Tuesday, February 25, 2014

Leakers are ignored whistleblowers

Those who leak are ignored whistleblowers, who have followed legal regulations for reporting illegal activity.

Edward Snowden leaked documents to Glenn Greenwald at the Guardian, who shared them with New York Times, Guardian, and Der Spiegal as well as Barton Gellman at the Washington Post.

The New York Times published a story in December 2005 that the Bush Administration was wiretapping Americans without warrants.

Chelsea Manning gave documents to Wikileaks, who shared them with New York Times, Guardian, and Der Spiegal.

Daniel Ellsberg gave the Pentagon Papers to the New York Times.


These are all famous leakers, people with inside access to national security secrets, who when they saw abuse, shared it with the public through the press.

But it is not that simple. There was a long process that lead to their decisions to go to the press in order to get the story out.

I have pointed out many times that those who leak to the press are ignored whistleblowers.

Daniel Ellsberg and the Pentagon Papers
Daniel Ellsberg had worked in defense and at RAND for many years
consulting with Air Force generals during the 1962 Cuban Missile Crisis (Brothers, pg 172)

he was writing intelligence reports on Vietnam for the Department of Defense in the summer of 1965 (Young pg 168)

Ellsberg was knowledgable about the Vietnamese countryside, working with Robert Komer at CORDS in 1966 (Young pg 212)

Ellsberg was once an advisor to Henry Kissinger (Young 259)

Robert McNamara tasked Leslie Gelb with coordinating the Pentagon Papers report. (Young pg 211)

HERE.... In mid 1969 Ellsberg and 5 RAND colleagues wrote a letter to Nixon protesting the President's war policy. (Young 259)

Ellsberg first gave the Pentagon Papers to Senator Fullbright in November 1969, but Congress was unsure what to do with them, especially after the Secretary of Defense refused to declassify them. (Young 259)

In 1964 Ellsberg had served as government spokesman at the very first anti war teach-in. (Young, 259)

Ellsberg told Seymour Hersh that he had served 15 years, a system that lies automatically from top to bottom to protect a cover-up murder. (Young 259)


For the long story of how the Pentagon Papers made their way slowly to the New York Times, listen to the Democracy Now! program here. It was a long process to get the story out to the public in the New York Times.

And there is also the effort by the government to discredit whistleblowers:

Nixon called the Pentagon Papers the "Kennedy/Johnson Papers" as a way to link the war politically to Democrats (Young 260)

Ellsberg was to be prosecuted for releasing the actual documents, while E Howard Hunt, one of the Watergate Burglars, was tasked with forging cables that would tie President John F Kennedy to the murder of [South Vietnam prime minister] Diem. (Young pg 261) see more on Diem here

Erlichman said Ellsberg "was a fanatic, known to be a drug abuser" (quoted in Young, 261 but Brothers pg 370 corroborates Ellsberg's LSD use day RFK was killed)
but of course I will add that there was no problem with Ellsberg for 15 years, until he broke with govt policy, as is always the case with insiders who turn against wrong policies.


Ellsberg has done many interviews and debates since the Snowden revelations came out.



EDWARD SNOWDEN

Going through official channels achieved nothing Boing Boing quoting NYT interview 
he discovered flaws in the software of the C.I.A.’s personnel Web applications that would make them vulnerable to hacking. He warned his supervisor, he said, but his boss advised him to drop the matter and not rock the boat. After a technical team also brushed him off, he said, his boss finally agreed to allow him to test the system to prove that it was flawed.

 Daily Tech

Reportedly his supervisor found strong evidence that he had been trying to break into systems and files that he did not have access to (top-secret security access, after all, is relatively limited as at most agencies you only have access to the data you're working directly with).  Combined with his increasingly standoffish behavior, his supervisor wrote a derogatory report in his personnel file (called a "derog" in federal government jargon) and convinced CIA officials to relieve him from his post and ship him back home to the U.S.

Former NSA top executive and Whistleblower Thomas Drake, who was prosecuted as a spy for his whistleblowing activies, agrees with Snowden, writing (bold is my emphasis)
The NSA programs that Snowden has revealed are nothing new: they date back to the days and weeks after 9/11. I had direct exposure to similar programs, such as Stellar Wind, in 2001. In the first week of October, I had an extraordinary conversation with NSA's lead attorney. When I pressed hard about the unconstitutionality of Stellar Wind, he said:
"The White House has approved the program; it's all legal. NSA is the executive agent."
It was made clear to me that the original intent of government was to gain access to all the information it could without regard for constitutional safeguards. "You don't understand," I was told. "We just need the data."
continued
Stellar Wind was a highly secret program that, without warrant or any approval from the Fisa court, gave the NSA access to all phone records from the major telephone companies, including US-to-US calls. It correlates precisely with the Verizon order revealed by Snowden; and based on what we know, you have to assume that there are standing orders for the other major telephone companies.
 continued
I took my concerns up within the chain of command, to the very highest levels at the NSA, and then to Congress and the Department of Defense. I understand why Snowden has taken his course of action, because he's been following this for years: he's seen what's happened to other whistleblowers like me.By following protocol, you get flagged – just for raising issues. You're identified as someone they don't like, someone not to be trusted.

AND AFTER TRYING TO TELL NSA IG AND CONGRESS ABOUT ABUSE FOR YEARS, Thomas Drake was ignored for too long.
I reached a point in early 2006 when I decided I would contact a reporter.

 NYT writes Edward Snowden is a WhistleBlower NYT


Chelsea Manning (formerly known as Bradley Manning) 

Wikileaks source for Afghan War Logs, Iraq War Logs, Diplomatic Cables, Collateral Murder Video

For extensive coverage of Manning and Wikileaks and the Trial against them by the US Government, see Alexa O'brien at her Website


Here is the Manning Chat with convicted hacker Adrian Lamo, who turned Manning in after Manning admitted to leaking documents to Wikileaks published by WIRED
(12:15:11 PM) bradass87: hypothetical question: if you had free reign over classified networks for long periods of time… say, 8-9 months… and you saw incredible things, awful things… things that belonged in the public domain, and not on some server stored in a dark room in Washington DC… what would you do?
(12:16:38 PM) bradass87: or Guantanamo, Bagram, Bucca, Taji, VBC for that matter…
(12:17:47 PM) bradass87: things that would have an impact on 6.7 billion people
(12:21:24 PM) bradass87: say… a database of half a million events during the iraq war… from 2004 to 2009… with reports, date time groups, lat-lon locations, casualty figures… ? or 260,000 state department cables from embassies and consulates all over the world, explaining how the first world exploits the third, in detail, from an internal perspective?

Here are excerpts from Manning's statement to the court explaining her actions

I believed that if the general public, especially the American public, had access to the information contained within the [Iraq and Afghan War Logs] this could spark a domestic debate on the role of the military and our foreign policy in general as well as it related to Iraq and Afghanistan. 
 Manning speaks about trying to give documents to several newspapers
At my aunt’s house I debated what I should do with the SigActs, in particular whether I should hold on to them or disclose them to a press agency. At this point I decided that it made sense to expose the SigAct tables to an American newspaper. I first called my local newspaper, The Washington Post, and spoke with a woman saying that she was a reporter. I asked her if the Washington Post would be interested in receiving information that would have enormous value to the American public. Although we spoke for about five minutes concerning the general nature of what I possessed, I do not believe she took me seriously. She informed me that the Washington Post would possibly be interested, but that such decisions were made only after seeing the information I was referring to and after consideration by the senior editors.
I then decided to contact the largest and most popular newspaper, The New York Times. I called the public editor number on the New York Times website. The phone rang and was answered by a machine. I went through the menu section for news tips. I was routed to an answering machine. I left a message stating I had access to information about Iraq and Afghanistan that I believed was very important. However, despite leaving my Skype phone number and personal email address, I never received a reply from The New York Times.
I also briefly considered dropping into the office for the political commentary blog Politico, however the weather conditions during my leave hampered my efforts to travel. After these failed efforts I ultimately decided to submit the materials to the WLO [WikiLeaks Organization]. I was not sure if the WLO would even actually publish the SigAct tables. I was concerned that they might not be noticed by the American media. However, based upon what I had read about the WLO through my research described above, this seemed to be the best medium for publishing this information to the world within my reach.

Chelsea Manning writes to TIME Magazine for Thanskgiving, what she is thankful for here



So those who go to the press, which is legally protected to publish government secrets under the 1st Amendment, and does so all the time,  only do so after either going through the legal internal chains to report abuse, as Jeffrey Toobin and NSA defenders in Congress and the Intelligence Community say Snowden should have done, or after being ignored over a long period of time, usually several years, or waiting for policies to change.

Senator Ron Wyden considered for a long time leaking NSA abuse on the Senate Floor, and is legally allowed to do so under the Senate Rules

http://thehill.com/blogs/hillicon-valley/technology/317319-wyden-considered-disclosing-nsa-secrets-on-senate-floor

Sen. Ron Wyden (D-Ore.), a longtime critic of the National Security Agency's (NSA) surveillance programs, told Rolling Stone that he considered disclosing classified information on the Senate floor prior to the leaks by former contractor Edward Snowden.
The Speech or Debate Clause of the Constitution shields members of Congress from prosecution for statements that they enter into the Congressional Record.
And then there are "official leaks" by Administration officials, which makes the govt look good--I guess since no documents are released to the press, this is OK, as it happens all the time with no consequences WaPo story
“Shihata is among the few remaining members of al-Qaeda’s old guard,” said a U.S. counterterrorism official, who spoke on the condition of anonymity because of not having authorization to talk publicly about the movements of the al-Qaeda figures.

CSM story
A senior U.S. law enforcement official said Joaquin "El Chapo" Guzman was taken alive overnight in the beach resort town. The official was not authorized to discuss the arrest and spoke on condition of anonymity.


Iowa Senator Tom Harkin is retiring now after 40 years in Congress. Before he was elected himself, he served another US Congressman.  Harkin was fired when he saw abuse in Vietnam and went to Life Magazine with the pictures.  He was told at the time that "he would never work in DC again."

Here he talks about "not always trusting what your government tells you about 'the enemy'
https://www.youtube.com/watch?feature=player_embedded&v=3GrKX1jATXA

https://www.harkin.senate.gov/issue/protection/
Senator Harkin's commitment to human rights came into focus in 1970, when he went to Vietnam as a young Congressional staffer on a "fact finding" mission. Unfortunately, when Harkin stumbled on some horrifying cases of abuse, many delegation members did not want to face the facts. Harkin went to Con Son Island, where the South Vietnamese government was keeping hundreds of political prisoners in "tiger cages" in the ground, shackled and living in unspeakable squalor. When he returned to the States, despite the objections of his superiors, Harkin spoke out. His photographs of the tiger cages were published in Life magazine, and for his courage, he was fired.
 http://www.historiansagainstwar.org/resources/torture/luce.html

The Tiger Cages
In 1970, President Nixon sent a delegation of ten Congressmen to Viet Nam to investigate pacification. A part of their mandate included a visit to a prison in South Viet Nam as a way to be allowed to visit a prison where U.S. POWs were held in the North.
Tom Harkin, then an aide to the congressional group, convinced two of the Congressmen to investigate stories of torture in the Tiger Cages off the coast of Viet Nam (the French built them in 1939 to hold political opponents; similar ones in French Guinea became famous in the movie Papillion, starring Steve McQueen and Dustin Hoffman). The congressman requisitioned a plane for the 200-mile trip to Con Son Island. I was asked to go as an interpreter and specialist in Vietnamese prisons. At that time I was working for the World Council of Churches.
On the way out Frank Walton, the U.S. prison advisor, described Con Son as being like "a Boy Scout Recreational Camp." It was, he said, "the largest prison in the Free World."
We saw a very different scene when we got to the prison. Using maps drawn by a former Tiger Cage prisoner, we diverted from the planned tour and hurried down an alleyway between two prison buildings. We found the tiny door that led to the cages between the prison walls. A guard inside heard the commotion outside and opened the door. We walked in.
The faces of the prisoners in the cages below are still etched indelibly in my mind: the man with three fingers cut off; the man (soon to die) from Quang Tri province whose skull was split open; and the Buddhist monk form Hue who spoke intensely about the repression of the Buddhists. I remember clearly the terrible stench from diarrhea and the open sores where shackles cut into the prisoners' ankles. "Donnez-moi de l'eau" (Give me water), they begged. They sent us scurrying between cells to check on other prisoners' health and continued to ask for water.
The photos that Harkin, today a U.S. Senator from Iowa, took were printed in Life Magazine (July 17, 1970). The international protest which resulted brought about the transfer of the 180 men and 300 women from the Cages. Some were sent to other prisons. Some were sent to mental institutions.

Harkin we will miss you and your courage
He wrote about the experience in a cover story for The Progressive in October 1970 called “Vietnam Whitewash: The Congressional Jury That Convicted Itself.” He said he couldn’t ignore the voices of the prisoners in the tiger cages begging him to tell their stories. And he also said: “One man can stand up and make a difference.”

If only Snowden, Manning, were senators at the time they spoke out........



NSA/Huawei/Apple

There has been a lot written about Apple's invlolvement with NSA spying revealed by Edward Snowden, including PRISM, DROPOUTJEEP, and bugs in IOS and OS operating systems, as well as stories about Angry Birds, leaky apps such as Google Maps and many other revelations in the Snowden documents.

Here is computer security expert and journalist Jacob Appelbaum talking NSA revelations including DROPOUTJEEP used for APPLE products.
So DROPOUTJEEP, so you can see right there. So, SMS, contact list retrieval, voicemail, hot microphone, camera capture, cell tower location. Cool. Do you think Apple helped them with that? I don’t know. I hope Apple will clarify that. I think it’s really important that Apple doesn’t.
Here’s a problem. I don’t really believe that Apple didn’t help them. I can’t prove it yet, but they literally claim that any time they target an iOS device, that it will succeed for implantation. Either they have a huge collection of exploits that work against Apple products, meaning that they are hoarding information about critical systems that American companies produce and sabotaging them, or Apple sabotaged it themselves. I’m not sure which one it is. I’d like to believe that since Apple didn’t join the PRISM program until after Steve Jobs died that maybe it’s just that they write shitty software. We know that’s true.


Marcy Wheeler is daily required reading by the way.......
Here is Marcy Wheeler (Blog, Twitter) writing about Apple's latest revelations on their security flaws

Marcy writes (emphasis is mine)
Now, if I were a leading device/consumer products company with an incentive to get consumers deeper into the cloud and living further and further online, particularly if I were a leading device/consumer products company sitting on mountains and mountains of cash, upon reading the report last September, I would throw bodies at my code to make sure I really was providing the security my customers needed to sustain trust. And given that this is a key part of the security on which that trust relies, I would think the mountains of cash device/consumer products company might have found this bug.
According to rumors, at least, this bug was not found by Apple with all its mountains and mountains of cash; it was found by a researcher.



But before Snowden's revelations, Congress was warning Americans about ANOTHER issue with a government spying on Americans through computer hardware and software, China's Huawei and ZTE companies, accused of being linked with Chinese intelligence and worries that the Chinese government could put in malware or other spying technology in their products that were sold in America.

So MY question is with all of these concerns about Huawei, why didn't Congress work as hard to protect Americans from other companies that had spying operations that could have targeted Americans??


Huawei is security threat says Mike Rogers
The panel’s probe coincides with increased U.S. warnings about digital spying by China. U.S. counterintelligence officials called China the world’s biggest perpetrator of economic espionage in a report last November, saying the theft of sensitive data in cyberspace is accelerating and jeopardizing an estimated $398 billion in U.S. research spending.
Oddly enough, this "update" on Huawei came at the end of the 60 Minutes piece on NSA, criticized as propoganda by many journalists covering the NSA and Snowden revelations Mike Rogers on 60 Minnutes

Here is the full CBS 60 Minutes NSA piece

And the criticism
"Don't be fooled by 60 Minutes NSA piece"

60 Minutes checks Journalistic skepticism at the door

60 Minutes does NSA PR

and of course don't forget Twitter, where many live tweeted the problems with the coverage NSA report outrage   NSA report


This could have been done by Apple itself, as in the past it has very publicly blocked some developers from bringing apps to the store that were deemed politically sensitive

10 Apps Blocked

From Democracy Now!

 Drone strikes info on your iPhone
A new iPhone app has been released that tracks every reported U.S. drone strike overseas. Over the course of two years, Apple rejected different versions no less than five times....Apple stalled the app’s approval for political reasons before Begley found a workaround....They said that it was excessively crude or objectionable content.


 Or in other cases there are apps simply not available in the store you use in your country, and you get the message
The item you've requested is not currently available in the U.S. store link

 If Congress and Mike Rogers really cared about American's privacy, computer security, and America's intellectual property, as well as military hardware, we should

A) stop dragent surveillance
B) block Huawei and other hardware and software where there are security concerns because of foreign governments
C) prevent American's access to potentially harmful hardware and software

Otherwise it is just more hypocrisy and double talk from Congress and NSA about protecting Americans security and privacy.

Tuesday, February 4, 2014

Comments

Some comments I wanted to share about recent stories

FAIR Media Watch Counterspin http://fair.org/     

http://fair.org/counterspin-radio/


A Domestic terrorism case in upstate NY gets little national attention when the victims are Muslims.

The Jan 17th show discussed Ariel Sharon's REAL legacy, and NPR's dissappointing move to accept ad money from the Natural Gas industry, but not from groups opposed to gas fracking.  NPR's factual errors in reporting about gas drilling hazards, and highlighting the "economic benefits" of fracking while not covering the downsides including EPA killing a report about environmental effects in Pennsylvania drinking water. 

From the Jan 31st  show

The host, Steve Rendall in discussing "Mitt"--the documentary about Mitt Romney, tells us what the role of news media should be versus what most Mainstream Media is today
Journalism is meant to be an effort to interrogate politicians' constructed images, not celebrate them.  The public needs reporters to explain what candidates propose to do in office, whether their record suggests that they are likely to do those things, and what will happen if they did.

In examining Obama's State of The Union speech, Steve lists a few instances where Obama has paid lip service to a cause, while also asking for adverse policies, and I add a few as well.

Steve mentions that Obama:
  • warns about climate change but calls for more drilling
  • wants to end "cycle of wars" but was just stopped from starting a new war in Syria
  • calls for equality, raise minimum wage but calls for more free trade pacts 

I would add 
  • calls for ending war in Afghanistan, but not really since he wants to keep drone bases in the country for 10 more years in order to attack Pakistan NY Times
  • said he ended the Iraq War, when he tried to keep troops there but couldnt get legal immunity for them, and the AUMF is still active 2 years later Senator Wyden
  • calls on Congress to pass immigration reform, while deporting nearly 2 million people, ignoring his own administration's Morgan Memos calling for an end to deporting those whose only crime was coming here illegally. This American Life American Prospect Mother Jones Think Progress
  • and of course there are whistleblowers and dissenters who he praises as keeping government honest, but prosecutes them as spies and jails them, while "welcoming debates" they bring to the public. Change.gov

http://change.gov/agenda/ethics_agenda/

Protect Whistleblowers: Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process. 

John Schmitt, the guest on the show, said that
we have to make sure that he does what we want him to do, and to bring political pressure to make that happen

instead of waiting for what Obama wants to do and not pushing him further to the left or keeping him to his own words or what policies actually work.