A long time ago, before 9/11, analysts working for the NSA used to quip that the letters stood for “No Such Agency.” Their veil of secrecy was the counterpoint to what they did for years which was to lift the veil of secrecy on everybody else. The aborted program that John Poindexter put forward shortly after 9/11 was slapped down, probably for being too honest about its premise, as honest as the NSA ever is. They called the program ‘Total Information Awareness’ and the image that represented it on the PowerPoint that hit the web was the Masonic Pyramid with the single all-seeing eye. Although rejected, the NSA pretty much went ahead with the program under a new name: PRISM. In CNN’s latest “thought” piece, a leading question frames Edward Snowden’s release of information regarding the NSA’s PRISM program. It asks whether Snowden is a Traitor or a Hero?
But it’s the wrong question. And Snowden, I feel relatively confident, would be the first to tell you that it’s the wrong question.
Less than a year ago at a Senate hearing, Oregon Democrat Ron Wyden asked James Clapper, nominal director of the hydra-headed National Intelligence Service, another question. “Does the N.S.A. collect any type of data at all on millions or hundreds of millions of Americans?” To which Clapper replied: “No, sir.” After a head scratching pause (one helluva tell, I must say) he also added, “Not wittingly.”
At another hearing, General Keith Alexander, the director of the N.S.A., denied fourteen times that the agency had the technical capability to intercept e-mails and other online communications in the United States.
Of course, they were both lying.
Here’s another question. At what point do constraints of secrecy become lies in spy bureaucracies like the NSA or in our government in general?
Let me explain. At least one way the PATRIOT Act can subvert your average American is by forcing them to lie. The Act allows the FBI to not only request your records without a warrant but to forbid the provider of the records from ever revealing that the request was even made. This is 1984 territory: you must tell the truth to us, but you must never tell the truth to anyone else about us. Put less abstractly, it turns librarians and internet company officials into liars and stool pigeons under a legal seal of silence; a kind of legal blackmail. The threat to democracy lies not only in the evisceration of the Fourth Amendment’s prohibition of unreasonable searches and the Fifth Amendment’s guarantee of due process, the rights against self-incrimination and coerced confessions, and other rights that form the backbone of the criminal justice system, but also in eroding freedom of the press, seeing journalists and reporters as “aiding and abetting” the criminal telling of government secrets. Secrets, by the way, that shouldn’t even be secret. Steven King’s assertion that Glenn Greenwald of the Guardian should be jailed for his article on Snowden is but a crude manifestation of the ultimate logic of such ‘rules’.
Oregon Senator Ron Wyden has known about PRISM for some time and been appalled, but could not speak openly about it because it is classified, and his pleas to fellow senators to do something about it were shamefully deep-sixed by his colleagues.
Here’s yet another question. Who actually benefits from all this ‘intelligence’? The Boston Bomber plot appears to have come off without a hitch, despite multiple emails, Facebook posts, tracking of Jihadi websites and the like. They left a trail your average Cheetos huffing hacker could have tracked with his eyes closed. Yet we have amputees and at least three dead. Hello, NSA? Seems we have a problem. You might make the argument that Osama bin Laden was successfully assassinated thanks to our super surveillance state, only that’s a lie too. His compound was a digital black hole, no internet access from there at all. Why? Because they knew all about electronic intercepts and wisely didn’t believe a word of James Clapper’s testimony. In some ways, the PRISM program is an exercise in intellectual masturbation. One ex-intelligence official, Coleen Rowley, put it succinctly, “it does not make it easier to find a needle in a haystack if you continue to add hay.”
Programs like PRISM and the tautologically named Novel Intelligence from Massive Data (NIMD) don’t work because the hard work of analysis to figure what information is relevant and what is dross becomes continuously more difficult and longer with each new scoop of excess data. According to Rowley, “Researchers long ago concluded that the NIMD-type promise of detecting and accurately stopping terrorists through massive data collection was simply not possible.”
So why continue? Because there’s another answer to the question of who benefits from this intelligence.
Consider the following: Roughly 9-10 billion dollars a year are spent on the NSA’s electronic surveillance capabilities. That money doesn’t go to Federal employees however, or at least not the lion’s share. No, the vast majority, about 70% of that kingly sum goes to private firms, like, for example, Booz Allen Hamilton for whom Snowden worked. James Clapper, that magnificently lousy poker player, just happens to be the pioneer who helped Michael Hayden oversee this amazing privatization campaign.
Here’s a little history. According to the Nation, in the late 1990s, faced with a telecommunications and technological revolution that threatened to make the NSA’s telephone and radar-based surveillance skills obsolete, the agency decided to turn to private corporations for many of its technical needs.
The outsourcing plan was finalized in 2000 by a special NSA Advisory Board set up to determine the agency’s future and was codified in a secret report written by a then-obscure intelligence officer named James Clapper.
“Clapper did a one-man study for the NSA Advisory Board,” recalls Ed Loomis, a 40-year NSA veteran who, along with William Binney, Thomas Drake, and J. Kirk Wiebe, blew the whistle on corporate corruption at the NSA.
(By the way, they too are being prosecuted by Eric Holder and the Attorney General’s office.)
“His recommendation was that the NSA acquire its Internet capabilities from the private sector. The idea was, the private sector had the capability and we at NSA didn’t need to reinvent the wheel.”
Hayden, who was the NSA director at the time, “put a lot of trust in the private sector, and a lot of trust in Clapper, because Clapper was his mentor,” added Loomis. And once he got approval, “he was hell-bent on privatization and nothing was going to derail that.”
Clapper, of course, has denounced Snowden’s Guardian leaks as “reprehensible.” He called the disclosures, “literally gut-wrenching” and said they had caused “huge, grave damage” to US intelligence capabilities. But this is dubious at best: Al Qaeda was well aware US intelligence service intercepts. Really, even the extent of domestic spying isn’t a surprise to those of us who have been paying attention.
As the inimitable Charles Pierce has noted, “All Snowden did was tell us what we’d been paying for, and (maybe) remind “our adversaries” to use disposable cellphones, which they could have picked up from any episode of Law And Order after 1995. Maybe we should indict Jack McCoy for treason.”
None of this has to do with ‘effectiveness’ of responding to ‘threats’ or gathering information against those threats. It has to do with the appearance of effectiveness, and, naturally, money. Privatization is an ideology which is also a path to riches for pliant officials–one reason they have such a fervent faith in the free market. And, as with Wall Street, the officials feeding at the trough are entirely bipartisan.
According to the New York Times: “As evidence of the company’s close relationship with government, the Obama administration’s chief intelligence official, James R. Clapper Jr., is a former Booz Allen executive. The official who held that post in the Bush administration, John M. McConnell, now works for Booz Allen.”
That’s the revolving door in its purest form, flipping between private and public troughs, depending on the party in power. And there’s a lot of money to be made. Last February Booz Allen Hamilton announced two new contracts with Homeland Security, worth a total of $11 billion, for “program management, engineering, technology, business and financial management, and audit support services.”
Yet Booz Allen is only eighth on the list of the top 100 government contractors. Think about that.
Dana Priest and William Arkin conducted an intensive two-year investigation of national security for the Washington Post. They identified 1,931 private companies working in “about 10,000 locations” around the country, with 854,000 of their employees holding top-secret clearances.
They also found enormous redundancy and waste, along with an inability for human beings to effectively absorb and use all the information produced. Analysts were then publishing some 50,000 intelligence reports each year. And since this report was completed nearly three years ago, things can only have grown worse.
The huge drain on public coffers is only one of the downsides of this intelligence behemoth. Another is the lack of accountability when private employees do government work. According to the New York Times:
“The national security apparatus has been more and more privatized and turned over to contractors,” said Danielle Brian, the executive director of the Project on Government Oversight, a nonprofit group that studies federal government contracting. “This is something the public is largely unaware of, how more than a million private contractors are cleared to handle highly sensitive matters.” Even the process of granting security clearances is often handled by contractors, allowing companies to grant government security clearances to private sector employees.
All this is significant and should raise concerns, but it’s not the important question. The important question came from a writer named David Foster Wallace who in 2007 began to see the shape of things to come and asked this:
Is it worth it?
“What if we chose to regard the 2,973 innocents killed in the atrocities of 9/11 not as victims but as democratic martyrs, “sacrifices on the altar of freedom”? In other words, what if we decided that a certain baseline vulnerability to terrorism is part of the price of the American idea? And, thus, that ours is a generation of Americans called to make great sacrifices in order to preserve our democratic way of life—sacrifices not just of our soldiers and money but of our personal safety and comfort?”
Wallace goes on to argue that we willingly accept 40,000+ domestic highway deaths each year as the price of a mobility in our society. In terms of concrete deaths for abstract ‘rights’, we appear to love the Second Amendment to such a degree that we’ll accept 30,000+ deaths by guns and still not demand a simple universal process for background checks, much less a gun registry.
Wallace continues: “Why now can we not have a serious national conversation about sacrifice, the inevitability of sacrifice—either of (a) some portion of safety or (b) some portion of the rights and protections that make the American idea so incalculably precious?
Where and when was the public debate on whether they’re worth it? Was there no such debate because we’re not capable of having or demanding one? Why not? Have we actually become so selfish and scared that we don’t even want to consider whether some things trump safety? What kind of future does that augur?”
There was no debate because no one asked permission. Because the relevant agencies kept their program shrouded in secrecy (No Such Agency!), even when their first efforts were soundly rejected. But now we have an opportunity to have this discussion. To answer this last question:
Are we willing to sacrifice our constitution on the altar of a dubious national security state in a pyrrhic effort to feel safe?
The question isn’t whether Edward Snowden is a hero or a traitor. The correct question is, what are we?
Here’s the thing: the NSA listening dumps have been an ongoing invasion of privacy since shortly after Bush finished reading My Pet Goat, or, to be precise, the day the Patriot Act passed. As this dismal week draws to a close, the NSA Verizon phone scandal was probably the least of our worries.
For example, late last week the Washington Post and Guardian dropped concurrent bombshell reports. Their subject was PRISM, a covert collaboration between the NSA, FBI, and nearly every tech company we rely on daily. Its stated purpose is “to monitor potentially valuable foreign communications that might pass through US servers”, but it appears to have gone far beyond that in practice.
When the NSA monitors phone records via Verizon, it’s only supposed to collect the metadata. To and from whom the calls were made, where the calls came from, and other generalized information. According to authorities the actual content of the calls was off-limits.
By contrast, PRISM allows full access not just to the fact that an email or chat was sent, but also the contents of those emails and chats. According to the Washington Post’s source, they can “literally watch you as you type.” The type of data that Prism collects includes:
“…audio and video chats, photographs, e-mails, documents, and connection logs… [Skype] can be monitored for audio when one end of the call is a conventional telephone, and for any combination of “audio, video, chat, and file transfers” when Skype users connect by computer alone. Google’s offerings include Gmail, voice and video chat, Google Drive files, photo libraries, and live surveillance of search terms.”
Did you get all that? Similar depth of access applies to Facebook, Microsoft, and the rest. This covers practically anything you’ve ever done online, up to and including Google searches as you type them.
So this new scandal, PRISM, makes the Verizon scandal look like a legal hang nail.
That about peaked my outrage meter for last week, until I heard about the anonymous hacker in Kentucky whose house was ransacked by the FBI because he had the temerity to reveal to the world what amounted to a cover up of a rape in Steubenville, Ohio. You might remember that story. Two high school football players were convicted of sexually assaulting a young girl at a party. The case gained national attention after the “hacktivist” group Anonymous leaked significant social media evidence implicating the assailants — including tweets, Instagram photos, and a 12-minute video of Steubenville high schoolers joking about the rape. But it turns out that working to expose those rapists may land one Anonymous hacker more time in prison than the rapists themselves.
Deric Lostutter, whose house was raided, confirmed he was KYAnonymous, the leader of KnightSec, the Anonymous offshoot that carried out “Operation Roll Red Roll,” which targeted Steubenville over the rape by two football players of the 16-year-old girl. In a few weeks in late 2012 he became a well-known figure in the Steubenville storyline, at one point giving an interview to CNN in a Guy Fawkes mask. (The two football players were found guilty of rape in March.)
In a statement posted on his website, Lostutter described the raid:
“As I open the door to greet the driver, approximately 12 F.B.I. Swat Team agents jumped out of the truck screaming for me to ‘Get The Fuck Down’ with m-16 assault rifles and full riot gear armed.”
“This is my call to you, in the media, in the world of anonymous, who look to change the world to a free, transparent one, to my friends and family as well, to come to my aid, if you can find it in your heart, share my story, donate, buy a sticker, rally in the streets to demand the investigation against me be dismissed.”
Now I am not one to applaud online hacking in any form, but I’m having a tough time legitimizing our government secretly listening to every digitized byte of information on Earth, while at the same time viciously prosecuting similar behavior that tries to reveal a problem, rather than cover it up.
If our government is actually going to bother to sift every last inch of our digitized souls, you would think there might be a few leads out there about money laundering hedge fund managers who stash their gold in off shore bank accounts? Eh? Or, football players who brag about their rape victims in online forums with impunity until some hacker cooperative finally lays them out?
Instead, they prosecute the whistle blowers -KYanonymous, in this instance– but more broadly folks like Bradley Manning and Julian Assange who have the temerity to point out the subterfuge of government’s actions on a global scale.
Oh, that’s right. And Bradley Manning’s trial started this week, too.
From a quick perusal of stories, it appears our press is trying its hardest to fit the Manning trial into a narrative of how we should keep our data more secure and do better background checks on folks with top-secret clearance—emphasizing Manning’s ‘mental’ state, his gender confusion, his personal excesses, etc. Almost no word, of course, is given over to the actual horrific crimes—war crimes—that Manning exposed.
Slate was one of the few outlets that did a decent job summarizing those crimes:
• During the Iraq War, U.S. authorities failed to investigate hundreds of reports of abuse, torture, rape, and murder by Iraqi police and soldiers, according to thousands of field reports…
• There were 109,032 “violent deaths” recorded in Iraq between 2004 and 2009, including 66,081 civilians. Leaked records from the Afghan War separately revealed coalition troops’ alleged role in killing at least 195 civilians in unreported incidents, one reportedly involving U.S. service members machine-gunning a bus, wounding or killing 15 passengers…
• In Baghdad in 2007, a U.S. Army helicopter gunned down a group of civilians, including two Reuters news staff…
This last incident was the notorious video in which our helicopter pilots shot a group of civilians, murdering reporters and wounding two children in a van, to which our pilots quipped, “Well, it’s their fault for bringing their kids into a battle.”
So far as I can determine, not one of these folks has gone to jail, or had the FBI break down their doors in the dead of night, for that matter.
Commenting on Washington’s spying on journalists and members of the public, as well as his own treatment by US authorities, Julian Assange said:
“Over the last ten years the US justice system has suffered from a collapse, a calamitous collapse, in the rule of law.
“We see this in other areas as well — with how Bradley Manning has been treated in prison, with US drone strikes occurring — even on American citizens — with no due process.”
With regard to the war on whistle blowers, Matt Taibbi, in Rolling Stone, frames the larger point well: “If you can be punished for making public a crime, then the government doing the punishing is itself criminal.”
By the way, this week is also the anniversary of the publication of George Orwell’s prescient dystopia “1984”. Just saying.