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Gary Edwards

Pandora Internet Radio - Listen to Free Music You'll Love - 0 views

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    Bye bye encryption :( It's incredible to think this could happen in America. Marbux and I recently signed up for lavabit accounts, hoping to use the PGP encryption. And we knew uber patriot Edward Snowden had used Lavabit. Yet, it didn't occur to us that the Feds would shut demand their information and shut them down. We are fools. We take our freedom for granted and expect the Constitution to be upheld and adhered to. It's the law of the land, and no entity, public or private, can trump the law of the land. Yet, here we are. Totally trumped. No longer free. I feel like someone so used to the passing of night into day and back again, my freedom so caught up within the rhythms of the seasons and the passing of time that I am unable to see that it's become night time and darkness everywhere. There will be no return to sunlight unless we make it so. And the Guardian has it right: Cloud Computing will grind to a halt in the USSA. excerpt: "On Thursday afternoon, Ladar Levison, the owner and operator of Lavabit, an email service that prides itself on privacy and security, abruptly closed his website, posting a short message to his former users. "I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly 10 years of hard work by shutting down Lavabit," he wrote. "After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision. I cannot." Levison might be gagged by the law, but it's not hard to guess at least part of the reason why his site is having legal troubles. In early July, journalists and human rights activists received an email from edsnowden@lavabit.com, inviting them to a press conference in Moscow's Sheremetyevo airport. Given the NSA leaker's understandable desire for security, it is not surprising that Edward Snowden would use a service designed for keeping messages out of prying hand
Paul Merrell

Tomgram: Engelhardt, The Bermuda Triangle of National Security | TomDispatch - 0 views

  • As with a magician, sometimes you have to look where he isn’t pointing to catch sight of reality.  With that in mind, I’d like to nominate British journalist Patrick Cockburn for a prize.  In the midst of the recent headlines, in the most important article no one noticed, he pointed out something genuinely unnerving about our world.
  • Yes, we’re all aware that the U.S. invasion of Iraq didn’t exactly work out as planned and that Afghanistan has been a nearly 13-year disaster, even though the U.S. faced the most ragtag of minority insurgencies in both places.  What, however, about the monumental struggle that used to be called the Global War on Terror?  After all, we got Osama bin Laden.  It took a while, but SEAL Team 6 shot him down in his hideout in Pakistan.  And for years, thanks to the CIA’s drone assassination campaigns in the Pakistani tribal borderlands, Yemen, and Somalia (as well as a full scale hunter-killer operation in Iraq while we were still occupying that country), we’ve been told that endless key al-Qaeda “lieutenants” have been sent to their deaths and that al-Qaeda in Afghanistan has been reduced to 50-100 members. Yet Cockburn concludes: “Twelve years after the ‘war on terror’ was launched it has visibly failed and al-Qaeda-type jihadis, once confined to a few camps in Afghanistan, today rule whole provinces in the heart of the Middle East.”  Look across that region today and from Pakistan to Libya, you see the rise, not the fall, of jihadis of every type.  In Syria and parts of Iraq, groups that have associated themselves with al-Qaeda now have a controlling military presence in territories the size of, as Cockburn points out, Great Britain.  He calls al-Qaeda’s recent rise as the jihadi brand name of choice and the failure of the U.S. campaign against it “perhaps the most extraordinary development of the 21st century.”  And that, unlike the claims we've been hearing at the top of the news for weeks now, might not be an exaggeration.
  • Looked at another way, despite what had just happened to the Pentagon and those towers in New York, on September 12, 2001, the globe’s “sole superpower” had remarkably few enemies.  Small numbers of jihadis scattered mostly in the backlands of the planet and centered in an impoverished, decimated country -- Afghanistan -- with the most retro regime on Earth.  There were, in addition, three rickety “rogue states” (North Korea, Iraq, and Iran) singled out for enemy status but incapable of harming the U.S., and that was that. The world, as Dick Cheney & Co. took for granted, looked ready to be dominated by the only (angry) hyperpower left after centuries of imperial rivalry.  The U.S. military, its technological capability unrivaled by any state or possible grouping of states, was to be let loose to bring the Greater Middle East to heel in a decisive way.  Between that regular military and para-militarizing intelligence agencies, the planet was to be scoured of enemies, the “swamp drained” in up to 60 countries.  The result would be a Pax Americana in the Middle East, and perhaps even globally, into the distant future.  It was to be legendary.  And no method -- not torture, abuse, kidnapping, the creation of “black sites,” detention without charges, assassination, the creation of secret law, or surveillance on a previously unimaginable scale -- was to be left out of the toolkit used to birth this new all-American planet.  The “gloves” were to be taken off in a big way.
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  • Thirteen years later, those plans, those dreams are down the drain.  The Greater Middle East is in chaos.  The U.S. seems incapable of intervening in a meaningful way just about anywhere on Earth despite the fact that its military remains unchallenged on a global level.  It’s little short of mind-blowing.  And it couldn’t have been more unexpected for those in power in Washington and perhaps for Americans generally.  This is perhaps why, despite changing American attitudes on interventions and future involvement abroad, it’s been so hard to take in, so little focused upon here -- even in the bogus, politicized discussions of American “strength” and “weakness” which circle around the latest Russian events, as they had previously around the crises in Iran and Syria. Somehow, with what in any age would have seemed like a classic winning hand, Washington never put a card on that “table” (on which all “options” were always being kept open) that wasn’t trumped.  Events in Ukraine and the Crimea seem to be part of this. The Chinese had an evocative phrase for times of dynastic collapse: “chaos under heaven.”  Moments when it seems as if the planet itself is shifting on its axis don’t come often, but they may indeed feel like chaos under heaven -- an increasingly apt phrase for a world in which no country seems to exert much control, tensions are rising in hard to identify ways, and the very climate, the very habitability of the planet is increasingly at risk.
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    Incrediby perceptive essay by Tom Engelhardt on the state of the national security state.
Paul Merrell

Call for punishment of Missouri police behind crackdown on journalists - Reporters With... - 0 views

  • At least 15 journalists have been unfairly arrested during the clashes between the police and protesters in Ferguson, Missouri, after a white officer shot dead a young unarmed black man, Michael Brown, on 9 August. As rioting has gripped the town for almost two weeks, police have cracked down on the journalists covering the violence. The arbitrary detention of Washington Post reporter Wesley Lowery and Ryan J. Reilly of the Huffington Post on 13 August appeared at first to be isolated instances as a result of the protests getting out of hand, but they were followed by the arrests of at least 13 more journalists, three of them German and one Turkish. All were handcuffed as a matter of routine. The freelance photojournalist Coulter Loeb, on assignment for the Cincinnati Herald, is the most recent to have been placed under arrest. He was held for six hours overnight on 19 August. Journalists are also victims of police brutality. According to Al-Jazeera correspondent Ash-har Quraishi, tear gas was deliberately aimed at his crew.
  • “Reporters Without Borders calls for the punishment of the officers responsible for the arbitrary arrests of journalists covering the demonstrations,” said Camille Soulier, the head of the organization’s Americas desk. “The arrest of journalists for reporting on the riots are in flagrant violation of International conventions as well as the U.S. constitution. An investigation must be carried out to identify the officers that deliberately assaulted and threatened those working for the media. There could be further wrongful arrests unless the authorities take decisive action against such shortcomings on the part of the police.” A resolution passed by the U.N. Human Rights Council in March this year urges states to “pay particular attention to the safety of journalists and media workers covering peaceful protests.” On 15 August, the American Civil Liberties Union and the Missouri police authorities signed an agreement that they “acknowledge and agree that the media and members of the public have the right to record public events without abridgement unless it obstructs the activities or threatens the safety of others, or physically interferes with the ability of law enforcement officers to perform their duties.”
  • Such an agreement may appear unnecessary in the land of the First Amendment, but it should act as a reminder to officers on the ground. In addition, Reporters Without Borders and more than 40 other media organizations have signed a letter at the instigation of the Reporters Committee for Freedom of the Press requesting the Missouri police authorities to allow journalist to do their work. The journalists arrested in Ferguson are listed on the website of the Freedom of the Press Foundation. The United States is ranked 46th of 180 countries in the 2014 Reporters without Borders press freedom index, 13 places below its position in the 2013 edition.
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    Tragically, the ACLU had to get a stipulation with state, county, and Ferguson city police that reporters and the press have a right to record public events on video  "without abridgement unless it obstructs the activity or threatens the safety of others or physically interferes or interferes with the ability of law enforcement officers to perform their duties" The ACLU lawsuit over the rough stuff against reporters is still pending.  One might hope that word would have got around by now among all police in America that the Supreme Court has ruled that the public has that right under the First Amendment, but there remains a fairly constant flow of cops who arrest people for recording their activities, seize their cameras, or break them. And playing rough with reporters is plain stupid; it's just asking for a scandal. Police in the U.S. have no right to be dumb as a doornail.
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
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  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
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    Remarkable interview. Snowden finally gets asked some questions about politics. 
Paul Merrell

Voters Say "Yes" to the Republican Who Said "No" to Wall Street | The Nation - 0 views

  • House Speaker John Boehner and his cronies removed North Carolina Congressman Walter Jones from the House Financial Services Committee in late 2012, as part of a purge that removed Republicans who were not all in for Wall Street -- and for Boehner's brand of "service" to the industries that are supposed to be regulated by Congress -- from the one panel with the power to hold bankers and brokers to account. But Jones, who had opposed bank bailouts and favored Wall Street regulation, did not go quietly. He spoke up about the purge and made little secret of his sense that -- though he had split with Boehner on a number of issues -- his biggest "sin" in the eyes of the party leadership was his refusal to bow to the demands of big campaign donors. “This whole place is all about money. Money is more important than policy,” complained Jones, who has in recent years co-sponsored most major pieces of campaign-finance reform legislation in the House -- including a call for a constitutional amendment designed to restore the ability of federal, state and local officials to regulate campaign spending.
  • The congressman's bluntness did not go over well with the masters of the universe on Wall Street. So, this spring, they set out to purge Walter Jones from Congress altogether. They found a consummate DC insider with close ties to the financial-services industry, Taylor Griffin, and filled the challenger's campaign treasury with PAC checks from J.P. Morgan, Wells Fargo and Bank of America, as well as political powerbrokers like former Republican National Committee chairman Haley Barbour and Wayne Berman of the Blackstone Group. It did not stop there. Jones' independence extended far beyond debates over Wall Street bailouts and regulation. The Republican is a social and economic conservative -- make that a social and economic very conservative -- but he has repeatedly broken with the party establishment on issues of war and peace, privacy rights, trade policy and budgets. He even voted against proposals by the darling of Wall Street and the party establishment, Congressman Paul Ryan
  • Bush administration aides and apologists rushed in with public statements and "independent" expenditures to attack Jones for his opposition to wars in Iraq and Afghanistan, and for his refusal to go along with moves that might lead to wars with Iran and other countries. Former Bush White House spokesman Ari Fleischer gave his enthusiastic backing to Griffin, as did former national security adviser Juan Zarate. Sarah Palin, one of the party's most consistent militarists, came in big for Griffin, who hailed her as an "old friend." A neo-conservative group, the Emergency Committee For Israel, spent at least $250,000 on ads that claimed Jones "preaches American decline." What Jones actually said was that, “Lyndon Johnson’s probably rotting in hell right now because of the Vietnam War, and he probably needs to move over for Dick Cheney.” At the same time, the wealthy champions of Ryan's crony-capitalist approach to budgeting were in with big money for TV ads and direct mail from the "Ending Spending Action Fund" -- a super PAC backed by billionaire businessman Joe Ricketts. By a lot of DC measures, Jones should have been doomed.
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  • But the ten-term congressman bet that the voters of eastern North Carolina would stick with him. “I’m not going to sacrifice my integrity for anyone or any party,” he said. “It’s the price you pay. I didn’t come (to Washington) to be a puppet for anyone. And I think the public back in my district, which is the most important, has seen I’m willing to do what I think is right.” It was the right bet. On Tuesday, Republican primary voters in eastern North Carolina decided to purge the Wall Street donors and the special interests. The reelected Walter Jones by a solid 51-45 margin.
Gary Edwards

Mice and Men: The Failures of Closing our MidEast Embassies | We Meant Well - Peter Van... - 0 views

  • What do you call it when you follow the same strategy for twelve years not only without success, but with negative results? What if time shows that that strategy actually helps the enemy you seek to defeat? Failure.
  • Failing to Learn America’s global war of terror can this week be declared officially a failure, total and complete. After twelve years of invasions, drones, torture, spying and gulags, the U.S. closed its embassies and consulates across (only) the Muslim world. Not for a day, but in most cases heading toward a week, with terror warnings on file lasting through the month. The U.S. evacuated all non-essential diplomatic and military personnel from Yemen; dependents are already gone from most other MidEast posts. Only our fortress embassies in Kabul and Baghdad ironically were considered safe enough to reopen a day or two ago. The cause of all this? Apparently a message from al Qaeda leader Ayman al Zawahiri to his second in command in Yemen telling him to “do something.”
  • Failure to Understand All this might be read in one of three ways: – The simplest explanation is that the threat is indeed real. Twelves years of war has simply pushed the terror threat around, spilled mercury-like, from country to country. A Whack-a-Mole war. – U.S. officials, perhaps still reeling from Edward Snowden’s NSA disclosures, chose to exaggerate a threat, in essence creating a strawman that could then be defeated. In favor of this argument are the many “leaks” noted above, essentially disclosing raw intel, specific conversations that would clearly reveal to the al Qaeda people concerned how and when they were monitored. Usually try to avoid that in the spy biz. The Frankenbomber stuff is pure 2001 scare tactic recycled. The idea that al Qaeda sought to seize infrastructure is a certain falsehood , as the whole point of guerrilla war is never to seize things, which would create a concentrated, open, stationary target that plays right into the Big Hardware advantage the U.S. holds. Just does not make sense, and supports the idea that this is all made-up for some U.S. domestic purpose. – However, the third way of looking at this is that the U.S. has failed to walk away from the climate of fear and paranoia that has distorted foreign and domestic policy since 9/12, Chicken Littles if you will. What if the U.S. really believed that al Qaeda was planning to take over Yemen this week in spite of the odd inconsistencies? What if “chatter” was enough to provoke the last Superpower into a super-sized public cower?
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  • Failure to Not Act The why in this case may not matter, when the what is so controlling.
  • That sadly predictable resort to violence by the U.S. shows that we have fundamentally failed to understand that in a guerrilla war one cannot shoot one’s way out.
  • You win by offering a better idea to people than the other side, while at the same time luring the other side into acts of violence and political repression that make them lose the support of those same people.
  • This is asymmetrical warfare 101 stuff.
  • –In the populations al Qaeda seeks to influence, claiming they “humbled and scared” the US twelve years after 9/11 simply by ramping up their chatter seems an effective al Qaeda strategy.
  • As with the British thrashing about as their empire collapsed, the world’s greatest military defeated by natives with old rifles, so now goes the U.S., by its own hand.
  • “We continue to pay in blood because we can’t learn how to do something besides fight.”
Paul Merrell

No, Israel Does Not Have the Right to Self-Defense In International Law Against Occupie... - 0 views

  • On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country. Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.  A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law. 
  • Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.  
  • International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.  The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law. 
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  • Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.  Occupation Law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)
  • When It Is Just to Begin to Fight  The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited.  In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.
  • Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.  Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:  
  • To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“  To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law. 
  • Noura Erakat
Paul Merrell

U.S. "Humanitarian" Bombing of Iraq: A Redundant Presidential Ritual - The Intercept - 0 views

  • There are several brief points worth noting about all of this: (1) For those who ask “what should be done?,” has the hideous aftermath of the NATO intervention in Libya – hailed as a grand success for “humanitarian interventions” – not taught the crucial lessons that (a) bombing for ostensibly “humanitarian” ends virtually never fulfills the claimed goals but rather almost always makes the situation worse; (b) the U.S. military is not designed, and is not deployed, for “humanitarian” purposes?; and (c) the U.S. military is not always capable of “doing something” positive about every humanitarian crisis even if that were really the goal of U.S. officials? The suffering in Iraq is real, as is the brutality of ISIS, and the desire to fix it is understandable. There may be some ideal world in which a superpower is both able and eager to bomb for humanitarian purposes. But that is not this world. Just note how completely the welfare of Libya was ignored by most intervention advocates the minute the fun, glorious, exciting part – “We came, we saw, he died,” chuckled Hillary Clinton – was over.
  • (2) It is simply mystifying how anyone can look at U.S. actions in the Middle East and still believe that the goal of its military deployments is humanitarianism. The U.S. government does not oppose tyranny and violent oppression in the Middle East. To the contrary, it is and long has been American policy to do everything possible to subjugate the populations of that region with brutal force – as conclusively demonstrated by stalwart U.S. support for the region’s worst oppressors. Or, as Hillary Clinton so memorably put it in 2009: “I really consider President and Mrs. Mubarak to be friends of my family.” How can anyone believe that a government whose overt, explicit policy is “regime continuity” for Saudi Arabia, and who continues to lend all sorts of support to the military dictators of Egypt, is simultaneously driven by humanitarian missions in the region? (3) “Humanitarianism” is the pretty packaging in which all wars – even the most blatantly aggressive ones – are wrapped, but it is almost never the actual purpose. There are often numerous steps the U.S. could take to advance actually humanitarian goals, but those take persistence and resources, and entail little means of control, and are thus usually ignored in favor of blowing things and people up with Freedom Bombs.
  • (4) Note how even the pretenses of constitutional democracy are now dispensed with: there is a reasonable legal debate over legality, but in essence: the President has the power to order bombing of Iraq because he decides it should happen. (5) Perhaps having Israel and the U.S. simultaneously bombing Arabs in different countries – yet again – will create some extremely negative consequences?
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  • (6) This above-documented parade of “Saddam-is-worse-than-Hitler” campaigns was surrounded by stints of U.S. arming and funding of the very same Saddam (the same, of course, was true of the Taliban precursors, Gadhaffi, Iran, Manuel Noriega, and virtually every other Latest Villain who needed to be bombed; the US was roughly allied with ISIS allies in Syria and American allies fund ISIS itself). The propaganda has gone from “pulling babies from incubators: as bad as Hitler” to “rape rooms: worse than Hitler” to the new slogan: “worse than al-Qaeda!” What’s left? For quite some time, it was Mahmoud Ahmadinejad – the democratically elected president of Iran who left office peacefully at the end of his term and who never actually invaded anybody – who was The New Hitler. As all of this demonstrates, there certainly are some heinous, violent people in the world: often including America’s closest allies and the ones who unleash the violence documented here, as well as those at whom that violence is directed. But perhaps some perspective and serious skepticism is warranted the next time we’re relentlessly bombarded with messaging about The New Greatest Villainous Threat in History – and especially manipulative accusations that opposition to U.S. military attack is indicative of support for those New Villains – as a means to secure acquiescence to the next bombing campaign.
  • (7) Maybe this and this, rather than humanitarianism, is a more significant influence in this new bombing campaign? Targeted strikes against ISIS is obviously not remotely the same as a full-scale invasion of Iraq, but whatever else is true, and whatever one’s opinions are on this latest bombing, it is self-evidently significant that, as the NYT’s Peter Baker wrote today, “Mr. Obama became the fourth president in a row to order military action in that graveyard of American ambition” known as Iraq.
Paul Merrell

ECHELON: NSA's Global Electronic Interception - 0 views

  • 12 August 1988  Cover, pages 10-12   Somebody's  listening  . . . and they don't give a damn about personal privacy or commercial confidence. Project 415 is a top-secret new global surveillance system. It can tap into a billion calls a year in the UK alone. Inside Duncan Campbell on how spying entered the 21st century . . .  They've got it taped In the booming surveillance industry they spy on whom they wish, when they wish, protected by barriers of secrecy, fortified by billions of pounds worth of high, high technology. Duncan Campbell reports from the United States on the secret Anglo-American plan for a global electronic spy system for the 21st century capable of listening in to most of us most of the time   American, British and Allied intelligence agencies are soon to embark on a massive, billion-dollar expansion of their global electronic surveillance system. According to information given recently in secret to the US Congress, the surveillance system will enable the agencies to monitor and analyse civilian communications into the 21st century. Identified for the moment as Project P415, the system will be run by the US National Security Agency (NSA). But the intelligence agencies of many other countries will be closely involved with the new network, including those from Britain, Australia, Germany and Japan--and, surprisingly, the People's Republic of China. New satellite stations and monitoring centres are to be built around the world, and a chain of new satellites launched, so that NSA and its British counterpart, the Government Communications Headquarters (GCHQ) at Cheltenham, may keep abreast of the burgeoning international telecommunications traffic.
  • Both the new and existing surveillance systems are highly computerised. They rely on near total interception of international commercial and satellite communications in order to locate the telephone or other messages of target individuals. Last month, a US newspaper, the Cleveland Plain Dealer, revealed that the system had been used to target the telephone calls of a US Senator, Strom Thurmond. The fact that Thurmond, a southern Republican and usually a staunch supporter of the Reagan administration, is said to have been a target has raised fears that the NSA has restored domestic, electronic, surveillance programmes. These were originally exposed and criticised during the Watergate investigations, and their closure ordered by President Carter. After talking to the NSA, Thurmond later told the Plain Dealer that he did not believe the allegation. But Thurmond, a right-wing Republican, may have been unwilling to rock the boat. Staff members of the Permanent Select Committee on Intelligence said that staff were "digging into it" despite the "stratospheric security classification" of all the systems involved. The Congressional officials were first told of the Thurmond interception by a former employee of the Lockheed Space and Missiles Corporation, Margaret Newsham, who now lives in Sunnyvale, California. Newsham had originally given separate testimony and filed a lawsuit concerning corruption and mis-spending on other US government "black" projects. She has worked in the US and Britain for two corporations which manufacture signal intelligence computers, satellites and interception equipment for NSA, Ford Aerospace and Lockheed. Citing a special Executive Order signed by President Reagan. she told me last month that she could not and would not discuss classified information with journalists. But according to Washington sources (and the report in the Plain Dealer, she informed a US Congressman that the Thurmond interception took place at Menwith Hill, and that she p
  • A secret listening agreement, called UKUSA (UK-USA), assigns parts of the globe to each participating agency. GCHQ at Cheltenham is the co-ordinating centre for Europe, Africa and the Soviet Union (west of the Ural Mountains). The NSA covers the rest of the Soviet Union and most of the Americas. Australia--where another station in the NSA listening network is located in the outback--co-ordinates the electronic monitoring of the South Pacific, and South East Asia.
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  • During the Watergate affair. it was revealed that NSA, in collaboration with GCHQ, had routinely intercepted the international communications of prominent anti-Vietnam war leaders such as Jane Fonda and Dr Benjamin Spock. Another target was former Black Panther leader Eldridge Cleaver. Then in the late 1970s, it was revealed that President Carter had ordered NSA to stop obtaining "back door" intelligence about US political figures through swapping intelligence data with GCHQ Cheltenham.
  • ince then, investigators have subpoenaed other witnesses and asked them to provide the complete plans and manuals of the ECHELON system and related projects. The plans and blueprints are said to show that targeting of US political figures would not occur by accident. but was designed into the system from the start. While working at Menwith Hill, Newsham is reported to have said that she was able to listen through earphones to telephone calls being monitored at the base. Other conversations that she heard were in Russian. After leaving Menwith Hill, she continued to have access to full details of Menwith Hill operations from a position as software manager for more than a dozen VAX computers at Menwith which operate the ECHELON system. Newsham refused last month to discuss classified details of her career, except with cleared Congressional officials. But it has been publicly acknowledged that she worked on a large range of so-called "black" US intelligence programmes, whose funds are concealed inside the costs of other defence projects. She was fired from Lockheed four years ago after complaining about the corruption, and sexual harassment.
  • he largest overseas station in the Project P415 network is the US satellite and communications base at Menwith Hill. near Harrogate in Yorkshire. It is run undercover by the NSA and taps into all Britain's main national and international communications networks (New Statesman, 7 August 1980). Although high technology stations such as Menwith Hill are primarily intended to monitor international communications, according to US experts their capability can be, and has been, turned inwards on domestic traffic. Menwith Hill, in particular, has been accused by a former employee of gross corruption and the monitoring of domestic calls. The vast international global eavesdropping network has existed since shortly after the second world war, when the US, Britain, Canada, Australia and New Zealand signed a secret agreement on signals intelligence, or "sigint". It was anticipated, correctly, that electronic monitoring of communications signals would continue to be the largest and most important form of post-war secret intelligence, as it had been through the war. Although it is impossible for analysts to listen to all but a small fraction of the billions of telephone calls, and other signals which might contain "significant" information, a network of monitoring stations in Britain and elsewhere is able to tap all international and some domestic communications circuits, and sift out messages which sound interesting. Computers automatically analyse every telex message or data signal, and can also identify calls to, say, a target telephone number in London, no matter from which country they originate.
  • If Margaret Newsham's testimony is confirmed by the ongoing Congressional investigation, then the NSA has been behaving illegally under US law--unless it can prove either that Thurmond's call was intercepted completely accidentally, or that the highly patriotic Senator is actually a foreign spy or terrorist. Moreover NSA's international phone tapping operations from Menwith Hill and at Morwenstow, Cornwall, can only be legal in Britain if special warrants have been issued by the Secretary of State to specify that American intelligence agents are persons to whom information from intercepts must or should be given. This can not be established, since the government has always refused to publish any details of the targets or recipients of specific interception warrants.
  • Both British and American domestic communications are also being targeted and intercepted by the ECHELON network, the US investigators have been told. The agencies are alleged to have collaborated not only on targeting and interception, but also on the monitoring of domestic UK communications. Special teams from GCHQ Cheltenham have been flown in secretly in the last few years to a computer centre in Silicon Valley near San Francisco for training on the special computer systems that carry out both domestic and international interception.
  • The centre near San Francisco has also been used to train staff from the "Technical Department" of the People's Liberation Army General Staff, which is the Chinese version of GCHQ. The Department operates two ultra-secret joint US-Chinese listening stations in the Xinjiang Uighur Autonomous Region, close to the Soviet Siberian border. Allegedly, such surveillance systems are only used to target Soviet or Warsaw Pact communications signals, and those suspected of involvement in espionage and terrorism. But those involved in ECHELON have stressed to Congress that there are no formal controls over who may be targeted. And I have been told that junior intelligence staff can feed target names into the system at all levels, without any check on their authority to do so. Witnesses giving evidence to the Congressional inquiry have discussed whether the Democratic presidential contender Jesse Jackson was targeted; one source implied that he had been. Even test engineers from manufacturing companies are able to listen in on private citizens' communications, the inquiry was told. But because of the special Executive Order signed by President Reagan, US intelligence operatives who know about such politically sensitive operations face jail sentences if they speak out--despite the constitutional American protection of freedom of speech and of the press. And in Britain, as we know, the government is in the process of tightening the Official Secrets Act to make the publication of any information from intelligence officials automatically a crime, even if the information had already been published, or had appeared overseas first.
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    From the original series of ariticles * in 1988 * that first brought the Five Eyes' nation's ECHELON surveillance project to light. But note the paragarph about the disclosure during the Watergate scandal (early 1970s) about domestic digital surveillance of antiwar leaders and Black Panther leader Eldridge Cleaver.    
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