The Misguided ‘Vault 7’ Whodunit

By Jesselyn Radack

Source: Expose Facts

It is the leakiest of times in the Executive Branch. Last week, Wikileaks published a massive and, by all accounts genuine, trove of documents revealing that the CIA has been stockpiling, and lost control of, hacking tools it uses against targets. Particularly noteworthy were the revelations that the CIA developed a tool to hack Samsung TVs and turn them into recording devices and that the CIA worked to infiltrate both Apple and Google smart phone operating systems since it could not break encryption. No one in government has challenged the authenticity of the documents disclosed.

We do not know the identity of the source or sources, nor can we be 100% certain of his or her motivations. Wikileaks writes that the source sent a statement that policy questions “urgently need to be debated in public, including whether the CIA’s hacking capabilities exceed its mandated powers and the problem of public oversight of the agency” and that the source “wishes to initiate a public debate about the security, creation, use, proliferation and democratic control of cyber-weapons.”

The FBI has already begun hunting down the source as part of a criminal leak investigation. Historically, the criminal justice system has been a particularly inept judge of who is a whistleblower. Moreover, it has allowed the use of the pernicious Espionage Act—an arcane law meant to go after spies—to go after whistleblowers who reveal information the public interest. My client, former NSA senior official Thomas Drake, was prosecuted under the Espionage Act, only to later be widely recognized as a whistleblower. There is no public interest defense to Espionage Act charges, and courts have ruled that a whistleblower’s motive, however salutary, is irrelevant to determining guilt.

The Intelligence Community is an equally bad judge of who is a whistleblower, and has a vested interest in giving no positive reinforcement to those who air its dirty laundry. The Intelligence Community reflexively claims that anyone who makes public secret information is not a whistleblower. Former NSA and CIA Director General Michael V. Hayden speculated that the recent leaks are to be blamed on young millennials harboring some disrespect for the venerable intelligence agencies responsible for mass surveillance and torture. Not only is his speculation speculative, but it’s proven wrong by the fact that whistleblowers who go to the press span the generational spectrum from Pentagon Papers whistleblower Daniel Ellsberg to mid-career and senior level public servants like CIA torture whistleblower John Kiriakou and NSA whistleblower Thomas Drake to early-career millennials like Army whistleblower Chelsea Manning and NSA whistleblower Edward Snowden. The lawbreaker does not get to decide who is a whistleblower.

Not all leaks of information are whistleblowing, and the word “whistleblower” is a loaded term, so whether or not the Vault 7 source conceives of him or herself as a whistleblower is not a particularly pertinent inquiry. The label “whistleblower” does not convey some mythical power or goodness, or some “moral narcissism,” a term used to describe me when I blew the whistle. Rather, whether an action is whistleblowing depends on whether or not the information disclosed is in the public interest and reveals fraud, waste, abuse, illegality or dangers to public health and safety. Even if some of the information revealed does not qualify, it should be remembered that whistleblowers are often faulted with being over- or under-inclusive with their disclosures. Again, it is the quality of the information, not the quantity, nor the character of the source.

Already, the information in the Vault 7 documents revealed that the Intelligence Community has misled the American people. In the wake of Snowden’s revelations, the Intelligence Community committed to avoid the stockpiling of technological vulnerabilities, publicly claiming that its bias was toward “disclosing them” so as to better protect everyone’s privacy. However, the Vault 7 documents reveal just the opposite: not only has the CIA been stockpiling exploits, it has been aggressively working to undermine our Internet security. Even assuming the CIA is using its hacking tools against the right targets, a pause-worthy presumption given the agency’s checkered history, the CIA has empowered the rest of the hacker world and foreign adversaries by hoarding vulnerabilities, and thereby undermined the privacy rights of all Americans and millions of innocent people around the world. Democracy depends on an informed citizenry, and journalistic sources—whether they call themselves whistleblowers or not—are a critical component when the government uses national security as justification to keep so much of its activities hidden from public view.

As we learn more about the Vault 7 source and the disclosures, our focus should be on the substance of the disclosures. Historically, the government’s reflexive instinct is to shoot the messenger, pathologize the whistleblower, and drill down on his or her motives, while the transparency community holds its breath that he or she will turn out to be pure as the driven snow. But that’s all deflection from plumbing the much more difficult questions, which are: Should the CIA be allowed to conduct these activities, and should it be doing so in secret without any public oversight?

These are questions we would not even be asking without the Vault 7 source.

The Deepening Deep State

cia-deep-state-inside-washingtons-shadowy-power-elite

By James Howard Kunstler

Source: Clusterfuck Nation

One amusing angle on the news media broadside about Russia “hacking” the US election is the failure to mention — or even imagine! — that the US incessantly and continually runs propaganda psy-ops against every other country in the world. And I’m not even including the venerable, old, out-in-the-open propaganda organs like Voice of America and Radio Free Europe (reminder: the Iron Curtain came down a quarter century ago). Do you suppose that nobody at Langley, or the Pentagon, or the NSA’s sprawling 1.5 million square foot Utah Data Center is laboring night and day to sow confusion among other societies to push our various agendas?

The main offensive started with The Washington Post’s publication on Nov 26 of “The List,” a story calling out dozens of blogs and web news-sites as purveyors of “fake news” fronting for Russian disinformation forces. The list included Zero Hedge, Naked Capitalism, and David Stockman’s blog. There were several whack-job sites mixed in the list for seasoning — The Daily Stormer (Nazis), Endtime.com (Evangelical apocalyptic), GalacticConnection (UFO shit). The rest range between tabloid-silly and genuine, valuable news commentary. What else would you expect in a society with an Internet AND a completely incoherent consensus about reality?

Pretty obviously, the struggle between mainstream news and Web news climaxed over the election, with the mainstream overwhelmingly pimping for Hillary, and then having a nervous breakdown when she lost. Desperate to explain the loss, the two leading old-line newspapers, The New York Times and The Washington Post, ran with the Russia-Hacks-Election story — because only Satanic intervention could explain the fall of Ms. It’s-My-Turn / I’m-With-Her. Thus, the story went, Russia hacked the Democratic National Committee (DNC), gave the hacked emails to Wikileaks, and sabotaged not only Hillary herself but the livelihoods of every myrmidon in the American Deep State termite mound, an unforgivable act.

Also interestingly, these newspapers and their handmaidens on TV, were far less concerned as to whether the leaked information was true or not — e.g. the Clinton Foundation donors’ influence-peddling around arms deals made in the State Department; the DNC’s campaign to undermine Bernie Sanders in the primaries; DNC temporary chair (and CNN employee) Donna Brazille conveying debate questions to HRC; the content of HRC’s quarter-million-dollar speeches to Wall Street banks. All of that turned out to be true, of course.

Then, a few weeks after the election, the US House of Representatives passed H.R. 6393, the Intelligence Authorization Act for Fiscal Year 2017. Blogger Ronald Thomas West reports:

Section 501 calls for the government to “counter active measures by Russia to exert covert influence … carried out in coordination with, or at the behest of, political leaders or the security services of the Russian Federation and the role of the Russian Federation has been hidden or not acknowledged publicly.”

The measure has not been passed by the Senate or signed into law yet, and the holiday recess may prevent that. But it is easy to see how it would empower the Deep State to shut down whichever websites they happened to not like. My reference to the Deep State might even imply to some readers that I’m infected by the paranoia virus. But I’m simply talking about the massive “security” and surveillance matrix that has unquestionably expanded since the 9/11 airplane attacks, creating a gigantic NSA superstructure above and beyond the Central Intelligence Agency, the Department of Defense’s DIA, and the hoary old FBI.

A little paranoia about the growing fascist behavior of the US government is a useful corrective to trends that citizens ought to be concerned about — for instance, the militarization of police; the outrageous “civil forfeiture” scam that allows police to steal citizens cash and property without any due process of law; the preferential application of law as seen in the handling of the Clinton Foundation activities and the misconduct of banking executives; the attempt to impose a “cashless society” that would herd all citizens into a financial surveillance hub and eliminate their economic liberty.

These matters are especially crucial as the nation stumbles into the next financial crisis and the Deep State becomes desperate to harvest every nickel it can to rescue itself plus the cast of “systemically important” (Too-Big-To-Fail) banks and related institutions like Fannie Mae and Freddie Mac, which are about to once again be left holding colossal bags of worthless non-performing mortgages, not to mention the pension funds and insurance companies that will also founder in the Great Unwind that is likely to commence as Trump hangs his golden logo over the White House portico.

Jeremy Hammond Speaks Out on FBI Entrapment

Jeremy Hammond Photo: Jim Newberry, FreeHammond.com

Jeremy Hammond Photo: Jim Newberry, FreeHammond.com

By Sparrow Media and Jeremy Hammond

[NEW YORK, NY] Jeremy Hammond, a 28-year-old political activist, was sentenced today to 10 years in prison after pleading guilty to participating in the Anonymous hack into the computers of the private intelligence firm Strategic Forecasting (Stratfor). The Ceremonial Courtroom at the Federal Court for the Southern District of New York was filled today with an outpouring of support by journalists, activists and other whistleblowers who see Jeremy Hammond’s actions as a form of civil disobedience, motivated by a desire to protest and expose the secret activities of private intelligence corporations.

The hearing opened with arguments as to what sections of the court record will remain redacted after sentencing. While Jeremy’s attorneys initially erred on the side of caution in previous memorandums and kept large pieces of the record redacted, both the defense and prosecution agreed this morning that many of the sections should now be made available for public view. The prosecution, however took stiff exception to portions of the court record being made public that indicate victims, specifically foreign governments, that Jeremy allegedly hacked under the direction of Hector “Sabu” Monsegur, the FBI informant at the helm of Jeremy’s alleged actions. Judge Preska ordered that the names of these foreign governments remain sealed.

Jeremy’s counsel, Sarah Kunstler, who is 9 months pregnant and due to give birth today, delivered a passionate testimonial as to the person that Jeremy is, and the need for people like Jeremy during this era of exponential changes in our socio-political landscape. (Read Sarah Kunstler’s complete argument HERE) She was followed by co-counsel, Susan Kellman, who wept as she recalled her own experiences reading the hundreds of letters from supporters to the court detailing Jeremy Hammond’s unbridled selflessness and enthusiastic volunteerism. She pointed out that it was this same selflessness that motivated Jeremy’s actions in this case. She closed her testimony by underscoring that, “The centerpiece of our argument is a young man with high hopes and unbelievably laudable expectations in this world.”

Susan was followed by Jeremy Hammond himself, who gave a detailed, touching and consequential allocution to the court. The following is Jeremy’s statement to the court. We have redacted a portion [marked in red] upon the orders of Judge Preska. While we believe the public has a right to know the redacted information therein, we refuse to publish information that could adversely effect Jeremy or his counsel.

JEREMY HAMMOND’S SENTENCING STATEMENT | 11/15/2013

Good morning. Thank you for this opportunity. My name is Jeremy Hammond and I’m here to be sentenced for hacking activities carried out during my involvement with Anonymous. I have been locked up at MCC for the past 20 months and have had a lot of time to think about how I would explain my actions.

Before I begin, I want to take a moment to recognize the work of the people who have supported me. I want to thank all the lawyers and others who worked on my case: Elizabeth Fink, Susan Kellman, Sarah Kunstler, Emily Kunstler, Margaret Kunstler, and Grainne O’Neill. I also want to thank the National Lawyers Guild, the Jeremy Hammond Defense Committee and Support Network, Free Anons, the Anonymous Solidarity Network, Anarchist Black Cross, and all others who have helped me by writing a letter of support, sending me letters, attending my court dates, and spreading the word about my case. I also want to shout out my brothers and sisters behind bars and those who are still out there fighting the power.

The acts of civil disobedience and direct action that I am being sentenced for today are in line with the principles of community and equality that have guided my life. I hacked into dozens of high profile corporations and government institutions, understanding very clearly that what I was doing was against the law, and that my actions could land me back in federal prison. But I felt that I had an obligation to use my skills to expose and confront injustice—and to bring the truth to light.

Could I have achieved the same goals through legal means? I have tried everything from voting petitions to peaceful protest and have found that those in power do not want the truth to be exposed. When we speak truth to power we are ignored at best and brutally suppressed at worst. We are confronting a power structure that does not respect its own system of checks and balances, never mind the rights of it’s own citizens or the international community.

My introduction to politics was when George W. Bush stole the Presidential election in 2000, then took advantage of the waves of racism and patriotism after 9/11 to launch unprovoked imperialist wars against Iraq and Afghanistan. I took to the streets in protest naively believing our voices would be heard in Washington and we could stop the war. Instead, we were labeled as traitors, beaten, and arrested.

I have been arrested for numerous acts of civil disobedience on the streets of Chicago, but it wasn’t until 2005 that I used my computer skills to break the law in political protest. I was arrested by the FBI for hacking into the computer systems of a right-wing, pro-war group called Protest Warrior, an organization that sold racist t-shirts on their website and harassed anti-war groups. I was charged under the Computer Fraud and Abuse Act, and the “intended loss” in my case was arbitrarily calculated by multiplying the 5000 credit cards in Protest Warrior’s database by $500, resulting in a total of $2.5 million.My sentencing guidelines were calculated on the basis of this “loss,” even though not a single credit card was used or distributed – by me or anyone else. I was sentenced to two years in prison.

While in prison I have seen for myself the ugly reality of how the criminal justice system destroys the lives of the millions of people held captive behind bars. The experience solidified my opposition to repressive forms of power and the importance of standing up for what you believe.

When I was released, I was eager to continue my involvement in struggles for social change. I didn’t want to go back to prison, so I focused on above-ground community organizing. But over time, I became frustrated with the limitations, of peaceful protest, seeing it as reformist and ineffective. The Obama administration continued the wars in Iraq and Afghanistan, escalated the use of drones, and failed to close Guantanamo Bay.

Around this time, I was following the work of groups like Wikileaks and Anonymous. It was very inspiring to see the ideas of hactivism coming to fruition. I was particularly moved by the heroic actions of Chelsea Manning, who had exposed the atrocities committed by U.S. forces in Iraq and Afghanistan. She took an enormous personal risk to leak this information – believing that the public had a right to know and hoping that her disclosures would be a positive step to end these abuses. It is heart-wrenching to hear about her cruel treatment in military lockup.

I thought long and hard about choosing this path again. I had to ask myself, if Chelsea Manning fell into the abysmal nightmare of prison fighting for the truth, could I in good conscience do any less, if I was able? I thought the best way to demonstrate solidarity was to continue the work of exposing and confronting corruption.

I was drawn to Anonymous because I believe in autonomous, decentralized direct action. At the time Anonymous was involved in operations in support of the Arab Spring uprisings, against censorship, and in defense of Wikileaks. I had a lot to contribute, including technical skills, and how to better articulate ideas and goals. It was an exciting time – the birth of a digital dissent movement, where the definitions and capabilities of hacktivism were being shaped.

I was especially interested in the work of the hackers of LulzSec who were breaking into some significant targets and becoming increasingly political. Around this time, I first started talking to Sabu, who was very open about the hacks he supposedly committed, and was encouraging hackers to unite and attack major government and corporate systems under the banner of Anti Security. But very early in my involvement, the other Lulzsec hackers were arrested, leaving me to break into systems and write press releases. Later, I would learn that Sabu had been the first one arrested, and that the entire time I was talking to him he was an FBI informant.

Anonymous was also involved in the early stages of Occupy Wall Street. I was regularly participating on the streets as part of Occupy Chicago and was very excited to see a worldwide mass movement against the injustices of capitalism and racism. In several short months, the “Occupations” came to an end, closed by police crackdowns and mass arrests of protestors who were kicked out of their own public parks. The repression of Anonymous and the Occupy Movement set the tone for Antisec in the following months – the majority of our hacks against police targets were in retaliation for the arrests of our comrades.

I targeted law enforcement systems because of the racism and inequality with which the criminal law is enforced. I targeted the manufacturers and distributors of military and police equipment who profit from weaponry used to advance U.S. political and economic interests abroad and to repress people at home. I targeted information security firms because they work in secret to protect government and corporate interests at the expense of individual rights, undermining and discrediting activists, journalists and other truth seekers, and spreading disinformation.

I had never even heard of Stratfor until Sabu brought it to my attention. Sabu was encouraging people to invade systems, and helping to strategize and facilitate attacks. He even provided me with vulnerabilities of targets passed on by other hackers, so it came as a great surprise when I learned that Sabu had been working with the FBI the entire time.

On December 4, 2011, Sabu was approached by another hacker who had already broken into Stratfor’s credit card database. Sabu, under the watchful eye of his government handlers, then brought the hack to Antisec by inviting this hacker to our private chatroom, where he supplied download links to the full credit card database as well as the initial vulnerability access point to Stratfor’s systems.

I spent some time researching Stratfor and reviewing the information we were given, and decided that their activities and client base made them a deserving target. I did find it ironic that Stratfor’s wealthy and powerful customer base had their credit cards used to donate to humanitarian organizations, but my main role in the attack was to retrieve Stratfor’s private email spools which is where all the dirty secrets are typically found.

It took me more than a week to gain further access into Stratfor’s internal systems, but I eventually broke into their mail server. There was so much information, we needed several servers of our own in order to transfer the emails. Sabu, who was involved with the operation at every step, offered a server, which was provided and monitored by the FBI. Over the next weeks, the emails were transferred, the credit cards were used for donations, and Stratfor’s systems were defaced and destroyed. Why the FBI would introduce us to the hacker who found the initial vulnerability and allow this hack to continue remains a mystery.

As a result of the Stratfor hack, some of the dangers of the unregulated private intelligence industry are now known. It has been revealed through Wikileaks and other journalists around the world that Stratfor maintained a worldwide network of informants that they used to engage in intrusive and possibly illegal surveillance activities on behalf of large multinational corporations.

After Stratfor, I continued to break into other targets, using a powerful “zero day exploit” allowing me administrator access to systems running the popular Plesk webhosting platform. Sabu asked me many times for access to this exploit, which I refused to give him. Without his own independent access, Sabu continued to supply me with lists of vulnerable targets. I broke into numerous websites he supplied, uploaded the stolen email accounts and databases onto Sabu’s FBI server, and handed over passwords and backdoors that enabled Sabu (and, by extension, his FBI handlers) to control these targets.

These intrusions, all of which were suggested by Sabu while cooperating with the FBI, affected thousands of domain names and consisted largely of foreign government websites, including those of XXXXXXX, XXXXXXXX, XXXX, XXXXXX, XXXXX, XXXXXXXX, XXXXXXX and the XXXXXX XXXXXXX. In one instance, Sabu and I provided access information to hackers who went on to deface and destroy many government websites in XXXXXX. I don’t know how other information I provided to him may have been used, but I think the government’s collection and use of this data needs to be investigated.

The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but when will the government be made to answer for its crimes?

The U.S. hypes the threat of hackers in order to justify the multi billion dollar cyber security industrial complex, but it is also responsible for the same conduct it aggressively prosecutes and claims to work to prevent. The hypocrisy of “law and order” and the injustices caused by capitalism cannot be cured by institutional reform but through civil disobedience and direct action. Yes I broke the law, but I believe that sometimes laws must be broken in order to make room for change.

In the immortal word of Frederick Douglas, “Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress.”

This is not to say that I do not have any regrets. I realize that I released the personal information of innocent people who had nothing to do with the operations of the institutions I targeted. I apologize for the release of data that was harmful to individuals and irrelevant to my goals. I believe in the individual right to privacy – from government surveillance, and from actors like myself, and I appreciate the irony of my own involvement in the trampling of these rights. I am committed to working to make this world a better place for all of us. I still believe in the importance of hactivism as a form of civil disobedience, but it is time for me to move on to other ways of seeking change. My time in prison has taken a toll on my family, friends, and community. I know I am needed at home. I recognize that 7 years ago I stood before a different federal judge, facing similar charges, but this does not lessen the sincerity of what I say to you today.

It has taken a lot for me to write this, to explain my actions, knowing that doing so — honestly — could cost me more years of my life in prison. I am aware that I could get as many as 10 years, but I hope that I do not, as I believe there is so much work to be done.

STAY STRONG AND KEEP STRUGGLING!

To schedule interviews with Jeremy Hammond’s attorneys and supporters following today’s sentencing please contact Andy Stepanian, 631.291.3010, andy@sparrowmedia.net.

The Jeremy Hammond Defense Committee is a coalition of family members, activists, lawyers, and other supporters who are working together to protect free speech and to support Jeremy Hammond. The committee’s goal is to provide information to the public and the press, to organize events related to Jeremy’s case, and to support Jeremy while he is in jail. For more information, please visit http://freejeremy.net.

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