Tag: Glenn Greenwald

The news organization created by Pierre Omidyar, First Look went live this morning with its on-line magazine, The Intercept.

First Look’s The Intercept Launches with New NSA Revelations

Led by award-winning journalists Glenn Greenwald, Laura Poitras, and Jeremy Scahill, the initial focus will be on stories based on documents from Edward Snowden

February 10, 2014 01:00 AM Eastern Standard Time

NEW YORK–(BUSINESS WIRE)–First Look Media, the news organization created by Pierre Omidyar, today announced the launch of its first digital magazine, The Intercept. It is the first of what will eventually become a family of digital magazines published by First Look, covering topics from sports and entertainment to politics and business. The site is live at theintercept.org, and for the latest updates and news follow @the_intercept.

The Intercept will initially focus on new reporting involving the disclosures made to Greenwald and Poitras by NSA whistleblower Edward Snowden. Their previous work for a host of publications worldwide has sparked a global conversation on the extent of government surveillance and the value of a free press.

The decision to launch The Intercept now was driven by the team’s sense of urgency and responsibility to continue and expand their reporting on the NSA story. The site’s first news article, by Greenwald and Scahill, raises troubling new questions about the NSA’s methods of identifying targets for lethal drone strikes.

“Glenn, Laura, and Jeremy are relentless in their pursuit of a story and rigorous in finding the truth,” said Omidyar. “We share a belief in the fundamental importance of a free and independent press on keeping a democracy vital and strong. In all of our reporting, at The Intercept and beyond, we will be anchored by that vision and hold ourselves to the highest journalistic standards. First Look journalists have editorial independence and support and are encouraged to pursue the transformative and engaging stories of our time, no matter the subject.”

While the initial focus of The Intercept will be based on documents provided by NSA whistleblower Edward Snowden, over time the reporting will expand to a wide range of issues involving government and corporate accountability.

“Today’s launch is just the beginning,” said Greenwald. “Our day one story is significant and we have more coming. Laura, Jeremy, and I recognize the responsibility in front of us, and are thrilled to be embarking on this exciting and important journey.”

In addition to the return of Greenwald’s regular column, The Intercept will offer ongoing commentary and analysis, publication of relevant primary source documents, robust digital storytelling, and guest authors who are experts in their fields.

First Look Media will launch a flagship site and additional digital magazines later this year.

And of course, the first two stories are extraordinary.

New Photos of the NSA and Other Top Intelligence Agencies Revealed for First Time

By Trevor Paglen

Over the past eight months, classified documents provided by NSA whistleblower Edward Snowden have exposed scores of secret government surveillance programs. Yet there is little visual material among the blizzard of code names, PowerPoint slides, court rulings and spreadsheets that have emerged from the National Security Agency’s files.

The scarcity of images is not surprising. A surveillance apparatus doesn’t really “look” like anything. A satellite built by the National Reconnaissance Office (NRO) reveals nothing of its function except to the best-trained eyes. The NSA’s pervasive domestic effort to collect telephone metadata also lacks easy visual representation; in the Snowden archive, it appears as a four-page classified order from the Foreign Intelligence Surveillance Court. Since June 2013, article after article about the NSA has been illustrated with a single image supplied by the agency, a photograph of its Fort Meade headquarters that appears to date from the 1970s.

The photographs below – which are being published for the first time – show three of the largest agencies in the U.S. intelligence community. The scale of their operations was hidden from the public until August 2013, when their classified budget requests were revealed in documents provided by Snowden. Three months later, I rented a helicopter and shot nighttime images of the NSA’s headquarters. I did the same with the NRO, which designs, builds and operates America’s spy satellites, and with the National Geospatial-Intelligence Agency (NGA), which maps and analyzes imagery, connecting geographic information to other surveillance data. The Central Intelligence Agency – the largest member of the intelligence community – denied repeated requests for permission to take aerial photos of its headquarters in Langley, Virginia.

This is an absolute must read.

The NSA’s Secret Role in the U.S. Assassination Program

By Jeremy Scahill and Glenn Greenwald

The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people.

According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using.

The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere.

His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen.

In one tactic, the NSA “geolocates” the SIM card or handset of a suspected terrorist’s mobile phone, enabling the CIA and U.S. military to conduct night raids and drone strikes to kill or capture the individual in possession of the device.

The former JSOC drone operator is adamant that the technology has been responsible for taking out terrorists and networks of people facilitating improvised explosive device attacks against U.S. forces in Afghanistan. But he also states that innocent people have “absolutely” been killed as a result of the NSA’s increasing reliance on the surveillance tactic.

Congratulations and best wishes on the the new endeavor!

h/t to bobswern at Daily Kos for the first heads up.

Cross posted from The Stars Hollow Gazette

Investigative journalist ( yes, journalist) and proprietress of emptywheel, Marcy Wheeler announced the she is joining Glenn Greenwald at First Look the new on-line magazine venture by billionaire Pierre Omidyar.

I’ve got some exciting new beginnings – and some continuity – to announce.

As Pierre Omidyar and Eric Bates just announced, I will be joining First Look Media as part of a new magazine that will publish Glenn Greenwald, Laura Poitras, Jeremy Scahill, and others’ work. It’s really exciting to join Glenn and others in their work, and to join the larger First Look effort as it launches.

But that opportunity won’t change much here. I am just working for First Look as a consultant – just doing document analysis, not my own reporting – and just part time. I will continue to do the kind of reporting I always do here – and potentially for other media outlets.

Here are some Tweets from Glenn welcoming Marcy and announcing the launch of First Look early next week.

Working with the brilliant @emptywheel – on NSA documents no less – is basically a dream.

— Glenn Greenwald (@ggreenwald) February 6, 2014

Super-excited! First Look Media publishes its first digital magazine – to launch early next week https://t.co/gBriEoQtib

— Glenn Greenwald (@ggreenwald) February 6, 2014

We congratulate Marcy on new job and look forward to reading her analysis.

Journalist and constitutional lawyer Glenn Greenwald and  the executive director of the American Civil Liberties Union Anthony D Romero discussed President Barack Obama’s new NSA “reforms” with Alex Wagner, the host of MSNBC’s “Now.”

Obama’s NSA ‘reforms’ are little more than a PR attempt to mollify the public

By Glenn Greenwald, The Guardian

Obama is draping the banner of change over the NSA status quo. Bulk surveillance that caused such outrage will remain in place

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America’s most significant political scandals. Predictably, it is the same one that shaped President Obama’s much-heralded Friday speech to announce his proposals for “reforming” the National Security Agency in the wake of seven months of intense worldwide controversy.

The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge. [..]

Today’s speech should be seen as the first step, not the last, on the road to restoring privacy. The causes that drove Obama to give this speech need to be, and will be, stoked and nurtured further until it becomes clear to official Washington that, this time around, cosmetic gestures are plainly inadequate.

Here is the press release from the ACLU commenting on the President’s NSA speech:

January 17, 2014

FOR IMMEDIATE RELEASE

CONTACT: [email protected]

WASHINGTON – President Obama today announced changes to some aspects of the NSA’s surveillance programs and left others in place. Anthony D. Romero, the executive director of the American Civil Liberties Union, had this reaction:

“The president’s speech outlined several developments which we welcome. Increased transparency for the Foreign Intelligence Surveillance Court, improved checks and balances at the FISA court through the creation of a panel of advocates, and increased privacy protections for non-U.S. citizens abroad – the first such assertion by a U.S. president – are all necessary and welcome reforms.

“However, the president’s decision not to end bulk collection and retention of all Americans’ data remains highly troubling. The president outlined a process to study the issue further and appears open to alternatives. But the president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”

A new chart comparing the ACLU’s proposals, President Obama’s announcement, and the USA FREEDOM Act (a bipartisan bill currently pending in Congress) is at: aclu.org/national-security/where-does-president-stand-nsa-reform

ACLU Action is demanding an end to dragnet surveillance at: aclu.org/endsurveillance

Cross posted from The Stars Hollow Gazette

At a computer conference in Hamburg, Germany, journalist and lawyer Glenn Greenwald delivered the keynote address that chastised the US and British mainstream media for their failures to challenge erroneous remarks routinely made by government officials around the globe

Thousands of attendees at the thirtieth annual Chaos Communication Congress in Hamburg packed into a room to watch the 46-year-old lawyer-turned-columnist present a keynote address delivered less than seven months after he started working with former National Security Agency contractor Edward Snowden.

Revelations contained in leaked documents supplied by Snowden to Greenwald and other journalists have sparked international outrage and efforts to reform the far-reaching surveillance operations waged by the NSA and intelligence officials in allied nations. But speaking remotely from Brazil this week, Greenwald argued that the media establishment at large is guilty of failing significantly with respect to accomplishing its most crucial role: keeping governments in check.

When Greenwald and his colleagues began working with Snowden, he said they realized that they’d have to act in a way that wasn’t on par with how the mainstream media has acted up until now.

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.  

We’re launching yet another war against a Middle Eastern country on the basis of false pretenses.  Our own damned government is spying on our every communication.  People who expose crimes by our government are thrown in prison for decades or forced into exile and hiding.  High ranking criminals get away with their crimes.  The rich keep getting richer at the expense of everyone else.  Our leaders declare they can have us killed without even the Constitutionally-mandated niceties of charging us with any crime at all, let alone any warranting the death penalty.  The Constitution no longer applies.  Politicians are bought and owned by the wealthy, which trample our rights with impunity.  The world is burning and yet we keep drilling and fracking.

Yet the most pressing story of the day is how shameful Miley Cyrus’ antics on stage at an MTV award show were.

Cross posted from The Stars Hollow Gazette

In her opening segment on her show, Rachel Maddow took the US and Great Britain to task for harassing journalists like Laura Poitras and Glenn Greenwald’s partner, David Miranda.

Apparently, when Rachel went on the air she was not aware of this latest development.

UK Authorities Destroy Guardian’s Hard Drives, Force Journalists to Report NSA Stories In Exile

by Trevor Timm, Freedom of the Press Foundation

Fresh off the news that UK authorities detained the partner of Guardian journalist Glenn Greenwald for nine hours yesterday, Guardian editor-in-chief Alan Rusbridger has published [an extraordinary report http://www.theguardian.com/com… of government pressure and intimidation that should send chills down the spine of anyone who cares about a free press.

Rusbridger, who up until recently was based in the UK, recounts being approached by UK government officials multiple times and threatened with legal action unless he returned or destroyed the Edward Snowden documents the Guardian had in its possession. Officials from GCHQ, Britain’s NSA counterpart, eventually entered Guardian headquarters and destroyed the hard drives that contained copies of the Snowden documents.

David Miranda, schedule 7 and the danger that all reporters now face

by Alan Rusbridger, The Guardian

As the events in a Heathrow transit lounge – and the Guardian offices – have shown, the threat to journalism is real and growing

During one of these meetings I asked directly whether the government would move to close down the Guardian’s reporting through a legal route – by going to court to force the surrender of the material on which we were working. The official confirmed that, in the absence of handover or destruction, this was indeed the government’s intention. Prior restraint, near impossible in the US, was now explicitly and imminently on the table in the UK. But my experience over WikiLeaks – the thumb drive and the first amendment – had already prepared me for this moment. I explained to the man from Whitehall about the nature of international collaborations and the way in which, these days, media organisations could take advantage of the most permissive legal environments. Bluntly, we did not have to do our reporting from London. Already most of the NSA stories were being reported and edited out of New York. And had it occurred to him that Greenwald lived in Brazil?

The man was unmoved. And so one of the more bizarre moments in the Guardian’s long history occurred – with two GCHQ security experts overseeing the destruction of hard drives in the Guardian’s basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. “We can call off the black helicopters,” joked one as we swept up the remains of a MacBook Pro.

Whitehall was satisfied, but it felt like a peculiarly pointless piece of symbolism that understood nothing about the digital age. We will continue to do patient, painstaking reporting on the Snowden documents, we just won’t do it in London. The seizure of Miranda’s laptop, phones, hard drives and camera will similarly have no effect on Greenwald’s work.

The state that is building such a formidable apparatus of surveillance will do its best to prevent journalists from reporting on it. Most journalists can see that. But I wonder how many have truly understood the absolute threat to journalism implicit in the idea of total surveillance, when or if it comes – and, increasingly, it looks like “when”.

I wonder if the White House was given a “head’s up” on this action.  

Cross posted from The Stars Hollow Gazette

In another assault on the freedom of the press and a naked attempt at intimidation, journalist Glenn Greenwald’s Brazilian partner, David Miranda was detained at Heathrow Airport and questioned for nine hours under Great Britain’s Terrorism Act:

David Miranda, who lives with Glenn Greenwald, was returning from a trip to Berlin when he was stopped by officers at 8.05am and informed that he was to be questioned under schedule 7 of the Terrorism Act 2000. The controversial law, which applies only at airports, ports and border areas, allows officers to stop, search, question and detain individuals.

The 28-year-old was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual. According to official figures, most examinations under schedule 7 – over 97% – last less than an hour, and only one in 2,000 people detained are kept for more than six hours (pdf).

Miranda was released, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles. [..]

While in Berlin, Miranda had visited Laura Poitras, the US film-maker who has also been working on the Snowden files with Greenwald and the Guardian. The Guardian paid for Miranda’s flights.

This was the reaction of Widney Brown, Amnesty International’s senior director of international law and policy:

“It is utterly improbable that David Michael Miranda, a Brazilian national transiting through London, was detained at random, given the role his partner has played in revealing the truth about the unlawful nature of NSA surveillance.

“David’s detention was unlawful and inexcusable. He was detained under a law that violates any principle of fairness and his detention shows how the law can be abused for petty, vindictive reasons.

“There is simply no basis for believing that David Michael Miranda presents any threat whatsoever to the UK government. The only possible intent behind this detention was to harass him and his partner, Guardian journalist Glenn Greenwald, for his role in analysing the data released by Edward Snowden.”

Of course the White House denies ordering the detention or the confiscation of Mr. Miranda’s property, but considering the lies that have been told and the use of “national security” as a reason to cover up the lies and crimes of two administrations, there is certainly good reason to question the veracity of any statements from the White House. Deputy Press Secretary Josh Earnest admitted that the White House was notified in advance of the action.

The detention has caused some outrage in Britain with  condemnation and calls for an explanation from the police of why Mr. Miranda was held under the anti-terroism law since there was no little evidence that he was involved in, or connected to terrorism.

Keith Vaz (chairman of the Home Affairs Select Committee) called the detention of Miranda “extraordinary” and said he would be writing immediately to police to request information about why Miranda was held under anti-terrorism laws when there appeared to be little evidence that he was involved in terrorism. [..]

“It is an extraordinary twist to a very complicated story,” Vaz told BBC Radio 4’s Today programme on Monday. “Of course it is right that the police and security services should question people if they have concerns or the basis of any concerns about what they are doing in the United Kingdom. What needs to happen pretty rapidly is we need to establish the full facts – now you have a complaint from Mr Greenwald and the Brazilian government. They indeed have said they are concerned at the use of terrorism legislation for something that does not appear to relate to terrorism, so it needs to be clarified, and clarified quickly.”

Vaz said he was not aware that personal property could be confiscated under the laws. “What is extraordinary is they knew he was the partner [of Greenwald] and therefore it is clear not only people who are directly involved are being sought but also the partners of those involved,” he said. “Bearing in mind it is a new use of terrorism legislation to detain someone in these circumstances […] I’m certainly interested in knowing, so I will write to the police to ask for the justification of the use of terrorism legislation – they may have a perfectly reasonable explanation. But if we are going to use the act in this way … then at least we need to know so everyone is prepared.”

The British anti-terrorist legislation watchdog, David Anderson QC, also called for an explanation from called on the Home Office and Metropolitan police over what is being called a “gross misuse” of the terror law.:

The intervention by Anderson came as the shadow home secretary, Yvette Cooper, called for an urgent investigation into the use of schedule 7 of the Terrorism Act 2000 to detain Miranda. Cooper said ministers must find out whether anti-terror laws had been misused after detention caused “considerable consternation”.

Cooper said public support for schedule 7 of the Terrorism Act could be undermined if there was a perception it was not being used for the right purposes. “Any suggestion that terror powers are being misused must be investigated and clarified urgently,” she said. “The public support for these powers must not be endangered by a perception of misuse.

Laura Poitras, with whom Mr. Miranda was visiting in Berlin and whose work usually involves sensitive national security issues, had recently relocated to Berlin, Germany because of the harassment at US airports.

Glenn Greenwald called the detention of his partner a failed attempt at intimidation:

This is obviously a rather profound escalation of their attacks on the news-gathering process and journalism. It’s bad enough to prosecute and imprison sources. It’s worse still to imprison journalists who report the truth. But to start detaining the family members and loved ones of journalists is simply despotic. Even the Mafia had ethical rules against targeting the family members of people they felt threatened by. But the UK puppets and their owners in the US national security state obviously are unconstrained by even those minimal scruples.

If the UK and US governments believe that tactics like this are going to deter or intimidate us in any way from continuing to report aggressively on what these documents reveal, they are beyond deluded. If anything, it will have only the opposite effect: to embolden us even further. Beyond that, every time the US and UK governments show their true character to the world – when they prevent the Bolivian President’s plane from flying safely home, when they threaten journalists with prosecution, when they engage in behavior like what they did today – all they do is helpfully underscore why it’s so dangerous to allow them to exercise vast, unchecked spying power in the dark.

The press and the supporters of police state tactic of the US and Britain focused on the individuals involved completely miss the heart of this matter, the world wide freedom of the press, the free flow of information and the rights of people’s property and privacy. They are missing the forest for the trees.

Cross posted from The Stars Hollow Gazette

At his blog, Glenn Greenwald posted that he had written an article for O Globo, the large Brazilian newspaper based in Rio de Janeiro revealing that millions of Brazilians emails and calls, too, had been scooped up by the US spy program. This followed on the news in Der Spiegel that gave a detailed account of the mass collection of data from the electronic communications of Germans. The Brazilian government is now demanding an explanation from the US.

The foreign minister, Antonio Patriota, expressed “deep concern” about a report that appeared in O Globo newspaper at the weekend, which detailed how the US National Security Agency (NSA) had conducted extensive spying activities in Brazil.

Based on documents provided by Snowden, the O Globo story showed how the US had been carrying out covert surveillance on ostensibly friendly nations. Similar reports in Europe and Hong Kong have sparked indignation in recent weeks.

After the Brazilian president, Dilma Rousseff, called in cabinet ministers to discuss the issue, the government issued a statement of concern.

After the flight carrying Bolivian president Evo Morales was forced to land in Austria over the suspicion that NSA whistleblower Edward Snowden was on board, Bolivia and two other Latin American countries, Venezuela and Nicaragua have offered Snowden asylum. The offers spark some rather undiplomatic responses from elected officials on the Sunday talk shows. The most notable was from Sen. Robert Menedez (D-NJ) who, after calling for sanctions against the three countries, told Meet the Press‘s David Gregory:

“I’m not surprised by the countries that are offering him asylum,” Menendez said Sunday. “They like sticking it to the United States.”

The second half of Glenn Greenwald’s interview with Snowden that was taped in Hong Kong by Laura Poitras on 6 June 2013 was posted at The Guardian.

Juan Cole had this to say about the NSA spying and the Obama administration

The general disappointment with the Obama administration on issues of surveillance, drone warfare, the surge in Afghanistan, extension of the Bush tax cuts for the super-rich, labor issues and the environment felt by anyone to the left of David Brooks appears to be a factor in Snowden’s whistleblowing. He must also have been frustrated to see Senators such as Ron Wyden (D-OR) muzzled and unable to tell the American people forthrightly what was troubling him about the secret interpretation of the USA Patriot Act (which is of course the most unpatriotic piece of legislation ever passed). Muzzling a sitting senator about an issue of clear public concern surely is unconstitutional. You can’t have a democracy that way. Snowden knew this and is trying to restore what we lost to the National Security Super-State.

Cross posted from The Stars Hollow Gazette

Friday night, journalist for The Guardian and constitutional lawyer, Glenn Greenwald appeared via Skype at Socialism Conference in Chicago. He was introduced by investigative journalist for The Nation and author, Jeremy Scahill. Glenn hinted that there is still more to come on the NSA Surveillance scandal and spoke briefly on new technology that would enable the NSA to collect and store a billion calls a day to its repositories:

“It talks about a brand new technology that enables the national security agency to redirect into its own repositories one billion cell phone calls every single day. One billion cell phone calls every single day,” he said.

“But what we’re really talking about here is a localized system that prevents any form of electronic communication from taking place without its being stored and monitored by the National Security Agency,” Greenwald continued. “It doesn’t mean that they’re listening to every call, it means they’re storing every call and have the capability to listen to them at any time, and it does mean that they’re collecting millions upon millions upon millions of our phone and email records.”

(my emphasis)

Here is the full video with a lot of cheering of Jeremy and Glenn and some pretty amusing remarks about the White House and media campaign to impugn Glenn.

Cross posted from The Stars Hollow Gazette

You know you’ve screwed up when an agent from one of the most secretive and notorious spy agencies tells you so. A former lieutenant colonel in the now defunct East German secret police, the Stasi, Wolfgang Schmidt was “appalled” saying that ” gathering such a broad, seemingly untargeted, amount of information is obvious”

“It is the height of naivete to think that once collected this information won’t be used,” he said. “This is the nature of secret government organizations. The only way to protect the people’s privacy is not to allow the government to collect their information in the first place.”

Now the Ecuadoran government has broken its trade pact with the United States to prevent it from being used as “blackmail” over the request for asylum from Edward Snowden.

The waiving of preferential trade rights followed threats from members of the US congress to drop the ATPA in July, when it is due for renewal, unless Ecuador toed the line on Snowden.

“Ecuador does not accept pressure or threats from anyone, nor does it trade with principles or submit them to mercantile interests, however important those may be,” said Fernando Alvarado, the communications secretary.

“Ecuador gives up, unilaterally and irrevocably, the said customs benefits.”

Meanwhile the US Army has blocked access to parts of The Guardian website to preserve ‘network hygiene’

A spokesman said the military was filtering out reports and content relating to government surveillance programs to preserve “network hygiene” and prevent any classified material appearing on unclassified parts of its computer systems.[..]

The Pentagon insisted the Department of Defense was not seeking to block the whole website, merely taking steps to restrict access to certain content.

But a spokesman for the Army’s Network Enterprise Technology Command (Netcom) in Arizona confirmed that this was a widespread policy, likely to be affecting hundreds of defence facilities.

Besides being an illogical in its defense of leaked information that is now public knowledge, the dogs forbid, these young GI’s should know what it is they’re defending.

At least the Senate isn’t slacking on asking for an explanation. In bipartisan letter, 26 Senators are seeking answers from intelligence chief James Clapper over scale of and justification for NSA surveillance

The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.

In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian. [..]

They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.

The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata. [..]

In addition to raising concerns about the law’s scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.

At the National Rifle Association heads will be exploding. As Marcy Wheeler noted at emptywheel, one of the questions the Senators asked is a “loaded gun”:

It can be used to collect information on credit card purchases, pharmacy records, library records, firearm sales records, financial information, and a range of other sensitive subjects. And the bulk collection authority could potentially be used to supersede bans on maintaining gun owner databases, or laws protecting the privacy of medical records, financial records, and records of book and movie purchases. [Marcy’s emphasis]

At Hullabaloo, David Atkins points out a few problems with the arguments defending the government. He makes two very valid points that should be embarrassing for certain defenders of President Obama and the NSA spying:

In all the manufactured outrage against Snowden for leaking and Greenwald for doing his job as a journalist, there have been two main strains of thought. The first is that whatever the government does in the name of “national security” should be accepted without question, that if one is sworn to secrecy one should never reveal secrets under any circumstance, and that journalistic freedom of speech itself should be called into question if it interferes in any way with whatever government officials say they’re doing in the name of “national security.”

That is a fascist argument that has no place in civil American society, and that should embarrass anyone who uses it.

The second argument is about equal application of rule of law, and it carries a little more moral weight. That argument centers around balance of powers and the notion that it should not be up to random individuals to determine what secrets should remain secrets based on their own moral compass. It’s based around notions of universal rule of law, and is not a fascist one but an institutionalist one. It’s the argument that animates much of the anti-Snowden left.

But for anyone to argue that point with credibility, one must also oppose the rampant leaks coming from inside the government apparatus as well.[..]

If someone denounces Snowden and Greenwald but claims to be to the left of Peter King, they must also denounce the government’s selective leaks and demand prosecution of those involved, or lose all credibility and claims to intellectual consistency. To selectively defend or extol lawbreaking behavior depending on who is in office and what issue is being defended, is the worst sort of political hackery and hypocrisy.

All In host Chris Hayes points to the unequal and uneven response to leaked information that advances the Pentagon’s agenda and leaked information that doesn’t.

On that note this:

The Criminal NSA

by Jennifer Stisa Granick and Christopher Jon Sprigman, The New York Times

THE twin revelations that telecom carriers have been secretly giving the National Security Agency information about Americans’ phone calls, and that the N.S.A. has been capturing e-mail and other private communications from Internet companies as part of a secret program called Prism, have not enraged most Americans. Lulled, perhaps, by the Obama administration’s claims that these “modest encroachments on privacy” were approved by Congress and by federal judges, public opinion quickly migrated from shock to “meh.”

It didn’t help that Congressional watchdogs – with a few exceptions, like Senator Rand Paul, Republican of Kentucky – have accepted the White House’s claims of legality. The leaders of the Senate Intelligence Committee, Dianne Feinstein, Democrat of California, and Saxby Chambliss, Republican of Georgia, have called the surveillance legal. So have liberal-leaning commentators like Hendrik Hertzberg and David Ignatius.

This view is wrong – and not only, or even mainly, because of the privacy issues raised by the American Civil Liberties Union and other critics. The two programs violate both the letter and the spirit of federal law. No statute explicitly authorizes mass surveillance. Through a series of legal contortions, the Obama administration has argued that Congress, since 9/11, intended to implicitly authorize mass surveillance. But this strategy mostly consists of wordplay, fear-mongering and a highly selective reading of the law. Americans deserve better from the White House – and from President Obama, who has seemingly forgotten the constitutional law he once taught.

America’s Animal Farm: Snowden and the Squealer

by Jonathan Turley, law professor Georgetown University

For many, the recent disclosure of massive warrantless surveillance programs of all citizens by the Obama administration has brought back memories of George Orwell’s 1984. Such comparisons are understandable not only with the anniversary of the book occurring the very week of the disclosures but the Administration’s “doublethink” interpretations of common terms like “transparency” and “privacy.” According to President Obama, the secret surveillance program is not only entirely “transparent” but something of a triumph of privacy.

Yet, another Orwell book seems more apt as the White House and its allies try to contain the scandal: Animal Farm.

Orwell wrote the fanciful account of a farm society of animals at the end of World War II during a period of authoritarian power and government propaganda. The farm government proclaimed equality of all animals but, as the pig Squealer explained, “all animals are equal, but some animals are more equal than others.” As our leaders joined together on television to bloviate about the need to capture and try the “traitor” Snowden, they were affirming a system of laws that seems to apply to the governed exclusively.