Tag Archives: Privacy

At Harvard, Thoughtcrime on Crack

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Eventually, tech theorist Clay Shirky has argued, so many people will have nude photos on the Internet that there will be no shame in one of them being yours. Privacy will no longer be necessary. It will be a halcyon time for politicians: no matter how much dirt your enemies dig up, none of it will stick because having done bad things and making stupid mistakes will be considered normative.

Eventually isn’t here yet. So in the meantime, people who are either too boring to have done anything wrong or so lucky that they haven’t gotten caught are deploying social media in a vicious online pogrom against those deemed politically incorrect. It’s Orwell meets the Salem witch trials via “The Lord of the Flies,” social justice warrior-style.

Thoughtcrime is already a prosecutable offense. A U.S. federal court has indicted WikiLeaks leader Julian Assange for thinking about, merely for what-if musing in conversation with Army whistleblower Chelsea Manning, about hacking a government computer. The government admits there was never an actual hack. Undercover FBI agents entice young Muslim men into nonexistent terrorist plots in order to entrap them. An Ohio man on probation for possession of child pornography was sentenced to seven years in prison for a handwritten diary he had written for his own use that depicted rape and torture of children—disgusting but purely theoretical.

Coming of age pre-Internet I rest secure in the knowledge that most of my screw-ups and youthful indiscretions remain blissfully undigitized and unsearchable. I was wrong, I did bad things, hopefully I learned and won’t repeat the same ones.

People under age 35 or so don’t have that luxury. As Edward Snowden remarked, “They understand what it means to make a mistake, have someone with a smartphone in the room and then have it haunt you for the rest of your time in high school or college or whatever.”

If and when Shirky’s vision is realized, it won’t matter. Digital evidence of intemperate language and drunk texts and obscene selfies will be so widespread that their revelation will be met with a collective shrug. Until then, we will have cases like that of Kyle Kashuv.

Kashuv, 18, is the right-wing counterpart of David Hogg. Both men survived the mass shooting at the high school in Parkland, Florida and both got into Harvard College. Unlike Hogg, however, Kashuv is a right-winger and speaks at pro-gun rallies. Also unlike Hogg, it has been revealed that Kashuv spewed a bunch of racist and anti-Semitic slurs online when he was 16. After Kashuv issued a series of apologies, Harvard rescinded his acceptance.

Let that sink in: when he was 16.

Kashuv claims to have become “a better person.” Maybe, maybe not. But even if he hasn’t, even if he’s still and really a bigot, how are his private and political thoughts any of Harvard’s business as long as he keeps his racist BS to himself?

Harvard is extremely unforgiving of its prospective freshmen. They previously rescinded admissions from ten kids who shared dirty memes about the college on Facebook, and also famously from a woman who served time in prison for murder, because she didn’t reveal her record on her application. Why should she have to? She did her time. Let her study up and move on.

It is notable that Kashuv apologized at length, eloquently, repeatedly. The only way to fix bad words is with good words and he did that. Was he sincere? Only he knows that; frankly, that should be enough.

The admissions officers are punishing something even more ephemeral than thoughtcrime. Call it post-thoughtcrime.

Harvard is turning this guy away either because they suspect he is insufficiently repentant or, more likely, because they think that what he said two years ago was so awfully distasteful that he deserves to be sanctioned despite and after he recanted, reformed and (claimed to have) stopped being the person who wrote those racist and anti-Semitic comments. Thoughtcrime is sinister and invasive; post-thoughtcrime goes still further because it eliminates even the possibility of redemption.

This, Harvard College is telling the world, is not a young man, a tabla rasa whose future is unwritten. His racist comments at age 16 make him as forever toxic as Chernobyl, a filthy demon worthy only of scorn and contempt. Harvard chooses to believe that he is as he behaved at his worst, two years ago. They choose to ignore him as he claims to be now, better. The evil must be true; the good must be a lie. Apologies are worthless, merely the self-serving rhetoric of the justly condemned villain. There is nothing for Kashuv to do but slink away and die.

Social media comments about Kashuv applaud Harvard’s lack of mercy. It never occurs to the howling mob that someday they or someone they love might need and want some mercy themselves.

Harvard’s attitude is no outlier. It is an interesting iteration of a society that sentences criminals to the longest prison terms in the world—and they’re getting longer. If and when you get out, the system forces you to tell employers that you’re an ex-con—so you can never find a good job. In America all it takes to ruin your life is one bad decision.

Even in “1984” all that Orwell’s totalitarian state required of its citizens was to love Big Brother. Former dissidents cured of their heresies by terror and torture were permitted to live out their lives. The Party didn’t hold the fact they hadn’t always loved Big Brother against them.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

Hacking Dirty Government Secrets Is Not a Crime

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British goon cops acting at the request of the United States government entered Ecuador’s embassy in London, dragged out WikiLeaks founder Julian Assange and prepared to ship him across the pond. After this event last month most of the mainstream media reacted with spiteful glee about Assange’s predicament and relief that the Department of Justice had exercised self-restraint in its choice of charges.“Because traditional journalistic activity does not extend to helping a source break a code to gain illicit access to a classified network, the charge appeared to be an attempt by prosecutors to sidestep the potential First Amendment minefield of treating the act of publishing information as a crime,” reported a pleased The New York Times.

At the time, the feds had accused Assange of hacking conspiracy because he and Army whistleblower Chelsea Manning allegedly discussed how to break into a Pentagon computer.

Bob Garfield of NPR’s “On the Media,” a veteran reporter who should and probably does know better, was one of many establishmentarians who opined that we needn’t worry because Assange isn’t a “real” journalist.

This being the Trump Administration, self-restraint was in short supply. It turns out that the short list of Assange charges was a temporary ploy to manipulate our gullible English allies. Now Assange faces 17 additional charges under the Espionage Act and a finally-concerned Times calls it “a novel case that raises profound First Amendment issues” and “a case that could open the door to criminalizing activities that are crucial to American investigative journalists who write about national security matters.”

Corporate media’s instant reversal on Assange—from rapist scum to First Amendment hero within minutes—elevates self-serving hypocrisy to high art. But that’s OK. Whatever gets Assange closer to freedom is welcome—even the jackals of corporate media.

May we linger, however, on an important point that risks getting lost?

Even if Assange were guilty of hacking into that Pentagon computer…

Even if it had been Assange’s idea…

Even if Manning had had nothing to do with it…

Even if Trump’s DOJ hadn’t larded on the Espionage Act stuff…

 Assange should not have faced any charges.

Included in the material Manning stole from the military and posted to WikiLeaks were the “Afghan War Logs,” the “Iraq War Logs,” files about the concentration camp at Guantánamo and the “Collateral Murder” video of the U.S. military’s 2007 massacre of civilians in Baghdad.

For the sake of argument let’s assume that Assange, without Manning, had personally hacked into a Pentagon computer and in doing so discovered proof that U.S. occupation forces in Iraq and Afghanistan were guilty of war crimes, including torture and the mass murder of civilians for fun—and put that evidence of criminal wrongdoing online. Would Assange deserve a prison term? Of course not. He would merit a medal, a ticker-tape parade, a centrally-located handsome statue or two.

Even if Assange were “guilty” of the hacking charges, so what? The “crime” of which he stands accused pales next to the wrongdoing he helped to expose.

Good Samaritan laws protect people who commit what the law calls a “crime of necessity.” If you save a child from your neighbor’s burning house the police shouldn’t charge you with trespassing. Similarly if the only way to expose government or corporate lawbreaking is to steal confidential documents and release them to the press à la Edward Snowden, you should be immune from prosecution. That principle clearly applies to the materials Manning stole and Assange released as a public service to citizens unaware of the misdeeds committed under their name and at their expense.

Even among liberals it has become fashionable to observe that people who engage in civil disobedience must be prepared to face legal punishment. This is a belief grounded in practicality: individuals who confront the state need to understand that theirs will be a difficult struggle.

Over the past few decades, however, what was common sense has become perverted into a bizarre justification for oppression: Snowden/Assange/Manning/Winner violated laws, they knew what they were doing, that’s the risk they took, and so—this is the weird part—the Left need not defend them.

Yes, these whistleblowers knew (or ought to have known) that they risked prosecution and prison time. But that’s the way things are, not the way they ought to be. The project of a Left must be to fight for society and politics as they should be, not to blandly shrug our shoulders and accept the status quo. Laws should be rewritten to protect whistleblowers like Manning and journalists like Assange who expose official criminality.

Whistleblowers should never face prosecution.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

SYNDICATED COLUMN: FBI v. Apple Is Really About Edward Snowden

http://www.newsfoxes.com/wp-content/uploads/2015/12/farooq.jpgThe fight between Apple and the FBI has been framed as an epic battle between big tech and big government. Apple, says the Obama Administration, is siding with “its business model and public brand marketing strategy” ahead of public safety. That’s not it, says Apple CEO Tim Cook. He says his company is “a staunch advocate for our customers’ privacy and personal safety.”

Donald Trump has weighed in on the controversy, ad-libbing a call for a boycott of Apple products including the iPhone, the device at the center of the debate. Two weeks ago, a federal court ordered Apple to write code that would allow the FBI to unlock an iPhone used by one of the gunmen in the San Bernadino mass shooting. Apple refused, saying the code could be used to unlock other iPhones as well, not just the one covered by the order. A Wall Street Journal report that the feds are currently going after a dozen or so iPhones in other cases seems to back up Apple’s argument.

What this is really about — but barely touched upon in corporate media — is Edward Snowden.

A few years ago, no one — left, right, libertarian — would have supported Apple’s refusal to cooperate with a federal investigation of a terrorist attack associated with a radical Islamist group, much less its decision to fight a court order to do so. If investigators hadn’t combed through the data on the phone used by Syed Farook before he slaughtered 14 people, it would have been seen as dereliction of duty. Obviously the authorities need to learn everything they can about Farook, such as whether he ever had direct communications with ISIS or if there were any coconspirators. Looking at evidence like that is what law enforcement is for.

Rather than face Uncle Sam alone, Apple’s defiance is being backed by Facebook, Google, Microsoft, Twitter and Yahoo — companies who suffered disastrous blows to their reputations, and billions of dollars in lost business, after NSA whistleblower Edward Snowden revealed that they spent years voluntarily turning over their customers’ data to the spy agency in its drive to “hoover up” every email, phone call, text message and video communication on the planet, including those of Americans.

Most Americans tell pollsters Apple should play ball with the FBI. But Apple and its Silicon Valley allies aren’t banking on the popular vote. Their biggest customers are disproportionately well-off and liberal — and they don’t want government spooks looking at their personal or business information.

Another underreported aspect of this story is the same sort of interagency squabbling that contributed to the failure of counterterrorism officials to see the whole picture before 9/11, and was supposed to have been fixed by such Bush-era bureaucratic revamps as the creation of the Department of Homeland Security and bringing America’s 16 intelligence agencies under a single director.

When you stop to think about this, it’s insane.

The NSA, specifically chartered to intercept signals intelligence that originates overseas — that is specifically prohibited from gathering data that is sent from one American to another American — continues to do so, probably at an even greater degree of efficiency than the period between 2009 and 2013, the era documented by the Snowden revelations leaked to the news media. Ignoring the anger of the American people, Congress did nothing to rein in the NSA. So they continue to break the law, and violate our privacy, on a massive scale.

Meanwhile, the FBI — the agency that is legally authorized to eavesdrop on American citizens as part of investigations authorized by judicial warrants, can’t get into a terrorist’s smartphone…something everyone agrees it ought to be able to do.

The NSA almost certainly has the contents of Farook’s iPhone — and yours, and mine — on a server at its massive data farm in Bluffdale, Utah. Thanks to a court order and inside-the-Beltway turf battles, however, the NSA can’t/won’t turn them over to the FBI.

This is what happens when government treats citizens with contempt. Citizens return the favor.

(Ted Rall is the author of “Snowden,” a biography of NSA whistleblower Edward Snowden. “Snowden” is on sale online and at all good bookstores.)

 

SYNDICATED COLUMN: The NSA Loses in Court, but the Police State Rolls On

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Edward Snowden has been vindicated.

This week marks the first time that a court – a real court, not a sick joke of a kangaroo tribunal like the FISA court, which approves every government request and never hears from opponents – has ruled on the legality of one of the NSA’s spying programs against the American people.

Verdict: privacy 1, police state 0.

Yet the police state goes on. Which is what happens in, you know, a police state. The pigs always win.

A unanimous three-judge ruling by the US Court of Appeals for the Second Circuit, in New York, states unequivocally that the Obama Administration’s interpretation of the USA Patriot Act is fatally flawed. Specifically, it says, Congress never intended for Section 215 to authorize the bulk interception and storage of telephony metadata of domestic phone calls: the calling number, the number called, the length of the call, the locations of both parties, and so on. In fact, the court noted, Congress never knew what the NSA was up to before Snowden spilled the beans.

On the surface, this is good news.

It will soon have been two years since Snowden leaked the NSA’s documents detailing numerous government efforts to sweep up every bit and byte of electronic communications that they possibly can — turning the United States into the Orwellian nightmare of 1984, where nothing is secret and everything can and will be used against you. Many Americans are already afraid to tell pollsters their opinions for fear of NSA eavesdropping.

One can only imagine how chilling the election of a neo-fascist right-winger (I’m talking to you, Ted Cruz and Scott Walker) as president would be. Not that I’m ready for Hillary “privacy for me, not for thee” Clinton to know all my secrets.

Until now, most action on the reform front has taken place abroad, especially in Europe, where concern about privacy online has led individuals as well as businesses to snub American Internet and technology companies, costing Silicon Valley billions of dollars, and accelerated construction of a European alternative to the American dominated “cloud.”

Here in the United States, the NSA continued with business as usual. As far as we know, the vast majority of the programs revealed by Snowden are still operational; there are no doubt many frightening new ones launched since 2013. Members of Congress were preparing to renew the disgusting Patriot Act this summer. One bright spot was the so-called USA Freedom Act, which purports to roll back bulk metadata collection, but privacy advocates say the legislation had been so watered down, and so tolerant of the NSA’s most excessive abuses, that it was just barely more than symbolic.

Like the Freedom Act, this ruling is largely symbolic.

The problem is, it’s not the last word. The federal government will certainly appeal to the U.S. Supreme Court, which could take years before hearing the case. Even in the short run, the court didn’t slap the NSA with an injunction to halt its illegal collection of Americans’ metadata.

What’s particularly distressing is the fact that the court’s complaint is about the interpretation of the Patriot Act rather than its constitutionality. The Obama Administration’s interpretation of Section 215 “cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program,” said the court ruling. However: “We do so comfortably in the full understanding that if Congress chooses to authorize such a far-reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously.”

Well, ain’t that peachy.

As a rule, courts are reluctant to annul laws passed by the legislative branch of government on the grounds of unconstitutionality. In the case of NSA spying on us, however, the harm to American democracy and society is so extravagant, and the failure of the system of checks and balances to rein in the abuses so spectacular, that the patriotic and legal duty of every judge is to do whatever he can or she can to put an end to this bastard once and for all.

It’s a sad testimony to the cowardice, willful blindness and lack of urgency of the political classes that the New York court kicked the can down the road, rather than declare the NSA’s metadata collection program a clear violation of the Fourth Amendment’s right to be free from unreasonable search and seizure.

(Ted Rall, syndicated writer and the cartoonist for The Los Angeles Times, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM

Cops’ Right to Privately Beat Suspects Shall Not Be Infringed

New York Times columnist David Brooks came out in a recent column as a strident proponent of privacy. Not for you and me, mind you, but for policemen whose right to privately beat people will be infringed upon by body cameras.

The New Electable, Less Interesting Rand Paul

Rand Paul’s stances in favor of civil liberties and against government intrusions into privacy make Republican presidential candidate Rand Paul the most interesting of the 2016 candidates. But he’s already pivoting away from those appealing positions in order to be perceived as more electable.

NSA Bombshell: US Is Selling Americans’ Personal Data to Iran, Russia [exclusive]

Originally published by ANewDomain.net:

aNewDomain, Moscow, 01.04.2015 — The National Security Agency is selling Americans’ personal data to private corporations in order to raise revenues for stretched federal coffers, according to a blockbuster report to be released by Second Look Media.

It turns out that Second Look, which is 50-percent owned by billionaire eBay founder Iranian-American Pierre Omidyar, is a 25-percent spinoff of First Look Media, known for transcribing NSA documents leaked by former NSA/CIA contractor Edward Snowden.

Second Look is scheduled to publish the details on April 1.

NSA bombshellThe program began during Barack Obama’s first term in office, when congressional Republicans began “cockblocking” Obama’s every move and denying even routine budget appropriations. Then-Secretary of State Hillary Rodham Clinton is reported to have suggested to the frustrated president that the government should consider “rolling big-data style, like they do in Silicon Valley” i.e., monetizing valuable personal information that is in the hands of its agencies and federal departments.

Attention naturally turned to the NSA, which methodically intercepts, stores and indexes every digital communication on earth, including those between American citizens. The communications include, but are not limited to, email, text messages, voice phone calls, cell phone metadata, faxes, bank wire transfers, and even telegraph, which is still used by remote train stations in Nevada and Utah. “If someone figures out a way to bring back the passenger pigeon, we’ll snag the sucker, Xerox its ass, and implant a chip in his brain just in case someone wants to use him to say something,” said former NSA director Michael Hayden in 2009, prior to his resignation.

According to sources, the NSA held secret online auctions on the so-called “darknet” to offer transcriptions, recordings, bank account numbers and even the sexual habits of Americans to the highest bidder, regardless of whether its country of origin has good relations with the United States.

Most of the gigantic data files ended up in relatively benign hands, such as an affiliate of the Brazilian social network Bazoo, which ran searches on Portuguese-sounding names in order to market spam email offering 35-percent discounts on Brazilian waxes.

However, the Russian energy giant Gazprom, which is closely affiliated with President Vladimir Putin’s inner circle, allegedly purchased voice recordings of every phone call in the upper Midwest between February 2012 and January 2013. Although their intent can’t be known positively, analysts believe the Russians wanted to learn more about the fracking industry, both as a form of industrial espionage, and also in order to use shell companies to acquire drilling rights under the homes of registered Republicans.”

Obama administration officials speaking under condition of anonymity confirmed the basic details of this account, but deny that they did anything wrong. “First and foremost, we ran this past the lawyers. There’s a reason that they call people who live in the United States ‘Americans.’ That’s because they live in America. Anything that is in America belongs to America. In other words, people are just like dogs, cats, wild turkeys, worms, what have you – that’s the government’s property. That’s pretty much been the case ever since the Emancipation Proclamation.”

Bob Jenkins of the American Civil Liberties Union expressed concern about what he called a “novel” interpretation of constitutional law that he said “seems to contradict two centuries of legal precedent and 800 years of Anglo-American common law dating back to the Magna Carta.”

But the administration official says that the data is the president’s to sell, and he will do so as long as there is a huge federal deficit to pay off to China. Says the source, ‘Anyway, section 215(b) of the USA Patriot Act authorizes the president to do anything it takes in order to defeat Al Qaeda, and we won’t be able to take on the terrorists if we are too broke to buy any weapons.’ “

Speaking under condition of anonymity based on threats of this reporter, a representative of the NSA who may or may not work there said that the government takes care to sell American data only to private companies who “we know can pretty much be trusted.”

But that seems to be belied by a $14-million sale of DNA records belonging to Millennials and Generation Xers who make $38,000 to $54,000 a year to FarsiNet. After the sale was complete, the NSA was surprised to learn via Twitter that FarsiNet was, in fact, affiliated with the Islamic Republic of Iran.

Still, the NSA has no plans to change the program as long as there is no reaction from the public. “We desperately need that extra spending money,” said White House Press Secretary Josh Earnest. “For example, you know the $14 million everyone’s making such a fuss about? We used that to add a new wing to the NSA’s new data farm in Utah. And will use the data we store there to make another $140 million, and so on and so forth, until we can finance maybe a quarter of our next war.”

For aNewDomain, I’m Red Tall.