“Tactics Developed for Use against Terrorists May Have Been Unleashed against American Citizens”

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Hmmm. “Tactics developed for use on terrorists may have been unleashed against citizens.” That sounds like something I would have written about the HB Gary scandal. Twice.

It’s nice to see some members of Congress understand what the entire problem with this scandal is about.

In a letter to be released Tuesday, Rep. Hank Johnson (D-Ga.) and more than a dozen other lawmakers wrote that the e-mails appear “to reveal a conspiracy to use subversive techniques to target Chamber critics,” including “possible illegal actions against citizens engaged in free speech.”

The lawmakers say it is “deeply troubling” that “tactics developed for use against terrorists may have been unleashed against American citizens.”

[snip]

The companies proposed forming a “corporate information reconnaissance cell” and discussed tactics such as creating online personas to infiltrate activist Web sites; planting false information to embarrass U.S. Chamber Watch and other groups; and trolling for personal information using powerful computer software.

You almost wonder whether this is why Aaron Barr resigned? To try to stave off attention to how common it is for corporations to treat citizen speech as terrorism?

HB Gary CEO Aaron Barr Resigns

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He’ll probably just get picked up by TASC, which was about to buy out HB Gary Federal anyway. But I do take some pleasure at his recognition that his reputation is for shit.

Embattled CEO Aaron Barr says he is stepping down from his post at HBGary Federal to allow the company to move on after an embarassing data breach.

[snip]

In an interview with Threatpost, Barr said that he is stepping down to allow himself and the company he ran to move on in the wake of the high profile hack.

“I need to focus on taking care of my family and rebuilding my reputation,” Barr said in a phone interview. “It’s been a challenge to do that and run a company. And, given that I’ve been the focus of much of bad press, I hope that, by leaving, HBGary and HBGary Federal can get away from some of that. I’m confident they’ll be able to weather this storm.”

Good riddance, I say!

“Shut up and explain how we could assist the FPs in finding *MORE* detainees”

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Atrios points out the hypocrisy of our foreign policy as displayed in his Twitter stream.

It reminded me of this:

(02:26:01 PM) Manning: i dont believe in good guys versus bad guys anymore… i only a plethora of states acting in self interest… with varying ethics and moral standards of course, but self-interest nonetheless

(02:26:18 PM) Manning: s/only/only see/

(02:26:47 PM) Lamo: the tm meant i was being facetious

(02:26:59 PM) Manning: gotchya

(02:27:47 PM) Manning: i mean, we’re better in some respects… we’re much more subtle… use a lot more words and legal techniques to legitimize everything

(02:28:00 PM) Manning: its better than disappearing in the middle of the night

(02:28:19 PM) Manning: but just because something is more subtle, doesn’t make it right

(02:29:04 PM) Manning: i guess im too idealistic

(02:31:02 PM) Manning: i think the thing that got me the most… that made me rethink the world more than anything

(02:35:46 PM) Manning: was watching 15 detainees taken by the Iraqi Federal Police… for printing “anti-Iraqi literature”… the iraqi federal police wouldn’t cooperate with US forces, so i was instructed to investigate the matter, find out who the “bad guys” were, and how significant this was for the FPs… it turned out, they had printed a scholarly critique against PM Maliki… i had an interpreter read it for me… and when i found out that it was a benign political critique titled “Where did the money go?” and following the corruption trail within the PM’s cabinet… i immediately took that information and *ran* to the officer to explain what was going on… he didn’t want to hear any of it… he told me to shut up and explain how we could assist the FPs in finding *MORE* detainees…

(02:35:46 PM) Lamo : I’m not here right now

(02:36:27 PM) Manning: everything started slipping after that… i saw things differently

(02:37:37 PM) Manning: i had always questioned the things worked, and investigated to find the truth… but that was a point where i was a *part* of something… i was actively involved in something that i was completely against… [my emphasis]

All the pop psychology that has been offered to explain why Bradley Manning allegedly leaked to WikiLeaks serves to obscure his own very clear explanation: Manning first “saw things differently” when he was ordered to help our client thug in Iraq crack down on very tame domestic dissent.

While I think the Administration has been not-horrible in its response to the upheaval in the Middle East, it still is mostly just “words and legal techniques to legitimize” American self interest.

Spain Will Investigate Gitmo Torture

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The High Court in Spain has decided that it can proceed with its investigation of the torture that Lahcen Ikassrien alleges he suffered at Gitmo.

A Spanish court Friday agreed to investigate a complaint by a Moroccan who said he was tortured while in the US detention camp in Guantanamo Bay, Cuba, judicial sources said.

The National Court said it was competent to take the case as the complainant, Lahcen Ikassrien, has been living in Spain for 13 years.

[snip]

The judges Friday rejected an appeal by prosecutors who sought to have the case thrown out on the grounds that Ikassrien did not have sufficient links with Spain.

Here’s what the Center for Constitutional Rights has to say about the news:

This is a monumental decision that will enable a Spanish judge to continue a case on the “authorized and systematic plan of torture and ill treatment” by U.S. officials at Guantanamo. Geoffrey Miller, the former commanding officer at Guantánamo, has already been implicated, and the case will surely move up the chain of command. Since the U.S. government has not only failed to investigate the illegal actions of its own officials and, according to diplomatic cables released by WikiLeaks,  also sought to interfere in the Spanish judicial process and stop the case from proceeding, this will be the first real investigation of the U.S. torture program. This is a victory for accountability and a blow against impunity. The Center for Constitutional Rights applauds the Spanish courts for not bowing to political pressure and for undertaking what may be the most important investigation in decades.

As always, it pays to be skeptical that the US won’t still find a way to quash this investigation. But given the exposure WikiLeaks gave DOJ’s prior interventions with Spanish officials, they may have overplayed their hand.Also note, this is not the case that implicates the 6 lawyers who approved torture. I suspect that the pending suits against John Yoo and others might give the DOJ the ability to claim that crime is still being investigated here in the states.

Update: CCR quote updated.

A Tale of Three WikiLeak Stories

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The NYT has gotten a lot of press for this story, detailing that Qaddafi’s son, Mutassim al-Qadhafi, paid $1 million to have Mariah Carey to sing four songs at his New Year’s Day party in St. Barts, and, the following year, another $1 million to have Beyonce and Usher sing. While it affords the NYT an opportunity to read like the Enquirer, the NYT manages to avoid mentioning other details–detailing how oil revenues have been funneled to Libyan elite in places like Scotland–that appear in the cables they reviewed and which might be more relevant to explain the uprising in Libya.

WikiLeaks Central takes a different approach to reporting on some of the more recent WikiLeaks disclosures on Libya. It describes the supposed turning point in US-Libyan relations after US oil companies, on threat of losing contracts with Libya, pushed through an exception to the Lautenberg Amendment of the 2008 Defense Authorization, which would have made it easier for plaintiffs in terrorism-related suits to seize government assets. The cable describing the reaction to the negotiation of an exception makes it clear Libyans hoped that the deal would encourage the US to pressure Qaddafi to cede power.

Libyan reaction to news of the U.S.-Libya claims settlement agreement is a mixture of relief and high expectation. Libyans are genuinely pleased that a key political irritant in the bilateral relationship has been resolved, seemingly reducing the likelihood that U.S.-Libya relations could lapse back into something akin to the sanctions period. There is also the belief that expanded political and economic engagement with the U.S. and the West, which is expected to accelerate with the lifting of the Lautenberg Amendment and potential asset seizure, will help solidify internal Libyan reforms undertaken in recent years. Many Libyans hope that expanded engagement with the U.S. will include U.S. advocacy for political reform and greater respect for human rights. A key challenge for al-Qadhafi will be to temper expectations that fully normalized relations with the U.S. will prompt an immediate shift in the nature of the regime and its reluctance to move quickly on political reform.

That was over two years ago. And yet Qaddafi is still attacking his citizens from fighter jets.

Surprise. Having paid what amount to bribes to his family and friends to obtain drilling rights, our oil companies have not been in a rush to force Qaddafi to push through political reforms.

But the NYT’s reporting is not all tabloid fare.

This article (can anyone tell whether it appeared in the Dead Tree version?), details the influence the American Chambers of Commerce have in our foreign policy. The article largely focuses on the Chamber’s attempts to defeat Daniel Ortega, with the Embassy cautiously welcoming the efforts. It also details Chamber involvement in Taiwan.

But just as important is the mention of the pressure Honduras’ Chamber brought on Obama to support the coup against José Manuel Zelaya (which an earlier cable had definitively labeled illegal).

In Honduras, for example, executives at the American-affiliated chamber expressed support for the June 2009 coup d’état that forced out President José Manuel Zelaya, the State Department cables say. After leaders in the group applied pressure on the Obama administration, American officials retreated from their initial demands that Mr. Zelaya be allowed to return to power.

As the cables have pretty consistently shown, our foreign policy is increasingly indistinguishable from our business interests. And no matter how often our diplomats describe tepid US support for fostering democracy, it always seem to work out that corporations prefer pliant dictators over real human rights.

Hunton & Williams Left Fingerprints at SEIU

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Hunton & Williams, the law firm that solicited HBGary and two other security firms to spy on Chamber of Commerce opponents, has remained silent so far about its efforts.

But it hasn’t covered its tracks. The SEIU reports that people from Hunton & Williams spent 20 hours last November–at the time when Themis was pitching H&W to use a JSOC approach to go after Chamber opponents–on the SEIU sites.

Server logs and leaked emails reveal that employees at Hunton & Williams, the principal law firm of the U.S. Chamber of Commerce, spent 20 hours on SEIU websites last November while partners from the firm were working with private security firms on an illegal “dirty tricks” campaign aimed at undermining the credibility of the Chamber’s political opponents, including the Service Employees International Union (SEIU).

And of course SEIU is able to see precisely what H&W was looking at in that period: top H&W page views in 2010 include SEIU’s page on the Chamber and on big banks. People from H&W searched on individuals at SEIU as well as on SEIU’s organizing of protests outside of BoA’s General Counsel. They even searched on “hourly pay for SEIU organizers.” (Whatever that is, it’s less than Themis was going to charge for its paid trolls.)

No wonder H&W has been so quiet about their role in this campaign.

Update: This post has been edited for accuracy.

Themis Applies JSOC Techniques to Citizens “Extorting” from Corporate Clients

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I have a feeling I’ll be doing a lot of these posts, showing how Hunton & Williams asked “Themis” (the three firm team of HBGary, Palantir, and Berico Technologies) to apply counterterrorism approaches to combat First Amendment activities.

This particular installment comes from an early presentation and accompanying proposal Themis prepared for Hunton & Williams. These documents were attached to an email dated November 2, 2010 sent out by Berico Technologies’ Deputy Director. He explains that the presentation and proposal would be briefed to H&W the following day.

The Powerpoint includes a slide describing the purpose of Themis’ pitch to H&W.

Purpose: Develop a corporate information reconnaissance service to aid legal investigations through the open source collection of information on target groups and individuals that appear organized to extort specific concessions through online slander campaigns.

Now, this is in the period when H&W was only beginning to discuss the Chamber of Commerce project with Themis, long before the BoA pitch. That is, this is the period when they were discussing generalized opposition to Chamber of Commerce.

And of that they got “extortion”? “slander”?

Apparently the team members of Themis–several of whom, as veterans, would have sworn an oath to our Constitution–accepted the premise that union members and poorly financed liberals opposing the wholesale sellout of our politics to private corporations constituted “extortion” and “slander.”

These firms, two of which deny any ill will, were willing to describe political speech–the opposition of working people to the Chamber’s hijacking of our politics–as “extortion” and “slander.”

More shocking to me, though, is where the proposal uses a Special Operations model to describe what Themis planned to do for H&W. On a proposal bearing Berico Technologies’ document header, Themis places their proposed “Corporate Information Reconnaissance Cell” next to a Joint Special Operations Command F3EA “targeting cycle” with this explanation:

Team Themis will draw on our extensive operational and intelligence experience to rapidly make sense of the volumes of data we’ve collected through the application of proven analytical/targeting methodologies.  Drawing on the principles and processes developed and refined by JSOC in the “Find, Fix, Finish, Exploit, Analyze” (F3EA) targeting cycle, we will develop and execute a tailored CIRC intelligence cycle suited to enable rapid identification/understanding, refined collection/detection, focused application of effects, exploitation, and analysis/assessment.

Mind you, this is just a fancy graphic for “analysis”–the kind of stuff civilians do all the time. But Themis–led by Berico Technologies in this case–decided to brand it as a JSOC (Joint Special Operations Command) product, applying an American unconventional warfare model  to targeting political opponents engaging in free speech.

This is a bunch of veterans proposing to go to war against citizen activism on behalf the Chamber of Commerce and other corporations.

The proposal also highlights the JSOC experience of one Palantir team member.

He commanded multiple Joint Special Operations Command outstations in support of the global war on terror. Doug ran the foreign fighter campaign on the Syrian border in 2005 to stop the flow of suicide bombers into Baghdad and helped to ensure a successful Iraqi election. As a commander, Doug ran the entire intelligence cycle: identified high-level terrorists, planned missions to kill or capture them, led the missions personally, then exploited the intelligence and evidence gathered on target to defeat broader enemy networks.

Berico’s statement (from their CEO, Guy Filippelli, whose experience as Special Assistant to the Director of National Intelligence was also highlighted in the proposal) denied they would proactively target any Americans and spun the project itself as “consistent with industry standards for this type of work.”

Berico Technologies is a technical and analytic services firm that helps organizations better understand information critical to their core operating objectives. Our leadership does not condone or support any effort that proactively targets American firms, organizations or individuals.

[snip]

Late last year, we were asked to develop a proposal to support a law firm. Our corporate understanding was that Berico would support the firm’s efforts on behalf of American companies to help them analyze potential internal information security and public relations challenges. Consistent with industry standards for this type of work, we proposed analyzing publicly available information and identifying patterns and data flows relevant to our client’s information needs.

Yet it was Berico Technologies’ Deputy Director who sent out these documents adopting a military targeting approach for responding to citizens engaging in free speech.

Chet Uber Contacted HBGary before He Publicized His Role in Turning in Bradley Manning

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A reader found a very interesting email among the HBGary emails: Chet Uber emailed–after having tried to call–HBGary CEO Greg Hoglund on June 23, 2010.

> Sir,

>

>

>

> I would like to speak to Mr. Hoglund. My name is Chet Uber

> and I was given his name by common associates as someone I should speak with.

> The nature of our work is highly sensitive so no offense but I cannot explain

> the details of my call. I was given a URL and a phone number. I was not given

> his direct line and every time I try to get an attendant you phone system

> disconnects me. Would you please forward him this email to him. The links below

> are new and as much information as we have ever made public.

>

>

>

> Sorry for the mystery but in my world we are careful about

> our actions and this is something interpreted as rudeness. I am being polite,

> so any cooperation you can provide is greatly appreciated.

Uber copies himself, Mark Rasch, George Johnson, and Mike Tomasiewicz, and sends links to two stories about Project Vigilant, which had been posted on the two proceeding days.

In response to the email, Hoglund asks Bob Slapnick to check Uber out with someone at DOD’s CyberCrime Center.

Chet Uber, as you’ll recall, is the guy who held a press conference at DefCon on August 1 to boast about his role in helping Adrian Lamo turn Bradley Manning in to authorities. Mark Rasch is the former DOJ cybercrimes prosecutor who claims to be Project Vigilant’s General Counsel and who says he made key connections with the government on Manning.

Mind you, the multiple versions of Uber’s story of his involvement in turning in Manning are inconsistent. At least a couple versions have Lamo calling Uber in June, after Manning had already been arrested.

So there are plenty of reasons to doubt the Lamo and Uber story. And security insiders have suggested the whole Project Vigilant story may be nothing more than a publicity stunt.

Furthermore, this email may be more of the same. Uber may have been doing no more than cold-calling Hoglund just as he was making a big publicity push capitalizing on the Manning arrest.

But consider this.

Lamo’s conversations with Manning have always looked more like the coached questions of someone trying to elicit already-suspected details than the mutual boasting of two hackers. Because of that and because of the inconsistencies and flimsiness of the Project Vigilant story, PV all looked more like a cover story for why Lamo would narc out Bradley Manning than an accurate story. And Uber’s email here and his DefCon press conference may well be publicity stunts. But then, that’s what Aaron Barr’s research on Anonymous was supposed to be: a widely publicized talk designed to bring new business. But a key part of the PV story was the claim that Adrian Lamo had volunteered with the group working on “adversary characterization.”

Uber says Lamo worked as a volunteer research associate for Project Vigilant for about a year on something called adversary characterization, which involved gathering information for a project on devising ways to attribute computer intrusions to individuals or groups. He helped define the roles, tools and methods intruders would use to conduct such attacks.

While it is described as more technical, that’s not all that different from what Aaron Barr was doing with social media on Anonymous.

One more thing. Consider what DOJ has been doing since the time Lamo turned in Manning and now: asking social media providers for detailed information about a network of people associated with Wikileaks. That is, DOJ appears to have been doing with additional legal tools precisely what Barr was doing with public sources.

That’s likely all a big coinkydink. But these security hackers all seem to love turning their freelance investigations into big publicity stunts.

From the ChamberPot: Number Two

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The Chamber of Commerce has tried to craft another non-denial denial that they engaged a bunch of private spooks to spy on people like Brad Friedman.

But it’s still a non-denial denial.

Once again, they emphasize that they didn’t pay HBGary.

The U.S. Chamber never hired or solicited proposals from HBGary, Palantir or Berico, the security firms being talked about on the web.

[snip]

No money, for any purpose, was paid to any of those three private security firms by the Chamber, or by anyone on behalf of the Chamber, including Hunton and Williams.

But as I already pointed out, that’s because they got HBGary and its partners to work for free for a month or more. Free work on the Chamber’s behalf is still work on the Chamber’s behalf.

But their more interesting tack in this re-nondenial-denial is in how they characterize HBGary (and Palantir and Berico’s) plot to spy on Chamber’s enemies. As with their last nondenial denial, they emphasize the proposal written on October 29 for Hunton & Williams rather than discussing the plot itself.

HBGary’s proposal, which has been written about by ThinkProgress, was not requested by the Chamber, it was not delivered to the Chamber, and it was never discussed with anyone at the Chamber.

Emails show the discussions with the Chamber itself happened weeks after this proposal.

Finally, like Palantir and Berico did in their apologies, the Chamber blamed it all on HBGary.

The leaked e-mails appear to show that HBGary was willing to propose questionable actions in an attempt to drum up business, but the Chamber was not aware of these proposals until HBGary’s e-mails leaked.

Note how vague this is? Note how it portrays the spying HBGary (and others) planned as “willing to propose,” rather than, as the emails show, “did propose?”

We shall see what the status of the proposals were when the Chamber bought off on its free pilot with these security companies.

But once again, the Chamber does not deny that it was working with HBGary to spy on anti-Chamber activists.

Palantir Tries to Preserve Their Government Contracts

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In a post I’ll write some day, I will show how the WikiLeaks cables show that every time a partner government threatens to use the high tech intelligence toys we share with it–notably our telecommunication wiretapping–to spy on domestic opponents, the Obama Administration makes a very concerted effort to disavow such efforts (if not end the partnership).

Which is why I find it so interesting that the CEO of Palantir Technologies just apologized to Glenn Greenwald for (I guess) allowing HBGary to target him for an oppo research and attack on his credibility.

“As the Co-Founder and CEO of Palantir Technologies, I have directed the company to sever any and all contacts with HB Gary,” the statement starts.

Dr. Karp explains that Palantir Technologies provides a software analytic platform for the analysis of data. They do not provide – “nor do we have any plans to develop” – offensive cyber capabilities.

In addition, the statement says that Palantir does not build software that is designed to allow private sector entities to obtain non-public information, engage in so-called cyber attacks, or take other offensive measures.

“I have made clear in no uncertain terms that Palantir Technologies will not be involved in such activities. Moreover, we as a company, and I as an individual, always have been deeply involved in supporting progressive values and causes. We plan to continue these efforts in the future,” Dr. Karp added.

“The right to free speech and the right to privacy are critical to a flourishing democracy. From its inception, Palantir Technologies has supported these ideals and demonstrated a commitment to building software that protects privacy and civil liberties. Furthermore, personally and on behalf of the entire company, I want to publicly apologize to progressive organizations in general, and Mr. Greenwald in particular, for any involvement that we may have had in these matters.”

Somehow,Dr. Karp forgot to apologize to Brad Friedman, another journalist WBGary–in projects bid in partnership with Palantir–has targeted.

As a reminder, Palantir Technologies is one of the two other security firms that HBGary partnered with to try to get spying business with Bank of America and the Chamber of Commerce.

But perhaps more relevant is Palantir’s primary focus: working with the national security apparatus. They’ve done at least $6,378,332 in business with entities like SOCOM and FBI in the last several years. And while they say they have no plans to adopt “offensive cyber capabilities,” that’s not to say they’re not helping the government analyze data on our presumed enemies.

I would imagine Palantir has pretty good reason to know that the government will not do business with a contractor using the same technologies to target Glenn Greenwald (and maybe Brad Friedman).

At least not publicly. Remember–DOJ recommended Hunton & Williams (which put Palantir and HBGary together for the bid) to Bank of America.