Author: Matthew G. Saroff

For the First Time in 27 Years, an ITC Import Ban has Been Overturned by the USTR

One of the problems with our patent system is that the US International Trade Commission, can, and frequently does, ban imports of infringing products, which provides an additional way to allow patent trolls to extort productive companies.

This has become more of a problem since recent court rulings have made injunctive relief less likely.

The fact that the US Trade Repreresentative has overrruled the ITC is therefore a very big deal:

U.S. Trade Representative Michael Froman’s Aug. 3 decision on Apple found that a product ban wasn’t appropriate because the patent at the heart of the dispute was part of an industry standard and was supposed to be licensed at reasonable terms. Froman’s conclusion is expected to affect several pending cases at the U.S. International Trade Commission, including Ericsson AB and InterDigital Inc. (IDCC)’s claims against Samsung for infringing patented network standards technology.

“A huge swath of everybody’s patent portfolio has just been rendered impotent,” said Rodney Sweetland, a patent lawyer with Duane Morris in Washington. Standards patents “are dead on arrival” at the commission now, he said.

DOA, huh?  My heart bleeds borscht.  You can still go to court, where they actually have to prove their case.

The reason that the ITC has this power is the theory that patent violations constitute an illegal trade subsidies.

Hopefully, this particular method of patent abuse will see increasingly large numbers of smack-downs from the executive branch.

Every Time Something New Comes Out, the NSA Spying Scandal Gets Worse

First, we have Glenn Greenwald saying that the administration lied, and that Congress was never given sufficient information to evaluate surveillance programs:

Members of Congress have been repeatedly thwarted when attempting to learn basic information about the National Security Agency (NSA) and the secret FISA court which authorizes its activities, documents provided by two House members demonstrate.

From the beginning of the NSA controversy, the agency’s defenders have insisted that Congress is aware of the disclosed programs and exercises robust supervision over them. “These programs are subject to congressional oversight and congressional reauthorization and congressional debate,” President Obama said the day after the first story on NSA bulk collection of phone records was published in this space. “And if there are members of Congress who feel differently, then they should speak up.”

But members of Congress, including those in Obama’s party, have flatly denied knowing about them. On MSNBC on Wednesday night, Sen. Richard Blumenthal (D-Ct) was asked by host Chris Hayes: “How much are you learning about what the government that you are charged with overseeing and holding accountable is doing from the newspaper and how much of this do you know?” The Senator’s reply:

The revelations about the magnitude, the scope and scale of these surveillances, the metadata and the invasive actions surveillance of social media Web sites were indeed revelations to me.”

So, once again, we see that the Obama administration makes bald faced lies about it’s data collection of American citizens.

But it is not merely that members of Congress are unaware of the very existence of these programs, let alone their capabilities. Beyond that, members who seek out basic information – including about NSA programs they are required to vote on and FISA court (FISC) rulings on the legality of those programs – find that they are unable to obtain it.

At the bottom of the article, he notes that Alan Grayson was threatened with sanctions by the House Intelligence Committee for reprinting slides that the Guardian had put up on the web.

And by the way, that whole bit about them not spying on us? They are lying about that too, and not only are they lying to the American public, they are lying to judges and defense counsels as well:

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin – not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence – information that could reveal entrapment, mistakes or biased witnesses.

“I have never heard of anything like this at all,” said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.

“It is one thing to create special rules for national security,” Gertner said. “Ordinary crime is entirely different. It sounds like they are phonying up investigations.”

THE SPECIAL OPERATIONS DIVISION

The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred.

Today, much of the SOD’s work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked “Law Enforcement Sensitive,” a government categorization that is meant to keep them confidential.

“Remember that the utilization of SOD cannot be revealed or discussed in any investigative function,” a document presented to agents reads. The document specifically directs agents to omit the SOD’s involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use “normal investigative techniques to recreate the information provided by SOD.”

………

A dozen current or former federal agents interviewed by Reuters confirmed they had used parallel construction during their careers. Most defended the practice; some said they understood why those outside law enforcement might be concerned.

“It’s just like laundering money – you work it backwards to make it clean,” said Finn Selander, a DEA agent from 1991 to 2008 and now a member of a group called Law Enforcement Against Prohibition, which advocates legalizing and regulating narcotics.

Some defense lawyers and former prosecutors said that using “parallel construction” may be legal to establish probable cause for an arrest. But they said employing the practice as a means of disguising how an investigation began may violate pretrial discovery rules by burying evidence that could prove useful to criminal defendants.

………

One current federal prosecutor learned how agents were using SOD tips after a drug agent misled him, the prosecutor told Reuters. In a Florida drug case he was handling, the prosecutor said, a DEA agent told him the investigation of a U.S. citizen began with a tip from an informant. When the prosecutor pressed for more information, he said, a DEA supervisor intervened and revealed that the tip had actually come through the SOD and from an NSA intercept.

“I was pissed,” the prosecutor said. “Lying about where the information came from is a bad start if you’re trying to comply with the law because it can lead to all kinds of problems with discovery and candor to the court.” The prosecutor never filed charges in the case because he lost confidence in the investigation, he said.

So, “It’s only metadata,” it’s a lie. “We don’t knowingly use the NSA to spy on Americans,” it’s a lie.

You see a pattern?

Mexico’s President Drinks the Free Market Mousketeer Koolaid

It’s not a surprise, the energy companies have been trying to get ownership stakes in the state owned Mexican oil company, Pemex, for years, so it was only matter of time before a useful idiot was elected to the Mexican presidency, the useful idiot in this case being Enrique Peña Nieto:

If Mexico had a crown jewel, it would be the giant state oil monopoly Petroleos Mexicanos, or Pemex. Year after year, it has poured billions of dollars into the state treasury, historically paying for schools, hospitals, dams, highways, ports and more.

The seizure of foreign oil companies 75 years ago that created the company is a cause for annual celebrations affirming Mexico’s fierce sense of independence from outside interference.

Yet even as the country’s new president, Enrique Peña Nieto, credits Pemex with building the nation, his administration acknowledges that the notoriously inefficient conglomerate is in trouble: If it is not opened to private and foreign investment, Mexico, the world’s ninth-largest oil producer, will become a net energy importer by 2020, officials say.

As Peña Nieto moves ahead with a plan to overhaul Pemex, he is navigating the most perilous political minefield of his young presidency. He is toying with taboos and challenging revered perceptions surrounding the nation’s top revenue earner. And he is meeting with impassioned opposition.

At the back of a recent rally for Pemex, Jesus Castillo Sanchez, a 46-year-old handyman, waved a giant Mexican flag as if he’d just taken a hill in battle. Booting the foreign oil companies in 1938 “gave Mexico its true independence from the great powers,” Castillo said. “After [the foreigners] bring their oil platforms, they will bring their armies and their troops.”

The president is expected to introduce landmark energy reform legislation, including proposals addressing Pemex, as early as this week.

………

The government and industry experts contend that Mexico needs advanced technical expertise from outside companies to find and retrieve oil and gas from deep water and shale-rock formations that are believed to hold more than half the country’s estimated 14 billion barrels of reserves.

But “Pemex is not allowed … to choose associations … to reduce the level of risk that you run” in deep-water exploration, Carlos Morales Gil, Pemex director of exploration and production, said in an interview. “What Pemex needs is budget autonomy and flexibility” to form joint ventures, he said.

If you look at the Deepwater Horizon case, you will notice that BP doesn’t know much of anything about oil drilling.

They hire Halliburton and Slumberger (who took one look at the well, and left) for their drilling expertise, and Transocean to operate the rig.

Oil companies no longer have much in the way of technical expertise, they outsourced those during the oil downturn in the late 1980s.

As to the money to go after harder to reach oil, Pemex clearly needs some reforms, it is a wasteful and bloated bureaucracy.

As to the fixes, the first one comes to mind would be an expansion of their refining facilities, so that Pemex would not have to import (and subsidize) fuel for internal consumption.

But one need only look at the disastrous privatization of British rail to understand that this is a solution that has everyone losing but the foreign firms.

If you bring in foreign investors, oil and gas drilling in Mexico is going to end up looking like Nigeria.

Live in Obedient Fear, Citizen

It looks like the Feds are probably responsible for hacking an online anonymity service:

Security researchers tonight are poring over a piece of malicious software that takes advantage of a Firefox security vulnerability to identify some users of the privacy-protecting Tor anonymity network.

The malware showed up Sunday morning on multiple websites hosted by the anonymous hosting company Freedom Hosting. That would normally be considered a blatantly criminal “drive-by” hack attack, but nobody’s calling in the FBI this time. The FBI is the prime suspect.

“It just sends identifying information to some IP in Reston, Virginia,” says reverse-engineer Vlad Tsyrklevich. “It’s pretty clear that it’s FBI or it’s some other law enforcement agency that’s U.S.-based.”

If Tsrklevich and other researchers are right, the code is likely the first sample captured in the wild of the FBI’s “computer and internet protocol address verifier,” or CIPAV, the law enforcement spyware first reported by WIRED in 2007.

………

By midday Sunday, the code was being circulated and dissected all over the net. Mozilla confirmed the code exploits a critical memory management vulnerability in Firefox that was publicly reported on June 25, and is fixed in the latest version of the browser.

Though many older revisions of Firefox are vulnerable to that bug, the malware only targets Firefox 17 ESR, the version of Firefox that forms the basis of the Tor Browser Bundle – the easiest, most user-friendly package for using the Tor anonymity network.

“The malware payload could be trying to exploit potential bugs in Firefox 17 ESR, on which our Tor Browser is based,” the non-profit Tor Project wrote in a blog post Sunday. “We’re investigating these bugs and will fix them if we can.”

The inevitable conclusion is that the malware is designed specifically to attack the Tor browser. The strongest clue that the culprit is the FBI, beyond the circumstantial timing of Marques’ arrest, is that the malware does nothing but identify the target.

Anyone want to guess who is behind this?

Whoever is ultimately behind this, it’s been farmed out to a contractor, “According to Domaintools, the malware’s command-and-control IP address in Virginia is allocated to Science Applications International Corporation. Based in McLean, Virginia, SAIC is a major technology contractor for defense and intelligence agencies, including the FBI.” (SAIC refused comment)

SAIC isn’t doing this on its own.  Someone in the government is paying them to do this.

As  to whether or not there is a court order authorizing the FBI to plant malware on thousands of people’s machines, possibly, but we will never know, since it is almost certainly been finessed through the FISA court somehow..

This is the Best Political Slam I’ve Ever Heard

That’s Gotta Hurt!

And yes, I’m including Winston Churchill’s best slams* in my calling this the best.

Even more surprising is that it comes from a woman, Kentucky Secretary of State Alison Lundergan Grimes, who is running against Mitch McConnell for Senate in 2014, as women are frequently subjected to a double standard on such thing. (A man is assertive, and a woman is a bitch, etc.)

At a political staple of Kentucky politics, a barbecue at a small hamlet known as Fancy Farm, Grimes let fly:

But in her speech, Grimes didn’t shy from attacking McConnell directly, painting him as an obstructionist who’s been in Washington too long, as her own supporters chanted, “Ditch Mitch.”

“If the doctors told Sen. McConnell that he had a kidney stone, he’d refuse to pass it,” Grimes said, in her most memorable zinger of her six-minute speech.

While McConnell left after his likely Democratic opponents’ speech, not staying to hear his GOP primary opponent at the end of the program, Grimes welcomed Bevin to the race, joking that he was glad to see the “GOP nominee had shown up.”

That is going to leave a mark!

*A couple of Churchill’s more famous insults:

One day shortly after the Second World War ended, Winston Churchill and Labour Party Prime Minister Clement Attlee encountered one another at the urinal trough in the House of Common’s men’s washroom. Attlee arrived first. When Churchill arrived, he stood as far away from him as possible. Attlee said, “Feeling standoffish today, are we, Winston?” Churchill said: “That’s right. Every time you see something big, you want to nationalize it.”

………

Lady Astor: Sir, if you were my husband, I would poison your drink.
Churchill: Madam, if you were my wife, I would drink it.

Busy Day

Sharon’s Uncle & Aunt visited, my phone went balls up (I’m using Sharon’s old phone), and Open Space Arts had their last show of the season, followed by a cast party, and I was getting some of the non-drivers to and from that.

And did I mention that I was fashioned into filming the show?

Busy, so no blogging tonight.

Posted via mobile.

The Corrupt Educational Industrial Complex In a Nutshell

Tony Bennet, who has been Florida commissioner of Education of 7 months just got fired resigned because it was discovered that he fabricated the ratings of a politically connected Charter school at his last position:

A national leader in the Republican effort to overhaul public education resigned as Florida education commissioner Thursday, amid allegations that when he ran Indiana’s schools, he changed the state grade of a charter school founded by a prominent GOP donor.

In a resignation letter that surprised many, Tony Bennett dismissed the brewing scandal as “malicious and rooted in unfounded allegations” but said that it had created “a distraction from important work” and that he was leaving his post immediately.

The move came two days after the Associated Press reported that it had acquired e-mails written by Bennett in 2012, while he was running Indiana’s schools, in which he directed his staff to change the state grade for Christel House Academy. The charter school was founded by Christel DeHaan, who has given more than $2.8 million to Republicans since 1998, including $130,000 to Bennett.

The school, which had been kindergarten through eighth grade, added grades nine and 10 in 2012, and test scores from the new students were low enough to pull down the school’s rating from an A to a C on an A-to-F scale.

At Bennett’s direction, staff used a loophole in regulations and removed the scores of ninth- and 10th-graders, bringing the school’s grade back up to an A. Bennett has said that changing the grade made the rating system credible because he knew Christel House to be a high-performing school.

The Indiana State Teachers Association thinks otherwise. “It’s time to call the Tony Bennett letter-grading scandal exactly what it is — cheating,” union officials wrote in a statement. “There are no excuses for the actions taken by Bennett and his staff, as revealed in the string of e-mails, other than favoritism, cronyism, self-interest and hubris — none of which has a place in public school policymaking.”

He lost his last job in Indiana when voters tossed his sorry ass out in the 2012 elections, because the voters saw through his bullsh%#.

But Republicans, and the educational reform establishment didn’t see his bullsh%$.

Case in point, the biggest stars in the anti-teacher pro-privatization education establishment,  Michelle Rhee, Jeb Bush, and Bush’s  Chiefs for Change coalition, all just just offered a full throated endorsement of this ratf%$#.

This is not a an anomaly.   We now know that Rhee’s “success” was built on altered tests, and the former head of the Atlanta schools, Beverly Hall, has been literally been charged with racketeering.

The goal of people like this is to destroy the public schools and the teachers’ unions, so that private operators and their Wall Street backers can make bank, not to help our kids.

There are real problems with the education that our children receive in the US, but the biggest problem is that there are more poor children in the US, and the poverty is more intense, than in the rest of the industrialized world.

Wall Street and Their Evil Minions cannot help with that.

In fact, their role in our economy has to been to exacerbate these problems.

Linkage

Three men deny Oompa Loompas attack The Guardian (I feel bad for laughing)
NSA Director Heckled at Blackhat computer hacker conference. Forbes
Ted Cruz Still Needs to Be Ditched: The Rude Pundit (Must read)
New York Times editors cut Obama a new one over secrecy. (I think that the persecution prosecution of James Risen may have pissed them off)
Obama Starting to Lose It Over Snowden Naked Capitalism (also must read)
Bubble Alert!! Morgan Stanley predicts buy-to-rent boom (HousingWire)

Pic H/t Police the Police

Worst………Speaker………Ever

The Republicans in the House of Representatives, led by John Boehner, decided to pass appropriations bills based on the Paul Ryan budget.

The problem is that, unlike a budget, which is general, the appropriations bills have to contain specific spending levels, and the Republicans in the House are terrified of having to pass the actual cuts required by Ryan’s smoke and mirrors numbers:

Republicans have dealt with some embarrassing moments on the House floor over the past year, but none so revealing or damning as today’s snafu, when they yanked a bill to fund the Departments of Transportation and Housing and Urban Development. Even the recent farm bill fiasco wasn’t as significant an indictment of the GOP’s governing potential.

It might look like a minor hiccup, or a symbolic error. But it spells doom for the party’s near-term budget strategy and underscores just how bogus the party’s broader agenda really is and has been for the last four years.

In normal times, the House and Senate would each pass a budget, the differences between those budgets would be resolved, and appropriators in both chambers would have binding limits both on how much money to spend, and on which large executive agencies to spend it.

But these aren’t normal times. Republicans have refused to negotiate away their budget differences with Democrats, and have instead instructed their appropriators to use the House GOP budget as a blueprint for funding the government beyond September.

………

But many close Congress watchers — and indeed many Congressional Democrats — have long suspected that their votes for Ryan’s budgets were a form of cheap talk. That Republicans would chicken out if it ever came time to fill in the blanks. Particularly the calls for deep but unspecified domestic discretionary spending cuts.

Today’s Transportation/HUD failure confirms that suspicion. Republicans don’t control government. But ahead of the deadline for funding it, their plan was to proceed as if the Ryan budget was binding, and pass spending bills to actualize it — to stake out a bargaining position with the Senate at the right-most end of the possible.

But they can’t do it. It turns out that when you draft bills enumerating all the specific cuts required to comply with the budget’s parameters, they don’t come anywhere close to having enough political support to pass. Even in the GOP House. Slash community development block grants by 50 percent, and you don’t just lose the Democrats, you lose a lot of Republicans who care about their districts. Combine that with nihilist defectors who won’t vote for any appropriations unless they force the President to sign an Obamacare repeal bill at a bonfire ceremony on the House floor, and suddenly you’re nowhere near 218.

John Boehner decided to follow the lead of Paul Ryan, a preening Ayn Rand inspired peacock with a limited grasp of what mathematics really mean in the real world, and now he is unable to make it work.

Heh.

It’s Jobless Thursday!!!

Initial claims hit a 5 year low, with the 4-week moving average, continuing claims, and emergency claims falling as well.

Additionally, 2nd quarter GDP increase was adjusted up to a 1.7% annual rate (forcast was for 1.0%), though this was because the 1st quarter was revised down from 1.8% to 1.1%, meaning that the end position pretty much matched estimates.

It’s an artifact of the ill advised deal that gave us the sequester, because the federal spending cuts to a large degree offset good numbers from the manufacturing sector.

July job numbers come out tomorrow.

Silvio is Going to Jail

Italy’s highest court has affirmed his jail sentence:

Italy’s highest court has upheld a prison sentence given to former PM Silvio Berlusconi for tax evasion.

The court also ordered a further judicial review on whether he should be banned from holding public office.

In an emotional video statement, Berlusconi denounced the decision as “based on nothing, and which deprives me of my freedom and political rights”.

The sentence cannot be appealed against further but Berlusconi, 76, is unlikely to go to jail because of his age.

The ruling by Rome’s Court of Cassation came after a three-day hearing. Berlusconi was not in court.

The former prime minister was sentenced to four years in prison at the conclusion of the trial in October last year, though this was automatically reduced to a year under a 2006 pardon law.

Berlusconi is likely to serve house arrest or carry out community service.

Hopefully, this spells the end of his political career.

Now go and break up his television monopoly.

Yadda, Yadda, Yadda, Fabulous Fab Found Liable

Goldman Sachs mid-level minion Fabrice Tourre was found Civilly liable for fraud related to mortgage backed securities:

A federal jury found former Goldman Sachs executive Fabrice Tourre liable Thursday for duping investors about a shoddy mortgage deal on the eve of the housing market’s crash, the first major court victory for the Securities and Exchange Commission in its quest to hold Wall Street accountable for the 2008 financial crisis.

After two days of deliberation, the jury decided Tourre — best known by his “Fabulous Fab” nickname — was liable for six of the seven claims pursued by the SEC. The agency had accused the 34-year-old Frenchman of defrauding investors out of $1 billion by selling them a financial product that was secretly designed to fail.

The trial was one of the few to emerge from the financial crisis, and it cast Tourre as a symbol of Wall Street greed. Only twice before has the SEC brought individuals to trial in cases related to the crisis, and each time ended with lackluster results. The victory this time around is a boon for the agency, which is often criticized as a risk-averse regulator that shies away from court battles in favor of slap-on-the-wrist settlements.

Tourre was only a mid-level executive at Goldman — not a marquee Wall Street figure, some legal experts noted. Still, the morale boost is likely to build momentum inside the agency as it pursues one of its most prominent targets yet: hedge-fund billionaire Steven A. Cohen. Last month, the agency charged Cohen with failing to properly supervise two employees who engaged in insider trading, a case that could potentially end the industry tycoon’s storied career.

Note that there is no possibility of jail time, just a fine, that will be paid after what will likely be endless appeals.

So no real possibility of  getting to testify against higher up.

There are two bits in the article that are particularly important in understanding this:

“You would think the SEC convicted the Al Capone of Wall Street today when all it did was scapegoat a single mid-level Goldman Sachs’ trader who bragged in emails to his girlfriend,” Dennis Kelleher, chief executive of a nonprofit group called Better Markets, said in a statement.

John C. Coffee Jr., a professor at Columbia Law School, said a question still remains: “Why didn’t they go after someone important and not this sacrificial lamb?”

………

Jacob Frenkel, a former SEC enforcement lawyer and former federal prosecutor, said the SEC’s victory came just in time. The five-year statute of limitations is running out on cases from the time of the financial crisis.

So,this is not a beginning, this is an end, and as that it is almost less than nothing, because it allows the banksters and Their Evil Minions can point to this, and claim that not everyone skated, even though all they got was a 28 year French number cruncher.

Damn.

Linkage

Finally a performance, by The Anarchists, my kids band at the Rock Star Jam Summer Music Camp:

Natalie was much more comfortable on stage this year.

Federal Court Rules that Federal Reserve Cannot Be the Banksters Bitch Over Swipe Fees

U.S. District Judge Richard Leon just ruled that the Federal Reserve’s rules on debit card swipe fees are too bank friendly and ignore the statutory requirements of Dodd-Frank:

The Federal Reserve disregarded Congress’s intent when deciding how much banks can charge merchants for debit-card transactions, a judge ruled, rejecting Dodd-Frank-imposed regulations governing “swipe” fees.

U.S. District Judge Richard Leon in Washington ruled today that the Fed didn’t have the authority to set a 21-cent cap on debit-card transactions. Leon said the rule, which has been in effect since October 2011, would remain in place pending new regulations or interim standards.

“The Board has clearly disregarded Congress’s statutory intent by inappropriately inflating all debit card transaction fees by billions of dollars and failing to provide merchants with multiple unaffiliated networks for each debit card transaction,” Leon said in his 58-page ruling.

The groups, in a lawsuit filed in November 2011, said merchants will be “substantially harmed” by the fees the Fed set under the Durbin Amendment, a provision of the Dodd-Frank legislation. The rule went into effect on Oct. 1, 2011.

“The board’s final rule permits banks to recover significantly more costs than permitted by the plain language of the Durbin Amendment and deprives plaintiffs of the benefits of the statute’s anti-exclusivity provisions,” the retailers argued in their complaint.

What?  The law is not friendly enough to the banks, and so the Fed draws up regulations ignoring the law? 

I am so (not) surprised.

The NSA Spying Gets Worse

Now we have XKeyscore, which “collects ‘nearly everything a user does on the internet’.”

A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden.

The NSA boasts in training materials that the program, called XKeyscore, is its “widest-reaching” system for developing intelligence from the internet.

The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian’s earlier stories on bulk collection of phone records and Fisa surveillance court oversight.

………

The files shed light on one of Snowden’s most controversial statements, made in his first video interview published by the Guardian on June 10.

“I, sitting at my desk,” said Snowden, could “wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email”.

US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden’s assertion: “He’s lying. It’s impossible for him to do what he was saying he could do.”

But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.

So, either Rep. Rogers knowingly lied, or he was lied to by the state security apparatus.

Yeah, it just keeps getting worse, and there is more to come, at least that is what Senator Ron Wyden said yesterday when he said that, “U.S. intelligence agencies’ violations of court orders on surveillance of Americans is worse than the government is letting on,” which means that even with a incredibly compliant FISA Court (You need to keep them away from toilet paper, because they will sign anything), they be bothered to follow the “law”.