By curtailing the powers of the spy agencies, we could restore the internet to its original functionality and openness while maintaining the right to privacy and free speech – but maintaining a 20th-century copyright/IP model at the same time is impossible. Or we could give up our privacy and other civil rights to allow specific protected industries to carry on coining it in. A last option would be to switch off the internet. But that is not realistic: modern countries could not survive a day without the internet, any more than they could function without electricity.
As a society, we’re going through the painful realization that we can only have two out of the three options. Different corporatist interest groups would no doubt make different choices but, along with the vast majority of the people, I opt for the internet and privacy as both a free channel for communication and the free transfer of useful information.
Like any social change (the abolition of slavery, universal suffrage), this is also accompanied by heated arguments, legal threats and repression, and lobbyist propaganda. But historically, all this sound and fury will signify…precisely nothing. Maybe at some point, basic civil rights will make a comeback, upheld by the legislature and protected by law enforcement.
The choice is simple: internet, privacy, copyright. We can only choose two, and I know which I choose.
Even the former Stasi agent, despite his begrudging admiration, finds the US surveillance efforts troubling.
Schmidt, 73, who headed one of the more infamous departments in the infamous Stasi, called himself appalled. The dark side to gathering such a broad, seemingly untargeted, amount of information is obvious, he said.
“It is the height of naivete to think that once collected this information won’t be used,” he said. “This is the nature of secret government organizations. The only way to protect the people’s privacy is not to allow the government to collect their information in the first place.”
You can’t justify harvesting this much data if you’re not going to use it. And if you can’t find anything worth using it for, you’ll connect the all-important “dots” until it resembles something… anything. Anything that departs even minimally from the norm becomes suspicious. Using encryption? Probably a threat. Parking too far away from a hotel? Potential terrorist. Find the local water a little tough to drink? Let’s get that file started. Unwittingly engage an undercover FBI agent in conversation? Chances are you’ll soon be converted into a terrorist.
The US, after years of acting as the world’s policeman, has finally revealed itself to instead be the unmarked van that’s constantly parked just down the world’s street. (And the unexplained “clicking noise” on every US citizens’ phone call…) It has the sympathy of several of the world’s governments, many of which are directly benefitting from the US’s surveillance infrastructure or hoping to construct one of their own. But the citizens of the world are more wary, especially those that who’ve already been subjected to intrusive, non-stop surveillance by their own governments.
TPM is a chip that provides control over what software can or cannot run on the computer. The argument is that this provides a high level of user security and industry digital rights management. If only good software is allowed, bad software (such as malware and illegally downloaded videos and software) cannot run. The current version of TPM is selectable – the user can choose to opt in or opt out of its use.
The problem with version 2.0 is that it is controlled by the operating system and always on. German publication Zeit Online has seen a number of government documents that indicate growing concern among German federal agencies. The problem focuses on three issues: firstly, TPM 2.0 is default on; secondly, the user cannot opt out; and thirdly, it is controlled by the operating system – that is, Windows 8 and Microsoft.
Zeit quotes from a document produced by the Ministry of Economics as long ago as early 2012, which concludes, “The use of ‘trusted Computing’ technique in this form…is unacceptable for the federal administration and the operators of critical infrastructure.” The perceived danger is that Microsoft, a US company, could secretly be compelled either by existing or future US legislation, to hand the TPM keys over to the NSA. That would effectively be giving the NSA a permanent back door to all Windows 8 TPM 2.0 computers that could never be closed; nor even monitored to see by whom or when it was being used.
But Zeit suggests that the potential problems go even further. Quoting professor Rüdiger Weis from the Beuth University of Applied Sciences in Berlin, it suggests that the TPM keys could be intercepted in the country of chip manufacture – China. Theoretically, then, any user of Windows 8 with TPM 2.0 could be handing the computer’s entire contents to either or both the NSA and the Chinese authorities, without ever being aware of it.
I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision. I cannot.
This experience has taught me one very important lesson: without congressional action or a strong judicial precedent, I would _strongly_ recommend against anyone trusting their private data to a company with physical ties to the United States.
It was, in effect, a global expansion of the Stasi, the Ministry for State Security in the Stalinist “German Democratic Republic,” whose goal was “to know everything.” But the cellphones, fiber-optic cables, personal computers and Internet traffic the NSA accesses did not exist in the Stasi’s heyday.
As Snowden told the Guardian, “This country is worth dying for.” And, if necessary, going to prison for — for life.
But Snowden’s contribution to the noble cause of restoring the First, Fourth and Fifth amendments to the Constitution is in his documents. It depends in no way on his reputation or estimates of his character or motives — still less, on his presence in a courtroom arguing the current charges, or his living the rest of his life in prison. Nothing worthwhile would be served, in my opinion, by Snowden voluntarily surrendering to U.S. authorities given the current state of the law.
I hope that he finds a haven, as safe as possible from kidnapping or assassination by U.S. Special Operations forces, preferably where he can speak freely.
What he has given us is our best chance — if we respond to his information and his challenge — to rescue ourselves from out-of-control surveillance that shifts all practical power to the executive branch and its intelligence agencies: a United Stasi of America.
Just today, a New York Times reporter emailed me to ask about the IRS back payments. And the reporter from the Daily News sent another email asking about a student loan judgment which was in default over a decade ago and is now covered by a payment plan agreement.
So that’s the big discovery: a corporate interest in adult videos (something the LLC shared with almost every hotel chain), fabricated emails, and some back taxes and other debt.
I’m 46 years old and, like most people, have lived a complicated and varied adult life. I didn’t manage my life from the age of 18 onward with the intention of being a Family Values US senator. My personal life, like pretty much everyone’s, is complex and sometimes messy.
If journalists really believe that, in response to the reporting I’m doing, these distractions about my past and personal life are a productive way to spend their time, then so be it.
None of that – or anything else – will detain me even for an instant in continuing to report on what the NSA is doing in the dark.
Add to this all the other smear that has been thrown on Edward Snowden’s direction, and you got a very dirty negative campaign (( even by what i used to consider to be high quality news organs as the deceased, for me at least, Ars Technica )), either orchestrated by the Government and its current supporters, or simply by a very low-quality journalism that goes for the low-hanging fruit of the messenger instead of focusing on the hardships of covering the message.
It’s a shame where we are going. Western countries spying on everyone, asylum seekers from* the US and its Allies, dirty tactics that were used only in propaganda based governments of the fascist and soviet led eastern-block. And a present day journalism that’s not fit to even claim the name of its profession.
Guess we will see where it ends but my guess is the demise and social collapse of the US, and a major political realignment in Europe, probably with the separation of UK and continental Europe for good. The rest of world, however, will end up stronger, with a better image of itself and laughing all the way to the bank.
And why would they? Post-911 warrantless wiretapping practices are well known, NSA-style data collection was well-rumored, and we all knew the Department of Homeland Security was already scanning emails for red-flag keywords. Of course terrorists would take precautions. Bloomberg elaborates:
In a January 2012 report titled “Jihadism on the Web: A Breeding Ground for Jihad in the Modern Age,” the Dutch General Intelligence and Security Service drew a convincing picture of an Islamist Web underground centered around “core forums.” These websites are part of the Deep Web, or Undernet, the multitude of online resources not indexed by commonly used search engines.
In 2010, Google estimated that it had indexed just 0.004% of the internet—meaning the vast majority of the web is open for surreptitious message-sending business. Terrorists simply aren’t dumb enough to discuss their secret plans over Skype or to email each other confidential information on Gmail.
So, essentially, the NSA is deeply compromising our privacy so that it can do an extremely shitty job of looking for terrorists. Nice.
The National Security Agency and the FBI are tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio, video, photographs, e-mails, documents and connection logs that enable analysts to track a person’s movements and contacts over time.
The highly classified program, code-named PRISM, has not been disclosed publicly before. Its establishment in 2007 and six years of exponential growth took place beneath the surface of a roiling debate over the boundaries of surveillance and privacy. Even late last year, when critics of the foreign intelligence statute argued for changes, the only members of Congress who know about PRISM were bound by oaths of office to hold their tongues.
An internal presentation on the Silicon Valley operation, intended for senior analysts in the NSA’s Signals Intelligence Directorate, described the new tool as the most prolific contributor to the President’s Daily Brief, which cited PRISM data in 1,477 articles last year. According to the briefing slides, obtained by The Washington Post, “NSA reporting increasingly relies on PRISM” as its leading source of raw material, accounting for nearly 1 in 7 intelligence reports.
That is a remarkable figure in an agency that measures annual intake in the trillions of communications. It is all the more striking because the NSA, whose lawful mission is foreign intelligence, is reaching deep inside the machinery of American companies that host hundreds of millions of American-held accounts on American soil.
The technology companies, which participate knowingly in PRISM operations, include most of the dominant global players of Silicon Valley. They are listed on a roster that bears their logos in order of entry into the program: “Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, Apple.” PalTalk, although much smaller, has hosted significant traffic during the Arab Spring and in the ongoing Syrian civil war.
Dropbox , the cloud storage and synchronization service, is described as “coming soon.”
Stop using US based companies for your data. And start using encryption in every way possible.
There are two significant points to make from these events. First, it is remarkable how media reactions to civil liberties assaults are shaped almost entirely by who the victims are. For years, the Obama administration has been engaged in pervasive spying on American Muslim communities and dissident groups. It demanded a reform-free renewal of the Patriot Act and the Fisa Amendments Act of 2008, both of which codify immense powers of warrantless eavesdropping, including ones that can be used against journalists. It has prosecuted double the number of whistleblowers under espionage statutes as all previous administrations combined, threatened to criminalize WikiLeaks, and abused Bradley Manning to the point that a formal UN investigation denounced his treatment as “cruel and inhuman”.
But, with a few noble exceptions, most major media outlets said little about any of this, except in those cases when they supported it. It took a direct and blatant attack on them for them to really get worked up, denounce these assaults, and acknowledge this administration’s true character. That is redolent of how the general public reacted with rage over privacy invasions only when new TSA airport searches targeted not just Muslims but themselves: what they perceive as “regular Americans”. Or how former Democratic Rep. Jane Harman – once the most vocal defender of Bush’s vast warrantless eavesdropping programs – suddenly began sounding like a shrill and outraged privacy advocate once it was revealed that her own conversations with Aipac representatives were recorded by the government.
Leave to the side how morally grotesque it is to oppose rights assaults only when they affect you. The pragmatic point is that it is vital to oppose such assaults in the first instance no matter who is targeted because such assaults, when unopposed, become institutionalized. Once that happens, they are impossible to stop when – as inevitably occurs – they expand beyond the group originally targeted. We should have been seeing this type of media outrage over the last four years as the Obama administration targeted non-media groups with these kinds of abuses (to say nothing of the conduct of the Bush administration before that). It shouldn’t take an attack on media outlets for them to start caring this much.
Comencing immediately upon the 9/11 attack, the US government under two successive administrations has spent 12 straight years inventing and implementing new theories of government power in the name of Terrorism. Literally every year since 9/11 has ushered in increased authorities of exactly the type Americans are inculcated to believe only exist in those Other, Non-Free societies: ubiquitous surveillance, impenetrable secrecy, and the power to imprison and even kill without charges or due process. Even as the 9/11 attack recedes into the distant past, the US government still finds ways continuously to increase its powers in the name of Terrorism while virtually never relinquishing any of the power it acquires. So inexorable has this process been that the Obama administration has already exercised the power to target even its own citizens for execution far from any battlefield, and the process has now arrived at its inevitable destination: does this due-process-free execution power extend to US soil as well?
All of this has taken place with very little public backlash: especially over the last four years. Worse, it has prompted almost no institutional resistance from the structures designed to check executive abuses: courts, the media, and Congress. Last week’s 13-hour filibuster of John Brennan’s confirmation as CIA director by GOP Sen. Rand Paul was one of the first – and, from the perspective of media attention, easily among the most effective -Congressional efforts to dramatize and oppose just how radical these Terrorism-justified powers have become. For the first time since the 9/11 attack, even lowly cable news shows were forced – by the Paul filibuster – to extensively discuss the government’s extremist theories of power and to debate the need for checks and limits.
The primary means of mocking Paul’s concerns was to deride the notion that Obama is about to unleash drone attacks and death squads on US soil aimed at Americans. But nobody, including Paul, suggested that was the case. To focus on that attack is an absurd strawman, a deliberate distraction from the real issues, a total irrelevancy. That’s true for two primary reasons.
First, the reason this question matters so much – can the President target US citizens for assassination without due process on US soil? – is because it demonstrates just how radical the Obama administration’s theories of executive power are. Once you embrace the premises of everything they do in this area – we are a Nation at War; the entire globe is the battlefield; the president is vested with the unchecked power to use force against anyone he accuses of involvement with Terrorism – then there is no cogent, coherent way to say that the president lacks the power to assassinate even US citizens on US soil. That conclusion is the necessary, logical outcome of the premises that have been embraced. That’s why it is so vital to ask that.
To see how true that is, consider the fact that a US president – with very little backlash – has already asserted this very theory on US soil. In 2002, the US arrested a US citizen (Jose Padilla) on US soil (at the O’Hare International Airport in Chicago), and then imprisoned him for the next three-and-a-half years in a military brig without charges of any kind. The theory was that the president has the power to declare anyone (including a US citizen) to be an “enemy combatant” and then punish him as such no matter where he is found (including US soil), even if they are not engaged in any violence at the time they are targeted (as was true for Padilla, who was simply walking unarmed through the airport). Once you accept this framework – that this is a War; the Globe is the Battlefield; and the Commander-in-Chief is the Decider – then the President can treat even US citizens on US soil (part of the battlefield) as “enemy combatants”, and do anything he wants to them as such: imprison them without charges or order them killed.