Quotulatiousness

October 1, 2013

PRSM – the not-at-all-a-joke NSA sharing network

Filed under: Government, Technology, USA — Tags: , , , , — Nicholas @ 12:59

Techdirt‘s Mike Masnick on the no-we’re-actually-serious “joke” PRSM network:

Soon after the very earliest reporting on Ed Snowden’s leaked documents about PRISM, the folks from Datacoup put together the very amusing GETPRSM website, which looks very much like the announcement of a new social network, but (the joke is) it’s really the NSA scooping up all our data and making the connections. It’s pretty funny. Except, of course, when you find out that it’s real. And, yes, that seems to be the latest revelation out of Ed Snowden’s leaks. The NY Times has an article by James Risen and Laura Poitras (what a combo reporting team there!) detailing how the NSA has basically built its own “shadow” social network in which it tries to create a “social graph” of pretty much everyone that everyone knows, foreign or American, and it all happens (of course) without a warrant. And, note, this is relatively new:

    The agency was authorized to conduct “large-scale graph analysis on very large sets of communications metadata without having to check foreignness” of every e-mail address, phone number or other identifier, the document said. Because of concerns about infringing on the privacy of American citizens, the computer analysis of such data had previously been permitted only for foreigners.

    The agency can augment the communications data with material from public, commercial and other sources, including bank codes, insurance information, Facebook profiles, passenger manifests, voter registration rolls and GPS location information, as well as property records and unspecified tax data, according to the documents. They do not indicate any restrictions on the use of such “enrichment” data, and several former senior Obama administration officials said the agency drew on it for both Americans and foreigners.

There were apparently two policy changes that allowed this to happen, and both occurred in the past three years. First, in November of 2010, the NSA was allowed to start looking at phone call and email logs of Americans to try to help figure out associations for “foreign intelligence purposes.” Note that phrase. We’ll come back to it. For years, the NSA had been barred from viewing any content on US persons, and the NSA, President Obama and others have continued to insist to this day that there are minimization procedures that prevent spying on Americans. Except, this latest revelation shows that, yet again, this isn’t actually true.

September 10, 2013

Generational change is the Achilles heel of government secrecy

Filed under: Bureaucracy, Government, USA — Tags: , , , , , — Nicholas @ 10:23

Bruce Schneier explains why we should expect more whistleblowers in coming years:

Big-government secrets require a lot of secret-keepers. As of October 2012, almost 5m people in the US have security clearances, with 1.4m at the top-secret level or higher, according to the Office of the Director of National Intelligence.

Most of these people do not have access to as much information as Edward Snowden, the former National Security Agency contractor turned leaker, or even Chelsea Manning, the former US army soldier previously known as Bradley who was convicted for giving material to WikiLeaks. But a lot of them do — and that may prove the Achilles heel of government. Keeping secrets is an act of loyalty as much as anything else, and that sort of loyalty is becoming harder to find in the younger generations. If the NSA and other intelligence bodies are going to survive in their present form, they are going to have to figure out how to reduce the number of secrets.

As the writer Charles Stross has explained, the old way of keeping intelligence secrets was to make it part of a life-long culture. The intelligence world would recruit people early in their careers and give them jobs for life. It was a private club, one filled with code words and secret knowledge.

[…]

Whistleblowing is the civil disobedience of the information age. It is a way that someone without power can make a difference. And in the information age — the fact that everything is stored on computers and potentially accessible with a few keystrokes and mouse clicks — whistleblowing is easier than ever.

Mr Snowden is 30 years old; Manning 25. They are members of the generation we taught not to expect anything long-term from their employers. As such, employers should not expect anything long-term from them. It is still hard to be a whistleblower, but for this generation it is a whole lot easier.

August 21, 2013

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

“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.

August 9, 2013

Locking the (electronic) barn door

Filed under: Law, Media, Technology — Tags: , , , — Nicholas @ 08:03

The encrypted email service that was reportedly used by Edward Snowden just announced that it will be shutting down:

Today, Lavabit announced that it would shut down its encrypted email service rather than “become complicit in crimes against the American people.” Lavabit did not say what it had been asked to do, only that it was legally prohibited from sharing the events leading to its decision.

Lavabit was an email provider, apparently used by Edward Snowden along with other privacy sensitive users, with an avowed mission to offer an “e-mail service that never sacrifices privacy for profits” and promised to “only release private information if legally compelled by the courts in accordance with the United States Constitution.” It backed up this claim by encrypting all emails on Lavabit servers such that Lavabit did not have the ability to access a user’s email (Lavabit’s white paper), at least without that user’s passphrase, which the email provider did not store.

Given the impressive powers of the government to obtain emails and records from service providers, both with and without legal authority, it is encouraging to see service providers take steps to limit their ability to access user data, as Lavabit had done.

[…]

Lavabit’s post indicates that there was a gag order, and that there is an ongoing appeal before the Fourth Circuit. We call on the government and the courts to unseal enough of the docket to allow, at a minimum, the public to know the legal authority asserted, both for the gag and the substance, and give Lavabit the breathing room to participate in the vibrant and critical public debates on the extent of email privacy in an age of warrantless bulk surveillance by the NSA.

August 6, 2013

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.

August 3, 2013

Obama may avoid meeting Putin at the G20 summit

Filed under: Government, Russia, USA — Tags: , , , , — Nicholas @ 09:35

An interesting sidelight to the suddenly more acrimonious relationship between the Russian and American leaders:

Now that Edward Snowden has been granted temporary asylum in Russia and he has been allowed to leave the airport, things are starting to hot up between the US and Russia. Washington has expressed that they are ‘disappointed’ by the reaction of Moscow and there have been allusions to the fact that President Obama may even go as far as to snub President Vladimir Putin and refuse to meet with him in September 2013.

Russia agreed yesterday to grant Edward Snowden asylum but as a consequence this has put a strain on the relations between Russia and the USA, despite the fact that Putin said that he wanted in no way to jeopardize the relations with the US. Although, sometimes, unbelievably in politics what a politician states is neither firstly necessarily what he thinks nor secondly necessarily what he does; or neither at the same time in the majority of the cases.

But, certainly Putin is probably thinking of himself rather than Obama at the present time. Sheltering Snowden means that he will be able to publically slap Obama in the face and send a strong message of propaganda to his own citizens, telling them that he is not the only one in the world not to respect human rights. If the US does it, then anyone can do it. Secondly, there are 90% of Russians that believe that Snowden’s actions are positive, rekindling the great East-West divide of old, or at least keeping that ideological fire burning bright. There is also the added bonus of it being now possible for Putin to rally up some support in the wake of criticism for arresting opposition leader Alexey Navalny and slapping a five-year prison sentence on him. Putin also has to wage war upon the detractors of his economic policies and face criticism of the slowing down in the Russian economy, with a 30% possibility that the country will enter a recession in 2014 (up from a 20% risk last month), according to a survey by Bloomberg. This affair will help Putin rally support, but it will also galvanize his status in world affairs. He will be empowered to declare that Russia is still a force to be reckoned with and a role to play in geopolitical affairs taking place.

In a recent poll in Russia (Levada Center) there were 43% of Russians that supported Russia’s granting of asylum to Snowden towards the end of July. Only 29% were against it.

But, Putin had very little choice, didn’t he? Snowden was almost barred from leaving the country and flying elsewhere. Either Putin took the decision to hand over Snowden to the US authorities or to provide a safe haven for him in Russia. The first solution would have destroyed his public image and made it look as if he were obsequiously obeying Uncle Sam. The second was the only one that would boost the troops at home.

Now, Washington has hinted that Obama may snub a private meeting with Putin when Obama makes his first public visit to Russia since Putin was reelected in March last year, when Moscow hosts the G20 summit. According to sources at the White House, Obama is presently weighing up the “utility” of the meeting and may even cancel going all together to the summit.

July 28, 2013

Snowden is not the story

Filed under: Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:16

In the Observer, John Naughton makes a few corrections to the way the media is reporting the saga of Edward Snowden and his revelations about the NSA’s global surveillance operations:

Repeat after me: Edward Snowden is not the story. The story is what he has revealed about the hidden wiring of our networked world. This insight seems to have escaped most of the world’s mainstream media, for reasons that escape me but would not have surprised Evelyn Waugh, whose contempt for journalists was one of his few endearing characteristics. The obvious explanations are: incorrigible ignorance; the imperative to personalise stories; or gullibility in swallowing US government spin, which brands Snowden as a spy rather than a whistleblower.

In a way, it doesn’t matter why the media lost the scent. What matters is that they did. So as a public service, let us summarise what Snowden has achieved thus far.

Without him, we would not know how the National Security Agency (NSA) had been able to access the emails, Facebook accounts and videos of citizens across the world; or how it had secretly acquired the phone records of millions of Americans; or how, through a secret court, it has been able to bend nine US internet companies to its demands for access to their users’ data.

Similarly, without Snowden, we would not be debating whether the US government should have turned surveillance into a huge, privatised business, offering data-mining contracts to private contractors such as Booz Allen Hamilton and, in the process, high-level security clearance to thousands of people who shouldn’t have it. Nor would there be — finally — a serious debate between Europe (excluding the UK, which in these matters is just an overseas franchise of the US) and the United States about where the proper balance between freedom and security lies.

These are pretty significant outcomes and they’re just the first-order consequences of Snowden’s activities. As far as most of our mass media are concerned, though, they have gone largely unremarked. Instead, we have been fed a constant stream of journalistic pap — speculation about Snowden’s travel plans, asylum requests, state of mind, physical appearance, etc. The “human interest” angle has trumped the real story, which is what the NSA revelations tell us about how our networked world actually works and the direction in which it is heading.

July 15, 2013

Edward Snowden as the modern Prisoner

Filed under: Media, USA — Tags: , , , , — Nicholas @ 08:34

Justin Raimondo responds to Melissa Harris-Perry’s open letter to Edward Snowden:

Why didn’t Edward Snowden agree to be jailed, abused, silenced, and quite possibly tortured? This is what Melissa Harris-Perry wants to know.

Harris-Perry is one of MSNBC’s minor weekend anchors, a professor currently at Tulane University who started out retailing her academic pretensions as a sometime guest on the Rachel Maddow and Chris Hayes shows: her job was to inject fancy words like “discourse” and “paradigm” into the standard lefty-“progressive” boilerplate propaganda we’ve come to expect from that venue. With a magisterial tone bordering on the parodic, and complete protection from having to defend her views against any contrary opinions, Harris-Perry soon carved out a niche for herself as a dogged defender of the Obama administration, no matter what the circumstances. So when Snowden emerged as the biggest whistleblower in American history, exposing the existence of a secret surveillance apparatus that snakes into every aspect of American life, she sprang to the Dear Leader’s defense and delivered an “open letter” to Snowden that underscores why no one needs to take her seriously

[. . .]

Listening to Harris-Perry’s tirade, I wondered whether I had stumbled on a heretofore unknown episode of The Prisoner, the cult classic 1960s television series written by and starring Patrick McGoohan, in which a former British intelligence agent who has committed some unknown treason finds himself imprisoned in a place known as The Village. McGoohan’s pioneering series presents a prescient portrait of the anesthetizing Prozac-ed out mass culture of America today: the Village, with it’s pastel houses, outfitted with every comfort, are set in a garden-like “controlled community,” where calming voices are carried on the wind and daily medication prevents coherent thought. Everyone is subject to 24-hour surveillance, and cameras are everywhere. Each episode tells the story of one unsuccessful escape attempt after another, while McGoohan – the prisoner – probes ever deeper into the true nature of the Village. We don’t know what crime he’s been imprisoned for, but the clear implication is that it’s something big, almost Snowden-like. I’m surprised no one has brought up the McGoohan connection: the story lines are parallel if not identical. Snowden seems to be fleshing out McGoohan’s scripts in the front page headlines of every newspaper.

In the series, the Village employs its agents, who are constantly trying to entrap McGoohan into confessing to his alleged crimes, and giving up some Big Secret he supposedly possesses, but he resists. Harris-Perry, in her faux concern for the issues raised by Snowden’s exposure of massive government spying on innocent Americans, is straight out of an episode of The Prisoner, in which an agent of the Village tells him to give up his secret because his “level of celebrity” will somehow protect him. Really? Not, I suspect, if Harris-Perry and her fellow Madam Defarges over at MSNBC have anything to say about it.

I agree with Harris-Perry on one point: it is valid to discuss Snowden, his politics, his personal journey from agent of the state to enemy of the state, but unlike her I don’t think this detracts at all from the actual content of the documents he has made available to Glenn Greenwald and the staff of the Guardian newspaper. Greenwald tells a very interesting back story to all this in his talk given at the “Socialism” conference, in which he relates how and under what circumstances he met Snowden, and how that meeting inspired him to think about how real change comes about.

July 11, 2013

Who will background-check the watchers?

Filed under: Bureaucracy, Government, USA — Tags: , , , — Nicholas @ 11:11

Apparently, the folks who have been doing background checks for US government agencies have special abilities, including psychic powers:

The fallout from Ed Snowden’s leaks has taken many forms, one of which is the NSA taking a long look at its contractors’ hiring processes. Snowden claims to have taken the job solely to gathering damning info. This revelation, combined with some inconsistencies in his educational history, have placed the companies who perform background and credit checks under the microscope.

What these agencies are now discovering can’t be making them happy, including the news that one contractor’s investigative work apparently involved a seance.

    Anthony J. Domico, a former contractor hired to check the backgrounds of U.S. government workers, filed a 2006 report with the results of an investigation.

    There was just one snag: A person he claimed to have interviewed had been dead for more than a decade. Domico, who had worked for contractors CACI International Inc. (CACI) and Systems Application & Technologies Inc., found himself the subject of a federal probe.

It’s not as if Domico’s case is an anomaly.

    Domico is among 20 investigators who have pleaded guilty or have been convicted of falsifying such reports since 2006. Half of them worked for companies such as Altegrity Inc., which performed a background check on national-security contractor Edward Snowden. The cases may represent a fraction of the fabrications in a government vetting process with little oversight, according to lawmakers and U.S. watchdog officials.

Who watches the watchers’ watchers? It appears as if that crucial link in the chain has been ignored. Give any number of people a job to do and, no matter how important that position is, a certain percentage will cut so many corners their cubicles will start resembling spheres.

These are the people entrusted to help ensure our nation’s harvested data remains in safe hands, or at least, less abusive ones. Those defending the NSA claim this data is well-protected and surrounded by safeguards against abuse. Those claims were always a tad hollow, but this information shows them to be complete artifice. The NSA, along with several other government agencies, cannot positively say that they have taken the proper steps vetting their personnel.

June 30, 2013

Steps towards a police state

Filed under: Government, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:38

Rick Falkvinge thinks that the United States is at the point of no return as far as civil liberties are concerned:

While this may seem a trivial observation, it is critical in this context: people tend to be focused on what affects them in the here and now. While some people can connect the dots and follow the line with their eyes into the future, the vast majority of people don’t bother with something that doesn’t affect them directly, personally, and in the present. In 1932, families were still skating in the park in Berlin on weekends. All that nasty stuff was theoretical, rumored, and somewhere else. People who look ahead and try to sound the alarm bell tend to be regarded as tinfoil hats, eccentric, and nuts.

One of the first things that happens past the point of no return into a police state is the persecution of reporters. As a society is closing down, those persecuted first are those with the audience and an interest in reporting the worrying trends that society seems to be closing. This is the proverbial canary in the coal mine. This is the alarm bell. Once that happens, get out of the mine.

An event horizon is a term from astrophysics. It is the edge of a black hole – so the event horizon appears like a black sphere, if you like. Nothing, not even light, can escape from within the event horizon – hence the term black hole. But if you were traveling through space, in direction of the black hole (which may be as large as an entire solar system), then you would notice absolutely nothing as you crossed the event horizon. You would pass a point of no return, and register not a single thing while doing so. The analogy is depressingly apt.

I’ve written before that I believe that the U.S. is lost to encroaching totalitarianism, which it will likely endure for a number of years before it collapses under its own weight (as all empires do sooner or later). With Edward Snowden being hunted relentlessly across the globe for leaking evidence of systematic abuse of power, Glenn Greenwald – who published Snowden’s leaks – was recently criticized for aiding and abetting the leak itself. This is a key choice of words, for aiding and abetting a crime is itself a crime – the wording suggested that the reporter who published evidence of abuse of power is himself a criminal.

June 28, 2013

Ecuador responds to US diplomatic pressure by abandoning trade agreement

Filed under: Americas, Politics, USA — Tags: , , , — Nicholas @ 08:17

This is either political grandstanding for foreign audiences or a shrewd attempt to gain some positive domestic points:

One of the points that many people have made concerning most countries in the world is that they’re loathe to challenge the US on many things, even when they’re in the right, because they’re so reliant on the US for trade. The US regularly lords this fact over countries in seeking to get its way. In fact, US officials had been very strongly suggesting to Ecuador that if it decides to take in Ed Snowden and grant him asylum, that there could be consequences for trade under the Andean Trade Preference Act that both countries are signed to, but which needs to be renewed next month. Specifically, US politicians suggested that they might not allow the renewal if Ecuador granted asylum.

In response, Ecuador has taken a stand: saying that it’s breaking the trade agreement upfront as it doesn’t appreciate the attempt by the US to blackmail it in this matter.

[. . .]

As the article notes, some of this is surely political. It is a bit of a populist move by the government, and many suspected that the trade agreement was unlikely to be renewed anyway by the US, so in some ways this is an attempt to get out in front of that story and pull something of a “you can’t fire me, I quit!” move. Still, it highlights, once again, the way the US bullies smaller countries, and how that can backfire.

June 25, 2013

Snowden’s character doesn’t matter – Snowden’s revelations matter a great deal

Filed under: Government, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 15:08

Gene Healy says that it doesn’t matter what you think about Edward Snowden, you should care a lot about what he’s revealed:

Here, the most disturbing aspect of the Snowden revelations is the NSA’s comprehensive, multiyear call-records database, with communication and phone-location information on millions of Americans. Especially if combined with metadata on emails, website visits and financial transactions that the agency is also amassing, that information is a potential treasure trove for political abuse — it can be used to ferret out the sort of information governments have historically used to blackmail and neutralize political opponents: who’s leaking, who’s organizing, who’s having an affair. The potential abuse of that information represents a grave threat to American liberty and privacy regardless of Snowden’s character and motivations.

In an post last week, Buzzfeed‘s Ben Smith makes the key point: “You Don’t Have to Like Edward Snowden.” Snowden, Smith argues, is “a source,” and the information sources convey is far more important than their “moral status” or the “fate of [their] eternal soul[s].”

Smith mentions Mark Felt, the FBI honcho who served as Woodward and Bernstein’s “Deep Throat” during their investigation of the Watergate burglary and cover-up. Felt, it turned out, was simply settling scores in a bureaucratic power struggle. He had no scruples against criminal violations of privacy — in 1980 he was convicted of conspiring to violate the constitutional rights of Americans through warrantless break-ins as part of the FBI’s COINTELPRO program.

It was important for Americans to know that their president was a crook. That Mark Felt was also a crook is neither here nor there. As Smith puts it, “who cares?”

June 23, 2013

Two remarkable press releases on the Snowden case

Filed under: China, Government, Law, Russia, USA — Tags: , , , , , — Nicholas @ 10:46

First, here’s the official Hong Kong government’s statement:

Mr Edward Snowden left Hong Kong today (June 23) on his own accord for a third country through a lawful and normal channel.

The US Government earlier on made a request to the HKSAR Government for the issue of a provisional warrant of arrest against Mr Snowden. Since the documents provided by the US Government did not fully comply with the legal requirements under Hong Kong law, the HKSAR Government has requested the US Government to provide additional information so that the Department of Justice could consider whether the US Government’s request can meet the relevant legal conditions. As the HKSAR Government has yet to have sufficient information to process the request for provisional warrant of arrest, there is no legal basis to restrict Mr Snowden from leaving Hong Kong.

The HKSAR Government has already informed the US Government of Mr Snowden’s departure.

Meanwhile, the HKSAR Government has formally written to the US Government requesting clarification on earlier reports about the hacking of computer systems in Hong Kong by US government agencies. The HKSAR Government will continue to follow up on the matter so as to protect the legal rights of the people of Hong Kong.

And here’s a statement from Wikileaks:

Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for a democratic nation via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks.

Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives at his final destination his request will be formally processed.

Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement:

“The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange — for making or facilitating disclosures in the public interest — is an assault against the people”.

To the vast amusement of many commentators, the reported route out of Hong Kong leads to Russia, with other stopping points including Cuba and Venezuela. It’s like a free press/civil liberties tour of the planet!

June 22, 2013

US charges against Snowden were filed on June 14th

Filed under: China, Government, Law, USA — Tags: , , , , — Nicholas @ 09:10

It apparently takes a week for the US government to publicize that it has laid charges…

Federal prosecutors filed espionage charges against alleged National Security Agency leaker Edward Snowden, officials familiar with the process said. Authorities have also begun the process of getting Snowden back to the United States to stand trial.

The charges were filed June 14 under seal in federal court in Alexandria, Va. — and only disclosed Friday.

Snowden has been charged with three violations: theft of government property and two offenses under the espionage statutes, specifically giving national defense information to someone without a security clearance and revealing classified information about “communications intelligence.”

Each of the charges carries a maximum of 10 years in prison.

Snowden, who is a former employee of defense contractor Booz Allen Hamilton, leaked details about far-reaching Internet and phone surveillance programs to The Guardian and The Washington Post earlier this month. He revealed his identity while in Hong Kong, where it is believed he is still hiding.

It’s not clear whether the extradition will be straightforward:

Andy Tsang, Hong Kong’s police commissioner, said that if an extradition request was sent from a country that had a “mutual legal assistance agreement” with Hong Kong, its government would “handle it in accordance with current Hong Kong laws and systems.”

Simon Young, a professor at Hong Kong University’s faculty of law, suggested it was unclear whether Snowden would win or lose any attempt to fight extradition.

He said theft was listed in the U.S.-Hong Kong extradition treaty. “There is an offence listed in the treaty of unlawful handling of property, but this raises the question as to whether information is property and the answer is not clear,” he said in an email.

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