Boing Boing 

Ed Snowden says he'll face trial in the US

But only if he's guaranteed a "legal and impartial trial" -- that is, not a trial under ancient law like the Espionage Act.

Journalist Barrett Brown sentenced to 63 months in federal prison

He's already served more than two years in prison on charges related to sources within the Anonymous hacktivist entity.Read the rest

Feds given deadline to subpoena NYT reporter over CIA leak

Reporter James Risen of the New York Times and author of the book, "State of War" speaks during a taping of "Meet the Press" at NBC studios January 8, 2006 in Washington, DC.  Image: NBC


Reporter James Risen of the New York Times and author of the book, "State of War" speaks during a taping of "Meet the Press" at NBC studios January 8, 2006 in Washington, DC. Image: NBC

Now is not exactly the best time for Obama's Justice Department to be subpoenaing one of the nation's best journalists for reporting on a spectacularly botched CIA operation, but that's the decision Attorney General Eric Holder faces this week.

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Obama administration has secured 526 months of jail time for leakers


Up until Obama's "most transparent administration", and throughout the entire history of the USA, national security leakers had received a total of 24 months of jail time. There are many more cases pending.

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The Laura Poitras film on Snowden shows that only government transparency will stop leaks

Edward Snowden. Photo: Guardian.


Edward Snowden. Photo: Guardian.

As we've mentioned, filmmaker Laura Poitras has an important new documentary out about Edward Snowden, and the impact of his leaks on NSA surveillance.

In a review of the “Citizenfour” for The Guardian, Trevor Timm, Executive Director of Freedom of the Press Foundation (Laura Poitras is a board member, so am I) writes:

[W]hat the government has failed to grasp is that Chelsea Manning and Snowden’s leaks are not isolated incidents – or, at least they won’t be when we look back on this era 10 years from now. There are 5 million people with security clearances in this country, and many of them are part of a new generation that is far more critical of the blanket secrecy permeating government agencies than the old guard.

It’s only now that we are finally starting to see the reverberations of Manning’s and Snowden’s whistleblowing. But one thing is for sure: there are many more potential whistleblowers out there, and if government officials do not move to make their actions more transparent of their own volition, then their employees may well do it for them.

Previously: "Laura Poitras's Citizenfour: the real story of Edward Snowden"

Fed whistleblower secretly recorded 46 hours of regulatory capture inside Goldman Sachs

Carmen Segarra is a former FTC regulator who joined the fed after the financial crisis to help rescue the banking system -- but she was so shocked by the naked regulatory capture on display that she ended up buying a covert recorder from a "spy shop" and used it to secretly record her colleagues letting Goldman Sachs get away with pretty much anything it wanted to do.

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Germany is NSA's largest listening post, according to new report based on Snowden leaks

A general view of the large former monitoring base of the U.S. intelligence organization National Security Agency (NSA) during break of dawn in Bad Aibling south of Munich, July 11, 2013. Chancellor Angela Merkel has defended Germany's cooperation with U.S. intelligence, dismissing comparisons of its techniques to those used in communist East Germany in an attempt to ease tensions a day before talks on the thorny issue in Washington.   REUTERS/Michael Dalder


A general view of the large former monitoring base of the U.S. intelligence organization National Security Agency (NSA) during break of dawn in Bad Aibling south of Munich, July 11, 2013. Chancellor Angela Merkel has defended Germany's cooperation with U.S. intelligence, dismissing comparisons of its techniques to those used in communist East Germany in an attempt to ease tensions a day before talks on the thorny issue in Washington. REUTERS/Michael Dalder

Using documents leaked by National Security Agency whistleblower Edward Snowden, Der Spiegel reports that the NSA has turned Germany into its most important base of operations in Europe. "NSA is more active in Germany than anywhere else in Europe," reports the paper, "And data collected here may have helped kill suspected terrorists."

The German archive provides the basis for a critical discussion on the necessity and limits of secret service work as well as on the protection of privacy in the age of digital communication. The documents complement the debate over a trans-Atlantic relationship that has been severely damaged by the NSA affair.

They paint a picture of an all-powerful American intelligence agency that has developed an increasingly intimate relationship with Germany over the past 13 years while massively expanding its presence. No other country in Europe plays host to a secret NSA surveillance architecture comparable to the one in Germany. It is a web of sites defined as much by a thirst for total control as by the desire for security. In 2007, the NSA claimed to have at least a dozen active collection sites in Germany.

The documents indicate that the NSA uses its German sites to search for a potential target by analyzing a "Pattern of Life," in the words of one Snowden file. And one classified report suggests that information collected in Germany is used for the "capture or kill" of alleged terrorists.

"New NSA Revelations: Inside Snowden's Germany File" [Der Spiegel]

Related:

Whistleblower org says it will go to jail rather than turning over its keys


The Project on Government Oversight (POGO) has told the Obama administration that its leaders will go to jail rather than respond to an extrajudicial administrative subpoena seeking the identity of whistleblowers who disclosed corruption in the Veterans' Administration.

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Kim Dotcom offering $5M bounty for information on how his case was rigged

Kim Dotcom, proprietor of the defunct Megaupload, is convinced that the raid on his company was crooked, and he's put up a $5M bounty on information that will help him prove misdeeds on the part of the US or New Zealand authorities:

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NSA whistleblower Thomas Drake to appear at HOPE NYC

2600's Emmanuel Goldstein writes, "This summer's HOPE X conference has added another major whistleblower to its schedule: Thomas Drake, who was charged under the Espionage Act in 2010 after revealing waste, fraud, and abuse at the NSA. The government would later drop these charges, after ruining Drake's career and dragging his name through the mud. Drake was one of the opponents of the NSA's Trailblazer program in 2002, which wound up costing billions of taxpayer dollars and would have been a huge violation of privacy, had it not been cancelled in 2006. It wouldn't be the last such program, and Drake wouldn't be the last whistleblower. HOPE X takes place July 18-20 at the Hotel Pennsylvania in New York City. More info at xxx.xxxxxxxxxxxxxxxxxx.xxx or x.hope.net."

Tomorrow: Berlin sunrise mass whistle-in to commemorate Snowden leaks


A reader writes, "Just after sunrise on June 5, the NK Projekt in Berlin is leading a massive whistle-blowing session to commemorate the one-year anniversary of Edward Snowden's own whistle blowing activities."

(Image: I want you to blow the whistle, Mike, CC-BY-SA)

Crowdfunding for Cryptome, oldest radical secrets-leaking site online

nya-kick.largeWithout Cryptome.org, there would have been no Wikileaks, though the two organizations' history and methods of operation couldn't be more different. I'm pretty sure it's the oldest continuously-running website devoted to the public exposure of secret documents for the public good, and has weathered constant attack and intimidation by entities who would rather that websites like Cryptome not exist.

The website run by John Young and Deborah Natsios has a kickstarter campaign, and it's worth considering kicking in if radical transparency is something you support.

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NBC airs Edward Snowden's first US TV interview

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NBC released a preview clip from a widely-promoted Brian Williams interview with whistleblower Edward Snowden, which airs tonight, Wednesday May 28, at 10pm EDT. The hour-long interview is the former NSA contractor’s first US television interview since leaking NSA documents to reporters.

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The VA whistleblower speaks out

The sign in the front of the headquarters building at the Department of Veteran Affairs is seen as a man walks past in Washington. (Reuters/Larry Downing)


The sign in the front of the headquarters building at the Department of Veteran Affairs in Washington, DC. (Reuters)

The Veterans Administration worker who leaked damning information about the federal agency has a name: Sam Foote. He is an internist, and for 19 years was a VA outpatient clinic director.

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White House leaks name of Kabul CIA chief, yet no one goes to prison

Soldiers take photos as U.S. President Barack Obama (C) shakes hands with troops after delivering remarks at Bagram Air Base in Kabul, May 25, 2014. (Reuters/Jonathan Ernst)


Soldiers take photos as U.S. President Barack Obama (C) shakes hands with troops after delivering remarks at Bagram Air Base in Kabul, May 25, 2014. (Reuters/Jonathan Ernst)

The identity of the top CIA officer in Afghanistan was exposed over the weekend by the White House when his name was included by mistake on a list given to news organizations of senior officials participating in President Obama’s surprise visit with US troops.

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New NYT editor spiked NSA spying story

Dean Baquet.


Dean Baquet.

Mostly lost in the past week's media gossip around NYT executive editor Jill Abramson's ouster, and Dean Baquet's promotion to her role: Baquet is the former LA Times editor who killed the biggest NSA leak pre-Edward Snowden.

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Report: US pursuing active criminal case against Wikileaks' Assange

Wikileaks founder Julian Assange is the target of “a multi-subject investigation" by the FBI, US court documents obtained under a Freedom of Information Act request reveal.

Obama administration proves why we need someone to leak CIA Torture Report

image: Reuters


image: Reuters

It’s now been over a month since the Senate Intelligence Committee voted to force the Obama administration to declassify parts of the Committee’s landmark report on CIA torture, and the public still has not seen a word of the 6,000 page investigation.

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Fact-checking Hillary Clinton's comments on Edward Snowden and the NSA

Former U.S. Secretary of State Hillary Clinton speaks to a group of supporters and students at the University of Miami in Coral Gables, Florida February 26, 2014. REUTERS/Gaston De Cardenas


Former U.S. Secretary of State Hillary Clinton speaks to a group of supporters and students at the University of Miami in Coral Gables, Florida February 26, 2014. REUTERS/Gaston De Cardenas

Hillary Clinton made her first extended public remarks about Edward Snowden late last week, and unfortunately she misstated some basic facts about the NSA whistleblower and how events have played out in the last year. Here’s a breakdown of what she said and where she went wrong:

Clinton: "If he were concerned and wanted to be part of the American debate, he could have been… I don't understand why he couldn't have been part of the debate at home."

This is one of the biggest misconceptions about Snowden that even NSA reform advocates have furthered. Edward Snowden could not be part of this debate at home, period.

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State Dept launches 'Free the Press' campaign while DOJ asks Supreme Court to force NYT's James Risen to jail

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The US State Department announced the launch of its third annual "Free the Press" campaign today, which will purportedly highlight "journalists or media outlets that are censored, attacked, threatened, or otherwise oppressed because of their reporting." A noble mission for sure. But maybe they should kick off the campaign by criticizing their own Justice Department, which on the very same day, has asked the Supreme Court to help them force Pulitzer Prize winning New York Times reporter James Risen into jail.

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HOPE X conference: Dissent in NYC


Emmanuel from 2600 writes, "It should come as no surprise that dissent is playing a prominent role at the HOPE X conference this July in New York. So many technological developments of late involve standing up to authority and questioning the status quo. Whether it's using social media to organize people into doing something worthwhile, exposing security holes in the face of threats and lawsuits, becoming a whistleblower by using the information and technology we have access to, or just getting the word out about the latest laws, restrictions, and threats to our freedom and privacy, a lot of what we talk about constitutes one form or another of dissent. And it feels pretty good and healthy to speak out and share knowledge."

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A Vindication for the Public: Guardian and Washington Post Win Pulitzer Prize (A statement from Edward Snowden)

I am grateful to the committee for their recognition of the efforts of those involved in the last year's reporting, and join others around the world in congratulating Glenn Greenwald, Laura Poitras, Barton Gellman, Ewen MacAskill, and all of the others at the Guardian and Washington Post on winning the Pulitzer Prize for Public Service.

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Glenn Greenwald and Laura Poitras enter the US for first time since Snowden leaks

A first since they began reporting on the material leaked by NSA whistleblower Edward Snowden: Glenn Greenwald and Laura Poitras, landing in the United States. There have been concerns that the US might detain them if they entered the country.

(Disclosure: I'm on the board of the Freedom of the Press Foundation with all three)

Daniel Ellsberg to keynote HOPE X in NYC this summer

2600 Magazine's Emmanuel Goldstein writes, "Acclaimed whistleblower Daniel Ellsberg will be keynoting at this summer's HOPE X conference in New York City. Ellsberg leaked the infamous Pentagon Papers, 7,000 pages of documents that wound up changing American history forever. Today's whistleblowers are treated far more harshly, both by the authorities and the mainstream media, often facing lengthly prison terms or a life on the run. Fortunately, Ellsberg has remained involved and connected. A whole new generation will hear his words in person and hopefully be inspired to reveal the truth from whatever corporate or government position they find themselves in."

UK tax authority used anti-terror law to spy on whistleblower who disclosed sweetheart deal for Goldman Sachs


The UK tax authority HMRC abused the country's controversial anti-terrorism law to spy on a whistleblower and journalists at the Guardian after it was embarrassed by the revelation that it had given a sweetheart deal to Goldman Sachs. Osita Mba revealed a government oversight body that HMRC forgave GBP10M in interest owed by Goldman Sachs after a failed tax-evasion scheme, and in the ensuing public furore, HMRC's top executives invoked RIPA, the country's anti-terror law, to spy on its employees and on Guardian journalists in order to discover the identity of the leaker. Under RIPA, HMRC is able to spy on the nation's emails, Internet traffic, text messages, phone records and other sensitive data.

Lin Homer, the head of HMRC has appeared before a Parliamentary committee to explain its use of anti-terror spying powers to uncover the identity of a whistleblower whose personal information is protected by legislation, and was unrepentant, and would not rule out doing it again in the future.

Margaret Hodge, the committee chair, expressed shock at this. But it was under her party's last government, the Blair regime, that RIPA was put into place, over howls of protest from campaigners who predicted that it would be used in just this way.

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Complaint: WIPO director illegally collected staff DNA in order to out whistleblower


In this International Labour Office complaint, Miranda Brown, a former employee of the World Intellectual Property Agency, alleges that WIPO Director General Francis Gurry illegally collected DNA samples from WIPO staffers in order to out a whistleblower. The complaint stems from Gurry's campaign to secure the Director General's job, during which an anonymous staffer posted letters alleging that Gurry engaged in sexual harassment and financial improprieties. Brown, who was forced to resign, says that Gurry secretly directed UN security officers to covertly collect lipstick, dental floss, and other personal items from WIPO staffers in order to attain DNA samples that could be used to identify the letters' author. Gurry is also implicated in a multi-million dollar construction scandal over the building of the new WIPO HQ, which took place when he was legal counsel to the agency.

The entire affair is incredibly sordid, with multiple cover-ups. The complaint paints a picture of a reign of absolute terror, with staffers fearful of reprisals from Gurry over any questioning or reporting of a pattern of bullying, impropriety, harassment and defamation. Having served as a delegate to WIPO, I find it all rather easy to believe. I have never encountered a body more openly corrupt in my life.

INTERNATIONAL LABOUR OFFICE ADMINISTRATIVE TRIBUNAL [PDF] via Copyfight)

(Image: HL Dialogue No 3, ICT Innovations and Standards, a CC-BY image from itupictures)

London Heathrow customs agent interrogates Edward Snowden's attorney Jesselyn Radack

Jesselyn Radack, an attorney who represents NSA whistleblower Edward Snowden, was detained and interrogated while transiting customs at Heathrow airport in London. Kevin Gosztola reports:

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US drones could be killing the wrong people because of metadata errors

The Intercept, the "fearless, adversarial journalism" venture launched by Pierre Omidyar's First Look Media, launched with a big boom today.

Lead story on the site right now, which is https by default (and straining under launch day load at the moment) explores "The NSA’s Secret Role in the U.S. Assassination Program."

The Intercept will initially focus on NSA stories based on documents provided by Edward Snowden, and this is one such story.

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Guilty plea in Fox News leak case shows why Espionage Act prosecutions are unfair to reporters' sources


Stephen Jin-Woo Kim. Image: Stephen Kim Legal Defense Trust.

Former State Department official Stephen Kim announced today he will plead guilty to leaking classified information to Fox News journalist James Rosen and will serve 13 months in jail.

The case sparked controversy last year when it was revealed the Justice Department named Rosen a “co-conspirator” in court documents for essentially doing his job as a journalist. But a largely ignored ruling in Kim’s case may have far broader impact on how sources interact with journalists in the future.

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Leaked trove of 55,000 photos detail brutal torture and killing of 11,000 Syrian detainees

A Syrian defector who worked for the regime as a forensic photographer leaked over 55,000 photos detailing the deaths of at least 11,000 people, almost all young men, believed to have been political prisoners who were in custody of the Bashar al-Assad regime. The photos were validated by a trio of globally recognized human rights lawyers with experience at the International Criminal Court. One of the lawyers, Professor David Crane, did an interview (MP3) with CBC Radio's As It Happens in which he compared the photos of the bodies to the pictures that emerged from the Nazi's death camps; saying that they were emaciated to the point of death and showed evidence of brutal torture. The photos came to light on the eve of a fresh round of peace-talks between the Assad regime and the various rebel factions in Syria.

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