Category Archives: Five Eyes

I challenged the NSA in court because it’s a totalitarian attack on human rights

Tea Party activist Larry Klayman writes: Shortly after it was disclosed by then Guardian journalist Glenn Greenwald and NSA whistleblower Edward Snowden that the NSA was running roughshod over the constitutional rights of the American people, I filed two class action lawsuits, on behalf of myself and a client, Charles Strange, who lost his son, a NSA cryptologist, in the Afghan war. These lawsuits not only ask for large monetary damages, but also for an injunction against the US government spying on over 300 million citizens in violation of the Patriot and Foreign Intelligence Surveillance Acts.

The laws make it crystal clear that the NSA, CIA, FBI or any other American government agency can only eavesdrop on persons who are under investigation for being in contact with foreign terrorists, or who are under criminal investigation. What Greenwald, the Guardian and Snowden revealed was a massive ongoing NSA program that collects so-called metadata, which intrudes into the most intimate details of a person’s life, accessing the cell phone, internet and social media communications of nearly the entire US populace. It is, in effect, the biggest and most dangerous violation of constitutional rights in American history.

The obvious effect of this outrage is to chill the free speech, associational and due process rights of all Americans, as now they are under constant surveillance by a government that over 80% of the people, according to Pew Research polling, distrusts, after decades of scandal and corruption by our executive and legislative branches. [Continue reading…]

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After help from CBS, the NSA’s PR campaign takes a major legal hit

Michael Scherer writes: The National Security Agency began the week with a public relations coup: a favorable segment on the spy agency by the CBS News program 60 Minutes. The segment was authored by CBS correspondent John Miller, an intelligence community veteran and former public affairs officer for the Federal Bureau of Investigation, who failed to disclose to viewers that he was eyeing a return to his career in law enforcement when the episode aired, a fact that was first reported by the New York Post.

In the segment, Miller described the controversy over the NSA’s collection of telephone metadata as partly the result of confusion. “So you understand then, there might be a little confusion among Americans who read in the newspaper that the N.S.A. has vacuumed up, the records of the telephone calls of every man, woman and child in the United States for a period of years—that sounds like spying on Americans,” Miller said, in one of his questions to NSA Director Keith Alexander.

Miller’s apparent suggestion here, endorsed by Alexander, was that the collection of metadata phone records does not amount to domestic spying, because the records do not include the content of calls and the records are searched only when there is a suspected terrorist target. “Metadata has become one of the most important tools in the NSA’s arsenal,” said Miller.

This is precisely the message the NSA has been trying to get out, ever since its contractor, Edward Snowden, stole and released documents disclosing the once classified program. And there is a clear urgency to the NSA mission. The public relations war matters because Congress is now considering reform bills that could put an end to the program. Sometime next year, public polling about how American’s feel about their information being collected will play a role in determining the outcome of the debate.

But the NSA’s moment of glory was short-lived. Hours after the show aired, Federal District Judge Richard Leon, an appointee of George W. Bush, ruled that the very same program was likely unconstitutional under the Fourth Amendment, a fact that lead newscasts and newspapers on Tuesday. [Continue reading…]

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The Snowden franchise

Reuters reports: A tale that could rival any spy novel is about to be told by three writers who are working on potentially rival books on the revelations and travails of former National Security Agency contractor Edward Snowden.

Glenn Greenwald, a former columnist for Britain’s The Guardian, has a book likely to come out in March. Greenwald received classified spy documents from Snowden in clandestine meetings in Hong Kong after he fled the United States last spring.

The book is “about my time with Snowden in Hong Kong and reporting the story, but mostly about the surveillance state based on the documents I have (that The Guardian doesn’t) and my reasons why the surveillance state is menacing,” he said in an email.

His publisher is Metropolitan Books, a unit of Henry Holt and Co. Greenwald has also been discussing a movie deal.

The New York Times reported in October that 20th Century Fox , Sony Pictures Entertainment and cable TV network HBO had all considered an on-screen project. But Greenwald said that no movie deal had yet been struck.

Potential competitor books are being prepared by Barton Gellman, a blogger and former Washington Post reporter, and Luke Harding, a journalist for The Guardian.

Gellman, principal author of The Washington Post’s Snowden’s stories but no longer on the paper’s staff, said his project pre-dates the emergence of Snowden.

“I had already started work on a book about the surveillance industrial society when Edward Snowden came my way. He has certainly enriched my reporting, but I am not racing anyone to do a quick hit on current events. My narrative will cover a broader landscape and a wider cast of characters,” Gellman said in an email.

Neither Harding, author of The Guardian book (and co-author of an earlier Guardian book about WikiLeaks and its controversial founder, Julian Assange), nor a spokeswoman for The Guardian would comment on Harding’s book, which is being published under a joint imprint The Guardian set up with British publisher Faber and Faber.

A person familiar with the Guardian project, who asked to remain anonymous, said that at the time Greenwald left the newspaper, the two parties tentatively agreed that to ensure neither party would have a marketing advantage, the books would be published simultaneously. [Continue reading…]

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NSA goes on 60 Minutes: the definitive facts behind CBS’s flawed report

The Guardian reports: The National Security Agency is telling its story like never before. Never mind whether that story is, well, true.

On Sunday night, CBS’s 60 Minutes ran a remarkable piece that provided NSA officials, from director Keith Alexander to junior analysts, with a long, televised forum to push back against criticism of the powerful spy agency. It’s an opening salvo in an unprecedented push from the agency to win public confidence at a time when both White House reviews and pending legislation would restrict the NSA’s powers.

But mixed in among the dramatic footage of Alexander receiving threat briefings and junior analysts solving Rubik’s cubes in 90 seconds were a number of dubious claims: from the extent of surveillance to collecting on Google and Yahoo data centers to an online “kill-switch” for the global financial system developed by China.

Reporter John Miller, a former official with the Office of the Director of National Intelligence and an ex-FBI spokesman, allowed these claims to go unchallenged. The Guardian, not so much. Here’s our take: [Continue reading…]

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Federal judge questions legality of NSA phone records

The New York Times reports: A federal district judge ruled on Monday that the National Security Agency program that is systematically keeping records of all Americans’ phone calls most likely violates the Constitution, describing its technology as “almost Orwellian” and suggesting that James Madison would be “aghast” to learn that the government was encroaching on liberty in such a way.

Judge Richard J. Leon of the District of Columbia ordered the government to stop collecting data on the personal calls of the two plaintiffs in the case and to destroy the records of their calling history. But the judge, appointed to the bench in 2002 by President George W. Bush, stayed his injunction “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues,” allowing the government time to appeal it, a matter that he said could take at least six months. The case is the first in which a federal judge who is not on the Foreign Intelligence Surveillance Court, which authorized the once-secret program, has examined the bulk data collection on behalf of someone who is not a criminal defendant.

The Justice Department has said that 15 separate judges on the surveillance court have held on 35 occasions that the calling data program is legal. It also marks the first successful legal challenge brought against the program since it was revealed in June after leaks by the former N.S.A. contractor Edward J. Snowden.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary’ invasion than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Judge Leon wrote in a 68-page ruling. “Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment,” which prohibits unreasonable searches and seizures. [Continue reading…]

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Is the NSA trying to blackmail Snowden?

On 60 Minutes last night, CBS News was provided with an “unprecedented” view inside the NSA. This included an interview with Rick Ledgett, who is leading an NSA task force conducting damage assessment on the Snowden leaks.

John Miller: Of all the things he took is there anything in there that worries you or concerns you more than anything else?

Rick Ledgett: It’s an exhaustive list of the requirements that have been levied against– against the National Security Agency. And what that gives is, what topics we’re interested in, where our gaps are. But additional information about U.S. capabilities and U.S. gaps is provided as part of that.

John Miller: So, I’m going to assume that there’s one in there about China, and there’s one in there about Iran, and there’s another in there about Russia.

Rick Ledgett: Many more than one.

John Miller: Many more than one?

Rick Ledgett: Yes.

John Miller: How many of those are there?

Rick Ledgett: About 31,000.

John Miller: If those documents fell into their hands? What good would it do them?

Rick Ledgett: It would give them a roadmap of what we know, what we don’t know, and give them– implicitly, a way to– protect their information from the U.S. intelligence community’s view.

John Miller: For an adversary in the intelligence game, that’s a gold mine?

Rick Ledgett: It is the keys to the kingdom.

Note that in no point in this exchange does Ledgett assert that the NSA knows Snowden took this particular document collection, while Miller — who comes across more like a Hollywood parody of a journalist — fails to raise this question.

But suppose the NSA truly believes that Snowden took this collection of 31,000 documents. Not only would this be a cause of immense concern to the agency, but the belief itself would be a closely guarded secret.

What possible interest does the United States have in publicizing to its adversaries, that it has lost control of its most valuable intelligence assessments?

If Snowden’s life was not already in great danger, then now, thanks to the NSA (and CBS) he just became even more exposed. And maybe that’s the point.

The NSA wants Snowden to become more afraid of remaining outside the United States than afraid of returning.

Snowden clearly understood that the longer he retained possession of however many documents he took, the more vulnerable he would become, but he waited several months before revealing to the New York Times that he had handed over all the documents to Glenn Greenwald and Laura Poitras when they met him in Hong Kong in June.

The NSA — with CBS News’ help — however, wants to promote the view that Snowden has currently in his possession 1.7 million documents.

Even if Snowden follows up his earlier denial with another denial, he will remain under intense scrutiny by foreign intelligence services.

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Officials say U.S. may never know extent of Snowden’s leaks

The New York Times reports: American intelligence and law enforcement investigators have concluded that they may never know the entirety of what the former National Security Agency contractor Edward J. Snowden extracted from classified government computers before leaving the United States, according to senior government officials.

Investigators remain in the dark about the extent of the data breach partly because the N.S.A. facility in Hawaii where Mr. Snowden worked — unlike other N.S.A. facilities — was not equipped with up-to-date software that allows the spy agency to monitor which corners of its vast computer landscape its employees are navigating at any given time.

Six months since the investigation began, officials said Mr. Snowden had further covered his tracks by logging into classified systems using the passwords of other security agency employees, as well as by hacking firewalls installed to limit access to certain parts of the system.

“They’ve spent hundreds and hundreds of man-hours trying to reconstruct everything he has gotten, and they still don’t know all of what he took,” a senior administration official said. “I know that seems crazy, but everything with this is crazy.”

That Mr. Snowden was so expertly able to exploit blind spots in the systems of America’s most secretive spy agency illustrates how far computer security still lagged years after President Obama ordered standards tightened after the WikiLeaks revelations of 2010. [Continue reading…]

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Lawsuit accuses IBM of hiding China risks amid NSA spy scandal

Reuters reports: IBM Corp has been sued by a shareholder who accused it of concealing how its ties to what became a major U.S. spying scandal reduced business in China and ultimately caused its market value to plunge more than $12 billion.

IBM lobbied Congress hard to pass a law letting it share personal data of customers in China and elsewhere with the U.S. National Security Agency, in a bid to protect its intellectual property rights, according to a complaint filed in the U.S. District Court in Manhattan.

The plaintiff in the complaint, Louisiana Sheriffs’ Pension & Relief Fund, said this threatened IBM hardware sales in China, particularly given a program known as Prism that let the NSA spy on that country through technology companies such as IBM.

The Baton Rouge pension fund said the revelation of Prism and related disclosures by former NSA contractor Edward Snowden caused Chinese businesses and China’s government to abruptly cut ties with the world’s largest technology services provider.

It said this led IBM on October 16 to post disappointing third-quarter results, including drops in China of 22 percent in sales and 40 percent in hardware sales.

While quarterly profit rose 6 percent, revenue dropped 4 percent and fell well below analyst forecasts.

IBM shares fell 6.4 percent on October 17, wiping out $12.9 billion of the Armonk, New York-based company’s market value. [Continue reading…]

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Chas Freeman on Snowden and snooping

The former U.S. ambassador to Saudi Arabia, Chas W. Freeman, said at MIT on Thursday: We live in what the National Security Agency [NSA] has called “the golden age of SIGINT [signals intelligence].” We might have guessed this. We now know it for a fact because of a spectacular act of civil disobedience by Edward Snowden. His is perhaps the most consequential such act for both our domestic liberties and our foreign relations in the more than two century-long history of our republic.

This past spring, Mr. Snowden decided to place his oath to “preserve, protect and defend the Constitution of the United States” and his allegiance to the Bill of Rights above his contractual obligations to the intelligence community and the government for which it snoops. He blew the whistle on NSA’s ruthless drive for digital omniscience. When he did this, he knew that many of his fellow citizens would impugn his patriotism. He also knew he would be prosecuted for violating the growing maze of legislation that criminalizes revelations about the national security practices of America’s post-9/11 warfare state.

Mr. Snowden does not dispute that he is guilty of legally criminal acts. But he places himself in the long line of Americans convinced, as Martin Luther King put it, that “noncooperation with evil is as much a moral obligation as is cooperation with good.” As someone long in service to our country, I am upset by such defiance of authority. As an American, I am not.

Like Henry David Thoreau and many others in protest movements in our country over the past century and a half, Mr. Snowden deliberately broke the law to bring to public attention government behavior he considered at odds with the U.S. Constitution, American values, and the rule of law. One point he wanted to make was that we Americans now live under a government that precludes legal or political challenges to its own increasingly deviant behavior. Our government has criminalized the release of information exposing such behavior or revealing the policies that authorize it. The only way to challenge its policies and activities is to break the law by exposing them. [Continue reading…]

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By cracking cellphone code, NSA has capacity for decoding private conversations

The Washington Post reports: The cellphone encryption technology used most widely across the world can be easily defeated by the National Security Agency, an internal document shows, giving the agency the means to decode most of the billions of calls and texts that travel over public airwaves every day.

While the military and law enforcement agencies long have been able to hack into individual cellphones, the NSA’s capability appears to be far more sweeping because of the agency’s global signals collection operation. The agency’s ability to crack encryption used by the majority of cellphones in the world offers it wide-ranging powers to listen in on private conversations.

U.S. law prohibits the NSA from collecting the content of conversations between Americans without a court order. But experts say that if the NSA has developed the capacity to easily decode encrypted cellphone conversations, then other nations likely can do the same through their own intelligence services, potentially to Americans’ calls, as well.

Encryption experts have complained for years that the most commonly used technology, known as A5/1, is vulnerable and have urged providers to upgrade to newer systems that are much harder to crack. Most companies worldwide have not done so, even as controversy has intensified in recent months over NSA collection of cellphone traffic, including of such world leaders as German Chancellor Angela Merkel. [Continue reading…]

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NSA review to leave spying programs largely unchanged, reports say

The Guardian reports: A participant in a White House-sponsored review of surveillance activities described as “shameful” an apparent decision to leave most of the National Security Agency’s controversial bulk spying intact.

Sascha Meinrath, director of the Open Technology Institute, said Friday that the review panel he advised is at risk of missing an opportunity to restore confidence in US surveillance practices.

“The review group was searching for ways to make the most modest pivot necessary to continue business as usual,” Meinrath said.

Headed by the CIA’s former deputy director, Michael Morrell, the review is expected to deliver its report to President Barack Obama on Sunday, the White House confirmed, although it is less clear when and how substantially its report will be available to the public.

National security council spokeswoman Caitlin Hayden said she would have no further comment “on a report that is not yet final and hasn’t yet been submitted to the White House”.

Should the review group’s report resemble descriptions that leaked late Thursday, the report “does nothing to alter the lack of trust the global populace has for what the US is doing, and nothing to restore our reputation as an ethical internet steward,” said Meinrath, who met with the advisory panel and White House officials twice to discuss the bulk surveillance programs that have sparked international outrage.

Leaks about the review group’s expected recommendations to the New York Times and Wall Street Journal strengthened Meinrath and other participants’ long-standing suspicions that much of the NSA’s sweeping spy powers would survive. [Continue reading…]

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AT&T accused of violating privacy law with sale of phone records to CIA

Ars Technica: Consumer advocates have asked the Federal Communications Commission (FCC) to declare that AT&T violated a privacy rule in the Communications Act by selling phone records to the Central Intelligence Agency (CIA).

A report last month said that “AT&T has turned over international calling records to the CIA. The telecom charges the CIA more than $10 million per year in exchange for access to metadata about calls by suspected terrorists overseas.”

In response, a group of consumer advocacy groups led by Public Knowledge filed a petition today with the FCC.

Appealing to the FCC is a new tactic against government collection of calling records. Previously, privacy advocates have tried to shut down the phone collection by filing lawsuits, including one in the Supreme Court. [Continue reading…]

Meanwhile, Reuters reports: Verizon Communications Inc told activist investors on Wednesday that it might skip a vote on a shareholder proposal that seeks details on the company’s cooperation with government surveillance efforts.

Verizon’s law firm Jones Day said in a November 25 letter that the company would exclude the measure from its 2014 proxy statement unless the activists did more to verify their eligibility to file the proposal.

The company’s response appears to be more aggressive than the stance AT&T Inc took against a similar proposal, said Jonas Kron, senior vice president for Trillium Asset Management, a co-filer of the measures at both telecommunications companies.

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How Google should respond to revelation that NSA uses its cookies to track and exploit

Mike Masnick writes: The latest Washington Post story from the Snowden leaks highlights how the NSA was able to effectively piggyback on Google’s ad-tracking cookies to track someone’s online activities and to “enable remote exploitation” (the details of that exploitation are not revealed, but there are a few ways that would be possible).

It’s important to note, first off, that it does not appear that that the NSA is doing this in any “bulk” sense. Rather it appears to be accessing this and other data via more specific orders. That is, rather than going through everyone’s surfing habits, it’s using this particular “trick” when it’s looking for someone (or something) specific, and likely getting a FISA court order to do so.

Still, this should raise very serious concerns — and it should lead internet companies to rethink the way they use cookies. I know that some people want an extreme solution, in which cookies go away entirely, but that ignores the many benefits that cookies/tracking can provide. As we’ve said in the past, privacy is always about tradeoffs, and generally it should be about tradeoffs where individuals can assess if what they’re giving up is worth what they get in return. The problem here is that the information on what they were giving up was not clear at all, and open to abuse — meaning that things may have tilted pretty far in one direction. [Continue reading…]

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NSA leaks blamed for Cisco’s falling sales overseas

Ars Technica: Cisco executives recently announced declines in product orders in China, and have placed at least part of the blame on the National Security Agency.

“In our Q1 earnings call of November 13th, we stated that product orders in China declined 18% in Q1 FY14, whereas in Q4 FY13, we referenced that our business in China had declined 6%,” a Cisco spokesperson told Ars. “By comparison, China bookings were up 8% in Q3 FY13. So, yes, there is a short-term trend of declining business in China, which we have acknowledged.”

Cisco noted that overall revenue is growing. “From a topline perspective, total revenues grew 2% $12.1B for the first quarter. Cisco revenues also grew at 6% in the preceding quarter, and grew 5% in the quarter ending April 2013,” the company said.

The trend in China is a little worrying, though. When former NSA contractor Edward Snowden revealed documents that showed the NSA had infiltrated the network infrastructure of universities and other institutions in China, suspicion was immediately cast upon Cisco. In an article published on June 20, the Chinese English-language newspaper Global Times stated, “Although the company has issued statements saying that it is not involved in monitoring citizens or government communications in China or anywhere else, recent events mean that it may be quite a long time before we can trust Cisco again.”

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International bill of digital rights: call from 500 writers around the world

Martin Amis, Arundhati Roy, Tom Stoppard, Margaret Atwood, Don DeLillo, Richard Ford, Henning Mankell, Günter Grass, Michael Ondaatje, Ian McEwan, Orhan Pamuk and others write:

A stand for democracy in a digital age

In recent months, the extent of mass surveillance has become common knowledge. With a few clicks of the mouse the state can access your mobile device, your email, your social networking and internet searches. It can follow your political leanings and activities and, in partnership with internet corporations, it collects and stores your data, and thus can predict your consumption and behaviour.

The basic pillar of democracy is the inviolable integrity of the individual. Human integrity extends beyond the physical body. In their thoughts and in their personal environments and communications, all humans have the right to remain unobserved and unmolested.

This fundamental human right has been rendered null and void through abuse of technological developments by states and corporations for mass surveillance purposes.

A person under surveillance is no longer free; a society under surveillance is no longer a democracy. To maintain any validity, our democratic rights must apply in virtual as in real space.

* Surveillance violates the private sphere and compromises freedom of thought and opinion.

* Mass surveillance treats every citizen as a potential suspect. It overturns one of our historical triumphs, the presumption of innocence.

* Surveillance makes the individual transparent, while the state and the corporation operate in secret. As we have seen, this power is being systemically abused.

* Surveillance is theft. This data is not public property: it belongs to us. When it is used to predict our behaviour, we are robbed of something else: the principle of free will crucial to democratic liberty.

WE DEMAND THE RIGHT for all people to determine, as democratic citizens, to what extent their personal data may be legally collected, stored and processed, and by whom; to obtain information on where their data is stored and how it is being used; to obtain the deletion of their data if it has been illegally collected and stored.

WE CALL ON ALL STATES AND CORPORATIONS to respect these rights.

WE CALL ON ALL CITIZENS to stand up and defend these rights.

WE CALL ON THE UNITED NATIONS to acknowledge the central importance of protecting civil rights in the digital age, and to create an international bill of digital rights.

WE CALL ON GOVERNMENTS to sign and adhere to such a convention. [Continue reading…]

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Why won’t the President rein in the intelligence community?

Ryan Lizza writes: On March 12, 2013, James R. Clapper appeared before the Senate Select Committee on Intelligence to discuss the threats facing America. Clapper, who is seventy-two, is a retired Air Force general and Barack Obama’s director of National Intelligence, in charge of overseeing the National Security Agency, the Central Intelligence Agency, and fourteen other U.S. spy agencies. Clapper is bald, with a gray goatee and rimless spectacles, and his affect is intimidatingly bureaucratic. The fifteen-member Intelligence Committee was created in the nineteen-seventies, after a series of investigations revealed that the N.S.A. and the C.I.A. had, for years, been illegally spying on Americans. The panel’s mission is to conduct “vigilant legislative oversight” of the intelligence community, but more often it treats senior intelligence officials like matinée idols. As the senators took turns at the microphone, greeting Clapper with anodyne statements and inquiries, he obligingly led them on a tour of the dangers posed by homegrown extremists, far-flung terrorist groups, and emerging nuclear powers.

“This hearing is really a unique opportunity to inform the American public to the extent we can about the threats we face as a nation, and worldwide,” Dianne Feinstein, a California Democrat and the committee’s chairman, said at one point. She asked committee members to “refrain from asking questions here that have classified answers.” Saxby Chambliss, a Georgia Republican, asked about the lessons of the terrorist attack in Benghazi. Marco Rubio, a Florida Republican, asked about the dangers of Egypt’s Muslim Brotherhood.

Toward the end of the hearing, Feinstein turned to Senator Ron Wyden, of Oregon, also a Democrat, who had a final question. The two senators have been friends. Feinstein held a baby shower for Wyden and his wife, Nancy Bass, before the birth of twins, in 2007. But, since then, their increasingly divergent views on intelligence policy have strained the relationship. “This is an issue where we just have a difference of opinion,” Wyden told me. Feinstein often uses the committee to bolster the tools that spy agencies say they need to protect the country, and Wyden has been increasingly concerned about privacy rights. For almost a decade, he has been trying to force intelligence officials like Clapper to be more forthcoming about spy programs that gather information about Americans who have no connection to terrorism.

Wyden had an uneasy kind of vindication in June, three months after Clapper’s appearance, when Edward Snowden, a former contractor at the N.S.A., leaked pages and pages of classified N.S.A. documents. They showed that, for the past twelve years, the agency has been running programs that secretly collect detailed information about the phone and Internet usage of Americans. The programs have been plagued by compliance issues, and the legal arguments justifying the surveillance regime have been kept from view. Wyden has long been aware of the programs and of the agency’s appalling compliance record, and has tried everything short of disclosing classified information to warn the public. At the March panel, he looked down at Clapper as if he were about to eat a long-delayed meal. [Continue reading…]

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Is Silicon Valley taking a stand in favor of surveillance reform or simply assuming a posture?

Jeff Jarvis writes: Whose side are you on? That is the question MP Keith Vaz asked Alan Rusbridger last week when he challenged the Guardian editor’s patriotism over publishing Edward Snowden’s NSA and GCHQ leaks.

And that is the question answered today by eight tech giants in their letter to the White House and Congress, seeking reform of government surveillance practices worldwide. The companies came down at last on the side of citizens over spies.

Of course, they are also acting in their own economic (albeit enlightened) self-interest, for mass spying via the internet is degrading the publics’, clients’, and other nations’ trust in the cloud and its frequently American proprietors. Spying is bad for the internet; what’s bad for the internet is bad for Silicon Valley; and — to reverse the old General Motors saw — what’s bad for Silicon Valley is bad for America.

But in their letter, the companies stand first and firmly on principle. They propose that government limit its own authority, ending bulk collection of our communication. They urge transparency and oversight of surveillance, which has obviously failed thus far. And they argue against the balkanization of the net and the notion that countries may insist that data respect national borders.

Bravo to all that. I have been waiting for Silicon Valley to establish whether it collectively is a victim or a collaborator in the NSA’s web. I have wondered whether government had commandeered these companies to its ends. I have hoped they would use their power to lobby for our rights. And now I hope government — from Silicon Valley’s senator, NSA fan Dianne Feinstein, to president Obama — will listen.

This is a critical step in sparking real debate over surveillance and civil rights. It was nice that technology companies banded together once before to battle against the overreaching copyright regime known as SOPA and for our ability to watch Batman online. Now they must fight for our fundamental — in America, our constitutional — rights of speech and assembly and against unreasonable search and seizure. ‘Tis a pity it takes eight companies with silly names to do that. [Continue reading…]

The makeup of the band of corporate reformists seems to have been dictated by PowerPoint, which is to say, everyone named on the slides leaked by Snowden wants to salvage their reputation. But the problem with this type of appeal for reform is that it’s no different from the kind that might be made by any toothless advocacy group. Indeed, if these companies just want to present a wish-list of the kind of reform they claim they would like to see, then it’s pretty obvious that if no such reform is forthcoming then it will be back to business as usual.

The only thing about which we can be absolutely confident is that now, as always, corporations will act in accordance with what they determine are their own interests.

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