U.S. Constant State of Emergency

From the White House on National Security:

Progress

Guiding Principles

The President’s highest priority is to keep the American people safe. He is committed to ensuring the United States is true to our values and ideals while also protecting the American people. The President is committed to securing the homeland against 21st century threats by preventing terrorist attacks and other threats against our homeland, preparing and planning for emergencies, and investing in strong response and recovery capabilities. We will help ensure that the Federal Government works with states and local governments, and the private sector as close partners in a national approach to prevention, mitigation, and response.

The National Security Strategy, released May 27, 2010, lays out a strategic approach for advancing American interests, including the security of the American people, a growing U.S. economy, support for our values, and an international order that can address 21st century challenges.

But the last time a National Security strategy was addressed in total was 2010.

Meanwhile, see below.

The United States is in a state of emergency – 30 of them, in fact

The United States has been in an uninterrupted state of national emergency since 1979. Here in 2014, we’re not dealing with just one emergency – there are currently 30 of them in effect.

That’s according to data on presidential declarations of emergency compiled by Gregory Korte of USA Today. “Those emergencies, declared by the president by proclamation or executive order, give the president extraordinary powers — to seize property, call up the National Guard and hire and fire military officers at will,” Korte writes.

President Obama has declared nine so far, eight of which are currently in effect — they primarily deal with preventing business with people or organizations involved in global conflicts or the drug trade. Obama has also renewed many of his predecessors’ orders — just last week he renewed our ongoing state of emergency with respect to Iran for its 36th straight year.

Ronald Reagan and George H.W. Bush took a light touch on declarations of emergency – they invoked only a handful, none of which remain in effect. But Bill Clinton proclaimed 16 emergencies and George W. Bush declared 14, 13 of which are still in effect today.

Blocking business transactions with various interests may not seem like national emergency material. But the language underlying these declarations is often nearly apocalyptic. Obama’s recent continuation of a Bush-era emergency relating to “the property of certain persons contributing to the conflict” in the Democratic Republic of the Congo states that “this situation continues to pose an unusual and extraordinary threat to the foreign policy of the United States.”

The Obama administration also maintains that “the actions and policies of certain members of the Government of Belarus and other persons continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.”

You may wonder why the president needs to declare a state of emergency to deal with what appears to be fairly routine instances of corruption in far-flung corners of the world. Korte notes that Congress provides little oversight on emergency declarations, even through it’s mandated to do so by law. In an era when tussles over executive power are a near-daily occurrence, this is a strange incongruity.

“What the National Emergencies Act does is like a toggle switch, and when the president flips it, he gets new powers. It’s like a magic wand. and there are very few constraints about how he turns it on,” said Kim Lane Scheppele, a Princeton professor interviewed by Korte.

In the absence of a crisis, there’s little compelling reason for a government to adopt a permanent crisis stance. The danger is that a public desensitized to claims to extraordinary circumstances could be more likely to allow excesses of authority performed in the name of those circumstances.

As Korte writes, “A post-9/11 state of national emergency declared by President George W. Bush — and renewed six times by President Obama — forms the legal basis for much of the war on terror” — a war which has so far seen a rise in terrorism around the globe.

Amnesty/Deportation, Obama’s Scam

22 Times President Obama Said He Couldn’t Ignore or Create His Own Immigration Law

With the White House poised to grant executive amnesty any day now despite the American people’s staunch opposition, on Sunday President Obama was asked about the many, many statements he made in the past about his inability to unilaterally change or ignore immigration law. His response was astonishingly brazen: “Actually, my position hasn’t changed. When I was talking to the advocates, their interest was in me, through executive action, duplicating the legislation that was stalled in Congress.”

This is a flagrant untruth: “In fact, most of the questions that were posed to the president over the past several years were about the very thing that he is expected to announce within a matter of days,” reported The New York Times. “[T]he questions actually specifically addressed the sorts of actions that he is contemplating now,” The Washington Post’s Fact Checker agreed, awarding President Obama the rare “Upside-Down Pinocchio,” which signifies “a major-league flip-flop.” Even FactCheck.org piled on.

President Obama is once again trying to mislead Americans, but he can’t run from what he’s said over and over (and over) again. Not only are Americans not stupid – they can read:

  1. “I take the Constitution very seriously. The biggest problems that we’re facing right now have to do with [the president] trying to bring more and more power into the executive branch and not go through Congress at all. And that’s what I intend to reverse when I’m President of the United States of America.” (3/31/08)
  2. “We’ve got a government designed by the Founders so that there’d be checks and balances. You don’t want a president who’s too powerful or a Congress that’s too powerful or a court that’s too powerful. Everybody’s got their own role. Congress’s job is to pass legislation. The president can veto it or he can sign it. … I believe in the Constitution and I will obey the Constitution of the United States. We’re not going to use signing statements as a way of doing an end-run around Congress.” (5/19/08)
  3. “Comprehensive reform, that’s how we’re going to solve this problem. … Anybody who tells you it’s going to be easy or that I can wave a magic wand and make it happen hasn’t been paying attention to how this town works.” (5/5/10)
  4. “[T]here are those in the immigrants’ rights community who have argued passionately that we should simply provide those who are [here] illegally with legal status, or at least ignore the laws on the books and put an end to deportation until we have better laws. … I believe such an indiscriminate approach would be both unwise and unfair. It would suggest to those thinking about coming here illegally that there will be no repercussions for such a decision. And this could lead to a surge in more illegal immigration. And it would also ignore the millions of people around the world who are waiting in line to come here legally. Ultimately, our nation, like all nations, has the right and obligation to control its borders and set laws for residency and citizenship.  And no matter how decent they are, no matter their reasons, the 11 million who broke these laws should be held accountable.” (7/1/10)
  5. “I do have an obligation to make sure that I am following some of the rules. I can’t simply ignore laws that are out there. I’ve got to work to make sure that they are changed.” (10/14/10)
  6. I am president, I am not king. I can’t do these things just by myself. We have a system of government that requires the Congress to work with the Executive Branch to make it happen. I’m committed to making it happen, but I’ve got to have some partners to do it. … The main thing we have to do to stop deportations is to change the laws. … [T]he most important thing that we can do is to change the law because the way the system works – again, I just want to repeat, I’m president, I’m not king. If Congress has laws on the books that says that people who are here who are not documented have to be deported, then I can exercise some flexibility in terms of where we deploy our resources, to focus on people who are really causing problems as a opposed to families who are just trying to work and support themselves. But there’s a limit to the discretion that I can show because I am obliged to execute the law. That’s what the Executive Branch means. I can’t just make the laws up by myself. So the most important thing that we can do is focus on changing the underlying laws.” (10/25/10)
  7. “America is a nation of laws, which means I, as the President, am obligated to enforce the law. I don’t have a choice about that. That’s part of my job. But I can advocate for changes in the law so that we have a country that is both respectful of the law but also continues to be a great nation of immigrants. … With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed …. [W]e’ve got three branches of government. Congress passes the law. The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws. There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.” (3/28/11)
  8. “I can’t solve this problem by myself. … [W]e’re going to have to have bipartisan support in order to make it happen. … I can’t do it by myself. We’re going to have to change the laws in Congress, but I’m confident we can make it happen.” (4/20/11)
  9. “I know some here wish that I could just bypass Congress and change the law myself.  But that’s not how democracy works.  See, democracy is hard.  But it’s right. Changing our laws means doing the hard work of changing minds and changing votes, one by one.” (4/29/11)
  10. “Sometimes when I talk to immigration advocates, they wish I could just bypass Congress and change the law myself. But that’s not how a democracy works. What we really need to do is to keep up the fight to pass genuine, comprehensive reform. That is the ultimate solution to this problem. That’s what I’m committed to doing.” (5/10/11)
  11. “I swore an oath to uphold the laws on the books …. Now, I know some people want me to bypass Congress and change the laws on my own. Believe me, the idea of doing things on my own is very tempting. I promise you. Not just on immigration reform. But that’s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.” (7/25/11)
  12. “So what we’ve tried to do is within the constraints of the laws on the books, we’ve tried to be as fair, humane, just as we can, recognizing, though, that the laws themselves need to be changed. … The most important thing for your viewers and listeners and readers to understand is that in order to change our laws, we’ve got to get it through the House of Representatives, which is currently controlled by Republicans, and we’ve got to get 60 votes in the Senate. … Administratively, we can’t ignore the law. … I just have to continue to say this notion that somehow I can just change the laws unilaterally is just not true.  We are doing everything we can administratively.  But the fact of the matter is there are laws on the books that I have to enforce.  And I think there’s been a great disservice done to the cause of getting the DREAM Act passed and getting comprehensive immigration passed by perpetrating the notion that somehow, by myself, I can go and do these things.  It’s just not true. … We live in a democracy.  You have to pass bills through the legislature, and then I can sign it.  And if all the attention is focused away from the legislative process, then that is going to lead to a constant dead-end. We have to recognize how the system works, and then apply pressure to those places where votes can be gotten and, ultimately, we can get this thing solved.” (9/28/11)

In June 2012, President Obama unilaterally granted deferred action for childhood arrivals (DACA), allowing “eligible individuals who do not present a risk to national security or public safety … to request temporary relief from deportation proceedings and apply for work authorization.” He then argued that he had already done everything he could legally do on his own:

  1. “Now, what I’ve always said is, as the head of the executive branch, there’s a limit to what I can do. Part of the reason that deportations went up was Congress put a whole lot of money into it, and when you have a lot of resources and a lot more agents involved, then there are going to be higher numbers. What we’ve said is, let’s make sure that you’re not misdirecting those resources. But we’re still going to, ultimately, have to change the laws in order to avoid some of the heartbreaking stories that you see coming up occasionally. And that’s why this continues to be a top priority of mine. … And we will continue to make sure that how we enforce is done as fairly and justly as possible. But until we have a law in place that provides a pathway for legalization and/or citizenship for the folks in question, we’re going to continue to be bound by the law. … And so part of the challenge as President is constantly saying, ‘what authorities do I have?’” (9/20/12)
  2. “We are a nation of immigrants. … But we’re also a nation of laws. So what I’ve said is, we need to fix a broken immigration system. And I’ve done everything that I can on my own[.]” (10/16/12)
  3. I’m not a king. I am the head of the executive branch of government. I’m required to follow the law. And that’s what we’ve done. But what I’ve also said is, let’s make sure that we’re applying the law in a way that takes into account people’s humanity. That’s the reason that we moved forward on deferred action. Within the confines of the law we said, we have some discretion in terms of how we apply this law.” (1/30/13)
  4. I’m not a king. You know, my job as the head of the executive branch ultimately is to carry out the law.  And, you know, when it comes to enforcement of our immigration laws, we’ve got some discretion. We can prioritize what we do. But we can’t simply ignore the law. When it comes to the dreamers, we were able to identify that group and say, ‘These folks are generally not a risk. They’re not involved in crime. … And so let’s prioritize our enforcement resources.’ But to sort through all the possible cases of everybody who might have a sympathetic story to tell is very difficult to do. This is why we need comprehensive immigration reform. To make sure that once and for all, in a way that is, you know, ratified by Congress, we can say that there is a pathway to citizenship for people who are staying out of trouble, who are trying to do the right thing, who’ve put down roots here. … My job is to carry out the law. And so Congress gives us a whole bunch of resources. They give us an order that we’ve got to go out there and enforce the laws that are on the books.  … If this was an issue that I could do unilaterally I would have done it a long time ago. … The way our system works is Congress has to pass legislation. I then get an opportunity to sign it and implement it.” (1/30/13)
  5. “This is something I’ve struggled with throughout my presidency. The problem is that I’m the president of the United States, I’m not the emperor of the United States. My job is to execute laws that are passed. And Congress right now has not changed what I consider to be a broken immigration system. And what that means is that we have certain obligations to enforce the laws that are in place even if we think that in many cases the results may be tragic.” (2/14/13)
  6. “I think that it is very important for us to recognize that the way to solve this problem has to be legislative. I can do some things and have done some things that make a difference in the lives of people by determining how our enforcement should focus. … And we’ve been able to provide help through deferred action for young people …. But this is a problem that needs to be fixed legislatively.” (7/16/13)
  7. My job in the executive branch is supposed to be to carry out the laws that are passed. Congress has said ‘here is the law’ when it comes to those who are undocumented, and they’ve allocated a whole bunch of money for enforcement. And, what I have been able to do is to make a legal argument that I think is absolutely right, which is that given the resources that we have, we can’t do everything that Congress has asked us to do. What we can do is then carve out the DREAM Act folks, saying young people who have basically grown up here are Americans that we should welcome. … But if we start broadening that, then essentially I would be ignoring the law in a way that I think would be very difficult to defend legally. So that’s not an option. … What I’ve said is there is a there’s a path to get this done, and that’s through Congress.” (9/17/13)
  8. [I]f, in fact, I could solve all these problems without passing laws in Congress, then I would do so. But we’re also a nation of laws. That’s part of our tradition. And so the easy way out is to try to yell and pretend like I can do something by violating our laws. And what I’m proposing is the harder path, which is to use our democratic processes to achieve the same goal that you want to achieve. … It is not simply a matter of us just saying we’re going to violate the law. That’s not our tradition. The great thing about this country is we have this wonderful process of democracy, and sometimes it is messy, and sometimes it is hard, but ultimately, justice and truth win out.” (11/25/13)
  9. “I am the Champion-in-Chief of comprehensive immigration reform. But what I’ve said in the past remains true, which is until Congress passes a new law, then I am constrained in terms of what I am able to do. What I’ve done is to use my prosecutorial discretion, because you can’t enforce the laws across the board for 11 or 12 million people, there aren’t the resources there.  What we’ve said is focus on folks who are engaged in criminal activity, focus on people who are engaged in gang activity. Do not focus on young people, who we’re calling DREAMers …. That already stretched my administrative capacity very far. But I was confident that that was the right thing to do. But at a certain point the reason that these deportations are taking place is, Congress said, ‘you have to enforce these laws.’ They fund the hiring of officials at the department that’s charged with enforcing.  And I cannot ignore those laws any more than I could ignore, you know, any of the other laws that are on the books. That’s why it’s so important for us to get comprehensive immigration reform done this year.” (3/6/14)
  10. “I think that I never have a green light [to push the limits of executive power].  I’m bound by the Constitution; I’m bound by separation of powers.  There are some things we can’t do. Congress has the power of the purse, for example. … Congress has to pass a budget and authorize spending. So I don’t have a green light. … My preference in all these instances is to work with Congress, because not only can Congress do more, but it’s going to be longer-lasting.” (8/6/14)

President Obama should listen to President Obama, drop his plan to “expand the authority of the executive branch into murky, uncharted territory,” and work with Congress rather than insisting on his stubborn, “my way or the highway” approach.

– See more at: http://www.speaker.gov/general/22-times-president-obama-said-he-couldn-t-ignore-or-create-his-own-immigration-law#sthash.E8n1WgmO.dpuf

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November 20, 2014, at 8:00 PM, EST, Barack Obama is announcing his Emperor Immigration plan by abusing his authority.

Millions will be touched by his White House declaration being eligible for all entitlement programs regardless of what Congressman Gutierrez and Congresswoman Jackson Lee have to say on the matter.

The timing of this event which was released on Facebook is no accident. The White House is working diligently to change the media headlines fro Jonathan Gruber and Obamacare to something else where he once again assumes control of the media and his agenda. He knows full well that the mid-term elections spoke against his platform and administration, this is retribution.

Allowing Some Illegal Immigrants to Stay Abuses Prosecutorial Discretion

Elizabeth Price Foley

Elizabeth Price Foley is a professor of constitutional law at Florida International University College of Law and the author of “The Tea Party: Three Principles.”

November 18, 2014

In 2012, the Obama administration issued a policy exempting from deportation about 1 million young, illegal immigrants who came to the United States as children.

The president reportedly is considering an expansion of this policy, exempting an estimated 5 million to 6 million more illegal immigrants from deportation. The proffered legal justification is “prosecutorial discretion,” yet this label is immaterial.

Prosecutorial discretion allows an executive officer to decline prosecution on a case-by-case basis when there’s insufficient evidence or resources to do so. A U.S. attorney, for example, might prioritize prosecution of drug violations involving larger quantities, leaving smaller quantities to state prosecutors. Similarly, a U.S. attorney might decline to pursue charges when witnesses or other evidence aren’t strong.

But would it be prosecutorial discretion if the president instructed U.S. attorneys to prosecute only heroin cases, and ignore other drugs prohibited by federal law, such as cocaine, P.C.P. or methamphetamine? What if the president instructed U.S. attorneys not to prosecute any drug case where the arrestee was under age 31, had no felony convictions and was a high school graduate? Most people would think such acts — particularly the creation of entirely new categories of exemptions — would go well beyond prosecutorial discretion, constitute a rewriting of the law and violate the president’s constitutional duty to “take care that the laws be faithfully executed.”

There’s no logical stopping point to the prosecutorial justification underlying President Obama’s immigration policies. Presidents could simply decide not to enforce entire sections of the Clean Air Act, tax code or labor laws, or exempt entire categories of people — defined unilaterally by the president — on the assertion that those laws are “unfair” and there aren’t enough resources to go around. The president would have power to grant a “privilege” or exemption from any federal law, defying the plain language those laws and the will of the people’s Congress.

While several presidents — both Republican and Democrat — have used prosecutorial discretion to temporarily delay deportation in the face of wars (Nicaragua, Kuwait), hurricanes or earthquakes (El Salvador, Nicaragua, Honduras) and other discrete natural and political catastrophes, no other president has claimed the constitutional authority to ignore immigration law because he believes it’s unfair as a matter of permanent national policy.

At some point, the discretion not to prosecute a law becomes a failure to faithfully execute it. Whether President Obama’s immigration policies have crossed that line will be a matter for both courts and the American people to judge.

Detainees back to the Fight

The Afghan government’s decision to release 65 suspected Taliban detainees from Bagram prison despite repeated protests from the U.S. has raised fears that some of them may return to fight for the insurgent group. In the past, the Pentagon has said that detainees released from Guantanamo have been found to be involved in attacks against coalition forces in Afghanistan.

Beyond rejoining the Taliban, there is Daesh (Islamic State) where there is guerilla fighting tactics, tactics, recruiting and fund-raising that is attractive to Gitmo detainees.

Gitmo ‘Poet’ Now Recruiting for Islamic State

By THOMAS JOSCELYN

An ex-Guantanamo detainee based in northern Pakistan is leading an effort to recruit jihadists for the Islamic State, an al Qaeda offshoot that controls large portions of Iraq and Syria.

Abdul Rahim Muslim Dost, who was detained at Guantanamo for three years, has sworn allegiance to Islamic State leader Abu Bakr al Baghdadi. Dost’s oath of allegiance was issued on July 1, just two days after Baghdadi named himself “Caliph Ibrahim I” and declared that his Islamic State was now a “caliphate.”

Pakistani officials have accused Dost of recruiting jihadists for Baghdadi’s organization. He is thought to be behind a graffiti campaign, which aims to spread pro-Islamic State messages throughout northern Pakistan.

According to Dawn, a Pakistani newspaper, Dost has even been named the head of the Islamic State’s presence in the “Khorasan,” an area that covers much of Central and South Asia, including Afghanistan, Pakistan and Iran.

U.S. officials have confirmed to THE WEEKLY STANDARD that Dost is recruiting for the Islamic State. It is not clear how effective his efforts have been, given that Dost and his supporters are operating in areas that are strongholds for al Qaeda and the Taliban, both of which are opposed to Baghdadi’s “caliphate” project.

Thus far, the Islamic State has had only limited success in Pakistan and elsewhere in attracting established jihadists to its cause. However, Dost, who is in his 50s, is a veteran jihadist leader.

Dost was originally detained in Pakistan in late 2001. He was transferred to U.S. custody and detained at Guantanamo for three years. Dost was already a veteran jihadist with a thick dossier at the time.

But U.S. officials transferred Dost from Guantanamo to Afghanistan in April 2005. Joint Task Force Guantanamo (JTF-GTMO), which oversees the detention camps, recommended that he be released or transferred due to his health problems. Dost “poses a low risk, due to his medical condition,” JTF-GTMO concluded in a memo that was subsequently leaked. A combatant status review tribunal (CSRT) at Guantanamo also concluded at some point that Dost was no longer an enemy combatant.

In 2006, however, Dost was detained in Pakistan once again. He was subsequently part of a prisoner exchange between the Taliban and the Pakistani government in 2008. Dost and Taliban fighters in Pakistani custody were exchanged for Pakistan’s ambassador to Afghanistan and dozens of Pakistani soldiers, all of whom were in the Taliban’s custody. The deal was reportedly brokered by Baitullah Mehsud, who led the al Qaeda-linked Pakistani Taliban until his death in 2009.

A statement by Dost explaining his reasons for swearing allegiance to Baghdadi was included in a jihadist propaganda video posted online in July. THE WEEKLY STANDARD has obtained a translation of the video.

Dost claims that he had a vision prophesizing the establishment of Baghdadi’s caliphate during his time in U.S. custody.

“While in Guantanamo in [2002],” Dost claims, “I saw a vision of a palace with a huge closed door, above which was a clock pointing to the time of 10 minutes before 12.” Dost says he “was told that was the home of the caliphate” and so he “assumed then that the caliphate would be established after 12 years.”

Coincidentally, the Islamic State declared its caliphate in 2014 – or 12 years after Dost’s supposed vision.

Dost argues that ever since the caliphate fell in 1924 the Islamic ummah [worldwide community of Muslims] “has experienced phases of disagreement, division, failure and disputes” and “become divided into fighting groups and different small states” that fail to represent Islam. All Muslim governments are now null and void, Dost says, as they have been replaced by the caliphate with Baghdadi, the “caliph of the Muslims, the emir of the believers,” as its leader.

Dost thanks Allah for the “opportunity to witness the establishment of the Islamic caliphate” under Baghdadi’s leadership. He swears allegiance to Baghdadi and calls on all other Muslims to do the same.

The video of Dost’s allegiance to Baghdadi includes a summary of his extensive biography. In the 1970s, Dost studied under a jihadist sheikh in Afghanistn. Some of the sheikh’s students would go on to join al Qaeda. Dost joined the jihad against the Soviets in the late 1970s.

In 1979, Dost was among the radicals, led by Juhayman al Utebi, who laid siege to the Grand Mosque in Mecca. Juhayman and his men challenged the Saudis’ right to rule over Islam’s holy sites, but were eventually extracted by force from the mosque. That incident influenced the next generation of Islamic militants, including some of al Qaeda leaders. Dost was arrested shortly after the siege, but somehow escaped and made his way to Peshawar, where joined the jihad once again.

Dost soon became a prolific writer, publishing three magazines and authoring numerous articles and books.

According to his biography, Dost had “good relations with the Taliban and the mujahideen.” Interestingly, Dost claimed the opposite during his combatant status review tribunal (CSRT) at Guantanamo, saying that he was at odds with the Taliban prior to his capture in late 2001. Dost is more forthcoming about his Taliban ties pre-9/11 now that he is free.

 

Will John Kerry Gain Accord on Iran Nuke Program?

LONDON (AP) — With a deadline for Iranian nuclear deal fast approaching, U.S. Secretary of State John Kerry has embarked on a frenzy of high-stakes diplomacy in a last-minute push to secure an agreement – or at least prevent the process from collapsing.

As senior negotiators huddled for a second day in Vienna in the latest round of talks, Kerry held separate meetings in London and was to travel to Paris on Thursday for further discussions before deciding whether or when to join the larger effort in the Austrian capital to forge a pact that would prevent the Islamic republic from reaching the capability to produce atomic weapons.

Despite his efforts, though, signs increasingly pointed to the prospect that Monday’s deadline will be pass without a deal and the negotiations will be extended a second time.

In London, Kerry met Wednesday at his hotel with Foreign Minister Yusuf bin Alawi of Oman, which has emerged as a key bridge between Washington and Tehran, a senior U.S. official said. Bin Alawi was in Tehran last weekend and met with Kerry on Tuesday. Their follow-up meeting, Wednesday however, was unannounced and confirmed only after an Associated Press reporter saw the foreign minister in Kerry’s hotel.

Oman is not party to the negotiations among Iran, the U.S., Britain, China, France, Russia, the European Union and Germany. But unique among the Gulf Arab states for the close ties it maintains with Iran, it hosted high-level nuclear talks earlier this month and was the site of secret U.S.-Iranian gatherings dating back to 2012. Those earlier discussions laid the groundwork for an interim nuclear agreement reached a year ago, which the so-called P5+1 countries are now trying to cement with Iran in Vienna.

Details of Kerry’s meetings with bin Alawi were not immediately clear and U.S. officials were tight-lipped about any role Oman might play beyond that of an intermediary.

German Ambassador Peter Wittig wouldn’t rule out an extension and said a nuclear deal could lead to better relations and partnerships with Iran and world powers in other regional issues, specifically Syria and Lebanon.

“If these negotiations fail, there won’t be any winners,” Wittig told reporters in Washington.

In Paris, Kerry will meet Saudi Foreign Minister Saud al-Faisal and French Foreign Minister Laurent Fabius. Those meetings are key because French objections last year delayed the adoption of an interim agreement by several weeks, and Saudi Arabia remains deeply concerned about the potential for its arch-rival Iran to win concessions from the West.

In Washington, meanwhile, Obama administration officials, congressional aides and independent experts who’ve closely monitored the discussions said an extension of the talks was most likely. And, in a twist, many opponents of a deal now see prolonged negotiations as more preferable than an accord.

Even though many U.S. lawmakers opposed an extension when the last one was announced in June, aides in both parties said an agreement now would be viewed as a sign of the administration’s desperation to secure a diplomatic breakthrough at any cost.

Republicans in particular want more time so that they can attempt to pass new sanctions legislation that would pressure Iran into greater concessions. The Senate’s plan is to bring up a package of conditional penalties after January, when Republicans take the majority, according to aides who weren’t authorized to speak publicly on the matter and demanded anonymity.

Some Democrats are on board with that effort, though Obama has threatened to veto any new sanctions threatening the diplomacy.

The midterm elections have others weighing their approaches. The powerful pro-Israel lobby, AIPAC, issued a statement after the last extension urging the U.S. government to “make clear that Iran can expect no further extension of the talks.”

In Israel itself, which has been outspoken in opposition of a deal that it fears could leave it vulnerable to Iran, officials said they believe an extension is the way to go.

A senior Israeli official said Israel supports an extension in the talks’ deadline to allow time for a better deal to be negotiated through additional economic sanctions on Iran.

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But what does a nuclear weapons program really mean for Iran?

How does religion really influence Iranian nuclear policy?

Ariane Tabatabai

One of the most enduring myths about post-revolutionary Iran is that the country’s policies, including those on nuclear matters, are shaped by its leadership’s obsession with martyrdom and Messianic ideals. Many observers, especially in the arms control community, base their analyses on this notion, and it leads to some harrowing conclusions. If, after all, a country’s stance is basically suicidal, there’s no telling what it would do with a nuclear weapon. A careful and more nuanced look at the role of religion in Iranian decision-making, though, debunks the idea that martyrdom rules in Tehran, and gives a much more realistic basis for understanding the regime’s behavior.

To be sure, there are reasons why some analysts see the Iranian government as driven by martyrdom. The idea originated with the 1980-1988 Iran-Iraq War, which helped shape the Iranian psyche and the image of the Islamic Republic in the world. During the war, Iran famously launched a series of “human wave attacks,” sending untrained and unprepared men (and occasionally boys) to the front, sometimes through minefields, to clear the way for the trained forces. This tactic went hand-in-hand with the notion of martyrdom, with members of this ill-equipped vanguard promised a place in paradise if they gave their lives for God and country. Mental images of young boys wearing plastic “keys to paradise” around their necks and running across minefields have haunted the war’s observers, and though whether such keys actually existed remains controversial, the picture lingers and contributes to perceptions of Iran.

Much later, former President Mahmoud Ahmadinejad probably encouraged the notion of martyrdom’s importance in politics with rhetoric deemed bizarre. For instance, in 2005 he said that some delegates at the United Nations General Assembly had seen a “halo” around his head. During his 2005-2013 presidency, Iranians joked that Ahmadinejad would always put out an extra plate at his table for the “Mahdi.”

Shia Muslims believe that the Mahdi, born in the ninth century and also known as the Hidden Imam or the Twelfth Imam, is the Prophet Mohammed’s last legitimate successor. They believe that he has gone into occultation—the state of being blocked from view—but will eventually return, much as Christians believe that Jesus Christ will return some day. According to Shia belief, the Hidden Imam will reappear along with Christ and together they will restore peace and justice, saving the world from the chaos into which it would otherwise descend.

The notions of martyrdom and “Mahdism” have led many to extrapolate that the Iranian leadership’s actions are governed by an inherent suicidal tendency and a willingness to cause chaos, even if it’s self-destructive, in order to facilitate the Mahdi’s return. But if one goes beyond the revolutionary rhetoric and examines the Islamic Republic’s actions, one realizes that more often than not, Tehran is driven by national or regime interests, rather than pure ideology and belief. In fact, Iran’s rulers often use ideology as a means, and do not see it as an end. It’s true that the regime sometimes makes decisions that seem irrational to outside observers. But this is not generally due to religious belief but rather to the fact that the regime’s interests and the national interest do not align—for example, Iran and Israel have many common strategic interests, yet Tehran has adopted anti-Israeli rhetoric and policies since the 1979 revolution. This stance may not serve national interests, but it certainly advances the Islamic Republic’s interest in a strong, external-enemy narrative.

The phantom fatwa. None of this is to say that Islam does not play any role in security decision-making in Iran. Most followers of the country’s nuclear affairs are aware of the famous fatwa reportedly issued by Iran’s Supreme Leader Ayatollah Khamenei prohibiting nuclear weapons. But this fatwa, or religious edict, has become a puzzle.

In order to issue a fatwa, a religious figure must be deemed an authority in Islamic jurisprudence. (This is why to most Islamic scholars, fatwas issued by Al Qaeda leadership in support of the use of nuclear weapons are void of any legitimacy.) But a fatwa does not have to be written. It can be spoken if it meets certain requirements, such as having been witnessed. In this particular case, Khamenei does not appear to have written the fatwa, but it has been communicated to the International Atomic Energy Agency (IAEA) and repeated a number of times by Khamenei himself, as well as by other government officials. It is unclear whether the fatwa covers only the “use” of these weapons, or their “production and stockpiling” too, as Khamenei has been quoted saying both.

Some scholars and policy makers believe the Khamenei nuclear-weapons fatwa to be bogus because it is not written, and therefore irrelevant. Others believe it to be all-important. Neither side has seen a fatwa, and it has not been published on Khamenei’s otherwise extremely comprehensive website.

Adding further ambiguity to the fatwa’s status is the fact that such rulings can be overturned, allowing the faith to change and adapt to the times. The founder of the Islamic Republic, the Ayatollah Khomeini, famously overturned a number of fatwas. Even this possibility of reversal, though, does not necessarily make pursuit of an Iranian Bomb more likely, because while there is no religious constraint on canceling a fatwa, the geopolitical cost of overriding this one would be high. Iran has promoted the fatwa in various forums for more than a decade and it is finally being recognized and referred to by world leaders. In a way, by leading a public relations campaign promoting the edict, Tehran has constrained its ability to overturn it.

Nuclear weapons in Shia jurisprudence. Virtually absent from the debate is the fact that Shia scholars who have spoken on nuclear weapons show consensus. Few Grand Ayatollahs have discussed the issue, but those who have present arguments similar to Khamenei’s, regardless of personal political stance. Hence, whether they support the Islamic Republic or oppose it, and whether or not they believe that politics and religion should be intertwined (many Iranian Shia clerics say they should not), they believe weapons of mass destruction to be against the faith. What is unclear, however, is the scope of this prohibition. Clerics tend to be generalists, trained to cover all possible matters from which foot to enter the bathroom with (left!) to the use of technology in warfare. This means that the legal debate is neither elaborate nor nuanced.

But the basic principles underlying the Supreme Leader and the other clerics’ rulings are very close to those in international law. In Shia jurisprudence, like in international humanitarian law, there must be a distinction between combatants and non-combatants. Non-combatants, typically defined as women, children, the elderly, and those mentally unfit to fight, are not to be targeted. Hence, using poison in bodies of water and burning trees is not allowed. The environment too must be protected. These are among the key notions shaping Shia thinking on indiscriminate warfare.

Does it matter what the faith says? A dissident Iranian Shia cleric, Mohsen Kadivar, points out that when Saddam Hussein’s missiles targeted Iranian cities during the Iran-Iraq war, officials asked Khomeini for permission to retaliate in kind. At first he refused, hewing to the Shia ban on indiscriminate warfare. Eventually, though, he allowed similar attacks to be carried out. There are similar examples in which Iran has acted rationally with little or no regard to religious doctrine or sectarianism. Consider Tehran’s relations with two neighbors to its northwest, Azerbaijan and Armenia. Armenia is a Christian country, with good ties to Tehran, while Azerbaijan, a Shia-majority state, has had complicated relations with Iran. In Iranians’ view, Azerbaijan tries to arouse their own Azeri population’s separatism and enables some Israeli actions that target Iran. Tehran’s policies are not driven by sectarianism and ideology here, but rather by national interests.

The role of religion in post-revolutionary Iranian politics is complex and often misunderstood in the West. It seems clear, though, that the regime follows its practical interests. When ideology serves these interests, it is put forward as a rationale; otherwise, it takes a backseat. Observers who continue to argue that the regime wishes to hasten the return of the Mahdi, and that Iran will therefore withdraw from the Nuclear Non-Proliferation Treaty and develop nuclear weapons, are contradicted by the facts. In actuality, Tehran highlights that it is party to a number of international treaties, and that its program has been in strict compliance with its international obligations. Whether or not this is the case is a different story, but a suicidal regime wouldn’t bother preserving appearances. The regime has not reversed the fatwa or withdrawn from the NPT—precisely because those would be suicidal moves. It is to the government’s advantage to be seen as unlikely to pursue a nuclear weapon, so it cites Khamenei’s fatwa. But the regime puts forward no religious rationale for the fact that 35 years after the US embassy hostage crisis, with the backing of the Supreme Leader, it is negotiating with what the revolutionaries then called the “Great Satan.” It would not be doing so if it did not believe it was acting in its own real-world interest.

Google: Hacking Servers in Taiwan

Thousands of U.S. companies and countless government agencies get hacked several times a day. This is not a new phenomenon at all and the counter-measures against both China and Russia remain unfinished. The People’s Liberation Army is a wing of the Chinese government.

Politics trumps technology security, while the National Security Council, the NSA and the State Department never use proven evidence of criminal activity against the United States with Russian or Chinese leaders, they merely talk around the issue.

Cyber-War

Many tech companies in the U.S. have experienced hacking and intrusions of sensitive data of their respective systems. Finally the heads of these corporations reached out to top U.S. government officials demanding actions and protections. The State Department pushed back due to global diplomacy and the NSA was brought to collaborate with corporations but to date, no remedies have been forthcoming.

Below is a long but very important read that puts the whole international hacking, threats and failed diplomatic objectives in perspective.

Google’s secret NSA alliance: The terrifying deals between Silicon Valley and the security state

Inside the high-level, complicated deals — and the rise of a virtually unchecked surveillance power

In mid-December 2009, engineers at Google’s headquarters in Mountain View, California, began to suspect that hackers in China had obtained access to private Gmail accounts, including those used by Chinese human rights activists opposed to the government in Beijing.

Like a lot of large, well-known Internet companies, Google and its users were frequently targeted by cyber spies and criminals. But when the engineers looked more closely, they discovered that this was no ordinary hacking campaign.

In what Google would later describe as “a highly sophisticated and targeted attack on our corporate infrastructure originating from China,” the thieves were able to get access to the password system that allowed Google’s users to sign in to many Google applications at once. This was some of the company’s most important intellectual property, considered among the “crown jewels” of its source code by its engineers. Google wanted concrete evidence of the break-in that it could share with U.S. law enforcement and intelligence authorities. So they traced the intrusion back to what they believed was its source — a server in Taiwan where data was sent after it was siphoned off Google’s systems, and that was presumably under the control of hackers in mainland China.

“Google broke in to the server,” says a former senior intelligence official who’s familiar with the company’s response. The decision wasn’t without legal risk, according to the official. Was this a case of hacking back? Just as there’s no law against a homeowner following a robber back to where he lives, Google didn’t violate any laws by tracing the source of the intrusion into its systems. It’s still unclear how the company’s investigators gained access to the server, but once inside, if they had removed or deleted data, that would cross a legal line. But Google didn’t destroy what it found. In fact, the company did something unexpected and unprecedented — it shared the information.

Google uncovered evidence of one of the most extensive and far-reaching campaigns of cyber espionage in U.S. history. Evidence suggested that Chinese hackers had penetrated the systems of nearly three dozen other companies, including technology mainstays such as Symantec, Yahoo, and Adobe, the defense contractor Northrop Grumman, and the equipment maker Juniper Networks. The breadth of the campaign made it hard to discern a single motive. Was this industrial espionage? Spying on human rights activists? Was China trying to gain espionage footholds in key sectors of the U.S. economy or, worse, implant malware in equipment used to regulate critical infrastructure?

The only things Google seemed certain of was that the campaign was massive and persistent, and that China was behind it. And not just individual hackers, but the Chinese government, which had the means and the motive to launch such a broad assault.

Google shared what it found with the other targeted companies, as well as U.S. law enforcement and intelligence agencies. For the past four years, corporate executives had been quietly pressing government officials to go public with information about Chinese spying, to shame the country into stopping its campaign. But for President Obama or Secretary of State Hillary Clinton to give a speech pointing the finger at China, they needed indisputable evidence that attributed the attacks to sources in China. And looking at what Google had provided it, government analysts were not sure they had it. American officials decided the relationship between the two economic superpowers was too fragile and the risk of conflict too high to go public with what Google knew.

Google disagreed.

Deputy Secretary of State James Steinberg was at a cocktail party in Washington when an aide delivered an urgent message: Google was going to issue a public statement about the Chinese spying campaign. Steinberg, the second-highest-ranking official in U.S. foreign policy, immediately grasped the significance of the company’s decision. Up to that moment, American corporations had been unwilling to publicly accuse the Chinese of spying on their networks or stealing their intellectual property. The companies feared losing the confidence of investors and customers, inviting other hackers to target their obviously weak defenses, and igniting the fury of Chinese government officials, who could easily revoke access to one of the biggest and fastest-growing markets for U.S. goods and services. For any company to come out against China would be momentous. But for Google, the most influential company of the Internet age, it was historic.

The next day, January 12, 2010, Google’s chief legal officer, David Drummond, posted a lengthy statement to the company’s blog, accusing hackers in China of attacking Google’s infrastructure and criticizing the government for censoring Internet content and suppressing human rights activists. “We have taken the unusual step of sharing information about these attacks with a broad audience not just because of the security and human rights implications of what we have unearthed, but also because this information goes to the heart of a much bigger global debate about freedom of speech,” said Drummond.

Back at the State Department, officials saw a rare opportunity to put pressure on China for spying. That night Hillary Clinton issued her own statement. “We have been briefed by Google on these allegations, which raise very serious concerns and questions. We look to the Chinese government for an explanation,” she said. “The ability to operate with confidence in cyberspace is critical in a modern society and economy.”

As diplomatic maneuvers go, this was pivotal. Google had just given the Obama administration an opening to accuse China of espionage without having to make the case itself. Officials could simply point to what Google had discovered as a result of its own investigation.

“It gave us an opportunity to discuss the issues without having to rely on classified sources or sensitive methods” of intelligence gathering, Steinberg says. The administration had had little warning about Google’s decision, and it was at odds with some officials’ reluctance to take the espionage debate public. But now that it was, no one complained.

“It was their decision. I certainly had no objection,” Steinberg says.

The Obama administration began to take a harsher tone with China, starting with a major address Clinton gave about her Internet Freedom initiative nine days later. She called on China to stop censoring Internet searches and blocking access to websites that printed criticism about the country’s leaders. Clinton likened such virtual barriers to the Berlin Wall.

For its part, Google said it would stop filtering search results for words and subjects banned by government censors. And if Beijing objected, Google was prepared to pull up stakes and leave the Chinese market entirely, losing out on billions of dollars in potential revenues. That put other U.S. technology companies in the hot seat. Were they willing to put up with government interference and suppression of free speech in order to keep doing business in China?

After Google’s declaration, it was easier for other companies to admit they’d been infiltrated by hackers. After all, if it happened to Google, it could happen to anyone. Being spied on by the Chinese might even be a mark of distinction, insofar as it showed that a company was important enough to merit the close attention of a superpower. With one blog post, Google had changed the global conversation about cyber defense.

The company had also shown that it knew a lot about Chinese spies. The NSA wanted to know how much.

Google had also alerted the NSA and the FBI that its networks were breached by hackers in China. As a law enforcement agency, the FBI could investigate the intrusion as a criminal matter. But the NSA needed Google’s permission to come in and help assess the breach.

On the day that Google’s lawyer wrote the blog post, the NSA’s general counsel began drafting a “cooperative research and development agreement,” a legal pact that was originally devised under a 1980 law to speed up the commercial development of new technologies that are of mutual interest to companies and the government. The agreement’s purpose is to build something — a device or a technique, for instance. The participating company isn’t paid, but it can rely on the government to front the research and development costs, and it can use government personnel and facilities for the research. Each side gets to keep the products of the collaboration private until they choose to disclose them. In the end, the company has the exclusive patent rights to build whatever was designed, and the government can use any information that was generated during the collaboration.

It’s not clear what the NSA and Google built after the China hack. But a spokeswoman at the agency gave hints at the time the agreement was written. “As a general matter, as part of its information-assurance mission, NSA works with a broad range of commercial partners and research associates to ensure the availability of secure tailored solutions for Department of Defense and national security systems customers,” she said. It was the phrase “tailored solutions” that was so intriguing. That implied something custom built for the agency, so that it could perform its intelligence-gathering mission. According to officials who were privy to the details of Google’s arrangements with the NSA, the company agreed to provide information about traffic on its networks in exchange for intelligence from the NSA about what it knew of foreign hackers. It was a quid pro quo, information for information.

And from the NSA’s perspective, information in exchange for protection.

The cooperative agreement and reference to a “tailored solution” strongly suggest that Google and the NSA built a device or a technique for monitoring intrusions into the company’s networks. That would give the NSA valuable information for its so-called active defense system, which uses a combination of automated sensors and algorithms to detect malware or signs of an imminent attack and take action against them. One system, called Turmoil, detects traffic that might pose a threat. Then, another automated system called Turbine decides whether to allow the traffic to pass or to block it. Turbine can also select from a number of offensive software programs and hacking techniques that a human operator can use to disable the source of the malicious traffic. He might reset the source’s Internet connection or redirect the traffic to a server under the NSA’s control. There the source can be injected with a virus or spyware, so the NSA can continue to monitor it.

For Turbine and Turmoil to work, the NSA needs information, particularly about the data flowing over a network. With its millions of customers around the world, Google is effectively a directory of people using the Internet. It has their e-mail addresses. It knows where they’re physically located when they log in. It knows what they search for on the web. The government could command the company to turn over that information, and it does as part of the NSA’s Prism program, which Google had been participating in for a year by the time it signed the cooperative agreement with the NSA. But that tool is used for investigating people whom the government suspects of terrorism or espionage.

The NSA’s cyber defense mission takes a broader view across networks for potential threats, sometimes before it knows who those threats are. Under Google’s terms of service, the company advises its users that it may share their “personal information” with outside organizations, including government agencies, in order to “detect, prevent, or otherwise address fraud, security or technical issues” and to “protect against harm to the rights, property or safety of Google.” According to people familiar with the NSA and Google’s arrangement, it does not give the government permission to read Google users’ e-mails.

They can do that under Prism. Rather, it lets the NSA evaluate Google hardware and software for vulnerabilities that hackers might exploit. Considering that the NSA is the single biggest collector of zero day vulnerabilities, that information would help make Google more secure than others that don’t get access to such prized secrets. The agreement also lets the agency analyze intrusions that have already occurred, so it can help trace them back to their source.

Google took a risk forming an alliance with the NSA. The company’s corporate motto, “Don’t be evil,” would seem at odds with the work of a covert surveillance and cyber warfare agency. But Google got useful information in return for its cooperation. Shortly after the China revelation, the government gave Sergey Brin, Google’s cofounder, a temporary security clearance that allowed him to attend a classified briefing about the campaign against his company. Government analysts had concluded that the intrusion was directed by a unit of the People’s Liberation Army. This was the most specific information Google could obtain about the source of the intrusion. It could help Google fortify its systems, block traffic from certain Internet addresses, and make a more informed decision about whether it wanted to do business in China at all. Google’s executives might pooh-pooh the NSA’s “secret sauce.” But when the company found itself under attack, it turned to Fort Meade for help.

In its blog post, Google said that more than twenty companies had been hit by the China hackers, in a campaign that was later dubbed Aurora after a file name on the attackers’ computer. A security research firm soon put the number of targets at around three dozen. Actually, the scope of Chinese spying was, and is, much larger.

Security experts in and outside of government have a name for the hackers behind campaigns such as Aurora and others targeting thousands of other companies in practically every sector of the U.S. economy: the advanced persistent threat. It’s an ominous-sounding title, and a euphemistic one. When government officials mention “APT” today, what they often mean is China, and more specifically, hackers working at the direction of Chinese military and intelligence officials or on their behalf.

The “advanced” part of the description refers in part to the hackers’ techniques, which are as effective as any the NSA employs. The Chinese cyber spies can use an infected computer’s own chat and instant-messenger applications to communicate with a command-and-control server. They can implant a piece of malware and then remotely customize it, adding new information-harvesting features. The government apparatus supporting all this espionage is also advanced, more so than the loose-knit groups of cyber vandals or activists such as Anonymous that spy on companies for political purposes, or even the sophisticated Russian criminal groups, who are more interested in stealing bank account and credit card data. China plays a longer game. Its leaders want the country to become a first-tier economic and industrial power in a single generation, and they are prepared to steal the knowledge they need to do it, U.S. officials say.

That’s where the “persistent” part comes into play. Gathering that much information, from so many sources, requires a relentless effort, and the will and financial resources to try many different kinds of intrusion techniques, including expensive zero day exploits. Once the spies find a foothold inside an organization’s networks, they don’t let go unless they’re forced out. And even then they quickly return. The “threat” such spying poses to the U.S. economy takes the form of lost revenue and strategic position. But also the risk that the Chinese military will gain hidden entry points into critical-infrastructure control systems in the United States. U.S. intelligence officials believe that the Chinese military has mapped out infrastructure control networks so that if the two nations ever went to war, the Chinese could hit American targets such as electrical grids or gas pipelines without having to launch a missile or send a fleet of bombers.

Operation Aurora was the first glimpse into the breadth of the ATP’s exploits. It was the first time that names of companies had been attached to Chinese espionage. “The scope of this is much larger than anybody has ever conveyed,” Kevin Mandia, CEO and president of Mandiant, a computer security and forensics company located outside Washington, said at the time of Operation Aurora. The APT represented hacking on a national, strategic level. “There [are] not 50 companies compromised. There are thousands of companies compromised. Actively, right now,” said Mandia, a veteran cyber investigator who began his career as a computer security officer in the air force and worked there on cybercrime cases. Mandiant was becoming a goto outfit that companies called whenever they discovered spies had penetrated their networks. Shortly after the Google breach, Mandiant disclosed the details of its investigations in a private meeting with Defense Department officials a few days before speaking publicly about it.

The APT is not one body but a collection of hacker groups that include teams working for the People’s Liberation Army, as well as so-called patriotic hackers, young, enterprising geeks who are willing to ply their trade in service of their country. Chinese universities are also stocked with computer science students who work for the military after graduation. The APT hackers put a premium on stealth and patience. They use zero days and install backdoors. They take time to identify employees in a targeted organization, and send them carefully crafted spear-phishing e-mails laden with spyware. They burrow into an organization, and they often stay there for months or years before anyone finds them, all the while siphoning off plans and designs, reading e-mails and their attachments, and keeping tabs on the comings and goings of employees — the hackers’ future targets. The Chinese spies behave, in other words, like their American counterparts.

No intelligence organization can survive if it doesn’t know its enemy. As expansive as the NSA’s network of sensors is, it’s sometimes easier to get precise intelligence about hacking campaigns from the targets themselves. That’s why the NSA partnered with Google. It’s why when Mandiant came calling with intelligence on the APT, officials listened to what the private sleuths had to say. Defending cyberspace is too big a job even for the world’s elite spy agency. Whether they like it or not, the NSA and corporations must fight this foe together.

Google’s Sergey Brin is just one of hundreds of CEOs who have been brought into the NSA’s circle of secrecy. Starting in 2008, the agency began offering executives temporary security clearances, some good for only one day, so they could sit in on classified threat briefings.

“They indoctrinate someone for a day, and show them lots of juicy intelligence about threats facing businesses in the United States,” says a telecommunications company executive who has attended several of the briefings, which are held about three times a year. The CEOs are required to sign an agreement pledging not to disclose anything they learn in the briefings. “They tell them, in so many words, if you violate this agreement, you will be tried, convicted, and spend the rest of your life in prison,” says the executive.

Why would anyone agree to such severe terms? “For one day, they get to be special and see things few others do,” says the telecom executive, who, thanks to having worked regularly on classified projects, holds high-level clearances and has been given access to some of the NSA’s most sensitive operations, including the warrantless surveillance program that began after the 9/11 attacks. “Alexander became personal friends with many CEOs” through these closed-door sessions, the executive adds. “I’ve sat through some of these and said, ‘General, you tell these guys things that could put our country in danger if they leak out.’ And he said, ‘I know. But that’s the risk we take. And if it does leak out, they know what the consequences will be.’ ”

But the NSA doesn’t have to threaten the executives to get their attention. The agency’s revelations about stolen data and hostile intrusions are frightening in their own right, and deliberately so. “We scare the bejeezus out of them,” a government official told National Public Radio in 2012. Some of those executives have stepped out of their threat briefings meeting feeling like the defense contractor CEOs who, back in the summer of 2007, left the Pentagon with “white hair.”

Unsure how to protect themselves, some CEOs will call private security companies such as Mandiant. “I personally know of one CEO for whom [a private NSA threat briefing] was a life-changing experience,” Richard Bejtlich, Mandiant’s chief security officer, told NPR. “General Alexander sat him down and told him what was going on. This particular CEO, in my opinion, should have known about [threats to his company] but did not, and now it has colored everything about the way he thinks about this problem.”

The NSA and private security companies have a symbiotic relationship. The government scares the CEOs and they run for help to experts such as Mandiant. Those companies, in turn, share what they learn during their investigations with the government, as Mandiant did after the Google breach in 2010. The NSA has also used the classified threat briefings to spur companies to strengthen their defenses.

In one 2010 session, agency officials said they’d discovered a flaw in personal computer firmware — the onboard memory and codes that tell the machine how to work — that could allow a hacker to turn the computer “into a brick,” rendering it useless. The CEOs of computer manufacturers who attended the meeting, and who were previously aware of the design flaw, ordered it fixed.

Private high-level meetings are just one way the NSA has forged alliances with corporations. Several classified programs allow companies to share the designs of their products with the agency so it can inspect them for flaws and, in some instances, install backdoors or other forms of privileged access. The types of companies that have shown the NSA their products include computer, server, and router manufacturers; makers of popular software products, including Microsoft; Internet and e-mail service providers; telecommunications companies; satellite manufacturers; antivirus and Internet security companies; and makers of encryption algorithms.

The NSA helps the companies find weaknesses in their products. But it also pays the companies not to fix some of them. Those weak spots give the agency an entry point for spying or attacking foreign governments that install the products in their intelligence agencies, their militaries, and their critical infrastructure. Microsoft, for instance, shares zero day vulnerabilities in its products with the NSA before releasing a public alert or a software patch, according to the company and U.S. officials. Cisco, one of the world’s top network equipment makers, leaves backdoors in its routers so they can be monitored by U.S. agencies, according to a cyber security professional who trains NSA employees in defensive techniques. And McAfee, the Internet security company, provides the NSA, the CIA, and the FBI with network traffic flows, analysis of malware, and information about hacking trends.

Companies that promise to disclose holes in their products only to the spy agencies are paid for their silence, say experts and officials who are familiar with the arrangements. To an extent, these openings for government surveillance are required by law. Telecommunications companies in particular must build their equipment in such a way that it can be tapped by a law enforcement agency presenting a court order, like for a wiretap. But when the NSA is gathering intelligence abroad, it is not bound by the same laws. Indeed, the surveillance it conducts via backdoors and secret flaws in hardware and software would be illegal in most of the countries where it occurs.

Of course, backdoors and unpatched flaws could also be used by hackers. In 2010 a researcher at IBM publicly revealed a flaw in a Cisco operating system that allows a hacker to use a backdoor that was supposed to be available only to law enforcement agencies. The intruder could hijack the Cisco device and use it to spy on all communications passing through it, including the content of e-mails. Leaving products vulnerable to attack, particularly ubiquitous software programs like those produced by Microsoft, puts millions of customers and their private information at risk and jeopardizes the security of electrical power facilities, public utilities, and transportation systems.

Under U.S. law, a company’s CEO is required to be notified whenever the government uses its products, services, or facilities for intelligence-gathering purposes. Some of these information-sharing arrangements are brokered by the CEOs themselves and may be reviewed only by a few lawyers. The benefits of such cooperation can be profound. John Chambers, the CEO of Cisco, became friends with George W. Bush when he was in office. In April 2006, Chambers and the president ate lunch together at the White House with Chinese president Hu Jintao, and the next day Bush gave Chambers a lift on Air Force One to San Jose, where the president joined the CEO at Cisco headquarters for a panel discussion on American business competitiveness. California governor Arnold Schwarzenegger also joined the conversation. Proximity to political power is its own reward. But preferred companies also sometimes receive early warnings from the government about threats against them.

The Homeland Security Department also conducts meetings with companies through its “cross sector working groups” initiative. These sessions are a chance for representatives from the universe of companies with which the government shares intelligence to meet with one another and hear from U.S. officials. The attendees at these meetings often have security clearances and have undergone background checks and interviews. The department has made the schedule and agendas of some of these meetings public, but it doesn’t disclose the names of companies that participated or many details about what they discussed.

Between January 2010 and October 2013, the period for which public records are available, the government held at least 168 meetings with companies just in the cross sector working group. There have been hundreds more meetings broken out by specific industry categories, such as energy, telecommunications, and transportation.

A typical meeting may include a “threat briefing” by a U.S. government official, usually from the NSA, the FBI, or the Homeland Security Department; updates on specific initiatives, such as enhancing bank website security, improving information sharing among utility companies, or countering malware; and discussion of security “tools” that have been developed by the government and industry, such as those used to detect intruders on a network. One meeting in April 2012 addressed “use cases for enabling information sharing for active cyber defense,” the NSA-pioneered process of disabling cyber threats before they can do damage. The information sharing in this case was not among government agencies but among corporations.

Most meetings have dealt with protecting industrial control systems, the Internet-connected devices that regulate electrical power equipment, nuclear reactors, banks, and other vital facilities. That’s the weakness in U.S. cyberspace that most worries intelligence officials. It was the subject that so animated George W. Bush in 2007 and that Barack Obama addressed publicly two years later. The declassified agendas for these meetings offer a glimpse at what companies and the government are building for domestic cyber defense.

On September 23, 2013, the Cross Sector Enduring Security Framework Operations Working Group discussed an update to an initiative described as “Connect Tier 1 and USG Operations Center.” “Tier 1” usually refers to a major Internet service provider or network operator. Some of the best-known Tier 1 companies in the United States are AT&T, Verizon, and CenturyLink. “USG” refers to the U.S. government. The initiative likely refers to a physical connection running from an NSA facility to those companies, as part of an expansion of the DIB pilot program. The expansion was authorized by a presidential executive order in February 2013 aimed at increasing security of critical-infrastructure sites around the country. The government, mainly through the NSA, gives threat intelligence to two Internet service providers, AT&T and CenturyLink. They, in turn, can sell “enhanced cybersecurity services,” as the program is known, to companies that the government deems vital to national and economic security. The program is nominally run by the Homeland Security Department, but the NSA provides the intelligence and the technical expertise.

Through this exchange of intelligence, the government has created a cyber security business. AT&T and CenturyLink are in effect its private sentries, selling protection to select corporations and industries. AT&T has one of the longest histories of any company participating in government surveillance. It was among the first firms that voluntarily handed over call records of its customers to the NSA following the 9/11 attacks, so the agency could mine them for potential connections to terrorists — a program that continues to this day. Most phone calls in the United States pass through AT&T equipment at some point, regardless of which carrier initiates them. The company’s infrastructure is one of the most important and frequently tapped repositories of electronic intelligence for the NSA and U.S. law enforcement agencies.

CenturyLink, which has its headquarters in Monroe, Louisiana, has been a less familiar name in intelligence circles over the years. But in 2011 the company acquired Qwest Communications, a telecommunications firm that is well known to the NSA. Before the 9/11 attacks, NSA officials approached Qwest executives and asked for access to its high-speed fiber-optic networks, in order to monitor them for potential cyber attacks. The company rebuffed the agency’s requests because officials hadn’t obtained a court order to get access to the company’s equipment. After the terrorist attacks, NSA officials again came calling, asking Qwest to hand over its customers’ phone records without a court-approved warrant, as AT&T had done. Again, the company refused. It took another ten years and the sale of the company, but Qwest’s networks are now a part of the NSA’s extended security apparatus.

The potential customer base for government-supplied cyber intelligence, sold through corporations, is as diverse as the U.S. economy itself. To obtain the information, a company must meet the government’s definition of a critical infrastructure: “assets, systems, and networks, whether physical or virtual, so vital to the United States that their incapacitation or destruction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.” That may seem like a narrow definition, but the categories of critical infrastructure are numerous and vast, encompassing thousands of businesses. Officially, there are sixteen sectors: chemical; commercial facilities, to include shopping centers, sports venues, casinos, and theme parks; communications; critical manufacturing; dams; the defense industrial base; emergency services, such as first responders and search and rescue; energy; financial services; food and agriculture; government facilities; health care and public health; information technology; nuclear reactors, materials, and waste; transportation systems; and water and wastewater systems.

It’s inconceivable that every company on such a list could be considered “so vital to the United States” that its damage or loss would harm national security and public safety. And yet, in the years since the 9/11 attacks, the government has cast such a wide protective net that practically any company could claim to be a critical infrastructure. The government doesn’t disclose which companies are receiving cyber threat intelligence. And as of now the program is voluntary. But lawmakers and some intelligence officials, including Keith Alexander and others at the NSA, have pressed Congress to regulate the cyber security standards of critical-infrastructure owners and operators. If that were to happen, then the government could require that any company, from Pacific Gas and Electric to Harrah’s Hotels and Casinos, take the government’s assistance, share information about its customers with the intelligence agencies, and build its cyber defenses according to government specifications.

In a speech in 2013 the Pentagon’s chief cyber security adviser, Major General John Davis, announced that Homeland Security and the Defense Department were working together on a plan to expand the original DIB program to more sectors. They would start with energy, transportation, and oil and natural gas, “things that are critical to DOD’s mission and the nation’s economic and national security that we do not directly control,” Davis said. The general called foreign hackers’ mapping of these systems and potential attacks “an imminent threat.” The government will never be able to manage such an extensive security regime on its own. It can’t now, which is why it relies on AT&T and CenturyLink. More companies will flock to this new mission as the government expands the cyber perimeter. The potential market for cyber security services is practically limitless.

Excerpted from “@WAR: The Rise of the Military-Internet Complex” by Shane Harris. Copyright © 2014 by Shane Harris. Used by permission of Houghton Mifflin Harcourt Publishing Company. All rights reserved.

Shane Harris is the author of The Watchers: The Rise of America’s Surveillance State, which won the New York Public Library’s Helen Bernstein Book Award for Excellence in Journalism and was named one of the best books of 2010 by the Economist. Harris won the 2010 Gerald R. Ford Prize for Distinguished Reporting on National Defense. He is currently senior writer at Foreign Policy magazine and an ASU fellow at the New America Foundation, where he researches the future of war.