Daily Archives: May 20, 2017

What is NATO, and why is it important? | Fox News – Fox News

Posted: May 20, 2017 at 6:32 am

What does NATO stand for?

NATO is an acronym for the North Atlantic Treaty Organization, a military alliance established in 1949.

Twelve founding members signed the North Atlantic Treaty at the time: Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.

NATO was launched as "part of a broader effort to serve three purposes: deterring Soviet expansionism, forbidding the revival of nationalist militarism in Europe through a strong North American presence on the continent, and encouraging European political integration," its website says.

What is NATO's goal?

The alliance says its "essential purpose is to safeguard the freedom and security of its members through political and military means."

How many members does NATO have?

Twenty eight. Greece, Turkey, Germany, Spain, the Czech Republic, Hungary, Poland, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, Slovenia, Albania, and Croatia have all joined.

How does collective defense work?

If one NATO member is attacked, it's viewed as attacking the rest of the members. The idea is expressed in Article Five of the North Atlantic Treaty.

NATO members "will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force," according to the article.

The article was invoked for the first time in the wake of 9/11.

Where are the NATO headquarters?

NATO is headquartered in Brussels, Belgium.

Who is NATO's Secretary General?

The former Prime Minister of Norway, Jens Stoltenberg, serves as its Secretary General. He's expected to chair committees, direct discussions, and make sure decisions go into effect, according to the alliance.

How does NATO defense spending work?

For NATO members, there is a target to spend 2 percent of their gross domestic product (GDP) on defense. Five members - Estonia, Greece, Poland, the United Kingdom, and the United States - meet that goal.

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NATO – News: NATO Allies and partners reaffirm their Warsaw … – NATO HQ (press release)

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NATO Allies and operational partners contributing to the NATO-led Resolute Support Mission met today (19 May 2017), at NATO Headquarters, to review ongoing efforts in support to the Afghan National Defence and Security Forces (ANDSF) and long-term stability in Afghanistan.

The President of Afghanistan, His Excellency Ashraf Ghani, the Commander of the Resolute Support Mission (General John W. Nicholson), and the NATO Senior Civilian Representative to Afghanistan (Ambassador Cornelius Zimmermann) attended via video conference.

Attendants noted the continued progress made by the Afghan security forces and institutions, just over two years since assumption of full security responsibility by Afghanistan. They also underscored the importance to continue supporting the ANDSF through training, advising and assistance efforts by the Resolute Support Mission. The meeting marked the completion of a process of periodic review of Resolute Support. It reaffirmed the commitment undertaken at the NATO Summit in Warsaw last year to sustain the NATO-led mission as a conditions-based mission, and to keep its configuration under review. NATO Allies and partners today reaffirmed the mission as conditions-based and through a flexible regional model. They also affirmed their support to the ongoing force generation process to ensure that the mission is properly resourced.

Todays meeting provided also the opportunity to take stock of the continued efforts by Afghanistans National Unity Government to boost internal reforms and maintain momentum on key areas for Afghanistans stability, including good governance, the rule of law, regional cooperation, and the Afghan-led and Afghan-owned peace and reconciliation process.

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Dunford ‘Enthusiastic’ About NATO’s Ability to Address New Threats – Department of Defense

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WASHINGTON, May 19, 2017 NATOs chiefs of defense discussed the big changes happening to the alliance during the military committee meeting that ended yesterday in Brussels.

Marine Corps Gen. Joe Dunford, chairman of the Joint Chiefs of Staff, said yesterday he was pleased with the discussions among the highest-ranking military members in the alliance.

I am enthusiastic coming out of today because today I felt like I was surrounded not by problem identifiers but by problem solvers, he said during an interview after the meeting.

We could disagree about the methodology, but everyone agreed we have some problems and challenges out there," he said. "We have to do something to enhance stability, project stability, to mitigate the flow of refugees and drive down the level of violence and capabilities of these extremist groups.

Historic Alliance

NATO stuck together during the Cold War, providing a bulwark against the threat of the Soviet Union and its Warsaw Pact satellites. When the Soviet Union fell, many of the nations that were part of the Warsaw Pact joined NATO. Russia, for a time, looked as if it would be a partner and worked with NATO in the Balkans and elsewhere.

At one point, it looked as if the need for NATO was going away. Europe looked like it was on the road to a new era of peaceful coexistence.

Today, however, a revanchist Russia appears set on regaining its power and influence on the continent. Russias actions in Georgia, its illegal annexation of Crimea and its continuing actions in Ukraine demonstrate its desire to operate according to its own agenda.

And there is yet another threat emanating from the south. Terrorist networks -- like the Islamic State of Iraq and Syria -- are driving people from their homes and trying to inculcate their fundamentalist philosophies on the populations of the Middle East, North Africa and Central Asia.

NATO adapted to meet these new threats. NATO units are forming in the Baltic Republics and in Poland. Exercises in Romania and in the Black Sea show that NATO is prepared to confront Russian aggression.

And NATO is confronting the new threat of terrorism with new methods, doctrines and capabilities.

Where we are going is -- we need a network to defeat a network, Dunford said. This is a global-transregional threat and we need a global-transregional network. And I think NATO is an important part of that network, and we are moving in the right direction in a number of important areas to get in place the enduring infrastructure [and] organizational construct to deal with the challenges out there.

During the Cold War, NATO was focused on deterring the Soviet Union. Now, it needs a variety of capabilities to handle the threats of today.

We believe you need to be trained, organized and equipped to conduct operations across the spectrum, Dunford said.

New Types of Conflict

U.S. military officials developing the National Military Strategy spoke about the 21st centurys transregional, multi-domain, multifunctional fight. Troops must be prepared for everything from outright war to deterring adversaries short of war.

Adversarial competition is the new term for the situation many parts of the world are in right now. This competition falls below the threshold of armed conflict and can involve information operations, unconventional operations, economic coercion and political influence, Dunford said.

At the military committee meeting, Army Gen. Curtis M. Scaparrotti, supreme allied commander for NATO and commander of U.S. European Command, along with French air force Gen. Denis Mercier, the commander of allied command transformation, led the discussion on the challenges that NATO allies face and the means they are employing and developing to combat those threats.

The discussion that General Scaparrotti led today was the equivalent of what weve been having in the United States over the last 15 months, Dunford said. The character of war has changed in some profound ways in space, cyber, land, air, sea. It involves all those domains.

He added, Any conflict is likely to have second and third order effects out of the geographic area. Even conflict with a non-state actor is still likely to see them leveraging cyber capabilities, information operations, and in some cases, high-end conventional capabilities.

Integrating Capabilities, Maintaining Relevance

NATO is involved each day in this type of adversarial competition with state and non-state actors, Dunford said. The pressing question, he added, is: Do alliance nations have in place the organization, training, equipment and leadership to be competitive in confronting these new threats?

The alliance still must be prepared for a conventional conflict and provide nuclear deterrence, Dunford said.

Todays challenges have grown from the Cold War-era scenario of tank-on-tank battle at the Fulda Gap in then-West Germany, to competition in all domains including space, electronic warfare and cyber, the general said.

When we bring together all of the countries with their collective capabilities we need to make sure we integrate our capabilities in a way that makes us competitive in the context of the character of war and the threat today as opposed to the threat in the 1980s, he said.

In the 1980s, the AirLand battle doctrine dealt with a conventional threat and a certain understanding of time and space, he said.

The speed of war has changed, and the competitive space runs across all spectrums, Dunford said. In the 1980s, we thought we were either at peace or at war, and that could be contained geographically. Today, there is conflict short of war, and we no longer think it can be contained.

Dunford said the conversation at the military committee meeting was about what actions the nations that make up NATO must take in the coming months to ensure the capability path we are on makes us relevant and competitive today and tomorrow.

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The NATO Information and Documentation Centre in Ukraine celebrates its 20th anniversary – NATO HQ (press release)

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The NATO Information and Documentation Centre (NIDC) in Ukraine celebrated its 20th anniversary in Kyiv. A first-ever public information office opened in a NATO Partner nation, the NATO Information Centre has served for twenty years to increase awareness about NATO and promote NATO in Ukraine.

The NATO Deputy Secretary General, Rose Gottemoeller, who visited Kyiv on 6-7 April, addressed the gathering via a video message from Brussels: Twenty years ago, NATO decided to establish an office in Kyiv. Its mission was to open its arms to anyone eager to learn more about NATO. Today, the mission remains the same. Only by learning about each other we can dispel the myths and stereotypes, and build trust and friendship in each other.

On 7 May 1997, Javier Solana, the then NATO Secretary General, and Hennadiy Udovenko, Ukrainian Minister of Foreign Affairs, inaugurated NATOs Information and Documentation Centre in Kyiv. The NATO-Ukraine Distinctive Partnership Charter was signed two months later deepening the NATO-Ukraine cooperation and creating the NATO-Ukraine Commission.

For twenty years, the NATO Information and Documentation Centre (NIDC), has been hosted by the Institute of International Relations of the Taras Shevchenko National University of Kyiv. During this time, the Centre has organized more than two hundred study trips and visits for students, journalists, academics, parliamentarians to the NATO Headquarters in Brussels. Overall, two thousand Ukrainians have visited the NATO HQ in the framework of such visits. It has implemented over 600 information and media projects.

The NIDC has always supported Ukraines civil society and contributed to open dialogue about NATO. It actively supported many non-governmental actors during the Revolution of Dignity, such as the Ukrainian Crisis Media Centre, to provide the world with factual information and news about the events on the ground. It provided financial assistance to grass-root activists who fought Russian propaganda and we assisted in the formation of new independent Ukrainian media.

The Centre is also actively supporting the Ukrainian government to establish effective strategic and crisis communication.

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The North Atlantic Treaty Organization (NATO) | Council on Foreign … – Council on Foreign Relations

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Introduction

The North Atlantic Treaty Organization, a cornerstone of transatlantic security during the Cold War, has significantly recast its role in the past twenty years. Founded in 1949 as a bulwark against Soviet aggression, NATO has evolved to confront threats ranging from piracy off the Horn of Africa to maritime security in the Mediterranean. But Russian actions in recent years, particularly its 2014 intervention in Ukraine, have refocused the alliance's attention on the continent. Recent developments have also exposed unresolved tensions over NATO's expansion into the former Soviet sphere.

After the demise of the Soviet Union in 1991, Western leaders intensely debated the future direction of the transatlantic alliance. President Bill Clinton's administration favored expanding NATO to both extend its security umbrella to the east and consolidate democratic gains in the former Soviet bloc. On the other hand, some U.S. officials wished to peel back the Pentagon's commitments in Europe with the fading of the Soviet threat.

European members were also split on the issue. London feared NATOs expansion would dilute the alliance, while Paris believed it would give NATO too much influence. Many in France hoped to integrate former Soviet states via European institutions. There was also concern about alienating Russia.

For the White House, the decision held larger meaning. [President Clinton] considered NATO enlargement a litmus test of whether the U.S. would remain internationally engaged and defeat the isolationist and unilateralist sentiments that were emerging, wrote Ronald D. Asmus, one of the intellectual architects of NATO expansion, inOpening NATO's Door.

In his first trip to Europe as president, in January 1994, Clinton announced that NATO enlargement was no longer a question of whether but when and how.Just days before, alliance leaders approved the launch of thePartnership for Peace, a program designed to strengthen ties with Central and Eastern European countries, including many former Soviet republics like Georgia, Russia, and Ukraine.

Many defense planners also felt that a postCold War vision for NATO needed to look beyond collective defenseArticle V of theNorth Atlantic Treatystates that an armed attack against one or more [member states] in Europe or North America shall be considered an attack against them alland focus on confronting acute instability outside its membership. The common denominator of all the new security problems in Europe is that they all lie beyond NATO's current borders, said Senator Richard Lugar (RIN) in a1993 speech.

The breakup of Yugoslavia in the early 1990s and the onset of ethnic conflict tested the alliance on this point almost immediately. What began as a mission to impose a UN-sanctioned no-fly zone over Bosnia and Herzegovina evolved into a bombing campaign on Bosnian Serb forces that many military analysts say was essential to ending the conflict. It was duringOperation Deny Flight[PDF] in April 1994 that NATO conducted its first combat operations in its forty-year history, shooting down four Bosnian Serb aircraft.

In 2017, NATO pursues several missions: security assistance in Afghanistan; peacekeeping in Kosovo; maritime security patrols in the Mediterranean; support for African Union forces in Somalia; and policing the skies over eastern Europe.

Headquartered in Brussels, NATO is a consensus-based alliance, where decisions must reflect the membership's collective will. However, individual states or subgroups of allies may initiate action outside NATO auspices. For instance, France, the UK, and the United States began policing a UN-sanctioned no-fly zone in Libya in early 2011 and within days transferred command of the operation to NATO (once Turkish concerns had been allayed). Member states are not required to participate in every NATO operation. For instance, Germany and Poland declined to contribute directly to the campaign in Libya.

NATO's military structure is divided between two strategic commands: the Supreme Headquarters Allied Powers Europe, located near Mons, Belgium; and the Allied Command Transformation, located in Norfolk, Virginia. TheSupreme Allied Commander Europeoversees all NATO military operations and is always a U.S. flag or general officer (currently Army General Curtis M. Scaparrotti). Although the alliance has an integrated command, most forces remain under their respective national authorities until NATO operations commence.

NATO's secretary-general (currently Norway'sJens Stoltenberg) serves a four-year term as chief administrator and international envoy. TheNorth Atlantic Councilis the alliance's principal political body, composed of high-level delegates from each member state.

The primary financial contribution made by member states is the cost of deploying their respective armed forces for NATO-led operations. These expenses are not part of theformal NATO budget, which funds alliance infrastructure including civilian and military headquarters. In 2015, NATO members collectively spent more than$890 billion on defense[PDF]. The United States accounted for more than 70 percent of this, up from about half during the Cold War.

NATO members have committed to spending 2 percent of their annual GDP on defense, but by 2016 just five out of the twenty-eight members met this thresholdthe United States (3.6), Greece (2.4), the United Kingdom (2.2), Estonia (2.2), and Poland (2). U.S. officials have regularly criticized European members for cutting their defense budgets, but the Trump administration has taken a more assertive approach, suggesting the United States may reexamine its treaty obligations if the status quo persists. If your nations do not want to see America moderate its commitment to this alliance, each of your capitals needs to show support for our common defense,U.S. Defense Secretary Jim Mattistold counterparts in Brussels in February 2016.

NATO invoked its collective defense provision (Article V) for the first time following the September 11 attacks on the United States, perpetrated by the al-Qaeda terrorist network based in Afghanistan. Shortly after U.S.-led forces toppled the Taliban regime in Kabul, theUN Security Council authorizedan International Security Assistance Force (ISAF) to support the new Afghan government. NATO formally assumed command of ISAF in 2003, marking its first operational commitment beyond Europe. The fact the alliance was used in Afghanistan "was revolutionary," said NATO expertStanley Sloanin a CFR interview. It was proof the allies have adapted [NATO] to dramatically different tasks than what was anticipated during the Cold War.

But some critics questioned NATO's battlefield cohesion. While allies agreed on the central goals of the missionthe stabilization and reconstruction of Afghanistansome members restricted their forces from participating in counterinsurgency and other missions, a practice known as national caveats. Troops from Canada, the Netherlands, the UK, and the United States saw some of the heaviest fighting and bore the most casualties, stirring resentments among alliance states. NATO commanded more than 130,000 troops from more than fifty alliance and partner countries at the height of its commitment in Afghanistan. After thirteen years of war, ISAF completed its mission in December 2014.

In early 2015, NATO and more than a dozen partner countries began anoncombat support missionof about thirteen thousand troops (roughly half are U.S.) to provide training, funding, and other assistance to the Afghan government.

Moscow has viewed NATO's postCold War expansion into Central and Eastern Europe with great concern. Many current and former Russian leaders believe the alliance's inroads into the former Soviet sphere are a betrayal ofalleged guaranteesto not expand eastward after Germanys reunification in 1990although some U.S. officials involved in these discussions dispute this pledge.

Most Western leaders knew the risks of enlargement. If there is a long-term danger in keeping NATO as it is, there is immediate danger in changing it too rapidly. Swift expansion of NATO eastward could make aneo-imperialist Russiaa self-fulfilling prophecy, wrote Secretary of State Warren Christopher in theWashington Postin January 1994.

Over the years, NATO and Russia took significant steps toward reconciliation, particularly with their signing of the1997 Founding Act, which established an official forum forbilateral discussions. But a persistent lack of trust has plagued relations.

NATO's Bucharest Summit in the spring of 2008 deepened suspicions. While the alliance delayed Membership Action Plans for Ukraine and Georgia, it vowed to support their full membership down the road, despite repeated warnings from Moscow of political and military consequences. Russia's invasion of Georgia that summer was a clear signal of Moscow's intentions to protect what it sees as its sphere of influence, experts say.

Russia's annexation of Crimea and destabilization of eastern Ukraine in 20142017 have poisoned relations with NATO for the foreseeable future. We clearly face thegravest threat to European securitysince the end of the Cold War, said NATO Secretary-General Anders Fogh Rasmussen after Russia's intervention in March 2014. Weeks later, NATO suspended all civilian and military cooperation with Moscow.

In an address honoring theannexation of Crimea, President Vladimir Putin expounded Russia's deep-seated grievances with the alliance. They have lied to us many times, made decisions behind our backs, placed us before an accomplished fact. This happened with NATO's expansion to the East, as well as the deployment of military infrastructure at our borders, he told Russia's parliament. In short, we have every reason to assume that the infamous [Western] policy of containment, led in the eighteenth, nineteenth, and twentieth centuries, continues today.

Incongressional testimony[PDF] in March 2017, General Scaparrotti said a resurgent Russia has turned from partner to antagonist, and has remained one of the top security challenges in Europe. Moscow continued to flex its military muscles in the region, he said, sending its sole aircraft carrier on its first-ever combat deployment, moving nuclear-capable missiles into Kaliningrad, and conducting significant operations in Ukraine and Syria. Meanwhile, Moscow pursued malign activities short of war, including misinformation and hacking campaigns against European member states, he said. The Kremlin has denied allegations it attempted to interfere in U.S. and European elections.

Ahead of a NATO summit in May 2017, Montenegro was expected to become the twenty-ninth member of the alliance, the first since Albania and Croatia joined in 2009. In a statement on the former Yugoslav republics accession, theWhite House notedto other NATO hopefuls that the door to membership in the Euro-Atlantic community of nations remains open and that countries in the Western Balkans are free to choose their own future and select their own partners without outside interference or intimidation. The Kremlin has warned thatNATOs eastward expansioncannot but result in retaliatory actions.

Another perennial point of contention has been NATO'sballistic missile defense shield, which is being deployed across Europe in several phases. The United States, which developed the technology, has said the system is only designed to guard against limited missile attacks, particularly from Iran. However, the Kremlin says the technology could be updated and may eventuallytip the strategic balancetoward the West.

Fears of further Russian aggression have prompted alliance leaders to reinforce defenses on its eastern flank. Since its Wales Summit in 2014, NATO has ramped up military exercises and opened new command centers in eight member states: Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, and Slovakia. The outposts, which are modestly staffed, are intended to support a newrapid reaction forceof about twenty thousand, including five thousand ground troops. In a major emergency, NATO military planners say that a multinational force of about forty thousand can be marshaled. At the Warsaw Summit in 2016, allies agreed to rotate four battalions (about four thousand troops) through Poland and the Baltic states. The United States has added an Army armored brigade to the two it has in the region, under its European Reassurance Initiative.

Meanwhile, NATO members, particularly Denmark, Germany, the UK, and the United States have increased air patrols over Poland and the Baltics. In 2015, NATO jets scrambled tointerceptRussian warplanesviolating allied airspace some four hundred times. In 2016 this number doubled, alliance officials said.

NATO members have also boosted direct security collaboration with Ukraine, an alliance partner since 1994. But as a nonmember, Ukraine remains outside of NATO's defense perimeter, and there are clear limits on how far it can be brought into institutional structures. The UK and the United States sent modest detachments of troops to train Ukrainian personnel in 2015, but the United States has refrained from providing Kiev with lethal weapons to help counter the Russia-backed insurgency out of fear this would escalate the conflict.

In the longer term, some defense analysts believe the alliance should consider advancing membership toFinland and Sweden, two Partnership for Peace countries with a history of avoiding military alignment. Both countries have welcomed greater military cooperation with NATO following Russias intervention in Ukraine. (Nordic peers Denmark, Iceland, and Norway are charter NATO members.)

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Sharif to attend Arab NATO in Riyadh – The Hindu

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The Hindu
Sharif to attend Arab NATO in Riyadh
The Hindu
The Arab Nato summit being held to develop a security partnership against a growing threat of violent extremism will also be attended by US President Donald Trump. Saudi King Salman bin Abdulaziz invited Sharif for the summit. The ...
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ThinkProgress -DAWN.com -LifeZette
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After WannaCry, ex-NSA director defends agencies holding exploits … – TechCrunch

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Theres not much more topical than cyber security right now. And who better to talk about itthan former director of the NSA and ex-chief of the Central Security Service, general Keith Alexander?

On stage here at TechCrunch Disrupt New York, Alexander discussedthe WannaCry(pt) ransomware that disrupted systems in multiple countrieson Friday and was only stopped by accident after a security researcher registered a web domain that had been hard coded into it as a kill switch.

Alexander warned there would be more such attacks this year, and urged industry to work with government to try to defend against global cyber threats.

I think this is just one of many that were going to see, he said. Many people said this is the year of ransomware.

Alexander was asked how much responsibility the NSA bears for the WannaCrypt virus given reportshave indicated the virusutilizes an exploit that was stolen from the NSA.

Yesterday Microsoft also explicitly called outgovernment agencies for undermining global cyber security by stockpiling exploits.

The NSA didnt use the WannaCry, criminals did - someone stole it, heshot back on that.

This WannaCrystarts to split [government agencies and industry]apart but our nation needs industry and government to work together, headded.

He also implicitly defended the NSAs use of exploits saying the agency needs capabilitiesto allow it to know what adversaries are doing, and should not be required to release all the exploits it finds.

Weve got to have tools, he said. [NSA]dont hoard exploits; they release90+ percent of what they get but to go after a terrorist you need an exploit.

Alexanders big pitch was for government and industry towork together to try to de-risk these intelligence agency tools i.e. to patch up and firefight critical scenarios whereby an intelligence agency exploit has been leaked and is in the hands of cyber criminals.

The fact that Microsoft actually put a patch out in March how do you make sure that those things goout? And is there a way that government and industry can work together so that those things are done seamlessly, he suggested. And the answers yes. And should we do that? Yes.

Alexander also discussed his views on Trumps executive order on cyber security, and the ongoing reform of Section 702 of FISA.

You can watch the full interview in the below video.

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Hacker group that leaked NSA spy tools likely includes a US insider, experts say – McClatchy Washington Bureau

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McClatchy Washington Bureau
Hacker group that leaked NSA spy tools likely includes a US insider, experts say
McClatchy Washington Bureau
One of those leaked NSA tools allowed extortionists to spark havoc last Friday by encrypting the hard drives of more than 200,000 computers in 150 countries, the largest such cyberattack ever to hit the globe. The attackers demanded $300 or more to ...
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How NSA Can Secretly Aid Criminal Cases – Consortium News

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From the Archive: Official Washington is thrilled by the choice of ex-FBI Director Mueller as Russia-gate special counsel, hailing him as a straight-shooter, but he cut some legal corners in office, ex-CIA analyst Ray McGovern wrote in 2014.

By Ray McGovern (Originally published on June 12, 2014)

Rarely do you get a chance to ask a just-retired FBI director whether he had any legal qualms about what, in football, is called illegal procedure, but at the Justice Department is called parallel construction.

Government wordsmiths have given us this pleasant euphemism to describe the use of the National Security Agencys illegal eavesdropping on Americans as an investigative tool to pass on tips tolaw enforcement agencies which then hide the source of the original suspicion and construct a case using parallel evidence to prosecute the likes of you and me.

For those interested in quaint things like the protections that used to be afforded us by the Fourth and Fifth Amendments to the Constitution, information about this parallel construction has been in the public domain, including the mainstream media, for at least a year or so.

So, I welcomed the chance to expose this artful practice to still more people with cameras rolling at a large conference on Ethos & Profession of Intelligence at Georgetown University on June 11, 2014, during the Q & A after former FBI Director Robert Mueller spoke.

Mueller ducked my question regarding whether he had any legal qualms about this parallel construction arrangement.He launched into a discursive reply in which he described the variousauthorities enjoyed by the FBI (and the CIA), which left the clear impression not only that he was without qualms but that he considered the practice of concealing the provenance of illegally acquired tip-off information somehow within those professed authorities.

Bottom line? Beware, those of you who think you have nothing to hide when the NSA scoops up your personal information. You may think that the targets of these searches are just potential terrorists. But the FBI, Internal Revenue Service, Drug Enforcement Administration and countless other law enforcement bodies are dipping their cursors into the huge pool of mass surveillance.

And, chances are that if some of your scooped-up data gets shared with law enforcement and the Feds conclude that youve violated some law, youll never become aware of how they got onto you in the first place. Theyll just find some parallel evidence to nail you.

After all, its altogether likely for a great majority of us that some dirt can be retrieved with the NSAs voluminous files an inviting starting point. AT&T, for example, apparently has kept metadata about its customers, as well as all other traffic going through its switches, for the past 27 years.

For those who are Caesars-wife pure and whose loved ones also approach perfection, constructing a prosecutable case may be more of a challenge. But relax not. If for some reason the government decides to get you if youve popped up as somehow an obstacle to national security it is not impossible. Even in recent decades, critics of government policies have ended up facing dredged-up, if not trumped-up, criminal charges over some past indiscretion or misdeed.

Learning Curve

It has been my good fortune to sponge up data and wisdom in equal measure from NSA alumni like Bill Binney, Kirk Wiebe, Tom Drake, and Ed Loomis, who in early January 2014 authored NSA Insiders Reveal What Went Wrong.

More recently (on May 31, 2014), Bill and I took part in a panel discussion in New York, so this freshly sponged-up learning still dwelled in my frontal lobe when I was interviewed by RT on June 5, 2014, the anniversary of the first-published disclosure from Edward Snowden.

When asked how ordinary people in the U.S. were being affected by the disclosures about bulk collection, I passed along what I had recently learned from Bill and other whistleblowers regarding how law enforcement is masking illegal surveillance to the severe detriment of defendants constitutional rights.

Former FBI Division Counsel in Minneapolis Coleen Rowley who, with Jesselyn Radack, Tom Drake and me, visited Snowden in Russia in October 2013 told me of two legal doctrines established many decades ago: the exclusionary rule and the rule regarding the fruit of the poisonous tree.

These were designed to force over-zealous law enforcement officers to adhere to the Constitution by having judges throw out cases derived from improperly obtained evidence. To evade this rule, law enforcement officials who have been on the receiving end of NSAs wiretap data must conceal what tipped off an investigation.

After the Tip-Off

Among the revelations over the past year was DEAs definition of parallel construction as the use of normal [read legal] investigative techniques to re-create the information received by DEAs Special Ops Division from NSA or other sources that cant be acknowledged. Some of these sources may be confidential informants whose identities need protecting, but the NSAs massive database has become a very inviting place to trawl for valuable leads.

As Reuters reported in August 2013, A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to recreate the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendants Constitutional right to a fair trial. If defendants dont know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence information that could reveal entrapment, mistakes or biased witnesses.

So, in this way, the NSAs warrantless surveillance can result in illegal law enforcement. And the FBI, the DEA and other organs of the deep state have become quite good at it, thank you very much.

Heres how it works:NSAs domestic surveillance though supposedly restricted to detecting terrorism gets wind of some potentially illegal activity unrelated to terrorism. So, NSA passes the information on to the relevant law enforcement agency. It could be a vehicle transporting illegal drugs or a transfer of suspicious funds or pretty much anything.

This evidence then sparks an investigation, but the original informationcant be used legally because it was acquired illegally for national security purposes. After the tip, parallel law enforcement techniques are introduced to collect other evidence and arrest and charge the suspects/defendants.

The arrest is made to appear the splendid result of traditional detective techniques. However, if the court learns of the initial shenanigans, the defendant may be released because her/his constitutional rights were violated.

To avoid that possibility, the government simply perjures itself during the court discovery process by concealing the key role played by the NSA database, exculpatory evidence that could weaken or destroy the governments case.

Blackmail?

Last week a journalist asked me why I thought Congress initial outrage seemingly genuine in some quarters over bulk collection of citizens metadata had pretty much dissipated in just a few months. What started out as a strong bill upholding Fourth Amendment principles ended up much weakened with only a few significant restraints remaining against NSAs flaunting of the Constitution?

Let me be politically incorrect and mention the possibility of blackmail or at least the fear among some politicians that the NSA has collected information on their personal activities that could be transformed into a devastating scandal if leaked at the right moment.

Do not blanch before the likelihood that the NSA has the book on each and every member of Congress, including extramarital affairs and political deal-making.We know that NSA has collected such information on foreign diplomats, including at the United Nations in New York, to influence votes on the Iraq War and other issues important to U.S. national security.

We also know how the late FBI Director J. Edgar Hoover used much more rudimentary technology a half century ago to develop dossiers on the personal indiscretions of political and ideological opponents. It makes sense that people with access to the NSAs modern surveillance tools would be sorely tempted to put these new toys to use in support of their own priorities.

I happened to be with a highly accomplished attorney one not involved in security law when we saw TV reporting that the Solicitor General of the United States had misled the U.S. Supreme Court. My lawyer friend kept shaking his head, with his mouth agape: Now THAT is not supposed to happen is all he could muster.

Other than the Supreme Court justices themselves, the Solicitor General is among the most influential members of the legal community. Indeed, the Solicitor General has been called the tenth justice as a result of the relationship of mutual trust that tends to develop between the justices and the Solicitor General.

Thus, while it is sad, it is hardly surprising that no one took President Obamas Solicitor General Donald Verrilli Jr. to the woodshed. There are seldom penalties in Washington for playing fast and loose with the truth.

Verrilli assured the Court in the Clapper v. Amnesty International USA case that defendants would be informed of evidence coming from NSA.The Department of Justice had reviewed his draft testimony and did not tell Verrilli that this was not the truth.

In the case, a majority of the Supreme Court justicesdecided to wait until a criminal defendantwasactually convicted with the admitted use ofNSA evidencebefore ruling on whether this violates the Fourth Amendment and the requirement of court warrants based on probable cause before police searches can be conducted.

The result of the Supreme Courts decision was that the challenge to the constitutionality of NSAs mass collection was abruptly stopped, and the mass surveillance continued. But Verrilli subsequently found out that his assurances had been false, and there ensued an argument with the Department of Justice, which opposed revealing use of NSA sources in any court.

Verrilli apparently prevailed partially, with the government subsequently notifying a fewdefendants inongoing terrorism cases thatNSA sources were used.

Separation of Powers?

We cannot escape some pretty dismal conclusions here. Not only havethe Executive andLegislative branches been corrupted by establishing, funding, hiding and promoting unconstitutional surveillance programs during the war on terror, but the Judicial branch has been corrupted, too.

The discovery process in criminal cases is now stacked in favor of the government through its devious means for hidingunconstitutional surveillance and using it in ways beyond the narrow declared purpose of thwarting terrorism.

Moreover, federal courts at the district, appeals and Supreme Court levelshave allowed the government to evade legal accountability by insisting that plaintiffs must be able to prove what often is not provable, that they were surveilled through highly secretive NSA means. And, if the plaintiffs make too much progress, the government can always get a lawsuit thrown out by invoking state secrets.

The Separation of Powers designed by the Constitutions Framers to prevent excessiveaccumulation of power by one of the branches has stopped functioning amid the modern concept of permanent war and the unwillingness of all but a few hearty souls to challenge the invocation of national security. Plus, the corporate-owned U.S. media, with very few exceptions, is fully complicit.

Thus, a massive, intrusive power now looms overevery one of us and especially those few brave individuals with inside knowledge who might be inclined to inform the rest of us about the threat. Whistleblowers, like Chelsea Manning and Edward Snowden, have faced decades in prison for divulging important secrets to the American people. And so the legal rot continues.

The concept of a United Stasi of America, coined by Pentagon Papers whistleblower Daniel Ellsberg, has been given real meaning by the unconstitutional behavior and dereliction of duty on the part of both the George W. Bush and Obama administrations.

Just days after the first published disclosure from Snowden, Ellsberg underscored that the NSA, FBI and CIA now have surveillance capabilities that East Germanys Stasi secret police could scarcely have imagined.

What, We Worry?

In June 2013, Mathew Schofield of McClatchy conducted an interesting interview ofWolfgang Schmidt, a former lieutenant colonel in the Stasi, in Berlin. With the Snowden revelations beginning to tumble out into the media, Schofield described Schmidt as he pondered the sheer magnitude of domestic spying in the United States.

Schmidt: You know, for us, this would have been a dream come true.

Schofield continues: In those days, his department was limited to tapping 40 phones at a time, he recalled. Decide to spy on a new victim and an old one had to be dropped, because of a lack of equipment. He finds breathtaking the idea that the U.S. government receives daily reports on the cellphone usage of millions of Americans and can monitor the Internet traffic of millions more.

So much information, on so many people, says Schmidt who, at that point, volunteers a stern warning for Schofield and the rest of us:

It is the height of naivete to think that, once collected, this information wont be used. This is the nature of secret government organizations. The only way to protect the peoples privacy is not to allow the government to collect their information in the first place. [emphasis added]

(For those who missed it, The Lives of Others, a 2006 film, offers a chilling depiction of the Stasi, a far more capable incarnation of which may soon be coming to your home or neighborhood with assistance of parallel construction.)

Take note, those of you who may still feel fearless, those of you with nothing to hide.

Ray McGovern works with Tell the Word, a publishing arm of the ecumenical Church of the Saviour in inner-city Washington. He was an Army officer and CIA analyst for a total of 30 years and is now on the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).

See the rest here:
How NSA Can Secretly Aid Criminal Cases - Consortium News

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Uber is pressuring one of its top executives to comply with Alphabet’s lawsuit – Recode

Posted: at 6:31 am

Uber has officially asked Anthony Levandowski the former head of the companys self-driving efforts and the executive at the center of the Alphabet lawsuit to waive his Fifth Amendment rights and cooperate with a courts order to turn over any files he may have downloaded including those on his personal device.

Levandowski asserted his Fifth amendment rights earlier this year seeking to protect himself if the case becomes criminal which is now a possibility.

Now, Ubers general counsel Salle Yoo is asking him to waive those rights and comply with the courts order to turn over his personal device as well as any downloaded materials he has and the names of all those he ever communicated about these files with. If he doesnt, Yoo reminds him that his employment is at-will.

If you do not agree to comply with all of the requirements set forth herein, or if you fail to comply in a material manner, then Uber will take adverse employment action against you, which may include termination of your employment and such termination would be for Cause, the letter from Uber General Counsel Salle Yoo reads.

Its a major shift in Ubers tone with Levandowski, who has a close working relationship with Uber CEO Travis Kalanick.

Importantly, thats because the court has ordered Uber to exercise the full extent of [its] corporate, employment, contractual, and other authority to cause them to return the downloaded materials and all copies, excerpts, and summaries thereof to Waymo.

Alphabet has sued Uber and its subsidiary Otto claiming that Levandowski stole 14,000 files that included the design for a key radar technology before leaving the company. Uber has disputed that it used any of Alphabets tech but it doesnt deny Levandowski may have taken the proprietary information.

Notably, Alphabet shifted the focus of its patent infringement claims to a radar prototype that Uber no longer uses instead of those that are still being developed.

Previously, Uber had asked Levandowski to voluntarily recuse himself of all work with the technology in question, lidar. That recusal has since been sanctioned by the court as part of a preliminary injunction the judge granted Alphabet.

Uber has otherwise handled Levandowski with a light touch.

Part of the reason could be that Uber CEO Travis Kalanick and Levandowski are close. In fact, as we first reported, Kalanick turned to Levandowski around the same time he launched Otto to help get Ubers autonomous cars on the road. The duo, who are also planning to attend the Indy 500 together later this month according to sources, spent a great deal of time together both prior to and during Levandowskis employment.

Kalanick even brought Levandowski along on some of his notoriously long walks, an activity the controversial CEO likes to do while hes thinking, according to a Bloomberg report,

But Levandowskis priorities protecting himself from criminal action has been in conflict with Ubers attempts to do away with this lawsuit and go ahead with its autonomous efforts.

Frankly, we obviously have a conflict here, Ubers attorney Arturo Gonzalez said to Judge Alsup during a closed-door hearing in April.

I would love to put Mr. Levandowski on the stand to explain to you what happened, because I think he has a good story to tell, Gonzalez said. But I can't force him to do that.

Now Uber is asking him to do just that.

The letter reads:

We understand that this letter requires you to turn over information wherever located, including but not limited to, your personal devices, and to waive any Fifth Amendment protection you may have. Also, the requirement that your lawyers cooperate with us and turn over information that may be in their possession may invade your attorney-client privilege. While we have respected your personal liberties, it is our view that the Courts Order requires us to make these demands of you. Footnote 9 of the Order specifically states that in complying with this order, Uber has no excuse under the Fifth Amendment to pull any punches as to Levandowski.

Heres the full letter:

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Uber is pressuring one of its top executives to comply with Alphabet's lawsuit - Recode

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