Category Archives: Five Eyes

National security journalists say it’s only getting harder to report on intelligence agencies

Cora Currier writes: This spring, the Office of the Director of National Intelligence issued new policies requiring that all public writings and remarks — even by former employees — be checked beforehand for sensitive information, and circumscribing how employees can talk about classified material that’s already out in the public sphere.

Long-time intelligence reporters say it’s too soon to say whether the directives — in effect since April, and first reported earlier this month — are specifically causing sources to clam up. But the policies contribute to a climate where government sources are increasingly twitchy about talking with reporters, even on unclassified matters. In March, the Office of the Director of National Intelligence (ODNI) expressly forbid unauthorized contact with the media for all current employees of the 17 government spy agencies it oversees.

“Clearly this is part of the post-Snowden scramble to try to control the message and control information,” said Mark Mazzetti, a New York Times national security reporter and author of a recent book on the CIA. It’s been almost a year since former National Security Agency contractor Edward Snowden began leaking documents on government surveillance, Mazzetti said, “and they’re still wrestling with this.”

Steven Aftergood, of the Federation of American Scientists’ Secrecy News blog, argues that the ODNI’s new policies are a step up in government control, in that they extend beyond only regulating classified information to include “sensitive” matters. The ODNI says that the new directives just reflect a consolidation of existing practices, and they’re not as inflexible as they may seem on paper. “It is understood that there are times that former employees may receive calls for comment from the media, and there simply is not time to follow the pre-publication review process,” the ODNI wrote in a statement after the policies came to light.

“You rely on people who get out of government to give a more candid assessment of what’s going on inside it,” said Mazzetti. “We’ll have to see how it’s enforced and whether people listen to it. There will be people who will bristle at this attempt to control what they can say.”

At least so far, Jeff Stein, who covers intelligence matters for Newsweek, said that “during meetings with intelligence sources last week the order was having no apparent effect whatsoever.”

But Mazzetti noted that already, “leak investigations and revelations about surveillance capabilities are making people think twice about having any type of communication with reporters. These directives can’t help.” [Continue reading…]

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Computers, and computing, are broken

Quinn Norton writes: Once upon a time, a friend of mine accidentally took over thousands of computers. He had found a vulnerability in a piece of software and started playing with it. In the process, he figured out how to get total administration access over a network. He put it in a script, and ran it to see what would happen, then went to bed for about four hours. Next morning on the way to work he checked on it, and discovered he was now lord and master of about 50,000 computers. After nearly vomiting in fear he killed the whole thing and deleted all the files associated with it. In the end he said he threw the hard drive into a bonfire. I can’t tell you who he is because he doesn’t want to go to Federal prison, which is what could have happened if he’d told anyone that could do anything about the bug he’d found. Did that bug get fixed? Probably eventually, but not by my friend. This story isn’t extraordinary at all. Spend much time in the hacker and security scene, you’ll hear stories like this and worse.

It’s hard to explain to regular people how much technology barely works, how much the infrastructure of our lives is held together by the IT equivalent of baling wire.

Computers, and computing, are broken.

For a bunch of us, especially those who had followed security and the warrantless wiretapping cases, the revelations weren’t big surprises. We didn’t know the specifics, but people who keep an eye on software knew computer technology was sick and broken. We’ve known for years that those who want to take advantage of that fact tend to circle like buzzards. The NSA wasn’t, and isn’t, the great predator of the internet, it’s just the biggest scavenger around. It isn’t doing so well because they are all powerful math wizards of doom. [Continue reading…]

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Changes to surveillance bill stoke anger

The New York Times reports: Leaders of both parties in the House of Representatives, at the Obama administration’s request, have changed a surveillance overhaul bill that restricts the power of the government to obtain Americans’ records in bulk.

A revised version of the bill was unveiled on Tuesday, and the House may vote on it this week.

Several civil liberties groups that had backed a previous version argued that the changes weakened the limits in a way that leaves the door open for the government to obtain enormous volumes of records. They said they were withdrawing their support. [Continue reading…]

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The NSA is recording every cell phone call in the Bahamas

In March, the Washington Post reported: The National Security Agency has built a surveillance system capable of recording “100 percent” of a foreign country’s telephone calls, enabling the agency to rewind and review conversations as long as a month after they take place, according to people with direct knowledge of the effort and documents supplied by former contractor Edward Snowden.

A senior manager for the program compares it to a time machine — one that can replay the voices from any call without requiring that a person be identified in advance for surveillance. [Continue reading…]

The Intercept now reports: The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas.

According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month.

SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.

All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. [Continue reading…]

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Secrets, lies and Snowden’s email: why I was forced to shut down Lavabit

Ladar Levison writes: My legal saga started last summer with a knock at the door, behind which stood two federal agents ready to to serve me with a court order requiring the installation of surveillance equipment on my company’s network.

My company, Lavabit, provided email services to 410,000 people – including Edward Snowden, according to news reports – and thrived by offering features specifically designed to protect the privacy and security of its customers. I had no choice but to consent to the installation of their device, which would hand the US government access to all of the messages – to and from all of my customers – as they travelled between their email accounts other providers on the Internet.

But that wasn’t enough. The federal agents then claimed that their court order required me to surrender my company’s private encryption keys, and I balked. What they said they needed were customer passwords – which were sent securely – so that they could access the plain-text versions of messages from customers using my company’s encrypted storage feature. (The government would later claim they only made this demand because of my “noncompliance”.)

Bothered by what the agents were saying, I informed them that I would first need to read the order they had just delivered – and then consult with an attorney. The feds seemed surprised by my hesitation.

What ensued was a flurry of legal proceedings that would last 38 days, ending not only my startup but also destroying, bit by bit, the very principle upon which I founded it – that we all have a right to personal privacy. [Continue reading…]

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NSA spying has a disproportionate effect on U.S. immigrants

Conor Friedersdorf writes: The U.S. government concedes that it needs a warrant to eavesdrop on phone calls between Americans, or to read the body of their emails to one another. Everyone agrees that these communications are protected by the Fourth Amendment. But the government also argues that Fourth Amendment protections don’t apply when an American calls or writes to a foreigner in another country.

Let’s say, for example, that the head of the NAACP writes an email to a veteran of the South African civil-rights struggle asking for advice about an anti-racism campaign; or that Hillary Clinton fields a call from a friend in Australia whose daughter was raped; or that Jeb Bush uses Skype to discuss with David Cameron whether he should seek the 2016 presidential nomination for the Republican Party. Under the Obama administration’s logic, these Americans have no reasonable expectation of privacy with regard to these conversations, and it is lawful and legitimate for the NSA to eavesdrop on, record, and store everything that is said.

The arguments Team Obama uses to justify these conclusions are sweeping and worrisome, as the ACLU’s Jameel Jaffer captures in his analysis of the relevant legal briefs: [Continue reading…]

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Everyone should know just how much the government lied to defend the NSA

Trevor Timm writes: If you blinked this week, you might have missed the news: two Senators accused the Justice Department of lying about NSA warrantless surveillance to the US supreme court last year, and those falsehoods all but ensured that mass spying on Americans would continue. But hardly anyone seems to care – least of all those who lied and who should have already come forward with the truth.

Here’s what happened: just before Edward Snowden became a household name, the ACLU argued before the supreme court that the Fisa Amendments Act – one of the two main laws used by the NSA to conduct mass surveillance – was unconstitutional.

In a sharply divided opinion, the supreme court ruled, 5-4, that the case should be dismissed because the plaintiffs didn’t have “standing” – in other words, that the ACLU couldn’t prove with near-certainty that their clients, which included journalists and human rights advocates, were targets of surveillance, so they couldn’t challenge the law. As the New York Times noted this week, the court relied on two claims by the Justice Department to support their ruling: 1) that the NSA would only get the content of Americans’ communications without a warrant when they are targeting a foreigner abroad for surveillance, and 2) that the Justice Department would notify criminal defendants who have been spied on under the Fisa Amendments Act, so there exists some way to challenge the law in court.

It turns out that neither of those statements were true – but it took Snowden’s historic whistleblowing to prove it. [Continue reading…]

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German government tightens rules for sensitive public IT contracts

Reuters reports: The German government has tightened tender rules for sensitive public IT contracts in the wake of reports about mass surveillance by the U.S. National Security Agency, a spokesman for the Interior Ministry said on Friday.

Last year former NSA contractor Edward Snowden exposed U.S. technology companies’ close cooperation with national intelligence agencies by leaking documents on the NSA’s access to the accounts of tens of thousands of net companies’ users.

German Interior Ministry spokesman Johannes Dimroth said suspect firms would be banned from taking on some public contracts in Germany if they had to hand over confidential data to foreign intelligence or security services. [Continue reading…]

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Snowden fallout still echoes across cyber industry

Reuters reports: Revelations by former NSA contractor Edward Snowden changed lives in the cyber community, from slowdowns in obtaining high-level security clearances to providing material for a “really good comedy routine.”

Experts at the Reuters Cybersecurity Summit this week were asked how Snowden, now living under asylum in Russia after exposing the National Security Agency’s phone and Internet spying programs in 2013, altered their worlds.

The creation of a mini “Snowden industry” is one on them.

“I give a lot more speeches,” said Michael Hayden, the former NSA and CIA director. “It has allowed someone of my background to comment on issues of national importance.”

The website of Leading Authorities, the speakers’ bureau that represents Hayden, shows the retired four-star general can command $20,000 to as much as $75,000 for a speech.

“It’s made my life busier,” deadpanned Robert Anderson, who steered the Snowden investigation as the FBI’s assistant director of counterintelligence. “What it has done for me is to very much broaden the way I look at an issue.”

Christopher Soghoian, principal technologist with the American Civil Liberties Union, lauded the spotlight that Snowden’s disclosures shone. [Continue reading…]

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The U.S. Intelligence Community doesn’t understand the world in which we live

Josh Kerbel writes: In 2012, the once-mighty Eastman-Kodak company declared bankruptcy. It was an event that should have reverberated strongly with the United States Intelligence Community (IC) — and not just due to the obvious connection between imaging and spying. Rather, it should have resonated because in Kodak the IC could have glimpsed a reflection of itself: an organization so captivated by its past that it was too slow in changing along with its environment.

To understand the IC’s similar captivation and lethargy — to remain focused on classified collection in an era of increasingly ubiquitous, useful and unclassified data — one must first understand the type of problem around which the modern IC business model remains designed: the Soviet Union. The Soviet Union was fundamentally a collection problem. That is to say, it was a closed system (i.e., a discrete entity) with clear edges and a hierarchical governance structure. Given that nature, knowing what was happening in the Soviet Union required the use of classified means of collection — most of which the IC alone possessed.

Today, however, the IC no longer has the luxury of watching a single discrete entity that demands classified collection in order to obtain relevant data. There is a much more expansive range of interconnected and complex challenges. These challenges — economic contagion, viral political and social instability, resource competition, migration, climate change, transnational organized crime, pandemics, proliferation, cyber security, terrorism, etc. — are interdependent phenomena, not discrete ”things.” As such, they are less collection issues than cognitive ones. To put it differently: relevant data about all these issues is widely available—the real challenge is to make sense of it.

This, of course, is a very different world for the IC, one in which it has little experience. Consequently, the IC — unfortunately, but not surprisingly — does what it knows; it grafts its own legacy experience and expertise — classified collection — onto the new challenges that loom. Accordingly, terrorism (a broad phenomenon that needs to be thought about contextually) becomes — mistakenly — about terrorists (distinct things that need to be targeted for collection). Indeed, the whole slew of complex issues mentioned above get artificially and erroneously reduced to discrete chunks. Not only is this dangerously simplistic, it effectively puts the IC on a divergent path from the increasingly complex world it is tasked to understand. [Continue reading…]

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Bill to curb NSA spying looks like change, but isn’t really

McClatchy reports: The bipartisan bill that aims to put serious curbs on the National Security Agency’s mass collection of Americans’ communications is being hailed by Republicans and Democrats as a big breakthrough.

It’s not.

“The bottom line: This is largely faux reform and a surveillance salve,” said Thomas Drake, a former NSA senior official turned whistle-blower who’s critical of the agency’s collection programs. “To date, neither the House nor Senate attempts go far enough.”

That’s not easy to discern, thanks to an outpouring of raves for the legislation. Democrats, Republicans and traditionally skeptical watchdog groups have put their muscle behind the USA Freedom Act.

The House of Representatives is expected to vote on its version of the bill next week, the first time since news about the surveillance broke last year that major legislation supported by top congressional leaders like this has come to the floor. The Senate might take up its own version as early as this summer.

The top Republican and Democrat on the House Intelligence Committee even issued a joint statement praising the bipartisan cooperation, a rarely seen trait around Congress these days.

But peek just past all the good will and there’s serious concern that Congress has much more to do. Not only are loopholes easy to find but also the government has other ways of collecting the data. [Continue reading…]

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NSA may be putting Israeli security interests above U.S., new document reveals

Haaretz reports: A document suggesting that the U.S. National Security Agency may put the interests of Israel above those of the United States was released Wednesday by journalist Glenn Greenwald.

The document is one of the many slides leaked by NSA defector Edward Snowden, currently a fugitive from American law in Moscow.

Greenwald, who published many of Snowden’s revelations over the last year, released his book “No Place to Hide” on Wednesday. Concurrently with the release of the book, Greenwald made public slides that Snowden obtained from the NSA. One of them deals with intelligence relations with Israel.

“Balancing the SIGINT exchange equally between U.S. and Israeli needs has been a constant challenge in the last decade; it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA’s only true Third Party CT relationship being driven almost totally by the needs of the partner,” one slide reads.

Another slide states, “The Israelis are extraordinarily good SIGINT partners for us, but … they target us to learn our positions on Middle East problems. A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the U.S.” [Continue reading…]

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Greenwald sells movie rights of Snowden story to Sony Pictures

The New York Times reports: After a long, slow haul, the film rights to Glenn Greenwald’s book about Edward J. Snowden and his revelations about electronic surveillance by United States security officials have found a home, at Sony Pictures Entertainment.

Sony said on Wednesday that it had acquired rights to Mr. Greenwald’s book, “No Place to Hide: Edward Snowden, the NSA and the U. S. Surveillance State,” for the producers Michael G. Wilson and Barbara Broccoli. Mr. Wilson and Ms. Broccoli are known for their work on James Bond films like “Skyfall” and “Quantum of Solace,” both of which were released by Sony and Metro-Goldwyn-Mayer.

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Report claims Anonymous will protest Glenn Greenwald for ties to PayPal billionaire

Raw Story reports: The Internet hacktivist group Anonymous is calling for protests against author and civil liberties advocate Glenn Greenwald because of his relationship with eBay founder Pierre Omidyar.

In a release posted to Pastebin, the secretive activist group is calling for members to attend and disrupt scheduled book signings where Greenwald will be promoting his new book, No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State.

The point of contention between Greenwald and the group stems from his relationship with First Look founder and eBay billionaire Pierre Omidyar.

eBay purchased PayPal in 2002.

Representing the “PayPal 14,” — a group charged under the Computer Fraud and Abuse Act after they attempted to disrupt PayPal’s operations in retaliation for PayPal’s refusal to process donations to WikiLeaks — Anonymous stated that the 14 are “struggling to raise more than $80,000 in court-ordered restitution” that must be paid to eBay/PayPal.

Anonymous claims that, while the 14 face jail and fines, Greenwald and Omidyar have been cashing in on the “digital information war.” [Continue reading…]

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Glenn Greenwald: How I met Edward Snowden

Make no mistake: it’s been the year of Edward Snowden.  Not since Daniel Ellsberg leaked the Pentagon Papers during the Vietnam War has a trove of documents revealing the inner workings and thinking of the U.S. government so changed the conversation.  In Ellsberg’s case, that conversation was transformed only in the United States.  Snowden has changed it worldwide.  From six-year-olds to Angela Merkel, who hasn’t been thinking about the staggering ambitions of the National Security Agency, about its urge to create the first global security state in history and so step beyond even the most fervid dreams of the totalitarian regimes of the last century?  And who hasn’t been struck by how close the agency has actually come to sweeping up the communications of the whole planet?  Technologically speaking, what Snowden revealed to the world — thanks to journalist Glenn Greenwald and filmmaker Laura Poitras — was a remarkable accomplishment, as well as a nightmare directly out of some dystopian novel.

From exploiting backdoors into the Internet’s critical infrastructure and close relationships with the planet’s largest tech companies to performing economic espionage and sending spy avatars into video games, the NSA has been relentless in its search for complete global omniscience, even if that is by no means the same thing as omnipotence.  It now has the ability to be a hidden part of just about any conversation just about anywhere.  Of course, we don’t yet know the half of it, since no Edward Snowden has yet stepped forward from the inner precincts of the Defense Intelligence Agency, the CIA, the National Geospatial Intelligence Agency, or other such outfits in the “U.S. intelligence community.”  Still, what we do know should take our collective breath away.  And we know it all thanks to one young man, hounded across the planet by the U.S. government in an “international manhunt.”

As an NSA contractor, Snowden found himself inside the blanket of secrecy that has fallen across our national security state since 9/11 and there he absorbed an emerging principle on which this country was never founded: that “they” know what’s best for us, and that, in true Orwellian fashion, our ignorance is our strength.  Increasingly, this has become Washington’s twenty-first-century mantra, which is not to be challenged.  Hence, the extremity of the outrage, as well as the threats and fantasies of harm, expressed by those in power (or their recently retired channelers) toward Snowden.

One brave young man with his head firmly fastened on his shoulders found himself trapped in Moscow and yet never lost his balance, his good sense, or his focus.  As Jonathan Schell wrote in September 2013, “What happened to Snowden in Moscow diagramed the new global reality. He wanted to leave Russia, but the State Department, in an act of highly dubious legality, stripped him of his passport, leaving him — for purposes of travel, at least — stateless. Suddenly, he was welcome nowhere in the great wide world, which shrank down to a single point: the transit lounge at Sheremetyevo [Airport]. Then, having by its own action trapped him in Russia, the administration mocked and reviled him for remaining in an authoritarian country. Only in unfree countries was Edward Snowden welcome. What we are pleased to call the ‘free world’ had become a giant prison for a hero of freedom.”

And of course, there was also a determined journalist, who proved capable of keeping his focus on what mattered while under fierce attack, who never took his eyes off the prize.  I’m talking, of course, about Glenn Greenwald.  Without him (and the Guardian, Laura Poitras, and Barton Gellman of the Washington Post), “they” would be observing us, 24/7, but we would not be observing them.  This small group has shaken the world. 

This is publication day for Greenwald’s new book, No Place to Hide: Edward Snowden, the NSA, and the U.S. Security State, about his last near-year swept away by the Snowden affair. It’s been under wraps until now for obvious reasons.  Today, TomDispatch is proud, thanks to the kindness of Greenwald’s publisher, Metropolitan Books, to be releasing an adapted, much shortened version of its first chapter on how this odyssey of our American moment began. Tom Engelhardt

The Snowden saga begins
“I have been to the darkest corners of government, and what they fear is light”
By Glenn Greenwald

[This essay is a shortened and adapted version of Chapter 1 of Glenn Greenwald’s new book, No Place to Hide: Edward Snowden, the NSA, and the U.S. Security State, and appears at TomDispatch.com with the kind permission of Metropolitan Books.]

On December 1, 2012, I received my first communication from Edward Snowden, although I had no idea at the time that it was from him.

The contact came in the form of an email from someone calling himself Cincinnatus, a reference to Lucius Quinctius Cincinnatus, the Roman farmer who, in the fifth century BC, was appointed dictator of Rome to defend the city against attack. He is most remembered for what he did after vanquishing Rome’s enemies: he immediately and voluntarily gave up political power and returned to farming life. Hailed as a “model of civic virtue,” Cincinnatus has become a symbol of the use of political power in the public interest and the worth of limiting or even relinquishing individual power for the greater good.

The email began: “The security of people’s communications is very important to me,” and its stated purpose was to urge me to begin using PGP encryption so that “Cincinnatus” could communicate things in which, he said, he was certain I would be interested. Invented in 1991, PGP stands for “pretty good privacy.” It has been developed into a sophisticated tool to shield email and other forms of online communications from surveillance and hacking.

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Bush-Obama continuity and the interests of the national security establishment

Glenn Greenwald writes: The just-retired long-time NSA chief, Gen. Keith Alexander, recently traveled to Australia to give a remarkably long and wide-ranging interview with an extremely sycophantic “interviewer” with The Australian Financial Review. The resulting 17,000-word transcript and accompanying article form a model of uncritical stenography journalism, but Alexander clearly chose to do this because he is angry, resentful, and feeling unfairly treated, and the result is a pile of quotes that are worth examining, only a few of which are noted below:

AFR: What were the key differences for you as director of NSA serving under presidents Bush and Obama? Did you have a preferred commander in chief?

Gen. Alexander: Obviously they come from different parties, they view things differently, but when it comes to the security of the nation and making those decisions about how to protect our nation, what we need to do to defend it, they are, ironically, very close to the same point. You would get almost the same decision from both of them on key questions about how to defend our nation from terrorists and other threats.

The almost-complete continuity between George W. Bush and Barack Obama on such matters has been explained by far too many senior officials in both parties, and has been amply documented in far too many venues, to make it newsworthy when it happens again. Still, the fact that one of the nation’s most powerful generals in history, who has no incentive to say it unless it were true, just comes right out and states that Bush and The Candidate of Change are “very close to the same point” and “you would get almost the same decision from both of them on key questions” is a fine commentary on a number of things, including how adept the 2008 Obama team was at the art of branding. [Continue reading…]

Greenwald says Alexander “has no incentive to say it unless it were true” — but actually he does have an incentive as does every other former and current member of the national security establishment.

Whenever intelligence agencies are accused of lack of accountability, evading Congressional oversight, or any other abuse of power, their comeback is always the same: we are the humble and loyal servants of the president doing exactly what we are asked to do.

So, they very much do have an interest in portraying the continuity of their own operations as perfectly mirroring the continuity in the approaches of their commander in chief.

The irony in the continuity between Bush and Obama has been frequently noted. What seems more worthy of being underlined is the way in which Obama has turned out to be worse than Bush.

The excesses of the last administration have come to be portrayed as a product of 9/11, but the ways in which Obama has institutionalized pervasive secrecy are much more insidious and much less likely to be undone by future presidents.

And if anyone thought that the legacy of the Snowden/Greenwald revelations might be a move towards more open government, the opposite is turning out to look more likely.

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