Tag: secrecy

State sanctioned secrecy: NSA’s criminality shield

Enacted at the height of the Cold War, the NSA Act gives the agency radically sweeping powers to withhold any information from public disclosure. Specifically, Section 6 of the Act states “…nothing in this Act or any other law…shall be construed to require the disclosure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency.”

NSA has used that blanket authority to try to keep secret details about its lethal 9/11 intelligence failure. A Freedom of Information Act (FOIA) lawsuit I brought on behalf of the Cato Institute against the Defense Department (NSA’s parent organization) in January 2017 has, after over three-and-a-half years in federal court, partially punctured NSA’s veil of secrecy over the cancelled TRAILBLAZER and THINTHREAD digital network exploitation (DNE) programs.

In brief, during the five-year period leading up to the 9/11 attacks, a bureaucratic war raged inside of NSA over the best way to handle the exploding volume of digital communications the agency was trying to keep up with. On one side was a group of veteran NSA cryptographers, mathematicians and computer scientists who developed a cheap, extremely effective, and Constitutionally compliant in-house DNE system codenamed THINTHREAD. On the other side was then-NSA Director Michael Hayden, who favored an unproven, external, contractor developed DNE system called TRAILBLAZER. When then-GOP House Intelligence Committee staffer Diane Roark got the THINTHREAD team development money and language in the FY 2002 Intelligence Authorization bill directing wider deployment of the cheaper, off-the-shelf THINTHREAD system, Hayden refused to deploy it as directed — even though THINTHREAD, still in prototype development, was already producing intelligence NSA couldn’t get from any of its other existing systems.

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Trial Of Sept. 11 Defendants At Guantánamo Delayed Until August 2021

The setbacks keep piling up in the long-delayed 9/11 case in Guantánamo Bay, Cuba.

A new U.S military court judge has canceled all hearings in the case until next year and delayed the start of the trial of the five defendants charged in the Sept. 11, 2001, terror attacks until at least August 2021.

Jury selection had been scheduled to begin in January 2021, but the new judge — Col. Stephen F. Keane, who began overseeing the case in September — said a delay is necessary due to pandemic travel restrictions and his need to familiarize himself with the case.

Many Guantánamo attorneys say even the revised start date isn’t realistic, given that legal proceedings there have been at a virtual standstill since February, when the coronavirus began limiting access to the island.

“I do not expect that the trial will begin in August of 2021 because there’s just too much ground to cover between now and then,” said James Connell, lead attorney for Guantánamo prisoner Ammar al-Baluchi, who is accused of funding the 9/11 hijackers.

Tuesday’s delay order by Judge Keane, the fourth judge to oversee the 9/11 case, is the latest stumbling block at Guantánamo’s problem-plagued military court and prison, which NPR found has cost U.S. taxpayers more than $6 billion since 2002.

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Covid Gag Rules at U.S. Companies Are Putting Everyone at Risk

In the past few months, U.S. businesses have been on a silencing spree. Hundreds of U.S. employers across a wide range of industries have told workers not to share information about Covid-19 cases or even raise concerns about the virus, or have retaliated against workers for doing those things, according to workplace complaints filed with the NLRB and the Occupational Safety and Health Administration (OSHA).

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Teachers Openly Fret That Parents Might Hear Them Brainwashing Children, Call Parents ‘Dangerous’

In one of the creepiest yet most revealing Twitter threads ever to be posted on the platform, a teacher recently fretted out loud that virtual classes might allow parents to hear him brainwashing their kids. Matthew R. Kay, an educator and author of a book on “how to lead meaningful race conversations in the classroom,” worried that “conservative parents” would be able to interfere with the “messy work” of indoctrinating children into critical race theory, gender theory, and other left-wing dogmas.

Here’s the entire thread, which has since been set to private:

So, this fall, virtual class discussion will have many potential spectators — parents, siblings, etc. — in the same room. We’ll never be quite sure who is overhearing the discourse. What does this do for our equity/inclusion work? 

How much have students depended on the (somewhat) secure barriers of our physical classrooms to encourage vulnerability? How many of us have installed some version of “what happens here stays here” to help this? 

While conversation about race are in my wheelhouse, and remain a concern in this no-walls environment — I am most intrigued by the damage that “helicopter/snowplow” parents can do in the host conversations about gender/sexuality. And while “conservative” parents are my chief concern — I know that the damage can come from the left too. If we are engaged in the messy work of destabilizing a kid’s racism or homophobia or transphobia — how much do we want their classmates’ parents piling on?

It’s important to note that while some teachers responded to Kay’s comments with the appropriate level of horror and disgust, many others chimed in to share their own strategies for brainwashing during a pandemic. One teacher said she’d also been “thinking about” the problem Kay described, and had decided that she’d ask students about their preferred pronouns via survey — though she still worries that “caregivers” might see it and learn something about their children that they weren’t supposed to know. 

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New York’s true nursing home death toll cloaked in secrecy

Riverdale Nursing Home in the Bronx appears, on paper, to have escaped the worst of the coronavirus pandemic, with an official state count of just four deaths in its 146-bed facility.

The truth, according to the home, is far worse: 21 dead, most transported to hospitals before they succumbed.

“It was a cascading effect,” administrator Emil Fuzayov recalled. “One after the other.”

New York’s coronavirus death toll in nursing homes, already among the highest in the nation, could actually be a significant undercount. Unlike every other state with major outbreaks, New York only counts residents who died on nursing home property and not those who were transported to hospitals and died there.

That statistic could add thousands to the state’s official care home death toll of just over 6,600. But so far the administration of Democratic Gov. Andrew Cuomo has refused to divulge the number, leading to speculation the state is manipulating the figures to make it appear it is doing better than other states and to make a tragic situation less dire.

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