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Opinion from a Libertarian ViewPoint

Posts Tagged ‘F.B.I.’

How the U.S. Came to Use NSO Spyware It Was Trying to Kill – The New York Times

Posted by M. C. on April 3, 2023

Under the arrangement, the Israeli firm, NSO Group, gave the U.S. government access to one of its most powerful weapons — a geolocation tool that can covertly track mobile phones around the world without the phone user’s knowledge or consent.

The secret November 2021 contract used the same American company — designated as “Cleopatra Holdings” but actually a small New Jersey-based government contractor called Riva Networks — that the F.B.I. used two years earlier to purchase Pegasus. Riva’s chief executive used a fake name in signing the 2021 contract and at least one contract Riva executed on behalf of the F.B.I.

https://archive.is/aF9iu

Mark Mazzetti
Ronen Bergman

By Mark Mazzetti and Ronen Bergman

The Biden administration has been trying to choke off use of hacking tools made by the Israeli firm NSO. It turns out that not every part of the government has gotten the message.

WASHINGTON — The secret contract was finalized on Nov. 8, 2021, a deal between a company that has acted as a front for the United States government and the American affiliate of a notorious Israeli hacking firm.

Under the arrangement, the Israeli firm, NSO Group, gave the U.S. government access to one of its most powerful weapons — a geolocation tool that can covertly track mobile phones around the world without the phone user’s knowledge or consent.

If the veiled nature of the deal was unusual — it was signed for the front company by a businessman using a fake name — the timing was extraordinary.

Only five days earlier, the Biden administration had announced it was taking action against NSO, whose hacking tools for years had been abused by governments around the world to spy on political dissidents, human rights activists and journalists. The White House placed NSO on a Commerce Department blacklist, declaring the company a national security threat and sending the message that American companies should stop doing business with it.

The secret contract — which The New York Times is disclosing for the first time — violates the Biden administration’s public policy, and still appears to be active. The contract, reviewed by The Times, stated that the “United States government” would be the ultimate user of the tool, although it is unclear which government agency authorized the deal and might be using the spyware. It specifically allowed the government to test, evaluate, and even deploy the spyware against targets of its choice in Mexico.

Asked about the contract, White House officials said it was news to them.

“We are not aware of this contract, and any use of this product would be highly concerning,” said a senior administration official, responding on the basis of anonymity to address a national security issue.

Spokesmen for the White House and Office of the Director of National Intelligence declined to make any further comment, leaving unresolved questions: What intelligence or law enforcement officials knew about the contract when it was signed? Did any government agency direct the deployment of the technology? Could the administration be dealing with a rogue government contractor evading Mr. Biden’s own policy? And why did the contract specify Mexico?

A close-up photo of President Biden speaking at a lectern.
President Biden signed an executive order further cracking down on the use of commercial spyware on Monday.Credit…Doug Mills/The New York Times
A close-up photo of President Biden speaking at a lectern.

The secret contract further illuminates the ongoing battle for control of powerful cyberweapons, both among and within governments, including the United States.

The weapons have given governments the power to conduct targeted, invasive surveillance in ways that were unavailable before the advent of the tools. This power has led to abuses, from the Mexican government spying on journalists who were investigating military crimes to Saudi Arabia using NSO technology to hack the devices of political dissidents. The use of spyware against journalists and opposition figures sparked a political scandal in Greece.

See the rest here

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How out of Control Is Our Surveillance State? | Cato Institute

Posted by M. C. on December 23, 2019

Americans deserve a stronger assurance than “hope” that their Fourth Amendment rights are being respected.

https://www.cato.org/publications/commentary/how-out-control-our-surveillance-state

By Julian Sanchez

This article appeared on The New York Times on December 18, 2019.
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The F.B.I.’s investigation of the former Trump campaign adviser Carter Page, we can now say with assurance, was a train wreck. In his report, Justice Department Inspector General Michael Horowitz cataloged a damning list of egregious errors, omissions or misrepresentations in filings to the secretive Foreign Intelligence Surveillance Court, which approved nearly a year’s worth of wiretaps on Mr. Page.

Many Republicans have taken this as proof that the investigation was hopelessly contaminated by anti-Trump political bias. That would be the optimistic scenario. Unfortunately, it’s probably much worse than that.

If the F.B.I. botched its applications for Foreign Intelligence Surveillance Act warrants against Mr. Page because of political bias, after all, problems of the sort Mr. Horowitz identified are most likely unique to this case. The bureau obtains about 1,500 FISA warrants each year, and an overwhelming majority have no connection to domestic politics. The solution is also similarly simple: Toss out the bad apples who acted on political motives and add a few layers of safeguards for the tiny fraction of cases that are designated “sensitive investigative matters” because they do intersect with politics.

 

That might be a reasonable response if we were confident the Page investigation represented an outlier or aberration. The chilling reality, however, is that we have no idea whether that’s the case.

At a Senate Judiciary Committee hearing last week, Senator Marsha Blackburn, Republican of Tennessee, zeroed in on this point. When she asked Mr. Horowitz whether finding mistakes in a FISA application was “a fairly unusual occurrence,” he responded, “I would hope so.”

Americans deserve a stronger assurance than “hope” that their Fourth Amendment rights are being respected. The sheer quantity of serious defects in the FISA applications targeting Mr. Page — which officials consistently told Mr. Horowitz received far more review than normal, because agents understood the applications would doubtless attract controversy and scrutiny — raises an obvious and disturbing question: If they’re this sloppy with a target involved in a presidential campaign, how bad is it in ordinary cases, which the public will never learn about and which are unlikely to ever be the topic of congressional hearings?

We needn’t worry so much about that, of course, if the defects of the Page warrants were products of political animus against the Trump campaign. But the report provides very little reason to think that’s the case. The case for supposing bias is the culprit here leans heavily on the former F.B.I. agent Peter Strzok, now notorious for a voluminous history of text messages denigrating Mr. Trump and suggesting that he would not become president because “we will stop it.” But while Mr. Strzok played a supervisory role in the earliest stage of the Page investigation, it’s hard to tie him to the specific problems Mr. Horowitz identifies. As the report notes, Mr. Strzok “was not the primary or sole decision maker on any investigative step” and at one point opposed FISA monitoring of another Trump campaign staff member that case agents proposed. Moreover, the problems Mr. Horowitz documented in the initial FISA application filed under Mr. Strzok’s watch were significantly less serious than the outrageous omissions and misrepresentations to the court that occurred in the subsequent applications to renew the wiretap, after Mr. Strzok’s role in the investigation had ended.

With one significant exception — an F.B.I. lawyer responsible for improperly altering an email related to the final renewal application — Mr. Horowitz didn’t find signs of Mr. Strzok’s intense animus among others who worked on the FISA warrants. The report notes that among the huge quantity of internal communications reviewed, the inspector general identified “a small number of text messages and instant messages” in which members of the investigation team “discussed political issues and candidates,” but that these “did not raise significant questions of potential bias or improper motivation.”

If there’s an explanation for the errors Mr. Horowitz documents suggested by his reports, it’s not political bias. It’s confirmation bias.

The F.B.I.’s interest in Mr. Page — and its suspicions that he might be a Russian intelligence asset — predated his involvement in presidential politics. He had reportedly been the target of a FISA warrant in 2014 and was the focus of yet another counterintelligence investigation opened in April 2016 by the F.B.I.’s notoriously Trump-friendly New York field office, months before the bureau started an inquiry into potential links between the Trump campaign and Russia’s election interference operation. When investigators got wind of Christopher Steele’s notorious dossier, which made Mr. Page a pivotal figure in a “well-developed conspiracy of cooperation” between Mr. Trump and the Kremlin, it would have seemed like confirmation of what they already suspected.

Having adopted this theory, investigators began to exhibit classic signs of confirmation bias, readily absorbing new information that fit the model they’d built, while overlooking or explaining away facts that didn’t fit. The worst misrepresentations to the court that Mr. Horowitz uncovered are sins of omission — new information the bureau obtained as the investigation progressed that should have led it to question previous representations it had made to the court.

The many layers of review FISA applications go through — laid out in a set of rules known as the Woods Procedures — were ill equipped to detect this sort of problem, because the Woods Procedures focus on confirming that facts in the application match documents in the F.B.I.’s case file. But you can’t fact check a claim that doesn’t exist — which means the process is bad at detecting important information that has been left out. Officials who reviewed later applications also told Mr. Horowitz that they typically focused on the new information in each submission. That means assertions they’d made early on ended up effectively being taken for granted: Nobody was revisiting early assumptions to see whether they still held up in the face of new data.

If this explains why the Page investigation went increasingly off the rails, it’s an explanation that has little to do with partisan politics at its heart. But that would mean there’s little reason to think the Page investigation is special in this respect. There’s an urgent need, then, for the inspector general to do more such “deep dives” and figure out just how pervasive the problem really is.

Fortunately, the inspector general is already taking a first step in this direction, having begun a review that will “examine the F.B.I.’s compliance with the Woods Procedures in FISA applications that target U.S. persons.” But in itself, that’s not enough: While Mr. Horowitz found violations of the Woods Procedures in the Page case, they weren’t the most serious distortions. Those occurred precisely because the Woods Procedures aren’t well calibrated to catch material facts that get left out. To do that, you’d need to do the kind of intensive and comprehensive case-by-case review conducted in the Horowitz review, not just run Woods vetting a second time to see whether the results tally.

Doing this sort of deep dive for a representative sample of FISA applications will, of course, be both expensive and extremely time consuming. But it’s well worth it to find out just how badly our surveillance state is broken.

Be seeing you

JFK-CIA

 

 

 

 

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F.B.I. Sent Investigator Posing as Assistant to Meet With Trump Aide in 2016

Posted by M. C. on May 2, 2019

From NYT!!!

This is Your FIB!

hoover

Yes son, you too can grow up to be lying scum and hate black people.

https://www.msn.com/en-us/news/politics/fbi-sent-investigator-posing-as-assistant-to-meet-with-trump-aide-in-2016/ar-AAAOePQ

Adam Goldman, Michael S. Schmidt and Mark Mazzetti

WASHINGTON — The conversation at a London bar in September 2016 took a strange turn when the woman sitting across from George Papadopoulos, a Trump campaign adviser, asked a direct question: Was the Trump campaign working with Russia?

The woman had set up the meeting to discuss foreign policy issues. But she was actually a government investigator posing as a research assistant, according to people familiar with the operation. The F.B.I. sent her to London as part of the counterintelligence inquiry opened that summer to better understand the Trump campaign’s links to Russia.

The American government’s affiliation with the woman, who said her name was Azra Turk, is one previously unreported detail of an operation that has become a political flash point in the face of accusations by President Trump and his allies that American law enforcement and intelligence officials spied on his campaign to undermine his electoral chances. Last year, he called it “Spygate.”

The decision to use Ms. Turk in the operation aimed at a presidential campaign official shows the level of alarm inside the F.B.I. during a frantic period when the bureau was trying to determine the scope of Russia’s attempts to disrupt the 2016 election, but could also give ammunition to Mr. Trump and his allies for their spying claims.

Ms. Turk went to London to help oversee the politically sensitive operation, working alongside a longtime informant, the Cambridge professor Stefan A. Halper. The move was a sign that the bureau wanted in place a trained investigator for a layer of oversight, as well as someone who could gather information for or serve as a credible witness in any potential prosecution that emerged from the case.

A spokesman for the F.B.I. declined to comment, as did a lawyer for Mr. Halper, Robert D. Luskin. Last year, Bill Priestap, then the bureau’s top counterintelligence agent who was deeply involved in the Russia inquiry, told Congress during a closed-door hearing that there was no F.B.I. conspiracy against Mr. Trump or his campaign…

Mr. Halper’s connections to the Trump administration strengthened from there. He was invited as part of a group of China experts to meet with White House advisers in 2017. Mr. Halper informed the F.B.I. of the invitation but was not provided with any guidance, people familiar with the episode said.

The group met briefly with Peter Navarro, the president’s top trade representative, who had interviewed Mr. Halper years earlier at Mr. Halper’s home in Virginia for a documentary. According to Axios, the administration also considered Mr. Halper for an ambassadorship.

In an interview with Fox Radio, Mr. Navarro said he viewed Mr. Halper’s role as an F.B.I. informant as a betrayal, saying he felt “duped.”

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mlk

 

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