What Ed Snowden has achieved so far

Roger Cohen has a terrific column in today’s International Herald Tribune listing the things we wouldn’t have known if Edward Snowden hadn’t revealed them.

Here’s a summary of Cohen’s list:

We would not know:

  • how the N.S.A. has been able to access the e-mails or Facebook accounts or videos of citizens across the world
  • how it has secretly acquired the phone records of millions of Americans
  • how through requests to the compliant and secret Foreign Intelligence Surveillance Court (F.I.S.A.) it has been able to bend nine U.S. Internet companies to its demands for access to clients’ digital information
  • We would not be:

  • debating whether the United States really should have turned surveillance into big business, offering data-mining contracts to the likes of Booz Allen and, in the process, high-level security clearance to myriad folk who probably should not have it
  • having a serious debate at last between Europeans, with their more stringent views on privacy, and Americans about where the proper balance between freedom and security lies
  • We would not have:

  • legislation to bolster privacy safeguards and require more oversight introduced by Senator Patrick Leahy, Democrat of Vermont and the chairman of the Judiciary Committee
  • a letter from two Democrats to the N.S.A. director, Gen. Keith B. Alexander, saying that a government fact sheet about surveillance abroad “contains an inaccurate statement” (and where does that assertion leave Alexander’s claims of the effectiveness and necessity of Prism?)
  • In short, without Snowden’s revelations we would not be having

    a long-overdue debate about what the U.S. government does and does not do in the name of post-9/11 security — the standards applied in the F.I.S.A. court, the safeguards and oversight surrounding it and the Prism program, the protection of civil liberties against the devouring appetites of intelligence agencies armed with new data-crunching technology — would not have occurred, at least not now.

    That just about nails it.

    The open society and its (internal) enemies

    Very judicious New Yorker comment piece about the Snowden revelations by Henrik Hertzberg. I was particularly struck by this passage:

    The critics have been hard put to point to any tangible harm that has been done to any particular citizen. But that does not mean that no harm has been done. The harm is civic. The harm is collective. The harm is to the architecture of trust and accountability that supports an open society and a democratic polity. The harm is to the reputation and, perhaps, the reality of the United States as such a society, such a polity.

    On May 23rd, President Obama made clear in a passionate speech his readiness to reconceive the so-called war on terror. “This war, like all wars, must end,” he said. “We must define the nature and scope of this struggle, or else it will define us,” he said. One aspect of that struggle, “expanded surveillance,” he said, raises “difficult questions about the balance we strike between our interests in security and our values of privacy.” Given the month’s disclosures, Mr. President, you can say that again.

    He’s right. The harm is civic in the first instance.

    GCHQ: this is a pivotal moment

    My Comment piece about GCHQ’s cable-tapping.

    What it comes down to, in the end, is: “Trust us.” And the trouble with that is that in recent decades our political elites have done precious little to deserve our trust. Now we’re being asked to suspend our disbelief as they eavesdrop on all of our online activities – to trust them, in a way, with the most intimate details of our social and private lives. And all on the basis of laws that they – or their security apparatuses – wrote in order to rationalise and legitimate their snooping.

    What we’re witnessing is the metamorphosis of our democracies into national security states in which the prerogatives of security authorities trump every other consideration and in which critical or sceptical appraisal of them is ruled out of court.

    In the UK, for example, we’ve watched GCHQ – the organisation that emerged from the huts of Bletchley Park, trailing clouds of Enigma glory – swell into a gigantic bureaucracy whose remit includes cyber-crime and cyber-espionage and, now, eavesdropping on its own citizens. In the world of organisational politics, there is a term for this: mission creep. And with it comes the kind of swaggering hubris implicit in the name chosen for the cable-tapping project: Mastering the Internet. Says it all, really.

    It’s the metadata, stoopid

    This morning’s Observer column.

    “To be remembered after we are dead,” wrote Hazlitt, “is but poor recompense for being treated with contempt while we are living.” Cue President “George W” Obama in the matter of telephone surveillance by his National Security Agency. The fact that for the past seven years the agency has been collecting details of every telephone call placed in the United States without a warrant was, he intoned, no reason for Americans to be alarmed. “Nobody is listening to your telephone calls,” he cooed. The torch was then passed to Dianne Feinstein, chair of the Senate intelligence committee, who was likewise on bromide-dispensing duty. “This is just metadata,” she burbled, “there is no content involved.”

    At which point the thought uppermost in one’s mind is: what kind of idiots do they take us for? Of course there’s no content involved, for the simple reason that content is a pain in the butt from the point of view of modern surveillance. First, you have to listen to the damned recordings, and that requires people (because even today, computers are not great at understanding everyday conversation) and time. And although Senator Feinstein let slip that the FBI already employs 10,000 people “doing intelligence on counter-terrorism”, even that Stasi-scale mob isn’t a match for the torrent of voice recordings that Verizon and co could cough up daily for the spooks…

    While we’re on the George W. Obama theme, John Perry Barlow claimed this morning that the Obama administration has now prosecuted seven officials under the Espionage Act and goes on to point out that the total for all his predecessors since 1917 is 3.

    Caught in the trap

    This morning’s Observer column.

    Watching William Hague doing his avuncular routine in the Commons on Monday, I was reminded of the way establishment figures in the 1950s used to reassure hoi polloi that they had nothing to worry about. Everything was in order. The Right Chaps were in charge. Citizens who had done nothing wrong, declared Uncle Hague, had nothing to fear from comprehensive surveillance.

    Oh yeah? As Stephen Fry observed in an exasperated tweet: “William Hague’s view seems to be ‘we can hide a camera & bug in your room & if you’ve got nothing to hide, what’s the worry?’ Hell’s teeth!”

    Hell’s teeth indeed. I can think of thousands of people who have nothing to hide, but who would have good reasons to worry about intrusive surveillance. Journalists seeking to protect their sources, for example; NHS whistleblowers; people seeking online help for personal psychological torments; frightened teenagers seeking advice on contraception or abortion; estranged wives of abusive husbands; asylum seekers and dissident refugees; and so on.

    In a way, Hague’s smug, patronising tone was the least troubling aspect of the NSA/GCHQ story…

    Irrationality on stilts

    gun and terrorism graphic

    When all else fails, the supposedly clinching argument of the National Security State is that infringements of our liberties is ABSOLUTELY ESSENTIAL to protect us from the awful prospect of terrorism. The same state, however, seems remarkably unconcerned about things that are much more dangerous than terrorism — as Conor Friedersdorf points out a in fine essay in The Atlantic.

    In 2001, the year when America suffered an unprecedented terrorist attack — by far the biggest in its history — roughly 3,000 people died from terrorism in the U.S. 

    Let’s put that in context. That same year in the United States:

    71,372 died of diabetes.

    29,573 were killed by guns.

    13,290 were killed in drunk driving accidents.

    That’s what things looked like at the all-time peak for deaths by terrorism. Now let’s take a longer view. We’ll choose an interval that still includes the biggest terrorist attack in American history: 1999 to 2010.

    Again, terrorists killed roughly 3,000 people in the United States. And in that interval,

    roughly 360,000 were killed by guns (actually, the figure the CDC gives is 364,483 — in other words, by rounding, I just elided more gun deaths than there were total terrorism deaths).

    roughly 150,000 were killed in drunk-driving accidents.

    George W. Obama

    Terrific, biting NYTimes column by Maureen Dowd.

    The president calls the vast eavesdropping apparatus “modest encroachments on privacy.”

    Back in 2007, Obama said he would not want to run an administration that was “Bush-Cheney lite.” He doesn’t have to worry. With prisoners denied due process at Gitmo starving themselves, with the C.I.A. not always aware who it’s killing with drones, with an overzealous approach to leaks, and with the government’s secret domestic spy business swelling, there’s nothing lite about it.

    Google’s choice: between a rock and a very hard place

    My Observer Comment piece about the dilemma facing Google and the other Internet giants: do they co-operate with the National Security State? Or look after their users’ (and their own commercial) interests?

    The revelations of the past week explain why Schmidt was so preoccupied with the power of the state – especially of the national security state, which is what our democracies are morphing into. The apparent contradictions between, on the one hand, Google’s vehement insistence that it has “not joined any programme that would give the US government – or any other government – direct access to our servers” and, on the other, the assertions to the contrary in the leaked National Security Agency slide-deck that demonstrate the extent to which Google (and the other internet companies) are caught between a rock and a very hard place.

    The rock is that the national security state, as embodied in the National Security Agency, GCHQ and kindred agencies, shows no sign of withering away. Au contraire. In the end, companies such as Google, Microsoft, Facebook and Apple will be compelled to obey the state’s orders. If they don’t, their executives will find themselves sharing jail cells with the likes of Bradley Manning.

    The hard place is corporate terror that their users will become alienated by the realisation that personal communications cannot be safely entrusted to internet companies based in the US. Crunch time has arrived for Google & co, in other words. I look forward to the second, revised, edition of Schmidt’s book.

    Robber Barons in chinos



    The Amazon cat, originally uploaded by jjn1.

    Terrific Guardian column by Larry Elliott on the rearguard action by corporate execs like Eric Schmidt against public anger about tax avoidance.

    All credit to [Margaret] Hodge [Chair of the Commons Committee which criticised Google] for flushing Schmidt out. He likes to portray himself as the new sort of boss of a new sort of company, the ones that boast of their non-hierarchical structures, their dress-down policies and their chill-out zones. But the row about tax has shown that the people running these new-wave behemoths are not hippy capitalists, they are robber barons in chinos.

    Nor should we expect otherwise. The dominant form of corporate organisation in the west is the joint stock company, the purpose of which is to deliver profits for its shareholders. Almost all these companies pay lip-service to corporate social responsibility. The companies selling booze say they are firmly committed to tackling problem drinking. The betting shop chains say they want to see responsible gambling. The fast food companies and the soft drinks industry sponsor sporting events in the hope that nobody notices how they are contributing to obesity. But they are in business to maximise profits for their shareholders. Period.

    Spot on. Whenever I hear corporate executives bleating about not being evil or about how passionately they care about ‘corporate social responsibility’ I’m reminded of our two domestic cats. They are charming animals, and I lecture them daily on the need to be kind to small mammals and the birds who throng to our garden. All to no effect: they are cats and they do what cats do. They follow their instincts. Same goes for corporations. They exist to maximise shareholder value. Period.