World States of Surveillance

Updated Below!!!

There are so many issues around to be concerned about.  There's the situation in the Middle East and the plight of Americans in Yemen who have been abandoned by their own country.  There is the situation of migrants seeking to better their lives with perilous trips across the Mediterranean.  There is economic inequality here at home as well as plenty of issues based on race, class and the justice system.   Sometimes I feel as though we are having to address so many problems that it can be overwhelming.

In this post,however, I do want to concentrate on issues of mass surveillance, a very important issue that hasn't gone away.  Quite the opposite.

When this article was posted, Canada was on the verge of adopting some very troubling anti-terror legislation called C-51.  From the article:  "Critics of the legislation say the imminent law gives Canadian spies sweeping new powers to investigate and disrupt broadly defined threats to public safety, with language that makes no distinction between terrorist plots and legitimate political protests and demonstrations. At the same time, it neglects to provide any increased oversight of the country’s vastly empowered chief spy agency, the Canadian Security and Intelligence Service."

The article also describes the legislation as having a wide and diverse group of opponents and said public opinion about it had been souring.  You can read here an open open letter which was written by law professors urging the Canadian Parliament to reject this legislation.

And over in France, the anti-trerrorism bill proposed in the wake of the Charlie Hebdo attack has passed lower House of the French Parliament. The vacuuming up of data and the warantless spying with - basically no oversight -  that this would authorize do indeed sound Orwellian.

Then there's German Chancellor Merkel.  Just check out her first remarks about recent revelations of Germany spying on European officials and businesses.  "And this ability to carry out its duties in the face of international terrorism threats is done in cooperation with other intelligence agencies, and that includes first and foremost the NSA."  Can this be the same person who was quite indignant when it was revealed the NSA spied on her?

Now speaking of the good ol' NSA, The Intercept has a very revealing article about this nefarious agency and its exploits with voice to text.  Oh yes, just imagine the NSA searching through a text of your last phone conversation.  Creepy doesn't begin to describe it for me.

And this is all in spite of the fact that all this mass surveillance has been shown to be ineffective in protecting us against real threats.  This is in spite of the fact that, as is noted by critics, that definitions have been drawn so broadly that anyone could be (if not already) made a target.  This is in spite of the fact that such spying with so little, if any, oversight and privacy protections make it ripe for abuse (see excerpt about Canada's C-51 above).

As the Freedom Act gets debated here(and the privacy/civil liberties community is split as to it having ANY merit), and as HR1466 also gets considered (see this post), we need to be aware and to keep pressure up tor real reform and pushback against the surveillance apparatus.  We need to speak up and to speak up NOW!

UPDATE:  A three judge Federal Appeals Court Panel has ruled mass phone surveillance by the NSA illegal and sent the case back to District Court level for further proceedings...  Read about the decision here.  Small victory, but we'll take it!

Hall of Shame

Well, I alluded to this in my last post, so here it is.  My effort to shine a glaring light on some shameful darkness.  Therefore, I present the following 'Hall of Shame' exhibits:

• Hall of Shame - Intolerance Division:  Indiana gets a law allowing discrimination  - Once this door is open, who knows whatever groups could be targeted next for what is indeed discrimination.  Did Hoosiers miss the memo about the meaning of the Civil Rights Movement?  I wonder if there will be some movement to challenge this or repeal it.  Or maybe boycott Indiana events?  Anyone and everyone involved should be ashamed.  UPDATE:  There are calls to boycott.  But believe it or not, 18 other states have similar laws.  As does the federal government.  Read more here -  the article has a link to a WaPost article about the various states and these laws.
• Hall of Shame - Who's Above the Law Division:  Glenn Greenwald nailed this story of a court case most of us probably have never heard of.  The ruling:  the gov't intervened - in a private and secretive session with the judge - to stop a private lawsuit on grounds of "national security."  We have NO idea of the nature of the 'threat' or even the agency which felt 'threatened' - yes, that's all been made secret.  The DOJ and the judge should be ashamed.
• Hall of Shame - NSA Continued Overreach Division:  Maybe you've heard of CISA.  Beware, though - this sounds like a bad idea.  Trevor Timm reports it's really a surveillance bill.  For more details, you can check out Marcy Wheeler's take on Emptywheel blog.  The NSA should hang up its intrusive snooping in shame. 
• Hall of Shame - Continuing Shame Division: Gitmo.  That place needs to be closed and the detainees either released or charged and given more humane conditions and access to due process.  We've made mention of Guantanamo Diary here before.  Here's another story of a detainee.  The U. S. should stop this continuing source of shame.
• Hall of Shame - Unconscionable Division: Read about a proposal in CA seeking to get to the signature-gathering stage.  I can't bring myself to type the horrible idea it espouses.  I don't recommend reading the comments to the op-ed link, though - I scanned some and some were pretty intolerant.  There is also a link to a previous article - general news about the controversy.  The originator of the petition should be "run out of town" in shame.  I have no idea how anyone could advocate such a petition and still call him or herself a human being.  I really hope a judge quashes it or the AG follows author Thrasher's recommendation.

Now that we've visited the 'Hall of Shame" - maybe we should say a cleansing prayer to dispel the gloom and drive the forces perpetuating such atrocities into retreat:

A Cleansing Prayer

Heavenly Father:
Cleanse our hearts,
Clear our minds,
And purify our spirits;
Show us better ways
Of promoting general welfare
And securing the blessings of liberty for all
Show us more positive ways of relating to one another
So that we may truly walk together on this journey.
Amen.
 

Stunning Revelations

More stunning revelations of NSA and GCHQ spying are detailed at The Intercept in a new article.

From Snowden documents, the article covers the dragnet of NSA and GCHQ's "Treasure Map," specifically tech firms targeted in Germany.  The focus is on one such firm, Stellar PCS   The article includes a fine video of Stellar leaders reacting to the documents.

In case you think this is just a problem for the German firms, THINK AGAIN.  From the article:

"Treasure Map is a vast NSA campaign to map the global internet. The program doesn’t just seek to chart data flows in large traffic channels, such as telecommunications cables. Rather, it seeks to identify and locate every single device that is connected to the internet somewhere in the world—every smartphone, tablet, and computer—”anywhere, all the time,” according to NSA documents."

Read the story here ----- and please disseminate this info to your contacts! This deserves wide attention.

It's Been Over a Year Now...

It certainly hasn't gone unnoticed that it's been one year (yesterday) since the first disclosure from Edward Snowden.  In his recent interview with Brian Williams and in his videos and statements, he comes across as thoughtful, eloquent, and very poised.  I applaud his courage in upending his life to make us aware of what was being done in our name to us!  Sorry that I didn't commemorate this on the exact date, but then again I'm not always the most punctual person on the planet :-)  So here goes:

                   A Year's Gentle Flurries

            Snow falling on secrets
            Flake by crystalline flake
            Revealing the spider's web
                   .......dedicated to Edward Snowden

More Intrusions

This story seems to have gotten lost in the larger shuffle, but the NYT published a major story this weekend.  The NSA is collecting millions of images for a facial recognition program.

The NPR article has an overview and a link to the NYT article.  The photos come from e-mails, texts, social media, videoconferences and other digital sources.  It also seems that law enforcement is being encouraged to create or access programs using facial recognition and/or other biometric data.

This should trouble all of us.  In the article you can read of concerns of the reliability of facial recognition.  Please make note that photos are also being linked to other data about the person.  Doesn't anyone else find this even a bit chilling?

So when is enough spying enough?  Will we ever be able to reign in such intrusions?  Will our voices be heard?  I'm not sure but I really hope so.

The Sad State of Affairs of our "News Media"

Well, took a bit to get this into my blog, but it has really steamed me.  I first heard about it via Glenn Greenwald's twitter feed.


What happened was that on MSNBC, while interviewing a Congresswoman about the NSA and the recent critical report, MSNBC and Andrea Mitchell interrupted the interview with - news of Justin Beiber's arrest and court hearing.  Yes, that's right.  You can easily find the video online - here's a good one.


First - are Americans so apathetic and dumbed down that we actually consider Bieber to be more important than the NSA scandal?  Well, looks like MSNBC thinks so.  And look at most of the news programs... too much "pop culture", celebrity scandals (they were all over the 'Duck Dynasty' controversy) and such.  I don't know if there has been any dedicated program which has really looked at the issues involved with the NSA spying.  And as I may have said before on this blog, I can remember a dedicated news program about the Pentagon Papers with reporters giving  the arguments for both the NYT and WP and also the government.  Where is that coverage today?


Second - I wondered about this and some commenters on different uploads of the MSNBC video did as well - was this really to be a distraction from the issue at hand?  I wondered about this particularly since the report they were talking about was critical of the NSA. 


So people - wake up!  Demand decent coverage of this and other critical issues.  Search for good information.  I know that can be hard to find, but search we must.   And let's get our priorities straight and insist the news media get theirs straight as well. 

Smoke and Mirrors

No, I didn't watch Obama's speech outlining WH reaction to reports prompted by NSA spying revelations.  I'm not disappointed I missed it.


I wasn't expecting much in the way of meaningful reform (I was wishing anyway, though) and what was posited was pretty cosmetic and had no real teeth. For a good analysis, read Glenn Greenwald's article for The Guardian here.  He did a fine job and it was good to see him writing at The Guardian. 


Take some time and peruse the comments, too.  Some of them are quite good.  One poster wanted to know what we can do. First, people need to wake up.  As I've said many times, I cannot believe there's no great outrage about this.  Second, there needs to be some way to collectively organize to really have an effect.  We must not let the issue "go away."  We must let them know we will not be satisfied with cosmetic reforms, but only with real change and real privacy protections. 


I've always believed in prayer and that might be a good start.  But let's remember a saying of my one (late) office mate.  He was also an ordained minister and he would say, "You have to put feet on your prayers."  in this case, we definitely need to find ways to do that.

An Open Letter to Federal Judge William Pauley III

There are hardly words to express how appalling I find your ruling that NSA bulk spying is legal and constitutional.

I'm tempted to ask if you've been living in a cave.  If you've read anything about the NSA spying revelations from documents provided by whistleblower Edward Snowden, you should have plainly seen that these programs are not about anti-terrorism, but about control and economics.  A private citizen doing what they've been doing would probably be accused of stalking, at the very least.

When you took office, did you not swear to defend our Constitution?  It seems that now you're intent on shredding it.  You seem to be disdainful of privacy.  Privacy is what makes our society and our democracy work.  It is vital for humans, for citizens! I think you've forgotten that you're supposed to serve us - "We, the People" - remember?

I, for one, am furious that the NSA is doing this.  I think of all of those tax dollars spent on spying when there are so many better uses for them.  I am furious that we are all considered targets - with no probable cause.  And I am furious that we're not all marching in the streets; don't people see through that "anti-terrorism" propaganda?

I hope that groups and individuals will stay strong and on the case.  We must let everyone know we are not in the least happy with what has been done in secret in our names. Shame on you for not standing up for the privacy rights of ordinary citizens; something even the U. N. is beginning to recognize.  Shame on you for buying NSA propaganda.  And shame on you for not standing up for our Constitution and laws.

Great Ruling

I'm somewhat buoyed by the ruling today by Federal Judge Richard Leon.  In it he says the bulk collection of phone record metadata by the NSA is more than likely unconstitutional - a violation of the 4th Amendment!

Here is a link to The Guardian article on this important story.  Judge Leon describes the technology involved as "almost-Orwellian."  He also expressed doubts about the efficacy of such a program.

Edward Snowden hailed the decision (see here), as have some in Congress and spokespeople for civil liberties groups. Add me to the list!  This is an important first step in regaining some sanity in to privacy practices.

But that's what it is, of course, a first step.  This case and others must work their way through the courts.  We, in the meantime, must continue to be vigilant, let them know we are still watching, and let them know we are looking for meaningful action on this.

Still today, hats off to a courageous Federal Judge.  God bless you and protect you. 

A Must Read from Edward Snowden

I fairly regularly follow The Guardian's coverage of the NSA spying story and Edward Snowden. 

They have a "blog" going now covering NSA/Snowden related developments.  If you visit the link and scroll down to the section marked 11:07 AM BST and marked with the title: "Snowden: Economies Are Built On Creativity, Curiosity, and Privacy." you will be able to read his statement read at the meeting of the European Parliament Committee on Civil Liberties, Justice and Home Affairs. There is also a video of his statement being read by a Ms. Radack.

The link:  Guardian NSA Blog

There's quite a bit in their NSA files section and Greenwald's commentary series.  I encourage you to browse them and stay informed!

Oh, My, WHAT is going on???

I follow developments in the NSA spying scandal, of course, and there always seems to be a new outrage.

I would recommend that everyone follow this story, get informed, and press for serious reforms.  Again, probably the best place to start is The Guardian online site.

The latest incident happened just this past weekend when security at Heathrow Airport detained David Miranda, the partner of journalist Glenn Greenwald who broke the NSA story and continues to report on it.  Supposedly, he was detained using a terrorism law, but it seems clear he was involved in NO terrorist activity.  In fact, in his interview at The Guardian site, he says he was interviewed about the NSA/Snowden story, Greenwald, and Laura Poitras (who is doing documentary on the subject.  Definitely NOT terrorism.  Also it has come to light that GCHQ personnel destroyed computers in The Guardian's basement  in an attempt to stop reporting on Snowden's leaks and NSA (and GCHQ?) spying.  You can read about that (and Miranda's detention) here .

We all should be outraged that Freedom of the Press is under such severe attack.  We must start standing together to support real journalism, and to work to defend our liberties.

Stand Up Against Spying

I know it's been quite a while since the last post, so I hope some of you are still out there. It's been a very hectic spring and things are just slowing down enough for me to vent about the latest outrage, the fact that the NSA has collected phone records on millions of Americans.

What kind of country are we becoming? Sometimes I feel like shouting to people: Why aren't you outraged? Why don't you see the dangerous road we're headed down when privacy and civil liberties are given such little regard? I just don't understand why we're letting our officials get away with this. War on terror? Homeland Security? I don't buy it for one moment. Anyone still under the illusion that the administration really wants to protect us better remember that proposed Dubai Ports deal.

Yes, this collection of phone records should have every single one of us infuriated. Even if no names were given the NSA, they would be easily figured out, according to experts. And once that happens, they could find out lots and lots about you (or yours truly - that I most frequently call my friend, my cousin, and my place of employment). OK so I'm law abiding and my life is rated probably - well, let's just say that it's NOT rated R - but that's not the point. The point is that the government should have NO business snooping on law-abiding citizens, with no suspicion the specific person has done anything wrong, without a warrant or any kind of court order.

We all need to stand up and to urge Congress to stand up and demand an end to such practices. You can go to the ACLU website and sign a petition to the phone companies to tell them to stop cooperating with the program (I did and I also wrote directly to my phone company, Verizon). The site also has a link to find the phone numbers of your Senators. They suggest you call them and urge them to cut funding for this program until more answers are forthcoming. They also suggest you urge them to oppose S. 2453 and S. 2455 which would effectively reward this highly questionable program.

Please take action; we can not just stand by and be apathetic. We must stand up for civil liberties NOW.

The Domestic Spying Outrage

I am thoroughly outraged by the recent uncovering of domestic spying by the NSA. I am even more outraged by Bush's defense of this as necessary for the war on terrorism. I don't buy that for a second. I feel it is disgraceful for him to always use the "war on terrorism" as some smoke screen for trampling on civil liberties and privacy.

First, I don't believe that we should ever compromise civil liberties for some claim of helping national security. I am stunned that this administration continually tries to circumvent our Constitution and the separation of powers. It is especially troubling in this case as there is no reason for them not to follow the law. The Foreign Intelligence Surveillance Act even allows for immediate emergency taps for 72 hours before getting court approval. Surely this is not so burdensome that the NSA can't comply. Second, there appears to be some doubt that the program is even effective. A New York Times article says that the NSA provided the FBI with literally thousands of names and contacts that led to innocent citizens or dead ends.

We need to let Congress know that it needs to provide more oversight of this agency. We need Congress to insist that the President and the Executive Branch adhere to the laws of the land. NO ONE should be above or outside the Constitution and U. S. law. We need Congress to hold real, meaningful hearings on the subject. Better yet, Congress should appoint a special commission to look into the matter. We can also hope for a positive outcome of lawsuits filed by the American Civil Liberties Union and the Center for Constitutional Rights.

Let your Congressional representative and your Senators know you are outraged about this and want it to end. Get your family, friends, colleagues and neighbors to do the same. We must all stand together and let Washington and the entire nation know that this program is unacceptable.