Quotulatiousness

August 12, 2013

Schneier to internet company executives – it’s time to fight back

Filed under: Business, Government, Liberty, USA — Tags: , , , , — Nicholas @ 11:02

In The Atlantic, Bruce Schneier has some advice for the executives of major internet companies:

It turns out that the NSA’s domestic and world-wide surveillance apparatus is even more extensive than we thought. Bluntly: The government has commandeered the Internet. Most of the largest Internet companies provide information to the NSA, betraying their users. Some, as we’ve learned, fight and lose. Others cooperate, either out of patriotism or because they believe it’s easier that way.

I have one message to the executives of those companies: fight.

Do you remember those old spy movies, when the higher ups in government decide that the mission is more important than the spy’s life? It’s going to be the same way with you. You might think that your friendly relationship with the government means that they’re going to protect you, but they won’t. The NSA doesn’t care about you or your customers, and will burn you the moment it’s convenient to do so.

We’re already starting to see that. Google, Yahoo, Microsoft and others are pleading with the government to allow them to explain details of what information they provided in response to National Security Letters and other government demands. They’ve lost the trust of their customers, and explaining what they do — and don’t do — is how to get it back. The government has refused; they don’t care.

It will be the same with you. There are lots more high-tech companies who have cooperated with the government. Most of those company names are somewhere in the thousands of documents that Edward Snowden took with him, and sooner or later they’ll be released to the public. The NSA probably told you that your cooperation would forever remain secret, but they’re sloppy. They’ll put your company name on presentations delivered to thousands of people: government employees, contractors, probably even foreign nationals. If Snowden doesn’t have a copy, the next whistleblower will.

Online privacy and habitual oversharing

Filed under: Liberty, Media, Technology — Tags: , , , , — Nicholas @ 09:47

Cory Doctorow explains why so many of us have gotten into the habit of oversharing personal details in our social media activities:

Whenever government surveillance is debated, someone inevitably points out that it is no cause for alarm, since people already overshare sensitive personal information on Facebook. This means there’s hardly anything to be gleaned from state surveillance that isn’t already there for the taking on social media.

It’s true people overshare on social networks, providing information in ways that they later come to regret. The consequences of oversharing range widely, from losing a job to being outed for your sexual orientation. If you live in a dictatorship, intercepted social media sessions can be used by those in charge to compile enemies lists, determining whom to arrest, whom to torture, and – potentially – whom to murder.

The key reason for oversharing is that cause and effect are separated by volumes of time and space, so understanding the consequences can be difficult. Imagine practising penalty kicks by kicking the ball and then turning around before it lands; two years later, someone visits you and tells you where your kicks ended up. This is the kind of feedback loop we contend with when it comes to our privacy disclosures.

In other words, you may make a million small and large disclosures on different services, with different limits on your sharing preferences, and many years later, you lose your job. Or your marriage. Or maybe your life, if you’re unlucky enough to have your Facebook scraped by a despot who has you in his dominion.

August 11, 2013

Speculations on why Lavabit went dark

Filed under: Business, Law, Liberty, USA — Tags: , , , — Nicholas @ 11:40

In The New Yorker, Michael Phillips tries to outline the legal picture around the Lavabit shutdown:

In mid-July, Tanya Lokshina, the deputy director for Human Rights Watch’s Moscow office, wrote on her Facebook wall that she had received an e-mail from edsnowden@lavabit.com. It requested that she attend a press conference at Moscow’s Sheremetyevo International Airport to discuss the N.S.A. leaker’s “situation.” This was the wider public’s introduction to Lavabit, an e-mail service prized for its security. Lavabit promised, for instance, that messages stored on the service using asymmetric encryption, which encrypts incoming e-mails before they’re saved on Lavabit’s servers, could not even be read by Lavabit itself.

Yesterday, Lavabit went dark. In a cryptic statement posted on the Web site, the service’s owner and operator, Ladar Levison, wrote, “I cannot share my experiences over the last six weeks, even though I have twice made the appropriate requests.” Those experiences led him to shut down the service rather than, as he put it, “become complicit in crimes against the American people.” Lavabit users reacted with consumer vitriol on the company’s Facebook page (“What about our emails?”), but the tide quickly turned toward government critique. By the end of the night, a similar service, Silent Circle, also shut down its encrypted e-mail product, calling the Lavabit affair the “writing [on] the wall.”

Which secret surveillance scheme is involved in the Lavabit case? The company may have received a national-security letter, which is a demand issued by a federal agency (typically the F.B.I.) that the recipient turn over data about other individuals. These letters often forbid recipients from discussing it with anyone. Another possibility is that the Foreign Intelligence Surveillance Court may have issued a warrant ordering Lavabit to participate in ongoing e-mail surveillance. We can’t be completely sure: as Judge Reggie Walton, the presiding judge of the FISA court, explained to Senator Patrick Leahy in a letter dated July 29th, FISA proceedings, decisions, and legal rationales are typically secret. America’s surveillance programs are secret, as are the court proceedings that enable them and the legal rationales that justify them; informed dissents, like those by Levison or Senator Ron Wyden, must be kept secret. The reasons for all this secrecy are also secret. That some of the secrets are out has not deterred the Obama Administration from prosecuting leakers under the Espionage Act for disclosure of classified information. Call it meta-secrecy.

NSA wiretapping PSA

Filed under: Humour, Liberty — Tags: , , , , — Nicholas @ 10:03

Trevor Moore (Whitest Kids U’ Know) tells us what we can do about the NSA wiretapping our phones.

August 7, 2013

Reason.tv – Radley Balko Discusses Militarization of Police Force

Filed under: Books, Law, Liberty, Media, USA — Tags: , — Nicholas @ 00:01

Published on 6 Aug 2013

“The police have become more militarized, more soldier-like in the last generation or two,” explains journalist and author Radley Balko. “It applies to the weapons they are using, the uniforms they wear…to the tactics they use, to what I think is the most pervasive problem which is the mindset that police officers take to the job.”

Balko, author of the new book Rise of the Warrior Cop: The Militarization of America’s Police Forces, sat down with ReasonTV to discuss the book, the growth and development of SWAT forces, and how the drug war has fostered an “us against them” mentality within police departments.

Balko is a senior writer and investigative reporter at the Huffington Post. His work primarily focuses on the drug war and police abuse. Previously, Balko worked as a senior editor for Reason Magazine.

August 6, 2013

The Electronic Frontier Foundation on reforming the NSA

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 11:36

The EFF has a few suggestions on how to go about reining-in the NSA:

While we still believe that the best first step is a modern Church Committee, an independent, public investigation and accounting of the government’s surveillance programs that affect Americans, members of Congress seem determined to try to enact fixes now. Almost a dozen bills have already been introduced or will be introduced in the coming weeks.

While we’re also waiting to see what the various bills will look like before endorsing anything, here’s — in broad strokes — what we’d like to see, and what should be avoided or opposed as a false response. We know full well that the devil is in the details when it comes to legislation, so these are not set in stone and they aren’t exhaustive. But as the debate continues in Congress, here are some key guideposts.

This first post focuses on surveillance law reform. In later posts we’ll discuss transparency, secret law and the FISA Court as well as other topics raised by the ongoing disclosures. In short, there’s much Congress can and should do here, but we also need to be on the lookout for phony measures dressed as reform that either don’t fix things or take us backwards.

Helping the Russians laugh … at us

Filed under: Government, Liberty, Russia, USA — Tags: , , — Nicholas @ 11:00

Bruce Sterling on the Edward Snowden situation:

This is the kind of comedic situation that Russians find hilarious. I mean, sure it’s plenty bad and all that, PRISM, XKeyScore, show trials, surveillance, threats to what’s left of journalism, sure, I get all that, I’m properly concerned. None of that stops it from being hilarious.

Few geopolitical situations can ever give the Russians a full, free, rib-busting belly laugh. This one sure does.

If Snowden had gotten things his own way, he’d be writing earnest op-ed editorials in Hong Kong now, in English, while dining on Kung Pao Chicken. It’s some darkly modern act of crooked fate that has directed Edward Snowden to Moscow, arriving there as the NSA’s Solzhenitsyn, the up-tempo, digital version of a conscience-driven dissident defector.

But Snowden sure is a dissident defector, and boy is he ever. Americans don’t even know how to think about characters like Snowden — the American Great and the Good are blundering around on the public stage like blacked-out drunks, blithering self-contradictory rubbish. It’s all “gosh he’s such a liar” and “give us back our sinister felon,” all while trying to swat down the jets of South American presidents.

These thumb-fingered acts of totalitarian comedy are entirely familiar to anybody who has read Russian literature. The pigs in Orwell’s Animal Farm have more suavity than the US government is demonstrating now. Their credibility is below zero.

The Russians, by contrast, know all about dissidents like Snowden. The Russians have always had lots of Snowdens, heaps. They know that Snowden is one of these high-minded, conscience-stricken, act-on-principle characters who is a total pain in the ass.

Modern Russia is run entirely by spies. It’s class rule by the “siloviki,” it’s Putin’s “managed democracy.” That’s the end game for civil society when elections mean little or nothing, and intelligence services own the media, and also the oil. And that’s groovy, sure, it’s working out for them.

When you’re a professional spy hierarch, there are few things more annoying than these conscience-stricken Winston Smith characters, moodily scribbling in their notebooks, all about how there might be hope found in the proles somehow. They’re a drag.

[…]

Citizens and rights have nothing to do with elite, covert technologies! The targets of surveillance are oblivious dorks, they’re not even newbies! Even US Senators are decorative objects for the NSA. An American Senator knows as much about PRISM and XKeyScore as a troll-doll on the dashboard knows about internal combustion.

Get used to seeing the term “parallel construction”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 00:01

From Zero Hedge:

Undated documents discovered by Reuters show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial.

“I have never heard of anything like this at all,” is one law professor’s response to the fact that a secretive DEA unit is funneling wiretap, informant, and telephone database information to authorities across the nation in order to launch investigations of Americans (targeting common criminals, primarily drug dealers), “It is one thing to create special rules for national security, ordinary crime is entirely different. It sounds like they are phonying up investigations.”

Agents are instructed to use “normal investigative techniques to recreate the information provided by [the secret DEA source],” and as the documents reveal — “remember that the utilization of [data] cannot be revealed or discussed in any investigative function.”

Stunningly, after an arrest was made, agents then created a “parallel construction” to suggest the information secretly gathered was stumbled up during the course of the investigation — “It’s just like laundering money — you work it backwards to make it clean.” One recently retired federal gent noted, “It was an amazing tool; our big fear was that it wouldn’t stay secret.”

August 5, 2013

Political symbology

Filed under: Humour, Liberty, Politics, USA — Tags: , , , — Nicholas @ 10:36

L. Neil Smith in the latest Libertarian Enterprise:

Author Robert A. Heinlein once observed: “The American eagle eats carrion, never picks on anything its own size, and will soon be extinct.”

Benjamin Franklin wanted our national symbol to be the turkey. He regarded it as a noble creature and didn’t mean it as a joke. It was one of the few times the good Doctor Franklin was wrong. I knew a farm family once, who tried raising turkeys. If it rained they had to get them under cover, fast. Otherwise, they’d look up, gaping, to see where all that water falling on their heads was coming from, and drown.

By the thousands.

On second thought, maybe Ben was onto something, symbolically. That turkey behavior sounds very much like the American electorate today.

The libertarian movement seems to have chosen the porcupine as a symbol. It never starts a fight but always finishes it. Problem is, the porcupine has a brain about the size of a pinto bean, and can be accurately compared to a slow-moving pointy rock. At that, I suppose it’s a lot better than the Hollow French Woman in New York Harbor that the porcupine-bright National Libertarian Party has adopted as its logo.

Personally, I’ve always rather liked the skunk as a national or party symbol. They have a negative reputation they don’t deserve at all. Skunks are highly resourceful organisms, and very, very smart. And they carry the ultimate means of self-defense, something that even wolves and mountain lions respect and give the widest possible berth to. My favorite mental picture is the little guy standing on his front paws, his back legs and tail high in the air, letting the enemy have it.

August 4, 2013

New tools for the surveillance state

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 11:01

James Miller on token attempts to roll back the security state by local governments and other groups:

New surveillance technology lowers the barrier of effort needed to soak the productive class of the surplus fruits of its labor. From monitoring backyards to ensure taxes are being paid on swimming pools to spying on farmers who violate agricultural regulations, states across the globe are already using new spy tools to extort more loot from the greater public.

All the while, the political class gives an assurance that the technological innovation will not be abused. Newspaper editors parrot the message and paint any critic as a tinfoil hat loon who thinks Big Brother sleeps under their bed. And then there are the television intellectuals who take great joy in making flippant remarks about conspiracy theorists. Each of these personalities pictures him or herself as sitting a few ladder rungs above the horde of bumbling mass-men.

One has to be either lying or painfully ignorant to believe government will not abuse surveillance drones. State officials have rarely failed to use their capacity to terrify the populace. Just recently, journalist Glenn Greenwald and the Guardian revealed that the National Security Agency sweeps up the internet activity of all U.S. residents absent any warrants. Prior to the leak, those politicians in charge of overseeing the government’s oversight activities claimed the snooping was done in the public good and not as widespread as suspected. The new details of the program contradict the assurance, as the NSA’s spy activity is more intrusive – and prone to abuse – than originally thought.

A sterling record of misconduct is still not enough to convince enlightened thinkers and academics of the state’s propensity to terrorize. There are still a handful of civil liberty organizations calling attention to the dangers of the widespread use of surveillance drones and data gathering. But their beef is focused more on the right to privacy rather than a usurpation of basic property rights.

August 3, 2013

Wendy McElroy on the “invasive weed” threatening public schooling

Filed under: Bureaucracy, Education, Government, Liberty — Tags: , — Nicholas @ 00:01

Her most recent article in The Freeman talks about homeschooling in the United States:

To government, homeschooling resembles a weed that spreads and resists control. To homeschooling parents, it is the flowering of knowledge and values within children who have been abandoned or betrayed by public schools. A great tension exists between the two perspectives. Homeschooling’s continued growth has only heightened it.

The federal government has reacted by attempting to increase its control over homeschooling, for example, by pushing for increased regulation of homeschool curricula. But the federal government is hindered by certain factors. For one thing, education is generally the prerogative of individual states. Nevertheless, the federal government can often impose its will by threatening to withhold federal funds from states that do not comply with its measures.

But homeschooling parents cannot be threatened by a withdrawal of money they don’t receive. As it is, they are paying double. They pay taxes to support public schools from which they draw no benefit and they pay again in homeschooling money and in terms of lost opportunities such as the full-time employment of both parents. The “profit” they receive is a solid education for their children. What they want from the government is to be left alone.

The federal government is also hindered by not being able to play the “it’s for the children” card that justifies so many intrusive policies. Homeschooled children routinely display better development than public school students.

A 2012 article in Education News called the “consistently high placement of homeschooled kids on standardized assessment exams … one of the most celebrated benefits of homeschooling.” Education News compared the quality of homeschooling to that of public schooling. “Those who are independently educated typically score between the 65th and 89th percentile on such exams, while those attending traditional schools average on the 50th percentile. Furthermore, the achievement gaps, long plaguing school systems … aren’t present in the homeschooling environment. There’s no difference in achievement between sexes, income levels, or race/ethnicity.” Studies also indicate that homeschooled children are better socialized with both peers and adults.

August 1, 2013

BBC News Magazine features Radley Balko’s Rise of the Warrior Cop

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 11:10

Non-embeddable video, so you’ll have to click here to see it.

Police officers in the US today are increasingly not only armed but heavily armoured.

The author and investigative reporter Radley Balko traces this shift in his book Rise of the Warrior Cop: The Militarization of America’s Police Forces.

Balko explains that race riots in the ’60s and America’s war on drugs in the subsequent decades led police departments to adopt weapons, uniforms and tactics inspired by military special forces. He writes that fears of terrorism after 9/11 accelerated the trend — even in unlikely targets such as rural Idaho.

And he argues that the military appearance of officers today makes it much harder for them to connect with civilians in communities they are policing.

Produced by the BBC’s Ashley Semler and Bill McKenna

July 31, 2013

Even police chiefs can get racially profiled

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 12:17

An absolutely fascinating story in the New York Daily News. (It’s from several years back, but brought to my attention today by Radley Balko):

At least one cop has been disciplined for ordering the NYPD’s highest-ranking uniformed black officer out of his auto while the three-star chief was off-duty and parked in Queens, the Daily News has learned.

“How you can not know or recognize a chief in a department SUV with ID around his neck, I don’t know,” a police source said.

Chief Douglas Zeigler, 60, head of the Community Affairs Bureau, was in his NYPD-issued vehicle near a fire hydrant when two plainclothes cops approached on May 2, sources said.

One officer walked up on each side of the SUV at 57th Ave. and Xenia St. in Corona about 7 p.m. and told the driver to roll down the heavily tinted windows, sources said.

What happened next is in dispute.

The congressional defenders of privacy

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:12

Jacob Sullum in Reason:

“This is not a game,” Mike Rogers angrily warned last week, urging his colleagues in the House to vote against an amendment that would have banned the mass collection of telephone records by the National Security Agency (NSA). “This is real. It will have real consequences.”

I hope Rogers is right. Despite the Michigan Republican’s best efforts to portray the amendment as a terrifying threat to national security, it failed by a surprisingly narrow margin that could signal the emergence of a bipartisan coalition willing to defend civil liberties against the compromises supported by leaders of both parties.

Rogers was not surprised by the recent revelation that the NSA routinely collects information about every phone call Americans make, just in case it may prove useful in the future. As chairman of the House Intelligence Committee, he knew about the program for years, and he had no problem with it.

Not so two other Michigan congressmen: Justin Amash, a 33-year-old libertarian Republican serving his second term, and John Conyers, an 84-year-old progressive Democrat first elected in 1965. These two legislators, conventionally viewed as occupying opposite ends of the political spectrum, were outraged by the NSA’s data dragnet, especially since representatives of the Bush and Obama administrations had repeatedly denied that any such program existed.

The measure that Amash and Conyers proposed as an amendment to a military spending bill would have required that records demanded under Section 215 of the PATRIOT Act, which authorizes secret court orders seeking “any tangible things” deemed “relevant” to a terrorism investigation, be connected to particular targets. Although it was a pretty mild reform, leaving in place the wide powers granted by Section 215 while repudiating the Obama administration’s even broader, heretofore secret interpretation of that provision, the amendment was viewed as a quixotic effort.

July 30, 2013

The return of “lawful access”

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 07:56

Michael Geist on the Canadian implications of some information that was published in a Buzzfeed article about a Utah ISP and the NSA’s installation of a “little black box” in their network:

The article describes how a Foreign Intelligence Service Act (FISA) warrant allowed the NSA to monitor the activities of an ISP subscriber by inserting surveillance equipment directly within the ISP’s network. The experience in Utah appears to have been replicated in many other Internet and technology companies, who face secret court orders to install equipment on their systems.

The U.S. experience should raise some alarm bells in Canada, since the now defeated lawful access bill envisioned similar legal powers. Section 14(4) of the bill provided:

    The Minister may provide the telecommunications service provider with any equipment or other thing that the Minister considers the service provider needs to comply with an order made under this section.

That provision would have given the government the power to decide what specific surveillance equipment must be installed on private ISP and telecom networks by allowing it to simply take over the ISP or telecom network and install its own equipment. This is no small thing: it literally means that law enforcement (including CSIS) would have had the power to ultimately determine not only surveillance capabilities but the surveillance equipment itself.

While Bill C-30 is now dead, the government may be ready resurrect elements of it. Earlier this month, a cyber-bullying report included recommendations that are lifted straight from the lawful access package.

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