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What Excuse Remains for Obama’s Failure to Close GITMO? June 3, 2014

Posted by rogerhollander in Barack Obama, Constitution, War on Terror.
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Roger’s note: One is reminded of Richard Nixon’s famous “if the president does it, it’s not illegal.”

 

close_gitmo

Individuals and organizations like Witness Against Torture and the Center for Constitutional Rights have never wavered in their demand that Obama close the offshore prison in Guantanamo and put an end to the practice of indefinite detention. (Image: CCR)

The excuse-making on behalf of President Obama has always found its most extreme form when it came time to explain why he failed to fulfill his oft-stated 2008 election promise to close Guantanamo. As I’ve documented many times, even the promise itself was misleading, as it became quickly apparent that Obama — even in the absence of congressional obstruction — did not intend to “close GITMO” at all but rather to re-locate it, maintaining its defining injustice of indefinite detention.

But the events of the last three days have obliterated the last remaining excuse. In order to secure the release of American POW Sgt. Bowe Bergdahl, the Obama administration agreed to release from Guantanamo five detainees allegedly affiliated with the Taliban. But as even stalwart Obama defenders such as Jeffery Toobin admit, Obama “clearly broke the law” by releasing those detainees without providing Congress the 30-day notice required by the 2014 defense authorization statute (law professor Jonathan Turley similarly observed that Obama’s lawbreaking here was clear and virtually undebatable).

The only conceivable legal argument to justify this release is if the Obama White House argues that the law does not and cannot bind them. As documented by MSNBC’s Adam Serwer – who acknowledges that “when it comes to the legality of the decision [critics] have a point” – Obama has suggested in the past when issuing signing statements that he does not recognize the validity of congressional restrictions on his power to release Guantanamo detainees because these are decisions assigned by the Constitution solely to the commander-in-chief (sound familiar?). Obama’s last signing statement concluded with this cryptic vow: “In the event that the restrictions on the transfer of Guantanamo detainees in sections 1034 and 1035 operate in a manner that violates constitutional separation of powers principles, my Administration will implement them in a manner that avoids the constitutional conflict.”

Obama defenders seem to have two choices here: either the president broke the law in releasing these five detainees, or Congress cannot bind the commander-in-chief’s power to transfer detainees when he wants, thus leaving Obama free to make those decisions himself. Which is it?

Both Serwer and a new Washington Post article this morning note the gross and obvious hypocrisy of Obama and his Democratic loyalists now using Article-II-über-alles signing statements to ignore congressionally enacted laws relating to the War on Terror. Quoting an expert on signing statements, the Post – referencing Obama’s Bush-era condemnation of signing statements — sums up much of the last six years of political events in the US: “Senator Obama had a very different view than President Obama.”

But the eagerness of many Democrats to radically change everything they claimed to believe as of January 20, 2009 is far too familiar and well-documented at this point to be worth spending much time on. Far more significant are the implications for Obama’s infamously unfulfilled pledge to close Guantanamo.

The sole excuse now offered by Democratic loyalists for this failure has been that Congress prevented him from closing the camp. But here, the Obama White House appears to be arguing that Congress lacks the authority to constrain the President’s power to release detainees when he wants. What other excuse is there for his clear violation of a law that requires 30-day notice to Congress before any detainees are released?

But once you take the position that Obama can override — i.e., ignore — Congressional restrictions on his power to release Guantanamo detainees, then what possible excuse is left for his failure to close the camp? As Jason Leopold notes in an astute article at Al Jazeera, this week’s episode “has led one human rights organization to question why the Obama administration has not acted to transfer dozens of other detainees who have been cleared for release for many years.” He added:

Raha Wala, an attorney with Human Rights First, told Al Jazeera if the administration can make the argument that the five Taliban detainees are transferrable “without any significant problems under the congressionally imposed transfer restrictions” then certainly “the same argument can be made for the detainees who have already been cleared for release.”

Obama defenders seem to have two choices here: either the president broke the law in releasing these five detainees, or Congress cannot bind the commander-in-chief’s power to transfer detainees when he wants, thus leaving Obama free to make those decisions himself. Which is it?

Pulitzer Vindicates: Snowden Journalists Win Top Honor April 15, 2014

Posted by rogerhollander in Civil Liberties, Media, Whistle-blowing.
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Roger’s note: I don’t know why, but somehow I don’t expect that this vindication of Edward Snowden’s bravery will not get much play in the mainstream media, so I am posting it here.  As some of the comments on the Common Dreams web site have pointed out, there has been no or  little mention of those who made great sacrifices and paid a price for speaking out, such as Chelsea Manning (it is reported today that the General in charge of her kangaroo court martial has affirmed her 35 year sentence) and Julian Assange (held prisoner indefinitely in London’s Ecuadorian Embassy).  These should not be forgotten.

 

Guardian and Washington Post each honored with Pulitzer for Public Service

- Lauren McCauley, staff writer

Ewen MacAskill, Glenn Greenwald and Laura Poitras in Hong Kong to meet NSA whistleblower Edward Snowden on June 10, 2013. (Photo by Laura Poitras)

The Washington Post and the Guardian/US were both awarded one of journalism’s top honors on Monday—the Pulitzer Prize for Public Service— for their separate but related reporting on the NSA’s widespread surveillance documents leaked by NSA whistleblower Edward Snowden.

Journalists Glenn Greenwald, Laura Poitras and Ewen MacAskill from the Guardian and the Washington Post’s Barton Gellman sent shock waves across the globe for their reporting on the leaks—eliciting responses from citizens and governments alike and spurring a new era of backlash against government intrusion.

Following news of the honor, Snowden released a statement thanking the Pulitzer committee for recognizing those involved in the NSA reporting. He wrote:

Today’s decision is a vindication for everyone who believes that the public has a role in government. We owe it to the efforts of the brave reporters and their colleagues who kept working in the face of extraordinary intimidation, including the forced destruction of journalistic materials, the inappropriate use of terrorism laws, and so many other means of pressure to get them to stop what the world now recognizes was work of vital public importance.

This decision reminds us that what no individual conscience can change, a free press can. My efforts would have been meaningless without the dedication, passion, and skill of these newspapers, and they have my gratitude and respect for their extraordinary service to our society. Their work has given us a better future and a more accountable democracy.

The Pulitzer committee awarded the prize to the publications for their “revelation[s] of widespread secret surveillance by the National Security Agency,” specifying that the Guardian, “through aggressive reporting,” helped “to spark a debate about the relationship between the government and the public over issues of security and privacy.” They credited the Post for their “authoritative and insightful reports that helped the public understand how the disclosures fit into the larger framework of national security.”

The Guardian team broke the first report on the NSA’s collection of Verizon phone records and Gellman, with help from Poitras, reported on the wide-ranging surveillance program known as “PRISM.” In addition to Greenwald, Poitras, MacAskill and Gellman—who are primarily credited for the NSA revelations—a number of other reporters working at the publications also contributed to the reporting that followed.

Following the announcement, many hailed the selection as a vindication of the actions of both the journalists and the whistleblower, a number of whom have been threatened for their work and are forced to remain in exile for fear of persecution by the U.S. government.

“The stories that came out of this completely changed the agenda on the discussion on privacy and the NSA,” David Remnick, editor of The New Yorker, said prior to the announcement. “There’s an enormous public good in that, and it’s yet to be proven at all that somehow did great damage to national security.”

“I can’t imagine a more appropriate choice for a Pulitzer Prize,” New York University media studies professor Mark Miller told AFP. Miller said that the winning team of reporters did what “American journalists are supposed to do, which is serve the public interest by shedding a bright light on egregious abuse of power by the government.”

“The real journalistic heroes in this country tend to be the mavericks, the eccentrics, those who dare to report stories that are often dismissed derisively as ‘conspiracy theory,'” Miller continued.

On Friday, Poitras and Greenwald returned to the U.S. for the first time since breaking the NSA stories to accept the prestigious George Polk Award for national security reporting.

During his acceptance speech for the George Polk award, Greenwald discussed the intimidation that both whistleblowers and journalists face.

“The only way to deal with threats,” he said, “is to just do the reporting as aggressively, if not more so, than you would absent those threats.”

_____________________

The Extraordinary Pierre Omidyar November 18, 2013

Posted by rogerhollander in Media, Poverty, Right Wing.
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Roger’s note: This is an incredible piece of investigative journalism.  When I first read that Glenn Greenwald (I sincerely hope he has or will read this article) was leaving The Guardian to enter into a new journalist project financed by eBay founder,  the billionaire Pierre Omidyar, my initial response was, “Glenn, say it isn’t so.”  This was based on instinct.  It just didn’t smell right.  The article you are about to read pinpoints the source of the odor.  Greenwald’s work as an investigative journalist, first with his own Blog, then with salon.com, and finally with the Guardian, even prior to the Snowden revelations, was of vital importance with respect to its exposing the crimes of the Bush and Obama administrations.  In a sense, the I.F. Stone of our day.  Even if Omidyar wasn’t the sleeze bucket neo-Liberal that is pictured by Ames and Levin, you don’t magically overnight create independent journalism via anyone’s big bucks.  Salon and The Guardian have roots and a history of journalistic development for which there is no substitute.  Apart from exposing Omidyar, this article is a clinic on the way the ultra and neo-fascist right is working to destroy what is left of the democratic public sector; and we know from Germany and Italy in the 1930s what to expect when private corporations are in total control of the state.

By Mark Ames, and Yasha Levin

http://www.nsfwcorp.com, 11:51 a.m. November 15, 2013

“We ought to be looking at business as a force for good.”Pierre Omidyar

“Like eBay, Omidyar Network harnesses the power of markets to enable people to tap their true potential.”Omidyar Network, “Frequently Asked Questions”

* * The world knows very little about the political motivations of Pierre Omidyar, the eBay billionaire who is founding (and funding) a quarter-billion-dollar journalism venture with Glenn Greenwald, Laura Poitras and Jeremy Scahill. What we do know is this: Pierre Omidyar is a very special kind of technology billionaire.

We know this because America’s sharpest journalism critics have told us.

In a piece headlined “The Extraordinary Promise of the New Greenwald-Omidyar Venture”, The Columbia Journalism Review gushed over the announcement of Omidyar’s project. And just in case their point wasn’t clear, they added the amazing subhead, “Adversarial muckrakers + civic-minded billionaire = a whole new world.”

Ah yes, the fabled “civic-minded billionaire”—you’ll find him two doors down from the tooth fairy.

But seriously folks, CJR really, really wants you to know that Omidyar is a breed apart: nothing like the Randian Silicon Valley libertarian we’ve become used to seeing.

“…billionaires don’t tend to like the kind of authority-questioning journalism that upsets the status quo. Billionaires tend to have a finger in every pie: powerful friends they don’t want annoyed and business interests they don’t want looked at.

“By hiring Greenwald & Co., Omidyar is making a clear statement that he’s the billionaire exception….It’s like Izzy Stone running into a civic-minded plastics billionaire determined to take I.F. Stone’s Weekly large back in the day.”

Later, the CJR “UPDATED” the piece with this missing bit of “oops”:

“(UPDATE: I should disclose that the Omidyar Network helps fund CJR, something I didn’t know until shortly after I published this post.)”

No biggie. Honest mistake. And anyway, plenty of others rushed to agree with CJR’s assessment. Media critic Jack Shafer at Reuters described Omidyar’s politics and ideology as “close to being a clean slate,” repeatedly praising the journalism venture’s and Omidyar’s “idealism.” The “NewCo” venture with Greenwald “harkens back to the techno-idealism of the 1980s and 1990s, when the first impulse of computer scientists, programmers, and other techies was to change the world, not make more money,” Shafer wrote, ending his piece:

“As welcome as Omidyar’s money is, his commitment to the investigative form and an open society is what I’m grateful for this afternoon. You can never uphold the correct verdict too often.”

What all of these orgasmic accounts of Omidyar’s “idealism” have in common is a total absence of skepticism. America’s smartest media minds simply assume that Omidyar is an “exceptional” billionaire, a “civic-minded billionaire” driven by “idealism” rather than by profits. The evidence for this view is Pierre Omidyar’s massive nonprofit venture, Omidyar Network, which has distributed hundreds of millions of dollars to causes all across the world.

And yet what no one seems able to specify is exactly what ideology Omidyar Network promotes. What does Omidyar’s “idealism” mean in practice, and is it really so different from the non-idealism of other, presumably bad, billionaires? It’s almost as if journalists can’t answer those questions because they haven’t bothered asking them.

So let’s go ahead and do that now.

Since its founding in 2004, Omidyar Network has committed nearly $300 million to a range of nonprofit and for-profit “charity” outfits. An examination of the ideas behind the Omidyar Network and of the investments it has made suggests that its founder is anything but a “different” sort of billionaire. Instead, what emerges is almost a caricature of neoliberal ideology, complete with the trail of destruction that ensues when that ideology is put into practice. The generous support of the Omidyar Network goes toward “fighting poverty” through micro-lending, reducing third-world illiteracy rates by privatizing education and protecting human rights by expanding property titles (“private property rights”) into slums and villages across the developing world.

In short, Omidyar Network’s philanthropy reveals Omidyar as a free-market zealot with an almost mystical faith in the power of “markets” to transform the world, end poverty, and improve lives—one micro-individual at a time.

All the neoliberal guru cant about solving the world’s poverty problems by unlocking the hidden “micro-entrepreneurial” spirit of every starving Third Worlder is put into practice by Omidyar Network’s investments. Charity without profit motive is considered suspect at best, subject to the laws of unintended consequences; good can only come from markets unleashed, and that translates into an ideology inherently hostile to government, democracy, public politics, redistribution of land and wealth, and anything smacking of social welfare or social justice.

In literature published by Omidyar Network, the assumption is that technology is an end in itself, that it naturally creates beneficial progress, and that the world’s problems can be solved most effectively with for-profit business solutions.

The most charitable thing one can say about Omidyar’s nonprofit network is that it reflects all the worst clichés of contemporary neoliberal faith. In reality, it’s much worse than that. In many regions, Omidyar Network investments have helped fund programs that create worsening conditions for the world’s underclass, widening inequalities, enhancing exploitation, pushing millions of people into crippling debt and supporting anti-poverty programs that, in some cases, resulted in mass-suicide by the rural poor.

* * Pierre Omidyar was one of the biggest early backers of the for-profit micro-lending industry. Through Omidyar Network, as well as personal gifts and investments, he has funnelled around $200 million into various micro-lending companies and projects over the past decade, with the goal of establishing an investment-grade microfinance sector that would be plugged into Wall Street and global finance. The neoliberal theory promised to unleash billions of new micro-entrepreneurs; the stark reality is that it saddled untold numbers with crushing debt and despair.

One of his first major investments into micro-lending came in 2005, when Pierre Omidyar and his wife Pam gave Tufts University, their alma mater, $100 million to create the “Omidyar-Tufts Microfinance Fund,” a managed for-profit fund dedicated to jump-starting the growth of the micro-finance industry. At the time, Tufts announced that Omidyar’s gift was the “largest private allocation of capital to microfinance by an individual or family.”

With the Tufts fund, Omidyar wanted to go beyond mere charitable donations to specific micro-lending organizations that targeted the developing world’s poorest. At the same time, he wanted to create a whole new environment in which for-profit micro-lending companies could be self-sustaining and generate big enough profits to attract serious global investors.

This idea was at the core of Omidyar’s vision of philanthropy: he believed that microfinance would eradicate poverty faster and better if it was run on a for-profit basis, and not like a charity.

“If you want to reach global scale — and we’re talking about hundreds of millions of people who need this — you can’t do it with philanthropy capital. There’s not enough charity capital out there. By connecting with an institutional investor like a university, we would like to increase the level of professional investor involvement in this sector to try to stimulate more commercially viable investment products,” Pierre Omidyar said in an interview at the time. “We ought to be looking at business as a force for good.”

The idea behind micro-loans is very simple and seductive. It goes something like this: the only thing that prevents the hundreds of millions of people living in extreme poverty from achieving financial success is their lack of access to credit. Give them access to micro-loans—referred to in Silicon Valley as “seed capital”—and these would-be successful business-peasants and illiterate shantytown entrepreneurs would pluck themselves out of the muck by their own homemade sandal straps. Just think of it: hundreds of millions of peasants working as micro-individuals, taking out micro-loans, making micro-rational investments into their micro-businesses, dutifully paying their micro-loan payments on time and working in concert to harness the deregulated power of the markets to collectively lift society out of poverty. It’s a grand neoliberal vision.

To that end, Omidyar has directed about a third of the Omidyar Network investment fund—or about $100 million—to support the micro-lending industry. The foundation calls this initiative “financial inclusion.”

Shockingly, micro-loans aren’t all that they’ve cracked up to be. After years of observation and multiple studies, it turns out that the people benefiting most from micro-loans are the big global financial players: hedge funds, banks and the usual Wall Street hucksters. Meanwhile, the majority of the world’s micro-debtors are either no better off or have been sucked into a morass of crippling debt and even deeper poverty, which offers no escape but death.

Take SKS Microfinance, an Omidyar-backed Indian micro-lender whose predatory lending practices and aggressive collection tactics have caused a rash of suicides across India.

Omidyar funded SKS through Unitus, a microfinance private equity fund bankrolled by the Omidyar Network to the tune of at least $11.7 million. ON boosted SKS in its promotional materials as a micro-lender that’s “serving the rural poor in India” and that exemplifies a company that’s providing “people with the means to address their needs and improve their lives.”

In 2010, SKS made headlines and stirred up bitter controversy about the role that profits should play in anti-poverty initiatives when the company went public with an IPO that generated about $358 million, giving SKS a market valuation of more than $1.6 billion. The IPO made millions for its wealthy investors, including the Omidyar-backed Unitus fund, which earned a cool $5 million profit from the SKS IPO, according to the Puget Sound Business Journal.

Some were bothered, but others saw it as proof that the power of the markets could be harnessed to succeed where traditional charity programs supposedly hadn’t. The New York Times reported:

“An Indian company with rich American backers is about to raise up to $350 million in a stock offering closely watched by philanthropists around the world, showing that big profits can be made from small helping-hand loans to poor cowherds and basket weavers.”

Controversy or not, SKS embodied Omidyar’s vision of philanthropy: it was a for-profit corporation that fought poverty while generating lucrative returns for its investors. Here would be proof-positive that the profit motive makes everyone a winner.

And then reality set in.

In 2012, it emerged that while the SKS IPO was making millions for its wealthy investors, hundreds of heavily indebted residents of India’s Andhra Pradesh state were driven to despair and suicide by the company’s cruel and aggressive debt-collection practices. The rash of suicides soared right at the peak of a large micro-lending bubble in Andhra Pradesh, in which many of the poor were taking out multiple micro-loans to cover previous loans that they could no longer pay. It was subprime lending fraud taken to the poorest regions of the world, stripping them of what little they had to live on. It got to the point where the Chief Minister of Andrah Pradesh publicly appealed to the state’s youth and young women not to commit suicide, telling them, “Your lives are valuable.”

The AP conducted a stunning in-depth investigation of the SKS suicides, and their reporting needs to be quoted at length to understand just how evil this program is. The article begins:

“First they were stripped of their utensils, furniture, mobile phones, televisions, ration cards and heirloom gold jewelry. Then, some of them drank pesticide. One woman threw herself in a pond. Another jumped into a well with her children.

“Sometimes, the debt collectors watched nearby.”

What prompted the AP investigation was the gulf between the reported rash of suicides linked to SKS debt collectors, and SKS’s public statements denying it had knowledge of or any role in the predatory lending abuses. However, the AP got a hold of internal SKS documents that contradicted their public denials:

“More than 200 poor, debt-ridden residents of Andhra Pradesh killed themselves in late 2010, according to media reports compiled by the government of the south Indian state. The state blamed microfinance companies – which give small loans intended to lift up the very poor – for fueling a frenzy of overindebtedness and then pressuring borrowers so relentlessly that some took their own lives.

“The companies, including market leader SKS Microfinance, denied it.

“However, internal documents obtained by The Associated Press, as well as interviews with more than a dozen current and former employees, independent researchers and videotaped testimony from the families of the dead, show top SKS officials had information implicating company employees in some of the suicides.”

The AP investigation and internal reports showed just how brutal the SKS microfinancing program was, how women were particularly targeted because of their heightened sense of shame and community responsibility—here is the brutal reality of financial capitalism compared to the utopian blather mouthed at Davos conferences, or in the slick pamphlets issued by the Omidyar Network:

“Both reports said SKS employees had verbally harassed over-indebted borrowers, forced them to pawn valuable items, incited other borrowers to humiliate them and orchestrated sit-ins outside their homes to publicly shame them. In some cases, the SKS staff physically harassed defaulters, according to the report commissioned by the company. Only in death would the debts be forgiven.

“The videos and reports tell stark stories:

“One woman drank pesticide and died a day after an SKS loan agent told her to prostitute her daughters to pay off her debt. She had been given 150,000 rupees ($3,000) in loans but only made 600 rupees ($12) a week.

“Another SKS debt collector told a delinquent borrower to drown herself in a pond if she wanted her loan waived. The next day, she did. She left behind four children.

“One agent blocked a woman from bringing her young son, weak with diarrhea, to the hospital, demanding payment first. Other borrowers, who could not get any new loans until she paid, told her that if she wanted to die, they would bring her pesticide. An SKS staff member was there when she drank the poison. She survived.

“An 18-year-old girl, pressured until she handed over 150 rupees ($3)—meant for a school examination fee—also drank pesticide. She left a suicide note: ‘Work hard and earn money. Do not take loans.'”

As a result of the bad press this scandal caused, the Omidyar Network deleted its Unitus investment from its website—nor does Omidyar boast of its investments in SKS Microfinance any longer. Meanwhile, Unitus mysteriously dissolved itself and laid off all of its employees right around the time of the IPO, under a cloud of suspicion that Unitus insiders made huge personal profits from the venture, profits that in theory were supposed to be reinvested into expanding micro-lending for the poor.

Thus spoke the profit motive.

Curiously, in the aftermath of the SKS micro-lending scandal, Omidyar Network was dragged into another political scandal in India when it was revealed that Omidyar and the Ford Foundation were placing their own paid researchers onto the staffs of India’s MPs. The program, called Legislative Assistants to MPs (LAMPs), was funded with $1 million from Omidyar Network and $855,000 from the Ford Foundation. It was shut down last year after India’s Ministry of Home Affairs complained about foreign lobbying influencing Indian MPs, and promised to investigate how Omidyar-funded research for India’s parliament may have been “colored” by an agenda.

But SKS is not the only microfinancing investment gone bad. The biggest and most reputable micro-lenders, including those funded by the Omidyar Network, have come under serious and sustained criticism for predatory interest rates and their aggressive debt-collection techniques.

Take BRAC, another big beneficiary of Omidyar’s efforts to boost “financial inclusion.”

Started in the early 1970s as a war relief organization, BRAC has grown into the largest non-governmental organization in the world. It employs over 100,000 people in countries across the globe. While BRAC is known mostly for its micro-lending operation activities, the outfit is a diversified nonprofit business operation. It is involved in education, healthcare and even develops its own hybrid seed varieties. Much of BRAC’s operations are financed by its micro-lending activities.

Omidyar Network praises BRAC for its work to “empower the poor to improve their own lives,” and has given at least $8 million to help BRAC set up micro-lending banking infrastructure in Liberia and Sierra Leone.

But BRAC seems to worry more about its own bottom line than it does about the well-being of its impoverished borrowers, the majority of whom are women and who pay an average annual interest rate of 40 percent.

This twisted sense of priority could be seen after one of the worst cyclones in the history of Bangladesh left thousands dead in 2007, destroying entire villages and towns in its path. In the cyclone’s wake, the Omidyar-funded BRAC micro-lending debt collectors showed up at the disaster zone along with other micro-lenders, and went to work aggressively shaking down borrowers, forcing some victims (mostly women) to go so far as to sell their relief/aid materials, or to take out secondary loans to pay off the first loans.

According to a study about micro-lenders in the aftermath of Cyclone Sidr:

“Sidr victims who lost almost everything in the cyclone, experienced pressure and harassment from non­governmental organisations (NGOs) for repayment of microcredit instalments. Such intense pressure led some of the Sidr­affected borrowers to sell out the relief materials they received from different sources. Such pressure for loan recovery came from large organisations such as BRAC, ASA and even the Nobel Prize winning organisation Grameen Bank.

“Even the most severely affected people are expected to pay back in a weekly basis, with the prevailing interest rate. No system of ‘break’ or ‘holiday’ period is available in the banks’ current charter. No exceptions are made during a time of natural calamity. The harsh rules practised by the microcredit lender organisations led the disaster affected people even selling their relief assistance. Some even had to sell their leftover belongings to pay back their weekly instalments.”

These tactics may be harsh, but they pay off for micro-lenders. And it’s a lucrative operation: BRAC primarily targets women, offers loans with predatory interest rates and uses traditional values and close village relationships to shame and pressure borrowers into selling and doing whatever they can to make their weekly payments. It works. Loan recovery rates for the industry average between 95 and 98 percent. For BRAC, that rate was a comfy 99.3 percent.

So do predatory micro-loans really help lift the world’s poorest people out of poverty? Neoliberal ideology says they do — and the Omidyar Network represents one of the purest distillations of that ideology put into practice in the poorest and most vulnerable parts of the world.

As Cambridge University economics professor Ha-Joon Chang argued, saying of micro-lending:

“[It] constitutes a powerful institutional and political barrier to sustainable economic and social development, and so also to poverty reduction. Finally, we suggest that continued support for microfinance in international development policy circles cannot be divorced from its supreme serviceability to the neoliberal/globalization agenda.”

Omidyar Network has followed the same disastrous neoliberal script in other areas of investment, particularly its investments into privatizing public schools in the US and in poor regions of Africa.

One of the earliest Omidyar investments went to an online private charity website for needy public schools here in the US. As David Sirota wrote, huge billionaire foundations and corporations have been holding children hostage by starving public-school funding and replacing it with “charity” money from the likes of the Wal-Mart Foundation, Bill and Melinda Gates Foundation and Broad Foundation. We can add the Omidyar Network to this list as well.

Omidyar’s foundation invested in the same idea, but with a web 2.0 crowd-source twist: DonorsChoose.org allows individuals to pledge amounts as small as $10, and allows school teachers to get online asking for small sums to help their classrooms. The end result, of course, is that it normalizes the continued strangling of public schools and the sense that only private funding can save education.

Omidyar poured millions into DonorsChoose and organized donations from other Silicon Valley donors. At first, most public school teachers didn’t see the angle; many used the resource to raise funds for their own classrooms.

It wasn’t until DonorsChoose announced its partnership with the anti-public-education film “Waiting For Superman” that teachers realized they’d been duped. The movie promoted the myth that education could only be saved by the likes of Tea Party-backed school “reform” advocate Michelle Rhee. Teachers organized a boycott of DonorsChoose after the Omidyar-funded group announced it was essentially bribing its members with a $15 gift certificate to anyone who bought tickets for “Waiting for Superman.”

Two years later, DonorsChoose partnered and promoted yet another right-wing teacher-bashing propaganda film, “Won’t Back Down.”

Overseas, the Omidyar Network is embarking on a school privatization program that will make DonorsChoose look like Mother Theresa’s handiwork. Omidyar provided seed capital for a new Africa-based for-profit private school enterprise for the poor called Bridge International. In 2009, ON gave Bridge a total of $1.8 million; Matt Bannick, the top figure (managing partner) in the Omidyar Network, sits on Bridge International’s board of directors.

Bridge International’s first schools are being built in Kenya, and are slated to expand across the sub-Sahara, hoping to rope millions of poor African kids into its schools. Bridge’s strategic partner is the for-profit education giant, Pearson. Diane Ravitch, former US Assistant Secretary of Education and critic of school “reform” efforts, has warned about Pearson’s near-monopolistic power influencing the privatization of American education (see Ravitch’s article“The Pearsonization of the American Mind.”)

The idea behind Bridge International is to provide a franchised “school in a box” model under which each school teaches the exact same curriculum at the exact same time to every student. Teachers are given minimal training—they’re merely required to teach according to the script given to them and read out to their students, scripts delivered through Nook tablets. Students pay $5 a month—a lot for each student in areas as poor as sub-Saharan Africa. Currently one new Bridge International school is opening every 2.5 days around Kenya, overtaking public education—with plans to expand further.

It sounds like a good idea, but the problem is that Bridge’s business model has a very narrow set of supporters, namely: free-market think-tanks, the global for-profit education industry and proponents of a neoliberal utopia who want to defund public education and replace it with private schooling. Bridge is only a few years old, but criticism of its educational model is already piling up—even from centrist pro-business thinktanks like the Brookings Institution. Even at $4 or $5 a month, Bridge’s “low cost” education is too expensive for many in the developing world, forcing children to go to work and making families choose between buying food and paying for education. Naturally, food wins out. And that simply means that many children can’t afford to go school, which only increases and reinforces stratification and inequality.

The fight against illiteracy requires free, quality education that’s available to all children. What it doesn’t need is a bunch of neoliberal techno-disruptors who want to turn education into a for-profit industry that provides schooling only to those who can afford it. And anyway, the very notion that you can squeeze enough profit from millions of the poorest children in the world to attract mega venture capital, while providing quality education is absurd. That profit money is extracted from the very people Bridge is supposedly trying to help.

Still think that Pierre Omidyar is a “different” type of billionaire? Still convinced he’s a one-of-a-kind “civic-minded” idealist?

Then you might want to ask yourself why Omidyar is so smitten by the ideas of an economist known as “The Friedrich Hayek of Latin America.” His name is Hernando de Soto and he’s been adored by everyone from Milton Friedman to Margaret Thatcher to the Koch brothers. Omidyar Network poured millions of nonprofit dollars into subsidizing his ideas, helping put them into practice in poor slums around the developing world.

In February 2011, the Omidyar Network announced a hefty $4.96 million grant to a Peru-based free-market think tank, the Institute for Liberty & Democracy (ILD).

Perhaps no single investment by Omidyar more clearly reveals his orthodox neoliberal vision for the world—and what constitutes “civic-mindedness”—than his support for the ILD and its founder and president, Hernando De Soto, whom the ON has tapped to participate in other Omidyar-sponsored events.

De Soto is a celebrity in the world of neoliberal/libertarian gurus. He and his Institute for Liberty & Democracy are credited with popularizing a free-market version of Third World land reform and turning it into policy in city slums all across the developing world. Whereas “land reform” in countries like Peru—dominated by a tiny handful of landowning families—used to mean land redistribution, Hernando De Soto came up with a counter-idea more amenable to the Haves: give property title to the country’s poor masses, so that they’d have a secure and legal title to their shanties, shacks, and whatever land they might claim to live on or own.

De Soto’s pitch essentially comes down to this: Give the poor masses a legal “stake” in whatever meager property they live in, and that will “unleash” their inner entrepreneurial spirit and all the national “hidden capital” lying dormant beneath their shanty floors. De Soto claimed that if the poor living in Lima’s vast shantytowns were given legal title ownership over their shacks, they could then use that legal title as collateral to take out microfinance loans, which would then be used to launch their micro-entrepreneurial careers. Newly-created property holders would also have a “stake” in the ruling political and economic system. It’s the sort of cant that makes perfect sense to the Davos set (where De Soto is a star) but that has absolutely zero relevance to problems of entrenched poverty around the world.

Since the Omidyar Network names “property rights” as one of the five areas of focus, it’s no surprise that Omidyar money would eventually find its way into Hernando De Soto’s free-market ideas mill. In 2011, Omidyar not only gave De Soto $5 million to advance his ideas—he also tapped De Soto to serve as a judge in an Omidyar-sponsored competition for projects focused on improving property rights for the poor. The more you know about Hernando De Soto, the harder it is to see Omidyar’s financial backing as “idealistic” or “civic-minded.”

For one thing, De Soto is the favorite of the very same billionaire brothers who play villains to Omidyar’s supposed hero—yes, the reviled Koch brothers. In 2004, the libertarian Cato Institute (neé “The Charles Koch Foundation”) awarded Hernando De Soto its biannual “Milton Friedman Prize”—which comes with a hefty $500,000 check—for “empowering the poor” and “advancing the cause of liberty.” De Soto was chosen by a prize jury consisting of such notable humanitarians as former Pinochet labor minister Jose Piñera, Vladimir Putin’s economic advisor Andrei Illarionov, Washington Post neoconservative columnist Anne Applebaum, FedEx CEO Fred Smith, and Milton Friedman’s wife Rosie. Milton was in the audience during the awards ceremony; he heartily approved.

Indeed, Hernando De Soto is de facto royalty in the world of neoliberal-libertarian gurus—he’s been called “The Friedrich von Hayek of Latin America,” not least because Hayek launched De Soto’s career as a guru more than three decades ago.

So who is Hernando De Soto, where do his ideas come from, and why might Pierre Omidyar think him deserving of five million dollars — ten times the amount the Koch Brothers awarded him?

De Soto was born into an elite “white European” family in Peru, who fled into exile in the West following Peru’s 1948 coup—his father was the secretary to the deposed president. Hernando spent most of the next 30 years in Switzerland, getting his education at elite schools, working his way up various international institutions based in Geneva, serving as the president of a Geneva-based copper cartel outfit, the International Council of Copper Exporting Countries, and working as an official in GATT (General Agreement on Trade and Tariffs).

De Soto didn’t return to live in Peru until the end of the 1970s, to oversee a new gold placer mining company he’d formed with a group of foreign investors. The mining company’s profits suffered due to Peru’s weak property laws and almost non-existent cultural appreciation of property title, especially among the country’s poor masses—De Soto’s investors pulled out of the mining venture after visiting the company’s gold mines and seeing hundreds of peasants panning on the company’s concessions. That experience inspired De Soto to change Peruvians’ political assumptions regarding property rights. Rather than start off by trying to convince them that foreign mining firms should have exclusive rights to gold from traditionally communal Peruvian lands, De Soto came up with a clever end-around idea: giving property title to the masses of Peru’s poor living in the vast shanties and shacks in the slums of Lima and cities beyond. It was a long-term strategy to alter cultural expectations about property and ownership, thereby improving the investment climate for mining companies and other investors. The point was to align the masses’ assumptions about property ownership with those of the banana republic’s handful of rich landowning families.

In 1979, De Soto organized a conference in Peru’s capital Lima, featuring Milton Friedman and Friedrich von Hayek as speakers and guests. At the time, both Friedman and Hayek were serving as key advisors to General Augusto Pinochet’s “shock therapy” program in nearby Chile, an economic experiment that combined libertarian market policies with concentration camp terror.

Two years after De Soto’s successful conference in Lima, in 1981, Hayek helped De Soto set up his own free-market think tank in Lima, the “Institute for Liberty and Democracy” (ILD). The ILD became the first of a large international network of right-wing neoliberal think tanks connected to the Mother Ships—Cato Institute, Heritage Foundation, and Britain’s Institute for Economic Affairs, Margaret Thatcher’s go-to think tank. By 1983, De Soto’s Institute was also receiving heavy funding from Reagan’s Cold War front group, the National Endowment for Democracy, which promoted free-market think tanks and programs around the world, and by the end of Reagan decade, De Soto produced his first manifesto, “The Other Path”—a play on the name of Peru’s Maoist guerrilla group, Shining Path, then fighting a bloody war for power. But whereas the Shining Path’s political program called for nationalizing and redistributing property, most of which was in the hands of a few rich families, De Soto’s “Other Path” called for maintaining property distribution as it was, and legalizing its current structure by democratizing property titles, the pieces of paper with the stamps. Everyone would become a micro-oligarch and micro-landowner under this scheme…

With help and funding from US and international institutions, De Soto quickly became a powerful political force behind the scenes. In 1990, De Soto insinuated himself into the inner circle of newly-elected president Alberto Fujimori, who quickly turned into a brutal dictator, and is currently serving a 25-year prison sentence for crimes against humanity, murder, kidnapping, and illegal wiretapping.

Under De Soto’s influence, Fujimori’s politics suddenly changed; almost overnight, the populist Keynsian candidate became the free-market authoritarian “Chinochet” he governed as. As Fujimori’s top advisor, Hernando De Soto was the architect of so-called “Fujishock” therapy applied to Peru’s economy. Officially, De Soto served as Fujimori’s drug czar from 1990-1992, an unusual role for an economist given the fact that Peru’s army was fighting a brutal war with Peru’s powerful cocaine drug lords. At the time Peru was the world’s largest cocaine producer; as drug czar, Hernando De Soto therefore positioned himself as the point-man between Peru’s military and security services, America’s DEA and drug czar under the first President Bush, and Peru’s president Alberto Fujimori. It’s the sort of position that you’d want to have if you wanted “deep state” power rather than mere ministerial power.

During those first two years when De Soto served under Fujimori, human rights abuses were rampant. Fujimori death squads—with names like the “Grupo Colina”—targeted labor unions and government critics and their families. Two of the worst massacres committed under Fujimori’s reign, and for which he was later jailed, took place while De Soto served as his advisor and drug czar.

The harsh free-market shock-therapy program that De Soto convinced Fujimori to implement resulted in mass misery for Peru. During the two years De Soto served as Fujimori’s advisor, real wages plunged 40%, the poverty rate rose to over 54% of the population, and the percentage of the workforce that was either unemployed or underemployed soared to 87.3%.

But while the country suffered, De Soto’s Institute for Liberty and Democracy—the outfit that Omidyar gave $5 million to in 2011—thrived: its staff grew to over 100 as funds poured in. A World Bank staffer who worked with the ILD described it as,

“a kind of school for the country. Most of the important ministers, lawyers, journalists, and economists in Peru are ILD alumni.”

In 1992, Fujimori orchestrated a constitutional coup, disbanding Peru’s Congress and its courts, and imposing emergency rule-by-decree. It was another variation of the same Pinochet blueprint.

Just before Fujimori’s coup, De Soto indemnified himself by officially resigning from the cabinet. However in the weeks and months after the coup, De Soto provided crucial PR cover, downplaying the coup to the foreign press. For instance, De Soto told the Los Angeles Times that the public should temper their judgment of Fujimori’s coup:

“You’ve got to see this as the trial and error of a president who’s trying to find his way.”

In the New York Times, De Soto spun the coup as willed by the people, the ultimate democratic politics:

“People are fed up, fed up…[Fujimori] has attacked two hated institutions at just the right time. There is an enormous need to believe in him.”

Years later, Fujimori’s notorious spy chief Vladimiro Montesinos testified to Peru’s Congress that De Soto helped mastermind the 1992 coup. De Soto denied involvement; but in 2011, two years after Fujimori was jailed for crimes against humanity, De Soto joined the presidential campaign for Keiko Fujimori, the jailed dictator’s daughter and leader of Fujimori’s right-wing party. Keiko Fujimori ran on a platform promising to free her father from prison if she won; De Soto spent much of the campaign red-baiting her opponent as a Communist. That led Peru’s Nobel Prize-winning author Mario Vargas Llosa to denounce De Soto as a “fujimontesenista” with “few democratic credentials.”

So in the same year that De Soto was trying to put the daughter of Peru’s Pinochet in power and to spring the dictator from prison, Omidyar Network awarded him $5 million.

It was during Fujimori’s dictatorial emergency rule, from 1992-94, that De Soto rolled out a property-title pilot program in Lima, in which 200,000 households were given formal title. In 1996, Fujimori implemented De Soto’s property-titling program on a national scale, with help from the World Bank and a new government property agency staffed by people from De Soto’s Institute for Liberty and Democracy. By 2000, the magical promise of an explosion in bank credits to all the new micro-property owners never materialized; in fact, there was no noticeable difference in bank lending to the poor whatsoever, whether they had property title or not.

The World Bank and the project’s neoliberal supporters led by Hernando De Soto were not happy with data showing no uptick in lending, which threatened to unravel the entire happy theory behind property titling as the answer to Third World poverty. De Soto was in the process of peddling the same property-titling program to countries around the world; data was needed to justify the program. So the World Bank funded a new study in Peru in the early 2000s, and discovered something startling: In homes that had formal property titles, the parents in those homes spent up to 40% more time outside of their homes than they did before they were given title. De Soto took that statistic and argued that it was a good thing because it proved giving property title to homeowners made them feel secure enough to leave their shanties and shacks. The assumption was that in the dark days before shanty dwellers had legal titles, they were too scared to leave their shacks lest some other savage steal it from them while they were out shopping.

No one ever conclusively explained why shanty parents were spending so much more time outside of their homes, but the important thing was that it made everyone forget the utter failure of the property title program’s core promise—that property titles would ignite micro-lending thanks to the collateral of the micro-entrepreneur’s micro-shack as collateral. Thanks to De Soto’s salesmanship and the backing of the world’s neoliberal nomenklatura — Bill Clinton called De Soto “the world’s greatest living economist” and he was praised by everyone from Milton Friedman to Vladimir Putin to Margaret Thatcher. The disappointing results in Peru were ignored, and De Soto’s program was extended to developing countries around the world including Egypt, Cambodia, the Philippines, Indonesia and elsewhere. And in nearly every case, De Soto’s Institute for Liberty and Democracy has taken the lead in advising governments and selling the dream of turning titled slum-dwellers into micro-entrepreneurs.

The real change brought by De Soto’s property-titling program has ranged from nil to nightmarish.

In Cambodia, where the World Bank implemented De Soto’s land-titling program in 2001, poor and vulnerable people in the capital Phnom Penh have suffered at the hands of land developers and speculators who’ve used arson, police corruption and violence to forcibly evict roughly 10% of the city’s population from their homes in more valuable districts, relocating them to the city outskirts.

An article in Slate titled “The De Soto Delusion” described what happened in Cambodia when the land-titling program was first implemented:

“In the nine months or so leading up to the project kickoff, a devastating series of slum fires and forced evictions purged 23,000 squatters from tracts of untitled land in the heart of Phnom Penh. These squatters were then plopped onto dusty relocation sites several miles outside of the city, where there were no jobs and where the price of commuting to and from central Phnom Penh (about $2 per day) surpassed whatever daily wage they had been earning in town before the fires. Meanwhile, the burned-out inner city land passed immediately to some of the wealthiest property developers in the country.”

De Soto and his Institute for Liberty and Democracy have advised property-title programs elsewhere too—Haiti, Dominican Republic, Panama, Russia—again with results ranging from nil to bad. Even where it doesn’t lead to mass evictions and violence, it has the effect of shifting a greater tax burden onto the poor, who end up paying more in property taxes, and of forcing them to pony up for costly filing fees to gain title, fees that they often cannot afford. Property title in and of itself—without a whole range of reforms in governance, corruption, education, income, wealth distribution and so on—is clearly no panacea. But it does provide an alternative to programs that give money to the poor and redistribute wealth, and that alone is a good thing, if you’re the type smitten by Hernando De Soto—as Omidyar clearly is.

Studies of property-titling programs in the slums of Brazil and Manila revealed that it created a new bitterly competitive culture and bifurcation, in which a small handful of titled slum dwellers quickly learn to benefit by turning into micro-slumlords renting out dwellings to lesser slum dwellers, who subsequently find themselves forced to pay monthly fees for their shanty rooms—creating an underclass within the underclass. De Soto has described these slums as “acres of diamonds”—wealth waiting to be unlocked by property titling—and his acolytes even coined a new acronym for slums: “Strategic Low-income Urban Management Systems.”

All of which begs the obvious question: If De Soto’s property-title program is such a proven failure in case after case, why is it so popular among the world’s political and business elites?

The answer is rather obvious: It offers a simple, low-cost, technocratic market solution to the problem of global poverty—a complex and costly problem that can only be alleviated by dedicating huge amounts of resources and a very different politics from the one that tells us that markets are god, markets can solve everything. Even before Omidyar committed $5 million to the dark plutocratic “idealism” De Soto represents, he was Tweeting his admiration for De Soto:

“Brilliant dinner with Hernando de Soto. Property rights underlie and enable everything.”

Indeed, property rights underlie and enable everything Omidyar wants to hear—but distract and divert from what the targets of those programs might actually need or be asking for.

Which brings us back to the wonderful words written about Pierre Omidyar last month: Where is the proof that he’s a “civic-minded” billionaire, a “different” billionaire, an “idealistic” billionaire who’s in it for ideals and not for profit? How is Omidyar any different from any other billionaire—when he is funding the same programs and pushing the same vision for the world backed by the Kochs, Soros, Gates, and every other neoliberal billionaire?

When you scratch the surface of his investments and get a sense of what sort of ideal world he’d like to make, it becomes clear that Omidyar is no different from his peers.

And the reason that matters, of course, is because Pierre Omidyar’s dystopian vision is merging with Glenn Greenwald’s and Laura Poitras’ monopoly on the crown jewels of the National Security Agency — the world’s secrets, our secrets — and using the value of those secrets as the capital for what’s being billed as an entirely new, idealistic media project, an idealism that the CJR and others promise will not shy away from taking on power.

The question, however, is what defines power to a neoliberal mind? We’re going to take a wild guess here and say: The State.

So brace yourself, you’re about to get something you’ve never seen before: billionaire-backed journalism taking on the power of the state. How radical is that? To quote “60 Minutes” producer Lowell Bergman:

“What has been adjudicated and established in the wake of Vietnam and the Civil Rights movement is the ability of the press to basically write or broadcast almost anything about the government.There’s very few restrictions in that way. It’s not true when we’re talking about private power, especially major Fortune 500 corporations, or people worth more than, say, a billion dollars.”

In other words: look out Government, you’re about to be pummeled by a crusading, righteous billionaire! And corporate America? Ah, don’t worry. Your dirty secrets—freshly transferred from the nasty non-profit hands of the Guardian to the aggressively for-profit hands of Pierre Omidyar—are safe with us.

The Revolutionaries in Our Midst November 11, 2013

Posted by rogerhollander in Democracy, Occupy Wall Street Movement, Whistle-blowing.
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Roger’s note: as with many of the articles I read on the Internet, readers’ comments are often a valuable source of opinion and ideas.  For the comments on this article, you can go to the source at:http://www.commondreams.org/view/2013/11/11-0.

 

 

NEW YORK—Jeremy Hammond sat in New York’s Metropolitan Correctional Center last week in a small room reserved for visits from attorneys. He was wearing an oversized prison jumpsuit. The brown hair of the lanky 6-footer fell over his ears, and he had a wispy beard. He spoke with the intensity and clarity one would expect from one of the nation’s most important political prisoners.

Jeremy Hammond is shown in this March 5, 2012 booking photo from the Cook County Sheriff’s Department in Chicago. (Photo: AP Photo/Cook County Sheriff’s Department))

On Friday the 28-year-old activist will appear for sentencing in the Southern District Court of New York in Manhattan. After having made a plea agreement, he faces the possibility of a 10-year sentence for hacking into the Texas-based private security firm Strategic Forecasting Inc., or Stratfor, which does work for the Homeland Security Department, the Marine Corps, the Defense Intelligence Agency and numerous corporations including Dow Chemical and Raytheon.

Four others involved in the hacking have been convicted in Britain, and they were sentenced to less time combined—the longest sentence was 32 months—than the potential 120-month sentence that lies before Hammond.

Hammond turned the pilfered information over to the website WikiLeaks and Rolling Stone and other publications. The 3 million email exchanges, once made public, exposed the private security firm’s infiltration, monitoring and surveillance of protesters and dissidents, especially in the Occupy movement, on behalf of corporations and the national security state. And, perhaps most important, the information provided chilling evidence that anti-terrorism laws are being routinely used by the federal government to criminalize nonviolent, democratic dissent and falsely link dissidents to international terrorist organizations. Hammond sought no financial gain. He got none.

The email exchanges Hammond made public were entered as evidence in my lawsuit against President Barack Obama over Section 1021 of the National Defense Authorization Act (NDAA). Section 1021 permits the military to seize citizens who are deemed by the state to be terrorists, strip them of due process and hold them indefinitely in military facilities. Alexa O’Brien, a content strategist and journalist who co-founded US Day of Rage, an organization created to reform the election process, was one of my co-plaintiffs. Stratfor officials attempted, we know because of the Hammond leaks, to falsely link her and her organization to Islamic radicals and websites as well as to jihadist ideology, putting her at risk of detention under the new law. Judge Katherine B. Forrest ruled, in part because of the leak, that we plaintiffs had a credible fear, and she nullified the law, a decision that an appellate court overturned when the Obama administration appealed it.

Freedom of the press and legal protection for those who expose government abuses and lies have been obliterated by the corporate state. The resulting self-exile of investigative journalists such as Glenn Greenwald, Jacob Appelbaum and Laura Poitras, along with the indictment of Barret Brown, illustrate this. All acts of resistance—including nonviolent protest—have been conflated by the corporate state with terrorism. The mainstream, commercial press has been emasculated through the Obama administration’s repeated use of the Espionage Act to charge and sentence traditional whistle-blowers. Governmental officials with a conscience are too frightened to reach out to mainstream reporters, knowing that the authorities’ wholesale capturing and storing of electronic forms of communication make them easily identifiable. Elected officials and the courts no longer impose restraint or practice oversight. The last line of defense lies with those such as Hammond, Julian Assange, Edward Snowden and Chelsea Manning who are capable of burrowing into the records of the security and surveillance state and have the courage to pass them on to the public. But the price of resistance is high.

“In these times of secrecy and abuse of power there is only one solution—transparency,” wrote Sarah Harrison, the British journalist who accompanied Snowden to Russia and who also has gone into exile, in Berlin. “If our governments are so compromised that they will not tell us the truth, then we must step forward to grasp it. Provided with the unequivocal proof of primary source documents people can fight back. If our governments will not give this information to us, then we must take it for ourselves.”

“When whistleblowers come forward we need to fight for them, so others will be encouraged,” she went on. “When they are gagged, we must be their voice. When they are hunted, we must be their shield. When they are locked away, we must free them. Giving us the truth is not a crime. This is our data, our information, our history. We must fight to own it. Courage is contagious.”

Hammond knows this contagion. He was living at home in Chicago in 2010 under a 7-a.m.-to-7-p.m. curfew for a variety of acts of civil disobedience when Chelsea (formerly Bradley) Manning was arrested for giving WikiLeaks secret information about military war crimes and government lies. Hammond at the time was running social aid programs to feed the hungry and send books to prisoners. He had, like Manning, displayed a remarkable aptitude for science, math and computer languages at a young age. He hacked into the computers at a local Apple store at 16. He hacked into the computer science department’s website at the University of Illinois-Chicago as a freshman, a prank that saw the university refuse to allow him to return for his sophomore year. He was an early backer of “cyber-liberation” and in 2004 started an “electronic-disobedience journal” he named Hack This Zine. He called on hackers in a speech at the 2004 DefCon convention in Las Vegas to use their skills to disrupt that year’s Republican National Convention. He was, by the time of his 2012 arrest, one of the shadowy stars of the hacktivist underground, dominated by groups such as Anonymous and WikiLeaks in which anonymity, stringent security and frequent changes of aliases alone ensured success and survival. Manning’s courage prompted Hammond to his own act of cyber civil disobedience, although he knew his chances of being caught were high.

“I saw what Chelsea Manning did,” Hammond said when we spoke last Wednesday, seated at a metal table. “Through her hacking she became a contender, a world changer. She took tremendous risks to show the ugly truth about war. I asked myself, if she could make that risk shouldn’t I make that risk? Wasn’t it wrong to sit comfortably by, working on the websites of Food Not Bombs, while I had the skills to do something similar? I too could make a difference. It was her courage that prompted me to act.”

Hammond—who has black-inked tattoos on each forearm, one the open-source movement’s symbol known as the “glider” and the other the shi hexagram from the I Ching—is steeped in radical thought. As a teenager, he swiftly migrated politically from the liberal wing of the Democratic Party to the militancy of the Black Bloc anarchists. He was an avid reader in high school of material put out by CrimethInc, an anarchist collective that publishes anarchist literature and manifestos. He has molded himself after old radicals such as Alexander Berkman and Emma Goldman and black revolutionaries such as George Jackson, Elaine Brown and Assata Shakur, as well as members of the Weather Underground. He said that while he was in Chicago he made numerous trips to Waldheim Cemetery to visit the Haymarket Martyrs Monument, which honors four anarchists who were hanged in 1887 and others who took part in the labor wars. On the 16-foot-high granite monument are the final words of one of the condemned men, August Spies. It reads: “The day will come when our silence will be more powerful than the voice you are throttling today.” Emma Goldman is buried nearby.

Hammond became well known to the government for a variety of acts of civil disobedience over the last decade. These ranged from painting anti-war graffiti on Chicago walls to protesting at the 2004 Republican National Convention in New York to hacking into the right-wing website Protest Warrior, for which he was sentenced to two years in the Federal Correctional Institute at Greenville, Ill.

Hammond spent months within the Occupy movement in Chicago. He embraced its “leaderless, non-hierarchical structures such as general assemblies and consensus, and occupying public spaces.” But he was highly critical of what he said were the “vague politics” in Occupy that allowed it to include followers of the libertarian Ron Paul, some in the tea party, as well as “reformist liberals and Democrats.” Hammond said he was not interested in any movement that “only wanted a ‘nicer’ form of capitalism and favored legal reforms, not revolution.” He remains rooted in the ethos of the Black Bloc.

“Being incarcerated has really opened my eyes to the reality of the criminal justice system,” he said, “that it is not a criminal justice system about public safety or rehabilitation, but reaping profits through mass incarceration. There are two kinds of justice—one for the rich and the powerful who get away with the big crimes, then for everyone else, especially people of color and the impoverished. There is no such thing as a fair trial. In over 80 percent of the cases people are pressured to plea out instead of exercising their right to trial, under the threat of lengthier sentences. I believe no satisfactory reforms are possible. We need to close all prisons and release everybody unconditionally.”

He said he hoped his act of resistance would encourage others, just as Manning’s courage had inspired him. He said activists should “know and accept the worst possible repercussion” before carrying out an action and should be “aware of mass counterintelligence/surveillance operations targeting our movements.” An informant posing as a comrade, Hector Xavier Monsegur, known online as “Sabu,” turned Hammond and his co-defendants in to the FBI. Monsegur stored data retrieved by Hammond on an external server in New York. This tenuous New York connection allowed the government to try Hammond in New York for hacking from his home in Chicago into a private security firm based in Texas. New York is the center of the government’s probes into cyber-warfare; it is where federal authorities apparently wanted Hammond to be investigated and charged.

Hammond said he will continue to resist from within prison. A series of minor infractions, as well as testing positive with other prisoners on his tier for marijuana that had been smuggled into the facility, has resulted in his losing social visits for the next two years and spending “time in the box [solitary confinement].” He is allowed to see journalists, but my request to interview him took two months to be approved. He said prison involves “a lot of boredom.” He plays chess, teaches guitar and helps other prisoners study for their GED. When I saw him, he was working on the statement, a personal manifesto, that he will read in court this week.

He insisted he did not see himself as different from prisoners, especially poor prisoners of color, who are in for common crimes, especially drug-related crimes. He said most inmates are political prisoners, caged unjustly by a system of totalitarian capitalism that has snuffed out basic opportunities for democratic dissent and economic survival.

“The majority of people in prison did what they had to do to survive,” he said. “Most were poor. They got caught up in the war on drugs, which is how you make money if you are poor. The real reason they get locked in prison for so long is so corporations can continue to make big profits. It is not about justice. I do not draw distinctions between us.”

“Jail is essentially enduring harassment and dehumanizing conditions with frequent lockdowns and shakedowns,” he said. “You have to constantly fight for respect from the guards, sometimes getting yourself thrown in the box. However, I will not change the way I live because I am locked up. I will continue to be defiant, agitating and organizing whenever possible.”

He said resistance must be a way of life. He intends to return to community organizing when he is released, although he said he will work to stay out of prison. “The truth,” he said, “will always come out.” He cautioned activists to be hyper-vigilant and aware that “one mistake can be permanent.” But he added, “Don’t let paranoia or fear deter you from activism. Do the down thing!”

Chris Hedges

Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America.  His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.

As Europe erupts over US spying, NSA chief says government must stop media October 28, 2013

Posted by rogerhollander in Civil Liberties, Constitution, Democracy, Media, Surveillance State, Whistle-blowing.
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With General Alexander calling for NSA reporting to be halted, US and UK credibility as guardians of press freedom is crushed

 

NSA director Gen Keith Alexander.

NSA Director General Keith Alexander, earlier this month. Photograph: Evan Vucci/AP

 

The most under-discussed aspect of the NSA story has long been its international scope. That all changed this week as both Germany and France exploded with anger over new revelations about pervasive NSA surveillance on their population and democratically elected leaders.

As was true for Brazil previously, reports about surveillance aimed at leaders are receiving most of the media attention, but what really originally drove the story there were revelations that the NSA is bulk-spying on millions and millions of innocent citizens in all of those nations. The favorite cry of US government apologists -–everyone spies! – falls impotent in the face of this sort of ubiquitous, suspicionless spying that is the sole province of the US and its four English-speaking surveillance allies (the UK, Canada, Australia and New Zealand).

There are three points worth making about these latest developments.

First, note how leaders such as Chancellor Angela Merkel reacted with basic indifference when it was revealed months ago that the NSA was bulk-spying on all German citizens, but suddenly found her indignation only when it turned out that she personally was also targeted. That reaction gives potent insight into the true mindset of many western leaders.

Second, all of these governments keep saying how newsworthy these revelations are, how profound are the violations they expose, how happy they are to learn of all this, how devoted they are to reform. If that’s true, why are they allowing the person who enabled all these disclosures – Edward Snowden – to be targeted for persecution by the US government for the “crime” of blowing the whistle on all of this?

If the German and French governments – and the German and French people – are so pleased to learn of how their privacy is being systematically assaulted by a foreign power over which they exert no influence, shouldn’t they be offering asylum to the person who exposed it all, rather than ignoring or rejecting his pleas to have his basic political rights protected, and thus leaving him vulnerable to being imprisoned for decades by the US government?

Aside from the treaty obligations these nations have to protect the basic political rights of human beings from persecution, how can they simultaneously express outrage over these exposed invasions while turning their back on the person who risked his liberty and even life to bring them to light?

Third, is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.

Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.

Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA’s director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):

The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of “selling” his agency’s documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden.

“I think it’s wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn’t make sense,” Alexander said in an interview with the Defense Department’s “Armed With Science” blog.

“We ought to come up with a way of stopping it. I don’t know how to do that. That’s more of the courts and the policy-makers but, from my perspective, it’s wrong to allow this to go on,” the NSA director declared. [My italics]

There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called “the first amendment”.

I’d love to know what ways, specifically, General Alexander has in mind for empowering the US government to “come up with a way of stopping” the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?

Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.

Worse Than Nixon? Committee to Protect Journalists Warns About Obama Crackdown on Press Freedom October 11, 2013

Posted by rogerhollander in Uncategorized.
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ROGER’S NOTE: THIS IS THE PRESIDENT WHO PROMISED MORE TRANSPARENCY IN GOVERNMENT.  THIS IS THE PRESIDENT WHO IS QUICK TO ACCUSE THE ECUADORIAN AND VENEZUELAN GOVERNMENTS OF SUPPRESSING FREEDOM OF THE PRESS.

http://www.democracynow.org, October 11, 2013

AMY GOODMAN: This is Democracy Now!, democracynow.org, The War and Peace Report, as we shift gears and turn to the first report on press freedom in the United States ever published by the Committee to Protect Journalists, which usually advocates for press freedoms overseas—and the news isn’t good. Titled “The Obama Administration and the Press,” the report looks at the many ways President Obama has ushered in a paralyzing climate of fear for both reporters and their sources. Among the cases it details, six government employees, plus two contractors, including Edward Snowden, have faced felony criminal prosecutions since 2009 under the 1917 Espionage Act for leaking classified information to the press, compared with just three prosecutions in all previous U.S. administrations. The Department of Justice has also secretly subpoenaed and seized Associated Press reporters’ phone logs and emails, and New York Times reporter James Risen was ordered to testify against a former CIA officer who provided leaked information to him, or Risen would go to jail.

The new report is written by Leonard Downie, former executive editor of The Washington Post. He spoke with dozens of journalists who told him officials are, quote, “reluctant to discuss even unclassified information … because they fear that leak investigations and government surveillance make it more difficult for reporters to protect them as sources.” It comes as Glenn Greenwald, columnist for Britain’s Guardian newspaper who is based in Brazil, and his partner David Miranda testified before a Brazilian Senate committee this week about his work with NSA whistleblower Edward Snowden, who remains in Russia while he’s wanted in the U.S. on espionage charges.

GLENN GREENWALD: [translated] In reality, there is a war against journalism and the process of transparency. And this war is with the government of the United States and its closest allies, mostly the British government. They are doing a lot of things against the freedom of press to hide this whole report, which generally the United States or English government say these things only happen in China or Iran or Russia, but now we can see that the United States government is doing these exact same things.

AMY GOODMAN: That of course wasn’t Glenn Greenwald’s voice that you mainly heard, because Glenn Greenwald was speaking Portuguese in the Brazilian hearing. This comes as the Obama administration seized the emails of Fox News reporter James Rosen as part of probes into the leaking of classified information. In May, President Obama said he made no apologies for seeking to crack down on leaks.

PRESIDENT BARACK OBAMA: Leaks related to national security can put people at risk. They can put men and women in uniform that I’ve sent into the battlefield at risk. They can put some of our intelligence officers, who are in various dangerous situations that are easily compromised, at risk. I make no apologies, and I don’t think the American people would expect me, as commander-in-chief, not to be concerned about information that might compromise their missions or might get them killed.

AMY GOODMAN: For more, we go to Washington, D.C., where we’re joined by Leonard Downie, former executive editor of The Washington Post, author of this new report, “The Obama Administration and the Press,” commissioned by the Committee to Protect Journalists. Leonard Downie’s 44 years at The Washington Post included overseeing much of its Watergate coverage. During the 17 years he served as executive editor, the paper won 25 Pulitzer Prizes. He’s now is a professor at the Walter Cronkite School of Journalism at Arizona State University.

Leonard Downie, welcome to Democracy Now! Talk about your findings, this comprehensive, first-time report of the Committee to Protect Journalists on press freedom here in the United States.

LEONARD DOWNIE JR.: I found that these leaks investigations and a program called the Insider Threat Program, instituted since the Bradley Manning leaks, that requires government employees to monitor each other to make sure that they’re not leaking information to anyone, including journalists, to have really frightened government officials. Many, many reporters that I interviewed here in Washington say that government officials are afraid to talk to them. They’re afraid that their telephone conversations and their email exchanges would be monitored. That is to say that investigators could come in later, as they did in several leaks investigations, and use their telephone and email records in order to find the contacts between government officials and reporters. So they’re simply scared to talk to reporters.

And this, this is not good, because—I just heard the president saying that he was concerned about the safety of our troops and our intelligence officers. It’s important that responsible, knowledgeable government officials be able to talk to reporters about these matters, so that, among other things, they can alert reporters to information that might be harmful to national security or harmful to human life, in which case no responsible news organization would publish those.

AMY GOODMAN: What were you most surprised by?

LEONARD DOWNIE JR.: I guess I was most surprised by—you know, I’m used to reporters complaining about access, because we all want more access than we can get all the time, and that’s understandable. But I was surprised by the pervasiveness of this administration’s control over the—over information, by how much it discourages leaks of all kinds and not just classified information leaks, and how much it does not allow for unauthorized contacts with the press, if it can help it, and how much it uses social media and other digital means—websites and so on—to put out a lot of its own story, a lot of its own information, that makes the administration look good, while restricting access to information that would hold the government accountable for its actions.

AMY GOODMAN: Leonard Downie, for this report you spoke with New York Times national security reporter Scott Shane—we also—

LEONARD DOWNIE JR.: Yes.

AMY GOODMAN: —just interviewed him—who said sources are now scared to death to even talk about unclassified, everyday issues. He said, quote, “There’s a gray zone between classified and unclassified information, and most sources were in that gray zone. Sources are now afraid to enter that gray zone,” Shane said. “It’s having a deterrent effect. If we consider aggressive press coverage of government activities being at the core of American democracy, this tips the balance heavily in favor of the government.” That was Scott Shane of The New York Times. Leonard Downie?

LEONARD DOWNIE JR.: Yes, that’s exactly what he told me. And this is exactly what I heard from dozens of reporters around Washington, from news executives, and even from some former government officials, who are concerned, as I said earlier, about the fact that there—that it’s important that knowledgeable reporters, like Scott Shane, who know so much about national security, and his editors, who can make good decisions about what to publish—if they’re cut off from this information, it’s important for them—but here’s a good example. Look at how much the administration has revealed now about the NSA surveillance program, only because Edward Snowden provided that information to the press. The press published it, and that forced the administration to make public information about this program that Americans ought to have so that they can make decisions about it.

AMY GOODMAN: In May, reporters asked President Obama whether his administration’s probe of the emails of Associated Press reporters and editors’ emails recalls President Richard Nixon’s targeting of the press when it attempted to block The New York Times from publishing the Pentagon Papers, the secret history of the Vietnam War leaked to the paper by whistleblower Dan Ellsberg. This is part of the exchange.

REPORTER: I’d like to ask you about the Justice Department.

PRESIDENT BARACK OBAMA: Mm-hmm.

REPORTER: Do you believe that the seizure of phone records from Associated Press journalists this week, or before, that was announced recently this week, was an overreach? And do you still have full confidence in your attorney general? Should we interpret yesterday’s renewed interest by the White House in a media shield law as a response to that? And more broadly, how do you feel about comparisons by some of your critics of this week’s scandals to those that happened under the Nixon administration?

PRESIDENT BARACK OBAMA: Well, yeah, I’ll let you guys engage in those comparisons. And you can go ahead and read the history, I think, and draw your own conclusions. My concern is making sure that if there’s a problem in the government, that we fix it. That’s my responsibility. And that’s what we’re going to do.

AMY GOODMAN: And this is White House spokesperson Jay Carney questioned in May about the AP spying scandal and the Obama administration’s prosecutions of whistleblowers.

REPORTER: This administration in the last four years has prosecuted twice as many leakers as every previous administration combined. How does that reflect balance?

PRESS SECRETARY JAY CARNEY: I would say that the president is committed to the press’s ability to pursue information, to defending the First Amendment. He is also, as a citizen and as commander-in-chief, committed to the proposition that we cannot allow classified information to be—that can do harm to our national security interests or to endanger individuals, to be—to be leaked. And that is a balance that has to be struck.

REPORTER: But the record of the last four years does not suggest balance.

PRESS SECRETARY JAY CARNEY: That’s your opinion, Ari, but I—

REPORTER: No, it’s twice as many prosecutions as all previous administrations combined. That’s not even close.

PRESS SECRETARY JAY CARNEY: I understand that there—you know, that there were ongoing investigations that preceded this administration. But I—again, I’m not going to—I can tell you what the president’s views are, and the president’s views include his defense of the First Amendment, his belief that journalists ought to be able to pursue information in an unfettered way. And that is backed up by his support for a media shield law, both as senator and as president. And it is also true that he believes a balance needs to be struck between those goals and the need to protect classified information.

AMY GOODMAN: If you can respond to both of those, Leonard Downie? Of course, that’s White House spokesperson Jay Carney—

LEONARD DOWNIE JR.: Right.

AMY GOODMAN: —who is the former Washington bureau chief of Time magazine.

LEONARD DOWNIE JR.: Yes, and I interviewed him for my report, and he stated responses like those you just heard.

First, there’s too much that’s classified. The president himself has said repeatedly in the past that too much information is classified. It’s not just information that might be harmful to national security or human life; it’s just lots and lots, millions and millions and millions of documents and pieces of information that are classified that shouldn’t be. Obviously that preceded this administration, but it’s not improved during this administration.

The president promised to have the most transparent government in American history. He promised to reduce overclassification. He promised to make it easier to obtain government information through the Freedom of Information Act. And so far, none of these promises have been kept. So, part of the reason for why I agreed to do this report for the Committee to Protect Journalists is I would like to alert the president to the fact that this is one of the most—this is one of the first promises he made. He signed presidential directives about open government his first day in office. These are not being carried out by his administration. He still has time for his legacy to make good on these promises.

AMY GOODMAN: Talk about the Justice Department acknowledging seizing the work, home and cellphone records used by almost a hundred reporters and editors at the Associated Press. The phones targeted included the general AP office numbers in New York City, in Washington, D.C., in Hartford, Connecticut, and the main number for the AP in the House of Representatives press gallery, which of course means that many other reporters were speaking on it—the action coming as part of a probe into leaks behind an AP story on a U.S. intelligence operation.

LEONARD DOWNIE JR.: This has had a chilling effect on both government officials, government sources and journalists. And it’s not the only one of these investigations in which such records were secretly subpoenaed and seized—half of these eight investigations that took place. So, reporters and sources know that records have been seized in the past, and as a result, reporters told me, people are afraid to talk to them on the telephone, they’re afraid to engage in email traffic with them, and the reporters themselves are concerned about putting their sources at risk by conducting telephone and email conversations with them, which means we have to go back to secret meetings, like the—you know, the underground garage meetings with Deep Throat during Watergate. Reporters are trying to figure out if they can encrypt their email, but we now know that NSA is trying to figure out how to—how to get past the encryption. So, reporters are very, very worried about putting their sources in jeopardy merely by trying to talk to them about the people’s business.

AMY GOODMAN: What is the Insider Threat Program?

LEONARD DOWNIE JR.: The Insider Threat Program, which was first described by the McClatchy Newspapers last summer, is a presidential order that came after the Manning case. The government was very, very concerned about other Mannings somewhere in the government, because so much—so much of this information is digitally available to clever people. And so, they instituted this program where they ordered every government department and every agency to order their employees—and there are directives that have gone out, which McClatchy Newspapers obtained, that instruct employees to monitor each other to make sure that there are no leaks of classified information. And it’s been interpreted by some of the agencies, as you look at their plans, to go beyond classified information to information about anything that’s going on in that agency.

AMY GOODMAN: How do you think, overall, Leonard Downie, the press have been impacted? I mean, going back to this point that the Committee to Protect Journalists has never issued a report on press freedom in the United States before.

LEONARD DOWNIE JR.: Correct, correct. This has had a chilling effect on not just coverage of national security, but coverage of the government generally. Along with the other policies of the administration, in which they have exercised such tight control over their message, over their information, it makes it very difficult for the press to hold the administration accountable for its actions. Now, that doesn’t mean reporters are going to stop. And even though they complain to me, they’re still out there working aggressively, and there still is good coverage of a lot of things. But we don’t know what we’ve not been able to find out about how this government works, in order to hold it accountable to the American people. If the president said he wants to be able to have his government held accountable to the American people, then I think they should change their policies.

AMY GOODMAN: Why is President Obama doing this? I mean, you hear the questions of Jay Carney. I mean, under the Obama administration, more than twice the number of journalists and sources have been gone after, prosecuted, than all administrations combined.

LEONARD DOWNIE JR.: There are two different patterns here. One began with 9/11, and in fairness to the administration, the PATRIOT Act was passed under George Bush. Some of these leaks investigations did begin during the Bush administration, as Jay Carney said, although then they reached fruition and with prosecutions under the Obama administration. And new investigations began, like the one with the Associated Press and Fox News that you’ve talked about. So, that atmosphere of being concerned about national security leaks and pressure from the intelligence community to stop these kinds of leaks, it began during the Bush administration, has accelerated during the Obama administration.

At the same time, the Obama people discovered during the two election campaigns that very tight message control, in which they try to get their news out to people, news that they generate out to Americans, but make it more difficult for reporters to hold them accountable, worked very well during the campaigns. And they’ve been much more successful than previous administrations at carrying that control over into the workings of government itself once they took office. Other administrations have tried this, but they’ve not been as successful at it.

AMY GOODMAN: Leonard Downie—

LEONARD DOWNIE JR.: And the third—

AMY GOODMAN: Go ahead.

LEONARD DOWNIE JR.: I’m sorry. And the third factor is, is obviously, you know, the new digital world we live in, which gives them much more levers for controlling the message than we’ve ever had before.

AMY GOODMAN: What needs to be done, very quickly?

LEONARD DOWNIE JR.: The president needs to keep his promises. He needs to reduce overclassification. He needs to make it easier to obtain information through the Freedom of Information Act. He needs to put the word out that government officials should be allowed to talk to the press unless it’s something that’s going to be harmful to national security.

AMY GOODMAN: Leonard Downie, I want to thank you for being with us, former executive editor of The Washington Post, author of the new report, “The Obama Administration and the Press,” commissioned by the Committee to Protect Journalists, the first time the CPJ has looked at freedom of the press in the United States. We’ll link to that report at democracynow.org. We’ll be back in a minute.

Ongoing NSA work August 30, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Media, Surveillance, War.
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Roger’s note: Watch the video at the bottom of this article, it is precious.  Do you still love Obama?

 

Anti-journalism journalists, US/UK attacks on press freedom, and candidate Obama on non-authorized military attacks

For the past seven-plus years, I’ve written more or less every day. That pattern has obviously changed over the last three months, during which time my posting has been more infrequent. That’s because I’ve been prioritizing my work on these NSA documents and articles, which take a fair amount of time to process, report and then write. I’m currently working on several NSA/GCHQ stories at once right now that I expect to be published shortly, so daily writing will likely not resume for a couple more weeks or so.

I’ll try to post something new here at least once every 3 days, if for no other reason than to ensure that the comment section remains open. In the meantime, here are several items worth considering:

(1) The New York Times’ David Carr has an excellent column on what drives the very odd phenomenon that the leading advocates for attacking and even criminalizing journalism come not from the government but from . . . certain journalists.

(2) In Der Spiegel, Laura Poitras has a column on the “blatant attacks on press freedoms” coming from the UK and their superiors in the US national security state.

(3) NYU Journalism Professor Jay Rosen has a great essay on the lessons about journalism revealed by the NSA stories, concluding: “Journalism almost has to be brought closer to activism to stand a chance of prevailing in its current struggle with the state.”

(4) In 2008, President Obama, when he was a candidate for President, had this question-and-answer exchange with the Boston Globe:

“Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites — a situation that does not involve stopping an IMMINENT threat?)

“OBAMA: The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.

“As Commander-in-Chief, the President does have a duty to protect and defend the United States. In instances of self-defense, the President would be within his constitutional authority to act before advising Congress or seeking its consent.”

Given that not even the most ardent interventionists for Syria contend that the bombing is necessary for US national security, how can a military attack on Syria without Congressional approval possibly be reconciled with that position? When the same issue arose with Obama’s war in Libya in the absence of Congressional approval (indeed, after Congress expressly rejected its authorization), State Department adviser Harold Koh was forced to repudiate Obama’s own words and say he was wrong back then. Who will play that role this time? As is so often the case, there is a much starker debate between candidate Obama and President Obama than there is between the leadership of both political parties in Washington:

 

Miranda Detention: ‘Blatant Attack on Press Freedom’ August 28, 2013

Posted by rogerhollander in Civil Liberties, Democracy, Media, Whistle-blowing.
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A Commentary by Laura Poitras

http://www.spiegel.de/international/world/laura-poitras-on-british-attacks-on-press-freedom-and-the-nsa-affair-a-918592.html

The detention of David Miranda — partner of the Guardian journalist involved in the NSA revelations — and the destruction of hard drives in the British newspaper’s basement reveal one thing: Governments do not want their citizens to be informed when it comes to the topic of surveillance.

I woke up last Sunday in Berlin to an email from Glenn Greenwald with only one sentence: “I need to talk to you ASAP.”

 

For the past three months, Glenn and I have been reporting on the NSA disclosures revealed to us by Edward Snowden.I went online to the encrypted channel that Glenn and I use to communicate. He told me that he had just received a call telling him that his partner David Miranda was being detained at London’s Heathrow airport under the Terrorism Act. David was traveling from Berlin where he had come to work with me. For the next six hours I was online with Glenn as he tried to find out what was happening to the person he loves most in the world.

Glenn’s reporting on the NSA story is made possible by the love and courage of David. When Glenn and I traveled to Hong Kong to meet Edward Snowden, Glenn and David spoke daily. Reporting on the most secret abuses of governments does not come without moments of fear. There was a turning point in Hong Kong before Glenn published the first story about the Verizon court order that exposed the NSA’s spying on Americans. It was David who told Glenn: “You need to do this. If you don’t do this, you will never be able to live with yourself.”

As Glenn and I exchanged messages between Rio and Berlin, David was being interrogated in London about our NSA reporting. Glenn said several times: “I actually cannot believe they are doing this.” I kept thinking I wish it were me. Having documented and reported on abuses of government power post 9/11, we both thought we’d reached a point where nothing would shock us. We were wrong — using pernicious terrorism laws to target the people we love and work with, this shocked us.

Attack on Press Freedom

Reporting on this story means some things can only be said in person, and still it is hard to know you can escape surveillance. David was traveling to meet me on behalf of the Guardian newspaper, which has taken the lead on publishing the NSA stories. We now know that David’s detention was ordered at the highest levels of the British government, including the Prime Minister. We also know the US government was given advance warning that David would be detained and interrogated.

The NSA has special relationships with the spy agencies from the so-called “Five-Eyes” nations, which include Britain’s GCHQ. Weeks before David was detained, agents from GCHQ entered the offices of the Guardian newspaper and oversaw the destruction of several hard drives which contained disclosures made by Snowden. This action was also authorized at the highest levels of the UK government. Included on those drives were documents detailing GCHQ’s massive domestic spying program called “Tempora.”

This program deploys NSA’s XKeyscore “DeepDive” internet buffer technology which slows down the internet to allow GCHQ to spy on global communications, including those of UK citizens. Tempora relies on the “corporate partnership” of UK telecoms, including British Telecommunications and Vodafone. Revealing the secret partnerships between spy agencies and telecoms entrusted with the private communications of citizens is journalism, not terrorism.

The UK government’s destruction of material provided by a source to a news organization will surely be remembered as of the most blatant government attacks on press freedom.

Border Interrogations

As the hours went by on Sunday, Guardian lawyers searched to find where David was being held; the Brazilian ambassador in London could get no information; and Glenn struggled with whether he should go public or work behind the scenes to make sure David would be released and not arrested. I have never been through a hostage negotiation, but this certainly felt like one. David was finally released after nine hours. He was forced to hand over all electronics.

Using border crossings to target journalism is not new to me. I experienced it for the first time in 2006 in Vienna, when I was traveling from the Sarajevo Film Festival back to New York. I was put in a van and driven to a security room, searched, and interrogated. The Austrian security agents told me I was stopped at the request of the US government. When I landed in New York I was again searched and interrogated.

Since then I have lost count of how many times I have been interrogated at the US border all because of my reporting on post 9/11 issues. I’ve had electronics seized, notebooks photocopied, and have been threatened with handcuffs for taking notes. I moved to Berlin to edit my next film because I do not feel I can keep source material safe in my own country.

At the moment I live in what used to be East Berlin. It feels strange to come to the former home of the Stasi to expose the dangers of government surveillance, but being here gives me hope. There is a deep historical memory among Germans of what happens to societies when its government targets and spies on its own citizens. The public outcry in Germany to the NSA disclosures has been enormous.

Threat To Democracy

 

Because of the disclosures made by Edward Snowden, we have for the first time an international debate on the scope of government surveillance. Almost daily for the past three months citizens learn of new unlawful surveillance programs being secretly run by their governments. All of our reporting has been in the public interest, and none has caused harm.David’s detention and the destruction of the hard drives in the Guardian‘s basement reveal one thing: Our governments do not want citizens to be informed when it comes to the topic of surveillance. The governments of the United States, Britain, Germany, and others would like this debate to go away. It won’t.

Glenn and I, with the full support of David and others, will continue to work on the disclosures made by Snowden, as will the Guardian, SPIEGEL, the Washington Post, their reporters and their loved ones, and many other news organizations who believe vast unchecked secret government surveillance powers are a threat to democracy.

How Laura Poitras Helped Snowden Spill His Secrets August 13, 2013

Posted by rogerhollander in Civil Liberties, Media, Whistle-blowing, Wikileaks.
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Roger’s note: This is a very long article, but I guarantee that once you begin you will not be able to put it down.  If you have any interest whatsoever in Edward Snowden’s NSA revelations you will find this account of how the story came out as intriguing as any page turning spy thriller.

 

 

This past January, Laura Poitras received a curious e-mail from an anonymous stranger requesting her public encryption key. For almost two years, Poitras had been working on a documentary about surveillance, and she occasionally received queries from strangers. She replied to this one and sent her public key — allowing him or her to send an encrypted e-mail that only Poitras could open, with her private key — but she didn’t think much would come of it.

Q. & A.: Edward Snowden Speaks to Peter Maass

Why he turned to Poitras and Greenwald.

 

The stranger responded with instructions for creating an even more secure system to protect their exchanges. Promising sensitive information, the stranger told Poitras to select long pass phrases that could withstand a brute-force attack by networked computers. “Assume that your adversary is capable of a trillion guesses per second,” the stranger wrote.

Before long, Poitras received an encrypted message that outlined a number of secret surveillance programs run by the government. She had heard of one of them but not the others. After describing each program, the stranger wrote some version of the phrase, “This I can prove.”

Seconds after she decrypted and read the e-mail, Poitras disconnected from the Internet and removed the message from her computer. “I thought, O.K., if this is true, my life just changed,” she told me last month. “It was staggering, what he claimed to know and be able to provide. I just knew that I had to change everything.”

Poitras remained wary of whoever it was she was communicating with. She worried especially that a government agent might be trying to trick her into disclosing information about the people she interviewed for her documentary, including Julian Assange, the editor of WikiLeaks. “I called him out,” Poitras recalled. “I said either you have this information and you are taking huge risks or you are trying to entrap me and the people I know, or you’re crazy.”

The answers were reassuring but not definitive. Poitras did not know the stranger’s name, sex, age or employer (C.I.A.? N.S.A.? Pentagon?). In early June, she finally got the answers. Along with her reporting partner, Glenn Greenwald, a former lawyer and a columnist for The Guardian, Poitras flew to Hong Kong and met the N.S.A. contractor Edward J. Snowden, who gave them thousands of classified documents, setting off a major controversy over the extent and legality of government surveillance. Poitras was right that, among other things, her life would never be the same.

Greenwald lives and works in a house surrounded by tropical foliage in a remote area of Rio de Janeiro. He shares the home with his Brazilian partner and their 10 dogs and one cat, and the place has the feel of a low-key fraternity that has been dropped down in the jungle. The kitchen clock is off by hours, but no one notices; dishes tend to pile up in the sink; the living room contains a table and a couch and a large TV, an Xbox console and a box of poker chips and not much else. The refrigerator is not always filled with fresh vegetables. A family of monkeys occasionally raids the banana trees in the backyard and engages in shrieking battles with the dogs.

Glenn Greenwald, a writer for The Guardian, at home in Rio de Janeiro.
Mauricio Lima for The New York Times

Glenn Greenwald, a writer for The Guardian, at home in Rio de Janeiro.

 

Greenwald does most of his work on a shaded porch, usually dressed in a T-shirt, surfer shorts and flip-flops. Over the four days I spent there, he was in perpetual motion, speaking on the phone in Portuguese and English, rushing out the door to be interviewed in the city below, answering calls and e-mails from people seeking information about Snowden, tweeting to his 225,000 followers (and conducting intense arguments with a number of them), then sitting down to write more N.S.A. articles for The Guardian, all while pleading with his dogs to stay quiet. During one especially fever-pitched moment, he hollered, “Shut up, everyone,” but they didn’t seem to care.

Amid the chaos, Poitras, an intense-looking woman of 49, sat in a spare bedroom or at the table in the living room, working in concentrated silence in front of her multiple computers. Once in a while she would walk over to the porch to talk with Greenwald about the article he was working on, or he would sometimes stop what he was doing to look at the latest version of a new video she was editing about Snowden. They would talk intensely — Greenwald far louder and more rapid-fire than Poitras — and occasionally break out laughing at some shared joke or absurd memory. The Snowden story, they both said, was a battle they were waging together, a fight against powers of surveillance that they both believe are a threat to fundamental American liberties.

Two reporters for The Guardian were in town to assist Greenwald, so some of our time was spent in the hotel where they were staying along Copacabana Beach, the toned Brazilians playing volleyball in the sand below lending the whole thing an added layer of surreality. Poitras has shared the byline on some of Greenwald’s articles, but for the most part she has preferred to stay in the background, letting him do the writing and talking. As a result, Greenwald is the one hailed as either a fearless defender of individual rights or a nefarious traitor, depending on your perspective. “I keep calling her the Keyser Soze of the story, because she’s at once completely invisible and yet ubiquitous,” Greenwald said, referring to the character in “The Usual Suspects” played by Kevin Spacey, a mastermind masquerading as a nobody. “She’s been at the center of all of this, and yet no one knows anything about her.”

Q. & A.: Edward Snowden Speaks to Peter Maass

Why he turned to Poitras and Greenwald.

 

 

As dusk fell one evening, I followed Poitras and Greenwald to the newsroom of O Globo, one of the largest newspapers in Brazil. Greenwald had just published an article there detailing how the N.S.A. was spying on Brazilian phone calls and e-mails. The article caused a huge scandal in Brazil, as similar articles have done in other countries around the world, and Greenwald was a celebrity in the newsroom. The editor in chief pumped his hand and asked him to write a regular column; reporters took souvenir pictures with their cellphones. Poitras filmed some of this, then put her camera down and looked on. I noted that nobody was paying attention to her, that all eyes were on Greenwald, and she smiled. “That’s right,” she said. “That’s perfect.”

Poitras seems to work at blending in, a function more of strategy than of shyness. She can actually be remarkably forceful when it comes to managing information. During a conversation in which I began to ask her a few questions about her personal life, she remarked, “This is like visiting the dentist.” The thumbnail portrait is this: She was raised in a well-off family outside Boston, and after high school, she moved to San Francisco to work as a chef in upscale restaurants. She also took classes at the San Francisco Art Institute, where she studied under the experimental filmmaker Ernie Gehr. In 1992, she moved to New York and began to make her way in the film world, while also enrolling in graduate classes in social and political theory at the New School. Since then she has made five films, most recently “The Oath,” about the Guantánamo prisoner Salim Hamdan and his brother-in-law back in Yemen, and has been the recipient of a Peabody Award and a MacArthur award.

On Sept. 11, 2001, Poitras was on the Upper West Side of Manhattan when the towers were attacked. Like most New Yorkers, in the weeks that followed she was swept up in both mourning and a feeling of unity. It was a moment, she said, when “people could have done anything, in a positive sense.” When that moment led to the pre-emptive invasion of Iraq, she felt that her country had lost its way. “We always wonder how countries can veer off course,” she said. “How do people let it happen, how do people sit by during this slipping of boundaries?” Poitras had no experience in conflict zones, but in June 2004, she went to Iraq and began documenting the occupation.

Shortly after arriving in Baghdad, she received permission to go to Abu Ghraib prison to film a visit by members of Baghdad’s City Council. This was just a few months after photos were published of American soldiers abusing prisoners there. A prominent Sunni doctor was part of the visiting delegation, and Poitras shot a remarkable scene of his interaction with prisoners there, shouting that they were locked up for no good reason.

The doctor, Riyadh al-Adhadh, invited Poitras to his clinic and later allowed her to report on his life in Baghdad. Her documentary, “My Country, My Country,” is centered on his family’s travails — the shootings and blackouts in their neighborhood, the kidnapping of a nephew. The film premiered in early 2006 and received widespread acclaim, including an Oscar nomination for best documentary.

Attempting to tell the story of the war’s effect on Iraqi citizens made Poitras the target of serious — and apparently false — accusations. On Nov. 19, 2004, Iraqi troops, supported by American forces, raided a mosque in the doctor’s neighborhood of Adhamiya, killing several people inside. The next day, the neighborhood erupted in violence. Poitras was with the doctor’s family, and occasionally they would go to the roof of the home to get a sense of what was going on. On one of those rooftop visits, she was seen by soldiers from an Oregon National Guard battalion. Shortly after, a group of insurgents launched an attack that killed one of the Americans. Some soldiers speculated that Poitras was on the roof because she had advance notice of the attack and wanted to film it. Their battalion commander, Lt. Col. Daniel Hendrickson, retired, told me last month that he filed a report about her to brigade headquarters.

There is no evidence to support this claim. Fighting occurred throughout the neighborhood that day, so it would have been difficult for any journalist to not be near the site of an attack. The soldiers who made the allegation told me that they have no evidence to prove it. Hendrickson told me his brigade headquarters never got back to him.

For several months after the attack in Adhamiya, Poitras continued to live in the Green Zone and work as an embedded journalist with the U.S. military. She has screened her film to a number of military audiences, including at the U.S. Army War College. An officer who interacted with Poitras in Baghdad, Maj. Tom Mowle, retired, said Poitras was always filming and it “completely makes sense” she would film on a violent day. “I think it’s a pretty ridiculous allegation,” he said.

Although the allegations were without evidence, they may be related to Poitras’s many detentions and searches. Hendrickson and another soldier told me that in 2007 — months after she was first detained — investigators from the Department of Justice’s Joint Terrorism Task Force interviewed them, inquiring about Poitras’s activities in Baghdad that day. Poitras was never contacted by those or any other investigators, however. “Iraq forces and the U.S. military raided a mosque during Friday prayers and killed several people,” Poitras said. “Violence broke out the next day. I am a documentary filmmaker and was filming in the neighborhood. Any suggestion I knew about an attack is false. The U.S. government should investigate who ordered the raid, not journalists covering the war.”

In June 2006, her tickets on domestic flights were marked “SSSS” — Secondary Security Screening Selection — which means the bearer faces extra scrutiny beyond the usual measures. She was detained for the first time at Newark International Airport before boarding a flight to Israel, where she was showing her film. On her return flight, she was held for two hours before being allowed to re-enter the country. The next month, she traveled to Bosnia to show the film at a festival there. When she flew out of Sarajevo and landed in Vienna, she was paged on the airport loudspeaker and told to go to a security desk; from there she was led to a van and driven to another part of the airport, then taken into a room where luggage was examined.

“They took my bags and checked them,” Poitras said. “They asked me what I was doing, and I said I was showing a movie in Sarajevo about the Iraq war. And then I sort of befriended the security guy. I asked what was going on. He said: ‘You’re flagged. You have a threat score that is off the Richter scale. You are at 400 out of 400.’ I said, ‘Is this a scoring system that works throughout all of Europe, or is this an American scoring system?’ He said. ‘No, this is your government that has this and has told us to stop you.’ ”

After 9/11, the U.S. government began compiling a terrorist watch list that was at one point estimated to contain nearly a million names. There are at least two subsidiary lists that relate to air travel. The no-fly list contains the names of tens of thousands of people who are not allowed to fly into or out of the country. The selectee list, which is larger than the no-fly list, subjects people to extra airport inspections and questioning. These lists have been criticized by civil rights groups for being too broad and arbitrary and for violating the rights of Americans who are on them.

In Vienna, Poitras was eventually cleared to board her connecting flight to New York, but when she landed at J.F.K., she was met at the gate by two armed law-enforcement agents and taken to a room for questioning. It is a routine that has happened so many times since then — on more than 40 occasions — that she has lost precise count. Initially, she said, the authorities were interested in the paper she carried, copying her receipts and, once, her notebook. After she stopped carrying her notes, they focused on her electronics instead, telling her that if she didn’t answer their questions, they would confiscate her gear and get their answers that way. On one occasion, Poitras says, they did seize her computers and cellphones and kept them for weeks. She was also told that her refusal to answer questions was itself a suspicious act. Because the interrogations took place at international boarding crossings, where the government contends that ordinary constitutional rights do not apply, she was not permitted to have a lawyer present.

“It’s a total violation,” Poitras said. “That’s how it feels. They are interested in information that pertains to the work I am doing that’s clearly private and privileged. It’s an intimidating situation when people with guns meet you when you get off an airplane.”

 

Though she has written to members of Congress and has submitted Freedom of Information Act requests, Poitras has never received any explanation for why she was put on a watch list. “It’s infuriating that I have to speculate why,” she said. “When did that universe begin, that people are put on a list and are never told and are stopped for six years? I have no idea why they did it. It’s the complete suspension of due process.” She added: “I’ve been told nothing, I’ve been asked nothing, and I’ve done nothing. It’s like Kafka. Nobody ever tells you what the accusation is.”

After being detained repeatedly, Poitras began taking steps to protect her data, asking a traveling companion to carry her laptop, leaving her notebooks overseas with friends or in safe deposit boxes. She would wipe her computers and cellphones clean so that there would be nothing for the authorities to see. Or she encrypted her data, so that law enforcement could not read any files they might get hold of. These security preparations could take a day or more before her travels.

It wasn’t just border searches that she had to worry about. Poitras said she felt that if the government was suspicious enough to interrogate her at airports, it was also most likely surveilling her e-mail, phone calls and Web browsing. “I assume that there are National Security Letters on my e-mails,” she told me, referring to one of the secretive surveillance tools used by the Department of Justice. A National Security Letter requires its recipients — in most cases, Internet service providers and phone companies — to provide customer data without notifying the customers or any other parties. Poitras suspected (but could not confirm, because her phone company and I.S.P. would be prohibited from telling her) that the F.B.I. had issued National Security Letters for her electronic communications.

Laura Poitras filming the construction of a large N.S.A. facility in Utah.
Conor Provenzano

Laura Poitras filming the construction of a large N.S.A. facility in Utah.

 

Once she began working on her surveillance film in 2011, she raised her digital security to an even higher level. She cut down her use of a cellphone, which betrays not only who you are calling and when, but your location at any given point in time. She was careful about e-mailing sensitive documents or having sensitive conversations on the phone. She began using software that masked the Web sites she visited. After she was contacted by Snowden in 2013, she tightened her security yet another notch. In addition to encrypting any sensitive e-mails, she began using different computers for editing film, for communicating and for reading sensitive documents (the one for sensitive documents is air-gapped, meaning it has never been connected to the Internet).

These precautions might seem paranoid — Poitras describes them as “pretty extreme” — but the people she has interviewed for her film were targets of the sort of surveillance and seizure that she fears. William Binney, a former top N.S.A. official who publicly accused the agency of illegal surveillance, was at home one morning in 2007 when F.B.I. agents burst in and aimed their weapons at his wife, his son and himself. Binney was, at the moment the agent entered his bathroom and pointed a gun at his head, naked in the shower. His computers, disks and personal records were confiscated and have not yet been returned. Binney has not been charged with any crime.

Jacob Appelbaum, a privacy activist who was a volunteer with WikiLeaks, has also been filmed by Poitras. The government issued a secret order to Twitter for access to Appelbaum’s account data, which became public when Twitter fought the order. Though the company was forced to hand over the data, it was allowed to tell Appelbaum. Google and a small I.S.P. that Appelbaum used were also served with secret orders and fought to alert him. Like Binney, Appelbaum has not been charged with any crime.

Poitras endured the airport searches for years with little public complaint, lest her protests generate more suspicion and hostility from the government, but last year she reached a breaking point. While being interrogated at Newark after a flight from Britain, she was told she could not take notes. On the advice of lawyers, Poitras always recorded the names of border agents and the questions they asked and the material they copied or seized. But at Newark, an agent threatened to handcuff her if she continued writing. She was told that she was being barred from writing anything down because she might use her pen as a weapon.

 

“Then I asked for crayons,” Poitras recalled, “and he said no to crayons.”

She was taken into another room and interrogated by three agents — one was behind her, another asked the questions, the third was a supervisor. “It went on for maybe an hour and a half,” she said. “I was taking notes of their questions, or trying to, and they yelled at me. I said, ‘Show me the law where it says I can’t take notes.’ We were in a sense debating what they were trying to forbid me from doing. They said, ‘We are the ones asking the questions.’ It was a pretty aggressive, antagonistic encounter.”

Poitras met Greenwald in 2010, when she became interested in his work on WikiLeaks. In 2011, she went to Rio to film him for her documentary. He was aware of the searches and asked several times for permission to write about them. After Newark, she gave him a green light.

“She said, ‘I’ve had it,’ ” Greenwald told me. “Her ability to take notes and document what was happening was her one sense of agency, to maintain some degree of control. Documenting is what she does. I think she was feeling that the one vestige of security and control in this situation had been taken away from her, without any explanation, just as an arbitrary exercise of power.”

At the time, Greenwald was a writer for Salon. His article, “U.S. Filmmaker Repeatedly Detained at Border,” was published in April 2012. Shortly after it was posted, the detentions ceased. Six years of surveillance and harassment, Poitras hoped, might be coming to an end.

Poitras was not Snowden’s first choice as the person to whom he wanted to leak thousands of N.S.A. documents. In fact, a month before contacting her, he reached out to Greenwald, who had written extensively and critically about the wars in Iraq and Afghanistan and the erosion of civil liberties in the wake of 9/11. Snowden anonymously sent him an e-mail saying he had documents he wanted to share, and followed that up with a step-by-step guide on how to encrypt communications, which Greenwald ignored. Snowden then sent a link to an encryption video, also to no avail.

“It’s really annoying and complicated, the encryption software,” Greenwald said as we sat on his porch during a tropical drizzle. “He kept harassing me, but at some point he just got frustrated, so he went to Laura.”

Snowden had read Greenwald’s article about Poitras’s troubles at U.S. airports and knew she was making a film about the government’s surveillance programs; he had also seen a short documentary about the N.S.A. that she made for The New York Times Op-Docs. He figured that she would understand the programs he wanted to leak about and would know how to communicate in a secure way.

By late winter, Poitras decided that the stranger with whom she was communicating was credible. There were none of the provocations that she would expect from a government agent — no requests for information about the people she was in touch with, no questions about what she was working on. Snowden told her early on that she would need to work with someone else, and that she should reach out to Greenwald. She was unaware that Snowden had already tried to contact Greenwald, and Greenwald would not realize until he met Snowden in Hong Kong that this was the person who had contacted him more than six months earlier.

There were surprises for everyone in these exchanges — including Snowden, who answered questions that I submitted to him through Poitras. In response to a question about when he realized he could trust Poitras, he wrote: “We came to a point in the verification and vetting process where I discovered Laura was more suspicious of me than I was of her, and I’m famously paranoid.” When I asked him about Greenwald’s initial silence in response to his requests and instructions for encrypted communications, Snowden replied: “I know journalists are busy and had assumed being taken seriously would be a challenge, especially given the paucity of detail I could initially offer. At the same time, this is 2013, and [he is] a journalist who regularly reported on the concentration and excess of state power. I was surprised to realize that there were people in news organizations who didn’t recognize any unencrypted message sent over the Internet is being delivered to every intelligence service in the world.”

In April, Poitras e-mailed Greenwald to say they needed to speak face to face. Greenwald happened to be in the United States, speaking at a conference in a suburb of New York City, and the two met in the lobby of his hotel. “She was very cautious,” Greenwald recalled. “She insisted that I not take my cellphone, because of this ability the government has to remotely listen to cellphones even when they are turned off. She had printed off the e-mails, and I remember reading the e-mails and felt intuitively that this was real. The passion and thought behind what Snowden — who we didn’t know was Snowden at the time — was saying was palpable.”

 

 

Greenwald installed encryption software and began communicating with the stranger. Their work was organized like an intelligence operation, with Poitras as the mastermind. “Operational security — she dictated all of that,” Greenwald said. “Which computers I used, how I communicated, how I safeguarded the information, where copies were kept, with whom they were kept, in which places. She has this complete expert level of understanding of how to do a story like this with total technical and operational safety. None of this would have happened with anything near the efficacy and impact it did, had she not been working with me in every sense and really taking the lead in coordinating most of it.”

Snowden began to provide documents to the two of them. Poitras wouldn’t tell me when he began sending her documents; she does not want to provide the government with information that could be used in a trial against Snowden or herself. He also said he would soon be ready to meet them. When Poitras asked if she should plan on driving to their meeting or taking a train, Snowden told her to be ready to get on a plane.

In May, he sent encrypted messages telling the two of them to go to Hong Kong. Greenwald flew to New York from Rio, and Poitras joined him for meetings with the editor of The Guardian’s American edition. With the paper’s reputation on the line, the editor asked them to bring along a veteran Guardian reporter, Ewen MacAskill, and on June 1, the trio boarded a 16-hour flight from J.F.K. to Hong Kong.

Snowden had sent a small number of documents to Greenwald, about 20 in all, but Poitras had received a larger trove, which she hadn’t yet had the opportunity to read closely. On the plane, Greenwald began going through its contents, eventually coming across a secret court order requiring Verizon to give its customer phone records to the N.S.A. The four-page order was from the Foreign Intelligence Surveillance Court, a panel whose decisions are highly classified. Although it was rumored that the N.S.A. was collecting large numbers of American phone records, the government always denied it.

Poitras, sitting 20 rows behind Greenwald, occasionally went forward to talk about what he was reading. As the man sitting next to him slept, Greenwald pointed to the FISA order on his screen and asked Poitras: “Have you seen this? Is this saying what I’m thinking it’s saying?”

At times, they talked so animatedly that they disturbed passengers who were trying to sleep; they quieted down. “We couldn’t believe just how momentous this occasion was,” Greenwald said. “When you read these documents, you get a sense of the breadth of them. It was a rush of adrenaline and ecstasy and elation. You feel you are empowered for the first time because there’s this mammoth system that you try and undermine and subvert and shine a light on — but you usually can’t make any headway, because you don’t have any instruments to do it — [and now] the instruments were suddenly in our lap.”

Snowden had instructed them that once they were in Hong Kong, they were to go at an appointed time to the Kowloon district and stand outside a restaurant that was in a mall connected to the Mira Hotel. There, they were to wait until they saw a man carrying a Rubik’s Cube, then ask him when the restaurant would open. The man would answer their question, but then warn that the food was bad. When the man with the Rubik’s Cube arrived, it was Edward Snowden, who was 29 at the time but looked even younger.

(Page 7 of 10)

“Both of us almost fell over when we saw how young he was,” Poitras said, still sounding surprised. “I had no idea. I assumed I was dealing with somebody who was really high-level and therefore older. But I also knew from our back and forth that he was incredibly knowledgeable about computer systems, which put him younger in my mind. So I was thinking like 40s, somebody who really grew up on computers but who had to be at a higher level.”

 

 

 

In our encrypted chat, Snowden also remarked on this moment: “I think they were annoyed that I was younger than they expected, and I was annoyed that they had arrived too early, which complicated the initial verification. As soon as we were behind closed doors, however, I think everyone was reassured by the obsessive attention to precaution and bona fides.”

They followed Snowden to his room, where Poitras immediately shifted into documentarian mode, taking her camera out. “It was a little bit tense, a little uncomfortable,” Greenwald said of those initial minutes. “We sat down, and we just started chatting, and Laura was immediately unpacking her camera. The instant that she turned on the camera, I very vividly recall that both he and I completely stiffened up.”

Greenwald began the questioning. “I wanted to test the consistency of his claims, and I just wanted all the information I could get, given how much I knew this was going to be affecting my credibility and everything else. We weren’t really able to establish a human bond until after that five or six hours was over.”

For Poitras, the camera certainly alters the human dynamic, but not in a bad way. When someone consents to being filmed — even if the consent is indirectly gained when she turns on the camera — this is an act of trust that raises the emotional stakes of the moment. What Greenwald saw as stilted, Poitras saw as a kind of bonding, the sharing of an immense risk. “There is something really palpable and emotional in being trusted like that,” she said.

Snowden, though taken by surprise, got used to it. “As one might imagine, normally spies allergically avoid contact with reporters or media, so I was a virgin source — everything was a surprise. . . . But we all knew what was at stake. The weight of the situation actually made it easier to focus on what was in the public interest rather than our own. I think we all knew there was no going back once she turned the camera on.”

For the next week, their preparations followed a similar pattern — when they entered Snowden’s room, they would remove their cellphone batteries and place them in the refrigerator of Snowden’s minibar. They lined pillows against the door, to discourage eavesdropping from outside, then Poitras set up her camera and filmed. It was important to Snowden to explain to them how the government’s intelligence machinery worked because he feared that he could be arrested at any time.

Greenwald’s first articles — including the initial one detailing the Verizon order he read about on the flight to Hong Kong — appeared while they were still in the process of interviewing Snowden. It made for a strange experience, creating the news together, then watching it spread. “We could see it being covered,” Poitras said. “We were all surprised at how much attention it was getting. Our work was very focused, and we were paying attention to that, but we could see on TV that it was taking off. We were in this closed circle, and around us we knew that reverberations were happening, and they could be seen and they could be felt.”

Snowden told them before they arrived in Hong Kong that he wanted to go public. He wanted to take responsibility for what he was doing, Poitras said, and he didn’t want others to be unfairly targeted, and he assumed he would be identified at some point. She made a 12½-minute video of him that was posted online June 9, a few days after Greenwald’s first articles. It triggered a media circus in Hong Kong, as reporters scrambled to learn their whereabouts.

There were a number of subjects that Poitras declined to discuss with me on the record and others she wouldn’t discuss at all — some for security and legal reasons, others because she wants to be the first to tell crucial parts of her story in her own documentary. Of her parting with Snowden once the video was posted, she would only say, “We knew that once it went public, it was the end of that period of working.”

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Snowden checked out of his hotel and went into hiding. Reporters found out where Poitras was staying — she and Greenwald were at different hotels — and phone calls started coming to her room. At one point, someone knocked on her door and asked for her by name. She knew by then that reporters had discovered Greenwald, so she called hotel security and arranged to be escorted out a back exit.

 

 

She tried to stay in Hong Kong, thinking Snowden might want to see her again, and because she wanted to film the Chinese reaction to his disclosures. But she had now become a figure of interest herself, not just a reporter behind the camera. On June 15, as she was filming a pro-Snowden rally outside the U.S. consulate, a CNN reporter spotted her and began asking questions. Poitras declined to answer and slipped away. That evening, she left Hong Kong.

A protest in Hong Kong in support of Edward Snowden on June 15.
Philippe Lopez/AFP/Getty Images

A protest in Hong Kong in support of Edward Snowden on June 15.

 

Poitras flew directly to Berlin, where the previous fall she rented an apartment where she could edit her documentary without worrying that the F.B.I. would show up with a search warrant for her hard drives. “There is a filter constantly between the places where I feel I have privacy and don’t,” she said, “and that line is becoming increasingly narrow.” She added: “I’m not stopping what I’m doing, but I have left the country. I literally didn’t feel like I could protect my material in the United States, and this was before I was contacted by Snowden. If you promise someone you’re going to protect them as a source and you know the government is monitoring you or seizing your laptop, you can’t actually physically do it.”

After two weeks in Berlin, Poitras traveled to Rio, where I then met her and Greenwald a few days later. My first stop was the Copacabana hotel, where they were working that day with MacAskill and another visiting reporter from The Guardian, James Ball. Poitras was putting together a new video about Snowden that would be posted in a few days on The Guardian’s Web site. Greenwald, with several Guardian reporters, was working on yet another blockbuster article, this one about Microsoft’s close collaboration with the N.S.A. The room was crowded — there weren’t enough chairs for everyone, so someone was always sitting on the bed or floor. A number of thumb drives were passed back and forth, though I was not told what was on them.

Poitras and Greenwald were worried about Snowden. They hadn’t heard from him since Hong Kong. At the moment, he was stuck in diplomatic limbo in the transit area of Moscow’s Sheremetyevo airport, the most-wanted man on the planet, sought by the U.S. government for espionage. (He would later be granted temporary asylum in Russia.) The video that Poitras was working on, using footage she shot in Hong Kong, would be the first the world had seen of Snowden in a month.

“Now that he’s incommunicado, we don’t know if we’ll even hear from him again,” she said.

“Is he O.K.?” MacAskill asked.

“His lawyer said he’s O.K.,” Greenwald responded.

“But he’s not in direct contact with Snowden,” Poitras said

When Greenwald got home that evening, Snowden contacted him online. Two days later, while she was working at Greenwald’s house, Poitras also heard from him.

It was dusk, and there was loud cawing and hooting coming from the jungle all around. This was mixed with the yapping of five or six dogs as I let myself in the front gate. Through a window, I saw Poitras in the living room, intently working at one of her computers. I let myself in through a screen door, and she glanced up for just a second, then went back to work, completely unperturbed by the cacophony around her. After 10 minutes, she closed the lid of her computer and mumbled an apology about needing to take care of some things.

She showed no emotion and did not mention that she had been in the middle of an encrypted chat with Snowden. At the time, I didn’t press her, but a few days later, after I returned to New York and she returned to Berlin, I asked if that’s what she was doing that evening. She confirmed it, but said she didn’t want to talk about it at the time, because the more she talks about her interactions with Snowden, the more removed she feels from them.

“It’s an incredible emotional experience,” she said, “to be contacted by a complete stranger saying that he was going to risk his life to expose things the public should know. He was putting his life on the line and trusting me with that burden. My experience and relationship to that is something that I want to retain an emotional relation to.” Her connection to him and the material, she said, is what will guide her work. “I am sympathetic to what he sees as the horror of the world [and] what he imagines could come. I want to communicate that with as much resonance as possible. If I were to sit and do endless cable interviews — all those things alienate me from what I need to stay connected to. It’s not just a scoop. It’s someone’s life.”

Poitras and Greenwald are an especially dramatic example of what outsider reporting looks like in 2013. They do not work in a newsroom, and they personally want to be in control of what gets published and when. When The Guardian didn’t move as quickly as they wanted with the first article on Verizon, Greenwald discussed taking it elsewhere, sending an encrypted draft to a colleague at another publication. He also considered creating a Web site on which they would publish everything, which he planned to call NSADisclosures. In the end, The Guardian moved ahead with their articles. But Poitras and Greenwald have created their own publishing network as well, placing articles with other outlets in Germany and Brazil and planning more for the future. They have not shared the full set of documents with anyone.

 

 

“We are in partnership with news organizations, but we feel our primary responsibility is to the risk the source took and to the public interest of the information he has provided,” Poitras said. “Further down on the list would be any particular news organization.”

Unlike many reporters at major news outlets, they do not attempt to maintain a facade of political indifference. Greenwald has been outspoken for years; on Twitter, he recently replied to one critic by writing: “You are a complete idiot. You know that, right?” His left political views, combined with his cutting style, have made him unloved among many in the political establishment. His work with Poitras has been castigated as advocacy that harms national security. “I read intelligence carefully,” said Senator Dianne Feinstein, chairwoman of the Senate Intelligence Committee, shortly after the first Snowden articles appeared. “I know that people are trying to get us. . . . This is the reason the F.B.I. now has 10,000 people doing intelligence on counterterrorism. . . . It’s to ferret this out before it happens. It’s called protecting America.”

Poitras, while not nearly as confrontational as Greenwald, disagrees with the suggestion that their work amounts to advocacy by partisan reporters. “Yes, I have opinions,” she told me. “Do I think the surveillance state is out of control? Yes, I do. This is scary, and people should be scared. A shadow and secret government has grown and grown, all in the name of national security and without the oversight or national debate that one would think a democracy would have. It’s not advocacy. We have documents that substantiate it.”

Poitras possesses a new skill set that is particularly vital — and far from the journalistic norm — in an era of pervasive government spying: she knows, as well as any computer-security expert, how to protect against surveillance. As Snowden mentioned, “In the wake of this year’s disclosure, it should be clear that unencrypted journalist-source communication is unforgivably reckless.” A new generation of sources, like Snowden or Pfc. Bradley Manning, has access to not just a few secrets but thousands of them, because of their ability to scrape classified networks. They do not necessarily live in and operate through the established Washington networks — Snowden was in Hawaii, and Manning sent hundreds of thousands of documents to WikiLeaks from a base in Iraq. And they share their secrets not with the largest media outlets or reporters but with the ones who share their political outlook and have the know-how to receive the leaks undetected.

In our encrypted chat, Snowden explained why he went to Poitras with his secrets: “Laura and Glenn are among the few who reported fearlessly on controversial topics throughout this period, even in the face of withering personal criticism, [which] resulted in Laura specifically becoming targeted by the very programs involved in the recent disclosures. She had demonstrated the courage, personal experience and skill needed to handle what is probably the most dangerous assignment any journalist can be given — reporting on the secret misdeeds of the most powerful government in the world — making her an obvious choice.”

Snowden’s revelations are now the center of Poitras’s surveillance documentary, but Poitras also finds herself in a strange, looking-glass dynamic, because she cannot avoid being a character in her own film. She did not appear in or narrate her previous films, and she says that probably won’t change with this one, but she realizes that she has to be represented in some way, and is struggling with how to do that.

 

 

She is also assessing her legal vulnerability. Poitras and Greenwald are not facing any charges, at least not yet. They do not plan to stay away from America forever, but they have no immediate plans to return. One member of Congress has already likened what they’ve done to a form of treason, and they are well aware of the Obama administration’s unprecedented pursuit of not just leakers but of journalists who receive the leaks. While I was with them, they talked about the possibility of returning. Greenwald said that the government would be unwise to arrest them, because of the bad publicity it would create. It also wouldn’t stop the flow of information.

He mentioned this while we were in a taxi heading back to his house. It was dark outside, the end of a long day. Greenwald asked Poitras, “Since it all began, have you had a non-N.S.A. day?”

“What’s that?” she replied.

“I think we need one,” Greenwald said. “Not that we’re going to take one.”

Poitras talked about getting back to yoga again. Greenwald said he was going to resume playing tennis regularly. “I’m willing to get old for this thing,” he said, “but I’m not willing to get fat.”

Their discussion turned to the question of coming back to the United States. Greenwald said, half-jokingly, that if he was arrested, WikiLeaks would become the new traffic cop for publishing N.S.A. documents. “I would just say: ‘O.K., let me introduce you to my friend Julian Assange, who’s going to take my place. Have fun dealing with him.’ ”

Poitras prodded him: “So you’re going back to the States?”

He laughed and pointed out that unfortunately, the government does not always take the smartest course of action. “If they were smart,” he said, “I would do it.”

Poitras smiled, even though it’s a difficult subject for her. She is not as expansive or carefree as Greenwald, which adds to their odd-couple chemistry. She is concerned about their physical safety. She is also, of course, worried about surveillance. “Geolocation is the thing,” she said. “I want to keep as much off the grid as I can. I’m not going to make it easy for them. If they want to follow me, they are going to have to do that. I am not going to ping into any G.P.S. My location matters to me. It matters to me in a new way that I didn’t feel before.”

There are lots of people angry with them and lots of governments, as well as private entities, that would not mind taking possession of the thousands of N.S.A. documents they still control. They have published only a handful — a top-secret, headline-grabbing, Congressional-hearing-inciting handful — and seem unlikely to publish everything, in the style of WikiLeaks. They are holding onto more secrets than they are exposing, at least for now.

“We have this window into this world, and we’re still trying to understand it,” Poitras said in one of our last conversations. “We’re not trying to keep it a secret, but piece the puzzle together. That’s a project that is going to take time. Our intention is to release what’s in the public interest but also to try to get a handle on what this world is, and then try to communicate that.”

The deepest paradox, of course, is that their effort to understand and expose government surveillance may have condemned them to a lifetime of it.

“Our lives will never be the same,” Poitras said. “I don’t know if I’ll ever be able to live someplace and feel like I have my privacy. That might be just completely gone.”

Peter Maass is an investigative reporter working on a book about surveillance and privacy.

Editor: Joel Lovell

 

Email service used by Snowden shuts itself down, warns against using US-based companies August 9, 2013

Posted by rogerhollander in Civil Liberties, Constitution, Democracy, Whistle-blowing.
Tags: , , , , , , , , , , , , , , , ,
1 comment so far

Roger’s note: Sorry to repeat this story so soon, but this article expands  on the issure in an important way.

 

Edward Snowden: ‘Google, Facebook, Microsoft, Yahoo, Apple, and the rest of our internet titans must ask themselves why they aren’t fighting for our interests the same way’

 

 

A Texas-based encrypted email service recently revealed to be used by Edward Snowden – Lavabit – announced yesterday it was shutting itself down in order to avoid complying with what it perceives as unjust secret US court orders to provide government access to its users’ content. “After significant soul searching, I have decided to suspend operations,” the company’s founder, Ladar Levinson, wrote in a statement to users posted on the front page of its website. He said the US directive forced on his company “a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit.” He chose the latter.

CNET’s Declan McCullagh smartly speculates that Lavabit was served “with [a] federal court order to intercept users’ (Snowden?) passwords” to allow ongoing monitoring of emails; specifically: “the order can also be to install FedGov-created malware.” After challenging the order in district court and losing – all in a secret court proceeding, naturally – Lavabit shut itself down to avoid compliance while it appeals to the Fourth Circuit.

This morning, Silent Circle, a US-based secure online communication service, followed suit by shutting its own encrypted email service. Although it said it had not yet been served with any court order, the company, in a statement by its founder, internet security guru Phil Zimmerman, said: “We see the writing on the wall, and we have decided that it is best for us to shut down Silent Mail now.”

What is particularly creepy about the Lavabit self-shutdown is that the company is gagged by law even from discussing the legal challenges it has mounted and the court proceeding it has engaged. In other words, the American owner of the company believes his Constitutional rights and those of his customers are being violated by the US Government, but he is not allowed to talk about it. Just as is true for people who receive National Security Letters under the Patriot Act, Lavabit has been told that they would face serious criminal sanctions if they publicly discuss what is being done to their company. Thus we get hostage-message-sounding missives like this:

I wish that I could legally share with you the events that led to my decision. I cannot. I feel you deserve to know what’s going on – the first amendment is supposed to guarantee me the freedom to speak out in situations like this. Unfortunately, Congress has passed laws that say otherwise. As things currently stand, I cannot share my experiences over the last six weeks, even though I have twice made the appropriate requests.”

Does that sound like a message coming from a citizen of a healthy and free country? Secret courts issuing secret rulings invariably in favor of the US government that those most affected are barred by law from discussing? Is there anyone incapable at this point of seeing what the United States has become? Here’s the very sound advice issued by Lavabit’s founder:

This experience has taught me one very important lesson: without congressional action or a strong judicial precedent, I would _strongly_ recommend against anyone trusting their private data to a company with physical ties to the United States.

As security expert Bruce Schneier wrote in a great Bloomberg column last week, this is one of the key aspects of the NSA disclosures: the vast public-private surveillance partnership. That’s what makes Lavabit’s stance so heroic: as our reporting has demonstrated, most US-based tech and telecom companies (though not all) meekly submit to the US government’s dictates and cooperate extensively and enthusiastically with the NSA to ensure access to your communications.

Snowden, who told me today that he found Lavabit’s stand “inspiring”, added:

“Ladar Levison and his team suspended the operations of their 10 year old business rather than violate the Constitutional rights of their roughly 400,000 users. The President, Congress, and the Courts have forgotten that the costs of bad policy are always borne by ordinary citizens, and it is our job to remind them that there are limits to what we will pay.

“America cannot succeed as a country where individuals like Mr. Levison have to relocate their businesses abroad to be successful. Employees and leaders at Google, Facebook, Microsoft, Yahoo, Apple, and the rest of our internet titans must ask themselves why they aren’t fighting for our interests the same way small businesses are. The defense they have offered to this point is that they were compelled by laws they do not agree with, but one day of downtime for the coalition of their services could achieve what a hundred Lavabits could not.

“When Congress returns to session in September, let us take note of whether the internet industry’s statements and lobbyists – which were invisible in the lead-up to the Conyers-Amash vote – emerge on the side of the Free Internet or the NSA and its Intelligence Committees in Congress.”

The growing (and accurate) perception that most US-based companies are not to be trusted with the privacy of electronic communications poses a real threat to those companies’ financial interests. A report issued this week by the Technology and Innovation Foundation estimated that the US cloud computing industry, by itself, could lose between $21 billion to $35 billion due to reporting about the industry’s ties to the NSA. It also notes that other nations’ officials have been issuing the same kind of warnings to their citizens about US-based companies as the one issued by Lavabit yesterday:

And after the recent PRISM leaks, German Interior Minister Hans-Peter Friedrich declared publicly, ‘whoever fears their communication is being intercepted in any way should use services that don’t go through American servers.’ Similarly, Jörg-Uwe Hahn, a German Justice Minister, called for a boycott of US companies.”

The US-based internet industry knows that the recent transparency brought to the NSA is a threat to their business interests. This week, several leading Silicon Valley and telecom executives met with President Obama to discuss their “surveillance partnership”. But the meeting was – naturally – held in total secrecy. Why shouldn’t the agreements and collaborations between these companies and the NSA for access to customer communications not be open and public?

Obviously, the Obama administration, telecom giants, and the internet industry are not going to be moved by appeals to transparency, privacy and basic accountability. But perhaps they’ll consider the damage being done to the industry’s global reputation and business interests by constructing a ubiquitous spying system with the NSA and doing it all in secret.

It’s well past time to think about what all this reflects about the US. As the New York Times Editorial Page put it today, referencing a front-page report from Charlie Savage enabled by NSA documents we published: “Apparently no espionage tool that Congress gives the National Security Agency is big enough or intrusive enough to satisfy the agency’s inexhaustible appetite for delving into the communications of Americans.” The NYT added:

Time and again, the NSA has pushed past the limits that lawmakers thought they had imposed to prevent it from invading basic privacy, as guaranteed by the Constitution.”

I know it’s much more fun and self-satisfying to talk about Vladimir Putin and depict him as this omnipotent cartoon villain. Talking about the flaws of others is always an effective tactic for avoiding our own, and as a bonus in this case, we get to and re-live Cold War glory by doing it. The best part of all is that we get to punish another country for the Supreme Sin: defying the dictates of the US leader.

[Note how a country's human rights problems becomes of interest to the US political and media class only when that country defies the US: hence, all the now-forgotten focus on Ecuador's press freedom record when it granted asylum to Julian Assange and considered doing so for Edward Snowden, while the truly repressive and deeply US-supported Saudi regime barely rates a mention. Americans love to feign sudden concern over a country's human rights abuses as a tool for punishing that country for disobedience to imperial dictates and for being distracted from their own government's abuses: Russia grants asylum to Snowden --> Russia is terrible to gays! But maybe it's more constructive for US media figures and Americans generally to think about what's happening to their own country and the abuses of the own government, the one for which they bear responsibility and over which they can exercise actual influence.]

Lavabit has taken an impressive and bold stand against the US government, sacrificing its self-interest for the privacy rights of its users. Those inclined to do so can return that support by helping it with lawyers’ fees to fight the US government’s orders, via this paypal link provided in the company’s statement.

One of the most remarkable, and I think enduring, aspects of the NSA stories is how much open defiance there has been of the US government. Numerous countries around the world have waved away threats, from Hong Kong and Russia to multiple Latin American nations. Populations around the world are expressing serious indignation at the NSA and at their own government to the extent they have collaborated. And now Lavabit has shut itself down rather than participate in what it calls “crimes against the American people”, and in doing so, has gone to the legal limits in order to tell us all what has happened. There will undoubtedly be more acts inspired by Snowden’s initial choice to unravel his own life to make the world aware of what the US government has been doing in the dark.

Glenn Greenwald

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon.  His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican PoliticsA Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

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