Blog on the Run: Reloaded

Sunday, May 10, 2015 5:37 pm

Odds and ends for May 10

Hidy. Yeah, it’s been a while.

Your brain is your brain. Chuck Norris is your brain on drugs.

So good to see that the Baltimore officers implicated in Freddy Gray’s death were all the kind of stable individual to whom you want to give the power of life and death.

I had about given up on anyone doing anything to stop the NSA’s blatantly unconstitutional hoovering of Americans’ data. This isn’t a fix, but it’s a start.

Good to see that job creation is back on track. We’re still far from where we need to be, though, and farther still on wage growth.

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Wednesday, January 8, 2014 6:49 pm

“NSA itself had enough information to prevent 9/11, but chose to sit on it …”

This open memo to President Obama, written in part by former high-ranking employees of the National Security Agency and other intelligence agencies, claims that the NSA could have prevented 9/11, claims that the NSA could have taken economic and effective action after 9/11 to prevent future attacks but chose expensive, ineffective, and constitutionally damaging approaches instead, and even accuses former director Michael Hayden of corruption. It’s fairly long, but it’s simple to understand and it comports with the facts as we know them today. Some key excerpts:

From the executive summary:

The sadder reality, Mr. President, is that NSA itself had enough information to prevent 9/11, but chose to sit on it rather than share it with the FBI or CIA. We know; we were there. We were witness to the many bureaucratic indignities that made NSA at least as culpable for pre-9/11 failures as are other U.S. intelligence agencies.

From the section “Clapper and Alexander”:

Surely you have asked National Intelligence Director James Clapper flat-out why, in formal testimony to the Senate on March 12, 2013 he answered “No, Sir” to Senator Ron Wyden’s question, “Does the NSA collect any type of data on millions or hundreds of millions of Americans?”

Surely you know that Senate Intelligence Committee chair Dianne Feinstein persists in covering for Clapper, telling ABC three months after Clapper’s falsehood that “there is no more direct or honest person than Jim Clapper.” And now Director Clapper’s lawyer, Mr. Litt, is trying to convince readers of the New York Times that Clapper did not lie.

Surely you intuit that something is askew when NSA Director Keith Alexander testifies to Congress that NSA’s bulk collection has “thwarted” 54 terrorist plots and later, under questioning, is forced to reduce that number to one, which cannot itself withstand close scrutiny. And surely you understand why former NSA Director and CIA Director Michael Hayden protests too much and too often on Fox News and CNN, and why he and House Intelligence Committee Mike Rogers publicly suggest that whistleblower Edward Snowden be put on your Kill List.

Does a blind loyalty prevail in your White House to the point where, 40 years after Watergate, there is not a single John Dean to warn you of a “cancer on the presidency?” Have none of your lawyers reminded you that “electronic surveillance of private citizens … subversive of constitutional government” was one of the three Articles of Impeachment against President Richard Nixon approved by a bipartisan 28 to 10 vote of the House Judiciary Committee on July 27, 1974? …

We are ready – if you are – for an honest conversation. That NSA’s bulk collection is more hindrance than help in preventing terrorist attacks should be clear by now despite the false claims and dissembling.

From the section “Fourth Amendment-Compliant Technology That Worked”:

No one currently working for NSA Director Alexander is likely to tell you this, so please hear it from us. In the years before 9/11, a group of NSA mathematicians and computer technology experts led by Binney, Loomis, and Wiebe devised a process called THINTHREAD for collection and rapid analysis of billions of electronic records relating to targets of intelligence interest, with automatic encryption of information about U.S. persons, per the standard of FISA and the Fourth Amendment.

Data on U.S. citizens could be decrypted only if a judge approved it after a finding that there was probable cause to believe that the target was connected with terrorism or other crimes. It was also considerably cheaper, easier, and more secure to store such data in encrypted format rather than allow that raw information to remain vulnerable to unauthorized parties in unencrypted form, as NSA chose to do. A fuller understanding of THINTHREAD’s capabilities is necessary to appreciate the implications of what came next.

THINTHREAD, you see, was a fundamental beginning to breaking the endemic problem of stovepipes – that is, standalone collection systems with standalone databases. There was such a maze of databases, with special security compartmentation, that it was impossible for an analyst to “see” more than a few pages, so to speak, about a target, much less a whole chapter, let alone the whole available book. Information was fragmented by design, in order to placate functionaries blindly placing tight security above virtually all other considerations – even, in this case, the analyst’s need to know.

Thus, THINTHREAD was developed precisely to unite data associated with terrorists/criminals from all databases. An analyst was able to do one simple query on participants on a targeted activity and get access to all related content – be it from computer, phone, or pager.

From the section “Some Programs Don’t Cost Enough”:

In 2000, as THINTHREAD was beginning to show promise, the head of the NSA Transformation Office (NTO) asked the creators of THINTHREAD (Loomis, Binney, and Wiebe) what they could do with $1.2 billion. We told him that, with that amount of funding, we could upgrade every one of our field installations that had access to foreign Internet sources, as well as upgrade collection equipment to access greater bandwidths available on fiber. But for the equipment, maintenance, and other costs for THINTHREAD, we only needed about $300 million.

Director Hayden reacted swiftly on learning of this. He removed the NTO chief, replacing him with a senior vice president of Science Applications International Corporation (SAIC), which became one of the leading contractors for a replacement project called TRAILBLAZER. TRAILBLAZER was originally budgeted for $3.8 billion, but after burning away most of that money, it had to be jettisoned in 2006.

No functioning components had been produced, much less delivered; Gen. Hayden had been forced to confess to the Senate Intelligence Committee that TRAILBLAZER was vastly over budget as well as well behind schedule. And our (Binney/Loomis/Wiebe) complaint to the Department of Defense Inspector General had generated a highly critical report on TRAILBLAZER, which was also a factor in its termination. SAIC, though, continued to serve as one of NSA’s major prime development contractors and remains so to this day.

Hayden had announced TRAILBLAZER to great fanfare in the spring of 2000, as he began to show more preference for opening the door wider to the private sector. A year before, NSA’s New Enterprise Team, which included some of the undersigned, had begun to learn of contractor complaints over getting only maintenance contracts, while the most interesting work was being conducted in-house.

That fall, an NSA Red Team predicted that TRAILBLAZER would fail unless major changes were made to the program. Hayden, however, ignored the Red Team report, and none of the Red Team recommendations saw the light of day.

This particularly unconscionable (Hayden-SAIC-Congress) corruption is a case study in how the drive for big money and the power can squander big taxpayer bucks, chip away at our constitutional protections – and, more important, as we shall explain below – play a crucial role in the worst intelligence failure since Pearl Harbor – 9/11.

And there’s more:

“[Among data collected by THINTHREAD was] where I found the pre- and post-9/11 intelligence from NSA monitoring of some of the hijackers as they planned the attacks of 9/11 had not been shared outside NSA [writes former senior NSA executive Thomas Drake]. This includes critical pre-9/11 intelligence on al-Qaeda, even though it had been worked on by NSA analysts. I learned, for example, that in early 2001 NSA had produced a critical long-term analytic report unraveling the entire heart of al-Qaeda and associated movements. That report also was not disseminated outside of NSA.

“Make no mistake. That data and the analytic report could have, should have prevented 9/11.

“Top NSA management knew that. They knew that I knew that. I was immediately shut down. In spring 2002, the remnants of THINTHREAD were unceremoniously put on the shelf in NSA’s ‘Indiana Jones’ data warehouse, never to be seen again. …

“In December 2001, Senator Saxby Chambliss, chair of a House Subcommittee on Homeland Security announced a preliminary investigation into 9/11.  At a SIGINT Leadership Team meeting in February 2002, SIGINT chief Maureen Baginski directed me to lead a NSA Statement-for-the-Record effort for a closed-door hearing scheduled by Sen. Chambliss for early March to discuss what NSA knew about the 9/11 hijackers and their plotting before 9/11.

“As indicated above, the highly embarrassing answer was that NSA knew a great deal, but had not shared what it knew outside of NSA.

“After a couple of weeks Baginski rejected my draft team Statement for the Record report and removed me from the task. When I asked her why, she said there was a ‘data integrity problem’ (not further explained) with my draft Statement for the Record. I had come upon additional damaging revelations. For example, NSA had the content of telephone calls between AA-77 hijacker Khalid al-Mihdhar in San Diego, CA, and the known al-Qaeda safe house switchboard in Yemen well before 9/11, and had not disseminated that information beyond NSA.

“In short, when confronted with the prospect of fessing up, NSA chose instead to obstruct the 9/11 congressional investigation, play dumb, and keep the truth buried, including the fact that it knew about all inbound and outbound calls to the safe house switchboard in Yemen. NSA’s senior leaders took me off the task because they realized – belatedly, for some reason – that I would not take part in covering up the truth about how much NSA knew but did not share.

“When the 9/11 Commission hearings began, Director Hayden chortled at executive staff meetings over the fact that the FBI and CIA were feeling the heat for not having prevented 9/11. This was particularly difficult for me to sit through, for I was aware that NSA had been able to cover up its own culpability by keeping investigators, committees, and commissions away from the truth,” [Blake writes].

Seriously, go read the whole thing, which prompted this response from blogger Alex Marthews (yes, that’s how he spells it), who is involved in a Massachusetts campaign to “protect digital data from warrantless government surveillance.” After summarizing the facts asserted in the letter, he eloquently concludes:

You know that on this blog I tend not to use the swears. This time, I do use the swears:
I am [expletive] pissed off. What a [expletive]. What a gargantuan, despicable, offensive [expletive].These clowns gleefully threw the Constitution on the fire, and gave us NOTHING in return. We’re not safer. We’re certainly not richer. We have lost so much, so that a few people could become extremely rich and powerful, and our corrupt system is now incapable of holding them personally to account. Yet still they yammer on, clamoring for more funding for an NSA that doesn’t work, a TSA that doesn’t work, an FBI that chases imaginary plots instead of focusing on locking up actual criminals. They have played on our fears to make us exchange realistic risk assessment for a meaningless, nightmarish pantomime where we, the American people and indeed the people of the whole world, have to accept the loss of every freedom we hold dear in order to “do whatever it takes” to “catch the bad guys.”

I’m sick of it. Aren’t you sick of it? I am goddamn heart-sick of it.

It’s been more than thirteen years since my fiancee and I went out and bought our first TV and brought it home and watched stunned as the towers burned.

Thirteen years of watching the victims of 9/11 being used to justify horror after horror. Mass roundups of Muslims. Torture. Detention, even of US citizens, without trial, and now assassinations too. War in Afghanistan, war in Iraq, now apparently drone warfare [expletive] everywhere, and a constant stream of broken people being dropped back here like flotsam and told to get on with their chewed-up lives.

“If this was the day after 9/11,” says that bloviating [expletive] John McCain, “we wouldn’t even be talking about these [surveillance] programs.” I bet not. We were too busy putting up flags, grieving, and praying that we and those we loved wouldn’t be next. But grief, as we all know, has stages, and that state of mind doesn’t last thirteen years.

“The victims of 9/11 would have wanted us to do whatever it takes.” No, they [expletive] wouldn’t. Do you think we’re all scared six-year-olds hiding underneath our stairwells, waiting for Big Daddy NSA to tell us that everything’s OK and we can come out now?

[Expletive] that. You like us just where we are, cowering every time you say Boo, and you have no incentive to stop us until we tell you the game is over.

You’re the six-year-olds here, standing there with the Constitution on a skewer over an open flame and hollering, “9/11 MADE ME DO IT.”

Just quit it. We’re sick of it. We’re not going to freak out any more over a few seventh-century-loving lunatics. We have seen the real danger to our way of life, and it’s you, and people like you.

I’ve been raising hell about warrantless government surveillance of U.S. citizens for about a decade — ever since news of it belatedly came out. For most of that time it has been like pissing into a hurricane. Now, finally, whatever you think of Edward Snowden and Glenn Greenwald, they have put this stuff out where it can’t be ignored anymore, and some of the most senior former members of the intelligence committee — no doubt acting from both selfish and unselfish motives; whistleblowers tend to do that — are challenging/begging the people in charge to start returning us to the appropriate status for a constitutionally established democratic republic.

I have no confidence that will happen under the incumbent president — or under the obvious candidates to succeed him. But it needs to happen, and we need to raise hell about it until it does.

Thursday, June 6, 2013 6:07 pm

Oh, now he’s troubled. Jackass.

Congressman Jim Sensenbrenner: “As the author of the Patriot Act, I am extremely troubled by the FBI’s interpretation of this legislation.”

Why now, Jim? Didn’t bother you 12 years ago. Didn’t bother you all through the Bush administration. If you had the sense God gave a billy goat and/or were awake in eighth-grade civics, not only wouldn’t you have written the Patriot Act, you’d have opposed it with all your resources and at the top of your lungs, you sorry sack of slime. Lots of very smart people, plus me, told you at the time that this was a wrong call and that it would, inevitably, be misused to justify flat-out crimes. You ignored us. Well, screw you. I hope the government scooped up all your calls and I desperately hope that evidence of a serious crime lies therein. You bent the Bill of Rights over your desk and raped it. The rest of your life in prison is too good for you.

 

Sunday, June 20, 2010 10:38 pm

Have I mentioned lately that the U.S. Chamber of Commerce is a bunch of whores?

Filed under: Evil — Lex @ 10:38 pm
Tags: , , , ,

First, they want you, the taxpayer, to help pay to clean up BP’s mess.

That’s bad enough. But to add insult to injury, here’s their logic:

“It is generally not the practice of this country to change the laws after the game,” said Tom Donohue, the president of the U.S. Chamber of Commerce. “. . . Everybody is going to contribute to this clean up. We are all going to have to do it.  We are going to have to get the money from the government and from the companies and we will figure out a way to do that.”

Uh, Tom, what was that you guys said about changing the laws after the game back when the telcos were in danger of being charged and held civilly liable for their roles in Bush administration violations of the Foreign Intelligence Surveillance Act?

Oh, yeah, this:

The U.S. Chamber of Commerce, the world’s largest business federation representing more than three million businesses and organizations of every size, sector, and region, strongly supports S. 2248, the “FISA Amendments Act of 2007,” as passed by the Senate on February 12, 2008. The Chamber believes that this bill, in its current form, provides necessary, appropriate, and targeted relief commensurate with the threat to national security that arose in the aftermath of the September 11 attacks.

The Chamber represents companies across various industries which own or operate vital components of the nation’s critical physical, virtual, and economic infrastructures. The federal government continually depends upon such industries for cooperation and assistance in national security matters, including homeland security programs and activities. The government also turns to these companies in times of crisis, when the speed, agility, and creativity of the private sector can be critical to averting a terrorist attack.

Therefore, the Chamber urges the House to consider S. 2248 and pass this bipartisan compromise legislation. The Chamber firmly believes that the immunity provisions in S. 2248 are imperative to preserving the self-sustaining “public-private partnership” that both Congress and the Executive Branch have sought to protect the United States in the post-September 11 world.”

Shorter Chamber: We expect large corporations to be able to do any damn thing they want. You meatsacks can just suck it up.

(h/t: Marcy)

Sunday, April 11, 2010 11:35 pm

Gasping for breath

The deluge is not over, but the worst of it has passed, and I now have a wee bit of breathing space. So, let’s see, what has happened while I’m gone? Nothing good, it seems:

I have no idea when I’ll be back, so this’ll have to do ya for a while.

Friday, April 10, 2009 9:09 pm

Do as I say …

I’m a little late to this disturbing tactic by the Obama administration: continuing to use the same “state secrets” argument that the Bush administration did to try to shield itself from lawsuits. There’s a pretty blatant hyprocrisy visible here:

Last Friday, Obama’s Justice Department infuriated some legal observers by invoking the “state secrets privilege” in a lawsuit [filed by the Electronic Fronter Foundation] against the government over warrantless wiretapping. As multiple legal experts told reporter Zachary Roth, this means the Obama administration has now adopted one of Bush’s most controversial legal tools — the invocation of national security to justify government secrecy and shield it from legal action.

Obama attacked Bush’s use of it during the campaign. Indeed, Obama’s campaign Web site still identifies Bush’s use of the tactic as a “problem” that created undo “secrecy” and needs to be changed.

Certainly, invoking “state secrets” will be justified at times. But a judge ought to allow it only after the most stringent review, with the strongest presumption toward making things public, and with any restrictions as narrowly tailored as possible. That didn’t happen during the Bush years, I have no reason to think that’s what’s happening now, and I am disturbed that the Obama administration appears to think that whatever it’s doing now is good enough.

But what’s even more disturbing is that the Obama folks are pushing an argument that not even the Bush folks attempted: They’re saying that under the Patriot Act, the government is immune from lawsuits (under, say, the Foreign Intelligence Surveillance Act) over illegal surveillance unless the government itself chooses to disclose what it has. Glenn Greenwald has more here.

Novel though that argument is, it makes a mockery of both existing statutes and the Bill of Rights. The courts need to slap it down, hard. I wish I were optimistic that they would do so.

Even if the Obama folks have the best of intentions, they will someday be succeeded by folks who do not. The first tactic is a dangerous tool whose use ought to be strictly circumscribed. The second ought to be tossed out entirely.

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