Tag: FBI

#Russiagate Update: Winner Leak Implications

Megyn Kelly is probably kicking herself for not delaying her interview of Vladimir Putin. Had she waited just a few days, she could’ve brought a leaked copy of the latest NSA estimate of the timeline, motivations, and targets of alleged Russian hackers during the 2016 election cycle to her chat with Putin and asked a lot of pointed questions about it. Even though that opportunity never materialized, she and other journalists still have the chance to ask some equally important questions of American officials about this rather interesting document and the young woman responsible for sharing it with the world. What follows are some of my suggested lines of inquiry for our friends in the Fourth Estate.

The Leaker: Reality Leigh Winner

As I read The Intercept’s story, I kept asking myself one question, over and over: did this young woman learn nothing from Ed Snowden? 

This extract from the arrest warrant affidavit contains details that, if accurate, speak to a total lack of awareness of or concern for the kind of “insider threat” detection measures that now exist in most, if not all, Intelligence Community components:

Extract of arrest warrant affidavit in the case of Reality Leigh Winner

Why did Winner not use a truly secure means of contacting The Intercept? Why did she select this particular document? Why did she not contact a whistleblower advocacy organization for legal advice before even contemplating such a rash act?

The Media Outlet: The Intercept

In a statement published a short time ago, The Intercept claimed that

On June 5 The Intercept published a story about a top-secret NSA document that was provided to us completely anonymously. Shortly after the article was posted, the Justice Department announced the arrest of Reality Leigh Winner, a 25-year-old government contractor in Augusta, Georgia, for transmitting defense information under the Espionage Act. Although we have no knowledge of the identity of the person who provided us with the document, the U.S. government has told news organizations that Winner was that individual.

That statement is at odds with the search warrant affidavit quoted above, which claims that Winner was in “email contact” with the “News Outlet” (The Intercept).

Who’s telling the truth here vis a vis Winner’s alleged email contact with The Intercept–the Department of Justice or the paper? Could Winner have emailed the wrong reporter at The Intercept, and the actual story authors were in the dark that she’d contacted the paper? Did Winner’s email bounce? And why did Intercept staff share an exact copy of the purloined document with NSA officials in the first place? Why didn’t they simply read key passages of the document over the phone, or include extracts in an email to NSA officials?

Given the fact that Winner printed the document and thus left investigators a digital trace of her actions, perhaps The Intercept’s decision to share a scanned version of the document wouldn’t have mattered–but maybe it would have, and why endanger a source (annonymous or otherwise) by behaving in such an irresponsible way with the document?

The Stealth Fusion Center Data Sharing Bill

The attention of most in Congress, the media, and the privacy rights community has been focused this spring on the looming Foreign Intelligence Surveillance Amendments (FAA) Act Section 702 reauthorization fight, generally for good reasons. However, other expansions of domestic surveillance powers and data sharing are getting far less attention—and one such measure before the House today may dramatically expand the kind of information state and local law enforcement agencies can get from the federal government.

Introduced on April 26 by Rep. John Katko (R-NY), the “Improving Fusion Centers’ Access to Information Act” (HR 2169) is designed to plug any “information gaps” in state “fusion centers” by modifying the Homeland Security Act of 2002 to require DHS to

identify Federal databases and datasets, including databases and datasets used, operated, or managed by Department components, the Federal Bureau of Investigation, and the Department of the Treasury, that are appropriate, in accordance with Federal laws and policies, to address any gaps identified pursuant to paragraph (2), for inclusion in the information sharing environment and coordinate with the appropriate Federal agency to deploy or access such databases and datasets;

If the sound of this makes you feel uncomfortable, it should for several reasons—not the least of which is the last-minute decision by the Obama administration to make more raw (and thus potentially unverified or inaccurate) intelligence from the National Security Agency available to the FBI, and thus other law enforcement agencies the FBI decides need the data.

What makes Katko’s bill—which is coming to the House floor under expedited consideration via a legislative procedure known as “suspension of the rules“—even worse is that it ignores the 2012 findings of a Senate Homeland Security Committee report that found that state fusion centers were at best worthless, and at worse Bill of Rights violation factories.

In the press release on the committee report, then chairman Senator Tom Coburn (R-OK) stated, “It’s troubling that the very ‘fusion’ centers that were designed to share information in a post-9/11 world have become part of the problem. Instead of strengthening our counterterrorism efforts, they have too often wasted money and stepped on Americans’ civil liberties.”

Trump Fires Comey

Yesterday President Trump fired FBI Director James Comey.  Although the manner in which this was handled was ham-fisted, this is likely to be seen, at least in retrospect, as a wise move.

The warning signs about James Comey were there all along.  The Wall Street Journal summarized some of his spectacular misjudgments in a 2013 editorial titled, “The Political Mr. Comey.“  The overzealous pursuit of Frank Quattrone and Steven Hatfill.  The appointment of Patrick Fitzgerald who then ran amok in the Valerie Plame and Robert Novak case.   

I disagree with the Journal’s take on Comey’s fight with then-White House Counsel Alberto Gonzales over the reauthorization of Bush’s warrantless surveillance program—that goes on the plus side of Comey’s ledger.  But there are even more bad judgments that the Journal did not mention. For example, Comey went after Martha Stewart in a case of ruthless ambition.

When the high stakes “enemy combatant” controversy was pending before the Supreme Court, Comey pulled one of his stunts, holding a press conference to “inform” the public of the gravity of the case.  Attorney and author Scott Turow rightly called out Comey’s outrageous trial by news conference.

We can do much better than James Comey.  If Trump can repeat the careful process by which he selected Neil Gorsuch for the Supreme Court and secure a fairly swift confirmation vote, this matter will soon be forgotten.  If the selection process is mishandled, the political storm clouds will hang over the White House for quite some time.

My own review of the troubled history of the FBI can be found here and here.

GAO Weighs In On “Countering Violent Extremism”

The ongoing controversy and litigation over the Trump administration’s “Muslim ban” has reignited a debate that has raged since the 9/11 attacks: Who commits more domestic terrorism–violent Salafists or traditional “right wing” extremists? According to a Government Accountability Office (GAO) report, it’s the latter and by a very wide margin. From p. 4 of GAO’s report:

Of the 85 violent extremist incidents that resulted in death since September 12, 2001, far right wing violent extremist groups were responsible for 62 (73 percent) while radical Islamist violent extremists were responsible for 23 (27 percent). 

But as researchers at the Georgia State recently reported, media coverage of terrorist incidents makes it seem as if terrorism is almost exclusively perpetrated by Muslims:

We examined news coverage from LexisNexis Academic and CNN.com for all terrorist attacks in the United States between 2011 and 2015. Controlling for target type, fatalities, and being arrested, attacks by Muslim perpetrators received, on average, 449% more coverage than other attacks. Given the disproportionate quantity of news coverage for these attacks, it is no wonder that people are afraid of the Muslim terrorist. More representative media coverage could help to bring public perception of terrorism in line with reality.

That incident-media reporting disconnect is matched by another: the notion that Arab/Muslim-Americans are more susceptible to radicalization, and thus to becoming terrorists, and that there are a discreet set of reliable indicators that will tell authorities who is or is not more likely to become a terrorist. 

The same month the Georgia State researchers released their terrorism-media bias findings, the Brennan Center released a report on the state of the debate and federal “countering violent extremism” (CVE) programs. Citing dozens of empirical studies and recognized experts in the fields of criminology, psychology, and intelligence, the report states “Extreme or radical views are often assumed to lie at the heart of terrorism. But evidence shows that the overwhelming majority of people who hold radical beliefs do not engage in, nor support, violence.”

Funding the FBI

On Fox News last night, Megyn Kelly agreed with her guest James Kallstrom that the FBI needs a larger budget. The horrific attack in Orlando has raised the issue of whether the FBI has sufficient resources to investigate potential terrorists.

I don’t know how large the FBI budget should be. The agency does fill a lot of crucial roles, including tackling never-ending corruption in federal, state, and local governments.

But I do know that the FBI has not been starved; its budget has grown rapidly. The chart, from DownsizingGovernment.org, shows that FBI spending in constant 2016 dollars has more than tripled since 1990, from $2.7 billion to $9.1 billion. 

DHS Uses Local Law Enforcement To Shut Down Tor Access For Library Patrons

Earlier this year, the Library Freedom Project launched an initiative to test the use of Tor exit relays in local libraries as a means of helping library patrons browse the internet annonymously. As the LFP noted

To begin this new project, we needed a pilot, and we had just the library in mind – Kilton Library in Lebanon, New Hampshire, one of two Lebanon Libraries. Chuck McAndrew is the IT librarian there, and he’s done amazing things to the computers on his network, like running them all on GNU/Linux distributions. Why is this significant? Most library environments run Microsoft Windows, and we know that Microsoft participated in the NSA’s PRISM surveillance program. By choosing GNU/Linux operating systems and installing some privacy-protecting browser extensions too, Chuck’s helping his staff and patrons opt-out of pervasive government and corporate surveillance. Pretty awesome.

At least it was awesome until the Department of Homeland Security got wind of the project.

As Julia Angwin of ProPublica reports today

In July, the Kilton Public Library in Lebanon, New Hampshire, was the first library in the country to become part of the anonymous Web surfing service Tor. The library allowed Tor users around the world to bounce their Internet traffic through the library, thus masking users’ locations.

Soon after state authorities received an email about it from an agent at the Department of Homeland Security.

“The Department of Homeland Security got in touch with our Police Department,” said Sean Fleming, the library director of the Lebanon Public Libraries.

After a meeting at which local police and city officials discussed how Tor could be exploited by criminals, the library pulled the plug on the project.

“Right now we’re on pause,” said Fleming. “We really weren’t anticipating that there would be any controversy at all.”

He said that the library board of trustees will vote on whether to turn the service back on at its meeting on Sept. 15.

Nearly everything in our society has been or will be exploited by criminals: cars, cellphones, hatchets, cleaning solutions, tape, boats, aircraft–the list is virtually endless. It’s part of living with and in a free society, and the feds don’t come knocking on 3M’s door every time a criminal uses their tape to facilitate a break-in or other criminal act. But federal agencies like DHS and the FBI are literally on an anti-encryption, anti-privacy crusade with respect to consumer electronics and software–especially high-quality, publicly audited and effective anonymization technology like Tor. The Kilton Library’s internet freedom project has just become the federal government’s latest victim in that misguided campaign.

To recap: DHS used the Lebanon, New Hampshire police department to lean on–if not outright intimidate–a local library into at least temporarily abandoning a tool that reinforces Fourth Amendment privacy protections–and in doing so treated all of the Kilton Library’s patrons as potential criminals first, and as citizens with rights a very distant second.

Event Monday: Is the FBI Creating Terrorist Plots to Stop Them?

This Monday at noon, Cato hosts “The Newburgh Sting and the FBI’s Production of the Domestic Terrorism Threat.” The event will consider how the FBI and others elements of our domestic security apparatus now generate a sense of the terrorist danger that they combat. David Heilbroner will show clips from his 2014 documentary on the Newburgh four terrorist case, which aired on HBO. Naureen Shah of Amnesty International and John Mueller of Cato and Ohio State will comment. RSVP here.

You can get a sense of the issue from this 2007 headline, from The Onion: “U.S. Counter-Counterterrorism Unit Successfully Destroys Washington Monument.” The counter-counterterrorism unit, the satirical article says, was “created in 2004 in response to the lack of terror activity since the Sept. 11 attacks,” and tasked with “raising awareness among the American public of the ‘myriad unknown threats’ that still face the country,” by demonstrating vulnerability to terrorism.

That’s make-believe, of course. No U.S. government agency has been bombing monuments, or anything else on U.S. soil. But still, like other good satire, the article gets at truth more effectively than conventional rendering of facts.

The standard view remains that the trauma of the September 11 attacks awakened Americans to their vulnerability to terrorism from without and within—terrorists groups overseas like al Qaeda and the “lone-wolf” self-starters they inspire. While our leaders, over the last decade, have become less prone to warn of imminent apocalyptic attacks, they still mostly contend that skilled terrorists lurk among us, evaluating our vulnerabilities, exploiting technologies and always growing more diabolical. That view, of course, is what justifies several of our ongoing military campaigns, various curtailments of civil liberties, and vast expenditures of our wealth for domestic security. Its proponents cite as evidence the terrorist plots found in the country since 2001.

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