Quotulatiousness

April 2, 2014

People are less inclined to shop or bank online after NSA surveillance reports

Filed under: Business, Government, Technology — Tags: , , , , , — Nicholas @ 08:46

Among the side-effects of government surveillance revelations, ordinary people are deciding to be a bit less involved in online activities, according to a new Harris Poll:

Online banking and shopping in America are being negatively impacted by ongoing revelations about the National Security Agency’s digital surveillance activities. That is the clear implication of a recent ESET-commissioned Harris poll which asked more than 2,000 U.S. adults ages 18 and older whether or not, given the news about the NSA’s activities, they have changed their approach to online activity.

Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.

When it comes to specific Internet activities, such as email or online banking, this change in behavior translates into a worrying trend for the online economy: over one quarter of respondents (26%) said that, based on what they have learned about secret government surveillance, they are now doing less banking online and less online shopping. This shift in behavior is not good news for companies that rely on sustained or increased use of the Internet for their business model.

[…]

Whether or not we have seen the full extent of the public’s reaction to state-sponsored mass surveillance is hard to predict, but based on this survey and the one we did last year, I would say that, if the NSA revelations continue – and I am sure they will – and if government reassurances fail to impress the public, then it is possible that the trends in behavior we are seeing right now will continue. For example, I do not see many people finding reassurance in President Obama’s recently announced plan to transfer the storage of millions of telephone records from the government to private phone companies. As we will document in our next installment of survey findings, data gathering by companies is even more of a privacy concern for some Americans than government surveillance.

And in case anyone is tempted to think that this is a narrow issue of concern only to news junkies and security geeks, let me be clear: according to this latest survey, 85% of adult Americans are now at least somewhat familiar with the news about secret government surveillance of private citizens’ phone calls, emails, online activity, and so on.

March 23, 2014

Isn’t it Ironic: Government Surveillance Version (with Remy)

Filed under: Government, Humour, Liberty, Media — Tags: , , , — Nicholas @ 00:01

Published on 20 Mar 2014

Remy updates the Alanis Morissette hit for a certain senior senator from California.

Approximately 2 minutes.

Written by Remy. Video and animation by Meredith Bragg. Music performed, produced, recorded, mixed and mastered by Ben Karlstrom.

For full text, links, downloadable versions and more, go to: http://reason.com/reasontv/2014/03/20/remy-isnt-it-ironic.

Lyrics:
A Senator lady
Got the news one day
The country’s being spied on
by the NSA

So she went out defending
on each TV set
but when she found out she’d been snooped on
she got all upset

And isn’t it ironic?
I mean, don’t you think?

It’s like you’re at Chris Brown’s
and there’s punch in the fridge
or if The Bachelor
passed a geography quiz

Learning Ted Kennedy
happened to be good at bridge.
And who would have thought?
It figures.

Senator, this may surprise you
and the irony bites
but Congresspeople ain’t the only ones
with 4th Amendment rights

It’s like a minimalist
who does their laundry
with All
or if Woody Allen liked to watch
Kids in the Hall

it’s like FDR
got locked in a Honda Accord
a cheap healthcare plan
that you just can’t afford

If Oscar Pistorius
really hated The Doors
and who would have thought?
It figures.

I heard the government
is sneaking up on you.
Life has a funny, funny way
of calling you out
calling you out.

March 11, 2014

Surveillance game – Nothing to Hide

Filed under: Gaming, Government, USA — Tags: , , — Nicholas @ 10:50

If you’re not worried about the government (or other governments) watching your every move — because you’ve “got nothing to hide” — you might be interested in this game:

The tongue-in-cheek game Nothing to Hide was born out of creator Nicky Case’s dedication to privacy rights. Using the game, he intends to chip away at confidence in National Security Agency (NSA) procedures and give advocates something to think about.

The “anti-stealth” framework is an “inversion” of more familiar stealth-based video games. In the Panopticon-inspired environment, players must control behavior to please monitoring powers. Rather than avoid surveillance equipment, players actively work to remain in sight of yellow, triangle cyclops-eyed cameras. If a player walks outside the view of the camera, he or she risks death by summary, trial-free execution — because clearly he or she is a criminal with something to hide.

The name Nothing to Hide is, of course, taken from a common blasé reaction to state surveillance: “Well, I’ve got nothing to hide.” The game confronts this attitude by drawing attention to the unpleasantness of being constantly monitored. Players are thrust into a dystopian environment devoid of privacy. Digital posters with creepy comments like “Smile for the camera” and “Thank you for participating in your own surveillance” cover the walls.

March 10, 2014

When we do it, it’s “intelligence gathering”, when they do it, it’s “cyberwar”

Filed under: China, Technology, USA — Tags: , , , , — Nicholas @ 10:48

Bruce Schneier on the odd linguistic tic of how we describe an act depending on who the actor is:

Back when we first started getting reports of the Chinese breaking into U.S. computer networks for espionage purposes, we described it in some very strong language. We called the Chinese actions cyberattacks. We sometimes even invoked the word cyberwar, and declared that a cyber-attack was an act of war.

When Edward Snowden revealed that the NSA has been doing exactly the same thing as the Chinese to computer networks around the world, we used much more moderate language to describe U.S. actions: words like espionage, or intelligence gathering, or spying. We stressed that it’s a peacetime activity, and that everyone does it.

The reality is somewhere in the middle, and the problem is that our intuitions are based on history.

Electronic espionage is different today than it was in the pre-Internet days of the Cold War. Eavesdropping isn’t passive anymore. It’s not the electronic equivalent of sitting close to someone and overhearing a conversation. It’s not passively monitoring a communications circuit. It’s more likely to involve actively breaking into an adversary’s computer network — be it Chinese, Brazilian, or Belgian — and installing malicious software designed to take over that network.

In other words, it’s hacking. Cyber-espionage is a form of cyber-attack. It’s an offensive action. It violates the sovereignty of another country, and we’re doing it with far too little consideration of its diplomatic and geopolitical costs.

February 19, 2014

NSA and DHS admit that parody is allowed after all

Filed under: Bureaucracy, Business, Government — Tags: , — Nicholas @ 08:58

Julian Hattem reports that the NSA and the DHS have dropped their complaint about parody mugs that they initially claimed were violating some sort of “special legal protection” for certain US government agencies’ seals:

The NSA and the Department of Homeland Security (DHS) are abandoning their protests against a line of mugs, hats and shirts that mock official government insignia, settling a lawsuit filed by the consumer interest group Public Citizen on behalf of Dan McCall, a Minnesota activist who sold products poking fun at the government.

“This is an important win,” said Paul Levy, a Public Citizen lawyer involved in the case, in a statement on Tuesday. “Citizens shouldn’t have to worry whether criticizing government agencies will get them in trouble or not. This settlement proves the First Amendment is there to protect citizens’ rights to free speech.”

McCall’s site, LibertyManiacs.com, sold bumper stickers, shirts, hats and other goods featuring a series of parody images. One graphic featured the DHS seal with the words “Department of Homeland Stupidity.”

In 2011, the NSA and the DHS sent cease and desist letters to Zazzle, which printed McCall’s designs, claiming that the images violated special legal protections for the agencies’ official seals.

The LibertyManiacs site shows a selection of “Censored by” items on the front page (I imagine they’ll be getting quite a sales boost from this case):

LibertyManiacs front page

February 11, 2014

Rand Paul on the Fourth Amendment

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 12:06

QotD: The NSA voicemail greeting

Filed under: Government, Humour, Quotations — Tags: , , — Nicholas @ 10:41

Thanks for calling the National Security Agency. Press 1 for a blanket denial. Whatever you heard, it’s not true. Press 2 to hear a transcript of every call you’ve ever made. Press 3 to confess. If you haven’t done anything, that’s OK, the NSA treats everyone like a criminal. Press 4 to have your tax money used to violate your privacy. Press 5 to hear these options again.

Gregg Easterbrook, “Are the Chiefs real or opportunistic?”, ESPN Tuesday Morning Quarterback, 2013-10-29

February 6, 2014

TAFTA/TTIP – The US is negotiating from a position of unassailable strength

Filed under: Europe, Technology, USA — Tags: , , , , , — Nicholas @ 11:02

At Techdirt, Glyn Moody explains why the EU is insane not to demand that the negotiations with the US government over TAFTA/TTIP be made fully public:

On the one side is the US, on the other, the 28 nations that go to make up the European Union. Because they have differing views on the TAFTA/TTIP negotiations, it’s necessary to pass around many documents conveying information about the current negotiations, and seek to obtain some kind of consensus on future EU proposals and flexibilities.

In the wake of Snowden’s revelations, security will doubtless be much better than during the Copenhagen Summit, when supposedly secret messages were sent using unencrypted emails. But it only needs one weak link in the European Union’s security chain — somebody who forgets to encrypt his or her message, or who leaves it on a system that has been compromised — and the NSA will be able to access that information, and pass it on to the US negotiators, just as it did in Copenhagen.

The key point is that there is a profound information asymmetry in the TAFTA/TTIP talks. Although the spy agencies of the EU countries will doubtless be trying their best to obtain confidential information about US negotiating tactics, it will be much harder than it is for the US to do the same about EU positions. That’s because the NSA is far larger, and far more expert than the EU agencies. GCHQ is probably the nearest in terms of capabilities, but is so closely allied with the NSA in other areas that it probably won’t be trying too hard so as not to annoy its paymaster.

This more or less guarantees that the US will know everything about the EU’s negotiating plans during TAFTA/TTIP, while the EU will remain in the dark about the US intentions. That not only undercuts the European Commission’s argument that releasing documents is not possible because they must remain secret during the negotiations — they won’t be — it also gives the EU a huge incentive to insist on full transparency for the talks. That way, the EU negotiators would be able to see at least some US documents that currently are hidden from them, whereas the US would gain little that it didn’t already know through more dubious means.

February 3, 2014

If you object to anything the government does, Cass Sunstein says you’re paranoid

Filed under: Government, Liberty, USA — Tags: , , , , , — Nicholas @ 09:03

Justin Raimondo on the former head of the White House Office of Information and Regulatory Affairs and his “with us or against us” views of dissent. Any dissent:

Taking up where Princeton University historian and Clintonista Sean Wilentz left off, Sunstein avers:

    “It can be found on the political right, in familiar objections to gun control, progressive taxation, environmental protection and health-care reform. It can also be found on the left, in familiar objections to religious displays at public institutions and to efforts to reduce the risk of terrorism.”

In short, any objection to the Obama administration’s agenda is indicative of “paranoia” on both sides of the political spectrum. While it would be tempting to write this off as mere partisan bombast, this isn’t the case with Sunstein, an ideologue whose faith in the beneficence of government action underlies all his public pronouncements. If government sees some benefit to state-sponsored displays of religiosity, well then what’s your problem? And as for the Surveillance State – it’s just a program to “reduce the risk of terrorism,” and has absolutely nothing to do with industrial espionage, compiling dossiers on innocent Americans, and tapping Angela Merkel’s phone.

[…]

So how do you spot these libertarian subversives who deserve to be “cognitively infiltrated” and quite possibly suppressed? According to Professor Sunstein, they share five characteristics:

    “The first is a wildly exaggerated sense of risks – a belief that if government is engaging in certain action (such as surveillance or gun control), it will inevitably use its authority so as to jeopardize civil liberties and perhaps democracy itself. In practice, of course, the risk might be real. But paranoid libertarians are convinced of its reality whether or not they have good reason for their conviction.”

What would be a “good reason,” in Sunstein’s view? He doesn’t say, conveniently enough, but what about secrecy? Shouldn’t our suspicions be aroused by the fact that the NSA started spying on us behind our backs? Not even the author of the Patriot Act knew it was being utilized by this administration – and its predecessor – to justify scooping up all telephonic and Internet data generated within our borders and far beyond. Why was it all done in the dark, with even the court proceedings “legalizing” this anti-constitutional coup kept secret? The answer is clearly because such brazen chicanery could never stand the light of day.

And surely Sunstein’s argument can be turned around and aimed at its author: isn’t his proposal that the US government hire paid snoops to “cognitively infiltrate” so-called conspiracy theorists on the Internet (and elsewhere) using a hammer to kill a flea? In his infamous paper, he cites polls showing a good proportion of the people of New York believe the 9/11 attacks were the work of the US government, but even if this somewhat dubious statistic reflects reality what is the risk of failing to confront it with government action? Does Sunstein expect 9/11 “truthers” to take over the state of New York anytime soon? Who’s paranoid now?

January 26, 2014

The New York Times profiles Rand Paul

Filed under: Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 11:19

An interesting view of Rand Paul by Sam Tanenhaus and Jim Rutenberg:

As Rand Paul test-markets a presidential candidacy and tries to broaden his appeal, he is also trying to take libertarianism, an ideology long on the fringes of American politics, into the mainstream. Midway through his freshman term, he has become a prominent voice in Washington’s biggest debates — on government surveillance, spending and Middle East policy.

In the months since he commanded national attention and bipartisan praise for his 13-hour filibuster against the Obama administration’s drone strike program, Mr. Paul has impressed Republican leaders with his staying power, in part because of the stumbles of potential rivals and despite some of his own.

“Senator Paul is a credible national candidate,” said Mitt Romney, who ran for president as the consummate insider in 2012. “He has tapped into the growing sentiment that government has become too large and too intrusive.” In an email, Mr. Romney added that the votes and dollars Mr. Paul would attract from his father’s supporters could help make him “a serious contender for the Republican nomination.”

But if Mr. Paul reaps the benefits of his father’s name and history, he also must contend with the burdens of that patrimony. And as he has become a politician in his own right and now tours the circuit of early primary states, Mr. Paul has been calibrating how fully he embraces some libertarian precepts.

[…]

Since becoming a national figure, Mr. Paul has generally stayed on safer ground. His denunciations of government intrusion on Americans’ privacy have been joined by lawmakers in both parties and have resonated with the public — though no other member of Congress as yet has joined him in his planned class-action suit against the National Security Agency.

He has renounced many of the isolationist tenets central to libertarianism, backed away from his longstanding objections to parts of the 1964 Civil Rights Act and teamed with members of the Congressional Black Caucus in calling for an easing of drug-sentencing laws. He recently unveiled a plan for investment in distressed inner cities.

Much of that is in keeping with the left-right alliance Mr. Paul promotes, an alternative to what he dismisses as a “mushy middle.” Such partnerships, he says, “include people who firmly do believe in the same things, that happen to serve in different parties.”

Of course, no profile of Rand Paul is complete without including his early influences, including his musical tastes:

Rand was engrossed in his own course of libertarian study: He received a set of Ayn Rand novels for his 17th birthday. And he followed the rock band Rush, some of whose lyrics had libertarian themes.

Gary L. Gardner Jr., a high school friend, said: “I remember even back then being on a swim team bus and a Rush song comes on. I think it was the song ‘Trees’ — and he said, ‘Man, listen to the words of this, you know those guys have got to be conservative.’ ”

“The Trees” tells the story of maples, overshadowed by tall oaks, that form a union to bring equality to the woods “by hatchet, ax and saw.”

Rand Paul influences

The pantheon of libertarianism includes economists like Mises and Friedman and the novelist Rand; Mr. Hess, a former speechwriter for Senator Barry M. Goldwater; Mr. Rothbard, an economic historian and social thinker; Ron Paul, congressman, presidential aspirant, father and “hero”; and Rush, whose lyrics were infused with libertarian themes.

January 25, 2014

QotD: The US Constitution

Filed under: Humour, Liberty, Quotations — Tags: , , — Nicholas @ 11:31

SEEN ON FACEBOOK: “Maybe we should start emailing each other copies of the Constitution, so we can know that the government has read it.”

Glenn Reynolds, Instapundit, 2014-01-24.

January 15, 2014

The NSA’s rise to being the “centerpiece of the entire intelligence system”

Filed under: Government, Technology, USA — Tags: , , , — Nicholas @ 09:06

In Wired, Felix Salmon explains that “Quants don’t know everything”:

By now, nearly everyone from the president of the United States on down has admit­ted that the National Security Agency went too far. Documents leaked by Edward Snowden, the rogue NSA contractor who has since gained asylum in Rus­sia, paint a picture of an organization with access to seemingly every word typed or spoken on any electronic device, anywhere in the world. And when news of the NSA’s reach became public — as it was surely bound to do at some point — the entire US intelli­gence apparatus was thrust into what The New York Times recently called a “crisis of purpose and legitimacy.”

It was a crisis many years in the making. Over the course of three decades, the NSA slowly transformed itself from the nation’s junior spy agency to the centerpiece of the entire intelligence system. As the amount of data in the world doubled, and doubled again, and again, the NSA kept up with it — even as America’s human intelligence capability, as typified by old-fashioned CIA spies in the field, struggled to do anything useful with the unprecedented quantities of signals intelligence they had access to. Trained agency linguists capable of parsing massive quantities of Arabic- and Farsi-language intercepts don’t scale up nearly as easily as data centers do.

That, however, wasn’t the computer geeks’ problem. Once it was clear that the NSA could do something, it seemed inarguable that the agency should do it — even after the bounds of information overload (billions of records added to bulging databases every day) or basic decency (spying on allied heads of state, for example) had long since been surpassed. The value of every marginal gigabyte of high tech signals intelligence was, at least in theory, quantifiable. The downside — the inability to prioritize essential intelligence and act on it; the damage to America’s democratic legitimacy — was not. As a result, during the past couple of decades spycraft went from being a pursuit driven by human judgment calls to one driven by technical capability.

January 11, 2014

February 11th 2014 is The Day We Fight Back Against Mass Surveillance

Filed under: Government, Liberty, Media — Tags: , , , , — Nicholas @ 10:49

It may be only a token gesture, but mark 11 February on your calendar:

DEAR USERS OF THE INTERNET,

In January 2012 we defeated the SOPA and PIPA censorship legislation with the largest Internet protest in history. A year ago this month one of that movement’s leaders, Aaron Swartz, tragically passed away.

Today we face a different threat, one that undermines the Internet, and the notion that any of us live in a genuinely free society: mass surveillance.

If Aaron were alive, he’d be on the front lines, fighting against a world in which governments observe, collect, and analyze our every digital action.

Now, on the eve of the anniversary of Aaron’s passing, and in celebration of the win against SOPA and PIPA that he helped make possible, we are announcing a day of protest against mass surveillance, to take place this February 11th.

[…]

Anti-surveillance banner preview

We’re creating embeddable banners and widgets that you’ll be able to add to your site to encourage visitors to participate in the day of action. The photo above is just a draft — the final design is yet to come.

January 9, 2014

Oh, that’s okay then – Congress has the same constitutional protections as other Americans (i.e., none whatsoever)

Filed under: Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:59

Like Andrew Napolitano, I’m sure all members of congress heaved a sigh of relief when the NSA said that they have exactly the same constitutional right to privacy from surveillance as every other American does. Wait, what?

Last week, Sen. Bernie Sanders, I-Vt., wrote to Gen. Keith Alexander, director of the National Security Administration (NSA), and asked plainly whether the NSA has been or is now spying on members of Congress or other public officials. The senator’s letter was no doubt prompted by the revelations of Edward Snowden to the effect that the federal government’s lust for personal private data about all Americans and many foreigners knows no bounds, and its respect for the constitutionally protected and statutorily enforced right to privacy is nonexistent.

[…]

All of this is background to the timing of Sanders’ letter. That Clapper perjured himself before, and Alexander misled, Congress is nothing new. And the punishments for lying to Congress and for misleading Congress are identical: five years per lie or per misleading statement. Hence, the silence from the NSA to Sanders.

Well, it wasn’t exactly silence, but rather a refusal to answer a simple question. The NSA did reply to Sanders by stating — in an absurd oxymoron — that members of Congress receive the same constitutional protections as other Americans: that is to say, none from the NSA.

The NSA’s refusal to answer Sanders’ question directly is a tacit admission, because we are all well aware that the NSA collects identifying data on and the content of virtually every email, text message and phone call sent or received in the U.S. In fact, just last week, the secret FISA court renewed the order authorizing massive records collection for the 36th time. If members of Congress are treated no differently than the American public, then the NSA is keeping tabs on every email, text and phone call members of Congress send and receive, too.

That raises a host of constitutional questions. Under the Constitution, Congress and the executive branch are equals. The president — for whom the NSA works — can no more legally spy on members of Congress without a search warrant about the members to be spied upon than Congress can legally spy on the president. Surely the president, a former lecturer in constitutional law at the University of Chicago Law School, knows this.

There was a time when the NSA’s failure to answer such a straightforward question as Sanders has asked would have led to hearings and bipartisan investigations. However, Democrats are largely silent, choosing party and personality over principle, and Republicans know all of this started under President George W. Bush and are afraid to open a can of worms — except for King, who apparently likes to be spied upon.

January 8, 2014

“Silicon Valley was … collateral damage in the war on terror”

Filed under: Government, Liberty, Media, Technology, USA — Tags: , , , , , — Nicholas @ 08:40

In Wired, Steven Levy explains how the NSA nearly killed the internet:

On June 6, 2013, Washington Post reporters called the communications depart­ments of Apple, Facebook, Google, Yahoo, and other Internet companies. The day before, a report in the British newspaper The Guardian had shocked Americans with evidence that the telecommunications giant Verizon had voluntarily handed a database of every call made on its network to the National Security Agency. The piece was by reporter Glenn Greenwald, and the information came from Edward Snowden, a 29-year-old IT consultant who had left the US with hundreds of thousands of documents detailing the NSA’s secret procedures.

Greenwald was the first but not the only journalist that Snowden reached out to. The Post’s Barton Gellman had also connected with him. Now, collaborating with documentary filmmaker and Snowden confidante Laura Poitras, he was going to extend the story to Silicon Valley. Gellman wanted to be the first to expose a top-secret NSA program called Prism. Snowden’s files indicated that some of the biggest companies on the web had granted the NSA and FBI direct access to their servers, giving the agencies the ability to grab a person’s audio, video, photos, emails, and documents. The government urged Gellman not to identify the firms involved, but Gellman thought it was important. “Naming those companies is what would make it real to Americans,” he says. Now a team of Post reporters was reaching out to those companies for comment.

It would be the start of a chain reaction that threatened the foundations of the industry. The subject would dominate headlines for months and become the prime topic of conversation in tech circles. For years, the tech companies’ key policy issue had been negotiating the delicate balance between maintaining customers’ privacy and providing them benefits based on their personal data. It was new and contro­versial territory, sometimes eclipsing the substance of current law, but over time the companies had achieved a rough equilibrium that allowed them to push forward. The instant those phone calls from reporters came in, that balance was destabilized, as the tech world found itself ensnared in a fight far bigger than the ones involving oversharing on Facebook or ads on Gmail. Over the coming months, they would find themselves at war with their own government, in a fight for the very future of the Internet.

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