Malzberg | Sharyl Attkisson to discuss her new book “Stonewalled” | Part 2
Wyden: No to warrantless searches by the FBI through National Security Letters
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
William Binney – The Government is Profiling You (The NSA is Spying on You)
NSA Surveillance and What To Do About It
Taking a Look at the NSA’s Massive Data Center
NSA’s Largest Spy Center Located in Utah (What you need to know)
NSA Whistleblower William Binney: The Future of FREEDOM
‘State of Surveillance’ with Edward Snowden and Shane Smith (FULL EPISODE)
Edward Snowden Full Interview on Trump, Petraeus, & Having ‘No Regrets’
DOCUMENTARY: Edward Snowden – Terminal F (2015)
NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’
NSA paying US Companies hundreds of millions of dollars for access to data
“You’re Being Watched”: Edward Snowden Emerges as Source Behind Explosive Revelations of NSA Spying
Does the NSA Record Phone Calls? Glenn Greenwald on Warrentless Domestic Surveillance (2007)
Published on Jul 8, 2013
The NSA warrantless surveillance controversy (AKA “Warrantless Wiretapping”) concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency (NSA) as part of the war on terror. Under this program, referred to by the Bush administration as the “terrorist surveillance program”, part of the broader President’s Surveillance Program, the NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity (Web, e-mail, etc.), text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. Critics, however, claimed that it was in an effort to attempt to silence critics of the Bush Administration and their handling of several hot button issues during its tenure. Under public pressure, the Bush administration ceased the warrantless wiretapping program in January 2007 and returned review of surveillance to the FISA court. Subsequently, in 2008 Congress passed the FISA Amendments Act of 2008, which relaxed some of the original FISA court requirements.
During the Obama Administration, the NSA has officially continued operating under the new FISA guidelines. However, in April 2009 officials at the United States Department of Justice acknowledged that the NSA had engaged in “overcollection” of domestic communications in excess of the FISA court’s authority, but claimed that the acts were unintentional and had since been rectified.
All wiretapping of American citizens by the National Security Agency requires a warrant from a three-judge court set up under the Foreign Intelligence Surveillance Act. After the 9/11 attacks, Congress passed the Patriot Act, which granted the President broad powers to fight a war against terrorism. The George W. Bush administration used these powers to bypass the FISA court and directed the NSA to spy directly on al Qaeda in a new NSA electronic surveillance program. Reports at the time indicate that an “apparently accidental” “glitch” resulted in the interception of communications that were purely domestic in nature.[5] This action was challenged by a number of groups, including Congress, as unconstitutional.
The exact scope of the program is not known, but the NSA is or was provided total, unsupervised access to all fiber-optic communications going between some of the nation’s largest telecommunication companies’ major interconnected locations, including phone conversations, email, web browsing, and corporate private network traffic.[6] Critics said that such “domestic” intercepts required FISC authorization under the Foreign Intelligence Surveillance Act.[7] The Bush administration maintained that the authorized intercepts are not domestic but rather foreign intelligence integral to the conduct of war and that the warrant requirements of FISA were implicitly superseded by the subsequent passage of the Authorization for Use of Military Force Against Terrorists (AUMF).[8] FISA makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both.[9] In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.[10]
After an article about the program, (which had been code-named Stellar Wind), was published in The New York Times on December 16, 2005, Attorney General Alberto Gonzales confirmed its existence.[11][12][13] The Times had posted the exclusive story on their website the night before, after learning that the Bush administration was considering seeking a Pentagon-Papers-style court injunction to block its publication.[14] Critics of The Times have alleged that executive editor Bill Keller had withheld the story from publication since before the 2004 Presidential election, and that the story that was ultimately published by The Times was essentially the same as reporters James Risen and Eric Lichtblau had submitted in 2004.[15] In a December 2008 interview with Newsweek, former Justice Department employee Thomas Tamm revealed himself to be the initial whistle-blower to The Times. The FBI began investigating leaks about the program in 2005, with 25 agents and 5 prosecutors on the case.
FBI’s Patriot Act Abuse of National Security Letters and illegal NSA spying
If you think you can handle the truth, well here it is folks
The National Security Agency (NSA) is an intelligence organization of the United States federal government responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes, a discipline known as signals intelligence (SIGINT). NSA is concurrently charged with protection of U.S. government communications and information systems against penetration and network warfare.[8][9] Although many of NSA’s programs rely on “passive” electronic collection, the agency is authorized to accomplish its mission through active clandestine means,[10] among which are physically bugging electronic systems[11] and allegedly engaging in sabotage through subversive software.[12][13] Moreover, NSA maintains physical presence in a large number of countries across the globe, where its Special Collection Service (SCS) inserts eavesdropping devices in difficult-to-reach places. SCS collection tactics allegedly encompass “close surveillance, burglary, wiretapping, breaking and entering”.[14][15]
Unlike the Defense Intelligence Agency (DIA) and the Central Intelligence Agency (CIA), both of which specialize primarily in foreign human espionage, NSA does not unilaterally conduct human-source intelligence gathering, despite often being portrayed so in popular culture. Instead, NSA is entrusted with assistance to and coordination of SIGINT elements at other government organizations, which are prevented by law from engaging in such activities without the approval of the NSA via the Defense Secretary.[16] As part of these streamlining responsibilities, the agency has a co-located organization called the Central Security Service (CSS), which was created to facilitate cooperation between NSA and other U.S. military cryptanalysis components. Additionally, the NSA Director simultaneously serves as the Commander of the United States Cyber Command and as Chief of the Central Security Service.
NSA surveillance has been a matter of political controversy on several occasions, such as its spying on anti-Vietnam-war leaders or economic espionage. In 2013, the extent of some of the NSA’s secret surveillance programs was revealed to the public by Edward Snowden. According to the leaked documents, the NSA intercepts the communications of over a billion people worldwide, many of whom are United States citizens, and tracks the movement of hundreds of millions of people using cellphones. Internationally, research has pointed to the NSA’s ability to surveil the domestic Internet traffic of foreign countries through “boomerang routing”.[18]
Contents
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History
Army predecessor
The origins of the National Security Agency can be traced back to April 28, 1917, three weeks after the U.S. Congress declared war on Germany in World War I. A code and cipher decryption unit was established as the Cable and Telegraph Section which was also known as the Cipher Bureau. It was headquartered in Washington, D.C. and was part of the war effort under the executive branch without direct Congressional authorization. During the course of the war it was relocated in the army’s organizational chart several times. On July 5, 1917, Herbert O. Yardley was assigned to head the unit. At that point, the unit consisted of Yardley and two civilian clerks. It absorbed the navy’s cryptoanalysis functions in July 1918. World War I ended on November 11, 1918, and MI-8 moved to New York City on May 20, 1919, where it continued intelligence activities as the Code Compilation Company under the direction of Yardley.[19][20]
Black Chamber
Western Union allowed MI-8 to monitor telegraphic communications passing through the company’s wires until 1929.[21]
MI-8 also operated the so-called “Black Chamber“.[22] The Black Chamber was located on East 37th Street in Manhattan. Its purpose was to crack the communications codes of foreign governments. Jointly supported by the State Department and the War Department, the chamber persuaded Western Union, the largest U.S. telegram company, to allow government officials to monitor private communications passing through the company’s wires.[23]
Other “Black Chambers” were also found in Europe. They were established by the French and British governments to read the letters of targeted individuals, employing a variety of techniques to surreptitiously open, copy, and reseal correspondence before forwarding it to unsuspecting recipients.[24]
Despite the American Black Chamber’s initial successes, it was shut down in 1929 by U.S. Secretary of State Henry L. Stimson, who defended his decision by stating: “Gentlemen do not read each other’s mail”.[21]
World War II and its aftermath
During World War II, the Signal Security Agency (SSA) was created to intercept and decipher the communications of the Axis powers.[25] When the war ended, the SSA was reorganized as the Army Security Agency (ASA), and it was placed under the leadership of the Director of Military Intelligence.[25]
On May 20, 1949, all cryptologic activities were centralized under a national organization called the Armed Forces Security Agency (AFSA).[25]This organization was originally established within the U.S. Department of Defense under the command of the Joint Chiefs of Staff.[26] The AFSA was tasked to direct Department of Defense communications and electronic intelligence activities, except those of U.S. military intelligence units.[26] However, the AFSA was unable to centralize communications intelligence and failed to coordinate with civilian agencies that shared its interests such as the Department of State, Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI).[26] In December 1951, President Harry S. Truman ordered a panel to investigate how AFSA had failed to achieve its goals. The results of the investigation led to improvements and its redesignation as the National Security Agency.[27]
The agency was formally established by Truman in a memorandum of October 24, 1952, that revised National Security Council Intelligence Directive (NSCID) 9.[28] Since President Truman’s memo was a classified document,[28] the existence of the NSA was not known to the public at that time. Due to its ultra-secrecy the U.S. intelligence community referred to the NSA as “No Such Agency”.[29]
A secret operation, code-named “MINARET“, was set up by the NSA to monitor the phone communications of Senators Frank Church and Howard Baker, as well as major civil rights leaders, including Martin Luther King, Jr., and prominent U.S. journalists and athletes who criticized the Vietnam War.[31] However, the project turned out to be controversial, and an internal review by the NSA concluded that its Minaret program was “disreputable if not outright illegal”.[31]
The NSA mounted a major effort to secure tactical communications among U.S. forces during the war with mixed success. The NESTOR family of compatible secure voice systems it developed was widely deployed during the Vietnam War, with about 30,000 NESTOR sets produced. However a variety of technical and operational problems limited their use, allowing the North Vietnamese to exploit intercepted U.S. communications.[32]:Vol I, p.79
In the aftermath of the Watergate scandal, a congressional hearing in 1975 led by Sen. Frank Church[33] revealed that the NSA, in collaboration with Britain’s SIGINT intelligence agency Government Communications Headquarters (GCHQ), had routinely intercepted the international communications of prominent anti-Vietnam war leaders such as Jane Fonda and Dr. Benjamin Spock.[34] Following the resignation of President Richard Nixon, there were several investigations of suspected misuse of FBI, CIA and NSA facilities.[35] Senator Frank Church uncovered previously unknown activity,[35]such as a CIA plot (ordered by the administration of President John F. Kennedy) to assassinate Fidel Castro.[36] The investigation also uncovered NSA’s wiretaps on targeted American citizens.[37]
In 1986, the NSA intercepted the communications of the Libyan government during the immediate aftermath of the Berlin discotheque bombing. The White House asserted that the NSA interception had provided “irrefutable” evidence that Libya was behind the bombing, which U.S. President Ronald Reagan cited as a justification for the 1986 United States bombing of Libya.[38][39]
In 1999, a multi-year investigation by the European Parliament highlighted the NSA’s role in economic espionage in a report entitled ‘Development of Surveillance Technology and Risk of Abuse of Economic Information’.[40] That year, the NSA founded the NSA Hall of Honor, a memorial at the National Cryptologic Museum in Fort Meade, Maryland.[41] The memorial is a, “tribute to the pioneers and heroes who have made significant and long-lasting contributions to American cryptology”.[41] NSA employees must be retired for more than fifteen years to qualify for the memorial.[41]
NSA’s infrastructure deteriorated in the 1990s as defense budget cuts resulted in maintenance deferrals. On January 24, 2000, NSA headquarters suffered a total network outage for three days caused by an overloaded network. Incoming traffic was successfully stored on agency servers, but it could not be directed and processed. The agency carried out emergency repairs at a cost of $3 million to get the system running again. (Some incoming traffic was also directed instead to Britain’s GCHQ for the time being.) Director Michael Hayden called the outage a “wake-up call” for the need to invest in the agency’s infrastructure.[42]
War on Terror
After Osama bin Laden moved to Afghanistan in the 1980s, the NSA recorded all of his phone calls via satellite, logging over 2,000 minutes of conversation[43]
In the aftermath of the September 11 attacks, the NSA created new IT systems to deal with the flood of information from new technologies like the Internet and cellphones. ThinThread contained advanced data mining capabilities. It also had a “privacy mechanism”; surveillance was stored encrypted; decryption required a warrant. The research done under this program may have contributed to the technology used in later systems. ThinThread was cancelled when Michael Hayden chose Trailblazer, which did not include ThinThread’s privacy system.[44]
Trailblazer Project ramped up in 2002. SAIC, Boeing, CSC, IBM, and Litton worked on it. Some NSA whistleblowers complained internally about major problems surrounding Trailblazer. This led to investigations by Congress and the NSA and DoD Inspectors General. The project was cancelled in early 2004. Several whistleblowers were later arrested and charged with violating federal espionage laws.
Turbulence started in 2005. It was developed in small, inexpensive “test” pieces, rather than one grand plan like Trailblazer. It also included offensive cyber-warfare capabilities, like injecting malware into remote computers. Congress criticized Turbulence in 2007 for having similar bureaucratic problems as Trailblazer.[45] It was to be a realization of information processing at higher speeds in cyberspace.[46]
The massive extent of the NSA’s spying, both foreign and domestic, was revealed to the public in a series of detailed disclosures of internal NSA documents beginning in June 2013. Most of the disclosures were leaked by former NSA contractor, Edward Snowden.
Scope of surveillance
It was revealed that the NSA intercepts telephone and Internet communications of over a billion people worldwide, seeking information on terrorism as well as foreign politics, economics[47] and “commercial secrets”.[48] In a declassified document it was revealed that 17,835 phone lines were on an improperly permitted “alert list” from 2006 to 2009 in breach of compliance, which tagged these phone lines for daily monitoring.[49][50][51] Eleven percent of these monitored phone lines met the agency’s legal standard for “reasonably articulable suspicion” (RAS).[49][52]
A dedicated unit of the NSA locates targets for the CIA for extrajudicial assassination in the Middle East.[53] The NSA has also spied extensively on the European Union, the United Nations and numerous governments including allies and trading partners in Europe, South America and Asia.[54][55]
The NSA tracks the locations of hundreds of millions of cellphones per day, allowing it to map people’s movements and relationships in detail.[56]It reportedly has access to all communications made via Google, Microsoft, Facebook, Yahoo, YouTube, AOL, Skype, Apple and Paltalk,[57] and collects hundreds of millions of contact lists from personal email and instant messaging accounts each year.[58] It has also managed to weaken much of the encryption used on the Internet (by collaborating with, coercing or otherwise infiltrating numerous technology companies), so that the majority of Internet privacy is now vulnerable to the NSA and other attackers.[59][60]
Domestically, the NSA collects and stores metadata records of phone calls,[61] including over 120 million US Verizon subscribers,[62] as well as Internet communications,[57] relying on a secret interpretation of the Patriot Act whereby the entirety of US communications may be considered “relevant” to a terrorism investigation if it is expected that even a tiny minority may relate to terrorism.[63] The NSA supplies foreign intercepts to the DEA, IRS and other law enforcement agencies, who use these to initiate criminal investigations. Federal agents are then instructed to “recreate” the investigative trail via parallel construction.[64]
The NSA also spies on influential Muslims to obtain information that could be used to discredit them, such as their use of pornography. The targets, both domestic and abroad, are not suspected of any crime but hold religious or political views deemed “radical” by the NSA.[65]
Although NSA’s surveillance activities are controversial, government agencies and private enterprises have common needs, and sometimes cooperate at subtle and complex technical levels. Big data is becoming more advantageous, justifying the cost of required computer hardware, and social media lead the trend. The interests of NSA and Silicon Valley began to converge as advances in computer storage technology drastically reduced the costs of storing enormous amounts of data and at the same time the value of the data for use in consumer marketing began to rise. On the other hand, social media sites are growing as voluntary data mining operations on a scale that rivals or exceeds anything the government could attempt on its own.[66]
According to a report in The Washington Post in July 2014, relying on information provided by Snowden, 90% of those placed under surveillance in the U.S. are ordinary Americans, and are not the intended targets. The newspaper said it had examined documents including emails, text messages, and online accounts that support the claim.[67]
Legal accountability
Despite President Obama’s claims that these programs have congressional oversight, members of Congress were unaware of the existence of these NSA programs or the secret interpretation of the Patriot Act, and have consistently been denied access to basic information about them.[68] Obama has also claimed that there are legal checks in place to prevent inappropriate access of data and that there have been no examples of abuse;[69] however, the secret FISC court charged with regulating the NSA’s activities is, according to its chief judge, incapable of investigating or verifying how often the NSA breaks even its own secret rules.[70] It has since been reported that the NSA violated its own rules on data access thousands of times a year, many of these violations involving large-scale data interceptions;[71] and that NSA officers have even used data intercepts to spy on love interests.[72] The NSA has “generally disregarded the special rules for disseminating United States person information” by illegally sharing its intercepts with other law enforcement agencies.[73] A March 2009 opinion of the FISC court, released by court order, states that protocols restricting data queries had been “so frequently and systemically violated that it can be fairly said that this critical element of the overall … regime has never functioned effectively.”[74][75] In 2011 the same court noted that the “volume and nature” of the NSA’s bulk foreign Internet intercepts was “fundamentally different from what the court had been led to believe”.[73] Email contact lists (including those of US citizens) are collected at numerous foreign locations to work around the illegality of doing so on US soil.[58]
Legal opinions on the NSA’s bulk collection program have differed. In mid-December 2013, U.S. District Court Judge Richard Leon ruled that the “almost-Orwellian” program likely violates the Constitution, and wrote, “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely, such a program infringes on ‘that degree of privacy’ that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.”[76]
Later that month, U.S. District Judge William Pauley ruled that the NSA’s collection of telephone records is legal and valuable in the fight against terrorism. In his opinion, he wrote, “a bulk telephony metadata collection program [is] a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data” and noted that a similar collection of data prior to 9/11 might have prevented the attack.[77]
An October 2014 United Nations report condemned mass surveillance by the United States and other countries as violating multiple international treaties and conventions that guarantee core privacy rights.[78]
Official responses
On March 20, 2013 the Director of National Intelligence, Lieutenant General James Clapper, testified before Congress that the NSA does not wittingly collect any kind of data on millions or hundreds of millions of Americans, but he retracted this in June after details of the PRISM program were published, and stated instead that meta-data of phone and Internet traffic are collected, but no actual message contents.[79] This was corroborated by the NSA Director, General Keith Alexander, before it was revealed that the XKeyscore program collects the contents of millions of emails from US citizens without warrant, as well as “nearly everything a user does on the Internet”. Alexander later admitted that “content” is collected, but stated that it is simply stored and never analyzed or searched unless there is “a nexus to al-Qaida or other terrorist groups”.[69]
Regarding the necessity of these NSA programs, Alexander stated on June 27 that the NSA’s bulk phone and Internet intercepts had been instrumental in preventing 54 terrorist “events”, including 13 in the US, and in all but one of these cases had provided the initial tip to “unravel the threat stream”.[80] On July 31 NSA Deputy Director John Inglis conceded to the Senate that these intercepts had not been vital in stopping any terrorist attacks, but were “close” to vital in identifying and convicting four San Diego men for sending US$8,930 to Al-Shabaab, a militia that conducts terrorism in Somalia.[81][82][83]
The U.S. government has aggressively sought to dismiss and challenge Fourth Amendment cases raised against it, and has granted retroactive immunity to ISPs and telecoms participating in domestic surveillance.[84][85] The U.S. military has acknowledged blocking access to parts of The Guardian website for thousands of defense personnel across the country,[86][87] and blocking the entire Guardian website for personnel stationed throughout Afghanistan, the Middle East, and South Asia.[88]
NSA also has an Inspector General, head of the Office of the Inspector General (OIG), a General Counsel, head of the Office of the General Counsel (OGC) and a Director of Compliance, who is head of the Office of the Director of Compliance (ODOC).[89]
Unlike other intelligence organizations such as CIA or DIA, NSA has always been particularly reticent concerning its internal organizational structure.
As of the mid-1990s, the National Security Agency was organized into five Directorates:
The Operations Directorate, which was responsible for SIGINT collection and processing.
The Technology and Systems Directorate, which develops new technologies for SIGINT collection and processing.
The Information Systems Security Directorate, which was responsible for NSA’s communications and information security missions.
The Plans, Policy and Programs Directorate, which provided staff support and general direction for the Agency.
The Support Services Directorate, which provided logistical and administrative support activities.[90]
Each of these directorates consisted of several groups or elements, designated by a letter. There were for example the A Group, which was responsible for all SIGINT operations against the Soviet Union and Eastern Europe, and G Group, which was responsible for SIGINT related to all non-communist countries. These groups were divided in units designated by an additional number, like unit A5 for breaking Soviet codes, and G6, being the office for the Middle East, North Africa, Cuba, Central and South America.[91][92]
Structure
As of 2013, NSA has about a dozen directorates, which are designated by a letter, although not all of them are publicly known. The directorates are divided in divisions and units starting with the letter of the parent directorate, followed by a number for the division, the sub-unit or a sub-sub-unit.
The main elements of the organizational structure of the NSA are:[93]
F – Directorate only known from unit F6, the Special Collection Service (SCS), which is a joint program created by CIA and NSA in 1978 to facilitate clandestine activities such as bugging computers throughout the world, using the expertise of both agencies.[94]
G – Directorate only known from unit G112, the office that manages the Senior Span platform, attached to the U2 spy planes.[95]
I – Information Assurance Directorate (IAD), which ensures availability, integrity, authentication, confidentiality, and non-repudiation of national security and telecommunications and information systems (national security systems).
J – Directorate only known from unit J2, the Cryptologic Intelligence Unit
L – Installation and Logistics
M – Human Resources
Q – Security and Counterintelligence
R – Research Directorate, which conducts research on signals intelligence and on information assurance for the U.S. Government.[96]
S – Signals Intelligence Directorate (SID), which is responsible for the collection, analysis, production and dissemination of signals intelligence. This directorate is led by a director and a deputy director. The SID consists of the following divisions:
S1 – Customer Relations
S2 – Analysis and Production Centers, with the following so-called Product Lines:
S2A: South Asia, S2B: China and Korea, S2C: International Security, S2E: Middle East/Asia, S2F: International Crime, S2G: Counter-proliferation, S2H: Russia, S2I: Counter-terrorism, S2J: Weapons and Space, S2T: Current Threats
S3 – Data Acquisition, with these divisions for the main collection programs:
S31 – Cryptanalysis and Exploitation Services (CES)
S32 – Tailored Access Operations (TAO), which hacks into foreign computers to conduct cyber-espionage and reportedly is “the largest and arguably the most important component of the NSA’s huge Signal Intelligence (SIGINT) Directorate, consisting of over 1,000 military and civilian computer hackers, intelligence analysts, targeting specialists, computer hardware and software designers, and electrical engineers.”[97]
S33 – Global Access Operations (GAO), which is responsible for intercepts from satellites and other international SIGINT platforms.[98] A tool which details and maps the information collected by this unit is code-named Boundless Informant.
S34 – Collections Strategies and Requirements Center
S35 – Special Source Operations (SSO), which is responsible for domestic and compartmented collection programs, like for example the PRISM program.[98] Special Source Operations is also mentioned in connection to the FAIRVIEW collection program.[99]
T – Technical Directorate (TD)
Directorate for Education and Training
Directorate for Corporate Leadership
Foreign Affairs Directorate, which acts as liaison with foreign intelligence services, counter-intelligence centers and the UKUSA-partners.
Acquisitions and Procurement Directorate
Information Sharing Services (ISS), led by a chief and a deputy chief.[100]
In the year 2000, a leadership team was formed, consisting of the Director, the Deputy Director and the Directors of the Signals Intelligence (SID), the Information Assurance (IAD) and the Technical Directorate (TD). The chiefs of other main NSA divisions became associate directors of the senior leadership team.[101]
After president George W. Bush initiated the President’s Surveillance Program (PSP) in 2001, the NSA created a 24-hour Metadata Analysis Center (MAC), followed in 2004 by the Advanced Analysis Division (AAD), with the mission of analyzing content, Internet metadata and telephone metadata. Both units were part of the Signals Intelligence Directorate.[102]
A 2016 proposal would combine the Signals Intelligence Directorate with the Information Assurance Directorate into a Directorate of Operations.[103]
Watch centers
The NSA maintains at least two watch centers:
National Security Operations Center (NSOC), which is the NSA’s current operations center and focal point for time-sensitive SIGINT reporting for the United States SIGINT System (USSS). This center was established in 1968 as the National SIGINT Watch Center (NSWC) and renamed into National SIGINT Operations Center (NSOC) in 1973. This “nerve center of the NSA” got its current name in 1996.[104]
NSA/CSS Threat Operations Center (NTOC), which is the primary NSA/CSS partner for Department of Homeland Security response to cyber incidents. The NTOC establishes real-time network awareness and threat characterization capabilities to forecast, alert, and attribute malicious activity and enable the coordination of Computer Network Operations. The NTOC was established in 2004 as a joint Information Assurance and Signals Intelligence project.[105]
Employees
The number of NSA employees is officially classified[4] but there are several sources providing estimates. In 1961, NSA had 59,000 military and civilian employees, which grew to 93,067 in 1969, of which 19,300 worked at the headquarters at Fort Meade. In the early 1980s NSA had roughly 50,000 military and civilian personnel. By 1989 this number had grown again to 75,000, of which 25,000 worked at the NSA headquarters. Between 1990 and 1995 the NSA’s budget and workforce were cut by one third, which led to a substantial loss of experience.[106]
In 2012, the NSA said more than 30,000 employees worked at Fort Meade and other facilities.[2] In 2012, John C. Inglis, the deputy director, said that the total number of NSA employees is “somewhere between 37,000 and one billion” as a joke,[4] and stated that the agency is “probably the biggest employer of introverts.”[4] In 2013 Der Spiegel stated that the NSA had 40,000 employees.[5] More widely, it has been described as the world’s largest single employer of mathematicians.[107] Some NSA employees form part of the workforce of the National Reconnaissance Office (NRO), the agency that provides the NSA with satellite signals intelligence.
The NSA received criticism early on in 1960 after two agents had defected to the Soviet Union. Investigations by the House Un-American Activities Committee and a special subcommittee of the United States House Committee on Armed Services revealed severe cases of ignorance in personnel security regulations, prompting the former personnel director and the director of security to step down and leading to the adoption of stricter security practices.[109] Nonetheless, security breaches reoccurred only a year later when in an issue of Izvestia of July 23, 1963, a former NSA employee published several cryptologic secrets.
The very same day, an NSA clerk-messenger committed suicide as ongoing investigations disclosed that he had sold secret information to the Soviets on a regular basis. The reluctance of Congressional houses to look into these affairs had prompted a journalist to write, “If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired.” David Kahn criticized the NSA’s tactics of concealing its doings as smug and the Congress’ blind faith in the agency’s right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.[109]
Edward Snowden‘s leaking of the existence of PRISM in 2013 caused the NSA to institute a “two-man rule“, where two system administrators are required to be present when one accesses certain sensitive information.[108] Snowden claims he suggested such a rule in 2009.[110]
The NSA conducts polygraph tests of employees. For new employees, the tests are meant to discover enemy spies who are applying to the NSA and to uncover any information that could make an applicant pliant to coercion.[111] As part of the latter, historically EPQs or “embarrassing personal questions” about sexual behavior had been included in the NSA polygraph.[111] The NSA also conducts five-year periodic reinvestigation polygraphs of employees, focusing on counterintelligence programs. In addition the NSA conducts periodic polygraph investigations in order to find spies and leakers; those who refuse to take them may receive “termination of employment”, according to a 1982 memorandum from the director of the NSA.[112]
NSA-produced video on the polygraph process
There are also “special access examination” polygraphs for employees who wish to work in highly sensitive areas, and those polygraphs cover counterintelligence questions and some questions about behavior.[112] NSA’s brochure states that the average test length is between two and four hours.[113] A 1983 report of the Office of Technology Assessment stated that “It appears that the NSA [National Security Agency] (and possibly CIA) use the polygraph not to determine deception or truthfulness per se, but as a technique of interrogation to encourage admissions.”[114]Sometimes applicants in the polygraph process confess to committing felonies such as murder, rape, and selling of illegal drugs. Between 1974 and 1979, of the 20,511 job applicants who took polygraph tests, 695 (3.4%) confessed to previous felony crimes; almost all of those crimes had been undetected.[111]
In 2010 the NSA produced a video explaining its polygraph process.[115] The video, ten minutes long, is titled “The Truth About the Polygraph” and was posted to the Web site of the Defense Security Service. Jeff Stein of The Washington Post said that the video portrays “various applicants, or actors playing them — it’s not clear — describing everything bad they had heard about the test, the implication being that none of it is true.”[116] AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video.[115] George Maschke, the founder of the Web site, accused the NSA polygraph video of being “Orwellian“.[116]
After Edward Snowden revealed his identity in 2013, the NSA began requiring polygraphing of employees once per quarter.[117]
Arbitrary firing
The number of exemptions from legal requirements has been criticized. When in 1964 the Congress was hearing a bill giving the director of the NSA the power to fire at will any employee,The Washington Post wrote: “This is the very definition of arbitrariness. It means that an employee could be discharged and disgraced on the basis of anonymous allegations without the slightest opportunity to defend himself.” Yet, the bill was accepted by an overwhelming majority.[109]
Insignia and memorials
The heraldic insignia of NSA consists of an eagle inside a circle, grasping a key in its talons.[118] The eagle represents the agency’s national mission.[118] Its breast features a shield with bands of red and white, taken from the Great Seal of the United States and representing Congress.[118] The key is taken from the emblem of Saint Peter and represents security.[118]
When the NSA was created, the agency had no emblem and used that of the Department of Defense.[119] The agency adopted its first of two emblems in 1963.[119] The current NSA insignia has been in use since 1965, when then-Director, LTG Marshall S. Carter (USA) ordered the creation of a device to represent the agency.[120]
The NSA’s flag consists of the agency’s seal on a light blue background.
National Cryptologic Memorial
Crews associated with NSA missions have been involved in a number of dangerous and deadly situations.[121] The USS Liberty incident in 1967 and USS Pueblo incident in 1968 are examples of the losses endured during the Cold War.[121]
The National Security Agency/Central Security Service Cryptologic Memorial honors and remembers the fallen personnel, both military and civilian, of these intelligence missions.[122] It is made of black granite, and has 171 names carved into it, as of 2013 .[122] It is located at NSA headquarters. A tradition of declassifying the stories of the fallen was begun in 2001.[122]
NSANet (NSA’s intranet)
Behind the Green Door – Secure communications room with separate computer terminals for access to SIPRNET, GWAN, NSANET, and JWICS
NSANet stands for National Security Agency Network and is the official NSA intranet.[123] It is a classified network,[124] for information up to the level of TS/SCI[125] to support the use and sharing of intelligence data between NSA and the signals intelligence agencies of the four other nations of the Five Eyes partnership. The management of NSANet has been delegated to the Central Security Service Texas (CSSTEXAS).[126]
NSANet is a highly secured computer network consisting of fiber-optic and satellite communication channels which are almost completely separated from the public Internet. The network allows NSA personnel and civilian and military intelligence analysts anywhere in the world to have access to the agency’s systems and databases. This access is tightly controlled and monitored. For example, every keystroke is logged, activities are audited at random and downloading and printing of documents from NSANet are recorded.[127]
In 1998, NSANet, along with NIPRNET and SIPRNET, had “significant problems with poor search capabilities, unorganized data and old information”.[128] In 2004, the network was reported to have used over twenty commercial off-the-shelf operating systems.[129] Some universities that do highly sensitive research are allowed to connect to it.[130]
The thousands of Top Secret internal NSA documents that were taken by Edward Snowden in 2013 were stored in “a file-sharing location on the NSA’s intranet site” so they could easily be read online by NSA personnel. Everyone with a TS/SCI-clearance had access to these documents and as a system administrator, Snowden was responsible for moving accidentally misplaced highly sensitive documents to more secure storage locations.[131]
National Computer Security Center
The DoD Computer Security Center was founded in 1981 and renamed the National Computer Security Center (NCSC) in 1985. NCSC was responsible for computer security throughout the federal government.[132] NCSC was part of NSA,[133] and during the late 1980s and the 1990s, NSA and NCSC published Trusted Computer System Evaluation Criteria in a six-foot high Rainbow Series of books that detailed trusted computing and network platform specifications.[134] The Rainbow books were replaced by the Common Criteria, however, in the early 2000s.[134]
Facilities
Headquarters
National Security Agency headquarters in Fort Meade, 2013
Headquarters for the National Security Agency is located at 39°6′32″N76°46′17″W in Fort George G. Meade, Maryland, although it is separate from other compounds and agencies that are based within this same military installation. Ft. Meade is about 20 mi (32 km) southwest of Baltimore,[135] and 25 mi (40 km) northeast of Washington, DC.[136] The NSA has its own exit off Maryland Route 295 South labeled “NSA Employees Only”.[137][138] The exit may only be used by people with the proper clearances, and security vehicles parked along the road guard the entrance.[139]
NSA is the largest employer in the U.S. state of Maryland, and two-thirds of its personnel work at Ft. Meade.[140] Built on 350 acres (140 ha; 0.55 sq mi)[141] of Ft. Meade’s 5,000 acres (2,000 ha; 7.8 sq mi),[142] the site has 1,300 buildings and an estimated 18,000 parking spaces.[136][143]
NSA headquarters building in Fort Meade (left), NSOC (right)
The main NSA headquarters and operations building is what James Bamford, author of Body of Secrets, describes as “a modern boxy structure” that appears similar to “any stylish office building.”[144] The building is covered with one-way dark glass, which is lined with copper shielding in order to prevent espionage by trapping in signals and sounds.[144] It contains 3,000,000 square feet (280,000 m2), or more than 68 acres (28 ha), of floor space; Bamford said that the U.S. Capitol “could easily fit inside it four times over.”[144]
The facility has over 100 watchposts,[145] one of them being the visitor control center, a two-story area that serves as the entrance.[144] At the entrance, a white pentagonal structure,[146] visitor badges are issued to visitors and security clearances of employees are checked.[147] The visitor center includes a painting of the NSA seal.[146]
The OPS2A building, the tallest building in the NSA complex and the location of much of the agency’s operations directorate, is accessible from the visitor center. Bamford described it as a “dark glass Rubik’s Cube“.[148] The facility’s “red corridor” houses non-security operations such as concessions and the drug store. The name refers to the “red badge” which is worn by someone without a security clearance. The NSA headquarters includes a cafeteria, a credit union, ticket counters for airlines and entertainment, a barbershop, and a bank.[146] NSA headquarters has its own post office, fire department, and police force.[149][150][151]
Due to massive amounts of data processing, NSA is the largest electricity consumer in Maryland.[140]
Following a major power outage in 2000, in 2003 and in follow-ups through 2007, The Baltimore Sun reported that the NSA was at risk of electrical overload because of insufficient internal electrical infrastructure at Fort Meade to support the amount of equipment being installed. This problem was apparently recognized in the 1990s but not made a priority, and “now the agency’s ability to keep its operations going is threatened.”[153]
Baltimore Gas & Electric (BGE, now Constellation Energy) provided NSA with 65 to 75 megawatts at Ft. Meade in 2007, and expected that an increase of 10 to 15 megawatts would be needed later that year.[154] In 2011, NSA at Ft. Meade was Maryland’s largest consumer of power.[140] In 2007, as BGE’s largest customer, NSA bought as much electricity as Annapolis, the capital city of Maryland.[153]
One estimate put the potential for power consumption by the new Utah Data Center at US$40 million per year.[155]
When the agency was established, its headquarters and cryptographic center were in the Naval Security Station in Washington, D.C. The COMINT functions were located in Arlington Hall in Northern Virginia, which served as the headquarters of the U.S. Army‘s cryptographic operations.[156]Because the Soviet Union had detonated a nuclear bomb and because the facilities were crowded, the federal government wanted to move several agencies, including the AFSA/NSA. A planning committee considered Fort Knox, but Fort Meade, Maryland, was ultimately chosen as NSA headquarters because it was far enough away from Washington, D.C. in case of a nuclear strike and was close enough so its employees would not have to move their families.[157]
Construction of additional buildings began after the agency occupied buildings at Ft. Meade in the late 1950s, which they soon outgrew.[157] In 1963 the new headquarters building, nine stories tall, opened. NSA workers referred to the building as the “Headquarters Building” and since the NSA management occupied the top floor, workers used “Ninth Floor” to refer to their leaders.[158] COMSEC remained in Washington, D.C., until its new building was completed in 1968.[157] In September 1986, the Operations 2A and 2B buildings, both copper-shielded to prevent eavesdropping, opened with a dedication by President Ronald Reagan.[159] The four NSA buildings became known as the “Big Four.”[159] The NSA director moved to 2B when it opened.[159]
On March 30, 2015, shortly before 9 am, a stolen sports utility vehicle approached an NSA police vehicle blocking the road near the gate of Fort Meade, after it was told to leave the area. NSA officers fired on the SUV, killing the 27-year-old driver, Ricky Hall (a transgender person also known as Mya), and seriously injuring his 20-year-old male passenger. An NSA officer’s arm was injured when Hall subsequently crashed into his vehicle.[160][161]
The two, dressed in women’s clothing after a night of partying at a motel with the man they’d stolen the SUV from that morning, “attempted to drive a vehicle into the National Security Agency portion of the installation without authorization”, according to an NSA statement.[162] FBI spokeswoman Amy Thoreson said the incident is not believed to be related to terrorism.[163]In June 2015 the FBI closed its investigation into the incident and federal prosecutors have declined to bring charges against anyone involved.[164]
An anonymous police official told The Washington Post, “This was not a deliberate attempt to breach the security of NSA. This was not a planned attack.” The two are believed to have made a wrong turn off the highway, while fleeing from the motel after stealing the vehicle. A small amount of cocaine was found in the SUV. A local CBS reporter initially said a gun was found,[165]but her later revision does not.[166] Dozens of journalists were corralled into a parking lot blocks away from the scene, and were barred from photographing the area.[167]
NSA held a groundbreaking ceremony at Ft. Meade in May 2013 for its High Performance Computing Center 2, expected to open in 2016.[169] Called Site M, the center has a 150 megawatt power substation, 14 administrative buildings and 10 parking garages.[149] It cost $3.2 billion and covers 227 acres (92 ha; 0.355 sq mi).[149] The center is 1,800,000 square feet (17 ha; 0.065 sq mi)[149] and initially uses 60 megawatts of electricity.[170]
Increments II and III are expected to be completed by 2030, and would quadruple the space, covering 5,800,000 square feet (54 ha; 0.21 sq mi) with 60 buildings and 40 parking garages.[149]Defense contractors are also establishing or expanding cybersecurity facilities near the NSA and around the Washington metropolitan area.[149]
On January 6, 2011 a groundbreaking ceremony was held to begin construction on NSA’s first Comprehensive National Cyber-security Initiative (CNCI) Data Center, known as the “Utah Data Center” for short. The $1.5B data center is being built at Camp Williams, Utah, located 25 miles (40 km) south of Salt Lake City, and will help support the agency’s National Cyber-security Initiative.[172] It is expected to be operational by September 2013.[155]
In 2009, to protect its assets and to access more electricity, NSA sought to decentralize and expand its existing facilities in Ft. Meade and Menwith Hill,[173] the latter expansion expected to be completed by 2015.[174]
NSA operates RAF Menwith Hill in North Yorkshire, United Kingdom, which was, according to BBC News in 2007, the largest electronic monitoring station in the world.[182] Planned in 1954, and opened in 1960, the base covered 562 acres (227 ha; 0.878 sq mi) in 1999.[183]
The agency’s European Cryptologic Center (ECC), with 240 employees in 2011, is headquartered at a US military compound in Griesheim, near Frankfurt in Germany. A 2011 NSA report indicates that the ECC is responsible for the “largest analysis and productivity in Europe” and focusses on various priorities, including Africa, Europe, the Middle East and counterterrorism operations.[184]
In 2013, a new Consolidated Intelligence Center, also to be used by NSA, is being built at the headquarters of the United States Army Europe in Wiesbaden, Germany.[185] NSA’s partnership with Bundesnachrichtendienst (BND), the German foreign intelligence service, was confirmed by BND president Gerhard Schindler.[185]
Thailand
Thailand is a “3rd party partner” of the NSA along with nine other nations.[186] These are non-English-speaking countries that have made security agreements for the exchange of SIGINT raw material and end product reports.
Thailand is the site of at least two US SIGINT collection stations. One is at the US Embassy in Bangkok, a joint NSA-CIA Special Collection Service (SCS) unit. It presumably eavesdrops on foreign embassies, governmental communications, and other targets of opportunity.[187]
The second installation is a FORNSAT (foreign satellite interception) station in the Thai city of Khon Kaen. It is codenamed INDRA, but has also been referred to as LEMONWOOD.[187] The station is approximately 40 ha (100 acres) in size and consists of a large 3,700–4,600 m2 (40,000–50,000 ft2) operations building on the west side of the ops compound and four radome-enclosed parabolic antennas. Possibly two of the radome-enclosed antennas are used for SATCOM intercept and two antennas used for relaying the intercepted material back to NSA. There is also a PUSHER-type circularly-disposed antenna array (CDAA) array just north of the ops compound.[188][189]
NSA activated Khon Kaen in October 1979. Its mission was to eavesdrop on the radio traffic of Chinese army and air force units in southern China, especially in and around the city of Kunming in Yunnan Province. Back in the late 1970s the base consisted only of a small CDAA antenna array that was remote-controlled via satellite from the NSA listening post at Kunia, Hawaii, and a small force of civilian contractors from Bendix Field Engineering Corp. whose job it was to keep the antenna array and satellite relay facilities up and running 24/7.[188]
According to the papers of the late General William Odom, the INDRA facility was upgraded in 1986 with a new British-made PUSHER CDAA antenna as part of an overall upgrade of NSA and Thai SIGINT facilities whose objective was to spy on the neighboring communist nations of Vietnam, Laos, and Cambodia.[188]
The base apparently fell into disrepair in the 1990s as China and Vietnam became more friendly towards the US, and by 2002 archived satellite imagery showed that the PUSHER CDAA antenna had been torn down, perhaps indicating that the base had been closed. At some point in the period since 9/11, the Khon Kaen base was reactivated and expanded to include a sizeable SATCOM intercept mission. It is likely that the NSA presence at Khon Kaen is relatively small, and that most of the work is done by civilian contractors.[188]
Mission
NSA’s eavesdropping mission includes radio broadcasting, both from various organizations and individuals, the Internet, telephone calls, and other intercepted forms of communication. Its secure communications mission includes military, diplomatic, and all other sensitive, confidential or secret government communications.[190]
According to the Washington Post, “[e]very day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications. The NSA sorts a fraction of those into 70 separate databases.”[191]
Because of its listening task, NSA/CSS has been heavily involved in cryptanalytic research, continuing the work of predecessor agencies which had broken many World War II codes and ciphers (see, for instance, Purple, Venona project, and JN-25).
As part of the National Security Presidential Directive 54/Homeland Security Presidential Directive 23 (NSPD 54), signed on January 8, 2008 by President Bush, the NSA became the lead agency to monitor and protect all of the federal government’s computer networks from cyber-terrorism.[9]
Operations
Operations by the National Security Agency can be divided in three types:
Collection overseas, which falls under the responsibility of the Global Access Operations (GAO) division.
Domestic collection, which falls under the responsibility of the Special Source Operations (SSO) division.
Hacking operations, which falls under the responsibility of the Tailored Access Operations (TAO) division.
During the early 1970s, the first of what became more than eight large satellite communications dishes were installed at Menwith Hill.[196] Investigative journalist Duncan Campbell reported in 1988 on the ECHELON surveillance program, an extension of the UKUSA Agreement on global signals intelligence SIGINT, and detailed how the eavesdropping operations worked.[197] In November 3, 1999 the BBC reported that they had confirmation from the Australian Government of the existence of a powerful “global spying network” code-named Echelon, that could “eavesdrop on every single phone call, fax or e-mail, anywhere on the planet” with Britain and the United States as the chief protagonists. They confirmed that Menwith Hill was “linked directly to the headquarters of the US National Security Agency (NSA) at Fort Meade in Maryland”.[198]
NSA’s United States Signals Intelligence Directive 18 (USSID 18) strictly prohibited the interception or collection of information about “… U.S. persons, entities, corporations or organizations….” without explicit written legal permission from the United States Attorney General when the subject is located abroad, or the Foreign Intelligence Surveillance Court when within U.S. borders. Alleged Echelon-related activities, including its use for motives other than national security, including political and industrial espionage, received criticism from countries outside the UKUSA alliance.[199][200]
The NSA is also involved in planning to blackmail people with “SEXINT“, intelligence gained about a potential target’s sexual activity and preferences. Those targeted had not committed any apparent crime nor were charged with one.[201]
In order to support its facial recognition program, the NSA is intercepting “millions of images per day”.[202]
The Real Time Regional Gateway is a data collection program introduced in 2005 in Iraq by NSA during the Iraq War that consisted of gathering all electronic communication, storing it, then searching and otherwise analyzing it. It was effective in providing information about Iraqi insurgents who had eluded less comprehensive techniques.[203] This “collect it all” strategy introduced by NSA director, Keith B. Alexander, is believed by Glenn Greenwald of The Guardian to be the model for the comprehensive worldwide mass archiving of communications which NSA is engaged in as of 2013.[204]
BoundlessInformant
Edward Snowden revealed in June 2013 that between February 8 and March 8, 2013, the NSA collected about 124.8 billion telephone data items and 97.1 billion computer data items throughout the world, as was displayed in charts from an internal NSA tool codenamed Boundless Informant. It was reported that some of these data reflected eavesdropping on citizens in countries like Germany, Spain and France.[205]
In 2013, reporters uncovered a secret memo that claims the NSA created and pushed for the adoption of the Dual_EC_DRBG encryption standard that contained built-in vulnerabilities in 2006 to the United States National Institute of Standards and Technology (NIST), and the International Organization for Standardization (aka ISO).[207][208] This memo appears to give credence to previous speculation by cryptographers at Microsoft Research.[209]Edward Snowden claims that the NSA often bypasses encryption altogether by lifting information before it is encrypted or after it is decrypted.[208]
XKeyscore rules (as specified in a file xkeyscorerules100.txt, sourced by German TV stations NDR and WDR, who claim to have excerpts from its source code) reveal that the NSA tracks users of privacy-enhancing software tools, including Tor; an anonymous email service provided by the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL) in Cambridge, Massachusetts; and readers of the Linux Journal.[210][211]
NSA’s mission, as set forth in Executive Order 12333 in 1981, is to collect information that constitutes “foreign intelligence or counterintelligence” while not “acquiring information concerning the domestic activities of United States persons”. NSA has declared that it relies on the FBI to collect information on foreign intelligence activities within the borders of the United States, while confining its own activities within the United States to the embassies and missions of foreign nations.[212] The appearance of a ‘Domestic Surveillance Directorate’ of the NSA was soon exposed as a hoax in 2013.[213][214]
NSA’s domestic surveillance activities are limited by the requirements imposed by the Fourth Amendment to the U.S. Constitution. The Foreign Intelligence Surveillance Court for example held in October 2011, citing multiple Supreme Court precedents, that the Fourth Amendment prohibitions against unreasonable searches and seizures applies to the contents of all communications, whatever the means, because “a person’s private communications are akin to personal papers.”[215] However, these protections do not apply to non-U.S. persons located outside of U.S. borders, so the NSA’s foreign surveillance efforts are subject to far fewer limitations under U.S. law.[216] The specific requirements for domestic surveillance operations are contained in the Foreign Intelligence Surveillance Act of 1978 (FISA), which does not extend protection to non-U.S. citizens located outside of U.S. territory.[216]
George W. Bush administration
George W. Bush, president during the 9/11 terrorist attacks, approved the Patriot Act shortly after the attacks to take anti-terrorist security measures. Title 1, 2, and 9 specifically authorized measures that would be taken by the NSA. These titles granted enhanced domestic security against terrorism, surveillance procedures, and improved intelligence, respectively. On March 10, 2004, there was a debate between President Bush and White House Counsel Alberto Gonzales, Attorney General John Ashcroft, and Acting Attorney General James Comey. The Attorney Generals were unsure if the NSA’s programs could be considered constitutional. They threatened to resign over the matter, but ultimately the NSA’s programs continued.[217] On March 11, 2004, President Bush signed a new authorization for mass surveillance of Internet records, in addition to the surveillance of phone records.This allowed the president to be able to override laws such as the Foreign Intelligence Surveillance Act, which protected civilians from mass surveillance. In addition to this, President Bush also signed that the measures of mass surveillance were also retroactively in place.[218]
One such surveillance program, authorized by the U.S. Signals Intelligence Directive 18 of President George Bush, was the Highlander Project undertaken for the National Security Agency by the U.S. Army 513th Military Intelligence Brigade. NSA relayed telephone (including cell phone) conversations obtained from ground, airborne, and satellite monitoring stations to various U.S. Army Signal Intelligence Officers, including the 201st Military Intelligence Battalion. Conversations of citizens of the U.S. were intercepted, along with those of other nations.[220]
Proponents of the surveillance program claim that the President has executive authority to order such action, arguing that laws such as FISA are overridden by the President’s Constitutional powers. In addition, some argued that FISA was implicitly overridden by a subsequent statute, the Authorization for Use of Military Force, although the Supreme Court’s ruling in Hamdan v. Rumsfeld deprecates this view. In the August 2006 case ACLU v. NSA, U.S. District Court Judge Anna Diggs Taylor concluded that NSA’s warrantless surveillance program was both illegal and unconstitutional. On July 6, 2007 the 6th Circuit Court of Appeals vacated the decision on the grounds that the ACLU lacked standing to bring the suit.[221]
On January 17, 2006, the Center for Constitutional Rights filed a lawsuit, CCR v. Bush, against the George W. Bush Presidency. The lawsuit challenged the National Security Agency’s (NSA’s) surveillance of people within the U.S., including the interception of CCR emails without securing a warrant first.[222][223]
As a result of the USA Freedom Act passed by Congress in June 2015, the NSA had to shut down its bulk phone surveillance program on November 29 of the same year. The USA Freedom Act forbids the NSA to collect metadata and content of phone calls unless it has a warrant for terrorism investigation. In that case the agency has to ask the telecom companies for the record, which will only be kept for six months.
In May 2006, Mark Klein, a former AT&T employee, alleged that his company had cooperated with NSA in installing Narus hardware to replace the FBI Carnivore program, to monitor network communications including traffic between American citizens.[227]
Data mining
NSA was reported in 2008 to use its computing capability to analyze “transactional” data that it regularly acquires from other government agencies, which gather it under their own jurisdictional authorities. As part of this effort, NSA now monitors huge volumes of records of domestic email data, web addresses from Internet searches, bank transfers, credit-card transactions, travel records, and telephone data, according to current and former intelligence officials interviewed by The Wall Street Journal. The sender, recipient, and subject line of emails can be included, but the content of the messages or of phone calls are not.[228]
A 2013 advisory group for the Obama administration, seeking to reform NSA spying programs following the revelations of documents released by Edward J. Snowden.[229] mentioned in ‘Recommendation 30’ on page 37, “…that the National Security Council staff should manage an interagency process to review on a regular basis the activities of the US Government regarding attacks that exploit a previously unknown vulnerability in a computer application.” Retired cyber security expert Richard A. Clarke was a group member and stated on April 11 that NSA had no advance knowledge of Heartbleed.[230]
In August 2013 it was revealed that a 2005 IRS training document showed that NSA intelligence intercepts and wiretaps, both foreign and domestic, were being supplied to the Drug Enforcement Administration (DEA) and Internal Revenue Service (IRS) and were illegally used to launch criminal investigations of US citizens. Law enforcement agents were directed to conceal how the investigations began and recreate an apparently legal investigative trail by re-obtaining the same evidence by other means.[231][232]
Barack Obama administration
In the months leading to April 2009, the NSA intercepted the communications of American citizens, including a Congressman, although the Justice Department believed that the interception was unintentional. The Justice Department then took action to correct the issues and bring the program into compliance with existing laws.[233] United States Attorney General Eric Holder resumed the program according to his understanding of the Foreign Intelligence Surveillance Act amendment of 2008, without explaining what had occurred.[234]
Polls conducted in June 2013 found divided results among Americans regarding NSA’s secret data collection.[235]Rasmussen Reports found that 59% of Americans disapprove,[236]Gallup found that 53% disapprove,[237] and Pew found that 56% are in favor of NSA data collection.[238]
Section 215 metadata collection
On April 25, 2013, the NSA obtained a court order requiring Verizon‘s Business Network Services to provide metadata on all calls in its system to the NSA “on an ongoing daily basis” for a three-month period, as reported by The Guardian on June 6, 2013. This information includes “the numbers of both parties on a call … location data, call duration, unique identifiers, and the time and duration of all calls” but not “[t]he contents of the conversation itself”. The order relies on the so-called “business records” provision of the Patriot Act.[239][240]
In August 2013, following the Snowden leaks, new details about the NSA’s data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at “selected communications links” and automatically analyzed for keywords or other “selectors”. Emails that do not match are deleted.[241]
The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet like system to be ineffective. One such report, released by the New America Foundation concluded that after an analysis of 225 terrorism cases, the NSA “had no discernible impact on preventing acts of terrorism.”[242]
Defenders of the program say that while metadata alone can’t provide all the information necessary to prevent an attack, it assures the ability to “connect the dots”[243] between suspect foreign numbers and domestic numbers with a speed only the NSA’s software is capable of. One benefit of this is quickly being able to determine the difference between suspicious activity and real threats.[citation needed] As an example, NSA director General Keith Alexander mentioned at the annual Cybersecurity Summit in 2013, that metadata analysis of domestic phone call records after the Boston Marathon bombing helped determine that[clarification needed] another attack in New York was baseless.[243]
In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. As of 2015, the collection process remains legal and grounded in the ruling from Smith v. Maryland (1979). A prominent opponent of the data collection and its legality is U.S. District Judge Richard J. Leon, who issued a report in 2013[244] in which he stated: “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval…Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment”.
Under the PRISM program, which started in 2007,[245][246] NSA gathers Internet communications from foreign targets from nine major U.S. Internet-based communication service providers: Microsoft,[247]Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple. Data gathered include email, video and voice chat, videos, photos, VoIP chats such as Skype, and file transfers.
In June 2015, Wikileaks published documents, which showed that NSA spied on French companies.[248]
July 2015 – WikiLeaks: Espionage against German federal ministries[edit]
In July 2015, WikiLeaks published documents, which showed that NSA spied on federal German ministries since 1990s.[249][250] Even Germany’s Chancellor Angela Merkel‘s cellphones and phone of her predecessors had been intercepted.[251]
Claims of prevented terrorist attacks
Former NSA director General Keith Alexander claimed that in September 2009 the NSA prevented Najibullah Zazi and his friends from carrying out a terrorist attack.[252] However, this claim has been debunked and no evidence has been presented demonstrating that the NSA has ever been instrumental in preventing a terrorist attack.[253][254][255][256]
Besides the more traditional ways of eavesdropping in order to collect signals intelligence, NSA is also engaged in hacking computers, smartphones and their networks. These operations are conducted by the Tailored Access Operations (TAO) division.
NSA’s China hacking group
According to the Foreign Policy magazine, “… the Office of Tailored Access Operations, or TAO, has successfully penetrated Chinese computer and telecommunications systems for almost 15 years, generating some of the best and most reliable intelligence information about what is going on inside the People’s Republic of China.”[257][258]
Syrian internet blackout
In an interview with Wired magazine, Edward Snowden said the Tailored Access Operations division accidentally caused Syria‘s internet blackout in 2012.[259]
Suspected responsibility for hacking operations by the Equation Group[edit]
The espionage group named the Equation Group, described by discoverers Kaspersky Labs as one of the most advanced (if not the most advanced) in the world as of 2015,[260]:31 and connected to over 500 malware infections in at least 42 countries over many years, is suspected of being a part of NSA.[261][262] The group’s known espionage methods have been documented to include interdiction (interception of legitimate CDs sent by a scientific conference organizer by mail),[260]:15 and the “unprecedented” ability to infect and be transmitted through the hard drivefirmware of several of the major hard drive manufacturers, and create and use hidden disk areas and virtual disk systems for its purposes, a feat demanding access to the manufacturer’s source code of each to achieve.[260]:16–18 The methods used to deploy the tools demonstrated “surgical precision”, going so far as to exclude specific countries by IP and allow targeting of specific usernames on discussion forums.[260]:23–26 The techniques and knowledge used by the Equation Group are considered in summary to be “out of the reach of most advanced threat groups in the world except [this group].[260]:31
When my oldest son [Linus Torvalds] was asked the same question: “Has he been approached by the NSA about backdoors?” he said “No”, but at the same time he nodded. Then he was sort of in the legal free. He had given the right answer, [but] everybody understood that the NSA had approached him.
— Nils Torvalds, LIBE Committee Inquiry on Electronic Mass Surveillance of EU Citizens – 11th Hearing, 11 November 2013[265]
IBM Notes was the first widely adopted software product to use public key cryptography for client–server and server–server authentication and for encryption of data. Until US laws regulating encryption were changed in 2000, IBM and Lotus were prohibited from exporting versions of Notes that supported symmetric encryption keys that were longer than 40 bits. In 1997, Lotus negotiated an agreement with the NSA that allowed export of a version that supported stronger keys with 64 bits, but 24 of the bits were encrypted with a special key and included in the message to provide a “workload reduction factor” for the NSA. This strengthened the protection for users of Notes outside the US against private-sector industrial espionage, but not against spying by the US government.[266][267]
Boomerang routing
While it is assumed that foreign transmissions terminating in the U.S. (such as a non-U.S. citizen accessing a U.S. website) subject non-U.S. citizens to NSA surveillance, recent research into boomerang routing has raised new concerns about the NSA’s ability to surveil the domestic Internet traffic of foreign countries.[18] Boomerang routing occurs when an Internet transmission that originates and terminates in a single country transits another. Research at the University of Toronto has suggested that approximately 25% of Canadian domestic traffic may be subject to NSA surveillance activities as a result of the boomerang routing of Canadian Internet service providers.[18]
Hardware implanting
Intercepted packages are opened carefully by NSA employees
A “load station” implanting a beacon
A document included in NSA files released with Glenn Greenwald‘s book No Place to Hide details how the agency’s Tailored Access Operations (TAO) and other NSA units gain access to hardware. They intercept routers, servers and other network hardware being shipped to organizations targeted for surveillance and install covert implant firmware onto them before they are delivered. This was described by an NSA manager as “some of the most productive operations in TAO because they preposition access points into hard target networks around the world.”[268]
Computers seized by the NSA due to interdiction are often modified with a physical device known as Cottonmouth.[269]Cottonmouth is a device that can be inserted in the USB port of a computer in order to establish remote access to the targeted machine. According to NSA’s Tailored Access Operations (TAO) group implant catalog, after implanting Cottonmouth, the NSA can establish Bridging (networking) “that allows the NSA to load exploit software onto modified computers as well as allowing the NSA to relay commands and data between hardware and software implants.”[270]
Role in scientific research and development[
NSA has been involved in debates about public policy, both indirectly as a behind-the-scenes adviser to other departments, and directly during and after Vice Admiral Bobby Ray Inman‘s directorship. NSA was a major player in the debates of the 1990s regarding the export of cryptography in the United States. Restrictions on export were reduced but not eliminated in 1996.
Its secure government communications work has involved the NSA in numerous technology areas, including the design of specialized communications hardware and software, production of dedicated semiconductors (at the Ft. Meade chip fabrication plant), and advanced cryptography research. For 50 years, NSA designed and built most of its computer equipment in-house, but from the 1990s until about 2003 (when the U.S. Congress curtailed the practice), the agency contracted with the private sector in the fields of research and equipment.[271]
NSA was embroiled in some minor controversy concerning its involvement in the creation of the Data Encryption Standard (DES), a standard and public block cipheralgorithm used by the U.S. government and banking community. During the development of DES by IBM in the 1970s, NSA recommended changes to some details of the design. There was suspicion that these changes had weakened the algorithm sufficiently to enable the agency to eavesdrop if required, including speculation that a critical component—the so-called S-boxes—had been altered to insert a “backdoor” and that the reduction in key length might have made it feasible for NSA to discover DES keys using massive computing power. It has since been observed that the S-boxes in DES are particularly resilient against differential cryptanalysis, a technique which was not publicly discovered until the late 1980s, but which was known to the IBM DES team.
The United States Senate Select Committee on Intelligence reviewed NSA’s involvement, and concluded that while the agency had provided some assistance, it had not tampered with the design.[272][273] In late 2009 NSA declassified information stating that “NSA worked closely with IBM to strengthen the algorithm against all except brute force attacks and to strengthen substitution tables, called S-boxes. Conversely, NSA tried to convince IBM to reduce the length of the key from 64 to 48 bits. Ultimately they compromised on a 56-bit key.”[274][275]
The involvement of NSA in the selection of a successor to Data Encryption Standard (DES), the Advanced Encryption Standard (AES), was limited to hardware performance testing (see AES competition).[276] NSA has subsequently certified AES for protection of classified information (for at most two levels, e.g. SECRET information in an unclassified environment[clarification needed]) when used in NSA-approved systems.[277]
The NSA has specified Suite A and Suite B cryptographic algorithm suites to be used in U.S. government systems; the Suite B algorithms are a subset of those previously specified by NIST and are expected to serve for most information protection purposes, while the Suite A algorithms are secret and are intended for especially high levels of protection.[277]
SHA
The widely used SHA-1 and SHA-2 hash functions were designed by NSA. SHA-1 is a slight modification of the weaker SHA-0 algorithm, also designed by NSA in 1993. This small modification was suggested by NSA two years later, with no justification other than the fact that it provides additional security. An attack for SHA-0 that does not apply to the revised algorithm was indeed found between 1998 and 2005 by academic cryptographers. Because of weaknesses and key length restrictions in SHA-1, NIST deprecates its use for digital signatures, and approves only the newer SHA-2 algorithms for such applications from 2013 on.[287]
A new hash standard, SHA-3, has recently been selected through the competition concluded October 2, 2012 with the selection of Keccak as the algorithm. The process to select SHA-3 was similar to the one held in choosing the AES, but some doubts have been cast over it,[288][289] since fundamental modifications have been made to Keccak in order to turn it into a standard.[290] These changes potentially undermine the cryptanalysis performed during the competition and reduce the security levels of the algorithm.[288]
NSA promoted the inclusion of a random number generator called Dual_EC_DRBG in the U.S. National Institute of Standards and Technology‘s 2007 guidelines. This led to speculation of a backdoor which would allow NSA access to data encrypted by systems using that pseudo random number generator.[291]
This is now deemed to be plausible based on the fact that the output of the next iterations of the PRNG can provably be determined if the relation between two internal elliptic curve points is known.[292][293] Both NIST and RSA are now officially recommending against the use of this PRNG.[294][295]
Because of concerns that widespread use of strong cryptography would hamper government use of wiretaps, NSA proposed the concept of key escrow in 1993 and introduced the Clipper chip that would offer stronger protection than DES but would allow access to encrypted data by authorized law enforcement officials.[296] The proposal was strongly opposed and key escrow requirements ultimately went nowhere.[297] However, NSA’s Fortezza hardware-based encryption cards, created for the Clipper project, are still used within government, and NSA ultimately declassified and published the design of the Skipjack cipher used on the cards.[298][299]
Perfect Citizen is a program to perform vulnerability assessment by the NSA on U.S. critical infrastructure.[300][301] It was originally reported to be a program to develop a system of sensors to detect cyber attacks on critical infrastructure computer networks in both the private and public sector through a network monitoring system named Einstein.[302][303] It is funded by the Comprehensive National Cybersecurity Initiative and thus far Raytheon has received a contract for up to $100 million for the initial stage.
Academic research
NSA has invested many millions of dollars in academic research under grant code prefix MDA904, resulting in over 3,000 papers (as of 2007-10-11). NSA/CSS has, at times, attempted to restrict the publication of academic research into cryptography; for example, the Khufu and Khafre block ciphers were voluntarily withheld in response to an NSA request to do so. In response to a FOIA lawsuit, in 2013 the NSA released the 643-page research paper titled, “Untangling the Web: A Guide to Internet Research,[304] ” written and compiled by NSA employees to assist other NSA workers in searching for information of interest to the agency on the public Internet.[305]
Patents
NSA has the ability to file for a patent from the U.S. Patent and Trademark Office under gag order. Unlike normal patents, these are not revealed to the public and do not expire. However, if the Patent Office receives an application for an identical patent from a third party, they will reveal NSA’s patent and officially grant it to NSA for the full term on that date.[306]
One of NSA’s published patents describes a method of geographically locating an individual computer site in an Internet-like network, based on the latency of multiple network connections.[307] Although no public patent exists, NSA is reported to have used a similar locating technology called trilateralization that allows real-time tracking of an individual’s location, including altitude from ground level, using data obtained from cellphone towers.[308]
Excerpt of James Clapper‘s false testimony to Congress on NSA surveillance programs
In the United States, at least since 2001,[309] there has been legal controversy over what signal intelligence can be used for and how much freedom the National Security Agency has to use signal intelligence.[310] The government has made, in 2015, slight changes in how it uses and collects certain types of data,[311] specifically phone records. President Barack Obama has asked lawyers and his national security team to look at the tactics that are being used by the NSA. President Obama made a speech on January 17, 2014 where he defended the national security measures, including the NSA, and their intentions for keeping the country safe through surveillance. He said that it is difficult to determine where the line should be drawn between what is too much surveillance and how much is needed for national security because technology is ever changing and evolving. Therefore, the laws cannot keep up with the rapid advancements.
President Obama did make some changes to national security regulations and how much data can be collected and surveyed.[citation needed] The first thing he added, was more presidential directive and oversight so that privacy and basic rights are not violated. The president would look over requests on behalf of American citizens to make sure that their personal privacy is not violated by the data that is being requested. Secondly, surveillance tactics and procedures are becoming more public, including over 40 rulings of the FISC that have been declassified.[citation needed] Thirdly, further protections are being placed on activities that are justified under Section 702, such as the ability to retain, search and use data collected in investigations, which allows the NSA to monitor and intercept interaction of targets overseas. Finally, national security letters, which are secret requests for information that the FBI uses in their investigations, are becoming less secretive. The secrecy of the information requested will not be indefinite and will terminate after a set time if future secrecy is not required.[citation needed] Concerning the bulk surveillance of American’s phone records, President Obama also ordered a transition from bulk surveillance under Section 215 to a new policy that will eliminate unnecessary bulk collection of metadata.
As of May 7, 2015, the U.S. Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans’ phone records in bulk is illegal.[312] It stated that Section 215 cannot be clearly interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling “is the first time a higher-level court in the regular judicial system has reviewed the N.S.A. phone records program.” [313] The new bill getting passed later in May taking its place is known as the U.S.A. Freedom Act, which will enable the NSA to continue hunting for terrorists by analyzing telephone links between callers but “keep the bulk phone records in the hands of phone companies.”[313] This would give phone companies the freedom to dispose the records in an 18-month period. The White House argued that this new ruling validated President Obama’s support of the government being extracted from bulk data collection and giving power to the telecommunications companies.
Previously, the NSA paid billions of dollars to telecommunications companies in order to collect data from them.[314] While companies such as Google and Yahoo! claim that they do not provide “direct access” from their servers to the NSA unless under a court order,[315] the NSA had access to emails, phone calls and cellular data users.[316] With this new ruling, telecommunications companies would not provide the NSA with bulk information. The companies would allow the disposal of data in every 18 months,[313] which is arguably putting the telecommunications companies at a higher advantage.
This ruling made the collecting of phone records illegal, but it did not rule on Section 215’s constitutionality. Senate Majority Leader Mitch McConnell has already put forth a new bill to re-authorize the Patriot Act.[317] Defenders of this surveillance program are claiming that judges who sit on the Foreign Intelligence Surveillance Court (FISC) had ruled 37 times that this kind of collection of data is, in fact, lawful.[317] The FISC is the court specifically mandated to grant surveillance orders in the name of foreign intelligence. The new ruling made by the Second District Court of Appeals now retroactively dismisses the findings of the FISC on this program.
Story 1: When Will Obama and Kerry Walk Like Men Out Of Negotiations With The World Leading Terrorist Nation The Islamic Republic of Iran? Never! — Yakety Yak– Where Is The Written Signed Agreement/Treaty Stopping Iran From Having Nuclear Weapons President Obama? — Time To Release Some Massive Ordnance Penetrators (MOPs) — Bunker Busters on Iran’s Nuclear Bomb Factories — Bombs Away — Videos
Divine – Walk Like A Man (1985) HQ
Walk Like a Man – The Four Seasons
“Walk Like A Man”
oo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
Walk like a manOh how you tried
To cut me down to size
by telling dirty lies to my friends
But my own father
Said give her up, don’t bother
The world isn’t coming to an endHe said walk like a man
Talk like a man
Walk like a man my son
No woman’s worth
Crawling on the earth
So walk like a man my sonoo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-ooFine eyed baby
I don’t mean maybe
We’re gonna get along somehow
Soon you’ll be crying
On ‘count of all you’re lying
Oh yeah, just look who’s laughing nowI’m gonna walk like a man
Fast as I can
Walk like a man from you
I’ll tell the world
Forget about it girl
And walk like a man from youoo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
Walk Like a Man Frankie Valli & The Four Seasons Lyrics
July 2015 Breaking News USA ready to attack Iranian nuclear facilities with awe-inspiring plan B
30,000 Pound Bunker Buster Bomb designed to detour Iran Nuclear Threat
As negotiations with Iran continue towards a nuclear arms agreement, the United States still holds a trump card. The 30,000 Pound Boeing GBU-57 Bunker Buster bomb, the largest non-nuclear weapon in U.S. inventory, designed to destroy nuclear weapons bunkers in Iran and North Korea. The bunker buster, known as the Massive Ordnance Penetrator (MOP), is 30,000 pounds (13,608 kg.) and has been improved with “adjusted fuses to maximize its burrowing power, upgraded guidance systems to improve its precision and hi-tech equipment intended to allow it to evade Iranian air defenses in order to reach and destroy the Fordow nuclear enrichment complex.”
“Hopefully we never have to use it, but if we had to, it would work.”
The existence of a bomb that has the capability of destroying the underground facility from the air could also give the West extra bargaining power in nuclear negotiations with the Iran.
US officials believe the improved MOP will serve to convince Israel to hold off on unilaterally attacking Iran and give Washington more time to diplomatically neutralize the Iranian nuclear threat.
US military chiefs openly admitted the weapon was built to attack the fortified nuclear facilities of “rogue states” such as Iran and North Korea. Although the Pentagon insists that it is not aimed at a specific threat, unnamed officials within the ministry have repeatedly claimed the bomb is being tailor-made to disable Iranian nuclear facilities at Fordo.
Vienna talks on Iran nuclear deal will continue over weekend
U.S.’s Kerry says not in rush to get Iran nuclear deal
Iran Nuclear Deal Deadlocked Over Arms
Weapons of War: Pentagon Upgrades Biggest ‘Bunker Buster’ Bomb
Bunkers & Bunker Busting Bombs
MOP Massive Ordnance Penetrator GBU-57A-B Penetrator bunker buster bomb Iran United States
World War 3 Pentagon unveils 30,000 pound M O P Bunker Buster Bomb against Iran May 03, 2013
Boeing Delivers Massive Ordnance Penetrator (MOP) 37,000 LB Bombs To The USAF – GBU-57
Israel Air Force Refuels Mid-air
Only on AP: US Tankers Refuel for IS Fight
WATCH OUT IRAN Israeli Air Force unveils Refueling aircraft for possible Airstrike
Israel To Buy 25 More F-35 Lockheed Stealth Fighters: Sources
December 2014 Breaking News USA F35 Israel to buy second squadron of stealth F35 jets
News Wrap: As deadline looms, Kerry says Iran nuclear talks not ‘open-ended’
Frankie Valli & The Four Seasons In Concert Live
Frankie Valli And 4 Seasons Live on Ice 2008
The Coasters – Yakety Yak – ORIGINAL MONO VERSION
Yakety Yak – The Coasters with lyrics
Where Have all the Flowers Gone: Eve of Destruction
Iran Made Illegal Purchases of Nuclear Weapons Technology Last Month
The question is not whether Iran can be trusted to uphold the nuclear deal now being negotiated in Vienna (it can’t), but whether the Obama administration and its P5+1 partners can be trusted to punish Iran when it violates the agreement?
Experience shows that unless Iran violates the deal egregiously, the temptation will be to ignore it. For instance, Iran got away with selling more oil than it should have under the interim agreement. More ominously, Tehran repeatedly pushed the envelope on technical aspects of the agreement—such as caps on its uranium stockpile—and got away with it. The Obama administration and other Western powers have so much invested in their diplomatic efforts that they’ll deny such violations ever occurred.
More evidence of Iranian violations has now surfaced. Two reports regarding Iran’s attempts to illicitly and clandestinely procure technology for its nuclear and ballistic missile programs have recently been published. They show that Iran’s procurement continues apace, if not faster than before the Joint Plan of Action was signed in November 2013. But fear of potentially embarrassing negotiators and derailing negotiations has made some states reluctant to report Tehran’s illegal efforts. If these countries have hesitated to expose Iran during the negotiations, it is more likely they will refrain from reporting after a deal is struck.
The first report was released last month by the U.N. panel of experts in charge of reporting compliance with U.N. Security Council resolutions regarding Iran. The panel noted that U.N. member states had not reported significant violations of U.N. sanctions and speculated as to why: either Iran was complying, or countries did not wish to interfere with negotiations.
Paddle, pedal, jog or Segway through North America’s largest urban parkland—Edmonton’s river valley.
The second report, released last week by Germany’s domestic intelligence agency, is less ambiguous. The agency, the Federal Office for the Protection of the Constitution, confirmed to us that Iran continues to seek illicit technology for its nuclear and ballistic missiles programs.
Iran has had a long history of trying to obtain nuclear technology from German companies, particularly by seeking ways to transport merchandise in circumvention of international sanctions. Since November 2013, Tehran has sought industry computers, high-speed cameras, cable fiber, and pumps for its nuclear and missile program. It appears that Iran’s readiness to negotiate does not reflect any substantive policy change. Rather, it is a diplomatic tactic retreat forced by economic distress, not a strategic rethinking of its priorities.
Iran’s cheating should give Western negotiators additional resolve to impose ironclad guarantees in the agreement. They should compel Iran to reveal its past activities, including its post-JPOA procurement efforts, and impose tough, intrusive, “anytime, anywhere” inspections before sanctions are suspended, let alone lifted.
Instead, the lack of reporting to the U.N. despite evidence of cheating suggests a lack of resolve on the part of Western nations, and their willingness to downplay all but the most egregious violations. This does not bode well for the future. If Western powers are reluctant to penalize Iran for trying to evade sanctions because they’re afraid of spoiling the negotiations, what will happen in the future when Western powers have even more invested in preserving an agreement?
Emanuele Ottolenghi is a senior fellow at the Foundation for Defense of Democracies, where Benjamin Weinthal is a research fellow.
In 2002, Northrop Grumman and Lockheed Martin were working on the development of a 30,000-lb (13,600 kg) earth-penetrating weapon, said to be known as “Big BLU“. But funding and technical difficulties resulted in the development work being abandoned. Following the 2003 invasion of Iraq, analysis of sites that had been attacked with bunker-buster bombs revealed poor penetration and inadequate levels of destruction.[citation needed]This renewed interest in the development of a super-large bunker-buster, and the MOP project was initiated by the Defense Threat Reduction Agency to fulfill a long-standing Air Force requirement.[3]
The U.S. Air Force has not officially recognized specific military requirement for an ultra-large bomb, but it does have a concept for a collection of massively sized penetrator and blast weapons, the so-called “Big BLU” collection, which includes the MOAB (Massive Ordnance Air Burst) bomb. Development of the MOP was performed at the Air Force Research Laboratory, Munitions Directorate, Eglin Air Force Base, Florida with design and testing work performed by Boeing. It is intended that the bomb will be deployed on the B-2 bomber, and will be guided by the use of GPS.[4][5]
Northrop Grumman announced a $2.5-million stealth-bomber refit contract on 19 July 2007. Each of the U.S. Air Force’s B-2s is to be able to carry two 14-ton MOPs.[6][7]
On 6 October 2009, ABC News reported that the Pentagon had requested and obtained permission from the U.S. Congress to shift funding in order to accelerate the project.[8][9] It was later announced by the U.S. military that “funding delays and enhancements to the planned test schedule” meant the bomb would not be deployable until December 2010, six months later than the original availability date.[10]
The project has had at least one successful Flight Test MOP launch.[11] The final testing will be completed in 2012.[3]
The Air Force took delivery of 20 bombs, designed to be delivered by the B-2 bomber, in September 2011. In February 2012, Congress approved $81.6 million to further develop and improve the weapon.[12]
Recent development
On 7 April 2011, the USAF ordered eight MOPs plus supporting equipment for $28 million.[13]
On 14 November 2011, Bloomberg reported that the Air Force Global Strike Command started receiving the Massive Ordnance Penetrator and that the deliveries “will meet requirements for the current operational need”.[14] The Air Force now has received delivery of 16 MOPs as of November 2011.[15] And as of March 2012, there is an “operational stockpile” at Whiteman Air Force Base.[16]
In 2012, the Pentagon requested $82 million to develop greater penetration power for the existing weapon.[1] A 2013 report stated that the development had been a success,[17] and B-2 integration testing began that year.[18]
MOP being offloaded in preparation for its first explosive test, 2007.
Mock up of MOP inside a bomb bay of a B-2 simulator, 2007.[6]
B-52 releases a MOP during a weapons test, 2009.
Next-generation Penetrator Munition
On 25 June 2010, USAF Lt. Gen. Phillip Breedlove said that the Next-generation Penetrator Munition should be about a third the size of the Massive Ordnance Penetrator so it could be carried by affordable aircraft.[19] In December 2010, the USAF had a Broad Agency Announcement (BAA) for the Next Generation Penetrator (NGP).[20]
Global Strike Command has indicated that one of the objectives for the Next-Generation Bomber is for it to carry a weapon with the effects of the Massive Ordnance Penetrator. This would either be with the same weapon or a smaller weapon that uses rocket power to reach sufficient speed to match the penetrating power of the larger weapon.[21]
One of the current limitations of the MOP is that it lacks a void-sensing fuze and will therefore detonate after it has come to a stop, even if it passed by the target area.[22]
Iran Agrees to Nuclear Limits, But Key Issues Are Unresolved
Iran and European nations say they have reached an understanding about next steps, but key issues need to be resolved before a final agreement by June 30.
According to European officials, roughly 5,000 centrifuges will remain spinning enriched uranium at Natanz, about half the number currently running. The underground enrichment site at Fordo — which Israeli and some American officials fear is impervious to bombing — will be partly converted to advanced nuclear research and the production of medical isotopes.
A major reactor at Arak, which officials fear could produce plutonium, will operate on a limited basis that will not provide enough fuel for a bomb.
In return the European Union and the United States will begin to lift sanctions, as Iran complies.
Kerry Announces Extension to Iran Talks Video by Reuters/ Photo by Roland Schlager/European Pressphoto Agency
U.S. and Allies Extend Iran Nuclear Talks by 7 Months
A yearlong effort to reach an enduring accord with Iran to dismantle large parts of its nuclear infrastructure fell short, forcing the United States and its allies to declare a seven-month extension, but with no clear indication of how they plan to bridge fundamental differences.
The Iranian foreign minister, Mohammad Javad Zarif, left, Catherine Ashton, who is representing the European Union, and Secretary of State John Kerry in Vienna. Leonhard Foeger/Reuters
Negotiators Scrambling as Deadline Looms in Nuclear Talks
As six world powers and Iran race to meet a Monday deadline for an agreement that would constrain Iran’s nuclear program, the United States stakes out an ambitious goal for what an accord should accomplish.
American officials say the agreement should slow the Iranian nuclear program enough that it would take Iran at least a year to make enough material for a nuclear bomb if it decided to ignore the accord.
It has become increasingly unlikely that any accord announced on Monday would be a complete one. And whatever deal is reached, it may not matter if Iranian hard-liners have their way. In Iran, the final decision on a nuclear deal lies with Ayatollah Ali Khamenei, the supreme leader.
Under a proposed deal, Russia will convert uranium into specialized fuel rods for Iran’s Bushehr nuclear power plant.Majid Asgaripour/Agence France-Presse — Getty Images
Role for Russia Gives Iran Talks a Possible Boost
Iran tentatively agrees to ship much of its huge stockpile of uranium to Russia for conversion into specialized fuel rods for the Bushehr nuclear power plant, Iran’s only commercial reactor. The agreement is potentially a major breakthrough in talks that have until now been deadlocked.
A key question remains about the negotiations that American officials have been loath to discuss in public: In a final deal, would Iran be required to publicly admit its past activities, or merely provide a mechanism for monitoring its actions in the future?
Iran’s nuclear reactor in Arak, about 150 miles southwest of Tehran, is being redesigned.Hamid Foroutan/Iranian Students News Agency, via Associated Press
Iran Altering Arak Reactor in Bid for Nuclear Deal
Atomic power engineers in Iran start redesigning a partly constructed reactor in Arak to limit the amount of plutonium it produces, Ali Akbar Salehi, the director of the Atomic Energy Organization of Iran, says, expressing hope that the change will help alleviate Western objections that the plutonium can be used in weapons.
Iran, the United States and the five other countries agree to a four-month extension of the negotiations, giving them more time to try to bridge a major difference over whether the country will be forced to dismantle parts of its nuclear infrastructure, according to senior Western diplomats involved in the talks.
Iran’s foreign minister, Mohammad Javad Zarif, accuses the West of trying to sabotage a reactor being built near Arak.Atta Kenare/Agence France-Presse — Getty Images
Iran Outlines Nuclear Deal; Accepts Limit
As the deadline for the talks approaches on Sunday, Iran’s foreign minister, Mohammad Javad Zarif, says the country could accept a freeze on its capacity to produce nuclear fuel at current levels for several years, provided it could eventually produce fuel unhindered.
The proposal will effectively extend a limited series of concessions Iran made last November as part of a temporary deal to get negotiations started on a permanent accord. In return, Iran wants step-by-step relief from sanctions that have substantially weakened its economy.
Iran Is Providing Information on Its Detonators, Report Says
The I.A.E.A. releases a report stating that Iran is beginning to turn over information related to its nuclear detonators. The agency says that Iran has provided “additional information and explanations,” including documents, to substantiate its claim that it had tested the detonators for “a civilian application.”
From left, Foreign Ministers Laurent Fabius of France and William Hague of Britain, and Secretary of State John Kerry with Foreign Minister Nasser Judeh of Jordan, in Paris. Thierry Chesnot/Getty Images
Negotiators Put Final Touches on Iran Accord
Iran and a group of six world powers complete a deal that will temporarily freeze much of Tehran’s nuclear program starting Jan. 20, in exchange for limited relief from Western economic sanctions.
The agreement faced opposition from Iranian hard-liners and Israeli leaders, as well as heavy criticism from some American lawmakers, who have threatened to approve further sanctions despite President Obama’s promise of a veto.
The negotiators in Geneva early Sunday morning. President Obama hailed the agreement. Denis Balibouse/Reuters
Deal With Iran Halts Nuclear Program
The United States and five other world powers announce a landmark accord that would temporarily freeze Iran’s nuclear program and lay the foundation for a more sweeping agreement.
The aim of the accord, which is to last six months, is to give international negotiators time to pursue a more comprehensive accord that would ratchet back much of Iran’s nuclear program and ensure that it could only be used for peaceful purposes.
I.A.E.A. inspectors release a report stating that for the first time in years, they saw evidence that the Iranians have put the brakes on their nuclear expansion.
President Obama makes an appeal to Congress to give breathing space to his efforts to forge a nuclear deal with Iran.
Iran is in a much different position now to negotiate on its nuclear program than it was four years ago when President Obama first broached the subject.
Iran Says It Agrees to ‘Road Map’ With U.N. on Nuclear Inspections
The I.A.E.A. says that Iran has agreed to resolve all outstanding issues with the agency, and will permit “managed access” by international inspectors to two key nuclear facilities. But the promise does not extend to the Parchin military site, which inspectors have been trying to see for months.
Marathon talks between major powers and Iran fail to ease sanctions on the country and produce a deal to freeze its nuclear program.
Iran and a group of six world powers say that they have engaged in “substantive” and “forward-looking” discussions on the disputed Iranian nuclear program and that they will reconvene on November 7.
The account of the two days of talks in Geneva came in a rare joint statement from Iran’s foreign minister, Mohammad Javad Zarif, and Catherine Ashton, the foreign policy chief for the European Union, who is the lead negotiator with Iran.
President Obama says he has spoken by phone with President Hassan Rouhani, the first direct contact between the leaders of Iran and the United States since 1979. Mr. Obama, speaking in the White House briefing room, said the two leaders discussed Iran’s nuclear program and said he was persuaded there was a basis for an agreement.
Moments before Mr. Obama’s announcement, Mr. Rouhani’s Twitter account posted this now-deleted message: “In a phone conversation b/w #Iranian & #US Presidents just now: @HassanRouhani: “Have a Nice Day!” @BarackObama: “Thank you. Khodahafez.”
Rouhani, Blunt and Charming, Pitches a Moderate Iran in First U.N. Appearance
Iran’s new president, Hassan Rouhani, turns himself into a high-speed salesman offering a flurry of speeches, tweets, televised interviews and carefully curated private meetings, intended to end Iran’s economic isolation.
At the United Nations General Assembly, he preaches tolerance and understanding, decries as a form of violence the Western sanctions imposed on his country and says nuclear weapons have no place in its future. He takes aim at Israel’s nuclear arsenal in a public – while the country’s leaders caution over what they deem as an empty charm offensive.
Hassan Rouhani, Iran’s new leader, received a private letter from President Obama about easing tensions between the countries.Vahid Salemi/Associated Press
Iran Said to Seek a Nuclear Accord to End Sanctions
Seizing on a perceived flexibility in a letter from President Obama to President Hassan Rouhani, Iran’s leaders are focused on getting quick relief from crippling sanctions, a top adviser to the Iranian leadership says.
The adviser says that Mr. Obama’s letter, delivered about three weeks ago, promised relief from sanctions if Tehran demonstrated a willingness to “cooperate with the international community, keep your commitments and remove ambiguities.”
Iran Slows Its Gathering of Enriched Uranium, Report Says
I.A.E.A. inspectors say that Iran is slowing its accumulation of enriched uranium that can be quickly turned into fuel for an atomic bomb. The report’s disclosure is significant politically because it delays the day when Iran could breach what Prime Minister Benjamin Netanyahu of Israel last fall called a “red line” beyond which Iran would not be allowed to pass — the point at which it has enough purified uranium to quickly make a single nuclear weapon.
Hassan Rouhani, a moderate, has been elected the next president of Iran.
Iran Elects New President
Voters overwhelmingly elect Hassan Rouhani, 64, a mild-mannered cleric who advocates greater personal freedoms and a more conciliatory approach to the world.
The diplomat sheik played a key role in Iran’s voluntary suspension of uranium enrichment in 2004, which Western powers responded to by asking for more concessions from Iran.
Mr. Rouhani replaces his predecessors’ foreign minister with Mohammad Javad Zarif, an American-educated diplomat known for his understanding of the West, and makes him responsible for negotiations over Iran’s nuclear program. Mr. Rouhani also removes a hard-line nuclear scientists as head of Iran’s Atomic Energy Organization, and replaces him with the former foreign minister, Ali Akbar Salehi. In September, Iran’s longtime ambassador to the International Atomic Energy Agency will be replaced as well.
The Obama administration escalates sanctions against Iran for the fourth time in a week, blacklisting what it describes as a global network of front companies controlled by Iran’s top leaders, accusing them of hiding assets and generating billions of dollars worth of revenue to help Tehran evade sanctions.
The White House also accuses Ayatollah Ali Khamenei of personally directing an effort to bypass them.
The United States also blacklists Iranian petrochemical companies, its automotive industry and more than 50 Iranian officials, and threatens to sanction foreign banks that trade or hold Iran’s national currency, the rial.
The I.A.E.A. says Iran has made significant progress across the board in its nuclear program, while negotiations with the West dragged on this spring. But it said that it has not gone past the “red line” that Israel’s leaders have declared could trigger military action.
In its last report before the Iranian elections next month, the agency also gives details that point to an emerging production strategy by the Iranians. One strategy involves speeding ahead with another potential route to a bomb: producing plutonium. The report indicates that Iran is making significant progress at its Arak complex, where it has built a heavy-water facility and is expected to have a reactor running by the end of next year.
The United States expands its roster of those violating Iran sanctions, blacklisting four Iranian companies and one individual suspected of helping the country enrich nuclear fuel. It also singles out two other companies, including a Venezuelan-Iranian bank, accused of helping Iran evade other Western-imposed prohibitions on oil sales and financial dealings.
The penalties came a day after the Senate introduced legislation that could effectively deny the Iran government access to an estimated $100 billion worth of its own money parked in overseas banks, a step that proponents said could significantly damage Iran’s financial stability.
Iranians rush to supermarkets to buy cooking oil, red meat and other staples, stockpiling the goods over new fears of price spikes from a change in the official exchange rate that could severely reduce the already weakened purchasing power of the rial, the national currency.
Prices of staples are set to increase by as much as 60 percent because of the currency change.
Economists say the result is from a combination of severe Western sanctions and what many call the government’s economic mismanagement.
Chuck Hagel at the Pentagon. Next week he will travel to the Middle East to finalize the arms sale.Brendan Smialowski/Agence France-Presse — Getty Images
U.S. Arms Deal With Israel and 2 Arab Nations Is Near
The Defense Department is expecting to finalize a $10 billion arms deal with Israel, Saudi Arabia and the United Arab Emirates next week that will provide missiles, warplanes and troop transports to help them counter any future threat from Iran.
Israeli Officials Stress Readiness for Lone Strike on Iran
In an interview with the BBC, Prime Minister Benjamin Netanyahu spoke of dealing with the Iranian nuclear threat, saying Israel has “different vulnerabilities and different capabilities” than the United States. “We have to make our own calculations, when we lose the capacity to defend ourselves by ourselves.”
Israeli defense and military officials have been issuing explicit warnings this week that Israel was prepared and had the capability to carry out a lone military strike against Iran’s nuclear facilities.
US Blacklists an Iranian and Businesses Over Violation of Sanctions
The United States blacklists an affluent Iranian business executive, Babak Morteza Zanjani, and what it describes as his multibillion-dollar money laundering network, accusing them of selling oil for Iran in violation of the Western economic sanctions imposed over Iran’s disputed nuclear program.
On March 14, The Treasury Department, which administers the government’s Iran sanctions, blacklisted a Greek shipping tycoon, Dimitris Cambis, over what it called his scheme to acquire a fleet of oil tankers on Iran’s behalf and disguise their ownership to ship Iranian oil.
Family members of slain nuclear scientists stood with Fereydoun Abbasi-Davani, far right, a nuclear official. Arash Khamoushi/Iranian Students News Agency, ISNA, via Associated Press
After Talks End, Iran Announces an Expansion of Nuclear Fuel Production
Iran’s president announces an expansion of the country’s uranium production and claims other atomic energy advances, striking a pugnacious tone in the aftermath of diplomatic talks thatended in an impasse with the big powers on April 6 in Kazakhstan.
A look, provided by the United States Navy, at how its laser attack weapon works. The video is silent.
Navy Deploying Laser Weapon Prototype Near Iran
The U.S. announces that the Navy will deploy a laser weapon prototype in the Persian Gulf, where Iranian fast-attack boats have harassed American warships and where the government in Tehran is building remotely piloted aircraft carrying surveillance pods and, someday potentially, rockets.
The laser will not be operational until next year. It has been shown in tests to disable patrol boats and blind or destroy surveillance drones.
President Obama traveled to Israel on March 20, in a symbolic two-day visit to the country, the first of his presidency.
Iran Nuclear Weapon to Take Year or More, Obama Says
President Obama tells an Israeli television station that his administration believes it would take Iran “over a year or so” to develop a nuclear weapon.
Mr. Obama’s estimated timeline contrasts with Mr. Netanyahu’s stated belief that Israel and its Western allies are likely to have to intervene by the spring or summer, when, he says, Iran’s scientists will have enriched enough uranium to become a nuclear threat.
Iran meets with the United States, Russia, China, Britain, France and Germany in Kazakhstan, but talks end with no specific agreement over a proposal that would sharply constrain Iran’s stockpile of the most dangerous enriched uranium, in return for a modest lifting of some sanctions.
The six powers also agreed that Iran could keep a small amount of 20 percent enriched uranium — which can be converted to bomb grade with modest additional processing — for use in a reactor to produce medical isotopes.
Iranian oil sales have been reduced by half as a result of the international pressure on the country, and restrictions on financial transactions and transportation have created many difficulties for its leaders.
The state news agency IRNA quotes a report by the Atomic Energy Organization of Iran, saying that it had found significant new deposits of raw uranium and identified sites for 16 more nuclear power stations.
Iran’s raw uranium reserves now total around 4,400 tons, including discoveries over the past 18 months, IRNA quoted the report as saying.
A few weeks earlier, Ayatollah Khamenei said that his country was not seeking nuclear weapons but added that if Iran ever decided to build them, no “global power” could stop it.
Speaking to air force commanders in Tehran on Feb. 6, Ayatollah Khamenei said Iran “will not negotiate under pressure.” Khamenei Official Web site, via European Pressphoto Agency
U.S. Bolsters Sanctions
A new round of American sanctions take effect which state that any country that buys Iranian oil must put the purchase money into a local bank account. Iran cannot repatriate the money and can use it only to buy goods within that country. Violators risk severe penalties in doing business with the United States. Oil exports from Iran have already dropped by a million barrels a day.
A week earlier, Iran announces that it would deploy a new generation of centrifuges, four to six times as powerful as the current generation.
Most of that decline comes in a frenzy of speculative selling by Iranians worried that rapid inflation could render their money worthless. The government responds with a crackdown in which some money traders are arrested.
The depressed value of the rial forces Iranians to carry ever-fatter wads of bank notes to buy everyday items. But the sanctions also present a new complication to Iran’s banking authorities: they may not be able to print enough money.
Meanwhile, the European Union toughens sanctions against Iran, banning trade in industries like finance, metals and natural gas, and making other business transactions far more cumbersome.
Prime Minister Benjamin Netanyahu at the United Nations, displaying his red line for Iran’s nuclear program. Chang W. Lee/The New York Times
Israel’s ‘Red Line’
Prime Minister Benjamin Netanyahu of Israel tells the United Nations that Iran’s capability to enrich uranium must be stopped before the spring or early summer, arguing that by that time Iran will be in a position to make a short, perhaps undetectable, sprint to manufacture its first nuclear weapon.
The United Nations atomic agency reports that Iran has installed three-quarters of the nuclear centrifuges needed to complete a deep-underground site under a mountain near Qum for the production of nuclear fuel.
The I.A.E.A. also says that Iran may have sought to cleanse another site where the agency has said it suspects that the country has conducted explosive experiments that could be relevant to the production of a nuclear weapon.
Meanwhile, the United States imposes more punishing sanctions against Iran, aimed at its oil and petrochemical sectors, as well as its shipping trade, intensifying existing sanctions intended to choke off the revenue that Iran reaps from its two largest export industries.
The Neptune, an oil tanker in the Persian Gulf, is part of a fleet of about 65 Iranian tankers serving as floating storage facilities for Iranian oil, each one given a nautical makeover to conceal its origin and make a buyer easier to find. Thomas Erdbrink
Embargo on Iranian Oil
A European Union embargo on Iranian oil takes effect, playing a large role in severely restricting Iran’s ability to sell its most important export.
In retaliation, Iran announces legislation intended to disrupt traffic in the Strait of Hormuz, a vital Persian Gulf shipping lane, and tests missiles in a desert drill clearly intended as a warning to Israel and the United States.
In January 2013, Iran’s oil minister, Rostam Qasemi, acknowledged for the first time that petroleum exports and sales had fallen by at least 40 percent in the previous year, costing the country $4 billion to $8 billion each month.
Iran’s nuclear negotiator, Saeed Jalili, in Baghdad. Thaier Al-Sudani/Reuters
Talks With West Falter
After a brief spurt of optimism, talks between Iran and six world powers on its disputed nuclear program fail to produce a breakthrough in Baghdad. The United States, Russia, China, Britain, France and Germany wanted a freeze on Iranian production of uranium enriched to 20 percent purity, which is considered a short step from bomb grade. The Iranians wanted an easing of the onerous economic sanctions imposed by the West and a recognition of what they call their right to enrich. The countries agree to meet again in June, but talks were further slowed after a new regimen of harsh economic sanctions and a statement from the International Atomic Energy Agency that said Iran had made ”no progress” toward providing access to restricted sites it suspects of being used to test potential triggers for nuclear warheads.
March 2012
President Mahmoud Ahmadinejad surveying the centrifuges at Iran’s underground complex at Natanz in March 2007.Office of the Iranian President
Meanwhile, I.A.E.A. inspectors are still trying to gain access to the Parchin site, 20 miles south of Tehran, to ascertain whether tests have been carried out there on nuclear bomb triggers.
But satellites images show that the site has been extensively cleaned by the Iranians.
Jan. 11, 2012
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Iran’s semiofficial Fars News Agency supplied this photo of what it said was Mostafa Ahmadi Roshan’s car after the bombing.Meghdad Madadi/Fars News Agency, via Associated Press
Bomb Kills Nuclear Scientist
A bomber on a motorcycle kills Mostafa Ahmadi Rosha, a scientist from the Natanz site, and his bodyguard. Iran blames Israel and the United States. The Americans deny the accusation, but Israel is more circumspect.
Iran displayed the drone for propaganda purposes, with photographs of ayatollahs who led Iran’s revolution behind it and a desecrated version of the American flag. Revolutionary Guards, via Agence France-Presse — Getty Images
A Blow to U.S., as Drone Crashes
A stealth C.I.A. drone, the RQ-170 Sentinel, crashes near the Iranian town of Kashmar, 140 miles from the Afghan border. It is part of a stepped-up surveillance program that has frequently sent the United States’ most hard-to-detect drone into Iran to map suspected nuclear sites.
Iran asserts that its military downed the aircraft, but American officials say the drone was lost because of a malfunction.
Iran’s nuclear enrichment plant at Natanz.Hasan Sarbakhshian/Associated Press
Natanz Plant Recovers
After a dip in enriched uranium production in 2010 because of the cyberattacks, Iranian production recovers. While the United States and Israel never acknowledged responsibility for the cyberprogram, Olympic Games, some experts argue that it set the Iranians back a year or two. Others say that estimate overstates the effect.
With the program still running, intelligence agencies in the United States and Israel seek out new targets that could further slow Iran’s progress.
A poster of an Iranian gas field is a backdrop to passers-by in Asaluyeh. Newsha Tavakolian for The New York Times
West Expands Sanctions, and U.N. Offers Evidence on Nuclear Work
Major Western powers take significant steps to cut Iran off from the international financial system, announcing coordinated sanctions aimed at its central bank and commercial banks. The United States also imposes sanctions on companies involved in Iran’s nuclear industry, as well as on its petrochemical and oil industries.
The United Nations atomic agency releases evidence that it says make a “credible” case that “Iran has carried out activities relevant to the development of a nuclear device” at its Parchin military base and that the project may still be under way.
Unidentified attackers riding motorcycles bomb two of Iran’s top nuclear scientists, killing one and prompting accusations that the United States and Israel are again trying to disrupt Iran’s nuclear program.
The scientist who was killed, Majid Shahriari, reportedly managed a ”major project” for the country’s Atomic Energy Organization. His wounded colleague, Fereydoon Abbasi, is believed to be even more important; he is on the United Nations Security Council’s sanctions list for ties to the Iranian nuclear effort.
The Iranian scientist Shahram Amiri, with his 7-year-old son, greeting family members in Tehran.Newsha Tavakolian/Polaris, for The New York Times
Iranian Scientist Defects to U.S., Then Reconsiders
Shahram Amiri, an Iranian nuclear scientist who American officials say defected to the United States in 2009, provided information about Iran’s nuclear weapons program and then developed second thoughts, returning to Iran. (After a hero’s welcome, he was imprisoned on treason charges and tortured, according to reports from Iran.)
The bizarre episode was the latest in a tale that has featured a mysterious disappearance from a hotel room in Saudi Arabia, rumors of a trove of new intelligence about Iran’s nuclear plants and a series of contradictory YouTube videos. It immediately set off a renewed propaganda war between Iran and the United States.
Ambassadors to the United Nations, from right: Susan E. Rice of the United States, Mark Lyall Grant of Britain and Ruhakana Rugunda of Uganda voted to affirm a Security Council resolution on Iran while Turkey’s ambassador, Ertugrul Apakan, voted against it. Mario Tama/Getty Images
U.N. Approves New Sanctions
The United Nations Security Council levels its fourth round of sanctions against Iran’s nuclear program. The sanctions curtail military purchases, trade and financial transactions carried out by the Islamic Revolutionary Guards Corps, which controls the nuclear program.
The Security Council also requires countries to inspect ships or planes headed to or from Iran if they suspect banned cargo. In addition, Iran is barred from investing in other countries’ nuclear enrichment plants, uranium mines and related technologies, and the Security Council sets up a committee to monitor enforcement.
The United States and Israel realize that copies of the computer sabotage program introduced in Natanz are available on the Internet, where they are replicating quickly. In a few weeks, articles appear in the news media about a mysterious new computer worm carried on USB keys that exploits a hole in the Windows operating system. The worm is named Stuxnet.
President Obama decides not to kill the program, and a subsequent attack takes out nearly 1,000 Iranian centrifuges, nearly a fifth of those operating.
Yukiya Amano, the head of the International Atomic Energy Agency.Herwig Prammer/Reuters
Work on Warhead
The United Nations’ nuclear inspectors declare for the first time that they have extensive evidence of “past or current undisclosed activities” by Iran’s military to develop a nuclear warhead.
The report also concludes that some Iranian weapons-related activity apparently continued “beyond 2004,” contradicting an American intelligence assessment published in 2008 that concluded that work on a bomb was suspended at the end of 2003.
Defense Secretary Robert M. Gates in 2011. Francois Lenoir/Reuters
Leaked Gates Memo on U.S. Policy
Defense Secretary Robert M. Gates warns in a secret three-page memorandum to top White House officials that the United States does not have an effective long-range policy for dealing with Iran’s steady progress toward nuclear capability.
When the memo becomes public in April, Mr. Gates issues a statement saying that he wishes to dispel any perception among allies that the administration had failed to adequately think through how to deal with Iran.
Prime Minister Gordon Brown of Britain, President Nicolas Sarkozy of France and President Obama, in Pittsburgh, accused Iran of building a secret nuclear fuel plant.Doug Mills/The New York Times
Warning on Nuclear ‘Deception’
American, British and French officials declassify some of their most closely held intelligence and describe a multiyear Iranian effort, tracked by spies and satellites, to build a secret uranium enrichment plant deep inside a mountain.
The new plant, which Iran strongly denies is intended to be kept secret or used for making weapons, is months from completion and does nothing to shorten intelligence estimates of how long it would take Iran to produce a bomb. American intelligence officials say it will take at least a year, perhaps five, for Iran to develop the full ability to make a nuclear weapon.
Secretary of State Hillary Rodham Clinton announces that the United States will participate in talks with Iran involving five other nations: Britain, China, France, Germany and Russia.
The negotiators Saeed Jalili of Iran, left, and William J. Burns, third from right, in Geneva. Pool photo by Denis Balibouse
Talks End in Deadlock
International talks on Iran’s nuclear ambitions end in deadlock despite the Bush administration’s decision to reverse policy and send William J. Burns, a senior American official, to the table for the first time.
Iran responds with a written document that fails to address the main issue: international demands that it stop enriching uranium. Iranian diplomats reiterate before the talks that they consider the issue nonnegotiable.
President George W. Bush rejects a secret request by Israel for specialized bunker-busting bombs it wants for an attack on Iran’s nuclear program. The Bush administration is alarmed by the Israeli idea to fly over Iraq to reach Iran’s major nuclear complex at Natanz and decides to step up intelligence-sharing with Israel and brief Israeli officials on new American efforts to subtly sabotage Iran’s nuclear infrastructure. Mr. Bush will hand off the major covert program to President Obama.
The United States works with Israel to begin cyberattacks, code-named Olympic Games, on computer systems at the Natanz plant. A year later, the program is introduced undetected into a controller computer at Natanz. Centrifuges begin crashing and engineers have no clue that the plant is under attack.
The Security Council unanimously approves sanctions intended to curb Iran’s nuclear program. The sanctions ban the import and export of materials and technology used in uranium enrichment and reprocessing and in the production of ballistic missiles.
The heavy-water plant in Arak, south of Tehran.Iran/Reuters
Iran Opens a Heavy-Water Reactor
Just days before Iran is supposed to suspend enrichment of uranium or face the prospect of sanctions, President Ahmadinejad formally kicks off a heavy-water production plant in Arak, 120 miles southwest of Tehran, which would put Iran on the path to obtaining plutonium, a fuel used in nuclear weapons.
In November, Iran seeks international assistance to ensure safe operation for a 40-megawatt reactor it is building. Citing broader doubts about Iran’s nuclear ambitions, the United Nations atomic agency, the United States and European countries oppose offering help.
A satellite image of Natanz in 2007.GeoEye/SIME, via Associated Press
Natanz Production Is Restarted
Iran resumes uranium enrichment at Natanz after negotiations with European and American officials collapse.
The I.A.E.A. approves a resolution to report Iran’s nuclear program to the Security Council, citing “the absence of confidence” among the atomic agency’s members “that Iran’s nuclear program is exclusively for peaceful purposes.”
President Ahmadinejad offended Israel in his speech on the rule of law at a United Nations conference in 2012. Eduardo Munoz/Reuters
Ahmadinejad Elected President
Mahmoud Ahmadinejad, known only as a secular conservative and a former mayor of Tehran, becomes president. He becomes a divisive figure in world affairs, cheering on the development of Iran’s nuclear program despite orders from the United Nations Security Council to halt it, calling for Israel to be “wiped off the map’’ and describing the Holocaust as “a myth.”
Mid-July, 2005
With Laptop Files, U.S. Seeks to Prove Iran’s Nuclear Aims
Senior American intelligence officials present the International Atomic Energy Agency with the contents of what they say is a stolen Iranian laptop containing more than a thousand pages of Iranian computer simulations and accounts of experiments — studies for crucial features of a nuclear warhead.
Intelligence reports reveal that Mohsen Fakhrizadeh, a little-known Iranian scientist, leads elements of Iran’s weaponization program known as Project 110 and Project 111.
But doubts about the intelligence persist among some experts, in part because American officials, citing the need to protect their source, have largely refused to provide details of the origins of the laptop beyond saying that they obtained it in mid-2004 from a source in Iran who they said had received it from a second person, now believed to be dead.
Foreign Minister Kamal Kharrazi talking to reporters in Tehran ahead of nuclear talks in Paris. Abedin Taherkenareh/European Pressphoto Agency
Violation and New Agreement
Iran violates the agreement, charging that the Europeans reneged on their promises of economic and political incentives. After 22 hours of negotiations, an Iranian delegation and senior officials from France, Germany, Britain and the European Union come to a preliminary agreement to immediately suspend Iran’s production of enriched uranium. The Iranian foreign minister, Kamal Kharrazi, praises the so-called Paris Agreement but emphasizes that any suspension will be temporary.
In a few weeks, the I.A.E.A verifies Iran’s suspension of its enrichment activities, with one exception: its request to use up to 20 sets of centrifuge components for research and development.
An Iranian missile displayed by the Revolutionary Guards under a portrait of the supreme leader, Ayatollah Khamenei, in September 2003. Henghameh Fahimi/Agence France-Presse
Nuclear Program Is Suspended
Possibly in response to the American invasion of Iraq, which was originally justified by the Bush administration on the grounds that Iraq had weapons of mass destruction, Ayatollah Khamenei orders a suspension of work on what appear to be weapons-related technologies, although he allows uranium enrichment efforts to continue.
Inspectors with the United Nations atomic agency find traces of highly enriched uranium at the Natanz plant, and Iran concedes to demands, after talks with Britain, France and Germany, to accept stricter international inspections of its nuclear sites and to suspend production of enriched uranium.
2002
Discovery of Secret Plants
Mujahedeen Khalq, an Iranian dissident group also known as the M.E.K., obtains and shares documents revealing a clandestine nuclear program previously unknown to the United Nations.
The program includes a vast uranium enrichment plant at Natanz and a heavy water plant at Arak. In December, satellite photographs of Natanz and Arak appear widely in the news media. The United States accuses Tehran of an “across-the-board pursuit of weapons of mass destruction,” but takes relatively little action because it is focused on the approaching invasion of Iraq the next year.
Iran agrees to inspections by the I.A.E.A. It also signs an accord with Russia to speed up completion of the nuclear power plant at Bushehr.
May 1999
Mohammad Khatami in 2009. Hasan Sarbakhshian/Associated Press
Proposal for Nuclear-Free Mideast
President Mohammad Khatami of Iran goes to Saudi Arabia, becoming the first Iranian leader since 1979 to visit the Arab world.
He issues a joint statement with King Fahd expressing concerns about Israel’s nuclear weapons program and support for ridding the Middle East of nuclear weapons. In 2003, Iran supports such a proposal initiated by Syria.
July 1996
President Bill Clinton addressing reporters in July 1996. Joe Marquette/Associated Press
Sanctions Against Iran and Libya
With growing intelligence estimates that Iran may secretly be trying to build a nuclear weapon, President Bill Clinton signs a bill imposing sanctions on foreign companies with investments in Iran and Libya. Such rules are already in place for American companies.
A Russian engineer checking equipment at the Bushehr nuclear plant in April 2007.Behrouz Mehri/Agence France-Presse — Getty Images
Iran and Russia Sign Nuclear Contract
Iran announces that it will sign an $800 million contract with Russia to complete construction on one of two light water reactors at the Bushehr nuclear plant within four years. After many delays, the project was completed in 2010.
The United States has been persuading countries like Argentina, India, Spain, Germany and France to prohibit the sale of nuclear technology to Iran’s civilian program.
In 2005, the United Nations’ International Atomic Energy Agency is on the verge of reviewing Tehran’s nuclear program when Iranian officials admit to a 1987 meetingwith Dr. Khan’s representatives. But Tehran tells the agency that it turned down the chance to buy the equipment required to build the core of a bomb.
1984
Iraqi gunners used a Soviet 130-milllimeter field gun to shell the Iranian cities of Abadan and Khurramshahr.United Press International
Nuclear Program Restarts
The Iran-Iraq war, from 1980 to 1988, changes Iran’s thinking about the nuclear program. With Saddam Hussein pursuing a nuclear program in Iraq, Ayatollah Khomeini secretly decides to restart Iran’s program and seeks the assistance of German partners to complete the construction at Bushehr, which was damaged by bombs during the war.
Feb. 11, 1979
Ayatollah Ruhollah Khomeini descending from the Air France plane that returned him to Tehran after 15 years in exile.United Press International
Khomeini Comes to Power
Prime Minister Bakhtiar is overthrown by followers of Ayatollah Ruhollah Khomeini, an exiled cleric, after bloody clashes in Tehran.
The new leader is uninterested in the nuclear program and ends the shah’s effort. Many nuclear experts flee the country.
Any nuclear cooperation between Iran and the United States breaks down completely with the American Embassy hostage crisis from November 1979 until January 1981.
The deposed shah, with Empress Farah and two of their children, in the Bahamas in 1979, where they dodged questions from photographers. Associated Press
Shah Flees
The shah is overthrown and flees the country, in what becomes known as the Islamic Revolution of 1979.
Prime Minister Shahpur Bakhtiar takes over and cancels the $6.2 billion contract for the construction of two nuclear power plants at the Bushehr complex.
The United States retracts a deal it had made with Iran a year earlier and stops supplying enriched uranium for the Tehran research reactor.
The Bushehr nuclear plant on Aug. 21, 2010, as its first fuel rod was loaded. Getty Images
Creation of Atomic Energy Body
The shah creates the Atomic Energy Organization of Iran, which conducts training for its personnel and nuclear deals with countries including the United States, France, West Germany, Namibia and South Africa. By training engineers in Iran and abroad, the country gains a solid understanding of nuclear technologies and capabilities.
A year later, Kraftwerk Union, a West German company, agrees to construct two light water reactors to produce nuclear energy at the Bushehr complex, 470 miles south of Tehran. Construction begins in 1974 but the contract is not signed until 1976.
By the late 1970s, the United States becomes worried that Iran may harbor nuclear weapon ambitions.
July 1, 1968
Iran Signs Nuclear Non-Proliferation Treaty
With the American-provided research reactor running, starting in 1967, Iran becomes one of 51 nations to sign the Nuclear Non-Proliferation Treaty, agreeing to never become a nuclear-weapon state.
Iran begins a civilian nuclear program in the 1950s, led by Shah Mohammed Reza Pahlavi, who reaches a deal through the Eisenhower administration’s Atoms for Peace program. Under the agreement, the United States agrees to provide a nuclear research reactor in Tehran and power plants.
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Pope Francis was about to take a major step backing the science behind human-driven global warming, and Philippe de Larminat was determined to change his mind.
A French doubter who authored a book arguing that solar activity — not greenhouse gases — was driving global warming, de Larminat sought a spot at a climate summit in April sponsored by the Vatican’s Pontifical Academy of Sciences. Nobel laureates would be there. So would U.N. Secretary General Ban Ki-moon, U.S. economist Jeffrey Sachs and others calling for dramatic steps to curb carbon emissions.
After securing a high-level meeting at the Vatican, he was told that, space permitting, he could join. He bought a plane ticket from Paris to Rome. But five days before the April 28 summit, de Larminat said, he received an e-mail saying there was no space left. It came after other scientists — as well as the powerful Vatican bureaucrat in charge of the academy — insisted he had no business being there.
“They did not want to hear an off note,” de Larminat said.
The incident highlights how climate-change doubters tried and failed to alter the landmark papal document unveiled last week — one that saw the leader of 1 billion Catholics fuse faith and reason and come to the conclusion that “denial” is wrong.
Wearing a yellow raincoat, Pope Francis waves to the faithful as he arrives in Tacloban, Philippines, in January. (Wally Santana/AP)
It marked the latest blow for those seeking to stop the reform-minded train that has become Francis’s papacy. It is one that has reinvigorated liberal Catholics even as it has sowed the seeds of resentment and dissent inside and outside the Vatican’s ancient walls.
Yet the battle lost over climate change also suggests how hard it may be for critics to blunt the power of a man who has become something of a juggernaut in an institution where change tends to unfold over decades, even centuries. More than anything, to those who doubt the human impact of global warming, the position staked out by Francis in his papal document, known as an encyclical, means a major defeat.
“This was their Waterloo,” said Kert Davies, executive director of the Climate Investigations Center, who has been tracking climate-change deniers for years. “They wanted the encyclical not to happen. And it happened.”
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Papal advisers say Francis signaled his intent to draft a major document on the environment soon after assuming the throne of St. Peter in March 2013. His interest in the topic dates to his days as a bishop in Buenos Aires, where Francis, officials say, was struck by the effects of floods and unsanitary conditions on Argentine shantytowns known as “misery villages.”
In January, Francis officially announced his goal of drafting the encyclical — saying after an official visit to the Philippines that he wanted to make a “contribution” to the debate ahead of a major U.N. summit on climate change in Paris in December.
But several efforts by those skeptical of the scientific consensus on climate change to influence the document appear to have come considerably later — in April — and, maybe, too late.
In late April, the Chicago-based Heartland Institute, a free-market group that serves as a hub of skepticism regarding the science of human-caused global warming, sent a delegation to the Vatican. As a Heartland news release put it, they hoped “to inform Pope Francis of the truth about climate science: There is no global warming crisis!”
It was meant to coincide with the same April meeting that de Larminat was trying to attend. Heartland’s activists were not part of the invited contingent, either, Heartland communications director Jim Lakely said.
“It was a side event,” he said. “We were outside the walls of the Vatican. We were at a hotel — literally, I could throw a football into St. Peter’s Square.”
Seven scientists and other experts gave speeches at the Heartland event, raising doubts about various aspects of the scientific consensus on climate change, even as several also urged the pope not to take sides in the debate. It’s impossible to know how that influenced those in the Vatican working on the pope’s document — which one Vatican official said was at “an advanced stage.” But Lakely said his group did not see much of its argument reflected in the final document.
“We all want the poor to live better lives, but we just don’t think the solution to that is to restrict the use of fossil fuels, because we don’t think CO2 is causing a climate crisis,” Lakely said. “So if that’s our message in a sentence, that message was not reflected in the encyclical, so there you go.”
Read Pope Francis’s full document on Climate Change
n the 192-page paper released Thursday, the pope lays out the argument for a new partnership between science and religion to combat human-driven climate change — a position bringing him immediately into conflict with skeptics, whom he chides for their “denial.” And you can also read 10 key excerpts from Pope Francis’s encyclical on the environment.
The father of conservative movement-building through direct mail, Richard A. Viguerie, issued a forceful denunciation of Francis, his encyclical and his priorities, calling the pope’s message on climate change “a confusing distraction that dilutes his great moral authority and leadership.”
Mr. Viguerie’s post does not address the substance of the encyclical; rather, it argues at length that the pope should not be writing about climate change “at a time when Catholics, indeed Christians of all denominations, are facing persecution” as well as “a host of moral and spiritual challenges”:
While the pope fiddles with one controversial political issue that is not at the core of spiritual matters, our spiritual culture is burning.
He goes on to assert that the Catholic clergy has “abandoned the teaching of morals” and “sees, hears, and knows few sins,” while “the liberals’ true agenda is to destroy religion” and, he says, the environmental movement has socialist roots.
Those who most fervently deny the scientific consensus on climate change have ridiculed Pope Francis. Steven Milloy, who regularly denounces climate scientists on his website and on Twitter, posted a series of strident messages after a draft of the encyclical leaked earlier this week. Mr. Milloy is linked to the conservative Competitive Enterprise Institute and has also argued against the scientific studies that suggest that secondhand smoke causes cancer.
In recent Twitter posts, he called some of the leaked portions of the encyclical “adolescent, insipid, primitive, embarrassing,” as well as “a stumbling, bumbling PR disaster for Red Pope.”
Pope Francis, in Sweeping Encyclical, Calls for Swift Action on Climate Change
Pope Francis on Thursday called for a radical transformation of politics, economics and individual lifestyles to confront environmental degradation and climate change, blending a biting critique of consumerism and irresponsible development with a plea for swift and unified global action.
The vision that Francis outlined in a 184-page papal encyclical is sweeping in ambition and scope: He describes relentless exploitation and destruction of the environment and says apathy, the reckless pursuit of profits, excessive faith in technology and political shortsightedness are to blame.
The most vulnerable victims, he declares, are the world’s poorest people, who are being dislocated and disregarded.
Francis, the first pope from the developing world, used the encyclical — titled “Laudato Si’,” or “Praise Be to You” — to highlight the crisis posed byclimate change. He places most of the blame on fossil fuels and human activity, while warning of an “unprecedented destruction of ecosystems, with serious consequence for all of us” if corrective action is not taken swiftly. Developed, industrialized countries were mostly responsible, he says, and are obligated to help poorer nations confront the crisis.
Metropolitan John Zizioulas of Pergamon says that the environmental crisis is a “spiritual problem,” during a news conference on Thursday about Pope Francis’ encyclical on climate change.
By Reuters on Publish DateJune 18, 2015.
“Climate change is a global problem with grave implications: environmental, social, economic, political and for the distribution of goods,” he writes. “It represents one of the principal challenges facing humanity in our day.”
The Vatican released the encyclical at noon on Thursday, three days after an Italian magazine posted a leaked draft online, to the fury of Vaticanofficials. The breach led to speculation that opponents of Francis in the Vatican wanted to embarrass him by undermining the release.
Even so, religious figures, environmentalists, scientists, executives and elected officials around the world awaited the official release, and scheduled news conferences or issued statements afterward. News media interest was enormous, in part because of Francis’ global popularity, but also because of the intriguing coalition he is proposing between faith and science.
“Humanity is faced with a crucial challenge that requires the development of adequate policies, which, moreover, are currently being discussed on the global agenda,” Cardinal Peter Turkson said at a news conference at the Vatican. “Certainly, ‘Laudato Si’ ’ can and must have an impact on important and urgent decisions to be made in this area.”
Photo
In his encyclical, read by a nun at the Vatican on Thursday, Francis focused on the harm climate change poses to the poor.CreditMax Rossi/Reuters
Francis has made it clear that he hopes the encyclical will influence energy and economic policy and stir a global movement. He calls on ordinary people to press politicians for change. Catholic bishops and priests around the world are expected to discuss the encyclical in services on Sunday. But Francis is also reaching for a wider audience, asking in the document “to address every person living on this planet.”
Even before the encyclical, the pope’s stance against environmental destruction and his demand for global action had already thrilled many scientists. Advocates of policies to combat climate change have said they hoped that Francis could lend a “moral dimension” to the debate.
“Within the scientific community, there is almost a code of honor that you will never transgress the red line between pure analysis and moral issues,” said Hans Joachim Schellnhuber, founder and chairman of the Potsdam Institute for Climate Impact Research. “But we are now in a situation where we have to think about the consequences of our insight for society.”
Francis has been sharply criticized by those who question or deny the established science of human-caused climate change, and also by some conservative Roman Catholics, who see the encyclical as an attack on capitalism and as political meddling.
Graphic: On Planet in Distress, a Papal Call to Action
Governments are now developing domestic climate-change plans to prepare for aUnited Nations summit meeting on the issue in Paris in December. The meeting’s goal is to achieve a sweeping accord in which every nation would commit to new policies to limit greenhouse-gas emissions. Many governments have yet to present plans, including major emitters like Brazil, which has a large Catholic population. The encyclical is seen as an unsubtle nudge for action.
“It gives a lot of cover to political and economic leaders in those countries, as they make decisions on climate change policy,” said Timothy Wirth, vice chairman of the United Nations Foundation.
Catholic theologians say the overarching theme of the encyclical is “integral ecology,” which links care for the environment with a notion already well developed in Catholic teaching: that economic development, to be morally good and just, must take into account people’s need for things like freedom, education and meaningful work.
“The basic idea is, in order to love God, you have to love your fellow human beings, and you have to love and care for the rest of creation,” said Vincent Miller, who holds a chair in Catholic theology and culture at the University of Dayton, a Catholic college in Ohio. “It gives Francis a very traditional basis to argue for the inclusion of environmental concern at the center of Christian faith.”
Photo
Metropolitan of Pergamon John Zizioulas, left, and Cardinal Peter Turkson presented the 184-page papal encyclical on Thursday.CreditAndrew Medichini/Associated Press
He added: “Critics will say the church can’t teach policy, the church can’t teach politics. And Francis is saying, ‘No, these things are at the core of the church’s teaching.’ ”
Francis tapped a wide variety of sources in his encyclical, partly to underscore the universality of his message. He cites passages from his two papal predecessors, John Paul II and Benedict XVI, and draws prominently from a religious ally, Patriarch Bartholomew I of Constantinople, leader of the Eastern Orthodox Church. He also cites a ninth-century Sufi mystic, Ali al-Khawas.
“This is not a correct interpretation of the Bible as understood by the Church,” Francis writes. The Bible teaches human beings to “till and keep” the garden of the world, he says. “ ‘Tilling’ refers to cultivating, plowing or working, while ‘keeping’ means caring, protecting, overseeing and preserving.”
His most stinging rebuke is a broad critique of profit-seeking and the undue influence of technology on society. He praises achievements in medicine, science and engineering, but says that “our immense technological development has not been accompanied by a development in human responsibility, values and conscience.”
Central to Francis’ theme is the link between poverty and the planet’s fragility. The pope rejects the belief that technology and “current economics” will solve environmental problems, or “that the problems of global hunger and poverty will be resolved simply by market growth.”
“A huge indictment I see in this encyclical is that people have lost their sense of ultimate and proper goals of technology and economics,” said Christiana Z. Peppard, an assistant professor of theology, science and ethics at Fordham University in New York. “We are focused on short-term, consumerist patterns.”
Encyclicals are letters to the clergy and laity of the church that are considered authoritative. Catholics are expected to try to sincerely embrace their teachings. But more specific assertions in them can be categorized as “prudential judgments,” a phrase that some critics have invoked to reject Francis’ positions on issues like climate change or economic inequality.
Many conservatives will be pleased with the encyclical’s strong criticism of abortion, and its dismissal of arguments that population control can be an answer to poverty. However, Francis sharply criticizes the trading of carbon credits — a market-based system central to the European Union’s climate policy — and says it “may simply become a ploy which permits maintaining the excessive consumption of some countries and sectors.”
Above all, Francis frames the encyclical as a call to action. He praises young people for being ready for change, and said “enforceable international agreements are urgently needed.” He cites Benedict in saying that advanced societies “must be prepared to encourage more sober lifestyles, while reducing their energy consumption and improving its efficiency.”
“All is not lost,” he writes. “Human beings, while capable of the worst, are also capable of rising above themselves, choosing again what is good, and making a new start.”
St. Francis of Assisi’s hymn Laudato Si’ spoke of “Brothers” Sun and Fire and “Sisters” Moon and Water, using these colorful phrases figuratively, as a way of praising God’s creation. These sentimental words so touched Pope Francis that he named his encyclical after this canticle (repeated in paragraph 87 of the Holy Father’s letter).
Neither Pope Francis nor St. Francis took the words literally, of course. Neither believed that fire was alive and could be talked to or reasoned with or, worse, worshiped. Strange, then, that a self-professed atheist and scientific advisor to the Vatican named Hans Schellnhuber appears to believe in a Mother Earth.
Gaia
The Gaia Principle, first advanced by chemist James Lovelock (who has lately had second thoughts) and microbiologist Lynn Margulis in the 1970s, says that all life interacts with the Earth, and the Earth with all life, to form a giant self-regulating, living system.
This goes far beyond the fact that the Earth’s climate system has feedbacks, which are at the very center of the debate over climate change. In the Gaia Principle, Mother Earth is alive, and even, some think, aware in some ill-defined, mystical way. The Earth knows man and his activities and, frankly, isn’t too happy with him.
This is what we might call “scientific pantheism,” a kind that appeals to atheistic scientists. It is an updated version of the pagan belief that the universe itself is God, that the Earth is at least semi-divine — a real Brother Sun and Sister Water! Mother Earth is immanent in creation and not transcendent, like the Christian God.
What’s this have to do with Schellnhuber? In the 1999 Nature paper “‘Earth system’ analysis and the second Copernican revolution,” he said:
Ecosphere science is therefore coming of age, lending respectability to its romantic companion, Gaia theory, as pioneered by Lovelock and Margulis. This hotly debated ‘geophysiological’ approach to Earth-system analysis argues that the biosphere contributes in an almost cognizant way to self-regulating feedback mechanisms that have kept the Earth’s surface environment stable and habitable for life.
Geo-physiological, in case you missed it. Cognizant, in black and white. So dedicated is Schellnhuber to this belief that he says “the Gaia approach may even include the influence of biospheric activities on the Earth’s plate-tectonic processes.” Not the other way around, mind you, where continental drift and earthquakes effects life, but where life effects earthquakes.
He elaborates:
Although effects such as the glaciations may still be interpreted as over-reactions to small disturbances — a kind of cathartic geophysiological fever — the main events, resulting in accelerated maturation by shock treatment, indicate that Gaia faces a powerful antagonist. Rampino has proposed personifying this opposition as Shiva, the Hindu god of destruction.
Mother Earth gets the flu and instead of white blood cells and a rise in temperature to fend off the infection, it sends white ice and a decrease in temperatures. How? Geophysiologically! I remind the reader that our author, writing in one of the world’s most prominent science journals, does not use these propositions metaphorically. He proposes them as actual mechanisms.
Schellnhuber echoes the theme of a cognizant, i.e. self-aware, planet in another (co-authored) 2004 paper in Nature 2004, “Climbing the co-evolution ladder,” suggesting again that mankind is an infection, saying that mankind “perturbs … the global ‘metabolism’” of the planet.
Tipping Points
Schellnhuber, a one-time quantum physicist who turned his attention to Mother Earth late in his career, was also co-author of a 2009 Proceedings of the National Academy of Sciences paper “Imprecise probability assessment of tipping points in the climate system,” which asked select scientists their gut assessment about the arrival of various “tipping points.” Tipping points are a theme of Schellnhuber’s research (see inter aliathis and this).
Tipping points are supposed moments when some doom which might have been avoided if some action had been taken, is no longer possible to avoid and will arrive no matter what. Tipping points have come and gone in climate forecasts for decades now. The promised dooms never arrive but the false prophets never quit. Their intent is less to forecast than to induce something short of panic in order to plead for political intervention. When the old tipping point is past, theorists just change the date, issue new warnings and hope no one will notice.
One of the tipping points Schellnhuber asked about was the melting of the Greenland ice sheet, depending on what the temperature did. All of the selected experts (who answered the questions in 2004 and 2005) gave moderate (~15-25%) to quite high probabilities (50-80%) for this event to have occurred by 2015. The ice did not melt.
Schellnhuber presented more tipping points to the Pontifical Academy of Sciences in 2014 in the co-authored paper, “Climate-System Tipping Points and Extreme Weather Events.” In that paper, Schellnhuber has a “scientific” graph with Michelangelo’s Sistine Chapel Adam “flicking” a planet earth over a methane tipping point, such that the earth would roll down into a fiery pit labeled the “Warming Abyss.” Hell on earth.
The Problem of People
Schellnhuber is most famous for predicting that the “carrying capacity” of the earth is “below” 1 billion people. When confronted with this, he called those who quoted him “liars.” But he then repeated the same claim, saying, “All I said was that if we had unlimited global warming of eight degrees warming, maybe the carrying capacity of the earth would go down to just 1 billion, and then the discussion would be settled.” And he has often said that this temperature tipping point would be reached — unless “actions” were taken.
The man is suspicious of people. In that same interview he said, “If you want to reduce human population, there are wonderful means: Improve the education of girls and young women.” Since young women already know where babies come from, and since this knowledge tends neither to increase nor decrease population, the “education” he has in mind must be facts about how to avoid the consequences of sex. Austin Ruse discovered a 2009 talk in which Schellnhuber said the earth “will explode” due to resource depletion once the population reaches 9 billion, a number that the UN projects in 2050. Presumably he wants earth to avoid that fate, so he mustsupport the population control that Pope Francis so clearly repudiated in his encyclical.
Bad Religion
Confirmation bias happens when a scientist manipulates an experiment so that he gets the outcome he hoped he would get. When Schellnhuber invites only believers in tipping-points-of-doom to characterize their guesses of this doom, his view that the doom is real will be confirmed. And when he publishes a paper that says, “Scientists say world is doomed” the public and politicians believe it. Scientists skeptical of the doom are dismissed because they are skeptics. This isn’t good science. It’s really bad religion, and a pagan one at that.
Global warming research is characterized by an insider’s club. If you believe, you’re in. If you doubt, you’re out. This is also so at the Pontifical Academies of Science where Schellnhuber was appointed by Bishop Marcelo Sanchez Sorondo. The bishop locked scientists with contrary views out of the process, scientists he has repeatedly dismissed as “funded by the oil industry.” Given this, how likely is it that the Holy Father was fully aware of the views of the chief scientist who advised him?
Nongovernmental International Panel on Climate Change
“…On June 2, as Congress debated global warming legislation that would raise energy costs to consumers by hundreds of billions of dollars, the Nongovernmental International Panel on Climate Change (NIPCC) released an 880-page book challenging the scientific basis of concerns that global warming is either man-made or would have harmful effects.
In “Climate Change Reconsidered: The 2009 Report of the Nongovernmental International Panel on Climate Change (NIPCC),” coauthors Dr. S. Fred Singer and Dr. Craig Idso and 35 contributors and reviewers present an authoritative and detailed rebuttal of the findings of the United Nations’ Intergovernmental Panel on Climate Change (IPCC), on which the Obama Administration and Democrats in Congress rely for their regulatory proposals.
The scholarship in this book demonstrates overwhelming scientific support for the position that the warming of the twentieth century was moderate and not unprecedented, that its impact on human health and wildlife was positive, and that carbon dioxide probably is not the driving factor behind climate change.
The authors cite thousands of peer-reviewed research papers and books that were ignored by the IPCC, plus additional scientific research that became available after the IPCC’s self-imposed deadline of May 2006.
The Nongovernmental International Panel on Climate Change (NIPCC) is an international panel of nongovernment scientists and scholars who have come together to understand the causes and consequences of climate change. Because it is not a government agency, and because its members are not predisposed to believe climate change is caused by human greenhouse gas emissions, NIPCC is able to offer an independent “second opinion” of the evidence reviewed by the Intergovernmental Panel on Climate Change (IPCC). …”
Story 1: Part II, Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Appellate Court Rules NSA’s Phone Data Collection Is Illegal
McConnell to Push for Pure PATRIOT Act Extension
INTERVIEW with NSA WHISTLEBLOWER: Confirm EVERYONE in US is under VIRTUAL SURVEILLANCE since 9/11
What You Didn’t Know About The NSA Bluffdale Spy Center – From Former NSA Director Bill Binney
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
30c3 keynote with Glenn Greenwald [30c3]
FISA Court: Telecoms okay with NSA data collection
US Supreme Court refuses to let Americans challenge FISA eavesdropping law
FISA Section 215: A Debate about Its Legality, Usefulness and Civil Liberties
The creepy spying power buried in the Patriot Act
Real Talk: The Patriot Act
Patriot Act Powers – GOP Fights To Renew NSA Surveillance Law – Fox & Friends
Marco Rubio blasts colleagues over renewing NSA spying powers
Rand Paul Stalling Patriot Act Extension!
The Obama Administration’s War on Whistleblowers–7 Whistleblowers speak at News Conference 04-27-15
Top NSA Whistleblower William Binney Exposes the Tyranny 3/20/15
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
Former NSA Head Exposes Agency’s Real Crimes
NSA Whistleblower William Binney: The Future of FREEDOM
‘NSA owns entire network anywhere in the world’ – whistleblower William Binney
NSA Whistle-Blower Tells All: The Program | Op-Docs | The New York Times
William Binney – The Government is Profiling You (The NSA is Spying on You)
Alleged NSA whistleblower warns of “turnkey tyranny” in U.S.
NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’
Glenn Greenwald: The NSA Can “Literally Watch Every Keystroke You Make”
NSA Whistleblower Thomas Drake Prevails in Unprecedented Obama Admin Crackdown
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
29C3 Panel: Jesselyn Radack, Thomas Drake, William Binney on whistleblowing and surveillance
Everything We Know About NSA Spying: “Through a PRISM, Darkly” – Kurt Opsahl at CCC
FBI’s Patriot Act Abuse of National Security Letters and illegal NSA spying
Last Week Tonight with John Oliver: Government Surveillance (HBO)
The Lame Duck Show: Turn Key Tyranny Solutions
PBS Nova S36E11 The Spy Factory Full Documentary
Inside The NSA~Americas Cyber Secrets
Full Documentaries – National Security Agency Secrets – (NSA) Special Documentary
NSA can spy on 98 percent of the world
Glenn Becks “SURVEILLANCE STATE”
Glenn Greenwald on Domestic Surveillance: NSA Warrantless Wiretapping Controversy (2006)
Enemy of the State (1998) Predicts Edward Snowden’s Revelations
Enemy Of The State – The NSA Can Read The Time Off Your F**king Wristwatch!
Will Smith | Enemy of the State 1998 Movie Full HD
Ron Paul to Congress: DO NOT Extend the “PATRIOT” Act!
Congressman Ron Paul, MD – We’ve Been NeoConned
Why Shouldn’t I Work for the NSA?
(Good Will Hunting)
N.S.A. Phone Data Collection Is Illegal, Appeals Court Rules
THE COMPUTERS ARE LISTENING
HOW THE NSA CONVERTS SPOKEN WORDS INTO SEARCHABLE TEXT
Most people realize that emails and other digital communications they once considered private can now become part of their permanent record.
But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either.
Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored.
The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documentsdescribe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest.
The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.
Spying on international telephone calls has always been a staple of NSA surveillance, but the requirement that an actual person do the listening meant it was effectively limited to a tiny percentage of the total traffic. By leveraging advances in automated speech recognition, the NSA has entered the era of bulk listening.
And this has happened with no apparent public oversight, hearings or legislative action. Congress hasn’t shown signs of even knowing that it’s going on.
The USA Freedom Act — the surveillance reform bill that Congress is currently debating — doesn’t address the topic at all. The bill would end an NSA program that does not collect voice content: the government’s bulk collection of domestic calling data, showing who called who and for how long.
Even if becomes law, the bill would leave in place a multitude of mechanisms exposed by Snowden that scoop up vast amounts of innocent people’s text and voice communications in the U.S. and across the globe.
Civil liberty experts contacted by The Intercept said the NSA’s speech-to-text capabilities are a disturbing example of the privacy invasions that are becoming possible as our analog world transitions to a digital one.
“I think people don’t understand that the economics of surveillance have totally changed,” Jennifer Granick, civil liberties director at the Stanford Center for Internet and Society, told The Intercept.
“Once you have this capability, then the question is: How will it be deployed? Can you temporarily cache all American phone calls, transcribe all the phone calls, and do text searching of the content of the calls?” she said. “It may not be what they are doing right now, but they’ll be able to do it.”
And, she asked: “How would we ever know if they change the policy?”
Indeed, NSA officials have been secretive about their ability to convert speech to text, and how widely they use it, leaving open any number of possibilities.
That secrecy is the key, Granick said. “We don’t have any idea how many innocent people are being affected, or how many of those innocent people are also Americans.”
I Can Search Against It
NSA whistleblower Thomas Drake, who was trained as a voice processing crypto-linguist and worked at the agency until 2008, told The Intercept that he saw a huge push after the September 11, 2001 terror attacks to turn the massive amounts of voice communications being collected into something more useful.
Human listening was clearly not going to be the solution. “There weren’t enough ears,” he said.
The transcripts that emerged from the new systems weren’t perfect, he said. “But even if it’s not 100 percent, I can still get a lot more information. It’s far more accessible. I can search against it.”
Converting speech to text makes it easier for the NSA to see what it has collected and stored, according to Drake. “The breakthrough was being able to do it on a vast scale,” he said.
More Data, More Power, Better Performance
The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s.
What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds.
In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited.
Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”
“I would tell you we are not very good at that,” he said.
In an ideal environment like a news broadcast, he said, “we’re getting pretty good at being able to do these types of translations.”
A 2008 document from the Snowden archive shows that transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing:
(U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing.
Experts in speech recognition say that in the last decade or so, the pace of technological improvement has been explosive. As information storage became cheaper and more efficient, technology companies were able to store massive amounts of voice data on their servers, allowing them to continually update and improve the models. Enormous processors, tuned as “deep neural networks” that detect patterns like human brains do, produce much cleaner transcripts.
And the Snowden documents show that the same kinds of leaps forward seen in commercial speech-to-text products have also been happening in secret at the NSA, fueled by the agency’s singular access to astronomical processing power and its own vast data archives.
In fact, the NSA has been repeatedly releasing new and improved speech recognition systems for more than a decade.
The first-generation tool, which made keyword-searching of vast amounts of voice content possible, was rolled out in 2004 and code-named RHINEHART.
“Voice word search technology allows analysts to find and prioritize intercept based on its intelligence content,” says an internal 2006 NSA memo entitled “For Media Mining, the Future Is Now!”
The memo says that intelligence analysts involved in counterterrorism were able to identify terms related to bomb-making materials, like “detonator” and “hydrogen peroxide,” as well as place names like “Baghdad” or people like “Musharaf.”
RHINEHART was “designed to support both real-time searches, in which incoming data is automatically searched by a designated set of dictionaries, and retrospective searches, in which analysts can repeatedly search over months of past traffic,” the memo explains (emphasis in original).
As of 2006, RHINEHART was operating “across a wide variety of missions and languages” and was “used throughout the NSA/CSS [Central Security Service] Enterprise.”
But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.”
The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states.
A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)
VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”
Extensive Use Abroad
Voice communications can be collected by the NSA whether they are being sent by regular phone lines, over cellular networks, or through voice-over-internet services. Previously released documents from the Snowden archive describe enormous efforts by the NSA during the last decade to get access to voice-over-internet content like Skype calls, for instance. And other documents in the archive chronicle the agency’s adjustment to the fact that an increasingly large percentage of conversations, even those that start as landline or mobile calls, end up as digitized packets flying through the same fiber-optic cables that the NSA taps so effectively for other data and voice communications.
The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America.
For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.”
The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.
Keyword spotting extended to Iranian intercepts as well. A 2006 memoreported that RHINEHART had been used successfully by Persian-speaking analysts who “searched for the words ‘negotiations’ or ‘America’ in their traffic, and RHINEHART located a very important call that was transcribed verbatim providing information on an important Iranian target’s discussion of the formation of a the new Iraqi government.”
“Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”
The memo offers an example from NSA Texas, where an analyst newly trained on the system used a keyword search to find previously unreported information on a target involved in drug-trafficking. In another case, an official at a Special Collection Service site in Latin America “was able to find foreign intelligence regarding a Cuban official in a fraction of the usual time.”
In a 2011 article, “Finding Nuggets — Quickly — in a Heap of Voice Collection, From Mexico to Afghanistan,” an intelligence analysis technical director from NSA Texas described the “rare life-changing instance” when he learned about human language technology, and its ability to “find the exact traffic of interest within a mass of collection.”
Analysts in Texas found the new technology a boon for spying. “From finding tunnels in Tijuana, identifying bomb threats in the streets of Mexico City, or shedding light on the shooting of US Customs officials in Potosi, Mexico, the technology did what it advertised: It accelerated the process of finding relevant intelligence when time was of the essence,” he wrote. (Emphasis in original.)
The author of the memo was also part of a team that introduced the technology to military leaders in Afghanistan. “From Kandahar to Kabul, we have traveled the country explaining NSA leaders’ vision and introducing SIGINT teams to what HLT analytics can do today and to what is still needed to make this technology a game-changing success,” the memo reads.
Extent of Domestic Use Remains Unknown
What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.”
The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”
Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.
“The National Security Agency employs a variety of technologies in the course of its authorized foreign-intelligence mission,” spokesperson Vanee’ Vines wrote in an email to The Intercept. “These capabilities, operated by NSA’s dedicated professionals and overseen by multiple internal and external authorities, help to deter threats from international terrorists, human traffickers, cyber criminals, and others who seek to harm our citizens and allies.”
Vines did not respond to the specific questions about privacy protections in place related to the processing of domestic or domestic-to-international voice communications. But she wrote that “NSA always applies rigorous protections designed to safeguard the privacy not only of U.S. persons, but also of foreigners abroad, as directed by the President in January 2014.”
“I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept.
His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.
“We went to the intelligence community and asked them to declassify a significant amount of material,” he said. The “vast majority” of that material was declassified, he said. But not all — including “facts that we thought could be declassified without compromising national security.”
Hypothetically, Medine said, the ability to turn voice into text would raise significant privacy concerns. And it would also raise questions about how the intelligence agencies “minimize” the retention and dissemination of material— particularly involving U.S. persons — that doesn’t include information they’re explicitly allowed to keep.
“Obviously it increases the ability of the government to process information from more calls,” Medine said. “It would also allow the government to listen in on more calls, which would raise more of the kind of privacy issues that the board has raised in the past.”
“I’m not saying the government does or doesn’t do it,” he said, “just that these would be the consequences.”
A New Learning Curve
Speech recognition expert Bhiksha Raj likens the current era to the early days of the Internet, when people didn’t fully realize how the things they typed would last forever.
“When I started using the Internet in the 90s, I was just posting stuff,” said Raj, an associate professor at Carnegie Mellon University’s Language Technologies Institute. “It never struck me that 20 years later I could go Google myself and pull all this up. Imagine if I posted something on alt.binaries.pictures.erotica or something like that, and now that post is going to embarrass me forever.”
The same is increasingly becoming the case with voice communication, he said. And the stakes are even higher, given that the majority of the world’s communication has historically been conducted by voice, and it has traditionally been considered a private mode of communication.
“People still aren’t realizing quite the magnitude that the problem could get to,” Raj said. “And it’s not just surveillance,” he said. “People are using voice services all the time. And where does the voice go? It’s sitting somewhere. It’s going somewhere. You’re living on trust.” He added: “Right now I don’t think you can trust anybody.”
“Things aren’t ephemeral anymore,” Taipale told The Intercept. “We’re living in a world where many things that were fleeting in the analog world are now on the permanent record. The question then becomes: what are the consequences of that and what are the rules going to be to deal with those consequences?”
Realistically, Taipale said, “the ability of the government to search voice communication in bulk is one of the things we may have to live with under some circumstances going forward.” But there at least need to be “clear public rules and effective oversight to make sure that the information is only used for appropriate law-enforcement or national security purposes consistent with Constitutional principles.”
Ultimately, Taipale said, a system where computers flag suspicious voice communications could be less invasive than one where people do the listening, given the potential for human abuse and misuse to lead to privacy violations. “Automated analysis has different privacy implications,” he said.
But to Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, the distinction between a human listening and a computer listening is irrelevant in terms of privacy, possible consequences, and a chilling effect on speech.
“What people care about in the end, and what creates chilling effects in the end, are consequences,” he said. “I think that over time, people would learn to fear computerized eavesdropping just as much as they fear eavesdropping by humans, because of the consequences that it could bring.”
Indeed, computer listening could raise new concerns. One of the internal NSA memos from 2006 says an “important enhancement under development is the ability for this HLT capability to predict what intercepted data might be of interest to analysts based on the analysts’ past behavior.”
Citing Amazon’s ability to not just track but predict buyer preferences, the memo says that an NSA system designed to flag interesting intercepts “offers the promise of presenting analysts with highly enriched sorting of their traffic.”
To Phillip Rogaway, a professor of computer science at the University of California, Davis, keyword-search is probably the “least of our problems.” In an email to The Intercept, Rogaway warned that “When the NSA identifies someone as ‘interesting’ based on contemporary NLP [Natural Language Processing] methods, it might be that there is no human-understandable explanation as to why beyond: ‘his corpus of discourse resembles those of others whom we thought interesting’; or the conceptual opposite: ‘his discourse looks or sounds different from most people’s.’”
If the algorithms NSA computers use to identify threats are too complex for humans to understand, Rogaway wrote, “it will be impossible to understand the contours of the surveillance apparatus by which one is judged. All that people will be able to do is to try your best to behave just like everyone else.”
EFF sued the Department of Justice (DOJ) on the 10th anniversary of the signing of the USA PATRIOT Act in October 2011 for answers about “secret interpretations” of a controversial section of the law. In June 2013, a leaked FISA court order publicly revealed that “secret interpretation”: the government was using Section 215 of the Patriot Act to collect the phone records of virtually every person in the United States.
Prior to the revelations, several senators warned that the DOJ was using Section 215 of the PATRIOT Act to support what government attorneys called a “sensitive collection program,” targeting large numbers of Americans. The language of Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation – a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns.
In response to a court order in our lawsuit, in September 2013, the government released hundreds of pages of previously secret FISA documents detailing the court’s interpretation of Section 215, including an opinion excoriating the NSA for misusing its mass surveillance database for years. In October 2013, the government released a second batch of documents related to Section 215, which showed, among other things, that the NSA had collected cell site location without notifying its oversight committees in Congress or the FISA court.
EFF’s lawsuit came after the DOJ failed to respond to a Freedom of Information Act (FOIA) request on the interpretation and use of Section 215. The suit demanded records describing the types of “tangible things” that have been collected so far, the legal basis for the “sensitive collection program,” and information on the how many people have been affected by Section 215 orders.
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1]PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]
History
Slide showing that much of the world’s communications flow through the US
Details of information collected via PRISM
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]
Slide listing companies and the date that PRISM collection began
Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13]The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]
Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]
Response from United States government
Executive branch
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]
Legislative branch
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]
Representative John Boehner (R-OH), Speaker of the House of Representatives
June 11 “He’s a traitor”[50] (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]
Senator Mark Udall (D-CO)
June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]
Representative Todd Rokita (R-IN)
June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]
Senator Rand Paul (R-KY)
June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]
Representative Luis Gutierrez (D-IL)
June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]
Judicial branch
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]
Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]
Involvement of other countries
Australia
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]
Canada
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]
Germany
Germany did not receive any raw PRISM data, according to a Reuters report.[59]
Israel
Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
New Zealand
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]
United Kingdom
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]
Domestic response
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)
The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]
International response
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]
Russia has offered to consider an asylum request from Edward Snowden.[91]
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]
Background
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]
History
Slide showing that much of the world’s communications flow through the US.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]
Technology
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]
The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
the Government Communications Headquarters of the United Kingdom,
the National Security Agency of the United States,
the Communications Security Establishment of Canada,
the Defence Signals Directorate of Australia, and
the Government Communications Security Bureau of New Zealand.
the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]
Capabilities
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]
Controversy
See also: Industrial espionage
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
Hardware
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]
Name
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]
Ground stations
The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
Hong Kong (since closed)
Australian Defence Satellite Communications Station (Geraldton, Western Australia)
Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
Misawa Air Base (Japan) Map
GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
Sugar Grove (West Virginia, U.S.) Map
Yakima Training Center (Washington, U.S.) Map
GCSB Waihopai (New Zealand)
GCSB Tangimoana (New Zealand)
CFS Leitrim (Ontario, Canada)
Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
Ayios Nikolaos (Cyprus – U.K.)
BadAibling Station (BadAibling, Germany – U.S.)
relocated to Griesheim in 2004[19]
deactivated in 2008[20]
Buckley Air Force Base (Aurora, Colorado)
Fort Gordon (Georgia, U.S.)
Gander (Newfoundland & Labrador, Canada)
Guam (Pacific Ocean, U.S.)
Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]
Description
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
Lawsuit
Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]
More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security.[7] The data mostly comes from the NSA, FBI, CIA, as well as other government sources.[7]
Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
President George W. Bush gestures as he addresses an audience Wednesday, July 20, 2005 at the Port of Baltimore in Baltimore, Md., encouraging the renewal of provisions of the Patriot Act.
The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United StatesCongress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title’s provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.
Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights.
The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with “Crimes and Criminal Procedure“. It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies’ powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.
Two sections dealt with the interception of communications by the United States government.
Section 201 is titled Authority to intercept wire, oral, and electronic communications relating to terrorism. This section amended 18 U.S.C.§ 2516 (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency.
The Attorney General’s subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General.
The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by 18 U.S.C.§ 2332):
Section 202 is titled Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses, and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.[3][4]
Section 203: Authority to share criminal investigative information
Section 203 (Authority to share criminal investigation information) modified the Federal Rules of Criminal Procedure with respect to disclosure of information before the grand jury (Rule 6(e)). Section 203(a) allowed the disclosure of matters in deliberation by the grand jury, which are normally otherwise prohibited, if:
a court orders it (before or during a judicial proceeding),
a court finds that there are grounds for a motion to dismiss an indictment because of matters before the Grand Jury,
if the matters in deliberation are made by an attorney for the government to another Federal grand jury,
an attorney for the government requests that matters before the grand jury may reveal a violation of State criminal law,
the matters involve foreign intelligence or counterintelligence or foreign intelligence information. Foreign intelligence and counterintelligence was defined in section 3 of the National Security Act of 1947,[5] and “foreign intelligence information” was further defined in the amendment as information about:
an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage or international terrorism by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
information about a foreign power or foreign territory that relates to the national defense or the security of the United States or the conduct of the foreign affairs of the United States.’.
information about non-U.S. and U.S. citizens
203(a) gave the court the power to order a time within which information may be disclosed, and specified when a government agency may use information disclosed about a foreign power. The rules of criminal procedure now state that “within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.”
Section 203(b) modified 18 U.S.C.§ 2517, which details who is allowed to learn the results of a communications interception, to allow any investigative or law enforcement officer, or attorney for the Government to divulge foreign intelligence, counterintelligence or foreign intelligence information to a variety of Federal officials. Specifically, any official who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from this could divulge this information to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The definition of “foreign intelligence” was the same as section 203(a), with the same ability to define “foreign intelligence” to be intelligence of a non-U.S. and U.S. citizen. The information received must only be used as necessary in the conduct of the official’s official duties.[6]
The definition of “foreign intelligence information” is defined again in Section 203(d).
Section 203(c) specified that the Attorney General must establish procedures for the disclosure of information due to 18 U.S.C.§ 2517 (see above), for those people who are defined as U.S. citizens.[7]
Section 204: Limitations on communication interceptions
Section 204 (Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication) removed restrictions from the acquisition of foreign intelligence information from international or foreign communications. It was also clarified that the Foreign Intelligence Surveillance Act of 1978 should not only be the sole means of electronic surveillance for just oral and wire intercepts, but should also include electronic communication.[8][9]
Section 205: Employment of translators by the FBI
Under section 205 (Employment of translators by the Federal Bureau of Investigation), the Director of the Federal Bureau of Investigation is now allowed to employ translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. However, he must report to the House Judiciary Committee and Senate Judiciary Committee the number of translators employed and any legal reasons why he cannot employ translators from federal, state, or local agencies.[10]
Section 206: Roving surveillance authority
The Foreign Intelligence Surveillance Act of 1978[11] allows an applicant access to all information, facilities, or technical assistance necessary to perform electronic surveillance on a particular target. The assistance given must protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. The direction could be made at the request of the applicant of the surveillance order, by a common carrier, landlord, custodian or other specified person. Section 206 (Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978) amended this to add:
or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a particular person.
This allows intelligence agencies to undertake “roving” surveillance: they do not have to specify the exact facility or location where their surveillance will be done. Roving surveillance was already specified for criminal investigations under 18 U.S.C.§ 2518(11), and section 206 brought the ability of intelligence agencies to undertake such roving surveillance into line with such criminal investigations. However, the section was not without controversy, as James X. Dempsey, the Executive Director of the Center for Democracy & Technology, argued that a few months after the Patriot Act was passed the Intelligence Authorization Act was also passed that had the unintended effect of seeming to authorize “John Doe” roving taps — FISA orders that identify neither the target nor the location of the interception (see The Patriot Debates, James X. Dempsey debates Paul Rosenzweig on section 206).[12]
Section 207: Duration of FISA surveillance on agents of a foreign powe
Previously FISA only defined the duration of a surveillance order against a foreign power (defined in 50 U.S.C.§ 1805(e)(1)) . This was amended by section 207 (Duration of FISA surveillance of non-United States persons who are agents of a foreign power) to allow surveillance of agents of a foreign power (as defined in section 50 U.S.C.§ 1801(b)(1)(A)) for a maximum of 90 days. Section 304(d)(1) was also amended to extend orders for physical searches from 45 days to 90 days, and orders for physical searches against agents of a foreign power are allowed for a maximum of 120 days. The act also clarified that extensions for surveillance could be granted for a maximum of a year against agents of a foreign power.[13]
Section 208: Designation of judges
Section 103(A) of FISA was amended by Section 208 (Designation of judges) of the Patriot Act to increase the number of federal district court judges who must now review surveillance orders from seven to 11. Of these, three of the judges must live within 20 miles (32 km) of the District of Columbia.[14]
Section 209: Seizure of voice-mail messages pursuant to warrants
Section 209 (Seizure of voice-mail messages pursuant to warrants) removed the text “any electronic storage of such communication” from title 18, section 2510 of the United States Code. Before this was struck from the Code, the U.S. government needed to apply for a title III wiretap order[15] before they could open voice-mails, however now the government only need apply for an ordinary search. Section 2703, which specifies when a “provider of electronic communication services” must disclose the contents of stored communications, was also amended to allow such a provider to be compelled to disclose the contents via a search warrant, and not a wiretap order. According to Vermont senator Patrick Leahy, this was done to “harmonizing the rules applicable to stored voice and non-voice (e.g., e-mail) communications”.[16][17]
Section 210 & 211: Scope of subpoenas for records of electronic communications
The U.S. Code specifies when the U.S. government may require a provider of an electronic communication service to hand over communication records.[18] It specifies what that provider must disclose to the government,[19] and was amended by section 210 (Scope of subpoenas for records of electronic communications) to include records of session times and durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used, even if this may only be temporary. For instance, this would include temporarily assigned IP addresses, such as those established by DHCP.[20]
Section 211 (Clarification of scope) further clarified the scope of such orders. 47 U.S.C.§ 551 (Section 631 of the Communications Act of 1934) deals with the privacy granted to users of cable TV. The code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of records revealing cable subscriber selection of video programming from a cable operator.[21]
Section 212: Emergency disclosure of electronic communications
Section 212 (Emergency disclosure of electronic communications to protect life and limb) amended the US Code to stop a communications provider from providing communication records (not necessarily relating to the content itself) about a customer’s communications to others.[22] However, should the provider reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person then the communications provider can now disclose this information. The act did not make clear what “reasonably” meant.
A communications provider could also disclose communications records if:
a court orders the disclosure of communications at the request of a government agency (18 U.S.C.§ 2703)
the customer allows the information to be disclosed
if the service provider believes that they must do so to protect their rights or property.
Section 213 (Authority for delaying notice of the execution of a warrant) amended the US Code to allow the notification of search warrants[24] to be delayed.[25] This section has been commonly referred to as the “sneak and peek” section, a phrase originating from the FBI[citation needed] and not, as commonly believed, from opponents of the Patriot Act. The U.S. government may now legally search and seize property that constitutes evidence of a United States criminal offense without immediately telling the owner. The court may only order the delayed notification if they have reason to believe it would hurt an investigation — delayed notifications were already defined in 18 U.S.C.§ 2705 — or, if a search warrant specified that the subject of the warrant must be notified “within a reasonable period of its execution,” then it allows the court to extend the period before the notification is given, though the government must show “good cause”. If the search warrant prohibited the seizure of property or communications, then the search warrant could then be delayed.
Section 214: Pen register and trap and trace authority
FISA was amended by section 214 (Pen register and trap and trace authority under FISA) to clarify that pen register and trap and trace surveillance can be authorised to allow government agencies to gather foreign intelligence information.[27] Where the law only allowed them to gather surveillance if there was evidence of international terrorism, it now gives the courts the power to grant trap and traces against:
non-U.S. citizens.
those suspected of being involved with international terrorism,
those undertaking clandestine intelligence activities
Section 215: Access to records and other items under FISA
This section is commonly referred to as the “library records” provision[29] because of the wide range of personal material that can be investigated.[30][31]
FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official’s rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by “tangible things”: it includes “books, records, papers, documents, and other items”.
It is specified that any such investigation must be conducted in accordance with guidelines laid out in Executive Order 12333 (which pertains to United States intelligence activities). Investigations must also not be performed on U.S. citizens who are carrying out activities protected by the First Amendment to the Constitution of the United States.
Any order that is granted must be given by a FISA court judge or by a magistrate judge who is publicly designated by the Chief Justice of the United States to allow such an order to be given. Any application must prove that it is being conducted without violating the First Amendment rights of any U.S. citizens. The application can only be used to obtain foreign intelligence information not concerning a U.S. citizen or to protect against international terrorism or clandestine intelligence activities.
This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.
The section carries a gag order stating that “No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section”. Senator Rand Paul stated that the non-disclosure is imposed for one year,[32] though this is not explicitly mentioned in the section.
In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in “good faith” from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.
During a House Judiciary hearing on domestic spying on July 17, 2013 John C. Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations.[34] “Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.[34][35] NSA officials had said previously that data mining was limited to two hops, but Inglis suggested that the Foreign Intelligence Surveillance Court has allowed for data analysis extending “two or three hops”.[36]
Section 216: Authority to issue pen registers and trap and trace devices[edit]
Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.
Limitations
18 U.S.C.§ 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.
Making and carrying out orders
It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance. If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual.
If a pen register or trap and trace device is used on a packet-switched data network, then the agency doing surveillance must keep a detailed log containing:
any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
the configuration of the device at the time of its installation and any subsequent modification made to the device; and
any information which has been collected by the device
This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device. This must be done within 30 days after termination of the order.
Orders must now include the following information:[37]
the identifying number of the device under surveillance
the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied
if a trap and trace device is installed, the geographic limits of the order must be specified
This section amended the non-disclosure requirements of 18 U.S.C.§ 3123(d)(2) by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.
Definitions
The following terms were redefined in the US Code’s chapter 206 (which solely deals with pen registers and trap and trace devices):
Court of competent jurisdiction: defined in 18 U.S.C.§ 3127(2), subparagraph A was stricken and replaced to redefine the court to be any United States district court (including a magistrate judge of such a court) or any United States court of appeals havingjurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices)
Pen register: defined in 18 U.S.C.§ 3127(3), the definition of such a device was expanded to include a device that captures dialing, routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. 18 U.S.C.§ 3124(b) was also similarly amended.
Trap and trace device: defined in 18 U.S.C.§ 3127(4), the definition was similarly expanded to include the dialing, routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a “process”, not just a device.
Contents:18 U.S.C.§ 3127(1) clarifies the term “contents” (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in 18 U.S.C.§ 2510(8), which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Section 217: Interception of computer trespasser communications
Section 217 (Interception of computer trespasser communications) firstly defines the following terms:
Protected computer: this is defined in 18 U.S.C.§ 1030(e)(2)(A), and is any computer that is used by a financial institution or the United States Government or one which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
Computer trespasser: this is defined in 18 U.S.C.§ 2510(21) and references to this phrase means
a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer
Amendments were made to 18 U.S.C.§ 2511(2) to make it lawful to allow a person to intercept the communications of a computer trespasser if
the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
the person is lawfully engaged in an investigation,
the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
any communication captured can only relate to those transmitted to or from the computer trespasser.
Section 218: Foreign intelligence information
Section 218 (Foreign intelligence information) amended 50 U.S.C.§ 1804(a)(7)(B) and 50 U.S.C.§ 1823(a)(7)(B) (both FISA sections 104(a) (7)(B) and section 303(a)(7)(B), respectively) to change “the purpose” of surveillance orders under FISA to gain access to foreign intelligence to “significant purpose”. Mary DeRosa, in The Patriot Debates, explained that the reason behind this was to remove a legal “wall” which arose when criminal and foreign intelligence overlapped. This was because the U.S. Department of Justice interpreted “the purpose” of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says “was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases”. However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that “the Department of Justice argued to the FISA Court of Review in 2002 that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section 218 somewhat murky.”[38]
Section 219: Single-jurisdiction search warrants for terrorism
Section 219 (Single-jurisdiction search warrants for terrorism) amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district.[39]
Section 220: Nationwide service of search warrants for electronic evidence
Section 220 (Nationwide service of search warrants for electronic evidence) gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance. However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U.S.C.§ 2703 and 18 U.S.C.§ 2711.
Section 221: Trade sanctions
Section 221 (Trade sanctions) amended the Trade Sanctions Reform and Export Enhancement Act of 2000.[40] This Act prohibits, except under certain specific circumstances, the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction.[41] It also amended the act to include the Taliban as state sponsors of international terrorism. In amending Title IX, section 906 of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government.[42] However, the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea were exempt from such a restriction.[43]
The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:
any foreign entity or individual who is subject to any restriction for involvement in weapons of mass destruction or missile proliferation.
Section 222: Assistance to law enforcement agencies
Section 222 (Assistance to law enforcement agencies) states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act. It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.[47]
Section 223: Civil liability for certain unauthorized disclosures
18 U.S.C.§ 2520(a) allows any person who has had their rights violated due to the illegal interception of communications to take civil action against the offending party. Section 223 (Civil liability for certain unauthorized disclosures) excluded the United States from such civil action.
If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter 119 of the U.S. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action.[48]
A citizen’s rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in 18 U.S.C.§ 2517(a).[49]
U.S. Code Title 18, Section 2712 added
A totally new section was appended to Title 18, Chapter 121 of the US Code: Section 2712, “Civil actions against the United States”. It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter 121,chapter 119, or sections 106(a), 305(a), or 405(a) of FISA. The court may assess damages no less than $US10,000 and litigation costs that are reasonably incurred. Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act.
Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation. All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party.[50]
If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this “where such disclosure is necessary to make an accurate determination of the legality of the surveillance”.[50] If it then determined that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the result of such surveillance may be suppressed as evidence. However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.[51]
It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter 121 of the U.S. Code they will request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. (see[49] for a similar part of the Act)
Section 224: Sunset
This article is outdated. Please update this article to reflect recent events or newly available information.(November 2010)
Section 224 (Sunset) is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, 2005, with the exception of the below sections. However, on December 22, 2005, the sunset clause expiration date was extended to February 3, 2006, and then on February 2, 2006 it was further extended to March 10:
Title II sections that did not expire on March 10, 2006
Section
Section title
203(a)
Authority to share criminal investigation information : Authority to share Grand Jury information
203(c)
Authority to share criminal investigation information : Procedures
205
Employment of translators by the Federal Bureau of Investigation
208
Designation of judges
210
Scope of subpoenas for records of electronic communications
211
Clarification of scope
213
Authority for delaying notice of the execution of a warrant
216
Modification of authorities relating to use of pen registers and trap and trace devices
219
Single-jurisdiction search warrants for terrorism
221
Trade sanctions
222
Assistance to law enforcement agencies
Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.
Section 225: Immunity for compliance with FISA wiretap[edit]
Section 225 (Immunity for compliance with FISA wiretap) gives legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance. This was added to FISA as section 105 (50 U.S.C.§ 1805).
Jump up^18 U.S.C.§ 3103a(a) states that “a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”
Jump up^This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
Jump up^This is defined in Executive Order No. 13224: “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism”
Story 1: The Mass Extinction of The Iran Nuclear Weapons Program — There Time Is Up — Celebrate Independence Day, July 4, 2015 With A Joint United States and Israel Air Strike Destroying All of Iran’s Nuclear Weapons Related Capability — All We Are Asking Is Give Bombing A Chance — Just Do It! — Corker Bill Is An April Fool’s Joke Or Corker Con Job On The American People — Shame On The US Senate Trashing The Treaty Clause of U.S. Constitution — Vote The Republican Traitors Including Bob Corker Out of Office! — Profiles in Deceit — Videos
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The Corker Bill Isn’t a Victory — It’s a Constitutional Perversion
by ANDREW C. MCCARTHY
As the Framers knew, we are unlikely to outgrow human nature. So what happens when we decide we’ve outgrown a Constitution designed to protect us from human nature’s foibles?
The question arises, yet again, thanks to Senator Bob Corker. The Tennessee Republican, chairman of the Foreign Relations Committee, is author — along with Robert Menendez (D., N.J.) and Lindsey Graham (R., S.C.) — of a ballyhooed bipartisan bill that is being touted as the derailment of President Obama’s plan to trample congressional prerogatives en route to a calamitous “deal” that will facilitate jihadist Iran’s nuclear-weapons ambitions. (I use scare-quotes because the so-called deal is still a work in regress.)
So guess who now supports this stalwart congressional resistance to our imperial president? Why none other than . . . yes . . . Barack Obama! You think maybe, just maybe, the Corker bill isn’t quite what it’s cracked up to be? You’d be right. When you read the legislation, it becomes apparent that Senator Corker is simply channeling his inner Mitch McConnell.
Back in 2011, the Senate’s then-minority leader was flummoxed by the national debt. No, not by its enormous size. Afraid of being lambasted by the media for slowing the gravy train, he wanted to help Obama raise the debt by many additional trillions of dollars; but equally fearing the wrath of those who’d elected him precisely to slow the gravy train, he wanted to appear as a staunch opponent of such profligacy.
Senator McConnell’s problem was that meddlesome Constitution. On the theory that government borrowing and spending are best controlled by the elected officials most directly accountable to the taxpayers who foot the bill, the Constitution gives Congress, not the president, ultimate power over the debt.
This is inconsistent, of course, with a scheme to impose more crushing debt on the country without being held accountable for it. Consequently, the Constitution was thrown overboard.
McConnell and other GOP leaders hatched a plan under which Obama would appear to raise the debt unilaterally. Congress could then respond with a “resolution of disapproval.” As McConnell knew, either Democrats would defeat the resolution or Obama would veto it. That was $4 trillion ago. McConnell’s chicanery gave big-spending Republicans a windfall: They succeeded in extending our tapped-out country’s credit line but still managed to vote against the extension — i.e., they could tell the voters back home that they opposed something that actually could not have happened without their support.
American taxpayers did not fare quite as well. We are now on the hook for $18 trillion, soon to be several trillion more. If, as is inevitable, interest rates begin to approach modest historical norms, the government’s budget will be consumed by debt service. Our nation, having taken on lavish obligations of social welfare and global defense, will face a crisis that is at least transformative, if not existential.
A nuclear Iran would be a threat that is similarly transformative. To know that, we need only listen to the White House tut-tutting about how “unrealistic” it would be to expect the mullahs to renounce their support for terrorism in exchange for sanctions relief.
In Washington, you see, insisting that Iran act like a normal country is nutter stuff, but trusting Iran to enrich uranium only for peaceful purposes is totally logical. MORE IRAN COULD U.S. WEAKNESS INVITE UNPLANNED MILITARY CONFRONTATION WITH IRAN? CONGRESS SHOULD TRY TO KILL THE IRAN DEAL NOW DEM REP. SAYS IRANIAN ‘DEATH TO AMERICA’ CHANTS COULD BE READ IN ‘A COUPLE OF WAYS’
So Beltway Republicans are ready to put up a fight, right? About as much of a fight, it seems, as they were ready to make against mounting debt.
Cravenly elevating their own political interest over the national interest, many on the GOP side of the political class calculate that it is more important to avoid blame for frustrating Obama — this time, on his delusional Iran deal — than to succeed in actually frustrating Obama. But alas, that annoying Constitution is again an obstacle to shirking accountability. It does not empower the president to make binding agreements with foreign countries all on his own — on the theory that the American people should not take on enforceable international obligations or see their sovereignty compromised absent approval by the elected representatives most directly accountable to them.
Thus, the Constitution mandates that no international agreement can be binding unless it achieves either of two forms of congressional endorsement: a) super-majority approval by two-thirds of the Senate (i.e., 67 aye votes), or b) enactment through the normal legislative process, meaning passage by both chambers under their burdensome rules, then signature by the president.
The Corker bill is a ploy to circumvent this constitutional roadblock. That is why our post-sovereign, post-constitutional president has warmed to it.
Because it would require the president to submit any Iran deal to Congress, it is drawing plaudits for toughness. But like McConnell’s debt legerdemain, it’s a con job. Once the deal is submitted, Congress would have 60 days (or perhaps as few as 30 days) to act. If within that period both houses of Congress failed to enact a resolution of disapproval, the agreement would be deemed legally binding — meaning that the sanctions the Iranian regime is chafing under would be lifted. As Corker, other Republican leaders, and the president well know, passage of a resolution of disapproval — even if assured in the House with its commanding Republican majority — could be blocked by the familiar, lockstep parliamentary maneuvering of just 40 Senate Democrats. More significantly, even if enacted in the Senate, the resolution would be vetoed by Obama. As with the resolutions of disapproval on debt increases, it is nearly inconceivable that Obama’s veto would be overridden.
To summarize, the Constitution puts the onus on the president to find 67 Senate votes to approve an international agreement, making it virtually impossible to ratify an ill-advised deal. The Corker bill puts the onus on Congress to muster 67 votes to block an agreement. Under the Constitution, Obama’s Iran deal would not have a prayer. Under the Corker bill, it would sail through. And once again, it would be Republicans first ensuring that self-destruction is imposed on us, then striking the pose of dogged opponents by casting futile nay votes.
This is not how our system works. Congress is supposed to make the laws we live under. It is the first branch of government, not a rubber-stamping Supreme Soviet. We seem to have forgotten that the point of the Constitution is not to accomplish great things; it is to prevent government from doing overbearing or destructive things. The achievement of great things was left to the genius and ambition of free people confronting challenges without stifling constraints.
The Constitution’s constraints can indeed be stifling. Quite intentionally so: They are there to prevent legacy-hunting ideologues and feckless fixers from rolling the dice with our lives.
That a lawless president would undertake to eviscerate these constraints is to be expected. But is he really much worse than an entrenched political class that anxiously forfeits its powers to stop him?
The Barack Obama administration has estimated for years that Iran was at most three months away from enriching enough nuclear fuel for an atomic bomb. But the administration only declassified this estimate at the beginning of the month, just in time for the White House to make the case for its Iran deal to Congress and the public.
Speaking to reporters and editors at our Washington bureau on Monday, Energy Secretary Ernest Moniz acknowledged that the U.S. has assessed for several years that Iran has been two to three months away from producing enough fissile material for a nuclear weapon. When asked how long the administration has held this assessment, Moniz said: “Oh quite some time.” He added: “They are now, they are right now spinning, I mean enriching with 9,400 centrifuges out of their roughly 19,000. Plus all the . . . . R&D work. If you put that together it’s very, very little time to go forward. That’s the 2-3 months.”
Brian Hale, a spokesman for the Office of the Director of National Intelligence, confirmed to me Monday that the two-to-three-month estimate for fissile material was declassified on April 1.
Here is the puzzling thing: When Obama began his second term in 2013, he sang a different tune. He emphasized that Iran was more than a year away from a nuclear bomb, without mentioning that his intelligence community believed it was only two to three months away from making enough fuel for one, long considered the most challenging task in building a weapon. Today Obama emphasizes that Iran is only two to three months away from acquiring enough fuel for a bomb, creating a sense of urgency for his Iran agreement.
Back in 2013, when Congress was weighing new sanctions on Iran and Obama was pushing for more diplomacy, his interest was in tamping down that sense of urgency. On the eve of a visit to Israel, Obama told Israel’s Channel Two, “Right now, we think it would take over a year or so for Iran to actually develop a nuclear weapon, but obviously we don’t want to cut it too close.”
On Oct. 5 of that year, Obama contrasted the U.S. view of an Iranian breakout with that of Israel’s prime minister, Benjamin Netanyahu, who at the time said Iran was only six months away from nuclear capability. Obama told the Associated Press, “Our assessment continues to be a year or more away. And in fact, actually, our estimate is probably more conservative than the estimates of Israeli intelligence services.”
Ben Caspit, an Israeli journalist and columnist for Al-Monitor, reported last year that Israel’s breakout estimate was also two to three months away.
A year ago, after the nuclear talks started, Secretary of State John Kerry dropped the first hint about the still-classified Iran breakout estimate. He told a Senate panel, “I think it is fair to say, I think it is public knowledge today, that we are operating with a time period for a so-called breakout of about two months.”
David Albright, a former weapons inspector and president of the Institute for Science and International Security, told me administration officials appeared to be intentionally unspecific in 2013, when the talking points used the 12-months-plus timeline. “They weren’t clear at all about what this one-year estimate meant, but people like me who said let’s break it down to the constituent pieces in terms of time to build a bomb were rebuffed,” he said. Albright’s group released its own breakout timetable that focused solely on the production of highly enriched uranium, not the weapon itself. It concluded Iran was potentially less than a month away.
When USA Today asked a spokeswoman for the National Security Council about Albright’s estimate, she responded that the intelligence community maintained a number of estimates for how long Iran would take to produce enough material for a weapon.
“They have made it very hard for those of us saying, let’s just focus on weapons-grade uranium, there is this shorter period of time and not a year,” Albright told me. “If you just want a nuclear test device to blow up underground, I don’t think you need a year.”
This view is supported by a leaked document from the International Atomic Energy Agency, first published by the Associated Press in 2009. Albright’s group published excerpts from the IAEA assessment that concluded Iran “has sufficient information to be able to design and produce a workable implosion nuclear device based upon (highly enriched uranium) as the fission fuel.”
Kenneth Pollack, a former CIA analyst who is now an Iran expert at the Brookings Institution, told me that most of the technical estimates about an Iranian breakout were not nearly as precise as they are sometimes portrayed in the press. “The idea there is such a thing as a hard and fast formula for this is nonsense,” he said. “All the physicists come up with different answers depending on what inputs they use.”
In this way, Obama’s new, more alarmist figure of two to three months provides a key selling point for the framework reached this month in Switzerland. When Obama announced the preliminary agreement on April 2, he said one benefit was that if it were finalized, “even if it violated the deal, for the next decade at least, Iran would be a minimum of a year away from acquiring enough material for a bomb.”
Hence the frustration of Representative Devin Nunes, the Republican chairman of the House Permanent Select Committee on Intelligence. “We’ve been researching their claim that a deal would lengthen the breakout time for Iran from two to three months to a year,” he told me of the administration. “We’re just trying to confirm any of their numbers and we can’t confirm or make sense of what they are referencing.”
Nunes should hurry. The Iranian nuclear deal is scheduled to breakout in less than three months.
Congress and White House strike deal on Iran legislation
A Senate committee voted unanimously Tuesday to give Congress the power to review a potential Iran nuclear deal after a June 30 negotiating deadline, in a compromise with the White House that allows President Obama to avoid possible legislative disapproval of the pact before it can be completed.
The bipartisan bill is likely to move quickly to the full Senate after the Foreign Relations Committee voted 19 to 0 to approve the measure. It would give Congress at least 30 days to consider an agreement after it was signed, before Obama could waive or suspend any congressionally mandated sanctions against Iran.
During that period, lawmakers could vote their disapproval of the agreement. Any such resolution would have to clear a relatively high bar to become law, requiring 60 votes to pass and 67, or two-thirds of the Senate, to override a presidential veto.
The compromise avoided a potentially destructive showdown between the White House and Congress, as well as a possible free-for-all of congressional action that Obama has said could derail the negotiations while they are underway. It followed extensive administration lobbying on Capitol Hill, including phone calls from Obama and a closed-door Senate meeting Tuesday morning with Secretary of State John F. Kerry and other senior officials.
While the administration was “not particularly thrilled” by the final result, White House press secretary Josh Earnest said before the vote, it was “the kind of compromise that the president would be willing to sign.”
Congress and White House strike deal on Iran legislation deal(1:09)
Republicans and Democrats on the Senate Foreign Relations Committee reached a compromise Tuesday on a bill that would give Congress a say on any deal to curb Iran’s nuclear program. (AP)
In passing the legislation, Foreign Relations Committee Chairman Bob Corker (R-Tenn.) hailed the “true emergence” of bipartisanship on a crucial foreign policy issue, and he congratulated Congress for approving sanctions legislation in the first place that “brought Iran to the negotiating table.”
“Despite opposition from the White House all along,” Corker said in a statement released after the vote, he was proud of unanimous committee support for a measure that “will ensure the American people — through their elected representatives — will have a voice on any final deal with Iran, if one is reached.”
Responding to Jack Goldsmith on the Corker Bill & the Nature of Obama’s Iran Deal
by ANDREW C. MCCARTHY April 20, 2015 12:24 PM
I have great respect and admiration for Jack Goldsmith, especially when it comes to his mastery of international law and its complex interplay with constitutional law. At the Lawfare blog, Professor Goldsmith has penned a thoughtful critique of my weekend column, in which I objected to the Corker bill – the legislation proposed by Senator Bob Corker (R., Tenn.) and others that would govern congressional review of President Obama’s anticipated executive agreement on Iran’s nuclear program. Goldsmith claims that I have distorted both the Corker bill and the Constitution. Goldsmith and I have a fundamental disagreement about what Obama’s Iran deal is intended to accomplish – and as I shall explain, this is a situation where the de facto has to take precedence over the de jure. But let me state upfront that I do not question that the president (as I have argued many times) has plenary authority over the conduct of foreign affairs and that, as Thomas Jefferson opined, exceptions to that principle must be narrowly construed. Nor do I, as Goldsmith implies, blame the Corker bill for any deficiencies in the current statutory regiment of Iran sanctions. Indeed, I have argued that the president’s waivers of Iran sanctions are different in kind from, to take some prominent examples, his waivers of Obamacare provisions and of certain enforcement aspects of the federal immigration and narcotics laws. The latter are lawless (though the administration attempts to rationalize them by an untenable interpretation of the prosecutorial discretion doctrine). The former are entirely lawful and written into the sanctions bills themselves. The problem for Obama is that his sanctions waivers cannot be permanent – the pertinent statutes do not allow for that. (I use the word permanent advisedly. The word binding, which I might otherwise use, has a legal connotation that, as we shall see, can be confusing here.) That is, there are statutory sanctions that would apply to the Iranian government and (mainly) entities that do business for or with it if the president had not waived those sanctions; the statutes that prescribe the sanctions enable the president to waive them for fixed terms; they do not enable the president to provide permanent sanctions relief. That is a central issue in the administration’s negotiations with Iran (which are taking place within in the P5 + 1 framework – but obviously the U.S. is the principal player). Iran wants permanent sanctions relief. The president wants to give the regime permanent sanctions relief, but he does not have that authority. This, I think, moves us toward the nub of my disagreement with Goldsmith. He argues: the agreement the President is negotiating with Iran is by design not legally binding under international law and thus does not even implicate the domestic constitutional framework for approving binding international agreements. [Emphasis in original.] I have never suggested that the Constitution prevents presidents from making executive agreements with other governments. (Indeed, I wrote favorably about the Cotton letter, which made exactly this point.) I thus agree, in the abstract, that the president’s merely making an agreement with Ayatollah Khamenei would not be de jure binding under international law. But this omits two critical, concrete facts applicable to this particular negotiation: (a) The only deal the Iranians are interested in is one that is permanent – regardless of whether it can be said to be legally binding – i.e., they want complete sanctions relief, regardless of whether it is by obtaining (1) a guarantee that the sanctions will not be re-imposed (if not by law then by an arrangement that makes “snap-back” of the sanctions illusory as a practical matter); or (2) a substantial payday just for signing the agreement that makes the possibility of re-imposition even more illusory. (b) Obama’s intention is to submit the deal he cuts with Iran to the U.N. Security Council, where it would be endorsed by a resolution. Now, you can say all you want that what the president is trying to accomplish here is not technically a “legally binding” international agreement that enjoins our government from re-imposing sanctions. But the practical reality is that Obama is crafting an agreement that is structured to give Iran the equivalent of permanent sanctions relief (by providing so many carrots now that the sticks will no longer matter) and to give other nations the grist to argue that the Security Council resolution makes the agreement binding even if it does not have binding effect under U.S. law. The Iranian foreign minister has already made that contention in response to the Cotton letter. And, as Obama calculates, even if the agreement is not “legally binding,” it becomes very difficult politically for the U.S. to take a contrary position once other nations have acted in reliance on a Security Council resolution (by lifting their own sanctions and conducting significant commerce with Iran). The way Goldsmith describes the president’s Iran negotiations and the Corker bill, one has to conclude that the ongoing debate about the former is much ado about nothing and that the latter is a complete waste of time. By Goldsmith’s lights, Obama is simply exercising the discretionary waiver authority he indisputably already has, and he is not trying to strike any sort of “binding” arrangement. One wonders why so much effort over something of such apparently fleeting consequence. And for Senator Corker’s part, his bill is not designed to do anything Congress could not already do in its absence: It can approve, disapprove or take no action on Obama’s deal, and whatever it chooses to do would be subject to his veto. So what’s the big deal? The big deal only becomes apparent if you acknowledge the reality of what Obama is trying to accomplish: Permanent lifting of the sanctions in conjunction with illusory restrictions that will pave Iran’s way to becoming a nuclear-weapons power despite current American law and U.N. resolutions designed to prevent Iran from becoming a nuclear-weapons power. Just as I do not believe the president is, in fact, only trying to make a non-binding agreement, I do not believe the Corker bill is a case of congressional idling. If the agreement is seen as, in effect, of such potentially lasting significance that it should be treated as a binding treaty, then the Constitution would require Obama to find 67 Senate votes to approve it. As I argued in the column, the Corker bill reverses this: requiring opponents of the agreement to find 67 votes to kill it. In effect, I take Goldsmith to be arguing that the Constitution’s treaty clause can be reduced to a nullity by simply calling an international pact an “executive agreement” rather than a “treaty.” As unappealing as that contention sounds, there is a good deal of history and practice to support it. This reflects a reality I’ve often addressed: We are more a political society than a legal one. The Constitution does not resolve with exactitude the division of authorities between the two political branches; nor does it vest the judiciary with clear authority to resolve inter-branch disputes. As a result, presidents trying to achieve particular results in particular circumstances, take whatever seems to be the path of least resistance. Sometimes Congress squawks, sometimes it doesn’t. When it does, there is debate over whether the agreement in question should be treated as a treaty, but I cannot say there is a firmly established legal test for when an agreement is so consequential that it must be treated as a treaty. I don’t think the framers intended it to be a legal determination – it’s a political one. On that score, I’ve pointed out that the framers assumed impeachment would be a real remedy if a president, in dealing with a foreign country, tried to do something dangerous or treacherous – especially if it involved cutting the Senate out of the loop. Over time, impeachment has become an illusory check on the president, so it should not surprise us that presidents are less concerned about offending Congress by proceeding unilaterally when they calculate there is little political risk in doing so. All that said, I do not contest, and never have, that there is constitutional license for the president, in his nearly plenary authority over international affairs, to make international agreements (which last only as long as the president chooses to honor the agreement). And Goldsmith is right that I don’t question congressional-executive agreements: If the president can make an executive agreement with another government, and Congress is persuaded to enact – by the normal process – any legislation necessary to implement the agreement, what is there to object to (as long as the agreement does not violate the constitutional rights of the states and individuals)? The treaty clause, however, is one of the most important, constitutionally explicit restraints on the president’s power over foreign policy. A transformative agreement that significantly impacts American sovereignty and the constitutional or statutory rights of Americans should go through the Constitution’s treaty process – and even a ratified treaty (much less an executive agreement) cannot trump the Constitution (as the Supreme Court held in Medellin v. Texas (2008)). One last point. Using an example of something I wrote several years ago in support of presidential authority to waive sanctions against countries that run afoul of U.S. prohibitions on trade with Iran, Goldsmith contends that I have reversed my position on presidential authority over foreign policy. I haven’t. As noted above, the sanctions-waivers we are actually dealing with here are authorized by statute, so this is not a situation where Congress has enacted sanctions that have no waiver provisions and that the president can attempt to trump only by relying on his constitutional authority over foreign affairs. But if we were in such a situation, I would argue that there are some things a president could unilaterally waive over Congress’s objection, and some that he could not. If Congress tried to impose sanctions directly on foreign governments, I think the president would have a very strong case. If Congress imposed sanctions on private corporations and individuals that did business with certain foreign governments, I think the president would have a less strong case – perhaps a lot less strong. It might also matter whether it was wartime or a time of some true national emergency. I believe, in any event, that it is out of deference to the president’s considerable constitutional authority over the conduct of foreign affairs that sanctions laws (and some other laws that implicate foreign affairs) contain explicit presidential waiver provisions. Congress does not want to provoke a constitutional dispute that may be detrimental to achieving policy ends that, very often, both political branches support. That is all the more reason, to my mind, that when an international agreement is of great consequence to American national security, the president should not provoke a constitutional dispute by attempting to act unilaterally. The president should treat the agreement as a treaty – and so should the Senate.
Story 1: President Obama — “Good Deal” for Islamic Republic of Iran, Shia, Russia, China — Bad Deal for United States, U.S. Allies Including NATO, Israel, Saudi Arabia, Jordan, Egypt and Sunnis — ‘If Iran cheats, the world will know’’ After Iran Has Nuclear Weapons — Deal Not Written nor Signed — Trust Terrorists? — — Chamberlain At Least Got A Written Signed Agreement From Hitler — Peace In Our Time — Time For Military Option: Destruction of Iran’s Nuclear Facitlites –The Road To World War 3 and Nuclear Proliferation — Videos
IF – Rudyard Kipling’s poem, recitation by Sir Michael Caine
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Rudyard Kipling’s “If”, a song by Six Elements
The most important quote from Obama’s Iran deal speech
There is one quote, buried in the middle of Obama’s Thursday address on the new Iran nuclear deal, that really captures his approach to what has become one of his key foreign policy priorities. It explains both why Obama wants this deal so badly — and how he’s planning to tackle the inevitable political fallout now that a basic framework for an agreement has been struck.
Here’s the passage:
When you hear the inevitable critics of the deal sound off, ask them a simple question: do you really think that this verifiable deal, if fully implemented backed by the world’s powers, is a worse option than the risk of another war in the Middle East?
The question, for Obama, isn’t whether this deal is perfect (though he clearly thinks it’s pretty good). It’s whether there are any alternatives that might be better. And the president, quite fundamentally, believes there aren’t.
Obama sees a deal with Iran as the least-worst option
As he said in the speech, Obama thinks there are only two possible alternatives to the deal that’s shaping up if the US wants to prevent Iran from getting a nuclear bomb. Either America could go to war with Iran, or it could withdraw from negotiations and hope sanctions would force Tehran to give up its hopes for a bomb.
The second option hasn’t worked so far. “Is [a deal] worse than doing what we’ve done for almost two decades with Iran moving with its nuclear program and without robust inspections?” he asked. “I think the answer will be clear.”
That leaves only one real alternative: war. Obama (along with most military experts) believes that war would delay Iran’s nuclear program at best. He believes, deeply and in his bones, that international inspections are a more effective way of stopping Iran from getting nukes — and that the consequences of war would be severe. This is, after all, a president who was elected on the basis of his opposition to the Iraq War.
This argument — that all of the alternatives to the deal are worse — also explains how Obama plans to handle the political challenges to the deal. At home, Republicans will vociferously oppose the deal. Israeli Prime Minister Benjamin Netanyahu, the leader of America’s closest ally in the Middle East, will do the same. Both believe Iran can’t be trusted, and appear to believe that terms of this agreement aren’t enough to ensure Iran won’t get a nuclear weapon.
Netanyahu and the Republicans are perhaps the most important of the “inevitable critics” Obama mentioned in his speech. His response to them is clear: what do you have that’s better? What is the credible alternative to what I’m doing, and how — specifically — could it prevent Iran from getting a bomb without taking us to war?
Or is it war you want?
This argument isn’t just an exercise in spin. If Congress chooses to pass new sanctions, and enough Democrats vote with Republicans to override Obama’s veto, it can kill the Iran deal. This line about alternatives is likely what the president and his aides will peddle to legislators, especially congressional Democrats tempted to side with Republicans, in the days to come.
Essentially, we’re about to get a test of whether enough Democrats share the president’s belief that “there is no alternative” to a deal — and whether that argument, together with partisanship and party loyalty, are enough to save the deal from the coming political fight.
Obama announces outlines of a nuclear deal: ‘If Iran cheats, the world will know’
By Juliet Eilperin
President Obama on Thursday announced a potentially historic nuclear agreement with the Islamic Republic of Iran, the culmination of intense negotiations between the United States, Iran and several world powers.
Speaking from the Rose Garden, Obama stressed that the deal — which none of the parties involved have yet formally agreed to — represented the best possible path to prevent Iran from acquiring a nuclear weapon.
“Sanctions alone could not stop Iran’s nuclear program, but they did help bring Iran to the negotiating table. Because of our diplomatic efforts, the world stood with us,” Obama said. “Today, after many months of tough principle diplomacy, we have achieved the framework for that deal.
“And it is a good deal, a deal that meets our core objectives,” the president added.
[Fact sheet from State Department: Parameters of plan on Iran nuclear program]
As part of the unprecedented framework, the Iranian government has agreed not to stockpile materials it could use to build a nuclear weapon. In exchange, the United States and several world powers have agreed to provide Iran with relief from certain sanctions placed on it by the international community.
The president said that sanctions placed on Iran “for its support of terrorism, its human rights abuses, its ballistic missile program” will remain in place.
Secretary of State John Kerry, speaking from Lausanne, Switzerland, said that the final agreement “will not rely on promises, it will rely on proof,” saying that diplomatic relations moving forward will depend on Iran’s compliance with the terms of the agreement.
Both the president and Kerry stressed that Iran will be under close scrutiny moving forward.
“If Iran cheats, the world will know it. If we see something suspicious, we will inspect it,” Obama said. “With this deal, Iran will face more inspections than any other country in the world. So, this will be a long-term deal that addresses each path to a potential Iranian nuclear bomb.”
President Obama has made the negotiations between Iran, six major world powers and the European Union a centerpiece of his foreign policy, investing any final outcome with major potential benefits and risks.
The pact came after an all-night work session that extended well past the talks’ original deadline of March 31. State Department spokeswoman Marie Harf tweeted Thursday afternoon, “For those keeping track, it’s 6am in Lausanne. That was truly an all-nighter.”
Iran, world powers agree on parameters of Iranian nuclear deal(3:01)
Negotiators from Iran and major world powers reached agreement on a framework for a final agreement to curb Tehran’s nuclear program in exchange for relief from international sanctions, participants in the talks said. (Yahoo News)
Obama had been slated to leave early Thursday afternoon to deliver an economic speech in Louisville, but remained in the White House as the deal in Lausanne, Switzerland coalesced.
Iranian President Hassan Rouhani tweeted just before 1 p.m. ET, “Solutions on key parameters of Iran #nuclear case reached. Drafting to start immediately, to finish by June 30th.”
Before coming out to speak Obama spoke separately with French President Francois Hollande, German Chancellor Angela Merkel and British Prime Minister David Cameron.
According to a statement released by the White House, “The leaders affirmed that while nothing is agreed until everything is agreed, the framework represents significant progress towards a lasting, comprehensive solution that cuts off all of Iran’s pathways to a bomb and verifiably ensures the peaceful nature of Iran’s nuclear program going forward.”
The president also called Saudi Arabian King Salman bin Abdul Aziz to discuss the agreement, and said during his speech he plans to call Israeli Prime Minister Benjamin Netanyahu later on Thursday.
As Obama’s motorcade made its way to Joint Base Andrews shortly after the speech large, cheering throngs stood along the route through the Mall and along the Tidal Basin. At 3:21 p.m. the motorcade arrived at Andrews Air Force Base, roughly three hours behind schedule, and the president jogged up the stairs to Air Force One as he prepared to take off on the flight to Kentucky.
Hitting the sweet spot: How many Iranian centrifuges?
Ariane Tabatabai
With the deadline for a comprehensive nuclear agreement between Iran and the P5+1 (China, France, the United Kingdom, the United States, Russia, and Germany) right around the corner, the negotiating parties are starting to reveal more of their cards in hopes of striking a deal. Along with the creative solutions that the West has put on the table, there are now reports about it showing more flexibility on what remains the talks’ key sticking point: enrichment.
News reports indicate that the current numbers of centrifuges that the two sides are discussing fall in the range of about 4,000 to 5,000 of the machines. This is the “sweet spot” for both sides, when it comes to how many centrifuges Iran can have for enriching uranium.
How far both sides have come. The negotiations surrounding Iran’s enrichment capacity would make any Iranian rug merchant haggling in the bazaar proud. Many in the West were pushing for a few hundred centrifuges. This past summer, Iran’sSupreme Leader Ayatollah Khamenei (link in Persian) stirred things up when he put a specific number on his country’s enrichment goals. Given his status as Iran’s highest political authority, the large number he had announced made many nervous that a deal would no longer be reachable. Khamenei formulated Iran’s goal of enrichment capacity as 190,000 separative work units, or SWUs. (An SWU is a measure of the work expended during enrichment.)
For the country to be able to reach this number, Iran would likely need at least 190,000 and perhaps as many as about 243,000 first-generation centrifuges, known as IR-1 centrifuges. (The efficiency of these first-generation centrifuges varies a good deal, from about 0.78 SWU per unit per year to 0.9 SWU, but in the past couple of years most of them have been producing at the lower end of the scale. All of which means that Iran may need a lot more than first anticipated to reach the goal of 190,000 SWU produced annually.)
The news came at a time when most of those discussing Iran’s practical needs—how much fuel the country requires to keep its domestic nuclear energy program running—said they could be met with roughly 1,500 centrifuges, or fewer than one percent of Khamenei’s figure.
Tehran has made it clear that its goal is to have industrial-scale enrichment. But while fixing a clear and concrete goal, Khamenei’s speech also gave a lot of room for his negotiating team to maneuver. This part of the speech was lost in translation in the United States. Many in the arms control community and Congress focused on that 190,000 SWU figure, with those in favor of a deal becoming worried that this number would tie the hands of negotiators. Those opposing it cited this figure as a reason why the talks would fail.
In fact, what Khamenei had stated was: “Our officials say we need 190,000 SWU. It is possible this need is not for this year, the next couple of years, or the next five years, but this is the country’s undeniable need.”
The head of the Atomic Energy Organization of Iran, Ali Akbar Salehi, explained Khamenei’s statement, noting that 190,000 SWU would meet the Bushehr civilian nuclear power plant’s need for fuel for one year. This wouldn’t mean that Iran could take care of all of its fuel needs domestically, but it would give it a backup plan in case its suppliers fail again. This number, however, seems way above Bushehr’s needs alone.
Oddly, while fixing a redline, Khamenei’s statement also opens the doors wider for the negotiating team—and Iran’s nuclear industry in general—on the matter. It is significant that he doesn’t give a timeline for industrial-scale enrichment.
It is also significant that Iran has been adhering to the interim deal reached in November 2013. Even though it has more advanced and efficient technologies, such as the recently installed cascades of second-generation, IR-2m centrifuges (which produce approximately 5 SWU per machine per year, or more than four or five times that of an IR-1), Iran has chosen not to feed their new machines with natural uranium hexafluoride gas—a vital step to enrichment.
And in practical terms, Iran is nowhere close to being able to produce 190,000 SWU any time soon. Of the more than 190,000 IR-1 centrifuges needed, the country currently only has approximately 20,000—and only half of those are actually operating. While Iran also has a number of centrifuges even more advanced than the IR-2m under research and development at the Natanz Pilot Fuel Enrichment Plant, those centrifuges are not currently operating. And Tehran has undertaken to not install any new machines. Consequently, 190,000 SWU is not a number Iran can realistically attain any time soon.
Spinning out the implications. If the negotiating team accepts the 4,000- to 5,000-centrifuge proposal on the table, it can sell the deal back home in Iran using Khamenei’s guidelines, depending on the timeframe fixed in the final agreement. This is especially true if this proposal is part of a larger package that the team can stand behind. The current deal includes an attractive offer from the P5+1 on other sticking points, including the Arak heavy water reactor and the underground enrichment facility in Fordow.
But in Iran, the issue of enrichment is the most visible component of the nuclear talks. Many people may not be aware of the other sticking points such as Arak or Fordow, but virtually everyone in Iran is aware of the enrichment debate. Any limitation on enrichment will likely cause some factions to criticize the negotiating team, but no deal is possible without some kind of limitation. So far, the Rouhani government has let the issue of enrichment become the centerpiece of debate about the negotiations, and the only measure of the team’s success. But knowing that any deal of any kind would diminish Iran’s enrichment capacity, the government must step up and begin to publicize to the Iranian public the benefits of the other components of the agreement, such as the considerable concessions it is getting from the P5+1. This will allow the Iranian government to sell the deal as a whole, and not be judged by the number of centrifuges it is “losing.”
During his 2013 presidential campaign, Hassan Rouhani famously declared that the centrifuges should spin, but that people’s lives should run too. He hadn’t said how many centrifuges should spin but this has become one of the key issues of the first eighteen months of his presidency. Something in the range of 4,000 to 5,000 centrifuges is a good compromise, a “win-win” formula for both sides. They’ll allow the Iranian negotiating team to go back to Tehran and state that they started negotiating at a time when their opponents at the bargaining table were pushing for Iran to be limited to a few hundred centrifuges, and that the Iranian team successfully kept over half of the current operating centrifuges. They can also say that they managed to keep Arak with some design modifications, and Fordow as a research facility. Meanwhile, the White House can tell Congress that it has effectively rolled back approximately half of Iran’s enrichment capacity.
For Iran, anything less than 4,000 centrifuges will be a hard pill to swallow. The Iranian parliament, or Majles, won’t roll out a red carpet for the negotiating team if it comes back with a lower number. Likewise, on the US side, selling more than 5,000 centrifuges to Congress would be extremely difficult. Many congressmen still believe any enrichment to be a major concession to Tehran, let alone about half of the country’s current number of operating centrifuges.
With nearly a month left until the November 24 deadline, the Iranian government should step up its promotional campaign to its people regarding the negotiations, and accept a number falling between 4,000 and 5,000 centrifuges.
“If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired by waiting,
Or being lied about, don’t deal in lies,
Or being hated, don’t give way to hating,
And yet don’t look too good, nor talk too wise
If you can dream – and not make dreams your master;
If you can think – and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build ’em up with worn-out tools
If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the will which says to them: ‘Hold on!’
If you can talk with crowds and keep your virtue,
Or walk with Kings – nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;
If you can fill the unforgiving minute
With sixty seconds’ worth of distance run,
Yours is the Earth and everything that’s in it,
And – which is more – you’ll be a Man, my son!”
Story 3: Lying Lunatic Left Democratic Party’s War on People of Faith By Opposing Indiana’s Religious Freedom Restoration Law — 19 Other States Have Similar Laws — Federal Religious Freedom Restoration Act of 1993 — Does Not Discriminate Against Any One Including Gays and Lesbians– Videos
Indiana legislators pledge to ‘fix’ controversial religious freedom law
Pence signs Religious Freedom Restoration Act
Religious Freedom Restoration Act Bill Draws Criticism, Support
Indiana lawmakers discuss the Religious Freedom Restoration Act
WFB’s Liz Harrington Discusses Indiana’s Religious Freedom Law on Real Story
Indiana Gov. Mike Pence Says Religious Freedom Law ‘Absolutely Not’ a Mistake
Religious Freedom Act backlash continues in South Bend, across the US
What Does The Hobby Lobby Supreme Court Ruling Mean?
The Hobby Lobby Supreme Court Decision Explained
History and Impact of the Religious Freedom Restoration Act
Mark Steyn On The Religious Freedom Restoration Act of 1993
Swarens: Gov. Mike Pence to push for clarification of ‘religious freedom’ law
Gov. Mike Pence, scorched by a fast-spreading political firestorm, told The Star on Saturday that he will support the introduction of legislation to “clarify” that Indiana’s controversial Religious Freedom Restoration Act does not promote discrimination against gays and lesbians.
“I support religious liberty, and I support this law,” Pence said in an exclusive interview. “But we are in discussions with legislative leaders this weekend to see if there’s a way to clarify the intent of the law.”
The governor, although not ready to provide details on what the new bill will say, said he expects the legislation to be introduced into the General Assembly this coming week.
Asked if that legislation might include making gay and lesbian Hoosiers a protected legal class, Pence said, “That’s not on my agenda.”
Amid the deepest crisis of his political career, Pence said repeatedly that the intense blowback against the new law is the result of a “misunderstanding driven by misinformation.”
He adamantly insisted that RFRA will not open the door to state-sanctioned discrimination against gays and lesbians. But he did acknowledge that Indiana’s image — and potentially its economic health — has been hurt badly by the controversy.
I spoke with Pence on the same day that thousands of people rallied at the Statehouse in opposition to the law. And the same day that Angie’s List CEO Bill Oesterle announced that his company will abandon a deal with the state and city to expand the company’s headquarters in Indianapolis because of RFRA’s passage.
INDIANAPOLIS STAR
Angie’s List canceling Eastside expansion over RFRA
Oesterle’s statement is a telling sign that the outrage over RFRA isn’t limited only to the political left. Oesterle directed Republican Mitch Daniels’ 2004 campaign for governor. And it’s a signal that the damage from the RFRA debacle could be extensive.
Behind the scenes, Pence and his team have been scrambling to mitigate that damage — both to the state and to the governor’s political career.
Pence said, for example, that he had a “cordial and productive” conversation with Salesforce.com CEO Marc Benioff, who announced shortly after Pence signed the RFRA legislation on Thursday that the company will cancel all corporate-related travel to Indiana. That conversation, however, has not led to a reversal of the Salesforce decision.
I asked the governor if he had anticipated the strongly negative reaction set off by the bill’s passage. His response made it clear that he and his team didn’t see it coming.
“I just can’t account for the hostility that’s been directed at our state,” he said. “I’ve been taken aback by the mischaracterizations from outside the state of Indiana about what is in this bill.”
In defense of the legislation, he noted that 19 other states and the federal government have adopted RFRA laws similar to Indiana’s. And he pointed out that President Barack Obama voted for Illinois’ version of RFRA as a state senator.
The governor also criticized the news media’s coverage of the legislation. “Despite the irresponsible headlines that have appeared in the national media, this law is not about discrimination,” he said. “If it was, I would have vetoed it.”
Yet, those justifications, cited repeatedly by the governor’s supporters in recent days, have done little to quell the controversy.
Which is why the proposal to clarify the law’s intent with a new bill has gained traction among Pence’s advisers in the past couple of days.
Pence also plans to fight back in the state and national media. He’s scheduled, for instance, to defend the law Sunday morning on ABC’s “This Week” with George Stephanopoulos. “I’m not going to take it (the criticism) lying down,” he said.
INDIANAPOLIS STAR
Pence on ‘religious freedom’ bill: ‘I stand by this law’
As we wrapped up the conversation, I asked Pence: What answer do you have for the many gays and lesbians — and their friends and families — who’ve asked this past week if they are still welcome in Indiana?
“First, this law is not about discrimination. It’s about protecting religious liberty and giving people full access to the judicial system,” he said. “But, yes, Hoosier hospitality is about making all people feel welcome in our state. We did that with the Super Bowl and with many other events, and with bringing businesses here. We will continue to do that.”
Whether Pence can get that message across — whether he still has the credibility to get people to believe it — will help determine the extent of RFRA’s damage. First, and most important, for the state. But also for Mike Pence’s political future and legacy.
Argued March 25, 2014
Decided June 30, 2014Full case nameSylvia Burwell, Secretary ofHealth and Human Services, et al., Petitioners v. Hobby Lobby Stores, Inc., Mardel, Inc., David Green, Barbara Green, Steve Green, Mart Green, and Darsee Lett; Conestoga Wood Specialties Corporation, et al., Petitioners v. Sylvia Burwell, Secretary of Health and Human Services, et al.Docket nos.13-354 13-356Citations573 U.S. ___ (more)
HoldingAs applied to closely held for-profit corporations, the Health and Human Services(HHS) regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act (RFRA). HHS’s contraceptive mandate substantially burdens the exercise of religion under the RFRA. The Court assumes that guaranteeing cost-free access to the four challenged contraceptive methods is a compelling governmental interest, but the Government has failed to show that the mandate is the least restrictive means of furthering that interest.Court membership
Case opinionsMajorityAlito, joined by Roberts, Scalia, Kennedy, ThomasConcurrenceKennedyDissentGinsburg, joined by Sotomayor; Breyer, Kagan (all but part III-C-1)DissentBreyer and KaganLaws applied
Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision[1][2] by the United States Supreme Courtallowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law’s interest. It is the first time that the court has recognized a for-profit corporation’s claim of religious belief,[3] but it is limited to closely held corporations.[a] The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution.
For such companies, the Court’s majority directly struck down the contraceptive mandate, a regulation adopted by theUS Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote.[4] The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, leaving no employer-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.[5]
The ruling could have widespread impact, allowing corporations to claim religious exemptions from federal laws.[6][7]
Background
Federal law
Religious Freedom Restoration Act
The United States Supreme Court ruled in Employment Division v. Smith (1990) that a person may not defy neutral laws of general applicability[b] even as an expression of religious belief. “To permit this,” wrote Justice Scalia, “would make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.” He wrote that generally applicable laws do not have to meet the standard of strict scrutiny, because such a requirement would create “a private right to ignore generally applicable laws”. Strict scrutiny would require a law to be the least restrictive means of furthering a compelling government interest.
In 1993, the US Congress responded by passing the Religious Freedom Restoration Act (RFRA), requiring strict scrutiny when a neutral law of general applicability “substantially burden[s] a person’s[c] exercise of religion”.[8] The RFRA was amended in 2000 by the Religious Land Use and Institutionalized Persons Act (RLUIPA) to redefine exercise of religion as any exercise of religion, “whether or not compelled by, or central to, a system of religious belief”, which is to be “construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution”. The Supreme Court upheld the constitutionality of the RFRA as applied to federal statutes in Gonzales v. O Centro Espirita in 2006.
Affordable Care Act
Most Americans are covered by employer-sponsored health insurance. In 2010, Congress passed the Affordable Care Act (ACA), which relies on the Health Resources and Services Administration (HRSA), part of the Department of Health and Human Services (HHS), to specify what kinds of preventive care for women should be covered in certain employer-based health plans. HHS exempted religious employers (churches and their integrated auxiliaries, associations of churches, and any religious order), non-profit organizations that object to any required contraception,[9] employers providing grandfathered plans (that have not had specific changes before March 23, 2010), and employers with fewer than 50 employees. The HRSA decided that all twenty contraceptives approved by the U.S. Food and Drug Administration (FDA) should be covered.[10] Companies that refuse are fined $100 per individual per day,[11] or they can replace their health coverage with higher wages and a calibrated tax.
Hobby Lobby Stores and Conestoga Wood Specialties
Hobby Lobby is an arts and crafts company founded by self-made billionaire[12]David Green and owned by the Evangelical Christian Green family with about 21,000 employees.[11] It provided the contraceptives Plan-B and Ella until it dropped its coverage in 2012, the year it filed its lawsuit.[13][14] It is the largest funder of theNational Christian Charitable Foundation that uses its billion-dollar endowment to fund a network of political groups including the Alliance Defending Freedom, which recently supported the Arizona SB 1062 bill that attracted national controversy.[15] The Hobby Lobby case also involved Mardel Christian and Educational Supply, which is owned by Mart Green, one of David’s sons.
The Green and Hahn families believe that life begins at conception which they equate to fertilization, and object to their closely held for-profit corporations providing health insurance coverage to their female employees of four FDA-approved contraceptives that the Green and Hahn families believe may prevent implantation of a fertilized egg (many doctors and scientists disagree), which the Green and Hahn families believe constitutes an abortion.[17][18][19][20]
In September 2012, Hobby Lobby filed a lawsuit in the U.S. District Court for the Western District of Oklahoma against enforcement of the contraception rule based on the RFRA and the Free Exercise Clause of the First Amendment. The district court denied Hobby Lobby’s request for a preliminary injunction. In March 2013, the U.S. Court of Appeals for the Tenth Circuit granted a hearing of the case. In June, the appeals court ruled that Hobby Lobby Stores, Inc. is a person who has religious freedom.[6] The court ordered the government to stop enforcement of the contraception rule on Hobby Lobby and sent the case back to the district court, which granted preliminary injunction in July. In September, the government appealed to the U.S. Supreme Court.[21]
Two other federal appeals courts ruled against the contraception coverage rule, while another two upheld it.[11]
On November 26, the Supreme Court accepted and consolidated the case with Conestoga Wood Specialties v. Sebelius. Two dozen amicus briefs support the government, and five dozen support the companies. American Freedom Law Center‘s brief argues that birth control harms women because men will only want them “for the satisfaction of [their] own desires.”[22] Another brief argues that the contraception rule leads to “the maximization of sexual activity”.[7] Two of the briefs oppose each other on the constitutionality of the RFRA. Two briefs that do not formally take sides oppose each other on whether the right to religion applies to corporations.[23] One of those briefs argues that if shareholders are separated by the corporate veil from corporate liabilities, then their religious values are also separate from the corporation. It mentions the ruling in Domino’s Pizza, Inc. v. McDonald made against the African American owner of JWM Investments whose contracts were breached due to racial discrimination. The brief argues that if JWM Investments could not suffer discrimination through its owner, then Hobby Lobby could not suffer religious burden through its owner.[24][25] Two briefs were filed by LGBT groups concerned that future anti-discrimination laws would be pre-emptively harmed if employers could claim to be religiously exempt.[26][27][28]
Argument and deliberation
Oral arguments were held on March 25, 2014 for 30 minutes more than the usual one hour.[8] The three women in the court focused their questioning on Hobby Lobby’s lawyer, Paul D. Clement, while the men focused on the administration’s lawyer, Solicitor General Donald Verrilli, Jr.[29] Justice Sotomayor quoted the ruling from United States v. Lee (1982) saying that an employer can’t deprive employees of a statutory right because of religious beliefs. Clement replied that Lee does not apply because it was a challenge against a tax rather than against a significant burden. Sotomayor said that instead of paying the burden of the penalty, Hobby Lobby could replace its health care with the equivalent expense of higher wages and a calibrated tax, which the government would use to pay for the employees’ health care.[30][31] Near the end of Clement’s argument, Justice Kennedy expressed concern for the rights of the employees who may not agree with the religious beliefs of their employers.[32] When Verrilli argued that the ruling in Cutter v. Wilkinson requires the court to weigh the impact on third parties in every RFRA case, Justice Scalia said that the RFRA does not require the court to balance the interest of the religious objector to the interest of other individuals. Verilli returned to Lee,saying that granting an exemption to an employer should not impose the employer’s religious faith on the employees.[30][33]
Opinion of the Court
Majority opinion
On June 30, 2014, Associate JusticeSamuel Alito delivered the judgment of the court. Four justices (Roberts, Scalia, Kennedy, and Thomas) joined him to strike down the HHS mandate, as applied to closely held corporations with religious objections, and to prevent the plaintiffs from being compelled to provide contraception under their healthcare plans. The ruling was reached on statutory grounds, citing the RFRA, because the mandate was not the “least restrictive” method of implementing the government’s interest. The ruling did not address Hobby Lobby’s claims under the Free Exercise Clause of the First Amendment.[34]
The court argued that the purpose of extending rights to corporations is to protect the rights of shareholders, officers, and employees.[35] It said that “allowing Hobby Lobby, Conestoga, and Mardel to assert RFRA claims protects the religious liberty of the Greens and the Hahns.”[36] The court found that for-profit corporations could be considered persons under the RFRA. It noted that the HHS treats nonprofit corporations as persons within the meaning of RFRA. The court stated, “no conceivable definition of the term includes natural persons and nonprofit corporations, but not for-profit corporations.”[37] Responding to lower court judges’ suggestion that the purpose of for-profit corporations “is simply to make money”, the court said, “For-profit corporations, with ownership approval, support a wide variety of charitable causes, and it is not at all uncommon for such corporations to further humanitarian and other altruistic objectives.”[38] The court rejected the contention that “the Nation lacks a tradition of exempting for-profit corporations from generally applicable laws,” pointing to a federal statute from 1993 that exempted any covered health care entity from engaging in “certain activities related to abortion”.[39]
The court held that the HHS contraception mandate substantially burdens the exercise of religion, rejecting an argument that the $2,000-per-employee penalty for dropping insurance coverage is less than the average cost of health insurance. Responding to HHS’s argument that the provision of coverage does not itself result in destruction of embryos, the Court asserted that the argument dodges the substantial burden question that the Court is supposed to address. The Court added, citing Jesuit moral manuals, that the argument is also the religious question of the morality of enabling the immoral acts of others, to which HHS had provided “a binding national answer”. The Court argued that federal courts should not answer religious questions because they would in effect be deciding whether certain beliefs are flawed.[40][41] The court argued that “companies would face a competitive disadvantage in retaining and attracting skilled workers,” that increased wages for employees to buy individual coverage would be more costly than group health insurance, that any raise in wages would have to take income taxes into account, and that employers cannot deduct the penalty.[42]
The court found it unnecessary to adjudicate on whether the HHS contraceptive mandate furthers a compelling government interest and held that HHS has not shown that the mandate is “the least restrictive means of furthering that compelling interest”.[43] The court argued that the most straightforward alternative would be “for the Government to assume the cost…” and that HHS has not shown that it is not “a viable alternative”.[44] The court said that the RFRA can “require creation of entirely new programs”.[45] The court also pointed out that HHS already exempts any nonprofit organization from paying for any required contraception by allowing it to certify its religious objection to its insurance issuer, which must “[p]rovide separate payments for any contraceptive services required to be covered”.[46] However, the court said the approach might not necessarily be the least restrictive alternative for all religious claims.[47]
The court concluded by addressing “the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction”. The court said that their decision “provides no such shield”, and that “prohibitions on racial discrimination are precisely tailored to achieve that critical goal.”[48] The court also said that the requirement to pay taxes despite any religious objection is different from the contraceptive mandate because “there simply is no less restrictive alternative to the categorical requirement to pay taxes.”[49] The court acknowledged the dissent’s “worries about forcing the federal courts to apply RFRA to a host of claims made by litigants seeking a religious exemption from generally applicable laws…”, noting that this point was “made forcefully by the Court in Smith“. The court responded by saying, “Congress, in enacting RFRA, took the position that ‘the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests’…The wisdom of Congress’s judgment on this matter is not our concern. Our responsibility is to enforce RFRA as written, and under the standard that RFRA prescribes, the HHS contraceptive mandate is unlawful.”[50]
Concurring opinion
Justice Anthony Kennedy wrote a concurring opinion, responding to the “respectful and powerful dissent”, by emphasizing the limited nature of the ruling and saying that the government “makes the case that the mandate serves the Government’s compelling interest in providing insurance coverage that is necessary to protect the health of female employees”, but that the RFRA’s least-restrictive way requirement is not met because “there is an existing, recognized, workable, and already-implemented framework to provide coverage,” the one that HHS has devised for non-profit corporations with religious objections. “RFRA requires the Government to use this less restrictive means. As the Court explains, this existing model, designed precisely for this problem, might well suffice to distinguish the instant cases from many others in which it is more difficult and expensive to accommodate a governmental program to countless religious claims based on an alleged statutory right of free exercise.” (Kennedy, J., concurring, p. 3, 4)
Dissenting opinions
Justice Ruth Bader Ginsburg delivered the primary dissent, which was joined by Justice Sotomayor in full and by Justices Breyer and Kagan as to all but Part III–C–1[51] on “whether a corporation qualifies as a ‘person’ capable of exercising religion”.[52] Ginsburg began, “In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs. … Compelling governmental interests in uniform compliance with the law, and disadvantages that religion-based opt-outs impose on others, hold no sway, the Court decides, at least when there is a ‘less restrictive alternative.’ And such an alternative, the Court suggests, there always will be whenever, in lieu of tolling an enterprise claiming a religion-based exemption, the government, i.e., the general public, can pick up the tab.”[53]
She challenged the majority’s unprecedented view of for-profit religion saying “Until this litigation, no decision of this Court recognized a for-profit corporation’s qualification for a religious exemption from a generally applicable law, whether under the Free Exercise Clause or RFRA. The absence of such precedent is just what one would expect, for the exercise of religion is characteristic of natural persons, not artificial legal entities[54]…Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community.”[55] Responding to the majority’s argument that the government should “assume the cost” of contraceptives, Ginsburg said that “the nation’s only dedicated source of federal funding for safety net family planning services…” is not designed to absorb the unmet needs of those already insured. She noted that “a less restrictive alternative” has not been written into law by Congress.[56] Ginsburg warns, “The Court, I fear, has ventured into a minefield…”[57]
Justices Breyer and Kagan wrote a one-paragraph dissenting opinion, saying that “the plaintiffs’ challenge to the contraceptive coverage requirement fails on the merits” and that they “need not and do not decide whether either for-profit corporations or their owners may bring claims under the Religious Freedom Restoration Act of 1993.”[58]
Reactions
Barbara Green, co-founder of Hobby Lobby, said “Today, the nation’s highest court has reaffirmed the vital importance of religious liberty as one of our country’s founding principles. The court’s decision is a victory, not just for our family business, but for all who seek to live out their faith.”[59]
Conestoga CEO Anthony Hahn said, “Americans don’t have to surrender their freedom when they open a family business.”[59]
Organizations
Conservative and pro-life groups praised the ruling. The National Review said that the Supreme Court ruling “[led] Alliance Defending Freedom attorney Matt Bowman to call Hobby Lobby an ‘inclusive decision’ that advances everyone’s freedom.”[60]Susan B. Anthony List President Marjorie Dannenfelser said, “This is a great victory for religious liberty – the bedrock of our founding. In living out our religious convictions, there are certain things we must not do. This is why we are at a watershed moment. Religious people will no longer be ordered to take action that our religion says we must not take.”[61]Family Research Council President Tony Perkins said, “The Supreme Court has delivered one of the most significant victories for religious freedom in our generation. We are thankful the Supreme Court agreed that the government went too far by mandating that family businesses owners must violate their consciences under threat of crippling fines.”[61] The U.S. Conference of Catholic Bishops said, “We welcome the Supreme Court’s decision to recognize that Americans can continue to follow their faith when they run a family business…Now is the time to redouble our efforts to build a culture that fully respects religious freedom.”[62]
Pro-choice and civil-liberties groups criticized the ruling. Cecile Richards, president of the Planned Parenthood Action Fund, said, “Today, the Supreme Court ruled against American women and families, giving bosses the right to discriminate against women and deny their employees access to birth control coverage. This is a deeply disappointing and troubling ruling that will prevent some women, especially those working hourly-wage jobs and struggling to make ends meet, from getting birth control.”[63] Deputy legal director of the American Civil Liberties Union Louise Melling said, “This is a deeply troubling decision. For the first time, the highest court in the country has said that business owners can use their religious beliefs to deny their employees a benefit that they are guaranteed by law.”[64]
In an editorial, the New England Journal of Medicine called the decision “a setback for both the ACA’s foundational goal of access to universal health care and for women’s health care specifically”, voicing concern that “in assessing the competing claims about abortion and birth control, the Court’s majority focused on the religious claims of the corporations without discussing scientific or medical opinions.”[65] In JAMA Internal Medicine, Alta Charo wrote that “consistent with a disturbing trend among courts and legislatures to misstate or misuse scientific information in the context of women’s reproductive rights and health, the Supreme Court’s decision ignored the well-accepted distinction between contraception and abortion.”[66] The American Congress of Obstetricians and Gynecologists, representing 90% of U.S. board-certified gynecologists, supported a bill to overturn the Hobby Lobby ruling.[67]
Government
White House spokesman Josh Earnest said, “Congress needs to take action to solve this problem that’s been created and the administration stands ready to work with them to do so. President Obama believes that women should make personal health care decisions for themselves, rather than their bosses deciding for them. Today’s decision jeopardizes the health of women that are employed by these companies.”[64]
Senate Majority Leader Harry Reid (D-Nev.) said, “If the Supreme Court will not protect women’s access to health care, then Democrats will. We will continue to fight to preserve women’s access to contraceptive coverage and keep bosses out of the examination room.”[3]
Senate Minority Leader Mitch McConnell said, “[T]he Obama administration cannot trample on the religious freedoms that Americans hold dear.”[3]
Senator Charles Schumer (D-NY), who introduced the RFRA in 1993, said his law “was not intended to extend the same protection to for-profit corporations, whose very purpose is to profit from the open market.”[68]
Speaker of the House John Boehner (R-Ohio) said, “The mandate overturned today would have required for-profit companies to choose between violating their constitutionally-protected faith or paying crippling fines, which would have forced them to lay off employees or close their doors.”[69]
House minority leader Nancy Pelosi (D-CA) said, “Although the Court restricted their ruling to ‘closely-held’ companies, this ruling will immediately affect the lives of millions of women across the country. Over 90 percent of America’s businesses are ‘closely-held,’ including such large employers as Koch Industries and Bechtel.[69]Women should not be forced to jump through extra hoops to secure the fundamental health care they need. Allowing employers and CEOs to limit the health care available to employees is a gross violation of their workers’ religious rights. It’s just not her boss’ business.”[64]
Senator Ted Cruz (R-Tex.) said, “Today’s victory in the Hobby Lobby case is terrific news—but now is no time to rest. We cannot rely on the courts alone to defend our religious liberty.”[61]
Senator Orrin Hatch (R-Utah) said, “I applaud the Supreme Court’s decision to protect the religious freedom of all Americans, both individually and collectively. The notion that religious freedom belongs only to some, and even then only in private, defies our nation’s traditions, our laws, and our Constitution. And as the Supreme Court rightfully said today, the Religious Freedom Restoration Act could not have been clearer in saying religious liberty of all Americans must be equally protected and not unnecessarily burdened.”[61]
Rep. Michele Bachmann (R-Minn) said, “I am extremely encouraged by today’s Supreme Court decision to uphold the religious liberty rights of the Green family of Hobby Lobby.”[61]
Aftermath
Cases following SCOTUS ruling
Forbes reported that following the ruling in Burwell v. Hobby Lobby, “the Supreme Court vacated the judgment against Eden Foods and sent the case back to the U.S. Court of Appeals for the Sixth Circuit for further consideration.”[70]
Wheaton College order
On July 3, 2014, the Supreme Court granted a temporary exemption to the approach it suggested as a less restrictive alternative in Hobby Lobby, where the plaintiffs would send a form (EBSA Form 700)[71] to its insurance issuer, which would pay for the contraception. In an unsigned emergency injunction for Wheaton College in Illinois, the court said that instead of notifying its insurance issuer, Wheaton can notify the government. Once notified, the government should notify the issuer. Wheaton believed that by transferring the obligation to cover contraceptives to its insurance issuer, it was triggering that obligation. The emergency injunction does not constitute a ruling on the merits of Wheaton’s religious objection. The court said “Nothing in this interim order affects the ability of the applicant’s employees and students to obtain, without cost, the full range of FDA approved contraceptives.”[72]
In a 15-page dissent joined by the other two women on the court, Justice Sotomayor criticized the majority’s reasoning: “Wheaton’s application comes nowhere near the high bar necessary to warrant an emergency injunction from this court…The court’s actions in this case create unnecessary costs and layers of bureaucracy, and they ignore a simple truth: The government must be allowed to handle the basic tasks of public administration in a manner that comports with common sense.”[73]
In dueling commentaries between regular SCOTUSblog contributor Marty Lederman and co-founder Tom Goldstein, Lederman argued that only Form 700 can require an insurance provider to pay for contraception coverage. Goldstein argued that an existing regulation allows the government to specify an alternative to Form 700. He pointed out that “the Court didn’t accept Wheaton’s most aggressive argument” that it cannot be required to do anything. He said that Justice Kennedy’s concurrence is controlling and makes clear that the RFRA is not violated by requiring Wheaton to notify the government.[77][78]
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Religious exemption from laws that apply to the general public
Although the court stated clearly that the decision is limited to the contraceptive mandate (Syllabus p. 4-5), the ruling is seen to have consequences extending far beyond contraception. Walter Dellinger, former acting solicitor general said, “for the first time, commercial enterprises could successfully claim religious exemptions from laws that govern everyone else.” Fifteen states had filed a brief arguing that businesses would be able to deny coverage for transfusions, stem cell treatments, and psychiatric care.[6] In line with the dissenting opinion, The American Prospect asked, “[W]ill the taxpayers have to send a check to employees if employers feel that minimum wage laws violate their religious beliefs?”[79]Jonathan Rauch, a senior fellow at the Brookings Institution, said that objections to paying health benefits for same-sex spouses will get traction.[80] The National Gay and Lesbian Task Force (NGLT) and the National Center for Lesbian Rights withdrew their support for the Employment Non-Discrimination Act (ENDA) passed by the Senate, saying that its religious exemptions would allow companies to fire or refuse to hire LGBT workers in light of the Hobby Lobby ruling. NGLT executive director Rea Carey said, “We do not take this move lightly. We’ve been pushing for this bill for 20 years.”[81]
Such concerns are focused on the court’s application of the federal RFRA law and were driven by national controversy over a state RFRA amendment bill in Arizona. Douglas Laycock, law professor at the University of Virginia, said, “The whole secular left has decided” that RFRA laws “are very dangerous because they care so much more about the contraception cases and gay rights.” He said RFRA laws are mischaracterized because they do not dictate outcomes favoring religious objectors, they only require courts to use the highest standard of scrutiny on any law challenged.[6] Mark Kernes, Senior Editor and Chief Legal Analyst forAVN magazine stated in an op-ed piece, “If the Hobby Lobby decision supports the ‘right’ of companies not to make available birth control that will prevent women from “catching” a pregnancy, what’s to keep those same religious companies from arguing that providing access to PrEP drugs like Truvada, which help prevent gays (and, admittedly, everyone) from catching HIV shouldn’t similarly be excluded from their health plans?”[82]
Imposition of religious beliefs onto others
Marcia Greenberger, co-president of the National Women’s Law Center, said that the Supreme Court has never ruled that companies have religious beliefs and that “it has never held that religious exercise provides a license to harm others, or violate the rights of third parties.” Louise Melling, ACLU deputy legal director, said religious freedom “gives us all the right to hold our beliefs, but it doesn’t give you the right to impose your beliefs on others, to discriminate against others.”[7] The editorial board of The New York Times wrote that the decision “swept aside accepted principles of corporate law and religious liberty to grant owners of closely held, for-profit companies an unprecedented right to impose their religious views on employees.”[83] A Fox News columnist wrote, “[W]ith all of the debate about the religious beliefs of the Hobby Lobby owners, what about the religious beliefs of their employees? They are just as important, and should not be trampled upon.”[84]The director of the United Church of Christ’s Washington, D.C. office, said that the ruling “may embolden private employers to claim religious objections to particular health care services, in effect forcing their own religious views upon their employees.”[85] Former Secretary of State Hillary Clinton said, “It’s the first time that our court has said that a closely-held corporation has the rights of a person when it comes to religious freedom, which means that the…corporation’s employers can impose their religious beliefs on their employees.”[86] The Center for American Progress said that the ruling “moves in the direction this court has been moving already, which is talking about corporate personhood—really treating corporations like people, saying that the corporation has a religion itself and that should be imposed on its employees.”[80]Interfaith Alliance leader Rev. Welton Gaddy said, “The First Amendment is at its best when it is used to protect the rights of minorities from the whims of the powerful. Today’s decision, which gives the powerful the right to force their religious beliefs on those around them, is a far cry from the best traditions of religious freedom.”[62]
Scholars on the other side (including some on the left) disagree, arguing that companies owned and run by liberals will likewise benefit from the freedom to operate according to their conscience or values – which has not been viewed as “imposing” views, because people routinely choose whom to associate with based on philosophical compatibility.[87] This debate reflects a larger recurring ideological issue over what constitutes “coercion” or “imposing” – e.g., whether burdens imposed by law onto employers are better or worse than burdens imposed by employers on employees.[88]
Corporate liability
The New York Times editor Dorothy J. Samuels wrote, “If owners indicate that they are not entirely separate from their corporation—by denying corporation employees’ birth control coverage based on their personal religious beliefs—the case could be made in future state-court litigation that they have waived their right to be shielded from responsibility for corporate financial liabilities.”[89] The dean of the UC Irvine School of LawErwin Chemerinsky said, “The liabilities of the corporation are not attributed to the owners, so why should the owners be able to attribute their beliefs to the company?”[90] Samuels leaves her readers with an adage: “Be careful what you wish for.”[89] Several legal scholars wrote an amicus brief to the Supreme Court for this case arguing this danger, while scholars on the other side counter that incorporated non-profit organizations enjoy liability protection despite their activities based on religious or other values/conscience-based causes.[91]
The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C.§ 2000bb through 42 U.S.C.§ 2000bb-4 (also known as RFRA), is a 1993 United States federal law aimed at preventing laws that “substantially burden” a person’s free exercise of religion. The bill was introduced by Congressman Chuck Schumer (D–NY) on March 11, 1993 and passed by a unanimous U.S. House and a near unanimous U.S. Senate with three dissenting votes[1] and was signed into law by President Bill Clinton.
The RFRA was held unconstitutional as applied to the states in the City of Boerne v. Flores decision in 1997, which ruled that the RFRA is not a proper exercise of Congress’s enforcement power. However, it continues to be applied to the federal government—for instance, in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal—because Congress has broad authority to carve out exemptions from federal laws and regulations that it itself has authorized. In response to City of Boerne v. Flores, some individual states passed State Religious Freedom Restoration Acts that apply to state governments and local municipalities.
Provisions
This law reinstated the Sherbert Test, which was set forth by Sherbert v. Verner, and Wisconsin v. Yoder, mandating that strict scrutiny be used when determining whether the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion;[2] therefore the Act states that the “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.”[3]
The law provided an exception if two conditions are both met. First, the burden must be necessary for the “furtherance of a compelling government interest.”[3] Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency. A compelling interest relates directly with core constitutional issues.[4] The second condition is that the rule must be the least restrictive way in which to further the government interest.
This tipi is used for Peyote ceremonies in the Native American Church, one of the main religions affected by the Religious Freedom Restoration Act
The Religious Freedom Restoration Act applies to all religions, but is most pertinent[dubious– discuss] to Native American religions that are burdened by increasing expansion of government projects onto sacred land. In Native American religion the land they worship on is very important. Often the particular ceremonies can only take place in certain locations because these locations have special significance.[5] This, along with peyote use, are the main parts of Native American religions that are often left unprotected.
The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting the free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person’s exercise of religion (e.g.Sherbert v. Verner, 374 U.S. 398 (1963); Wisconsin v. Yoder, 406 U.S. 205 (1972)). But in the 1980s the Court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the ban was “generally applicable” to all citizens. Also, the American Indian Religious Freedom Act, intended to protect the freedoms of tribal religions, was lacking enforcement. This led to the key cases leading up to the RFRA, which were Lyng v. Northwest Indian Cemetery Protective Association (1988) and Employment Division v. Smith, 494 U.S. 872 (1990). In Lyng, the Court was unfavorable to sacred land rights. Members of the Yurok, Tolowa and Karok tribes tried to use the First Amendment to prevent a road from being built by the U.S. Forest Service through sacred land. The land that the road would go through consisted of gathering sites for natural resources used in ceremonies and praying sites. The Supreme Court ruled that this was not an adequate legal burden because the government was not coercing or punishing them for their religious beliefs.[6] In Smith the Court upheld the state of Oregon‘s refusal to give unemployment benefits to two Native Americans fired from their jobs at a rehab clinic after testing positive for mescaline, the main psychoactive compound in the peyote cactus, which they used in a religious ceremony. Peyote use has been a common practice in Native American tribes for centuries. It was integrated with Christianity into what is now known as the Native American Church.[7]
The RFRA applies “to all Federal law, and the implementation of that law, whether statutory or otherwise”, including any Federal statutory law adopted after the RFRA’s date of signing “unless such law explicitly excludes such application.”[9]
Challenges and weaknesses
The Peyote cactus, the source of the peyote used by Native Americans in religious ceremonies.
In 1997, part of this act was overturned by the United States Supreme Court. The Roman Catholic Archdiocese of San Antoniowanted to enlarge a church in Boerne, Texas. But a Boerne ordinance protected the building as a historic landmark and did not permit it to be torn down. The church sued, citing RFRA, and in the resulting case, City of Boerne v. Flores, 521 U.S.507(1997), the Supreme Court struck down the RFRA with respect to its applicability to States (but not Federally), stating that Congress had stepped beyond their power of enforcement provided in the Fourteenth Amendment.[8] In response to the Boerneruling, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000, which grants special privileges to religious land owners.[10]
The Act was amended in 2003 to only include the federal government and its entities, such as Puerto Rico and the District of Columbia.[11] A number of states have passed state RFRAs, applying the rule to the laws of their own state, but the Smith case remains the authority in these matters in many states.[12]
The constitutionality of RFRA as applied to the federal government was confirmed on February 21, 2006, as the Supreme Court ruled against the government inGonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S.418 (2006), which involved the use of an otherwise illegal substance in a religious ceremony, stating that the federal government must show a compelling state interest in restricting religious conduct.
Post-Smith, many members of the Native American Church still had issues using peyote in their ceremonies. This led to the Religious Freedom Act Amendments in 1994, which state, “the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremony purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any state. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation.”[3]
Applications and effects
The Religious Freedom Restoration Act holds the federal government responsible for accepting additional obligations to protect religious exercise. In O’Bryan v. Bureau of Prisons it was found that the RFRA governs the actions of federal officers and agencies and that the RFRA can be applied to “internal operations of the federal government.”[13] RFRA, in conjunction with President Bill Clinton‘s Executive Order in 1996, provided more security for sacred sites for Native American religious rites.[3]
As of 1996, the year before the RFRA was found unconstitutional as applied to states, 337 cases had cited RFRA in its three year time range.[14] It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of religious membership in the U.S., make up 18 percent of the cases involving the free exercise of religion.[14] The Religious Freedom Restoration Act was a cornerstone for tribes challenging the National Forest Service’s plans to permit upgrades to Snow Bowl Ski Resort. Six tribes were involved, including the Navajo, Hopi, Havasupai, and Hualapai. The tribes objected on religious grounds to the plans to use reclaimed water. They felt that this risked infecting the tribal members with “ghost sickness” as the water would be from mortuaries and hospitals. They also felt that the reclaimed water would contaminate the plant life used in ceremonies. In August 2008, the Ninth Circuit Court of Appeals rejected their RFRA claim.[15][16]
In the case of Adams v. Commissioner, the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was a devout Quaker. She tried to argue that under the Religious Freedom Restoration Act of 1993, she was exempt from federal income taxes. The U.S. Tax Court rejected her argument and ruled that she was not exempt. The Court stated: “…while petitioner’s religious beliefs are substantially burdened by payment of taxes that fund military expenditures, the Supreme Court has established that uniform, mandatory participation in the Federal income tax system, irrespective of religious belief, is a compelling governmental interest.”[17] In the case of Miller v. Commissioner, the taxpayers objected to the use of social security numbers, arguing that such numbers related to the “mark of the beast” from the Bible. In its decision, the U.S. Court discussed the applicability of the Religious Freedom Restoration Act of 1993, but ruled against the taxpayers.[18]
The RFRA figured prominently in oral arguments in the case, Burwell v. Hobby Lobby, heard by the Supreme Court on March 25, 2014.[19] In a 5-4 decision, Justice Alito stated, that the RFRA did not just restore the law as before Smith but contains a new regulation that allows to opt out of federal law based on religious beliefs.[20]
20th anniversary
A day-long symposium was held at the Newseum in Washington, D.C., on Nov. 7, 2013, to commemorate the 20th anniversary of the Religious Freedom Restoration Act. “Restored or Endangered? The State of the Free Exercise of Religion in America” featured three panel discussions and two keynote addresses.
The first keynote address was from Oliver S. Thomas, the former general counsel of the Baptist Joint Committee for Religious Liberty and the chair of the diverse “Coalition for the Free Exercise of Religion” in the 1990s that worked for the passage of RFRA. The second was from Douglas Laycock, who was an author of RFRA. His address traced the legal history of RFRA and discussed its impact on current debates, including the contraception mandate and same-sex marriage laws.
The panel discussions covered the history and impact of RFRA, religious freedom and the contraceptive mandate of the Affordable Care Act, and current and future challenges to the free exercise of religion in a diverse society. The addresses and panel discussions are all available online, as well as a special downloadable resource with more on RFRA, published by the Baptist Joint Committee.[21]
The Bill of Rights was originally proposed as a measure to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Courtapplied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment.
In Everson v. Board of Education (1947), the Court drew on Founding FatherThomas Jefferson‘s correspondence to call for “a wall of separation between church and State”, though the precise boundary of this separation remains in dispute. Speech rights were expanded significantly in a series of 20th and 21st-century court decisions which protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.
The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]
In 1776, the second year of the American Revolutionary War, the Virginia colonial legislature passed a Declaration of Rights that included the sentence “The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments.” Eight of the other thirteen states made similar pledges. However, these declarations were generally considered “mere admonitions to state legislatures”, rather than enforceable provisions.[2]
After several years of comparatively weak government under the Articles of Confederation, a Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring among other changes a stronger chief executive. George Mason, a Constitutional Convention delegate and the drafter of Virginia’s Declaration of Rights, proposed that the Constitution include a bill of rights listing and guaranteeing civil liberties. Other delegates—including future Bill of Rights drafter James Madison—disagreed, arguing that existing state guarantees of civil liberties were sufficient and that any attempt to enumerate individual rights risked the implication that other, unnamed rights were unprotected. After a brief debate, Mason’s proposal was defeated by a unanimous vote of the state delegations.[3]
For the constitution to be ratified, however, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification (“Anti-Federalism”) was partly based on the Constitution’s lack of adequate guarantees for civil liberties. Supporters of the Constitution in states where popular sentiment was against ratification (including Virginia, Massachusetts, and New York) successfully proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights. The U.S. Constitution was eventually ratified by all thirteen states. In the 1st United States Congress, following the state legislatures’ request, James Madison proposed twenty constitutional amendments, which were then condensed to twelve and forwarded to the states. Ten of these were ratified and became the Bill of Rights.[4] The First Amendment passed the House and Senate with almost no recorded debate, complicating future discussion of the Amendment’s intent.[5][6] The First Amendment (along with the rest of the Bill of Rights) was submitted to the states for ratification on September 25, 1789, and adopted on December 15, 1791.[7][8]
Thomas Jefferson wrote with respect to the First Amendment and its restriction on the legislative branch of the federal government in an 1802 letter to the Danbury Baptists (a religious minority concerned about the dominant position of the Congregationalist church in Connecticut):
Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.[9]
In Reynolds v. United States (1878) the Supreme Court used these words to declare that “it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach [only those religious] actions which were in violation of social duties or subversive of good order.” Quoting from Jefferson’s Virginia Statute for Religious Freedom the court stated further in Reynolds:
In the preamble of this act […] religious freedom is defined; and after a recital ‘that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty,’ it is declared ‘that it is time enough for the rightful purposes of civil government for its officers to interfere [only] when [religious] principles break out into overt acts against peace and good order.’ In these two sentences is found the true distinction between what properly belongs to the church and what to the State.
Originally, the First Amendment applied only to the federal government, and some states continued official state religions after ratification. Massachusetts, for example, was officially Congregationalist until the 1830s.[10] In Everson v. Board of Education (1947), the U.S. Supreme Court incorporated the Establishment Clause (i.e., made it apply against the states). In the majority decision, Justice Hugo Black wrote:
The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another … in the words of Jefferson, the [First Amendment] clause against establishment of religion by law was intended to erect ‘a wall of separation between church and State’ … That wall must be kept high and impregnable. We could not approve the slightest breach.[11]
U.S. President Thomas Jeffersonwrote in his correspondence of “a wall of separation between church and State”.
Everson used the metaphor of a wall of separation between church and state, derived from the correspondence of PresidentThomas Jefferson. It had been long established in the decisions of the Supreme Court, beginning with Reynolds v. United States in 1879, when the Court reviewed the history of the early Republic in deciding the extent of the liberties of Mormons. Chief Justice Morrison Waite, who consulted the historian George Bancroft, also discussed at some length the Memorial and Remonstrance against Religious Assessments by James Madison, who drafted the First Amendment; Madison used the metaphor of a “great barrier.”[15]
Justice Hugo Black adopted Jefferson’s words in the voice of the Court.[16] The Court has affirmed it often, with majority, but not unanimous, support. Warren Nord, in Does God Make a Difference?, characterized the general tendency of the dissents as a weaker reading of the First Amendment; the dissents tend to be “less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities.”[17]
Beginning with Everson, which permitted New Jersey school boards to pay for transportation to parochial schools, the Court has used various tests to determine when the wall of separation has been breached. Everson laid down the test that establishment existed when aid was given to religion, but that the transportation was justifiable because the benefit to the children was more important. In the school prayer cases of the early 1960s, (Engel v. Vitale and Abington School District v. Schempp), aid seemed irrelevant; the Court ruled on the basis that a legitimate action both served a secular purpose and did not primarily assist religion. In Walz v. Tax Commission (1970), the Court ruled that a legitimate action could not entangle government with religion; in Lemon v. Kurtzman (1971), these points were combined into the Lemon test, declaring that an action was an establishment if:[18]
the statute (or practice) lacked a secular purpose;
its principal or primary effect advanced nor inhibited religion; or
it fostered an excessive government entanglement with religion.
The Lemon test has been criticized by justices and legal scholars, but it remains the predominant means by which the Court enforces the Establishment Clause.[19]In Agostini v. Felton (1997), the entanglement prong of the Lemon test was demoted to simply being a factor in determining the effect of the challenged statute or practice.[20] In Zelman v. Simmons-Harris (2002), the opinion of the Court considered secular purpose and the absence of primary effect; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test.[19] Further tests, such as the endorsement test and coercion test, have been developed to determine the whether a government action violated the Establishment Clause.[21][22]
In Lemon the Court stated that that the separation of church and state could never be absolute: “Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable,” the court wrote. “Judicial caveats against entanglement must recognize that the line of separation, far from being a “wall,” is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship.”[23]
Accommodationists
Accommodationists, in contrast, argue along with Justice William O. Douglas that “[w]e are a religious people whose institutions presuppose a Supreme Being”.[24]This group holds that the Lemon test should be applied selectively.[24] As such, for many conservatives, the Establishment Clause solely prevents the establishment of a state church, not public acknowledgements of God nor “developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government’s goals.”[25][26]
“Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order,” In Reynolds v. United States (1878), the Supreme Court found that while laws cannot interfere with religious belief and opinions, laws can be made to regulate some religious practices (e.g., human sacrifices, and the Hindu practice of suttee). The Court stated that to rule otherwise, “would be to make the professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances.”[27] In Cantwell v. Connecticut (1940), the Court held that the Due Process Clause of the Fourteenth Amendmentapplied the Free Exercise Clause to the states. While the right to have religious beliefs is absolute, the freedom to act on such beliefs is not absolute.[28]
In Sherbert v. Verner (1963),[29] the Supreme Court required states to meet the “strict scrutiny” standard when refusing to accommodate religiously motivated conduct. This meant that a government needed to have a “compelling interest” regarding such a refusal. The case involved Adele Sherbert, who was denied unemployment benefits by South Carolina because she refused to work on Saturdays, something forbidden by her Seventh-day Adventist faith.[30] In Wisconsin v. Yoder (1972), the Court ruled that a law that “unduly burdens the practice of religion” without a compelling interest, even though it might be “neutral on its face,” would be unconstitutional.[31][32]
The need for a compelling interest was narrowed in Employment Division v. Smith (1990),[33] which held no such interest was required under the Free Exercise Clause regarding a law that does not target a particular religious practice.[34] In Church of Lukumi Babalu Aye v. City of Hialeah (1993),[35] the Supreme Court ruled Hialeah had passed an ordinance banning ritual slaughter, a practice central to the Santería religion, while providing exceptions for some practices such as thekosher slaughter. Since the ordinance was not “generally applicable,” the Court ruled that it needed to have a compelling interest, which it failed to have, and so was declared unconstitutional.[36]
In 1993, the Congress passed the Religious Freedom Restoration Act (RFRA), seeking to restore the compelling interest requirement applied in Sherbert andYoder. In City of Boerne v. Flores (1997),[37] the Court struck down the provisions of RFRA that forced state and local governments to provide protections exceeding those required by the First Amendment, on the grounds that while the Congress could enforce the Supreme Court’s interpretation of a constitutional right, the Congress could not impose its own interpretation on states and localities.[38] According to the court’s ruling in Gonzales v. UDV (2006),[39] RFRA remains applicable to federal laws and so those laws must still have a “compelling interest”.[40]
Story 1: Leader Netanyahu Wins — Narcissist Obama Loses — How Sweet It Is — Videos
Jackie Gleason Obituary ABC News
White House Interfering with Israel’s Election!
Interfering With Israel – Bibi Wins Amid Reports White House Tried Ousting Him – Fox & Friends
Bibi Is Back – PM Netanyahu Wins 3rd Straight Term In Israel – Fox & Friends
IBI WINS – BARACK LOSES – ELECTION SPECIAL
In an amazing come-from-behind moment, Prime Minister Benjamin Netanyahu’s Likud Party was victorious in a “landslide” and thus ensuring Netanyahu remains Prime Minister. This victory goes against most of the pollsters, pundits and Obama operatives efforts to defeat Bibi.
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Jeremy Bird ’00
A new kind of politics: Jeremy Bird at TEDxUChicago 2014
Jeremy Bird is a founding partner at 270 Strategies and a longtime grassroots organizer with broad experience across domestic and international politics, labor, and policy.
He helped launch 270 Strategies after serving most recently as the National Field Director for the 2012 re-election campaign of President Barack Obama, where he had primary responsibility for building a nationwide army of staff and volunteer organizers.
Dubbed the campaign’s “Field General” by Rolling Stone magazine, Jeremy was listed among “The Obama Campaign’s Real Heroes” and has been cited as “a former Harvard divinity student who took to political organizing as though it were his higher calling.”
He is credited with helping establish a ground game and turnout machine that in 2012 “reproduced — through brute force, dedication and will — a turnout in the swing states that in some cases bested the campaign’s remarkable performance of four years ago.”
Jeremy is a graduate of Wabash College and Harvard Divinity School. He grew up in a trailer park in High Ridge, Missouri and is passionate about grassroots politics, traveling the world, and talking about sports — especially his hometown St. Louis Cardinals and his newfound love of soccer.
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GLEN BECK…… OBAMA MAY GO TO PRISON AND BE IMPEACHED KILLING OUR OWN !
Danny Ayalon: ‘Red Line’ Crossed If Obama Interfered in Israel Election
By Bill Hoffmann
If rumors that the Obama administration has helped efforts in Israel to oust Prime Minister Benjamin Netanyahu are real, the U.S. has crossed “a red line,” says Danny Ayalon, former Israeli ambassador to the U.S.
Jeremy Bird, a top operative in President Obama’s 2008 and ’12 campaigns, has been mobilizing a get-out-the-vote effort for Netanyahu opponent Isaac “Bougie” Herzog, leading to speculation that the White House is linked to it.
“If this is true, this is really crossing a red line because a democracy does not interfere with other democracies’ democratic process,” Ayalon said Monday on “The Steve Malzberg Show” on Newsmax TV.
Israeli elections take dramatic turn as official tally gives Likud sweeping victory
With nearly 95 percent of precincts reporting before dawn on Wednesday, the Likud holds a major edge over Zionist Union in the distribution of Knesset seats.
a dramatic turn in the early morning hours on Wednesday as official tallies from nearly all precincts indicate that Likud has opened up a significant lead over Zionist Union, a far cry from the virtual dead heat that television exit polls had reported Tuesday evening.
With 99 percent of precincts reporting before dawn on Wednesday, the Likud has emerged as the clear, undisputed victor in the elections.
According to the official up-to-the-minute tally, Likud wins 30 seats while Zionist Union comes in second at 24 seats.
The parties that follow are Joint Arab List (14); Yesh Atid (11); Kulanu (10); Bayit Yehudi (8); Shas (7); United Torah Judaism (6); Yisrael Beytenu (6); and Meretz (4).
Eli Yishai’s far-right Yahad party has thus far failed to make the cut, though it has hovered near the minimum threshold throughout. These results are not final since 10 percent of precincts still need to report their results.
The first exit polls were released Tuesday at 10 p.m. as voting closed in elections for the 20th Knesset, suggesting a surprisingly good showing for Prime Minister Benjamin Netanyahu’s Likud party versus Isaac Herzog’s Zionist Union. While Likud had trailed by as many as five mandates in pre-election polls, Netanyahu’s party led the Zionist Union in one exit poll and was tied with Herzog’s party in the two others.
Channel 2’s poll had the Likud with 28 mandates, Zionist Union with 27 mandates, the Joint Arab List with 13 mandates, Yesh Atid with 11 mandates, Kulanu with 10 mandates, Bayit Yehudi with 8 mandates, Shas with 7 mandates, United Torah Judaism with 6 mandates, Meretz with 5 mandates, Yisrael Beytenu with 5 mandates and Yahad failing to pass the electoral threshold.
Prime Minister Benjamin Netanyahu’s right-wing Likud Party scored a resounding victory in Israel’s election, final results showed Wednesday, a stunning turnaround after a tight race that had put his lengthy rule in jeopardy.
Netanyahu surged ahead after a last-minute lurch to the right in which he opposed Palestinian statehood and vowed continued settlement construction, setting the stage for fresh confrontations with the White House just weeks after criticizing U.S. talks with Iran in a divisive address to Congress.
With nearly all votes counted, Likud appeared to have earned 30 out of parliament’s 120 seats and was in a position to build with relative ease a coalition government with its nationalist, religious and ultra-Orthodox Jewish allies.
On Wednesday, Netanyahu visited the Western Wall in Jerusalem’s Old City, a remnant of the biblical Jewish Temple and the holiest site where Jews can pray. “I’m touched by the weight of the responsibility that the people of Israel have put on my shoulders. I wish to say that I will do anything in my power to ensure the well-being and security of all the citizens of Israel,” he said.
The election was widely seen as a referendum on Netanyahu, who has governed for the past six years. Recent opinion polls indicated he was in trouble, giving chief rival Isaac Herzog’s center-left Zionist Union a slight lead. Exit polls Tuesday showed the two sides deadlocked but once the actual results came pouring in early Wednesday, the Zionist Union dropped to just 24 seats.
Given the final results, it is all but assured that Israel’s largely ceremonial President Reuven Rivlin will task Netanyahu with forming a new government. Netanyahu says he hopes to do so quickly, within two to three weeks.
“Against all odds, we achieved a great victory for the Likud,” Netanyahu told supporters at his election night headquarters, declaring victory even before final results were known.
Netanyahu focused his campaign primarily on security issues, while his opponents pledged to address the high cost of living and housing crisis while accusing him of being out of touch. Netanyahu will likely look to battle that image now by adding to his government Moshe Kahlon, whose upstart Kulanu party captured 10 seats with a campaign focused almost entirely on bread-and-butter economic issues. Kahlon is expected to be the next finance minister.
A union of four largely Arab-backed factions became Israel’s third largest party — with 14 seats — and gave Israel’s Arab minority significant leverage in parliament for the first time. Ten parties in all made it into parliament.
Herzog conceded defeat, saying he called Netanyahu and offered him congratulations. He signaled that he would not join forces with Netanyahu and would rather head to the opposition.
“I think that at this moment what Israel needs most of all is another voice, a voice that offers an alternative and a voice that tells it the truth,” he said outside his Tel Aviv home. “It must be clear that for the citizens of Israel, the challenges remain the same, the problems are the same. Nothing has changed.”
Netanyahu’s return to power for a fourth term likely spells trouble for Mideast peace efforts and could further escalate tensions with Washington.
Netanyahu, who already has a testy relationship with President Barack Obama, staked out a series of hard-line positions in the final days of the race that will put him on a collision course with much of the international community.
In a dramatic policy reversal, he said he now opposes the creation of a Palestinian state — a key policy goal of the White House and the international community. He also promised to expand construction in Jewish areas of east Jerusalem, the section of the city claimed by the Palestinians as their capital, where violence has increased in recent months.
The Palestinians, fed up after years of deadlock with Netanyahu, are now likely to press ahead with their attempts to bring war crimes charges against Israel in the International Criminal Court.
“Now, more than ever, the international community must act,” said Palestinian official Saeb Erekat.
The world overwhelmingly supports the establishment of a Palestinian state in the West Bank, east Jerusalem and the Gaza Strip, areas captured by Israel in 1967, and opposes settlement construction.
With the race close, Netanyahu reneged on his previous stated support for a Palestinian state in an attempt to shore up his hawkish base. But peace talks last collapsed nearly a year ago, and it’s unclear whether the next government will pursue any drastic policy changes.
Netanyahu also infuriated the White House earlier this month when he delivered a speech to the U.S. Congress criticizing an emerging nuclear deal with Iran. The speech was arranged with Republican leaders and not coordinated with the White House ahead of time in a rare breach of diplomatic protocol.
In Washington, White House spokesman Josh Earnest said Obama was confident strong U.S.-Israeli ties would endure far beyond the election, regardless of the victor.
Throughout the campaign, Netanyahu portrayed himself as the only politician capable of confronting Israel’s numerous security challenges.
Avi Degani, president of the Geocartography polling institute, who had predicted an outright Likud victory, said ultimately Netanyahu’s experience prevailed. “There was a situation where many people wanted to replace him but there was no one whom they wanted to replace him with,” he said.
Rivlin will now meet with all ten parties that entered parliament and hear their recommendation for who should try to form the next government. Rivlin will then task the leading candidate, almost certainly Netanyahu, with putting together a coalition that makes up a majority in parliament. Netanyahu will remain prime minister throughout the process.
Netanyahu appears to have 67 backers who would join a right-wing nationalist government, but he could still surprise and try to reach out to centrist rivals in order to present a more moderate face to the world.
Story 1: Part 2 Commentary On: Three Cheers For Netanyahu’s Warning To American People About Islamic Republic of Iran and Islamic State and Three Thumbs Down On Obama’s Bad Deal With The Iranian Republic On Developing Nuclear Weapons And Intercontinental Missiles — “Your Enemy of Your Enemy Is Your Enemy” — Restore Severe Sanctions On Iran Immediately — Take Out The Nuclear Weapons Facilities With Israel Defense Forces – Stop Iran’s Uranium Enrichment Forever Now! — Videos
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Benjamin Netanyahu speech to congress 2015 – Prime Minister of Israel Address Meeting of Congress
Benjamin Netanyahu speech to congress 2015 – Prime Minister of Israel Address Joint Meeting of Congress benjamin netanyahu speech to congress Prime Minister Benjamin Netanyahu of Israel Address to a Joint Meeting of Congress Netanyahu on Tensions Over Iran Speech to Congress FULL Benjamin Netanyahu Speech To US Congress Prime Minister Benjamin Netanyahu addresses Congress The quickest of takes are already coming in, but few seem to agree about whether Netanyahu’s speech was a boom or a bust for President Obama and talks with Iran.
Prime Minister Benjamin Netanyahu of Israel Address to a Joint Meeting of Congress
“This was a speech the American people needed to hear, plain and simple. It addressed the gravity of the threats we face and why we cannot allow a nuclear Iran, or any semblance of a path to a nuclear Iran. It demonstrated why there is such deep-seated – and bipartisan – concern about the deal that is being made. I thank my colleagues, Republicans and Democrats, who took the time to hear the Prime Minister’s address on behalf of their constituents, and I hope all Americans will have the chance to see it for themselves.” – Speaker John Boehner
Kerry says demanding Iran’s ‘capitulation’ is no way to secure nuclear deal
Iran Nuclear Talks Advancing, no Deal Likely Next Week
Negotiations on an agreement to curb Iran’s nuclear program have advanced substantially, but difficult issues remain and a senior U.S. official said he did not expect a deal in the coming week. U.S. Energy Secretary Ernest Moniz will join in talks next week between U.S. Secretary of State John Kerry and Iranian Foreign Minister Mohammad Javad Zarif in Montreux, Switzerland. The United States and five major powers are seeking a deal under which Iran would restrain its nuclear program in exchange for the gradual easing of economic sanctions that have crippled the oil exporter’s economy. Washington and some of its allies believe Iran is seeking to develop an atomic bomb, which they regard as a direct threat to Israel as well as to Arab allies of the United States. Iran says its program is solely for peaceful purposes such as power generation.
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DNI James Clapper on Israel, Iran and Nuclear Negotiations (Mar. 2, 2015) | Charlie Rose
James Clapper, the Director of National Intelligence, talks to Charlie Rose about the negotiations over Iran’s nuclear weapons program, and whether the U.S. and Israeli intelligence services are “on the same page” regarding their assessment of Iran’s capabilities. The full interview airs March 2, 2015 on PBS.
Ambassador John Bolton, American Enterprise Institute CPAC 2015
John Bolton: Obama giving Iran “an open path to nuclear weapons”
“The odds are right now the deal will be signed and that Iran will have an open path to nuclear weapons…there’s no guarantee that the verification mechanisms that are required are going to work. You really think we really know everything about Iran’s nuclear weapons program, like whether some of it’s being conducted in North Korea? I have no faith in our verification capabilities, number one. Number two, to the extent Iran is allowed any continuing uranium enrichment capability at all, and that’s where the administration’s concessions are moving, it has in its hands the long pole in the tent that any aspiring nuclear weapons state wants” he said. Adding that appeasing Iran is “par for the course for the Obama administration. The negotiation with Iran over its nuclear weapons program is a policy of appeasement, and the president is desperate to get this deal done so it doesn’t slip between his fingers.”
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Like Israel, U.S. Arab Allies Fear Obama’s Iran Nuclear Deal
Kerry Visiting Saudi Arabia to assuage concerns
By YAROSLAV TROFIMOV
DUBAI—It isn’t just about Bibi.
The Israeli prime minister’s public confrontation with PresidentBarack Obama over the U.S. administration’s pursuit of a nuclear bargain with Iran may have drawn all the spotlight this week. But America’s other key allies across the Middle East—such as Saudi Arabia, Egypt and the United Arab Emirates—are just as distraught, even if they lack the kind of lobbying platform that Benjamin Netanyahu was offered in Congress.
ANALYSIS
These nations’ ties with Washington have already frayed in recent years, dented by what many officials in the region describe as a nagging sense that America doesn’t care about this part of the world anymore.
Now, with the nuclear talks nearing a deadline, these allies—particularly in the Gulf—fret that America is about to ditch its long-standing friends to win love from their common foe, at the very moment that this foe is on the offensive across the region.
“A lot of the Gulf countries feel they are being thrown under the bus,” said Mishaal al-Gergawi, managing director of the Delma Institute in Abu Dhabi and a prominent Emirati political commentator. “The Gulf thought it was in a monogamous relationship with the West, and now it realizes it’s being cheated on because the U.S. was in an open relationship with it.”
Trying to assuage such concerns, Secretary of State John Kerry flew Wednesday to Saudi Arabia. There, he is slated to discuss with King Salman and foreign ministers of other Gulf nations their worries that the nuclear deal may enable Iran to dominate the region.
In remarks after Mr. Netanyahu’s speech on Tuesday, Mr. Obama acknowledged Iran’s “ambitions when it comes to territory or terrorism”—but argued that “if, in fact, they obtain a nuclear weapon, all those problems would be worse.”
Steven Simon, a senior fellow at the Middle East Institute who served as senior director for Middle East and North Africa at the White House in 2011-12, noted that the Gulf countries—while genuinely alarmed by the U.S. outreach—can’t really propose a viable alternative.
“The alternative to what the administration is doing with Iran is war,” he said. “And I don’t think the Saudis and the Emiratis and others are actually prepared for war.”
America’s other key allies across the Middle East are just as distraught about Obama’s pursuit of a nuclear grand bargain with Iran. WSJ’s Yaroslav Trofimov discusses. Photo: AP
A joint effort to contain Iran and its proxies after the 1979 Islamic revolution was the key reason for the massive architecture of military, political and economic ties that the U.S. built with its regional allies in recent decades.
Even before the revolution, Iran tried to dominate the Gulf, laying claim to Shiite-majority Bahrain and seizing disputed islands claimed by the U.A.E.
Taking advantage of the Obama administration’s attempt to pivot away from the region, Tehran in recent years asserted its influence in Baghdad and solidified its control in Damascus and Beirut. Last month, pro-Iranian Houthi Shiite militias seized power in Yemen’s capital San’a and ousted that country’s U.S.-backed president.
The Sunni Arab nations led by Saudi Arabia that are engaged in proxy conflicts with Tehran in Yemen, Syria, Bahrain and Lebanon view this confrontation as an existential zero-sum game—and interpret any American opening to Iran, and any relaxation of the economic sanctions that have hobbled Iran’s ability to project power, as succor to the enemy.
“Some of these countries are more worried about the consequences of the deal, about how it will change the balance of power in the region, rather than the actual contents of the deal,” explained Ali Vaez, Iran analyst at the International Crisis Group think tank. These fears are overblown, he said: “The reality is that the U.S. may have a tactical overlap in its interests in the region with Iran, but strategically it sees the region in a very different way.”
That may be true, but this tactical overlap has already created strategic consequences in the crucial battlefields of Syria and Iraq, cementing Iran’s sway in both nations.
The White House decision to focus the U.S. military effort exclusively on Islamic State, sparing the regime of Bashar al-Assad in Syria, has allowed the regime and its Iranian-backed allies to regain ground there.
This means that even the fighters of the U.S.-funded Free Syrian Army, which is supposed to help defeat Islamic State one day, are no longer sure about which side Washington really supports.
“America wants to back whoever is stronger, and the strongest now are Iran and Bashar. This is clear to all people,” said Bakri Kaakeh, a senior FSA officer in Aleppo province.
In Iraq’s war against Islamic State, the U.S. has in fact become a cobelligerent with Iran, which maintains brutal Shiite militias and is directly involved in running major campaigns, such as the current assault on the Sunni city of Tikrit.“Any opportunities that the Arab countries will have to undermine the deal, they will not miss it,” said Riad Kahwaji, CEO of the Institute for Near East and Gulf Military Analysis in Dubai. “They will all conclude that the U.S. is no longer a reliable strategic ally, and that the U.S. can sell them out any minute.”
John Kerry in Switzerland before flying to Saudi Arabia Wednesday.PHOTO: EUROPEAN PRESSPHOTO AGENCY
Moeen al-Kadhimi, a senior commander in the largest Iraqi Shiite militia, Badr, which is armed by Iran and staffed with Iranian advisers, said he’s yearning for the day when Tehran and Washington will finally reconcile.
“It’s our wish as Iraqis for this to happen. We will be happy, and the entire Middle East will be stabilized,” he said.
Stability under an Iranian tutelage, of course, isn’t the most desirable outcome for other powers in the region, particularly in the Gulf. The big question is what can these allies do about it.
Not much, said Brian Katulis, senior fellow at the Center for American Progress, a think tank close to the Obama administration.
“All of the fuss shows how much they need America. Who are they going to turn to? Russia or China?” he wondered. “ No one has the security footprint, capabilities, and network of partnerships across the region.”
But that doesn’t mean the disgruntled allies won’t start looking for ways to torpedo any U.S. opening to Iran—and for alternatives, including a nuclear option of their own, if that fails. Their dismay with the administration’s Iran policy—while not displayed as publicly as Mr. Netanyahu’s—is just as strong.
… Speaker of the House John Boehner, President Pro Tem Senator Orrin Hatch, Senator Minority — Majority Leader Mitch McConnell, House Minority Leader Nancy Pelosi, and House Majority Leader Kevin McCarthy.
I also want to acknowledge Senator, Democratic Leader Harry Reid. Harry, it’s good to see you back on your feet.
(APPLAUSE)
I guess it’s true what they say, you can’t keep a good man down.
(LAUGHTER)
My friends, I’m deeply humbled by the opportunity to speak for a third time before the most important legislative body in the world, the U.S. Congress.
(APPLAUSE)
I want to thank you all for being here today. I know that my speech has been the subject of much controversy. I deeply regret that some perceive my being here as political. That was never my intention.
I want to thank you, Democrats and Republicans, for your common support for Israel, year after year, decade after decade.
(APPLAUSE)
I know that no matter on which side of the aisle you sit, you stand with Israel.
The remarkable alliance between Israel and the United States has always been above politics. It must always remain above politics.
(APPLAUSE)
Because America and Israel, we share a common destiny, the destiny of promised lands that cherish freedom and offer hope. Israel is grateful for the support of American — of America’s people and of America’s presidents, from Harry Truman to Barack Obama.
(APPLAUSE)
We appreciate all that President Obama has done for Israel.
Now, some of that is widely known.
(APPLAUSE)
Some of that is widely known, like strengthening security cooperation and intelligence sharing, opposing anti-Israel resolutions at the U.N.
Some of what the president has done for Israel is less well- known.
I called him in 2010 when we had the Carmel forest fire, and he immediately agreed to respond to my request for urgent aid.
In 2011, we had our embassy in Cairo under siege, and again, he provided vital assistance at the crucial moment.
Or his support for more missile interceptors during our operation last summer when we took on Hamas terrorists.
(APPLAUSE)
In each of those moments, I called the president, and he was there.
And some of what the president has done for Israel might never be known, because it touches on some of the most sensitive and strategic issues that arise between an American president and an Israeli prime minister.
But I know it, and I will always be grateful to President Obama for that support.
(APPLAUSE)
And Israel is grateful to you, the American Congress, for your support, for supporting us in so many ways, especially in generous military assistance and missile defense, including Iron Dome.
(APPLAUSE)
Last summer, millions of Israelis were protected from thousands of Hamas rockets because this capital dome helped build our Iron Dome.
(APPLAUSE)
Thank you, America. Thank you for everything you’ve done for Israel.
My friends, I’ve come here today because, as prime minister of Israel, I feel a profound obligation to speak to you about an issue that could well threaten the survival of my country and the future of my people: Iran’s quest for nuclear weapons.
We’re an ancient people. In our nearly 4,000 years of history, many have tried repeatedly to destroy the Jewish people. Tomorrow night, on the Jewish holiday of Purim, we’ll read the Book of Esther. We’ll read of a powerful Persian viceroy named Haman, who plotted to destroy the Jewish people some 2,500 years ago. But a courageous Jewish woman, Queen Esther, exposed the plot and gave for the Jewish people the right to defend themselves against their enemies.
The plot was foiled. Our people were saved.
(APPLAUSE)
Today the Jewish people face another attempt by yet another Persian potentate to destroy us. Iran’s Supreme Leader Ayatollah Khamenei spews the oldest hatred, the oldest hatred of anti-Semitism with the newest technology. He tweets that Israel must be annihilated — he tweets. You know, in Iran, there isn’t exactly free Internet. But he tweets in English that Israel must be destroyed.
For those who believe that Iran threatens the Jewish state, but not the Jewish people, listen to Hassan Nasrallah, the leader of Hezbollah, Iran’s chief terrorist proxy. He said: If all the Jews gather in Israel, it will save us the trouble of chasing them down around the world.
But Iran’s regime is not merely a Jewish problem, any more than the Nazi regime was merely a Jewish problem. The 6 million Jews murdered by the Nazis were but a fraction of the 60 million people killed in World War II. So, too, Iran’s regime poses a grave threat, not only to Israel, but also the peace of the entire world. To understand just how dangerous Iran would be with nuclear weapons, we must fully understand the nature of the regime.
The people of Iran are very talented people. They’re heirs to one of the world’s great civilizations. But in 1979, they were hijacked by religious zealots — religious zealots who imposed on them immediately a dark and brutal dictatorship.
That year, the zealots drafted a constitution, a new one for Iran. It directed the revolutionary guards not only to protect Iran’s borders, but also to fulfill the ideological mission of jihad. The regime’s founder, Ayatollah Khomeini, exhorted his followers to “export the revolution throughout the world.”
I’m standing here in Washington, D.C. and the difference is so stark. America’s founding document promises life, liberty and the pursuit of happiness. Iran’s founding document pledges death, tyranny, and the pursuit of jihad. And as states are collapsing across the Middle East, Iran is charging into the void to do just that.
Iran’s goons in Gaza, its lackeys in Lebanon, its revolutionary guards on the Golan Heights are clutching Israel with three tentacles of terror. Backed by Iran, Assad is slaughtering Syrians. Back by Iran, Shiite militias are rampaging through Iraq. Back by Iran, Houthis are seizing control of Yemen, threatening the strategic straits at the mouth of the Red Sea. Along with the Straits of Hormuz, that would give Iran a second choke-point on the world’s oil supply.
Just last week, near Hormuz, Iran carried out a military exercise blowing up a mock U.S. aircraft carrier. That’s just last week, while they’re having nuclear talks with the United States. But unfortunately, for the last 36 years, Iran’s attacks against the United States have been anything but mock. And the targets have been all too real.
Iran took dozens of Americans hostage in Tehran, murdered hundreds of American soldiers, Marines, in Beirut, and was responsible for killing and maiming thousands of American service men and women in Iraq and Afghanistan.
Beyond the Middle East, Iran attacks America and its allies through its global terror network. It blew up the Jewish community center and the Israeli embassy in Buenos Aires. It helped Al Qaida bomb U.S. embassies in Africa. It even attempted to assassinate the Saudi ambassador, right here in Washington, D.C.
In the Middle East, Iran now dominates four Arab capitals, Baghdad, Damascus, Beirut and Sanaa. And if Iran’s aggression is left unchecked, more will surely follow.
So, at a time when many hope that Iran will join the community of nations, Iran is busy gobbling up the nations.
(APPLAUSE)
We must all stand together to stop Iran’s march of conquest, subjugation and terror.
(APPLAUSE)
Now, two years ago, we were told to give President Rouhani and Foreign Minister Zarif a chance to bring change and moderation to Iran. Some change! Some moderation!
Rouhani’s government hangs gays, persecutes Christians, jails journalists and executes even more prisoners than before.
Last year, the same Zarif who charms Western diplomats laid a wreath at the grave of Imad Mughniyeh. Imad Mughniyeh is the terrorist mastermind who spilled more American blood than any other terrorist besides Osama bin Laden. I’d like to see someone ask him a question about that.
Iran’s regime is as radical as ever, its cries of “Death to America,” that same America that it calls the “Great Satan,” as loud as ever.
Now, this shouldn’t be surprising, because the ideology of Iran’s revolutionary regime is deeply rooted in militant Islam, and that’s why this regime will always be an enemy of America.
Don’t be fooled. The battle between Iran and ISIS doesn’t turn Iran into a friend of America.
Iran and ISIS are competing for the crown of militant Islam. One calls itself the Islamic Republic. The other calls itself the Islamic State. Both want to impose a militant Islamic empire first on the region and then on the entire world. They just disagree among themselves who will be the ruler of that empire.
In this deadly game of thrones, there’s no place for America or for Israel, no peace for Christians, Jews or Muslims who don’t share the Islamist medieval creed, no rights for women, no freedom for anyone.
So when it comes to Iran and ISIS, the enemy of your enemy is your enemy.
(APPLAUSE)
The difference is that ISIS is armed with butcher knives, captured weapons and YouTube, whereas Iran could soon be armed with intercontinental ballistic missiles and nuclear bombs. We must always remember — I’ll say it one more time — the greatest dangers facing our world is the marriage of militant Islam with nuclear weapons. To defeat ISIS and let Iran get nuclear weapons would be to win the battle, but lose the war. We can’t let that happen.
(APPLAUSE)
But that, my friends, is exactly what could happen, if the deal now being negotiated is accepted by Iran. That deal will not prevent Iran from developing nuclear weapons. It would all but guarantee that Iran gets those weapons, lots of them.
Let me explain why. While the final deal has not yet been signed, certain elements of any potential deal are now a matter of public record. You don’t need intelligence agencies and secret information to know this. You can Google it.
Absent a dramatic change, we know for sure that any deal with Iran will include two major concessions to Iran.
The first major concession would leave Iran with a vast nuclear infrastructure, providing it with a short break-out time to the bomb. Break-out time is the time it takes to amass enough weapons-grade uranium or plutonium for a nuclear bomb.
According to the deal, not a single nuclear facility would be demolished. Thousands of centrifuges used to enrich uranium would be left spinning. Thousands more would be temporarily disconnected, but not destroyed.
Because Iran’s nuclear program would be left largely intact, Iran’s break-out time would be very short — about a year by U.S. assessment, even shorter by Israel’s.
And if — if Iran’s work on advanced centrifuges, faster and faster centrifuges, is not stopped, that break-out time could still be shorter, a lot shorter.
True, certain restrictions would be imposed on Iran’s nuclear program and Iran’s adherence to those restrictions would be supervised by international inspectors. But here’s the problem. You see, inspectors document violations; they don’t stop them.
Inspectors knew when North Korea broke to the bomb, but that didn’t stop anything. North Korea turned off the cameras, kicked out the inspectors. Within a few years, it got the bomb.
Now, we’re warned that within five years North Korea could have an arsenal of 100 nuclear bombs.
Like North Korea, Iran, too, has defied international inspectors. It’s done that on at least three separate occasions — 2005, 2006, 2010. Like North Korea, Iran broke the locks, shut off the cameras.
Now, I know this is not gonna come a shock — as a shock to any of you, but Iran not only defies inspectors, it also plays a pretty good game of hide-and-cheat with them.
The U.N.’s nuclear watchdog agency, the IAEA, said again yesterday that Iran still refuses to come clean about its military nuclear program. Iran was also caught — caught twice, not once, twice — operating secret nuclear facilities in Natanz and Qom, facilities that inspectors didn’t even know existed.
Right now, Iran could be hiding nuclear facilities that we don’t know about, the U.S. and Israel. As the former head of inspections for the IAEA said in 2013, he said, “If there’s no undeclared installation today in Iran, it will be the first time in 20 years that it doesn’t have one.” Iran has proven time and again that it cannot be trusted. And that’s why the first major concession is a source of great concern. It leaves Iran with a vast nuclear infrastructure and relies on inspectors to prevent a breakout. That concession creates a real danger that Iran could get to the bomb by violating the deal.
But the second major concession creates an even greater danger that Iran could get to the bomb by keeping the deal. Because virtually all the restrictions on Iran’s nuclear program will automatically expire in about a decade.
Now, a decade may seem like a long time in political life, but it’s the blink of an eye in the life of a nation. It’s a blink of an eye in the life of our children. We all have a responsibility to consider what will happen when Iran’s nuclear capabilities are virtually unrestricted and all the sanctions will have been lifted. Iran would then be free to build a huge nuclear capacity that could product many, many nuclear bombs.
Iran’s Supreme Leader says that openly. He says, Iran plans to have 190,000 centrifuges, not 6,000 or even the 19,000 that Iran has today, but 10 times that amount — 190,000 centrifuges enriching uranium. With this massive capacity, Iran could make the fuel for an entire nuclear arsenal and this in a matter of weeks, once it makes that decision.
My long-time friend, John Kerry, Secretary of State, confirmed last week that Iran could legitimately possess that massive centrifuge capacity when the deal expires.
Now I want you to think about that. The foremost sponsor of global terrorism could be weeks away from having enough enriched uranium for an entire arsenal of nuclear weapons and this with full international legitimacy.
And by the way, if Iran’s Intercontinental Ballistic Missile program is not part of the deal, and so far, Iran refuses to even put it on the negotiating table. Well, Iran could have the means to deliver that nuclear arsenal to the far-reach corners of the earth, including to every part of the United States.
So you see, my friends, this deal has two major concessions: one, leaving Iran with a vast nuclear program and two, lifting the restrictions on that program in about a decade. That’s why this deal is so bad. It doesn’t block Iran’s path to the bomb; it paves Iran’s path to the bomb.
So why would anyone make this deal? Because they hope that Iran will change for the better in the coming years, or they believe that the alternative to this deal is worse?
Well, I disagree. I don’t believe that Iran’s radical regime will change for the better after this deal. This regime has been in power for 36 years, and its voracious appetite for aggression grows with each passing year. This deal would wet appetite — would only wet Iran’s appetite for more.
Would Iran be less aggressive when sanctions are removed and its economy is stronger? If Iran is gobbling up four countries right now while it’s under sanctions, how many more countries will Iran devour when sanctions are lifted? Would Iran fund less terrorism when it has mountains of cash with which to fund more terrorism?
Why should Iran’s radical regime change for the better when it can enjoy the best of both world’s: aggression abroad, prosperity at home?
This is a question that everyone asks in our region. Israel’s neighbors — Iran’s neighbors know that Iran will become even more aggressive and sponsor even more terrorism when its economy is unshackled and it’s been given a clear path to the bomb.
And many of these neighbors say they’ll respond by racing to get nuclear weapons of their own. So this deal won’t change Iran for the better; it will only change the Middle East for the worse. A deal that’s supposed to prevent nuclear proliferation would instead spark a nuclear arms race in the most dangerous part of the planet.
This deal won’t be a farewell to arms. It would be a farewell to arms control. And the Middle East would soon be crisscrossed by nuclear tripwires. A region where small skirmishes can trigger big wars would turn into a nuclear tinderbox.
If anyone thinks — if anyone thinks this deal kicks the can down the road, think again. When we get down that road, we’ll face a much more dangerous Iran, a Middle East littered with nuclear bombs and a countdown to a potential nuclear nightmare.
Ladies and gentlemen, I’ve come here today to tell you we don’t have to bet the security of the world on the hope that Iran will change for the better. We don’t have to gamble with our future and with our children’s future.
We can insist that restrictions on Iran’s nuclear program not be lifted for as long as Iran continues its aggression in the region and in the world.
(APPLAUSE)
Before lifting those restrictions, the world should demand that Iran do three things. First, stop its aggression against its neighbors in the Middle East. Second…
(APPLAUSE)
Second, stop supporting terrorism around the world.
(APPLAUSE)
And third, stop threatening to annihilate my country, Israel, the one and only Jewish state.
(APPLAUSE)
Thank you.
If the world powers are not prepared to insist that Iran change its behavior before a deal is signed, at the very least they should insist that Iran change its behavior before a deal expires.
(APPLAUSE)
If Iran changes its behavior, the restrictions would be lifted. If Iran doesn’t change its behavior, the restrictions should not be lifted.
(APPLAUSE)
If Iran wants to be treated like a normal country, let it act like a normal country.
(APPLAUSE)
My friends, what about the argument that there’s no alternative to this deal, that Iran’s nuclear know-how cannot be erased, that its nuclear program is so advanced that the best we can do is delay the inevitable, which is essentially what the proposed deal seeks to do?
Well, nuclear know-how without nuclear infrastructure doesn’t get you very much. A racecar driver without a car can’t drive. A pilot without a plan can’t fly. Without thousands of centrifuges, tons of enriched uranium or heavy water facilities, Iran can’t make nuclear weapons.
(APPLAUSE)
Iran’s nuclear program can be rolled back well-beyond the current proposal by insisting on a better deal and keeping up the pressure on a very vulnerable regime, especially given the recent collapse in the price of oil.
(APPLAUSE)
Now, if Iran threatens to walk away from the table — and this often happens in a Persian bazaar — call their bluff. They’ll be back, because they need the deal a lot more than you do.
(APPLAUSE)
And by maintaining the pressure on Iran and on those who do business with Iran, you have the power to make them need it even more.
My friends, for over a year, we’ve been told that no deal is better than a bad deal. Well, this is a bad deal. It’s a very bad deal. We’re better off without it.
(APPLAUSE)
Now we’re being told that the only alternative to this bad deal is war. That’s just not true.
The alternative to this bad deal is a much better deal.
(APPLAUSE)
A better deal that doesn’t leave Iran with a vast nuclear infrastructure and such a short break-out time. A better deal that keeps the restrictions on Iran’s nuclear program in place until Iran’s aggression ends.
(APPLAUSE)
A better deal that won’t give Iran an easy path to the bomb. A better deal that Israel and its neighbors may not like, but with which we could live, literally. And no country…
(APPLAUSE)
… no country has a greater stake — no country has a greater stake than Israel in a good deal that peacefully removes this threat.
Ladies and gentlemen, history has placed us at a fateful crossroads. We must now choose between two paths. One path leads to a bad deal that will at best curtail Iran’s nuclear ambitions for a while, but it will inexorably lead to a nuclear-armed Iran whose unbridled aggression will inevitably lead to war.
The second path, however difficult, could lead to a much better deal, that would prevent a nuclear-armed Iran, a nuclearized Middle East and the horrific consequences of both to all of humanity.
You don’t have to read Robert Frost to know. You have to live life to know that the difficult path is usually the one less traveled, but it will make all the difference for the future of my country, the security of the Middle East and the peace of the world, the peace, we all desire.
(APPLAUSE)
My friend, standing up to Iran is not easy. Standing up to dark and murderous regimes never is. With us today is Holocaust survivor and Nobel Prize winner Elie Wiesel.
(APPLAUSE)
Elie, your life and work inspires to give meaning to the words, “never again.”
(APPLAUSE)
And I wish I could promise you, Elie, that the lessons of history have been learned. I can only urge the leaders of the world not to repeat the mistakes of the past.
(APPLAUSE)
Not to sacrifice the future for the present; not to ignore aggression in the hopes of gaining an illusory peace.
But I can guarantee you this, the days when the Jewish people remained passive in the face of genocidal enemies, those days are over.
(APPLAUSE)
We are no longer scattered among the nations, powerless to defend ourselves. We restored our sovereignty in our ancient home. And the soldiers who defend our home have boundless courage. For the first time in 100 generations, we, the Jewish people, can defend ourselves.
(APPLAUSE)
This is why — this is why, as a prime minister of Israel, I can promise you one more thing: Even if Israel has to stand alone, Israel will stand.
(APPLAUSE)
But I know that Israel does not stand alone. I know that America stands with Israel.
(APPLAUSE)
I know that you stand with Israel.
(APPLAUSE)
You stand with Israel, because you know that the story of Israel is not only the story of the Jewish people but of the human spirit that refuses again and again to succumb to history’s horrors.
(APPLAUSE)
Facing me right up there in the gallery, overlooking all of us in this (inaudible) chamber is the image of Moses. Moses led our people from slavery to the gates of the Promised Land.
And before the people of Israel entered the land of Israel, Moses gave us a message that has steeled our resolve for thousands of years. I leave you with his message today, (SPEAKING IN HEBREW), “Be strong and resolute, neither fear nor dread them.”
My friends, may Israel and America always stand together, strong and resolute. May we neither fear nor dread the challenges ahead. May we face the future with confidence, strength and hope.
May God bless the state of Israel and may God bless the United States of America.
The prospective agreement is to be achieved based on the context of the Geneva agreement, officially titled the Joint Plan of Action (JPA). The Geneva agreement was an interim deal forged on November 24, 2013,[1] under which Iran agreed to roll back parts of its nuclear program for relief from some sanctions. The interim agreement went into effect on January 20, 2014.[2] Later the parties agreed to extend their talks. The first extension deadline was set to 24 November 2014[3]and, when it expired, the second extension deadline was set to 1 July 2015.[4]
Catherine Ashton and Javad Zarif in final news conference; The negotiation was described “Useful”.
The first round of negotiations was held at the UN’s center in Vienna from February 18 to 20, 2014. A timetable and framework for negotiating a comprehensive agreement was achieved, according to Catherine Ashton and Iran’s Foreign Minister Mohammad Javad Zarif.[7]
Second round: 17–20 March
Diplomats from the six nations, as well as Ashton and Zarif, met again in Vienna on March 17, 2014. A series of further negotiations were to be held before the July deadline.[8]
Fourth round: 13–16 May
This fourth round of Vienna negotiations ended on May 16. The Iranian and U.S. delegations headed by Iranian Foreign Minister Mohammad Javad Zarif and U.S. Under Secretary of State for Political AffairsWendy Sherman held a bilateral meeting. Both sides intended to begin drafting a final agreement, but made little progress. A senior U.S. official said “We are just at the beginning of the drafting process and we have a significant way to go,” while Iranian Deputy Foreign Minister Abbas Araqchi told reporters that “the talks were serious and constructive but no progress has been made” and “we have not reached the point to start drafting the final agreement.” The U.S. official emphasized that negotiations had been “very slow and difficult,” saying talks would resume in June and all parties want to keep the July 20 deadline and adding: “we believe we can still get it done.” Negotiators had made progress on one issue, the future of Iran’s planned Arak reactor, but remained far apart on whether Iran’s capacity to enrich uranium should shrink or expand. The U.S. delegation also raised the issues of Iran’s ballistic missile program and military dimensions of its past nuclear research. EU High RepresentativeCatherine Ashton conducted negotiations with Zarif and Wendy Sherman joined the talks at the end the last meeting.[9][10][11]
Fifth round: 16–20 June
The fifth round of talks ended on June 20 “with substantial differences still remaining.” The negotiating parties will meet again in Vienna on July 2. Under Secretary Sherman noted after the talks that it was “still unclear” whether Iran would act “to ensure the world that its nuclear program was strictly meant for peaceful purposes.”[12] Foreign Minister Zarif said the United States was making unreasonable demands of Iran, saying “the United States must take the most difficult decisions.”[13]
Under the Geneva interim agreement Iran agreed to convert some of its up to 5 percent LEU into an oxide powder that is not suitable for further enrichment. According to the monthly IAEA report released during this round the conversion of LEU has not been started yet. This means that Iran’s LEU stockpile “is almost certainly continuing to increase for the time being, simply because its production of the material has not stopped, unlike that of the 20 percent uranium gas.”[14]
Sixth (final) round: 2–20 July
The sixth round of nuclear negotiations between Iran and the P5+1 group started in Vienna on 2 July 2014. The parties are headed by Iran’s Foreign Minister Mohammad Javad Zarif and the EU’s foreign policy chief Catherine Ashton.[15]
John Kerry and Mohammad Javad Zarif conduct a bilateral meeting in Vienna, Austria, July 14, 2014
U.S. Secretary of State John Kerry and other Western foreign ministers arrived at Vienna to break a deadlock in the nuclear talks with Iran,[16] but their joint efforts failed to advance the negotiations. “There has been no breakthrough today,” said British Foreign Secretary William Hague on 13 July 2014 after meetings with the foreign ministers of USA, France, Germany and Iran. German foreign minister Frank-Walter Steinmeier said: “It is now time for Iran to decide whether they want co-operation with the world community or stay in isolation.”[17] The European foreign ministers left Vienna the same day. The Iranian Foreign Minister Javad Zarif said that the talks had “made some important headway.” [18] After three days of talks with the Iranian Foreign Minister Secretary of State Kerry headed back to Washington where he will consult with President Barack Obama and Congress leaders. No decision on an extension of negotiations beyond the July 20 deadline has been taken yet.[19] In order to continue talks a decision of each member of P5+1 is required.[20]
Wrapping-up the sixth round the Foreign Minister Zarif said that the achieved progress convinced the sides to extend their talks and the ultimate deadline would be November 25. He also expressed the hope that the new British foreign secretaryPhilip Hammond “will adopt a constructive diplomacy” towards Iran.[21] Several sources reported that all parties were prepared to extend negotiations but extension faced opposition in the U.S. Congress. Republicans and Democrats in Congress made it clear that they view a prolongation of the talks as allowing Iran to play for time. The Republican chairman of the U.S. House Committee on Foreign AffairsEd Royce said he hoped “the administration will finally engage in robust discussions with Congress about preparing additional sanctions against Iran”.[22][23]
Before the expiration of the six months imposed by the Joint Plan of Action (JPA) the sides agreed to extend negotiations by four months with a final deadline set for 24 November 2014. Additionally, in exchange for Iranian consent to convert some of its 20% enriched uranium into fuel for a research reactor, United States will unblock $2.8 billion in frozen Iranian funds. Negotiations will resume in September. John Kerry said that tangible progress had been made, but “very real gaps” remained. Ed Royce stated that he did not see “the extension as progress”.[3][24][25]
Under Secretary of State Wendy Sherman has testified before the U. S. Senate Foreign Relations Committee on the status of the talks. At her testimony on July 29, 2014 she said: “We made tangible progress in key areas, including Fordow, Arak, and IAEA access. However, critical gaps still exist…” Both Republicans and Democrats have insisted that a final agreement be put to a vote.[26]
Negotiations under the First Extension of JPA
Seventh (first extended) round: New York
Negotiations between the P5+1 and Iran over Iran’s nuclear program were resumed on 19 September 2014. They started on the sidelines of the United Nations General Assembly and Secretary of State John Kerry and his counterparts were given the opportunity to join the talks.[27][28] The talks were planned to last until September 26.[29][30]
Eighth round: Vienna
Negotiating teams of Iran and the P5+1 have held their eighth round of talks in Vienna on 16 October 2014. The meeting was led jointly by Foreign Minister Zarif and High Representative Ashton and the parties made an effort to sort out their differences.[31] Ashton’s spokesman stated: “Diplomatic efforts to find a resolution to the Iranian nuclear issue are now in a critical phase”.[32]
Russian Deputy Foreign Minister Sergei Ryabkov pointed that the issues of Iran’s enrichment programme, the schedule for sanction lifting and the future of the reactor in Arak were not settled and the subjects of inspection and transparency, duration of the agreement and some others were not completely agreed yet. Ryabkov expressed his opinion that a comprehensive agreement between the P5+1 and Iran will require no ratification. “We are negotiating a binding document, but under a generally recognized doctrine international political liabilities are equated with legal,” he said and admitted that some resolutions of the Security Council on Iran will need to be adjusted.[33]
Ninth round: Muscat
The round of talks took place on November 11 in the Omani capital Muscat and lasted one hour. At the meeting, Iranian deputy foreign ministers Abbas Araqchi and Majid Takht Ravanchi exchanged views with their counterparts from the P5+1.[34] The round, chaired by former EU foreign policy chief Catherine Ashton, was scheduled to brief the P5+1 members on Kerry and Zarif’s talks.[35] Local media reported that some representatives of the parties remained in Muscat to continue the talks.[36]
Tenth round: Vienna
Nuclear negotiations between Iran and the P5+1 resumed in Vienna on 18 November 2014 with participation of Iranian Foreign Minister Mohammad Zarif, EU chief negotiator Catherine Ashton, and foreign ministry officials. The talks were supposed to continue until the November 24 deadline.[37][38]
P5+1 Ministers and Iranian Foreign Minister Zarif in Vienna, Austria, November 24, 2014
Secretary of State John Kerry, after meeting British and Omani foreign ministers in London and Saudi and French foreign ministers in Paris, will arrive in Vienna for talks with Zarif and Ashton. Kerry’s meetings with French Foreign Minister Laurent Fabius and Saudi Foreign Minister Saud al-Faisal were considered critical.[39] After his Paris talks with Kerry Saudi Foreign Minister was due to meet Russian Foreign Minister Sergei Lavrov in Moscow.[40]
At IAEA meeting held on 20 November in Vienna the agency’s Director General Yukiya Amano, referring to allegations related to Iran’s engagement in weaponization activities, said that “Iran has not provided any explanations that enable the agency to clarify the outstanding practical measures.”[41] The same day at a press conference in Brussels The International Committee in Search of Justice (ISJ) presented its 100-page investigation report and claimed that Iran was hiding its nuclear military program inside a civil program. The report was endorsed by John Bolton and Robert Joseph and authored by ISJ President Alejo Vidal‐Quadras, a professor in nuclear physics and the former Vice-President of the European Parliament.[42][43][44][45]
The tenth round of nuclear negotiations and the first extension of the Joint Plan of Action between Iran and the P5+1 have ended on November 24. The two sides have failed to cut a deal at this round of talks and agreed to extend the Joint Plan of Action for the second time. The new deadline for a comprehensive deal was set to July 1, 2015. British foreign secretary Philip Hammond said it was not possible to meet the November deadline due to wide gaps on well-known points of contention. He stressed that while July 1 was the new deadline, the expectation was that broad agreement would be in place by March 1. According to Hammond, expert level talks will resume in December and Iran will receive about $700 million per month in frozen assets.[46][4]
Iran’s Foreign Minister Mohammad Javad Zarif said in a press conference after the Vienna talks: “Today the Iranian nuclear program is internationally recognized and no one speaks about our enrichment right…”[47] While answering a question about “fundamental gaps over how much enrichment capacity Iran would be allowed to retain”, Secretary of State John Kerry said in a news conference: “I’m not going to confirm whether or not there’s a gap or not a gap or where the gaps are. There obviously are gaps. We’ve said that.”[48]
Negotiations under the Second Extension of JPA
Eleventh round: Geneva
Negotiations between Iran and the P5+1 were resumed on 17 December 2014 in Geneva and lasted one day. No statements were issued after the closed-door talks either by the U.S. negotiating team or by EU spokesmen. Deputy foreign minister Araqchi said that it was agreed to continue the talks “next month” at a venue to be decided. Russian Deputy Foreign Minister Ryabkov said that Arak heavy-water reactor and sanctions against Iran were the two key outstanding issues in the nuclear talks.[49][50]
Twelfth round: Geneva
The round, held at the level of political directors of Iran and the P5+1, took place on January 18, 2015 following the four-day bilateral talks between the United States and Iran.[51] EU political director Helga Schmid chaired the meetings. After the talks France’s negotiator Nicolas de la Riviere told reporters: “The mood was very good, but I don’t think we made a lot of progress.”[52] “If there is progress it is a very slow one and there are no guarantees that this progress will transform into a decisive shift, breakthrough, into a compromise,” Russian negotiator Sergei Ryabkov told journalists, adding that “major disagreements remain on the majority of disputed issues.” [53]
Thirteenth round: Geneva
Representatives of Iran and the P5+1 met on February 22 at the EU mission in Geneva. Nicolas de la Riviere said after the meeting: “It was constructive, we will know results later.”[54][55]
Bilateral and trilateral talks
U.S.-Iran bilateral talks
According to a statement of the U.S. State Department bilateral nuclear consultations between the U.S. and Iranian officials “will take place in the context of the P5+1 nuclear negotiations”. The talks were held August 7 in Geneva and only few details about them were provided. The U.S. delegation was led by Deputy Secretary of State William Burns and included Under Secretary of State Wendy Sherman and Jake Sullivan, national security advisor to Vice President Joe Biden. The Iranian delegation included Deputy Foreign Ministers Abbas Araqchi and Majid Takht-Ravanchi.[56][57]
Deputy Minister Abbas Araqchi said that the bilateral talks were useful and focused on “the existing differences” in the negotiations.[58] Deputy Minister Majid Takht-Ravanchi made it clear that Iran will not accept a weak enrichment programme, while saying “we will not accept that our uranium enrichment programme becomes something like a toy”.[59]
Mohammad Javad Zarif, John Kerry and Catherine Ashton at a trilateral meeting in New York, September 26, 2014
The second round of the bilateral talks between representatives from the USA and Iran took place in Geneva on September 4–5. The negotiations consisted of 12 hours long political talks and 8 hours long expert talks.[60] The third round of the bilateral talks between the two countries took place in New York on September 18, 2014.[61]
According to The Associated Press, the U.S. has turned negotiations with Iran into a series of bilateral talks between the two countries that “race to seal a deal”.[62]Gary Samore, former White House coordinator for arms control and WMD, participating in a panel, said: “Any deal will have to be struck between Washington and Tehran and then ratified by the P5+1 and ultimately the UN Security Council.”[63]
On October 14 Iranian negotiators headed by the deputy foreign minister held a bilateral meeting with Senior U.S. Officials William Burns and Wendy Sherman in Vienna. Among other issues the negotiators set the stage for the trilateral meeting with Secretary Kerry, Baroness Ashton, and Foreign Minister Zarif that was convened for the next day.[64][65]
The US and Iranian delegations met on December 15 to 16 in Geneva in preparation for the multilateral talks, led by the US Acting Deputy Secretary of State Wendy Sherman and Iran’s Deputy Foreign Minister Abbas Araqchi. A member of Tehran’s team told IRNA that uranium enrichment and how to remove sanctions were sticking points in the bilateral talks.[49][50]
Iranian Foreign Minister Mohammad Zarif met with Secretary of State John Kerry on January 14 in Geneva and on January 16 in Paris.[66] According to Al-Monitorthe negotiators have worked intensively to try draft a joint document called the Principles of Agreement. The document is supposed to be an element of the framework agreement between Iran and P5+1, which is to be completed by March.[67]
Two rounds of bilateral negotiations between Foreign Minister Mohammad Zarif and Secretary of State John Kerry occurred on February 6 and 8 on the sidelines of the Security Conference in Munich.[68][69] During the conference, Mohammad Zarif gave an interview in which he claimed that IAEA inspected Iran for 10 years or more and found no evidence that Iran’s program wasn’t peaceful. He also claimed that JPA did not imply step-by-step removal of sanctions and the removal of sanctions has been “a condition for an agreement”. Foreign Minister Zarif stated: “I don’t think if we don’t have an agreement, it’ll be the end of the world. I mean, we tried, we failed, fine.”[70] IAEA Director General Yukiya Amano, who also took part in the conference, pointed out that Iran must provide urgent clarification on key aspects of its nuclear program. Making this more specific Yukiya Amano said: “Clarification of issues with possible military dimension and implementation of the Additional Protocol and beyond is essential.”[71]
U.S. Secretary of State John Kerry and Iran’s Foreign Minister Mohammad Zarif held three bilateral meetings in Geneva on February 22 and 23.[72]The Associated Press reported progress on a deal that would freeze Iran’s nuclear activities for at least 10 years but then “ease restrictions on programs that could be used to make atomic arms.” After the talks Mohammad Zarif spoke about “a better understanding” between the parties and John Kerry said: “We made progress.”[73] The columnist Charles Krauthammer commented on the leaked “sunset clause” that an agreement, containing this and other concessions to Iran, will mean “the end of nonproliferation.”[74]
U.S.-EU-Iran trilateral talks
Iran, EU and U.S. held two trilateral meetings at the foreign minister level in New York in September 2014. The U.S. State Department has argued that there are points when it makes sense for the foreign ministers at the trilateral level to get together to talk. “In part because the majority of the sanctions are EU and U.S., the trilateral makes sense.”[65]
On October 15 Iranian Foreign Minister Mohammad Zarif, EU High Representative Catherine Ashton and Secretary of State John Kerry have met again, this time in Vienna. A senior U.S. Department of State official said at a briefing with reporters that the parties were focused on the November 24 deadline and had not discussed an extension of the talks. The negotiators were working on a full agreement – the understandings and the annexes to them. “This is a situation where unless you have the detail, you do not know that you have the agreement,” explained the official.[75][76]
Secretary of State John Kerry, Iranian Foreign Minister Mohammad Zarif and former EU foreign policy chief Catherine Ashton have held talks on November 9–10 inMuscat seeking to bridge differences on a comprehensive nuclear agreement. Officials from all delegations have abstained from briefing reporters.[77] The talks ended without an imminent breakthrough.[78]
After arriving in Viena on 20 November John Kerry met for more than two hours with Mohammad Zarif and Catherine Ashton. It was not reported whether they made any headway.[79][80]
Main Points
Uranium stockpile and enrichment
Diagram of nuclear power and weapons cycle
Iran’s nuclear enrichment capacity is the biggest stumbling block in the negotiations on a comprehensive agreement.[11][59][81][82][83][84] The Security Council in its resolution 1929 has required Iran to suspend its uranium enrichment program.[85][86] For many years the United States held that no enrichment program should be permitted in Iran. In signing the Geneva interim agreement the U.S. and its P5+1 partners shifted away from zero enrichment to limited enrichment objective.[87][88] Additionally, they have determined that the comprehensive solution will “have a specified long-term duration to be agreed upon” and once it has expired Iran’s nuclear program will not be under special restrictions.[89]
Limited enrichment would mean limits on the numbers and types of centrifuges. Shortly before the comprehensive negotiations began, Iran was estimated to have 19,000 centrifuges installed, mostly first generation IR-1 machines, with about 10,000 of them operating to increase the concentration of uranium-235. The Iranians strive to expand their enrichment capacity by a factor of ten or more while the six powers aim to cut the number of centrifuges to no more than a few thousand.[88][90]
Olli Heinonen, former deputy director general of the IAEA, said in a radio interview that the agency does not have a complete picture of Iran’s nuclear profile since inspectors have been kept out of some sites. In particular, IAEA has not been able to assess “how much uranium has been produced in Iran over these years” and to verify the completeness of Iran’s declaration about the number of its centrifuges. Heinonen also pointed out that Iran has an “unfortunate history of misleading and not disclosing all its nuclear material.”[91]
Western analysts argued there were two distinct paths to deal with Iran’s nuclear program: complete dismantling or allowing limited activities while preventing Iran from a nuclear “breakout capability”.[92][93] The measures that would lengthen breakout timelines include “limits on the number, quality and/or output of centrifuges”.[94] The former Under Secretary of State for Arms Control and International Security AffairsRobert Joseph has argued that attempts to overcome the impasse over centrifuges by using a malleable SWU metric “as a substitute for limiting the number of centrifuges is nothing more than sleight of hand.” He has also quoted former U.S. Secretary of State Hillary Clinton saying “any enrichment will trigger an arms race in the Middle East.”[95]
In order to ensure that Iran’s nuclear program is for purely peaceful purposes, constraints should be put on its uranium enrichment. This should include the number and quality of centrifuges, research and development of more advanced centrifuges, the size of low-enriched uranium stockpile. The constraints are interrelated with each other – the more centrifuges Iran would have, the less stockpile the U.S. and P5+1 can accept, and vice versa. Colin Kahl, former Deputy Assistant U.S. Secretary of Defense for the Middle East, estimated in May 2014 that Iran’s stockpile was large enough to build 6 nuclear weapons and it had to be reduced.[96]Lengthening breakout timelines requires a substantial reduction in enrichment capacity and many experts talk about an acceptable range of about 2000-6000 first-generation centrifuges. But Iran stated that it wants to extend its capability substantially. In May 2014 Robert J. Einhorn, former Special Advisor on Non-Proliferation and Arms Control at the U.S. State Department, expressed confidence that if Iran will continue to insist on that huge number of centrifuges, there would be no agreement, since this robust enrichment capacity would bring the breakout time down to weeks or days.[97]
Plutonium production and separation
Under Secretary of State Wendy Sherman, testifying before the Senate Committee on Foreign Relations, said that a good deal will be one that cuts off Iran’s uranium, plutonium and covert pathways to obtain nuclear weapon.[26] Secretary of State John Kerry has testified before the U.S. House Committee on Foreign Affairs and expressed great concerns about the Arak nuclear reactor facility. “Now, we have strong feelings about what will happen in a final comprehensive agreement. From our point of view, Arak is unacceptable. You can’t have a heavy-water reactor,” he said.[98] President Barack Obama, while addressing the House of Representatives and Senate, emphasized that “these negotiations do not rely on trust; any long-term deal we agree to must be based on verifiable action that convinces us and the international community that Iran is not building a nuclear bomb.”[99]
Arak Heavy Water Reactor (IR-40)
Despite these statements, some analysts have feared that Obama administration might accept dangerous concessions to achieve a deal with Iran. For example, Fred Fleitz, a former CIA analyst and Chief of Staff to Undersecretaries of State for Arms, believed that such concessions were being proposed, and, as he explained: “… most dangerous is that we are considering letting Iran keep the Arak heavy water reactor which will be a source of plutonium. Plutonium is the most desired nuclear fuel for a bomb, it has a lower critical mass, you need less of it which is important in building missile warhead.”[100]
The head of Atomic Energy Organization of IranAli Akbar Salehi said in an interview that the heavy water reactor of Arak was designed as a research reactor and not for plutonium production. It will produce about 9 kg of plutonium but not weapons-grade plutonium. Dr. Salehi explained that “if you want to use the plutonium of this reactor you need a reprocessing plant”. “We do not have a reprocessing plant, we do not intend, although it is our right, we will not forgo our right, but we do not intend to build a reprocessing plant.” Further in the interview Salehi expressed his opinion that the pressure on Iran has not been genuine, it has been just an excuse to put “political pressure” and the concern about developing nuclear weapons was “fabricated”.[101]
According to information provided by the Federation of American Scientists, a sizable research program involving the production of heavy water might raise concerns about a plutonium-based weapon program, especially if such program was not easily justifiable on other accounts.[102] Gregory S. Jones, a senior researcher and a defense policy analyst, warned that if the heavy-water-production plant at Arak was not dismantled, Iran would be granted a “plutonium option” for acquiring nuclear weapons in addition to the dangerous centrifuge enrichment program.[103]
Agreement’s duration
According to an editorial in the Washington Post, the most troubling part of the Geneva interim agreement has been the “long-term duration” clause. This provision means that when the duration expires, “the Iranian nuclear program will be treated in the same manner as that of any non-nuclear weapon state party” to the NPT. Thus, once the comprehensive agreement expires, Iran will be able to install an unlimited number of centrifuges and produce plutonium without violating any international accord.”[104] Many Western analysts have referred to the comprehensive agreement as a “final” nuclear agreement with Iran “but clearly it will only be a long-term interim agreement”.[89]
Iran wants any agreement to last for at most 5 years while the U.S. prefers 20 years.[105] The twenty years is viewed as a minimum amount of time to develop confidence that Iran can be treated as other non-nuclear weapon states and allow the IAEA enough time to verify that Iran is fully compliant with all its non-proliferation obligations.[106]
The Iranian Supreme Leader Ali Khamenei said in May 2014: “Battle and jihad are endless because evil and its front continue to exist. … This battle will only end when the society can get rid of the oppressors’ front with America at the head of it, which has expanded its claws on human mind, body and thought.”[107] This and other declarations of jihadist principles by Ayatollah Khamenei[108] leave no doubt about Iran’s adoption of religiously-inspired combat against the U.S. and the West.[109] These principles include aramesh (hudna)[110] and such a truce cannot exceed 10 years.[111]
Some analysts suggested that if a single 20-year duration for all provisions of the agreement is too constraining, it would be possible to agree on different durations for different provisions. Some provisions could have short duration, and others could be longer. A few constraints, like enhanced monitoring at specific facilities, could be permanent.[112]
Possible covert paths to fissile material
Fordow Underground Fuel Enrichment Facility near Qom
Iran says its nuclear program is for peaceful purposes only. “We have never pursued or sought a nuclear bomb and we are not going to do so,” Iran’s president Hassan Rouhani said, according to a translation of an interview with him.[113] Iran’s Supreme Leader Ayatollah Ali Khamenei has pronounced a fatwa forbidding the production, stockpiling and use of nuclear weapons.[114] Some observers, however, have questioned the fatwa’s actual existence.[115]
The Iranian uranium enrichment facilities at Natanz (FEP and PFEP) and Fordow (FFEP) were constructed covertly and designed to operate in a similar manner. The facilities were declared by Iran only after they were revealed by other sources. Thus, only in September 2009, Iran notified the IAEA about constructing the Fordow facility.[116][117] The 2007 U.S. National Intelligence Estimateon Iran’s nuclear capabilities and intentions stated among the key judgments : “We assess with high confidence that until fall 2003, Iranian military entities were working under government direction to develop nuclear weapons.” Additionally the Estimate stated that after 2003 Iran has halted the covert enrichment for at least several years.[118][119]
The Estimate also stated: “We assess with moderate confidence that Iran probably would use covert facilities — rather than its declared nuclear sites — for the production of highly enriched uranium for a weapon.”[119] Despite this assessment some analysts have argued that negotiations between Iran and the P5+1, as well as most public discussions, were focused on Iran’s overt nuclear facilities while there existed alternative paths to obtain fissile material. Graham Allison, former U.S. Assistant Secretary of Defense, and Oren Setter, a research fellow at Belfer Center, compared this approach with Maginot’sfixation on a single threat “that led to fatal neglect of alternatives”. They have pointed out at least three additional paths to obtain such material:[120][121]
Covert make
Covert buy
Hybrid pathway (a combination of overt and covert paths)
William Tobey, former Deputy Administrator for Defense Nuclear Nonproliferation at the National Nuclear Security Administration, has outlined the possible ways to nuclear weapons as follows:[118]
Some sources published recommendations for agreement provisions relating to monitoring and verification in order to prevent covert activities and to provide tools to react if needed.[122][123][124][118] One of the sources warned the P5+1 that “if the monitoring elements that we recommend are not pursued now to diminish the risks of deception, it is difficult to envision that Iran would be compliant in the future, post-sanctions environment.”[125] According to the recommendations the agreement with Iran should include:
A requirement to cooperate with the IAEA inspectors in compliance with the UN Security Council resolutions
Monitoring of nuclear research and development (R&D)
Defining certain activities as breaches of the agreement that could provide basis for timely intervention
IAEA inspection
According to multiple resolutions of the United Nations Security Council (resolutions 1737, 1747, 1803, and 1929), enacted under Chapter VII of the United Nations Charter, Iran is obligated to cooperate fully with the IAEA on “all outstanding issues, particularly those which give rise to concerns about the possible military dimensions of the Iranian nuclear programme, including by providing access without delay to all sites, equipment, persons and documents requested by the IAEA…” On 11 November 2013 the IAEA and Iran signed a Joint Statement on a Framework for Cooperation committing both parties to cooperate and resolve all present and past issues in a step by step manner. As a first step, the Framework identified six practical measures to be completed within three months.[129] The IAEA reported that Iran had implemented those six measures in time.[130] In February and May 2014[131][132] the parties agreed to additional sets of measures related to the Framework.[133] In September the IAEA continued to report that Iran was not implementing its Additional Protocol, which is a prerequisite for the IAEA “to provide assurance about both declared and possible undeclared activities.” Under those circumstances, the Agency reported it will not be able to provide “credible assurance about the absence of undeclared nuclear material and activities in Iran”[134][126]
The implementation of interim Geneva Accord has involved transparency measures and enhanced monitoring to ensure the peaceful nature of Iran’s nuclear program. It was agreed that the IAEA will be “solely responsible for verifying and confirming all nuclear-related measures, consistent with its ongoing inspection role in Iran”. IAEA inspection has included daily access to Natanz and Fordow and managed access to centrifuge production facilities, uranium mines and mills, and the Arak heavy water reactor.[135][136][137] To implement these and other verification steps, Iran committed to “provide increased and unprecedented transparency into its nuclear program, including through more frequent and intrusive inspections as well as expanded provision of information to the IAEA.”[138]
Yukiya Amano and Mohammad Javad Zarif
Thus, there have been two ongoing diplomatic tracks — one by the P5+1 to curb Iran’s nuclear program and a second by the IAEA to resolve questions about the peaceful nature of Iran’s past nuclear activities. Although the IAEA inquiry has been formally separate from JPA negotiations, Washington said a successful IAEA investigation should be part of any final deal and that may be unlikely by the deadline of 24 November 2014.[139]
One expert on Iran’s nuclear program, David Albright, has explained that “It’s very hard if you are an IAEA inspector or analyst to say we can give you confidence that there’s not a weapons program today if you don’t know about the past. Because you don’t know what was done. You don’t know what they accomplished.” Albright argued that this history is important since the “infrastructure that was created could pop back into existence at any point in secret and move forward on nuclear weapons.”[140]
Iranian and IAEA officials met in Tehran on 16 and 17 August 2014 and discussed the five practical measures in the third step of the Framework for Cooperation agreed in May 2014.[141]Yukiya Amano, Director General of the IAEA, made a one-day visit to Tehran on August 17 and held talks with President of Iran Hassan Rouhani and other senior officials.[142] After the visit Iranian media criticized the IAEA while reporting that President Rouhani and the head of Atomic Energy Organization of Iran Salehi both tried “to make the IAEA chief Mr. Amano understand that there is an endpoint to Iran’s flexibility.”[143] The same week Iranian Defense MinisterHossein Dehghan said that Iran will not give IAEA inspectors access to Parchin military base. Yukiya Amano has noted previously that access to the Parchin base was essential for the Agency to be in position to certify Iran’s nuclear programme as peaceful.[144] Tehran was supposed to provide the IAEA with information related to the initiation of high explosives and to neutron transport calculations until August 25, but it failed to address these issues.[145] The two issues are associated with compressed materials that are required to produce a warhead small enough to fit on top of a missile.[146] During its October 7–8 meetings with IAEA in Tehran, Iran failed to propose any new practical measures to resolve the disputable issues.[147]
Nuclear-related issues beyond the negotiations
There are many steps toward nuclear weapons.[148] However, an effective nuclear weapons capability has only three major elements:[149]
Fissile or nuclear material in sufficient quantity and quality
Effective means for delivery, such as a ballistic missile
Design, weaponization, miniaturization, and survivability of the warhead
Evidence presented by the IAEA has shown that Iran has pursued all three of these elements: it has been enriching uranium for more than ten years and is constructing a heavy water reactor to produce plutonium, it has a well-developed ballistic missile program, and it has tested high explosives and compressed materials that can be used for nuclear warheads.[150]
Some analysts believe that Iran’s nuclear program should be negotiated in its entirety — it must include not only fissile material discussions but also ballistic missile development and weaponization issues.[151][152]
Priorities in monitoring and prevention
Henry Kissinger, former U.S. Secretary of State, has explained in his recent book (2014): “The best—perhaps the only—way to prevent the emergence of a nuclear weapons capability is to inhibit the development of a uranium-enrichment process …”
Joint Plan of Action[153] has not explicitly addressed the future status of Iran’s ballistic missile program. However, having been an interim agreement, it could not take into account all the issues that should be resolved as part of a comprehensive agreement. If a comprehensive agreement with Iran “does not tackle the issue of ballistic missiles, it will fall short of and may undermine … UN Security Council Resolutions.” Moreover, shifting “monitoring and prevention aims onto warheads without addressing Iran’s ballistic missile capacity also ignores U.S. legislation that forms the foundation of the sanctions regime against Iran”.[154]
Additionally, “monitoring warhead production is far more difficult than taking stock” of ballistic missiles and the U.S. government is far less good at detecting advanced centrifuges or covert facilities for manufacturing nuclear warheads.[154]
Anthony Cordesman, a former Pentagon official and a holder of the Arleigh A. Burke Chair in Strategy at the Center for Strategic and International Studies (CSIS), highlighted the view that the U.S. and other members of the P5+1, along with their attempts to limit Iran’s breakout capability and to prevent it from getting even one nuclear device, should mainly focus “on reaching a full an agreement that clearly denies Iran any ability to covertly create an effective nuclear force.”[155]
Ballistic missile program
Iran’s ballistic missiles have been tied to its nuclear-weapons program. Security Council Resolution 1929 “decides that Iran shall not undertake any activity related to ballistic missiles capable of delivering nuclear weapons.”[156] In May–June 2014 a U.N. Panel of Experts submitted a report pointing to Iran’s engagement in ballistic missile activities. The Panel reported that over the last year Iran has conducted a number of ballistic missile test launches, which were a violation of paragraph 9 of the resolution.[157]
The United States and its allies view Iran’s ballistic missiles as a subject for the talks on a comprehensive agreement since they regard it as a part of Iran’s potential nuclear threat. Members of Iran’s negotiating team in Vienna insisted the talks won’t focus on this issue.[161]
A few days before May 15, date when the next round of the negotiations was scheduled,[162] Iran’s Supreme Leader AyatollahAli Khamenei told the IRNA news agency that Western expectations on limits to Iran’s missile program were “stupid and idiotic” and called on the country’s Revolutionary Guards to mass-produce missiles.[163]
In his testimony before the U.S. House Committee on Armed Services, Managing Director of the Washington Institute for Near East Policy Michael Singh argued “that Iran should be required to cease elements of its ballistic-missile and space-launch programs as part of a nuclear accord.” This question was off the table since Iran’s Supreme Leader has insisted that Iran’s missile program is off-limits in the negotiations and P5+1 officials have been ambiguous.[151]
According to Debka.com, U.S. in its direct dialogue with Iran outside the P5+1 framework demanded to restrict Iran’s ICBM, whose 4,000 kilometers range places Europe and the United States at risk. This demand did not apply to ballistic missiles, whose range of 2,100 km covers any point in the Middle East. These medium-range missiles may also be nuclear and are capable of striking Israel, Saudi Arabia and the Persian Gulf.[164]
Iranian Defense MinisterHossein Dehghan stated at a press conference on August 2014 that Iran’s missile capability issue was not included in the comprehensive talks with the P5+1 countries and “will by no means be negotiated with anyone”.[165]
In a Senate committee hearing former U.S. Secretary of State George Schultz has expressed believe that Iran’s missile program and its ICBM capability, as well as its support of the terrorism, should also be on the table.[166]
Possible military dimensions
Since 2002, the IAEA has become concerned and noted in its reports that some elements of Iran’s nuclear program could be used for military purposes. More detailed information about suspected weaponization aspects of Iran’s nuclear program – the possible military dimensions (PMD) – has been provided in the IAEA reports issued in May 2008 and November 2011. The file of Iran’s PMD issues included development of detonators, high explosives initiation systems, neutron initiators, nuclear payloads for missiles and other kinds of developments, calculations and tests. The Security Council Resolution 1929 reaffirmed “that Iran shall cooperate fully with the IAEA on all outstanding issues, particularly those which give rise to concerns about the possible military dimensions of the Iranian nuclear program, including by providing access without delay to all sites, equipment, persons and documents requested by the IAEA.”[116][167][168]
In November 2013 Iran and the IAEA have signed a Joint Statement on a Framework for Cooperation committing both parties to resolve all present and past issues.[129] In the same month the P5+1 and Iran have signed the Joint Plan of Action, which aimed to develop a long-term comprehensive solution for Iran’s nuclear program. The IAEA continued to investigate PMD issues as a part of the Framework for Cooperation. The P5+1 and Iran have committed to establish a Joint Commission to work with the IAEA to monitor implementation of the Joint Plan and “to facilitate resolution of past and present issues of concern” with respect to Iran’s nuclear program, including PMD of the program and Iran’s activities at Parchin.[153][169] Some analysts asked what happens if Iran balks and IAEA fails to resolve significant PDM issues. According to the U.S. Department of State, any compliance issues wouldn’t be discussed by the Joint Commission but would be dealt “at the expert level, and then come up to the political directors and up to foreign ministers if needed.” Thus, an unresolved issue might be declared sufficiently addressed as a result of a political decision.[170]
Prior to the signing of an interim nuclear agreement, it was commonly understood in Washington that Iran must “come clean about the possible military dimensions of its nuclear program,” as Undersecretary Wendy Sherman testified before the Senate Foreign Relations Committee in 2011. The Iranians have refused to acknowledge having a weaponization program. Meanwhile, analysts close to the Obama administration begin to boost so-called limited disclosure option.[171]Nevertheless, 354 members of U.S. Congress were “deeply concerned with Iran’s refusal to fully cooperate with the International Atomic Energy Agency.” On October 1, they sent a letter to Secretary of State John Kerry stating that “Iran’s willingness to fully reveal all aspects of its nuclear program is a fundamental test of Iran’s intention to uphold a comprehensive agreement.”[172]
Some organizations have published lists of suspected nuclear-weaponization facilities in Iran.[173][174] Below is a partial list of such facilities:
Institute of Applied Physics (IAP)
Kimia Maadan Company (KM)
Parchin Military Complex
Physics Research Center (PHRC)
Tehran Nuclear Research Center (TNRC)
In September 2014 the IAEA reported about ongoing reconstructions at Parchin military base. The Agency has anticipated that these activities will further undermine its ability to conduct effective verification if and when this location would be open for inspection.[175] A month later, The New York Times reported that according to a statement by Yukiya Amano, the IAEA Director General, Iran had stopped answering the Agency’s questions about suspected past weaponization issues. Iran has argued that what has been described as evidence is fabricated.[176] In his speech at Brookings Institution Yukiya Amano said that progress has been limited and two important practical measures, which should have been implemented by Iran two months ago, have still not been implemented. Mr. Amano stressed his commitment to work with Iran “to restore international confidence in the peaceful nature of its nuclear programme”. But he also warned: “this is not a never-ending process. It is very important that Iran fully implements the Framework for Cooperation – sooner rather than later.”[177]
Supreme leader’s Fatwa against nuclear weapon
Ali Khamenei, Iranian leader issued a Fatwa (religious edict) denouncing nuclear weapon and calling it as “Haraam” (Forbidden by religion). American officials noticed the topic several times and called it as a point to start discussions. In an interview in Jordan, Kerry said he respect the idea.[178]
Some observers, however, have questioned the fatwa’s actual existence.[115]
Ayatollah Jalal Ganje’i, a ayatollah based in Paris, has given a detailed explanation why it is “more than evident” that there is no fatwa to back up the regime’s officials when they claim that Iran has only peaceful intentions for its nuclear program. Ayatollah Ganje’i has concluded his comments as follows: “President Obama and other Western leaders cannot set policy according to non-binding and easily reversible remarks by Khamenei. Doing so would put the world in great peril on the basis of a fantasy.”[179] The Supreme Leader Ali Khamenei has made “a clear-cut distinction between the notion of pure Islam of the Prophet Mohammad and the American-style Islam”, but ‘Paris-style’ Islam has not been declared illegal.[180]
Arak reactor
The head of Atomic Energy Organization of Iran Ali Akbar Salehi said in April 2014 that a dispute between world powers and Iran over its heavy water reactor at Arak had been “virtually resolved” and the reactor will be redesigned to produce one-fifth of the plutonium initially planned for it.[181]
In May 2014, after the fourth round closing, Abbas Araqchi announced on Iranian TV that Arak reactor will remain a heavy water facility and would continue its work with 40 megawatts of power.[182]
In June 2014, Salehi announced that Iran was redesigning the Arak reactor to produce less than 1 kg of plutonium per year, compared to 9–10 kg per year with the original design. Princeton University experts had proposed a redesign involving changing the reactor’s fuel and reducing its power level, with a similar effect on plutonium production. However, the concern remained that this redesign could be reversed.[183]
After the sixth round of negotiations Abbas Araqchi had made clear that “any agreement about Arak or Fordo nuclear facilities is denied”.[184]
Uranium enrichment
France’s foreign minister Laurent Fabius said on June 10, 2014 that the biggest point of disagreement in the talks is how many centrifuges Iran will be allowed. The six powers say Iran may keep some hundreds of centrifuges while the Iranians say they require hundreds of thousands of centrifuges.[185] “…what is the purpose of having thousands of centrifuges if we’re not heading towards an atomic bomb? So the question that will be asked in the coming weeks is whether Iran is really ready to accept to give up the atomic bomb or not,” Fabius said.[84]
The FATF has been “particularly and exceptionally concerned” about Iran’s failure to address the risk of terrorist financing. Iran was included in FATF blacklist.[187]In 2014 Iran remained a state of proliferation concern. Despite multiple United Nations Security Council resolutions requiring Iran to suspend its sensitive nuclear proliferation activities, Iran has continued to violate its international obligations regarding its nuclear program.[188]
Iran insists that its nuclear program is “completely peaceful and has always been carrying out under supervision of the IAEA”.[189] Some analysts argue that “Iranian actions, including the evidence of work on weaponization, the development of long-range ballistic missiles, and the placement of the program within the IRGC” indicate that Iran’s arsenal is not virtual.[190]
According to policy documents published by the Obama administration, it believes in the efficacy of traditional Cold War deterrence as the remedy to the challenge of states acquiring nuclear weapons. Another assumption of the administration is that the Iranian regime is “rational” and hence deterrable. Dr. Shmuel Bar, former Director of Studies at the Institute of Policy and Strategy in Herzliya, has argued in his research that the Cold War deterrence doctrine will not be applicable to nuclear Iran. The inherent instability of the Middle East and its regimes, the difficulty in managing multilateral nuclear tensions, the weight of religious, emotional, and internal pressures, and the proclivity of many of the regimes toward military adventurism and brinkmanship give little hope for the future of the region once it enters the nuclear age. By its own admission, the Iranian regime favors revolution and is against the status quo in the region.[191] Shmuel Bar has characterized the regime as follows:
“Since its inception, it has been committed to ‘propagation of Islam’ (tablighi eslami) and ‘export of revolution’ (sudur inqilab). The former is viewed by the regime as a fundamental Islamic duty and the latter as a prime tenet of the regime’s ideology, enshrined in the constitution and the works of the Imam Khomeini. Together they form a worldview that sees Islamic Iran as a nation with a ‘manifest destiny’: to lead the Muslim world and to become a predominant regional ‘superpower’ in the Gulf, the heart of the Arab world, and in Central Asia.” [191]
A quite different approach to Iran has been proposed by The Economist:
“The disastrous presidency of Mahmoud Ahmadinejad, the failed Green revolution—which sought to topple him in 2009—and the chaotic Arab spring have for the moment discredited radical politics and boosted pragmatic centrists. The traditional religious society that the mullahs dreamt of has receded… Although this hardly amounts to democracy, it is a political marketplace and, as Mr Ahmadinejad discovered, policies that tack away from the consensus do not last. That is why last year Iran elected a president, Hassan Rohani, who wants to open up to the world and who has reined in the hardline Islamic Revolutionary Guard Corps.”[192]
Supreme Leader Ali Khamenei has declared on September 4, 2014 that the way forward for his regime is to ramp up its “eqtedar” (might). Ayatollah Jalal Ganje’i has explained that Iranian regime intended to achieve this by one of two ways: to expand regional influence through the export of terrorism, officially described as “export of revolution” or to develop nuclear weapons.[179]
The fighters from Hezbollah and Quds forces have been publicly operating in several foreign territories. Iran and pro-Iranian proxies have been military involved inSyria, Iraq, Lebanon, Yemen, and other regional nations. Iranian state TV has been showing the pictures of the commander of Quds force in foreign territories and pointing to the Islamic Republic’s indispensable power and influence in the Middle East. Iranian leaders have been attempting to reassert their power and supremacy in the region more publicly and sending the signal to other states that “Iran is in fact the sole regional power to rely on rather than the United States and Western allies.”[193]
Iran has developed a close and cooperative relationship with Cuba and Venezuela against the U.S. Having limited military capabilities and substantial distance from the region, Iran, in case of a conflict with the U.S., would be able to launch an asymmetrical offensive against the U.S. “through surrogate terrorist states and paramilitary organizations.”[194] Iran and Hizbullah also maintain a considerable presence in other countries of Latin America.[195]
On January 4, 2015 President of Iran Hassan Rouhani pointed out that the Iranians cause was not connected to a centrifuge, but to their “heart and willpower”. He added that Iran couldn’t have sustainable growth while it was isolated. So he would like some economic reforms passed by referendum. These words could be considered as willingness to work with international powers.[196] But a few days later Supreme Leader Ali Khamenei, who makes final and conclusive decisions on all matters of Iranian national security, warned that “Americans are impudently saying that even if Iran backs down on the nuclear issue, all the sanctions will not be lifted at once.” Iran should therefore “take the instrument of sanctions out of enemy’s hands” and develop “economic of resistance.”[197]
“They’re trying to develop nuclear weapons. There is no sensible explanation for the extent, the money, the talent they’ve devoted to their nuclear thing, other than that they want a nuclear weapon. It can’t be explained any other way.”
“They give every indication, Mr. Chairman, that they don’t want a nuclear weapon for deterrence, they want a nuclear weapon to use it on Israel. So it’s a very threatening situation.”[166]
P5+1
United States
In its Nuclear Posture Review in April 2010 the U.S. has stated that in Asia and the Middle East – where there were no military alliances analogous to NATO – it had mainly extended deterrence through bilateral alliances and security relationships and through its forward military presence and security guarantees. According to the Review Report: “The Administration is pursuing strategic dialogues with its allies and partners in East Asia and the Middle East to determine how best to cooperatively strengthen regional security architectures to enhance peace and security, and reassure them that U.S. extended deterrence is credible and effective.”[198] Since 2010 the U.S. position has been less clear and it seems “to be deliberately lowering its profile – either because it might interference with negotiations by the 5+1 or because it has less support within the Obama Administration.”[199]
Two weeks after the Geneva interim deal was achieved, President Barack Obama disclosed in an interview that while taking office, he decided to “reach out to Iran” and open up a diplomatic channel. He emphasized: “the best way for us to prevent Iran from getting a nuclear weapons is for a comprehensive, verifiable, diplomatic resolution, without taking any other options off the table if we fail to achieve that.” The President also expressed strong belief that an end state can be envisioned, where Iran will not have breakout capacity. Barack Obama, however, added: “If you asked me what is the likelihood that we’re able to arrive at the end state that I was just describing earlier, I wouldn’t say that it’s more than 50/50.”[200][201]
About fourteen months after the Geneva interim agreement was signed, President Barack Obama reiterated his assessment that the chances to “get a diplomatic deal are probably less than 50/50.”[202] Shortly afterwards, in his State of the Union presented to a joint session of the United States Congress, the President announced: “Our diplomacy is at work with respect to Iran, where, for the first time in a decade, we’ve halted the progress of its nuclear program and reduced its stockpile of nuclear material.”[203] The accuracy of this statement has been challenged by some media sources. For example, based on experts’ assessments Glenn Kessler from the Washington Post has come to the conclusion that between 2013 and 2014 the amount of nuclear material, which could be converted by Iran to a bomb, has been increased. Olli Heinonen observed that the interim agreement “is just a step to create negotiation space; nothing more. It is not a viable longer term situation.” Jeffrey Lewis observed that Obama’s statement was an oversimplification, and that while Iran’s stockpiles of the “most dangerous” nuclear materials had declined, overall stocks had increased.[204] Right-wing publications The Federalist and The Washington Free Beacon have said that the Iranians have exploited loopholes in the interim agreement and made significant progress on all areas of their nuclear program. Right-wing commentator Fred Fleitz stated in The National Review Online that the “number of nuclear weapons Iran could make from its enriched uranium has steadily risen throughout Mr. Obama’s presidency”.[205][206][207]Both, the mainstream Washington Post and the conservative National Review Online, presented the Center for Security Policy’s chart that illustrates Iran’s build-up of nuclear material since 2009.[208]
United Kingdom
United Kingdom is interested in constructive relationship with Iran. For decades Iran has been regarded as a threat to the security of the UK and its regional partners in the Middle East and in the Persian Gulf. The UK believes that negotiations in Vienna are the most appropriate framework for coping with Iranian nuclear intentions. The British Government is satisfied with the convergence of UK and US policy on Iran and with a united front maintained by the P5+1 countries. It also assures that the agreement with Iran does not imply any diminution in the commitments to the alliances in the region and to the struggle against terrorism. Foreign Affairs Committee of the House of Commons expressed opinion that the comprehensive agreement should include the issues of Parchin Military Complex.[209]
Non-negotiating countries’ positions
Saudi Arabia
Saudi Arabia fears that a deal with Iran could come at expense of Sunni Arabs. President Barack Obama paid a visit to Riyadh in March 2014 and assured King Abdullah that he is determined to stop Iran from getting a nuclear weapon and that USA will not accept a bad deal. However, an editorial in Al Riyadh newspaper claimed that the president did not know Iran as the Saudis did, and could not convince them that Iran will be peaceful.[210]
Israel
After the meetings between Western foreign ministers and Iranian counterpart on 13 July 2014 Prime Minister of IsraelBenjamin Netanyahu in an interview with Fox News warned that “a bad deal is actually worse than no deal.” He explained that allowing Iran to stockpile nuclear material or to preserve the capability of uranium enrichment in return for the presence of international inspectors would lead to a “catastrophic development”.[211] At his meeting with Barack Obama in Washington in October 2014, Benjamin Netanyahu warned U.S. President not to accept any Iran deal that would allow Tehran to become a “threshold nuclear power.” Netanyahu’s remark highlighted the long-standing disagreement between Israel and the Obama administration on the nuclear talks with Iran.[212]
In his speech presented to a joint session of the U.S. Congress on March 3, 2015, Israeli Prime Minister Benjamin Netanyahu emphasized that the negotiated deal was bad because of its two major concessions: leaving Iran with a vast nuclear program and lifting the restrictions on that program in about a decade. “It doesn’t block Iran’s path to the bomb; it paves Iran’s path to the bomb,” said the Prime Minister. Netanyahu also urged the leaders of the world “not to repeat the mistakes of the past” and expressed his commitment that “if Israel has to stand alone, Israel will stand.”[213]
What-if analysis
Oil prices
Iran needs oil at $136 a barrel to finance its spending plans. In 2013 it spent $100 billion on consumer subsidies, about 25% of GDP. “Sanctions mean it cannot borrow its way out of trouble”.[214]
Collapse of negotiations]
Undersecretary of State Wendy Sherman warned that a failure of the nuclear negotiations with Iran will lead to a dangerous escalation by both Tehran and the West. “That is why I say the stakes are quite high here,” she said on October 23, 2014. “The alternatives are quite terrible.”[215]
Washington Post columnist David Ignatius has supposed that if the parties don’t reach an agreement by the June 30, 2015, the United States may turn on its ability “to use cyberweapons to attack Iranian nuclear facilities” and Iran may turn on its ability “to wage covert war through its proxies in the Middle East.”[216]
Cutting a bad nuclear deal with Iran
A deal “that removes the most important sanctions but does not extend Iran’s breakout scenario to at least six months, that does not address the possible military dimensions of Iran’s nuclear work, that does not allow for rigorous monitoring and transparency, that places only short duration constraints that are easily reversible, and that unravels sanctions against Iran’s support for terrorism and gross human rights violations as well” is a bad deal. This definition has been given by a former senior analyst for the U.S. Department of Defense J. Matthew McInnis at his testimony before the House Committee on Foreign Affairs on November 18, 2014.[217]
A bad deal will leave everyone in the region uncertain about Iran’s intentions and potential nuclear weapons capabilities. It will lead other countries to take potentially dangerous decisions, such as acquiring nuclear weapons or making strategic accommodation with Iran. According to McInnis, “In the worst case scenario, we could eventually face a nuclear Iran, for whom classic containment and deterrence approaches are unlikely to be effective.”[217]
Testifying before the Committee David Albright said that in order to avoid a bad nuclear deal with Iran “the P5+1 must hold strong on achieving an agreement that limits Iran’s nuclear program to a reasonable civilian capability, significantly increases the timelines for breakout to nuclear weapons, and introduces enhanced verification that goes beyond the IAEA’s Additional Protocol.”[218]
Albright also highlighted at his testimony that a “sound deal” will require Iran to address IAEA’s concerns about PMD of its nuclear program before a deal is finalized or the economic or financial sanctions are relieved. To achieve a “verifiable solution” Iran will have to significantly reduce the number of its centrifuges and uranium stocks, as well as to limit its centrifuge R&D programs.[218]
U.S. President vs Congress
The president remains in overall control of foreign policy and defence. “Mr Obama would probably veto any bill that tightened sanctions against his wishes.”[219]
According to Jack Goldsmith, Harvard Law School professor and a former Bush administration official, President Obama has the authority to “waive most if not all sanctions against Iran for the remaining two years of his term.” If he does so, the deal with Iran “will be tenuous”. The President believes that Congress will not cooperate on this issue now. “So if he wants a deal with Iran (which he clearly does), Obama must strike the deal on his own.”[220] If President Obama suspends sanctions the entire sanctions regime will probably collapse. “The end result would be a deal that expires when Obama leaves and a sanctions regime in tatters. Iran will then have exactly what it wants — relief from sanctions, a deal that doesn’t block it from acquiring a nuclear weapons capability … and a revived economy,” has argued Jennifer Rubin, a lawyer and a columnist for The Washington Post.”[221]
The lawyer Alan Dershowitz is of the view that if “Congress chooses to assert its constitutional power to participate in foreign policy decisions”, Obama would not have a completely free hand in making a deal with Iran. In case of a constitutional conflict between these branches of government, the Supreme Court may resolve the conflict but it is unclear how the judges would deal with it.[222]
Next Supreme Leader Appointment
The Supreme Leader is the most powerful man in Iran. He has the ultimate say on Iran’s foreign policy and nuclear programme. Iran’s Supreme Leader is appointed by the Assembly of Experts in the event of the death, resignation, or dismissal of the leader. While the Assembly of Experts has the formal role in the appointment, in practice the decision will be influenced by powerful lobbies. The most powerful political organization is Iran’s Revolutionary Guards (IRGC) that has control over the military, politics, economy, and nuclear program. The IRGC and the office of the current Supreme Leader will be the key selecting players. Majid Rafizadeh, an Iranian-American scholar at Harvard University, has argued that the IRGC will attempt to choose an individual who serves its objectives: “obtaining nuclear capabilities, having a monopoly over economic and political affairs, having power in foreign policy and having the capability to intervene in other countries’ affairs without hurdles from any political figures including the Supreme Leader.”[223][224]
Clifton W. Sherrill, an assistant professor of international relations at Troy University, has come to the conclusion that with “no consensus successor and with concerns that dividing power among a council may diminish the strength of the regime, the conditions are ripe for an IRGC power grab.” Explaining the role of the IRGC, Sherrill has written (2011): “Today, it has its own air force, navy, and infantry; maintains its own intelligence service; runs strategic think tanks, defense research and development programs, and its own universities; coordinates Iranian support for Islamist terrorist groups abroad; and holds primary responsibility for the regime’s nuclear weapons program.”[225]
Story 1: Breaking News Virgin Galactic’s SpaceShipTwo Crashes in Test Flight — One Test Pilot Killed and One Test Pilot Seriously Injured — Are You Going Into Space — You Bet — The X Prize Vision — Videos
STATEMENT FROM VIRGIN GALACTIC
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Virgin Galactic’s partner Scaled Composites conducted a powered test flight of SpaceShipTwo earlier today. During the test, the vehicle suffered a serious anomaly resulting in the loss of the vehicle. Our first concern is the status of the pilots, which is unknown at this time. We will work closely with the relevant authorities to determine the cause of the accident and provide updates as soon as we are able to do so.
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Pilot killed in Virgin spaceship crash -VIRGIN GALACTIC SPACESHIPTWO CRASHES, OCT. 31, 2014
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BREAKING NEWS SPACE ROCKET ACCIDENT VIRGIN GALACTIC SPACESHIP TWO TEST MOJAVE CALIFORNIA 10/31/2014
Virgin Galactic spaceship crash in Mojave desert – the remains of the spacecraft – October 31 2014
Virgin Galactic Majestic Flight Showreel – Long Version
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Virgin Galactic’s Second Rocket Powered Flight Tail Footage
SpaceShipTwo — First Rocket-Powered, Supersonic Test Flight [HD]
SS2 First Feather Flight
Exclusive footage of the first feather flight, Mojave, CA, May 2011. Filmed by Mobile Aerospace Reconnaissance System (MARS) & The Clay Center Observatory.
Your Journey To Space Starts Here June 2013
Your Journey Into Space Starts Here
Sir Richard Branson’s thoughts on SpaceShipTwo’s First Rocket-Powered Test Flight [HD]
The X PRIZE Vision
Ansari XPRIZE 10th Anniversary Webcast
Virgin Galactic SpaceShip VSS Enterprise Unveil
Virgin Galactic Film 2009
Breaking
Virgin Galactic’s SpaceShipTwo crashes during testing
Virgin Galactic’s SpaceShipTwo crashed after it had an “in-flight anomaly” during testing Friday, according to a Mojave Air and Space Port spokesperson.
The status of its pilots is unknown.
A statement from Virgin Galactic said its partner Scaled Composites conducted the test flight Friday, during which a “serious anomaly” led to the “loss of the vehicle.”
This was the company’s first rocket-powered test flight in nine months. In January, SpaceShipTwo reached 71,000 feet – its highest altitude so far.
Virgin Galactic has conducted testing for the spacecraft in the Mojave Desert at Mojave Air and Space Port, about 100 miles northeast of Los Angeles.
British billionaire Richard Branson’s commercial space venture in May announced an agreement with the Federal Aviation Administration that helped clear the path to send paying customers on a suborbital flight.
The agreement sets the parameters for how routine missions to space will take place in national airspace. It does not yet give the company a license to launch these missions.
The company’s plans have been repeatedly delayed. Branson said earlier this month at a celebration in Mojave that it was “on the verge” of going to space, but he did not give a timeframe.
Virgin Galactic’s SpaceShipTwo rocket plane exploded and crashed during a powered test flight on Friday, resulting in one fatality and one injury, authorities said.
The explosion occurred after the plane was released from its WhiteKnightTwo carrier airplane and fired up its rocket engine in flight for the first time in more than nine months.
“During the test, the vehicle suffered a serious anomaly resulting in the loss of the vehicle,” Virgin Galactic said in a statement. “The WhiteKnightTwo carrier aircraft landed safely. Our first concern is the status of the pilots.”
Jesse Borne, an officer at the California Highway Patrol, told NBC News that there was one fatality and one major injury.
The flight originated from the Mojave Air and Space Port, about 95 miles (150 kilometers) north of Los Angeles. The Federal Aviation Administration said two crew members were aboard SpaceShipTwo — which is consistent with Virgin Galactic’s practice of having two test pilots who are equipped with parachutes. The pilots have not yet been identified.
Photographer Ken Brown, who was covering the test flight, told NBC News that he saw an explosion high in the air and later came upon SpaceShipTwo debris scattered across a small area of the desert. The Mojave airport’s director, Stuart Witt, said the craft crashed north of Mojave. He deferred further comment pending a news conference that is scheduled for 2 p.m. PT (5 p.m. ET).
Keith Holloway, a Washington-based spokesman for the National Transportation and Safety Board, said “we are in the process of collecting information.” The FAA said it was also investigating the incident.
New kind of fuel tested
During the nine months since the previous rocket-powered test in January, Virgin Galactic switched SpaceShipTwo’s fuel mixture from a rubber-based compound to a plastic-based mix — in hopes that the new formulation would boost the hybrid rocket engine’s performance.
The latest test got off to a slow start. SpaceShipTwo spent more than three hours on the Mojave runway, slung beneath its WhiteKnightTwo mothership, while the ground team assessed whether the weather was right for flight. The go-ahead was finally given for takeoff at 9:19 a.m. PT (12:19 p.m. ET).
It took WhiteKnightTwo about 45 minutes to get to 50,000 feet, the altitude at which it released SpaceShipTwo for free flight.
The flight was part of Virgin Galactic’s long-running program to test SpaceShipTwo in preparation for suborbital trips to the edge of outer space. Virgin Galactic had said the first trip to an outer-space altitude — usually defined as 100 kilometers, or 62 miles — could have taken place before the end of the year, depending on how the tests went. The company’s billionaire founder, Richard Branson, was hoping to ride on the first commercial flight next year.
More than 700 customers have paid as much as $250,000 for a ride on the rocket plane.
Branson’s Virgin Galactic Spaceship in catastrophic explosion and crash: One pilot dead and another critical as experimental plane blows up on test flight over California
SpaceShipTwo was flying under rocket power and then tweeted that it had ‘experienced an in-flight anomaly’
Virgin Galactic confirmed craft had exploded
Images show parts of the craft on the ground
Lady Gaga, Justin Bieber, Katy Perry and Kate Winslet among those who have signed up to fly in the spacecraft
Second space disaster in a week after Antares rocket exploded
Sir Richard Branson had pledged to be on first commercial flight with his family
More than 700 customers have paid as much as $250,000 for a seat on the plane, which cost $500 million to develop
Virgin Galactic’sSpaceShipTwo spacecraft has exploded during a test flight over the Mojave desert, killing one of the two pilots onboard.
Onlookers reported seeing an explosion and debris from the craft.
Two pilots were onboard, and authorities confirmed one was dead, with the second being taken to hospital in Lancaster with serious injuries aboard a helicopter.
Scroll down for videos
Parts of the crashed spacecraft in the Mojave desert. SpaceShipTwo was flying under rocket power after being released from its mothership – then Virgin tweeted that it had ‘experienced an in-flight anomaly.’
Two pilots were onboard, and authorities confirmed one was dead, with the second being taken to hospital in Lancaster with serious injuries aboard a helicopter (pictured)
Part of SpaceShip Two’s fuselage on the desert floor
Onlookers saw at least one parachute from the craft, which has two crew members.
‘Virgin Galactic’s partner Scaled Composites conducted a powered test flight of #SpaceShipTwo earlier today,’ Virgin Galactic said in a tweeted statement.
‘During the test, the vehicle suffered a serious anomaly resulting in the loss of SpaceShipTwo. WK2 landed safely.
‘Our first concern is the status of the pilots, which is unknown at this time.
‘We will work closely with relevant authorities to determine the cause of this accident and provide updates ASAP.’
The company earlier tweeted that SpaceShipTwo was flying under rocket power and then tweeted that it had ‘experienced an in-flight anomaly.’
Richard Branson said in a statement, ‘Thoughts with all at Virgin Galactic & Scaled, thanks for all your messages of support. I’m flying to Mojave immediately to be with the team.’
Wreckage of Virgin Galactic’s space tourism rocket
Parachutes were spotted in the area, and ABC captured this image of them on the ground
Twitter users have begun posting pictures of the debris to Twitter
Virgin Galactic’s Spaceship 2 in flight. The rocket exploded today, killing one pilot and seriously injuring another
The FAA is investigating and released a statement saying, ‘Just after 10 a.m. PDT today, ground controllers at the Mojave Spaceport lost contact with SpaceShipTwo, an experimental space flight vehicle.
‘The incident occurred over the Mojave Desert shortly after the space flight vehicle separated from WhiteKnightTwo, the vehicle that carried it aloft.
‘Two crew members were on board SpaceShipTwo at the time of the incident. WhiteKnightTwo remained airborne after the incident.’
HOW VIRGIN GALACTIC WILL TAKE PASSENGERS TO SPACE
SpaceShipTwo has been under development at Mojave Air and Spaceport in the desert northeast of Los Angeles.
SpaceShipTwo is carried aloft by a specially designed mothership and then released before igniting its rocket for suborbital thrill ride into space and then a return to Earth as a glider.
Ticket cost: The starting price for flights is $250,000 (£150,000) – the first ceremonial flight will be undertaken by Richard Branson and his family.
Training: Passengers are required to go through a ‘Pre-Flight Experience Programme’, including three days of pre-flight preparing onsite at the spaceport to ensure passengers are physically and mentally fit to fly.
Once aboard: SpaceShipTwo will carry six passengers and two pilots. Each passenger gets the same seating position with two large windows – one to the side and one overhead.
A climb to 50,000ft before the rocket engine ignites. Passengers become ‘astronauts’ when they reach the Karman line, the boundary of Earth’s atmosphere, at which point SpaceShipTwo separates from its carrier aircraft, White Knight II. The spaceship will make a sub-orbital journey with approximately six minutes of weightlessness, with the entire flight lasting approximately 3.5 hours.The spaceship accelerates to approximately 3,000 mph – or nearly four times the speed of sound
The space ship is 60ft long with a 90inch diameter cabin allowing maximum room for the astronauts to float in zero gravity.
Flight path: A climb to 50,000ft before the rocket engine ignites. Passengers become ‘astronauts’ when they reach the Karman line, the boundary of Earth’s atmosphere, at which point SpaceShipTwo separates from its carrier aircraft, White Knight II.
The spaceship will make a sub-orbital journey with approximately six minutes of weightlessness, with the entire flight lasting approximately 3.5 hours.
The spaceship accelerates to approximately 3,000 mph – or nearly four times the speed of sound
Flight frequency: Initially one per week, eventually to have two flights per day.
Photographer Ken Brown, who was covering the test flight, told NBC News that he saw a midflight explosion and later came upon SpaceShipTwo debris scattered across a small area of the desert.
Two pilots fly in SpaceShipTwo’s cockpit during a test.
Those pilots are equipped with parachutes, and after the anomaly, at least one chute was reportedly sighted over the Mojave Air and Space Port in California, the base from which SpaceShipTwo and its WhiteKnightTwo carrier plane took off.
Bakersfield’s KGET-TV quoted the Mojave airport’s director, Stuart Witt, as saying that the craft crashed east of Mojave.
A tweet from Virgin Galactic said more information would be forthcoming.
Kern County Fire Department reports it is heading to a location in the Mojave Desert.
California Highway Patrol Officer Darlena Dotson says the agency is responding to a report of a crash in the Cantil area.
SpaceShipTwo made its last powered test flight on Jan. 10.
The Virgin logo is seen clearly in this image of the wreckage
Cars and emergency vehicles line up near the crash site
A closer look at the wreckage from the explosion
SpaceShipTwo’s pilots include, among other, Frederick ‘CJ’ Sturckow, Michael Masucci and Peter Siebold.
Sturckow, 53, is a former NASA pilot and was snapped up by Virgin Galactic in May 2013 after an illustrious career including 1,200 hours in space and lengthy military service.
He lives in Lakeside, California with his wife, earned his aviator wings in 1987 and was deployed overseas with the military to Japan, South Korea, the Philippines and Bahrain. He flew 41 combat missions during Operation Desert Storm and led 30 plane airstrikes into Iraq and Kuwait. During his service, he logged more than 6,500 fight hours in more than 60 different aircraft.
According to his NASA profile, he was selected by the space agency in December 1994 and subsequently worked in roles including the Lead for Kennedy Space Center and Chief of the Astronaut Office International Space Station Branch. He went on to log 1,200 hours in space, including during the first International Space Station assembly mission in 1998 and aboard three other missions to the International Space Station between 2001 and 2009.
In 2011, he was named as the backup commander for the penultimate mission of the Space Shuttle program, allowing Commander Mark Kelly to support his wife, Congresswoman Gabrielle Giffords, as she recovered from an attempted assassination in Tuscon.
CJ Sturckow gets splashed with water after guiding Virgin Galactic’s private SpaceShipTwo through an unpowered ‘glide flight’
Pilot Michael Masucci celebrates as well with a little water
Sturckow (in red hat), Pete Siebold (with arms crossed in sunglasses) and Masucci (far right)
Along with Sturckow, 51-year-old Michael Masucci – known as ‘Sooch’ – works out of Virgin Galactic’s Mojave, California location to conduct flight training and testing. He joined the team in 2013.
Masucci, a retired U.S. Air Force (USAF) Lieutenant Colonel has more than 30 years of civilian and military operational and test flying experience and has logged more than 9,000 flying hours in 70 different types of airplanes and gliders.
Before joining Virgin Galactic, he served as a U-2 combat pilot in several operations and instructed at the USAF Test Pilot School, while also serving as a Branch Chief. As a U-2 test pilot he was instrumental in the development and testing of the aircraft’s glass cockpit and power upgrade programs, according to AeroNews. The married dad also worked for XOJET Inc., a private company based in Brisbane, California where he captained a Citation X, a business jet aircraft.
FAA Inspector John Penney, pilot Todd ‘Leif’ Ericson and Masucci
SpaceShip2 coming in for a safe landing during a previous run
Branson christening the WhiteKnightTwo, which landed safely today
Siebold flew his first solo flight and gained his pilot’s license at 16 – the youngest age possible – and went on to teach flight classes at the San Luis Obispo Airport while he was a student at Cal Poly. He completed his degree in 2001.
The 43-year-old, who lives in Tehachapi, California with his wife, was one of the test pilots for SpaceShipOne, a experimental spaceplane that completed the first manned private spaceflight in 2004. As a design engineer at its aerospace company Scaled Composites, Siebold was responsible for the simulator, navigation system, and ground control system for the SpaceShipOne project.
In 2009, he was awarded the Iven C. Kincheloe award – the most prestigious award a test pilot can receive – for his role as chief test pilot on the Model 348 WhiteKnightTwo plane, used to lift the SpaceShipTwo spacecraft to release altitude.
By the time of his award, he had logged about 2,500 hours of flight time in 40 different types of fixed wing aircraft, MustangNews reported.
On October 7, Virgin Galactic tweeted: ‘Pilots Pete Siebold (Scaled) and CJ Sturckow (Virgin Galactic) have landed #SpaceShipTwo safely after another great test flight.’
Incredible footage of Virgin Galactic’s third flight (Archive)
SpaceShipTwo was flying under rocket power after being released from its mothership – then Virgin tweeted that it had ‘experienced an in-flight anomaly.’
In May, the company announced it was switching the fuel used in the vehicle’s hybrid rocket motor, hydroxyl-terminated polybutadiene, a form of rubber, to a polyamide-based plastic.
During a media tour of Virgin Galactic’s Mojave facilities on Oct. 4 that marked the tenth anniversary of the final flight of SpaceShipOne, the suborbital vehicle that won the $10-million Ansari X Prize, company officials said they expected to resume powered test flights ‘imminently’ once qualification tests of the new motor were done.
At the International Symposium for Personal and Commercial Spaceflight in Las Cruces, New Mexico, on Oct. 15, Virgin Galactic chief executive George Whitesides said the company had completed those qualification tests.
‘We expect to get back into powered test flight quite soon,’ he said.
A HISTORY OF DELAYS
July 2008 – Branson predicts that the maiden space voyage will take place within 18 months
October 2009 – Virgin Galactic says initial flights will take place from Spaceport America ‘within two years’
December 7, 2009 – SpaceShipTwo unveiled and Branson tells ticket holders that flights will being in 2011
April 2011 – Branson says that due to delays flights will not begin for another 18 months
April 29, 2013 – SpaceShipTwo has first test flight, but only achieves a speed of 920 mph, less than half the speed Branson predicted
May 14, 2013 – Branson says first flight will take place on December 25, 2013
September 2014 – Branson says first flight will happen in February or March of 2015
SpaceShipTwo has been under development at Mojave Air and Spaceport in the desert northeast of Los Angeles.
SpaceShipTwo is carried aloft by a specially designed jet and then released before igniting its rocket for suborbital thrill ride into space and then a return to Earth as a glider.
Seats on the flights into space are already being snapped for £250,000 ahead of the spring launch at Spaceport America in New Mexico.
Branson’s big project has also attracted a slew of big name passengers happy to pay for this once in a lifetime experience, including newlyweds Brad Pitt and Angelina Jolie; Justin Bieber and his manager Scooter Braun; Lady Gaga, who plans to try and sing in space; former pop star Lance Bass, who has long been vocal about his desire to head to space; and Ashton Kutcher, who was the 500th customer to purchase a ticket. Russell Brand also got a ticket for his birthday from ex-wife Katy Perry when the two were married. Perry bought a ticket as well so Brand would not have to go alone.
Stephen Hawking and Kate Winslet are also set to fly, but got their seats for free. Winslet because she is married to Branson’s nephew, Ned RocknRoll, and Hawking because Branson wanted to offer the legendary astrophysicist a chance to go into space.
The ship attached to its mothership
However, Sir Richard is facing a ‘backlash’ from some of the nearly 700 passengers who have already paid for a ticket on the craft.
Some stumped up the fee as long ago as 2005, but still have no idea when they will eventually reach space.
The 600-plus takers for the flights are already benefiting from their ticket purchase, which by extension enters them into an exclusive club that has seen them visit Necker Island and the Mojave Desert with Branson along with undertaking G-force training.
Richard Branson’s plane meant to carry tourists into space never tested a new engine using new fuel before it flew—and exploded—over California on Friday.
Virgin Galactic’s SpaceShipTwo crashed in the California desert Friday after testing a new rocket motor for the first time in flight. The company said an “in-flight anomaly” occurred. Law enforcement said one pilot was killed and the other was seriously injured.
“During the test, the vehicle suffered a serious anomaly resulting in the loss of the vehicle,” Virgin Galactic said in a statement it released to NBC News. “Our first concern is the status of the pilots, which is unknown at this time. We will work closely with relevant authorities to determine the cause of this accident and provide updates as soon as we are able to do so.”
SpaceShipTwo had been slung under the jet-powered carrier aircraft WhiteKnightTwo before taking off. WhiteKnightTwo carried SpaceShipTwo to 50,000 feet before releasing it for free flight.
The Federal Aviation Administration provided additional details on what happened next.
“Just after 10 a.m. PDT today, ground controllers at the Mojave Spaceport lost contact with SpaceShipTwo, an experimental space flight vehicle,” FAA spokeswoman Laura Brown told The Daily Beast in an email. “The incident occurred over the Mojave Desert shortly after the space flight vehicle separated from WhiteKnightTwo, the vehicle that carried it aloft. Two crew members were on board SpaceShipTwo at the time of the incident.”
The WhiteKnightTwo remained airborne after the incident and landed safely.
The National Transportation Safety Board also will investigate the crash, a spokesman told The Daily Beast.
SpaceShipTwo was testing a new plastic-based rocket fuel for the first time Friday. An eyewitness told The Daily Beast that the spacecraft exploded shortly after the rocket motor was ignited. The spaceship had not flown a powered flight in about nine months because engineers were switching out its original engine that used rubber-based rocket fuel for the new engine, which used plastic-based fuel.
Scaled Composites, which built the spacecraft, had experienced some problems with the new rocket, which until Friday had only been tested on the ground. While the new motor holds much promise of greatly increased performance, there were some serious risks associated with the new rocket—as Friday’s incident proved.
With the new rocket installed, SpaceShipTwo was expected to fly more than five times higher than it had ever flown before—right to the edge of space at 62 miles above the Earth. In some ways, SpaceShipTwo, which was to reach a maximum speed of about 2,500 miles per hour during its ascent into space, was pushing the limits of its virtually untested design.
It was not the first time Virgin pushed limits to get into space. A new biography about SpaceShipTwo’s patron, Richard Branson, by investigative journalist Tom Bower makes that clear. Rocket engineers Geoff Daly and Caroline Campbell were critical of one of the components of the original rubber-based fuel: nitrous oxide. Campbell warned: “Nitrous oxide can explode on its own.” Another toxic component of the fuel was hydroxyl-terminated polybutadiene, a form of rubber. Campbell said that when the engine ran there was “so much soot coming out the back, burning rubber, that it could be carcinogenic.”
In 2007, the unattached rocket engine using that fuel was being tested on the ground in the Mojave desert when it exploded and killed three of 40 engineers observing the test. Investigators found that safety regulations at the site had been violated and that the men killed had been too close to the rocket motor.
After tests this January, it was decided to the fuel powering the rocket engine should have its rubber removed. The reason was not toxicity but that the fuel did not provide consistent and stable power, and the test pilots had to shut down the engine prematurely. Before SpaceShipTwo could fly with the new fuel aboard it had to be extensively tested on the ground. As those tests were taking place, Branson told Bloomberg TV: “It took us a lot longer to build rockets that we felt completely comfortable with.”
SpaceShipTwo was expected to usher in a new era of commercial space travel: More than 700 people had already paid more than $250,000 each for a chance to leave the planet and experience the weightlessness of space flight. Branson himself had been planning to fly onboard the spacecraft by next year.
Friday’s incident, however, throws all of that into question.
Virgin Galactic’s Flight Path to Disaster: A Clash of High Risk and Hyperbole
Sir Richard Branson’s a consummate salesman, but his rhetoric and hopes got ahead of his company’s engineers.
It was always recklessly optimistic of Sir Richard Branson to imagine that he could go straight from experimental test flights of his Virgin Galactic SpaceShip Two to carrying passengers in a matter of months.
That’s not the way that things work when you’re pushing at the edge of the unknown, as this program was.
And yet there was Sir Richard, only a few weeks ago, suggesting that once the ship had fired up its rocket motor with a new kind of fuel he would be riding the first passenger-carrying flight early next year.
He’s never seemed either to understand or admit how many technical challenges had to be faced before space tourism could be an everyday event, as safe and simple as flying an airline.
Every milestone in aviation and aerospace has been reached only after exhaustive and often dangerous testing.
The closest parallel to the Galactic challenge is the example of Chuck Yaeger being the first man to successfully fly at supersonic speed in 1947.
It was called, rather dramatically, breaking the sound barrier. In fact, there was no barrier but there was much to be discovered about changes to the controllability of an airplane as it surged beyond the speed of sound.
Yaeger’s Bell X-1 rocket ship was a one-off experimental machine. It would be years before air force pilots could safely fly the supersonic fighters that evolved from these test flights into a very different form.
Yet Virgin Galactic posited the notion that an experimental test vehicle and the final form of a “spaceship for tourists” could be identical.
Both a rocket engine with a temperamental record and an airframe of revolutionary design and construction had to be proved safe. And not just safe for test pilots, but safe enough for the long line of celebrities who had signed up to ride the rocket.
All the Virgin Galactic test flying was done under a special experimental permit issued by the Federal Aviation Administration. To reach the point where SpaceShip Two could be cleared for carrying passengers Galactic needed to move from the experimental permit to being awarded an operator’s license.
That required a new 180-day review by the FAA to establish that all the systems were thoroughly tested and fail-safe. But remember, this was uncharted territory for the FAA just as it was for Galactic. Indeed, by submitting to the FAA review Galactic was being asked to set the standards for all who followed… if they could.
It was a very tall order. Branson wanted a vehicle that could carry six passengers, two pilots and reach a speed of 2,500mph and a height of around 65 miles, ten times the height at which an airliner cruises.
By any measure, this accident will have set back the development program by years. Will backers want to pour ever more money into this black hole?
When the FAA certifies a new airliner as safe it is normal for the airplane builder, like Boeing or Airbus, to put as many a six airplanes into the test program, all flying at the same time, to test every aspect of the design and its safety—and this for a technology that is in most parts wholly mature. Even then it can take several years to receive certification. The principle is clear: the design must have multiple redundancies so that no single failure can jeopardize the airplane.
But here Virgin was fielding only one test vehicle that embodied a whole set of completely untried systems. Everything was being staked on the two test pilots being able to anticipate potential failures and the ground engineers likewise poring over the test results to detect weak points before they had catastrophic results. Despite this, Virgin asked the FAA to begin their review for the operator’s license in August 2013, and that was when the 180-day clock started ticking.
However, as that period neared its end it was obvious that SpaceShip Two was nowhere near completing its test flights and passing every safety milestone that it needed to. So Virgin voluntarily asked the FAA to stop the clock.
The program was facing its most daunting test, firing up the rocket engine to full power and for long enough to reach that apogee of 65 miles high.
Early this year a test flight proved that the fuel being used for the rocket would never meet that goal. The power delivered by the rocket motor was uneven and tricky to control. On the first powered test flights the pilots had prematurely to shut down the engine.
Then a critical change was ordered—a fuel using a new formula that was thought to be more stable and deliver more power. This fuel was repeatedly tested on the ground. But no ground test can replicate the conditions of a flight—key factors like temperature, air pressure and far lower gravitational pull affect the way the fuel behaves.
On Friday morning the pilots prepared for the first flight with the new fuel. There was, I am told, a two-hour delay caused by concerns about the temperature of the fuel. Nonetheless, the test pilots, both known to be scrupulous in their preparations, felt confident enough to go. So SpaceShip Two was lifted aloft by the mother ship, WhiteKnight Two, and separated at 40,000 feet to “light the candle” as rocket ignition is called. Disaster followed.
There are many consequences to this failure. Not the least is what it implies for the financing of the project. After years of delays the costs have gone beyond a billion dollars. More than a third of that money has come from Abar, an investment fund based in Abu Dhabi. (This was made available in return for an undertaking by Virgin to build a space tourism base in the Gulf.) By any measure, this accident will have set back the development program by years. Will backers want to pour ever more money into this black hole?
Then there is the case of Spaceport America in New Mexico, near the small city of Truth & Consequences. This cost local taxpayers $212 million to build in the hope that they would become the center of the new industry of space tourism.
It’s not exactly clear how many people have signed up to ride SpaceShip One – Galactic has claimed that as many as 800 people have paid deposits on the $250,000 fare but the numbers are squishy. For these people the disaster over the Mojave Desert is a sobering wake-up call. What to many must have seemed the prospect of a spectacular joy ride is now better appreciated as a thrill from the very edge of what is safely attainable.
From the beginning in 2004 there has always been a credibility gap between the fairground hyperbole of Branson’s formidable publicity machine and the scientific reality of the enterprise. Somehow, probably because he is such a consummate showman, Branson has been able, year after year, to override the story of continual delays, flagrant over-promises and a voracious, seemingly open-ended budget. This time it’s different. A National Transportation Safety Board investigation will deliver a forensic rigor that has been so far lacking. It will strip away the vocabulary of the promoter. And it will reveal the world as lived daily by the engineers and test pilots who knew how much was left to be understood among the hazards of the dream.
SpaceShipTwo is carried to its launch altitude by a jet-poweredmothership, the Scaled Composites White Knight Two, before being released to fly on into the upper atmosphere, powered by a rocket motor. It then glides back to Earth and performs a conventional runway landing.[3] The spaceship was officially unveiled to the public on 7 December 2009 at the Mojave Air and Space Port in California.[4] On 29 April 2013, after nearly three years of unpowered testing, the spacecraft successfully performed its first powered test flight.[5]
Virgin Galactic plans to operate a fleet of five SpaceShipTwo spaceplanes in a private passenger-carrying service, starting in 2014,[6][7][8][9] and have been taking bookings for some time, with a suborbital flight carrying an initial ticket price of US$200,000.[10] The spaceplane could also be used to carry scientific payloads for NASA and other organizations.[11]
On 31 October 2014 during a test flight, VSS Enterprise, the first SpaceShipTwo craft, experienced an in-flight anomaly followed by a catastrophic explosion and crash in the Mojave desert.[12][13][14] One pilot was confirmed dead, another is being treated for serious injuries. [15]
The SpaceShipTwo project is based in part on technology developed for the first-generation SpaceShipOne, which was part of the Scaled Composites Tier One program, funded by Paul Allen. The Spaceship Company licenses this technology from Mojave Aerospace Ventures, a joint venture of Paul Allen and Burt Rutan, the designer of the predecessor technology.
SpaceShipTwo is a low-aspect-ratio passenger spaceplane. Its capacity will be eight people: six passengers and two pilots. The apogee of the new craft will be approximately 110 km (68 mi) in the lower thermosphere, 10 km (6.2 mi) higher than the Kármán line which was SpaceShipOne’s target (though the last flight of SpaceShipOne reached a one-time altitude of 112 km (70 mi)). SpaceShipTwo will reach 4,200 km/h (2,600 mph), using a single hybrid rocket motor – the RocketMotorTwo.[16] It launches from its mothership,White Knight Two, at an altitude of 15,000 metres (50,000 ft), and reaches supersonic speed within 8 seconds. After 70 seconds, the rocket motor cuts out and the spacecraft will coast to its peak altitude. SpaceShipTwo’s crew cabin is 3.7 m (12 ft) long and 2.3 m (7.5 ft) in diameter.[17] The wing span is 8.2 m (27 ft), the length is 18 m (60 ft) and the tail height is 4.6 m (15 ft) .[18]
SpaceShipTwo uses a feathered reentry system, feasible due to the low speed of reentry – by contrast, the Space Shuttle and other orbital spacecraft re-enter at orbital speeds, closer to 25,000 km/h (16,000 mph) , using heat shields. SpaceShipTwo is furthermore designed to re-enter the atmosphere at any angle.[19] It will decelerate through the atmosphere, switching to a gliding position at an altitude of 24 km (15 mi), and will take 25 minutes to glide back to the spaceport.
SpaceShipTwo and White Knight Two are, respectively, roughly twice the size of the first-generation SpaceShipOne and mothership White Knight, which won theAnsari X Prize in 2004. SpaceShipTwo has 43 and 33 cm (17 and 13 in) -diameter windows for the passengers’ viewing pleasure,[18] and all seats will recline back during landing to decrease the discomfort of G-forces.[20] Reportedly, the craft can land safely even if a catastrophic failure occurs during flight.[21] In 2008, Burt Rutan remarked on the safety of the vehicle:
This vehicle is designed to go into the atmosphere in the worst case straight in or upside down and it’ll correct. This is designed to be at least as safe as the early airliners in the 1920s…Don’t believe anyone that tells you that the safety will be the same as a modern airliner, which has been around for 70 years.[19]
In September 2011, the safety of SpaceShipTwo’s feathered reentry system was tested when the crew briefly lost control of the craft during a gliding test flight. Control was reestablished after the spaceplane entered its feathered configuration, and it landed safely after a 7-minute flight.[22]
Fleet and launch site
The launch customer of SpaceShipTwo is Virgin Galactic, who have ordered five vehicles.[23][24] The first two were named VSS (Virgin Space Ship) Enterprise[25]and VSS Voyager. As of August 2013, only VSS Enterprise has been flown;[26]VSS Voyager has yet to begin flight tests. The WhiteKnightTwo carrying SpaceShipTwo crafts will take off from the Mojave Air and Space Port in California during testing. Spaceport America – formerly Southwest Regional Spaceport, a US$212 million spaceport in New Mexico partly funded by the state government[27] – will become the permanent launch site when commercial launches begin.[17]
Development
On 28 September 2006, Virgin Group founder Sir Richard Branson unveiled a mock-up of the SpaceShipTwo passenger cabin at the NextFest exposition at theJavits Convention Center in New York.[28] The design of the vehicle was revealed to the press in January 2008, with the statement that the vehicle itself was around 60% complete.[17] On 7 December 2009, the official unveiling and rollout of SpaceShipTwo took place. The event involved the first SpaceShipTwo being christened by then-Governor of CaliforniaArnold Schwarzenegger as the VSS Enterprise.[29]
2007 test explosion
On 26 July 2007, an explosion occurred during an oxidizer flow test at the Mojave Air and Space Port, where early-stage tests were being conducted on SpaceShipTwo’s systems. The oxidizer test included filling the oxidizer tank with 4,500 kilograms (10,000 lb) of nitrous oxide, followed by a 15-second cold-flow injector test. Although the tests did not ignite the gas, three employees were killed and three injured, two critically and one seriously, by flying shrapnel.[30]
Rocket engine
The hybrid rocket engine design for SpaceShipTwo has been problematic and caused extensive delays to the flight test program. The original rocket motor design was based on hydroxyl-terminated polybutadiene (HTPB) fuel and nitrous oxide oxidizer – sometimes referred to as an N2O/HTPB engine[31][32] – from 2009–early 2014. In May 2014, the engine design was switched from a HTPB to a polyamide fuel formulation.
Between 2005 and 2009, Scaled Composites conducted numerous small-scale rocket tests to evaluate SpaceShipTwo’s engine design. After settling on the RocketMotorTwo hybrid rocket design, the company began performing full-scale hot-fire rocket tests in April 2009.[33] By December 2012, 15 full-scale tests had been successfully conducted,[33][34] and additional ground tests continued into March 2013.[35] In June 2012, the FAA issued a rocket testing permit to Scaled Composites, allowing it to begin SS2 test flights powered by RocketMotorTwo;[36] the first such powered flight took place on 29 April 2013.[37] The HTPB RocketMotorTwo design generated 60,000 lbf (270 kN) of thrust.[38]
2014 Change of fuel
In May 2014, Virgin Galactic announced a change to the fuel to be used in the SpaceShipTwo rocket engine. Rather than the rubber-based HTPB—HTPB engines had experienced serious engine stability issues on firings longer than approximately 20 seconds—the engine will now use a type of plastic called thermoplasticpolyamide as the solid fuel. The plastic fuel is projected to have better performance (by several unspecified measures) and will allow SpaceShipTwo to make flights to a higher altitude.[39][40][41]
As of May 2014, the new engine has already completed full-duration burns of over 60 seconds in ground tests on an engine test stand.[40]
SpaceShipTwo in a captive flight configuration underneath White Knight Two, during the runway dedication ofSpaceport America in October 2010.VMS Eve is shown carrying VSSEnterprise.
A view of the firing of SpaceShipTwo’s rocket motors during its first powered flight in April 2013.
As of October 2014, SpaceShipTwo has conducted 54 test flights.[42] The spacecraft has used its “feathered” wing configuration during ten of these test flights.[42][43][44]
In September 2012, Virgin Galactic announced that the unpowered subsonic glide flight test program was essentially complete.[45] In October 2012, Scaled Composites installed key components of the rocket motor, and SpaceShipTwo performed its first glide flight with the engine installed in December 2012.[46][47]
The spacecraft’s first powered test flight took place on 29 April 2013. Spaceshiptwo reached supersonic speeds in this first powered flight.[48][49] On 5 September 2013, the second powered flight was made by SpaceShipTwo.[50] The first powered test flight of 2014—and third overall—occurred 10 January 2014. The spacecraft reached an altitude of 22,000 metres (71,000 ft) (the highest to date) and a speed of Mach 1.4. The WhiteKnightTwo carrier aircraft released SpaceShipTwo (VSS Enterprise) at an altitude of 14,000 metres (46,000 ft) .[51]
Costs
SpaceShipTwo’s total development costs were estimated at around $400 million in May 2011, a significant increase over the 2007 estimate of $108 million.[52]
On October 31, 2014, SpaceShipTwo suffered an “anomaly” during a powered flight test,[53] resulting in a crash killing one pilot and injuring the other.[54] It was the first flight to use the new type of fuel.[55]
Commercial operation
The duration of the flights will be approximately 2.5 hours, though only a few minutes of that will be in space. The price will initially be $200,000.[56] More than 65,000 would-be space tourists applied for the first batch of 100 tickets. By December 2007, Virgin Galactic had 200 paid-up customers on its books for the early flights, and 95% were passing the 6-8 g centrifuge tests.[57] By the start of 2011, that number had increased to over 400 paid customers,[58] and to 575 by early 2013.[59] In April 2013, Virgin Galactic announced that the price for a seat would increase 25 percent to $250,000 before the middle of May 2013,[59] and would remain at $250,000 “until the first 1,000 people have traveled, so that it matches up with inflation since [Virgin Galactic] started.”[60]
Following 50–100 test flights, the first paying customers are expected to fly aboard the craft in 2014.[6] Refining the projected schedule in late 2009, Virgin Galactic declined to announce a firm timetable for commercial flights, but did reiterate that initial flights would take place from Spaceport America. Operational roll-out will be based on a “safety-driven schedule”.[61] In addition to making suborbital passenger launches, Virgin Galactic will market SpaceShipTwo for suborbital space sciencemissions.[61]
NASA sRLV program
By March 2011, Virgin Galactic had submitted SpaceShipTwo as a reusable launch vehicle for carrying research payloads in response to NASA‘s suborbital reusable launch vehicle (sRLV) solicitation, which is a part of the agency’s Flight Opportunities Program. Virgin projects research flights with a peak altitude of 110 km (68 mi) and a duration of approximately 90 minutes. These flights will provide approximately four minutes of microgravity for research payloads. Payload mass and microgravity levels have not yet been specified.[3] The NASA research flights could begin during the test flight certification program for SpaceShipTwo.
Future spacecraft
In August 2005, the president of Virgin Galactic stated that if the suborbital service with SpaceShipTwo is successful, the follow-up SpaceShipThree will be an orbital craft. In 2008, Virgin Galactic changed their plans and decided to make it a high-speed passenger vehicle, offering transport through point-to-point suborbital spaceflight.[62]
Production
While the first WhiteKnightTwo and the first SpaceShipTwo were built by Scaled Composites, The Spaceship Company has responsibility for the manufacture of the second WK2 aircraft and the second SS2 spacecraft for Virgin Galactic, as well as additional production craft as other customers for the vehicles emerge.[63] In October 2010, TSC announced plans to build three WhiteKnightTwo aircraft and five SpaceShipTwo spaceplanes.[64]
“VG Powered Flight Updated Drop BRoll”. Virgin Galactic via YouTube. 29 April 2013. Shows all 16 seconds of the first-flight rocket firing from three views, and most of the sequence from a fourth view.
.jpg)
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Pronk Palisades 
When Will Obama and Kerry Walk Like Men Out Of Negotiations With The World Leading Terrorist Nation The Islamic Republic of Iran? Never! — Yakety Yak– Where Is The Written Signed Agreement/Treaty Stopping Iran From Having Nuclear Weapons President Obama? — Time To Release Some Massive Ordnance Penetrators (MOPs) — Bunker Busters on Iran’s Nuclear Bomb Factories — Bombs Away — Videos
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Story 1: When Will Obama and Kerry Walk Like Men Out Of Negotiations With The World Leading Terrorist Nation The Islamic Republic of Iran? Never! — Yakety Yak– Where Is The Written Signed Agreement/Treaty Stopping Iran From Having Nuclear Weapons President Obama? — Time To Release Some Massive Ordnance Penetrators (MOPs) — Bunker Busters on Iran’s Nuclear Bomb Factories — Bombs Away — Videos
Divine – Walk Like A Man (1985) HQ
Walk Like a Man – The Four Seasons
“Walk Like A Man”
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
Walk like a manOh how you tried
To cut me down to size
by telling dirty lies to my friends
But my own father
Said give her up, don’t bother
The world isn’t coming to an endHe said walk like a man
Talk like a man
Walk like a man my son
No woman’s worth
Crawling on the earth
So walk like a man my sonoo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-ooFine eyed baby
I don’t mean maybe
We’re gonna get along somehow
Soon you’ll be crying
On ‘count of all you’re lying
Oh yeah, just look who’s laughing nowI’m gonna walk like a man
Fast as I can
Walk like a man from you
I’ll tell the world
Forget about it girl
And walk like a man from youoo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
(Wop wop wop wop)
oo woo-oo-oo oo woo-oo-oo
Walk Like a Man Frankie Valli & The Four Seasons Lyrics
July 2015 Breaking News USA ready to attack Iranian nuclear facilities with awe-inspiring plan B
30,000 Pound Bunker Buster Bomb designed to detour Iran Nuclear Threat
As negotiations with Iran continue towards a nuclear arms agreement, the United States still holds a trump card. The 30,000 Pound Boeing GBU-57 Bunker Buster bomb, the largest non-nuclear weapon in U.S. inventory, designed to destroy nuclear weapons bunkers in Iran and North Korea. The bunker buster, known as the Massive Ordnance Penetrator (MOP), is 30,000 pounds (13,608 kg.) and has been improved with “adjusted fuses to maximize its burrowing power, upgraded guidance systems to improve its precision and hi-tech equipment intended to allow it to evade Iranian air defenses in order to reach and destroy the Fordow nuclear enrichment complex.”
“Hopefully we never have to use it, but if we had to, it would work.”
The existence of a bomb that has the capability of destroying the underground facility from the air could also give the West extra bargaining power in nuclear negotiations with the Iran.
US officials believe the improved MOP will serve to convince Israel to hold off on unilaterally attacking Iran and give Washington more time to diplomatically neutralize the Iranian nuclear threat.
US military chiefs openly admitted the weapon was built to attack the fortified nuclear facilities of “rogue states” such as Iran and North Korea. Although the Pentagon insists that it is not aimed at a specific threat, unnamed officials within the ministry have repeatedly claimed the bomb is being tailor-made to disable Iranian nuclear facilities at Fordo.
Vienna talks on Iran nuclear deal will continue over weekend
U.S.’s Kerry says not in rush to get Iran nuclear deal
Iran Nuclear Deal Deadlocked Over Arms
Weapons of War: Pentagon Upgrades Biggest ‘Bunker Buster’ Bomb
Bunkers & Bunker Busting Bombs
MOP Massive Ordnance Penetrator GBU-57A-B Penetrator bunker buster bomb Iran United States
World War 3 Pentagon unveils 30,000 pound M O P Bunker Buster Bomb against Iran May 03, 2013
Boeing Delivers Massive Ordnance Penetrator (MOP) 37,000 LB Bombs To The USAF – GBU-57
Israel Air Force Refuels Mid-air
Only on AP: US Tankers Refuel for IS Fight
WATCH OUT IRAN Israeli Air Force unveils Refueling aircraft for possible Airstrike
Israel To Buy 25 More F-35 Lockheed Stealth Fighters: Sources
December 2014 Breaking News USA F35 Israel to buy second squadron of stealth F35 jets
News Wrap: As deadline looms, Kerry says Iran nuclear talks not ‘open-ended’
Frankie Valli & The Four Seasons In Concert Live
Frankie Valli And 4 Seasons Live on Ice 2008
The Coasters – Yakety Yak – ORIGINAL MONO VERSION
Yakety Yak – The Coasters with lyrics
Where Have all the Flowers Gone: Eve of Destruction
Iran Made Illegal Purchases of Nuclear Weapons Technology Last Month
1:48 AM, JUL 10, 2015 • BY BENJAMIN WEINTHAL AND EMANUELE OTTOLENGHI
The question is not whether Iran can be trusted to uphold the nuclear deal now being negotiated in Vienna (it can’t), but whether the Obama administration and its P5+1 partners can be trusted to punish Iran when it violates the agreement?
Experience shows that unless Iran violates the deal egregiously, the temptation will be to ignore it. For instance, Iran got away with selling more oil than it should have under the interim agreement. More ominously, Tehran repeatedly pushed the envelope on technical aspects of the agreement—such as caps on its uranium stockpile—and got away with it. The Obama administration and other Western powers have so much invested in their diplomatic efforts that they’ll deny such violations ever occurred.
More evidence of Iranian violations has now surfaced. Two reports regarding Iran’s attempts to illicitly and clandestinely procure technology for its nuclear and ballistic missile programs have recently been published. They show that Iran’s procurement continues apace, if not faster than before the Joint Plan of Action was signed in November 2013. But fear of potentially embarrassing negotiators and derailing negotiations has made some states reluctant to report Tehran’s illegal efforts. If these countries have hesitated to expose Iran during the negotiations, it is more likely they will refrain from reporting after a deal is struck.
The first report was released last month by the U.N. panel of experts in charge of reporting compliance with U.N. Security Council resolutions regarding Iran. The panel noted that U.N. member states had not reported significant violations of U.N. sanctions and speculated as to why: either Iran was complying, or countries did not wish to interfere with negotiations.
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The second report, released last week by Germany’s domestic intelligence agency, is less ambiguous. The agency, the Federal Office for the Protection of the Constitution, confirmed to us that Iran continues to seek illicit technology for its nuclear and ballistic missiles programs.
Iran has had a long history of trying to obtain nuclear technology from German companies, particularly by seeking ways to transport merchandise in circumvention of international sanctions. Since November 2013, Tehran has sought industry computers, high-speed cameras, cable fiber, and pumps for its nuclear and missile program. It appears that Iran’s readiness to negotiate does not reflect any substantive policy change. Rather, it is a diplomatic tactic retreat forced by economic distress, not a strategic rethinking of its priorities.
Iran’s cheating should give Western negotiators additional resolve to impose ironclad guarantees in the agreement. They should compel Iran to reveal its past activities, including its post-JPOA procurement efforts, and impose tough, intrusive, “anytime, anywhere” inspections before sanctions are suspended, let alone lifted.
Instead, the lack of reporting to the U.N. despite evidence of cheating suggests a lack of resolve on the part of Western nations, and their willingness to downplay all but the most egregious violations. This does not bode well for the future. If Western powers are reluctant to penalize Iran for trying to evade sanctions because they’re afraid of spoiling the negotiations, what will happen in the future when Western powers have even more invested in preserving an agreement?
Emanuele Ottolenghi is a senior fellow at the Foundation for Defense of Democracies, where Benjamin Weinthal is a research fellow.
http://www.weeklystandard.com/blogs/iran-made-illegal-purchases-nuclear-weapons-technology-last-month_988067.html
Massive Ordnance Penetrator
The GBU-57A/BMassive Ordnance Penetrator (MOP) is a U.S. Air Force, precision-guided, 30,000-pound (13,608 kg) “bunker buster” bomb.[2] This is substantially larger than the deepest penetrating bunker busters previously available, the 5,000-pound (2,268 kg) GBU-28 and GBU-37.
Development
In 2002, Northrop Grumman and Lockheed Martin were working on the development of a 30,000-lb (13,600 kg) earth-penetrating weapon, said to be known as “Big BLU“. But funding and technical difficulties resulted in the development work being abandoned. Following the 2003 invasion of Iraq, analysis of sites that had been attacked with bunker-buster bombs revealed poor penetration and inadequate levels of destruction.[citation needed]This renewed interest in the development of a super-large bunker-buster, and the MOP project was initiated by the Defense Threat Reduction Agency to fulfill a long-standing Air Force requirement.[3]
The U.S. Air Force has not officially recognized specific military requirement for an ultra-large bomb, but it does have a concept for a collection of massively sized penetrator and blast weapons, the so-called “Big BLU” collection, which includes the MOAB (Massive Ordnance Air Burst) bomb. Development of the MOP was performed at the Air Force Research Laboratory, Munitions Directorate, Eglin Air Force Base, Florida with design and testing work performed by Boeing. It is intended that the bomb will be deployed on the B-2 bomber, and will be guided by the use of GPS.[4][5]
Northrop Grumman announced a $2.5-million stealth-bomber refit contract on 19 July 2007. Each of the U.S. Air Force’s B-2s is to be able to carry two 14-ton MOPs.[6][7]
The initial explosive test of MOP took place on 14 March 2007 in a tunnel belonging to the Defense Threat Reduction Agency (DTRA) at the White Sands Missile Range, New Mexico.
On 6 October 2009, ABC News reported that the Pentagon had requested and obtained permission from the U.S. Congress to shift funding in order to accelerate the project.[8][9] It was later announced by the U.S. military that “funding delays and enhancements to the planned test schedule” meant the bomb would not be deployable until December 2010, six months later than the original availability date.[10]
The project has had at least one successful Flight Test MOP launch.[11] The final testing will be completed in 2012.[3]
The Air Force took delivery of 20 bombs, designed to be delivered by the B-2 bomber, in September 2011. In February 2012, Congress approved $81.6 million to further develop and improve the weapon.[12]
Recent development
On 7 April 2011, the USAF ordered eight MOPs plus supporting equipment for $28 million.[13]
On 14 November 2011, Bloomberg reported that the Air Force Global Strike Command started receiving the Massive Ordnance Penetrator and that the deliveries “will meet requirements for the current operational need”.[14] The Air Force now has received delivery of 16 MOPs as of November 2011.[15] And as of March 2012, there is an “operational stockpile” at Whiteman Air Force Base.[16]
In 2012, the Pentagon requested $82 million to develop greater penetration power for the existing weapon.[1] A 2013 report stated that the development had been a success,[17] and B-2 integration testing began that year.[18]
MOP being offloaded in preparation for its first explosive test, 2007.
MOP underground atWhite Sands Missile Range before its first explosive test, 2007.
Mock up of MOP inside a bomb bay of a B-2 simulator, 2007.[6]
B-52 releases a MOP during a weapons test, 2009.
Next-generation Penetrator Munition
On 25 June 2010, USAF Lt. Gen. Phillip Breedlove said that the Next-generation Penetrator Munition should be about a third the size of the Massive Ordnance Penetrator so it could be carried by affordable aircraft.[19] In December 2010, the USAF had a Broad Agency Announcement (BAA) for the Next Generation Penetrator (NGP).[20]
Global Strike Command has indicated that one of the objectives for the Next-Generation Bomber is for it to carry a weapon with the effects of the Massive Ordnance Penetrator. This would either be with the same weapon or a smaller weapon that uses rocket power to reach sufficient speed to match the penetrating power of the larger weapon.[21]
One of the current limitations of the MOP is that it lacks a void-sensing fuze and will therefore detonate after it has come to a stop, even if it passed by the target area.[22]
Specifications
See also
https://en.wikipedia.org/wiki/Massive_Ordnance_Penetrator
MIDDLE EAST
Timeline on Iran’s Nuclear Program
By SHREEYA SINHA and SUSAN CAMPBELL BEACHY UPDATED April 2, 2015
Whether Iran is racing toward nuclear weapon capabilities is one of the most contentious issues challenging the West, including the United States and Israel, which has been involved in a shadow war with the country.
Iran Agrees to Nuclear Limits, But Key Issues Are Unresolved
Iran and European nations say they have reached an understanding about next steps, but key issues need to be resolved before a final agreement by June 30.
According to European officials, roughly 5,000 centrifuges will remain spinning enriched uranium at Natanz, about half the number currently running. The underground enrichment site at Fordo — which Israeli and some American officials fear is impervious to bombing — will be partly converted to advanced nuclear research and the production of medical isotopes.
A major reactor at Arak, which officials fear could produce plutonium, will operate on a limited basis that will not provide enough fuel for a bomb.
In return the European Union and the United States will begin to lift sanctions, as Iran complies.
Kerry Announces Extension to Iran Talks Video by Reuters/ Photo by Roland Schlager/European Pressphoto Agency
U.S. and Allies Extend Iran Nuclear Talks by 7 Months
A yearlong effort to reach an enduring accord with Iran to dismantle large parts of its nuclear infrastructure fell short, forcing the United States and its allies to declare a seven-month extension, but with no clear indication of how they plan to bridge fundamental differences.
Negotiators Scrambling as Deadline Looms in Nuclear Talks
As six world powers and Iran race to meet a Monday deadline for an agreement that would constrain Iran’s nuclear program, the United States stakes out an ambitious goal for what an accord should accomplish.
American officials say the agreement should slow the Iranian nuclear program enough that it would take Iran at least a year to make enough material for a nuclear bomb if it decided to ignore the accord.
It has become increasingly unlikely that any accord announced on Monday would be a complete one. And whatever deal is reached, it may not matter if Iranian hard-liners have their way. In Iran, the final decision on a nuclear deal lies with Ayatollah Ali Khamenei, the supreme leader.
Role for Russia Gives Iran Talks a Possible Boost
Iran tentatively agrees to ship much of its huge stockpile of uranium to Russia for conversion into specialized fuel rods for the Bushehr nuclear power plant, Iran’s only commercial reactor. The agreement is potentially a major breakthrough in talks that have until now been deadlocked.
A key question remains about the negotiations that American officials have been loath to discuss in public: In a final deal, would Iran be required to publicly admit its past activities, or merely provide a mechanism for monitoring its actions in the future?
Iran Altering Arak Reactor in Bid for Nuclear Deal
Atomic power engineers in Iran start redesigning a partly constructed reactor in Arak to limit the amount of plutonium it produces, Ali Akbar Salehi, the director of the Atomic Energy Organization of Iran, says, expressing hope that the change will help alleviate Western objections that the plutonium can be used in weapons.
Iran Nuclear Talks Extended, Diplomats Say
Iran, the United States and the five other countries agree to a four-month extension of the negotiations, giving them more time to try to bridge a major difference over whether the country will be forced to dismantle parts of its nuclear infrastructure, according to senior Western diplomats involved in the talks.
Iran Outlines Nuclear Deal; Accepts Limit
As the deadline for the talks approaches on Sunday, Iran’s foreign minister, Mohammad Javad Zarif, says the country could accept a freeze on its capacity to produce nuclear fuel at current levels for several years, provided it could eventually produce fuel unhindered.
The proposal will effectively extend a limited series of concessions Iran made last November as part of a temporary deal to get negotiations started on a permanent accord. In return, Iran wants step-by-step relief from sanctions that have substantially weakened its economy.
Iran Is Providing Information on Its Detonators, Report Says
The I.A.E.A. releases a report stating that Iran is beginning to turn over information related to its nuclear detonators. The agency says that Iran has provided “additional information and explanations,” including documents, to substantiate its claim that it had tested the detonators for “a civilian application.”
Negotiators Put Final Touches on Iran Accord
Iran and a group of six world powers complete a deal that will temporarily freeze much of Tehran’s nuclear program starting Jan. 20, in exchange for limited relief from Western economic sanctions.
The agreement faced opposition from Iranian hard-liners and Israeli leaders, as well as heavy criticism from some American lawmakers, who have threatened to approve further sanctions despite President Obama’s promise of a veto.
The negotiators in Geneva early Sunday morning. President Obama hailed the agreement. Denis Balibouse/Reuters
Deal With Iran Halts Nuclear Program
The United States and five other world powers announce a landmark accord that would temporarily freeze Iran’s nuclear program and lay the foundation for a more sweeping agreement.
The aim of the accord, which is to last six months, is to give international negotiators time to pursue a more comprehensive accord that would ratchet back much of Iran’s nuclear program and ensure that it could only be used for peaceful purposes.
Obama Calls for Patience in Iran Talks
I.A.E.A. inspectors release a report stating that for the first time in years, they saw evidence that the Iranians have put the brakes on their nuclear expansion.
President Obama makes an appeal to Congress to give breathing space to his efforts to forge a nuclear deal with Iran.
Iran is in a much different position now to negotiate on its nuclear program than it was four years ago when President Obama first broached the subject.
Iran Says It Agrees to ‘Road Map’ With U.N. on Nuclear Inspections
The I.A.E.A. says that Iran has agreed to resolve all outstanding issues with the agency, and will permit “managed access” by international inspectors to two key nuclear facilities. But the promise does not extend to the Parchin military site, which inspectors have been trying to see for months.
Marathon talks between major powers and Iran fail to ease sanctions on the country and produce a deal to freeze its nuclear program.
Iran Talks Called Substantive
Iran and a group of six world powers say that they have engaged in “substantive” and “forward-looking” discussions on the disputed Iranian nuclear program and that they will reconvene on November 7.
The account of the two days of talks in Geneva came in a rare joint statement from Iran’s foreign minister, Mohammad Javad Zarif, and Catherine Ashton, the foreign policy chief for the European Union, who is the lead negotiator with Iran.
First Direct US-Iran Talk Since 1979
President Obama says he has spoken by phone with President Hassan Rouhani, the first direct contact between the leaders of Iran and the United States since 1979. Mr. Obama, speaking in the White House briefing room, said the two leaders discussed Iran’s nuclear program and said he was persuaded there was a basis for an agreement.
Moments before Mr. Obama’s announcement, Mr. Rouhani’s Twitter account posted this now-deleted message: “In a phone conversation b/w #Iranian & #US Presidents just now: @HassanRouhani: “Have a Nice Day!” @BarackObama: “Thank you. Khodahafez.”
Rouhani, Blunt and Charming, Pitches a Moderate Iran in First U.N. Appearance
Iran’s new president, Hassan Rouhani, turns himself into a high-speed salesman offering a flurry of speeches, tweets, televised interviews and carefully curated private meetings, intended to end Iran’s economic isolation.
At the United Nations General Assembly, he preaches tolerance and understanding, decries as a form of violence the Western sanctions imposed on his country and says nuclear weapons have no place in its future. He takes aim at Israel’s nuclear arsenal in a public – while the country’s leaders caution over what they deem as an empty charm offensive.
Iran Said to Seek a Nuclear Accord to End Sanctions
Seizing on a perceived flexibility in a letter from President Obama to President Hassan Rouhani, Iran’s leaders are focused on getting quick relief from crippling sanctions, a top adviser to the Iranian leadership says.
The adviser says that Mr. Obama’s letter, delivered about three weeks ago, promised relief from sanctions if Tehran demonstrated a willingness to “cooperate with the international community, keep your commitments and remove ambiguities.”
Iran Slows Its Gathering of Enriched Uranium, Report Says
I.A.E.A. inspectors say that Iran is slowing its accumulation of enriched uranium that can be quickly turned into fuel for an atomic bomb. The report’s disclosure is significant politically because it delays the day when Iran could breach what Prime Minister Benjamin Netanyahu of Israel last fall called a “red line” beyond which Iran would not be allowed to pass — the point at which it has enough purified uranium to quickly make a single nuclear weapon.
Hassan Rouhani, a moderate, has been elected the next president of Iran.
Iran Elects New President
Voters overwhelmingly elect Hassan Rouhani, 64, a mild-mannered cleric who advocates greater personal freedoms and a more conciliatory approach to the world.
The diplomat sheik played a key role in Iran’s voluntary suspension of uranium enrichment in 2004, which Western powers responded to by asking for more concessions from Iran.
Mr. Rouhani replaces his predecessors’ foreign minister with Mohammad Javad Zarif, an American-educated diplomat known for his understanding of the West, and makes him responsible for negotiations over Iran’s nuclear program. Mr. Rouhani also removes a hard-line nuclear scientists as head of Iran’s Atomic Energy Organization, and replaces him with the former foreign minister, Ali Akbar Salehi. In September, Iran’s longtime ambassador to the International Atomic Energy Agency will be replaced as well.
U.S. Adds to Its List of Sanctions Against Iran
The Obama administration escalates sanctions against Iran for the fourth time in a week, blacklisting what it describes as a global network of front companies controlled by Iran’s top leaders, accusing them of hiding assets and generating billions of dollars worth of revenue to help Tehran evade sanctions.
The White House also accuses Ayatollah Ali Khamenei of personally directing an effort to bypass them.
The United States also blacklists Iranian petrochemical companies, its automotive industry and more than 50 Iranian officials, and threatens to sanction foreign banks that trade or hold Iran’s national currency, the rial.
Iran Is Seen Advancing Nuclear Bid
The I.A.E.A. says Iran has made significant progress across the board in its nuclear program, while negotiations with the West dragged on this spring. But it said that it has not gone past the “red line” that Israel’s leaders have declared could trigger military action.
In its last report before the Iranian elections next month, the agency also gives details that point to an emerging production strategy by the Iranians. One strategy involves speeding ahead with another potential route to a bomb: producing plutonium. The report indicates that Iran is making significant progress at its Arak complex, where it has built a heavy-water facility and is expected to have a reactor running by the end of next year.
U.S. Imposes Sanctions on Those Aiding Iran
The United States expands its roster of those violating Iran sanctions, blacklisting four Iranian companies and one individual suspected of helping the country enrich nuclear fuel. It also singles out two other companies, including a Venezuelan-Iranian bank, accused of helping Iran evade other Western-imposed prohibitions on oil sales and financial dealings.
The penalties came a day after the Senate introduced legislation that could effectively deny the Iran government access to an estimated $100 billion worth of its own money parked in overseas banks, a step that proponents said could significantly damage Iran’s financial stability.
Fearing Price Increases, Iranians Hoard Goods
Iranians rush to supermarkets to buy cooking oil, red meat and other staples, stockpiling the goods over new fears of price spikes from a change in the official exchange rate that could severely reduce the already weakened purchasing power of the rial, the national currency.
Prices of staples are set to increase by as much as 60 percent because of the currency change.
Economists say the result is from a combination of severe Western sanctions and what many call the government’s economic mismanagement.
U.S. Arms Deal With Israel and 2 Arab Nations Is Near
The Defense Department is expecting to finalize a $10 billion arms deal with Israel, Saudi Arabia and the United Arab Emirates next week that will provide missiles, warplanes and troop transports to help them counter any future threat from Iran.
Israeli Officials Stress Readiness for Lone Strike on Iran
In an interview with the BBC, Prime Minister Benjamin Netanyahu spoke of dealing with the Iranian nuclear threat, saying Israel has “different vulnerabilities and different capabilities” than the United States. “We have to make our own calculations, when we lose the capacity to defend ourselves by ourselves.”
Israeli defense and military officials have been issuing explicit warnings this week that Israel was prepared and had the capability to carry out a lone military strike against Iran’s nuclear facilities.
US Blacklists an Iranian and Businesses Over Violation of Sanctions
The United States blacklists an affluent Iranian business executive, Babak Morteza Zanjani, and what it describes as his multibillion-dollar money laundering network, accusing them of selling oil for Iran in violation of the Western economic sanctions imposed over Iran’s disputed nuclear program.
On March 14, The Treasury Department, which administers the government’s Iran sanctions, blacklisted a Greek shipping tycoon, Dimitris Cambis, over what it called his scheme to acquire a fleet of oil tankers on Iran’s behalf and disguise their ownership to ship Iranian oil.
After Talks End, Iran Announces an Expansion of Nuclear Fuel Production
Iran’s president announces an expansion of the country’s uranium production and claims other atomic energy advances, striking a pugnacious tone in the aftermath of diplomatic talks thatended in an impasse with the big powers on April 6 in Kazakhstan.
A look, provided by the United States Navy, at how its laser attack weapon works. The video is silent.
Navy Deploying Laser Weapon Prototype Near Iran
The U.S. announces that the Navy will deploy a laser weapon prototype in the Persian Gulf, where Iranian fast-attack boats have harassed American warships and where the government in Tehran is building remotely piloted aircraft carrying surveillance pods and, someday potentially, rockets.
The laser will not be operational until next year. It has been shown in tests to disable patrol boats and blind or destroy surveillance drones.
President Obama traveled to Israel on March 20, in a symbolic two-day visit to the country, the first of his presidency.
Iran Nuclear Weapon to Take Year or More, Obama Says
President Obama tells an Israeli television station that his administration believes it would take Iran “over a year or so” to develop a nuclear weapon.
Mr. Obama’s estimated timeline contrasts with Mr. Netanyahu’s stated belief that Israel and its Western allies are likely to have to intervene by the spring or summer, when, he says, Iran’s scientists will have enriched enough uranium to become a nuclear threat.
Defiant Mood at Talks
Iran meets with the United States, Russia, China, Britain, France and Germany in Kazakhstan, but talks end with no specific agreement over a proposal that would sharply constrain Iran’s stockpile of the most dangerous enriched uranium, in return for a modest lifting of some sanctions.
The six powers also agreed that Iran could keep a small amount of 20 percent enriched uranium — which can be converted to bomb grade with modest additional processing — for use in a reactor to produce medical isotopes.
Iranian oil sales have been reduced by half as a result of the international pressure on the country, and restrictions on financial transactions and transportation have created many difficulties for its leaders.
New Deposits of Uranium
The state news agency IRNA quotes a report by the Atomic Energy Organization of Iran, saying that it had found significant new deposits of raw uranium and identified sites for 16 more nuclear power stations.
Iran’s raw uranium reserves now total around 4,400 tons, including discoveries over the past 18 months, IRNA quoted the report as saying.
A few weeks earlier, Ayatollah Khamenei said that his country was not seeking nuclear weapons but added that if Iran ever decided to build them, no “global power” could stop it.
U.S. Bolsters Sanctions
A new round of American sanctions take effect which state that any country that buys Iranian oil must put the purchase money into a local bank account. Iran cannot repatriate the money and can use it only to buy goods within that country. Violators risk severe penalties in doing business with the United States. Oil exports from Iran have already dropped by a million barrels a day.
A week earlier, Iran announces that it would deploy a new generation of centrifuges, four to six times as powerful as the current generation.
Iran’s Currency Tumbles
After months of harsh, American-led sanctions, Iran’s currency, the rial, plunges 40 percent. The currency lost about half its value in 2012.
Most of that decline comes in a frenzy of speculative selling by Iranians worried that rapid inflation could render their money worthless. The government responds with a crackdown in which some money traders are arrested.
The depressed value of the rial forces Iranians to carry ever-fatter wads of bank notes to buy everyday items. But the sanctions also present a new complication to Iran’s banking authorities: they may not be able to print enough money.
Meanwhile, the European Union toughens sanctions against Iran, banning trade in industries like finance, metals and natural gas, and making other business transactions far more cumbersome.
Israel’s ‘Red Line’
Prime Minister Benjamin Netanyahu of Israel tells the United Nations that Iran’s capability to enrich uranium must be stopped before the spring or early summer, arguing that by that time Iran will be in a position to make a short, perhaps undetectable, sprint to manufacture its first nuclear weapon.
New Work at Nuclear Site
The United Nations atomic agency reports that Iran has installed three-quarters of the nuclear centrifuges needed to complete a deep-underground site under a mountain near Qum for the production of nuclear fuel.
The I.A.E.A. also says that Iran may have sought to cleanse another site where the agency has said it suspects that the country has conducted explosive experiments that could be relevant to the production of a nuclear weapon.
Meanwhile, the United States imposes more punishing sanctions against Iran, aimed at its oil and petrochemical sectors, as well as its shipping trade, intensifying existing sanctions intended to choke off the revenue that Iran reaps from its two largest export industries.
Embargo on Iranian Oil
A European Union embargo on Iranian oil takes effect, playing a large role in severely restricting Iran’s ability to sell its most important export.
In retaliation, Iran announces legislation intended to disrupt traffic in the Strait of Hormuz, a vital Persian Gulf shipping lane, and tests missiles in a desert drill clearly intended as a warning to Israel and the United States.
In January 2013, Iran’s oil minister, Rostam Qasemi, acknowledged for the first time that petroleum exports and sales had fallen by at least 40 percent in the previous year, costing the country $4 billion to $8 billion each month.
Talks With West Falter
After a brief spurt of optimism, talks between Iran and six world powers on its disputed nuclear program fail to produce a breakthrough in Baghdad. The United States, Russia, China, Britain, France and Germany wanted a freeze on Iranian production of uranium enriched to 20 percent purity, which is considered a short step from bomb grade. The Iranians wanted an easing of the onerous economic sanctions imposed by the West and a recognition of what they call their right to enrich. The countries agree to meet again in June, but talks were further slowed after a new regimen of harsh economic sanctions and a statement from the International Atomic Energy Agency that said Iran had made ”no progress” toward providing access to restricted sites it suspects of being used to test potential triggers for nuclear warheads.
New Centrifuges at Natanz
Iran says it is building about3,000 advanced uranium-enrichment centrifuges at the Natanz plant.
Meanwhile, I.A.E.A. inspectors are still trying to gain access to the Parchin site, 20 miles south of Tehran, to ascertain whether tests have been carried out there on nuclear bomb triggers.
But satellites images show that the site has been extensively cleaned by the Iranians.
Iran’s semiofficial Fars News Agency supplied this photo of what it said was Mostafa Ahmadi Roshan’s car after the bombing.Meghdad Madadi/Fars News Agency, via Associated Press
Bomb Kills Nuclear Scientist
A bomber on a motorcycle kills Mostafa Ahmadi Rosha, a scientist from the Natanz site, and his bodyguard. Iran blames Israel and the United States. The Americans deny the accusation, but Israel is more circumspect.
A Blow to U.S., as Drone Crashes
A stealth C.I.A. drone, the RQ-170 Sentinel, crashes near the Iranian town of Kashmar, 140 miles from the Afghan border. It is part of a stepped-up surveillance program that has frequently sent the United States’ most hard-to-detect drone into Iran to map suspected nuclear sites.
Iran asserts that its military downed the aircraft, but American officials say the drone was lost because of a malfunction.
Natanz Plant Recovers
After a dip in enriched uranium production in 2010 because of the cyberattacks, Iranian production recovers. While the United States and Israel never acknowledged responsibility for the cyberprogram, Olympic Games, some experts argue that it set the Iranians back a year or two. Others say that estimate overstates the effect.
With the program still running, intelligence agencies in the United States and Israel seek out new targets that could further slow Iran’s progress.
West Expands Sanctions, and U.N. Offers Evidence on Nuclear Work
Major Western powers take significant steps to cut Iran off from the international financial system, announcing coordinated sanctions aimed at its central bank and commercial banks. The United States also imposes sanctions on companies involved in Iran’s nuclear industry, as well as on its petrochemical and oil industries.
The United Nations atomic agency releases evidence that it says make a “credible” case that “Iran has carried out activities relevant to the development of a nuclear device” at its Parchin military base and that the project may still be under way.
Bombings Strike Scientists in Iran
Unidentified attackers riding motorcycles bomb two of Iran’s top nuclear scientists, killing one and prompting accusations that the United States and Israel are again trying to disrupt Iran’s nuclear program.
The scientist who was killed, Majid Shahriari, reportedly managed a ”major project” for the country’s Atomic Energy Organization. His wounded colleague, Fereydoon Abbasi, is believed to be even more important; he is on the United Nations Security Council’s sanctions list for ties to the Iranian nuclear effort.
Iranian Scientist Defects to U.S., Then Reconsiders
Shahram Amiri, an Iranian nuclear scientist who American officials say defected to the United States in 2009, provided information about Iran’s nuclear weapons program and then developed second thoughts, returning to Iran. (After a hero’s welcome, he was imprisoned on treason charges and tortured, according to reports from Iran.)
The bizarre episode was the latest in a tale that has featured a mysterious disappearance from a hotel room in Saudi Arabia, rumors of a trove of new intelligence about Iran’s nuclear plants and a series of contradictory YouTube videos. It immediately set off a renewed propaganda war between Iran and the United States.
U.N. Approves New Sanctions
The United Nations Security Council levels its fourth round of sanctions against Iran’s nuclear program. The sanctions curtail military purchases, trade and financial transactions carried out by the Islamic Revolutionary Guards Corps, which controls the nuclear program.
The Security Council also requires countries to inspect ships or planes headed to or from Iran if they suspect banned cargo. In addition, Iran is barred from investing in other countries’ nuclear enrichment plants, uranium mines and related technologies, and the Security Council sets up a committee to monitor enforcement.
Computer Worms Leak Online; 1,000 Centrifuges Destroyed
The United States and Israel realize that copies of the computer sabotage program introduced in Natanz are available on the Internet, where they are replicating quickly. In a few weeks, articles appear in the news media about a mysterious new computer worm carried on USB keys that exploits a hole in the Windows operating system. The worm is named Stuxnet.
President Obama decides not to kill the program, and a subsequent attack takes out nearly 1,000 Iranian centrifuges, nearly a fifth of those operating.
Work on Warhead
The United Nations’ nuclear inspectors declare for the first time that they have extensive evidence of “past or current undisclosed activities” by Iran’s military to develop a nuclear warhead.
The report also concludes that some Iranian weapons-related activity apparently continued “beyond 2004,” contradicting an American intelligence assessment published in 2008 that concluded that work on a bomb was suspended at the end of 2003.
Leaked Gates Memo on U.S. Policy
Defense Secretary Robert M. Gates warns in a secret three-page memorandum to top White House officials that the United States does not have an effective long-range policy for dealing with Iran’s steady progress toward nuclear capability.
When the memo becomes public in April, Mr. Gates issues a statement saying that he wishes to dispel any perception among allies that the administration had failed to adequately think through how to deal with Iran.
Warning on Nuclear ‘Deception’
American, British and French officials declassify some of their most closely held intelligence and describe a multiyear Iranian effort, tracked by spies and satellites, to build a secret uranium enrichment plant deep inside a mountain.
The new plant, which Iran strongly denies is intended to be kept secret or used for making weapons, is months from completion and does nothing to shorten intelligence estimates of how long it would take Iran to produce a bomb. American intelligence officials say it will take at least a year, perhaps five, for Iran to develop the full ability to make a nuclear weapon.
U.S. Joins Regular Iran Talks
Secretary of State Hillary Rodham Clinton announces that the United States will participate in talks with Iran involving five other nations: Britain, China, France, Germany and Russia.
Talks End in Deadlock
International talks on Iran’s nuclear ambitions end in deadlock despite the Bush administration’s decision to reverse policy and send William J. Burns, a senior American official, to the table for the first time.
Iran responds with a written document that fails to address the main issue: international demands that it stop enriching uranium. Iranian diplomats reiterate before the talks that they consider the issue nonnegotiable.
U.S. – Israel Cyberattacks Begin
President George W. Bush rejects a secret request by Israel for specialized bunker-busting bombs it wants for an attack on Iran’s nuclear program. The Bush administration is alarmed by the Israeli idea to fly over Iraq to reach Iran’s major nuclear complex at Natanz and decides to step up intelligence-sharing with Israel and brief Israeli officials on new American efforts to subtly sabotage Iran’s nuclear infrastructure. Mr. Bush will hand off the major covert program to President Obama.
The United States works with Israel to begin cyberattacks, code-named Olympic Games, on computer systems at the Natanz plant. A year later, the program is introduced undetected into a controller computer at Natanz. Centrifuges begin crashing and engineers have no clue that the plant is under attack.
First Round of U.N. Sanctions
The Security Council unanimously approves sanctions intended to curb Iran’s nuclear program. The sanctions ban the import and export of materials and technology used in uranium enrichment and reprocessing and in the production of ballistic missiles.
Iran Opens a Heavy-Water Reactor
Just days before Iran is supposed to suspend enrichment of uranium or face the prospect of sanctions, President Ahmadinejad formally kicks off a heavy-water production plant in Arak, 120 miles southwest of Tehran, which would put Iran on the path to obtaining plutonium, a fuel used in nuclear weapons.
In November, Iran seeks international assistance to ensure safe operation for a 40-megawatt reactor it is building. Citing broader doubts about Iran’s nuclear ambitions, the United Nations atomic agency, the United States and European countries oppose offering help.
Natanz Production Is Restarted
Iran resumes uranium enrichment at Natanz after negotiations with European and American officials collapse.
The I.A.E.A. approves a resolution to report Iran’s nuclear program to the Security Council, citing “the absence of confidence” among the atomic agency’s members “that Iran’s nuclear program is exclusively for peaceful purposes.”
Ahmadinejad Elected President
Mahmoud Ahmadinejad, known only as a secular conservative and a former mayor of Tehran, becomes president. He becomes a divisive figure in world affairs, cheering on the development of Iran’s nuclear program despite orders from the United Nations Security Council to halt it, calling for Israel to be “wiped off the map’’ and describing the Holocaust as “a myth.”
With Laptop Files, U.S. Seeks to Prove Iran’s Nuclear Aims
Senior American intelligence officials present the International Atomic Energy Agency with the contents of what they say is a stolen Iranian laptop containing more than a thousand pages of Iranian computer simulations and accounts of experiments — studies for crucial features of a nuclear warhead.
Intelligence reports reveal that Mohsen Fakhrizadeh, a little-known Iranian scientist, leads elements of Iran’s weaponization program known as Project 110 and Project 111.
But doubts about the intelligence persist among some experts, in part because American officials, citing the need to protect their source, have largely refused to provide details of the origins of the laptop beyond saying that they obtained it in mid-2004 from a source in Iran who they said had received it from a second person, now believed to be dead.
Violation and New Agreement
Iran violates the agreement, charging that the Europeans reneged on their promises of economic and political incentives. After 22 hours of negotiations, an Iranian delegation and senior officials from France, Germany, Britain and the European Union come to a preliminary agreement to immediately suspend Iran’s production of enriched uranium. The Iranian foreign minister, Kamal Kharrazi, praises the so-called Paris Agreement but emphasizes that any suspension will be temporary.
In a few weeks, the I.A.E.A verifies Iran’s suspension of its enrichment activities, with one exception: its request to use up to 20 sets of centrifuge components for research and development.
Nuclear Program Is Suspended
Possibly in response to the American invasion of Iraq, which was originally justified by the Bush administration on the grounds that Iraq had weapons of mass destruction, Ayatollah Khamenei orders a suspension of work on what appear to be weapons-related technologies, although he allows uranium enrichment efforts to continue.
Inspectors with the United Nations atomic agency find traces of highly enriched uranium at the Natanz plant, and Iran concedes to demands, after talks with Britain, France and Germany, to accept stricter international inspections of its nuclear sites and to suspend production of enriched uranium.
Discovery of Secret Plants
Mujahedeen Khalq, an Iranian dissident group also known as the M.E.K., obtains and shares documents revealing a clandestine nuclear program previously unknown to the United Nations.
The program includes a vast uranium enrichment plant at Natanz and a heavy water plant at Arak. In December, satellite photographs of Natanz and Arak appear widely in the news media. The United States accuses Tehran of an “across-the-board pursuit of weapons of mass destruction,” but takes relatively little action because it is focused on the approaching invasion of Iraq the next year.
Iran agrees to inspections by the I.A.E.A. It also signs an accord with Russia to speed up completion of the nuclear power plant at Bushehr.
Proposal for Nuclear-Free Mideast
President Mohammad Khatami of Iran goes to Saudi Arabia, becoming the first Iranian leader since 1979 to visit the Arab world.
He issues a joint statement with King Fahd expressing concerns about Israel’s nuclear weapons program and support for ridding the Middle East of nuclear weapons. In 2003, Iran supports such a proposal initiated by Syria.
Sanctions Against Iran and Libya
With growing intelligence estimates that Iran may secretly be trying to build a nuclear weapon, President Bill Clinton signs a bill imposing sanctions on foreign companies with investments in Iran and Libya. Such rules are already in place for American companies.
Iran and Russia Sign Nuclear Contract
Iran announces that it will sign an $800 million contract with Russia to complete construction on one of two light water reactors at the Bushehr nuclear plant within four years. After many delays, the project was completed in 2010.
The United States has been persuading countries like Argentina, India, Spain, Germany and France to prohibit the sale of nuclear technology to Iran’s civilian program.
New Supreme Leader
Ayatollah Ali Khamenei, the country’s nominal president for eight years, becomes supreme leader after Ayatollah Khomeini dies.
Help From Pakistani Scientist
In the late 1980s, Abdul Qadeer Khan, a Pakistani metallurgist and the father of Pakistan’s nuclear weapons program, sells Iran, North Korea and Libya his uranium enrichment technology, and in Libya’s case, a bomb design. The transactions do not become public until years later.
In 2005, the United Nations’ International Atomic Energy Agency is on the verge of reviewing Tehran’s nuclear program when Iranian officials admit to a 1987 meetingwith Dr. Khan’s representatives. But Tehran tells the agency that it turned down the chance to buy the equipment required to build the core of a bomb.
Nuclear Program Restarts
The Iran-Iraq war, from 1980 to 1988, changes Iran’s thinking about the nuclear program. With Saddam Hussein pursuing a nuclear program in Iraq, Ayatollah Khomeini secretly decides to restart Iran’s program and seeks the assistance of German partners to complete the construction at Bushehr, which was damaged by bombs during the war.
Khomeini Comes to Power
Prime Minister Bakhtiar is overthrown by followers of Ayatollah Ruhollah Khomeini, an exiled cleric, after bloody clashes in Tehran.
The new leader is uninterested in the nuclear program and ends the shah’s effort. Many nuclear experts flee the country.
Any nuclear cooperation between Iran and the United States breaks down completely with the American Embassy hostage crisis from November 1979 until January 1981.
Shah Flees
The shah is overthrown and flees the country, in what becomes known as the Islamic Revolution of 1979.
Prime Minister Shahpur Bakhtiar takes over and cancels the $6.2 billion contract for the construction of two nuclear power plants at the Bushehr complex.
The United States retracts a deal it had made with Iran a year earlier and stops supplying enriched uranium for the Tehran research reactor.
Creation of Atomic Energy Body
The shah creates the Atomic Energy Organization of Iran, which conducts training for its personnel and nuclear deals with countries including the United States, France, West Germany, Namibia and South Africa. By training engineers in Iran and abroad, the country gains a solid understanding of nuclear technologies and capabilities.
A year later, Kraftwerk Union, a West German company, agrees to construct two light water reactors to produce nuclear energy at the Bushehr complex, 470 miles south of Tehran. Construction begins in 1974 but the contract is not signed until 1976.
By the late 1970s, the United States becomes worried that Iran may harbor nuclear weapon ambitions.
Iran Signs Nuclear Non-Proliferation Treaty
With the American-provided research reactor running, starting in 1967, Iran becomes one of 51 nations to sign the Nuclear Non-Proliferation Treaty, agreeing to never become a nuclear-weapon state.
Nuclear Program Begins
Iran begins a civilian nuclear program in the 1950s, led by Shah Mohammed Reza Pahlavi, who reaches a deal through the Eisenhower administration’s Atoms for Peace program. Under the agreement, the United States agrees to provide a nuclear research reactor in Tehran and power plants.
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Listen To Pronk Pops Podcast or Download Shows 121-123
Listen To Pronk Pops Podcast or Download Shows 118-120
Listen To Pronk Pops Podcast or Download Shows 113 -117
Listen To Pronk Pops Podcast or Download Show 112
Listen To Pronk Pops Podcast or Download Shows 108-111
Listen To Pronk Pops Podcast or Download Shows 106-108
Listen To Pronk Pops Podcast or Download Shows 104-105
Listen To Pronk Pops Podcast or Download Shows 101-103
Listen To Pronk Pops Podcast or Download Shows 98-100
Listen To Pronk Pops Podcast or Download Shows 94-97
Listen To Pronk Pops Podcast or Download Shows 93
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Listen To Pronk Pops Podcast or Download Shows 88-90
Listen To Pronk Pops Podcast or Download Shows 84-87
Listen To Pronk Pops Podcast or Download Shows 79-83
Listen To Pronk Pops Podcast or Download Shows 74-78
Listen To Pronk Pops Podcast or Download Shows 71-73
Listen To Pronk Pops Podcast or Download Shows 68-70
Listen To Pronk Pops Podcast or Download Shows 65-67
Listen To Pronk Pops Podcast or Download Shows 62-64
Listen To Pronk Pops Podcast or Download Shows 58-61
Listen To Pronk Pops Podcast or Download Shows 55-57
Listen To Pronk Pops Podcast or Download Shows 52-54
Listen To Pronk Pops Podcast or Download Shows 49-51
Listen To Pronk Pops Podcast or Download Shows 45-48
Listen To Pronk Pops Podcast or Download Shows 41-44
Listen To Pronk Pops Podcast or Download Shows 38-40
Listen To Pronk Pops Podcast or Download Shows 34-37
Listen To Pronk Pops Podcast or Download Shows 30-33
Listen To Pronk Pops Podcast or Download Shows 27-29
Listen To Pronk Pops Podcast or Download Shows 17-26
Listen To Pronk Pops Podcast or Download Shows 16-22
Listen To Pronk Pops Podcast or Download Shows 10-15
Listen To Pronk Pops Podcast or Download Shows 01-09
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