Pete Seeger and the NSA February 4, 2014
Posted by rogerhollander in Art, Literature and Culture, Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, History, Police.Tags: anti-communism, cindy cohn, Civil Rights, first amendment, fourth amendment, free association, free speech, history, huac, McCarthyism, nsa, pete seeger, roger hollaner, surveillance state, un-american activities
add a comment
Roger’s note: Of course, the recent revelations about NSA outdoing George Orwell is no laughing matter. But if you need a moment of lightness today, click in the first paragraph on Pete’s testimony before HUAC. It reads like a Monty Python skit. With the persecutions of Chelsea Manning, Julian Assange, Edward Snowden among others, and the hounding to death of Aaron Swartz, the U.S. government is just getting started in putting its mega data collection to use. When the political protests heat up to the next level, I believe we are going to see the same kind of witch hunts that we saw under the era of Joseph McCarthy, only much worse. Those who lived through that period of history can tell you what it is like to be persecuted by the government for your First Amendment protected beliefs. Perhaps what is most frightening is the militarization of local police departments, and we saw what state violence against legitimate political protest will look like during the brutal repression of the Occupy Wall Street Movement. Whether you are brought up before a Kafkaesque like official United States government kangaroo court or bashed over the head with police baton or run down by a Homeland Security issues armored vehicle, the chilling result is the same: fascism in our day.
That it occurs under the auspices of the affable and articulate constitutional lawyer who is the first Black American president or the feisty and charming soon to be first woman American president, will not do much to soften the blow.
I am not going to answer any questions as to my association, my philosophical beliefs, or how I voted in any election, or any of these private affairs. I think these are very improper questions for any American to be asked, especially under such compulsion as this.
Pete Seeger, 1955, testimony pursuant to subpoena before the House Un-American Activities Committee.
Pete Seeger (Image: EFF)
The world lost a clear, strong voice for peace, justice, and community with the death of singer and activist Pete Seegerlast week. While Seeger was known as an outspoken musician not shy about airing his political opinions, it’s also important to remember he was once persecuted for those opinions, despite breaking no law. And the telling of this story should give pause to those who claim to be unconcerned about the government’s metadata seizure and search programs that reveal our associations to the government today.
In 1955, Seeger was called before the House Un-American Activities Committee, where he defiantly refused to answer questions about others who he associated with and who shared his political beliefs and associations, believing Congress was violating his First Amendment rights. He was especially concerned about revealing his associations:
I will be glad to tell what songs I have ever sung, because singing is my business. . . . But I decline to say who has ever listened to them, who has written them, or other people who have sung them.
But if the same thing were to happen today, a Congressional subpoena and a public hearing wouldn’t be necessary for the government to learn all of our associations and other “private affairs.” Since the NSA has been collecting and keeping them, they could just get that same information from their own storehouses of our records.
According to the Constitution, the government is supposed to meet a high standard before collecting this private information about our associations, especially the political ones that the Congressmen were demanding of Seeger. For instance, under the First Amendment, it must“serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.”
It doesn’t matter whether the government wants associations to look for possibly “illegal” activities of civil rights activists, Communist sympathizers, anarchists, trade unionists, war resisters, gun rights activists, environmental activists, drug legalization advocates, or wants to go after legitimate criminals and potential terrorists, if the government can’t justify the collection of this “metadata” on this “strict scrutiny” standard, they’re not allowed to collect any of it. Yet right now, they collect all of it.
We’re still learning of all the ways the government is able to track our associations without anything like the due process and standards required by the First and Fourth Amendments, but it is the centerpiece of the NSA’s mass telephone records collection program under Patriot Act section 215, which EFF is fighting with our First Unitarian Church v. NSA case that focuses on the right of association. Our lead client, the First Unitarian Church of Los Angeles, had its own role in resisting the House Un-American Activities Committee. It’s also part and parcel of the mass collection of content and metadata of people all around the world under section 702 of the FISA Amendments Act. And it’s a real concern even if the companies hold the data, as we’ve seen with the FBI’s self-certified National Security Lettersand the Hemisphere program, where AT&T employees are embedded in government investigations so that they can more readily search through our phone records for the FBI, the DEA and others.
Each of these programs effectively allows the government to do to you what Pete Seeger refused to let them do to him—track your associations, beliefs and other private affairs without proper legal protections. And they can do this at scale that was unimaginable in 1955, thanks to the digital nature of our communications, the digital tools that allow them to search automatically rather than by hand and the fact that so much more about these private affairs is in the hands of third parties like our phone and internet companies.
While Seeger escaped jail, he was convicted of contempt for his failure to answer these questions. Thankfully Joseph McCarthy and the Un-American Activities Committees were later widely condemned, and Americans understandably look back sadly and with embarrassment on time when the Committee forced Americans to reveal their own associations, along with the associations and beliefs of others. With the passing of moral and artistic heroes like Seeger, we should redouble our efforts to make sure that our “private affairs” remain safe and the government’s ability to access them remains subject to careful controls.
Join us on February 11 for the day we fight back against mass surveillance.
Cindy Cohn is legal director for the Electronic Frontier Foundation (EFF), as well as its general counsel, coordinating over 40 national class action lawsuits against the telecommunications carriers and the government seeking to stop warrantless NSA surveillance
NSA Intercepting Laptops Bought Online to Install Spy Malware December 30, 2013
Posted by rogerhollander in Civil Liberties, Constitution, Surveillance, Surveillance State.Tags: fourth amendment, nsa, nsa hackers, right to privacy, roger hollander, spy malware, surveillance, surveillance state, tailored access, tao
add a comment
Roger’s note: I think George Orwell underestimated the problem. According to Glenn Greenwald, “The NSA can literally watch every keystroke you make.”
The NSA’s TAO hacking unit is considered to be the intelligence agency’s top secret weapon
This National Security Agency complex in San Antonio, Texas, located in a former Sony chip factory, is one of the central offices of the intelligence agency’s Tailored Access Operations, the NSA’s top operative unit. It’s something like a squad of plumbers that can be called in when normal access to a target is blocked.
Germany’s Der Spiegel is reporting Sunday that the US National Security Agency (NSA), working with the CIA and FBI, has been intercepting laptops and other electronics bought online before delivery to install malware and other spying tools.
According to Der Spiegel, the NSA diverts shipping deliveries to its own “secret workshops” to install the software before resending the deliveries to their purchasers.
Elite hackers working for the NSA’s Tailored Access Operations (TAO) division are considered to be the intelligence agency’s top secret weapon.
The NSA’s TAO reportedly has backdoor access to many hardware and software systems from major tech companies such as Cisco, Dell, and Western Digital and others. The NSA exploits Microsoft Windows error reports to find weak spots in compromised machines in order to install Trojans and other viruses.
The Der Spiegel report also notes that the NSA has successfully tapped into some of the massive, under-sea fiber-optic cables that connect the global data infrastructure, in particular the “SEA-ME-WE-4″ cable system.
“This massive underwater cable bundle connects Europe with North Africa and the Gulf states and then continues on through Pakistan and India,” Der Spiegel reports, ”all the way to Malaysia and Thailand. The cable system originates in southern France, near Marseille. Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle.”
From Der Spiegel:
To conduct those types of operations, the NSA works together with other intelligence agencies such as the CIA and FBI, which in turn maintain informants on location who are available to help with sensitive missions. This enables TAO to attack even isolated networks that aren’t connected to the Internet. If necessary, the FBI can even make an agency-owned jet available to ferry the high-tech plumbers to their target. This gets them to their destination at the right time and can help them to disappear again undetected after even as little as a half hour’s work.
Responding to a query from SPIEGEL, NSA officials issued a statement saying, “Tailored Access Operations is a unique national asset that is on the front lines of enabling NSA to defend the nation and its allies.” The statement added that TAO’s “work is centered on computer network exploitation in support of foreign intelligence collection.” The officials said they would not discuss specific allegations regarding TAO’s mission.
Sometimes it appears that the world’s most modern spies are just as reliant on conventional methods of reconnaissance as their predecessors.
Take, for example, when they intercept shipping deliveries. If a target person, agency or company orders a new computer or related accessories, for example, TAO can divert the shipping delivery to its own secret workshops. The NSA calls this method interdiction. At these so-called “load stations,” agents carefully open the package in order to load malware onto the electronics, or even install hardware components that can provide backdoor access for the intelligence agencies. All subsequent steps can then be conducted from the comfort of a remote computer.
These minor disruptions in the parcel shipping business rank among the “most productive operations” conducted by the NSA hackers, one top secret document relates in enthusiastic terms. This method, the presentation continues, allows TAO to obtain access to networks “around the world.”
Even in the Internet Age, some traditional spying methods continue to live on.
* * *
An aerial view of National Security Administration (NSA) headquarters in Fort Meade, MD
The Revolutionaries in Our Midst November 11, 2013
Posted by rogerhollander in Democracy, Occupy Wall Street Movement, Whistle-blowing.Tags: #occupy movement, anarchism, anonymous, barret brown, black bloc, chelsea manning, chris hedges, corporate state, edward snowden, espionage act, first amendment, glenn greenwald, jacob applebaum, jeremy hammond, julian assange, laura poitras, ndaa, obama administration, political prisoner, press freedom, revolution, roger hollander, sarah harrison, surveillance state, whistle blower, whistleblowers, wikileaks
add a comment
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!”
Eisenhower’s Drones November 1, 2013
Posted by rogerhollander in History, Imperialism, War.Tags: allen dulles, black sites, cia, david swanson, drone missiles, drones, Dwight Eisenhower, guatemala coup, history, imperialism, iran coup, john foster dulles, lumumba, roger hollander, sukarno, surveillance state
add a comment
Roger’s apologetic note: In the past I have written positively about Dwight Eisenhower, fatherly WWII heroic general and two term president. I was impressed by his opposition to the use of the Atomic Bomb to destroy two Japanese cities and, as president, vetoed the use of the atomic bomb (advocated by his Secretary of State, John Foster Dulles) to defeat the Vietnamese independence army at Dien Bien Phu. And then of course there is is famous and iconic warning about the military industrial complex in his presidential farewell address. Well, those were all good things, but I should have known better than to eulogize a man whose presidency was do detrimental and destructive, as you will read below. Sorry.
And if any of you out there are still fans of the Warren Commission Report (referred to by one pundit as “a work of fiction based upon a real life event”), let me remind you that it was Allen Dulles who was put in charge and controlled the investigation for old tired Earl Warren, who was little more than a figurehead to give credibility. That is the same Allen Dulles, who as CIA head was responsible for the Bay of Pigs fiasco and was summarily fired by Kennedy. The man who hated Kennedy was put in charge of investigating his murder.
OpEdNews Op Eds 11/1/2013 at 11:27:04
By David Swanson (about the author)
President Dwight Eisenhower is often admired for having avoided huge wars, having declared that every dollar wasted on militarism was food taken out of the mouths of children, and having warned — albeit on his way out the door — of the toxic influence of the military industrial complex (albeit in a speech of much more mixed messages than we tend to recall).
But when you oppose war, not because it murders, and not because it assaults the rights of the foreign places attacked, but because it costs too much in U.S. lives and dollars, then your steps tend in the direction of quick and easy warfare — usually deceptively cheap and easy warfare.
President Obama and his subordinates are well aware that much of the world is outraged by the use of drones to kill. The warnings of likely blowback and long-term damage to U.S. interests and human interests and the rule of law are not hard to find. But our current warriors don’t see a choice between murdering people with drones and using negotiations and courts of law to settle differences. They see a choice between murdering people with drones and murdering people with ground troops on a massive scale. The preference between these two options is so obvious to them as to require little thought.
President Eisenhower had his own cheap and easy tool for better warfare. It was called the Delightfully Deluded Dulles Brothers, and — in terms of how much thought this pair of brothers gave to the possible outcomes of their reckless assault on the world — it’s fair to call them a couple of drones in a literal as well as an analogous sense.
John Foster Dulles at the State Department and Allen Dulles at the CIA are the subject of a new book by Stephen Kinzer called The Brothers, which ought to replace whatever history book the Texas School Board has most recently imposed on our children. This is a story of two vicious, racist, fanatical jerks, but it’s also the story of the central thrust of U.S. public policy for the past 75 years.
The NSA didn’t invent sliminess in the 21st century. The Dulles’ grandfather and uncle did. Cameras weren’t first put on airplanes over the earth when drones were invented. Allen Dulles started that with piloted planes — the main result being scandal, outrage, and international antagonism — a tradition we seem intent on keeping up. Oh, and the cameras also revealed that the CIA had been wildly exaggerating the strength of the Soviet Union’s military — but who needed to know that?
The Obama White House didn’t invent aggression toward journalism. Allen and Foster Dulles make the current crop of propagandists, censors, intimidators, and human rights abusers look like amateurs singing from an old hymnal they can’t properly read.
Black sites weren’t created by George W. Bush. Allen Dulles set up secret prisons in Germany, Japan, and the Panama Canal Zone, the MKULTRA program, and the Gladio and other networks of forces staying behind in Europe after World War II (never really) ended.
The Dynamic Dulles Duo racked up quite a resume. They overthrew a democratic government in Iran, installing a fierce dictatorship, and never imagining that the eventual backlash might be unpleasant. Delighted by this — and intimately in on it, as Kinzer documents — Eisenhower backed the overthrow of Guatemala’s democracy as well — both of these operations being driven primarily by the interests of Foster Dulles’ clients on Wall Street (where his firm had been rather embarrassingly late in halting its support for the Nazis). Never mind the hostility generated throughout Latin America, United Fruit claimed its rights to run Guatemala, and who were the Guatemalans to say otherwise?
Unsatisfied with this everlasting damage, the Dulles Brothers dragged the United States into a war of their own making on Vietnam, sought to overthrow Sukarno in Indonesia, teamed up with the Belgians to murder Lumumba in the Congo, and tried desperately to murder Fidel Castro or start an all-out war on Cuba. The Bay of Pigs fiasco was essentially the result of Allen Dulles’ confidence that he could trap a new president (John Kennedy) into expanding a war.
If that weren’t enough damage for two careers, the Disastrous Dulles Dimwits created the Council on Foreign Relations, shaped the creation of the United Nations to preserve U.S. imperialism, manufactured intense irrational fear of the Soviet Union and its mostly mythical plots for global domination, convinced Truman that intelligence and operations should be combined in the single agency of the CIA, sent countless secret agents to their deaths for no earthly reason, unwittingly allowed double agents to reveal much of their activities to their enemies, subverted democracy in the Philippines and Lebanon and Laos and numerous other nations, made hysteria a matter of national pride, ended serious Congressional oversight of foreign policy, pointlessly antagonized China and the USSR, boosted radically evil regimes likely to produce future blowback around the world and notably in Saudi Arabia but also in Pakistan — with predictable damage to relations with India, failed miserably at overthrowing Nasser in Egypt but succeeded in turning the Arab world against the United States, in fact antagonized much of the world as it attempted an unacceptable neutrality in the Cold War, rejected Soviet peace overtures, aligned the U.S. government with Israel, built the CIA headquarters at Langley and training grounds at Camp Peary, and — ironically enough — radically expanded and entrenched the military industrial complex to which “covert actions” were supposed to be the easy new alternative (rather as the drone industry is doing today).
The Dulles Dolts were a lot like King Midas if the king’s love had been for dogshit rather than gold. As icing on the cake of their careers, Allen Dulles — dismissed in disgrace by Kennedy who regretted ever having kept him on — manipulated the Warren Commission’s investigation of Kennedy’s death in a highly suspicious manner. Kinzer says no more than that, but James Douglass’s JFK and the Unspeakable points to other grounds for concern, including Dulles’s apparent coverup of Oswald’s being an employee of the CIA.
Lessons learned? One would hope so. I would recommend these steps:
Abolish the CIA, and make the State Department a civilian operation.
Ban weaponized drones, and avoid a legacy as bad as the covert operations of the 1950s and 1960s.
Stop the disgustingly royalish habit of supporting political family dynasties.
And rename Washington’s international, as well as its national, airport.
Meet the Private Companies Helping Cops Spy on Protesters October 25, 2013
Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Democracy, Occupy Wall Street Movement, Surveillance State, Whistle-blowing.Tags: 3i:mind, bluejay, constitution, edward snowden, john knefel, nice, occupation movement, police militarization, police state, police surveillance, private surveillance, roger hollander, social media, surveillance, surveillance state, zucotti park
1 comment so far
Roger’s note: Back in the last decades of the 2000s, when we participated in protest activities — from the Vietnam War to the Iraq invasions — we knew there were likely to be police abuses and arrests, especially if civil disobedience was part of the strategy. So we prepared by “arming” ourselves with information about our constitutional rights and usually had ACLU lawyer types ready to back us up, their phone numbers in our back pockets. Times have changed. The constitution and habeas corpus doesn’t mean much any more. The police have always acted with a degree of impunity, but today that has increased exponentially, along with a frightening degree of police militarization (they already have armored cars and tanks and will soon have little drone missiles). The crackdowns on the Occupy Movement two years ago made that crystal clear. Do we live in a police state? I think the evidence speaks for itself. Here is just one example of what peaceful protest faces today.
Promotional materials for private spy companies show that mass surveillance technology is being sold to police departments as a way to monitor dissent
A number of private spying companies offer services to help police keep tabs on individual protesters’ tweets and Facebook posts. (Credit: Fuse)
The documents leaked to media outlets by former NSA contractor Edward Snowden this year have brought national intelligence gathering and surveillance operations under a level of scrutiny not seen in decades. Often left out of this conversation, though, is the massive private surveillance industry that provides services to law enforcement, defense agencies and corporations in the U.S. and abroad – a sprawling constellation of companies and municipalities. “It’s a circle where everyone [in these industries] is benefitting,” says Eric King, lead researcher of watchdog group Privacy International. “Everyone gets more powerful, and richer.”
Promotional materials for numerous private spy companies boast of how law enforcement organizations can use their products to monitor people at protests or other large crowds – including by keeping tabs on individual people’s social media presence. Kenneth Lipp, a journalist who attended the International Association of Chiefs of Police conference in Philadelphia from October 19th to 23rd, tells Rolling Stone that monitoring Twitter and Facebook was a main theme of the week. “Social media was the buzzword,” says Lipp. He says much of the discussion seemed to be aimed at designing policies that wouldn’t trigger potentially limiting court cases: “They want to avoid a warrant standard.”
While the specifics of which police departments utilize what surveillance technologies is often unclear, there is evidence to suggest that use of mass surveillance against individuals not under direct investigation is common. “The default is mass surveillance, the same as NSA’s ‘collect it all’ mindset,” says King. “There’s not a single company that if you installed their product, [it] would comply with what anyone without a security clearance would think is appropriate, lawful use.”
The YouTube page for a company called NICE, for instance, features a highly produced video showing how its products can be used in the event of a protest. “The NICE video analytic suite alerts on an unusually high occupancy level in a city center,” a narrator says as the camera zooms in on people chanting and holding signs that read “clean air” and “stop it now.” The video then shows authorities redirecting traffic to avoid a bottleneck, and promises that all audio and video from the event will be captured and processed almost immediately. “The entire event is then reconstructed on a chronological timeline, based on all multimedia sources,” says the narrator. According to an interview with the head of NICE’s security division published in Israel Gateway, NICE systems are used by New Jersey Transit and at the Statue of Liberty, though it isn’t clear if they are the same products shown in the video.
“Thousands of customers worldwide use NICE Security solutions to keep people safe and protect property,” says Sara Preto, a spokesperson for NICE. She declined to confirm any specific clients, but added: “We work with law enforcement and other government agencies within the framework of all relevant and national laws.”
Another program, made by Bright Planet and called BlueJay, is billed in a brochure to law enforcement as a “Twitter crime scanner.” BlueJay allows cops to covertly monitor accounts and hashtags; three that Bright Planet touts in promotional material are #gunfire, #meth, and #protest. In another promotional document, the company says BlueJay can “monitor large public events, social unrest, gang communications, and criminally predicated individuals,” as well as “track department mentions.” Bright Planet did not respond to a request for comment.
A third company, 3i:Mind, lays out a scenario for a potential law enforcement client that begins: “Perhaps you are tracking an upcoming political rally.” It continues:
Once you set up the OpenMIND™ system to profile and monitor the rally, it will search the web for the event on web pages, social networking sites, blogs, forums and so forth, looking for information about the nature of the rally (e.g. peaceful, violent, participant demographics), try to identify both online and physical world activist leaders and collect information about them, monitor the event in real-time and alert you on user-defined critical developments.
The scenario concludes: “Your insight is distributed to the local police force warning them that the political rally may turn violent and potentially thwarting the violence before it occurs.” The 3i:Mind website gives no clues at to which governments or corporations use their products, and public information on the company is limited, though they have reportedly shown their product at various trade shows and police conferences. The company didn’t respond to a request for comment.
Other companies are less upfront about how their products can be used to monitor social unrest. A product that will be familiar to anyone who attended an Occupy Wall Street protest in or around New York’s Zuccotti Park is SkyWatch, by FLIR, pointed out to Rolling Stone by Lipp, the journalist who attended the police conference. SkyWatch is a mobile tower in the form of a two-person cab that can be raised two stories high to provide “an array of surveillance options,” according to a promotional brochure. Those options include cameras and radar, as well as “customizable” options. The brochure says SkyWatch is perfect for “fluid operations whether on the front lines or at a hometown event.” As of this writing, the NYPD still has a SkyWatch deployed in a corner of Zuccotti Park, where Occupy activists were evicted by the police nearly two years ago.
These promotional materials, taken together, paint a picture not only of local police forces becoming increasingly militarized, but also suggest departments are venturing into intelligence-gathering operations that may go well beyond traditional law enforcement mandates. “Two things make today’s surveillance particularly dangerous: the flood of ‘homeland security’ dollars (in the hundreds of millions) to state and local police for the purchase of spying technologies, and the fact that spook technology is outpacing privacy law,” says Kade Crockford, director of the Massachusetts ACLU’s technology for liberty program and the writer of the PrivacySOS blog, which covers these issues closely. “Flush with fancy new equipment, police turn to communities they have long spied on and infiltrated: low-income and communities of color, and dissident communities.”
Many of the legal questions surrounding these kinds of police tactics remain unsettled, according to Faiza Patel, co-director of the Liberty and National Security program at New York University Law School’s Brennan Center for Justice. Information that is publicly available, like tweets and Facebook posts, is generally not protected by the Fourth Amendment, though legal questions may arise if that information is aggregated on a large scale – especially if that collection is based on political, religious or ethnic grounds. “This information can be useful, but it can also be used in ways that violate the Constitution,” says Patel. “The question is: what are [police departments] using it for?”
Rolling Stone contacted police departments for the cities of New York City, Los Angeles, Chicago, Philadelphia and Washington D.C. for comment on this story.
“The Philadelphia Police Department has their own cameras,” says that force’s spokesperson Jillian Russell. “The department does not have private surveillance companies monitor crime.” She directed follow-up questions about software used to process big data to a deputy mayor’s office, who didn’t return a phone call asking for comment.
When asked if the LAPD uses programs to monitor protesters, a media relations email account sent an unsigned message that simply read: “We are not aware of this.”
The other police departments did not respond to requests for comment.
Fresh Leak on US Spying: NSA Accessed Mexican President’s Email October 20, 2013
Posted by rogerhollander in Brazil, Latin America, Mexico, Surveillance State.Tags: Brazil, dilma rousseff, edward snowden, felipe calderon, holger stark, jens glusing, laura poitras, marcel rosenbach, Mexico, nsa, pena nieto, roger hollander, surveillance state
add a comment
The NSA has been systematically eavesdropping on the Mexican government for years. It hacked into the president’s public email account and gained deep insight into policymaking and the political system. The news is likely to hurt ties between the US and Mexico.
The National Security Agency (NSA) has a division for particularly difficult missions. Called “Tailored Access Operations” (TAO), this department devises special methods for special targets.
ANZEIGE
That category includes surveillance of neighboring Mexico, and in May 2010, the division reported its mission accomplished. A report classified as “top secret” said: “TAO successfully exploited a key mail server in the Mexican Presidencia domain within the Mexican Presidential network to gain first-ever access to President Felipe Calderon’s public email account.”According to the NSA, this email domain was also used by cabinet members, and contained “diplomatic, economic and leadership communications which continue to provide insight into Mexico’s political system and internal stability.” The president’s office, the NSA reported, was now “a lucrative source.”
This operation, dubbed “Flatliquid,” is described in a document leaked by whistleblower Edward Snowden, which SPIEGEL has now had the opportunity to analyze. The case is likely to cause further strain on relations between Mexico and the United States, which have been tense since Brazilian television network TV Globo revealed in September that the NSA monitored then-presidential candidate Enrique Peña Nieto and others around him in the summer of 2012. Peña Nieto, now Mexico’s president, summoned the US ambassador in the wake of that news, but confined his reaction to demanding an investigation into the matter.
Now, though, the revelation that the NSA has systematically infiltrated an entire computer network is likely to trigger deeper controversy, especially since the NSA’s snooping took place during the term of Peña Nieto’s predecessor Felipe Calderón, a leader who worked more closely with Washington than any other Mexican president before him.
Brazil Also Targeted
Reports of US surveillance operations have caused outrage in Latin America in recent months. Brazilian President Dilma Rousseff cancelled a planned trip to Washington five weeks ago and condemned the NSA’s espionage in a blistering speech to the United Nations General Assembly.
The US surveillance of politicians in Mexico and Brazil is not a one-off. Internal documents show these countries’ leaders represent important monitoring targets for the NSA, with both Mexico and Brazil ranking among the nations high on an April 2013 list that enumerates the US’ surveillance priorities. That list, classified as “secret,” was authorized by the White House and “presidentially approved,” according to internal NSA documents.
The list ranks strategic objectives for all US intelligence services using a scale from “1” for high priority to “5” for low priority. In the case of Mexico, the US is interested primarily in the drug trade (priority level 1) and the country’s leadership (level 3). Other areas flagged for surveillance include Mexico’s economic stability, military capabilities, human rights and international trade relations (all ranked at level 3), as well as counterespionage (level 4). It’s much the same with Brazil — ascertaining the intentions of that country’s leadership ranks among the stated espionage targets. Brazil’s nuclear program is high on the list as well.
When Brazilian President Rousseff took office in early 2011, one of her goals was to improve relations with Washington, which had cooled under her predecessor, the popular former labor leader Luiz Inácio Lula da Silva. Lula focused primarily on establishing closer ties with China, India and African nations, and even invited Iran’s then-President Mahmoud Ahmadinejad to Brazil, in a snub to the US. President Barack Obama postponed a planned visit to the capital, Brasília, as a result.
Rousseff, however, has distanced herself from Iran. And the first foreign minister to serve under her, Antonio Patriota, who recently resigned, was seen as friendly toward the US, maintaining good ties with his counterpart Hillary Clinton. Obama made a state visit to Brazil two years ago and Rousseff had planned to reciprocate with a visit to Washington this October.
Then came the revelation that US authorities didn’t stop short of spying on the president herself. According to one internal NSA presentation, the agency investigated “the communication methods and associated selectors of Brazilian President Dilma Rouseff and her key advisers.” It also said it found potential “high-value targets” among her inner circle.
Economic Motives?
Rousseff believes Washington’s reasons for employing such unfriendly methods are partly economic, an accusation that the NSA and its director, General Keith Alexander, have denied. Yet according to the leaked NSA documents, the US also monitored email and telephone communications at Petrobras, the oil corporation in which the Brazilian government holds a majority stake. Brazil possesses enormous offshore oil reserves.
Just how intensively the US spies on its neighbors can be seen in another, previously unknown operation in Mexico, dubbed “Whitetamale” by the NSA. In August 2009, according to internal documents, the agency gained access to the emails of various high-ranking officials in Mexico’s Public Security Secretariat that combats the drug trade and human trafficking. This hacking operation allowed the NSA not only to obtain information on several drug cartels, but also to gain access to “diplomatic talking-points.” In the space of a single year, according to the internal documents, this operation produced 260 classified reports that allowed US politicians to conduct successful talks on political issues and to plan international investments.
The tone of the document that lists the NSA’s “tremendous success” in monitoring Mexican targets shows how aggressively the US intelligence agency monitors its southern neighbor. “These TAO accesses into several Mexican government agencies are just the beginning — we intend to go much further against this important target,” the document reads. It goes on to state that the divisions responsible for this surveillance are “poised for future successes.”
While these operations were overseen from the NSA’s branch in San Antonio, Texas, secret listening stations in the US Embassies in Mexico City and Brasília also played a key role. The program, known as the “Special Collection Service,” is conducted in cooperation with the CIA. The teams have at their disposal a wide array of methods and high-tech equipment that allow them to intercept all forms of electronic communication. The NSA conducts its surveillance of telephone conversations and text messages transmitted through Mexico’s cell phone network under the internal code name “Eveningeasel.” In Brasília, the agency also operates one of its most important operational bases for monitoring satellite communications.
This summer, the NSA took its activities to new heights as elections took place in Mexico. Despite having access to the presidential computer network, the US knew little about Enrique Peña Nieto, designated successor to Felipe Calderón.
Spying on Peña Nieto
In his campaign appearances, Peña Nieto would make his way to the podium through a sea of supporters, ascending to the stage like a rock star. He is married to an actress, and also had the support of several influential elder statesmen within his party, the PRI. He promised to reform the party and fight pervasive corruption in the country. But those familiar with the PRI, which is itself regarded by many as corrupt, saw this pledge as little more than a maneuver made for show.
First and foremost, though, Peña Nieto promised voters he would change Mexico’s strategy in the war on drugs, announcing he would withdraw the military from the fight against the drug cartels as soon as possible and invest more money in social programs instead. Yet at the same time, he assured Washington there would be no U-turn in Mexico’s strategy regarding the cartels. So what were Peña Nieto’s true thoughts at the time? What were his advisers telling him?
The NSA’s intelligence agents in Texas must have been asking themselves such questions when they authorized an unusual type of operation known as structural surveillance. For two weeks in the early summer of 2012, the NSA unit responsible for monitoring the Mexican government analyzed data that included the cell phone communications of Peña Nieto and “nine of his close associates,” as an internal presentation from June 2012 shows. Analysts used software to connect this data into a network, shown in a graphic that resembles a swarm of bees. The software then filtered out Peña Nieto’s most relevant contacts and entered them into a databank called “DishFire.” From then on, these individuals’ cell phones were singled out for surveillance.
According to the internal documents, this led to the agency intercepting 85,489 text messages, some sent by Peña Nieto himself and some by his associates. This technology “might find a needle in a haystack,” the analysts noted, adding that it could do so “in a repeatable and efficient way.”
It seems, though, that the NSA’s agents are no longer quite as comfortable expressing such pride in their work. Asked for a comment by SPIEGEL, the agency replied: “We are not going to comment publicly on every specific alleged intelligence activity, and as a matter of policy we have made clear that the United States gathers foreign intelligence of the type gathered by all nations. As the President said in his speech at the UN General Assembly, we’ve begun to review the way that we gather intelligence, so that we properly balance the legitimate security concerns of our citizens and allies with the privacy concerns that all people share.”
Meanwhile, the NSA’s spying has already caused considerable political damage in the case of Brazil, seriously denting the mutual trust between Rousseff and Obama. Brazil now plans to introduce a law that will force companies such as Google and Facebook to store their data inside Brazil’s borders, rather than on servers in the US, making these international companies subject to Brazilian data privacy laws. The Brazilian government is also developing a new encryption system to protect its own data against hacking.
So far, Mexico has reacted more moderately — although the fact that the NSA infiltrated even the presidential computer network wasn’t known until now. Commenting after TV Globo first revealed the NSA’s surveillance of text messages, Peña Nieto stated that Obama had promised him to investigate the accusations and to punish those responsible, if it was found that misdeeds had taken place.In response to an inquiry from SPIEGEL concerning the latest revelations, Mexico’s Foreign Ministry replied with an email condemning any form of espionage on Mexican citizens, saying such surveillance violates international law. “That is all the government has to say on the matter,” stated a spokesperson for Peña Nieto.
Presumably, that email could be read at the NSA’s Texas location at the same time.
Miranda Detention: ‘Blatant Attack on Press Freedom’ August 28, 2013
Posted by rogerhollander in Civil Liberties, Democracy, Media, Whistle-blowing.Tags: david miranda, democracy, edward snowden, first amendment, freedom of press, gchq, glenn greenwald, guardian, journalism, keyscore, laura poitras, Media, nsa, press freedom, roger hollander, surveillance state, tempora, whistle blower
add a comment
A Commentary by Laura Poitras
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.
Humanity Is Drowning In Washington’s Criminality August 14, 2013
Posted by rogerhollander in Civil Liberties, Constitution, Democracy, Whistle-blowing, Wikileaks.Tags: assange, civil liberties, constitution, economy, eric holder, fbi entrappment, habeas corpus, humanity, impeachment, james r. clapper, Nancy Pelosi, neoconservative, nsa surveillance, paul craig roberts, police state, roger hollander, rule of law, snowden, surveillance state, survelleince, terrorism
1 comment so far
Roger’s note: before reading this article, please not that the author is not Noam Chomsky or Ralph Nader, but rather a former official in the Reagan administration and writer for the Wall Street Journal.
By Paul Craig Roberts (about the author)
OpEdNews Op Eds 8/13/2013 at 16:06:54
Americans will soon be locked into an unaccountable police state unless US Representatives and Senators find the courage to ask questions and to sanction the executive branch officials who break the law, violate the Constitution, withhold information from Congress, and give false information about their crimes against law, the Constitution, the American people and those in Afghanistan, Pakistan, Yemen, Iraq, Libya, Syria, Somalia, Guantanamo, and elsewhere. Congress needs to use the impeachment power that the Constitution provides and cease being subservient to the lawless executive branch. The US faces no threat that justifies the lawlessness and abuse of police powers that characterize the executive branch in the 21st century.
http://www.paulcraigroberts.org/
roger hollander 
The Vindication of Edward Snowden May 12, 2015
Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Surveillance, Surveillance State, Whistle-blowing.Tags: aclu, bulk surveillance, conor friedersdorf, constitution, edward snowden, nsa, nsa secrets, patriot act, phone dragnet, roger hollander, state secrets, surveillance state, whistle blower, whistleblower
add a comment
Roger’s note: I suppose, at least in theory, there may be a justification for a “state secrets” doctrine. I could picture an extreme circumstance where the democratic right of the people and their representatives to know could be trumped because making information public could aid and abet an enemy in an imminently dangerous way. Nevertheless, that doctrine has been used and abused over and over again to evade accountability; and I am not aware of a single case where it was used to avoid an actual danger.
But with respect to “legality,” I have often referred to a speech given many years ago by the notable civil liberties lawyer William Kunstler, which showed how some of the most noteworthy crimes in history — from the executions of Socrates and Jesus to the Nazi Holocaust — have been perpetrated under the color of “the Law.” My point is that men (sic) make the laws and the victors write the history. Take the issue under consideration in the following article, Snowden’s uncovering of NSA bulk surveillance. A federal appeals court says it is illegal. This will be appealed to the Supreme Court, which could well reverse with the result that was illegal one day becomes legal the next.
The Law and the judicial system are sacred and not to be taken lightly. But in the final analysis, it comes down who holds political and economic and military power. And in our world today those who own and operate monopoly capitalism are in the driver’s seat. Justice will not come about until they are dislodged.
A federal appeals court has ruled that one of the NSA programs he exposed was illegal.
Mark Blinch / Reuters
Conor Friedersdorf May 11, 2015 http://www.theatlantic.com
Edward Snowden’s most famous leak has just been vindicated. Since June 2013, when he revealed that the telephone calls of Americans are being logged en masse, his critics have charged that he took it upon himself to expose a lawful secret. They insisted that Congress authorized the phone dragnet when it passed the U.S.A. Patriot Act, citing Section 215, a part of the law that pertains to business records.
That claim was always suspect. The text of the law does not seem to authorize mass surveillance. A primary author and longtime champion of the law avows that Congress never intended to authorize the phone dragnet. And nothing like it was ever discussed during an extensive, controversy-filled debate about its provisions.
Now the wrongheadedness of the national-security state’s position has been confirmed.
A panel of judges on the Second Circuit Court of Appeals ruled last week that the program Snowden exposed was never legal. The Patriot Act does not authorize it, contrary to the claims of George W. Bush, Barack Obama, Michael Hayden, Keith Alexander, and James Clapper. “Statutes to which the government points have never been interpreted to authorize anything approaching the breadth of the sweeping surveillance at issue here,” Judge Gerard E. Lynch declared. “The sheer volume of information sought is staggering.”
Other conclusions reached by the three-judge panel include the following:
“The interpretation that the government asks us to adopt defies any limiting principle.”
“We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.There is no evidence of such a debate …”
“Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware … only a limited subset of members of Congress had a comprehensive understanding of the program…”
“Finding the government’s interpretation of the statute to have been ‘legislatively ratified’ under these circumstances would ignore reality.”
Consider what this means.
Telling the public about the phone dragnet didn’t expose a legitimate state secret. It exposed a violation of the constitutional order. For many years, the executive branch carried out a hugely consequential policy change that the legislature never approved. Tens of millions of innocent U.S. citizens were thus subject to invasions of privacy that no law authorized. And the NSA’s unlawful behavior would’ve continued, unknown to the public and unreviewed by Article III courts, but for Snowden’s leak, which caused the ACLU to challenge the illegal NSA program.
Snowden undeniably violated his promise to keep the NSA’s secrets.
But doing so was the only way to fulfill his higher obligation to protect and defend the Constitution, which was being violated by an executive branch exceeding its rightful authority and usurping the lawmaking function that belongs to the legislature. This analysis pertains only to the leaked documents that exposed the phone dragnet, not the whole trove of Snowden leaks, but with respect to that one set of documents there ought to be unanimous support for pardoning his disclosure.
Any punishment for revealing the phone dragnet would be unjust.
Now that a federal appeals court has found that Section 215 of the Patriot Act did not in fact authorize the policy, punishing a man for exposing the program would set this precedent: Whistleblowers will be punished for revealing illegal surveillance. That’s the position anyone who still wants Snowden prosecuted for that leak must take, if the ruling stands. (Other federal courts have issued rulings pointing in contrary directions, and this latest ruling will likely be appealed.)
Related Story
Does the PATRIOT Act Allow Bulk Surveillance?
Consider how this federal court ruling informs the debate over state secrets generally. Civil libertarians have long warned that secret national-security policies undermine both representative democracy and our system of checks and balances.
And that is exactly what happened with respect to the phone dragnet!