Clapper did not lie to Congress on NSA, says national intelligence counsel

• Robert Litt writes to New York Times to deny allegation

• Says ‘inaccurate’ testimony could not be corrected publicly

• Martin Pengelly in New York
• theguardian.com, Saturday 4 January 2014 12.42 EST

Robert Litt is general counsel to the Office of the Director of National Intelligence. Photograph: Manuel Balce Ceneta/AP

Robert Litt, the general counsel to the Office of the Director of National Intelligence, has written to the New York Times to deny the allegation that James Clapper, the director of national intelligence, lied to Congress about the collection of bulk phone records by the National Security Agency (NSA).

Citing an editorial entitled “Edward Snowden, Whistle-Blower” which was published on Thursday, Litt wrote that the newspaper “repeats the allegation that James R Clapper Jr … ‘lied’ to Congress about the collection of bulk telephony metadata” and added: “As a witness to the relevant events and a participant in them, I know that allegation is not true.”

The Times editorial called for Snowden, a former NSA contractor who leaked thousands of files on the agency’s surveillance practices to media outlets including the Guardian, to be offered “a plea bargain or some form of clemency that would allow him to return home”. It also listed a number of what it called “violations” which he had revealed.

Among such violations, the editorial said: “His leaks revealed that James Clapper Jr, the director of national intelligence, lied to Congress when testifying in March that the NSA was not collecting data on millions of Americans. (There has been no discussion of punishment for that lie.)”

 

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The man who misled Congress on spying will pick Obama’s intelligence review panel

By Timothy B. Lee, Published: August 12 at 7:59 pm

E-mail the writer

(AP Photo/Susan Walsh)

On Friday, President Barack Obama promised to appoint an “independent group” of “outside experts” to review the government’s surveillance programs.

Today, the president formally ordered the formation of this group, giving us a sense for just how independent the group would be. The announcement doesn’t inspire confidence that the president is interested in truly independent scrutiny of the nation’s surveillance programs.

The panel will be chosen by, and report to, Director of National Intelligence James Clapper. Clapper famously answered “no sir” when Sen. Ron Wyden (D-Ore.) asked whether the NSA collects information about millions of Americans. Clapper has since conceded that this answer was “clearly erroneous.”

And there are other signs that the group won’t turn out quite the way the president described it on Friday. Friday’s speech talked about the need for input from outside experts with independent points of view. The president made no mention of the need for outsiders or independent viewpoints in his memo to Clapper.

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Israel’s Cyberwar Operations Against America

[Editors Note:  Admist all the Cyber Warfaer hype, the Israeli threat was completely censored out, by government, media, and the official intelligence community. We have another ‘stand down’ situation.]

… by  Jim W. Dean, VT Editor      … with  Press TV 

First published  –  February 22nd, 2013

________________________

“Something old – with something new

A terror attack on America is in motion as I write. Defense contractors all over America are deploying their March 1st human shields.

If contractors like the cyber warfare hustlers don’t get their money, we are all doomed. They are going to Samson Option us all.

After the US leading the world in cyber war development and stimulating those we have targeted to increase their own capabilities, this is now spun as ‘they are attacking us.’

And like the nuclear weapons that the Israelis don’t have, and the espionage operations they do not run here, we can now add to that list the cyber warfare that they don’t do. This is how our leaders protect us.

My instincts tell me they feel the sun is setting on their Iran attack plans so they have to replace that with something very expensive like the threat of a Pearl Harbor like cyber attack from the likes of China, Russia and Iran… but not Israel, even though Israel already has.

That’s right folks, after hours of reviewing dozens of past articles and YouTubes, sometimes listening to some really silly stuff, never once were Israel’s extensive cyber war operations mentioned.

The ‘pay up or die’ cyber war scam has been played on us before. The first big push came in 2010 with the November 60 Minutes TV show. The 2007 cyber attack on DC… the Pentagon, State Dept, NSA and others, where terabytes of classified information were taken, served as the trigger.

But it also showed a huge failure on our part. Someone on the inside showed someone on the outside how to get in. Gosh, I wonder who?

It is claimed that we still don’t know who did it. But many of the top ‘War on Terror’ people from the Bush administration just happen to be major players with the big cyber warfare contractors now, and still good friends with the Israelis. So the bill was passed in 2010 and Americans began paying for having themselves monitored along with everybody else.

Going forward to February of 2012, there was some pushback to the beltway bandits as they are called, so they brought out their big guns. From FBI director Robert Mueller we had, “The cyber threat will equal or surpass the threat from counter terrorism.” Leon Panetta from the CIA was next with, “The next Pearl Harbor we confront could very well be a cyber attack that cripples our power systems.”

The one button image is hype – a visual tie in to a nuclear launch

Cyber security had changed since the 2010 days. Jim Harper of the CATO institute said in 2012 that there was no chance whatsoever that nuclear power plants would be hacked or electrical infrastructure taken down.“The worst we would have is a disruption, and that is not terror, or a war.”

And from Congress we had Mike Rogers, Republican from Michigan, reading from his prepared script, “An attack is on its way… we will suffer a catastrophic attack…”

Gosh, I wonder if he is an AIPAC man. Remember that Israel was still pushing hard at this time for a bomb attack on Iran’s IAEA-approved nuclear facilities.

This year the big guns are still some of the old faces. Ex-Homeland Security Director Michael Chertoff who we hear is also an Israeli citizen has his own cyber warfare consulting company.

He left government work early to get on the War on Terror bonanza. As director he had even flown over to Israel to put on ‘fast track’ seminars for Israeli contractors. They got their pick of those wonderful communications contracts they were looking for, where they would have back door access to spy on America for many years to come.

Former Admiral and National Intelligence Director Mike McConnell is Exec. VP of Booz Allen’s cyber security division, and making good use of his former insider contacts.

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…..

 

Israel launches cyber-warfare programme

Israel Herald (IANS) Tuesday 1st January, 2013

Israel will train teenagers on cyber-warfare to prepare them for their future role in the military and intelligence community.

“The threat of cyber attacks against Israel comes from Iran and other elements,” Prime Minister Benjamin Netanyahu said at the launch of the cyber-warfare program.

“Our vital systems are targets for attack, and this will only increase as we enter the digital age.

“We are bolstering our ability to deal with these threats and are building a digital Iron Dome,” he said at Ashkelon.

The Israel National Cyber Bureau will run the three-year program to develop expertise in cybernetics and computers among outstanding high school students, Xinhua reported.

Cyber security has become a national priority in Israel, with significant resources being invested in protecting the military and civilian computing networks.

…..

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Obama Signs Cybersecurity Executive Order

Activist Post

President Obama bypassed the Congress on Tuesday and signed the much maligned but anticipated cybersecurity executive order.

He made the announcement during the State of the Union address, stating:

‘We know hackers steal people’s identities and infiltrate private email. We know foreign countries and companies swipe our corporate secrets. Now our enemies are also seeking the ability to sabotage our power grid, our financial institutions, and our air traffic control systems,’ Obama said during his speech. ‘We cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy.’

‘That’s why, earlier today, I signed a new executive order that will strengthen our cyber defenses by increasing information sharing, and developing standards to protect our national security, our jobs, and our privacy,’ Obama continued. ‘Now, Congress must act as well, by passing legislation to give our government a greater capacity to secure our networks and deter attacks.’

The privacy-killing cybersecurity legislation CISPA has failed to pass in the Senate in two votes last year which Obama called the “height of irresponsibility.”

As usual, the executive action was “urgent” and “for our safety”. Yet, we already know that the government has already been using the powers vested in the Cyber Intelligence Sharing and Protection Act through the secret Presidential Directive 20 and warrantless cooperation with private communications companies who may act with impunity.
The lengthy executive order does not give federal agencies “new authority”, rather it just spells out more or less who’s in charge — which is the Department of Homeland Security of course:

The cyber order gives the Department of Homeland Security (DHS) a lead role in establishing a voluntary program that encourages critical infrastructure operators to adopt the NIST and industry-developed cybersecurity framework, which is aimed at beefing up the security of their computer systems and networks. DHS will work with agencies, such as the Department of Energy, and industry councils to implement the cybersecurity best practices laid out in the framework, as well as identify possible ways to entice companies to join the voluntary program.  (Source: The Hill)

Below is the entire Executive Order called Improving Critical Infrastructure Cybersecurity:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. Repeated cyber intrusions into critical infrastructure demonstrate the need for improved cybersecurity. The cyber threat to critical infrastructure continues to grow and represents one of the most serious national security challenges we must confront. The national and economic security of the United States depends on the reliable functioning of the Nation’s critical infrastructure in the face of such threats. It is the policy of the United States to enhance the security and resilience of the Nation’s critical infrastructure and to maintain a cyber environment that encourages efficiency, innovation, and economic prosperity while promoting safety, security, business confidentiality, privacy, and civil liberties. We can achieve these goals through a partnership with the owners and operators of critical infrastructure to improve cybersecurity information sharing and collaboratively develop and implement risk-based standards.

Sec. 2. Critical Infrastructure. As used in this order, the term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

Sec. 3. Policy Coordination. Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions and programs described and assigned herein shall be provided through the interagency process established in Presidential Policy Directive-1 of February 13, 2009 (Organization of the National Security Council System), or any successor.

Sec. 4. Cybersecurity Information Sharing. (a) It is the policy of the United States Government to increase the volume, timeliness, and quality of cyber threat information shared with U.S. private sector entities so that these entities may better protect and defend themselves against cyber threats. Within 120 days of the date of this order, the Attorney General, the Secretary of Homeland Security (the “Secretary”), and the Director of National Intelligence shall each issue instructions consistent with their authorities and with the requirements of section 12(c) of this order to ensure the timely production of unclassified reports of cyber threats to the U.S. homeland that identify a specific targeted entity. The instructions shall address the need to protect intelligence and law enforcement sources, methods, operations, and investigations.

(b) The Secretary and the Attorney General, in coordination with the Director of National Intelligence, shall establish a process that rapidly disseminates the reports produced pursuant to section 4(a) of this order to the targeted entity. Such process shall also, consistent with the need to protect national security information, include the dissemination of classified reports to critical infrastructure entities authorized to receive them. The Secretary and the Attorney General, in coordination with the Director of National Intelligence, shall establish a system for tracking the production, dissemination, and disposition of these reports.

(c) To assist the owners and operators of critical infrastructure in protecting their systems from unauthorized access, exploitation, or harm, the Secretary, consistent with 6 U.S.C. 143 and in collaboration with the Secretary of Defense, shall, within 120 days of the date of this order, establish procedures to expand the Enhanced Cybersecurity Services program to all critical infrastructure sectors. This voluntary information sharing program will provide classified cyber threat and technical information from the Government to eligible critical infrastructure companies or commercial service providers that offer security services to critical infrastructure.

(d) The Secretary, as the Executive Agent for the Classified National Security Information Program created under Executive Order 13549 of August 18, 2010 (Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities), shall expedite the processing of security clearances to appropriate personnel employed by critical infrastructure owners and operators, prioritizing the critical infrastructure identified in section 9 of this order.

(e) In order to maximize the utility of cyber threat information sharing with the private sector, the Secretary shall expand the use of programs that bring private sector subject-matter experts into Federal service on a temporary basis. These subject matter experts should provide advice regarding the content, structure, and types of information most useful to critical infrastructure owners and operators in reducing and mitigating cyber risks.

Sec. 5. Privacy and Civil Liberties Protections. (a) Agencies shall coordinate their activities under this order with their senior agency officials for privacy and civil liberties and ensure that privacy and civil liberties protections are incorporated into such activities. Such protections shall be based upon the Fair Information Practice Principles and other privacy and civil liberties policies, principles, and frameworks as they apply to each agency’s activities.

(b) The Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security (DHS) shall assess the privacy and civil liberties risks of the functions and programs undertaken by DHS as called for in this order and shall recommend to the Secretary ways to minimize or mitigate such risks, in a publicly available report, to be released within 1 year of the date of this order. Senior agency privacy and civil liberties officials for other agencies engaged in activities under this order shall conduct assessments of their agency activities and provide those assessments to DHS for consideration and inclusion in the report. The report shall be reviewed on an annual basis and revised as necessary. The report may contain a classified annex if necessary. Assessments shall include evaluation of activities against the Fair Information Practice Principles and other applicable privacy and civil liberties policies, principles, and frameworks. Agencies shall consider the assessments and recommendations of the report in implementing privacy and civil liberties protections for agency activities.

(c) In producing the report required under subsection (b) of this section, the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of DHS shall consult with the Privacy and Civil Liberties Oversight Board and coordinate with the Office of Management and Budget (OMB).

(d) Information submitted voluntarily in accordance with 6 U.S.C. 133 by private entities under this order shall be protected from disclosure to the fullest extent permitted by law.

Sec. 6. Consultative Process. The Secretary shall establish a consultative process to coordinate improvements to the cybersecurity of critical infrastructure. As part of the consultative process, the Secretary shall engage and consider the advice, on matters set forth in this order, of the Critical Infrastructure Partnership Advisory Council; Sector Coordinating Councils; critical infrastructure owners and operators; Sector-Specific Agencies; other relevant agencies; independent regulatory agencies; State, local, territorial, and tribal governments; universities; and outside experts.

Sec. 7. Baseline Framework to Reduce Cyber Risk to Critical Infrastructure. (a) The Secretary of Commerce shall direct the Director of the National Institute of Standards and Technology (the “Director”) to lead the development of a framework to reduce cyber risks to critical infrastructure (the “Cybersecurity Framework”). The Cybersecurity Framework shall include a set of standards, methodologies, procedures, and processes that align policy, business, and technological approaches to address cyber risks. The Cybersecurity Framework shall incorporate voluntary consensus standards and industry best practices to the fullest extent possible. The Cybersecurity Framework shall be consistent with voluntary international standards when such international standards will advance the objectives of this order, and shall meet the requirements of the National Institute of Standards and Technology Act, as amended (15 U.S.C. 271 et seq.), the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113), and OMB Circular A-119, as revised.

 

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