Magical thinking in surveillance circles

This morning’s Observer column:

The power of magical thinking – the notion that you can make something happen merely by thinking about it – has been much in evidence in the current election campaign. And that’s not entirely surprising, because as politicians get desperate, rationality goes out of the window. What is surprising, however, is when high government officials – for example, heads of intelligence and law-enforcement agencies – begin to show clear signs of the syndrome.

Exhibit A in this respect is James Comey, the current director of the FBI. Mr Comey has become so exercised by the decisions of Apple and Google to implement strong encryption in their devices and services that he appears to have lost his marbles. “I am a huge believer in the rule of law,” he told reporters last September, “but I am also a believer that no one in this country is above the law. What concerns me about this is companies marketing something expressly to allow people to place themselves above the law.”

It’s good to know that the FBI director believes that nobody should be above the law. Except, of course, for his colleague, the former NSA director, James Clapper, who lied under oath to the US Congress about the existence of bulk data collection programs and yet remains at large. But we will let that pass: after all, as Oscar Wilde observed, consistency is the last refuge of the unimaginative, and Mr Comey is nothing if not imaginative….

Read on

The apple tree at night

Apple_tree_at_night

Every year our crab-apple tree surprises us by exploding into blossom. It’s vivid in the morning. But until this evening I hadn’t noticed that it’s striking even at night.

Photographed with an iPhone 6.

Summing up

martin_wolf

Martin Wolf is one of my favourite columnists. This is his verdict on the two contenders for power in the forthcoming election.

So is the US really going to rein in the spooks?

Hmmm… Only in so far as they surveill Americans at home. Today’s New York Times reports that

On Thursday, a bill that would overhaul the Patriot Act and curtail the so-called metadata surveillance exposed by Edward J. Snowden was overwhelmingly passed by the House Judiciary Committee and was heading to almost certain passage in that chamber this month.

An identical bill in the Senate — introduced with the support of five Republicans — is gaining support over the objection of Senator Mitch McConnell, Republican of Kentucky, who is facing the prospect of his first policy defeat since ascending this year to majority leader.

Under the bills, the Patriot Act would be changed to prohibit bulk collection, and sweeps that had operated under the guise of so-called National Security Letters issued by the F.B.I. would end. The data would instead be stored by the phone companies themselves, and could be accessed by intelligence agencies only after approval of the secret Foreign Intelligence Surveillance Act court.

The legislation would also create a panel of experts to advise the FISA court on privacy, civil liberties, and technology matters, while requiring the declassification of all significant FISA court opinions.

Neither bill will, however, do anything to end the unrestricted surveillance of non-Americans, i.e the rest of the world, whose privacy, and therefore their civil liberties, will continue to be infringed by the US, without let or hindrance.