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BP Considers Spinning Off Iraq Operations – The Wall Street Journal

LONDONBP PLC is working on a plan to spin off its operations in Iraq into a stand-alone company, according to people familiar with the matter, as the oil giant shuffles its assets and investment plans in its pivot toward lower-carbon energy.

The new company would hold BPs interest in Iraqs giant Rumaila oil fieldone of the worlds largestand be jointly owned by China National Petroleum Corp., one of the British companys partners at the site, the people said. The new entity would hold its own debt, separate from BP, and distribute profits via dividends, the people added.

The plan aims to give BP more flexibility to invest in low-carbon energy by enabling it to reduce its spending on oil and gas, the people said.

Such a move would underscore how some European oil companies are backing away from decades of pioneering exploration in sometimes challenging locations to refocus on where future energy demand is expected to grow: low-carbon fuels and electricity.

The potential shift would have particular significance for BP because of its history in Iraq, dating to the 1920s.In 2009, BP was the first international oil business to return to Iraq after the U.S.-led invasion.

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BP Considers Spinning Off Iraq Operations - The Wall Street Journal

State Court Confirms The Obvious: There’s No Expectation Of Privacy In Text Messages Sent To Other People – Techdirt

from the yet-another-'going-dark'-option dept

A Massachusetts court recently sent out the useful reminder that a person's reasonable expectation of privacy does not extend to other people. In other words, there's an expectation of privacy in sent communications, but only up to the point that someone receives them. (via FourthAmendment.com)

In this case [PDF], the defendant in a drug conspiracy hoped to suppress evidence against him obtained from another person's phone. The lower court allowed Jorge Delgado-Rivera to join a motion to suppress filed by another defendant whose phone was searched by law enforcement following a traffic stop.

The higher court says this was the wrong thing to do.

We conclude that, in the circumstances at issue here, the judge erred in deciding that Delgado-Rivera could join in the motion to suppress to challenge the stop and subsequent search.

Delgado-Rivera should not have been allowed to join in the motion to suppress because he enjoyed no reasonable expectation of privacy, under either State or Federal law, in the text messages sent by him that were stored on a cellular telephone belonging to, and possessed by, another person.

This is a simple enough finding -- one that hasn't been contradicted by any case law here in the United States. (The Supreme Court of Canada, however, has decided the expectation of privacy of the sender carries over to the recipient of communications.) The only analogous case -- cited by the lower court in its ruling-- deals with the findings of the Washington state Supreme Court, which held in 2014 that a message's sender still retains an expectation of privacy. But the twist there is that it only covered messages sent -- but never received -- by the intended recipient. That finding deals with law enforcement's interception of these messages, with an officer posing as the intended recipient in hopes of collecting incriminating communications.

In this case, the messages were sent to the person whose phone was searched. And once they're sent and received, the recipient is free to share the communications with anyone, including law enforcement. That's what happened here, although the "sharing" question has been answered in another opinion, granting the message recipient his motion to suppress. That's detailed in a footnote which shows the supposedly consensual search of the phone most likely wasn't.

At an evidentiary hearing on his motion to suppress, Leonel Garcia-Castaneda argued that Officer Jose Tamez's search of his cellular telephones was non-consensual, at least in part because Garcia-Castaneda can speak and read only in Spanish, and the consent form he signed to authorize the searches was in English. The Commonwealth called Tamez to testify on this issue, but he invoked his right not to incriminate himself under the Fifth Amendment to the United States Constitution and therefore was not available to testify regarding the details of the stop and the subsequent searches. The Commonwealth presented no other evidence regarding the stop. The judge thus determined that the fruits of the search in Texas could not be used as evidence against Garcia-Castaneda.

This raises a question that is never answered in this opinion. If messages being used as evidence against Jorge Delgado-Rivera were obtained with an apparently illegal search of Garcia-Castaneda's phone, wouldn't this invalidate the evidence obtained against Rivera from Castaneda's phone? Apparently not. The court notes it in passing and makes no further mention of it in the rest of the ruling.

It does, however, suggest it would view the expectation of privacy in sent communications a little differently if the messages were encrypted or otherwise protected from being seen by anyone other than the intended recipient:

The Commonwealth notes the absence of evidence suggesting "that [Delgado-Rivera] took any steps to protect the contents of those messages [he sent to Garcia-Castaneda] by, for example, using encrypted messaging applications like Signal or Telegram, or an application that defaults to content deletion such as Snapchat." While the use of such applications, or similar efforts to enhance the privacy or security of the messages at issue, likely would be relevant to the extent that it reveals a defendant's efforts to protect his or her privacy, we leave for another day an issue that was not briefed by the parties and is not presently before us.

But the addition of encryption/self-destruction to messaging won't necessarily establish an expectation of privacy. Recipients can decrypt messages and share them or take screenshots of messages before they're destroyed. The senders of messages generally aren't expecting to share the contents of those communications with law enforcement, but there's very little preventing law enforcement from obtaining the contents from the receiving end of those communications.

Even with the seemingly illegal phone search in the mix, the court is right: there's no expectation of privacy. But there appears to be an unanswered question about the legality of the evidence being used against Delgado-Rivera. If was obtained via an illegal search, it should be suppressed, even if there's no expectation of privacy in messages he sent to someone else. But from what's said here, it appears Rivera will need to submit his own motion to suppress, rather than hitchike on his codefendant's suppression attempt.

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Filed Under: 3rd parties, expectation of privacy, privacy, recipients, text messages

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State Court Confirms The Obvious: There's No Expectation Of Privacy In Text Messages Sent To Other People - Techdirt

Natiq: Iraq need complete solidarity to reach the World Cup – FIFA.com

Thirty-five years have passed since Iraq debuted at the FIFA World Cup. That team was spearheaded by the late Ahmed Radi, who beat none other than Belgiums Jean-Marie Pfaff to score the country's one and only goal at footballs premier event.

Now, three-and-a-half decades on, a new generation of Iraqis believe they can end the team's long hiatus. With two matchdays remaining in the second round of qualifying for the FIFA World Cup Qatar2022, the Lions of Mesopotamia lead the way in Group C.

Srecko Katanec's side face Hong Kong next Friday then IR Iran on Tuesday 15 June in a fascinating duel that will most likely determine who tops the group and qualifies directly for the third and decisive qualifying round.

As well as a potent attack headed by Mohanad Ali, the Slovenian coach will be counting on his formidable rearguard for the next two games. With only three goals conceded in six fixtures, Iraq unsurprisingly boast the meanest defence in the group.

Defender Saad Natiq, who played the first five group games before missing the last one against Cambodia due to suspension, returns to the side. He found time to chat with FIFA.com about Iraq's dreams of reaching the next World Cup in Qatar.

"Were top of the group so have a good chance of securing qualification [for the next round] in the next two matches," he says of his teams chances.

"We had a good period of preparation with the squad all together and contesting two friendlies. Right now, the team are in top form, so I hope we can perform to a good level in these two fixtures to make the Iraqi fans happy.

"The role of the coach has been key, because hes worked a lot on how we set up at the back, giving us the best defensive record in the group. This motivates us to continue pushing ourselves to maintain that level," added the 27-year-old.

Saad Natiq shone brightly in 2013 when, along with many of his current team-mates, he led Iraq to the semi-finals of the FIFA U-20 World Cup in Turkey. There they came up short against Uruguay and subsequently lost to Ghana in the third-place match.

Three years later, the commanding defender represented his country at the Men's Olympic Football Tournament at Rio 2016, playing two games. As well as acquiring invaluable experience, Natiq had the distinction of helping his side earn a deserved draw with Neymars Brazil during the group phase.

"Getting fourth place with the U-20s at a World Cup was a magnificent experience that we got to enjoy with our coach Hakeem Shakir. We also performed well at the Olympics but weren't lucky enough to get past the group stage," he recalls.

"It was a great adventure that taught us a lot. Taking part in those two tournaments gave us a lot of experience, so were hoping we can reach another World Cup. Well be doing all we can to achieve this goal," the player adds.

Natiq insists that Iraqs fine results in recent years are mainly due to the great understanding that exists between team members who have been playing together since U-20 level.

"Most of us have been playing together for a long time, as far back as 2013. We started with the U-20s, then we moved on to the Olympic team for Rio de Janeiro, and now were in the senior side. The end result is that theres now a great rapport between the players, which has had a positive effect on the team," he says.

"We hope to appear again at a major international tournament, such as the World Cup," concluded Natiq, who would love to return to Qatar having played there for Al Arabi. "However, reaching Qatar 2022 will require complete solidarity and support for the current generation. Only then will we achieve our goal and be able to face the best teams on the planet."

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Natiq: Iraq need complete solidarity to reach the World Cup - FIFA.com

UNAMI Press Release: SRSG for Iraq briefs diplomatic representatives on the new mandate; UNAMI aims to strengthen Iraq’s electoral capacities and…

Baghdad, 9 June 2021 The Special Representative of the United Nations Secretary-General for Iraq, Ms. Jeanine Hennis-Plasschaert, briefed today in Baghdad representatives of the diplomatic missions accredited to Iraq, on the latest Security Council resolution concerning Iraq and the correspondingly enhanced mandate of the United Nations Assistance Mission for Iraq (UNAMI).

In its resolution 2576 (2021) adopted on 27 May, the Security Council commended the Government of Iraqs efforts to plan and execute genuinely free and fair early elections that are credible, participatory and inclusive, with the full, equal and meaningful participation of women. The resolution also welcomed the governments request for further UN electoral advice, support, and technical assistance in this regard.

UNAMI already provides comprehensive technical assistance and advice to IHEC on election management, legal and regulatory frameworks, training and procedures, Covid preparedness, procurement, logistics, information and communication technology, field-level coordination, communications and outreach, gender policies, and election security planning at the HQ and governorate levels. With more than 70 UN electoral staff currently deployed throughout the country, the aim is to strengthen Iraqs electoral capacities and promote transparency, thereby rebuilding trust in Iraqs electoral institutions and processes, SRSG Hennis-Plasschaert clarified.

Pursuant to the recently adopted Security Council resolution, UNAMI is now in the process of preparing for the phased deployment of additional UN teams on the ground in the lead up to, and on election day. The SRSG invited the international community to support this initiative so as to ensure that sufficient UN electoral staff can indeed be deployed.

Positively responding to the request of the Government of Iraq, the Security Council decided to endorse a strengthened, robust and visible UN team, with additional staff, in advance of Iraqs forthcoming election, to monitor Iraqs election day with as broad a geographic coverage as possible, and to continue to assist with the election, in a manner that respects Iraqi sovereignty, SRSG Hennis-Plasschaert stated.

The SRSG emphasized the importance of all Iraqis using their democratic right by casting their votes in high numbers, thus making these elections a true democratic milestone in the history of Iraq. The people of Iraq have spoken loudly and clearly to demand these elections: now is the time to make these voices heard through the ballot box. This is your country, and your vote can shape the future of Iraq.

The United Nations fully supports the Iraqi peoples desire for a political system that truly represents them and meets their needs. The October early elections can help realize that desire, hopefully strengthening the foundations of a strong, stable and sustainable Iraq, SRSG Hennis-Plasschaert said.

In line with the Security Council resolution, she also made it clear that the elections are at all times Iraqi-led and Iraqi-owned: it is first and foremost the responsibility of the Iraqi institutions and political leadership to ensure transparency and accountability in the electoral process. The elections must be conducted in a conducive environment where candidates conduct their campaigns, and voters cast their ballots, freely and safely.

UNAMI publishes regular reports on Iraqs electoral preparations and processes, which can be accessed here: https://bit.ly/3g1fClb

*****

For more information, please contact UNAMI Public Information Office at unami-information@un.org

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UNAMI Press Release: SRSG for Iraq briefs diplomatic representatives on the new mandate; UNAMI aims to strengthen Iraq's electoral capacities and...

Feds face calls for inquiry into military’s handling of Iraq war crime reports – Toronto Star

OTTAWA - The federal Liberal government is facing calls for an independent inquiry following allegations the military failed to respond to a complaint three years ago that Iraqi forces being trained by Canadian troops had committed war crimes.

NDP defence critic Randall Garrison suggests the complaint and concerns about the vetting of other Iraqi forces working with Canada are part of a disturbing pattern going back at least a decade, which is why he believes an independent probe is needed.

What Ive seen over time is that rank and file Canadian troops and lower levels of the officer corps have brought these issues to the attention of senior leaders, and senior leaders appear to have a pattern of telling people just not to pay attention, he said.

Why is that happening? I think there needs to be an independent inquiry. Is this the fault of certain senior leaders? Or is there something systemic here that causes us not to uphold international (law) and even our own national law?

Military police are currently investigating the handling of an incident in September 2018, where Canadian soldiers were helping with the enrolment of 270 Iraqi troops for a U.S.-led training mission near the northern city of Mosul.

An internal report obtained by The Canadian Press and first reported on by Postmedia says the Canadians were shown videos of war crimes and human rights violations being perpetrated by the Iraqi troops they were there to train.

Yet when the Canadians raised the issue with their commanders, according to the report, they were told the matter would be dealt with and that they were to ignore the videos and carry on.

One of the soldiers involved said he tried to raise the issue with his commanders on three different occasions, but that he and other members of his unit remain uncertain whether appropriate action was effectively taken.

A separate, secret memo obtained by The Canadian Press shows then-defence chief general Jonathan Vance was warned in January 2020 that the vetting of Iraqi security forces with whom Canadian troops might have interacted lacked sufficient depth.

Garrison says the recent concerns are a continuation of issues first raised in Afghanistan more than a decade ago, when the military was accused of having transferred detainees to local authorities despite knowing they might be tortured.

That is why he believes the inquiry should also include a fresh look at what happened then. Defence Minister Harjit Sajjan, who previously served in Afghanistan, rebuffed NDP calls in 2016 for such an inquiry into the Afghan detainee affair.

Things that were war crimes came to the attention of Canadians, were referred up the chain of command, and nothing happened, Garrison told The Canadian Press.

Conservative defence critic James Bezan in the House of Commons on Thursday questioned the governments decision to extend Canadas mission in Iraq given concerns about the Iraqi forces working with Canadian troops.

Canada is contributing to greater peace and security in the world and remains a strong partner in the fight against (the Islamic State of Iraq and the Levant), Sajjans parliamentary secretary Anita Vandenbeld told Bezan.

We are committed to meeting our obligations under international and domestic law. The Canadian Armed Forces is no longer operating with the Iraqi security forces related to these allegations.

Experts say it is not surprising that Canadian troops found themselves interacting with Iraqi soldiers who may have committed atrocities given the countrys recent history, and that part of their mission is to prevent such behaviour in the future.

This sounds kind of maybe counterintuitive, but it just reinforces how much were needed there, said Bessma Momani, an expert on Middle Eastern politics at the University of Waterloo.

Yet both Momani and fellow Middle East expert Thomas Juneau from the University of Ottawa said the reports underscore the need for better transparency and accountability when operating in such environments and with such partners.

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The government should be more transparent with Canadians about the challenges involved in the mission in Iraq, and about what we are trying to accomplish, Juneau said in an email.

The government should also specifically be more transparent about what it is doing to make sure that Canadian troops deployed in Iraq, or in other comparable missions, comply with international law on these matters (and also on what happens if or when troops fail to comply with international law).

This report by The Canadian Press was first published June 11, 2021.

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Feds face calls for inquiry into military's handling of Iraq war crime reports - Toronto Star