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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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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 »

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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.

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Sony & MPAA to use trade agreements to stop copyright reform

By on April 20, 2015 in Big Business, Big Entertainment, Copyright, EU, Freedom of Speech, Intellectual Property, Internet, TTIP, US

Some days ago Wikileaks released the “dump” from the Sony hack. Among other things, we can find this piece of information…

“Finally, in regard to trade, the MPAA/MPA with the strong support of your studios, continue to advocate to governments around the world about the pressing the need for strong pro-IP trade policies such as TPP and the proposed EU/US trade agreement (TTIP).”

i) This might refer to the ISDS article of TTIP, allowing companies to sue countries who are changing laws in ways that may limit these companies future profits. In this case, suing the EU if it would reform its legal framework on copyright.

ii) It might also be a signal that TTIP will be yet another attempt to limit the freedom of the Internet — and to force Internet Service Providers to police (and be responsible for) everything their customers are up to. (Like in the ACTA treaty, that was voted down by the European Parliament.)

Probably both.

Today, copyright and “intellectual property” are concepts that are used in ways they where never intended to. They have become arguments for limiting free flow of information and free speech. They have become arguments for mass surveillance and control. And they are suffocating the free market.

Copyright must be reformed and adopted to todays markets and todays technology. But apparently Big Entertainment is doing all in its power to stop such a reform.

Finally, I love free trade. But I’m not so sure that is what trade agreements like TTIP is about. It looks more like regulations and restrictions, in many areas. And you don’t need trade agreements to have free trade. All you have to do is to open up your borders.

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Agent provocateur

By on April 16, 2015 in Democracy, Police state, Rule of law, surveillance, US

The Intercept has a captivating piece on the new documentary film (T)ERROR.

Apparently, the FBI has some 15,000 informants — or domestic spies — in the US. Most of them are involved in counterterrorism stings. The purpose is to to find would-be terrorists before they attack. Which might be a good idea. In theory.

In practice, however, much of these activities seems only to create a police state — where it is more important to frame people rather than capturing any actual, real terrorists. It all bears resemblance to the old East German Ministry for State Security, the Stasi.

According to the film, FBI informants often provoke or even pay people to take part in suspect and illegal activities. Thus creating pseudo crimes, that would never have taken place otherwise.

In the main case of the film, due to pure incompetence, the FBI unknowingly alerts the person subject to such an entrapment about what is going on. Eager to clear his name, this man contacts lawyers and journalists — and happens to get in touch with the film crew.

Now, this story is being told from both sides…

“The documentary then becomes a house of mirrors, with each side of the FBI’s counterterrorism operation being reflected onto the other, revealing a mash-up of damaged people being exploited by overzealous government agents, with no sign at all of anything resembling terrorism or impending danger to the public.”

This is a disturbing, tragic side of surveillance and the war on terror that is hardly ever exposed.

The US government setting up operations aimed at provoking targets that poses no real threat to society is a waste of taxpayers money, draining resources from investigating real criminals and terrorists — and might actually radicalise the persons targeted, for real, by pissing them off.

Read the whole piece in The Intercept: The FBI Informant Who Mounted a Sting Operation Against the FBI »

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Government and encryption: The split key approach

By on April 14, 2015 in Big Brother, Cryptography, Privacy, US

Governments are trying different approaches to circumvent encryption. While the British can send you to jail if you don’t give up your password, the US administration (restricted by the fifth amendment) is floating an alternative concept: the split key.

The idea is to gain access to smart phones and computers trough a unique “master key” for each unit, that is split in two — where the tech company in question has one part and the government has the other. By a court order the tech company could be ordered to hand over their part of the key to the government.

Keeping track of every new or used smartphone, tablet, laptop an PC and who is using it — pairing it with half a unique key — for sure will create a lot of new jobs in the public sector. And it will become a mess.

One central issue is how not to compromise user security. The Washington Post writes…

But some technologists still see difficulties. The technique requires a complex set of separate boxes or systems to carry the keys, recombine them and destroy the new key once it has been used. “Get any part of that wrong,” said Johns Hopkins University cryptologist Matthew Green, “and all your guarantees go out the window.”

How can we even trust that tech companies will not collaborate with the government behind their customers back? It has happened before. Would you bet on it never happening again? Ever?

And, is it necessary?

Neither Bitkower nor FBI Director James B. Comey, who also has been vocal about the problem, has been able to cite a case in which locked data thwarted a prosecution. But they have offered examples of how the data are crucial to convicting a person.

Should we really treat all citizens as potential criminals or terrorists? Will not the uncertainty about security breaches and fuck ups overshadow possible “benefits”? Do people have any reason to trust government any more than the government trusts them?

Somehow, this is no longer a question of security, law enforcement or even intelligence activities. It has become a matter of principle. The government demands to have access to all citizens all telecommunications and computers.

This is a red line that should never be crossed. Because if we do, it will be irreversible.

WP: As encryption spreads, U.S. grapples with clash between privacy, security »

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