AUTHOR:
TerrorismCentral Editorial Staff
TITLE:
TerrorismCentral Newsletter - December 15, 2002
SOURCE:
TerrorismCentral, December 15, 2002
TEXT:
This week we return to the theme of identity and the balance between privacy (human rights) and safety (collective security) with an article on “Human Rights and Privacy Threats, What’s Next?” This article and other coverage in the News Highlights honors International Human Rights Day (December 10).
CONTENTS:
NEWS HIGHLIGHTS OF THE WEEK:
1. World
2. Africa
3. Americas
4. Asia Pacific
5. Europe
6. Middle East
7. South Asia
8. Cyberterrorism and Information Warfare
9. Finance
10 Human Rights
11. Law and Legal Issues
12. Narco-terrorism
13. Transportation
14. Weapons of Mass Destruction
15. Recently Published
FEATURE ARTICLE:
Human Rights and Privacy Threats, What’s Next?
Human Rights Day was observed around the world on December 10, commemorating the day the Universal Declaration of Human Rights was adopted in 1948. UN missions and Human Rights groups celebrated past progress and reminded us of how far we have to go to protect rights, particularly for civilians living through wars and political violence. UN Secretary General Kofi Annan called for everyone to commit themselves to the rule of law, for “...the strength of the rule of law lies in its universal relevance and application – in its grounding in the fundamental human rights of all people.” The Security Council took this to heart in a debate on measures to protect civilians in armed conflict. For more details see
http://www.un.org/depts/dhl/humanrights/index.html
http://www.un.org/apps/sg/sgstats.asp?nid=198
http://www.hrw.org/un/
A shipment of Scud missiles shipped from North Korea and en route to Yemen was boarded by the Spanish navy who then turned the investigation over to the Americans. The ship was sent on its way after Yemen informed the US that it had legitimately purchased the missiles, that were intended for defensive purposes. For details, see:
BBC News “Legal maze over Scud seizure” BBC News, December 11 http://news.bbc.co.uk/1/hi/world/middle_east/2565905.stm
BBC News “N Korea’s Scud missiles” BBC News, December 11 http://news.bbc.co.uk/1/hi/world/asia-pacific/2564241.stm
Rupert Cornwell, “How a show of force in the war on terror turned into an explosive farce” The independent December 12 http://news.independent.co.uk/world/politics/story.jsp?story=360831
James Harding et al “Interception of North Korean missiles misfires” Financial Times, December 12
Robert Marquand and Peter Ford, “A new doctrine and a Scud bust” The Christian Science Monitor, December 12
David E. Sanger and Thom Shanker “Reluctant U.S. Gives Assent For Missiles to Go to Yemen” The New York Times December 12
Thom Shanker, “Scud Missiles Found on Ship of North Korea” The New York Times, December 11
Andrew Ward “Madrid’s involvement leaves Seoul out in the cold” and “Ship sparks escalation in US-North Korea dispute” Financial Times, December 12
This unprecedented seizure and the unexpected outcome have again highlighted the new US doctrine of preemption. In a further policy escalation, the New York Times reports that President Bush has authorized the CIA to kill a list of named terrorist leaders. (James Risen and David Johnston, “Bush Has Widened Authority of C.I.A. To Kill Terrorists” The New York Times, December 15.) This information follows the assassination of six suspects in Yemen last month, using a remotely fired missile against their car.
Inspections in Iraq continue in parallel with preparations for a US attack. Recent coverage includes:
BBC News “Iraq dissidents seek consensus on future” BBC news, December 10
http://news.bbc.co.uk/1/hi/world/middle_east/2576773.stm
BBC News “UN row erupts over Iraq dossier” BBC news, December 10 http://news.bbc.co.uk/1/hi/world/middle_east/2560617.stm
James Bone “Arms dossier will be censored to spare suppliers’ blushes” The Times, December 12. http://www.timesonline.co.uk/article/0,,4801-511357,00.html
Julian Borger, et al “US and UK admit lack of ‘killer’ proof” The Guardian, December 10, http://www.guardian.co.uk/Print/0,3858,4564351,00.html
Faye Bowers and peter Grier, “With forces at ready, war could be swift” The Christian Science Monitor, December 10
John F. Burns “70 U.N. Arms Monitors Extend Scope of Searches Into the Iraqi Desert”” The New York Times, December 11
John F. Burns “A Top Iraqi Aide Defies U.S. To Find Proof of Weapons” The New York Times, December 9
John F. Burns “Expanded U.N. Teams pick Up Pace of Site Visits but Lack Details From Iraq” The New York Times, December 10
John F. Burns “Hussein, Cranking Up War of Words, Denounces U.S. on Documents” The New York Times, December 11
Janine di Giovanni “The foxholes are to stop looters, the Engineer explains nervously” The Times, December 9 http://www.timesonline.co.uk/article/0,,3-507883,00.html
Scott Peterson, “Iraq cranks up charm offensive” The Christian Science Monitor December 9, 2002
Scott Peterson, “Key factor: Iraqi scientists” The Christian Science Monitor December 11, 2002
Hugh Pope and David S. Cloud “After Hussein: Ethnic, Religious, Political Rifts Test U.S. Hopes for a Stable Iraq” The Wall Street Journal, December 11
Julie Preston, “U.S. Is First To Get A Copy Of Report On Iraqi Weapons” The New York Times, December 10, 2002
Carla Anne Robbins and David S. Cloud “Iraq Declaration Could Embarrass Weapons Partners” Wall Street Journal December 10, 2002
David E. Sanger and Julia Preston, “Iraq Arms Report Has Big Omissions, U.S. Officials Say” The New York Times, December 13. (Including an excellent summary “Deadly Comparisons: The Open Questions About Iraq’s Weapons Programs”
Kim Sengupta, “US wins battle to see Iraq’s unedited weapons report” The Independent, December 10. http://news.independent.co.uk/world/politics/story.jsp?story=360241
Justin Webb, “US develops response to Iraq report” BBC News, December 9 http://news.bbc.co.uk/1/hi/world/americas/2560123.stm
Jeanne Whalen, “U.S.-Russia Talks on Iraqi Oil Are Detailed by Executive” Wall Street Journal, December 11
Frances Williams. “Child death rate in Iraq trebles” Financial Times, December 12
The Financial Times also offers detailed coverage of recent Iraqi dissidents meeting in the UK, including a profile of Ahmad Chalabi published on December 13 with additional coverage on the 14.
Meanwhile, a UN compensation panel has approved $181 million compensation in claims from the 1990 Gulf War. The disbursements are taken from funds acquired under the oil for food program.
Researchers from Germany report on promising drug treatment for a disease increasingly meeting drug resistance. See “Fosmidomycin for malaria” in The Lancet 2002; 360: 1941-42 http://www.thelancet.com/journal/journal.isa
The UN launched the International Year of Freshwater to raise awareness on the need to maintain the resources needed to provide access to drinking water and sanitation. Control of agricultural use offers the most immediate benefit in improving water management. December 9 saw the 20th anniversary of the Convention on the law of the Sea. In the first Water Poverty Index, 147 countries were ranked according to the best use of water resources. The top ten were Finland, Canada, Iceland, Norway, Guyana, Suriname, Austria, Ireland, Sweden and Switzerland. The bottom ten were Haiti, Niger, Ethiopia, Eritrea, Malawi, Djibouti, Chad, Benin, Rwanda, and Burundi. The US was ranked last in efficiency and 32 overall. Wasteful agricultural practices are the main reason for this low ranking.
2. Africa
The expanding US presence in Africa was highlighted this week in a visit by the US Secretary of Defense and a promise of $5 billion in new investment funds to reward emerging markets. Relevant articles include:
Michael R. Gordon “German and Spanish Navies Take On Major Role Near Horn of Africa” The New York Times, December 15
Danna Harman, “US faces test to secure E. Africa” The Christian Science Monitor, December 13
James Lamont “Africa to benefit in $5bn US plan” Financial Times, December 11
But promised funds continue to fall short. The International Monetary Fund and World Bank issued a joint statement on the food situation in southern and eastern Africa, which has continued to deteriorate. The announcement points to a shortfall in donor aid of 50 percent and the urgent need to address the HIV/AIDS pandemic simultaneously, as the two crises are interdependent.http://www.imf.org/external/np/sec/nb/2002/nb02123.htm
Algerian police arrested 15 Berber militants among a small group of protesters. To support the fight against Islamic militants and others, the US plans to sell military equipment to the current military government.
Sanctions first imposed in 1993 against Angola’s defunct rebel group, the National Union for the Total Independence of Angola (UNITA) have been lifted in recognition of the end of the conflict.
Burundi’s truce is threatened by continued fighting, with the government and rebels accusing each other of attacks.
Democratic Republic of Congo peace talks between the government and rebel factions have begun again. The rebel Movement for the Liberatoin of Congo (MLC) has denied government accusations that they have received military support from Libya.
Eritrean President Isaias Afewerki has offered the US access to its military bases.
Continued violence at the border between Sudan and Ethiopia is keeping away aid workers.
The government of Ivory Coast has increased their military effort, aided by increasingly active French troops who are monitoring a shaky ceasefire. The government launched a huge recruitment effort to attract additional soldiers that attracted thousands of eager applicants. Initial reports of a massacre of some 120 people have been preliminarily confirmed and the UN has condemned the extra-judicial killings on the parts of both government and rebel troops. Joan Baxter offers her experience in “Eyewitness: Ivory Coast mass grave” BBC News, December 9, http://news.bbc.co.uk/1/hi/world/africa/2559337.stm. The UN has also expressed concern for the regional threat presented by this conflict and by the worsening refugee situation.
Kenya continues investigating the recent Mombasa hotel bombing that has now been claimed by al Qaeda. They released photographs of two men suspected of the failed missile launch against the airline, and of a man (Saleh Nabham) believed to have purchased the vehicle used for the bomb. Nine people initially detained were freed. Meanwhile, campaigning for the forthcoming presidential elections moves apace. As Human Rights Watch points out, “Kenya’s Dec. 27 Elections Won’t Solve Human Rights Ills”. They have published a new report, “Kenya’s Unfinished Democracy” http://hrw.org/reports/2002/kenya2
Parliamentary elections are being held in Madagascar in a test of the popularity of President Marc Ravalomanana who won victory following violently disputed elections also claimed by the incumbent Didier Ratsiraka. Amnesty International issued a report citing human rights violations, mostly by Ratsiraka supporters and some attributed to Ravalomanana during this dispute, and has called for an independent investigation. (http://www.amnesty.org)
Somalia militiamen attacked a guest house, killing four. The interim government of Somalia has denied any involvement in supporting the Kenyan attacks last month, suggesting the weapons and support came from Ethiopia. Mike Thomson describes his experience in “Up close with Somalia’s warlords” BBC News, December 14 http://news.bbc.co.uk/1/hi/world/from_our_own_correspondent/2573115.stm
South African police arrested nine suspected right-wing extremists suspected of involvement in recent bomb attacks. On another front, Robert Black writes “In South Africa, Mounting Evidence of al Qaeda Links” Wall Street Journal, December 10.
Uganda, the first country to qualify for the IMF/World Bank debt relief program, has failed to find relief from a debt burden that has continued to grow.
Zimbabwe’s situation continues to deteriorate. Calls for a national strike failed to inspire action, perhaps in part because the spiral of political violence and increasing hunger has rendered protest nearly impossible. See Rachel L. Swarns “Zimbabwe Uses Food as a Political Tool, Aid Groups Say” The New York Times, December 122; Thabo Kukene “Bodies found in Zimbabwe” BBC News, December 12 http://news.bbc.co.uk/1/hi/world/africa/2570137.stm. Also from BBC News on December13, “Mugabe threatens white Zimbabweans” http://news.bbc.co.uk/1/hi/world/africa/2571697.stm and “Zimbabwe fuel crisis escalates” http://news.bbc.co.uk/1/hi/business/2572923.stm
3. Americas
The area where Argentina, Brazil and Paraguay meet is the subject of an article by Larry Rohter “South America Region under Watch for Signs of Terrorists” The New York Times, December 15, 2002
On December 19-20 Argentina marked the one-year anniversary of the riots and demonstrations that helped overthrow the de la Rua administration.
Canada and the US signed a mutual assurance agreement that would allow cross-border military operations in case of a terrorist attack or other significant emergency. Canada has now banned the political wing of Hezbollah, in addition to the existing ban on the militant wing.
In Colombia, authorities reported on their success in foiling a plot to assassinate President Uribe and in defusing five large remote-controlled car bombs. The attempts were blamed on leftist rebels with the Revolutionary Armed Forces of Colombia (FARC) as well as a series of smaller bomb blasts that have injured dozens and a raid on territory held by right-wing paramilitaries that killed some 28 militia members and two rebels.
Nicaragua’s legislature stripped former Presient Arnoldo Aleman of immunity and placed him under house arrest to face trial on charges of money laundering and fraud.
In the US, the congressional committee investigating intelligence failures in relation to the September 11 attacks recommended that a new cabinet position should oversee all US intelligence agencies. (See James Risen, “Inquiry is Sharply Critical of Intelligence Agencies for Failing to Prevent Attacks” in The New York Times, December 12.) A dissenting report by Richard Chelby, senator from Alabama, was far more critical than the official report. Why the National Security Advisor is not held responsible for this as currently legislated has not been explained. In the 9/11 commission formed to study the same issues, both the designated Chairman, Henry Kissinger, and the Vice Chairman, George Mitchell resigned to avoid conflicts with their other business interests.
Meanwhile, the FBI Director, Robert Mueller, says that nearly a hundred terrorist plots around the world have been foiled since September 11.
The Department of Defense has announced the failure of the latest test of the missile defense program.
Over 150 events were held across the country on December 10 to protest war with Iraq.
Economist Thomas Stauffer has calculated that Israel has cost the US $1.6 trillion since 1973. See a description of his findings in “Economist tallies swelling cost of Israel to US” in The Christian Science Monitor, December 9
Venezuelan President Hugo Chavez has called out armed troops to keep essential parts of the oil industry operating in response to an indefinite general strike called by his opponents who want to force him from office. Mediation in the rapidly deteriorating and explosive situation has so far been unsuccessful.
4. Asia Pacific
Australia’s asylum policies have been thoroughly criticized in a new report by Human Rights Watch. “By Invitation Only” http://hrw.org/reports/2002/australia/. Australia has dismissed the report and has agreed to extend the controversial practice of using camps on the remote island Nauru to detain asylum seekers. In a ruling by the high court, the long-running land dispute for the Yorta Yorta aborigines was rejected because the court said the Yorta Yorta had lost their traditional identity.
China and the US have held the first high-level military talks in several years. Meanwhile, China has been purchasing arms elsewhere. See “China’s Russian-Arms Spree” by David Lague and Susan V. Lawrence in The Wall Street Journal, December 10, 2002. China is also the feature of a Financial Times World Report published on December 12, http://www.ft.com/china2002
Following last week’s violence in East Timor, seven suspects have been arrested and immediate steps to strengthen the police force are underway.
Indonesia and the Free Aceh Movement (GAM) signed a peace agreement on December 9 and internatinal peace monitors arrived immediately thereafter. This is a major breakthrough, but key issues such as autonomy and disarmament remain unresolved. For background and more information, see the BBC’s profile “Aceh’s separatists”, BBC News, December 9 http://news.bbc.co.uk/1/hi/world/asia-pacific/2558165.stm, Shawn Donnan “Aceh people greet ceasefire deal with cynicism and doubt” Financial Times, December 10, Craig S. Smith “Indonesia and Rebels Aign Accord; Outlook Murky” The New York Times, December 10, and Dan Murphy “Tenuous peace deal in Indonesia, Christian Science Monitor December 9
A North Korean ship bound for Yemen with a load of cement and Scud missiles was stopped by Spanish warships and investigated by US experts then was released after Yemen said they had legitimately purchased the weapons. For details, see World, above.
North Korea has also said it will reactivate up to three nuclear power plants that had been on hold since an agreement with the US in 1994, in response to a US decision to suspend oil aid. For details, see Weapons of Mass Destruction, below.
In the Philippines, communist rebels New People’s Army have said there would be no ceasefire this year and that if Americans helped the Philippine government fight the movement they would retaliate by attacking American interests.
South Korea’s presidential election may now be dominated by a surge in anti-American feelings following the acquittal of two US soldiers who were responsible for the road death of two girls. There have been continuous protests over the decision, including a two-hour rally that attracted tens of thousands.
5. Europe
Bosnia Herzegovina has successfully worked with the UN mission to develop the foundation for a modern police force and establishment of rule of law. With successful elections in October, the Mission is winding down in preparation of the end of its mandate on December 31.
Cypress received a proposal and revised proposal for federal unification and peace, but it has not been possible to complete negotiations at this time. The UN will continue to press for a settlement.
France’s controversial refugee camp in Sangatte has been closed. The remaining refugees are travelling to the UK.
In Greece there was another refugee question. The UN is concerned at the dramatic fall from 22.4 percent to one percent in the number of asylum seekers granted refugee protection.
In Italy, December 14 marked memories of the violent anti-globalization protests and the bombing by the July 20 Brigade that marked the Group of 8 meeting last year.
Russian president Vladimir Putin says he will stop the forced resettlement of Chechen refugees and has agreed to a constitutional referendum and elections in Checnenya. Notorious Chechen warlord Salmon Raduyev, sentenced to life imprisonment last year, has died in jail of a brain hemorrhage.
Russian oil company Lukoil has received notification from Iraq to cancel an oil development agreement. Russia had been unable to fulfill its terms because of a UN embargo, but will pursue its contractual interests in international courts. In a separate setback, “Grand Soviet Scheme for Sharing Waterin Central Asia Is Fondering” by Michael Wines, The New York Times, December 9, 2002
Turkey is featured in a Financial Times World Report published on December 10 http://www.ft.com/turkeybfi2002. This report was published before the decision to defer EU candidacy until 2004.
6. Middle East
In the occupied Gaza Strip, Israeli soldiers shot and killed a Palestinian woman and wounded her three children. Israeli soldiers also killed suspected member of Hamas Yasin al-Rah and arrested two dozen suspects. Five unarmed Palestinian cousins trying to cross into Israel to look for work were shot to pieces (James Bennet, “No Terror This Time, Just Men Seeking Work” The New York Times, December 14). Two Palestinian militants were killed in other incidents, one a member of the Popular Front for the Liberation of Palestine (PFLP).
In Iran, more student protesters have been arrested. UN International Atomic Energy Agency inspectors will visit two nuclear facilities in Iran in February. Iran now requires fingerprints of US journalists, just as the US now fingerprints Iranian visitors.
Two Israeli soldiers were injured when a bomb, attributed to and denied by Hezbollah, exploded under their jeep near the Lebanese border. This story is elaborated on in “Web of deceit lies behind death of a traitor to many masters” by Robert Fisk, The Independent, December 11. http://news.independent.co.uk/world/middle_east/story.jsp?story=360546
Oman plans to be the first Middle Eastern country to issue biometircally enhanced smart cards for citizen identification.
Qatar has signed an agreement to allow American military forces to use its military airbases.
Syria has spoken out against a war on Iraq and other US policies. President Assad recently visited London. See Michael Binyon, “Assad offers gloomy prognosis that war with Iraq will create fertile soil for terrorism” The Times, December 13 http://www.timesonline.co.uk/article/0,,3-512202,00.html and Gareth Smyth “Shoots of reform begin to show in Syria again” Financial Times December 13,
In the West Bank town of Bethlehem, Christmas festivities have been abandoned. The Christmas Eve service will still be held, although Israel has banned Palestinian leader Yasser Arafat from attending it. In Hebron, two Israeli soldiers were killed in a Palestinian gun attack. Israeli troops shot and killed a disabled Palestinian and fired on a UN bus. Near Nablus, suspected Palestinian militant Osama Badra of the Popular Front for the Liberation of Palestine (PFLP) and Islamic Jihad has shot dead. In Tulkarem, the UN confirmed the death of one of its staff members during an Israeli undercover operation. Two soldiers were wounded when a bomb exploded next to their jeep. Twenty suspected militants in Tulkarm and Hebron were arrested by Israeli troops.
Yemen has finally received the previously intercepted shipment of Scud missiles it had purchased from North Korea. (For details, see World, above).
7. South Asia
Afghanistan’s reconstruction is highlighted this week in a feature by Sarah Chayes “Rebuilding Akokolacha and why America must get more involved – not less – in Afghanistan” The Christian Science Monitor, December 10. The UN is more concerned about immediate aid to get through the unseasonably cold winter in which ten children in a refugee camp froze to death. Improvements in winter preparedness will be made quickly. This is important especially now that Afghanistan will repatriate 1.8 million refugees living in Pakistan.
Bangladesh arrested over 60 opposition militants following the theater bombings that killed 18. Two British journalists have been released from custody and deported.
India marked the first anniversary of the militant attack on the parliament that occurred on December 13. India blamed the attack on Pakistan and was led to the brink of war over the attack that killed nine.
India’s Gujarat state held sate elections, secured with some 90,000 state and central police. The vote ended in a landslide victory for ruling hardline Hindus, leading to fears of renewed ethnic violence. An indefinite curfew was imposed in districts that saw clashes as the election results came in. Two people were hacked to death.
The death of Hannur Nagappa in Karnataka state following his kidnapping by notorious bandit Veerappan has led to violent protests. The hunt for Veerappan has intensified, and security is tight amid fears of ethnic conflict between the Tamil minority and Kannada majority communities.
In Manipur state, India, four policemen were shot dead in a battle with separatist rebels of the United National Liberation Front.
In Indian-administered Kashmir, two separate gun battles killed eleven suspected Islamic militants and six civilians.
In Nepal, a strike called by Maoist rebels has shut schools across the country indefinitely. The main political parties and thousands of people are protesting King Gyanendras assumption of executive powers. The National Human Rights Commission has called for an immediate ceasefire to coincide with International Human Rights Day, but the government and rebels have continued to escalate violent attacks.
Pakistan announced the arrest of three men suspected of planning a bomb attack against US diplomats.
8. Cyberterrorism and Information Warfare
Online auction fraud is already a leading cause of consumer complaint and financial losses. It reached new heights with a fraudulent website that claimed to be a support service for the largest online auction service in the world, eBay. They emailed customers saying there were problems with the billing information and asked for financial data to correct the problem. The site has been taken down.
(Note: This is another classic social engineering technique, as discussed in the feature article of November 17. If you have not yet picked up a copy of Kevin Mitnick’s “The Art of Deception” please be sure to do so.)
Verisign has announced new security tools to help authenticate owners of domain names. These types of measures should help reduce fraudulent activities that rely on shadow sites, such as that described above. For a good overview of this issue, check out “Ways to Verify Accuracy of Domain Name Data Sought: Existing honor system ideal for fraud schemes” by Linda Rosencrance in Computerworld, December 9, 2002 (http://www.computerworld.com)
In another hoax, the Yes Men hacktivism group sent a fake email linking to a fake web site that purported to be from Dow Chemical, owner of Union Carbide that was responsible for the Bhopal chemical disaster. This was done to draw attention to the lingering waste problem and illnesses that followed the disaster.
Al Qaeda’s use of web sites for communication and recruitment is discussed in “Websites spread al-Qaeda message” by Mark Ward, BBC News, December 12 http://news.bbc.co.uk/1/hi/technology/2566527.stm
Yochi J. Dreazen has written an interesting article regarding government use of hackers to investigate security gaps. See “Wanted: a Few Good hackers” in The Wall Street Journal, December 9, 2002
9. Finance
Nigeria has met the Financial Action Task Force (FATF) deadline to implementing legislation to crack down money laundering. This legislation relieves Nigeria of the threat of financial sanctions.
No doubt the FBI is still sifting through any information it acquired in its raid on software developer Ptech last week, but as yet there have been no charges related to the investigation. There is little doubt of the immediate impact on Ptech’s business, however. See follow-up by Thanassis Cambanis “Quincy firm denies it kept contact with Saudi”, Boston Globe, December 10 and Cambanis with Ross Kerber “Ptech CEO says probe put firm on ropes” in the Globe on December 13.
For a look at the progress of the investigation to support the lawsuit by families of September 11 victims against Saudi Arabia, see the article by Milo Geyelin and Jess Bravin “Tobacco Lawyer Takes On Saudis In a Sept. 11 Suit” in The Wall Street Journal, December 12.
The British National Audit Office published their annual report (http://www.nao.gov.uk/pn/02-03/c&estdrept.htm) including the finding that although there was a sharp rise in goods seized, there was also a risk that some of the material found it’s way onto the black market.
For those of you plagued (as we are!) with Nigeria 419 letters, check out the exchange posted on http://www.fattibastardo.com/fraud.html. (It’s very funny.)
10. Human Rights
Human Rights Day was observed around the world on December 10, commemorating the day the Universal Declaration of Human Rights was adopted in 1948. (See World, above)
The UN Security Council approved the 23 nominees to act as judges for the International Criminal Tribunal for Rwanda. This will now go to the General Assembly.
Retired Washington Post correspondent Jonathan Randal won his appeal to the UN International Tribunal for the Former Yugoslavia that he will not be forced to testify in court. Under this standard, journalists receive legal protection that recognizes the risks forced testimony could pose to their lives and to a free press. For discussion of this issue, see Nina Bernstine “Should War Reporters Testify, Too?” in The New York Times, December 14 and coverage by the BBC (whose reporter Jacky Rowland gave testimony earlier this year) includinghttp://news.bbc.co.uk/1/hi/world/europe/2566465.stm
11. Law and Legal Issues
Maulana Masood Azhar, leader of militant Jaish-e-Mohammad, has been freed by a Pakistani court ruling there were insufficient grounds to continue imprisonment without charge. India reacted angrily to this decision, as they believe he was involved in last year’s attack on parliament.
The trial of Sab Bith, former Khmer Rouge commander accused of kidnapping, murder, robbery and terrorism, has opened in Cambodia. Evidence in the trial has been given by senior Khmer Rouge leader Nuon Chea “Brother Number Two”.
Leo Felton, a neo-Nazi convicted of planning to bomb Jewish or African-American landmarks, has been sentenced to nearly 22 years in prison. His girlfriend and coconspirator will be sentenced in late January.
Abdullah Mesfer Ali al-Ghamdi, Zouhair Hilal and Hilal El-Assiri, on trial in Morocco as suspected al Qaeda members planning to blow up US and UK warships, are awaiting the arrival of 11 witnesses the defense says would refute the prosecution’s story. The trial has been adjourned until December 26.
Abdallah Higazy was jailed in New York after September 11 on charges that he had an aviation radio in his hotel room. It was later found to belong to another guest, a pilot. Higazy is now suing the FBI agent and hotel for their role in the criminal complaint that led to his arrest and imprisonment for over a month.
Anees Ibrahim (“Mumbai”) has been arrested in Dubai in connection with a series of bombings in Bombay, India in 1993.
John McQuade was arrested in Belfast, Northern Ireland, on explosives charges to which he pleaded not guilty.
Imelda Marcos, wife of the late Philippines President, will be tried in January on embezzlement charges.
Rory O’Driscoll, Allaatin Kalander, Gurkan Gur, Songol Ozgur, Selver Kapan and Birten Kalayci were charged in the UK under the Terrorism Act as being members of the proscribed Revolutionary People’s Liberation Party (DHKP-C), a Turkish group.
An Italian court has refused extradition to India of Ottavio Quattrocchi, wanted in connection with the notorious Bofors arms scandal.
Jonathan Randal won his appeal to the UN International Tribunal for the Former Yugoslavia that he will not be forced to testify in court. (See Human Rights, above)
Jesse Rocha, Karl Vasconcelos, Alesandro Vasconcelos, Francisco “Chico” Araujo, Isaias Santana and Rodrigo M Rozzini have been indicted on charges of identity fraud, money laundering, conspiracy and misuse of documents. They were in federal court in Boston for selling 1,700 Social Security cards to illegal immigrants. The cards helped to obtain drivers licenses and other false documents.
Jack Roche, accused of planning to blow up Israeli diplomatic missions in Australia, did not apply for bail and will have a committal hearing early next year.
Salem Saad bin Suweid and Yasser Fathi Ibrahim have been arrested in Jordan for the killing of Laurence Foley of the US Agency for International Development.
Giorgos Sandalis was arrested in Greece after attempting to shoot Dora Bakoyianni, the mayor-elect of Athens.
For a look at the progress of the investigation to support the lawsuit by families of September 11 victims against Saudi Arabia, see the article by Milo Geyelin and Jess Bravin “Tobacco Lawyer Takes On Saudis In a Sept. 11 Suit” in The Wall Street Journal, December 12.
Fuad Shobaki, a senior Palestinian official, was released from prison on order of the Palestinian high court. He had been accused of involvement in weapons smuggling and was held under an agreement to end the siege of Palestinian leader Yasser Arafat’s headquarters. Israel said this release would violate the agreement and that they would be free to pursue him (i.e. assassinate) is he is freed. It is unlikely that Arafat will permit the release.
Akhmed Zakayev, wanted by the Russian government for a number of charges related to the Chechen war, has been freed on bail by a UK court while they review Russia’s extradition request. (For a profile of Zakayev, see Steven Lee Meyers’ article “Chechen in Extradition Dispute: Criminal or Peacemaker?” in The New York Times, December 9.
12. Narco-terrorism
As part of the effort to combat the increase in Afghanistan’s opium industry, British customs officers are setting up a one-year training program for the Afghan police.
A bizarre story in the Chicago Tribune highlights a drivethrough drug operation at a local fast food restaurant. See “Drive-up drug deals outlined: Intercom orders taken, cops say” by Rex W. Huppke, Chicago Tribune December 10 http://www.chicagotribune.com/news/showcase/chi-0212100341dec10.story
13. Transportation
Under current rules, there is a 2-month limit in which respond to a request under the Freedom of Information Act. Several requests issued on behalf of people who believe they were wrongly posted on such lists have exceeded this time limit. Now, the Electronic Privacy Information Center has sued the Transportation Security Administration (TSA) for this and has asked for information on the criteria for putting people on the watch list. Given the problems documented with the accuracy and timeliness of such lists and the rampant problems of identity theft, it seems these issues should be resolved. This would both ensure the security of the information and to accommodate the legitimate requests of those who are prohibited from travel or subject to extra investigation, perhaps to no purpose.
The TSA faces other challenges in ensuring reliability of their equipment. Most recently, they issued a warning that some handheld metal detectors used for passenger screening may be unreliable.
Canadian plans to expand the collection detailed airline passenger information to other forms of transportation is under attack by privacy advocates who say the actions violate Canada’s Charter of Rights and Freedoms.
The European Union has issued stronger aviation security rules, including staff screening, baggage screening, spot checks, background checks, and secured design. The guidelines do not yet include enforcement provisions and the measures are not funded.
The International Maritime Organization approved increased security measures to limit risk of terrorist attacks against passenger ships and freight vessels. “Warnings From Al Qaeda Stir Fear That Terrorists May Attack Oil Tankers” by Keith Bradsher, in The New York Times, December 12, offers an excellent view of the vulnerabilities of oil traffic and particularly risky areas such as the Strait of Malacca.
Oceans are called a “crucial front in war on terrorism” in an article by Michael Evans in The Times, December 12. He reviews the rules of engagement in light of the North Korean/Yemeni scud missile incident (see World, above).http://www.timesonline.co.uk/article/0,,4801-511355,00.html
14. Weapons of Mass Destruction
The long-delayed plan for smallpox vaccination in the US has finally been released. It will begin with the vaccination of half a million military personnel (http://www.vaccines.army.mil/smallpox.asp) and US President Bush, then will be followed by as many as 10 million “first responders” – healthcare and emergency workers on the front line to possible incidents. The general public will not be offered vaccination now, but it may be made available in the next year or so. Extensive coverage of the issues surrounding the decision can be found in the New York Times of December 12, 13, 14 and 15 including the risks of adverse reactions, vaccinating children, infecting other people, potential litigation, and reviews of the necessary local infrastructure and funding to support the proposal.
Richard Lloyd Parry reports that “Weapons sales are hard cash lifeline for crippled country” in The Times, December 12, http://www.timesonline.co.uk/article/0,,4801-511354,00.html. He writes “According to US government analysts, North Korea raised $560 million... from weapons sales in 2001 alone. With the sale of drugs and counterfeit dollars, missiles and missile technology have helped to tide North Korea over the hardest decade of its 57-year history.”
In the aftermath of the interdiction of a shipment of Scud missiles from North Korea to Yemen, North Korea has hit back with insistence that they will reenergize their dormant nuclear program, including three abandoned nuclear power plants. For an excellent summary of the missile programs, see James Kynge, “North Korea feels heat over N-programme” Financial Times, November 12. Also see:
BBC News “Analysis: North Korea’s nuclear programme” BBC News, December 13 http://news.bbc.co.uk/1/hi/world/asia-pacific/2572525.stm
Caroline Daniel and James Harding, “New US regime, but same old embarrassment” Financial Times, December 13
Democratic People’s Republic of Korea letter to the International Atomic Energy Agency announcing their intention to lift the freeze on its nuclear facilities to generate additional power http://www.iaea.org/worldatom/Press/P_release/2002/prn0221.shtml
Indira A. R. Lakshmanan “’Axis’ nations’ nuclear aims test US” Boston Globe, December 15
Paul Reynolds “North Korea ratchets up a crisis” BBC News, December 12 http://news.bbc.co.uk/1/hi/world/asia-pacific/2566277.stm
Carla Anne Robbins, David Cloud and Greg Jaffe “North Korea, Iran Raise States for U.S. With Nuclear Ambitions, Wall Street Journal, December 13
Andrew Ward “N Korea and US on collision course” and “Pyongyang could restart plutonium facilities soon” Financial Times, December 13
Iraqi general Hossam Mohammed Amin said that accusations that an Iraqi chemical weapon, possibly VX, was sent to al Qaeda (as reported in the Washington Post, December 12) were ridiculous. No confirmation of the accusations has been forthcoming from official US sources.
The perpetrator of the anthrax attacks in the US last year that killed five has still not been identified. In a recent conference, Centers for Disease Control Director, Dr. Julie Gerberding, said the attacker was most likely a trained technician. http://www.defenselink.mil/news/Dec2002/n12092002_200212096.html. The FBI searched on wooded public land near where Dr Steven Hatfill used to live. His former apartment has already been searched three times. No evidence has ever been found to link him to the attacks, but the special attention he has been accorded has had a dramatic effect on his life and work.
FEATURE ARTICLE: Rights and Privacy Threats, What’s Next?
Previous articles have reviewed issues of social engineering and identity theft in which breaches against personal privacy enable breaches of security. With this background to provide a context around the security risks associated with poor identity protection and in honor of International Human Rights Day, this feature lists some of the current and proposed plans for dealing with personal information in the US.
* Five thousand bills were introduced in state legislatures last year and will make their way through the legislative process this year. Proposed legislation covers such areas as medical and financial records; spam and telemarketing; and workplace privacy.
* Workplace privacy meets new corporate governance rules: In early December five brokerage firms were fined a total of $8.25 million for improperly storing or making accessible email messages
* The Fair Credit Reporting Act is due to expire next year. Will it be renewed? Will state preemption continue?
* Airline watch lists: The Transportation Security Administration (TSA) is being sued for failing to respond to Freedom of Information requests to explain why people are on the lists and to give them the opportunity to appeal or correct it.
* Logan airport in Boston is experimenting with additional profiling tools based on those used in Israel
* The US Patriot Act provides expanded powers of surveillance and wiretapping even without evidence of criminal activity.
* The Department of Justice has begun a practice of infiltrating public meetings with the intention of reporting on the content.
* The New York Police Department has asked to overturn a consent decree that stopped it from infiltrating political groups. Chicago police already have no such limitation.
* There are a number of proposals to break down the separation of foreign and domestic intelligence that was first brought in as the result of the abuses under J Edgar Hoover. For example, the Foreign Intelligence Surveillance Court is being used by the Department of Justice to bypass the need for a search warrant. And all searches could be kept secret.
* Proposals to use a Social Security number as a national ID.
* The Department of Homeland Security’s proposal to develop an enterprise architecture for information exchange across agencies.
* The Pentagon’s Total Information Awareness project that includes three components. First, voice recognition technology to scan recorded transmissions and translate; Second to build connections among passports, rentals, purchases **, arrests, and other records; Third to allow information sharing and analysis among agencies. This has been given an initial budget of $10 million. (If this sounds like a lot, it’s not. This funding is only for prototyping with test data and selected public records.)
* **Purchases? Yes. Credit card records, bookstore records, hardware stores that sell pipes, fertilizer, etc....
* Under the Patriot Act, business records, such as an individual’s employment record, must also be provided without offering evidence of a crime.
* Videos stored at ATM machines and other surveillance devices are fair game. You do not own your own image and have no rights to opt-out of doing a transaction nor to any notification of the use of the data so captured. Ever wonder what happens to that ultrasound?
* Credit card records have been subpoenaed in connection with investigations not related to known incidents of fraud but for broad investigations into patterns of tax fraud or terrorist funding.
* Under the Patriot Act, law enforcement is given easier access to credit records and no requirement to notify the person in question that the records are being reviewed.
* Internet filters that block pornography and also sites on safe sex and health education.
* Proposed requirements that Internet Service Providers store all records for a specified minimal period of time.
* The US Patriot Act requires libraries to release details of all books borrowed. Librarians have recommended not keeping records any longer than necessary. The fewer records kept, the less the government can see. But if they are there, they must be made available to federal authorities. There is no requirement to authenticate the identity of the individual in question.
* High schools to release student records in connection with military recruitment. There are no opt out procedures. There are no parental notification or student notification procedures. There are no appeal procedures.
* All educational institutions are required to provide identifiable student information in great detail to law enforcement authorities with only a certification that the records are relevant to an investigation. A judge is not allowed to rule on the substance of a certification.
* Under the US patriot Act, additional personal information now must be collected by investment firms, gambling operations, insurance companies and others. Refusal to provide the requested information constitutes suspicious behavior that must be reported to the government. There is no requirement to inform the individual of this practice.
* These firms are also required to investigate transactions of over $5,000 and attempt to identify any suspicious activities, that are then reported to authorities without notification to or review by the individual
* Racial stereotyping just won’t go away: Disparities in capital cases, persistent evidence of bias in eyewitness accounts based on racial assumptions, and even a recent study showing dramatic disparities in employment based on whether the candidate has a “black-sounding” name rather than a “white-sounding” name.
* When all this data is gathered, there are no limitations on sharing it with other organizations or disseminating it in the future
Next week we will talk about identity management and some of the technologies that can contribute to managing the problems practices such as those described above have raised.
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