More fallout from the NSA revelations

From today’s New York Times

For years, Microsoft has let its customers in Europe, including businesses and organizations, keep their online data close to them. The company operates big data centers in Amsterdam and Dublin for that very purpose.

It now looks as if the company will deepen its commitment to letting those customers decide where their information is stored, at least partly because of concern about spying by the National Security Agency.

In an interview with The Financial Times, Brad Smith, Microsoft’s general counsel, said the company’s customers should be able to “make an informed choice of where their data resides.”

“Technology today requires that people have a high degree of trust in the services they are using ,” he told the paper. “ The events of the last year undermine some of that trust,” he said. “That is one of the reasons new steps are needed to address it.”

Interesting. In some ways, Microsoft is closer to the business community than are Google & Co. They may also be sensitive to the fact that some big European companies (e.g. Siemens) are offering European-based cloud services.

Inequality in Britain

For example, as you travel on the London Underground just six miles (or 14 stops) east from the heart of government at Westminster to Canning Town, the life expectancy of the inhabitants at each successive stop falls by six months.

Donald Kaberuka, President of the African Development Bank

Source

Obama: relaxed about the NSA

Here’s Obama, on Air Force One, talking to David Remnick, the Editor of the New Yorker who was writing a pretty friendly piece. Excerpts include these:

After a while, one of the aides led me to the front cabin to talk with the President some more. The week before, Obama had given out the annual Presidential Medals of Freedom. One went to Benjamin C. Bradlee, the editor who built the Washington Post by joining the Times in publishing the Pentagon Papers, in 1971, and who stood behind Bob Woodward and Carl Bernstein as they began publishing the Watergate exposés that led to the fall of the Nixon Presidency. I asked Obama how he could reconcile such an award with his Administration’s aggressive leak investigations, which have ensnared journalists and sources, and its hostility to Edward Snowden’s exposure of the N.S.A.’s blanket surveillance of American and foreign communications.

After a long pause, Obama began to speak of how his first awareness of politics came when, as an eleven-year-old, he went on a cross-country bus trip with his mother and grandmother and, at the end of each day, watched the Watergate hearings on television. “I remember being fascinated by these figures and what was at stake, and the notion that even the President of the United States isn’t above the law,” he said. “And Sam Ervin with his eyebrows, and Inouye, this guy from Hawaii—it left a powerful impression on me. And so, as I got older, when I saw ‘All the President’s Men,’ that was the iconic vision of journalism telling truth to power, and making sure our democracy worked. And I still believe that. And so a lot of the tensions that have existed between my White House and the press are inherent in the institution. The press always wants more, and every White House, including ours, is trying to make sure that the things that we care most about are what’s being reported on, and that we’re not on any given day chasing after fifteen story lines.”

Then Obama insisted that what Snowden did was “not akin to Watergate or some scandal in which there were coverups involved.” The leaks, he said, had “put people at risk” but revealed nothing illegal. And though the leaks raised “legitimate policy questions” about N.S.A. operations, “the issue then is: Is the only way to do that by giving some twenty-nine-year-old free rein to basically dump a mountain of information, much of which is definitely legal, definitely necessary for national security, and should properly be classified?” In Obama’s view, “the benefit of the debate he generated was not worth the damage done, because there was another way of doing it.” Once again, it was the President as Professor-in-Chief, assessing all sides, and observing the tilt of the scales. (The day before his speech last week on reforming the N.S.A., he told me, “I do not have a yes/no answer on clemency for Edward Snowden. This is an active case, where charges have been brought.”)

The coverage of the leaks, Obama complained, paints “a picture of a rogue agency out there running around and breaking a whole bunch of laws and engaging in a ‘domestic spying program’ that isn’t accurate. But what that does is it synchs up with a public imagination that sees Big Brother looming everywhere.” The greater damage, in his view, was the way the leaks heightened suspicions among foreign leaders. Obama enjoyed a good relationship with Angela Merkel, but he admitted that it was undermined by reports alleging that the U.S. tapped her cell phone. This, he said, felt “like a breach of trust and I can’t argue with her being aggravated about that.”

[…]

Obama admitted that the N.S.A. has had “too much leeway to do whatever it wanted or could.” But he didn’t feel “any ambivalence” about the decisions he has made. “I actually feel confident that the way the N.S.A. operates does not threaten the privacy and constitutional rights of Americans and that the laws that are in place are sound, and, because we’ve got three branches of government involved and a culture that has internalized that domestic spying is against the law, it actually works pretty well,” he said. “Over all, five years from now, when I’m a private citizen, I’m going to feel pretty confident that my government is not spying on me.”

So that’s all right then. Steady as we go.

Are referenda a good way to make national decisions?

Robert Cooper is in no doubt about this.

This is easy to answer: no. It is shameful that few political leaders are ready to say so. Democracy is not just about voting. It is also about debate and about responsibility.

Debate is necessary to understand complex issues. We invented representative democracy because debate is time-consuming and it is not practical in a modern state to assemble the whole population in market squares to debate issues. (In Athens the people were able to do this because citizens were few and they had helots and women to do the work.) Under the system of government “by the people”, the people choose the government and then hold it accountable when they don’t like what it does. If referendums are “more democratic” than decisions by parliament, why not make decisions about taxation or electricity prices by referendum, as has been tried in California (and then the lights went out)? When bad decisions are made in this way, who takes responsibility?

For years, both parties resisted calls for  a referendum on capital punishment because they feared there would be a majority in favour of it. Over time and through long debates, parliament became convinced by the evidence that capital punishment had no deterrent value and that innocent people had been hanged. Yet they feared that, in a referendum, the debate would be shallow and voters would follow prejudice rather than the evidence.

The referendum on the Alternative Vote (AV) showed how difficult it can be to generate a serious debate on matters that are important but complicated where mastery of the detail demands time.

Yep.

Dan Ellsberg on Edward Snowden

Hi Reddit,

I am Daniel Ellsberg, the former State and Defense Department official who leaked 7,000 pages of Top Secret documents on the Vietnam War to the New York Times and 19 other papers in 1971. Recently, I co-founded the Freedom of the Press Foundation. Yesterday, we announced Edward Snowden, NSA whistleblower, will be joining our board of directors!

Here’s our website: https://pressfreedomfoundation.org

I believe that Edward Snowden has done more to support and defend the Constitution—in particular, the First and Fourth Amendments—than any member of Congress or any other employee or official of the Executive branch, up to the president: every one of whom took that same oath, which many of them have violated.

Ask me anything.

Here’s proof it’s me: https://twitter.com/DanielEllsberg/status/423520429676826624

If you want to take action against mass surveillance, visit TheDayWeFightBack and demand reform in Congress on February 11th.

Source

Mass surveillance: an “insurance policy”

I was struck by this passage in an admirable blog post by Ray Corrigan.

The latest from the NSA is that they now seem to be admitting (in spite of previous claims that this mass surveillance stopped 54 major terror attacks it didn’t really stop any, but may possibly have provided secondary supportive evidence in relation to one) that the best argument they can come up with is mass data collection might be useful as an “insurance policy”. What?! An insurance policy?! The infrastructure of mass surveillance might be useful in the future, somehow, to someone?

The relevant passage in the NSA testimony reads:

While Inglis conceded in his NPR interview that at most one terrorist attack might have been foiled by NSA’s bulk collection of all American phone data – a case in San Diego that involved a money transfer from four men to al-Shabaab in Somalia – he described it as an “insurance policy” against future acts of terrorism.

“I’m not going to give that insurance policy up, because it’s a necessary component to cover a seam that I can’t otherwise cover,” Inglis said.

We need not just Orwell and Kafka to deal with the NSA story. We need Borges too.

The New York Times had a splendid editorial the other day, arguing the case for clemency for Edward Snowden, among other things.

Among the NSA violations unearth by the controversy, the editorial pointed out that the Snowden leaks

“revealed that James Clapper Jr, the director of national intelligence, lied to Congress when testifying in March that the NSA was not collecting data on millions of Americans. (There has been no discussion of punishment for that lie.)”

According to the Guardian_, this prompted Robert Litt, the general counsel to the Office of the Director of National Intelligence, to write to the _Times to deny the allegation. In his letter Litt refers to one of the key Senate advocates of NSA reform, Senator Ron Wyden, and continues:

“Senator Wyden asked about collection of information on Americans during a lengthy and wide-ranging hearing on an entirely different subject. While his staff provided the question the day before, Mr Clapper had not seen it. As a result, as Mr Clapper has explained, he was surprised by the question and focused his mind on the collection of the content of Americans’ communications. In that context, his answer was and is accurate.

“When we pointed out Mr Clapper’s mistake to him, he was surprised and distressed. I spoke with a staffer for Senator Wyden several days later and told him that although Mr Clapper recognized that his testimony was inaccurate, it could not be corrected publicly because the program involved was classified.”

Litt concluded: “This incident shows the difficulty of discussing classified information in an unclassified setting and the danger of inferring a person’s state of mind from extemporaneous answers given under pressure. Indeed, it would have been irrational for Mr. Clapper to lie at this hearing, since every member of the committee was already aware of the program.”

If you wanted a case study in why this kind of surveillance threatens democracy, then this is it.

Greed is good: Boris Johnson

Interesting snippet from the Mayor’s Margaret Thatcher Lecture:

Like it or not, the free market economy is the only show in town. Britain is competing in an increasingly impatient and globalised economy, in which the competition is getting ever stiffer.

No one can ignore the harshness of that competition, or the inequality that it inevitably accentuates; and I am afraid that violent economic centrifuge is operating on human beings who are already very far from equal in raw ability, if not spiritual worth.

Whatever you may think of the value of IQ tests, it is surely relevant to a conversation about equality that as many as 16 per cent of our species have an IQ below 85, while about 2 per cent have an IQ above 130. The harder you shake the pack, the easier it will be for some cornflakes to get to the top.

And for one reason or another – boardroom greed or, as I am assured, the natural and god-given talent of boardroom inhabitants – the income gap between the top cornflakes and the bottom cornflakes is getting wider than ever. I stress: I don’t believe that economic equality is possible; indeed, some measure of inequality is essential for the spirit of envy and keeping up with the Joneses that is, like greed, a valuable spur to economic activity.

My colleague Andrew Rawnsley picked up on this in his Observer column, and perceives a link to Aldous Huxley’s dystopian vision.

Aldous Huxley called Brave New World, his dark depiction of a future for humankind in which everyone is conditioned to know their place, a “negative utopia”. Children are born into various castes, which are sub-divided into “Plus” and “Minus” members. Each caste is designed to serve predetermined roles in society from which they can never break free. There are the Gammas, Deltas and Epsilons who are bred to do the menial tasks and chemically manipulated to prevent them from wanting to be anything more than they are. At the top sits a tiny elite of Alphas who wield the power.

I don’t know whether the mayor of London is familiar with Huxley’s novel. He might like one of its conceits: to sustain the placidity of the population, recreational and promiscuous sex is strongly encouraged by the state. I am sure he would protest that this was not his intention, but the vision of society that he promotes is not entirely remote from Huxley’s chilling dystopia. The mayor, who presumably regards himself as an Alpha Plus, is effectively telling the person who cleans his office, whom he dismisses as an Epsilon Minus, that their unequal fates are preordained at birth.

“Why on earth enter this territory?” asks one close ally of David Cameron. “Anything that has the whiff of eugenics is just not smart. A lot of people read that and thought, ‘Oh, fuck, Boris. Do you really want to say that?'”

The good news, as Rawnsley observes — and doubtless Tory strategists agree — is that Johnson is doing sterling work reinstating the Tories as the Nasty Party. Long may he continue in this important work.

The importance of being Edward

Opener of my long piece in today’s Observer on the implications of the Snowden revelations.

Whatever else 2013 will be remembered for, it will be known as the year in which a courageous whistleblower brought home to us the extent to which the most liberating communications technology since printing has been captured.

Although Edward Snowden’s revelations initially seemed only to document the extent to which the state had exploited internet technology to create a surveillance system of unimaginable comprehensiveness, as the leaks flowed it gradually dawned on us that our naive lust for “free” stuff online had also enabled commercial interests effectively to capture the internet for their own purposes.

And, as if that realisation wasn’t traumatic enough, Snowden’s revelations demonstrated the extent to which the corporate sector – the Googles, Facebooks, Yahoos and Microsofts of this world – have been, knowingly or unknowingly, complicit in spying on us.

What it boils down to is this: we now know for sure that nothing that you do online is immune to surveillance, and the only people who retain any hope of secure communications are geeks who understand cryptography and use open-source software.

This is a big deal by any standards and we are all in Snowden’s debt, for he has sacrificed his prospects of freedom and a normal life so that the rest of us would know what has happened to the technologies on we now depend. We can no longer plead ignorance as an excuse for alarm or inaction.

Read on…