Quotulatiousness

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.

Interesting – and probably inevitable – legal wrinkle for the NSA

Filed under: Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 08:58

At Outside the Beltway, Doug Mataconis links to an interesting article:

It’s only been a few weeks since we learned to true scope of the National Security Agency’s data mining of the phone records of American citizens, but already lawyers in civil and criminal cases across the country are seeing the database as a potential discovery goldmine:

    The National Security Agency has spent years demanding that companies turn over their data. Now, the spy agency finds the shoe is on the other foot. A defendant in a Florida murder trial says telephone records collected by the NSA as part of its surveillance programs hold evidence that would help prove his innocence, and his lawyer has demanded that prosecutors produce those records. On Wednesday, the federal government filed a motion saying it would refuse, citing national security. But experts say the novel legal argument could encourage other lawyers to fight for access to the newly disclosed NSA surveillance database.

    “What’s good for the goose is good for the gander, I guess,” said George Washington University privacy law expert Dan Solove. “In a way, it’s kind of ironic.”

    Defendant Terrance Brown is accused of participating in the 2010 murder of a Brinks security truck driver. Brown maintains his innocence, and claims cellphone location records would show he wasn’t at the scene of the crime. Brown’s cellphone provider — MetroPCS — couldn’t produce those records during discovery because it had deleted the data already.

    On seeing the story in the Guardian indicating that Verizon had been ordered to turn over millions of calling records to the NSA last month, Brown’s lawyer had a novel idea: Make the NSA produce the records.

[. . .]

This particular criminal case is, of course, on where the Federal Government is a party to the case as a prosecutor. As such, the Judge must weight not simply the government’s argument that the information requested is classified and thus should not be disclosed, but also the question of whether the prosecution has a duty to turn over the evidence to the Defendant. As a general rule, the prosecution must turn over any evidence that is potentially exclupatory or which tend to call some aspect of the prosecution’s theory of the case into doubt. The rules for what must be turned over vary from state to state, and the Federal Courts have their own rules, but they all generally follow the principles set down by Brady v. Maryland, which established the general rule that Defendants are entitled to be provided with exculpatory evidence that prosecution may have against them.

Of more interest, though, is the likely hood that attorneys may try to gain access to this NSA metadata in cases where the Federal Government is not involved, such as state court criminal proceedings or even civil matters such as divorces

June 21, 2013

“Nobody is listening to your calls” … because the metadata is far more useful

Filed under: Government, Liberty, Technology, USA — Tags: , , , , , — Nicholas @ 09:50

John Naughton explains why the calming statement that “nobody is listening to your calls” is far from re-assuring:

‘To be remembered after we are dead,” wrote Hazlitt, “is but poor recompense for being treated with contempt while we are living.” Cue President “George W” Obama in the matter of telephone surveillance by his National Security Agency. The fact that for the past seven years the agency has been collecting details of every telephone call placed in the United States without a warrant was, he intoned, no reason for Americans to be alarmed. “Nobody is listening to your telephone calls,” he cooed. The torch was then passed to Dianne Feinstein, chair of the Senate intelligence committee, who was likewise on bromide-dispensing duty. “This is just metadata,” she burbled, “there is no content involved.”

At which point the thought uppermost in one’s mind is: what kind of idiots do they take us for? Of course there’s no content involved, for the simple reason that content is a pain in the butt from the point of view of modern surveillance. First, you have to listen to the damned recordings, and that requires people (because even today, computers are not great at understanding everyday conversation) and time. And although Senator Feinstein let slip that the FBI already employs 10,000 people “doing intelligence on counter-terrorism”, even that Stasi-scale mob isn’t a match for the torrent of voice recordings that Verizon and co could cough up daily for the spooks.

So in this business at least, content isn’t king. It’s the metadata — the call logs showing who called whom, from which location and for how long — that you want. Why? Because that’s the stuff that is machine-readable, and therefore searchable. Imagine, for a moment, that you’re an NSA operative in Fort Meade, Maryland. You have a telephone number of someone you regard as potentially “interesting”. Type the number into a search box and up comes a list of every handset that has ever called, or been called by, it. After that, it’s a matter of seconds before you have a network graph of second-, third- or fourth-degree connections to that original number. Map those on to electronic directories to get names and addresses, obtain a secret authorisation from the Fisa court (which has 11 federal judges so that it can sit round the clock, seven days a week), then dispatch a Prism subpoena to Facebook and co and make some coffee while waiting for the results. Repeat the process with the resulting email contact lists and — bingo! — you have a mass surveillance programme as good as anything Vladimir Putin could put together. And you’ve never had to sully your hands — or your conscience — with that precious “content” that civil libertarians get so worked up about.

June 17, 2013

QotD: Demands for less US control over the internet will get much more insistent

Filed under: Quotations, Technology, USA — Tags: , , — Nicholas @ 09:40

Writing about the new Internet nationalism, I talked about the ITU meeting in Dubai last fall, and the attempt of some countries to wrest control of the Internet from the US. That movement just got a huge PR boost. Now, when countries like Russia and Iran say the US is simply too untrustworthy to manage the Internet, no one will be able to argue.

We can’t fight for Internet freedom around the world, then turn around and destroy it back home. Even if we don’t see the contradiction, the rest of the world does.

Bruce Schneier, “Blowback from the NSA Surveillance”, Schneier on Security, 2013-06-17

June 16, 2013

Emmanuel Goldstein? Isn’t that some C-list celebrity from the 70s?

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

In Maclean’s, Colin Horgan says it’s the Huxley dystopia we’ve actually fallen into, rather than the Orwellian:

Over at the New Yorker, Ian Crouch wondered this week whether we really are living in some version of George Orwell’s Nineteen Eighty-Four. It seems like a perpetual question, but it has renewed relevance now, both in light of the revelations last week from the Glenn Greenwald at the Guardian that the National Security Association is, apparently, mining internet data from users (whether guilty or not), without their knowledge or consent, and because in the subsequent days, sales of Nineteen Eighty-Four skyrocketed.

But, as Crouch asked, are we living in Nineteen Eighty-Four? Not quite. It all looks pretty bad, and the nightmare scenario Orwell depicted is, technically speaking, quite possible but, Crouch noted, “all but the most outré of political thinkers would have to grant that we are far from the crushing, violent, single-party totalitarian regime of Orwell’s imagination.” Surely, though, this is not what was envisioned – even when the Patriot Act was debated back at the turn of the century, few (if any) could have envisioned that the laws might be one day stretched quite as far as they appear to have been under the Obama administration. So, if not Nineteen Eighty-Four then when? What time is this?

[. . .]

There are two ways for a culture to die, Neil Postman wrote back in the 1980s: One is Orwellian, “where culture becomes a prison,” and the second is Huxleyan, where “culture becomes a burlesque.” To answer Crouch’s question, we are living the second reality more than the first. Big Brother does not watch us by his choice; rather, as Postman put it, we watch him by ours. “Orwell feared that the truth would be concealed from us. Huxley feared the truth would be drowned in a sea of irrelevance,” Postman wrote.

[. . .]

To paraphrase Postman, we have not been ruined by what we hate, but instead, as Huxley predicted, by what we love. We are prisoners to our own egoism and passivity, drowning in a sea of irrelevant streaming data, presented not in with any hierarchy or inherent importance, but as equal and unweighted. The Harlem Shake and Nyan Cat are just as relevant as a civil war in Syria or a democratic nation spying on its own citizens, just as being watched by millions of strangers via webcam or TV broadcast feels just the same as being watched by the government. And, as Huxley thought we might, we have convinced ourselves that is freedom.

June 15, 2013

Cory Doctorow explains why you should care about PRISM

Filed under: Britain, Government, Liberty, Technology — Tags: , , , — Nicholas @ 09:28

In the Guardian, Cory Doctorow spells out a few good reasons why you should be bothered by PRISM and other governmental data-trawling efforts:

The revelations about Prism and other forms of NSA dragnet surveillance has got some people wondering what all the fuss is. When William Hague tells us that the innocent have nothing to fear from involuntary disclosure, it raises questions about exactly what harms might come about from being spied upon. Here are some reasons you should care about privacy, disclosure and surveillance.

We’re bad at privacy because the consequences of privacy disclosures are separated by a lot of time and space from the disclosures themselves. It’s like trying to get good at cricket by swinging the bat, closing your eyes before you see where the ball is headed, and then being told, months later, somewhere else, where the ball went. So of course we’re bad at privacy: almost all our privacy disclosures do no harm, and some of them cause grotesque harm, but when this happens, it happens so far away from the disclosure that we can’t learn from it.

You should care about privacy because privacy isn’t secrecy. I know what you do in the toilet, but that doesn’t mean you don’t want to close the door when you go in the stall.

You should care about privacy because if the data says you’ve done something wrong, then the person reading the data will interpret everything else you do through that light. Naked Citizens, a short, free documentary, documents several horrifying cases of police being told by computers that someone might be up to something suspicious, and thereafter interpreting everything they learn about that suspect as evidence of wrongdoing. For example, when a computer programmer named David Mery entered a tube station wearing a jacket in warm weather, an algorithm monitoring the CCTV brought him to the attention of a human operator as someone suspicious. When Mery let a train go by without boarding, the operator decided it was alarming behaviour. The police arrested him, searched him, asked him to explain every scrap of paper in his flat. A doodle consisting of random scribbles was characterised as a map of the tube station. Though he was never convicted of a crime, Mery is still on file as a potential terrorist eight years later, and can’t get a visa to travel abroad. Once a computer ascribes suspiciousness to someone, everything else in that person’s life becomes sinister and inexplicable.

Hiding your data in plain sight

Filed under: Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 09:12

Ronald Bailey gathers up some resources you might want to investigate if you’d prefer not to have the NSA or other government agencies watching your online activities:

First, consider not putting so much stuff out there in the first place. Wuergler devised a program he calls Stalker that can siphon off nearly all of your digital information to put together an amazingly complete portrait of your life and pretty much find out where you are at all times. Use Facebook if you must, but realize you’re making it easy for the government to track and find you when they choose to do so.

A second step toward increased privacy is to use a browser like DuckDuckGo, which does not collect the sort of information — say, your IP address — that can identify you with your Internet searches. Thus, if the government bangs on their doors to find out what you’ve been up to, DuckDuckGo has nothing to hand over. I have decided to make DuckDuckGo my default for general browsing, turning to Google only for items such as breaking news and scholarly articles. (Presumably, the NSA would be able to tap into my searches on DuckDuckGo in real time.)

Third, TOR offers free software and a network of relays that can shield your location from prying eyes. TOR operates by bouncing your emails and files around the Internet through encrypted relays. Anyone intercepting your message once it exits a TOR relay cannot trace it back to your computer and your physical location. TOR is used by dissidents and journalists around the world. On the downside, in my experience it operates more slowly than, say, Google.

Fourth, there is encryption. An intriguing one-stop encryption solution is Silent Circle. Developed by Phil Zimmerman, the inventor of the Pretty Good Privacy encryption system, Silent Circle enables users to encrypt their text messages, video, and phone calls, as well as their emails. Zimmerman and his colleagues claim that they, or anyone else, cannot decrypt our messages across their network, period. As Wuergler warned, this security doesn’t come free. Silent Circle charges $10 per month for its encryption services.

However, your mobile phone is a beacon that can’t be easily masked or hidden:

Now for some bad news. Telephone metadata of the sort the NSA acquired from Verizon is hard — read: impossible — to hide. As the ACLU’s Soghoian notes, you can’t violate the laws of physics: In order to connect your mobile phone, the phone company necessarily needs to know where you are located. Of course, you can avoid being tracked through your cell phone by removing its batteries (unless you have an iPhone), but once you slot it back in, there you are.

For lots more information on how to you might be able to baffle government monitoring agencies, check out the Electronic Frontier Foundation’s Surveillance Self-Defense Web pages.

June 14, 2013

Reason.tv – Tap It: The NSA Slow Jam

Filed under: Government, Humour, Liberty, Technology, USA — Tags: , , , , — Nicholas @ 11:07

June 11, 2013

New privacy options on Facebook

Filed under: Humour, Liberty, Media — Tags: , , , — Nicholas @ 12:39

Facebook's new privacy options

H/T to KA-CHING! for the image.

“Who hired this goofball?”

Filed under: Government, Media, USA — Tags: , , , , — Nicholas @ 09:22

Jim Geraghty talks about Edward Snowden and the NSA:

Everybody’s going to have an opinion on Edward Snowden, today the world’s most famous leaker.

In the coming days, you’re going to see a lot of people talking past each other, conflating two issues: one, did he do the right thing by disclosing all these details of the vast NSA system to gather data on Americans? And two, should he be prosecuted for it?

Of course, you can do the right thing and still break the law.

[. . .]

This may be a story with no heroes. A government system designed to protect the citizens starts collecting all kinds of information on people who have done nothing wrong; it gets exposed, in violation of oaths and laws, by a young man who doesn’t recognize the full ramifications of his actions. The same government that will insist he’s the villain will glide right past the question of how they came to trust a guy like him with our most sensitive secrets. Who within our national security apparatus made the epic mistake of looking him over — completing his background check and/or psychological evaluation — and concluding, “yup, looks like a nice kid?”

Watching the interview with Snowden, the first thing that is quite clear is that his mild-mannered demeanor inadequately masks a huge ego — one of the big motivations of spies. (Counterintelligence instructors have long offered the mnemonic MICE, for money, ideology, compromise, ego; others throw in nationalism and sex.)

Snowden feels he has an understanding of what’s going on well beyond most of his colleagues:

    When you’re in positions of privileged access like a systems administrator for the sort of intelligence community agencies, you’re exposed to a lot more information on a broader scale then the average employee and because of that you see things that may be disturbing but over the course of a normal person’s career you’d only see one or two of these instances. When you see everything you see them on a more frequent basis and you recognize that some of these things are actually abuses.

What’s more, he feels that no one listens to his concerns or takes them seriously:

    And when you talk to people about them in a place like this where this is the normal state of business people tend not to take them very seriously and move on from them. But over time that awareness of wrongdoing sort of builds up and you feel compelled to talk about. And the more you talk about the more you’re ignored. The more you’re told its not a problem until eventually you realize that these things need to be determined by the public and not by somebody who was simply hired by the government.”

My God, he must have been an insufferable co-worker.

    ‘Look, you guys just don’t understand, okay? You just can’t grasp the moral complexities of what I’m being asked to do here! Nobody here really gets what’s going on, or can see the big picture when you ask me to do something like that!’

    ‘Ed, I just asked if you could put a new bottle on the water cooler when you get a chance.’

Update: Politico put together a fact sheet on what we know about Edward Snowden. It’s best summed up by Iowahawk:

June 10, 2013

Daniel Ellsberg on rolling back an “executive coup” against the US constitution

Filed under: Government, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 09:14

In the Guardian, Daniel Ellsberg explains why the Snowden leak is so important:

In my estimation, there has not been in American history a more important leak than Edward Snowden’s release of NSA material — and that definitely includes the Pentagon Papers 40 years ago. Snowden’s whistleblowing gives us the possibility to roll back a key part of what has amounted to an “executive coup” against the US constitution.

Since 9/11, there has been, at first secretly but increasingly openly, a revocation of the bill of rights for which this country fought over 200 years ago. In particular, the fourth and fifth amendments of the US constitution, which safeguard citizens from unwarranted intrusion by the government into their private lives, have been virtually suspended.

The government claims it has a court warrant under Fisa — but that unconstitutionally sweeping warrant is from a secret court, shielded from effective oversight, almost totally deferential to executive requests. As Russell Tice, a former National Security Agency analyst, put it: “It is a kangaroo court with a rubber stamp.”

For the president then to say that there is judicial oversight is nonsense — as is the alleged oversight function of the intelligence committees in Congress. Not for the first time — as with issues of torture, kidnapping, detention, assassination by drones and death squads — they have shown themselves to be thoroughly co-opted by the agencies they supposedly monitor. They are also black holes for information that the public needs to know.

The fact that congressional leaders were “briefed” on this and went along with it, without any open debate, hearings, staff analysis, or any real chance for effective dissent, only shows how broken the system of checks and balances is in this country.

Edward Snowden is “one of America’s most consequential whistleblowers, alongside Daniel Ellsberg and Bradley Manning”

Filed under: Government, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 08:03

The identity of the NSA whistleblower is revealed by the Guardian:

The individual responsible for one of the most significant leaks in US political history is Edward Snowden, a 29-year-old former technical assistant for the CIA and current employee of the defence contractor Booz Allen Hamilton. Snowden has been working at the National Security Agency for the last four years as an employee of various outside contractors, including Booz Allen and Dell.

The Guardian, after several days of interviews, is revealing his identity at his request. From the moment he decided to disclose numerous top-secret documents to the public, he was determined not to opt for the protection of anonymity. “I have no intention of hiding who I am because I know I have done nothing wrong,” he said.

Snowden will go down in history as one of America’s most consequential whistleblowers, alongside Daniel Ellsberg and Bradley Manning. He is responsible for handing over material from one of the world’s most secretive organisations — the NSA.

[. . .]

He does not fear the consequences of going public, he said, only that doing so will distract attention from the issues raised by his disclosures. “I know the media likes to personalise political debates, and I know the government will demonise me.”

Despite these fears, he remained hopeful his outing will not divert attention from the substance of his disclosures. “I really want the focus to be on these documents and the debate which I hope this will trigger among citizens around the globe about what kind of world we want to live in.” He added: “My sole motive is to inform the public as to that which is done in their name and that which is done against them.”

He has had “a very comfortable life” that included a salary of roughly $200,000, a girlfriend with whom he shared a home in Hawaii, a stable career, and a family he loves. “I’m willing to sacrifice all of that because I can’t in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building.”

June 9, 2013

QotD: Whistleblowers

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

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

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

We need whistle-blowers.

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

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

June 8, 2013

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

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

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

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

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

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

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