Pentagon report predicted West’s support for Islamist rebels would create ISIS

Anti-ISIS coalition knowingly sponsored violent extremists to ‘isolate’ Assad, rollback ‘Shia expansion’

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A declassified secret US government document obtained by the conservative public interest law firm, Judicial Watch, shows that Western governments deliberately allied with al-Qaeda and other Islamist extremist groups to topple Syrian dictator Bashir al-Assad.

The document reveals that in coordination with the Gulf states and Turkey, the West intentionally sponsored violent Islamist groups to destabilize Assad, and that these “supporting powers” desired the emergence of a “Salafist Principality” in Syria to “isolate the Syrian regime.”

According to the newly declassified US document, the Pentagon foresaw the likely rise of the ‘Islamic State’ as a direct consequence of this strategy, and warned that it could destabilize Iraq. Despite anticipating that Western, Gulf state and Turkish support for the “Syrian opposition” — which included al-Qaeda in Iraq — could lead to the emergence of an ‘Islamic State’ in Iraq and Syria (ISIS), the document provides no indication of any decision to reverse the policy of support to the Syrian rebels. On the contrary, the emergence of an al-Qaeda affiliated “Salafist Principality” as a result is described as a strategic opportunity to isolate Assad.

Hypocrisy

The revelations contradict the official line of Western governments on their policies in Syria, and raise disturbing questions about secret Western support for violent extremists abroad, while using the burgeoning threat of terror to justify excessive mass surveillance and crackdowns on civil liberties at home.

Among the batch of documents obtained by Judicial Watch through a federal lawsuit, released earlier this week, is a US Defense Intelligence Agency (DIA) document then classified as “secret,” dated 12th August 2012.

The DIA provides military intelligence in support of planners, policymakers and operations for the US Department of Defense and intelligence community.

So far, media reporting has focused on the evidence that the Obama administration knew of arms supplies from a Libyan terrorist stronghold to rebels in Syria.

Some outlets have reported the US intelligence community’s internal prediction of the rise of ISIS. Yet none have accurately acknowledged the disturbing details exposing how the West knowingly fostered a sectarian, al-Qaeda-driven rebellion in Syria.

Charles Shoebridge, a former British Army and Metropolitan Police counter-terrorism intelligence officer, said:

“Given the political leanings of the organisation that obtained these documents, it’s unsurprising that the main emphasis given to them thus far has been an attempt to embarrass Hilary Clinton regarding what was known about the attack on the US consulate in Benghazi in 2012. However, the documents also contain far less publicized revelations that raise vitally important questions of the West’s governments and media in their support of Syria’s rebellion.”

The West’s Islamists

The newly declassified DIA document from 2012 confirms that the main component of the anti-Assad rebel forces by this time comprised Islamist insurgents affiliated to groups that would lead to the emergence of ISIS. Despite this, these groups were to continue receiving support from Western militaries and their regional allies.

Noting that “the Salafist [sic], the Muslim Brotherhood, and AQI [al-Qaeda in Iraq] are the major forces driving the insurgency in Syria,” the document states that “the West, Gulf countries, and Turkey support the opposition,” while Russia, China and Iran “support the [Assad] regime.”

The 7-page DIA document states that al-Qaeda in Iraq (AQI), the precursor to the ‘Islamic State in Iraq,’ (ISI) which became the ‘Islamic State in Iraq and Syria,’ “supported the Syrian opposition from the beginning, both ideologically and through the media.”

The formerly secret Pentagon report notes that the “rise of the insurgency in Syria” has increasingly taken a “sectarian direction,” attracting diverse support from Sunni “religious and tribal powers” across the region.

In a section titled ‘The Future Assumptions of the Crisis,’ the DIA report predicts that while Assad’s regime will survive, retaining control over Syrian territory, the crisis will continue to escalate “into proxy war.”

The document also recommends the creation of “safe havens under international sheltering, similar to what transpired in Libya when Benghazi was chosen as the command centre for the temporary government.”

In Libya, anti-Gaddafi rebels, most of whom were al-Qaeda affiliated militias, were protected by NATO ‘safe havens’ (aka ‘no fly zones’).

‘Supporting powers want’ ISIS entity

In a strikingly prescient prediction, the Pentagon document explicitly forecasts the probable declaration of “an Islamic State through its union with other terrorist organizations in Iraq and Syria.”

Nevertheless, “Western countries, the Gulf states and Turkey are supporting these efforts” by Syrian “opposition forces” fighting to “control the eastern areas (Hasaka and Der Zor), adjacent to Western Iraqi provinces (Mosul and Anbar)”:

“… there is the possibility of establishing a declared or undeclared Salafist Principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran).”
The secret Pentagon document thus provides extraordinary confirmation that the US-led coalition currently fighting ISIS, had three years ago welcomed the emergence of an extremist “Salafist Principality” in the region as a way to undermine Assad, and block off the strategic expansion of Iran. Crucially, Iraq is labeled as an integral part of this “Shia expansion.”

The establishment of such a “Salafist Principality” in eastern Syria, the DIA document asserts, is “exactly” what the “supporting powers to the [Syrian] opposition want.” Earlier on, the document repeatedly describes those “supporting powers” as “the West, Gulf countries, and Turkey.”

Further on, the document reveals that Pentagon analysts were acutely aware of the dire risks of this strategy, yet ploughed ahead anyway.

The establishment of such a “Salafist Principality” in eastern Syria, it says, would create “the ideal atmosphere for AQI to return to its old pockets in Mosul and Ramadi.” Last summer, ISIS conquered Mosul in Iraq, and just this month has also taken control of Ramadi.

Such a quasi-state entity will provide:

“… a renewed momentum under the presumption of unifying the jihad among Sunni Iraq and Syria, and the rest of the Sunnis in the Arab world against what it considers one enemy. ISI could also declare an Islamic State through its union with other terrorist organizations in Iraq and Syria, which will create grave danger in regards to unifying Iraq and the protection of territory.”
The 2012 DIA document is an Intelligence Information Report (IIR), not a “finally evaluated intelligence” assessment, but its contents are vetted before distribution. The report was circulated throughout the US intelligence community, including to the State Department, Central Command, the Department of Homeland Security, the CIA, FBI, among other agencies.

In response to my questions about the strategy, the British government simply denied the Pentagon report’s startling revelations of deliberate Western sponsorship of violent extremists in Syria. A British Foreign Office spokesperson said:

“AQ and ISIL are proscribed terrorist organisations. The UK opposes all forms of terrorism. AQ, ISIL, and their affiliates pose a direct threat to the UK’s national security. We are part of a military and political coalition to defeat ISIL in Iraq and Syria, and are working with international partners to counter the threat from AQ and other terrorist groups in that region. In Syria we have always supported those moderate opposition groups who oppose the tyranny of Assad and the brutality of the extremists.”
The DIA did not respond to request for comment.

Strategic asset for regime-change

Security analyst Shoebridge, however, who has tracked Western support for Islamist terrorists in Syria since the beginning of the war, pointed out that the secret Pentagon intelligence report exposes fatal contradictions at the heart of official pronunciations:

“Throughout the early years of the Syria crisis, the US and UK governments, and almost universally the West’s mainstream media, promoted Syria’s rebels as moderate, liberal, secular, democratic, and therefore deserving of the West’s support. Given that these documents wholly undermine this assessment, it’s significant that the West’s media has now, despite their immense significance, almost entirely ignored them.”
According to Brad Hoff, a former US Marine who served during the early years of the Iraq War and as a 9/11 first responder at the Marine Corps Headquarters Battalion in Quantico from 2000 to 2004, the just released Pentagon report for the first time provides stunning affirmation that:

“US intelligence predicted the rise of the Islamic State in Iraq and the Levant (ISIL or ISIS), but instead of clearly delineating the group as an enemy, the report envisions the terror group as a US strategic asset.”
Hoff, who is managing editor of Levant Report — an online publication run by Texas-based educators who have direct experience of the Middle East — points out that the DIA document “matter-of-factly” states that the rise of such an extremist Salafist political entity in the region offers a “tool for regime change in Syria.”

The DIA intelligence report shows, he said, that the rise of ISIS only became possible in the context of the Syrian insurgency — “there is no mention of US troop withdrawal from Iraq as a catalyst for Islamic State’s rise, which is the contention of innumerable politicians and pundits.” The report demonstrates that:

“The establishment of a ‘Salafist Principality’ in Eastern Syria is ‘exactly’ what the external powers supporting the opposition want (identified as ‘the West, Gulf Countries, and Turkey’) in order to weaken the Assad government.”
The rise of a Salafist quasi-state entity that might expand into Iraq, and fracture that country, was therefore clearly foreseen by US intelligence as likely — but nevertheless strategically useful — blowback from the West’s commitment to “isolating Syria.”

Complicity

Critics of the US-led strategy in the region have repeatedly raised questions about the role of coalition allies in intentionally providing extensive support to Islamist terrorist groups in the drive to destabilize the Assad regime in Syria.

The conventional wisdom is that the US government did not retain sufficient oversight on the funding to anti-Assad rebel groups, which was supposed to be monitored and vetted to ensure that only ‘moderate’ groups were supported.

However, the newly declassified Pentagon report proves unambiguously that years before ISIS launched its concerted offensive against Iraq, the US intelligence community was fully aware that Islamist militants constituted the core of Syria’s sectarian insurgency.

Despite that, the Pentagon continued to support the Islamist insurgency, even while anticipating the probability that doing so would establish an extremist Salafi stronghold in Syria and Iraq.

As Shoebridge told me, “The documents show that not only did the US government at the latest by August 2012 know the true extremist nature and likely outcome of Syria’s rebellion” — namely, the emergence of ISIS — “but that this was considered an advantage for US foreign policy. This also suggests a decision to spend years in an effort to deliberately mislead the West’s public, via a compliant media, into believing that Syria’s rebellion was overwhelmingly ‘moderate.’”

Annie Machon, a former MI5 intelligence officer who blew the whistle in the 1990s on MI6 funding of al-Qaeda to assassinate Libya’s former leader Colonel Gaddafi, similarly said of the revelations:

“This is no surprise to me. Within individual countries there are always multiple intelligence agencies with competing agendas.”
She explained that MI6’s Libya operation in 1996, which resulted in the deaths of innocent people, “happened at precisely the time when MI5 was setting up a new section to investigate al-Qaeda.”

This strategy was repeated on a grand scale in the 2011 NATO intervention in Libya, said Machon, where the CIA and MI6 were:

“… supporting the very same Libyan groups, resulting in a failed state, mass murder, displacement and anarchy. So the idea that elements of the American military-security complex have enabled the development of ISIS after their failed attempt to get NATO to once again ‘intervene’ is part of an established pattern. And they remain indifferent to the sheer scale of human suffering that is unleashed as a result of such game-playing.”

Divide and rule

Several US government officials have conceded that their closest allies in the anti-ISIS coalition were funding violent extremist Islamist groups that became integral to ISIS.

US Vice President Joe Biden, for instance, admitted last year that Saudi Arabia, the UAE, Qatar and Turkey had funneled hundreds of millions of dollars to Islamist rebels in Syria that metamorphosed into ISIS.

But he did not admit what this internal Pentagon document demonstrates — that the entire covert strategy was sanctioned and supervised by the US, Britain, France, Israel and other Western powers.

The strategy appears to fit a policy scenario identified by a recent US Army-commissioned RAND Corp report.

The report, published four years before the DIA document, called for the US “to capitalise on the Shia-Sunni conflict by taking the side of the conservative Sunni regimes in a decisive fashion and working with them against all Shiite empowerment movements in the Muslim world.”

The US would need to contain “Iranian power and influence” in the Gulf by “shoring up the traditional Sunni regimes in Saudi Arabia, Egypt, and Pakistan.” Simultaneously, the US must maintain “a strong strategic relationship with the Iraqi Shiite government” despite its Iran alliance.

The RAND report confirmed that the “divide and rule” strategy was already being deployed “to create divisions in the jihadist camp. Today in Iraq such a strategy is being used at the tactical level.”

The report observed that the US was forming “temporary alliances” with al-Qaeda affiliated “nationalist insurgent groups” that have fought the US for four years in the form of “weapons and cash.” Although these nationalists “have cooperated with al-Qaeda against US forces,” they are now being supported to exploit “the common threat that al-Qaeda now poses to both parties.”

The 2012 DIA document, however, further shows that while sponsoring purportedly former al-Qaeda insurgents in Iraq to counter al-Qaeda, Western governments were simultaneously arming al-Qaeda insurgents in Syria.

The revelation from an internal US intelligence document that the very US-led coalition supposedly fighting ‘Islamic State’ today, knowingly created ISIS in the first place, raises troubling questions about recent government efforts to justify the expansion of state anti-terror powers.

In the wake of the rise of ISIS, intrusive new measures to combat extremism including mass surveillance, the Orwellian ‘prevent duty’ and even plans to enable government censorship of broadcasters, are being pursued on both sides of the Atlantic, much of which disproportionately targets activists, journalists and ethnic minorities, especially Muslims.

Yet the new Pentagon report reveals that, contrary to Western government claims, the primary cause of the threat comes from their own deeply misguided policies of secretly sponsoring Islamist terrorism for dubious geopolitical purposes.

by Nafeez Ahmed
22 May 2015

Find this story at 22 May 2015

Copyright https://medium.com/

If Syria and Iraq Become Fractured, So Too Will Tripoli and North Lebanon

BEIRUT — The talk now is all about whether Syria and Iraq will end up as divided states. The impetus for such speculation derives firstly from the latest Saudi, Qatari and Turkish joint resolve to mount huge numbers of jihadists on Syria’s borders. According to two senior political figures I spoke to, up to 10,000+ Wahhabist/Salafists (predominantly An-Nusra/Al Qaeda) have been gathered by the intelligence services of these latter states, mostly non-Arabs from Chechnya, Turkmenistan, etc. Plainly, Washington is aware of this (massively expensive) Saudi maneuver and equally plainly it is turning a blind eye to it.

Secondly, the speculation about a coming fractured Iraq has gained big momentum from ISIS’s virtually unopposed walk-in to Ramadi. The images of long columns of ISIS Toyota Land Cruisers, black pennants waving in the wind, making their way from Syria all the way — along empty desert main roads — to Ramadi with not an American aircraft in evidence, certainly needs some explaining. There cannot be an easier target imagined than an identified column of vehicles, driving an arterial road, in the middle of a desert.

Do these two cases of a Nelsonian “blind eye” have something to do with persuading the GCC at Camp David to sign up to the statement that they accepted that an agreement with Iran on its nuclear program was in their “security interests”? After all, Obama desperately needs it to paint Netanyahu as the isolated outlier on the Iran deal issue and thus undercut his ability to influence Congress.

Coincidentally, a highly redacted U.S. Defense Intelligence Agency assessment from August 2012 has been released through a federal lawsuit. It states that “If the situation unravels [in Syria], there is the possibility of establishing a declared or undeclared Salafist principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime.” The assessment says that the creation of such a Salafist principality would have “dire consequences” for Iraq and would possibly lead to the creation of an Islamic State and would “create the ideal atmosphere for AQI to return to its old pockets in Mosul and Ramadi.”

A few days after the release of the DIA assessment report, John Bolton lent weight to its claims: “I think the Sunni Arabs are never going to agree to be in a state [Iraq] where the Shia outnumber them 3-1. That’s what ISIS has been able to take advantage of. I think our objective should be a new Sunni state out of the western part of Iraq, the eastern part of Syria run by moderates or at least authoritarians who are not radical Islamists.”

Well, this is exactly what has happened. Should we be surprised? The idea of breaking up the large Arab states into ethnic or sectarian enclaves is an old Ben Gurion “canard,” and splitting Iraq along sectarian lines has been Vice President Biden’s recipe since the Iraq war. But the idea of driving a Sunni “wedge” into the landline linking Iran to Syria and to Hezbollah in Lebanon became established Western group think in the wake of the 2006 war, in which Israel failed to de-fang Hezbollah. The response to 2006, it seemed to Western powers, was to cut off Hezbollah from its sources of weapons supply from Iran.

In short, the DIA assessment indicates that the “wedge” concept was being given new life by the desire to pressure Assad in the wake of the 2011 insurgency launched against the Syrian state. “Supporting powers” effectively wanted to inject hydraulic fracturing fluid into eastern Syria (radical Salafists) in order to fracture the bridge between Iran and its Arab allies, even at the cost of this “fracking” opening fissures right down inside Iraq to Ramadi. (Intelligence assessments purpose is to provide “a view” — not to describe or prescribe policy. But it is clear that the DIA reports’ “warnings” were widely circulated and would have been meshed into the policy consideration.)

But this “view” has exactly come about. It is fact. One might conclude then that in the policy debate, the notion of isolating Hezbollah from Iran, and of weakening and pressurizing President Assad, simply trumped the common sense judgement that when you pump highly toxic and dangerous fracturing substances into geological formations, you can never entirely know or control the consequences. And once you go down this road, it is not easy to “walk it back,” as it were: the toxicity is already suffused through the rocks. So, when the GCC demanded a “price” for any Iran deal (i.e. massing “fracking” forces close to Aleppo), the pass had been already partially been sold by the U.S. by 2012, when it did not object to what the “supporting powers” wanted.

Will then the region fragment into a hardcore Wahhabist/Salafist corridor stretching across Syria and Iraq, while the non-Wahhabist other states (Iran, Iraq, Syria, Yemen — and Hezbollah) stand in armed opposition to this entity? Perhaps. We do not know. But statements by Hezbollah’s Deputy Leader, Shiekh Naim Qassem and Sayyed Hassan Nasrallah, suggest that neither Iran nor Hezbollah will accept a “fracked” Syria. (It is less clear however whether this applies to Iraq too, though we suspect that for Iran, it does.)

Similar comments have been made by a senior Hashad leader in Iraq: “It is impossible to eliminate ISIS in Iraq without following it into Syria. We will put our differences with Syria on one side and will join efforts to fight and eliminate ISIS … The U.S. knew that ISIS would expand in Syria and was planning to divide Iraq. This plan is over…” These comments may presage a more proactive response by Iran (and it is hard to see that Russia and China will not be more proactive too, given the composition of the forces now being groomed by Saudi and Turkish intelligence).

But there is another point to this speculation: It leaves out Lebanon. If Syria and Iraq are to be “fracked” — and hard-core Sunni fundamentalism return “to its old pockets in Mosul and Ramadi,” in the words of the DIA assessment, why should Tripoli (capital of Libya) and the north of Lebanon prove immune from this “fracturing”? Lebanon’s Tripoli was in fact the first ISIS-style “emirate.”

The reason why a Salafi-jihadist movement should have originated in Tripoli needs a little background. A city of half a million people, Tripoli is, in a nutshell, the seat of Sunni strength in Lebanon. Traditionally, Tripoli had been the center of militant pan-Arabist nationalist and Nasserist sentiment, and until the Lebanese civil war, it lay in the mainstream of Levant Sunnism. Militant Arabism in Tripoli had Arabist nationalist and Nasserist sentiment, and until the Lebanese civil war, it lay in the mainstream of Levant Sunnism. Militant Arabism in Tripoli had been so pronounced in the 1920s and 1930s that its inhabitants had fiercely opposed inclusion of Tripoli into a “Greater Lebanon.” In the 1930s, Sunnis from Tripoli took part in an armed revolt against the prospect of a “Greater Lebanon,” demanding Tripoli’s inclusion with the Syrian cities of Homs, Hama and Aleppo into a separate Sunni Arab-nationalist autonomy.

While the birth of jihadism in Tripoli can be ascribed to the outset of the civil war in 1975, the beginning of the substantive shift in the character of Sunni Islam in Tripoli may be dated to 1947, when the Salafist Sheikh Salim al-Shahal returned from Saudi Arabia to Tripoli to find the first Wahhabi-orientated Salafist movement. During Lebanon’s civil war, Al-Jama’a — the Lebanese equivalent of the Muslim Brotherhood (MB) — fragmented and splintered under the stress. With Syria’s intervention in Lebanon in 1976, a host of radical Al-Jama’a offshoots inspired by the 1979 Islamic Revolution in Iran sprang up. In 1982, these Al-Jama’a breakaway factions formed Harakat al-Tawhid al-Islami (the Islamic Unification Movement). The hardline MB offshoots, now united as “Tawhid,” then seized control of Tripoli from the Syrian-backed militia forces.

Strengthened by arms and training from the PLO and an influx of trained Syrian MB operatives after President Assad’s ferocious crushing of the MB revolt in Hama in February 1982, Tawhid forces imposed Islamic law at gunpoint in neighborhoods which they controlled. The “Islamic Republic” of Tripoli lasted for a period of two years (e.g. banning alcohol, forcing women to wear the veil, etc.). Dozens and dozens of secular political opponents (mostly Communists) were executed, sparking an exodus of Christians from the city. In subsequent years, Saudi influence in Tripoli predominated, and Tripoli spawned diverse Salafist groups — absorbing many MB members who survived the Syrian crackdown — and witnessed a progressive migration towards radical jihadism.

In short, were Aleppo and other parts of Syria and large swathes of Iraq to be “fracked,” then expect the same for Tripoli and north Lebanon too.

Posted: 06/01/2015 12:38 pm EDT Updated: 06/01/2015 12:59 pm EDT
RAMADI

Find this story at 1 June 2015

Copyright ©2015 TheHuffingtonPost.com

Point by Point Analysis of Declassified DIA Docs re Western-Backed Syrian Insurgency

Here, I wrote that these documents “may” say the US/West wanted/want a Salafist Principality in Eastern Syria, because the declassified docs 1) say “Salafist, Muslim Brotherhood, and AQI are the major forces driving the insurgency in Syria”; 2) in the next sentence, the doc defines the “The West, Gulf Countries, and Turkey” as the countries that “support the opposition”; 3) they later say the “opposition forces are trying to control the Eastern areas”, where Syria borders Iraq, and, specifically of this control of Eastern areas, say the “Western Countries, the Gulf States, and Turkey are supporting these efforts”. 4) In a section about “effects on Iraq” the docs say that “there is a possibility of establishing a declared or undeclared Salafist Principality in Eastern Syria…”, then say “this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the depth of the Shia expansion (Iraq and Iran).”

However, while the document begins by stating that “The West, Gulf Countries, and Turkey support the opposition”, the document, as noted, also defines other groups, which could be considered “powers”, as either components of or supporters of the opposition: Salafists, Muslim Brotherhood, and AQI. The report states: “AQI supported the opposition from the beginning…”

While the FSA is defined as “opposition”, Salafists, Muslim Brotherhood, and AQI are initially described as “the major forces driving the insurgency”, not as “the opposition”. It could be that the document means that the FSA is “the opposition” and the West, its allies, and the Islamic groups are simply all supporting them, but with different individual goals. However, AQI is also directly described as “opposition” to Assad: “AQI declared its opposition of Assad’s government because it considered it a sectarian regime targeting Sunnis.”

In the section that says “there is a possibility of establishing a declared or undeclared Salafist Principality in Eastern Syria…”, then that “this is exactly what the supporting powers to the opposition want”, this section of the doc defines the opposition forces controlling the Iraq/Syria border as “Syrian Free Army”, the FSA, and says the FSA will try to take “advantage of the sympathy of the Iraqi border population”.

It then says that “If the situation [likely meaning FSA control of the border] unravels there is the possibility of establishing a declared or undeclared Salafist Principality in Eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran).” (The US obviously opposes Iranian expansion and sides with the Sunnis, but the last part of this sentence, as it is framed in terms of Shia expansion, may suggest that here the “supporting powers to the opposition” may be referring not the sentence stating “The West, Gulf Countries, and Turkey support the opposition”, but to earlier sentences stating “AQI supported the opposition from the beginning…” and “AQI declared its opposition of Assad’s government because it considered it a sectarian regime targeting Sunnis.”

Thus, perhaps this is simply unclear writing, or too much is censored, and what this really means is that while both AQI and “The West, Gulf Countries, and Turkey” support the “opposition” (and AQI also comprises the opposition), only the AQI part of that support for the opposition would want a “Salafist Principality” to be established. This is clearly stated regarding the effect on Iraq. However, the US/West do strongly support existing Salafist Principalities, as noted above, including the most ideologically expansionist one, Saudi Arabia. Thus, supporting a Salafist Principality, and annexation of territory (Israel, Cuba, Diego Garcia, etc.), is something the US already does currently. International relations scholar Dr. Nafeez Ahmed notes that a RAND corp report previously advised the US “to capitalise on the Shia-Sunni conflict by taking the side of the conservative Sunni regimes in a decisive fashion and working with them against all Shiite empowerment movements in the Muslim world.”)

The doc says the above-noted “deterioration”, likely referring to the ‘unravels’ term above, “has dire consequences on the Iraq situation.” It continues that this “deterioration” would give more momentum to terrorist groups and could allow them to declare an “Islamic state”, “which will create grave danger in regards to unifying Iraq and the protection of its territory.” (A study out of British universities noted that US government/media did not report on ISIS publicly until it began to seize oil fields. Then, the study shows, the US sent drones to try to stop ISIS.)

The last uncensored sentence of the doc says that the third consequence of the “deterioration of the situation” (’the situation’ likely meaning the FSA control of the border region) would be terrorist elements from all over the Arab world “entering into Iraqi arena.”

The rest of the document is censored, as are some sections before this.

Overall, what we can see in the document clearly states that a Salafist Principality is not desired by the West in terms of the Iraqi situation, but may or may not suggest that this principality is desired in terms of isolating Assad, which is a stated goal of the West and its allies (not just isolating, but removing). However, it is also a goal of AQI and its allies, which are defined both as supporting “the opposition” and having “declared its opposition of Assad’s government”. While this group and its affiliates could be viewed as a strategic asset for isolating Assad, they could also be viewed as a third party outside the wider global contest between West and East, which is opposed to either. However, a group in Syria opposed to both sides could be seen as preferable to having a group allied with the East and opposed to the West.

International security scholar Dr. Nafeez Ahmed analyzes these documents and concludes the US practices a policy of “sponsoring Islamist terrorism for dubious geopolitical purposes.”

“According to the newly declassified US document, the Pentagon foresaw the likely rise of the ‘Islamic State’ as a direct consequence of this strategy, and warned that it could destabilize Iraq. Despite anticipating that Western, Gulf state and Turkish support for the “Syrian opposition” — which included al-Qaeda in Iraq — could lead to the emergence of an ‘Islamic State’ in Iraq and Syria (ISIS), the document provides no indication of any decision to reverse the policy of support to the Syrian rebels. On the contrary, the emergence of an al-Qaeda affiliated “Salafist Principality” as a result is described as a strategic opportunity to isolate Assad.”

“The secret Pentagon document thus provides extraordinary confirmation that the US-led coalition currently fighting ISIS, had three years ago welcomed the emergence of an extremist “Salafist Principality” in the region as a way to undermine Assad, and block off the strategic expansion of Iran.”

“The establishment of such a “Salafist Principality” in eastern Syria, the DIA document asserts, is “exactly” what the “supporting powers to the [Syrian] opposition want.” Earlier on, the document repeatedly describes those “supporting powers” as “the West, Gulf countries, and Turkey.”

Charles Shoebridge, a former British Army and Metropolitan Police counter-terrorism intelligence officer, said (noted by Ahmed) that the documents “raise vitally important questions of the West’s governments and media in their support of Syria’s rebellion.”

“Throughout the early years of the Syria crisis, the US and UK governments, and almost universally the West’s mainstream media, promoted Syria’s rebels as moderate, liberal, secular, democratic, and therefore deserving of the West’s support. Given that these documents wholly undermine this assessment, it’s significant that the West’s media has now, despite their immense significance, almost entirely ignored them.”

Ahmed quotes a former US Marine: ““US intelligence predicted the rise of the Islamic State in Iraq and the Levant (ISIL or ISIS), but instead of clearly delineating the group as an enemy, the report envisions the terror group as a US strategic asset.”

Ahmed concludes:

“The rise of a Salafist quasi-state entity that might expand into Iraq, and fracture that country, was therefore clearly foreseen by US intelligence as likely — but nevertheless strategically useful — blowback from the West’s commitment to “isolating Syria.”

What the docs establish beyond doubt is that, in 2012, when they were written, the US saw the likelihood of a “Salafist Principality” or “Islamic State” being established, and was fully aware the insurgency in Syria was mainly driven by Islamic groups, who were fighting Assad and also supporting the FSA, which itself has been shown to have Islamic tendencies. For example, an FSA commander is on video saying he would want to implement Sharia law. But the West and its allies continued their support, as FSA members openly shared their US supplies with the ISIS-related groups, and even converted to ISIS.

As Ahmed puts it, “the Pentagon continued to support the Islamist insurgency, even while anticipating the probability that doing so would establish an extremist Salafi stronghold in Syria and Iraq.

This “entire covert strategy was sanctioned and supervised by the US, Britain, France, Israel and other Western powers.”

“As Shoebridge told me, “The documents show that not only did the US government at the latest by August 2012 know the true extremist nature and likely outcome of Syria’s rebellion” — namely, the emergence of ISIS — “but that this was considered an advantage for US foreign policy. This also suggests a decision to spend years in an effort to deliberately mislead the West’s public, via a compliant media, into believing that Syria’s rebellion was overwhelmingly ‘moderate.’”

Ahmed quotes a former MI5 officer explaining that after Libya and other such projects by the West, we see in this behavior towards Syria “part of an established pattern. And they remain indifferent to the sheer scale of human suffering that is unleashed as a result of such game-playing.”

What we already knew before these docs is that the US and West strongly support extremist Salafist states as part of their strategy of eating away at the parts of the world not under the US thumb, the “East”: Syria, Iran, Russia, and China. The US and West themselves are built on and continue to support and commit theft and annexation of territory, and support, commit, or ignore (if they are not politically helpful) all kinds of mass killings, including by groups worse than ISIS; these have included the Khmer Rouge, the Suharto Regime, and the US itself: the establishment of the USA and the building of it into a superpower was a process that involved crimes worse than anything ISIS will ever accomplish.

Further, ISIS, as pointed out by Kofi Annan and many others, arose as a consequence of the illegal US invasion of Iraq, motivated largely by Bush Jr.’s religious fanaticism, an invasion the international community tried and failed to prevent, which, the most recent and comprehensive report finds, has killed about 1 to 2 million or more people, another feat ISIS will never accomplish.

While studies and many official statements make clear, and it is obvious to any minimally non-US-brainwashed individual, that the invasion was largely about oil, even if we disregard that, ignore the rest of US history, and declare the US had/has “good intentions” regarding Iraq, that puts us at the level of of Japanese fascists, who believed in their “good intentions” regarding their invasions of China and elsewhere.

People with too much power always declare good intentions, and are often sincere, as they get god-complexes and view themselves as humanity’s benevolent saviors. But the reason war (including supporting warring proxies) is outlawed as an instrument of policy is that it has disastrous consequences, as we are seeing, even for the sincerely well-intentioned.

5/25/15 Update

It should be stressed that clearly admitting the West would “want” a Salafist principality in Eastern Syria is not generally the kind of statement people in governments would make of themselves, even in private, hence makes it less likely here that the West is being referred to specifically by that statement, as does the inclusion of the phrase “if the situation unravels” (meaning FSA control of the East) an Islamic state could result. However, it is noteworthy that the West and the Islamists are so easily conflated in this document (this conflation may well be intentional as a way of discussing benefits without clearly stating that they might be desired), as they are clearly delineated as both being opposed to the Assad government, and for similar reasons – opposing Iran and the Shia, backed by Russia and China, the latter part being of greater import to the West. The doc also makes very clear that the FSA was/is being supported by AQI and its Islamist affiliates, and that those Islamists were known to be “the major forces driving the insurgency”. It has long been known that FSA shares its US/Western/Gulf/Turkish supplies with and converts to Islamist groups, and AQI, the ISIS precursor, has always been known as particularly aggressive. And as Dr. Ahmed points out, the document nowhere suggests ending aid to the opposition due to its being driven by AQI and affiliates, and only frames the potential creation of the “Islamic state” as a bad thing in relation to Iraq. In relation to Syria/Assad, it is not framed as a bad thing, but as something that would be seen to “isolate” Assad, a goal shared by the West and the Islamist groups. So, these documents may well be an example of discussing a strategy while attempting to maintain some degree of “plausible deniability”.

It must also be remembered that the US and West not only support extremist Salafi/Wahhabi/Sharia established states, but have on numerous occasions worked with, backed, aided and/or paralleled some of the goals of non-state groups such as the Mujahedin and al Qaeda (in Afghanistan – see Brzezinski, Bob Gates; Bosnia, Kosovo – on these see Fulton in scholarly journal Global Security Studies), including under Obama in relation to Libya. In US support for the Mujahedin in Afghanistan and then the Taliban, the support was not even seen as a means to an end, but a completely acceptable end in itself: the US was fine with the Taliban taking power and staying in power, as long as it cooperated with the US. That is the bottom line. As soon as it proved uncooperative, the US “discovered” the Taliban human rights violations that non-governmental US monitors had been decrying for years, while the US was supporting the Taliban (here). And, as noted, abhorrent behavior is not a deterrent to US support. The US has committed far worse crimes than ISIS and supported groups far worse than ISIS. Only those unfamiliar with history and glued to US TV can think ISIS is some new level of evil in the world, or at least one not seen for a long time. The only qualifier for US support is whether the group in question is willing to cater to US business and strategic interests.

6/6/15 Update:

Dr. Nafeez Ahmed, in another detailed and important report in Middle East Eye, critiqued points from my above analysis and added crucial background information (bold added by me):
Similarly, Robert Barsocchini speculates that “supporting powers” might refer to al-Qaeda in Iraq. However, the US intelligence community does not classify AQI or any other non-state terrorist network as a “power”.
The use of the plural, “supporting powers,” clarifies that the reference is to a group of powers supporting the rebels, not just one entity like AQI.
Barsocchini, like Cole, also suggests that Western governments would not admit to wanting a “Salafist Principality,” even privately. This is incorrect. Declassified files since World War II prove that Western governments frequently and privately admit to cultivating Islamist extremism for geopolitical reasons.
In summary, the Pentagon report is absolutely clear that the West, the Gulf states and Turkey were supporting the Syrian opposition to attain a common goal: the emergence of a “Salafist” political entity in eastern Syria that would help “isolate” Assad.
– See more at: http://www.middleeasteye.net/columns/pentagon-confirms-west-gulf-states-and-turkey-created-islamic-state-608321312#sthash.fhgZ94ZJ.jjp4g9bW.dpuf Similarly, Robert Barsocchini speculates that “supporting powers” might refer to al-Qaeda in Iraq. However, the US intelligence community does not classify AQI or any other non-state terrorist network as a “power”. – See more at: http://www.middleeasteye.net/columns/pentagon-confirms-west-gulf-states-and-turkey-created-islamic-state-608321312#sthash.fhgZ94ZJ.jjp4g9bW.dpuf

Similarly [to Prof. Juan Cole], Robert Barsocchini speculates that “supporting powers” might refer to al-Qaeda in Iraq. However, the US intelligence community does not classify AQI or any other non-state terrorist network as a “power”.

The use of the plural, “supporting powers,” clarifies that the reference is to a group of powers supporting the rebels, not just one entity like AQI.

Barsocchini, like Cole, also suggests that Western governments would not admit to wanting a “Salafist Principality,” even privately. This is incorrect. Declassified files since World War II prove that Western governments frequently and privately admit to cultivating Islamist extremism for geopolitical reasons.

In summary, the Pentagon report is absolutely clear that the West, the Gulf states and Turkey were supporting the Syrian opposition to attain a common goal: the emergence of a “Salafist” political entity in eastern Syria that would help “isolate” Assad.

Find this story at 24 May 2015

Copyright http://www.empireslayer.org/

DIA Docs: West Wants a “Salafist Principality in Eastern Syria”?

Newly-declassified US Defense Intelligence Agency (DIA) documents from 2012:

In Syria:

THE SALAFIST [sic], THE MUSLIM BROTHERHOOD, AND AQI ARE THE MAJOR FORCES DRIVING THE INSURGENCY IN SYRIA.

AQI [Al Qaeda in Iraq, which became ISIS: “ISIS, once called AQI”] SUPPORTED THE SYRIAN OPPOSITION FROM THE BEGINNING, BOTH IDEOLOGICALLY AND THROUGH THE MEDIA…

…OPPOSITION FORCES ARE TRYING TO CONTROL THE EASTERN AREAS (HASAKA AND DER ZOR), ADJACENT TO THE WESTERN IRAQI PROVINCES (MOSUL AND ANBAR), IN ADDITION TO NEIGHBORING TURKISH BORDERS. WESTERN COUNTRIES, THE GULF STATES AND TURKEY ARE SUPPORTING THESE EFFORTS.

IF THE SITUATION UNRAVELS THERE IS THE POSSIBILITY OF ESTABLISHING A DECLARED OR UNDECLARED SALAFIST PRINCIPALITY IN EASTERN SYRIA (HASAKA AND DER ZOR), AND THIS IS EXACTLY WHAT THE SUPPORTING POWERS TO THE OPPOSITION WANT, IN ORDER TO ISOLATE THE SYRIAN REGIME…

Now for some definitions:

Salafi Movement:

The Salafist movement, also known as the Salafi movement, is a movement within Sunni Islam that references the doctrine known as Salafism.

The Salafi movement is often described as being synonymous with Wahhabism, but Salafists consider the term “Wahhabi” derogatory.[1] At other times, Salafism has been described as a hybrid of Wahhabism and other post-1960s movements.[2] Salafism has become associated with literalist, strict and puritanical approaches to Islam – and, particularly in the West, with the Salafi Jihadis who espouse offensive jihad against those they deem to be enemies of Islam as a legitimate expression of Islam.

In recent years, Salafi methodology has come to be associated with the jihad of extremist groups that advocate the killing of innocent civilians [though not all Salafists can be stereotyped under this umbrella].

Principality:

A principality (or princedom) can either be a monarchical feudatory or a sovereign state, ruled or reigned over by a monarch with the title of prince or by a monarch with another title within the generic use of the term prince.

Thus, what the documents say the Western powers and their collaborators want, a “Salafist Principality” in Easter Syria, is an Islamic monarchical state. It should be no surprise that the US/West want this, as they are allied with so many Islamic dictatorships (ie the Gulf States and Turkey, as noted above).

The strictest sect of Salafism:

Wahhabism (Saudi Arabia)

Wahhabism is a more strict, Saudi form of Salafism, according to Mark Durie, who states Saudi leaders “are active and diligent” using their considerable financial resources “in funding and promoting Salafism all around the world.” Ahmad Moussalli tends to agree with the view that Wahhabism is a subset of Salafism, saying “As a rule, all Wahhabis are salafists, but not all salafists are Wahhabis”.

Saudi Government is funding to increase the Salafi Islam throughout the world. Estimates of Saudi spending on religious causes abroad include “upward of $100 billion”, between $2 and 3 billion per year since 1975 (compared to the annual Soviet propaganda budget of $1 billion/year [and US government/corporate propaganda budgets of many billions per year]),[92] and “at least $87 billion” from 1987–2007.

Its largesse funded an estimated “90% of the expenses of the entire faith“, throughout the Muslim World…

“Books, scholarships, fellowships, mosques” (for example, “more than 1,500 mosques were built from Saudi public funds over the last 50 years”) were paid for.[96] It rewarded journalists and academics, who followed it and built satellite campuses around Egypt for Al Azhar, the oldest and most influential Islamic university.[97] Yahya Birt counts spending on “1,500 mosques, 210 Islamic centres and dozens of Muslim academies and schools”.

This financial aid has done much to overwhelm less strict local interpretations of Islam, according to observers like Dawood al-Shirian and Lee Kuan Yew, and has caused the Saudi interpretation (sometimes called “petro-Islam”) to be perceived as the correct interpretation – or the “gold standard” of Islam – in many Muslims’ minds.

While the Western powers and their collaborators may want a Salafist Principality in Eastern Syria, they, mainly the US, are openly supporting the most extreme Salafist, missionary state in the world: Saudi Arabia.

The US has been supporting Saudi Arabia since oil was discovered there around the 1930s.

The US is the world’s biggest arms trafficker. The biggest arms sale of the world’s biggest arms trafficker was to the Saudi dictatorship, approved by Obama in 2010:

The Guardian:

Barack Obama to authorise record $60bn Saudi arms sale

Biggest arms deal in US history…

The US is the world’s largest arms supplier…

Amnesty reported that, contrary to US gov and media propaganda, the Saudi regime got worse under the last dictator (who recently died), and is getting even worse now under new US-backed dictator Abdulaziz, with Saudi Arabia committing dozens and dozens of beheading/crucifixions, taking the lead in confirmed state executions worldwide.

2009 US documents leaked by Wikileaks revealed Hillary Clinton stating that Saudi Arabia is the world’s biggest source of funding for Sunni terrorist groups.

Abdulaziz himself, the top of the Saudi dictatorship, is said by al Qaeda to be one of their sources of funding and support.

Unlike Iran, which has parliamentary representatives and voting, Saudi Arabia is a straight despotism which maintains itself through terror, such as by lashing innocent civilians in public.

Unlike Iran, Saudi Arabia not only does not renounce nuclear weapons (US intelligence does not even say Iran is pursuing them; in fact far from it), but Saudi officials promise never to renounce nuclear weapons, or even negotiate about nuclear weapons, which Iran has agreed to do numerous times, with the US always cancelling the negotiations, as Obama has done before, and did again this week: “US Kills Nuclear Free Mid-East Conference“.

Indeed, Saudi Arabia just announced its intentions to go nuclear, a prospect that has long been known to all.

None of this prevents the US from making its biggest ever lethal arms sale to the dictatorship, or selling them almost a billion dollars worth of banned cluster bombs in 2013, which HRW reports are now being used in the US-coordinated/assisted Saudi aggressive war against Yemen, from which the US refuses to rescue its own civilian nationals, unlike eight other countries including Russia, China, and India, which have performed rescue missions.

To be fair, the US has performed rescue missions in Yemen… for Saudi bombers.

5/24/15 Update:

For those interested, here is a four page, point by point analysis of the declassified DIA docs.

@_DirtyTruths

Author’s research focuses on global force dynamics. He also writes professionally for the film industry. His articles have been noted by professors, scholars, student-groups, and other independent researchers.

Posted on May 23, 2015 by Robert Barsocchini

Find this story at 23 May 2015

© 2007 – 2015 Washington’s Blog

2012 Defense Intelligence Agency document: West will facilitate rise of Islamic State “in order to isolate the Syrian regime”

Monday, May 18, the conservative government watchdog group Judicial Watch published a selection of formerly classified documents obtained from the U.S. Department of Defense and State Department through a federal lawsuit.
While initial mainstream media reporting is focused on the White House’s handling of the Benghazi consulate attack, a much “bigger picture” admission and confirmation is contained in one of the Defense Intelligence Agency documents circulated in 2012: that an ‘Islamic State’ is desired in Eastern Syria to effect the West’s policies in the region.
Astoundingly, the newly declassified report states that for “THE WEST, GULF COUNTRIES, AND TURKEY [WHO] SUPPORT THE [SYRIAN] OPPOSITION… THERE IS THE POSSIBILITY OF ESTABLISHING A DECLARED OR UNDECLARED SALAFIST PRINCIPALITY IN EASTERN SYRIA (HASAKA AND DER ZOR), AND THIS IS EXACTLY WHAT THE SUPPORTING POWERS TO THE OPPOSITION WANT, IN ORDER TO ISOLATE THE SYRIAN REGIME…”.
The DIA report, formerly classified “SECRET//NOFORN” and dated August 12, 2012, was circulated widely among various government agencies, including CENTCOM, the CIA, FBI, DHS, NGA, State Dept., and many others.
The document shows that as early as 2012, U.S. intelligence predicted the rise of the Islamic State in Iraq and the Levant (ISIL or ISIS), but instead of clearly delineating the group as an enemy, the report envisions the terror group as a U.S. strategic asset.
While a number of analysts and journalists have documented long ago the role of western intelligence agencies in the formation and training of the armed opposition in Syria, this is the highest level internal U.S. intelligence confirmation of the theory that western governments fundamentally see ISIS as their own tool for regime change in Syria. The document matter-of-factly states just that scenario.
Forensic evidence, video evidence, as well as recent admissions of high-level officials involved (see former Ambassador to Syria Robert Ford’s admissions here and here), have since proven the State Department and CIA’s material support of ISIS terrorists on the Syrian battlefield going back to at least 2012 and 2013 (for a clear example of “forensic evidence”: see UK-based Conflict Armament Research’s report which traced the origins of Croatian anti-tank rockets recovered from ISIS fighters back to a Saudi/CIA joint program via identifiable serial numbers).
The newly released DIA report makes the following summary points concerning “ISI” (in 2012 “Islamic State in Iraq,”) and the soon to emerge ISIS:
Al-Qaeda drives the opposition in Syria
The West identifies with the opposition
The establishment of a nascent Islamic State became a reality only with the rise of the Syrian insurgency (there is no mention of U.S. troop withdrawal from Iraq as a catalyst for Islamic State’s rise, which is the contention of innumerable politicians and pundits; see section 4.D. below)
The establishment of a “Salafist Principality” in Eastern Syria is “exactly” what the external powers supporting the opposition want (identified as “the West, Gulf Countries, and Turkey”) in order to weaken the Assad government
“Safe havens” are suggested in areas conquered by Islamic insurgents along the lines of the Libyan model (which translates to so-called no-fly zones as a first act of ‘humanitarian war’; see 7.B.)
Iraq is identified with “Shia expansion” (8.C)
A Sunni “Islamic State” could be devastating to “unifying Iraq” and could lead to “the renewing facilitation of terrorist elements from all over the Arab world entering into Iraqi Arena.” (see last non-redacted line in full PDF view.)
_____________________________________________
The following is excerpted from the seven page DIA declassified report (bold-facing is my own):
R 050839Z AUG 12
…
THE GENERAL SITUATION:
A. INTERNALLY, EVENTS ARE TAKING A CLEAR SECTARIAN DIRECTION.
B. THE SALAFIST [sic], THE MUSLIM BROTHERHOOD, AND AQI ARE THE MAJOR FORCES DRIVING THE INSURGENCY IN SYRIA.
C. THE WEST, GULF COUNTRIES, AND TURKEY SUPPORT THE OPPOSITION; WHILE RUSSIA, CHINA AND IRAN SUPPORT THE REGIME.
…
3. (C) Al QAEDA – IRAQ (AQI):… B. AQI SUPPORTED THE SYRIAN OPPOSITION FROM THE BEGINNING, BOTH IDEOLOGICALLY AND THROUGH THE MEDIA…
…
4.D. THERE WAS A REGRESSION OF AQI IN THE WESTERN PROVINCES OF IRAQ DURING THE YEARS OF 2009 AND 2010; HOWEVER, AFTER THE RISE OF THE INSURGENCY IN SYRIA, THE RELIGIOUS AND TRIBAL POWERS IN THE REGIONS BEGAN TO SYMPATHIZE WITH THE SECTARIAN UPRISING. THIS (SYMPATHY) APPEARED IN FRIDAY PRAYER SERMONS, WHICH CALLED FOR VOLUNTEERS TO SUPPORT THE SUNNI’S [sic] IN SYRIA.
…
7. (C) THE FUTURE ASSUMPTIONS OF THE CRISIS:
A. THE REGIME WILL SURVIVE AND HAVE CONTROL OVER SYRIAN TERRITORY.
B. DEVELOPMENT OF THE CURRENT EVENTS INTO PROXY WAR: …OPPOSITION FORCES ARE TRYING TO CONTROL THE EASTERN AREAS (HASAKA AND DER ZOR), ADJACENT TO THE WESTERN IRAQI PROVINCES (MOSUL AND ANBAR), IN ADDITION TO NEIGHBORING TURKISH BORDERS. WESTERN COUNTRIES, THE GULF STATES AND TURKEY ARE SUPPORTING THESE EFFORTS. THIS HYPOTHESIS IS MOST LIKELY IN ACCORDANCE WITH THE DATA FROM RECENT EVENTS, WHICH WILL HELP PREPARE SAFE HAVENS UNDER INTERNATIONAL SHELTERING, SIMILAR TO WHAT TRANSPIRED IN LIBYA WHEN BENGHAZI WAS CHOSEN AS THE COMMAND CENTER OF THE TEMPORARY GOVERNMENT.
…
8.C. IF THE SITUATION UNRAVELS THERE IS THE POSSIBILITY OF ESTABLISHING A DECLARED OR UNDECLARED SALAFIST PRINCIPALITY IN EASTERN SYRIA (HASAKA AND DER ZOR), AND THIS IS EXACTLY WHAT THE SUPPORTING POWERS TO THE OPPOSITION WANT, IN ORDER TO ISOLATE THE SYRIAN REGIME, WHICH IS CONSIDERED THE STRATEGIC DEPTH OF THE SHIA EXPANSION (IRAQ AND IRAN)
8.D.1. …ISI COULD ALSO DECLARE AN ISLAMIC STATE THROUGH ITS UNION WITH OTHER TERRORIST ORGANIZATIONS IN IRAQ AND SYRIA, WHICH WILL CREATE GRAVE DANGER IN REGARDS TO UNIFYING IRAQ AND THE PROTECTION OF ITS TERRITORY.

May 19, 2015 by Brad Hoff 43 Comments

Find this story at 19 May 2015

Copyright http://levantreport.com/

US said preparing to release Israeli spy Jonathan Pollard

Officials say chances of life-termer going free ‘better than ever’ as US seeks to sooth Israel over Iran; Justice Department denies report

The Obama administration is preparing to release Jonathan Pollard, who was convicted in 1987 of spying for Israel, in hopes of alleviating tensions over the Iranian nuclear deal, the Wall Street Journal reported Friday.

According to US officials cited in the report, some are pushing for Pollard’s release in a matter of weeks, while others say it could take months. Still other US officials mentioned in the report denied any link between the Iranian nuclear deal and Pollard’s potential release.

ABC News’ managing editor tweeted Friday night that US officials had confirmed to ABC that the former Navy analyst was set to be released in November, when he is eligible for parole.

But the Justice Department said it expected Pollard to serve out his entire sentence.

“The Department of Justice has always and continues to maintain that Jonathan Pollard should serve his full sentence for the serious crimes he committed, which in this case is a 30-year sentence as mandated by statute,” said spokesman Marc Raimondi.

“Mr. Pollard’s status will be determined by the United States Parole Commission according to standard procedures,” added National Security Council spokesman Alistair Baskey. “There is absolutely zero linkage between Mr. Pollard’s status and foreign policy considerations.”

Israeli government officials — including Prime Minister Benjamin Netanyahu himself — activists, and even members of Congress have for decades lobbied successive US administrations for Pollard’s release.

There have been several reports in US media in recent months alleging that Pollard may be released later this year.

Last week, one of Pollar’s attorneys, Eliot Lauer, told the Times of Israel that he has received no indication of this.

“We have not received any word, and I would expect that either I or my client would be the ones who would be notified,” he said. Lauer is a member of Pollard’s pro bono legal team, and has represented him for over two decades.

The 61-year-old Pollard is serving a life sentence in a US federal prison for passing classified information to Israel; he was granted citizenship by Israel 20 years ago. The flurry of reports reflect a US government website that lists Pollard’s release date (under ID number 09185-016) as November 21, 2015 – a date that would coincide with the 30th anniversary of his arrest.

Lauer noted that November 21, 2015, has been listed as a release date for Pollard for decades.

US government site showing Jonathan Pollard’s scheduled release date
US government site showing Jonathan Pollard’s scheduled release date

In order for Pollard to be released, a Notice of Action must first be issued – and presumably, it is Pollard’s legal team which would receive it first. According to Lauer, no such Notice of Action has been received.

Lauer said the authorities could issue such a notice shortly before Pollard’s release date.

Although Pollard is serving a life sentence under a Federal law that allows the possibility of parole, he is the only American citizen who has been sentenced to life in prison for passing classified information to a US ally.

The US has at times considered releasing Pollard, but has been met with fierce opposition by some in the CIA, the FBI and the Justice Department. This could again be the case if indeed the Obama administration is considering it, but “[Pollard’s] chances at winning freedom are better now than they have ever been,” according to the WSJ report that attributes the belief to unnamed US officials.

There have been multiple false starts and reports over the years indicating that Pollard’s release was imminent. During his farewell visit as president of Israel to Washington DC last year, Shimon Peres pressed President Barack Obama for Pollard’s release.

In August 2014, a request by Pollard for parole was denied, with the officials arguing that releasing Pollard would “constitute contempt for the severity of the offense and promote a lack of respect for the law.”

AP contributed to this report.

BY REBECCA SHIMONI STOIL AND TIMES OF ISRAEL STAFF July 24, 2015, 11:29 pm 43

Find this story at 24 July 2015

© 2015 THE TIMES OF ISRAEL

Capturing Jonathan Pollard

De Amerikaanse voormalig spion Jonathan Pollard zit een levenslange gevangenisstraf uit. Als werknemer bij de VS Marine Inlichtingendienst stal hij honderdduizenden geheime documenten en verkocht die aan Israël. De man die hem ontmaskerde, schreef er een boek over.

Bradley Manning wordt verdacht van het lekken van geheime documenten van de Amerikaanse overheid. Deze documenten werden openbaar gemaakt voor Wikileaks. Nog voordat Manning een eerlijk proces heeft gekregen, zit hij al een ruim een jaar in eenzame opsluiting.

De omvang en gevoeligheid van de Wikileaks-documenten vallen echter in het niet in vergelijking met het aantal geheime stukken dat Jonathan Pollard begin jaren ’80 aan de Israëliërs heeft overhandigd. Pollard werkte voor de Naval Intelligence Service. Van juni 1984 tot zijn aanhouding in november 1985 wandelde hij bijna dagelijks het gebouw van de Naval Intelligence Command uit met een tas vol top secret documenten.

De Amerikaanse overheid schat dat hij ruim een miljoen stukken aan de Israëliërs heeft overhandigd. Een van de stukken was het tiendelige boekwerk Radio-Signal Notations (RASIN), een gedetailleerde beschrijving van het netwerk van de wereldwijde elektronische observatie door de Amerikanen.

Pollard onderzocht

Capturing Jonathan Pollard werd in 2006 door de Naval Institue Press gepubliceerd. Het boek is van de hand van Ronald Olive, destijds werkzaam voor de Naval Criminal Investigative Service (NCIS). Als medewerker van de NCIS kreeg Olive in 1985 de taak om te onderzoeken of Pollard geheime stukken lekte.

Het onderzoek volgde op een tip van een medewerker van de Anti-Terrorism Alert Center (ATAC) van de NIS, de afdeling waar Pollard werkte. Deze man zag Pollard het gebouw uitlopen met een stapel papier. De stapel was verpakt in bruin inpakpapier en tape met de code TS/SCI, Top Secret/Sentive Compartmented Information. TS/SCI is een nog zwaardere kwalificatie als top secret.

Pollard stapte met de stukken bij zijn vrouw Ann in de auto. Nog even dacht zijn collega dat Pollard naar een andere inlichtingendienst, zoals de DIA (Defense Intelligence Service) zou rijden om daar de documenten af te geven. Dit leek onwaarschijnlijk omdat Pollard eerder tegen hem had gezegd dat hij verkeerde documenten had besteld bij het ‘archief’ en dat hij deze nu moest terugbrengen en vernietigen. Pollard en Ann reden echter een geheel andere kant op.

Olive beschrijft vervolgens de ontmaskering van Jonathan en Ann. In Pollards werkruimte wordt een camera opgehangen die registreert hoe de spion een aktetas vol TS/SCI documenten propt en het gebouw verlaat. Pollard en zijn vrouw ruiken onraad en proberen de sporen van spionage te wissen. Ann moet een koffer vol super geheime documenten, die in hun huis liggen, vernietigen. Zij raakt in paniek en de koffer belandt bij de buren.

Gevoelige snaar

Het boek van Ronald Olive is nog even actueel als het eerste boek dat over deze spionagezaak is verschenen in 1989, Territory of Lies: The American Who Spied on His Country for Israel and How He Was Betrayed.

Begin dit jaar wordt een petitie, ondertekend door meer dan 10.000 Israëliërs, aan de Israëlische president Shimon Peres gezonden. Hierin roepen politici, kunstenaars en andere bekende en onbekende Israëliërs de president op om Pollard vrij te krijgen. Op 1 september 2010 berichtte de LA Times zelfs dat de vrijlating van Pollard de bevriezing van de bouw van Israëlische nederzettingen in de bezette gebieden zou verlengen.

Pollard raakt kennelijk een gevoelige snaar, zowel in Israël als in de Verenigde Staten. Schrijver Olive op zijn beurt bevindt zich in een gezelschap van allerlei mensen die er voor ijveren om de spion zijn gehele leven achter slot en grendel te houden, hoewel levenslang in de Verenigde Staten niet echt levenslang hoeft te zijn. Bij goed gedrag kunnen gevangenen na dertig jaar vrijkomen.

In 1987 werd Pollard veroordeeld tot levenslang na een schuldbekentenis en toezegging dat hij de Amerikaanse overheid zou helpen bij het in kaart brengen van de schade die hij door zijn spionage-activiteiten had veroorzaakt. Die schade werd door de toenmalige minister van Defensie Casper Weinberger vastgelegd in een memorandum van 46 pagina’s, welke nog steeds niet openbaar is gemaakt. Pollard’s vrouw kreeg vijf jaar gevangenisstraf voor het in bezit hebben van staatsgeheime documenten.

Capturing Jonathan Pollard is geen spannend fictie / non-fictie boek met een twist, zoals Spywars van Bagley. Olive beschrijft droog het leven van de spion vanaf het moment dat hij bij de CIA solliciteert, tot aan de dag van zijn veroordeling. Natuurlijk is de schrijver begaan met de geheimhouding van Amerikaanse strategische informatie en verbaast het niet dat hij bij het verschijnen van het boek in 2006 een pleidooi hield om Pollard niet vrij te laten.

Niet kieskeurig

Hoewel de volle omvang van het lekken van Pollard niet duidelijk wordt beschreven, blijkt dat Pollard niet bepaald kieskeurig was. De Israëliërs hadden hem lijsten meegegeven van wat zij graag wilden hebben, vooral informatie over het Midden-Oosten, maar ook over de Russen en operaties van de Amerikanen in het Middellandse Zee gebied.

Zodra Pollard echter stukken langs ziet komen die ook voor andere landen interessant zouden kunnen zijn, probeert hij ook daar te winkelen. Zo poogt hij geheime documenten aan de Chinezen, Australiërs, Pakistani en de Zuid-Afrikanen, maar ook aan buitenlandse correspondenten te slijten.

Het gegeven dat landen elkaars strategische informatie en geheimen proberen te stelen, is niet nieuw. Het bestaan van contra-spionage afdelingen toont aan dat geheime diensten daar zelf ook rekening mee houden. De Australiërs dachten dan ook dat Pollard onderdeel uitmaakte van een CIA-operatie. Hoewel ze dat eigenlijk niet konden geloven, vermeed hun medewerker Pollard en werd de zaak niet gemeld bij Amerikaanse instanties.

Als onderdeel van thrillers en spannende lectuur zijn de spionage praktijken van Pollard, zoals Olive die beschrijft, niet bijster interessant, want het leidt af van waar het werkelijk om draait. Daarentegen is het boek van grote waarde waar het gaat om de beschrijving van de persoon Pollard, de wijze waarop hij kon spioneren, zijn werkomgeving, de blunders die worden gemaakt – niet alleen het aannemen en overplaatsen van Pollard, maar ook de wijze waarop geheimen zo eenvoudig kunnen worden gelekt – eigenlijk de totale bureaucratie die de wereld van inlichtingendiensten in zijn greep heeft.

Hoewel deze persoonlijke en bureaucratische gegevens niet breed worden uitgemeten – Olive is zelf een voormalig inlichtingenman – verschaft het boek een veelheid aan informatie daarover. De schrijver lijkt die persoonlijke details specifiek aan Pollard te koppelen, alsof het niet voor andere medewerkers zou gelden.

Opschepper

Dit gaat ook op ook voor de gemaakte fouten van de bureaucratie rond de carrière van de spion. Zo lijkt Pollard van jongs af aan een voorliefde te hebben gehad om spion te worden, of in ieder geval iets geheims te willen doen in zijn leven. Tijdens zijn studie schept hij erover op dat hij voor de Mossad zou werken en had gediend in het Israëlische leger. Zijn vader zou ook voor de CIA werkzaam zijn.

Aan deze opschepperij verbindt Olive een psychologisch element. Het zou een soort compensatie zijn voor de slechte jeugd van Pollard die vaak zou zijn gepest. Ook zijn vrouw zou niet bij hem passen omdat die te aantrekkelijk is. Pollard moet dat compenseren door stoer te doen. Later, toen hij voor een inlichtingendienst werkte, voelde hij zich opnieuw het buitenbeentje. Zijn carrière verliep alles behalve vlekkeloos, regelmatig werd hij op een zijspoor gezet.

Olive schetst een beeld van een verwend kind, dat niet op juiste waarde werd ingeschat en stoer wilde doen. Was Pollard echter zoveel anders dan zijn voormalige collega analisten of medewerkers van de inlichtingendienst? Werken voor een inlichtingendienst vereist een zekere mate van voyeurisme, een gespleten persoonlijkheid. Buiten je werk om kun je niet vrijelijk praten over datgene waar je mee bezig bent.

Dat doet wat met je psyche, maar trekt ook een bepaald soort mensen aan. Het werk betreft namelijk niet het oplossen van misdrijven, maar het kijken in het hoofd van mogelijke verdachten. Het BVD-dossier van oud-provo Roel van Duin laat zien dat een dienst totaal kan ontsporen door zijn eigen manier van denken. Dat komt echter niet voort uit de dienst als abstracte bureaucratie, maar door toedoen van de mensen die er werken.

Roekeloos

Pollard gedroeg zich arrogant en opschepperig, misschien wel om zijn eigen onzekerheid te maskeren. Dergelijk gedrag wordt door de schrijver verbonden aan zijn spionage-activiteiten voor de Israëliërs. Pollard was echter niet getraind in het lekken van documenten en ging verre van zorgvuldig te werk. Hij deed het zo openlijk dat het verbazingwekkend is dat het zo lang duurde voordat hij tegen de lamp liep. Hij zei bijvoorbeeld tegen de Israëliërs dat zij alleen de TS/SCI documenten moesten kopiëren en dat ze de rest mochten houden.

In de loop van de anderhalf jaar dat hij documenten naar buiten smokkelde, werd hij steeds roekelozer. Dat hij gespot werd met een pak papier onder zijn arm terwijl hij bij zijn vrouw in de auto stapte, was eerder toeval dan dat het het resultaat was van grondig speurwerk van de NCIS.

Eenmaal binnenin het inlichtingenbedrijf zijn de mogelijkheden om te lekken onuitputtelijk. Als Pollard wel getraind was geweest en zorgvuldiger te werk was gegaan, dan had hij zijn praktijk eindeloos kunnen voorzetten. Welke andere ‘agenten’ doen dat wellicht nog steeds? Of welke andere medewerkers waren minder roekeloos en tevreden geweest met het lekken van enkele documenten?

Die medewerkers vormen gezamenlijk het systeem van de dienst. Pollard schepte graag op, maar de schrijver van Spy Wars, Bagley, klopte zich ook graag op de borst en, hoewel in mindere mate, Ronald Olive ook. Iets dat eigenlijk vreemd is, als het aantal blunders in ogenschouw wordt genomen nadat Pollard ontdekt was. Alleen omdat de Israëliërs Pollard de toegang tot de diplomatieke vestiging ontzegden, zorgde ervoor dat hij alsnog gearresteerd en levenslang kreeg in de VS. Hij was echter bijna ontsnapt.

Blunders

Het is daarom niet gek dat inlichtingendiensten een gebrek aan bescheidenheid vertonen. Vele aanslagen zijn voorkomen, wordt vaak beweerd, maar helaas kunnen de diensten geen details geven. Het klinkt als Pollard, op bezoek bij Olive, die breed uitmeet dat hij die en die kent op de Zuid-Afrikaanse ambassade en of hij die moet werven als spion. Olive was werkzaam voor de NCIS. Pollard bezocht hem voordat hij werd ontmaskerd. Zijn eigen gebrek aan actie in relatie tot de twijfels over Pollard toont aan dat geen enkel bureaucratisch systeem perfect is, ook niet dat van inlichtingendiensten.

Het is niet verbazingwekkend dat de carrière van Pollard bezaaid is met blunders. Hij werd dan wel afgewezen door de CIA, maar waagde vervolgens een gokje bij een andere dienst en had geluk. Hij werd bij de NIS aangenomen en kroop zo langzaamaan in de organisatie. De fouten die bij het aannamebeleid en bij de evaluaties van Pollard zijn gemaakt, worden door Olive gepresenteerd als op zichzelf staand, maar de hoeveelheid blunders en gebrekkige administratie lijken zo talrijk dat het geen toevalstreffers zijn.

Bij elke promotie of overplaatsing lijkt slechts een deel van zijn persoonsdossier hem te volgen. De NIS wist vanaf het begin niet dat Pollard eerder door de CIA werd afgewezen. Als zijn toegang tot geheime documenten wordt ingetrokken, wacht Pollard net zo lang tot bepaalde medewerkers zijn overgeplaatst of vertrokken. Hij wordt dan wel afgeschilderd als een verwend kind dat met geheimen speelt, regelmatig moet Olive echter toegeven dat Pollard een briljant analist is. Pas in de laatste maanden van zijn spionage-activiteiten, lijdt zijn werk onder de operatie om zoveel mogelijk documenten naar buiten te smokkelen.

Waarom Pollard de Amerikaanse overheid schade toebracht, wijdt Olive vooral aan zijn joodse afkomst. Niet dat de schrijver alle joodse Amerikanen verdenkt, maar een belangrijke reden voor het fanatiek lekken wordt verklaard aan de hand van Pollard’s wens om naar Israël te emigreren. Olive gaat echter voorbij aan het geld dat de spion aan zijn activiteiten verdiende. Aanvankelijk 1.500 dollar per maand, na een paar maanden 2.500 en twee volledig verzorgde reizen met zijn vrouw naar Europa en Israël en tot slot een Zwitserse bankrekening met jaarlijks een bonus van 30.000 dollar.

Los van de Zwitserse rekening schat de Amerikaanse overheid dat Pollard rond de 50.000 dollar aan zijn spionagewerk heeft overgehouden. Eigenlijk niet eens veel in vergelijking met de één miljoen documenten die hij leverde. De onderhandelingen over het geld maken echter duidelijk dat Pollard wel degelijk geïnteresseerd was om zoveel mogelijk te verdienen. De prijs werd gedrukt omdat de Israëliërs niet erg toeschietelijk waren en Pollard ze sowieso wilde helpen.

Afkomst

Zijn joodse afkomst zat hem in de weg, want waarschijnlijk had hij alleen al voor het tiendelige boekwerk Radio-Signal Notations (RASIN) 50.000 dollar kunnen krijgen. Uiteindelijk blijkt Pollard een gewoon mens die de verlokking van het geld niet kon weerstaan. Andere agenten zijn hem voorgegaan en hebben zijn voorbeeld gevolgd.

Het nadeel van zijn afkomst blijkt ook uit het feit dat hij zijn Israëlische runner een ‘cadeautje’ gaf. Aviem Sella had mee gevochten in de zesdaagse Yom Kippur oorlog en was een van de piloten die de Iraakse kernreactor in Osirak bombardeerde. Pollard gaf hem destijds satellietbeelden van die aanval. Sella wordt nog steeds gezocht voor Verenigde Staten voor spionage.

De operatie werd door een andere veteraan, Rafi of Rafael Eitan, geleid. Onder diens leiding spoorde de Mossad Adolf Eichmann op. Eitan en Sella werden rijkelijk beloond voor hun werk met Pollard, maar moesten hun promoties inleveren omdat de Amerikanen eind jaren ’80 furieus reageerden. Na de arrestatie van Pollard beweerden de Israëliërs dat ze helemaal niet zoveel documenten hadden gekregen van de spion en de onderhandelingen over teruggave uiterst stroef waren verlopen.

Uiteindelijk werd maar een fractie van de documenten teruggegeven aan de Amerikanen. De Israëliërs waren vooral bezig om na zijn veroordeling Pollard vrij te krijgen. Premier Nethanyahu sprak vorig jaar de Knesset toe over het lot van Pollard, terwijl de Israëlische ambassadeur in de VS hem juli 2011 bezocht in de gevangenis.

Tot nu toe lijken de Amerikanen niet van zins om hem vrij te laten. Na de veroordeling van Pollard kwam de campagne Free Pollard op gang. Zijn vrouw verdween uit beeld. Niet alleen Israëliërs nemen deel aan de campagne, maar ook Alan Dershowitz, professor aan de Harvard Law School en andere academici. In het laatste hoofdstuk More sinned against than sinning beschrijft Olive enkele andere spionnen die documenten verkochten aan buitenlandse mogendheden.

Capturing Jonathan Pollard was nog niet gepubliceerd toen de stroom Wikileaks-documenten op gang kwam. Die documenten laten echter zien dat een waterdicht systeem niet bestaat en dat mensen voor geld of om andere redenen geheime stukken lekken. De Wikileaks-documenten onderstrepen dat er sinds de jaren ’80 weinig is veranderd. Met als enige verschil de hardvochtige wijze waarop verdachte Manning in deze zaak wordt behandeld en de gebrekkige aandacht die hij krijgt van professoren en andere betrokkenen bij de Wikileaks-documenten.

Capturing Jonathan Pollard: How One of the Most Notorious Spies in American History Was Brought to Justice. Auteur Ronald J. Olive. Uitgeverij US Naval Institute Press (2006).

Find this story at 19 June 2012

The Mystery of Duqu 2.0: a sophisticated cyberespionage actor returns New zero-day used for effective kernel memory injection and stealth

Earlier this year, during a security sweep, Kaspersky Lab detected a cyber-intrusion affecting several of our internal systems.

Following this finding, we launched a large scale investigation, which led to the discovery of a new malware platform from one of the most skilled, mysterious and powerful groups in the APT world – Duqu. The Duqu threat actor went dark in 2012 and was believed to have stopped working on this project – until now. Our technical analysis indicates the new round of attacks include an updated version of the infamous 2011 Duqu malware, sometimes referred to as the stepbrother of Stuxnet. We named this new malware and its associated platform “Duqu 2.0”.

Some of the new 2014-2015 Duqu infections are linked to the P5+1 events and venues related to the negotiations with Iran about a nuclear deal. The threat actor behind Duqu appears to have launched attacks at the venues for some of these high level talks. In addition to the P5+1 events, the Duqu 2.0 group has launched a similar attack in relation to the 70th anniversary event of the liberation of Auschwitz-Birkenau.

In the case of Kaspersky Lab, the attack took advantage of a zero-day in the Windows Kernel, and possibly up to two other, currently patched vulnerabilities, which were zero-day at that time. The analysis of the attack revealed that the main goal of the attackers was to spy on Kaspersky Lab technologies, ongoing research and internal processes. No interference with processes or systems was detected. More details can be found in our technical paper.

From a threat actor point of view, the decision to target a world-class security company must be quite difficult. On one hand, it almost surely means the attack will be exposed – it’s very unlikely that the attack will go unnoticed. So the targeting of security companies indicates that either they are very confident they won’t get caught, or perhaps they don’t care much if they are discovered and exposed. By targeting Kaspersky Lab, the Duqu attackers probably took a huge bet hoping they’d remain undiscovered; and lost.

At Kaspersky Lab, we strongly believe in transparency, which is why we are going public with this information. Kaspersky Lab is confident that its clients and partners are safe and that there is no impact on the company’s products, technologies and services.

By GReAT on June 10, 2015. 12:00 pm

Find this story at 10 June 2015

© 2015 AO Kaspersky Lab.

Spy vs. Spy: Espionage and the U.S.-Israel Rift

If more evidence was needed to show that the relationship between Benjamin Netanyahu and Barack Obama has morphed from tragedy to farce, it came late Monday with the revelation that Israel had spied on the nuclear talks between the United States and Iran.

“The White House discovered the operation,” according to the blockbuster account by Adam Entous in The Wall Street Journal, “when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said.”

Talk about spy vs. spy, the old Mad magazine trope featuring two pointy-nosed, masked cartoon creatures. The National Security Agency, eavesdropping on Israeli officials (as usual, according to the revelations of Edward Snowden), overheard them discussing intelligence their own spies had gathered by spying on U.S. officials talking about the Iran negotiations.

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This was a whole new level of gamesmanship between the two bickering allies.

“It’s one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” an unnamed “senior U.S. official” told the Journal.

Officials in Jerusalem issued emphatic denials, as they did last year when Newsweek reported on Israeli espionage against the U.S., saying that “Israel does not spy on the United States, period, exclamation mark,’’ as Yuval Steinitz, minister for intelligence and strategic affairs, told Israel Radio on Tuesday.

Of course, Israel does spy on the U.S., and vice versa. In the age of cyberwar, electronic spying runs on autopilot, with state-of-the-art Pac-Mans zooming around the Internet gobbling up anything with the right keyword. Anybody with an antenna (or a keyboard) spies on whoever is seen as the remotest threat, including friends. Or as the Journal put it, “While U.S. officials may not be direct targets…Israeli intelligence agencies sweep up communications between U.S. officials and parties targeted by the Israelis, including Iran.”

And how did the Israelis intercept conversations between officials in Tehran and Washington? In another comedic dimension to this latest spy flap, it turns out that “U.S. intelligence agencies helped the Israelis build a system to listen in on high-level Iranian communications,” the Journal reported.

In part, it’s an old story. Israel’s clandestine operations to steal U.S. scientific, technical, industrial and financial secrets are so commonplace here that officials in the Pentagon and FBI periodically verge into open revolt.

Last year, U.S. intelligence officials trooped up to Capitol Hill to tell U.S. lawmakers considering visa waivers for Israelis that Jerusalem’s spying here had “crossed red lines.” One congressional staffer who attended the behind-closed-doors briefings called the information “very sobering…alarming…even terrifying.” Another staffer called it “damaging.”

“We used to call the Israelis on the carpet once a year to tell them to cut it out, when a particular stunt was just too outrageous ” says a former top FBI counterintelligence official. “They’d make all the right noises and then go right back at it through another door.” But since Israel is such an important strategic ally of the U.S., it was a sin that could not be named. The standing order has always been to just suck it up.

Until this week. The accusations by the unnamed Obama administration officials marked a new frontier in calling out the Israelis—or at least Netanyahu’s right-wing administration.

Netanyahu had crossed some sort of red line again when, according to the Journal, his man in Washington began quietly sharing Israeli intelligence about the U.S. negotiating position with members of Congress, hoping to shore up support for its rejection of any deal with the Iranians short of a total nuclear capitulation on their part. But what seems to have pushed Obama officials over the edge was that Ambassador Ron Dermer, a former Republican operative who holds dual U.S.-Israeli citizenship, was wildly exaggerating what the U.S. position was, according to the Journal, making it sound like the White House had given away the store to the Iranians in a desperate effort to ink a deal.

Republican Representative Devin Nunes of California, chairman of the House Intelligence Committee, indicated he had indeed gotten a different view on Iran from sources outside the administration.

“As good as our intelligence community is, a lot of times we don’t even know what the Iranians are up to,” he told CNN. “So we were shocked at the disclosures that have come forward of the size and scope of the Iranian program even in the most recent years.”

One former U.S. intelligence operative with long, firsthand familiarity with Israeli operations called the revelation “appalling but not surprising,” especially under Netanyahu, whose governing coalition depends on the support of far-right Orthodox and ultra-Orthodox parties with a stake in the West Bank settlements.

“The fact that there is such manipulation of our institutions by a so-called ally must be exposed, and the ‘useful idiots’ in [the U.S.] government who toe the Likud line will someday be looked back upon as men and women who sacrificed the U.S. national interest for a foreign ideology—Likud right-wing Zionism,” the operative said, on condition of anonymity due to the sensitivity of the matter.

“We know publicly that the administration is seething,” he added, “but I can assure you that behind closed doors the gloves are coming off. Bibi is in the administration’s crosshairs. If this is what is being allowed to leak publicly, you can bet that, behind the scenes, folks both in the White House and the foreign policy-intel community [are prepared to] act on that anger.”

This is not the end of it, he predicted. The American Israel Public Affairs Committee (AIPAC), which critics say has morphed from a powerful “pro-Israel” lobby to a powerful pro-Likud lobby over the years, will be Obama officials’ next target.

“I’m betting there are going to be some willing leakers now about stories such as AIPAC’s operations against Congress,” the former operative said.

Bob Corker of Tennessee, the Republican chairman of the Senate Foreign Relations Committee, has no doubt that Obama administration officials made a calculated decision to call out Netanyahu, who has long been at odds with the White House on the Middle East peace process, Israeli settlements in the occupied West Bank and the Iranian nuclear talks.

“I think y’all all understand what’s happening here,” he told reporters. “I mean, you understand who’s pushing this out.”

But if Senator Tim Kaine, a Virginia Democrat, is any barometer, the Israelis have little to worry about.

“I just don’t look at that as spying,” Kaine said of the Journal’s allegations. “Their deep existential interest in such a deal, that they would try to figure out anything that they could, that they would have an opinion on it…I don’t find any of that that controversial.”

Jeff Stein writes SpyTalk from Washington, D.C. He can be reached more or less confidentially via spytalker@hushmail.com.

BY JEFF STEIN 3/25/15 AT 12:23 PM

Find this story at 25 March 2015

© 2015 NEWSWEEK LLC

NETANYAHU’S SPYING DENIALS CONTRADICTED BY SECRET NSA DOCUMENTS

Israeli Prime Minister Benjamin Netanyahu yesterday vehemently denied a Wall Street Journal report, leaked by the Obama White House, that Israel spied on U.S. negotiations with Iran and then fed the intelligence to Congressional Republicans. His office’s denial was categorical and absolute, extending beyond this specific story to U.S.-targeted spying generally, claiming: “The state of Israel does not conduct espionage against the United States or Israel’s other allies.”

Israel’s claim is not only incredible on its face. It is also squarely contradicted by top-secret NSA documents, which state that Israel targets the U.S. government for invasive electronic surveillance, and does so more aggressively and threateningly than almost any other country in the world. Indeed, so concerted and aggressive are Israeli efforts against the U.S. that some key U.S. government documents — including the top secret 2013 intelligence budget — list Israel among the U.S.’s most threatening cyber-adversaries and as a “hostile” foreign intelligence service.

One top-secret 2008 document features an interview with the NSA’s Global Capabilities Manager for Countering Foreign Intelligence, entitled “Which Foreign Intelligence Service Is the Biggest Threat to the US?” He repeatedly names Israel as one of the key threats.

While noting that Russia and China do the most effective spying on U.S., he says that “Israel also targets us.” He explains that “A NIE [National Intelligence Estimate] ranked [Israel] as the third most aggressive intelligence service against the US.” While praising the surveillance relationship with Israel as highly valuable, he added: “One of NSA’s biggest threats is actually from friendly intelligence services, like Israel.” Specifically, the Israelis “target us to learn our positions on Middle East problems.”

Other NSA documents voice the grievance that Israel gets far more out of the intelligence-sharing relationship than the U.S. does. One top-secret 2007 document, entitled “History of the US – Israel SIGINT Relationship, post 1992,” describes the cooperation that takes place as highly productive and valuable, and, indeed, top-secret documents previously reported by The Intercept and the Guardian leave no doubt about the very active intelligence-sharing relationship that takes place between the two countries. Yet that same document complains that the relationship even after 9/11 was almost entirely one-sided in favor of serving Israeli rather than U.S. interests:

The U.S. perception of Israel as a threat as much as an ally is also evidenced by the so-called “black budget” of 2013, previously referenced by The Washington Post, which lists Israel in multiple places as a key intelligence “target” and even a “hostile foreign intelligence service” among several other countries typically thought of as the U.S.’s most entrenched adversaries:

The same budget document reveals that the CIA regards Israel — along with Russia, China, Iran, Pakistan and Cuba — as a “priority threat country,” one against which it “conduct[s] offensive [counter-intelligence] operations in collaboration with DoD”:

One particular source of concern for U.S. intelligence are the means used by Israel to “influence anti-regime elements in Iran,” including its use of “propaganda and other active measures”:

What is most striking about all of this is the massive gap between (a) how American national security officials talk privately about the Israelis and (b) how they have talked for decades about the Israelis for public consumption — at least until the recent change in public rhetoric from Obama officials about Israel, which merely brings publicly expressed American views more in line with how U.S. government officials have long privately regarded their “ally.” The NSA refused to comment for this article.

Previously reported stories on Israeli spying, by themselves, leave no doubt how false Netanyahu’s statement is. A Der Spiegel article from last fall revealed that “Israeli intelligence eavesdropped on US Secretary of State John Kerry during Middle East peace negotiations.” A Le Monde article described how NSA documents strongly suggest that a massive computer hack of the French presidential palace in 2012 was likely carried about by the Israelis. A 2014 article from Newsweek’s Jeff Stein revealed that when it comes to surveillance, “the Jewish state’s primary target” is “America’s industrial and technical secrets” and that “Israel’s espionage activities in America are unrivaled and unseemly.”

All of these stories, along with these new documents, leave no doubt that, at least as the NSA and other parts of the U.S. National Security State see it, Netanyahu’s denials are entirely false: The Israelis engage in active and aggressive espionage against the U.S., even as the U.S. feeds the Israelis billions of dollars every year in U.S. taxpayer funds and protects every Israeli action at the U.N. Because of the U.S. perception of Israel as a “threat” and even a “hostile” foreign intelligence service — facts they discuss only privately, never publicly — the U.S. targets Israel for all sorts of espionage as well.

Glenn Greenwald, Andrew Fishman
Mar. 25 2015, 8:06 p.m.

Find this story at 25 March 2015

Copyright https://firstlook.org/theintercept/

Israeli TV Says US Has Stopped Sharing Intelligence About Iranian Nuclear Program With Israel

Report: Obama Administration Has Stopped Sharing Intelligence With Israel on Iran’s Nuclear Program

The Obama administration has “unilaterally” and “completely” stopped sharing intelligence with Israel over Iran’s nuclear development program due to its anger over Israeli Prime Minister Benjamin Netanyahu’s Tuesday address to Congress, Israel’s Channel 10 reported, a charge the White House flatly denied.

“The U.S. unilaterally stopped all of its joint activity with Israel regarding the nuclearization of Iran,” the news show reported Monday night. This freeze in intelligence sharing was attributed to the “American anger” at Netanyahu.

White House national security spokeswoman Bernadette Meehan told TheBlaze in an email, “the report is completely false.”

In this Oct. 26, 2010 file photo, a worker rides a bicycle in front of the reactor building of the Bushehr nuclear power plant, just outside the southern city of Bushehr, Iran. (AP Photo/Mehr News Agency, Majid Asgaripour, File)

On Sunday, one day before the Channel 10 report, Secretary of State John Kerry touted the close security relationship with Israel in an interview with ABC’s “This Week.”

“We have a closer relationship with Israel right now, in terms of security, than at anytime in history,” Kerry said.

To make up for the gap, Israel is cooperating with other countries, not the U.S., to collect intelligence on Iran’s nuclear program. Past joint efforts by American and Israeli intelligence have helped the International Atomic Energy Agency monitor Iran’s nuclear progress, which is suspected of ultimately being aimed at the development of weapons.

Those IAEA reports raising suspicions about the objectives of Iran’s nuclear program have been the cornerstone of the case to convince the international community to impose sanctions on the Islamic Republic.

Netanyahu was in Washington to warn lawmakers of the dangers of the emerging deal currently being negotiated between Iran and six world powers, including the U.S. Media reports have said the framework being worked out would monitor Iranian nuclear progress for only 10 years.

An unnamed senior aide to Netanyahu told reporters traveling on Netanyahu’s plane Sunday that the Obama administration was not fully sharing details with Congress about the negotiations.

The State Department on Monday warned Netanyahu against disclosing those details to Congress.

“We’ve continuously provided detailed classified briefings to Israeli officials to keep them updated and to provide context for how we are approaching getting to a good deal, because we’ve been very clear we will not accept a bad deal,” State Department spokeswoman Marie Harf said. “So any release of any kind of information like that would, of course, betray that trust.”

Channel 10 also reported that in addition to refusing to meet the Israeli leader, Obama had no plans to phone him while he’s in town either.

The Jerusalem Post reported that the prime minister’s office would not comment on the Channel 10 report.

Sharona Schwartz
The Blaze
March 3, 2015

Find this story at 3 March 2015

Copyright http://www.matthewaid.com/

Leak investigation stalls amid fears of confirming U.S.-Israel operation

A sensitive leak investigation of a former vice chairman of the Joint Chiefs of Staff has stalled amid concerns that a prosecution in federal court could force the government to confirm a joint U.S.-Israeli covert operation targeting Iran, according to current and former U.S. officials.

Federal investigators suspect that retired Marine Gen. James E. “Hoss” Cartwright leaked to a New York Times reporter details about a highly classified operation to hobble Iran’s nuclear enrichment capability through cyber-sabotage — an effort not acknowledged by Israel or the United States.

Prosecutors will have to overcome significant national security and diplomatic concerns if they want to move forward, including pitting the Obama administration against Israel if that ally were opposed to any information about the cyber-operation being revealed in court.

The United States could move forward with the case against Israel’s ­wishes, but such a move might further harm relations between two countries, which are already frayed because of a disagreement over how best to prevent Iran from obtaining nuclear weapons.

Administration officials also fear that any revelations could complicate the current negotiations with Iran over its nuclear program.

“There are always legitimate national security reasons for not proceeding in one of these ­cases,” said John L. Martin, who handled many sensitive espionage investigations as a former Justice Department prosecutor.

The case captures the tension between national security concerns and the desire of prosecutors to hold high-ranking officials to account for leaking classified secrets. The Obama administration has been the most aggressive in U.S. history in pursuing those suspected of leaking classified information.

The Justice Department has offered no clues to whether it intends to proceed with a case against Cartwright, who helped design the cyber-campaign against Iran under President George W. Bush and was involved in its escalation under President Obama.

Spokesmen for the Justice Department, the White House and the FBI declined to comment for this article.

Gregory B. Craig, Cartwright’s attorney and a former White House counsel in the Obama administration, said he has had no contact with prosecutors for more than a year.

“General Cartwright has done nothing wrong,” Craig said. “He has devoted his entire life to defending the United States. He would never do anything to weaken our national defense or undermine our national security. Hoss Cartwright is a national treasure, a genuine hero and a great patriot.”

In discussions with the office of the White House counsel, then led by Kathryn Ruemmler, prosecutors sought to determine whether the White House would be willing to declassify material important to the case. Ruemmler was unwilling to provide the documentation, citing security concerns, including those relating to sources­ and methods, said a person familiar with the matter.

Ruemmler, who left the post in June, declined to comment.

“There’s a fundamental tension in cases­­ like this between the needs of a criminal prosecution and the needs of national security,” said Jason Weinstein, a former deputy assistant attorney general in charge of the Justice Department’s Criminal Division, who was not briefed on the investigation. “Where that comes to a head is when prosecutors want to use evidence in a courtroom that is highly classified and very sensitive.”

It is often the case that the needs of a particular criminal prosecution yield to national security interests. “At the end of the day,” Weinstein said, “if you can’t use the evidence you need in court, you can’t bring the case.”

Details of the joint program, including its code name, Olympic Games, were revealed by Times reporter David E. Sanger in a book and article in June 2012. The sabotage of Iranian nuclear centrifuges by the computer worm dubbed Stuxnet had emerged two years earlier, and security experts speculated that it was the work of the United States and Israel.

Confirmation of the joint authorship set off a political controversy, with congressional Republicans charging that the White House had deliberately leaked information to enhance Obama’s national security credentials as he sought reelection.

Attorney General Eric H. Holder Jr. assigned Rod J. Rosenstein, the U.S. attorney for Maryland, to investigate the leak. His office declined to comment.

FBI investigators focused on Cartwright in the fall of 2012, officials said. They interviewed him at least twice, according to people who are familiar with the case and who spoke on the condition of anonymity because of the sensitivity of the investigation. During the first interview, Cartwright had to go to the hospital.

Part of the challenge of preparing a case like this is determining to what extent authorities who control the declassification of information, in this case the White House and the intelligence community, are willing to divulge information.

In the case of a CIA officer who was recently convicted of espionage, the government disclosed sensitive details during the leak trial about a separate operation to sabotage Iran’s nuclear program that occurred more than a decade ago. The CIA even allowed a Russian scientist who had defected and taken part in the highly classified operation to testify.

“The government’s got to make a choice: Is it more important to prosecute a national security leak or more important to preserve relationships with allies and shield sources­ and methods that protect the country?” said one individual familiar with the matter.

The case also poses opportunities for “graymail” — a situation in which defense attorneys exercise leverage that lawyers in ordinary criminal cases­ lack by forcing prosecutors to make tough judgment calls about divulging sensitive or classified information.

Craig might, for instance, push for broad discovery of information aimed at demonstrating that other officials could have been sources­ of the leak. Experts say he also could press to establish the factual basis for the information leaked, which could expose sensitive material.

Cartwright, who retired in 2011, had White House authorization to speak with reporters, according to people familiar with the matter. Craig might try to put the White House’s relationship with reporters and the use of authorized leaks on display, creating a potentially embarrassing distraction for the administration.

The case could remain open beyond the point at which national security and foreign policy concerns are an issue. Under the Espionage Act, one of the statutes that the government probably would use, prosecutors have 10 years from the date of the alleged crime to file charges.

Sari Horwitz contributed to this report.
By Ellen Nakashima and Adam Goldman March 10

Find this story at 10 March 2015

Copyright https://www.washingtonpost.com/

Israel’s N.S.A. Scandal

WASHINGTON — IN Moscow this summer, while reporting a story for Wired magazine, I had the rare opportunity to hang out for three days with Edward J. Snowden. It gave me a chance to get a deeper understanding of who he is and why, as a National Security Agency contractor, he took the momentous step of leaking hundreds of thousands of classified documents.

Among his most shocking discoveries, he told me, was the fact that the N.S.A. was routinely passing along the private communications of Americans to a large and very secretive Israeli military organization known as Unit 8200. This transfer of intercepts, he said, included the contents of the communications as well as metadata such as who was calling whom.

Typically, when such sensitive information is transferred to another country, it would first be “minimized,” meaning that names and other personally identifiable information would be removed. But when sharing with Israel, the N.S.A. evidently did not ensure that the data was modified in this way.

Mr. Snowden stressed that the transfer of intercepts to Israel contained the communications — email as well as phone calls — of countless Arab- and Palestinian-Americans whose relatives in Israel and the Palestinian territories could become targets based on the communications. “I think that’s amazing,” he told me. “It’s one of the biggest abuses we’ve seen.”

It appears that Mr. Snowden’s fears were warranted. Last week, 43 veterans of Unit 8200 — many still serving in the reserves — accused the organization of startling abuses. In a letter to their commanders, to Prime Minister Benjamin Netanyahu and to the head of the Israeli army, they charged that Israel used information collected against innocent Palestinians for “political persecution.” In testimonies and interviews given to the media, they specified that data were gathered on Palestinians’ sexual orientations, infidelities, money problems, family medical conditions and other private matters that could be used to coerce Palestinians into becoming collaborators or create divisions in their society.

The veterans of Unit 8200 declared that they had a “moral duty” to no longer “take part in the state’s actions against Palestinians.” An Israeli military spokesman disputed the letter’s overall drift but said the charges would be examined.

It should trouble the American public that some or much of the information in question — intended not for national security purposes but simply to pursue political agendas — may have come directly from the N.S.A.’s domestic dragnet. According to documents leaked by Mr. Snowden and reported by the British newspaper The Guardian, the N.S.A. has been sending intelligence to Israel since at least March 2009.

The memorandum of agreement between the N.S.A. and its Israeli counterpart covers virtually all forms of communication, including but not limited to “unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content.” The memo also indicates that the N.S.A. does not filter out American communications before delivery to Israel; indeed, the agency “routinely sends” unminimized data.

Although the memo emphasizes that Israel should make use of the intercepts in accordance with United States law, it also notes that the agreement is legally unenforceable. “This agreement,” it reads, “is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law.”

Continue reading the main story
RECENT COMMENTS

pak September 17, 2014
What type of information could be used against a palestinian to force him/her to collaborate? Homosexuality? Adultery? Premarital sex?…
kagni September 17, 2014
Very romantic to ignore that ugly breeds ugly, especially from a journalist of Mr Bamford’s age and experience. If anything, only…
Guy September 17, 2014
Clearly, there are thousands of ways to abuse private information collected on people. This is one of many, and this is why folks like…
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It should also trouble Americans that the N.S.A. could head down a similar path in this country. Indeed, there is some indication, from a top-secret 2012 document from Mr. Snowden’s leaked files that I saw last year, that it already is. The document, from Gen. Keith B. Alexander, then the director of the N.S.A., notes that the agency had been compiling records of visits to pornographic websites and proposes using that information to damage the reputations of people whom the agency considers “radicalizers” — not necessarily terrorists, but those attempting, through the use of incendiary speech, to radicalize others. (The Huffington Post has published a redacted version of the document.)

In Moscow, Mr. Snowden told me that the document reminded him of the F.B.I.’s overreach during the days of J. Edgar Hoover, when the bureau abused its powers to monitor and harass political activists. “It’s much like how the F.B.I. tried to use Martin Luther King’s infidelity to talk him into killing himself,” he said. “We said those kinds of things were inappropriate back in the ’60s. Why are we doing that now? Why are we getting involved in this again?”

It’s a question that American and Israeli citizens should be asking themselves.

James Bamford is the author of three books on the National Security Agency, including “The Shadow Factory: The Ultra-Secret N.S.A. from 9/11 to the Eavesdropping on America.”

By JAMES BAMFORDSEPT. 16, 2014

Find this story at 16 September 2014

© 2015 The New York Times Company

Israel Eavesdropped on John Kerry in Mideast Talks

New information indicates that Israeli intelligence eavesdropped on telephone conversations by US Secretary of State John Kerry. Sources told SPIEGEL the government then used the information obtained from the calls during negotiations in the Mideast conflict.

SPIEGEL has learned from reliable sources that Israeli intelligence eavesdropped on US Secretary of State John Kerry during Middle East peace negotiations. In addition to the Israelis, at least one other intelligence service also listened in as Kerry mediated last year between Israel, the Palestinians and the Arab states, several intelligence service sources told SPIEGEL. Revelations of the eavesdropping could further damage already tense relations between the US government and Israel.

During the peak stage of peace talks last year, Kerry spoke regularly with high-ranking negotiating partners in the Middle East. At the time, some of these calls were not made on encrypted equipment, but instead on normal telephones, with the conversations transmitted by satellite. Intelligence agencies intercepted some of those calls. The government in Jerusalem then used the information obtained in international negotiations aiming to reach a diplomatic solution in the Middle East.

In the current Gaza conflict, the Israelis have massively criticized Kerry, with a few ministers indirectly calling on him to withdraw from peace talks. Both the US State Department and the Israeli authorities declined to comment.

Only one week ago, Kerry flew to Israel to mediate between the conflict parties, but the Israelis brusquely rejected a draft proposal for a cease-fire. The plan reportedly didn’t include any language demanding that Hamas abandon its rocket arsenal and destroy its tunnel system. Last year, Kerry undertook intensive diplomatic efforts to seek a solution in the conflict between the Israelis and the Palestinians, but they ultimately failed. Since those talks, relations between Kerry and Israeli Prime Minister Benjamin Netanyahu have been tense.

Still, there are no doubts about fundamental support for Israel on the part of the United States. On Friday, the US Congress voted to help fund Israel’s “Iron Dome” missile defense system to the tune of $225 million (around €168 million).

Find this story at 3 August 2014

© SPIEGEL ONLINE 2014

(TS//REL TO USA, ISR) Subject: NSA Intelligence Relationship with Israel

(U) Introduction
(TS//N F) NSA maintains a far-reaching technical and analytic relationship with the
Israeli SIGINT National Unit (ISNU) sharing information on access, intercept, targeting,
language, analysis and reporting. This SIGINT relationship has increasingly been the
catalyst for a broader intelligence relationship between the United States and Israel.
Significant changes in the way NSA and ISNU have traditionally approached SIGINT
have prompted an expansion to include other Israeli and U.s. intelligence organizations
such as CIA, Mossad, and Special Operation Division (SOD).
(U) Key Issues
(TS//SI//N F) The single largest exchange between N SA and ISN U is on targets in the
Middle East which constitute strategic threats to U.s. and Israeli interests. Building
upon a robust analytic exchange, NSA and ISNU also have explored and executed
unique opportunities to gain access to high priority targets. The mutually agreed upon
geographic targets include the countries of North Africa, the Middle East, the Persian
Gulf, South Asia, and the Islamic republics of the former Soviet Union. Within that set of
countries, cooperation covers the exploitation of internal governmental, military, civil,
and diplomatic communications; and external security/intelligence organizations.
Regional Weapons of Mass Destruction Proliferation and “Stateless”/lnternational
Terrorism comprise the exchanged transnational target set. A dedicated
communications line between NSA and ISN U supports the exchange of raw material, as
well as daily analytic and technical correspondence. Both N SA and ISN U have liaison
officers, who conduct foreign relations functions, stationed at their respective
embassies.
(TS//REL TO USA, ISR) What NSA Provides to ISNU
(TS//SI//REL TO USA, ISR) The Israeli side enjoys the benefits of expanded geographic
access to world-class NSA cryptanalytic and SIGINT engineering expertise, and also
gains controlled access to advanced U.s. technology and equipment via
accommodation buys and foreign military sales.
(TS//REL TO USA, ISR) What ISNU Provides to NSA
(TS//SI//RE L TO USA, ISR) Benefits to the U.s. include expanded geographic access to
high priority SIGINT targets, access to world-class Israeli cryptanalytic and SIGINT
engineering expertise, and access to a large pool of highly qualified analysts.
Derived From: NSA/CSSM 1-52
Dated: 20070108
Declassify On: 20371101
TOP SECRET//SI//NOFORN
TOP SECRET//SII/NOFORN
(U) Success Stories _
(TS//SI//REL TO USA, ISR) A key priority for ISN U is the Iranian nuclear development
program, followed by Syrian nuclear efforts, Lebanese Hizballah plans and intentions,
Palestinian terrorism, and Global Jihad. Several recent and successful joint operations
between N SA and IS N U have broadened both organizations’ ability to target and exploit
Iranian nuclear efforts. In addition, a robust and dynamic cryptanalytic relationship has
enabled breakthroughs on high priority Iranian targets.
(TS//REL TO USA, ISR) NSA and ISNU continue to initiate joint targeting of Syrian and
Iranian leadership and nuclear development programs with CIA, ISNU, SOD and
Massad. This exchange has been particularly important as unrest in Syria continues,
and both sides work together to identify threats to regional stability. N SA’s cyber
partnerships expanded beyond IS N U to include Israeli Defense Intelligence’s soD and
Massad, resulting in unprecedented access and collection breakthroughs that all sides
acknowledge would not have been possible to achieve without the others.
(TS//SI//N F) In July 2012, the Office of the Director of N ationallntelligence (ODN I)
provided guidance for expanded sharing with the GOI (Government of Israel) on Egypt.
This approval has allowed N SA to task for ISN U on select strategic issues, specifically
terrorist elements in the Sinai.
(S//N F) Beyond the traditional SIGI NT relationship, N SA and ISN U signed a M 0 U in
September 2011 providing for Information Assurance/Computer Network Defense
collaboration. N SA’s Information Assurance Deputy Director anended an lAIC N D
conference in Tel Aviv in January 2012 during which N SA and ISN U established
objectives for the relationship. NSA intends to focus the collaboration on cyber threats
from Iran, H izballah and other regional actors and may provide limited, focused support
on specific Russian and Chinese cyber threats. Conferences to further develop this
partnership were held in May 2012 and December 2012.
(TS//SI//REL TO USA, ISR) NSA and ISNU led their communities in the establishment
of U.s. – Israeli Intelligence Community VTC connectivity that allows both sides to
broaden and accelerate the pace of collaboration against targets’ use of advanced
telecommunications. Target sets include, but are not limited to Iran Nuclear, Syrian
Foreign Fighter movements, Lebanese Hizballah and Iranian Revolutionary Guard
Corps activities. Dialogue is ongoing, with each potential new intelligence or technology
initiative considered for approval individually.
(U) Problems/Challenges
(TS//N F) The three most common concerns raised by ISN U regarding the partnership
with NSA is NSA’s reluctance to share on technology that is not directly related to a
specific target, ISN U’s perceived reduction in the amount and degree of cooperation in
certain areas, and the length of time NSA takes to decide on ISN U proposals. Efforts in
these three areas have been addressed with the partner and NSA continues to work to
TOP SECRET//SI//NOFORN 2
TOP SECRET//SII/NOFORN
increase cooperation with IS N U, where appropriate and mindful of U.s. policy and
equity concerns.
(U//FOUO) Updated by:
Country Desk Officer
Fo n Affairs Directorate

view the file at

NSA shares raw intelligence including Americans’ data with Israel

• Secret deal places no legal limits on use of data by Israelis
• Only official US government communications protected
• Agency insists it complies with rules governing privacy
• Read the NSA and Israel’s ‘memorandum of understanding’

The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.

Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.

The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process “minimization”, but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.

The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.

The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies “pertaining to the protection of US persons”, repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.

But this is undermined by the disclosure that Israel is allowed to receive “raw Sigint” – signal intelligence. The memorandum says: “Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content.”

According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. “NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection”, it says.

Although the memorandum is explicit in saying the material had to be handled in accordance with US law, and that the Israelis agreed not to deliberately target Americans identified in the data, these rules are not backed up by legal obligations.

“This agreement is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law,” the document says.

In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy.

“Any US person information that is acquired as a result of NSA’s surveillance activities is handled under procedures that are designed to protect privacy rights,” the spokesperson said.

The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.

The memorandum of understanding, which the Guardian is publishing in full, allows Israel to retain “any files containing the identities of US persons” for up to a year. The agreement requests only that the Israelis should consult the NSA’s special liaison adviser when such data is found.

Notably, a much stricter rule was set for US government communications found in the raw intelligence. The Israelis were required to “destroy upon recognition” any communication “that is either to or from an official of the US government”. Such communications included those of “officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)”.

It is not clear whether any communications involving members of US Congress or the federal courts have been included in the raw data provided by the NSA, nor is it clear how or why the NSA would be in possession of such communications. In 2009, however, the New York Times reported on “the agency’s attempt to wiretap a member of Congress, without court approval, on an overseas trip”.

The NSA is required by law to target only non-US persons without an individual warrant, but it can collect the content and metadata of Americans’ emails and calls without a warrant when such communication is with a foreign target. US persons are defined in surveillance legislation as US citizens, permanent residents and anyone located on US soil at the time of the interception, unless it has been positively established that they are not a citizen or permanent resident.

Moreover, with much of the world’s internet traffic passing through US networks, large numbers of purely domestic communications also get scooped up incidentally by the agency’s surveillance programs.

The document mentions only one check carried out by the NSA on the raw intelligence, saying the agency will “regularly review a sample of files transferred to ISNU to validate the absence of US persons’ identities”. It also requests that the Israelis limit access only to personnel with a “strict need to know”.

Israeli intelligence is allowed “to disseminate foreign intelligence information concerning US persons derived from raw Sigint by NSA” on condition that it does so “in a manner that does not identify the US person”. The agreement also allows Israel to release US person identities to “outside parties, including all INSU customers” with the NSA’s written permission.

Although Israel is one of America’s closest allies, it is not one of the inner core of countries involved in surveillance sharing with the US – Britain, Australia, Canada and New Zealand. This group is collectively known as Five Eyes.

The relationship between the US and Israel has been strained at times, both diplomatically and in terms of intelligence. In the top-secret 2013 intelligence community budget request, details of which were disclosed by the Washington Post, Israel is identified alongside Iran and China as a target for US cyberattacks.

While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel.

“Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge,” states the report, titled ‘History of the US – Israel Sigint Relationship, Post-1992′. “In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA’s only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner.”

newtear3

In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. “On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems,” the official says. “A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US.”

Later in the document, the official is quoted as saying: “One of NSA’s biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended.”

newtear1

The memorandum of understanding also contains hints that there had been tensions in the intelligence-sharing relationship with Israel. At a meeting in March 2009 between the two agencies, according to the document, it was agreed that the sharing of raw data required a new framework and further training for Israeli personnel to protect US person information.

It is not clear whether or not this was because there had been problems up to that point in the handling of intelligence that was found to contain Americans’ data.

However, an earlier US document obtained by Snowden, which discusses co-operating on a military intelligence program, bluntly lists under the cons: “Trust issues which revolve around previous ISR [Israel] operations.”

newtear2

The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.

In its statement, the NSA said: “We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations.

“NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information.”

Glenn Greenwald, Laura Poitras and Ewen MacAskill
The Guardian, Wednesday 11 September 2013 15.40 BST

Find this story at 11 September 2013

Memorandum of understanding

© 2015 Guardian News and Media Limited or its affiliated companies. All rights reserved.

HEAD of the FBI’s Anthrax Investigation Says the Whole Thing Was a SHAM

Agent In Charge of Amerithrax Investigation Blows the Whistle

The FBI head agent in charge of the anthrax investigation – Richard Lambert – has just filed a federal whistleblower lawsuit calling the entire FBI investigation bullsh!t:

In the fall of 2001, following the 9/11 attacks, a series of anthrax mailings occurred which killed five Americans and sickened 17 others. Four anthrax-laden envelopes were recovered which were addressed to two news media outlets in New York City (the New York Post and Tom Brokaw at NBC) and two senators in Washington D.C. (Patrick Leahy and Tom Daschle). The anthrax letters addressed to New York were mailed on September 18, 2001, just seven days after the 9/11 attacks. The letters addressed to the senators were mailed 21 days later on October 9, 2001. A fifth mailing of anthrax is believed to have been directed to American Media, Inc. (AMI) in Boca Raton, Florida based upon the death of one AMI employee from anthrax poisoning and heavy spore contamination in the building.

Executive management at FBI Headquarters assigned responsibility for the anthrax investigation (code named “AMERITHRAX”) to the Washington Field Office (WFO), dubbing it the single most important case in the FBI at that time. In October 2002, in the wake of surging media criticism, White House impatience with a seeming lack of investigative progress by WFO, and a concerned Congress that was considering revoking the FBI’s charter to investigate terrorism cases, Defendant FBI Director Mueller reassigned Plaintiff from the FBI’s San Diego Field Office to the Inspection Division at FBI Headquarters and placed Plaintiff in charge of the AMERITHRAX case as an “Inspector.” While leading the investigation for the next four years, Plaintiff’s efforts to advance the case met with intransigence from WFO’s executive management, apathy and error from the FBI Laboratory, politically motivated communication embargos from FBI Headquarters, and yet another preceding and equally erroneous legal opinion from Defendant Kelley – all of which greatly obstructed and impeded the investigation.

On July 6, 2006, Plaintiff provided a whistleblower report of mismanagement to the FBI’s Deputy Director pursuant to Title 5, United States Code, Section 2303. Reports of mismanagement conveyed in writing and orally included: (a) WFO’s persistent understaffing of the AMERITHRAX investigation; (b) the threat of WFO’s Agent in charge to retaliate if Plaintiff disclosed the understaffing to FBI Headquarters; (c) WFO’s insistence on staffing the AMERITHRAX investigation principally with new Agents recently graduated from the FBI Academy resulting in an average investigative tenure of 18 months with 12 of 20 Agents assigned to the case having no prior investigative experience at all; (d) WFO’s eviction of the AMERITHRAX Task Force from the WFO building in downtown Washington and its relegation to Tysons Corner, Virginia to free up space for Attorney General Ashcroft’s new pornography squads; (e) FBI Director’s Mueller’s mandate to Plaintiff to “compartmentalize” the AMERITHRAX investigation by stove piping the flow of case information and walling off task force members from those aspects of the case not specifically assigned to them – a move intended to stem the tide of anonymous media leaks by government officials regarding details of the investigation. [Lambert complained about compartmentalizing and stovepiping of the investigation in a 2006 declaration. See this, this and this]

This sequestration edict decimated morale and proved unnecessary in light of subsequent civil litigation which established that the media leaks were attributable to the United States Attorney for the District of the District of Columbia and to a Supervisory Special Agent in the FBI’s National Press Office, not to investigators on the AMERITHRAX Task Force; (f) WFO’s diversion and transfer of two Ph.D. Microbiologist Special Agents from their key roles in the investigation to fill billets for an 18 month Arabic language training program in Israel; (g) the FBI Laboratory’s deliberate concealment from the Task Force of its discovery of human DNA on the anthrax-laden envelope addressed to Senator Leahy and the Lab’s initial refusal to perform comparison testing; (h) the FBI Laboratory’s refusal to provide timely and adequate scientific analyses and forensic examinations in support of the investigation; (i) Defendant Kelley’s erroneous and subsequently quashed legal opinion that regulations of the Occupational Safety and Health Administration (OSHA) precluded the Task Force’s collection of evidence in overseas venues; (j) the FBI’s fingering of Bruce Ivins as the anthrax mailer; and, (k) the FBI’s subsequent efforts to railroad the prosecution of Ivins in the face of daunting exculpatory evidence.

Following the announcement of its circumstantial case against Ivins, Defendants DOJ and FBI crafted an elaborate perception management campaign to bolster their assertion of Ivins’ guilt. These efforts included press conferences and highly selective evidentiary presentations which were replete with material omissions. Plaintiff further objected to the FBI’s ordering of Plaintiff not to speak with the staff of the CBS television news magazine 60 Minutes or investigative journalist David Willman, after both requested authorization to interview Plaintiff.

In April 2008, some of Plaintiff’s foregoing whistleblower reports were profiled on the CBS television show 60 Minutes. This 60 Minutes segment was critical of FBI executive management’s handling of the AMERITHRAX investigation, resulting in the agency’s embarrassment and the introduction of legislative bills calling for the establishment of congressional inquiries and special commissions to examine these issues – a level of scrutiny the FBI’s Ivins attribution could not withstand.

After leaving the AMERITHRAX investigation in 2006, Plaintiff continued to publicly opine that the quantum of circumstantial evidence against Bruce Ivins was not adequate to satisfy the proof-beyond-a-reasonable doubt threshold required to secure a criminal conviction in federal court. Plaintiff continued to advocate that while Bruce Ivins may have been the anthrax mailer, there is a wealth of exculpatory evidence to the contrary which the FBI continues to conceal from Congress and the American people.

Exonerating Evidence for Ivins

Agent Lambert won’t publicly disclose the exculpatory evidence against Ivins. As the New York Times reports:

[Lambert] declined to be specific, saying that most of the information was protected by the Privacy Act and was unlikely to become public unless Congress carried out its own inquiry.

But there is already plenty of exculpatory evidence in the public record.

For example:

Handwriting analysis failed to link the anthrax letters to known writing samples from Ivins
No textile fibers were found in Ivins’ office, residence or vehicles matching fibers found on the scotch tape used to seal the envelopes
No pens were found matching the ink used to address the envelopes
Samples of his hair failed to match hair follicles found inside the Princeton, N.J., mailbox used to mail the letters
No souvenirs of the crime, such as newspaper clippings, were found in his possession as commonly seen in serial murder cases
The FBI could not place Ivins at the crime scene with evidence, such as gas station or other receipts, at the time the letters were mailed in September and October 2001
Lab records show the number of late nights Ivins put in at the lab first spiked in August 2001, weeks before the 9/11 attacks
As noted above, the FBI didn’t want to test the DNA sample found on the anthrax letter to Senator Leahy. In addition, McClatchy points out:

After locking in on Ivins in 2007, the bureau stopped searching for a match to a unique genetic bacterial strain scientists had found in the anthrax that was mailed to the Post and to NBC News anchor Tom Brokaw, although a senior bureau official had characterized it as the hottest clue to date.

Anthrax vaccine expert Meryl Nass. M.D., notes:

The FBI’s alleged motive is bogus. In 2001, Bioport’s anthrax vaccine could not be (legally) relicensed due to potency failures, and its impending demise provided room for Ivins’ newer anthrax vaccines to fill the gap. Ivins had nothing to do with developing Bioport’s vaccine, although in addition to his duties working on newer vaccines, he was charged with assisting Bioport to get through licensure.

***

The FBI report claims the anthrax letters envelopes were sold in Frederick, Md. Later it admits that millions of indistinguishable envelopes were made, with sales in Maryland and Virginia.

***

FBI emphasizes Ivins’ access to a photocopy machine, but fails to mention it was not the machine from which the notes that accompanied the spores were printed.

FBI Fudged the Science

16 government labs had access to the same strain of anthrax as used in the anthrax letters.

The FBI admitted that up to 400 people had access to flask of anthrax in Dr. Ivins’ lab. In other words, even if the killer anthrax came from there, 399 other people might have done it.

Moreover, even the FBI’s claim that the killer anthrax came from Ivins’ flask has completely fallen apart. Specifically, both the National Academy of Science and the Government Accountability Office – both extremely prestigious, nonpartisan agencies – found that FBI’s methodology and procedures for purportedly linking the anthrax flask maintained by Dr. Ivins with the anthrax letters was sloppy, inconclusive and full of holes. They found that the alleged link wasn’t very strong … and that there was no firm link. Indeed, the National Academy of Sciences found that the anthrax mailed to Congressmen and the media could have come from a different source altogether than the flask maintained by Ivins.

Additionally, the Ft. Detrick facility – where Ivins worked – only handled liquid anthrax. But the killer anthrax was a hard-to-make dry powder form of anthrax. Ft. Detrick doesn’t produce dry anthrax; but other government labs – for example Dugway (in Utah) and Batelle (in Ohio) – do.

The anthrax in the letters was also incredibly finely ground; and the FBI’s explanation for how the anthrax became so finely ground doesn’t even pass the smell test.

Further, the killer anthrax in the letters had a very high-tech anti-static coating so that the anthrax sample “floated off the glass slide and was lost” when scientists tried to examine it. Specifically, the killer anthrax was coated with polyglass and each anthrax spore given an electrostatic charge, so that it would repel other spores and “float”. This was very advanced bio-weapons technology to which even Ivins’ bosses said he didn’t have access.

Top anthrax experts like Richard Spertzel say that Ivins didn’t do it. Spertzel also says that only 4 or 5 people in the entire country knew how to make anthrax of the “quality” used in the letters, that Spertzel was one of them, and it would have taken him a year with a full lab and a staff of helpers to do it. As such, the FBI’s claim that Ivins did it alone working a few nights is ludicrous.

Moreover, the killer anthrax contained silicon … but the anthrax in Ivins’ flask did not. The FBI claimed the silicon present in the anthrax letters was absorbed from its surroundings … but Lawrence Livermore National Laboratories completely debunked that theory. In other words, silicon was intentionally added to the killer anthrax to make it more potent. Ivins and Ft. Detrick didn’t have that capability … but other government labs did.

Similarly, Sandia National Lab found the presence of iron and tin in the killer anthrax … but NOT in Ivins’ flask of anthrax.

Sandia also found that there was a strain of bacteria in one of the anthrax letters not present in Ivins’ flask. (The bacteria, iron, tin and silicon were all additives which made the anthrax in the letters more deadly.)

The Anthrax Frame Up

Ivins wasn’t the first person framed for the anthrax attacks …

Although the FBI now admits that the 2001 anthrax attacks were carried out by one or more U.S. government scientists, a senior FBI official says that the FBI was actually told to blame the Anthrax attacks on Al Qaeda by White House officials (remember what the anthrax letters looked like). Government officials also confirm that the white House tried to link the anthrax to Iraq as a justification for regime change in that country. And see this.

People don’t remember now, but the “war on terror” and Iraq war were largely based on the claim that Saddam and Muslim extremists were behind the anthrax attacks (and see this and this)

And the anthrax letters pushed a terrified Congress into approving the Patriot Act without even reading it. Coincidentally, the only Congressmen who received anthrax letters were the ones who were likely to oppose the Patriot Act.

And – between the bogus Al Qaeda/Iraq claims and the FBI’s fingering of Ivins as the killer – the FBI was convinced that another U.S. government scientist, Steven Hatfill, did it. The government had to pay Hatfill $4.6 million to settle his lawsuit for being falsely accused.

Ivins’ Convenient Death

It is convenient for the FBI that Ivins died.

The Wall Street Journal points out:

No autopsy was performed [on Ivins], and there was no suicide note.

Dr. Nass points out:

FBI fails to provide any discussion of why no autopsy was performed, nor why, with Ivins under 24/7 surveillance from the house next door, with even his garbage being combed through, the FBI failed to notice that he overdosed and went into a coma. Nor is there any discussion of why the FBI didn’t immediately identify tylenol as the overdose substance, and notify the hospital, so that a well-known antidote for tylenol toxicity could be given (N-acetyl cysteine, or alternatively glutathione). These omissions support the suggestion that Ivins’ suicide was a convenience for the FBI. It enabled them to conclude the anthrax case, in the absence of evidence that would satisfy the courts.

Indeed, one of Ivins’ colleagues at Ft. Deitrich thinks he was murdered.

Whether murder or suicide, Ivins’ death was very convenient for the FBI, as dead men can’t easily defend themselves.

Posted on April 17, 2015 by WashingtonsBlog

Find this story at 17 April 2015

© 2007 – 2015 Washington’s Blog

Former F.B.I. Agent Sues, Claiming Retaliation Over Misgivings in Anthrax Case

WASHINGTON — When Bruce E. Ivins, an Army microbiologist, took a fatal overdose of Tylenol in 2008, the government declared that he had been responsible for the anthrax letter attacks of 2001, which killed five people and set off a nationwide panic, and closed the case.

Now, a former senior F.B.I. agent who ran the anthrax investigation for four years says that the bureau gathered “a staggering amount of exculpatory evidence” regarding Dr. Ivins that remains secret. The former agent, Richard L. Lambert, who spent 24 years at the F.B.I., says he believes it is possible that Dr. Ivins was the anthrax mailer, but he does not think prosecutors could have convicted him had he lived to face criminal charges.

In a lawsuit filed in federal court in Tennessee last Thursday, Mr. Lambert accused the bureau of trying “to railroad the prosecution of Ivins” and, after his suicide, creating “an elaborate perception management campaign” to bolster its claim that he was guilty. Mr. Lambert’s lawsuit accuses the bureau and the Justice Department of forcing his dismissal from a job as senior counterintelligence officer at the Energy Department’s lab in Oak Ridge, Tenn., in retaliation for his dissent on the anthrax case.

Photo

The late Bruce Ivins in 2003, when he was a microbiologist at Fort Detrick, Md. Credit Sam Yu/Frederick News Post, via Assocaited Press
The anthrax letters were mailed to United States senators and news organizations in the weeks after the Sept. 11, 2001, terrorist attacks, causing a huge and costly disruption in the postal system and the federal government. Members of Congress and Supreme Court justices were forced from their offices while technicians in biohazard suits cleaned up the lethal anthrax powder. Decontamination costs nationwide exceeded $1 billion. At least 17 people were sickened, in addition to the five who died.

The bureau’s investigation, one of the longest-running and most technically complex inquiries in its history, has long been seen as troubled. Investigators initially lacked the forensic skills to analyze bioterrorist attacks. For several years, agents focused on a former Army scientist and physician, Dr. Steven J. Hatfill, who was subsequently cleared and given a $4.6 million settlement to resolve a lawsuit. Reviews by the National Academy of Sciences and the Government Accountability Office faulted aspects of the F.B.I.’s scientific work on the case.

Mr. Lambert, who was himself criticized for pursuing Dr. Hatfill for so long, has now offered, in his lawsuit and in an interview, an insider’s view of what hampered the investigation.

“This case was hailed at the time as the most important case in the history of the F.B.I.,” Mr. Lambert said. “But it was difficult for me to get experienced investigators assigned to it.”

He said that the effort was understaffed and plagued by turnover, and that 12 of 20 agents assigned to the case had no prior investigative experience. Senior bureau microbiologists were not made available, and two Ph.D. microbiologists who were put on the case were then removed for an 18-month Arabic language program in Israel. Fear of leaks led top officials to order the extreme compartmentalization of information, with investigators often unable to compare notes and share findings with colleagues, he said.

Mr. Lambert said he outlined the problems in a formal complaint in 2006 to the F.B.I.’s deputy director. Some of his accusations were later included in a report on the anthrax case by the CBS News program “60 Minutes,” infuriating bureau leaders.

Photo

The police in Frederick, Md., spoke with a woman they identified as Diane Ivins, the wife of Bruce E. Ivins, 62, at the couple’s home in Frederick, Md., in 2008. Credit Rob Carr/Associated Press
The F.B.I., which rarely comments on pending litigation, did not respond to requests for comment on Mr. Lambert’s claims.

Although the lethal letters contained notes expressing jihadist views, investigators came to believe the mailer was an insider in the government’s biodefense labs. They eventually matched the anthrax powder to a flask in Dr. Ivins’s lab at Fort Detrick in Maryland and began intense scrutiny of his life and work.

They discovered electronic records that showed he had spent an unusual amount of time at night in his high-security lab in the periods before the two mailings of the anthrax letters. They found that he had a pattern of sending letters and packages from remote locations under assumed names. They uncovered emails in which he described serious mental problems.

The investigators documented Dr. Ivins’s obsession with a national sorority that had an office near the Princeton, N.J., mailbox where the letters were mailed. They detected what they believed to be coded messages directed at colleagues, hidden in the notes in the letters.

As prosecutors prepared to charge him with the five murders in July 2008, Dr. Ivins, 62, took his own life at home in Frederick, Md. Days later, at a news conference, Jeffrey A. Taylor, then the United States attorney for the District of Columbia, said the authorities believed “that based on the evidence we had collected, we could prove his guilt to a jury beyond a reasonable doubt.”

But Mr. Lambert says the bureau also gathered a large amount of evidence pointing away from Dr. Ivins’s guilt that was never shared with the public or the news media. Had the case come to trial, he said, “I absolutely do not think they could have proved his guilt beyond a reasonable doubt.” He declined to be specific, saying that most of the information was protected by the Privacy Act and was unlikely to become public unless Congress carried out its own inquiry.

After retiring from the F.B.I. in 2012, Mr. Lambert joined the Energy Department. But an F.B.I. ethics lawyer ruled that because Mr. Lambert had to work with F.B.I. agents in his new job, he was violating a conflict-of-interest law that forbade former federal employees from contacting previous colleagues for a year after they had left their government jobs.

That ruling led to his dismissal, Mr. Lambert said, and he has not been able to find work despite applying for more than 70 jobs. His lawsuit asserts that several other former F.B.I. agents were able to take identical intelligence jobs with the Energy Department and that he was singled out for mistreatment.

By SCOTT SHANEAPRIL 8, 2015

Find this story at 8 April 2015

© 2015 The New York Times Company

Defense Department anthrax error triggers anger in Congress (2015)

The Pentagon wouldn’t say which labs received the live anthrax by mistake or who might have been exposed. The shipments went to facilities in nine states.

Military officials said Thursday that the Pentagon was in close contact with officials at research labs in California, Texas and seven other states that received potentially live anthrax spores, but they refused to identify the labs or to disclose how many people were being treated with antibiotics to stave off the disease.

A Defense Department spokesman, Army Col. Steven Warren, said 22 personnel at Osan Air Base in South Korea were taking the antibiotic Cipro as a precaution against anthrax exposure. But he declined to talk about whether workers at labs or other facilities in the United States were also taking Cipro.

The lack of information was criticized by members of Congress, who demanded answers on how the mistaken shipments happened and who had been affected.

“This incident represents a serious breach of trust in the United States Army’s obligation to keep our citizens and service members safe,” Sen. Bill Nelson, D-Fla., a member of the Senate Armed Services Committee, said in a letter to Army Secretary John McHugh. “Moreover, the shipments to a South Korea air base weaken the United States’ credibility as a global leader in chemical weapons control.”

In a separate letter, a bipartisan group of members of the House of Representatives told Defense Secretary Ash Carter and Tom Frieden, the director of the Centers for Disease Control and Prevention, that the inadvertent shipments of live anthrax “raise serious safety concerns” about the way the military handles “dangerous pathogens.”

The letter was signed by Rep. Fred Upton, R-Mich., the chair of the House Energy and Commerce Committee, and the panel’s senior Democrat, Rep. Frank Pallone of New Jersey, as well as two committee members, Republican Rep. Tim Murphy of Pennsylvania and Democratic Rep. Diana DeGette of Colorado.

In comments to reporters Thursday, Warren acknowledged that he did not “have a whole lot of details on the exact purpose” of the anthrax shipments to Osan Air Base. In an earlier statement, Warren had said the anthrax shipments were part of a pilot program to develop a field test to identify biological threats in the environment.

In addition to Osan, the Defense Department said it suspected that labs in nine states had received live anthrax because they had been recipients of the same “cluster” of shipments.

In addition to facilities in California and Texas, those labs included military, university or commercial enterprises in Delaware, New Jersey, New York, Tennessee, Virginia, Maryland and Wisconsin. The anthrax was shipped from a Defense Department lab in Dugway, Utah.

Warren said the the Centers for Disease Control and Prevention was working to determine who might have handled the anthrax shipments before they reached the nine destinations.

He declined to describe what kind of packaging was used to ship the anthrax or to confirm news reports that FedEx had transported at least some of the shipments.

Live anthrax requires strict handling protocols, and anthrax samples are supposed to be rendered inactive before being shipped for research uses. All military, government and civilian labs that might have received such samples are now reviewing their anthrax inventories.

“Out of an abundance of caution, DOD has stopped the shipment of this material from its labs pending completion of the investigation,” Warren said.

“The ongoing investigation includes determining if the labs also received other live samples, epidemiological consultation, worker safety review, laboratory analysis and handling of laboratory waste,” said Jason McDonald, a spokesman for the CDC.

Anthrax burst into the American psyche one week after the 2001 terror attacks in New York and Washington, when over the course of several weeks five people died and 17 survived infection after anthrax-laced letters were sent to several news organization and to the offices of two U.S. senators.

Two of the dead in 2001 were postal workers who’d come in contact with anthrax when the letters containing the spores passed through the Brentwood mail facility in Washington, D.C. Another was an employee of a Florida media company that had received one of the letters. How the other two victims were exposed has never been determined.

Over the next seven years, the FBI and other prosecutors named two men as having possible ties to those anthrax attacks, Steven Hatfill and Bruce Ivins, but the government never brought charges against either of them.

In the current case, four Defense Department employees in the United States who’d handled the samples have been placed in post-exposure treatment in addition to the 22 in South Korea, CNN reported.

Warren defended the speed with which the Pentagon made public the information that live anthrax had inadvertently been shipped. That notification came five days after a research lab in Maryland told the Pentagon that it had received live anthrax in a package that was supposed to contain only inactive spores.

“We got the information out as rapidly as we could,” he said. “It’s important to have as much accurate information as possible. Once we understood that there was no threat to the public, we understood that we had additional time to gather more information and present a more complete picture.”

Osan Air Base in South Korea said in a statement that “all personnel were provided appropriate medical precautionary measures to include examinations, antibiotics and in some instances, vaccinations. None of the personnel have shown any signs of possible exposure.”

The base added: “Hazardous material teams immediately cordoned off the facility, decontaminated it under Centers for Disease Control protocol, and destroyed the agent.”

BY JAMES ROSEN – MCCLATCHY WASHINGTON BUREAU
28 May 2015

Find this story at 28 May 2015

Copyright mcclatchydc.com

New Report Casts Doubt on FBI Anthrax Investigation (2014)

For a second time in three years, an independent inquiry cast doubt Friday on the FBI’s assertion that genetic testing had cinched its conclusion that a now-dead Army bioweapons researcher mailed anthrax-laced letters that killed five people and terrorized the East Coast in 2001.

The long-awaited report from the Government Accountability Office found that the FBI’s exhaustive, cutting-edge attempt to trace the killer with matches of genetic mutations of anthrax samples at times lacked precision, consistency and adequate standards.

The 77-page report, perhaps the final official word on the FBI’s seven-year investigation known as Amerithrax, lent credence to a National Academy of Sciences panel’s finding in 2011 that the bureau’s scientific evidence did not definitely show that the anthrax came from the Maryland bioweapons laboratory of Bruce Ivins.

The report’s findings also mirrored some of the conclusions of a joint investigation by FRONTLINE, McClatchy and ProPublica that was published and aired in the fall of 2011.

Shortly after Ivins took a suicidal drug overdose on July 29, 2008, federal prosecutors said they’d been drafting criminal charges against him, and they declared the scientist at Fort Detrick, Md., the culprit. In 2010, they laid out an extensive circumstantial case against him, presenting as a smoking gun the findings of genetic testing by outside laboratories that matched four distinct mutations in the anthrax spores in the letters with those in a flask full of anthrax in Ivins’ laboratory.

“The significance of using such mutations as genetic markers for analyzing evidentiary samples to determine their origins is not clear,” the auditors wrote. “This gap affects both the development of genetic tests targeting such mutations and statistical analyses of the results of their use.”

The auditors pointed out that an FBI team recommended in 2007 that the bureau conduct experiments to determine whether the mutations the FBI was seeking to match might not have been unique to Ivins’ flask, known as RMR-1029. However, those tests were never done.

That omission also drew concern from the National Academy of Sciences panel, which noted that it was possible that four identical “morphs” could have grown in another laboratory in what it termed “parallel evolution.”

The auditors also focused on contradictory test results from samples collected from a colleague of Ivins who’d used anthrax from RMR-1029. That colleague – Henry Heine, though he wasn’t named in the report – submitted one sample that tested positive in all five genetic tests, but a duplicate sample from his vial tested negative for all five markers, the report said.

The report said that Heine, in the presence of an FBI investigator, didn’t follow instructions for collecting one sample as laid out in a grand jury subpoena. The disclosure raises the possibility that inconsistent collection methods undercut the massive testing effort.

While praising the FBI for turning to four outside laboratories for genetic tests on more than 1,000 anthrax samples it had gathered, the report said the bureau’s laboratory had failed to ensure that all the samples were collected in the same fashion, gave “minimal” instruction to the outside labs and set insufficient standards for validating the results. It also failed to measure the uncertainty in its results, leaving it unclear how much weight they deserve, the report said.

Also unstudied was whether the anthrax spores grew differently in varying conditions, the report said.

The FBI said Friday that it stood by its conclusion, saying it “has complete confidence in the scientific results that provided investigators with leads” to the anthrax used in the attacks.

“As noted in the National Academy of Sciences Report, the genetic tests used by the FBI were well validated,” the bureau said, adding that after a review of all scientific analysis it “is satisfied that the analysis was conducted in a quality manner.”

“It is important to note that the scientific results alone were not the sole basis for concluding that Bruce Ivins committed the 2001 anthrax-letter attacks,” the bureau said.

However, Democratic Rep. Rush Holt of New Jersey, who was among three members of the House of Representatives who requested the audit from Congress’ investigative arm, said “the GAO report confirms what I have often said: that the FBI’s definitive conclusions about the accuracy of their scientific findings in the Amerithrax case are not, in fact, definitive.”

Holt, a scientist who’s retiring from Congress at month’s end, also said “the United States needs a comprehensive, independent review of the Amerithrax investigation to ensure we have learned the lessons from this bio attack.”

Paul Kemp, an attorney for Ivins, echoed Holt’s call for a fuller investigation.

“I only wish we could have had a trial,” he said. “They never had any evidence he prepared the anthrax . . . only that he worked some unexplained overtime. Many scientists in and out of Fort Detrick asserted that there wouldn’t have been enough time for one person to do this – especially in a building and a lab that was open all day every day – without somebody seeing something.”

December 19, 2014, 7:38 pm ET by Greg Gordon McClatchy Washington Bureau and Mike Wiser, FRONTLINE

Find this story at 19 December 2014

Web Site Copyright ©1995-2015 WGBH Educational Foundation

New Evidence Adds Doubt to FBI’s Case Against Anthrax Suspect (2011)

A U.S. Army scientist stands near the letters used in the 2001 anthrax attacks (Photo courtesy of FBI).

This story is a joint project with ProPublica, PBS Frontline and McClatchy. The story will air on Frontline on Oct. 11. Check local listings.

WASHINGTON – Months after the anthrax mailings that terrorized the nation in 2001, and long before he became the prime suspect, Army biologist Bruce Ivins sent his superiors an email offering to help scientists trace the killer.

Part 1: New Evidence Adds Doubt to FBI’s Case Against Anthrax Suspect

Part 2: Did Bruce Ivins Hide Attack Anthrax From the FBI?

Part 3: Was FBI’s Science Good Enough to ID Anthrax Killer?

Video: The Anthrax Files

Interactive: Read and annotate the case documents

Editor’s Note: About the Case of the Anthrax Letters

Already, an FBI science consultant had concluded that the attack powder was made with a rare strain of anthrax known as Ames that’s used in research laboratories worldwide.

In his email, Ivins volunteered to help take things further. He said he had several variants of the Ames strain that could be tested in “ongoing genetic studies” aimed at tracing the origins of the powder that had killed five people. He mentioned several cultures by name, including a batch made mostly of Ames anthrax that had been grown for him at an Army base in Dugway, Utah.

Seven years later, as federal investigators prepared to charge him with the same crimes he’d offered to help solve, Ivins, who was 62, committed suicide. At a news conference, prosecutors voiced confidence that Ivins would have been found guilty. They said years of cutting-edge DNA analysis had borne fruit, proving that his spores were “effectively the murder weapon.”

To many of Ivins’ former colleagues at the germ research center in Fort Detrick, Md., where they worked, his invitation to test the Dugway material and other spores in his inventory is among numerous indications that the FBI got the wrong man.

What kind of murderer, they wonder, would ask the cops to test his own gun for ballistics?

To prosecutors, who later branded Ivins the killer in a lengthy report on the investigation, his solicitous email is trumped by a long chain of evidence, much of it circumstantial, that they say would have convinced a jury that he prepared the lethal powder right under the noses of some of the nation’s foremost bio-defense scientists.

PBS’ Frontline, McClatchy and ProPublica have taken an in-depth look at the case against Ivins, conducting dozens of interviews and reviewing thousands of pages of FBI files. Much of the case remains unchallenged, notably the finding that the anthrax letters were mailed from Princeton, N.J., just steps from an office of the college sorority that Ivins was obsessed with for much of his adult life.

Bruce Ivins
Bruce Ivins

But newly available documents and the accounts of Ivins’ former colleagues shed fresh light on the evidence and, while they don’t exonerate Ivins, are at odds with some of the science and circumstantial evidence that the government said would have convicted him of capital crimes. While prosecutors continue to vehemently defend their case, even some of the government’s science consultants wonder whether the real killer is still at large.

Prosecutors have said Ivins tried to hide his guilt by submitting a set of false samples of his Dugway spores in April 2002. Tests on those samples didn’t display the telltale genetic variants later found in the attack powder and in sampling from Ivins’ Dugway flask.

Yet records discovered by Frontline, McClatchy and ProPublica reveal publicly for the first time that Ivins made available at least three other samples that the investigation ultimately found to contain the crucial variants, including one after he allegedly tried to deceive investigators with the April submission.

Paul Kemp, who was Ivins’ lawyer, said the government never told him about two of the samples, a discovery he called “incredible.” The fact that the FBI had multiple samples of Ivins’ spores that genetically matched anthrax in the letters, Kemp said, debunks the charge that the biologist was trying to cover his tracks.

Asked about the sample submissions, as well as other inconsistencies and unanswered questions in the Justice Department’s case, lead federal prosecutor Rachel Lieber said she was confident that a jury would have convicted Ivins.

“You can get into the weeds, and you can take little shots of each of these aspects of our vast, you know, mosaic of evidence against Dr. Ivins,” she said in an interview. But in a trial, she said, prosecutors would have urged jurors to see the big picture.

“And, ladies and gentlemen, the big picture is, you have, you know, brick upon brick upon brick upon brick upon brick of a wall of evidence that demonstrates that Dr. Ivins was guilty of this offense.”

Scientists who worked on the FBI’s case do not all share her certainty. Claire Fraser-Liggett, a genetics consultant whose work provided some of the most important evidence linking Ivins to the attack powder, said she would have voted to acquit.

“I don’t know how it would have been possible to convict him,” said Fraser-Liggett, the director of the University of Maryland’s Institute for Genome Sciences. “Should he have had access to a potential bio-weapon, given everything that’s come to light? I’d say no. Was he just totally off the wall, from everything I’ve seen and read? I’d say yes.

“But that doesn’t mean someone is a cold-blooded killer.”

The Justice Department formally closed the anthrax case last year. In identifying Ivins as the perpetrator, prosecutors pointed to his deceptions, his shifting explanations, his obsessions with the sorority and a former lab technician, his penchant for taking long drives to mail letters under pseudonyms from distant post offices and, after he fell into drinking and depression with the FBI closing in, his violent threats during group therapy sessions. An FBI search of his home before he died turned up a cache of guns and ammunition.

Most of all, though, prosecutors cited the genetics tests as conclusive evidence that Ivins’ Dugway spores were the parent material to the powder.

Yet, the FBI never could prove that Ivins manufactured the dry powder from the type of wet anthrax suspensions used at Fort Detrick. It couldn’t prove that he scrawled letters mimicking the hateful rhetoric of Islamic terrorists. And it couldn’t prove that he twice slipped away to Princeton to mail the letters to news media outlets and two U.S. senators; it could prove only that he had an opportunity to do so undetected.

The $100 million investigation did establish that circumstantial evidence could mislead even investigators armed with unlimited resources.

Before focusing on Ivins, the FBI spent years building a case against another former Army scientist. Steven Hatfill had commissioned a study on the effectiveness of a mailed anthrax attack and had taken ciprofloxacin, a powerful antibiotic used to treat or prevent anthrax, around the dates of the mailings. Then-Attorney General John Ashcroft called Hatfill a “person of interest,” and the government eventually paid him a $5.8 million settlement after mistakenly targeting him.

Ivins’ colleagues and some of the experts who worked on the case wonder: Could the FBI have made the same blunder twice?

Did Ivins have a motive?

Growing up in Ohio, the young Bruce Ivins showed an early knack for music and science. But his home life, described as “strange and traumatic” in a damning psychological report released after his death, left scars that wouldn’t go away.

The report, written by a longtime FBI consultant and other evaluators with court-approved access to Ivins’ psychiatric records, said Ivins was physically abused by a domineering and violent mother and mocked by his father. Ivins developed “the deeply felt sense that he had not been wanted,” the authors found, and he learned to cope by hiding his feelings and avoiding confrontation with others.

Ivins attended the University of Cincinnati, staying there until he earned a doctoral degree in microbiology. In his sophomore year, prosecutors say, the socially awkward Ivins had a chance encounter that influenced his life: A fellow student who belonged to the Kappa Kappa Gamma sorority spurned him.

For more than 40 years, even as a married man, Ivins was obsessed with KKG, a fixation that he later admitted drove him to multiple crimes. Twice he broke into chapters, once climbing through a window and stealing the sorority’s secret code book.

After taking a research job at the University of North Carolina at Chapel Hill, Ivins discovered that a doctoral student, Nancy Haigwood, was a KKG alumna, and he tried to strike up a friendship. When she kept him at a distance, Ivins turned stalker, swiping her lab book and vandalizing her fiance’s car and the fence outside her home. Two decades later, when Haigwood received an FBI appeal for scientists nationwide to help find the anthrax mailer, she instantly thought of Ivins and phoned the FBI. Investigators didn’t home in on him for years.

When they did, the mailbox in Princeton, which also was near the home of a former Fort Detrick researcher whom Ivins disliked, loomed large.

“This mailbox wasn’t a random mailbox,” said Edward Montooth, a recently retired FBI agent who ran the inquiry. “There was significance to it for multiple reasons. And when we spoke to some of the behavioral science folks, they explained to us that everything is done for a reason with the perpetrator. And you may never understand it because you don’t think the same way.”

Ivins was a complicated, eccentric man. Friends knew him as a practical jokester who juggled beanbags while riding a unicycle, played the organ in church on Sundays and spiced office parties with comical limericks. William Hirt, who befriended Ivins in grad school and was the best man at his wedding, described him as “a very probing, spiritual fellow that wouldn’t hurt a fly.”

Ivins gained self-esteem and status in his job as an anthrax researcher at the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick in Frederick, Md.

Even so, his fixations wouldn’t quit.

He became so obsessed with two of his lab technicians that he sent one of them, Mara Linscott, hundreds of email messages after she left to attend medical school in Buffalo, N.Y. Ivins drove to her home to leave a wedding gift on her doorstep. When she left, he wrote a friend, “it was crushing,” and called her “my confidante on everything, my therapist and friend.”

Later, after snooping on email messages in which the two technicians discussed him, Ivins told a therapist that he’d schemed to poison Linscott but aborted the plan at the last minute.

USAMRIID was once a secret germ factory for the Pentagon, but the institute’s assignment shifted to vaccines and countermeasures after the United States and Soviet Union signed an international treaty banning offensive weapons in 1969. A decade later, a deadly leak from a secret anthrax-making facility in the Soviet city of Sverdlovsk made it clear that Moscow was cheating and prompted the United States to renew its defensive measures.

Ivins was among the first to be hired in a push for new vaccines.

By the late 1990s, he was one of USAMRIID’s top scientists, but the institute was enmeshed in controversy. Worried that Iraqi leader Saddam Hussein had made large quantities of anthrax before the 1991 Persian Gulf War, President Bill Clinton had ordered that all military personnel, not just those in war zones, be inoculated with a 1970s-era vaccine. But soldiers complained of ill health from the vaccine, some blaming it for the symptoms called Gulf War Syndrome.

Later, Karl Rove, political adviser to new President George W. Bush, suggested that it was time to stop the vaccinations. Further, a Pentagon directive—although quickly reversed in 2000—had ordered a halt to research on USAMRIID’s multiple anthrax-vaccine projects.

Federal prosecutors say these developments devastated Ivins, who’d devoted more than 20 years to anthrax research that was now under attack.

“Dr. Ivins’ life’s work appeared destined for failure, absent an unexpected event,” said the Justice Department’s final report on the anthrax investigation, called Amerithrax. Told by a supervisor that he might have to work on other germs, prosecutors say Ivins replied: “I am an anthrax researcher. This is what I do.”

Ivins’ former bosses at Fort Detrick call that Justice Department characterization wrong. Ivins had little to do with the existing vaccine; rather, he was working to replace it with a better, second-generation version, they say.

In the summer of 2001, Ivins shouldn’t have had any worries about his future, said Gerard Andrews, who was then his boss as the head of USAMRIID’s Bacteriology Division. “I believe the timeline has been distorted by the FBI,” Andrews said. “It’s not accurate.”

Months earlier, Andrews said, the Pentagon had approved a full year’s funding for research on the new vaccine and was mapping out a five-year plan to invest well over $15 million.

Published reports have suggested that Ivins had another motive: greed. He shared patent rights on the new vaccine. If it ever reached the market, after many more years of testing and study, federal rules allowed him to collect up to $150,000 in annual royalties.

If that was his plan, it didn’t go well. After the attacks, Congress approved billions of dollars for bio-defense and awarded an $877.5 million contract to VaxGen Inc. to make the new vaccine but scrapped it when the California firm couldn’t produce the required 25 million doses within two years.

Ivins received modest royalty payments totaling at least $6,000. He told prosecutors he gave most of the money to others who had worked with him on the project, said Kemp, his defense attorney.

Kemp said prosecutors told him privately that they’d dismissed potential financial returns as a motive. That incentive wasn’t cited in the Justice Department’s final report.

Did Ivins have an opportunity?

The relatively lax security precautions in place at U.S. defense labs before the mailings and Sept. 11 terrorist attacks offered many opportunities for a deranged scientist. Prosecutors said Ivins had easy access to all the tools needed to make the attack spores and letters.

Researchers studying dangerous germs work in a “hot suite,” a specially designed lab sealed off from the outside world. The air is maintained at “negative pressure” to prevent germs from escaping. Scientists undress and shower before entering and leaving.

Watch the video report
Like many of his colleagues at Fort Detrick, Ivins dropped by work at odd hours. In the summer and fall of 2001, his night and weekend time in the hot suite spiked: 11 hours and 15 minutes in August, 31 hours and 28 minutes in September and 16 hours and 13 minutes in October. He’d averaged only a couple of hours in prior months. Swiping a security card each time he entered and left the suite, he created a precise record of his visits. Rules in place at the time allowed him to work alone.

Sometime before the mailings, prosecutors theorize, Ivins withdrew a sample of anthrax from his flask—labeled RMR-1029—and began to grow large quantities of the deadly germ. If so, his choice of strains seemed inconsistent with the FBI’s portrait of him as a cunning killer. Surrounded by a veritable library of germs, they say, Ivins picked the Dugway Ames spores, a culture that was expressly under his control.

Using the Ames strain “pointed right at USAMRIID,” said W. Russell Byrne, who preceded Andrews as the chief of the Bacteriology Division and who’s among those convinced of Ivins’ innocence. “That was our bug.”

Federal prosecutors have declined to provide a specific account of when they think Ivins grew spores for the attacks or how he made a powder. But the steps required are no mystery.

First, he would have had to propagate trillions of anthrax spores for each letter. The bug can be grown on agar plates (a kind of petri dish), in flasks or in a larger vessel known as a fermenter. Lieber, then an assistant U.S. attorney and lead prosecutor, said the hot suite had a fermenter that was big enough to grow enough wet spores for the letters quickly.

To make the amount of powder found in the letters, totaling an estimated 4 to 5 grams, Ivins would have needed 400 to 1,200 agar plates, according to a report by a National Academy of Sciences panel released in May. Growing it in a fermenter or a flask would have been less noticeable, requiring between a few quarts and 14 gallons of liquid nutrients.

Next was drying. Simple evaporation can do the job, but it also would expose other scientists in a hot suite. Lieber said the lab had two pieces of equipment that could have worked faster: a lyophilizer, or freeze dryer; and a smaller device called a “Speed Vac.”

Investigators haven’t said whether they think the Sept. 11 attacks prompted Ivins to start making the powder or to accelerate a plan already under way. However, records show that on the weekend after 9/11, Ivins spent more than two hours each night in the hot suite on Friday, Saturday and Sunday.

The next afternoon, Monday, Sept. 17, 2001, he took four hours of annual leave but was back at USAMRIID at 7 p.m. Because of their Sept. 18 postmarks, the anthrax-laced letters had to have been dropped sometime between 5 p.m. Monday and Tuesday’s noon pickup at a mailbox at 10 Nassau St. in Princeton.

If Ivins did make the seven-hour round-trip drive from Fort Detrick, he would’ve had to travel overnight. Investigators said he reported to USAMRIID at 7 a.m. Tuesday for a business trip to Pennsylvania.

Did Ivins have the means?

Colleagues who worked with Ivins in the hot suite and think that he’s innocent say he’d never worked with dried anthrax and couldn’t have made it in the lab without spreading contamination.

Andrews, Ivins’ former boss, said Ivins didn’t know how to use the fastest process, the fermenter, which Andrews described as “indefinitely disabled,” with its motor removed. He said the freeze dryer was outside the hot suite, so using it would have exposed unprotected employees to lethal spores.

Without a fermenter, it would have taken Ivins “30 to 50 weeks of continuous labor” to brew spores for the letters, said Henry Heine, a former fellow Fort Detrick microbiologist who’s now with the University of Florida. Prosecutors and a National Academy of Sciences panel that studied the case said the anthrax could have been grown as quickly as a few days, though they didn’t specify a method.

FBI searches years later found no traces of the attack powder in the hot suite, lab and drying equipment.

Fraser-Liggett, the FBI’s genetics consultant, questioned how someone who perhaps had to work “haphazardly, quickly” could have avoided leaving behind tiny pieces of forensically traceable DNA from the attack powder.

Lieber, the Justice Department prosecutor, said the FBI never expected to find useable evidence in the hot suite after the equipment had been cleaned multiple times.

“This notion that someone could have stuck a Q-tip up in there and found, you know, a scrap of ‘1029’ DNA, I think is, with all due respect, it’s inconsistent with the reality of what was actually happening,” she said.

Yet, in 2007, six years after the letters were mailed, the FBI carefully searched Ivins’ home and vehicles looking for, among other things, anthrax spores. None were found.

The first round of anthrax letters went to an eclectic media group: Tom Brokaw, the NBC anchor; the tabloid newspaper the New York Post; and the Florida offices of American Media Inc., which publishes the National Enquirer. Just over two weeks later, on Oct. 4, jittery Americans were startled to learn that a Florida photo editor, Robert Stevens, had contracted an extremely rare case of inhalation anthrax.

Stevens died the next day. As prosecutors tell the story, Ivins would hit the road to New Jersey again as early as Oct. 6, carrying letters addressed to the offices of Democratic Sens. Patrick Leahy, the Judiciary Committee chairman from Vermont, and Tom Daschle of South Dakota, the Senate majority leader.

Unlike the brownish, granular, impure anthrax in the earlier letters, this batch was far purer, with tiny particles that floated like a gas, making them more easily inhaled and therefore deadlier.

Just a few hours before those letters were dropped at Nassau Street, investigators had a scientific breakthrough: Paul Keim, an anthrax specialist at Northern Arizona University, verified that the spores in Stevens’ tissues were the Ames strain of anthrax.

“It was a laboratory strain,” Keim recalled later, “and that was very significant to us.”

On Oct. 15, an intern in Daschle’s office opened a nondescript envelope with the return address “4th Grade, Greendale School, Franklin Park, NJ 08852.” A white powder uncoiled from the rip, eventually swirling hundreds of feet through the Hart Senate Office Building, where dozens of senators work and hold hearings. It would take months and millions of dollars to fully cleanse the building of spores.

Ill-prepared to investigate America’s first anthrax attack, the FBI didn’t have a properly equipped lab to handle the evidence, so the Daschle letter and remaining powder were taken to Fort Detrick.

Among those immediately enlisted to examine the attack powder: Bruce Ivins.

The FBI would turn to Ivins time and again in the months and years ahead. At this early moment, he examined the Daschle spores and logged his observations with scientific exactitude. The quality, he determined, suggested “professional manufacturing techniques.”

“It is an extremely pure preparation, and an extremely high concentration,” Ivins wrote on Oct. 18, 2001. “These are not ‘garage’ spores.”

Part 2: Did Bruce Ivins Hide Attack Anthrax From the FBI?

In early 2002, federal agents who were hunting the anthrax killer were trying to winnow a suspect list that numbered in the hundreds. They knew only that they were looking for someone with access to the rare Ames strain of anthrax used in research labs around the world. Profilers said the perpetrator probably was an American with “an agenda.”

The powder-laced letters, which killed five people, contained no fingerprints, hair or human DNA but did offer one solid microscopic clue: The lethal spores in the powder were dotted with genetically distinct variants known as morphs.

So agents set out on an arduous task: Collect samples from Ames anthrax cultures around the world, sort through them and find one with morphs that matched the attack powder. Then they’d have a line on where the murder weapon was made and, perhaps, the identity of the killer.

Bruce Ivins, an Army scientist at Fort Detrick, Md., had a good idea where the inquiry was headed. In the months after the attacks, he’d schooled federal agents in the intricacies of anthrax, explaining how the telltale morphs can arise from one generation to the next.

In April 2002, Ivins did something that investigators would highlight years later as a pillar in the capital murder case that was being prepared against him before he committed suicide in 2008: He turned over a set of samples from his flask of Ames anthrax that tested negative, showing no morphs. Later, investigators would take their own samples from the flask and find four morphs that matched those in the powder.

Rachel Lieber, the lead prosecutor in a case that will never go to trial, thinks that Ivins manipulated his sample to cover his tracks. “If you send something that is supposed to be from the murder weapon, but you send something that doesn’t match, that’s the ultimate act of deception. That’s why it’s so important,” Lieber said.

However, a re-examination of the anthrax investigation by Frontline, McClatchy and ProPublica turned up new evidence that challenges the FBI’s narrative of Ivins as a man with a guilty conscience who was desperately trying to avoid being discovered.

Records recently released under the Freedom of Information Act show that Ivins made available a total of four sets of samples from 2002 to 2004, double the number the FBI has disclosed. And in subsequent FBI tests, three of the four sets ultimately tested positive for the morphs.

Paul Kemp, Ivins’ lawyer, said the existence of Ivins’ additional submissions was significant because it discredits an important aspect of the FBI’s case against his client. “I wish I’d known that at the time,” he said.

Heroes and suspects

To understand how investigators eventually came to see almost everything Ivins did or said as proof of his guilt, you have to return to the fall of 2001.

The FBI wasn’t equipped to handle deadly germs, so the attack powder was rushed to Fort Detrick, the home of the U.S. Army Medical Research Institute of Infectious Diseases.

From the beginning, Fort Detrick researchers played a prominent role in the inquiry. Ivins was among the most voluble, offering advice and a steady stream of tips about co-workers, foreign powers and former employees who might have carried out the attacks.

Investigators quickly recognized they were in an awkward situation. Any of the scientists could be the killer. Agents canvassed the tight-knit laboratory, inviting the researchers to finger their colleagues. “We were heroes in the morning and suspects in the afternoon,” recalled Jeffrey Adamovicz, at the time the deputy chief of the Bacteriology Division, where Ivins worked.

At 8:45 a.m. on Dec. 16, 2001, Ivins typed out an email to colleagues offering to provide Ames strain “for genetic analysis or sequencing by whomever.” He offered a sample of the original Ames anthrax taken in 1981 from a Texas cow and a collection of spores sent to Fort Detrick in 1997, mostly from the U.S. Army base in Dugway, Utah. Seven years later, prosecutors announced that they were certain the attack powder had been grown with germs from the Dugway flask Ivins was offering for scrutiny.

John Ezzell, a USAMRIID scientist at the time who assisted the FBI, said in an interview that Ivins likely didn’t think the technology could distinguish among Ames variants. But the record suggests otherwise.

On Jan. 23, 2002, Ivins gave an FBI agent a detailed tutorial on how to spot morphs in anthrax colonies. He also volunteered the names of two people who had the “knowledge and character” to have prepared and sent the letters while explaining that he’d never worked with powdered anthrax.

Ivins then showed the agent photos of anthrax morphs and said that “DNA sequencing should show the differences in genetics,” the mutations that make morphs grow differently. Ivins had good reason to understand the biology of morphs: One of his best friends at the lab, Patricia Worsham, had published a pioneering paper on the subject several years earlier.

In suggesting that the FBI use morphs to catch a killer, Ivins was proposing some cutting-edge science. No one had ever attempted to genetically fingerprint morphs, and the researchers advising the FBI weren’t even sure it could be done. Such genetic detective work, now commonplace, was in its infancy. Today, this technique is recognized as a precise but not foolproof method of identification.

A few weeks later, Ivins gave several people the sort of evidence he seemed to be suggesting they collect. He provided a sample to a colleague who wanted to look at the spores under a microscope. Then, on Feb. 27, Ivins drew anthrax from his flask, which he labeled RMR-1029, and provided it to investigators who were assembling the FBI’s worldwide library of anthrax. If prosecutors are right, the murderer had handed over his gun for testing.

But then the narrative took a strange twist. Perhaps deliberately, perhaps by chance, Ivins placed the spores in the wrong type of glass vessel. Investigators rejected the sample and told him to try again.

Sometime in the next few weeks, prosecutors contend, Ivins figured out for the first time that the morphs might trap him. Until then, they assert, he’d assumed that the anthrax in his flask was pure and therefore without morphs. But Paul Keim, the scientist who helped the FBI identify the attack strain, said it seemed implausible that Ivins thought his spores were morph-free. The Dugway culture included dozens of separate batches, most of which were grown at the Utah Army base in fermenters, an ideal breeding ground for morphs. Ivins, Keim said, was likely to have understood this.

In April 2002, Ivins prepared a third sample from RMR-1029. This time, his lawyer said, he plucked a sample using a technique called a “single colony pick,” a method biologists use to maintain purity when growing bacteria. Ultimately, this sample tested negative for the morphs. Prosecutors said they’re not even sure that the sample Ivins submitted came from the flask. If it did, they said, he obstructed justice, since their subpoena instructed scientists to capture diverse samples of spores that would be sure to reproduce any morphs. Ivins told investigators he’d followed standard procedures for microbiologists when he sampled just one colony.

Investigators eventually seized and tested the germs Ivins turned over to his colleague for microscopic examination, and found they tested positive for the morphs. Separately, they stumbled across a duplicate first submission from February: the material that had been rejected. It, too, was positive.

Curious conduct in the lab

In late April 2002, investigators confronted Ivins about reports that he’d been furtively testing for anthrax spores in his office and other areas outside the “hot suites,” the sealed rooms where researchers worked with deadly pathogens.

Ivins said that that was true and volunteered that he’d also conducted cleanups in the lab not once but twice — in December 2001, when he bleached over areas he’d found to be contaminated, and again in mid-April, when he conducted a search for errant anthrax spores.

These acts violated the lab’s standard procedure, which called for the safety office to investigate and clean up any contamination.

Ivins offered curious explanations. He said that in December, he had been trying to address the worries of a junior technician that sloppy handling of the attack powder had spread deadly spores through the lab. In April, against the advice of his supervisor, he launched his own tests after two researchers accidentally spilled a small amount of anthrax in the hot suite.

Asked why he didn’t inform safety officials of the possible dangers, Ivins told investigators he didn’t want to disrupt the FBI inquiry or alarm colleagues.

Whatever his motivation, subsequent tests showed Ivins had a point about failures to contain anthrax in the labs. His sampling showed that tiny amounts of anthrax of various strains had somehow seeped out of the hot suite and into his office. The Army ordered an investigation into why the lab’s safety procedures weren’t followed.

Despite Ivins’ puzzling behavior, investigators wouldn’t focus on him for years.

The anthrax inquiry was following another course and had zeroed in on a virologist named Steven Hatfill. A blunt character who boasted of his years in Rhodesia, Hatfill had a penchant for publicity, holes in his résumé and an unpublished novel that featured a Palestinian terrorist who attacks Washington with the bubonic plague. The evidence against him was entirely circumstantial.

Investigators remained on Hatfill’s trail until late 2006. By then, they’d searched his home, deployed anthrax-sniffing dogs and even emptied a pond, from which they removed a suspicious contraption. It was a turtle trap. No evidence of anthrax turned up. (Hatfill sued the government and received $5.8 million to settle the case).

A new Ivins sample

In early April 2004, Ivins was asked to help the FBI collect a complete set of cultures from Fort Detrick. Earlier, FBI agents had found 22 vials of anthrax that hadn’t been turned over. On April 6, a lab assistant found a test tube of material that appeared to have been removed from Ivins’ flask.

The assistant gave the germs to Henry Heine, a colleague of Ivins’ who happened to be in the building. Heine said he checked with Ivins, who told him to send a sample from the tube to the FBI. In an April 6 email, Ivins thanked Heine, acknowledging that the anthrax “was probably RMR-1029.”

Heine views this moment as a sign of his colleague’s innocence, pointing out that Ivins willingly turned over a sample he thought had originated from his flask. In an interview, Heine said there were no cameras in the building, that FBI agents weren’t monitoring the search and that Ivins easily could have prepared the sample himself and tampered with the evidence.

A day later, investigators seized Ivins’ flask, locking it in a safe double-sealed with evidence tape.

What happened next raises questions about the reliability of the FBI’s method for detecting morphs. The bureau separately ordered tests on Heine’s sample and a second one drawn from the same test tube. Records show conflicting results, one negative and one positive.

Does this mean the FBI’s tests for morphs were unreliable?

An FBI scientist said Ivins had told investigators the anthrax in the refrigerator had been diluted. This perhaps made the morphs undetectable in testing, said the scientist, who was made available to discuss the matter on the condition of anonymity.

Heine said the sample he sent wasn’t diluted.

“We can only go by what Bruce told us,” the FBI scientist replied.

Heine said he sent the FBI at least two additional samples from RMR-1029 that Ivins had shared with him. He said the FBI later told him both had tested negative for the morphs. The FBI scientist said the bureau could find no record of this.

Ivins’ hidden obsessions come out

In September 2006, the FBI assigned Edward Montooth to lead the anthrax inquiry. Montooth looked at the evidence through fresh eyes, and his attention quickly focused on the background and conduct of Ivins. By December, he told FBI Director Robert Mueller that Ivins had emerged as the prime suspect.

Investigators saw mounting evidence that the Fort Detrick scientist was hiding something.

They learned about his lifelong obsession with the Kappa Kappa Gamma sorority and discovered that the Princeton, N.J., mailbox into which the letters had been dropped was just yards from a KKG office. Ivins had mailed packages under assumed names, and his email messages expressed fears that he was paranoid, delusional or suffering from a split personality.

“When I get all steamed up, I don’t pout. I push Bruce aside, then I’m free to run about!” one read.

The genetic evidence seemed persuasive. Investigators had tested 1,059 Ames samples from U.S. and foreign labs and found only 10 with three or more of the morphs that genetically matched the letter powder. All traced back to Ivins’ flask.

The FBI identified 419 people at Fort Detrick and other labs who could have had access to the material. Prosecutors say each was investigated and cleared of possible involvement.

All of Ivins’ actions in the early days of the investigation were reinterpreted as signs of his guilt. Investigators recovered a portion of his first sample from RMR-1029—the test tubes that had been rejected because they were the wrong kind—and found that they contained the incriminating morphs. They contrasted that with the second sample from 2002—no morphs—and saw it as proof that Ivins had learned before submitting it that the Ames strain could be traced to his flask.

Asked about the April 2004 sample turned up by PBS Frontline, McClatchy and ProPublica that tested positive, prosecutor Lieber said it could be easily explained. Ivins had no choice: FBI agents were swarming through Fort Detrick looking for cultures of anthrax that hadn’t been submitted for genetic testing.

The unauthorized cleanup of the lab, the Justice Department said in its report last year, reflected a “guilty conscience.”

“The evidence suggests that Dr. Ivins knew where to swab because he knew where he had contaminated the building,” prosecutors wrote.

Even Ivins’ defenders had questioned his actions at the time. “I said, ‘Bruce, do you realize how bad this looks?’ And he was a little bit puzzled,” Adamovicz said. “I said, ‘This makes you look suspicious because it looks like you’re trying to hide something.’ Bruce, of course, denied that he was trying to hide anything. And again, in my view, I don’t think he was trying to hide anything. I think he couldn’t keep a secret if he had to.”

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The Army’s report on the incident didn’t portray it as nefarious. It confirmed the presence of Ames anthrax and two other anthrax strains in Ivins’ office. Ames also was found near a “pass box” through which Ivins had transferred one of the letters to the hot suite, the men’s changing area and Ivins’ office. But investigators were unable to nail down an original source for the contamination. They determined that it was unrelated to the minor spill in the hot suite and speculated that it could have resulted from the handling of the anthrax letters.

Investigators executed a search warrant at Ivins’ home and office. They found guns, a shooting range in his basement and Tasers. But swab after swab taken from every conceivable nook and cranny found not a single spore from the attack powder. Lieber said that was to be expected with a microbiologist trained to handle dangerous germs.

Claire Fraser-Liggett, a key genetics consultant for investigators, found such a dismissal troubling. “You think about all the efforts that had to go into decontaminating postal facilities, and the volatility of those spores and the fact that they were around for so long,” she said. “I think it represents a big hole, really gives me pause to think: How strong was this case against Dr. Ivins?”

Ivins sat down for detailed interviews with prosecutors in early 2008 and volunteered a series of damaging admissions with his lawyer present. He acknowledged making long drives at night while his wife slept and calmly recounted his obsession with Kappa Kappa Gamma, blindfolding and bondage. Sometimes his answers were incoherent, FBI summaries show. He couldn’t explain, for example, why he had spent so many late nights in the lab in the weeks before the letter attacks.

By the summer of 2008, Ivins was coming apart. He told his group therapy session, which he’d begun attending in recent months, that he was planning to get a gun so he could kill his enemies. The FBI searched his home again and seized several guns, bulletproof vests and 250 rounds of ammunition.

Ivins was briefly committed and then released. On July 26, he took an overdose of over-the-counter medication. Three days later, he was dead at 62. Neither he nor the prosecutors would ever have their day in court.

‘This was not an airtight case’

A week later, Justice Department officials called a news conference to describe their evidence against Ivins as some in Congress called for an independent investigation of the case.

“We believed that based on the evidence we had collected, we could prove his guilt to a jury beyond a reasonable doubt,” U.S. Attorney Jeffrey Taylor told reporters at the time. “Based on the totality of the evidence we had gathered against him, we are confident that Dr. Ivins was the only person responsible for these attacks.”

Prosecutors and investigators patiently laid out the case against Ivins. At its heart, they said, was the revolutionary science that had improbably traced the attack powder to a single flask.

“RMR-1029 was conclusively identified as the parent material to the anthrax powder used in the mailings,” the Justice Department wrote in its summary of the case.

Fraser-Liggett, who did some of the pioneering genetics work for the investigation, remains unconvinced.

“This was not an airtight case, by any means. You know, I think that, for an awful lot of people, there is a desire to really want to say that ‘yes, Ivins was the perpetrator. This case can reasonably be closed. And we can put this tragic chapter in U.S. history behind us,’ ” she said. “But I think part of what’s driving that is the fact that, if he wasn’t the perpetrator, then it means that person is still out there.”

Part 3: Was FBI’s Science Good Enough to ID Anthrax Killer?

WASHINGTON — In March 2007, federal agents convened an elite group of outside experts to evaluate the science that had traced the anthrax in the letters to a single flask at an Army lab in Maryland.

Laboratory work had built the heart of the case against Bruce Ivins, an Army researcher who controlled the flask. Investigators had invented a new form of genetic fingerprinting for the case, testing anthrax collected from U.S. and foreign labs for mutations detected in the attack powder.

Out of more than 1,000 samples, only eight had tested positive for four mutations found in the deadly germs sent to Congress and the news media.

Even so, the outside scientists, known as the “Red Team,” urged the FBI to do more basic research into how and when the mutations arose to make sure the tests were “sound” and the results unchallengeable.

Jenifer Smith, a senior manager at the FBI’s laboratory, shared the team’s concerns. Smith recalled that she was worried the FBI didn’t have a full understanding of the mutations and might see a trial judge throw out the key evidence.

“The admissibility hearing would have been very difficult,” Smith recalled in an interview. “They had some good science, but they also had some holes that would have been very difficult to fill.”

The FBI rebuffed the Red Team’s suggestion, describing it as “an academic question with little probative value to the investigation.”

Ivins committed suicide in July 2008 as prosecutors were preparing to charge him with capital murder in the cases of the five people killed by the anthrax mailings. Prosecutors announced that Ivins was the sole perpetrator and the parent material for the letters had come from his flask.

Three years later, that assertion remains an open question. A separate panel, from the National Academy of Sciences, found that prosecutors had overstated the certainty of their finding. Committee members said newly available testing methods could prove the FBI’s case much more definitively or lead to other potential suspects. But federal investigators, who closed the case more than a year ago, have expressed no interest in further scientific study of the evidence.

A re-examination of the anthrax case by PBS Frontline, McClatchy and ProPublica has raised new questions about some of the evidence against Ivins. The reporting uncovered previously undisclosed tensions between researchers who were trying to create a new form of forensic science and criminal investigators whose boss was under intense pressure from the president of the United States to crack a case that had few leads and hundreds of plausible suspects.

Paul Keim, an anthrax expert at Northern Arizona University who assisted in the FBI investigation, said he had qualms about whether the bureau’s groundbreaking laboratory method would have survived a rigorous legal review.

“I don’t think that it was ready for the courtroom at the time Bruce committed suicide,” Keim said.

If Ivins hadn’t killed himself, he said, the FBI would have launched a “hard push” for additional data that showed the method was reliable. Such research, he said, also could have shown it wasn’t valid.

Keim, a member of the Red Team who attended the March 2007 meeting in Quantico, Va., said he didn’t find out that the team’s call for further research had been rejected until a year later, after Ivins had committed suicide and prosecutors were hastily organizing a news conference to describe the science.

Keim and other scientists involved in the case said the strictures of a criminal investigation prevented them from talking to one another or sharing information as they would on a typical research effort.

“The investigation was being driven by a small group of bureau scientists and investigators,” Keim said. “Broader engagement with an expert panel sworn to secrecy would have been good. Having the best scientific consultants embedded would have been good.”

Jenifer Smith was the section chief of the Intelligence and Analysis Section in the FBI’s Weapons of Mass Destruction Directorate until 2009, and she observed the process from inside. During the anthrax case, she said, the FBI lab departed from its traditional procedures and allowed top investigators to influence how the science was conducted.

“They deviated from traditional lab practice in this particular case,” Smith said. “There were some political things going on behind the scenes, and it was embarrassing not to have this solved. Yes, it was a long, drawn-out investigation. But that’s when you don’t deviate from your practices.”

Rachel Lieber, the lead prosecutor, said law-enforcement officials did try to make sure the science was rigorously vetted. But Lieber said there were limits and that the science was only a piece of a much larger mosaic of evidence against Ivins.

“You look at the lines of a trial and where do we spend our resources,” Lieber said. “Are we doing a science project or are we looking for proof at trial? These are two very different standards.”

Unprecedented effort on science

Questions about the definitiveness of the scientific findings began to arise soon after prosecutors said Ivins was the anthrax mailer. U.S. Attorney Jeffrey Taylor declared without equivocation in August 2008 that the FBI had proved that Ivins’ flask, RMR-1029, “was the parent flask for the spores” used in the mailings — “effectively the murder weapon.”

At a briefing a few weeks later, the FBI’s lab director, Christian Hassell, was asked to give a “level of confidence” for the findings. “It’s very high,” he replied. “This whole exercise shows that they were traced back to a single flask.”

Another official at the briefing, who spoke on condition of anonymity as a ground rule, claimed that the Red Team of outside experts had vetted and approved the work and the FBI had heeded its calls for further research.

“We invited a cadre of scientists to conduct a Red Team review of the science that we performed, and we took their suggestions,” the official said. “We made additional experiments and the data available to the Red Team at their suggestion. And so all of the science that went behind this was well-reviewed.”

Critics on Capitol Hill weren’t mollified. Sen. Patrick Leahy, a Vermont Democrat and one of the intended recipients of an anthrax letter, said he didn’t believe that Ivins had acted alone. So FBI Director Robert Mueller announced in September 2008 that a panel of the National Academy of Sciences would conduct an independent review of the scientific findings.

The FBI didn’t wait for the outcome of those deliberations. In February 2010, with the panel still taking testimony, prosecutors announced that the case was closed, Ivins was the sole perpetrator and RMR-1029 was “conclusively identified as the parent material to the anthrax powder used in the mailings.”

Nearly a year to the day later, the outside committee looked at the same evidence differently, saying scientific data “provided leads” as to where the spores had come from but “alone did not rule out other sources.”

The tests that identified the flask as the source of the parent spores for the attack showed an association but didn’t “definitively demonstrate such a relationship,” the panel said.

When the case of the anthrax mailings broke in late 2001, genetic sequencing was in its early days. It was only a year earlier that two teams of American scientists had announced that they’d mapped the human genome. Work on anthrax was under way but incomplete.

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A fortuitous lab miscue may have provided the biggest break. Early in the investigation, a colleague of Ivins’ at the Army research facility in Fort Detrick, Md., left spores from one of the letters growing in a dish longer than she’d planned. When she next looked, the researcher, Terry Abshire, noticed something potentially significant: The cultures had small numbers of visually distinguishable colonies, or morphs, which are caused by genetic mutations.

One of the leading scientists in the field describes morphs this way: Imagine a jar of M&M’s that are almost all chocolate — the anthrax spores — but sprinkled with a few blues and reds — the morphs. Scoop out a big enough portion of spores, grow the anthrax on plates, and a morph or two probably will appear.

Morphs that look the same can be caused by different mutations. To create a true genetic fingerprint of the attack powder, scientists had to find and sequence the mutations that spawned the morphs.

Once they had that fingerprint, investigators could look for a match with the stocks of anthrax in bio-defense labs. The Ames strain used in the letter attacks had been cultured from a dead cow in Texas in 1981, and the Army frequently used it for animal testing of vaccines.

More than 1,000 samples tested

The attack powder had multiple morphs. Over several years, contractors developed tests for four morphs that produced what the FBI said were reliable results.

It was no easy task. Just a year before the anthrax attacks, it would have been inconceivable, Keim said. By late 2001, it was merely revolutionary.

When the anthrax samples from U.S. and foreign bio-weapons labs were screened, only 10 out of more than 1,000 tested positive for three or more of the morphs. All came from Ivins’ flask, RMR-1029.

In its report earlier this year, the National Academy of Sciences panel raised numerous questions about this finding, some of which had been posed by the Red Team back in 2007.

The panel also noted that the FBI didn’t have a complete understanding of how temperature or other growth conditions might affect how many morphs appeared. Perhaps a particular morph would become visible only under certain growth conditions. It was this question that the Red Team had suggested for additional research in 2007.

The FBI’s own records show that the tests didn’t always deliver reliable results. In trying to prove that a sample Ivins provided from his flask in April 2002 was deceptive because it contained none of the morphs from the attack powder, investigators sampled the flask 30 times. All came back with at least one morph, and 16 came back with all four. Six of them showed only two or fewer, even though they were grown directly from the Ivins culture.

The National Academy of Sciences panel’s report raised the possibility that some of the morphs could arise through the process of “parallel evolution,” in which identical mutations occur in separately growing colonies of bacteria.

Richard Lenski, a Michigan State University professor and specialist in this field, said the FBI faced a significant challenge. In what he termed a “dream world” with unlimited resources, researchers could separately grow hundreds of colonies of the anthrax in both Ivins’ flask and the attack powder and compare the morphs that evolve.

Such an experiment, of course, would be an expensive long shot, because the person who made the powder did so in secret with methods that remain unknown.

Claire Fraser-Liggett, a pioneering genetics researcher, was part of the effort to track the morphs. In August 2008, she sat onstage alongside senior FBI science officials as the findings were presented. By then, she said, the technology had leapfrogged far beyond the techniques used in 2001 and 2002 to compare morphs.

Beginning in about 2006, she said, “next generation” sequencing came on line. What cost $250,000 and took one to two months of work in 2001 now could be done for about $150 in a week. With price no longer an issue, the DNA in a colony of anthrax could be sampled over and over and over, assuring accuracy. And you wouldn’t be limited to four morphs; you could test as many as you felt were useful.

Fraser-Liggett doesn’t fault the FBI for not switching to an untried technique in 2006. But she said the enhanced precision now available could bring new evidence to light, confirming investigators’ original conclusion or pointing in other directions.

Chemical signals never fully explained

For now, the case remains a matter of dispute, with prosecutors and law-enforcement officials insisting that the combination of science and circumstantial evidence would have been more than sufficient to win a conviction.

One area of contention is whether the killer tried to add a chemical to make the spores float more easily, so they’d have a better chance of being inhaled. McClatchy first reported last spring that the FBI had failed to explain the presence of unusual levels of silicon and tin in two of the letters, since those elements aren’t part of the process of growing spores.

Scientists pressing for answers to those questions published a paper in a scientific journal this month. The FBI says the silicon was present through a natural process, not from any special treatment by Ivins.

David A. Relman, vice chairman of the National Academy study committee and a professor at the Stanford University School of Medicine, said the scientific picture remained incomplete.

Relman said, for example, that the high level of silicon measured in the letter sent to the New York Post remained a “big discrepancy,” one for which the panel received no explanation. None of the spores in Ivins’ now-infamous flask contained any silicon.

Relman said the panel questioned FBI officials about whether the high silicon measurement had arisen from an anomaly in the testing.

“We asked: ‘Is it nonrepresentative sampling?'” he said.

“And they said, ‘No, we don’t think that’s the answer.’ ”

“There is no answer,” Relman said, “That’s why we said it’s not resolved.”

Lieber, the prosecutor, said she would have moved to exclude the high-silicon reading at trial since it came from a single measurement.

According to the FBI, the anthrax from RMR-1029 was used as starter germs for the attack powder. Investigators suspect that there were at least two separate production runs. The powder sent to the media was relatively coarse; the anthrax mailed to Congress had much smaller particles and floated like a gas.

The germs in the flask were a mix of anthrax grown by Ivins and the Army base in Dugway, Utah. During the growth phase, the anthrax killer introduced several impurities, including silicon, trace elements of tin and, in two of the letters, an unusual strain of another bacterium, Bacillus subtilis.

Had Ivins not committed suicide, his trial very likely would have included vigorous sparring over the scientific evidence. Experts probably would have offered conflicting testimony about the reliability and certainty of the genetic tests.

Relman said a trial would have been the only way in which the prosecution’s evidence “could have been weighed and challenged by experts.”

It’s worth considering whether an independent panel should evaluate the full case against Ivins, looking at the science, the evidence investigators gathered and all other relevant material, Relman said.

“We have to decide … how important this case is to us as a society, and I’m not presupposing it is,” he said.

Fraser-Liggett and Lenski said it would be valuable to continue testing the anthrax samples in the case as new, more sensitive technologies come on line.

“Speaking as an individual citizen,” Lenski wrote in an email, “I think it would benefit the public. Even if it didn’t resolve the Amerithrax case with respect to criminal culpability, it would be a valuable test run of what science could contribute if a similar terrorist event were to occur.”

by Stephen Engelberg, ProPublica, Greg Gordon, McClatchy, Jim Gilmore and Mike Wiser, PBS Frontline, Oct. 10, 2011, 11:04

Find the story at 10 October 2011 part 1

Find the story at 10 October 2011 part 2

Find the story at 10 October 2011 part 3

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The Anthrax Files: The Essential Documents (2011)

FRONTLINE closely examined more than 27,000 pages of FBI documents for this investigation. Here are some of the key documents and significant reports on the investigation and the government’s conclusion that Dr. Bruce Ivins was the perpetrator of the attacks.

October 1997 — USAMRIID Reference Material Receipt Record
This document shows Dr. Bruce Ivins at the U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID) was the custodian of a 1000 ml flask of liquid anthrax labeled RMR-1029. The FBI later claims RMR-1029 is the parent material of the anthrax used in the mailings.

October 2001 — Bruce Ivins’ Analysis of the Daschle Sample
The anthrax from the letter addressed to Sen. Tom Daschle (D-S.D.) was sent to USAMRIID for analysis by Ivins and his colleagues. In his report, Ivins wrote:

If this is a preparation of bacterial spores, it is an extremely pure preparation, and an extremely high concentration. These are not “garage” spores. The nature of the spore preparation suggests very highly that professional manufacturing techniques were used in the production and purification of the spores, as well as converting the spores into an extremely fine powder.

March 2005 — Ivins Interviewed by FBI
In the spring of 2005, investigators were narrowing in on RMR-1029, and they began interviewing people with access to the flask. They interview Ivins on March 31. He is asked detailed questions about the flask, anthrax production at USAMRIID, and personal e-mail exchanges:

IVINS was aware that many of these e-mails reveal aspects of his personal life and mental health at the time, including an acknowledgement by him that he was seeing a psychologist and had been diagnosed with “paranoid personality disorder.” IVINS offered that at the time some of these e-mails were written he was taking the antidepressant prescription medication Celexa (citalopram hydrobromide). IVINS said he is better now and no longer takes Celexa. IVINS related that he internalizes his negative emotions and, as a result, suffers from ulcers and irritable bowel syndrome. When asked whether his psychological condition had ever caused him to do anything which surprised him, IVINS responded in the negative. IVINS offered that he does not “act out” and has never hit his wife.

Ivins is also asked whether, as the patent-holder on an anthrax vaccine, he could have financially benefited from the attacks. Ivins says that he received $6,000 in royalties after his vaccine was mass-produced and that he shared the payment with his colleagues.

Ivins also addresses his late hours and weekends at work, saying he would sometimes go to the lab “‘to escape’ the stresses of his family” and that he spent time in the hot suites to escape a security guard who bothered him.

And he talks about taking long, “mindless drives,” equating them with “the way some people go for a long walk,” but denies driving to Princeton, N.J. (the location from which the anthrax letters were mailed).

Years later, Ivins would e-mail a friend about this interrogation, which he says put him into a deep depression:

Up until that time I felt that I had been helping officials with the anthrax letters case, providing as much as I could that I thought was relevant. Then at the end of March I had an interrogation from two people who said I was suspicious … and asked me lots more accusatory questions. I was crushed and had to be taken out of the biocontainment suites for several months.

September 2006 — FBI Report on the USAMRIID Anthrax Samples
This FBI report shows all the samples that tested positive for the morphs that were in the attack anthrax. Three of those samples — highlighted in the document — came from Ivins. The report also notes an additional sample from Ivins that tested negative for the morphs; investigators would later accuse Ivins of having deliberately obscured this sample to hide his involvement in the attacks.

Summer 2007 — Ivins’ E-mails Following His Grand Jury Appearance
As pressure increased throughout the investigation, particularly following his May 2007 appearances before the grand jury, Ivins’ e-mail activity revealed an increasingly distraught man:

“Eventually a trial will come and we’ll be dragged up to the witness chair to testify, and that’s when the other side wil [sic] start dragging us through the dirt. It’s a lawyer’s job to sully the personal and professional reputations of witnesses on the other side. For me it means people finding out that I’m a slob, keep poor records, am lousy at math, and see a psychiatrist. There are things that others would prefer not to be spread around. I’m planning on leaving at the end of September of 2008.” (May 23, 2007)
“Who knows. I’m just so beat. I was at the grand jury for five hours, 3 hours on one day and 2 hours on the next. The questions were so accusatory on so many fronts. … I’m not planning on jumping off a bridge or something, so don’t think I’m going suicidal or something. I honestly don’t know what anybody can do. … I don’t think there’s much anybody can do. I search emails and documents, trying to find things, trying to help, and look at what it gets me. It makes me wish that I had never gone into biomedical research.” (May 24, 2007)
“The grand jury was also very accusatory. I’m fortunately taking a lot of medication for depression, but that’s only helping some. I also have to use a lot of caffeine in the morning, and then alcohol and sleeping pills at night. Do you realize that if anybody gets indicted for even the most remote reason with respect to the anthrax letters — something as simple as not locking up spore preps to restrict them from only people in our lab — they face the death penalty? Playing any part, even a minor part such as providing information about how to make spores, or how to make them in broth, how to harvest and purify that could wind up putting one or more hapless persons on death row. Not pleasant to think about.” (June 10, 2007)
November 2007 — FBI Searches Ivins’ Home
On Nov. 1, agents interview Ivins at work and ask him a series of questions about RMR-1029 and his submissions to the FBI repository.

Towards the end of the interview, agents tell Ivins that a search is underway of his home, vehicles and office space. The agents ask Ivins if he “worried”; he acknowledged he was and after a few minutes said that he does things “a middle age man should not do” and that would “not be acceptable to most people,” including cross-dressing.

“It was the worst day of my life,” Ivins would later e-mail a friend.

January 2008 — Ivins Interviewed by Federal Prosecutors
This is the FBI’s report of Ivins’ first major sit-down interview with federal prosecutors. During the interview, he details his obsession with the Kappa Kappa Gamma sorority, which began in the early 1960s after a KKG member rejected a date with him.

Ivins admits visiting several KKG houses across the south and stealing secret ritual materials from KKG chapters at the University of North Carolina and West Virginia University. He says he committed the burglaries during spring breaks “to ensure nobody would be present in the houses.”
Ivins says his wife had no knowledge of his obsession or his clandestine visits to KKG houses. In her interview with FRONTLINE, prosecutor Rachel Lieber underscored the significance of this admission: “He said to us, effectively, ‘I don’t have an alibi.’”
Ivins also tells investigators that after he learned his colleague Nancy Haigwood was a Kappa, “he set out to learn everything about and befriend her.” He admits to stealing her lab notebook while in graduate school, and to later spray painting “KKG” on the sidewalk near her house and vandalizing her car.
Ivins admits to having several aliases and to maintaining a P.O. box from which he distributed copies of the KKG ritual book using a name prosecutors say was based on the name of Haigwood’s then-husband. He says he had a second P.O. box where he received bondage literature.
February 2008 — Ivins’ Second Interview by Federal Prosecutors
In a second sit-down interview with Ivins, prosecutors follow up on many of the statements he made in his first interview, including his KKG obsession. Ivins describes in detail breaking into the Chapel Hill and West Virginity University sorority houses:

He entered the house at night through a first floor bathroom window which was located behind a shrub. Although there were several lights on inside, he knew nobody was there as those lights were always left on. IVINS, using a small pen light to help him see, went upstairs and looked for anything which was locked and may contain secretive sorority documents or materials. There was a hallway closet which was locked, so IVINS used a coat hanger or some similar object to open the door. Inside the closet he found the “Cipher” and some documents regarding KKG rituals. The Cipher was a document encased in glass, and it referred to a book of ritual which IVINS also looked for but did not find. In an unlocked closet directly across from that which contained the Cipher were some blindfolds made from torn bed sheets. IVINS assumed the blindfolds were used for the KKG initiation, but he did not take them. IVINS left after spending about an hour in the house, taking with him the Cipher and ritual materials.

He also says he took long drives “as a way to relieve stress or as a form of therapy,” but says his wife never knew where he went or questioned him.

During the interview, investigators showed Ivins a diagram he drew early on in the investigation that showed how he prepared very pure anthrax spores. But when shown the diagram, Ivins said he didn’t remember drawing it and was “non-responsive” to questions about how to interpret the drawing.

Investigators would later contrast Ivins’ precise memory of events long past with his inability to explain how his time was spent during late nights in the laboratory. And they would argue that Ivins’ admissions of long drives was significant because it showed a pattern of behavior, and because he undercut an alibi by acknowledging his wife didn’t know when or where he was going.

July 2008 — Fredericksburg Police Report
View the report (PDF)

Threatening to take revenge on his colleagues, Ivins broke down during a group therapy session in July 2008. His therapist, Jean Duley petitioned for Ivins to be involuntarily confined to a mental institution, and police forcibly removed Ivins from the lab the following day. Duley’s notes are included in this police report, released after Ivins’ suicide.

The client appeared angry, hostile, and jumpy. He was asked if there was an issue he wanted to discuss. The client was evasive, pressed he started talking about anger towards investigators, the government, the whole system. He began to detail the anger, asked to focus he described he wasn’t going to face the death penalty. He described his plan, the bullet proof vest, a gun, a list of co-workers, people that had wronged him, etc. He had a tone of anger but a smile on his face. He was very agitated, shaky and pressed I his speech, very delibrate, [sic] thoughtful and certain in manner. He explained that he had been on the streets looking for someone to pick a fight with him so that he could hurt them, showing a sharp pen he could use as a weapon. He stated that he was not going to drink, but when he did it would be the 1st time, he kept asking for sleeping pills, several times he asked. He repeated his plan with the bullet proof vest, gun, list, explaining that a well thought out plan cleaning up etc could be done, he was stopped because others in the group were unnerved by that speech. He was very clear in his thought patterns, is [sic] anger towards certain individuals and his ideas of harming others and himself.

February 2010 — Justice Department Releases Summary of Amerithrax Investigation
View the report (PDF)

The government publicly named Bruce Ivins as the suspect in a hastily arranged press conference days after his August 2008 suicide; the Justice Department’s final summary of the Amerithrax investigation was released 18 months later.

The 92-page report details the government’s case against Ivins, including his access to RMR-1029, his late nights and weekends in the lab, his mental health issues, his suspicious submissions to the FBI anthrax repository, his KKG obsession, his habit of long drives, and the threats made during his July 2008 therapy session. Regarding Ivins’ motive, investigators wrote:

… it is clear that by the summer of 2001, Dr. Ivins was under an extraordinary amount of stress in his professional life. The anthrax vaccine research program that Dr. Ivins had invested essentially his entire career of more than 20 years was in jeopardy of failure. … Under extreme pressure from so many different assaults on his career and life’s work, Dr. Ivins had a motive to commit the crime.”

February 2011 — National Academies of Sciences Questions FBI Scientific Findings
View the report

Under criticism about the FBI’s conclusions in the case, FBI Director Robert Mueller asked an independent panel from the National Academies of Sciences to independently review the investigation’s scientific findings.

“It is not possible to reach a definitive conclusion about the origins of the B. anthracis in the mailings based on the available scientific evidence alone,” the panel concluded in a 191-page report.

And the report particularly called into question the conclusions about RMR-1029: “The scientific link between the letter material and flask number RMR-1029 is not as conclusive as stated in the DOJ Investigative Summary,” though the panel did say that genetic evidence supported “an association” between the attack anthrax and RMR-1029.

In its official response, the FBI maintained that its scientific conclusions were only one part of its case against Ivins:

… while science played a significant role, it was the totality of the investigative process that determined the outcome of the anthrax case. Although there have been great strides in forensic science over the years, rarely does science alone solve an investigation. The scientific findings in this case provided investigators with valuable investigative leads that led to the identification of the late Dr. Bruce Ivins as the perpetrator of the anthrax attacks.

August 2011 — Expert Behavioral Analysis Panel Report
View the report (PDF)

Following Ivins’ suicide, a federal court judge asked a panel of experts to review Ivins’ psychiatric records. The panel’s review of the records found that:

Dr. Ivins was psychologically disposed to undertake the mailings; his behavioral history demonstrated his potential for carrying them out; and he had the motivation and the means. The psychiatric records offer considerable additional circumstantial evidence in support of the DOJ’s finding.

The report details Ivins’ “traumatic, damaging childhood,” his KKG obsession and his “intense emotional attachments” to two of his female lab technicians. It suggests his “lifelong preoccupation” with revenge, “personal validation” and “professional redemption” as possible motives behind the attacks.

Ivins’ “significant and lengthy history of psychological disturbance and diagnosable mental illness” should have precluded him from holding a security clearance, the report concludes.

October 10, 2011, 11:57 pm ET

Find this story at 10 October 2011

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THE CIA CAMPAIGN TO STEAL APPLE’S SECRETS

RESEARCHERS WORKING with the Central Intelligence Agency have conducted a multi-year, sustained effort to break the security of Apple’s iPhones and iPads, according to top-secret documents obtained by The Intercept.

The security researchers presented their latest tactics and achievements at a secret annual gathering, called the “Jamboree,” where attendees discussed strategies for exploiting security flaws in household and commercial electronics. The conferences have spanned nearly a decade, with the first CIA-sponsored meeting taking place a year before the first iPhone was released.

By targeting essential security keys used to encrypt data stored on Apple’s devices, the researchers have sought to thwart the company’s attempts to provide mobile security to hundreds of millions of Apple customers across the globe. Studying both “physical” and “non-invasive” techniques, U.S. government-sponsored research has been aimed at discovering ways to decrypt and ultimately penetrate Apple’s encrypted firmware. This could enable spies to plant malicious code on Apple devices and seek out potential vulnerabilities in other parts of the iPhone and iPad currently masked by encryption.

The CIA declined to comment for this story.

The security researchers also claimed they had created a modified version of Apple’s proprietary software development tool, Xcode, which could sneak surveillance backdoors into any apps or programs created using the tool. Xcode, which is distributed by Apple to hundreds of thousands of developers, is used to create apps that are sold through Apple’s App Store.

The modified version of Xcode, the researchers claimed, could enable spies to steal passwords and grab messages on infected devices. Researchers also claimed the modified Xcode could “force all iOS applications to send embedded data to a listening post.” It remains unclear how intelligence agencies would get developers to use the poisoned version of Xcode.

Researchers also claimed they had successfully modified the OS X updater, a program used to deliver updates to laptop and desktop computers, to install a “keylogger.”

Other presentations at the CIA conference have focused on the products of Apple’s competitors, including Microsoft’s BitLocker encryption system, which is used widely on laptop and desktop computers running premium editions of Windows.

The revelations that the CIA has waged a secret campaign to defeat the security mechanisms built into Apple’s devices come as Apple and other tech giants are loudly resisting pressure from senior U.S. and U.K. government officials to weaken the security of their products. Law enforcement agencies want the companies to maintain the government’s ability to bypass security tools built into wireless devices. Perhaps more than any other corporate leader, Apple’s CEO, Tim Cook, has taken a stand for privacy as a core value, while sharply criticizing the actions of U.S. law enforcement and intelligence agencies.

“If U.S. products are OK to target, that’s news to me,” says Matthew Green, a cryptography expert at Johns Hopkins University’s Information Security Institute. “Tearing apart the products of U.S. manufacturers and potentially putting backdoors in software distributed by unknowing developers all seems to be going a bit beyond ‘targeting bad guys.’ It may be a means to an end, but it’s a hell of a means.”

Apple declined to comment for this story, instead pointing to previous comments Cook and the company have made defending Apple’s privacy record.

lockheed
Lockheed Martin Dulles Executive Plaza, Herndon, Virginia.
SECURITY RESEARCHERS from Sandia National Laboratories presented their Apple-focused research at a secret annual CIA conference called the Trusted Computing Base Jamboree. The Apple research and the existence of the conference are detailed in documents provided to The Intercept by National Security Agency whistleblower Edward Snowden.

The conference was sponsored by the CIA’s Information Operations Center, which conducts covert cyberattacks. The aim of the gathering, according to a 2012 internal NSA wiki, was to host “presentations that provide important information to developers trying to circumvent or exploit new security capabilities,” as well as to “exploit new avenues of attack.” NSA personnel also participated in the conference through the NSA’s counterpart to the CIA’s Trusted Computing Base, according to the document. The NSA did not provide comment for this story.

The Jamboree was held at a Lockheed Martin facility inside an executive office park in northern Virginia. Lockheed is one of the largest defense contractors in the world; its tentacles stretch into every aspect of U.S. national security and intelligence. The company is akin to a privatized wing of the U.S. national security state — more than 80 percent of its total revenue comes from the U.S. government. Via a subsidiary, Lockheed also operates Sandia Labs, which is funded by the U.S. government. The lab’s researchers have presented Apple findings at the CIA conference.

“Lockheed Martin’s role in these activities should not be surprising given its leading role in the national surveillance state,” says William Hartung, director of the Arms and Security Project at the Center for International Policy and author of Prophets of War, a book that chronicles Lockheed’s history. “It is the largest private intelligence contractor in the world, and it has worked on past surveillance programs for the Pentagon, the CIA and the NSA. If you’re looking for a candidate for Big Brother, Lockheed Martin fits the bill.”

The Apple research is consistent with a much broader secret U.S. government program to analyze “secure communications products, both foreign and domestic” in order to “develop exploitation capabilities against the authentication and encryption schemes,” according to the 2013 Congressional Budget Justification. Known widely as the “Black Budget,” the top-secret CBJ was provided to The Intercept by Snowden and gives a sprawling overview of the U.S. intelligence community’s spending and architecture. The White House did not respond to a request for comment.

As of 2013, according to the classified budget, U.S. intelligence agencies were creating new capabilities against dozens of commercially produced security products, including those made by American companies, to seek out vulnerabilities.

Last week, CIA Director John Brennan announced a major reorganization at the agency aimed, in large part, at expanding U.S. cyber-operations. The Information Operations Center, which organized the Jamboree conferences, will be folded into a new Directorate of Digital Innovation. Notwithstanding its innocuous name, a major priority of the directorate will be offensive cyberattacks, sabotage and digital espionage. Brennan said the CIA reorganization will be modeled after the agency’s Counterterrorism Center, which runs the U.S. targeted killing and drone program.

THE DOCUMENTS do not address how successful the targeting of Apple’s encryption mechanisms have been, nor do they provide any detail about the specific use of such exploits by U.S. intelligence. But they do shed light on an ongoing campaign aimed at defeating the tech giant’s efforts to secure its products, and in turn, its customers’ private data.

“Spies gonna spy,” says Steven Bellovin, a former chief technologist for the U.S. Federal Trade Commission and current professor at Columbia University. “I’m never surprised by what intelligence agencies do to get information. They’re going to go where the info is, and as it moves, they’ll adjust their tactics. Their attitude is basically amoral: whatever works is OK.”

Bellovin says he generally supports efforts by U.S. intelligence to “hack” devices — including Apple’s — used by terrorists and criminals, but expressed concern that such capabilities could be abused. “There are bad people out there, and it’s reasonable to seek information on them,” he says, cautioning that “inappropriate use — mass surveillance, targeting Americans without a warrant, probably spying on allies — is another matter entirely.”

In the top-secret documents, ranging from 2010 through 2012, the researchers appear particularly intent on extracting encryption keys that prevent unauthorized access to data stored — and firmware run — on Apple products.

“The Intelligence Community (IC) is highly dependent on a very small number of security flaws, many of which are public, which Apple eventually patches,” the researchers noted in an abstract of their 2011 presentation at the Jamboree. But, they promised, their presentation could provide the intelligence community with a “method to noninvasively extract” encryption keys used on Apple devices. Another presentation focused on physically extracting the key from Apple’s hardware.

A year later, at the 2012 Jamboree, researchers described their attacks on the software used by developers to create applications for Apple’s popular App Store. In a talk called “Strawhorse: Attacking the MacOS and iOS Software Development Kit,” a presenter from Sandia Labs described a successful “whacking” of Apple’s Xcode — the software used to create apps for iPhones, iPads and Mac computers. Developers who create Apple-approved and distributed apps overwhelmingly use Xcode, a free piece of software easily downloaded from the App Store.

The researchers boasted that they had discovered a way to manipulate Xcode so that it could serve as a conduit for infecting and extracting private data from devices on which users had installed apps that were built with the poisoned Xcode. In other words, by manipulating Xcode, the spies could compromise the devices and private data of anyone with apps made by a poisoned developer — potentially millions of people. “Trying to plant stuff in Xcode has fascinating implications,” says Bellovin.

The researchers listed a variety of actions their “whacked” Xcode could perform, including:

— “Entice” all Mac applications to create a “remote backdoor” allowing undetected access to an Apple computer.

— Secretly embed an app developer’s private key into all iOS applications. (This could potentially allow spies to impersonate the targeted developer.)

— “Force all iOS applications” to send data from an iPhone or iPad back to a U.S. intelligence “listening post.”

— Disable core security features on Apple devices.

THE INTELLIGENCE COMMUNITY IS HIGHLY DEPENDENT ON A VERY SMALL NUMBER OF SECURITY FLAWS, MANY OF WHICH ARE PUBLIC, WHICH APPLE EVENTUALLY PATCHES.
For years, U.S. and British intelligence agencies have consistently sought to defeat the layers of encryption and other security features used by Apple to protect the iPhone. A joint task force comprised of operatives from the NSA and Britain’s Government Communications Headquarters, formed in 2010, developed surveillance software targeting iPhones, Android devices and Nokia’s Symbian phones. The Mobile Handset Exploitation Team successfully implanted malware on iPhones as part of WARRIOR PRIDE, a GCHQ framework for secretly accessing private communications on mobile devices.

That program was disclosed in Snowden documents reported on last year by The Guardian. A WARRIOR PRIDE plugin called NOSEY SMURF allowed spies to remotely and secretly activate a phone’s microphone. Another plugin, DREAMY SMURF, allowed intelligence agents to manage the power system on a phone and thus avoid detection. PARANOID SMURF was designed to conceal the malware in other ways. TRACKER SMURF allowed ultra-precise geolocating of an individual phone. “[If] its [sic] on the phone, we can get it,” the spies boasted in a secret GCHQ document describing the targeting of the iPhone.

All of the SMURF malware — including the plugin that secretly turns on the iPhone’s microphone — would first require that agencies bypass the security controls built into the iOS operating system. Spies would either need to hack the phone in order to plant their malware on it, or sneak a backdoor into an app the user installed voluntarily. That was one of the clear aims of the Apple-focused research presented at the CIA’s conference.

“The U.S. government is prioritizing its own offensive surveillance needs over the cybersecurity of the millions of Americans who use Apple products,” says Christopher Soghoian, the principal technologist at the American Civil Liberties Union. “If U.S. government-funded researchers can discover these flaws, it is quite likely that Chinese, Russian and Israeli researchers can discover them, too. By quietly exploiting these flaws rather than notifying Apple, the U.S. government leaves Apple’s customers vulnerable to other sophisticated governments.”

Security experts interviewed by The Intercept point out that the SMURF capabilities were already available to U.S. and British intelligence agencies five years ago. That raises the question of how advanced the current capacity to surveil smartphone users is, especially in light of the extensive resources poured into targeting the products of major tech companies. One GCHQ slide from 2010 stated that the agency’s ultimate goal was to be able to “Exploit any phone, anywhere, any time.”

jobs_stage
Steve Jobs unveiling the first iPhone on January 9, 2007.
THE FIRST JAMBOREE took place in 2006, just as Apple was preparing to unveil its highly-anticipated iPhone. In March 2010, according to a top-secret document, during a talk called “Rocoto: Implanting the iPhone,” a presenter discussed efforts to target the iPhone 3G. In addition to analyzing the device’s software for potential vulnerabilities, the presentation examined “jailbreak methods,” used within the iPhone community to free phones from their built-in constraints, that could be leveraged by intelligence agencies. “We will conclude with a look ahead at future challenges presented by the iPhone 3GS and the upcoming iPad,” the abstract noted. Over the years, as Apple updates its hardware, software and encryption methods, the CIA and its researchers study ways to break and exploit them.

The attempts to target vulnerabilities in Apple’s products have not occurred in a vacuum. Rather, they are part of a vast multi-agency U.S./U.K. effort to attack commercial encryption and security systems used on billions of devices around the world. U.S. intelligence agencies are not just focusing on individual terrorists or criminals — they are targeting the large corporations, such as Apple, that produce popular mobile devices.

“Every other manufacturer looks to Apple. If the CIA can undermine Apple’s systems, it’s likely they’ll be able to deploy the same capabilities against everyone else,” says Green, the Johns Hopkins cryptographer. “Apple led the way with secure coprocessors in phones, with fingerprint sensors, with encrypted messages. If you can attack Apple, then you can probably attack anyone.”

According to the Black Budget, U.S. intelligence agencies have tech companies dead in their sights with the aim of breaking or circumventing any existing or emerging encryption or antiviral products, noting the threat posed by “increasingly strong commercial” encryption and “adversarial cryptography.”

The Analysis of Target Systems Project produced “prototype capabilities” for the intelligence community, enabled “the defeat of strong commercial data security systems” and developed ways “to exploit emerging information systems and technologies,” according to the classified budget. The project received $35 million in funding in 2012 and had more than 200 personnel assigned to it. By the end of 2013, according to the budget, the project would “develop new capabilities against 50 commercial information security device products to exploit emerging technologies,” as well as new methods that would allow spies to recover user and device passwords on new products.

Among the project’s missions:

— Analyze “secure communications products, both foreign and domestic produced” to “develop exploitation capabilities against the authentication and encryption schemes.”

— “[D]evelop exploitation capabilities against network communications protocols and commercial network security products.”

— “Anticipate future encryption technologies” and “prepare strategies to exploit those technologies.”

— “Develop, enhance, and implement software attacks against encrypted signals.”

— “Develop exploitation capabilities against specific key management and authentication schemes.”

— “[D]evelop exploitation capabilities against emerging multimedia applications.”

— Provide tools for “exploiting” devices used to “store, manage, protect, or communicate data.”

— “Develop methods to discover and exploit communication systems employing public key cryptography” and “communications protected by passwords or pass phrases.”

— Exploit public key cryptography.

— Exploit Virtual Private Networks, or VPNs, which allow people to browse the Internet with increased security and anonymity.

The black budget also noted that the U.S. intelligence community partners with “National Laboratories” to conduct the type of research presented at the CIA’s annual Jamboree conference. It confirms the U.S. government’s aggressive efforts to steal encryption and authentication keys, as occurred in the NSA and GCHQ operations against Gemalto, the world’s largest manufacturer of SIM cards, through the use of Computer Network Exploitation attacks. In that case, spy agencies penetrated Gemalto’s internal networks and cyberstalked its employees to steal mass quantities of keys used to encrypt mobile phone communications.

The CIA’s Information Operations Center is currently the second largest of the spy agency’s specialized centers. It not only conducts cyber-ops, but has operated covertly in other nations, working to develop assets from targeted countries to assist in its cyber-surveillance programs, according to the Black Budget. At times, its personnel brief the president.

obama_ipad
U.S. President Barack Obama holds up an iPad.
AT THE CIA’s Jamboree in 2011, the computer researchers conducted workshops where they revealed the specifics of their efforts to attack one of the key privacy elements of Apple’s mobile devices. These machines have two separate keys integrated into the silicon of their Apple-designed processors at the point of manufacture. The two, paired together, are used to encrypt data and software stored on iPhones and iPads. One, the User ID, is unique to an individual’s phone, and is not retained by Apple. That key is vital to protecting an individual’s data and — particularly on Apple’s latest devices — difficult to steal. A second key, the Group ID, is known to Apple and is the same across multiple Apple devices that use the same processor. The GID is used to encrypt essential system software that runs on Apple’s mobile devices.

The focus of the security researchers, as described at the CIA conferences, was to target the GID key, which Apple implants on all devices that use the same processors. For instance, Apple’s A4 processor was used in the iPhone 4, the iPod Touch and the original iPad. All of those devices used the same GID. As Apple designs new processors and faster devices that use those processors, the company creates new GIDs. If someone has the same iPhone as her neighbor, they have the exact same GID key on their devices. So, if intelligence agencies extract the GID key, it means they have information useful to compromising any device containing that key.

At the 2011 Jamboree conference, there were two separate presentations on hacking the GID key on Apple’s processors. One was focused on non-invasively obtaining it by studying the electromagnetic emissions of — and the amount of power used by — the iPhone’s processor while encryption is being performed. Careful analysis of that information could be used to extract the encryption key. Such a tactic is known as a “side channel” attack. The second focused on a “method to physically extract the GID key.”

Whatever method the CIA and its partners use, by extracting the GID — which is implanted on the processors of all Apple mobile devices — the CIA and its allies could be able to decrypt the firmware that runs on the iPhone and other mobile devices. This would allow them to seek out other security vulnerabilities to exploit. Taken together, the documents make clear that researching each new Apple processor and mobile device, and studying them for potential security flaws, is a priority for the CIA.

According to the 2011 document describing the Jamboree presentations on Apple’s processor, the researchers asserted that extracting the GID key could also allow them to look for other potential gateways into Apple devices. “If successful, it would enable decryption and analysis of the boot firmware for vulnerabilities, and development of associated exploits across the entire A4-based product-line, which includes the iPhone 4, the iPod touch and the iPad.”

At the CIA conference in 2012, Sandia researchers delivered a presentation on Apple’s A5 processor. The A5 is used in the iPhone 4s and iPad 2. But this time, it contained no abstract or other details, instructing those interested to contact a CIA official on his secure phone or email.

“If I were Tim Cook, I’d be furious,” says the ACLU’s Soghoian. “If Apple is mad at the intelligence community, and they should be, they should put their lawyers to work. Lawsuits speak louder than words.”

tim_cook
Apple CEO Tim Cook testifies on Capitol Hill in Washington, May 21, 2013.
FOR YEARS, Apple has included encryption features in the products it sells to consumers. In 2014, the company dramatically broadened the types of data stored on iPhones that are encrypted, and it incorporated encryption by default into its desktop and laptop operating system. This resulted in criticism from leading law enforcement officials, including the FBI director. The encryption technology that Apple has built into its products — along with many other security features — is a virtual wall that separates cybercriminals and foreign governments from customer data. But now, because Apple claims it can no longer extract customer data stored on iPhones, because it is encrypted with a key the company does not know, the U.S. government can be locked out too — even with a search warrant. The FBI director and other U.S. officials have referred to the advent of the encryption era — where previously accessible data and communications may now be off limits because of the security technology protecting them — as “going dark.”

In the face of this rising challenge to its surveillance capabilities, U.S. intelligence has spent considerable time and resources trying to find security vulnerabilities in Apple’s encryption technology, and, more broadly, in its products, which can be leveraged to install surveillance software on iPhones and Macbooks. “The exploitation of security flaws is a high-priority area for the U.S. intelligence community, and such methods have only become more important as U.S. technology companies have built strong encryption into their products,” says the ACLU’s Soghoian.

Microsoft has, for nearly a decade, included BitLocker, an encryption technology that protects data stored on a computer, in its Windows operating system. Unlike Apple, which made encryption available to all customers, Microsoft had included this feature only in its more expensive premium and professional versions of Windows, up until a few years ago. BitLocker is designed to work with a Trusted Platform Module, a special security chip included in some computers, which stores the encryption keys and also protects against unauthorized software modification.

Also presented at the Jamboree were successes in the targeting of Microsoft’s disk encryption technology, and the TPM chips that are used to store its encryption keys. Researchers at the CIA conference in 2010 boasted about the ability to extract the encryption keys used by BitLocker and thus decrypt private data stored on the computer. Because the TPM chip is used to protect the system from untrusted software, attacking it could allow the covert installation of malware onto the computer, which could be used to access otherwise encrypted communications and files of consumers. Microsoft declined to comment for this story.

In the wake of the initial Snowden disclosures, Apple CEO Tim Cook has specifically denounced the U.S. government’s efforts to compel companies to provide backdoor access to their users’ data.

“I want to be absolutely clear that we have never worked with any government agency from any country to create a backdoor in any of our products or services. We have also never allowed access to our servers. And we never will,” Cook said last September in announcing Apple’s new privacy policy. More recently, Cook said, “None of us should accept that the government or a company or anybody should have access to all of our private information. This is a basic human right. We all have a right to privacy. We shouldn’t give it up. We shouldn’t give in to scare-mongering.”

As corporations increasingly integrate default encryption methods and companies like Apple incorporate their own indigenous encryption technologies into easy-to-use text, voice and video communication platforms, the U.S. and British governments are panicking. “Encryption threatens to lead all of us to a very dark place,” declared FBI Director James Comey in an October 2014 lecture at the Brookings Institution. Citing the recent moves by Apple to strengthen default encryption on its operating systems, and commitments by Google to incorporate such tools, Comey said, “This means the companies themselves won’t be able to unlock phones, laptops, and tablets to reveal photos, documents, e-mail, and recordings stored within.”

Under current U.S. regulations, law enforcement agencies can get a court order to access communications channeled through major tech companies and wireless providers. But if those communications are encrypted through a process not accessible by any involved company, the data is essentially meaningless, garbled gibberish. “In a world in which data is encrypted, and the providers don’t have the keys, suddenly, there is no one to go to when they have a warrant,” says Soghoian. “That is, even if they get a court order, it doesn’t help them. That is what is freaking them out.”

Comey alleged that “even a supercomputer would have difficulty with today’s high-level encryption,” meaning a “brute force” attempt to decrypt intercepted communications would be ineffective, and, even if successful, time-consuming.

“Encryption isn’t just a technical feature; it’s a marketing pitch,” Comey added. “But it will have very serious consequences for law enforcement and national security agencies at all levels. Sophisticated criminals will come to count on these means of evading detection. It’s the equivalent of a closet that can’t be opened. A safe that can’t be cracked.”

A few months after Comey’s remarks, Robert Litt, the general counsel for the Office of the Director of National Intelligence, also appeared at Brookings. “One of the many ways in which Snowden’s leaks have damaged our national security is by driving a wedge between the government and providers and technology companies, so that some companies that formerly recognized that protecting our nation was a valuable and important public service now feel compelled to stand in opposition,” Litt said. He appealed to corporations to embrace “a solution that does not compromise the integrity of encryption technology but that enables both encryption to protect privacy and decryption under lawful authority to protect national security.”

Green, the Johns Hopkins professor, argues that U.S. government attacks against the products of American companies will not just threaten privacy, but will ultimately harm the U.S. economy. “U.S. tech companies have already suffered overseas due to foreign concerns about our products’ security,” he says. “The last thing any of us need is for the U.S. government to actively undermine our own technology industry.”

The U.S. government is certainly not alone in the war against secure communications. British Prime Minister David Cameron has suggested that if he is re-elected, he may seek to ban encrypted chat programs that do not provide backdoor access to law enforcement. “Are we going to allow a means of communications which it simply isn’t possible to read?” Cameron said in a speech in England earlier this year. “My answer to that question is: ‘No, we must not.’”

When the Chinese government recently tried to force tech companies to install a backdoor in their products for use by Chinese intelligence agencies, the U.S. government denounced China. “This is something that I’ve raised directly with President Xi,” President Obama said in early March. “We have made it very clear to them that this is something they are going to have to change if they are to do business with the United States.” But China was actually following the U.S. government’s lead. The FBI has called for an expansion of U.S. law, which would require Apple and its competitors to design their products so that all communications could be made available to government agencies. NSA officials have expressed similar sentiments.

“Obama’s comments were dripping with hypocrisy,” says Trevor Timm, executive director of the Freedom of the Press Foundation. “Don’t get me wrong, his actual criticism of China for attempting to force tech companies to install backdoors was spot on — now if only he would apply what he said to his own government. Since he now knows backdooring encryption is a terrible policy that will damage cybersecurity, privacy, and the economy, why won’t he order the FBI and NSA to stop pushing for it as well?”

———

Documents published with this article:

TCB Jamboree 2012 Invitation
Strawhorse: Attacking the MacOS and iOS Software Development Kit
TPM Vulnerabilities to Power Analysis and An Exposed Exploit to Bitlocker
TCB Jamboree 2012
Apple A4/A5 Application Processors Analysis
Differential Power Analysis on the Apple A4 Processor
Secure Key Extraction by Physical De-Processing of Apple’s A4 Processor
Rocoto: Implanting the iPhone
Smurf Capability – iPhone
Black Budget: Cryptanalysis & Exploitation Services – Analysis of Target Systems
———

Andrew Fishman, Alleen Brown, Andrea Jones, Ryan Gallagher, Morgan Marquis-Boire, and Micah Lee contributed to this story.

Note: An earlier draft of this story incorrectly suggested that the iOS Group ID is used to sign software. An earlier draft also incorrectly stated that Lockheed Martin owns Sandia National Laboratories. Sandia Corporation, a wholly owned subsidiary of Lockheed Martin, operates Sandia National Laboratories as a contractor for the U.S. Department of Energy’s National Nuclear Security Administration.

Disclosure: Freedom of the Press Foundation, which Trevor Timm represents, has received grant funding from First Look Media, The Intercept’s parent company. Intercept co-founders Glenn Greenwald and Laura Poitras are on the board of the organization.

Photo: Google Maps; Simon Dawson/Bloomberg/Getty Images; Tony Avelar/Getty Images; Kevin Lamarque/Reuters/Landov; J. Scott Applewhite/AP

Email the authors: jeremy.scahill@theintercept.com, josh.begley@theintercept.com

BY JEREMY SCAHILL AND JOSH BEGLEY @jeremyscahill@joshbegley 10 MAR 2015

Find this story at 10 March 2015

Copyright firstlook.org

The Intercept, Mass Surveillance and the State

Like a proud father CIA director John Brennan has announced that he’s creating a new directorate to conduct cyberespionage. Never mind all those classified documents published recently by the Intercept which prove that the CIA has been active in the cyber domain for years. While it goes without saying that the CIA’s subversion campaign is unsettling what’s equally thought-provoking is the manner in which the Intercept frames the involvement of the private sector.

Every year the CIA showcases its latest batch of subversion tools, taking them for a victory lap at a secret conference which internal documents refer to glibly as a “Jamboree.” In 2012 the Jamboree was hosted by Lockheed Martin at a campus in northern Virginia. Journalists at the Intercept describe Lockheed as follows:

“Lockheed is one of the largest defense contractors in the world; its tentacles stretch into every aspect of U.S. national security and intelligence. The company is akin to a privatized wing of the U.S. national security state — more than 80 percent of its total revenue comes from the U.S. government.”

Note how this description subtly creates the impression that the ultimate culprit with regard to mass surveillance is the government. Lockheed is merely a “wing” of an overarching “national security state”. All roads lead to U.S. intelligence, it’s all about the state.

Yet close examination of the history of the CIA yields a different picture. Contractors like Lockheed Martin aren’t a subordinate extension of the national security state. Quite the opposite. It’s probably more accurate to conclude that intelligence agencies, like the NSA, represent a public sector appendage of a much larger corporate power structure whose nexus resides in profound sources of wealth and influence outside of the government. A Deep State, if you will, that’s fundamentally driving what goes on in Washington.

In the absence of mass public outcry private capital sets the rules. It’s been this way since Ferdinand Lundberg wrote America’s Sixty Families back in 1937. Or perhaps Mr. Scahill hasn’t glimpsed politicians on both sides of the aisle trotting out in front of billionaires to audition for public office?

Hence there is a recurring theme in L’affaire Snowden that arises from the Intercept’s coverage of mass surveillance. Focus is maintained almost exclusively on the government without acknowledging the central role that corporations play. According to the Intercept’s worldview hi-tech companies are but helpless pawns being coerced and assailed by runaway security services rather than willing symbiotic accomplices that directly benefit from the global panopticon.

Honestly, doesn’t Ed Snowden have more information on Booz Allen?

When a doctor is faced with a serious medical condition the diagnosis typically informs the subsequent course of treatment. So it is with mass surveillance. Only in the case of mass surveillance the diagnosis is being shaped by certain actors to fit a preconceived solution. The agenda of the far right is clear. Nothing short of corporate feudalism. Libertarian political operator Grover Norquist boldly spelled it out: “I don’t want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub.”

A messaging scheme which depicts the government as the chief villain is a godsend for people who are itching for reasons to demolish the state. Techno libertarians rejoice and present the public with their version of salvation. “Crypto everywhere” roar CEOs across Silicon Valley. How predictably shallow and self-serving. Their counter-surveillance talking points provide them with something new to sell us. It also absolves them of responsibility while redirecting the public’s attention away from more far-reaching systemic measures.

In light of this it’s hard not to notice the various twists of fate in L’affaire Snowden. Classified documents gradually trickled into the public record thanks to a whistle-blower who donated money to Ron Paul and exhibited some decidedly right-wing inclinations online. A copy of the classified documents were provided to a journalist who wrote a policy whitepaper for the CATO Institute (formerly known as the Charles Koch Foundation). Then out of the woodwork appears a kindly libertarian billionaire who dazzles the said journalist with fame and fortune, “a dream opportunity that was impossible to decline.”

The product of coincidence? To an extent. But what’s undeniable is that a member of the financial elite, a man who has clocked over a dozen visits to the Obama White House, deliberately leveraged his assets to inject himself into the unfolding course of events. Once more the narrative about mass surveillance that his news organization conveys tends to cast corporations as champions against mass surveillance while omitting to acknowledge how they stand to benefit from the global panopticon. It appears that elements within the ruling class would have us believe that the Deep State will solve the very problem that it intentionally created.

Bill Blunden is an independent investigator whose current areas of inquiry include information security, anti-forensics, and institutional analysis. He is the author of several books, including The Rootkit Arsenal , and Behold a Pale Farce: Cyberwar, Threat Inflation, and the Malware-Industrial Complex. Bill is the lead investigator at Below Gotham Labs.

by BILL BLUNDEN
WEEKEND EDITION MARCH 13-15, 2015

Find this story at March 2015

Copyright © CounterPunch

CIA Aided Program to Spy on U.S. Cellphones

WASHINGTON—The Central Intelligence Agency played a crucial role in helping the Justice Department develop technology that scans data from thousands of U.S. cellphones at a time, part of a secret high-tech alliance between the spy agency and domestic law enforcement, according to people familiar with the work.

The CIA and the U.S. Marshals Service, an agency of the Justice Department, developed technology to locate specific cellphones in the U.S. through an airborne device that mimics a cellphone tower, these people said.

Today, the Justice Department program, whose existence wasreported by The Wall Street Journal last year, is used to hunt criminal suspects. The same technology is used to track terror suspects and intelligence targets overseas, the people said.

The program operates specially equipped planes that fly from five U.S. cities, with a flying range covering most of the U.S. population. Planes are equipped with devices—some past versions were dubbed “dirtboxes” by law-enforcement officials—that trick cellphones into reporting their unique registration information.
The surveillance system briefly identifies large numbers of cellphones belonging to citizens unrelated to the search. The practice can also briefly interfere with the ability to make calls, these people said.

Some law-enforcement officials are concerned the aerial surveillance of cellphone signals inappropriately mixes traditional police work with the tactics and technology of overseas spy work that is constrained by fewer rules. Civil-liberties groups say the technique amounts to a digital dragnet of innocent Americans’ phones.

….

The cooperation between technical experts at the CIA and the Marshals Service, which law-enforcement officials have described as a “marriage,” represents one way criminal investigators are increasingly relying on U.S. intelligence agencies for operational support and technical assistance in the wake of the Sept. 11, 2001, attacks. Many Justice Department officials view the joint effort with the CIA as having made valuable contributions to both domestic and overseas operations.

A CIA spokesman declined to comment on whether the CIA or any other agency uses the devices. Some technologies developed by the agency “have been lawfully and responsibly shared with other U.S. government agencies,” the spokesman said. “How those agencies use that technology is determined by the legal authorities that govern the operations of those individual organizations—not CIA.” He also said the relationship between the Marshals Service and CIA tech experts couldn’t be characterized as a marriage.

…

A Justice Department spokesman said Marshals Service techniques are “carried out consistent with federal law, and are subject to court approval.” The agency doesn’t conduct “domestic surveillance, intelligence gathering, or any type of bulk data collection,” the spokesman said, adding that it doesn’t gather any intelligence on behalf of U.S. spy agencies.

…

By DEVLIN BARRETT
Updated March 10, 2015 7:39 p.m. ET

Find this story at 10 March 2015
Copyright wsj.com

CIA looks to expand its cyber espionage capabilities

CIA Director John Brennan is planning a major expansion of the agency’s cyber-espionage capabilities as part of a broad restructuring of an intelligence service long defined by its human spy work, current and former U.S. officials said.

The proposed shift reflects a determination that the CIA’s approach to conventional espionage is increasingly outmoded amid the exploding use of smartphones, social media and other technologies.

U.S. officials said Brennan’s plans call for increased use of cyber capabilities in almost every category of operations — whether identifying foreign officials to recruit as CIA informants, confirming the identities of targets of drone strikes or penetrating Internet-savvy adversaries such as the Islamic State.

Several officials said Brennan’s team has even considered creating a new cyber-directorate — a step that would put the agency’s technology experts on equal footing with the operations and analysis branches, which have been pillars of the CIA’s organizational structure for decades.

U.S. officials emphasized that the plans would not involve new legal authorities and that Brennan may stop short of creating a new directorate. But the suggestion underscores the scope of his ambitions, as well as their potential to raise privacy concerns or lead to turf skirmishes with the National Security Agency, the dominant player in electronic espionage.

“Brennan is trying to update the agency to make sure it is prepared to tackle the challenges in front of it,” said a U.S. official familiar with the reorganization plan. “I just don’t think you can separate the digital world people operate in from the human intelligence” mission that is the CIA’s traditional domain.

Like others, the official spoke on the condition of anonymity to discuss internal decision-making.

The expanded emphasis on cyber is part of a broader restructuring envisioned by Brennan that is expected to break down long-standing boundaries between the CIA’s operations and analysis directorates, creating hybrid “centers” that combine those and other disciplines.

Brennan is expected to begin implementing aspects of his plan this month, officials said. He recently met with senior members of the House and Senate Intelligence Committees to outline the proposed changes.

CIA spokesman Dean Boyd declined to comment, saying that “final decisions have not yet been made with respect to agency reorganization efforts.” In a notice to the CIA workforce last year, Brennan said that he had become “increasingly convinced that the time has come to take a fresh look at how we are organized.”

The changes are designed to replicate the model of the CIA’s Counterterrorism Center, which has surged in size and influence since the Sept. 11, 2001, attacks. The restructuring could lead to new reporting lines for thousands of CIA employees, as long-standing units such the Latin America and Near East divisions give way to new centers that combine analysis, collection and covert operations.

The National Clandestine Service and the Directorate of Intelligence — the formal names for the operations and analysis branches — would continue to exist, but would focus more on developing talent and resources that could be distributed to the new centers.

“It would be a huge deal,” said Michael Allen, a former White House and congressional aide who wrote a 2013 book about intelligence reform. Unlike at the FBI and other security agencies, Allen said, “there hasn’t been wholesale structural reform in the CIA post-9/11.”

Former officials who are familiar with the plan said it has caused generational friction within the CIA’s ranks, with longtime officers resisting changes that younger employees are more eager to embrace.

The head of the clandestine service recently resigned, in part over objections to the scope of Brennan’s plan, officials said. Brennan quickly replaced him with a longtime officer who had led an internal review panel that broadly endorsed the director’s reform agenda.

Although limited compared with the larger NSA, the CIA has substantial cyber capabilities. Its Information Operations Center, which handles assignments such as extracting information from stolen laptops and planting surveillance devices, is now second only to the Counterterrorism Center in size, former officials said.

The CIA also oversees the Open Source Center, an intelligence unit created in 2005 to scour publicly available data, including Twitter feeds, Facebook postings and Web forums where al-Qaeda and other terrorist groups post material.

Brennan hopes to make the use of such capabilities more pervasive, U.S. officials said, ensuring that expertise and tools that now reside in the Information Operations Center are distributed across the agency.

The move comes at a time when the CIA has struggled to gain traction against adversaries — including the Islamic State and the Jabhat al-Nusra terrorist group — that recruit and communicate extensively online but operate in combat zones that CIA officers are generally not able to enter.

But officials said digital changes have transformed even the most conventional cloak-and-dagger scenarios. Secrets that were once obtained by recruiting a source or meeting in a safe house increasingly reside in clouds of digital transmissions that surround espionage targets.

To recruit a Russian spy, “you may need to manipulate someone’s e-mail, read someone’s e-mail and track the whereabouts of the FSB,” a former official said, referring to the Russian security service. “Cyber is now part of every mission. It’s not a specialized, boutique thing.”

Beyond elevating the role of the Information Operations Center, U.S. officials said, Brennan is seeking to ensure that the agency is not lagging in other areas, such as counterintelligence work and the CIA’s internal e-mail system.

Brennan provided only broad outlines of his plan in recent congressional meetings, which excluded all but the four highest-ranking members of the House and Senate intelligence panels. A senior U.S. intelligence official said some senior NSA executives remain in the dark on Brennan’s cyber ambitions.

In recent years, the CIA has collaborated extensively with the NSA on a range of covert programs, including its drone campaign against al-Qaeda. Documents released by former NSA contractor Edward Snowden showed that e-mails and cellphone signals intercepted by the NSA were used to confirm the identities of targets in strikes.

But the CIA also has fought budget and bureaucratic battles to maintain its standalone capability, prompting some to view the latest push as an attempt to capi­tal­ize on Washington’s growing alarm over cyberthreats — and the corresponding shifts in federal budgets.

Former CIA officials said that the agency is mainly concerned about having direct control over the cyber components of its operations and that Brennan’s plans would not encroach on the global surveillance programs run by the NSA. Nor would they interfere with the work of a new agency the Obama administration is creating to fuse intelligence on cyberattacks.

Brennan’s push to expand the CIA’s cyber capabilities is “entirely appropriate, even overdue,” said Stephen Slick, a former CIA official who directs the Intelligence Studies Project at the University of Texas at Austin. “Advances in digital technology are having a revolutionary impact on the intelligence business, and it’s important for CIA to adapt its collection and covert action missions to account for the new opportunities and dangers.”

Ellen Nakashima and Julie Tate contributed to this report.

By Greg Miller February 23

Find this story at 23 February 2015

Copyright washingtonpost.com

Selected extracts of “top” NSA intercepts of French leadership and chief officials, taken from various editions of the National Security Agency’s Top Secret Global SIGINT Highlights executive briefings.

EU and French diplomats who strongly criticize U.S. trade policies and call TPP treaty a confrontation against China.
High-ranking French official complaining about President Sarkozy’s inflammatory and inaccurate statements on WTO that no-one in government backs
French ministerial agenda for planned G7 and G20 meeting intercepted
French economy in dire straits according to intercepted communications between French Finance Minister and French Senator
Spying on French Ambassador who contemplated exposing U.S. misuse of UN Oil-for-food program in Iraq
NSA Eavesdrops as Hollande Tries End Run Around Merkel on Greek Eurozone Exit
US Intercepts of France Complaining About US Intercepts of France
US Spying On Chirac Discussing UN Appointments
US Spying on Sarkozy Talking Tough on Israel-Palestine
US Eavesdrops as Sarkozy Plots French Leadership on Financial Crisis
EU and French diplomats who strongly criticize U.S. trade policies and call TPP treaty a confrontation against China.

Date 2 August 2011
Classification TOP SECRET//COMINT//ORCON/NOFORN
WikiLeaks Synopsis
Intercepted communication between French Minister-Counselor for Economic and Financial Affiars Jean-Francois Boittin and EU Trade Section head Hiddo Houben, reveals Boittin’s discontent with U.S. approach towards a WTO pact. Additionally Houben stated that the TPP (being an American initiative) seems devised as a confrontation with China.
Download PDF

EU Officials Perceive Lack of U.S. Leadership on Trade Issues, Skeptical of Pacific Initiative (TS//SI//OC/NF)

(TS//SI//OC/NF) Washington-based EU trade officials ascertained in late July that the U.S. administration is severely lacking in leadership when it comes to trade matters, as shown by the absence of a clear consensus on the future course of the WTO Doha Development Agenda (DDA). French Minister-Counselor for Economic and Financial Affairs Jean-Francois Boittin expressed astonishment at the level of “narcissism” and wasteful contemplation currently on display in Washington, while describing the idea of scrapping the DDA in favor of another plan–which some U.S. officials are seen to favor–as stupefying. The Frenchman further asserted that once a country makes deep cuts in its trade barriers, as the U.S. has done, it no longer has incentives to offer nor, as a consequence, a strong position from which to negotiate with emerging nations. Boittin’s interlocutor, EU Trade Section head Hiddo Houben, after noting the leadership void in the Office of the U.S. Trade Representative, declared that with regard to the disagreement within his host government on DDA, a political decision must be made about what direction is to be followed. On another subject, Houben insisted that the Trans-Pacific Partnership (TPP), which is a U.S. initiative, appears to be designed to force future negotiations with China. Washington, he pointed out, is negotiating with every nation that borders China, asking for commitments that exceed those countries’ administrative capacities, so as to “confront” Beijing. If, however, the TPP agreement takes 10 years to negotiate, the world–and China–will have changed so much that that country likely will have become disinterested in the process, according to Houben. When that happens, the U.S. will have no alternative but to return to the WTO. Finally, he assessed that this focus on Asia is added proof that Washington has no real negotiating agenda vis-´-vis emerging nations, including China and Brazil, or an actual, proactive WTO plan of action.

Unconventional

EU diplomatic

Z-3/OO/531614-11, 011622Z
High-ranking French official complaining about President Sarkozy’s inflammatory and inaccurate statements on WTO that no-one in government backs

Date July 2008
Classification TOP SECRET//COMINT/NOFORN
WikiLeaks Synopsis
Intercepted communication reveals discontent of head of Trade Policy Renaud Lassus regarding some statements from Sarkozy regarding a potential negative impact of a WTO trade negotiation pact on France economy.
Download PDF

Sarkozy Remarks on WTO Deemed Injurious to France; Rules Clarity Sought (TS//SI//NF)

(TS//SI//NF) A high-ranking French treasury official lamented in early July recent inflammatory and inaccurate statements by President Nicolas Sarkozy, statements that the official said were certain to complicate French efforts to balance its national interests with its responsibilities as current EU President. Assuming his duties as head of the Trade Policy and Investment Office in the Treasury and Economic Policy Directorate, Renaud Lassus indicated that Sarkozy’s declaration that there will be no WTO Doha Round accord has effectively set the bar extremely high, while also increasing the chances of a dark scenario in which France finds itself as the lone dissenter on a national level, but responsible as EU President for representing the views of the entire union. The choice for France then becomes one of either capitulating or provoking a crisis within the EU. Paris is totally unprepared to deal with this scenario, Lassus confirmed, as no one wants to try to “spin” the situation in which Sarkozy has placed the country when doing so would be admitting that the President had been wrong in the first place. He further commented that Sarkozy’s assertion that a WTO pact would bring a 20-percent drop in production and the loss of 100,000 French jobs was patently incorrect and believed by no one in the government. As for those who thought that Sarkozy would dampen his rhetoric when France actually assumed the Presidency on 1 July, their hopes were dashed, Lassus insisted, by the President’s most virulent personal attack yet on the EU Trade Commissioner. In other WTO-related commentary, knowledgeable insiders believed that the 21 July WTO ministerial could be disrupted if Rules Committee chairman Guillermo Valles Galmes does not make his intentions clear in advance. If this is not done, it is possible that rules issues will be raised at the ministerial, leading to heated negotiations. In addition, fish subsidies could cause problems. India could threaten to torpedo the ministerial unless it were to get a carve-out on special and differential treatment on fish. This would leave developed countries as the only ones that would have disciplines on fish subsidies and would be unacceptable to Europe and Japan.

Unconventional

French, EU, Japanese diplomatic

Z-3/OO/5427-08, 111833Z; Z-3/OO/5416-08, 111607Z
French ministerial agenda for planned G7 and G20 meeting intercepted

Date 2012
Classification TOP SECRET//COMINT//NOFORN
WikiLeaks Synopsis
Intercepted communication reveals French Minister of Economy, Finance, and Industry Francois Baroin’s intentions to emphasize the need for the implementation of the Basel Accords on banking laws in the G7 and G20 meeting in 2012 and his support of the U.S. initiative on oil reserves.
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G-7/G-20: French Minister to Push U.S. on Banking Reform, Warn Against Stifling Growth (TS//SI//NF)

(TS//SI//NF) With some messages targeted for the United States, the French Treasury Directorate has drafted talking points for Minister of Economy, Finance, and Industry Francois Baroin to use during meetings of the Group of 7 and Group of 20 on 19 and 20 April, just before the spring meetings of the IMF and World Bank. Baroin will emphasize the need to stay on schedule for implementing the Basel Accords (recommendations on banking laws and regulations), given Washington’s slowness to act. He will also support the U.S. initiative on strategic oil reserves in his remarks on the threat to global growth posed by rising oil prices. While repeatedly reminding his colleagues of the hard choices the EU has made the deal with its financial situation, he will also caution against endangering growth by acting too quickly.

Unconventional
French diplomatic

Z-3/OO/512583-12, 171712Z
French economy in dire straits according to intercepted communications between French Finance Minister and French Senator

Date 31 July 2012
Classification TOP SECRET//COMINT//NOFORN
WikiLeaks Synopsis
Intercepted communication reveals that Finance, Economy, and Trade Minister Pierre Moscovici believes the French economic situation was far worse than perceived. Additionally, he remarks about that the situation with the automotive industry was more critical than a pre-retirement unemployment supplement known as AER, which he also thought wouldn’t have had a severe impact on elections (while senator Bourquin thought would have driven voters to right-wing National Front).
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French Finance Minister Says Economy in Dire Straits, Predicts Two Atrocious Years Ahead (TS//SI//NF)

(TS//SI//NF) The French economic situation is worse than anyone can imagine and drastic measures will have to be taken in the next 2 years, according to Finance, Economy, and Trade Minister Pierre Moscovici. On 19 July, Moscovici, under pressure to re-establish a pre-retirement unemployment supplement known as the AER, warned that the situation is dire. Upon learning that there are no funds available for the AER, French Senator Martial Bourquin warned Moscovici that without the AER program the ruling Socialist Party will have a rough time in the industrial basin of the country, with voters turning to the right-wing National Front. Moscovici disagreed, asserting that the inability to reinstitute the AER will have no impact in electoral terms, besides, the situation with faltering automaker PSA Peugeot Citroen is more important than the AER. (COMMENT: PSA has announced plans to close assembly plants and lay off some 8,000 workers.) Moscovici warned that the 2013 budget is not going to be a “good news budget,” with the government needing to find at least an additional 33 billion euros ($39.9 billion). Nor will 2014 be a good year. Bourquin persisted, warning that the Socialist Party will find itself in a situation similar to that of Socialist former Spanish President Zapatero, who was widely criticized for his handling of his country’s debt situation. Moscovici countered that it was not Zapatero whose behavior the French government would emulate, but rather Social Democrat former German Chancellor Gerhard Schroeder. (COMMENT: Schroeder, chancellor from 1998 to 2005, was widely credited with helping to restore German competitiveness. He favored shifting from pure austerity measures to measures that encourage economic growth and advocated a common EU financial policy.)

Unconventional

French diplomatic

Z-3/OO/524122-12, 271748Z
Spying on French Ambassador who contemplated exposing U.S. misuse of UN Oil-for-food program in Iraq

Date 2004
Classification TOP SECRET//COMINT
WikiLeaks Synopsis
Intercepted communication between French Ambassador in Washington Jean-David Levitte reveals his frustration towards a report he defines “scandalous” regarding a possible misuse of the UN Oil-For-Food (OFF) program by French companies during the regime of Saddam Hussein in Iraq, while he claims some of these French companies where in fact U.S. companies’ subsidiaries and no American company was mentioned in such report. Levitte likely refers to the report filed by the US Senate that accused Russian, British and French politicians of receiving oil allocations from Iraq in exchange for their political alliance. Levitte planned to present a list of such U.S. companies to U.S. Congress and the media.
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(TS//SI) French Envoy Plans to Release List of U.S. Firms Who Allegedly Profited From OFF

(TS//SI//REL TO USA, AUS, CAN, GBR and NZL) French Ambassador Jean-David Levitte in Washington plans to respond as early as today to information in the Iraq Survey Group report regarding possible misuse of the UN Oil-for-Food (OFF) program by companies from France and other countries during the former Iraqi regime. The ambassador termed the report scandalous, since it named no U.S. companies and he claimed that many French companies with contracts under the OFF program were actually subsidiaries of U.S. firms that also profited from the business dealings. He therefore planned, with foreign ministry backing, to present a list of these U.S. companies to both the U.S. Congress and the media.

Unconventional

French diplomatic

3/OO/27079-04, 071948Z
NSA Eavesdrops as Hollande Tries End Run Around Merkel on Greek Eurozone Exit

Date 22 May 2012
Classification TOP SECRET//COMINT-GAMMA//ORCON/NOFORN
WikiLeaks Synopsis
Intercepted communication reveals that Francois Hollande has approved holding a secret meeting with French officials as well as German opposition (without the knowledge of Merkel) to discuss the euro-zone crisis.
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French President Approves Secret Eurozone Consultations, Meeting With German Opposition (TS//SI-G//OC/NF)

(TS//SI-G//OC/NF) French President Francois Hollande has approved holding secret meetings in Paris to discuss the eurozone crisis, particularly the consequences of a Greek exit from the eurozone. On 18 May, Hollande directed Prime Minister (PM) Jean-Marc Ayrault to set up a meeting at the Office of the President (the Elysee) for the following week. Hollande, Ayrault, and “appropriate ministers” would attend, and special emphasis would be given to consequences for the French economy in general and for French banks in particular. Hollande stressed that the meeting would be secret. (COMMENT: The French president seems worried that if word were to get out that Paris is seriously considering the possibility of a Greek exit, it would deepen the crisis.) In addition, secret meetings are to be held in Paris between French officlans and members of the German Social Democratic Party (SPD). Hollande assured the PM that hosting the meeting at the Elysee was “doable,” although Ayrault warned the president to keep the event a secret so as to avoid diplomatic problems. (COMMENT: By “diplomatic problems,” Ayrault is referring to what could happen if German Chancellor Angela Merkel finds out that Hollande is going behind her back to meet with the German opposition.) Earlier reporting reveals that following talks last week in Berlin with Merkel, Hollande complained that nothing of substance was achieved; it was purely for show. Hollande had found the chancellor fixated on the Fiscal Pact and above all on Greece, on which he claimed she had given up and was unwilling to budge. This made Hollande very worried for Greece and the Greek people, who might react by voting for an extremist party. After meeting Merkel, the French president contacted SPD Chairman Sigmair Gabriel and invited him to Paris so that they could talk.

Foreign Satellite, Unconventional

French, German governmental

Z-G/OO/503643-12, 211549Z; Z-G/OO/503541-12, 161711Z
US Intercepts of France Complaining About US Intercepts of France

Date 24 March 2010
Classification TOP-SECRET//COMINT/NOFORN
WikiLeaks Synopsis
Intercepted communication between French Ambassador in Washington Pierre Vimont and Sarkozy’s diplomatic advisor Jean-David Levitte, reveals potential topics of discussion for a meeting between Sarkozy and U.S. President, particularly Sarkozy’s frustration regarding Washington step back on a bilateral intelligence cooperation agreement and the U.S. desire to continue spying on France.
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Sensitive Issues on the Agenda When French, U.S. Presidents Meet Next Week in Washington (TS//SI//NF)

(TS//SI//NF) French President Sarkozy intends to raise a number of sensitive topics with the U.S. President when the two leaders meet in Washington on 31 March, according to an exchange last week between the French ambassador in Washington Pierre Vimont, and Sarkozy’s diplomatic advisor, Jean-David Levitte. Vimont conveyed that the French President will express his frustration that Washington has backed away from its proposed bilateral intelligence cooperation agreement and Sarkozy intends to continue to push for closure. As Vimont and Levitte understand it, the main sticking point is the U.S. desire to continue spying on France. On the topic of Afghanistan, Levitte noted that Sarkozy is ready to authorize more military trainers but wants clarification on how many are needed, given the conflicting figures from U.S. sources. Another proposed topic was efforts by the European Aeronautic, Defense, and Space Corporation (EADS) to win a tanker aircraft contract with the U.S. military. Vimont revealed cryptically that the deal is moving forward but did not provide any details. Levitte had not expected to put the labeling dispute with Pernod Ricard (the world’s second largest spirits group) on the agenda, but Sarkozy had just spoken to the company’s chairman who had asked the president to intercede on his behalf. (COMMENT: Patrick Ricard, chairman of the Pernod Ricard board of directors, is said to be one of Sarkozy’s wealthy backers.) Vimont characterized the issue as a very political matter in the U.S., and suggested that a direct appeal to the White House might be useful. While Sarkozy intends to broach the issue with the U.S. President, Levitte will talk to the U.S. President’s Economic Adviser and Deputy National Security Adviser. Finally, Levitte expected the two leaders to discuss other pressing subjects including Iran, the Middle East Peace Process, Afghanistan and Pakistan, Yemen, Somalia, the Sahel, Russia, China, Turkey, climate change, and the financial situation of several European countries; however, he provided no details on those topics.

Unconventional

French diplomatic

Z-3/OO/507179-10, 231635Z
US Spying On Chirac Discussing UN Appointments

Date 2006
Classification TOP SECRET//COMINT-GAMMA//ORCON/REL TO USA, AUS, CAN, GBR, NZL
WikiLeaks Synopsis
Intercepted communication between French President Jacques Chirac and French Foreign Minister Philippe Douste-Blazy reveals that Chirac gave specific instructions to approach UNSYG Ban Ki-Moon and ask the appointment of Terje Roed-Larsen as Deputy UNSYG or another position of equal responsibility.
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(TS//SI-G//OC) French President Presses for Selection of Roed-Larsen as Deputy UNSYG

(TS//SI-G//OC/REL TO USA, AUS, CAN, GBR, NZL) French President Jacques Chirac told Foreign Minister Philippe Douste-Blazy on 23 December to work to ensure that current UN Special Envoy for the Implementation of UNSC Resolution 1559 Terje Roed-Larsen is selected as Deputy UNSYG or at least offered a position of similar responsibility. Chirac spelled out in deliberate fashion exactly how he wanted Douste-Blazy to proceed, instructing him to approach new UNSYG Ban Ki-moon and report back on Ban’s sentiments regarding the deputy post. (COMMENT: Chirac’s detailed orders may be in response to the foreign minister’s propensity, amply demonstrated in the past and the impetus behind a number of presidential reprimands, for making ill-timed or inaccurate remarks.) The President was keen on Roed-Larsen’s selection for several reasons, including his belief that the situation in the Middle East requires a skilled hand with experience in the region and the realization that–for once–France, Russia, and the U.S. all support the same man. Other considerations were that Ban intends to keep Frenchman Jean-Marie Guehenno on as head of the UN Department of Peacekeeping Operations, which is to be divided into two parts, with the newer organization handling logistics. That planned division, however, has drawn fire from Douste-Blazy, who thinks that it would be a catastrophe.

Unconventional

French leadership, UN diplomatic

G/OO/6411-06, 271650Z
US Spying on Sarkozy Talking Tough on Israel-Palestine

Date 10 June 2011
Classification TOP SECRET//COMINT-GAMMA//ORCON/NOFORN
WikiLeaks Synopsis
Intercepted communication reveals that Sarkozy was determined to resume peace talks between Israel and Palestine, possibly without the involvement of the U.S.
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Sarkozy Determined to Proceed With Mideast Initiative, May Pressure U.S. President (TS//SI-G//OC/NF)

(TS//SI-G//OC/NF) In spite of an apparent lack of interest on the part of some major players, French President Nicolas Sarkozy affirmed on 7 June his determination of go forward with an initiative to restart direct Mideast peace talks between Israel and the Palestinians. It was also disclosed in a conversation between Sarkozy and his foreign minister, Alain Juppe, that consideration was given to including the Quartet in the process; however, they were wary about such an invitation because that group might not bow to Paris’s wishes. Not being a member of the Quartet, they surmised, France would have no control over what transpired in one of its meetings, and if the group elected not to support direct talks, the French initiative would be a non-starter. Another concern centered on the dynamics of the Quartet: the fear in Paris was that in any session involving the EU High Representative for Foreign Affairs and Security Policy, UNSYG Ban Ki-moon, Russian Foreign Minister Sergey Lavrov, and the U.S. Secretary of State, the last two individuals would dominate the proceedings. Finally, the president was giving thought to appealing to Russian President Dmitriy Medvedev for a possible joint initiative without the United States or, as another option, issuing an ultimatum to the U.S. President regarding Palestinian statehood. The ultimatum would demand that Washington back France’s efforts to restart the peace process, failing which Sarkozy would tell the U.S. President that Paris will not side with the U.S. in September (presumably referring to the deliberations in the UN General Assembly on Palestinian statehood).

Unconventional

French leadership

Z-G/OO/513370-11, 091416Z
US Eavesdrops as Sarkozy Plots French Leadership on Financial Crisis

Date 2008
Classification TOP SECRET//COMINT-GAMMA//ORCON/REL TO USA, AUS, CAN, GBR, NZL
WikiLeaks Synopsis
Intercepted communication reveals that Sarkozy blamed U.S. Government’s many mistakes for the world economic crisis, and given a lack of engagement by the U.S., France, as EU president at the time, had to take the lead in devising solutions.
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Sarkozy Sees Himself as Only One Who Can Resolve World Financial Crisis (TS//SI-G//OC)

(TS//SI-G//OC/REL TO USA, AUS, CAN, GBR, NZL) French President Nicolas Sarkozy considers it his responsibility to Europe and the world to step up to the plate and resolve the world financial crisis. He further declared that he is the only one, given France’s EU Presidency, who can step into the breach at this time. The President blamed many of the current economic problems on mistakes made by the U.S. Government, but believes that Washington is now heeding some of his advice. In his view, this is the first time that the U.S. has not taken the lead in managing a global crisis and France will now take the helm. Sarkozy is determined that the mid-November financial summit, which he proposed, will bring drastic change to the world financial system. Finally, the French President was pleased by some progress made within the EU to ease the crisis and by his excellent working relationship with the British and Spanish prime ministers.

Unidentified

French leadership

G/OO/503290-08, 291640Z

Find this story at 29 June 2015

WikiLeaks – Chirac, Sarkozy et Hollande : trois présidents sur écoute

WIKILEAKS Les documents obtenus par WikiLeaks et que publie «Libération» révèlent que la NSA a, au moins de 2006 à mai 2012, espionné Jacques Chirac, Nicolas Sarkozy et François Hollande.
Un adage en vogue dans les milieux du renseignement veut qu’en matière d’espionnage, on n’ait pas d’alliés – ou, à tout le moins, qu’ils ne soient pas forcément des amis. «S’espionner entre amis, cela ne se fait pas», s’était d’ailleurs indignée Angela Merkel en apprenant en octobre 2013, par des révélations du Spiegel, que l’Agence nationale de sécurité (NSA) américaine avait ciblé son téléphone portable. Une sélection de documents que publient Libération et Mediapart en collaboration avec WikiLeaks révèle qu’en France, ce sont trois présidents successifs, et certains de leurs collaborateurs, qui ont été espionnés sur une période allant au moins de 2006, lors du second mandat de Jacques Chirac, à mai 2012, juste après l’installation à l’Elysée de François Hollande.

Ces documents obtenus par WikiLeaks – regroupés sous le titre «Espionnage Elysée» – consistent notamment en cinq rapports d’analyse émanant de la NSA, sous l’intitulé «Global SIGINT Highlights», autrement dit, des «faits marquants» tirés du renseignement d’origine électromagnétique, les interceptions de communications. Tous sont classés «Top Secret», et destinés à des responsables de la NSA et de la communauté américaine du renseignement ; seuls deux d’entre eux, les plus anciens, sont voués à être partagés au sein des «Five Eyes», l’alliance des services de renseignement des Etats-Unis, de l’Australie, du Canada, de la Nouvelle-Zélande et du Royaume-Uni, les autres étant exclusivement à usage américain. Ces comptes rendus émanent, selon des experts interrogés par WikiLeaks, d’un bureau identifié comme étant celui des Summary Services («le service des synthèses»).

«SÉLECTEURS»
On peut y lire, notamment, comment Jacques Chirac a, en 2006, poussé son candidat pour le poste de sous-secrétaire général adjoint des Nations unies, mais aussi que, selon la NSA, le ministre des Affaires étrangères de l’époque, Philippe Douste-Blazy, avait une «propension […] à faire des déclarations inexactes ou inopportunes». On peut y lire aussi – ce qui ne surprendra personne – que Nicolas Sarkozy se voyait, en 2008, comme «le seul homme capable de résoudre la crise financière». Ou qu’il se plaignait, en 2010, du «recul de Washington sur sa proposition d’accord de coopération bilatérale sur le renseignement», accord que les deux interlocuteurs mentionnés dans la note, l’ambassadeur de France à Washington, Pierre Vimont, et le conseiller diplomatique, Jean-David Levitte, attribuaient précisément au «souhait des Etats-Unis de continuer à espionner la France»…

Le mémo le plus récent date du 22 mai 2012 – soit après la mise en place d’un protocole d’échanges d’informations ­entre la Direction générale de la sécurité extérieure (DGSE) et la NSA, qui remonterait, selon le Monde, à la fin 2011 – et fait état de «réunions secrètes» pour discuter d’une possible sortie de la Grèce de la zone euro, mais également des inquiétudes de Jean-Marc Ayrault quant aux réactions d’Angela Merkel si elle venait à avoir vent de la rencontre entre le nouveau président et l’opposition allemande.

A vrai dire, si le contenu des notes est classé comme hautement confidentiel, il ne révèle pas pour autant de secrets d’Etat. Il témoigne, en tout état de cause, de l’intérêt porté par la NSA à la France. A ce titre, l’autre type de document obtenu par WikiLeaks est au moins aussi frappant. Il s’agit d’un extrait d’une base de données de la NSA mentionnant une série de numéros de téléphone, fixes et mobiles, identifiés comme des «sélecteurs». Autrement dit, sur la base d’une collecte massive d’informations, l’agence identifie des cibles qui motivent par la suite des recherches précises de contenus. Le tout en fonction de «besoins d’information» formalisés à partir de 2002, qui touchent à la politique intérieure ou aux enjeux économiques.

Extrait d’une base de données de la NSA montrant les personnalités politiques qu’ils ont ciblé.

«NOUVELLES POSSIBILITÉS DE COLLECTE»
Dans cette liste, qui date d’après nos recoupements de l’année 2010, Libération a pu identifier les numéros de portable de membres de l’exécutif – le président Nicolas Sarkozy, les secrétaires d’Etat aux Affaires européennes et au Commerce Jean-Pierre Jouyet et Pierre Lellouche –, mais aussi des cibles plus larges : le standard du ministère des Finances, celui de l’Agriculture, ainsi que l’antenne à l’Elysée du Centre de transmissions gouvernemental, qui dépend du Secrétariat général de la défense et de la sécurité nationale (SGDSN). Ce service est précisément responsable de la sécurisation des communications de l’exécutif, ainsi que de la permanence des liaisons gouvernementales, le «téléphone rouge». Rien n’indique pour autant que les liaisons sécurisées aient, elles, été compromises.

Parmi les autres noms, la liste témoigne d’une identification plutôt précise des interlocuteurs. Les téléphones mobiles de conseillers du Président, comme le secrétaire général de l’Elysée de l’époque, Claude Guéant, ou Jean-David Levitte, sont aussi listés. Contactés par Libération, ni l’un ni l’autre ne se disent surpris. Le premier juge le procédé «inadmissible». Le second, philosophe, indique être «toujours parti du principe [qu’il était] écouté, et pas seulement par nos amis et partenaires américains».

On trouve aussi des membres du cabinet ou de l’administration du ministère des Affaires étrangères – son porte-parole d’alors, Bernard Valero, ainsi que Laurence Tubiana, fonctionnaire au Quai d’Orsay qui a été chargée en 2009 des négociations pour la conférence sur le climat de Copenhague. A la différence des autres cibles, cette dernière ne relève d’ailleurs pas de la branche chargée d’intercepter les communications européennes, le «S2C32» (déjà identifié dans le scandale Merkel), mais d’un bureau chargé notamment d’«améliorer l’accès à la cible», d’«accroître les efforts de ciblage et d’exploitation» et de «développer de nouvelles possibi­lités de collecte». En clair, de voir dans quelle mesure il serait possible de pirater son téléphone, voire d’installer des logiciels espions dans son ordinateur.

Cette sélection de documents ne révèle qu’une partie des activités de la NSA en matière d’espionnage des dirigeants français : rien ne permet de connaître la quantité de comptes rendus d’écoutes ayant été communiqués aux dirigeants de la NSA, et les présidents prennent également des précautions pour évoquer les sujets les plus sensibles – rencontres bilatérales ou communications chiffrées. Mais les documents confirment, en tout état de cause, à quel point les Etats-Unis peuvent s’intéresser au détail des communications de dirigeants de pays alliés. En octobre 2013, le ­député ­socialiste Jean-Jacques Urvoas, rapporteur du projet de loi sur le renseignement, se plaignait d’ailleurs dans les colonnes du Monde que «les Etats-Unis n’ont pas d’alliés, ils n’ont que des cibles ou des vassaux».

«ZONE GRISE»
Reste désormais à savoir si ces pratiques se sont poursuivies au-delà de la date des derniers documents que nous publions en collaboration avec WikiLeaks. Sollicité par Libération et Mediapart, l’entourage de François Hollande assure qu’au moment de la visite d’Etat du Président à Washington, en février 2014, «l’engagement a été pris [par Barack Obama] de ne plus pratiquer d’écoutes indifférenciées concernant les services de l’Etat des pays alliés». Egalement sollicités, ni la NSA ni la Maison Blanche n’avaient encore réagi, mardi soir à l’heure du bouclage.

L’espionnage à l’étranger est l’ultime «zone grise» du renseignement – il est d’ailleurs, en France, le véritable point aveugle du projet de loi sur le renseignement, voué à être adopté ce mercredi. En avril, une résolution de l’Assemblée parlementaire du Conseil de l’Europe préconisait la mise en place d’un «code du renseignement multilatéral». On en est évidemment encore très loin.

AMAELLE GUITON , ALEXANDRE LÉCHENET , JEAN-MARC MANACH ET AVEC JULIAN ASSANGE 23 JUIN 2015 À 21:55 (MIS À JOUR : 23 JUIN 2015 À 22:56)

Find this story at 23 June 2015

Copyright liberation.fr

NSA Economic Spy Order

Information Need (IN) – France: Economic Developments
EEI: H – Foreign Contracts/Feasibility Studies/Negotiations
Information Need (IN) – France: Economic Developments

Date 2012
Classification SECRET
WikiLeaks Synopsis
This classified US intelligence “Information Need” spying order mandates long term economic espionage against France in order to obtain details about the economic activities of French companies and the economic policies and decisions of the French government. Information Needs (IN) are collection requirements extracted from the National SIGINT Requirements List, and are used to broadly justify the interception of communications in order to satisfy generic intelligence demands from U.S. policy makers and the U.S. Intelligence Community. This IN, identified as 2002-204 (first created in 2002 and updated for more than a decade) and referenced in the list of Top NSA French Targets previously published by WikiLeaks, shows which particular information of interest (“Essential Elements of Information”, EEI) the relevant Signals Intelligence units are instructed to collect and report about. Such requirements include France’s economic relations with the United States, other countries and international institutions, France’s financial and trade policies, and its views on G-8 and G-20 agendas. “Supported Elements” are those parts of the US government which are supported by (i.e receive intelligence reports derived from) the espionage.
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IN Standard Report: S-C-2002-204

Title : (S//REL TO USA, AUS, CAN, GBR, NZL) France: Economic Developments

Originator Classification : SECRET//REL TO USA, AUS, CAN, GBR, NZL

Table of Contents

EEI A : (U//FOUO) Economic Relations with the United States
EEI B : (S//REL TO USA, AUS, CAN, GBR, NZL) French Business Practices
EEI C : (S//REL TO USA, AUS, CAN, GBR, NZL) French Financial/Macroeconomic Policy Development
EEI D : (U//FOUO) Views On G-8, G-20 Developments/Issues
EEI E : (U//FOUO) Budgetary Constraints/Contributions To NATO
EEI F : (S//REL TO USA, AUS, CAN, GBR, NZL) French Views
EEI G : (U//FOUO) Relations With Least Developed Countries (LDCs) And Transitional States
EEI H : (U//FOUO) Foreign Contracts/Feasibility Studies/Negotiations
EEI I : (U//FOUO) Relations With International Financial Institutions
EEI J : (S//REL TO USA, AUS, CAN, GBR, NZL) French Trade Policies
EEI K : (U//FOUO) Questionable Trade Activities

(U//FOUO) Supported Element(s):

CIA
COMMERCE
DHS
DIA/DI
DIA/OSR-2
DIA/USEUCOM
FEDERAL RESERVE BOARD
STATE/INR
TREASURY
US TRADE REP
DOE/IN
EEI: H – Foreign Contracts/Feasibility Studies/Negotiations

Date 2012
Classification SECRET//NOFORN
WikiLeaks Synopsis
This US economic espionage order (“Essential Elements of Information) for France instructs US spies to collect information on all French sales and financing of significant projects related to telecommunications, electrical generation, gas, oil, nuclear and renewable energy and environmental and healthcare technologies. Most substantially it also mandates the interception and reportage of all French company negotiations and contracts valued at over $200 million. The results of the spying are to be reported to various US trade, political and intelligence agencies (“Supported Elements”).
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EEI : H

EEI Classification : SECRET//NOFORN

Originator EEI Classification : SECRET//REL TO USA, AUS, CAN, GBR, NZL

EEI Title : (U//FOUO) Foreign Contracts/Feasibility Studies/Negotiations
Question(s) :

1. (S//REL TO USA, AUS, CAN, GBR, NZL) Report impending French contract proposals or feasibility studies and negotiations for international sales or investments in major projects or systems of significant interest to the foreign host country or $200 million or more in sales and/or services, including financing information or projects of high interest including:

A. Information and telecommunications facilities networks and technology?

B. Electric power, natural gas, and oil facilities and infrastructure to include nuclear power and renewable energy generation?

C. Transportation infrastructure and technology to include ports, airports, high-speed rail, and subways?

D. Environmental technologies used domestically and for export?

E. Health care infrastructure, services, and technologies, including biotechnology developments?

Find this story at 29 June 2015

DOSSIER: LA RÉPUBLIQUE SUR ÉCOUTE ENQUÊTE 2006-2012: Hollande, Sarkozy et Chirac écoutés

Au-delà des trois chefs d’État français, des ministres, des hauts fonctionnaires, des parlementaires et des diplomates ont été surveillés téléphoniquement pendant près d’une décennie par les services secrets américains, selon des documents obtenus par WikiLeaks.

Les États-Unis ont placé la République sur écoute. Les présidents François Hollande, Nicolas Sarkozy et Jacques Chirac, ainsi que de nombreux ministres, des hauts fonctionnaires, des parlementaires ou des diplomates, ont été écoutés directement ou par ricochet pendant près d’une décennie par les services secrets américains, selon des documents confidentiels de la National Security Agency (NSA) obtenus par WikiLeaks (lire aussi notre version en anglais de cet article).

D’après des notes de synthèse de la NSA auxquelles Mediapart et Libération ont eu accès, en collaboration avec WikiLeaks, dans le cadre de l’opération Espionnage Élysée, les interceptions se sont étalées de 2006 à 2012 – mais rien ne dit qu’elles n’ont pas commencé plus tôt et ne se sont pas poursuivies depuis. Toutes classifiées « top secret », ces notes détaillent les dessous d’un espionnage obsessionnel de la France par les États-Unis sur des questions diplomatiques, de politique locale ou économiques de tous ordres.

Les trois présidents français écoutés par la NSA
Les trois présidents français écoutés par la NSA © DR
Que les États-Unis écoutent les principaux dirigeants d’un pays allié comme la France relève pour certains du secret de polichinelle. L’information est désormais prouvée par des documents issus du cœur de l’appareil d’État américain.

Surtout, les éléments que nous rendons publics à partir d’aujourd’hui (voir ici l’analyse des documents) révèlent l’ampleur jusqu’ici insoupçonnée de l’espionnage états-unien, réalisé en dehors de tout cadre judiciaire et de tout réel contrôle. Car ce ne sont pas seulement les présidents de la République successifs qui ont été écoutés ces dernières années, mais toutes les strates de la puissance publique qui ont été, à un moment ou à un autre, la cible des États-Unis, qu’il s’agisse de directeurs d’administration, de ministres, de conseillers présidentiels et ministériels, de diplomates, de porte-parole. Au sein même de l’Élysée, par exemple, de très nombreuses lignes téléphoniques (fixes ou portables) ont été branchées.

Déjà passablement écornée par les révélations de l’ancien agent Edward Snowden, l’image de la NSA et, avec elle, des États-Unis ne devrait pas sortir grandie de ces nouvelles révélations, qui jettent une lumière crue sur les pratiques agressives et déloyales de la première puissance mondiale à l’encontre d’un pays normalement considéré comme « ami ». Du moins, en façade.

Contactée, la NSA n’a pas souhaité faire de commentaire.

Comme ses deux prédécesseurs de droite, l’actuel président socialiste François Hollande n’a pas échappé à la curiosité des grandes oreilles de Washington. Un rapport du 22 mai 2012 de la NSA fait ainsi explicitement référence à une conversation tenue quatre jours plus tôt entre le président fraîchement élu et son premier ministre de l’époque, Jean-Marc Ayrault. La conversation porte sur la volonté de François Hollande d’organiser des « consultations secrètes » avec l’opposition allemande, concernant l’éventualité d’une sortie de la Grèce de la zone euro – un sujet toujours d’actualité.

Les analystes de la NSA évoquent dans le même document l’existence de « précédents rapports » concernant des entretiens passés au sujet de la chancelière Angela Merkel. Ce qui laisse donc supposer que les interceptions américaines du président français ont bel et bien été monnaie courante.

À l’Élysée, on indiquait mardi 23 juin que, sans avoir conservé la trace de cette conversation, celle-ci est « tout à fait crédible ». Mais sur le fond, la présidence de la République n’a souhaité faire aucun commentaire à ce stade. Dans l’entourage du président, on précise toutefois qu’en amont de la rencontre entre François Hollande et Barack Obama, le 11 février 2014 à Washington, puis lors de cette entrevue, « l’engagement a été pris de ne plus pratiquer d’écoutes indifférenciées des services de l’État d’un pays allié ».

Le directeur général de LR (ex-UMP), Frédéric Péchenard, a communiqué l’information à Nicolas Sarkozy, qui « ne souhaite pas réagir pour l’instant ».

Comme pour la plupart des documents obtenus par WikiLeaks, le rapport de mai 2012 de la NSA ciblant François Hollande est surmonté de nombreuses initiales qui, une fois décryptées, donnent la mesure du caractère ultrasensible des données désormais publiques. Estampillées « top secret » (TS), ces notes traitent de renseignements obtenus par des interceptions de signaux électroniques (SI pour SIGINT, soit “signal intelligence”) et ne doivent sous aucun prétexte être partagées avec un pays étranger (NF pour NOFORN, soit “no foreigner”).

La note Hollande est également accompagnée, comme pour de nombreuses autres, de la mention « unconventional », une catégorie particulière dans la nomenclature de la NSA qui correspond aux opérations non conventionnelles.

LIRE AUSSI
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PAR FABRICE ARFI ET JÉRÔME HOURDEAUX ET JULIAN ASSANGE (WIKILEAKS)

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PAR LÉNAÏG BREDOUX ET MATHIEU MAGNAUDEIX

WikiLeaks documents on US snooping on France – what the presidents said
PAR LÉNAÏG BREDOUX ET ELLEN SALVI ET JULIAN ASSANGE (WIKILEAKS)

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PAR LÉNAÏG BREDOUX ET MATHIEU MAGNAUDEIX ET ELLEN SALVI

35 « leaders internationaux » espionnés par la NSA
PAR LA RÉDACTION DE MEDIAPART

Espionnage d’intérêts français par le renseignement allemand : la France se tait
PAR MATHIEU MAGNAUDEIX

Espionnage : à droite et à gauche, l’allié américain a déçu
PAR LÉNAÏG BREDOUX ET MATHIEU MAGNAUDEIX ET ELLEN SALVI
Toujours dans cette même note Hollande figure une petite mention supplémentaire, qui est tout sauf anodine : « Foreign Satellite ». Ce terme, FORNSAT en abrégé, désigne un réseau mondial de stations d’écoutes de la NSA réparties dans les pays alliés. Tous les regards se portent aujourd’hui, sans qu’il soit possible d’en avoir la certitude absolue, vers des antennes satellites allemandes.

La presse a en effet plusieurs fois fait état ces derniers mois de la sous-traitance par les services secrets allemands (le BND) de l’espionnage américain, ce qui a provoqué une forte indignation en Allemagne et l’ouverture d’une enquête parlementaire qui cherche précisément le type de documents que WikiLeaks a obtenus.

En dehors de l’actuel chef de l’État français, d’autres hautes personnalités françaises ont été écoutées. D’après les documents en notre possession, sur lesquels nous reviendrons dans les prochains jours, les anciens présidents Nicolas Sarkozy et Jacques Chirac, l’ancien ministre socialiste de l’économie Pierre Moscovici (aujourd’hui commissaire européen) ou l’ex-ambassadeur de France à Washington Pierre Vimont ont ainsi été espionnés.

Il faut dire que l’appétit de renseignements des États-Unis pour la France relève de la boulimie. Un autre document confidentiel (voir ci-dessous) de la NSA, rédigé sous la présidence Sarkozy (2007-2012), révèle quant à lui la liste des cibles françaises définies par les États-Unis. Sont concernés, pêle-mêle : le portable personnel du président de l’époque, Nicolas Sarkozy, ceux du conseiller diplomatique Jean-David Levitte, du secrétaire général de l’Élysée Claude Guéant, du porte-parole du ministère des affaires étrangères Bernard Valero, de l’ancien ministre Jean-Pierre Jouyet (aujourd’hui secrétaire général de l’Elysée), celui d’un responsable du Quai d’Orsay non identifié, ou du ministre du commerce extérieur Pierre Lellouche.

La liste des cibles françaises établie par la NSA sous la présidence Sarkozy
La liste des cibles françaises établie par la NSA sous la présidence Sarkozy
Pour Claude Guéant, ancien secrétaire général de l’Elysée et ex-ministre de l’intérieur, « cette pratique est scandaleuse ». « Le gouvernement français doit réagir comme il se doit. Au minimum, cela nécessite une explication au plus haut niveau, un engagement absolu à mettre un terme à ces pratiques. Nous nous acheminons vers un monde qui est extrêmement préoccupant, où plus personne n’a plus d’intimité, de confidentialité », se plaint ce proche de Nicolas Sarkozy.

« Si les Américains ont écouté Merkel, on ne voit pas pourquoi les autres n’auraient pas été écoutés », commente Frédéric Péchenard, ancien patron de la police nationale et actuel directeur général des Républicains. « Mais si l’on veut être capables de se défendre, il faut que nos services soient à la hauteur. Il nous faut des moyens techniques humains et juridiques plus efficaces. Être espionné par ceux qui sont censés être nos amis, ça peut poser un problème d’ordre diplomatique », précise-t-il.

« Moi qui étais un grand ami de l’Amérique, je le suis de moins en moins », réagit pour sa part le député Pierre Lellouche auprès de Mediapart. « Je ne suis pas surpris. Ça ne m’étonne pas d’avoir été écouté lorsque j’étais au commerce extérieur, ça intéresse beaucoup les Américains, l’espionnage industriel. On a tout le temps ce genre de conversations. C’est d’ailleurs l’argument qu’on nous rétorque en ce moment dans le cadre de la loi sur le renseignement : on est écouté par tout le monde, pourquoi s’empêcher de nous écouter ? On s’écoute de partout. Malheureusement, je le dirai à l’Assemblée nationale, on est dans un imperium global sur le plan économique, où les États-Unis n’hésitent pas à mettre en réseaux la CIA, la NSA, mais aussi la justice américaine, qui ensuite fait des saisines. Je le dénonce sans arrêt », ajoute-t-il.

D’après les documents de la NSA, les lignes fixes des conseillers africains en poste à l’Élysée et les numéros des… standards des ministères de l’agriculture et des finances sont également visés. On trouve encore dans la liste des cibles l’antenne du Centre de transmission gouvernemental (CTG) situé à l’Élysée. Celui-ci est chargé d’assurer, à l’abri du “secret défense”, la permanence des liaisons gouvernementales et tout particulièrement celles du chef de l’État et du Premier ministre. Un autre numéro, référencé sous l’intitulé « FR VIP AIRCRAFT REL », renvoie après vérification à une ligne de la flotte aérienne du gouvernement, l’Etec, qui dépend de l’armée de l’air.

Au-delà du scandale que peut susciter aujourd’hui cet espionnage américain, la facilité avec laquelle les États-Unis paraissent pouvoir intercepter la moindre conversation des plus hauts dirigeants français interroge aujourd’hui la faiblesse des capacités de contre-ingérence des services de renseignement français. À ce propos, l’Élysée a coutume de rappeler que sur les questions diplomatiques et militaires, il n’y a jamais eu de fuite quelle qu’elle soit, précisant que s’agissant des sujets les plus sensibles, toutes les précautions sont prises. Jusqu’à preuve du contraire.

23 JUIN 2015 | PAR FABRICE ARFI ET JÉRÔME HOURDEAUX ET JULIAN ASSANGE (WIKILEAKS)

Find this story at 23 June 2015

Copyright mediapart.fr

Espionnage Élysée (2015)

Press Release Top French NSA Targets Top French NSA Intercepts Economic Spy Order

Today, 29 June 2015, WikiLeaks continues “Espionnage Élysée”, our ongoing publication of a collection of TOP SECRET documents from United States surveillance operations against France.

Today’s publication comprises seven top secret documents detailing how the US has had a decade- long policy of economic espionage against France, including the interception of all French corporate contracts and negotiations valued at more than $200 million. The documents demonstrate that the US National Security Agency, far from being a rogue organisation, is carrying out an economic espionage policy created by the US Director of National Intelligence. The documents detail the intelligence process, from the tasking of the NSA with collection of desired economic information to the production of developed intelligence reports, which are sent to “Supported Elements” of the US government, including the US Department of Commerce, the US Trade Represenative, the US Treasury and the Central Intelligence Agency.

Central within the cache of documents are two long-term spying orders (“collection requirements”) which define the kinds of intelligence the NSA is tasked with collecting in its surveillance operations against France. The documents make clear that the NSA has been tasked with obtaining intelligence on all aspects of the French economy, from government policy, diplomacy, banking and participation in international bodies to infrastructural development, business practices and trade activities. The documents establish that the US economic intelligence operations against France have run for more than a decade and started as early as 2002. Some of the documents are authorised for sharing with the “Five Eyes” partners – the group of Anglophone countries in close intelligence co-operation with the United States: Canada, New Zealand, Australia and France’s fellow member state of the European Union, the United Kingdom, strongly suggesting that the United Kingdom has also benefited from the United States’ economic espionage activities against France.

The cache also includes five TOP SECRET intelligence summaries from US spying on the conversations and communications of French officials. The documents show US spying on the French Finance Minister, a French Senator, officials within the Treasury and Economic Policy Directorate, the French ambassador to the United States, and officials with direct responsibility for EU trade policy. The intercepts reveal internal French deliberation and policy on the World Trade Organization, the Trans-Pacific Partnership Agreement, the G7 and the G20, the 2013 French budget, the decline of the automotive industry in France, and the involvement of French companies in the Oil for Food programme in Iraq during the 1990s.

WikiLeaks founder Julian Assange said: “The United States has been conducting economic espionage against France for more than a decade. Not only has it spied on the French Finance Minister, it has ordered the interception of every French company contract or negotiation valued at more than $200 million. That covers not only all of France’s major companies, from BNP Paribas, AXA and Credit Agricole to Peugeot and Renault, Total and Orange, but it also affects the major French farming associations. $200 million is roughly 3,000 French jobs. Hundreds of such contracts are signed every year. The United States not only uses the results of this spying itself, but swaps these intercepts with the United Kingdom. Do French citizens deserve to know that their country is being taken to the cleaners by the spies of supposedly allied countries? Mais oui!”

For French-language interviews/comment regarding Espionnage Élysée please contact WikiLeaks’ Paris-based legal advisor, Juan Branco: Tel. +33 671 19 21 47

Cartoon
Today, 23 June 2015, WikiLeaks began publishing “Espionnage Élysée”, a collection of TOP SECRET intelligence reports and technical documents from the US National Security Agency (NSA) concerning targeting and signals intelligence intercepts of the communications of high-level officials from successive French governments over the last ten years.

The top secret documents derive from directly targeted NSA surveillance of the communications of French Presidents Francois Hollande (2012–present), Nicolas Sarkozy (2007–2012), and Jacques Chirac (1995–2007), as well as French cabinet ministers and the French Ambassador to the United States. The documents also contain the “selectors” from the target list, detailing the cell phone numbers of numerous officials in the Elysee up to and including the direct cell phone of the President.

Prominent within the top secret cache of documents are intelligence summaries of conversations between French government officials concerning some of the most pressing issues facing France and the international community, including the global financial crisis, the Greek debt crisis, the leadership and future of the European Union, the relationship between the Hollande administration and the German government of Angela Merkel, French efforts to determine the make-up of the executive staff of the United Nations, French involvement in the conflict in Palestine and a dispute between the French and US governments over US spying on France.

A founding member state of the European Union and one of the five permanent members of the UN Security Council, France is formally a close ally of the United States, and plays a key role in a number of US-associated international institutions, including the Group of 7 (G7), the North Atlantic Treaty Organization (NATO) and the World Trade Organization (WTO).

The revelation of the extent of US spying against French leaders and diplomats echoes a previous disclosure in the German press concerning US spying on the communications of German Chancellor Angela Merkel and other German officials. That disclosure provoked a political scandal in Germany, eventuating in an official inquiry into German intelligence co-operation with the United States, which is still ongoing.

While the German disclosures focused on the isolated fact that senior officials were targeted by US intelligence, WikiLeaks’ publication today provides much greater insight into US spying on its allies, including the actual content of intelligence products deriving from the intercepts, showing how the US spies on the phone calls of French leaders and ministers for political, economic and diplomatic intelligence.

WikiLeaks founder Julian Assange said: “The French people have a right to know that their elected government is subject to hostile surveillance from a supposed ally. We are proud of our work with leading French publishers Liberation and Mediapart to bring this story to light. French readers can expect more timely and important revelations in the near future.”

Find this story at 29 June 2015

Trade Secrets : Is the U.S.’s most advanced surveillance system feeding economic intelligence to American businesses? (1999)

No one is surprised that the United States uses sophisticated electronic spying techniques against its enemies. But Europeans are increasingly worried about allegations that the U.S. uses those same techniques to gather economic intelligence about its allies.
The most extensive claims yet came this spring in a report written for the European Parliament. The report says that the U.S.

National Security Agency, through an electronic surveillance system called Echelon, routinely tracks telephone, fax, and e-mail transmissions from around the world and passes on useful corporate intelligence to American companies.

Among the allegations: that the NSA fed information to Boeing and McDonnell Douglas enabling the companies to beat out European Airbus Industrie for a $ 6 billion contract; and that Raytheon received information that helped it win a $ 1.3 billion contract to provide radar to Brazil, edging out the French company Thomson-CSF. These claims follow previous allegations that the NSA supplied U.S. automakers with information that helped improve their competitiveness with the Japanese (see “Company Spies,” May/June 1994).

Is there truth to these allegations? The NSA is among the most secretive of U.S. intelligence agencies and won’t say much beyond the fact that its mission is “foreign signals intelligence.” The companies involved all refused to comment.

“Since the NSA’s collection capabilities are so grotesquely powerful, it’s difficult to know what’s going on over there,” says John Pike, an analyst at the watchdog group Federation of American Scientists, who has tracked the NSA for years.

This much is known: The NSA owns one of the largest collections of supercomputers in the world, and it’s an open secret–as documented in the European Parliament report–that Echelon vacuums up massive amounts of data from communications satellites and the Internet and then uses its computers to winnow it down. The system scans communications for keywords–“bomb,” for instance–that might tip off analysts to an interesting topic.

Fueling allegations of corporate espionage is the fact that defense contractors and U.S. intelligence agencies are linked extensively through business relationships. Raytheon, for instance, has large contracts to service NSA equipment, according to the European report.

Englishman Glyn Ford, the European Parliament member who initiated the study, wants the NSA to come clean about its activities in Europe. And the Europeans have some leverage on this issue, if they decide to use it. In a drive to improve surveillance, the United States is pressuring European governments to make telephone companies build eavesdropping capabilities into their new systems. But if that’s what the U.S. wants, says Ford, it’s going to have to be open about what information it’s collecting: “If we are going to leave the keys under the doormat for the United States, we want a guarantee that they’re not going to steal the family silver,” he says.

In the meantime, congressional critics have started to wonder if all that high-powered eavesdropping is limited to overseas snooping. In April, Bob Barr (R-Ga.), a member of the House Government Reform Committee, said he was worried by reports that the NSA was engaged in illicit domestic spying.

“We don’t have any direct evidence from the NSA, since they’ve refused to provide any reports, even when asked by the House Intelligence Committee,” Barr says. “But if in fact the NSA is pulling two million transmissions an hour off of these satellites, I don’t think there’s any way they have of limiting them to non-U.S. citizens.”

Last May, after the NSA stonewalled requests to discuss the issue, Congress amended the intelligence appropriations bill to require the agency to submit a report to Congress. (The bill is still in a conference committee.) And the NSA will face more questions when the Government Reform Committee holds hearings on Echelon and other surveillance programs.

“We ought to prevent any agency from the dragnet approach–where they throw out a net and drag anything in,” Barr says.

Kurt Kleiner
Mother Jones November 1, 1999

Find this story at 1 November 1999

Copyright Mother Jones

Inside Toronto’s secret Cold War History

In the 50s and 60s, Soviet and American spies waged a secret war of espionage across the city of Toronto.

At the height of the Cold War, Toronto was the site of an elaborate game of espionage played between the U.S and the Soviet Union, declassified CIA documents show.
The records provide new details about how the CIA and the KGB spied on the city’s growing community of eastern European immigrants.
And those details came as a surprise to at least one Toronto target who learned she was the subject of the CIA investigations.
“I’m amazed. I’m absolutely in shock,” says Ukrainian-born Natalie Bundza, 78, who worked as a travel agent at an agency on Bloor St. when the CIA first began to monitor her travels.
Because of her line of work, Bundza was used to being singled out by Soviet authorities. But when the Star showed her the declassified CIA file bearing her name, Bundza was stunned. The depth and breadth of the information that had been collected on her was startling.
In one of Bundza’s trips to Ukraine in the late ’60s, the CIA had amassed enough intelligence to describe everything from the people she met with overseas to the content of her suitcase, even going as far as to mention the art books she had packed.
“Took many books to Ukraine: several copies of Archipenko’s monograph Hnizdovsky monograph, poetry collections of the New York group, a Bible for Ivan Mykolaychuk,” the file reads.
As a young travel agent in her early 30s, Bundza, who now lives in a bungalow in Etobicoke, would often accompany performance groups and tourists across the Iron Curtain and to the Soviet Union. She believes her job and her friends in the art world made her an attractive target for CIA spies.
Mykolaychuk, an actor, and her other friends, she says, were part of what she calls the “Ukrainian intelligentsia.”
They included famous sculptor Ivan Honchar, poet Ivan Drach, and prominent political activist Dmytro Pavlychko — names which were all dutifully noted by the CIA spy.
“I was constantly followed (by the Soviets). They just knew my background. They knew I was a patriot, that I wasn’t a communist,” she says.
She kept abreast of news from her home country, and she wasn’t afraid to take risks. In her early 30s, Bundza was “all guts, no brains,” she remembers. “I would have knocked on the president’s door if I had to.”
“We were great tourist guides. We took no BS from (the Soviets),” she says.
During one of her organized trips, she noticed that a Soviet customs official had been eyeing the stack of Bibles she carried with her. And so, without prompting, Bundza handed him a copy.
Still, as far as Bundza remembers, she never divulged the minutiae of her travels to anyone — let alone an American spy. How, then, was the CIA able to monitor her travels?
In Toronto, many served as the agency’s eyes and ears.
“This was a period of time when the United States did not know nearly as much about the Soviet Union, whether it be its intentions or its capabilities,” said Richard Immerman, a Cold War historian at Temple University in Philadelphia. For the CIA, the goal was to “put different pieces (together) in the hope that one pattern would emerge.”
Eyewitness accounts were deemed especially important by American intelligence officials.
At the time, it was not uncommon for those venturing beyond the Iron Curtain to spy on behalf of the CIA, says Immerman. “Our aerial surveillance was limited (so) in many cases, those who did travel to the Soviet Union willingly co-operated with the CIA to provide information — whatever information,” he says. “These could be tourists. These could be businessmen. This was not a time when thousands of people from the West would travel to the Soviet Union.”
http://www.foia.cia.gov/sites/default/files/document_conversions/1705143/AERODYNAMIC%20%20%20VOL.%2021_0111.pdf
But for the CIA, Toronto was also rife with potential enemies. In a 1959 declassified file, an American spy describes how 18 Canadians, 11 of whom lived in Toronto, were suspected of working for the KGB. According to the CIA agent, the Canadians had secretly travelled to the Soviet Union and received special training, only to return years later as undercover KGB operatives.
Other suspected KGB spies, such as Ivan Kolaska, had apparently immigrated to Toronto as part of a bold Soviet plan to infiltrate Ukrainian communities overseas. Kolaska, along with other alleged KGB operatives, one of whom lived a double life as a Toronto City Hall employee, regularly met with Soviet diplomats in Toronto, the files say.
http://www.foia.cia.gov/sites/default/files/document_conversions/1705143/AERODYNAMIC%20%20%20VOL.%2033%20%20%28OPERATIONS%29_0048.pdf
In one of those meetings with Soviet embassy staff, the files say, Kolaska revealed the identities of dozens of Ukrainian students who had held a secret meeting in Kyiv. They were later arrested by Soviet authorities, according to the files.
In many of the declassified documents, the CIA’s informants are named. Bundza’s file contains no such information, leaving only one clue as to the identity of the mysterious spy: Bundza’s full name.
There is no mention of a “Natalie Bundza” in the file. Her name is listed as “Natalka” instead.
Only another Ukrainian, she says, would have known her as “Natalka.”
“It must have been someone from the community here.”

By: Laurent Bastien Corbeil Staff Reporter, Published on Thu Jul 02 2015

Find this story at 2 July 2015

© Copyright Toronto Star Newspapers Ltd. 1996-2015

The Spy Among Us

Jack Barsky held a job at some of the top corporations in the U.S. and lived a seemingly normal life — all while spying for the Soviet Union

The following is a script from “The Spy Among Us” which aired on May 10, 2015. Steve Kroft is the correspondent. Draggan Mihailovich, producer.

Tonight, we’re going to tell you a story you’ve probably never heard before because only a few people outside the FBI know anything about it. It’s a spy story unlike any other and if you think your life is complicated, wait till you hear about Jack Barsky’s, who led three of them simultaneously. One as a husband and father, two as a computer programmer and administrator at some top American corporations and three as a KGB agent spying on America during the last decade of the Cold War.

The FBI did finally apprehend him in Pennsylvania but it was long after the Soviet Union had crumbled. What makes Jack Barsky’s story even more remarkable is he’s never spent a night in jail, the Russians declared him dead a long time ago, he’s living a quiet life in upstate New York and has worked in important and sensitive jobs. He’s now free to tell his story…as honestly as a former spy ever can.

Jack Barsky CBS NEWS
Steve Kroft: So who are you?
Jack Barsky: Who am I? That depends when the question is asked. Right now, I’m Jack Barsky. I work in the United States. I’m a U.S. citizen. But it wasn’t always the case.

Steve Kroft: How many different identities do you have?

Jack Barsky: I have two main identities. A German one, and an American one.

“Who am I? That depends when the question is asked. Right now, I’m Jack Barsky. I work in the United States. I’m a U.S. citizen. But it wasn’t always the case.”
Steve Kroft: What’s your real name?

Jack Barsky: My real name is Jack Barsky.

Steve Kroft: And what name were you born with?

Jack Barsky: Albrecht Dittrich. Say that three times real fast.

Steve Kroft: Just say it once slowly…(laughs)

Jack Barsky: Albrecht Dittrich.

How Albrecht Dittrich became Jack Barsky is one of the untold stories of the Cold War, an era when the real battles were often fought between the CIA and the KGB. Barsky was a rarity, a Soviet spy who posed as an American and became enmeshed in American society. For the 10 years he was operational for the KGB, no one in this country knew his real story, not even his family.

Steve Kroft: Did you think you were going to get away with this?

Jack Barsky: Yeah, otherwise I wouldn’t have done it (laughs).

youngbarsky.jpg
Young Jack Barsky
What Barsky did can be traced back to East Germany, back to the days when he was Albrecht Dittrich. A national scholar at a renowned university in Jena, Dittrich was on the fast track to becoming a chemistry professor, his dream job.
Jack Barsky: Didn’t work out that way, because I was recruited by the KGB to do something a little more adventurous.

Steve Kroft: Spy?

Jack Barsky: We called it something different. We used a euphemism. I was going to be a “scout for peace.”

Steve Kroft: A KGB “scout for peace”?

Jack Barsky: That is correct. The communist spies were the good guys. And the capitalist spies were the evil ones. So we didn’t use the word spy.

He says his spying career began with a knock on his dorm room door one Saturday afternoon in 1970. A man introduced himself, claiming to be from a prominent optics company.

Jack Barsky: He wanted to talk with me about my career, which was highly unusual. I immediately, there was a flash in my head that said, “That’s Stasi.”

Steve Kroft: East German secret police?

Jack Barsky: East German secret police, yeah.

60 MINUTES: SEGMENT EXTRAS
HOW DOES A COVERT SPY GET AROUND?
It was a Stasi agent. He invited Dittrich to this restaurant in Jena where a Russian KGB agent showed up and took over the conversation. The KGB liked Dittrich’s potential because he was smart, his father was a member of the Communist party and he didn’t have any relatives in the West. Dittrich liked the attention and the notion he might get to help the Soviets.

Steve Kroft: And what did you think of America?

Jack Barsky: It was the enemy. And, the reason that the Americans did so well was because they exploited all the third-world countries. That’s what we were taught, and that’s what we believed. We didn’t know any better. I grew up in an area where you could not receive West German television. It was called the “Valley of the Clueless.”

For the next couple of years, the KGB put Dittrich through elaborate tests and then in 1973 he was summoned to East Berlin, to this former Soviet military compound. The KGB, he says, wanted him to go undercover.

Jack Barsky: At that point, I had passed all the tests, so they wanted, they made me an offer.

Steve Kroft: But you had been thinking about it all along, hadn’t you?

Jack Barsky: That’s true. With one counterweight in that you didn’t really know what was going to come. Is– how do you test drive becoming another person?

It was a difficult decision, but he agreed to join the KGB and eventually found himself in Moscow, undergoing intensive training.

Jack Barsky: A very large part of the training was operational work. Determination as to whether you’re being under surveillance. Morse code, short wave radio reception. I also learned how to do microdots. A microdot is, you know, you take a picture and make it so small with the use of microscope that you can put it under a postage stamp.

60 MINUTES: SEGMENT EXTRAS
JACK BARSKY SHARES SOME HOW-TOS OF SPYING
The Soviets were looking to send someone to the U.S. who could pose as an American. Dittrich showed a command of English and no trace of an East German accent that might give him away. He learned a hundred new English words every day.

Jack Barsky: It took me forever. I did probably a full year of phonetics training. The difference between “hot” and “hut.” Right? That, that’s very difficult and, and most Germans don’t get that one.

Steve Kroft: Did you want to go to the United States?

Jack Barsky: Oh yeah. Sure. There was New York, there was San Francisco, you know, we heard about these places.

Steve Kroft: Your horizons were expanding…

Jack Barsky: Oh, absolutely. Now I’m really in the big league, right?

Dittrich needed an American identity. And one day a diplomat out of the Soviet embassy in Washington came across this tombstone just outside of D.C. with the name of a 10-year-old boy who had died in 1955. The name was Jack Philip Barsky.

60 MINUTES: SEGMENT EXTRAS
THE ORIGINAL JACK PHILIP BARSKY
Jack Barsky: And they said, “Guess what? We have a birth certificate. We’re going to the U.S.”

Steve Kroft: And that was the Jack Barsky birth certificate.

Jack Barsky: The Jack Barsky birth certificate that somebody had obtained and I was given. I didn’t have to get this myself.

Steve Kroft: Did you feel strange walking around with this identity of a child?

Jack Barsky: No. No. When you do this kind of work, some things you don’t think about. Because if you explore, you may find something you don’t like.

The newly minted Jack Barsky landed in New York City in the fall of 1978, with a phony back story called a legend and a fake Canadian passport that he quickly discarded. The KGB’s plan for him was fairly straightforward. They wanted the 29-year-old East German to get a real U.S. passport with his new name, then become a businessman, then insert himself into the upper echelons of American society and then to get close to National Security Adviser Zbigniew Brzezinski so that he could spy on him.

Jack Barsky: That was the plan. It failed.

Steve Kroft: Why?

Jack Barsky: Because I was not given very good instructions with regard to how to apply for a passport.

When he went to apply for a passport at Rockefeller Center, Barsky was thrown off by the list of questions.

Jack Barsky: Specific details about my past, for which I had no proof. So I walked out of it.

Steve Kroft: Did the KGB have a pretty good grasp on the United States and how things worked there?

Jack Barsky: No.

Steve Kroft: No?

Jack Barsky: Absolutely not. They made a number of mistakes in terms of giving me advice, what to do, what not to do. They just didn’t know.

Left to fend for himself in a country the KGB didn’t understand, he got himself a cheap apartment and tried to make do with a birth certificate and $6,000 dollars in cash the Soviets had given him. His spying career at that point more resembled the bumbling Boris Badenov than James Bond…

Steve Kroft: So you were working as a bike messenger?

Jack Barsky: Right.

Steve Kroft: That doesn’t sound like a promising position for a spy.

Jack Barsky: No. But there were a lot of things that I didn’t know…

Steve Kroft: So how close did you ever get to Brzezinski?

Jack Barsky: Not very.

To get a Social Security card, which he would need if he wanted a real job, Barsky knew he would have to do some acting.

Jack Barsky: It was unusual for a 30-plus-year-old person to, to say, “You know, I don’t have a Social Security card. Give me one.” So in order to make my story stick I made my face dirty. So I looked like somebody who just came off a farm. It worked! The lady asked me, she said, “So how come you don’t, you don’t have a card?” And when the answer was, “I didn’t need one.” “Why?” “Well, I worked on a farm.” And that was the end of the interview.

The Social Security card enabled him to enroll at Baruch College in Manhattan, where he majored in computer systems. He was class valedictorian but you won’t find a picture of him in the school yearbook. In 1984, he was hired as a programmer by Metropolitan Life Insurance where he had access to the personal information of millions of Americans.

Steve Kroft: You were writing computer code?

Jack Barsky: Right. Yes. Lots of it. And I was really good at it.

What he didn’t write, he stole, on behalf of the KGB.

Steve Kroft: What was the most valuable piece of information you gave them?

Jack Barsky: I would say that was the computer code because it was a very prominent piece of industrial software still in use today.

Steve Kroft: This was IBM code?

Jack Barsky: No comment.

Steve Kroft: You don’t want to say?

Jack Barsky: No. It was good stuff. Let’s put it this way, yeah.

Steve Kroft: It was helpful to the Soviet Union…

Jack Barsky: It would’ve been helpful to the Soviet Union and their running organizations and, and factories and so forth.

Steve Kroft: How often did you communicate with the Russians?

Jack Barsky: I would get a radiogram once a week.

Steve Kroft: A radiogram, meaning?

Jack Barsky: A radiogram means a transmission that was on a certain frequency at a certain time.

Every Thursday night at 9:15 Barsky would tune into his shortwave radio at his apartment in Queens and listen for a transmission he believed came from Cuba.

Jack Barsky: All the messages were encrypted that they became digits. And the digits would be sent over as, in groups of five. And sometimes that took a good hour to just write it all down, and then another three hours to decipher.

During the 10 years he worked for the KGB, Barsky had a ready-made cover story.

Steve Kroft: When somebody’d ask you, you know, “Where you from Jack?,” what’d you say?

Jack Barsky: I’m originally from New Jersey. I was born in Orange. That’s it. American. Nobody ever questioned that. People would question my, “You have an accent.” But my comeback was, “Yeah, my mother was German and we spoke a lot of German at home.”

Steve Kroft: You had to tell a lot of lies.

Jack Barsky: Absolutely. I was living a lie.

Steve Kroft: Were you a good liar?

Jack Barsky: The best.

You had to be a good liar to juggle the multiple lives he was leading. Every two years while he was undercover for the KGB, Barsky would return to East Germany and Moscow for debriefings. During one of his visits to East Berlin he married his old girlfriend Gerlinde and they had a son.

Steve Kroft: Did that complicate matters?

Jack Barsky: Initially it wasn’t complicated at all, it got complicated later.

Steve Kroft: Because?

Jack Barsky: Because I got married in the United States to somebody else.

Steve Kroft: Did she know about your other wife in Germany?

Jack Barsky: No.

Steve Kroft: Did your wife in Germany know about the…

Jack Barsky: Not at all.

Steve Kroft: So you had two wives?

Jack Barsky: I did. I’m, I was officially a bigamist. That’s, that’s the one thing I am so totally not proud of.

Steve Kroft: Being a spy was all right. Being a bigamist…

Jack Barsky: In hindsight, you know, I was a spy for the wrong people. But I, this one hurt because I had promised my German wife, that you know, we would be together forever. And I broke that promise. And the one way I can explain it to myself is I had separated the German, the Dittrich from the Barsky to the point where the two just didn’t know about each other.

Not only did he have two different identities, and two wives, he had a son named Matthias in Germany and a daughter named Chelsea in America. And by November 1988, a radiogram from the KGB would force him to make an excruciating choice.

Jack Barsky: I received a radiogram that essentially said, “You need to come home. Your cover may soon be broken and you’re in danger of being arrested by the American authorities.”

Barsky was given urgent instructions from the KGB to locate an oil can that had been dropped next to a fallen tree just off this path on New York’s Staten Island. A fake passport and cash that he needed to escape the United States and return to East Germany would be concealed inside the can.

Jack Barsky: I was supposed to pick up the container and go on, leave. Not even go back home to the apartment, just disappear. The container wasn’t there. I don’t know what I would have done if I had found it, but I know what I did when I didn’t find it. I did not tell them, “repeat the operation.” I made the decision to stay.

Steve Kroft: Why?

Jack Barsky: Because of Chelsea.

Steve Kroft: Your daughter.

Jack Barsky: Yes. If Chelsea’s not in the mix, that’s a no brainer, I’m outta here.

Barsky had chosen Chelsea over Matthias.

Jack Barsky: I had bonded with her. It was a tough one because on the one hand I had a wife and child in Germany but if I don’t take care of Chelsea, she grows up in poverty.

Steve Kroft: This may be a little harsh but it sounds like the first time in your life that you thought about somebody besides yourself.

Jack Barsky: You’re absolutely right. I was quite an egomaniac. I was.

Jack Barsky was still left with the not insignificant matter of telling the KGB that he was staying in America. In a moment, we’ll tell you how he duped the KGB and how the FBI changed his life.

PART TWO
At the end of 1988, Jack Barsky’s 10-year run as a clandestine KGB agent in the United States was about to come to an end. He had ignored Soviet warnings that his cover had been blown and decided to remain in America and not return to his native East Germany. He was taking a chance that no one in America would ever find out who he really was. And he was taking a bigger chance that the KGB wouldn’t retaliate for disobeying an order. The urgency with which the Soviets seemed to view the situation became clear one morning in Queens.

Jack Barsky says he was on his way to work in December 1988, standing and waiting for an “A” train on this subway platform when a stranger paid him a visit.

Jack Barsky: There’s this character in, in a black coat and he sidles up to me and he whispers in my ear, he says, “You gotta come home or else you’re dead.” And then he walked out.

Steve Kroft: Russian accent?

Jack Barsky: Yes.

Steve Kroft: That’s an incentive.

Jack Barsky: It’s an incentive to go.

Steve Kroft: I mean spies get killed all the time.

Jack Barsky: They do. But not me. The entire time I always had this childlike belief that everything would be all right.

“There’s this character in, in a black coat and he sidles up to me and he whispers in my ear, he says, ‘You gotta come home or else you’re dead.’ And then he walked out.”
Steve Kroft: So what are you going to tell the Russians?

Jack Barsky: Well, I (sighs) I sent them, this “Dear John” letter, the goodbye letter in which I stated that I had contracted AIDS and that the only way for me to get a treatment would be in the United States.

Steve Kroft: You just wrote them a letter and said, ‘I can’t come back. I’ve got AIDS”?

Jack Barsky: There’s three things I tell people that the Russians were afraid of. AIDS, Jewish people and Ronald Reagan. And they were deathly…

Steve Kroft: In that order?

Jack Barsky: I think Ronald Reagan took the top spot. They thought he would push the button.

The AIDS letter apparently worked because in East Berlin the Soviets told his German wife Gerlinde he wasn’t coming back.

Jack Barsky: They went to Gerlinde and told her that I had died of AIDS. So I think they just wrote me off completely.

Steve Kroft: You were officially dead in East Germany?

Jack Barsky: Right. After five years she was able to declare me dead.

Once the Berlin Wall fell and the Soviet Union fell apart, Barsky was a man without a country. No one would want him back. He felt his secret was safe in America. He became a family guy, with a wife, two kids, Chelsea and Jessie, and a job. He burrowed himself into suburbia, keeping a low profile.

Jack Barsky: I was settling down, I was living in the, in rural Pennsylvania at the time, in a nice house, with two children. I was, like, typical middle class existence.

And his life would have stayed quiet if a KGB archivist named Vasili Mitrokhin hadn’t defected to the West in 1992 with a trove of notes on the Soviets’ spying operations around the world. Buried deep in his papers was the last name of a secret agent the KGB had deployed somewhere in America: Barsky.

Joe Reilly: We were concerned that he might be running an agent operating in the federal government somewhere. Who knows? In the FBI, the CIA, the State Department. We had no idea.

Joe Reilly was an FBI agent when the bureau got the Mitrokhin tip, and the Barsky case quickly became serious enough that FBI director Louis Freeh got personally involved. The FBI didn’t know who or where he was, but the best lead seemed to be a Jack Barsky who was working as an I.T. specialist in New Jersey, with a suburban home across the border in Mount Bethel, Pennsylvania.

Steve Kroft: Aside from his name was there anything else that made you suspicious and make you think that this was the guy you were looking for?

Joe Reilly: Yes. One thing was the fact that he had applied for a Social Security number late in life. Especially someone like him who was educated and intelligent.

The FBI began following Barsky, and when this surveillance photo caught him talking to a native of Cuba, the bureau grew increasingly concerned.

Joe Barsky: There were some indications that I could possibly be the head of a international spy ring, because I had a friend who was originally from Cuba. And it so happened that this friend owned an apartment that was rented to a Soviet diplomat. So that one and raised all kinds of flags and they investigated me very, very, very carefully.

FBI agent Joe Reilly went so far as to set up an observation post on a hillside behind Barsky’s house. This is a picture he took of his view.

Joe Reilly: I got a telescope and binoculars, as if I was a birdwatcher. But I was looking at his backyard and at him. Over time, I learned a great deal about him.

Steve Kroft: Like what?

Joe Reilly: …just watching him. Well, I became convinced that he loved his children. And that was important because I wanted to know if he would flee. There was less chance of that if, if he was devoted to his children. And he was.

But that wasn’t enough for the FBI. The bureau bought the house next door to get a closer look at the Barskys.

Steve Kroft: Did you get a good deal?

Joe Reilly: I think we paid what he was asking. And we had agents living there so that we could be sure who was coming and going from his house without being too obvious in our surveillance.

Steve Kroft: You had no idea the FBI was living next door to you?

Jack Barsky: No.

Steve Kroft: Never saw…

Jack Barsky: No.

Steve Kroft: …Joe Reilly up on the hill with the binoculars?

Jack Barsky: Absolutely not.

When the FBI finally got authorization from the Justice Department to bug Barsky’s home, the case broke wide open.

Joe Reilly: Within, I’d say, the first two weeks that we had microphones in his house, he had an argument with his wife in the kitchen. And during the course of that dispute, he readily admitted that he was an agent, operating from the Soviet Union.

It was all the FBI needed to move in on Barsky. They set a trap for him at a toll bridge across the Delaware River as he drove home from work late one Friday afternoon in May of 1997.

Jack Barsky: I’m being waved to the side by a state trooper. And he said, “We’re doing a routine traffic check. Would you please get out of the car?” I get out of the car and somebody steps up from, from behind and shows me a badge. And he said, “FBI. We would like to talk to you.”

Joe Reilly: His face just dropped. And we told him that he had to go with us.

Jack Barsky: The first words out of my mouth were, “Am I under arrest?” And the answer was, “No.” Now that took a big weight off of me, so I figured there was a chance to get out of this in one piece. And the next question I asked, “So what took you so long?”

The FBI had rented an entire wing of a motel off Interstate 80 in Pennsylvania for Barsky’s interrogation.

Joe Reilly: But on the way to the motel, I remember turning to him. And I, I told him that this didn’t have to be the worst day of his life. And he immediately realized that he had an out.

Jack Barsky: I said to them, “Listen, I know I have only one shot out of this and that means I need to come clean and be 100 percent honest and tell you everything I know.”

The FBI questioned Barsky throughout the weekend and gave him a polygraph test that he passed. Convinced that his spying days were over, and that his friendship with the Cuban was just that, the FBI decided to keep the whole thing quiet and allowed Barsky to go back to work on Monday morning.

Steve Kroft: Was he charged with something?

Joe Reilly: No.

Steve Kroft: Even though he confessed to being a Soviet spy?

Joe Reilly: Yes.

Steve Kroft: That seems odd.

Joe Reilly: Well, we wanted him to cooperate with us. We didn’t want to put him in jail. He was no use to us there.

Barsky continued to meet not only with the FBI but with the National Security Agency to offer his first-hand insights into the KGB and the Russians.

Jack Barsky: I was able to provide them with a lot of valuable information how the KGB operated.

The only people who were aware of his secret were the FBI and Penelope, his wife in America, who subsequently filed for divorce. His daughter Chelsea, then a teenager, knew only that he wanted to tell her something when she turned 18. That day finally arrived on a four-hour drive to St. Francis University.

Chelsea: He started chuckling to himself and he said, “Well, I’m a, I was a spy. I was a KGB spy.” I was like “What? Really?”

Jack also revealed to Chelsea why he had decided to stay in America.

Chelsea: He said that, you know, he fell in love with me and my, my curls when I was a little baby. And then I cried.

Steve Kroft: Did he tell you everything?

Chelsea: No, he didn’t. He didn’t tell me 100 percent the whole truth. He left some things out at that point.

Jack Barsky: I told her everything that you can tell in four hours that is age appropriate. She was still a teenager. I may not have told her that I was married in Germany.

He waited another two years before he matter-of-factly dropped another bombshell about his past.

Chelsea: He just looked straight ahead at the TV. And he said, “Did I tell you you have a brother?” And I turned my head. I’m like, “What? Are you serious?”

The half brother was Matthias, the boy Jack had left behind in Germany. Chelsea was determined to find him. Jack didn’t like the idea.

Jack Barsky: I did not feel comfortable getting in touch with him. I did not feel comfortable with my acknowledging my German past.

After a year of trying to track him down online, Chelsea finally got a reply from Matthias…

Chelsea: The subject line said, “Dear little sister.” And when I saw, “Dear little sister,” I just started weeping, because that meant everything to me. That meant that he accepted me.

Matthias: And this is me…

A month later, Matthias was in Pennsylvania visiting Chelsea and her brother Jessie. They hit it off. Matthias wasn’t interested in seeing his father, then changed his mind.

barksys-american-kids-with-his-german-son.jpg
Barsky’s children, from left: Jessie, Matthias and Chelsea
Steve Kroft: Was it awkward?
Jack Barsky: I just remember he stared at me for a couple of minutes. He just stared at me.

Steve Kroft: I mean he had reason to be angry with you.

Jack Barsky: When I told him the dilemma that I was faced with, he actually said, “I understand.”

Steve Kroft: And what’s your relationship like with Matthias now?

Jack Barsky: He feels like he’s my son.

Gerlinde, the wife in Germany who thought he was dead, wants nothing to do with Jack today – or with 60 Minutes.

He has remarried and has a four-year-old daughter. They live in upstate New York where Jack has worked as director of software development for a company that manages New York’s high voltage power grid, a critical piece of U.S. infrastructure. When he told his employer recently that he had once been a KGB spy, he was placed on a paid leave of absence. Before becoming an American citizen last year, he had been given a clean bill of health by the FBI and U.S. intelligence agencies. But in the world of espionage it’s often difficult to tell what’s true and what’s legend.

Steve Kroft: Are you telling the truth right now?

Jack Barsky: I am, absolutely. The truth as far as I know it. Yes.

Steve Kroft: As far as you know it?

Jack Barsky: Well, you know, sometimes memory fails you. But I am, I am absolutely not holding back anything.

Steve Kroft: Why tell the story now?

Jack Barsky: I want to meet my maker clean. I need to get clean with the past. I need to digest this fully.

The FBI agent who apprehended him, Joe Reilly, still believes in Barsky. And in yet another twist to this story, the two are good friends and golfing buddies.

Joe Reilly: He’s a very honest person. And if you want to find out how honest someone is, play golf with them.

Steve Kroft: But you’re a former FBI guy and he’s a former spy. What’s the bond?

Joe Reilly: It’s personal. He credits me for keeping him out of prison.

After nearly 30 years, Jack Barsky went back to visit a unified Germany, first in October, then again last month.

[Jack Barsky: So that was essentially the very beginning of my career…]

He showed his kids where this improbable tale began and some other key settings in his odyssey. And he caught up with old classmates who knew him as Albrecht Dittrich.

barsky-in-germany-with-his-american-kids.jpg
Barsky in Germany with his American children CBS NEWS
Steve Kroft: When you’re here in Germany…
Jack Barsky: Yeah…

Steve Kroft: …are you Albrecht or are you Jack?

Jack Barsky: No, I’m Jack. I am 100 percent Jack. You know, the, I let the Albrecht out and sometimes he interferes, but they, they get along very well now (laughs)…

The Berlin wall, which once divided east and west, is now gone except for a section that has been turned into an art display. Checkpoint Charlie, once the epicenter of the Cold War, is now a tourist attraction, full of kitsch. Statues of Karl Marx and Friedrich Engels still stand in the eastern part of Berlin, relics of another era as is the man who straddled two worlds and got away with it.

2015 May 10 CORRESPONDENT Steve Kroft

Find this story at 10 May 2015

© 2015 CBS Interactive Inc. All Rights Reserved.

FBI Spied ‘Beyond Its Authority’ on Keystone XL Opponents

New investigation reveals agency’s actions amounted to ‘substantial non-compliance’ with its own rules

The FBI violated its internal rules while spying on Tar Sands Blockade activists in Texas protesting the Keystone XL pipeline, a new report shows. (Photo: Tar Sands Blockade/flickr/cc)
The Federal Bureau of Investigation (FBI) broke its own internal rules when it spied on Keystone XL opponents in Texas, violating guidelines designed to prevent the agency from becoming overly involved in complex political issues, a new report by the Guardian and Earth Island Journal published Tuesday has revealed.

Internal documents acquired by the outlets through a Freedom of Information Act (FOIA) request show how the FBI failed to get approval for launching investigations into Houston-based protesters, whom the agency labeled “environmental extremists,” and held a bias in favor of the controversial tar sands pipeline—currently awaiting federal approval—extolling its supposed economic benefits in one document which outlined reasons for spying on its opponents.

“Many of these extremists believe the debates over pollution, protection of wildlife, safety, and property rights have been overshadowed by the promise of jobs and cheaper oil prices,” the file states. “The Keystone pipeline, as part of the oil and natural gas industry, is vital to the security and economy of the United States.”

The Guardian reports:

Between November 2012 and June 2014, the documents show, the FBI collated inside knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinised police intelligence and cultivated at least one informant.

….However, the partially redacted documents reveal the investigation into anti-Keystone activists occurred without prior approval of the top lawyer and senior agent in the Houston field office, a stipulation laid down in rules provided by the attorney general.

Additionally, the FBI appeared to have opened its file on the Keystone XL opponents in 2013 following a meeting between officials from the agency and TransCanada, the company building the pipeline.

“For a period of time—possibly as long as eight months—agents acting beyond their authority were monitoring activists aligned with [direct action climate group] Tar Sands Blockade,” the Guardian writes.

Dozens of activists were arrested in Texas in late 2012, although none were accused of violent crime or property damage, according to key Tar Sands Blockade organizer, Ron Seifert.

“Less than a month after TransCanada showed the FBI a PowerPoint claiming that people opposed to [Keystone XL] need to be watched, Houston’s FBI office cuts corners to start an investigation; it’s not surprising but it is revealing of who they really work for,” Seifert told Common Dreams on Monday. “The FBI has been harassing and actively repressing communities of organizers for decades.”

Yet more records show that the FBI associated the Tar Sands Blockade, which organizes peaceful protests, with other “domestic terrorism issues.”

Other documents suggest that the Houston-based investigation was only one of a larger probe, possibly monitoring other anti-Keystone XL activists around the country.

“We’re not surprised,” Seifert continued. “We’re also not deterred. Movements for climate and environmental justice are activating people from diverse political backgrounds to take direct action to defend themselves from threats like [Keystone XL]. People are stepping out of the blind alleys of electoral politics and building grassroots power, and that’s scary for people who want a monopoly on power.”

Tuesday, May 12, 2015
byCommon Dreams
byNadia Prupis, staff writer

Find this story at 12 May 2015

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

As Internal Docs Show Major Overreach, Why Is FBI Spying on Opponents of Keystone XL Pipeline?

A new report confirms for the first time that the FBI spied on activists in Texas who tried to stop the construction of the Keystone XL pipeline. Documents from the FBI reveal it failed to get approval before it cultivated informants and opened its investigation, which was run from its Houston field office. The files document “substantial non-compliance” with Department of Justice rules. The Tar Sands Blockade mentioned in that report was one of the main groups targeted by the FBI. Agents in Houston office also told TransCanada they would share “pertinent intelligence regarding any threats” to the company in advance of protests. We are joined by Adam Federman, contributing editor to Earth Island Journal and co-author of the new investigation published by The Guardian, “Revealed: FBI violated its own rules while spying on Keystone XL opponents.” In February, he also revealed how the FBI has recently pursued environmental activists in Texas, Pennsylvania, Oregon, Washington and Idaho for “little more than taking photographs of oil and gas industry installations.”

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

JUAN GONZÁLEZ: A new report confirms for the first time that the FBI spied on activists in Texas who tried to stop the construction of the Keystone XL pipeline. The report is based on FBI documents obtained by The Guardian and the Earth Island Journal. The documents also reveal that the FBI failed to get approval before it cultivated informants and opened its investigation, which was run from its Houston field office. The files document, quote, “substantial non-compliance” with Department of Justice rules. Much of the FBI’s surveillance took place between November of 2012 and June 2014.

AMY GOODMAN: The Tar Sands Blockade mentioned in the report was one of the main groups targeted by the FBI. Agents in Houston also told TransCanada they would share, quote, “pertinent intelligence regarding any threats” to the company in advance of protests.

For more, we are joined by Adam Federman, contributing editor to Earth Island Journal, co-author of this new investigation that was published by The Guardian. It’s headlined “Revealed: FBI Violated Its Own Rules While Spying on Keystone XL Opponents.” In February, he also revealed how the FBI has recently pursued environmental activists in Texas, Pennsylvania, Oregon, Washington and Idaho for, quote, “little more than taking photographs of oil and gas industry installations.”

Adam Federman, thank you so much for joining us from Burlington, Vermont. Talk about this most recent exposé. How do you know the FBI was spying on those who are opposed to the Keystone XL?

ADAM FEDERMAN: Yeah, the recent investigation is based on more than 80 pages of documents that we obtained through a Freedom of Information Act request. And the most striking thing about them is that they demonstrated for the first time that the FBI opened an investigation into anti-Keystone pipeline campaigners in Texas in 2012, late 2012, and that investigation continued through 2013, despite the fact that it was opened without proper approval from within the FBI. And what’s interesting about them is that they show extensive interest in Tar Sands Blockade and activists organizing in Houston, particularly in, yeah, neighborhoods in East Houston, where tar sands oil would eventually end up at the refineries that are based there.

JUAN GONZÁLEZ: And in terms of the most surprising revelations that you found in these documents, could you talk about that?

ADAM FEDERMAN: Yeah, there are several. I mean, the fact that the investigation was opened without proper approval is probably most noteworthy. The FBI requires approval from legal counsel and a senior agent for investigations that are described as sensitive, and those include investigations into political or religious organizations, media institutions, academic institutions, and basically they set a higher threshold for opening an investigation. So, the fact that the Houston domain failed to do that obviously violates agency protocol.

But I think, more broadly, the documents also sort of illuminate the FBI’s characterization of environmental organizations and activism in the country. You know, the sort of opening salvo in the investigation is a synopsis of what they call environmental extremism, and that sort of undergirds the entire investigation and has also—you know, we’ve seen the same sort of language used in other contexts, not just surrounding Keystone pipeline.

AMY GOODMAN: Adam, many of the—looking at the quotes in the FBI documents, they talk about, as you said, the environmental extremists and say, quote, “Many of these extremists believe the debates over pollution, protection of wildlife, safety, and property rights have been overshadowed by the promise of jobs and cheaper oil prices. The Keystone pipeline, as part of the oil and natural gas industry, is vital to the security and economy of the United States.” Can you explain these documents?

ADAM FEDERMAN: Yeah, I mean, that quote is really quite amazing for a number of reasons. Mike German, a former FBI agent who’s now at the Brennan Center and who we worked with on this story, you know, said that that characterization would include just about anyone who watches the evening news. I mean, it’s such a broad brush to tar—to describe environmental activists as extremists simply for being concerned about things like pollution, wildlife and property rights.

And then the FBI also goes on to claim that the Keystone pipeline is vital to the national security and economy of the United States, which of course is highly controversial and contested. And as I’m sure your viewers know, the State Department is still deliberating over whether to approve the northern leg of the pipeline itself. So that question remains open; however, it seems that the FBI has taken it upon its own to suggest that the pipeline is crucial to U.S. national security and financial security.

JUAN GONZÁLEZ: I wanted to ask you about the 2010 intelligence bulletin from the FBI Domestic Terrorism Analysis Unit that you obtained. It warned that, even though the industry had encountered only low-level vandalism and trespassing, recent “criminal incidents” suggested environmental extremism was on the rise. The FBI concluded, quote, “Environmental extremism will become a greater threat to the energy industry owing to our historical understanding that some environmental extremists have progressed from committing low-level crimes against targets to more significant crimes over time in an effort to further the environmental extremism cause.”

ADAM FEDERMAN: Yeah, it’s a fascinating document. And the story behind how I obtained it is because of the fact that that very document was used by the Pennsylvania Department of Homeland Security to justify surveillance of anti-fracking groups in the state. And it essentially captures the FBI’s thinking on, you know, the threat of environmental extremism to—specifically to the energy industry. And this is laid out, as you say, in 2010, so I think that this is sort of the foundation for the FBI’s approach to the environmental movement more broadly. And I think, with these more recent documents, we’re seeing that sort of carried out in real time. And we also know that the FBI has had high-level meetings with TransCanada and that local and state law enforcement along the pipeline route and in Pennsylvania and elsewhere has actively investigated and spied on environmental activists of, you know, all stripes. And it’s quite systematic, and I do think that the FBI is in many ways leading the charge.

AMY GOODMAN: You report the FBI’s monitoring of Tar Sands Blockade activists failed to follow proper protocols for more than eight months. I want to read the FBI’s response: quote, “While the FBI approval levels required by internal policy were not initially obtained, once discovered, corrective action was taken, non-compliance was remedied, and the oversight was properly reported through the FBI’s internal oversight mechanism.” That’s what the FBI said, acknowledging they didn’t initially get approval. Adam, as we wrap up right now, if you can talk about what—the legality of what the FBI did, in what you released today in the Earth Island Journal and The Guardian, and also in your past reporting on FBI spying on activists?

ADAM FEDERMAN: Well, I think, unfortunately, it’s perhaps not the exception that the FBI has opened an investigation without proper approval. In 2011, the inspector general issued a report showing widespread cheating on a test that was designed to prevent this very kind of thing from happening. So it essentially demonstrates a lack of internal control. But more broadly speaking, the question that I think we need to be asking is whether the investigation, opened properly or not, should have been conducted to begin with. I mean, Tar Sands Blockade is committed to nonviolent civil disobedience. They’ve been very open and transparent about their activism and work. And I think the question is whether this investigation should have been opened to begin with, and, quite frankly, if the FBI is actively investigating other anti-Keystone pipeline activists or anti-fracking activists in other states.

AMY GOODMAN: Adam Federman, we want to thank you for being with us, contributing editor to Earth Island Journal, where he covers the intersection between law enforcement and the environment. He co-authored the new investigation published by The Guardian, “Revealed: FBI Violated Its Own Rules While Spying on Keystone XL Opponents.” We’ll link to that story at democracynow.org. When we come back, it’s the 30th anniversary of the MOVE bombing, when the Philadelphia police bombed a neighborhood. Stay with us.

WEDNESDAY, MAY 13, 2015

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Keystone protesters tracked at border after FBI spied on ‘extremists’

More than 18 months after federal investigation violated internal rules, activists say they were still watchlisted at the airport, visited at home by a terrorism task force and detained for hours because they ‘seemed like protesters’

An activist was placed on a US government watchlist for domestic flights after being swept up in an FBI investigation into protests of the Keystone XL pipeline, linking a breach of intelligence protocol with accounts of continued tracking that environmentalists fear could follow them for life.

Revealed: FBI violated its own rules while spying on Keystone XL opponents
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Twenty-five-year-old Bradley Stroot is one of several campaigners to go public, after the Guardian revealed an FBI investigation that labeled them “environmental extremists”, with new allegations of a continued crackdown. From an hours-long detention at the US border to a home visit by a terrorism task force and an encounter with police searching for bombs, the activists say law enforcement has tracked them from a peaceful Texas protest of the highly contentious oil project in 2012 and 2013 to the tony suburbs of Indianapolis as recently as the end of last year.

Stroot told the Guardian that when he flew back to Texas to visit a friend last December, he learned that he was on a watchlist – known as a “Secondary Security Screening Selection” – and was subjected to more invasive airport security measures.

The FBI’s investigation into anti-Keystone activists was closed in June 2014 due to a lack of credible intelligence regarding threats to the pipeline and extremist activity.

According to internal agency documents obtained by the Guardian and Earth Island Journal, it was discovered in August 2013 that the FBI’s investigation had been opened without proper approval from the chief legal counsel of the agency’s Houston division and a senior agent, resulting in a report of “substantial non-compliance” with rules set out by the US Justice Department.

But before the internal violations were discovered, information on Stroot and several other activists was included in FBI files. Now, interviews with Stroot, who was held up at Chicago’s O’Hare airport six months after the investigation was closed, and other protesters indicate that they are still being monitored by law enforcement.

Stroot and two other people involved in the protests were described in the files as having separate, larger “Subject” files in the FBI’s Guardian Threat Tracking System, a repository for suspicious activity reports and counterterrorism threat assessments that can be searched by all FBI employees.

How the US’s terrorism watchlists work – and how you could end up on one
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Hugh Handeyside, an attorney with the ACLU in New York, said the government’s suspicious activity reporting program is often tied to placement on a watchlist.

“Both label people as suspicious according to low standards that inevitably include innocent conduct,” he said. “And this case shows that the two may be linked.”

According to a long-withheld US watchlist guidance document published last year by the Intercept, people who do not meet the criteria for inclusion on the no-fly list but who are associated with “terrorist activity” may be placed on a selectee list like the one Bradley Stroot found himself on. Some 16,000 people – 1,200 of them US citizens – have been identified as so called “selectees” who must undergo heightened screenings at border crossings or airports.

From photos at the pipeline to a pat-down at the airport
fbi stroot
Bradley Stroot was one of three people detained by Houston police for taking photographs of an endpoint for the proposed Keystone XL pipeline. Four days later, a terrorism unit of the FBI reviewed the incident. Information on Stroot and other ‘suspicious individuals’ was kept in the agency’s ‘Guardian’ repository for tracking suspicious activity and terrorism-involved activities.
On 13 December 2014, Stroot said, he prepared to board a flight from Chicago to Dallas to see an old friend – his first air travel since his 10-month involvement in a campaign in the Houston area against the proposed Keystone project.

While in Texas the first time, he had been arrested once for trespassing after taking part in a widely publicized occupation of part of the pipeline route that included a “tree village”.

And on 15 November 2012, Stroot and two other activists were stopped by the Houston police department while taking photos of the Valero refinery, one of the endpoints for tar sands oil. Although they were not charged with any crime, details of the incident ended up in an FBI file – part of more than 80 pages of internal FBI documents obtained through a Freedom of Information Act request – that described the activists as “suspicious individuals”. Four days later, the police officers met with members of the FBI’s Joint Terrorism Task Force to discuss the incident.

The encounter with the Houston police left Stroot somewhat shaken but determined to continue protesting. He says he had flown once to Europe – before the Keystone campaign began in Texas in 2012 – and had no issues.

But when he printed his American Airlines plane ticket in December, he noticed four S’s in large black letters in the top left corner. So-called “Secondary Security Screening Selection” helps Transportation Security Administration and Department of Homeland Security officers single out travelers, with no explanation, for heightened screening at airports.

bradley stroot pass
Secondary Security Screening Selection (SSSS) led Bradley Stroot to a more invasive pat-down on both legs of his return trip to Texas. Photograph: Courtesy of Bradley Stroot
When Stroot arrived at Chicago O’Hare, he said, he was subjected to heightened security screening – removed from the main passenger line and taken to a separate holding area where another airline security official was waiting. His bags, Stroot alleged, were carefully searched and he was subjected to a more invasive pat-down. He said the same thing happened on his return flight to Chicago.

“They pull you out of line, swab down all of your shit with tongue depressor-like things, and check for bomb-making materials,” Stroot said.

TSA’s failures start long before screeners fail to detect bombs in security tests
Jason Edward Harrington
Read more
But there were signs that Stroot had become a subject of interest to law enforcement even before he learned he was on a watchlist.

One night in spring 2013, just a few months after he had returned home to Indiana from Texas, Stroot said he was helping out at a makeshift homeless shelter in Bloomington, sleeping in a friend’s truck, when a police officer knocked on the window and asked for identification.

When the officer returned from running his ID, Stroot claims that he was aggressively questioned and that the officer asked if he could look in the truck, which had an open cab. “You could see there was nothing in it,” Stroot said.

After what he recalls as minutes more of questioning, Stroot said the officer finally asked if he had “any bomb-making materials”.

From video in the trees to detention at the border – and at home
Tar Sands Blockade occupy the corporate offices of TransCanada on 7 January 2013 Facebook Twitter Pinterest
Andrew Neef took part in a January 2013 protest at the Houston offices of TransCanada, the Canadian oil giant that would oversee the Keystone XL pipeline. Internal FBI documents show the agency willing to share ‘any pertinent intelligence regarding any threats’ with the company; the documents also show Neef included in files describing ‘Threats to Keystone XL Pipeline Projects’. Photograph: Tar Sands Blockade
Stroot is not the only anti-Keystone XL activist who has been targeted since the Texas protest campaign and parallel FBI investigation.

Elizabeth Arce, a 27-year-old independent journalist, traveled to Texas with a friend in October 2012 to help document the tree sit-in that ended in Stroot’s arrest. After spending a week in the trees live-streaming video of the protest, she said, they ran out of batteries and descended, hoping that as journalists they might avoid arrest from the police waiting underfoot.

I think the storyline of TransCanada and authorities communicating further than we think is plausible
Elizabeth Arce
Arce and her friend, Lorenzo Serna, were arrested for trespassing but all the charges were dropped.

In April 2013, Arce was on her way to Canada for an Earth Day event hosted by an indigenous group in Ontario. At the border crossing in Minnesota, Arce said, Canadian border agents asked her about the arrest in Texas, searched her car and eventually let her pass.

But this past August, Arce said she, Serna and another friend were driving to Canada to document the aftermath of the Mount Polley mine disaster in British Columbia and were denied entry.

At the crossing in Sweetgrass, Montana, Arce said agents at the border asked her detailed questions about her arrest in Texas. They searched the car for “hours”, she said, going through every piece of luggage and scrap of paper, even referring to her trombone as a “noisemaker”. After being detained for five hours, she said she and her friends were told that they could not cross into Canada because, she remembered an agent telling her, they “seemed like protesters”.

In the FBI files, the agency’s Houston office said it would share “any pertinent intelligence regarding any threats” with TransCanada, the Canadian oil giant that has been lobbying for years to oversee the transport of tar sands oil from Canada to the Texas Gulf coast. The project is still awaiting approval from the Obama administration.

“I think the storyline of TransCanada and authorities communicating further than we think is plausible,” Arce said.

(In a statement, TransCanada said the company does not “direct law enforcement” but that “law enforcement officials have asked us on a number of occasions about our experience along the Gulf Coast Pipeline so they can determine what they may expect when Keystone XL construction begins”.)

Andrew Neef, a 31-year-old data archivist from Minnesota, also spent time in Texas in 2012 and 2013. He was part of a mass action on 7 January 2013, at the Houston offices of TransCanada, and was arrested for trespassing along with another activist, Alec Johnson. Because he did not have a permanent address at the time and was not living in Texas, Neef entered his parents’ address on the police report. Neef and Johnson are both referred to in the FBI files obtained by the Guardian, which detail that the FBI had advance knowledge of the TransCanada sit-in and debriefed an informant on the event after it happened.

stroot fbi
An internal FBI document detailing the January 2013 arrest of Andrew Neef and Alec Johnson labeled them as ‘Threats to Keystone XL Pipeline Projects’. Neef said the peaceful protest haunted him, with authorities later showing up at his parents’ front door.
About a month after the Houston arrest, Neef said his parents were visited by members of the Indiana division of the FBI’s joint terrorism task force at their home in Carmel, an upscale Indianapolis suburb.

According to Neef, who also works as an independent-media journalist, the agents asked his parents several questions about the people he knew, whom he was working with, and where his funding came from. They also wanted to know, Neef said, if he was involved in anti-fracking campaigns.

“They wanted me to contact them,” Neef said, “and probably become some kind of snitch.”

(The FBI’s Houston field office did not respond to a detailed list of questions for this article.)

More than a year later, the FBI investigation into anti-Keystone pipeline campaigners in Texas was formally closed due to a “lack of reporting and/or extremist activity”. But the FBI retains data on individuals even if the purported threat turns out to be non-existent.

For young activists like Bradley Stroot, the stigma of being on a government watchlist can last for years. Stroot said he was resigned to the “new reality” that he may be on the list for “the rest of my life or a very long period”.

Once an individual has been placed on the selective screening watchlist, there is very little he or she can do to get removed from it, said Handeyside of the ACLU, or even find out why he or she was put on it in the first place.

“There’s no due process for these people,” he said.

Adam Federman is a contributing editor of Earth Island Journal.
Monday 8 June 2015 13.30 BST Last modified on Wednesday 17 June 2015 21.30 BST

Find this story at 8 June 2015

© 2015 Guardian News and Media Limited

Revealed: FBI violated its own rules while spying on Keystone XL opponents

Houston investigation amounted to ‘substantial non-compliance’ of rules
Internal memo labels pipeline opponents as ‘environmental extremists’
FBI failed to get approval before it opened files on protesters in Texas

The FBI breached its own internal rules when it spied on campaigners against the Keystone XL pipeline, failing to get approval before it cultivated informants and opened files on individuals protesting against the construction of the pipeline in Texas, documents reveal.

Internal agency documents show for the first time how FBI agents have been closely monitoring anti-Keystone activists, in violation of guidelines designed to prevent the agency from becoming unduly involved in sensitive political issues.

The hugely contentious Keystone XL pipeline, which is awaiting approval from the Obama administration, would transport tar sands oil from Canada to the Texas Gulf coast.

It has been strongly opposed for years by a coalition of environmental groups, including some involved in nonviolent civil disobedience who have been monitored by federal law enforcement agencies.

The documents reveal that one FBI investigation, run from its Houston field office, amounted to “substantial non-compliance” of Department of Justice rules that govern how the agency should handle sensitive matters.

One FBI memo, which set out the rationale for investigating campaigners in the Houston area, touted the economic advantages of the pipeline while labelling its opponents “environmental extremists”.

FBI Keystone memo Facebook Twitter Pinterest
An FBI memo labels opponents of the controversial pipeline as ‘environmental extremists’. Photograph: Guardian
FBI Keystone memo Facebook Twitter Pinterest
An FBI memo detailing ‘non-compliance’ by the Houston field office. Photograph: Guardian
“Many of these extremists believe the debates over pollution, protection of wildlife, safety, and property rights have been overshadowed by the promise of jobs and cheaper oil prices,” the FBI document states. “The Keystone pipeline, as part of the oil and natural gas industry, is vital to the security and economy of the United States.”

The documents are among more than 80 pages of previously confidential FBI files obtained by the Guardian and Earth Island Journal after a request under the Freedom of Information Act.

Between November 2012 and June 2014, the documents show, the FBI collated inside knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinised police intelligence and cultivated at least one informant.

It is unclear whether the source or sources were protesters-turned-informants, private investigators or hackers. One source is referred to in the documents as having had “good access and a history of reliable reporting”.

The FBI investigation targeted Tar Sands Blockade, a direct action group that was at the time campaigning in southern Texas.

However, the partially redacted documents reveal the investigation into anti-Keystone activists occurred without prior approval of the top lawyer and senior agent in the Houston field office, a stipulation laid down in rules provided by the attorney general.

Confronted by evidence contained in the cache of documents, the agency admitted that “FBI approval levels required by internal policy were not initially obtained” for the investigation, but said the failure was remedied and later reported internally.

The FBI files appear to suggest the Houston branch of the investigation was opened in early 2013, several months after a high-level strategy meeting between the agency and TransCanada, the company building the pipeline.

For a period of time – possibly as long as eight months – agents acting beyond their authority were monitoring activists aligned with Tar Sands Blockade.

Tar Sands Blockade appeared on the FBI’s radar in late 2012, not long after the group began organising in east Houston, the end destination for Keystone’s 1,660-mile pipeline.

Environmental activists affiliated with the group were committed to peaceful civil disobedience that can involve minor infractions of law, such as trespass. But they had no history of violent or serious crime.

Ron Seifert, a key organiser at Tar Sands Blockade, said dozens of campaigners were arrested in Texas for protest-related activity around that time, but not one of them was accused of violent crime or property destruction.

The group focused on Houston’s heavily industrialised neighbourhood of Manchester, where the Valero Energy Corporation has a massive refinery capable of processing heavy crude oil.

Between early November 2012 and June 2014, the documents show, the FBI collated inside-knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinised police intelligence and cultivated at least one informant.

FBI memo Facebook Twitter Pinterest
‘The Houston Division had identified an emerging threat from environmental extremists targeting construction projects of the TransCanada Keystone XL Pipeline within the Houston Domain.’ Photograph: Guardian
It is unclear whether the source or sources were protesters-turned-informants, private investigators or hackers. One source is referred to in the documents as having had “good access, and a history of reliable reporting”.

At one point, the FBI’s Houston office said it would share with TransCanada “any pertinent intelligence regarding any threats” to the company in advance of a forthcoming protest.

One of the files refers to Houston police officers who stopped two men and a woman taking photographs near the city’s industrial port, noting they were using a “large and sophisticated looking” camera.

Two of the individuals were described as having larger subject files in the FBI’s Guardian Threat Tracking System.

In another incident, the license plate belonging to a Silver Dodge was dutifully entered into the FBI’s database, after a “source” spotted the driver and another man photographing a building associated with TransCanada.

Sensitive matters
The FBI rules, laid out in the FBI’s Domestic Investigations and Operations Guide, dictate that special care should be taken over sensitive investigations such as those targeting elected officials, journalists and political organisations.

FBI work on “sensitive investigative matters” requires prior approval of both the chief division counsel (CDC), the top lawyer in the field office, and the special agent in charge (SAC).

Both are supposed to consider the severity of the threat and the consequences of “adverse impact on civil liberties and public confidence” should the investigation be made public.

Keystone protest Facebook Twitter Pinterest
Tar Sands Blockade occupy the corporate offices of TransCanada in January 2013. Photograph: Laura Borealis/Tar Sands Blockade
However, neither Houston’s CDC or SAC were consulted in relation to the FBI’s monitoring of Tar Sands Blockade activists, the documents show.

Explaining the breach of protocols, the FBI said in a statement that it was committed to “act properly under the law”.

“While the FBI approval levels required by internal policy were not initially obtained, once discovered, corrective action was taken, non-compliance was remedied, and the oversight was properly reported through the FBI’s internal oversight mechanism,” it said.

The FBI did not deny opening an investigation into anti-Keystone campaigners, and said it was compelled to “take the initiative to secure and protect activities and entities which may be targeted for terrorism or espionage”.

But the precise nature of the FBI’s investigation, which continued for almost a year after the Houston Division acknowledged it had violated protocol, remains unclear.

The documents appear to suggest the investigation was one branch of a wider set of investigations, possibly including anti-Keystone activists elsewhere in the country.

The documents connect the investigation into anti-Keystone activists to other “domestic terrorism issues” in the agency and show there was some liaison with the local FBI “assistant weapons of mass destruction coordinator”.

Mike German, a former FBI agent, who assisted the Guardian in deciphering the bureau’s documentation, said they indicated the agency had opened a category of investigation that is known in agency parlance as an “assessment”.

Introduced as part of an expansion of FBI powers after 9/11, assessments allow agents to open intrusive investigations into individuals or groups, even if they have no reason to believe they are breaking the law.

German, now a fellow at the Brennan Center for Justice in New York, said the documents also raised questions over collusion between law enforcement and TransCanada.

“It is clearly troubling that these documents suggest the FBI interprets its national security mandate as protecting private industry from political criticism,” he said.

According to the FBI documents, the FBI concluded there were “no adverse consequences” emanating from its failure to seek approval for the sensitive investigation, noting the mistake was later “remedied”.

The investigation continued for 11 months after the mistake was spotted. It was closed after the FBI’s Houston division acknowledged its failure to find sufficient evidence of “extremist activity”.

Before closing the case, however, agents noted the existence of a file that was to be used as a repository for future intelligence “regarding the Keystone XL pipeline”.

Since then, at least a dozen anti-tar sands campaigners in Oregon, Washington, and Idaho have been contacted by the FBI. The agency has said they are not under investigation.

Adam Federman is a contributing editor of Earth Island Journal
Paul Lewis in Washington and Adam Federman
Tuesday 12 May 2015 11.59 BST Last modified on Tuesday 12 May 2015 23.11 BST

Find this story at 12 May 2015

© 2015 Guardian News and Media Limited

F.B.I. Says It Broke Its Rules in Inquiry of Keystone Pipeline Opponents

WASHINGTON — The Federal Bureau of Investigation violated its own guidelines in 2013 when it investigated environmental advocates who opposed the Keystone XL pipeline, the F.B.I. acknowledged on Tuesday.

The bureau had received information about plots to damage part of the existing Keystone pipeline, which moves oil from Canada to the Gulf of Mexico, according to federal law enforcement officials. The proposed Keystone XL pipeline would create a shortcut for a significant section of the system.

As part of the investigation, agents at the F.B.I.’s field office in Houston communicated with sources, who gathered information from environmental advocates. The agents also conducted database searches on the advocates and reviewed local law enforcement reports about them. But the agents had not received approval from the head of their office and from its chief lawyer.

Continue reading the main story
RELATED COVERAGE

Paula Antoine at a “spirit camp” set up by the Rosebud Sioux tribe near the planned route of Keystone XL in South Dakota.Grass-Roots Push in the Plains to Block the Keystone Pipeline’s PathMAY 5, 2015
That authorization was required under F.B.I. investigative guidelines intended to prevent agents from abusing powers that are most often used in national security and criminal investigations.

After an audit led by the bureau’s headquarters in Washington revealed that the agents had not received authorization, the agents asked for permission and got it. The investigation ultimately found no evidence that the protesters were plotting to damage the pipeline, and it was closed.

The Guardian first reported the investigation on Tuesday.

As the F.B.I. changed its focus to national security after the Sept. 11, 2001, attacks, it began building closer relationships with the nation’s largest companies as it worked to protect the country’s critical infrastructure. Many of those companies — like TransCanada, which owns the pipeline — are frequently targets of environmental protests, and issues of free speech and national security can become intertwined.

The F.B.I. said on Tuesday that it had not conducted a full investigation into the protesters — only an assessment, its least invasive inquiry. The bureau said it had looked into the accusations because the threats were against “the oil and gas industry, and the energy sector is considered a part of the critical infrastructure of the United States.”

It characterized the mistake by the agents as an “administrative error” that “was discovered by the F.B.I.’s internal oversight mechanisms.”

“While the F.B.I. approval levels required by internal policy were not initially obtained, once discovered, corrective action was taken, noncompliance was remedied, and the oversight was properly reported through the F.B.I.’s internal oversight mechanism,” the bureau said. “At no time did the review find that the initial justification for the assessment was improper.”

By MICHAEL S. SCHMIDTMAY 12, 2015

Find this story at 12 May 2015

© 2015 The New York Times Company

FBI’s Plan to Expand Hacking Power Advances Despite Privacy Fears

Google had warned that the rule change represents a “monumental” constitutional concern.

March 16, 2015 A judicial advisory panel Monday quietly approved a rule change that will broaden the FBI’s hacking authority despite fears raised by Google that the amended language represents a “monumental” constitutional concern.

The Judicial Conference Advisory Committee on Criminal Rules voted 11-1 to modify an arcane federal rule to allow judges more flexibility in how they approve search warrants for electronic data, according to a Justice Department spokesman.

(RELATED: Republicans Have Less Faith in the NSA than Democrats)

Known as Rule 41, the existing provision generally allows judges to approve search warrants only for material within the geographic bounds of their judicial district.

But the rule change, as requested by the department, would allow judges to grant warrants for remote searches of computers located outside their district or when the location is unknown.

The government has defended the maneuver as a necessary update of protocol intended to modernize criminal procedure to address the increasingly complex digital realities of the 21st century. The FBI wants the expanded authority, which would allow it to more easily infiltrate computer networks to install malicious tracking software. This way, investigators can better monitor suspected criminals who use technology to conceal their identity.

But the plan has been widely opposed by privacy advocates, such as the American Civil Liberties Union, as well as some technologists, who say it amounts to a substantial rewriting of the rule and not just a procedural tweak. Such a change could threaten the Fourth Amendment’s protections against unreasonable search and seizures, they warn, and possibly allow the FBI to violate the sovereignty of foreign nations. The rule change also could let the agency simultaneously target millions of computers at once, even potentially those belonging to users who aren’t suspected of any wrongdoing.

(RELATED: The CIA Is Trying to Hack Your iPhone)

Google weighed in last month with public comments that warned that the tweak “raises a number of monumental and highly complex constitutional, legal and geopolitical concerns that should be left to Congress to decide.”

In an unusual move, Justice Department lawyers rebutted Google’s concerns, saying the search giant was misreading the proposal and that it would not result in any search or seizures not “already permitted under current law.”

The judicial advisory committee’s vote is only the first of several stamps of approval required within the federal judicial branch before the the rule change can formally take place—a process that will likely take over a year. The proposal is now subject to review by the Standing Committee on Rules of Practice and Procedure, which normally can approve amendments at its June meeting. The Judicial Conference is next in line to approve the rule, a move that would likely occur in September.

The Supreme Court would have until May 1, 2016 to review and accept the amendment, which Congress would then have seven months to reject, modify or defer. Absent any congressional action, the rule would take place on Dec. 1, 2016.

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Privacy groups vowed to continue fighting the rule change as it winds its way through the additional layers of review.

“Although presented as a minor procedural update, the proposal threatens to expand the government’s ability to use malware and so-called ‘zero-day exploits’ without imposing necessary protections,” said ACLU attorney Nathan Freed Wessler in a statement. “The current proposal fails to strike the right balance between safeguarding privacy and Internet security and allowing the government to investigate crimes.”

Drew Mitnick, policy counsel with digital rights group Access, said the policy “should only be considered through an open and accountable legislative process.”

Google did not immediately respond to a request for comment.

BY DUSTIN VOLZ

Find this story at 16 March 2015

Copyright © 2015 by National Journal Group Inc.