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A journalist arrested for filming a Dakota Access protest could face more prison time than Edward Snowden.

Ravaging crops, drowning goats, and wrecking fishing boats, the Category 4 storm devastated the financial mainstays of an already impoverished people, the Miami Herald reports.

While experts struggle to calculate Matthew’s long-term economic toll, Haitian farmers can see their losses in front of them, in fields littered with rotting fruit and fallen palms. Half the livestock and almost all crops in the nation’s fertile Grand-Anse region were destroyed. Although vegetables can be replanted, it will take years for new trees to bear fruit again. “This was our livelihood,” Marie-Lucienne Duvert told the Herald, of her coconut and breadfuit plantation. “Now it’s all gone, destroyed.”

The farmers, who have yet to receive any relief, are facing threats from famine and contaminated water. Matthew has already caused at least 200 cases of cholera, which could mark the beginning of an outbreak like the one following 2010’s crippling earthquake that claimed 316,000 lives and left 1.5 million homeless.

The death toll from the storm is over 1,000 in the Caribbean, a number that will likely continue to rise as Haitians struggle to find food.

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A journalist arrested for filming a Dakota Access protest could face more prison time than Edward Snowden.

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NSA Fires Back at Snowden and Claims His Email Didn’t Raise “Concerns About Wrongdoing”

Mother Jones

Update, Thursday, 2:25 EDT: The NSA has released the email it received from Edward Snowden on April 5, 2013. In the email, Snowden posed questions regarding a training session. He asked whether presidential executive orders supersede federal laws. He also asked about Department of Defense regulations and Office of Director of National Intelligence rules, wondering which has greater precedence. This email did not refer to any concerns about NSA surveillance programs. Three days later, the general counsel’s office replied that EOs “cannot override a statute” and that DOD and ODNI regulations “are afforded similar precedence.” The email noted, “please give me a call if you would like to discuss further.”

The National Security Agency is firing back against former contractor Edward Snowden, who insists he reported his concerns about illegal surveillance activity directly to the agency in writing before leaking his treasure trove of super-secret documents. The NSA says it will today release an email it received from Snowden that undercuts his assertion.

Snowden’s Odd Email to the NSA Deepens the Mystery

Snowden has maintained that he alerted intelligence officials internally more than “10 times” about his concerns about NSA activities prior to becoming a leaker. Last night, as part of its interview with Snowden, NBC reported that two US officials confirmed that Snowden had sent at least one email to the NSA’s general counsel raising “policy and legal questions.” The network’s revelation drew attention; the Intercept’s Glenn Greenwald called it the “biggest news” from the interview. After all, NSA officials have previously denied that Snowden reported wrongdoing to senior officials. In a speech on April 15 in Tampa, Director of National Intelligence James Clapper said that “Snowden isn’t a whistleblower.” He asserted that Snowden “could have reported concerns to seniors at NSA…he chose not to go to any of those places.”

Now that NBC has confirmed that Snowden did contact the NSA legal brass—undermining the NSA’s previous claims—the agency is acknowledging that it heard from the contractor before the leaks. But it is claiming that Snowden’s communication with the general counsel’s office does not back up his story.

On Thursday, in an email sent to Mother Jones, NSA spokeswoman Marci Green Miller said that the NSA has “found one email inquiry by Edward Snowden to the office of General Counsel asking for an explanation of some material that was in a training course he had just completed. The e-mail did not raise allegations or concerns about wrongdoing or abuse, but posed a legal question that the Office of General Counsel addressed. There was not additional follow-up noted.”

She added, “There are numerous avenues that Mr. Snowden could have used to raise other concerns or whistleblower allegations. We have searched for additional indications of outreach from him in those areas and to date have not discovered any engagements related to his claims.”

She noted the NSA will make the email public later today.

Given that Clapper and the NSA previously denied that Snowden had made any contact with the higher-ups, the agency’s discovery and release of this email will certainly be seen as somewhat suspicious by some. But Snowden’s claim and the NSA’s response are now good material for his next interview.

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NSA Fires Back at Snowden and Claims His Email Didn’t Raise “Concerns About Wrongdoing”

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New Audio: Listen to Edward Snowden Defend Whistleblowers

Mother Jones

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Edward Snowden beamed into DC from Russia Wednesday afternoon to accept the Ridenhour Prize for “truth-telling,” speaking before a crowd at the National Press Club via a Google+ hangout. Snowden’s lawyer and his father sat at a table in the front row and accepted the award on his behalf.

“A year ago there was no way I could have imagined being here, being honored in this room,” Snowden said to open his remarks. “When I began this, I never expected to receive the level of support that I did from the public. Having seen what happened to the people that came before, specifically Thomas Drake, it was an intimidating thing.” Drake is a former high-level employee at the National Security Agency who was vigorously prosecuted after revealing waste and mismanagement at the agency. “I’d realized that the highest likelihood, the most likely outcome of returning this information to public hands would be that I would spend the rest of my life in prison,” Snowden said. “I did it because I thought it was the right thing to do.”

When asked what advice he would give to the next potential whistleblower who wants to expose wrongdoing in the intelligence community, Snowden said that there needed to be systematic changes; otherwise that whistleblower would be forced into exile like him. “Thomas Drake showed us that even if you’re a real classic whistleblower revealing waste, fraud, and abuse in a program… there’s a very good chance the FBI will kick in your door, pull you out of the shower naked at gunpoint in front of your family, and ruin your life,” he said. Instead, Snowden suggested that Congress needed to add safeguards to encourage people to come forward. “Work with Congress in advance to try to make sure that we have reformed laws,” he said, “that we have better protections, that all these shortcomings and failures in our oversight infrastructure are addressed so that the next time that we have an American whistleblower who has something that the public needs to know, they can go to their lawyer’s office instead of the airport. Right now I’m not sure they have a real alternative.”

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New Audio: Listen to Edward Snowden Defend Whistleblowers

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WATCH: Hillary Clinton Blasts Edward Snowden for Fleeing to Russia and China

Mother Jones

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Hillary Clinton didn’t have to directly deal with Edward Snowden’s leaks when she was secretary of state. Clinton had already stepped down from her post by the time the Guardian published its first revelations on the expansive scope of spying by the National Security Agency. But at an event at the University of Connecticut on Wednesday night, Clinton made it clear that she’s no fan of the NSA leaker, insinuating that Snowden had cooperated with countries hostile to the United States and unintentionally aided terrorist organizations. “I don’t understand why he couldn’t have been part of the debate at home,” she said.

Clinton questioned Snowden’s intentions in fleeing the country before offerring his information to the public. “When he emerged and when he absconded with all that material, I was puzzled, because we have all these protections for whistleblowers,” Clinton said, when the moderator asked if there had been any positive effects for security policy following the NSA leaks. “If he were concerned and wanted to be part of the American debate, he could have been. But it struck me as—I just have to be honest with you—as sort of odd that he would flee to China, because Hong Kong is controlled by China, and that he would then go to Russia, two countries with which we have very difficult cyber-relationships, to put it mildly.”

Clinton also suggested that Snowden had inadvertently helped terrorists. “I think turning over a lot of that material—intentionally or unintentionally, because of the way it can be drained—gave all kinds of information, not only to big countries, but to networks and terrorist groups and the like,” she said.

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WATCH: Hillary Clinton Blasts Edward Snowden for Fleeing to Russia and China

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What’s the Difference Between Barton Gellman and Glenn Greenwald?

Mother Jones

Glenn Greenwald makes a point worth repeating today about the steady publication of stories based on the documents Edward Snowden provided to several media outlets last year:

(1) Edward Snowden has not leaked a single document to any journalist since he left Hong Kong in June: 9 months ago. Back then, he provided a set of documents to several journalists and asked that we make careful judgments about what should and should not be published based on several criteria. He has played no role since then in deciding which documents are or are not reported.

….(2) Publication of an NSA story constitutes an editorial judgment by the media outlet that the information should be public. By publishing yesterday’s Huawei story, the NYT obviously made the editorial judgment that these revelations are both newsworthy and in the public interest, should be disclosed, and will not unduly harm “American national security.” For reasons I explain below, I agree with that choice. But if you disagree — if you want to argue that this (or any other) NSA story is reckless, dangerous, treasonous or whatever — then have the courage to take it up with the people who reached the opposite conclusion: in this case, the editors and reporters of the NYT.

There’s more at the link, but it’s worth noting that although Greenwald himself is the subject of routine suggestions of treason-esque behavior, very rarely is the Washington Post’s Barton Gellman given the same treatment. But Gellman has been responsible for some of the biggest stories to date based on the Snowden documents.

Why the difference? Obviously Greenwald has placed himself in the public eye more than Gellman has, but that’s hardly sufficient explanation. What matters is what gets published. And the truth is that, as near as I can tell, nearly every single document that Greenwald has published so far would also have been published by the Post or the New York Times if they had gotten to it first. He hasn’t done anything that these pillars of American journalism haven’t done too.

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What’s the Difference Between Barton Gellman and Glenn Greenwald?

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Privacy Is Dead, Long Live Transparency!

Mother Jones

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Thanks to Edward Snowden, we’ve learned a lot over the past few months about the breathtaking scope and depth of US government surveillance programs. It’s going to take a while to digest all the details he’s disclosed, but in the meantime it might be a good idea to step back and ask some pointed questions about what it all means—and what kind of country we want to live in.


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What keeps the NSA’s capabilities from being abused in the future?
With only a few (albeit worrying) exceptions, Snowden’s documents suggest that today the NSA is focused primarily on foreign terrorism and mostly operates within its legal limits. But the agency has built an enormous infrastructure that sweeps up email, phone records, satellite communications, and fiber-optic data in terabyte quantities—and if history teaches us anything, it’s that capabilities that exist will eventually be used. Inadvertent collection of US communications is required by law to be “minimized,” but even now there are plenty of loopholes that allow the NSA to hold on to large quantities of domestic surveillance for its own use and the use of others. And there’s little to keep it from covertly expanding that capability in the future. All it would take is another 9/11 and a president without a lot of scruples about privacy rights.

What kind of independent oversight should the NSA have?
Right now, oversight is weak. There are briefings for a few members of Congress, but the NSA decides what’s in those briefings, and one leaked report revealed that the agency has set out very specific guidelines for what its analysts may divulge to “our overseers.” That caginess extends to the FISA court charged with making sure NSA programs remain within the law: In a 2011 opinion recently released by the Obama administration, the court noted that the NSA had misled it about the specific nature of a surveillance program for the third time in three years.

No organization can adequately oversee itself. If the NSA is allowed to decide on its own what it reveals to Congress and to the courts, then it’s under no real oversight at all.

What happened to the Fourth Amendment?
Back in 1979, the Supreme Court ruled that although a warrant is required to tap a telephone line, none is needed to acquire phone records. This means that police don’t need a warrant to find out whom you’ve been calling and who’s been calling you.

Whatever you think of this ruling, it was fairly limited at the time. Today it’s anything but. The NSA now sweeps up records of every single phone call made in the United States under the authority of Section 215 of the Patriot Act, which gives it power to obtain any “tangible thing” that’s relevant to a terrorist investigation. Did Congress mean for that section to be interpreted so broadly? Rep. Jim Sensenbrenner (R-Wis.), one of the authors of the Patriot Act, doesn’t think so. But the NSA does, and the FISA court has backed it up.

Another law, Section 702 of the FISA Amendments Act, allows the NSA to obtain access to vast categories of online communications without a warrant. It’s supposed to apply only to foreigners, but via errors and loopholes plenty of Americans end up being targeted too. In fact, one of the loopholes specifically allows the agency to use domestic data collected “inadvertently” if it shows evidence of a crime being or “about to be” committed. This provides a pretty obvious incentive to gather up bulk domestic communications in hopes of finding evidence of imminent activity. And the practice isn’t limited to national security cases: The Drug Enforcement Administration, for example, has a special division dedicated to using intelligence intercepts in drug cases, a fact that it routinely conceals from courts and defense attorneys.

What all this means is that the traditional constitutional requirement of a particularized warrant—one targeted at a specific person—is fast becoming a relic. In the NSA’s world, they simply collect everything they can using the broad powers they’ve been given, then decide for themselves which records they’re actually allowed to read. Is that really what we want?

Does all this surveillance keep us safer?
There’s no way to know for sure, since virtually everything about the NSA’s programs is classified. But shortly after the publication of the first Snowden documents, the head of the NSA told Congress that its surveillance programs had “contributed” to understanding or disrupting 50 terrorist plots—10 of them domestic—since 9/11. That amounts to less than one domestic plot per year. Of the handful he described, the most significant one involved a Somali immigrant who sent a few thousand dollars back to fighters in Somalia.

When you narrow things down to just the NSA’s collection of domestic phone records—perhaps its most controversial program—things get even shakier. In 2009, a FISA court judge who had received detailed reports on the program expressed open skepticism that it had accomplished much. And two US senators who have seen classified briefings about all 50 plots say that the phone records played “little or no role” in disrupting any of them. If this is the best case the NSA can make, it’s fair to ask whether its programs are worth the cost, either in money or in degraded privacy.

What about corporate surveillance?
Government eavesdropping isn’t the only thing we have to worry about. We’re also subjected to steadily increasing data collection from private actors. It’s true that, unlike a government, a corporation can’t put you on a no-fly list or throw you in jail. But there are at least a couple of reasons that corporate surveillance can be every bit as intrusive as the government variety—and possibly every bit as dangerous too.

First, if Target can analyze your shopping habits to figure out if you’re pregnant—and it can—another company might figure out that you’re in the early stages of Alzheimer’s disease and then start badgering you to buy worthless insurance policies. Multiply that by a thousand and “targeted advertising” doesn’t seem quite so benign anymore.

Second, there’s nothing that prevents the government from buying up all this information and combining it with its programs into an even bigger surveillance octopus. That was the goal of the Orwellian-named Bush-era program known as Total Information Awareness. It was officially killed after a public outcry, but as we now know, it never really went away. It just got split apart, renamed, and dumped into black budgets.

Even the NSA itself is in on the action: The Wall Street Journal reported earlier this year that the agency collects more than just phone records and data packets. Via internet service providers and financial institutions, it also gathers web search records, credit card transactions, and who knows what else. In addition, the NSA has long maintained a deep collaboration with the leading-edge data mining companies of Silicon Valley. And why not? As the New York Times put it, both sides realize that “they are now in the same business.”

Can we save privacy?
I call this the “David Brin question,” after the science fiction writer who argued in 1996 that the issue isn’t whether surveillance will become ubiquitous—given technological advances, it will—but how we choose to live with it. Sure, he argued, we may pass laws to protect our privacy, but they’ll do little except ensure that surveillance is hidden ever more deeply and is available only to governments and powerful corporations. Instead, Brin suggests, we should all tolerate less privacy, but insist on less of it for everyone. With the exception of a small sphere within our homes, we should accept that our neighbors will know pretty much everything about us and vice versa. And we should demand that all surveillance data be public, with none restricted to governments or data brokers. Give everyone access to the NSA’s records. Give everyone access to all the video cameras that dot our cities. Give everyone access to corporate databases.

This is, needless to say, easier said than done, and Brin acknowledges plenty of problems. Nonetheless, his provocation is worth thinking about. If privacy in the traditional sense is impossible in a modern society, our best bet might be to make the inevitable surveillance more available, not less. It might, in the end, be the only way to keep governments honest.

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Privacy Is Dead, Long Live Transparency!

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No More Nathan Hales in the Intelligence-industrial Complex

Mother Jones

This story first appeared on the TomDispatch website.

Hey, let’s talk spying! In Surveillance America, this land of spookery we all now inhabit, what else is there to talk about?

Was there anyone growing up like me in the 1950s who didn’t know Revolutionary War hero and spy Nathan Hale’s last words before the British hanged him: “I only regret that I have but one life to give for my country”? I doubt it. Even today that line, whether historically accurate or not, gives me a chill. Of course, it’s harder these days to imagine a use for such a heroically solitary statement—not in an America in which spying and surveillance are boom businesses, and our latest potential Nathan Hales are tens of thousands of corporately hired and trained private intelligence contractors, who often don’t get closer to the enemy than a computer terminal.

What would Nathan Hale think if you could tell him that the CIA, the preeminent spy agency in the country, has an estimated 20,000 employees (it won’t reveal the exact number, of course); or that the National Geospatial-Intelligence Agency, which monitors the nation’s spy satellites, has a cast of 16,000 housed in a post-9/11, almost $2 billion headquarters in Washington’s suburbs; or that our modern Nathan Hales, multiplying like so many jackrabbits, lack the equivalent of a Britain to spy on. In the old-fashioned sense, there really is no longer an enemy on the planet. The modern analog to the British of 1776 would assumedly be… al-Qaeda?

It’s true that powers friendly and less friendly still spy on the US Who doesn’t remember that ring of suburban-couples-cum-spies the Russians planted here? It was a sophisticated operation that only lacked access to state secrets of any sort and that the FBI rolled up in 2010. But generally speaking, in a single-superpower world, the US, with no obvious enemy, has been building its own system of global spying and surveillance on a scale never before seen in an effort to keep track of just about everyone on the planet (as recently released NSA documents show). In other words, Washington is now spy central. It surveils not just potential future enemies, but also its closest allies as if they were enemies. Increasingly, the structure built to do a significant part of that spying is aimed at Americans, too, and on a scale that is no less breathtaking.

Spies, Traitors, and Defectors in Twenty-First-Century America
Today, for America’s spies, Nathan Hale’s job comes with health and retirement benefits. Top officials in that world have access to a revolving door into guaranteed lucrative employment at the highest levels of the corporate-surveillance complex and, of course, for the spy in need of escape, a golden parachute. So when I think about Nathan Hale’s famed line, among those hundreds of thousands of American spies and corporate spylings just two Americans come to mind, both charged and one convicted under the draconian World War I Espionage Act.

Only one tiny subset of Americans might still be able to cite Hale’s words and have them mean anything. Even when Army Private First Class Bradley Manning wrote the former hacker who would turn him in about the possibility that he might find himself in jail for life or be executed, he didn’t use those words. But if he had, they would have been appropriate. Former Booz Allen employee Edward Snowden didn’t use them in Hong Kong when he discussed the harsh treatment he assumed he would get from his government for revealing the secrets of the National Security Agency, but had he, those words wouldn’t have sounded out of whack.

The recent conviction of Manning on six charges under the Espionage Act for releasing secret military and government documents should be a reminder that we Americans are in a rapidly transforming world. It is, however, a world that’s increasingly hard to capture accurately because the changes are outpacing the language we have to describe them and so our ability to grasp what is happening.

Take the words “spying” and “espionage.” At a national level, you were once a spy who engaged in espionage when, by whatever subterfuge, you gathered the secrets of an enemy, ordinarily an enemy state, for the use of your own country. In recent years, however, those being charged under the Espionage Act by the Bush and Obama administrations have not in any traditional sense been spies. None were hired or trained by another power or entity to mine secrets. All had, in fact, been trained either by the US government or an allied corporate entity. All, in their urge to reveal, were freelancers (a.k.a. whistleblowers) who might, in the American past, have gone under the label of “patriots.”

None was planning to turn the information in their possession over to an enemy power. Each was trying to make his or her organization, department, or agency conform to proper or better practices or, in the cases of Manning and Snowden, bring to the attention of the American people the missteps and misdeeds of our own government about which we were ignorant thanks to the cloak of secrecy thrown over ever more of its acts and documents.

To the extent that those whistleblowers were committing acts of espionage, surreptitiously taking secret information from the innards of the national security state for delivery to an “enemy power,” that power was “we, the people,” the governing power as imagined in the US Constitution. Manning and Snowden each believed that the release of classified documents in his possession would empower us, the people, and lead us to question what was being done by the national security state in our name but without our knowledge. In other words, if they were spies, then they were spying on the government for us.

They were, that is, insiders embedded in a vast, increasingly secretive structure that, in the name of protecting us from terrorism, was betraying us in a far deeper way. Both men have been termed “traitors” (Manning in military court), while Congressman Peter King called Snowden a “defector,” a Cold War term no longer much in use in a one-superpower world. Such words, too, would need new definitions to fit our present reality.

In a sense, Manning and Snowden could be said to have “defected”—from the US secret government to us. However informally or individually, they could nonetheless be imagined as the people’s spies. What their cases indicate is that, in this country, the lock-‘em-up-and-throw-away-the-key crime of the century is now to spy on the US for us. That can leave you abused and mistreated in a US military prison, or trapped in a Moscow airport, or with your career or life in ruins.

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“You’re a Sacrifice”: An Open Letter to Edward Snowden

Mother Jones

This story first appeared on the TomDispatch website.

Dear Edward Snowden,

Billions of us, from prime ministers to hackers, are watching a live espionage movie in which you are the protagonist and perhaps the sacrifice. Your way forward is clear to no one, least of all, I’m sure, you.

I fear for you; I think of you with a heavy heart. I imagine hiding you like Anne Frank. I imagine Hollywood movie magic in which a young lookalike would swap places with you and let you flee to safety—if there is any safety in this world of extreme rendition and extrajudicial execution by the government that you and I were born under and that you, until recently, served. I fear you may pay, if not with your death, with your life—with a life that can have no conventional outcome anytime soon, if ever. “Truth is coming, and it cannot be stopped,” you told us, and they are trying to stop you instead.

I am moved by your choice of our future over yours, the world over yourself. You know what few do nowadays: that the self is not the same as self-interest. You are someone who is smart enough, idealistic enough, bold enough to know that living with yourself in a system of utter corruption would destroy that self as an ideal, as something worth being. Doing what you’ve done, on the other hand, would give you a self you could live with, even if it gave you nowhere to live or no life. Which is to say, you have become a hero.

Pity the country that requires a hero, Bertolt Brecht once remarked, but pity the heroes too. They are the other homeless, the people who don’t fit in. They are the ones who see the hardest work and do it, and pay the price we charge those who do what we can’t or won’t. If the old stories were about heroes who saved us from others, modern heroes—Nelson Mandela, Cesar Chavez, Rachel Carson, Ella Baker, Martin Luther King, Aung San Suu Kyi—endeavored to save us from ourselves, from our own governments and systems of power.

The rest of us so often sacrifice that self and those ideals to fit in, to be part of a cannibal system, a system that eats souls and defiles truths and serves only power. Or we negotiate quietly to maintain an uneasy distance from it and then go about our own business. Though in my world quite a few of us strike our small blows against empire, you, young man, you were situated where you could run a dagger through the dragon’s eye, and that dragon is writhing in agony now; in that agony it has lost its magic: an arrangement whereby it remains invisible while making the rest of us ever more naked to its glaring eye.

Private Eyes and Public Rights
Privacy is a kind of power as well as a right, one that public librarians fought to protect against the Bush administration and the PATRIOT Act and that online companies violate in every way that’s profitable and expedient. Our lack of privacy, their monstrous privacy—even their invasion of our privacy must, by law, remain classified—is what you made visible. The agony of a monster with nowhere to stand—you are accused of spying on the spies, of invading the privacy of their invasion of privacy—is a truly curious thing. And it is changing the world. Europe and South America are in an uproar, and attempts to contain you and your damage are putting out fire with gasoline.

You yourself said it so well on July 12th:

“A little over one month ago, I had family, a home in paradise, and I lived in great comfort. I also had the capability without any warrant to search for, seize, and read your communications. Anyone’s communications at any time. That is the power to change people’s fates. It is also a serious violation of the law. The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal Declaration of Human Rights, and numerous statutes and treaties forbid such systems of massive, pervasive surveillance. While the US Constitution marks these programs as illegal, my government argues that secret court rulings, which the world is not permitted to see, somehow legitimize an illegal affair. These rulings simply corrupt the most basic notion of justice—that it must be seen to be done.”

They say you, like Bradley Manning, gave secrets to their enemies. It’s clear who those enemies are: you, me, us. It was clear on September 12, 2001, that the Bush administration feared the American people more than al-Qaeda. Not much has changed on that front since, and this almost infinitely broad information harvest criminalizes all of us. This metadata—the patterns and connections of communications rather than their content—is particularly useful, as my friend Chris Carlsson pointed out, at mapping the clusters of communications behind popular movements, uprisings, political organizing: in other words, those moments when civil society rises to shape history, to make a better future in the open world of the streets and squares.

The goal of gathering all this metadata, Chris speculates, “is to be able to identify where the ‘hubs’ are, who the people are who sit at key points in networks, helping pass news and messages along, but especially, who the people are who spread ideas and information from one network of people to the next, who help connect small networks into larger ones, and thus facilitate the unpredictable and rapid spread of dissent when it appears.”

Metadata can map the circulatory system of civil society, toward what ends you can certainly imagine. When governments fear their people you can be sure they are not serving their people. This has always been the minefield of patriotism: loyalty to our government often means hostility to our country and vice-versa. Edward Snowden, loyalist to country, you have made this clear as day.

Those who demonize you show, as David Bromwich pointed out in a fine essay in the London Review of Books, their submission to the power you exposed. Who stood where, he writes,

“was an infallible marker of the anti-authoritarian instinct against the authoritarian. What was distressing and impossible to predict was the evidence of the way the last few years have worn deep channels of authoritarian acceptance in the mind of the liberal establishment. Every public figure who is psychologically identified with the ways of power in America has condemned Snowden as a traitor, or deplored his actions as merely those of a criminal, someone about whom the judgment ‘he must be prosecuted’ obviates any further judgment and any need for thought.”

You said, “I know the media likes to personalize political debates, and I know the government will demonize me.” Who you are is fascinating, but what you’ve exposed is what matters. It is upending the world. It is damaging Washington’s relations with many Latin American and some European countries, with Russia and China as well as with its own people—those, at least, who bother to read or listen to the news and care about what they find there. “Edward Snowden Single-Handedly Forces Tech Companies To Come Forward With Government Data Request Stats,” said a headline in Forbes. Your act is rearranging our world. How much no one yet knows.

What You Love
What’s striking about your words on video, Edward Snowden, the ones I hear as your young, pale, thoughtful face speaks with clarity and incisiveness in response to Glenn Greenwald’s questions, is that you’re not talking much about what you hate, though it’s clear that you hate the secret network you were part of. You hate it because it poisons what you love. You told us, “I understand that I will be made to suffer for my actions… but I will be satisfied if the federation of secret law, unequal pardon, and irresistible executive powers that rule the world that I love are revealed even for an instant.” You love our world, our country—not its government, clearly, but its old ideals and living idealists, its possibilities, its dreamers, and its dreams (not the stale, stuffed American dream of individual affluence, but the other dreams of a better world for all of us, a world of principle).

You told us where we now live and that you refuse to live there anymore:

“I don’t want to live in a world where everything that I say, everything I do, everyone I talk to, every expression of creativity or love or friendship is recorded. And that’s not something I’m willing to support, it’s not something I’m willing to build, and it’s not something I’m willing to live under. America is a fundamentally good country. We have good people with good values who want to do the right thing. But the structures of power that exist are working to their own ends to extend their capability at the expense of the freedom of all publics.”

Which is to say you acted from love, from all the things the new surveillance state imperils: privacy, democracy, accountability, decency, honor. The rest of us, what would we do for love?

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“You’re a Sacrifice”: An Open Letter to Edward Snowden

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Could the US Stop Another Edward Snowden?

Mother Jones

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This story first appeared on the TomDispatch website.

It’s hard even to know how to take it in. I mean, what’s really happening? An employee of a private contractor working for the National Security Agency makes off with unknown numbers of files about America’s developing global security state on a thumb drive and four laptop computers, and jumps the nearest plane to Hong Kong. His goal: to expose a vast surveillance structure built in the shadows in the post-9/11 years and significantly aimed at Americans. He leaks some of the documents to a columnist at the British Guardian and to the Washington Post. The response is unprecedented: an “international manhunt” (or more politely but less accurately, “a diplomatic full court press“) conducted not by Interpol or the United Nations but by the planet’s sole superpower, the very government whose practices the leaker was so intent on exposing.

And that’s just for starters. Let’s add another factor. The leaker, a young man with great techno-savvy, lets the world know that he’s picked and chosen among the NSA files in his possession. He’s releasing only those he thinks the American public needs in order to start a full-scale debate about the unprecedented secret world of surveillance that their taxpayer dollars have created. In other words, this is no “document dump.” He wants to spark change without doing harm.

But here’s the kicker: he couldn’t be more aware of previous whistleblower cases, the punitive reaction of his government to them, and the fate that might be his. As a result, we now know, he has encrypted the full set of files in his possession and left them in one or more safe places for unknown individuals—that is, we don’t know who they are—to access, should he be taken by the US

In other words, from the time Edward Snowden’s first leaked documents came out, it was obvious that he was in control of how much of the NSA’s secret world would be seen. It would be hard then not to conclude that capturing him, imprisoning him, trying him, and throwing away the key is likely to increase, not decrease, the flow of those documents. Knowing that, the Obama administration and the representatives of our secret world went after him anyway—after one man on a global scale and in a way that may not have a precedent. No thought of future embarrassment stopped them, nor, it seems, did they hesitate because of possible resentments engendered by their heavy-handed pressure on numerous foreign governments.

The result has been a global spectacle, as well as a worldwide debate about the spying practices of the US (and its allies). In these weeks, Washington has proven determined, vengeful, implacable. It has strong-armed, threatened, and elbowed powers large and small. It has essentially pledged that the leaker, former Booz Allen employee Edward Snowden, will never be safe on this planet in his lifetime. And yet, to mention the obvious, the greatest power on Earth has, as yet, failed to get its man and is losing the public opinion battle globally.

An Asylum-less World
Highlighted in all this has been a curious fact of our twenty-first-century world. In the Cold War years, asylum was always potentially available. If you opposed one of the two superpowers or its allies, the other was usually ready to open its arms to you, as the US famously did for what were once called “Soviet dissidents” in great numbers. The Soviets did the same for Americans, Brits, and others, often secret communists, sometimes actual spies, who opposed the leading capitalist power and its global order.

Today, if you are a twenty-first-century “dissident” and need asylum/protection from the only superpower left, there is essentially none to be had. Even after three Latin American countries, enraged at Washington’s actions, extended offers of protection to Snowden, these should be treated as a new category of limited asylum. After all, the greatest power on the planet has, since 9/11, shown itself perfectly willing to do almost anything in pursuit of its definition of “security” or the security of its security system. Torture, abuse, the setting up of secret prisons or “black sites,” the kidnapping of terrorist suspects (including perfectly innocent people) off the streets of global cities and in the backlands of the planet, as well as their “rendition” to the torture chambers of complicit allied regimes, and the secret surveillance of anyone anywhere would only start a far longer list.

Nothing about the “international manhunt” for Snowden indicates that the Obama administration would be unwilling to send in the CIA or special operations types to “render” him from Venezuela, Bolivia, or Nicaragua, no matter the cost to hemispheric relations. Snowden himself brought up this possibility in his first interview with Guardian columnist Glenn Greenwald. “I could,” he said bluntly, “be rendered by the CIA.” This assumes that he can even make it to a land of exile from somewhere in the bowels of the international terminal of Moscow’s Sheremetyevo airport without being intercepted by Washington.

It’s true that there remain some modest limits on the actions even of a rogue superpower. It’s hard to imagine Washington dropping its kidnappers into Russia or China to take Snowden, which is perhaps why it has put such pressure on both countries to turn him in or hustle him along. With smaller, weaker lands, however, non-nuclear allies or enemies or frenemies, don’t doubt the possibility for a second.

If Edward Snowden is proving one thing, it’s this: in 2013, Planet Earth isn’t big enough to protect the American version of dissidents.Instead, it looks ever more like a giant prison with a single implacable policeman, judge, jury, and jailer.

Deterrence Theory the Second Time Around
In the Cold War years, the two nuclear-armed superpowers practiced what was called “deterrence theory,” or more aptly MAD, short for “mutually assured destruction.” Think of it as the particularly grim underside of what might have been but wasn’t called MAA (mutually assured asylum). The knowledge that no nuclear first strike by one superpower could succeed in preventing the other from striking back with overwhelming force, destroying them both (and possibly the planet) seemed, however barely, to hold their enmity and weaponry at bay. It forced them to fight their wars, often by proxy, on the global frontiers of empire.

Now, with but one superpower left, another kind of deterrence theory has come into play. Crucial to our era is the ongoing creation of the first global surveillance state. In the Obama years, the sole superpower has put special effort into deterring anyone in its labyrinthine bureaucracy who shows a desire to let us know what “our” government is doing in our name.

The Obama administration’s efforts to stop whistleblowers are becoming legendary. It has launched an unprecedented program to specially train millions of employees and contractors to profile coworkers for “indicators of insider threat behavior.” They are being encouraged to inform on any “high-risk persons” they suspect might be planning to go public. Administration officials have also put much punitive energy into making examples out of whistleblowers who have tried to reveal anything of the inner workings of the national security complex.

In this way, the Obama administration has more than doubled the total whistleblower prosecutions of all previous administrations combined under the draconian World War I-era Espionage Act. It has also gone after Army Private Bradley Manning for releasing secret military and State Department files to WikiLeaks, not only attempting to put him away for life for “aiding the enemy,” but subjecting him to particularly vindictive and abusive treatment while in military prison. In addition, it has threatened journalists who have written on or published leaked material and gone on expeditions into the telephone and email records of major media organizations.

All of this adds up to a new version of deterrence thinking in which a potential whistleblower should know that he or she will experience a lifetime of suffering for leaking anything; in which those, even in the highest reaches of government, who consider speaking to journalists on classified subjects should know that their calls could be monitored and their whispers criminalized; and in which the media should know that reporting on such subjects is not a healthy activity.

This sort of deterrence already seemed increasingly extreme in nature; the response to Snowden’s revelations took it to a new level. Though the US government pursued WikiLeaks founder Julian Assange abroad (while reportedly preparing to indict him at home), the other whistleblower cases might all be considered national security ones. The manhunt against Snowden is something new. Through it, Washington is now punitively expanding twenty-first century deterrence theory to the world.

The message is this: nowhere will you be safe from us if you breach US secrecy. Snowden’s will surely be a case study in how far the new global security state is willing to go. And the answer is already in: far indeed. We just don’t yet know exactly how far.

How to Down a Plane to (Not) Catch a Whistleblower
In this light, no incident has been more revealing than the downing of the plane of Bolivian President Evo Morales, the democratically elected head of a sovereign Latin American nation, and not an official enemy of the United States. Angry Bolivian authorities termed it a “kidnapping” or “imperialist hijack.” It was, at the least, an act for which it’s hard to imagine a precedent.

Evidently officials in Washington believed that the plane bringing the Bolivian president back from Moscow was also carrying Snowden. As a result, the US seems to have put enough pressure on four European countries (France, Spain, Portugal, and Italy) to force that plane to land for refueling in a fifth country (Austria). There—again, US pressure seems to have been the crucial factor—it was searched under disputed circumstances and Snowden not found.

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Could the US Stop Another Edward Snowden?

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Who’s Paying for All This?

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WikiLeaks has stepped in to cover Edward Snowden’s bills, report Eli Lake and Miranda Green.

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Who’s Paying for All This?

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Who’s Paying for All This?

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