U.S. Is Secretly Collecting Records of Verizon Calls
nytimes.com
nytimes.com
http://www.whitehouse.gov/the_press_office/TransparencyandOp...
Sort of like how "everybody knows" it was Congress's fault campaign promises X, Y, and Z didn't pass, yet at the time, nobody stopped to ask how much these promises can mean if the position he's campaigning for isn't capable of fulfilling them in the first place. "I presume by 'guarantee' he meant he'd try his best, since obviously the POTUS can't even introduce laws anyway. And as a former Constitutional law prof., I'm sure Obama knows that." Oh, super. Thanks.
The only reason this is allowed is that everyone involved in the promise--the speaker and the lobbyists and the corporate executives and the military generals and the foreign policy analysts, and congress and the senate, too[1]--all share an understanding that all promises requiring certain attitudes from other parties the executive must work with--at least within a non-dictatorship--are empty, so no one is actually confused as to whether they will be fulfilled (they won't.) Thus, the stances behind them become a means of signalling, showing that one stands for the views of one's base even if one can do practically nothing "within the system" to advance the proposed agenda.
[1] Note that "the voters" aren't part of this list. This is one of the effects of truly representative democracy: there is no incentive for political language to be informative to anyone who doesn't have a say in "how the sausage is made."
That problem lies with the voters, and the candidates are not going to change their behavior until the voters own up to their responsibilities.
Voters prefer to be told these little white lies about great intentions, rather than be bothered to apply basic knowledge of our federal gov't that should have been gained in junior high school. Voters whine and complain that it is the politicians fault, but voters' own behavior reward that which they claim to dislike.
IMHO people are trying to hard too get what they "like", too often looking for a simple magic bullet, when they should be in a conversation with their elected officials about what tradeoffs are reasonable in light of our values. We should elect people who ask us to be uncomfortable at times, but for well-thought out reasons.
Our politicians are acting highly rationally, in the context of the incentives the voters offer. "Voting the bums out" is not going to change anything, until the voters opt to build a better kind of electorate. The first step is diagnosing the actual problem, rather simply believing that the problem is always Team Them.
I get what you're saying. Politics is a choice between the unpalatable and the disastrous. Duh. Of course the Eagles should just fly them there.
What Tolkein geeks and policy wonks alike force themselves to ignore in order to have these mine vs. yours logicality debates to begin with is that the premise of their debate is a fantasy world. "If we want blank, we should vote blank" tacitly assumes that voting blank and persuading others to vote blank can sway the outcome of an election. Any thinking individual can see immediately that this is untrue.
I suppose one could read it narrowly enough to include virtually nothing but then what?
Perhaps in a different direction than we were assuming, but still...
On the other hand the leak probably came even from the administration itself. After they pretty much got away with intimidating political opponents and spying on unfavorable reporters, why not unload a few other skeletons from the closet.
Worst case scenario Jon Stewart is making a 5 minute skit out of it and with twinkle in his eye moving back to bashing some more convenient subjects.
Quantum Tapping:
The loophole is that they are not 'tapping' any communication until the moment when they actually observe/listen to it.
So let's assume that there are these scumbags and all they want to do is spy on everyone and there is this pesky Constitution still getting in their way, what is the strategy to eliminate the "annoyance"?
The strategy is two-pronged:
1) Don't have statutes of limitation on data gathered in a search warrant. So say you commit what someone thinks is a crime at 99 years of age, they get a search warrant for your data and now legally they have access to all your data since the day you were born.
2) Store _everything_. Presumably this is what the new NSA complex is Utah is for.
Sure enough you'd become inconvenient at some point. Let's say you spend a night too many with the Occupy crowd or your kid installs LOIC and now a search warrant is executed. The emails you sent 10 years ago now appear and well, who knows you might have written back then, but pretty sure it can be made to stick.
Now of course you would be offered a deal. Maybe collaborate or just get scared enough of them to never step outside and never touch a computer again, well they win in that case as well.
Good luck to everyone.
The reason we have the 4th Amendment is to keep general warrants like this from being issued, and to help retard the "show me the man and I will find you the crime" (to quote a member of the Stalin regime) from taking root here, or at least to make it more difficult.
The problem is, for the worst abuses to occur they don't have to store everything. They just get general warrants like this, inspect packets, filter "interesting subsets" out and send those back to Utah. So I think the actual strategy is two pronged, in a different direction, and both worse and more economical:
1. Vague laws that people can be easily prosecuted for[1] particularly when it comes to terrorism. Bonus points for allowing military enforcement of domestic law.[2]
2. Get general warrants that let them target whoever they want without recourse, which is what is going on here. Better yet, let's get retroactive immunity for any accomplices and make sure it is all really above the law.
The end result is the same, of course. The difference is that the above strategy takes a lot less time, resources, money, people, and hardware to pull off.
[1] See Harvey Silverglate (civil liberties atty, veteran of the EFF, ACLU, and FIRE), "Three Felonies a Day: How the Feds Target the Innocent"
[2] This is a trend, particularly when it comes to defining terrorism but has been going on since at least Clinton. Note that Clinton asked Congress unsuccessfully for a terrorism exception to Posse Comitatus. See Kopel, David (former Colorado Assistant Attorney General). "No More Wacos"
The sentiment precedes Stalin. In the 1600s, Cardinal Richelieu is said to have warned, "Show me six lines written by the hand of the most honest of men and I will find something to have him hanged."
Not that it makes it ok, but Verizon isn't handing over the actual conversation in this case.
Boy does that sound like a concept which needs to die. Justice does not tend to occur behind closed doors.
And weighed against the idea that our government, which we created, to serve us needs to be almost 100% transparent in order to be accountable to us, I just can't see any reason for this being kept secret.
If We The People are to police our government, we need to know what it's doing. And when it does something wrong, we need to smite it mightily.
I'm not sure how it works in the US, but I'm aware that GCHQ / CESG / etc have pretty rigorous scrutiny.
I'm not disagreeing with you, btw. Far too much stuff is classified as top secret or secret when it just doesn't need to be.
In theory, yes. I, for one, don't consider that an acceptable form of oversight / accountability. We need to be able to see inside the box, and know damn near everything that's going on, end to end. There is, IMO, very little which truly needs to be classified: Launch codes for the nuclear missiles, things of that nature. Most of the rest, not so much.
The author not only wrote the article about this, but also put in the classification of the document source. Salt in the wound. I can't help but feel that such a detail may have been included as a response to recent events regarding members of the news media and their treatment at the hands of the government. It very much seems that the honey moon is over.
The secrecy only makes it look like something illegal. (And there is no doubt in my mind that it is against the spirit of American law, if not the letter)
I don't like the idea of being spied on, not at all. But from a security perspective, I understand the need for better information. I'm kind of playing Devil-advocates, but it's naive to expect your government to provide you safety, lifestyle, freedom, without having to play behind the scene - or openly fight oversea - when the rest of the World lives a completely different story.
What does this mean?
My gut reaction is that I don't like this, but it's hard to argue that the U.S. is fighting an even bout with those who would enter the country and use its civil liberties to aid their terrorism planning.
Of course we expect that, the question is where to draw the line in areas where civil liberty directly conflicts with security.
Some tribal people, in a god-forsaken land, with a technical sophistication somewhere between cavemen and world war II, were "working in concert with AQ"?
Yeah, surely the US needs surveillance for all its citizens to counter that.
>My gut reaction is that I don't like this, but it's hard to argue that the U.S. is fighting an even bout with those who would enter the country and use its civil liberties to aid their terrorism planning.
What planning? After decades of external US intervention, invasions, wars, support for dictatorships (from the Shah to Pinochet) and weirdos (remember how Saddam and Laden were "allies" in the 80s?), there have been like 2 or 3 attacks on US soil, 9/11 included. Suburban kids with machine guns kill more people in their schools each year than most of those.
If 3000 people died each year from terrorism, would it be worth not giving up the freedoms we have? That would still be a very small number compared to the flu, which no one I know has a fear of getting because they think they'll die.
My point is, that where we draw the line is in the wrong place because of our irrational reaction to terrorism and its actual risk of death.
OK, for starters, let's assume that "national defense" is a proper and just role for government, and even be charitable and allow that "some" secrecy is necessary. Now, how does any of that argue for allowing the government to record call record for everybody in the US? What is wrong with having them identify an individual, or small group of individuals, that are suspected of $WHATEVER, and then go get a warrant, and then ask for the data? I mean, by casting a net so wide, it's obvious they're collecting a TON of data on people that aren't involved in any wrongdoing whatsoever... why should we be OK with that?
And that aside, to the extent that this is about the "War on Terror", ask yourself this: How many people in the US have ever been killed as a result of a terrorist attack? Over all time the number is on the order of a few thousand. Now every single one of those was tragic, yes, and I certainly don't want to diminish the importance of every single life... but when you look at the big picture, cancer, AIDS, car crashes, accidental slips and falls in the bathroom, accidental drownings in ones own swimming pool and even "being beaten to death by a cop" outrank "death by terrorism" in terms of scale. And is anybody seriously suggesting we should allow the State nearly unlimited power in the name of fighting accidental slips and falls, or drownings, or any of those things? No? Then why should we do it for terrorism?
And finally, shouldn't we consider that people like Ron Paul have a point, that a lot of the hatred for the US is probably "blowback" as a result of our aggressive, meddlesome foreign policy? Maybe one of the best ways to ensure security for our nation is to have a strong military - at home - and trade freely with everyone. After all, it seems to be far less common for strong trading partners to attack each other. Free trade, and less meddling in the affairs of other sovereign nations, would - IMO - be more effective at protecting us, than allowing the fracking NSA to grab call logs indiscriminately.
Maybe because they're doing a much more effective job than we realize. Also I don't think you accounted for Pearl Harbor.
> And finally, shouldn't we consider that people like Ron Paul have a point, that a lot of the hatred for the US...
I think this is common misconception. I do not think the vast majority of the world hates the US. I'd be curious to see facts about this.
Maybe. Unfortunately there's no real way to say. I mean, if I offer you a "tiger proof rock" and say that it protects against tiger attacks, will you accept as evidence, the fact that I've never been attacked by a tiger?
Also I don't think you accounted for Pearl Harbor.
No, I didn't. I don't think most people put that under "terrorist attack", as it was an overt action by an organized nation-state as part of an active military strategy. The Japanese weren't just trying to "sow terror", it was a tactical objective to weaken the US Navy so they wouldn't be able to impede Japanese objectives in the Pacific during WWII.
I do not think the vast majority of the world hates the US. I'd be curious to see facts about this.
I don't think the argument is that the majority of the world hates us (although it might be fair to say that a majority aren't terribly fond of us), but rather that - of the groups which are actively engaging in terrorist attacks directed out way - those groups are motivated by our foreign policy. I admit this view is not without controversy.
Also, Hawaii at the time was not even a state.
The US actually hasn't fought a war on it's own soil since 1812.
(It HAS had numerous terrorist attacks on foreign soil, however - the Beirut barracks bombings in 1983 would be but one example. In fact, 9/11 was not really an isolated incident, but the next progression in a number of terrorist attacks against the US. It just happened to be the biggest one and the first one on US soil (not counting the failed 1993 WTC bombing)).
Quality versus quantity. This is about wholesale surveillance -- gathering as much information as possible on as many people as possible. That does not mean the information is better or even useful.
People easily imagine the worst case scenarios, but the okay case scenario is surely more typical, e.g. when a man travels to eastern Pakistan to allegedly visit relatives for several months, the FBI can look at the 9 people he spends time with rather than creating dossiers on the 112 people who so happen to attend the same mosque.
(Whether and how the Constitution cares about the "good case", "okay case", "worst case" is a different question.)
Maybe the FBI/NSA is so good that they never see false positives. I doubt it, though, given how many non-terrorists have been harassed at airports, had their peaceful protest groups infiltrated by undercover agents, etc.
Or we could just stop with using fearmongering as a way to expand homeland security's budget. These agencies are doing whatever they can to expand their budgets. That is the game those players play. You aren't successful unless you expand your budget. And you can't expand your budget unless you make convincing fictions about all of the fear out there in the world.
> But from a security perspective, I understand the need for better information...but it's naive to expect your government to provide you safety, lifestyle, freedom, without having to play behind the scene
How do you call this safety or freedom? Our own gov't is more likely to harm us than terrorists. How many people do you think die from terrorists in the US a year versus innocent people being prosecuted (or molested by the TSA)?
The false positive rate is way, way, way higher than than the number of terrorists in the US.
A better question is: is it worth bothering? The biggest yield terrorism has ever had in the US was 911 where around 3k people died. So if you look at the last 30 years of terror we're talking around 100 people a year. A problem that costs the lives of 100 people a year isn't really worth considering so long as things like cancer and heart disease are out there. Instead of wasting all these billions on war and anti-terrorism, invest it in cancer research. Now that could have some kind of impact.
And, yes, if my loved ones were hurt by terrorists I would be devastated. Just the same as if I lost them to heart disease, cancer, a car accident, etc. But I'm not willing to give up anything (not security, not time at the airport, nothing at all) to stop something that is so statistically minuscule as to not be worth thinking about.
It so happens that law enforcement officials and national security officials and politicians do not think that the voters will accept 3 to 6 Boston bombings per year, without their careers being destroyed. Do they misunderstand the public mood?
Take away the security apparatus and many of their jobs are gone whether there is an attack or not.
Would you still be interested in that service?
tom at blendah.com
Implying mercenary intent absolves the voters of any responsibility.
Of course some say the media is just showing people what they want to see but that is naive. The two are intertwined. Further, if no news agencies were allowed to report on terrorist attacks (as they are not supposed to report on self immolation) then the public wouldn't care because most people wouldn't even know about it.
As Terry Jones said, "How do you wage war on an abstract noun, it's like deciding to bomb murder".
Checks and balances aren't broken. This is democracy in action.
[1] http://www.aclu.org/free-speech-national-security-technology...
(note: "§" means "section")
Unfortunately the senators were on the Intelligence committee and viewed themselves as unable to disclose what they learned in secret briefings. Now we know at least part of what they were talking about.
That is because it is illegal to disclose classified intelligence, even for a Senator.
The reason why these Senators could only warn about things, instead of passing legislation to change the law, is because the majority of Congress supports this type of legislation.
The checks and balances are still there - the problem is that the body that passes the law agrees with this type of power.
You can see that in the initial comments on this leak: among the first official comments were both parties' ranking members on the Senate Intelligence Committee — Dianne Feinstein (D) and Saxby Chambliss (R) — defending the program. It's not a surprise to them or something they want to change.
The Supreme Court has ruled on this (Gravel v. United States, 408 U.S. 606) after Senator Mike Gravel read a copy of the classified Pentagon Papers into the Congressional Record.
Why is everybody so surprised? I literally do not understand this.
It may be cool to say "I knew this already" but I'd rather be less cool and have something done about this.
There are many possible ways to affect change. For example, since all the existing politicians are so awful, the best choice might be to simply become politicians ourselves. If enough people did that at the same time we would have a chance.
Obviously things like peaceful demonstrations are a waste of time, but there are active and effective things you can do that are completely legal.
Just because I'm not surprised, doesn't mean I shouldn't be outraged.
I suspect nothing what so ever. They are scared witless by terrorists and if you guys are like the UK, paedophiles. Oh, and of course, it wont happen to them, although, as we see, it already is.
http://en.wikipedia.org/wiki/Room_641A
http://www.schneier.com/blog/archives/2006/04/att_assisting_...
We seem to be well past all that now.
FUCK YOU, BIPARTISAN, CORRUPT, DICKISH, TYRANNICAL, WORTHLESS PIECE OF SHIT.
FUCK YOU, GOVERNMENT.
However terrible and indefensible that is, let's start by addressing reality instead of imagination
It's not as if you don't hand much--if not all--of the same information over to marketing departments, app makers and ad companies when using a smart phone.
What happens when marketing departments realize they can use the data freely given to them to target people to blackmail and extort, rather than just flash ads at and try to sell to?
"For a monthly recurring fee of just $XX, conveniently and discreetly billed to your credit card, you can prevent this information from being sent to [spouse||significant other||law enforcement||employer]."
Or company will be founded--if not already--to buy bulk data and develop reports and profiles on individuals and groups, with law enforcement and the intelligence community as the primary customers? Sign up and buy a report/profile for $25-50.