Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, April 12, 2007

War Crimes Challenge for NSA Inspector General

NSA IG has a problem. Despite a legal requirement to oversee audits, NSA personnel have been using non-official instant messaging systems which are not secure to transact NSA activities. These are serious issues.

Under the laws of war, foreign fighters are permitted to engaged in like retaliation against US government officials who violate, do not enforce, and fail to comply with the Geneva Conventions.

NSA IG needs to immediately get a certification under penalty of perjury by all NSA employees whether they have or have not fully complied with all NSA security requirements. NSA personnel shall immediately certify under oath and penalty of perjury that they have not used NSA resources or facilities in conjunction with non-official e-mail or instant messaging systems.

Update: NSA IG office recommended for decertification.

* * *

Ref Security issues in re NSA Audit: What is getting in the way of independence in re the instant messaging issues?

Ref How have the checklists incorpoated the revisions to NSDD 298?

Ref Why is there a repeat finding on Issue 15: Computer security?

Once all NSA employees have certified under penalty of perjury that they have never used any commercial, non-official e-mail or instant messaging systems then a list of NSA personnel who have been using these non-secure systems will be provided. The list will not be available until the NSA IG gets all NSA personnel to certify. Once personnel have certified, on a random basis NSA employees who are known to have engaged in this non-official commendations; or may be complicit with war crimes may or may not be identified publicly.

D0 not take any action based on this information: This is a sample. This is a sample of what foreign fighters are permitted to do under the laws of war against alleged war criminals who have allegedly refused to surrender; and not timely prevented abuse under the laws of war.

Current and former White House counsel, NSA personnel, and US government officials associated with the CIA and Intelligence community may be lawfully targeted under the laws of war. Any abuse committed by any US person in violation of Geneva -- not limited to prisoner abuse, summary execution, and like violations of Geneva -- may be lawfully committed by foreign fighters against current and former US government officials. All US Government orders to violate Geneva, not full enforce, or deprive prisoners of any right protected under Geneva may be similarly denied to anyone foreign fighters -- on accusation alone -- deem to be worthy of retaliatory acts. Geneva permits this under the laws of war.

* * *

War crimes prosecutors would like to know which NSA IG reports and investigations have been suppressed as they related to use of NSA non-official communion systems to coordinate data transfers for to implement war crimes. It is serious business when NSA personnel have interacted with non-official e-mail systems, denied the use of that technology to NSA authorities, but have used those communication systems to implement war crimes, and transfer data to support kidnapping, rendition, illegal prisoner abuse and unlawful warfare.

The National Security Agency is expected to provide to congress a list of all personnel who have been using non-official e-mails and instant messaging systems for official business.

All NSA Personnel are expected to under go a security screening and audit to verify whether they are or are not in compliance with this data retention requirement.

All NSA personnel who have been using non-official commendations systems shall testify and assert under penalty of perjury whether they have or have not fully complied with the NSA combination requireme3nts.

Any NSA personnel who falsely certify that they have not been using non-official e=mail and instant messaging for official combinations may be prosecuted.

These are serious issues. NSA personnel have been linked with non-official communication systems. NSA employees have not provided assurances that all personnel using these unauthorized communications systems have been decertified.

It is the job of the NSA leadership to explain why NSA personnel are not willing to fully comply with the information retention requirements; why they are using non-official e-mail and instant messaging systems for official communications; and why NSA personnel are not willing to on the record today, under penalty of perjury, certifying that they have not used any non-official communion systems while conducting NSA operations, activities, or combinations.

* * *

There are some serious problems for the NSA IG and Members of Congress to review.

The OIG is authorized access to all information, records, reports, documents, electronic systems/material, personnel and physical areas at NSA/CSS HQ and at all field sites.

___ Why are the records with Q2 indicating who has or has not disclosed classified information not included statements on use of non-secure e-mail and non-secure instant messaging using official NSA resources to conduct communication, discussion, and planning between NSA employees, outside entities and intermediaries?

* * *

The OIG has several areas of responsibility. With regard to oversight, the OIG is responsible for overseeing compliance with Executive Order 12333 and related implementing directives and regulations to ensure the lawful execution of intelligence operations.

___ When does NSA IG and the IOB plan to review all NSA combinations to determine who has violated Executive Order 12333 and has illegally classified evidence that NSA employees have been using non-official communication systems to transact business?

* * *

Results of their oversight efforts are reported to the Department of Defense and the President's IOB.

___ What has the IOB not been reviewing this breach in security?

___ When does the IOB plan to review this breach of NSA communications?

___ How long has the President, White House counsel, and National Security Council known about this use of non-official communications systems by personnel in the intelligence community?

* * *

In addition, the Deputy Director, NSA, chairs an NSA Intelligence Oversight Board consisting of the Deputy Director, the Inspector General, and the General Counsel.

___ When does the NSA General Counsel plan to discuss their knowledge of the evidence and document retention requirements?

___ Why has there been insufficient auditing of the NSA commendations systems to thwart, detect, or prosecute NSA personnel who are using non-official communication systems to conduct Agency planning and official business?

* * *

The Board conducts oversight reviews of NSA activities. The NSA General Counsel as well as an office within the Directorate of Operations conduct oversight activities as well.

___ Why has the IOB not reviewed this use of non-official NSA commendations system?

___ Who has refused to certify in writing to the IOB that they have not used unofficial communion systems within the NSA to conduct NSA business; or communicate with entities and contractors related to the NSA?

* * *

NSA/CSS has its own internal oversight process within the Office of the Inspector General (OIG). The OIG has the authority to conduct inspections, audits and investigations to ensure that NSA/CSS operates with integrity, efficiency and effectiveness.

___ Who has been blocking NSA OIG from reviewing the non-secure communication systems NSA employees are reviewing?

___ What's the reason the NSA General Counsel has not timely reviewed these issues in light of the White House and RNC e-mail retention "problem" in re the US Attorney firings?

* * *


NSA IG and NSA General Counsel have a common problem. Personnel linked with the NSA are allegedly complicit with illegal activity. Personnel include individuals who have cooperated in the illegal use of data used to detain, abuse, kidnap, and summarily execute without trail. Any abuse NSA personnel have been complicit may be adjudicated as war crimes.

NSA personnel in violation of the laws of war, have attempted to use non-official e-mail and instant messaging systems to thwart detection by war crimes prosecutors. These are alleged subsequent crimes under the laws of war.

Geneva permits retaliatory acts by foreign fighters under the laws of war to enforce Geneva. NSA IG and the NSA IOB must decide whether they are going to side with the Conventions, Congress, the Constitution, and We the People; or whether they are going to advance illegal warfare by this President.

IF NSA IG refuses to cooperate with Congress and war crimes prosecutors in identifying the NSA personnel who have engaged in these war crimes; or used the non-official commutation methods to thwart detection of, but implement war crimes, the NSA IG may be adjudicated with war crimes.

If you refuse to cooperate, you may be lawfully targeted by foreign fighters using methods which the Congress has not stopped, and the President said were permissible: Summary execution without trial; no access to secret evidence, and abuse after detention, and no prosecute you may be able to appeal the summary judgment without a fair trial. This remain on the table as a lawful option for foreign fighters.

Cooperate with this war crimes investigation; or foreign fighters may take this despite to the battlefield and expand combat operations worldwide against NSA-related entities, personnel, contractors, officials, and intermediaries worldwide. Remedy your alleged rebellion against the rule of law and laws of war now.