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Paul Merrell

Tech giants oppose NSA reform bill for timid safeguards against spying - RT USA - 0 views

rt.com/...644-google-facebook-nsa-reform

surveillance state NSA NSA-reform legislation ambush-tactics Obama

shared by Paul Merrell on 23 May 14 - No Cached
  • Ahead of Thursday’s US House vote on a bill sold as reform of a major US government spying program, top technology firms like Google have joined civil liberties and privacy groups in calling the legislation inadequate in fighting mass surveillance. The Reform Government Surveillance coalition – AOL, Apple, Dropbox, Facebook, Google, LinkedIn, Microsoft, Twitter, and Yahoo – offered a statement on Wednesday denouncing the USA Freedom Act as a weak attempt at ending the government’s bulk storage of domestic phone metadata.
  • The USA Freedom Act would take the mass storage of phone records away from the government. Instead, telecommunications companies would be required to store the data. The bill would require the National Security Agency to get approval to search the telecoms’ cache of records from the often-compliant Foreign Intelligence Surveillance Court. Last-minute changes to the bill rankled privacy groups on Tuesday, leading many of them to decry the backdoor dealings as responsible for a “weakened,” “watered down” bill compared to what had previously passed the House Judiciary and Intelligence Committees earlier this month. On Wednesday, the tech coalition echoed these concerns, calling the amended legislation a move “in the wrong direction” of needed reform regarding mass surveillance. "The latest draft opens up an unacceptable loophole that could enable the bulk collection of Internet users' data," the coalition said. "While it makes important progress, we cannot support this bill as currently drafted and urge Congress to close this loophole to ensure meaningful reform." The loophole referred to by the coalition pertains to the USA Freedom Act’s definition for how and when government officials can search collected phone metadata records.
  • The new language – approved by House leaders and the Obama administration in recent days – modifies the prohibitions on bulk collection of domestic data to allow government officials to search for Americans’ phone records using a “a discrete term, such as a term specifically identifying a person, entity, account, address, or device, used by the Government to limit the scope of the information or tangible things sought.” This revised standard for the USA Freedom Act’s reform of surveillance is too broad and leaves privacy protections at risk, civil liberties groups said on Tuesday. In addition, the legislation’s new language also weakens the bill’s transparency provisions which outlined how much technology companies can disclose to customers about the extent of government requests of user data.
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  • In addition to the tech coalition’s protest, the Computer & Communications Industry Association – whose members include Pandora, Samsung, Sprint, and others – said Wednesday it would “not support consideration or passage of the USA Freedom Act in its current form." The Obama administration publicly threw its support behind the amended USA Freedom Act, saying the bill would “provide the public greater confidence in our programs and the checks and balances in the system.” “The bill ensures our intelligence and law enforcement professionals have the authorities they need to protect the nation, while further ensuring that individuals’ privacy is appropriately protected when these authorities are employed,” the White House included.
  • Lawmakers opposed to the secretive negotiations attempted on Tuesday to counter the weakened surveillance reform bill by offering an amendment to the National Defense Authorization Act (NDAA) that is “materially identical” to the version of the USA Freedom Act that was advanced by the House Judiciary and Intelligence Committees earlier this month. Yet the amendment was denied by the House Rules Committee late Tuesday. The House is now scheduled to vote on the USA Freedom Act on Thursday under closed rules, which forbids adding amendments before the final vote.
  • Paul Merrell on 23 May 14
     
    The Obama Administration and NSA supporters in the House of Representatives resort to a successful last-minute ambush attack to eviscerate the modest reforms proposed in the USA Freedom Act. 
Paul Merrell

President Xi's speech to Davos in full | World Economic Forum - 0 views

www.weforum.org/...te-at-the-world-economic-forum

globalization China Xi Davos speech must-read

shared by Paul Merrell on 26 Jan 17 - No Cached
  • “It was the best of times, it was the worst of times.” These are the words used by the English writer Charles Dickens to describe the world after the Industrial Revolution. Today, we also live in a world of contradictions. On the one hand, with growing material wealth and advances in science and technology, human civilization has developed as never before. On the other hand, frequent regional conflicts, global challenges like terrorism and refugees, as well as poverty, unemployment and widening income gap have all added to the uncertainties of the world. Many people feel bewildered and wonder: What has gone wrong with the world? To answer this question, one must first track the source of the problem. Some blame economic globalization for the chaos in the world. Economic globalization was once viewed as the treasure cave found by Ali Baba in The Arabian Nights, but it has now become the Pandora’s box in the eyes of many. The international community finds itself in a heated debate on economic globalization.
  • Today, I wish to address the global economy in the context of economic globalization. The point I want to make is that many of the problems troubling the world are not caused by economic globalization. For instance, the refugee waves from the Middle East and North Africa in recent years have become a global concern. Several million people have been displaced, and some small children lost their lives while crossing the rough sea. This is indeed heartbreaking. It is war, conflict and regional turbulence that have created this problem, and its solution lies in making peace, promoting reconciliation and restoring stability. The international financial crisis is another example. It is not an inevitable outcome of economic globalization; rather, it is the consequence of excessive chase of profit by financial capital and grave failure of financial regulation. Just blaming economic globalization for the world’s problems is inconsistent with reality, and it will not help solve the problems.
  • But we should also recognize that economic globalization is a double-edged sword. When the global economy is under downward pressure, it is hard to make the cake of global economy bigger. It may even shrink, which will strain the relations between growth and distribution, between capital and labor, and between efficiency and equity. Both developed and developing countries have felt the punch. Voices against globalization have laid bare pitfalls in the process of economic globalization that we need to take seriously. As a line in an old Chinese poem goes, “Honey melons hang on bitter vines; sweet dates grow on thistles and thorns.” In a philosophical sense, nothing is perfect in the world. One would fail to see the full picture if he claims something is perfect because of its merits, or if he views something as useless just because of its defects. It is true that economic globalization has created new problems, but this is no justification to write economic globalization off completely. Rather, we should adapt to and guide economic globalization, cushion its negative impact, and deliver its benefits to all countries and all nations.
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  • Whether you like it or not, the global economy is the big ocean that you cannot escape from. Any attempt to cut off the flow of capital, technologies, products, industries and people between economies, and channel the waters in the ocean back into isolated lakes and creeks is simply not possible. Indeed, it runs counter to the historical trend.
  • First, lack of robust driving forces for global growth makes it difficult to sustain the steady growth of the global economy. The growth of the global economy is now at its slowest pace in seven years. Growth of global trade has been slower than global GDP growth. Short-term policy stimuli are ineffective. Fundamental structural reform is just unfolding. The global economy is now in a period of moving toward new growth drivers, and the role of traditional engines to drive growth has weakened. Despite the emergence of new technologies such as artificial intelligence and 3-D printing, new sources of growth are yet to emerge. A new path for the global economy remains elusive. Second, inadequate global economic governance makes it difficult to adapt to new developments in the global economy. Madame Christine Lagarde recently told me that emerging markets and developing countries already contribute to 80 percent of the growth of the global economy. The global economic landscape has changed profoundly in the past few decades. However, the global governance system has not embraced those new changes and is therefore inadequate in terms of representation and inclusiveness. The global industrial landscape is changing and new industrial chains, value chains and supply chains are taking shape. However, trade and investment rules have not kept pace with these developments, resulting in acute problems such as closed mechanisms and fragmentation of rules.
  • Third, uneven global development makes it difficult to meet people’s expectations for better lives. Dr. Schwab has observed in his book The Fourth Industrial Revolution that this round of industrial revolution will produce extensive and far-reaching impacts such as growing inequality, particularly the possible widening gap between return on capital and return on labor. The richest one percent of the world’s population own more wealth than the remaining 99 percent. Inequality in income distribution and uneven development space are worrying. Over 700 million people in the world are still living in extreme poverty. For many families, to have warm houses, enough food and secure jobs is still a distant dream. This is the biggest challenge facing the world today. It is also what is behind the social turmoil in some countries. All this shows that there are indeed problems with world economic growth, governance and development models, and they must be resolved. The founder of the Red Cross Henry Dunant once said, “Our real enemy is not the neighboring country; it is hunger, poverty, ignorance, superstition and prejudice.” We need to have the vision to dissect these problems; more importantly, we need to have the courage to take actions to address them.
  • First, we should develop a dynamic, innovation-driven growth model. The fundamental issue plaguing the global economy is the lack of driving force for growth.Innovation is the primary force guiding development. Unlike the previous industrial revolutions, the fourth industrial revolution is unfolding at an exponential rather than linear pace. We need to relentlessly pursue innovation. Only with the courage to innovate and reform can we remove bottlenecks blocking global growth and development. With this in mind, G-20 leaders reached an important consensus at the Hangzhou Summit, which is to take innovation as a key driver and foster new driving force of growth for both individual countries and the global economy. We should develop a new development philosophy and rise above the debate about whether there should be more fiscal stimulus or more monetary easing. We should adopt a multipronged approach to address both the symptoms and the underlying problems. We should adopt new policy instruments and advance structural reform to create more space for growth and sustain its momentum. We should develop new growth models and seize opportunities presented by the new round of industrial revolution and digital economy. We should meet the challenges of climate change and aging population. We should address the negative impact of IT application and automation on jobs. When cultivating new industries and new forms models of business models, we should create new jobs and restore confidence and hope to our peoples.
  • Second, we should pursue a well-coordinated and inter-connected approach to develop a model of open and win-win cooperation. Today, mankind has become a close-knit community of shared future. Countries have extensive converging interests and are mutually dependent. All countries enjoy the right to development. At the same time, they should view their own interests in a broader context and refrain from pursuing them at the expense of others. We should commit ourselves to growing an open global economy to share opportunities and interests through opening-up and achieve win-win outcomes. One should not just retreat to the harbor when encountering a storm, for this will never get us to the other shore of the ocean. We must redouble efforts to develop global connectivity to enable all countries to achieve inter-connected growth and share prosperity. We must remain committed to developing global free trade and investment, promote trade and investment liberalization and facilitation through opening-up and say no to protectionism. Pursuing protectionism is like locking oneself in a dark room. While wind and rain may be kept outside, that dark room will also block light and air. No one will emerge as a winner in a trade war.
  • Third, we should develop a model of fair and equitable governance in keeping with the trend of the times. As the Chinese saying goes, people with petty shrewdness attend to trivial matters, while people with vision attend to governance of institutions. There is a growing call from the international community for reforming the global economic governance system, which is a pressing task for us. Only when it adapts to new dynamics in the international economic architecture can the global governance system sustain global growth. Countries, big or small, strong or weak, rich or poor, are all equal members of the international community. As such, they are entitled to participate in decision-making, enjoy rights and fulfill obligations on an equal basis. Emerging markets and developing countries deserve greater representation and voice. The 2010 IMF quota reform has entered into force, and its momentum should be sustained. We should adhere to multilateralism to uphold the authority and efficacy of multilateral institutions. We should honor promises and abide by rules. One should not select or bend rules as he sees fit. The Paris Agreement is a hard-won achievement which is in keeping with the underlying trend of global development. All signatories should stick to it instead of walking away from it as this is a responsibility we must assume for future generations.
  • Despite a sluggish global economy, China’s economy is expected to grow by 6.7 percent in 2016, still one of the highest in the world. China’s economy is far bigger in size than in the past, and it now generates more output than it did with double-digit growth in the past. Household consumption and the services sector have become the main drivers of growth. In the first three quarters of 2016, added value of the tertiary industry took up 52.8 percent of the GDP and domestic consumption contributed to 71 percent of economic growth. Household income and employment have steadily risen, while per unit GDP energy consumption continues to drop. Our efforts to pursue green development are paying off. The Chinese economy faces downward pressure and many difficulties, including acute mismatch between excess capacity and an upgrading demand structure, lack of internal driving force for growth, accumulation of financial risks, and growing challenges in certain regions. We see these as temporary hardships that occur on the way forward. And the measures we have taken to address these problems are producing good results. We are firm in our resolve to forge ahead. China is the world’s largest developing country with over 1.3 billion people, and their living standards are not yet high. But this reality also means China has enormous potential and space for development. Guided by the vision of innovative, coordinated, green, open and shared development, we will adapt to the new normal, stay ahead of the curve, and make coordinated efforts to maintain steady growth, accelerate reform, adjust economic structure, improve people’s living standards and fend off risks. With these efforts, we aim to achieve medium-high rate of growth and upgrade the economy to higher end of the value chain.
  • We should foster a culture that values diligence, frugality and enterprise and respects the fruits of hard work of all. Priority should be given to addressing poverty, unemployment, the widening income gap and the concerns of the disadvantaged to promote social equity and justice. It is important to protect the environment while pursuing economic and social progress so as to achieve harmony between man and nature and between man and society. The 2030 Agenda for Sustainable Development should be implemented to realize balanced development across the world. A Chinese adage reads, “Victory is ensured when people pool their strength; success is secured when people put their heads together.” As long as we keep to the goal of building a community of shared future for mankind and work hand in hand to fulfill our responsibilities and overcome difficulties, we will be able to create a better world and deliver better lives for our peoples.
  • This is a path that puts people’s interests first. China follows a people-oriented development philosophy and is committed to bettering the lives of its people. Development is of the people, by the people and for the people. China pursues the goal of common prosperity. We have taken major steps to alleviate poverty and lifted over 700 million people out of poverty, and good progress is being made in our efforts to finish building a society of initial prosperity in all respects. This is a path of pursuing reform and innovation. China has tackled difficulties and met challenges on its way forward through reform. China has demonstrated its courage to take on difficult issues, navigate treacherous rapids and remove institutional hurdles standing in the way of development. These efforts have enabled us to unleash productivity and social vitality. Building on progress of 30-odd years of reform, we have introduced more than 1,200 reform measures over the past four years, injecting powerful impetus into China’s development.
  • This is a path of pursuing common development through opening-up. China is committed to a fundamental policy of opening-up and pursues a win-win opening-up strategy. China’s development is both domestic and external oriented; while developing itself, China also shares more of its development outcomes with other countries and peoples. China’s outstanding development achievements and the vastly improved living standards of the Chinese people are a blessing to both China and the world. Such achievements in development over the past decades owe themselves to the hard work and perseverance of the Chinese people, a quality that has defined the Chinese nation for several thousand years. We Chinese know only too well that there is no such thing as a free lunch in the world. For a big country with over 1.3 billion people, development can be achieved only with the dedication and tireless efforts of its own people. We cannot expect others to deliver development to China, and no one is in a position to do so. When assessing China’s development, one should not only see what benefits the Chinese people have gained, but also how much hard effort they have put in, not just what achievements China has made, but also what contribution China has made to the world. Then one will reach a balanced conclusion about China’s development.
  • Between 1950 and 2016, despite its modest level of development and living standard, China provided more than 400 billion yuan of foreign assistance, undertook over 5,000 foreign assistance projects, including nearly 3,000 complete projects, and held over 11,000 training workshops in China for over 260,000 personnel from other developing countries. Since it launched reform and opening-up, China has attracted over $1.7 trillion of foreign investment and made over $1.2 trillion of direct outbound investment, making huge contribution to global economic development. In the years following the outbreak of the international financial crisis, China contributed to over 30 percent of global growth every year on average. All these figures are among the highest in the world. The figures speak for themselves. China’s development is an opportunity for the world; China has not only benefited from economic globalization but also contributed to it. Rapid growth in China has been a sustained, powerful engine for global economic stability and expansion. The inter-connected development of China and a large number of other countries has made the world economy more balanced. China’s remarkable achievement in poverty reduction has contributed to more inclusive global growth. And China’s continuous progress in reform and opening-up has lent much momentum to an open world economy.
  • Fourth, we should develop a balanced, equitable and inclusive development model. As the Chinese saying goes, “A just cause should be pursued for common good.”Development is ultimately for the people. To achieve more balanced development and ensure that the people have equal access to opportunities and share in the benefits of development, it is crucial to have a sound development philosophy and model and make development equitable, effective and balanced.
  • — China will foster an enabling and orderly environment for investment. We will expand market access for foreign investors, build high-standard pilot free trade zones, strengthen protection of property rights, and level the playing field to make China’s market more transparent and better regulated. In the coming five years, China is expected to import $8 trillion of goods, attract $600 billion of foreign investment and make $750 billion of outbound investment. Chinese tourists will make 700 million overseas visits. All this will create a bigger market, more capital, more products and more business opportunities for other countries. China’s development will continue to offer opportunities to business communities in other countries. China will keep its door wide open and not close it. An open door allows both other countries to access the Chinese market and China itself to integrate with the world. And we hope that other countries will also keep their door open to Chinese investors and keep the playing field level for us.
  • — China will vigorously foster an external environment of opening-up for common development. We will advance the building of the Free Trade Area of the Asia Pacific and negotiations of the Regional Comprehensive Economic Partnership to form a global network of free trade arrangements. China stands for concluding open, transparent and win-win regional free trade arrangements and opposes forming exclusive groups that are fragmented in nature. China has no intention to boost its trade competitiveness by devaluing the RMB, still less will it launch a currency war. Over three years ago, I put forward the “Belt and Road” initiative. Since then, over 100 countries and international organizations have given warm responses and support to the initiative. More than 40 countries and international organizations have signed cooperation agreements with China, and our circle of friends along the “Belt and Road” is growing bigger. Chinese companies have made over $50 billion of investment and launched a number of major projects in the countries along the routes, spurring the economic development of these countries and creating many local jobs. The “Belt and Road” initiative originated in China, but it has delivered benefits well beyond its borders.
  • Ladies and Gentlemen,Dear Friends, World history shows that the road of human civilization has never been a smooth one, and that mankind has made progress by surmounting difficulties. No difficulty, however daunting, will stop mankind from advancing. When encountering difficulties, we should not complain about ourselves, blame others, lose confidence or run away from responsibilities. We should join hands and rise to the challenge. History is created by the brave. Let us boost confidence, take actions and march arm-in-arm toward a bright future.
  • Paul Merrell on 26 Jan 17
     
    Very important speech. A must-read (I snipped only portions).
Paul Merrell

Obama's NSA 'reforms' are little more than a PR attempt to mollify the public | Glenn G... - 0 views

www.theguardian.com/...orms-bulk-surveillance-remains

surveillance state NSA-reform Obama Obama-speech

shared by Paul Merrell on 21 Jan 14 - No Cached
  • In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America's most significant political scandals. Predictably, it is the same one that shaped President Obama's much-heralded Friday speech to announce his proposals for "reforming" the National Security Agency in the wake of seven months of intense worldwide controversy.The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are "serious questions that have been raised". They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic "reforms" so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.
  • In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America's most significant political scandals. Predictably, it is the same one that shaped President Obama's much-heralded Friday speech to announce his proposals for "reforming" the National Security Agency in the wake of seven months of intense worldwide controversy.The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are "serious questions that have been raised". They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic "reforms" so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.This scam has been so frequently used that it is now easily recognizable.
  • Paul Merrell on 21 Jan 14
     
    Glenn Greenwald offers his take on Obama's NSA "reform" speech.
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

firstlook.org/...topping-nsas-mass-surveillance

surveillance state nsa-reform

shared by Paul Merrell on 20 Nov 14 - No Cached
  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 3) U.S. court proceedings.
  • 4) Greater individual demand for, and use of, encryption.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
  • Paul Merrell on 20 Nov 14
     
    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

www.justsecurity.org/...lk-collection-ended-whats-next

surveillance state NSA-reform 215 bulk-collection EO-12333

shared by Paul Merrell on 01 Dec 15 - No Cached
  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
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  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
Paul Merrell

With hours of sunshine left, passage of FOIA reform in the U.S. House hangs in the bala... - 0 views

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Congress FOIA-reform legislation 2014

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  • Update: The House Majority Leader didn’t put S.2520 on Thursday’s legislative calendar (PDF). Per Congress.gov, it was “held at the desk.” We can’t pronounce it dead until 3:30 PM, as the Speaker of the House could bring the bill up by unanimous consent, but FOIA reform in this Congress likely just expired at midnight. Imagine if an important reform to public access to government information hung in the balance in the United States Congress and the editorial boards of the country’s major newspapers ignored it. Unfortunately, that’s exactly what has happened. Only a few weeks ago, it looked this ‘do nothing Congress’ was actually set to do something: pass much-needed reforms to the Freedom of Information Act. Over the weekend, an unexpected hold in the Senate by Senator Jay Rockefeller put months of bipartisan collaboration in jeopardy. If the U.S. House of Representatives doesn’t schedule a vote tomorrow on the Freedom of Information Improvement Act that passed the Senate on Monday, however, FOIA reform will quietly expire.
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

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surveillance state NSA-reform Congress legislation

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  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
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  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
  • Paul Merrell on 06 Jun 14
     
    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
  • Gary Edwards on 07 Jun 14
     
    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

Proposed changes to US data collection fall short of NSA reformers' goals | US news | T... - 0 views

www.theguardian.com/...-data-collection-nsa-reformers

surveillance state NSA-reform DNI Clapper voluntary-reforms

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  • The US intelligence community has delivered a limited list of tweaks to how long it can hold information on ordinary citizens and hide secret trawls for data, responding to Barack Obama’s call for reform of its surveillance practices in the wake of revelations about NSA practices. Published by the office of the director of national intelligence, James Clapper, just six days before a recently announced visit to Washington by the German chancellor, Angela Merkel, the report is the culmination of a year-long effort to respond to revelations by whistleblower Edward Snowden.
  • But the report does not appear to address the role of telecommunications companies in collecting metadata and the use of encryption to prevent hacking, and privacy critics were quick to pounce on a year of promises with little reform to show. “It’s hard to see much ‘there’ there,” Senator Ron Wyden said in a statement. “When it comes to reforming intelligence programs and protecting Americans’ privacy, there is much, much more work to be done.” The outline from the intelligence community also appears to fall short of the legislative changes attempted by campaigners in Congress, focusing instead on measures to tighten internal guidelines and provide foreigners with some of the protections allowed for US citizens. These measures include:
  • Limiting how long personal data gathered from non-US citizens can be held to five years, so long as it is deemed not relevant to ongoing intelligence investigations. Asking Congress to provide some foreign nationals access to legal redress if their private information has been wilfully disclosed by US intelligence agencies. Limiting to three years how long the FBI can prevent disclosure of its surveillance activities using so-called national security letters, unless a special agent deems otherwise.
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  • The official results of Obama’s call for surveillance reform also appear to have failed to address encryption. The FBI director, James Comey, and other officials have been highly critical of the use of encryption by tech companies such as Apple to protect their users’ information. Comey has argued that stronger encryption, baked in to some technology after the Snowden revelations, will aid criminals and terrorists and shut out law enforcement.
  • Other measures outlined in the new report include steps to clarify the protection given to whistleblowers if they follow internal rules and a requirement that “any significant compliance incident involving personal information, regardless of the person’s nationality” be reported to Clapper.
  • The intelligence report itself acknowledges that further reforms called for by the president, such as ending the collection of bulk data by the government, have not been implemented, possibly due to stalled legislative efforts in Congress.
Paul Merrell

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

www.thenation.com/...wden-exile-exclusive-interview

surveillance state Snowden-interview

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  • 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.
  • Paul Merrell on 30 Oct 14
     
    Remarkable interview. Snowden finally gets asked some questions about politics. 
Gary Edwards

Is The US Finally Ready For Revolution? - Democratic Underground - 1 views

www.democraticunderground.com/101970

ready-for-revolution

shared by Gary Edwards on 02 Jul 13 - No Cached
  • Gary Edwards on 02 Jul 13
     
    Written in June of 2012, before the national elections, this commentary remains the ringing truth.  Maybe more Americans are ready to listen this fourth of July? ........................... "Is America Ready For Revolution? I have always strongly believed that it's not possible to be a good Christian without standing up against social injustice and government corruption in all its forms. As I take a look around me today I find a lot of things wrong with our country. In fact, I have been a proponent for radical change for several years now, and I have written and published 2 books on this very topic. Where shall I begin? In God-blessed America, the land of the free where everyone is an economic slave, our founding fathers' sacred idea of a government "of the people, by the people, for the people" has become but a cruel joke. Former president George W. Bush has notoriously called our Constitution - our supreme law of the land - "that (expletive) piece of paper". The federal government is currently spending at least $60 billion per month on military excursions in Afghanistan, the Middle East, and northern and western Africa - including operating between 800 and 1,000 foreign military bases all over the world. Our country's over-used flying drone aircraft kills hundreds daily overseas, many of whom are only innocent bystanders. Meanwhile here on the home front, one in seven people are on food stamps, and at any given time one in four American children are going hungry today. Our country spends more money incarcerating people than it does on education. What's up with that? Our political system is openly rigged against the best interests of the American people. A massive market mechanism is securely entrenched in our political system where political influence is openly bought and sold. Tens of thousands of highly-paid middlemen called "lobbyists" facilitate the legal transfer of billions between moneyed special interests and our so-called "representatives" i
Paul Merrell

Did Congress's Best Plan for NSA Reform Just Lose Its Teeth? | The Nation - 0 views

www.thenation.com/...nsa-reform-just-lose-its-teeth

surveillance state NSA-reform legislation

shared by Paul Merrell on 09 May 14 - No Cached
  • For the first time since Edward Snowden revealed some of the National Security Agency’s (NSA’s) surveillance programs last June, a congressional committee has voted to send legislation intended to curb the government’s spying power on for a full vote. On Wednesday, the House Judiciary Committee passed a version of the USA Freedom Act, considered by civil liberties advocates to be among the strongest of several competing reform bills. But what lawmakers voted unanimously to approve is a trimmed down version that is narrower in significant ways. The revision is the result of an agreement crafted by members of the Judiciary Committee— including Republican chairman Bob Goodlatte, who voted previously against an attempt to limit the NSA’s reach—in a bid to win wider support. In its compromised form the bill is more specifically focused on the phone records program and the statute that authorizes it, Section 215 of the Patriot Act. Under the amended version of the bill, the government itself would no longer be allowed to hold a database of people’s calling records, and would have to seek a judge’s order before collecting data held by the telecom companies—a change that President Obama has said he would support. The bill would also increase transparency by allowing phone companies to inform the public about the requests for data they receive.
  • Cut out of the amended version is a ban on unauthorized “back door” searches, the practice of mining a database of foreigners’ communications for the emails and phone calls of American citizens. Such searches are made under a different authority, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which lawmakers left untouched during Wednesday’s markup. The amendment also softened reforms to the secret court that authorizes the NSA’s surveillance activities, and preserved the requirement that the government need only prove “reasonable articulable suspicion” that records sought are relevant to an open investigation—the NSA’s preferred relevancy standard.
  • there’s valid concern that the phone records program will turn out to be a sacrificial lamb for the administration, something given up in the hopes that Congress will wash its hands of the rest. The dragnet is not disappearing under the USA Freedom Act; metadata will still be available to the government, if not quite so freely; and a single court order will allow officials to explore phone records two “hops” away from the initial target—potentially millions of records. It’s unclear whether the bill explicitly bars intelligence agencies from collecting the contents of communications under Section 215, a provision that originally distinguished the USA Freedom Act from Rogers’s bill. Though the ban was absent in the version that passed the committee, Lofgren speculated that the omission was due to a clerical error. What’s for sure is that Congress’s ability to truly reform—and oversee— the intelligence community remains unclear.
Paul Merrell

USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

firstlook.org/...usa-freedom-act

surveillance state NSA-reform USA-Freedom-Act legislation

shared by Paul Merrell on 14 May 15 - No Cached
  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
  • Paul Merrell on 14 May 15
     
    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Paul Merrell

McCain Proposes New Select Committee on NSA Leaks - Secrecy News - 0 views

blogs.fas.org/...mccain-select

surveillance state NSA NSA-reform McCain select-committee Senate-investigation

shared by Paul Merrell on 06 Feb 14 - No Cached
  • A resolution introduced yesterday by Sen. John McCain would establish a new Senate Select Committee to investigate the unauthorized disclosures of classified information on National Security Agency collection programs and their implications for national policy. The McCain resolution is framed broadly and touches on many issues besides leaks, including intelligence policy, congressional oversight, the role of contractors, the constitutionality of current intelligence programs, and more. The resolution asserts that “senior officials in the intelligence community may have misled Congress or otherwise obfuscated the nature, extent, or use of certain intelligence-collection programs, operations, and activities of the National Security Agency, including intelligence-collection programs affecting Americans.” “[T]he provision of incomplete or inaccurate information by officials of the intelligence community has inhibited effective congressional oversight of certain intelligence-collection programs, operations, and activities of the National Security Agency, including intelligence-collection programs affecting Americans, and undermined congressional and public support of these programs,” the resolution stated.
  • Moreover, “some such programs, operations, and activities that are the subject matter of the unauthorized disclosures may not have been authorized, or may have exceeded that which was authorized, by law, or may not have been permitted under the Constitution of the United States.” The proposed new select committee would investigate the unauthorized disclosures and assess how they occurred, the damage to U.S. national security that resulted, and how such damage could be mitigated. The committee would review the role of intelligence contractors and the adequacy of current management controls.
  • The committee would evaluate the legality, constitutionality, and efficacy of the NSA collection programs that have been disclosed. It would also consider “the need for greater transparency and more effective congressional oversight of intelligence community activities,” and whether existing laws are sufficient “to safeguard the rights and privacies of citizens of the United States.” In proposing a new select committee, Senator McCain is implicitly declaring that existing oversight procedures are inadequate, and that a new, more fundamental approach is required. The prospects for the McCain proposal to become a reality are uncertain.
  • Paul Merrell on 06 Feb 14
     
    Reading the McCain resolution left me with mixed feelings. As worded, the proposed Select Committee is largely aimed at the right subjects but suffers somewhat from focus on a rather diffuse set of individual trees rather than on the forest. I.e., the topic should be definition of digital privacy rights and their vindication but focuses instead on NSA reform. The most worrisome aspect is the absence of a mechanism to ensure that the few Senators who have taken the lead in protection of civil liberties would become members of the Select Committee; rather, appointments to the Select Committee are parceled out to be made various existing Committee chairs and ranking minority members, plus top ranking Senators of both parties.   But this could also be the 2014 counterpart to the 1975 Church Committee that resulted in significant reform of U.S. spy agencies, albeit the spy agencies seem to have managed to work their way around those reforms.  
Paul Merrell

M of A - Ukraine: U.S. Takes Off-Ramp, Agrees To Russian Demands - 0 views

www.moonofalabama.org/...agrees-to-russian-demands.html

war & peace Ukraine Russia U.S.-foreign-policy Obama Kerry Lavrov

shared by Paul Merrell on 17 Mar 14 - No Cached
  • There was another phone call today between Secretary of State Kerry and the Russian Foreign Minister Lavrov. The call came after a strategy meeting on Ukraine in the White House. During the call Kerry agreed to Russian demands for a federalization of the Ukraine in which the federal states will have a strong autonomy against a central government in a finlandized Ukraine. Putin had offered this "off-ramp" from the escalation and Obama has taken it. The Russian announcement: Lavrov, Kerry agree to work on constitutional reform in Ukraine: Russian ministry (Reuters) - Russian Foreign Minister Sergei Lavrov and U.S. Secretary of State John Kerry agreed on Sunday to seek a solution to crisis in Ukraine by pushing for constitutional reforms there, the Russian foreign ministry said. It did not go into details on the kind of reforms needed except to say they should come "in a generally acceptable form and while taking into the account the interests of all regions of Ukraine". ... "Sergei Viktorovich Lavrov and John Kerry agreed to continue work to find a resolution on Ukraine through a speedy launch of constitutional reform with the support of international community," the ministry said in a statement. The idea of "constitutional reform" and the "interests of all regions" is from the Russians as documented in this Russian" non-paper".
  • The non-paper describes the process of getting to a new Ukrainian constitution and sets some parameters for it. Russian will be again official language next to Ukraine, the regions will have high autonomy, there will be no interferences in church affairs and the Ukraine will stay politically and militarily neutral. Any autonomy decision by the Crimea would be accepted. This all would be guaranteed by a "Support Group for Ukraine" consisting of the US, EU and Russia and would be cemented in an UN Security Council resolution. It seems that Kerry and Obama have largely accepted these parameters. They are now, of course, selling this solution as their own which is, as the "non-paper" proves, inconsistent with the reality. Here is Kerry now suddenly "urging Russia" to accept the conditions Russia had demanded and which Kerry never mentioned before: Secretary of State John Kerry called on Moscow to return its troops in Crimea to their bases, pull back forces from the Ukraine border, halt incitement in eastern Ukraine and support the political reforms in Ukraine that would protect ethnic Russians, Russian speakers and others in the former Soviet Republic that Russia says it is concerned about. In a phone call with Russian Foreign Minister Sergey Lavrov, their second since unsuccessful face-to-face talks on Friday in London, Kerry urged Russia "to support efforts by Ukrainians across the spectrum to address power sharing and decentralization through a constitutional reform process that is broadly inclusive and protects the rights of minorities," the State Department said.
  • Obama has given up. His empty threats had now worked and he now has largely accepted the Russian conditions for the way out of the crisis. The U.S. plot to snatch the Ukraine from Russia and to integrate it into NATO and the EU seems to have failed. Russia taking Crimea and having 93% of the voters there agree to join Russia has made the main objective of the U.S. plans, to kick the Russians out of Sevastopol and thereby out of the Middle East, impossible. The Russian (non public) threat to also immediately take the eastern and southern provinces from the Ukraine has pushed the U.S. into agreeing to the Russian conditions mentioned above. The only alternative to that would be a military confrontation which the U.S. and Europeans are not willing to risk. Despite the anti-Russian campaign in the media a majority of U.S. people as well as EU folks are against any such confrontation. In the end the U.S. never held the cards it needed to win this game. Should all go well and a new Ukrainian constitution fit the Russian conditions the "west" may in the future well be allowed to pay for the monthly bills Gazprom will keep sending to Kiev. It will take some time to implement all of this. What dirty tricks will the neocons in Washington now try to prevent this peaceful outcome?
  • Paul Merrell on 17 Mar 14
     
    As with Obama's planned missile strikes on Syria, Lavrov once again offers Obama and Kerry a face-saving way to retreat and Obama again decides to break the War Party's leash on him. But that's what the War Party deserves when it pushes impossibilities as goals.  Now if Obama would just give the boot to all of his Neocon appointees ... But no; he is neither that wise nor brave. 
Paul Merrell

NSA surveillance reform bill passes House by 303 votes to 121 | World news | theguardia... - 0 views

www.theguardian.com/...l-usa-freedom-act-passes-house

surveillance state NSA legislation NSA-reform

shared by Paul Merrell on 23 May 14 - No Cached
  • The first legislation aimed specifically at curbing US surveillance abuses revealed by Edward Snowden passed the House of Representatives on Thursday, with a majority of both Republicans and Democrats.But last-minute efforts by intelligence community loyalists to weaken key language in the USA Freedom Act led to a larger-than-expected rebellion by members of Congress, with the measure passing by 303 votes to 121.The bill's authors concede it was watered down significantly in recent days, but insist it will still outlaw the practice of bulk collection of US telephone metadata by the NSA first revealed by Snowden.Some members of Congress were worried that the bill will fail to prevent the National Security Agency from continuing to collect large amounts of data on ordinary US citizens.
  • “Perfect is rarely possible in politics, and this bill is no exception,” said Republican Jim Sensenbrenner, who has led efforts on the House judiciary committee to rein in the NSA.“In order to preserve core operations of the intelligence and law enforcement agencies, the administration insisted on broadening certain authorities and lessening certain restrictions. Some of the changes raise justifiable concerns. I don’t blame people for losing trust in their government, because the government violated their trust.”
  • But the revised language lost the support of several influential members of the judiciary committee who had previously voted for it, including Republicans Darrell Issa, Ted Poe and Raul Labrador and Democrat Zoe Lofgren.Issa also chairs the House oversight committee. Adam Smith, the most senior Democrat on the armed services committee, also voted against the bill.“Regrettably, we have learned that the intelligence community will run a truck through ambiguity,” said Lofgren during an hour and 15 minutes of debate which preceded the vote. No amendments were allowed.
  • ...4 more annotations...
  • After the vote, Mark Jaycox, a legislative analyst at the Electronic Frontier Foundation, said: “The bill is littered with loopholes. The problem right now, especially after multiple revisions, is that it doesn't effectively end mass surveillance.”In a statement, Zeke Johnson, the director of Amnesty International USA's security and human rights program, said the House had “failed to deliver serious surveillance reform”.
  • The size of the rebellion and the seniority of the rebels may support efforts to tighten language in the legislation as it makes its way to the Senate.Senator Patrick Leahy, the chair of the Senate judiciary committee and the lead Democratic author of the Freedom Act, said that the actions of the house in passing it was an “important step towards reforming our nation's surveillance authorities”which “few could have predicted less than a year ago.”However, in a statement issued on Thursday, Leahy expressed disappointment that the bill, which he had introduced jointly with Sensenbrenner in October, had been diluted.
  • Senator Ron Wyden, the Oregon Democrat who has waged an often lonely campaign against NSA surveillance, said he opposed the House bill in the form that passed on Thursday. "I am gravely concerned that the changes that have been made to the House version of this bill have watered it down so far that it fails to protect Americans from suspicionless mass surveillance," he said.He said the Senate version of the bill remained strong, and that he hoped that its provisions could be preserved.
  • The bill was the first vote on a NSA related matter in either the House or Senate since last July, when Republican congressman Justin Amash failed by 205-217 votes to pass an amendment to an appropriations bill that would have stripped funding for bulk surveillance.The revised USA Freedom Act was supported by the White House. Obama had urged for a solution to ending bulk collection of telephone metadata in ways that would not unduly constrain the NSA.
  • Paul Merrell on 23 May 14
     
    On to the Senate. No meaningful reform from the House. That the measure passed was supported by Obama tells the story of its effectiveness. It will "constrain the NSA."
Paul Merrell

Rating Obama's NSA Reform Plan: EFF Scorecard Explained | Electronic Frontier Foundation - 0 views

www.eff.org/...m-plan-eff-scorecard-explained

surveillance state NSA-reform Obama Obama-speech

shared by Paul Merrell on 23 Jan 14 - No Cached
  • Earlier today, President Obama announced a series of reforms to address abuses by the National Security Agency. We were heartened to see Obama recognized that the NSA has gone too far in trampling the privacy rights of people worldwide. In his speech, the President ensured that National Security Letters would not come with perpetual gag orders, brought new levels of transparency and fairness to the FISA court, and ended bulk collection of telephone records by the NSA. However, there is still much more to be done. We’ve put together a scorecard showing how Obama’s announcements stack up against 12 common sense fixes that should be a minimum for reforming NSA surveillance. Each necessary reform was worth 1 point, and we were willing to award partial credit for steps in the right direction. On that scale, President Obama racked up 3.5 points out of a possible 12.
Paul Merrell

Lawmakers vow to constrain NSA from collecting U.S. phone records - latimes.com - 0 views

www.latimes.com/...cords-20131222,0,6798521.story

surveillance state NSA NSA-blowback NSA-reform legislation

shared by Paul Merrell on 24 Dec 13 - No Cached
  • The drive to end the bulk collection of phone records by the National Security Agency is gaining strength, as Senate Democrats said Sunday that Congress will change the law to ban the practice if President Obama does not do it first. “It’s time to have real reform, not a veneer of reform,” said Sen. Mark Udall (D-Colo.), a longtime critic of the NSA. “We have got to rebuild the American people’s trust in our intelligence community so we can be safe,” he said on ABC’s "This Week." “But we don’t do that by bulk data collection that violates the privacy of Americans. That’s unconstitutional, and has shown to not be effective.” Last week, a federal judge said the routine collection of the dialing records is probably unconstitutional, and a panel appointed by President Obama recommended a major change. “We believe the government shouldn’t hold this data any longer,” Michael Morrell, a former acting director of the CIA and a panel member, said on CBS’ "Face the Nation." He said the phone records could be held by the phone companies or by another private group. Then, the government would “need a court order every time they wanted to query that data,” he said. Despite the need for reforms, Morrell said the original purpose of the program still makes sense. He said it is crucial the NSA and the FBI can move quickly if there is reason to believe that a “terrorist overseas is talking to someone in the United States.”
  • But the government does not need to collect and store all of these dialing records, he said, so long as they are held in private hands. Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) said he will press ahead in January to pass a bill that forbids the NSA from collecting phone records. He is sponsoring the USA Freedom Act with former House Judiciary Committee Chairman F. James Sensenbrenner (R-Wis.) to close what they now see as a loophole in the law.
  • Paul Merrell on 24 Dec 13
     
    Wrong approach, in my opinion. None of the NSA reform measures so far take aim at the problem's roots. Those are unwarranted government secrecy, lack of reviewability by the courts at the request of the affected public, and no clear definition of digital privacy rights. Make something illegal for the NSA to do and DoD will just transfer those responsibilities to another of its agencies or farm it out to one of the other 5 Eyes nations to perform for them.   
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news... - 1 views

www.theguardian.com/...e-year-nsa-surveillance-reform

surveillance-state NSA-reform legislation

shared by Paul Merrell on 07 Jun 14 - No Cached
  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
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  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
  • Paul Merrell on 07 Jun 14
     
    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
Paul Merrell

The good news about the 'death' of NSA reform: surveillance supporters may have dug the... - 0 views

www.theguardian.com/...ce-usa-freedom-act-section-215

surveillance

shared by Paul Merrell on 24 Nov 14 - No Cached
  • Snowden haters may have blocked the USA Freedom Act, but the clock is ticking before the law that justifies vacuuming your phone records blows up in the face of newly conservative Washington
  • Paul Merrell on 24 Nov 14
     
    Trevor Timm caught the hilarity of the moment. Myself, I was in full ROTFLMAO Mode when I stumbled across this priceless gem written by someone who knew enough that he should have known that he didn't know enough about the topic to write about it: "Sometime around 7:30 p.m. (EST) last night, the 17-month-long national conversation over how to reform U.S. foreign intelligence surveillance authorities effectively ended when the Senate failed to clear a crucial procedural step en route to what would otherwise have been the near-certain passage of the Senate version of the USA FREEDOM Act-the surveillance reform bill that has been in the works for well over a year. "  http://justsecurity.org/17582/snowden-affair/ He who laughs last laughs best. Get ready for the punch line, War Party! But please bend over first. 
Paul Merrell

'Foreigners' land top minister posts in Ukraine - fastFT: Market-moving news and views,... - 0 views

www.ft.com/...and-top-minister-posts-ukraine

war & peace Ukraine coup-government appointments

shared by Paul Merrell on 06 Dec 14 - No Cached
  • Two foreign-born investment fund managers and a reform-minded former official from the Caucasus republic of Georgia have been given top ministerial posts in Ukraine's newly-formed, pro-EU integration coalition government. The unorthodox appointment of the three "foreigners" swiftly granted Ukrainian citizenship on Tuesday is seen as a desperate attempt by the war-torn and recession-battered country to jump-start reforms, crack corruption and unlock billions of dollars in bailout funds from the International Monetary Fund, reports Roman Olearchyk. US-born Natalie Jaresko, a former US State Department official and investment fund manager with Ukrainian roots who has resided in Kiev for some 20 years, will join the government of prime minister Arseniy Yatseniuk as finance minister. In this role, the former head of Horizon Capital and economic section chief at the US Embassy will lead bailout and reform talks with the IMF and other creditors.
  • Working closely with her as economy minister will be Lithuanian Aivaras Abromavicius. Formerly a top executive at East Capital, a Swedish asset manager, he has in recent years been based in Ukraine. His wife is Ukrainian. Pledging to adopt anti-corruption and pro-business reforms, Mr Abromavicius addressed Ukrainian lawmakers on Tuesday saying: "I'm from Europe. We will work together European style." US-educated Alexander Kvitashvili, who reformed Georgia's healthcare system, will now be health minister in Ukraine and be tasked with the grim job of overhauling the country's dysfunctional healthcare system.
  • Explaining the need for foreigners to enter the government, Ukraine's president Petro Poroshenko speaking before lawmakers approved the new cabinet said: Ukraine faces outstanding challenges – an incredibly difficult economic situation, aggression from the side of Russia, the need for radical reforms and tackling of corruption. This all requires non-standard decisions …. These decisions require a search for candidates for the new government not only from within in Ukraine, but also from across its borders, specifically from the countries which have experience in coming out of systemic crisis of foreign and domestic nature.
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