Category Archives: Cyber War

The Terror of Hackers

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U.S. arrests three men over hacking scheme targeting 60 million people

Cybersecurity researcher Billy Rios points to a computer line reading ''Gods Password,'' a password he was able to uncover by analyzing the software in a Pyxis medical supply dispenser that he says he purchased on Ebay for a few hundred dollars, in Redwood City, California October 10, 2014. REUTERS/Robert Galbraith

Reuters: Three men were arrested on Monday for engaging in a wide-ranging hacking and spamming scheme that targeted personal information of 60 million people including Comcast customers, U.S. prosecutors announced Tuesday.

Timothy Livingston, 30, Tomasz Chmielarz, 32, and Devin McArthur, 27, were named in an indictment filed in federal court in Newark, New Jersey that charged them with conspiracy to commit fraud and related activity among other offenses.

Prosecutors said Livingston, a Boca Raton, Florida, resident, was the leader of a series of computer hacking and illegal spamming schemes that targeted multiple companies and generated illegal profits exceeding $2 million.

The three men were arrested at their respective residences on Tuesday morning, a spokesman for U.S. Attorney Paul Fishman in New Jersey said.

Michael Koribanics, Chmielarz’s lawyer, said his client would plead not guilty at a court hearing on Tuesday. A lawyer for Livingston did not immediately respond to a request for comment, and an attorney for McArthur could not be identified.

Prosecutors said Livingston, who owned a spam company called “A Whole Lot of Nothing LLC,” hired Chmielarz of Rutherford, New Jersey to author hacking tools and other programs that facilitated the hacking and spamming schemes.

Among the companies they targeted was a Pennsylvania-based telecommunications company that employed McArthur, a resident of Ellicott City, Maryland, who installed hacking tools in company networks to gain access to records for 50 million people, prosecutors said.

The company was not identified by name in court papers. But McArthur’s LinkedIn page says he worked at Comcast Corp during the period in question. A Comcast spokeswoman had no immediate comment.

Livingston and Chmielarz also compromised tens of thousands of peoples’ email accounts, including customers of a New York telecommunications company, which they then used to send spam, the indictment said.

Other companies targeted in the schemes included a New York-based technology and consulting company whose website was compromised and a Texas-based credit monitoring firm that was hacked, the indictment said.

In the case of the unnamed credit monitoring firm, the indictment said Livingston paid Chmielarz to write a program to steal a database containing 10 million records.

When law enforcement seized Livingston’s computer in July, they discovered a database with 7 million of that company’s records, the indictment said.

New OPM Cyber Chief Is Bracing for an ISIS Hack

The new cybersecurity adviser hired by the Office of Personnel Management after a Chinese-originated hack says he expects ISIS may ultimately pierce the agency’s systems, too.

The historic data breach exposed the professional and private lives of 21.5 million individuals applying for clearances to handle classified information, plus their families. That kind of information, drawn from background investigations, would be perfect for blackmail attempts.

But Clifton Triplett—named OPM’s first-ever senior cyber and information technology adviser last month—says forthcoming access controls will blunt the severity of any future hack.

“I think what I have to do is … assume that, at some point in time, they may be successful,” Triplett said when asked about the ISIS cyber threat during a webcast hosted by Bloomberg Government on Monday.

Going forward, OPM will “make it more of a need-to-know kind of access control,” he said, “so if we do have a compromise, it is far more contained than, for example, our last incident.”

The agency, he explained, will institute the equivalent of tear lines on network data to grant as little information as possible to authorized personnel.

“Right now, I think, in some of our situations, the access control is broader than perhaps needs to be,” Triplett said, because OPM computer programs were developed before data security became a governmentwide priority.

So far, ISIS sympathizers have been hacking more for show, than for spying.

In early 2015, the self-described Cyber Caliphate group reportedly took control of the social network accounts of U.S. Central Command.

Then, global television network TV5Monde was disabled for hours in April, when the hacktivists apparently replaced the company’s channels, websites and social media accounts with pro-ISIS messaging.

ISIS’ online propaganda often directs followers to kill U.S. and allied troops and supplies the necessary contact information. But much of the data released has turned out to have already been in the public domain.

Still, America viewed at least one ISIS hacker as enough of a threat to kill him in a targeted attack.

The Justice Department claims Ardit Ferizi breached a server to retrieve identifying details on about 1,350 military and other government personnel. He then allegedly passed the data on to Islamic State member and Cyber Caliphate ringleader Junaid Hussain, a British citizen. Hussain is accused of beckoning adherents to target U.S. personnel, posting links on Twitter to their names, email addresses, passwords, locations and phone numbers. Hussain was reportedly killed in a U.S. drone strike this summer.

But what really frightens Triplett is that OPM’s records sit beside smart toasters and air conditioners in the Internet of Things, he said.

“We’re too interconnected. Not enough air gaps in our systems” that physically decouple networks from the Internet, he said. “We are trying to automate and connect one more thing to one more thing.”

Today, background check records are one of those things.

Eventually, Triplett said he fears, “I’ll have a reasonably minor event that will turn into a catastrophic event, and I won’t be able to find out where the root cause was because of the ripple potential.”

Currently, “there’s no way” to cut off the systems from the Internet, OPM’s IT security officer, Jeff Wagner, told Nextgov in October.

Wagner said, “even clearance data” must be online, because the only other option is to exchange paper folders with agency partners like the Social Security Administration.

Adversaries, however, would have to circumvent multiple identity checks and firewalled systems to peer at the personnel records, Wagner said.

 

 

Facts on Militant Islam Infiltration in America

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Early on in the jihad career of Usama bin Ladin, he was a member of the Muslim Brotherhood. Table set, read on.

The Investigative Project is a stellar non-profit organization that researches and investigates all militant influence, groups and people in the United States.

IPT Exclusive: Witnesses Say CAIR’s Hamas/MB Links Cemented From Start

Like a good politician, the Council on American-Islamic Relations (CAIR) repeatedly proves adept at inserting itself into national debates.

When presidential candidate Ben Carson said he could not support a Muslim president, CAIR gathered reporters to express outrage and call on Carson to drop out of the race. When a 14-year-old Texas boy was detained for bringing what he said was a homemade clock to school that a teacher feared might be a bomb, a CAIR official expressed outrage and sat by the boy’s side during news conferences and interviews.

And in the immediate aftermath of the Dec. 2 mass killings in San Bernardino by a radicalized Muslim man and his wife, CAIR called a news conference where its top Los Angeles official “unequivocally” condemned the killings.

CAIR’s aggressive approach, and a combination of media ignorance or laziness, generates uncritical television and newspaper stories throughout the country. This helps the organization reinforce its self-anointed and incorrect reputation as the voice for America’s roughly 2 million Muslims. CAIR is presented as a responsible, moderate organization.

But when cracks appear in that façade, journalists rarely rise to the occasion. Less than two days later, the same CAIR official who unequivocally condemned the San Bernardino killings appeared on CNN to blame “our foreign policy” for fueling radicalization that leads to such violence.

In blaming the United States for an attack by radical Islamists, CAIR- Los Angeles director Hussam Ayloush picked up talking points CAIR officials pushed in the wake of last month’s ISIS massacres in Paris. The aim is to keep the killers’ religious motivations out of any conversation.

“We are partly responsible,” Ayloush said about the United States. “Terrorism is a global problem, not a Muslim problem. And the solution has to be global. Everyone has a role in it.”

Anchor Chris Cuomo did not challenge this statement.

Such uncritical news coverage comes despite a well-documented record establishing CAIR’s own ties to terrorists. Internal Muslim Brotherhood records obtained by the FBI place CAIR and its founders at the core of a Brotherhood-created Hamas support network in the United States. It is a history so checkered that formal FBI policy since 2008 bars interaction with its officials except in criminal investigations.

On Thursday, CAIR legislative director Corey Saylor told the Wall Street Journal that the alleged Hamas ties were “put to rest by the Department of Justice in 2011 and now exists as an Internet story.”

This is a lie. Saylor knows that the FBI policy toward CAIR remains in effect, and it was publicly reaffirmed in 2013. And there simply is no way to “put to rest” the internal records admitted into evidence in 2008.

FBI records recently obtained by the Investigative Project on Terrorism further illustrate why CAIR merits closer scrutiny, rather than free air time, from the mainstream media. The records cement CAIR’s connections to the Muslim Brotherhood and Hamas from its very foundation, including disclosures about the only executive director CAIR has ever had – Nihad Awad.

Before he helped create CAIR 21 years ago, Awad moved from Dallas to Washington, D.C. “in order to represent Hamas,” an acquaintance said.

Awad’s co-founder Omar Ahmad sought the blessing of the Muslim Brotherhood in Egypt to proceed with the new political start-up. That approval went as far as getting the global Islamist movement’s blessing over CAIR’s bylaws.

These accounts came from separate sources, each of whom ran in the same Islamist circles as Awad and Ahmad, during interviews with the FBI in 2005 and in 2009-10. They were among more than 1,000 pages of FBI records released to the IPT, via a Freedom of Information Act (FOIA) request. The IPT sought records from the 2010 deportation of another CAIR official, former national board member Nabil Sadoun.

Sadoun’s deportation resulted at least in part from his “connections to HAMAS, HAMAS leader Mousa Abu Marzook, and HAMAS front organizations,” papers filed in Immigration Court show. Sadoun was a longtime CAIR national board member and served as president of the Muslim Arab Youth Association (MAYA), the 1,013-page FOIA response shows.

“MAYA served as a conduit for money to HAMAS, through the HLF [Holy Land Foundation], and served as a forum where HAMAS could promote its ideology and recruit new members,” a February 2010 declaration filed in Sadoun’s deportation case said. He also made anti-Semitic statements and advocated for violent jihad during an interview in a MAYA publication. (For more on Sadoun, click here)

CAIR was uncharacteristically reticent when asked about Sadoun’s case in 2010. The group promotes itself as “arguably the most visible and public representative of the American Muslim community.” But questions about its connections to Hamas have dogged the organization for years. Those questions led the FBI to break off outreach contact with the group in 2008, with an associate director explaining, “until we can resolve whether there continues to be a connection between CAIR or its executives and HAMAS, the FBI does not view CAIR as an appropriate liaison partner.”

CAIR’s Hamas connection is established by evidence FBI agents uncovered while investigating a Muslim Brotherhood controlled Hamas-support network in the United States. One document, coinciding with the group’s 1994 creation, places CAIR among the Brotherhood’s “Palestine Committee” branches. A 1992 internal memo, “Islamic Action for Palestine,” explains that the Brotherhood’s guidance office and international Shura Council (governing board) created Palestine Committees throughout the world “whose job it is to make the Palestinian cause victorious and to support it with what it needs of media, money, men and all of that.”

Lest there be any confusion over who benefits from the committees’ efforts, the next paragraph is devoted to Hamas. “This Movement – which was bred in the bosom of the mother movement, ‘The Muslim Brotherhood’ – restored hope and life to the Muslim nation and the notion that the flare of Jihad has not died out and that the banner of Islamic Jihad is still raised.”

CAIR officials have tried to ignore or minimize attention given to the evidence establishing the Hamas connections, or to dismiss critics who call attention to them – including the IPT – as anti-Muslim smear merchants.

Disclosures in the FOIA records the IPT obtained should be more difficult for CAIR to brush aside. They come from two former activists, both of whom were deeply involved in the same Muslim Brotherhood/Hamas-support network.

Omar Ahmad and the Muslim Brotherhood

Omar Ahmad’s CAIR bio

The FOIA records include prosecution evidence accepted by the Immigration Court and used to find Sadoun deportable on a 21-count charging document. Among the records, an FBI agent’s sworn statement from February 2010 – just days before Sadoun’s scheduled deportation hearing – which described CAIR co-founder Omar Ahmad (also known as Omar Yehia) as “one of the leaders of HAMAS.”

An FBI report from January 2005 summarizes an interview with a man who said he was “part of the Brotherhood for many years” in the United States. The FBI describes him in immigration court papers as “a former leader of the Muslim Brotherhood.”

He provided a history of the Brotherhood in America, including a power struggle pitting members who wanted more autonomy from the International Muslim Brotherhood against those who favored “a direct and official relationship.”

During the mid-1980s, the FBI source became a member of the U.S. Brotherhood’s Majlis al Shura, or governing board, and he described its structure and operation during the 2005 interview. “The Palestine Committee was the largest and most powerful nationalistic committee within the Brotherhood at that time,” the FBI summary of the interview said.

The U.S. Palestine Committee, like all national chapters throughout the world, “report directly to the IMB [international Brotherhood]’s leadership,” an FBI declaration in the Sadoun case said. A chart included in the file shows Sadoun’s connections within the network, including CAIR.

According to the witness, the U.S. Brotherhood’s estimated 1,500 to 2,000 members unanimously supported the Palestinian intifada and saw Hamas as its leader. The group then created the Holy Land Foundation to be “the Brotherhood’s primary organization to support the Intifadah,” the FBI report of the 2005 interview said.

Other branches included a think tank called the United Association for Studies and Research (UASR) and a propaganda outfit called the Islamic Association for Palestine (IAP). UASR was created by Mousa Abu Marzook, a longtime Hamas political leader, along with Ahmed Yousef – later a Hamas spokesman in Gaza – and Nabil Sadoun, the longtime CAIR national board member.

UASR “published papers and books about Hamas,” the Fifth Circuit Court of Appeals wrote in denying the Holy Land Foundation’s appeal.

The IAP served as the Palestine Committee’s media outlet, promoting Hamas attacks and even publishing the terrorist group’s anti-Semitic charter which calls for Israel’s annihilation. The IAP worked with the Holy Land Foundation and other groups on fundraising events with the money being routed to charities controlled by Hamas. In addition, Marzook routed more than $750,000 to the IAP between 1985 and 1992.

IAP published a booklet, “America’s Greatest Enemy: The Jew! and an Unholy Alliance!”

CAIR founders Omar Ahmad and Nihad Awad worked for the IAP immediately before launching CAIR.

Ahmad became Palestine Committee president after Marzook was deported from the United States, the FBI source said. He knew this because Ahmad “approached [name redacted] and asked the Brotherhood’s permission to start the CAIR organization.” Ahmad “requested the Brotherhood’s approval for CAIR’s by-laws, etc. YEHIA [Ahmad] wanted CAIR to work for all Muslim causes in the United States. The Brotherhood authorized the opening of CAIR because, unlike the HLF, it was not an organization that was concerned only about activities taking place in the Eastern part of the world.”

In 2010, reports surfaced that, after the successful prosecution of five former Holy Land Foundation officials for Hamas support, investigators proposed indicting Ahmad, the CAIR co-founder. That request was rejected by the Justice Department.

Information in the FOIA records, including the witness statements, offers new insight into why the investigators pushed for more.

During the Holy Land trial, evidence showed that Ahmad played a key role in organizing and leading a secret 1994 meeting of Hamas supporters in Philadelphia. It was called in response to the 1993 Oslo Accords, which offered the potential for a peace agreement between Israelis and Palestinians.

The FBI recorded the weekend-long meeting. Transcripts entered into evidence show that the group opposed the deal for two reasons: They, like Hamas, opposed any peaceful settlement to the conflict. And, the agreement empowered the secular Palestine Liberation Organization to lead the newly created Palestinian Authority, diminishing the influence and power of the Islamist Hamas movement.

Ahmad helped determine who should attend the meeting and called it to order. At one point, he acknowledged that the group cannot afford to be honest with the public about their true ideology.

“We’ve always demanded the 1948 territories,” he said, referring to all of Israel and not just the West Bank and Gaza.

“Yes, but we don’t say that publicly,” an unidentified speaker said. “You cannot say it publicly, in front of the Americans.”

“No,” Ahmad replied. “We didn’t say that to the Americans.”

Nihad Awad and Hamas

Awad participated in that 1994 meeting, too, and joined the others in following instructions to refer to Hamas only in code. Those in the meeting were admonished not to say “Hamas,” but refer instead to “sister Samah” – or Hamas spelled backward.

“If there is a political issue, a Samah’s input, for instance, about this or that, we inform people to contact their representatives,” Awad said during the Philadelphia meeting.

Awad’s true mission was spelled out during a 2010 interview FBI officials had with Mohamed Shorbagi, a former Rome, Ga. imam who pleaded guilty to conspiring to provide material support to Hamas through donations and service to the Holy Land Foundation, and agreed to cooperate with federal prosecutors, testifying twice for the government in Hamas-support cases.

Shorbagi remembered attending the 1994 Muslim Arab Youth Association (MAYA) conference in Chicago where the Palestine Committee organized break-out sessions. Shorbagi attended a political group discussion with Nihad Awad. Awad, he was told, had been sent by the IAP to Washington “in order to educate and inform U.S. political leaders about the Palestinian cause. His job was to influence the leaders of the U.S. government in favor of the Palestinian cause,” an FBI memo summarizing the interview said.

Shorbagi had a different take: “The IAP’s only purpose was to support Hamas through media work. [Name redacted]’s job within the IAP was to work for and support Hamas and nothing else,” an FBI report from his 2009 interview said.

The head of the IAP in Dallas told Shorbagi that Awad “went to Washington, D.C. for the IAP in order to represent Hamas.” But then the idea to start CAIR came to fruition and Awad was tasked with running the new organization. “It was known in the community that CAIR was under or influenced by the IAP because its (CAIR) leadership had come from the IAP.”

The timing and the claim that Ahmad sent Awad to Washington fits with other information already in the public domain.

Awad’s own account of his move to Washington, in an article he wrote in 2000, offers a more benign motivation, but matches Shorbagi in saying it was Ahmad who “proposed that I move to Washington, D.C., where any effective national effort would have to be based.”

During a 2003 deposition in a civil lawsuit, Awad said he served as public relations chief for the Islamic Association for Palestine (IAP) in 1993, then moved to Washington “to work for CAIR.” As mentioned, the IAP was the Palestine Committee’s media arm, publishing the Hamas charter and reproducing Hamas communiques. Awad denied knowledge of this fact and claimed he had never read the Hamas charter.

In the deposition, Awad described IAP merely as a “cultural association” and denied ever seeing or reading the Hamas charter. But Shorbagi told federal investigators that “IAP ‘festivals’ championed the cause of Hamas exclusively” after the intifada. This point is clearly established by video exhibits entered into evidence during the Holy Land Foundation trial.

In March 1994, Awad was part of a panel discussion at Miami’s Barry University. He said he used to support the PLO, but “after I researched the situation inside Palestine and outside, I am in support of the Hamas movement more than the PLO.” In the 2003 deposition, he claimed this was due to Hamas social services and not because of its violent attacks against Israel.

But in a November 1994 interview with “60 Minutes,” Mike Wallace asked Awad for his views of the “military undertakings of Hamas.”

“Well, I think that’s for people to judge there,” Awad said.

Wallace asked again.

“The United Nations Charter grants people who are under occupation to defend themselves against illegal occupation,” Awad said.

In addition to being the only executive director CAIR has had, Awad also serves as a national board member.

On social media posts a year ago, Awad argued that “Israel is the biggest threat to world peace and security,” making the statement between unrelated posts about acts of brutality committed by ISIS terrorists. Since then, other senior CAIR officials have issued their own Twitter posts arguing Israel is on par with ISIS.

Hamas officials in Gaza have taken notice of Shorbagi’s cooperation with the government. They were holding his passport, his father told him, “because the Holy Land Foundation received stiff prison sentences because of [Shorbagi]’s testimony on behalf of the U.S. Government. [Shorbagi]’s family warned him not to return to Gaza even for a few minutes.”

*** Ah, but there is more and if you can stand to know more truths on Muslim Organizations in America, click here. FOIA Exposes Deported CAIR Official’s Support for Jihad

More Hillary Emails are Missing Regarding her Server

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State Department can’t find emails of top Clinton IT staffer

The FBI has taken possession of Bryan Pagliano’s computer system.

Politico: The State Department has told Senate investigators it cannot find backup copies of emails sent by Bryan Pagliano, the top Hillary Clinton IT staffer who maintained her email server but has asserted his Fifth Amendment right and refused to answer questions on the matter.

State officials told the Senate Judiciary Committee in a recent closed-door meeting that they could not locate what’s known as a “.pst file” for Pagliano’s work during Clinton’s tenure, which would have included copies of the tech expert’s emails, according to a letter Chairman Chuck Grassley sent to Secretary of State John Kerry that was obtained by POLITICO.

The department also told the committee the FBI has taken possession of Pagliano’s government computer system, where traces of the messages are most likely to be found, according to the letter.

Grassley, an Iowa Republican, has been considering whether to grant Pagliano immunity in exchange for testimony on who approved Clinton’s private email setup and whether anyone raised any objections to the system. The controversy over her decision to bypass a government email address, which would have made her messages easier for reporters and the public to obtain, has dogged the presidential hopeful for much of the year, though it has subsided in recent weeks.

Pagliano — who worked for Clinton’s 2008 presidential campaign, then followed her to the State Department — has refused to discuss Clinton’s email arrangement or his role in it, invoking his right against self-incrimination before the House Benghazi Committee earlier this fall.

Clinton had personally paid Pagliano to maintain her home-made server, which is also currently in the FBI’s possession. The agency has been investigating whether classified material was ever put at risk because she used her own server instead of the standard State email system. The State Department has designated about 1,000 of her emails as classified documents, which would never have been allowed on such a private system. Clinton’s representatives maintain that the emails were not classified at the time they were sent.

Pagliano’s lawyer could not be reached for comment.

Grassley had requested Pagliano’s emails to help inform his decision whether to grant Pagliano immunity.

“Given that the committee is unable to obtain [Pagliano’s] testimony at this time, I am seeking copies of his official State Department emails relevant to the Committee’s inquiry before proceeding to consider whether it might be appropriate to grant him immunity and compel his testimony,” Grassley’s letter states. It notes that such emails are a “top priority” in a list of several outstanding Clinton-related inquiries the panel has sent to the department.

The State Department said that while it has located a backup for emails Pagliano sent after Clinton left State, officials cannot find the file for the backup covering work he did while she was still there.

“The Department has located a .pst from Mr. Pagliano’s recent work at the Department as a contractor, but the files are from after Secretary Clinton left the State Department. We have not yet located a .pst that covers the time period of Secretary Clinton’s tenure,” said Alec Gerlach, a State Department spokesman. “We are continuing to search for Mr. Pagliano’s emails which the Department may have otherwise retained. We will, of course, share emails responsive to Senator Grassley’s requests if we locate them.”

State, like many federal agencies, did not have a systematic email archiving system for years. When the server issue first arose in the spring, State acknowledged that it did not automatically archive the email traffic of senior employees — relying on them to make their own backups, or “.pst,” if needed. Under current rules, federal employees are responsible for ensuring their official emails are saved.

State has not asked Pagliano whether he has any official emails in his possession, as it has with other top Clinton staffers who used personal email for work. It is unclear if Pagliano’s Fifth Amendment rights would protect him from turning over such messages.

Grassley encouraged State to continue searching for Pagliano’s emails by looking at the back-up email files of other State employees he may have emailed about the Clinton server. He letter seeks “a full and detailed written explanation of why it failed to maintain an archive, copy, or backup of Mr. Pagliano’s email file,” among other requests related to the IT staffer’s emails.

While State hasn’t been able to meet Grassley’s requests so far, his letter did offer some rare praise for the department, commending Kerry and State for what Grassley called a “recent increase in cooperation and focus on the committee’s request.” The letter says Judiciary has prioritized 22 requests for information and received seven “fully complete responses” and nine “partially complete responses.”

And State, which has been bombarded by inquiries about Clinton’s email setup, seems to appreciate the recognition: “As Senator Grassley noted, the State Department has been working very closely with his staff to get him the requested information and documents, and we are making progress,” Gerlach added.

Grassley had been blocking the confirmation of about 20 of State’s Foreign Service nominees because the department hadn’t fulfilled various document requests, including those for another probe he’s conducting on the dual-employment status of top Clinton adviser Huma Abedin. Abedin advised Clinton while she was also working for a consulting company; Grassley has been asking for information about the arrangement since 2013.

Given State’s recent responsiveness, however, he recently dropped the 20 holds but maintained a block on two more high-level nominees: Brian James Egan to be a State legal adviser and David Malcolm Robinson to be assistant secretary for conflict and stabilization operations and coordinator for reconstruction and stabilization. In November, Grassley also added a third hold on another top-level Obama State Department nominee, Thomas Shannon Jr., to be undersecretary of state for political affairs.

Grassley in his recent letter, however, hinted that if State continues working with his committee at the current pace, he could be amenable to releasing his holds.

“Assuming the committee receives the additional items promised by your staff in yesterday’s meeting, I intend to take action to recognize this progress before Senators leave town for the holiday break,” he said, nodding specifically to any copies of Pagliano emails they could discover by searching other employee’s emails.

 

 

 

 

Terrifying DHS Testimony on Syrians

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DHS: We Have No Idea How Many Syrian Refugees Are In The US

A senior official at the Department of Homeland Security admitted the agency has no clue how many Syrian refugees have entered the United States in the past year, while under fire in an intense congressional hearing Thursday.

Kelli Ann Burriesci, deputy assistant secretary at DHS, told the House Oversight and Government Reform subcommittee DHS doesn’t know how many Syrians entered the United States or how many Americans left the United States for Syria in the past year, reported The Washington Free Beacon.

That answer did not please members of the National Security subcommittee, who had asked DHS to send Secretary Jeh Johnson to testify, but were sent Burriesci instead. Many of their questions went unanswered, to their apparent frustration.

“You can’t give us the number of people on expired visas?” Republican Rep. Ron DeSantis, the  subcommittee chairman, asked Burriesci. “You have staff? can they just call DHS so we get it before the hearing is over? This should not be that difficult.”

Republican Rep. Mark Meadows noted the last time DHS provided Congress with accurate numbers of visa overstays was more than two decades ago, in 1994.

“Islamic jihadists are on the march and 13 people were massacred in San Bernardino, yet DHS seems clueless about what is going on with potential threats to our security,” DeSantis said after the hearing, according to the Free Beacon. “Congress needs to plug holes in immigration programs ranging from the visa waiver program to the refugee program. The testimony by DHS today gave Americans serious cause for concern about whether our government has a handle on the threats we face.”

Forced imposition of Syrian refugees on states throughout the U.S., coupled by the recent attacks in Paris and San Bernardino, have prompted renewed scrutiny on immigration from countries with high levels of terror activity. Members of Congress have struggled to find answers and come up with quick solutions to prevent another terror attack from occurring.

Republican presidential candidate Donald Trump has proposed temporarily banning all Muslim immigration to the U.S.  About 20 percent of Democrats and 65 percent of Republicans expressed support for the proposal in a recent poll, although it has been widely denounced by the administration and members of Congress on both sides of the aisle.
Many seem disillusioned with what appears to be an administration ready to blame terror activity on anything but Islam. The San Bernardino attacks did not improve that perceived track record.

The Obama administration attempted to label the attacks as workplace violence, and a recent report indicated that the only reason the FBI held off classifying the acts as terrorism immediately is because of undue pressure from the White House.

The Variable Terror, Red Flag and Embargo Lists

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It is admitted by the General Accounting Office that flaws in watch-lists DO exists as noted by this report titled: TERRORIST WATCH LIST SCREENING

Opportunities Exist to Enhance Management Oversight, Reduce Vulnerabilities in Agency Screening Processes, and Expand Use of the List

It appears this reported dated 2007, has not been updated, amended or reviewed by Congress which is in large part, the debate today given the San Bernardino massacre by a pair of militant Islamists.

 

No-Fly List Is Only One of Many U.S. Watchlists
Obama wants to deny those on list from buying guns; GOP objects and ACLU wants reforms
WSJ: WASHINGTON—Last week’s mass shooting in San Bernardino is sparking a renewed debate about one of the most controversial domestic aspects of the war on terror: The U.S. government’s watchlists.

The federal government maintains several databases of people suspected of links to terrorism, including a no-fly list barring certain individuals from boarding airplanes in the U.S.

Those databases, especially the no-fly list, long have been challenged by civil libertarians regarding the lack of transparency about how and why people are included. Most individuals in the databases have never been charged with a crime and are only suspected of being involved with terrorism.

The no-fly list itself is the smallest of all the government terrorism watchlists with about 16,000 names at last count, though it has attracted the most public criticism and legal challenges. A federal court this year declared the government’s system for dealing with appeals and challenges to inclusion on the no-fly list are unconstitutional.
Passengers on the no-fly list are denied the ability to board flights, but previously weren’t given an explanation why. In response to a lawsuit, the government said this year it would tell passengers if they were on the list and offer them an opportunity to provide additional information as part of an administrative appeals process to potentially be removed from the list.

In the wake of the California attack that killed 14 people and that investigators say may have been inspired by Islamic State, Democrats want people who are banned from air travel to also be prevented from buying weapons. Republicans say such a ban would be overly broad and may deprive some Americans of their constitutional right to bear arms.

The text of a Senate bill didn’t explicitly mention either the no-fly list or any other terrorism list, but Democratic sponsors said it would in practice ban those on the government lists from buying guns. The proposal, which would gave the attorney general the power to block gun sales, was defeated in the Senate last week.

Still, President Barack Obama continued to make the case for the proposal in a speech from the Oval Office Sunday night. “Congress should act to make sure no one on a no-fly list is able to buy a gun. What could possibly be the argument for allowing a terrorist suspect to buy a semi-automatic weapon?” he said.
Some Republicans and other gun rights supporters have pointed to the high error rates and false positives in the government’s terrorism databases. In one notable incident, the late Massachusetts Sen. Ted Kennedy, a Democratic Party icon, was singled out for special scrutiny at airports because his name matched an alias used by a terrorist suspect.

“These are everyday Americans that have nothing to do with terrorism, they wind up on the no-fly list, there’s no due process or any way to get your name removed from it in a timely fashion, and now they’re having their Second Amendment rights being impeded upon,” Sen. Marco Rubio, a Republican presidential candidate, told CNN this week.

Various government agencies maintain databases on suspected terrorists, each with a different function. Most of those lists were either created or vastly expanded after the Sept. 11, 2001 terrorist attacks under President George W. Bush’s administration.

The National Counterterrorism Center runs a central repository of more than 1 million people called Terrorist Identities Datamart Environment, or TIDE. The TIDE database, which includes about 25,000 Americans as of 2013, is drawn from intelligence community sources and is classified.

An unclassified subset of the TIDE database is made available to law enforcement as part of the Terrorist Screening Database. That database contains biographical and biometric information about potential terrorists and can be accessed by local, state and federal law enforcement officials who don’t have security clearances. As of 2011, that database was said to contain about 420,000 names, according to the FBI.

The Transportation Security Administration receives an even smaller list of people subject to travel restrictions drawn from the Terrorist Screening Database. In addition to the 16,000 names on the no-fly list in 2011, another 16,000 were on the selectee list. The selectee list doesn’t prevent individuals from flying but subjects them to extra scrutiny.

Critics say that banning suspected terrorists from buying guns poses the same problems as banning them from traveling: namely, the lack of transparency around the process used and concern of depriving individuals of their rights over the mere suspicion of terrorism.

“There is no constitutional bar to reasonable regulation of guns and the no-fly list could serve as a tool for it—but only with major reform,” said Hina Shamsi, an attorney with the American Civil Liberties Union’s National Security Project.

Ms. Shamsi litigated the ACLU’s ongoing challenge to the no-fly list in federal court, winning a victory for several of her clients who were denied the right to travel. Several plaintiffs in the lawsuit were removed from the no-fly list and the government has made some modifications

“These lists are compiled on the basis of mere suspicions,” said Bruce Ackerman, a constitutional law scholar and professor at Yale University. “What we need is a system in which defense lawyers who have received security clearances can effectively challenge the government’s evidence.”

Per the U.S. State Department, there are several other lists.

Red Flags and Watch Lists

Red Flags

 

These links, and subsequent links found on these web pages, describe the efforts of the U.S. federal government in the area of export control through Project Shield America. The Department of Homeland Security’s Immigration and Customs Enforcement office takes a proactive stance on the prevention of illegal export of sensitive U.S. munitions and strategic technology. Through the inspection of outbound shipments at high-threat ports and border crossings, educational outreach to industry leaders, and international cooperation with foreign governments, Project Shield America endeavors to protect American technological accomplishment from adversaries. These links also inform the public about the effective role that it can play in deterring illegal export activity. “Red Flag Indicators,” from the Department of Commerce’s Bureau of Industry and Security, encourage citizens to play an active role in the fight against proliferation and highlights specific activity indicative of potential export violations.

 

 

U.S. Department of Homeland Security – Shield America Brochure
U.S. Department of Commerce – Red Flag Indicators
 

Watch Lists

The following links provide information on countries, companies, and individuals that the U.S. Departments of State, Commerce, and Treasury have determined constitute a potential threat to domestic export control initiatives. Additionally, summary information about embargoes and sanctions imposed by the United States, United Kingdom, and the United Nations can be found below.

AECA Debarred List – Entities and individuals prohibited from participating directly or indirectly in the export of defense articles, including technical data and defense services.  Pursuant to the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), the AECA Debarred List includes persons convicted in court of violating or conspiring to violate the AECA and subject to “statutory debarment” or persons established to have violated the AECA in an administrative proceeding and subject to “administrative debarment.”

U.S. Denied Persons List – Individuals and entities that have been denied export privileges. Any dealings with a party on this list that would violate the terms of its denial order are prohibited.

U.S. Unverified List – The Unverified List includes names and countries of foreign persons who in the past were parties to a transaction with respect to which the Bureau of Industry and Security (BIS) could not conduct a pre-license check (PLC) or a post-shipment verification (PSV) for reasons outside of the U.S. Government’s control. Any transaction to which a listed person is a party will be deemed by BIS to raise a Red Flag.

U.S. Specially Designated Nationals Lists – OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called “Specially Designated Nationals” or “SDNs.” Their assets are blocked and U.S. persons are generally prohibited from dealing with them.

Entity List –  Parties whose presence in a transaction can trigger a license requirement supplemental to those elsewhere in the Export Administration Regulations (EAR). The list specifies the license requirements and policy that apply to each listed party.

U.S. Embargo Reference Chart – Foreign countries against which the United States federal government has imposed controls for the export of defense articles and services.

Consolidated Screening List – Link to a downloadable file that consolidates export screening lists of the Departments of Commerce, State and the Treasury into one spreadsheet as an aide to industry in conducting electronic screens of potential parties to regulated transactions. UK Embargoes – A reference point for lists of UN, EU, OSCE, and UK sanctions.