Declassified Docs Reveal Military Operative Spied on WA Peace Groups

Democracy Now! Broadcast Exclusive: Declassified Docs Reveal Military Operative Spied on WA Peace Groups, Activist Friends Stunned

Newly declassified documents reveal that an active member of Students for a Democratic Society and Port Militarization Resistance in Washington state was actually an informant for the US military. The man everyone knew as “John Jacob” was in fact John Towery, a member of the Force Protection Service at Fort Lewis. The military’s role in the spying raises questions about possibly illegal activity. The Posse Comitatus law bars the use of the armed forces for law enforcement inside the United States. The Fort Lewis military base denied our request for an interview. But in a statement to Democracy Now, the base’s Public Affairs office publicly acknowledged for the first time that Towery is a military operative. “This could be one of the key revelations of this era,” said Eileen Clancy, who has closely tracked government spying on activist organizations. [includes rush transcript]
Guests:

Brendan Maslauskas Dunn, Olympia-based activist with Students for a Democratic Society and Port Militarization Resistance. He submitted the Freedom of Information Act request that revealed his friend and fellow activist “John Jacob” was actually military spy John Towery.

Drew Hendricks, Olympia-based activist with Port Militarization Resistance. Also worked with John Towery, aka “John Jacob,” on activist causes before Towery’s exposure as a military spy.

Mike German, National Security Policy Counsel for the American Civil Liberties Union. He was an FBI agent specializing in domestic counterterrorism from 1988 to 2004.

Larry Hildes, Bellingham-based attorney and National Lawyers Guild member who has represented Washington state-based activists with Students for a Democratic Society and Port Militarization Resistance in criminal and civil cases.

Eileen Clancy, Founding member of I-Witness Video who has documented government surveillance of activist groups for years. Her group was targeted by police raids last summer during the Republican National Convention in St. Paul, Minnesota.

Rush Transcript
This transcript is available free of charge. However, donations help us provide closed captioning for the deaf and hard of hearing on our TV broadcast. Thank you for your generous contribution.
Donate – $25, $50, $100, More…

ANJALI KAMAT: We begin with a Democracy Now! broadcast exclusive. Peace activists in Washington state have revealed an informant posing as an anarchist has spied on them while working under the US military. The activists are members of the group Students for a Democratic Society and Port Militarization Resistance, which protests military shipments bound for Iraq and Afghanistan.
Before his true identity was revealed, the informant was known as “John Jacob,” an active member of antiwar groups in the towns of Olympia and Tacoma. But using documents obtained under a Freedom of Information Act request, the activists learned that “John Jacob” is in fact John Towery, a member of the Force Protection Service at the nearby Fort Lewis military base.
The activists claim Towery has admitted to them he shared information with an intelligence network that stretches from local and state police to several federal agencies, to the US military. They also say he confirmed the existence of other government spies but wouldn’t reveal their identity.
The military’s role in the spying raises questions about possibly illegal activity. The Posse Comitatus law bars the use of the armed forces for law enforcement inside the United States.
AMY GOODMAN: The Fort Lewis military base denied our request for an interview. But in a statement to Democracy Now!, the base’s Public Affairs office publicly acknowledged for the first time that Towery is a military operative. The statement says, quote, “John Towery performs sensitive work within the installation law enforcement community, and it would not be appropriate for him to discuss his duties with the media.” Fort Lewis also says it’s launched an internal inquiry. We invited John Towery on the broadcast, but he didn’t respond to our interview request.
In a Democracy Now! broadcast exclusive, we’re now joined in Seattle by the two activists who exposed John Towery as a military informant. Brendan Maslauskas Dunn counted John Towery, or “John Jacob,” as a close friend. But he discovered Towery’s identity after obtaining government documents under a Freedom of Information Act request. Brendan is an Olympia-based activist with Students for a Democratic Society and Port Militarization Resistance. We’re also joined in Seattle by Drew Hendricks. He is an Olympia activist with Port Militarization Resistance who worked closely with John Towery, aka “John Jacob.” This is their first broadcast interview since coming forward with their story.
Brendan, let’s begin with you. Just lay out how you found out about this military spy.
BRENDAN MASLAUSKAS DUNN: Well, thanks for having us, Amy.
I actually did a public records request through the city of Olympia several months ago on behalf of the union I’m in, the Industrial Workers of the World, and the records request I did, I had asked for any documents or emails, etc., that the city had, especially in discussions or any kind of communications between the Olympia police and the military in the city generally, anything on anarchists, anarchy, anarchism, Students for a Democratic Society or the Industrial Workers of the World. I got back hundreds of documents from the city.
One of the documents was an email that was sent between personnel in the military, and the email address that was attached to this email was of John J. Towery. We didn’t know who that was, but several people did a lot of research to find out who that was, and they identified that person as being John Jacob.
AMY GOODMAN: And what was your first reaction? Who was John Jacob to you?
BRENDAN MASLAUSKAS DUNN: John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He was-he said he was an anarchist. I met him over two years ago through community organizing and antiwar organizing I was involved with in Tacoma and Olympia with other anarchists and other activists.
And he was really interested in Students for a Democratic Society. He wanted to start a chapter of Movement for a Democratic Society, which is connected to SDS. He got involved with Port Militarization Resistance, with Iraq Vets Against the War. He was-you know, knew a lot of people involved with that organization.
But he was a friend of mine. We hung out. We gave workshops together on grassroots direct democracy and anarchist struggle. I mean, he was a friend. A lot of people really, really did like him. He was a kind person. He was a generous person. So it was really just a shock for me this week when all of this was determined.
ANJALI KAMAT: And, Brendan, what did John Towery, who you used to know as “John Jacob,” say to you when you confronted him?
BRENDAN MASLAUSKAS DUNN: Well, after it was confirmed that he was in fact John Towery, I knew he wouldn’t call me, so I called him up the day after. This was this past Thursday. And I called him up; I said, “John, you know, what’s the deal? Is this true?” And he told me; he said, “Yes, it is true, but there’s a lot more to this story than what was publicized.” So he wanted to meet with me and another anarchist in person to further discuss what happened and what his role was.
So, when I met him, he admitted to several things. He admitted that, yes, he did in fact spy on us. He did in fact infiltrate us. He admitted that he did pass on information to an intelligence network, which, as you mentioned earlier, was composed of dozens of law enforcement agencies ranging from municipal to county to state to regional and several federal agencies, including Immigration Customs Enforcement, Joint Terrorism Task Force, FBI, Homeland Security, the Army in Fort Lewis.
So he admitted to other things, too. He admitted that the police had placed a camera, surveillance camera, across the street from a community center in Tacoma that anarchists ran called the Pitch Pipe Infoshop. He admitted that there were police that did put a camera up there to spy on anarchists, on activists going there.
He also-one other thing he spoke of-I don’t know if this is true. I mean, honestly, I don’t know what to believe from John, but he said that the police in Tacoma and Olympia had been planning for a while on raiding the anarchist Pitch Pipe Infoshop and also the house I lived in with several other activists in Olympia. And they had approached John several times, saying, you know, “Do they have bombs and explosives and drugs and guns and things like that?” which is just disgusting to even think that they would suggest that. They’re just trying to silence us politically. They’re going after us for our politics and for our work, you know, around Port Militarization Resistance and around antiwar organizing. And, of course, John told them, no, we didn’t have any of those stuff. He told them the truth.
But he also mentioned that there were other informants that are among us.
AMY GOODMAN: Brendan, we’re going to break. Then we’re going to come back to this discussion. I really want to talk to Drew Hendricks about John’s involvement in IT, in the technical aspects, the coordination of the LISTSERVs.
Today, a Democracy Now! exclusive, an exposé on a military spy in peace groups in Olympia, Washington. Brendan Dunn is our guest, Olympia activist with Students for a Democratic Society and Port Militarization Resistance. He discovered that his friend, fellow activist “John Jacob,” was actually a military spy. And Drew Hendricks will be joining us in a minute, talking about his involvement. John Towery, their friend, “John Jacob.” Stay with us.
[break]
AMY GOODMAN: Today, a national broadcast exclusive. A military spy in the ranks of antiwar activists in Olympia, Washington.
We have a number of guests. We’ve just been speaking with Brendan Maslauskas Dunn, Olympia activist with Students for a Democratic Society and Port Militarization Resistance. He discovered, through an FOIA request, a Freedom of Information Act request, that his friend, fellow activist “John Jacob,” was actually working with Fort Lewis base in Washington state, was a military spy in his organizations.
Drew Hendricks is with us, as well, in Seattle, also an Olympia activist with the same groups, Port Militarization Resistance. He worked with John Towery, his real name-“John Jacob” is how they knew him-before the exposé that has now coming out.
Drew, tell us how you met John and how he was involved in the organizations.
DREW HENDRICKS: I first met John in September of 2007, and he approached me as somebody who claimed to have base access, which turned out to be true. He did admit that he was a civilian employee for the Army. And what he was offering me were observations and inside knowledge of operations on Fort Lewis.

I let him know that I wasn’t willing to have any classified information from him and that I wasn’t engaged in espionage. I was looking for open source information and looking for insight into movements of military materials over the public roads, so that people other than myself could orgnize protests or organize blockades, as they might see fit, and it wasn’t appropriate for me to be involved in their plans. It was only appropriate for him let me know things that I could confirm from open ground, from public spaces. He abided by those rules, for the most part.
And he did not reveal his role to me that he was actually part of a force protection cell, that he was actually reporting to DES fusion and part of the intelligence operation of Fort Lewis. He wasn’t admitting to me that his reports were going to Washington Joint Analytical Center, which is a function of the Washington State Patrol and the Federal Bureau of Intimidation-I’m sorry, Investigation.
But he did provide what he purported to be observations of operations on Fort Lewis, and he was involved with the group for a few months before I mistakenly and stupidly, in retrospect, trusted him with co-administration of our LISTSERV, our shared means of talking to each other over electronic media.
AMY GOODMAN: And the LISTSERV involvement, how much control he had over who was involved in your groups, Drew?
DREW HENDRICKS: Well, he could tell from that access who all was subscribed to the LISTSERV. He couldn’t control who was coming into or out of meetings, but he could find out who people were, if they were subscribed to the LISTSERV. And he did challenge some people who were attempting to get to the LISTSERV for their credentials, for people who could vouch for them being people who were not law enforcement or people who were not military intelligence who were coming into that activity. He wasn’t in control of what messages people could send, but as an administrator on RiseUp, he could have unsubscribed people, and there were some people that were disruptive that he did unsubscribe, in a way that the other LISTSERV administrators, for the most part, agreed with.
He wasn’t found to be abusing his authorities as a LISTSERV administrator directly, although he probably reported that list upwards in his chain of command or his chain of employment. And that served a significant chilling role for him as a military employee. He’s a civilian employee, but he is a former military-enlisted person. And so, he understood, or should have understood, that what he was doing was legally inappropriate. I’m not a lawyer, but in my opinion and from the history I’ve read, what he was doing was rather extraordinary, from the histories that I’ve read.
ANJALI KAMAT: I want to bring three others into this discussion. Joining us from Washington, DC is Mike German. He’s the National Security Policy Counsel for the American Civil Liberties Union. He previously served as an FBI agent specializing in domestic counterterrorism from 1988 to 2004.
Also joining us here in New York is Eileen Clancy. She’s a founding member of I-Witness Video, a video collective that has documented government surveillance of activist groups for years. Her group was targeted by police raids last summer during the Republican National Convention in St. Paul, Minnesota.
And on the line with us from Bellingham, Washington is Larry Hildes, an attorney and National Lawyers Guild member who has represented Washington state-based activists with Students for a Democratic Society and Port Militarization Resistance in criminal and civil cases.
Larry, I want to go to you. Can you talk about your involvement with this and on what bases you have represented these activists?
LARRY HILDES: Absolutely. Good morning, by the way.
Yeah, I’ve been-I got involved-there was a sit-in at the gate of the Port of Olympia back in May of 2006 to protest use of the port for military shipments to Iraq and Afghanistan. And it’s been a wonderful experience. I have represented these folks through several rounds of criminal cases throughout Pierce and Thurston Counties, Tacoma and Olympia. And now we are suing, based in part on spying, in conjunction with the Seattle office of the ACLU.
And it got strange fairly early. We were in trial in March of 2007, arguing that these folks were not guilty of criminal violations for sitting at the gate, when they weren’t allowed into the port itself. The prosecutors kind of hinted that there was-that they had inside information that they shouldn’t have had. And the fourth day of the trial, as it’s clear that we have the jury, prosecutor’s office came out with a confidential jury analysis sheet that my office had done, that was circulated only on the internal attorney-client LISTSERV that was exclusively for the defense team, and announced that this was all over the internet and got a mistrial.
And we’re trying to figure out in the courtroom what’s going on here. Never seen anything like this. We know it’s not on the internet. And the person who set up the LISTSERV-so we’ve got LISTSERV stuff going on even before Mr. Towery’s involvement-person on the LISTSERV discovers that there’s two people who we never heard of, who they had not subscribed, he had not allowed onto the list. Those two turned out to be Tacoma police officers. And we’ve now found that the Tacoma police knew that this document was going to be revealed, knew it would probably be a mistrial, and was speculating-and knew exactly when it would be and was speculating what the effects would be. So, the spying started early.
It was very clear that they treated these folks-the worst thing they’ve ever done is acts of civil disobedience, peacefully, nonviolently trying to stop military blockades by standing in front of tanks and Strykers-that they were treating this like a very, very serious situation. So we knew that early. And it’s become clear that there was a lot of spying going on throughout this process. We kind of knew that this was coming.
Right now I’m defending a group of demonstrators who were arrested in Olympia in November of ’07, allegedly trying to block a troop convoy or a Stryker convoy from coming out of the port to go back to Fort Lewis to be repaired and sent back to Iraq again. And the police reports talk about-the incident commander talks about the fact that they had Army intelligence sources reporting to them detailed discussions that were going on in private meetings that Port Militarization Resistance was having, where they were discussing tactics and strategies. And based on that information, they decided that our clients from that action, who were sitting in an empty road outside of a closed gate, with no military vehicles in sight, were intending to blockade traffic and were arrested for attempted disorderly conduct, a charge we’ve never seen in our lives.
So we started trying to find out what’s going. We got the judge to agree to sign subpoenas, which were immediately refused by the head of the civil division of the US attorney’s office in Seattle, Brian Kipnis, saying they had no standing and they weren’t going to respond, and ordered the Army not to give us this information. So-
AMY GOODMAN: Tell us more about this US attorney. And also, isn’t he the attorney who prosecuted Ehren Watada-
LARRY HILDES: That’s exactly-
AMY GOODMAN: -the first officer to say no to going to war in Iraq, refusing to lead young men and women there for a war he felt was immoral?
LARRY HILDES: That’s exactly right, Amy. He handled the Ninth Circuit appeals and stood up in the courtroom and said, “OK, he’s had his appeal. Now we need to go forward. He needs to be prosecuted. We want a second court-martial,” and continued to argue that. And the day that the decision came-Ninth Circuit decision came down saying, “No, this was double jeopardy; you can’t do this,” he said, “Well, we’re going to prosecute him on the remaining claims anyway,” which, of course, has not happened.
He was also involved in a number of the Guantanamo cases and has been arguing that evidence of torture shouldn’t come out, because it would reveal confidential information about how Guantanamo was set up. So, his role has been, throughout this, to obstruct.
I sent him a letter saying, “OK, now we have this information. I ask for your help in investigating this, because this is a crime.” Under the Posse Comitatus Act of 1887, it is a crime for the US military to become involved in civilian law enforcement. And they’ve chipped away at it, but it’s still a crime. I got a letter back now telling me I have to ask the Army. I got this yesterday, saying, “You have to go through channels with the Army.” I’ve gone through channels with the Army, and the Army has told me they’re not allowed to talk to me, because he told them not to. So we’re going back and forth with this guy.
He has been in the US attorney’s office throughout much of the Bush administration. And apparently his job is to obstruct and punish those involved in protesting the war and those protesting torture. Interesting character. I had never heard of him before this. Apparently has a close relative-there aren’t that many Kipnises, but there are some-who runs a security firm that specializes in analysis of national security issues. So it’s a cozy little family network there. So-
ANJALI KAMAT: I’d like to turn to Mike German and bring him into the conversation, National Security Policy Counsel for the American Civil Liberties Union in Washington, DC. Mike German, what’s your response to all of this?
MIKE GERMAN: Well, I think his analysis is exactly right. This is a pretty clear violation of Posse Comitatus. Now, what the military would argue, and has argued, is that they have a right to engage in force protection, which obviously, in its normal understanding of that term, is a defensive sort of capability, i.e. they can put guards at the gates of military bases and protect from threats from without. But they seem to have been, since 2002, considering that as an offensive capability, where they’re actually sending operatives out to spy on community activists, which is, of course, prohibited and something that, you know, the First and the Fourth Amendment become engaged.
And, you know, this is something that we found out through a FOIA back in 2005 the military was engaged in through a group called the Counterintelligence Field Activity. And they had a database of activists called Talon that, again, collected this US person information that the military has no business collecting. And that was shut down. But unfortunately, you know, they just created a new mechanism. This appears to be the fusion centers and these fusion cells that they’re using that, they seem to think, give them a method of circumventing Posse Comitatus and the restrictions on military intelligence gathering in the United States.
AMY GOODMAN: Explain what you mean, Mike, by fusion centers.
MIKE GERMAN: About two years ago, me and a colleague at the ACLU started investigating a lot of federal money going to what were called intelligence fusion centers. And I was only two years out of federal law enforcement at that point, and I had never heard this term, so I became concerned. And what these centers are is multi-jurisdictional intelligence centers that involve state, local and federal law enforcement, as well as other government entities-you know, a lot of times there are emergency services type of entities, but actually can’t involve any government entity-but also involve oftentimes the military and private companies.
So we produced a report in November of 2007 warning of the potential dangers that these multi-jurisdictional centers had, because it was unclear whose rules applied. Were we using federal rules? Were we using state rules? Local rules? And what was military and private company-what rules govern their conduct? So we put out this report in November of 2007. At that point, there were forty-two fusion centers. By July of 2008, we had found so many instances of abuse, we put out an updated report. At that point, there were fifty-eight fusion centers. Today, the DHS recognizes at least seventy-two fusion centers. So these things are rapidly growing, without any sort of proper boundaries on what activities happen within them and without really any idea of what it is the military is doing in these fusion centers and what type of access they have to US person information.
AMY GOODMAN: I wanted to turn back for a moment to the two activists in Olympia. They’re speaking to us from Seattle today, first time they’re speaking out nationally, Brendan Dunn and Drew Hendricks. Just give us a sense, Brendan, of why you got involved in activism. People might be listening and watching right now and wondering, “I’ve never even heard of Port Militarization Resistance,” or perhaps the new Students for a Democratic Society, based on the old. What’s your background, Brendan?
BRENDAN MASLAUSKAS DUNN: Well, I guess I really started to get involved with activism and organizing-it was in high school, but it wasn’t until after high school, when my friend’s brother was shot and killed by the police in Utica, New York. His name was Walter Washington. And the community developed a response to that, and, you know, that’s what really started to get me thinking and actively organizing. That’s really when I got involved.
I moved to Olympia a little over three years ago. Since then, I’ve been involved with a lot, with Students for a Democratic Society. And, you know, the more police repression I’ve learned about or experienced and just repression, generally, that it’s moved me in a more radical direction. That’s when I started to pick up anarchist politics and organizing.
So I’ve been involved with Students for a Democratic Society and Port Militarization Resistance-just makes sense to me, because the military-this is one of the most highly militarized areas of the country, if not the world, western Washington is. And it just makes sense to me that if we want to throw a gear in the war machine, the best way to do it is in our own backyard, our own towns. And in our case, it’s in the Port of Olympia, the Port of Tacoma, the Port of Grays Harbor in Aberdeen. And that’s where direct action makes sense and community struggle makes sense.
AMY GOODMAN: And, Drew Hendricks, your involvement in Port Militarization Resistance, known for trying to stop some of the-for example, the Stryker vehicles from being sent to Iraq?
DREW HENDRICKS: Yes. My primary activity with Port Militarization Resistance is as a coordinator for intelligence collection, so that people have the time that they need to make good decisions about what it is that they’re going to do. I’ve taken one direct action myself against said activity early on in the end of May 2006. I blocked a couple of gates shut overnight and was arrested during that action and found and put in jail for a few hours. But for the most part, my role has been to collect information and disseminate it to the people who need to know, so that they can make timely decisions.
AMY GOODMAN: We’re going to break, then come back to this conversation. We are doing a national exposé today on a person who worked in the military spying on peace groups in Washington state. His name-well, they thought his name was John Jacob. His name is John Towery. We asked that he come-we wanted him to come on the broadcast, but he didn’t respond to our request. We also asked the military to join us; we read the statement earlier, yes, admitting that John Towery worked with them. We’ll continue this conversation in a minute.
[break]
AMY GOODMAN: We bring you this exclusive on peace activists in Washington state revealing an informant posing as an anarchist has spied on them while working under the US military-the activists, members of the group Students for a Democratic Society and Port Militarization Resistance, which protests military shipments bound for Iraq and Afghanistan.
Yes, this is Democracy Now!, and we urge you to go to our website at democracynow.org, where we’re video and audio podcasting, where you can see the documents that they got under Freedom of Information Act.
Anjali?
ANJALI KAMAT: The government documents also show that intelligence officers from other government and military agencies inquired Olympia police about the Washington state peace activists. In an email to an Olympia police officer from February 2008, Thomas Glapion, Chief Investigations/Intel of New Jersey’s McGuire Air Force, writes, quote, “Good Morning, first let me thank you for the effort. To the contrary you were quite the help to me. You are now part of my Intel network. I’m still looking at possible protests by the PMR SDS MDS and other left wing anti war groups so any Intel you have would be appreciated…In return if you need anything from the Armed Forces I will try to help you as well,” end-quote.
Now, we contacted the McGuire Air Base, and they also denied our interview request. They released a short statement saying only, quote, “Our force protection specialists routinely research local and national groups in response to potential risks and threats to Air Force installations and to ensure the safety of our personnel,” end-quote.
Another declassified email from February 2008 comes from Andrew Pecher of the US Capitol Police Intelligence Investigations Section in Washington, DC. The email is also addressed to an Olympia police contact. It says, quote, “I am just droppjng [sic] in to see if you had a problems with the below action that we had talked about a few weeks ago. Any information that you have would be helpful. Thank you!!” end-quote. The “action” Pecher refers to is the “Northwest DNC/RNC Resistance Conference,” an event that was held at Evergreen State College to prepare for protests at last summer’s Democratic and Republican conventions.
I want to go to Brendan Maslauskas Dunn. Brendan, how did you find this information? When you first saw this information, can you talk about your reaction?
BRENDAN MASLAUSKAS DUNN: Well, when it all surfaced through the public records requests, I wasn’t surprised. I guess I had been expecting this, especially with the level of activity that activists have been involved with in Olympia, in the last few years, especially. But, I mean, it still was a shock. I didn’t know it was that extensive. I guess that’s why it was a shock to me.
I didn’t know that the Air Force from New Jersey was interested in activities that activists in Olympia were involved with. And I didn’t know that the Capitol police in Washington, DC was trying to extract information from people in Olympia, as well.
So I always suspected that there was surveillance going on. It was obvious it was going on locally from local agencies and local police agencies. I had no idea how widespread it is. And I think this is just the tip of the iceberg. I have no clue what’s below the water.
AMY GOODMAN: Eileen Clancy, I’d like to bring you into this conversation. You have long been documenting police and federal authorities’ activities in antiwar and peace protests at the conventions in 2004 and then 2008. You, yourselves, at I-Witness were targeted. You were detained by police. The places that you were setting up video to video police actions on the streets were raided by the police in St. Paul. Your reaction to what you’re listening to and watching today?
EILEEN CLANCY: Well, I have to say, I think this is one of the most important revelations of spying on the American people that we’ve seen since the beginning of the Bush era. It’s very clear that there’s no such thing as one spy, especially not in the Army. So-and it’s very clear that this problem is national in scope, in that sort of casual manner that these folks are interacting with each other.
It’s really like in January 1970. Christopher Pyle, who was a former US Army intelligence officer, revealed in Washington Monthly that there was an extraordinary program of spying by the Army on political protest groups. And he said that-well, what was written in the New York Times was that the Army detectives would attend some of these events, but the majority of material that they gathered was from police departments, local governments and the FBI. And at that time, they had a special teletype, pre-internet, that connected the Army nationwide and where the police could load up their information on this stuff. They also published a small book that was a blacklist, which is similar now to the terrorist watch list, where the police share information about activists with maybe no criminal basis whatsoever. And at the time, in January 1970, Pyle said that there was a hope to link the teletype systems to computerized databanks in Baltimore, Maryland, which, of course, is the general area of the National Security Agency, which does most of the spying for-it’s supposed to be foreign, but apparently they do domestic spying, as well.
So this now, what we have here-and after these revelations, there was a Church Committee. There was a great deal of investigating that went on. And while a lot of it was covered up, the military was pushed back for a while on this front. But because now we have the capability of gathering an extraordinary amount of information and holding onto it and sharing it, through the internet and through other means, we really have this 1970s problem amped up on steroids, twenty-first-century-style. And this had been going on for a while.
Something terrible has been going on in the Pacific Northwest in terms of police spying. There are other documents that had been revealed-the Tacoma police, Homeland Security, meetings, minutes. And you can see that one of the essential problems with this kind of model and the fusion center model is that in the same meeting, they’re talking about a Grannies Against the War group handing out fliers at the local mall, and they’re talking about new information about what al-Qaeda is going to do. It’s a model that doesn’t make any sense whatsoever, and it’s a model that’s based really on hysteria.
When you see those pictures that were just shown on the screen, pictures of people with no weapons standing in the middle of a road with giant Army vehicles in front of them, you know, it’s clear that the protest is of a symbolic nature. There’s no violence involved on the part of the activists. It’s a traditional sit-in type of protest. The idea that the Army, the Navy and the Marines would become hysterical at this threat, I mean, it is the Army, it’s the Navy, it’s the Marines. And when-that’s the reason the Army shouldn’t be involved in this, because the job of an army-and they’ll tell you this-is to kill people and break things. The motto of the Stryker Brigade Combat Team that’s housed at Fort Lewis, that this force protection cell was trying to protect, their motto is “strike and destroy.” They’re really built for one thing, and it’s certainly not policing. It’s certainly not dealing with community activist groups, Grannies Against the War, or local activists in Olympia.
AMY GOODMAN: I want to ask about Rush Holt, the New Jersey congressman-we’re talking about McGuire Air Base, actually, in New Jersey-who has just in the last weeks been calling for a Church-like, Pike-like investigation of the intelligence community, starts by talking about the CIA. He’s raised this with the Washington Independent, with the Newark Star-Ledger, even raised it on Lou Dobbs a few days ago. And the significance of something at this level of the Church Committee hearings that investigated spying-Sy Hersh exposed it decades ago in a major article in the New York Times. Mike German, at this point, the significance of something like this? And do you think we would see this under President Obama?
MIKE GERMAN: I would hope so. You know, when we first came out with our report on fusion centers and warned about the military presence, you know, people told us that that wasn’t something we needed to be concerned about. And, you know, so this is a very important revelation, that there is actual evidence of abuse, that hopefully will open the eyes of the people who are responsible for overseeing these types of activities. And I believe something like a select investigative committee to investigate such activities is certainly called for. And, in fact, Representative Barbara Lee had introduced back in April a bill that would allow a select committee to investigate national security policy and practices. So, we’re hoping that this will bring support to that effort.
AMY GOODMAN: I also wanted to ask Brendan Dunn about the evidence of other spies in your organization. In fact, didn’t John-“John Jacob,” now known as John Towery, who worked at Fort Lewis-didn’t he tell you about others that he actually wanted out of the organization sometimes and called the military to get them out?
BRENDAN MASLAUSKAS DUNN: Yeah, that’s true. I mean, that’s his story, at least. He admitted that there were a few other informants that were sent.
He had a weird story, which, you know, we know isn’t true, based on the public records and the documents that we have in our hands, that he was, you know, forced into this position to spy on us, that he didn’t do it for pay, that he only reported to the Tacoma police and wasn’t connected to the military whatsoever. I mean, it’s a good cover story to, you know, let the military free and blame it on a bunch of Keystone cops in Tacoma, but there was actually another email I got through the records request that was sent between a couple Olympia police officers, and they had mentioned something about their Army guy that was working for them and something else about someone in the Coast Guard that was also perhaps, still perhaps, currently acting as an informant.
AMY GOODMAN: We also, in doing research on John Towery, have information, addresses that he had at both Fort Drum, Upstate New York, and also in Brussels, which we associate with NATO. Is there any understanding or knowledge you have of this, either Brendan or Drew? Did he talk about this in his past?
BRENDAN MASLAUSKAS DUNN: This is actually the first I’ve heard of it. I’m actually surprised, because I used to live near Fort Drum. I used to go to school near Fort Drum before I moved out to Olympia. So this is news to me. I’ve never heard anything.
AMY GOODMAN: Right now, in figuring out how you go forward, I wanted to bring Larry Hildes back into this conversation. Information about one activist actually having a locator put in his car to figure out where he was going from one protest to another, can you tell us about Phil Chin, Larry?
LARRY HILDES: Yes, I can. And we’re actually suing about this in conjunction with the Seattle ACLU now. Mr. Chin was on his way to a demonstration at the Port of Aberdeen. It was going to be a peaceful march, not even any civil disobedience. His license plate was called in, and Washington state patrol sent an attempt-to-locate code-we didn’t know what an attempt-to-locate code was until this-saying, “There are three known anarchists in this car, in this green Ford Taurus. Apprehend them, and then let the Aberdeen police know.”
So he gets pulled over for supposedly going five miles an hour under the speed limit in heavy traffic and charged with DUI, despite the fact he hasn’t had anything to drink, hasn’t done any drugs, total-every single test comes up absolutely negative, except for the fact that he had trouble standing on one foot because he had an inner ear infection. The lab tests come up negative. And they still go forward with this, until we move to dismiss and ask what this attempt-to-locate code is. And we find out that it’s-we’ve got the tape, the dispatch tapes of them calling in this car with the three known anarchists-by the way, none of whom was Phil. But on the dashboard of the car that takes him away is a picture of Phil’s other car.
ANJALI KAMAT: Eileen Clancy, we just have a minute left. What does this, all of this information that’s come out, what does this do for activists? Does it create a climate of fear? What you, who have been spied on, who have had so much experience with this-what are your final words?
EILEEN CLANCY: I think people should try not to be afraid. They should consider what these fine activists have done here, which is done an extraordinary public service by putting this information out. This could be one of the key revelations of this era, if this is followed up on. It’s very important that people be aggressive about this. And thank goodness they did it.
AMY GOODMAN: We want to thank you all for being with us, Eileen Clancy of I-Witness Video; Mike German of the American Civil Liberties Union; Larry Hildes, National Lawyers Guild, based in Bellingham; and the two activists who have exposed this story through their Freedom of Information Act request, Brendan Maslauskas Dunn, Olympia-based activist, and Drew Hendricks, as well. Thank you both very much for being with us.

Source: http://www.democracynow.org/2009/7/28/broadcast_exclusive_declassified_docs_reveal_military

Cyberwargames

Cyberwar

Cadets Trade the Trenches for Firewalls

By COREY KILGANNON and NOAM COHEN
Published: May 10, 2009

WEST POINT, N.Y. – The Army forces were under attack. Communications were down, and the chain of command was broken.

Pacing a makeshift bunker whose entrance was camouflaged with netting, the young man in battle fatigues barked at his comrades: “They are flooding the e-mail server. Block it. I’ll take the heat for it.”

These are the war games at West Point, at least last month, when a team of cadets spent four days struggling around the clock to establish a computer network and keep it operating while hackers from the National Security Agency in Maryland tried to infiltrate it with methods that an enemy might use. The N.S.A. made the cadets’ task more difficult by planting viruses on some of the equipment, just as real-world hackers have done on millions of computers around the world.

The competition was a final exam of sorts for a senior elective class. The cadets, who were computer science and information technology majors, competed against teams from the Navy, Air Force, Coast Guard and Merchant Marine as well as the Naval Postgraduate School and the Air Force Institute of Technology. Each team was judged on how well it subdued the threats from the N.S.A.

The cyberwar games at West Point are just one example of a heightened awareness across the military that it must treat the threat of a computer attack as seriously as it does an attack carried out by a bomber or combat brigade. There is hardly an American military unit or headquarters that has not been ordered to analyze the risk of cyberattacks to its mission – and to train to counter them. If the hackers were to succeed, they could change information on the network and cripple Internet communications.

In the desert outside Las Vegas, in a series of inconspicuous trailers, some of the most highly motivated hackers in the United States spend their days and nights probing the military’s vast computer networks for weaknesses to exploit.

These hackers – many of whom got their start as teenagers devoted to computer screens in their basements – have access to the latest in attack software. Some of it was developed by cryptologists at the N.S.A., the nation’s largest intelligence agency, where most of the government’s talent for breaking and making computer codes resides.

The hackers have an official name – the 57th Information Aggressor Squadron – and a real home, Nellis Air Force Base.

The Army last year created its own destination for computer experts, the Network Warfare Battalion, where many of the cadets in the cyberwar games hope to be assigned. But even so, the ranks are still small.

The Defense Department today graduates only 80 students a year from its cyberwar schools, causing Defense Secretary Robert M. Gates to complain that the Pentagon is “desperately short of people who have capabilities in this area in all the services, and we have to address it.” Under current Pentagon budget proposals, the number of students cycled through the schools will be quadrupled in the next two years.

Part of the Pentagon’s effort to increase the military’s capabilities are the annual cyberwar games played at the nation’s military academies, including West Point, where young cadets in combat boots and buzz cuts talk megabytes instead of megatons on a campus dotted with statues of generals, historic armaments and old stone buildings.

While the Pentagon has embraced the need for offensive cyberwarfare, there were no offensive maneuvers in the games last month, said Col. Joe Adams, who teaches Information Assurance and stood at the head of the classroom during the April exercise.

Cadet Joshua Ewing said he and his fellow Blue Team members “learn all the techniques that a hacker would do, and we try to beat a hacker.”

These strategies are not just theoretical. Most of these cadets will soon be sent to Afghanistan to carry out such work, Cadet Ewing said.

When the military deploys in a combat zone or during a domestic emergency, establishing a secure Internet connection is an early priority. To keep things humming, the military’s experts must fend off the ordinary chaos of the Internet as well as attacks devised to disable the communications system, like flooding e-mail servers with so many junk messages that they collapse.

Underscoring how seriously the cadets were taking the April games, the sign above the darkened entranceway in Thayer Hall read “Information Warfare Live Fire Range” and the area was draped with camouflage netting.

One group had to retrieve crucial information from a partly erased hard drive. One common method of hiding text, said Cadet Sean Storey, is to embed it in digital photographs; he had managed to find secret documents hidden this way. He was seeking a password needed to read encrypted e-mail he had located on the hard drive.

Other cadets worked in tandem, as if plugging a leaky dam, to keep the entire system working as the N.S.A. hackers attacked the engine that runs a crucial database as well as the e-mail server.

They shouted out various Internet addresses to inspect – and usually block – after getting clearance from referees. And there was that awkward moment when the cadet in charge, Salvatore Messina, had to act without clearance because the attack was so severe he couldn’t even send an e-mail message.

The cadets in this room do get their share of ribbing. But one cadet, Derek Taylor, said today’s soldiers recognize that technological expertise can be as vital as brute force in saving lives. West Point takes the competition seriously. The cadets who helped install and secure the operating system spent a week setting it up. The dean gives a pep talk; professors bring food.

Brian McCord, part of the team that installed the operating system, said he was chosen because his senior project was deeply reliant on Linux. The West Point team used this open-source operating system, freely available on the Internet, instead of relying on proprietary products from big-name companies like Microsoft or Sun Microsystems.

“It seems weird for the Army with its large contracts to be using Linux, but it’s very cheap and very customizable,” Cadet McCord said. It is also much easier to secure because “you can tweak it for everything you need” and there are not as many known ways to attack it, he said.

West Point emerged victorious in the games last month. That means the academy, which has won five of the last nine competitions, can keep the Director’s Cup trophy, which is displayed near a German Enigma encoding machine from World War II. Cracking the Enigma code helped the Allies win the war, and the machine is a stark reminder of the pivotal role of technology in warfare.

Thom Shanker contributed reporting from Washington.

Source: http://www.nytimes.com/2009/05/11/technology/11cybergames.html

Secret court records sought in alleged spy case

January 7, 2009

Secrecy tested in Isle spy case

FBI says it had Maui man in its sights long before Oct. 2005 arrest

By Jim Dooley
Advertiser Staff Writer

FBI counterintelligence agents had Maui resident Noshir Gowadia under aerial and ground surveillance for a year before they arrested him in 2005 on espionage and other charges, according to court testimony yesterday.

Gowadia, an engineer who helped develop the the U.S. Air Force’s B-2 stealth bomber, is scheduled to go to trial in federal court here in April in what is believed to be the first spy trial held in Hawai’i.

Much of the evidence in the case is swathed in secrecy, and defense lawyers are disputing the legality of the FBI’s use of the controversial Foreign Intelligence Security Act to conduct an emergency warrantless search of Gowadia’s laptop computer at Honolulu International Airport in 2004.

Defense lawyers David Klein and Birney Bervar have asked the court to order the Justice Department to disclose applications and other paperwork related to the case that were submitted to the secret Foreign Intelligence Security Court, which oversees government compliance with FISA procedures.

In response, U.S. Attorney General Michael Mukasey filed a sworn declaration in court here last month stating that “it would harm the national security of the United States to publicly disclose or have an adversary hearing with respect to the FISA materials.”

The papers, Mukasey said, “contain sensitive and classified information concerning United States intelligence sources and methods” and disclosure of the information “reasonably could be expected to cause serious damage to the national security of the United States.”

Mukasey’s declaration said the government was submitting the FISA materials under seal for U.S. District Judge Helen Gillmor to review privately, along with a sworn declaration from Daniel Lee Cloyd, head of the FBI’s Counterintelligence Division, detailing specific facts that support the need for secrecy.

Yesterday, Gillmor began hearing arguments on that issue and other defense motions to suppress statements Gowadia made to federal investigators before he was arrested Oct. 26, 2005.

Gowadia, 68, is charged with 21 criminal counts, including charges that he helped China design and test critical components of a cruise missile.

The engineer also allegedly tried to sell military secrets to individuals in other countries, including Israel, Singapore and Germany.

Defense lawyers argue that statements Gowadia made over a two-week period to FBI agents – after his house was searched Oct. 13, 2005, but before he was formally arrested Oct. 26, 2005 – were coerced and should be suppressed.

Gowadia alleges that over the course of a dozen lengthy interviews, conducted first on Maui and later in Honolulu, FBI agents threatened to seek the death penalty against him and repeatedly threatened to arrest his wife and two adult children if he did not cooperate.

The government denied those allegations and said Gowadia volunteered to be interviewed, signed written waivers of his rights and was always free to terminate the sessions and return home, according to court papers filed by Assistant U.S. Attorney Kenneth Sorenson.

Gowadia allegedly incriminated himself in the first interview, conducted at the Maui Police Department, acknowledging that “he had been involved in disclosing classified information to the People’s Republic of China.”

In a later session with agents, Gowadia freely and voluntarily “described his dealings with suspected Chinese intelligence officer Tommy Wong, aka Wang Dong Ming, his entry into China, his initial work in advising China on an existing exhaust nozzle for some type of military aircraft,” the government alleged.

After he allegedly admitted that he had helped the Chinese design a “stealthy cruise missile,” Gowadia was asked if he understood the seriousness of what he was saying, according to prosecutors.

He then voluntarily wrote a statement that said: “On reflection what I did was wrong to help PRC make a cruise missile. What I did was espionage and treason.”

FBI Special Agent James Tamura-Wageman testified at yesterday’s hearing, saying he had been involved in periodic aerial and ground surveillance of Gowadia and his Maui home for a year before Gowadia’s home was searched. Tamura-Wageman led the team of 15 agents who conducted a nine-hour search of Gowadia’s home, seizing cartons of paper and electronic records.

The FBI agent in charge of the case, Thatcher Mohajerin, is scheduled to testify when the hearing continues today.

Source: http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20090107/NEWS20/901070370/1001

NSA data-mining grows in San Antonio

This article came from a San Antonio alternative paper.  The NSA has a regional signal intelligence (sigint) facility under the pineapple fields of Kunia.  They threaten you too if you try to take photos.  But the military is now upgrading to a new facility in Whitmore that will house both Navy and NSA intelligence facilities.  See http://the.honoluluadvertiser.com/article/2007/Aug/31/ln/hawaii708310326.html

SAN ANTONIO CURRENT
12/3/2008

The panopticon economy

The NSA’s new data-mining facility is one component of a growing local surveillance industry

by Greg M. Schwartz

[PHOTO: It looks innocent enough, but no loitering, please: The NSA’s Texas Cryptology Center, under construction at 410 and West Military. Greg M. Schwartz photo]

Surrounded by barbwire fencing, the anonymous yet massive building on West Military Drive near San Antonio’s Loop 410 freeway looms mysteriously with no identifying signs of any kind. Surveillance is tight, with security cameras surrounding the under-construction building. Readers are advised not to take any photos unless you care to be detained for at least a 45-minute interrogation by the National Security Agency, as this reporter was.

There’s a strangely blurry line during such an interrogation. After viewing the five photos I’d taken of the NSA’s new Texas Cryptology Center, the NSA officer asked if I would delete them. When I asked if he was ordering me to do so, he said no; he was asking as a personal favor. I declined and was eventually released.

America’s top spy agency has taken over the former Sony microchip plant and is transforming it into a new data-mining headquarters – oddly positioned directly across the street from a 24-hour Walmart – where billions of electronic communications will be sifted in the agency’s mission to identify terrorist threats.

“No longer able to store all the intercepted phone calls and e-mail in its secret city, the agency has now built a new data warehouse in San Antonio, Texas,” writes author James Bamford in the Shadow Factory, his third book about the NSA. “Costing, with renovations, upwards of $130 million, the 470,000-square-foot facility will be almost the size of the Alamodome. Considering how much data can now be squeezed onto a small flash drive, the new NSA building may eventually be able to hold all the information in the world.”

Bamford’s book focuses on the NSA’s transformation since 9/11, with the impetus for the new facility being a direct ramification of those attacks. At the time, the NSA had only about 7 percent of its facilities outside the Washington D.C./Baltimore area. But the realization that additional attacks could virtually wipe out the agency catalyzed a regional expansion. [See “Secret Agency Man,” November 5, 2008.]

The new facility is a potential boon to the local economy since it’s reportedly going to employ around 1,500 people, but questions remain about whether there will be adequate oversight to prevent civil-rights violations like Uncle Sam’s recent notorious warrantless wiretapping program. The NSA would suggest the facility’s ability to sort through surveillance data is one of America’s top defenses against terrorist threats, but the NSA’s presence comes with concerns that abuse of its secretive power could see the agency become akin to the “Thought Police” of 1984, George Orwell’s classic novel depicting the nightmare of a total surveillance society – and all for nothing. Even as the facility is completed, a new government-backed report has concluded that data surveillance is an ineffective method for identifying potential terrorists or preventing attacks.

So just what will be going on inside the NSA’s new San Antonio facility? Bamford describes former NSA Director Mike Hayden’s goals for the data-mining center as knowing “exactly what Americans were doing day by day, hour by hour, and second by second. He wanted to know where they shopped, what they bought, what movies they saw, what books they read, the toll booths they went through, the plane tickets they purchased, the hotels they stayed in… In other words, Total Information Awareness, the same Orwellian concept that John Poindexter had tried to develop while working for the Pentagon’s [Defense Advanced Research Projects Agency].”

Bamford details how Hayden, now head of the CIA, had originally leaned toward being overprotective of civil rights, not wanting to see the NSA revisit the scandal-ridden era of the 1970s and the violations of “Project Shamrock.” But 9/11 altered Hayden’s philosophical direction 180 degrees. The Total Information Awareness project supposedly died when the plan was exposed, Poindexter resigned, and Congress cut off further funding. But Bamford and others have reported that the project simply migrated to the NSA, “an agency with a far better track record than DARPA for keeping secrets.”

The NSA remembers the Alamo
The NSA was waffling on selection of a home for its new facility when the City of San Antonio sent a mission to NSA headquarters in January 2007 to lobby for it, part of a continuing effort to woo the agency. On January 18, Microsoft announced its selection of San Antonio for a new data center. The NSA followed suit three months later. Bexar County Judge Nelson Wolff was part of the effort to entice the NSA to choose San Antonio. He says talks centered on economic factors and what the city could do to facilitate the NSA’s plans.

“They’re pretty tight on what they do; they don’t share that information with you,” says Wolff. “I hope that the administration will be addressing [civil-rights violations], and I hope they’re correcting those concerns.”

Bamford writes about how NSA and Microsoft had both been eyeing San Antonio for years because it has the cheapest electricity in Texas, and the state has its own power grid, making it less vulnerable to power outages on the national grid. He notes that it seemed the NSA wanted assurance Microsoft would be here, too, before making a final commitment, due to the advantages of “having their miners virtually next door to the mother lode of data centers.” The new NSA facility is just a few miles from Microsoft’s data center of the same size. Bamford says that under current law, NSA could gain access to Microsoft’s stored data without even a warrant, but merely a fiber-optic cable.

“What the Microsoft people will have will be just storage of a lot of the email that is being sent. They keep this email – I don’t know why – and there should be some legislation saying how long it should be kept,” said Bamford in a phone interview last week. “The post office doesn’t keep copies of our letters when we mail letters; why should the telecom companies or the internet providers keep copies of our email? It doesn’t make sense to me. But there’s no legislation. So they need a place to store it, and that’s where they’re storing all this stuff.”

(Microsoft did not return a call for comment before press deadline.)

The new NSA facility boosts the agency’s already formidable presence in South Texas, where they have 2,000 employees on the Medina Annex of the Lackland Air Force Base – mostly Signals Intelligence, or Sigint, specialists, who use cutting-edge technology to intercept anything from faxes to emails and satellite communications.

NSA’s new facility also gives the agency easy access to UTSA’s Institute for Cyber Security and the school’s Center for Infrastructure Assurance and Security. The ICS was founded in 2007 with a $3.5-million grant from the Texas Emerging Technology Fund to continue efforts to protect American communities against cyber-attacks, with the CIAS – a think tank launched in 2001 – being rolled into the ICS. All of this led U.S. Representative Ciro Rodriguez (D-San Antonio) to declare San Antonio “the center of cybersecurity, in the country and the world.”

ICS Founding Executive Director Ravi Sandhu acknowledges some synergy between the NSA presence in San Antonio and UTSA’s cybersecurity work.

“Cybersecurity in the public domain has largely been about defense, but there’s certainly an attack component to it. To some degree, the U.S. Department of Defense and intelligence agencies are now starting to talk about the attack component in the public domain,” says Sandhu.

Sandhu says UTSA’s cybersecurity students are recruited by many of San Antonio’s local employers and doesn’t doubt that NSA is one of them. “Recruiting is one end … but it’s an attractive thing for NSA employees [too]. They can further their education – they can do degrees part-time, they can do advanced degrees … so there are advantages beyond direct recruitment of NSA students.”

Does automated data mining even work?
While the opening of the NSA’s massive new data center heightens existing civil-rights concerns, a new report from the National Research Council questions whether such data-mining is even effective. Sponsored by the Department of Homeland Security and the National Science Foundation and released in October of this year, the report suggests that pattern-based data-mining is not even a viable way to identify terrorists.

The 352-page study -“Protecting Individual Privacy in the Struggle Against Terrorists” – concludes that identification of terrorists through automated data-mining “is neither feasible as an objective nor desirable as a goal of technology development efforts.” It also says inevitable false positives will result in “ordinary, law-abiding citizens and businesses” being erroneously flagged as suspects.

“Actions such as arrest, search, or denial of rights should never be taken solely on the basis of an automated data-mining result,” says the report. The question, then, is how rigorously will human analysts vet such information before alleged leads are pursued, and who has oversight of the process?

“Part of the problem is … jurisdiction over national-security issues is very divided in Congress. You have the Homeland Security committee, the Justice committee, but, of course, you also have some basic issues – government oversight, appropriations,” says Professor Fred Cate, the NRC committee member who wrote most of the report and who serves as director of Indiana University’s Center for Applied Cybersecurity Research. “So I think in some ways one of the issues is the need for a more streamlined oversight system so that somebody takes responsibility for it.”

Cate says the migration of the TIA project to the NSA is part of the problem.

“Because so many different agencies are involved and because there are no consistent oversight mechanisms, it’s very hard [to monitor]. And Congress created a Privacy and Civil Liberties Oversight Board, and then it didn’t like the way it created it initially, so then it recreated it with more powers, but it never confirmed any members to it,” says Cate. “So for the past year, there’s been nobody in that critical position. So I think one immediate step for Congress and the new president will be to nominate members and get them confirmed.”

The lack of clearly delineated oversight remains a vital yet unsolved issue. Senator Jay Rockefeller (D-W.Virginia), Chairman of the Senate Intelligence Committee, would appear to be the Congressman with the most power to pursue such oversight.

“Eisenhower warned of the military-industrial complex, but now it’s mostly the security, industrial complex; it’s these people that build all the hardware and software for Homeland Security and Intelligence and all that,” says Bamford. “As far as I can see, nobody has a handle on how many contractors are out there, what they’re doing, how much money’s going to them, how much is useful, how much is wasted money.”

Cate says the NRC committee is not necessarily opposed to data-mining in principal, but is concerned about how it’s carried out. “The question is can you do it and make it work so that you don’t intrude unnecessarily into privacy and so that you reach reliable conclusions.”

Bamford writes in the Shadow Factory of how the NSA’s Georgia listening post has eavesdropped on Americans during the Iraq War, including journalists, without a warrant or any indication of terrorism. He also reports on NSA eavesdropping on undecided members of the United Nations Security Council in the run-up to the vote on the Iraq War resolution, with the Bush regime seeking information with which to twist the arms of voting countries. The spying was only revealed due to British Parliament whistleblower Claire Short, who admitted she’d read secret transcripts of UN Secretary-General Kofi Annan’s confidential conversations.

“The UN people have been aware of [NSA eavesdropping] for a long time, but there’s not much they can do about it,” says Bamford.

A common response to concerns about data surveillance is that those who keep their noses clean have nothing to worry about. But the reach of the NSA’s surveillance net combined with lack of oversight and the political paranoia escalated by the 9/11 attacks means that almost anyone could wind up on the terrorist watch list.

“The principal end product of all that data and all that processing is a list of names – the watch list – of people, both American and foreign, thought to pose a danger to the country,” writes Bamford. “Once containing just twenty names, today it is made up of an astonishing half a million – and it grows rapidly every day. Most on the list are neither terrorists nor a danger to the country, and many are there simply by mistake.”

Bamford reports that consequences of being on the list could include having an application for a Small Business Administration loan turned down; having a child’s application to one of the military academies rejected; or, because the names are shared with foreign governments, being turned away after landing in Europe for a vacation or business trip. All without ever being told why.

A senior intelligence official concerned about the situation told Bamford “the system is a disaster,” adding that the list at the National Counterterrorism Center isn’t even compatible with the NSA and CIA systems.

“They could be snooping on just about anything right now and not be accountable and be able to hold their hands up and go, ‘Our system doesn’t track that,’ when in many cases the system does, but the code is so convoluted you could never know it,” says the official.

Bamford also reports on Uncle Sam’s skyrocketing use of “national security letters” for obtaining personal information. The NSLs, which do not require probable cause or court approval, jumped from 8,500 in 2000 to 143,074 between 2003 and 2005, according to a 2007 Justice Department inspector general’s report. Under the revised version of the 1994 Communications Assistance for Law Enforcement Act, it’s not only a crime for any company to refuse to cooperate, it’s also become a crime for company officials to even disclose their cooperation.

“There was a lot of pressure by the FBI in ’94 to have CALEA enacted … but the Clinton Administration was in favor of doing all that,” says Bamford.

The question for us then becomes who, if anyone, is watching the watchdogs? One organization devoted to such duty is the Electronic Frontier Foundation, a San Francisco-based non-profit whose mission is to protect electronic civil liberties. Reducing the use of NSLs to gag and acquire data from online service providers is one of the planks in EFF’s proposed privacy agenda for the new Obama administration.

“The issue here is that when people are gagged, you can’t talk about it and [people] don’t know what kind of abuses there are,” says EFF media-relations coordinator Rebecca Jeschke. The EFF privacy agenda also includes repealing or repairing the FISA Amendments Act, reforming the Electronic Communications Privacy Act, and reform of the State Secrets Privilege, the latter which has been used by the Bush regime to shield its electronic surveillance activity from judicial review.

The EFF filed a lawsuit against the NSA in September on behalf of AT&T customers who were victims of warrantless wiretapping, with defendants including President Bush, Vice President Cheney, and NSA Director Keith Alexander. The EFF also filed suit against AT&T – until this summer headquartered in San Antonio, the telecom giant still maintains a sizable presence here – for participating in the illegal surveillance program, and is challenging the FISA Amendments Act passed by Congress in July – which gave retroactive immunity to the telecom companies – as being unconstitutional.

“Where I disagreed was the immunity to telecommunications entities … and that’s why I couldn’t support something that provided for the immunity provision,” says U.S. Representative Charlie Gonzalez (D-San Antonio) of the FISA Amendments Act. “We had something that we thought in the House was good, and then the Senate did their own thing. But I was never happy with the inclusion of the blanket-immunity provision to telecommunications entities, because I thought it relieved them of a responsibility and duty that they owe as corporate citizens.”

Gonzalez added that he thinks “there’s still tremendous shortcomings in the law when it comes to making sure that you don’t have abuses of the authority of eavesdropping.”

The Electronic Privacy Information Center in Washington, D.C., a public interest research group whose mission is similar to EFF’s, is suing the Department of Justice for access to documents authored by government lawyers regarding President Bush’s warrantless wiretapping program. These opinions, prepared by the Office of Legal Counsel, provided the legal rationale for Uncle Sam to wiretap American citizens in the United States without court approval. On October 31, a federal judge ordered the DOJ to provide for independent judicial inspection of documents relating to the program.

The latest news in Uncle Sam’s ongoing surveillance scandal happens to come from the FBI’s involvement with the NSA. The Washington Times reported in November that Supervisory Special Agent Bassem Youssef, who oversees the FBI’s role in the NSA’s warrantless surveillance program, says the FBI engaged in unlawful acts while carrying out that surveillance. Youssef, who now fears career retaliation for stepping up as a whisteblower, is due to testify with the Justice Department.

Whether or not the new Obama administration will enact any demonstrable change in the personnel and policies that created the civil-rights violations of recent years remains a question mark.

“Everything I’ve seen so far with Obama has not been focused on change. It’s been focused on bringing back the old Clinton Administration or continuing the same,” says Bamford, noting the President-elect’s decisions to nominate Hillary Clinton as Secretary of State and keep Robert Gates as Secretary of Defense. Bamford mentions Wisconsin Senator Russ Feingold as someone he feels would fight for greater accountability.

“That’s a person I would like to see rewarded for making the right decision, instead of people being rewarded for making the wrong decisions,” says Bamford of Feingold’s record in voting against the revised FISA Amendments Act and being the only senator to vote against the Patriot Act.

Bamford ends The Shadow Factory by quoting Senator Frank Church, the first chairman of the Senate Intelligence Committee, during the original hearings on the NSA in the 1970s. “If a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology,” said Church more than three decades ago.

That technology now sees its latest evolution occurring at the shadowy building on San Antonio’s West Military Drive. •

© 2009 San Antonio Current

Source: http://www.sacurrent.com/news/story.asp?id=69607

Peace activists deflate dome of Waihopai spy base

Statement issued 6.30pm 4 May 2008:

ANZAC PLOUGHSHARES DEFLATE AND UNMASK WAIHOPAI

waihopai

At 6am on the morning of the 30 April three people entered the Waihopai Spy Base and used a sickle to deflate one of the two 30 metre domes covering satellite interception dishes.

The group then built a shrine and prayed for the victims of the war with no end – the so-called ‘War on Terror’ led by the United States.

They took such action because they felt compelled to non-violently respond to the Bush Administration’s admission that intelligence gathering is the most important tool of the ‘War on Terror’.

The ECHELON spy network, including Waihopai, is an important part of the US government’s global spy network.

Despite New Zealand government opposition to the US-led invasion of Iraq, Waihopai could have been used to spy on UN Security Council members so the US could more easily ‘persuade’ them to favour the invasion.

Waihopai is funded by the New Zealand taxpayer yet its activities are shrouded in secrecy. All that is needed for Waihopai’s continued operation and our subsequent complicity to the ‘War on Terror’ is our silence.

We ask you to support such non-violent action against Waihopai, New Zealand’s most significant contribution to the ‘War on Terror’, a war that has resulted in illegal military invasions, illegal detention and torture and an unprecedented attack on civil liberties in all Western democracies.

– – – – – – –

Original Statement issued 6.30am 30 April:

STATEMENT OF THE WAIHOPAI ANZAC PLOUGHSHARES

They shall beat their swords into ploughshares, their spears into pruning hooks; nation shall not lift sword against nation; and there shall be no more training for war. Isaiah 2:4

Waihopai Spy Base Penetrated

This morning, 30 April 2008, we entered the Waihopai Spy Base near Blenheim.

Our group, including a Dominican Priest, temporarily closed the base by padlocking the gates and proceeded to deflate one of the large domes covering two satellite dishes.

At 6am we cut through three security fences surrounding the domes – these are armed with razor wire, infrared motion sensors and a high voltage electrified fence.

Once inside we used sickles to cut one of the two 30-metre white domes, built a shrine and knelt in prayer to remember the people killed by United States military activity.

We have financed our activities through personal savings, additional part-time employment and a small interest-free loan from one of our supporters.

We are responding to the Bush administration’s admission that intelligence gathering is the most important tool in the so-called War on Terror. This war will have no end until citizens of the world refuse to let it continue. The ECHELON spy network including Waihopai, is an important part of the US government’s global spy network and we have come in the name of the Prince of Peace to close it down.

The base is funded by New Zealand tax payers and located on New Zealand soil which makes New Zealand a target through our association with the UKUSA intelligence cooperation agreement.

Five years ago the Clark government opposed the US-led invasion of Iraq. Yet at the same time the Bush administration was using the National Security Agency’s ECHELON system, of which Waihopai is an integral component, to spy on UN Security Council members so it could more easily swing them in favour of an invasion.

There have been over 100 Ploughshares actions over the last twenty years around the world. Ploughshares direct actions are linked through the common factors of: entry to locations connected to military activity, Christian prayers and most involve some form of property destruction.

– – – – –

About Waihopai & ECHELON

Green MP Keith Locke quoting the Anti-Bases Campaign claims the base has cost New Zealand up to NZ$500million since 1989. The base intercepts electronic communications throughout the Pacific region including New Zealand and is often staffed by personnel from US agencies.

In 1996 researcher Nicky Hager published an expose on Waihopai and New Zealand’s strong links to the USA-led ECHELON network of six similar spy stations around the world. The United Nations launched an investigation in 2003 to claims that ECHELON had been used by the US government to eavesdrop on UN diplomats and Security Council members. A report published in 2000 showed that ECHELON had also been used by the US to gain commercial advantage for US corporations.

Information gathered at Waihopai is transferred to the Government Communications Security Bureau (GCSB) in Wellington and fed unseen directly to Washington DC.

Source: http://ploughshares.org.nz/original-statement/

Construction begins on NSA/Navy center

Posted on: Friday, August 31, 2007

Work starts on national security center in Wahiawa

By Lynda Arakawa
Advertiser Central O’ahu Writer


Hawaii news photo – The Honolulu Advertiser

Mike Stramella; Cynthia Dearfield; Rear Adm. T.G. Alexander, commander of Navy Region Hawai’i and Naval Surface Group Middle Pacific; U.S. Sen. Daniel K. Inouye; Army Lt. Gen Keith Alexander, director, National Security Agency/chief, Central Security Service; Gerry Majkut; Navy Capt. Jan Tighe, commander, National Security Agency/Central Security Service; Theron Holloway; Navy Capt. Clifford Maurer; Cary Sparks; and Henry Lee break the ground with ‘o’o sticks during a ceremony for the new Hawai’i Regional Security Operations Center at the U.S. Naval Computer and Telecommunications Area Master Station Pacific in Wahiawa. The building, which is scheduled for completion in late 2010, is part of the largest construction contract in the history of the Naval Engineering Facility Command.

The National Security Agency/Central Security Service Hawai’i yesterday broke ground on its new operations facility in Wahiawa that security officials said will help strengthen the nation’s intelligence capabilities.

The new 234,000-square-foot, two-story building adjacent to Whitmore Village is expected to be completed in September 2010. It’s part of a 270,000-square-foot complex built on 70 acres at the Naval Computer and Telecommunications Area Master Station Pacific.

The $318 million project also includes an access road and improvements to Whitmore Avenue and Kamehameha Highway.

The new Hawai’i Regional Security Operations Center – to be located at a previously decommissioned circular antenna array known as the “elephant cage” – will replace an aging underground facility in Kunia.

NSA officials said it’s unclear how many personnel will work in the new facility and how many will be new positions. They said most of the 2,700 current personnel at the Kunia facility building will move to the new structure and that the agency also expects “limited hiring” for specific skills starting in 2009.

The Kunia Regional Security Operations Center, now known as the National Security Agency Hawai’i, performs intelligence gathering and analysis missions supporting U.S. interests in areas including the Pacific, Far East, Southeast Asia and the Indian Ocean.

Security officials yesterday expressed high expectations for the new facility.

“This state-of-the-art facility will enable us to strengthen our intelligence support to the nation’s policymakers and combatant commanders,” said Navy Capt. Jan Tighe, commander of the National Security Agency/Central Security Service, Hawai’i. “It will provide NSA/CSS Hawai’i with an open, flexible, collaborative work environment allowing us to respond to new threats in an agile and timely manner.”

The new facility was initially planned to be a 350,000-square-foot, three-story building, but NSA Hawai’i spokeswoman Liz Egan said it was scaled down because of construction costs in Hawai’i.

In addition to the complex, contractor DCK Pacific LLC, will build an 8,000-foot access road connecting the facility to Whitmore Avenue that officials said will help divert traffic away from homes.

The project also includes improvements to Whitmore Avenue, including additional turn lanes, traffic signal upgrades at the Kamehameha Highway intersection and a sidewalk extension from Kamehameha Highway to Kahi Kani Park. Officials said improvements also will be made to Kamehameha Highway at and around the intersection with Whitmore Avenue.

The road construction work will be done around rush hour periods to reduce the impact on the community, said Naval Facilities Engineering Command Hawai’i spokeswoman Denise Emsley.

Alena Pule, president of the Whitmore Community Association, said she supports the project.

“I feel a new era for the community and the military,” she said.

Pule also said the access road will help alleviate traffic in the area “so there is safety for our kids … and the community.”

An NSA spokeswoman said officials have yet to decide the future of the existing underground Kunia facility, also known as “the Tunnels.”

The 250,000-square-foot Kunia facility, adjacent to Schofield Barracks, was built in the 1940s following the Pearl Harbor attack. Military officials wanted to have an aircraft assembly plant less vulnerable to enemy attack.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com.

Source: http://the.honoluluadvertiser.com/article/2007/Aug/31/ln/hawaii708310326.html