WikiLeaks Publishes NSA Documents Detailing Economic Espionage by ‘Five Eyes’ Alliance Against France

WikiLeaks French Economic Espionage Documents
Graphic created by WikiLeaks for release of documents showing French economic espionage

WikiLeaks published documents from the National Security Agency showing details of economic espionage against France by the “Five Eyes’ alliance, which consists of the United States, Great Britain, Canada, Australia and New Zealand.

One document is an “information need” spying order that was first created in 2002. It shows that the alliance sought information on economic relations with the United States, French business practices, relations with least developed countries and transitional states, foreign contracts, French trade, French views, views on G8/G20 developments/issues, budgetary constraints/contributions to NATO, and “questionable trade activities.”

The information gathered was supposed to support the CIA, Commerce Department, Federal Reserve, Treasury Department, State Department, US Trade Representative and Homeland Security Department. Any information collected was designated “releasable” to any of the “Five Eyes” countries.

Another document from 2012 shows particular interest in uncovering information on any “French contract proposals” or “negotiations for international sales or investments in major projects or systems of significant interest to the foreign host country,” especially those involving more than $200 million in sales and/or services.

Of particular interest was information on telecommunications networks or technology, electric power, natural gas or oil facilities and infrastructure, including nuclear power and renewable energy, transportation infrastructure, environmental technology, and health care infrastructure, services, and technology.

In one intercepted communication from about 2008, European Union Trade Section head Hiddo Houben and French Minister-Counselor for Economic and Financial Affairs Jean-Francois Boittin criticized US trade policy toward the World Trade Organization (WTO). Boittin was astonished at the “level of ‘narcissism’ and wasteful contemplation currently on display in Washington.”

Houben was especially critical of the Trans-Pacific Partnership initiative and how the US seemed to want to negotiate with every nation bordering China, “asking for commitments that exceed those countries’ administrative capacities so as to ‘confront’ Beijing.” If this took 10 years, Houben maintained China would grow disinterested in the process because the world would have changed so much. The US would have to return to the WTO, and it would prove that Washington had “no real negotiating agenda” for nations like China or Brazil.

In another summary of an intercepted communication that is believed to be from 2008, it is clear there was spying against French Ambassador Jean-David Levitte.  The diplomat considered confronting the US over corruption related to the United Nations’ oil-for-food program in Iraq after a report from the Iraq Survey Group.

“The ambassador termed the report scandalous, since it named no US companies and he claimed that many French companies with contracts under the OFF program were actually subsidiaries of US firms that also profited from the business dealings. He therefore planned, with foreign ministry backing, to present a list of these US companies to both the US Congress and the media,” according to the summary.

On July 31, 2012, a communication from Finance, Economy and Trade Minister Pierre Moscovici was intercepted. Moscovici indicated, “The French economic situation is worse than anyone can imagine and drastic measures will have to be taken in the next 2 years.”

The documents are the latest documents from WikiLeaks that have been released as part of a project, “Espionnage Élysée.”

“The United States has been conducting economic espionage against France for more than a decade,” WikiLeaks editor-in-chief Julian Assange declared. “Not only has it spied on the French Finance Minister, it has ordered the interception of every French company contract or negotiation valued at more than $200 million.” (more…)

The Sunday Times’ Snowden Story is Journalism at its Worst — and Filled with Falsehoods

By Glenn Greenwald

Western journalists claim that the big lesson they learned from their key role in selling the Iraq War to the public is that it’s hideous, corrupt and often dangerous journalism to give anonymity to government officials to let them propagandize the public, then uncritically accept those anonymously voiced claims as Truth. But they’ve learned no such lesson. That tactic continues to be the staple of how major US and British media outlets “report,” especially in the national security area. And journalists who read such reports continue to treat self-serving decrees by unnamed, unseen officials – laundered through their media – as gospel, no matter how dubious are the claims or factually false is the reporting.

We now have one of the purest examples of this dynamic. Last night, the Murdoch-owned Sunday Times published their lead front-page Sunday article, headlined “British Spies Betrayed to Russians and Chinese.” Just as the conventional media narrative was shifting to pro-Snowden sentiment in the wake of a key court ruling and a new surveillance law, the article (behind a paywall: full text here) claims in the first paragraph that these two adversaries “have cracked the top-secret cache of files stolen by the fugitive US whistleblower Edward Snowden, forcing MI6 to pull agents out of live operations in hostile countries, according to senior officials in Downing Street, the Home Office and the security services.”

Read the full column on The Intercept.

UPDATE: The Sunday Times has now quietly deleted one of the central, glaring lies in its story: that David Miranda had just met with Snowden in Moscow when he was detained at Heathrow carrying classified documents. By “quietly deleted,” I mean just that: they just removed it from their story without any indication or note to their readers that they’ve done so (though it remains in the print edition and thus requires a retraction). That’s indicative of the standard of “journalism” for the article itself. Multiple other falsehoods, and all sorts of shoddy journalistic practices, remain thus far unchanged.

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© 2015 The Intercept / First Look Media

Los Angeles Times Editorial Board Endorses Prosecution of Edward Snowden

"LA Times building" by jim Winstead from los angeles, usa - the los angeles times building. Licensed under CC BY 2.0 via Wikimedia Commons.

The Los Angeles Times Editorial Board published an editorial that argues against granting NSA whistleblower Edward Snowden a pardon. It endorses the Justice Department’s prosecution of Snowden under the Espionage Act, despite the fact that his unauthorized disclosures were responsible for key reforms.

The “serious arguments” against a pardon, according to the editorial board, include the fact that America is a “society of laws” and “someone who engages in civil disobedience in a higher cause should be prepared to accept the consequences.”

“A stronger objection, in our view, is that Snowden didn’t limit his disclosures to information about violations of Americans’ privacy. He divulged other sensitive information about traditional foreign intelligence activities, including a document showing that the NSA had intercepted the communications of then-Russian President Dmitry Medvedev during a Group of 20 summit in London in 2009.”

“A government contractor who discloses details of US spying on another country is not most Americans’ idea of a whistleblower,” the editorial board declares.

The Los Angeles Times Editorial Board’s chief complaint amounts to the suggestion that Snowden is not a big enough nationalist because he revealed ethically dubious spying activities carried out against other countries. And, although there has never been a public debate about the extent to which the US government should be spying on all the people of the world, as well as leaders of countries, Snowden should not be shown too much leniency because this spying should remain secret from the American public.

Whatever “Americans’ idea of a whistleblower” happens to be, it has been influenced by government officials seeking to propagandize the public so that they oppose individuals like Snowden.

Jason Leopold, a journalist for VICE News, reported that a “group of bipartisan lawmakers solicited details from the Pentagon,” which could be used to “damage” Snowden’s “credibility in the press and court of public opinion.”

The Pentagon provided Congress with unclassified talking points on January 8, 2014. They may seem familiar because they have been repeated numerous times by US media organizations. (In fact, the second talking point is what the Los Angeles Times Editorial Board considers to be the most persuasive argument against pardoning Snowden.)

Much of the information compromised [by Snowden] has the potential to gravely impact the National Security of the United States, to include the Department of Defense [DoD] and its capabilities.

While most of the reporting to date in the press has centered on NSA’s acquisition of foreign intelligence to protect the lives of our citizens and allies, the files cover sensitive topics well beyond the NSA collection. Disclosure of this information in the press and to adversaries has the potential to put Defense personnel in harm’s way and jeopardize the success of DoD operations.

These unauthorized disclosures have tipped off our adversaries to intelligence sources and methods and negatively impacted our Allies who partner with us to fight terrorism, cyber crimes, human and narcotics trafficking, and the proliferation of weapons of mass destruction. Such international cooperation involving the pooling of information, technology, and expertise is critical to preserve our security and that of our allies.

The Los Angeles Times published a story on Snowden on June 28, 2013, that quoted anonymous officials who were speaking about classified information that they claimed showed Snowden had given an “edge” to “US rivals.”

“Russia, China and terrorism suspects have altered how they communicate to evade US detection, current and former U.S. intelligence officials say,” the media organization reported.

It is now abundantly clear that this story was based in Pentagon propaganda, which officials were prepared to feed to the public through journalists and members of Congress. (more…)

Obama Administration Expanded Warrantless Surveillance to Target ‘Malicious Cyber Activity’

Defense Department Photo

Documents from NSA whistleblower Edward Snowden show warrantless surveillance was expanded by President Barack Obama’s administration to target “malicious cyber activity.”

After Congress legalized the warrantless wiretapping with the FISA Amendments Act in 2008, non-US citizens could be targeted abroad. The administration developed a new policy for cybersecurity and took steps that would make the difference between a spy and criminal nearly non-existent.

According to a report from the New York Times and ProPublica, the White House National Security Council decided in May 2009 that “reliance on legal authorities that make theoretical distinctions between armed attacks, terrorism and criminal activity may prove impractical.”

The NSA proposed that the government use the warrantless surveillance program for cybersecurity about the same time.

In May and July 2012, the Justice Department signed off on searches of “cybersignatures” and Internet addresses. The approval was tied to previously granted authority to spy on foreign governments obtained from the Foreign Intelligence Surveillance Court. However, the NSA soon grew frustrated with the limits this imposed on them.

“That limit meant the NSA had to have some evidence for believing that the hackers were working for a specific foreign power,” the report indicates. “That rule, the NSA soon complained, left a ‘huge collection gap against cyberthreats to the nation’ because it is often hard to know exactly who is behind an intrusion, according to an agency newsletter. Different computer intruders can use the same piece of malware, take steps to hide their location or pretend to be someone else.”

Before the year was over, the NSA pressed the secret surveillance court for permission to use the warrantless wiretapping program for “cybersecurity purposes.”

As this happened, the FBI’s authority to target Internet data and use it for its criminal and “national security” investigations expanded.

…[T]he FBI in 2011 had obtained a new kind of wiretap order from the secret surveillance court for cybersecurity investigations, permitting it to target Internet data flowing to or from specific Internet addresses linked to certain governments.

To carry out the orders, the FBI negotiated in 2012 to use the NSA’s system for monitoring Internet traffic crossing “chokepoints operated by U.S. providers through which international communications enter and leave the United States,” according to a 2012 NSA document. The NSA would send the intercepted traffic to the bureau’s “cyberdata repository” in Quantico, Virginia…

The newly claimed authority is but another example of an expansion of executive power the Obama administration arrogated to itself without any public debate whatsoever. (more…)

A Misleading Moment of Celebration for a New Surveillance Program

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This is cross-posted with permission from ExposeFacts.org.

The morning after final passage of the USA Freedom Act, while some foes of mass surveillance were celebrating, Thomas Drake sounded decidedly glum. The new law, he told me, is “a new spy program.” It restarts some of the worst aspects of the Patriot Act and further codifies systematic violations of Fourth Amendment rights.

Later on Wednesday, here in Oslo as part of a “Stand Up For Truth” tour, Drake warned at a public forum that “national security” has become “the new state religion.” Meanwhile, his Twitter messages were calling the USA Freedom Act an “itty-bitty step” — and a “stop/restart kabuki shell game” that “starts w/ restarting bulk collection of phone records.”

That downbeat appraisal of the USA Freedom Act should give pause to its celebrants. Drake is a former senior executive of the National Security Agency — and a whistleblower who endured prosecution and faced decades in prison for daring to speak truthfully about NSA activities. He ran afoul of vindictive authorities because he refused to go along with the NSA’s massive surveillance program after 9/11.

Drake understands how the NSA operates from the highest strategic levels. He notes a telling fact that has gone virtually unacknowledged by anti-surveillance boosters of the USA Freedom Act: “NSA approved.” So, of course, did the top purveyor of mendacious claims about the U.S. government’s surveillance programs — President Obama — who eagerly signed the “USA Freedom” bill into law just hours after the Senate passed it.

(more…)

Congress Did Not Pass an Anti-Surveillance Law (And Other Thoughts About the USA Freedom Act)

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When President Barack Obama signed the USA Freedom Act, it did not end bulk data collection or mass surveillance programs. It did not address many of the policies, practices or programs of the NSA, which NSA whistleblower Edward Snowden revealed. It did not sharply limit surveillance nor was it an anti-surveillance law. The USA Freedom Act renewed Patriot Act provisions, which had sunset days ago. However, it is difficult to disagree with Snowden’s generally optimistic assessment.

During an Amnesty International UK event, as the Senate was about to pass the law, Snowden declared, “For the first time in forty years of US history, since the intelligence community was reformed in the ’70s, we found that facts have become more persuasive than fear.”

Snowden continued, “For the first time in recent history we found that despite the claims of government, the public made the final decision and that is a radical change that we should seize on, we should value and we should push further.”

He was specifically referring to how the Congress and courts had rejected this NSA surveillance program.

In that sense, June 2 was a day that the people won against the security state. US citizens took away the government’s control of nearly all of their domestic call records. And power was forced to act because their operation of a program and the operations of a secret surveillance court, the Foreign Intelligence Surveillance Court, were no longer seen as legitimate.

The extent of the victory, however, probably ends there.

As another NSA whistleblower, Bill Binney, said during an event in Chicago, the USA Freedom Act was a “surface change.” The government still has Executive Order 12333, which it can use for “content collection of US domestic communications as well as metadata. It’s all done through the Upstream programs. It’s done without oversight at all. There’s no oversight by Congress or the courts.” [Upstream is the series of different cables and fiber optic taps that the NSA uses to collect data that passes through fiber networks. Phone calls, emails, cloud transfers, pictures, and video, according to Binney, can all be collected.]

Journalist Marcy Wheeler pointed out that bulk collection of Americans’ international phone calls will continue. “Backdoor searches” under Section 702 of the FISA Amendments Act will continue, as the NSA can collect emails, browsing and chat history of US citizens without a warrant.

A number of the senators who voted for the USA Freedom Act did so because the three Patriot Act provisions had expired. They wanted something passed quickly so the NSA could resume spying operations that were supposed to be put on hold. So, some senators saw the USA Freedom Act as both a law to protect security as well as privacy.

Senator Bernie Sanders voted against the USA Freedom Act and explained in a released statement that it would still give the NSA and “law enforcement too much access to vast databases of information on millions of innocent Americans.”

The independent senator voted against the Patriot Act and both of the law’s extensions in 2005 and 2011.

The only Democratic senator to vote against the law. (more…)

White House Insists Snowden is Still Guilty of ‘Very Serious Crimes’

Regardless of political developments that may vindicate the actions of NSA whistleblower Edward Snowden, the White House still maintains that he committed “very serious crimes” and should continue to face prosecution in the United States.

White House Press Secretary Joshua Earnest was asked during a press briefing on June 1 about whether it was time to “reassess the persecution” of Snowden. All three branches of government have rejected the use of the Patriot Act to justify bulk data collection by the NSA, a program which Snowden revealed to the public.

“It’s not,” Earnest replied. “The fact is Mr. Snowden committed very serious crimes, and the US government and Department of Justice believe that he should face them.”

“That’s why we believe Mr. Snowden should return to the United States, and he will have the opportunity if he were to return to the United States to make that case in a court of law. But, obviously, our view on this is that he committed and is accused of very serious crimes.”

As a follow-up, Earnest was pressed on the fact that Snowden would not be able to make a public interest or whistleblower defense in court during a trial. He is charged with violating the Espionage Act. The Justice Department prosecutes it as a strict liability crime, which means motive does not matter. If a person causes “national defense” information to be made public without proper authorization, that is enough to convict them of committing a violation of the law.

“Would you be willing to at least talk to him about the circumstances in which you’ve said you’d give him a fair trial?”

Earnest suggested the Justice Department would have to handle something like that. He would not get into how that would play out. But, he added, “There exists mechanisms for whistleblowers to raise concerns about sensitive national security programs.”

“Releasing details of sensitive national security programs on the internet for everyone, including our adversaries, to see is inconsistent with those protocols that are established for protecting whistleblowers.”

Jesselyn Radack, an attorney who has represented Snowden, reacted, “Snowden did not release any documents on the internet. He provided documents to journalists, who used their editorial discretion to decide what was worthy and in the public interest to know.”

It is a “tried and true line,” which President Barack Obama’s administration has “trotted out in Espionage Act cases.” The argument is because terrorists read newspapers there will be grave harm, but it is generally not supported by facts.

When Snowden was at the NSA, he was working as a private contractor. Snowden did not have “proper channels” he could go through because the presidential policy directive put in place for “intelligence officers” excluded contractors. So, it is hard to figure out what “protocols” Earnest was referencing when he made his remarks.

Radack added, “As one of the attorneys representing Snowden, given the recent developments in the courts and Congress, it is clearly time to drop these charges against Mr. Snowden.”

It was not Obama that created this political moment where potential surveillance reforms were debated and senators spoke out against bulk data collection. It was Snowden—and a number of senators recognize this reality.

However, Earnest claimed that Obama should be the one credited with any surveillance reform that passes in Congress.

“To the extent that we’re talking about the president’s legacy, I would suspect that would be a logical conclusion from some historians that the president ended some of these programs that did raise concerns [among] those who prioritize privacy and civil liberties of the American people,” Earnest stated.

“This is consistent with the reforms that the president advocated a year and a half ago. And these are reforms that required the president and his team to expend significant amounts of political capital to achieve over the objection of Republicans.”

Yet, few senators have credited Obama for pushing reform. Politicians in Washington recognize that public opinion, which has been influenced by disclosures from Snowden, is why they are considering changes to policies.

A Pew Research Center poll recently found that few Americans support government holding on to their data in bulk. Only 6% were “very confident” that government can keep records “safe and secure.”

“[Sixty-five percent] of American adults believe there are not adequate limits on the telephone and internet data that the government collects.”

The Marvelous Moment When a Few Patriot Act Spying Powers Sunset

Sen. Mitch McConnell

Three powers in the Patriot Act expired on Sunday night. Though temporary, the development marked the first time since the September 11th attacks that the expansive and covert global security state suffered a setback, where power was lost.

It was all because of National Security Agency whistleblower Edward Snowden and a shift in public consciousness brought about by what Snowden revealed about massive government surveillance.

Republican Senate Majority Leader Mitch McConnell was livid as he found himself with no choice but to call for a vote on a motion to debate the USA Freedom Act, a watered-down piece of reform legislation supported by President Barack Obama’s administration and the intelligence community which he had opposed.

On May 20, Senator Rand Paul held the Senate floor for ten and a half hours as he opposed extending provisions of the Patriot Act. His action single-handedly put the Senate in a position, where it would be difficult to prevent expiration.

There was one option: pass the USA Freedom Act, which maintained the “roving wiretap” and “lone wolf” provisions but made changes to the bulk phone records collection program.

On May 22, the USA Freedom Act failed to pass in the Senate. Senators scrambled to save the government’s spying powers. Senator Richard Burr and Senator Dianne Feinstein each proposed their own bills, which would have been very favorable to the country’s intelligence agencies had either piece of legislation gained support.

The Senate’s only alternative to simply letting powers expire was to support a bill that had failed earlier in May. McConnell had to call for a cloture vote on a bill that does not give government the same exact power agencies have had under the Patriot Act. In other words, McConnell had to concede that security hawks would suffer a rare defeat this round. (more…)

Senate Effort to Renew NSA Spying Powers Contains Provision to Stop Next Edward Snowden

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Senator Dianne Feinstein has proposed legislation to protect the National Security Agency from losing dragnet surveillance powers when Patriot Act provisions expire. But her bill would not only save spying powers but also codify into law a provision that would expressly enable the government to criminalize any national security whistleblower who may choose to follow the footsteps of NSA whistleblower Edward Snowden.

As first reported by journalist Marcy Wheeler, the provision in Feinstein’s bill [PDF] is modeled after the Espionage Act, which President Barack Obama’s administration has aggressively relied upon to prosecute a record number of whistleblowers. (Snowden was indicted under the Espionage Act.)

The provision would prohibit “unauthorized disclosures” by an “officer, employee, contractor, or consultant of the United States” or any “recipient of an order” issued under the Foreign Intelligence Surveillance Act (FISA), who “knowingly comes into possession of classified information or documents or materials containing classified information” of the US.

A person could be criminalized if they disclosed any information connected to an application to the FISA Court, an order approved by the court or information acquired under a directive issued by the court.

Knowingly communicating, transmitting and making available information to an “unauthorized person,” such as a journalist, would be criminal. Someone who “knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location,” as Snowden did before providing documents to journalists, would be violating the law as well.

Making information available to a reporter could potentially result in someone going to jail for ten years. Retaining documents at an unauthorized location could potentially result in a one-year prison sentence.

A similar provision was included in a bill introduced by Senator Richard Burr over the weekend. The bill was also drafted to protect dragnet surveillance powers.

Both Burr, a Republican who chairs the Senate intelligence committee, and Feinstein, a Democrat and former chair of the Senate intelligence committee, are powerful senators who have traditionally supported anti-leaks measures, which Senator Ron Wyden blocked in 2012.

Feinstein accused Snowden in June 2013 of “violating” his oath to defend the Constitution. She unequivocally stated, “He violated the law. It’s treason.” When Burr found about what Snowden revealed on mass surveillance, he was not concerned about the programs but rather about how a contractor like Snowden had access to so much material.

Jesselyn Radack, an attorney who has represented a number of whistleblowers such as Thomas Drake, Bill Binney, and currently represents Snowden, reacted, “Feinstein is the latest member of Congress to offer a non-compromise ‘compromise’ to replace the already-compromised USA Freedom Act. Her bill would essentially retain Richard Burr’s odious Section 215 mini-Espionage Act, imposing 10-year penalties on people like my NSA whistleblower clients Edward Snowden, William Binney and Thomas Drake, who told us what the intelligence community was really doing with the call records program.”

“The most disturbing aspect is the prospect of Congress codifying the Justice Department’s draconian use of the century-old Espionage Act into law when there’s a lot of validity that the Department has unconstitutionally applied the Espionage Act to whistleblowers.”

The provision contains no clear and present danger standard, which means it would not matter if a person knew the disclosure of information would result in no harm. The government would be under no obligation to present any evidence that a release of information caused grave damage or harmed anyone during prosecution. This would likely violate the First Amendment. (more…)