Thursday, December 09, 2010

Last on Cyber-wars

The Last on Cyber Wars


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You have probably heard a great deal about the attacks on corporations who follow the orders, we must follow orders, of your government in relation to Wikileaks.  Now, a group of hackers calling themselves “Anonymous” have started to assert themselves.  What has happened so far, and is finally getting covered a bit, is that it is not nice to fool with mother internet, especially its messiah, Julian Assange.
Now, he has experienced many death threats.  The companies such as Mastercard and Visa as well as Paypal that have followed orders, orders that must be obeyed, to screw Wikileaks have experienced retaliation, but here is the point:  So far it is just a shot across the bow.  All they did is distribute a “bot,” a program, that would keep logging onto a site over and over again until it got overloaded.  A simple attack no more sophisticated than those of the last century.  Just to let people know, they did release the numbers of several Mastercard accounts.  Nothing destructive — I think they were all expired — or they better be PDQ!
This should also let corporations know what might happen if they go up against net-neutrality, an entirely different matter.
Well, let’s get a general idea of what is going on. Those of you who know all this stuff can skip it.  1 gigabyte is 1000000000bytes.  Now, to get an idea, when that spaceship sent back the photos in the early 80s from
Saturn or Jupiter, the size of the computer’s memory was 16,000 bytes.  Today, you can carry that 1.48 Gigabyte file
that Assange has ready to be released on a keychain.  However, it is much larger than several Dicken’s novels.  (Just to
round off, let’s say about 10 of his novels.
The file is Encrypted, locked, needs a password that will be sent out if anything happens to Assange.  The encyption
was approved by the NSA, a government agency, which many people think has a back door in it.  A back door
is another entrance that nobody knows about.  If it uses it, it confirms those people’s suspicions.  An ISO is a kind of
solid file type — kinda a fancy jpg or something like that.
Now, one of the most fun things they did is to mess with Sarah who expressed a hope for all sorts of unpleasant
things to happen to Assange.  They did not stop any expression of speech, just her fund-raising.
Therefore:
It appears that our authorities have put themselves into what psychologists might call a “double-bind”, or catch-22.
In short, the “Nuclear Option” is a NSA approved AES encrypted ISO file of 1.4 gigabytes.
Noah said “Right!”
Keep in mind that what is going on right now is simply a shot against the bow, and a mere indication of what COULD happen if the don’t let up on Assange.
“Yeah, but…?”
OK, I’m not very hip to it either.

This was quoted in the New York Times:

Mr. Fink explained:
After discussions with our lawyers, we have decided that we can not honor such requests based on the pure simple fact of untrue and unverified accusations.
Freedom of speech is the freedom to speak freely without censorship and/or limitation. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law. Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law.
It is simply ridiculous to even think WikiLeaks has done anything criminal. If WikiLeaks is criminal, then CNN, and BBC, The New York Times, The Guardian, Al Jazeera and many others would have to be considered criminals too as they publish the same information. Nobody even tries to touch them though. You can still buy a New York Times subscription and pay with your credit card I guess.
One of the best things here is the link to the Universal Declaration of Human Rights.  Check it out.
Then, there is this which is just a capture of about 35 seconds on Twitter.  I can’t check it all out.  I can’t imagine those who can follow hours of this stuff.  One problem, of course, is that Twitter took down one account.  You can see that below.  It was replaced with another almost immediately, but Twitter had better behave. BTW: Somewhere in there I noticed that Wikileaks said something about payforward, doing random acts of kindness.  I don’t know if this was actually Wikileaks or someone “spoofing” (counterfeiting) their account.
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Real-time results for #payback

  1. WikiLeaks Europe WikiLeaksEurope “Those who deny freedom to others deserve it not for themselves.” – Abraham Lincoln #PayBack #WikiLeaks #Assange @anonops #Censorship about 3 hours ago via TweetDeck
  2. Anonymous AnonyWatcher Calling Anonymous “hackers” is like calling dishwashers “restaurant utensil sanitation engineers”. Silly media. #payback #wikileaks #DDoS about 11 hours ago via web
  3. BlahBlahMonster BlahBlahMonster #payback for everything you said we could be but you decided someone else was better #blah about 11 hours ago via web
  4. Anonymous C0d3Fr0sty Gather your weapons Operation Payback TARGET: WWW.AMAZON.COM INSTRUCTIONS: http://bit.ly/dM6V2o #wikileaks #payback #ddos #Amazon 6 minutes ago via TweetDeck
  5. infosocke infosocke #Zitat der Woche: „Wo Unrecht zu Recht wird, wird Widerstand zur Pflicht“ Bertolt Brecht #wikileaks #assange #usa #payback 33 minutes ago via web
  6. Dokièh dokieh Cuidado Amazon, que te avían #payback less than 20 seconds ago via web
  7. Jelle den Butter J3ll3nl Freedom of Speech – priceless. For everything else, there’s MasterCard. #wikileaks #payback half a minute ago via web from Noordereiland, Rotterdam
  8. arkinet arkinet 31,000 + counting RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news less than a minute ago via TweetDeck
  9. Christian Egeli Egeli Rebellen i meg har lyst til å #ddos ‘e litt med resten av gjengen! :) #wikileaks #payback half a minute ago via Twitterrific for Mac
  10. AnonoJ AnonoJ be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news 2 minutes ago via Mobile Web
  11. Red RedHelix It appears Comcast’s Boston DNS servers are preventing lookups to irc.anonops.net. #ddos #Payback #Wikileaks http://twitpic.com/3ed95w 2 minutes ago via web
  12. andrea raimondiand RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news less than a minute ago via Tweetie for Mac
  13. arkinet arkinet 31,000 + counting RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news less than a minute ago via TweetDeck
  14. Francisco Garrobo fgarrobo RT @Mensvictrix: Hasta la CNN esta anunciando el ataque a Amazon en unos minutos http://bit.ly/gNfTG9 #payback #wikileaks less than a minute ago via TweetDeck
  15. ★Kristy Mensvictrix Hasta la CNN esta anunciando el ataque a Amazon en unos minutos http://bit.ly/gNfTG9 #payback #wikileaks 2 minutes ago via DestroyTwitter
  16. The Nervebreakers nerve_breakers Continuing pro-Wikileaks DDOS actions, Anonymous takes down PayPal.com – Boing Boing http://t.co/fcDavk4 #wikileaks #payback about 12 hours ago via Tweet Button
  17. Anonymous AnonyWatcher Calling Anonymous “hackers” is like calling dishwashers “restaurant utensil sanitation engineers”. Silly media. #payback #wikileaks #DDoS about 11 hours ago via web
  18. Christellar christellar #Montreal student hosts mirror WikiLeaks site http://t.co/7uphmZb #payback 1 minute ago via Tweet Button
  19. Daniel Bernardo Thunderstruckz Twitter bloqueou a conta Anon_Operation #anonops #payback #Wikileaks 1 minute ago via web
  20. AnonOps anonops The account @Anon_Operation is still closed. This is not Free Speech #Twitter! People must know this! #anonops #payback #Wikileaks about 14 hours ago via web



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Real-time results for #payback

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  1. ユーニクス junicks whe have nothing to lose – they could lose everything! keep fighting! #anonops #payback #wikileaks #theguydinghand less than 20 seconds ago via web
  2. Arthur Read arthur_read8 You launch my model airplane out a second-story window, I punch you #payback about 11 hours ago via Echofon
  3. arkinet arkinet 31,000 + counting RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news 3 minutes ago via TweetDeck
  4. AnonoJ AnonoJ sharpen your arrows, get ready to fire at amazon 30min til impact. #ddos #anon #freedom #payback 22 minutes ago via Mobile Web
  5. IAMROGUE IAMROGUE Bradley Cooper has backed a drug to help relationships last! http://bit.ly/dOy00C Are you serious? #whyrelationshipsdontlast #NZT about 10 hours ago via web
  6. Israel Yance israelyance #payback fire fire fire!!! less than 20 seconds ago via TweetDeck
  7. ivo macsilva ivomacsilva Freedom of Speech – priceless. For everything else, there’s MasterCard. #wikileaks #payback less than 20 seconds ago via twidroid
  8. Patricia Rod Paty_Rod Y ahora, a atacar a Amazon.com! http://microuri.com/pvb Vamos, saquen la artillería pesada! #Payback less than 20 seconds ago via web
  9. Thibaud Epeche ethibaud #Amazon were not happy to host the cables but they’re happy to sell them, http://is.gd/irf69. Disgusting. #WikiLeaks #cablegate #PayBack half a minute ago via web
  10. Mathieu Robbins skorpio73 Sarah Palin calls Assange “un-American”. He’s Australian, Sarah. #payback #wikileaks #cablegate #reallythickcomments about 14 hours ago via Twitter for iPhone
  11. Operation Payback Op_Payback TARGET: WWW.AMAZON.COM !!! INSTRUCTIONS: http://pastehtml.com/view/1c8i33u.html You LOIC will start in 2 hours. #wikileaks #payback #ddos about 2 hours ago via Chromed Bird
  12. Operation Payback Op_Payback TARGET: WWW.AMAZON.COM !!! INSTRUCTIONS: http://pastehtml.com/view/1c8i33u.html You LOIC will start in 2 hours. #wikileaks #payback #ddos about 2 hours ago via Chromed Bird
  13. MalevolentFreedom MalevoFreedom The War On Christmas Has Started: http://malevolentfreedom.org/WarOnChristmas Pick A Side. #iamthemob #teaparty #ifihadsuperpowers #payback less than a minute ago via web
  14. Morten Brugard mbrugard “Hacktivists are the same people who share child porn” http://bit.ly/grmxNu #payback “assange #wikileaks 1 minute ago via TweetDeck
  15. Juan Barranco nihillo actualización: los anuncios de ataque a amazon eran fakes. de momento no van a atacarlo. siguen con paypal. #payback #infowar #imwikileaks 1 minute ago via HootSuite
  16. Red RedHelix It appears Comcast’s Boston DNS servers are preventing lookups to irc.anonops.net. #ddos #Payback #Wikileaks http://twitpic.com/3ed95w 5 minutes ago via web
  17. Francisco Garrobo fgarrobo RT @dokieh: Cuidado Amazon, que te avían #payback 1 minute ago via TweetDeck
  18. Jair Medina jairamnios Te cae que han tumbado Paypal? Y que el siguiente blanco es foxnews ? #freeAssange #payback 2 minutes ago via ÜberTwitter
  19. Davide V1d3c Anons accidentally the whole internet! XD #payback #ddos 2 minutes ago via web
  20. Julian Foncea jfoncea Siguiendo paso a paso los ataques (ayer a Visa y Master) hoy comenzando con Amazon. Es ideal para poder RATM como banda sonora . #Payback 2 minutes ago via TweetDeck
  21. AnonOps anonops The account @Anon_Operation is still closed. That is not Free Speech #Twitter! People must know this! #anonops #payback #Wikileaks about 14 hours ago via web
  22. olirum : ^ ) 8VW @suffert hahaha! “Just blame you have a virus, or simply deny any knowledge of it” #Payback 2 minutes ago via Seesmic Web in reply to suffert
  23. Red RedHelix It appears Comcast’s Boston DNS servers are preventing lookups to irc.anonops.net. #ddos #Payback #Wikileaks http://twitpic.com/3ed95w 5 minutes ago via web
  24. AnonOps anonops In free society, we are supposed to know the truth. In a society where truth becomes treason, we are in trouble #anonops #payback #Wikileaks about 14 hours ago via web
  25. Rick onweedmx rt @anonops: A Letter from Anonymous >> http://goo.gl/cyUMH #payitforward #anonops #payback #Wikileaks 2 minutes ago via web
  26. Operation Payback OperationPaybac Retweet Operation Payback Is Back!! http://twitter.com/#!/OperationPaybac #payback #wikileaks #cablegate #DDOS 20 minutes ago via web
  27. Anonymous AnonyWatcher Calling Anonymous “hackers” is like calling dishwashers “restaurant utensil sanitation engineers”. Silly media. #payback #wikileaks #DDoS about 11 hours ago via web
  28. WikiLeaks Europe WikiLeaksEurope “Those who deny freedom to others deserve it not for themselves.” – Abraham Lincoln #PayBack #WikiLeaks #Assange @anonops #Censorship about 3 hours ago via TweetDeck
  29. Anonymous AnonyWatcher Calling Anonymous “hackers” is like calling dishwashers “restaurant utensil sanitation engineers”. Silly media. #payback #wikileaks #DDoS about 11 hours ago via web
  30. BlahBlahMonster BlahBlahMonster #payback for everything you said we could be but you decided someone else was better #blah about 11 hours ago via web
  31. Anonymous C0d3Fr0sty Gather your weapons Operation Payback TARGET: WWW.AMAZON.COM INSTRUCTIONS: http://bit.ly/dM6V2o #wikileaks #payback #ddos #Amazon 8 minutes ago via TweetDeck
  32. infosocke infosocke #Zitat der Woche: „Wo Unrecht zu Recht wird, wird Widerstand zur Pflicht“ Bertolt Brecht #wikileaks #assange #usa #payback 35 minutes ago via web
  33. Dokièh dokieh Cuidado Amazon, que te avían #payback 3 minutes ago via web
  34. Jelle den Butter J3ll3nl Freedom of Speech – priceless. For everything else, there’s MasterCard. #wikileaks #payback 3 minutes ago via web from Noordereiland, Rotterdam
  35. arkinet arkinet 31,000 + counting RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news 3 minutes ago via TweetDeck
  36. Christian Egeli Egeli Rebellen i meg har lyst til å #ddos ‘e litt med resten av gjengen! :) #wikileaks #payback 3 minutes ago via Twitterrific for Mac
  37. AnonoJ AnonoJ be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news 4 minutes ago via Mobile Web
  38. Red RedHelix It appears Comcast’s Boston DNS servers are preventing lookups to irc.anonops.net. #ddos #Payback #Wikileaks http://twitpic.com/3ed95w 5 minutes ago via web
  39. andrea raimondiand RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news 3 minutes ago via Tweetie for Mac
  40. arkinet arkinet 31,000 + counting RT @AnonoJ: be rdy to fire in 10mins #amazon wil pay, #ddos #wikileaks #fire #payback #news 3 minutes ago via TweetDeck
  41. Francisco Garrobo fgarrobo RT @Mensvictrix: Hasta la CNN esta anunciando el ataque a Amazon en unos minutos http://bit.ly/gNfTG9 #payback #wikileaks 3 minutes ago via TweetDeck
  42. ★Kristy Mensvictrix Hasta la CNN esta anunciando el ataque a Amazon en unos minutos http://bit.ly/gNfTG9 #payback #wikileaks 5 minutes ago via DestroyTwitter
  43. The Nervebreakers nerve_breakers Continuing pro-Wikileaks DDOS actions, Anonymous takes down PayPal.com – Boing Boing http://t.co/fcDavk4 #wikileaks #payback about 12 hours ago via Tweet Button
I have NOT checked all of this out, nor do I intend to, but I thought it should be available to those who are not that hip to the internet and social networks.  People who have their own lives, in other words.
Lost in all of this, of course, is what we have been doing on Iraq, Afghanistan, and around the world.  All of it done in our name — your name.
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December 9, 2010
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Wednesday, December 08, 2010

Hacktivists Arise!



I get that sense of "HERE WE GO AGAIN." 

Back in the late 80s, it was fashionable to arrest hackers and make a big deal out of it.  Soon, however, the whole thing seemed to fade into oblivion.  As the great Jim Thomas once said, "To talk today about computer crime is like calling a bank robbery an automobile crime."  In other words, the only real hackers were trying to rip off big banks, a laudable ambition, perhaps, but hardly defensible.

Now, Wikileaks gives the whole movement new meaning, or renewed meaning.  Mastercard's main site is down, Visa's is under attack, the Swiss Bank that froze Assange's account is being swamped, the Swedish and British prosecutors and law enforcement sites are slowed considerably.  All of this is because of the ridiculous harrassment of Julian Assange, the spokesman for Wikileaks. 

I think everyone now finally has the facts: there was no warrant out for him.  When there was, he arranged to turn himself in with the understanding that he was get bail for the misdemeanor charges.  What actually happened: The condom broke during consensual sex and the females involved say they wanted him to get tested for STDs.  He did not move with alacrity.  That is the sum total of the charges!!!!  Did they get tested?  Why not?  I mean, they could find out, couldn't they, if they just had the tests themselves.  If they tested positive, then perhaps pursue it further.

Anyway, because of all the site shutdowns, the ban by Mastercard, Paypal, Visa, the Swiss Bank, all doubtless under pressure from the U.S., hackers are now defending Assange.  (Isn't that what we call it when we attack a foreign government? Defense?) 

I don't know any of them or where they are, nor do I, but cyber-security experts should be in great demand these days. 

I thought I'd re-post one of the Czar's first efforts in dealing with cyber space and freedom, here speaking about co-operating with the authorities and giving advice to the young:

  
    *************************************************************** ***  CuD #1.22, File 4 of 6: The Czar's Guide to Law        *** ***************************************************************     THE CZAR'S GUIDE TO THE YOUNG CRIMINAL ACCUSED OF USING COMPUTERS          With the hyperactivity of law enforcement officials and the current attitudes of the public in general, it is probably time to consider what to do in case of a bust.  I would guess that just about everybody receiving the Computer Underground Digest has violated some sort of law somewhere in someone's mind involving computers.  This is not to say that all the readers of this publication are really criminals -- just that the laws are so broadly interpreted so as so make anyone with a modem a criminal.  For example, if you have ever downloaded shareware and not used it, but didn't delete it, and had it for over 15 days, you could be violating copyright laws if the author put some sort of announcement to the effect that such were the terms of agreement.  This means that you could very well be raided someday.        Nothing is more gratuitous than free legal advice given to a defendant who has already engaged counsel, especially if the giver of such advice is not an attorney.  However, as someone close to me was so arrested (and the charges later dropped), I thought you might be able to benefit from our experience.  It does not matter what the computer crime is, how extensive, how serious the charges, etc.  What matters is how you deal with the system when it comes knocking on your door.        There may be warning signs.  You could get a call or a preliminary visit from a member of the Secret Service, a call from security from a local phone company, a visit from a local policeman, news that someone you know has been busted, anything like that.  At that point, you are legally free to say whatever you want, but it is best if you give the impression that you are willing to cooperate.  Of course, any specific details you give will be noted.  They can not be used in evidence against you, but that will not stop them from making the attempt in the future.  I would indicate that I was very willing to help but that, right now, I had a number of pressing things to do and that I would like to talk tomorrow when I had much more time and could go into more detail.  Right now, I'd say, my mother was calling.  Everyone, to paraphrase Thoreau, should have such a mother.        I would hardly advise anybody to destroy evidence since that is a crime itself, but it would seem to me that at this point a lot of material you have had around the house has been bringing you bad luck.  A lot of paper and printouts are a definite fire hazard and should not be left lying around.  Also, old data never does you any good -- it would be wise to format most of your ala disks several times.  Better yet, treat yourself to some new ones and maybe your luck will change.  All those old, dusty disks simply clutter things up.  It's time to reorganize.        The search warrant usually takes a while to get, but most judges take the path of least resistance and will issue one on fairly flimsy grounds. Now you must realize that most police officers are not used to dealing with computer people and that they do not like the ones they do have to deal with at work.  The are used more to searches in the case of narcotics, illegal weapons, etc.  You can not expect them, then, to be overly polite when they do knock on your door.  Do not let this frighten you into telling them all sorts of things.  During the search, however, it helps to have someone there crying.  Also, act limply, as if you have lost the will to live.  This will usually placate the more professional ones who should realize thereby that you are not going to shoot at them.  This behavior is simply designed to keep you from being beaten or otherwise abused.  It does not help your case legally although, if they do beat or otherwise try to intimidate you, and you can document it, a prosecutor will feel less exuberant about taking the case to court.        They will probably place you under arrest at this point, reading you your rights.  Once they do, you are under no obligation to say anything, but I would advise you to say "I want an attorney."  An alternative is "I want a lawyer."  You can respond to their "good guy" questions about the weather and such, but then when the questions come back to the topic of computers you had best repeat the above sentence(s).  In fact, the more times you say it the better if it ever gets to court, but do not say it gratuitously so as to arouse the macho defensiveness that some officers may have.  Realize that the arresting officer is not a legal scholar and that he is no more culpable in this arrest than is the postman for bringing you a bill.  The real fighting lies ahead.  One final point:  it is wise to become acquainted with an attorney before any of this happens.  One thing is quite certain: nothing you say to the arresting officers is likely to help your case.        While they are carrying out your computer, your floppies, your printouts, your telephones, your answering machine, your radio, your tapes, watch them.  Remember the irrelevant material they seize.  This fact may be helpful in court as well and it may well help dissuade the prosecutor from doing anything much with the case.  In one case, they took copies of the Federal Register, a tape of Mozart's 23rd piano concerto (Horowitz), and Gordon Meyer's thesis.  The constant repetition of "I want my Mozart back" irritated the prosecutor no end and lessened enthusiasm for the case. (They also picked up pieces of grass the cat had brought in).  None of this is legally relevant, but then a lot they do is not legally relevant either ** such as taking the materials in the first place.        From here on, the case should be in the hands of a competent attorney. It is not necessary that he be an expert in computers since the prosecutor isn't either and the police even less so.  The odds are that you will be able to supply more than enough computer expertise.   What is important is his willingness to fight the case.  Most will take that path of least resistance, perhaps working toward a plea bargain.  The trouble with that is you are not in the best position at this point for a plea bargain.  One of you main strategies should be to make the case so much of a pain in the ass for the prosecutor that he tires of it.  If the charge is a misdemeanor, be advised that prosecutors do not like to prosecute such cases in the first place.  The charge was made a misdemeanor in the hopes that you would simply plead guilty and that would be an end of it.  It would also be the last you ever saw of your equipment.  One last point:  a defense attorney in one of these cases, after I had complained to him that as a taxpayer I resented the enormous expenditure of funds on these cases while there were abundant examples of clear and present dangers ripe for prosecution, said "Oh, they have absolutely no sense of resource management."   Hardly encouraging words.        A pain in the ass:  judges do not like to be overturned on appeal, usually.  The Fifth and Sixth Amendments are clearly relevant on your behavior before the trial.  I would hope that the First and Ninth would be applied somewhere in the defense.  Everyone knows that the first has to do with freedom of expression, but the ninth says, the way I read it, unless we specifically give up certain rights to the government, we retain them. I do not know, really, how these issues would ultimately be resolved, but when constitutional issues are raised during a trial and ruled not relevant, the path is set for appeal all the way, as the saying goes, to the Supreme Court.  No matter that it doesn't help in this case specifically -- it may well help in other aspects of the case.  The point is that once you are in the legal system and have an attorney, you are in a fight.  They have to prove that you are guilty and you have the right to make them prove it legally.        This does not mean that you examine all aspects of the case and come to a rational judgment.  The interesting thing is that they try to produce any sort of evidence no matter how irrelevant and you try to prevent them from presenting any evidence no matter how germane.  There is no longer any objective truth --simply a fight using words.        Finally, there is an old maxim to the effect that you should not lie to your attorney.  It is also true that it helps to have an attorney who believes in your case and is willing to fight it at every point, even points that seem to you quit irrelevant.  When and how much to tell him is a tricky issue.  Remember, he is good friends with the judge and the prosecutor, but he is also quite interested in winning cases for his clients.  It is also wise to arrange some sort of set fee for the entire case so that you feel more comfortable communicating with him.  One thing you should communicate is the outcome you wish to see from the trial and he should also make clear to you what your options are.  For example, it is more difficult for a prosecutor to convince a jury that you are guilty.  He doesn't even know that much about computers -- imagine him trying to educate others.  On the other hand, if he succeeds. and the jury recommends jail time, the judge is more likely to impose it.  On the other hand, a judge might be easier to convince, but he would feel much more free to suspend sentence and order "restitution."  You have to decide what risks you are willing to incur in search of the desired outcome.        I hope this hasn't sounded too frightening and I hope some of it might be helpful to someone out there.  All I can say right now is that it is a good time for people with computers to make friends with people with law degrees.  The current climate makes it necessary for the one and profitable for the other.       =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ +                               END THIS FILE                                + +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=

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Palestine 2011 Jeff Halper

December 8, 2010
Jeff Halper
Jeff Halper
Palestine 2011
Jeff Halper
Struggling as I have for the past decades to grasp the dynamics of the Israeli-Palestinian conflict and find ways to get out of this interminable and absolutely superfluous conflict, I have been two-thirds successful. After many years of activism and analysis, I think I have put my finger on the first third of the equation: What is the problem? My answer, which has withstood the test of time and today is so evident that it elicits the response... "duh" ... is that all Israeli governments are unwaveringly determined to maintain complete control of Palestine/Israel from the Mediterranean to the Jordan River, frustrating any just and workable solution based on Palestinian claims to self-determination. There will be no negotiated settlement, period.

The second part of the equation - how can the conflict be resolved? - is also easily answerable. I don't mean entering into the one state/two state conundrum and deciding which option is best. Under certain circumstances both could work, and I can think of at least 3-4 other viable options as well, including my favorite, a Middle Eastern economic confederation. The Palestinian think tank Passia published a collection of twelve proposed solutions a few years ago. What I mean is, it is not difficult to identity the essential elements of any solution. They are, in brief,
  • A just, workable and lasting peace must be inclusive of the two peoples living in Palestine/Israel;
  • Any solution must provide for a national expression of each people, not merely a democratic formula based on one person-one vote;
  • It must provide economic viability to all the parties;
  • No solution will work that is not based on human rights, international law and UN resolutions;
  • The refugee issue, based on the right of return, must be addressed squarely;
  • A workable peace must be regional in scope; it cannot be confined merely to Israel/Palestine; and
  • A just peace must address the security concerns of all the parties and countries in the region.
These seven elements, I would submit, must configure any just solution. If they are all included, a settlement of the conflict could take many different forms. If, however, even one is missing, no solution will work, no matter how good it looks on paper.

That leaves the third and most intractable part of the equation: how do we get there? Employing the linear analysis we have used over the years, you can't. In those terms we are at a dead-end of a dead "process." Israel will never end its Occupation voluntarily; the best it may agree to is apartheid, but the permanent warehousing of the Palestinians is more what it has in mind. Given the massive "facts on the ground."

Israel has imposed on the Occupied Territories, the international community will not exert enough pressure on Israel to realize even a two-state solution (which leaves Israel on 78% of historic Palestine, with no right of refugee return); given the veto power over any political process enjoyed by the American Congress, locked into an unshakable bi-partisan "pro-Israel" position, the international community cannot exert that required pressure. And the Palestinians, fragmented and with weak leadership, have no clout. Indeed, they're not even in the game. In terms of any sort of rational, linear, government-led "peace process," we have arrived at the end of the road.

And yet I'm optimistic that 2011 will witness a game-changing "break" that will create a new set of circumstances in which a just peace is possible. That jolt which smashes the present dead-end paradigm must come from outside the present "process." It can take one of two forms. The first possible game-changer is already being discussed: a unilateral declaration by the Palestinian Authority of a state based on the 1949 armistice lines (the 1967 "Green Line"), which then applies for membership in the UN. This, I believe, would force the hand of the international community. Most of the countries of the world would recognize a Palestinian state - including not a few in Europe - placing the US, Britain, Germany and other reluctant powers in a difficult if not impossible situation, including isolation and even irrelevancy. Indeed, a Palestinian declaration of independence within those boundaries would be a unilateral act but rather one done in agreement with the member states of the UN, who have accepted the 1949/1967 borders as the basis of a solution. It conforms as well to the Road Map initiative led by the US itself.

Such a scenario, while still possible given the deadlock in negotiations, is unlikely, if only because the leadership of the Palestinian Authority lacks the courage to undertake such a bold initiative. A second one seems more likely: in 2011, the Palestinian Authority will either resign or collapse, throwing the Occupation back in the lap of Israel. Given the deadlock in negotiations, I can't see the PA lasting even until August, when (sort-of) Prime Minister Salem Fayyad expects the international community to give the Palestinians a state. Even if the 90-day settlement freeze eventually comes into effect, Netanyahu will not negotiate borders during that period, the only issue worth discussing. Either fed up to the point of resigning - Abbas may be weak and pliable, but he is not a collaborator - or having lost so much credibility with its own people that it simply collapses, the fall of the PA would end definitively the present "process."

The end or fall of the PA would create an intolerable and unsustainable situation. Israel would be forced to retake by force all the Occupied Territories and, unable to allow Hamas to step into the vacuum, would have to do so violently, perhaps even invading Gaza again and assuming permanent control. Having to support four million impoverished Palestinians with no economic infrastructure whatsoever would be an impossible burden (and hopefully the "donor community" would not enable the re-occupation by stepping in to prevent a "humanitarian crisis," as it does today). Such a move on the part of Israel would also inflame the Muslim world and generate massive protests worldwide, again forcing the hand of the international community. Looked at in this way, the Palestinians have one source of enormous clout: they are the gatekeepers. Until they - the Palestinian people as a whole, not the PA - say the conflict is over, it's not over. Israel and its erstwhile allies have the ability to make life almost unbearable for the Palestinians, but they cannot impose apartheid or warehousing. We, the millions supporting the Palestinian struggle the world over, will not let it go until the Palestinians signal that they have arrived at a settlement that they can live with. Until then, the conflict will remain open and globally disruptive.

If any of these scenarios comes about and new possibilities of peace arise out of the violence and chaos that will ensue, the real question is: where will we be, the people who support a just, inclusive, workable and sustainable peace? Here in Israel/Palestine, unfortunately, there is no discussion over what may happen in the next year. Not only do we - the Palestinian and Israeli peace movements - fail to give adequate direction and leadership to our civil society allies abroad, we tend to pursue "politics as normal" disconnected from the political processes around us, more reactive than pro-active. Despite its crucial importance to the Palestinian struggle, for instance, the BDS campaign moves along and accumulates strength, but is not accompanied by focused, timely campaigns intended to seize a political moment. When the Gaza flotilla was attacked and Israel was reeling from international condemnation, Palestinian and Israeli activists from all over the world - including Palestine/Israel - should have kicked into action. Sympathetic parliamentarians (and members of Congress) the world over should have been induced to introduce bills saying that if the Occupation does not end in a year their governments will end all military aid to Israel and preferential treatment. They might not have carried the day, but imagine the public debate they would have generated at that point of time. Instead the political moment fizzled.

We are at the cusp of another such moment today, and we still have time - though not much time - to organize. Activist and civil society groups abroad should ask their Palestinian and Israeli counterparts for their evaluation of the political moment and suggestions on what to do should the Palestinian Authority collapse together with the "peace process." Thought should be given over how to transform the BDS campaign and the infrastructure of resistance it is creating from a blunt instrument into one capable of more focused resistance - of mobilizing churches, trade unions and universities, for example, and by priming sympathetic politicians to act when the moment arrives? In the absence of an ANC-type organization to direct us, we have a much more difficult job of communicating and of coordinating our actions. But we are in touch with one another. The political moment looming just weeks or months ahead demands our attention.

Life in the Occupied Territories is about to get even more difficult, I believe, but perhaps we are finally approaching the breaking point. If that is the case, we must be there for the Palestinians on all the fronts: to protect them, to play our role in pushing the Occupation into unsustainability, to resist re-occupation, to act as watchdogs over political "processes" that threaten to impose apartheid in the guise of a two-state solution and, ultimately, to ensure that a just and lasting peace emerges. As weak and failed attempts by governments head for collapse, we must pick up the slack. 2011 is upon us.

Jeff Halper is the Director of The Israeli Committee Against House Demolitions (ICAHD). The Israeli Committee Against House Demolitions is based in Jerusalem and has chapters in the United Kingdom and the United States.
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Tuesday, December 07, 2010

Julian Assange: The Worst-Case Scenario--Tom Hayden

From Tom Hayden, with prior consent, see link at bottom.

Julian Assange: The Worst-Case Scenario
Tuesday, December 7, 2010 at 2:22PM
Tom Hayden
Julian Assange, the WikiLeaks founder who today turned himself into Scotland Yard to face an arrest warrant, is well aware of the worst-case scenario facing him as he sits in Wandsworth prison. This is the initial assessment.

Clearly the U.S. and British governments have a major spy-case scenario underway, with Sweden playing a secondary role in casting Assange as a sexual predator. But Assange has advantages as well. Major media outlets are taking him seriously enough to publish hundreds of secret cables as de facto accessories, and they may find it problematic to pivot editorially to denounce their own source. Even Time and Forbes, while not justifying the theft of documents, have published flattering cover stories this week. Assange and WikiLeaks have vowed to unleash a deluge of more classified documents despite his imprisonment. The laws concerning extradition and espionage are complicated, and an appeals process could drag on for weeks under a global public spotlight, to Assange’s benefit.

At 1:00 PM PST, his lawyers in London were preparing an emergency appeal of his incarceration and denial of bail.

Next he could face extradition to Sweden, where the sex charges are increasingly incredible. According to Assange’s lawyer, one of the women threw a party for Assange the night after the “rape” attempt was alleged. No violence has been charged. The damage to Assange’s reputation has been “ incalculable” according to his lawyer – three-quarters of Internet references to his name include a reference to rape – but the case has the potential of imploding into an embarrassing circus for Sweden.

The real question is whether Assange will face extradition to the United States on charges now being prepared by a grand jury in Alexandria, Virginia, by the Justice Department. He could extradited from either Sweden or London, where lawyers are preparing for a protracted legal fight. Under British law, there is a protection against extradition for “political” reasons. It would take a U.S. declaration of an extraordinary national security interest to circumvent the normal procedures of extradition. Worst case, Assange could even be “rendered” to the U.S., causing heightened global interest.

Assuming the Obama administration, and especially the CIA and Pentagon, want his head badly enough, Assange could soon be photographed in manacles in the U.S.

Under the procedures governing espionage cases, he then would be:
  • held in solitary confinement;
  • refused visitations except by lawyers whose conversations would be recorded;
  • all evidence, including his own materials, would be placed in a secured facility with limited access rights;
  • taking notes could be prohibited;
  • his lawyers would have to pass security clearances.
The net effect of these procedures would be to deny him the right to mount a meaningful legal defense. 
NB: the Bulletin will keep the public posted on developments throughout today and the week...
Article originally appeared on tomhayden.com (http://tomhayden.com/).
See website for complete article licensing information.
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