Where is the Legislation/Law Mandating Against Cyber Intrusions?

No one in Washington DC or media talks about the ever constant cyber attacks against all things United States.

There have been countless hearings on The Hill about Russian operations against the election architecture in the United States as well as other allied countries. While Russia is one of the top threats, Iran and North Korea are also guilty, yet China likely ranks number two behind Russia.

So, anti-Trump people inside the Beltway blame the Trump White House for the lack of leadership on the issue(s) especially when it comes to protections on the voter-roll databases at the state level and the learning curve of vulnerabilities of the voting machines themselves. So…where are these lawmakers and the bills they have introduced for debate, committee and eventual passage in both Houses of Congress anyway?

Who is protecting data across the board, our data? Where is the Department of Homeland Security and the FBI on the matter? Both those agencies were assigned to collaborate with threatened State Elections Commissions during the General election. Remember that?

This all began during the Obama administration where the ultimate punishment was to expel Russian diplomatic officials, close two dachas and the Russian compound in San Francisco. Has that sent a message to Moscow and fixed the problem(s)? NO….

There are thousands of experts outside the Federal government that do offer assistance with investigations and attributions and they too can offer some in sight into legislative frameworks and yet no one knows if that has been forthcoming.

*** Russian Attacks Will Continue

UPDATE: As the nation’s top intelligence chiefs testified before the Senate Intelligence Committee Tuesday, spelling out the very real threat Russia continues to pose to our democracy, Director of National Intelligence Dan Coats admitted “there is no single agency leading the United States’ efforts to respond to and combat Russian election meddling.”

Multiple Senators on the panel expressed their concern for President Trump’s ongoing unwillingness to acknowledge Russian interference in the 2016 election, echoing a common sentiment among national security experts that an absence of leadership at the top is hindering U.S. efforts to fight back.

CNN:

… Coats said Tuesday “there should be no doubt” that Russia sees the 2018 US elections as a target.

Coats and the other top national security officials told the Senate Intelligence Committee on Tuesday that they still view Moscow as a threat to the 2018 elections, a stance that appears at odds with President Donald Trump’s repeated dismissals of Russian election meddling.

“We expect Russia to continue using propaganda, social media, false-flag personas, sympathetic spokesmen and other means to influence, to try to build on its wide range of operations and exacerbate social and political fissures in the United States,” Coats said at a hearing on worldwide threats. “There should be no doubt that Russia perceives its past efforts as successful and views the 2018 US midterm elections as a potential target for Russian influence operations.”

(…)

Sen. Angus King, I-Maine, pressed on the disparity between the intelligence community’s viewpoint and the president’s — urging the intelligence chiefs to persuade the president to accept their findings that Russia interfered in the 2016 election.

“My problem is, I talk to people in Maine who say the whole thing is a witch hunt and a hoax ‘because the President told me’,” King said. “There’s no doubt, as you all have testified today, we cannot confront this threat, which is a serious one, with a whole of government response when the leader of the government continues to that deny it exists.”

The Atlantic:

John Sipher, a former chief of station for the CIA who served for 28 years in Russia, Europe, and Asia, told me that the intelligence community will continue to be focused on Russia’s threat “no matter what the White House says or doesn’t say.” Ultimately, though, it will be up to Trump to implement meaningful changes.

“The IC is not the most important in this case,” Sipher said, referring to the intelligence community. “They may uncover what the Russians are up to but they can’t really defend against it or take actions to deter it, unless the President supports a covert action effort to screw with the Russians, like with a cyber attack.”

“Tightening up our social media, protecting voter-registration systems and procedures—those things are beyond the ability or mandate of the IC,” Sipher said. “And I don’t think we have done nearly enough to deter or defend against Russian attacks.

US intel chiefs unanimous that Russia is targeting 2018 elections (CNN)

Russia Will Meddle in the Midterms (The Atlantic)

No Agency Leading U.S. Response to Russian Election Meddling, Says Intel Chief (The Daily Beast)


As the Senate Intelligence Committee hears from the nation’s top intelligence and national security officials on worldwide threats, a prepared written assessment warns of ongoing Russian efforts to undermine democracy.

NBC News:

“Foreign elections are critical inflection points that offer opportunities for Russia to advance its interests both overtly and covertly,” says the assessment. “The 2018 US mid-term elections are a potential target for Russian influence operations.”

(…)

“We assess that the Russian intelligence services will continue their efforts to disseminate false information via Russian state-controlled media and covert online personas about US activities to encourage anti-US political views,” the statement says.

“Moscow seeks to create wedges that reduce trust and confidence in democratic processes, degrade democratization efforts, weaken US partnerships with European allies, undermine Western sanctions, encourage anti-US political views, and counter efforts to bring Ukraine and other former Soviet states into European institutions.”

In his opening statement, Vice Chairman Mark Warner (D-VA) noted President Trump’s absence of leadership on the issue.

Sen. Mark Warner, D-Va., the top Democrat on the committee, said in prepared remarks that “the President inconceivably continues to deny the threat posed by Russia. He didn’t increase sanctions on Russia when he had a chance to do so. He hasn’t even Tweeted a single concern. This threat demands a whole-of-government response, and that needs to start with leadership at the top.”

U.S. intel agencies expect Russia to escalate election meddling efforts (NBC News)

Worldwide Threat Assessment (pdf)

State Dept Proposes Lead Agency on Economic/Cyber Bureau

This sounds great until one considers there is no lawful cyber policy against any nation, rogue or otherwise where there are consequences for hacks, malicious malware or cyber theft. Meanwhile, all cyber units within the Federal government as well as independent outside corporations are well aware of China, North Korea, Russia and proxies are the constant and proven cyber threats to the United States without punishment.

Further, there are two details that are omitted in the summary below, the global actions of cybercurrencies and how governments are plotting regulations but more the global economic agenda. There is no way to stop a borderless world.

The 2016 State Department posture on foreign cyber threats is here.

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Tillerson proposes new unified bureau at State to focus on cyber

Secretary of State Rex Tillerson is proposing the consolidation of two separate offices at the State Department to form a single bureau that will focus on a wide range of cyber issues.

A State Department spokesperson told The Hill that the two offices, the Office of the Cybersecurity Coordinator and the Bureau of Economic Affairs’ Office of International Communications and Information Policy, would be unified in order to form the proposed Bureau for Cyberspace and the Digital Economy.

“The combination of these offices in a new Bureau for Cyberspace and the Digital Economy will align existing resources under a single Department of State official to formulate and coordinate a strategic approach necessary to address current and emerging cyber security and digital economic challenges,” Tillerson said in a Tuesday letter to House Foreign Affairs Committee Chairman Ed Royce (R-Calif.). 

“The Department of State must be organized to lead diplomatic efforts related to all aspects of cyberspace,” the secretary added.

The decision comes after Tillerson faced scrutiny from both parties last year over his decision to fold the standalone Office of Cybersecurity Coordinator into an economic-focused bureau as part of his broad efforts to reorganize the agency.

Royce first relayed the news during a cyber diplomacy briefing on Tuesday that focused on the need to engage the international community on cybersecurity-related issues.

“The proposal will elevate the stature of the department official leading cyberspace policy to one that is confirmed by the U.S. Senate — an assistant secretary — to lead high-level diplomatic engagements around the world,” the secretary argued.

Last year, Royce introduced a bill, titled the Cyber Diplomacy Act, that seeks to restore a State Department office specifically focusing on cyber diplomacy efforts. The House passed the bill last month, which also calls for the official leading the cyber office to have the rank of ambassador.

Royce said Tillerson’s proposal is a “welcomed” move, but continued to vouch for the Cyber Diplomacy Act to “help keep America safe and strong.”

“Cyberspace is vital to America’s national security, and to our economy. That’s why I have long called for the State Department to have a high-ranking diplomat who can confront the full range of challenges we face online,” Royce said in a statement in response to Tillerson’s letter.

“The Foreign Affairs Committee will continue to work with the department and our colleagues in the Senate to ensure this assistant secretary and bureau is empowered to engage on the full range of cyber issues, dealing with security, human rights, and the economy,” he continued.

A State Department spokesperson said the proposal is part of an effort to spearhead cyber policy and address cybersecurity on a global scale.

“The State Department recognizes its leadership role of diplomatic efforts related to all aspects of cyberspace and the need to have an effective platform from which to engage relevant global stakeholders and exercise that leadership role,” the spokesperson said.

Under Tillerson’s proposal, the cyber bureau would seek to establish a “global deterrence framework” in an effort to outline how countries can respond when other nations “engage in malicious cyber activities.”

It would also seek to develop strategies against adversaries, promote programs that help with cyber threat prevention and responses, establish partnerships to keep the nature of the Internet open with a cross-border flow of data and open lines of dialogue for diplomatic officials to further engage on such issues.

At the start of the hearing, Royce emphasized the importance of the State Department’s role in cybersecurity issues as other countries attempt to impose control over cyberspace.

“The department’s role becomes essential when you consider that it’s not just computer networks and infrastructure that the United States needs to protect. The open nature of the internet is increasingly under assault by authoritarian regimes, like China, that aggressively promote a vision of ‘cyber sovereignty,’ which emphasizes state control over cyberspace,” Royce said in his opening remarks.

Three cyber experts testified before the lawmakers for roughly three hours on Tuesday, including the State Department’s former top cyber diplomat.

Chris Painter, the agency’s former cybersecurity coordinator, had already emphasized the need for the State Department to assume a key role in cyber policy before Tillerson’s proposal became public.

“[G]iven the international nature of the threats and the technology itself, that the State Department should play a leading role in that effort and that effective cyber diplomacy,” Painter told the lawmakers.

“For the U.S. to continue to lead, as it must, cyber issues must be re-prioritized and appropriately resourced at the State Department. Moreover, it is important that the position of the individual leading these efforts be at a very high-level — not buried in the bureaucracy or reporting through any one functionally or perspective limited chain of command,” he added.

Under the proposal, an assistant secretary will lead the new bureau and report to the Under Secretary for Economic Growth, Energy and the Environment.

Painter praised Tillerson’s plan after Royce relayed Tillerson’s proposal at the hearing. But he argued that it “makes a lot more sense” for the assistant secretary to report to the undersecretary for political affairs rather than economic affairs.

“I applaud the fact that they’ve taken action. I think it’s great they’re elevating it. That’s exactly what should be done,” Painter said.

In July, Painter left his top position shortly before Tillerson alerted Congress about his plans to close the cybersecurity office.

 

Who Granted him Permission to Enter the United States?

He entered on a non-immigrant visa and became a pilot? Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel.

A video still of Al Farooq, Al Qaeda’s most notorious training camp, in June 2001. It was destroyed in the American bombing campaign in Afghanistan in the weeks after the Sept. 11 attacks. A Saudi man living in Oklahoma has been arrested after his fingerprints were found on an application to join the camp that he filled out in 2000. via Agence France-Presse — Getty Images

***

The Al Farouq training camp, also known as “the airport camp”,[1] and Jihad Wel al-Farouq, was an alleged Al-Qaeda training camp near Kandahar, Afghanistan. Camp attendees received small-arms training, map-reading, orientation, explosives training, and other training.

The United States attacked the area with cruise missiles on August 20, 1998, in retaliation for the 1998 embassy bombings.[2][3] It continued to operate until August 2001, when it was shut down by its trainers.[4] The camp was bombed again on October 10, 2001.[5]

According to American intelligence analysts, the director of the Al Farouq camp was a Saudi named Abdul Quduz, who was later one of the commanders at the battle of Tora Bora.[6][7][8]

*** Image result for al farouq training camp afghanistan

Abu Hammam training at al-Farouq camp n Afghanistan. Usama Bin Laden appointed him responsible for the Syrians then. Abu Hammam al-Suri, aka Farouq, fought in Afghanistan; was Emir of Kandahar Airport; trained Jihadists for Zarqawi and joined Nusra

WASHINGTON — A Saudi immigrant suspected of once applying to join Al Qaeda’s most notorious training camp was arrested on a charge of visa fraud in Oklahoma, where he had been living for years with his family, federal law enforcement officials said on Tuesday.

The F.B.I. discovered the man, Naif Abdulaziz Alfallaj, only recently, when the authorities matched his fingerprints to those taken from a document captured in Afghanistan, the officials said. The document was an application for the Farooq camp, where four of the Sept. 11 hijackers trained.

He apparently filled out the application in 2000, when he was about 17, the officials said, well after Al Qaeda had made its intentions of attacking the United States and its allies known to the world. Anyone who tried to join the camp would have known that Al Qaeda was a terrorist organization, the law enforcement officials said.

Typically people who applied to the camp filled out what was known as a “mujahedeen data form.” They needed an invitation to join the camp and a reference from someone known and trusted by Al Qaeda. Trainees learned how to use weapons and explosives at the camp. After training, camp attendees fought with Al Qaeda or the Taliban in Afghanistan.

Mr. Alfallaj, 35, obtained his pilot’s license in 2016, according to public records and American officials. Noncitizens are required to submit fingerprints as part of the licensing process.

Mr. Alfallaj came to the United States in about 2011 on a nonimmigrant visa and had been living in Weatherford, Okla, about 70 miles west of Oklahoma City, American officials said. The F.B.I. had been watching hi m for about five months and had been trying determine whether Mr. Alfallaj was involved in terrorist activity in the United States. The F.B.I. declined to comment, and little else was known about him.

The case highlights the difficulty facing the government in processing the large amounts of fingerprints, photographs, messages, email addresses, phone numbers and DNA samples that have been collected in nearly two decades of war.

Many documents and electronic media collected in Afghanistan land on the shelves of a unit in the F.B.I.’s counterterrorism division. The materials, which are stored in federal facilities in Northern Virginia and at F.B.I. Headquarters in Washington, have been a vexing problem for the agency. A merican officials have long wanted to exploit the materials but lacked the resources as the F.B.I. has focused on other pressing terrorism investigations over the years.

The number of documents was staggering, perhaps in the hundreds of thousands, said a former F.B.I. official who worked in the unit. Much of the information is in other languages, such as Arabic. To inspect the materials, the F.B.I. would need to reassign linguists from other cases.

The case of Mr. Alfallaj is similar to one brought in 2011 against two Iraqi men who were arrested in Bowling Green, Ky., after they had entered the United States. The F.B.I. discovered the men after finding fingerprints on explosive devices that had been used to attack American soldiers in Iraq. The two men were later convicted of terrorism charges and sentenced to life in prison.

After the men were discovered, the F.B.I. deployed hundreds of people to pull fingerprints off of improvised explosive devices stored at the Terrorist Explosive Device Analytical Center, known around the bureau as the Bomb Library of America. Officials said a similar effort is underway to make sure other materials similar to the training camp application are examined.

At some point, the F.B.I. decided to go through the terrorist camp applications to determine whether any fingerprints could be identified as part of a renewed ef fort to identify possible terrorism suspects, law enforcement officials said.

Mr. Alfallaj should never had been able to enter the country, said James W. McJunkin, the former head of counterterrorism at the F.B.I.

“I’d say there was a number of breakdowns going back to where the original intelligence was maintained and stored,” Mr. McJunkin said. “He should have been on a watch list.”

The WH, DHS and State Taking on a Higher Middle East Threat

We have been making demands to list the Muslim Brotherhood as a terror organization for years. While other allied nations have taken a more aggressive posture with listing the Muslim Brotherhood as a threat, the United States remains uncommitted. Are some pieces beginning to line up for national security?

The State Department is at least taking ‘some’ steps however in the right direction, but it regards Egypt.

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Foreign Ministry Spokesperson Ahmed Abu Zeid welcomed the decision made by the United States to include the groups of “Hasm” and “Lewaa El-Thawra”, affiliated with the Muslim Brotherhood terrorist organization, on the US list of terrorist organizations. He regarded the decision as a positive development in the recognition of Egypt’s international partners, primarily the UnIted States, of the danger the Muslim Brotherhood and its offshoots pose to the security and stability of Egypt and its people.

 The Spokesperson added that the US decision is a practical display of solidarity with Egypt against terrorism, and the despicable attempts that aim to hinder its developmental trajectory and economic launch. This stance was recently expressed by the US officials at the highest levels, and represents an important step forward towards adopting an international comprehensive and effective strategy to eradicate and root out terrorism.

Okay, that is a good thing. But there are a few more piece of news to add.

A Department of Homeland Security draft report from late January called on authorities to continuously vet Sunni Muslim immigrants deemed to have “at-risk” demographic profiles.

The draft report, a copy of which was obtained by Foreign Policy, looks at 25 terrorist attacks in the United States between October 2001 and December 2017, concluding there would be “great value for the United States Government in dedicating resources to continuously evaluate persons of interest” and suggesting that immigrants to the United States be tracked on a “long-term basis.”

The CBP draft report comes on the heels of a controversial study by DHS and the Justice Department, released on Jan. 16, which claimed that three out of every four individuals convicted of international terrorism or terrorism-related offenses were immigrants. Critics have charged that the joint report had serious methodological issues and cherry-picked the data to justify the Trump administration’s restrictive immigration policies. Read more here for context.

What is the Trump administration coming to learn that the previous administration refused to address?

Following the events of September 11, 2001, the Iranian Revolutionary Guard helped relocate al-Qaeda members and leadership by providing them with new clothes, shoes, Iranian passports and money.

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These details were discovered in a series of letters from the al-Qaeda communication officer Atiyyatullah al-Libi, whose real name is Jamal Ibrahim al-Shtaiwi al-Musrati. He was appointed by Osama bin Laden himself as an al-Qaeda envoy in Iran.

The letters also reveal the nature of the cooperation between Iran and one of the al-Qaeda fighting factions in Libya.

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Letters from a member of the Libyan al-Qaeda fighting groups called Nader, addressed to Atiyyatullah al-Libi who in turn informed bin Laden about its content, showed that the Iranian regime’s approach to its international relationships is based on interests, not friendship.

This is what the Iranian Revolutionary Guard confirmed in a meeting with Nader while arranging for his departure from Iranian territory in 2007. They said: “We have no friends in the world, even the place you are going to, there are only common interests between us.”

According to the letter, this took place at the headquarters of al-Qaeda leaders and the al-Zarqawi group in one of the compounds dedicated for them.

An Iranian passport and a warning not to return

At the end of these discussions, the Revolutionary Guards granted the al-Qaeda fighter, Nader, an Iranian passport with an entry stamp, according to the letter. He added that he met a “Kurdish brother” who lent him a sum of money, after which al-Qarry (an al-Qaeda leader who was killed by an unmanned US drone in Afghanistan in 2017) sent him another $1,080.

Al-Masry becomes Ayman al-Zawahiri’s deputy in Syria

The escape was in 2007, as mentioned in a letter from Atiyyatullah to Osama bin Laden which was found as part of what is known as the Abbottabad files.

Nader remained in Iran along with Abu al-Khair al-Masry and Muhammad Rajab Abdul Rahman, the second-highest ranking commander of al-Qaeda.

“Abdulhadi al-Libi left a week before me, and I do not know anything about him. As for Abdullah Rajab, he stayed with us for a year and 4 months, while his family stayed in a house in Zahedan, which made him psychologically ill. But after a year and 4 months, they reunited him with his family and told him you have to stay here,” Nader said.

Despite the fact that Iran kept Abu al-Khair al-Masry for more than a decade and a half, the Revolutionary Guard sent him to Syria in 2013 as a deputy of Ayman al-Zawahiri who was the top leader of al-Qaeda. Al-Masry was killed in Idlib, north of Syria, in 2015.

Al-Qaeda recruitment and the move to Syria

The Iranian’s coordination with the Syrian regime in recruiting al-Qaeda elements, and directing them according to the common interests of both parties, was revealed in a letter showing parts of negotiations between the Iranian Revolutionary Guard and a number of al-Qaeda factions in Evin prison.

Nader reunited with al-Qaeda members in Evin prison three weeks before he was released, and they were all sent to a “secret location”.

Bin Laden’s companions and al-Zarqawi

Iran’s Evin prison was not limited to Osama bin Laden’s companions and fighters, it also housed the al-Zarqawi group, including Abu al-Qasim, known as “Khaled Al Arouri”, al-Zarqawi’s assistant who is currently based in Syria and is part of what is known as the Khorasan Qaeda group.

This group’s leaders moved from Iran to Syria in 2013. The prison also housed the Yemeni Ali Saleh Hussein, known as “Abu al-Dahak”, who was close to Osama bin Laden, and was the link between al-Qaeda and its supporting organizations in Chechnya.

 

SECDEF Rumsfeld’s Thoughts on September 10, 2001

SecDef Said Biggest Threat on 9/10/2001: Pentagon Bureaucracy

Archive FOIA Lawsuit Wins Monthly Releases Thanks to Pro Bono Representation by Skadden Arps

Washington D.C., January 24, 2018 – On the day before September 11, 2001, Secretary of Defense Donald Rumsfeld believed the gravest threat to American national security was Pentagon bureaucracy, according to “snowflakes” he wrote that were released by the Defense Department after a five-year Freedom of Information Act fight and lawsuit by the National Security Archive.

At 10:15 AM on September 10, Rumsfeld authored a snowflake – the term used to describe his usually one-page, often one-sentence, memos that he sent to his underlings to ask a question or issue an instruction – bemoaning the quantity of DOD agencies, surgeons general, inspectors general, judge advocates general, Congressional Relations functions, and Public Affairs functions.  He concluded the memo by asking, “Is this all really necessary?”  In a separate September 10 item, he pondered abolishing the Armed Forces Staff College.

The same day, Rumsfeld gave a speech warning, “This adversary is one of the world’s last bastions of central planning.  It governs by dictating five-year plans.  From a single capital, it attempts to impose its demands across time zones, continents, oceans, and beyond….You may think I’m describing one of the last decrepit dictators of the world [but] the adversary’s closer to home.  It’s the Pentagon Bureaucracy.”

The September 10 memo is one page out of an estimated 59,000 pages the Pentagon has begun to provide in segments to the Archive in response to its FOIA suit.

The next snowflake in the corpus is dated September 12, 2001.  In it, Rumsfeld instructs, “Someone ought to be thinking through what kind of an event we are going to have for the people who died here.”  In the aftermath of the September 11, 2001 attacks, the Pentagon budget expanded from 325 billion in FY 2001 to 447 billion in FY 2006 and military personnel estimates rose from 76,888 to 111,286 during the same period, ending Rumsfeld’s war on bureaucracy.

Rumsfeld eschewed modern email communication and used paper and ink instead, because he believed it was much easier to keep paper on file and track the progress of his dictums and queries.   Though quick for Rumsfeld to dictate or type, these memos requesting actions, position papers, or research were a significant burden on Pentagon employees, growing, in Rumsfeld’s own words, “from mere flurries to a veritable blizzard.” According to Washington Post reporter Robin Wright, one of the first to disclose Rumsfeld’s use of snowflakes, it was not uncommon for him to send up to 60 snowflakes on a given day.

Rumsfeld began publishing a relatively small subset of these snowflakes to publicize his 2011 memoir Known and Unknown.  The DOD release of these documents to Rumsfeld caused a stir among researchers and historians whose FOIA requests for the same material, made years earlier, continued to languish in the DOD queue.  In June of 2011, the Archive filed a FOIA request for the entire body of snowflakes.  Six years later, not having received a single snowflake from that request, the Archive filed a Freedom of Information Act lawsuit against the Department of Defense.

Represented pro bono by the firm Skadden, Arps, Slate, Meagher & Flom, the Archive filed its complaint on March 17, 2017.  Skadden attorneys Melissa Smith, Cliff Sloan, and Gregory Craig of Skadden Arps, had the pleasure of hearing the Department of Defense attorney Mark Harrington confess at an August 7, 2017, hearing, “As far as the delay in the initial response to the request, all I can do is fall on our sword; that was too long.”  Judge Tanya S. Chutkan agreed, calling the DOD six-year delay “unconscionably long.”

The Department of Defense is now releasing the snowflakes on a rolling monthly basis.  In addition to highlighting particular items, the Archive is posting them in their entirety online as they become available to us on a special section of our website named “Rumsfeld’s Snowflakes.”

The full corpus of snowflakes is a critical historical resource.  The snowflakes serve as a sort of ultimate Pentagon chronology, touching on such diverse DOD issues as staffing, Rumsfeld’s personal requests, advice from such notables as Frank Gaffney and Newt Gingrich, communications from Rumsfeld to President George W. Bush, relations with Russia, China, and other nations, and the DOD’s strategy and conduct in the wars in Afghanistan and Iraq.

On this page, peruse a selection of snowflakes the Archive found notable, then explore the first full release, with more to come!  Finally, tweet other notable releases using the hashtag #rummysnowflakes.

 

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