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Wikileaks exposes: Bundestag Inquiry into BND and NSA

By on May 15, 2015 in affairs, BND, Germany, NSA & Snowden, US

From Wikileaks…

“Today, Tuesday 12 May, WikiLeaks releases ten months of transcripts from the ongoing German Parliamentary inquiry into NSA activities in Germany. Despite many sessions being technically public, in practice public understanding has been compromised as transcripts have been withheld, recording devices banned and reporters intrusively watched by police.”

“WikiLeaks is releasing 1,380 pages of transcripts from the unclassified sessions, covering 34 witnesses – including 13 concealed witnesses from Germany’s foreign intelligence agency, the Bundesnachrichtendienst (BND). The transcripts cover from the start of the inquiry in May 2014 through to February 2015.” (…)

“One of the biggest scandals to emerge from the inquiry so far is the recent “selector” spy target list scandal where a BND official revealed that the agency was expected to spy on thousands of targets at the instruction of the NSA. These targets included members of the French government and European industry. This put into question Germany’s suitability in taking a leadership role in the European Union. It also showed that international co-operation on mass surveillance, which has been marketed in public as a counter-terrorism measure, is in practice also used by the United States for the purposes of industrial espionage and geopolitical advantage vis-a-vis members of the European Union.”

Wikileaks »

Glyn Moody at TechDirt: Wikileaks Releases Transcript Of German Inquiry Into Growing NSA Spy Scandal »

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“The Vindication of Edward Snowden”

By on May 11, 2015 in Big Brother, NSA & Snowden, Privacy, US

Conor Friedersdorf at The Atlantic writes…

Snowden undeniably violated his promise to keep the NSA’s secrets. But doing so was the only way to fulfill his higher obligation to protect and defend the Constitution, which was being violated by an executive branch exceeding its rightful authority and usurping the lawmaking function that belongs to the legislature. This analysis pertains only to the leaked documents that exposed the phone dragnet, not the whole trove of Snowden leaks, but with respect to that one set of documents there ought to be unanimous support for pardoning his disclosure.

Read more: The Vindication of Edward Snowden »

(Via: BoingBoing)

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Recent court ruling does NOT end NSA mass surveillance

By on May 10, 2015 in NSA & Snowden, Privacy, Uncategorized, US

In an important decision last week an appeals court in New York ruled that NSA collection of Americans’ phone records is unlawful. However, this does not put an end to NSA mass surveillance.

What the court ruling says:

  • NSA collection of metadata is in breach of the Patriot Act, going beyond its mandate.
  • Now it will be possible for others to sue the NSA.
  • The collection of metadata practice will not end here and now, even if it is deemed unlawful.
  • The ball is back with US politicians, now considering to extend the Patriot Act.

What it does not say:

  • That bulk collection of meta data is unconstitutional.
  • That this collection must come to an end.

The ruling is a step in the right direction. But in no way a final victory.

Read more:
• NSA mass phone surveillance revealed by Edward Snowden ruled illegal »
• The courts stood up to NSA mass surveillance. Now Congress must act. »
• The court ruling (PDF) »

/ HAX

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Snowden: A matter of unintended consequences

By on May 6, 2015 in Big Brother, Democracy, NSA & Snowden, Privacy, surveillance

No, I’m not into conspiracy theories. Yes, I believe that Edward Snowden is a genuine hero and that he is acting from the best of intentions. Nevertheless, there is a side of the Snowden revelations that has been oddly overlooked. A matter of unintended consequences.

Some people already knew. Some were pretty convinced. Some suspected. A lot of people had a hunch. Then came Snowden. Now we all know. That is a good thing.

Unless you are the US Government or the NSA. (Or their international partners.) Then you are furious.

This is what is so intriguing. Shouldn’t people in high places be rather content?

Naturally governments and spy organisations don’t want their methods to be known. But what about the awareness of mass surveillance, as such?

The very notion of blanket surveillance will change people. For the worse, if you ask me. But, giving it some thought, politicians and bureaucrats might have reason to perceive it in another way. From their perspective, the way Big Brotherism changes people doesn’t have to be a bad thing.

It will thwart opposition. It will daunt traditional whistleblowers. It will deter activism. It will silence dissent. It will keep people in check. It will foster servitude.

Now, the people will — sadly enough — know that there are good reasons to fear the government. Suddenly we live in a society where mass surveillance is the new norm. A society where it is safer to keep a low profile.

How… convenient.

I fear it will not take long before this mindset will begin to saturate the ruling classes.

/ HAX

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German BND-NSA scandal: Government only admits to what it can no longer deny

By on May 4, 2015 in affairs, BND, Germany, NSA & Snowden, US

The German BND-NSA scandal seems to snowball. Focus is now shifting towards Chancellor Angela Merkel.

German Intelligence, BND — acting directly under the Chancellor Office — is accused for spying on European political and economical targets on behalf of the American surveillance authority NSA. Now the question is: What did Merkel know?

Chancellor Merkel is known for taking moral high ground when it turned out that she had been under NSA surveillance, stating that “you do not spy on your friends”. And now it turns out Germany did. (If we assume that e.g. France and the EU are Germanys “friends”.)

On top of all this, there are the (allegedly 12,000) cases where Germany did not assist the NSA. All documentation about these cases seems to have been deleted.

It seems that the German government and/or the Chancellor Office might have been missleasing the Reichstag (parliament). If so, the question is if the Reichstag can trust the highest political leaders of the country. This is a very serious question of confidence.

From another perspective, the BND/NSA affair underpins the notion that whatever politicians tell the people — the transatlantic intelligence cooperation continues unmoved.

The Local: Pressure on Merkel rises over BND affair »

/ HAX

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The Intelligence Community and Democracy

By on April 23, 2015 in Big Brother, NSA & Snowden, Rule of law, surveillance, US

In many ways, Germany seems to be an OK country. At a glance.

The Germans have learned their lessons, after Nazi and Communist rule. They have a reasonably functional Constitutional Court and a reasonably decent constitution. The German parliament, Die Bundestag, is the only European national parliament looking into the Snowden files in a serious way. And German politicians will not accept having other countries spying on them, not even the US.

But, does it matter?

This is the German Federal Intelligence headquarters, the Bundesnachrictendienst (BND).

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Somehow, it reminds me of the ad tag line for that German chocolate Ritter: Kvadratisch. Practich. Gut.

Well, the “Gut” thing… I’m not so sure.

Today Der Spiegel reported that the BND has targeted politicians in friendly European nations and inside Germany for surveillance on behalf of the US National Security Agency (NSA). TheLocal.de reports, in English…

Der Spiegel reported that the US spy agency sent Germany’s foreign intelligence agency, the Bundesnachrictendienst (BND), huge numbers of “selectors” – computer addresses, mobile phone numbers and other identifying information – which are used to target people’s digital communications.

Die Zeit reported that the NSA asked for a total of 800,000 people to be targeted for surveillance.

This underlines a universal problem. What good are laws, constitutions, enquiries, democratic oversight and politicians who care for real – if the intelligence community does whatever it wants, without asking for permission or telling anyone?

But the true extent of the scandal wasn’t revealed until the Bundestag’s (German parliament) NSA Inquiry Committee submitted a request for evidence to the BND. (…)

Chancellor Angela Merkel’s office, to which the BND is directly responsible, was not informed about the spying on friendly targets until after that parliamentary question was asked, in March 2015.

The intelligence services simply doesn’t give a fuck. They do whatever they want. And no matter what is going on in politics – they keep their close bonds with their Mothership, the US intelligence community.

Some might argue that we (the western world) must stick together in these matters. Maybe. Maybe not. But if we should, we ought to be open with it.

And all those intelligence agencies must be under some sort of democratic control. I understand the need for a certain level of secrecy. But, in the end, they are tools for the benefit of our democratic societies. Not the other way around.

/ HAX

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