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Secret FISA Court Extends NSA Phone Spying

November 7, 2020 | News | No Comments

The secretive U.S. Foreign Intelligence Surveillance Court has approved a request made by the National Security Agency (NSA) to continue its dragnet collection of records on all U.S. phone calls.

In what it claimed to be move for transparency, the office of the Director of National Intelligence James Clapper made the announcement late Friday.

Clapper “has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority,” the office’s statement read.

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This disclosure is “consistent with his prior declassification decision and in light of the significant and continuing public interest in the telephony metadata collection program,” it continued.

However, as Sen. Patrick Leahy (D-Vt.)—who is among a handful of U.S. lawmakers currently drafting respective bills that claim to prohibit the NSA from conducting bulk data collection in the future—made clear that Clapper’s nod towards “transparency” was superficial at face value.

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“While I appreciate the recent efforts by the Court and the administration to be more transparent, it is clear that transparency alone is not enough,” said Leahy.

“There is growing bipartisan consensus that the law itself needs to be changed in order to restrict the ability of the government to collect the phone records of millions of law-abiding Americans,” Leahy added.

Clapper, sparked outrage when it was revealed earlier this year that he “outright lied” to the U.S. Senate Intelligence Committee when said the NSA does not collect data on U.S. citizens, shortly after the first NSA revelations had been published.

The NSA’s mass collection of private phone data was among the first revelations exposed to the public by NSA whistleblower Edward Snowden.

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Given access to a large trove of the NSA documents leaked by whistleblower Edward Snowden, the New York Times has published an aerial view of the agency—cataloging numerous and varied surveillance programs—which the paper says shows that President Obama and other high-ranking officials who defend the agency by citing its counterterrorism credentials are using “a misleadingly narrow sales pitch for an agency with an almost unlimited agenda.”

Though critical and informative on many levels, however, the approach and perhaps unintended consequences of the story raises some questions.

According to the Times, “the scale and aggressiveness” of the NSA’s global spying apparatus detailed in the Snowden documents “are breathtaking.”

And in three key paragraphs, the Times rattled off a series of acronym-laden programs and clandestine cyber-operations conducted by the NSA:

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However, despite the scale and scope of the Times’ reporting on the documents, it was difficult for some to avoid the feeling that part of the exhaustive review was designed to scuttle future—perhaps more detailed—reporting on the same programs.

Unlike most other reporting so far done on the leaked NSA documents, which seem to have followed a more deliberate kind of approach by looking at one surveillance program or revelation at a time, the decision to publish a single feature-length piece on numerous programs raised the ire of some.

As the transparency advocacy group Wikileaks responded:

The reference is to former Bobby Inman, who directed the NSA himself in the late 70s and early 80s. For those who  think the Times‘ rapid-fire review of the Snowden documents might, in fact, serve the interests of the agency over the public, Inman’s unsolicited advice to his former employer serves as an interesting clue.

“My advice would be to take everything you think Snowden has and get it out yourself,” Inman told the Times. “It would certainly be a shock to the agency. But bad news doesn’t get better with age. The sooner they get it out and put it behind them, the faster they can begin to rebuild.”

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As access continues to open to the areas worst hit by Super Typhoon Haiyan in the Philippines over the weekend, scenes of total destruction are emerging alongside a growing humanitarian disaster.

With the death toll previously reported at 10,000 people or more the new phase of the calamity is now being experienced by those who survived the terrifying storm but now face a crippled infrastructure with little or no access to food, water, electricity, or even basic medical care.

“The scene is one of utter devastation.” Tata Abella-Bolo, Oxfam International

With relief organizations and the government mobilizing to search for survivors and deliver aid to the victims of the storm, the reports, images, and video footage from the islands and communities hardest hit—some of them leveled completely by storm surges and wind gusts from one of the most powerful tropical storms ever recorded—showed the extent of Haiyan’s destructive force.

“The scene is one of utter devastation,” said Tata Abella-Bolo, a member of Oxfam International’s emergency team on the central island of Cebu. “There is no electricity in the entire area and no water. Local emergency food stocks have been distributed but stocks are dwindling. The immediate need is for water, both for drinking and cleaning.”

The team reported that nearly all the houses and buildings in the areas they visited were damaged, with power lines down and no electricity in the entire municipality. The team spoke of seeing children begging for help, holding up signs that read: “Help. We need water, food and medicines.”

Oxfam warns that there at least 18 million people living in the worst affected regions and that millions more have been negatively impacted across the nation.

At a government press conference, Cabinet Secretary Rene Almendras said, “The situation is bad, the devastation has been significant. In some cases the devastation has been total.”

“The only reason why we have no reports of casualties up to now is that communications systems … are down,” added Colonel John Sanchez of the Philippines armed forces.

Showing newly available aerial photographs from eastern islands that took the brunt of the storm’s wrath, Sanchez added, “One hundred percent of the structures either had their roofs blown away or sustained major damage.”

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As the Associated Press reports:

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U.S. lawmakers will allow the essential food aid program Supplemental Nutrition Assistance Program (SNAP) to lose $5 billion in funding when a stimulus boost ends on Friday.

The massive blow to the program means that the roughly 47 million people with food stamp assistance—that’s one in every seven Americans, 49 percent of whom are children—will have their monthly assistance gouged.

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As Colorlines reports, “The total cuts will amount to about a five percent reduction for families who already struggle to make ends meet, and some states already began making cuts.”

“Instead of receiving an average of a buck-fifty for a meal, individuals in need of food assistance will get about $1.40,” explains Greg Kaufmann, poverty correspondent for The Nation. “For families of three, the cut means they will receive $29 less in food stamps every month.”

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The Nov. 1 benefit cuts “will be close to catastrophic for many people,” said Ross Fraser, spokesman for Feeding America. According to the group’s recent analysis, the SNAP cuts will result in a loss of roughly 2 billion meals for poor families over the course of 2014.

A lack of support for the SNAP program in Congress was obvious this week as lawmakers resumed talks on Wednesday over a Farm Bill that will inevitably include even deeper cuts to the program. The House has already passed a bill that would cut food stamps by $39 billion over the next 10 years, and the Senate’s farm bill is slated to cut program by $4.5 billion in the same time period.

Either way, families in need who are already losing big this week are set to lose more.

“People are living at the margins,” said Ellen Vollinger, legal director and SNAP advocate at the Food Research and Action Center. “It’s not an abstract metric for people. It’s actual dollars to keep food in the refrigerator.”

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The cardiovascular health of kids across the globe has fallen, according to research presented Tuesday at a meeting of the American Heart Association.

Today’s kids are running more slowly and with less endurance than their parents did, the researchers found.

Based on an analysis of data covering 1964 to 2010, the study found that kids now are about 15 percent less heart healthy than their parents were as youngsters. In the U.S., the study found that from 1970 to  2000 kids’ cardiovascular endurance fell an average of 6 percent per decade.

And this doesn’t bode well for the young generation, stated Grant Tomkinson, Ph.D., lead author of the study and senior lecturer in the University of South Australia’s School of Health Sciences, because “The most important type of fitness for good health is cardiovascular fitness.”

“If a young person is generally unfit now, then they are more likely to develop conditions like heart disease later in life,” Tomkinson stated.

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There’s also the connection to being overweight or obese.  “In fact, about 30 percent to 60 percent of the declines in endurance running performance can be explained by increases in fat mass,” Tomkinson said.

The decline in cardiovascular health “makes sense,” said Dr. Stephen Daniels, a University of Colorado pediatrician and spokesman for the heart association. “We have kids that are less active than before.”

Today adds:

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“The face of tar sands resistance in the Northwest” appeared again on Monday when 16 people were arrested in Oregon after blockading a “megaload” of equipment on its way to the Athabasca oil fields in Alberta, Canada.

Organizers with the climate activism group Portland Rising Tide say protesters set up two blockade sites along Highway 26 near the town of John Day, locking themselves to disabled vehicles in front of the 376-foot long, 901,000-lb load carrying a heat exchanger to be used in tar sands extraction.

While the activists succeeded in at least temporarily halting the transport of equipment, Portland Rising Tide says police used “pain compliance to extract” the four protesters who had locked themselves to the two vehicles, and aggressively arrested others “who were actively trying not to obstruct the load or police activity.”

Among the arrested were the group’s photographers and videographers.

“Transporting loads of such sizes presents a huge threat to rural Oregon’s roads, and rivers,” said Nicole Brown, who grew up in Eastern Oregon and was present at the actions last night. “Law enforcement should focus on protecting Oregon’s roads and rivers and people, rather than multinational fossil fuel interests.”

Portland Rising Tide says that a similar megaload toppled last week in Gladstone, Ore., blocking part of I-205 for hours.

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“Are they creating jobs in our communities? No, they want to extract the dirtiest oil in the world and send it overseas at the expense of communities and the climate,” Brown stated.

Weather, mountain roads and protests have already slowed down the megaload’s travel. It now heads east into Idaho and then into Montana before reaching the Alberta tar sands.

It is the first of three megaloads scheduled to pass through Oregon.

Monday’s blockade follows a similar action earlier in the month, when Rising Tide activists and Umatilla tribal members blockaded a megaload of tar sands equipment near the Port of Umatilla in Oregon. In August members of the Nez Perce tribe and others halted a similar megaload of equipment making its way along Idaho’s Highway 12 to the Alberta tar sands fields.

Within the last two weeks, Portland Rising Tide has also occupied offices of megaload shipper Omega Morgan as well as the office of a General Electric subsidiary that makes equipment for what the group has called “the most destructive and outmoded, fossil fuel extraction undertaking on Earth: Alberta tar sands mining.”

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Privacy advocates and a prominent civil liberties group sued the U.S. government on Monday, demanding disclosure of how key spy agencies and the executive branch interpret and execute legal authorities that govern a vast foreign electronic surveillance program that also sweeps up the communication data of millions of Americans each year.

Filed in a district court in New York, the suit was filed jointly by the ACLU and the Media Freedom and Information Access Clinic at Yale Law School and called on the National Security Agency, the CIA, and the Defense, Justice, and State Departments to offer details about how Executive Order 12,333 guides the collection and processing of billions of phone and internet records around the world.

ACLU staff attornery Alex Abdo, writing at his organization’s blog, explained that the suit was prompted by recent newspaper revelations made possible by leaks by Edward Snowden. Abdo described EO 12,333 as the “most important surveillance order we know almost nothing about,” explaining:

The legal complaint filed by the groups seeks access to relevant documents that will show how the government is interpreting the authority given to it under the executive order—which was first signed in 1981, long before the technical capabilities now available to the NSA were developed.

Part of what the Snowden leaks exposed recently was the way in which the NSA uses both domestic and foreign internet interchanges and data hubs owned by companies like Google and Yahoo to sweep up the international communications of people living or traveling across the globe.

Separate stories based in internal NSA dcouments show how the NSA is able to track cell phone locations across the globe and that Americans traveling abroad are also targeted by the same technology. It remains unclear how the information collected abroad or surveillance against foreign targets is sifted from that of Americans who enjoy, in theory at least, special protections from being spied on by their own government.

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As the complaint itself reads:

And Abdo continues:

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Disney has pulled the plug on a pro-fracking and drilling tour of elementary schools and science centers across Ohio, bankrolled by the state’s oil and gas industry, after drawing fury from environmental activists and concerned parents.

Yet critics charge Disney’s withdrawal, which was announced publicly on Thursday, falls short. “This is an important first step, but we want a policy to ensure children are not having fossil fuel energy promoted to them in Radio Disney’s programs across the country,” said Lisa Hoyos, director of the group Climate Parents that played a lead role in the campaign against Disney, in an interview with Common Dreams.

Billed as an educational program, “Rocking in Ohio” visited elementary schools and science centers across the state, with a total of 26 stops last month. It was led by Radio Disney staffers based in Cleveland, who presented workshops promoting oil and gas pipelines to youth attendees. The presentations created party-like atmospheres with thumping pop music and pipeline-building contests, in what critics have slammed as propaganda for the oil and gas industry in a state that is ground zero for fracking.

All of the program’s funding came from the Ohio Oil and Gas Energy Education Program (OOGEEP), which is in turn funded by the state’s oil and gas industry.

Radio Disney, which does nation-wide youth programming, had planned to bring the tour to other states if proven a success, The Hill reports.

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Yet before they could go nation-wide, “Rocking in Ohio” sparked an outraged response.

A Climate Parents petition declaring, “Radio Disney should not—under the guise of teaching kids “science”—promote dirty energy that that gives kids asthma, pollutes our air and water, and fuels climate change,” has garnered over 80,000 signatures.

The Sierra Club called for critics to take to Twitter and rename popular Disney movies to reflect the corporation’s pro-fracking stance. Responses included “Beauty and the Benzene” (Josh Fox @gaslandmovie) and “Honey I Shrunk the Amount of Well Water We Can Drink” (Heather M @RaptorH).

Disney released a statement to Al Jazeera America on Thursday proclaiming the corporation’s withdrawal from the program. “The sole intent of the collaboration between Radio Disney and the nonprofit Rocking in Ohio educational initiative was to foster kids’ interest in science and technology,” it reads. “Having been inadvertently drawn into a debate that has no connection with this goal, Radio Disney has decided to withdraw from the few remaining installments of the program.”

Yet, Hoyos said the announcement fell short of Climate Parents’ call for the corporation to halt “dirty energy” programming nation-wide. “There is no acknowledgement that what they were doing was bad judgement,” she said. “They give presentations to kids at schools and science fairs and museums across the country. What is there to ensure that they are not going to do this again?”

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After news of positive COVID-19 tests at the WWE Performance Center on Friday came to light Tuesday night, there were questions as to whether fans who were scheduled to attend Wednesday’s NXT taping would still be allowed to do so.

Dave Meltzer is reporting that WWE has confirmed with those fans that they can attend as previously planned if they passed their required COVID-19 test. It’s unknown how many fans passed their tests, but there were initially scheduled to be 100 in attendance tonight. Fans were tested in Winter Park, Florida, Tuesday, part of the regular weekly procedure to attend.

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There is still no additional news on the extent of the positive tests and how they will affect tonight’s Halloween Havoc show. Performance Center attendees on Friday were asked to quarantine for two weeks due to contact tracing, regardless whether they tested positive or negative,

This marks the second straight month there haS been COVID-19 issues at the Performance Center.

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Former F1 driver Jolyon Palmer says crashing behind a Safety Car is “cardinal sin” for a driver, but also a gaffe that is a lot easier to do than one might imagine.

Russell was caught out during the Safety Car period that occurred in the closing stages of last Sunday’s Emilia Romagna GP when he applied too much throttle while trying to keep his tyres warm.

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The Williams driver suddenly veered off course on the approach to the first Acque Minerali chicane, hitting the barriers and putting himself out of contention for a potential maiden top-ten finish in F1.

A distraught Russell quickly owned up to his mistake, but Palmer believes there were mitigating circumstances surrounding the Briton’s blunder.

“Russell was unfortunate in being the last car that race leader Lewis Hamilton had lapped before the Safety Car was deployed, which meant that he was the first driver the Safety Car picked up behind the leader, and when Hamilton pitted for new tyres Russell became the car directly behind the Safety Car,” Palmer explained in a feature for Formula1.com.

“This all meant he had been there the longest of anyone – nearly a full lap more than others on hard tyres, Ricciardo, Leclerc and Albon.

“Russell spent a lap and a half following the Safety Car before his crash and it was obvious the tyre temps were dropping as he fought the car slightly coming out of Tosa, just moments before dropping it fully into the wall as the rear wheels span up again over a slight bump on the run down to Acque Minerale.”

Palmer sympathized with Russell’s predicament as he remembered a mistake of his own behind the Safety car at Monaco in 2016.

“Crashing out from behind the Safety Car is a cardinal sin in Formula 1, particularly if you are running in the top 10 and have never previously scored a point, but it’s actually far easier to do than anyone watching on could imagine, and that is why we do see it from time to time,” said the former Renault driver.

“When track temperatures are high and you are on soft tyres, this sort of thing doesn’t happen, but when that is not the case, it is possible, and George Russell sadly found out the hard way on Sunday.

    Russell blunder ‘part of the development process’ – Wolff

“We see it from time to time in pre-season testing as well, when cars have silly-looking spins on the cold mornings, always from the rear tyres losing grip.

“When the fronts get cold you lock the brakes and can’t turn the car properly without it juddering horribly across the circuit.

“When the rears get cold you risk these silly moments, where the car suddenly breaks away under the strain of 1,000 horsepower.

“I too learnt the hard way when it came to tyre temperatures in Monaco in 2016, crashing on the main straight on a Safety Car restart, but in effect the start of the race,” added the Briton.

For me, it was compounded by crossing a zebra crossing at a sodden Monaco, but it was a lack of tyre temperature that predominantly did the damage and caused the car to suddenly snap. There’s nothing the driver can do once that happens.

“For Russell a slight bump in the road was his compounding factor, mixed with too much throttle and sub-optimal rear tyre temperatures. A gutting error.”

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