Monthly Archives: May 2017

Reined-In NSA Still Collected 151 Million Phone Records in ’16 – New York Times

Posted: May 2, 2017 at 10:42 pm


New York Times
Reined-In NSA Still Collected 151 Million Phone Records in '16
New York Times
Dan Coats, left, director of national intelligence, at his confirmation hearing in February. A report from his office offered a peek at how much data the N.S.A. is gathering now that bulk collection has ended. Credit Al Drago/The New York Times ...
NSA collected Americans' phone records despite law change: reportReuters
NSA collected 151M phone records in 2016, despite law changeCNET
NSA granted nearly 2K 'unmasking' requests in 2016The Hill
NBCNews.com -Breitbart News -PBS NewsHour
all 11 news articles »

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NSA Ends Upstream About Data Collection – Infosecurity Magazine

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The National Security Agency (NSA) claims to have finally ended the warrantless surveillance of US citizens communications with overseas individuals where foreign targets are mentioned.

The practice of so-called about data collection, which is said to encroach on Fourth Amendment protections, first emerged as a result of the Edward Snowden leaks.

It refers to the bulk surveillance of US citizens communicating with those outside the country, where they have merely mentioned the name or email address of a foreign target.

This upstream collection is made possible by special equipment ISPs installed on their infrastructure to monitor cross-border communications.

In a lengthy statement on Friday, the NSA said its failure to comply with the Foreign Intelligence Surveillance Court (FISC) was inadvertent.

It explained:

After considerable evaluation of the program and available technology, NSA has decided that its Section 702 foreign intelligence surveillance activities will no longer include any upstream internet communications that are solely about a foreign intelligence target. Instead, this surveillance will now be limited to only those communications that are directly to or from a foreign intelligence target. These changes are designed to retain the upstream collection that provides the greatest value to national security while reducing the likelihood that NSA will acquire communications of US persons or others who are not in direct contact with one of the Agency's foreign intelligence targets.

In addition, as part of this curtailment, NSA will delete the vast majority of previously acquired upstream internet communications as soon as practicable.

The news was welcomed by Oregon senator, Ron Wyden, a Democrat who has long campaigned for rolling back the NSAs intrusive surveillance powers.

"This change ends a practice that could result in Americans' communications being collected without a warrant merely for mentioning a foreign target, he said in a statement.

For years, I've repeatedly raised concerns that this amounted to an end run around the Fourth Amendment. This transparency should be commended. To permanently protect Americans' rights, I intend to introduce legislation banning this kind of collection in the future."

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FBI Director James Comey, NSA Director Michael Rogers to Testify May 4 on Russia – Newsweek

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FBI Director James Comey and National Security Agency Director Admiral Michael Rogers will testify again before lawmakers on Thursday about Russian interference in the 2016 presidential election, according to a congressional aide.

Thursdays House Permanent Select Committee on Intelligence hearing will be the first since March 20, when Comey testified that the FBI is investigating Russias tampering with the presidential election and possible collusion with associates of President Donald Trump. The hearing will also be the first since Representative Devin Nunes, chairman of the committee, recused himself from the Russia probe after the House Committee on Ethics said it was investigating accusations against him.

Related: Can James Comey untangle the Trump-Russia allegations?

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The House Intelligence Committee, the Senate Select Committee on Intelligence and the FBI are each pursuing investigations into Russias election tampering. In January, the U.S. intelligence community published a declassified report detailing the Russian interference, and last October, the Department of Homeland Security and the Office of the Director of National Intelligence issued a statementconfirmingthe subject. Newsweek learned that Comey had tried to go public earlier about Russias tampering and proposed writing an op-ed on the topic prior to the October statement.

Comey took the unusual step of corroborating the existence of the ongoing investigationto the House Intelligence Committee. I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian governments efforts to interfere in the 2016 presidential election, Comey said on March 20. That includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government, and whether there was any coordination between the campaign and Russias efforts. Unlike the open March 20 hearing, the May 4 hearing will be closed.

FBI Director James Comey, left, and NSA Director Admiral Michael Rogers, right, testified on March 20 before the House Permanent Select Committee on Intelligence. They are scheduled to testify again before the committee on May 4. Joshua Roberts/REUTERS

The FBI investigation falls under its counterintelligence program, which aims to protect American secrets and foil foreign spies. Such investigations are among the most challenging, especially when politics are involved, Frank MontoyaJr., the bureaus former national counterintelligence executive, has told Newsweek. The investigation could take years and may result in intelligence gathering, not criminal charges, according to Montoya.

The House Intelligence Committee probe will look at whether Russia directed cyber efforts against the U.S., whether Russia colluded with people involved with U.S. political campaigns, whether the U.S. governments response to Russian efforts was adequate and what leaks took place related to intelligence.

Since the March 20 hearing, the House Intelligence Committee has faced a shake-up. On April 6, Nunes recused himself from the Russia probe after opponents alleged he had shared investigation information with the White House, leading to the ethics investigation. The charges are entirely false and politically motivated, and are being leveled just as the American people are beginning to learn the truth about the improper unmasking of the identities of U.S. citizens and other abuses of power, Nunes said in a statement. He added that he would seek to end the ethics investigation.

The House Intelligence Committee had first invited Comey and Rogers in April to appear on Tuesday. The committee also invited former CIA Director John Brennan, former Director of National Intelligence James Clapper and former Deputy Attorney General Sally Yates to testify. They are not scheduled to appear on Thursday, according to the congressional aide.

Comey is also scheduled to attendtwo upcoming Senate Committee on the Judiciary hearings. On Wednesday, he is scheduled to take part in a full committee hearing on oversight of the FBI. Then, on May 8, he will speak before the Subcommittee on Crime and Terrorism about Russias election tampering.

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Personal Security Takes A Hit With Public Release Of NSA’s Hacking Toolkit – Techdirt

Posted: at 10:42 pm

Former members of Team Espionage recently expressed their concern that the Shadow Brokers' dump of NSA Windows exploits had done serious damage to the security of the nation. The unwanted exposure of NSA power tools supposedly harmed intelligence gathering efforts, even though the tools targeted outdated operating systems and network software.

However, there are still plenty of computers and networks online using outmoded software. This makes the released exploits a threat (especially those targeting XP users, as that version will never be patched). But not much of a threat to national security, despite the comments of anonymous former Intelligence Community members. It makes them a threat to personal security, as Chris Bing at CyberScoop points out:

One of these hacking tools, a backdoor implant codenamed DOUBLEPULSAR which is used to run malicious code on an already compromised box has already been installed on 30,000 to 50,000 hosts, according to Phobos Group founder Dan Tentler. Other researchers have also engineered different detection scripts to quickly scan the internet for infected computers.

John Matherly, the CEO of internet scanning-tool maker Shodan.io, said that upwards of 100,000 computers could be affected.

Rather surprisingly, data gathered by security researchers shows a majority of the infected computers are in the United States. This shows Microsoft's steady updating push still faces a sizable resistance right here at home. What it also shows is how fast exploits can be repurposed and redeployed once they're made public. The scans for DOUBLEPULSAR have turned up thousands of hits worldwide.

DOUBLEPULSAR is simply a backdoor, but an extremely handy one. Once installed, it makes targeted computers extremely receptive to further malware payloads.

The presence of DOUBLEPULSAR doesnt mean theyre infected by the NSA, it means there is a loading dock ready and waiting for whatever malware anyone wants to give it, Tentler said. The chances are none that all theses hosts [were hacked by] the NSA.

So, there's that small bit of comfort. It's not the NSA nosing around the innards of your Windows box, but a bunch of script kiddies playing with new toys adding them to the normal rolls of malware purveyors seeking to zombify your device and/or make off with whatever information is needed to open fraudulent credit card accounts or whatever.

The NSA certainly could have informed Microsoft of these exploits before it ended support for certain platforms, thus ensuring late- (or never-) adopters were slightly more protected from malware merchants and state agencies. But that's the Vulnerabilities Equity Process for you: no forewarning until a third party threatens to turn your computing weapons over to the general public.

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NSA suggests using virtualization to secure smartphones | PCWorld – PCWorld

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The U.S. National Security Agency is now suggesting government departments and businesses buy smartphones secured using virtualization, a technology it currently requires only on tablets and laptops

The change comes about with the arrival of the first virtualization-based smartphone security system on the U.S. Commercial Solutions for Classified list.

CSFC is a program developed by the NSA to help U.S. government agencies and the businesses that serve them to quickly build layered secure systems from approved components.

AnHTC A9 smartphone security-hardened by Cog Systemsusing its D4 virtualization platform is now on that list, alongside devices without virtualization from Samsung Electronics, LG Electronics, and BlackBerry.

In the modified A9, communications functions are secured by running them in separate virtual machines on the D4 virtualization platform.

It's the first smartphone on the CSFC list to use virtualization, which the NSA has only required on more powerful devices such as tablets and laptops until now.

"If virtualization technology was commonly available in the smartphone, we could leverage it for some solutions. To date, the devices that have been considered did not offer that technology," the NSA's technical guidance reads.

Cog Systems' position on the list isn't definitive yet: It's still seeking certification for the D4/A9 combination against the National Information Assurance Partnership's mobile platform and IPSec VPN Client protection profiles. Vendors typically have six months to obtain the certification in order to remain on the list. For now, D4's validation is ongoing at Gossamer Security Solutions' Common Criteria Testing Laboratory.

Vendors don't seek certification lightly, according to Carl Nerup, chief marketing officer at Cog Systems. "It's a very expensive process," he said, between US$500,000 and $700,000 for each new model.

Somehow, though, Cog Systems is eating the additional cost of certification: The price for its security-hardened A9 is the same as HTC's list price for an unmodified phone, said Nerup. "We have multiple groups within the U.S. Department of Defense that have procured the device," he added.

A commercial off-the-shelf (COTS) smartphone like the modified A9 isn't only of interest to government customers, though, Cog Systems CEO Dan Potts pointed out. "In the oil and gas industry, they want to buy COTS. They want it to be at a competitive price, but with a greater concern for security."

Once certification for the modified A9 is in the bag, Potts is looking forward to seeking certification for D4 virtualization on other smartphones. The first time around takes time because there is a lot of preparatory work to do, but much of that work will also apply to other smartphones. Potts expects certification of D4 on other hardware to go more quickly.

Eric Klein, director for mobile software and enterprise mobility at analyst firm VDC Research, has had his eye on Cog Systems since meeting the company at Mobile World Congress.

He sees the broadest opportunity for Cog Systems in the enterprise market -- and expects that its approach to endpoint security could even take some business away from enterprise mobility management vendors.

Peter Sayer covers European public policy, artificial intelligence, the blockchain, and other technology breaking news for the IDG News Service.

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The NSA will stop reading American emails that mention intelligence … – The Verge

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The NSA has stopped collecting messages sent from US citizens that cross international borders and mention foreign intelligence targets, according to a new report in The New York Times. The controversial practice, made public by Edward Snowden in 2013, allowed the agency to collect emails and other messages that mention a foreign intelligence target, even if neither party is subject to surveillance and one of the parties is a US citizen (and thus subject to constitutional protections against unwarranted searches).

The NSA confirmed the change in a subsequent announcement, writing that the Agency will stop the practice to reduce the chance that it would acquire communications of U.S. persons or others who are not in direct contact with a foreign intelligence target.

The truth changed everything.

In practical terms, this meant that including an email or phone number associated with a surveillance target (say, osamabinladen@gmail.com) in the body of an email could lead to the message being surfaced to NSA analysts.

According to the Times, the change came about last year after the NSA discovered analysts querying databases in violation of court guidelines set forth in 2011. Those violations triggered a broader review of NSA practices, which ultimately forced the NSA to discontinue the practice.

The move comes amid a broader debate over Section 702 of the FISA Amendments Act, the legal authority used by the NSA to justify this collection. Signed into law in 2008, the laws authorities are scheduled to expire at the end of this year unless renewed by Congress. Surveillance critics are hoping to significantly curtail those authorities, leading to significant debate in Congress.

Speaking on Twitter, Edward Snowden applauded the change, saying simply, The truth changed everything.

Update 3:09PM ET: Updated with NSA announcement.

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Fourth Amendment trouble brewing – Chicago Daily Law Bulletin

Posted: at 10:42 pm

PostedMay 1, 2017 10:04 AM

UpdatedMay 1, 2017 11:30 AM

ByTimothy P. ONeill

Pretend you are taking the SAT exam. Here is a fill-in-blank question from the verbal section:

A man is walking alone on a sidewalk in a high-crime neighborhood. Two police officers are in a car approaching from the opposite direction. The car stops. One officer rolls down the window and begins to speak to the man: Come here, the officer _______.

Which word best completes the sentence?

A. commands

B. orders

C. asks

If you answered either A or B, you are still in the running for that college scholarship you are after.

If you answered C, you have probably just blown your chance for a perfect score on the verbal section. But you may have just secured yourself a seat on the Illinois Appellate Court. To understand why, take a look at People v. Ramsey Qurash, 2017 IL App (1st) 143412 (decided March 16, 2017).

The facts of the case match our SAT question above. Chicago police officer Stephen Gregory testified that after he said Come here, Qurash dropped a large white bottle into the snow. Gregory got out of the car, picked up the bottle and saw it contained a leafy substance that appeared to be marijuana. He arrested Qurash and found more contraband on his person. Qurash was charged with several drug offenses.

The majority opinion characterizes the issue in the case as [D]eceptively simple: [A]s a matter of law, do the words come here, uttered by a police officer to a citizen, result in a seizure. If it does result in a seizure, then the drugs must all be suppressed since Officer Gregory lacked either probable cause or reasonable suspicion at the moment he said those two words. The [1]st District decided the issue by characterizing Come here as a mere request that did not result in a seizure, and thus affirmed the conviction.

However, Justice David Ellis filed a dissent contending that no reasonable person would have interpreted Come here as a mere offer he could refuse. Qurash did not consent to an officers request; rather, he acquiesced to the officers command. And because the officer lacked any suspicion whatsoever when he issued that command, the seizure violated the Fourth Amendment and the conviction must be reversed.

Preliminarily, both the majority and the dissent agree that the trial courts holding that the officers words did not constitute a seizure was a question of fact deserving deferential review.

I am not so sure. True, the trial courts finding that the officer said Come here is a question of historical fact that deserves deferential review. And whether or not a defendant has voluntarily consented to an officers request for a search or seizure is an issue reviewed deferentially in Illinois. People v. West, 2017 ILL. App. (3d) 130802.

But the issue of whether a seizure has occurred is a question of law that merits de novo review. In fact, as noted above, the majority even began its analysis by describing the issue in the case as a matter of law. (Slip, 5) A seizure occurs when a reasonable person would believe he is not free to leave. U.S. v Mendenhall, 446 U.S. 544 (1980) (opinion of Stewart, J.).

Deciding how a reasonable person would react to Come here is an objective test resulting in a finding of law that merits de novo review.

Yet even under a deferential standard, I believe the dissent is correct that a seizure occurred when the officer said Come here and that the trial court was clearly erroneous in holding otherwise.

It is worth quoting Ellis at length: Those two words, alone, are not a request. Nor could they plausibly be construed as a question (Come here?) To a man walking down the street, alone at night, in a high-crime neighborhood, when two officers stopped their car in the middle of the street and one of them said, Come here, any reasonable person would believe that he was required to comply with that directive that he was not free to leave.

The dissent does something else worth noting. It exhibits an awareness that an appellate court decision is not a one-off; it does not exist in a vacuum. An appellate decision in a common-law system must of necessity be Janus-faced: It must decide the case that has already occurred in the past with the realization that its decision will have impact on people in the future.

This leads Ellis to say I fear that the majoritys holding will have the unintended effect of encouraging individuals not to comply with a police officers request, or order, to come here. Under the majoritys reasoning, the best way for citizens to protect their [F]ourth [A]mendment rights is to ignore the police in that context because if they complied even though not required to do so, they would be consenting to police questioning without any [F]ourth [A]mendment protections at all.

And Ellis goes on to note the dilemma the court has created for a pedestrian in the future. For if she refuses to comply and simply continues walking and if the officer continues to say Come here a person could find herself accused of resisting or obstructing a lawful order of the police. Ellis cites People v Synnott for the proposition that merely refusing a police officers lawful order to move can constitute interference with the officer in the discharge of his or her duty. 349 Ill. App. 3d 223, 229 (2004).

Elliss dissent makes this case worth a second look. For, as he notes, Come here is not a question. Come here is not a request. Come here is an order.

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Unlike predecessor, Trump will support Second Amendment – Bowling Green Daily News

Posted: at 10:41 pm

When our nations Founding Fathers wrote our Constitution, they added the Second Amendment for a reason: The right of the people to keep and bear arms.

They stated emphatically in that sacred amendment that that right should not be infringed upon.

More than 200 years later, we agree with the Founders wishes and wholeheartedly respect the Second Amendment and all that it represents.

There are some people in this country who have total disdain and contempt for the Second Amendment. If they had it their way, it would be totally thrown out the window and every law-abiding citizen would have their guns confiscated by the federal government.

We suspect former President Barack Obama is one of those people.

He believed more gun laws, executive orders on guns and restricting law-abiding citizens from buying guns were the way to keep America safe.

He couldnt have been more wrong.

The former president turned a blind eye to places like his hometown of Chicago, which has some of the strictest gun laws on the books and also has one of the highest murder rates in the country.

Statistics show the majority of these weapons used in these murders in Chicago werent bought legally.

U.S. Sen Marco Rubio, R-Fla., said it best in 2016 when he noted that criminals dont care about that laws we pass with regards to guns, they never follow the law, thats why theyre criminals.

If criminals want a gun badly enough, they will simply buy it illegally. That is just more proof that more executive orders and stricter gun laws dont work.

After eight years of watching a president who had total contempt for the Second Amendment, it is nice to know that we now have a president in Donald Trump who actually gets it and has total respect for gun owners and the Second Amendment.

Speaking at the National Rifle Association annual convention Friday, Trump told the large crowd that the eight-year assault on your Second Amendment freedoms has come to a crashing end.

Trump, the first sitting president to address the groups annual meeting in more than 30 years, assured the audience that he would defend their right to bear arms.

He told the crowd that they have a true friend and champion in the White House.

Trump promised to do away with Obamas efforts to strengthen background checks and to eliminate gun-free zones at schools and military bases.

We applaud Trump for pledging to get rid of these proposals, which actually make citizens less safe.

We believe Trump is an ardent supporter not only of the Second Amendment but for gun owners and will be a true friend to that very large group of people during his presidency.

What a very nice, welcome change!

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Second Amendment Foundation, Others, Sue to Overturn CA’s ‘High … – Breitbart News

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The other plaintiffs includeThe Calguns Foundation, the Firearms Policy Coalition, and the Firearms Policy Foundation.

According to CBS SF Bay Area, the suit is filed against Attorney General Xavier Becerra. AttorneyGeorge Lee is representing the plaintiffs and contends that the high-capacity magazine ban violates [the plaintiffs] Second Amendment right to bear arms.

The Firearms Policy Coalition announced the lawsuit and explained the circuitous route which Democrats traveled to secure the magazine ban:

Last year, California Governor Jerry signed into law Senate Bill 1446 (SB 1446), which changed state statutes to completely ban law-abiding people from possessing all large-capacity firearm magazines as of July 1, 2017. Following that, Lt. Governor Gavin Newsoms Proposition 63 (Prop 63) Safety For All Act gun control initiativewhich also contained language banning large-capacity magazineswas passed by voters in the November general election.

Firearms Policy Coalition notes that the thousands of law-abiding Californians who own high-capacity magazines now must remove them from their possession or ownership in the State by July 1 at their own expense or face criminal liability and fines. Again law-abiding citizens must surrender their magazines or destroy them at their own expense.

The plaintiffs contend that the high-capacity magazine ban violates Second Amendment rights by taking away an essential for semi-automatic firearms. They claim such magazines are an intrinsic part of all semi-automatic firearms and are not merely individual pieces of personal property, but rather, are intrinsic and inherent constitutionally-protected parts of constitutionally-protected firearms.

Attorney George Lee added, Not only does the ban infringe on Second Amendment rights, but it is clearly now a taking of private property. Lee points out the suit actually goes further by claiming that the ban amounts to a de facto confiscation.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.

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Don’t Tell The Anti-Gun Media, But Black Women Are Starting To … – Townhall

Posted: at 10:41 pm

We all know thatfemale participation in gun ownership and shooting sports is up. Female gun owners are alsolining up for theircarry permits as well.The gun industry knows that women are the next big thing for their business. Its no longer an activity or a right exercised solely by white men, which if often an anti-gun talking point to denigrate the Bill of Rights. In fact, its made the gun control movements work in the stripping of our Second Amendment rights all the more difficult. They will put forth statistics about how a firearm in the home makes it less safe, but people dont care. They want to be safe and more often than notvoters will side with the notion that a firearm increases ones security. For starters, no one likes to be told how to live and how to manage their own safety priorities, let alone being lectured by anti-gun wingnuts from the liberal bastions of America about it. Well, The Guardianreported that black women are beginning to line up to learn how to use firearms for their own protection. What started as a group of ten women in Georgia has grown into a movement.

They nervously giggled as Marchelle Tigner began her lesson. Seven of them had never held a gun before.

This is a movement, and it starts now, Tigner told her students. Heads nodded.

[]

Tigner, who lives in Savannah, Georgia, sensed that there was pent-up demand when she launched Trigger Happy Firearm Instruction in November. She found the Bullseye firing range near Atlanta and offered the class through social media, hoping for 20 students. But the class sold out in two days, so she expanded it to 40. Another class scheduled for 4 March sold out to 40 students in 24 hours; a third class for 30 on 18 March sold out in 30 hours; and so did a fourth on 19 March. Tigners now got classes scheduled through the end of May, including several in Fort Lauderdale, Florida.

She said shes surprised at the response her classes have received. The growth of these classes I never expected it, she said. It shows me how unsafe these women feel in their communities.

[]

I can confirm that more African American women are learning to shoot, said Kenn Blanchard, author of Black Man with a Gun, a gun ownership manual. Im getting emails from places like Pennsylvania, Arizona, saying: Hey Kenn, these seven ladies were shooting look at their scores. Thats never happened before, said Blanchard, whos based in Maryland.

[]

Nicholas Johnson, law professor at Fordham University and author of Negroes and the Gun: The Black Tradition of Arms, pointed to a 2014 survey showing that 54% of black people felt that owning guns did more to protect people than endanger personal safety, nearly doubling the 29% who said the same two years earlier. I would not be surprised if it is stronger now, with the idea that the political environment has tacitly approved violent behavior, he said.

The publication added that Tigner and her business partner are both survivors of domestic abuse. Other black women who have organized gun training seminars across the country touched upon their growing fear about interracial violence, namely since Donald Trump won the 2016 election. Still, there seemed to be a consensus that violence, no matter who is committing it, is very much part of the black experience in America. Hence the need for protection from these elements, which is a right enshrined in our Constitution and settled in the 2008 D.C. v. Heller case.

Frankly, racists or no racists, it doesnt matter. If someone is threatening you and your family with violence, then by all means do what is necessary to protect yourself and your loved ones. While I doubt that Trumps win has been the harbinger for these racist incidents (weve always had moronic racists among us), Im glad to see that more women are lining up to get trained in firearm use.

Still, there are some black women who tend to view those packing heat as Uncle Toms. Take Antonia Okafor, a campus carry activist and Independent Journal Review contributor, who said that black women are the ones who give her the harshest criticism for her Second Amendment advocacy.

People dont know me, or how I came to my beliefs, she said. My experience comes more from being a woman and being empowered through my gun. And for women facing a life-threatening situation by a male assailant, a firearm is the greatest equalizer.

Puerto Rico's Democratic Governor Sounds More Like A Republican When It Comes to Island Debt Crisis

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