Quotulatiousness

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 19, 2013

Glenn Greenwald’s partner detained by UK authorities

Filed under: Britain, Government, Media — Tags: , , , , , — Nicholas @ 08:49

The British government sends a message:

The partner of the Guardian journalist who has written a series of stories revealing mass surveillance programmes by the US National Security Agency was held for almost nine hours on Sunday by UK authorities as he passed through London’s Heathrow airport on his way home to Rio de Janeiro.

David Miranda, who lives with Glenn Greenwald, was returning from a trip to Berlin when he was stopped by officers at 8.05am and informed that he was to be questioned under schedule 7 of the Terrorism Act 2000. The controversial law, which applies only at airports, ports and border areas, allows officers to stop, search, question and detain individuals.

The 28-year-old was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual. According to official figures, most examinations under schedule 7 — over 97% — last less than an hour, and only one in 2,000 people detained are kept for more than six hours.

Miranda was released, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles.

Since 5 June, Greenwald has written a series of stories revealing the NSA’s electronic surveillance programmes, detailed in thousands of files passed to him by whistleblower Edward Snowden. The Guardian has also published a number of stories about blanket electronic surveillance by Britain’s GCHQ, also based on documents from Snowden.

Update: The opposition Labour party calls for an investigation into this use of anti-terrorism legislation (but as Charles Stross point out … they passed the laws themselves).

Labour has called for an urgent investigation into the use of anti-terror powers to detain David Miranda, the partner of a Guardian journalist who interviewed US National Security Agency whistleblower Edward Snowden.

Yvette Cooper, the shadow home secretary, said ministers must find out whether anti-terror laws had been “misused”, after Miranda was held for nine hours by authorities at Heathrow airport under the Terrorism Act.

His detention has caused “considerable consternation” and the Home Office must explain how this can be justified as appropriate and proportionate, she said.

[…]

“The independent reviewer of terrorism legislation, David Anderson, has already warned of the importance of using schedule 7 of the Terrorism Act appropriately and proportionately. The purpose of schedule 7 is to determine whether or not someone is involved in or associated with terror activity. The Home Office and police need to explain rapidly how they can justify using that purpose under the terrorism legislation to detain David Miranda for nine hours. This has caused considerable consternation and swift answers are needed.

“The police and security agencies rightly work hard to protect national security and prevent terrorism. But public confidence in security powers depends on them being used proportionately within the law, and also on having independent checks and balances in place to prevent misuse.”

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.

August 7, 2013

Bruce Schneier – “it’s becoming clear that we can’t trust anything anyone official says about these programs”

Filed under: Government, Media, USA — Tags: , , , , , , — Nicholas @ 08:39

Bruce Schneier talks about the need to restore trust in government and the internet after all the proof we’ve had lately that “they” are lying to us pretty much all the time:

In July 2012, responding to allegations that the video-chat service Skype — owned by Microsoft — was changing its protocols to make it possible for the government to eavesdrop on users, Corporate Vice President Mark Gillett took to the company’s blog to deny it.

Turns out that wasn’t quite true.

Or at least he — or the company’s lawyers — carefully crafted a statement that could be defended as true while completely deceiving the reader. You see, Skype wasn’t changing its protocols to make it possible for the government to eavesdrop on users, because the government was already able to eavesdrop on users.

At a Senate hearing in March, Director of National Intelligence James Clapper assured the committee that his agency didn’t collect data on hundreds of millions of Americans. He was lying, too. He later defended his lie by inventing a new definition of the word “collect,” an excuse that didn’t even pass the laugh test.

As Edward Snowden’s documents reveal more about the NSA’s activities, it’s becoming clear that we can’t trust anything anyone official says about these programs.

Google and Facebook insist that the NSA has no “direct access” to their servers. Of course not; the smart way for the NSA to get all the data is through sniffers.

Apple says it’s never heard of PRISM. Of course not; that’s the internal name of the NSA database. Companies are publishing reports purporting to show how few requests for customer-data access they’ve received, a meaningless number when a single Verizon request can cover all of their customers. The Guardian reported that Microsoft secretly worked with the NSA to subvert the security of Outlook, something it carefully denies. Even President Obama’s justifications and denials are phrased with the intent that the listener will take his words very literally and not wonder what they really mean.

[…]

Ronald Reagan once said “trust but verify.” That works only if we can verify. In a world where everyone lies to us all the time, we have no choice but to trust blindly, and we have no reason to believe that anyone is worthy of blind trust. It’s no wonder that most people are ignoring the story; it’s just too much cognitive dissonance to try to cope with it.

This sort of thing can destroy our country. Trust is essential in our society. And if we can’t trust either our government or the corporations that have intimate access into so much of our lives, society suffers. Study after study demonstrates the value of living in a high-trust society and the costs of living in a low-trust one.

July 2, 2013

Learning to love the leaker

Filed under: Government, Law, Media — Tags: , , , , — Nicholas @ 15:16

Glenn Reynolds, aka the Instapundit, explains why people who like government legitimacy should love the leakers:

… the Snowden affair occurs in the context of an unprecedented administration war on whistleblowers. And that’s a bad idea because whistleblowing is one of the things that maintains the legitimacy of a government as big, and otherwise unaccountable, as ours.

As recently reported by the McClatchy Newspapers, the Obama administration views whistleblowing and leaks as a species of terrorism. According to McClatchy: “President Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of ‘insider threat’ give agencies latitude to pursue and penalize a range of other conduct. … Leaks to the media are equated with espionage.”

The Peace Corps? The Department of Agriculture? Really? There’s irony in this, given President Obama’s famous 2009 pledge to make transparency a “touchstone” in his administration. “For a long time,” he said, “there’s been too much secrecy in this city.” His views on this subject seem to have evolved. Now, like many officeholders, he wants to control information to avoid embarrassment.

But that’s a mistake. Because while leaks can bring embarrassment, leaks — or at least their possibility — also bring legitimacy.

The federal government is so huge that no one can really oversee it. (This was, remember, an excuse offered by Obama’s defenders in the IRS scandals.) It’s certainly too big for congressional oversight to do the job, as is evidenced by the numerous unfolding scandals ranging from the NSA to Benghazi to the IRS, all of which seem to have caught Congress by surprise.

June 11, 2013

“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

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 7, 2013

Who is Glenn Greenwald?

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

The New York Times profiles Glenn Greenwald:

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

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

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

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

May 17, 2013

Reason.tv’s West Wing Weak: Your Guide to Obama’s Scandal-Filled Week

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

The Obama White House has released the latest installment of its ongoing and self-congratulatory video series, West Wing Week. But despite touting itself as “your guide to all things 1600 Pennsylvania Ave.,” the new episode seems to be missing some of the key stories that have hit the headlines over the past few days.

There’s no mention, for instance, of Benghazi or the AP phone tapping — and the IRS scandal is barely mentioned in passing.

Perhaps the White House is just too busy completely redacting documents requested under the Freedom of Information Act to fully document its recent highlights.

In a surge of civic pride, Reason TV is happy to offer “West Wing Weak,” our look back at the administration’s past seven days.

“West Wing Weak” is written and produced by Meredith Bragg and Nick Gillespie, who also narrates.

March 20, 2013

Barack’s secret spying club

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:23

In Reason, Jacob Sullum explains why the ruling against the promiscuous use of National Security Letters was needed:

After 9/11, Congress loosened restrictions on national security letters (NSLs), a kind of administrative subpoena, first authorized in 1986, that the FBI uses to demand information from phone companies, Internet service providers, and financial institutions. According to the Justice Department’s inspector general, NSL “requests” skyrocketed from a total of 8,500 between 1986 and 2000 to more than 56,000 in 2004 alone.

The Obama administration has made liberal use of NSLs, which in 2010 allowed the FBI to peruse information about 14,212 American citizens and permanent residents — a new record — without bothering to get clearance from a judge. If you were one of those people, the odds are that you will never know, because NSLs are almost always accompanied by instructions that prohibit recipients from discussing them.

[. . .]

Secrecy frustrates challenges to counterterrorism tactics even in the case of Obama’s most startling claim to executive power: the authority to kill people he identifies as members or allies of Al Qaeda. In January a federal judge ruled that the Freedom of Information Act does not require Obama to disclose the Justice Department memos that explain the legal rationale for this license to kill.

U.S. District Judge Colleen McMahon expressed frustration with this result, saying, “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.” In his State of the Union address the following month, Obama promised to make his “targeting” of suspected terrorists “even more transparent.” I’ll disbelieve it when I don’t see it.

March 1, 2013

North Korea’s real inflation rate may have reached 116%

Filed under: Asia, Economics — Tags: , , , , — Nicholas @ 00:01

In the Cato@Liberty blog, Steve Hanke looks at North Korea’s offical statistics and makes an educated guess at what they conceal, rather than reveal about the country’s state:

During the past few weeks, North Korea has been the subject of outsized news coverage. The recent peacocking by Supreme Leader Kim Jong Un — from domestic martial law policies to tests of the country’s nuclear weapons capabilities — has successfully distracted the media from North Korea’s continued economic woes. For starters, the country’s plans for agricultural reforms have been deep-sixed, and, to top it off, I estimate that North Korea’s annual inflation rate hit triple digits for 2012: 116%, to be exact.

Unfortunately, the official shroud of secrecy covering North Korea’s official information and statistics remains more or less intact. But, some within North Korea have begun to shed light on this “land of illusions”. For example, a team of “citizen cartographers” helped Google construct its recent Google Maps’ exposition of North Korea’s streets, landmarks, and government facilities. In addition, our friends at DailyNK have successfully been reporting data on black-market exchange rates and the price of rice in North Korea — data which allowed me to conclude that the country experienced an episode of hyperinflation from December 2009 to mid-January 2011.

November 20, 2012

Microsoft’s essential problem

Filed under: Business — Tags: , , , , , , — Nicholas @ 09:43

ESR explains why Microsoft has been languishing in the doldrums for the past several years:

This is why Microsoft looks so doomed and desperate. Yes, Steve Ballmer is a colossal fool who has never met a strategic decision he couldn’t bungle, but in an important way that is symptom rather than cause. Dysfunctional leaders arise from dysfunctional cultures; the problem behind Ballmer is that Microsoft’s culture is broken, and the problem behind that is that the monopolistic/authoritarian goals around which Microsoft’s culture was constructed are incompatible with any other kind of excellence.

A more poetic way to put this is Tolkien’s “Oft evil will shall evil mar.” Google’s “Don’t be evil” isn’t mere idealism or posturing, it’s an attempt to sustain the kind of culture in which excellence is possible. (Whether and how long this will be a successful attempt is a different question.)

Apple’s turn is next.

October 26, 2011

Giving the government even more weasel-room on FOIA requests

Filed under: Bureaucracy, Government, Liberty, USA — Tags: , , — Nicholas @ 10:02

A proposed rule change would allow the US government and its agencies to lie about the very existence of requested records in Freedom of Information Act requests:

A proposed rule to the Freedom of Information Act would allow federal agencies to tell people requesting certain law-enforcement or national security documents that records don’t exist — even when they do.

Under current FOIA practice, the government may withhold information and issue what’s known as a Glomar denial that says it can neither confirm nor deny the existence of records.

The new proposal — part of a lengthy rule revision by the Department of Justice — would direct government agencies to “respond to the request as if the excluded records did not exist.”

October 16, 2011

Rick Mercer on the (secret) border security negotiations

Filed under: Cancon, Government, USA — Tags: , , — Nicholas @ 10:42

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