Tag Archives: Snowden

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?

 

 

Leave a comment

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

Surveillance state: What Obama should have said about NSA

By Christopher B. Daly

President Obama had an opportunity today to say (and thereby do) something meaningful about reining in the surveillance state and re-asserting the Constitution. Disappointingly, he whiffed. 

Here’s what I think he should have said:

1. First and foremost, he should have said, I’m sorry. He should have expressed regret that since taking office, he has fallen under the spell of all the people in the Pentagon and White House whose job it is to tell goblin stories every day to the president. He showed far more common sense when he was a private citizen and even as a U.S. senator than he has been showing since he began starting each day listening to the presidential Daily Briefing, which is basically a  serial horror story told by the surveillance/security apparatus.

2. He should have made a pledge. He should have said that if you are a U.S. citizen living in the United States and you are not a suspect in a crime, then you have an absolute right to be left alone. The government has no business spying on you. He could have quoted the Fourth Amendment of the Bill of Rights, which says, in part:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, 

He could have explained that in a modern context, your house means not only your literal house but also your apartment and your office and your motor vehicle. Cops and spies cannot enter those places without your leave. Extracting information from me without my permission outside of a criminal investigation is, on the face of it, an unreasonable search.

3. He should have added, If you are a U.S. citizen who is not suspected in a crime, then you have the right to be left alone not just by the NSA but by the whole government — the NSA, the CIA, the FBI, the IRS, the DOJ, the DEA, your state police, everybody.

4. He should have announced a policy that needs no Congressional approval: No more secret policies about secrets. He should have handed out copies of his administration’s legal memorandum laying out its constitutional rationale for its current practices. He should have said (as he did) that we cannot just get out of the spy business. We have legitimate reasons for spying on other countries and on terrorists. And we will need to keep the operational details of those operations secret. That’s obvious, and I know of no one who disagrees. But the president should have gone further and said, Under the Constitution, any president needs to go to Congress and say, in a general way, Here’s what we need to do … here’s why … here’s how much it will cost. Please vote for it.

5. He should have said that if you are a U.S. citizen who is suspected of a crime, you have an array of legal protections under the Constitution, under state and federal laws, and under case law, and we have no intention of messing with those.

6. If you are not a U.S. citizen, you’re on your own.

7. If you are a terrorist, watch your back.

In short, he should have said: Under our precious Constitution, the government should be transparent to the people, and the people should be opaque to the government.

Instead, he cherry-picked incidents from U.S. history to try to establish the idea that massive secret spying on law-abiding Americans in peacetime is somehow normal. He made it clear that he thinks no one did anything wrong (including Clapper, who blatantly lied to Congress under oath) except for Edward Snowden. And he offered some half-measures and said on anything difficult I am either going to punt or send it to a committee. Disappointing.

Here are other takes, by Jeffrey Rosen and Geoffrey Stone and John Cassidy.

Here’s the president’s text. You decide.

 

 

1 Comment

Filed under Obama, Politics, President Obama, surveillance

Surveillance State: An old-school leak of FBI docs

By Christopher B. Daly

History keeps happening.

Thanks to a new book by former Washington Post journalist Betty Medsger called The Burglary, 51HydAvzamL._AA160_Americans can now see another example of principled, patriotic, non-violent dissenters who made America a better place by risking jail to bring important truths to light. The New York Times has a good story today about it, including a terrific video. More is at NPR.

To set the scene:

–It was a time in American history when we were fighting an undeclared war halfway around the world.

–We were fighting against people whose history, culture, and language we did not understand.

–We could not tell friend from foe.

–With each passing year, the insurgency grew stronger and we never managed to “pacify” any territory.

–American citizens tried to stop the war and were castigated as disloyal, unpatriotic.

–The government engaged in a secret, illegal campaign to find and crush people it considered terrorists.

The year was 1971, at the height of the American war in Vietnam, not 2003 or 2004, at the height of the U.S. “war on terror.” (Instead of al Qaeda, the FBI was targeting domestic “terrorists” like the Weathermen and the Black Panthers) After years of peaceful protests, a small group of anti-war activists decided to try a new tactic: break into an FBI office, remove the files, and divulge the secret contents to the news media.

Here is a template for national security leakers. The break-in described in the new book took place in the Philadelphia suburb of Media, Pa., on March 8, 1971. That very same week, Daniel Ellsberg made his first contact with New York Times reporter Neil Sheehan to discuss divulging the massive secret files that became known as the Pentagon Papers. In both cases, people who found that they could not change policy through normal politics and who could not legally blow the whistle on wrongdoing decided to go outside the law — risking prosecution and jail — in the hope that disclosing secrets would lead to a desirable change.

The comparisons to Edward Snowden are obvious. As a contract employee for the NSA, Snowden learned that the government has built a vast spying operation since 9/11/01 that includes secret top-secret-stampsurveillance of millions of law-abiding Americans in peacetime and that officials hid and lied about.

The anti-war burglars in the Media FBI break-in hurt no one and did almost no property damage (they had to jimmy a lock to get in). As a result of their disclosures, no one died and the sky did not fall. Instead, the disclosures added fuel to the anti-war movement and provided vital clues to the wider disclosures that led to the Church Committee investigation and reforms.

In the Media break-in, the only apparent crime was simple burglary, and the statute of limitations expired long ago. So, there is no question of penalties as these American heroes emerge from the shadows.

 

 

 

 

Leave a comment

Filed under Journalism, journalism history, leaks, media, surveillance

Surveillance state: NSA reforms driven by Snowden (and Greenwald)

By Christopher B. Daly 

This may be obvious, but I think it bears repeating:

Absent journalists (and their sources, of course), President Obama would not have appointed a task force on the NSA, he would not have welcomed a debate over surveillance, and he would not be forced to consider reforms. From today’s Times:

While few in the White House want to admit as much in public, none of this would have happened without the revelations by Edward J. Snowden, the former N.S.A. contractor now in asylum in Russia. While Mr. Obama has said he welcomes the debate about the top-secret-stampproper limits on the N.S.A., it is not one he engaged in publicly until the Snowden revelations began. Now the president has little choice — this week alone a constellation of forces is pushing for change: A federal judge called the bulk-collection program “almost Orwellian,” while some in Congress, many of his allies and Silicon Valley executives demanded change.

So, let’s give thanks to Edward Snowden and Glenn Greenwald for enabling us to act as citizens of a free country. In the end, Americans may decide that they like being spied on. If they do, I will still disagree, but I will say, So be it. What I cannot abide is the grasping for power that goes beyond the constitution, American laws, and common sense.

 

1 Comment

Filed under New York Times, President Obama, surveillance

Surveillance roundup

[NSA Out]*

*Now, there’s some metadata for you. Back in the day when I worked for the Associated Press, we had to “slug” our material with various directives, indicating who had access to the material and whether users were free to use another news agencies photos or had to use AP photos. We often labeled our “content” with warnings like the one above. I only wish I could label all my emails with a warning to the NSA to leave them alone. Until then, I am looking for a user-friendly encryption system. If you use one that you recommend, please leave a comment below. If you are from the NSA, stop reading NOW.

–If true, this statement from Edward Snowden is important, because it would have a direct bearing on his possible guilt under the Espionage Act.

–If sincere, this statement from a former judge on the super-secret secrecy court is interesting. Like Obama, this guy now welcomes a debate over our policy on secrecy (which was supposed to remain secret, thus preventing the very debate he now welcomes).

–If it weren’t laughable, this story about our allies would be poignant. [“I’m shocked, shocked, to find out that spying is going on here, Rick.”]

BTW, do you have clearance to read this? 

imgres3

If not, report yourself to the NSA immediately. Or to one of our allies. Or just wait and let your ISP or telecom company rat you out. 

1 Comment

Filed under broadcasting, First Amendment, Journalism, leaks, Supreme Court, Uncategorized

It’s raining leaks!

By Christopher B. Daly 

imgres3Today’s news brings a very curious twist on the theme of national-security leaks. This time, the suspected leaker is not a low-level functionary like Bradley Manning or Edward Snowden but a high-ranking military official — in fact, the former No. 2 in the entire military command structure. According to a report first broken by NBC News, retired Marine Gen. James E. “Hoss” Cartwright is under investigation in connection with the leak of classified information about American cyberattacks against Iran, intended to disable or slow down Iran’s program to build a nuclear weapon. (The coverage in today’s NYTimes is rather circumspect, which makes sense, considering that the Times was the recipient of the leak. The paper quotes NYT executive editor Jill Abramson saying she doesn’t discuss such things.)

I wonder if Cartwright’s rank will make any difference here. After all, he’s not some some “29-year-old hacker,” — as President Obama pooh-poohed Snowden on Thursday, while adroitly trying to keep the Snowden/NSA leak from screwing up great-power relations with China and Russia. (Funny thing: at other times, Obama is quite willing to characterize Snowden as a threat to our very existence. Also, an update: Snowden turned 30 last week.)

Back to Cartwright. Far from being a hacker, Cartwright, who was named vice chairman of the Joint Chiefs by President28stuxnet1-img-articleInline Bush and who served under Obama as well, was at the epicenter of the military/national security power structure. I wonder how the top brass and the national-security establishment feel about leaks now, when one apparently came from one of their own. Where’s the outrage? Will we be seeing Sens. McCain and Graham or former veep Cheney going on Sunday TV talk shows demanding his head?

We might also ask: Why would Hoss Cartwright do such a thing? He’s not commenting, but we can just imagine. Maybe he wanted to see the U.S. get credit for “doing something” about the Iranian threat. Maybe he wanted to let Americans know that we had the technical means to mess up their weapons program without having to attack or invade Iran by conventional means. Maybe he was ordered to make the leak by someone who out-ranked him (perhaps the Chair of the Joint Chiefs, or the National Security Adviser, or the Secretary of Defense, or the President himself?)

The Washington Post, after pointing out that the cyberattack on Iran included a computer virus named Stuxnet and was part of a broader program code-named “Olympic Games,” adds this tantalizing hint:

Cartwright, who helped launch that campaign under President Bush and pushed for its escalation under Obama. . .

Maybe Cartwright thought his favored program was threatened in some way by someone else in the national security apparatus.

As I have long maintained, the reaction to leaking is very much in the eye of the beholder. If the leaker is powerful enough, the act of leaking is not a crime but just politics by another means.

For the record: As far as we know, Cartwright would be the eighth target of an Espionage Act investigation undertaken in the Obama administration’s record-breaking campaign to punish leakers.

Speaking of cyberattacks, U.S. officials seems to be scrambling to find a path through this 28cyber1-img-popuppolicy thicket. On the one hand, Joint Chiefs Chairman Martin Dempsey is hurrying to write new rules for warfare in cyberspace, according to another article in today’s NYTimes. (Don’t hold your breath waiting to participate in this process yourself: any such rules are classified. So there!) Here’s the takeaway:

[Dempsey] said that, globally, new regulations were needed to govern actions by the world community in cyberspace. He said that the Chinese did not believe that hacking American systems violated any rules, since no rules existed.

And, finally, for an example of what’s at stake in terms of commerce, today’s Boston Globe has an eye-popping story about how the Chinese allegedly steal commercial secrets. If you thought they just stole plans for making plastic tschotschkes, think again. This one involved the design for wind turbines, which the Chinese had the nerve to sell back to us!

It’s enough to make the head spin. How am I supposed to keep up with the Whitey Bulger trial, the Hernandez case, or the trade of both Paul Pierce and Kevin Garnett to the Brooklyn Nets????

p.s. For a fun and puzzling exercise in mind-games, go to the NYT homepage and enter the term “stuxnet” in the search box. If you can figure out the results, please explain in a comment below. 

1 Comment

Filed under Journalism, journalism history, leaks, media, New York Times, Obama, Politics, President Obama, Wikileaks

Monday morning roundup

Odds & Ends:

–Here’s David Carr on the “British invasion” of the high end of American media. (Why don’t they ever try to take our unpaid internships and crummy starting jobs?)

–Here’s the Times’ attempt to keep with Edward Snowden. What I found remarkable about this story — which was, after all, quite inconclusive — was the combined throw-weight of the team of reporters. In addition to the triple byline, I count seven more bylines in the credit line at the bottom. That’s 10 reporters on three continents, not to mention interns, news aides, editors, photographers, and photo editors. Take that, HuffPo!

–Here’s a Times feature on the antiquated ways of SCOTUS. These are not merely quaint. I believe they are snubbing their noses at all the rest of us, because they can. They are among the most unaccountable holders of power in the country. Perhaps an occasional impeachment (yes, it can be done and has been) would get their attention.

 

 

 

2 Comments

Filed under Uncategorized