NSA Lawsuit tracker
This NSA Lawsuit tracker by ProPublica will help you keep track of the growing number of suits against the NSA.
This NSA Lawsuit tracker by ProPublica will help you keep track of the growing number of suits against the NSA.
Democracy Now's Amy Goodman led a discussion also involving Chris Hedges and Geoffrey Stone, law professor at the University of Chicago Law School. Hedges supports the disclosure of government secrets to the press by people of conscience where the secrets are disclosed to the press. Stone indicates that what Edward Snowden disclosed was clearly a crime and he should be prosecuted, although the government needs to reevaluate the scope of its surveillance state. Fascinating conversation. My own position is quite close to Hedges on this issue, but I also believe that citizen journalism should be regarded as comparable to mainstream journalism in terms of protection offered from prosecution for engaging with whistle-blowers to discuss what they believe to be government wrong-doing. Elevating citizen journalists (I aspire to assume that role) to the category of the press, of course, means that any whistle-blower could talk to any blogger about any government secret and yet be protected from prosecution. This is a thorny issue, but one where work-arounds seem possible, especially given Stone's alternative. Stone argues that where government is acting inappropriate in realms involving classified information, the leakers should be prosecuted, even in situations involving grave government injustice. The press is immune from prosecution in this situation, based on the Pentagon Papers case. Stone's position is deeply unsettling, however, because the issue today is out-of-control government surveillance. This rampant spying, including on reporters and sources, means that there won't be any more revelations of government wrongdoing by the press. The current situation amounts to shutting down the press, meaning that the public will be kept in the dark. Stone's "solution" for this is that government should seek internal solutions to its own injustices, in the dark. Stone asserts this to be a solution despite his earlier statements that governments are strongly motivated in the direction of NOT finding true solutions, but rather in maintaining and aggregating power over the citizens. My challenge to Professor Stone, then would be to offer a real long-term solutions. He pulls out the threat of terrorism card near then end of the discussion to justify what apparently amounts to the status quo approach (prosecute whistle-blowers who talk to the press, which Hedges argues will destroy the press). Hedges further disparages the concern with terrorism, indicating that terrorists communicate off the grid, meaning that the Surveillance State's victims are ordinary people. [Note: This discussion occurred prior to more recent disclosures that the U.S. government is collecting far more than metadata] Here is an excerpt from the discussion:
CHRIS HEDGES: Well, what we’re really having a debate about is whether or not we’re going to have a free press left or not. If there are no Snowdens, if there are no Mannings, if there are no Assanges, there will be no free press. And if the press—and let’s not forget that Snowden gave this to The Guardian. This was filtered through a press organization in a classic sort of way whistleblowers provide public information about unconstitutional, criminal activity by their government to the public. So the notion that he’s just some individual standing up and releasing stuff over the Internet is false. But more importantly, what he has exposed essentially shows that anybody who reaches out to the press to expose fraud, crimes, unconstitutional activity, which this clearly appears to be, can be traced and shut down. And that’s what’s so frightening. So, we are at a situation now, and I speak as a former investigative reporter for The New York Times, by which any investigation into the inner workings of government has become impossible. That’s the real debate.
Common Dreams recently published a video in which Edward Snowden elaborates on his concerns and motivations for exposing the NSA. The following quote stood out: "The structures of power that exist are working to their own ends to extend their capabilities at the expense of the freedom of all publics." Related news: From Democracy Now (Amy Goodman interview of Glenn Greenwald): "The reason that Edward Snowden came forward, the reason that we’re reporting on this so aggressively, is because—and this is not hyperbole in any way; it’s a purely accurate description—the NSA is in the process, in total secrecy, with no accountability, of constructing a global, ubiquitous surveillance system that has as its goal the elimination of privacy worldwide, so that there can be no electronic communications—by telephone, Internet, email, chat—that is beyond the reach of the United States government. They are attempting to collect and store and monitor all of it, and that they can invade it at any time they want, no matter who you are or where you are on the planet. This has very profound implications for the kind of world in which we live, for the kind of relationship the United States has to the rest of the world, the way in which individuals feel free to communicate with one another, use the Internet. And that, I think, is why the story is resonating as much as it is." Regarding recent revelations by the NYT that secret U.S. court ruling are sweeping in scope: "What you actually have is a completely warped and undemocratic institution, this court that meets in complete secrecy, where only the government is allowed to attend. And unlike previously, when it really was confined to just issuing individual warrants about particular targets of terrorism, it is now issuing sweeping, broad opinions defining the contours of our constitutional liberties, of the Fourth Amendment, of the government’s power to spy on us—and it’s all being done in secret. What kind of a country has a court that defines the Constitution in total secrecy and forces us to live under truly secret law in which the government can do all sorts of things to us that we’re not even aware of, that it’s claiming the right to do and being given the power to do it?"
I'm a lawyer and I'd like to study U.S. surveillance court rulings, but I can't, and you can't either, because court rulings are secret. Our massively opaque government (all three branches) has truly become Kafkaesque. So much for the People running this country. The NYT reports:
In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage and cyberattacks, officials say. The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny, according to current and former officials familiar with the court’s classified decisions.
This is an excerpt from a mass emailing I received from Rep. Alan Grayson:
Host John Fugelsang: So with Edward Snowden's travels much in the news, you've offered an amendment that I wish were getting as much attention as what country he's landing in. An amendment to end NSA spying on Americans, called the 'Mind Your Own Business Act.' Sir, what's in it? Congressman Alan Grayson: What's in it is a prohibition against the Department of Defense collecting information about Americans on American soil, unless they can show that you're involved in a terrorist conspiracy, or unless they're investigating a violation of the Uniform Code of Military Justice. That draws the line where the line has been since the 1870s, and the passage of the Posse Comitatus Act. Now the Department of Defense has obliterated that line, by collecting information on every single telephone call that every American makes, forever. John: This seems to me [to be] the kind of act that would get support from true liberals and true conservatives alike. What kind of support is your act getting now? Alan: Well it's too early to say, but there's been tremendous support from the public. Over 20,000 people have already come to our website, MindYourOwnBusinessAct.com, and signed our citizen petition to pass the act. I think over time that will snowball. I think we'll see hundreds of thousands of people eventually, and I think we'll see more and more Members of Congress understand the simple principle that's involved here: That [this] kind of spying does not make us safer, and it is beneath our dignity as Americans. John: And last week the President rejected comparisons between his administration and Bush-Cheney, or I guess I should say Cheney-Bush, on domestic spying. Do you agree with Barack Obama that there's nothing in common? Alan: Uh, no, I don't agree with that. Actually there's been a continuous spying on the American citizens through these programs, the two programs that Snowden disclosed, apparently going back at least [since] 2007. One of the documents that he disclosed indicates that Microsoft, which operates the Hotmail e-mail program, joined this NSA program in 2007. John: And do you think he gets that, sir? Do you think he's aware of how unpopular these programs are? Alan: No, I don't. And I think that that itself is a disturbing element to this. I think that the so-called 'intelligence community' has the President's ear, and no one else does. Virtually everybody that I know immediately recognizes how silly and pointless it is to spy on every person's conversation, to get information on who is talking to whom, when, and for how long. And ultimately, most people begin to understand the threat involved. The fact is that there is now a [government] record of every telephone call made in America, going back to Alexander Graham Bell, apparently. And the threat involved is what Snowden has called 'turnkey tyranny.' The fact is that someone else after Barack Obama, let's say President Louie Gohmert, can come along and use all that information to make life in America miserable for all Americans.