Six recent NSA false statements documented
Propublica has organized and analyzed six recent government statements regarding the NSA that all appear to be lies.
Propublica has organized and analyzed six recent government statements regarding the NSA that all appear to be lies.
At the U.K. Guardian, Yochai Benkler writes that the trial of Bradley Manning is about much more than Manning's freedom. And it's about much more than Wikileaks.
[T]his case is about national security journalism, not WikiLeaks. At Monday's argument in preparation for Thursday's ruling, the judge asked the prosecution to confirm: does it make any difference if it's WikiLeaks or any other news organization: New York Times, Washington Post, or Wall Street Journal? The prosecution answered: "No, it would not. It would not potentially make a difference."There are a lot of Americans who immediately write off Manning as a criminal because he leaked "secret" information (many of those people have never bothered to watch "Collateral Murder," a small but vivid and highly disturbing part of Manning's leak. How typical is this of the "fight for freedom" that has been waged in our names? We wouldn't know, because the information that has come from Iraq over the years is carefully filtered by the American military American press. In woeful ignorance, many Americans fail to see that Manning's trial is about the right of Americans's to be informed about what goes on in their name, informed enough to engage in meaningful discussion and informed enough to vote intelligently.
Leak-based journalism is not the be-all-and-end-all of journalism. But ever since the Pentagon Papers, it has been a fraught but critical part of our constitutional checks in national defense. Nothing makes this clearer than the emerging bipartisan coalition of legislators seeking a basic reassessment of NSA surveillance and Fisa oversight following Edward Snowden's leaks. National defense is special in both the need for, and dangers of, secrecy. As Justice Stewart wrote in the Pentagon Papers case, the press is particularly important in national defense because it is there that the executive is most powerful, and the other branches weakest and most deferential:In the absence of the governmental checks and balances present in other areas of our national life, the only effective restraint upon executive policy and power in the areas of national defense and international affairs may lie in an enlightened citizenry – in an informed and critical public opinion which alone can here protect the values of democratic government. For this reason, it is perhaps here that a press that is alert, aware, and free most vitally serves the basic purpose of the first amendment. For without an informed and free press, there cannot be an enlightened people.
I wonder if American children in civics classes are taught about the secret courts of America? Glenn Greenwald on Democracy Now.
That might be the most amazing thing about all of this, is that we have a secret court that meets in complete secrecy, with only the government present, and this court is issuing rulings that define what our constitutional rights are. How can you have a democracy in which your rights are determined in total secrecy by a secret court issuing 80-page rulings about what rights you have as a citizen? It is Orwellian and absurd. And I think one of the reforms that will come and is coming from our reporting is that a lot more light is going to be shined on the shenanigans that have been taking place within that court.And after we teach them about our secret courts, we are just getting warmed up. Civics classes should also include lessons that our phone companies are happy accomplices to spying on their customers:
We’ve known for a long time that the telecoms—AT&T, Sprint, Verizon—are completely in bed with the United States government. Remember, the scandal of the NSA in the Bush years was that—not just that the Bush administration was eavesdropping on the calls of Americans without the warrants required by law, but also that the telecoms were vigorously cooperating in that program and turning over full and unfettered access to the telephone calls and records of millions of their customers even though there was no legal basis for doing so. And, in fact, the telecoms were on the verge of losing in court and being sued successfully by millions of their customers that they had violated their civil rights and also that they had violated their privacy rights and broken the law, criminally and civilly. And it was only because the Congress stepped in, with the leadership of both political parties, and retroactively immunized the telecoms. But the telecom industry makes massive profits on their extreme cooperation with these—with the NSA to allow all kinds of unfettered access to the communications of their customers. And so, the telecoms are the last people that want transparency brought to their cooperation with the NSA, because that would really shock people to learn just how untrustworthy those companies are when it comes to protecting the privacy of their customers’ communications.What else is our government up to? That Snowden has created some sort of "dead man's switch" - whereby documents get released in the event that he is killed by the US government - was previously reported weeks ago, and Snowden himself has strongly implied much the same thing. That doesn't mean he thinks the US government is attempting to kill him - he doesn't - just that he's taken precautions against all eventualities, including that one (just incidentally, the notion that a government that has spent the last decade invading, bombing, torturing, rendering, kidnapping, imprisoning without charges, droning, partnering with the worst dictators and murderers, and targeting its own citizens for assassination would be above such conduct is charmingly quaint). Teach the children the truth. If you dare.
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.
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.