In Thomas Drake Case, Protected Doesn’t Mean Protected

By: emptywheel Tuesday May 31, 2011 5:34 pm

Earlier today, we learned that (thanks to Antonin Scalia) the word “suspicion” no longer means what it used to mean. Now we learn that “protected” doesn’t mean what it used to mean. As Josh Gerstein reports, the judge in the Thomas Drake case has agreed to let the government protect unclassified information using the Classified [...]

US Charges KSM, 9/11 Plotters, Again

By: emptywheel Tuesday May 31, 2011 12:37 pm

DOD has announced that prosecutors have recommended charges against KSM and the other alleged 9/11 plotters. The Department of Defense announced today the office of military commissions prosecutors have sworn charges against five individuals detained at Guantanamo Bay:  Khalid Sheikh Mohammed, Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed [...]

Scalia Invents a New Meaning for “Suspicion” while Letting Ashcroft Off the Hook

By: emptywheel Tuesday May 31, 2011 9:33 am

SCOTUS has just ruled unanimously that John Ashcroft can’t be sued by Abdullah al-Kidd for using a material witness warrant to incarcerate him. The 8 justices (Elena Kagan recused herself) all agree there was no law explicitly prohibiting this kind of abuse of material witness warrants, so Ashcroft has immunity from suit. Where the decision [...]

Retaliating against State-Sponsored Cyber War

By: emptywheel Tuesday May 31, 2011 5:17 am

On the first news day after the holiday weekend reporting on Lockheed Martin, WSJ reports that the US is moving towards making cyberattacks an act of war. The Pentagon has concluded that computer sabotage coming from another country can constitute an act of war, a finding that for the first time opens the door for [...]

About the Lockheed Martin Hack

By: emptywheel Monday May 30, 2011 6:51 am

As first started leaking last week, Lockheed Martin seems to have been hacked. Last weekend was bad for a very large U. S. defense contractor that uses SecureID tokens from RSA to provide two-factor authentication for remote VPN access to their corporate networks. Late on Sunday all remote access to the internal corporate network was [...]

Who Is Rehashing the Shrinks-4-Hire Report on Bruce Ivins?

By: emptywheel Sunday May 29, 2011 5:47 am

Slightly over a week after McClatchy focused new attention on evidence that Bruce Ivins may not have been able to produce the anthrax used in the 2001 attacks, and just days after Jerrold Nadler called attention to the FBI’s obfuscations about the technical data McClatchy used, the LAT has decided to ignore such technical problems [...]

Where I Walk My Dog

By: emptywheel Saturday May 28, 2011 3:52 pm

I actually wasn’t going to post this video. I haven’t lived in Grand Rapids all that long (so it’s really not my place to criticize this video), but the video misses some of the real funkiness of the art and buildings even in the streets that were filmed. But it’s getting some play on other [...]

DiFi’s Secret Law

By: emptywheel Saturday May 28, 2011 8:42 am

Steven Aftergood linked to this colloquy on the PATRIOT Act which reveals a lot about Ron Wyden and Mark Udall’s efforts to force the government to admit how it’s suveilling Americans. The colloquy basically puts not just the agreement, but the circumstances that went into the agreement, into the Congressional record. After some Senatorial blathering [...]

The Army’s “Sticky Note” SIPRNet Security

By: emptywheel Saturday May 28, 2011 6:03 am

No wonder the US Army was allegedly bested in the WikiLeaks leak by a Lady Gaga CD. In addition to all the other gaping security problems with the classified network, there were apparently widely accessible SIPRNet computers with passwords written out on sticky notes on the computers. A Guardian investigation focusing on soldiers who worked [...]

Happy Memorial Day! Remember Your Government Will Be Tracking with Whom You Celebrate this Weekend

By: emptywheel Friday May 27, 2011 11:14 am

As I’ve said repeatedly in discussions of the secret interpretations of the PATRIOT Act provisions that Ron Wyden and Mark Udall complained about, those interpretations probably claim the government can collect mass information on geolocation. Julian Sanchez lays out why that is almost certainly the case in this worthwhile post. The three main points (there [...]

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