Tag: privacy

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.

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

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

“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

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

In the case of the NSA’s scooping up and storing all that private data, they ran into a glitch, too much information makes the job of surveillance harder

The volume of NSA contacts collection is so high that it has occasionally threatened to overwhelm storage repositories, forcing the agency to halt its intake with “emergency detasking” orders. Three NSA documents describe short-term efforts to build an “across-the-board technology throttle for truly heinous data” and longer-term efforts to filter out information that the NSA does not need.

Spam has proven to be a significant problem for NSA – clogging databases with data that holds no foreign intelligence value. The majority of all e-mails, one NSA document says, “are SPAM from ‘fake’ addresses and never ‘delivered’ to targets.”

In fall 2011, according to an NSA presentation, the Yahoo account of an Iranian target was “hacked by an unknown actor,” who used it to send spam. The Iranian had “a number of Yahoo groups in his/her contact list, some with many hundreds or thousands of members.”

The cascading effects of repeated spam messages, compounded by the automatic addition of the Iranian’s contacts to other people’s address books, led to a massive spike in the volume of traffic collected by the Australian intelligence service on the NSA’s behalf.

After nine days of data-bombing, the Iranian’s contact book and contact books for several people within it were “emergency detasked.”

LOL. The NSA has a spam problem.

Meanwhile, the head of the NSA, Gen. Keith Alexander has had to admit to the Senate Intelligence Committee that he lied back in June about those 54 terrorists plots he claimed were “thwarted” by the agency’s phone surveillance program.

Alexander admitted that only 13 of the 54 cases were connected to the United States. He also told the committee that only one or two suspected plots were identified as a result of bulk phone record collection.

Leahy was not happy. “We’re told we have to (conduct mass phone surveillance) to protect us, and the statistics are rolled out that they’re not accurate,” he said. “It doesn’t have the credibility here in the Congress, it doesn’t have the credibility with this chairman and it doesn’t have the credibility with the country.”

Over at the Wall Street Journal, in an op-ed behind a paywall, the committee chair, Sen Dianne Feinstein trotted out the old “9/11 be very afraid” canard and repeated the debunked Alexander lie.

Consider the case of 9/11 hijacker Khalid al-Mihdhar, who was being watched by the CIA while he was in Malaysia. U.S. intelligence agencies failed to connect the dots before the attack to recognize that al-Mihdhar had flown with (future) hijacker Nawaf al-Hazmi to Los Angeles in January 2000.

Intelligence officials knew about an al Qaeda safe house in Yemen with ties to al-Mihdhar as well as the safe house’s telephone number, but they had no way of knowing if anyone inside the U.S. was in contact with that phone number in Yemen. Only after 9/11 did we learn that al-Mihdhar, while living in San Diego, had called the safe house. [..]

Working in combination, the call-records database and other NSA programs have aided efforts by U.S. intelligence agencies to disrupt terrorism in the U.S. approximately a dozen times in recent years, according to the NSA. This summer, the agency disclosed that 54 terrorist events have been interrupted-including plots stopped and arrests made for support to terrorism. Thirteen events were in the U.S. homeland and nine involved U.S. persons or facilities overseas. Twenty-five were in Europe, five in Africa and 11 in Asia.

Can everyone say say Richard Clark.

At Techdirt, Mike Masnick points out none of what Sen. Feinstein said is true:

First off, as has been explained over and over again, the intelligence community already had certain tools in place to discover such phone calls. The problem wasn’t that they didn’t have the information — they did. It was that they failed to “connect the dots.” In other words, they had too much information which obscured the important information they needed. [..]

Note the all important “and other NSA programs” language here. Also the use of “terrorist events” not plots. And, remember, those “thirteen events… in the U.S. homeland,” have since been whittled down to only one that actually relied on the call records program that she’s defending — and that wasn’t a terrorist plot but a cab driver in San Diego sending some cash to a Somali group judged to be a terrorist organization.

So, we have elected representatives and high paid appointees blatantly lying and getting away with it to protect their turf with no one is holding them accountable,

Cross posted from The Stars Hollow Gazette

In Russia, NSA whistleblower Edward Snowden appeared in public for the first time since he was grated asylum by the Russian government. He met with other whistleblowers and activists to receive the Sam Adams Award for Integrity in Intelligence.

RT News interviewed whistleblowers and activists Jesselyn Radack, Thomas Andrews Drake, Ray McGovern and Coleen Rowley in their studio after the award was presented.

Cross posted from The Stars Hollow Gazette

NSA whistleblower Edward Snowden’s words were entered as testimony at the European Parliament’s Civil Liberties Committee in Brussels on Monday.

Jesselyn Radack of the US Government Accountability Project (GAP) and a former whistleblower and ethics adviser to the US Department of Justice, read Snowden’s statement into the record.

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Transcript can be read here.