Australian civil servant accused of spying denied access to evidence
September 11, 2013
By IAN ALLEN | intelNews.org |
Australia’s Federal Court has rejected a bid by a senior civil servant to view the evidence the government is using to accuse him of espionage. Until September of 2011, Dr. Yeon Kim was a career civil servant with the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). His specialization in international trade policy required a security clearance, which Kim had possessed since 2001. But in 2011, he was sacked and had his security clearance revoked for allegedly holding clandestine meetings with officers of South Korea’s National Intelligence Service (NIS). The Australian government accuses Kim of meeting repeatedly with Hoo-Young Park, an employee of the South Korean embassy in Canberra, who had been declared to the Australian government as an NIS liaison officer. According to court documents, three other NIS officers serving under diplomatic cover in Australia, Bum-Yeon Lee, Sa-Yong Hong, and a third man named Kim, were involved in collecting intelligence on Australian trade secrets. The Australian Security Intelligence Organisation (ASIO), which detained Kim, said that he willingly participated in the “foreign interference” operation by the NIS. For several months now, Kim has been contesting the Australian government’s legal case against him in the Federal Court. His legal team recently requested that the Court annul two certificates issued by the Australian attorney general, designed to bar the defense from accessing evidence against Kim. The certificates were originally submitted by government prosecutors during an earlier Administrative Appeals Tribunal hearing. But the Court declined the request, saying the defense waited too long to challenge the certificates. In issuing the ruling, Justice Lindsay Foster said Kim’s legal team should have requested that the certificates be declined during the original hearing. The judge censured Kim’s defense lawyers for “stand[ing] by and watch[ing] while the certificates were [originally] deployed”, adding that it would undermine the integrity of the legal process to allow the certificates to be challenged at this late stage. Read more of this post

By JOSEPH FITSANAKIS | intelNews.org |
By IAN ALLEN | intelNews.org |












NSA gives Israel raw intercepts containing US citizens’ data
September 12, 2013 by Joseph Fitsanakis
The United States National Security Agency (NSA) shares raw intercepted data with Israeli intelligence without first deleting information pertaining to American citizens, according to a leaked document. British newspaper The Guardian published on Wednesday an informal memorandum of understanding between the NSA and the Israel SIGINT National Unit (ISNU). The five-page document was supplied to the newspaper by Edward Snowden, a technical contractor for the NSA who defected to Russia this past summer. It outlines an agreement reached in 2009 between the NSA and the ISNU, under which the American side provides the Israelis with raw intercepts, which often contain telephone and email data belonging to American citizens. The memorandum describes this type intelligence sharing as a “routine” aspect of a broader “SIGINT relationship between the two organizations”. SIGINT refers to signals intelligence, a term used in the intelligence community to describe the interception of communications data or content. Additionally, the document specifically mentions that the data shared with the Israelis is “raw” or “unminimized”, meaning it has not been subjected to the process of extracting and deleting information that identifies US citizens or residents —known as “US persons”. By law, the NSA is not permitted to spy on US persons and is required to ‘minimize’ intercepted data so that the communications of US persons remain private, unless they are absolutely indispensible in understanding a piece of foreign intelligence. The memorandum describes a number of restrictions on the use of this information by Israeli intelligence, stating that the ISNU is forbidden from using it in order to target US persons. It also states that the ISNU must shield the identities of US persons when sharing the information with other Israeli government agencies. Read more of this post
Filed under Expert news and commentary on intelligence, espionage, spies and spying Tagged with Edward Snowden, intelligence cooperation, Israel, Israel SIGINT National Unit, News, NSA, privacy, SIGINT, United States