Fifteen-year-old Sergio Adrian Hernandez Guereca was shot and killed by Border Patrol agent Jesus Mesa, Jr. as he played with friends in a culvert along the US-Mexico border. According to Hernandez’s survivors, he and his friends were running back and forth across the culvert to touch the US border fence before running back to the Mexican side of the culvert. Agent Mesa claimed the teen was “involved in an illegal border crossing attempt” and “pelting” him with rocks.The shooting resulted in an international incident. The Mexican government wanted the agent extradited to face murder charges in Mexico, the country where the murder occurred, even if the bullets originated on the US side of the border. The US government, on the other hand, decided Agent Mesa had done nothing wrong – that his deadly actions were clearly justified by the presence of rocks and/or border-crossing attempts.
New Zealand launched a covert surveillance operation targeting candidates vying to be director general of the World Trade Organization, a top-secret document reveals.
In the period leading up to the May 2013 appointment, the country’s electronic eavesdropping agency programmed an Internet spying system to intercept emails about a list of high-profile candidates from Brazil, Costa Rica, Ghana, Indonesia, Jordan, Kenya, Mexico, and South Korea.
New Zealand’s trade minister Tim Groser was one of nine candidates in contention for the position at the WTO, a powerful international organization based in Geneva, Switzerland that negotiates trade agreements between nations. The surveillance operation, carried out by Government Communications Security Bureau, or GCSB, appears to have been part of a secret effort to help Groser win the job.
Groser ultimately failed to get the position.
A top-secret document obtained by The Intercept and the New Zealand Herald reveals how GCSB used the XKEYSCORE Internet surveillance system to collect communications about the WTO director general candidates.
XKEYSCORE is run by the National Security Agency and is used to analyze billions of emails, Internet browsing sessions and online chats that are vacuumed up from about 150 different locations worldwide. GCSB has gained access to XKEYSCORE because New Zealand is a member of the Five Eyes surveillance alliance alongside the United States, the United Kingdom, Canada and Australia.
Before there was Edward Snowden, there was of course the notably less celebrated Mark Klein. As most of you probably recall, Klein, a 22-year AT&T employee, became a whistleblower after hehighlighted how AT&T was effectively using fiber splits to give the NSA duplicate access to every shred of data that touched AT&T’s network. Of course, once it was discovered that AT&T was breaking the law, the government decided to just change the law, ignore Klein’s testimony, and give all phone companies retroactive immunity. It really wasn’t until Snowden that the majority of the tech press took Klein’s warnings seriously.
AT&T’s been loyally “patriotic” ever since, often giving the government advice on how to skirt the lawor at times even acting as intelligence analysts. Business repercussions for AT&T have been minimal at best; in fact, you’ll recall that Qwest (now CenturyLink) claimed repeatedly that government cooperation was rewarded with lucrative contracts, while refusal to participate in government programs was punished. In fact, the only snag AT&T’s seen in the years since was to have its European expansion plans thwarted, purportedly by regulators uncomfortable with the carrier’s cozy NSA ties (AT&T instead simply expanded into Mexico).
Fast forward a few years and The Hill is now claiming that AT&T’s relationship with the NSA could harm the company’s $48 billion attempt to acquire DirecTV. This claim is apparently based on the fact that a coalition of AT&T business partners, called the Minority Cellular Partners Coalition, is warning the FCC in a letter that AT&T’s enthusiastic voluntary cooperation with the NSA shows the company’s total disregard for consumer privacy.
“(Despite immunity) the Commission is still obliged to execute and enforce the provisions of § 229 of the Act, see 47 U.S.C. § 151, and it is still empowered to conduct an investigation to insure that AT&T complies with the requirements of CALEA. See id. § 229(c). And the Commission is obliged to determine whether AT&T is qualified to obtain DIRECTV’s licenses in light of its egregious violations of CALEA. This is particularly true given AT&T’s continued and ongoing pattern of misconduct. Accordingly, the Commission should investigate AT&T’s complicity in the PSP to determine whether AT&T engaged in unlawful conduct that abridged the privacy interests of telecommunications consumers on a vast scale and, if so, whether AT&T is qualified to obtain DIRECTV’s licenses.”
Of course, that’s simply not happening. While the NSA cooperation can be used as a broader example of AT&T’s character (like the repeatedly nonsensical claims the company makes when it wants a merger approved, or how AT&T tries to charge its broadband customers extra for no deep packet inspection), it’s incredibly unlikely that the same government that granted AT&T’s immunity will turn around and sign off on using AT&T’s behavior to squash a merger. If the merger is blocked, it will be due to more practical considerations — like the fact that DirecTV is a direct competitor to AT&T and eliminating them would lessen competition in the pay TV space. When it comes to AT&T’s relationship with the NSA, it’s pretty clear by now that these particular chickens may never come home to roost.