Police criticised and ridiculed over attempt to spy on students and protesters

Secret footage has revealed how a policeman tried to recruit an activist to feed him information about the political activities of students and other campaigners

Police chiefs have received a hefty dose of criticism, and ridicule, since it was revealed that one of their officers attempted to persuade an activist to spy on Cambridge University students.

As the Guardian disclosed here yesterday, a policeman approached a young activist and tried to recruit him as an informant.

Instead, the activist decided to expose the surveillance with the help of a concealed camera.

He recorded a meeting with the officer who said he wanted information about students, groups such as UK Uncut and Unite Against Fascism, and anti-fracking demonstrators.

A series of clips from the secret footage can be seen here, here, here, here and here.

Cambridge University did not want to comment, saying that it was a matter for the police. Cambridgeshire Police has only said :”Officers use covert tactics to gather intelligence, in accordance with the law, to assist in the prevention and detection of criminal activity.”

Today my colleague Hugh Muir takes an acerbic look at how “the secret snoopy state seeks to monitor the legitimate activity of those who might ask questions of it.”

Here’s a selection of what others have said.

The Cambridge University Student Union said they were “alarmed” and found it “absurd”.

They added :”Tactics such as these are not only intrusive, they also waste time targeting groups which are involved in making important and positive change in our society. We condemn the actions of the police in this matter and hope the Government will look critically at the use of surveillance measures by UK security forces.”

Cambridge Defend Education, an anti-cuts campaign named as a potential target of the infiltration, said :”The police will go to any lengths to gain ‘intelligence’ on activist groups, including deceiving women into long-term intimate relationships. It is telling that the police regard their activities as completely legitimate and legal, reflecting their crucial role in enforcing austerity policies through both violent and covert repression of those who oppose them.”

Rachel Wenstone, deputy president of the National Union of Students, said : “This revelation is an absolute scandal. This is yet another example of the questionable tactics that undercover police officers have taken in recent years to infiltrate campaign groups and extract information.We now need to know just how widespread this practice is.”

She added : “To group the activities of hardworking students’ unions within the same realm as those of the English Defence League is grossly offensive.”

The covertly-recorded footage had shown that the police officer also wanted information about the EDL, but recognised that the activist was on the wrong side of the political divide to provide those details.

Nick Pickles, director of Big Brother Watch, condemned the infiltration of “anti-fracking or educational campaign groups, where there is zero suspicion of any wrongdoing” as “a gross abuse of surveillance powers.”

“Coming after attempts to discredit the family of Stephen Lawrence and undercover officers fathering children with activists this episode makes clear why the police should not be able to approve their own undercover surveillance operations. Judicial oversight is essential if these kinds of abuses are to be prevented.

“Were it not such a stark reminder of the weak oversight of police intelligence operations you’d be forgiven for thinking this was the plot for a student film, albeit inspired more by David Brent than James Bond.”

“There should be a full, independent inquiry into the activities of this unit and I will be writing to the Independent Police Complaints Commission to ask that they investigate.”

Jules Carey, a solicitor at Tuckers’ law firm representing several campaigners taking action against the Metropolitan Police over the alleged behaviour of undercover officers, said of Cambridgeshire Police: “The force has clearly lost its way. There can be no justification in a democracy for attempting to deploy informants into student groups and protest organisations. The force should be seeking to uphold the fundamental right to protest, not taking cynical steps to undermine it”.

Isabella Sankey, director of policy for human rights campaigners Liberty, said: “After the scandalous infiltration of grieving families and environmental movements, police now set their sights on student activism.

“That any group which dares to dissent is apparently fair game should alarm anyone committed to proportionate policing and democracy itself. Proper judicial checks on police surveillance are badly overdue – Parliament must take responsibility and act.”

Find this story at 15 November 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

‘Gaan jullie stenen gooien?’ Inlichtingenoperatie rondom studentenprotest

Dat studenten actie voeren tegen aangekondigde bezuinigingen op het onderwijs is van alle tijden. Daar is niets staatsondermijnend aan. Des te meer opmerkelijk dat diverse actieve studenten gedurende de acties en betogingen door de Regionale Inlichtingendienst en geheime dienst AIVD benaderd zijn met de vraag informant te worden.

‘Gaan jullie stenen gooien?’

Eind 2009 stak er langzaam een storm van protest op tegen de bezuinigingen in het onderwijs. Al jaren wordt er zowel binnen de politiek als vanuit wetenschappelijke hoek geroepen dat er geïnvesteerd moet worden om het Nederlandse onderwijs op peil te houden. De regering van CDA en VVD met gedoogpartner PVV vindt echter dat ook het onderwijs moet korten in verband met de algemene economische malaise. De studentenbonden, maar ook docenten keerden zich tegen het beleid van staatssecretaris Zijlstra van het ministerie van Onderwijs, Cultuur en Wetenschap (OCW).

Naast de ‘officiële’ organen van studenten (LSVB en IOS) en de jongerenorganisaties van enkele politieke partijen (Dwars en Rood) ontstond er een keur aan actiegroepen. Verspreid over het land richtten studenten clubs op als de Kritische Studenten Utrecht (KSU), Kritische Studenten Nijmegen Arnhem (KSNA), Kritische Studenten Twente (KST), Professor Protest (Amsterdam), SACU (Studenten Actie Comité Utrecht), Onderwijs is een Recht (OIER, Landelijk) en de comités SOS Nijmegen en SOS Amsterdam.

Actiegolf

Vanaf april 2010 tot de zomer van 2011 spoelde een golf aan acties over het land. Ludieke acties op straat of in universiteiten, bezettingen van hogescholen en faculteiten en demonstraties in verschillende steden. In het najaar van 2010 nam het protest in omvang toe en in januari 2011 demonstreerden ruim 10.000 studenten tegen de bezuinigingen.

Doel van de acties was van meet af aan duidelijk: geen kortingen op het onderwijs, zeker in een tijd dat de werkloosheid toeneemt. Ook al leefde er groot ongenoegen over het kabinet en gedoogpartner PVV, de regering omverwerpen was nooit een doelstelling. Oppositiepartijen en universiteits- en schoolbesturen verzetten zich samen met de studenten.

Nu lopen ludieke acties, bezettingen en demonstraties wel eens uit de hand, maar zoals onderzoek van Buro Jansen & Janssen naar demonstratierecht in Den Haag heeft uitgewezen, gebeurt dit zelden. Als er al ongeregeldheden plaats vinden, zijn lang niet altijd de actievoerders de schuldigen. Veelal is het ook te wijten aan het optreden van de politie. Bij grote demonstraties is vaak ook een overmacht aan mobiele eenheid aanwezig. De laatste jaren blijven ernstige rellen dan ook uit.

Begin 2011, op het hoogtepunt van de protestgolf, deed zich echter iets geks voor. Op de ochtend van vrijdag 21 januari meldde VVD-burgemeester Van Aartsen aan de NOS dat ‘de gemeente Den Haag aanwijzingen had dat radicalen de studentendemonstratie van vandaag willen verstoren’. Van Aartsen zei dat de politie die aanwijzingen baseerde op informatie afkomstig van ‘open en gesloten bronnen’.

Tijdens die demonstratie vonden er enkele schermutselingen plaats, maar of daar de ‘radicalen’ bij betrokken waren waar Van Aartsen eerder die dag op doelde, bleef onduidelijk. De open bronnen zouden websites, pamfletten en allerlei bladen zijn. Bij gesloten bronnen kan het gaan om telefoon en internet taps, observaties, maar ook informanten en infiltranten.

Zoals verwacht vond er een relletje plaats op het Plein voor het Tweede Kamergebouw en op het Malieveld. De politie meldde dat een deel van de aangehouden jongeren deel uit zou maken van radicale groeperingen. Volgens burgemeester Van Aartsen waren de arrestanten leden van de linkse groep Anti-Fascistische Aktie, zo meldde de NOS die avond.

Radicalen

Volgens de demonstranten liepen er tijdens de betoging veel agenten in burger mee en was de ME dreigend aanwezig. Dit kan het gevolg zijn geweest van de dreigende taal van de burgemeester. De ‘radicalen’ moesten per slot van rekening in de gaten worden gehouden. Van de 27 verdachten (cijfers van de politie) werden er nog op dezelfde dag 22 vrijgelaten.

Vijf verdachten werden maandag 24 januari voorgeleid. Volgens het openbaar ministerie bevonden zich hieronder ‘enkele niet-studenten’. Het zou gaan om een 27-jarige man uit Spanje, een 22-jarige man uit Haarlem, een 21-jarige Amsterdammer, een 26-jarige inwoner van Wassenaar en een 18-jarige Delftenaar.

Het OM maakte niet duidelijk wie nu wel of niet student was. Een HBO-student Arts and Sciences kreeg 8 weken onvoorwaardelijk opgelegd, een student politicologie en geschiedenis 80 uur werkstraf, een bouwkundestudent 40 uur werkstraf en een student toerisme een boete van 500 euro.

Alle verdachten en advocaten spraken van excessief politiegeweld. “De ME mishandelde vrouwen en kinderen” en “ik smeet vrijdag een aantal stenen, nee, geen bakstenen, naar de ME, omdat het geweld dat de politie gebruikte me diep schokte.” De rechter moest toegeven dat het optreden van de politie “niet de schoonheidsprijs verdiende.”

De veroordeelden waren allemaal studenten, zelfs de Spanjaard. Waarom logen burgemeester, politie en OM zowel voor als na de demonstratie over ‘radicalen’? Bespeelden zij de media om zo studenten in een verkeerd daglicht te plaatsen? En waar kwamen die radicalen plotseling vandaan? Na de demonstratie waren de radicalen volgens de burgemeester deelnemers aan de actiegroep AFA. Welke kennis had de politie en vanwaar werd die ingezet?

De gebeurtenissen rondom de demonstratie van 21 januari richtte de aandacht op iets dat al maanden aan de gang was. Vanaf het begin van de studentenprotesten is de overheid bezig geweest om het verzet in kaart te brengen, studenten te benaderen, informanten te werven, te infiltreren en zicht te krijgen op verschillende groepen. Niet de Landelijke Studenten Vakbond (LSVb) of het Interstedelijk Studenten Overleg (IOS) zouden een gevaar vormen, maar andere ‘radicalere’ studentikoze actiegroepen.

Benadering

In april en mei 2010 werd ‘Marcel’ gebeld door een man die zei dat hij van de recherche was en zichzelf Veerkamp noemde. Van welke afdeling en in welke hoedanigheid de beambte contact opnam, vertelde hij niet. Veerkamp werkt echter voor de Regionale Inlichtingendienst Utrecht, zoals uit een andere benadering blijkt. (zie Observant 58, Voor de RID is Griekenland ook een gevaar). De ‘rechercheur’ wilde graag geregeld contact met Marcel.

Marcel is student en actief voor het Studenten Actie Comité Utrecht (SACU) dat nauw samenwerkt met de Kritische Studenten Utrecht (KSU). Beide actiegroepen richten zich op de bezuinigingen op het onderwijs, maar plaatsen die tevens in maatschappelijk perspectief. Naast bezettingen, demonstraties en acties organiseerden ze ook debatten, lezingen en discussies. De kritische studentengroepen hielden een weblog bij met verslagen, agenda en discussie, een open structuur.

De man van de ‘recherche’ wilde van Marcel uit eerste hand weten wat de Utrechtse studenten de komende tijd gingen doen. “Zij wilden graag weten wat ze van ons konden verwachten”, vat Marcel het telefonische onderhoud samen. Marcel vond het nogal vreemd dat de man hem benaderde. Voor demonstraties werd openlijk opgeroepen en de groep meldde deze zelfs bij de politie aan. Waarom zou hij dan achter de rug om van andere studenten met deze man gaan praten?

Al snel werd duidelijk waar het de man om te doen was. Tijdens een van de twee gesprekken vroeg hij Marcel of ze van plan waren om stenen te gaan gooien tijdens studentendemonstraties. Marcel was nogal overrompeld door deze vraag, het leek of de politie er op zat te wachten. Alsof er een behoefte bestond van de zijde van de overheid om de studenten te criminaliseren.

AFA

Waarom wordt een student in Utrecht benaderd met de vraag of de studenten stenen zouden gaan gooien? Als Marcel de enige benaderde actievoerder was geweest dan is de conclusie simpel. De man die hem belde is wellicht werkzaam voor de Regionale Inlichtingendienst (RID) en was op zoek naar een contact binnen de kritische studentengroepen met het oog op mogelijke toekomstige ongeregeldheden. RID’ers hebben zo ook contacten met voetbalsupporters, zoals die van FC Utrecht.

Hoewel het personeel van de RID professionals zijn in het misleiden van mensen, kan de opmerking betreffende ‘stenen gooien’ een verspreking zijn geweest. De benaderde Marcel is echter geen uitzondering. ‘Peter’ werd in een eerder stadium gebeld door iemand van de overheid. Hij is student in Amsterdam en was actief voor de actiegroep Professor Protest. Het is niet duidelijk of de man die hem benaderde dezelfde persoon is geweest die Marcel heeft gebeld. Peter werd gevraagd om als informant te gaan werken. Hij voelde daar niets voor en verbrak de verbinding.

De combinatie van verschillende benaderingen, het bestempelen van elementen bij een studentendemonstratie als zijnde ‘radicaal’ en het benoemen van de ‘linkse groep Anti-Fascistische Aktie’ is te toevallig. In het deelrapport Ideologische Misdaad uit 2005 en 2007 van de KLPD worden deelnemers van AFA expliciet genoemd als ideologische misdadigers, mensen die worden verdacht van het plegen van een misdaad uit ideologische, politieke motieven.

Zodra activisten van AFA door politie worden gezien als ideologische misdadigers en door het landelijk parket gelijk worden gesteld aan roof misdadigers (Strategienota aandachtsgebieden 2005 – 2010) dan is een inlichtingenoperatie gericht op studenten een logisch uitvloeisel indien AFA-activisten ook student zijn en actief binnen die groepen. Daarbij passen benaderingen, infiltratie, aftappen, observaties en andere geheime methoden. Kritische studentengroepen plaatsen de strijd tegen de bezuinigingen van het kabinet in een breder perspectief.

Actieve studenten zijn soms ook politiek actief of strijden voor bijvoorbeeld dierenrechten, ondemocratisch Europa of bijeenkomsten van de G8 of G20. Het optreden van de overheid in deze doet sterk denken aan de inlichtingenoperatie van de BVD rond de Amsterdamse studentenbond ASVA in de jaren ’60 en ’70. Het verschil leek dat Marcel en Peter niet door de inlichtingendienst (de AIVD) zijn benaderd, maar door de ‘recherche’. De recherche zou dan misschien de Nationale Recherche zijn geweest vanwege de ‘ideologische misdaad’.

Geheime dienst

Nu is de wijze waarop prioriteiten gesteld worden aan het werk van politie en parket onderhevig aan politieke druk. Prioriteiten veranderen jaarlijks, afhankelijk van gevoerde discussies in de Tweede Kamer en de doelstellingen van een individuele minister. Het is echter moeilijk voor te stellen dat studentenprotesten plotseling als een belangrijk strategiepunt zijn benoemd voor de Nationale Recherche. Beleid verandert meestal traag, het duurt een tijd voordat het opsporingsapparaat zich gaat richten op een andere prioriteit.

Niet de Nationale Recherche zat dan ook achter de studenten aan, maar de geheime dienst. De benadering van ‘Karin’ onderstreept dit. Zij werd benaderd door iemand van het ministerie van Binnenlandse Zaken en Koninkrijksrelaties, het ministerie dat verantwoordelijk is voor het functioneren van de AIVD. Marcel en Peter zijn waarschijnlijk benaderd door functionarissen van de Regionale Inlichtingendiensten van Amsterdam en Utrecht.

Probleem is dat inlichtingenfunctionarissen meestal niet te koop lopen met hun naam en het werk dat ze verrichten. Indien je als burger zelf niet vraagt met wie je van doen hebt, kunnen zij niet de beleefdheid opbrengen om duidelijk aan te geven dat zij voor een inlichtingendienst werken.

Karin is student aan de Universiteit van Amsterdam (UvA). Zij is sinds eind 2010 betrokken bij het studentenverzet. In februari 2011 bezette zij samen met andere studenten het Bungehuis van de UvA. Aan de actiegroep waar zij deel van uitmaakte, Professor Protest, nam ook Peter deel.

Op 20 april 2011 werd Karin gebeld door een man die zich voorstelde als ‘Ivo Kersting’ (of Kertjens of Kerstman of Kerstland) van het ministerie van Binnenlandse Zaken en Koninkrijkrelaties. Haar mobiele nummer was niet gebruikt als perstelefoon dus Ivo moet haar nummer via het Centraal Informatiepunt Onderzoek Telecommunicatie (CIOT) hebben verkregen.

Ivo belde vanuit Amsterdam met nummerherkenning en sprak Karin met haar voornaam aan. Zij was nogal overrompeld door het telefoontje. Hij vroeg of hij op een gelegen tijdstip belde waarop zij ontkennend antwoordde. Hij kon haar over een uur terugbellen, maar zei niet waarover. Karin vroeg het nog, maar Ivo zei, “nee, over een uur hoor je dat wel”.

Een uur later hing hij weer aan de lijn, nu zonder achternaam. “Hallo, weer met Ivo, van Binnenlandse Zaken. Wij zijn de studentenbeweging in kaart aan het brengen. Jij bent toch woordvoerder geweest van de Bungehuis bezetting? Je bent ons positief opgevallen, en je zou ons erg helpen als je met ons rond de tafel komt zitten om wat te debatteren over de studentenbeweging.”

Ivo heeft gedurende de telefoongesprekken op geen enkele manier uitgelegd wat voor functie hij op het ‘ministerie’ vervulde. Karin antwoordde dat ze geen tijd had en niet meer actief betrokken ws bij de studentenprotesten. Ivo leek een beetje van zijn stuk gebracht door haar resolute antwoord. “Oh, dat is jammer je zou ons echt enorm kunnen helpen, kan ik je niet overhalen?”, probeerde hij nog. Toen Karin ontkennend antwoordde, gooide hij zonder gedag te zeggen de hoorn op de haak.

Intimiderend

Medewerkers van de inlichtingendienst hebben de neiging zich boven de burger, de samenleving te plaatsen. Ze hebben toegang tot allerlei persoonlijke informatie waardoor mensen die benaderd worden zich erg geïntimideerd voelen. Karin vond de gesprekken met Ivo Kersting vervelend en intimiderend. Hij bleef aandringen, draaien, geveinsd vriendelijk doen en doordrammen terwijl zij toch duidelijk was met haar ontkenning.

Ivo belde namelijk na een paar minuten weer terug. Hij verontschuldigde zich niet dat hij zo onbeschoft de hoorn op de haak had gegooid, maar zei meteen dat ze geld kreeg voor deelname aan het gesprek. Hoewel Karin opnieuw zei niet mee te willen werken, bleef de functionaris aanhouden. “We kunnen ook in Amsterdam afspreken. Ben je in Amsterdam? Je woont toch in Amsterdam? Ik ben nu met een collega in de buurt dus dan zouden we even kunnen spreken?”

Blijkbaar wisten ze meer van haar dan ze hadden laten doorschemeren. Karin wees de agenten opnieuw af, maar op het drammerige af bleef Ivo aanhouden. “Anders spreken we af dat jij bepaalt waar en wanneer je af wilt spreken. Je zou ons echt enorm kunnen helpen.” De druk werd opgevoerd. Karin moest zich schuldig gaan voelen. Zij wilde niet meewerken terwijl Ivo en zijn collega zo redelijk waren.

Dat waren ze echter niet. Ze intimideerden haar en toonden geen respect voor haar standpunt. “Weet je wat, ik overval je nu natuurlijk. Misschien kan ik je anders volgende week bellen”, zei Ivo alsof hij haar ontkenning helemaal niet had gehoord. Opnieuw voor de tiende keer antwoordde Karin dat ze niet wilde afspreken, geen tijd en zin had.

Karin was overrompeld, maar was nee blijven zeggen. Achteraf realiseert zij zich dat ze blij was dat ze wist dat ze het volste recht had om te weigeren mee te werken. Na een spervuur aan vragen te hebben overleefd en geschrokken te zijn van de behandeling, bleef er alleen maar boosheid bij haar hangen. “Het is eigenlijk politie van de ergste soort omdat ze zich niet eens voordoen als politie, en het laten lijken alsof je gewoon een gezellig kopje koffie gaat drinken”, vat ze het maanden later samen.

“Veel studenten die benaderd worden zullen dusdanig geïntimideerd zijn dat ze gaan praten omdat ze niet durven te weigeren. Anderen zullen denken dat het om een gezellige discussie of om een debat gaat”, concludeert Karin. De geheim agenten gaven haar ook die indruk. “Ze deden alsof het heel erg zou helpen als ik met ze zou gaan debatteren over de studentenbeweging, alsof zij invloed hadden op de besluitvorming rondom de bezuinigingen”, voegt ze nog toe. Karin is er van overtuigd dat er zeker studenten zijn geweest die op het aanbod zijn ingegaan en met Ivo en zijn collega of andere functionarissen hebben gesproken.

Persoonsdossiers

Naast Marcel, Peter en Karin zijn er ook andere mensen benaderd vanaf het najaar van 2010 tot en met de zomer van 2011. Waarom wordt een inlichtingendienst ingezet tegen een groep studenten die protesteert tegen de bezuinigingen op het onderwijs? Niet om rellen te voorkomen, zoals bij voetbalsupporters. Bij risicowedstrijden communiceert de RID vooral met de burgemeester en met de driehoek over mogelijke ongeregeldheden, niet met de inlichtingendienst.

Dat er een uitgebreidere inlichtingenoperatie rondom de studentenprotesten op touw is gezet, maken de eerste stukken duidelijk die via de Wet openbaarheid van Bestuur (WoB) en de Wet op de Inlichtingen- en Veiligheidsdiensten (WIV) zijn verkregen. De RID van de regiopolitie Haaglanden heeft op 27 januari 2011 een nabeschouwing van de studentendemonstratie opgesteld voor het Algemeen Commandant van de Staf grootschalig en bijzonder optreden (AC SGBO).

Of dit rapport alleen naar de algemeen commandant is gegaan, valt te betwijfelen. Op 21 maart 2011 schrijft rapporteur ‘R: 15:’ van de RID Haaglanden het verstrekkingrapport 1414/11 aan de AIVD. Het rapport gaat over een studentendemonstratie van 25 maart 2011. Er wordt in gemeld wie de organisator was van de betoging, de route en het aantal te verwachten demonstranten. Onduidelijk is of er delen van het rapport zijn achtergehouden.

Evenmin duidelijk is hoelang de overheid studenten al in kaart aan het brengen is. Duidelijk is wel dat er persoonsdossiers zijn samengesteld van individuele actievoerders. Op basis van die dossiers is de claim van burgemeester Van Aartsen, de politie en het Openbaar Ministerie rond de demonstratie van 21 januari 2011 te begrijpen. Of er provocateurs van politie of inlichtingendienst, mensen die aanzetten tot geweld, tussen de demonstrerende studenten rond hebben gelopen, is niet duidelijk. Wel waren er veel agenten in burger op de been en de ME trad onnodig hard op.

Marcel, Peter en Karin zijn fictieve namen.

Find this story at 26 maart 2013

Police tried to spy on Cambridge students, secret footage shows

Officer is filmed attempting to persuade activist in his 20s to become informant targeting ‘student-union type stuff’

Police sought to launch a secret operation to spy on the political activities of students at Cambridge University, a covertly recorded film reveals.

An officer monitoring political campaigners attempted to persuade an activist in his 20s to become an informant and feed him information about students and other protesters in return for money.

But instead the activist wore a hidden camera to record a meeting with the officer and expose the surveillance of undergraduates and others at the 800-year-old institution.

The officer, who is part of a covert unit, is filmed saying the police need informants like him to collect information about student protests as it is “impossible” to infiltrate their own officers into the university.

The Guardian is not disclosing the name of the Cambridgeshire officer and will call him Peter Smith. He asks the man who he is trying to recruit to target “student-union type stuff” and says that would be of interest because “the things they discuss can have an impact on community issues”.

Smith wanted the activist to name students who were going on protests, list the vehicles they travelled in to demonstrations, and identify leaders of protests. He also asked the activist to search Facebook for the latest information about protests that were being planned.

The other proposed targets of the surveillance include UK Uncut, the campaign against tax avoidance and government cuts, Unite Against Fascism and environmentalists. The Cambridgeshire police initially insisted that there were implications for “national security” but later dropped this argument when challenged.

At another point, the activist asked whether a group known as Cambridge Defend Education, which has protested against tuition fees and education cuts, would be of interest. Smith replied: “That’s the sort of thing that we would be looking for. Again, basic sort of stuff. It’s all the internet. When they have meetings and they are discussing what they are going to do, that’s when we’ll say: ‘Will you go along?'”

Cambridge Defend Education describes itself as being “mostly students and academics from Cambridge University”.

Rachel Wenstone, deputy president of the National Union of Students, said: “This is yet another example of the questionable tactics that undercover police officers have taken in recent years to infiltrate campaign groups and extract information.”

Julian Huppert, the Liberal Democrat MP for Cambridge, tweeted: “I’m shocked by this – seems wholly inappropriate.” Cambridge University did not comment, saying it was a matter for the police.

Cambridgeshire police said: “Officers use covert tactics to gather intelligence, in accordance with the law, to assist in the prevention and detection of criminal activity.”

The disclosures follow prolonged criticism of the police over their secret deployment of long-term undercover officers in political groups since 1968. Police chiefs have been accused of unjustifiably infiltrating and disrupting political groups that use non-violent methods to promote their aims.

Another technique for gathering intelligence on campaigners has been to convince activists to become paid informants and pass on details of future protests and prominent campaigners. The number of informants in political groups, according to police sources, runs into the hundreds.

The covert film sheds light on the rarely visible world of informants, illuminating how the police recruit and task them. The activist, who does not want to be named and has been given the pseudonym John Armstrong, was rung on his mobile out of blue at the beginning of October by the police officer.

Smith said he worked for the police and asked him if he was willing to come to a police station in Cambridge to help him with a matter that he did not disclose.

According to Armstrong, Smith had chosen him because he had been active in environmental and anti-nuclear groups and had been arrested three times on demonstrations, although not charged. He has also lived in Cambridge for many years.

Afterwards, Armstrong contacted the Guardian as he did not want to become an informant. He agreed to wear a concealed camera to record the contents of his second meeting with Smith.

During this meeting, Smith suggested that he wanted Armstrong to start by providing information about local groups in Cambridge, before progressing on to national campaigns.

“Let’s keep it small, you know little things that go on, little meetings that happen where they are going to discuss different issues in Cambridge, whether it be, such as at the university or those sorts of things,” the officer is recorded as saying. When Armstrong said he had been involved in a student-organised occupation of Cambridge University in a protest against tuition fees three years ago and asked if Smith would have been interested in that, Smith said yes. “Again, it’s those sorts of things. You know, what is the feeling of people, if you are inside.”

The young man then asked if it would have been difficult for the police to send their own officers into the occupation, to which Smith replied: “We can’t do it. It’s impossible. That’s why we need to work with people.” Armstrong has not been a student at Cambridge, although many of his friends are at the university.

When contacted by the Guardian, a Cambridgeshire police spokesperson said: “Officers use covert tactics to gather intelligence, in accordance with the law, to assist in the prevention and detection of criminal activity.” They declined to give any details of the unit Smith works for.

Smith outlined what information Armstrong would be required to slip him. “It will be a case of you going to meetings, say, I don’t know, UK Uncut, student … something like that, how many people were there, who was the main speaker, who was giving the talks, what was your assessment of the talk, was it a case of – were they trying to cause problems or were they trying to help people, you know, those sort of things.”

Smith also said he wanted Armstrong to collect information about Cambridge campaigners who were planning to go to protests in other parts of the country. “That’s where the names come in. Because what I will want to know is – OK, who’s going, do they plan on a peaceful protest which is absolutely fine, how they are going to go, as in what vehicles they are going to use, index numbers.”

He goes on to say: “So you will tell me, for example, there’s 50 people going from Cambridge University, these are the vehicles they are travelling in and they are going as a peaceful protest?”

Smith outlined how the information gathered by Armstrong would be funnelled to the police officers in charge of policing the demonstration: “The reason I am asking those questions is because it gives the officers or whoever’s looking after it on that side of things, as in at the protest, an idea of how many people are going to attend, where they are coming from, how many vehicles are going to turn up, so they can put measures in place to keep them off the road and things. It’s not because we want to target people and round them all up and arrest them.”

Smith also suggested that Armstrong use Facebook to find information about groups, adding: “It is easier to ask people like yourself to give us updates … It’s all about us doing things legally … We don’t hack into people’s accounts so then we would ask you for updates.”

The officer also suggested the man he hoped to recruit would be paid expenses or other sums. “You might go to a UK Uncut or Unite Against Fascism meeting one evening, you might get say £30 just for your time and effort for doing that. That’s the sort of thing you are looking at.”

As Smith sought to convince Armstrong to sign up, he also advised him not to “think too deeply” about informing on his fellow campaigners as he might “tie himself up in knots”.

Rob Evans and Mustafa Khalili
The Guardian, Thursday 14 November 2013 13.42 GMT

Find this story at 14 November 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Spooky Business: A New Report on Corporate Espionage Against Non-profits

Giant corporations are employing highly unethical or illegal tools of espionage against nonprofit organizations with near impunity, according to a new report by Essential Information. The report, titled Spooky Business, documents how corporations hire shady investigative firms staffed with former employees of the Central Intelligence Agency (CIA), National Security Agency (NSA), US military, Federal Bureau of Investigations (FBI), Secret Service and local police departments to target nonprofit organizations.

“Corporate espionage against nonprofit organizations is an egregious abuse of corporate power that is subverting democracy,” said Gary Ruskin, author of Spooky Business. “Who will rein in the forces of corporate lawlessness as they bear down upon nonprofit defenders of justice?”

Many of the world’s largest corporations and their trade associations — including the U.S. Chamber of Commerce, Walmart, Monsanto, Bank of America, Dow Chemical, Kraft, Coca-Cola, Chevron, Burger King, McDonald’s, Shell, BP, BAE, Sasol, Brown & Williamson and E.ON – have been linked to espionage or planned espionage against nonprofit organizations, activists and whistleblowers.

Many different types of nonprofit organizations have been targeted with corporate espionage, including environmental, anti-war, public interest, consumer, food safety, pesticide reform, nursing home reform, gun control, social justice, animal rights and arms control groups.

Corporations and their trade associations have been linked to a wide variety of espionage tactics against nonprofit organizations. The most prevalent tactic appears to be infiltration by posing a volunteer or journalist, to obtain information from a nonprofit. But corporations have been linked to many other human, physical and electronic espionage tactics against nonprofits. Many of these tactics are either highly unethical or illegal.

Founded in 1982 by Ralph Nader, Essential Information is a Washington, DC-based nonprofit, tax-exempt organization. It is involved in a variety of projects to promote corporate accountability, a more just economy, public health and a sustainable planet. It has published a bi-monthly magazine, books and reports, sponsored conferences, provided writers with grants to pursue investigations, published daily news summaries, operated clearinghouses that disseminate information to grassroots organizations in the United States and developing countries worldwide, and has hosted scores of conferences focusing on government and corporate accountability.

November 20, 2013 · by editor · in Corporate Espionage

Find the report at 20 November 2013

© 2013 Center for Corporate Policy

Spooky Business: U.S. Corporations Enlist Ex-Intelligence Agents to Spy on Nonprofit Groups (2013)

A new report details how corporations are increasingly spying on nonprofit groups they regard as potential threats. The corporate watchdog organization Essential Information found a diverse groups of nonprofits have been targeted with espionage, including environmental, antiwar, public interest, consumer safety, pesticide reform, gun control, social justice, animal rights and arms control groups. The corporations carrying out the spying include the U.S. Chamber of Commerce, Wal-Mart, Monsanto, Bank of America, Dow Chemical, Kraft, Coca-Cola, Chevron, Burger King, McDonald’s, Shell, BP, and others. According to the report, these corporations employ former CIA, National Security Agency and FBI agents to engage in private surveillance work, which is often illegal in nature but rarely — if ever — prosecuted. We’re joined by Gary Ruskin, author of the report, “Spooky Business: Corporate Espionage Against Nonprofit Organizations,” and director of the Center for Corporate Policy, a project of Essential Information.

Click here to watch part 2 of this interview.
Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: As we turn to a new report detailing how corporations are increasingly spying on nonprofit groups that they regard as potential threats. The report’s called, “Spooky Business: Corporate Espionage Against Nonprofit Organizations.” It was released by the corporate watch group Essential Information. The report found a diverse group of nonprofits have been targeted with espionage, including environmental, antiwar, public interest, consumer safety, pesticide reform, gun control, social justice, animal rights, and arms control groups. The corporations carrying out the spying include the U.S. Chamber of Commerce, Wal-Mart, Monsanto, Bank of America, Dow Chemical, Kraft, Coca-Cola, Chevron, Burger King, McDonald’s, Shell, BP, and others. According to the report, these corporations employ former CIA, NSA and FBI agents to engage in private surveillance work which is often illegal in nature but rarely, if ever, prosecuted. For more we go to California where we’re joined by the report’s author, Gary Ruskin. He is the director of the Center for Corporate Policy, a project of Essential Information. Gary, Welcome back to Democracy Now! Explain what you found.

GARY RUSKIN: Thanks for having me on the show again, Amy. Yeah, we found a tremendous diversity of corporate espionage being conducted against a wide variety of civic groups across the country and the U.K., the case in Ecuador and in France as well. So what we found was a tremendous variety of use of different types of espionage tactics from dumpster diving to hiring investigators to pose as journalists or volunteers, to electronic espionage, information warfare, information operations hacking, electronic surveillance. And so this appears to be a growing phenomenon both here in the United States and maybe in other parts of the world as well. But our report is an effort to document something that’s very hard to know very much about. We aggregated 30 different cases of corporate espionage to try to talk about them, but really, each of the cases we have very fragmentary information. And so it’s hard to say — we have a, we have a part of an iceberg whether it’s the tip of the iceberg or the tippy tip of the iceberg, we don’t really know.

AMY GOODMAN: Gary, let’s got to — I want to go to 2010; Greenpeace files a federal lawsuit against Dow Chemical and Sasol North America for engaging in corporate espionage. The lawsuit alleged corporate spies stole thousands of confidential documents from Greenpeace, including campaign plans, employee records; phone records, donor and media lists. Democracy Now! spoke to Charlie Cray, the senior researcher with Greenpeace USA at the time. He explained what happened.

CHARLIE CRAY: BBI, the defunct private investigation firm hired subcontractors including off-duty police officers who went through Greenpeace’s trash to find useful documents on a regular basis. Over two years they did this almost twice a week on average. They also used subcontractors who had colleagues who attempted to infiltrate Greenpeace as volunteers. They cased the Greenpeace office looking for we don’t know what, but probably doing advanced scouting for people who would then intrude upon the property. We found a list of door codes, we found a folder that said “wiretap info,” which was empty. We know this company has sub-contracted with a company called Net Safe, which is a company that was made of former NSA officials skilled in computer hacking and things like that. So we really don’t know the full extent of this, but what we’ve seen is incredibly shocking. And our goal is to bring this out into the light of day and to stop it if it’s still going on.”

AMY GOODMAN: That was Charlie Cray, senior researcher with Greenpeace USA. Gary Ruskin, if you could responded to that and then talk about Wal-Mart and Up Against the Wall, the nonprofit organization?

GARY RUSKIN: The Greenpeace example is a great example of what corporate America can bring to bear, the lawlessness that they can bring to bear on nonprofit organizations like Greenpeace, like Peta, like Knowledge Ecology International, on Public Citizen and others. This was a tremendously diverse and powerful campaign of espionage that they targeted Greenpeace with. And so, you know, there are so many other examples in the report, but you mentioned Wal-Mart has a very large internal security operation and so we know of a case, for example, where they planted essentially a person with a bug in a meeting of people organizing about Wal-Mart and then as well they had a van that was able to surveil some other activities, protest activities as well. There are so many stories we can tell from the report. Another famous one was the largest operated nuclear power plants in the world; Electricite de France, caught with a copy of a Greenpeace hard drive on one of its contractor’s computers because they’d hacked into Greenpeace France. So there just so many stories we can tell.

AMY GOODMAN: So how does it go from spying to interrupting the activity of these organizations? And also if you could also talk about the spying on Occupy Wall Street.

GARY RUSKIN: Sure. Well, what we found in some of the cases is there are spies that actually, you know, actively participate in an organization. For example, one of the most famous cases was a woman who’s real name was Mary Lou Sapone, who went by a Mary McFate and was very active in gun control movement for quite a long time and ran for the National Board of Directors of a prominent gun control organization and worked with the Brady Campaign like. She was totally a spy. Another example was there was —

AMY GOODMAN: A spy for?

GARY RUSKIN: A spy probably for the NRA. And then there are other pretty well-known examples, like for example, there was a former congressman the late Congressmen Henry Hyde was also a bank director at a bank, he didn’t pay — the bank went belly up and he was the only bank director who did not pay the settlement for the bank going defunct. And he had a lawyer dispatch a journalist or someone who posed as a journalist to get information from the guy who uncovered so much of this Ron Dueling [SP].

AMY GOODMAN: Well Gary Ruskin, we are going to continue covering this issue, were going do part 2 of the interview and post it online at democracynow.org. Gary Ruskin is Director of The Center for Corporate Policy, a project of Essential Information. We’ll link to the report “Spooky Business: Corporate Espionage Against Nonprofit Organizations.”

The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

Monday, November 25, 2013

Find this story at 25 November 2013

Vuilnis van milieugroepen gebruikt door grote bedrijven

Worden Greenpeace, Milieudefensie en andere milieuorganisaties in Nederland in de gaten gehouden door de bedrijven die zij kritisch volgen? Duidelijke aanwijzingen zijn er niet, maar de Amerikaanse praktijk van de jaren negentig die James Ridgeway in het maanblad Motherjones schetst, plaatst vraagtekens bij deze betrekkelijke rust. Het verhaal van Ridgeway is een moderne variant van de oud papier-affaire die Buro Jansen & Janssen in 1994 onthulde. Marcel Paul Knotter haalde toen

jarenlang oud papier op bij verschillende actiegroepen. Het papier was zogenaamd bestemd voor een school, maar in werkelijkheid bracht hij het naar het kantoor van ABC in Vinkeveen. ABC was het particuliere recherchebureau van Peter Siebelt, die de informatie regelmatig deelde met de Telegraaf. In het Amerikaanse verhaal gaat het om Beckett Brown International (BBI), in 2000 omgedoopt tot S2i. BBI, werkzaam van 1995 tot en met 2001, was een maatje groter dan ABC. Het bedrijf kon tot zijn klantenkring the Carlyle Group, the National Rifle Assocoation, Wal-Mart, maar ook grote public-relations bedrijven zoals Ketchum en Nichols-Dezenhall Communications rekenen. Ketchum is een internationaal pr bedrijf en heeft in Nederland als zakelijke partner Winkelman en Van Hessen. Ridgeway sprak uitgebreid met de gedesillusioneerde investeerder John C. Dodd III die hem ook verschillende interne documenten van BBI overhandigde.

Het verhaal van Beckett Brown International begint in 1994 in Easton, Maryland, de Verenigde Staten. Beckett is werkzaam in de adviseringsbranche en introduceert Dodd aan een voormalig medewerker van de geheime dienst Paul Radowski en later nog aan Joseph A. Masonis en een expert in explosieven George Ferris. Het bedrijf Beckett Brown International, vernoemd naar Richard Beckett en Sam Brown, de advocaat van het bedrijf, gaat officieel in augustus 1995 van start met Radowski, Masonis en Ferris als medewerkers. BBI is een allround beveiligingsbedrijf. Het verzorgt in 1997 de beveiliging van de inauguratie van Bill Clinton en heeft in het begin klanten als Phillip Morris. In 1998 telt het bedrijf 22 medewerkers waaronder David Bresset, Phil Giraldi en Vincent Cannistraro drie voormalige CIA officieren. Cannistraro was voormalig hoofd van het Contra-terreur-centrum van de CIA en in de jaren tachtig verantwoordelijk voor de Amerikaanse steun aan de Contra’s.

Giraldi verliet in 1999 het bedrijf dat toen al met onconventionele middelen zijn pijlen op Greenpeace had gericht. De vuilnis werd doorzocht en infiltranten werden ingezet. In september 2000 vindt het Taco Bell schandaal plaats. GE Food Alert, een coalitie tegen gentechnologie, had al in juli dat jaar ontdekt dat genetisch gemanipuleerde maïs die niet voor de consumptie geschikt was in voedsel terecht was gekomen. BBI wordt door het pr bedrijf Ketchum ingeschakeld om uit te zoeken welke informatie verschillende actiegroepen hebben. BBI doet een poging om de vuilnis van het Center for Food Safety, Friends of the Earth en GE Food Alert te bemachtigen. Bij de eerste groep wordt ook een poging tot infiltratie gedaan. De operatie wordt door Jay Bly, ook een voormalig geheimedienst-man, vanuit BBI gecoördineerd. Tim Ward, een voormalig politieagent uit Maryland, staat ook op de loonlijst en verzorgt de contacten met lokale politiemensen die soms wat bijklussen voor BBI. Citaat uit een email van Bly aan Ward: ‘I got hold of Jim Daron [a Washington police officer working for BBI] yesterday. He was supposed to do Vermont Ave and Penn Ave SE last night. I have not heard from him today …’

Of de vuilnis operatie deze keer succesvol was wordt niet duidelijk uit de email die Ridgeway boven tafel kreeg. Beckett Brown is er in het verleden wel in geslaagd de notulen van een strategie-bijeenkomst van het GE food netwerk aan Ketchum te overhandigen. In 1999 stelt BBI daartoe het rapport ‘Intelligence Analysis for Dow Global Trends Tracking Team’ op. De praktijk van ‘dumpster diving’ zoals de Amerikanen het vuilnis-kijken voor informatie noemen was niet volledig onbekend bij de leiding van het bedrijf. David Queen, vice -president van BBI, schrijft in 1998 een memo aan Radowski over vuilnis-doorzoeken. De voormalige aanklager uit Pennsylvania memoreert dat dit doorzoeken enkele problematische kanten heeft waartoe BBI buiten het bedrijf advies dient in te winnen met het oog op mogelijke gerechtelijke stappen tegen het bedrijf.

Een schrale troost voor de milieubeweging is dat Beckett Brown International geen scrupules lijkt te kennen en het vuil van wie dan ook doorzoekt. In combinatie met een ander pr bedrijf, Nichols-Dezenhall Communications, dat werkzaam is voor Nestle, wordt een poging gedaan de vuilnis van de concurrent van Nestle, Whetstone Chocolates, te bemachtigen.

Greenpeace leek het hoofddoel van de vuilnis-operatie met betrekking tot milieuorganisaties. Jennifer Trapnell, een ex-vriendin van Tim Ward vertelt Ridgeway over enkele nachtelijke operaties. Doel was niet zozeer de strategie met betrekking tot een campagne te bemachtigen, maar zowel de lopende zaken als de organisatiestructuur in beeld te brengen. Financiële rapporten, veiligheidsinstructies van het Greenpeace kantoor en de toegangscodes voor het kantoor waren in het bezit van BBI. Hoewel Greenpeace ruime ervaring heeft met inbraken en infiltratie door pr bedrijven was de observatie door BBI niet opgevallen.

Een van de BBi-projecten waarbij ook een infiltrant is ingezet is de campagne van Greenpeace in samenwerking met lokale milieuorganisaties rond ‘cancer alley’ in Louisiana. Het traject langs de Mississippi River van Baton Rouge tot New Orleans is een industrieterrein waar onder andere Shell is gevestigd. De milieubeweging heeft het de bijnaam ‘cancer alley’ gegeven, maar de bedrijven, waaronder Shell, betwisten het gevaar van de locatie. BBI verzamelde voor de pr bedrijven Ketchum en Nichols-Dezenhall Communications informatie, maar trachtte ook tweespalt te zaaien in de campagne van lokale milieugroepen en Greenpeace met de inzet van infiltrant Mary Lou Sapone. Sapone infiltreerde de milieugroep CLEAN in Louisiana en gaf informatie door aan BBI. Sapone was al eerder actief als infiltrant in de jaren tachtig. Voor Perceptions International infiltreerde ze toen in een dierenrechtengroep in Connecticut.

Infiltratie was naast het vuilnisdoorzoeken voor informatie een gebruikelijke werkwijze van BBI. In 1996 en 1997 werd een infiltrant ingezet om het verzet van een lokale actiegroep in Noord California tegen een vuilstortplaats in kaart te brengen voor het bedrijf Browning-Ferris Industries dat de stortplaats wilde exploiteren.

Een ander bedrijf, Condea Vista, maakte ook gebruik van de diensten van BBI. Investeerder Dodd kwam het bedrijf tegen in het omvangrijke archief dat hij na de beëindiging van Beckett Brown International opsloeg. Bij het doorlezen van dit archief kwam hij stukken tegen die de naam ‘Lakes Charles project’ droegen. Eind jaren negentig was Condea Vista verwikkeld in een juridisch gevecht met werknemers die het bedrijf aanklaagden wegens ziekte ten gevolge van lekkage van pijpleidingen. Ook werden er campagnes gevoerd door milieu-activisten tegen de vervuiling van Lake Charles in Louisiana. Condea Vista huurde het pr bedrijf Nichols-Dezenhall in dat op zijn beurt BBI weer inschakelde. Bij de vervuiling draait het om een 40 jaar oude pijpleiding die door het bedrijf is gebruikt om erg giftige stoffen te transporteren. Van de vele miljoenen tonnen chemische stoffen die door lekkage in het milieu zijn terecht gekomen heeft het bedrijf maar een fractie opgeruimd. In een gerechtelijke procedure van enkele zieke werknemers tegen Condea Vista trad advocaat Tom Filo op. Filo vertelt Ridgeway dat tijdens de zaak tegen het bedrijf verschillende keren in zijn kantoor was ingebroken. Een keer reageerde hij op het alarm en vond politieagenten in zijn kantoor, die de voordeur hadden opengebroken en het alarm hadden uitgezet. ‘Weird shit was going on back then,’ vat hij de gebeurtenissen samen. Dodd nodigde Filo uit om het archief door te kijken. Filo vond vertrouwelijke documenten zoals medische rapportages van werknemers, die volgens hem alleen gestolen konden zijn. Naast inbraken, observaties van lokale milieuactivisten maakt BBI ook gebruik van informanten. Opnieuw komt de naam op van Mary Lou Sapone, maar er was ook een andere infiltrant. Sapone huurde een schoolmeester in die actief werd in CLEAN (Calcasieu League for Environmental Action Now) en in korte tijd mee ging doen aan allerlei belangrijke vergaderingen. Jay Bly was direct bij het Lakes Charles project betrokken door bijvoorbeeld de observatie van Greenpeace medewerker Beth Zilbert. Bly rapporteerde aan Tim Ward over de activiteiten van BBI in deze zaak. Perry R. Sanders, een andere advocaat die zieke werknemers vertegenwoordigt, heeft een getuigenverklaring van Bly en Ward waarin beide mannen bekennen voor Condea Vista in Lake Charles en Washington DC te hebben gewerkt. Tevens bekenden beiden dat het bedrijf op de hoogte was van hun activiteiten, maar ze wilden niet in detail treden.

Greenpeace onderzoekt de juridische mogelijkheden om de bedrijven die BBI hebben ingehuurd aan te klagen. Het archief van Dodd wordt doorgespit om te doorgronden hoe diep de campagnes van Greenpeace geïnfiltreerd waren. De indruk bestaat dat BBI niet alleen de vuilnis van Greenpeace doorzocht, maar ook andere middelen gebruikte. In het archief van Dodd werden lijsten van donateurs en allerlei persoonlijke gegevens over de werknemers gevonden.

De hoofdrolspelers in de spionage-operatie van BBI zijn nog steeds actief in de wereld van de ‘beveiliging’. Tim Ward heeft een eigen bedrijf Chesapeake Strategies en Jay Bly werkt voor hem. Het bedrijf beveiligt ook onderzoeksinstituten tegen dierenrechten-activisten. Joseph Masonis werkt voor Annapolis Group een bedrijf dat trots is op zijn 45-jarige ervaring met de United States Secret Service. Richard Beckett leidt het bedrijf Global Security Services dat naast intelligence services en paramilitaire operaties ook senator Barack Obama beveiligd heeft.

Investeerder John C. Dodd III heeft dozen vol administratie van Beckett Brown International en S2i gered van de vernietiging. Hij wil graag getuigen voor het Amerikaanse Congres of welke instantie dan ook over de vuile praktijken van het bedrijf dat hij mogelijk heeft gemaakt, maar niemand heeft hem nog uitgenodigd.

Find this story at 1 June 2008

 

Greenpeace Sues Chemical Companies for Corporate Espionage (2010)

Greenpeace has filed a lawsuit against two major chemical companies and their PR firms for corporate espionage. The complaint alleges that Dow Chemical and Sasol — formerly CONDEA Vista — hired private investigators to spy on Greenpeace in the late 1990s. The charges of espionage center on surveillance of the Greenpeace office in Washington, D.C., and the infiltration of a community group in St. Charles, Louisiana, that was working with Greenpeace on dioxin contamination. Greenpeace accuses the corporations of engaging in this level of surveillance “with the intention of preempting, blunting, or thwarting” the organization’s environmental advocacy campaigns. For more on this story, we speak with Greenpeace USA senior researcher Charlie Cray. Dow Chemical declined to comment on the lawsuit. [includes rush transcript]
Transcript

This is a rush transcript. Copy may not be in its final form.

JUAN GONZALEZ: Greenpeace has filed a federal lawsuit against Dow Chemical and Sasol North America for engaging in corporate espionage. Also named in the suit are the public relations firms Dezenhall Resources and Ketchum and the now-defunct firm Beckett Brown International. The lawsuit alleges that corporate spies stole thousands of confidential documents from Greenpeace, including campaign plans, employee records, phone records, and donor and media lists.

AMY GOODMAN: For more on the lawsuit, we’re joined now from Washington, D.C. by Greenpeace senior researcher Charlie Cray.

Charlie Cray, you’re talking about corporations that infiltrated Greenpeace around the country and stole all these documents. Explain exactly what happened.

CHARLIE CRAY: Well, Dow Chemical and Sasol Resources, which used to be CONDEA Vista, are two large chemical companies that Greenpeace was campaigning against for their emissions of dioxin and other pollutants. And Dow had these public relations companies — these two companies did — that went to this firm, this former Secret Service, FBI, NSA people, who in turn pilfered Greenpeace documents, intruded on Greenpeace property, surveilled individuals, intercepted electronic communications, and it went on and on.

And after this company fell apart, the former owner, who was left holding the bag, called a reporter, Jim Ridgeway, who published a story in Mother Jones in April of 2008, revealing some of these activities. When we read that, we launched an investigation. We collected as much evidence as we can, and we filed suit here in the District of Columbia on Monday. People can find the complaint at spygate.org, spygate.org, as well as a fraction of the supporting evidence. I mean, we have seen essentially a company that will — and the charges are laid out in the case — trespass, intrusion and RICO, which is, you know, conspiring to create an enterprise to commit illegal acts and the sharing of information among all these parties. And, you know, we’re going to take this issue to court, because we feel we have a very strong case against all these entities.

AMY GOODMAN: Talk about how it all happened. I mean, this is massive, and it goes well beyond Greenpeace, when you look at these companies infiltrating your organization. Give examples for us.

CHARLIE CRAY: Well, BBI, the defunct private investigation firm, hired subcontractors, including off-duty police officers, who went through Greenpeace’s trash to find useful documents on a regular basis over two years. They did this almost twice a week on average. They also used subcontractors who had colleagues who attempted to infiltrate Greenpeace as volunteers. They cased the Greenpeace office, looking for we don’t know what, but probably doing advance scouting for people who would then intrude upon the property. We found a list of door codes. We found a folder that said “wiretap info,” which was empty. We know this company has subtracted with a company called NetSafe, which is a company that was made of former NSA officials skilled in computer hacking and things like that. So, we really don’t know the full extent of this, but what we’ve seen is incredibly shocking. And our goal is to bring this out into the light of day and to stop it if it’s still going on.

JUAN GONZALEZ: Now, in some cases, they actually — in one case that was reported, they actually used a Washington, D.C. police officer to assist them in this, and they were gathering credit card information, Social Security numbers of Greenpeace employees, as well?

CHARLIE CRAY: We found that — we found that information. We found campaign plans. We found media plans, lists of media. You can imagine what a company like Dow can do with that kind of information, preempting Greenpeace strategies and so forth. And it wasn’t just Dow. There were dozens of companies that were clients of both these PR firms and the investigative firm.

AMY GOODMAN: Charlie Cray, we want to thank you for being with us. And as Jim Ridgeway reported — and he’s the one who exposed GM spying on Ralph Nader decades ago, that was exposed in Congress, and there was a big settlement for Ralph Nader — he also reported spying targeted Friends of the Earth, GE Food Alert, the Center for Food Security, Fenton Communications. Charlie, thanks for being with us. Greenpeace is his organization. We’ll be covering Greenpeace and many other organizations from around the world as we broadcast from Cancún, Mexico, all next week at the U.N. global warming summit.

The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

Friday, December 3, 2010

Find this story at 3 December 2010

Greenwald’s Interpretation of BOUNDLESSINFORMANT NSA Documents Is Oftentimes Wrong

For those of us who know something about the National Security Agency (NSA) and who have at the same time been closely following the drip-drop page-at-a-time disclosures of NSA documents by Glenn Greenwald and Laura Poitras, this has been an enormously frustrating time. Many of the recent headlines in the newspapers, especially in Europe, promise much, but when you do a tear-down analysis of the contents there is very little of substance there that we did not already know. Last week’s expose by the Dutch newspaper NRC Handelsblad was just such an example, where with one single example everything that the newspaper claimed was brand new had (in fact) been published 17 years earlier by Dutch historian Dr. Cees Wiebes. Ah, what we do to sell newspapers.

There should also be tighter fact-checking by the newspapers of their interpretation of the information that they are being spoon-fed before they rush to print.

For instance, over the past month or so we have been fed once-a-week articles from newspapers France, Germany, Spain, Norway and now the Netherlands (does anyone see a pattern here) all based on a single NSA document from the agency’s BOUNDLESSINFORMANT database of metadata intercepts for a 30-day period from December 2012 to January 2013. The newspaper headlines all have claimed that the BOUNDLESSINFORMANT revealed that NSA was intercepting the telephone and internet communications of these countries. But an analysis of the SIGINT Activity Designators (SIGADs) listed in these documents reveals that NSA was not intercepting these communications, but rather the host nation intelligence services – to whit the BND in Germany, DGSE in France, the FE in Norway and the MIVD in the Netherlands. These agencies have secretly been proving this metadata material to NSA, although it is not known for how long.

There are other factual problems with the interpretation that has been placed on these documents. It really would be nice if the individuals using these materials do a little research into NSA operational procedures before leaping to conclusions lest they be further embarrassed in the future by mistakes such as this.

I am not the only person who has noted some of these glaring mistakes being made by the authors of the recent newspaper articles based on the BOUNDLESSINFORMANT document. Here is an insightful study done by a Dutch analyst who has been closely following the materials being leaked:

Screenshots from BOUNDLESSINFORMANT can be misleading

electrospaces.blogspot.nl

November 23, 2013

Over the last months, a number of European newspapers published screenshots from an NSA tool codenamed BOUNDLESSINFORMANT, which were said to show the number of data that NSA collected from those countries.

Most recently, a dispute about the numbers mentioned in a screenshot about Norway urged Snowden-journalist Glenn Greenwald to publish a similar screenshot about Afghanistan. But as this article will show, Greenwald’s interpretation of the latter was wrong, which also raises new questions about how to make sense out of the screenshots about other countries.

Norway vs Afghanistan

On November 19, the website of the Norwegian tabloid Dagbladet published a BOUNDLESSINFORMANT screenshot which, according to the paper, showed that NSA apparently monitored 33 million Norwegian phone calls (although actually, the NSA tool only presents metadata).

The report by Dagbladet was almost immediatly corrected by the Norwegian military intelligence agency Etteretningstjenesten (or E-tjenesten), which said that they collected the data “to support Norwegian military operations in conflict areas abroad, or connected to the fight against terrorism, also abroad” and that “this was not data collection from Norway against Norway, but Norwegian data collection that is shared with the Americans”.

Earlier, a very similar explanation was given about the data from France, Spain and Germany. They too were said to be collected by French, Spanish and German intelligence agencies outside their borders, like in war zones, and then shared with NSA. Director Alexander added that these data were from a system that contained phone records collected by the US and NATO countries “in defense of our countries and in support of military operations”.

Glenn Greenwald strongly contradicted this explanation in an article written for Dagbladet on November 22. In trying to prove his argument, he also released a screenshot from BOUNDLESSINFORMANT about Afghanistan (shown down below) and explained it as follows:
“What it shows is that the NSA collects on average of 1.2-1.5 million calls per day from that country: a small subset of the total collected by the NSA for Spain (4 million/day) and Norway (1.2 million).

Clearly, the NSA counts the communications it collects from Afghanistan in the slide labeled «Afghanistan» — not the slides labeled «Spain» or «Norway». Moreover, it is impossible that the slide labeled «Spain» and the slide labeled «Norway» only show communications collected from Afghanistan because the total collected from Afghanistan is so much less than the total collected from Spain and Norway.”

Global overview

But Greenwald apparently forgot some documents he released earlier:

Last September, the Indian paper The Hindu published three less known versions of the BOUNDLESSINFORMANT global overview page, showing the total amounts of data sorted in three different ways: Aggregate, DNI and DNR. Each results in a slightly different top 5 of countries, which is also reflected in the colors of the heat map.

In the overall (aggregated) counting, Afghanistan is in the second place, with a total amount of over 2 billion internet records (DNI) and almost 22 billion telephony records (DNR) counted:

The screenshot about Afghanistan published by Greenwald only shows information about some 35 million telephony (DNR) records, collected by a facility only known by its SIGAD US-962A5 and processed or analysed by DRTBox. This number is just a tiny fraction of the billions of data from both internet and telephone communications from Afghanistan as listed in the global overview.

Differences

With these big differences, it’s clear that this screenshot about Afghanistan is not showing all data which NSA collected from that country, not even all telephony data. The most likely option is that it only shows metadata from telephone communications intercepted by the facility designated US-962A5.

That fits the fact that this SIGAD denotes a sub- or even sub-sub-facility of US-962, which means there are more locations under this collection program. Afghanistan is undoubtedly being monitored by numerous SIGINT collection stations and facilities, so seeing only one SIGAD in this screenshot proves that it can never show the whole collection from that country.

This makes that Greenwald’s argument against the data being collected abroad is not valid anymore (although there maybe other arguments against it). Glenn Greenwald was asked via Twitter to comment on the findings of this article, but there was no reaction.

More questions

The new insight about the Afghanistan data means that the interpretation of the screenshots about other countries can be wrong too. Especially those showing only one collection facility, like France, Spain and Norway (and maybe also Italy and The Netherlands), might not be showing information about that specific country, but maybe only about the specific intercept location.

This also leads to other questions, like: are this really screenshots (why is there no classification marking)? Are they part of other documents or did Snowden himself made them? And how did he make the selection: by country, by facility, or otherwise?

There are many questions about NSA capabilities and operations which Snowden cannot answer, but he can answer how exactly he got to these documents and what their proper context is. Maybe Glenn Greenwald also knows more about this, and if so, it’s about time to tell that part of the story too.

Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror (January 2012) and The Secret Sentry, the definitive history of the National Security Agency. He is a leading intelligence historian and expert on the NSA, and a regular commentator on intelligence matters for the New York Times, the Financial Times, the National Journal, the Associated Press, CBS News, National Public Radio (NPR) and many others. He lives in Washington, DC.

November 24, 2013

Find this story at 24 November 2013

NRC over NSA

Een van de elementen op de kaart van de NRC van zaterdag zijn de rode stippen die de vestigingen van SCS aangeven. Dat bestand is hetzelfde als dat van de kaart in Spiegel, waarvan een ongecensureerde versie  beschikbaar is bij Cryptome.

Die kaart is uit augustus 2010. Als je de kaarten naast elkaar legt kom je een eind bij het vaststellen welke plaatsen NRC zwart heeft gemaakt. Wat betreft Europa kom je dan bijv. op het rijtje Bakoe, Kiev, Madrid , Moskou en
Tblisi.

x-keyscore servers op Cryptome

SCS sites op Cryptome

NRC driver 1

Europeans Shared Spy Data With U.S.; Phone Records Collected Were Handed Over to Americans to Help Protect Allied Troops in War Zones

Millions of phone records at the center of a firestorm in Europe over spying by the National Security Agency were secretly supplied to the U.S. by European intelligence services—not collected by the NSA, upending a furor that cast a pall over trans-Atlantic relations.

Widespread electronic spying that ignited a political firestorm in Europe was conducted by French and European intelligence services and not by the National Security Agency, as was widely reported in recent days. Adam Entous reports on the News Hub. Photo: AP.

The revelations suggest a greater level of European involvement in global surveillance, in conjunction at times with the NSA. The disclosures also put European leaders who loudly protested reports of the NSA’s spying in a difficult spot, showing how their spy agencies aided the Americans.

The phone records collected by the Europeans—in war zones and other areas outside their borders—were shared with the NSA as part of efforts to help protect American and allied troops and civilians, U.S. officials said.

European leaders remain chagrined over revelations that the U.S. was spying on dozens of world leaders, including close allies in Europe. The new disclosures were separate from those programs.

But they nevertheless underline the complexities of intelligence relationships, and how the U.S. and its allies cooperate in some ways and compete in others.
More
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Senate to Review All U.S. Spying
Spying Revelations Add Hurdle to U.S.-EU Trade Talks
Germany Warns of Repercussions from U.S. Spying
Obama Unaware as NSA Spied on World Leaders

“That the evil NSA and the wicked U.S. were the only ones engaged in this gross violation of international norms—that was the fairy tale,” said James Lewis, a former State Department official, now a technology-policy specialist at the Center for Strategic and International Studies. “It was never true. The U.S’s behavior wasn’t outside the norm. It is the norm.”

Consecutive reports in French, Spanish and Italian newspapers over the past week sparked a frenzy of finger-pointing by European politicians. The reports were based on documents leaked by former NSA contractor Edward Snowden and purportedly showed the extent to which the NSA sweeps up phone records in those countries.

France’s Le Monde said the documents showed that more than 70 million French phone records between early December 2012 and early January 2013 were collected by the NSA, prompting Paris to lodge a protest with the U.S. In Spain, El Mundo reported that it had seen NSA documents that showed the U.S. spy agency had intercepted 60.5 million Spanish phone calls during the same time period.

U.S. officials initially responded to the reports by branding them as inaccurate, without specifying how. On Tuesday, The Wall Street Journal reported that the data cited by the European news reports wasn’t collected by the NSA, but by its European partners.

U.S. officials said the data was provided to the NSA under long-standing intelligence sharing arrangements.

In a congressional hearing Tuesday, the National Security Agency director, Gen. Keith Alexander, confirmed the broad outlines of the Journal report, saying that the specific documents released by Mr. Snowden didn’t represent data collected by the NSA or any other U.S. agency and didn’t include records from calls within those countries.
Phone Trouble

Politicians have reacted to recent disclosures about U.S. surveillance programs based on leaks from former National Security Agency contractor Edward Snowden.
View Graphics

He said the data—displayed in computer-screen shots—were instead from a system that contained phone records collected by the U.S. and North Atlantic Treaty Organization countries “in defense of our countries and in support of military operations.”

He said the conclusion that the U.S. collected the data “is false. And it’s false that it was collected on European citizens. It was neither.”

The U.S. until now had been silent about the role of European partners in these collection efforts so as to protect the relationships.

French officials declined to comment.

A Spanish official said that Spain’s intelligence collaboration with the NSA has been limited to theaters of operations in Mali, Afghanistan and certain international operations against jihadist groups. The so-called metadata published in El Mundo was gathered during these operations, not in Spain.

The Italian Embassy in Washington didn’t immediately respond to a request for comment.

The revelations that the phone data were collected by European intelligence services rather than NSA could spark a backlash against the same politicians who had been pointing their fingers at the U.S.—although that response could be tempered by assurances that the data were collected abroad and not domestically.

A U.S. analysis of the document published by Le Monde concluded the phone records the French had collected were actually from outside of France, then were shared with the U.S. The data don’t show that the French spied on their own people inside France.

U.S. intelligence officials said they hadn’t seen the documents cited by El Mundo, but that the data appear to come from similar information the NSA obtained from Spanish intelligence agencies documenting their collection efforts abroad.

At Tuesday’s House Intelligence Committee hearing, lawmakers also pressed Gen. Alexander and the Director of National Intelligence James Clapper on the NSA’s tapping of world leaders’ phone conversations, including German Chancellor Angela Merkel.

Asked whether U.S. allies spy on the U.S., Mr. Clapper said, “Absolutely.”

Rep. Adam Schiff (D., Calif.) asked why Congress hadn’t been informed when U.S. spies tapped a world leader’s telephone. Mr. Clapper said Congress isn’t told about each and every “selector,” the intelligence term for a phone number or other information that would identify an espionage target.

“Not all selectors are equal,” Mr. Schiff responded, especially “when the selector is the chancellor of an allied nation.”

The Wall Street Journal reported Monday that President Barack Obama didn’t know about NSA’s tapping of Ms. Merkel’s phone—which stretched back as far as 2002—until a review this summer turned it up.

Mr. Clapper said that intelligence agencies follow the priorities set by the president and key departments, but they don’t necessarily provide top officials with details on how each requirement is being fulfilled.

The White House does, however, see the final product, he said.

Reporting to policy makers on the “plans and intentions” of world leaders is a standard request to intelligence agencies like the NSA, Mr. Clapper said. The best way to understand a foreign leader’s intentions, he said, is to obtain that person’s communications.

Privately, some intelligence officials disputed claims that the president and top White House officials were unaware of how such information is obtained.

“If there’s an intelligence report that says the leader of this country is likely to say X or Y, where do you think that comes from?” the official said.

The House Intelligence Committee chairman, Rep. Mike Rogers (R., Mich.) remained a staunch defender of the NSA’s operations.

“I am a little concerned about where we are—that we’ve decided that we’re going to name our intelligence services at the earliest opportunity as the bad guys in the process of trying to collect information lawfully and legally, with the most oversight that I’ve ever seen,” he said. “We’re the only intelligence service in the world that is forced to go to a court before they even collect on foreign intelligence operations, which is shocking to me.”

—Christopher Bjork in Madrid and Stacy Meichtry in Paris contributed to this article.

By Adam Entous and Siobhan Gorman connect
Updated Oct. 29, 2013 7:31 p.m. ET

Find this story at 29 October 2013

©2013 Dow Jones & Company, Inc.

Europe shared spy data with US; Europe spy services ‘shared phone data’

The NSA says European spy services shared phone data with it, and reports alleging otherwise are ‘false’.

MILLIONS of phone records at the centre of a firestorm in Europe over spying by the National Security Agency were secretly supplied to the US by European intelligence services – not collected by the NSA, upending a furore that cast a pall over trans-Atlantic relations.

The revelations suggest a greater level of European involvement in global surveillance, in conjunction at times with the NSA. The disclosures also put European leaders who loudly protested reports of the NSA’s spying in a difficult spot, showing how their spy agencies aided the Americans.

The phone records collected by the Europeans – in war zones and other areas outside their borders – were shared with the NSA as part of efforts to help protect American and allied troops and civilians, US officials said.

European leaders remain chagrined over revelations that the US was spying on dozens of world leaders, including close allies in Europe.

The new disclosures were separate from those programs, but they underline the complexities of intelligence relationships, and how the US and its allies co-operate in some ways and compete in others.

“That the evil NSA and the wicked US were the only ones engaged in this gross violation of international norms -that was the fairy tale,” said James Lewis, a former State Department official, now a technology-policy specialist at the Centre for Strategic and International Studies.

“It was never true. The US’s behaviour wasn’t outside the norm. It is the norm.”

Consecutive reports in French, Spanish and Italian newspapers over the past week sparked a frenzy of finger-pointing by European politicians. The reports were based on documents leaked by former NSA contractor Edward Snowden and purportedly showed the extent to which the NSA sweeps up phone records in those countries.

France’s Le Monde said the documents showed that more than 70 million French phone records between early December last year and early January this year were collected by the NSA, prompting Paris to lodge a protest with the US. In Spain, El Mundo reported that it had seen NSA documents that showed the US spy agency had intercepted 60.5 million Spanish phone calls during the same time period.

US officials initially responded to the reports by branding them as inaccurate, without specifying how. Late yesterday, The Wall Street Journal reported that the data cited by the European news reports wasn’t collected by the NSA but by its European partners.

US officials said the data was provided to the NSA under long-standing intelligence sharing arrangements.

Hours later, in a congressional hearing, the National Security Agency director, General Keith Alexander, confirmed the broad outlines of the Journal report, saying the specific documents released by Mr Snowden didn’t represent data collected by the NSA or any other US agency and didn’t include records from calls within those countries.

He said the data, displayed in computer-screen shots, was instead from a system that contained phone records collected by the US and NATO countries “in defence of our countries and in support of military operations”.

He said conclusions the US collected the data were “false. And it’s false that it was collected on European citizens. It was neither.”

The US until now had been silent about the role of European partners in these collection efforts to protect the relationships. French officials declined to comment.

A Spanish official said Spain’s intelligence collaboration with the NSA has been limited to theatres of operations in Afghanistan, Mali and international operations against jihadist groups. The data published in El Mundo was gathered during these operations, not in Spain.

At yesterday’s house intelligence committee hearing, politicians pressed General Alexander and Director of National Intelligence James Clapper on the NSA’s tapping of world leaders’ phone conversations, including the German Chancellor, Angela Merkel.

Asked whether US allies spy on the US, Mr Clapper said: “Absolutely.”

Democrat congressman Adam Schiff asked why congress had not been informed when US spies tapped a world leader’s telephone.

Mr Clapper said congress wasn’t told about each and every “selector”, the intelligence term for a phone number or other information that would identify an espionage target.

“Not all selectors are equal,” Mr Schiff responded, especially “when the selector is the chancellor of an allied nation.”

Mr Clapper said intelligence agencies followed the priorities set by the President and key departments, but did not necessarily provide top officials with details on how each requirement was being fulfilled.

The White House did, however, see the final product, he said.

Reporting to policymakers on the “plans and intentions” of world leaders was a standard request to intelligence agencies such as the NSA, Mr Clapper said, and the best way to understand a foreign leader’s intentions was to obtain their communications.

Privately, some intelligence officials disputed claims that the President and top White House officials were unaware of how such information was obtained.

“If there’s an intelligence report that says the leader of this country is likely to say X or Y, where do you think that comes from?” the official said

Adam Entous and Siobhan Gorman
The Wall Street Journal
October 31, 2013 12:00AM

Find this story at 31 October 2013

© www.theaustralian.com.au

NSA spy row: France and Spain ‘shared phone data’ with US

Spain and France’s intelligence agencies carried out collection of phone records and shared them with NSA, agency says

European intelligence agencies and not American spies were responsible for the mass collection of phone records which sparked outrage in France and Spain, the US has claimed.

General Keith Alexander, the head of the National Security Agency, said reports that the US had collected millions of Spanish and French phone records were “absolutely false”.

“To be perfectly clear, this is not information that we collected on European citizens,” Gen Alexander said when asked about the reports, which were based on classified documents leaked by Edward Snowden, the former NSA contractor.

Shortly before the NSA chief appeared before a Congressional committee, US officials briefed the Wall Street Journal that in fact Spain and France’s own intelligence agencies had carried out the surveillance and then shared their findings with the NSA.

The anonymous officials claimed that the monitored calls were not even made within Spanish and French borders and could be surveillance carried on outside of Europe.
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In an aggressive rebuttal of the reports in the French paper Le Monde and the Spanish El Mundo, Gen Alexander said “they and the person who stole the classified data [Mr Snowden] do not understand what they were looking at” when they published slides from an NSA document.

The US push back came as President Barack Obama was said to be on the verge of ordering a halt to spying on the heads of allied governments.

The White House said it was looking at all US spy activities in the wake of leaks by Mr Snowden but was putting a “special emphasis on whether we have the appropriate posture when it comes to heads of state”.

Mr Obama was reported to have already halted eavesdropping at UN’s headquarters in New York.

German officials said that while the White House’s public statements had become more conciliatory there remained deep wariness and that little progress had been made behind closed doors in formalising an American commitment to curb spying.

“An agreement that you feel might be broken at any time is not worth very much,” one diplomat told The Telegraph.

“We need to re-establish trust and then come to some kind of understanding comparable to the [no spy agreement] the US has with other English speaking countries.”

Despite the relatively close US-German relations, the White House is reluctant to be drawn into any formal agreement and especially resistant to demands that a no-spy deal be expanded to cover all 28 EU member states.

Viviane Reding, vice-president of the European Commission and EU justice commissioner, warned that the spying row could spill over and damage talks on a free-trade agreement between the EU and US.

“Friends and partners do not spy on each other,” she said in a speech in Washington. “For ambitious and complex negotiations to succeed there needs to be trust among the negotiating partners. It is urgent and essential that our US partners take clear action to rebuild trust.”

A spokesman for the US trade negotiators said it would be “unfortunate to let these issues – however important – distract us” from reaching a deal vital to freeing up transatlantic trade worth $3.3 billion dollars (£2bn) a day.

James Clapper, America’s top national intelligence, told a Congressional hearing yesterday the US does not “spy indiscriminately on the citizens of any country”.

“We do not spy on anyone except for valid foreign intelligence purposes, and we only work within the law,” Mr Clapper said. “To be sure on occasions we’ve made mistakes, some quite significant, but these are usually caused by human error or technical problems.”

Pressure from European leaders was added to as some of the US intelligence community’s key Congressional allies balked at the scale of surveillance on friendly governments.

Dianne Feinstein, the chair of powerful Senate intelligence committee, said she was “totally opposed” to tapping allied leaders and called for a wide-ranging Senate review of the activities of US spy agencies.

“I do not believe the United States should be collecting phone calls or emails of friendly presidents and prime ministers,” she said.

John Boehner, the Republican speaker of the house and a traditional hawk on national security, said US spy policy was “imbalanced” and backed calls for a review.

Mr Boehner has previously been a staunch advocate of the NSA and faced down a July rebellion by libertarian Republicans who tried to pass a law significantly curbing the agency’s power.

By Raf Sanchez, Peter Foster in Washington

8:35PM GMT 29 Oct 2013

Find this story at 29 October 2013

© Copyright of Telegraph Media Group Limited 2013

‘We didn’t spy on the Europeans, their OWN governments did’, says NSA (but still no apology for tapping German chancellor Merkel’s phone)

Gen. Keith Alexander, the National Security Agency director, says foreign governments spied on their own people and shared data with the U.S.
The NSA had been accused of snooping on 130.5 million phone calls in France and Spain, and keeping computerized records
Sen. Dianne Feinstein said newspapers in Europe ‘got it all wrong’

Alexander’s denial will fall heavily on the fugitive leaker Edward Snowden and his journalist cohorts, whom the NSA chief said ‘did not understand what they were looking at’
The National Security Agency’s director flatly denied as ‘completely false’ claims that U.S. intelligence agencies monitored tens of millions of phone calls in France and Spain during a month-long period beginning in late 2012.

Gen. Keith Alexander contradicted the news reports that said his NSA had collected data about the calls and stored it as part of a wide-ranging surveillance program, saying that the journalists who wrote them misinterpreted documents stolen by the fugitive leaker Edward Snowden.

And a key Democratic senator added that European papers that leveled the allegations ‘got it all wrong’ with respect to at least two countries – saying that it was those nations’ intelligence services that collected the data and shared it with their U.S. counterparts as part of the global war on terror.

Protests: (Left to right) NSA Deputy Director Chris Inglis, NSA Director General Keith Alexander and DNI James Clapper look on as a protestor disrupts the Capitol Hill hearing

National Security Agency Director Gen. Keith Alexander testified Tuesday that the governments of France and Spain conducted surveillance on their own citizens’ phone conversations, and then shared the intelligence data with the U.S.

On Monday newspapers in three countries published computer-screen images, reportedly provided by Snowden, showing what appeared to be data hoovered up by the United States from European citizens’ phone calls.

But Alexander testified in a House Intelligence Committee hearing that ’those screenshots that show – or lead people to believe – that we, the NSA, or the U.S., collect that information is false.’

‘The assertions by reporters in France, Spain and Italy that NSA collected tens of millions of phone calls are completely false,’ Alexander said.

According to the French newspaper Le Monde and the Spanish daily El Mundo, the NSA had collected the records of at least 70 million phone calls in France and another 60.5 million in Spain between December and January.

Italy’s L’Espresso magazine also alleged, with help from Snowden, that the U.S. was engaged in persistent monitoring of Italy’s telecommunications networks.

General Alexander denied it all.

‘To be perfectly clear, this is not information that we collected on European citizens. It represents information that we and our NATO allies have collected in defense of our countries and in support of military operations.’

Reporters, he added, ‘cite as evidence screen shots of the results of a web tool used for data management purposes, but both they and the person who stole the classified data did not understand what they were looking at.’

President Barack Obama said he is instituting a complete review of U.S. intelligence procedures in the wake of stinging allegations that the NSA has been peeping on foreign leaders through their phones and email accounts

California Democratic Sen. Dianne Feinstein, who chairs the Senate Intelligence Committee, said Tuesday that ’the papers got it all wrong on the two programs, France and Germany.’

‘This was not the United States collecting on France and Germany. This was France and Germany collecting. And it had nothing to do with their citizens, it had to do with collecting in NATO areas of war, like Afghanistan.’

Feinstein on Monday called for a complete review of all the U.S. intelligence community’s spying programs, saying that ‘Congress needs to know exactly what our intelligence community is doing.’

In the weekend’s other intelligence bombshell, the U.S. stood accused of snooping on German Chancellor Angela Merkel’s cell phone and spying on Mexican President Felipe Calderon’s private emails.

But Director of National Intelligence James Clapper told the committee that spying on foreign leaders is nothing new.

‘That’s a hardy perennial,’ he said, ‘and as long as I’ve been in the intelligence business, 50 years, leadership intentions, in whatever form that’s expressed, is kind of a basic tenet of what we are to collect and analyze.’

‘It’s one of the first things I learned in intel school in 1963,’ he assured the members of Congress, saying that the U.S. routinely spies on foreign leaders to ascertain their intentions, ‘no matter what level you’re talking about. That can be military leaders as well.’

Clapper hinted that committee members had been briefed on such programs, saying that in cases where the NSA is surveilling foreign leaders, ’that should be reported to the committee … in considerable detail’ as a ‘significant’ intelligence activity over which Congress has oversight.’

He added that ‘we do only what the policymakers, writ large, have actually asked us to do.’

Republican committee chair Mike Rogers of Michigan began the hearing by acknowledging that ‘every nation collects foreign intelligence’ and ’that is not unique to the United States’.

Clapper pleaded with the panel to think carefully before restricting the government’s ability to collect foreign intelligence, warning that they would be ‘incurring greater risks’ from overseas adversaries.

Gen. Alexander dispensed with his prepared statement and spoke ‘from the heart,’ saying that his agency would rather ’take the beatings’ from reporters and the public ’than … give up a program’ that would prevent a future attack on the nation.

The Wall Street Journal reported Tuesday afternoon that other U.S. officials had confirmed Alexander’s version of events, and that the electronic spying in France and Spain was carried out by those nations’ governments.

The resulting phone records, they said, were then shared with the NSA as part of a program aimed at keeping U.S. military personnel and civilians safe in areas of military conflict.

None of the nations involved would speak to the Journal about their own level of involvement in a scandal that initially touched only the U.S., but which now promises to embroil intelligence services on a global scale.

By David Martosko, U.s. Political Editor

PUBLISHED: 21:45 GMT, 29 October 2013 | UPDATED: 10:59 GMT, 30 October 2013

Find this story at 29 October 2013

© Associated Newspapers Ltd

 

NSA Powerpoint Slides on BOUNDLESSINFORMANT

These 4 slides are from the powerpoint “BOUNDLESSINFORMANT: Describing Mission Capabilities from Metadata Records.” They include the cover page and pages 3, 5, and 6 of the presentation. The powerpoint, leaked to the Guardian newspaper’s Glenn Greenwald by Edward Snowden, was first released by the Guardian newspaper on June 8, 2013 at this web page: http://www.guardian.co.uk/world/interactive/2013/jun/08/nsa-boundless-informant-data-mining-slides

Also included with this collection is a “heat map” of parts of the world most subject to surveillance by Boundless Informant. This image was embedded in the Guardian’s story, which described Boundless Informant as “the NSA’s secret tool to track global surveillance data,” which collected “almost 3 billion pieces of intelligence from US computer networks over a 30-day period ending in March 2013.” http://www.theguardian.com/world/2013/jun/08/nsa-boundless-informant-global-datamining

UNCLASSIFIED//FOR OFFICIAL USE ONLY
BOUNDLESSINFORMANT – Frequently Asked Questions
09-06-2012

 

(U/FOUO) Questions

 

1) What is BOUNDLESSINFORMANT! What is its purpose?

2) Who are the intended users of the tool?

3) What are the different views?

4) Where do you get your data?

5) Do you have all the data? What data is missing?

6) Why are you showing metadata record counts versus content?

7) Do you distinguish between sustained collect and survey collect?

8) What is the technical architecture for the tool?

9) What are some upcoming features/enhancements?

1 0) How are new features or views requested and prioritized?

1 1) Why are record counts different from other tools like ASDF and What’s On Cover?

12) Why is the tool NOFORN? Is there a releasable version?

13) How do you compile your record counts for each country?

 

Note: This document is a work-in-progress and will be updated frequently as additional
questions and guidance are provided.

1) (U) What is BOUNDLESSINFORMANT? What is its purpose?

(U//FOUO) BOUNDLESSINFORMANT is a GAO prototype tool for a self-documenting SIGINT
system. The purpose of the tool is to fundamentally shift the manner in which GAO describes its
collection posture. BOUNDLESSINFORMANT provides the ability to dynamically describe GAO’s
collection capabilities (through metadata record counts) with no human intervention and graphically
display the information in a map view, bar chart, or simple table. Prior to

BOUNDLESSINFORMANT, the method for understanding the collection capabilities of GAO’s
assets involved ad hoc surveying of repositories, sites, developers, and/or programs and offices. By
extracting information from every DNI and DNR metadata record, the tool is able to create a near real-
time snapshot of GAO’s collection capability at any given moment. The tool allows users to select a
country on a map and view the metadata volume and select details about the collection against that
country. The tool also allows users to view high level metrics by organization and then drill down to a
more actionable level – down to the program and cover term.

Sample Use Cases

• (U//FOUO) How many records are collected for an organizational unit (e.g. FORNSAT)?

• (U//FOUO) How many records (and what type) are collected against a particular country?

• (U//FOUO) Are there any visible trends for the collection?

• (U//FOUO) What assets collect against a specific country? What type of collection?

• (U//FOUO) What is the field of view for a specific site? What countriees does it collect
against? What type of collection?

2) (U) Who are the intended users of the tool?

• (U//FOUO) Mission and collection managers seeking to understand output characteristics
of a site based on what is being ingested into downstream repositories. .

(U//FOUO) Strategic Managers seeking to understand top level metrics at the

 

organization/office level or seeking to answer data calls on NSA collection capability.

BOUNDLESSINFORMANT – FAQ Page 1 o:

UNCLASSIFIED//FOR OFFICIAL USE ONLY

 

UNCLASSIFIED//FOR OFFICIAL USE ONLY

BOUNDLESSINFORMANT – Frequently Asked Questions

09-06-2012

• (U//FOUO) Analysts looking for additional sites to task for coverage of a particular

technology within a specific country.

3) What are the different views?

(U//FOUO) Map View – The Map View is designed to allow users to view overall DNI, DNR, or
aggregated collection posture of the agency or a site. Clicking on a country will show the collection
posture (record counts, type of collection, and contributing SIGADs or sites) against that particular
country in addition to providing a graphical display of record count trends. In order to bin the records
into a country, a normalized phone number (DNR) or an administrative region atom (DNI) must be
populated within the record. Clicking on a site (within the Site Specific view) will show the viewshed
for that site – what countries the site collects against.

(U//FOUO) Org View – The Organization View is designed to allow users to view the metadata record
counts by organizational structure (i.e. GAO – SSO – RAM-A – SPINNERET) all the way down to the
cover term. Since it’s not necessary to have a normalized number or administrative region populated,
the numbers in the Org View will be higher than the numbers in the Map View.

(U//FOUO) Similarity View – The Similarity View is currently a placeholder view for an upcoming
feature that will graphically display sites that are similar in nature. This can be used to identify areas
for a de-duplication effort or to inform analysts of additional SIGADs to task for queries (similar to
Amazon’s “if you like this item, you’ll also like these” feature).

 

4) (U) Where do you get your data?

(U//FOUO) BOUNDLESSINFORMANT extracts metadata records from GM-PLACE post-
FALLOUT (DNI ingest processor) and post-TUSKATTIRE (DNR ingest processor). The records are
enriched with organization information (e.g. SSO, FORNSAT) and cover term. Every valid DNI and
DNR metadata record is aggregated to provide a count at the appropriate level. See the different views
question above for additional information.

 

5) (U) Do you have all the data? What data is missing?

• (U//FOUO) The tool resides on GM-PLACE which is only accredited up to TS//SI//NOFORN.
Therefore, the tool does not contain ECI or FISA data.

• (U//FOUO) The Map View only shows counts for records with a valid normalized number
(DNR) or administrative region atom (DNI).

• (U//FOUO) Only metadata records that are sent back to NSA-W through FASCIA or
FALLOUT are counted. Therefore, programs with a distributed data distribution system (e.g.
MUSCULAR and Terrestrial RF) are not currently counted.

• (U//FOUO) Only SIGINT records are currently counted. There are no ELINT or other “INT”
records included.

6) (U) Why are you showing metadata record counts versus content?

(U//FOUO)

7) (U ) Do you distin g uish between sustained collect and survey collect?

(U//FOUO) The tool currently makes no distinction between sustained collect and survey collect. This
feature is on the roadmap.

 

BOUNDLESSINFORMANT – FAQ Page 2 o:

UNCLASSIFIED//FOR OFFICIAL USE ONLY

 

UNCLASSIFIED//FOR OFFICIAL USE ONLY
BOUNDLESSINFORMANT – Frequently Asked Questions
09-06-2012

 

8) What is the technical architecture for the tool?

Click here for a graphical view of the tool’s architecture

(U//FOUO) DNI metadata (ASDF), DNR metadata (FASCIA) delivered to Hadoop
Distributed File System (HDFS) on GM-PLACE

(U//FOUO) Use Java MapReduce job to transform/filter and enrich FASCIA/ASDF data with
business logic to assign organization rules to data

(U//FOUO) Bulk import of DNI/DNR data (serialized Google Protobuf objects) into
Cloudbase (enabled by custom aggregators)

(U//FOUO) Use Java web app (hosted via Tomcat) on MachineShop (formerly Turkey Tower)
to query Cloudbase

(U//FOUO) GUI triggers queries to CloudBase – GXT (ExtGWT)

 

9) What are some upcoming features/enhancements?

• (U//FOUO) Add technology type (e.g. JUGGERNAUT, LOPER) to provide additional
granularity in the numbers

(U//FOUO) Add additional details to the Differential view

(U//FOUO) Refine the Site Specific view

(U//FOUO) Include CASN information

(U//FOUO) Add ability to export data behind any view (pddg,sigad,sysid,casn,tech,count)

(U//FOUO) Add in selected (vs. unselected) data indicators

(U//FOUO) Include filter for sustained versus survey collection

 

10) How are new features or views requested and prioritized?

(U//FOUO) The team uses Flawmill to accept user requests for additional functionality or
enhancements. Users are also allowed to vote on which functionality or enhancements are most
important to them (as well as add comments). The BOUNDLESSINFORMANT team will periodically
review all requests and triage according to level of effort (Easy, Medium, Hard) and mission impact
(High, Medium, Low). The team will review the queue with the project champion and government
steering committee to be added onto the BOUNDLESSINFORMANT roadmap.

1 1) Why are record counts different from other tools like ASDF and What’s On

Cover?

(U//FOUO) There are a number of reasons why record counts may vary. The purpose of the tool is to
provide

 

BOUNDLESSINFORMANT – FAQ

 

Page 3 o:

 

UNCLASSIFIED//FOR OFFICIAL USE ONLY

July 13, 2012

Find this story at  txt

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Find this story at pdf

Order of Battle of the CIA-NSA Special Collection Service (SCS)

The following page from an August 13, 2010 NSA powerpoint presentation on the joint CIA-NSA clandestine SIGINT unit known as the Special Collection Service (SCS) appeared on the Der Spiegel website last week. It has since be replaced by a heavily redacted version of the same page which deletes the locations of all SCS listening posts outside of Europe.

The page shows the locations of all SCS listening posts around the world as of August 2010, of which 74 were active, 3 were listed as being dormant, 14 were unmanned remote controlled stations, three sites were then being surveyed, and two were listed as being “technical support activities.”

In Europe, SCS sites were located at Athens and embassy annex, Baku, Berlin, Budapest, RAF Croughton (UK), Frankfurt, Geneva, Kiev, Madrid, Milan, Moscow and embassy annex, Paris, Prague, Pristina, Rome, Sarajevo, Sofia, Tblisi, Tirana, Vienna and embassy annex, and Zagreb.

In Asia SCS were located at Bangkok and PSA, Beijing, Chengdu, Chiang Mai, Hong Kong, Jakarta, Kuala Lumpur, Manila, Phnom Penh, Rangoon, Shanghai, and Taipei.

In the Middle East and North Africa (MENA) region, SCS sites were located at Abu Dhabi, Algiers, Amman, Amarah, Ankara, Baghdad and embassy annex, Basrah, Beirut, Benghazi, Cairo, Damascus, Istanbul, Jeddah, Khartoum, Kirkuk, Kuwait City, Manama, Mosul, Riyadh, Sana’a, Sulaymaniyah, Talil(?), “Tehran-in-Exile”, and Tripoli.

In South Asia, SCS sites were located at one site illegible, Islamabad, Herat, Kabul and embassy annex, Karachi, Lahore, New Delhi, and Peshawar.

In Africa, SCS sites were located inside the U.S. embassies in Abuja, Addis Ababa, Bamako, Lagos, Nairobi, Monrovia, Kinshasa, Lusaka, and Luanda.

In Central America and the Caribbean, SCS sites were located at Guadalajara, Guatemala City, Havana, Hermosillo, Managua, Mexico City, Monterrey, Panama City, San Jose, and Tegucigalpa.

And in South America, SCS sites were located in Brasilia, Bogota, Caracas, La Paz, Merida and Quito.

Any corrections to the above would be gratefully received.

Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror (January 2012) and The Secret Sentry, the definitive history of the National Security Agency. He is a leading intelligence historian and expert on the NSA, and a regular commentator on intelligence matters for the New York Times, the Financial Times, the National Journal, the Associated Press, CBS News, National Public Radio (NPR) and many others. He lives in Washington, DC.

October 28, 2013

Find this story at 28 October 2013

Der Spiegel pdf 

Der Spiegel unredacted image

The Radome Archipelago (1999)

During the Cold War there were hundreds of secret remote listening posts spread around the globe. From large stations in the moors of Scotland and mountains of Turkey that were complete with golf balllike structures called “radomes” to singly operated stations in the barren wilderness of Saint Lawrence Island between Alaska and Siberia that had only a few antennae, these stations constituted the ground-based portion of the United States Signals Intelligence (SIGINT) System or “USSS.”

Operated by the supersecret National Security Agency (NSA), these stations were designed to intercept Morse Code, telephone, telex, radar, telemetry, and other signals emanating from behind the Iron Curtain. At one time, the NSA contemplated a worldwide, continuously operated array of 4120 intercept stations. While the agency never achieved that goal, it could still boast of several hundred intercept stations. These included its ground-based “outstations,” which were supplemented by other intercept units located on ships, submarines, aircraft (from U-2s to helicopters), unmanned drones, mobile vans, aerostats (balloons and dirigibles), and even large and cumbersome backpacks.

With the collapse of the Communist “bloc” and the advent of microwaves, fiber optics, and cellular phones, NSA’s need for numerous ground-based intercept stations waned. It began to rely on a constellation of sophisticated SIGINT satellites with code names like Vortex, Magnum, Jumpseat, and Trumpet to sweep up the world’s satellite, microwave, cellular, and high-frequency communications and signals. Numerous outstations met with one of three fates: they were shut down completely, remoted to larger facilities called Regional SIGINT Operations Centers or “RSOCs,” or were turned over to host nation SIGINT agencies to be operated jointly with NSA.

However, NSA’s jump to relying primarily on satellites proved premature. In 1993, Somali clan leader Mohammed Farah Aideed taught the agency an important lesson. Aideed’s reliance on older and lower-powered walkie-talkies and radio transmitters made his communications virtually silent to the orbiting SIGINT “birds” of the NSA. Therefore, NSA technicians came to realize there was still a need to get in close in some situations to pick up signals of interest. In NSA’s jargon this is called improving “hearability.”

As NSA outstations were closed or remoted, new and relatively smaller intercept facilities such as the “gateway” facility in Bahrain, reportedly used for retransmit signals intercepted in Baghdad last year to the U.S. sprang up around the world. In addition to providing NSA operators with fresh and exotic duty stations, the new stations reflected an enhanced mission for NSA economic intelligence gathering. Scrapping its old Cold War A and B Group SIGINT organization, NSA expanded the functions of its W Group to include SIGINT operations against a multitude of targets. Another unit, M Group, would handle intercepts from new technologies like the Internet.

Many people who follow the exploits of SIGINT and NSA are eager to peruse lists of secret listening posts operated by the agency and its partners around the world. While a master list probably exists somewhere in the impenetrable lair that is the NSA’s Fort Meade, Maryland, headquarters, it is assuredly stamped with one of the highest security classifications in the U.S. intelligence community.  W.M. & J.V.

The United States SIGINT System (USSS)

The following list is the best unclassified shot at describing the locations of the ground-based “ears” of the Puzzle Palace. It is culled from press accounts, informed experts, and books written about the NSA and its intelligence partners. It does not include the numerous listening units on naval vessels and aircraft nor those operating from U.S. and foreign embassies, consulates, and other diplomatic missions.

United States

NSA Headquarters, Fort Meade, Maryland
Buckley Air National Guard Ground Base, Colorado
Fort Gordon, Georgia (RSOC)
Imperial Beach, California
Kunia, Hawaii (RSOC)
Northwest, Virginia
Sabana Seca, Puerto Rico
San Antonio, Texas (RSOC)
Shemya, Alaska -3
Sugar Grove, West Virginia
Winter Harbor, Maine
Yakima, Washington

Albania

Durres -6
Shkoder -6
Tirana -6

Ascension Island

Two Boats -1

Australia

Bamaga -6 -7
Cabarlah -7
Canberra (Defense Signals Directorate Headquarters) -5
Harman -7
Kojarena, Geraldton -1
Nurunggar -1
Pearce -1
Pine Gap, Alice Springs -1
Riverina -7
Shoal Bay, Darwin -1
Watsonia -1

Austria

Konigswarte -7
Neulengbach -7

Bahrain

Al-Muharraq Airport -3
Bosnia and Herzegovina

Tuzla

Botswana

Mapharangwane Air Base

British Indian Ocean Territory

Diego Garcia -1

Brunei

Bandar Seri Begawan -7

Canada

Alert -7
Gander -7
Leitrim -1
Masset -6 -7
Ottawa [Communications Security Establishment (CSE) Headquarters] -5

China

Korla -1 -6
Qitai -1 -6

Croatia

Brac� Island, Croatia -6
Zagreb-Lucko Airport -7

Cuba

Guantanamo Bay

Cyprus

Ayios Nikolaos -1

Denmark

Aflandshage -7
Almindingen, Bornholm -7
Dueodde, Bornholm -7
Gedser -7
Hj�rring -7
L�gumkl�ster -7

Eritrea

Dahlak Island -1 (NSA/Israel “8200” site)

Estonia

Tallinn -7

Ethiopia

Addis Ababa -1

Finland

Santahamina -7

French Guiana

Kourou -7 (German Federal Intelligence Service station)

Germany

Achern -7
Ahrweiler -7
Bad Aibling -2
Bad M�nstereifel -7
Braunschweig -7
Darmstadt -7
Frankfurt -7
Hof -7
Husum -7
Mainz -7
Monschau -7
Pullach (German Federal Intelligence Service Headquarters) -5
Rheinhausen -7
Stockdorf -7
Strassburg -7
Vogelweh, Germany

Gibraltar

Gibraltar -7

Greece

Ir�klion, Crete

Guam

Finegayan

Hong Kong

British Consulate, Victoria (“The Alamo”) -7

Iceland

Keflavik -3

India

Charbatia -7

Israel

Herzliyya (Unit 8200 Headquarters) -5
Mitzpah Ramon -7
Mount Hermon, Golan Heights -7
Mount Meiron, Golan Heights -7

Italy

San Vito -6
Sorico

Japan

Futenma, Okinawa
Hanza, Okinawa
Higashi Chitose -7
Higashi Nemuro -7
Kofunato -7
Miho -7
Misawa
Nemuro -7
Ohi -7
Rebunto -7
Shiraho -7
Tachiarai -7
Wakkanai

Korea (South)

Kanghwa-do Island -7
Osan -1
Pyong-dong Island -7
P’yongt’aek -1
Taegu -1 -2 -6
Tongduchon -1
Uijo�ngbu -1
Yongsan -1

Kuwait

Kuwait

Latvia

Ventspils -7

Lithuania

Vilnius -7

Netherlands

Amsterdam (Technical Intelligence Analysis Center (TIVC) Headquarters)-5
Emnes -7
Terschelling -7

New Zealand

Tangimoana -7
Waihopai -1
Wellington (Government Communications Security Bureau Headquarters -5

Norway

Borhaug -7
Fauske/Vetan -7
Jessheim -7
Kirkenes -1
Randaberg -7
Skage/Namdalen -7
Vads� -7
Vard� -7
Viksjofellet -7

Oman

Abut -1
Goat Island, Musandam Peninsula -3
Khasab, Musandam Peninsula -3
Masirah Island -3

Pakistan

Parachinar

Panama

Galeta Island -3

Papua New Guinea

Port Moresby -7

Portugal

Terceira Island, Azores

Rwanda

Kigali

S�o Tom� and Pr�ncipe

Pinheiro

Saudi Arabia

Araz -7
Khafji -7

Singapore

Kranji -7

Spain

Pico de las Nieves, Grand Canary Island -7
Manzanares -7
Playa de Pals -3
Rota

Solomon Islands

Honiara -7

Sri Lanka

Iranawilla

Sweden

Karlskrona -7
Lov�n (Swedish FRA Headquarters) -7
Musk� -7

Switzerland

Merishausen -7
R�thi -7

Taiwan:

Quemoy -7
Matsu -7
Shu Lin Kuo -5 (German Federal Intelligence Service/NSA/Taiwan J-3 SIGINT service site)

Turkey

Adana
Agri -7
Antalya -7
Diyarbakir
Edirne -7
Istanbul -7
Izmir -7
Kars
Sinop -7

Thailand

Aranyaprathet -7
Khon Kaen -1 -3
Surin -7
Trat -7

Uganda

Kabale
Galangala Island, Ssese Islands (Lake Victoria)

United Arab Emirates

Az-Zarqa� -3
Dalma� -3
Ras al-Khaimah -3
Sir Abu Nuayr Island -3

United Kingdom:

Belfast (Victoria Square) -7
Brora, Scotland -7
Cheltenham (Government Communications Headquarters) -5
Chicksands -7
Culm Head -7
Digby -7
Hawklaw, Scotland -7
Irton Moor -7
Menwith Hill, Harrogate -1 (RSOC)
Molesworth -1
Morwenstow -1
Westminster, London -7
(Palmer Street)
Yemen
Socotra Island (planned)

KEY:

-1 Joint facility operated with a SIGINT partner.

-2 Joint facility partially operated with a SIGINT partner.

-3 Contractor-operated facility.

-4 Remoted facility.

-5 NSA liaison is present.

-6 Joint NSA-CIA site.

-7 Foreign-operated “accommodation site” that provides occasional SIGINT product to the USSS.

February 24 – March 2, 1999
by
jason vest and wayne madsen A Most Unusual Collection Agency

Find this story at February March 1999

Copyright 1999 The Village Voice – all rights reserved.

A Most Unusual Collection Agency; How the U.S. undid UNSCOM through its empire of electronic ears (1999)

When Saddam Hussein raised the possibility of attacking U.S. planes in Turkey last week, his threats illustrated what many in diplomatic circles regard as an international disgrace the emasculation of the UN by the U.S.

When UNSCOM, the UN’s arms-inspection group for Iraq, was created in 1991, it drew on personnel who, despite their respective nationalities, would serve the UN. Whatever success UNSCOM achieved, however, was in spite of its multinational makeup. While a devoted group of UN staffers managed to set up an independent unit aimed at finding Saddam’s weapons and ways of concealing them, other countries seeking to do business with sanctions-impaired Iraq notably France and Russia used inspectors as spies for their own ends.

But what ultimately killed UNSCOM were revelations that the U.S. government had manipulated it by assuming control of its intelligence apparatus last spring (or perhaps even earlier by using the group to slip spies into Iraq) not so much to aid UNSCOM’s mission, but to get information for use in future aerial bombardments. When stories to this effect broke last month, however, there was almost no consistency in descriptions of the agencies involved or techniques used. The New York Times, for example, said only one CIA spy had been sent into Baghdad last March to set up an automated eavesdropping device. Time had multiple Defense Intelligence Agency (DIA) operatives planting bugs around Baghdad throughout 1998. The Wall Street Journal referred to the use of one “device” from the National Security Agency (NSA) last year and “a series of espionage operations used by the U.S. [since] 1996 to monitor the communications” of Saddam and his elite.

When probing the world of espionage, rarely does a clear picture emerge. But according to a handful of published sources, as well as assessments by independent experts and interviews with current and former intelligence officers, the U.S. government’s prime mover in Iraqi electronic surveillance was most likely a super-secret organization run jointly by the the CIA and the NSA the spy agency charged with gathering signals intelligence (known as SIGINT) called the Special Collection Service. Further, there is evidence to suggest that the Baghdad operation was an example of the deployment of a highly classified, multinational SIGINT agreement one that may have used Australians to help the U.S. listen in months after the CIA failed to realize the U.S. objective of overthrowing Saddam Hussein through covert action.

According to former UNSCOM chief inspector Scott Ritter, when the U.S. took over the group’s intelligence last year, a caveat was added regarding staffing: only international personnel with U.S. clearances could participate. “This requirement,” says Ritter, “really shows the kind of perversion of mission that went on. The U.S. was in control, but the way it operated from day one was, U.S. runs it, but it had to be a foreigner [with a clearance] operating the equipment.”

Under the still-classified 1948 UKUSA signals intelligence treaty, eavesdropping agencies of the U.S., United Kingdom, Canada, Australia, and New Zealand share the same clearances. According to Federation of American Scientists intelligence analyst John Pike, this gives the U.S. proxies for electronic espionage: “In the context of UKUSA, think of NSA as one office with five branches,” he says. As UNSCOM demonstrates, though, sometimes the partnership gets prickly; the British, according to Ritter, withdrew their personnel following the U.S.’s refusal to explain “how the data was going to be used.” (According to a longtime British intelligence officer, there was another reason: lingering bad feelings over the NSA’s cracking a secret UN code used by British and French peacekeepers during a Bosnian UN mission.) At this point, says Ritter, he was instructed to ask the Australian government for a “collection” specialist. “We deployed him to Baghdad in July of 1998,” recalls Ritter. “In early August, when I went to Baghdad, he pulled me aside and told me he had concerns about what was transpiring.

He said there was a very high volume of data, and that he was getting no feedback about whether it was good, bad, or useful. He said that it was his experience that this was a massive intelligence collection operation one that was not in accordance with what UNSCOM was supposed to be doing.”

In other words, the Australian most likely an officer from the Defence Signals Directorate, Australia’s NSA subsidiary, who was supposed to have been working for the UN may have been effectively spying for the U.S. Stephanie Jones, DSD’s liaison to NSA, did not take kindly to a Voice inquiry about this subject; indeed, despite being reached at a phone number with an NSA headquarters prefix, she would not even confirm her position with DSD. However, a former high-ranking U.S. intelligence official said that such a scenario was probable. “The relationship between the UKUSA partners has always been of enormous value to U.S. intelligence, even when their governments have been on the opposite sides of policy issues,” the official said. “I would not be surprised at all if the Aussies happened to be the ones who actually did this [at U.S. behest].”

With an intelligence community of over a dozen components, billion-dollar budgets, and cutting-edge technology, the U.S. can cast a wide net, be it with human sources or signals interception. Iraq, however, has presented a special challenge since Saddam’s Ba’ath party took power in 1968. “In Iraq,” says Israeli intelligence expert Amatzai Baram, “you are dealing with what is arguably the best insulated security and counterintelligence operation in the world. The ability of Western or even unfriendly Arab states to penetrate the system is very, very limited.”

According to the former Cairo station chief of the Australian Secret Intelligence Service (ASIS), the West got this message loud and clear after Iraqi counterintelligence pulled British MI6 case officers off a Baghdad street in the mid ’80s and took them to a warehouse on the outskirts of town. “They had arrayed before them the various agents they had been running,” the exASIS officer told the Australian Broadcasting Corporation in 1994. “There were wires hanging from the rafters in the warehouse. All the men were strung up by wires around their testicles and they were killed in front of the faces of their foreign operators, and they were told, you had better get out and never come back.”

When UNSCOM was inaugurated in 1991, it quickly became apparent that the organization’s intelligence capability would depend largely on contributions from various UN member countries. According to several intelligence community sources, while the CIA did provide UNSCOM with information, and, later, serious hardware like a U-2 spy plane, the focus of the U.S. intelligence community at the time was on working with anti-Saddam groups in and around Iraq to foment a coup.

What resulted, as investigative authors Andrew and Patrick Cockburn demonstrate in their just published book Out of the Ashes: The Resurrection of Saddam Hussein, were two of the most colossally bungled CIA covert operations since the Bay of Pigs. While details of one of the failed operations were widely reported, the Cockburns fleshed out details of an arguably worse coup attempt gone awry in June 1996. Iraqi counterintelligence had not only managed to finger most of the suspects in advance, but months before had even captured an encrypted mobile satellite communications device that the CIA gave the plotters. Adding insult to injury, the Cockburns report, Iraqi counterintelligence used the CIA’s own device to notify them of their failure: “We have arrested all your people,” the CIA team in Amman, Jordan, reportedly was told via their uplink. “You might as well pack up and go home.”

Some UNSCOM staffers first under Russian Nikita Smidovich, later under American Scott Ritter managed to create what amounted to a formidable micro-espionage unit devoted to fulfilling UNSCOM’s mission. Between information passed on from various countries and use of unspecified but probably limited surveillance equipment, the inspectors were gathering a great deal. But in March 1998, according to Ritter, the U.S. told UNSCOM chair Richard Butler of Australia that it wanted to “coordinate” UNSCOM’s intelligence gathering.

Ritter insists that no U.S. spies under UNSCOM cover could have been operating in Baghdad without his knowledge prior to his resignation in August 1998. However, as veteran spies point out, if they were, Ritter probably wouldn’t have known. A number of sources interviewed by the Voice believe it possible that Special Collection Service personnel may have been operating undercover in Baghdad.

According to a former high-ranking intelligence official, SCS was formed in the late 1970s after competition between the NSA’s embassy-based eavesdroppers and the CIA’s globe-trotting bugging specialists from its Division D had become counterproductive. While sources differ on how SCS works some claim its agents never leave their secret embassy warrens where they perform close-quarters electronic eavesdropping, while others say agents operate embassy-based equipment in addition to performing riskier “black-bag” jobs, or break-ins, for purposes of bugging “there’s a lot of pride taken in what SCS has accomplished,” the former official says.

Intriguingly, the only on-the-record account of the Special Collection Service has been provided not by an American but by a Canadian. Mike Frost, formerly of the Communications Security Establishment Canada’s NSA equivalent served as deputy director of CSE’s SCS counterpart and was trained by the SCS. In a 1994 memoir, Frost describes the complexities of mounting “special collection” operations finding ways to transport sophisticated eavesdropping equipment in diplomatic pouches without arousing suspicion, surreptitiously assembling a device without arousing suspicion in his embassy, technically troubleshooting under less than ideal conditions and also devotes considerable space to describing visits to SCS’s old College Park headquarters.

“It is not the usual sanitorium-clean atmosphere you would expect to find in a top-secret installation,” writes Frost. “Wires everywhere, jerry-rigged gizmos everywhere, computers all over the place, some people buzzing around in three-piece suits, and others in jeans and t-shirts. [It was] the ultimate testing and engineering centre for any espionage equipment.” Perhaps one of its most extraordinary areas was its “live room,” a 30-foot-square area where NSA and CIA devices were put through dry runs, and where engineers simulated the electronic environment of cities where eavesdroppers are deployed. Several years ago, according to sources, SCS relocated to a new, 300-acre, three-building complex disguised as a corporate campus and shielded by a dense forest outside Beltsville, Maryland. Curious visitors to the site will find themselves stopped at a gate by a Department of Defense police officer who, if one lingers, will threaten arrest.

There are good reasons, explains an old NSA hand, for havingelectronic ears on terra firma in addition to satellites. “If you’re listening to something from thousands of miles up, the footprint to sort through is so huge, and finding what you are looking for is not a simple chore. If you know more or less specifically what you want, it’s easier to get it in close proximity. And if it happens to be a low-powered signal, it may not travel far enough.”

According to two sources familiar with intelligence activity in Iraq, the U.S. may have been aided by information delivered either to UNSCOM or SCS from Ericsson, the Swedish telecommunications firm. It’s not an unreasonable assumption; though Ericsson brushes off questions about it, in 1996 a Middle Eastern businessman filed suit against the company, claiming, among other things, that it had stiffed him on his commission for brokering a deal between the Iraqis and Ericsson for sensitive defense communications equipment, which, reportedly, included encrypted cell phones.

Speaking on condition of anonymity, a veteran intelligence official confirmed that the NSA has “arrangements” with other communications firms that allow NSA to access supposedly secure communications, but cooperation from Ericsson would be “a breakthrough despite our best efforts, they always kept their distance. But it’s not beyond the realm of possibility.” (This is not without precedent; though hardly covered in the American press, it has been reported that Switzerland’s Crypto AG long the supplier of cipher equipment to many of the world’s neutral and “rogue” states enjoyed such an “arrangement” with the NSA for decades. Crypto AG denies this.)

There is, however, another possible scenario regarding participation by Ericsson in an intelligence venture. According to FAS analyst Pike, it’s much more likely that anyone doing intelligence work in Iraq would want a schematic of Baghdad’s telephone system which Ericsson installed in the late ’60s and has subsequently updated. “I would find it to be far more plausible that the U.S. intelligence community would be interested in acquiring, and Ericsson would be interested in supplying, the wiring diagram for Baghdad’s telephone exchange than encryption algorithms for cell phones,” he says.

Also, he explains, finding ways to tap into a whole phone system or pull short-range signals out of the air without being obvious is clearly SCS’s portfolio. “This type of risky close surveillance is what SCS was formed to do,” he says. “When you think of NSA, you think satellites. When you think CIA, you think James Bond and microfilm. But you don’t really think of an agency whose sole purpose is to get up real close and use the best technology there is to listen and transmit. That’s SCS.”

Regarding any possible collaboration in Iraq with SCS or UNSCOM, Kathy Egan, Ericsson spokesperson, said she had no information on such an operation, but if there was one, “It would be classified and we would not be able to talk about it.” It’s also possible, according to Mike Frost, that cleverly disguised bugs might have been planted in Baghdad SCS, he recalls, managed to listen in on secured facilities by bugging pigeons. But, says a retired CIA veteran, with UNSCOM effectively dead, bugging is now out of the question. “I hope the take from this op,” he says, “was worth losing the only access the outside world’s disarmament experts had to Iraq.”

February 24 – March 2, 1999
by
jason vest and wayne madsen

Find this story at February March 1999

Copyright 1999 The Village Voice

Undercover soldiers ‘killed unarmed civilians in Belfast’

Soldiers from an undercover unit used by the British army in Northern Ireland killed unarmed civilians, former members have told BBC One’s Panorama.

Speaking publicly for the first time, the ex-members of the Military Reaction Force (MRF), which was disbanded in 1973, said they had been tasked with “hunting down” IRA members in Belfast.

The former soldiers said they believed the unit had saved many lives.

The Ministry of Defence said it had referred the disclosures to police.

The details have emerged a day after Northern Ireland’s attorney general, John Larkin, suggested ending any prosecutions over Troubles-related killings that took place before the signing of the Good Friday Agreement in 1998.

The soldiers appeared on Panorama on condition their identities were disguised

The proposal has been criticised by groups representing relatives of victims.

Panorama has been told the MRF consisted of about 40 men handpicked from across the British army.

Before it was disbanded 40 years ago, after 18 months, plain-clothes soldiers carried out round-the-clock patrols of west Belfast – the heartland of the IRA – in unmarked cars.

Three former members of the unit, who agreed to be interviewed on condition their identities were disguised, said they had posed as Belfast City Council road sweepers, dustmen and even “meths drinkers”, carrying out surveillance from street gutters.

But surveillance was just one part of their work.

One of the soldiers said they had also fired on suspected IRA members.

He described their mission as “to draw out the IRA and to minimise their activities… if they needed shooting, they’d be shot”.
Continue reading the main story
Analysis
John Ware
Reporter, BBC Panorama

For 15 years, Northern Ireland has been divided about how to deal with the legacy of three decades of conflict.

The compromise has been the establishment of the Historical Enquiries Team, a group of former detectives, who are reviewing all deaths in Northern Ireland during the conflict, primarily to answer questions from their relatives.

But now the Northern Ireland attorney general has reignited the vexed issue of whether truth recovery through a virtual amnesty is preferable to prosecution.

John Larkin has called for an end to all prosecutions and inquiries in relation to Troubles-related killings.

The disclosures by Panorama are bound to add to this debate.

The closest former MRF soldiers have previously come to breaking cover is as the pseudonymous authors of two semi-fictionalised paperbacks, one of whom has referred to the MRF as a “legalised death squad”.

The factual account of the MRF may not be quite as colourful. Nonetheless, the evidence gleaned from seven former members, declassified files and witnesses, does point to a central truth – that MRF tactics did sometimes mirror the IRA’s.
‘Targets taken down’

Another former member of the unit said: “We never wore uniform – very few people knew what rank anyone was anyway.

“We were hunting down hardcore baby-killers, terrorists, people that would kill you without even thinking about it.”

A third former MRF soldier said: “If you had a player who was a well-known shooter who carried out quite a lot of assassinations… then he had to be taken out.

“[They were] killers themselves, and they had no mercy for anybody.”

In 1972 there were more than 10,600 shootings in Northern Ireland. It is not possible to say how many the unit was involved in.

The MRF’s operational records have been destroyed and its former members refused to incriminate themselves or their comrades in specific incidents when interviewed by Panorama.

But they admitted shooting and killing unarmed civilians.

When asked if on occasion the MRF would make an assumption that someone had a weapon, even if they could not see one, one of the former soldiers replied “occasionally”.

“We didn’t go around town blasting, shooting all over the place like you see on the TV, we were going down there and finding, looking for our targets, finding them and taking them down,” he said.

Patricia McVeigh says her father Patrick was shot in the back as he stopped to talk to men at a checkpoint

“We may not have seen a weapon, but there more than likely would have been weapons there in a vigilante patrol.”

Panorama has identified 10 unarmed civilians shot, according to witnesses, by the MRF:
Brothers John and Gerry Conway, on the way to their fruit stall in Belfast city centre on 15 April 1972
Aiden McAloon and Eugene Devlin, in a taxi taking them home from a disco on 12 May 1972
Joe Smith, Hugh Kenny, Patrick Murray and Tommy Shaw, on Glen Road on 22 June 1972
Daniel Rooney and Brendan Brennan, on the Falls Road on 27 September 1972

Patricia McVeigh told the BBC she believed her father, Patrick McVeigh, had been shot in the back and killed by plain clothes soldiers on 12 May 1972 and said she wanted justice for him.

“He was an innocent man, he had every right to be on the street walking home. He didn’t deserve to die like this,” she said.

Her solicitor Padraig O’Muirigh said he was considering civil action against the Ministry of Defence in light of Panorama’s revelations.

The MoD refused to say whether soldiers involved in specific shootings had been members of the MRF.
Continue reading the main story
Troubles in Northern Ireland

The conflict in Northern Ireland during the late 20th century is known as the Troubles.

More than 3,600 people were killed and thousands more injured.

During a period of 30 years, many acts of violence were carried out by paramilitaries and the security forces.
Read more about the Troubles
‘Pretty gruesome’

It said it had referred allegations that MRF soldiers shot unarmed men to police in Northern Ireland.

But the members of the MRF who Panorama interviewed said their actions had ultimately helped bring about the IRA’s decision to lay down arms.

Gen Sir Mike Jackson, the former head of the British army, and a young paratrooper captain in 1972, said he had known little of the unit’s activities at the time, but admired the bravery of soldiers involved in undercover work.

He said: “That takes a lot of courage and it’s a cold courage. It’s not the courage of hot blood [used by] soldiers in a firefight.

“You know if you are discovered, a pretty gruesome fate may well await you – torture followed by murder.”

The IRA planted nearly 1,800 bombs – an average of five a day – in 1972

Col Richard Kemp, who carried out 10 tours of Northern Ireland between 1979 and 2001, told BBC Radio 4’s Today programme charges could be brought if there was new evidence unarmed civilians had been killed.

But he added: “Soldiers often speak with bravado and I wonder how many of those soldiers are saying that they themselves shot and killed unarmed civilians.”

Panorama has learnt a Ministry of Defence review concluded the MRF had “no provision for detailed command and control”.

Forty years later and families and victims are still looking for answers as to who carried out shootings.

Former detectives are reviewing all of the deaths in Northern Ireland during the conflict as part of the Historical Enquiries Team set up following the peace process.

Around 11% of the 3,260 deaths being reviewed were the responsibility of the state.

21 November 2013 Last updated at 05:50 ET

Find this story at 21 November 2013

BBC © 2013

Undercover Northern Ireland soldiers accused of killing unarmed civilians

Former members of Military Reaction Force admit on BBC Panorama they did not always follow guidelines on lethal force

Claims that members of an undercover army unit shot unarmed civilians in Northern Ireland during the 1970s have been referred to the police, according to the Ministry of Defence.

The allegations against the Military Reaction Force (MRF) are contained in a BBC Panorama programme, Britain’s Secret Terror Force, to be broadcast on Thursday evening.

Seven former members of the plain-clothes detachment – which carried out surveillance and, allegedly, unprovoked attacks – have spoken to the programme. The existence of the MRF is well known but its unorthodox methods and the scope of its activities have been the source of continuing speculation.

The soldiers in the Panorama report are not identified. One said that surveillance had been the MRF’s main purpose, but that it also had a “hard-hitting anti-terrorist” role. “We were not there to act like an army unit,” he explained. “We were there to act like a terror group. We had our own rules, but I don’t recall being involved in the shooting of an innocent person.”

Their weaponry was not always standard issue. On one occasion, the programme reports, a Thompson sub-machine gun was used. The men drove Hillmans and Ford Cortinas with microphones built into the sun visors; some were cars that had been stolen and recovered.

The year 1972 was the most violent of the Troubles: 497 people were killed including 134 were soldiers.

All seven former MRF soldiers told the programme that they sometimes acted in contravention of the “yellow card” – the strict rules that spelled out the circumstances under which soldiers could open fire. Lethal force was generally only lawful when the lives of security forces or others were in immediate danger.

One soldier explained: “If you had a player who was a well-known shooter who carried out quite a lot of assassinations …it would have been very simple – he had to be taken out.” All the soldiers, however, denied that they were part of a “death” or “assassination squad”.

Two fatal shootings have been linked to the MRF. On the night of 12 May 1972, an MRF patrol shot dead Patrick McVeigh, a father of six children and a member of the Catholic Ex-Servicemen’s Club whose members had been manning barricades in Belfast.

The soldiers involved made statements to the Royal Military Police saying they had been shot at and returned fire. However, the programme, made by the production company twenty2vision for Panorama, says there is no evidence that McVeigh or anyone beside him were members of the IRA. Those hit tested negative when swabbed by the police for firearms deposits, the programme says.

In September that year, another MRF patrol, the BBC programme says, shot dead 18-year-old Daniel Rooney in West Belfast. An MRF sergeant was acquitted of attempted murder following a trial in 1973. After 18 months’ duty, the MRF was dissolved in late 1972 following army concerns about the adequacy of its command and control structures.

An MoD spokesperson told the Guardian: “This is a matter for the Police Service of Northern Ireland Historical Enquiries Team (PSNI HET), who are examining all deaths that occurred during Operation Banner; the Ministry of Defence has co-operated fully with their inquiries.

“The UK has strict rules of engagement which are in accordance with UK law and international humanitarian law. This applied to operations in Northern Ireland. Soldiers were at all times subject to the general criminal law on the use of force, which was made clear to them in training and before operations.”

The PSNI said it would wait to see the programme. A spokesman added: “It would be inappropriate to comment at this point.”

Owen Bowcott, legal affairs correspondent
theguardian.com, Thursday 21 November 2013 06.12 GMT

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© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Checking in with ‘Royal Concierge’: GCHQ ran hotel surveillance ring to spy on diplomats and delegations

Britain’s secret listening service, GCHQ, uses a spying system codenamed “Royal Concierge” to carry out detailed surveillance on foreign diplomats and government delegations at more than 350 hotels across the world, Germany’s Der Spiegel magazine reported on Sunday.

The disclosures, based on intelligence data leaked by the US whistleblower Edward Snowden, follow reports that British intelligence installs secret software to spy on selected companies and revelations earlier this month by The Independent that GCHQ operates a listening post on the roof of the UK’s Berlin embassy.

Der Spiegel said that GCHQ used “Royal Concierge” to spy on the booking arrangements of the hotels involved in order to gain information about the travel plans of diplomats and government delegations. It said the system was used to “prepare” their hotel rooms for more detailed surveillance.

The magazine said the information gained enabled the GCHQ’s so-called “technical departments” to bug the telephones and computers used by diplomats in their hotel rooms. It said “Royal Concierge” was also used to prepare the ground for the setting up of the GCHQ’s so-called “Humint Operations” – an abbreviation for “Human Intelligence” surveillance involving the deployment of agents to spy on diplomats.

Der Spiegel did not say which hotels were targeted. Contacted by the magazine, a spokesman for GCHQ said he could “neither confirm nor deny” Der Spiegel’s report.

The disclosures are the latest in a series of embarrassing revelations about the covert activities of GCHQ and its US counterpart, the National Security Agency, leaked to the media by fugitive whistleblower Edward Snowden.

The intelligence leaks have revealed the existence of the GCHQ/NSA “Tempora” spying operation involving the mass surveillance of Internet, phone and email traffic which crosses the Atlantic through undersea fibre-optic cables. The British government has claimed to have had no knowledge of the programme.

Disclosures published by Der Spiegel last week said that GCHQ used doctored websites including those from the business network LinkedIn to install surveillance software on the computers of unwitting companies and individuals.

The system was said to be codenamed “Quantum Insert”. One of the targeted companies was identified as the part-state-owned Belgian telecommunications firm Belgacom. Another was a concern named Mach, which is used by several mobile phone companies to coordinate international roaming traffic.

In Germany, disclosures that the NSA used an embassy listening post to bug Chancellor Angela Merkel’s mobile phone were followed a fortnight ago by an investigation by The Independent which revealed that GCHQ runs a similar listening post.

German MPs have said they are outraged that US and British intelligence spies on the politicians of a country which is their key European ally. They have called for the setting up of no-spying agreements between Washington, London and Berlin.

Germany’s two main political parties announced yesterday that they had agreed to set up a cyber security centre to establish how networks could be better protected from invasive surveillance.

Tony Paterson
Sunday, 17 November 2013

Find this story at 17 November 2013

© independent.co.uk

‘Royal Concierge’ GCHQ Monitors Diplomats’ Hotel Bookings

Britain’s GCHQ intelligence service monitors diplomats’ travels using a sophisticated automated system that tracks hotel bookings. Once a room has been identified, it opens the door to a variety of spying options.

When diplomats travel to international summits, consultations and negotiations on behalf of governments, they generally tend to spend the night at high-end hotels. When they check-in, in addition to a comfortable room, they sometimes get a very unique form of room service that they did not order: a thorough monitoring by the British Government Communications Headquarters, or GCHQ in short.

Intelligence service documents from the archive of NSA whistleblower Edward Snowden show that, for more than three years, GCHQ has had a system to automatically monitor hotel bookings of at least 350 upscale hotels around the world in order to target, search and analyze reservations to detect diplomats and government officials.

The top secret program carries the codename “Royal Concierge,” and has a logo showing a penguin wearing a crown, a purple cape and holding a wand. The penguin is apparently meant to symbolize the black and white uniform worn by staff at luxury hotels.

The aim of the program is to inform GCHQ, at the time of the booking, of the city and hotel a foreign diplomat intends to visit. This enables the “technical operations community” to make the necessary preparations in a timely manner, the secret documents state. The documents cast doubt on the truthfulness of claims made last week to a committee in parliament by the heads of the three British intelligence agencies: Namely that the exclusive reason and purpose behind their efforts is the battle against terrorism, and to make sure they can monitor the latest postings by al-Qaida and similar entities.

The documents show that the prototype of “Royal Concierge” was first tested in 2010. The much-touted program, referred to internally as an “innovation,” was apparently so successful that further development continued.

Daily Alerts

The documents provide details on how the British program for tracking international diplomats functioned. Whenever a reservation confirmation is emailed to a conspicuous address inside a government domain (like gov.xx) from any of the 350 hotels around the world being monitored, a daily alert “tip-off” is sent to the appropriate GCHQ analysts. The documents seen by SPIEGEL do not include hotel names, but they do cite anonymized hotels in Zurich and Singapore as examples.

A further document states that this advance knowledge of which foreign diplomats will be staying in what hotels provides GCHQ with a whole palette of intelligence capabilities and options. The documents reveal an impressive listing of capabilities for monitoring a hotel room and its temporary resident that seem to exhaust the creative potential of modern spying. Among the possibilities, of course, are wiretapping the room telephone and fax machine as well as the monitoring of computers hooked up to the hotel network (“computer network exploitation”).

It also states that a “Technical Attack” is deployed by the British “TECA” team for guests of high interest. The documents state that these elite units develop a range of “specialist technologies” that are “designed to bridge the gaps to communications that our conventional accesses cannot reach.” These “Active Approach Teams” are small, but possess advanced technical skill that allow them to work within “often unique requirements.”

The guests, of course, have no clue about these advanced technical preparations that are made for their visits. In cases of “governmental hard targets,” the information obtained through “Royal Concierge” can also involve “Humint” operations. The abbreviation is short for “human intelligence” — in other words, the deployment of human spies who might then be listening in on a diplomat’s conversations at the hotel bar.

‘Wild, Wild West’

The documents seen by SPIEGEL do not state how often the program has been used, but they do indicate that it continued to be developed and that it captured the imagination of the intelligence agency’s workers, including the GCHQ unit responsible for “effects.” Given the access they had to hotel bookings through “Royal Concierge,” one document pondered: “Can we influence the hotel choice?” And: Did they have the ability to cancel visits entirely? Another slide lists “car hire” as one of the possible extensions to the program.

Contacted by SPIEGEL, GCHQ said that it “neither confirms nor denies the allegation.”

Her Royal Majesty’s agents appear to be very conscious of the fact that the automated monitoring of diplomats’ travel by the British intelligence service crosses into controversial terrain. One of the presentations describing “Royal Concierge” is titled “Tales from the Wild, Wild West of GCHQ Operational Datamining.”

11/17/2013 08:09 AM
By Laura Poitras, Marcel Rosenbach and Holger Stark

Find this story at 17 November 2013

© SPIEGEL ONLINE 2013

The CIA’s New Black Bag Is Digital; When the NSA can’t break into your computer, these guys break into your house.

During a coffee break at an intelligence conference held in The Netherlands a few years back, a senior Scandinavian counterterrorism official regaled me with a story. One of his service’s surveillance teams was conducting routine monitoring of a senior militant leader when they suddenly noticed through their high-powered surveillance cameras two men breaking into the militant’s apartment. The target was at Friday evening prayers at the local mosque. But rather than ransack the apartment and steal the computer equipment and other valuables while he was away — as any right-minded burglar would normally have done — one of the men pulled out a disk and loaded some programs onto the resident’s laptop computer while the other man kept watch at the window. The whole operation took less than two minutes, then the two trespassers fled the way they came, leaving no trace that they had ever been there.

It did not take long for the official to determine that the two men were, in fact, Central Intelligence Agency (CIA) operatives conducting what is known in the U.S. intelligence community as either a “black bag job” or a “surreptitious entry” operation. Back in the Cold War, such a mission might have involved cracking safes, stealing code books, or photographing the settings on cipher machines. Today, this kind of break-in is known inside the CIA and National Security Agency as an “off-net operation,” a clandestine human intelligence mission whose specific purpose is to surreptitiously gain access to the computer systems and email accounts of targets of high interest to America’s spies. As we’ve learned in recent weeks, the National Security Agency’s ability to electronically eavesdrop from afar is massive. But it is not infinite. There are times when the agency cannot gain access to the computers or gadgets they’d like to listen in on. And so they call in the CIA’s black bag crew for help.

The CIA’s clandestine service is now conducting these sorts of black bag operations on behalf of the NSA, but at a tempo not seen since the height of the Cold War. Moreover, these missions, as well as a series of parallel signals intelligence (SIGINT) collection operations conducted by the CIA’s Office of Technical Collection, have proven to be instrumental in facilitating and improving the NSA’s SIGINT collection efforts in the years since the 9/11 terrorist attacks.
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Spy Copters, Lasers, and Break-In Teams

Over the past decade specially-trained CIA clandestine operators have mounted over one hundred extremely sensitive black bag jobs designed to penetrate foreign government and military communications and computer systems, as well as the computer systems of some of the world’s largest foreign multinational corporations. Spyware software has been secretly planted in computer servers; secure telephone lines have been bugged; fiber optic cables, data switching centers and telephone exchanges have been tapped; and computer backup tapes and disks have been stolen or surreptitiously copied in these operations.

In other words, the CIA has become instrumental in setting up the shadowy surveillance dragnet that has now been thrown into public view. Sources within the U.S. intelligence community confirm that since 9/11, CIA clandestine operations have given the NSA access to a number of new and critically important targets around the world, especially in China and elsewhere in East Asia, as well as the Middle East, the Near East, and South Asia. (I’m not aware of any such operations here on U.S. soil.) In one particularly significant operation conducted a few years back in a strife-ridden South Asian nation, a team of CIA technical operations officers installed a sophisticated tap on a switching center servicing several fiber-optic cable trunk lines, which has allowed NSA to intercept in real time some of the most sensitive internal communications traffic by that country’s general staff and top military commanders for the past several years. In another more recent case, CIA case officers broke into a home in Western Europe and surreptitiously loaded Agency-developed spyware into the personal computer of a man suspected of being a major recruiter for individuals wishing to fight with the militant group al-Nusra Front in Syria, allowing CIA operatives to read all of his email traffic and monitor his Skype calls on his computer.

The fact that the NSA and CIA now work so closely together is fascinating on a number of levels. But it’s particularly remarkable accomplishment, given the fact that the two agencies until fairly recently hated each others’ guts.

Ingenues and TBARs

As detailed in my history of the NSA, The Secret Sentry, the CIA and NSA had what could best be described as a contentious relationship during the Cold War era. Some NSA veterans still refer to their colleagues at the CIA as ‘TBARs,’ which stands for ‘Those Bastards Across the River,’ with the river in question being the Potomac. Perhaps reflecting their higher level of educational accomplishment, CIA officers have an even more lurid series of monikers for their NSA colleagues at Fort Meade, most of which cannot be repeated in polite company because of recurring references to fecal matter. One retired CIA official described his NSA counterparts as “a bunch of damn ingenues.” Another CIA veteran perhaps put it best when he described the Cold War relationship amongst and between his agency and the NSA as “the best of enemies.”

The historical antagonism between the two agencies started at the top. Allen W. Dulles, who was the director of the CIA from 1953 to 1961, disliked NSA director General Ralph Canine so intensely that he deliberately kept the NSA in the dark about a number of the agency’s high-profile SIGINT projects, like the celebrated Berlin Tunnel cable tapping operation in the mid-1950s. The late Richard M. Helms, who was director of the CIA from 1966 to 1973, told me over drinks at the Army-Navy Club in downtown Washington, D.C. only half jokingly that during his thirty-plus years in the U.S. intelligence community, his relations with the KGB were, in his words, “warmer and more collegial” than with the NSA. William E. Colby, who served as Director of Central Intelligence from 1973-1976, had the same problem. Colby was so frustrated by his inability to assert any degree of control over the NSA that he told a congressional committee that “I think it is clear I do not have command authority over the [NSA].” And the animus between CIA director Admiral Stansfield Turner (CIA director from 1977-1981) and his counterpart at the NSA, Admiral Bobby Ray Inman, was so intense that they could only communicate through intermediaries.

But the 9/11 terrorist attacks changed the operational dynamic between these two agencies, perhaps forever. In the thirteen years since the 9/11 terrorist attacks, the NSA and CIA have largely, but not completely, moved past the Cold War animus. In addition, both agencies have become increasingly dependent on one another for the success of their respective intelligence operations, leading to what can best be described as an increasingly close symbiotic relationship between these two titans of the U.S. intelligence community.

While the increasingly intimate relationship between the NSA and CIA is not a secret, the specific nature and extent of the work that each agency does for the other is deemed to be extremely sensitive, especially since many of these operations are directed against friends and allies of the United States. For example, the Special Collection Service (SCS), the secretive joint CIA-NSA clandestine SIGINT organization based in Beltsville, Maryland, now operates more than 65 listening posts inside U.S. embassies and consulates around the world. While recent media reports have focused on the presence of SCS listening posts in certain Latin America capitals, intelligence sources confirm that most of the organization’s resources have been focused over the past decade on the Middle East, South Asia, and East Asia. For example, virtually every U.S. embassy in the Middle East now hosts a SCS SIGINT station that monitors, twenty-four hours a day, the complete spectrum of electronic communications traffic within a one hundred mile radius of the embassy site. The biggest problem that the SCS currently faces is that it has no presence in some of the U.S. intelligence community’s top targets, such as Iran and North Korea, because the U.S. government has no diplomatic relations with these countries.

At the same time, SIGINT coming from the NSA has become a crucial means whereby the CIA can not only validate the intelligence it gets from its oftentimes unreliable agents, but SIGINT has been, and remains the lynchpin underlying the success over the past nine years of the CIA’s secret unmanned drone strikes in Pakistan, Yemen and elsewhere around the world.

But the biggest changes have occurred in the CIA’s human intelligence (HUMINT) collection efforts on behalf of NSA. Over the past decade, foreign government telecommunications and computer systems have become one of the most important targeting priorities of the CIA’s National Clandestine Service (NCS), which since the spring of this year has been headed by one of the agency’s veteran Africa and Middle East hands. The previous director, Michael J. Sulick, is widely credited with making HUMINT collection against foreign computer and telecommunications systems one of the service’s top priority targets after he rose to the top of the NCS in September 2007.

Today, a cadre of several hundred CIA NCS case officers, known as Technical Operations Officers, have been recruited and trained to work exclusively on penetrating foreign communications and computer systems targets so that NSA can gain access to the information stored on or transmitted by these systems. Several dozen of these officers now work fulltime in several offices at NSA headquarters at Fort George G. Meade, something which would have been inconceivable prior to 9/11.

CIA operatives have also intensified their efforts to recruit IT specialists and computer systems operators employed by foreign government ministries, major military command headquarters staffs, big foreign multinational corporations, and important international non-governmental organizations.

Since 9/11, the NCS has also developed a variety of so-called “black boxes” which can quickly crack computer passwords, bypass commercially-available computer security software systems, and clone cellular telephones — all without leaving a trace. To use one rudimentary example, computer users oftentimes forget to erase default accounts and passwords when installing a system, or incorrectly set protections on computer network servers or e-mail accounts. This is a vulnerability which operatives now routinely exploit.

For many countries in the world, especially in the developing world, CIA operatives can now relatively easily obtain telephone metadata records, such as details of all long distance or international telephone calls, through secret liaison arrangements with local security services and police agencies.

America’s European allies are a different story. While the connections between the NSA and, for example, the British signals intelligence service GCHQ are well-documented, the CIA has a harder time obtaining personal information of British citizens. The same is true in Germany, Scandinavia and the Netherlands, which have also been most reluctant to share this sort of data with the CIA. But the French intelligence and security services have continued to share this sort of data with the CIA, particularly in counterterrorism operations.

U.S. intelligence officials are generally comfortable with the new collaboration. Those I have spoken to over the past three weeks have only one major concern. The fear is that details of these operations, including the identities of the targets covered by these operations, currently reside in the four laptops reportedly held by Edward Snowden, who has spent the past three weeks in the transit lounge at Sheremetyevo Airport outside Moscow waiting for his fate to be decided. Officials at both the CIA and NSA know that the public disclosure of these operations would cause incalculable damage to U.S. intelligence operations abroad as well as massive embarrassment to the U.S. government. If anyone wonders why the U.S. government wants to get its hands on Edward Snowden and his computers so badly, this is an important reason why.

David Burnett/Newsmakers

Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror and The Secret Sentry: The Untold History of the National Security Agency, and is co-editor with Cees Wiebes of Secrets of Signals Intelligence During the Cold War and Beyond.

BY MATTHEW M. AID | JULY 17, 2013

Find this story at 17 July 2013

©2013 The Slate Group, LLC. All rights reserved.

The CIA Burglar Who Went Rogue; Douglas Groat thought he understood the risks of his job—until he took on his own employer

“I’d come back from an op and couldn’t wait for what happens next,” says Douglas Groat (shown in a reenactment with tools of the trade). (James Quantz Jr. )

The six CIA officers were sweating. It was almost noon on a June day in the Middle Eastern capital, already in the 90s outside and even hotter inside the black sedan where the five men and one woman sat jammed in together. Sat and waited.

They had flown in two days earlier for this mission: to break into the embassy of a South Asian country, steal that country’s secret codes and get out without leaving a trace. During months of planning, they had been assured by the local CIA station that the building would be empty at this hour except for one person—a member of the embassy’s diplomatic staff working secretly for the agency.

But suddenly the driver’s hand-held radio crackled with a voice-encrypted warning: “Maintain position. Do not approach target.” It was the local CIA station, relaying a warning from the agency’s spy inside: a cleaning lady had arrived.

From the back seat Douglas Groat swore under his breath. A tall, muscular man of 43, he was the leader of the break-in team, at this point—1990—a seven-year veteran of this risky work. “We were white faces in a car in daytime,” Groat recalls, too noticeable for comfort. Still they waited, for an hour, he says, before the radio crackled again: “OK to proceed to target.” The cleaning lady had left.

Groat and the others were out of the car within seconds. The embassy staffer let them in the back door. Groat picked the lock on the code room—a small, windowless space secured for secret communications, a standard feature of most embassies—and the team swept inside. Groat opened the safe within 15 minutes, having practiced on a similar model back in the States. The woman and two other officers were trained in photography and what the CIA calls “flaps and seals”; they carefully opened and photographed the code books and one-time pads, or booklets of random numbers used to create almost unbreakable codes, and then resealed each document and replaced it in the safe exactly as it had been before. Two hours after entering the embassy, they were gone.

After dropping the break-in specialists off at their hotel, the driver took the photographs to the U.S. Embassy, where they were sent to CIA headquarters by diplomatic pouch. The next morning, the team flew out.

The CIA is not in the habit of discussing its clandestine operations, but the agency’s purpose is clear enough. As then-chief James Woolsey said in a 1994 speech to former intelligence operatives: “What we really exist for is stealing secrets.” Indeed, the agency declined to comment for this article, but over the course of more than 80 interviews, 25 people—including more than a dozen former agency officers—described the workings of a secret CIA unit that employed Groat and specialized in stealing codes, the most guarded secrets of any nation.

What Groat and his crew were doing followed in the tradition of all espionage agencies. During World War II, for example, Soviet spies stole the secrets of how the United States built the atom bomb, and the British secretly read Nazi communications after acquiring a copy of a German Enigma cipher machine from Polish intelligence. The Office of Strategic Services, the CIA’s predecessor, targeted the Vichy French Embassy in Washington, D.C. one night in June 1942. An operative code-named Cynthia arranged a tryst inside the embassy with her lover, who was the press attaché there. The tryst, as both knew, was a cover story—a way to explain her presence to the night watchman. After the 31-year-old, auburn-haired spy and her lover stripped in the hall outside the code room, Cynthia, naked but for her pearls and high-heeled shoes, signaled out a window to a waiting OSS safe expert, a specialist known as the “Georgia Cracker.” He soon had the safe open and the codebooks removed; an OSS team photographed the books in a hotel nearby, and Cynthia returned them to the safe before dawn. The stolen codes were said to have helped OSS undercover operations in North Africa that paved the way for the Allied invasion there six months later.

In 1956, Soviet leader Nikita Khrushchev denounced Joseph Stalin’s mass terror and “cult of personality” in a speech to a closed session of the Communist Party Congress in Moscow. Khrushchev repudiated his predecessor in such stark terms that his speech weakened the Soviet Union’s grip on Eastern Europe and contributed to Moscow’s split with China. As word of his “secret speech” filtered out, the CIA fell under enormous pressure to obtain a copy. The agency’s director, Allen W. Dulles, secured one—he never disclosed how, but by most accounts his source was Israeli intelligence—and leaked it to the New York Times. He later wrote that getting the speech was “one of the major intelligence coups” of his career.

In a secret program called HTLINGUAL, the CIA screened more than 28 million first-class letters and opened 215,000 of them between 1953 and 1973, even though the Supreme Court held as far back as 1878 in Ex parte Jackson and reaffirmed in 1970 in U.S. v. Van Leeuwen that the Fourth Amendment bars third parties from opening first-class mail without a warrant. The program’s stated purpose was to obtain foreign intelligence, but it targeted domestic peace and civil rights activists as well. In a 1962 memo to the director of the CIA’s Office of Security, the deputy chief of the counterintelligence staff warned that the program could lead “to grave charges of criminal misuse of the mails” and therefore U.S. intelligence agencies must “vigorously deny” HTLINGUAL, which should be “relatively easy to ‘hush up.’ ”

One of the agency’s most ambitious known theft attempts took place after a Soviet submarine sank in 1968 several hundred miles northwest of Hawaii, losing all hands. After spending at least $200 million to build a ship designed especially for the mission, the agency tried in 1974 to steal the sub from its resting place, 17,000 feet deep. Using a giant claw, the ship, the Glomar Explorer, lifted the sub from the ocean bottom, but it broke in two as it was raised. The agency recovered the forward third of the vessel, but former CIA director William E. Colby confirmed in the French edition of his memoir, which slipped through the agency’s censorship, that the operation fell short of its main objective—recovering the part of the sub containing Soviet nuclear missiles and codebooks.

Codes have always been primary espionage targets, but they have become more valuable as encryption programs have become both more common and more complex. Today, even the National Security Agency, the nation’s code-making and -breaking arm and its largest intelligence agency, has trouble keeping up with the flood of messages it intercepts. When decrypting other countries’ codes is so difficult, the most obvious solution is to steal them.

That is why by 1955, and probably earlier, the CIA created a special unit to perform what the agency calls “surreptitious entries.” This unit was so secret that few people inside CIA headquarters knew it existed; it wasn’t even listed in the CIA’s classified telephone book. Officially it was named the Special Operations Division, but the handful of agency officers selected for it called it the Shop.

In Doug Groat’s time there, in the 1980s and early ’90s, the Shop occupied a nondescript one-story building just south of a shopping mall in the Washington suburb of Springfield, Virginia. The building was part of a government complex surrounded by a chain-link fence; the pebbled glass in the windows let in light but allowed no view in or out. The men and women of the Shop made up a team of specialists: lock pickers, safecrackers, photographers, electronics wizards and code experts. One team member was a master at disabling alarm systems, another at flaps and seals. Their mission, put simply, was to travel the world and break into other countries’ embassies to steal codes, and it was extraordinarily dangerous. They did not have the protection of diplomatic cover; if caught, they might face imprisonment or execution. The CIA, they assumed, would claim it knew nothing about them. “It was generally understood, from talking to the other guys,” Groat recalls. “Nobody ever said it in so many words.”

Groat started working at the Shop in 1982 and became the CIA’s top burglar and premier lock picker. He planned or participated in 60 missions in Europe, Africa, South America and the Middle East. He received several $5,000 awards for successful entry missions—a significant sum for someone earning less than $40,000 a year at the time—as well as an award from the CIA’s Clandestine Service and another from the NSA. In several instances, as in the operation in the Middle East capital, he led the entry team. But that operation was Groat’s last. The simple fact that a cleaning lady had unexpectedly shown up for work set off a chain of events that pit him against his employer. The operations of the Shop, as described by Groat, other former members of the Shop and other intelligence professionals, illustrate the lengths to which the CIA went to steal other nations’ secrets. What happened to Groat illustrates the measures the agency took to protect secrets of its own.

Groat would seem an excellent candidate for the job of stealing codes. Six-foot-three, handsome and articulate, he is a former Green Beret trained in scuba diving, underwater explosives, parachuting, survival and evasion; he knows how to build homemade pistols, shotguns, silencers, booby traps and bombs. He also speaks Mandarin Chinese. He says he relished his work at the Shop—both for the opportunity to serve his country and for the adrenaline rush that came with the risks.

He grew up in Scotia, New York, near Albany. He joined the Army in 1967, before marrying his high-school sweetheart, and served as a captain in the Special Forces. He left after four years and worked in a series of law-enforcement jobs. As a police officer in Glenville, New York, Groat displayed a streak of unyielding resolve: He ticketed fire engines when he believed they were breaking the law. “The trucks would run with lights flashing even when they were not responding to a fire. They were checking the hydrants,” he says. “I warned them, ‘Do it again and I’ll ticket you.’ They did and I did.” After he ticketed the fire chief, Groat was fired. He sued and won his job back—and then, having made his point, quit to become a deputy U.S. marshal in Phoenix.

By then Groat and his wife had a daughter and a son. In 1980, he joined the CIA and moved his family to Great Falls, Virginia. At age 33, he was sent off to the Farm, the CIA’s training base near Williamsburg, to learn the black arts of espionage. Two years later, after testing well for hand coordination and the capacity to pay painstaking attention to detail, he was accepted for the Shop.

In training there he demonstrated an exceptional talent for picking locks, so the CIA sent him to vocational courses in opening both locks and safes. As a result, the CIA’s top burglar was also a bonded locksmith, member number 13526 of the Associated Locksmiths of America. He was also a duly certified member of the Safe and Vault Technicians Association.

Although Hollywood films show burglars with an ear glued to a safe to listen for the tumblers, Groat says it doesn’t work that way. “You feel the tumblers. In your fingers,” he says. “There are three to four wheels in a typical safe combination lock. As you turn the dial you can feel it as you hit each wheel, because there’s extra tension on the dial. Then you manipulate one wheel at a time until the drop lever inside falls into the open position and the safe is unlocked.”

After training came the real thing. “It was exhilarating,” Groat recalls of his first mission, targeting a South American embassy in Northern Europe. When he traveled to a target, he used an alias and carried phony ID—”pocket litter,” as it is known in the trade. His fake identities were backstopped, meaning that if anyone called to check with the real companies listed on his cards, someone would vouch for him as an employee. He also was given bank and credit cards in an alias to pay his travel expenses.

Because Groat’s work was so sensitive, he had to conceal it. Although his wife understood the nature of his work, for years his children did not. “I didn’t know where my father worked until I was in high school, in the ninth or tenth grade,” says Groat’s son, Shawn. “My sister typed a report on special paper that dissolved in water, although we didn’t know it. My father realized what she was doing and said, ‘You can’t use that paper.’ Then he ate the paper.

“He then sat us down and said, ‘I don’t work for the State Department. I work for the CIA.’” The State Department had been his cover story to explain his frequent travels to friends, relatives and neighbors. He said he inspected security at U.S. embassies.

Groat would not talk about which countries’ codes he and his colleagues stole. Other intelligence sources said that in 1989, he led an extraordinary mission to Nepal to steal a code machine from the East German Embassy there—the CIA and the NSA, which worked closely with the Shop, wanted the device so badly that Groat was told to go in, grab the safe containing the code machine and get out. Never mind the rule about leaving no trace; in this case it would be immediately obvious that a very large object was missing.

According to two CIA sources, the agency and the NSA had collected three decades’ worth of encrypted East German communications traffic; the machine would allow them to read it and, if the Soviets and the other Warsaw Pact countries were linked in a common system, perhaps to decrypt Soviet traffic as well.

The CIA station in Katmandu arranged for an official ceremony to be held more than an hour away from the capital and for all foreign diplomats to be invited. The agency knew the East Germans could not refuse to attend. That would leave Groat’s team about three hours to work. Posing as tourists, they arrived in Katmandu two days before the mission and slipped into a safe house. On the appointed day, they left the safe house wearing disguises crafted by a CIA specialist—whole-face latex masks that transformed them into Nepalese, with darker skin and jet-black hair. At the embassy, Groat popped the front door open with a small pry bar. Inside, the intruders peeled off their stifling masks and with a bolt-cutter removed a padlock barring the way to the embassy’s security area. Once in the code room, Groat and two teammates strained to lift the safe from the floorboards and wrestled it down the stairs and out to a waiting van.

They drove the safe to the American Embassy, where it was opened—and found to contain no code machine. Based on faulty intelligence, the CIA had sent its break-in team on a Himalayan goose chase.

In planning an operation, Groat says, he would normally reconnoiter the target personally. But he was told there was no budget to send him before his 1990 mission to the Middle East capital, so he had to rely on assurances from the local CIA station. Although the team accomplished its mission and returned to the Shop within two days, Groat was enraged at what he believed was sloppy advance work.

“It was a near miss, very scary,” he says. “I had to complain. It could have been disastrous for the U.S. government and the officers involved.”

Not to worry, Groat’s boss told him; he would personally tell the official who supervised the Shop what had happened. Groat says his boss warned him that if he went outside channels and briefed the supervisor on his own, “it would end my career.” He went to the supervisor anyway. “I told [him] if we had been caught our agent would be killed,” he says. “He said he didn’t care. That it was an aberration and wouldn’t happen again.” Groat did not back down; in fact, he escalated matters by taking his complaint to the CIA inspector general. The IG at the time was Frederick P. Hitz, who now teaches law at the University of Virginia. Hitz recalls that his office investigated the matter.

“On the issue that preparations for that entry had not been properly made, we did find there was merit in his complaint,” Hitz says. “His grievances had some justification in fact. He felt there was sloppiness that endangered himself and his crew, the safety of the men for whom he was responsible. We felt there was some reason for his being upset at the way his operation was prepared.”

Given the tensions rising between Groat and his managers, the IG also recommended that Groat be transferred to another unit. Hitz says he is fairly certain that he also urged that steps be taken to avoid a repeat of the problems Groat had encountered and that “we expected this not to happen again.” But the recommendation that Groat be transferred created a problem: There was no other unit like the Shop. Groat says he was given a desk at a CIA building in Tysons Corner, in Northern Virginia, but no work to do—for 14 months. In October 1992, he says, he was moved to another office in Northern Virginia but still given no duties. He worked out at a gym in a nearby CIA building and went home by 11 a.m.

By then Groat was at the end of his rope. “I was under more and more pressure” to quit, he says. “I was being pushed out and I was looking at losing my retirement.” He called the inspector general, “and he told me to find another job because I wasn’t going to get my job [at the Shop] back.”

The way Groat saw it, he had risked his life for nearly a decade to perform some of his country’s most demanding, valuable and risky work. He was the best at what he did, and yet that didn’t seem to matter; some bureaucrats had forced him out of the Shop for speaking out.

So he decided to run his own operation. Against the CIA.

In September 1992, Groat sent three anonymous letters to the ambassador of an Asian country revealing an operation he had participated in about a year and a half earlier to bug computers in an embassy the country maintained in Scandinavia. “It was a last-ditch effort to get the agency to pay attention,” Groat says. Clearly, he knew he was taking a terrible risk. At least one letter was intercepted and turned over to the CIA. But one or more may have gotten through, because the bugs suddenly went silent.

By early 1993, CIA counterintelligence officers had launched an investigation to find out who wrote the letters. The FBI was brought in, and its agents combed through the library at CIA headquarters in Langley, Virginia, dusting for prints on a list of foreign embassies in case the letters’ author had found the address there. The FBI “came to my house two or three times,” Groat says. Its agents showed him a form stating that his thumbprints, and the prints of two other people, were identified on the page listing the foreign missions. Of course, that didn’t prove who had written the letters.<

Groat was called into CIA headquarters and questioned. “I knew they didn’t have anything,” he says. “Since I thought I was still in a negotiation with the Office of General Counsel to resolve this whole thing I wasn’t going to say anything. I wanted them to believe I had done it but not know that I had done it. I wanted to let that play out.” When he refused to take a polygraph, he was put on administrative leave.

By the summer of 1994 his marriage was disintegrating, and that October Groat left home. He later bought a Winnebago and began wandering the country with a girlfriend. Meanwhile, he began negotiating a retirement package with the CIA and hired an attorney, Mark Bradley, a former Pakistan analyst for the agency.

In a letter to James W. Zirkle, the CIA’s associate general counsel, Bradley noted that Groat “gave the CIA 14 years of his life….His numerous awards and citations demonstrate how well he performed his assignments, many of which were extremely dangerous. He gave his heart and soul to the Agency and feels that it has let him down.” Groat wanted $500,000 to compensate him, Bradley added, “for the loss of his career.”

In reply, Zirkle wrote that before the agency would consider “the very substantial settlement” being sought, Groat would have “to accurately identify the person…responsible for the compromise of the operation” under investigation. “If he can provide us with clear and convincing corroborating evidence confirming the information that he would provide, we would be prepared to consider not using the polygraph.” But the exchange of letters led nowhere. In September 1996 Groat was divorced, and a month later he was dismissed from the CIA, with no severance and no pension.

Seeking new leverage with the agency, Groat made another risky move: In January 1997 he telephoned Zirkle and said that without a settlement, he would have to earn a living as a security consultant to foreign governments, advising them on how to protect their codes.

Groat’s telephone call detonated like a bombshell at CIA headquarters. Senior officials had long debated what to do about him. Some favored negotiating a money settlement and keeping him quiet; others wanted to take a hard line. Groat’s call intensified the agency’s dilemma, but it seemed to have worked: Zirkle urged patience; a settlement was imminent. “We are working very hard to come to a timely and satisfactory resolution,” the lawyer wrote in a subsequent letter.

That March, Zirkle sent Groat a written offer of $50,000 a year as a contract employee until 2003, when he would be eligible to retire with a full pension. The contract amounted to $300,000—$200,000 less than what Groat had sought. Again, Zirkle reminded him, he would have to cooperate with the counterintelligence investigation. He would be required to take a polygraph, and he would have to agree not to contact any foreign government. Bradley urged his client to take the money and run, but Groat believed the agency’s offer was too low.

Later that month, he visited 15 foreign consulates in San Francisco to drop off a letter in which he identified himself as a former CIA officer whose job was “to gain access to…crypto systems of select foreign countries.” The letter offered his expertise to train security officers on ways to protect “your most sensitive information” but did not disclose any information about how the CIA stole codes. The letter included a telephone number and a mailbox in Sacramento where he could be contacted.

Groat says he had no takers—and claims he didn’t really want any. “I never intended to consult for a foreign country,” he says. “It was a negotiating ploy….Yes, I realized it was taking a risk. I did unconventional work in my career, and this was unconventional.” He did not act secretly, Groat notes; he wanted the agency and the FBI to know. He told the CIA what he planned to do, and he gave the FBI a copy of his letter after he had visited the consulates. The FBI opened another investigation of Groat.

Molly Flynn, the FBI agent assigned to the case, introduced herself to Groat and stayed in touch with him after he moved to Atlanta for training as an inspector for a gas pipeline company. In late March, Groat called Flynn to say he was heading for Pennsylvania to start on his first inspection job.

Flynn invited him to stop off in Washington for a meeting she would arrange with representatives of the CIA, the FBI and the Justice Department to try to resolve the situation. Still hoping to reach a settlement, Groat says, “I accepted eagerly.”

On April 2, 1998, he walked into an FBI building in downtown Washington. Flynn greeted him in the lobby. Had the others arrived yet? he asked as she led him to a first-floor conference room. She said they had not. As the door clicked shut behind him, she delivered unexpected news. “I told him we had resolved the matter, but not to his liking,” Flynn recalls. A man in a white shirt and tie—a Justice Department official, Groat later concluded—told him: “We decided not to negotiate with you. We indicted you instead.” Then the man turned and left.

Groat was arrested and held in the room for five hours. Flynn and two other agents remained with him, he says. His car keys were taken away. “One of the FBI agents said, ‘It probably wouldn’t do much good to ask you questions, would it?’ And I said, ‘No, it wouldn’t.’” After being strip-searched, fingerprinted and handcuffed, he says, he was driven to the Federal District Court building and locked in a cell. Held there for two days, he was strip-searched again in front of eight people, including a female officer, shackled and outfitted with a stun belt. “My eyes were covered with a pair of goggles, the lenses masked over with duct tape,” he says. He was moved by van, with a police escort, to a waiting helicopter.

After a short ride, he was taken to a windowless room that would be his home for the next six months. He was never told where he was, but he was told he was being treated as an “extreme risk” prisoner. The lights in his cell were kept on 24/7, and a ceiling-mounted camera monitored him all the time.<

Robert Tucker, a federal public defender in Washington, was assigned to Groat’s case. When Tucker wanted to visit his client, he was picked up in a van with blacked-out windows and taken to him. Tucker, too, never learned where Groat was being held.

A few days before Groat’s arrest, a federal grand jury in Washington had handed down a sealed indictment accusing him of transmitting, or trying to transmit, information on “the targeting and compromise of cryptographic systems” of unnamed foreign countries—a reference to his distributing his letter to the consulates. The formal charge was espionage, which carries a possible penalty of death. He was also charged with extortion, another reference to his approach to the consulates; the indictment accused him of attempting to reveal “activities and methods to foreign governments” unless the CIA “paid the defendant for his silence in excess of five hundred thousand dollars ($500,000).”

As a trial date approached, prosecutors offered Groat a plea agreement. Although they were not pressing for the death penalty, Groat faced the prospect of life in prison if a jury convicted him of espionage. Reluctantly, he agreed to plead guilty to extortion if the government would drop the spying charges. “I had no choice,” he says. “I was threatened with 40 years to life if I didn’t take the deal.” Groat also agreed to testify fully in the CIA and FBI counterintelligence investigations, and he subsequently confessed that he sent the letters about the bugged computers.

On September 25, 1998, Groat stood before Judge Thomas F. Hogan of the Federal District Court in Washington and entered his guilty plea. He was sentenced to five years.

The question of where Groat would serve his time was complicated by what a federal Bureau of Prisons official referred to as his “special abilities.” While still in solitary, he wrote to a friend: “The marshals are treating me like I’m a cross between MacGyver, Houdini and Rambo.” But in the end, he was sent to the minimum-security wing of the federal prison camp in Cumberland, Maryland. “My skills, after all, were not for escaping,” Groat notes. “They were for entering places.”

There Groat was assigned to a case manager, who introduced herself as Aleta. Given her new client’s reputation, she put him in solitary the first night. But officials gradually noticed she and Groat spent a lot of time talking to each other. As a result, he was transferred to the federal prison in Terre Haute, Indiana, after two years, but the two corresponded often.

In March 2002, Groat was released a month short of four years, his sentence reduced for good behavior. Aleta was waiting for him at the prison gate, and they were married that December. Today, Doug and Aleta Groat live on 80 acres in the South. He prefers not to disclose his location any more specifically than that. He has not told his neighbors or friends about his previous life as a spy; he works the land and tries to forget the past.

When he looks back, Groat tries to focus on the good parts. “I loved the work at CIA. I’d come back from an op and couldn’t wait for what happens next,” he says. “I thought the work was good for the country. I was saddened by the way I was treated by the agency, because I tried to do my job.”

The CIA was unwilling to talk about Douglas Groat or anything connected with his case. Asked whether it has a team that goes around the globe breaking into foreign embassies and stealing codes, a spokesperson provided a five-word statement: “The CIA declined to comment.”

By David Wise
Smithsonian magazine, October 2012, Subscribe

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Spy Copters, Lasers, and Break-In Teams; How the FBI keeps watch on foreign diplomats.

Between 2006 and 2009, surveillance helicopters conducted daily flights over northwest Washington, D.C., taking high-resolution photographs of the new Chinese Embassy being constructed on Van Ness Street. The aircraft belonged to the Federal Bureau of Investigation, which wanted to determine where the embassy’s communications center was being located. But the Chinese construction crews hid their work on this part of the building by pulling tarpaulins over the site as it was being constructed.

The FBI also monitored the movements and activities of the Chinese construction workers building the embassy, who were staying at a Days Inn on Connecticut Avenue just north of the construction site, in the hopes of possibly recruiting one or two of them. According to one Chinese diplomat, his fellow officials detected individuals who they assumed to be FBI agents covertly monitoring the construction materials and equipment being used to build the embassy, which were stored on the University of the District of Columbia’s soccer field across the street from where the Chinese Embassy currently stands. The diplomat added that Chinese security officials assumed that the FBI agents were trying to determine whether it was possible to plant eavesdropping devices inside the construction materials stored at the site.

In recent weeks, the U.S. National Security Agency’s efforts to monitor foreign diplomats have become the stuff of worldwide headlines. But the FBI has been in the business of spying on diplomats and breaking their codes for far longer than the NSA has. The surveillance of the Chinese Embassy was just one piece of a far larger espionage operation. The FBI not only endeavors to steal or covertly compromise foreign government, military, and commercial computer, telecommunications, and encryption systems being used in the United States, but the FBI and NSA work closely to intercept the communications of all diplomatic missions and international organizations located on American soil. In some important respects, the FBI’s cryptologic work is more secretive than that being performed by the NSA because of the immense diplomatic sensitivity of these operations if they were to ever be exposed publicly.

The Bureau of Investigation, the predecessor to today’s FBI, has been monitoring diplomatic communications since at least 1910, when it periodically solved Mexican government and revolutionary group cable traffic coming in and out of the United States. And for over a century, the FBI and its predecessors have been aggressive practitioners of the age-old art of stealing codes and ciphers. In June 1916, Bureau of Investigations agents surreptitiously obtained a copy of the new Mexican consular code by picking the pockets of a Mexican diplomatic courier while he cavorted with “fast women” in one of the innumerable border fleshpots along the Rio Grande.
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Little has changed in the intervening century. Despite the creation of the NSA in 1952 to centralize in one agency all U.S. government signals intelligence (SIGINT) collection and processing work, the FBI, which did not respond to requests for comment for this story, has never ceased its own independent cryptologic efforts, especially when those efforts have been aim at diplomats on American soil.

***

The number of foreign government targets that the FBI monitors inside the United States is huge and growing. State Department records show that 176 countries maintain embassies in Washington, not including Cuba and Iran, which the U.S. government does not have diplomatic relations with but which maintain interest sections inside the Swiss and Pakistani embassies, respectively.

In addition, 115 of the 193 members of the United Nations maintain diplomatic missions of varying sizes in New York City. There are also 62 consulates in Los Angeles, 52 in Chicago, 42 in San Francisco, 38 in Houston, 35 in Miami, and 26 in Boston and Atlanta.

All told, there are almost 600 foreign government embassies, consulates, missions, or representative offices in the United States, all of which are watched to one degree or another by the counterintelligence officers of the FBI. Only eight countries do not maintain any diplomatic presence in the United States whatsoever, the most important of which is nuclear-armed North Korea.

Every one of these embassies and consulates is watched by the FBI’s legion of counterintelligence officers to one degree or another. But some countries’ receive the vast majority of the FBI’s attention, such as Russia, China, Libya, Israel, Egypt, Syria, Jordan, Lebanon, Saudi Arabia, Iraq, Afghanistan, India, Pakistan, and Venezuela. The Cuban and Iranian interests section in Washington — and their missions to the United Nations in New York — of course receive special attention as well.

Unsurprisingly, most of the FBI’s surveillance is technical in nature. For example, with substantial technical assistance from the NSA and the “big three” American telecommunications companies (AT&T, Verizon, and Sprint), the FBI taps the phones (including cell phones) of virtually every embassy and consulate in the United States. The FBI also intercepts the home phones and emails of many diplomats. The FBI’s Washington and New York field offices have special wiretap centers that specialize in collecting all telephone, email, instant messaging, text messaging, and cellular telephone traffic coming in and out of all high-priority diplomatic targets in the United States 24 hours a day, seven days a week. According to a former Justice Department source, over the past decade these extremely sensitive intercepts have identified a number of spies working for governments that were caught in the act of stealing U.S. government secrets, as well as a larger number of cases involving the theft of industrial secrets from American companies.

Since 1978, all electronic communications, both plaintext and encrypted, between these embassies and their home countries have been routinely intercepted by the NSA’s BLARNEY fiber-optic-cable intercept program. The NSA provides copies of all these intercepts, including telephone calls and emails, to the FBI’s secretive signals-intelligence unit, the Data Intercept Technology Unit (DITU) at the Quantico Marine Corps base in Northern Virginia, and to the FBI’s electronic-eavesdropping centers in Washington and New York.

The FBI also uses a wide range of vehicles and airborne surveillance assets to monitor the movements and activities of foreign diplomats and intelligence operatives in Washington and New York. Some of the vans, aircraft, and helicopters used by the FBI for this purpose are equipped with equipment capable of intercepting cell-phone calls and other electronic forms of communication. And when that doesn’t work, the FBI calls in the burglars.

***

Another important part of the FBI’s surveillance effort is dedicated to trying to surreptitiously get inside these diplomatic establishments on behalf of the NSA, which increasingly depends on the FBI to penetrate the computer and telecommunications networks used by these embassies and compromise their information security systems.

The FBI perfected this clandestine technique, known as the Surreptitious Entry Program operation, during Cold War intelligence-gathering operations directed at the Soviet Union and its Eastern European allies. These missions remain highly classified because of the diplomatic sensitivity surrounding breaking into the embassies of friends and enemies alike. In one instance during the 1960s, FBI agents reportedly drove a garbage truck into the central courtyard of the Czech Embassy in the middle of the night and spirited away one of the embassy’s cipher machines for study by the NSA’s code breakers.

The FBI is still conducting these highly sensitive operations. Specially trained teams of FBI agents are still periodically breaking into foreign embassies and consulates in the United States, primarily in New York and Washington. In New York, a special team of FBI burglars is based in a converted warehouse in Long Island City in Queens, according to a former FBI employee who worked there. The nondescript facility is large enough that the FBI can build mock-ups of the exteriors and interiors of embassies being targeted for break-ins. The FBI has a similar facility in Northern Virginia, where full-size mock-ups of embassies in Washington are constructed to train FBI teams prior to conducting black-bag jobs of the facilities.

To facilitate these operations, the FBI has a huge library of architectural drawings, floor plans, building permits, and any other documents that it can lay its hands on concerning the layouts of every embassy and consulate in the United States. Many of these documents were obtained in close conjunction with the diplomatic security staff of the State Department and the uniformed branch of the Secret Service, which is responsible for providing security for foreign diplomatic establishments in the United States. The FBI also interviews the repair and maintenance personnel who service the leased computers and telecommunications equipment used by a host of embassies and other diplomatic establishments in Washington and New York.

Since the 9/11 terrorist attacks, the tempo of FBI clandestine operations designed to steal, compromise, or influence foreign computer, telecommunications, or encryption systems has increased by several orders of magnitude. According to a former Justice Department official, over the past decade clandestine human-intelligence operations run by the FBI’s Washington and New York field offices have been enormously successful in compromising a wide range of computer systems and encryption technology used by foreign governments and corporate entities. In a number of important cases, these FBI operations have allowed the NSA’s code-breakers to penetrate foreign encryption systems that had defied the ability of the code-breakers to solve through conventional cryptanalytic means. For example, the FBI was able to give the NSA the daily changes in cipher keys for an encryption system used by a country in the developing world. In another case, the FBI was able to covertly insert spyware into the operating system of a computer being used by a foreign mission in New York, allowing the NSA to read the plaintext versions of cables before they were encrypted.

***

But by far the most productive and sensitive intelligence source about what is going on inside embassies and consulates in the United States is a joint FBI-NSA electronic-eavesdropping program known as Close Access SIGINT. It enables the FBI and NSA to listen to what is transpiring inside these buildings by using a wide range of covert technical sensors that are monitored in real time from covert listening posts located in close proximity to the targets.

Some of these operations involve spyware software that has been covertly planted inside the computer systems of embassies and consulates, which allows the NSA’s computer-hacking organization, the Office of Tailored Access Operations (TAO), to read in real time everything that is being stored on individual computers or on the computer network itself. Some of these implants are designed and operated by TAO. Others are designed by the FBI’s SIGINT unit, the DITU. Some sensors periodically copy the contents of computer hard drives; another sensor takes screen shots of documents being processed or reviewed on compromised computer systems. The FBI is also using sophisticated laser and acoustic systems to image and record the sounds of what is being typed on computers, according to a source with access to the trove of documents leaked to the media by former NSA contractor Edward Snowden.

To pick up the signals from these clandestine sensors, the FBI uses front companies to lease office space within line of sight of nearly 50 embassies and consulates in Washington and New York. In other instances, the FBI and NSA have installed disguised receivers on building rooftops near these embassies to pick up the data signals from clandestine sensors implanted inside these embassies and consulates. Some of these disguised receivers can clearly be seen on the rooftop of a building located within line of sight of the Chinese, Israeli, and Pakistani embassies on Van Ness Street in northwest Washington. It’s a neighborhood that’s awfully familiar to the FBI and its eavesdroppers.
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MICHAEL BRADLEY/AFP/Getty Images

Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror and The Secret Sentry: The Untold History of the National Security Agency.

BY MATTHEW M. AID | NOVEMBER 19, 2013

Find this story at 19 November 2013

© 2013 The Slate Group, LLC. All rights reserved.

UNLEASHED AND UNACCOUNTABLE; The FBI’s Unchecked Abuse of Authority

The Federal Bureau of Investigation serves a crucial role in securing the United States from
criminals, terrorists, and hostile foreign agents. Just as importantly, the FBI also protects civil
rights and civil liberties, ensures honest government, and defends the rule of law. Its agents serve
around the country and around the world with a high degree of professionalism and competence,
often under difficult and dangerous conditions. But throughout its history, the FBI has also
regularly overstepped the law, infringing on Americans’ constitutional rights while
overzealously pursuing its domestic security mission.
After the September 11, 2001 terrorist attacks, Congress and successive attorneys general
loosened many of the legal and internal controls that a previous generation had placed on the FBI
to protect Americans’ constitutional rights. As a result, the FBI is repeating mistakes of the past
and is again unfairly targeting immigrants, racial and religious minorities, and political dissidents
for surveillance, infiltration, investigation, and “disruption strategies.”
But modern technological innovations have significantly increased the threat to American liberty
by giving today’s FBI the capability to collect, store, and analyze data about millions of innocent
Americans. The excessive secrecy with which it cloaks these domestic intelligence gathering
operations has crippled constitutional oversight mechanisms. Courts have been reticent to
challenge government secrecy demands and, despite years of debate in Congress regarding the
proper scope of domestic surveillance, it took unauthorized leaks by a whistleblower to finally
reveal the government’s secret interpretations of these laws and the Orwellian scope of its
domestic surveillance programs.
There is evidence the FBI’s increased intelligence collection powers have harmed, rather than
aided, its terrorism prevention efforts by overwhelming agents with a flood of irrelevant data and
false alarms. Former FBI Director William Webster evaluated the FBI’s investigation of Maj.
Nadal Hasan prior to the Ft. Hood shooting and cited the “relentless” workload resulting from a
“data explosion” within the FBI as an impediment to proper intelligence analysis. And members
of Congress questioned several other incidents in which the FBI investigated but failed to
interdict individuals who later committed murderous terrorist attacks, including the Boston
Marathon bombing. While preventing every possible act of terrorism is an impossible goal, an
examination of these cases raise serious questions regarding the efficacy of FBI methods. FBI
data showing that more than half of the violent crimes, including over a third of the murders in
the U.S., go unsolved each year calls for a broader analysis of the proper distribution of law
enforcement resources.
With the appointment of Director James Comey, the FBI has seen its first change in leadership
since the 9/11 attacks, which provides an opportunity for Congress, the president, and the
attorney general to conduct a comprehensive evaluation of the FBI’s policies and programs. This
report highlights areas in which the FBI has abused its authority and recommends reforms to ensure the FBI fulfills its law enforcement and security missions with proper public oversight
and respect for constitutional rights and democratic ideals.
The report describes major changes to law and policy that unleashed the FBI from its traditional
restraints and opened the door to abuse. Congress enhanced many of the FBI’s surveillance
powers after 9/11, primarily through the USA Patriot Act and the Foreign Intelligence
Surveillance Act Amendments. The recent revelations regarding the FBI’s use of Section 215 of
the USA Patriot Act to track all U.S. telephone calls is only the latest in a long line of abuse.
Five Justice Department Inspector General audits documented widespread FBI misuse of Patriot
Act authorities in 2007 and 2008. Congress and the American public deserve to know the full
scope of the FBI’s spying on Americans under the Patriot Act and all other surveillance
authorities.
Attorney General Michael Mukasey rewrote the FBI’s rule book in 2008, giving FBI agents
unfettered authority to investigate anyone they choose without any factual basis for suspecting
wrongdoing. The 2008 Attorney General’s Guidelines created a new kind of intrusive
investigation called an “assessment,” which requires no “factual predicate” and can include
searches through government or commercial databases, overt or covert FBI interviews, and
tasking informants to gather information about anyone or to infiltrate lawful organizations. In a
two-year period from 2009 to 2011, the FBI opened over 82,000 “assessments” of individuals or
organizations, less than 3,500 of which discovered information justifying further investigation.
The 2008 guidelines also authorized the FBI’s racial and ethnic mapping program, which
allows the FBI to collect demographic information to map American communities by race and
ethnicity for intelligence purposes, based on crass racial stereotypes about the crimes each group
commits. FBI documents obtained by the American Civil Liberties Union show the FBI mapped
Chinese and Russian communities in San Francisco for organized crime purposes, all Latino
communities in New Jersey and Alabama because there are street gangs, African Americans in
Georgia to find “Black separatists,” and Middle-Eastern communities in Detroit for terrorism.
The FBI also claimed the authority to sweep up voluminous amounts of information secretly
from state and local law enforcement and private data aggregators for data mining purposes. In
2007, the FBI said it amassed databases containing 1.5 billion records, which were predicted to
grow to 6 billion records by 2012, which is equal to 20 separate “records” for every person in the
United States. The largest of these databases, the Foreign Terrorist Tracking Task Force,
currently has 360 staff members running 40 separate projects. A 2013 Inspector General audit
determined it “did not always provide FBI field offices with timely and relevant information.”
The next section of the report discusses the ways the FBI avoids accountability by skirting
internal and external oversight. The FBI, which Congress exempted from the Whistleblower
Protection Act, effectively suppresses internal dissent by retaliating against employees who
report waste, fraud, abuse, and illegality. As a result, 28 percent of non-supervisory FBI employees surveyed by the Inspector General said they “never” reported misconduct they saw or
heard about on the job. The FBI also aggressively investigates other government whistleblowers,
which has led to an unprecedented increase in Espionage Act prosecutions over the last five
years. And the FBI’s overzealous pursuit of government whistleblowers has also resulted in the
inappropriate targeting of journalists for investigation, infringing on free press rights. Recent
coverage of overbroad subpoenas for telephone records of Associated Press journalists and an
inappropriate search warrant for a Fox News reporter are only the latest examples of abuse. In
2010 the Inspector General reported the FBI used an illegal “exigent letter” to obtain the
telephone records of 7 New York Times and Washington Post reporters. And the FBI thwarts
congressional oversight with excessive secrecy and delayed or misleading responses to
questions from Congress.
Finally, the report highlights evidence of abuse that requires greater regulation, oversight, and
public accountability. These include many examples of the FBI targeting First Amendment
activities by spying on protesters and religious groups with aggressive tactics that infringe on
their free speech, religion, and associational rights. In 2011, the ACLU exposed flawed and
biased FBI training materials that likely fueled these inappropriate investigations.
The FBI also operates increasingly outside the United States, where its activities are more
difficult to monitor. Several troubling cases indicate the FBI may have requested, facilitated,
and/or exploited the arrests of U.S. citizens by foreign governments, often without charges, so
they could be held and interrogated, sometimes tortured, and then interviewed by FBI agents.
The ACLU represents two proxy detention victims, including Amir Meshal, who was arrested
at the Kenya border in 2007 and subjected to more than four months of detention in three
different East African countries without charge, access to counsel, or presentment before a
judicial officer, at the behest of the U.S. government. FBI agents interrogated Meshal more than
thirty times during his detention.
Other Americans traveling abroad discover that their government has barred them from flying;
the number of U.S. persons on the No Fly List has doubled since 2009. There is no fair
procedure for those mistakenly placed on the list to challenge their inclusion. Many of those
prevented from flying home have been subjected to FBI interviews after seeking assistance from
U.S. Embassies. The ACLU is suing the government on behalf of 10 American citizens and
permanent residents who were prevented from flying to the U.S., arguing that barring them from
flying without due process is unconstitutional.
These FBI abuses of authority must end. We call on President Barack Obama and Attorney
General Eric Holder to tighten FBI authorities to prevent unnecessary invasions of Americans’
privacy; prohibit profiling based on race, ethnicity, religion and national origin; and protect First
Amendment activities. And we call on Congress to make these changes permanent through
statute and improve oversight to prevent future abuse. The FBI serves a crucial role in protecting
Americans, but it must protect our rights as it protects our security.

Find this story at 17 September 2013

© ACLU

FBI Taps Hacker Tactics to Spy on Suspects

Law-Enforcement Officials Expand Use of Tools Such as Spyware as People Under Investigation ‘Go Dark,’ Evading Wiretaps

Law-enforcement officials in the U.S. are expanding the use of tools routinely used by computer hackers to gather information on suspects, bringing the criminal wiretap into the cyber age.

Federal agencies have largely kept quiet about these capabilities, but court documents and interviews with people involved in the programs provide new details about the hacking tools, including spyware delivered to computers and phones through email or Web links—techniques more commonly associated with attacks by criminals.

People familiar with the Federal Bureau of Investigation’s programs say that the use of hacking tools under court orders has grown as agents seek to keep up with suspects who use new communications technology, including some types of online chat and encryption tools. The use of such communications, which can’t be wiretapped like a phone, is called “going dark” among law enforcement.

A spokeswoman for the FBI declined to comment.

The FBI develops some hacking tools internally and purchases others from the private sector. With such technology, the bureau can remotely activate the microphones in phones running Google Inc.’s GOOG +0.10% Android software to record conversations, one former U.S. official said. It can do the same to microphones in laptops without the user knowing, the person said. Google declined to comment.

The bureau typically uses hacking in cases involving organized crime, child pornography or counterterrorism, a former U.S. official said. It is loath to use these tools when investigating hackers, out of fear the suspect will discover and publicize the technique, the person said.

The FBI has been developing hacking tools for more than a decade, but rarely discloses its techniques publicly in legal cases.
Related

Earlier this year, a federal warrant application in a Texas identity-theft case sought to use software to extract files and covertly take photos using a computer’s camera, according to court documents. The judge denied the application, saying, among other things, that he wanted more information on how data collected from the computer would be minimized to remove information on innocent people.

Since at least 2005, the FBI has been using “web bugs” that can gather a computer’s Internet address, lists of programs running and other data, according to documents disclosed in 2011. The FBI used that type of tool in 2007 to trace a person who was eventually convicted of emailing bomb threats in Washington state, for example.

The FBI “hires people who have hacking skill, and they purchase tools that are capable of doing these things,” said a former official in the agency’s cyber division. The tools are used when other surveillance methods won’t work: “When you do, it’s because you don’t have any other choice,” the official said.

Surveillance technologies are coming under increased scrutiny after disclosures about data collection by the National Security Agency. The NSA gathers bulk data on millions of Americans, but former U.S. officials say law-enforcement hacking is targeted at very specific cases and used sparingly.

Still, civil-liberties advocates say there should be clear legal guidelines to ensure hacking tools aren’t misused. “People should understand that local cops are going to be hacking into surveillance targets,” said Christopher Soghoian, principal technologist at the American Civil Liberties Union. “We should have a debate about that.”

Mr. Soghoian, who is presenting on the topic Friday at the DefCon hacking conference in Las Vegas, said information about the practice is slipping out as a small industry has emerged to sell hacking tools to law enforcement. He has found posts and resumes on social networks in which people discuss their work at private companies helping the FBI with surveillance.

A search warrant would be required to get content such as files from a suspect’s computer, said Mark Eckenwiler, a senior counsel at Perkins Coie LLP who until December was the Justice Department’s primary authority on federal criminal surveillance law. Continuing surveillance would necessitate an even stricter standard, the kind used to grant wiretaps.

But if the software gathers only communications-routing “metadata”—like Internet protocol addresses or the “to” and “from” lines in emails—a court order under a lower standard might suffice if the program is delivered remotely, such as through an Internet link, he said. That is because nobody is physically touching the suspect’s property, he added.

An official at the Justice Department said it determines what legal authority to seek for such surveillance “on a case-by-case basis.” But the official added that the department’s approach is exemplified by the 2007 Washington bomb-threat case, in which the government sought a warrant even though no agents touched the computer and the spyware gathered only metadata.

In 2001, the FBI faced criticism from civil-liberties advocates for declining to disclose how it installed a program to record the keystrokes on the computer of mobster Nicodemo Scarfo Jr. to capture a password he was using to encrypt a document. He was eventually convicted.

A group at the FBI called the Remote Operations Unit takes a leading role in the bureau’s hacking efforts, according to former officials.

Officers often install surveillance tools on computers remotely, using a document or link that loads software when the person clicks or views it. In some cases, the government has secretly gained physical access to suspects’ machines and installed malicious software using a thumb drive, a former U.S. official said.

The bureau has controls to ensure only “relevant data” are scooped up, the person said. A screening team goes through all of the data pulled from the hack to determine what is relevant, then hands off that material to the case team and stops working on the case.

The FBI employs a number of hackers who write custom surveillance software, and also buys software from the private sector, former U.S. officials said.

Italian company HackingTeam SRL opened a sales office in Annapolis, Md., more than a year ago to target North and South America. HackingTeam provides software that can extract information from phones and computers and send it back to a monitoring system. The company declined to disclose its clients or say whether any are in the U.S.

U.K.-based Gamma International offers computer exploits, which take advantage of holes in software to deliver spying tools, according to people familiar with the company. Gamma has marketed “0 day exploits”—meaning that the software maker doesn’t yet know about the security hole—for software including Microsoft Corp.’s Internet Explorer, those people said. Gamma, which has marketed its products in the U.S., didn’t respond to requests for comment, nor did Microsoft.

The Wall Street Journal
August 1, 2013, 6:59 p.m. ET
By JENNIFER VALENTINO-DEVRIES and DANNY YADRON

Find this story at 1 August 2013

Copyright ©2013 Dow Jones & Company, Inc.

Jailed for Life for Stealing a $159 Jacket? 3,200 Serving Life Without Parole for Nonviolent Crimes

A shocking new study by the American Civil Liberties Union has found that more than 3,200 people nationwide are serving life terms without parole for nonviolent offenses. Of those prisoners, 80 percent are behind bars for drug-related convictions. Sixty-five percent are African-American, 18 percent are white, and 16 percent are Latino — evidence of what the ACLU calls “extreme racial disparities.” The crimes that led to life sentences include stealing gas from a truck, shoplifting, possessing a crack pipe, facilitating a $10 sale of marijuana, and attempting to cash a stolen check. We speak with Jennifer Turner, human rights researcher and author of the new ACLU report, “A Living Death: Life Without Parole for Nonviolent Offenses.”
Transcript

This is a rush transcript. Copy may not be in its final form.

JUAN GONZÁLEZ: A shocking new study by the American Civil Liberties Union has found that more than 3,200 people nationwide are serving life terms without parole for nonviolent offenses. Of those prisoners, 80 percent are behind bars for drug-related crimes. Sixty-five percent are African-American, 18 percent are white, and 16 percent are Latino—evidence of what the ACLU calls “extreme racial disparities.” The crimes that led to life sentences include stealing gas from a truck, shoplifting, possessing a crack pipe, facilitating a $10 sale of marijuana, and attempting to cash a stolen check.

AMY GOODMAN: Sixty-three percent of those serving life without parole for these nonviolent offenses are in federal prisons. Most were sentenced under mandatory minimum laws. The ACLU says keeping nonviolent offenders behind bars for life is costing taxpayers an additional $1.8 billion. In a minute, we’ll be joined by the author of the study. But first, this is a clip from a video that features family members of some of the more than 600 prisoners it profiles.

SARLOWER SURRY: Everything he did was to hurt himself, not others. And it went from—from one-year sentence to two-year sentence to natural life.

CASHAWNA TILMAN: My dad will never get out for something so little? Natural life.

LORETTA LUMAR: For stealing a $150 jacket. And that $150 jacket got him life in prison.

SARLOWER SURRY: Here in Louisiana, they use that habitual offender law: Three strikes, you automatically get natural life.

CATHERINE MATTHEWS: It’s like giving him a death sentence, because this is no life—no life for a man with his children or his parents or anybody else, once they’re in there.

BURL CAIN: Judge should have the discretion not to give a life sentence. I mean, that’s extreme. You tell that to anybody, they’ll say, “Ah, nah-uh, that’s a little bit too much.” That almost gets to be the point that that’s not what the forefathers envisioned, even with the Constitution. That’s extreme. That’s cruel and unusual punishment, to me.

CASHAWNA TILMAN: He’s a good person, my dad. I mean, he’s always—like I said, he’s always been there for me and my sister and brother. He’s always done his best, until he started abusing the drugs.

CATHERINE MATTHEWS: And a lot of times with Patrick, with the drugs, it came down to not being able to find work.

SARLOWER SURRY: Life sentence is no way to deal with a drug addiction.

EISIBE SNEED: My son wasn’t a menace to society.

DELOICE LEWIS: He would give his shirt off his back.

CATHERINE MATTHEWS: And being so tenderhearted in a place like that, it just doesn’t fit. It’s changed him that way, because I notice he is getting a little colder. I find that he’s not believing and he’s not keeping his faith as much. He’s not—like, he’s like, “I’m about ready to give up on this.”

WILLIE COMBS: Oh, it’s been hard. I go down there and see him. I can’t hardly stand to leave him, but I know I have to go. It be hard. It be hard.

CATHERINE MATTHEWS: To tell him what I ate for Thanksgiving, and he couldn’t eat it, you know, it’s hard. It’s little things like that.

DELOICE LEWIS: And my birthday coming up, and those are days I break.

BURL CAIN: But if this person can go back and be a productive citizen and not commit crimes again, these nonviolent crimes, then why are we keeping him here, spending all this money? Because maybe I’ve done my job, so he should have a parole hearing.

SARLOWER SURRY: There’s too many families that’s suffering out here.

LORETTA LUMAR: Give him a second chance. He’s 54 years old now.

WILLIE COMBS: I’m looking for things to change.

CATHERINE MATTHEWS: Because these boys are just getting wasted away in these prisons for no reason.

AMY GOODMAN: That’s a clip from a video that accompanies the ACLU’s new report, “A Living Death: Life Without Parole for Nonviolent Offenses.” For more, we’re joined by its author, Jennifer Turner, human rights researcher with the American Civil Liberties Union.

Welcome to Democracy Now! I mean, it is just astounding. A man—the story we just heard; another story, a man walks out of a store with a coat slung over his shoulder, $159, gets life in prison without parole.

JENNIFER TURNER: Absolutely. These sentences are grotesquely out of proportion of the crimes that they’re seeking to punish. And we found that 3,278 people are serving life without the possibility of parole for nonviolent crimes, but these numbers actually underrepresent the true state of extreme sentencing in this country. Those numbers don’t account for those who will die in prison because of sentences such as 350 years for a drug sale. It also doesn’t account for the many millions of lives ruined by excessive sentencing in this country, as well.

JUAN GONZÁLEZ: And especially the impact of federal mandatory minimum sentencings, could you talk about that and the efforts to try to roll back some of those—some of those laws?

JENNIFER TURNER: Yeah, what we found was that over 80 percent of these sentences were mandatory, both in the federal system and in the states. They’re the direct consequence of laws passed over the 40-year war on drugs and tough-on-crime policies that included mandatory minimum sentencing laws, habitual offender laws in the states.

And they tie judges’ hands. And in case after case after case that I reviewed, the judge said from the bench—outraged, would say, “I oppose this sentence as a citizen, as a taxpayer, as a judge. I disagree with the sentence in this case, but my hands are tied.” And one judge said, when sentencing one man to life without parole for selling tiny quantities of crack over a period of just a couple of weeks, he said, “This is a travesty. It’s just silly. But I have no choice.”

AMY GOODMAN: What if a judge said no?

JENNIFER TURNER: The judges can’t say no. In fact, I looked at cases where the judges tried to say no, where the judge tried to find a legal loophole, where prosecutors appealed, repeatedly. One man was sentenced to zero time in prison by a Louisiana judge for threatening a cop while handcuffed in the back of a police cruiser. He was drunk, threatened him, was sentenced initially to no time. The prosecutor appealed; the sentence increased to 10 years. Prosecutor appealed again. On the third appeal, it was increased to life without parole as a mandatory sentence because of his priors dating back as much as 20 years earlier.

AMY GOODMAN: Let’s go to another case. Another person profiled in your report, in the ACLU report, is Sharanda Jones. She was sentenced to life for conspiracy to distribute crack cocaine when she was a 32-year-old mother, with a nine-year-old daughter—no prior arrests. No drugs were found on her, but her supposed co-conspirators testified against her in exchange for reduced sentences. In this clip from the film, The War on Drugs, she talks about being separated from her daughter.

SHARANDA JONES: My sister bring her to visit. And every time she come, it’s hard. I see her like once a month. And to see her grow from a little bitty baby to almost a grown woman now, it’s just like, God, my dream is to just show up at her school. I mean, I know they gave me life, but I can’t imagine not being at her graduation, her high school graduation. I just can’t imagine me not being there.

AMY GOODMAN: Sharanda Jones. Jennifer, tell us more about her case.

JENNIFER TURNER: Well, Sharanda was caught up in a massive drug sweep in a majority white town in Texas. Over a hundred people were arrested, all of whom were black. Chuck Norris participated in some of the arrests. Sharanda had no information to trade for a lenient—a more lenient sentence. And the judge was required to sentence her to life without parole, objected to the sentence, but he had not choice.

AMY GOODMAN: So, they had nothing on her, but—

JENNIFER TURNER: They had nothing but one wiretap. What happened was, a couple had been arrested on drug charges and began cooperating with the feds as confidential informants and, from there, started implicating others in the community. They called Sharanda and said, “Hey, do you know where we can get some drugs?” The wiretap caught Sharanda saying, “Let me see what I can do.” That was the extent of the evidence against her, with the exception of testimony from these confidential informants and other co-conspirators. They never found any drugs on her. There were no even video surveillance of her with drugs. But she was sentenced to life without parole.

A single mother. Her daughter Clenesha has been separated her for many, many, many years. And Sharanda maintains a very close relationship with her daughter. She carefully apportions the 300 minutes she’s allowed to use per month for non-legal calls to call her daughter 10 minutes each day. When I talk to Sharanda on the phone, she’s like, “I’ve got to go! I can’t use up my minutes; I need to speak with my daughter.”

And Sharanda, unfortunately, has no relief available. Her sentence is final, like those of everyone else we were profiling. They have really no chance of relief unless President Obama, in Sharanda’s case, because it’s a federal case, or, in the states, where the governors use their executive clemency powers to reduce their sentence.

JUAN GONZÁLEZ: Could you talk about the racial disparities that your report highlights? They’re really amazing. I mean, everyone knows that African Americans and Latinos are disproportionately incarcerated, but in terms of these life-without-parole sentences, the amazing percentage of African Americans, specifically, in states like Louisiana, 91 percent are African-American.

JENNIFER TURNER: The racial disparities are staggering. Obviously, as you said, that blacks are treated disparately throughout the criminal justice system, but what we found was that in life-without-parole sentencing for nonviolent crimes, those disparities are even more marked. Nationwide, 65 percent of people serving these sentences for nonviolent crimes are black; 18 percent are white. In the federal system, blacks are 20 times more likely to be sentenced to life without parole for nonviolent crime. In some states it’s even higher. In Louisiana, where 91 percent of the people serving these sentences are black, they’re 23 times more likely. In the federal system, Latinos are five times more likely to be sentenced to life for nonviolent crime than whites.

AMY GOODMAN: So, the avenue for this to be changed is legislation?

JENNIFER TURNER: There are very clear avenues for change. These sentences are really symptomatic of the larger problem of excessive sentencing in this country. Many, many, many more thousands of people are serving excessive sentences that are disproportionate to their crimes. And they’re all the result of the 40-year war on drugs and tough-on-crime policies, such as mandatory minimums and three-strikes laws. We simply need to repeal the laws that led to these sentences. And with growing national consensus across both sides of the political aisle that mandatory minimum sentences, for instance, are a travesty of justice, this is quite possible. There have been two bipartisan bills introduced in Congress that would somewhat reduce the reach of mandatory minimum sentencing laws.

But also, as I mentioned before, the—President Obama, who has the worst pardon record of any modern president—he has pardoned five turkeys and commuted the sentence of only one prisoner—he does have the power and authority to review the sentences of the over 2,000 people like Sharanda serving life without parole for a nonviolent crime, and he can reduce their sentence. Same with state governors.

JUAN GONZÁLEZ: And as you note, even if there were changes in the law, these more than 3,000 people that have already been sentenced would not necessarily be affected. It would have to take some executive action by governors or by the president to get some of them—to assure they don’t die in prison, essentially.

JENNIFER TURNER: Absolutely. Some sentencing reforms have been retroactive, and certainly future sentencing reforms could be retroactive, and that’s what we’re calling for. But for many of these people, their only chance at release is some form of clemency. And we have a petition online on our website where you can all take action to call on President Obama to review these sentences and impose a fairer and smarter sentence for these prisoners.

AMY GOODMAN: Finally, just to shift gears a bit, about a year ago you came out with a report, “Island of Impunity: Puerto Rico’s Outlaw Police Force.” Explain what’s happening now.

JENNIFER TURNER: Absolutely. In Puerto Rico, I looked at Puerto Rico Police Department because it’s the second largest in the country, second only to NYPD, and because its policing practices are really off the map. We found that the police force uses lethal force at a rate much higher than other police departments—three times the per capita rate of police shootings by the NYPD, for instance; uses excessive force against protesters; brutal beatings of low-income and black Puerto Ricans and Dominican immigrants.

And we sued the police department, called on the Department of Justice to investigate the police department. And just in August, the department was entered into a consent decree with the Justice Department. And two weeks ago, a monitor was appointed to oversee the reform effort and to ensure that the police department actually institutes the reforms that they’ve promised to institute. One week ago, a top New York Police Department officer was appointed superintendent of the police force to start this reform process.

So it’s really the very beginning stages, and we will be watching closely to make sure the police department does follow through on its promise for reforms, which are truly an overhaul of the police force, which is required. The police force is so dysfunctional that it needs to be overhauled at all levels, from basic policies put in place to holding cops accountable when they kill or hurt people, as well as changing the reporting mechanisms. Really, everything has to be reformed in that police department.

AMY GOODMAN: Jennifer Turner, we want to thank you very much for being with us, human rights researcher with the American Civil Liberties Union, wrote the ACLU’s new report, “A Living Death: Life Without Parole for Nonviolent Offenses,” also authored the report, “Island of Impunity: Puerto Rico’s Outlaw Police Force.” We’ll link to both of them at democracynow.org. When we come back, Calle 13 joins us here in studio. Stay with us.

The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

Friday, November 15, 2013

Find this story at 15 November 2013

A Living Death: Life Without Parole for Nonviolent Offenses

Life in prison without a chance of parole is, short of execution, the harshest imaginable punishment.1 Life without parole (LWOP) is permanent removal from society with no chance of reentry, no hope of freedom. One should expect the American criminal justice system to condemn someone to die in prison only for the most serious offenses.

Yet across the country, thousands of people are serving life sentences without the possibility of parole for nonviolent crimes as petty as siphoning gasoline from an 18-wheeler, shoplifting three belts, breaking into a parked car and stealing a woman’s bagged lunch, or possessing a bottle cap smeared with heroin residue. In their cruelty and harshness, these sentences defy common sense. They are grotesquely out of
proportion to the conduct they seek to punish. They offend the principle that all people have the right to be treated with humanity and respect for their inherent dignity.

This report documents the thousands of lives ruined and families destroyed by sentencing people to die behind bars for nonviolent offenses, and includes detailed case studies of 110 such people. It also includes a detailed fiscal analysis tallying the $1.784 billion cost to taxpayers to keep the 3,278
prisoners currently serving LWOP for nonviolent offenses incarcerated for the rest of their lives.
Our findings are based on extensive documentation of the cases of 646 prisoners serving LWOP for nonviolent offenses in the federal system and nine states. The data in this report is from the United States Sentencing Commission, Federal Bureau of Prisons, and state Departments of Corrections, obtained pursuant to Freedom of Information Act and open records requests filed by the ACLU. Our research is also
based on telephone interviews conducted by the ACLU with prisoners, their lawyers, and family members; correspondence with prisoners serving life without parole for nonviolent offenses; a survey of 355 prisoners serving life without parole for nonviolent offenses; and media and court records searches.

Sentenced to Die Behind Bars for Nonviolent Crimes

Using data obtained from the Bureau of Prisons and state Departments of Corrections, the ACLU calculates that as of 2012, there were 3,278 prisoners serving LWOP for nonviolent drug and property crimes in the federal system and in nine states that provided such statistics (there may well be more such prisoners in other states). About 79 percent of these 3,278 prisoners are serving LWOP for nonviolent drug crimes. Nearly two-thirds of prisoners serving LWOP for nonviolent offenses nationwide are in the federal system; of these, 96 percent are serving LWOP for drug crimes. More than 18 percent of federal prisoners surveyed by the ACLU are serving LWOP for their first offenses. Of the states that sentence nonviolent offenders to LWOP, Louisiana, Florida, Alabama, Mississippi, South Carolina, and Oklahoma have the highest numbers of prisoners serving LWOP for nonviolent crimes, largely due to three-strikes and other kinds of habitual offender laws that mandate an LWOP sentence for the commission of a nonviolent crime.

The overwhelming majority (83.4 percent) of the LWOP sentences for nonviolent crimes surveyed by the ACLU
were mandatory. In these cases, the sentencing judges had no choice in sentencing due to laws requiring mandatory minimum periods of imprisonment, habitual offender laws, statutory penalty enhancements, or other sentencing rules that mandated LWOP. Prosecutors, on the other hand, have immense power over defendants’ fates: whether or not to charge a defendant with a sentencing enhancement triggering an LWOP sentence is within their discretion. In case after case reviewed by the ACLU, the sentencing judge said on
the record that he or she opposed the mandatory LWOP sentence as too severe but had no discretion to take individual circumstances into account or override the prosecutor’s charging decision.

As striking as they are, the numbers documented in this report underrepresent the true number of people who will die in prison after being convicted of a nonviolent crime in this country. The thousands of people noted above do not include the substantial number of prisoners who will die behind bars
after being convicted of a crime classified as “violent” (such as a conviction for assault after a bar fight), nor do the numbers include “de facto” LWOP sentences that exceed the convicted person’s natural lifespan, such as a sentence of 350 years for a series of nonviolent drug sales. Although less-violent and
de facto LWOP cases fall outside of the scope of this report, they remain a troubling manifestation of extreme sentencing policies in this country.

Nonviolent Crimes that Result in Life-without-Parole Sentences

We documented scores of cases in which people were sentenced to LWOP for nonviolent drug crimes of possession, sale, or distribution of marijuana, methamphetamine, crack and powder cocaine, heroin, or other drugs, including the following:
• possession of a crack pipe
• possession of a bottle cap containing a trace, unweighable amount of heroin
• having a trace amount of cocaine in clothes pockets that was so minute it was invisible to
the naked eye and detected only in lab tests
• having a single, small crack rock at home
• possession of 32 grams of marijuana with intent to distribute
• acting as a go-between in the sale of $10 of marijuana to an undercover officer
• selling a single crack rock
• verbally negotiating another man’s sale of two small pieces of fake crack to an undercover officer
• serving as a middleman in the sale of $20 of crack to an undercover officer
• sharing several grams of LSD with Grateful Dead concertgoers
• having a stash of over-the-counter decongestant pills that could be manufactured into methamphetamine

In cases documented by the ACLU, the nonviolent property crimes that resulted in life-without-parole sentences include the following:
• attempting to cash a stolen check
• a junk-dealer’s possession of stolen junk metal (10 valves and one elbow pipe)
• possession of stolen wrenches
• siphoning gasoline from a truck
• stealing tools from a tool shed and a welding machine from a yard
• shoplifting three belts from a department store
• shoplifting several digital cameras
• shoplifting two jerseys from an athletic store
• taking a television, circular saw, and a power converter from a vacant house
• breaking into a closed liquor store in the middle of the night

Other nonviolent crimes that resulted in life-without-parole sentences include the following:
• making a drunken threat to a police officer while handcuffed in the back of a patrol car
• possession of a firearm by a convicted felon
• taking an abusive stepfather’s gun from their shared home

These cases are not outliers or flukes. Sentencing nonviolent offenders to die in prison is the direct outcome of harsh sentencing laws. This is the end result of policies put in place in the 1980s and 1990s: mothers and fathers separated from their children forever, toddlers and teens left parentless for a lifetime, aging and infirm parents left without family, first-time nonviolent offenders permanently denied a second chance, and young Black and low-income men and women locked up for the rest of their lives at as young as 18 years old.

Who is Serving Life without Parole for Nonviolent Crimes?

In the cases we documented, the prisoners serving LWOP are generally first-time drug offenders or nonviolent repeat offenders. These nonviolent lifers include drug couriers; drug addicts who sold small amounts of drugs in order to support their addictions; petty thieves; and girlfriends or wives who were caught up in the mass arrests of members of drug conspiracies and, because they knew little about their partners’ or ex-partners’ drug activities, were unable to trade information for more lenient sentences. Some did distribute large quantities of drugs but have been incarcerated for decades and have demonstrated both remorse and rehabilitation. Others were sentenced to LWOP for crimes they committed as teenagers, in some cases for their minor roles in drug conspiracies starting when they were as young as 15 years old. Several are Vietnam War veterans who were introduced to drugs during their military service and battled
addiction after leaving the military. The vast majority come from poor families and did not graduate from high school.

Most are Black, and in some cases the circumstances of their stop, search, and subsequent arrests appear to have involved racial profiling. Some are mentally ill and imprisoned for behavior directly related to their mental illnesses. Others spiraled into drug addiction when they could not find work, and some began selling drugs to pay the bills after they lost their jobs or to pay off medical debts incurred when they
were uninsured. Most of the nonviolent crimes for which these prisoners are serving life without parole would be more appropriately addressed outside of the criminal justice system altogether, some by significantly shorter incarceration, and some with more readily available drug treatment and mental health
resources. In many of the cases documented by the ACLU, offenders committed their crimes because of drug addictions and had never been offered state-sponsored drug treatment, even during previous brief stints in jail and despite their willingness to enter treatment. Many of these addicts told the ACLU they asked for treatment after previous drug arrests but were denied. When they reoffended, they were locked up
for the rest of their lives.

Racial Disparity in Life-without- Parole Sentencing

There is a staggering racial disparity in life-withoutparole sentencing for nonviolent offenses. Blacks are disproportionately represented in the nationwide prison and jail population, but the disparities are even worse among the nationwide LWOP population and worse still among the nonviolent LWOP population. Based on data provided by the United States Sentencing Commission and state Departments of Corrections, the ACLU estimates that nationwide, 65.4 percent of prisoners serving LWOP for nonviolent offenses are Black, 17.8 percent are white, and 15.7 percent are Latino.

In the 646 cases examined for this report, the ACLU found that 72.9 percent of these documented prisoners serving LWOP for nonviolent offenses are Black, 19.8 percent are white, and 6.9 percent are Latino.
According to data collected and analyzed by the ACLU, Black prisoners comprise 91.4 percent of the nonviolent LWOP prison population in Louisiana, 78.5 percent in Mississippi, 70 percent in Illinois, 68.2 percent in South Carolina, 60.4 percent in Florida, 57.1 percent in Oklahoma, and 60 percent in the federal system. In the federal system, Blacks were sentenced to LWOP for nonviolent crimes at 20 times the
rate of whites. In Louisiana, the ACLU’s survey found that Blacks were 23 times more likely than whites to be sentenced to LWOP for a nonviolent crime. The racial disparities range from 33-to-1 in Illinois to 18-to-1 in Oklahoma, 8-to-1 in Florida, and 6-to-1 in Mississippi.

The rate of Latinos serving LWOP for nonviolent offenses ranges from a high of 12.7 per 1,000,000 residents in Louisiana to 9 in Oklahoma, 7.32 in Florida, 1.25 in Illinois, 11.24 in the federal system, and 0 in South Carolina and Mississippi. Latinos are serving life without parole for nonviolent crimes
at a rate that is almost 8 times the rate of whites in Illinois and almost twice the rate of whites in Louisiana. Blacks are sentenced to life without parole for nonviolent offenses at rates that suggest unequal treatment and that cannot be explained by white and Black defendants’ differential involvement in crime alone.

Find the report at

Over 3,000 US prisoners serving life without parole for non-violent crimes

ACLU report chronicles thousands of lives ruined by life sentences for crimes such as shoplifting or possession of a crack pipe

65% of the prisoners identified nationwide by the ACLU are African American. In Louisiana, that proportion rises to 91%. Photograph: Peter Macdiarmid/Getty Images

At about 12.40pm on 2 January 1996, Timothy Jackson took a jacket from the Maison Blanche department store in New Orleans, draped it over his arm, and walked out of the store without paying for it. When he was accosted by a security guard, Jackson said: “I just needed another jacket, man.”

A few months later Jackson was convicted of shoplifting and sent to Angola prison in Louisiana. That was 16 years ago. Today he is still incarcerated in Angola, and will stay there for the rest of his natural life having been condemned to die in jail. All for the theft of a jacket, worth $159.

Jackson, 53, is one of 3,281 prisoners in America serving life sentences with no chance of parole for non-violent crimes. Some, like him, were given the most extreme punishment short of execution for shoplifting; one was condemned to die in prison for siphoning petrol from a truck; another for stealing tools from a tool shed; yet another for attempting to cash a stolen cheque.

“It has been very hard for me,” Jackson wrote to the American Civil Liberties Union (ACLU) as part of its new report on life without parole for non-violent offenders. “I know that for my crime I had to do some time, but a life sentence for a jacket value at $159. I have met people here whose crimes are a lot badder with way less time.”

Senior officials at Angola prison refused to allow the Guardian to speak to Jackson, on grounds that it might upset his victims – even though his crime was victim-less. But his sister Loretta Lumar did speak to the Guardian. She said that the last time she talked by phone with her brother he had expressed despair. “He told me, ‘Sister, this has really broke my back. I’m ready to come out.’”

Lumar said that she found her brother’s sentence incomprehensible. “This doesn’t make sense to me. I know people who have killed people, and they get a lesser sentence. That doesn’t make sense to me right there. You can take a life and get 15 or 16 years. He takes a jacket worth $159 and will stay in jail forever. He didn’t kill the jacket!”

The ACLU’s report, A Living Death, chronicles the thousands of lives ruined and families destroyed by the modern phenomenon of sentencing people to die behind bars for non-violent offences. It notes that contrary to the expectation that such a harsh penalty would be meted out only to the most serious offenders, people have been caught in this brutal trap for sometimes the most petty causes.

Ronald Washington, 48, is also serving life without parole in Angola, in his case for shoplifting two Michael Jordan jerseys from a Foot Action sportswear store in Shreveport, Louisiana, in 2004. Washington insisted at trial that the jerseys were reduced in a sale to $45 each – which meant that their combined value was below the $100 needed to classify the theft as a felony; the prosecution disagreed, claiming they were on sale for $60 each, thus surpassing the $100 felony minimum and opening him up to a sentence of life without parole.

“I felt as though somebody had just taken the life out of my body,” Washington wrote to the ACLU about the moment he learnt his fate. “I seriously felt rejected, neglected, stabbed right through my heart.”

He added: “It’s a very lonely world, seems that nobody cares. You’re never ever returning back into society. And whatever you had or established, its now useless, because you’re being buried alive at slow pace.”

Louisiana, where both Washington and Jackson are held, is one of nine states where prisoners are serving life without parole sentences for non-violent offences (other states with high numbers are Alabama, Florida, Mississippi, Oklahoma and South Carolina). An overwhelming proportion of those sentences – as many as 98% in Louisiana – were mandatory: in other words judges had no discretion but to impose the swingeing penalties.

The warden of Angola prison, Burl Cain, has spoken out in forthright terms against a system that mandates punishment without any chance of rehabilitation. He told the ACLU: “It’s ridiculous, because the name of our business is ‘corrections’ – to correct deviant behaviour. If I’m a successful warden and I do my job and we correct the deviant behaviour, then we should have a parole hearing. I need to keep predators in these big old prisons, not dying old men.”

The toll is not confined to the state level: most of those non-violent inmates held on life without parole sentences were given their punishments by the federal government. More than 2,000 of the 3,281 individuals tracked down on these sentences by the ACLU are being held in the federal system. Overall, the ACLU has calculated that taxpayers pay an additional $1.8bn to keep the prisoners locked up for the rest of their lives.
Timothy Jackson, in an old license photograph. Photograph: Jackson family
‘It doesn’t have to be this way’

Until the early 1970s, life without parole sentences were virtually unknown. But they exploded as part of what the ACLU calls America’s “late-twentieth-century obsession with mass incarceration and extreme, inhumane penalties.”

The report’s author Jennifer Turner states that today, the US is “virtually alone in its willingness to sentence non-violent offenders to die behind bars.” Life without parole for non-violent sentences has been ruled a violation of human rights by the European Court of Human Rights. The UK is one of only two countries in Europe that still metes out the penalty at all, and even then only in 49 cases of murder.

Even within America’s starkly racially-charged penal system, the disparities in non-violent life without parole are stunning. About 65% of the prisoners identified nationwide by the ACLU are African American. In Louisiana, that proportion rises to 91%, including Jackson and Washington who are both black.

The US has the highest incarceration rate in the world, with 2.3 million people now in custody, with the war on drugs acting as the overriding push-factor. Of the prisoners serving life without parole for non-violent offences nationwide, the ACLU estimates that almost 80% were for drug-related crimes.

Again, the offences involved can be startlingly petty. Drug cases itemised in the report include a man sentenced to die in prison for having been found in possession of a crack pipe; an offender with a bottle cap that contained a trace of heroin that was too small to measure; a prisoner arrested with a trace amount of cocaine in their pocket too tiny to see with the naked eye; a man who acted as a go-between in a sale to an undercover police officer of marijuana – street value $10.

Drugs are present in the background of Timothy Jackson’s case too. He was high when he went to the Maison Blanche store, and he says that as a result he shoplifted “without thinking”. Paradoxically, like many of the other prisoners on similar penalties, the first time he was offered drug treatment was after he had already been condemned to spend the rest of his life in jail.

The theft of the $159 jacket, taken in isolation, carries today a six-month jail term. It was combined at Jackson’s sentencing hearing with his previous convictions – all for non-violent crimes including a robbery in which he took $216 – that brought him under Louisiana’s brutal “four-strikes” law by which it became mandatory for him to be locked up and the key thrown away.

The ACLU concludes that it does not have to be this way – suitable alternatives are readily at hand, including shorter prison terms and the provision of drug treatment and mental health services. The organisation calls on Congress, the Obama administration and state legislatures to end the imposition of mandatory life without parole for non-violent offenders and to require re-sentencing hearings for all those already caught in this judicial black hole.

A few months after Timothy Jackson was put away for life, a Louisiana appeals court reviewed the case and found it “excessive”, “inappropriate” and “a prime example of an unjust result”. Describing Jackson as a “petty thief”, the court threw out the sentence.

The following year, in 1998, the state’s supreme court gave a final ruling. “This sentence is constitutionally excessive in that it is grossly out of proportion to the seriousness of the offence,” concluded Judge Bernette Johnson. However, she found that the state’s four strikes law that mandates life without parole could only be overturned in rare instances, and as a result she reinstated the sentence – putting Jackson back inside his cell until the day he dies.

“I am much older and I have learned a lot about myself,” Jackson wrote to the ACLU from that cell. “I am sorry for the crime that I did, and I am a changed man.”

Jackson expressed a hope that he would be granted his freedom when he was still young enough to make something of his life and “help others”. But, barring a reform of the law, the day of his release will never come.

Ed Pilkington in New York
theguardian.com, Wednesday 13 November 2013 05.00 GMT

Find this story at 13 November 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Jeremy Hammond: FBI directed my attacks on foreign government sites

Anonymous hacktivist told court FBI informant and fellow hacker Sabu supplied him with list of countries vulnerable to cyber-attack

Hammond said: ‘I took responsibility by pleading guilty, but when will the government be made to answer for its crimes?’ Photograph: Michael Gottschalk/AFP

The Anonymous hacktivist sentenced on Friday to 10 years in federal prison for his role in releasing thousands of emails from the private intelligence firm Stratfor has told a Manhattan court that he was directed by an FBI informant to break into the official websites of several governments around the world.

Jeremy Hammond, 28, told a federal court for the southern district of New York that a fellow hacker who went under the internet pseudonym “Sabu” had supplied him with lists of websites that were vulnerable to attack, including those of many foreign countries. The defendant mentioned specifically Brazil, Iran and Turkey before being stopped by judge Loretta Preska, who had ruled previously that the names of all the countries involved should be redacted to retain their secrecy.

Within a couple of hours of the hearing, the three countries had been identified publicly by Forbes, the Huffington Post and Twitter feeds serving more than a million followers. “I broke into numerous sites and handed over passwords and backdoors that enabled Sabu – and by extension his FBI handlers – to control these targets,” Hammond told the court.

The 28-year-old hacker has floated the theory in the past that he was used as part of an effective private army by the FBI to target vulnerable foreign government websites, using the informant Sabu – real name Hector Xavier Monsegur – as a go-between. Sabu, who was a leading figure in the Anonymous-affiliated hacking group LulzSec, was turned by the FBI into one of its primary informants on the hacker world after he was arrested in 2011, about six months before the Stratfor website was breached.

Referring to the hacking of foreign government websites, Hammond said that in one instance, he and Sabu provided details on how to crack into the websites of one particular unidentified country to other hackers who then went on to deface and destroy those websites. “I don’t know how other information I provided to [Sabu] may have been used, but I think the government’s collection and use of this data needs to be investigated,” he told the court

He added: “The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but when will the government be made to answer for its crimes?”

Hammond’s 10-year federal prison service makes it one of the longest punishments dished out for criminal hacking offences in US history. It joins a lengthening line of long jail terms imposed on hackers and whistleblowers as part of the US authorities’ attempt to contain data security of government agencies and corporations in the digital age.

Preska also imposed a three-year period of probationary supervision once Hammond is released from jail that included extraordinary measures designed to prevent him ever hacking again. The terms of the supervision state that when he is out of prison he must: have no contact with “electronic civil disobedience websites or organisations”; have all his internet activity monitored; subject himself to searches of his body, house, car or any other possessions at any time without warrant; and never do anything to hide his identity on the internet.

Hammond’s 10-year sentence was the maximum available to the judge after he pleaded guilty to one count of the Computer Fraud and Abuse Act (CFAA) relating to his December 2011 breach of the website of the Austin, Texas-based private intelligence company Strategic Forecasting, Inc. Delivering the sentence, Preska dismissed the defendant’s explanation of his motivation as one of concern for social justice, saying that he had in fact intended to create “maximum mayhem”. “There is nothing high-minded and public-spirited about causing mayhem,” the judge said.

She quoted from comments made by Hammond under various internet handles at the time of the Stratfor hack in which he had talked about his goal of “destroying the heart, hoping for bankruptcy, collapse”. She criticised what she called his “unrepentant recidivism – he has an almost unbroken record of offences that demonstrate an almost total disrespect for the law.”

Before the sentence came down, Hammond read out an outspoken statement to court in which he said he had been motivated to join the hacker group Anonymous because of a desire to “continue the work of exposing and confronting corruption”. He said he had been “particularly moved by the heroic actions of Chelsea Manning, who had exposed the atrocities committed by US forces in Iraq and Afghanistan. She took an enormous personal risk to leak this information – believing that the public had a right to know and hoping that her disclosures would be a positive step to end these abuses.”

In his own case, he said that as a result of the Stratfor hack, “some of the dangers of the unregulated private intelligence industry are now known. It has been revealed through Wikileaks and other journalists around the world that Stratfor maintained a worldwide network of informants that they used to engage in intrusive and possibly illegal surveillance activities on behalf of large multinational corporations.”

Margaret Kunstler, a prominent member of the Hammond’s defence team, told the Guardian after the sentencing that the maximum punishment was “not a great surprise”. She said that Preska had turned Hammond’s own comments in web chats against him, “but I think she doesn’t understand the language that’s used in chat rooms and the internet – for her to have used such language against him and not understand what his comments meant seemed piggy to say the least.”

• This article was amended on 17 November 2013. An earlier version incorrectly described Margaret Kunstler as Hammond’s lead defence lawyer.

Ed Pilkington in New York
theguardian.com, Friday 15 November 2013 20.22 GMT

Find this story at 15 November 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Jeremy Hammond: Stung or entrapped? The case of the Stratfor hacker raises troubling questions about FBI’s involvement in catching or creating crime

On the day he learned he was to spend 10 years in federal prison for his involvement in an Anonymous hack, 28-year-old Jeremy Hammond read a statement to the Manhattan court. As well as framing his hacktivism as a public service, aimed at revealing the shadier operations of corporate intelligence firms, Hammond told the court that the FBI had played a significant role in cyberattacks in which he had participated, using infamous Anonymous snitch Sabu to provide information to hackers.

Hammond specifically noted that the FBI informant had provided him with information on vulnerabilities within the official websites of various governments around the world, including Brazil, Syria, Iran and Turkey. (The names of the nations were redacted from the court statement, but soon emerged online.)

Hammond stated: “I broke into numerous sites and handed over passwords and back doors that enabled Sabu — and by extension his FBI handlers — to control these targets … The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but when will the government be made to answer for its crimes?”

The hackivist’s contention here is that the U.S. government used hackers to garner information on, and cyber-advantage over, foreign governments. The hackers were then condemned as criminal, having unwittingly performed services for the U.S. government through illegal hacks. Whether or not the targets provided by Sabu were actually of interest to U.S. national intelligence, or whether they were simply valueless sting bate for hackers is unclear. What is evident, however, is that without government assistance, a number of illegal hacks would not have been carried out as they were. The decades-old question thus arises of when a government sting crosses the boundary into entrapment. In the years since 9/11, little more than a faint line in the sand seems to distinguish (legal) stings and (illegal) entrapment operations by the FBI.
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The criterion purportedly dividing sting and entrapment operations is weak. An operation counts as a sting (as opposed to entrapment) if it can be shown that a suspect would have carried out the crime, given the chance. It’s a perverse logic of hypotheticals when the government provides all the conditions for a crime to take place (e.g., providing talented hackers with government targets) — conditions that would not have been in place otherwise. A number of recent FBI cases relating to political activism have reeked of entrapment, but have been framed as stings. Recall, for example, the group of young Cleveland anarchists, strung along by an FBI agent into agreeing on a plan to blow up a bridge. The young men were, at every turn, prompted and offered materials by an FBI informant. “The alleged terrorist masterminds end up seeming, when the full story comes out, unable to terrorize their way out of a paper bag without law enforcement tutelage,” noted Rick Perlstein on the case in Rolling Stone last year.

Hammond’s case is different. The 28-year-old is a smart, articulate and experienced activist and hacker. As his guilty plea made clear, he knew what he was doing and he acted in what he felt was the public interest, to expose and hold accountable the private intelligence industry. However, Hammond also engaged in wholly government-prompted hacks and is now being ferociously punished. If it can be shown that the U.S. government used information gathered by hackers on Sabu’s tips, crucial questions arise about why the hackers and not the government agencies that used their skills are being persecuted. If, however, Sabu’s information about foreign government sites’ vulnerabilities were no more than a lure, questions of entrapment should be raised. Either way, as Hammond begins his lengthy federal prison sentence for a nonviolent crime, through which he received no personal enrichment, the FBI’s role in catching the hacktivist deserves greater scrutiny.

monday, Nov 18, 2013 05:51 PM +0100
Natasha Lennard

Find this story at 18 November 2013

© 2013 Salon Media Group, Inc.

Jailed Anonymous hacker Jeremy Hammond: ‘My days of hacking are done’

Hammond calls his 10-year sentence a ‘vengeful, spiteful act’ by US authorities eager to put a chill on political hacking

‘I knew when I started out with Anonymous that being put in jail and having a lengthy sentence was a possibility,’ Hammond said. Photo: AP

Jeremy Hammond, the Anonymous hacktivist who released millions of emails relating to the private intelligence firm Stratfor, has denounced his prosecution and lengthy prison sentence as a “vengeful, spiteful act” designed to put a chill on politically-motivated hacking.

Hammond was sentenced on Friday at federal court in Manhattan to the maximum 10 years in jail, plus three years supervised release. He had pleaded guilty to one count under the Computer Fraud and Abuse Act (CFAA) flowing from his 2011 hack of Strategic Forecasting, Inc, known as Stratfor. In an interview with the Guardian in the Metropolitan Correction Center in New York, conducted on Thursday, he said he was resigned to a long prison term which he sees as a conscious attempt by the US authorities to put a chill on political hacking.

He had no doubt that his sentence would be long, describing it as a “vengeful, spiteful act”. He said of his prosecutors: “They have made it clear they are trying to send a message to others who come after me. A lot of it is because they got slapped around, they were embarrassed by Anonymous and they feel that they need to save face.”

Most pointedly, Hammond suggested that the FBI may have manipulated him to carry out hacking attacks on “dozens” of foreign government websites. During his time with Anonymous, the loose collective of hackers working alongside WikiLeaks and other anti-secrecy groups, he was often directed by a individual known pseudonomously on the web as “Sabu”, the leader of the Anonymous-affiliated group Lulzsec, who turned out to be an FBI informant.

Hammond, who is under court orders restricting what he says in public, told the Guardian that Sabu presented him with a list of targets, including many foreign government sites, and encouraged him to break into their computer systems. He said he was not sure whether Sabu was in turn acting on behalf of the FBI or other US government agency, but it was even possible that the FBI was using Sabu’s internet handle directly as contact between the two hackers was always made through cyberspace, never face-to-face.

“It is kind of funny that here they are sentencing me for hacking Stratfor, but at the same time as I was doing that an FBI informant was suggesting to me foreign targets to hit. So you have to wonder how much they really care about protecting the security of websites.”

In the interview, conducted in a secure prison meeting room hours before the 28-year-old Chicagoan was sentenced, he was sanguine about his prospects. “I knew when I started out with Anonymous that being put in jail and having a lengthy sentence was a possibility. Given the nature of the targets I was going after I knew I would upset a lot of powerful people.”

Dressed in a brown prison jump suit, and with a long wispy goatee and moustache (he planned to shave both off before the sentencing hearing), Hammond was scathing about the way the CFAA was being twisted in his view for political ends. “They are widening the definition of what is covered by the Act and using it to target specifically political activists,” he said.

He invoked the memory of Aaron Swartz, the open-data crusader who killed himself in January while awaiting trial under the CFAA for releasing documents from behind the subscription-only paywall of an online research group. “The same beast bit us both,” Hammond said. “They went after Aaron because of his involvement in legitimate political causes – they railroaded charges against him, and look what happened.”

Hammond has been in custody since March 2012 having been arrested in Chicago on suspicion of the Stratfor leak of millions of emails that were eventually released by WikiLeaks as the Global Intelligence Files. His sentence is an indication of the aggression with which prosecutors have been pursuing political hackers in the US – other Anonymous members in Britain involved in the breach of Stratfor were sentenced to much shorter jail terms.

Hammond stressed that he had not benefitted personally in any way from the Stratfor email release, that exposed surveillance by private security firms on activists including Anonymous members themselves, Occupy protesters and campaigners in Bhopal, India involved in the push for compensation for victims of the 1984 industrial catastrophe. “Our main purpose in carrying out the Stratfor hack was to find out what private security and intelligence companies were doing, though none of us had any idea of the scale of it.”

Paradoxically, Hammond insists that he would never have carried out the breach of Stratfor’s computer system had he not been led into doing it by Sabu – real name Hector Xavier Monsegur – the fellow hacker who is himself awaiting sentencing having pleaded guilty to 12 hacking-related criminal charges. “I had never heard of Stratfor until Sabu brought in another hacker who told me about it. Practically, I would never have done the Stratfor hack without Sabu’s involvement.”

Hammond discovered that Monsegur was an FBI informant the day after his own arrest. As he was reading the criminal complaint against him, he saw quotes marked CW for “co-operating witness” that contained details that could only have come from Sabu.

“I felt betrayed, obviously. Though I knew these things happen. What surprised me was that Sabu was involved in so much strategic targeting, in actually identifying targets. He gave me the information on targets.”

Part of Sabu’s interest in him, he now believes, was that Hammond had access to advanced tools including one known as PLESK that allowed him to break into web systems used by large numbers of foreign governments. “The FBI and NSA are clearly able to do their own hacking of other countries. But when a new vulnerability emerges in internet security, sometimes hackers have access to tools that are ahead of them that can be very valuable,” he said.

Looking back on his involvement with anonymous, the Chicagoan said that he had been drawn to work with Anonymous, because he saw it as “a model of resistance – it was decentralised, leaderless.” He grew increasingly political in his hacking focus, partly under the influence of the Occupy movement that began in Wall Street in September 2011 and spread across the country.

Chelsea Manning, the US soldier formerly known as Bradley who leaked a massive trove of state secrets to WikiLeaks now serving a 35-year sentence in military jail, was a major influence on him. Manning showed him that “powerful institutions – whether military or private security firms – are involved in unaccountable activities that the public is totally unaware of that can only be exposed by whistleblowers and hackers”.

Hammond has often described himself as an anarchist. He has a tattoo on his left shoulder of the anarchy symbol with the words: “Freedom, equality, anarchy”. Another tattoo on his left forearm shows the Chinese representation of “leader” or “army”, and a third tattoo on his right forearm is a glider signifying the hacking open-source movement that is drawn from the computer simulation Game of Life .

He says he plans to use his time in prison “reading, writing, working out and playing sports – training myself to become more disciplined so I can be more effective on my release”. As to that release, he says he cannot predict how he will be thinking when he emerges from jail, but doubts that he would go back to hacking. “I think my days of hacking are done. That’s a role for somebody else now,” he said.

Ed Pilkington in New York
theguardian.com, Friday 15 November 2013 17.12 GMT

Find this story at 15 November 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

A Conversation With Jeremy Hammond, American Political Prisoner Sentenced to 10 Years

Jeremy Hammond, the Chicago activist and hacktivist (an activist who uses computer networks for political
protests and other actions), was sentenced last week to 10 years in prison and three years of supervised release for hacking into the intelligence contractor Strategic Forcasting (or Stratfor) and other government, law enforcement and military suppliers’ websites.

The Stratfor hack resulted in a cache of 5.2 million leaked emails and account information for approximately 860,000 Stratfor subscribers and clients, including information from 60,000 credit cards. To list a few of the many revelations, the emails revealed domestic spying on activists, including Occupy Wall Street; surveillance through persona management programs or fake online personas (“sock puppets”); and attempts to link American activist and journalist Alexa O’Brien to al-Qaeda. The Stratfor hack pullled back the curtain on the ofttimes illegal goings-on in the shadowy world of intelligence contractors.

Mr. Hammond’s supervised release includes limited computer access and prohibits him using encryption and from associating with civil disobedience groups. The ban on encryption shows a fundamental misunderstanding of how the Internet works. Encryption is used in nearly every online transaction, such as email, social networking and online banking. The broad ban on freedom of association raises potential Constitutional issues. At the time of his arrest, Mr. Hammond was working under the banner of AntiSec, an offshoot of the hacktivist collective Anonymous.

Jeremy Hammond, American Political Prisoner, courtesy of @FreeAnons.

The packed courtroom looked more like a church wedding than a sentencing, with dozens of Westpoint cadets on a field trip sitting on the left and Mr. Hammond’s parents, friends and supporters — who caravanned from all over the U.S. to show solidarity for their fallen comrade — sitting on the right. Mr. Hammond, his attorneys, Sarah, Emily and Margaret Kunstler and Susan Kellman faced the stoic Judge Loretta Preska presiding over the solemn ceremony.

On September 10th I visited Jeremy Hammond at Manhattan Correctional Center where he had been incarcerated for 18 months. Mr. Hammond, who was denied bail, was also disallowed all visitors, including family members. I am the first journalist with whom Mr. Hammond met since his arrest in March 2012. This interview was held months before sentencing. At the request of Mr. Hammond’s attorneys, who feared his words would be used at sentencing against him, I delayed publishing.
____________________________

Vivien Lesnik Weisman: You are both a boots on the ground activist and a hacktivist. Can you explain hacktivisim, hacking for political purposes and off line activism?

Jeremy Hammond: Hackers are by nature critical of systems, hacking is activism. The very act of hacking is inherently activist and political.

VLW: How effective is activism without the added thread of technology, or hacktivism, in the modern world? Which is more effective?

JH: Hacking is never going to take the place of grassroots community organizing. They complement each other.

There is more to it of course than hacking. Hacktivism involves online social networking, sharing ideas. Protest is predictable; they know how to contain it. The government knows how to ignore it. Both direct action and civil disobedience are unpredictable. I’m all for it.

I see hacktivism as a direct action tool. Offensive hacking with political intent is really nothing more than one more direct action tool. What you do when you get the information is what determines its efficacy as a direct action tool.

And now because of the state of the world — foreclosures, the wars — hackers are becoming politicized. We break into systems and then movements like Occupy deliver the message. It all works together. There is street protest. There is direct action, and hacking is one more tool.

Subverzo, hacktivist, at post-sentencing rally, Foley Square. Photo credit: Still from The Reality Wars, A.J. Abucay DP

VLW: How did the decision to target the intelligence contractor, Stratfor, come about and what was your involvement?

JH: Another hacker, who has not been indicted and therefore I will not name, brought the vulnerability. He had the credit cards already, before I ever got involved, on the Dec 5th. He chose Stratfor and brought it to us. There were 12 of us in the IRC (chat room) at that time.

Stratfor was chosen by that hacker because Stratfor had targeted Anonymous and specifically #OpCartel (Anonymous action against Mexican drug cartels).

Then the 12 of us in a private IRC channel approved it on the merits, as a meritocracy, the Anon way.

None of the 12 in that chat room that included me and Sabu [hacker leader turned FBI informant] have ever been caught.

Amongst the 12 were not only hackers. Some were social media types who brought attention to the actions.

I did the Stratfor hack all by myself except for the original vulnerability. I was the main hacker in Anti-Sec.

Sabu refers to Hetcor Xavier Monsegur, hacker and leader of LulzSec, an offshoot of Anonymous. LulzSec was an elite hacker collective that obtained notoriety as much for their high profile targets as for their clever self-promotion. Sabu was arrested by the FBI and began working for them that day. The following day he announced the formation of AntiSec, “the biggest unified collective of hackers in history.” Both in private IRC and through his various public Twitter accounts he encouraged hackers to join AntiSec and commit hacking crimes. Many hacktivists and rights organizations see these — including the Statfor hack — as government created crimes given that Sabu was working for his FBI handlers at the time he was inciting hackers to join AntiSec. After Sabu was turned, all of his actions can be seen as government actions. In essence, the name Sabu and the government can be used interchangeably in this context.

He is responsible for the arrests of many Anons including Jeremy Hammond.

Hector Xavier Monsegur Jr, hacker known by his nom de guerre Sabu, FBI informant.

VLW: Did you ever suspect that Sabu was a Fed (FBI informant) before that became public?

JH: I was in a chat room with 12 hackers. Chances are someone in there was a Fed. I don’t work with anyone who has not taken risks alongside me. Sabu had taken risks and hacked himself. Still, I could have done this all on my own. I was the main hacker in Anti-Sec.

VLW: And that hacker who provided the exploits also came with the credit cards? And were the credit cards live?

JH: Yes. The credit cards were live. We all spoke on Dec 6th and planned a coordinated day of action when we would choose charities and use the credit cards to make donations for Christmas to these charities, Christmas donations.

VLW: LulzXmas?

JH: Yes.

Jeremy Hammond is often referred to as a digital Robin Hood for his participation in LulzXmas. Margaret Ratner Kunstler, Hammond’s attorney, clarified that her client did not himself make any donations or use the credit cards. He also did not personally profit from the hacked credit cards.

JH: But our main focus was the emails, to reveal the spying. Stratfor was spying on the world. We revealed the anti-WikiLeaks actions by Stratfor. Stratfor was spying on Occupy Wall Street, WikiLeaks, and Anonymous.

We didn’t even know about the Venezuelan coup discussions proving U.S. involvement in the attempted coup until we saw that in the Strafor emails later.

It was all revealed on WikLeaks but I had moved on. I’d rather be hacking.

[He smiles.]

VLW: There is speculation that the Stratfor hack was designed by the government and carried out by their informant Sabu as an attempt to entrap Julian Assange by getting him to solicit information or even sell him information. Were you aware of such a plan and if so did you make a conscious decision to foil that plan by dumping on the Pirate Bay before the transaction could be completed?

JH: No, that did not happen. Julian Assange and WikiLeaks was not a factor.

In fact, many hacktivists make the claim that the Stratfor hack was designed to entrap Julian Assange. Hammond is not necessarily in a position to know whether that was the case or not.

VLW: Stratfor was notified by the government that they had been penetrated and told to do nothing. Why did they allow Stratfor to be sacrificed?

JH: We do not know to what degree they notified Stratfor. Interesting question, but we don’t know.

VLW: Why did the Stratfor hack take so long to complete? And why destroy the servers?

JH: I had to get to the mail servers. It takes time. We always destroy the servers.

First you deface, then you take the information, then you destroy the server, for the Lulz [for fun], and so they can’t rebuild the system. We don’t want them to rebuild. And to destroy forensic information that could be used to find out who did it and how it was done.

VLW: What are your preferred targets?

JH: My preferred targets are military contractors, military suppliers and law enforcement.

VLW: Intelligence contractors like Stratfor?

JH: Tech intelligence firms are a preferred target. Tech firms — where white hat hackers are paid to target the 99% for their corporate overlord clients.

Chris Hedges, journalist, TruthDig columnist, speaks at Hammond Rally. Photo credit: Still from The Reality Wars, A.J. Abucay DP

Those firms also contain the keys to their corporate clients so there is a big payoff — Endgame Systems and Palantir, for example.

Endgame Systems is the subject of much discussion. Engame Systems is self-described as providing offensive and defensive vulnerability research, mitigation of cyber-threats and cyber operations platforms. It is in the business of selling “zero day exploits.” That is, the vulnerabilities that have not yet been detected. According to a Business Week article, these zero day exploits are militarized and include entire blueprints of the computer systems of airports and other critical infrastructure including that of our western allies for example Paris’s Charles De Gaulle Airport. It is difficult to see how the sale of these exploits makes us more secure.

A package of these zero day exploits can be purchased for 2.5 million dollars a year. The price list was revealed in a cache of emails in the HBGary hack, an earlier Anonymous operation. Endgame weaponry is sold by region — China, the Middle East, Russia, Latin America, and Europe. There are even target packs for European and other allies. That raises the question of whether these exploits are being sold to foreign actors. Even if not sold directly to enemies of the U.S., cyber munitions like conventional arms have a way of showing up in unintended places. Once these exploits are out there they are vulnerable to rouge hackers and rogue states.

JH: White hat hackers are being paid to do supposedly defensive actions but they are offensive. White hat hackers are supposed to identify a vulnerability and then announce. But instead they sell the vulnerability, the exploits. So if you hack for the thrill it’s not ok. But for money, like Endgames, then somehow it is. And instead of going to jail for hacking you get awarded a government contract.

At least, the NSA is supposed to — and that is a big “supposed to” — have some kind of government oversight and again that’s overstated; these government contractors, intel firms and tech firms like Stratfor have no oversight whatsoever. They are not bound by any laws. They are above the law. No FOIA (request for classified or other non-public information from the government under the Freedom Of Information Act) can compel them to reveal what they do. Rogue hackers have better access to vulnerabilities than government hackers.

VLW: That reminds me of The Conscience of a Hacker by the Mentor. Did you read that?

Known as the Hacker Manifesto, it could just be Jeremy Hammond’s ethos.

It reads:
You build atomic bombs, you wage wars, you murder, cheat, and lie to us and try to make us believe it’s for our own good, yet we’re the criminals.

Yes, I am a criminal. My crime is that of curiosity. My crime is that of judging people by what they say and think, not what they look like.

My crime is that of outsmarting you, something that you will never forgive me for. I am a hacker, and this is my manifesto. You may stop this individual, but you can’t stop us all… after all, we’re all alike.

JH: From the 90’s? You hate me because I’m better than you are. Yeah, yeah.

[He smiles.]

Citizen journalist/activist and Hammond supporter Tara Jill Livestreams outside the court house. Photo credit: Still from The Reality Wars, A.J. Abucay DP

VLW: What do you think about the new battlefield, or cyberwarfare?

JH: The government calls it cybersecurity, but it’s really offensive hacking not just defensive.

The Department of Defense deals in war and aggression but it is not called Department of War is it? The government calls what they do mitigation of the threat of a cyber offensive. But these are offensive acts. They are acts of war. This is the new terrain. The new battlefield.

The war is on and it’s for the Internet. They spy on us, they spy on others, intellectual property rights wars, censorship….

For example, when encryption first came out PGP (Pretty Good Privacy, the first publicly available encryption software) it was called a munition and they immediately tried to ban it.

Encryption is part of our arsenal. It trumps the surveillance state.

As Mr. Hammond was waiting to be handcuffed in order for me to be escorted out of the small room at Manhattan Correctional Center where Mr. Hammond and I had conversed for over 4 hours, I asked him one last question.

VLW: You want to challenge the political system in the US and the world with technology. Is technology your weapon in the same way rifles were weapons in the past? Are you willing to die for your cause?

Handcuffed and standing before me with the guard awaiting my exit he pondered the question. As the guard ushered me out he responded.

JH: Die for my cause? Yes.
Go to prison, die for my cause… or choose to live a life of submission.
____________________________

Mr. Hammond’s bold and principled stand is sure to inspire others to make a similar choice.

This is part one of a two part article.

I am currently working on The Reality Wars, a feature length documentary about the targeting of activists, hacktivists and journalists by the US government and the nexus between intelligence contractors and the surveillance state. Jeremy Hammond and the Stratfor hack are covered in my film.

Posted: 11/19/2013 10:18 am

Find this story at 19 November 2013

© 2013 TheHuffingtonPost.com, Inc.

Cyber-Activist Jeremy Hammond Sentenced to 10 Years In Prison; The hacker, who pleaded guilty in May, is given the maximum sentence by a federal judge

Cyber-activist Jeremy Hammond was sentenced to 10 years in federal prison this morning by Judge Loretta A. Preska in a federal courtroom in lower Manhattan for hacking the private intelligence firm Stratfor. When released, Hammond will be placed under supervised control, the terms of which include a prohibition on encryption or attempting to anonymize his identity online.

Hammond has shown a “total lack of respect for the law,” Judge Preska said in her ruling, citing Hammond’s criminal record – which includes a felony conviction for hacking from when he was 19 – and what she called “unrepentant recidivism.” There is a “desperate need to promote respect for the law,” she said, as well as a “need for adequate public deterrence.”

Read ‘Enemy of the State,’ Our 2012 Feature on Jeremy Hammond’s Rise and Fall

As Hammond was led into the courtroom, he looked over the roughly 100 supporters who had shown up, smiled, and said, “What’s up, everybody?” Prior to the verdict, he read from a prepared statement and said it was time for him to step away from hacking as a form of activism, but recognized that tactic’s continuing importance. “Those in power do not want the truth exposed,” Hammond said from the podium, wearing black prison garb. He later stated that the injustices he has fought against “cannot be cured by reform, but by civil disobedience and direct action.” He spoke out against capitalism and a wide range of other social ills, including mass incarceration and crackdowns on protest movements.

The Stratfor hack exposed previously unknown corporate spying on activists and organizers, including PETA and the Yes Men, and was largely constructed by the FBI using an informant named Hector Monsegur, better known by his online alias Sabu. Co-defendants in the U.K. were previously sentenced to relatively lighter terms. Citing Hammond’s record, Judge Preska said “there will not be any unwarranted sentencing disparity” between her ruling and the U.K. court’s decision.

Hammond’s supporters and attorneys had previously called on Judge Preska to recuse herself following the discovery that her husband was a victim of the hack she was charged with ruling on. That motion was denied. (Full disclosure: This reporter previously spoke at a rally calling on Judge Preska to recuse herself.)

Hammond’s defense team repeatedly stressed that their client was motivated by charitable intentions, a fact they said was reflected in his off-line life as well. Hammond has previously volunteered at Chicago soup kitchens, and has tutored fellow inmates in GED training during his incarceration.

Rosemary Nidiry, speaking for the prosecution, painted a picture of a malicious criminal motivated by a desire to create “maximum mayhem,” a phrase Hammond used in a chat log to describe what he hoped would come from the Stratfor hack. Thousands of private credit card numbers were released as a result of the Stratfor hack, which the government argued served no public good.

Sarah Kunstler, a defense attorney for Hammond, takes issue with both the prosecution and judge’s emphasis on the phrase “maximum mayhem” to the exclusion of Hammond’s broader philosophy shows an incomplete picture. “Political change can be disruptive and destructive,” Kunstler says. “That those words exclude political action is inaccurate.”

Many supporters see Hammond’s case as part of a broader trend of the government seeking what they say are disproportionately long sentences for acts that are better understood as civil disobedience than rampant criminality. Aaron Swartz, who faced prosecution under the Computer Fraud and Abuse Act – the same statute used to prosecute Hammond – took his own life last year, after facing possible decades in prison for downloading academic journals from an MIT server. “The tech industry promised open access and democratization,” says Roy Singham, Swartz’s old boss and executive chairman of ThoughtWorks, a software company that advocates for social justice. “What we’ve given the world is surveillance and spying.” Singham says it’s “shameful” that “titans of the tech world” have not supported Hammond.

Following his first conviction for hacking, Hammond said, he struggled with returning to that life, but felt it was his responsibility. That decision ultimately lead to the Stratfor hack. “I had to ask myself, if Chelsea Manning fell into the abysmal nightmare of prison fighting for the truth, could I in good conscience do any less, if I was able?” he said, addressing the court. “I thought the best way to demonstrate solidarity was to continue the work of exposing and confronting corruption.”

by John Knefel
NOVEMBER 15, 2013

Find this story at 15 November 2013

©2013 Rolling Stone

105 Years in Jail for Posting a Link? That’s what Barrett Brown is facing.

A few months ago [1] I passed along the story of Barrett Brown, a young journalist/activist who relentlessly followed up on documents leaked by Anonymous, was targeted for this by the FBI, and who was eventually harassed enough that he cracked—which took the unfortunate form of recording a YouTube rant promising to “destroy” one of his tormentors.

Brown was indicted for posting the YouTube threats, and there’s no question that it was an ill-advised rant regardless of the FBI instigation. But David Carr follows up with more today. It turns out that only three of the charges against Brown are related to the video. Twelve more are related to a link he posted in a chat room: [2]

In December 2011, approximately five million e-mails from Stratfor Global Intelligence, an intelligence contractor, were hacked by Anonymous and posted on WikiLeaks. The files contained revelations about close and perhaps inappropriate ties between government security agencies and private contractors. In a chat room for Project PM, Mr. Brown posted a link to it.

Among the millions of Stratfor files were data containing credit cards and security codes, part of the vast trove of internal company documents….According to one of the indictments, by linking to the files, Mr. Brown “provided access to data stolen from company Stratfor Global Intelligence to include in excess of 5,000 credit card account numbers, the card holders’ identification information, and the authentication features for the credit cards.”

….But keep in mind that no one has accused Mr. Brown of playing a role in the actual stealing of the data, only of posting a link to the trove of documents….“The YouTube video was a mistake, a big one,” said Gregg Housh, a friend of Mr. Brown’s who first introduced him to the activities of Anonymous. “But it is important to remember that the majority of the 105 years he faces are the result of linking to a file. He did not and has not hacked anything, and the link he posted has been posted by many, many other news organizations.”

This is almost a textbook case of prosecutorial overreach. As Carr points out, the guy who actually stole the Stratfor information is facing a sentence of only ten years. So why is Brown facing 105 years? Certainly not for a video posted while he was in withdrawal from heroin addiction. More likely, it’s because the government considers him a thorn in their side and wants to send a message to anyone else planning to follow in Brown’s footsteps. That just ain’t right. As Carr says, “Punishment needs to fit the crime and in this instance, much of what has Mr. Brown staring at a century behind bars seems on the right side of the law, beginning with the First Amendment of the Constitution.”

Links:
[1] http://www.motherjones.com/kevin-drum/2013/03/barrett-brown-and-fbi
[2] http://www.nytimes.com/2013/09/09/business/media/a-journalist-agitator-facing-prison-over-a-link.html?ref=business&pagewanted=all

By Kevin Drum | Mon Sep. 9, 2013 8:47 AM PDT
Social Title:
105 years in jail for posting a link?

Find this story at 9 September 2013

Copyright ©2013 Mother Jones and the Foundation for National Progress.

Barrett Brown’s Mother Will Be Sentenced Today

The mother of Anonymous-affiliated activist Barrett Brown, Karen Lancaster McCutchin, will be sentenced today, November 8, the Associated Press reports.

Back in May, she admitted to helping her son hide two laptops from federal agents that were investigating the activist. The laptops were hidden in a kitchen cabinet just as FBI agents were executing a search warrant.

As per the plea agreement, McCutchin faces up to 12 months in prison and a fine of up to $100,000 (€75,000).

In the meantime, the case of Barrett Brown continues. He is accused, among other things, of threatening a federal agent in a video published on YouTube, and posting links to information stolen by Anonymous hackers from the think tank Stratfor.

He faces up to 105 years in prison and substantial fines.

November 8th, 2013, 13:49 GMT · By Eduard Kovacs, November 8, 2013 [AP]

Find this story at 8 November 2013

© 2001 – 2013 Softpedia. All rights reserved.

The Global Intelligence Files – Stratfor Files (2012)

LONDON—Today, Monday 27 February, WikiLeaks began publishing The Global Intelligence Files – more than five million emails from the Texas-headquartered “global intelligence” company Stratfor. The emails date from between July 2004 and late December 2011. They reveal the inner workings of a company that fronts as an intelligence publisher, but provides confidential intelligence services to large corporations, such as Bhopal’s Dow Chemical Co., Lockheed Martin, Northrop Grumman, Raytheon and government agencies, including the US Department of Homeland Security, the US Marines and the US Defense Intelligence Agency. The emails show Stratfor’s web of informers, pay-off structure, payment-laundering techniques and psychological methods, for example :

“[Y]ou have to take control of him. Control means financial, sexual or psychological control… This is intended to start our conversation on your next phase” – CEO George Friedman to Stratfor analyst Reva Bhalla on 6 December 2011, on how to exploit an Israeli intelligence informant providing information on the medical condition of the President of Venezuala, Hugo Chavez.

The material contains privileged information about the US government’s attacks against Julian Assange and WikiLeaks and Stratfor’s own attempts to subvert WikiLeaks. There are more than 4,000 emails mentioning WikiLeaks or Julian Assange. The emails also expose the revolving door that operates in private intelligence companies in the United States. Government and diplomatic sources from around the world give Stratfor advance knowledge of global politics and events in exchange for money. The Global Intelligence Files exposes how Stratfor has recruited a global network of informants who are paid via Swiss banks accounts and pre-paid credit cards. Stratfor has a mix of covert and overt informants, which includes government employees, embassy staff and journalists around the world.

The material shows how a private intelligence agency works, and how they target individuals for their corporate and government clients. For example, Stratfor monitored and analysed the online activities of Bhopal activists, including the “Yes Men”, for the US chemical giant Dow Chemical. The activists seek redress for the 1984 Dow Chemical/Union Carbide gas disaster in Bhopal, India. The disaster led to thousands of deaths, injuries in more than half a million people, and lasting environmental damage.

Stratfor has realised that its routine use of secret cash bribes to get information from insiders is risky. In August 2011, Stratfor CEO George Friedman confidentially told his employees : “We are retaining a law firm to create a policy for Stratfor on the Foreign Corrupt Practices Act. I don’t plan to do the perp walk and I don’t want anyone here doing it either.”

Stratfor’s use of insiders for intelligence soon turned into a money-making scheme of questionable legality. The emails show that in 2009 then-Goldman Sachs Managing Director Shea Morenz and Stratfor CEO George Friedman hatched an idea to “utilise the intelligence” it was pulling in from its insider network to start up a captive strategic investment fund. CEO George Friedman explained in a confidential August 2011 document, marked DO NOT SHARE OR DISCUSS : “What StratCap will do is use our Stratfor’s intelligence and analysis to trade in a range of geopolitical instruments, particularly government bonds, currencies and the like”. The emails show that in 2011 Goldman Sach’s Morenz invested “substantially” more than $4million and joined Stratfor’s board of directors. Throughout 2011, a complex offshore share structure extending as far as South Africa was erected, designed to make StratCap appear to be legally independent. But, confidentially, Friedman told StratFor staff : “Do not think of StratCap as an outside organisation. It will be integral… It will be useful to you if, for the sake of convenience, you think of it as another aspect of Stratfor and Shea as another executive in Stratfor… we are already working on mock portfolios and trades”. StratCap is due to launch in 2012.

The Stratfor emails reveal a company that cultivates close ties with US government agencies and employs former US government staff. It is preparing the 3-year Forecast for the Commandant of the US Marine Corps, and it trains US marines and “other government intelligence agencies” in “becoming government Stratfors”. Stratfor’s Vice-President for Intelligence, Fred Burton, was formerly a special agent with the US State Department’s Diplomatic Security Service and was their Deputy Chief of the counterterrorism division. Despite the governmental ties, Stratfor and similar companies operate in complete secrecy with no political oversight or accountability. Stratfor claims that it operates “without ideology, agenda or national bias”, yet the emails reveal private intelligence staff who align themselves closely with US government policies and channel tips to the Mossad – including through an information mule in the Israeli newspaper Haaretz, Yossi Melman, who conspired with Guardian journalist David Leigh to secretly, and in violation of WikiLeaks’ contract with the Guardian, move WikiLeaks US diplomatic cables to Israel.

Ironically, considering the present circumstances, Stratfor was trying to get into what it called the leak-focused “gravy train” that sprung up after WikiLeaks’ Afghanistan disclosures :

“[Is it] possible for us to get some of that ’leak-focused’ gravy train ? This is an obvious fear sale, so that’s a good thing. And we have something to offer that the IT security companies don’t, mainly our focus on counter-intelligence and surveillance that Fred and Stick know better than anyone on the planet… Could we develop some ideas and procedures on the idea of ´leak-focused’ network security that focuses on preventing one’s own employees from leaking sensitive information… In fact, I’m not so sure this is an IT problem that requires an IT solution.”

Like WikiLeaks’ diplomatic cables, much of the significance of the emails will be revealed over the coming weeks, as our coalition and the public search through them and discover connections. Readers will find that whereas large numbers of Stratfor’s subscribers and clients work in the US military and intelligence agencies, Stratfor gave a complimentary membership to the controversial Pakistan general Hamid Gul, former head of Pakistan’s ISI intelligence service, who, according to US diplomatic cables, planned an IED attack on international forces in Afghanistan in 2006. Readers will discover Stratfor’s internal email classification system that codes correspondence according to categories such as ’alpha’, ’tactical’ and ’secure’. The correspondence also contains code names for people of particular interest such as ’Hizzies’ (members of Hezbollah), or ’Adogg’ (Mahmoud Ahmedinejad).

Stratfor did secret deals with dozens of media organisations and journalists – from Reuters to the Kiev Post. The list of Stratfor’s “Confederation Partners”, whom Stratfor internally referred to as its “Confed Fuck House” are included in the release. While it is acceptable for journalists to swap information or be paid by other media organisations, because Stratfor is a private intelligence organisation that services governments and private clients these relationships are corrupt or corrupting.

WikiLeaks has also obtained Stratfor’s list of informants and, in many cases, records of its payoffs, including $1,200 a month paid to the informant “Geronimo” , handled by Stratfor’s Former State Department agent Fred Burton.

WikiLeaks has built an investigative partnership with more than 25 media organisations and activists to inform the public about this huge body of documents. The organisations were provided access to a sophisticated investigative database developed by WikiLeaks and together with WikiLeaks are conducting journalistic evaluations of these emails. Important revelations discovered using this system will appear in the media in the coming weeks, together with the gradual release of the source documents.

END

Public partners in the investigation
Comment
Current WikiLeaks status
How to read the data
Public partners in the investigation:

More than 25 media partners (others will be disclosed after their first publication) :

Al Akhbar – Lebanon – http://english.al-akhbar.com
Al Masry Al Youm – Egypt – http://www.almasry-alyoum.com
Bivol – Bulgaria – http://bivol.bg
CIPER – Chile – http://ciperchile.cl
Dawn Media – Pakistan – http://www.dawn.com
L’Espresso – Italy – http://espresso.repubblica.it
La Repubblica – Italy – http://www.repubblica.it
La Jornada – Mexico – www.jornada.unam.mx/
La Nacion – Costa Rica – http://www.nacion.com
Malaysia Today – Malaysia – www.malaysia-today.net
McClatchy – United States – http://www.mcclatchydc.com
Nawaat – Tunisia – http://nawaat.org
NDR/ARD – Germany – http://www.ndr.de
Owni – France – http://owni.fr
Pagina 12 – Argentina – www.pagina12.com.ar
Plaza Publica – Guatemala – http://plazapublica.com.gt
Publico.es – Spain – www.publico.es
Rolling Stone – United States – http://www.rollingstone.com
Russian Reporter – Russia – http://rusrep.ru
Sunday Star-Times – New Zealand – www.star-times.co.nz
Ta Nea – Greece –- http://www.tanea.gr
Taraf – Turkey – http://www.taraf.com.tr
The Hindu – India – www.thehindu.com
The Yes Men – Bhopal Activists – Global http://theyesmen.org
Comment:

WikiLeaks – Kristinn Hrafnsson, Official WikiLeaks representative, +35 4821 7121

Other comment :
Bhopal Medical Appeal (in UK) – Colin Toogood : colintoogood@bhopal.org / +44 (0) 1273 603278/ +44 (0) 7798 845074
International Campaign for Justice in Bhopal (in India) – Rachna Dhingra : rachnya@gmail.com, +91 98 261 67369
Yes Men – mike@theyesmen.org / +44 (0) 7578 682321 – andy@theyesmen.org, +1-718-208-0684
Privacy International – +44 (0) 20 7242 2836

Twitter tag : #gifiles
CURRENT WIKILEAKS STATUS:

An extrajudicial blockade imposed by VISA, MasterCard, PayPal, Bank of America, and Western Union that is designed to destroy WikiLeaks has been in place since December 2010. The EU Commission is considering whether it will open a formal investigation, but two lawsuits have been filed (http://wikileaks.org/Banking-Blocka…). There are also other ways to donate (https://shop.wikileaks.org/donate). It is legal to donate, including in the United States. The US Treasury has publicly stated that that there are no grounds to place WikiLeaks on a US government blacklist.

WikiLeaks Founder and Publisher Julian Assange has not been charged with any crime in any country. Four prosecutors are currently trying to charge him under the Espionage Act of 1917 before a closed Grand Jury in Virginia, in the United States. Julian Assange has been detained for 447 days (10,728 hours) since Dec 7, 2010, without charge, and he is currently awaiting a decision from the UK Supreme Court on extradition to Sweden (http://www.justiceforassange.com/Su…). The decision is expected in March. The decision on whether he will be onwardly extradited to the US lies in the hands of the Swedish Executive, but Sweden’s Prime Minister Fredrik Reinfeldt has refused to state whether he will protect Assange from a politically motivated extradition to the United States (http://justice4assange.com/US-Extra… ).

The Swedish Foreign Minister Carl Bildt has repeatedly attacked WikiLeaks this week in a bizarre manner (http://ferrada-noli.blogspot.com/20… ).

An alleged WikiLeaks US military source, Bradley Manning, has been in pre-trial detention for 639 days (http://bradleymanning.org/ ). His arraignment took place on 24 February 2012. In December 2011, Manning’s attorney revealed in the preliminary hearing that the US government is attempting to enter a plea deal with Manning in order to “go after” Assange. Manning has 22 charges against him, including violating the Espionage Act of 1917 and aiding the enemy. Manning has deferred entering a plea. Julian Assange and WikiLeaks are legally represented in the Manning hearings by the US Centre for Constitutional Rights (http://ccrjustice.org/ ). WikiLeaks was denied full access to Manning’s hearing after appeal (http://ccrjustice.org/newsroom/pres… ). WikiLeaks put out a statement relating to Manning’s trial ahead of the Article 32 Hearing : (http://www.wikileaks.org/Statement-… ).

The alleged WikiLeaks-supporting hacktivists known as the “PayPal 14” were arrested in 2011 following co-ordinated online demonstrations against the financial services companies that are carrying out the unlawful financial blockade on WikiLeaks (VISA, MasterCard, Paypal, Western Union, Bank of America). They are represented by attorney Stanley Cohen and will go before court in May 2012 (http://www.cyberguerrilla.org/?p=4644 ).

WikiLeaks is about to launch a distributed, encrypted “Facebook for revolutionaries” (https://wlfriends.org/ ).

Julian Assange is currently directing interviews, from house arrest, for a programme on the future of the world that is syndicated to various broadcasters. The first show will be broadcast in March (http://www.wikileaks.org/New-Assang… )
HOW TO READ THE DATA

This is a glossary and information on how to understand the internal terms and codes used by Stratfor in their emails. It is not a complete list. We call on the public to add to this list by tweeting #gifind

To see a list of the terms George Friedman considers useful for his staff to know please download this PDF : The Stratfor Glossary of Useful, Baffling and Strange Intelligence Terms.

OPEN SOURCE VS. “COVERT”

As you browse through the content, you will notice that a large set of it is what is classified as “open source” (subject lines which include [OS]). These are basically email threads that start with someone posting a published and accessible source, such as news sites, and follow with commentary by the staff. In one of the emails, Joseph Nye is referenced saying :

“Open source intelligence is the outer pieces of the jigsaw puzzle, without which one can neither begin nor complete the puzzle”

CODES IN SUBJECT LINES

Many of the emails have codes in the subject lines as well as in the body, to make it easier for the staff to “quickly identify when we need to go back and have a look-see.” [*] :

Examples : INSIGHT – COUNTRY – Subject – SOURCE CODE INSIGHT – CHINA – Trains and planes – CN1000

Please refer to the glossary for the code names of subject and country tags, as well as mailing list names.

SOURCE CODES

A lot of interesting stuff comes from “sources”. Sources are either informal contacts or people they have a formal relationship with. The IDs for sources have the format of CN120 or ME001. In terms of the character part, it refers to a region or a country :

A) Regions ME – Middle East region EU – European Union EE – Eastern Europe LA- South America SA- South Asia

B) Countries or Orgs CN – China PK – Pakistan IN- India ML – Malaysia VN – Vietnam NP- Nepal

US – United States VZ – Venezuela CO- Colombia BR-Brazil NC- Nicaragua MX- Mexico CL/CH- Chile AR- Argentina PY- Paraguay BOL- Bolivia

RU – Russia UA – Ukraine GE – Georgia TJ – Tajikstan MD – Moldova BG -Bulgaria CR/CZ- Czech Republic PT- Portugal

ZA – South Africa AO – Angola SO – Somalia NG- Nigeria CD- DR Congo CI- Cote D’Ivoire ZW- Zimbabwe ZM- Zambia RW- Rwanda KE- Kenya ET- Ethiopia SD -Sudan MA- Morocco SN- Senegal GN- Guinea SL- Sierra Leone

IR – Iran IQ- Iraq IL or IS- Israel SA- Saudi Arabia SY- Syria KU- Kuwait Y or YN – Yemen HZ – Hizbollah TK – Turkey LN- Lebanon LY- Libya UAE- UAE EG- Egypt (etc.)

C) Odd codes OCH – Old China hand, a finance insider. Stick – Scott Stewart, high level employee Z’s – Zetas, Mexican drug gang

INSIGHTS FORMAT

When “insights” are sent, they usually have the following header information :

SOURCE : The ID of the source, say CN123. Sometimes this is left “no source ID” when it’s a new source.

ATTRIBUTION : How the source is to be attributed, i.e. “Source in the pharma distribution industry in China”, Stratfor source, etc.

SOURCE DESCRIPTION : Describes the source, for example : “Source works with Mercator Pharmaceutical Solutions, distributing pharma to developing countries.” These include concrete details on the source for internal consumption so that there’s a better understanding on the source’s background and ability to make assessments on the ground.

PUBLICATION : Yes or No. If the option is yes it doesn’t mean that it would be published, but rather that it _can_ be published.

SOURCE RELIABILITY : A/B

SOURCE RELIABILITY : A-F, A being the best and F being the worst. This grades the turnaround time of this source in responding to requests.

ITEM CREDIBILITY : 1-10, 1 being the best and 10 being the worst (we may change the range here in the future). this changes a lot based on the info provided. 1 is “you can take this to the bank” and 10 would be an example of maybe – “this is a totally ridiculous rumor but something that is spreading on the ground”

SPECIAL HANDLING : often this is “none” but it may be something like, “if you use this we need to be sure not to mention the part about XXX in the publication” or any other special notes

SOURCE HANDLER : the person who can take follow-up questions and communicate with the source.

MAILING LISTS

alpha@stratfor.com Discussions circulated exclusively among analysts, writers and higher-ups, including ’insights’ and discussions about sources and source meetings. secure@stratfor.com Discussions circulated exclusively among analysts and higher-ups, and only for use within continental US (analysts traveling ’overseas’ are removed from the list for the duration of their journey). analysts@stratfor.com – Discussion among analysts only, who manage sources, gather and analyze intelligence. ct@stratfor.com Ongoing discussions to collect and analyze counterterrorism intelligence, circulated among select group of analysts. tactical@statfor.com Non-time sensitive discussions for internal training on technical and tactical matters within field of counterterrorism. intelligence@stratfor.com gvalerts@stratfor.com – Related to Gas ventures clients military@stratfor.com Military list for pre-approved staff africa@stratfor.com eastasia@stratfor.com mesa@stratfor.com Middle East/South Asia list for pre-approved staff. eurasia@stratfor.com os@stratfor.com List with information from the public domain circulated and discussed among all employees. adp@stratfor.com List for ADPs. See Glossary. translations@stratfor.com alerts@stratfor.com responses@stratfor.com dialog-list@stratfor.com

GLOSSARY

a) Industry and other misc. tags :

HUMINT – Human intelligence OSINT- Open source intelligence DATA FLU BIRDFLU ECON TECH ENERGY MINING GV – Gas Venture CT – Counterterrorism G1-G4 B2-B4 S1-S4 MILITARY or MIL PENTAGON AQ- Al Qaeda AQAP – Al Qaeda in the Arabia Peninsula SF- Special Forces CONUS- Continental US

b) Special internal codewords :

Hizzies or HZ – Hizbollah Izzies or IZ – Israel A-dogg – Mahmoud Ahmadinajad, Iranian President Baby bashar – Bashar Al-Assad, Syrian President Uncle Mo – Moammar Gaddhafi ADP- Analyst Development Program. Four-month program at STRATFOR from which candidates— mostly recent college graduates— are selected for hire. Strictly protect and protect – Often mentioned in the ’subject’, means that the source is protected. Played- A term used for procuring sensitive information from sources. E.g. from one of the secure list messages circulating the ’complete scenario for the Israeli team in Centcom’s war game,’ the analyst who procured the data wrote : “I played the head of the Mossad which was great fun.” Excomm- Appears to be ’executive committee’ of STRATFOR.

c) Regions and Orgs

AFRICOM – African countries LATAM – Latin American MERCOSUR NATFA ASEAN APEC FSU – Former Soviet Union countries MESA or MIDDLEEAST – Middle East EASTASIA OPEC EURASIA SA – South Asia FSB- Federal Security Service (Russia)

ATTACHED DOCUMENTS

Attached documents can be searched by Filename or part of the file name. Preliminary searches for filenames using the terms ’lists’, ’source lists’ or ’insight lists’, coupled with the names of source handlers (e.g. Reva for Turkey, Brazil or Venezuela) produced Excel lists of the source names, contact info and source descriptions which correspond to the source codes (e.g. ME1315).

Sourcing Criteria

The following are the proposed criteria for analyzing both sources and insight.

1. Source Timeliness 2. Source Accessibility/Position 3. Source Availability 4. Insight Credibility 5. Insight Uniqueness

Source Timeliness : This is the average grade on how long this particular source turns around tasks and replies to inquiries. It may change but is more of a static indicator.

Source Accessibility : Accessibility weighs the source’s position to have certain knowledge in a particular field. So, for example, if we are looking for energy insight and the source is an official in an energy agency, his or her Accessibility would be ranked higher than if s/he was a banker giving insight on energy. While we would welcome a banker giving his/her insight, a good source may not have a high accessibility ranking if they aren’t in a position to offer reliable insight on a certain topic. The source’s access to decision makers, specific training or education in the desired topic area, specific knowledge of events/situations/incidents can also be considered.

Source Availability : How often can we go to this source ? Are they someone we can tap daily, weekly, monthly, yearly ?

Insight Credibility : This is our assessment of the veracity of the insight offered. Here we need to consider whether or not this is disinformation, speculation, correct data or knowledgeable interpretation. Any bias that the source is displaying or any specific viewpoints or personal background the source is using in the assessment provided should also be considered.

Insight Uniqueness : Is this insight something that could be found in OS ? If it is but the analysis of the information is unique, it would still have a high uniqueness ranking. Or, if it is concrete data, but is something that is only offered to industry insiders, i.e. stats that aren’t published but that aren’t secret, it would still have a high uniqueness score.

Scoring

All of the above factors will be scored on an A-F scale, with A being exemplary and F being useless.

Source Timeliness : A = turnaround within 24 hours B = turnaround within 48 hours C = turnaround within a week D = turnaround within a month F = lucky to receive a reply at all

Source Accessibility : A = Someone with intimate knowledge of the particular insight B = Someone within the industry but whose knowledge of the topic is not exact (e.g. if we were asking someone in the oil industry about natural gas) C = Someone working close to the industry who doesn’t have intimate knowledge of a particular topic but can speak to it intelligently (e.g. a financial consultant asked to gauge the movement of the stock market) D = Someone who may know a country but doesn’t have any concrete insight into a particular topic but can offer rumors and discussions heard on the topic F = Someone who has no knowledge of a particular industry at all

Source Availability : A = Available pretty much whenever B = Can tap around once a week C = Can tap about once a month D = Can tap only several times a year F = Very limited availability

Insight Credibility : A = We can take this information to the bank B = Good insight but maybe not entirely precise C = Insight is only partially true D = There may be some interest in the insight, but it is mostly false or just pure speculation. F = Likely to be disinformation

Insight Uniqueness : A = Can’t be found anywhere else B = Can only be found in limited circles C = Insight can be found in OS, but the source has an interesting take/analysis D = Insight can be found in OS, but still may not be common knowledge F = Insight is accessible in numerous locations

Daily Insight Scoring

SOURCE : code ATTRIBUTION : this is what we should say if we use this info in a publication, e.g. STRATFOR source/source in the medical industry/source on the ground, etc SOURCE DESCRIPTION : this is where we put the more concrete details of the source for our internal consumption so we can better understand the source’s background and ability to make the assessments in the insight. PUBLICATION : Yes or no. If you put yes it doesn’t mean that we will publish it, but only that we can publish it. SOURCE RELIABILITY : A-F. A being the best and F being the worst. This grades the source overall – access to information, timeliness, availability, etc. In short, how good is this source ? ITEM CREDIBILITY : A-F. A = we can take this info to the bank ; B = Good insight but maybe not entirely precise ; C = Insight is only partially true ; D = There may be some interest in the insight, but it is mostly false or just pure speculation ; F = Likely to be disinformation. SPECIAL HANDLING : often this is “none” but it may be something like, “if you use this we need to be sure not to mention the part about XXX in thepublication” or any other special notes SOURCE HANDLER : the person who can take follow-up questions and communicate with the source.

Lead journalist: Sarah Harrison

Find this story at 27 February 2012

Outsourcing intelligence sinks Germany further into U.S.’s pocket

When a private company is granted a government contract, it’s a stamp of approval. What about the flipside? What does it say when the government—say, the German government—does business with companies involved in abduction and torture? What does it say when German ministries share IT servicers with the CIA and the NSA? And what does it mean for Germany that those same agencies are involved in projects concerning top-secret material including ID cards, firearms registries and emails in the capitol?

NDR (the German public radio and television broadcaster) and Süddeutsche Zeitung (SZ, Germany’s leading broadsheet newspaper) are proving that these aren’t just hypothetical questions. Especially when it comes to spying, security and an American contractor called Computer Sciences Corporation, the CSC.

Khaled el-Masri sits blindfolded in a container in Kabul. His hands are tied and he can hear a plane engine. It’s a white gulfstream jet. It’s May 28, 2004 and el-Masri has lived through hell. For five months he was tortured while in U.S. custody. He was beaten and humiliated. He received enemas and had to wear diapers. He was drugged and interrogated repeatedly. All this is public knowledge. It eventually became clear—even to the CIA—that they had the wrong man; el-Masri was innocent.

That’s where the CSC comes in.

The CIA had had good experiences with the company for years, as one of its largest private contractors. The mission: the unrightfully detained prisoners should be unobtrusively removed from Afghanistan. So, the CSC subcontracted a company with a jet. Records from July 2, 2004 show that the CSC paid $11,048.94 to have el-Masri picked up in Kabul, flown in handcuffs to Albania and once there driven to some hinterland and dropped-off. Mission accomplished.

Everyone knows about the el-Masri case, but it doesn’t stop the contracts from coming in. The German government continues to give work to the CSC. In the past five years German ministries have given over 100 contracts to the CSC and its subsidiaries. Since 2009 alone, the CSC has earned €25.5 million, some $34.5 million. And since 1990, it’s earned almost €300 million, some $405 million, from its German contracts.

We paid a visit to the German headquarters at 1 Abraham Lincoln Park in Wiesbaden, Germany. It’s a modern building made of grey concrete, a little metal and a lot of glass. The receptionists are friendly, but will they talk? No one here wants to talk.

The German branch of the CSC was incorporated in 1970. On the CSC’s homepage it states vaguely that the company is a world leader in providing “technology enabled business solutions and services”.

In fact, the CSC is a massive company with at least 11 subsidiaries in 16 locations in Germany alone. It’s no coincidence that these locations are often close to U.S. military bases. The CSC and its subsidiaries are part of a secret industry, the military intelligence industry. And they do the work traditionally reserved for the military and intelligence agencies, but for cheaper and under much less scrutiny.

Related branches in this industry include security servicers, such as Blackwater (now going by the name Academi). Blackwater is now being legally charged for a massacre in Iraq. And then there’s Caci, whose specialists were allegedly involved in Abu Ghraib and the ‘enhanced interrogation’ methods used there.

German CSC operations refuse to be tarnished by their bad reputation in the Middle East. Every year German companies including Allianz, BASF, Commerzbank and Dailmer pay for their services. Mostly they pay for IT consulting. But some German ministries who are among their regular costumers request more than IT help.

The CSC’s annual report says nothing abduction. (They don’t advertise that on their homepage either.) For that kind of information you have to read investigative reports or human rights organization statements.

And the Ministry of the Interior is quick to say: “Neither the federal government nor the Office of Procurement know of any allegations against the U.S. parent company of CSC Germany.”

The first report of the CSC’s involvement in extraordinary rendition flights came out in 2005 in the Boston Globe and then again in 2011 in the Guardian. Since then at least 22 subsequent contracts have been signed, among them a contract to begin a national arms registry.

After the abduction and torture of el-Masri, in 2006, the CSC sold its subsidiary Dyncorp. But the CSC remains more involved than ever in American intelligence operations. Thus, the company was part of a consortium that was awarded the so-called Trailblazer project by the NSA. The contract was to build a giant data vacuum, which would have dwarfed the later-developed PRISM program whistleblower Edward Snowden revealed to the world. The program ran over budget, failed and was cancelled altogether. But the CSC continued to be granted contracts.

Basically, the CSC is like the IT department for the entire U.S. intelligence apparatus. And this is the company that has been handling German information at the highest of levels security for years.

A few examples? The CSC tested the controversial Trojan horse spyware for the Federal Criminal Police Office. It helped the Justice Department implement electronic federal court recordkeeping. It has received several contracts to encrypt government communications.

Should Germany be putting so much trust in the CSC, when the company’s more important partner is the U.S. intelligence apparatus?

The Federal Ministry of the Interior who awards the framework agreements assures us, “usually there is a clause in the contracts prohibiting confidential information be passed onto third parties.”

Somehow, that’s not very assuring.

By Christian Fuchs, John Goetz, Frederik Obermaier and Bastian Obermayer
November 16, 2013 12:55 pm CET

Find this story at 16 November 2013

Copyright © Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH

Vermorzelt door geheimdiensten

Eigenrichting in de oorlog tegen de ‘terreur

In de zogenaamde oorlog tegen het terrorisme zijn de missers allang geen uitzondering meer. Precisie bombardementen die burgers doden, willekeurige arrestaties, ‘verdwijningen’ en andere praktijken die doen denken aan de donkere dagen in Latijns Amerika maken stelselmatig deel uit van deze ‘oorlog’. Alles in dienst van het grotere goed, de bescherming van de Westerse heilstaat. Wie is er echter nog veilig. Het verhaal van Khaled el-Masri toont aan dat medewerkers van inlichtingendiensten en leger kunnen opereren met medeweten van hun superieuren. Vervolging en straf zullen ze niet snel oplopen. Het slachtoffer Khaled el-Masri, een Duits Staatsburger, wordt dubbel gestraft.

Verdwijning

Op 31 december 2003 wordt Khaled el-Masri bij de grensplaats Tabanovce (Kumanovo) tussen Servië en Macedonië aangehouden en overgebracht naar een kamer in hotel Skopski Merak in Skopje. De aanhouding wordt uitgevoerd door de State Security and Counterintelligence Directorate (UBK) van Macedonië. Verschillende leden van de UDBK staan op de loonlijst van de CIA (Central Intelligence Agency). Na de arrestatie door de UBK wordt hij eerst door de agenten van de UBK ondervraagd over al Qaida, al Haramain, de Moslimbroeders en enkele andere terroristische organisaties. De aandacht van de ondervragers gaat vooral uit naar het dorp Kondovo waar een islamitische school gevestigd is die volgens de UBK als dekmatel van al Qaida fungeert. Masri ontkent alles en zegt dat hij een reis heeft geboekt naar Skopje met het reisbureau Touring/Ulm. Hij is vanuit Ulm/Neu Ulm zijn woonplaats met de bus onderweg naar Macedonië.
De agenten van de UBK dragen Masri over aan de CIA die hem 23 dagen in de hotelkamer vasthouden. In de hotelkamer wordt hij ondervraagd in het Engels, een taal die hij niet helemaal begrijpt. De vragen gaan in tegenstelling tot de verhoren door de UBK over Neu Ulm. Over zijn kennissen, wie zijn moskee, the Ulm Multicultural Center and Mosque (Multi-Kultur-Haus), bezoeken, over contacten in Noorwegen en over een bijeenkomst in Jalalabad, Afghanistan waar Masri aanwezig zou zijn geweest. Masri ontkent elke betrokkenheid en wil een advocaat of een medewerker van de Duitse ambassade in Macedonië spreken. Uiteindelijk zeggen zijn ondervragers dat hij naar Duitsland wordt teruggebracht.
Dhr. el-Masri wordt echter op 23 januari 2004 met een Boeing 737-7ET met serienummer N313P (nu N4476S) overgebracht van Skopje naar Kabul. Het vliegtuig staat op naam van Premier Executive Transport Services, een bedrijf uit Massachusetts in de Verenigde Staten. De ‘schuilnamen’ van de piloten zijn door het Duitse programma Panorama onthult en later door de Los Angeles Times aangevuld met de echte namen van de piloten. Het gaat om Harry Kirk Elarbee (alias Kirk James Bird), Eric Robert Hume (alias Eric Matthew Fain) en James Kovalesky (alias James Richard Fairing). Zij werken voor Aero Contractors, een bedrijf dat waarschijnlijk de voortzetting is van Air America. Het laatste bedrijf was actief tot in de jaren zeventig als geheime vliegtuigmaatschappij van de CIA.
De N313P zou volgens de Spaanse autoriteiten op 22 januari 2004 vanuit Algiers naar de luchthaven Son Sant Joan op het eiland Mallorca zijn gevlogen. De volgende dag heeft het koers gezet naar Skopje, Macedonië. Dhr. Masri heeft in zijn Duitse paspoort een stempel van vertrek uit Macedonië van Skopje airport (LWSK vliegveldcode). De Minister van Binnenlandse Zaken van Macedonië beweert later het tegendeel. Volgens hem is Masri niet vertrokken van het vliegveld, maar is hij bij de grensplaats Blace met Kosovo het land verlaten. De N313P vliegt via Bagdad (ORBI) naar Kabul (OAKB). In Bagdad wordt er bijgetankt.
In Kabul wordt Masri opgesloten in de “Salt Pit” een verlaten steenfabriek in de buurt van Kabul die door de CIA wordt gebruikt om ‘high-level teror suspects’ vast te houden. Tijdens zijn verblijf wordt hij ondervraagd door mannen met bivakmutsen. In maart 2004 begint Masri samen met enkele andere gevangenen een hongerstaking. Na 27 dagen krijgt hij bezoek van twee niet gemaskerde Amerikanen, de Amerikaanse gevangenisdirecteur en de ‘Boss’, een Amerikaanse hoge officier. Zij geven toe dat hij niet opgesloten hoort te zijn, maar kunnen hem niet vrijlaten zonder toestemming van Washington. Dhr. el-Masri krijgt ook nog bezoek van een man die zich voorstelt als ‘Sam’. ‘Sam’ is de eerste Duitssprekende persoon die Masri tijdens zijn gevangenschap ontmoet. De man stelt echter dezelfde vragen over extremisten in Neu Ulm. ‘Sam’ bezoekt Masri nog drie maal in de ‘Salt Pit’ en begeleid hem in het vliegtuig terug naar Europa.
Op 28 mei 2004 keert een Gulfstream (GLF3) met registratienummer N982RK terug van Kabul naar een militair vliegveld in Kosovo. Dhr. Khaled el-Masri bevindt zich in het vliegtuig. Na de landing wordt Masri, nog steeds geblinddoekt, in een auto gezet en op een verlaten landweg afgezet.
Tijdens zijn verblijf in Skopje en in Kabul wordt dhr. el-Masri mishandeld, gemarteld en ondervraagd. Er wordt geen aanklacht tegen hem ingediend en er volgt geen rechtzaak. Na vijf maanden wordt de man op straat gezet. Terug in Ulm/Neu Ulm ontdekt hij dat zijn vrouw en kinderen verhuist zijn. Zij hebben Duitsland verlaten toen el-Masri niet van vakantie was teruggekeerd en wonen in Libanon. Drie jaar later zonder steun van de Duitse en Amerikaanse overheid draait Masri door. Hij bespuugt een verkoopster in een winkel, slaat een leraar van een bijscholingsinstituut in elkaar en zet een filiaal van de winkelketen Metro in brand. Masri belandt in een psychiatrisch ziekenhuis.

Inlichtingen

Na zijn terugkeer naar Duitsland probeerde dhr. Masri zijn onschuld aan te tonen en de zaak te onderzoeken. Al snel wordt duidelijk dat de Amerikaanse overheid in het geheel niet meewerkt. Het duurt tot december 2005 voordat van officiële zijde enige erkenning komt van de ontvoering van Masri. Daarvoor, begin 2005, berichtten eerst de New York Times, de Süddeutsche Zeitung en het ZDF programma frontal 21 over de verdwijning van Masri. Bij de berichtgeving over het zogenaamde Rendition programma speelt Masri een belangrijke rol. Zijn verhaal is goed gedocumenteerd.
Als eind november 2005 voor het bezoek van de Amerikaanse minister van Buitenlandse Zaken, Rice, de Washington Post een gedetailleerde reconstructie van het verhaal Masri publiceert lijkt de zaak rond. De Amerikanen zeggen dat de verdwijning van dhr. el-Masri een vergissing was. Er zou sprake zijn van een persoonsverwisseling. De persoon die de CIA wilde ontvoeren zou Khaled al-Masri heten en niet el-Masri. Waarom Masri dan zo lang moest worden vastgehouden, gemarteld en ondervraagd wordt geweten aan het feit dat de CIA geloofde dat het paspoort van Masri vals was. Eén letter verschil en de verdenking van een vals paspoort waren de aanleiding voor een vijf maanden brute behandeling door ’s werelds meest geavanceerde geheime dienst, de CIA? De media accepteerden de knieval. De cowboy mentaliteit van Bush en de strijd tegen de terreur deden de rest. Een vergissing is menselijk. Vergissingen die geen uitzondering zijn zoals wij al eerder schreven in relatie tot rendition en de terreurlijsten van de Verenigde Staten, Verenigde Naties en de Europese Unie.
In het artikel van de Washington Post zegt Rice echter ook dat zij de toenmalige Duitse minister van Binnenlandse Zaken Otto Schily over Khaled el-Masri in 2004 al had ingelicht en dat de Amerikanen de zaak stil wilden houden. Masri was zwijggeld geboden door de CIA. Het politieke gedraai kan beginnen. Schily ontkent in eerste instantie dat hij in 2004 iets van de zaak Masri wist. Later geeft hij toe dat in een gesprek met de Amerikaanse ambassadeur in Duitsland, Daniel Coats, in 2004 de zaak is besproken, maar dat hem op het hart is gedrukt het niet verder te vertellen, zo verklaart Schily. De huidige minister van Buitenlandse Zaken en voormalig chef van de kanselarij in de regering Schroder, Frank-Walter Steinmeier, komt door het gesprek tussen Schily en Coats in het nauw. Als chef van de kanselarij moet hij van de inhoud van het gesprek op de hoogte zijn geweest. Hetzelfde geldt voor de voormalig minister van Buitenlandse Zaken Joschka Fischer. Er ontstaat een schijngevecht tussen Duitsland en de Verenigde Staten. De Duitse justitie vaardigt een arrestatiebevel uit tegen dertien personen die betrokken zijn geweest bij de ontvoering van Masri. In september 2007 wordt duidelijk dat Duitsland het verzoek tot uitlevering van de dertien verdachten in de zaak Masri intrekt. Ondertussen waren er al diverse rechtzaken in de Verenigde Staten door Masri en zijn advocaat gestart. De rechtbanken oordelen keer op keer dat zij de zaak niet in behandeling nemen met het oog op nationale veiligheid en de bescherming van staatsgeheimen. Khaled el-Masri vangt bot en belandt in het gekkenhuis.

Onschuld?

De zaak Khaled el-Masri is exemplarisch voor de oorlog tegen het terrorisme. De Amerikanen marcheren als een olifant over de wereld in de hoop zogenaamde terroristen te doden, te arresteren, te martelen en te verhoren. Mensenrechten zijn allang bijzaak in deze oorlog die sterk lijkt op de wijze waarop de Verenigde Staten in de jaren zeventig en tachtig in Latijns Amerika hebben geopereerd. Abu Ghraib, Guantánamo, Fallujah, standrechtelijke executies, precisie bombardementen die trouwerijen raken en verdwijningen zijn geen uitzondering, maar regel. De Europese Unie lijkt steeds de gematigde kracht. Het opgeheven vingertje, uitgebreide discussies over wel of niet blijven in Irak of Afghanistan. Opbouwen of vechten. Het genuanceerde standpunt komt uit de Europese Unie lijkt de boodschap. De zaak Khaled el-Masri maakt echter iets anders duidelijk.
De Amerikaanse minister van Buitenlandse Zaken, Rice, gaf aan dat er overleg was geweest tussen haar toenmalige ambtsgenoot Otto Schily en de Amerikaanse ambassadeur. Dit gebeurde vlak na de vrijlating van Masri in Albanië in mei 2004. De Amerikaanse overheid toonde zich niet erg bereidwillig stukken over te dragen, maar hetzelfde geldt voor de Duitse overheid. Dat Duitsland dieper in het verhaal Masri zat werd in juni 2006 duidelijk. Een agent van de Bundesnachrichtendienst (BND), de Duitse CIA, weet zich tijdens de ondervraging voor de parlementaire onderzoekscommissie naar de rol BND bij de oorlog in Irak te herinneren dat in januari 2004 een onbekende hem over de arrestatie van een Duitse staatburger vertelde. De ontmoeting met de onbekende vond plaats in de kantine van de Duitse Ambassade in Skopje, Macedonië. De New York Times weet te melden dat de autoriteiten in Macedonië de Duitse ambassade in januari 2004 hebben ingelicht over de arrestatie en overdracht aan de Amerikanen van dhr. El-Masri. Het blijft onduidelijk waarom de Duitse autoriteiten zich niet om el-Masri hebben bekommerd. Onmacht, vergeetachtigheid, onwil?

Opzet?

Het tijdstip van de Duitse medeweten schuift steeds verder op. In september 2003 begint de politie in Baden-Württemberg met het filmen van de ingang van het Ulm Multicultural Center and Mosque (multi-kultur-haus), de enige moskee voor moslims in de wijde omgeving. Dit is bekend geworden via de regionale media doordat de politie gebruik maakte van een privé CB frequentie (het ouderwetse bakkie). El-Masri moet zijn opgevallen, hoewel hij niet een speciale bezoeker was, kwam hij toch regelmatig voor het vrijdag gebed in de moskee.
De observatie en het overleg met de autoriteiten in Macedonië op de Duitse ambassade moet betekenen dat de Bundesnachrichtendienst meer wist over Khaled el-Masri dan tot nu toe door de verschillende ministers en ex-ministers wordt toegegeven. Is de verdwijning van Masri dan misschien met medeweten van de Duitsers gebeurd? Hebben die een oogje dichtgeknepen en geen vragen gesteld nadat het bekend was geworden? Of was het een samenwerking tussen de Duitsers en de Amerikanen? Het lijkt erop dat Khaled el-Masri op een lijst stond van mogelijke verdachten van terrorisme. In zo’n geval ben je, je leven niet meer zeker en wordt de rechtstaat opzij gezet. De Duitsers wilden echter schone handen pretenderen, de Amerikanen met hun lange historie van low intensity warfare in Indo China, Latijns Amerika, Afrika en Centraal Azië maakt het allemaal niet uit. De grote vraag is dan natuurlijk of Masri op een lijst stond?
Ulm/Neu Ulm lijkt niet het toonbeeld van het centrum van het islamitisch radicalisme. Volgens geheime diensten is het dat echter wel en speelde het een centrale rol in de zogenaamde islamitische Jihad. Het Multi-Kultur-Haus in Ulm werd om die reden op 28 december 2005 op last van het Beierse ministerie van Binnenlandse Zaken gesloten. Wat was er aan de hand?
Volgens zowel de Amerikaanse CIA en de Duitse BND hebben verschillende terroristen Ulm bezocht. Mohammed Atta, veronderstelde leider van de aanslagen van 11 september 2001, en Said Bahaji, de logistieke leider van de aanslagen van 11 september, zouden op bezoek zijn geweest in het Kultur-Haus en bij de in Ulm woonachtige chirurg el-A. Dit is door een taxi chauffeur uit Ulm in oktober 2006 aan het Duitse tijdschrift Der Stern en het Ard-magazine Report Mainz vertelt. Volgens beide media bevestigen bronnen binnen het Landeskriminalamt (LKA) de verklaring van de chauffeur. El-A., die nu in Sudan zou verblijven, zou contact onderhouden met Mamdouh Mahmud Salim de ‘boekhouder’ van al Qaida. Mohammed Atta lijkt vele levens te hebben gehad en overal op te duiken, zijn plotselinge aanwezigheid in Ulm, waarschijnlijk voor 11 september 2001 blijft onduidelijk. Wel verklaart het de vragen van de CIA agenten in Kabul aan Khaled el-Masri. Naast Ulm ondervroegen ze hem ook over de Hamburgse cel.
Ook aanwezig in het Multi-Kultur-Haus zou Reda Seyam zijn. Hij wordt in verband gebracht met de aanslagen in Bali van oktober 2002, maar is daarvoor nooit aangeklaagd. Zijn ex-vrouw heeft een boek over hem geschreven, onder de titel ‘Mundtot, Ich war die Frau eine Gotteskriegers’, waarin ze hem afschilderd als jihad strijder. In dit gezelschap zou el-Masri zich hebben begeven en met hem vele andere bezoekers van het Kultur-Haus. Waarom is Masri uitgekozen? Dacht de CIA dat hij op weg was naar Irak, Afghanistan, Tsjetsjenië of een andere conflicthaard? Of dachten ze dat hij meer wist en meer betrokken was? Of hoopten ze hem te kunnen werven als informant?
De interesse van de CIA in de islamitische scène in Ulm gaat terug naar 11 september 2001. Naar alle waarschijnlijkheid zijn de Duitsers bij die interesse betrokken. Een vreemd incident in Ulm in april 2003 maakt die voorkennis van de Duitsers duidelijk. Een echtpaar krijgt begin april bezoek van een man die volgens het echtpaar een Amerikaans accent heeft. De man zegt van de politie te zijn maar identificeert zich niet als zodanig. Hij wil het huis aan de overkant observeren. Overrompelt door het gedrag van de man laten ze de zwaar gewapende man binnen, maar bellen later wel de politie om uit te zoeken wat er aan de hand is. De Duitse politie komt enkele dagen later ook observeren, maar reppen met geen woord over de Duitser met het Amerikaanse accent. Voor het echtpaar is tot dan toe niet duidelijk waarom het huis aan de overkant moet worden geobserveerd. Uiteindelijk horen ze dat aan de overkant de weduwe woont van een man die in Tsjetsjenië aan de zijde van het verzet bij gevechten is omgekomen. Herhaaldelijk verzoeken van het echtpaar om foto’s te worden getoond van de zwaar bewapende Duitser met een Amerikaans accent hebben tot nu toe niets opgeleverd. Naar alle waarschijnlijkheid was de observatie een Duits Amerikaanse samenwerking.
Khaled el-Masri woonde niet bij de weduwe in huis. Dat kan niet de aanleiding voor zijn verdwijning zijn geweest. Hij is in de ‘Salt Pit’ in Kabul wel naar Tsjetsjeense contacten gevraagd. Ook door de Duits sprekende agent die Masri naar Albanië terug escorteerde. ‘Sam’ zoals hij zichzelf noemde is of als CIA agent werkzaam geweest op de Amerikaanse ambassade in Duitsland en nu woonachtig in de Verenigde Staten zoals dhet Duitse tijdschrift der Stern beweert of een medewerker van het Bundeskriminalamt zoals andere bronnen beweren. In het eerste geval zou het om Tomas V. gaan die door journalisten van der Stern in Mclean, Virginia (Verenigde Staten) is bezocht. In het tweede geval zou het om Gerhard Lehman gaan een BKA beambte.
Welke ‘Sam’ het ook is, de aanwijzingen dat Duitsland betrokken is geweest bij de ‘verdwijning’ van Khaled el-Masri zijn sterk. De Duits Amerikaanse samenwerking is ook formeel geregeld via de aanwezigheid van Duitse verbindingsofficieren op het Amerikaanse hoofdkwartier van EUCOM in Stuttgart-Vaihingen. De zaak el-Masri staat in het verlengde van de steun van Duitsland aan Amerika in de oorlog in Irak. Voor de buitenwacht leek Duitsland fel tegenstander, maar in werkelijkheid ondersteunden de Duitsers de invasie met inlichtingen en manschappen.
Het ARD magazine Report Mainz schrijft op basis van een geheim BKA dossier dat Masri contacten had binnen de radicaal islamitische wereld. Zoals aangegeven bezocht hij de moskee die blijkbaar gezien werd als het centrum van islamitische Jihad in Zuid Duitsland. Is dat dan de reden om iemand te doen verdwijnen, te mishandelen, te martelen en bruut te ondervragen? Is dat de Westerse heilstaat die wij moeten verdedigen? Ook al zou Masri verdachte contacten hebben gehad, dan nog geldt ook voor hem dat iemand onschuldig is tenzij het tegendeel is bewezen. Ambtenaren in de dienst van de Duitse staat die willens en wetens hun mond hebben gehouden lijken zich even weinig te bekommeren om de rechtstaat als de CIA agenten die Masri uiteindelijk hebben doen verdwijnen en die daarvoor niet berecht kunnen worden. Hoeveel meer mensen zijn er verdwenen? Of is iedereen bang om gek te worden net als Masri? Khaled el-Masri heeft geluk gehad. Wat als hij voor het instappen in het vliegveld in Skopje ja had gezegd op de vraag ben je lid van al Qaida? Na 23 dagen had hij nog de helderheid van geest om nee te zeggen en ja tegen terugkeer naar Duitsland. Want dat was de deal die hem was geboden. Lidmaatschap bekennen en vrijlating, alsof geheime diensten op hun woord moeten worden geloofd. Net als in de jaren zeventig en tachtig toen de Amerikanen zich misdroegen in Latijns Amerika houdt Europa zich nu ook stil. Onderzoekscommissies ten spijt, wordt ook hier de rechtstaat terzijde geschoven als er een verdenking van terrorisme is.

Find this story at 29 November 2007

Lloyds owns stake in US firm accused over CIA torture flights

Banking group, which has £8.5m slice of CSC, is under pressure along with other City investors from human rights charity

Computer Sciences Corporation, according to Reprieve, organised a flight that took Khaled al-Masri, a German mistakenly imprisoned by the CIA, from a secret detention centre in Afghanistan to Albania in 2004. Photograph: Thomas Kienzle/AP

Lloyds Banking Group has become embroiled in a row over its investment in a company accused of involvement in the rendition of terror suspects on behalf of the CIA.

Lloyds, which is just under 40% owned by the taxpayer, is one of a number of leading City institutions under fire for investing in US giant Computer Sciences Corporation (CSC), which is accused of helping to organise covert US government flights of terror suspects to Guantánamo Bay and other clandestine “black sites” around the world.

Reprieve, the legal human rights charity run by the British lawyer Clive Stafford Smith, alleges that during the flights, suspects – some of whom were later proved innocent – were “stripped, dressed in a diaper and tracksuit, goggles and earphones, and had their hands and feet shackled”. Once delivered to the clandestine locations, they were subjected to beatings and sleep deprivation and forced into stress positions, a report from the International Committee of the Red Cross says.

CSC, which is facing a backlash for allegedly botching its handling of a £3bn contract to upgrade the NHS IT system, has refused to comment on claims it was involved in rendition. It has also refused to sign a Reprieve pledge to “never knowingly facilitate torture” in the future. The claims about its involvement in rendition flights have not been confirmed.

Reprieve has written to CSC investors to ask them to put pressure on the company to take a public stand against torture.

Some of the City’s biggest institutions, including Lloyds and insurer Aviva, have demanded that CSC immediately address allegations that it played a part in arranging extraordinary rendition flights.

Aviva, which holds a small stake in CSC via US tracker funds, said it had written to CSC’s executives to demand an investigation. The insurer said it would take further action if it was confirmed that CSC was linked to torture. “Aviva is of course concerned by the allegations made against CSC,” said a spokesman. “We are a signatory to the United Nations global compact, and support human rights principles, as outlined in the United Nations Universal Declaration of Human Rights. It is not yet clear that CSC is directly complicit in the activities outlined and we have written to the company seeking clarification. We will investigate these allegations further and take action as appropriate.”

Lloyds said it was taking the allegations seriously and had launched its own investigation. A spokesman said: “Our policy is clear, we will not support companies whose ongoing business activities are illegal in the UK and breach the requirements of international conventions as ratified by the UK government. We are not aware of evidence that CSC is currently committed to activities inconsistent with our policy.”

Lloyds holds an £8.5m stake in CSC via its Scottish Widows funds that track the S&P 500 index of America’s biggest companies.

HSBC, another investor, said that it was not aware of evidence that CSC was breaching its ethical investment code.

CSC’s alleged involvement with rendition came about after it purchased DynCorp, which was involved in hundreds of prisoner transfer flights, in 2003. While CSC went on to sell DynCorp in 2005, Reprieve alleges that CSC continued to be involved in the supervision of rendition flights until the end of 2006.

None of CSC’s top 10 shareholders, including fund managers Dodge & Cox, Fidelity, Blackrock and Guggenheim Capital, a fund manager founded by a grandson of philanthropist Solomon Guggenheim, responded to the allegations made in a letter from Reprieve. Norway’s sovereign wealth fund is also an investor.

One of the biggest investors, which declined to be identified due to its policy of refusing to comment on investment decisions, said its executives were “extremely concerned” about CSC’s alleged links to torture, and managers raised their concerns with CSC as soon as it was made aware of the allegations by the Guardian.

Reprieve’s legal director, Cori Crider, said: “CSC evidently thinks it’s fine to profit from kidnap and torture as long as their shareholders are happy. It is now up to those shareholders, including British banks, pension funds and UK government [via Lloyds], to show this isn’t the case. These institutions must insist that CSC take their ethical concerns seriously. Alternatively, they can vote with their feet.”

Crider told investors that Reprieve had obtained an invoice indicating CSC organised a flight that took Khaled al-Masri, a German citizen mistakenly imprisoned by the CIA, from a secret detention centre in Afghanistan to Albania in May 2004. The charity said in its letter: “Having belatedly concluded after months of torture and interrogation that they had imprisoned the wrong man, the CIA, acting through CSC, arranged for Richmor Aviation jet N982RK to transfer Mr al-Masri from an Afghan ‘black site’ to a remote roadside in Albania.”

In a letter to Reprieve, Helaine Elderkin, CSC’s vice-president and senior deputy general counsel, said: “CSC’s board of directors … have a corporate responsibility programme that fosters CSC’s growth by promoting and increasing the value of the company to its shareholders, clients, communities and employees.”

Lisa Nandy, the Labour MP who chairs the all-party parliamentary group on international corporate responsibility, also called on CSC’s biggest investors to hold the company to account. “Investors have a unique responsibility to hold businesses accountable for their ethical conduct, particularly in relation to human rights. Corporates should conduct due diligence down their supply chains to protect human rights, working under the assumption that business should do no harm. Those that refuse to do so should have investment withdrawn,” she said.

“The UK must take the lead in this area and ensure its institutional investors, many of which are using pension funds to allow grievous abuse, are asking tough questions at board level, demanding changes in behaviour and a corporate policy to uphold human rights.”

CSC is being sued by some of its investors in relation to its £3bn contract to upgrade NHS computer systems.

Rupert Neate
The Guardian, Sunday 6 May 2012 19.18 BST

Find this story at 6 May 2013

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