The Race for US/Asia-Pacific Alliances

Bayard & Holmes

~ Jay Holmes

On November 23, 2013, the People’s Republic of China declared its East China Sea Air Defense and Identification Zone, which asserted expanded territorial boundaries. The new zone includes international waters as well as areas claimed by both Japan and Taiwan as sovereign territories.

 

East China Sea Air Defense Identification Zone Image by Voice of America, public domain

East China Sea Air Defense Identification Zone
Image by Voice of America, public domain

 

The Senkaku Islands southwest of Okinawa are a part of this new territorial grab. The Senkakus are uninhabited, but they are astride international navigation routes used daily by Taiwan, Japan, South Korea, the US, and other nations. Japan, Taiwan, and South Korea refused to recognize China’s claim to them.

As part of the new Defense Zone, the People’s Republic of China wants all aircraft to report to Chinese controllers and obtain their permission to fly through. Since China declared this, the USA and Japan have responded by increasing military flights through the zone without complying with China’s request. This is their way of asserting their continued right to access international waters and airspace without having to submit to illegitimate Chinese authority.

It might seem counterproductive for China to encourage resistance and distrust from its important trading partners in and across the Pacific.

None of China’s Pacific neighbors, except its “allies” in North Korea, pose China with a national security threat. However, by declaring the new Defense Zone, other Pacific nations have been energized to increase their defense spending and to seek closer alliances with each other and with the US.

So why set up an annoying “Defense Zone” only to have it ignored by other Pacific nations? Did China miscalculate?

In my opinion, the People’s Republic of China anticipated the international reactions and accepted those costs in order to begin enacting a broader long-term strategy. China is not playing at politics for this week or this year, but rather it is focused on slowly achieving important goals during the next few decades. In that context, their feeble Defense Zone takes on a different meaning.

The Defense Zone does not keep the US and Japanese military planes away, and, in fact, it attracts more of them. But in the minds of communist government rulers, it has a value in the realm of psychological warfare.

For one thing, those rulers can ignore the outcome of their declaration and proclaim it a victory to their imprisoned citizens. In Japan or the US, that sort of thing would not play well, and it would most likely inspire criticism from citizens. However, we should never forget that for despotic regimes like China, the greatest psychological warfare battles must be fought at home.

Since extending its imaginary sovereignty over the Senkakus, China has increased its ongoing imperial claims by occupying some of the disputed Spratly Islands in the South China Sea.

The Spratly Islands range in size from “too small for people to comfortably inhabit” to “small wet tidal sand bars.” Both China and Taiwan claim sovereignty and exclusive rights over the entire South China Sea, including the Spratlys. These claims are absurd in the extreme, but communist China never shies away from absurdity in politics. (See US-Philippine Relations Hit Critical Threshold.)

The Spratlys are all closer to Vietnam, Malaysia, Brunei, and the Philippines than they are to China. In fact, in the Philippines, the sea area around the eastern Spratlys is referred to as the West Philippine Sea. When viewing a map of the Spratlys and their neighboring countries, it is easy enough to see how territorial claims for the Spratlys might be in dispute, but China is not in that neighborhood, so their claims are by far the least legitimate.

Because it expanded and militarized a few of the Spratly Islands, China claims that it now has exclusive territorial rights over the Spratlys. The United Nations rules – rules that China agreed to as a UN member nation – make it clear that occupation of artificially expanded reefs gives no right of territorial claims in the surrounding waters. However, the People’s Republic of China only recognizes rules and agreements when it suits its purpose. The Chinese rule has always has been, “We do whatever we can get away with.”

The impacts of the Chinese imperial ambitions in the Spratly Islands have been fairly predictable.

Important trade routes that include oil shipments to Japan, South Korea, Taiwan, the Philippines, and the US run through the waters around the Spratly Islands. Before reaching the Spratly Islands, a tanker journeying from the Indian Ocean to Japan, China, Philippines, etc., would have to navigate the narrow Straits of Malacca between Sumatra and the southern tip of the Malay Peninsula.

Freedom of passage through the Straits of Malacca is important to all Pacific nations, but they are China’s most critical vulnerability. If oil tankers did not traverse the Straits to China on a regular schedule, the Chinese economy would soon be paralyzed.

Since the impacts of the China’s South China Sea campaign were obvious to me, then I have to assume that they were also obvious to the Chinese, but again, they are playing for the long game. The short-term diplomatic and political repercussions are acceptable costs to the communist Chinese regime.

The most obvious impacts of the newly declared Defense Zone have been the shift toward cooperation with the US by nations such as Indonesia, Vietnam and Brunei, and a refocus on US relations in the Philippines and Taiwan.

From a US perspective, China’s expansionist strategy seems to require a clear and manageable response. The US government believes that the nations bordering the South China Sea should take reasonable steps to improve their military capabilities and their regional cooperation.

It’s all clear and simple when viewed from the Washington, D.C. universe. The situation is more complex when viewed from the shores of the SW Pacific nations.

Each of the Pacific nations has responded in its own unique way with its own unique goals and obstacles. Each of them wants to reshape its relationship with the US, and it is best that each be considered as a separate case. In our next installment, we will examine the evolving US-Philippine relationship.

Lt. Cmdr. Edward Lin Charged with Spying for China…And US Made It Easy

Bayard & Holmes

~ Jay Holmes

Once again, the US government has allowed your tax money and the nation’s security to be compromised in ridiculous fashion.

On Friday, April 8, 2016, the US Navy charged an active-duty maritime reconnaissance officer with passing US military secrets to a foreign government. The US Navy filed multiple charges, including espionage, against Lieutenant Commander Edward Lin during an Article 32 hearing in Norfolk, Virginia.

 

Lt. Cmdr. Edward Lin Image by US Naval Institute

Lt. Cmdr. Edward Lin
Image by US Naval Institute

 

Originally, the US Navy had not released the suspect’s name or the name of the country for which he (allegedly) spied because the Navy had designated the case as a “‘National Security Case.”

A “National Security Case,” according to the US military, is one which “ . . . to any serious degree, involves the compromise of a military or defense advantage over any foreign nation or terrorist group; involves an allegation of willful compromise of classified information, affects our military or defense capability to successfully resist hostile or destructive action, overt or covert; or involves an act of terrorism.”

The Navy explained that, “NCIS and FBI are still investigating the details of this case, and, therefore, we cannot provide any additional details at this time.” Since then, unidentified Navy officers have identified the accused as Lt. Cmdr. Lin and the beneficiary of Lin’s espionage work as Communist China.

You remember China? It’s that country that has been rapidly expanding its military and is claiming large areas of international waters as their national domain. Yes, that China.

Though redacted, the charging document describes a depressing story in which Lin transported secret information out of the country without permission and then lied about his whereabouts when he returned to duty. The charging documents allege that Lin successfully committed espionage twice and attempted espionage on three other occasions. Lin is currently in pre-trial confinement at the Naval Consolidated Brig in Chesapeake, Virginia.

Given that Lin had a high security clearance and served on E-P3E Aries II reconnaissance aircraft, he likely did tremendous damage to the US.

The technical and operational information that Lin was entrusted to safeguard constitutes an intelligence coup for Communist China. The reporting on this case will understandably focus on Lin’s access as an officer in the Commander, Patrol and Reconnaissance Group.

However, Lin had access to a whole other trove of treasure for China.

He served as the Congressional Liaison for the Assistant Secretary of the Navy for Finance Management and Comptroller from 2012 to 2014. In his position as liaison to Congress, Lin would have had access to a vast array of sensitive information from every part of the US Navy.

It would be easy to assume that Edward Lin went to great lengths to succeed at such a villainous subterfuge. He didn’t. It was all too easy, and anyone could do it.

Most of the outrage – all of which Lin and my beloved Navy deserve – will be directed toward Edward Lin. In my opinion, Lin is just one small aspect of a much larger problem that we should not continue to ignore.

How did the US Navy, the FBI, and the rest of the US government manage to miss Lin’s (alleged) spying for what was likely more than a decade?

In the case of the FBI, we can forgive them if their pathetically small counterintelligence efforts missed Lin. Given their lack of resources and minimal mandate, the only surprise from the FBI counterintelligence team would be if they ever actually stumble upon an espionage operation. I am not knocking the FBI agents tasked with counterintelligence. They are undoubtedly as well trained and dedicated as other FBI agents, but they simply lack the means to conduct anything like an effective counterintelligence operation.

As for the US Navy, the Department of Defense, the Executive Branch and the Legislative Branches, I am much less forgiving. For one thing, Lin was a Taiwanese-born Taiwanese citizen until he was 14 years old. I disagree with the current policy that allows foreign born naturalized citizens to so easily gain high security clearances. I’m sure it’s the more politically correct thing to do, but it’s an asinine policy.

This is not the first time that the United States has lavished secret information on a Taiwanese born “alleged” spy.

Refer to the Wen Ho Lee* case if you are uncertain of the wisdom of this policy. In any event the proof is in the pudding, or in this case, the proof is in the feast that Lin served up to hostile Communist China.

If Lin is indeed guilty, then he deserves a life sentence of hard labor at Leavenworth or some obscure distant location. Most of my cohorts in the US Military and the US Intelligence Community will likely disagree with me and would prefer for Lin to be executed.

I can’t agree to that because I don’t support the death penalty. All judicial proceedings depend on the integrity and wisdom of those involved in prosecutions, and I can’t ignore that people are not perfect. For example, the government that is prosecuting Lin is the same government that was stupid enough and careless enough to make it easy for Lin to rob the taxpayers blind and endanger our national security. We now know about Edward Lin, which begs a question . . . Who do we not know about?

Regardless of the outcome of Lin’s trial, we, as American citizens, should start demanding better security standards to protect our national security and the billions of dollars in technology that we are all financing. Until our politicians have reason to think that the public is paying attention to our pathetically poor security policies, they will have no motive to fix it.

I hope that all of our readers will look beyond Edward Lin and tell their Congressweasels and their White House to start acting like adults on issues of national security. Edward Lin, if guilty, is a dangerous criminal, but this is a democracy, and We the People allowed him to do what he did.

 *   *   *   *   *   *   *   *   *   *   *   *   *

* Note to Wen Ho Lee:  I am not the New York Times. Don’t dream of sending lawyers in my direction. You and I have met before. I meant what I said . . . Does your hand still hurt?

1-800-ZAPP-ASS: Shocking Politicians into Shape!

Bayard & Holmes

~Piper Bayard & Jay Holmes

Are you feeling abused by your political system? Disgusted with your presidential candidates, congressmen, and their yes men? Ready to move to Central America to find some semblance of organized government?

Fear not! Bayard & Holmes stand ever prepared to turn your problems into our opportunities. We are proud and excited to bring you our latest ingenious program calculated to lower your stress and increase your happiness.

We call it 1-800-ZAPP-ASS. Here’s how it works. . . .

 

Actual photo of Political Offender hit by 1-800-ZAPP-ASS

Actual photo of Political Offender
hit by 1-800-ZAPP-ASS

 

For a meager donation of $1.99, you can dial or text 1-800-ZAPP-ASS and deliver an electric shock to the Political Offender of your choice—congressmen, elected officials (no Executive Privilege applies), presidential candidates, or a fervent, annoying, neighborhood political party radical. You can even use this device to zapp some sense into social media ranters, or those college kids still young enough to know everything who come to our doors, clipboard in hand, and tell us how misguided we are in our political views.

All proceeds will go toward the Bayard & Holmes Charitable Foundation, benefitting loyal Americans (us) who don’t support any politicians or their self-serving political agendas. The Bayard & Holmes Charitable Foundation will then use that money to promote their Matching Funds Campaign Funding Reform.

Under our proposed system, all contributions to political parties and/or candidates would require matching funding to reputable veterans’ charities such as USA Cares and the Special Operations Warrior Foundation. That way, instead of politicos SAYING they support veterans during campaign seasons to garner votes, they could actually DO it.

 

Lt. Col. Greg Gadson, who lost both legs in an IED attack in Iraq in 2007, shares a moment with fellow artilleryman, Capt. David Evetts, commander of Battery D, 1st Battalion, 77th Field Artillery Regiment, at the Ledward Theater, Sept. 29.

Lt. Col. Greg Gadson, who lost both legs in an IED attack in Iraq in 2007, shares a moment with fellow artilleryman, Capt. David Evetts, commander of Battery D, 1st Battalion, 77th Field Artillery Regiment, at the Ledward Theater, Sept. 29.

 

Sound amazing? But wait! There’s more!

The top 12 most-zapped Political Offenders will win all expense paid vacations to Camp Cheerful Summer Camp for Adults in the beautiful blue Caribbean on the coast of Cuba.

Our highly trained Happiness Specialists will be waiting for your favorite Political Offenders with a very special fun activity designed just for them. We call it Politicalboarding.

 

Camp Cheerful Happiness Specialists at Play Image by US Marine Corps, public domain

Camp Cheerful Happiness Specialists at Play
Image by US Marine Corps, public domain

 

With Politicalboarding, the Political Offenders are restrained in a room together where they are subjected to each other’s company.

Then, they sit through 72 non-stop, fun-filled hours of Ted Cruz filibustering, Bernie Sanders teaching how to make your own organic, biodegradable cleaning products, Hillary Clinton explaining away her alleged Espionage Act violations, and Donald Trump preening in a mirror. The only interruptions will be diaper changes and electric shocks when their eyelids droop. After that, the Political Offenders will be forced to stand at attention until they have memorized each one of the over 2,500,000 words in the Obamacare statutes and regulations.

No worries! This is nothing like waterboarding. In fact, Political Offenders at Camp Cheerful aren’t even given water.

Once they can recite Obamacare like a Baptist Circuit Preacher quoting the Holy Bible at a tent revival, the Political Offenders will be treated to a sumptuous banquet of gluten-packed, dairy-packed, sugar-loaded, freeze dried, GMO whole wheat bread crust and a draught from the local sacred spring of Baca Podrida (translation “Rotting Cow”).

After their meal, the Political Offenders will be strapped to chairs and turned upside down in a dunking booth. Then, since Baseball is not only our religion but the All-American Sport, major league hopefuls will practice their throws. Just so you know, this isn’t waterboarding, either. It’s Strategic Dunking.

 

A well-disguised C.C. Sabathia showing how it's done. Image by Tim Evanson, wikimedia commons.

A well-disguised C.C. Sabathia showing how it’s done.
Image by Tim Evanson, wikimedia commons.

 

Text, phone, tweet, email, or FaceBook now and contribute your $1.99 to zapp politicians into action. Let’s remind these self-serving bozos who exempt themselves from everything from NSA spying to Obamacare that we have a special interest, too. We call it “America.”

 

 

Apple vs. FBI — What This Case Means for YOU

Bayard & Holmes

~ Piper Bayard & Jay Holmes

and

Guest Author & Information Security professional Chris Magill

The FBI wants Apple to rewrite code for iPhones in order to break into a phone used by one of the San Bernardino terrorists. Apple said no. They are now embroiled in a lawsuit.

On March 1, the FBI admitted exactly WHY it needs Apple’s help. The FBI was in the phone, with access to everything it needed. Then someone at the FBI changed the phone’s password. They forgot the password. Now, the FBI can’t get back in the phone.

In other words, the FBI is asking that it be allowed to gut the constitutional rights of every American in perpetuity because it made a sophomoric boo-boo.

This begs some questions . . .

1)  Why doesn’t the FBI just ask the NSA for the information?

The cat got out of the Snowden bag a few years ago that the NSA collects and stores every electronic communication that takes place in America, including and especially phone communications. Investigating the San Bernardino jihadis and their play pals is EXACTLY why the NSA collects and stores these communications. If the NSA can’t give the information to the FBI, they need to give US citizens a refund of the untold fortunes they have wasted on this data collection. (See Spooks Without Boundaries by Piper Bayard.)

2)  If the NSA for any reason can’t give the FBI the information it needs, why doesn’t the FBI ask Israel or one of the Five Eyes nations?

Again, thanks to the Snowden cat, it is public knowledge that the White House allows Israel and the Five Eyes nations (Canada, UK, NZ, Australia) access to the raw data that the NSA collects on Americans. If the NSA can’t give the FBI the info, we’re sure that for a few shekels, Israel would be happy to find it for them.

3)  What does this lawsuit mean for the American citizen?

To give you the best information possible, we have invited Information Security professional and privacy advocate Chris Magill to answer that question for us . . .

Internet bugs Canstock

Apple vs. the FBI: What This Case Means for YOU

By Chris Magill

Apple and the FBI are currently locked in a struggle over your right to privacy. The Federal government has asked the courts to require Apple to change its code to allow FBI agents to read protected data on an iPhone believed to belong to one of the San Bernardino attackers. It also wants this capability to be applied to all iPhones, even yours.

So, the question becomes should private citizens be allowed communications capabilities which cannot be read by the government?

By law, there already are communications which are protected from government eyes. For example, attorney-client privilege prevents the government from listening in on private conversations when discussing legal strategies. As Americans, we also have the protections of the right to Freedom of Speech and the right to Freedom of Assembly. Allowing government access to our phones without a warrant destroys these rights.

What is cryptography?

Cryptography is a mathematical operation that replaces plain text with scrambled characters that can only be correctly interpreted by someone who holds the secret “key.”

Cryptography has existed for thousands of years. It was a vital means of protecting communications during the Revolutionary War. Thomas Jefferson greatly improved cryptography after the founding of our country when he developed the Wheel Cipher while serving as George Washington’s Secretary of State. Yes, the United States once had a Secretary of State who understood the importance of cryptography. In the iPhone, the iMessage feature encrypts instant messages between recent iPhone versions, making it very difficult to be read by anyone other than the intended recipient, even with access to the device.

What is a backdoor?

A backdoor is an easy-to-decrypt method for governments to read content on devices that would otherwise be very difficult to access.

Think of it as though the Federal Government sought to require you to leave your patio door unlocked in case a police officer needs to access your living room during an investigation. Obviously this would be ridiculous. Only a tiny fraction of homes would ever need to be entered by police, yet everyone would be at risk from criminals entering the unsecured door. Backdoors are a dangerous idea for two reasons. First, they require a known weakness, which can then be exploited by hackers or online thieves. And second, backdoors enable government to bypass the judicial branch to spy on citizens in violation of our rights.

Aren’t bad guys protected by cryptography?

Yes, in the same way that bad guys are protected by the Constitution.

We have constitutional protections against unlawful search and seizure. These protections should also apply to the communications we share and the contents of our devices we rely on in our daily lives. The iPhone isn’t the strongest available way to pass secret messages. A determined adversary will find communications methods that can only be countered by diligent, labor-intensive traditional law enforcement and counterintelligence methods.

I haven’t broken the law, so I have nothing to hide. How does this affect me?

By the 1980s, the Justice Department estimated there were approximately 3,000 criminal offenses spanning more than 23,000 pages of Federal law. Even if you are the best attorney in the world, it’s unlikely you could even know for sure whether you’ve never violated any of them.

If the government decides to prosecute you, they have a huge arsenal of regulations to select from which you will have to defend against. Skilled cyber criminals, spies, and terrorist organizations already have access to encryption that is theoretically unbreakable. The bad guys don’t rely on commercial encryption products in consumer devices.

A government backdoor does not make you any safer from terrorism.

It does make it easier for governments to find and target those who disagree with them. This is a concern in modern day America. Ask any conservative group targeted by Lois Lerner’s IRS. With government access to a backdoor to your phone, finding people who have a differing political view becomes as simple as a Google search.

What else can happen if cryptography is compromised?

This has happened in the recent past. In 2011, Comodo was compromised by a nation state-affiliated hacker group.

Comodo is a registration authority that creates cryptographic certificates which tell your web browser the web sites you visit are who they claim to be. Fake certificates were created that enabled the government of Iran to intercept and read the personal emails of citizens using Gmail and Hotmail. We will likely never know how many Iranian dissidents were rounded up and imprisoned (or worse) as a result of this compromise. Weak encryption makes it easier for oppressive governments to spy on their own citizens and crush dissent. Weak cryptography is also a factor in most, if not all, data breaches. If your identity was stolen in any of the countless data breaches, such as Target, Home Depot, Experian, or OPM, you probably have weak or compromised cryptography to thank.

What next?

Governments have an insatiable appetite to know everything about their citizen’s activities, acquaintances, political views, and beliefs. They also have a desire to prevent citizens from having capabilities that are difficult for them to counter.

The Apple vs FBI case is not about terrorism or crime. This case is about control of the transfer of ideas.

You are the government. You select your representatives. They work for you. They derive their authority from you. You have the power to demand that they stop. Tell your representatives to block efforts to weaken freedom of speech by banning civilian access to strong encryption. Tell them to prevent the government from requiring tech companies to enable spying through commercial products.

Allowing the government to secretly spy on all Americans is the digital equivalent of book burning. Ideas that are found distasteful to whichever administration holds power can be sought out and banned, and those citizens with undesirable views targeted for retaliation or punishment. Far from protecting us from terrorists, such actions only serve to weaken our democracy.

Sources:

TechTarget: “A breach at a registration authority caused Comodo to issue nine fraudulent certificates, enabling an attacker to impersonate some major websites and servers.”

http://searchsecurity.techtarget.com/news/1529110/Comodo-warns-of-serious-SSL-certificate-breach

CNet: “Apple’s iMessage encryption trips up feds’ surveillancehttp://www.cnet.com/news/apples-imessage-encryption-trips-up-feds-surveillance/

Chris Magill is an Information Security professional and privacy advocate. When he isn’t helping companies manage their cryptographic systems and hunting down hackers, Chris enjoys spending time on his small ranch with his family in the Pacific Northwest chasing horses around. His LinkedIn profile is https://www.linkedin.com/in/cmagill