Last week, Yochai Benkler posted this in the Guardian:
The spate of new NSA disclosures substantially raises the stakes of this debate. We now know that the intelligence establishment systematically undermines oversight by lying to both Congress and the courts. We know that the NSA infiltrates internet standard-setting processes to security protocols that make surveillance harder. We know that the NSA uses persuasion, subterfuge, and legal coercion to distort software and hardware product design by commercial companies.
We have learned that in pursuit of its bureaucratic mission to obtain signals intelligence in a pervasively networked world, the NSA has mounted a systematic campaign against the foundations of American power: constitutional checks and balances, technological leadership, and market entrepreneurship. The NSA scandal is no longer about privacy, or a particular violation of constitutional or legislative obligations. The American body politic is suffering a severe case of auto-immune disease: our defense system is attacking other critical systems of our body.
First, the lying. The National Intelligence University, based in Washington, DC, offers a certificate program called the denial and deception advanced studies program. That’s not a farcical sci-fi dystopia; it’s a real program about countering denial and deception by other countries. The repeated misrepresentations suggest that the intelligence establishment has come to see its civilian bosses as adversaries to be managed through denial and deception.
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Second, the subversion. Last week, we learned that the NSA’s strategy to enhance its surveillance capabilities was to weaken internet security in general. The NSA infiltrated the social-professional standard-setting organizations on which the whole internet relies, from National Institute of Standards and Technology to the Internet Engineering Task Force itself, the very institutional foundation of the internet, to weaken the security standards. Moreover, the NSA combined persuasion and legal coercion to compromise the commercial systems and standards that offer the most basic security systems on which the entire internet runs. The NSA undermined the security of the SSL standard critical to online banking and shopping, VPN products central to secure corporate, research, and healthcare provider networks, and basic email utilities.
Serious people with grave expressions will argue that if we do not ruthlessly expand our intelligence capabilities, we will suffer terrorism and defeat. Whatever minor tweaks may be necessary, the argument goes, the core of the operation is absolutely necessary and people will die if we falter. But the question remains: how much of what we have is really necessary and effective, and how much is bureaucratic bloat resulting in the all-too-familiar dynamics of organizational self-aggrandizement and expansionism?
The “serious people” are appealing to our faith that national security is critical, in order to demand that we accept the particular organization of the Intelligence Church. Demand for blind faith adherence is unacceptable.
