Quotulatiousness

June 9, 2013

Original author of the Patriot Act decries its current abuse

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 10:20

In the Guardian, Jim Sensenbrenner demands to see the current misuse of the Patriot Act brought to an end:

Last week, the Guardian reported that the Obama administration is collecting records of every call made to, from or within the US, as well as records of many digital communications. President Obama has tried to deflect criticism by claiming “every member of Congress has been briefed on this program.” While some members of Congress were briefed — particularly those on the intelligence committees — most, including myself, were not.

The administration claims authority to sift through details of our private lives because the Patriot Act says that it can. I disagree. I authored the Patriot Act, and this is an abuse of that law.

I was the chairman of the House judiciary committee when the US was attacked on 11 September 2001. Five days later, the Justice Department delivered its proposal for new legislation. Although I, along with every other American, knew we had to strengthen our ability to combat those targeting our country, this version went too far. I believed then and now that we can defend our country and our liberty at the same time.

[. . .]

In his press conference on Friday, President Obama described the massive collection of phone and digital records as “two programs that were originally authorized by Congress, have been repeatedly authorized by Congress”. But Congress has never specifically authorized these programs, and the Patriot Act was never intended to allow the daily spying the Obama administration is conducting.

To obtain a business records order like the one the administration obtained, the Patriot Act requires the government to prove to a special federal court, known as a Fisa court, that it is complying with specific guidelines set by the attorney general and that the information sought is relevant to an authorized investigation. Intentionally targeting US citizens is prohibited.

Technically, the administration’s actions were lawful insofar as they were done pursuant to an order from the Fisa court. But based on the scope of the released order, both the administration and the Fisa court are relying on an unbounded interpretation of the act that Congress never intended.

QotD: Whistleblowers

Filed under: Government, Media, Quotations, USA — Tags: , , , , — Nicholas @ 09:36

The U.S. government is on a secrecy binge. It overclassifies more information than ever. And we learn, again and again, that our government regularly classifies things not because they need to be secret, but because their release would be embarrassing.

Knowing how the government spies on us is important. Not only because so much of it is illegal — or, to be as charitable as possible, based on novel interpretations of the law — but because we have a right to know. Democracy requires an informed citizenry in order to function properly, and transparency and accountability are essential parts of that. That means knowing what our government is doing to us, in our name. That means knowing that the government is operating within the constraints of the law. Otherwise, we’re living in a police state.

We need whistle-blowers.

Leaking information without getting caught is difficult. It’s almost impossible to maintain privacy in the Internet Age. The WikiLeaks platform seems to have been secure — Bradley Manning was caught not because of a technological flaw, but because someone he trusted betrayed him — but the U.S. government seems to have successfully destroyed it as a platform. None of the spin-offs have risen to become viable yet. The New Yorker recently unveiled its Strongbox platform for leaking material, which is still new but looks good. This link contains the best advice on how to leak information to the press via phone, email, or the post office. The National Whistleblowers Center has a page on national-security whistle-blowers and their rights.

Bruce Schneier, “What We Don’t Know About Spying on Citizens: Scarier Than What We Know”, The Atlantic, 2013-06-06

June 8, 2013

Don’t put too much faith in denials from Verizon and other companies…

Filed under: Business, Government, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 10:10

As Mic Wright points out, the companies named in the Prism leaks may not be acting as free agents:

Pastor Niemoller’s “First they came…” poem is over-quoted but with good reason. It is far too easy to be complacent. Addicted and reliant as many of us are on free web services, it’s more convenient to just accept the companies outright denials that they have been complicit with the NSA’s programme. But look closely at those statements and things become rather less clear, as Michael Arrington pointed out.

The tech industry’s denials have been carefully drafted and similarly worded. It is not unfeasible to imagine that those companies have turned over users’ personal information to the NSA in another fashion. Facebook founder and CEO Mark Zuckerberg’s statement was one of the strongest: “Facebook is not and has never been part of any program to give the US or any other government direct access to our servers. We have never received a blanket request or court order from any government agency asking for information…”

Zuckerberg’s words are reassuring until you consider that any company that receives an order under the Foreign Intelligence Surveillance Act Amendments Act — the legislation the Obama administration is using to justify the broad surveillance — is forbidden from disclosing they have received it or disclosing any information about it. It’s not surprising that no mea culpas have emerged from major tech firms or that Palantir — the big data surveillance company with the $5 billion valuation and CIA funding — denies any connection with the project. The NSA has been a Palantir client and one of the company’s co-founders, billionaire investor Peter Thiel, also sits on Facebook’s board.

Anonymous claims to have successfully hacked Turkish government network

Filed under: Europe, Government, Middle East, Technology — Tags: , , , — Nicholas @ 09:48

A report at RT.com says the Turkish government’s internal network has been breached by members of Anonymous:

Turkish government networks were hacked on Wednesday, compromising the private information of staffers in PM Tayyip Erdogan’s office, a source in PM’s office confirmed to Reuters. The attack was in support of the ongoing anti-government protests.

Staff email accounts were reportedly accessed after a phishing attack, and those affected were cut off from the network, a source said.

Anonymous hacked the Prime Minister’s official website (basbakanlik.gov.tr) and gained access to staff email addresses, passwords and phone numbers, the group said in a press release.

[. . .]

The group also stressed it will not share most of the hacked data because it “respects people’s privacy” and “does not believe in the full use of power against the weak.”

Feingold was right, back in 2001

Filed under: Government, Liberty, USA — Tags: , , , , , — Nicholas @ 09:42

Former US senator Russ Feingold was the only member of the senate to vote against the original Patriot Act:

He took a stand against the legislation because it increased the federal government’s authority exponentially and didn’t require enough judicial oversight.

Now here we are more than a decade later and it has been revealed that the U.S. government has been collecting massive amounts of data on millions of Americans every single day, using provisions found in the Patriot Act as justification.

Through the secret “PRISM” surveillance program and court orders compelling at least Verizon to provide records on all its customers, the FBI and NSA have enjoyed access to unthinkable amounts of Americans’ data, all without ever informing the public of alarming domestic surveillance.

In his address on the Senate floor in 2001, Former Sen. Feingold seemingly warned the U.S. about the exact thing so many Americans are outraged over today.

[. . .]

“In 2001, I first voted against the PATRIOT Act because much of it was simply an FBI wish list that included provisions allowing our government to go on fishing expeditions that collect information on virtually anyone,” the statement read. “Today’s report indicates that the government could be using FISA in an indiscriminate way that does not balance our legitimate concerns of national security with the necessity to preserve our fundamental civil rights.”

“This is deeply troubling. I hope today’s news will renew a serious conversation about how to protect the country while ensuring that the rights of law-abiding Americans are not violated,” he added.

June 7, 2013

Who is Glenn Greenwald?

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:14

The New York Times profiles Glenn Greenwald:

After writing intensely, even obsessively, for years about government surveillance and the prosecution of journalists, Glenn Greenwald has suddenly put himself directly at the intersection of those two issues, and perhaps in the cross hairs of federal prosecutors.

Late Wednesday, Mr. Greenwald, a lawyer and longtime blogger, published an article in the British newspaper The Guardian about the existence of a top-secret court order allowing the National Security Agency to monitor millions of telephone logs. The article, which included a link to the order, is expected to attract an investigation from the Justice Department, which has aggressively pursued leakers.

On Thursday night, he followed up with an article written with a Guardian reporter, Ewen MacAskill, that exposed an N.S.A. program, Prism, that has gathered information from the nation’s largest Internet companies going back nearly six years.

“The N.S.A. is kind of the crown jewel in government secrecy. I expect them to react even more extremely,” Mr. Greenwald said in a telephone interview. He said that he had been advised by lawyer friends that “he should be worried,” but he had decided that “what I am doing is exactly what the Constitution is about and I am not worried about it.”

June 6, 2013

“[D]espite breaking the Archives and Recordkeeping Act and ‘undermining’ freedom-of-information legislation, the scofflaws will not face penalties because there are none”

Filed under: Bureaucracy, Cancon, Government, Law — Tags: , , , , — Nicholas @ 08:40

It’s mighty handy to have thoughtfully passed a law against deleting official records — that includes no penalties whatsoever — just before you start breaking that law with abandon:

Top Liberal staffers — even in former premier Dalton McGuinty’s office — illegally deleted emails tied to the $585-million gas plant scandal, a parliamentary watchdog has found.

“It’s clear they didn’t want anything left behind in terms of a record on these issues,” Information and Privacy Commissioner Ann Cavoukian said Wednesday.

Her findings came in a scathing 35-page report prompted by NDP complaints that key Liberal political staff have no records on the controversial closures of plants in Mississauga and Oakville before the 2011 election.

However, despite breaking the Archives and Recordkeeping Act and “undermining” freedom-of-information legislation, the scofflaws will not face penalties because there are none, said Cavoukian.

“That’s the problem,” she said, noting the inadequate legislation was passed by the McGuinty Liberals. “It’s untenable. It has to have teeth so people just don’t engage in indiscriminate practices.”

Attorney General John Gerretsen said the government would consider changes.

“Any law, in order to be effective, there have to be some sort of penalty provisions,” he said. “We’ll take a look.”

If I were a betting man, I’d say that the chances of this “look” producing anything useful would be less than 1 in 10. If this were a private firm or an individual accused of deleting records that the government had an interest in seeing, I rather suspect they’d creatively find something in the existing body of law to use as a bludgeon. It’s charming that they didn’t think to include any penalties if the culprit was a government employee.

June 3, 2013

Turkey’s unexpected wave of protests

Filed under: Europe, Government, Media, Politics — Tags: , , , — Nicholas @ 08:51

The Economist explains what is happening in Turkey:

The wave of unrest was completely unexpected. The protestors cut across ideological, religious and class lines. Many are strikingly young. But there are plenty of older Turks, many of them secular-minded, some overtly pious. There are gays, Armenians, anarchists and atheists. There are also members of Turkey’s Alevi Muslim minority. What joins them is the common sentiment that an increasingly autocratic Mr Erdogan is determined to impose his worldview. The secularists point to a raft of restrictions on booze; liberals to the number of journalists in jail (there are more journalists in prison than in any other country in the world). Thousands of activists of varying stripes (mainly Kurds), convicted under Turkey’s vaguely worded anti-terror laws, are also behind bars. Then there are those incensed by mega urban-development projects, including a third bridge over the Bosphorus, which will entail felling thousands of trees. Scenting the public mood, retailers announced that they had pulled out of the planned arcade in Taksim Square. “This is not about secularists versus Islamists — it’s about pluralism versus authoritarianism,” commented a foreign diplomat.

Mr Erdogan wants to be elected president when the post comes free in August 2014. And he has made no secret of his desire to boost the powers of the presidency “a la Turca” as he put it, spurring accusations that what Erdogan really wants is to become a “Sultan”.

“Tayyip [Erdogan] istifa”, a call for the prime minister to resign, was the slogan most commonly chanted by the protestors. Not that most Turks would have known. Media bosses fearful of jeopardising their other business interests shunned coverage of the protests for nearly two days, opting instead to screen programmes about breast-reduction surgery and gourmet cooking. Faced with a public outcry, the main news channels began broadcasting live from Taksim Square. But pro-government papers continue to point the finger of blame at provocateurs and “foreign powers” bent on undermining Turkey. It seems an odd description of the thousands of housewives leaning over their balconies clanging their pots.

May 31, 2013

The congenital defect of politics

Filed under: Books, Bureaucracy, Government, Politics — Tags: , , , — Nicholas @ 08:56

Jonah Goldberg talks about a new book from Kevin Williamson:

Kevin Williamson’s new book is quite possibly the best indictment of the State since Our Enemy, the State appeared some eight decades ago. It is a lovely, brilliant, humane, and remarkably entertaining work.

Though he sometimes sounds like a reasonable anarchist, Williamson is not in fact opposed to all government. But he is everywhere opposed to anything that smacks of the State. There’s an old line about how to carve an elephant: Take a block of marble and then remove everything that isn’t an elephant. Williamson looks at everything we call the State or the government and wants to remove everything that shouldn’t be there, which is quite a lot. In what may be my favorite part of the book, he demolishes, with Godzilla-versus-Bambi ease, the notion that only government can provide public goods. In fact, most of what government provides are nonpublic goods (transfer payments, subsidies, etc.), and a great deal of what the market provides — from Google and Wikipedia to Starbucks rest­rooms — are indisputably public goods.

[. . .]

Williamson’s core argument is that politics has a congenital defect: Politics cannot get “less wrong” (a term coined by artificial-intelligence guru Eliezer Yudkowsky). Productive systems — the scientific method, the market, evolution — all have the built-in ability to learn from failures. Nothing (in this life at least) ever becomes immortally perfect, but some things become less wrong through trial and error. The market, writes Williamson, “is a form of social evolution that is metaphorically parallel to bio­logical evolution. Consider the case of New Coke, or Betamax, or McDonald’s Arch Deluxe, or Clairol’s Touch of Yogurt Shampoo. . . . When hordes of people don’t show up to buy the product, then the product dies.” Just like organisms in the wild, corporations that don’t learn from failures eventually fade away.

Except in politics: “The problem of politics is that it does not know how to get less wrong.” While new iPhones regularly burst forth like gifts from the gods, politics plods along. “Other than Social Security, there are very few 1935 vintage products still in use,” he writes. “Resistance to innovation is a part of the deep structure of politics. In that, it is like any other monopoly. It never goes out of business — despite flooding the market with defective and dangerous products, mistreating its customers, degrading the environment, cooking the books, and engaging in financial shenanigans that would have made Gordon Gekko pale to contemplate.” Hence, it is not U.S. Steel, which was eventually washed away like an imposing sand castle in the surf, but only politics that can claim to be “the eternal corporation.”

The reason for this immortality is simple: The people running the State are never sufficiently willing to contemplate that they are the problem. If a program dedicated to putting the round pegs of humanity into square holes fails, the bureaucrats running it will conclude that the citizens need to be squared off long before it dawns on them that the State should stop treating people like pegs in the first place. Furthermore, in government, failure is an exciting excuse to ask for more funding or more power.

May 30, 2013

A valuable lightning rod – Eric Holder as Attorney General

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 09:27

In the Daily Beast, Nick Gillespie explains why Eric Holder may not be the worst attorney general ever, but he’s doing exactly what an attorney general is expected to do — taking heat off the president:

Eric Holder may not be the worst attorney general in American history, but he is the most recent — which amounts to nearly the same thing.

Despite its exalted status as the nation’s “top cop,” the job is best understood as a dumping ground for intermittently competent bulldogs who take out the president’s trash and act as his public-relations human shield. That was the basic duty of George W. Bush’s troika of torture apologists: John Ashcroft, Alberto Gonzales, and Michael Mukasey. Ashcroft went so far after the 9/11 attacks as to argue that dissent itself verged on the unconstitutional.

[. . .]

There’s no reason to believe that Holder will be sent packing anytime soon or that he’s somehow at cross-purposes with the president. Obama has voiced nothing but support for his attorney general, which means that there’s every reason to keep questioning Holder’s truthfulness. One of his first actions upon taking office was to underscore the Obama administration’s position that federal resources would not be targeted at medical-marijuana users and providers who complied with laws in states where the stuff is legal. The result? A record number of raids against medical-marijuana dispensaries in California and elsewhere in Obama’s “war on weed.” And yet Holder continues to insist, as he did last year before Congress, that “we limit our enforcement efforts to those individuals and organizations that are acting out of conformity with state laws.” So Holder is either out of touch with reality or following a script scribbled together in the Oval Office. Neither prospect is comforting given that Obama’s DOJ has yet to state its position regarding the full legalization of pot in Colorado and Washington state.

It’s daunting to remember that Holder served as a deputy attorney general in Janet Reno’s Justice Department during the Clinton years. What lessons in self-preservation and executive-branch overreach might he have learned under Reno, the second-longest-serving attorney general in American history and surely one of the worst?

Recall that Reno was at best Clinton’s third pick for the position, being selected only after his first two selections were undone by revelations that they had employed illegal aliens as nannies. Reno’s tenure was marked by horrifyingly misguided law-enforcement debacles such as the deadly standoff between federal agents and the Branch Davidians at Waco, Texas, and the armed raid to separate 6-year-old Elián González from his American relatives and return him to his father in Cuba. But she held on as a political lightning rod, absorbing political punishment before it could reach her boss.

The real reason we’re getting wall-to-wall senate scandal coverage

Filed under: Cancon, Government, Media — Tags: , , , , , , — Nicholas @ 08:41

Colby Cosh suspects we may be on the receiving end of a massive distraction attempt:

I’m starting to half-believe the theory that the Senate expense scandal was cooked up to cover other problems for the Conservative Party of Canada. The broad main effect of the Senate fracas so far has been to exasperate the hell out of everybody. Mike Duffy’s bad behaviour presents the public with the frustrating conundrum that only the Senate can make rules for or punish errant senators, and that the major features of the Constitution (including that one) are probably immune from formal amendment for the next hundred years or so. Stephen Harper’s statutory end-run proposals for permitting Senate elections and tightening term limits are currently awaiting scrutiny by the Supreme Court; if the court rejects his measures, he can argue that they represented at least a fillip of attainable accountability, which they do, and that it is not his fault they were bounced.

In modern history, providing convenient excuses for inaction by elected politicians is about 45 per cent of the court’s function. And, at that, maybe it is okay to notice that the court, now crowded with Harper appointees, is as much an audience for Duffy’s antics as the rest of us. On top of all this, the whole mess invited Justin Trudeau, following cues like a good drama teacher, to plunge headlong into the trap of not only defending the Senate, but defending it on the specific grounds that Quebec is beneficially overrepresented therein.

If people are pulling faces at the Senate, that’s a win for the Conservative party. But perhaps more importantly, it’s a boost for the New Democrats, who have a clear “dynamite it” position on the Senate that they have advocated pretty consistently for half a century. Keeping the seat counts of the NDP and the Liberals roughly level with each other is the paramount strategic axiom for the Tories from now until (at least) 2015.

Most Canadians over the age of 40 would rather do almost anything other than watch another attempt at constitutional wrangling … we saw what happened the last couple of times the feds and the provinces tried re-rigging things to their preference.

May 29, 2013

“One imagines this isn’t the response the administration was expecting”

Filed under: Government, Liberty, Media, USA — Tags: , , , — Nicholas @ 10:01

In the Wall Street Journal, James Taranto talks about the surprising recent uniformity of opinion among media outlets:

Hey, kids! What time is it? “TIME TO GO: HOLDER OK’D PRESS PROBE,” shouted the always subtle homepage of the Puffington Host last Thursday evening. It was in response to the news, broken by NBC, that Attorney General Eric Holder had participated in “discussions” about “a controversial search warrant for a Fox News reporter’s private emails.” That’s in contrast with the Associated Press phone-log subpoena case, from which Holder told Congress he had recused himself.

The New York Times‘s reaction, while not as breathless, was more dramatic. The paper’s editorial appeared a week ago tomorrow — before Holder’s involvement had publicly emerged — under the headline “Another Chilling Leak Investigation.” The editorial was straightforward and reasonably argued. That may not sound like a great compliment, but this is the New York Times editorial page we’re talking about.

The editorial was remarkable as much for what it didn’t say as for what it did. There were no snide asides about Fox News, or qualifications along the lines that “even Fox” has First Amendment rights. Nor did the Times editors take any shots at George W. Bush, congressional Republicans or any other familiar antagonist. They simply defended Fox News‘s right to engage in news-gathering and denounced the Obama administration’s assault on it.

One imagines this isn’t the response the administration was expecting.

President Obama criticizes the abuse of executive power by … President Obama

Filed under: Government, USA — Tags: , , , — Nicholas @ 08:22

Jacob Sullum notes the fascinating debate going on between Barack Obama and the President of the United States:

Last week a guy named Barack Obama gave a speech in which he expressed appropriate concern about the abuse of government power in the name of fighting terrorism. Too bad he’s not in a position to do anything about it.

Obama, who used to teach constitutional law at the University of Chicago, quoted James Madison’s warning that “no nation could preserve its freedom in the midst of continual warfare.” Yet by declaring war against Al Qaeda and its shifting and proliferating allies and offshoots — groups that will not disappear or surrender anytime in the foreseeable future — he has reinforced the rationale for a never-ending military struggle that sacrifices civil liberties on the altar of national security.

Regarding one especially controversial aspect of that struggle, the used of unmanned aircraft to execute people the president identifies as terrorists, Obama incoherently argues that such assassinations are legitimate acts of war and that they are governed by due process (at least when the targets are U.S. citizens). To make matters even more confusing, he says the requirements of due process can be met through secret deliberations within the executive branch.

Obama nevertheless raised the possibility of establishing “a special court to evaluate and authorize lethal action,” which he said “has the benefit of bringing a third branch of government into the process but raises serious constitutional issues about presidential and judicial authority.” In other words, the advantage of consulting a court is that it would subject Obama’s death warrants to independent review; the disadvantage is that it would subject Obama’s death warrants to independent review.

May 28, 2013

Toronto and class snobbery

Filed under: Cancon, Government, Media — Tags: , , , — Nicholas @ 07:47

Eric Andrew-Gee explains just why the “great and good” of Toronto’s self-consciously progressive “elite” are appalled over Rob Ford — it’s class snobbery colouring everything:

It isn’t Doug Ford’s drug vending that has the city gasping and reaching for the smelling salts. The thing that really shocks the haute bourgeoisie of downtown Toronto is how tacky the Fords seem. I mean, gold chains?

Don’t get me wrong: you can fault the Fords for plenty on the merits alone. But it’s their style that really rankles. For many, it feels like The Beverly Hillbillies have taken over at City Hall.

At first, this seems incongruous with the Fords’ enormous wealth. The family label business is worth millions. Rob and Randy Ford drive Cadillac Escalades. How could such rich people be the subject of classist snobbery?

Because class isn’t really about wealth. George Orwell knew as much in 1945, when he wrote, “Anyone who pays attention to class differences at all would regard an army officer with £1000 a year as socially superior to a shopkeeper with £2000 a year.” This holds more or less true in Canada today. The Fords are the shopkeepers with £2000 a year. For all their wealth and power, they remain members of the petit bourgeois, the lower middle class. Their status is inscribed into everything they do, not least their drug scandals.

[. . .]

The fact is, Rob and Doug Ford are hosers. They say “eh?” They say, “Hooooly Christ!” when they walk into cameras. It’s not hard to imagine them saying “friggin.’” They are “branded on the tongue,” as Orwell put it — their accents are just indelibly hoserish. It’s hard to describe, but imagine the middle of their sentences reaching a high, squeaky pitch of incredulity, then descending to a thudding, exhaling indignation: “You hit me with a camera.” “Jeeez, eh?”

Even removing the filter of their Doug-and-Bob-MacKenzie accents, the Ford diction often conveys the family’s class origin in a way that makes left-wing elites either giggle or retch. Take one representative example from Doug Ford’s Global News interview, transcribed verbatim. The whole thing needs a big, meta, square-bracketed sic: “Their allegations were unfounded, unnamed sources, and, is that the best the Globe and Mail has? Is that the best, thirty years ago? They wanna go back when I was in high school? Come on Jackson: gimme a break.”

H/T to Colby Cosh for the link.

May 27, 2013

Toronto’s mass transit planners go for the wallet

Filed under: Cancon, Government — Tags: , , , — Nicholas @ 09:19

680 News is reporting on the latest attempt by Metrolinx to fund their mass transit pipe dreams:

Metrolinx is asking drivers to pay more to fund transit expansion across the Greater Toronto and Hamilton Area (GTHA).

The transportation agency handed over its funding report to Queen’s Park on Monday.

The 25-year, $50-billion Big Move plan includes:

  • 1 per cent increase to HST (generating $1.3 billion/year)
  • 5-cent/litre gas tax (generating $330 million/year)
  • Parking space levy (generating $350 million/year)
  • 15 per cent development charge

Metrolinx CEO Bruce McCuaig said that will generate $2 billion annually for the transit expansion plan.

“Metrolinx is recommending that we have dedicated funds,” he said.

“We are also recommending that these funds be placed into a transportation trust fund to create certainty that The Big Move projects are delivered and to provide the accountability and transparency GTHA residents demand and deserve.”

Someone really should do a version of “The Monorail Song” from The Simpsons for the light rail fan club in Toronto.

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