Quotulatiousness

August 22, 2013

Exercises in “guerrilla ontology”

Filed under: Books, Humour, Liberty, Media — Tags: , — Nicholas @ 14:31

An excerpt from Jesse Walker’s new book The United States of Paranoia: A Conspiracy Theory has been posted at disinformation:

[Robert Anton] Wilson laid out the basic instructions for Operation Mindfuck in a memo sent to several friends (including [Paul] Krassner). Participants were “to circulate all rumors contributed by other members,” and they were “to attribute all national calamities, assassinations or conspiracies to the other member-groups.” The one great risk, he cautioned, was that “the Establishment might be paranoid enough to believe some wild legend started by one of us and thereupon round up all of us for killing Abraham Lincoln.”

So they sent a letter on Bavarian Illuminati stationery to the Christian Anti-Communist Crusade, just to confirm that “we’ve taken over the Rock Music business. But you’re still so naïve. We took over the business in the 1800s. Beethoven was our first convert.” Robert Welch of the John Birch Society got a letter informing him that Gary Allen was an Illuminati agent. When a New Orleans jury refused to convict one of the men Jim Garrison blamed for the JFK killing, Garrison’s booster Art Kunkin of the leftist Los Angeles Free Press received a missive from the “Order of the Phoenix Angel” revealing that the jurors were all members of the Illuminati. The telltale sign, the letter explained, was that none of them had a left nipple.

The Discordians planted stories about the secret society in various leftist, libertarian, and hippie publications, introducing the Illuminati to the counterculture. “We accused everybody of being in the Illuminati,” Wilson recalled. “Nixon, Johnson, William Buckley, Jr., ourselves, Martian invaders, all the conspiracy buffs, everybody.” But they

    did not regard this as a hoax or prank in the ordinary sense. We still considered it guerrilla ontology.

    My personal attitude was that if the New Left wanted to live in the particular tunnel-reality of the hard-core paranoid, they had an absolute right to that neurological choice. I saw Discordianism as the Cosmic Giggle Factor, introducing so many alternative paranoias that everybody could pick a favorite, if they were inclined that way. I also hoped that some less gullible souls, overwhelmed by this embarrassment of riches, might see through the whole paranoia game and decide to mutate to a wider, funnier, more hopeful reality-map.

August 21, 2013

Dispatches from the front – “the American police officer works a battlefield every day he patrols his sector”

Filed under: Books, Law, Liberty, USA — Tags: , , , , — Nicholas @ 14:47

Radley Balko on some of the interesting and revealing responses to his book Rise of the Warrior Cop:

Over the last several days, the popular online police magazine PoliceOne site has been rolling out a series of opinion pieces in response to my book. As you might expect, most of them are critical, although a couple have been thoughtful.

One essay by Sgt. Glenn French was particularly disturbing. French serves as commander of a SWAT team in Sterling Heights, Michigan. French doesn’t criticize me for arguing that too many police officers have adopted this battlefield mindset. Rather, he embraces the combat mentality, and encourages other cops to do the same. Referring to an article I wrote here at HuffPost, French writes:

    “What would it take to dial back such excessive police measures?” the author wrote. “The obvious place to start would be ending the federal grants that encourage police forces to acquire gear that is more appropriate for the battlefield. Beyond that, it is crucial to change the culture of militarization in American law enforcement.”

    We trainers have spent the past decade trying to ingrain in our students the concept that the American police officer works a battlefield every day he patrols his sector.

Note the choice of words. Not neighborhood, but “sector.” Although I suppose such parsing isn’t even necessary when French just comes right out and declares America a battlefield. Note too that French isn’t even referring to SWAT teams, here. He’s suggesting that all cops be taught to view the streets and neighborhoods they patrol in this way.

French then tosses out some dubious statistics.

    The fact is, more American police officers have died fighting crime in the United States over the past 12 years than American soldiers were killed in action at war in Afghanistan. According to ODMP.org, 1,831 cops have been killed in the line of duty since 2001. According to iCasualties.org, the number of our military personnel killed in action in Afghanistan is 1,789.

    Cops on the beat are facing the same dangers on the streets as our brave soldiers do in war.

Even accepting French’s preposterous premise here, his numbers are wrong. The U.S. has lost 2,264 troops in Afghanistan, about 22 percent more than French claims. Moreover, more than half police officer deaths since 2001 were due to accidents (mostly car accidents), not felonious homicide. Additionally, depending on how you define the term, there are between 600,000 and 800,000 law enforcement officers working in the United States. We have about 65,000 troops in Afghanistan. So comparing overall fatalities is absurd. The rates of cops killed versus soldiers killed aren’t even close. And that’s not factoring in the soldiers who’ve come home without limbs. The dangers faced by cops and soldiers in Afghanistan aren’t remotely comparable.

The Guardian gets a taste of the medicine it prescribed for the tabloids

Filed under: Britain, Government, Liberty, Media — Tags: , , , , — Nicholas @ 08:25

In sp!ked, Brendan O’Neill talks about the amazing double standards of Britain’s “chattering classes”:

If there was a Nobel Prize for Double Standards, Britain’s chattering classes would win it every year. This year, following their expressions of spittle-flecked outrage over the detention of Glenn Greenwald’s partner David Miranda by anti-terrorism police at Heathrow airport, they’d have to be given a special Lifetime Achievement Award for Double Standards.

For the newspaper editors, politicians and concerned tweeters now getting het up about the state’s interference in journalistic activity, about what they call the state’s ‘war on journalism’, are the very same people – the very same – who over the past two years cheered the state harassment of tabloid journalists; watched approvingly as tabloid journalists were arrested; turned a blind eye when tabloid journalists’ effects were rifled through by the police; said nothing about the placing of tabloid journalists on limbo-like, profession-destroying bail for months on end; said ‘Well, what do you expect?’ when material garnered by tabloid journalists through illegal methods was confiscated; applauded when tabloid journalists were imprisoned for the apparently terrible crime of listening in on the conversations of our hereditary rulers.

For these cheerleaders of the state’s two-year war on redtop journalism now to gnash their teeth over the state’s poking of its nose into the affairs of the Guardian is extraordinary. It suggests that what they lack in moral consistency they more than make up for with brass neck.

Everything that is now being done to the Guardian has already been done to the tabloid press, a hundred times over, and often at the behest of the Guardian. For all the initial depictions of Mr Miranda as ‘just Glenn Greenwald’s partner’, in fact he was ferrying encrypted information from the NSA leaker Edward Snowden on flights paid for by the Guardian. That is, he was detained and questioned over journalistic material acquired through illegal means. That’s already happened to the tabloids. Over the past two years of post-phone hacking, post-News of the World harassment of tabloid hacks by the state, 104 people have been arrested, questioned, usually put on unjustly elongated bail, and sometimes imprisoned. These include many journalists but also office secretaries and other non-journalist types, like Mr Miranda, who stand accused of handling illegally acquired material. The 104’s crimes include ‘disclosure of confidential information’ – not that dissimilar to what Greenwald and Miranda have done in terms of getting hold of and publishing Snowden’s illegally leaked confidential material. Yet while the redtop writers rot in legal limbo, Mr Miranda becomes a chattering-class cause célèbre.

[…]

But, believe it or not, the double standards run even deeper than that. For today’s outraged defenders of Greenwald, Miranda and the Guardian from a state war on journalism were the architects of the state’s far larger, far more destructive war on tabloid journalism. From the Guardian itself to Labour MP Tom Watson to various influential members of the Twitterati, many of those now shocked to find officials harassing journalists for doing allegedly dodgy things were at the forefront of demanding that officialdom harass redtop hacks for doing dodgy things. If you unleash and cheer a war on journalism by the state, you really cannot be surprised when the warmongers eventually put you and your journalism in the crosshairs, too.

August 20, 2013

The odd pre-history of the Statue of Liberty

Filed under: Europe, France, History, Liberty, USA — Tags: , , — Nicholas @ 10:52

B.K. Marcus on what schoolchildren don’t learn about the famous New York city landmark:

Frédéric Auguste Bartholdi wanted wealth and world renown for building a celebrated colossus, and he was willing to shop the idea around — even to the era’s most illiberal customers.

His first pitch for a giant, torch-bearing statue was to the Ottoman viceroy of Egypt, which was, at the time, the single greatest commercial conduit for the international slave trade.

The statue that now stands in New York Harbor is officially called “Liberty Enlightening the World” (La Liberté éclairant le monde). The statue in Egypt was to be called “Egypt Enlightening the World” or, more awkwardly, “Progress Carrying the Light to Asia.”

Failing to close the deal in Egypt, Bartholdi repackaged it for America.

When this bit of backstory reached the American public, Bartholdi denied that one project had anything to do with the other, but the similarity in designs is unmistakable.

Egypt was a vassal state of an authoritarian empire and the gateway for the colossal African slave trade into Asia — whereas the fundraising for the Statue of Liberty proposed a monument not merely to liberty but to the recent abolition of American slavery. (Picture the broken chains at the Statue of Liberty’s feet.)

The original statue was to be an Egyptian woman — a fellah, or native peasant — draped in a burqa, one outstretched arm holding a torch to guide the ships on the great waterway over which she would stand.

Bartholdi had wanted to place his piece at the northern entrance to the Suez Canal in Port Said because the canal represented French greatness in general and engineering greatness more specifically. His statue was to be a synthesis of French art and French engineering, as well as a political symbol of the progress that France offered the East.

The canal was indeed a great engineering accomplishment and a giant step forward for world trade and greater wealth and comfort for everyone — including the toiling masses. But it was built on the back of slave labor, a 10-year corvée that forced Egyptian peasants to do the digging. Thousands died.

“You’ve had your debate. There’s no need to write any more.”

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 10:29

Things are getting surreal at the Guardian:

A little over two months ago I was contacted by a very senior government official claiming to represent the views of the prime minister. There followed two meetings in which he demanded the return or destruction of all the material we were working on. The tone was steely, if cordial, but there was an implicit threat that others within government and Whitehall favoured a far more draconian approach.

The mood toughened just over a month ago, when I received a phone call from the centre of government telling me: “You’ve had your fun. Now we want the stuff back.” There followed further meetings with shadowy Whitehall figures. The demand was the same: hand the Snowden material back or destroy it. I explained that we could not research and report on this subject if we complied with this request. The man from Whitehall looked mystified. “You’ve had your debate. There’s no need to write any more.”

During one of these meetings I asked directly whether the government would move to close down the Guardian‘s reporting through a legal route — by going to court to force the surrender of the material on which we were working. The official confirmed that, in the absence of handover or destruction, this was indeed the government’s intention. Prior restraint, near impossible in the US, was now explicitly and imminently on the table in the UK. But my experience over WikiLeaks — the thumb drive and the first amendment — had already prepared me for this moment. I explained to the man from Whitehall about the nature of international collaborations and the way in which, these days, media organisations could take advantage of the most permissive legal environments. Bluntly, we did not have to do our reporting from London. Already most of the NSA stories were being reported and edited out of New York. And had it occurred to him that Greenwald lived in Brazil?

The man was unmoved. And so one of the more bizarre moments in the Guardian‘s long history occurred — with two GCHQ security experts overseeing the destruction of hard drives in the Guardian‘s basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. “We can call off the black helicopters,” joked one as we swept up the remains of a MacBook Pro.

Update: Charlie Beckett at the LSE’s Polis blog:

The narrative of increasing totalitarian persecution has a few flaws. Firstly, I think it was entirely reasonable for security forces to question someone linked to security breaches. I just think that doing it under terror laws was wrong, especially as Miranda is part of a journalism team.

I am still a little unsure of the Greenwald/Guardian narrative. I am puzzled by why the team chose to fly Miranda through London at all. I am also unclear as to why the Guardian let security officials smash up their hard-drives without making them go down a legal path.* [Someone with more profound doubts about the Guardian and Greenwald is former Tory MP Louise Mensch — good piece by her here]

But those are details. Overall, it’s clear that US and UK officials, long-tortured by WikiLeaks and Julian Assange, are now losing patience with whistle-blowers and their accomplices in the news media. Whatever the absolute truth of the NSA/PRISM revelations it is clear that the security service are pushing the boundaries on what they can do with new technologies to increase their information and surveillance. They are also seeking to reduce scrutiny by journalists, as they told Rusbridger:

    “You’ve had your debate. There’s no need to write any more.”

That in itself may be worrying but it’s hardly surprising. That is what they are there for. We would all be very cross if there was an act of terror missed because of inadequate data collection by spooks or if a press leak endangered our safety. But it’s also journalism’s job to hold these people to account and let the public know the scope of what they are up to. That’s what worries me about the Miranda incident.

Everything Is A Remix

Filed under: Business, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 10:09

Remixing is a folk art but the techniques are the same ones used at any level of creation: copy, transform, and combine. You could even say that everything is a remix.

H/T to American Digest for the link.

August 18, 2013

Rounding up the “government is spying on everyone” news

Filed under: Government, Liberty, Technology — Tags: , , , , — Nicholas @ 10:48

A linkapalooza of information at Zero Hedge:

That’s just the first few items of a long list. Read the whole thing.

The real problem facing the NSA and other intelligence organizations

Filed under: Bureaucracy, Government, Liberty — Tags: , , , , , — Nicholas @ 10:24

Charles Stross points out that there’s been a vast change in the working world that the NSA and other acronyms didn’t see coming and haven’t prepared themselves to face:

The big government/civil service agencies are old. They’re products of the 20th century, and they are used to running their human resources and internal security processes as if they’re still living in the days of the “job for life” culture; potential spooks-to-be were tapped early (often while at school or university), vetted, then given a safe sinecure along with regular monitoring to ensure they stayed on the straight-and-narrow all the way to the gold watch and pension. Because that’s how we all used to work, at least if we were civil servants or white collar paper pushers back in the 1950s.

[…]

Here’s the problem: they’re now running into outside contractors who grew up in Generation X or Generation Y.

Let’s leave aside the prognostications of sociologists about over-broad cultural traits of an entire generation. The key facts are: Generation X’s parents expected a job for life, but with few exceptions Gen Xers never had that — they’re used to nomadic employment, hire-and-fire, right-to-work laws, the whole nine yards of organized-labour deracination. Gen Y’s parents are Gen X. Gen Y has never thought of jobs as permanent things. Gen Y will stare at you blankly if you talk about loyalty to their employer; the old feudal arrangement (“we’ll give you a job for life and look after you as long as you look out for the Organization”) is something their grandparents maybe ranted about, but it’s about as real as the divine right of kings. Employers are alien hive-mind colony intelligences who will fuck you over for the bottom line on the quarterly balance sheet. They’ll give you a laptop and tell you to hot-desk or work at home so that they can save money on office floorspace and furniture. They’ll dangle the offer of a permanent job over your head but keep you on a zero-hours contract for as long as is convenient. This is the world they grew up in: this is the world that defines their expectations.

To Gen X, a job for life with the NSA was a probably-impossible dream — it’s what their parents told them to expect, but few of their number achieved. To Gen Y the idea of a job for life is ludicrous and/or impossible.

This means the NSA and their fellow swimmers in the acronym soup of the intelligence-industrial complex are increasingly reliant on nomadic contractor employees, and increasingly subject to staff churn. There is an emerging need to security-clear vast numbers of temporary/transient workers … and workers with no intrinsic sense of loyalty to the organization. For the time being, security clearance is carried out by other contractor organizations that specialize in human resource management, but even they are subject to the same problem: Quis custodiet ipsos custodes?

Down with the “nudgers”

Filed under: Food, Government, Health, Liberty — Tags: , — Nicholas @ 10:13

In Reason, Baylen Linnekin discusses the so-called libertarian paternalists:

Even if I were to concede that point, there are plenty of programs that might be called soft or libertarian paternalism and that yield negative outcomes.

For example, federal farm subsidies quietly influence the choices made by farmers and consumers and lead many in both groups to believe they’re better off — a key precept of libertarian paternalism.

Subsidies influence farmers to produce some foods (like corn, soy, dairy, and sugar) to the exclusion of other foods (like arugula, bok choy, and yams). It’s no surprise that the former foods are the ones most farmers grow, and that they’re much more frequent choices among eaters.

The noodgy allure of farm subsidies is that farmers get money and certainty, while consumers get abundant and cheaper food at the grocery.

Another example of libertarian paternalism around food is menu labeling. Its proponents refer to laws mandating calorie counts on fast food and other restaurant menus as a gentle nudge that requires businesses to provide us with information the government thinks we need but still allows us to make our own choices. The hope by government is that we’ll choose items with fewer calories and be better off for exercising that choice. But studies have shown mandatory restaurant menu labeling does not work in practice. Worse, a recent study showed mandated menu labeling can actually cause consumers to choose foods with more calories.

So both farm subsidies and mandatory menu labeling present firm empirical evidence that libertarian paternalism doesn’t work, right?

You might think so. But Sunstein’s Nudge writing partner, Richard Thaler, would likely argue that these failures simply call for more testing on the part of government.

“No one knows the answers to every problem, and not every idea works, so it is vital to test,” Thaler said earlier this month.

Of course. Who else but a cadre of bureaucrats who’ve never met you could possibly through trial and error determine what’s best for you to eat?

August 16, 2013

The one executive power that Obama doesn’t want to exercise – clemency

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:21

Jacob Sullum on the remarkable lack of use of one executive power the US constitution clearly does grant to the president:

[U.S. attorney general Eric] Holder called upon Congress to reform mandatory minimum sentences and outlined steps the Justice Department will take in the meantime to avoid imposing “draconian” penalties on nonviolent, low-level drug offenders. He said his boss, President Barack Obama, shares his concern about mass incarceration and harsh sentences. But Holder neglected to mention that Obama has the power to free people who do not belong in prison — a power he has exercised just once during almost five years in office.

Article 2, Section 2 of the U.S. Constitution gives the president the unilateral, unreviewable authority to “grant reprieves and pardons for offenses against the United States.” So far Obama, who has not otherwise been shy about pushing executive power to the limit (and beyond), has granted 39 pardons, clearing the records of people who completed their sentences years ago, and one commutation, shortening the sentence of Eugenia Jennings, an Illinois woman who was convicted in 2001 of selling 13.9 grams of crack to a police informant. Obama cut her prison term from 22 years to 10, and she was released in December 2011.

That is an amazingly stingy clemency record for a supposedly enlightened and progressive man who before he was elected repeatedly described our justice system as excessively punitive. While running for president in 2008, Obama promised to “review drug sentences to see where we can be smarter on crime and reduce the blind and counterproductive sentencing of nonviolent offenders.” Yet he has granted commutations at a rate that makes Richard Nixon, who declared war on drugs and campaigned as a law-and-order candidate, look like a softie. Nixon granted 60 commutations, 7 percent of the 892 applications he received, during his 67 months in office, while Obama has granted one out of 8,126, or 0.01 percent, over 55 months.

In fact, according to numbers compiled by P.S. Ruckman Jr., a professor of political science at Rock Valley College in Rockford, Illinois, only three of Obama’s predecessors made less use of the clemency power (taking into account pardons as well as commutations) during their first terms: George Washington, who probably did not have many petitions to address during the first few years of the nation’s existence; William Henry Harrison, who died of pneumonia a month after taking office; and James Garfield, who was shot four months into his presidency and died that September.

August 13, 2013

Master Sergeant Anonymous

Filed under: Liberty, Military, USA — Tags: , , , — Nicholas @ 10:10

Justine Sharrock talks to someone who claims that there are many members of Anonymous in the ranks of the US military:

Are there a lot of members of Anonymous in the Army?
There are more than you would think, more heavily in the techie world [of the military] — especially at Fort Huachuca, where all the intel people are. A lot of them wanted to get the job [there] because they want to learn secret stuff and have a better personal understanding of how the world actually works.

How do you know who is in Anonymous?
Initially we have the handshaking phase. The lingo is still relatively unknown. In conversation, you drop in jokes. If you are with someone on a mission, you’re like, “Man, there are over 9,000 reasons that this is a bad idea.” That initially establishes friendship. Once you feel comfortable with the person and they aren’t just posing as part of the culture, then you talk about what they’ve done and how much a part of it they are. It gets to the point where you are discussing individual operations.

What are the most popular operations amongst soldiers?
Anonymous is so distributed and leaderless that everyone has operations they love and hate. Operation Cartel, especially at Fort Bliss. Operation Dark Net was universally loved. And Operation Payback was pretty well received.

[…]

Does the military know about the Anonymous presence?
Pre-Manning, there were several academic papers put out trying to analyze it and school the leadership. Because the Army is a very top-down organization, they assume that [Anonymous] is too. Leadership wasn’t concerned with it until Manning happened. Then they read everything under the [lens] of what Manning did and it just scared them — scared them blind. They know we are in there and they assume that we are all going to do a Manning or a Snowden.

How have they addressed it?
Every six months you are mandated to get a Threat Awareness and Reporting Procedures Brief. It used to be very much like how to … spot the Iraqi contractor who is pacing off your base. Now it is, “Look at the person at your left and right. Are they espousing social beliefs that don’t line up with Army values? What websites do they go to at work?” With the caveat that it is OK to have political beliefs that are different. You get a heavy-handed feeling.

I have had more than a few officers come up to me and as we are trying to talk about [Anonymous] they are worried, like, “Are you CID [working undercover for the Central Investigative Division]?” Because you always worry about that.

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.

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