Monthly Archives: March 2014

Surveillance state (cont): FISA courts fail to check Executive

by Christopher B. Daly 

“Experience has shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”
― Thomas Jefferson

So it goes. As Jefferson warned us, the nature of power is to be aggressive, to try always to expand rather than to contract or even to abide. Today brings a fresh revelation about the FISA Courts and the Executive Branch. Thanks to Charlie Savage and Laura Poitras of the New York Times, we now know what some of us have long assumed — that U.S.  intelligence agencies have steadily expanded their powers to spy on Americans and have run through, around, top-secret-stampand over the few legal restraints put on them by Congress. Working with a new batch of documents leaked by Edward Snowden from the NSA, the journalists focus on steps taken in secret by the George W. Bush administration, with the compliance of the secret(ive) FISA Court, to respond to the attacks of 9/11 by expanding the powers of the surveillance agencies. From the Times:

Previously, with narrow exceptions, an intelligence agency was permitted to disseminate information gathered from court-approved wiretaps only after deleting irrelevant private details and masking the names of innocent Americans who came into contact with a terrorism suspect. The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.

Obviously, there is a challenge here to the Congress: since the executive and judicial branches won’t stop this, the legislative branch must do something to rein in the surveillance state.

I would feel more optimistic about the chances of that happening if it weren’t for the “Spy v. Spy” drama playing out right now between the Senate Intelligence Committee and the CIA. Briefly, the committee thought it would be a good idea to look into the years of torture carried out by the CIA. The agency would have none of that, so it set up an operation that not only spied on the congressional committee’s staffers but engaged in a bit of cyberwarfare by hacking into the committee’s computers and deleting material. Has there ever been a more rogue operation? [Not only that: the CIA, which shows no respect for the rule of law, then had the chutzpah to refer the matter to the Justice Dept. to prosecute the Senate staffers involved. Now, that shows that someone at the agency at least has a sense of humor. Sheesh.]

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Filed under Journalism, New York Times, Politics, President Obama, surveillance, Uncategorized

Surveillance State (cont): Snowden: Why build a big haystack?

By Christopher B. Daly 

Edward Snowden, the former NSA contractor who divulged the secret surveillance that the agency conducts on innocent American civilians, made a good point in his recent “public appearance.” Still stuck in Russia, Snowden imgres3spoke to the SxSW conference, via teleconference, thanks to multiple encrypted relays to disguise his actual location.

The Times chose to put its story in the Business section (which was unfortunate, I think) on the apparent grounds that Snowden’s big pitch was aimed at U.S. tech and social-media companies, telling them that they need to step up their privacy. They already knew that, so I am not sure what the news value was there.

Of greater interest was the theme developed by the Washington Post’s Ellen Nakashima. She emphasized Snowden’s view that the NSA is so swamped with big data from its indiscriminate surveillance that it is not doing a very good job of tracking individual bad guys (which is, after all, what we want them to do).

‘‘We’ve actually had a tremendous intelligence failure because . . . we’re monitoring everybody’s communications instead of suspects’ communications’’ — a situation, he asserts, that has ‘‘caused us to miss’’ intelligence.

Come to think of it, for all the money that we spend on the intelligence community as a whole, and for all the compromises we make with the Constitution and our liberties, how great is the return? Where are the answers to these questions:

–Did anyone know that Putin would seize Crimea? Did anyone tell President Obama?

–Did anyone predict the Boston Marathon bombing?

–Did anyone predict the uprising that toppled Mubarak in Egypt?

–Can anyone tell us how to get rid of Assad in Syria?

–Did anyone know what was coming in Benghazi?

–What about 9/11? What about the fall of the Berlin Wall?

Basically, we need to ask: why do all the big, important things seem to come as such a surprise (to our presidents as well as to the average informed citizen)?

Whenever you don’t find something, doesn’t that tell you that you’re looking in the wrong places?

 

 

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Filed under Journalism, New York Times, Politics, President Obama, surveillance

Gabriel Garcia Marquez: What he learned from journalism

By Christopher B. Daly 

Happy birthday to Gabriel Jose de la Concordia Garcia Marquez!images

The Nobel Prize-winning Colombian novelist turns 87 today.

Here’s a quotation that puts his career in perspective:

“I’ve always been convinced that my true profession is that of journalist.”

“I learned a lot from James Joyce and Erskine Caldwell and of course from Hemingway … [but the] tricks you need to transform something which appears fantastic, unbelievable, into something plausible, credible, those I learned from journalism. The key is to tell it straight. It is done by reporters and by country folk.”

He worked for a newspaper in Bogotá for many years, writing at least three stories a week, as well as movie reviews and several editorial notes each week. Then, when everyone had gone home for the day, he would stay in the newsroom and write his fiction.

“I liked the noise of the Linotype machines, which sounded like rain. If they stopped, and I was left in silence, I wouldn’t be able to work.”

Who hears the rainy clatter of a Linotype machine any more?

 September 1942. "Linotype operators in composing room of the New York Times newspaper." These machines cast lines of type (Linotype) from molten lead prior to their assembly by compositors into the printing plates that go on the presses. Photo by Marjory Collins for the Office of War Information.

September 1942. “Linotype operators in composing room of the New York Times newspaper.” These machines cast lines of type (Linotype) from molten lead prior to their assembly by compositors into the printing plates that go on the presses. Photo by Marjory Collins for the Office of War Information.

 

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Filed under Journalism, journalism history

Money & Politics: spending is not the same as speaking

By Christopher B. Daly

Today’s report about the influence of money in politics is the inevitable progeny of the 2010 Citizens United ruling. One of the worst parts of that ruling was the deep misconception at the heart of it: that spending money equals political speech. That flies in the face of common sense, human experience, and two centuries of constitutional interpretation. But we seem to be stuck with it, at least for now.

Today’s story in the Times also carries a whiff of “false equivalence,” because for every liberal zillionaire like Tom Steyer, there are probably dozens of conservatives like the Kochs. They are all seeking unaccountable ways to give unlimited amounts of money to shape our politics. It’s wrong, and we will regret it. Let these same people give all the speeches their throats can make. Let them write all the essays, pamphlets, and letters they like. As citizens, each of us is entitled to use our voices to persuade the others. But having a hundred million dollars does not make any citizen more virtuous, more patriotic, or wiser. It just makes you louder.

Spending ≠ speaking.

 

 

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