Viktor Bout Arrested

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Curious. The Thais just arrested the noted Russian arms dealer, Viktor Bout.

For years, Russian arms dealer Viktor Bout has made millions of dollars allegedly delivering weapons and ammunition to warlords and militants. Officials believe many of his activities may be illegal, and on Thursday, Thai police announced his arrest.

Bout, 41, has made his deliveries to Africa, Asia and the Mideast, using obsolete or surplus Soviet-era cargo planes.

[snip]

According to U.S. officials, Bout — a former Soviet air force officer who speaks multiple languages — has what is reputed to be the largest private fleet of Soviet-era cargo aircraft in the world.

Bout acquired the planes shortly after the breakup of the Soviet Union, the U.S. Department of Treasury said in 2005.

At that time, the U.S. Treasury announced it was freezing the assets of Bout and his associates who are all tied to former Liberian President Charles Taylor. Taylor is currently on trial at the United Nations War Crimes Tribunal at The Hague.

Intelligence officials said he shipped large quantities of small arms to civil wars across Africa and Asia, often taking diamonds in payment from West African fighters.

I say, "curious," because I doubt this could have happened without US approval–as the promise of an "announcement" in NY later today suggests.

A formal announcement on his arrest is expected later in the day in New York.

And it appears that actual warrant came from our DEA–in connection with Columbia’s FARC.

Bout, the target of an international arrest warrant and U.S. sanctions, was picked up at a Bangkok hotel after he entered Thailand on February 29. Police were searching for an associate.

Bout was attempting "to procure weapons for Colombia’s FARC rebels", the Thai police said in an arrest report.

Which suggests it ties in some way to the cross-border raid the Colombians staged in Ecuador, for which the US is alleged to have provided intelligence. Read more →

Droning Cell Phone Calls

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Noah Shachtman is going to convince me to give up my cell phone. Today he notes an AP story reporting that Palestinians believe Israel’s spy drones are jamming cell phone lines and then using them to take out targets.

Palestinians say they know when an Israeli drone is in the air: Cell phones stop working, TV reception falters and they can hear a distant buzzing. They also know what’s likely to come next — a devastating explosion on the ground.

Palestinians say Israel’s pilotless planes have been a major weapon in its latest offensive in Gaza, which has killed nearly 120 people since last week.

[snip]

Wary Gaza militants using binoculars are on constant lookout for drones. When one is sighted overhead, the militants report via walkie-talkie to their comrades, warning them to turn off their cell phones and remove the batteries for fear the Israeli technology will trace their whereabouts.

The AP goes on to note that the US has used such Predator drone attacks in Pakistan and Afghanistan as well–though the AP doesn’t explicitly say these drones triggered using cell phone signals.

In January, a missile fired from a Predator killed Abu Laith al-Libi, a top al-Qaida commander, in Pakistan’s lawless tribal region of north Waziristan. Coalition forces in Afghanistan are believed to have launched a number of missile strikes from drones against Taliban and al-Qaida militants hiding on the Pakistani side of the border, but the U.S. military has never confirmed them.

This report follows on one from last week, in which the Taliban demanded cell phone operators in Afghanistan turn off cell signal for 10 hours a day–or they’d take the towers out.

Taliban militants threatened Monday to blow up telecom towers across Afghanistan if mobile phone companies do not switch off their signals for 10 hours starting at dusk.

Taliban spokesman Zabiullah Mujaheed said the U.S. and other foreign troops in the country are using mobile phone signals to track down the insurgents and launch attacks against them.

Since that time, the Taliban have taken out at least two cell towers (h/t oscar).

Two mobile phone antennas were destroyed in southern Afghanistan, officials said Sunday, after Taliban militants threatened to bring down such masts, alleging they are used to locate hideouts.

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The Incredible Disappearing PFIAB

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Smintheus provides a good background on Bush’s Executive Order to gut PFIAB (h/t scribe).

On Friday afternoon the White House posted without fanfare a new Executive Order that revamps an important though little known intelligence board. There are a few minor changes, but the most radical revision appears to be that the board has now been stripped of nearly all its powers to investigate and check illegal intelligence activities. It’s difficult to see what legitimate reasons there could have been for gutting the oversight activities of the board in this way, and the WH has not explained the changes.

[snip]

The newly revised IOB is much more passive. Gone is the duty to review agency guidelines regarding illegal intelligence activities. Gone is the duty to hold accountable the intelligence watchdog offices, such as inspectors general, who are supposed to serve as a bulwark against illegal activities.

Gone is the duty ("shall…forward") to take illegal activities directly to the Attorney General.

I wanted to add just a few details of context.

First, recall that the referrals by IOB–and the absence of any response to such referrals–got Alberto Gonzales in trouble.

In 2005, Gonzales had assured Congress there were no violations of privacy associated with the PATRIOT Act. But last year it became clear that Gonzales received reports of at least six violations.

As he sought to renew the USA Patriot Act two years ago, Attorney General Alberto R. Gonzales assured lawmakers that the FBI had not abused its potent new terrorism-fighting powers. "There has not been one verified case of civil liberties abuse," Gonzales told senators on April 27, 2005.

Six days earlier, the FBI sent Gonzales a copy of a report that said its agents had obtained personal information that they were not entitled to have. It was one of at least half a dozen reports of legal or procedural violations that Gonzales received in the three months before he made his statement to the Senate intelligence committee, according to internal FBI documents released under the Freedom of Information Act.

When cornered on his lie, Gonzales invented some mumbo jumbo about how violations that get reported to the IOB aren’t really violations.

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Taliban Cells and Cables

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I’m not really sure if these dots connect at all, but let me point them out and have the tech wizards rip me to shreds.

On January 31, two telecom cables lines to Egypt went out. The countries that were most affected, by far, by the cuts were Egypt and Pakistan–with Pakistan losing over 70% of its connectivity. Cables continued to go down around the Middle East; eventually, a UN official conceded the outages may have been intentional.

Today, Noah Shachtman reports that the Taliban in Afghanistan are threatening to take out cell phone towers if the providers don’t turn them off for ten hours every night.

Taliban militants threatened Monday to blow up telecom towers across Afghanistan if mobile phone companies do not switch off their signals for 10 hours starting at dusk.

Taliban spokesman Zabiullah Mujaheed said the U.S. and other foreign troops in the country are using mobile phone signals to track down the insurgents and launch attacks against them.

The AP notes that Afghanistan’s cell network went in since our 2001 invasion, so presumably the connectivity to the country, like that in Iraq, is largely under US control. That is, as insurgents in Iraq are doing, you’d have to blow the towers to cut their connectivity.

Shachtman goes on to note that the Taliban have a point.

Without getting into specifics, let me say that Mujaheed’s concern is eminently reasonable. Former Royal Navy sailor Lew Page notes:

The mobile companies have long been thought by the Taliban to be colluding with NATO and Coalition forces operating in Afghanistan, and in fact it would be surprising if they weren’t. The Afghan government is heavily dependent on the international troops. Use of the mobile networks for intelligence is an obvious step which is well-nigh certain to have been taken, just as governments have done in every country. And it’s well known that masts can be used to locate a phone which is powered up.

What’s less clear is why the Taliban have chosen to demand a shutdown of mast signals at night. Even the most paranoid phone-security advisers would normally suggest taking the battery out of one’s phone, rather than menacing local cell operators unless they went off the air. (The idea of removing the battery is to guard against someone having modified the phone to switch itself on without the owner’s knowledge.)

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The Pointy End of a Dull Spear

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The NYT has a fascinating profile of Jose Rodriguez–the guy who ordered the destruction of the CIA torture tapes. This anecdote conveys the kind of guy we’re dealing with:

Not long after the tapes were destroyed, Mr. Goss held a management retreat for top agency officials meant in part to soothe tensions among the agency’s dueling branches. There the deputy director for intelligence — the head of analysis — complained openly about the arrogance of the clandestine branch and said undercover officers thought they could get away with anything.

That was too much for Mr. Rodriguez. He stood up in the room, according to one participant in the meeting, and shouted in coarse language that the analysis chief should “wake up and smell the coffee,” because undercover officers were at the “pointy end of the spear.”

The clandestine branch, Mr. Rodriguez was making it clear, would do what it wanted.

While the profile doesn’t offer much new in the story of the torture tapes (though it does provide a more compelling case that Goss couldn’t control Rodriguez than I’ve previously seen), I’m most interested that Rodriguez apparently prevented any accountability for those who conducted the pathetically incompetent kidnapping of Abu Omar.

It would become known inside the Central Intelligence Agency as “the Italian job,” a snide movie reference to the bungling performance of an agency team that snatched a radical Muslim cleric from the streets of Milan in 2003 and flew him to Egypt — a case that led to criminal charges in Italy against 26 Americans.

Porter J. Goss, the C.I.A. director in 2005 when embarrassing news reports about the operation broke, asked the agency’s independent inspector general to start a review of amateurish tradecraft in the case, like operatives staying in five-star hotels and using traceable credit cards and cellphones.

But Jose A. Rodriguez Jr., now the central figure in a controversy over destroyed C.I.A. interrogation tapes, fought back. A blunt-spoken Puerto Rico native and former head of the agency’s Latin America division, he had been selected by Mr. Goss months earlier to head the agency’s troubled clandestine branch. Mr. Rodriguez told his boss that no inspector general review would be necessary — his service would investigate itself.

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Or Maybe Those Cables WERE Cut

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Remember those four five six who knows how many telecom cables to the Middle East and South Asia that were cut? Ryan Singel finds a UN official suggesting at least four of them may well have been cut intentionally.

The five underseas cables that were cut or went out of service in the Middle East in recent weeks might have been sabotaged, an officer at the International Telecommunication Union told the Agence France-Presse.

"We do not want to preempt the results of ongoing investigations, but we do not rule out that a deliberate act of sabotage caused the damage to the undersea cables over two weeks ago," the UN agency’s head of development, Sami al-Murshed, told AFP.[…]

Some experts doubt the prevailing view that the cables were cut by accident, especially as the cables lie at great depths under the sea and are not passed over by ships," Murshed said on the sidelines of a conference on cyber-crime held in Gulf state of Qatar.

(I don’t know if this is his source, but it’ll suffice for a link.)

Let’s see. Since the cables were cut, Hamas agreed to close up its borders with Egypt, Pakistan’s rigged election wasn’t rigged enough to save Musharraf, and the Saudi Foreign Minister has been on a "for your ears only" tour around the world. Any of those look like probable explanations?

Shorter WSJ: George Bush Is Irrelevant and So Is McCain

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This WSJ editorial beating up on Dems for their shiny new FISA spine is full of the illogical blathering you’d expect. Take this paragraph, which claims that even with immunity from PAA and even with a FISA court order, the telecoms simply won’t do as they’re mandated to do.

Mr. Reyes claims that existing wiretap orders can stay in place for a year. But that doesn’t account for new targets, which may require new kinds of telecom cooperation and thus a new court order. Mr. Reyes can make all the assertions he wants about immunity, but they are no defense against a lawsuit. For that matter, without a statute in place, even a renewed order by the Foreign Intelligence Surveillance Court is likely to be challenged as illegitimate. A telecom CEO who cooperates without a court order is all but guaranteed to get not merely a wiretap lawsuit, but also a shareholder suit for putting the company at legal risk.

Apparently, the WSJ believes that even if the telecoms have immunity, it’s no defense against a lawsuit (someone better tell Mitch and Mike McConnell that all their immunity efforts are for naught). And even if the FISA Court issues a warrant under that statute known as "FISA," the telecoms would regard such an order as illegitimate, because there’s no statute supporting it.

And of course, the WSJ parrots the now mandatory claim that ACLU and EFF are really trial lawyers wearing low-paying disguises.

So instead they’re trying to do it through the backdoor by unleashing the trial bar to punish the telephone companies.

I’m most amused, though, by the closing paragraph, which gets to the heart of the panic over FISA.

Mr. Bush has been doing his part in this debate, but his political capital is waning. The Republican who needs to make himself heard now is John McCain. The Arizona Senator is voting the right way, but he seems curiously disengaged from a debate that plays to his national security strengths. The time to speak up is before the next 9/11 Commission. [my emphasis]

Bush’s "political capital is waning" must be GOP-speak for "don’t look now because the Democrats have stood up to Bush."  And, pathetically, the WSJ whines that John McCain isn’t cowering Democrats into unquestioning obedience, either.

It’s like flying without a net, isn’t it, WSJ? When you can’t rely on Bush’s "political capital" to cow others into compliance?

Don’t Cry For The Telcos – Bush & Cheney Are The Only Ones That Are Dying For Immunity

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The issues surrounding the FISA legislation are still roiling in Congress, thanks to the sudden appearance of a spine and principle by the Democrats in the House of Representatives (and correspondingly, with no thanks to the spineless and craven counterparts in the Senate, especially Jello Jay Rockefeller, the SSCI, and Harry Reid for bringing the horrid Intel committee bill to the floor instead of the far superior Judiciary bill). The most contentious issue has been, and continues to be, the proposed retroactive immunity for telco companies. Since the ugly head of the issue was first raised last summer with the railroaded passage of the Protect America Act, I have been arguing vehemently that the telcos are not in any grave danger financially from the civil suits currently pending. If their conduct is as has been described to date, they are already protected from liability for the actions that have been described, both by existing statutory immunity and by a right to indemnification from the government. The full court press for immunity by the Administration is entirely about cover for the lawless Bush Administration, and not about the impending financial demise of the telcos.

This post will go back over some of the basis for my argument that has been laid out previously, both here at Emptywheel and, earlier, at The Next Hurrah. I will also try to relate a few basics on what the general concept of indemnification is, and how it relates to contracts, in this case the agreements between the telcos and the Bush Administration. I have been making this argument for quite some time now, since last August, and have yet to have anybody put a significant dent in it; but it is no good if it cannot hold up to scrutiny. In that regard, I have posited my theory to several other lawyers expert in the field of governmental/Fourth Amendment litigation, including some extremely knowledgeable on the very civil suits at issue here, and all have agreed with the validity of my premise.

The Argument: The Bush Administration, with the help of telco providers (telelphone, cellphone, internet and other communication providers) engaged in massive wiretapping and datamining efforts, ostensibly to protect the United States from attack by terrorists. The legality of much of these programs has been questioned in many fora, but the germane ones for the immunity demand by the Administration are the civil suits that have been filed against both Read more →

FISA and the Warrantless Wiretap Briefings

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As we await certain doom because the NSA has to rely on FISA to authorize any new warrantless wiretaps (though it can continue all the programs currently in place), I wanted to correct what appears to be a common mistake about the earlier warrantless wiretap program. I’ve seen a lot of people claim that all of Congress knew of the program, that the Gang of Eight got regular briefings about it, that Congress wants the telecoms to get immunity because leaders in Congress want immunity.

The reality–at least according to the published record of those briefed on Bush’s warrantless wiretap program–is much more narrow. And as this fight moves into the House, it’d pay to have a clear understanding of who got briefed and how they claimed to have responded.

The Gang of Eight was not briefed regularly on the program

Kit Bond likes to claim that the Gang of Eight–the majority and minority leaders of both houses of Congress and the majority and minority leaders of both intelligence committees–were briefed on the program. That’s a lie. In general, the Administration briefed the intelligence committee heads, but not the Majority and Minority leaders. The first time the entire Gang of Eight was briefed on the program was when, on March 10, 2004, the Administration tried to get them to authorize continuing the program even though Jim Comey said it was illegal. At the time, the following were members of the Gang of Eight:

  • Denny Hastert
  • Bill Frist
  • Tom Daschle
  • Nancy Pelosi
  • Porter Goss
  • Jane Harman
  • Pat Roberts
  • Jello Jay Rockefeller

After Harry Reid became Minority Leader of the Senate in 2005, he received a briefing on February 3, 2005–by himself, as did Crazy Pete Hoekstra when he became HPSCI Chair in September 2004. There was not any other briefing where the entire Gang of Eight got the same briefing. Though after Risen and Lichtblau exposed the program, Jello Jay received a briefing with the Republican half of the Gang of Eight, and then Reid, Pelosi, and Harman received a briefing (which Roberts also attended).

As Arlen “Scottish Haggis” Specter has pointed out, the Administration was in violation of the National Security Act when, with the exception of March 10, 2004, it limited its briefings to just the intelligence committee heads.

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Technical Glitches and Minimization

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A number of you sent me this Eric Lichtblau story describing how, because of a "technical glitch," the FBI accidentally got all the emails going to one domain, rather than just the emails to and from their particular target.

A technical glitch gave the F.B.I. access to the e-mail messages from an entire computer network — perhaps hundreds of accounts or more — instead of simply the lone e-mail address that was approved by a secret intelligence court as part of a national security investigation, according to an internal report of the 2006 episode.

F.B.I. officials blamed an “apparent miscommunication” with the unnamed Internet provider, which mistakenly turned over all the e-mail from a small e-mail domain for which it served as host. The records were ultimately destroyed, officials said.

Bureau officials noticed a “surge” in the e-mail activity they were monitoring and realized that the provider had mistakenly set its filtering equipment to trap far more data than a judge had actually authorized.

The episode is an unusual example of what has become a regular if little-noticed occurrence, as American officials have expanded their technological tools: government officials, or the private companies they rely on for surveillance operations, sometimes foul up their instructions about what they can and cannot collect.

The problem has received no discussion as part of the fierce debate in Congress about whether to expand the government’s wiretapping authorities and give legal immunity to private telecommunications companies that have helped in those operations.

But an intelligence official, who spoke on condition of anonymity because surveillance operations are classified, said: “It’s inevitable that these things will happen. It’s not weekly, but it’s common.”

My response to this is sort of similar to Kagro X’s (and given all my posts about minimization, I would certainly take issue with Lichtblau’s assertion that "the problem has received no discussion"). This story illustrates why minimization is every bit as important in the FISA discussion as immunity.

Hmm. Minimization. That rings a bell. What was it?

Oh yeah! The FISA fight in the Senate! Minimization was a concern because the Senate bill pretty much gave the government a free hand to suck up every phone call, e-mail, text message, etc. there is, and — amazingly enough — had to be amended on the floor in order to even approach a proper handling of minimization concerns. Read more →