Shin Bet Arrests Palestinian Journalist Returning from Egypt
By Richard Silverstein | Tikun Olam | November 9, 2013
Israel’s security services arrested Palestinian journalist, Mohammed Abu Khdeir, after he returned from a reporting trip to Egypt two days ago. Abu Khdeir, who reports for the Palestinian Al Quds and the Kuwaiti Al-Rai, was arrested at Ben Gurion airport when he arrived on a flight from Egypt.
News of his arrest is under Israeli gag. Abu Khdeir, as is common in security cases, has been denied any contact with his attorney. During this period, the Shabak commonly “works over” suspects for information, using abusive techniques like sleep deprivation and hours-long stress-inducing interrogation techniques. That is why it’s critical to spread word of his arrest.
The Israeli court system is complicit in this abuse and in this case a Beersheva court has granted the Shabak request for a gag and ordered him detained without charge until November 13th. It’s also usual in these cases for remand to be extended without any real oversight by the court. You can expect the suspect to be detained as long as the Shabak wants him there.
After examples of behavior like this, it should be no surprise that Israel’s rankings on world press freedom indexes are quite low. Unfortunately, one of the few ways to fight such outrageous violations of freedom of the press is to report them here.
It’s entirely possible that this arrest is based on sheer spite, and is certainly entirely arbitrary. A year ago, the Palestinian journalist embarrassed the Shabak by refusing to cover a Hillary Clinton press conference to which he’d been invited. The Shabak agents who provide “security” for such events, demanded only Palestinian journalists pull down their pants before entering the press venue. Abu Khdeir refused along with several others.
An unnamed Israeli official told FoxNews, apparently with a straight face:
…Israel is trying to provide the best possible security for Clinton and that similar procedures are used at Western airports and in secure facilities in Western capitals.
Last I checked, no Israeli reporters were forced to disrobe before entering the White House to cover Bibi’s press conferences. This is a clear case of Reporting While Palestinian. His recent arrest seems like a good example of payback.
The other possibility is that Abu Khdeir may’ve annoyed the Egyptian military junta during his visit by contacting figures from the Muslim Brotherhood. If he did so, Israel too would want to warn him that such contact with Islamists is considered an offense against Israeli state interests. Not that this is, or should be against the law. But when you’re Palestinian there doesn’t have to be a law. Shabak is the law. You may’ve done something wrong, you may’ve gazed a moment too long into the eyes of the security official at Ben Gurion. There doesn’t have to be a reason.
The only thing we can be thankful for is that Shabak didn’t kidnap him inside Egypt as they did recently in the case of a Gazan who disappeared there and turned up in an Israeli jail, where he presumably still sits. But they knew they didn’t need to since he was returning via Ben Gurion, where they could nab him.
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Data retention means you are on the record, like it or not
By Fiona de Londras, Durham University | November 6, 2013
Next month the advocate general of the Court of Justice of the EU (CJEU), Yves Bot, will publish an opinion on the extent to which the Data Retention Directive, one of the most controversial security measures introduced by the EU in the past decade, is compatible with human rights law. Although not a binding judgement (this will come later), the CJEU’s opinion is a significant intervention in the ongoing debate over how to balance human rights with states’ perceived surveillance needs.
The security-related retention of communications by telecoms firms was on the European agenda well before 9/11, but privacy concerns had led to a limited approach. Telecoms companies in the EU were obliged to delete communications data as soon as all business needs had been met; the data could not be retained for security or criminal investigation purposes. Some states had attempted to adjust this and introduce a retention system in 2000, but this failed – again, largely because of privacy concerns. All this changed, however, after 9/11.
As early as May 2002, a “data retention amendment” had been made to existing EU privacy laws to allow for security-related data retention, and drafts of a provision that would require retention began to circulate. Those proposals attracted so much rights-based criticism that they were apparently abandoned; however, they quickly reappeared in the wake of the London and Madrid bombings, and in 2006, the Data Retention Directive was adopted.
It obliges all member states to introduce national data retention regimes, even where -— as in the UK —- there had already been significant resistance to such regimes when they were previously proposed at national level. The directive requires telecommunications providers to retain data on the source, destination, time, date, duration and type of all communications by fixed and mobile telephone, fax and internet, and on the location and type of equipment used.
The data is to be retained for between six month and two years, with national law deciding on the duration, and can be accessed by state agencies investigating “serious crime” —- a term that has different definitions across the member states.
Blanket surveillance
The volume and extent of information retained under the directive is stunning; in effect, it has introduced a system of blanket surveillance across the entire EU. Although access to the information is regulated by law, state agencies can nonetheless access an enormous amount of information about our communications patterns and activities. This naturally raises serious human rights concerns, especially about privacy.
Security services insist that data retention is an indispensable tool for investigating serious crimes, such as terrorism and the production and distribution of child pornography. Yet different states make use of the Directive to wildly varying extents: in 2012, for example, Cyprus made 22 requests for access to data, while the UK made 725,467.
The question for the advocate general, the CJEU and the EU more broadly is whether or not the approach taken by the directive privileges perceived security needs over human rights. Data retention unquestionably constitutes a prima facie infringement on privacy; the real issue is whether this infringement is justified because it is necessary, effective, and limited. This question is at the core of all debates about “balance” in the security context: how far are we prepared to allow state power into our individual, family, social and democratic lives in order to “secure” us?
Answering this question requires us to decide on what we think “effectiveness” means in the context of security. If the directive helps to resolve a handful of serious crimes per year, or to prevent one terrorist attack, is it effective? Could a more limited approach -— such as requiring telecoms companies to collect data related to certain investigations but not to retain all data -— achieve the same security objectives while better protecting rights?
These are difficult questions, but they are ones we must resolve if we are to have a balanced security system. The advocate general’s opinion will be an important contribution to the debate, but it will not be the final word. Achieving a balanced approach to security requires critical scrutiny at practical, political, social and legal levels. This is all the more true given that, as the Data Retention Directive illustrates, security measures operate upon and have implications for the rights of all of us, all of the time.
Fiona de Londras is the Project Co-Ordinator of SECILE (Securing Europe through Counter-Terrorism: Impact, Legitimacy and Effectiveness), a project that has received funding from the European Union Seventh Framework Programme (FP7/2007-2013) under grant agreement n° 313195.
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This article was originally published at The Conversation.
Read the original article.
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- How to choose a VPN that actually protects your privacy – Abine (uwnthesis.wordpress.com)
Iranian channels targeted 66 times in 3 years: IRIB
Press TV – November 7, 2013
The head of the Islamic Republic of Iran Broadcasting (IRIB) says Iranian channels have been taken off air from 27 satellites 66 times over the past three years by those claiming to be the advocates of freedom of speech.
Ezzatollah Zarghami made the remarks in an interview with Iran’s Young Journalists’ Club (YJC) on Thursday.
Zarghami noted that in addition to this, the channels have been repeatedly blocked or distorted through jamming of their transponders.
“This is while the Islamic Republic of Iran has been falsely accused of jamming [foreign radio and TV broadcasts] and sometimes it is claimed that the source [of the jamming] is outside Iran,” he stated.
The head of the IRIB said that in the modern world the free flow of information and enlightenment by independent media cannot be blocked.
He noted that the move against the Iranian channels by those who claim to be the advocates of freedom of speech and free flow of information comes as thousands of TV and satellite channels are currently broadcasting their programs onto the Iranian territory.
Iranian channels have come under an unprecedented wave of attacks by European governments and satellite companies since January 2012.
They have been taken off the air in several Western countries, including Britain, France, Germany and Spain.
European companies say they are abiding by the US-engineered sanctions against Iran. However, Michael Mann, the EU foreign policy chief’s spokesman, has told Press TV that sanctions do not apply to media.
In June, in another illegal act against Iranian alternative channels, Intelsat said that it will no longer provide services to Iranian channels, including Press TV.
Press TV later learned that the Office of Foreign Assets Control (OFAC) — an agency of the US Treasury Department — was behind the pressure on Intelsat.
Media activists call the attacks on Iranian channels a campaign against free speech launched by the same European governments that preach freedom of expression.
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Senate committee approves funding for NSA, witch-hunt on leakers
RT | November 6, 2013
Congress has taken the first step towards expanding the abilities of the United States intelligence community by advancing a draft bill that will ensure the government’s spy budget stays intact into next year.
A Senate commitee approved the 2014 Intelligence Authorization Act during a closed door session on Tuesday, a bill that if signed into law will allow the US National Security Agency and other departments to keep receiving funding amid an international scandal that has caused calls for reform and even abolishment of the NSA both in the US and abroad in recent months.
Notwithstanding the backlash brought on by an array of secret NSA documents disclosed to the media by contractor-turned-leaked Edward Snowden since June, the Senate Intelligence Committee passed the draft bill by a 13-2 vote. Next, the full chamber will weigh in on the matter before it is reconciled with a sister act by way of the House of Representatives and sent to President Barack Obama to be signed into law.
If approved with all of its current provisions in place, the law will let the government continue to fund programs operated for purposes of counterterrorism and nuclear weapon proliferation prevention, authorizing initiatives within more than a dozen federal departments, including the NSA and others that deal in covert, intelligence-gathering operations.
In a press release issued Tuesday by the committee, however, its members also acknowledged that the bill expands certain intelligence community operations, including in particular the very programs enacted to prevent the unauthorized disclosure of classified information.
The bill, the committee wrote, “includes important provisions to enhance the conduct, accountability and oversight of the intelligence activities of the United States,” such as one intended “to protect against insider threats by adding necessary funds to deploy information technology detection systems across the intelligence community.”
The bill would also empower the Director of National Intelligence to “improve the government’s process to investigate . . . individuals with security clearances to access classified information,” while at same time “Instituting new statutory protections that protect the ability of legitimate whistleblowers to bring concerns directly to the attention of lawmakers, inspectors general and intelligence community leaders.”
Since the identity of the NSA leaker was revealed to be 30-year-old Edward Snowden, opponents of his actions have suggested that alternative, legal routes to questions the intelligence community’s tactics could have been taken, such as appealing to an inspector general. History, however, suggests that recent whistleblowers before him had a nearly impossible time doing as much, including Thomas Drake, a former senior NSA executive who was charged under the Espionage Act after he attempted to draw attention to waste, fraud and abuse within his agency years earlier. Speaking at an anti-NSA rally in Washington last month, Drake told a crowd of a couple thousand, “Any domestic surveillance legislation must include whistleblower protection for the credibility and enforcement of any reform effort, otherwise secrecy enforced by repression will turn into a faux reform passed into simply an honor system” for the NSA.
In a statement released on Tuesday, Committee Vice Chairman Saxby Chambliss (R-Georgia said, “This year’s intelligence authorization bill achieves both objectives by providing clear guidance and appropriate resources to the intelligence community, while enhancing the committee’s oversight of vital intelligence activities.”
If signed into law, the act will allow for funding to continue with regards to a number of intelligence-gathering operations conducted not just by the likes of the NSA, but also the Central Intelligence Agency, the Office of the Director of National Intelligence and the Departments of Defense, State, Treasury, Energy and Justice, among others.
Rousseff slams US failure to apologise over spying
BRICS POST | November 7, 2013
Brazilian President Dilma Rousseff said Wednesday that Washington’s refusal to tender an apology for the spying led to her cancelling her crucial state visit to the United States.
“I was going to travel. We said there was only one way to solve the problem, and it was an apology for what happened and a promise that it would not happen again,” she said in a local radio interview.
The trip was initially scheduled to begin on October 23.
The lack of apology from Washington created an impasse, she said, adding that she did not want to run the risk of having a new spying scandal break during her visit, which would be an embarrassment for both sides.
Rousseff also reiterated her charges against the US, saying the NSA surveillance program is economic espionage borne out of commercial and strategic interests.
She said reports of the NSA intercepting communication of state-oil giant Petrobras have belied US claims of the PRISM program being directed to thwart terrorism.
In Wednesday’s interview, Rousseff also responded to a recent story in the Brazilian daily Folha de Sao Paulo, accusing Brazil’s intelligence agency of spying on diplomats from Russia, Iran and Iraq in 2003 and 2004.
She said the agency’s operations did not involve privacy violations as no phone calls or emails were tapped.
Rousseff had attacked the United States in her opening speech at the United Nations General Assembly (UNGA) in September.
“Brazil, Mr President, knows how to protect itself. We reject, fight and do not harbour terrorist groups,” she said.
“As many other Latin Americans, I fought against authoritarianism and censorship and I cannot but defend, in an uncompromising fashion, the right to privacy of individuals and the sovereignty of my country,” she added.
Earlier on Tuesday Brazil made public a draft bill that will allow the government to prevent internet companies like Google and Facebook from storing data about Brazilian citizens outside the country.
Simultaneous revelations regarding the UK embassy housing a secret listening post in Berlin made Germany summon the British Ambassador to respond to the allegations.
With inputs from Agencies
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As Rest Of The World Considers Cutting Back Aggressive Surveillance, New Zealand Legalizes Massive Spying
By Mike Masnick | Techdirt | November 6, 2013
The ongoing release of various leaks from Ed Snowden have drawn lots of attention and criticism of the activities of various parties in the intelligence community — especially those who partner closely with the NSA, the so-called “Five Eyes” countries: US, UK, Canada, Australia and New Zealand. And while there appears to be real momentum in the US behind limiting this surveillance, apparently New Zealand has decided to go in the other direction, and has passed a very broad new snooping law that will force telcos to basically hand over everything to various intelligence agencies.
The technical Telecommunications Interception Capability and Security Bill will compel telecommunication firms to assist intelligence agencies in intercepting and decrypting phone calls, texts and emails.
Critics say the bill is authoritarian, limits internet freedom and impinges on privacy and civil rights. The Government says it is necessary to replace a decade-old law to keep pace with technology.
We had mentioned this bill back when it was proposed earlier this year (before all the Snowden stuff went down). Given just how much outrage there is around the world about this kind of activity, it’s fairly incredible that the New Zealand government just pushed ahead with it, as if there wasn’t a giant public discussion going on. Oh, and the new legislation also lets New Zealand’s GCSB spy on New Zealanders as well. Until now, its surveillance had been technically limited to foreigners, though they did spy on New Zealanders many times. Rather than push back on the GCSB for this illegal spying, it appears that the New Zealand Parliament just decided to legalize the practice. Shameful stuff.
Bahraini court sentences four activists to life
Press TV – November 3, 2013
A court in Bahrain has sentenced four anti-regime activists to life in prison and six others to 15-year jail terms, as the country’s prosecutors begin interrogation of opposition leader Sheikh Ali Salman.
Bahraini opposition sources said on Sunday that the activists were handed prison sentences for taking part in anti-regime protests.
Earlier this week, ten protesters were also imprisoned over similar charges.
The court rulings are issued at a time when Bahraini regime forces have intensified their crackdown on opposition leaders.
Reports say the Manama regime has begun the interrogation of Sheikh Ali Salman, the secretary-general of the main opposition group, al-Wefaq.
The Saturday summoning of Sheikh Salman sparked protests across Bahrain.
The demonstrators expressed solidarity with the al-Wefaq leader.
The Bahraini opposition group believes the summoning of Salman “to be part of the political blackmail and revenge against the peaceful opposition that is asking for democracy.”
The Manama regime is under fire for its heavy-handed crackdown on protests.
On October 30, Bahraini regime forces stormed and shut down an exhibition, dubbed the revolution museum, which was opened by al-Wefaq.
The party says it will lodge a complaint with the United Nations over the raid on the exhibition, which had been organized in an effort to portray the brutal regime clampdown on peaceful protests.
In September, Wefaq’s deputy leader, Khalil al-Marzouq, was arrested on charges of “inciting protests” against the ruling Al Khalifa family. The opposition party said the detention was “a clear attack on political activism in Bahrain.”
Scores have been killed, many of them under torture while in custody, and thousands more detained since the popular uprising began in Bahrain in early 2011.
Ex-DHS Director Michael Chertoff: The Public Spying On Famous People With Their Smartphones Is A Bigger Issue Than NSA Spying
By Mike Masnick | Techdirt | November 1, 2013
Former director of Homeland Security (and current profiteer off of any “security” scare) Michael Chertoff has penned quite an incredible op-ed for the Washington Post, in which he argues that the real threat to privacy today is not the NSA spying on everyone, but rather all you people out there in the public with your smartphones, taking photos and videos, and going to Twitter to post things you overheard more important people say. Seriously. It starts out by claiming this is a “less-debated threat”:
So it is striking that two recent news stories illustrate a less-debated threat to privacy that we as a society are inflicting on ourselves. Last week, a passenger on an Acela train decided to tweet in real time his summary of an overheard phone conversation by Gen. Michael Hayden, a former director of the National Security Agency (NSA) and the CIA (and my current business partner). The same day, a photo was published of Maryland Attorney General Douglas Gansler at a summer party where he was surrounded by underage youths who apparently were drinking.
But he then goes on to argue that this kind of thing is more troubling than the NSA revelations, which Chertoff suggests is no big deal:
Of course, the delicious irony is obvious: In one case, the former NSA chief becomes a victim of eavesdropping. In the other, a politician critical of teen drinking fails to intervene when he is surrounded by it. But both stories carry a more troubling implication. The ubiquitousness of recording devices — coupled with the ability everyone has to broadcast indiscriminately through Twitter, YouTube and other online platforms — means that virtually every act or utterance outside one’s own home (or, in Gansler’s case, inside a private home) is subject to being massively publicized. And because these outlets bypass any editorial review, there is no assurance that what is disseminated has context or news value.
It would appear that Chertoff seems to believe that there should be no expectation of privacy for the things you actually do in private — generating metadata about who you call, where you go, what websites you visit, etc. But, stuff that you actually do in public should never be “broadcast” because it might embarrass famous people.
And, yes, it’s the famous people being embarrassed that seems to most concern Chertoff:
If a well-known person has an argument with a spouse or child at a restaurant, should it be broadcast? If a business personality expresses a political opinion at a private party, should that opinion (or a distortion of it) be passed on to the rest of the world? If a politician buys a book or a magazine at an airport, should a passerby inform everyone?
See? Think of those poor well-known people, having people telling others about what they do. What a shame! Incredibly, he argues that it’s this exposing of the public actions of famous people that creates real chilling effects — and not the NSA’s spying, which he calls “exaggerated.”
Are we creating an informant society, in which every overheard conversation, cellphone photograph or other record of personal behavior is transmitted not to police but to the world at large? Do we want to chill behavior and speech with the fear that an unpopular comment or embarrassing slip will call forth vituperative criticism and perhaps even adversely affect careers or reputations? Do we need to constantly monitor what we say or do in restaurants, at sporting events, on public sidewalks or even private parties?
I don’t know what clueless PR flack thought this was a good strategy, but the clear connotation is hard to miss: Look, we the powerful people get to spy on everyone, but the second you turn the tables and spy on us and the things we do in public, what a horrible shame! Something must be done!
Britain’s GCHQ shepherding mass surveillance operations throughout Europe
RT | November 2, 2013
British intelligence agency GCHQ has helped counterpart entities in France, Germany, Spain, and Sweden develop methods of mass surveillance of internet and phone traffic in the last five years, a new report reveals.
Documents supplied by former National Security Agency contractor Edward Snowden to the Guardian show the UK Government Communications Headquarters’ (GCHQ) enormous influence throughout Europe. The documents detail how the agency developed and promoted spying processes, built relationships with telecommunication companies, and evaded national laws that constrain the surveillance powers of intelligence agencies.
In the wake of outrage expressed over the past week across Europe regarding newly exposed NSA surveillance of European countries – including intercepted communications and the monitoring of phones belonging to officials such as German Chancellor Angela Merkel – documents released Friday by the Guardian show major European countries’ culpability in mass surveillance efforts shepherded by the GCHQ.
The GCHQ is part of the ‘Five Eyes’ intelligence-sharing partnership between Australia, Britain, Canada, New Zealand, and the United States.
US intelligence officials said the monitoring that received so much indignation from powers like Germany and France was carried out by those countries’ own intelligence agencies and later shared with the US.
In June, the Guardian revealed the GCHQ’s Tempora program, in which the agency tapped into transatlantic fiber-optic cables to execute bulk surveillance. Germany’s justice minister, Sabine Leutheusser-Schnarrenberger, said at the time that the program sounded “like a Hollywood nightmare” and warned that free societies and actions hidden under “a veil of secrecy” are not compatible.
A nation-by-nation scorecard
In a 2008 survey of European partners, the GCHQ marveled at Germany’s capabilities to produce Tempora-like surveillance. The British service said the Federal Intelligence Service (BND) had “huge technological potential and good access to the heart of the internet – they are already seeing some bearers running at 40Gbps and 100Gbps.” The term ‘bearers’ refers to the fiber-optic cables. Gigabits per second (Gbps) measures the speed at which data runs through them.
The documents also show the British were advising German counterparts on how to change or evade laws that restricted advanced surveillance efforts. “We have been assisting the BND (along with SIS [Secret Intelligence Service] and Security Service) in making the case for reform or reinterpretation of the very restrictive interception legislation in Germany,” the survey says.
The report also lauds the GCHQ’s French partner, the General Directorate for External Security (DGSE), especially for its cozy relationship with an unnamed telecommunications company.
“DGSE are a highly motivated, technically competent partner, who have shown great willingness to engage on IP [internet protocol] issues, and to work with GCHQ on a ‘cooperate and share’ basis.”
The GCHQ expressed desire to benefit from the DGSE’s relationship with the company.
“We have made contact with the DGSE’s main industry partner, who has some innovative approaches to some internet challenges, raising the potential for GCHQ to make use of this company in the protocol development arena.”
The GCHQ’s work with its French counterpart led to improved capabilities to carry out bulk surveillance, despite growing commercial emphasis on encryption.
“Very friendly crypt meeting with DGSE in July,” British officials said. French intelligence officials were “clearly very keen to provide presentations on their work which included cipher detection in high-speed bearers. [GCHQ’s] challenge is to ensure that we have enough UK capability to support a longer term crypt relationship.”
New opportunities in future partnerships
GCHQ ties to Spain’s intelligence service, the National Intelligence Centre (CNI), were bolstered by Spain’s connections to an unnamed British telecom company, giving them “fresh opportunities and uncovering some surprising results.
“GCHQ has not yet engaged with CNI formally on IP exploitation, but the CNI have been making great strides through their relationship with a UK commercial partner. GCHQ and the commercial partner have been able to coordinate their approach. The commercial partner has provided the CNI some equipment whilst keeping us informed, enabling us to invite the CNI across for IP-focused discussions this autumn,” the survey said. It reported that the GCHQ “have found a very capable counterpart in CNI, particularly in the field of Covert Internet Ops.”
When Sweden passed a 2008 law allowing its National Defence Radio Establishment (FRA) to execute Tempora-like surveillance via fiber-optic cables, the GCHQ said in the report that “FRA have obtained a…probe to use as a test-bed and we expect them to make rapid progress in IP exploitation following the law change.” The GCHQ went on to express delight in future partnerships with FRA after the law passed.
The survey found strong ties between the GCHQ and Dutch external and internal intelligence services MIVD and AIVD, respectively.
“Both agencies are small, by UK standards, but are technically competent and highly motivated,” British officials said.
The GCHQ also helped AIVD in handling legal constraints to spying.
“The Dutch have some legislative issues that they need to work through before their legal environment would allow them to operate in the way that GCHQ does. We are providing legal advice on how we have tackled some of these issues to Dutch lawyers.”
Contrary to the other nations’ positive marks, the GCHQ country-by-country scorecard shows Italy’s intelligence agencies to be riddled with internal strife.
“GCHQ has had some CT [counter-terrorism] and internet-focused discussions with both the foreign intelligence agency (AISE) and the security service (AISI), but has found the Italian intelligence community to be fractured and unable/unwilling to cooperate with one another,” the report said.
A follow-up six months later noted the GCHQ still saw legal constraints in Italy as hampering AISI’s ability to cooperate.
This latest disclosure calls into question how involved the countries were in the overall surveillance of global citizens and world leaders led by the NSA and GCHQ.
The NSA Killed the Radio Star and American High Tech
By Richard Silverstein · Tikun Olam · November 2, 2013
While I don’t pretend to be a technical expert, it seems clear to me that one of the major pieces of collateral damage regarding the NSA spying scandal is the savaging that the American technology industry has taken. Though they initially denied it, it became apparent that companies like Twitter, Facebook, Google, Microsoft, Yahoo and others essentially rolled over and played dead in the face of Justice Department and NSA directives that they essentially unlock their data for inspection. Later it became clear that the government didn’t really need these data dumps, it could invade the company servers and sift through data at will.
Now these same companies are telling us that they’ll regain our trust by encrypting their data so that it can’t be hacked by NSA snoops. Such encryption is not going to be an effective tool if the NSA retains the same privileges it’s had to subpoena any data at any time for any person it wishes. In such cases, the only thing standing in the way of wholesale exposure of virtually every secret is a toothless FISA court which never questions a subpoena or prevents any spying.
The only benefit to encryption is that it will make it harder for the NSA to collect the reams of data which it sifts through in order to decide which individuals’ records it wants to subpoena. But given the creativity and ingenuity of NSA spooks, you can be sure they’ll discover a way to circumvent even this obstacle.
There is a certain attraction for the average NSA hacker to et everything they can; to open all possible doors; to pry into every possibly nook and cranny. That’s what spooks do. You can’t blame them for that. But you can blame the executive branch and legislators who were supposed to exercise oversight and, with a few exceptions like Marc Udall and Ron Wyden, abdicated their constitutional responsibility. 9/11 made them all go soft in the head.
Now even Rep. James Sensenbrenner, one of the chief architects of that foul piece of legislation called the USA Patriot Act, seems to have second thoughts. He’s gone so far as to call the actions of the NSA “criminal.” But is it too late? Once the NSA let the horse out of the barn, how will the U.S. technology industry get it back in?
These companies, the backbone of the U.S. economy, have shown themselves to be at the beck and call of the government. The trust we customers placed in them to protect our security has been savaged. Does anyone believe anything Mark Zuckerberg, Steve Ballmer, Larry Page or Sergey Brin say on this subject? Frankly, I think they can’t regain that trust no matter what they do.
The NSA has torn a hole in the high tech industry big enough to drive a super computer or Mack truck through. Countries like Brazil and others are already developing competing systems that will not be subject to the intrusive scrutiny of the NSA. Will any American want to maintain telecommunications accounts with U.S. companies?
If we lose the edge we’ve had in such technological development over the past 60 years, we will lose a huge sector of U.S. commercial innovation. We will hurt our economy, lose jobs, and slow the pace of development in our own country. In a strange and ironic way, NSA spying may ultimately hurt the U.S. and our national security.
An equally damaged victim of NSA spying has been our formerly warm relations with allies like Berlin, France, German, Mexico and Brazil. One must ask: was the benefit of whatever was learned by hacking the phones of their leaders worth the years of damage and mistrust that will ensue from this mess? Further, one has to marvel at the hubris of U.S. spymasters who believed that their massive House of Spies would never be exposed. As a result of Edward Snowden’s revelations the House of Spies has become a House of Cards.
In addition to all the nations with whom we’ve had tense of even hostile nations over the last decade or so, now we have to add allies who have lost trust in us.
I am delighted to learn that attitudes in the international community toward Snowden are gradually changing. With every new insult to the national pride of these countries with further NSA spying charges, more people find Snowden’s work admirable. German legislators met with him over the past few days to determine whether he can travel to German to testify before the Bundestag about the hacking of Prime Minister Merkel’s cell phone. If they find a way to bring him to Germany, I fear the cat will be out of the bag. As long as the U.S. could confine him to countries like China or Russia, with whom we have tense or hostile relations, Obama could dismiss Snowden as a crank. But once he begins spilling his guts before national legislatures of U.S. allies, he becomes a technological Robin Hood.

