The Cass Sunstein Campaign against Open Source Leaks

Cass Sunstein doesn’t really have all that much to do with the content of this post. I named it after him as an excuse to recommend that you read Glenn Greenwald’s take-down of Sunstein as a potential SCOTUS appointee, and particularly to remind you of Sunstein’s paper advocating extensive propaganda to knock down the theories of those Sunstein deems to have committed “cognitive blunders.” There is no evidence Sunstein’s theories of governmental information control have to do with the apparent increasing persecution of open source leak outlets, but it does seem to stem from the same kind of authoritarian instinct.

WikiLeaks alleges intelligence surveillance of its actions

As a number of you have emailed, Wikileaks has posted a press release and a number of tweets alleging that it was being surveilled and harassed in Iceland.

I, and others were in Iceland to advise Icelandic parliamentarians on the Icelandic Modern Media Initiative, a new package of laws designed to protect investigative journalists and internet services from spying and censorship. As such, the spying has an extra poignancy.

The possible triggers:

  • our ongoing work on a classified film revealing civilian casualties occurring under the command of the U.S, general, David Petraeus.
  • our release of a classified 32 page US intelligence report on how to fatally marginalize WikiLeaks (expose our sources, destroy our reputation for integrity, hack us).
  • our release of a classified cable from the U.S. Embassy in Reykjavik reporting on contact between the U.S. and the U.K. over billions of euros in claimed loan guarantees.
  • pending releases related to the collapse of the Icelandic banks and Icelandic “oligarchs”.

We have discovered half a dozen attempts at covert surveillance in Reykjavik both by native English speakers and Icelanders. On the occasions where these individuals were approached, they ran away. One had marked police equipment and the license plates for another suspicious vehicle track back to the Icelandic private VIP bodyguard firm Terr. What does that mean? We don’t know. But as you will see, other events are clear.

U.S. sources told Icelandic state media’s deputy head of news, that the State Department was aggressively investigating a leak from the U.S. Embassy in Reykjavik. I was seen at a private U.S Embassy party at the Ambassador’s residence, late last year and it is known I had contact with Embassy staff, after.

On Thursday March 18, 2010, I took the 2.15 PM flight out of Reykjavik to Copenhagen–on the way to speak at the SKUP investigative journalism conference in Norway. After receiving a tip, we obtained airline records for the flight concerned. Two individuals, recorded as brandishing diplomatic credentials checked in for my flight at 12:03 and 12:06 under the name of “US State Department”. The two are not recorded as having any luggage.

Iceland doesn’t have a separate security service. It folds its intelligence function into its police forces, leading to an uneasy overlap of policing and intelligence functions and values.

On Monday 22, March, at approximately 8.30pm, a WikiLeaks volunteer, a minor, was detained by Icelandic police on a wholly insignificant matter. Police then took the opportunity to hold the youth over night, without charge–a highly unusual act in Iceland. The next day, during the course of interrogation, the volunteer was shown covert photos of me outside the Reykjavik restaurant “Icelandic Fish & Chips”, where a WikiLeaks production meeting took place on Wednesday March 17–the day before individuals operating under the name of the U.S. State Department boarded my flight to Copenhagen.

Our production meeting used a discreet, closed, backroom, because we were working on the analysis of a classified U.S. military video showing civilian kills by U.S. pilots. During the interrogation, a specific reference was made by police to the video—which could not have been understood from that day’s exterior surveillance alone. Another specific reference was made to “important”, but unnamed Icelandic figures. References were also made to the names of two senior journalists at the production meeting.

As they note in the press release above, this comes shortly after Wikileaks posted an Army Counterintelligence paper on Wikileaks itself, written in 2008, and advocating the kind of misinformation that Sunstein himself proposed.

PayPal freezes Cryptome’s account, perhaps in retaliation

Then there’s something that happened a few more weeks ago, when PayPal froze Cryptome’s PayPal account. (Zero Hedge connected these two events here.)

6 March 2010

PayPal has confiscated donations made to Cryptome since February 24, 2010. The donations have have been refunded by Cryptome rather than leave them in the untrustworthy control of PayPal for purposes contrary to those of the donors. The total refund was about $5,300, not much but a peak in donations.

The timing of the confiscation corresponds to the recent Microsoft-Network Solutions copyright imbroglio and public attention given to the lawful spying guide series including those of PayPal. PayPal’s legal agreements describe a wide range of prohibitions — among them DMCA infringement, counter-terrorism, violations of AUP and catch-alls — for use of its services and urges reporting of violations. It “limits” (suspend and/or close) an account without fully explaining the reasons, some of which may be secret under spying law, others kept confidential to avoid law suits or bad publicity.

Google lists thousands of instances of this asymmetrical high-handedness which is remarkably similar to that used by Microsoft and Network Solutions to shutdown Cryptome ten days ago. And it fits the business model of governments for financial-spying by use of informants and bank secrecy agreements.

It is likely Cryptome was targeted by an informant or by the recent donation upsurge tripping a PayPal algorithm as yet another gov-com-business model risk. An anecdote in accord with this minimizing of risk, maximizing of profit: an Internal Revenue Service auditor described its business model to Cryptome that “unpaid public service was not desirable, IRS wanted taxpayers to make more money in order to pay more taxes.”

To support Cryptome use means other than PayPal.

Mail: John Young, Cryptome, 251 West 89th Street, New York, NY 10024
Checks/Money Orders: Make out to “John Young”

Though this appears to be retaliation from corporate intelligence partners of the federal government–perhaps PayPal itself–rather than the federal government directly, it seems likely it is a response to the exposure of intelligence methods.

Exposing sources and methods

And I have to admit I’m somewhat ambivalent about some of this. Both Cryptome and WikiLeaks post stuff that probably exposes our military positions. Unlike–say–Secrecy News, it’s not clear that these sites choose not to publish information that could be very dangerous in public form.

But what I’m particularly intrigued by is the response of these two outlets. Both WikiLeaks and Cryptome have responded to harassment and surveillance by … publishing more. Specifically, publishing more about the sources and methods used against them.

In particular, WikiLeaks–assuming their chronology of surveillance of itself is accurate–not only telegraphs to former and potential leakers the degree of surveillance they’re under, also portrays easily exposed tradecraft. Spooks, domestic and international, who are easily tracked, even by a website like Wikileaks.

As I said, I’m ambivalent about some of the stuff that gets published by Wikileaks and Cryptome. But at the same time, I’m alert to the sense that there is increasing persecution of these outlets, even under Obama. And I’m amused that the response–exposing the kind of surveillance we all may be subject to–may be just as useful as the documents the outlets publish.

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29 replies
  1. BoxTurtle says:

    I admit to being torn as well…but since it seems anymore that the secrets the government is keeping are more to protect politicians from personal embarassment or legal liability I guess I’m okay with it.

    I suppose an out of control press is better than an under control press. Who would you rather have, Wiki or WaPoo?

    Boxturtle (Perhaps I’m bitter because I never get invited to WaPo mixers)

  2. behindthefall says:

    Tricky days when a person has to decide whether something as presumably innocuous as PayPal is a ‘good guy’ or a ‘bad guy’.

    • emptywheel says:

      Well, given that PayPal is now the government’s partner in spying, I’m not sure they can be considered innocuous anymore. Cryptome has been publishing all the spying policies of corporate entities over the last several months. Maybe it’s time to take a break from torture to analyze what those policies, together, show.

      • BoxTurtle says:

        Paypal is too easy of a target. Just google PAYPAL SUCKS and follow the links. Your work has been done for you, we just need a timeline.

        I know I have no privacy. So I don’t currently worry about that. Any large company or the government can find out everything about me should they wish it.

        But I want my privacy back.

        Boxturtle (And things are still flying out of that Pandora’s box)

        • emptywheel says:

          Privacy is one thing. Operating as a business is another. If corporations can arbitrarily freeze the assets of people who critique them or expose their collaboration with the govt, then it means those people have to operate w/o access to modern finance.

          • BoxTurtle says:

            Or you make sure to spread your money around so they’ll have difficulty freezing it all at once.
            Always read the fine print on your credit card. Gives the comapny full authority to freeze that account. Ditto your bank account.
            When these abuses are lead or guided by government, there’s really no recourse anymore. Our court system is simply not capable of stopping the worst of the government abuses.

            Canada is generally pretty stuffy about giving other governments access to Canadian Bank accounts, requiring a Canadian warrant just for a look. Non-governmental entities can’t get access at all, except as specified by the account holder. I’ve often considered getting a Canada credit card as a backup.

            Boxturtle (And if you think Canada is stuffy about it, Quebec is positively stubborn)

          • BoxTurtle says:

            Did you know that I could freeze your paypal account for weeks? It’s true! All I have to do is file a dispute against it and they’ll freeze it until they sort it out.

            Always keep a separate account and credit card just for paypal.

            Boxturtle (Paypal is currently running about 3 weeks, unless you’re an Ebay powerseller)

            • fatster says:

              Try getting rid of your own account. It took me a lot of effort and almost forever (had a dispute about a charge I didn’t authorize; wasn’t much of a charge but that wasn’t the point).

              • PJEvans says:

                I killed mine because I wasn’t about to give PayPal direct access to my account.
                What they don’t really tell you when you get one is that if you don’t give them access, the account will lock up at a certain dollar amount and you won’t be able to use it again until you do give them access. (Which to me is lying to your prospective customers, because (a) they don’t know it’s going to do this and (b) you didn’t tell them what the limit is.)

            • behindthefall says:

              Do you mean that they could freeze the bank account and credit card that PayPal knows about, not “just” the PayPal account itself!?

  3. Frank33 says:

    I guess the banksters want their $6 billion dollars and will use anti-terror laws against Iceland. But Iceland only has 300,000 people and their President is unpredictable. Is the US helping to punish Iceland and set them back 30 years?

    After presenting a gloomy picture of Iceland’s future, the two officials asked for U.S. support…They further said that they did not want to see the matter go to a national referendum and that they were exploring other options for resolving the issue…

    Gunnarsson suggested that the Icesave issue, if it continues along its present course, would cause Iceland to default in 2011 when a number of loans become due and could set Iceland back 30 years…

    Hannesson said that this was not the time for elections or a change of government. He added that he did not sense a willingness on the part of the opposition to take control of the government. Noting that the President, whom he has known for years, is considered “unpredictable,” he hoped that a solution palatable to all sides in Iceland could provide
    a way out.

    What is “Icesave”. It is an online bank that went belly up. I wonder who owns Icesave other than Goldman Sachs. Greece is also under attack by bankster criminals.

    Icesave was an online savings brand owned and operated by Landsbanki from 2006–2008 that offered savings accounts. It operated in two countries – the United Kingdom (since October 2006) and the Netherlands (since May 2008). However, Landsbanki’s 2007 annual report stated there were intentions to roll the brand out to additional territories throughout 2008 and 2009.[1]

    In the UK, Icesave’s marketing slogan was “clear difference”, and it offered three types of savings account: an immediate-access savings account, a cash ISA (Individual Savings Account), and a range of fixed-rate bonds. Interest rates on these accounts were over 6%.[2] At the time of Landsbanki’s collapse, the bank had over 300,000 Icesave customers in the UK, with deposits of over £4 billion (€5 billion).[3]

  4. localibur says:

    Let’s not get carried away here. Paypal ended up apologizing for its suspension of the Cryptome account. Paypal’s Vice President for Legal Affairs John Muller said that the suspension was “wrong” and reversed it. He also mentioned that he was a financial contributor to the Cryptome site himself:

    http://cryptome.org/0001/cryptome-sar.htm

    As “harrassment” goes, this is not exactly J. Edgar Hoover vs. Martin Luther King.

    As for the Wikileaks’ “editor’s” claims of being followed by CIA agents on international flights, the less said the better. Maybe just this: gimme a break.

    • earlofhuntingdon says:

      I think it obvious the WikiLeaks story has more and more credible legs. See this from Glennzilla this morning. “Gimme a break” means ignore or to credit the US military and intelligence agencies with a restraint not in their arsenal, nor seen inside the White House for a decade.

      They would probably consider the Church Committee’s findings as “treasonous” disclosures. They needn’t fear, because this Congress has no one running a committee with anything like his balls. So let’s give Mr. Grayson a committee chair, shall we, and see what Pandora’s boxes he lifts the lids on. After all, we’re paying for everything they do, in more ways than one.

  5. alinaustex says:

    localibur@13
    You appear to be new to this blogcommunity.
    We are here comment often on the big governmnent & big corporate collusion that are actively seeking to deny We the People our basic economic, political , and civil liberties . Currently we are most focused on the bankster that have brought international global economic meltdown to us all. WE have been ripped off by Goldman Sachs and other criminal banksters. This is a pattern that is often repeated -just like the false flag wmd disnformation that led to the illegal occupation of Irak.
    This big government/big corporate collusion is the very textbook definition of fascim.
    So you Sir ?Madam Localicalbur please give us a break -and go troll elsewhere pretty please…

    • watercarrier4diogenes says:

      Can’t remember seeing your name in comments all that much, either, alinaustex. What this new commenter provided was information and a link to it. s/he then added a cautionary statement. This isn’t what’s normally thought of as trolling. Counter-arguments with substantiating info help keep the debate/dialog honest.

      • PJEvans says:

        al’s been around for at least a few months, unless he (?) used to use another name. ‘localibur’, on the other hand, hasn’t been seen before.

  6. TomThumb says:

    One of the posted CIA documents shows that according to their own polling the Afghanistan war is supported by few Europeans, less than ten per cent or thereabouts. It is as if Daniel Ellsberg has come alive in the form of informants within our government and in the form of brilliant web operators at Wikileaks. And just as in Vietnam where Ellsberg revealed that the war was lost, his latest manifestations are revealing that Europe does not want to be part of the Afghanistan war. So I think Wikileaks is providing us a public service equal to that of Daniel Ellsberg.

    http://file.wikileaks.org/file/cia-afghanistan.pdf

  7. puppethead says:

    Considering the USA PATRIOT Act and the government’s pushing for ACTA (insane international copyright controls), I’d say the concerns about the kinds of things an organization like Wikileaks publishes is no longer significant (if it ever really was). As government increasingly becomes a weapon for multinational corporations, people need to strike back by shining the brightest lights into the darkest corners.

    Concerns about “compromising” anything are usually overblown, disinformation campaigns pushed by government agencies to shape public opinion. Let’s not forget one of the most damaging leaks of covert activity in decades came from Dick Cheney from within the White House.

  8. shekissesfrogs says:

    I was alarmed by this the other night, and sent some tweets out to spread the word, but yesterday I did a little searching and reading and now I’m ambivalent about the matter.
    Cryptome is approaching this in a calm manner, and they did not accept the apology from paypal. I don’t think it’s “nothing” to be concerned about.

    Wikileaks is (re)actions are questionable. They say that secret government agents are chasing them around, in part because they have a video they have decrypted that shows killing of journalists. They will be releasing it on April 4th, but are asking for donations as they only have 200 of the 600k they need to operate for the year. And if they come up missing they want everyone to know why. My question is, why don’t they release the video now if they are really afraid for their lives?

    This is beside the other inflammatory documents, the one about shutting them down has been out for a while.
    I found this site. It could be disinfo, but It gave me something to think about. They aren’t following best practices to keep the whistleblowers anonymous.
    https://p10.secure.hostingprod.com/@spyblog.org.uk/ssl/wikileak/media-spin-and-hype/

  9. robspierre says:

    “Both Cryptome and WikiLeaks post stuff that probably exposes our military positions … it’s not clear that these sites choose not to publish information that could be very dangerous”.

    I never find this argument very convincing. If harmless amateurs in Iceland can obtain military or intelligence materials, the chances seem good that enemy spies can get it the same way–assuming that they don’t have it already.

    If anything, publishing secrets that have been compromised is a service. In the IT world, “security-by-obscurity” is notoriously dangerous. It does little to protect the sensitive content but hides the security breach from people who might do something about it. Besides, historically speaking, exposure is the least dangerous outcome following a security breach. The dangerous cases are those in which the breach goes undetected and unrecognized. If the Nazis had known that their Enigma cypher had been compromised, they’d just have changed it. But they didn’t know, and the Allies read all their message traffic for the rest of the WW2.

    In any case, more often than not, actual security secrets aren’t involved when government agencies harass journalists this way. Government employees tend not to leak real secrets in the first place (they are either too patriotic or too aware of what real secrets can be sold for). Instead, secrecy is being misused in order to hide embarrassing mistakes or corruption.

  10. joanneleon says:

    I read about this yesterday on trueslant.com (Barrett Browning, I believe) — a link I picked up via Twitter. I may have read some other related articles too. In one of them, the suggestion was made that it seemed as though the govt. was more concerned about the exposure of information about its spying partnerships with businesses than the other things that Wikileaks was publishing. I don’t know if this is an accurate conclusion or not, but it provided me with food for thought, for sure.

    I too am pretty amazed at the Wikileaks response to this whole thing. Then again, it’s not the first time that I’ve heard that the safest thing to do when you’ve got information that makes you a target is to go public in some way.

    I knew of Wikileaks but didn’t frequent there so I’m not familiar enough with the material they are publishing to make a judgment about what they are doing. But the thing that strikes me is that they are a rare breed these days. So many things seem to remain successfully (enough so anyway) covered up nowadays. White House emails and interrogation tapes can simply disappear in today’s America. Big things, really big things, get classified if they represent a legal or political threat to the powers that be. There are a number of other things that have, IMHO, been covered up that I would really, really like to know more about and that the public should know more about.

  11. earlofhuntingdon says:

    Kudos to the editor who found the masked figure on flickr.

    What should be alarming is the depth and commitment our government has to manipulating news. What goes around – its attempts to influence pro-war views in Europe – comes around – its attempts to influence similar opinions here – and to damage the views and resources and credibility of those whose views differ with theirs.

    As EW and Glennzilla have both said, investigative journalists are under fire at a time when their services are most needed in order for citizens to understand and attempt to influence their own governments. That is, to influence its priorities, what it does and what it spends their money on.

    Citizens’ influence is at a new low, while corporate influence is at a new high. Yet it is the citizens’ government and they pay, one way or another, for all it does.

  12. alinaustex says:

    PJEvans @ 17
    Been here for at least a couple of years localibur is new.
    and waterfordiogenesnes I am reactive to apparently a melding of corporate and governmental security chains of command . Its looking like the wananbees XE and the wannabee Stassis are meeting up to spy on and control open source- and yes to my eyes anybody making excuses for that type of Orwellian activity should be at least suspected of trolling ….

  13. wideband says:

    Paypal has a history of acting like jerks towards outfits that aren’t quite mainstream. For example, they froze the Paypal account of an outdoor camping computer security/civil rights/online hacking event named WhatTheHack when its permits were in slight jeopardy. After a blitz of media attention the permit was quickly granted by the mayor but the timing suggested that Paypal was tipped off by unfriendly Dutch law enforcement.

    WikiLeaks publish what gets submitted, even if it’s embarrassing to themselves: They have posted an email to donors that they themselves sent but used Cc instead of Bcc, thus exposing email addresses.

    In a world where more and more citizens have no privacy from invasive governments, either by creeping erosion or by straight lawbreaking by police and spooks, I find your suggestion that WikiLeaks hold back on publishing something just because it’s embarrassing or otherwise harmful to a foreign government strange.

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