US Government Rings Up Another Whistleblower On Espionage Charges

from the criminalizing-government-accountability dept

Because our government enjoys punishing people far more than it enjoys accountability, the DOJ is prosecuting another whistleblower. A former language analyst for the Air Force and NSA has been charged with espionage for leaking documents detailing the government's drone assassination program to The Intercept.

31-year-old David Hale is the whistleblower at the center of the DOJ's latest prosecution. This now puts the Trump Administration at the top of the list for most journalist sources prosecuted for espionage, according to the Freedom of the Press Foundation.

President Trump’s Justice Department has arrested and charged former intelligence analyst Daniel Everette Hale for allegedly sharing classified national security information with a reporter. Hale is at least the sixth alleged journalistic source charged by the Trump administration in just over two years in office. The Justice Department has previously indicated dozens more leak investigations are ongoing.

The documents Hale allegedly handed to The Intercept provided the basis for the site's multi-part "Drone Papers" report. The Drone Papers exposed the breadth of the United States' program for extrajudicial, extraterritorial killings. This included operations in Yemen and Somalia where targeted killings were carried out despite lengthy gaps in intelligence and surveillance. The papers also showed the military referred to collateral damage from drone strikes as "enemies killed in action" without verifying whether or not everyone killed was actually a combatant.

Hale is unusual among prosecuted whistleblowers in that his investigation rolled out in a more public fashion than most. Hale was featured in the drone warfare documentary "National Bird," in which he discussed his reluctant participation in intelligence gathering that enabled drone strikes, as well as the risk he was taking talking about his intelligence work with the documentary crew.

Hale wasn't being overly dramatic. His home was raided by the FBI during the documentary's filming in 2014. According to the indictment [PDF], Hale's printing and removal of top secret documents began in early 2013 -- just a couple of months before the first Snowden leak. The indictment's timeline appears to be correct. In "Citizenfour," the documentary about Snowden's first meetings with Glenn Greenwald, Greenwald discusses another leak source that is most likely Hale.

At the end of the documentary “Citizenfour,” Intercept founder Glenn Greenwald tells NSA leaker Edward Snowden the Intercept has a new source of confidential information on the U.S. drone program.

“That’s really dangerous on the source’s side,” Snowden said, looking at some of the revelations. “That person is in­cred­ibly bold . . . Do they know how to take care of themselves?”

Greenwald reassures him “they’re very careful.”

Not careful enough, apparently. The indictment makes mention of encrypted communications and the possible use of Tor, but it does not seem to have prevented the government from accessing texts and chat messages sent from Hale to others about the leaked documents.

Hale is facing a total of five espionage-related charges, according to the indictment. What's somewhat surprising and/or depressing is how long this indictment took to arrive. The FBI's raid happened nearly five years ago (August 2014), but the indictment wasn't filed until March of this year. That's almost five years Hale was in limbo, waiting for the DOJ's next move.

What Hale exposed was a program that allowed the US to rain death on people around the world based only on gathered intelligence, rather than courtroom prosecutions. The US government has developed a taste for drone killings, which have only continued to escalate with each administration since their introduction during George W. Bush's presidency.

What we saw was information the government never wanted us to have. It wanted to keep these facts secret -- partly for national security reasons, but mainly because it knew the public would not wholeheartedly support point-and-click killings of people halfway around the world. Hale isn't a criminal. He's a whistleblower. But the government only likes whistleblowers it can keep from taking their problems outside its closed loop. Everyone else is just prosecution-bait.

Filed Under: air force, daniel hale, doj, drones, espionage act, leaks, nsa, prosecution, whistleblower
Companies: the intercept

Air Force, Lockheed Martin Combine Forces To 'Lose' 100,000 Inspector General Investigations

from the Up-in-the-air!-Into-the-wi34dz.eea.3rdek))we$#21....-[A]BORT,-[R]ETRY,-[F]AIL dept

In an era where storage is insanely cheap and the warning to schedule regular backups has been ringing in the ears of computer users for more than four decades, there's seemingly no explanation for the following:

The U.S. Air Force has lost records concerning 100,000 investigations into everything from workplace disputes to fraud.

A database that hosts files from the Air Force’s inspector general and legislative liaison divisions became corrupted last month, destroying data created between 2004 and now, service officials said. Neither the Air Force nor Lockheed Martin, the defense firm that runs the database, could say why it became corrupted or whether they’ll be able to recover the information.

The Air Force didn't lose investigations dating back to the mid-60s and stored on archaic, oddball-sized "floppies." It lost more than a decade's-worth of investigatory work -- from 2004 going forward, right up to the point that Lockheed discovered the "corruption" and spent two weeks trying to fix before informing its employer. At which point, the USAF kicked it up the ladder to its bosses, leaving them less than impressed.

In a letter to Secretary James on Monday, Sen. Mark Warner, D-Va., said the lost database “was intended to help the Air Force efficiently process and make decisions about serious issues like violations of law and policy, allegations or reprisal against whistleblowers, Freedom of Information Act requests, and Congressional inquiries.”

“My personal interest in the [Inspector General’s] ability to make good decisions about the outcomes of cases, and to do so in a timely manner, stems from a case involving a Virginia constituent that took more than two years to be completed, flagrantly violating the 180-day statutory requirement for case disposition,” Warner wrote.

Some notification is better than no notification, even if the "some" notification is extremely minimal and arrives well after the fact. Senator Warner remains underwhelmed.

“The five-sentence notification to Congress did not contain information that appeared to have the benefit of five days of working the issue,” Warner wrote.

The Air Force says there's no evidence of malicious intent, as far as it can tell. But there's also no evidence of competence. Why is it that files related to oversight of a government agency have no apparent redundancy? It's small details like these that show the government generally isn't much interested in policing itself.

If anything's going to be recovered, it's going to be Lockheed's job, and it's already spent a few weeks trying with little success. There may be some files stored locally at bases where investigations originated, but they're likely to be incomplete.

While I understand the inherent nature of bureaucracy makes it difficult to build fully-functioning systems that can handle digital migration with any sort of grace, it's completely incomprehensible that a system containing files collected over the last decade would funnel into a single storage space with no backup. It's one thing if this was just the Air Force's fault.

But this is more Lockheed's fault -- and despite its position as a favored government contractor -- it's also known for its innovation and technical prowess. Neither of those qualities are on display in this public embarrassment. And if it can't recover the data, it's pretty much erasing more than a decade's-worth of government mistakes, abuse, and misconduct. And while no one's going to say anything remotely close to this out loud, there has to be more than a few people relieved to see black marks on their permanent records suddenly converted to a useless tangle of 1s and 0s.

Filed Under: air force, corrupted hard drive, dod, inspector general, investigations
Companies: lockheed martin

If US Is Really Able To Target ISIS Sites Based On Social Media Posts... Why Is It Trying To Stop ISIS From Using Social Media?

from the questions-to-ponder dept

You may have heard the story that came out recently, claiming that the US Air Force was able to bomb an ISIS headquarters building based on a photo posted to social media. The story has gone somewhat viral and has been getting a lot of attention. The key bit, from DefenseTech:

“The guys that were working down out of Hurlburt, they’re combing through social media and they see some moron standing at this command. And in some social media, open forum, bragging about the command and control capabilities for Daesh, ISIL. And these guys go: ‘We got an in.’ So they do some work, long story short, about 22 hours later through that very building, three [Joint Direct Attack Munitions] take that entire building out.”

Frankly, this story has the "too good to be true" or "too good to fact check" kind of feel to it -- and tons of press have picked up on it. We'll leave it to others to sort out whether or not it really happened. However, if it did happen, doesn't it seem bizarre that folks in our government are -- at the very same time -- insisting that social media sites should be censoring and shutting down ISIS social media accounts? After all, if they can provide so much information to allow us to bomb ISIS headquarters in under a day (remember: "we kill based on metadata"), then shouldn't the US government actually be encouraging more of these "morons" to be posting photos and revealing their whereabouts and other secrets?

It seems like the US always struggles with this kind of crap. Nearly a decade ago, we had Senators demanding that YouTube not allow "terrorists" to keep their accounts, even as YouTube coverage was helping to reveal atrocities and bring more attention to horrible attacks. Or we'd see stories of law enforcement using Craiglist to help bust prostitution rings while still blaming Craigslist and demanding they stop allowing such things to happen on the platform.

Why is it that grandstanding American politicians always want to blame the platforms for people doing bad stuff on those platforms, even when those platforms appear to provide all sorts of useful information that apparently help law enforcement, intelligence agencies and the military do their jobs?

Filed Under: air force, censorship, intelligence community, isis, metadata, research, social media

US Military Classifies Wikileaks As 'Enemy Of The United States'

from the uh...-what? dept

Back when Wikileaks first released some State Department cables, creating quite the uproar among government officials, the Treasury Department was clear that it would not declare Wikileaks a terrorist organization or list Julian Assange as a "Specially Designated National" on the list, because it did not meet the proper criteria. However, a document from the Air Force, released under a Freedom of Information Act request, has revealed that Assange and Wikileaks have been declared "enemies of the US" in a specific investigation into a cyber systems analyst who dared to "express support for Wikileaks" and attended a pro-Wikileaks demonstration. By designating Wikileaks an enemy of the US, the military is effectively declaring that any contact with Wikileaks or its supporters could be deemed "communicating with the enemy" -- which can be punished severely (even death). For all sorts of reasons, this seems like a ridiculous and horrific overreaction. Even if you disagree with Wikileaks or how Assange goes about what he does, having the US government declare you an "enemy to the United States" for seeking to increase transparency seems both extreme and completely out of proportion with the reality of the situation.

Meanwhile, Assange himself was able to address the UN via video, in which he lashed out at the hypocrisy of the US government, defending freedom of speech with one breath, while at the same time seeking to bring down Wikileaks. While it's no secret that Assange and Wikileaks have embarrassed the US, it's a massive leap to go from that to claiming that it is an "enemy" of the United States. Just doing so could put incredible chilling effects on all sorts of journalists. The idea that leaking relevant and newsworthy information can get you classified as such has incredibly scary implications. It broadens the definition of an "enemy of the state" to ridiculous proportions, and begs to be abused by a government that doesn't seem to handle embarrassment particularly well. Even if you think Wikileaks goes too far or that Assange himself is an egomaniac, it seems that we should all be quite worried about the implications of declaring him and the organization enemies of the state for merely leaking information that they felt was newsworthy.

Filed Under: air force, enemy of the us, julian assange, us military
Companies: wikileaks

DailyDirt: I Want A New Drug...

from the urls-we-dig-up dept

Many mind-altering drugs lead to trouble at some point. But what about treatments that help improve memory or intelligence? Forget those energy drinks, serious scientists are working on ways to improve memory and learning skills. Here are just a few examples.

• A protein named the brain-derived neurotrophic factor (BDNF) seems to be correlated with exercise and improved memory. But exercise is hard, so there'll be plenty of BDNF pills and 'Flowers for Algernon' situations to look forward to. [url]
• Taking drugs like Ritalin and caffeine might provide a temporary boost to mental abilities, but R&D efforts to discover a pill that permanently improves brain function are likely futile. Pharmaceutical companies benefit more from treatments rather than cures, anyway. [url]
• Air Force researchers have figured out a way to reduce training time by 50% -- using mild electrical currents delivered to pilots' heads. The technique uses transcranial direct current stimulation (TDCS), and the treated pilots have been reported to say, "I know Kung Fu" in a Keanu-like way. [url]
• To discover more interesting articles on the human mind, check out what's currently floating around the StumbleUpon universe. [url]  

By the way, StumbleUpon can recommend some good Techdirt articles, too.

Filed Under: air force, bdnf, drugs, learning, memory, ritalin, tdcs, tms, transcranial direct current stimulation

Air Force In Super Denial Mode: Blocks Access To News Sites Covering Wikileaks

from the head-in-the-sand dept

And we thought the Library of Congress was in denial mode for blocking access to Wikileaks. It appears the Air Force has gone a step further into denial, as it's now blocking access to over 25 sites, including major news publications covering Wikileaks, such as the NY Times and The Guardian. Apparently, anyone on an Air Force computer who goes to the NY Times is being told: "ACCESS DENIED. Internet Usage is Logged & Monitored," Along with a notice warning people that anyone accessing an "unauthorized" site may be punished. Apparently none of the other branches of the military have the same thing in place, though we've heard from others in the military that Defense Department computers are blocking websites with "Wikileaks" in the title.

As Jeffrey Toobin notes in the CNN link above: "Our enemies can see the documents, but not those whom we trust to defend our country." How does that make sense?

And, of course, to make matters even more ridiculous, this is the Air Force... the supposed "cyber" expert branch of the military, these days. A little while back, the Defense Department announced that "cyber" issues were to be handled by the Air Force. Yet, they can't figure out that blocking their own access to mainstream media news sites is a dumb idea? These are the guys we've tapped to handle our country's "cyber defense"?

Filed Under: air force, blocks, guardian, ny times, wikileaks
Companies: wikileaks

US Lost Touch With 50 Nukes This Weekend

from the that-does-not-sound-good dept

On the heels of hearing about how the US lost its nuclear launch codes for a few months over a decade ago, comes a report about how the launch control at the Warren Air Force Base apparently couldn't communicate or monitor 50 nuclear missiles this past weekend. There were backup systems that allowed others to monitor the missiles, but apparently the whole snafu, due to a single hardware failure, seems to have shaken a few folks who aren't happy that this happened, noting that the US plans "are wholly inadequate to handle an entire squadron of missiles dropping offline." Comforting.

Filed Under: air force, nuclear weapons, us

Air Force PS3 Supercomputer Screwed By Sony Killing Off Linux Support

from the don't-mess-with-the-air-force dept

Back in March, we wrote about Sony's bizarre decision to delete a feature on PS3's, that would let you install other operating systems. This was an advertised feature that, while not used by most PS3 buyers, was used pretty widely and creatively. In fact, we noted in that post that the US military had used PS3s to build a supercomputer. While Sony has now been sued for this form of bait-and-switch, Ars Technica checked in on the Air Force folks who built that PS3 supercomputer, and found out that they're not particularly happy about this development. While it doesn't immediately impact them (since their PS3s aren't connected to the network and don't need the upgraded firmware that will break the Linux support), it does mean that if machines break down and replacements are needed, the Air Force could be in trouble:

"We will have to continue to use the systems we already have in hand," the lab told Ars, but "this will make it difficult to replace systems that break or fail. The refurbished PS3s also have the problem that when they come back from Sony, they have the firmware (gameOS) and it will not allow Other OS, which seems wrong. We are aware of class-action lawsuits against Sony for taking away this option on systems that use to have it."

The article also details how this wasn't just a gimmick by the Air Force, but it really was a cheap and effective way of building a supercomputer -- significantly cheaper than other options. After comparing a bunch of different solutions, they found that there were only two options for the kind of performance they wanted: the PS3 option or a Xeon-based multithreaded system. But in comparing the cost, the Xeon system would be "more than an order of magnitude greater than the PS3 technology."

You would think that Sony would know better than to piss off the US Air Force.

Filed Under: air force, linux, ps3
Companies: sony

We're The US Government, So We Can Ignore Pesky Things Like The DMCA

from the isn't-that-nice? dept

While the federal government of the US has dumped on us dreadful laws like the DMCA, when it comes time for it to follow those laws itself, it takes a pass. Why be inconvenienced like the rest of us? We've talked about how the US government likes to ignore patent law using either "state secrets" or "sovereign immunity" claims, and now it appears they're using that for copyright law as well. CAFC (Court of Appeals for the Federal Circuit) has allowed the Air Force to dismiss a DMCA lawsuit lodged against them by claiming "sovereign immunity."

The details of the case are pretty straightforward. A guy in the Air Force, in his spare time, developed some useful software that the Air Force started using, without any sort of contractual relationship established (and, apparently, unlike most companies, it didn't have any agreement with him that automatically gave them ownership of the software). He kept the source code secret, but the Air Force rewarded him with a promotion. But, then, the Air Force got worried that it was so dependent on this one guy, so it demanded the source code to the software. The guy refused, and received a pay cut and a demotion. The Air Force then hired another company to reverse engineer the software, and to get around the DRM that the guy had put on his original software.

No matter how silly the DMCA's anti-circumvention provision is, this would seem like a textbook case where it was violated. Except that the Air Force basically said "we're the gov't, so that doesn't apply to us" and the court agreed. It must be fun to be the government, where you get to pass laws and then can ignore them at will.

Filed Under: air force, copyright, dmca, government, software, sovereign immunity

Air Force The Latest To Make Illegal False DMCA Claim

from the time-to-hire-better-lawyers dept

We've seen way too many bad DMCA takedown notices over the years, but this latest one may be the most ridiculous yet. A lawyer representing the Air Force has issued a takedown notice on an advertisement that the Air Force released publicly about its cyberdefense initiatives. There are so many things wrong with this, it's difficult to know where to start. First off, the Air Force was using this as an advertisement that they wanted displayed as widely as possible. In fact, the Air Force specifically sent the ad to sites like Wired asking them to run it. Second, and more importantly, as a government-produced content, it is not covered by copyright, and therefore not subject to the DMCA. Third, even the Air Force's own website notes that the video states: "Information presented on the Air Force Recruiting website is considered public information and may be distributed or copied." Fourth, Wired notes that the Air Force's marketing chief, who sent Wired the video in the first place, has no clue that the DMCA takedown notice was issued and doesn't understand why it happened. Wired eventually discovered that a law firm representing the Air Force sent the takedown notice -- and is violating the law in doing so. In a takedown notice, you need to swear, under threat of perjury, that you either have the copyright or represent those who do and that the content is infringing. It would certainly appear, under that basis, that the lawyer issuing the letter may have perjured herself, issuing a false DMCA takedown notice. Of course, as a lawyer, you would think she would know that.

Filed Under: air force, copyright, dmca, takedown