Excellent discussion here, Amy Goodman interviewing Julian Assange of Wikileaks. This addresses an issue that repeatedly occurs to me: Unless we can know what the spy agencies are actually doing, how can we know that any legislative enactments are having any effect at all? Even if Congress passed a law stating that the NSA should cease collecting any information about any person in the absence of probable cause and a warrant, how could we possibly know that the NSA is obeying that law. Even if the NSA is sued, how do we know that the NSA would honestly comply with subpoenas or discovery?
Here is an excerpt from the interview:
AMY GOODMAN: Before we get to Germany and what you’ve revealed there, I want to stay with the U.S. for a minute, because President Obama famously said that the debate over privacy and surveillance would have been had without Edward Snowden. Can you respond to that?
JULIAN ASSANGE: Oh, I think it’s obvious to everyone that that is false. How can you have a debate with secret interpretations of the law? How can you debate them? They’re secret. Similarly, what are the actual actions that are occurring, not just in policy, but what is actually happening? What are these bureaucracies actually doing? If you don’t know, how can you possibly have the debate? Information is classified, no debate is possible.
Brilliant framing of a complex topic by John Oliver. Why should people care about NSA spying on American citizens? This video combines interviews with people on the street with an in-person discussion between John Oliver and Edward Snowden in Russian. The reframing: dick pics.
Hypocrisy is not a beautiful thing, though sometimes it is a tiny bit gratifying. Rolling Stone reports. My favorite is #8:
8. The CIA was so angered by the Senate having its hands on the Panetta Review that it spied on the work of its Senate overseers.
[O]n January 15, 2014, CIA Director [John] Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search” – that was John Brennan’s word – of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the “stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.
According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it.
Instead, the CIA just went and searched the committee’s computers.
StopWatching.us is a coalition of more than 100 public advocacy organizations and companies from across the political spectrum. Join the movement at https://rally.stopwatching.us. This video harnesses the voices of celebrities, activists, legal experts, and other prominent figures in speaking out against mass surveillance by the NSA. Please share widely to help us spread the message that we will not stand for the dragnet surveillance of our communications.
The Electronic Frontier Foundation (EFF) is a nonprofit civil liberties law and advocacy center that has been fighting the NSA’s unconstitutional spying for years. Learn more at https://eff.org.
Glenn Greenwald recently left The Guardian to begin a new journalistic enterprise, which has now launched. The mission statement of The Intercept is as follows:
The Intercept, a publication of First Look Media, was created by Glenn Greenwald, Laura Poitras, and Jeremy Scahill. It has a two-fold mission: one short-term, the other long-term.
Our short-term mission is to provide a platform to report on the documents previously provided by NSA whistleblower Edward Snowden. Although we are still building our infrastructure and larger vision, we are launching now because we believe we have a vital obligation to this ongoing and evolving story, to these documents, and to the public.
Our NSA coverage will be comprehensive, innovative and multi-faceted. We have a team of experienced editors and journalists devoted to the story. We will use all forms of digital media for our reporting. In addition, we will publish primary source documents on which our reporting is based. We will also invite outside experts with area knowledge to contribute to our reporting, and provide a platform for commentary and reader engagement.
Our long-term mission is to produce fearless, adversarial journalism across a wide range of issues. The editorial independence of our journalists will be guaranteed. They will be encouraged to pursue their passions, cultivate a unique voice, and publish stories without regard to whom they might anger or alienate. We believe the prime value of journalism is its power to impose transparency, and thus accountability, on the most powerful governmental and corporate bodies, and our journalists will be provided the full resources and support required to do this.
While our initial focus will be the critical work surrounding the NSA story, we are excited by the opportunity to grow with our readers into the broader and more comprehensive news outlet that the The Intercept will become.
President Obama kicked off a meek and week NSA reform effort. The EFF has described what real reform would involve. [Reposted with creative commons permission by the EFF):
1. Stop mass surveillance of digital communications and communication records.
It doesn’t matter what legal authority is being cited—whether it’s the Patriot Act, the FISA Amendments Act, or an executive order—the government should not be sweeping up massive amounts of information by and about innocent people first, then sorting out whether any of its targets are included later. The NSA has disingenuously argued that simply acquiring this data isn’t actually “collecting” and that no privacy violation can take place unless the information it stores is actually seen by a human or comes up through an automated searches of what it has collected. That’s nonsense. The government’s current practices of global dragnet surveillance constitute general warrants that violate the First and Fourth Amendments, and fly in the face of accepted international human rights laws. Obama needs to direct the NSA to engage only in targeted surveillance and stop its programs of mass surveillance, something he can do with a simple executive order.
2. Protect the privacy rights of foreigners.
The NSA’s surveillance is based upon the presumption that foreigners are fair game, whether their information is collected inside the US or outside the US. But non-suspect foreigners shouldn’t have their communications surveilled any more than non-suspect Americans. The review group recommended limited protections for non-US persons and while that is a good start, the president should do more to ensure that actual suspicion is required before either targeted or untargeted surveillance of non-US persons.
3. Don’t turn communications companies into the new Big Brother: no data retention mandate.
Obama’s review group recommended ending the NSA’s telephone records program, which we strongly agree with, but then indicated that a reasonable substitute would be to force American communications companies to store the data themselves and make it available to the government. The group ultimately recommended a data retention mandate if companies won’t comply voluntarily. But companies shouldn’t be pressed into becoming the NSA’s agents by keeping more data than they need or keeping it longer than they need to. To the contrary, companies should be working on ways to store less user data for less time—decreasing the risks from data breaches and intrusions like the one that just happened to Target. Data retention heads in the wrong direction for our security regardless of whether the government or private parties store the information.
4. National Security Letters need prior judicial review and should never be accompanied by a perpetual gag order.
One recommendation of the review group we heartily endorse is reining in National Security Letters. The FBI uses these letters to demand user data from communications service providers with no judicial review. Providers are forbidden from talking about receiving NSLs, which means the letters also serve as perpetual gag orders. EFF was successful in convincing a federal judge to strike down these NSLs last year. The case is on appeal but Obama can remedy the situation more quickly by instructing the FBI not to issue NSLs without prior judicial review, and to limit its use of gag orders.
5. Stop undermining Internet security, weakening encryption, and infiltrating companies.
Recent revelations show that the NSA is undermining Internet encryption, making us all less secure when we use technology. These practices include weakening standards, attacking technology companies, and preventing security holes from being fixed. As the president’s review group recognized, this has serious consequences for any industry that relies on digital security—finance, medicine, transportation, and countless others, along with anyone in the world who relies on safe, private communication. Obama should follow the recommendations of his review group and immediately stop the NSA’s efforts to undermine or weaken the security of our technologies.
Is there anyone out there still defending the NSA and criticizing Edward Snowden? The NSA is thoroughly corrupt. Why the fuck do they think that law abiding citizens put locks on our doors and carefully employ passwords when we use our devices on the internet? This is arrogant and illegal activity–just because their big budget has allowed them to invade our privacy ubiquitously doesn’t make it legal. Hundreds or thousands of NSA operatives should be escorted out in handcuffs, starting with those at the top. Consider today’s report by Der Spiegel–it is a detailed article filled with red flags:
Sometimes it appears that the [NSA’s] spies are just as reliant on conventional methods of reconnaissance as their predecessors.
Take, for example, when they intercept shipping deliveries. If a target person, agency or company orders a new computer or related accessories, for example, TAO can divert the shipping delivery to its own secret workshops. The NSA calls this method interdiction. At these so-called “load stations,” agents carefully open the package in order to load malware onto the electronics, or even install hardware components that can provide backdoor access for the intelligence agencies. All subsequent steps can then be conducted from the comfort of a remote computer.
These minor disruptions in the parcel shipping business rank among the “most productive operations” conducted by the NSA hackers, one top secret document relates in enthusiastic terms. This method, the presentation continues, allows TAO to obtain access to networks “around the world.”