Monthly Archives: July 2017

Dear Sheikh Talal bin Mohammed bin Khalifa Al Khalifa,

I understand you are President of Bahrains National Security Agency (NSA), appointed by your relative the King of Bahrain last August under 2016s royal decree 66.

I write out of concern for human Rights defender Ebtisam Al Saegh, who I understand has been in NSA custody since July 3 when men wearing masks and carrying weapons seized her from her home.

According to reports I have received she has undergone a series of long and abusive interrogations over the last 10 days, some lasting more than 12 hours. For instance, I understand that she was removed from Isa Town Womens Detention Centre at 9am yesterday morning and not returned until 3 am this morning, and was again taken at noon today.

Those who have seen her are seriously alarmed about her health, and fear that she might be left with a permanent disability.

Two days after she was taken, her family lodged complaints with the Ministry of Interior Ombudsman Office and the National Institute for Human Rights. The following day - July 6 - masked men again raided her home, took all the mobile phones in the house, and said "your mother didn't cooperate with us.

As you know, she was previously summoned for interrogation by the NSA on May 26 and held for seven hours. On her release she was hospitalized, injured and traumatized. She said during those hours she was forced to stand throughout the interrogation, blindfolded, and sexually assaulted. She also says she was threatened with rape. She told me she was severely beaten and punched on the head and different parts of the body when she used human rights terms to describe her work, and that her interrogators threatened to harm her children.

I have known Ebtisam al Saegh for six years and I know she is not a liar. She told me that during the torture she was questioned about other Bahraini activists, about myself and about Human Rights First.

Im sure you are aware of the international outcry there was over what happened in May, and about her latest arrest, and the increased scrutiny the NSA now faces. Her case has been raised at the U.S. State Department and in the British parliament.

Since the NSAs powers of arrest were restored earlier this year, following devastating criticism of the agency and the stripping of some of its authority in 2011, a series of reports have emerged of detainees being tortured in NSA custody. We fear the abuse of Al Saegh is not an isolated incident.

Sheikh Al Khalifa, as president of the NSA you have some serious questions to answer about the conduct of those under your supervision.

Can you tell us how you have investigated the allegations of torture made in May, what your findings were and what action you have taken?

Can you also explain why Ebtisam Al Saegh has not been allowed access to a lawyer in the last 10 days, or why her family have not been permitted to see her?

Will you commit to investigating all allegations of mistreatment or torture committed by the NSA and hold those responsible to account?

Sheikh Al Khalifa, I am one of many worried about what is happening to Ebstisam al Saegh. Your speedy answers to these questions would be appreciated by us all.

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Read this article:
Questions for Head of Bahrain's NSA 10 Days After Ebtisam al Saegh's Arrest - HuffPost

A high-ranking official of the National Security Agency said in a talk here Wednesday that the electronic surveillance agency is working to improve its public relations in the wake of Edward Snowdens damaging leaks.

Jonathan Darby, the NSAs deputy chief of cybersecurity operations, said the agency realized it had to get out and talk more about what we do after Snowden in 2013 revealed ways in which U.S. spy agencies collect phone, email and other communications.

Darby contended that most of the Snowden-related stories in 2013 were twisted or dead-out wrong, and he pushed back on a movie glorifying the former NSA contractors actions, saying the leaks put peoples lives at risk.

Snowden fled to Moscow in June 2013 after he was identified as the source of information several newspapers printed about previously undisclosed NSA surveillance programs. Snowden remains in Russia, where he was granted asylum until 2020.

Before an audience of 180 at a Lancaster Rotary Club luncheon, Darby portrayed the NSA as scrupulously law-abiding and completely accountable to Congress and the courts.

If the law does not affirmatively give us the authority to take an action, we can not and we will not do it, said Darby, a Montana native who joined the NSA in 1983 as a foreign language analyst. We do not independently decide what to collect.

He said the $11-billion NSA is a joint military-civilian spy agency with the dual mission of intercepting foreign communications and protecting U.S. government communications.

This spy agency spies. Thats what we do, legally and within policy guidelines, he said.

Darby stressed that the NSA does not spy on Americans at home or abroad unless a federal judge approves it.

Also, if the communications of an American are intercepted incidentally through the valid targeting of a foreigner, the Americans communication is masked, he said. The procedures, in place for decades, have government and court approval, he said.

Darby defended a program, up for Congressional renewal this year, that allows the NSA to compel a U.S. communications company to turn over communications of noncitizens outside of the United States.

Saying the program prevents terrorist attacks, Darby pointed to the 2009 arrest of a man who planned a bombing on a New York City subway.

Darby pushed back against the perception that the NSA indiscriminately vacuums up all communications around the world.

He said the quantity of data the NSA collects is analogous to a dime on the floor of a basketball court.

Darby said NSA employees take an oath to defend the Constitution, including its guarantees of civil liberties.

Some will say that (strict oversight and legal restrictions) ties one arm behind our back, Darby said. As an NSAer, I say, Damn straight. Thats fine. Thats who we are as a country.

Asked about allegations of Russian meddling in the 2016 presidential election, Darby said the NSA joined with the FBI and CIA in coming to that assessment.

It goes back to, Heres the facts, Darby said. We laid out the facts.

On cybersecurity, Darby said the country increasingly understands the threats to the nations computer networks and that existing security measures arent adequate for the long term.

Link:
Edward Snowden's leaks has NSA in damage-control mode, spy agency official tells Lancaster audience - LancasterOnline

Early last month, Director of National Intelligence Dan CoatsDan CoatsGranting NSA permanent bulk surveillance authority would be a mistake Sessions, deputy AG to tour Guantanamo Bay prison The Memo: GOP pushes Trump to curb Mueller attacks MOREreneged on a promisethat the National Security Agency would provide an estimate of just how many Americans have seen their communications collected under Section 702 of the Foreign Intelligence Surveillance Act. It was the same broken promise made to Congress by his predecessor, James Clapper.

Indeed, for the past six years, the NSA has flummoxed congressional oversight with its reluctance to give lawmakers this kind of hard data. And yet, despite this pattern of obfuscation of promising transparency and then dialing back said promisesCongress is now debating a bill that would give immense power to that same agency.

The legislation, which has left many privacy advocates aghast, comes in the form ofa proposalby Sen. Tom CottonTom CottonOvernight Finance: GOP goes after arbitration rule | Bill allocates .6B for Trump border wall | Fed officials cautious on rate hike | McConnell aiming for debt vote before August recess Overnight Regulation: GOP senator aims to repeal arbitration rule | Feds to rethink fuel efficiency fines | EPA moves to roll back restrictions on Alaska mine Lawmakers press Sessions over online gambling MORE (R-Ark.) for a so-called "clean" reauthorization that would leave the current Section 702 intact. Of course, it isn't actually clean, in that Cotton's bill would remove the sunset provision that forces the program to expireDec. 31unless Congress explicitly re-authorizes it. In other words, even as Coats now deems it infeasible that the NSA will ever tell Congress how many Americans have been surveilled under Section 702a number that likely would shock the conscienceCotton wants to ensure 702 is never up for debate again.

Coatsexplainedto the Senate Intelligence Committee last month that the NSA ended about collectionthat is, the practice of collecting digital communications in which a foreign target is mentioned, but is not the sender or recipientdue to technical limitations on the agency's ability to protect wholly domestic communications. However, he didnt rule out resuming about collection if the agency discovers a technological fix. Paul Morris, deputy general counsel for operation at the NSA,toldthe Senate Judiciary Committee several weeks later they might decide to come back to it anytime. NSA representatives also havewarnedthey would oppose a permanent legislative ban on this type of collection.

A recurring theme from law-enforcement and intelligence community representatives in recent House and Senate hearings is that technological developments can drastically change how government conducts surveillance. But even as agency representatives tell us how rapidly surveillance methods change, a permanent reauthorization of current surveillance methods presumes that future revolutions in technology won't affect Americans relative privacy. Not long ago, few could have conceived of an email or that it would become a major tool of communication.

If the intelligence community decides to resume about collection, a method proven to have violated Americans rights in the past, Congresss oversight role should not be hamstrung by a permanent reauthorization. Eliminating the law's sunset provision would limit Congress's ability to revisit these questions and examine exactly how surveillance methods might change in the future. With far-reaching technological change always looming, Congress must periodically revisit the legal authority behind these intelligence tools both to ensure they remain effective at protecting the nation, and that adapting an old law to new technologies doesnt open the door to abuse.

Establishing a sunset for the program shouldnt be anathema to those who are primarily concerned with national security. To the contrary, it is the best way to ensure the program remains viable and accomplishes the purpose of keeping Americans safe. Permanent reauthorization would limit any attempts to modify surveillance. It also increases the risk of another leak and public outcry, which easily leads to a knee-jerk reaction. Intelligence agencies could shy away from reasonable and effective procedures, absent any obligation to report to congressional oversight.

A kid genius working from a basement today may change the way our systems work tomorrow, crippling the effectiveness of Section 702 or opening the door to abuse. Giving law enforcement and the intelligence community's great power without built in opportunities to revisit that authorization would be a disservice to the security and civil rights of the American people. In the end, the most critical reform to Section 702 might already be part of thestatus quo.

Arthur Rizer(@ArthurRizer)is the national security and justice policy director at the R Street Institute, and Ashkhen Kazaryan (@Ashkhen) is an affiliated fellow at the non-profit TechFreedom.

The views expressed by contributors are their own and are not the views of The Hill.

See more here:
Granting NSA permanent bulk surveillance authority would be a mistake - The Hill (blog)