The crux of the NSA story in one phrase: 'collect it all'
guardian.co.uk
guardian.co.uk
It will be just as wonderful as the voice-recognition software (like Siri) that runs on a similar principle, but this time it's for governing. And who wouldn't like Siri as mechanical a god?
As I see it the scope of this thing is huge. It's an information arms race. The French say they have similar capabilities (this is probably a bluff but won't be for long). The Chinese probably already have the capabilities and their society is aligned with a social morality to support it. Governments have complained that the information being gathered includes trade secrets of use to commercial interests. Finally, from the perspective of individuals, it looks like something dreamt up by a paranoid totalitarian government to enforce population control. This is a proper shit-storm.
I'm not sure where this is going but I'm hoping for some kind of global blanket surveillance ban treaty. Something that applies to both governments and corporations and regulates how long data can be stored and used. I'm hoping for something totally unrealistic that completely averts the nightmare scenario.
That would depend on trusting the people that are spying on us in the first place to adhere to the treaty. I'm hoping that talented coders will continue to produce possible defenses to the obvious infringements of our basic right to be left alone.
* Motivations for searching are subject to change.
If they have years worth of emails you wrote in your normal style to friends and colleagues, it may be hard to write anything of length anonymously without being recognized. They may have hundreds of hours of our voices recorded, and that may be fingerprintable too.
* assuming you aren't typically high and/or drunk
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"Every Post You Make"
Every call you take
Every post you make
Every name you fake
Every pic you take
I'll be watching you
..
Every single way
Every word you say
Every game you play
Every stat you update
I'll be watching you
..
Why can't you see
You belong to me
How my server aches for every byte you create
..
Every pal you make
Every one you meet
Every like you fake
Every thing you read
I'll be watching you
..
Since you've leaked I been exposed to such disgrace
I search ALL posts just to track your face
I tap all lines so you can't escape
Secret courts won't stop this trace
I keep spyin' 'bama, 'bama please
..
Every pal you make
Every one you meet
Every like you fake
Every thing you read
I'll be watching you
..
Entire data record of you over years, with `~non-finite' indefinitely long-term memory, with evolving code to sift and immediately provide answers to queries, knows you better than you. Hitting the `Enter' key, you are pwned by some `See Clearly, Act Quickly' strange strangers in Maryland. Those animal experiment abominations, with wires in heads, involuntarily switching muscles, entrapped organisms reduced to spastic robot tools, we.
On a personal note, I knew people at the Boston marathon finish line, as I'm sure many of you did as well. My parents had friends in the World Trade Center. If we could stop that in the future, that is worth a small sacrifice in personal liberty. Again, this a personal opinion, one that many do not share.
To me, the key is creating adequate oversight to control this leviathan. We need a real court, with proper appointment procedures and adversarial process. We need restoration of legislative oversight. Most importantly, we need strong encryption on the systems that can only be unlocked with a court order.
In fact, this was the original design of Total Information Awareness. The privacy tech got gutted somewhere in development, but there's no reason we can't bring it back.
That's not to say that the government didn't just mint a few hundred new highly skilled blackhat "hactivists" by deploying this technology.
There's still, however, the problem of the Fourth Amendment. To my High-School-Civics understanding of the US Government, these programs are patently unconstitutional.
If these programs are indeed essential to our security, if they are to become a permanent fixture of our civil society, then let the Constitution be amended to allow them. Otherwise, no amount of oversight by any (or all) of the branches of the government will be sufficient to legitimize any such programs.
1. Surveillance of United States Person (USPER) communication. 2. Surveillance of non-USPER communications.
With regard to (2), the Fourth Amendment does not apply to foreign nationals. That's not very reassuring for those outside the United States, but it is a well established principle of Constitutional law.
With regard to (1), the FISA court has carved out an exception to the Fourth Amendment, relying upon Skillman and its progeny. Now, that's a very shaky justification, and probably wouldn't hold up before SCOTUS.
So, at present they are within the bounds of the Fourth Amendment, under the FISA court's interpretation of the law. However, that foundation is not very solid. I agree that we need a data-mining amendment to the Constitution if we're going to continue with these behaviors.
Power is not given to the courts to make new law. The legal contortions required to twist the intent and letter of the Fourth Amendment so that it agrees with NSA, without making new law would be obscene.
relying upon Skillman and its progeny
Google wasn't helpful in locating a case/decision referred to as "Skillman". Can you elaborate?
Unfortunately that's exactly what happened. When the government went to the FISA court and asked for approval to conduct broad monitoring, the FISA court ruled that such monitoring, so long as it was limited to metadata and used for certain purposes, was exempt from the Fourth Amendment under the "special needs" doctrine.
The case they relied upon was Skinner v. Railway Labor Executives Association, not Skillman as previously stated, which involved drug testing of Federal railway workers. There the court ruled that, given the overriding interest of protecting public safety, limited encroachments upon personal freedoms were not violative of the Fourth Amendment's prohibition on "unreasonable" searches.
Basically, the FISA court is writing its own Fourth Amendment jurisprudence in secret, which can't be effectively challenged by surveillance targets as they lack standing in the courts to sue.
Here's a nice summary from the NYT: http://http://www.nytimes.com/2013/07/07/us/in-secret-court-...
And what happens if the government becomes the one that wants to cause regular citizens harm? How do you protest a government that knows everything, monitors everything?
My desires oppose your desires. Which of us gets to live in the world we desire to bring into being?
I hope the answer is that it is my world because I don't want to live in yours, thanks all the same.
Tis a conundrum.
If only there was some way for us to compromise.
9/11 was enabled by box cutters - the message was that this was super low tech and you often can't stop the most awful terrorism if people are really determined and feel they have nothing to lose. The good news for you is that news events are by definition rare and there's actually so little terrorism (in the west at least) - that's because there's not nearly as much motivation to commit these acts as many seem to believe, not because of robocops peering into your drawers.
As an amateur, I am just thing aloud now: some "bad quys" are quite capable nowadays, and without collecting the whole haystack, you would be allowed to monitor someone only from some point in the future (after getting the court permission), and you couldn't "hear" the past conversations, if you didn't collect them. Moreover, if someone is very careful, it will be even difficult to discover that that person is suspicious and should be monitored in the first place.
Mind you, I am not defending the NSA strategy, I don't know if it is justifiable, I am just saying that Greenwald doesn't make any effort to let some opposing views to be presented. He just repeats the same arguments over and over again, but doesn't discuss what would happen in other scenarios (if NSA would be much less capable).
Here's some fun statistics:
There are about 30,000 gun related deaths a year in the United States (19000 suicide, 11000 murders).
There are about another 30,000 vehicle related deaths a year in the United States.
There are about 3,000 people who died in the 9/11 attacks - the deadliest act of terrorism perpetrated against the United States.
Are you saying that we should use the massive spying apparatus - including invading cellphone calls and emails - to stop even one third of murders? How about stop one sixth of suicides before they happen?
Because that would save more Americans than stopping a 9/11 scale attack every year would do - which is more than the NSA is claimed to have done.
In reality, it would take 10 9/11 scale attacks on the US each and every year to rival the number of deaths caused by guns.
Do you support using the government spy apparatus to stop these gun deaths? If not, why support something that isn't appropriate for a /larger/ problem to solve a small one?
I think most Americans panicked when they felt attacked, and became total cowards - as did their leadership at the time.
The correct response to terrorism is simply to shrug it off and ignore it (or at least limit yourself to prudent measures) - the deaths, strictly speaking, are a statistical blip on the radar - but the damage you can do to your civil liberties and society at large can last decades and impact generations of an entire nation.
tl;dr: America got sucker punched, and just like a bitch, got all fearful and cowardly about how it acted. The NSA spying is a sign of that fear and cowardice (possibly being used to nefarious ends by people exploiting it).
So no big deal: We should just shrug it off, right?
Obviously we worry about more things in this society than body counts, like civil liberties and the liberty to live our lives out of the shadow of bombers.
Yes, all it really takes to stop the terror of terrorism is to not play along by being scared of attacks.
It would take a 9/11 every month to cause as many deaths as gun violence... which we don't use the NSA approach to, because we realize that would massively destroy civil liberties.
If drastic measures aren't requires - if we can just shrug off as "freedom isn't free", "you need to let some bad things happen to ensure freedom", etc a 10x number of deaths - we're probably taking drastically the wrong approach by using the NSA style surveillance to battle terrorism.
This is literally us gutting out country on behalf of the terrorists - something they could never have hoped to achieve by force - because we're afraid and can't handle something dramatic happening now and then without loosing our heads.
That's childish and cowardly, as a society.
See, for example, Project Shamrock (http://en.wikipedia.org/wiki/Project_Shamrock). From a SIGINT perspective you want to gather all the signals you can because you don't necessarily know which ones will be 'interesting'.
I'm very disappointed in Greenwald's handling of this story. He seems to be treading over the same ground over and over again without revealing anything particularly new.
He has to, to have any chance of what he's saying actually sticking. Do you follow his Twitter feed? People routinely accuse him of holding opinions exactly opposite to his actual ones, even though he's been writing about them and publishing in newspapers and books for years. There are a huge number of confused, ignorant noisemakers twisting everything.
Maybe it seems slow to you, but there's been more groundbreaking stuff in the last month or so than in all previous years of my whole life, so I'm willing to give him and his collaborators time to triple-check everything before publishing so that the stories are absolutely unassailable.
I think Greenwald is exactly the right guy to be doing this. I hope my life and chance affords me the opportunity to help him someday, maybe one millionth as much as he's helping us.
And what do you mean "more groundbreaking stuff in the last month or so than in all previous years of my whole life"? What year span are we talking about, here?
People understanding. Unless you follow Greenwald's Twitter feed or watch him interact with others in some other way, it's hard to imagine how many people misunderstand the most basic facts of these stories.
> What year span are we talking about, here?
Does it matter? I'm 34, but I think my statement would still make sense if I was twice that age. We're getting new stories with solid evidence of massive criminality by the US government weekly. I've never seen anything like it.
And I don't think this will ever stick with the public, no matter how many times it's repeated. Like I said, people don't tend to care about the final step between the supposition that something's occurring "the government's watching your every communication" and actual evidence of such a thing occurring "we can show that the government has been watching your every communication". Once the assumption has saturated the American consciousness, it's not much of a news story when that assumption is "merely" proven to be true.
Now, we have pretty concrete proof that that is NOT a silly belief to have, and that the government really does record everything it possibly can. Pretty much any nerd with sufficient understanding of the technology, and/or who has read very much in the cyberpunk literary genre, has probably always suspected this, but now we have proof.
I don't mean to belittle the Wikileaks cables: they showed that the US and our allies were often lying to locals. In this case, however, Snowden's leak shows that our government has been lying to US, about something that violates the literal founding principles of our country. I think that why so many people are considering this a Really Big Deal.
As for the US government lying to its people, we've known about that too for at least 40 years [2]. According to one CBS article, lying politicians are one of the "three things most Americans take as an article of faith"[3]. It's simply not a big deal. Take the Iraq war and WMDs as another example of the US government lying to its people.[4]
Hell, if you've watched The Newsroom's first season, you'd have seen a whole multi-episode story arc about an NSA whistleblower revealing extensive spying going on at a level thus far unprecedented. [5] Did Aaron Sorkin and the rest of The Newsroom writers have special information on PRISM, or is it just so ingrained in the American psyche that it was entirely predictable and fully plausible? Keep in mind this was MONTHS before Snowden.
Simply put, the Snowden leaks are a "no shit" for most people. The majority now believe he did the wrong thing, according to a recent poll[6]. Also worth noting in that same poll, "Forty-eight percent of respondents to the poll said that they support prosecuting Snowden for his actions, while 33 percent were opposed."
[1] http://en.wikipedia.org/wiki/ECHELON
[2] http://www.guardian.co.uk/world/interactive/2013/jun/24/guar...
[3] http://www.cbsnews.com/8301-250_162-57485776/lying-politicia...
[4] http://www.guardian.co.uk/world/2013/mar/18/panorama-iraq-fr...
[5] http://thenewsroom.wikia.com/wiki/Solomon_Hancock
[6] http://www.huffingtonpost.com/2013/07/05/edward-snowden-poll...
Maybe they didn't expect it to remain in secret forever - but just enough for them to spent trillions of dollars on it, and make hundreds of facilities all over the world, until it would be close to impossible to roll it all back, even if everything does become public.
You only need to look at the ever growing military industrial complex to know what I'm talking about. It used to be that wars kept the MIC expanding, but now it's become the other way around - MIC is lobbying for more wars, more militarization of the police internally and all over the world, just to keep themselves well fed.
They've almost finished the Utah data center, if it's not finished already. So what are they going to do now? Destroy it?
Gotta collect 'em aallllll!!!! (Your emails!)