Category Archives: Legislation

Mueller Obtains Search Warrant on Facebook

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Facebook sold ads for up to $100,000 each incident. Facebook is expected to send a representative to participate in a panel in a Senate hearing.

It is also important to note Russia Today, now known as RT is to formally register as a foreign agent. Sputnik News may be asked to do the same.

Related reading: FBI investigates Russian government media organizations accused of spreading propaganda in U.S.

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In part from Newsweek:

The recent news that Robert Mueller obtained a search warrant for the contents of Facebook accounts associated with Russian operatives trying to undermine the 2016 presidential election was a key turning point in our knowledge of his investigation that could transform the scope of the inquiry and the legal strategy of the people in the special counsel’s sights.

Before news of the Facebook search warrant broke, it appeared that Mueller was focused on several discrete areas of inquiry, such as potentially false disclosures by former Trump campaign chair Paul Manafort, potential tax charges and alleged obstruction of justice related to President Donald Trump’s firing of former FBI Director James Comey. Mueller’s warrant tells us that the special counsel is closing in on specific foreigners who tried to undermine our democracy, that he’s serious about going after Russian interference and he is far enough along to convince a federal judge that he has good evidence of such a crime. Read the full article here.

Deeper Dive

The Hill: The American public should be furious about the recent revelations regarding Russian manipulation of social media. What the public should not be is surprised. Although exploitation of cyber venues may be a new twist, it is just another chapter in an old story.

For the better part of a century, Russia (including its Soviet predecessor), Soviet proxies, as well as other countries have attempted to exploit wedge issues and social unrest to interfere with U.S. internal politics. These countries’ objectives are likely twofold: driving policies toward a desired outcome and forcing the United States to focus inward, distracting it from international developments.

From the 1930s onward, the Soviet Union and its Russian successor have consistently exploited divisions in American society to Moscow’s advantage. Moscow, starting with its Popular Front strategy in the mid-1930s, has insinuated its proxies into grievance-driven domestic coalitions.

 

These ranged from the Great Depression’s disenfranchised, to the anti-nuclear and pro-peace crowds. More recently, according to the Office of the Director of National Intelligence, Russia attempted to co-opt populists on both ends of the ideological spectrum by facilitating both the Occupy movement, via the Russian television network RT, and the far right, members of which have looked to Vladimir Putin as an exemplar of traditional values.

In addition to efforts at co-optation of mass movements, the Soviet Union attempted to inflame tensions within American society. In the 1960s, Soviet officials skulked around Capitol Hill, querying offices on a variety of issues including the dynamics of the civil rights movement.

For instance, one official specifically wanted to know about which civil rights leaders had been excluded from a White House meeting. This collection activity probably indicated Moscow’s desire to get smarter on a hot-button topic, which it could then exploit through an “active measures” campaign.

The civil rights issue came full circle when, in 1980, the Soviets surfaced a forgery which purported to show the U.S. government as using the CIA against African-Americans.

Cuba, a Soviet satellite, pursued similar disruptions against the United States. The Cuban government viewed American minorities as a constituency that Havana could incite to create mayhem on U.S. soil. Fidel Castro, himself, suggested that he could prompt a race riot at a time of his choosing.

Furthermore, Cuba arguably attempted to weaponize criminality against the United States when, in 1980, it seeded 8,000 criminals into the Mariel boatlift’s refugee population.

Given Venezuela’s status as a protégé of Cuba, it is hardly surprising that Caracas, under Hugo Chavez, sought to exploit socioeconomic tensions by distributing subsidized heating oil for low-income Americans as a propaganda ploy.

The Soviet/Russian-perpetrated and inspired attempts to exploit divisive U.S. political issues is notable but hardly unique to Moscow and its minions. China, during the 1960s, courted U.S. Maoist-inspired groups, including the Revolutionary Union, that embraced militancy.

More recently, the Chinese government, known for keeping a tight rein on social media, nevertheless seemed to let its WeChat platform off the leash to stir up rallies against the New York Police Department in 2016.

This history of foreign-sponsored disruption suggests that U.S. adversaries and competitors are sufficiently knowledgeable about the tensions within American society to effectively exploit them. The jury is out on whether Washington is paying similar attention.

Both the Church and Pike investigations of American intelligence in the mid-1970s produced skittishness about looking too closely at domestic actors, as indicated by the guidelines issued by Attorney General Levi, in 1976, regarding domestic security investigations.

Such trepidation about identifying dangerous domestic dynamics appears to persist, if the outraged reaction to the Department of Homeland Security’s 2009 report on right-wing extremism is any indication. Is it possible that risk-aversion has become willful blindness?

Social media may be a new front in foreign exploitation of tensions in the United States, but the underlying concept of exacerbating divisions and inciting conflict on American soil is a timeworn strategy.

Although Russia is the perpetrator of current interest, it is not alone in its effort to disrupt American politics through the sowing of dissent and division.

For Washington to anticipate (and, hopefully, deter) future, foreign-sponsored attacks on the public’s perceptions, it must ensure that it is aware of the vulnerabilities inherent to the domestic setting that U.S. adversaries and competitors may manipulate to their advantage.

Darren E. Tromblay served as an intelligence analyst with the U.S. intelligence community for more than a decade and is the author of the forthcoming book, “Foreign Influence on U.S. Policymaking: How Adversaries and Allies Manipulate and Marginalize the American Electorate,”

 

Citizenship for Sale in U.S and EU, the Golden Ticket

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In the United States, with a starting number such as $500,000, you can buy a passport and with just a little more you can advance to citizenship under the EB-5 visa program. Swell huh? It has been going on for years and even Senator Dianne Feinstein has an issue with it. So, where is President Trump on the matter? Crickets…..

In February of this year, Senator Grassley and Feinstein introduced legislation to stop the EB-5 abuse.

The EB-5 program is inherently flawed,” Feinstein said in a joint statement with Grassley on Friday. “It says that U.S. citizenship is for sale. It is wrong to have a special pathway to citizenship for the wealthy while millions wait in line for visas.”

Roughly 10,000 EB-5 visas are awarded each year, with more than 85 percent going to Chinese investors in 2014, according to a study by Savills Studley, a real estate services firm. The program, begun in 1990 to stimulate the economy, has turned into a convenient way for wealthy Chinese citizens to become permanent U.S. residents and later bring over their family members. More here.

The Chinese, the Ukrainians and the Russians, all oligarchs are the largest exploiters of the program and most of these oligarchs are corrupt, paying for speedy processes with dirty money.

We know there are multiple investigations going on inside the DC Beltway regarding Russian interference and rightly so. Both Democrats and Republicans have some complicity in foreign collaboration.

In March of this year, this site published an extensive summary of Russian relations with people in the Trump camp as well as with Nancy Pelosi and Steny Hoyer. Few take a look at Secretary Wilbur Ross and his Cyprus connections. Cyprus is a location where abuse and corruption is as normal as breathing. One interesting person is Dmitry Rybolovlev, who happens to know Donald Trump as well as Wilbur Ross.

Beyond paying for a speedy process to obtain a passport or citizenship, there is also yet another method and that is money laundering illicit funds through U.S. real estate purchases where the buyer’s name is not listed if cash is paid. You dont say…..yup. This site published a summary of such activities in July of 2014.

So, while we have examined the issue in the United States and in Cyprus, it is the same for the European Union.

Russian and Ukrainian oligarchs suspected of corruption are among hundreds who have acquired EU passports under the “golden visa” program – a bourgeois shortcut to European citizenship in exchange for cash investments, the Guardian reported Sunday.

A list of recipients seen by The Guardian includes “prominent businesspeople and individuals with considerable political influence.”

The paper claims that Cyprus alone has made over $US 4 billion selling passports to international oligarchs, “granting them the right to live and work throughout Europe,” completely legally.

However, Cyprus is not alone. “The Golden Visa program for Spain, Portugal, Malta, Greece and Cyprus are the most prominent. Bulgaria and Hungary offer residency and citizenship by investment in Europe through government bonds,” the Golden Visa website states.

The BBC reported about this kind of purchasable citizenship three years ago.

“Just like you diversify an investment portfolio, you want to diversity your passport portfolio,” investment expert Christian Kalin, told the BBC.

The list of individuals who have received Cypriot citizenship includes Bashar al-Asad’s cousin, who was previously placed under American sanctions because of allegations he benefited from corruption. It also includes a former member of the Russian parliament and the founder of Ukraine’s largest bank.

According to Global Witness, an international NGO dedicated to exposing global corruption, global visas have the potential to give applicants fleeing persecution a “get out of jail for free card.”

Portuguese MEP, Ana Gomes, said golden visas are an immoral way to grant citizenship.

“I’m not against individual member states granting citizenship or residence to someone who would make a very special contribution to the country, be it in arts or science, or even in investment. But granting, not selling,” said Gomes.

Gomes also questioned the secrecy of obtaining golden visas. If they’re legal, why is it so hard to see who has them, asked Gomes.

The European Parliament will be debating the legality of golden visas in light of the leak, The Guardian reported.

So, for the leaders of respective countries, the definition of citizenship and the spirit of that loyalty means nothing when it comes to money, dirty money.

Perhaps we should be pushing harder for the Grassley/Feinstein legislation at a minimum….what say you?

 

September Busy for Congress CR and the Debt Limit Increase

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Developments in 2017 to learn more go here.

On March 7, 2017, CBO issued estimates that extraordinary measures could suffice to meet federal obligations until sometime in the fall of 2017.141 Such estimates are subject to substantial uncertainty due to changes in economic conditions, federal revenue flows, changes in the amounts and timing of federal payments, and other factors. On March 8, 2017, Treasury Secretary Mnuchin notified Congress that he would invoke authorities to use extraordinary measures after March 15, 2017, to ensure continued payment of federal obligations.142 On March 16, 2017, Secretary Mnuchin notified congressional leaders that he had indeed exercised those authorities.143 The debt limit on that date was reset at $19,809 billion.144

In testimony before Congress on May 24, 2017, Administration officials urged Congress to raise the debt limit before its summer recess.145 Office of Management and Budget (OMB) Director Mick Mulvaney stated that the federal receipts were coming in more slowly than projected, which could imply that Treasury’s capacity to meet federal obligations could be exhausted sooner than previously projected.146 A Goldman Sachs analysis found, however, that some major categories of tax receipts had shown stronger growth.147

On June 28, 2017, Treasury Secretary Mnuchin sent a letter to Congress stating that extraordinary measures would be used until September 29, 2017.148 Secretary Mnuchin’s letter did not state that Treasury’s cash reserves or borrowing capacity would be exhausted on that date, but he did describe the need for legislative action by that date as “critical.” Others have estimated that the U.S. Treasury would likely be able to meet federal obligations until sometime in early October 2017.149 Treasury cash balances and borrowing capacity in mid-September, however, are projected to fall well below levels the U.S. Treasury has considered prudent to maintain operations in the face of significant adverse events.150

The Constitution grants Congress the power to borrow money on the credit of the United States—one part of its power of the purse—and thus mandates that Congress exercise control over federal debt. Control of debt policy has at times provided Congress with a means of raising concerns regarding fiscal policies. Debates over federal fiscal policy have been especially animated in recent years. The accumulation of federal debt accelerated in the wake of the 2007-2008 financial crisis and subsequent recession. Rising debt levels, along with continued differences in views of fiscal policy, led to a series of contentious debt limit episodes in recent years.

The 2011 debt limit episode was resolved on August 2, 2011, when President Obama signed the Budget Control Act of 2011 (BCA; S. 365; P.L. 112-25). The BCA included provisions aimed at deficit reduction and allowing the debt limit to rise in three stages, the latter two subject to congressional disapproval. Once the BCA was enacted, a presidential certification triggered a $400 billion increase. A second certification led to a $500 billion increase on September 22, 2011, and a third, $1,200 billion increase took place on January 28, 2012.

Federal debt again reached its limit on December 31, 2012. Extraordinary measures were again used to allow payment of government obligations until February 4, 2013, when H.R. 325, which suspended the debt limit until May 19, 2013, was signed into law (P.L. 113-3). On that date, extraordinary measures were reset, which would have lasted until October 17, 2013, according to Treasury estimates issued in late September 2013. On October 16, 2013, enactment of a continuing resolution (H.R. 2775; P.L. 113-46) resolved a funding lapse and suspended the debt limit through February 7, 2014. On February 15, 2014, a measure to suspend the debt limit (S. 540; P.L. 113-83) through March 15, 2015, was enacted. Once that debt limit suspension lapsed after March 15, 2015, the limit was reset at $18.1 trillion. On October 15, 2015, Treasury Secretary Jacob Lew stated that extraordinary measures would be exhausted no later than November 3, 2015, although a relatively small cash reserve would be on hand. Lower tax receipts and higher trust fund inflows, however, reduced Treasury’s headroom more than had been expected. The Bipartisan Budget Act of 2015 (BBA2015; H.R. 1314; P.L. 114-74), which relaxed certain discretionary spending limits, suspended the debt limit through March 15, 2017.

On March 16, 2017, the debt limit was reset at $19,809 billion and Treasury Secretary Steven Mnuchin notified Congress that he had invoked authorities to use extraordinary measures. CBO estimated that those measures could meet federal obligations until sometime in the fall of 2017, although in May 2017, Administration officials said slower than expected growth in revenues could require earlier action. Some independent analysts still expect that the U.S. Treasury could meet federal obligations until sometime in early October 2017. On June 28, 2017, Treasury Secretary Mnuchin notified Congress that extraordinary measures would be used until September 29, 2017, and urged action before that date.

Total federal debt increases when the government sells debt to the public to finance budget deficits, which adds to debt held by the public, or when the federal government issues debt to certain government accounts, such as the Social Security, Medicare, and Transportation trust funds, in exchange for their reported surpluses—which adds to debt held by government accounts; or when new federal loans outpace loan repayments. The sum of debt held by the public and debt held by government accounts is the total federal debt. Surpluses reduce debt held by the public, while deficits raise it. This report will be updated as events warrant.

Trump Makes Official a Cyber Command

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In a statement, Trump said the unit would be ranked at the level of Unified Combatant Command focused on cyberspace operations. Cyber Command’s elevation reflects a push to strengthen U.S. capabilities to interfere with the military programs of adversaries such as North Korea’s nuclear and missile development and Islamic State’s ability to recruit, inspire and direct attacks, three U.S. intelligence officials said this month, speaking on the condition of anonymity. The Pentagon did not specify how long the elevation process would take.

Current and former officials said a leading candidate to head U.S. Cyber Command was Army Lt. Gen. William Mayville, currently director of the Pentagon’s Joint Staff. More here.

There has not only been resistance to this, but it appears one or more agencies are launching their own cyber departments.

The State Department quietly established a new office earlier this year within its Diplomatic Security Service to safeguard against and respond to cybersecurity threats.

The State Department officially launched the new office, called the Cyber and Technology Security (CTS) directorate, on May 28, a department official confirmed. The establishment of the directorate was first reported by Federal News Radio last week.

However:

 

At the direction of the president, the Defense Department today initiated the process to elevate U.S. Cyber Command to a unified combatant command.

“This new unified combatant command will strengthen our cyberspace operations and create more opportunities to improve our nation’s defense,” President Donald J. Trump said in a written statement.

The elevation of the command demonstrates the increased U.S. resolve against cyberspace threats and will help reassure allies and partners and deter adversaries, the statement said.  The elevation also will help to streamline command and control of time-sensitive cyberspace operations by consolidating them under a single commander with authorities commensurate with the importance of those operations and will ensure that critical cyberspace operations are adequately funded, the statement said.

Defense Secretary Jim Mattis is examining the possibility of separating U.S. Cyber Command from the National Security Agency, and is to announce his recommendations at a later date.

Growing Mission

The decision to elevate U.S. Cyber Command is consistent with Mattis’ recommendation and the requirements of the fiscal year 2017 National Defense Authorization Act, Kenneth P. Rapuano, assistant secretary of defense for homeland defense and global security, told reporters at the Pentagon today.

“The decision is a welcome and necessary one that ensures that the nation is best positioned to address the increasing threats in cyberspace,” he added.

Cybercom’s elevation from its previous subunified command status demonstrates the growing centrality of cyberspace to U.S. national security, Rapuano said, adding that the move signals the U.S. resolve to “embrace the changing nature of warfare and maintain U.S. military superiority across all domains and phases of conflict.”

Cybercom was established in 2009 in response to a clear need to match and exceed enemies seeking to use the cyber realm to attack the United States and its allies. The command is based at Fort George G. Meade, Maryland, with the National Security Agency. Navy Adm. Michael S. Rogers is the commander of U.S. Cyber Command and the National Security Agency director. The president has directed Mattis to recommend a commander for U.S. Cyber Command, and Rogers for now remains in the dual-hatted role, Rapuano said.

More Strategic Role

Since its establishment, Cybercom has grown significantly, consistent with DoD’s cyber strategy and reflective of major increases in investments in capabilities and infrastructure, Rapuano said. The command reached full operational capability Oct. 31, 2010, but it is still growing and evolving. The command is concentrating on building its Cyber Mission Force, which should be complete by the end of fiscal year 2018, he said.

The force is expected to consist of almost 6,200 personnel organized into 133 teams. All of the teams have already reached initial operational capability, and many are actively conducting operations. The force incorporates reserve component personnel and leverages key cyber talent from the civilian sector.

“This decision means that Cyber Command will play an even more strategic role in synchronizing cyber forces and training,  conducting and coordinating military cyberspace operations, and advocating for and prioritizing cyber investments within the department,”  Rapuano said.

Cybercom already has been performing many responsibilities of a unified combatant command. The elevation also raises the stature of the commander of Cyber Command to a peer level with the other unified combatant command commanders, allowing the Cybercom commander to report directly to the secretary of defense, Rapuano pointed out.

The new command will be the central point of contact for resources for the department’s operations in the cyber domain and will serve to synchronize cyber forces under a single manager. The commander will also ensure U.S. forces will be interoperable.

“This decision is a significant step in the department’s continued efforts to build its cyber capabilities, enabling Cyber Command to provide real, meaningful capabilities as a command on par with the other geographic and functional combat commands,” Rapuano said.

DreamHost/DistruptJ20 Warrant is an Outrage

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The warrant is here.

The response delivered from DreamHost to the Justice Department is 60 pages and found here.

What is this Justice Department and Judge thinking? Of note, Jeff Sessions was not sworn in as Attorney General until February 9th. The warrant was signed off by John W, Borchert who was assigned to the Criminal Division’s Fraud Division.

The Electronic Frontier Foundation is aiding DreamHost as noted in this extensive blog post.

DreamHost is fighting DoJ request for 1.3M IP addresses of visitors to anti-Trump protest site

Web hosting service DreamHost is fighting a Department of Justice demand to scoop up all the IP addresses of visitors to an anti-Trump website. The website in question, disruptj20.org, organized participants of political protests against the current U.S. administration.

Blogging about its objections to the warrant yesterday, DreamHost’s general counsel describes it as “a highly untargeted demand that chills free association and the right of free speech afforded by the Constitution”.

DreamHost says it has not been able to see the affidavit pertaining to the warrant as those records are sealed. The search warrant can be found here.

In the warrant the DoJ demands that DreamHost hand over 1.3 million visitor IP addresses to the disruptj20.org website, along with contact information, email content, and photos of thousands of people.

“That information could be used to identify any individuals who used this site to exercise and express political speech protected under the Constitution’s First Amendment. That should be enough to set alarm bells off in anyone’s mind,” argues DreamHost.

“This is, in our opinion, a strong example of investigatory overreach and a clear abuse of government authority.”

The latest developments in what has been a months-long disagreement already, are that DreamHost has now filed arguments in opposition of the DoJ demand.

Its counsel will be attending a court hearing on the matter on August 18 in Washington, D.C.

DreamHost initially challenged the government to narrow the scope of the warrant but says instead the DoJ filed a motion in the Washington, D.C. Superior Court asking for an order to compel it to produce the records.

Also blogging about the issue yesterday, the Electronic Frontier Foundation accuses D.C. prosecutors of using “unconstitutional methods” to pursue their investigation into the J20 protests, aka the day President Trump was inaugurated.

“In just one example of the staggering overbreadth of the search warrant, it would require DreamHost to turn over the IP logs of all visitors to the [disruptj20.org] site. Millions of visitors — activists, reporters, or you (if you clicked on the link) — would have records of their visits turned over to the government. The warrant also sought production of all emails associated with the account and unpublished content, like draft blog posts and photos,” the EFF writes.

“No plausible explanation exists for a search warrant of this breadth, other than to cast a digital dragnet as broadly as possible. But the Fourth Amendment was designed to prohibit fishing expeditions like this. Those concerns are especially relevant here, where DOJ is investigating a website that served as a hub for the planning and exercise of First Amendment-protected activities.”