national security policy Archives - Page 41 of 61

Entries Tagged "national security policy"

Page 41 of 61

The Japanese Response to Terrorism

Lessons from Japan’s response to Aum Shinrikyo:

Yet what’s as remarkable as Aum’s potential for mayhem is how little of it, on balance, they actually caused. Don’t misunderstand me: Aum’s crimes were horrific, not merely the terrible subway gassing but their long history of murder, intimidation, extortion, fraud, and exploitation. What they did was unforgivable, and the human cost, devastating. But at no point did Aum Shinrikyo represent an existential threat to Japan or its people. The death toll of Aum was several dozen; again, a terrible human cost, but not an existential threat. At no time was the territorial integrity of Japan threatened. At no time was the operational integrity of the Japanese government threatened. At no time was the day-to-day operation of the Japanese economy meaningfully threatened. The threat to the average Japanese citizen was effectively nil.

Just as important was what the Japanese government and people did not do. They didn’t panic. They didn’t make sweeping changes to their way of life. They didn’t implement a vast system of domestic surveillance. They didn’t suspend basic civil rights. They didn’t begin to capture, torture, and kill without due process. They didn’t, in other words, allow themselves to be terrorized. Instead, they addressed the threat. They investigated and arrested the cult’s leadership. They tried them in civilian courts and earned convictions through due process. They buried their dead. They mourned. And they moved on. In every sense, it was a rational, adult, mature response to a terrible terrorist act, one that remained largely in keeping with liberal democratic ideals.

Posted on June 21, 2013 at 6:25 AM • View Comments

Petition the NSA to Subject its Surveillance Program to Public Comment

I have signed a petition calling on the NSA to “suspend its domestic surveillance program pending public comment.” This is what’s going on:

In a request today to National Security Agency director Keith Alexander and Defense Secretary Chuck Hagel, the group argues that the NSA’s recently revealed domestic surveillance program is “unlawful” because the agency neglected to request public comments first. A federal appeals court previously ruled that was necessary in a lawsuit involving airport body scanners.

“In simple terms, a line has been crossed,” Marc Rotenberg, executive director of the Electronic Privacy Information Center, told CNET. “The agency’s function has been transformed, and we think the public should have an opportunity to say something about that.”

It’s an ambitious—and untested—legal argument. No court appears to have ever ruled that the Administrative Procedure Act, which can require agencies to solicit public comment, has applied to the supersecret intelligence community. The APA explicitly excludes from judicial review, for instance, “military authority exercised in the field in time of war.”

EPIC is relying on a July 2011 decision (PDF) it obtained from the U.S. Court of Appeals for the D.C. Circuit dealing with installing controversial full-body scanners at airports. The Transportation Security Agency, the court said, was required to obtain comment on a rule that “substantively affects the public.”

This isn’t an empty exercise. While it’s unlikely that a judge will order the NSA to suspend the program pending public approval, the process will put pressure on Washington to subject the NSA to more oversight, and pressure the NSA into more transparency. We’ve used these tactics before. Two decades ago, EPIC launched a similar petition against the Clipper Chip, a process that eventually led to the Clinton administration and the FBI abandoning the effort. And EPIC’s more recent action against TSA full-body scanners is one of the reasons we have privacy safeguards on the millimeter wave scanners they are still using.

The more people who sign this petition, this, the clearer the message it sends to Washington: a message that people care about the privacy of their telephone records, Internet transactions, and online communications. Secret judges should not be allowed to use secret interpretations of secret laws to authorize the NSA to engage in domestic surveillance. Sooner or later, a court is going to recognize that. Until then, the more noise the better.

Add your voice here. It just might work.

Posted on June 19, 2013 at 2:18 PM • View Comments

Cost/Benefit Questions NSA Surveillance

John Mueller and Mark Stewart ask the important questions about the NSA surveillance programs: why were they secret, what have they accomplished, and what do they cost?

This essay attempts to figure out if they accomplished anything, and this essay attempts to figure out if they can be effective at all.

Posted on June 19, 2013 at 6:24 AM • View Comments

NSA Secrecy and Personal Privacy

In an excellent essay about privacy and secrecy, law professor Daniel Solove makes an important point. There are two types of NSA secrecy being discussed. It’s easy to confuse them, but they’re very different.

Of course, if the government is trying to gather data about a particular suspect, keeping the specifics of surveillance efforts secret will decrease the likelihood of that suspect altering his or her behavior.

But secrecy at the level of an individual suspect is different from keeping the very existence of massive surveillance programs secret. The public must know about the general outlines of surveillance activities in order to evaluate whether the government is achieving the appropriate balance between privacy and security. What kind of information is gathered? How is it used? How securely is it kept? What kind of oversight is there? Are these activities even legal? These questions can’t be answered, and the government can’t be held accountable, if surveillance programs are completely classified.

This distinction is also becoming important as Snowden keeps talking. There are a lot of articles about Edward Snowden cooperating with the Chinese government. I have no idea if this is true—Snowden denies it—or if it’s part of an American smear campaign designed to change the debate from the NSA surveillance programs to the whistleblower’s actions. (It worked against Assange.) In anticipation of the inevitable questions, I want to change a previous assessment statement: I consider Snowden a hero for whistleblowing on the existence and details of the NSA surveillance programs, but not for revealing specific operational secrets to the Chinese government. Charles Pierce wishes Snowden would stop talking. I agree; the more this story is about him the less it is about the NSA. Stop giving interviews and let the documents do the talking.

Back to Daniel Solove, this excellent 2011 essay on the value of privacy is making the rounds again. And it should.

Many commentators had been using the metaphor of George Orwell’s 1984 to describe the problems created by the collection and use of personal data. I contended that the Orwell metaphor, which focuses on the harms of surveillance (such as inhibition and social control) might be apt to describe law enforcement’s monitoring of citizens. But much of the data gathered in computer databases is not particularly sensitive, such as one’s race, birth date, gender, address, or marital status. Many people do not care about concealing the hotels they stay at, the cars they own or rent, or the kind of beverages they drink. People often do not take many steps to keep such information secret. Frequently, though not always, people’s activities would not be inhibited if others knew this information.

I suggested a different metaphor to capture the problems: Franz Kafka’s The Trial, which depicts a bureaucracy with inscrutable purposes that uses people’s information to make important decisions about them, yet denies the people the ability to participate in how their information is used. The problems captured by the Kafka metaphor are of a different sort than the problems caused by surveillance. They often do not result in inhibition or chilling. Instead, they are problems of information processing—the storage, use, or analysis of data—rather than information collection. They affect the power relationships between people and the institutions of the modern state. They not only frustrate the individual by creating a sense of helplessness and powerlessness, but they also affect social structure by altering the kind of relationships people have with the institutions that make important decisions about their lives.

The whole essay is worth reading, as is—I hope—my essay on the value of privacy from 2006.

I have come to believe that the solution to all of this is regulation. And it’s not going to be the regulation of data collection; it’s going to be the regulation of data use.

EDITED TO ADD (6/18): A good rebutttal to the “nothing to hide” argument.

Posted on June 18, 2013 at 11:02 AM • View Comments

Evidence that the NSA Is Storing Voice Content, Not Just Metadata

Interesting speculation that the NSA is storing everyone’s phone calls, and not just metadata. Definitely worth reading.

I expressed skepticism about this just a month ago. My assumption had always been that everyone’s compressed voice calls is just too much data to move around and store. Now, I don’t know.

There’s a bit of a conspiracy-theory air to all of this speculation, but underestimating what the NSA will do is a mistake. General Alexander has told members of Congress that they can record the contents of phone calls. And they have the technical capability.

Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls—in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established “listening posts” that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, “whether they originate within the country or overseas.” That includes not just metadata, but also the contents of the communications.

William Binney, a former NSA technical director who helped to modernize the agency’s worldwide eavesdropping network, told the Daily Caller this week that the NSA records the phone calls of 500,000 to 1 million people who are on its so-called target list, and perhaps even more. “They look through these phone numbers and they target those and that’s what they record,” Binney said.

Brewster Kahle, a computer engineer who founded the Internet Archive, has vast experience storing large amounts of data. He created a spreadsheet this week estimating that the cost to store all domestic phone calls a year in cloud storage for data-mining purposes would be about $27 million per year, not counting the cost of extra security for a top-secret program and security clearances for the people involved.

I believe that, to the extent that the NSA is analyzing and storing conversations, they’re doing speech-to-text as close to the source as possible and working with that. Even if you have to store the audio for conversations in foreign languages, or for snippets of conversations the conversion software is unsure of, it’s a lot fewer bits to move around and deal with.

And, by the way, I hate the term “metadata.” What’s wrong with “traffic analysis,” which is what we’ve always called that sort of thing?

Posted on June 18, 2013 at 5:57 AM • View Comments

Blowback from the NSA Surveillance

There’s one piece of blowback that isn’t being discussed—aside from the fact that Snowden has killed the chances of any liberal arts major getting a DoD job for at least a decade—and that’s how the massive NSA surveillance of the Internet affects the US’s role in Internet governance.

Ron Deibert makes this point:

But there are unintended consequences of the NSA scandal that will undermine U.S. foreign policy interests—in particular, the “Internet Freedom” agenda espoused by the U.S. State Department and its allies.

The revelations that have emerged will undoubtedly trigger a reaction abroad as policymakers and ordinary users realize the huge disadvantages of their dependence on U.S.-controlled networks in social media, cloud computing, and telecommunications, and of the formidable resources that are deployed by U.S. national security agencies to mine and monitor those networks.

Writing about the new Internet nationalism, I talked about the ITU meeting in Dubai last fall, and the attempt of some countries to wrest control of the Internet from the US. That movement just got a huge PR boost. Now, when countries like Russia and Iran say the US is simply too untrustworthy to manage the Internet, no one will be able to argue.

We can’t fight for Internet freedom around the world, then turn around and destroy it back home. Even if we don’t see the contradiction, the rest of the world does.

Posted on June 17, 2013 at 6:13 AM • View Comments

Trading Privacy for Convenience

Ray Wang makes an important point about trust and our data:

This is the paradox. The companies contending to win our trust to manage our digital identities all seem to have complementary (or competing) business models that breach that trust by selling our data.

…and by turning it over to the government.

The current surveillance state is a result of a government/corporate partnership, and our willingness to give up privacy for convenience.

If the government demanded that we all carry tracking devices 24/7, we would rebel. Yet we all carry cell phones. If the government demanded that we deposit copies of all of our messages to each other with the police, we’d declare their actions unconstitutional. Yet we all use Gmail and Facebook messaging and SMS. If the government demanded that we give them access to all the photographs we take, and that we identify all of the people in them and tag them with locations, we’d refuse. Yet we do exactly that on Flickr and other sites.

Ray Ozzie is right when he said that we got what we asked for when we told the government we were scared and that they should do whatever they wanted to make us feel safer. But we also got what we asked for when we traded our privacy for convenience, trusting these corporations to look out for our best interests.

We’re living in a world of feudal security. And if you watch Game of Thrones, you know that feudalism benefits the powerful—at the expense of the peasants.

Last night, I was on All In with Chris Hayes (parts one and two). One of the things we talked about after the show was over is how technological solutions only work around the margins. That’s not a cause for despair. Think about technological solutions to murder. Yes, they exist—wearing a bullet-proof vest, for example—but they’re not really viable. The way we protect ourselves from murder is through laws. This is how we’re also going to protect our privacy.

EDITED TO ADD (6/18): The Onion nailed it back in 2011.

Posted on June 13, 2013 at 4:06 PM • View Comments

Prosecuting Snowden

Edward Snowden broke the law by releasing classified information. This isn’t under debate; it’s something everyone with a security clearance knows. It’s written in plain English on the documents you have to sign when you get a security clearance, and it’s part of the culture. The law is there for a good reason, and secrecy has an important role in military defense.

But before the Justice Department prosecutes Snowden, there are some other investigations that ought to happen.

We need to determine whether these National Security Agency programs are themselves legal. The administration has successfully barred anyone from bringing a lawsuit challenging these laws, on the grounds of national secrecy. Now that we know those arguments are without merit, it’s time for those court challenges.

It’s clear that some of the NSA programs exposed by Snowden violate the Constitution and others violate existing laws. Other people have an opposite view. The courts need to decide.

We need to determine whether classifying these programs is legal. Keeping things secret from the people is a very dangerous practice in a democracy, and the government is permitted to do so only under very specific circumstances. Reading the documents leaked so far, I don’t see anything that needs to be kept secret. The argument that exposing these documents helps the terrorists doesn’t even pass the laugh test; there’s nothing here that changes anything any potential terrorist would do or not do. But in any case, now that the documents are public, the courts need to rule on the legality of their secrecy.

And we need to determine how we treat whistle-blowers in this country. We have whistle-blower protection laws that apply in some cases, particularly when exposing fraud, and other illegal behavior. NSA officials have repeatedly lied about the existence, and details, of these programs to Congress.

Only after all of these legal issues have been resolved should any prosecution of Snowden move forward. Because only then will we know the full extent of what he did, and how much of it is justified.

I believe that history will hail Snowden as a hero—his whistle-blowing exposed a surveillance state and a secrecy machine run amok. I’m less optimistic of how the present day will treat him, and hope that the debate right now is less about the man and more about the government he exposed.

This essay was originally published on the New York Times Room for Debate blog, as part of a series of essays on the topic.

EDITED TO ADD (6/13): There’s a big discussion of this on Reddit.

Posted on June 12, 2013 at 6:16 AM • View Comments

Government Secrets and the Need for Whistle-blowers

Yesterday, we learned that the NSA received all calling records from Verizon customers for a three-month period starting in April. That’s everything except the voice content: who called who, where they were, how long the call lasted—for millions of people, both Americans and foreigners. This “metadata” allows the government to track the movements of everyone during that period, and build a detailed picture of who talks to whom. It’s exactly the same data the Justice Department collected about AP journalists.

The Guardian delivered this revelation after receiving a copy of a secret memo about this—presumably from a whistle-blower. We don’t know if the other phone companies handed data to the NSA too. We don’t know if this was a one-off demand or a continuously renewed demand; the order started a few days after the Boston bombers were captured by police.

We don’t know a lot about how the government spies on us, but we know some things. We know the FBI has issued tens of thousands of ultra-secret National Security Letters to collect all sorts of data on people—we believe on millions of people—and has been abusing them to spy on cloud-computer users. We know it can collect a wide array of personal data from the Internet without a warrant. We also know that the FBI has been intercepting cell-phone data, all but voice content, for the past 20 years without a warrant, and can use the microphone on some powered-off cell phones as a room bug—presumably only with a warrant.

We know that the NSA has many domestic-surveillance and data-mining programs with codenames like Trailblazer, Stellar Wind, and Ragtime—deliberately using different codenames for similar programs to stymie oversight and conceal what’s really going on. We know that the NSA is building an enormous computer facility in Utah to store all this data, as well as faster computer networks to process it all. We know the U.S. Cyber Command employs 4,000 people.

We know that the DHS is also collecting a massive amount of data on people, and that local police departments are running “fusion centers” to collect and analyze this data, and covering up its failures. This is all part of the militarization of the police.

Remember in 2003, when Congress defunded the decidedly creepy Total Information Awareness program? It didn’t die; it just changed names and split into many smaller programs. We know that corporations are doing an enormous amount of spying on behalf of the government: all parts.

We know all of this not because the government is honest and forthcoming, but mostly through three backchannels—inadvertent hints or outright admissions by government officials in hearings and court cases, information gleaned from government documents received under FOIA, and government whistle-blowers.

There’s much more we don’t know, and often what we know is obsolete. We know quite a bit about the NSA’s ECHELON program from a 2000 European investigation, and about the DHS’s plans for Total Information Awareness from 2002, but much less about how these programs have evolved. We can make inferences about the NSA’s Utah facility based on the theoretical amount of data from various sources, the cost of computation, and the power requirements from the facility, but those are rough guesses at best. For a lot of this, we’re completely in the dark.

And that’s wrong.

The U.S. government is on a secrecy binge. It overclassifies more information than ever. And we learn, again and again, that our government regularly classifies things not because they need to be secret, but because their release would be embarrassing.

Knowing how the government spies on us is important. Not only because so much of it is illegal—or, to be as charitable as possible, based on novel interpretations of the law—but because we have a right to know. Democracy requires an informed citizenry in order to function properly, and transparency and accountability are essential parts of that. That means knowing what our government is doing to us, in our name. That means knowing that the government is operating within the constraints of the law. Otherwise, we’re living in a police state.

We need whistle-blowers.

Leaking information without getting caught is difficult. It’s almost impossible to maintain privacy in the Internet Age. The WikiLeaks platform seems to have been secure—Bradley Manning was caught not because of a technological flaw, but because someone he trusted betrayed him—but the U.S. government seems to have successfully destroyed it as a platform. None of the spin-offs have risen to become viable yet. The New Yorker recently unveiled its Strongbox platform for leaking material, which is still new but looks good. This link contains the best advice on how to leak information to the press via phone, email, or the post office. The National Whistleblowers Center has a page on national-security whistle-blowers and their rights.

Leaking information is also very dangerous. The Obama Administration has embarked on a war on whistle-blowers, pursuing them—both legally and through intimidation—further than any previous administration has done. Mark Klein, Thomas Drake, and William Binney have all been persecuted for exposing technical details of our surveillance state. Bradley Manning has been treated cruelly and inhumanly—and possibly tortured—for his more-indiscriminate leaking of State Department secrets.

The Obama Administration’s actions against the Associated Press, its persecution of Julian Assange, and its unprecedented prosecution of Manning on charges of “aiding the enemy” demonstrate how far it’s willing to go to intimidate whistle-blowers—as well as the journalists who talk to them.

But whistle-blowing is vital, even more broadly than in government spying. It’s necessary for good government, and to protect us from abuse of power.

We need details on the full extent of the FBI’s spying capabilities. We don’t know what information it routinely collects on American citizens, what extra information it collects on those on various watch lists, and what legal justifications it invokes for its actions. We don’t know its plans for future data collection. We don’t know what scandals and illegal actions—either past or present—are currently being covered up.

We also need information about what data the NSA gathers, either domestically or internationally. We don’t know how much it collects surreptitiously, and how much it relies on arrangements with various companies. We don’t know how much it uses password cracking to get at encrypted data, and how much it exploits existing system vulnerabilities. We don’t know whether it deliberately inserts backdoors into systems it wants to monitor, either with or without the permission of the communications-system vendors.

And we need details about the sorts of analysis the organizations perform. We don’t know what they quickly cull at the point of collection, and what they store for later analysis—and how long they store it. We don’t know what sort of database profiling they do, how extensive their CCTV and surveillance-drone analysis is, how much they perform behavioral analysis, or how extensively they trace friends of people on their watch lists.

We don’t know how big the U.S. surveillance apparatus is today, either in terms of money and people or in terms of how many people are monitored or how much data is collected. Modern technology makes it possible to monitor vastly more people—yesterday’s NSA revelations demonstrate that they could easily surveil everyone—than could ever be done manually.

Whistle-blowing is the moral response to immoral activity by those in power. What’s important here are government programs and methods, not data about individuals. I understand I am asking for people to engage in illegal and dangerous behavior. Do it carefully and do it safely, but—and I am talking directly to you, person working on one of these secret and probably illegal programs—do it.

If you see something, say something. There are many people in the U.S. that will appreciate and admire you.

For the rest of us, we can help by protesting this war on whistle-blowers. We need to force our politicians not to punish them—to investigate the abuses and not the messengers—and to ensure that those unjustly persecuted can obtain redress.

Our government is putting its own self-interest ahead of the interests of the country. That needs to change.

This essay originally appeared on the Atlantic.

EDITED TO ADD (6/10): It’s not just phone records. Another secret program, PRISM, gave the NSA access to e-mails and private messages at Google, Facebook, Yahoo!, Skype, AOL, and others. And in a separate leak, we now know about the Boundless Informant NSA data mining system.

The leaker for at least some of this is Edward Snowden. I consider him an American hero.

EFF has a great timeline of NSA spying. And this and this contain some excellent speculation about what PRISM could be.

Someone needs to write an essay parsing all of the precisely worded denials. Apple has never heard the word “PRISM,” but could have known of the program under a different name. Google maintained that there is no government “back door,” but left open the possibility that the data could have been just handed over. Obama said that the government isn’t “listening to your telephone calls,” ignoring 1) the meta-data, 2) the fact that computers could be doing all of the listening, and 3) that text-to-speech results in phone calls being read and not listened to. And so on and on and on.

Here are people defending the programs. And here’s someone criticizing my essay.

Four more good essays.

I’m sure there are lots more things out there that should be read. Please include the links in comments. Not only essays I would agree with; intelligent opinions from the other sides are just as important.

EDITED TO ADD (6/10): Two essays discussing the policy issues.

My original essay is being discussed on Reddit.

EDITED TO ADD (6/11): Three more good articles: “The Irrationality of Giving Up This Much Liberty to Fight Terror,” “If the NSA Trusted Edward Snowden with Our Data, Why Should We Trust the NSA?” and “Using Metadata to Find Paul Revere.”

EDITED TO ADD (6/11): NSA surveillance reimagined as children’s books.

EDITED TO ADD (7/1): This essay has been translated into Russian and French.

EDITED TO ADD (10/2): This essay has also been translated into Finnish.

Posted on June 10, 2013 at 6:12 AM • View Comments

Are We Finally Thinking Sensibly About Terrorism?

This article wonders if we are:

Yet for pretty much the first time there has been a considerable amount of media commentary seeking to put terrorism in context—commentary that concludes, as a Doyle McManus article in the Los Angeles Times put it a day after the attack, “We’re safer than we think.”

Similar tunes were sung by Tom Friedman of the New York Times, Jeff Jacoby of the Boston Globe, David Rothkopf writing for CNN.com, Josh Barro at Bloomberg, John Cassidy at the New Yorker, and Steve Chapman in the Chicago Tribune, even as the Washington Post told us “why terrorism is not scary” and published statistics on its rarity. Bruce Schneier, who has been making these arguments for over a decade, got 360,000 hits doing so for The Atlantic. Even neoconservative Max Boot, a strong advocate of the war in Iraq as a response to 9/11, argues in the Wall Street Journal, “we must do our best to make sure that the terrorists don’t achieve their objective—to terrorize us.”

James Carafano of the conservative Heritage Foundation noted in a radio interview that “the odds of you being killed by a terrorist are less than you being hit by a meteorite.” Carafano’s odds may be a bit off, but his basic point isn’t. At present rates, an American’s chance of being killed by a terrorist is about one in 3.5 million per year—compared, for example, to a yearly chance of dying in an automobile crash of one in 8,200. That could change, of course, if terrorists suddenly become vastly more capable of inflicting damage—as much commentary on terrorism has predicted over the past decade. But we’re not hearing much of that anymore.

In a 60 Minutes interview a decade ago filmmaker Michael Moore noted, “The chances of any of us dying in a terrorist incident is very, very, very small.” Bob Simon, his interlocutor, responded, “No one sees the world like that.”

Both statements were pretty much true then. However, the unprecedented set of articles projecting a more restrained, and broader, perspective suggests that Simon’s wisdom may need some updating, and that Moore is beginning to have some company.