Tag: fourth amendment

This is the second part of Glenn’s interview with Democracy Now!‘s Amy Goodman to discuss the book his book. The first part are here.

Journalist, author and constitutional lawyer Glenn Greenwald’s new book “No Place To Hide” was released this week and Glenn has been on the interview circuit discussing the book, Edward Snowden and the next set of revelations about the NSA spying. In an interview with GQ magazine, he talks about what a whirlwind this last year has been as the hottest story in the world has unfolded:

Glenn Greenwald is trying to lose fifteen pounds. “Um, it’s been a little crazy these past nine months,” he says. “And I will eat French fries or potato chips if they’re in front of me.” On his porch, perched on a jungle mountaintop in Rio, the morning is fresh. Greenwald, in board shorts and a collared short-sleeve shirt, has done his daily hour’s worth of yoga and attached himself to one of his five laptops as his dozen dogs yap and wag to begin the day’s circus in his monkey-and-macaw paradise.

To put it simply, Greenwald has had one hell of a dizzying run. The Bourne plotline is familiar now: In late 2012, a shady contact calling himself Cincinnatus reached out via e-mail with the urgent desire to reveal some top-secret documents. As a blogger, author, and relentless commentator on all things related to the NSA, Greenwald had been here before. He figured it was a setup, or nut job, and disregarded the message. The source then contacted Greenwald’s friend Laura Poitras, an Academy Award-nominated documentary filmmaker, and sent along a sample of encrypted documents. Poitras got in touch with Greenwald immediately: Not only did this seem like a potential jackpot, she said, but Cincinnatus wouldn’t go ahead until Greenwald had been looped in.

Soon, per the source’s instructions, they were on a plane to Hong Kong. Greenwald and Poitras did exactly as they were told, showing up at the Mira hotel at 10:20 a.m. on June 3, in front of a giant plastic alligator, looking for a man holding a Rubik’s Cube. “I thought he would be a 60-year-old senior NSA guy,” says Greenwald. And then here’s this pale, stringbeany kid with glasses, “looking all of twentysomething.” This, of course, was the 29-year-old NSA contractor Edward Snowden. Once they retired to his hotel room, he turned over an estimated tens of thousands of documents, the vast majority of them classified “Top Secret,” comprising arguably the biggest leak of classified material in U.S. history. After days of intensive work with Greenwald and Poitras, Snowden fled-just minutes ahead of the press-only to reappear in Moscow.

This left Greenwald with the most exhilarating and daunting task of his career: to figure out how to curate and publish the vast Snowden archive in his Brazilian self-exile. Once he began, his work triggered an avalanche of articles that branded him a hero, a traitor, a collaborator. In one fell swoop, he had piqued and scandalized and provoked the world into a deeper debate about not just surveillance and privacy but power and truth. The odyssey eventually led him from The Guardian, where the first articles appeared revealing the NSA’s secret surveillance of Verizon records, to his central position in Pierre Omidyar’s $250 million muckraking gambit known as First Look Media and The Intercept, where Greenwald is figurehead, main attraction, and blogitor-in-chief.

The Guardian has a excerpt from the book describing the first hectic days following the first meeting with Mr.Snowden in Hong Kong:

On Thursday 6 June 2013, our fifth day in Hong Kong, I went to Edward Snowden’s hotel room and he immediately said he had news that was “a bit alarming”. An internet-connected security device at the home he shared with his longtime girlfriend in Hawaii had detected that two people from the NSA – a human-resources person and an NSA “police officer” – had come to their house searching for him.

Snowden was almost certain this meant that the NSA had identified him as the likely source of the leaks, but I was sceptical. “If they thought you did this, they’d send hordes of FBI agents with a search warrant and probably Swat teams, not a single NSA officer and a human-resources person.” I figured this was just an automatic and routine inquiry, triggered when an NSA employee goes absent for a few weeks without explanation. But Snowden suggested that perhaps they were being purposely low-key to avoid drawing media attention or setting off an effort to suppress evidence.

Whatever the news meant, it underscored the need for Laura Poitras – the film-maker who was collaborating with me on the story – and I to quickly prepare our article and video unveiling Snowden as the source of the disclosures. We were determined that the world would first hear about Snowden, his actions and his motives, from Snowden himself, not through a demonisation campaign spread by the US government while he was in hiding or in custody and unable to speak for himself.

Our plan was to publish two more articles on the NSA files in the Guardian and then release a long piece on Snowden himself, accompanied by a videotaped interview, and a printed Q&A with him.

Poitras had spent the previous 48 hours editing the footage from my first interview with Snowden, but she said it was too detailed, lengthy, and fragmented to use. She wanted to film a new interview right away; one that was more concise and focused, and wrote a list of 20 or so specific questions for me to ask him. I added several of my own as Poitras set up her camera and directed us where to sit.

Along with the release of the book, Glenn has also released more documents which Kevin Gosztola summarizes at FDL’s Dissenter.

Glenn joined Democracy Now!‘s Amy Goodman to discuss the book in the first part of a two day interview.

Last weekend the journalist and constitutional lawyer Glenn Greenwald teamed up with Reddit co-founder Alexis Ohanian to debate state surveillance with former NSA and CIA chief Michael Hayden and Harvard law professor Alan Dershowitz. Greenwald and Ohanian will argued against the motion “be it resolved state surveillance is a legitimate defense of our freedoms.” The event was organized by Munk Debates and held in Toronto, Canada.

Glenn just devastated Hayden and Dershowitz.

Investigative journalists Glenn Greenwald and Laura Poitras returned to the United States on Friday for the first time since exposing the National Security Agency’s mass surveillance operations. They arrived in New York City to accept the Polk Award for national security reporting.

Glenn Greenwald and Laura Poitras of The Guardian became a story of their own amid speculation they could be arrested upon arriving at Kennedy Airport. They were instead confronted by only reporters and photographers before fighting through traffic en route to a midtown Manhattan hotel to receive a George Polk Award for national security reporting.

In remarks before an audience of other journalists and editors, the pair credited the courage of Snowden, the former NSA contractor who leaked the information for their story.

“This award is really for Edward Snowden,” Poitras said.

Greenwald said, “I hope that as journalists we realize not only the importance of defending our own rights, but also those of our sources like Edward Snowden.”

The pair shared the award with The Guardian’s Ewen MacAskill and Barton Gellman, who has led The Washington Post’s reporting on National Security Agency surveillance. Revelations about the spy programs were first published in the two newspapers in June.

In an announcement this afternoon, the Pulitzer Prize committee has awarded the Pulitzer Prize for public service to The Washington Post and the Guardian for their stories based on National Security Agency documents leaked by the former government contractor Edward J. Snowden. The citation did not mention Mr. Greenwald, Ms. Poitras or Mr. Gerlman.

LAURA POITRAS: So, I’m really incredibly honored to be here and thankful to the Polk committee for giving me a really good excuse to come home. This is the first time I’ve been home since I boarded a plane with Glenn and Ewen to go to Hong Kong, and so it’s really spectacular to be here. And it’s also quite disorienting. Last May, you know, the field, what we looked at, was a lot of uncertainty, risk, concern for everyone, and so it’s really extraordinary to be here and receive this award. But I think that it’s important also that we remember that when we actually do this reporting, the enormous risks that journalists take on and especially that sources take on, and in the case of Snowden, putting his life on the line, literally, to share this information to the public, not just the American public, but to the public internationally. [..]

GLENN GREENWALD: First of all, thank you so much to the Polk committee and Long Island University for this award. The reporting that we’ve done has received a lot of support and a lot of praise and the like, but it’s also received some very intense criticism, primarily in the United States and the U.K. And so, to be honored and recognized by our journalistic colleagues this way-speaking for myself, at least-means a great deal. I’m also really honored to be able to share the award with the people that I call my journalistic colleagues, who are on stage here with me, the people that James Clapper calls “accomplices.” You know, it really is true that the story could not have been told without numerous people, committed to telling it, involved every step of the way. [..]

And then, finally, you know, I think journalism in general is impossible without brave sources. I know our journalism, in particular, would have been impossible without the incredible courage of Edward Snowden. And it’s really remarkable that the reporting that we’ve done has won all sorts of awards, not just in the United States, but around the world, and he, in particular, has received immense support, incredible amounts of praise from countries all over the world and all sorts of awards, and the fact that for the act of bringing to the world’s attention this system of mass surveillance that had been constructed in the dark, he’s now threatened with literally decades in prison, probably the rest of his life, as a result of what the United States government is doing, I think, is really odious and unacceptable. And I hope that, as journalists, we realize how important it is not only to defend our own rights, but also those of our sources like Edward Snowden. And I think each one of these awards just provides further vindication that what he did in coming forward was absolutely the right thing to do and merits gratitude, and not indictments and decades in prison. Thanks very much.

Representative Mike Rogers (R-MI), the chairperson of the House Intelligence Committee, appeared on Meet the Press, making once again the nonsense that NSA whistleblower Edward Snowden was in cahoots with Russian intelligence and a puppet of Vladimir Putin. As Kevin Gosztola, Rogers has been spewing this discredited propaganda to cover up his lack of any oversight of the intelligence community by his committee:

The propaganda Rogers pushes is the product of a vendetta Rogers has against Snowden. The whistleblower has forced him to address the issue of oversight of the NSA-a concept in government which appears to be personally outrageous to him. He has had to think about questioning the very secret surveillance programs and policies he is committed to fiercely defending. And so, the focus must be put on Snowden to avoid doing the job he should be doing as an overseer in government.

This is not about Edward Snowden. What Rogers and the other NSA/CIA apologists don’t want you to notice is that these agencies are out of control and there is no oversight by congress. The CIA and NSA are so out of control, it created a constitutional crisis.

Snowden’s disclosures, backed up by documents, served effectively as the gravest of grave, but also very obvious warnings that no good can come from empowering a “Deep State Top Secret America” to secretly and illegally spy on its own citizens. Unsurprisingly, Congress and other government officials now find themselves in this moment of “constitutional crisis” where not only is freedom of the press threatened, and ordinary citizens are not allowed to know about or democratically control the Deep State “Security” Surveillance but we’ve reached the point where, for instance, the CIA’s secretive and illegal attempts to thwart the Senate Intelligence Committee’s lengthy and exhaustive investigation of CIA torture as part of its oversight responsibilities, has now led to a real constitutional crisis.

This level of dangerous blowback is exactly the harm Snowden blew the whistle on! But isn’t it also what Senator Obama campaigned he would change, if elected to the presidency, before further damage could occur to our Constitutional rule of law? And isn’t the current perilous situation on all fours with the similar constitutional crisis involving the FBI’s COINTELPRO, CIA’s CHAOS and NSA’s MINARET programs that occurred in the final years of the Vietnam War, which led to Watergate and a president’s resignation? The spying and intimidation of Senator Feinstein’s Committee is very similar to the spying on Senators Frank Church and Howard Baker, civil rights leaders Martin Luther King and Whitney Young, and main NYT and Washington Post newspaper editors and columnists along with thousands of other innocent Americans who found themselves targeted by these secret spy programs during the last six years of the Vietnam War. These “national security” programs claimed authority not only to listen but to “disrupt” Americans domestically. Wasn’t this the important history lesson that Obama actually based his campaign for “Change” on?! Senators Church and Baker have passed on but surviving Church Committee members and staffers have quickly realized that history is repeating which is why they’re so urgently calling for a new Church Committee-type investigation.

Theses agencies are manipulating the actors in this drama pitting the executive and legislative branches against each other while they pull the strings. Meanwhile, the one person who could end it all, has allowed it to continue. Why? Could it be because he is not in control of these executive agencies either?

Where is the president in all this? Mostly limp and unpersuasive so far in very restrained responses. He didn’t fire the CIA director nor the NSA director though both have lied to Congress and the public, and are obvious candidates for blame. The president did not launch a seriously independent inquiry nor does he seem to understand that, whether or not it’s fair, the blame falls at his feet. Why didn’t  he get angry?

Because he knows the secrets, he is therefore vulnerable to reprisal.

The spies may not have tapped the White House phones but they do know what he knows and can always make use of it. This is the very core of the card game played by the intelligence agencies and it didn’t start with Barack Obama. When any new president comes to town, he is told the secrets first thing and continuously. The briefings can be chilling but also thrilling.

Ultimately, it can also be slyly coopting to learn what the government knows only at the very highest level. As the agencies take the White House deeper and deeper into the black box, it becomes harder for a president to dissent. It also makes it riskier to do so. The CIA or NSA know what he heard and know what he said when he learned the secrets. If the president decides to condemn their dirty work, the spooks and spies can leak to the press how in the privacy of the Oval Office the commander-in-chief gave the green light.

The former chief investigator for the Church Committee, Ben Wides says that the Senate and House intelligence committees are now too entwined with the intelligence agencies to be effective and has called for an independent committee. The other reason for this committee is President Obama’s refusal to investigate the actions taken during the Bush/Cheney administration’s ‘war on terror.’

It is now time for a new Church Committee. Along with Firedoglake Action, we urge you to call you representatives and ask them to convene a special congressional investigation into the surveillance activities of the U.S. Intelligence Community.

This is not about Edward Snowden. This is about keeping the Republic.  

New disclosures from Edward Snowden show the NSA is massively expanding its computer hacking worldwide. Software that automatically hacks into computers – known as malware “implants” – had previously been kept to just a few hundred targets. But the news website The Intercept reports that the NSA is spreading the software to millions of computers under an automated system codenamed “Turbine.” The Intercept has also revealed the NSA has masqueraded as a fake Facebook server to infect a target’s computer and exfiltrate files from a hard drive. We are joined by The Intercept reporter Ryan Gallagher.

How the NSA Plans to Infect ‘Millions’ of Computers with Malware

By Ryan Gallagher and Glenn Greenwald, The Intercept

Top-secret documents reveal that the National Security Agency is dramatically expanding its ability to covertly hack into computers on a mass scale by using automated systems that reduce the level of human oversight in the process.

The classified files – provided previously by NSA whistleblower Edward Snowden – contain new details about groundbreaking surveillance technology the agency has developed to infect potentially millions of computers worldwide with malware “implants.” The clandestine initiative enables the NSA to break into targeted computers and to siphon out data from foreign Internet and phone networks.

The covert infrastructure that supports the hacking efforts operates from the agency’s headquarters in Fort Meade, Maryland, and from eavesdropping bases in the United Kingdom and Japan. GCHQ, the British intelligence agency, appears to have played an integral role in helping to develop the implants tactic.

In some cases the NSA has masqueraded as a fake Facebook server, using the social media site as a launching pad to infect a target’s computer and exfiltrate files from a hard drive. In others, it has sent out spam emails laced with the malware, which can be tailored to covertly record audio from a computer’s microphone and take snapshots with its webcam. The hacking systems have also enabled the NSA to launch cyberattacks by corrupting and disrupting file downloads or denying access to websites.

Mark Zuckerberg calls Obama after NSA report

By Alex Byers, Politico

Facebook CEO Mark Zuckerberg called President Barack Obama Wednesday night to complain about U.S. government actions that are undermining trust in the Internet, after a report that described how the National Security Agency posed as a Facebook server to inject malicious software into targets’ computers.

“When our engineers work tirelessly to improve security, we imagine we’re protecting you against criminals, not our own government,” Zuckerberg wrote in a Facebook post Thursday. “The U.S. government should be the champion for the internet, not a threat. They need to be much more transparent about what they’re doing, or otherwise people will believe the worst.” [..]

Zuckerberg did not make direct reference to the report in The Intercept. But he said he expressed frustration to the president about the “damage the government is creating for all of our future.” He added, “Unfortunately, it seems like it will take a very long time for true full reform.”

The NSA has denied doing any of this which flies in the face facts revealed in it’s own secret documents. Ryan Gallagher discusses those documents

A particular short excerpt from one of the classified documents, however, has taken on new significance due to the NSA’s statement. The excerpt is worth drawing attention to here because of the clarity of the language it uses about the Facebook tactic and the light it shines on the NSA’s denial. Referencing the NSA’s Quantum malware initiative, the document, dated April 2011, explains how the NSA “pretends” to be Facebook servers to deploy its surveillance “implants” on target’s computers:

It is difficult to square the NSA secretly saying that it “pretends to be the Facebook server” while publicly claiming that it “does not use its technical capabilities to impersonate U.S. company websites.” Is the agency making a devious and unstated distinction in its denial between “websites” and “servers”? Was it deliberate that the agency used the present tense “does not” in its denial as opposed to the past tense “did not”? Has the Facebook QUANTUMHAND technique been shut down since our report? Either way, the language used in the NSA’s public statement seems highly misleading – which is why several tech writers have rightly treated it with skepticism.

The same is true of the NSA’s denial that it has not “infected millions of computers around the world with malware” as part of its hacking efforts. Our report never actually accused the NSA of having achieved that milestone. Again, we reported exactly what the NSA’s own documents say: that the NSA is working to “aggressively scale” its computer hacking missions and has built a system called TURBINE that it explicitly states will “allow the current implant network to scale to large size (millions of implants).”

It should not come as a surprise that Jesselyn Radack, a human rights advocate, whistleblower group member and lawyer to former NSA contractor Edward Snowden was detained and interrogated when she arrived at London’s Heathrow Airport. Firedoglake’s KEvin Gosztola spoke with Ms. Radack after the incident which she described as “very hostile.”

As Radack recalled, she was asked why she was here. “To see friends,” she answered. “Who will you be seeing?” She answered, “A group called Sam Adams Associates.”

The agent wanted to know who was in the group. “Ray McGovern, Annie Machon, Thomas Drake, Craig Murray,” she answered. She said she is part of the group as well.

“Where will you meet?” Radack answered, “At the Ecuadorian Embassy.” Then, the agent asked, “With Julian Assange?” Radack said yes.

The interrogation continued, “Why have you gone to Russia twice in three months?” Radack said she had a client in the country. “Who?” She answered, “Edward Snowden.”

“Who is Edward Snowden?” asked the agent. Radack said he is a whistleblower and an asylee. Then, the agent asked, “Who is Bradley Manning?” To this, she answered, “A whistleblower.”

For whatever reason, the agent asked, “Where is he?” “In jail,” Radack told the agent. (Now, she is known as Chelsea Manning.)

The agent said, “So he’s a criminal?” Radack corrected the agent, “He’s a political prisoner.” The agent asked if she represented Manning and she said no. Then he followed up, “But you represent Snowden?” She replied, “Yes, I’m a human rights lawyer.”

NSA whistleblower Thomas Drake, who was traveling with her, witnessed the questioning, said the border agent had a “threatening demeanor.” Ms. Raddack was informed by the agent that she has been placed on US Department of Homeland Security “inhibited persons list” which was created in March of 2012 as an effort to impose US laws on the rest of the world. The United Kingdom agreed to the new rules to provide information to the DHS even if the passenger of all nationalities, is not traveling to the US.

Ms. Radack told RT News about the humiliating ordeal and her concerns:

“Clearly any kind of line of questioning into the details of my work and specific clients is beyond the ambit of what any normal customs official would ask,” Radack told RT.

“I feel like lawyers and journalists are now beginning to be targeted at the borders of countries in the Western Hemisphere, in so-called democratic countries.It’s a threat to press freedoms when journalists are questioned. And it’s a threat to the integrity of the judicial system when attorney who are working on someone’s case are being harassed or intimidated on the basis of who they represent.” [..]

Following the ordeal at Heathrow, Radack came out with a public statement denouncing the whole practice and the harassment it often entails: “The government, whether in the US, UK or elsewhere does not have the authority to monitor, harass or intimidate lawyers for representing unpopular clients.” [..]

Radack once told RT that despite the fact that “it’s a dangerous time for whistleblowers in the US,” Snowden’s revelations have had a big effect as “courage is contagious.” She added that “I really think [Snowden] has had a wonderful effect [on] the US and the world.”

Ms. Radack spoke with Democracy Now!‘s Amy Goodman from London.

The US and the UK have evolved into fascist states something thath they fought against in 1940.

Yesterday afternoon NSA whistleblower Edward Snowden answered questions in s candid on line chat. He responded not only to questions about what he believes should be done about the massive NSA surveillance programs and the threats to his life but countered some of the spurious accusations that he acted in concert with the Russians and stole his co-workers passwords.

@mperkel #ASKSNOWDEN They say it’s a balance of privacy and safety. I think spying makes us less safe. do you agree?

Intelligence agencies do have a role to play, and the people at the working level at the NSA, CIA, or any other member of the IC are not out to get you. They’re good people trying to do the right thing, and I can tell you from personal experience that they were worried about the same things I was.

The people you need to watch out for are the unaccountable senior officials authorizing these unconstitutional programs, and unreliable mechanisms like the secret FISA court, a rubber-stamp authority that approves 99.97% of government requests (which denied only 11 requests out of 33,900 in 33 years http://www.motherjones.com/mojo/2013/06/fisa-court-nsa-spying-opinion-reject-request. They’re the ones that get us into trouble with the Constitution by letting us go too far.

And even the President now agrees our surveillance programs are going too far, gathering massive amounts of private records on ordinary Americans who have never been suspected of any crime. This violates our constitutional protection against unlawful searches and seizure. Collecting phone and email records for every American is a waste of money, time and human resources that could be better spent pursuing those the government has reason to suspect are a serious threat.

I’m going to stop here. My deepest thanks to everyone who sent questions, and whether or not we agree on where the lines should be drawn, I encourage you to contact your members of congress and tell them how you feel about mass surveillance. This is a global problem, and the first step to tackling it is by working together to fix it at home.

If you’d like to more ideas on how to push back against unconstitutional surveillance, consider taking a look at the organizations working together to organize https://thedaywefightback.org/. [..]

@LukasReuter #AskSnowden How should the community of states react to the new information concerning surveillance? What actions have to be made?

We need to work together to agree on a reasonable international norm for the limitations on spying. Nobody should be hacking critical-to-life infrastructure like hospitals and power stations, and it’s fair to say that can be recognized in international law.

Additionally, we need to recognize that national laws are not going to solve the problem of indiscriminate surveillance. A prohibition in Burundi isn’t going to stop the spies in Greenland. We need a global forum, and global funding, committed to the development of security standards that enforce our right to privacy not through law, but through science and technology. The easiest way to ensure a country’s communications are secure is to secure them world-wide, and that means better standards, better crypto, and better research. [..]

@RagBagUSA #AskSnowden what (in your opinion) is the appropriate extent of US national security apparatus? Surely some spying is needed?

Not all spying is bad. The biggest problem we face right now is the new technique of indiscriminate mass surveillance, where governments are seizing billions and billions and billions of innocents’ communication every single day. This is done not because it’s necessary – after all, these programs are unprecedented in US history, and were begun in response to a threat that kills fewer Americans every year than bathtub falls and police officers – but because new technologies make it easy and cheap.

I think a person should be able to dial a number, make a purchase, send an SMS, write an email, or visit a website without having to think about what it’s going to look like on their permanent record. Particularly when we now have courts, reports from the federal government, and even statements from Congress making it clear these programs haven’t made us any more safe, we need to push back.

This is a global problem, and America needs to take the lead in fixing it. If our government decides our Constitution’s 4th Amendment prohibition against unreasonable seizures no longer applies simply because that’s a more efficient means of snooping, we’re setting a precedent that immunizes the government of every two-bit dictator to perform the same kind of indiscriminate, dragnet surveillance of entire populations that the NSA is doing.

It’s not good for our country, it’s not good for the world, and I wasn’t going to stand by and watch it happen, no matter how much it cost me. The NSA and the rest of the US Intelligence Community is exceptionally well positioned to meet our intelligence requirements through targeted surveillance – the same way we’ve always done it – without resorting to the mass surveillance of entire populations.

When we’re sophisticated enough to be able to break into any device in the world we want to (up to and including Angela Merkel’s phone, if reports are to be believed), there’s no excuse to be wasting our time collecting the call records of grandmothers in Missouri. [..]

@savagejen Do you think it is possible for our democracy to recover from the damage NSA spying has done to our liberties? #AskSnowden

Yes. What makes our country strong is our system of values, not a snapshot of the structure of our agencies or the framework of our laws. We can correct the laws, restrain the overreach of agencies, and hold the senior officials responsible for abusive programs to account.

The Russian government has extended Mr. Snowden’s asylum beyond next August, possibly indefinitely.

The lawmaker, Aleksei K. Pushkov, chairman of the foreign affairs committee in Russia’s lower house of Parliament, hinted during a panel discussion that the extension of temporary refugee status for Mr. Snowden, the former National Security Agency contractor, might be indefinite.

“He will not be sent out of Russia,” Mr. Pushkov said. “It will be up to Snowden.”

He added that Mr. Snowden’s father believes his son could not get a fair trial in the United States.

Mr. Pushkov made his comments came against a backdrop of broad criticism of the American spying programs that have come to light since the summer. He pointed to the sheer volume of information that American authorities are able to gather.

“The U.S. has created a Big Brother system,” Mr. Pushkov said.

Journalist and constitutional lawyer Glenn Greenwald and  the executive director of the American Civil Liberties Union Anthony D Romero discussed President Barack Obama’s new NSA “reforms” with Alex Wagner, the host of MSNBC’s “Now.”

Obama’s NSA ‘reforms’ are little more than a PR attempt to mollify the public

By Glenn Greenwald, The Guardian

Obama is draping the banner of change over the NSA status quo. Bulk surveillance that caused such outrage will remain in place

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America’s most significant political scandals. Predictably, it is the same one that shaped President Obama’s much-heralded Friday speech to announce his proposals for “reforming” the National Security Agency in the wake of seven months of intense worldwide controversy.

The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge. [..]

Today’s speech should be seen as the first step, not the last, on the road to restoring privacy. The causes that drove Obama to give this speech need to be, and will be, stoked and nurtured further until it becomes clear to official Washington that, this time around, cosmetic gestures are plainly inadequate.

Here is the press release from the ACLU commenting on the President’s NSA speech:

January 17, 2014

FOR IMMEDIATE RELEASE

CONTACT: [email protected]

WASHINGTON – President Obama today announced changes to some aspects of the NSA’s surveillance programs and left others in place. Anthony D. Romero, the executive director of the American Civil Liberties Union, had this reaction:

“The president’s speech outlined several developments which we welcome. Increased transparency for the Foreign Intelligence Surveillance Court, improved checks and balances at the FISA court through the creation of a panel of advocates, and increased privacy protections for non-U.S. citizens abroad – the first such assertion by a U.S. president – are all necessary and welcome reforms.

“However, the president’s decision not to end bulk collection and retention of all Americans’ data remains highly troubling. The president outlined a process to study the issue further and appears open to alternatives. But the president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”

A new chart comparing the ACLU’s proposals, President Obama’s announcement, and the USA FREEDOM Act (a bipartisan bill currently pending in Congress) is at: aclu.org/national-security/where-does-president-stand-nsa-reform

ACLU Action is demanding an end to dragnet surveillance at: aclu.org/endsurveillance

President Barack Obama once again fell short of taking any meaningful action on reining in the NSA surveillance programs or assuring that American’s right to privacy under the Fourth Amendment be protected. He made one of his predictable speeches that attempted to placate both critics and defenders, failing to actually do anything significant, all the while lecturing the public on history and expressing his offense that anyone would think that he had done an inadequate job or had enabled surveillance state policies. FDL’s Kevin Gosztola contrasted today’s speech with NSA director Gen. Keith Alexander’s statements to Congress and his inaugural address last year:

The narrative that Obama promoted in the part of his speech building up to announcement of reforms was starkly similar to what NSA director Gen. Keith Alexander has said when addressing members of Congress at hearings held in the aftermath of Snowden’s first disclosures. The narrative he used should make Americans even more skeptical of how substantive the changes to surveillance will be. [..]

One might remember that just about one year ago Obama gave an inaugural speech after his re-election where he said a “decade of war is now ending” and later described how Americans believe there is no need for “perpetual war.” But the very premise of Obama’s speech involved a demand to recognize the value of militarized surveillance and this militarization keeps the US on a permanent war footing putting civil liberties of Americans at risk so long as this footing is maintained.

Since there were such low expectations, Mike Masnick at Techdirt thought the announced reforms were more significant than expected but stopped short of fixing the actual problems:

• A judge will have to approve each query for data on the metadata collection from Section 215 of the PATRIOT Act.
• The “three hop” dragnet will be reduced down to two hops. That does, in fact, limit how far the NSA can search by quite a bit. That last hop is quite big.
• The NSA should no longer hold all of the data, meaning that the telcos will be expected to hold onto it (though, he leaves it up to Congress and the DOJ to figure out how to do this). He calls this a “transition” away from the Section 215 program, but that’s hardly clear.
• National Security Letters (NSLs) will no longer have an unlimited gag order on them. The Attorney General will need to set up guidelines for a time in which gag orders expire, with the possibility of extending them for investigations that are still ongoing.
• Companies will be given slightly more freedom to reveal data on the NSLs they get (though I don’t think he indicated the same thing for Section 702 orders…. which is a big concern).
• The Attorney General and the Director of National Intelligence will review annually FISC rulings to figure out what can be declassified.
• He promises to “work with Congress” to look at changes to the FISA court
• He is adding some very limited restrictions on spying on people overseas. It should only be used for actual counterterrorism/crime/military/real national security efforts.
• A State Department official will be in charge of handling “diplomacy issues” related to these changes on foreign spying.
• An effort will be started with technologists and privacy experts over how to handle “big data and privacy” in both the public and private sectors.

Marcy Wheeler at emptywheel addressed what the president does not consider abuse:

• The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
• According to the NSA in 2009, it had a program similar to Project Minaret – the tracking of anti-war opponents in the 1970s – in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse.
• When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses).
• Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
• The NSA has twice – in 2009 and 2011 – admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening.
• As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations.
• In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
• NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA.

No, Mr. President, this is not enough.