Australia’s largest telco stored data for FBI

Telstra, Australia’s largest phone company, stored emails and phone calls to be handed over to US intelligence upon request, according to an agreement it signed in 2001 with the FBI and US Department of Justice.

The copy of the 12-year-old agreement, which was posted online on Friday by news website Crikey, is in confirmation of this week’s earlier leak by Edward Snowden, revealing that large amounts of communication data sent around the world via undersea cables could be intercepted by the US, based on the agreements federal agents signed with foreign corporations.

According to the leaked document, undersea cabling company Reach – a joint venture of Telstra (then 50.1 percent-owned by the Australian Government) and PCCW, a Hong Kong corporation – had to send all communications to or from US to a storage facility “physically located in the United States, from which Electronic Surveillance can be conducted pursuant to Lawful US Process.” The document also specifies the facility should be run exclusively by US staff.

The US demanded the ability to have access to all emails and phone calls between the US and other countries, meaning foreign citizens also had their data landing in America. Apart from the content of communications, Reach was supposed to supply call associated data, subscriber information and billing records.

Those were to be stored on American soil for no less than two years.

The Australian Greens Party has called on Telstra to “immediately disclose details” of the deal, which allowed “the FBI and US Department of Justice to monitor calls and data traffic via the company's undersea cables,” according to the party’s website.

“This is an extraordinary breach of trust, invasion of privacy, and erosion of Australia’s sovereignty,” Greens Party Senator Scott Ludlam said.

Telstra has meanwhile issued a statement justifying the deal.

"This agreement, at that time 12 years ago, reflected Reach's operating obligations in the US that require carriers to comply with US domestic law," the statement says.

The disclosure of the deal between the Australian telco and the US intelligence comes in the wake of Edward Snowden’s disclosures detailing a top-secret NSA surveillance program.

The White House continues to justify the practices as legally-authorized amid mounting criticism from the public and politicians. Snowden is seeking asylum to avoid prosecution in the US, where he is accused under the Espionage Act.


RT


Related:
Luxembourg PM resigns over spying scandal
Sheeple Waking Up To NSA Spying: Privacy Search Engines Booming
How to Keep the NSA at Bay: The Tricks From Privacy Experts
French President Hollande Gives Obama An Ultimatum


   

U.S. Postal Service Logging All Mail for Law Enforcement

Leslie James Pickering, the owner of a bookstore in Buffalo, was targeted by a tracking program from the United States Postal Service.

Leslie James Pickering noticed something odd in his mail last September: a handwritten card, apparently delivered by mistake, with instructions for postal workers to pay special attention to the letters and packages sent to his home.

“Show all mail to supv” — supervisor — “for copying prior to going out on the street,” read the card. It included Mr. Pickering’s name, address and the type of mail that needed to be monitored. The word “confidential” was highlighted in green.

“It was a bit of a shock to see it,” said Mr. Pickering, who with his wife owns a small bookstore in Buffalo. More than a decade ago, he was a spokesman for the Earth Liberation Front, a radical environmental group labeled eco-terrorists by the Federal Bureau of Investigation. Postal officials subsequently confirmed they were indeed tracking Mr. Pickering’s mail but told him nothing else.

As the world focuses on the high-tech spying of the National Security Agency, the misplaced card offers a rare glimpse inside the seemingly low-tech but prevalent snooping of the United States Postal Service.

Mr. Pickering was targeted by a longtime surveillance system called mail covers, a forerunner of a vastly more expansive effort, the Mail Isolation Control and Tracking program, in which Postal Service computers photograph the exterior of every piece of paper mail that is processed in the United States — about 160 billion pieces last year. It is not known how long the government saves the images.

Together, the two programs show that postal mail is subject to the same kind of scrutiny that the National Security Agency has given to telephone calls and e-mail.

The mail covers program, used to monitor Mr. Pickering, is more than a century old but is still considered a powerful tool. At the request of law enforcement officials, postal workers record information from the outside of letters and parcels before they are delivered. (Opening the mail would require a warrant.) The information is sent to the law enforcement agency that asked for it. Tens of thousands of pieces of mail each year undergo this scrutiny.

The Mail Isolation Control and Tracking program was created after the anthrax attacks in late 2001 that killed five people, including two postal workers. Highly secret, it seeped into public view last month when the F.B.I. cited it in its investigation of ricin-laced letters sent to President Obama and Mayor Michael R. Bloomberg. It enables the Postal Service to retrace the path of mail at the request of law enforcement. No one disputes that it is sweeping.

“In the past, mail covers were used when you had a reason to suspect someone of a crime,” said Mark D. Rasch, who started a computer crimes unit in the fraud section of the criminal division of the Justice Department and worked on several fraud cases using mail covers. “Now it seems to be, ‘Let’s record everyone’s mail so in the future we might go back and see who you were communicating with.’ Essentially you’ve added mail covers on millions of Americans.”

Bruce Schneier, a computer security expert and an author, said whether it was a postal worker taking down information or a computer taking images, the program was still an invasion of privacy.

“Basically they are doing the same thing as the other programs, collecting the information on the outside of your mail, the metadata, if you will, of names, addresses, return addresses and postmark locations, which gives the government a pretty good map of your contacts, even if they aren’t reading the contents,” he said.

But law enforcement officials said mail covers and the automatic mail tracking program are invaluable, even in an era of smartphones and e-mail.

In a criminal complaint filed June 7 in Federal District Court for the Eastern District of Texas, the F.B.I. said a postal investigator tracing the ricin letters was able to narrow the search to Shannon Guess Richardson, an actress in New Boston, Tex., by examining information from the front and back images of 60 pieces of mail scanned immediately before and after the tainted letters sent to Mr. Obama and Mr. Bloomberg showing return addresses near her home. Ms. Richardson had originally accused her husband of mailing the letters, but investigators determined that he was at work during the time they were mailed.

In 2007, the F.B.I., the Internal Revenue Service and the local police in Charlotte, N.C., used information gleaned from the mail cover program to arrest Sallie Wamsley-Saxon and her husband, Donald, charging both with running a prostitution ring that took in $3 million over six years. Prosecutors said it was one of the largest and most successful such operations in the country. Investigators also used mail covers to help track banking activity and other businesses the couple operated under different names.

Other agencies, including the Drug Enforcement Administration and the Department of Health and Human Services, have used mail covers to track drug smugglers and Medicare fraud.

“It’s a treasure trove of information,” said James J. Wedick, a former F.B.I. agent who spent 34 years at the agency and who said he used mail covers in a number of investigations, including one that led to the prosecution of several elected officials in California on corruption charges. “Looking at just the outside of letters and other mail, I can see who you bank with, who you communicate with — all kinds of useful information that gives investigators leads that they can then follow up on with a subpoena.”

But, he said: “It can be easily abused because it’s so easy to use and you don’t have to go through a judge to get the information. You just fill out a form.”

For mail cover requests, law enforcement agencies submit a letter to the Postal Service, which can grant or deny a request without judicial review. Law enforcement officials say the Postal Service rarely denies a request. In other government surveillance programs, like wiretaps, a federal judge must sign off on the requests.

The mail cover surveillance requests are granted for about 30 days, and can be extended for up to 120 days. There are two kinds of mail covers: those related to criminal activity and those requested to protect national security. Criminal activity requests average 15,000 to 20,000 per year, said law enforcement officials, who spoke on the condition of anonymity because they are prohibited by law from discussing them. The number of requests for antiterrorism mail covers has not been made public.

Law enforcement officials need warrants to open the mail, although President George W. Bush asserted in a signing statement in 2007 that the federal government had the authority to open mail without warrants in emergencies or in foreign intelligence cases.

Court challenges to mail covers have generally failed because judges have ruled that there is no reasonable expectation of privacy for information contained on the outside of a letter. Officials in both the Bush and Obama administrations, in fact, have used the mail-cover court rulings to justify the N.S.A.’s surveillance programs, saying the electronic monitoring amounts to the same thing as a mail cover. Congress briefly conducted hearings on mail cover programs in 1976, but has not revisited the issue.

The program has led to sporadic reports of abuse. In May 2012, Mary Rose Wilcox, a Maricopa County supervisor in Arizona, was awarded nearly $1 million by a federal judge after winning a lawsuit against Sheriff Joe Arpaio. The sheriff, known for his immigration raids, had obtained mail covers from the Postal Service to track her mail. The judge called the investigation into Ms. Wilcox politically motivated because she had been a frequent critic of Mr. Arpaio’s, objecting to what she considered the targeting of Hispanics in his immigration sweeps. The case is being appealed.

In the mid-1970s the Church Committee, a Senate panel that documented C.I.A. abuses, faulted a program created in the 1950s in New York that used mail covers to trace and sometimes open mail going to the Soviet Union from the United States.

A suit brought in 1973 by a high school student in New Jersey, whose letter to the Socialist Workers Party was traced by the F.B.I. as part of an investigation into the group, led to a rebuke from a federal judge.

Postal officials refused to discuss either mail covers or the Mail Isolation Control and Tracking program.

Mr. Pickering says he suspects that the F.B.I. requested the mail cover to monitor his mail because a former associate said the bureau had called with questions about him. Last month, he filed a lawsuit against the Postal Service, the F.B.I. and other agencies, saying they were improperly withholding information.

A spokeswoman for the F.B.I. in Buffalo declined to comment.

Mr. Pickering said that although he was arrested two dozen times for acts of civil disobedience and convicted of a handful of misdemeanors, he was never involved in the arson attacks the Earth Liberation Front carried out. He said he became tired of focusing only on environmental activism and moved back to Buffalo to finish college, open his bookstore, Burning Books, and start a family.

“I’m no terrorist,” he said. “I’m an activist.”

Mr. Pickering has written books sympathetic to the liberation front, but he said his political views and past association should not make him the target of a federal investigation. “I’m just a guy who runs a bookstore and has a wife and a kid,” he said.

This article has been revised to reflect the following correction:

Correction: July 3, 2013

An earlier version of this article misstated the Justice Department position once held by Mark Rasch. He started a computer crimes unit in the criminal division’s fraud section, but he was not the head of its computer crimes unit, which was created after his departure. 

New York Times

  

FBI Planned to Kill Occupy Leaders

Would you be shocked to learn that the FBI apparently knew that some organization, perhaps even a law enforcement agency or private security outfit, had contingency plans to assassinate peaceful protestors in a major American city — and did nothing to intervene?

Would you be surprised to learn that this intelligence comes not from a shadowy whistle-blower but from the FBI itself – specifically, from a document obtained from Houston FBI office last December, as part of a Freedom of Information Act (FOIA) request filed by the Washington, DC-based Partnership for Civil Justice Fund?

To repeat: this comes from the FBI itself. The question, then, is: What did the FBI do about it?


The Plot

Remember the Occupy Movement? The peaceful crowds that camped out in the center of a number of cities in the fall of 2011, calling for some recognition by local, state and federal authorities that our democratic system was out of whack, controlled by corporate interests, and in need of immediate repair?

That movement swept the US beginning in mid-September 2011. When, in early October, the movement came to Houston, Texas, law enforcement officials and the city’s banking and oil industry executives freaked out  perhaps even more so than they did in some other cities. The push-back took the form of violent assaults by police on Occupy activists, federal and local surveillance of people seen as organizers, infiltration by police provocateurs—and, as crazy as it sounds, some kind of plot to assassinate the “leaders” of this non-violent and leaderless movement.

But don’t take our word for it. Here’s what the document obtained from the Houston FBI, said:

 An identified [DELETED] as of October planned to engage in sniper attacks against protestors (sic) in Houston, Texas if deemed necessary. An identified [DELETED] had received intelligence that indicated the protesters in New York and Seattle planned similar protests in Houston, Dallas, San Antonio and Austin, Texas. [DELETED] planned to gather intelligence against the leaders of the protest groups and obtain photographs, then formulate a plan to kill the leadership via suppressed sniper
rifles. (Note: protests continued throughout the weekend with approximately 6000 persons in NYC. ‘Occupy Wall Street’ protests have spread to about half of all states in the US, over a dozen European and Asian cities, including protests in Cleveland (10/6-8/11) at Willard Park which was initially attended by hundreds of protesters.)




Occupiers Astounded—But Not Entirely

Paul Kennedy, the National Lawyers Guild attorney in Houston who represented a number of Occupy Houston activists arrested during the protests, had not heard of the sniper plot, but said, “I find it hard to believe that such information would have been known to the FBI and that we would not have been told about it.”  He then added darkly, “If it had been some right-wing group plotting such an action, something would have been done. But if it is something law enforcement was planning, then nothing would have been done. It might seem hard to believe that a law enforcement agency would do such a thing, but I wouldn’t put it past them.”

He adds, “The use of the phrase ‘if deemed necessary,’ sounds like it was some kind of official organization that was doing the planning.” In other words, the “identified [DELETED” mentioned in the Houston FBI document may have been some other agency with jurisdiction in the area, which was calculatedly making plans to kill Occupy activists.

Kennedy knows first-hand the extent to which combined federal-state-local law enforcement forces in Houston were focused on disrupting and breaking up the Occupy action in that city. He represented seven people who were charged with felonies for a protest that attempted to block the operation of Houston’s port facility. That case fell apart when in the course of discovery, the prosecution disclosed that the Occupiers had been infiltrated by three undercover officers from the Austin Police department, who came up with the idea of using a device called a “sleeping dragon” -- actually chains inside of PVC pipe -- which are devilishly hard to cut through, for chaining protesters together blocking port access. The police provocateurs, Kennedy says, actually purchased the materials and constructed the “criminal instruments” themselves, supplying them to the protesters. As a result of this discovery, the judge tossed out the felony charges.


FBI Response

WhoWhatWhy contacted FBI headquarters in Washington, and asked about this document—which, despite its stunning revelation and despite PCFJ press releases, was (notwithstanding a few online mentions) generally ignored by mainstream and “alternative” press alike.

The agency confirmed that it is genuine and that it originated in the Houston FBI office. (The plot is also referenced in a second document obtained in PCJF’s FOIA response, in this case from the FBI’s Gainesville, Fla., office, which cites the Houston FBI as the source.)  That second document actually suggests that the assassination plot, which never was activated, might still be operative should Occupy decisively re-emerge in the area. It states:

On 13 October 20111, writer sent via email an excerpt from the daily [DELETED] regarding FBI Houston’s [DELETED] to all IAs, SSRAs and SSA [DELETED] This [DELETED] identified the exploitation of the Occupy Movement by [LENGTHY DELETION] interested in developing a long-term plan to kill local Occupy leaders via sniper fire.

Asked why solid information about an assassination plot against American citizens exercising their Constitutional right to free speech and assembly never led to exposure of the plotters’ identity or an arrest—as happened with so many other terrorist schemes the agency has publicized—Paul Bresson, head of the FBI media office, offered a typically elliptical response:

The FOIA documents that you reference are redacted in several places pursuant to FOIA and privacy laws that govern the release of such information so therefore I am unable to help fill in the blanks that you are seeking.  Exemptions are cited in each place where a redaction is made.  As far as the question about the murder plot, I am unable to comment further, but rest assured if the FBI was aware of credible and specific information involving a murder plot, law enforcement would have responded with appropriate action.

Note that the privacy being “protected” in this instance (by a government that we now know has so little respect for our privacy) was of someone or some organization that was actively contemplating violating other people’s Constitutional rights— by murdering them. That should leave us less than confident about Bresson’s assertion that law enforcement would have responded appropriately to a “credible” threat.


Houston Cops Not Warned?

The Houston FBI office stonewalled our requests for information about the sniper-rifle assassination plot and why nobody was ever arrested for planning to kill demonstrators. Meanwhile, the Houston Police, who had the job of controlling the demonstrations, and of maintaining order and public safety, displayed remarkably little interest in the plot:  “We haven’t heard about it,” said Keith Smith, a public affairs officer for the department, who told us he inquired about the matter with senior department officials.

Asked whether he was concerned that, if what he was saying was correct, it meant the FBI had not warned local police about a possible terrorist act being planned in his city, he said, “No. You’d have to ask the Houston FBI about that.”


Craft International Again

Sniper action by law enforcement officials in Texas would not be anything new. Last October, a border patrol officer with the Texas Department of Public Safety, riding in a helicopter, used a sniper rifle to fire at a fast-moving pickup truck carrying nine illegal immigrants into the state from Mexico, killing two and wounding a third, and causing the vehicle to crash and overturn. It turns out that Border Patrol agents, like a number of Texas law enforcement organizations, had been receiving special sniper training from a Dallas-based mercenary-for-hire organization called Craft International LLC.  It seems likely that Houston Police have also received such training, possibly from Craft, which has a contract for such law-enforcement training funded by the US Department of Homeland Security.

Efforts to obtain comment from Craft International have been unsuccessful, but the company’s website features photos of Craft instructors training law enforcement officers in sniper rifle use (the company was founded in 2009 by Chris Kyle, a celebrated Army sniper who last year was slain by a combat veteran he had accompanied to a shooting range). A number of men wearing Craft-issued clothing and gear, and bearing the company’s distinctive skull logo, were spotted around the finish line of the April Boston Marathon, both before and after the bombing. Some were wearing large black backpacks with markings resembling what was seen on an exploded backpack image released by the FBI.(For more on the backpacks that allegedly contained the bombs, see this piece we did in May.)


An Activist Responds

Remington Alessi, an Occupy Houston activist who played a prominent role during the Occupy events, was one of the seven defendants whose felony charge was dropped because of police entrapment. He says of the sniper plot information, which first came to light last December as one of hundreds of pages of FBI files obtained by PCJF, “We have speculated heavily about it. The ‘if deemed necessary’ phrase seems to indicate it was an organization. It could have been the police or a private security group.”

Alessi, who hails from a law-enforcement family and who ran last year for sheriff of Houston’s Harris County on the Texas Green Party ticket, garnering 22,000 votes, agrees with attorney Kennedy that the plotters were not from some right-wing organization. “If it had been that, the FBI would have acted on it,” he agrees. “I believe the sniper attack was one strategy being discussed for dealing with the occupation.” He adds:

I assume I would have been one of the targets, because I led a few of the protest actions, and I hosted an Occupy show on KPFT.  I wish I could say I’m surprised that this was seriously discussed, but remember, this is the same federal government that murdered (Black Panther Party leader) Fred Hampton. We have a government that traditionally murders people who are threats. I guess being a target is sort of an honor.

There, Alessi is referring to evidence made public in the Church Committee hearings of the 1970s which revealed that the FBI was orchestrating local police attacks (in Chicago, San Francisco and New York) on Panther leaders. (For more on that, see this, starting at p. 185, esp. pp. 220-223; also see this .)

Alessi suspects that the assassination plot cited in the FBI memo was

probably developed in the Houston Fusion Center (where federal, state and local intelligence people work hand-in-glove). During our trial we learned that they were all over our stuff, tracking Twitter feeds etc.  It seems to me that based on the access they were getting they were using what we now know as the NSA’s PRISM program.

He notes, correctly, that in documents obtained from the FBI and Homeland Security by the PCJF’s FOIA search, the Occupy Movement is classed as a “terrorist” activity.

Ironically, while the Occupy Movement was actually peaceful, the FBI, at best, was simply standing aside while some organization plotted to assassinate the movement’s prominent activists.

The FBI’s stonewalling response to inquiries about this story, and the agency’s evident failure to take any action regarding a known deadly threat to Occupy protesters in Houston, will likely make protesters at future demonstrations look differently at the sniper-rifle equipped law-enforcement personnel often seen on rooftops during such events. What are they there for? Who are the threats they are looking for and potentially targeting? Who are they protecting?  And are they using “suppressed” sniper rifles?  Would this indicate they have no plans to take responsibility for any shots silently fired?  Or that they plan to frame someone else?


Dave Lindorff