It’s hard for some Americans to understand why the Obama administration is so determined to come to an agreement with Iran on its nuclear capability, given that huge Iranian rallies are constantly chanting “Death to America!” I know the chanting makes me unhappy, since I’m part of America, and I strongly oppose me dying.
But if you know our actual history with Iran, you can kind of see where they’re coming from. They have understandable reasons to be angry at and frightened of us — things we’ve done that if, say, Norway had done them to us, would have us out in the streets shouting “Death to Norway!” Unfortunately, not only have the U.S. and our allies done horrendous things to Iran, we’re not even polite enough to remember it.
Reminding ourselves of this history does not mean endorsing an Iran with nuclear-tipped ICBMs. It does mean realizing how absurd it sounds when critics of the proposed agreement say it suddenly makes the U.S. the weaker party or that we’re getting a bad deal because Iran, as Republican Sen. Lindsey Graham put it, does not fear Obama enough. It’s exactly the opposite: This is the best agreement the U.S. could get because for the first time in 35 years, U.S.-Iranian relations aren’t being driven purely by fear.
Tag: CIA
US Threatened Germany Over Snowden, Vice Chancellor Says
German Vice Chancellor Sigmar Gabriel said this week in Homburg that the U.S. government threatened to cease sharing intelligence with Germany if Berlin offered asylum to NSA whistleblower Edward Snowden or otherwise arranged for him to travel to that country. “They told us they would stop notifying us of plots and other intelligence matters,” Gabriel said.
The vice chancellor delivered a speech in which he praised the journalists who worked on the Snowden archive, and then lamented the fact that Snowden was forced to seek refuge in “Vladimir Putin’s autocratic Russia” because no other nation was willing and able to protect him from threats of imprisonment by the U.S. government (I was present at the event to receive an award). That prompted an audience member to interrupt his speech and yell out: “Why don’t you bring him to Germany, then?”
There has been a sustained debate in Germany over whether to grant asylum to Snowden, and a major controversy arose last year when a Parliamentary Committee investigating NSA spying divided as to whether to bring Snowden to testify in person, and then narrowly refused at the behest of the Merkel government. In response to the audience interruption, Gabriel claimed that Germany would be legally obligated to extradite Snowden to the U.S. if he were on German soil.
Afterward, however, when I pressed the vice chancellor (who is also head of the Social Democratic Party, as well as the country’s economy and energy minister) as to why the German government could not and would not offer Snowden asylum — which, under international law, negates the asylee’s status as a fugitive — he told me that the U.S. government had aggressively threatened the Germans that if they did so, they would be “cut off” from all intelligence sharing. That would mean, if the threat were carried out, that the Americans would literally allow the German population to remain vulnerable to a brewing attack discovered by the Americans by withholding that information from their government.
CIA Worked With DOJ To Re-Purpose Foreign Surveillance Airborne Cell Tower Spoofers For Domestic Use
The CIA’s recent rebranding as Valhalla for US cyberwarriors notwithstanding, the agency’s general focus has been intelligence gathering on foreign governments, corporations and people. That it has often mistaken “torturing people into saying whatever they can to make it stop” for “intelligence gathering” isn’t necessarily germane to the following discussion, but it’s worth noting that the CIA is almost single-handedly responsible for destroying the term “extraordinary rendition” — a formerly innocuous (and complimentary) term previously used to highlight something like, say, Johnny Cash’s amazing cover of Soundgarden’s’ “Rusty Cage.” (That Cash’s two best covers are “Hurt” and “Rusty Cage” is not germane to the discussion of CIA torture programs, but what a coincidence!)
But the emphasis here is foreign. Which is why the following news makes so little sense.
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.
After Petraeus Plea Deal, Lawyer Demands Release of Stephen Kim
The lawyer for imprisoned leaker Stephen Kim has asked the Department of Justice to immediately release him from jail, accusing the government of a “profound double standard” in its treatment of leakers following a comparatively lenient plea deal for former Gen. David Petraeus.
Petraeus avoided prison time for disclosing a trove of classified information to his lover and lying to the FBI about it. Kim, meanwhile, was sentenced to 13 months in prison for violating the Espionage Act by talking to a Fox News reporter about a single classified report on North Korea. Kim pleaded guilty after a five-year legal battle that depleted his finances and sent him to the brink of suicide. Petraeus, in the wake of his plea arrangement, is expected to continue his lucrative career working for an investment bank and giving speeches.
Kim’s lawyer, Abbe Lowell, noted in a scathing letter to the DOJ that Petraeus, in his plea deal, admitted leaking a range of highly sensitive material “at least as serious and damaging to national security as anything involved in Mr. Kim’s case” to Paula Broadwell, his lover and authorized biographer. Petraeus also acknowledged that when he was director of the CIA he lied to the FBI about leaking to Broadwell, as well as about keeping classified information at his home.
Yet while Kim, a former State Department official, was prosecuted under a draconian law against leaking — even though he merely discussed a single document that a government official later described in court filings as a “nothing burger” — Petraeus was allowed to plead guilty to a misdemeanor offense of mishandling classified information, and he was not charged at all for the felony of lying to the FBI. Under the deal, he is expected to be placed on probation for two years and pay a fine of $40,000.
“The decision to permit General Petraeus to plead guilty to a misdemeanor demonstrates more clearly than ever the profound double standard that applies when prosecuting so-called ‘leakers’ and those accused of disclosing classified information for their own purposes,” Lowell wrote in his two-page letter, which was dated March 6, just three days after the Petraeus plea deal was announced. “As we said at the time of Mr. Kim’s sentencing, lower-level employees like Mr. Kim are prosecuted under the Espionage Act because they are easy targets and lack the resources and political connections to fight back. High-level officials (such as General Petraeus and, earlier, Leon Panetta), leak classified information to forward their own agendas (or to impress their mistresses) with virtual impunity.”
CIA Director Describes How the U.S. Outsources Terror Interrogations
In rare remarks about a sensitive issue, the director of the CIA confirmed today that the U.S. government works with foreign intelligence agencies to capture and jointly interrogate suspected terrorists.
“There are places throughout the world where CIA has worked with other intelligence services and has been able to bring people into custody and engage in the debriefings of these individuals … through our liaison partners, and sometimes there are joint debriefings that take place as well,” said John Brennan, the CIA director, speaking at the Council on Foreign Relations in New York.
Brennan’s remarks confirm what journalists have long reported: that the Obama administration sometimes helps other countries do the dirty work of snatching and interrogating terror suspects — keeping the U.S. at arm’s length from operations that are ethically and legally dubious.
During a question-and-answer session, it was Fox News’ Megyn Kelley who questioned Brennan about “capturing terrorists.”
“Are we still doing that?” she asked. “And where are we keeping them and how are we interrogating them?”
Brennan responded that the U.S. is able to work with “partners” to “identify individuals and to have them captured … although there are not a lot of public pieces on Fox News about somebody that might be picked up in different parts of the world.”
In one of his first moves after taking office in 2009, President Obama famously shut down the CIA’s Black Site program, which was begun under President George W. Bush. After 9/11, more than 100 alleged terrorists were captured and sent to secret CIA-run detention centers where they were tortured and interrogated by agency operatives.
Although the Black Sites have been shut down and no new prisoners sent to Guantánamo Bay, detentions of terrorists — and attacks against them — remain a murky issue. The administration has brought several alleged terrorists to face trial in the United States, and it has killed thousands more in drone strikes, along with hundreds of civilians. Obama has also maintained the authority (as President Bill Clinton did in the 1990s) to render people to third countries, where laws are looser.
The Intercept’s Jeremy Scahill and others have detailed cases during the Obama administration in which terror suspects were held in foreign custody at the behest of the U.S. In 2011, Scahill reported for The Nation on a secret prison in Somalia’s capital, Mogadishu. Though officially run by the Somali government, Scahill wrote, “US intelligence personnel pay the salaries of intelligence agents and also directly interrogate prisoners” at the facility.
Officials Upset Tech Companies Reluctant To Play Along With Administration’s ‘Information Sharing’ Charade
The government’s on-again, off-again love affair with everything cyber is back on again. The CIA has just shifted its focus, abandoning its position as the free world’s foremost franchiser ofclandestine torture sites and rebranding as the agency of choice for all things cyberwar-related.
For years, legislators have been attempting to grant themselves permission to strong-arm tech companies into handing over all sorts of information to the government under the guise of cybersecurity. CISPA, CISA, etc. The acronyms come and go, but the focus is the same: information sharing.
Of course, the promise of equitable sharing remains pure bullshit. Tech companies know this and have been understandably resistant to the government’s advances. There are few, if any positives, to these proposed “agreements.” The government gets what it wants — lots and lots of data — and the companies get little more than red tape, additional restrictions and fleeing customers.
The government has recently been playing up the narrative that unreasonable tech companies are standing in the way of the nation’s super-secure future.
U.S. government officials say privately they are frustrated that Silicon Valley technology firms are not obtaining U.S. security clearances for enough of their top executives, according to interviews with officials and executives in Washington and California. Those clearances would allow the government to talk freely with executives in a timely manner about intelligence they receive, hopefully helping to thwart the spread of a hack, or other security issues.
The lack of cooperation from Silicon Valley, Washington officials complain, injects friction into a process that everyone agrees is central to the fight to protect critical U.S. cyberinfrastructure: Real-time threat information sharing between government and the private sector.
Before dealing with the questionable promise of “real-time threat information sharing,” let’s deal with the supposedly minor requirement of security clearances. It’s not as if this won’t impose undue burdens on tech company leaders, especially when they already have a pretty good idea this stipulation will be a major hassle followed by continued opacity from a government that’s 90% lip service and 10% outright lying. Tech execs are being asked to make all the effort and hope against hope there will actually be some benefits.
“I believe that this is more about the overclassification of information and the relatively low value that government cyberintel has for tech firms,” said one Silicon Valley executive. “Clearances are a pain to get, despite what government people think. Filling out the paper work … is a nightmare, and the investigation takes a ridiculous amount of time.”
[…]
“I think tech companies are doing a return-on-investment analysis and don’t think the government intel is worth the cost or effort,” said the Silicon Valley executive. “This is why government threat signature sharing initiatives are such a nothing-burger: The signatures are of limited value and only a few select companies with clearances can actually use them.”
The clearance process can easily take over a year. The application runs 127 pages and asks a mixture of questions ranging from highly-intrusive to facially-ridiculous.
Ron Wyden: ‘Plenty’ Of Domestic Surveillance Programs Still Unexposed
In a few months, we’ll be marking the second anniversary of the first Snowden leak. The outraged responses of citizens and politicians around the world to these revelations has resulted in approximately nothing in those 24 months. There have been bright spots here and there — where governments and their intelligence agencies were painted into corners by multiple leaks and forced to respond — but overall, the supposed debate on the balance between security and privacy has been largely ignored by those on Team National Security.
Here in the US, multiple surveillance reforms were promised. So far, very little has been put into practice. The NSA may be forced to seek court approval for searches of its bulk phone metadata, but otherwise the program rolls on unimpaired and slightly rebranded (from Section 215 to Section 501).
Senator Ron Wyden — one of the few members of our nation’s intelligence oversight committees actively performing any oversight — isn’t happy with the lack of progress. In an interview with Buzzfeed’s John Stanton, Wyden points out that not only has there been little movement forward in terms of surveillance reform, there actually may have been a few steps backward.
Wyden bluntly warned that even after the NSA scandal that started with Edward Snowden’s disclosures, the Obama administration has continued programs to monitor the activities of American citizens in ways that the public is unaware of and that could be giving government officials intimate details of citizens’ lives.
Asked if intelligence agencies have domestic surveillance programs of which the public is still unaware, Wyden said simply, “Yeah, there’s plenty of stuff.
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.”
A Few Comments on the David Petraeus Plea Deal: What Money And Connections Buy You
David Petraeus, who suffered a fall worthy of a Greek tragedy when was caught leaking classified information to his biographer-girlfriend, has reached a plea deal with the feds, in the person of the U.S. Attorney’s Office for the Western District of North Carolina.
As of now two documents are available online. There’s the Information, which is the charging document the feds use when grand jury indictment is not required or when the defendant waives that right. There’s also the factual basis — the narrative of facts to which Petraeus will admit. These documents reveal that Petraeus has agreed, in advance of charges being filed, to take a misdemeanor.
Generally, poor people react and rich people are proactive. Petraeus is sophisticated and has assets; he could afford to hire lawyers to negotiate with the feds before they charged him. As a result, he was able to secure a pretty good outcome that controlled his risks. The feds let him plead, pre-indictment, to a misdemeanor charge of improper removal and retention of classified documents under 18 USC section 1924. That means even if the federal judge who sentences him goes on a rampage, he can’t get more than a year in federal prison — and, given that it’s a misdemeanor, will very likely get far less. The Factual Basis includes a United States Sentencing Guideline calculation in which the government and Petraeus agree he winds up at an Adjusted Offense Level of 8, which means the judge can give him straight probation.
It is very difficult to get a misdemeanor out of the feds.
Petraeus’ factual basis reveals that he could have been charged with much, much worse. The statement discusses his “Black Books” containing his schedules and notes during his command in Afghanistan; those books contained “national defense information, including Top Secret/SCI code word information.” (Factual Basis at paragraphs 17-18.) Petraeus, after acknowledging that “there’s code word stuff in there,” gave the Black Books to his biographer/girlfriend at her private residence. “The DC Private Residence was not approved for the storage of classified information,” the statement notes dryly. (Factual Basis at paragraphs 22-25.) He retrieved the Black Books a few days later after she had been able to examine them, and retained them. Thereafter, when he resigned from the CIA, he signed a certification that he had no classified material in his possession, even though he had the Black Books. (Factual Basis at paragraph 27.) Later, when Petraeus consented to interviews with FBI agents1 he lied to them and told them that he had never provided classified information to his biographer/girlfriend. (Factual Basis at paragraph 32.)
To federal prosecutors, that last paragraph of facts is like “Free Handjob And iPad Day” at Walt Disney World. First, you’ve got the repeated false statements to the government, each of which is going to generate its own charge under 18 U.S.C. 1001, which makes it illegal for you to lie to your government no matter how much your government lies to you. Then you’ve got the deliberate leaking of top secret/code word defense data to a biographer. An aggressive prosecutor might charge a felony under 18 U.S.C. section 793 (covering willful disclosure of national defense information) or 18 U.S.C. section 798 (covering disclosure of classified communications intelligence materials or information derived therefrom), both of which have ten-year maximum penalties. Those charges don’t seem to require any intent to harm the U.S. — only disclosure of information which could harm the U.S. if distributed. Other than that? You better believe there would be a conspiracy count for Petraeus’ interaction with his girlfriend.
If Petraeus were some no-name sad-sack with an underwater mortgage and no connections and no assets to hire lawyers pre-indictment, he’d almost certainly get charged a lot more aggressively than he has been. This administration has been extremely vigorous in prosecuting leakers and threatening the press.
So why is Petraeus getting off with a misdemeanor and a probable probationary sentence? Two reasons: money and power. Money lets you hire attorneys to negotiate with the feds pre-charge, to get the optimal result. Power — whether in the form of actual authority or connections to people with authority — gets you special consideration and the soft, furry side of prosecutorial discretion.
This is colloquially known as justice.
Chicago’s “Black Site” Detainees Speak Out
On Tuesday, The Guardian’s Spencer Ackerman reported on the “equivalent of a CIA black site” operated by police in Chicago. When computer program analyst Kory Wright opened the story, he told me, “I immediately recognized the building” — because, the Chicago resident says, he was zip-tied to a bench there for hours in an intentionally overheated room without access to water or a bathroom, eventually giving false statements to try and end his ordeal.
A friend of Wright’s swept up in the same police raid described his own brutal treatment at the facility, known as Homan Square, including attacks to his face and genitals. The experiences of the two men line up with the way defense attorneys described the “black site” warehouse to Ackerman: as a place where detainees were held off the books, without access to lawyers, while being beaten or shackled for long periods of time.
Wright claims that nine years ago, he spent “at least six [brutal] hours” at the Homan facility on his 21st birthday. He says that he was never read his Miranda rights, and that his arrest was not put into the police system until after his ordeal was over. Wright was reminded of the facility again this week when he noticed a tweet from a writer he admires, The Atlantic’s Ta-Nehisi Coates, linking to Ackerman’s story. Ackerman compared Homan Square to the network of shadowy torture centers built by the CIA across the Middle East — but focused “on Americans, most often poor, black and brown,” rather than on purported overseas terrorists.
But unlike CIA black sites, Homan Square wasn’t a completely furtive enterprise. Several lawyers and anti-police brutality advocates with whom I spoke knew that suspects were routinely detained at Homan. The facility houses many of the police department’s special units, including the anti-gang and anti-drug task forces, along with the evidence-retrieval unit. Once suspects arrived at Homan, they did not have to be booked immediately, at least not as far as the police department was concerned, according to the people with whom I spoke. In fact, it was possible that a suspect’s arrest report wouldn’t show that he or she had ever been to Homan. Further, police could detain individuals at Homan for hours, or disappear them, before shipping them off to a district station for processing.
The Chicago Police Department declined to address the specific allegations from Wright and his friend, providing only a general statement denying abuses at Homan Square. (The same statement also appears in Ackerman’s story.) “CPD abides by all laws, rules and guidelines pertaining to any interviews of suspects or witnesses, at Homan Square or any other CPD facility,” the statement read. “There are always records of anyone who is arrested by CPD, and this is not any different at Homan Square.”
Kory Wright disagrees.