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Posted at 09:53 pm by deadringer
HOW THE NSA IS TRANSFORMING LAW ENFORCEMENT
Images © David Baldinger
For those of you who have followed my posts since 2005, you will find that I spoke about the ominous nature of the "Homeland Security" rubric, and how agencies were going to cross boundaries. Well, here it is, all the proof you need to see that I was correct and not some crazy "conspiracy theorist." However, now you have something that has become entrenched, that will not be easy to disband - something that has been codified into the fabric of US institutions and society at large. It would have been easier to do something earlier, but people were too busy wondering "what is wrong with this crazy guy," not so crazy now.
"If you've been imagining NSA surveillance as something distant, with analysts sitting in remote data centers quietly analyzing metadata" stop now. NSA surveillance has become a part of day-to-day law enforcement fabric in the United States. The Snowden disclosures that were made public as part of Glenn Greenwald's book No Place to Hide drive this point home, and they emphasize why we need real change to government surveillance, not minor reforms.
There are two key points necessary to understand the domestic aspect of NSA surveillance: the integral role of the FBI in helping the NSA spy on Americans, and the acceptance of usage of NSA material for domestic and traditional law enforcement purposes. These are contingent, of course, on the fact that the NSA's procedures allow widespread targeting of Americans.
Much of the material published on May 13 expanded on the disturbing revelations that we've already seen, but there were some standout points: new information about the degree of spying on the U.N. and other foreign officials, documents demonstrating the economic espionage aspect of NSA surveillance, and some interesting technical details about NSA programs. Among those technical details, what was especially striking for those of us in the United States were the slides that described how the FBI enables NSA surveillance.
A series of slides demonstrated that the FBI essentially serves as an attack dog for the NSA, doing the NSA's domestic dirty work. One slide, which was previously published, notes that for purposes of PRISM, relationships with communications providers are only through the FBI. (slide23.jpg). Another slide describes how the FBI and NSA partner to "address an unreliable and incomplete Facebook collection system." (slide81.jpg).
There are also a series of slides describing the FBI's relationship with Microsoft. One notes that the NSA is now able to collect Microsoft Skydrive data as a "result of the FBI working for many months with Microsoft to get this tasking and collection solution established." (slide27.jpg). The documents also show that the NSA, Department of Justice, and FBI collaborated to collect Skype data. (slide29.jpg). Similarly, after Microsoft enabled encrypted chat: "MS, working with the FBI, developed a surveillance capability to deal with the new SSL." (slide30.jpg).
Clearly, the NSA would have a much more difficult if not impossible time collecting information without the FBI.
None of this should be surprising. It's easy to forget that Section 215 of the Patriot Act allows the Federal Bureau of Investigation not the NSA to apply for production of business records. Remember the Verizon order that jumpstarted the NSA surveillance conversation? That order was an application to the Foreign Intelligence Surveillance Court by the FBI for production of Verizon's business records to the NSA.
The national discourse since June 6, 2013, has been about NSA spying. But talking about NSA spying on its own doesn't make sense. We need to be talking about the surveillance state as a whole.
And it's not just the FBI that we should be concerned about. The NSA's role in ordinary investigations is not new information. But every document that expands on the NSA's involvement in anything domestic, and not national security related, should ring alarm bells for everyone in the United States. We know now that:
- The NSA data is fed to the Drug Enforcement Agencys "Special Operation Division." The DEA in turn uses this information in ordinary investigations, while cloaking the source even from judges and prosecutors.
- The Foreign Intelligence Surveillance Court authorized the NSA to share unminimized data with the FBI, as well as the CIA, with the "Raw Take" order. Prior to this "agencies [had] to 'minimize' private information about Americans deleting data that is irrelevant for intelligence purposes before providing it to others."
- Information sharing between the FBI, NSA, and CIA has been routinized through "software which would automatically gather a list of tasked PRISM selectors every two weeks to provide to the FBI and CIA." (slide31.jpg). Similarly, the NSA sends "operational PRISM news and guidance to the FBI and CIA so that their analysts could task the PRISM system properly, be aware of outages and changes, and optimize their use of PRISM."
- And, most recently, we learned that the NSA partners with the DEA to record nearly all cell phone calls in the Bahamas but not for national security purposes. This surveillance helps "to locate 'international narcotics traffickers and special-interest alien smugglers' traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction." In fact, a 2004 memo discusses the NSA's integral goal in the war on drugs.
Everything we now know about the NSA paints a picture of an agency that has grown wildly outside the bounds of its purpose to protect national security. The national security justifications for dragnet surveillance ring hollow. It's time to take Congress and the President to task for this, and call for an end to the unchecked actions of our dangerous spy agencies the NSA and the FBI."
ORIGINAL ARTICLE - EFF
CONNECTING THE BULLSHIT DOTS, BELOW:Not that I am any fan of Glenn Beck (decidedly not), but every once in the while he lands on something worthwhile that the American people should notice. This is not something that just started with the Obama Administration, below:
HOW DEEP THE RABBIT HOLE GOES? FEB. 2001, PRE-9/11 THE PLAN GOES DEEPER THEN "AFTER" 9/11 EXAMPLE BELOW:
Posted at 05:26 pm by deadringer
WHY THE NSA EXPOSES WILL NOT STOP THE PROCESS
While the NSA exposes about what they are doing is revealing, it will only result in cosmetic activity, and nothing substantive will change. This is partially due to only showing what the State/government actor is doing, and not its willing accomplice, the intelligence corporations. Nor how all of the other official institutions, like the universities are compromised.
Just like the military, it is one thing to expose what the military is doing in the world, and it another thing to go after the complex/corporations which live and breath off of the murderous process. It is like there is a disconnect when it comes to corporations, it is like having a pool which humanity swims in stocked with hungry sharks - but we call it normal, because we are so brainwashed.
Take any arena you like, look at the environmental movement, people petition the government from local to federal, but they never dream of ever really stopping the corporations which are destroying the environment. The same goes for exposing the government spying while 70% of the money spent goes to these intelligence corporations, which are unregulated moving in the realm of carte blanche.
However corporations like the above are conflated with the so-called American Dream, where you start out with little to nothing and build yourself into an abusing destructive corporate behemoth. So Americans have a disconnect from what is really abusing them, because they are mired, indeed smothered, that they will get nowhere fast in life without getting their corporate passport. There is nothing that is offered in the country for any upward mobility except through the corporate door, the people are educated into corporate slavery - indeed, try to think of anything that is not attached to a corporation.
You are called "Un-American" for putting your finger on this sore, yet these intelligence corporations are just like those which supported Hitler during WW2 - it is fascism, a form of inverted totalitarianism. So the corporations become the new "we the people," indeed legal finding speak of person-hood and free speech is a suitcase full of money!
Therefore men like Barrett Brown languish while awaiting a stacked trial, even though the stakes have been reduced - but I bet you the terms of the plea bargain are just "drop this connection between the intelligence corporations and the deep State (NSA a part of)." Corporations are agents of the State, just look at the charters, their charters are all pointed toward filling their corporate duty - but that duty is never principally to the people, it is not to their employees, and it is not to the general population - it is State fealty and short term profit. These intelligence corporations on the gravy train serve the interest of the few, they are the cadre of the moneyed elite, and this is not just in intelligence, but in every vital area of the so-called pursuit of life and happiness.
So having said this, you can see why the expose of the NSA et al, itself is not sufficient, it is the entire system - it is a twisted systemic issue. The militarism which has destroyed countless countries so the Fortune 500 can thrive is now turned in on the people domestically, it has always been here draining the people like squeezing the sponge until it is as dry as a bone being turned to powder so that any breeze can blow away the remnants.
Read this article written by Kevin M. Gallagher , the Founder and Director, of Free Barrett Brown written in the Huffington Post. I would submit that "Private Spys" need more then just Scrutiny, they need to be STOPPED:
"It turns out being the only imprisoned journalist in the United States doesn't get you on CNN or MSNBC. If you're Barrett Brown, a firebrand with an outlandish style, a penchant for insulting those very outlets and a history of working with hacktivist collectives, you can consider yourself lucky to get written up in Rolling Stone and the New York Times.
The drama of Brown's case and cancelled trial is all but over, but the media and the public has dropped the ball on what he was trying to expose. That's the secretive world of private intelligence contractors -- an estimated $56 billion-a-year industry consuming 70 percent of America's intelligence budget.
Edward Snowden's leaks have shed a much-needed spotlight on the activities of the NSA and GCHQ -- governmental surveillance, yet very little examination is now given to the corporations and companies who work closely with the state, while selling their capabilities on the open market. To them, dictatorships and authoritarian regimes are just another customer.
The growing nexus of intelligence, defense contracting, and cybersecurity is massive. New enterprises appear every day in response to perceived threats and manufactured demand. What we've learned so far is disturbing and entails a virtual shopping mall for the technology needed to commit rights violations and neutralize dissent.
Spyware created by Gamma International has been deployed against activists in Bahrain and Egypt. Leonie Industries, a defense contractor specializing in information operations, was caught in an online smear campaign against a journalist and editor from USA Today who had written an article that was critical of that same company.
Stratfor was discovered surveilling Bhopal activists at the behest of Dow Chemical, and PETA on behalf of Coca-Cola, as well as monitoring the Occupy Wall Street protests.
Amesys's Eagle spyware was sold to Gaddafi while he was still in power, and used to spy on journalists and human rights activists in Libya. Qorvis, an American public relations firm, has been hired to shore up the Kingdom of Bahrain's reputation as it engages in a violent crackdown against demonstrators.
Endgame Systems and VUPEN are selling zero-day exploits to the highest bidder, vulnerabilities which are used to eavesdrop on communications. Hacking Team's interception and remote control software has been used against journalists and activists in Morocco, the UAE and many other places.
Ntrepid won a large contract from CENTCOM for persona management - software capable of controlling multiple sockpuppets, fake online personalities which are used for disinformation and propaganda. Raytheon has developed a program called Riot which mines data from social media and uses it to predict your next move.
TrapWire, a mass video surveillance system created by Abraxas Applications, caused a scandal when it was revealed that CCTV was being used to detect patterns of behavior preceding terror attacks. Bright Planet has a product called BlueJay which bills itself as a "Law Enforcement, Twitter Crime Scanner".
Syngenta, a large agribusiness, attacked the credibility of a scientist who had published research critical of one of their chemicals.
A consortium of firms informally called Team Themis plotted to disrupt and undermine WikiLeaks and target Glenn Greenwald, along with critics of the U.S. Chamber of Commerce. Names such as Palantir Technologies, HBGary, Berico Technologies and Endgame were all involved.
Palantir's flagship product is a big data search and analysis application that is so good, and so ripe for abuse, it's scary. Booz Allen Hamilton -- Snowden's former employer -- earns 99 percent of their revenue from the federal government.
Blackwater had to change their name, and their license to operate in Iraq was revoked after gross negligence came to light. Wackenhut Corporation has been implicated in numerous scandals involving lax security at nuclear facilities.
There's more; we've only scratched the surface... Look up SAIC, In-Q-Tel, Archimedes Global, Cubic Corporation, ManTech International, Lockheed Martin, Northrup Grumman. The industry has become so large that some in the European Union are rightfully pushing for export controls on surveillance technology. Meanwhile, the evolution of cyberspace as a theater of war has troubling implications for the liberty of all who inhabit the internet.
Sure, the NSA, CIA and FBI deserve scrutiny, but we should devote our attention to the private sector also. Outsourcing has always been a convenient way to avoid accountability. Firms such as these typically maintain a revolving door, with executives and board members moving in and out of key government positions.
The GAO has criticized agencies' reliance on contract personnel within the civilian intelligence community and called for improved reporting. Agencies are not even sure how many contractors they employ. Meanwhile, a recent DoD IG report found that contractors who had committed misconduct rarely lost their clearances.
And since 2012, domestic propaganda has been legal in the United States. With what we know by now, we should be very concerned. But what brave contractor will become a whistle-blower and reveal wrongdoing, when they are afforded very little protections to do so because of loopholes?
What was said by Lt. Col Anthony Shaffer in response to the revelation of Romas/COIN: "I think the public is naive to the actual level of technology that's available and what's being done," is echoed by the sentiment of Barrett Brown: "This is the world we accept if we continue to avert our eyes. And it promises to get much worse."
PRIVATE SPYS NEED MORE SCRUTINY
Posted at 06:45 pm by deadringer
KEY FACTORS SIGNALING THE IRREVERSIBLE COLLAPSE OF CIVILIZATION
As you read this article look at the complete archives of this blog, the repetition and emphasis - you will see an unmistakable parallel. People ask why I keep talking about a moneyed elite constantly, it was because of my grasp of civilizations throughout the centuries in my studies. Now you do not need to just hear it from me any longer, you can look at a well rounded establishment study which says the same thing below.
____________________"A new study partly-sponsored by Nasa's Goddard Space Flight Center has highlighted the prospect that global industrial civilisation could collapse in coming decades due to unsustainable resource exploitation and increasingly unequal wealth distribution.
Noting that warnings of 'collapse' are often seen to be fringe or controversial, the study attempts to make sense of compelling historical data showing that "the process of rise-and-collapse is actually a recurrent cycle found throughout history." Cases of severe civilisational disruption due to "precipitous collapse - often lasting centuries - have been quite common."
The independent research project is based on a new cross-disciplinary 'Human And Nature DYnamical' (HANDY) model, led by applied mathematician Safa Motesharrei of the US National Science Foundation-supported National Socio-Environmental Synthesis Center, in association with a team of natural and social scientists. The HANDY model was created using a minor Nasa grant, but the study based on it was conducted independently. The study based on the HANDY model has been accepted for publication in the peer-reviewed Elsevier journal, Ecological Economics.
It finds that according to the historical record even advanced, complex civilisations are susceptible to collapse, raising questions about the sustainability of modern civilisation:
"The fall of the Roman Empire, and the equally (if not more) advanced Han, Mauryan, and Gupta Empires, as well as so many advanced Mesopotamian Empires, are all testimony to the fact that advanced, sophisticated, complex, and creative civilizations can be both fragile and impermanent."
By investigating the human-nature dynamics of these past cases of collapse, the project identifies the most salient interrelated factors which explain civilisational decline, and which may help determine the risk of collapse today: namely, Population, Climate, Water, Agriculture, and Energy.
These factors can lead to collapse when they converge to generate two crucial social features: "the stretching of resources due to the strain placed on the ecological carrying capacity"; and "the economic stratification of society into Elites [rich] and Masses (or "Commoners") [poor]" These social phenomena have played "a central role in the character or in the process of the collapse," in all such cases over "the last five thousand years."
Currently, high levels of economic stratification are linked directly to overconsumption of resources, with "Elites" based largely in industrialised countries responsible for both:
"... accumulated surplus is not evenly distributed throughout society, but rather has been controlled by an elite. The mass of the population, while producing the wealth, is only allocated a small portion of it by elites, usually at or just above subsistence levels."
The study challenges those who argue that technology will resolve these challenges by increasing efficiency:
"Technological change can raise the efficiency of resource use, but it also tends to raise both per capita resource consumption and the scale of resource extraction, so that, absent policy effects, the increases in consumption often compensate for the increased efficiency of resource use."
Productivity increases in agriculture and industry over the last two centuries has come from "increased (rather than decreased) resource throughput," despite dramatic efficiency gains over the same period.
Modelling a range of different scenarios, Motesharrei and his colleagues conclude that under conditions "closely reflecting the reality of the world today... we find that collapse is difficult to avoid." In the first of these scenarios, civilisation:
".... appears to be on a sustainable path for quite a long time, but even using an optimal depletion rate and starting with a very small number of Elites, the Elites eventually consume too much, resulting in a famine among Commoners that eventually causes the collapse of society. It is important to note that this Type-L collapse is due to an inequality-induced famine that causes a loss of workers, rather than a collapse of Nature."
Another scenario focuses on the role of continued resource exploitation, finding that "with a larger depletion rate, the decline of the Commoners occurs faster, while the Elites are still thriving, but eventually the Commoners collapse completely, followed by the Elites."
In both scenarios, Elite wealth monopolies mean that they are buffered from the most "detrimental effects of the environmental collapse until much later than the Commoners", allowing them to "continue 'business as usual' despite the impending catastrophe." The same mechanism, they argue, could explain how "historical collapses were allowed to occur by elites who appear to be oblivious to the catastrophic trajectory (most clearly apparent in the Roman and Mayan cases)."
Applying this lesson to our contemporary predicament, the study warns that:
"While some members of society might raise the alarm that the system is moving towards an impending collapse and therefore advocate structural changes to society in order to avoid it, Elites and their supporters, who opposed making these changes, could point to the long sustainable trajectory 'so far' in support of doing nothing."
However, the scientists point out that the worst-case scenarios are by no means inevitable, and suggest that appropriate policy and structural changes could avoid collapse, if not pave the way toward a more stable civilisation.
The two key solutions are to reduce economic inequality so as to ensure fairer distribution of resources, and to dramatically reduce resource consumption by relying on less intensive renewable resources and reducing population growth:
"Collapse can be avoided and population can reach equilibrium if the per capita rate of depletion of nature is reduced to a sustainable level, and if resources are distributed in a reasonably equitable fashion."
The NASA-funded HANDY model offers a highly credible wake-up call to governments, corporations and business - and consumers - to recognise that 'business as usual' cannot be sustained, and that policy and structural changes are required immediately.
Although the study based on HANDY is largely theoretical - a 'thought-experiment' - a number of other more empirically-focused studies - by KPMG and the UK Government Office of Science for instance - have warned that the convergence of food, water and energy crises could create a 'perfect storm' within about fifteen years. But these 'business as usual' forecasts could be very conservative."
Dr Nafeez Ahmed is executive director of the Institute for Policy Research & Development and author of A User's Guide to the Crisis of Civilisation: And How to Save It among other books. Follow him on Twitter @nafeezahmed
- This article was amended on 26th May 2014 to reflect the nature of the study and Nasa's relationship to it more clearly.
PDF PAPER HANDYThis is truly the choice, it will be either life and death - with a dominance of a moneyed elite to the death and destruction of all that we hold dear, or our choice to love and live and thrive - all of humanity. It does not take rocket science (no pun intended on NASA), none of us, no one who is sane wants the following:
"FARAWAY FORGOTTEN LANDS WHERE EMPIRES HAVE TURNED BACK TO SAND" MOODY BLUES (BELOW), NOTE HOW THE SONG BEGINS WITH SURVEILLANCE AND DOMINANCE, WHICH IS ONLY DESTROYED BY OUR TRUE LOVE FOR EACH OTHER, FOR HUMANITY, SET UP IN A CARED FOR INVITING ENVIRONMENT (SEE SCENERY) AND PURE GALAXY/PLANETARY VISION - PRESCIENT:
THE ROMAN EMPIRE, SOMETIME IN THE VERY NEAR FUTURE (BELOW):
Live streaming video by Ustream
IN MEMORY OF MICHAEL C. RUPPERT, HIS LAST SONG (BELOW):
NO OUTSIDE RESCUE DEVICES AVAILABLE - JUST THE PEOPLE:
Posted at 06:50 pm by deadringer
This is not a subject which is unfamiliar to this blog, in fact, it is the lions share of the subject of this blog. So there is a lot of agreement with the article written by Mike Lofgren, and Mr. Moyer's (seeing Mr. Moyer's wrote about this subject previously about a "secret State"). Where we diverge is when this, as they call it "State within a State" appeared, they talk on the average of when the National Security State was established, 30 - 50 years, etc. I maintain and prove that this country was born for the express purpose of Empire, in fact, a nascent Empire which was described as such by all the "founding fathers" to the man, from early expansion to current global activity (I am not a proponent of the "across the sea" theory, that is, it is not an Empire until it crosses the seas).
Indeed, in the beginning the people were needed to conquer the land, and turn it into a productive commodity to fatten the pockets of the elite few - now we are no longer needed, the people are seen as a liability. So the author and the promoter of this essay say they are waiting with bated breath for this to turn into the State, I submit, it has always been and is now a mature form of the State. There is not some "official" lame government detached from the Deep State, the government has been and always will be the facade which covers the true State. The State has not been nor will it ever be the dog and pony show for the deception of the people that is displayed in Washington. Some believe that you have to sit officially in the middle of the State apparatus to comment about it, not really - it is everyone's duty to address and halt this process which destroys the people both foreign and domestic to enrich the few.
Rome lived upon its principal till ruin stared it in the face. Industry is the only true source of wealth, and there was no industry in Rome. By day the Ostia road was crowded with carts and muleteers, carrying to the great city the silks and spices of the East, the marble of Asia Minor, the timber of the Atlas, the grain of Africa and Egypt; and the carts brought out nothing but loads of dung. That was their return cargo.
The Martyrdom of Man by Winwood Reade (1871)
"There is the visible government situated around the Mall in Washington, and then there is another, more shadowy, more indefinable government that is not explained in Civics 101 or observable to tourists at the White House or the Capitol. The former is traditional Washington partisan politics: the tip of the iceberg that a public watching C-SPAN sees daily and which is theoretically controllable via elections. The subsurface part of the iceberg I shall call the Deep State, which operates according to its own compass heading regardless of who is formally in power. 
During the last five years, the news media has been flooded with pundits decrying the broken politics of Washington. The conventional wisdom has it that partisan gridlock and dysfunction have become the new normal. That is certainly the case, and I have been among the harshest critics of this development. But it is also imperative to acknowledge the limits of this critique as it applies to the American governmental system. On one level, the critique is self-evident: In the domain that the public can see, Congress is hopelessly deadlocked in the worst manner since the 1850s, the violently rancorous decade preceding the Civil War.
As I wrote in The Party is Over, the present objective of congressional Republicans is to render the executive branch powerless, at least until a Republican president is elected (a goal that voter suppression laws in GOP-controlled states are clearly intended to accomplish). President Obama cannot enact his domestic policies and budgets: Because of incessant GOP filibustering, not only could he not fill the large number of vacancies in the federal judiciary, he could not even get his most innocuous presidential appointees into office. Democrats controlling the Senate have responded by weakening the filibuster of nominations, but Republicans are sure to react with other parliamentary delaying tactics. This strategy amounts to congressional nullification of executive branch powers by a party that controls a majority in only one house of Congress.
Despite this apparent impotence, President Obama can liquidate American citizens without due processes, detain prisoners indefinitely without charge, conduct dragnet surveillance on the American people without judicial warrant and engage in unprecedented at least since the McCarthy er witch hunts against federal employees (the so-called “Insider Threat Program”). Within the United States, this power is characterized by massive displays of intimidating force by militarized federal, state and local law enforcement. Abroad, President Obama can start wars at will and engage in virtually any other activity whatsoever without so much as a by-your-leave from Congress, such as arranging the forced landing of a plane carrying a sovereign head of state over foreign territory. Despite the habitual cant of congressional Republicans about executive overreach by Obama, the would-be dictator, we have until recently heard very little from them about these actions with the minor exception of comments from gadfly Senator Rand Paul of Kentucky. Democrats, save a few mavericks such as Ron Wyden of Oregon, are not unduly troubled, either even to the extent of permitting seemingly perjured congressional testimony under oath by executive branch officials on the subject of illegal surveillance.
These are not isolated instances of a contradiction; they have been so pervasive that they tend to be disregarded as background noise. During the time in 2011 when political warfare over the debt ceiling was beginning to paralyze the business of governance in Washington, the United States government somehow summoned the resources to overthrow Muammar Ghaddafi’s regime in Libya, and, when the instability created by that coup spilled over into Mali, provide overt and covert assistance to French intervention there. At a time when there was heated debate about continuing meat inspections and civilian air traffic control because of the budget crisis, our government was somehow able to commit $115 million to keeping a civil war going in Syria and to pay at least £100m to the United Kingdom’s Government Communications Headquarters to buy influence over and access to that country’s intelligence. Since 2007, two bridges carrying interstate highways have collapsed due to inadequate maintenance of infrastructure, one killing 13 people. During that same period of time, the government spent $1.7 billion constructing a building in Utah that is the size of 17 football fields. This mammoth structure is intended to allow the National Security Agency to store a yottabyte of information, the largest numerical designator computer scientists have coined. A yottabyte is equal to 500 quintillion pages of text. They need that much storage to archive every single trace of your electronic life.
Yes, there is another government concealed behind the one that is visible at either end of Pennsylvania Avenue, a hybrid entity of public and private institutions ruling the country according to consistent patterns in season and out, connected to, but only intermittently controlled by, the visible state whose leaders we choose. My analysis of this phenomenon is not an exposé of a secret, conspiratorial cabal; the state within a state is hiding mostly in plain sight, and its operators mainly act in the light of day. Nor can this other government be accurately termed an “establishment.” All complex societies have an establishment, a social network committed to its own enrichment and perpetuation. In terms of its scope, financial resources and sheer global reach, the American hybrid state, the Deep State, is in a class by itself. That said, it is neither omniscient nor invincible. The institution is not so much sinister (although it has highly sinister aspects) as it is relentlessly well entrenched. Far from being invincible, its failures, such as those in Iraq, Afghanistan and Libya, are routine enough that it is only the Deep State’s protectiveness towards its higher-ranking personnel that allows them to escape the consequences of their frequent ineptitude. 
How did I come to write an analysis of the Deep State, and why am I equipped to write it? As a congressional staff member for 28 years specializing in national security and possessing a top secret security clearance, I was at least on the fringes of the world I am describing, if neither totally in it by virtue of full membership nor of it by psychological disposition. But, like virtually every employed person, I became, to some extent, assimilated into the culture of the institution I worked for, and only by slow degrees, starting before the invasion of Iraq, did I begin fundamentally to question the reasons of state that motivate the people who are, to quote George W. Bush, “the deciders.”
Cultural assimilation is partly a matter of what psychologist Irving L. Janis called “groupthink,” the chameleon-like ability of people to adopt the views of their superiors and peers. This syndrome is endemic to Washington: The town is characterized by sudden fads, be it negotiating biennial budgeting, making grand bargains or invading countries. Then, after a while, all the town’s cool kids drop those ideas as if they were radioactive. As in the military, everybody has to get on board with the mission, and questioning it is not a career-enhancing move. The universe of people who will critically examine the goings-on at the institutions they work for is always going to be a small one. As Upton Sinclair said, “It is difficult to get a man to understand something when his salary depends upon his not understanding it.”
A more elusive aspect of cultural assimilation is the sheer dead weight of the ordinariness of it all once you have planted yourself in your office chair for the 10,000th time. Government life is typically not some vignette from an Allen Drury novel about intrigue under the Capitol dome. Sitting and staring at the clock on the off-white office wall when it’s 11:00 in the evening and you are vowing never, ever to eat another piece of takeout pizza in your life is not an experience that summons the higher literary instincts of a would-be memoirist. After a while, a functionary of the state begins to hear things that, in another context, would be quite remarkable, or at least noteworthy, and yet that simply bounce off one’s consciousness like pebbles off steel plate: “You mean the number of terrorist groups we are fighting is classified?” No wonder so few people are whistle-blowers, quite apart from the vicious retaliation whistle-blowing often provokes: Unless one is blessed with imagination and a fine sense of irony, growing immune to the curiousness of one’s surroundings is easy. To paraphrase the inimitable Donald Rumsfeld, I didn’t know all that I knew, at least until I had had a couple of years away from the government to reflect upon it.
The Deep State does not consist of the entire government. It is a hybrid of national security and law enforcement agencies: the Department of Defense, the Department of State, the Department of Homeland Security, the Central Intelligence Agency and the Justice Department. I also include the Department of the Treasury because of its jurisdiction over financial flows, its enforcement of international sanctions and its organic symbiosis with Wall Street. All these agencies are coordinated by the Executive Office of the President via the National Security Council. Certain key areas of the judiciary belong to the Deep State, such as the Foreign Intelligence Surveillance Court, whose actions are mysterious even to most members of Congress. Also included are a handful of vital federal trial courts, such as the Eastern District of Virginia and the Southern District of Manhattan, where sensitive proceedings in national security cases are conducted. The final government component (and possibly last in precedence among the formal branches of government established by the Constitution) is a kind of rump Congress consisting of the congressional leadership and some (but not all) of the members of the defense and intelligence committees. The rest of Congress, normally so fractious and partisan, is mostly only intermittently aware of the Deep State and when required usually submits to a few well-chosen words from the State’s emissaries.
I saw this submissiveness on many occasions. One memorable incident was passage of the Foreign Intelligence Surveillance Amendments Act of 2008. This legislation retroactively legalized the Bush administration’s illegal and unconstitutional surveillance first revealed by The New York Times in 2005 and indemnified the telecommunications companies for their cooperation in these acts. The bill passed easily: All that was required was the invocation of the word “terrorism” and most members of Congress responded like iron filings obeying a magnet. One who responded in that fashion was Senator Barack Obama, soon to be coronated as the presidential nominee at the Democratic National Convention in Denver. He had already won the most delegates by campaigning to the left of his main opponent, Hillary Clinton, on the excesses of the global war on terror and the erosion of constitutional liberties.
As the indemnification vote showed, the Deep State does not consist only of government agencies. What is euphemistically called “private enterprise” is an integral part of its operations. In a special series in The Washington Post called “Top Secret America,” Dana Priest and William K. Arkin described the scope of the privatized Deep State and the degree to which it has metastasized after the September 11 attacks. There are now 854,000 contract personnel with top-secret clearances a number greater than that of top-secret-cleared civilian employees of the government. While they work throughout the country and the world, their heavy concentration in and around the Washington suburbs is unmistakable: Since 9/11, 33 facilities for top-secret intelligence have been built or are under construction. Combined, they occupy the floor space of almost three Pentagons about 17 million square feet. Seventy percent of the intelligence community’s budget goes to paying contracts. And the membrane between government and industry is highly permeable: The Director of National Intelligence, James R. Clapper, is a former executive of Booz Allen Hamilton, one of the government’s largest intelligence contractors. His predecessor as director, Admiral Mike McConnell, is the current vice chairman of the same company; Booz Allen is 99 percent dependent on government business. These contractors now set the political and social tone of Washington, just as they are increasingly setting the direction of the country, but they are doing it quietly, their doings unrecorded in the Congressional Record or the Federal Register, and are rarely subject to congressional hearings.
Washington is the most important node of the Deep State that has taken over America, but it is not the only one. Invisible threads of money and ambition connect the town to other nodes. One is Wall Street, which supplies the cash that keeps the political machine quiescent and operating as a diversionary marionette theater. Should the politicians forget their lines and threaten the status quo, Wall Street floods the town with cash and lawyers to help the hired hands remember their own best interests. The executives of the financial giants even have de facto criminal immunity. On March 6, 2013, testifying before the Senate Judiciary Committee, Attorney General Eric Holder stated the following: “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy.” This, from the chief law enforcement officer of a justice system that has practically abolished the constitutional right to trial for poorer defendants charged with certain crimes. It is not too much to say that Wall Street may be the ultimate owner of the Deep State and its strategies, if for no other reason than that it has the money to reward government operatives with a second career that is lucrative beyond the dreams of avarice certainly beyond the dreams of a salaried government employee. 
The corridor between Manhattan and Washington is a well trodden highway for the personalities we have all gotten to know in the period since the massive deregulation of Wall Street: Robert Rubin, Lawrence Summers, Henry Paulson, Timothy Geithner and many others. Not all the traffic involves persons connected with the purely financial operations of the government: In 2013, General David Petraeus joined KKR (formerly Kohlberg Kravis Roberts) of 9 West 57th Street, New York, a private equity firm with $62.3 billion in assets. KKR specializes in management buyouts and leveraged finance. General Petraeus’ expertise in these areas is unclear. His ability to peddle influence, however, is a known and valued commodity. Unlike Cincinnatus, the military commanders of the Deep State do not take up the plow once they lay down the sword. Petraeus also obtained a sinecure as a non-resident senior fellow at the Belfer Center for Science and International Affairs at Harvard. The Ivy League is, of course, the preferred bleaching tub and charm school of the American oligarchy. 
Petraeus and most of the avatars of the Deep State the White House advisers who urged Obama not to impose compensation limits on Wall Street CEOs, the contractor-connected think tank experts who besought us to “stay the course” in Iraq, the economic gurus who perpetually demonstrate that globalization and deregulation are a blessing that makes us all better off in the long run are careful to pretend that they have no ideology. Their preferred pose is that of the politically neutral technocrat offering well considered advice based on profound expertise. That is nonsense. They are deeply dyed in the hue of the official ideology of the governing class, an ideology that is neither specifically Democrat nor Republican. Domestically, whatever they might privately believe about essentially diversionary social issues such as abortion or gay marriage, they almost invariably believe in the “Washington Consensus”: financialization, outsourcing, privatization, deregulation and the commodifying of labor. Internationally, they espouse 21st-century “American Exceptionalism”: the right and duty of the United States to meddle in every region of the world with coercive diplomacy and boots on the ground and to ignore painfully won international norms of civilized behavior. To paraphrase what Sir John Harrington said more than 400 years ago about treason, now that the ideology of the Deep State has prospered, none dare call it ideology.  That is why describing torture with the word “torture” on broadcast television is treated less as political heresy than as an inexcusable lapse of Washington etiquette: Like smoking a cigarette on camera, these days it is simply “not done.”
After Edward Snowden’s revelations about the extent and depth of surveillance by the National Security Agency, it has become publicly evident that Silicon Valley is a vital node of the Deep State as well. Unlike military and intelligence contractors, Silicon Valley overwhelmingly sells to the private market, but its business is so important to the government that a strange relationship has emerged. While the government could simply dragoon the high technology companies to do the NSA’s bidding, it would prefer cooperation with so important an engine of the nation’s economy, perhaps with an implied quid pro quo. Perhaps this explains the extraordinary indulgence the government shows the Valley in intellectual property matters. If an American “jailbreaks” his smartphone (i.e., modifies it so that it can use a service provider other than the one dictated by the manufacturer), he could receive a fine of up to $500,000 and several years in prison; so much for a citizen’s vaunted property rights to what he purchases. The libertarian pose of the Silicon Valley moguls, so carefully cultivated in their public relations, has always been a sham. Silicon Valley has long been tracking for commercial purposes the activities of every person who uses an electronic device, so it is hardly surprising that the Deep State should emulate the Valley and do the same for its own purposes. Nor is it surprising that it should conscript the Valley’s assistance.
Still, despite the essential roles of lower Manhattan and Silicon Valley, the center of gravity of the Deep State is firmly situated in and around the Beltway. The Deep State’s physical expansion and consolidation around the Beltway would seem to make a mockery of the frequent pronouncement that governance in Washington is dysfunctional and broken. That the secret and unaccountable Deep State floats freely above the gridlock between both ends of Pennsylvania Avenue is the paradox of American government in the 21st century: drone strikes, data mining, secret prisons and Panopticon-like control on the one hand; and on the other, the ordinary, visible parliamentary institutions of self-government declining to the status of a banana republic amid the gradual collapse of public infrastructure.
The results of this contradiction are not abstract, as a tour of the rotting, decaying, bankrupt cities of the American Midwest will attest. It is not even confined to those parts of the country left behind by a Washington Consensus that decreed the financialization and deindustrialization of the economy in the interests of efficiency and shareholder value. This paradox is evident even within the Beltway itself, the richest metropolitan area in the nation. Although demographers and urban researchers invariably count Washington as a “world city,” that is not always evident to those who live there. Virtually every time there is a severe summer thunderstorm, tens or even hundreds of thousands of residents lose power, often for many days. There are occasional water restrictions over wide areas because water mains, poorly constructed and inadequately maintained, have burst.  The Washington metropolitan area considers it a Herculean task just to build a rail link to its international airport with luck it may be completed by 2018.
It is as if Hadrian’s Wall was still fully manned and the fortifications along the border with Germania were never stronger, even as the city of Rome disintegrates from within and the life-sustaining aqueducts leading down from the hills begin to crumble. The governing classes of the Deep State may continue to deceive themselves with their dreams of Zeus-like omnipotence, but others do not. A 2013 Pew Poll that interviewed 38,000 people around the world found that in 23 of 39 countries surveyed, a plurality of respondents said they believed China already had or would in the future replace the United States as the world’s top economic power.
The Deep State is the big story of our time. It is the red thread that runs through the war on terrorism, the financialization and deindustrialization of the American economy, the rise of a plutocratic social structure and political dysfunction. Washington is the headquarters of the Deep State, and its time in the sun as a rival to Rome, Constantinople or London may be term-limited by its overweening sense of self-importance and its habit, as Winwood Reade said of Rome, to “live upon its principal till ruin stared it in the face.” “Living upon its principal,” in this case, means that the Deep State has been extracting value from the American people in vampire-like fashion.
We are faced with two disagreeable implications. First, that the Deep State is so heavily entrenched, so well protected by surveillance, firepower, money and its ability to co-opt resistance that it is almost impervious to change. Second, that just as in so many previous empires, the Deep State is populated with those whose instinctive reaction to the failure of their policies is to double down on those very policies in the future. Iraq was a failure briefly camouflaged by the wholly propagandistic success of the so-called surge; this legerdemain allowed for the surge in Afghanistan, which equally came to naught. Undeterred by that failure, the functionaries of the Deep State plunged into Libya; the smoking rubble of the Benghazi consulate, rather than discouraging further misadventure, seemed merely to incite the itch to bomb Syria. Will the Deep State ride on the back of the American people from failure to failure until the country itself, despite its huge reserves of human and material capital, is slowly exhausted? The dusty road of empire is strewn with the bones of former great powers that exhausted themselves in like manner.
But, there are signs of resistance to the Deep State and its demands. In the aftermath of the Snowden revelations, the House narrowly failed to pass an amendment that would have defunded the NSA’s warrantless collection of data from US persons. Shortly thereafter, the president, advocating yet another military intervention in the Middle East, this time in Syria, met with such overwhelming congressional skepticism that he changed the subject by grasping at a diplomatic lifeline thrown to him by Vladimir Putin. 
Has the visible, constitutional state, the one envisaged by Madison and the other Founders, finally begun to reassert itself against the claims and usurpations of the Deep State? To some extent, perhaps. The unfolding revelations of the scope of the NSA’s warrantless surveillance have become so egregious that even institutional apologists such as Senator Dianne Feinstein have begun to backpedal if only rhetorically from their knee-jerk defense of the agency. As more people begin to waken from the fearful and suggestible state that 9/11 created in their minds, it is possible that the Deep State’s decade-old tactic of crying “terrorism!” every time it faces resistance is no longer eliciting the same Pavlovian response of meek obedience. And the American people, possibly even their legislators, are growing tired of endless quagmires in the Middle East.
But there is another more structural reason the Deep State may have peaked in the extent of its dominance. While it seems to float above the constitutional state, its essentially parasitic, extractive nature means that it is still tethered to the formal proceedings of governance. The Deep State thrives when there is tolerable functionality in the day-to-day operations of the federal government. As long as appropriations bills get passed on time, promotion lists get confirmed, black (i.e., secret) budgets get rubber-stamped, special tax subsidies for certain corporations are approved without controversy, as long as too many awkward questions are not asked, the gears of the hybrid state will mesh noiselessly. But when one house of Congress is taken over by tea party Wahhabites, life for the ruling class becomes more trying.
If there is anything the Deep State requires it is silent, uninterrupted cash flow and the confidence that things will go on as they have in the past. It is even willing to tolerate a degree of gridlock: Partisan mud wrestling over cultural issues may be a useful distraction from its agenda. But recent congressional antics involving sequestration, the government shutdown and the threat of default over the debt ceiling extension have been disrupting that equilibrium. And an extreme gridlock dynamic has developed between the two parties such that continuing some level of sequestration is politically the least bad option for both parties, albeit for different reasons. As much as many Republicans might want to give budget relief to the organs of national security, they cannot fully reverse sequestration without the Democrats demanding revenue increases. And Democrats wanting to spend more on domestic discretionary programs cannot void sequestration on either domestic or defense programs without Republicans insisting on entitlement cuts.
So, for the foreseeable future, the Deep State must restrain its appetite for taxpayer dollars. Limited deals may soften sequestration, but agency requests will not likely be fully funded anytime soon. Even Wall Street’s rentier operations have been affected: After helping finance the tea party to advance its own plutocratic ambitions, America’s Big Money is now regretting the Frankenstein’s monster it has created. Like children playing with dynamite, the tea party and its compulsion to drive the nation into credit default has alarmed the grown-ups commanding the heights of capital; the latter are now telling the politicians they thought they had hired to knock it off.
The House vote to defund the NSA’s illegal surveillance programs was equally illustrative of the disruptive nature of the tea party insurgency. Civil liberties Democrats alone would never have come so close to victory; tea party stalwart Justin Amash (R-MI), who has also upset the business community for his debt-limit fundamentalism, was the lead Republican sponsor of the NSA amendment, and most of the Republicans who voted with him were aligned with the tea party.
The final factor is Silicon Valley. Owing to secrecy and obfuscation, it is hard to know how much of the NSA’s relationship with the Valley is based on voluntary cooperation, how much is legal compulsion through FISA warrants and how much is a matter of the NSA surreptitiously breaking into technology companies’ systems. Given the Valley’s public relations requirement to mollify its customers who have privacy concerns, it is difficult to take the tech firms’ libertarian protestations about government compromise of their systems at face value, especially since they engage in similar activity against their own customers for commercial purposes. That said, evidence is accumulating that Silicon Valley is losing billions in overseas business from companies, individuals and governments that want to maintain privacy. For high tech entrepreneurs, the cash nexus is ultimately more compelling than the Deep State’s demand for patriotic cooperation. Even legal compulsion can be combatted: Unlike the individual citizen, tech firms have deep pockets and batteries of lawyers with which to fight government diktat.
This pushback has gone so far that on January 17, President Obama announced revisions to the NSA’s data collection programs, including withdrawing the agency’s custody of a domestic telephone record database, expanding requirements for judicial warrants and ceasing to spy on (undefined) “friendly foreign leaders.” Critics have denounced the changes as a cosmetic public relations move, but they are still significant in that the clamor has gotten so loud that the president feels the political need to address it.
When the contradictions within a ruling ideology are pushed too far, factionalism appears and that ideology begins slowly to crumble. Corporate oligarchs such as the Koch brothers are no longer entirely happy with the faux-populist political front group they helped fund and groom. Silicon Valley, for all the Ayn Rand-like tendencies of its major players, its offshoring strategies and its further exacerbation of income inequality, is now lobbying Congress to restrain the NSA, a core component of the Deep State. Some tech firms are moving to encrypt their data. High tech corporations and governments alike seek dominance over people though collection of personal data, but the corporations are jumping ship now that adverse public reaction to the NSA scandals threatens their profits.
The outcome of all these developments is uncertain. The Deep State, based on the twin pillars of national security imperative and corporate hegemony, has until recently seemed unshakable and the latest events may only be a temporary perturbation in its trajectory. But history has a way of toppling the altars of the mighty. While the two great materialist and determinist ideologies of the twentieth century, Marxism and the Washington Consensus, successively decreed that the dictatorship of the proletariat and the dictatorship of the market were inevitable, the future is actually indeterminate. It may be that deep economic and social currents create the framework of history, but those currents can be channeled, eddied, or even reversed by circumstance, chance and human agency. We have only to reflect upon defunct glacial despotisms such as the USSR or East Germany to realize that nothing is forever.
Throughout history, state systems with outsized pretensions to power have reacted to their environments in two ways. The first strategy, reflecting the ossification of its ruling elites, consists of repeating that nothing is wrong, that the status quo reflects the nation’s unique good fortune in being favored by God and that those calling for change are merely subversive troublemakers. As the French ancien régime, the Romanov dynasty and the Habsburg emperors discovered, the strategy works splendidly for a while, particularly if one has a talent for dismissing unpleasant facts. The final results, however, are likely to be thoroughly disappointing.
The second strategy is one embraced to varying degrees and with differing goals, by figures of such contrasting personalities as Mustafa Kemal Atatürk, Franklin D. Roosevelt, Charles de Gaulle and Deng Xiaoping. They were certainly not revolutionaries by temperament; if anything, their natures were conservative. But they understood that the political cultures in which they lived were fossilized and incapable of adapting to the times. In their drive to reform and modernize the political systems they inherited, their first obstacles to overcome were the outworn myths that encrusted the thinking of the elites of their time.
As the United States confronts its future after experiencing two failed wars, a precarious economy and $17 trillion in accumulated debt, the national punditry has split into two camps. The first, the declinists, sees a broken, dysfunctional political system incapable of reform and an economy soon to be overtaken by China. The second, the reformers, offers a profusion of nostrums to turn the nation around: public financing of elections to sever the artery of money between the corporate components of the Deep State and financially dependent elected officials, government “insourcing” to reverse the tide of outsourcing of government functions and the conflicts of interest that it creates, a tax policy that values human labor over financial manipulation and a trade policy that favors exporting manufactured goods over exporting investment capital.
All of that is necessary, but not sufficient. The Snowden revelations (the impact of which have been surprisingly strong), the derailed drive for military intervention in Syria and a fractious Congress, whose dysfunction has begun to be a serious inconvenience to the Deep State, show that there is now a deep but as yet inchoate hunger for change. What America lacks is a figure with the serene self-confidence to tell us that the twin idols of national security and corporate power are outworn dogmas that have nothing more to offer us. Thus disenthralled, the people themselves will unravel the Deep State with surprising speed."
ORIGINAL ARTICLE - MOYER'S AND CO. - ANATOMY OF THE DEEP STATE
PSYCHOLOGICAL ANALYSIS OF THE DEEP STATE AND THE PEOPLES RESISTANCE
Def: Deep State is how you run empire to enrich the few, it is not a government of, for, and by the people - opposite of Constitutional gov.
NOVENA OPEN SOURCE LAPTOP - PLEASE SUPPORT
"[Deep State] I use the term to mean a hybrid association of elements of government and parts of top-level finance and industry that is effectively able to govern the United States without reference to the consent of the governed as expressed through the formal political process." I call this the State, whether others recognize it as such or not, presently functioning.
Posted at 11:03 am by deadringer
JACOB APPELBAUM - LIBREPLANET 2014 - FREE SOFTWARE FOR FREEDOM AND YOU
Posted at 01:56 pm by deadringer
FORETELLING THE FUTURE - THEIR PAST OUR FUTURE
What direction are we going in as a country, I think that we can ascertain where we are going by what has happened in the past. It has been said before by the American indigenous population - "you are the next Indian," and by all counts this is what is transpiring. Everything in coming full circle, and a country established on the blood and genocide of the indigenous population is now taking full effect.
So we need to listen carefully someone older then America, this can be found in the words of John Trudell. The idea of a past and a future currently between us as peoples is a bit of a misnomer, because now we experience the same simultaneously - together. The same machine that has devoured the innocent in the past, which sparingly shared the scraps with the people who were their henchmen, their dupes, are now joining the ranks of the victims. Unless we wake up, and we have to wake up together, unless we all want to be a mere chimera of the past. You see, the delusion is that you think you are part of something that you are told belongs to you, but it does not - its a lie. So you watch what you call your "rights" disintegrate right before your eyes, and when real push comes to shove you really own nothing. You have these pieces of paper, just like treaties that have been broken whenever and however, some moneyed elite thinks it needs to be for their own enrichment. So you have bought yourself a ticket for what you thought was a luxury filled cruise, on the Titanic. "The government has gone and changed their talking points. They have changed their verbiage away from public interest to national interest," he said, adding that this poses the risk of losing control of representative democracy."
Posted at 11:49 am by deadringer
Eventually everything that is used in the foreign arena for the purposes of "war" (various definitions), will eventually come home - I have been saying that since 2005. That is because the "wars" have nothing to do with right and wrong, good or evil, they have to do with maintaining and expanding current property relations of the moneyed few. So by a twist of definition and application, we are next:
Posted at 08:03 pm by deadringer
SNOWDEN INTERVIEW (ENGLISH)
30 Minutes of the Snowden Interview below:
Posted at 09:27 pm by deadringer
500 YEARS OF HISTORY SHOWS THAT MASS SPYING IS ALWAYS AIMED AT CRUSHING DISSENT
The reason I chose to replicate this article is because it is good historical shorthand. Keep in mind that the surveillance we are talking about is the symptom, that is, it points to a reason for it having grown over the years to its present massive state - the people are being divested of their life and along with that goes their liberty (that is why "life and liberty" are a phrase in our historical documents).
Poverty rides a pale horse at full speed in our country as the moneyed elite few are becoming richer then their wildest dreams. Unemployment is at an all time high, while bailouts proliferate for the rich, and the corporations are now the new we the people. Our environment is being raped daily and deeply, we have the highest prison population of all the so-called "developed" nations. Wars are engaged in all over the globe to enrich the few (financiers mostly), and to make a long story short people have had enough, and they are going to rise up in mass to stop these atrocities.
Our rising up is almost inevitable, and those who do not want property relations to change are worried, that is because they have no intention of stopping, but are reaching to make it worse! Our offices federal, all three branches do not represent us, they cater to the moneyed elite, so there is no effective redress - the people will inevitably take to the streets. That is the reason for the surveillance, it is the whole mass of abuse on the people that shows no sight of ending - look at TPP, they want to make it worse! Abuses and imprisonments of whistle blowers and journalists. So it is good to get a historical view of what surveillance is used for, resistance is going to approach legion soon, and the powers that be want to stop it by any means necessary. Please read the article below.
It's Never to Protect Us From Bad Guys
No matter which government conducts mass surveillance, they also do it to crush dissent, and then give a false rationale for why they're doing it.
For example, the U.S. Supreme Court noted in Stanford v. Texas (1965):
While the Fourth Amendment [of the U.S. Constitution] was most immediately the product of contemporary revulsion against a regime of writs of assistance, its roots go far deeper. Its adoption in the Constitution of this new Nation reflected the culmination in England a few years earlier of a struggle against oppression which had endured for centuries. The story of that struggle has been fully chronicled in the pages of this Court’s reports, and it would be a needless exercise in pedantry to review again the detailed history of the use of general warrants as instruments of oppression from the time of the Tudors, through the Star Chamber, the Long Parliament, the Restoration, and beyond.
What is significant to note is that this history is largely a history of conflict between the Crown and the press. It was in enforcing the laws licensing the publication of literature and, later, in prosecutions for seditious libel, that general warrants were systematically used in the sixteenth, seventeenth, and eighteenth centuries. In Tudor England, officers of the Crown were given roving commissions to search where they pleased in order to suppress and destroy the literature of dissent, both Catholic and Puritan. In later years, warrants were sometimes more specific in content, but they typically authorized of all persons connected of the premises of all persons connected with the publication of a particular libel, or the arrest and seizure of all the papers of a named person thought to be connected with a libel.
By “libel”, the court is referring to a critique of the British government which the King or his ministers didn’t like … they would label such criticism “libel” and then seize all of the author’s papers.
The Supreme Court provided interesting historical details in the case of Marcus v. Search Warrant(1961):
The use by government of the power of search and seizure as an adjunct to a system for the suppression of objectionable publications … was a principal instrument for the enforcement of the Tudor licensing system. The Stationers’ Company was incorporated in 1557 to help implement that system, and was empowered
“to make search whenever it shall please them in any place, shop, house, chamber, or building or any printer, binder or bookseller whatever within our kingdom of England or the dominions of the same of or for any books or things printed, or to be printed, and to seize, take hold, burn, or turn to the proper use of the aforesaid community, all and several those books and things which are or shall be printed contrary to the form of any statute, act, or proclamation, made or to be made. . . .
An order of counsel confirmed and expanded the Company’s power in 1566, and the Star Chamber reaffirmed it in 1586 by a decree
“That it shall be lawful for the wardens of the said Company for the time being or any two of the said Company thereto deputed by the said wardens, to make search in all workhouses, shops, warehouses of printers, booksellers, bookbinders, or where they shall have reasonable cause of suspicion, and all books [etc.] . . . contrary to . . . these present ordinances to stay and take to her Majesty’s use. . . . ”
Books thus seized were taken to Stationers’ Hall where they were inspected by ecclesiastical officers, who decided whether they should be burnt. These powers were exercised under the Tudor censorship to suppress both Catholic and Puritan dissenting literature.
Each succeeding regime during turbulent Seventeenth Century England used the search and seizure power to suppress publications. James I commissioned the ecclesiastical judges comprising the Court of High Commission
“to enquire and search for . . . all heretical, schismatical and seditious books, libels, and writings, and all other books, pamphlets and portraitures offensive to the state or set forth without sufficient and lawful authority in that behalf, . . . and the same books [etc.] and their printing presses themselves likewise to seize and so to order and dispose of them . . . as they may not after serve or be employed for any such unlawful use. . . .”
The Star Chamber decree of 1637, reenacting the requirement that all books be licensed, continued the broad powers of the Stationers’ Company to enforce the licensing laws. During the political overturn of the 1640′s, Parliament on several occasions asserted the necessity of a broad search and seizure power to control printing. Thus, an order of 1648 gave power to the searchers
“to search in any house or place where there is just cause of suspicion that Presses are kept and employed in the printing of Scandalous and lying Pamphlets, . . . [and] to seize such scandalous and lying pamphlets as they find upon search. . . .”
The Restoration brought a new licensing act in 1662. Under its authority, “messengers of the press” operated under the secretaries of state, who issued executive warrants for the seizure of persons and papers. These warrants, while sometimes specific in content, often gave the most general discretionary authority. For example, a warrant to Roger L’Estrange, the Surveyor of the Press, empowered him to “seize all seditious books and libels and to apprehend the authors, contrivers, printers, publishers, and dispersers of them,” and to
“search any house, shop, printing room, chamber, warehouse, etc. for seditious, scandalous or unlicensed pictures, books, or papers, to bring away or deface the same, and the letter press, taking away all the copies. . . .]”
Although increasingly attacked, the licensing system was continued in effect for a time even after the Revolution of 1688, and executive warrants continued to issue for the search for and seizure of offending books. The Stationers’ Company was also ordered
“to make often and diligent searches in all such places you or any of you shall know or have any probable reason to suspect, and to seize all unlicensed, scandalous books and pamphlets. . . .”
And even when the device of prosecution for seditious libel replaced licensing as the principal governmental control of the press, it too was enforced with the aid of general warrants authorizing either the arrest of all persons connected with the publication of a particular libel and the search of their premises or the seizure of all the papers of a named person alleged to be connected with the publication of a libel.
And see this.
General warrants were largely declared illegal in Britain in 1765. But the British continued to use general warrants in the American colonies. In fact, the Revolutionary War was largely launched to stop the use of general warrants in the colonies. King George gave various excuses of why general warrants were needed for the public good, of course … but such excuses were all hollow.
The New York Review of Books notes that the American government did not start to conduct mass surveillance against the American people until long after the Revolutionary War ended … but once started, the purpose was to crush dissent:
In the United States, political spying by the federal government began in the early part of the twentieth century, with the creation of the Bureau of Investigation in the Department of Justice on July 1, 1908. In more than one sense, the new agency was a descendant of the surveillance practices developed in France a century earlier, since it was initiated by US Attorney General Charles Joseph Bonaparte, a great nephew of Napoleon Bonaparte, who created it during a Congressional recess. Its establishment was denounced by Congressman Walter Smith of Iowa, who argued that “No general system of spying upon and espionage of the people, such as has prevailed in Russia, in France under the Empire, and at one time in Ireland, should be allowed to grow up.”
Nonetheless, the new Bureau became deeply engaged in political surveillance during World War I when federal authorities sought to gather information on those opposing American entry into the war and those opposing the draft. As a result of this surveillance, many hundreds of people were prosecuted under the 1917 Espionage Act and the 1918 Sedition Act for the peaceful expression of opinion about the war and the draft.
But it was during the Vietnam War that political surveillance in the United States reached its peak. Under Presidents Lyndon Johnson and, to an even greater extent, Richard Nixon, there was a systematic effort by various agencies, including the United States Army, to gather information on those involved in anti-war protests. Millions of Americans took part in such protests and the federal government "as well as many state and local agencies" gathered enormous amounts of information on them. Here are just three of the numerous examples of political surveillance in that era:
- In the 1960s in Rochester, New York, the local police department launched Operation SAFE (Scout Awareness for Emergency). It involved twenty thousand boy scouts living in the vicinity of Rochester. They got identification cards marked with their thumb prints. On the cards were the telephone numbers of the local police and the FBI. The scouts participating in the program were given a list of suspicious activities that they were to report.
- In 1969, the FBI learned that one of the sponsors of an anti-war demonstration in Washington, DC, was a New York City-based organization, the Fifth Avenue Peace Parade Committee, that chartered buses to take protesters to the event. The FBI visited the bank where the organization maintained its account to get photocopies of the checks written to reserve places on the buses and, thereby, to identify participants in the demonstration. One of the other federal agencies given the information by the FBI was the Internal Revenue Service.
The National Security Agency was involved in the domestic political surveillance of that era as well. Decades before the Internet, under the direction of President Nixon, the NSA made arrangements with the major communications firms of the time such as RCA Global and Western Union to obtain copies of telegrams. When the matter came before the courts, the Nixon Administration argued that the president had inherent authority to protect the country against subversion. In a unanimous decision in 1972, however, the US Supreme Court rejected the claim that the president had the authority to disregard the requirement of the Fourth Amendment for a judicial warrant.
Much of the political surveillance of the 1960s and the 1970s and of the period going back to World War I consisted in efforts to identify organizations that were critical of government policies, or that were proponents of various causes the government didn’t like, and to gather information on their adherents. It was not always clear how this information was used. As best it is possible to establish, the main use was to block some of those who were identified with certain causes from obtaining public employment or some kinds of private employment. Those who were victimized in this way rarely discovered the reason they had been excluded.
Efforts to protect civil liberties during that era eventually led to the destruction of many of these records, sometimes after those whose activities were monitored were given an opportunity to examine them. In many cases, this prevented surveillance records from being used to harm those who were spied on. Yet great vigilance by organizations such as the ACLU and the Center for Constitutional Rights, which brought a large number of court cases challenging political surveillance, was required to safeguard rights. The collection of data concerning the activities of US citizens did not take place for benign purposes.
Between 1956 and 1971, the FBI operated a program known as COINTELPRO, for Counter Intelligence Program. Its purpose was to interfere with the activities of the organizations and individuals who were its targets or, in the words of long-time FBI Director J. Edgar Hoover, to “expose, disrupt, misdirect, discredit or otherwise neutralize” them. The first target was the Communist Party of the United States, but subsequent targets ranged from the Reverend Martin Luther King, Jr. and his Southern Christian Leadership Conference to organizations espousing women’s rights to right wing organizations such as the National States Rights Party.
A well-known example of COINTELPRO was the FBI’s planting in 1964 of false documents about William Albertson, a long-time Communist Party official, that persuaded the Communist Party that Albertson was an FBI informant. Amid major publicity, Albertson was expelled from the party, lost all his friends, and was fired from his job. Until his death in an automobile accident in 1972, he tried to prove that he was not a snitch, but the case was not resolved until 1989, when the FBI agreed to payAlbertson’s widow $170,000 to settle her lawsuit against the government.
COINTELPRO was eventually halted by J. Edgar Hoover after activists broke into a small FBI office in Media, Pennsylvania, in 1971, and released stolen documents about the program to the press. The lesson of COINTELPRO is that any government agency that is able to gather information through political surveillance will be tempted to use that information. After a time, the passive accumulation of data may seem insufficient and it may be used aggressively. This may take place long after the information is initially collected and may involve officials who had nothing to do with the original decision to engage in surveillance.
Indeed, during the Vietnam war, the NSA spied on Senator Frank Church because of his criticism of the Vietnam War. The NSA also spied on Senator Howard Baker.
Senator Church, the head of a congressional committee investigating Cointelpro warned in 1975:
[NSA's] capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. [If a dictator ever took over, the N.S.A.] could enable it to impose total tyranny, and there would be no way to fight back.
This is, in fact, what’s happened …
Initially, American constitutional law experts say that the NSA is doing exactly the same thing to the American people today which King George did to the Colonists … using “general warrant” type spying.
And it is clear that the government is using its massive spy programs in order to track those who question government policies. See this, this, this and this.
Todd Gitlin chair of the PhD program in communications at Columbia University, and a professor of journalism and sociology - notes:
Under the Freedom of Information Act, the Partnership for Civil Justice Fund (PCJF) has unearthed documents showing that, in 2011 and 2012, the Department of Homeland Security (DHS) and other federal agencies were busy surveilling and worrying about a good number of Occupy groups during the very time that they were missing actual warnings about actual terrorist actions.
From its beginnings, the Occupy movement was of considerable interest to the DHS, the FBI, and other law enforcement and intelligence agencies, while true terrorists were slipping past the nets they cast in the wrong places. In the fall of 2011, the DHS specifically asked its regional affiliates to report on “Peaceful Activist Demonstrations, in addition to reporting on domestic terrorist acts and ‘significant criminal activity.’”
Aware that Occupy was overwhelmingly peaceful, the federally funded Boston Regional Intelligence Center (BRIC), one of 77 coordination centers known generically as “fusion centers,” was busy monitoring Occupy Boston daily. As the investigative journalist Michael Isikoff recently reported, they were not only tracking Occupy-related Facebook pages and websites but “writing reports on the movement’s potential impact on ‘commercial and financial sector assets.’”
It was in this period that the FBI received the second of two Russian police warnings about the extremist Islamist activities of Tamerlan Tsarnaev, the future Boston Marathon bomber. That city’s police commissioner later testified that the federal authorities did not pass any information at all about the Tsarnaev brothers on to him, though there’s no point in letting the Boston police off the hook either. The ACLU has uncovered documents showing that, during the same period, they were paying close attention to the internal workings of…Code Pink and Veterans for Peace.
In Alaska, Alabama, Florida, Mississippi, Tennessee, and Wisconsin, intelligence was not only pooled among public law enforcement agencies, but shared with private corporations and vice versa.
Nationally, in 2011, the FBI and DHS were, in the words of Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, “treating protests against the corporate and banking structure of America as potential criminal and terrorist activity.” Last December using FOIA, PCJF obtained 112 pages of documents (heavily redacted) revealing a good deal of evidence for what might otherwise seem like an outlandish charge: that federal authorities were, in Verheyden-Hilliard’s words, “functioning as a de facto intelligence arm of Wall Street and Corporate America.” Consider these examples from PCJF’s summary of federal agencies working directly not only with local authorities but on behalf of the private sector:
• “As early as August 19, 2011, the FBI in New York was meeting with the New York Stock Exchange to discuss the Occupy Wall Street protests that wouldn’t start for another month. By September, prior to the start of the OWS, the FBI was notifying businesses that they might be the focus of an OWS protest.”
“The FBI in Albany and the Syracuse Joint Terrorism Task Force disseminated information to…  campus police officials… A representative of the State University of New York at Oswego contacted the FBI for information on the OWS protests and reported to the FBI on the SUNY-Oswego Occupy encampment made up of students and professors.”
• An entity called the Domestic Security Alliance Council (DSAC), “a strategic partnership between the FBI, the Department of Homeland Security, and the private sector,” sent around information regarding Occupy protests at West Coast ports [on Nov. 2, 2011] to “raise awareness concerning this type of criminal activity.” The DSAC report contained “a ‘handling notice’ that the information is ‘meant for use primarily within the corporate security community. Such messages shall not be released in either written or oral form to the media, the general public or other personnel…’ Naval Criminal Investigative Services (NCIS) reported to DSAC on the relationship between OWS and organized labor.”
• DSAC gave tips to its corporate clients on “civil unrest,” which it defined as running the gamut from “small, organized rallies to large-scale demonstrations and rioting.” ***
• The FBI in Anchorage, Jacksonville, Tampa, Richmond, Memphis, Milwaukee, and Birmingham also gathered information and briefed local officials on wholly peaceful Occupy activities.
• In Jackson, Mississippi, FBI agents “attended a meeting with the Bank Security Group in Biloxi, MS with multiple private banks and the Biloxi Police Department, in which they discussed an announced protest for ‘National Bad Bank Sit-In-Day’ on December 7, 2011.” Also in Jackson, “the Joint Terrorism Task Force issued a ‘Counterterrorism Preparedness’ alert” that, despite heavy redactions, notes the need to ‘document…the Occupy Wall Street Movement.’”
In 2010, the American Civil Liberties Union of Tennessee learned … that the Tennessee Fusion Center was “highlighting on its website map of ‘Terrorism Events and Other Suspicious Activity’ a recent ACLU-TN letter to school superintendents. The letter encourages schools to be supportive of all religious beliefs during the holiday season.”
Consider an “intelligence report” from the North Central Texas fusion center, which in a 2009 “Prevention Awareness Bulletin” described, in the ACLU’s words, “a purportedconspiracy between Muslim civil rights organizations, lobbying groups, the anti-war movement, a former U.S. Congresswoman, the U.S. Treasury Department, and hip hop bands to spread tolerance in the United States, which would ‘provide an environment for terrorist organizations to flourish.’”
And those Virginia and Texas fusion centers were hardly alone in expanding the definition of “terrorist” to fit just about anyone who might oppose government policies. According to a 2010 report in the Los Angeles Times, the Justice Department Inspector General found that “FBI agents improperly opened investigations into Greenpeace and several other domestic advocacy groups after the Sept. 11 terrorist attacks in 2001, and put the names of some of their members on terrorist watch lists based on evidence that turned out to be ‘factually weak.’” The Inspector General called “troubling” what the Los Angeles Times described as “singling out some of the domestic groups for investigations that lasted up to five years, and were extended ‘without adequate basis.’
Subsequently, the FBI continued to maintain investigative files on groups like Greenpeace, the Catholic Worker, and the Thomas Merton Center in Pittsburgh, cases where (in the politely put words of the Inspector General’s report) “there was little indication of any possible federal crimes… In some cases, the FBI classified some investigations relating to nonviolent civil disobedience under its ‘acts of terrorism’ classification.”
In Pittsburgh, on the day after Thanksgiving 2002 (“a slow work day” in the Justice Department Inspector General’s estimation), a rookie FBI agent was outfitted with a camera, sent to an antiwar rally, and told to look for terrorism suspects. The “possibility that any useful information would result from this make-work assignment was remote,” the report added drily.
“The agent was unable to identify any terrorism subjects at the event, but he photographed a woman in order to have something to show his supervisor. He told us he had spoken to a woman leafletter at the rally who appeared to be of Middle Eastern descent, and that she was probably the person he photographed.”
The sequel was not quite so droll. The Inspector General found that FBI officials, including their chief lawyer in Pittsburgh, manufactured postdated “routing slips” and the rest of a phony paper trail to justify this surveillance retroactively.
Moreover, at least one fusion center has involved military intelligence in civilian law enforcement. In 2009, a military operative from Fort Lewis, Washington, worked undercover collecting information on peace groups in the Northwest. In fact, he helped run the Port Militarization Resistance group’s Listserv. Once uncovered, he told activists there were others doing similar work in the Army. How much the military spies on American citizens is unknown and, at the moment at least, unknowable.
Do we hear an echo from the abyss of the counterintelligence programs of the 1960s and 1970s, when FBI memos I have some in my own heavily redacted files obtained through an FOIA request were routinely copied to military intelligence units? Then, too, military intelligence operatives spied on activists who violated no laws, were not suspected of violating laws, and had they violated laws, would not have been under military jurisdiction in any case. During those years, more than 1,500 Army intelligence agents in plain clothes were spying, undercover, on domestic political groups (according to Military Surveillance of Civilian Politics, 1967-70, an unpublished dissertation by former Army intelligence captain Christopher H. Pyle). They posed as students, sometimes growing long hair and beards for the purpose, or as reporters and camera crews. They recorded speeches and conversations on concealed tape recorders. The Army lied about their purposes, claiming they were interested solely in “civil disturbance planning.”
Yes, we hear echoes to the Cointelpro program of the 60s and 70s … as well as King George’s General Warrants to the Colonies … and the Star Chamber of 15th century England.
Because whatever governments may say mass surveillance is always used to crush dissent.
1. Spying is also aimed at keeping politicians in check.
2. The East German Stasi obviously used mass surveillance to crush dissent and keep it’s officials in check … and falsely claimed that spying was necessary to protect people against vague threats. But poking holes in the excuses of a communist tyranny is too easy. The focus of this essay is to show that the British and American governments have used this same cynical ruse for over 500 years.
3. For ease of reading, we deleted the footnotes from the two Supreme Court opinions.
ORIGINAL ARTICLE - GLOBALRESEARCHBelow you will find the Federal prosecutors manual (PDF) for the prosecution of "cyber crime." Look at it carefully, whereas there is little to no evidence for the stopping of terrorism by indiscriminate surveillance, there is plenty of criminalization using various hybrid applications of the CFAA with other draconian laws. There is a melding together of case law which takes drug laws that have exponentially risen the prison population since the 1980's applied to "cyber crime" - meaning that the same imprisonment trajectory is being used in the digital realm. It is COINTELPRO digital style -
Posted at 09:54 pm by deadringer