Tag: surveillance

President Barack Obama once again fell short of taking any meaningful action on reining in the NSA surveillance programs or assuring that American’s right to privacy under the Fourth Amendment be protected. He made one of his predictable speeches that attempted to placate both critics and defenders, failing to actually do anything significant, all the while lecturing the public on history and expressing his offense that anyone would think that he had done an inadequate job or had enabled surveillance state policies. FDL’s Kevin Gosztola contrasted today’s speech with NSA director Gen. Keith Alexander’s statements to Congress and his inaugural address last year:

The narrative that Obama promoted in the part of his speech building up to announcement of reforms was starkly similar to what NSA director Gen. Keith Alexander has said when addressing members of Congress at hearings held in the aftermath of Snowden’s first disclosures. The narrative he used should make Americans even more skeptical of how substantive the changes to surveillance will be. [..]

One might remember that just about one year ago Obama gave an inaugural speech after his re-election where he said a “decade of war is now ending” and later described how Americans believe there is no need for “perpetual war.” But the very premise of Obama’s speech involved a demand to recognize the value of militarized surveillance and this militarization keeps the US on a permanent war footing putting civil liberties of Americans at risk so long as this footing is maintained.

Since there were such low expectations, Mike Masnick at Techdirt thought the announced reforms were more significant than expected but stopped short of fixing the actual problems:

• A judge will have to approve each query for data on the metadata collection from Section 215 of the PATRIOT Act.
• The “three hop” dragnet will be reduced down to two hops. That does, in fact, limit how far the NSA can search by quite a bit. That last hop is quite big.
• The NSA should no longer hold all of the data, meaning that the telcos will be expected to hold onto it (though, he leaves it up to Congress and the DOJ to figure out how to do this). He calls this a “transition” away from the Section 215 program, but that’s hardly clear.
• National Security Letters (NSLs) will no longer have an unlimited gag order on them. The Attorney General will need to set up guidelines for a time in which gag orders expire, with the possibility of extending them for investigations that are still ongoing.
• Companies will be given slightly more freedom to reveal data on the NSLs they get (though I don’t think he indicated the same thing for Section 702 orders…. which is a big concern).
• The Attorney General and the Director of National Intelligence will review annually FISC rulings to figure out what can be declassified.
• He promises to “work with Congress” to look at changes to the FISA court
• He is adding some very limited restrictions on spying on people overseas. It should only be used for actual counterterrorism/crime/military/real national security efforts.
• A State Department official will be in charge of handling “diplomacy issues” related to these changes on foreign spying.
• An effort will be started with technologists and privacy experts over how to handle “big data and privacy” in both the public and private sectors.

Marcy Wheeler at emptywheel addressed what the president does not consider abuse:

• The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
• According to the NSA in 2009, it had a program similar to Project Minaret – the tracking of anti-war opponents in the 1970s – in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse.
• When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses).
• Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
• The NSA has twice – in 2009 and 2011 – admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening.
• As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations.
• In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
• NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA.

No, Mr. President, this is not enough.

Cross posted from The Stars Hollow Gazette

We can’t tell you that we spied on you because it would violate your privacy??!!! This is precisely what the head of the NSA, General Keith B. Alexander told Senator Bernie Sanders (I-VT) in a letter responding to Sen. Sanders’ question about whether it collects information on members of Congress because doing so would violate the law.

“Among those protections is the condition that NSA can query the metadata only based on phone numbers reasonably suspected to be associated with specific foreign terrorist groups,” Alexander wrote. “For that reason, NSA cannot lawfully search to determine if any records NSA has received under the program have included metadata of the phone calls of any member of Congress, other American elected officials, or any other American without the predicate.” [..]

Alexander doesn’t actually say so in his letter, but it’s very possible that the NSA collects data on members of Congress just as it does on everyone else, in bulk. The NSA said in a statement earlier this month that members of Congress have the “same privacy protections” as ordinary citizens, which means that they too might be caught up in the NSA’s terrorism queries of its telephone database, which may sweep up millions of innocent people in a single search.

Seriously. I want to know what drugs they have given the heads of the DNI & NSA that they think that this is a plausible explanation of why that can’t tell a United States Senator whether or not they have spied on him. Alexander really wants us to believe that searching the NSA data base for information would violate the law

This certainly comes under the category of the most lamest excuses for abuse of power.

Cross posted from The Stars Hollow Gazette

In the run up to President Barack Obama’s promised decision on reforms the National Security Agency and its surveillance programs, there has been an  unsubstantiated press release, by House Intelligence Committee chairman Rep. Mike Rogers and his Democratic counterpart Rep. Dutch Ruppersberger, that the material taken by whistleblower Edward Snowden gravely impacted America’s national security, put the lives of US military personnel at risk and aided terrorists. There are no specifics about these allegations that Snowden had downloaded 1.7 million files or had considerable information on current U.S. military operations because the Pentagon report is, of course, classified.

Meanwhile top NSA officials and their allies are making their public appeals to retain their surveillance powers

In a lengthy interview that aired on Friday on National Public Radio (NPR), the NSA’s top civilian official, the outgoing deputy director John C Inglis, said that the agency would cautiously welcome a public advocate to argue for privacy interests before the secret court which oversees surveillance. Such a measure is being promoted by some of the agency’s strongest legislative critics. [..]

But security officials are arguing strongly against curtailing the substance of domestic surveillance activities.

While Inglis conceded in his NPR interview that at most one terrorist attack might have been foiled by NSA’s bulk collection of all American phone data – a case in San Diego that involved a money transfer from four men to al-Shabaab in Somalia – he described it as an “insurance policy” against future acts of terrorism. [..]

Inglis was bolstered on Thursday by the new FBI director James Comey, who said he opposed curbing the bureau’s power to collect information from businesses through a non-judicial subpoena called a national security letter. The use of national security letters, which occurs in secret, came under sharp criticism from Obama’s surveillance review panel, which advocated judicial approval over them.

Comey told reporters that would make it harder for his agency to investigate national security issues than conduct bank fraud investigations.

What we have learned is that the massive data collection has not led to the prevention of one terrorist attack and that conventional methods using court orders were more effective (pdf).

Activist and journalist Chris Hedges, along with former NSA technical director and NSA whistle-blower William Binney, tell Real News Network‘s Paul Jay that there should be accountability, including the President himself, for the criminal practices used by the NSA against the American people.

This Friday the president will publicly announce the results of his review of National Security Agency surveillance programs at the Department of Justice, not the White House.

Cross posted from The Stars Hollow Gazette

Hi, and Merry Christmas. I’m honored to have the chance to speak with you and your family this year.

Recently, we learned that our governments, working in concert, have created a system of worldwide mass surveillance, watching everything we do.

Great Britain’s George Orwell warned us of the danger of this kind of information. The types of collection in the book — microphones and video cameras, TVs that watch us — are nothing compared to what we have available today. We have sensors in our pockets that track us everywhere we go.

Think about what this means for the privacy of the average person. A child born today will grow up with no conception of privacy at all. They’ll never know what it means to have a private moment to themselves — an unrecorded, unanalyzed thought. And that’s a problem, because privacy matters. Privacy is what allows us to determine who we are and who we want to be.

The conversation occurring today will determine the amount of trust we can place both in the technology that surrounds us and the government that regulates it. Together, we can find a better balance. End mass surveillance. And remind the government that if it really wants to know how we feel, asking is always cheaper than spying.

For everyone out there listening, thank you, and Merry Christmas.

Cross posted from The Stars Hollow Gazette

President Obama’s panel of security and civil liberties experts finished their work giving their recommendations to the president last Friday. The report was released to the public Tuesday. Much to the surprise of the war on terror hawks, it slammed the mass surveillance programs vindicating what critics have been saying since Edward Snowden’s revelations.

A presidential advisory panel has recommended sweeping limits on the government’s surveillance programs, including requiring a court to sign off on individual searches of phone records and stripping the National Security Agency of its ability to store that data from Americans. [..]

The recommendations include tightening federal law enforcement’s use of so-called national security letters, which give the government sweeping authority to demand financial and phone records without prior court approval in national security cases. The task force recommended that authorities should be required to obtain a prior “judicial finding” showing “reasonable grounds” that the information sought is relevant to terrorism or other intelligence activities.

In addition, the panel proposed terminating the NSA’s ability to store telephone data and instead require it to be held by the phone companies or a third party. Access to the data would then be permitted only through an order from a Foreign Intelligence Surveillance Court.

The panel called for more independent review of what the NSA collects and the process by which it goes about gathering data.

Amid an international furor over NSA spying on the leaders of allied nations such as Germany, the review group recommended that the president personally approve all sensitive methods used by the intelligence community.

Marcy Wheeler, at emptywheel, has been pouring over the report and has pulled out what she thinks is pertinent here, here and here.

In a re-published article by Kara Brandeisky of ProPublica, that she wrote for Techdirt back in August, the folks there note that the surveillance reforms the Pres. Obama supported before he was president are remarkably similar to the Task Force’s proposals:

As a senator, Obama wanted to limit bulk records collection.

Obama co-sponsored a 2007 bill, introduced by Sen. Russ Feingold, D-Wis., that would have required the government to demonstrate, with “specific and articulable facts,” that it wanted records related to “a suspected agent of a foreign power” or the records of people with one degree of separation from a suspect. The bill died in committee. Following pressure from the Bush administration, lawmakers had abandoned a similar 2005 measure, which Obama also supported. [..]

As a senator, Obama wanted to require government analysts to get court approval before accessing incidentally collected American data.

In Feb. 2008, Obama co-sponsored an amendment, also introduced by Feingold, which would have further limited the ability of the government to collect any communications to or from people residing in the U.S.

The measure would have also required government analysts to segregate all incidentally collected American communications. If analysts wanted to access those communications, they would have needed to apply for individualized surveillance court approval.

The amendment pfailed 35-63 http://thomas.loc.gov/cgi-bin/… Obama later reversed his position and supported what became the law now known to authorize the PRISM program. That legislation – the FISA Amendments Act of 2008 – also granted immunity to telecoms that had cooperated with the government on surveillance. [..]

As a senator, Obama wanted the executive branch to report to Congress how many American communications had been swept up during surveillance.

Feingold’s 2008 amendment, which Obama supported, would have also required the Defense Department and Justice Department to complete a joint audit of all incidentally collected American communications and provide the report to congressional intelligence committees. The amendment failed 35-63. [..]

The White House has already made it clear that the recommendations are just that and has already said it will not separate the US Cyber Command from the NSA. So basically, as Charles Pierce pointedly put it, “the White House can tell the committee to pound sand.”

And, even if it doesn’t, there is no reason on god’s earth why anyone should believe that the NSA actually would abide by any agreement going forward. The all-too-human, but curiously error-prone heroes of our intelligence community, imbued as they are with a mission mindset that is perilously close to messianic, can be presumed eventually to breach by unfortunate accident almost any new protocol put in place. (And that’s not even to mingle with the wilder fauna in the jungle.)

At Democracy Now!, Amy Goodman and Juan González discuss the panel recommendations with Kirk Wiebe, a retired National Security Agency official who worked there for over 32 years, and Ben Wizner, Edward Snowden’s legal adviser and director of the Speech, Privacy, and Technology Project at the American Civil Liberties Union.

Let the conversation continue.

Cross posted from The Stars Hollow Gazette

In response to a lawsuit filed by an activist in June against the NSA’s massive collection of private phone data, a federal judge ruled that the program is possibly a violation of the Fourth Amendment but fell short of ordering the program shut down.

udge Richard Leon declared that the mass collection of so-called metadata probably violates the fourth amendment, relating to unreasonable searches and seizures, and is “almost Orwellian” in its scope.

He also expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” wrote Leon, a US district judge in the District of Columbia. [..]

Leon, an appointee of George W Bush, granted a preliminary injunction sought by plaintiffs Larry Klayman and Charles Strange, concluding that their constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, he put the ruling on hold, pending an appeal by the government.

But Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional.

Glenn Greenwald weighed in on this on MSNBC’s 4 PM program and there was a discussion with a former Obama administration DOJ lawyer and a spokesperson for the ACLU. If the video becomes available, I’ll add it.

Cross posted from The Stars Hollow Gazette

The Central Intelligence Agency (CIA) is prohibited by law from spying on the domestic activities of Americans but that hasn’t stopped them from paying a giant telecommunications company for the phone records of Americans making call overseas, as reported by the New York Times in an article by Charlie Savage:

The C.I.A. is paying AT&T more than $10 million a year to assist with overseas counterterrorism investigations by exploiting the company’s vast database of phone records, which includes Americans’ international calls, according to government officials. [..]

The program adds a new dimension to the debate over government spying and the privacy of communications records, which has been focused on National Security Agency programs in recent months. The disclosure sheds further light on the ties between intelligence officials and communications service providers. And it shows how agencies beyond the N.S.A. use metadata – logs of the date, duration and phone numbers involved in a call, but not the content – to analyze links between people through programs regulated by an inconsistent patchwork of legal standards, procedures and oversight.

Author of Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance, Heidi Boghosian joined Bill Moyers on Moyers and Company to discuss spying and  our civil liberties

Book Excerpt: Spying on Democracy

by Heidi Boghosian

In describing the National Security Agency’s (NSA) Terrorist Identities Datamart Environment (TIDE), best-selling author James Bamford, whose reporting in the 1980s revealed the existence of the NSA, calls the database used to store names gathered from the federal eavesdropping programs a disaster. The advent of digital communications and mass storage, he says, coupled with a failure of law and policy to keep abreast of technological advancements and an NSA “where the entire world’s knowledge is stored, but not a single word understood,” yields “the capacity to make tyranny total in America.”

Much of the information in government databases such as TIDE is collected with the cooperation of corporations. Although the US surveillance state is colossal in scope, Americans need not be complicit in sustaining it. Tethered to electronic gadgets, under watchful corporate and government command, Americans have a choice about the amount of information afforded to authorities. We can embrace the positive aspects of technology while electing to actively resist and dismantle its invasive and anti-democratic aspects.

To do so, it is essential to reject outright the premise on which a domestic surveillance grid has been erected: that it makes us safer. Comprehensive monitoring and the targeting of certain individuals and social networks for greater observation, is demonstrably ineffective in its purported function of making Americans more secure.

Cross posted from The Stars Hollow Gazette

“Yes, I believe it is in the nation’s best interest to put all the phone records into a lockbox that we could search.”

   –Keith B. Alexander, September 2013

The New York Times has revealed new details about how the National Security Agency is spying on targets ranging from the United Nations to foreign governments to global text messages. We are joined by New York Times reporter Scott Shane, who reports that the NSA has emerged “as an electronic omnivore of staggering capabilities, eavesdropping and hacking its way around the world to strip governments and other targets of their secrets, all the while enforcing the utmost secrecy about its own operations.” The Times article reveals how the NSA intercepted the talking points of U.N. Secretary-General Ban Ki-moon ahead of a meeting with President Obama in April and mounted a major eavesdropping effort focused on the United Nations Climate Change Conference in Bali in 2007. The Times also reveals the existence of an NSA database called Dishfire that “stores years of text messages from around the world, just in case.” Another NSA program called Tracfin “accumulates gigabytes of credit card purchases.”

As U.S. Weighs Spying Changes, Officials Say Data Sweeps Must Continue

by David E. Sanger, The New York Times

The Obama administration has told allies and lawmakers it is considering reining in a variety of National Security Agency practices overseas, including holding White House reviews of the world leaders the agency is monitoring, forging a new accord with Germany for a closer intelligence relationship and minimizing collection on some foreigners.

But for now, President Obama and his top advisers have concluded that there is no workable alternative to the bulk collection of huge quantities of “metadata,” including records of all telephone calls made inside the United States.

Instead, the administration has hinted it may hold that information for only three years instead of five while it seeks new technologies that would permit it to search the records of telephone and Internet companies, rather than collect the data in bulk in government computers. Gen. Keith B. Alexander, the director of the N.S.A., has told industry officials that developing the new technology would take at least three years.

NSA official cites ‘stop and frisk’ in effort to explain searches of phone records

by Ali Watkins, McClatchy Washington Bureau

The general counsel of the National Security Agency on Monday compared the agency’s telephone metadata collection program to the highly controversial “stop-and-frisk” practice used by law enforcement officers, saying the agency uses that same standard to choose which phone numbers to query in its database.

“It’s effectively the same standard as stop-and-frisk,” Rajesh De said in an attempt to explain the evidentiary use of “reasonable and articulable suspicion” to identify which phone numbers to target from the agency’s huge database of stored cellphone records.

De made the comment during a rare hearing of an obscure government body, the Privacy and Civil Liberties Oversight Board, which Congress created in 2004 to oversee the government’s expanded intelligence collection operations but which until Monday had never held a substantive hearing. [..]

The comparison was the latest in questionable analogies that intelligence officials have used in an effort to explain the agency’s metadata collection programs since former defense contractor Edward Snowden revealed their existence in June.

Intelligence officials, for example, have said repeatedly that the collection of hundreds of millions of phone records allows them to build a haystack in which to find a needle, apparently missing the irony that “finding a needle in a haystack” is an expression meant to convey that a task is all but impossible.

NSA’s Path to Totalitarianism

by Norman Pollack, Counterpunch

The New York Times, a recipient, along with the Guardian, of Snowden’s disclosures about the illegal activities of Obama and USG, is breaking out, as now, of its reticence about the nation’s profound disregard of constitutional principles AND its related policies of global hegemony at all costs-here Scott Shane’s lengthy article (3 Nov.), “No Morsel Too Miniscule for All-Consuming N.S.A.”  NSA to all intents and purposes appears as a “rogue” organization, extremism in the putative service of liberty, except that the designation is a way of distracting attention, and removing accountability, from its authorization and mission at the highest levels-call it, licensed roguery, official (with Obama’s eyes supposedly averted).  Or better, call it, stripped of all cosmetics, the unerring mark of a Police State, itself become identical  with Fortress America, the National-Security State.

Eavesdropping on foreign leaders speaks to an arrogance of power, in which the US claims for itself every right, unilaterally, to script both sides of the foreign dialogue as well as micromanage to its own advantage the rhythm and content of global events, from regional trade partnerships to the use of military force in shoring up alliance systems against a host of enemies, some terrorist groups to be sure, but, using that as pretext, mounting counterrevolution globally against alternative modes, notably, socialist, of modernization: autonomous national and/or radical aspirations seeking distance from US market penetration, the tarnished necklace of its worldwide military bases and CIA stations, and not least, the ideological saturation (assisted by IMF and World Bank applications of pressure) of market fundamentalism, the property right, unrestricted capital flows, and the honor of serving American industry with the lowest possible labor costs, as meanwhile we see the financialization of capitalism here and the gutting of the manufacturing base.

Eavesdropping, of course, is the polite term for control freak, which translates, in the realm of power politics, into societal desperation to employ any and all means for staying on top, cyber-strategies of disruption as well as information-gathering, campaigns of disinformation, CIA-JSOC paramilitary programs of regime change, and, upping the ante, as here, learning every move in advance of foreign leaders, the better-take no chances, take no prisoners-to orchestrate world politics in our favor.

Cross posted from The Stars Hollow Gazette

“We don’t have a domestic spying program.” That was the statement made by President Barack Obama on the “Jay Leno Show” on August 6, 2013 in the aftermath of the revelations by whistleblower Edward Snowden. We know now that there was no truth in that. We know, through the NSA program called “PRISM,” the NSA had been collecting internet data since 2007, including encrypted communications, from the tech giants, such as Google, Yahoo and Verizon, under Section 702 of the FISA Amendments Act of 2008. That’s the one that Obama said he would filibuster, then voted for with the promise of fixing it later.

The latest revelation is the NSA went beyond PRISM’s front door approach and behind the back of Google and Yahooo to infiltrate links to their data centers world wide. This newest document from Edward Snowden’s stash of NSA files exposed a program called MUSCULAR that was jointly operated with the NSA’s British counterpart, GCHQ. As it was reported by  Barton Gellman and Ashkan Soltani at The Washington Post, through this program they secretly broke into the main communication links that connect Yahoo and Google around the world enabling them to “collect at will from hundreds of millions of user accounts, many of them belonging to Americans.

According to a top-secret accounting dated Jan. 9, 2013, the NSA’s acquisitions directorate sends millions of records every day from internal Yahoo and Google networks to data warehouses at the agency’s headquarters at Fort Meade, Md. In the preceding 30 days, the report said, field collectors had processed and sent back 181,280,466 new records – including “metadata,” which would indicate who sent or received e-mails and when, as well as content such as text, audio and video.

The NSA’s principal tool to exploit the data links is a project called MUSCULAR, operated jointly with the agency’s British counterpart, the Government Communications Headquarters . From undisclosed interception points, the NSA and the GCHQ are copying entire data flows across fiber-optic cables that carry information among the data centers of the Silicon Valley giants. [..]

Intercepting communications overseas has clear advantages for the NSA, with looser restrictions and less oversight. NSA documents about the effort refer directly to “full take,” “bulk access” and “high volume” operations on Yahoo and Google networks. Such large-scale collection of Internet content would be illegal in the United States, but the operations take place overseas, where the NSA is allowed to presume that anyone using a foreign data link is a foreigner.

Outside U.S. territory, statutory restrictions on surveillance seldom apply and the FISC has no jurisdiction. Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) has acknowledged that Congress conducts little oversight of intelligence-gathering under the presidential authority of Executive Order 12333, which defines the basic powers and responsibilities of the intelligence agencies.

Needless to say the news that the NSA can collect information sent by fibre optic cable between the two tech giants infuriated them:

In a statement, Google’s chief legal officer, David Drummond, said the company was “outraged” by the latest revelations.

“We have long been concerned about the possibility of this kind of snooping, which is why we have continued to extend encryption across more and more Google services and links, especially the links in the slide,” he said.

“We do not provide any government, including the US government, with access to our systems. We are outraged at the lengths to which the government seems to have gone to intercept data from our private fiber networks, and it underscores the need for urgent reform.”

Yahoo said: “We have strict controls in place to protect the security of our data centers, and we have not given access to our data centers to the NSA or to any other government agency.”

It was this slide from the NSA presentation on “Google Cloud Exploitation,” that caused two engineers with close ties to Google exploded in profanity when they saw the drawing.

Click on image to enlarge.

The tech giants are now calling for real reforms of the NSA. In a letter sent to the Senate Intelligence Committee, chaired by Senator Dianne Feinstein (D-CA), they called for passage of the USA Freedom Act  a bill sponsored by Democrat senator Patrick Leahy and Republican congressman James Sensenbrenner that would end the bulk collection of data from millions of Americans and set up a privacy advocate to monitor the Fisa court, which oversees the NSA’s US activities.

“Recent disclosures regarding surveillance activity raise important concerns in the United States and abroad. The volume and complexity of the information that has been disclosed in recent months has created significant confusion here and around the world, making it more difficult to identify appropriate policy prescriptions,” the letter states.

“Our companies have consistently made clear that we only respond to legal demands for customer and user information that are targeted and specific.

“Allowing companies to be transparent about the number and nature of requests will help the public better understand the facts about the government’s authority to compel technology companies to disclose user data and how technology companies respond to the targeted legal demands we receive,” they write. [..]

“We urge the administration to work with Congress in addressing these critical reforms that would provide much needed transparency and help rebuild the trust of Internet users around the world,” the letter said.

The lack of credibility that this administration and congress has on this issue is eclipsed only by the enormity of the Grand Canyon. The sham House Intelligence Committee led by chief NSA apologist Rep. Mike Rogers featured inveterate liars NSA boss General Keith Alexander and Director of National Intelligence James Clapper, along with  Deputy Attorney General James Cole and number 2 guy at NSA Chris Inglis who were tossed easy questions. When push back from Democratic committee members came, Rogers interrupted, incredibly suggesting that they should just shut up if they’re going to say they weren’t informed:

(Rep. Adam) Schiff quite reasonably, appeared to take offense to this, and challenged Rogers, asking for more details as to when and how the Committee was told about spying on foreign leaders. Rogers without actually answering the question kept “warning” other members not to say something about this. Schiff broke in again (with Rogers trying to stop him from talking) to ask if the Committee was directly informed about this or if it was just a giant data dump of information that he would have had to go through carefully to find out who they were spying on. Rogers again refused to answer the question, and again hinted that those who put in the “effort” would have known about this — and then flat out cut off Schiff [..]

So we are now supposed to trust the liars?

 

Cross posted from The Stars Hollow Gazette

Former constitutional lawyer and columnist on civil liberties and U.S. national security issues for The Guardian, Glenn Greenwald joined Democracy Now!‘s Amy Goodman to discuss how US spying in out allies has become an institutionalized obsession with surveillance.

The spat over U.S. spying on Germany grew over the weekend following reports the National Security Agency has monitored the phone calls of Chancellor Angela Merkel since as early as 2002, before she even came to office. The NSA also spied on Merkel’s predecessor, Gerhard Schroeder, after he refused to support the Iraq War. NSA staffers working out of the U.S. embassy in Berlin reportedly sent their findings directly to the White House. The German tabloid Bild also reports President Obama was made aware of Merkel’s phone tap in 2010, contradicting his apparent claim to her last week that he would have stopped the spying had he known. In another new disclosure, the Spanish newspaper El Mundo reports today the NSA tracked some 60 million calls in Spain over the course of a month last year. A delegation of German and French lawmakers are now in Washington to press for answers on the allegations of U.S. spying in their home countries.

Jay Ackroyd at Eschaton thought this part of the lengthy interview deserved to be highlighted:

    So, for the top national security official in the United States to go to the Senate and lie to their faces and deny that the NSA is doing exactly that which our reporting proved that the NSA was in fact doing is plainly a crime, and of course he should be prosecuted, and would be prosecuted if we lived under anything resembling the rule of law, where everybody is held and treated equally under the law, regardless of position or prestige. Of course, we don’t have that kind of system, which is why no Wall Street executives have been prosecuted, no top-level Bush officials were prosecuted for torture or warrantless eavesdropping, and why James Clapper hasn’t been prosecuted despite telling an overt lie to Congress. And what’s even more amazing, though, Amy, is that not only has James Clapper not been prosecuted, he hasn’t even lost his job. He’s still the director of national intelligence many months after his lie was revealed, because there is no accountability for the top-level people in Washington.

   And the final thing to say about that is, there’s all kinds of American journalists who love to go on television and accuse Edward Snowden of committing all these grave and horrible crimes. They’re so brave when it comes to declaring Edward Snowden to be a criminal and calling for [inaudible]. Not one of them has ever gone on television and said, “James Clapper committed crimes, and he ought to be prosecuted.” The question that you just asked journalistically is such an important and obvious one, yet not-none of the David Gregorys or Jeffrey Toobins or all these American journalists who fancy themselves as aggressive, tough reporters, would ever dare utter the idea that James Clapper ought to be arrested or prosecuted for the crimes that he committed, because they’re there to serve those interests and not to challenge or be adversarial to them.

Jay also pointed out e-mail exchange between Glenn and Bill Keller, the former executive editor of The New York Times, in an op-ed by Keller.

Is Glenn Greenwald the Future of News?

by Bill Keller

Much of the speculation about the future of news focuses on the business model: How will we generate the revenues to pay the people who gather and disseminate the news? But the disruptive power of the Internet raises other profound questions about what journalism is becoming, about its essential character and values. This week’s column is a conversation – a (mostly) civil argument – between two very different views of how journalism fulfills its mission.

Glenn Greenwald broke what is probably the year’s biggest news story, Edward Snowden’s revelations of the vast surveillance apparatus constructed by the National Security Agency. He has also been an outspoken critic of the kind of journalism practiced at places like The New York Times, and an advocate of a more activist, more partisan kind of journalism. Earlier this month he announced he was joining a new journalistic venture, backed by eBay billionaire Pierre Omidyar, who has promised to invest $250 million and to “throw out all the old rules.” I invited Greenwald to join me in an online exchange about what, exactly, that means.

It’s long but worth the read.  

Cross posted from The Stars Hollow Gazette

Who Buys the Spies? The Hidden Corporate Cash Behind America’s Out-of-Control National Surveillance State

by Thomas Ferguson, Paul Jorgensen, and Jie Chen

Democratic leaders are full-fledged players in the national surveillance state, right along with Republicans.

Long before President Obama kicked off his 2008 campaign, many Americans took it for granted that George W. Bush’s vast, sprawling national security apparatus needed to be reined in. For Democrats, many independents, and constitutional experts of various persuasions, Vice President Dick Cheney’s notorious doctrine of the “unitary executive” (which holds that the President controls the entire executive branch), was the ultimate statement of the imperial presidency. It was the royal road to easy (or no) warrants for wiretaps, sweeping assertions of the government’s right to classify information secret, and arbitrary presidential power. When Mitt Romney embraced the neoconservatives in the 2012 primaries, supporters of the President often cited the need to avoid a return to the bad old days of the Bush-Cheney-Rumsfeld National Security State as a compelling reason for favoring his reelection. Reelect President Obama, they argued, or Big Brother might be back.

But that’s not how this movie turned out: The 2012 election proved to be a post-modern thriller, in which the main characters everyone thought they knew abruptly turned into their opposites and the plot thickened just when you thought it was over.[..]

As the storm over surveillance broke, we were completing a statistical analysis of campaign contributions in 2012, using an entirely new dataset that we constructed from the raw material provided by the Federal Election Commission and the Internal Revenues Service (which compiles contributions from so-called “527”s).  In light of what has transpired, our quantitative analysis of presidential election funding invites closer scrutiny, particularly of the finding that we had already settled upon as perhaps most important:  In sharp contrast to endlessly repeated claims that big business was deeply suspicious of the President, our statistical results show that a large and powerful bloc of  “industries of the future” – telecommunications, high tech, computers, and software – showed essentially equal or higher percentages of support for the President in 2012 than they did for Romney [..]

But the point that our findings document is perhaps most instructive of all. Many of the firms and industries at the heart of this Orwellian creation have strong ties to the Democrats. Bush and Cheney may have invented it, but national Democratic leaders are full-fledged players in this 21st century National Surveillance State and the interest group pressures that now help to sustain its defenders in Washington work just as powerfully on Democrats as on Republicans.

Party Competition and Industrial Structure in the 2012 Elections

Key Findings:

   

• Existing data sources used for studies of campaign finance have a variety of serious flaws.
• As a result, the degree to which major parties’ presidential candidates depend on very large donors has been underestimated and the role small donors play exaggerated.
• The relation between the money split between the parties and the proportion of votes received by their candidates in House and Senate races appears to be quite straightforward.
• Firms and executives in industries strongly affected by proposed regulations limiting greenhouse gas emissions heavily backed Mitt Romney. So did much, but not all, of finance.
• President Obama’s support within big business was broader than hitherto recognized. His level of support from firms in telecommunications and software was very strong indeed, sometimes equaling or exceeding Romney’s. Many firms and sectors most involved in the recent controversies over surveillance were among the President’s strongest supporters.
• Republican candidates showed sharply different levels of contributions from small donors; President Obama’s campaign, while heavily dependent on large donors, attracted more support from small donors than did his Republican opponent.
• Big business support for Tea Party candidates for Congress was substantial, but well below levels for more mainstream Republicans. Many of the same sectors that strongly supported Romney also backed Tea Party candidates. Backing for Tea Party candidates by Too Big To Fail banks ran above the average of business as a whole by every measure.

Read “Party Competition and Industrial Structure in the 2012 Elections: Who’s Really Driving the Taxi to the Dark Side?” (pdf), by Thomas Ferguson, Paul Jorgensen, and Jie Chen.

Professor of Political Science at the University of Massachusetts and a Senior Fellow of the Roosevelt Institute, Thomas Ferguson discusses the finding of the study with Real New Networks Jaisal Noor.

As Yves Smith at naked capitalism noted this is a good explanation why “Obama started looking more stressed than usual around the time of the Snowden revelations.”

On October 26th, the 12th anniversary of the PATRIOT Act,

The full list, in order of appearance, includes:

Daniel Ellsberg, “Pentagon Papers” whistleblower

Phil Donahue, television talk-show pioneer

US Rep. John Conyers Jr. (D-MI), ranking Democrat on the House Judiciary Committee

David Segal, executive director of Demand Progress

Maggie Gyllenhaal, actor and activist

Oliver Stone, director of The Untold History of the United States and Nixon

John Cusack, actor and activist

Wil Wheaton, actor and writer

Molly Crabapple, artist and writer

Jesselyn Radack, U.S. Department of Justice whistleblower and national security and human rights director at the Government Accountability Project

J. Kirk Wiebe, NSA whistleblower

Mark Klein, AT&T whistleblower who revealed the telecommunications company’s collaboration with the NSA in collecting customer data

Thomas Drake, NSA whistleblower

Cindy Cohn, Legal Director at the Electronic Frontier Foundation

Dan Choi, LGBTQ activist and Iraq War veteran

Lawrence Lessig, Roy L. Furman Professor of Law and Leadership at Harvard Law School