OpenCDA

April 5, 2016

‘… left the office with a briefcase full of reports…’

Filed under: Probable Cause — Tags: , — Bill @ 7:05 am

Clinton 100OpacityHistorical perspective can be very educational.

The British Broadcasting Company has recently found a film of British spy Harold “Kim” Philby giving a how-to class to the East German Ministry for State Security (MfS or StaSi). after his defection to the Soviet Union.  The linked film excerpt lasts about 3-1/2 minutes and is worth watching and hearing.

The newly-found film is noteworthy not for any clever spy tradecraft it reveals but how easily Philby “…got away with treachery…” because he had been “… born into the British upper class.”  Exposing someone of his social and political prominence would have caused a scandal in Britain.

Philby reveals how at night before he left work, he simply crammed his briefcase full of secret material, left the building, delivered the material to his case officer/handler who then photographed it.  The next morning, Philby retrieved the secrets from his case officer/handler and returned them to the office with no one the wiser.

If Philby were to be resurrected and reactivated today, his briefcase might conveniently be replaced by a private email server.

“Those who cannot remember the past are condemned to repeat it.” (George Santayana, The Life of Reason, Volume 1, 1905)

April 4, 2016

Incompetence? Or Intention?

Filed under: Probable Cause — Bill @ 8:37 am

clockat515OpenCdA’s post on Saturday, April 2, 2016, titled Change in CdA Council Meeting Time? pointed out that the online agenda announing the Tuesday Coeur d’Alene City Council meeting contained a serious but easily correctable defect.  The agenda would, if executed as published, result in a violation of the Idaho Open Meetings Law.  The violation was not created by the meeting time change; it was created by the order of business as announced in the agenda.  The violation and lawful correction for the violation was explained in the post.

Today at about 5:59 AM, we went to the Coeur d’Alene City website and once again looked at the online Council meeting agenda.  It had been changed, perhaps in response to our post, but the change did not correct the original error.   Here is the new agenda as it appeared this morning.

The Idaho Open Meetings Law is clear about how public meetings must be announced and conducted.  It is equally clear about when and how Executive Sessions are authorized and what business may and may not be conducted in them. (more…)

April 2, 2016

Change in CdA Council Meeting Time?

Filed under: Probable Cause — Tags: — Bill @ 7:35 am

clockat515Citizens who pay attention to what the Coeur d’Alene City Council does will want to look carefully at the online agenda for the council meeting on April 5.  This agenda was retrieved at 7 AM on Saturday, April 2.

First, note the time-date line above agenda item ‘A’ shows that the meeting begins at 5:15 PM, not the usual 6 PM.

Second, note that agenda item ‘A’ and agenda item ‘M’ show the Council in Executive Session.  That is not a typographical error; the Council intends to hold two Executive Sessions during this meeting.    However, if the Agenda is followed as published, it will create a violation of Idaho’s Open Meetings Law.

The Open Meetings Law does not forbid multiple executive sessions in the same public meeting.  The Council is allowed to have more than one Executive Session as long as each is properly noticed on the council meeting agenda and convened only after passage of the statutorily required motion.

But the agenda published online and linked above shows that the first item of business at 5:15 p.m. will be conducted in Executive Session.  The next item of business after that would convene the public City Council meeting.  That would violate Idaho’s Open Meetings Law.

The Open Meetings Law absolutely requires that before going into Executive Session, the Council must first convene a properly announced public meeting, then during that meeting offer and pass a motion to go into Executive Session.  The Law forbids using an Executive Session “… for the purpose of taking any final action or making any final decision.”  Because the Executive Session motion results in a final action or final decision, it must be passed and memorialized in the minutes of the already-convened public meeting.

If Coeur d’Alene’s Mayor, City Council, City Administrator, City Clerk, and City Attorney care about following the Open Meetings Law, they need to amend the agenda as provided by the Law.  The agenda needs to be formally amended to simply reverse the position of agenda items ‘A’ and ‘B’.  The Tuesday, April 5, 2015, Coeur d’Alene City Council meeting needs to be convened in open session before the motion to go into Executive Session can be offered and passed.

March 30, 2016

Apple Bites, Part 6: Why Not Use the NSA?

Filed under: Probable Cause — Tags: — Bill @ 10:24 am

AppleCore copyMore than a few people have scoffed at the Federal Bureau of Investigation’s (FBI) apparent inability to independently defeat the zero day safeguard designed and built into the Apple iPhone 5C used by the San Berdo Two  Islamist terrorists.

The scoffers often suggest the FBI should simply have turned to the National Security Agency (NSA), the nation’s codebreakers.  Couldn’t the NSA or other components of the US Intelligence Community (IC) have cracked into an iPhone 5C?

In OpenCdA’s opinion, the answer to the question posed is an unqualified “Yes.”

We also believe there is a reasonable explanation why the FBI handled this case the way it did. (more…)

March 29, 2016

Idaho’s Permitless Carry Law: Harmful or Beneficial?

Filed under: Probable Cause — Bill @ 7:16 am

gfszaToday’s Idaho Statesman published an opinion piece headlined Permitless carry bill ‘sets Idaho up for failure’.  The op-ed’s writer, True Pearce, identifies himself as “…  an Idaho attorney, professional competitive shooter and gun rights advocate.”

Our OpenCdA post on March 17, 2016, SB 1389: Did They Ask?, wondered if Idaho’s legislators had bothered to diligently research possible conflicts between Idaho’s proposed SB 1389 and the federal Gun Free School Zone Act.  Certainly the resources for doing the research were available to the legislators even if the legislative skill and political will to pass a state law consistent with the federal law eluded them.

Our recommendation is simple:  If you’re inclined to carry a concealed weapon in Idaho, lawfully obtain the appropriate level of state permit and put it with your driver’s license or identification card.  Having the state-issued permit does not allow you to violate either federal or state laws, but failing to possess one can result in a federal statutory violation where one would not otherwise have been.

March 28, 2016

Apple Bites, Part 5: Not Surprising Result

Filed under: Probable Cause — Tags: — Bill @ 7:44 pm

AppleCore copyAccording to the New York Times skews paper, the Federal Bureau of Investigation (FBI) has asked the Federal District Court for the Central District of California to vacate its order to compel Apple to find a way to unlock the Apple iPhone 5C used by the San Berdo Two Islamist terrorists.

OpenCdA is not surprised at this outcome.  As we observed in a comment appended to our February 26, 2016 Apple Bites, Part 2 post:

“On the other hand, don’t overestimate the quality of Apple’s or any other product’s engineering and design people. People in those occupations often fall in love with their product and become blind to the vulnerabilities that they have inadvertently (and often carelessly and negligently) engineered in. When confronted with incontrovertible evidence of a major vulnerability, everyone from the lowest snuffy design engineer up through their lying lawyers and the CEO in another country will deny the proof proves what it clearly does prove.”

Neither are we surprised that Apple’s CEO Tim Cook now wants the FBI to tell Apple what the vulnerability is so Apple can fix it.

Good luck with that.

It is not up to the FBI to use taxpayer money to identify and exploit the vulnerability your whizbang engineers stated out of ignorance or intention didn’t exist, then reveal it to you so Apple can gain a significant advantage over competitors (not to mention wiping the substantial egg off Apple’s corporate face).

Neither is it up to the FBI to compromise what may be a very effective intelligence and counterintelligence tool which it or one of its contractors developed in response to Apple’s denial.

We suspect the FBI and the rest of the Intelligence Community will consider giving Apple what it wants pursuant to a still-evolving Vulnerabilities Equities Process, but only after the value of the information to others has perished.

Or maybe Tim Cook really is a 21st century skunk … ? After all, the skewspaper article didn’t identify the company which did the break in.

March 26, 2016

Lesson Learned?

Filed under: Probable Cause — Tags: , — Bill @ 6:50 am

Clinton 100OpacityWhat’s the lesson here?

August 2013 – US Army Private First Class Bradley [now Chelsea] Manning convicted and sentenced to 35 years in federal prison for leaking hundreds of thousands of classified documents to Wikileaks.

March 2016 – US Navy Captain Daniel Dusek convicted and sentenced to 46 months in federal prison “… for selling military secrets to an Asian defense contractor in exchange for prostitutes, stays at luxury hotel and other favors.”

March 2015 – US Army General and former CIA Director David Patraeus accepts a plea bargain and receives no jail time for leaking classified and codeword documents to his biographer – girl friend in return for sex.

January 20, 2017 – Former First Lady and Secretary of State Hillary Clinton inaugurated as 45th President of the United States after voters ignore her successful efforts to solicit millions of dollars in foreign financial contributions and her placement of classified and compartmented national security information on her illegal private email server where it could be accessed by foreign intelligence services and terrorist organizations.

March 22, 2016

It’s Just a Little Tweaking, Right Deb?

Filed under: Probable Cause — Bill @ 7:33 am

debconklinThe Spokane Police Ombudsman Commission seems to have a problem with its members.

First it was Coeur d’Alene’s own export, Rachel Dolezal.   Good ol’ Rach and two of her fellow commissioners were removed from the Ombudsman Commission in 2015 for abusing their authority.

Now in this morning’s Spokesman-Review skews paper article headlined Visa request of man picked to be Spokane police ombudsman denied, but commission hasn’t given up, we learn that provisional ombudsman selectee Raheel Humayun has been denied the expedited visa necessary for him to accept the job.  It seems the ombudsman job didn’t meet the requirements for an expedited visa.  (Didn’t the City of Cowlesville hire an immigration attorney to help him through the process to make sure that didn’t happen?)

But ne’er fear.  The current chairman of the Ombudsman Commission, Reverend Debra Conklin, has a workable solution:  Change some of the information provided by Humayun on his visa application, the one that was denied.  Or as the Cowles rag puts it:

Commission Chairwoman Deb Conklin suggested tweaking Humayun’s visa application and having him apply again at the Canadian border, an action recommended by an immigration attorney who has consulted with the commission. [emphasis ours]

Here’s the thing.  Visa appliction forms generally require the applicant to personally or digitally sign the application.  By signing, the applicant is certifying that he has read and understood the questions in the application and his answers are true and correct to the best of his knowledge and belief.   The applicant is also informed that the submission of an application containing false or misleading statements may result in the permanent refusal of a visa or the denial of entry into the United States.

OpenCdA does wonder what makes this Canadian citizen Raheel Humayun so indispensible to the Spokane Police Ombudsman Commission that its Chairman is encouraging him to “tweak” his visa application at the border?

March 18, 2016

Lucy’s Movin’ On …

Filed under: Probable Cause — Bill @ 4:33 pm

LucyJonesAfter 33 years with the US Geological Survey, the Cal-Tech Earthquake Lady is movin’ on.  On March 30, 2016, Dr. Lucy Jones will retire.  Well, not quite.

Today’s Los Angeles Times has a deservedly flattering story about her life including her personal and professional accomplishments.  It’s headlined The Earthquake Lady is leaving her job — to shake up how you think about climate change.  This is a story that every parent with a student in grade school or high school ought to read.  Then have your daughters, sons, and grandchildren read it.

When we put up our OpenCdA post entitled We Love Lucy! on February 21, 2016, we didn’t know Dr. Jones was contemplating retirement.  We’re thrilled and completely unsurprised that she’s taking on a new scientific challenge.  Her philosophy of science is, “What good is scientific knowledge if people don’t use it?”

One of Dr. Jones’ biggest challenges was to get citizens and officials to take earthquake preparedness seriously.  More broadly, her biggest challenge was to get officials to incorporate verified science into public policy formulation.

In her next career, Dr. Jones hopes to create a center that helps bridge the fault between science and public policy formation.  We can’t think of a better person and a more qualified scientist to do it than Dr. Lucy Jones.

Car Hacking – More Information

Filed under: Probable Cause — Bill @ 6:19 am

car-hacking-jeepOn Thursday, March 7, 2016, the National Highway Transportation Safety Administration (NHTSA) and the Federal Bureau of Investigation (FBI) jointly issued a public safety announcement entitled Motor Vehicles Increasingly Vulnerable to Remote Exploits.  This PSA is far more complete than the information-lite versions of it in various online articles.

OpenCdA thinks that another logical attack against automotive electronic systems will be the passive acquisition of measurement and signature intelligence (MASINT) from those automotive systems that now or soon will store information collected by the vehicle’s event data recorder, its onboard GPS and call-for-help systems (note the date on the linked article) as well as the operator’s personal biometric identifiers.

Car hacking is real, and it won’t be going away.

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