DiFi's Circular Defense of the Phone Dragnet's Legality Proves It Is Illegal
In the report on her own Fake FISA Fix, DiFi makes this case that the phone dragnet program is not illegal.
First, in reference to the call records program, some people will say that the FISA Improvements Act codifies an illegal program. It…
Fat Al Gore Menaces the Homeland and Homeland Security Experts Don't Care
Six days ago, Fat Al Gore (my shorthand for climate change) attacked the Philippines, killing as many 10,000 and leaving 250,000 homeless.
It was Fat Al Gore's most successful attack thus far.
With Fat Al Gore's growing success in mind,…
Pentagon Finally Surrenders, Cancels New Purchase of Russian Helicopters Through Dealer Supplying Syria
Back in June, I wrote about the deceit employed by the Pentagon in going against the advice of SIGAR (pdf) and explicit language in the NDAA to purchase Russian Mi-17 helicopters through the arms dealer Rosoboronexport. Because Rosoboronexport…
DiFi Fake FISA Fix Explicitly Allows Contractors to Conduct Suspicionless Searches on US Person Data
The Senate Intelligence Committee has released its report on DiFi's Fake FISA Fix. The report makes it clearer than ever that this is not at all an improvement, but rather an attempt to use the Snowden leaks as an opportunity to make the spying…
In the Middle of Spying Scandal, Scotland Yard Gives Up on Another One
I'll be honest. I've been thinking about Gareth Williams -- the GCHQ spy found dead in a duffle bag in his safe house -- since the Snowden leaks started. With each new disclosure, especially about GCHQ (though remember that Williams also worked…
If the Executive Had Followed Clear Minimization Requirements of PATRIOT, Dragnet Abuses Might Have Been Avoided
For 4 years, it has been clear that DOJ Inspector General Glenn Fine used his 2008 report on the FBI's use of Section 215 to address how it had been used for what was then a secret program. For that reason, I want to look more closely at what…
McClatchy Debunks the Latest Libyan Left Behind Novel
McClatchy has done the long overdue work of debunking the entirety of the 60 Minutes piece on Benghazi.
Much of their line-by-line debunking serves to point out that 60 Minutes' repeated claims that "al Qaeda" was responsible for the attack…
In Which Ben Wittes Proves Ben Wittes Is NAKED
160 days ago, Jim Sensenbrenner released a letter to Eric Holder expressing concern about the way DOJ had interpreted Section 215. In it, he did some creative editing to hide that he had had an opportunity to learn about that interpretation…
Lavabit and The Definition of US Government Hubris
Well, you know, if you do not WANT the United States Government sniffing in your and your family's underwear, it is YOUR fault. Silly American citizens with your outdated stupid piece of paper you call the Constitution.
Really, get out if…
The Phone Dragnet Did Not (and May Still Not) Meet the PATRIOT Act's Minimization Requirements
While a number of the changes to Section 215 passed just before the government started relying on it to create a database of all phone-based relationships in the United States watered down the law, one provision made the law stricter.
The…
The Opportunity Cost of the Global Dragnet
Back in 2006-7, I wrote a series of posts in which I considered the opportunity cost of the Iraq War at a time when our hegemonic position was already clearly in decline. In the years leading up to the Iraq War, I believe Dick Cheney assessed…
Just One Week Before Jirga on US Troop Immunity, Reuters Finds Afghan Murder Investigation Stymied by Immunity
With Hamid Karzai's loya jirga only about one week away, Reuters has published information that adds fuel to one of the major objections to the new Bilateral Security Agreement between Afghanistan and the US that the jirga is meant to bless.…
You Were Warned: Cybersecurity Expert Edition — Now with Space Stations
Over the last handful of days breathless reports may have crossed your media streams about Stuxnet infecting the International Space Station.
The reports were conflations or misinterpretations of cybersecurity expert Eugene Kaspersky’s…
Tapping the Oil Industry
Remember when it was outrageous that the Iranians had (allegedly) hacked Aramco? In addition to wiping hard drives (though in ways that left the computers recoverable), they also took and threatened to release documents.
In news that I earlier…
Is the Government Hiding FISC's "Erroneous" 215 Opinion Until After Basaaly Moalin's Hearing for a New Trial?
As I mentioned in this post, the government is due to turn over the remaining documents in the ACLU FOIA for Section 215 documents on November 18. Among the documents it may release is a February 24, 2006 FISC opinion. This may be the only…
Iran, IAEA Ink Agreement, But Was Slain Deputy Minister Part of P5+1 Negotiations?
Despite the near-miss over the weekend of an agreement between Iran and the P5+1 group of countries aimed at diffusing the crisis over Iran's nuclear technology, an agreement was announced today in Tehran between Iran and the IAEA. The text…
Drone Strikes on the NYT's Claim to Have Improved
NYT Public Editor Margaret Sullivan attempts to tell the story of why the NYT held the illegal wiretap story before the 2004 election. Amid comments from the main players, she effectively admits that the NYT only published in 2005 because James…
Three Theories Why the Section 215 Phone Dragnet May Have Been "Erroneous" from the Start
Update, 1/6/14: I just reviewed this post and realize it's based on the misunderstanding that the February 24 OLC opinion is from last year, not 2006. That said, the analysis of the underlying tensions that probably led to the use of Section…
Was Adel Daoud Targeted Off of a Back Door Search of Traditional FISA Collection?
Daoud Adel is a 20-year old US citizen from suburban Chicago who was charged last year in an FBI sting in which he allegedly tried to set off a car bomb outside a night club. Last year, during the debate on FISA Amendments Act reauthorization,…
After Reportedly Being Offered Saudi Weapons Sales, France Tries to Blow Up Iran Deal
Several weeks after this WSJ article describing a staged Bandar bin Sultan tantrum about US actions, it was revealed the "Western diplomat" involved was a representative of France.
Diplomats here said Prince Bandar, who is leading the kingdom's…