Showing posts with label COINTELPRO. Show all posts
Showing posts with label COINTELPRO. Show all posts

Tuesday, February 26, 2013

The Return Of COINTELPRO



By TOM MCNAMARA
Courtesy Of "CounterPunch"


“Democracies die behind closed doors” – Judge Damon J. Keith
For 15 years (1956-1971) the Federal Bureau of Investigation (FBI) ran a broad and highly coordinated domestic intelligence / counterintelligence program known as COINTELPRO (COunter INTELligence PROgrams). What was originally deemed as a justifiable effort to protect the US during the Cold War from Soviet and Communist threats and infiltration, soon devolved into a program for suppressing domestic dissent and spying on American citizens. Approximately 20,000 people were investigated by the FBI based only on their political views and beliefs. Most were never suspected of having committed any crime.
The reasoning behind the program, as detailed in a 1976 Senate report, was that the FBI had “the duty to do whatever is necessary to combat perceived threats to the existing social and political order.” The fact that the “perceived threats” were usually American citizens engaging in constitutionally protected behaviour was apparently overlooked. The stated goal of COINTELPRO was to “expose, disrupt, misdirect, discredit, or otherwise neutralize” any individual or group deemed to be subversive or a threat to the established power structure.
The FBI’s techniques were often extreme, with the agency being complicit in the murder and assassination of political dissidents, or having people sent away to prison for life. Some of the more “moderate” actions that were used were blackmail, spreading false rumors, intimidation and harassment. It has been argued that the US is unique in that it is the only Western industrialized democracy to have engaged in such a wide spread and well organized domestic surveillance program. It finally came to an end in 1971 when it was threatened with public exposure.
Or did it?
In a stunning revelation from the Partnership for Civil Justice Fund (PCJF), it appears that COINTELPRO is alive and well. Through a Freedom of Information Act (FOIA) request, PCJF was able to obtain documents showing how the FBI was treating the Occupy Wall Street (OWS) movement, from its inception, as a potential criminal and domestic terrorist threat. This despite the FBI’s own acknowledgement that the OWS organizers themselves planned on engaging in peaceful and popular protest and did not “condone the use of violence.”
The documents, while heavily redacted, give a clear picture of how the FBI was using its offices and agents across the country as early as August 2011 to engage in a massive surveillance scheme against OWS. This was almost a month before any actual protests took place or encampments were set up (the most famous being the one in New York City’s Zuccotti Park).
The FBI’s documents show a government agency at its most paranoid. It considered all planned protests, and the individuals involved, as potential threats. Most disturbing of all, there is talk (p. 61) of the government being ready to “engage in sniper attacks against protesters in Houston, Texas, if deemed necessary” and perhaps needing to formulate a plan “to kill the leadership [of the protest groups] via suppressed sniper rifles.”
Furthermore, the documents reveal a close and intricate partnership between the federal government on one side and banks and private businesses on the other.
On August 19, 2011, the FBI met with representatives of the New York Stock Exchange in order to discuss OWS protests that wouldn’t happen for another four weeks. In September of that year, even before OWS got into full swing, the FBI was notifying local businesses that they might be affected by protests. It is not clear if, while on Wall Street, the FBI investigated the criminal and irresponsible behavior engaged in by some of the largest banks on the planet, behavior which led directly to the financial crisis of 2008.
We are also introduced to a creature named the “Domestic Security Alliance Council” which, according to the federal government, is “a strategic partnership between the FBI, the Department of Homeland Security and the private sector.” A DSAC report tells us that any information shared between US intelligence agencies and their corporate partners should not be released to “the media, the general public or other personnel.”
In a curious coincidence, nine days after the PCJF’s embarrassing release of FBI documents, the New York Post ran a story about how a 27 year old woman and her “Harvard grad and Occupy Wall Street” boyfriend, Aaron Greene, were arrested by officers from the New York City Police Department (NYPD) after an alleged cache of weapons and bomb making explosives were found in their Greenwich Village apartment.
And what exactly led the police to this apartment? Was it credible actionable intelligence gathered from the FBI’s massive domestic surveillance program? Did some agent acquire this information by bravely infiltrating the potential domestic terrorist group known as OWS? Hardly. The NYPD was simply executing a routine search warrant related to a credit card-theft case.
But in a story about the exact same event that appeared in the New York Times, it was reported that “police said they did not believe that Mr. Greene was active in any political movements” and that no “evidence of a planned terrorist attack” had been found . Furthermore, police hadn’t “made a connection to any known plot or any connection to any known terrorists.” No mention was made of the suspect’s alleged ties to the OWS movement, an item that had been prominently reported in the New York Post’s version of events.
Oddly, a more recent New York Post story stated that Mr. Greene was now a “Nazi-loving Harvard grad” and a reported “Adolf Hitler-wannabe.” No mention was made of his suspected ties to OWS. This author made several attempts to contact the New York Post, and the writers of the 2 articles, in an effort to find out how they knew that Mr. Greene was an OWS member and activist. Attempts were also made to try to find out if the New York Post still believed that Mr. Greene was an active OWS member, or if they now simply thought that he was just an “Adolf Hitler-wannabe.”
As of the writing of this article, no response has been received from the New York Post.
The FBI’s stated mission regarding America’s security is to “develop a comprehensive understanding of the threats and penetrate national and transnational networks that have a desire and capability to harm us.”
The American people would be far better served by their government if, instead of wasting millions of dollars and thousands of man-hours harassing peaceful protesters, it spent a fraction of that time and money investigating, and bringing to justice, the people responsible for the engineered destruction of the American economy, and by extension, American society.
You know. The real terrorists.
Tom McNamara is an Assistant Professor at the ESC Rennes School of Business, France, and a Visiting Lecturer at the French National Military Academy at Saint-Cyr, Coëtquidan, France.
Sources
“COINTELPRO: The FBI’s Covert Action Programs Against American Citizens” Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans, Book III, Final report of the Select Committee to Study Governmental Operations with respect to Intelligence Activities, United States Senate, April 23, 1976. Accessed at:
“COINTELPRO: The Untold American Story”, by Paul Wolf with contributions from Robert Boyle, Bob Brown, Tom Burghardt, Noam Chomsky, Ward Churchill, Kathleen Cleaver, Bruce Ellison, Cynthia McKinney, Nkechi Taifa, Laura Whitehorn, Nicholas Wilson, and Howard Zinn. Presented to U.N. High Commissioner for Human Rights Mary Robinson at the World Conference Against Racism in Durban, South Africa by the members of the Congressional Black Caucus attending the conference: Donna Christianson, John Conyers, Eddie Bernice Johnson, Barbara Lee, Sheila Jackson Lee, Cynthia McKinney, and Diane Watson, September 1, 2001. Accessed at:
“FBI Documents Reveal Secret Nationwide Occupy Monitoring” The Partnership for Civil Justice Fund (PCJF), December 22, 2012. Accessed at:
http://www.justiceonline.org/commentary/fbi-files-ows.html
“Greenwich Village couple busted with cache of weapons, bombmaking explosives: sources” by Jamie Schram, Antonio Antenucci and Matt McNulty, December 31, 2012, The New York Post.   Accessed at:
“Manhattan Couple Stored Bomb-Making Items, Police Say” by Wendy Ruderman, December 31, 2012, The New York Times. Accessed at:
“More About FBI Spying” The American Civil Liberties Union (ACLU), June 25, 2010. Accessed at:
“NYC couple arrested after explosive substance find” December 31, 2012, CBS/AP. Accessed at:
“Revealed: how the FBI coordinated the crackdown on Occupy” by Naomi Wolf, December 29, 2012, The Guardian. Accessed at:
“The Federal Bureau of Investigation – Mission” The Federal Bureau of Investigation. Accessed at:
“Village ‘bomber’ planned to blow up Washington Sq. Arch with high-grade explosives: cops” by Jamie Schram and Jessica Simeone, January 10, 2013, The New York Post. Accessed at:

Thursday, September 20, 2012

The FBI Lurking Behind Every Corner

Anthony Gregory writes the following in "The Huffington Post",


The late Richard Masato Aoki, famed street fighting '60s radical who armed San Francisco Bay Area Black Panthers, has been implicated as an FBI informant. Surprise, surprise.
The sight of armed Black Panthers prompted Governor Ronald Reagan to sign gun control in California. Aoki's role in arming them has always had a special place in the state's history. Now one wonders about the revelation's significance in the FBI's connection to Black Panther run-ins with the police.
The Bureau's involvement should not surprise anyone familiar with its long record of infiltrating fringe political groups to disrupt them, entrap activists, elicit violence, and generally make trouble.
Then called the Bureau of Investigation, the agency early on became obsessed with powerless political extremists. It rounded up more than 50,000 alleged draft dodgers during World War I and was instrumental in the Palmer raids that detained thousands of radicals in 1919 and 1920 and deported over five hundred to Soviet Russia.
For decades, American presidents used the FBI to spy on political opponents -- FDR targeted his critics and LBJ snooped on presidential challenger Barry Goldwater's staff.
But the most infamous FBI program was COINTELPRO -- the Bureau's Counter Intelligence Program -- that engaged in espionage of groups, both peaceful and violent, mostly left-wing but some right-wing, from 1956 to 1971, at the height of J. Edgar Hoover's directorship. During this period,according to the journalist James Bovard, "Over 2,300 separate operations were carried out to incite street warfare between violent groups, to wreck marriages, to get people fired, to smear innocent people by portraying them as government informants, to sic the IRS on people, and to cripple or destroy left-wing, black, communist, or other organizations."
COINTELPRO targeted the NAACP, the Congress of Racial Equality, Students for a Democratic Society, the Black Panthers, of course, and many others. Individuals subjected to FBI surveillance included Martin Luther King Jr., and Albert Einstein.
FBI operatives encouraged black radical groups to declare war on each other, tutored clueless draft protestors and right-wing paramilitary groups in the arts of burglarizing and vandalizing public buildings, established Ku Klux Klan organizations and personally assaulted Freedom Riders in premeditated beatings.
In the 1970s, COINTELPRO was shut down. The Senate's Church Committee examined this program and found it blatantly abusive. Congress reined in the FBI a little. After 9/11, Attorney General John Ashcroft announced the unleashing of FBI intelligence gathering, implying that the agency had been restricted from mundane monitoring in ways it had not.
In the last decade, when the FBI wasn't preoccupied with spying on the ACLU or Quakers, it has busied itself encouraging acts of "Islamic" terrorism. A staggering number of foiled terror plots have involved entrapment reminiscent of COINTELPRO. In Dallas, Washington, D.C., Chicago, New York, and Portland, FBI informants have goaded people into planning attacks that they likely would have never concocted on their own, in some cases supplying fake explosives, and swooping in at the last minute to save the day. The Bureau's salad days are back.
In March 2010, amidst hysteria of a "rightwing extremism" epidemic, some progressives defended the FBI's ensnaring Hutaree militia members in Michigan on charges of "seditious conspiracy" and plotting to overthrow the U.S. government with "weapons of mass destruction," after the agency had infiltrated the group for over a year. A judge finally threw out the charges for insufficient evidence. They found no WMD, either.
On the other side of the spectrum, an FBI informant infiltrated an Occupy camp in Cleveland last October and convinced some fellow "anarchists" that they should blow up a bridge at Cuyahoga Valley National Park. The informant provided the C-4 explosives. Without a moment to spare, the FBI rushed in and foiled this plot. Whew.
The agency's history has come full circle. It first emerged amidst popular fear of an anarchist threat to the republic. Anarchist writers had influenced President McKinley's assassin, and President Teddy Roosevelt gave the issue top priority, declaring, "When compared with the suppression of anarchy, every other question sinks into insignificance."
Despite concerns of such political violence -- concerns that were arguably more legitimate a century ago than many fears that animate the FBI today -- Congress resisted Teddy Roosevelt's drive for a national police force, seeing it as a threat to the Constitution. New York Republican Congressman George Waldo predicted a "great blow to freedom if there should arise in this country any such great central secret service bureau as there is in Russia." So President Roosevelt created the agency unilaterally, when Congress was in recess, putting it under Attorney General Joseph Bonaparte, great-nephew of Napoleon.
Amidst the communists, antiwar activists, unionists, states rights conservatives, Old Right opponents of the New Deal, black power groups, white power groups, New Left radicals, Muslim extremists, right-wing militia, and anarchist Occupiers, it seems the FBI has had its nose in every faction on the periphery of American politics, unnecessarily harassing peaceful groups as well as fabricating, exacerbating, or failing to stop real threats from antisocial elements.
Representative Waldo was prescient. With the FBI posing as dear friend, American law and order need no enemies.

Thursday, May 10, 2012

FBI Demands Mandatory Internet Backdoors




CNET learns the FBI is quietly pushing its plan to force surveillance backdoors on social networks, VoIP, and Web e-mail providers, and that the bureau is asking Internet companies not to oppose a law making those backdoors mandatory.

By Declan McCullagh
May 4, 2012 9:24 AM PDT
Courtesy Of "C|Net"


The FBI is asking Internet companies not to oppose a controversial proposal that would require firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance.
In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities, CNET has learned.
The FBI general counsel's office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly.
"If you create a service, product, or app that allows a user to communicate, you get the privilege of adding that extra coding," an industry representative who has reviewed the FBI's draft legislation told CNET. The requirements apply only if a threshold of a certain number of users is exceeded, according to a second industry representative briefed on it.
The FBI's proposal would amend a 1994 law, called the Communications Assistance for Law Enforcement Act, or CALEA, that currently applies only to telecommunications providers, not Web companies. The Federal Communications Commission extended CALEA in 2004 to apply to broadband networks.

"Going Dark" timeline

June 2008: FBI Director Robert Mueller and his aides brief Sens. Barbara Mikulski, Richard Shelby, and Ted Stevens on "Going Dark."
June 2008: FBI Assistant Director Kerry Haynes holds "Going Dark" briefing for Senate appropriations subcommittee and offers a "classified version of this briefing" at Quantico.
August 2008: Mueller briefed on Going Dark at strategy meeting.
September 2008: FBI completes a "high-level explanation" of CALEA amendment package.
May 2009: FBI Assistant Director Rich Haley briefs Senate Intelligence committee and Mikulsi staffers on how bureau is "dealing with the 'Going Dark' issue.'" Mikulski plans to bring up "Going Dark" at a closed-door hearing the following week.
May 2009: Haley briefs Rep. Dutch Ruppersberger, currently the top Democrat on House Intelligence, who would later co-author CISPA.
September 2008: FBI staff briefed by RAND, which was commissioned to "look at" Going Dark.
November 2008: FBI Assistant Director Marcus Thomas, who oversees the Quantico-based Operational Technology Division, prepares briefing for President-Elect Obama's transition team.
December 2008: FBI intelligence analyst in Communications Analysis Unit begins analysis of VoIP surveillance.
February 2009: FBI memo to all field offices asks for anecdotal information about cases where "investigations have been negatively impacted" by lack of data retention or Internet interception.
March 2009: Mueller's advisory board meets for a full-day briefing on Going Dark.
April 2009: FBI distributes presentation for White House meeting on Going Dark.
April 2009: FBI warns that the Going Dark project is "yellow," meaning limited progress, because of "new administration personnel not being in place for briefings."
April 2009: FBI general counsel's office reports that the bureau's Data Interception Technology Unit has "compiled a list of FISA dockets... that the FBI has been unable to fully implement." That's a reference to telecom companies that are already covered by the FCC's expansion of CALEA.
May 2009: FBI's internal Wikipedia-knockoff Bureaupedia entry for "National Lawful Intercept Strategy" includes section on "modernize lawful intercept laws."
May 2009: FBI e-mail boasts that the bureau's plan has "gotten attention" from industry, but "we need to strengthen the business case on this."
June 2009: FBI's Office of Congressional Affairs prepares Going Dark briefing for closed-door session of Senate Appropriations subcommittee.
July 2010: FBI e-mail says the "Going Dark Working Group (GDWG) continues to ask for examples from Cvber investigations where investigators have had problems" because of new technologies.
September 2010: FBI staff operations specialist in its Counterterrorism Division sends e-mail on difficulties in "obtaining information from Internet Service Providers and social-networking sites."
FBI Director Robert Mueller is not asking companies to support the bureau's CALEA expansion, but instead is "asking what can go in it to minimize impacts," one participant in the discussions says. That included a scheduled trip this month to the West Coast -- which was subsequently postponed -- to meet with Internet companies' CEOs and top lawyers.
A further expansion of CALEA is unlikely to be applauded by tech companies, their customers, or privacy groups. Apple (which distributes iChat and FaceTime) is currently lobbying on the topic, according to disclosure documents filed with Congress two weeks ago. Microsoft (which owns Skype and Hotmail) says its lobbyists are following the topic because it's "an area of ongoing interest to us." Google, Yahoo, and Facebook declined to comment.
In February 2011, CNET was the first to report that then-FBI general counsel Valerie Caproni was planning to warn Congress of what the bureau calls its "Going Dark" problem, meaning that its surveillance capabilities may diminish as technology advances. Caproni singled out "Web-based e-mail, social-networking sites, and peer-to-peer communications" as problems that have left the FBI "increasingly unable" to conduct the same kind of wiretapping it could in the past.
In addition to the FBI's legislative proposal, there are indications that the Federal Communications Commission is considering reinterpreting CALEA to demand that products that allow video or voice chat over the Internet -- from Skype to Google Hangouts to Xbox Live -- include surveillance backdoors to help the FBI with its "Going Dark" program. CALEA applies to technologies that are a "substantial replacement" for the telephone system.
"We have noticed a massive uptick in the amount of FCC CALEA inquiries and enforcement proceedings within the last year, most of which are intended to address 'Going Dark' issues," says Christopher Canter, lead compliance counsel at the Marashlian and Donahue law firm, which specializes in CALEA. "This generally means that the FCC is laying the groundwork for regulatory action."
Subsentio, a Colorado-based company that sells CALEA compliance products and worked with the Justice Department when it asked the FCC to extend CALEA seven years ago, says the FBI's draft legislation was prepared with the compliance costs of Internet companies in mind.
In a statement to CNET, Subsentio President Steve Bock said that the measure provides a "safe harbor" for Internet companies as long as the interception techniques are "'good enough' solutions approved by the attorney general."
Another option that would be permitted, Bock said, is if companies "supply the government with proprietary information to decode information" obtained through a wiretap or other type of lawful interception, rather than "provide a complex system for converting the information into an industry standard format."
A representative for the FBI told CNET today that: "(There are) significant challenges posed to the FBI in the accomplishment of our diverse mission. These include those that result from the advent of rapidly changing technology. A growing gap exists between the statutory authority of law enforcement to intercept electronic communications pursuant to court order and our practical ability to intercept those communications. The FBI believes that if this gap continues to grow, there is a very real risk of the government 'going dark,' resulting in an increased risk to national security and public safety."
Next steps
The FBI's legislation, which has been approved by the Department of Justice, is one component of what the bureau has internally called the "National Electronic Surveillance Strategy." Documents obtained by the Electronic Frontier Foundation show that since 2006, Going Dark has been a worry inside the bureau, which employed 107 full-time equivalent people on the project as of 2009, commissioned a RAND study, and sought extensive technical input from the bureau's secretive Operational Technology Division in Quantico, Va. The division boasts of developing the "latest and greatest investigative technologies to catch terrorists and criminals."
But the White House, perhaps less inclined than the bureau to initiate what would likely be a bruising privacy battle, has not sent the FBI's CALEA amendments to Capitol Hill, even though they were expected last year. (A representative for Sen. Patrick Leahy, head of the Judiciary committee and original author of CALEA, said today that "we have not seen any proposals from the administration.")
Mueller said in December that the CALEA amendments will be "coordinated through the interagency process," meaning they would need to receive administration-wide approval.
Stewart Baker, a partner at Steptoe and Johnson who is the former assistant secretary for policy at Homeland Security, said the FBI has "faced difficulty getting its legislative proposals through an administration staffed in large part by people who lived through the CALEA and crypto fights of the Clinton administration, and who are jaundiced about law enforcement regulation of technology -- overly jaundiced, in my view."
On the other hand, as a senator in the 1990s, Vice President Joe Biden introduced a bill at the FBI's behest that echoes the bureau's proposal today. Biden's bill said companies should "ensure that communications systems permit the government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law." (Biden's legislation spurred the public release of PGP, one of the first easy-to-use encryption utilities.)
The Justice Department did not respond to a request for comment. An FCC representative referred questions to the Public Safety and Homeland Security Bureau, which declined to comment.
From the FBI's perspective, expanding CALEA to cover VoIP, Web e-mail, and social networks isn't expanding wiretapping law: If a court order is required today, one will be required tomorrow as well. Rather, it's making sure that a wiretap is guaranteed to produce results.
But that nuanced argument could prove radioactive among an Internet community already skeptical of government efforts in the wake of protests over the Stop Online Piracy Act, or SOPA, in January, and the CISPA data-sharing bill last month. And even if startups or hobbyist projects are exempted if they stay below the user threshold, it's hardly clear how open-source or free software projects such as Linphone, KPhone, and Zfone -- or Nicholas Merrill's proposal for a privacy-protective Internet provider -- will comply.
The FBI's CALEA amendments could be particularly troublesome for Zfone. Phil Zimmermann, the creator of PGP who became a privacy icon two decades ago after being threatened with criminal prosecution, announced Zfone in 2005 as a way to protect the privacy of VoIP users. Zfone scrambles the entire conversation from end to end.
"I worry about the government mandating backdoors into these kinds of communications," says Jennifer Lynch, an attorney at the San Francisco-based Electronic Frontier Foundation, which has obtained documents from the FBI relating to its proposed expansion of CALEA.
As CNET was the first to report in 2003, representatives of the FBI's Electronic Surveillance Technology Section in Chantilly, Va., began quietly lobbying the FCC to force broadband providers to provide more-efficient, standardized surveillance facilities. The FCC approved that requirement a year later, sweeping in Internet phone companies that tie into the existing telecommunications system. It was upheld in 2006 by a federal appeals court.
But the FCC never granted the FBI's request to rewrite CALEA to cover instant messaging and VoIP programs that are not "managed"--meaning peer-to-peer programs like Apple's Facetime, iChat/AIM, Gmail's video chat, and Xbox Live's in-game chat that do not use the public telephone network.
If there is going to be a CALEA rewrite, "industry would like to see any new legislation include some protections against disclosure of any trade secrets or other confidential information that might be shared with law enforcement, so that they are not released, for example, during open court proceedings," says Roszel Thomsen, a partner at Thomsen and Burke who represents technology companies and is a member of an FBI study group. He suggests that such language would make it "somewhat easier" for both industry and the police to respond to new technologies.
But industry groups aren't necessarily going to roll over without a fight. TechAmerica, a trade association that includes representatives of HP, eBay, IBM, Qualcomm, and other tech companies on its board of directors, has been lobbying against a CALEA expansion. Such a law would "represent a sea change in government surveillance law, imposing significant compliance costs on both traditional (think local exchange carriers) and nontraditional (think social media) communications companies," TechAmerica said in e-mail today.
Ross Schulman, public policy and regulatory counsel at the Computer and Communications Industry Association, adds: "New methods of communication should not be subject to a government green light before they can be used."
Last updated at 12:30 p.m. PT

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