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Paul Merrell

EFF's Game Plan for Ending Global Mass Surveillance | Electronic Frontier Foundation - 0 views

  • We have a problem when it comes to stopping mass surveillance.  The entity that’s conducting the most extreme and far-reaching surveillance against most of the world’s communications—the National Security Agency—is bound by United States law.  That’s good news for Americans. U.S. law and the Constitution protect American citizens and legal residents from warrantless surveillance. That means we have a very strong legal case to challenge mass surveillance conducted domestically or that sweeps in Americans’ communications.  Similarly, the United States Congress is elected by American voters. That means Congressional representatives are beholden to the American people for their jobs, so public pressure from constituents can help influence future laws that might check some of the NSA’s most egregious practices. But what about everyone else? What about the 96% of the world’s population who are citizens of other countries, living outside U.S. borders. They don't get a vote in Congress. And current American legal protections generally only protect citizens, legal residents, or those physically located within the United States. So what can EFF do to protect the billions of people outside the United States who are victims of the NSA’s spying?
  • For years, we’ve been working on a strategy to end mass surveillance of digital communications of innocent people worldwide. Today we’re laying out the plan, so you can understand how all the pieces fit together—that is, how U.S. advocacy and policy efforts connect to the international fight and vice versa. Decide for yourself where you can get involved to make the biggest difference. This plan isn’t for the next two weeks or three months. It’s a multi-year battle that may need to be revised many times as we better understand the tools and authorities of entities engaged in mass surveillance and as more disclosures by whistleblowers help shine light on surveillance abuses.
Paul Merrell

A Year After Reform Push, NSA Still Collects Bulk Domestic Data, Still Lacks Way to Ass... - 0 views

  • The presidential advisory board on privacy that recommended a slew of domestic surveillance reforms in the wake of the Edward Snowden revelations reported today that many of its suggestions have been agreed to “in principle” by the Obama administration, but in practice, very little has changed. Most notably, the Privacy and Civil Liberties Oversight Board called attention to the obvious fact that one full year after it concluded that the government’s bulk collection of metadata on domestic telephone calls is illegal and unproductive, the program continues apace. “The Administration accepted our recommendation in principle. However, it has not ended the bulk telephone records program on its own, opting instead to seek legislation to create an alternative to the existing program,” the report notes.
  • And while Congress has variously debated, proposed, neutered, and failed to agree on any action, the report’s authors point the finger of blame squarely at President Obama. “It should be noted that the Administration can end the bulk telephone records program at any time, without congressional involvement,” the report says. Obama said a year ago that he favored an end to the government collection of those records if an alternative — such as keeping the records at the telephone companies, or with a third party — still allowed them to be searchable by the government. The White House was recently said to be “still considering” the matter. The board noted that Obama has accepted some, but not all, of the privacy safeguards it recommended — somewhat reducing the ease and depth with which National Security Agency agents can dig through the domestic data, but not, for instance, agreeing to delete the data after three years, instead of five.
  • A year ago, the board also recommended that Congress enact legislation enabling the secretive Foreign Intelligence Surveillance Court, which currently approves both specific and blanket warrant applications without allowing anyone to argue otherwise, to hear independent views. It recommended more appellate reviews of that court’s rulings. There’s been no progress on either front. A year ago, the board recommended that “the scope of surveillance authorities affecting Americans should be public,” and that the intelligence community should “develop principles and criteria for the public articulation of the legal authorities under which it conducts surveillance affecting Americans.” Something is apparently brewing in that area, but it’s not entirely clear what. “Intelligence Community representatives have advised us that they are committed to implementing this recommendation,” with principles “that they will soon be releasing,” the report says.
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  • But one recommendation in particular – that the intelligence community develop some sort of methodology to assess whether any of this stuff is actually doing any good — has been notably “not implemented.” “Determining the efficacy and value of particular counterterrorism programs is critical,” the board says. “Without such determinations, policymakers and courts cannot effectively weigh the interests of the government in conducting a program against the intrusions on privacy and civil liberties that it may cause.”
  • The presidential advisory board on privacy that recommended a slew of domestic surveillance reforms in the wake of the Edward Snowden revelations reported today that many of its suggestions have been agreed to “in principle” by the Obama administration, but in practice, very little has changed. Most notably, the Privacy and Civil Liberties Oversight Board called attention to the obvious fact that one full year after it concluded that the government’s bulk collection of metadata on domestic telephone calls is illegal and unproductive, the program continues apace. “The Administration accepted our recommendation in principle. However, it has not ended the bulk telephone records program on its own, opting instead to seek legislation to create an alternative to the existing program,” the report notes.
Paul Merrell

Rand Paul: Why I'll Fight Gina Haspel and Mike Pompeo Nominations | The American Conser... - 0 views

  • when it comes to our place on the world stage, we are at a crossroads. We can continue to build on our recent successes by reaffirming America’s role as a trusted, powerful nation guided by principle. Or we can throw it all away by allowing neocon interventionists to infiltrate our leadership and make America the purveyor of destruction. For decades, we have failed to bring about real peace thanks to a foreign policy guided by the idea that war and intervention are the answers. “Blow up and rebuild” has been the battle cry of those determined to keep us perpetually in conflict.
  • People already distrust the CIA. So why on earth has this administration picked someone to run the Agency who was instrumental in running a place where people were tortured and then covered it up afterwards?
  • Unfortunately, Haspel is just one of many potential neoconservatives being considered to serve in our country’s top leadership roles. The current CIA director and the president’s pick to become the next secretary of state, Mike Pompeo, has defended torture in the past. Further, he’s been a stalwart defender of the National Security Agency’s (NSA) unconstitutional spying programs and has even written in support of expanding the information government can collect. I could not support appointing him as CIA director in 2017, and for those same reasons, I will oppose his nomination to be our chief diplomat now. Just as troublesome are recent news reports that John Bolton is being considered for a senior administration position. Just recently, Bolton advocated for a preemptive strike against North Korea. If he had his way, our nation would be embroiled in dozens of armed conflicts in every corner of the world. I want to be clear. This issue is much bigger than a simple disagreement over policy—and far more consequential. These are dangerous appointments.
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  • Allowing the failed foreign policies of the past to have a place in this administration, and sanctioning the infiltration of our government by those who eagerly await the next opportunity for war, not only says we don’t learn from our mistakes, it will result in a world with far more enemies than opportunities for stability and peace. If we are to avoid a future that is war-torn and mired in endless conflicts, we must do better than appointing these flawed nominees. I find them unacceptable, and I won’t support them. I hope the president will reconsider, too.
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