Category Archives: Legislation

The Core of the Hillary Server Controversy, Revealed

Posted on by

Once a year, those who handle classified information must attend a refresher class on dealing with classified material and the consequences of violating the rules governing classified material. My guess is Hillary and her circle of aides and protectors waived themselves from attending. Obama approved?

I guess there is a good reason it is called ‘Foggy Bottom’.

Spy agencies say Clinton emails closely matched top secret documents: sources

WASHINGTON (Reuters) – U.S. spy agencies have told Congress that Hillary Clinton’s home computer server contained some emails that should have been treated as “top secret” because their wording matched sections of some of the government’s most highly classified documents, four sources familiar with the agency reports said.

    The two reports are the first formal declarations by U.S. spy agencies detailing how they believe Clinton violated government rules when highly classified information in at least 22 email messages passed through her unsecured home server.

    The State Department has already acknowledged that the emails contained top secret intelligence, though it says they were not marked that way. It has not previously been clear if the emails contained full classified documents or only some information from them.

    The agencies did not find any top secret documents that passed through Clinton’s server in their full version, the sources from Congress and the government’s executive branch said.

    However, the agency reports found some emails included passages that closely tracked or mirrored communications marked “top secret,” according to the sources, who all requested anonymity. In some cases, additional classification markings meant access was supposed to be limited to small groups of specially cleared officials.

Under the law and government rules, U.S. officials and contractors may not transmit any classified information – not only documents – outside secure, government-controlled channels. Such information should not be sent even through the government’s .gov email network.

The front-runner for the Democratic nomination for president and former secretary of state has insisted she broke no rules. Clinton’s lawyer, David Kendall, did not respond to a request for comment. Clinton campaign spokespeople did not respond to multiple requests for comment.

Two sources said some of the top secret material was related to the CIA’s campaign of drone strikes against Islamist militants in the Middle East and South Asia.

That campaign has been widely reported by Reuters and other media outlets, but it officially is classified as a “Top Secret/Special Access Program” (SAP), meaning only a limited number of people whose names are on a special list are allowed to learn details about it.

One source said the reports identified some information in messages on Clinton’s server that came from human sources, such as confidential CIA informants, and some from technical systems, such as spy satellites or electronic eavesdropping.

The Clinton campaign criticized the State Department’s decision last month to withhold the 22 emails containing top secret information from the public, blaming it on “bureaucratic infighting” and “over-classification run amok.”

“As we have previously made clear, we are not going to speak to the content of the emails,” a State Department official said on Wednesday when asked about the intelligence agency reports.

Clinton’s use of a private server in her New York home for her government work is being investigated by the Federal Bureau of Investigation, the State Department’s and spy community’s internal watchdogs and several Republican-controlled congressional committees.

Two of the sources told Reuters that one of the reports on the emails came from the CIA. Three sources said the other report came from the National Geospatial Intelligence Agency (NGA), which analyzes U.S. spy satellite intelligence.

A spokesman for NGA did not immediately respond to requests for comment. CIA spokespeople declined to comment.

The two spy agencies’ reports were sent to Congress in the past few weeks by the intelligence community inspector general, an official government watchdog for multiple spy agencies.

The inspector general’s office has confirmed that it requested the reports from two intelligence agencies, but didn’t identify them.

    It was unclear what the congressional committees that received the classified reports, the House and Senate intelligence and foreign relations panels, will do with them. The contents cannot be discussed publicly. The committees requested intelligence reports in connection with their efforts to ensure that government secrets are appropriately protected.

Sidebar:

Everyone who handles Classified Material signs the SF-312 that outlines handling according to EO 13526 that requires an annual refresher course for originators of Classified Materials. Section 1 outlines handling. Section 4 is agreement to punishment if violation is discovered. Text of SF-312 below:

1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to classified information. As used in this Agreement, classified information is marked or unmarked classified information, including oral communications, that is classified under the standards of Executive Order 13526, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in the interest of national security; and unclassified information that meets the standards for classification and is in the process of a classification determination as provided in sections 1.1, 1.2, 1.3 and 1.4(e) of Executive Order 13526, or under any other Executive order or statute that requires protection for such information in the interest of national security. I understand and accept that by being granted access to classified information, special confidence and trust shall be placed in me by the United States Government.

4. I have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of sections 641, 793, 794, 798, *952 and 1924, title 18, United States Code; *the provisions of section 783(b}, title 50, United States Code; and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation.

Nightmare for Taxpayers According to an IRS Bulletin

Posted on by

IRS is warning taxpayers of a new surge in tax-related incidents

It is a nightmare for taxpayers according to an IRS bulletin there is a 400 percent surge in tax-related phishing and malware incidents.

This year the IRS already reported 1,026 malware and phishing incidents, compared to 254 this time last year.

SecurityAffairs: The IRS is warning taxpayers of newer forms of attacks aiming victims into disclosing credentials to third-party tax preparation service accounts.

“The Internal Revenue Service renewed a consumer alert for e-mail schemes after seeing an approximate 400 percent surge in phishing and malware incidents so far this tax season.” states the bulletin. “The emails are designed to trick taxpayers into thinking these are official communications from the IRS or others in the tax industry, including tax software companies. The phishing schemes can ask taxpayers about a wide range of topics. E-mails can seek information related to refunds, filing status, confirming personal information, ordering transcripts and verifying PIN information.”

The IRS Commissioner John Koskinen used the adjective “dramatic” to describe this surge in tax-related incidents inviting taxpayers to watch out for scammers.

“This dramatic jump in these scams comes at the busiest time of tax season,” said Koskinen. “Watch out for fraudsters slipping these official-looking emails into inboxes, trying to confuse people at the very time they work on their taxes. We urge people not to click on these emails.”

Threat actors are very interested in using the tax season as a lure, in a common attack scenario victims receive an email containing links to the domain used to serve malware. In other cases, the attackers used emails with attachments that include documents embedding malicious macros. Once the victims open the document, the macro drops a malware on the victim’s machine, including dreaded ransomware like CryptoLocker, TeslaCrypt and Locky.

These are the alarming statistics provided by the IRS:

  • There were 1,026 incidents reported in January, up from 254 from a year earlier.
  • The trend continued in February, nearly doubling the reported number of incidents compared to a year ago. In all, 363 incidents were reported from Feb. 1-16, compared to the 201 incidents reported for the entire month of February 2015.
  • This year’s 1,389 incidents have already topped the 2014 yearly total of 1,361, and they are halfway to matching the 2015 total of 2,748.

Recently IRS services were abused by crooks to target taxpayers, in May 2015 the Internal Revenue Service was breached by hackers that “used an online service provided by the agency” to access data for more than 100,000 taxpayers. The IRS issued an official statement on the incident and specified that the compromised system was “Get Transcript.” The Transcript service could be used by taxpayers to get a transcript online or by mail to view their tax account transactions.

In August 2015, the Internal Revenue Service disclosed a new review of its system, revealing that 334,000 taxpayers (more than three times it initially estimated) may be affected by the hack it announced in May.

A couple of weeks ago the IRS detected roughly unauthorized attempts using 464,000 unique SSNs, and 101,000 attempts allowed crooks in generating PINs.

The U.S. Internal Revenue Service confirmed that cyber criminals abused the Electronic Filing PIN application running on irs.gov that allows taxpayers to generate a PIN that they can use to file tax returns online.

Pierluigi Paganini

 

Obama Placing Legacy Above Truth in Cuba

Posted on by

First of 8,000 stranded Cuban migrants cross into US

MEXICO CITY (AP)— The first of 8,000 Cuban migrants recently stranded in Central America have crossed the Mexican border into the United States.

Some 180 migrants flew from Costa Rica to El Salvador, and have been making their way to the U.S., with the first reaching Laredo, Texas, on Thursday night.

“I’m a Cuban who has just acquired the American Dream,” said Daniel Caballero, one of the first to cross into Laredo, according to a Facebook posting of the sponsoring non-profit group, Cubans in Liberty.

***

 Cuban migrants are seen at an immigration facility after arriving by plane from Costa Rica to Nuevo Laredo

U.S. sees new wave of Cuban migrants

 

In Part from Panama City (AFP): The first flight left from Panama’s international airport. The foreign ministry said in a statement it would land in Juarez, a Mexican city on the US border. Other flights would follow this week.

It emphasized that the flights were a “limited” and “exceptional” measure.

They mirrored flights Costa Rica has been carrying out since January, for some 8,000 Cubans who had been stuck on its territory.

The Cubans aim to get to the United States where a Cold War-era law allows them easy entry and a fast-track to residency.

But their journey, to South America, up through Central America and then Mexico and the US border, was frustrated in November last year when Nicaragua — a Cuban ally — closed its borders to them, and Costa Rica dismantled a people-smuggling ring they had been relying on.

Costa Rica in December closed its own border to any more Cuban arrivals as it struggled to clear the migrants from its territory.

Cuban State Media: Obama Visit ‘Disproves Human Rights Violations’ by Communists

Cuba’s communist propaganda newspaper Granma has published an article claiming that President Barack Obama’s scheduled visit to Havana in March “disproves” decades of evidence that the Cuban government violates the human rights of its citizens, on a weekend in which Cuban state police arrested almost 200 dissidents for peaceful marches against communism.

Breitbart: In a column titled “Four Myths Obama’s Trip to Cuba Disproves,” the newspaper cites “Cuba violates human rights” as the top “myth” that President Obama is helping to eradicate by visiting the island. The article calls the fact of Cuba’s rampant human rights violations “the mantra of those who want to justify as a philanthropic crusade the politics of aggression begun in 1959 before the advance of a socialist Revolution in their own backyard.” The fact that Cuba violates international human rights law on a routine basis, the article continues, “permeated realpolitik previous to the December 17, 2014 announcement,” referring to the day President Obama announced a number of concessions to the Raúl Castro regime in exchange for, in Castro’s words, “nothing in return.”

Granma also claims that President Obama’s decision to endorse the legitimacy of the Castro regime with his presence dismantles the allegation that “the ultra-right in Miami, especially legislators of Cuban origin, had totally held hostage the United States’ politics towards Cuba.” Cuban state propaganda often insults ethnic Cuban voters in Miami as “ultra-right” extremists, using terms like “the Miami Mafia” in an attempt to alienate Republican-leaning voters in the region. Cuban-American voters in Miami have also been consistently mocked and derided in American left-wing media, particularly the cable news pundits associated with NBC.

While Granma is open to using President Obama’s visit to promote the lie that the Cuban government does not oppress its dissidents, it continues to condemn the United States for defending human rights internationally. In a separate column published Saturday, the propaganda outlet condemns President Obama for not using executive orders to lift trade bans on Cuba, accusing his inaction of “keeping alive politics of aggression.”

President Obama is expected to meet with dictator Raúl Castro and “other Cuban people” during his visit, though it remains unclear whether he will be present in meetings with Cuban civil society or pro-democracy activists.

Whether any of Cuba’s most prominent dissidents will be out of jail during President Obama’s visit remains to be seen. If this weekend is any indication, there is little hope that the leaders of dissident groups will be allowed to attend events involving the President. Various dissident groups, including the Patriotic Union of Cuba (UNPACU) and the Ladies in White, staged multiple events across the island this weekend. More than 170 dissidents were arrested, including dozens of Ladies in White arrested for attending Sunday Catholic Mass. An estimated 40 Ladies in White are still in custody after their prayer march in Havana.

The silent marches against the Castro regime this week were dedicated to Orlando Zapata Tamayo, a prisoner of conscience who died during a hunger strike in 2010, and the four men killed in 1996 when the Cuban government shot down a plane belonging to the pro-democracy group Brothers to the Rescue, which included one U.S. citizen.

Cuban dissidents have called President Obama’s decision to visit the island “an error” and warn that “these sorts of visits bring a lot of collateral damage” with them. They note that more than 250 pro-democracy activists were arrested in September during Pope Francis’s visit to Havana, including one man who was beaten and arrested in front of Pope Francis for saying the word “freedom” too loudly near the Pontiff. (The Pope denied having seen the event occurring before him.)

According to the NGO People in Need, President Obama’s efforts to warm up to the Castro regime have significantly deteriorated conditions for dissidents on the island. “There has been no substantial improvement in regard to human rights and individual freedoms on the island. … [The Cuban government] has adapted its repressive methods in order to make them invisible to the scrutinizing, judgmental eyes of the international community, but it has not reduced the level of pressure or control over the opposition,” the group said in a report in December.

Hearing for Nominee to Replace Scalia? Nah

Posted on by

LETTER: ‘this Committee will not hold hearings on any Supreme Court nominee’ until 1/20/17

Republicans on Judiciary Committee Slam Door on Any Obama Supreme Court Nominee

DailySignal: All Republican members of the Senate Judiciary Committee promised Tuesday to block any candidate nominated by President Barack Obama to fill the Supreme Court seat vacated by the death of Justice Antonin Scalia.

In an open letter to Majority Leader Mitch McConnell, the 11 Republican senators said they plan “to exercise our constitutional authority to withhold consent on any nominee to the Supreme Court submitted by this president.”

Under the leadership of Judiciary Chairman Chuck Grassley, R-Iowa, the group effectively has barred any Obama nominee to succeed Scalia from advancing to the Senate floor through the regular process.

After Scalia’s unexpected death Feb. 13, McConnell, R-Ky., and other GOP leaders quickly declared the Senate should not confirm anyone to fill the seat until after a new president takes office in January.

With the letter Tuesday, the 11 committee Republicans rallied to that position, writing:

Because our decision is based on constitutional principle and born of a necessity to protect the will of the American people, this committee will not hold hearings on any Supreme Court nominee until after our next president is sworn in on Jan. 20, 2017.

They said the current debate doesn’t present “a difficult or novel constitutional question.” As justification, they cited a statement made in 2005 by then-Majority Leader Harry Reid, D-Nev.:

“[The Constitution] says appointments shall be made with the advice and consent of the Senate. That is very different than saying every nominee receives a vote.”

Senate Democrats accuse Republican colleagues of a dereliction of their constitutional duty. Earlier Tuesday, Reid, now minority leader, called on Republicans to “do your job.”

He said: “Democrats [have] never stopped a Republican [Supreme Court] nominee from receiving a hearing and getting a vote on confirmation. Never.”

In their letter, the Republican members of the Judiciary Committee counter that there’s no modern historical precedent for the Senate to confirm a nominee during a year when the country casts ballots for the next president:

Not since 1932 has the Senate confirmed in a presidential election year a Supreme Court nominee to a vacancy arising in that year. And it is necessary to go even further back—to 1888—in order to find an election year nominee who was nominated and confirmed under divided government, as we have now.

Nine Democrats are on the Judiciary Committee, led by the ranking member, Rep. Patrick Leahy of Vermont.

Over the past 10 days, mostly while Congress was in recess, speculation mounted about a fracturing Republican conference when a few less conservative GOP senators said an Obama nominee should receive a committee hearing.

Hopes for that dimmed with the letter signed by Grassley and the 10 other Republican committee members: Orrin Hatch (Utah), Jeff Sessions (Ala.), Lindsey Graham (S.C.), John Cornyn (Texas), Mike Lee (Utah), Ted Cruz (Texas), Jeff Flake (Ariz.), David Vitter (La.), David Perdue (Ga.) and Thom Tillis (N.C.).

If Republicans ultimately are successful at blocking an Obama nominee, the Supreme Court would operate without a full bench for at least 332 days, more than 10 months.

The eight justices then would not be joined by a ninth until the Senate confirms the nominee of Obama’s successor, who takes office Jan. 20.

OPM Top Person Donna Seymour Resigns

Posted on by

Chaffetz Responds to Retirement of OPM CIO Donna Seymour

Oversight Committee: WASHINGTON, D.C.—This afternoon, House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-UT) issued the following statement upon learning of the retirement of U.S. Office of Personnel Management (OPM) Chief Information Officer (CIO) Donna Seymour:

“Ms. Seymour’s retirement is good news and an important turning point for OPM. While I am disappointed Ms. Seymour will no longer appear before our Committee this week to answer to the American people, her retirement is necessary and long overdue. On her watch, whether through negligence or incompetence, millions of Americans lost their privacy and personal data. The national security implications of this entirely foreseeable breach are far-reaching and long-lasting. OPM now needs a qualified CIO at the helm to right the ship and restore confidence in the agency.” 

 Background: 

Chairman Chaffetz has publicly expressed the need for Ms. Seymour’s removal on the following occasions:

Chaffetz to OPM: Remove Donna Seymour (12/10/2015)

Chaffetz Responds to Nomination of Beth Cobert as OPM Director (11/10/2015)

Chaffetz Renews Call for Removal of OPM CIO Donna Seymour (08/06/2015)

Chaffetz Statement on Latest OPM Data Breach Revelation (07/09/2015)

GOP Lawmakers to President Obama: Remove OPM Director Archuleta and CIO Donna Seymour (06/26/2015)

Related:

The Breach We Could Have Avoided (09/30/2015)

Fingerprints of Additional 4.5 Million Individuals Stolen in OPM Breach, Chaffetz Responds (09/23/2015)

Chaffetz Statement on OPM Infrastructure Improvement Plan (09/14/2015)

OPM Data Breach: Part II Hearing (06/24/2015)

OPM: Data Breach Hearing (06/16/2015)

*** For reference and background on Office of Personnel Management

Second OPM Hack Revealed: Even Worse Than The First

from the the-federal-government,-ladies-and-gentlemen dept

TechDirt: Oh great. So after we learned late yesterday that the hack of all sorts of data from the federal government’s Office of Personnel Management (OPM) was likely much worse than originally believed — including leaking all Social Security numbers unencrypted — and that the so-called cybersecurity “experts” within the government weren’t even the ones who discovered the hack, things are looking even worse. That’s because, late today, it was revealed that there was likely a separate hack, also by Chinese state actors, accessing even more sensitive information:

The forms authorities believed may have been stolen en masse, known as Standard Form 86, require applicants to fill out deeply personal information about mental illnesses, drug and alcohol use, past arrests and bankruptcies. They also require the listing of contacts and relatives, potentially exposing any foreign relatives of U.S. intelligence employees to coercion. Both the applicant’s Social Security number and that of his or her cohabitant is required.

In a statement, the White House said that on June 8, investigators concluded there was “a high degree of confidence that … systems containing information related to the background investigations of current, former and prospective federal government employees, and those for whom a federal background investigation was conducted, may have been exfiltrated.”

“This tells the Chinese the identities of almost everybody who has got a United States security clearance,” said Joel Brenner, a former top U.S. counterintelligence official. “That makes it very hard for any of those people to function as an intelligence officer. The database also tells the Chinese an enormous amount of information about almost everyone with a security clearance. That’s a gold mine. It helps you approach and recruit spies.”

And yet… this is the same federal government telling us that it wants more access to everyone else’s data to “protect” us from “cybersecurity threats” — and that encryption is bad? Yikes.