Tag Archives: Wired

RT: Subpoena #wikileaks

Kim Zetter at Wired:

The U.S. Justice Department has served Twitter with a subpoena seeking information on an Icelandic lawmaker who has worked with WikiLeaks and its founder Julian Assange, the lawmaker told Threat Level on Friday.

“I got the letter from Twitter a couple of hours ago, saying I got 10 days to stop it,” wrote Birgitta Jonsdottir, a member of Iceland’s parliament, in an e-mail. “Looking for legal ways to do it. Will be talking to lawyers from EFF tonight.”

EFF refers to the Electronic Frontier Foundation, a non-profit civil liberties group in the United States.

On her Twitter feed, Jonsdottir said the government is seeking an archive of tweets she sent out since Nov. 1, 2009 as well as “personal information” for her account. (See update below)

Josdottir told Threat Level that the request was filed under seal by the Justice Department on December 14 in U.S. District Court in Alexandria, Virginia. This is the same jurisdiction where, according to previous press reports, a federal grand jury is investigating possible charges against Assange, with whom Jonsdottir has worked closely.

Glenn Greenwald:

It’s worth recalling — and I hope journalists writing about this story remind themselves — that all of this extraordinary probing and “criminal” investigating is stemming from WikiLeaks’ doing nothing more than publishing classified information showing what the U.S. Government is doing:  something investigative journalists, by definition, do all the time.

And the key question now is this:  did other Internet and social network companies (Google, Facebook, etc.) receive similar Orders and then quietly comply?  It’s difficult to imagine why the DOJ would want information only from Twitter; if anything, given the limited information it has about users, Twitter would seem one of the least fruitful avenues to pursue.  But if other companies did receive and quietly comply with these orders, it will be a long time before we know, if we ever do, given the prohibition in these orders on disclosing even its existence to anyone.

Jacob Palmer at GizmoCrunch:

If you’re wondering whether Twitter will fold or fight (with lawyers to back them up) after receiving the subpoena, the following clause from Twitter’s “spy guide” policy will tell you:

“In accordance with our Privacy Policy and Terms of Service, non-public information about Twitter users is not released unless we have received a subpoena, court order or other legal process document.” Such requests would only be valid if sent by law enforcement.”

So yes, they would most likely fold faster than Superman on laundry day. More on this as it develops.

Ryan Singel at Wired:

To Twitter’s credit, the company didn’t just open up its database, find the information the feds were seeking (such as the IP and e-mail addresses used by the targets) and quietly continue on with building new features. Instead the company successfully challenged the gag order in court, and then told the targets their data was being requested, giving them time to try and quash the order themselves.

Twitter and other companies, notably Google, have a policy of notifying a user before responding to a subpoena, or a similar request for records. That gives the user a fair chance to go to court and try and quash the subpoena. That’s a great policy. But it has one fatal flaw. If the records request comes with a gag order, the company can’t notify anyone. And it’s quite routine for law enforcement to staple a gag order to a records request.

That’s what makes Twitter’s move so important. It briefly carried the torch for its users during that crucial period when, because of the gag order, its users couldn’t carry it themselves. The company’s action in asking for the gag order to be overturned sets a new precedent that we can only hope that other companies begin to follow.

The decision would be laudable in almost any situation, and may even be unprecendented by a massive tech firm. The only other gag orders I can think of that were challenged in court were those served on the Internet Archive, on a small library and on Nicholas Merrill, the president of the small New York City ISP Calyx Internet Access, who spent years resisting a National Security Letter order seeking information about one of his clients.

Even more remarkable, Twitter’s move comes as a litany of companies, including PayPal, Mastercard, VISA and Bank of America, follow the political winds away from the First Amendment, banning donations to WikiLeaks. And Amazon.com voluntarily threw the site off its hosting platform, even though there’s nothing illegal in publishing classified documents.

By standing up for its users, Twitter showed guts and principles. Much of it is likely attributable to Twitter’s general counsel Alexander Macgillivray. As security and privacy blogger Christopher Soghoian notes, Macgillivray was one of the first law students at Harvards’ Berkman internet law center and at in his previous job at Google “played a major role in getting the company to contribute takedown requests to chillingeffects.org.”

Alexis Madrigal at The Atlantic

E.B. Boyd at Fast Company:

Twitter’s general counsel comes out of Harvard’s prestigious Berkman Center for Internet and Society, the cyber law powerhouse that has churned out some of the leading Internet legal thinkers. The center was founded a little over a decade ago by none other than Charles Nesson, the famous defender of Pentagon Papers leaker Daniel Ellsberg. While at Harvard, Macgillivray helped teach a course on the law of cyberspace, along with Wendy Seltzer, a fellow at Princeton’s Center for Information Technology Policy. Today Seltzer leads the Chilling Effects clearinghouse, a collaboration between several law schools and the Electronic Frontier Foundation, which tracks legal challenges to lawful online activity.

After Harvard, Macgillivray worked as a litigator for Silicon Valley super-firm Wilson Sonsini Goodrich & Rosati before moving to Google, where he first spearheaded legal issues for products like Search and Gmail. He soon found himself enmeshed in the fractious Google Books lawsuit. Observers credit Macgillivray’s agile mind and creative thinking with architecting with the Google Books Settlement–a solution that both enabled Google to lawfully scan the contents of university libraries and to create a mechanism for authors and publishers to get their out-of-print books back into circulation.

Twitter wooed Macgillivray away from Google in the summer of 2009, and he now heads a 25-person legal team. Throughout his career, he has remained an avid student of Internet and intellectual property law, and calls himself a tinkerer of sorts–his personal website is called “bricoleur,” a French term he says refers to one who “[tries] things out until they figure out how to do something.”

Macgillivray also curates a Twitter list of the primary thinkers tangling with cyber issues, and he has occasionally returned to Berkman to guest lecture or speak on topics of the day. Coincidentally, a week before the DOJ subpoena, Macgillivray was tweeting about a government analysis looking at which criminal statutes might apply to the WikiLeaks-style publication of leaked classified documents.

Twitter has declined to comment on the original subpoena and the company’s fight to get it unsealed. What we do know is that the original order was faxed to Twitter on December 14. On January 5, the same magistrate who signed the first order, signed a new one, ordering the first to be unsealed. And on January 7, Twitter sent notifications to at least several of the holders of the accounts listed on the subpoena, telling them the company would respond to the order in 10 days, unless “we receive notice from you that a motion to quash the legal process has been filed or that this matter has been otherwise resolved.”

It’s reasonable to assume that Macgillivray is the person who either led or played a significant role in the thinking that resulted in the decision to challenge the secrecy aspect of the order. If so, it’s a smart move.

Vadim Lavrusik at Mashable:

The journalist cannot adequately promise anonymity on social sites like Twitter or others, but that won’t stop whistle-blowers from contacting journalists on those sites. Whistle-blowers will still reach out to journalists on those platforms because that’s where they are often most accessible. Therefore, it ultimately starts with protection from the platform.

Journalists may be able to offer some protection in knowing that the platform will not disclose source information. But this would take a serious restructuring of the current culture of companies that do not stand up for their users. Twitter’s move to notify its users is a step in the right direction.

But notification is not enough to provide protection to journalists whose information is being subpoenaed by a federal court. In the U.S., 36 states and Washington, D.C. have journalist shield laws — legislation that provides reporters a privilege to refuse to disclose any information or sources obtained during their reporting. The rest of the states either provide some protection or none at all. But because there is no federal statutory reporter’s shield law, Jane Kirtley, who teaches media ethics and law at the University of Minnesota, says that in all likelihood, there would be no protection for a journalist being subpoenaed on a federal level.

Kirtley notes there are federal attorney general guidelines, which discourage the use of subpoenas against the press, but nothing to outright prohibit them as long as the attorney general approves it.

The case with Twitter and other tech companies is that these are not considered to be subpoenas for journalists’ records, so even if there is a privilege, it is unlikely to apply to these records, Kirtley said. This is a loophole that gives journalists little protection or right to protect themselves in their reporting while using such sites.

If a journalist refuses to disclose information to a government entity requesting it in an investigation, the court can simply go to the platform of communication to get the records. With many social media sites playing a vital role in news distribution and watchdog journalism, this requires a stand from those sites against disclosing such information in a broken system that once recognized the value of protecting journalistic integrity.

But ultimately, the privilege of shield laws should also extend to the social platforms hosting the information that is shared between whistle-blowers and journalists. And until there is a federal shield law for reporters, protection for such newsgathering will be nonexistent. This is the only way to fix the broken system. Platforms can only protect their users to a certain extent. It then becomes a legislative issue around the protection of journalists and the Fourth Estate.

Walker Frost at The American Scene:

Let’s rewind to November 2007. Yahoo had just complied with the Chinese government’s request for the IP information and e-mail records of Wang Xiaoning and Shi Tao, two Chinese dissidents who China accused of “illegally providing state secrets to foreign entities.” Michael Callahan, the Yahoo’s executive VP and general counsel, was in Congress getting reamed by the late Tom Lantos (D-CA), Chairman of the House Foreign Affairs Committee, for the company’s gross moral failure: “Yahoo claims that this is just one big misunderstanding. Let me be clear—this was no misunderstanding. This was inexcusably negligent behavior at best, and deliberately deceptive behavior at worst.”

Yahoo’s response: “Like other global organizations we must abide by the laws, regulations and norms of each country in which we operate.”

“Why do you insist on using the phrase, ‘lawful orders?’” Lantos challenged. “These are the demands of a police state.”

Lantos even brought Shi Tao’s mother to the hearing, seated her in the front of the room, and told Yahoo CEO Jerry Yang: “I would urge you to beg the forgiveness of the mother whose son is languishing behind bars thanks to Yahoo’s actions.”

How the tables have turned.

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Strawberry Alarm Clock

Uri Friedman at The Atlantic with the round-up.

John C. Dvorak at PC Magazine:

There was a big brouhaha over the weekend as the Apple iPhone alarm clock failed to work on both News Years day and January 2nd. Then the problem self-corrected on the third for some reason nobody bothered to explain.

I first found out about it on the 2nd when my podcasting partner, Adam Curry, was moaning about how the alarms didn’t work on his iPhone, and he didn’t get up on time to prep for the show we do on Sunday morning. I thought it was peculiar. Peculiar that people use the iPhone as an alarm clock!

Apparently, a lot of people use the iPhone as an alarm clock, adding more dubious usefulness to the device. I know that over the years, the mobile phone has essentially replaced the wrist watch. When people want to know the time they pull out their mobile phone and look at it. This has the added advantage of giving you the opportunity to check for important messages.

After all, we will die on the spot and be humiliated by the throngs of passersby if we are not up to the second with our messaging obligations. It’s gotten so bad that the evil phones are now at our bedsides to wake us up. Then when this questionable function fails, the world goes into a tizzy.

Ron Hogan at Popular Fidelity:

Weirdly enough, the glitch only affected one-time alarm settings, not recurring alarms.  Recurring alarms worked just fine.  Apple says that “customers can set recurring alarms for those dates and all alarms will work properly beginning January 3.”  Too little, too late.

Even worse, the glitch affected the newest version of the iPhone, the iPhone 4G, and the most recent versions of iPhone software.  If you updated your iPhone and needed to get up this weekend for something, then you probably overslept.  Then again, if you have to get up for something, I recommend multiple alarm clocks, not just technological ones.

Charlie Sorrel and Brian X. Chen at Wired:

Apple spokesperson Natalie Harrison told Macworld that the the bug had been officially recognized, and would fix itself on Jan. 3.

“We’re aware of an issue related to non-repeating alarms set for Jan. 1 or 2,” Harrison said. “Customers can set recurring alarms for those dates and all alarms will work properly beginning Jan. 3.”

However, some iPhone customers in Asia and Europe said they were still experiencing alarm malfunctions as of Jan. 3, according to Reuters. Also, some U.S. customers said on Twitter this morning that their alarms weren’t working.

“This is why I missed the gym this morning,” tweeted Rik Nemanick, a Saint Louis resident.

Apple claims the alarm issue has only affected non-repeating alarms — meaning if your alarm is set to go off at the same time “every Monday,” for example, it should have worked today. However, for those who set a one-time alarm for this morning, some may have experienced the malfunction.

If you’re paranoid about sleeping in late, the quick fix for the issue is to set recurring alarms. To set repeating alarms, launch the Clock app, hit the + sign to create an alarm, then tap Repeat and choose the day(s) you want this alarm to go off regularly.

The alarm code in iOS seems to be pretty buggy. This latest problem follows a bug that caused alarms to sound an hour late when both Europe and the United States flipped over from daylight saving time at the end of the summer.

An unreliable alarm clock is a frivolous bug, but it’s particularly embarrassing for Apple, a company that prides itself for fine details of its products. Here’s hoping that Apple issues a complete rewrite of its clock app whenever it releases the next iPad or iPhone.

Ben Popken at The Consumerist:

On Jan 1 and 2 of 2011, tons of people overslept, not due to hangovers, but because of an iPhone glitch that made their alarms go off. For most people this was just an inconvenience, but for one couple it was disastrous. They missed a fertility treatment deadline.

Jodi writes:

My husband and I set the alarms on both of our iPhones to go off at 6:45am on January 1. We had a very important deadline to make that morning in regards to our scheduled fertility treatment. But we missed it. The alarms didn’t go off. Apparently (according to Google) they don’t work on January 1 or 2 of 2011. Wish we would’ve known this ahead of time. Thousands of dollars and a month of injections wasted. And no one to turn to for recourse.Jodi

Sent from my iPhone

My heart goes out to you and your husband, Jodi. That is devastating. I only hope that you have the resources and fortitude to be able to pick up the pieces and try again.You might say that they should have set multiple, non-iPhone alarms, but hindsight is 20/20 and that doesn’t remove the pain of their loss.

Nicholas Jackson at The Atlantic:

Unwilling to wait for another day and hope that your alarm wakes you tomorrow morning as it once used to? There’s a quick fix. Download one of hundreds of free applications from the Apple Store and use that instead. Maybe you’ll even find that you like it better than the built-in alarm.

A couple of our favorites: Nightstand Central Free is ad-supported and only gives you a few options for the sound of your alarm, but it includes a weather report and works even when you leave the phone locked and in sleeping mode. iClock Free is another ad-supported application that includes a weather report next to the time display. Once you set an alarm using this application, it will go off on your iPhone or iPod even when you don’t have the application open. In addition, you can set the app so that a puzzle must be solved before the alarm will stop ringing; a smart bonus that will help to rouse even the deepest of sleepers

 

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It’s A Bird… It’s A Plane… It’s A Tweet From Cory Booker!

Cory Booker’s twitter feed

Juli Weiner at Vanity Fair:

Newark mayor Cory Booker is now taking requests from snowed-in constituents. Since the East Coast blizzard hit on Sunday, residents of Newark have been tweeting appeals for Booker to dispatch snowplows and rescue vehicles to specific streets and neighborhoods. “I need street names and patience,” he told one cold and concerned tweeter. We simply cannot wait for the graphic-novelization (and subsequent Zack Snyder movie!) of Booker’s post-blizzard Twitter feed. (@CoryBooker, can you make this happen?) Let’s review his 10 most heroic moments thus far.

10. “will get someone to your mom’s street, tell her to stay put RT @sexylp40 my mom stuck on 9th ave and 12th that whole block wasn’t plowed”

9. “Can u DM me his phone #?RT @NewNewark: @corybooker rec this text Tell mayor, Mr Lou Jones 224 Richileu ter. He’s disabled needs help.”

8. “I seriously had that fantasy today RT @papistorz: wouldn’t it b easier 2 get a flame thrower n melt the snow?”

7. “God Bless the 5 guys who just stopped to help me dig a van out. I am so grateful for all of Newark’s heroes today.”

6. “I’m coming on the scene now RT @Cutiepie27: come on orange st. and help this truck get out the snow he been stuck for like 30 minutes now”

5. “Sending team immediately back there 2 ensure hospital is clear RT @Babihead: still has yet to clean my street & I live across from hospital!”

4. “I just doug out ur car. All the best RT @MsXmasBaby: Is there NE city volunteers 2 dig some1 out? I’m going 2 have medical procedure done”

3. “Just doug a car out on Springfield Ave and broke the cardinal rule: ‘Lift with your Knees!!’ I think I left part of my back back there”

2. “Just freed a med transport van here at Cottage Place in Central Ward. Private contractor needs 2 be arrested 4 leaving these folks stranded”

1. “Thanks 4 asking, back killing me: Breakfast: Advil and diet coke RT @itsmywayRob Hows ur back from lifting car last night? I hope u’re OK”

Jen Doll at The Village Voice:

A hero has emerged from all the snowflake rubble and ice, and that hero is Newark Mayor Cory Booker. Yesterday Myles (who’s out shoveling as we speak!) mentioned that Booker had been delivering diapers to babies, patroling the streets with his trusty shovel, and even helping kids understand the strength-in-numbers beauty of a snowflake, all the while Tweeting his aid to those who need it

Sam Gustin at Wired:

But Booker’s Twitter clinic wasn’t the only innovative use of social and web-based media during the Snowmageddon of December 2010.

By Tuesday morning, tech-savvy citizens were using Ushahidi, a crowdsourced mapping tool, to collect reports of various problems around New York.

Snowmageddon Clean-Up: New York had more than 100 reports by midday Tuesday, detailing such issues as: “Multiple elders on this block as well as a disabled young adult. Should an emergency arise, the City will have a lawsuit on their hands.” And: “Entire apartment complex snowed in. We cant get out. running out of food…” (That one’s from Highlands, New Jersey, but you get the, uh, drift.)

David Freedlander at The New York Observer:

At Mayor Bloomberg’s Bronx news conference today, The Politicker asked Hizzoner if he had been peering over the river to check out his friend Cory Booker’s efforts to deal with the snow clean-up. Bloomberg after all has been swamped by criticism for suggesting that New Yorkers take advantage of being unable to get out of their homes the Snow Day by checking out Broadway shows.

Booker, on the other hand, earned the nickname “Mayor Plow” for delivering diapers to a housebound mother, digging out snowbound seniors, and for responding to residents’ pleas for snowplows personally via Twitter.

In response to our question, the mayor replied, “I think Cory Booker is a great mayor. And what’s appropriate for Newark and for his people, I am certainly going to take a look and see what he is doing. I am going to call him this afternoon and say, ‘Hey, you know, what are you doing?'”

When pressed by another reporter if Booker was being lauded for presenting an image of working hard to help his constituents deal with the blizzard, Bloomberg said, “I’d like to think that we have that image as well. I can’t work much harder.”

Now Booker has weighed in (via Twitter, of course) writing, “People far 2 rough on @mikebloomberg – still fighting 2 clear snow in NWK & we are 1/29th size of NYC.”

Doug Mataconis:

Nonetheless, Booker’s hands-on approach to digging his city out of the snow has garnered international attention. It’s not a gimmick either. Since becoming Mayor, Booker has been active in turning Newark around after decades of being governed by mostly corrupt Mayors, and he’s allied himself with Governor Christie on issues like education reform even though the two of them come from different political parties. And on that note, there has already been talk among New Jersey Democrats of nominating Booker for Governor in 2013, although nobody seems to know if he’s actually interested in running for that office. If he does run, though, Booker may find that just as snowstorms have been the downfall of politicians like New York Mayor John Lindsey,Chicago Mayor Michael Blandic and D.C. Mayor Marion Barry, Cory Booker could be proof that actively responding to constituents and helping them through a crisis works to a politicians benefits.

Credit for The Simpsons reference must go to Jake Tapper. But everyone would have thought if it eventually.

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It’s Been A Good Long Time Since We’ve Had A Nice Internet Fight

Glenn Greenwald:

On June 6, Kevin Poulsen and Kim Zetter of Wiredreported that a 22-year-old U.S. Army Private in Iraq, Bradley Manning, had been detained after he “boasted” in an Internet chat — with convicted computer hacker Adrian Lamo — of leaking to WikiLeaks the now famous Apache Helicopter attack video, a yet-to-be-published video of a civilian-killing air attack in Afghanistan, and “hundreds of thousands of classified State Department records.”  Lamo, who holds himself out as a “journalist” and told Manning he was one, acted instead as government informant, notifying federal authorities of what Manning allegedly told him, and then proceeded to question Manning for days as he met with federal agents, leading to Manning’s detention.

On June 10, former New York Times reporter Philip Shenon, writing in The Daily Beast, gave voice to anonymous “American officials” to announce that “Pentagon investigators” were trying “to determine the whereabouts of the Australian-born founder of the secretive website Wikileaks [Julian Assange] for fear that he may be about to publish a huge cache of classified State Department cables that, if made public, could do serious damage to national security.”  Some news outlets used that report to declare that there was a “Pentagon manhunt” underway for Assange — as though he’s some sort of dangerous fugitive.

From the start, this whole story was quite strange for numerous reasons.  In an attempt to obtain greater clarity about what really happened here, I’ve spent the last week reviewing everything I could related to this case and speaking with several of the key participants (including Lamo, with whom I had a one-hour interview last night that can be heard on the recorder below, and Poulsen, with whom I had a lengthy email exchange, which is published in full here).  A definitive understanding of what really happened is virtually impossible to acquire, largely because almost everything that is known comes from a single, extremely untrustworthy source:  Lamo himself.  Compounding that is the fact that most of what came from Lamo has been filtered through a single journalist — Poulsen — who has a long and strange history with Lamo, who continues to possess but not disclose key evidence, and who has been only marginally transparent about what actually happened here (I say that as someone who admires Poulsen’s work as Editor of Wired‘s Threat Level blog).

[…]

Actually, over the years, Poulsen has served more or less as Lamo’s personal media voice.  Back in 2000, Poulsen would quote Lamo as an expert source on hacking.  That same year, Poulsen — armed with exclusive, inside information from Lamo — began writing about Lamo’s various hacking adventures.  After Lamo’s conviction, Poulsen wrote about his post-detention battles with law enforcement and a leaked documentary featuring Lamo.  As detailed below, Lamo is notorious in the world of hacking for being a low-level, inconsequential hacker with an insatiable need for self-promotion and media attention, and for the past decade, it has been Poulsen who satisfies that need.

On May 20 — a month ago — Poulsen, out of nowhere, despite Lamo’s not having been in the news for years, wrote a long, detailed Wired article describing serious mental health problems Lamo was experiencing.  The story Poulsen wrote goes as follows:  after Lamo’s backpack containing pharmaceutical products was stolen sometime in April (Lamo claims they were prescribed anti-depressants), Lamo called the police, who concluded that he was experiencing such acute psychiatric distress that they had him involuntarily committed to a mental hospital for three days.  That 72-hour “involuntary psychiatric hold” was then extended by a court for six more days, after which he was released to his parents’ home.  Lamo claimed he was diagnosed with Asperger’s Syndrome, a somewhat fashionable autism diagnosis which many stars in the computer world have also claimed.  In that article, Poulsen also summarized Lamo’s extensive hacking history.  Lamo told me that, while he was in the mental hospital, he called Poulsen to tell him what happened, and then told Poulsen he could write about it for a Wired article.  So starved was Lamo for some media attention that he was willing to encourage Poulsen to write about his claimed psychiatric problems if it meant an article in Wired that mentioned his name.

It was just over two weeks after writing about Lamo’s Asperger’s, depression and hacking history that Poulsen, along with Kim Zetter, reported that PFC Manning had been detained, after, they said, he had “contacted former hacker Adrian Lamo late last month over instant messenger and e-mail.”  Lamo told me that Manning first emailed him on May 20 and, according to highly edited chat logs released by Wired, had his first online chat with Manning on May 21; in other words, Manning first contacted Lamo the very day that Poulsen’s Wired article on Lamo’s involuntary commitment appeared (the Wired article is time-stamped 5:46 p.m. on May 20).

Lamo, however, told me that Manning found him not from the Wired article — which Manning never mentioned reading — but from searching the word “WikiLeaks” on Twitter, which led him to a tweet Lamo had written that included the word “WikiLeaks.” Even if Manning had really found Lamo through a Twitter search for “WikiLeaks,” Lamo could not explain why Manning focused on him, rather than the thousands of other people who have also mentioned the word “WikiLeaks” on Twitter, including countless people who have done so by expressing support for WikiLeaks.

Although none of the Wired articles ever mention this, the first Lamo-Manning communications were not actually via chat.  Instead, Lamo told me that Manning first sent him a series of encrypted emails which Lamo was unable to decrypt because Manning “encrypted it to an outdated PGP key of mine” [PGP is an encryption program].  After receiving this first set of emails, Lamo says he replied — despite not knowing who these emails were from or what they were about — by inviting the emailer to chat with him on AOL IM, and provided his screen name to do so.  Lamo says that Manning thereafter sent him additional emails encrypted to his current PGP key, but that Lamo never bothered to decrypt them.  Instead, Lamo claims he turned over all those Manning emails to the FBI without ever reading a single one of them.  Thus, the actual initial communications between Manning and Lamo — what preceded and led to their chat — are completely unknown.  Lamo refuses to release the emails or chats other than the small chat snippets published by Wired.

Using the chat logs between Lamo and Manning — which Lamo provided to Poulsen — the Wired writers speculated that the Army Private trusted Lamo because he “sensed a kindred spirit in the ex-hacker.”  Poulsen and Zetter write that Manning confessed to being the leaker of the Apache attack video “very quickly in the exchange,” and then proceeded to boast that, in addition, “he leaked a quarter-million classified embassy cables” to WikiLeaks.  Very shortly after the first chat, Lamo notified federal agents of what Manning told him, proceeded to speak to Manning for the next several days while consulting with federal agents, and then learned that Manning was detained in Iraq.

Adrian Chen at Gawker:

Here’s how it worked in the Manning case: Manning first contacted Lamo by IM on May 21st. On May 24th, Lamo called Poulsen to let him know about the potential story, but witheld details. Lamo began working with the feds to nab Manning. On May 26th, Manning was arrested. The day after Lamo learned of Manning’s arrest, he told the whole story to Poulsen, who drove miles to pick up a zip drive with the chat logs, according to the CJR. Poulsen wrote the post and published June 6th.

We see here how Lamo functions essentially as an informal stringer for Poulsen. Lamo told the BBC that he had even told Manning he was a journalist. That Lamo then turned on his source is a pretty blatant violation of journalistic ethics, but never mind; Poulsen gets his story and Lamo gets his name in the papers.

In typical hyperbolic fashion, Wikileaks has been Tweeting allegations that this means Wired was in collusion with Lamo and, thus, the US government. Really, what’s going on doesn’t differ much from any source-journalist relationship.

But Wired’s role is indeed colored by Poulsen’s strong relationship with Lamo—and the fact that Lamo turned Manning into the authorities. When hackers come to the media with, say, evidence of a massive iPad security flaw, they usually demand some sort of anonymity. Manning didn’t have this option, since, technically he wasn’t speaking with a journalist. But the fact that Lamo presumably intended from the beginning to dish to Poulsen complicates things.

The exact role of Wired in this—and the extent to which Lamo misled Manning to think he was a journalist—could presumably be answered by looking at the full chat logs Lamo gave Poulsen. But Poulsen told Greenwald that Wired didn’t release the full transcript because it detailed “personal matters” or sensitive government information. Bullshit. Poulsen and Lamo have been working as an informal hacker-journalist unit for years. It’s time to get some Wikileaks-style transparency on how it all works.

More Greenwald:

Poulsen’s concealment of the chat logs is actively blinding journalists and others who have been attempting to learn what Manning did and did not do. By allowing the world to see only the fraction of the Manning-Lamo chats that he chose to release, Poulsen has created a situation in which his long-time “source,” Adrian Lamo, is the only source of information for what Manning supposedly said beyond those published exceprts.  Journalists thus routinely print Lamo’s assertions about Manning’s statements even though — as a result of Poulsen’s concealment — they are unable to verify whether Lamo is telling the truth.  Due to Poulsen, Lamo is now the one driving many of the media stories about Manning and WikiLeaks even though Lamo (a) is a convicted felon, (b) was (as Poulsen strangely reported at the time) involuntarily hospitalized for severe psychiatric distress a mere three weeks before his chats with Manning, and (c) cannot keep his story straight about anything from one minute to the next.

To see how odious Poulsen’s concealment of this evidence is, consider this December 15 New York Times article by Charlie Savage, which reports that the DOJ is trying to prosecute WikiLeaks based on the theory that Julian Assange “encouraged or even helped” Manning extract the classified information.  Savage extensively quotes Lamo claiming that Manning told him all sorts of things about WikiLeaks and Assange that are not found in the portions of the chat logs published by Wired:

Among materials prosecutors are studying is an online chat log in which Private Manning is said to claim that he had been directly communicating with Mr. Assange using an encrypted Internet conferencing service as the soldier was downloading government files. Private Manning is also said to have claimed that Mr. Assange gave him access to a dedicated server for uploading some of them to WikiLeaks.

Adrian Lamo, an ex-hacker in whom Private Manning confided and who eventually turned him in, said Private Manning detailed those interactions in instant-message conversations with him.

He said the special server’s purpose was to allow Private Manning’s submissions to “be bumped to the top of the queue for review.” By Mr. Lamo’s account, Private Manning bragged about this “as evidence of his status as the high-profile source for WikiLeaks.”

Wired magazine has published excerpts from logs of online chats between Mr. Lamo and Private Manning. But the sections in which Private Manning is said to detail contacts with Mr. Assange are not among them. Mr. Lamo described them from memory in an interview with the Times, but he said he could not provide the full chat transcript because the F.B.I. had taken his hard drive, on which it was saved. . . .

It has been known that investigators were looking for evidence that one or more people in Boston served as an intermediary between Private Manning and WikiLeaks, although there is no public sign that they have found any evidence supporting that theory. . . .

“At some point, [Manning] became satisfied that he was actually talking to Assange and not some unknown third party posing as Assange, and based on that he began sending in smaller amounts of data from his computer,” Mr. Lamo said. “Because of the nature of his Internet connection, he wasn’t able to send large data files easily. He was using a satellite connection, so he was limited until he did an actual physical drop-off when he was back in the United States in January of this year.”

Lamo’s claim — that Manning told him that he physically dropped off a disk with classified information to WikiLeaks’ “intermediaries” in Boston — is nowhere to be found in the chat logs released by Poulsen. And while there are a couple of vague references in the chats to Manning’s interactions with Assange, there is also little in the released portions about Assange using an “encrypted Internet conferencing service” to talk to Manning or specially creating a “dedicated server” for Manning to use.  Yet here is Lamo, on the front page of The New York Times, making these incredibly inflammatory accusations about what Manning supposedly told him — accusations that could implicate both WikiLeaks and numerous individuals in the Boston area, including MIT students who (due at least in part to Lamo’s prior accusations) have been the subject of WikiLeaks-related probes by the FBI.

Whether Manning actually said these things to Lamo could be verified in one minute by “journalist” Kevin Poulsen.  He could either say:  (1) yes, the chats contain such statements by Manning, and here are the portions where he said these things, or (2) no, the chats contain no such statements by Manning, which means Lamo is either lying or suffers from a very impaired recollection about what Manning said.  Poulsen could also provide Lamo — who claims he is no longer in possession of them — with a copy of the chat logs (which Lamo gave him) so that journalists quoting Lamo about Manning’s statements could see the actual evidence rather than relying on Lamo’s claims.  Any true “journalist” — or any person minimally interested in revealing the truth — would do exactly that in response to Lamo’s claims as published by The New York Times.

But manifestly, those descriptions do not apply to Kevin Poulsen.  It’s been almost two weeks since Savage wrote his story in which he prominently pointed out that Wired has the evidence — but has not released it — which would confirm whether Lamo is telling the truth about these vital matters, and Poulsen has said nothing.  Moreover, I sent Poulsen an e-mail two days ago — here — expressly asking whether or not the chat logs contain what Lamo says they contain about WikiLeaks and Boston-area “intermediaries,” and he has ignored the inquiries.  This is not the behavior of a journalist seeking to inform the public, but of someone eager, for whatever reasons, to hide the truth.

Evan Hansen and Kevin Poulsen at Wired. Poulsen:

On Monday, Salon.com columnist Glenn Greenwald unleashed a stunning attack on this publication, and me in particular, over our groundbreaking coverage of WikiLeaks and the ongoing prosecution of the man suspected of being the organization’s most important source. Greenwald’s piece is a breathtaking mix of sophistry, hypocrisy and journalistic laziness.

We took the high ground and ignored Greenwald and Salon the first time they pulled this nonsense. Now it’s time to set the record straight.

If you’re just tuning in, Wired.com was the first to report, last June, on the then-secret arrest of Pfc. Bradley Manning. I learned of the arrest from Adrian Lamo, a well-known former hacker on whom I reported extensively from 2000 to 2002. It was Lamo who turned Manning in to the Army and the FBI, after Manning — isolated and despondent — contacted him online and began confiding the most intimate details of his life, including, but by no means limited to, his relationship with WikiLeaks, and the vast databases he claimed to have provided them.

Co-writer Kim Zetter and I followed up the story four days later with a piece examining Manning’s motives. The Washington Post had just run a fine story about Manning’s state-of-mind: At the time of his discussions with Lamo, he’d been through a bad breakup and had other personal conflicts. But I felt — and still do feel — that it’s a mistake to automatically ascribe Manning’s actions to his feeling depressed. (For one thing, his breakup occurred after the leaking.) There’s an implicit political judgment in that conclusion: that leaking is an aberrant act, a symptom of a psychological disorder. Manning expressed clear and rational reasons for doing what he did, whether one agrees with those reasons or not.

So we went into the logs of the chats Manning held with Lamo — which Lamo had provided Wired and The Washington Post — and pieced together a picture of why Manning took his historic actions, based on his own words (“Suspected Wikileaks Source Described Crisis of Conscience Leading to Leaks“). As a sidebar to the article, we published excerpts from those chat logs.

We’ve had several more scoops since then, reporting new information on Manning’s history in the Army, and revealing the internal conflict his alleged disclosures triggered within WikiLeaks.

But those first stories in June either excerpted, quoted or reported on everything of consequence Manning had to say about his leaking. We’ve led the coverage on this story, and we would gain nothing by letting another scoop simmer unreported on our hard drives.

The debate, if it can be described as that, centers on the remainder of Manning’s conversations with Lamo. Greenwald argues that Wired.com has a journalistic obligation to publish the entirety of Manning’s communications. As with other things that Greenwald writes, the truth is the opposite. (See the statement above by Wired’s editor-in-chief.)

Greenwald’s incomplete understanding of basic journalistic standards was first displayed in his earlier piece on this subject, last June, titled “The Strange and Consequential Case of Bradley Manning, Adrian Lamo and WikiLeaks.” This is where he first claimed that Lamo and I have “long and strange history together.”

That “history” began in 2000, when, while reporting for the computer security news site SecurityFocus.com, I contacted Lamo to use him as an expert on security issues at AOL. I sought him out because he’d been quoted in a similar capacity in a Salon.com article the year before.

Later, Lamo began sharing with me the details of some of his hacking. Lamo was nearly unique among hackers of that period, in that he had no evident fear of discussing his unlawful access, regardless of the inevitable legal consequences. He cracked everyone from Microsoft to Yahoo, and from MCI to Excite@Home. And he freely discussed how he did it, and sometimes helped the victim companies close their security holes afterward.

This came at a time, prior to the passage of California’s SB1386, when companies had no legal obligation to reveal security breaches, and hackers, facing tough criminal sanctions, had a strong disincentive to reveal it themselves. Lamo’s transparency provided an invaluable window on the poor state of computer security.

Using little more than a web browser, he was able to gain sensitive information on critical infrastructure, and private data like Social Security numbers. He changed a news story on Yahoo — at the time the most-trafficked news source on the web — undetected. In the intrusion that finally resulted in his arrest, he cracked The New York Times intranet and added himself to the paper’s internal database of op-ed contributors.

Some people regarded him as a hacker hero — Kevin Spacey narrated a documentary about him. Others argued he was a villain. At his sentencing, Lamo’s prosecutors argued he was responsible for “a great deal of psychological injury” to his victims.

To Greenwald, all this makes Lamo “a low-level, inconsequential hacker.” This conclusion is critical to his thesis that Lamo and I have something more than a source-journalist relationship. Greenwald’s theory is that Lamo’s hacks were not newsworthy. But, this line of thought goes, in exchange for the chance to break the non-news of his intrusions, I reported them — getting Lamo attention among the readers of SecurityFocus.com.

What he fails to report is that those same breaches were also covered by the Associated Press, Reuters, Wired magazine (well before my tenure at Wired.com), cable news networks, every tech news outlet and several national newspapers, and that Lamo spoke freely to all of them.

Greenwald:

Last night, Wired posted a two-part response to my criticisms of its conduct in reporting on the arrest of PFC Bradley Manning and the key role played in that arrest by Adrian Lamo.  I wrote about this topic twice — first back in June and then again on Monday.  The first part of Wired‘s response was from Wired.com Editor-in-Chief Evan Hansen, and the second is from its Senior Editor Kevin Poulsen.  Both predictably hurl all sorts of invective at me as a means of distracting attention from the central issue, the only issue that matters:  their refusal to release or even comment on what is the central evidence in what is easily one of the most consequential political stories of this year, at least.

That’s how these disputes often work by design:  the party whose conduct is in question (here, Wired) attacks the critic in order to create the impression that it’s all just some sort of screeching personality feud devoid of substance.  That, in turn, causes some bystanders to cheer for whichever side they already like and boo the side they already dislike, as though it’s some sort of entertaining wrestling match, while everyone else dismisses it all as some sort of trivial Internet catfight not worth sorting out.  That, ironically, is what WikiLeaks critics (and The New York Times‘ John Burns) did with the release of the Iraq War documents showing all sorts of atrocities in which the U.S. was complicit:  they tried to put the focus on the personality quirks of Julian Assange to distract attention away from the horrifying substance of those disclosures.  That, manifestly, is the same tactic Wired is using here:  trying to put the focus on me to obscure their own ongoing conduct in concealing the key evidence shining light on these events.

In a separate post, I fully address every accusation Hansen and Poulsen make about me as well as the alleged inaccuracies in what I wrote.  But I’m going to do everything possible here to ensure that the focus remains on what matters:  the way in which Wired, with no justification, continues to conceal this evidence and, worse, refuses even to comment on its content, thus blinding journalists and others trying to find out what really happened here, while enabling gross distortions of the truth by Poulsen’s long-time confidant and source, the government informant Adrian Lamo.

The bottom line from Hansen and Poulsen is that they still refuse to release any further chat excerpts or, more inexcusably, to comment at all on — to verify or deny — Lamo’s public statements about what Manning said to him that do not appear in those excerpts.  They thus continue to conceal from the public 75% of the Manning-Lamo chats.  They refuse to say whether Lamo’s numerous serious accusations about what Manning told him are actually found anywhere in the chat logs.  Nor will they provide the evidence to resolve the glaring inconsistencies in Lamo’s many public tales about the critical issues:  how he came to speak to Manning, what Lamo did to induce these disclosures, and what Manning said about his relationship to WikiLeaks and his own actions.  Every insult Wired spouts about me could be 100% true and none of it changes the core fact:  Wired is hiding the key evidence about what took place here, thus allowing Lamo to spout all sorts of serious claims without any check and thus drive much of the reporting about WikiLeaks.

To defend this concealment, Hansen claims that they “have already published substantial excerpts from the logs.”  But the parts they are concealing are far more substantial:  75% by their own account, and critically, the person who played a key role in hand-picking which parts to publish and which parts to conceal is the person whom BBC News accurately describes as “Mr Lamo’s long-term associate Kevin Poulsen.”  Poulsen claims he “either excerpted, quoted or reported on everything of consequence Manning had to say about his leaking,” but that begs the key question:  is everything — or anything — that Lamo has been claiming about Manning’s statements found in the chat logs or not?  Why won’t Wired answer that question?  Below, I set forth what Lamo has claimed that is not in the chat logs and why it is so vital to know if it’s there.

Hansen’s defense principally relies on a total strawman:  that I’m calling for the full, unedited release of the chat logs.  Hansen insists that Wired cannot do this because of privacy concerns for Manning.  He titles his response “The Case for Privacy,” and claims “that the logs include sensitive personal information with no bearing on Wikileaks.”

But neither I nor anyone else I’ve read has called on Wired to indiscriminately dump the chat logs without any redactions or regard for Manning’s privacy.  Back in June — once Poulsen’s claims that they were withholding only private information and national security secrets was proven false by TheWashington Post‘s subsequent publication of chat excerpts that fell into neither category — this is what I called on Wired to do:

Wired should either publish all of the chat logs, or be far more diligent about withholding only those parts which truly pertain only to Manning’s private and personal matters and/or which would reveal national security secrets. Or they should have a respected third party review the parts they have concealed to determine if there is any justification for that. At least if one believes Lamo’s claims, there are clearly relevant parts of those chats which Wired continues to conceal.

Then, on Sunday, I noted several important events that transpired since I wrote that June article: most prominently the fact that Wired‘s source, Lamo, had spent six months making all sorts of public claims about what Manning told him that are nowhere in the chat excerpts published by Wired. Moreover, the disclosures by WikiLeaks gut Poulsen’s excuse that Wired‘s concealments are necessary to protect national security secrets (an excuse Hansen did not even raise).  As a result of those developments, this is what I wrote on Sunday that Wired should do:

What they ought to do, at the absolute minimum, is post the portions of the chat logs about which Lamo had made public statements or make clear that they do not exist. . . . Poulsen could also provide Lamo — who claims he is no longer in possession of them — with a copy of the chat logs (which Lamo gave him) so that journalists quoting Lamo about Manning’s statements could see the actual evidence rather than relying on Lamo’s claims.

For anyone who wants to defend Wired here, I’d really like to know:  what possible excuse is there for their refusal to do this?  Even if you trust Poulsen — despite his very close and long relationship to Lamo — to conceal some parts of the chats on privacy grounds, what justification is there for Wired‘s refusal to state that either (a) Lamo’s claims about what Manning told him are supported by the chat logs (and then publish those portions), or (b) Lamo’s claims are not found in the chat logs, thus proving that Lamo is either lying or has an unreliable recollection?  While Adrian Lamo runs around spouting all sorts of serious accusations about what Manning supposedly told him that are not found in Wired‘s excerpts — claims which end up in the world’s largest news outlets — and while he issues one contradictory claim after the next about these events, how can anyone claiming to be a journalist not inform the public about whether those stories are true?  For Wired defenders: what justifies that obfuscatory behavior, that refusal to say whether Lamo’s claims are true or false based on the chat logs?

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Blake Hounshell at Foreign Policy:

I love a good blog fight as much as anyone, but after reading several thousand words of accusations and counter accusations being slung between Salon blogger Glenn Greenwald and Wired‘s Evan Hansen and Kevin Poulsen, I’m left scratching my head trying to figure out what, exactly, this particular dispute is all about.

For those of you who haven’t been paying attention, first of all: congratulations. Second, here’s a quick synopsis: On June 6, Poulsen and his colleague Kim Zetter broke the sensational story that a young Army intelligence officer, Bradley Manning, had been arrested for disclosing classified information to WikiLeaks, including a video showing a U.S. helicopter gunship killing three civilians in Iraq and more than 250,000 State Department cables. Wired‘s main source was Adrian Lamo, a former hacker who says he turned Manning in to U.S. authorities after the latter confessed to the deed in a Web chat. As Lamo explained his motivation: “I wouldn’t have done this if lives weren’t in danger.”

Four days later, Poulsen and Zetter published a new article on Manning, as well as an incomplete transcript of Lamo and Manning’s chats, which had begun on May 21 and continued for a few days. “The excerpts represent about 25 percent of the logs,” they wrote. “Portions of the chats that discuss deeply personal information about Manning or that reveal apparently sensitive military information are not included.”

That same day, the Washington Post published its own article on Manning’s arrest, quoting from the logs, which the paper said it had received from Lamo. Some of the quotes do not appear in Wired‘s excerpts. Wired also continued to follow the story.

On June 18, Greenwald wrote a long blog post raising questions about Poulsen’s scoop and about Lamo. He said he found the story “quite strange,” called Lamo an “extremely untrustworthy source,” and accused Poulsen of being “only marginally transparent about what actually happened here.”

What was curious about Greenwald’s post was that he didn’t challenge any specific facts in Wired‘s reporting; he just pointed to what he saw as inconsistencies in the story, as well as Lamo’s account, and condemned the ex-hacker’s actions as “despicable.” He didn’t suggest outright that Manning had not actually confessed to Lamo. He didn’t try to argue that Manning hadn’t broken the law. He didn’t say the log excerpts were fabricated. He did, however, complain that Lamo had told him about conversations with Manning that were not in the chat-log excerpts published by Wired, and called on the magazine to release them. Poulsen said he wouldn’t be doing so, telling Greenwald: “The remainder is either Manning discussing personal matters that aren’t clearly related to his arrest, or apparently sensitive government information that I’m not throwing up without vetting first.”

Still with me?

Then, on Monday, several weeks after the cables had begun trickling out, Greenwald again returned to the issue. In a torqued-up post titled “The worsening journalistic disgrace at Wired,” he excoriated the magazine and Poulsen for refusing to release the full logs, calling Poulsen’s behavior “odious” and “concealment” of “key evidence.” Greenwald appears to have been motivated to weigh in anew by Firedoglake — a left-leaning website whose members had been obsessively trolling the Web for stories about Lamo and Manning, and even pulled together a handy, color-coded expanded transcript from the logs — as well as by a flawedNew York Timesarticle reporting that the Justice Department was trying to build a conspiracy case against WikiLeaks frontman Julian Assange. Presumably, the logs would be an important part of the prosecution’s argument.

Wired responded to Greenwald Tuesday night with twin posts by Hansen, the magazine’s editor in chief, and Poulsen. Greenwald fired back with two angry posts of his own today (1, 2). Long story short: Wired reiterated its refusal to release the logs (Poulsen: “[T]hose first stories in June either excerpted, quoted or reported on everything of consequence Manning had to say about his leaking”), Greenwald rejected that explanation, and both sides traded some nasty barbs about each other and made competing claims about the nature of Poulsen’s relationship with Lamo.

What still remains a mystery to me is what, exactly, Greenwald thinks is being covered up here. What is he accusing Wired of doing, and why? Does he think that the full transcript of the logs would somehow exonerate Manning, or prove Lamo a liar? And if he catches Lamo telling a journalist something that wasn’t in the logs, what then?

Greg Mitchell at The Nation:

8:20 For a good running twitter debate on Greenwald vs. Wired (see below), check out @felixsalmon and @penenberg.   And Jeff Jarvis tweets:  “Now I need a journalist (& FDL) to cut through personal, professional invective among @ evanatwired, @ kpoulson, @ ggreenwald to answer Qs.”

Karl at Patterico’s:

More to the point, Wired gets even in a two-part article by EIC Evan Hansen and Senior Editor Kevin Poulsen.  The latter writes:

On Monday, Salon.com columnist Glenn Greenwald unleashed a stunning attack on this publication, and me in particular, over our groundbreaking coverage of WikiLeaks and the ongoing prosecution of the man suspected of being the organization’s most important source. Greenwald’s piece is a breathtaking mix of sophistry, hypocrisy and journalistic laziness.

That’s the tip of an iceberg that includes an undisclosed conflict of interest and more than one major factual error.  But is it breathtaking?  Perhaps the folks at Wired never noticed until now that inaccuracy, sophistryhypocrisy, free-floating rage and undisclosed conflicts are Greenwald features, not bugs.

Significantly, Hansen and Poulsen include Salon in their critique.  Granted, if Salon was serious about maintaining some minimum level of integrity, they wouldn’t have brought Greenwald on board in February 2007, as he had already been exposed as a egomaniacal sock-puppeteer.  It is nevertheless a timely reminder of that lack of standards on the part of both Greenwald and Salon.

Jane Hamsher at Firedoglake:

Over the past few days, FDL readers have worked hard to transcribe every available recorded interview with Adrian Lamo, and their work has made manifestly clear that Lamo consistently makes contradictory claims for what appears in the chat logs. Further, Lamo has made statements that contradict Wired’s own reporting on the matter.

I’m proud of the citizen journalism here at FDL that was used by Glenn Greenwald to meticulously document many of the inconsistencies in the Wired narrative, and which will no doubt continue to be used as the Lamo-Manning story evolves over time.  I hope at the very least it has put an end to outlets like the New York Times using Lamo as a source for front page stories without going back and looking at what Lamo has said (or hasn’t said) in the past, because there is no excuse now.

Here are the chat logs, here are the previous Lamo interviews, and here is a timeline of events.  Any journalist writing on the subject can easily make themselves familiar with the history of what has been said and written, and they should be responsible for making sure that anything they produce is contextualized within that.

I’m not sure why Hansen thinks transcribing interviews and logging articles qualifies as “discrediting Lamo.”  Lamo’s own words and actions are responsible for any indictment being made in the press, and Wired’s decision to sit on the chat logs makes them an active participant in whatever claims Lamo makes about their contents.

If Hansen doesn’t think the credibility of the key source for Wired’s reporting on this story can hold up when simply compared to his own words, I’d say they’ve got bigger problems than Glenn Greenwald.

John Cole:

What is particularly odd is that this is an online journal that should know better about this sort of thing- the logs will eventually come out. Maybe some of you were right about Wired, that it is basically People magazine for the online set, and I should find better sources in the future. At any rate, all we can do for now is keep the pressure up and refuse to visit Wired or any affiliates until they come clean. Hit em in the statcounter, I guess.

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Filed under New Media, Technology

Today, We Get Info Without Julian Assange

Dana Priest and William M. Arkin at WaPo

Nine years after the terrorist attacks of 2001, the United States is assembling a vast domestic intelligence apparatus to collect information about Americans, using the FBI, local police, state homeland security offices and military criminal investigators.

The system, by far the largest and most technologically sophisticated in the nation’s history, collects, stores and analyzes information about thousands of U.S. citizens and residents, many of whom have not been accused of any wrongdoing.

The government’s goal is to have every state and local law enforcement agency in the country feed information to Washington to buttress the work of the FBI, which is in charge of terrorism investigations in the United States.

Other democracies – Britain and Israel, to name two – are well acquainted with such domestic security measures. But for the United States, the sum of these new activities represents a new level of governmental scrutiny.

This localized intelligence apparatus is part of a larger Top Secret America created since the attacks. In July, The Washington Post described an alternative geography of the United States, one that has grown so large, unwieldy and secretive that no one knows how much money it costs, how many people it employs or how many programs exist within it.

Today’s story, along with related material on The Post’s Web site, examines how Top Secret America plays out at the local level. It describes a web of 4,058 federal, state and local organizations, each with its own counterterrorism responsibilities and jurisdictions. At least 935 of these organizations have been created since the 2001 attacks or became involved in counterterrorism for the first time after 9/11.

(Search our database for your state to find a detailed profile of counterterrorism efforts in your community.)

Glenn Greenwald:

In The Washington Post today, Dana Priest and William Arkin continue their “Top Secret America” series by describing how America’s vast and growing Surveillance State now encompasses state and local law enforcement agencies, collecting and storing always-growing amounts of information about even the most innocuous activities undertaken by citizens suspected of no wrongdoing.  As was true of the first several installments of their “Top Secret America,” there aren’t any particularly new revelations for those paying attention to such matters, but the picture it paints — and the fact that it is presented in an establishment organ such as The Washington Post — is nonetheless valuable.

Today, the Post reporters document how surveillance and enforcement methods pioneered in America’s foreign wars and occupations are being rapidly imported into domestic surveillance (wireless fingerprint scanners, military-grade infrared cameras, biometric face scanners, drones on the border).  In sum:

The special operations units deployed overseas to kill the al-Qaeda leadership drove technological advances that are now expanding in use across the United States. On the front lines, those advances allowed the rapid fusing of biometric identification, captured computer records and cellphone numbers so troops could launch the next surprise raid. Here at home, it’s the DHS that is enamored with collecting photos, video images and other personal information about U.S. residents in the hopes of teasing out terrorists.

Meanwhile, the Obama Department of Homeland Security has rapidly expanded the scope and invasiveness of domestic surveillance programs — justified, needless to say, in the name of Terrorism:

[DHS Secretary Janet] Napolitano has taken her “See Something, Say Something” campaign far beyond the traffic signs that ask drivers coming into the nation’s capital for “Terror Tips” and to “Report Suspicious Activity.”

She recently enlisted the help of Wal-Mart, Amtrak, major sports leagues, hotel chains and metro riders. In her speeches, she compares the undertaking to the Cold War fight against communists.

“This represents a shift for our country,” she told New York City police officers and firefighters on the eve of the 9/11 anniversary this fall. “In a sense, this harkens back to when we drew on the tradition of civil defense and preparedness that predated today’s concerns.”

The results are predictable.  Huge amounts of post/9-11 anti-Terrorism money flooded state and local agencies that confront virtually no Terrorism threats, and they thus use these funds to purchase technologies — bought from the private-sector industry that controls and operates government surveillance programs — for vastly increased monitoring and file-keeping on ordinary citizens suspected of no wrongdoing.  The always-increasing cooperation between federal, state and local agencies — and among and within federal agencies — has spawned massive data bases of information containing the activities of millions of American citizens.  “There are 96 million sets of fingerprints” in the FBI’s data base, the Post reports.  Moreover, the FBI uses its “suspicious activities record” program (SAR) to collect and store endless amounts of information about innocent Americans:

At the same time that the FBI is expanding its West Virginia database, it is building a vast repository controlled by people who work in a top-secret vault on the fourth floor of the J. Edgar Hoover FBI Building in Washington. This one stores the profiles of tens of thousands of Americans and legal residents who are not accused of any crime. What they have done is appear to be acting suspiciously to a town sheriff, a traffic cop or even a neighbor.

To get a sense for what kind of information ends up being stored — based on the most innocuous conduct — read this page from their article describing Suspicious Activity Report No3821.  Even the FBI admits the huge waste all of this is — “‘Ninety-nine percent doesn’t pan out or lead to anything’ said Richard Lambert Jr., the special agent in charge of the FBI’s Knoxville office” — but, as history conclusively proves, data collected on citizens will be put to some use even if it reveals no criminality.

Ed Morrissey:

Again, none of this is particularly surprising.  Battlefield technologies almost always “migrate” to use at home, depending on its application and the cost.  The city of LA had halftracks used in combating drug trafficking more than two decades ago, for one example, parodied in the movie Die Hard.  The FBI collects data from many people and always has, which is one of the reasons why releasing the raw FBI files on political figures to the Clinton White House was such an egregious act.  What they do with the data is, of course, the greater consideration.  Picking the wrong imams isn’t just limited to “some law enforcement agencies,” as the Pentagon’s relationship with Anwar al-Awlaki demonstrated.  The problem of government agencies acting with less than optimal efficiency at working across boundaries is hardly new, either.

It’s still valuable to have journalists dig into these problems on a regular basis so that we can demand better performance from security groups and Congress, rather than just shrug at inefficiency, waste, and abuses of power.  But Liz Goodwin’s “5 most surprising revelations” from the WaPo entry today at Yahoo read as though Goodwin has never before reviewed governmental performance:

  1. The FBI has 161,948 suspicious activity files on “tens of thousands” of Americans – The FBI set up hotlines and websites for tips on terrorism immediately after 9/11.  Each tip presumably opens up a file.  In nine years, the effort has produced less than 20,000 tips per year and (assuming the maximum range of tens of thousands) about 10,000 suspects a year.  That doesn’t seem very surprising to me.  That they haven’t arrested anywhere near that many people is a function of what an investigation produces.  Maintaining files on dead probes doesn’t mean anything, unless they get leaked.
  2. DHS has no idea how much it’s spending on liaison efforts to local agencies – I’d guess that many agencies don’t really know how much they spend on any one aspect of their operations.  DHS is a huge federal agency, employing 216,000 people with an overall budget of about $52 billion with varied and overlapping jurisdictions.
  3. Local officials in these “fusion centers” get little or no training – Surprise!  Government bureaucracies are notoriously inefficient.  That’s why it’s a good idea to limit them to tasks that only government can and should do — although it’s worth pointing out that this happens to be one of those tasks.
  4. Local agencies are “left without guidance” from DHS – This is really the same thing as #3, isn’t it, or at least the same root problem?   She points out that among those groups suspected of potential terrorist activity by state and local authorities were Tea Party activists, historically black colleges, and a group that campaigned for human rights and bike lanes.  Again, that might have been based on tips received and followed up by the agencies, but also again, it’s part of a lack of competence and accountability endemic in bureaucracies.
  5. State and local agencies are taking counterterrorist funding and using it to support regular law-enforcement efforts instead – Who couldn’t have seen that coming?  These funds are usually given in bloc grants, which means the recipient can use the money for whatever purpose they desire.  All they need is a tenuous link to the original purpose of the funds to make it pass muster, and it’s certainly arguable that by enforcing the state and local law more vigorously, local law enforcement might be able to flush out terrorists.  However, this is a problem because it makes local law enforcement dependent on federal funding, which is a bad idea in principle.  Communities should pay for their own law enforcement needs and let the feds concentrate on actual federal crimes.

These aren’t surprises at all.  They are, however, issues that need to be corrected — and it appears that the first item on correction should be a rethink of DHS and its top-heavy bureaucracy.

Spencer Ackerman at Danger Room at Wired:

Military technology has a tendency to trickle down to civilian applications, as evidenced by the fact that you’re reading this story on the internet that Darpa helped create. Usually that takes time, but police departments across the country are fielding tools that the military developed to keep tabs on insurgents are now in place to see if you’ve got any outstanding arrest warrants. That’s what the Washington Post found for the latest installment of its series on the expanding surveillance state: Arizona’s Maricopa County, for instance, keeps a database sized at “9,000 biometric digital mug shots a month.”

Here’s how the proliferation of biometrics works, as the Post discovers. The Department of Homeland Security wants more data points on potential homegrown terrorists. Through Federal-state law enforcement “fusion centers,” federal grants help finance law enforcement’s acquisition of ID tools like HIIDE, as well as powerful surveillance cameras and sensors. Police incorporate them into their regular law-enforcement duties, picking up information on suspects and using them to cut down on the time it takes to figure out who’s evading arrest.

As the military learned, positive identification depends on having a large data set of known insurgents. Cops and the feds are going just as broad. Fingerprint information from crime records gets sent to a  FBI datafarm in West Virginia, where they “mingle” with prints from detainees in Iraq, Afghanistan and elsewhere. Military and Homeland Security officials can search through the FBI database for possible connections to terrorists.

It’s unclear if there are minimization procedures in place to void someone’s fingerprints in the datafarm after a distinct period of time, or how serious a crime has to be to merit a bioscan getting sent to West Virginia. And in many cases, the technology at use here just accelerates the speed at which, say, prints from a police station get sent to the FBI, rather than making the difference between inclusion at the datafarm and remaining at the police station. But it certainly looks like there’s not such a lag time between tech developed for a complex insurgency finding applications for crime-fighting at home.

Instapundit:

Luckily, this stuff is only creepy when there’s a Republican President. Otherwise I’d be worried. But as we all know, to worry about this when there’s a Democrat in the White House is merely a sign of the “paranoid strain” in American politics.

Emptywheel at Firedoglake

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Filed under GWOT, Surveillance

Break Out The Still, Hawkeye, It Looks Like You Have To Go Back, Part II

Craig Hooper and Christopher R. Albon at The Atlantic:

As the Korean peninsula enters what U.S. Secretary of Defense Robert Gates calls “a difficult and potentially dangerous time,” the long-dormant Korean conflict is rumbling back into the public consciousness. Government officials from the U.S., South Korea, Japan, the Philippines, and other states throughout the region are planning for the worst-case scenario: renewed war, perhaps nuclear, and a massive exodus from South Korea. If tensions continue to escalate, hundreds of thousands of foreign civilians living in South Korea will flee, sparking one the biggest mass-evacuations since the British and French pulled 338,000 troops out of Dunkirk in 1940.

Even under the best conditions, a mass evacuation is no easy task. In July 2006, as a battle brewed between Israel and Lebanon-based Hezbollah militants, the U.S. took nearly a month to evacuate 15,000 Americans. According to the Government Accountability Office, “nearly every aspect of State’s preparations for evacuation was overwhelmed”, by the challenge of running an evacuation under low-threat conditions in a balmy Mediterranean summer.

Evacuating a Korean war-zone would be far harder. And the U.S. would likely have no choice but to ask China for help.

If North Korea launches another artillery strike against South Korea–or simply hurls itself at the 38th parallel–the resulting confrontation could trigger one of the largest population movements in human history. According to one account, 140,000 U.S. government noncombatants and American citizens would look to the U.S. government for a way out. And that’s just the Americans. Hundreds of thousands of South Korean citizens and other foreign nationals would be clamoring for any way off of the wintery, dangerous peninsula.

In the absolute worst case, tens of millions of South Koreans and hundreds of thousands of foreigners, some wounded, some suffering from chemical, biological or even radiological hazards, will flee in the only direction available to them: south. The country’s transportation system would be in nationwide gridlock as panicked civilians avail themselves of any accessible means of travel. In this desperation and chaos, the U.S. military has the unenviable mission of supporting and evacuating U.S. citizens, all while waging a fierce battle along the DMZ.

Jacob Heilbrunn at The National Interest:

South Korea has started to defend itself again against the North. It’s about time. For too long South Korea has been lax about the threat it faces.

It’s refusal to back down in the face of the North’s bluster about a calamitous attack should it proceed with a military drill on Yeonpyeong island, part of an area that the North claims as its sphere, was a promising sign. South Korean president Lee Myung-bak entered office with the claim that he would toughen up policy towards the North. He didn’t. The result was that the North kept hitting the South with impunity, whether it was attacking the South’s sea vessels or the island. Further tests are surely in the offing.

The North, however, is dependent on China and may not be as mercurial as it’s often depicted. The blunt fact is that it backed down from its dire threats against the South. The military drill went as it was supposed to. The North’s bluff was called.

Maybe former New Mexico Gov. Bill Richardson had a hand as well in getting the North to stay its itchy trigger finger. Richardson, a maverick operator if there ever was one, likes to hold powwows with the world’s dictators, a trait he shares with former president Jimmy Carter. But Richardson often seems to get results, in contrast to Carter. Richardson is asserting that the North is offering some concessions on its nuclear program.

Spencer Ackerman at Danger Room at Wired:

Overblown threats and North Korea go together like Kim Jong-il and Japanese pornography. But if South Korea goes forward with a live-fire drilling exercise — something that could happen as early as today — Pyongyang is threatening to reignite war on the Korean peninsula. Only it doesn’t look like it’s actually mobilizing for a sustained attack.

All eyes return to Yeonpyeong island, a South Korean island just south of the maritime armistice line that the North attacked in November. A few miles from the west coast of the Korean Peninsula in the Yellow Sea, it’s where South Korea’s military insists it’ll shoot off its K-9 howitzers, 81-mm mortars and 105-mm and Vulcan Gatling artillery guns. The target is an area southwest of the island — that is, away from North Korea. A contingent of about 20 U.S. troops will be on-site, ostensibly to provide medical backup, intel and communications support.

Their real presence probably has more to do with dissuading North Korea from attacking the South in response. Its official news agency put out a statement from military leaders that it will launch an “unpredictable self-defensive blow” if the drill proceeds. North Korea shelled the island last month after a previous exercise, killing two South Korean marines and another two civilians. This time, Pyongyang vows, its response will be “deadlier… in terms of the powerfulness and sphere of the strike.”

Civilians fled Yeonpyeong on Sunday. But North Korea didn’t look like it was preparing to back up the retaliation talk. The Wall Street Journal reports that military surveillance of the North showed “no signs of unusual troop movement or war preparations,” and the bellicose rhetoric didn’t come from Kim’s offices directly. Reuters reports that North Korean artillery units are on elevated alert, but that appears to be the extent of any buildup.

Sharon LaFraniere and Martin Fackler at NYT:

An ominous showdown between North and South Korea was forestalled Monday after the North withheld military retaliation for South Korea’s live-fire artillery drills on an island that the North shelled last month after similar drills.

The North claims the island and its surrounding waters and had threatened “brutal consequences beyond imagination” if the drills went forward. But the North’s official news agency issued a statement Monday night saying it was “not worth reacting” to the exercise, and a statement from the North’s military said, “The world should properly know who is the true champion of peace and who is the real provocateur of a war.”

The apparent pullback created a palpable feeling of relief in South Korea, where many people had been bracing for a showdown.

Daniel Drezner:

So now North Korea also wants to restart the Six-Party Talks? What just happened? As always, trying to explain North Korean behavior is a challenging task. Here are some possible explanations:

1) North Korea finally got caught bluffing. True, they have the least to lose from the ratcheting up of tensions, but that doesn’t mean they have nothing to lose from a military escalation with the ROK. The past month of tensions got everyone’s attention, and North Korea is only happy when everyone else is paying attention to them.

2) Kim Jong Un was busy. One of the stronger explanations for the DPRK’s last round of provocations was that this was an attempt to bolster Kim the Younger’s military bona fides before the transition. Reading up on what little is out there, it wouldn’t shock me if he planned all of this and then postponed any retaliation because he’d organized a Wii Bowling tournament among his entourage.

Somewhat more seriously, it’s possible that there are domestic divisions between the military, the Foreign Ministry, and the Workers Party, and that the latter two groups vetoed further escalation.

3) China put the screws on North Korea. For all the talk about juche, North Korea needs external aid to function, and over the past year all the aid lifelines have started to dry up — except for Beijing. As much as the North Koreans might resent this relationship — and they do — if Beijing leaned hard on Pyongyang,

4) North Korea gave the ROK government the domestic victory it needed. Bear with me for a second. The shelling incident has resulted in a sea change in South Korean public opinion, to the point where Lee Myung-bak was catching hell for not responding more aggressively to the initial provocation. This is a complete 180 from how the ROK public reacted to the Cheonan incident, in which Lee caught hell for responding too aggressively.

Lee clearly felt domestic pressure to do something. Maybe, just maybe, the North Korean leadership realized this fact, and believed that not acting now would give Lee the domestic victory he needed to walk back his own brinksmanship.

5) Overnight, the DPRK military hired the New York Giants coaching staff to contain South Korean provocations. Let’s see… a dazzling series of perceived propaganda victories, followed by the pervasive sense that they held all the cards in this latest contretemps. Then an inexplicable decision not to do anything aggressive at the last minute, after which containment policies fail miserably. Hmmm… you have to admit, this MO sounds awfully familiar.

If I had to make a semi-informed guess — and it’s just that – I’d wager a combination of (1) and (4).

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Filed under Foreign Affairs, Global Hot Spots

Mele WikiLeakmaka Is The Thing To Say

David Rothkopf at Foreign Policy:

The subtitle of this blog has been “How the World is Really Run” since the day it was launched, an editor’s play on the title of a book I wrote. But I am today inclined to lend that subtitle out to the publishers of the most recent tidal wave of information from WikiLeaks. Because the 250,000 State Department cables contained in the release offer up no single revelation as striking as the overall message they contain: The dark shadowy world of diplomacy and international intrigue is working just about precisely as you suspect it is.

Jeffrey Goldberg:

Quote of the year: “Ahmadinejad is Hitler.” This from Abu Dhabi Crown Prince Muhammad bin Zayed in July 2009. And then there is this very astute comment from the Crown Prince: “‘Any culture that is patient and focused enough to spend years working on a single carpet is capable of waiting years and even decades to achieve even greater goals.’ His greatest worry, he said, ‘is not how much we know about Iran, but how much we don’t.'” Some of you recall the international kerfuffle that erupted when the U.A.E.’s ambassador to the United States told me at the Aspen Ideas Festival that a military strike on Iran may become a necessity. It turns out he was understating the fear and urgency felt by his government, and other Gulf governments.

3. Since we all know that only Israelis and their neocon supporters in America seek a military attack on Iran’s nuclear program, Bahrain must be under the control of neocons: “There was little surprising in Mr. Barak’s implicit threat that Israel might attack Iran’s nuclear facilities. As a pressure tactic, Israeli officials have been setting such deadlines, and extending them, for years. But six months later it was an Arab leader, the king of Bahrain, who provides the base for the American Fifth Fleet, telling the Americans that the Iranian nuclear program ‘must be stopped,’ according to another cable. ‘The danger of letting it go on is greater than the danger of stopping it,'” he said.

The Saudis, too, are neocons, apparently: The Bahraini king’s “plea was shared by many of America’s Arab allies, including the powerful King Abdullah of Saudi Arabia, who according to another cable repeatedly implored Washington to ‘cut off the head of the snake’ while there was still time.”

4. How does Robert Gates know this? In a conversation with the then-French defense minister about the possibility of an Israeli strike on Iran, the defense secretary “added a stark assessment: any strike ‘would only delay Iranian plans by one to three years, while unifying the Iranian people to be forever embittered against the attacker.'” I am not suggesting that I know this is untrue; I’m just puzzled at how someone could reach this conclusion so definitively.

Spencer Ackerman at Danger Room at Wired:

Foreign potentates and diplomats beware: the U.S. wants your DNA.

If that chief of mission seemed a bit too friendly at the last embassy party, it might be because the State Department recently instructed U.S. diplomats to collect biometric identification on their foreign interlocutors. The search for the most personal information of all is contained in WikiLeaks’ latest publication of tens of thousands of sensitive diplomatic cables.

A missive from the Secretary of State’s office in April 2009 asked diplomats in Africa to step up their assistance to U.S. intelligence. Not only should diplomats in Burundi, Rwanda and Congo collect basic biographical information on the people they talk to — a routine diplomatic function — but they should also gather “fingerprints, facial images, DNA, and iris scans.”

There’s no guidance listed on how exactly diplomats are supposed to collect the unique identifiers of “key civilian and military officials.” In recent years, the U.S. military in Iraq and Afghanistan has built storehouses of biometric data to understand who’s an insurgent and who isn’t, all using small, portable eye and thumb scanners. But the State Department’s foray into bio-info collection hasn’t previously been disclosed.

Peter Beinart at The Daily Beast:

The hype-to-payoff ratio approximated Geraldo’s opening of Al Capone’s vaults. “Leaked Cables Uncloak U.S. Diplomacy,” hollered the headline on NYTimes.com. The latest WikiLeaks document dump, instructed the grey lady, offers an “extraordinary look at” American foreign policy that “is sending shudders through the diplomatic establishment, and could strain relations with some countries, influencing international affairs in ways that are impossible to predict.”

Then the Times began summarizing the documents, and the banalities began. Bullet Point 1: The U.S. is worried about loose nuclear materials in Pakistan but can’t do much about it. Bullet Point 2: American leaders are “thinking about an eventual collapse of North Korea” and hoping China will accept a reunified peninsula. Bullet Point 3: Washington is “bargaining [with various allies] to empty the Guantanamo prison.” Bullet Point 4: There are “suspicions of corruption in the Afghan government.” Bullet Point 5: The Chinese regime hacks into foreign computers. Bullet Point 6: Rich Saudis still fund al Qaeda. Bullet Point 7: Italian Prime Minister Silvio Berlusconi and Russian Prime Minister Vladimir Putin are tight. Bullet Point 8: Syria arms Hezbollah, but lies about it. Bullet Point 9: The U.S. tried to get Germany not to prosecute CIA agents accused of kidnapping. Bullet Point 10: Ireland is having financial trouble. (OK, I made that one up).

But maybe this isn’t fair. Maybe the cables, while mundane when taken in isolation, combine to provide a fascinating synthesis of America’s position in the world. Or maybe not. Overall, explained the Times, “The cables show that nearly a decade after the attacks of Sept. 11, 2001, the dark shadow of terrorism still dominates the United States’ relations with the world…They depict the Obama administration struggling to sort out which Pakistanis are trustworthy partners against Al Qaeda…They show American officials managing relations with a China on the rise and a Russia retreating from democracy. They document years of painstaking effort to prevent Iran from building a nuclear weapon—and of worry about a possible Israeli strike on Iran with the same goal.” Valuable insights—if you’ve been living under a rock all century.

Matt Steinglass at DiA at The Economist:

WikiLeaks’s release of the  “Collateral Murder” video last April was a pretty scrupulous affair: an objective record of combat activity which American armed forces had refused to release, with careful backing research on what the video showed. What we got was a window into combat reality, through the sights of a helicopter gunship. You could develop different interpretations of that video depending on your understanding of its context, but it was something important that had actually taken place.

Diplomatic cables are something entirely different. It’s part of the nature of human communication that one doesn’t always say the same thing to every audience. There are perfectly good reasons why you don’t always tell the same story to your boss as you do to your spouse. There are things Washington needs to tell Riyadh to explain what it’s just told Jerusalem and things Washington needs to tell Jerusalem to explain what it’s just told Riyadh, and these cables shouldn’t be crossed. There’s nothing wrong with this. It’s inevitable. And it wouldn’t make the world a better place if Washington were unable to say anything to Jerusalem without its being heard by Riyadh, any more than it would if you were unable to tell your spouse anything without its being heard by your boss.

At this point, what WikiLeaks is doing seems like tattling: telling Sally what Billy said to Jane. It’s sometimes possible that Sally really ought to know what Billy said to Jane, if Billy were engaged in some morally culpable deception. But in general, we frown on gossips. If there’s something particularly damning in the diplomatic cables WikiLeaks has gotten a hold of, the organisation should bring together a board of experienced people with different perspectives to review the merits of releasing that particular cable. But simply grabbing as many diplomatic cables as you can get your hands on and making them public is not a socially worthy activity.

Conn Carroll at Heritage:

There is nothing positive that can be said about the release of more than a quarter-million confidential American diplomatic cables by the rogue hacker organization WikiLeaks. WikiLeaks has recklessly and inexcusably put lives at risk. Any U.S. person who cooperated with WikiLeaks has committed a crime and should be prosecuted to the maximum extent of the law.

That said, WikiLeaks is not the end of the world. The fundamentals of U.S. relationships with other nations remain unchanged. Leaks are not going to stop nations from cooperating with the U.S., or for that matter sharing secrets with us. Nations cooperate with the U.S. because it is in their interest to do so. And no leak will stop nations from acting in their self-interest.

But what is in our best interest? This has not been a good month for the Obama Doctrine: The President came home empty-handed from Asia, North Korea fired artillery at South Korea just days after revealing nuclear facilities no one knew they had, and Obama failed to get the G-20 to take any action limiting trade imbalances. It was not supposed to be this way. After apologizing for all of our nation’s sins, the world was supposed to swoon at President Obama’s unparalleled charisma. As American military power withered away, President Obama would use soft power and the United Nations to manage world affairs. But like Woodrow Wilson and Jimmy Carter before him, this progressive foreign policy vision has failed.

Moe Lane:

Accused rapist Julian Assange* continued to justify the upcoming backlash against transparency this weekend by promising to illegally release more classified government documents on the notorious site Wikileaks. These documents in particular are apparently State Department diplomatic cables: up until, oh, today, those documents were typically much more blunt and ambiguity-free than the standard State Department bumpf, mostly because nobody out there considered that anyone would be insane enough to release them even if they had access. This will likely change – quickly – now that the diplomatic corps knows that its private communications are insecure; in other words, from now on the folks in the striped-pants brigade are going to be as mealy-mouthed in private as they are in public. As Allahpundit noted above, the Left should keep this in mind when trying in the future to boost State at Defense’s expense: Assange just made that harder for you.

And I will also note that, while I will happily ding President Obama for both his wrong actions and for not living up to his own side’s previously-established standards of behavior, this line of attack by Wikileaks is made up of pure garbage designed to weaken both my country and my government. The President needs his ambassadors to know what he wants; they need to be able to tell him what he can get. So it’s stupid to not be blunt and forthright in private about matters that require a softer public touch. It’s even more stupid for Wikileaks to keep publicly attacking the USA like this.

Because when the backlash comes, it’s going to splatter.

Steve Benen:

I would, however, like to know more about the motivations of the leaker (or leakers). Revealing secrets about crimes, abuses, and corruption obviously serves a larger good — it shines a light on wrongdoing, leading (hopefully) to accountability, while creating an incentive for officials to play by the rules. Leaking diplomatic cables, however, is harder to understand — the point seems to be to undermine American foreign policy, just for the sake of undermining American foreign policy. The role of whistleblowers has real value; dumping raw, secret diplomatic correspondence appears to be an exercise in pettiness and spite.

I’ve seen some suggestions that diplomats shouldn’t write cables that they’d be embarrassed by later if they were made publicly. I find that unpersuasive. I’m not going to pretend to be an expert in the nuances of on-the-ground international affairs, but I am comfortable with the notion of some diplomatic efforts being kept secret. Quiet negotiations between countries can lead, and have led, to worthwhile foreign policy agreements, advancing noble causes.

If the argument from the leakers is that there should be no such thing as private diplomacy, they’ll need a better excuse to justify this kind of recklessness.

Scott Johnson at Powerline:

The New York Times is participating in the dissemination of the stolen State Department cables that have been made available to it in one way or another via WikiLeaks. My friend Steve Hayward recalls that only last year the New York Times ostentatiously declined to publish or post any of the Climategate emails because they had been illegally obtained. Surely readers will recall Times reporter Andrew Revkin’s inspiring statement of principle: “The documents appear to have been acquired illegally and contain all manner of private information and statements that were never intended for the public eye, so they won’t be posted here.”

Interested readers may want to compare and contrast Revkin’s statement of principle with the editorial note posted by the Times on the WikiLeaks documents this afternoon. Today the Times cites the availability of the documents elsewhere and the pubic interest in their revelations as supporting their publication by the Times. Both factors applied in roughly equal measure to the Climategate emails.

Without belaboring the point, let us note simply that the two statements are logically irreconcilable. Perhaps something other than principle and logic were at work then, or are at work now. Given the Times’s outrageous behavior during the Bush administration, the same observation applies to the Times’s protestations of good faith.

Amanda Carey at The Daily Caller:

Former Alaska Governor Sarah Palin took to her favorite mode of communication Monday – Facebook – and harshly criticized the Obama administration’s response to the latest WikiLeaks release.

In a post titled “Serious Questions about the Obama Administration’s Incompetence in the Wikileaks Fiasco,” Palin wrote that the most recent WikiLeaks disclosure of previously classified documents raises serious concerns about the administration’s “incompetent handling of this whole fiasco.”

Palin went on to ask what steps have been taken since the first WikiLeaks release to stop the organization’s director, Julian Assange, from distributing even more harmful material. Palin barely paused long enough for any one of her fans to shout a loud “none!” at their computer screens before going on to classify Assange as an “anti-American operative with blood on his hands”.

“Assange is not a ‘journalist,’ any more than the ‘editor’ of al Qaeda’s new English-language magazine Inspire is a ‘journalist,’” wrote Palin. “His past posting of classified documents revealed the identity of more than 100 Afghan sources to the Taliban. Why was he not pursued with the same urgency we pursue al Qaeda and Taliban leaders?”

Megan Carpentier at TPM

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Filed under Foreign Affairs, Middle East, New Media

There Are No Happy Endings On Craigslist

David Murphy at PC World:

Craigslist was expected to have earned an estimated $36 million from advertising associated with its Adult Services section in 2010—at least, that was the case when we first reported the projections from Advanced Interactive Media in late April of this year.

You can now expect that number to drop significantly, as Craigslist has removed its Adult Services section for U.S. visitors. The move surely comes as a relief to the various entities that have been petitioning for Craigslist to shut down the section—including human rights groups and more than 17 attorneys general from states across the nation.

There’s no indication that Craigslist has removed its Adult Services section for good, however. Although links to the site are now eliminated when accessing the main Craigslist page from an IP addressed based in the United States, one can still pull up the page from other countries. There’s been no comment from any Craigslist spokespeople whatsoever—officially or otherwise—related to the matter.

Chris Matyszczyk at Cnet:

The section was originally entitled Erotic Services. Its name was changed to reflect a new discipline, as, under pressure from attorneys general, Craigslist declared it would manually screen every ad in its newly named Adult Services section.

It is arguable whether the content of this new section truly changed. Some would say it was adult business as usual.

(Credit: Screenshot: Chris Matyszczyk/CNET)

Recently, Craigslist founder Craig Newmark gave a troubling if spontaneous interview to CNN, in which he seemed unable to answer questions about whether the site was facilitating child prostitution. Then, instead of answering the specific charges, Craigslist CEO Jim Buckmaster took to the company’s blog to assail the CNN reporter’s methods.

Evan Hansen at Wired:

Craigslist has made numerous changes to its sex listings over the years to accommodate critics, changing its sex listings label from “erotic services” to “adult services,” imposing rules about the types of ads that can appear, and manually filtering ads using attorneys. But it has also fiercely defended its overall practices as ethical, and criticized censorship as a useless and hypocritical dodge.

When Craigslist was hit with a lawsuit by South Carolina Attorney General Henry McMaster in 2009, it struck back with a preemptive lawsuit of its own and won. In a blog post last month, Craigslist CEO Jim Buckmaster explained the company’s filtering policies in detail, pointing out its lawyers had rejected some 700,000 inappropriate ads to date, and suggested its methods could offer a model for the entire industry. He has also used the company’s blog to blast critics, most recently an “ambush” CNN video interview of Craigslist founder Craig Newmark.

Craiglist has a point: Given other sites on the web (and in print) serve the same types of ads without the same level of scrutiny, it seems politicians are making the pioneering, 15-year-old service an opportunistic scapegoat. Internet services may accelerate and exacerbate some social problems like prostitution, but they rarely cause them. The root of these issues — and their solutions — lie in the realm of public policy, not web sites and ham-handed web site filtering.

Frances Martel at Mediaite

Michael Arrington at TechCrunch:

Craigslist has fought back using little more than their blog and logic. And they’re right. Having prostitution up front and regulated, as Craigslist does, means less crime is associated with it. It’s not like prostitution, sometimes called the world’s oldest profession, was invented on the site.

The fact that eBay and others do exactly the same thing, but without human review and moderation, doesn’t seem to matter. Craigslist Sex is what scares the general population, and it’s what the press and the politicians will continue to use to get their hits and votes.

So the Craigslist Adult Section was removed. Is the world now a safer place?

Update: This only appears to affect U.S. sites, so if you’re looking for a happy ending in Saskatoon or the West Bank, have at it.

Mistermix:

After a few months of getting shit from AGs looking to make a name for themselves, Craigslist has replaced its adult services ads with a “Censored” bar.

Until they gave up, Craigslist was the only big site hosting adult ads that made a good-faith effort to keep exploitation out of their site. eBay owned a site that also posted erotic ads, made no effort to police it, and they simply blocked access from the US when the site was criticized.

Perhaps we’ll have an honest conversation about ending the prohibition of prostitution in a few more years, but this episode shows that we’re nowhere near ready to have it now.

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Filed under Families, Technology

What, No Ironic Rabbit Ears App?

Apple:

Apple® today announced the new Apple TV® which offers the simplest way to watch your favorite HD movies and TV shows on your HD TV for the breakthrough price of just $99. Apple TV users can choose from the largest online selection of HD movies to rent, including first run movies for just $4.99, and the largest online selection of HD TV show episodes to rent* from ABC, ABC Family, Fox, Disney Channel and BBC America for just 99 cents.

Apple TV also streams content from Netflix, YouTube, Flickr and MobileMe™, as well as music, photos and videos from PCs and Macs to your HD TV. Enjoy gorgeous slideshows of your photos on your HD TV using Apple TV’s selection of built-in slideshows. Apple TV has built-in HDMI, Wi-Fi, Ethernet and an internal power supply for easy set-up, and features silent, cool, very low power operation in an enclosure that’s less than four inches square—80 percent smaller than the previous generation.

“The new Apple TV, paired with the largest selection of online HD movie and TV show rentals, lets users watch Hollywood content on their HD TV whenever they want,” said Steve Jobs, Apple’s CEO. “This tiny, silent box costing just $99 lets users watch thousands of HD movies and TV shows, and makes all of their music, photos and videos effortlessly available on their home entertainment system.”

Apple TV users can now rent thousands of commercial free, HD TV episodes on iTunes® for just 99 cents, with up to 30 days to start watching and then 48 hours to finish—or watch multiple times. Users can also rent over 7,000 movies with over 3,400 available in HD, with most new releases available the same day they are released on DVD.

Matt Burns at Crunchgear:

Forget the iTV name, the refreshed Apple TV is still called the Apple TV. But that’s about where the similarities end. The entire system from the form factor to the UI is different; even the entire concept is different. I think we can officially say Apple is taking the Apple TV and the whole streaming market seriously now. It’s no longer just a hobby despite what Steve says.

The new model is dramatically smaller than the old one — 1/4 of the size actually. It features 802.11n built in with HDMI, Ethernet, and optical audio on the backside. The power supply is even built-in. No more power bricks, people!

Just like the rumors stated, the new Apple TV is significantly smaller than the previous generation. That’s partly because it no longer utilizes a spinning disk hard drive for local storage. Flash memory now handles that task, but it’s really only for buffering as it’s not that large. This device is after all a low-cost streamer designed not to hold your media, but to access it from other locations.

The real news is the added content. Apple feels that people do not want to manage local storage — hence the lack of hard drive — and so content will be delivered from the cloud. Keep in mind, there’s no purchasing content, just renting. First-run movies will be available the same day that they hit DVD for $4.99. TV shows now cost $.99 rather than the old price of $2.99 but only Fox and ABC are on board right now.

Then there’s Netflix. Yep, it’s in the box as well and so is YouTube. Both are available through beautiful custom-built UIs. No more red screens for Netflix. (yay!)

Sam Biddle at Gizmodo

Brian X. Chen at Wired:

The major limitation: For TV rentals, only two studios are on board to stream shows through the Apple TV — ABC and Fox. This isn’t an adequate replacement yet for cable subscriptions.

So calling it a “hobby” was right — Apple’s starting out small, and maybe it’ll roll into something bigger if more studios warm up to the idea.

Nonetheless, I got some hands-on time with the new Apple TV and it is a promising start.

TV and movie rentals are really snappy and fast. After choosing to rent a movie or show, the Apple TV takes a few seconds to prepare a buffer and begins streaming your video live.

Also particularly cool was internet integration. I enjoyed searching through Flickr streams: Select a photo and hit the Play button and it immediately plays a slideshow with music and fancy transitions. I’m too lazy to check my friends’ Flickr streams the normal way on Flickr.com, aren’t you? Plus, the photos look great on a big screen through the Apple TV’s HDMI connection.

The Apple TV’s remote is familiar: It’s got the same aluminum and black design as the current MacBook Pros. It’s also very similar to the current Apple remote that controls Macs — only it’s a little longer and the buttons have small bumps for subtle tactile feedback. It feels great in the hand and navigating through the Apple TV menu was really smooth.

As good as the idea sounds, you won’t be able to use your iPhone or iPad as a remote for the Apple TV (not yet, at least). Instead, there’s a feature called “AirPlay,” so if you’re using your iPad or iPhone to listen to music, look at photos or watch a video, you can tap an AirPlay button, select your Apple TV and boom — your content is streaming onto your Apple TV. We weren’t able to test that since this feature won’t be available until iOS 4.2 ships in November, but we’ll keep you posted.

Paul Miller at Engadget:
It’s now a streaming-focused device (as we predicted months ago) in a small matte black enclosure we’re calling “the hockey puck.” It has HDMI, Ethernet, optical audio, and USB plugs around back, and of course 802.11n for the cable-averse. Inside there ain’t much — there’s no local storage, which makes this thing an entirely different beast than old Apple TVs, relying entirely on the “cloud” for content. Those new streaming HD TV rentals from ABC and Fox will be a mere 99 cents, while first run HD movies will be a less thrilling $4.99. Other services include Netflix, YouTube, Flickr, and Mobile Me, along with Rotten Tomatoes integration in the movie catalog. You can also stream from your computer, if you miss those old hard drive-sourced days of yore, but iOS 4.2’s AirPlay also enables streaming from an iPad straight to an Apple TV for something much more surreal. The best news? Apple will start shipping this sucker four weeks from now for $99.

Don MacAskill:

If only there were a way to seriously monetize the platform *and* open it up to all services at the same time. Oh, wait, that’s how Apple completely disrupted the mobile business. It’s called the App Store. Imagine that the AppleTV ran iOS and had it’s own App Store. Let’s see what would happen:

  • Every network could distribute their own content in whichever way they wished. HBO could limit it to their subscribers, and ABC could stream to everyone. Some would charge, some would show ads, and everyone would get all the content they wanted. Hulu, Netflix, and everyone else living in perfect harmony. Let the best content & pricepoint win.
  • We’d get sports. Every geek blogger misses this, and it’s one of the biggest strangleholds that cable and satellite providers have over their customers. You can already watch live, streaming golf on your iPhone in amazing quality. Now imagine NFL Sunday Ticket on your AppleTV.
  • You could watch your Facebook slideshows and SmugMug videos alongside your Flickr stream. Imagine that!
  • The AppleTV might become the best selling video game console, just like iPhone and iPod have done for mobile gaming. Plants vs Zombies and Angry Birds on my TV with a click? Yes please.
  • Apple makes crazy amounts of money. Way more than they do now with their 4 year old hobby.

The new AppleTV runs on the same chip that’s in the iPhone, iPad, and iPod. This should be a no-brainer. What’s the hold up? What’s that you say? The UI? Come on. It’s easy. And it could be the best UI to control a TV ever.

WORLDS BEST TV USER INTERFACE

Just require the use of an iPod, iPhone, or iPad to control it. Put the whole UI on the iOS device in your hand, with full multi-touch. Pinching, rotating, zooming, panning – the whole nine yards. No more remotes, no more infrared, no more mess or fuss. I’m not talking about looking at the TV while your fingers are using an iPod. I’m talking about a fully realized UI on the iPod itself – you’re looking and interacting with it on the iPod.

There are 120M devices capable of this awesome UI out there already. So the $99 price point is still doable. Don’t have an iPod/iPad/iPhone? The bundle is just $299 for both.

That’s what the AppleTV should have been. That would have had lines around the block at launch. This new one?

It’s like an AppleTV from 2007.

Devin Coldeway at Crunchgear:

The other players are scrambling to set themselves in opposition to the new Apple TV: earlier this week, Roku dropped their prices preemptively; Amazon is touting 99-cent shows; now, Boxee is pricing their long-awaited Boxee Box. It’s $199, and they defend the price in a blog post, saying that people really do want the extra features it offers. I’d tend to agree, but in the end it’s the consumers who will decide it.

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A Saber Rattle Called An Ambassador

Jeff Neumann at Gawker:

Ahmadinejad unveiled his new jet-powered giant dildo bomber one day after Iran began fueling its first nuclear power reactor. The Ambassador of Death has a range of 620 miles and can carry four cruise missiles to “keep the enemy paralyzed in its bases.” Ahmadinejad spoke about his new toy’s dual purpose: “The jet, as well as being an ambassador of death for the enemies of humanity, has a main message of peace and friendship.” How cute!

Israel Matzav:

Hmmm. That ought to make ‘our friends the Saudis’ feel real secure.

Scott Lucas at Enduring America

Weasel Zippers:

Ahmahomo Introduces the “Ambassador of Death”…

Isn’t that the “prophet” Mohammed’s role?…

Keith Thomson at Huffington Post:

Depending on the mission, according to the Iranian Defense Ministry, the 13-foot-long, remotely-piloted aircraft can deliver either a pair of 250-pound bombs, a single 450-pound laser-guided bomb, or a quartet of cruise missiles. The UAV travels 560 miles per hour with 620-mile range. It should be noted that past Iranian defense claims have made fish stories seem reliable, and, among other red flags waving today, cruise missile capability would extend the Ambassador of Death’s range well past 620 miles. But taking the specs at face value, here’s how Ahmadinejad’s new saber measures up:

The poster child of UAVs, the 27-foot-long Predator has a cruise speed of 84 mph and a range of 454 miles. Originally developed for reconnaissance by the U.S. Department of Defense in the mid-1990s, Predators were fitted with a pair of Hellfire missiles after an American general remarked, “I can see the tank. Now I’d like to see it blown up.”

When that worked, the Department of Defense commenced development of the Reaper UAV. In operation since 2006, the 36-foot-long Reaper boasts a cruise speed of around 230 mph, a 3,682-mile range, and a relative arsenal including Hellfires, Sidewinder missiles and 500-pound laser-guided bombs–a potent enough package overall that the Air Force subsequently decided to train more pilots to fly aircraft from ground operations centers than from cockpits.

Two years later, Israel unveiled the Heron UAV, 43 feet long with a wingspan of 85 feet, or about that of a Boeing 737. Its range is 5,000 miles–or deep into Iran and back twice. The Karrar’s stated range would leave it nearly 500 miles shy of Israel. The Heron’s weapons payload, meanwhile, can be 4,000 pounds, or about eight times that of Iran’s new aircraft.

This April brought the introduction a jet-powered version of the Predator, the Avenger, with a top speed of close to 500 mph and, more importantly, a good deal of infrared and radar-proof stealth design–without stealth, the Ambassador of Death may find itself the jet-powered version of a sitting duck.

James Jewell, President of UAV MarketSpace and one of America’s top unmanned aerial systems experts, speculated that Iran’s new offering is “nothing special,” adding of today’s announcement, “I suspect it has an element of hyperbole since it comes so close to the nuclear reactor fueling announcement.”

Jewell also noted several other countries with UAV systems comparable or superior to Iran’s, notably France, Italy, and South Africa (for a fairly extensive international UAV roster, see Wikipedia’s unmanned aerial vehicle page).

The Ambassador of Death, however, has the scariest name.

Noah Shachtman at Wired:

According to the official word from Tehran, the 13-foot Karrar (’striker”) drone is capable of carrying four cruise missiles. That’s really unlikely. Even smaller-sized cruise missiles, like the Russian Kh-135s, weigh a more than a thousand pounds and are about nine feet long; it’s tough to imagine a relative pipsqueak like the Karrar lugging such a hefty package. [Update: As Pirouz notes in the comments, Iran calls its anti-ship missiles, like the Chinese C-701, “cruise missiles.” Those are compact enough for drone duty.] State television later claimed that the Karrar could carry a pair of 250-pound bombs or a single 500-pounder. That’s more believable (although the single bomb the drone is carrying in the video above looks more like a 250-pound model to me).

Iran has been making its own drones for a while; the U.S. even shot one down over Iraq last year. Since 2004, a small number of those unmanned aerial vehicles have made their way into Hezbollah’s hands. This, however, would be Iran’s first armed robo-plane. In so doing, state television crows, “Iran broke the military advantage of America” — and prepped the country for the looming days of all-robot warfare. That should arrive around 2020, the Iranian Defense Ministry guesstimates.

Tehran’s scientists went “500,000 hours without sleep and eating” while designing the drone, according the state TV report. That figure sounds about as authentic as Iran’s 2007 pronouncement that it had fired off a space-ready missile (which turned out to be nothing more than a modified Scud), or July 2008’s picture of a missile barrage (most of which were Photoshopped dummies).

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