States Complying with DOJ/FBI Facial Recognition Database

 

 

GAO: The Department of Justice’s (DOJ) Federal Bureau of Investigation (FBI) operates the Next Generation Identification-Interstate Photo System (NGI-IPS)— a face recognition service that allows law enforcement agencies to search a database of over 30 million photos to support criminal investigations. NGI-IPS users include the FBI and selected state and local law enforcement agencies, which can submit search requests to help identify an unknown person using, for example, a photo from a surveillance camera. When a state or local agency submits such a photo, NGI-IPS uses an automated process to return a list of 2 to 50 possible candidate photos from the database, depending on the user’s specification. As of December 2015, the FBI has agreements with 7 states to search NGI-IPS, and is working with more states to grant access. In addition to the NGI-IPS, the FBI has an internal unit called Facial Analysis, Comparison and Evaluation (FACE) Services that provides face recognition capabilities, among other things, to support active FBI investigations. FACE Services not only has access to NGI-IPS, but can search or request to search databases owned by the Departments of State and Defense and 16 states, which use their own face recognition systems. Biometric analysts manually review photos before returning at most the top 1 or 2 photos as investigative leads to FBI agents.

DOJ developed a privacy impact assessment (PIA) of NGI-IPS in 2008, as required under the E-Government Act whenever agencies develop technologies that collect personal information. However, the FBI did not update the NGI-IPS PIA in a timely manner when the system underwent significant changes or publish a PIA for FACE Services before that unit began supporting FBI agents. DOJ ultimately approved PIAs for NGI-IPS and FACE Services in September and May 2015, respectively. The timely publishing of PIAs would provide the public with greater assurance that the FBI is evaluating risks to privacy when implementing systems. Similarly, NGI-IPS has been in place since 2011, but DOJ did not publish a System of Records Notice (SORN) that addresses the FBI’s use of face recognition capabilities, as required by law, until May 5, 2016, after completion of GAO’s review. The timely publishing of a SORN would improve the public’s understanding of how NGI uses and protects personal information.

Prior to deploying NGI-IPS, the FBI conducted limited testing to evaluate whether face recognition searches returned matches to persons in the database (the detection rate) within a candidate list of 50, but has not assessed how often errors occur. FBI officials stated that they do not know, and have not tested, the detection rate for candidate list sizes smaller than 50, which users sometimes request from the FBI. By conducting tests to verify that NGI-IPS is accurate for all allowable candidate list sizes, the FBI would have more reasonable assurance that NGI-IPS provides leads that help enhance, rather than hinder, criminal investigations. Additionally, the FBI has not taken steps to determine whether the face recognition systems used by external partners, such as states and federal agencies, are sufficiently accurate for use by FACE Services to support FBI investigations. By taking such steps, the FBI could better ensure the data received from external partners is sufficiently accurate and do not unnecessarily include photos of innocent people as investigative leads.

*** The Privacy Act of 1974 places limitations on agencies’ collection, disclosure, and use of personal information maintained in systems of records.3 The Privacy Act requires agencies to publish a notice—known as a System of Records Notice (SORN)—in the Federal Register identifying, among other things, the categories of individuals whose information is in the system of records, and the type of data collected.4 Also, the E-Government Act of 2002 requires agencies to conduct Privacy Impact Assessments (PIA) that analyze how personal information is collected, stored, shared, and managed in a federal system.5 Agencies are required to make their PIAs publicly available if practicable.  See the entire report here from the General Accounting Office.

 

A Refugee Hub, Why no Terror Attacks in Greece?

   

The Greek Gateway to Jihad

June 16, 2016

CTC: Abstract: Greece has become a crossroads for extremists trying to reach Syria and Iraq from Europe and for fighters returning home. The fact that several members of the Paris and Brussels attack cell transited through the Greek island of Leros illustrates the Islamic State’s ability to exploit refugee flows in order to move fighters into Europe. Although Greece’s migrant crisis has eased recently, a persistent economic crisis has left the Greek government with limited resources and capability for border security and counterterrorism efforts. At a time of growing radicalization and Islamist extremist activity within Greece’s own borders, this has led to concern that the Islamic State may take advantage by launching attacks against Western or Russian tourists or interests on Greek soil. 

On October 3, 2015, a boat originating from nearby Turkey carrying almost 200 refugees landed on the Greek Cycladic island of Leros.[1] Among them were two Iraqi Islamic State recruits carrying Syrian passports with fake names.[2] They were among the 400-500 migrants arriving on the island by sea every day last fall[3] and among about one million irregular migrants[4] who have come to Europe via the Aegean sea, many on rickety boats that trawl the Turkish coast seeking out the desperate.[a] Local officials processed the duo as refugees, and then the two men booked themselves on a ferry to Athens before transiting through the Balkans on a route trodden by tens of thousands of other refugees. Just over one month later they blew themselves up at the French national soccer stadium in the worst terrorist attack in France’s modern history.

They were not the only suspected terrorists who landed in Leros that day. Two others posing as refugees in the very same boat were arrested in Austria in the wake of the Paris attacks under suspicion of having ties to the plotters.[5] In addition, Leros was the arrival point in September for Swedish Islamic State operative Osama Krayem who was traveling with an alleged co-conspirator in the Paris and Brussels terror cell.[6] There were also eyewitness sightings of Paris attack ringleader Abdelhamid Abaaoud in Leros in the late summer. He subsequently claimed to have exploited refugee flows to enter Europe,[7] but it is not clear if Leros was his entry point.[8]

The Islamic State’s successful infiltration of operatives into Europe through Greece cemented concerns that the country had become the soft underbelly of Europe. An unannounced, on-site evaluation by E.U. inspectors of six Greek sea and land border sites between November 10 and November 13, 2015, (ironically, the day of the Paris attacks) revealed “serious deficiencies in the carrying out of external border control by Greece, in particular due to the lack of appropriate identification and registration of irregular migrants at the islands, of sufficient staff, and of sufficient equipment for verifying identity documents.”[9][b]

After reaching a crisis point, the migrant pressures on Greece eased dramatically[c] after March 2016 due to an agreement between the European Union and Turkey to deport irregular migrants back to Turkey[10] and the move by several countries in the Balkans along the so-called northern refugee corridor to restrict severely the admission of refugees trying to transit northward.[11] But there is concern that the numbers coming through Greece may surge again if the deal with Turkey collapses.

Transit Route 
An early example of a terrorist crossing through Greece was Ibrahim Boudina, a French Islamic State operative who was detained on January 3, 2014, after Greek police pulled over a taxi in which he was traveling in the town of Orestiada, four miles from the Turkish border. Greek police discovered a USB drive with instructions for how to make homemade bombs “in the name of Allah,” but let him go because, just as with Fabien Clain, there was no warrant for his arrest, despite French intelligence services being aware of his travel to Syria. One month later French police arrested him near Cannes, thwarting his alleged plans to carry out a bomb attack with three soda cans filled with the explosive TATP.[12]

Another case was Fabien Clain, one of the alleged masterminds of the Paris attacks, who reportedly transited through Greece on his way to Syria in the early months of 2015. Clain drove his family from the northwestern port of Igoumenitsa to the Turkish border in the northeast of the country, making stops in both Thessaloniki and Kavala. French authorities tipped off their Greek counterparts of his presence in the country, but there was no warrant for his arrest so he was not detained.[13][d]

A significant number have transited from Balkan countries such as Kosovo and Albania and then used Greece as a gateway to jihad.[e] A case in point was Mirsad Bektasevic, a Bosnian-Swede who was arrested along with another man in Evros, Greece, on January 28, 2016.[14] Bektasevic was previously implicated in a plot to attack the British Embassy in Sarajevo.[f] A file collected by Greek authorities showed that both suspects came to Athens via Sweden on January 22, 2016, for two days before continuing on their journey to exit European territory by the end January 2016.[15] Authorities were alerted of their arrival at Athens airport by a tipoff from a European intelligence service. From there, both men took a KTEL bus to Thessaloniki and arrived at Alexandroupolis on a second bus. The ‘green light’ for their arrest came when they booked a ticket for Tychero, a town near the Turkish border.[16]

Some have used Greece as a way station to transport weapons into Syria. In February 2016 Greek police arrested three alleged British jihadis of Kurdish descent in Evros in northeastern Greece who may have been seeking to cross into Turkey.[17] Police discovered a significant number of weapons in their possession and over 200,000 rounds of ammunition.[18]

In order to facilitate travel flows, militants have set up logistical, recruitment, and financial cells in Greece, and some members of Greece’s large immigrant community, particularly in Athens, have provided housing to the transiting jihadis and helped them evade security services.[19]

Islamic State operatives have used Greece to coordinate attack plots in Europe. The Paris attacks ringleader Abdelhamid Abaaoud communicated by a cell phone from an Athens apartment with several members of an Islamic State cell in Belgium, plotting a major gun and bomb attack. Plans for how to attack airports were reportedly discovered on a computer in his residence on Asteropolis Road in the heart of the capital.[20]The plot was thwarted in a gun battle in Verviers, Belgium, in January 2015. An Algerian associate of Abaaoud in Athens was extradited to Belgium and charged with being part of the conspiracy.[21]

The Threat to Greece 
Greece does not have as significant a problem with radicalization as some other European countries, which means the threat from homegrown Islamist terrorism is significantly lower than in France or the United Kingdom. Greece hosts a Muslim minority, which is a vestige of the Ottoman Empire, but also an expanding Islamic population from Arab countries and South Asia who have arrived in significant numbers as illegal immigrants. Estimates of the centuries-old[g] Muslim minority[h]—which is mostly located in western Thrace, a region bordering Bulgaria and Turkey—range from 98,000 to 140,000 (between 0.9 percent and 1.2 percent of Greece’s 11 million population but as much as a quarter of the population of western Thrace). Estimates for immigrant Muslim community numbers between 200,000 and 300,000 (between 1.9 percent and 2.7 percent) with the majority living in the Athens region. Most Albanian immigrants to Greece are Muslims, though most are secular-leaning.[22] While there are low rates of radicalization among the very longstanding Muslim minority in western Thrace, most of whom are secular-leaning,[i] there is concern about radicalization among immigrant communities.

One concern is the lack of registered mosques in areas where there are large immigrant Muslim populations like Athens, creating a potential informational black hole for authorities. Data from the Muslim Association of Greece shows that there are currently three officially registered mosques in Athens and about 20-25 unofficial mosques serving the city’s estimated 130,000-200,000 Muslims.[23]The presence of informal, unregistered mosques has complicated the task of law enforcement officials in investigating suspected foreign fighter cases.[24]

Some Greek Muslims have tried to travel to Syria via Komotini, a western Thrace town near the border with Bulgaria and Turkey. One example was a 40-year-old seller of ecclesiastical paraphernalia in Komotini[25] who, according to police sources, operated a pro-jihadist Facebook profile.[26]

In another example of extremist activity within Greece, an investigation into Rawti Shax, an Islamic State linked-organization headed by an Iraqi Kurdish cleric based in Norway, revealed the group was trying to recruit from Greece. In November 2015 European authorities arrested 15 people in four European countries, breaking up what officials called a terrorist network that sought to overthrow the Kurdish government in northern Iraq and recruit militants to fight in Iraq and Syria.[27] According to Greek police, an Algerian national and a Pakistani who were residents of Norway and involved in the network spent time in Greece for recruitment purposes.[28] An analysis of internet chatroom activity also indicated the group had supporters in Greece.[29]

With thousands of Syrian refugees stranded in Greece after Balkan countries took measures to shut off transit routes for irregular migrants in March, there is concern refugee camps could become a breeding ground for extremism.[30] Before it was shut down last month, the Idomeni camp in northern Greece had swelled to over 10,000 migrants. Greek police have since moved the refugees to other facilities in Greece.[31]

There is concern that because of the jihadist transit through the country, the Islamic State may try to set up sleeper cells in Greece and that these cells might take advantage of limited Greek counterterrorism capabilities to launch attacks against Western or Russian visitors or interests inside the country. As many as 27.5 million tourists are expected to visit Greece in 2016, almost triple the country’s population.[32] As a member of NATO Greece itself is also in the Islamic State’s crosshairs, even if the country is not likely a priority target. In the wake of the Paris attacks the Islamic State released a video threatening reprisals in 60 countries that it considered allied against it, including Greece.[33]

Limited Counterterrorism Capabilities 
The rise of Islamist radicalization and the transit of European foreign fighters through Greece has been in danger of overwhelming security services such as the Greek National Security Agency (EYP), which was established to confront left-wing terrorist groups like the Revolutionary Organization 17 November. Most of its staff comes from various bodies such as the police (drug enforcement), coast guard, and military intelligence.[34] Greek ministers have criticized EYP’s leadership,[j] and a lack of funding and training has made it extremely reliant on help from other Western intelligence services.[35] Greek police also lack capabilities to track jihadis. When Belgian authorities requested Greek authorities arrest Abaaoud in Athens in early 2015, Belgian officials accused Greek police of failing to move quickly enough.[36]

There have been some positive developments, including a recent, dramatic reduction in the number of migrants entering Greece, and E.U. officials have proposed creating a European border security force and coast guard to help Greece.[37] In addition, the newly established European Migrant Smuggling Center (EMSC) has stationed officers on the islands of Chios, Samos, Lesvos, and Leros where refugee registration centers are in operation, as well as in Piraeus Port, bolstering Greece’s current border-security capabilities. EMSC agents are checking suspicious individuals against Europol’s databases in the Netherlands.[38]

Conclusion
Although the migrant crisis has eased, a sustained economic crisis has left the Greek government with limited resources and capacity for border security and counterterrorism efforts at a time of growing radicalization and militant activity within Greece’s own borders. If thousands of migrant seekers remained trapped in military camps in Greece for a lengthy period there is a possibility some will be radicalized.[39] Rising anti-immigrant activism by militants from Greece’s far-right Golden Dawn party risks adding fuel to the fire.

There is concern that the Islamic State may take advantage by launching attacks against Western or Russian interests on Greek soil. Moreover, there is a sense of complacency that Greece will not be struck because it is not playing any role in the coalition against the Islamic State, which is partly due to its financial restraints but also due to the fact that the governing Syriza party hails from an anti-war rhetoric movement.[40] It may only be an attack in Greece itself that leads to a wake-up call.

Ioannis Mantzikos is a security analyst based in Athens, Greece. He is a Ph.D. candidate at the Free State University in South Africa and a senior analyst at the Research Institute for European and American Studies. His recent book with Dr. Denise Baken is entitled The Transformation of Al-Qaeda in the Middle East and North Africa. Follow @YMantzikos

Substantive Notes
[a] Since the start of 2014, the International Organization for Migration (IOM) calculates that almost 1.4 million migrants and refugees have crossed the Mediterranean and entered Europe via one of five E.U. coastal borders: Italy, Greece, Spain, Cyprus, and Malta. Through March 16 of this year, IOM counted over 997,000 seaborne arrivals to Greece alone. According to the Greek authorities, 47 percent of newly arrived migrants are from Syria, 27 percent from Afghanistan, 17 percent from Iraq, and 3 percent each from Iran and Pakistan. See “Mediterranean Migrant Arrivals in 2016 Approach 150,000; Deaths Reach 455,” IOM, March 11, 2016.

[b] E.U. Migration and Home Affairs Commissioner Dimitris Avramopoulos stated in January, “we know that in the meantime Greece has started undertaking efforts towards rectifying and complying with the Schengen rules. Substantial improvements are needed to ensure the proper reception, registration, relocation or return of migrants in order to bring Schengen functioning back to normal, without internal border controls. This is our ultimate common goal.” “Commission discusses draft Schengen Evaluation Report on Greece,” European Commission Press Release, Brussels, January 27, 2016.

[c] According to the IOM, 3,360 migrants and refugees landed on the Greek islands in April 2016 as compared to 26,971 the previous month—an 88 percent drop. The figures for May were lower still with just 1,465 migrants and refugees arriving on Greek shores by sea, fewer than were arriving daily in January and February. See “‘Dramatic’ drop in migrant arrivals to Greece: officials,” Deutsche Welle, May 13, 2016; “IOM: Noted drop of maritime migrants reaching Greece,” Xinhua, June 4, 2016.

[d] Fabien Clain had previously served jail time for recruiting for al-Qa`ida in Iraq. As well as claiming the Paris attacks on behalf of the Islamic State, he was also suspected of encouraging a plot by a Parisian student to attack a church in the city, which was thwarted in April 2015. Paul Cruickshank and Tim Lister, “Immense challenges remain despite arrests of terror suspects,” CNN, April 8, 2016.

[e] The Islamic State has produced several propaganda videos featuring Kosovars appealing to their countrymen to join them, and the Kosovo authorities believe some 200 individuals have left to wage jihad in Iraq and Syria. See Tim Lister and Ioannis Mantzikos, “Add this to Greece’s list of problems: It’s an emerging hub for terrorists,” CNN, January 26, 2015.

[f] On October 19, 2005, Bektasevic had been arrested after a police raid on his aunt’s home in Sarajevo, Bosnia. In the house, police had found a belt with explosives, 18 kilograms of explosives, and a videotape with directions as to how to create a makeshift bomb. See Rodolfo Toe, “Sarajevo Embassy Attack Plotter Held in Greece,” Balkan Insight, February 2, 2016, and Maja Zuvela, “Three jailed in Bosnia for planning suicide attack,” Reuters, January 10, 2007.

[g] The first Muslims settled in this region after arriving from Anatolia in 1363 during an attempted conquest of Europe by the Ottoman Turks. In 1923 Greece and Turkey agreed to a mass exchange of populations and consequently Greeks resettled from Asia Minor to mainland Greece and vice versa. The Muslim minority in Thrace is mirrored by a Greek-Orthodox minority in Istanbul. See, for example, Ioannis Michaletos, “Islam in Greece: Country Outlook,” Radical Islam Monitor in Southeast Europe, August 5, 2011.

[h] It is estimated that 45 percent of Muslims in Western Thrace are of Turkish descent, 40 percent of Slavic descent, and 15 percent of “Pomak” descent. Ioannis Michaletos, “Islam in Greece: Country Outlook,” Radical Islam Monitor in Southeast Europe, August 5, 2011.

[i] Muslim preachers in the area of Komotini in the Evros region of northern Greece have repeatedly denounced radical extremism and have been supportive of all counterterrorism measures. “Thraki Muftis denounce ISIS,” To Vima, October 1, 2014.

[j] Former Minister of Interior Yiannis Panousis said he was aware that jihadis were traveling via Greece and questioned EYP’s ability. Minister of Defence Panos Kammenos called for EYP Head Mr. Yiannis Roubatis to resign. See Constantinos Zoulas and Yiannis Souliotis, Panousis claims SYRIZA officials told him to free detained suspects, Kathimerini, November 15, 2015; “Kammenos: Roubatis should have resigned,” Huffington Post Greece, November 22, 2015.

Citations
[1] Christopher Harress, “Paris Shootings 2015: Greek Officials Claim Bataclan Attack Terrorist Passed Through Country In October,” International Business Times, November 14, 2015.

[2] Paul Cruickshank, “The inside story of the Paris and Brussels attacks,” CNN, March 30, 2016.

[3] “Attaque du Stade de France: le terroriste kamikaze passé par la Grèce n’était pas seul, “ France TV-Info, November 20, 2015.

[4] “Council Implementing Decision setting out a Recommendation on addressing the serious deficiencies identified in the 2015 evaluation of the application of the Schengen acquis in the field of management of the external borders by Greece,” General Secretariat of the Council of the European Union, February 18, 2016; “Mediterranean Migrant Arrivals in 2016 Approach 150,000; Deaths Reach 455,” International Organization for Migration, March 11, 2016.

[5] Éric Pelletier and Thibault Raisse, “Attentats de Paris: révélations sur l’autre commando de Daech,” Le Parisien, February 13, 2016.

[6] Paul Cruickshank and Tim Lister, “Immense challenges remain despite arrests of terror suspects,” CNN, April 8, 2016.

[7] “Document RMC: Le témoignage de Sonia, celle qui a dénoncé Abaaoud,” BFMTV, February 4, 2016.

[8] Paul Cruickshank, “Paris ringleader came through Greek island Leros,” CNN, December 17, 2015.

[9] “Council Implementing Decision,” p. 4.

[10] “European Commission – Fact Sheet European Agenda on Migration: Securing Europe’s External Borders,” December 15, 2015.

[11] Patrick Kingsley, “Balkan countries shut borders as attention turns to new refugee routes,” Guardian, March 9, 2015.

[12] Paul Cruickshank, “Raid on ISIS suspect in the French Riviera,” CNN, August 28, 2014; Rukmini Callimachi, “How ISIS Built the Machinery of Terror Under Europe’s Gaze,” New York Times, March 29, 2016.

[13] Yiannis Souliotis, “Fabien Clain’s Greek Journey,” Kathimerini, April 3, 2016.

[14] “Suspected jihadist terrorists arrested in Alexandroupoli,” To Vima Online, February 1, 2016.

[15] Panagiotis Spyropoulos, “What has been found in Jihadists cellphones,” The TOC, February 1, 2016.

[16] Ibid.

[17] Lia Nesfige, “Evros: getaway of jihadists and arms smugglers,” Ta Nea online, February 15, 2016.

[18] Ibid.

[19] “120 Kosovar jihadists returned from Syria,” Tribune, November 30, 2015; Arianna Ferentinou, “Jihadists giving headaches to Greeks too,” Hurriyet Daily News, October 12, 2014.

[20] Éric Pelletier and Stéphane Sellami, “Attentats de Bruxelles : cinq questions sur un carnage,” Le Parisien, March 23, 2016.

[21] Paul Cruickshank, “Inside the ISIS plot to attack the heart of Europe,” CNN, February 13, 2015.

[22] Ioannis Michaletos, “Islam in Greece: Country Outlook,” Radical Islam Monitor in Southeast Europe, August 5, 2011.

[23] “Unlicensed mosques in spotlight after Paris attacks,” Kathimerini, November 26, 2015; Tasos Telloglou, “Three mosques registered in Athens,” Kathimerini, November 22, 2015.

[24] Telloglou.

[25] “Turkey extradites Greek Muslim with suspected jihadi ties,” Kathimerini, November 19, 2015.

[26] Alexandros Kalafatis, “Who is the 40 year old man arrested for alleged ties with ISIS?” Huffington Post Greece, November 20, 2015; “Turkey extradites Greek Muslim with suspected jihadi ties,” Kathimerini, November 19, 2015.

[27] Gaia Pianigiani, “Coordinated European Raids Target Ring Supporting Terrorist Groups,” New York Times, November 12, 2015.

[28] Vasilis Labropoulos, “Terrorist Recruitment network in Greece,” To Vima, April 10, 2016.

[29] Ibid.

[30] “Migrant Crisis: Macedonia Shuts Balkan Route,” BBC, March 9, 2016.

[31] Costas Kantouris, “Greek police evacuate hundreds from Idomeni refugee camp,” Associated Press, May 24, 2016.

[32] For example, see Oliver Guitta, “Greece: ISIS’s Gateway to Europe?” National Interest, December 15, 2015; Helena Smith, “Miracle in Athens as Greek tourism numbers keep growing,” Observer, May 28, 2016.

[33] Philip Chrysopoulos, “ISIS Threatens 60 Countries Including Greece,” Greek Reporter, November 25, 2015.

[34] John M. Nomikos, “Does Greece needs a department of Homeland Security?” Research Institute of European and American Studies, November 1, 2013.

[35] “Kammenos: Roubatis should have resigned.”

[36] Cruickshank, “Inside the ISIS plot to attack the heart of Europe.”

[37] “European Commission – Fact Sheet.”

[38] Philip Chrysopoulos, “Europol Undercover Agents at Greek Hotspots to Locate Jihadists, Traffickers,” Greek Reporter, April 11, 2016.

[39] Ioannis Michaletos, “Current Greek Counter-Terrorism Threat Assessment: Terrorism, Radicalization and Migration,” BalkanAnalysis.com, May 3, 2016.

[40] Sarantis Michalopoulos, “Greece will abstain from military action against ISIS,” Euractiv, November 16, 2015.

Trump Has Lawyers to Ensure this Does Not Happen

It must be noted, the FBI does have investigators on the Clinton Foundation as well as several others that are performing comprehensive financial forensics on individuals associated with the Clintons.

 

Sadly, we do have to know these facts. It does hurt the presidential election process for both parties but worse, it could be a real coming crisis for America and her future. One may be worse than the other, but as reported, a violation of law(s), is still a violation when both presumptive nominees are lawyer heavy.  

Donald Trump Accused of Using His Charity as a Political Slush Fund

DailyBeast: When the presumptive GOP nominee doled out money to veterans’ groups over the past few months, he did so using the Trump Foundation—which, according to FEC and IRS rules, should not be engaged in political activity.

The Trump Foundation, Donald Trump’s nonprofit organization, is under fire for allegedly operating as more of a political slush fund than a charity. The foundation is accused of violating rules prohibiting it from engaging in politics—prompting ethics watchdogs to call for public investigations.

On numerous occasions this year, Trump’s campaign work and his foundation work have overlapped—putting himself at risk for penalties and his charity at risk of being shut down.

It’s the latest example of Trump courting controversy: not merely through inflammatory rhetoric, but also through private dealings that raise serious legal questions—all of which indicate how he might govern if elected president of the United States.

Trump is listed as the president of the foundation in the charity’s annual disclosures, and his children Donald Trump Jr., Eric Trump, and Ivanka Trump are all listed as directors. Foundations like theirs are exempt from paying taxes, and as such are barred from engaging in political causes.

“A 501(c)(3) [nonprofit organization], like the Trump Foundation, is strictly prohibited from engaging in political activity. On its tax forms, the Foundation told the IRS that it does not,” said Jordan Libowitz, a spokesman for Citizens for Responsibility and Ethics in Washington (CREW).

But in key early primary states this year, Trump handed out Foundation checks to charities at campaign rallies. This also calls into question “whether the foundation provided the campaign with an illegal in-kind contribution by providing services for what was a campaign event. Under the campaign finance laws… providing anything of value to a campaign for free or at less than fair market value is a contribution to the campaign,” said Larry Noble, the general counsel at the Campaign Legal Center.

And in 2013, the Trump Foundation donated $25,000 to a political organization supporting Florida Attorney General Pam Bondi—an action the foundation is prohibited from taking, and which it failed to report on its disclosures.

The Trump campaign blamed this failure on clerical mistakes, but legal experts are sounding the alarm because at the time Bondi was reviewing complaints surrounding the businessman’s controversial Trump University project.

Both the contribution to Bondi and the overlap between the Trump campaign and his charity should be publicly examined, government watchdogs said.

“This should be investigated. There are troubling legal issues posed in both circumstances,” said Richard Skinner, a money-in-politics policy analyst at the Sunlight Foundation. “There is definitely [use of] a charitable foundation in an inappropriate way.”

Noble, the general counsel at the Campaign Legal Center, added that the Federal Election Commission and the IRS should both open an investigation into whether any laws were broken.

Notably, Donald Trump has legal expertise at his disposal that would allow him to know better than to put himself at risk for these violations. Donald F. McGahn, a Trump lawyer who works for the firm Jones Day, is a former FEC chairman. McGahn did not respond to The Daily Beast’s requests for comment.

Trump decided to skip the January Fox News GOP debate in protest of Megyn Kelly, whose question at a debate in August prompted an onslaught of criticism from Trump and his supporters. He held a charity event for veterans instead, during which he claimed to have raised $6 million. (After much prodding from reporters, and months of delay, he accounted for $5.6 million of the original figure.)

This money was disbursed gradually, and the involvement of the foundation was clear. At multiple campaign rallies this year, the businessman handed out Trump Foundation checks to veterans’ charities.

“It would be one thing to raise money for the charity and send it to them. But if receiving the contribution was dependent on attending the campaign event, it looks like the purpose of the whole thing was to support the campaign,” Noble said. “It raises serious questions when you make a charity part of your campaign event. It could create legal problems for both the campaign and the charity.”

On Jan. 30, with Liberty University President Jerry Falwell Jr. by his side at a campaign rally in Davenport, Iowa, Trump presented a $100,000 Trump Foundation check to Puppy Jake, a charity which supports veterans by providing service dogs.

Puppy Jake’s executive director, Becky Beach, told The Daily Beast that the Trump campaign had been in touch with her about the Trump Foundation’s contributions.

“They called me on the phone,” Beach said, but she could not remember who on the campaign her organization had coordinated with to organize their rally appearance. It was likely an “advance guy” from the Trump campaign, she said.

The next day, the day before the Iowa caucuses, the founder of Support Siouxland Soldiers, another vets charity, appeared on stage with Trump at a Sioux City campaign rally to accept a $100,000 Trump Foundation check.

Support Siouxland Soldiers executive director Sarah Petersen told The Daily Beast that she had been in touch with a Trump staffer named Hope, and provided the phone number they used in order to discuss the donation. The phone number matches up with the campaign’s listed number for Hope Hicks, the Trump campaign’s spokeswoman.

In New Hampshire, those in Trump’s orbit tried to organize a similar rally. They reached out to Keith Howard, the executive director of a local vets charity called Liberty House.

Earlier this year, Howard told The Daily Beast he received a call from a figure affiliated with the Trump campaign, who said that Trump would like to present them with a six-figure check at a Londonderry, New Hampshire, rally right before the Granite State’s primary.

Howard, concerned that being presented with money by a political candidate at a political rally might jeopardize his charity’s nonprofit status, called an expert in the state’s attorney general’s office, who confirmed his suspicions.

Howard declined to attend the rally, and Trump instead presented the check to a New Hampshire state representative who advised him on veterans issues. The state representative ultimately passed those funds along to Howard’s group, without the fanfare.

More recently, following pressure from the press to account for the $6 million he supposedly raised, the Trump campaign announced donations to 20 additional charities. Nine of them, all of which received checks from the Trump Foundation, responded to The Daily Beast’s inquiries. Representatives for each organization said they were neither in contact with the Trump campaign nor were asked to appear at campaign rallies.

The Daily Beast’s attempts to contact the Trump Foundation suggest that the charity exists largely on paper. A phone call to the number listed on the Trump Foundation’s annual disclosures led to a staffer for the Trump Organization, the umbrella group for Trump’s business dealings. Multiple phone calls to the organization failed to yield contact with a foundation staffer.

At one point, a Daily Beast reporter was told that Hicks, Trump’s campaign spokesperson, was responsible for media inquiries related to the foundation. During a second phone call, the reporter was told to contact Justin McConney, who supposedly handles the foundation’s account and donations. Calls and emails to McConney—whose official title is director of new media for the Trump Organization—went unreturned.

McConney also works on the Trump campaign—a January report questioned whether he was being paid fair market value for his work, as he split time between the Trump Organization and the Trump campaign.

The Trump campaign and the Trump Organization did not respond to a request for comment.

The Trump Foundation is already under a microscope.

CREW has filed a complaint against the Trump Foundation over the contribution to Bondi in March, claiming that the charity made an illegal political donation and failed to disclose it to the IRS; and Florida State Sen. Dwight Bullard has written to U.S. Attorney General Loretta Lynch, asking for the Justice Department to investigate the donation.

“Trump apparently does not understand either [the Federal Election Campaign Act] or the tax code and seems to have encouraged both organizations to cross the line,” said Craig Holman, a government affairs lobbyist at the consumer rights group Public Citizen.

When the foundation’s activity crosses over into politics, Holman said, it poses a potential violation of the FECA, which prohibits campaign coordination with outside groups that are not subject to political contribution limits and disclosure requirements.

Philip Hackney, a law professor who spent five years working for the IRS’s chief counsel, said the apparent coordination between the foundation and the campaign was “unwise” because it could put his foundation—and its tax-exempt status—in jeopardy.

The Bondi donation is probably sufficient evidence for the IRS to open an audit into the Trump Foundation, Hackney told The Daily Beast, adding that Trump himself could be subjected to extra taxes.

“I don’t know that they’ll even audit him,” Hackney said. “I think it’s dangerous, particularly politically for them right now, to audit in this realm. That bothers me, given what I see in this particular case, but I don’t know that the IRS has another choice in some ways.”

 

How Terrorists use Encryption

 

How Terrorists Use Encryption

June 16, 2016

CTC: Abstract: As powerful encryption increasingly becomes embedded in electronic devices and online messaging apps, Islamist terrorists are exploiting the technology to communicate securely and store information. Legislative efforts to help law enforcement agencies wrestle with the phenomenon of “going dark” will never lead to a return to the status quo ante, however. With the code underlying end-to-end encryption now widely available, unbreakable encryption is here to stay. However, the picture is not wholly bleak. While end-to-end encryption itself often cannot be broken, intelligence agencies have been able to hack the software on the ends and take advantage of users’ mistakes.

Counterterrorism officials have grown increasingly concerned about terrorist groups using encryption in order to communicate securely. As encryption increasingly becomes a part of electronic devices and online messaging apps, a range of criminal actors including Islamist terrorists are exploiting the technology to communicate and store information, thus avoiding detection and incrimination, a phenomenon law enforcement officials refer to as “going dark.”

Despite a vociferous public debate on both sides of the Atlantic that has pitted government agencies against tech companies, civil liberties advocates, and even senior figures in the national security establishment who have argued that creation of “backdoors”[1] for law enforcement agencies to retrieve communications would do more harm than good, there remains widespread confusion about how encryption actually works.[a]

Technologists have long understood that regulatory measures stand little chance of rolling back the tide. Besides software being written in other countries (and beyond local laws), what has not been fully understood in the public debate is that the “source code” itself behind end-to-end encryption is now widely available online, which means that short of shutting down the internet, there is nothing that can be done to stop individuals, including terrorists, from creating and customizing their own encryption software.

The first part of this article provides a primer on the various forms of encryption, including end-to-end encryption, full device encryption, anonymization, and various secure communication (operational security or opsec) methods that are used on top of or instead of encryption. Part two then looks at some examples of how terrorist actors are using these methods.

Part 1: Encryption 101 

End-to-End Encryption
A cell phone already uses encryption to talk to the nearest cell tower. This is because hackers could otherwise eavesdrop on radio waves to listen in on phone calls. However, after the cell tower, phone calls are not encrypted as they traverse copper wires and fiber optic cables. It is considered too hard for nefarious actors to dig up these cables and tap into them.

In a similar manner, older chat apps only encrypted messages as far as the servers, using what is known as SSL.[b] That was to defeat hackers who would be able to eavesdrop on internet traffic to the servers going over the Wi-Fi at public places. But once the messages reached the servers, they were stored in an unencrypted format because at that point they were considered “safe” from hackers. Law enforcement could still obtain the messages with a court order.

Newer chat apps, instead of encrypting the messages only as far as the server, encrypt the message all the way to the other end, to the recipient’s phone. Only the recipients, with a private key, are able to decrypt the message. Service providers can still provide the “metadata” to police (who sent messages to whom), but they no longer have access to the content of the messages.

The online messaging app Telegram was one of the earliest systems to support end-to-end encryption, and terrorists groups such as the Islamic State took advantage.[2] These days, the feature has been added to most messaging apps, such as Signal, Wickr, and even Apple’s own iMessage. Recently, Facebook’s WhatsApp[3] and Google[4] announced they will be supporting Signal’s end-to-end encryption protocol.

On personal computers, the software known as PGP,[c] first created in the mid-1990s, reigns supreme for end-to-end encryption. It converts a message (or even entire files) into encrypted text that can be copy/pasted anywhere, such as email messages, Facebook posts, or forum posts. There is no difference between “military grade encryption” and the “consumer encryption” that is seen in PGP. That means individuals can post these encrypted messages publicly and even the NSA is unable to access them. There is a misconception that intelligence agencies like the NSA are able to crack any encryption. This is not true. Most encryption that is done correctly cannot be overcome unless the user makes a mistake.

Such end-to-end encryption relies upon something called public-key cryptography. Two mathematically related keys are created, such that a message encrypted by one key can only be decrypted by the other. This allows one key to be made public so that one’s interlocutor can use it to encrypt messages that the intended recipient can decrypt through the private-key.[d] Al-Qa`ida’s Inspire magazine, for example, publishes its public-key[5] so that anyone using PGP can use it to encrypt a message that only the publishers of the magazine can read.

Full Device Encryption
If an individual loses his iPhone, for example, his data should be safe from criminals.[e] Only governments are likely to have the resources to crack the phone by finding some strange vulnerability. The FBI reportedly paid a private contractor close to $1 million to unlock the iPhone of San Bernardino terrorist Syed Rizwan Farook.[6]

The reason an iPhone is secure from criminals is because of full device encryption, also full disk encryption. Not only is all of the data encrypted, it is done in a way that is combined or entangled[7] with the hardware. Thus, the police cannot clone the encrypted data, then crack it offline using supercomputers to “brute-force” guess all possible combinations of the passcode. Instead, they effectively have to ask the phone to decrypt itself, which it will do but slowly, defeating cracking.[f]

Android phones work in much the same manner. However, most manufacturers put less effort into securing their phones than Apple. Exceptions are companies like Blackphone, which explicitly took extra care to secure their devices.

Full disk encryption is also a feature of personal computers. Microsoft Windows comes with BitLocker, Macintosh comes with FileVault, and Linux comes with LUKS. The well-known disk encryption software TrueCrypt works with all three operating systems as does a variation of PGP called PGPdisk. Some computers come with a chip called a TPM[g] that can protect the password from cracking, but most owners do not use a TPM. This means that unless they use long/complex passwords, adversaries will be able to crack their passwords.

CIA Brennan’s Chilling Statements in Testimony

Update, Jo Cox died of her injuries from the terror attack. See below.

NYPost: CIA Director John Brennan told Congress on Thursday that the Islamic State remains “formidable” and “resilient,” is training and attempting to deploy operatives for further attacks on the West and will rely more on guerrilla-style tactics to compensate for its territorial losses in the Middle East.

Giving the Senate intelligence committee an update on the threat from extremists, Brennan said IS has been working to build an apparatus to direct and inspire attacks against its foreign enemies, as in the recent attacks in Paris and Brussels — ones the CIA believes were directed by IS leaders.

“ISIL has a large cadre of Western fighters who could potentially serve as operatives for attacks in the West,” Brennan said, using another acronym for the group. He said IS probably is working to smuggle them into countries, perhaps among refugee flows or through legitimate means of travel.

Brennan also noted the group’s call for followers to conduct so-called lone-wolf attacks in their home countries. He called the attack in Orlando a “heinous act of wanton violence” and an “assault on the values of openness and tolerance” that define the United States as a nation.

Brennan said the CIA is sharing intelligence with the FBI to help identify potential lone-wolf attackers, but the CIA’s responsibility is to gather information about operations overseas.

More Islamic State fighters worldwide than al Qaeda at its height: CIA director

Reuters: The director of the U.S. Central Intelligence Agency, John Brennan, said on Thursday there were tens of thousands of Islamic State fighters around the world, more than al Qaeda at its height.

He also told a Senate Intelligence Committee hearing that the agency was concerned about the growth of Libya as a base of operations for Islamic State militants, who had 5,000-8,000 fighters there, although the group’s fighters in Iraq and Syria had dropped to 18,000 to 22,000 from 19,000 to 25,000.

“I am concerned about the growth of Libya as another area that could serve as the basis for ISIL to carry out attacks inside of Europe… that is very concerning,” Brennan said, using an alternative acronym for the Islamic State militant group.

Questioned about the broader crisis, Brennan told lawmakers he believed the government of Syrian President Bashar al-Assad had been strengthened with Russia’s support.

“A year ago, (Assad) was on his back foot as the opposition forces were carrying out operations that were really degrading the Syrian military. He is in a stronger position than he was in June of last year” as a result of Russian support, Brennan said.

Just two days ago, Obama held a national security team meeting and then a presser stating the major gains being made against Islamic State. When the same day, MSNBC questions that statement from an on the ground in Turkey, we know we are being oversold on this national security threat.

***** Meanwhile, during this ridiculous gun control debate as a solution to terrorists, it seems that a knife and a gun was used in an attack on a member of the UK Parliament. Europe has exceptionally tight gun control laws.

Labour MP Jo Cox in critical condition after being shot and stabbed

Guardian: Jo Cox, the MP for Batley and Spen, is in a critical condition after being shot and stabbed multiple times in her West Yorkshire constituency.

Armed officers responded to the attack near a library in Birstall on Thursday afternoon, and a 52-year-old man was arrested in the area, police confirmed.

Jo Cox, the Labour MP for Batley and Spen.

They added that the Labour politician had suffered “serious injuries and is in a critical condition”. She has been taken by helicopter to Leeds general infirmary.

Police also confirmed a man in his late 40s to early 50s nearby suffered slight injuries in the incident.

Witnesses said the attack was launched after the MP became involved in an altercation involving two men near her weekly advice surgery. A Labour source confirmed Cox was shot and stabbed after she had concluded the drop-in session for constituents at around 1pm.

The scene pictures in Birstall, West Yorkshire.

The shopkeeper in a greengrocer opposite Birstall Library, Golden D’Licious, told the Guardian that he believed the attacker had been waiting for the MP outside the library.

“I was inside the shop and all I heard was a scream and then the gunshot,” he said, without giving his name. “I went out and everyone was dispersing. I couldn’t see because it happened behind a car.”

But witness Hithem Ben Abdallah, 56, who was in the cafe next door to the library shortly after 1pm, said he the MP involved in an altercation between two arguing men.

He told PA a man in a baseball cap “suddenly pulled a gun from his bag” and after a brief scuffle with another man the MP became involved.

He added: “He was fighting with her and wrestling with her and then the gun went off twice and then she fell between two cars and I came and saw her bleeding on the floor.”

 

Police close to the scene in Birstall, Yorkshire.