Category Archives: DOJ, DC and inside the Beltway

Here it Comes: ATF Regs Unified Agenda

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As Obama begins to finalize his regime in the White House, he is reviewing his to-do list and checking it twice. Several items remain unfinished and he aims to get his gold star to complete all of them. One of them is moving to deeper restrictions on gun-ownership.

Barack Obama has a new chief lawyer at the Justice Department, Loretta Lynch and she is in full lock step to lead the ATF, Alcohol, Tobacco and Firearms Division to complete the Unified Agenda. ( You will note if you click Unified Agenda, the .pdf document is not there….hummm). For some real lengthy reading here is the full federal government Unified Agenda.

ATF weapons definitions are here and updated as of 2011.

Administration preps new gun regulations

The Justice Department plans to move forward this year with more than a dozen new gun-related regulations, according to list of rules the agency has proposed to enact before the end of the Obama administration.

The regulations range from new restrictions on high-powered pistols to gun storage requirements. Chief among them is a renewed effort to keep guns out of the hands of people who are mentally unstable or have been convicted of domestic abuse.

Gun safety advocates have been calling for such reforms since the Sandy Hook school shooting nearly three years ago in Newtown, Conn. They say keeping guns away from dangerous people is of primary importance.

But the gun lobby contends that such a sweeping ban would unfairly root out a number of prospective gun owners who are not a danger to society.

“It’s clear President Obama is beginning his final assault on our Second Amendment rights by forcing his anti-gun agenda on honest law-abiding citizens through executive force,” said Luke O’Dell, vice president of political affairs at the National Association for Gun Rights.

The Justice Department plans to issue new rules expanding criteria for people who do not qualify for gun ownership, according to the recently released Unified Agenda, which is a list of rules that federal agencies are developing.

Some of the rules come in response to President Obama’s call to reduce gun violence in the wake of Sandy Hook. He issued 23 executive actions shortly after the shooting aimed at keeping guns away from dangerous people, and some of those items remain incomplete.

“If America worked harder to keep guns out of the hands of dangerous people, there would be fewer atrocities like the one that occurred in Newtown,” Obama said at the time.

“We can respect the Second Amendment while keeping an irresponsible, law-breaking few from inflicting harm on a massive scale,” he added.

Gun control groups have rallied around Obama’s call to action, zeroing in on polices that would keep guns away from the mentally ill and domestic abusers.

Congressional efforts to expand background checks and keep guns away from dangerous people have failed in recent years, but the legislative defeats won’t stop the Justice Department from regulating.

The Justice Department’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is looking to revive a rule proposed way back in 1998 that would block domestic abusers from owning guns.

As proposed, the regulation makes it illegal for some who has been convicted of a misdemeanor domestic violence offense to own a gun.

The ATF plans to finalize the rule by November, according to the Unified Agenda.
But gun rights advocates are concerned the Obama administration will use this rule to unfairly target certain gun owners.

“That could be a person who spanked his kid, or yelled at his wife, or slapped her husband,” warned Michael Hammond, legislative counsel for the Gun Owners of America.

The Brady Campaign to Prevent Gun Violence, Everytown for Gun Safety, and Americans for Responsible Solutions did not immediately respond to requests for comment.

But Everytown, a group financially backed by former New York Mayor Michael Bloomberg, has argued that keeping guns out of the hands of domestic abusers can be a matter of life or death.

“American women are 11 times more likely to be shot and killed than women in other developed countries,” the group argues. “The high rate of domestic violence deaths in America is directly related to our weak gun laws. But we know that smart gun laws can—and do—stop domestic abuse from turning into murder.”

The ATF is also looking to prohibit the mentally ill from owning firearms, which is attracting even more criticism from gun rights groups.

“The Obama administration is trying very hard to disqualify people from owning a gun on the basis that they are seeing a psychologist,” Hammond argued.

The NRA contends that many people who are mentally ill may not necessarily pose a danger to society — or as the gun lobby puts it, the policy “snares masses of mostly harmless individuals.”

Gun rights advocates argue it would be more effective to ban people on an individual basis, as opposed to banning all people who are mentally ill.

“A person who experienced a temporary reaction to a traumatic event or who has trouble handling household finances may well be treated the same as a violent psychopath,” the NRA wrote.
“Not only is this unjust and stigmatizing, it creates disincentives for those who need mental health treatment to seek it, increasing whatever risks are associated with untreated mental illness,” it added.

Aside from these issues, some gun rights advocates have also raised concerns about upcoming ATF rules that would require gun dealers to report gun thefts, provide gun storage and safety devices, and place restrictions on high-powered pistols, among other things.

“The Obama administration hates the Second Amendment, and it’s clear that every place where it can push, it will,” said Hammond. “This is an indication of an anti-gun administration trying to annoy us in any way it can.”

Surveillance State, Your Touch and Your Smartphone

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There was a Rand Paul filibuster last week over the NSA broad sweep of citizen’s private affairs. Senator Paul does have a major point in his efforts to protect our privacy yet to what ends when it comes to national security? He pledges to take the matter of the vote on the NSA to see the Patriot Act end.

There is yet another piece of legislation that is important to understand. The USA Freedom Act. In part:

Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet Collection, and Online Monitoring Act

H.R. 3361/ S. 1599

Purpose:  To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC.

End bulk collection of Americans’ communications records

• The USA Freedom Act ends bulk collection under Section 215 of the Patriot Act.
• The bill would strengthen the prohibition on “reverse targeting” of Americans—that is, targeting a foreigner with the goal of obtaining communications involving an American.
• The bill requires the government to more aggressively filter and discard information about Americans accidentally collected through PRISM and related programs.

Reform the Foreign Intelligence Surveillance Court

• The USA Freedom Act creates an Office of the Special Advocate (OSA) tasked with promoting privacy interests before the FISA court’s closed proceedings. The OSA will have the authority to appeal decisions of the FISA court.
• The bill creates new and more robust reporting requirements to ensure that Congress is aware of actions by the FISC and intelligence community as a whole.
• The bill would grant the Privacy and Civil Liberties Oversight  Board subpoena authority to investigate issues related to privacy and national security.

Increase Transparency

• The USA Freedom Act would end secret laws by requiring the Attorney General to publicly disclose all FISC decisions issued after July 10, 2003 that contain a significant construction or interpretation of law.
• Under the bill, Internet and telecom companies would be allowed to publicly report an estimate of (1) the number of FISA orders and national security letters received, (2) the number of such orders and letters complied with, and (3) the number of users or accounts on whom information was demanded under the orders and letters.
• The bill would require the government to make annual or semiannual public reports estimating the total number of individuals and U.S. persons that were subject to FISA orders authorizing electronic surveillance, pen/trap devices, and access to business records.

DONT APPLAUD JUST YET…this next introduction of technology is very chilling. When does it all stop with surveillance?

NSA will Track Your Smartphone Finger Strokes

Smartphone technology built by Lockheed Martin promises to verify a user’s identity based on the swiftness and shape of the individual’s finger strokes on a touch screen. The mobile device feature, created by Lockheed Martin, verifies a user’s identity based on the swiftness and shape of the individual’s finger strokes on a touch screen. The technology is but one incarnation of handwriting-motion recognition, sometimes called “dynamic signature” biometrics, that has roots in the Air Force. “Nobody else has the same strokes,” said John Mears, senior fellow for Lockheed IT and Security Solutions. “People can forge your handwriting in two dimensions, but they couldn’t forge it in three or four dimensions. Three is the pressure you put in, in addition to the two dimensions on the paper. The fourth dimension is time. The most advanced handwriting-type authentication tracks you in four dimensions.”  The biometric factors measured by Lockheed’s technology, dubbed “Mandrake,” are speed, acceleration and the curve of an individual’s strokes. “We’ve done work with the NSA with that for secure gesture authentication as a technique for using smartphones,” Mears said. “They are actually able to use it.” According to Defense One . Lockheed officials said they do not know how or if the agency has operationally deployed the Mandrake smartphone doodling-recognition tool. The company also is the architect of the FBI’s recently completed $1 billion facial, fingerprint, palm print, retina scan and tattoo image biometric ID system. That project, called the Next Generation Identification system, could tie in voice and “gait matching” (how a person walks) in the future, the bureau has said. Mandrake potentially might be useful for emergency responders who often do not have the time or capability to access an incident command website, Mears said.

Dept. of Justice Takes Cleveland PD as Next Victim

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The Obama administration published a formal edict to assume by fiat control and law enforcement across the country. It appears this is occurring city by city as the Justice Department under AG Eric Holder passing the baton to AG Loretta Lynch where Cleveland, Ohio is the next victim.

Cleveland Police are fighting back while the department sits on the knife’s edge with the Federal government. It comes down to money. This is while the Cleveland Police Department does community outreach.

The extortion begin where the U.S. Department of Justice issued a 110 page report which states the demands to be made by Cleveland Police. That report in full is found here.

Items such as discipline, training, weapons use including non-lethal methods, mental health and body cameras as well as more items come into full play with laying at the feet of Cleveland police dramatically reduced authority and community management. This will costs lives all around for officers as they are now essentially suspects in each citizen encounter.

Cleveland police union says Justice Department reforms would endanger police

CLEVELAND, Ohio — The head of the Cleveland police department’s patrol union said aspects of the agreement that mandates sweeping reforms to the city’s police department could put officers in danger.

Officers could be hesitant to draw their guns because doing so would result in more paperwork under the terms of the agreement, Cleveland Police Patrolman’s Association president Steve Loomis said Wednesday. The agreement requires an officer to complete a report each time he or she points a gun at a suspect.

“It’s going to get somebody killed,” Loomis said. “There’s going to be a time when someone isn’t going to want to do that paperwork, so he’s going to keep that gun in its holster.”

Cleveland and the U.S. Department of Justice unveiled the agreement, known as a consent decree, Tuesday. It is meant to transform a police department that too often used excessive force and failed to conduct thorough internal investigations, according to an investigation by the Justice Department. The agreement will become legally binding once approved by a federal judge.

Loomis said he believes the 105 pages of reforms are a response to high-profile incidents that have happened nationwide, rather than to incidents that have happened in Cleveland, including the 2012 police chase that saw 13 officers fire at two unarmed people 137 times, the police shooting death of 12-year-old Tamir Rice and the death of a mentally ill woman after officers forced her to the ground.

“This is a political agenda,” he said. “This has nothing to do with the actions of the men and women of the Cleveland police department.”

A Justice Department report released in December said that officers misused Tasers, routinely struck citizens in the head with the butt of their guns, shot at fleeing suspects, beat citizens prone in handcuffs and were inadequately trained to handle people with mental illnesses.

The outspoken Loomis said a Justice Department investigation last year overstates how often officers use force. Officers arrested more than 31,000 people last year and used force approximately 400 times, he said.  Read more here.

 

 

Lynch To Open IRS Investigation?

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Department of Justice to finally open an investigation into the IRS targeting? Congressman Paul Ryan transmits letter to Attorney General Loretta Lynch.

To read the letter and see the signatures click here. Key section of letter in part:

Ms. Lerner used her position to improperly influence agency action against only conservative organizations, denying these groups due process and equal protection rights under the law.

Ms. Lerner impeded official investigations by providing misleading statements in response to questions from the Treasury Inspector General for Tax Administration (TIGTA).

Ms. Lerner risked exposing, and may actually have disclosed, confidential taxpayer information, in apparent violation of Internal Revenue Code section 6103 by using her personal email to conduct official business.

Paul Ryan on Thursday sent his first official letter to Loretta Lynch, the new U.S. attorney general. With luck, Ms. Lynch will take a few moments out of her international soccer crackdown to give it a glance.

Signed by every Republican member of the House Ways and Means Committee, which Mr. Ryan heads, the letter is a forceful request that Ms. Lynch channel just a smidgen of her famed prosecutorial skill into the largest abuse of government power in decades: the IRS targeting scandal. It’s now been two full years since a little-known IRS bureaucrat named Lois Lerner admitted that her agency systematically collected the names of conservative groups, harassed them, and denied their right to participate in elections. It’s been two full years since the Justice Department opened an investigation. And it’s been two full years of crickets.

While Ms. Lynch was this week orchestrating a dramatic dawn raid and the arrest of seven international soccer officials, the IRS’s offices continued to operate as if nothing ever happened. Two years ago, in the days following the targeting revelations, the administration sacked Acting IRS Commissioner Steven Miller only because it had to. Ms. Lerner, who had led the exempt organizations division, was allowed to retire with full pension benefits. Holly Paz, her effective deputy, was put on administrative leave. Everyone else is still at their desks. Not a single official—there or gone—has faced prosecution.

The Ryan letter asks Ms. Lynch to finally answer his committee’s 2014 referral of Ms. Lerner to the Justice Department for criminal prosecution. That referral has been largely lost to time and other headlines. Most of the focus last year was on the House’s decision to issue a contempt citation against Ms. Lerner, for improperly asserting her Fifth Amendment rights and refusing to answer its questions about her time at the IRS. In March of this year, U.S. Attorney for the District of Columbia Ronald Machen, who has since resigned, informed Speaker John Boehner that he was refusing to bring that contempt citation before a grand jury.

That’s a pity. Note, though, that the citation dealt only with Ms. Lerner’s after-the-fact behavior in front of Congress. Investigators have also compiled compelling evidence that she may have broken the law while overseeing the targeting of conservative groups. Nearly a month before Mr. Boehner sent out the citation, the Ways and Means Committee (then under Rep. Dave Camp) sent a letter to Justice making the case that Ms. Lerner should be criminally prosecuted for her time at the IRS. The Justice Department has never responded to that letter.

Specifically, the committee provided documents that show three acts by Ms. Lerner that may have violated criminal statutes. One, she helped to target only conservative organizations, thereby robbing them of equal protection and due process. Two, she may have impeded the Treasury inspector general’s investigation of the matter by giving misleading statements. Three, she risked exposing (and may have exposed) confidential taxpayer information by using her personal email address to conduct official business.

And that’s only what we know so far. Congress’s problem is that the IRS has stonewalled it at every turn. The Treasury inspector general, J. Russell George, has become tentative after all the Democratic criticism of his probe. It seems the Justice Department is the only body with the powers to shake loose some answers about what happened.

The Ryan letter asks Ms. Lynch to tell him the status of that referral, and Speaker Boehner chimed in with a statement calling for the new attorney general to prove to Americans that “justice will be served.”

Ms. Lynch’s response will be enormously telling about her view of her job. Well before the IRS scandal broke, former Attorney General Eric Holder had already built a reputation as one of the most partisan and political holders of the office in history. It was never really a surprise that Justice assigned the IRS probe to a staff attorney who was a Obama donor, or that the FBI early on leaked that it didn’t intend any prosecutions, or that Mr. Holder ignored calls for a special prosecutor. The likelihood that he’d act dropped further as evidence came out that his own Justice attorneys were implicated in Ms. Lerner’s targeting.

Meanwhile, today’s IRS commissioner, John Koskinen, has been unable to acknowledge that someone at his agency might have engaged in intentional wrongdoing. This attitude, combined with Justice’s inaction, creates the scary potential of an IRS targeting repeat. When nobody in a position of authority or with police power is willing to even question whether some in the IRS might be bad actors, there is no guard whatsoever against a Lerner 2.0.

One of Ms. Lynch’s specialties in her previous post as U.S. attorney for the eastern district of New York was political corruption. She knows that government officials can and do break the law. If she ignores or skirts the Ryan letter, the country will see that it has another Obama partisan sitting in the attorney general seat. If she acts, she might instead restore some public faith in two of the nation’s least respected institutions: the Justice Department and the IRS. It doesn’t seem such a hard choice.

 

 

Stuxnet V. 1 Success V. 2 North Korea Failed

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Iran wasn’t the only country that had its nuclear ambitions targeted by a sneaky US cyberattack. It turns out the American government also tried to take down North Korea’s nuclear programs with the Stuxnet worm five years ago, Reuters reports. But there was one major difference: That attack ultimately flamed out. While the US managed to get Stuxnet into Iran’s nuclear facilities (reportedly by hacking suppliers), which ultimately led to the destruction of more than a thousand uranium enriching centrifuges, it never managed to get it into North Korea’s core systems. It turns out having an extremely isolated network worked in North Korea’s favor. That’s particularly ironic since Stuxnet quickly made its way out of Iran and wreaked havoc across the web.

The operation began in tandem with the now-famous Stuxnet attack that sabotaged Iran’s nuclear program in 2009 and 2010 by destroying a thousand or more centrifuges that were enriching uranium. Reuters and others have reported that the Iran attack was a joint effort by U.S. and Israeli forces.
According to one U.S. intelligence source, Stuxnet’s developers produced a related virus that would be activated when it encountered Korean-language settings on an infected machine.
But U.S. agents could not access the core machines that ran Pyongyang’s nuclear weapons program, said another source, a former high-ranking intelligence official who was briefed on the program.
The official said the National Security Agency-led campaign was stymied by North Korea’s utter secrecy, as well as the extreme isolation of its communications systems. A third source, also previously with U.S. intelligence, said he had heard about the failed cyber attack but did not know details.
North Korea has some of the most isolated communications networks in the world. Just owning a computer requires police permission, and the open Internet is unknown except to a tiny elite. The country has one main conduit for Internet connections to the outside world, through China.
In contrast, Iranians surfed the Net broadly and had interactions with companies from around the globe.


A spokeswoman for the NSA declined to comment for this story. The spy agency has previously declined to comment on the Stuxnet attack against Iran.
The United States has launched many cyber espionage campaigns, but North Korea is only the second country, after Iran, that the NSA is now known to have targeted with software designed to destroy equipment.
Washington has long expressed concerns about Pyongyang’s nuclear program, which it says breaches international agreements. North Korea has been hit with sanctions because of its nuclear and missile tests, moves that Pyongyang sees as an attack on its sovereign right to defend itself.
U.S. Secretary of State John Kerry said last week that Washington and Beijing were discussing imposing further sanctions on North Korea, which he said was “not even close” to taking steps to end its nuclear program.

Experts in nuclear programs said there are similarities between North Korea and Iran’s operations, and the two countries continue to collaborate on military technology.
Both countries use a system with P-2 centrifuges, obtained by Pakistani nuclear scientist A.Q. Khan, who is regarded as the father of Islamabad’s nuclear bomb, they said.
Like Iran, North Korea probably directs its centrifuges with control software developed by Siemens AG that runs on Microsoft Corp’s Windows operating system, the experts said. Stuxnet took advantage of vulnerabilities in both the Siemens and Microsoft programs.
Because of the overlap between North Korea and Iran’s nuclear programs, the NSA would not have had to tinker much with Stuxnet to make it capable of destroying centrifuges in North Korea, if it could be deployed there.
Despite modest differences between the programs, “Stuxnet can deal with both of them. But you still need to get it in,” said Olli Heinonen, senior fellow at Harvard University’s Belfer Center for Science and International Affairs and former deputy director general of the International Atomic Energy Agency.
NSA Director Keith Alexander said North Korea’s strict limitations on Internet access and human travel make it one of a few nations “who can race out and do damage with relative impunity” since reprisals in cyberspace are so challenging.
When asked about Stuxnet, Alexander said he could not comment on any offensive actions taken during his time at the spy agency.
David Albright, founder of the Institute for Science and International Security and an authority on North Korea’s nuclear program, said U.S. cyber agents probably tried to get to North Korea by compromising technology suppliers from Iran, Pakistan or China.
“There was likely an attempt” to sabotage the North Korean program with software, said Albright, who has frequently written and testified on the country’s nuclear ambitions.

The Stuxnet campaign against Iran, code-named Olympic Games, was discovered in 2010. It remains unclear how the virus was introduced to the Iranian nuclear facility in Natanz, which was not connected to the Internet.
According to cybersecurity experts, Stuxnet was found inside industrial companies in Iran that were tied to the nuclear effort. As for how Stuxnet got there, a leading theory is that it was deposited by a sophisticated espionage program developed by a team closely allied to Stuxnet’s authors, dubbed the Equation Group by researchers at Kaspersky Lab.
The U.S. effort got that far in North Korea as well. Though no versions of Stuxnet have been reported as being discovered in local computers, Kaspersky Lab analyst Costin Raiu said that a piece of software related to Stuxnet had turned up in North Korea.
Kaspersky had previously reported that the software, digitally signed with one of the same stolen certificates that had been used to install Stuxnet, had been submitted to malware analysis site VirusTotal from an electronic address in China. But Raiu told Reuters his contacts had assured him that it originated in North Korea, where it infected a computer in March or April 2010.
Some experts said that even if a Stuxnet attack against North Korea had succeeded, it might not have had that big an impact on its nuclear weapons program. Iran’s nuclear sites were well known, whereas North Korea probably has at least one other facility beyond the known Yongbyon nuclear complex, former officials and inspectors said.
In addition, North Korea likely has plutonium, which does not require a cumbersome enrichment process depending on the cascading centrifuges that were a fat target for Stuxnet, they said.
Jim Lewis, an advisor to the U.S. government on cybersecurity issues and a senior fellow at the Center for Strategic and International Studies, said there are limitations to cyber offense.
A cyber attack “is not something you can release and be sure of the results,” Lewis said.