Why Obama’s Plan to Send Advisers to Iraq Will Fail
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Keeping them holed up on “lily pads” defeats the purpose of training troops.
The U.S. has fallen behind its goal of training 24,000 Iraqi security forces by this fall, having only trained 9,000 so far.
California: Jury Calls for Marine’s Discharge in Killingby By THE ASSOCIATED PRESS
A military jury at Camp Pendleton recommended Thursday that a Marine twice convicted of murdering an Iraqi civilian get no additional prison time beyond the roughly seven years he has already served for the crime.
Al Qaeda Denies U.S. Strike Killed Key Jihadist in Libyaby By RUKMINI CALLIMACHI
It was the second such statement denying that Mokhtar Belmokhtar, the man behind the 2013 seizure of an Algerian gas plant that left 38 hostages dead, had been killed.
Lawmakers Push to End Military Transgender Banby By ERNESTO LONDOÑO
As several transgender service members have come out publicly in recent months, some legislators have begun to champion their cause.Archive of Captured Enemy Documents Closesby By MICHAEL R. GORDON
The documents included detailed records of Saddam Hussein’s high command in Iraq and Qaeda records from Afghanistan; Pentagon officials say they are planning to transfer the archive to a civilian institution.
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NATO Returns Its Attention to an Old Foe, Russiaby By ERIC SCHMITT and STEVEN LEE MYERS
Military training exercises this month in Latvia, a former Soviet republic, underline the seismic shift for an alliance that had been focused on threats far beyond its borders.
As they make battlefield gains, the insurgents are engaged in peace talks and showing signs of moving away from some of their hard-line stances.Iraqi Families Return to Fragile Stability in Tikrit After Liberation From ISIS by By OMAR AL-JAWOSHY and TIM ARANGO
The Islamic State was driven from Tikrit, the hometown of Saddam Hussein and the largest city the terrorist group has lost in either Iraq or Syria.
U.S. Says Drone Killed an ISIS Operativeby By HELENE COOPER and ERIC SCHMITT
The Pentagon said that a “person of interest” in the 2012 attack in Benghazi, Libya, died in coordinated airstrikes in Mosul, Iraq, on June 15.
Obama Ordering Changes in U.S. Hostage Policiesby By JULIE HIRSCHFELD DAVIS
Families of captives that try to raise ransom money for groups like the Islamic State will no longer face the threat of prosecution, officials say.Micro-totalitarianism by Thomas Sowell
The concept of "micro-aggression" is just one of many tactics used to stifle differences of opinion by declaring some opinions to be "hate speech," instead of debating those differences in a marketplace of ideas.
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Culture and Social Pathology by Walter E. Williams
A civilized society's first line of defense is not the law, police and courts but customs, traditions, rules of etiquette and moral values.
In its just-released report “The 2015 Long-Term Budget Outlook,” the Congressional Budget Office stated bluntly that the long-term outlook for the federal budget has worsened dramatically.
As more is learned about the recent cyber-attacks on U.S. federal employee records by Chinese hackers, it is becoming increasingly clear that the problem is much worse than many previously thought. The breach included information about nearly all employees of the federal government and millions of persons with security clearances, as well as current and former congressional staffers.
House GOP Leadership Proposes Alternative to ObamaCare Subsidies by Joe Wolverton, II, J.D.
House Republican leadership has reportedly proposed an alternative to ObamaCare subsidies should the Supreme Court rule against them.
The United Nations “Special Tribunal for Lebanon” (STL) was ostensibly set up to find and bring to justice the killers of Lebanese Prime Minister Rafiq Hariri, who was murdered a decade ago along with more than 20 others in a massive bomb explosion. But rather than fulfilling its mandate after squandering some $500 million tax dollars, the UN court is seeking to put journalist Karma Khayat in prison for seven years — not for killing the late Lebanese leader, but for her groundbreaking reporting on the case that exposed the court’s stunning incompetence. The Hague-based UN outfit is also demanding that Khayat’s media outlet, Beirut-based TV news station Al-Jadeed, hand over up to $7 million in “fines.”
In closing statements on June 19 and in an interview with The New American later in the day, Khayat lambasted the UN court and what she said was its outrageous assault on fundamental human rights.
Billionaire financier and close Obama ally George Soros, who in 2009 called for the brutal communist regime ruling mainland China to “own” what he referred to as the “New World Order,” is now claiming that the Obama administration he helped put in power must “make a bona fide attempt at forging a strategic partnership with China.” If such an alliance fails to materialize, and soon, the statist self-styled philanthropist warned that another World War may be just around the corner. Citing Obama’s pseudo-treaty with dictator Xi Jinping on “climate change” as a model approach, Soros expressed hope that Obama’s final year in office could be exploited to form the “strategic partnership” he envisions with the tyrants in Beijing.
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Hacking attack grounds 1,400 passengers at Warsaw airportHacking attack grounds 1,400 passengers at Warsaw airport | News | DW.COM Sunday June 21 st , 2015 at 9:50 PM 1 Share Around 1,400 passengers were grounded at Warsaw's Frederic Chopin airport Sunday, after hackers attacked ground computer systems used to ...
Hacking attack grounds 1,400 passengers at Warsaw airport | News | DW.COM Sunday June 21st, 2015 at 9:50 PM 1 Share Around 1,400 passengers were grounded at Warsaw's Frederic Chopin airport Sunday, af...
Dylann Roof: FBI probes website and manifesto linked to Charleston suspect - G | Attack Gave Chinese Hackers Privileged Access to U.S. Systems - NYT | » Iran Lawmakers Ban Nuclear Inspectors From Military Sites - New York Times 21/06/15 11:56 from Google News - WorldIn Alleged Online 'Manifesto,' Accused Church Killer Details Hate Dylann Roof: FBI probes website and manifesto linked to Charleston suspect by Paul Lewis in Charleston, Amanda Holpuch in Columbia and Jessica Glenza in New York Sunday June 21 st , 2015 at ...
In Alleged Online 'Manifesto,' Accused Church Killer Details Hate Dylann Roof: FBI probes website and manifesto linked to Charleston suspectby Paul Lewis in Charleston, Amanda Holpuch in Columbia and Jessica Glenza in ...
11:10 AM 6/21/2015 - Attackers open fire on child's birthday party in Detroit; 10 people shot - CNN.comCurrent News Headlines Attackers open fire on child's birthday party in Detroit; 10 people shot - CNN.com TheUnion local.com | TheUnion.com - Page2RSS US Celebrates Father's Day Amid Concerns Over Russia, Pentagon Chief Starting European Tour Pentagon chief...
Current News Headlines Attackers open fire on child's birthday party in Detroit; 10 people shot - CNN.com TheUnion local.com | TheUnion.com - Page2RSS US Celebrates Father's Day Amid Concerns Over Russia, Pentagon Chief ...
4:04 PM 6/21/2015 - Pentagon chief to push U.S. allies to ditch 'Cold War playbook' | ReutersHeadlines AP Pentagon chief to push U.S. allies to ditch 'Cold War playbook' | Reuters Amid Concerns Over Russia, Pentagon Chief Starting European Tour Pentagon chief to seek greater NATO support on Europe trip - Yahoo News Attackers open fire on child's bi...
Headlines AP Pentagon chief to push U.S. allies to ditch 'Cold War playbook' | Reuters Amid Concerns Over Russia, Pentagon Chief Starting European Tour Pentagon chief to seek greater NATO support on Europe trip - Yahoo N...
» Chinese Espionage: Was the OPM “Hack” Not a Hack, but Treason? 21/06/15 13:45 from Mike Nova's Shared NewslinksMike Nova's Shared NewsLinks Review From The Major News Sources » Chinese Espionage: Was the OPM “Hack” Not a Hack, but Treason? 21/06/15 13:45 from Mike Nova's Shared Newslinks mikenova shared this story from rss. I'm in this — Kurt The Chinese don't ...
Mike Nova's Shared NewsLinks Review From The Major News Sources » Chinese Espionage: Was the OPM “Hack” Not a Hack, but Treason? 21/06/15 13:45 from Mike Nova's Shared Newslinks mikenova shared this story from rss. ...
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Ex-CIA director: U.S. wide open to grid attack | Key Army commander accused of steering a contract to ex-classmates - The Washington PostHeadlines Ex-CIA director: U.S. wide open to grid attack Polish Airline Cancels Flights After Hacker Attack - ABC News US rebuffs Israel’s last-ditch bid for nuclear constraints in Iran accord Iran Legislation Seeks to Bar Inspections of Military Sites Unde...
Headlines Ex-CIA director: U.S. wide open to grid attack Polish Airline Cancels Flights After Hacker Attack - ABC News US rebuffs Israel’s last-ditch bid for nuclear constraints in Iran accord Iran Legislation Seeks to Ba...
China Gets Pass from Obama on ‘Devastating’ OPM Hack to Preserve Strategic Dialogue and SummitFlashCritic: China Gets Pass from Obama on ‘Devastating’ OPM Hack to Preserve Strategic Dialogue and Summit Sunday June 21 st , 2015 at 11:34 PM Washington Free Beacon 1 Share Xi Jinping / AP BY: Bill Gertz The Obama administration continues to play do...
FlashCritic: China Gets Pass from Obama on ‘Devastating’ OPM Hack to Preserve Strategic Dialogue and Summit Sunday June 21st, 2015 at 11:34 PM Washington Free Beacon 1 Share Xi Jinping / AP BY...
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Pentagon chief planning for longer-term rift with Russia - Reuters | Pentagon chief urges balanced approach to Russian aggression | Russia is deploying advanced aerial weapon systems to the Arctic - Business Insider | Are European Companies Ignoring E.U. Sanctions On Russia? - Forbes | Russia Pushing Through Sale of Advanced Missile Systems to Iran | Child suicides highlight growing social crisis in ChinaВ России день памяти и скорби. 74 года назад началась Великая Отечественная война - Первый канал Monday June 22 nd , 2015 at 12:59 PM В Мире – Новости Google 1 Share Первый канал В России день памяти и скорби. 74 года назад началась Великая Отечественная ...
В России день памяти и скорби. 74 года назад началась Великая Отечественная война - Первый канал Monday June 22nd, 2015 at 12:59 PM В Мире – Новости Google 1 Share Первый канал В России день памят...
Department Of Homeland Security Still Controls What You Read | » Army Reprimanded General Involved in ISIS Fight 23/06/15 00:00 from NYT > Islamic State in Iraq and Syria (ISIS) - U.S. National Security and Military News ReviewDepartment Of Homeland Security Still Controls What You Read Monday June 22 nd , 2015 at 11:23 AM MintPress News 1 Share Where Americans turn for news, U.S. intelligence agencies follow. And infiltrate. And monitor. MINNEAPOLIS — With all of the establis...
Department Of Homeland Security Still Controls What You Read Monday June 22nd, 2015 at 11:23 AM MintPress News 1 Share Where Americans turn for news, U.S. intelligence agencies follow. And infiltrat...
The Real Dawn of the Age of Cyber Warfare | Why the next World War will be a cyberwar first, and a shooting war secondWhy the next World War will be a cyberwar first, and a shooting war second The Real Dawn of the Age of Cyber Warfare Monday June 22 nd , 2015 at 11:54 AM 1 Share World War IV, Cyber War, digital Pearl Harbor or cyber 9/11—people talk about catastrophic sc...
Why the next World War will be a cyberwar first, and a shooting war second The Real Dawn of the Age of Cyber Warfare Monday June 22nd, 2015 at 11:54 AM 1 Share World War IV, Cyber War, digital P...
Report: US Needs New Small Nuclear Bombs - Defense One | Chanting 'Death to America,' Iran MPs vote to bar military inspectors | The Times of Israel | US rebuffs Israel’s last-ditch bid for nuclear constraints in Iran accord | Carter: NATO must stand together against Russia aggression - The Washington Post | US hopes Russia may change direction when Vladimir Putin is gone | World news | The Guardian | Pentagon Chief Says U.S. Rift With Russia Could Outlast Putin | News | The Moscow Times | U.S. won't let Russia 'drag us back to the past': Pentagon chief | Reuters | Carter: No Desire for Conflict With RussiaHeadlines US hopes Russia may change direction when Vladimir Putin is gone | World news | The Guardian Pentagon Chief Says U.S. Rift With Russia Could Outlast Putin | News | The Moscow Times U.S. won't let Russia 'drag us back to the past': Pentagon chief |...
Headlines US hopes Russia may change direction when Vladimir Putin is gone | World news | The Guardian Pentagon Chief Says U.S. Rift With Russia Could Outlast Putin | News | The Moscow Times U.S. won't let Russia 'drag ...
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» Iraqi Families Return to Fragile Stability in Tikrit After Liberation From ISIS 23/06/15 00:00 from NYT > Islamic State in Iraq and Syria (ISIS)U.S. National Security and Military News Review us national security | national security | us military | US military news | D rug wars | » Army Reprimanded General Involved in ISIS Fight 23/06/15 00:00 from NYT > Islamic State in Iraq and Syri...
U.S. National Security and Military News Review us national security | national security | us military | US military news | Drug wars | » Army Reprimanded General Involved in ISIS Fight 23/06/15 00:00 from NYT > Isla...
World News Review » Why America Can't Stop Russia's Hybrid Warfare 23/06/15 02:00 from The National InterestWorld News Review » Why America Can't Stop Russia's Hybrid Warfare 23/06/15 02:00 from The National Interest Paul J. Saunders Security, Americas, Eurasia In important respects, America's inability to counter Russia's hybrid tactics may have less to do wi...
World News Review » Why America Can't Stop Russia's Hybrid Warfare 23/06/15 02:00 from The National Interest Paul J. Saunders Security, Americas, Eurasia In important respects, America's inability to counter Russia's h...
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The OPM Hack and the New DOD Law of War Manualby Kristen Eichensehr
Last Friday was a big day in cybersecurity news. OPM announcedthat, in addition to the compromise of the personnel information of federal employees revealed on June 4, Chinese hackers also breached a database containing millions of security clearance forms. Meanwhile, on the other side of the Potomac, the Department of Defense released its new Law of War Manual — thefirst since 1956 — including a new chapter on “Cyber Operations.” Considering the OPM hack in light of the Law of War Manual shows why, as a legal matter, the U.S. government is in a tough spot in responding to the hack.
Debates are raging over just how damaging the two OPM hacks are. In the first of what are sure to be many congressional hearings on the breaches, Rep. Carolyn Maloney (D-NY) asserted that she “consider[s] this attack … a far more serious one to the national security” of the United States than the 9/11 attacks. Others have called the hacks the long-warned-about cyber 9/11 or cyber Pearl Harbor. But other commentators have pushed back. Robert Knake of CFR noted that he is “a bit blasé” about the hack because “if the Chinese government is indeed behind it, it’s not by any stretch the most dastardly thing they have done in cyberspace.” Prof. Henry Farrell on the Washington Post ‘s Monkey Cage blog similarly explained that “hacking into information on U.S. government employees, however sensitive, is not a Pearl Harbor attack,” but rather “an (extremely worrying) exercise in espionage.”
That’s also the rub for international law. However damaging the hacks ultimately are to US national security — something that will be revealed only over time — they were fundamentally espionage, not an act of war or use of force. For an explanation, see the DOD Law of War Manual (emphasis added):
16.3.2. Peacetime Intelligence and Counterintelligence Activities. International law and long-standing international norms are applicable to State behavior in cyberspace, and the question of the legality of peacetime intelligence and counterintelligence activities must be considered on a case-by-case basis. Generally, to the extent that cyber operations resemble traditional intelligence and counter-intelligence activities, such as unauthorized intrusions into computer networks solely to acquire information, then such cyber operations would likely be treated similarly under international law. The United States conducts such activities via cyberspace, and such operations are governed by long-standing and well-established considerations, including the possibility that those operations could be interpreted as a hostile act. (footnotes omitted, emphasis added)
This section shows two reasons that make a full-throated US denunciation of the hacks difficult.
First, the OPM hacks were “unauthorized intrusions into computer networks solely to acquire information,” as opposed to causing system disruption or physical destruction. Per the Law of War Manual, they are equivalent to non-cyber intelligence activities under international law. What the Manual implies, but does not explicitly state, is that international law traditionally doesn’t prohibit espionage. (For background, see these articles by William Banks and Ashley Deeks.)
Second, and perhaps more importantly, the Manual acknowledges that the United States “conducts such activities [i.e., espionage] via cyberspace.” The United States regularly denounces China for engaging in commercial espionage, such as theft of intellectual property for the benefit of Chinese companies. But the OPM hack is government-on-government espionage, not commercial espionage. As Jack Goldsmith noted, “this is almost certainly the type of collection we are trying to do, and probably succeeding in doing, against China’s government officials,” and “[w]e can hardly go ballistic if we are doing the same thing.”
There is an irony here: because of the administration’s policy in favor of transparency and attempting to protect individuals’ whose information was compromised in the hacks, the US government is in the position of announcing foreign intelligence agencies’ successes, at least when they compromise individuals’ personal information. Foreign countries are not so forthcoming if or when the United States achieves similar intelligence wins. And of course the announcement of breaches also telegraphs to US adversaries what the United States does and does not know about ongoing vulnerabilities in and breaches of its systems.
Despite the debate over exactly how bad the OPM hacks are for national security, there is no doubt that they are a blow, the magnitude of which will become clearer over time. Where any US claim to the legal or moral high ground would be shaky at best, we should assume that spies are going to spy and act accordingly. This means that the government must better secure its sensitive information going forward and take steps to protect the individuals already put at risk. Beyond such responses, allusions to 9/11 and Pearl Harbor are misplaced and tend to frame these hacks in terms countenanced neither by realism in international relations nor by the rules of international law.
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The US-led campaign against ISIL is going well in neither the terrestrial nor cyber realms. ISIL’s successful offensives against Ramadi in Iraq and Palmyra in Syria in late May triggered controversies that the Paris meeting of the anti-ISIL coalition in early June did little to resolve. The State Department followed this bad news with an unflattering post-Paris assessment of US and coalition efforts against ISIL’s online offensive. TheNew York Times described this document as painting a “dismal picture of the efforts by the Obama administration and its foreign allies to combat the Islamic State’s message machine, portraying a fractured coalition that cannot get its own message straight.” This perspective reinforced a Washington Post article from early May about problems with US counter-militant messaging in the Bush and Obama administrations.
Countering ISIL’s use of the Internet, especially social media, has clearly confounded the United States and its partners. For more than a decade, policymaking on countering online extremism has emphasized “counter-narrative” approaches more than “counter-content” tactics that block or remove communications from the Internet. Counter-narrative strategies are considered more legitimate because they foster speech rather than censorship. Counter-narrative approaches are also believed to be more effective against online propaganda and radicalization. Responses to ISIL’s online activities follow this pattern, focusing on counter-narratives. However, ISIL proved more strategic, sophisticated, and successful online than previous terrorist groups. The scale and intensity of ISIL’s use of social media has created new interest in content-based countermeasures.
Two new publications issued this week analyze the problems ISIL’s online activities create and offer recommendations to improve countermeasures. In a Council on Foreign Relations Cyber Brief, I focus on challenges the US government and tech companies face in taking down online content associated with ISIL without compromising commitments to free speech. In a Wikistrat report, Daveed Gartenstein-Ross and Nathaniel Barr argue that ISIL is “winning its propaganda war” against Western powers and advise the United States on how to strengthen online counter-messaging activities. These contributions raise hard questions about the effectiveness, legitimacy, and strategic importance of efforts to counter ISIL’s online offensive.
In terms of counter-narrative strategies, Gartenstein-Ross and Barr argue that the United States has failed “to wrest control of the narrative” from ISIL for three reasons. First, US efforts have fallen behind ISIL’s “high octane, rapid-fire social media apparatus.” Second, the United States has conflated ISIL with the broader jihadist movement. Third, US strategy has failed to concentrate counter-messaging on ISIL’s exaggerated claims of its “victory and expansion” and on its “governance failures and struggles to function as a state.”
Compounding this ineffectiveness is a legitimacy deficit that arises when the US government is the driving force behind counter-narrative efforts aimed at young Muslims. Many experts have argued that legitimate counter-narrative strategies depend on anti-extremist messages coming from affected communities (including former ISIL members), not governments. The imperative for the US government to act against ISIL online produces the need, to steal from Liddell Hart, for an “indirect approach” to counter-narrative strategy. For example, Gartenstein-Ross and Barr recommend that the US government should aim to create “a snowball effect” against ISIL online propaganda by providing factual information (including through selective declassification of information) that others, especially members of civil society, can use in their own counter-narrative efforts.
The ineffectiveness of the counter-narrative strategies Gartenstein-Ross and Barr critique has produced growing pressure for measures targeting the content of online communications. ISIL’s online onslaught has led to increased removal or blocking of content by governments and companies. However, the effectiveness of content-based measures is not clear. Of equal concern is that the legitimacy of content-based measures is suspect under free speech principles supported by liberal democracies. These legitimacy concerns can be addressed through increased transparency and accountability for content-based countermeasures sought by the US government and taken by US companies.
In my Cyber Brief, I recommend adoption of a presidential policy directive that identifies when the US government would request a company implement online content-based measures to counter terrorism and extremism — requests that should be subject to oversight by the Privacy and Civil Liberties Oversight Board. Similarly, companies that control online content should specifically explain their policies for using content-based measures against terrorist and extremist communications and establish independent reviews of their use of such measures.
Although countering ISIL’s online activities is considered integral to the overall effort to defeat this group, questions about the strategic importance of online countermeasures emerge from both papers. Gartenstein-Ross and Barr’s recommendations hinge on being able to attack “the image of strength and momentum” that fuels ISIL’s online propaganda. With ISIL online propaganda re-fueled by Ramadi and Palmyra and its resilience against US and coalition attacks, the counter-narrative approach Gartenstein-Ross and Barr recommend will have more difficulty being effective. When counter-narrative strategies appear to falter, interest in content-based measures increases, which underscores the importance of focusing more attention on this aspect of countering ISIL in cyberspace.
ISIL’s battlefield gains — and the damage these setbacks inflicted on US and coalition credibility — create a context in which the effectiveness and legitimacy of both kinds of online countermeasures ultimately depend on a transformed military situation. As I put it in my paper, “the Islamic State is more a ‘boots on the ground’ than ‘bytes on the net’ problem.” Unfortunately, how the United States and the coalition achieve this transformation is proving even more confounding than what to do about ISIL’s online prowess.
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A New U.S.-U.K. Data Sharing Treaty? by Jennifer Daskal
In a little-noticed piece of news (at least in the U.S.), the U.K. has been contemplating a new international treaty to enable British authorities to access user data held by U.S. tech companies. While the details remain classified, the Special Envoy to the prime minister on intelligence and law enforcement data sharing has recommended such a treaty. And Prime Minister David Cameron has endorsed the idea.
The fact that this is even being considered is noteworthy for at least four reasons:
First, it highlights the pressing problem of jurisdictional conflicts regarding law enforcement access to data — an issue also at the heart of the pending Microsoft case (discussed here, here, andhere). The U.K., along with many other foreign companies, is— quite understandably —frustrated by the length of time it takes the U.S. government to turn over sought-after data stored by U.S. service providers on US soil. Whereas the U.K. would likely get sought-after emails within days if held by a U.K. provider, it takes an average of ten to twelve months to get the same data if held by a U.S.-based service provider. This is because the Electronic Communications Privacy Act (ECPA) prohibits U.S.-based companies from disclosing the contents of stored communications absent a warrant based on probable clause. (Notably, however, ECPA does not bar the U.S.-based firm from handing over so-called metadata, such as basic subscriber information or location data.)
Because ECPA requires an American warrant for stored content, it forces the U.K. government to request U.S. assistance via the time-consuming mutual legal treaty assistance (MLAT) process. And this is the source of much frustration. The requirement that a foreign government seek permission from, and abide by the requirements of, the U.S. government simply because the relevant data happens to be controlled by a U.S. based service provider strikes many foreign law enforcement officials as absurd — particularly when they are requesting data regarding a crime between two of their own citizens that took place on their soil. Why, foreign governments ask, should we have to meet a foreign legal standard — and wait ten to twelve months for a response — when we’re investigating an entirely local matter?
Second, a bilateral U.S.-U.K. treaty provides a welcome alternative to the U.K.’s unilateral attempt to apply its laws extraterritorially. In 2015, partly in response to frustrations over jurisdictional conflicts, the UK passed broad, emergency legislation that, among other things, authorizes the government to directly access data from U.S.-based service providers if sought for specific purposes and the request is approved by the Secretary of State or other specified executive branch official — but not a neutral arbiter such as a magistrate or judge.
While we don’t know of any cases where the U.K. has actually engaged in the extraterritorial exercise of this authority (readers, please let us know if you do), the statute sets a concerning precedent that would, if actually implemented and enforced, operate as an end run around the U.S. legal standards – including substantive limits and procedural protections — governing access to data stored in the U.S. ECPA may cause jurisdictional headaches for the UK, but that does not justify the U.K.’s unilateral exertion of extraterritorial authority. If implemented, it would put companies in an impossible bind, forcing them to choose between a U.K. mandate or U.S. prohibition. It also moves us dangerously toward a system where governments ignore one another’s privacy protections and substantive limits on law enforcement access to data, even if seeking data of another sovereign’s citizen or for purposes that would violate basic human rights norms. (Imagine, for example, a similar claim to data from, say, Russia or China.)
A mutually agreed upon treaty that specifies when, in what circumstances, and based on what standards the U.K. could access that data through streamlined procedures would be a welcome alternative to the current U.K. law. (It may also have the added benefit of moving the needle on ECPA reform, which would likely be required as a means of implementing any agreed upon deal, as discussed below.)
There is one important caveat, however: If such a treaty is additive — leaving in place the current provisions and adding new treaty provisions on top of them — then it may in fact make things worse, not better.
Third, as a follow-on to the last point, the proposal raises all kinds of questions as to its actual design. We can think of two basic options, although there are multiple variations on each. The first would authorize direct requests to the companies, assuming certain agreed upon procedural and substantive requirements were met. This is the most efficient from the U. K. perspective, but it would require an amendment to ECPA for data stored in the U.S. It also puts companies in the difficult position of being the arbiter of whether or not the specified criteria are met.
The second option would institute an expedited processing mechanism – much as is required under the Budapest Convention for Cybercrime. Depending on the design mechanism, this too could require an amendment to ECPA, particularly if there were a decision to bypass standards laid out in current law, such as the requirement that the request be signed off on by a U.S. magistrate or judge. Expedited proceedings without legal reform are another option. But it is unclear how much of a dint would be made in the MLAT processing time given that the request would still have to clear multiple requirements laid out in U.S. law — all steps that are potentially time-consuming.
Fourth, it is worth emphasizing that it is nearly impossible to evaluate the proposal in the abstract. Much of the treaty’s viability will turn on its procedural standards, substantive standards, notice requirements, and dispute mechanisms — all things we know nothing about. Consider just the question of jurisdictional scope: will the treaty only provide streamlined access for investigations involving U.K. suspects, U.K. victims, and U.K.-based crimes? Or will the treaty provide streamlined access if only one or two of these U.K. elements are present? Will the scheme offer increased privacy protections — for example, introducing some limits on accessing metadata directly from the companies where ECPA provides none – or will it water down existing protections?
Answers to these questions will likely determine the political viability of the treaty. Needless to say, this treaty comes at a time when there is a great sensitivity to government attempts to access data. Perhaps that explains why so little about the treaty is public. But without further details, the treaty will be impossible to assess.
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All this points to the need for transparency as the discussions continue so as to enable the kind of public engagement and debate that is so essential in this area — and that will ultimately be required by any agreement that involves changes to U.S. law. As we have both written in different contexts, these are difficult, complicated issues that require international cooperation, consensus building, and a great deal of care. The U.K.’s reported interest in talking with the United States is a positive step forward. What we ultimately think about any such deal, however, will depend on the actual details.
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Yossi Alpher, a former Israeli intelligence officer, who was directly involved in numerous top-secret operations during his spy career, has published a new book that analyzes the overarching strategy behind Israel’s spy operations. 
Why the “Putinization” of Turkey Has Failed
- Marina Sevalneva
News of the Day
On June 22, EU foreign ministers officially extended economic sanctions against Russia for another six months over Russia’s involvement in Ukraine, until the end of January 2016. EU and US sanctions target primarily Russian senior officials, state banks, defense and energy firms. The sanctions are said to stay in place until the Kremlin fully implements the Minsk cease-fire plan.
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The head of the FBI became of the object of anger and ridicule when he said the Charleston massacre wasn’t political terror. The White House isn’t exactly coming to his defense.
The drone strikes in Yemen are a reminder that the ‘rules’ are virtually meaningless. That sets a terrifying precedent for the next president.
Effort to bolster failed bid to defeat resistance in Eastern Ukraine.
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"They cannot be taken seriously as an organization that is all for rights and equality if they block the entrance..."
“I often say that nobody can build a wall like I can build a wall."
Much has been learned in the past month since the Senate first approved Fast Track.
The justices will release decisions on 11 more cases before the end of the term - here are some of the highlights
CBS News and the New York Times surveyed Americans on Obamacare, with the justices expected to issue a ruling that could have a big impact on the law
They'll head to South Carolina Friday for funeral of Clementa Pinckney
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U.S. Defense Secretary Ash Carter said Monday there is neither a desire for a return to a Cold War nor for a new conflict with Russia, and that economic sanctions are having an effect in countering Russian 'aggression' in Ukraine.
In continuation of ongoing commitment to NATO and regional security, more than 300 U.S. Marines are participating in BALTOPS 2015.
Syrian government forces have made further military progress in its bid to recapture the ancient city of Palmyra, reopening a major route for oil and gas supply to the capital Damascus.
Ukraine's Right Sector political party has reiterated calls to disregard the Minsk ceasefire agreements between Kiev and pro-Russia forces.
Lithuania has not made any decisions about supplying arms to Ukraine, the country's Prime Minister Algirdas Butkevičius said on Sunday.
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A United Nations expert appointed by the world body's Geneva-based Human Rights Council appealed today for the Security Council to take immediate action to enforce international law and protect civilians living "in daily fear for their lives" in areas controlled by the Islamic State in Iraq and the Levant group (ISIL) where "shocking crimes are being committed on an industrial scale."
Iran's former hard-line President Mahmud Ahmadinejad has reportedly said that the United States is working to arrest the Hidden Imam, who according to Shi'ite belief went into hiding in the 10th century and will reappear to bring justice to Earth.
SHARMINI PERIES, EXEC. PRODUCER, TRNN: Welcome to the Michael Ratner report on The Real News Network. I’m Sharmini Peries coming to you from Baltimore. On June 17, a U.S. appeals court reinstated a long-running lawsuit against several Justice Department officials…
“Among other things,” The Intercept reports, “the document lays out the tactics the agency uses to manipulate public opinion, its scientific and psychological research into how human thinking and behavior can be influenced, and the broad range of targets that…
On Monday, President Barack Obama used a podcast interview to argue that racism is in “the DNA” of Americans. In the course of his discussion with comedian Marc Maron, Obama declared, “The legacy of slavery, Jim Crow, discrimination in almost…
Dylann Roof appears in court: A Washington Post writer argues against calling him a “terrorist.” Corporate media are demonstrably reluctant to use the word “terrorist” with regards to Charleston shooting suspect Dylann Roof–even though the massacre would seem to meet…
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Image: Dylann Roof appears in court: A Washington Post writer argues against calling him a “terrorist.” Corporate media are demonstrably reluctant to use the word “terrorist” with regards to Charleston shooting suspect Dylann Roof–even though the massacre would seem to…
Pentagon boss Ashton Carter has announced the United States “will contribute weapons, aircraft and forces, including commandos, for NATO’s rapid reaction force” to defend against “Russia from the east and violent extremists from the south,” according to the Associated Press.…
Ukraine’s President Petro Poroshenko requests the supreme court of Ukraine to declare that his predecessor, Viktor Yanukovych, was overthrown by an illegal operation; in other words, that the post-Yanukovych government, including Poroshenko’s own Presidency, came into power from a coup,…
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