Archive for March, 2017

Trump Administration Wants A Clean Reauthorization For NSA Surveillance – Techdirt

Considering the new administration has stepped up its ousting of immigrants, expressed its disinterest in pursuing civil rights investigations of the nation's law enforcement agencies, applauded asset forfeiture, and declared war on leakers, it comes as no surprise the White House supports a clean reauthorization of Section 702 surveillance.

The Trump administration does not want to reform an internet surveillance law to address privacy concerns, a White House official told Reuters on Wednesday, saying it is needed to protect national security.

The announcement could put President Donald Trump on a collision course with Congress, where some Republicans and Democrats have advocated curtailing the Foreign Intelligence Surveillance Act, or FISA, parts of which are due to expire at the end of the year.

Section 702 has dodged reform efforts, thanks in part to the intelligence community's unwillingness to discuss anything about it. Repeated requests by representatives for the NSA to come up with an estimate of how many US persons' communications are swept up "inadvertently" have been met with shrugs and stalling. Five years after he was first asked, James Clapper promised to have something put together "soon." We're still waiting.

Not helping the matter is the Privacy and Civil Liberties Oversight Board's evaluation of the program. After finding the Section 215 phone metadata program both useless and illegal, it had very little to say about the NSA's internet backbone dragnet. The best it could offer was that it was likely legal and any collection of US persons' communications was probably "inadvertent." It agreed the massive collection program ran right up against the edges of the Fourth Amendment, but didn't cross it -- at least as far as it was willing to examine.

Unfortunately, there will be no follow-up arriving before the reauthorization period closes. The PCLOB is mostly dead and unlikely to be revived by an administration looking for a no-questions-asked rubber stamping of Section 702's five-year renewal. Given that the unanswered questions about domestic surveillance weren't answered in time for the 2012 renewal debate, it's highly probable the Director of National Intelligence's office won't be providing these numbers to Congressional representatives ahead of the December deadline.

Hopefully, there will be a more organized push back against a clean reauthorization. Thanks to multiple leaks, Congressional representatives should actually have some idea how much domestic surveillance occurs under this statute. It's more critical than ever that the program receive a detailed examination before the vote, considering the outgoing president gave more than a dozen federal agencies access to unminimized data/communications collected by the NSA.

And Trump himself has seen no reason to roll that sharing back, despite his antipathy towards much of Obama's orders and legislation. Ironically, his Saturday morning tweetstorm griping about the Trump Tower being "wire tapped" by Obama ahead of the November election. Once again, Trump has offered no proof of this claim, but even if taken at face value, it would be the byproduct of the Section 702 program he has stated he wants renewed with no changes. Communications with foreign persons is fair game under Section 702, even if the communications originate in the US. The FBI's acquisition of these communications (if that's what has happened) is specifically approved by the recent data-sharing program. Perhaps Trump might want to take a closer look at the program before attempting to shove it past inquistive legislators.

Read more:
Trump Administration Wants A Clean Reauthorization For NSA Surveillance - Techdirt

NSA whistleblower shows how candidate Trump could have been wiretapped – American Thinker (blog)

A former top intelligence official-turned-whistleblowerat the National Security Agency says surveillance programs by the NSA could have been keeping tabs on the Trump campaign and that their intelligence could have been shared with other agencies.

William Binney, a legend at the NSA, laid out the case for warrantless wiretapping of Trump Tower and how other intel agencies like the CIA could have had access to the wiretaps.

Fox News national security correspondent James Rosen himself bugged by the Obama administration says Trump may be right:

ZeroHedge Blog:

Washington's Blog asked the highest-level NSA whistleblower in history - Bill Binney - whether he thought Trump had been bugged.

Binney is the NSA executive whocreatedthe agencys mass surveillance program for digital information, who served as theseniortechnical director within the agency, who managedsix thousandNSA employees.

He was a 36-year NSA veteran widely regarded as a legend within the agency and the NSAsbest-everanalyst and code-breaker.

Binney also mapped out the Soviet command-and-control structure before anyone else knew how, and so predicted Soviet invasions before they happened (in the 1970s, he decrypted the Soviet Unions command system, which provided the US and its allies with real-time surveillance of all Soviet troop movements and Russian atomic weapons).

Binney told Washington's Blog:

NSA has all the data through the Upstream programs (Fairview/Stormbrew/Blarney) [background] and backed up by second and some third party country collection.

Plus the FBI and CIA plus others, as of the last month of the Obama administration, have direct access to all the NSA collection (metadata and content on phones,email and banking/credit cards etc.) with no attempt at oversight by anybody [background]. This is all done under Executive Order 12333 [the order whichallows unlimited spyingno matter what intelligence officials claim] ....

FBI would only ask for a warrant if they wanted to be able to take it into court at some point given they have something meaningful as evidence. This is clearly true given the fact the President Trump's phone conversations with other country leaders were leaked to the mainstream media.

In other words, Binney is saying that Trumps phoneswerebugged by the NSA without a warrant - remember, top NSA whistleblowers have previously explained that the NSA is spying onvirtuallyallof the digital communications of Americans. - and the NSA shared the raw data with the CIA, FBI and other agencies.

If the FBI obtained a warrant to tap Trump's phone, it was a "parallel construction" to "launder" improperly-gained evidence through acceptable channels.

As we've previouslyexplained:

The government islaundering information gained through mass surveillancethrough other agencies, with an agreement that the agencies willrecreate the evidence in a parallel construction so they dont have to admit that the evidence came from unconstitutional spying. This data laundering is gettingworseandworse.

So does it mean that the NSA spying on Trump Tower actually turned up some dirt?

Maybe ...

Binney has no direct knowledge of any surveillance of Trump Tower. What he has is a roadmap for how it could have been done. He also shows the likelihood that agencies could have used whatever information was captured by the NSA's information dragnet.

A couple of caveats. First, Obama's executive order allowing other intel agencies access to the NSA's raw data was signed after the campaign was over. That doesn't mean that any wiretapped information from the Trump campaign wasn't gathered or even shared by NSA. It means that it is less likely thatintelligence agencies hadaccess to Trump campaign phone and email records before the election.

Secondly, from what we know so far, the FBI was not operating under any warrants, nor were there any FISA warrants issued to spy on the Trump campaign. Again, this doesn't mean that it didn't happen. In fact, Binney's roadmap shows it's more likely that if surveillance occurred, it was done without a warrant. But if we're looking for hard evidence or a paper trail proving Trump's charge, we may never find it.

Astronomer Carl Sagan popularized the adage, "Extraordinary claims require extraordinary evidence." Sagan was talking about alien visitation of Earth and the fact that to date, solid "evidence" has been lacking. The same should hold true in politics. Accusing the former president of the United States of conducting a secret wiretapping program against an oppositionpresidential candidateis just about as extraordinary as it gets. So far, those who claim that the charges are true including the president are lacking solid evidence that the bugging occurred. What is offered as "proof" is more opinion and supposition than substantiation of facts.

But Binney's roadmap, along with what we know of surveillance during the Obama years, points to extremely troubling questions that Democrats cannot dismiss as "conspiracy-mongering." In this case, there were a will and a way. For the sake of the country, Congress needs to get to the bottom of the matter.

A former top intelligence official-turned-whistleblowerat the National Security Agency says surveillance programs by the NSA could have been keeping tabs on the Trump campaign and that their intelligence could have been shared with other agencies.

William Binney, a legend at the NSA, laid out the case for warrantless wiretapping of Trump Tower and how other intel agencies like the CIA could have had access to the wiretaps.

Fox News national security correspondent James Rosen himself bugged by the Obama administration says Trump may be right:

ZeroHedge Blog:

Washington's Blog asked the highest-level NSA whistleblower in history - Bill Binney - whether he thought Trump had been bugged.

Binney is the NSA executive whocreatedthe agencys mass surveillance program for digital information, who served as theseniortechnical director within the agency, who managedsix thousandNSA employees.

He was a 36-year NSA veteran widely regarded as a legend within the agency and the NSAsbest-everanalyst and code-breaker.

Binney also mapped out the Soviet command-and-control structure before anyone else knew how, and so predicted Soviet invasions before they happened (in the 1970s, he decrypted the Soviet Unions command system, which provided the US and its allies with real-time surveillance of all Soviet troop movements and Russian atomic weapons).

Binney told Washington's Blog:

NSA has all the data through the Upstream programs (Fairview/Stormbrew/Blarney) [background] and backed up by second and some third party country collection.

Plus the FBI and CIA plus others, as of the last month of the Obama administration, have direct access to all the NSA collection (metadata and content on phones,email and banking/credit cards etc.) with no attempt at oversight by anybody [background]. This is all done under Executive Order 12333 [the order whichallows unlimited spyingno matter what intelligence officials claim] ....

FBI would only ask for a warrant if they wanted to be able to take it into court at some point given they have something meaningful as evidence. This is clearly true given the fact the President Trump's phone conversations with other country leaders were leaked to the mainstream media.

In other words, Binney is saying that Trumps phoneswerebugged by the NSA without a warrant - remember, top NSA whistleblowers have previously explained that the NSA is spying onvirtuallyallof the digital communications of Americans. - and the NSA shared the raw data with the CIA, FBI and other agencies.

If the FBI obtained a warrant to tap Trump's phone, it was a "parallel construction" to "launder" improperly-gained evidence through acceptable channels.

As we've previouslyexplained:

The government islaundering information gained through mass surveillancethrough other agencies, with an agreement that the agencies willrecreate the evidence in a parallel construction so they dont have to admit that the evidence came from unconstitutional spying. This data laundering is gettingworseandworse.

So does it mean that the NSA spying on Trump Tower actually turned up some dirt?

Maybe ...

Binney has no direct knowledge of any surveillance of Trump Tower. What he has is a roadmap for how it could have been done. He also shows the likelihood that agencies could have used whatever information was captured by the NSA's information dragnet.

A couple of caveats. First, Obama's executive order allowing other intel agencies access to the NSA's raw data was signed after the campaign was over. That doesn't mean that any wiretapped information from the Trump campaign wasn't gathered or even shared by NSA. It means that it is less likely thatintelligence agencies hadaccess to Trump campaign phone and email records before the election.

Secondly, from what we know so far, the FBI was not operating under any warrants, nor were there any FISA warrants issued to spy on the Trump campaign. Again, this doesn't mean that it didn't happen. In fact, Binney's roadmap shows it's more likely that if surveillance occurred, it was done without a warrant. But if we're looking for hard evidence or a paper trail proving Trump's charge, we may never find it.

Astronomer Carl Sagan popularized the adage, "Extraordinary claims require extraordinary evidence." Sagan was talking about alien visitation of Earth and the fact that to date, solid "evidence" has been lacking. The same should hold true in politics. Accusing the former president of the United States of conducting a secret wiretapping program against an oppositionpresidential candidateis just about as extraordinary as it gets. So far, those who claim that the charges are true including the president are lacking solid evidence that the bugging occurred. What is offered as "proof" is more opinion and supposition than substantiation of facts.

But Binney's roadmap, along with what we know of surveillance during the Obama years, points to extremely troubling questions that Democrats cannot dismiss as "conspiracy-mongering." In this case, there were a will and a way. For the sake of the country, Congress needs to get to the bottom of the matter.

Original post:
NSA whistleblower shows how candidate Trump could have been wiretapped - American Thinker (blog)

Weapons of war should be allowed | Letter – The Courier-Journal

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The Second Amendment is not about guns, Instead, it is about the inalienable right to self defense.

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CJ Letter 1:56 p.m. ET March 6, 2017

Weapons(Photo: Czanner, Getty Images/iStockphoto)

The Fourth Circuit Court of Appeals recently found that the Second Amendment does not apply to weapons of war. I beg to differ. In our founders day, the musket was a weapon of war and a firearm widely used outside of war.Like most people today, our founders knew that technology would advance. Clearly, they believed that one day tyrants could rise again. This was the single most important aspect of why the founders established the Second Amendment. No modern day judge could possibly reach any other conclusion unless influenced by self-ideology. The Second Amendment not only covers AR-15s and AK-47s, but bigger more powerful semi automatics. Killers can always kill when they are facing unarmed victims, but this is not so for the armed citizen facing soldiers with semi-automatic weapons, for revolvers, shotguns and bolt action rifles are limited against such firepower. The Second Amendment is not about guns, Instead, it is about the inalienable right to self defense, a right that should never be defined by any man or woman, but protected by the oaths of statesmen, who have pledged to uphold that right.

Mark Damon Milby

Pekin, Indiana47165

Read or Share this story: http://cjky.it/2mwYPeE

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Weapons of war should be allowed | Letter - The Courier-Journal

Iowa: Attend Second Amendment Day at the Iowa State Capitol! – NRA ILA

All Second Amendment supporters are encouraged to attend Second Amendment Day at the Iowa State Capitol tomorrow, March 7. Second Amendment advocates will have the opportunity to meet with legislators and other pro-gun Iowans, in addition to watching the floor proceedings as the House of Representatives consider House File 517, the omnibus bill which would make many pro-gun reforms for Iowa gun owners. Further details can be found below. Also, please click the Take Action button below to contact your state Representative and urge them to SUPPORT HF 517!

Second Amendment Day Tuesday, March 7, 2017 Iowa State Capitol 1007 E. Grand Avenue Des Moines, IA 50319

10:00am-10:45am: Presentation and Speakers, Room 102 10:45am-12:00pm: Lobby Time 12:00pm: House of Representatives vote on HF 517

HF 517 covers a diverse range of important issues for gun owners. Included in HF 517 are the following pro-gun reforms:

Please stay tuned to your email inbox andwww.nraila.orgfor further updates on this bill as it advances through the Iowa Legislature.

Follow this link:
Iowa: Attend Second Amendment Day at the Iowa State Capitol! - NRA ILA

Arizona Passes Bill to Lift Infringements on Second Amendment Rights – Bearing Arms

On Wednesday, the Arizona Senate passed Senate Bill 1122, which prohibits local governments from requiring background checks for private party transfers. The billis considered to be a legislative repercussion against the city of Tucson. In the past, Tucson has destroyed every gun it seized, something gun-rights activists says could violate state law.

Because of Tucsons position on guns, Arizona Attorney General Mark Brnovich sued Tucson under a state law that allows the state to pull funding from local governments whose policies contradict those of the states. In other words, Tucson has one option: repeal the ordinance or face significant funding shortages. Losing state funding would cost the city of Tucson $170 million.

The Tucson city council refused to repeal the ordinance. While the issue plays out in court, the council has decided to pause the gun destruction program.

According to Brnovich, gun control is a state-level issue, not a local issue.

SB 1122 is being considered the legislative remedy to the Tucson problem.

From guns.com:

This is over-wrought, he said Tuesday during session. This does not allow local cities or counties to do any type of a background check for any exchange of property including cars. This is being decided before the state Supreme Court right now so lets not rush it. We should not be deicing for a city whats best for the public safety of its citizens.

The case Farley referenced pits Tucson against the state over its destruction of seized or surrendered firearms. The policy preempts state law which requires such firearms be sold, though a court decision in favor of Tucson would quash SB 1122, Farley said.

The city of Tucson is arguing that gun regulations are a matter of local control, he said. I think we should wait to see what the court decides before we make any more laws that could be invalidated.

Author's Bio: Beth Baumann

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Arizona Passes Bill to Lift Infringements on Second Amendment Rights - Bearing Arms