Tag: Meta Data

Cross posted from The Stars Hollow Gazette

Yesterday afternoon NSA whistleblower Edward Snowden answered questions in s candid on line chat. He responded not only to questions about what he believes should be done about the massive NSA surveillance programs and the threats to his life but countered some of the spurious accusations that he acted in concert with the Russians and stole his co-workers passwords.

@mperkel #ASKSNOWDEN They say it’s a balance of privacy and safety. I think spying makes us less safe. do you agree?

Intelligence agencies do have a role to play, and the people at the working level at the NSA, CIA, or any other member of the IC are not out to get you. They’re good people trying to do the right thing, and I can tell you from personal experience that they were worried about the same things I was.

The people you need to watch out for are the unaccountable senior officials authorizing these unconstitutional programs, and unreliable mechanisms like the secret FISA court, a rubber-stamp authority that approves 99.97% of government requests (which denied only 11 requests out of 33,900 in 33 years http://www.motherjones.com/mojo/2013/06/fisa-court-nsa-spying-opinion-reject-request. They’re the ones that get us into trouble with the Constitution by letting us go too far.

And even the President now agrees our surveillance programs are going too far, gathering massive amounts of private records on ordinary Americans who have never been suspected of any crime. This violates our constitutional protection against unlawful searches and seizure. Collecting phone and email records for every American is a waste of money, time and human resources that could be better spent pursuing those the government has reason to suspect are a serious threat.

I’m going to stop here. My deepest thanks to everyone who sent questions, and whether or not we agree on where the lines should be drawn, I encourage you to contact your members of congress and tell them how you feel about mass surveillance. This is a global problem, and the first step to tackling it is by working together to fix it at home.

If you’d like to more ideas on how to push back against unconstitutional surveillance, consider taking a look at the organizations working together to organize https://thedaywefightback.org/. [..]

@LukasReuter #AskSnowden How should the community of states react to the new information concerning surveillance? What actions have to be made?

We need to work together to agree on a reasonable international norm for the limitations on spying. Nobody should be hacking critical-to-life infrastructure like hospitals and power stations, and it’s fair to say that can be recognized in international law.

Additionally, we need to recognize that national laws are not going to solve the problem of indiscriminate surveillance. A prohibition in Burundi isn’t going to stop the spies in Greenland. We need a global forum, and global funding, committed to the development of security standards that enforce our right to privacy not through law, but through science and technology. The easiest way to ensure a country’s communications are secure is to secure them world-wide, and that means better standards, better crypto, and better research. [..]

@RagBagUSA #AskSnowden what (in your opinion) is the appropriate extent of US national security apparatus? Surely some spying is needed?

Not all spying is bad. The biggest problem we face right now is the new technique of indiscriminate mass surveillance, where governments are seizing billions and billions and billions of innocents’ communication every single day. This is done not because it’s necessary – after all, these programs are unprecedented in US history, and were begun in response to a threat that kills fewer Americans every year than bathtub falls and police officers – but because new technologies make it easy and cheap.

I think a person should be able to dial a number, make a purchase, send an SMS, write an email, or visit a website without having to think about what it’s going to look like on their permanent record. Particularly when we now have courts, reports from the federal government, and even statements from Congress making it clear these programs haven’t made us any more safe, we need to push back.

This is a global problem, and America needs to take the lead in fixing it. If our government decides our Constitution’s 4th Amendment prohibition against unreasonable seizures no longer applies simply because that’s a more efficient means of snooping, we’re setting a precedent that immunizes the government of every two-bit dictator to perform the same kind of indiscriminate, dragnet surveillance of entire populations that the NSA is doing.

It’s not good for our country, it’s not good for the world, and I wasn’t going to stand by and watch it happen, no matter how much it cost me. The NSA and the rest of the US Intelligence Community is exceptionally well positioned to meet our intelligence requirements through targeted surveillance – the same way we’ve always done it – without resorting to the mass surveillance of entire populations.

When we’re sophisticated enough to be able to break into any device in the world we want to (up to and including Angela Merkel’s phone, if reports are to be believed), there’s no excuse to be wasting our time collecting the call records of grandmothers in Missouri. [..]

@savagejen Do you think it is possible for our democracy to recover from the damage NSA spying has done to our liberties? #AskSnowden

Yes. What makes our country strong is our system of values, not a snapshot of the structure of our agencies or the framework of our laws. We can correct the laws, restrain the overreach of agencies, and hold the senior officials responsible for abusive programs to account.

The Russian government has extended Mr. Snowden’s asylum beyond next August, possibly indefinitely.

The lawmaker, Aleksei K. Pushkov, chairman of the foreign affairs committee in Russia’s lower house of Parliament, hinted during a panel discussion that the extension of temporary refugee status for Mr. Snowden, the former National Security Agency contractor, might be indefinite.

“He will not be sent out of Russia,” Mr. Pushkov said. “It will be up to Snowden.”

He added that Mr. Snowden’s father believes his son could not get a fair trial in the United States.

Mr. Pushkov made his comments came against a backdrop of broad criticism of the American spying programs that have come to light since the summer. He pointed to the sheer volume of information that American authorities are able to gather.

“The U.S. has created a Big Brother system,” Mr. Pushkov said.

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.