Tag Archives: Edward Snowden

The Biggest Threats to Democracy

Edward_SnowdenHistory reminds us of those critical events that pose threats to us on various levels: to our well being at a narrow level and to the foundations of our democracies at a much broader level. And, most of these existential threats seem to come from the outside: wars, terrorism, ethnic cleansing.

But it’s not quite that simple — the biggest threats come not from external sources of evil, but from within us. Perhaps the two most significant are our apathy and paranoia. Taken together they erode our duty to protect our democracy, and hand over ever-increasing power to those who claim to protect us. Thus, before the Nazi machine enslaved huge portions of Europe, the citizens of Germany allowed it to gain power; before Al-Qaeda and Isis and their terrorist look-a-likes gained notoriety local conditions allowed these groups to flourish. We are all complicit in our inaction — driven by indifference or fear, or both.

Two timely events serve to remind us of the huge costs and consequences of our inaction from apathy and paranoia. One from the not too distant past, and the other portends our future. First, it is Victory in Europe (VE) day, the anniversary of the Allied win in WWII, on May 8, 1945. Many millions perished through the brutal policies of the Nazi ideology and its instrument, the Wehrmacht, and millions more subsequently perished in the fight to restore moral order. Much of Europe first ignored the growing threat of the national socialists. As the threat grew, Europe continued to contemplate appeasement. Only later, as true scale of atrocities became apparent did leaders realize that the threat needed to be tackled head-on.

Second, a federal appeals court in the United States ruled on May 7, 2015 that the National Security Agency’s collection of millions of phone records is illegal. This serves to remind us of the threat that our own governments pose to our fundamental freedoms under the promise of continued comfort and security. For those who truly care about the fragility of democracy this is a momentous and rightful ruling. It is all the more remarkable that since the calamitous events of September 11, 2001 few have challenged this governmental overreach into our private lives: our phone calls, our movements, our internet surfing habits, our credit card history. We have seen few public demonstrations and all too little ongoing debate. Indeed, only through the recent revelations by Edward Snowden did the debate even enter the media cycle. And, the debate is only just beginning.

Both of these events show that only we, the people who are fortunate enough to live within a democracy, can choose a path that strengthens our governmental institutions and balances these against our fundamental rights. By corollary we can choose a path that weakens our institutions too. One path requires engagement and action against those who use fear to make us conform. The other path, often easier, requires that we do nothing, accept the status quo, curl up in the comfort of our cocoons and give in to fear.

So this is why the appeals court ruling is so important. While only three in number, the judges have established that our government has been acting illegally, yet supposedly on our behalf. While the judges did not terminate the unlawful program, they pointedly requested the US Congress to debate and then define laws that would be narrower and less at odds with citizens’ constitutional rights. So, the courts have done us all a great favor. One can only hope that this opens the eyes, ears and mouths of the apathetic and fearful so that they continuously demand fair and considered action from their elected representatives. Only then can we begin to make inroads against the real and insidious threats to our democracy — our apathy and our fear. And perhaps, also, Mr.Snowden can take a small helping of solace.

From the Guardian:

The US court of appeals has ruled that the bulk collection of telephone metadata is unlawful, in a landmark decision that clears the way for a full legal challenge against the National Security Agency.

A panel of three federal judges for the second circuit overturned an earlier rulingthat the controversial surveillance practice first revealed to the US public by NSA whistleblower Edward Snowden in 2013 could not be subject to judicial review.

But the judges also waded into the charged and ongoing debate over the reauthorization of a key Patriot Act provision currently before US legislators. That provision, which the appeals court ruled the NSA program surpassed, will expire on 1 June amid gridlock in Washington on what to do about it.

The judges opted not to end the domestic bulk collection while Congress decides its fate, calling judicial inaction “a lesser intrusion” on privacy than at the time the case was initially argued.

“In light of the asserted national security interests at stake, we deem it prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape,” the judges ruled.

But they also sent a tacit warning to Senator Mitch McConnell, the Republican leader in the Senate who is pushing to re-authorize the provision, known as Section 215, without modification: “There will be time then to address appellants’ constitutional issues.”

“We hold that the text of section 215 cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program,” concluded their judgment.

“Such a monumental shift in our approach to combating terrorism requires a clearer signal from Congress than a recycling of oft?used language long held in similar contexts to mean something far narrower,” the judges added.

“We conclude that to allow the government to collect phone records only because they may become relevant to a possible authorized investigation in the future fails even the permissive ‘relevance’ test.

“We agree with appellants that the government’s argument is ‘irreconcilable with the statute’s plain text’.”

Read the entire story here.

Image: Edward Snowden. Courtesy of Wikipedia.

Good Job Mr.Snowden

Far from being a communist sympathizer and U.S. traitor, Edward Snowden has done the United States and the world a great service. Single-handedly he is responsible for some of the most important revelations concerning the inner machinations of the U.S. government, particularly its vast surveillance apparatus headed by the National Security Agency (NSA). Once held in high esteem by much of the world, for its openness and transparency, the continuing revelations now paint the United States as nothing more than a paranoid, security state akin to the ex-Soviet Union.

Mr.Snowden, your life for the foreseeable future is likely to be hellish, but may you sleep soundly in the knowledge that you have helped open our eyes to the egregious actions of a country many no longer trust.

From the Guardian:

The National Security Agency monitored the phone conversations of 35 world leaders after being given the numbers by an official in another US government department, according to a classified document provided by whistleblower Edward Snowden.

The confidential memo reveals that the NSA encourages senior officials in its “customer” departments, such the White House, State and the Pentagon, to share their “Rolodexes” so the agency can add the phone numbers of leading foreign politicians to their surveillance systems.

The document notes that one unnamed US official handed over 200 numbers, including those of the 35 world leaders, none of whom is named. These were immediately “tasked” for monitoring by the NSA.

The revelation is set to add to mounting diplomatic tensions between the US and its allies, after the German chancellor Angela Merkel on Wednesday accused the US of tapping her mobile phone.

After Merkel’s allegations became public, White House press secretary Jay Carney issued a statement that said the US “is not monitoring and will not monitor” the German chancellor’s communications. But that failed to quell the row, as officials in Berlin quickly pointed out that the US did not deny monitoring the phone in the past.

The NSA memo obtained by the Guardian suggests that such surveillance was not isolated, as the agency routinely monitors the phone numbers of world leaders – and even asks for the assistance of other US officials to do so.

The memo, dated October 2006 and which was issued to staff in the agency’s Signals Intelligence Directorate (SID), was titled “Customers Can Help SID Obtain Targetable Phone Numbers”.

It begins by setting out an example of how US officials who mixed with world leaders and politicians could help agency surveillance.

“In one recent case,” the memo notes, “a US official provided NSA with 200 phone numbers to 35 world leaders … Despite the fact that the majority is probably available via open source, the PCs [intelligence production centers] have noted 43 previously unknown phone numbers. These numbers plus several others have been tasked.”

The document continues by saying the new phone numbers had helped the agency discover still more new contact details to add to their monitoring: “These numbers have provided lead information to other numbers that have subsequently been tasked.”

But the memo acknowledges that eavesdropping on the numbers had produced “little reportable intelligence”. In the wake of the Merkel row, the US is facing growing international criticism that any intelligence benefit from spying on friendly governments is far outweighed by the potential diplomatic damage.

The memo then asks analysts to think about any customers they currently serve who might similarly be happy to turn over details of their contacts.

“This success leads S2 [signals intelligence] to wonder if there are NSA liaisons whose supported customers may be willing to share their ‘Rolodexes’ or phone lists with NSA as potential sources of intelligence,” it states. “S2 welcomes such information!”

The document suggests that sometimes these offers come unsolicited, with US “customers” spontaneously offering the agency access to their overseas networks.

“From time to time, SID is offered access to the personal contact databases of US officials,” it states. “Such ‘Rolodexes’ may contain contact information for foreign political or military leaders, to include direct line, fax, residence and cellular numbers.”

The Guardian approached the Obama administration for comment on the latest document. Officials declined to respond directly to the new material, instead referring to comments delivered by Carney at Thursday’s daily briefing.

Carney told reporters: “The [NSA] revelations have clearly caused tension in our relationships with some countries, and we are dealing with that through diplomatic channels.

“These are very important relations both economically and for our security, and we will work to maintain the closest possible ties.”

The public accusation of spying on Merkel adds to mounting political tensions in Europe about the scope of US surveillance on the governments of its allies, after a cascade of backlashes and apologetic phone calls with leaders across the continent over the course of the week.

Asked on Wednesday evening if the NSA had in the past tracked the German chancellor’s communications, Caitlin Hayden, the White House’s National Security Council spokeswoman, said: “The United States is not monitoring and will not monitor the communications of Chancellor Merkel. Beyond that, I’m not in a position to comment publicly on every specific alleged intelligence activity.”

At the daily briefing on Thursday, Carney again refused to answer repeated questions about whether the US had spied on Merkel’s calls in the past.

The NSA memo seen by the Guardian was written halfway through George W Bush’s second term, when Condoleezza Rice was secretary of state and Donald Rumsfeld was in his final months as defence secretary.

Merkel, who, according to Reuters, suspected the surveillance after finding her mobile phone number written on a US document, is said to have called for US surveillance to be placed on a new legal footing during a phone call to President Obama.

“The [German] federal government, as a close ally and partner of the US, expects in the future a clear contractual basis for the activity of the services and their co-operation,” she told the president.

Read the entire article here.

Innocent Until Proven Guilty, But Always Under Suspicion

It is strange to see the reaction to a remarkable disclosure such as that by the leaker / whistleblower Edward Snowden about the National Security Agency (NSA) peering into all our daily, digital lives. One strange reaction comes from the political left: the left desires a broad and activist government, ready to protect us all, but decries the NSA’s snooping. Another odd reaction comes from the political right: the right wants government out of people’s lives, but yet embraces the idea that the NSA should be looking for virtual skeletons inside people’s digital closets.

But let’s humanize this for a second. Somewhere inside the bowels of the NSA there is (or was) a person, or a small group of people, who actively determines what to look for in your digital communications trail. This person sets some parameters in a computer program and the technology does the rest, sifting through vast mountains of data looking for matches and patterns. Perhaps today that filter may have been set to contain certain permutations of data: zone of originating call, region of the recipient, keywords or code words embedded in the data traffic. However, tomorrow a rather zealous NSA employee may well set the filter to look for different items: keywords highlighting a particular political affiliation, preference for certain TV shows or bars, likes and dislikes of certain foods or celebrities.

We have begun the slide down a very dangerous, slippery slope that imperils our core civil liberties. The First Amendment protects our speech and assembly, but now we know that someone or some group may be evaluating the quality of that speech and determining a course of action if they disagree or if they find us assembling with others with whom they disagree. The Fourth Amendment prohibits unreasonable search — well, it looks like this one is falling by the wayside in light of the NSA program. We presume the secret FISA court, overseeing the secret program determines in secret what may or may not be deemed “reasonable”.

Regardless of Edward Snowden’s motivations (and his girl friend’s reaction), this event raises extremely serious issues that citizens must contemplate and openly discuss. It raises questions about the exercise of power, about government overreach and about the appropriate balance between security and privacy. It also raises questions about due process and about the long held right that presumes us to be innocent first and above all else. It raises a fundamental question about U.S. law and the Constitution and to whom it does and does not apply.

The day before the PRISM program exploded in the national consciousness only a handful of people — in secret — were determining answers to these constitutional and societal questions. Now, thanks to Mr.Snowden we can all participate in that debate, and rightly so — while being watched of course.

From Slate:

Every April, I try to wade through mounds of paperwork to file my taxes. Like most Americans, I’m trying to follow the law and pay all of the taxes that I owe without getting screwed in the process. I try and make sure that every donation I made is backed by proof, every deduction is backed by logic and documentation that I’ll be able to make sense of seven years. Because, like many Americans, I completely and utterly dread the idea of being audited. Not because I’ve done anything wrong, but the exact opposite. I know that I’m filing my taxes to the best of my ability and yet, I also know that if I became a target of interest from the IRS, they’d inevitably find some checkbox I forgot to check or some subtle miscalculation that I didn’t see. And so what makes an audit intimidating and scary is not because I have something to hide but because proving oneself to be innocent takes time, money, effort, and emotional grit.

Sadly, I’m getting to experience this right now as Massachusetts refuses to believe that I moved to New York mid-last-year. It’s mind-blowing how hard it is to summon up the paperwork that “proves” to them that I’m telling the truth. When it was discovered that Verizon (and presumably other carriers) was giving metadata to government officials, my first thought was: Wouldn’t it be nice if the government would use that metadata to actually confirm that I was in NYC, not Massachusetts? But that’s the funny thing about how data is used by our current government. It’s used to create suspicion, not to confirm innocence.

The frameworks of “innocent until proven guilty” and “guilty beyond a reasonable doubt” are really, really important to civil liberties, even if they mean that some criminals get away. These frameworks put the burden on the powerful entity to prove that someone has done something wrong. Because it’s actually pretty easy to generate suspicion, even when someone is wholly innocent. And still, even with this protection, innocent people are sentenced to jail and even given the death penalty. Because if someone has a vested interest in you being guilty, it’s not impossible to paint that portrait, especially if you have enough data.

It’s disturbing to me how often I watch as someone’s likeness is constructed in ways that contorts the image of who they are. This doesn’t require a high-stakes political issue. This is playground stuff. In the world of bullying, I’m astonished at how often schools misinterpret situations and activities to construct narratives of perpetrators and victims. Teens get really frustrated when they’re positioned as perpetrators, especially when they feel as though they’ve done nothing wrong. Once the stakes get higher, all hell breaks loose. In Sticks and Stones, Slate senior editor Emily Bazelon details how media and legal involvement in bullying cases means that they often spin out of control, such as they did in South Hadley. I’m still bothered by the conviction of Dharun Ravi in the highly publicized death of Tyler Clementi. What happens when people are tarred and feathered as symbols for being imperfect?

Of course, it’s not just one’s own actions that can be used against one’s likeness. Guilt-through-association is a popular American pastime. Remember how the media used Billy Carter to embarrass Jimmy Carter? Of course, it doesn’t take the media or require an election cycle for these connections to be made. Throughout school, my little brother had to bear the brunt of teachers who despised me because I was a rather rebellious student. So when the Boston Marathon bombing occurred, it didn’t surprise me that the media went hogwild looking for any connection to the suspects. Over and over again, I watched as the media took friendships and song lyrics out of context to try to cast the suspects as devils. By all accounts, it looks as though the brothers are guilty of what they are accused of, but that doesn’t make their friends and other siblings evil or justify the media’s decision to portray the whole lot in such a negative light.

So where does this get us? People often feel immune from state surveillance because they’ve done nothing wrong. This rhetoric is perpetuated on American TV. And yet the same media who tells them they have nothing to fear will turn on them if they happen to be in close contact with someone who is of interest to—or if they themselves are the subject of—state interest. And it’s not just about now, but it’s about always.

And here’s where the implications are particularly devastating when we think about how inequality, racism, and religious intolerance play out. As a society, we generate suspicion of others who aren’t like us, particularly when we believe that we’re always under threat from some outside force. And so the more that we live in doubt of other people’s innocence, the more that we will self-segregate. And if we’re likely to believe that people who aren’t like us are inherently suspect, we won’t try to bridge those gaps. This creates societal ruptures and undermines any ability to create a meaningful republic. And it reinforces any desire to spy on the “other” in the hopes of finding something that justifies such an approach. But, like I said, it doesn’t take much to make someone appear suspect.

Read the entire article here.

Image: U.S. Constitution. Courtesy of Wikipedia.