Kafka rules OK in the National Security state

Here’s a sobering story.

Two weeks ago when USA TODAY published their famous story about a database of telephone records maintained by the NSA on all Americans, I decided to test my luck and see if I can get a copy of those records via a Privacy Act request. Following instructions on NSA’s FOIA page, I sent them a digitally signed email with my request (I have never seen any other federal agency accept signed email in liue of a written request). The email is as follows:

Under the Freedom of Information Act, 5 U.S.C. subsection 552 and the Privacy Act, 5 U.S.C. section 552a, please furnish me with copies of all records about me indexed to my name, social security number and phones numbers specified below. To help identify information about me in your record systems, I am providing the following required information…

And the reply? It went like this:

Because of the classified nature of the National Security Agency’s efforts to prevent and protect against terrorist attacks, the fact of whether or not any specific technique or method or activity is employed in that effort is exempt from release pursuant to the exemption provisions of the FOIA.

We can neither confirm nor deny the existence of records responsive to your request. The fact of the existence or non-existence of responsive records is a currently and properly classified matter in accordance with Executive Order 12958, as amended. Thus, your request is denied pursuant to the first exemption of the FOIA, which provides that the FOIA does not apply to matters that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign relations and are properly classified pursuant to such Executive Order.

Moreover, the third exemption of the FOIA provides for the withholding of information specifically protected from disclosure by statute. Thus, your request is also denied because the fact of the existence or non-existence of the information is exempted from disclosure pursuant to the third exemption. The specific statutes applicable in this case are Title 18 U.S. Code 798; Title 50 U.S. Code 403-1(i); and Section 6, Public Law 86-36 (50 U.S. Code 402 note)…

The Chicken-Hawk list

Tomorrow is Memorial Day, when the US honours those who have died on active service. How nice then to find a helpful list of the “Chicken-hawks” who have blithely volunteered other people’s kids for war duties in Iraq and Afghanistan. They include:

  • President George W. Bush – served four years of a six years Nat’l Guard commitment, some say after daddy’s friends pulled some strings to keep him out of Vietnam. The circumstances of his early separation from state-side service are still controversial (details)
  • Karl Rove, occasional Deputy Chief of Staff and alleged full time smear artist, escaped the draft and did not serve
  • VP Dick Cheney – several deferments, by marriage and timely fatherhood  
  • Former VP Chief of Staff I. Lewis Scooter Libby – did not serve
  • Secretary of State and former NSA Condaleeza Rice – did not serve
  • Senate Majority Leader Bill Frist – did not serve.
  • Speaker of the House Dennis Hastert – did not serve.
  • Former House Majority Leader Tom Delay – did not serve
  • House Majority Whip Roy Blunt – did not serve
  • Majority Whip Mitch McConnell – did not serve
  • Rick Santorum, third ranking Republican in the Senate – did not serve.
  • Former Senate Majority Leader Trent Lott – did not serve
  • And then, of course, there are the fearless right-wing hacks who want (other) Americans to whip the asses of Islamicists and other non-Americans everywhere. They include:

  • Rush Limbaugh – did not serve
  • Sean Hannity – did not serve
  • Pat Buchanan – did not serve
  • Ann Coulter – did not serve
  • Ralph Reed – did not serve
  • Bill O’Reilly – did not serve
  • Michael Savage – did not serve
  • Bill Kristol – did not serve
  • As the man said, Hell hath no fury like a non-combatant.

    The Homburg factor, contd.

    Mary Riddell, writing in today’s Observer about the way the female vote is beginning to slip back to the Tories.

    It is a minor tragedy that Brand Gordon is so difficult to sell. No modern politician has a better record on doing good things for women and children. Unlike Cameron, he has a proven track record on social justice, child poverty, SureStart and daycare. Up close, he is engaging, good fun and heartfelt in his attachment to his family. All my female colleagues and friends prefer Brown’s policies and saturnine style to Cameron’s porridge-cooking, apron-wearing, PR-driven smarm.

    But we may be in a minority. If women are going Dave’s way, then what is Gordon to do? The usual answer is that he will have to lighten up. That, though, may be neither possible nor prudent. Brown might be much too leaden, but he is never going to win a levity contest with a man liable, if he sheds any more Tory ballast, to shoot heavenwards like a helium balloon.

    Good news — of a sort

    According to the Pew Research Center,

    At the moment, the American public strongly prefers non-military approaches to dealing with Iran’s nuclear technology program. Only three-in-ten (30%) favor bombing military targets in Iran, while 37% support efforts to overthrow Iran’s government, according to a new survey by the Pew Research Center for the People & the Press. Among Republicans, support for these two options is greater but less than a majority (46% back bombing, 49% favor trying to unseat the Iranian government). However, the public is evenly divided (46%-46%) on the option of giving Iran energy-generating nuclear technology in exchange for the abandonment of any efforts to develop nuclear weapons.

    Targeting insanity

    Wonderful column by Simon Caulkin on why the New Labour regime’s obsession with ‘targets’ is nuts. Excerpt:

    Because they are products of one world view applied to another – reductive mechanical measures applied to non-mechanical systems – targets have unpredictable and quickly ramifying consequences. To cut waiting lists hospitals do easier, rather than more urgent, operations; to meet exam pass rates schools exclude difficult students or encourage them into easier subjects; and to hit City earnings targets companies overstate profits or cut advertising or R&D budgets. Enron was the most target-driven company on earth, and to meet its targets it tore itself apart. The reply to ministers’ repeated refrain that ‘the private sector has targets’ is: look at Enron…

    Human rights, political absurdities

    Splendid rant by Charles Moore arguing that Blair’s discovery of the absurdities wrought by his Human Rights Act is analogous to the Black Wednesday when the Major government had to scuttle from the ERM in September 1992.

    In popular conversation now, “human rights” in this country is the subject of mockery. It is understood, essentially correctly, to be a system by which judges defend bad people from the consequences of their actions and impose duties upon good people which are unreasonable. Every nasty school pupil knows that his human rights can be invoked if the teacher gets too angry with him; every conscientious teacher knows that 20 years of unblemished conduct will count for nothing in his favour if he can be shown to have breached a child’s human rights.

    Every grumpy prisoner, second-rate employee, suspected terrorist, mixed-up trans-sexual, Muslim schoolgirl who wants to wear the most extreme forms of religious outfit – these, and countless others, know that they can get lawyers, attention, legal aid and often, money, out of “human rights”.

    Human rights are also understood, also correctly, to be an arrangement by which British citizens derive no advantage from their citizenship and foreigners can ride on their backs. Because the laws of human rights regard most of those rights as being universal, you do not have to qualify for them by becoming a citizen of our country.

    All you have to do is get inside the perimeter fence. Then your rights to religious freedom and social security and privacy and founding a family and paid holidays and free health treatment are all there. And so is the delay that so much law involves, the public expense of keeping claimants and their dependants, the fees for people like Mrs Blair, and the virtual breakdown of all administrative systems – policing, immigration, criminal justice, prisons, deportation, extradition – which relate to the problems involved…

    He’s right about one thing — the desire to incorporate Human Rights into British law was one of the ruling passions of the incoming New Labour regime in 1997. It’s funny now to see Blair railing against its counter-intuitive absurdities.

    Absurdities? Well, it turns out that even companies can have ‘human rights’.

    Let’s Not Talk

    Deliciously icy comment by the Guardian’s resident Ice Queen, Marina Hyde, on New Labour’s latest fatuous idea. Sample:

    In TS Eliot’s poetry, “the moment in the rose garden” came to symbolise a sublimely rare instant of visionary experience, that fleeting moment in which the eternal and the temporal meet, and the universe and one’s place in it seem to make intensely profound, intuitive sense.

    Tony Blair had a moment in the rose garden the other day. Or rather what is tactfully known, in the parlance of our times, as a “moment”.

    According to Downing Street insiders, it was in the No 10 rose garden that the PM chose to break the news to Charles Clarke that his desk was in the lift. Not only were Blair’s eyes said to be “red and tearful” as he escorted the former home secretary back to the house, but at one point – according to these curtain-twitching insiders – he was forced to break away from Clarke and go into a corner of the garden with his “head in his hands”.

    Now, I do not dispute the import of this moment. But if I found my lachrymose self taking refuge in the shrubbery to hide my anguish at having to lose an overpromoted, incompetent bully like Charles Clarke, I feel sure I would suddenly, in a moment quite blinding in its profundity, be struck with the sense that it would not be long before my political (and probably psychological) number was up, and I would be shunted off to the great borrowed villa in the sky. …

    As things stand, however, one suspects the prime minister understood his moment in the rose garden rather less fully than Eliot did his. Yesterday, he launched a new initiative that is designed to seize back control of the domestic policy agenda, with a new pledge to rescue public services, notably the criminal justice system. The name of this drive? Let’s Talk.

    Let’s Not and Say We Did.

    It is difficult to conceive of another name that would reflect so totally the lack of ideas left in the Blairite locker. In fact, Let’s Talk sounds like nothing so much as the ITV2 spin-off show to that earlier triumph of public badinage, The Big Conversation (which anyway nicked its name off a management-consultant-inspired BBC away-day)…

    Diebold: that security hole is a feature, not a bug

    From GMSV

    Are electronic voting machines ever held to any baseline computer security standards? It certainly doesn’t seem so. To wit, the discovery of a security hole in Diebold Election Systems’ touch-screen voting machines that experts are calling the “worst ever” in a voting system. Discovered by Harri Hursti, a Finnish computer expert who was working at the request of Black Box Voting, the vulnerable technology is intended as a means of quickly upgrading the machines’ boot loader, operating system and application program. But it can be easily exploited to load almost any software without a password or proof of authenticity, potentially without leaving any signs the machines have been tampered with. “It’s worse than a hole,” Michael Shamos, a computer science professor at Carnegie Mellon University, told the Associated Press. “It’s a deliberate feature that was added by Diebold that we all believe is unwise.” Avi Rubin, a professor of computer science at Johns Hopkins University who first cast doubt on the reliability of Diebold’s systems in a 2003 report, agreed. The machines are “much, much easier to attack than anything we’ve previously said,” he told the Baltimore Sun. “On a scale of one to 10, if the problems we found before were a six, this is a 10. It’s a totally different ballgame.”

    Er, it was Diebold machines that decided the outcome of the last Presidential election, wasn’t it?

    The invisible war

    Interesting Washington Post piece which helps to explain why Bush’s poll ratings aren’t even lower.

    After three years, there are at least 550,000 veterans of the Iraq war. The Washington Post interviewed 100 of them — many of whom were still in the service, others who weren’t — to hear about what their war was like and how the transition home has been.

    Their answers were as varied as their experiences. But a constant theme through the interviews was that the American public is largely unaffected by the war, and, despite round-the-clock television and Internet exposure, doesn’t understand what it’s like…