Week Seven Pro and College Football Trash Talk

The week got off to a good start as the Patriots outlasted the Jets Thursday night. Barely and, really, the Jets should have won, they played better. Then, yesterday, the Jets traded a conditional draft pick to Seattle for Percy Harvin. Seems like a horrid deal for the Squawks, but apparently Harvin was a locker room cancer. Man, that is a big loss for Seattle talent wise, so they must have really wanted him gone. If the Jets had had him a couple of days earlier, they might well have beaten the Pats. The Seahawks probably won’t miss Harvin too much against the woeful Rams on Sunday, but may later in the year.

The two best games of the weekend are Chiefs at Bolts and 49ers at Broncos. In the former, you have to like San Diego. They finally seem to be getting rid of the Norval Turner syndrome, and Philip Rivers is playing soundly again. The Chefs are capable of blowing out even a good team on any given weekend, but are more than capable of sucking too, especially on the road. The 49ers at Broncos looks like a tossup, but I will take Peyton and the Donks at Mile High against pretty much anybody, and do here. Denver’s receivers are just too good for the so so defensive backfield of San Francisco.

The big game out west is Stanford at ASU here in Tempe. Stanford has pounded the Devils in the last few years, including twice last year (regular season and in Pac-12 championship). ASU is flaky, but they are more than capable of pulling off the win. They now have two quarterbacks as Taylor Kelly is returning from injury, but Mike Bercovicci, who has played well, is expected to get the start. Devils may actually have the better ground game for once too. Still, the odds are Stanford walks out the winner. The Washington Huskies have a great record so far at 5-1, but don’t have nearly enough juice to beat the Oregon Quackers in Eugene. Texas A+M at Alabama has been a fantastic game the last couple of years, and should be again. Both teams have looked out of sorts lately.

The marquee game nationally is, of course, Notre Dame at the Florida State Rapists and Coddlers. Hard to find a team to root for in this matchup. Maybe they could battle to a 0-0 tie, yeah, that would work. The Domers may be undefeated and fifth ranked in the country, but they don’t seem to have the talent or game to compete with the likes of FSU. There is currently a 9.5 point spread on the game in favor of FSU, and that seems about right.

No baseball as the World Series doesn’t start until Tuesday, but how bout them Royals! Formula One is off until November 2nd, when the US Grand Prix in Austin goes off. This week’s music courtesy of Neil Young and Crazyhorse. So, with that, I bid you adieu and chat it up.

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Why Isn’t FBI Investigating the Hackers Who Broke into Google’s Cables?

At his Brookings event yesterday, Jim Comey claimed that there is a misperception, in the wake of the Snowden releases, about how much data the government obtains.

In the wake of the Snowden disclosures, the prevailing view is that the government is sweeping up all of our communications. That is not true. And unfortunately, the idea that the government has access to all communications at all times has extended—unfairly—to the investigations of law enforcement agencies that obtain individual warrants, approved by judges, to intercept the communications of suspected criminals.

[snip]

It frustrates me, because I want people to understand that law enforcement needs to be able to access communications and information to bring people to justice. We do so pursuant to the rule of law, with clear guidance and strict oversight. 

He goes onto pretend that Apple and Google are default encrypting their phone solely as a marketing gimmick, some arbitrary thing crazy users want.

Both companies are run by good people, responding to what they perceive is a market demand. But the place they are leading us is one we shouldn’t go to without careful thought and debate as a country.

[snip]

Encryption isn’t just a technical feature; it’s a marketing pitch. But it will have very serious consequences for law enforcement and national security agencies at all levels. Sophisticated criminals will come to count on these means of evading detection. It’s the equivalent of a closet that can’t be opened. A safe that can’t be cracked. And my question is, at what cost?

He ends with a plea that “our private sector partners … consider changing course.”

But we have to find a way to help these companies understand what we need, why we need it, and how they can help, while still protecting privacy rights and providing network security and innovation. We need our private sector partners to take a step back, to pause, and to consider changing course.

There’s something missing from Comey’s tale.

An explanation of why the FBI has not pursued the sophisticated criminals who stole Google’s data overseas.

At a recent event with Ron Wyden, the Senator asked Schmidt to weigh in on the phone encryption “kerfuffle.” And Schmidt was quite clear: the reason Google and Apple are doing this is because the NSA’s partners in the UK stole their data, even while they had access to it via PRISM.

The people who are criticizing this should have expected this. After Google was attacked by the British version of the NSA, we were annoyed and so we put end-to-end encryption at rest, as well as through our systems, making it essentially impossible for interlopers — of any kind — to get that information.

Schmidt describes the default encryption on the iPhone, notes that it has been available for the last 3 years on Android phones, and will soon be standard, just like it is on iPhone.

Law enforcement has many many ways of getting information that they need to provide this without having to do it without court orders and with the possible snooping conversation. The problem when they do it randomly as opposed to through a judicial process is it erodes user trust.

If everything Comey said were true, if this were only about law enforcement getting data with warrants, Apple – and Google especially – might not have offered their customers the privacy they deserved. But it turns out Comey’s fellow intelligence agency decided to just go take what they wanted.

And FBI did nothing to solve that terrific hack and theft of data.

I guess FBI isn’t as interested in rule of law as Comey says.

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I Con the Record’s International Privacy Guidelines Swallowed Up by Exceptions

Screen Shot 2014-10-17 at 11.23.58 AMSometimes I Con the Record outdoes itself.

On Tuesday, the Guardian noted a scathing report UN Counterterrorism special rapporteur Ben Emmerson issued last month attacking British and US collection of bulk communications.

“Merely to assert – without particularization – that mass surveillance technology can contribute to the suppression and prosecution of acts of terrorism does not provide an adequate human rights law justification for its use. The fact that something is technically feasible, and that it may sometimes yield useful intelligence, does not by itself mean that it is either reasonable or lawful.”

[snip]

“It is incompatible with existing concepts of privacy for states to collect all communications or metadata all the time indiscriminately. The very essence of the right to the privacy of communication is that infringements must be exceptional, and justified on a case-by-case basis.”

Today, I Con the Record released a “Status Report” on an initiative President Obama ordered in his PPD-28 back in January to extend privacy protections to foreigners.

As we work to meet the January 2015 deadline, PPD-28 called on the Director of National Intelligence to prepare an interim report on the status of our efforts and to evaluate, in coordination with the Department of Justice and the rest of the Intelligence Community, additional retention and dissemination safeguards.

The DNI’s interim report is now being made available to the public in line with our pledge to share as much information about sensitive intelligence activities as is possible, consistent with our national security.

One thing this interim report requires is that “elements shall publicly release their PPD-28 implementation policies and procedures to the maximum extent possible.” Which requirement, you might assume, this release fulfills.

Which is why it’s so curious I Con the Record chose not to release an unclassified report mandated and mandating transparency — dated July 2014 — until October 2014.

Lest I be called a cynic, let me acknowledge that there are key parts of this that may represent improvements (or may not). The report asserts:

  • Foreigners will be treated with procedures akin to — though not identical to — those imposed by Section 2.3 of EO 12333
  • Just because someone is a foreigner doesn’t mean their information is foreign intelligence; the IC should “permanently retain or disseminate such personal information only if the personal information relates to an authorized intelligence requirement, is reasonably believed to be evidence of a crime, or meets one of the other standards for retention or dissemination identified in section 2.3″ of EO 12333
  • The IC should consider adopting (though is not required to) retention periods used with US person data for foreign personal information (which is 5 years); the IC may get extensions, but only in 5-year chunks of time
  • When disseminating “unevaluated personal information,” the IC should make that clear so the recipient can protect it as such

Those are good things! Yeah us!

There are, however, a series of exceptions to these rules.

First, the guidelines in this report restate PPD-28′s unbelievably broad approval of the use of bulk data, in full. The report does include this language:

[T]he procedures must also reflect the limitations on the use of SIGINT collected in bulk. Moreover, Intelligence Community element procedures should include safeguards to satisfy the requirements of this section. In developing procedures to comply with this requirement, the Intelligence Community must be mindful that to make full use of intelligence information, an Intelligence Community element may need to use SIGINT collected in bulk together with other lawfully collected information. In such situations, Intelligence Community elements should take care to comply with the limitations applicable to the use of bulk SIGINT collection.

Unless I’m missing something, the only “limits” in this section are those limiting the use of bulk collection to almost all of NSA’s targets, including counterterrorism, cybersecurity, and crime, among other things. Thus, the passage not only reaffirms what amounts to a broad permission to use bulk, but then attaches those weaker handing rules to anything used in conjunction with bulk.

Then there are the other exceptions. The privacy rules in this document don’t apply to:

  • Evaluated intelligence (exempting foreigners’ data from the most important treatment US person data gets, minimization in finished intelligence reports; see footnote 3)
  • Personal information collected via other means than SIGINT (excluding most of what the CIA and FBI do, for example; see page 1)
  • Information collected via SIGINT not collecting communications or information about communications (seemingly excluding things like financial dragnets and pictures and potentially even geolocation, among a great many other things; see footnote 2)

And, if these procedures aren’t loosey goosey enough for you, the report includes this language:

It is important that elements have the ability to deviate from their procedures when national security requires doing so, but only with approval at a senior level within the Intelligence Community element and notice to the DNI and the Attorney General.

OK then.

Congratulations world! We’re going to treat you like Americans. Except in the majority of situations when we’ve decided not to grant you that treatment. Rest easy, though, knowing you’re data is sitting in a database for only 5 years, if we feel like following that rule.

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The Forgotten OPR Report Exposing the White House Role in Torture

Brennan with TortureMcClatchy reports today that the Senate Intelligence Report will include no details on the White House role in torture.

The Senate Intelligence Committee report also didn’t examine the responsibility of top Bush administration lawyers in crafting the legal framework that permitted the CIA to use simulated drowning called waterboarding and other interrogation methods widely described as torture, McClatchy has learned.

“It does not look at the Bush administration’s lawyers to see if they were trying to literally do an end run around justice and the law,” the person said.

McClatchy’s story is interesting, in part, because I had heard that the report was going to admit what has been in the public domain for years: the torture program, contrary to almost all reporting, was authorized by Presidential finding, not primarily by the memos that garner all the attention.

If the Torture Report is no longer going to confirm that, it is far bigger news than McClatchy has conveyed. It would mean someone — presumably the White House! (though remember the Finding’s author, Cofer Black, was involved in reviewing the document) — had won concessions in the declassification discussions to hide the role of President Bush in personally authorizing torture.

That would be consistent with President Obama’s rather remarkable efforts to keep a short mention of the September 17, 2001 Gloves Come Off Memorandum of Notification suppressed in ACLU’s torture FOIA (something that’s in the public record, but which I have been the only one to report).

But if President Obama’s White House has, a second time, intervened to prevent public confirmation that the President authorized torture, we really ought to start demanding to know why that’s the case. Remember when the 2nd Circuit backed White House efforts to keep mention of the MON suppressed, the White House said it was still using the MON.

The other reason I find McClatchy’s report curious is because it leaves something utterly central out of its narrative.

As Katherine Hawkins noted yesterday, McClatchy missed a key detail in the chronology of when and how Republicans backed out of the torture review.

Obama DOJ investigation into torture is not “prior” to SSCI report. Launched after SSCI, & is reason GOP withdraws

But there’s one more part of that chronology — one McClatchy might actually review if it wants the things it says it wants: the Office of Public Responsibility report into OLC lawyers’ role in the torture memos. Reporting in 2009 made it clear that Eric Holder launched the John Durham investigation in response to reading the OPR Report. So the chronology goes OPR Report, Durham investigation, GOP withdraws from SSCI Torture Report which (McClatchy argues) is when the Democrats could have turned and pushed to get documents implicating Bush White House figures.

While both David Addington and Tim Flanigan refused to be interviewed for the OPR report, it made it clear (especially Jay Bybee and John Yoo’s rebuttals) that both had had a direct role in setting up the legal loopholes CIA used to conduct torture. Between that and other public (largely unreported by anyone but me) documents, it is fairly clear that in response to concerns raised around July 10, 2002, CIA tried to get DOJ to give “advance” declination of prosecution (though for conduct that surely had already occurred). On July 13, Michael Chertoff refused, probably because Ali Soufan had already raised concerns about the conduct (his concerns probably relate to the use of mock burial) to give advance declination for torture. This led John Yoo to freelance a July 13, 2002 fax laying out how CIA could avoid accountability; that appears to be what Jonathan Fredman relied on in his advice to the torturers, not the more famous Bybee Memos. Nevertheless, at a July 16, 2002 meeting at the White House, it was decided (Yoo and Addington differ, it appears, on who did the deciding, but it is a rock solid bet that Addington did) that the Bybee Memo would include Commander of Chief language on how to avoid prosecution.

There are a number of other moments in the history of the program where White House responsibility is clear. But at that moment on July 16, 2002, David Addington got John Yoo to provide legal cover for anything the President ordered CIA do; he did so, of course, after CIA had been torturing for months on Presidential orders.

The answers to many of the questions McClatchy says have gone unanswered are sitting right there in the OPR report. And those answers are crucial to understanding the dance over declassification going on right now.

Aside from whatever else the Torture Report is, it is also a report that dodges the underlying power structure, in which the President orders the CIA to break the law and later ensures CIA avoids any accountability for doing so. At some point in this Torture Report process — fairly recently too! — Democrats seemed interested in exposing that dynamic, a dynamic President Obama has benefitted from at least as much as Bush did, going so far as to permit him to have CIA kill a US citizen with no due process. (That’s probably why Leon Panetta told some fibs in his memoir on this point.)

Ultimately, we’re never going to rein in CIA until we expose the mutual embrace of complicity the White House and CIA repeatedly rely on. Now it looks like the Senate Intelligence Committee has — in bipartisan fashion — decided to back off doing so here.

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Jim Comey’s Confused Defense of Front Door Back Doors and Storage Intercepts

I said somewhere that those wailing about Apple’s new default crypto in its handsets are either lying or are confused about the difference between a phone service and a storage device.

For the moment, I’m going to put FBI Director Jim Comey in the latter category. I’m going to do so, first, because at his Brookings talk he corrected his false statement — which I had pointed out — on 60 Minutes (what he calls insufficiently lawyered) that the FBI cannot get content without an order. Though while Comey admitted that FBI can read content it has collected incidentally, he made another misleading statement. He said FBI does so during “investigations. They also do so during “assessments,” which don’t require anywhere near the same standard of evidence or oversight to do.

I’m also going to assume Comey is having service/device confusion because that kind of confusion permeated his presentation more generally.

There was the confusion exhibited when he tried to suggest a “back door” into a device wasn’t one if FBI simply called it a “front door.”

We aren’t seeking a back-door approach. We want to use the front door, with clarity and transparency, and with clear guidance provided by law. We are completely comfortable with court orders and legal process—front doors that provide the evidence and information we need to investigate crime and prevent terrorist attacks.

And more specifically, when Comey called for rewriting CALEA, he called for something that would affect only a tiny bit of what Apple had made unavailable by encrypting its phones.

Current law governing the interception of communications requires telecommunication carriers and broadband providers to build interception capabilities into their networks for court-ordered surveillance. But that law, the Communications Assistance for Law Enforcement Act, or CALEA, was enacted 20 years ago—a lifetime in the Internet age. And it doesn’t cover new means of communication. Thousands of companies provide some form of communication service, and most are not required by statute to provide lawful intercept capabilities to law enforcement. [my emphasis]

As I have noted, the main thing that will become unavailable under Apple’s new operating system is iMessage chats if the users are not using default iCloud back-ups (which would otherwise keep a copy of the chat).

But the rest of it — all the data that will be stored only on an iPhone if people opt out of Apple’s default iCloud backups — will be unaffected if what Comey is planning to do is require intercept ability for every message sent.

Now consider the 5 examples Comey uses to claim FBI needs this. I’ll return to these later, but in almost all cases, Comey seems to be overselling his case.

First, there’s the case of two phones with content on them.

In Louisiana, a known sex offender posed as a teenage girl to entice a 12-year-old boy to sneak out of his house to meet the supposed young girl. This predator, posing as a taxi driver, murdered the young boy, and tried to alter and delete evidence on both his and the victim’s cell phones to cover up his crime. Both phones were instrumental in showing that the suspect enticed this child into his taxi. He was sentenced to death in April of this year.

On first glance this sounds like a case where the phones were needed. But assuming this is the case in question, it appears wrong. The culprit, Brian Horn, was IDed by multiple witnesses as being in the neighborhood, and evidence led to his cab. There was DNA evidence. And Horn and his victim had exchange texts. Presumably, records of those texts, and quite possibly the actual content, were available at the provider.

Then there’s another texting case.

In Los Angeles, police investigated the death of a 2-year-old girl from blunt force trauma to her head. There were no witnesses. Text messages from the parents’ cell phones to one another, and to their family members, proved the mother caused this young girl’s death, and that the father knew what was happening and failed to stop it.

Text messages also proved that the defendants failed to seek medical attention for hours while their daughter convulsed in her crib. They even went so far as to paint her tiny body with blue paint—to cover her bruises—before calling 911. Confronted with this evidence, both parents pled guilty.

This seems to be another case where the texts were probably available in other places, especially given how many people received them.

Then there’s another texting story — this is the only one where Comey mentioned warrants, and therefore the only real parallel to what he’s pitching.

In Kansas City, the DEA investigated a drug trafficking organization tied to heroin distribution, homicides, and robberies. The DEA obtained search warrants for several phones used by the group. Text messages found on the phones outlined the group’s distribution chain and tied the group to a supply of lethal heroin that had caused 12 overdoses—and five deaths—including several high school students.

Again, these texts were likely available with the providers.

Then Comey lists a case where the culprits were first found with a traffic camera.

In Sacramento, a young couple and their four dogs were walking down the street at night when a car ran a red light and struck them—killing their four dogs, severing the young man’s leg, and leaving the young woman in critical condition. The driver left the scene, and the young man died days later.

Using “red light cameras” near the scene of the accident, the California Highway Patrol identified and arrested a suspect and seized his smartphone. GPS data on his phone placed the suspect at the scene of the accident, and revealed that he had fled California shortly thereafter. He was convicted of second-degree murder and is serving a sentence of 25 years to life.

It uses GPS data, which would surely have been available from the provider. So traffic camera, GPS. Seriously, FBI, do you think this makes your case?

Perhaps Comey’s only convincing example involves exoneration involving a video — though that too would have been available elsewhere on Apple’s default settings.

The evidence we find also helps exonerate innocent people. In Kansas, data from a cell phone was used to prove the innocence of several teens accused of rape. Without access to this phone, or the ability to recover a deleted video, several innocent young men could have been wrongly convicted.

Again, given Apple’s default settings, this video would be available on iCloud. But if it was only available on the phone, and it was the only thing that exonerated the men, then it would count.

Update: I’m not sure, but this sounds like the Daisy Coleman case, which was outside Kansas City, MO, but did involve a phone video that (at least as far as I know) was never recovered. I don’t think the video ever was found. The guy she accused of raping her plead guilty to misdemeanor child endangerment — he dumped her unconscious in freezing weather outside her house.

I will keep checking into these, but none of these are definite cases. All of this evidence would normally, given default settings, be available from providers. Much of it would be available on phones of people besides the culprit. In the one easily identifiable case, there was a ton of other evidence. In two of these cases, the evidence was important in getting a guilty plea, not in solving the crime.

But underlying it all is the key point: Phones are storage devices, but they are primarily communication devices, and even as storage devices the default is that they’re just a localized copy of data also stored elsewhere. That means it is very rare that evidence is only available on a phone. Which means it is rare that such evidence will only be available in storage and not via intercept or remote storage.

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60 Minutes Comey Refutes 60 Minutes Comey

Jim ComeyToday, Jim Comey will give what will surely be an aggressively moderated (by Ben Wittes!) talk at Brookings, arguing that Apple should not offer its customers basic privacy tools (congratulations to NYT’s Michael Schmidt for beating the rush of publishing credulous reports on this speech).

Mr. Comey will say that encryption technologies used on these devices, like the new iPhone, have become so sophisticated that crimes will go unsolved because law enforcement officers will not be able to get information from them, according to a senior F.B.I. official who provided a preview of the speech.

Never mind the numbers, which I laid out here. While Apple doesn’t break out its device requests last year, it says the vast majority of the 3,431 device requests it responded to last year were in response to a lost or stolen phone request, not law enforcement seeking data on the holder. Given that iPhones represent the better part of the estimated 3.1 million phones that will be stolen this year, that’s a modest claim. Moreover, given that Apple only provided content off the cloud to law enforcement 155 times last year, it’s unlikely we’re talking a common law enforcement practice.

At least not with warrants. Warrantless fishing expeditions are another issue.

As far back as 2010, CBP was conducting 4,600 device searches at the border. Given that 20% of the country will be carrying iPhones this year, and a much higher number of the Americans who cross international borders will be carrying one, a reasonable guess would be that CBP searches 1,000 iPhones a year (and it could be several times that). Cops used to be able to do the same at traffic stops until this year’s Riley v, California decision; I’ve not seen numbers on how many searches they did, but given that most of those were (like the border searches) fishing expeditions, it’s not clear how many will be able to continue, because law enforcement won’t have probable cause to get a warrant.

So the claims law enforcement is making about needing to get content stored on and only on iPhones with a warrant doesn’t hold up, except for very narrow exceptions (cops may lose access to iMessage conversations if all users in question know not to store those conversations on iCloud, which is otherwise the default).

But that’s not the best argument I’ve seen for why Comey should back off this campaign.

As a number of people (including the credulous Schmidt) point out, Comey repeated his attack on Apple on the 60 Minutes show Sunday.

James Comey: The notion that we would market devices that would allow someone to place themselves beyond the law, troubles me a lot. As a country, I don’t know why we would want to put people beyond the law. That is, sell cars with trunks that couldn’t ever be opened by law enforcement with a court order, or sell an apartment that could never be entered even by law enforcement. Would you want to live in that neighborhood? This is a similar concern. The notion that people have devices, again, that with court orders, based on a showing of probable cause in a case involving kidnapping or child exploitation or terrorism, we could never open that phone? My sense is that we’ve gone too far when we’ve gone there

What no one I’ve seen points out is there was an equally charismatic FBI Director named Jim Comey on 60 Minutes a week ago Sunday (these are actually the same interview, or at least use the same clip to marvel that Comey is 6’8″, which raises interesting questions about why both these clips weren’t on the same show).

That Jim Comey made a really compelling argument about how most people don’t understand how vulnerable they are now that they live their lives online.

James Comey: I don’t think so. I think there’s something about sitting in front of your own computer working on your own banking, your own health care, your own social life that makes it hard to understand the danger. I mean, the Internet is the most dangerous parking lot imaginable. But if you were crossing a mall parking lot late at night, your entire sense of danger would be heightened. You would stand straight. You’d walk quickly. You’d know where you were going. You would look for light. Folks are wandering around that proverbial parking lot of the Internet all day long, without giving it a thought to whose attachments they’re opening, what sites they’re visiting. And that makes it easy for the bad guys.

Scott Pelley: So tell folks at home what they need to know.

James Comey: When someone sends you an email, they are knocking on your door. And when you open the attachment, without looking through the peephole to see who it is, you just opened the door and let a stranger into your life, where everything you care about is.

That Jim Comey — the guy worried about victims of computer crime — laid out the horrible things that can happen when criminals access all the data you’ve got on devices.

Scott Pelley: And what might that attachment do?

James Comey: Well, take over the computer, lock the computer, and then demand a ransom payment before it would unlock. Steal images from your system of your children or your, you know, or steal your banking information, take your entire life.

Now, victim-concerned Jim Comey seems to think we can avoid such vulnerability by educating people not to click on any attachment they might have. But of course, for the millions who have their cell phones stolen, they don’t even need to click on an attachment. The crooks will have all their victims’ data available in their hand.

Unless, of course, users have made that data inaccessible. One easy way to do that is by making easy encryption the default.

Victim-concerned Jim Comey might offer 60 Minute viewers two pieces of advice: be careful of what you click on, and encrypt those devices that you carry with you — at risk of being lost or stolen — all the time.

Of course, that would set off a pretty intense fight with fear-monger Comey, the guy showing up to Brookings today to argue Apple’s customers shouldn’t have this common sense protection.

That would be a debate I’d enjoy Ben Wittes trying to debate.

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Iran Threatens to Chase Terrorists in Pakistan (Just Like US!)

As I noted in discussing the first reports of the explosion at Parchin, early September saw a larger than usual incident along the Iran-Pakistan border, with a force of over 70 militants and a truck packed with over 1000 pounds of explosives attacking an Iranian border station. Thomas Erdbrink then noted last week that two separate incidents along the border resulted in the deaths of “a senior officer” and “three police officers” in two separate incidents in the same region.

Iran is quite upset by these events and no less than the second in command of the IRGC is speaking out today, warning Pakistan that if they can’t control the terrorists in the border region, then Iran will have no alternative but to chase them, even in Pakistani territory:

Iran will step in to contain terrorists if Pakistan refuses to take measures in order to secure its borders to keep terrorists from slipping into the Islamic Republic, a senior Iranian military commander says.

“We believe that every country should respect its commitments vis-à-vis its own internal security as well as that of neighboring countries. Border security is a common and pressing need for neighboring countries. We are, in principle, against intervening in the affairs of any country, but if they fail to abide by their obligations we will have [no choice but] to act,” the second-in-command of the Islamic Revolution Guards Corps (IRGC), Brigadier General Hossein Salami, said on Thursday.

“Terrorists, wherever they may be, even on the soil of neighboring countries, we will find them, and if they do not give up acts of terrorism, we will deal with them without reservation,” the senior commander added.

Gosh, maybe the US should go to the UN or the ICC to complain about such a blatant violation of Pakistani sovereignty if such an attack takes place. Just as soon as the US stops violating Pakistani sovereignty with drones, that is.

The article goes on to quote Salami that Iran has very good intelligence on the terrorist groups in the border region and then notes that “Iranian security forces have apprehended a number of perpetrators behind the recent killings” regarding the incidents described in the Erdbrink report.

Gosh, with intelligence that good on the border zone terrorists, maybe Iran will start using drones in Pakistan, too. I can only imagine the chaos that would sow among the chattering classes inside the Beltway.

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Richard Burr Prepares to Capitalize on Refusing to Exercise Intelligence Oversight

In James Risen’s new book, he provides new details on what happened to the NSA whistleblowers — Bill Binney, Kurt Wiebe, Ed Loomis, Thomas Drake — who tried to stop President Bush’s illegal wiretap program, adding to what Jane Mayer wrote in 2011. He pays particular attention to the effort Diane Roark made, as a staffer overseeing NSA on the House Intelligence Committee, to alert people that the Agency was conducting illegal spying on Americans.

As part of that, Risen describes an effort Roark made to inform another Congressman of the program, one who had not been briefed: Richard Burr.

Despite the warning from (HPSCI’s Republican Staff Director Tim) Sample not to talk with anyone else on the committee about the program, she privately warned Chris Barton, the committee’s new general counsel, that “there was an NSA program of questionable legality and that it was going to blow up in their faces.” In early 2002, Roark also quietly arranged a meeting between Binney, Loomis, and Wiebe and Richard Burr, a North  Carolina Republican on the House Intelligence Committee. Binney told Burr everything they had learned about the NSA wiretapping program, but Burr hardly said a word in response. Burr never followed up on the matter with Roark, and there is no evidence he ever took any action to investigate the NSA program.

I’m not actually surprised that Burr learned the Intelligence Community was engaging in illegal behavior and did nothing. From what we’ve seen in his response to torture, he has served entirely to help CIA cover up the program and protect the torturers. Indeed, in his treatment of John Brennan’s confirmation, he made efforts to ensure Brennan would have to protect the torturers too.

So it’s no surprise that Burr heard details of an illegal program and ignored them.

Still, it’s worth highlighting this detail because, if Democrats do lose the Senate as they are likely to do in November, Richard Burr will most likely become Senate Intelligence Committee Chair. While Dianne Feinstein may be a badly flawed Chair overseeing the IC, Burr will be a nightmare, unloosing them to do whatever they’re ordered.

That’s the kind of career advancement that comes to a guy who remains silent about wrongdoing.

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Texas Hospital Violated Basic Precaution in WHO Ebola Patient Treatment Guidelines

The incompetence of Texas Health Presbyterian Hospital Dallas is staggering. In following today’s rapidly developing story of a second nurse at the hospital now testing positive for Ebola, this passage in the New York Times stands out, where the content of a statement released by National Nurses United is being discussed (emphasis added):

The statement asserted that when Mr. Duncan arrived by ambulance with Ebola symptoms at the hospital’s emergency room on Sept. 28, he “was left for several hours, not in isolation, in an area where other patients were present.” At some point, it said, a nurse supervisor demanded that Mr. Duncan be moved to an isolation unit “but faced resistance from other hospital authorities.”

The nurses who first interacted with Mr. Duncan wore ordinary gowns, three pairs of gloves with no taping around the wrists, and surgical masks with the option of a shield, the statement said.

“The gowns they were given still exposed their necks, the part closest to their face and mouth,” the nurses said. “They also left exposed the majority of their heads and their scrubs from the knees down. Initially they were not even given surgical bootees nor were they advised the number of pairs of gloves to wear.”

The statement said hospital officials allowed nurses who interacted with Mr. Duncan at a time when he was vomiting and had diarrhea to continue their normal duties, “taking care of other patients even though they had not had the proper personal protective equipment while providing care for Mr. Duncan that was later recommended by the C.D.C.”

From the context of both the New York Times article and the nurses’ statement, it seems most likely that this movement of nurses from treating Duncan to treating other patients took place during the period after Duncan was admitted to the hospital and before the positive test result for Ebola was known. However, from the nurses’ statement showing that at least some of the personnel on duty realized Duncan almost certainly had Ebola, proper isolation technique should have been initiated immediately.

And that movement of nurses from a patient who should have been in isolation back into the general patient population is a huge, and obvious, error. Consider this publication (pdf) put out in August by the World Health Organization, summarizing precautions to be taken in care of Ebola patients. The very first page of actual content, even before the section labeled “Introduction”, is a page with the heading “Key messages for infection prevention and control to be applied in health-care settings”. The page lists nine bullet points about dealing with ” hemorrhagic fever (HF) cases” (hemorrhagic fever diseases include Ebola). Here is the third entry on that list:

Exclusively assign clinical and non-clinical personnel to HF patient care areas.

There really is no point in saying a patient is isolated if staff are freely moving back and forth between the isolation area and the general patient population. I’m wondering how long it will be until there is a whole new management team at Texas Health Resources, the parent firm for the hospital.

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The Timing of CIA’s Discovery Its Paramilitary Ops Fail

Mark Mazzetti reports that in 2012 and 2013, CIA did a study that one of its favorite means of covert intervention — arming rebels — pretty much doesn’t work.

An internal C.I.A. study has found that it rarely works.

The still-classified review, one of several C.I.A. studies commissioned in 2012 and 2013 in the midst of the Obama administration’s protracted debate about whether to wade into the Syrian civil war, concluded that many past attempts by the agency to arm foreign forces covertly had a minimal impact on the long-term outcome of a conflict. They were even less effective, the report found, when the militias fought without any direct American support on the ground.

The findings of the study, described in recent weeks by current and former American government officials, were presented in the White House Situation Room and led to deep skepticism among some senior Obama administration officials about the wisdom of arming and training members of a fractured Syrian opposition.

But in April 2013, President Obama authorized the C.I.A. to begin a program to arm the rebels at a base in Jordan, and more recently the administration decided to expand the training mission with a larger parallel Pentagon program in Saudi Arabia to train “vetted” rebels to battle fighters of the Islamic State, with the aim of training approximately 5,000 rebel troops per year.

The only “success” CIA could find was the mujahadeen ousting the Russians in Afghanistan.

Goodie.

I’m particularly interested in the timing of all this.

Mazzetti says there were multiple studies done in 2012 — at which point David Petraeus was CIA Director, and was pushing to arm rebels in Syria — and 2013 — by which point John Brennan had replaced Petraeus.

So the timing looks something like this:

2012: CIA starts doing studies on how crappy their covert ops have been

2012: Hillary and Petraus both push Obama to arm Syrians

2012: Benghazi attack targets CIA officers ostensibly working to reclaim weapons used to oust Qaddafi but reportedly to send them on to Syria

2012: Petraeus ousted for reasons that probably aren’t primarily that he fucked his biographer

2013: John Brennan nominated to serve as CIA Director. As part of his confirmation process, the follow exchange takes place (Bark Mikulski asked a similar question in the hearing itself).

Question 7: What role do you see for the CIA in paramilitary-style intelligence activities or covert action?

The CIA, a successor to the Office of Strategic Services, has a long history of carrying out paramilitary-style intelligence activities and must continue to be able to provide the President with this option should he want to employ it to accomplish critical national security objectives.

[snip]

Question 8: What are you views on what some have described as the increased “militarization” of the CIA mission following the September 11, 2001 attacks?

In my view, the CIA is the nation’s premier “intelligence” agency, and needs to remain so. While CIA needs to maintain a paramilitary capability to be able to carry out covert action as directed by the President, the CIA should not be used, in my view, to carry out traditional military activities.

April 2013: Obama signs finding authorizing an op CIA knew wouldn’t work

June 2013: Covert op begins, per Chuck Hagel confirmation of it in August

As Mazzetti explains, the amazing discovery that CIA’s covert ops are often useless was one reason Obama delayed so long before he authorized one anyway (and his close confidante Brennan implemented it).

But I think two other things are likely (in addition to Assad’s alleged use of chemical weapons in both April and August 2013). One, it wasn’t so much Obama was opposed to such an op; he was just opposed to the way Petraeus (who oversaw the latter part of the Libya op) and Hillary implemented it. (Note, Mazzetti specifically notes both Hillary and Leon Panetta’s claims they warned Obama to respond earlier in Syria, so Mazzetti’s piece may be a response to that.) And just as likely, the Saudi-tied rising strength in ISIL forced our hand, requiring us to be able to offer a legitimate competitor to their paid terrorists.

Particularly given the mujadadeen “success” apparently cited in the CIA study, I find that rather ominous.

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Emptywheel Twitterverse

bmaz RT @JoshMankiewicz: My father Frank Mankiewicz has passed away after a wonderful life. He was the best dad I could ever have wished for. ht…
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bmaz @BernardKingIII Only thing it ever got me was in contempt. Which was thankfully dropped by judge when guilty verdict returned.
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bmaz @KanysLupin @MonaHol @normative @trevortimm @onekade @FareedZakaria Yeah, starry eyed people like to talk nullification, but doesn't happen
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bmaz @BernardKingIII I mean, seriously, only law professors would come up with that theoretical drivel. And Zakaria still screwed it up.
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bmaz @MonaHol @KanysLupin @normative @trevortimm @onekade @FareedZakaria If so, you should be prosecuted for perjury.
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bmaz @McBlondeLand @nycsouthpaw Was also a real thing in southern Arizona back in late 80's - 90's Biosphere: http://t.co/YrTSfTqpVI
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bmaz @MonaHol @normative @trevortimm @onekade @FareedZakaria Rule 24 leaves discretion on void dire method to court. Some do it some let attys
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bmaz @GrantWoods Seconded. Body broke down before his heart did.
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bmaz @normative @MonaHol @trevortimm @onekade @FareedZakaria But they don't. Juries are told MUST follow the law, and they try very hard to do so
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bmaz @trevortimm @mattapuzzo @FareedZakaria Rules of evidence have evolved quite a bit since then, but not in ways likely to get much motive in.
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bmaz @trevortimm @onekade @FareedZakaria In fairness, his experts don't seem to fully grasp the realities of such a trial really either.
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