Entries Tagged "whistleblowers"

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More on the NSA Commandeering the Internet

If there’s any confirmation that the U.S. government has commandeered the Internet for worldwide surveillance, it is what happened with Lavabit earlier this month.

Lavabit is—well, was—an e-mail service that offered more privacy than the typical large-Internet-corporation services that most of us use. It was a small company, owned and operated by Ladar Levison, and it was popular among the tech-savvy. NSA whistleblower Edward Snowden among its half-million users.

Last month, Levison reportedly received an order—probably a National Security Letter—to allow the NSA to eavesdrop on everyone’s e-mail accounts on Lavabit. Rather than “become complicit in crimes against the American people,” he turned the service off. Note that we don’t know for sure that he received a NSL—that’s the order authorized by the Patriot Act that doesn’t require a judge’s signature and prohibits the recipient from talking about it—or what it covered, but Levison has said that he had complied with requests for individual e-mail access in the past, but this was very different.

So far, we just have an extreme moral act in the face of government pressure. It’s what happened next that is the most chilling. The government threatened him with arrest, arguing that shutting down this e-mail service was a violation of the order.

There it is. If you run a business, and the FBI or NSA want to turn it into a mass surveillance tool, they believe they can do so, solely on their own initiative. They can force you to modify your system. They can do it all in secret and then force your business to keep that secret. Once they do that, you no longer control that part of your business. You can’t shut it down. You can’t terminate part of your service. In a very real sense, it is not your business anymore. It is an arm of the vast U.S. surveillance apparatus, and if your interest conflicts with theirs then they win. Your business has been commandeered.

For most Internet companies, this isn’t a problem. They are already engaging in massive surveillance of their customers and users—collecting and using this data is the primary business model of the Internet—so it’s easy to comply with government demands and give the NSA complete access to everything. This is what we learned from Edward Snowden. Through programs like PRISM, BLARNEY and OAKSTAR, the NSA obtained bulk access to services like Gmail and Facebook, and to Internet backbone connections throughout the US and the rest of the world. But if it were a problem for those companies, presumably the government would not allow them to shut down.

To be fair, we don’t know if the government can actually convict someone of closing a business. It might just be part of their coercion tactics. Intimidation, and retaliation, is part of how the NSA does business.

Former Qwest CEO Joseph Nacchio has a story of what happens to a large company that refuses to cooperate. In February 2001—before the 9/11 terrorist attacks—the NSA approached the four major US telecoms and asked for their cooperation in a secret data collection program, the one we now know to be the bulk metadata collection program exposed by Edward Snowden. Qwest was the only telecom to refuse, leaving the NSA with a hole in its spying efforts. The NSA retaliated by canceling a series of big government contracts with Qwest. The company has since been purchased by CenturyLink, which we presume is more cooperative with NSA demands.

That was before the Patriot Act and National Security Letters. Now, presumably, Nacchio would just comply. Protection rackets are easier when you have the law backing you up.

As the Snowden whistleblowing documents continue to be made public, we’re getting further glimpses into the surveillance state that has been secretly growing around us. The collusion of corporate and government surveillance interests is a big part of this, but so is the government’s resorting to intimidation. Every Lavabit-like service that shuts down—and there have been several—gives us consumers less choice, and pushes us into the large services that cooperate with the NSA. It’s past time we demanded that Congress repeal National Security Letters, give us privacy rights in this new information age, and force meaningful oversight on this rogue agency.

This essay previously appeared in USA Today.

EDITED TO ADD: This essay has been translated into Danish.

Posted on August 30, 2013 at 6:12 AM • View Comments

Detaining David Miranda

Last Sunday, David Miranda was detained while changing planes at London Heathrow Airport by British authorities for nine hours under a controversial British law—the maximum time allowable without making an arrest. There has been much made of the fact that he’s the partner of Glenn Greenwald, the Guardian reporter whom Edward Snowden trusted with many of his NSA documents and the most prolific reporter of the surveillance abuses disclosed in those documents. There’s less discussion of what I feel was the real reason for Miranda’s detention. He was ferrying documents between Greenwald and Laura Poitras, a filmmaker and his co-reporter on Snowden and his information. These document were on several USB memory sticks he had with him. He had already carried documents from Greenwald in Rio de Janeiro to Poitras in Berlin, and was on his way back with different documents when he was detained.

The memory sticks were encrypted, of course, and Miranda did not know the key. This didn’t stop the British authorities from repeatedly asking for the key, and from confiscating the memory sticks along with his other electronics.

The incident prompted a major outcry in the UK. The UK’s Terrorist Act has always been controversial, and this clear misuse—it was intended to give authorities the right to detain and question suspected terrorists—is prompting new calls for its review. Certainly the UK. police will be more reluctant to misuse the law again in this manner.

I have to admit this story has me puzzled. Why would the British do something like this? What did they hope to gain, and why did they think it worth the cost? And—of course—were the British acting on their own under the Official Secrets Act, or were they acting on behalf of the United States? (My initial assumption was that they were acting on behalf of the US, but after the bizarre story of the British GCHQ demanding the destruction of Guardian computers last month, I’m not sure anymore.)

We do know the British were waiting for Miranda. It’s reasonable to assume they knew his itinerary, and had good reason to suspect that he was ferrying documents back and forth between Greenwald and Poitras. These documents could be source documents provided by Snowden, new documents that the two were working on either separately or together, or both. That being said, it’s inconceivable that the memory sticks would contain the only copies of these documents. Poitras retained copies of everything she gave Miranda. So the British authorities couldn’t possibly destroy the documents; the best they could hope for is that they would be able to read them.

Is it truly possible that the NSA doesn’t already know what Snowden has? They claim they don’t, but after Snowden’s name became public, the NSA would have conducted the mother of all audits. It would try to figure out what computer systems Snowden had access to, and therefore what documents he could have accessed. Hopefully, the audit information would give more detail, such as which documents he downloaded. I have a hard time believing that its internal auditing systems would be so bad that it wouldn’t be able to discover this.

So if the NSA knows what Snowden has, or what he could have, then the most it could learn from the USB sticks is what Greenwald and Poitras are currently working on, or thinking about working on. But presumably the things the two of them are working on are the things they’re going to publish next. Did the intelligence agencies really do all this simply for a few weeks’ heads-up on what was coming? Given how ham-handedly the NSA has handled PR as each document was exposed, it seems implausible that it wanted advance knowledge so it could work on a response. It’s been two months since the first Snowden revelation, and it still doesn’t have a decent PR story.

Furthermore, the UK authorities must have known that the data would be encrypted. Greenwald might have been a crypto newbie at the start of the Snowden affair, but Poitras is known to be good at security. The two have been communicating securely by e-mail when they do communicate. Maybe the UK authorities thought there was a good chance that one of them would make a security mistake, or that Miranda would be carrying paper documents.

Another possibility is that this was just intimidation. If so, it’s misguided. Anyone who regularly reads Greenwald could have told them that he would not have been intimidated—and, in fact, he expressed the exact opposite sentiment—and anyone who follows Poitras knows that she is even more strident in her views. Going after the loved ones of state enemies is a typically thuggish tactic, but it’s not a very good one in this case. The Snowden documents will get released. There’s no way to put this cat back in the bag, not even by killing the principal players.

It could possibly have been intended to intimidate others who are helping Greenwald and Poitras, or the Guardian and its advertisers. This will have some effect. Lavabit, Silent Circle, and now Groklaw have all been successfully intimidated. Certainly others have as well. But public opinion is shifting against the intelligence community. I don’t think it will intimidate future whistleblowers. If the treatment of Chelsea Manning didn’t discourage them, nothing will.

This leaves one last possible explanation—those in power were angry and impulsively acted on that anger. They’re lashing out: sending a message and demonstrating that they’re not to be messed with—that the normal rules of polite conduct don’t apply to people who screw with them. That’s probably the scariest explanation of all. Both the US and UK intelligence apparatuses have enormous money and power, and they have already demonstrated that they are willing to ignore their own laws. Once they start wielding that power unthinkingly, it could get really bad for everyone.

And it’s not going to be good for them, either. They seem to want Snowden so badly that that they’ll burn the world down to get him. But every time they act impulsively aggressive—convincing the governments of Portugal and France to block the plane carrying the Bolivian president because they thought Snowden was on it is another example—they lose a small amount of moral authority around the world, and some ability to act in the same way again. The more pressure Snowden feels, the more likely he is to give up on releasing the documents slowly and responsibly, and publish all of them at once—the same way that WikiLeaks published the US State Department cables.

Just this week, the Wall Street Journal reported on some new NSA secret programs that are spying on Americans. It got the information from “interviews with current and former intelligence and government officials and people from companies that help build or operate the systems, or provide data,” not from Snowden. This is only the beginning. The media will not be intimidated. I will not be intimidated. But it scares me that the NSA is so blind that it doesn’t see it.

This essay previously appeared on TheAtlantic.com.

EDITED TO ADD: I’ve been thinking about it, and there’s a good chance that the NSA doesn’t know what Snowden has. He was a sysadmin. He had access. Most of the audits and controls protect against normal users; someone with root access is going to be able to bypass a lot of them. And he had the technical chops to cover his tracks when he couldn’t just evade the auditing systems.

The AP makes an excellent point about this:

The disclosure undermines the Obama administration’s assurances to Congress and the public that the NSA surveillance programs can’t be abused because its spying systems are so aggressively monitored and audited for oversight purposes: If Snowden could defeat the NSA’s own tripwires and internal burglar alarms, how many other employees or contractors could do the same?

And, to be clear, I didn’t mean to say that intimidation wasn’t the government’s motive. I believe it was, and that it was poorly thought out intimidation: lashing out in anger, rather than from some Machiavellian strategy. (Here’s a similar view.) If they wanted Miranda’s electronics, they could have confiscated them and sent him on his way in fifteen minutes. Holding him for nine hours—the absolute maximum they could under the current law—was intimidation.

I am reminded of the phone call the Guardian received from British government. The exact quote reported was: “You’ve had your fun. Now we want the stuff back.” That’s something you would tell your child. And that’s the power dynamic that’s going on here.

EDITED TO ADD (8/27): Jay Rosen has an excellent essay on this.

EDITED TO ADD (9/12): Other editors react.

Posted on August 27, 2013 at 6:39 AM • View Comments

Protecting Against Leakers

Ever since Edward Snowden walked out of a National Security Agency facility in May with electronic copies of thousands of classified documents, the finger-pointing has concentrated on government’s security failures. Yet the debacle illustrates the challenge with trusting people in any organization.

The problem is easy to describe. Organizations require trusted people, but they don’t necessarily know whether those people are trustworthy. These individuals are essential, and can also betray organizations.

So how does an organization protect itself?

Securing trusted people requires three basic mechanisms (as I describe in my book Beyond Fear). The first is compartmentalization. Trust doesn’t have to be all or nothing; it makes sense to give relevant workers only the access, capabilities and information they need to accomplish their assigned tasks. In the military, even if they have the requisite clearance, people are only told what they “need to know.” The same policy occurs naturally in companies.

This isn’t simply a matter of always granting more senior employees a higher degree of trust. For example, only authorized armored-car delivery people can unlock automated teller machines and put money inside; even the bank president can’t do so. Think of an employee as operating within a sphere of trust—a set of assets and functions he or she has access to. Organizations act in their best interest by making that sphere as small as possible.

The idea is that if someone turns out to be untrustworthy, he or she can only do so much damage. This is where the NSA failed with Snowden. As a system administrator, he needed access to many of the agency’s computer systems—and he needed access to everything on those machines. This allowed him to make copies of documents he didn’t need to see.

The second mechanism for securing trust is defense in depth: Make sure a single person can’t compromise an entire system. NSA Director General Keith Alexander has said he is doing this inside the agency by instituting what is called two-person control: There will always be two people performing system-administration tasks on highly classified computers.

Defense in depth reduces the ability of a single person to betray the organization. If this system had been in place and Snowden’s superior had been notified every time he downloaded a file, Snowden would have been caught well before his flight to Hong Kong.

The final mechanism is to try to ensure that trusted people are, in fact, trustworthy. The NSA does this through its clearance process, which at high levels includes lie-detector tests (even though they don’t work) and background investigations. Many organizations perform reference and credit checks and drug tests when they hire new employees. Companies may refuse to hire people with criminal records or noncitizens; they might hire only those with a particular certification or membership in certain professional organizations. Some of these measures aren’t very effective—it’s pretty clear that personality profiling doesn’t tell you anything useful, for example—but the general idea is to verify, certify and test individuals to increase the chance they can be trusted.

These measures are expensive. It costs the U.S. government about $4,000 to qualify someone for top-secret clearance. Even in a corporation, background checks and screenings are expensive and add considerable time to the hiring process. Giving employees access to only the information they need can hamper them in an agile organization in which needs constantly change. Security audits are expensive, and two-person control is even more expensive: it can double personnel costs. We’re always making trade-offs between security and efficiency.

The best defense is to limit the number of trusted people needed within an organization. Alexander is doing this at the NSA—albeit too late—by trying to reduce the number of system administrators by 90 percent. This is just a tiny part of the problem; in the U.S. government, as many as 4 million people, including contractors, hold top-secret or higher security clearances. That’s far too many.

More surprising than Snowden’s ability to get away with taking the information he downloaded is that there haven’t been dozens more like him. His uniqueness—along with the few who have gone before him and how rare whistle-blowers are in general—is a testament to how well we normally do at building security around trusted people.

Here’s one last piece of advice, specifically about whistle-blowers. It’s much harder to keep secrets in a networked world, and whistle-blowing has become the civil disobedience of the information age. A public or private organization’s best defense against whistle-blowers is to refrain from doing things it doesn’t want to read about on the front page of the newspaper. This may come as a shock in a market-based system, in which morally dubious behavior is often rewarded as long as it’s legal and illegal activity is rewarded as long as you can get away with it.

No organization, whether it’s a bank entrusted with the privacy of its customer data, an organized-crime syndicate intent on ruling the world, or a government agency spying on its citizens, wants to have its secrets disclosed. In the information age, though, it may be impossible to avoid.

This essay previously appeared on Bloomberg.com.

EDITED TO ADD 8/22: A commenter on the Bloomberg site added another security measure: pay your people more. Better paid people are less likely to betray the organization that employs them. I should have added that, especially since I make that exact point in Liars and Outliers.

Posted on August 26, 2013 at 1:19 PM • View Comments

The NSA is Commandeering the Internet

It turns out that the NSA’s domestic and world-wide surveillance apparatus is even more extensive than we thought. Bluntly: The government has commandeered the Internet. Most of the largest Internet companies provide information to the NSA, betraying their users. Some, as we’ve learned, fight and lose. Others cooperate, either out of patriotism or because they believe it’s easier that way.

I have one message to the executives of those companies: fight.

Do you remember those old spy movies, when the higher ups in government decide that the mission is more important than the spy’s life? It’s going to be the same way with you. You might think that your friendly relationship with the government means that they’re going to protect you, but they won’t. The NSA doesn’t care about you or your customers, and will burn you the moment it’s convenient to do so.

We’re already starting to see that. Google, Yahoo, Microsoft and others are pleading with the government to allow them to explain details of what information they provided in response to National Security Letters and other government demands. They’ve lost the trust of their customers, and explaining what they do—and don’t do—is how to get it back. The government has refused; they don’t care.

It will be the same with you. There are lots more high-tech companies who have cooperated with the government. Most of those company names are somewhere in the thousands of documents that Edward Snowden took with him, and sooner or later they’ll be released to the public. The NSA probably told you that your cooperation would forever remain secret, but they’re sloppy. They’ll put your company name on presentations delivered to thousands of people: government employees, contractors, probably even foreign nationals. If Snowden doesn’t have a copy, the next whistleblower will.

This is why you have to fight. When it becomes public that the NSA has been hoovering up all of your users’ communications and personal files, what’s going to save you in the eyes of those users is whether or not you fought. Fighting will cost you money in the short term, but capitulating will cost you more in the long term.

Already companies are taking their data and communications out of the US.

The extreme case of fighting is shutting down entirely. The secure e-mail service Lavabit did that last week, abruptly. Ladar Levison, that site’s owner, wrote on his homepage: “I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision.”

The same day, Silent Circle followed suit, shutting down their e-mail service in advance of any government strong-arm tactics: “We see the writing the wall, and we have decided that it is best for us to shut down Silent Mail now. We have not received subpoenas, warrants, security letters, or anything else by any government, and this is why we are acting now.” I realize that this is extreme. Both of those companies can do it because they’re small. Google or Facebook couldn’t possibly shut themselves off rather than cooperate with the government. They’re too large; they’re public. They have to do what’s economically rational, not what’s moral.

But they can fight. You, an executive in one of those companies, can fight. You’ll probably lose, but you need to take the stand. And you might win. It’s time we called the government’s actions what they really are: commandeering. Commandeering is a practice we’re used to in wartime, where commercial ships are taken for military use, or production lines are converted to military production. But now it’s happening in peacetime. Vast swaths of the Internet are being commandeered to support this surveillance state.

If this is happening to your company, do what you can to isolate the actions. Do you have employees with security clearances who can’t tell you what they’re doing? Cut off all automatic lines of communication with them, and make sure that only specific, required, authorized acts are being taken on behalf of government. Only then can you look your customers and the public in the face and say that you don’t know what is going on—that your company has been commandeered.

Journalism professor Jeff Jarvis recently wrote in the Guardian: “Technology companies: now is the moment when you must answer for us, your users, whether you are collaborators in the US government’s efforts to ‘collect it all—our every move on the internet—or whether you, too, are victims of its overreach.”

So while I’m sure it’s cool to have a secret White House meeting with President Obama—I’m talking to you, Google, Apple, AT&T, and whoever else was in the room—resist. Attend the meeting, but fight the secrecy. Whose side are you on?

The NSA isn’t going to remain above the law forever. Already public opinion is changing, against the government and their corporate collaborators. If you want to keep your users’ trust, demonstrate that you were on their side.

This essay originally appeared on TheAtlantic.com.

Slashdot thread. And a good interview with Lavabit’s founder.

Posted on August 15, 2013 at 6:10 AM • View Comments

NSA Increasing Security by Firing 90% of Its Sysadmins

General Keith Alexander thinks he can improve security by automating sysadmin duties such that 90% of them can be fired:

Using technology to automate much of the work now done by employees and contractors would make the NSA’s networks “more defensible and more secure,” as well as faster, he said at the conference, in which he did not mention Snowden by name.

Does anyone know a sysadmin anywhere who believes it’s possible to automate 90% of his job? Or who thinks any such automation will actually improve security?

He’s stuck. Computerized systems require trusted people to administer them. And any agency with all that computing power is going to need thousands of sysadmins. Some of them are going to be whistleblowers.

Leaking secret information is the civil disobedience of our age. Alexander has to get used to it.

Posted on August 12, 2013 at 2:33 PM • View Comments

Restoring Trust in Government and the Internet

In July 2012, responding to allegations that the video-chat service Skype—owned by Microsoft—was changing its protocols to make it possible for the government to eavesdrop on users, Corporate Vice President Mark Gillett took to the company’s blog to deny it.

Turns out that wasn’t quite true.

Or at least he—or the company’s lawyers—carefully crafted a statement that could be defended as true while completely deceiving the reader. You see, Skype wasn’t changing its protocols to make it possible for the government to eavesdrop on users, because the government was already able to eavesdrop on users.

At a Senate hearing in March, Director of National Intelligence James Clapper assured the committee that his agency didn’t collect data on hundreds of millions of Americans. He was lying, too. He later defended his lie by inventing a new definition of the word “collect,” an excuse that didn’t even pass the laugh test.

As Edward Snowden’s documents reveal more about the NSA’s activities, it’s becoming clear that we can’t trust anything anyone official says about these programs.

Google and Facebook insist that the NSA has no “direct access” to their servers. Of course not; the smart way for the NSA to get all the data is through sniffers.

Apple says it’s never heard of PRISM. Of course not; that’s the internal name of the NSA database. Companies are publishing reports purporting to show how few requests for customer-data access they’ve received, a meaningless number when a single Verizon request can cover all of their customers. The Guardian reported that Microsoft secretly worked with the NSA to subvert the security of Outlook, something it carefully denies. Even President Obama’s justifications and denials are phrased with the intent that the listener will take his words very literally and not wonder what they really mean.

NSA Director Gen. Keith Alexander has claimed that the NSA’s massive surveillance and data mining programs have helped stop more than 50 terrorist plots, 10 inside the U.S. Do you believe him? I think it depends on your definition of “helped.” We’re not told whether these programs were instrumental in foiling the plots or whether they just happened to be of minor help because the data was there. It also depends on your definition of “terrorist plots.” An examination of plots that that FBI claims to have foiled since 9/11 reveals that would-be terrorists have commonly been delusional, and most have been egged on by FBI undercover agents or informants.

Left alone, few were likely to have accomplished much of anything.

Both government agencies and corporations have cloaked themselves in so much secrecy that it’s impossible to verify anything they say; revelation after revelation demonstrates that they’ve been lying to us regularly and tell the truth only when there’s no alternative.

There’s much more to come. Right now, the press has published only a tiny percentage of the documents Snowden took with him. And Snowden’s files are only a tiny percentage of the number of secrets our government is keeping, awaiting the next whistle-blower.

Ronald Reagan once said “trust but verify.” That works only if we can verify. In a world where everyone lies to us all the time, we have no choice but to trust blindly, and we have no reason to believe that anyone is worthy of blind trust. It’s no wonder that most people are ignoring the story; it’s just too much cognitive dissonance to try to cope with it.

This sort of thing can destroy our country. Trust is essential in our society. And if we can’t trust either our government or the corporations that have intimate access into so much of our lives, society suffers. Study after study demonstrates the value of living in a high-trust society and the costs of living in a low-trust one.

Rebuilding trust is not easy, as anyone who has betrayed or been betrayed by a friend or lover knows, but the path involves transparency, oversight and accountability. Transparency first involves coming clean. Not a little bit at a time, not only when you have to, but complete disclosure about everything. Then it involves continuing disclosure. No more secret rulings by secret courts about secret laws. No more secret programs whose costs and benefits remain hidden.

Oversight involves meaningful constraints on the NSA, the FBI and others. This will be a combination of things: a court system that acts as a third-party advocate for the rule of law rather than a rubber-stamp organization, a legislature that understands what these organizations are doing and regularly debates requests for increased power, and vibrant public-sector watchdog groups that analyze and debate the government’s actions.

Accountability means that those who break the law, lie to Congress or deceive the American people are held accountable. The NSA has gone rogue, and while it’s probably not possible to prosecute people for what they did under the enormous veil of secrecy it currently enjoys, we need to make it clear that this behavior will not be tolerated in the future. Accountability also means voting, which means voters need to know what our leaders are doing in our name.

This is the only way we can restore trust. A market economy doesn’t work unless consumers can make intelligent buying decisions based on accurate product information. That’s why we have agencies like the FDA, truth-in-packaging laws and prohibitions against false advertising.

In the same way, democracy can’t work unless voters know what the government is doing in their name. That’s why we have open-government laws. Secret courts making secret rulings on secret laws, and companies flagrantly lying to consumers about the insecurity of their products and services, undermine the very foundations of our society.

Since the Snowden documents became public, I have been receiving e-mails from people seeking advice on whom to trust. As a security and privacy expert, I’m expected to know which companies protect their users’ privacy and which encryption programs the NSA can’t break. The truth is, I have no idea. No one outside the classified government world does. I tell people that they have no choice but to decide whom they trust and to then trust them as a matter of faith. It’s a lousy answer, but until our government starts down the path of regaining our trust, it’s the only thing we can do.

This essay originally appeared on CNN.com.

EDITED TO ADD (8/7): Two more links describing how the US government lies about NSA surveillance.

Posted on August 7, 2013 at 6:29 AM • View Comments

Obama's Continuing War Against Leakers

The Obama Administration has a comprehensive “insider threat” program to detect leakers from within government. This is pre-Snowden. Not surprisingly, the combination of profiling and “see something, say something” is unlikely to work.

In an initiative aimed at rooting out future leakers and other security violators, President Barack Obama has ordered federal employees to report suspicious actions of their colleagues based on behavioral profiling techniques that are not scientifically proven to work, according to experts and government documents.

The techniques are a key pillar of the Insider Threat Program, an unprecedented government-wide crackdown under which millions of federal bureaucrats and contractors must watch out for “high-risk persons or behaviors” among co-workers. Those who fail to report them could face penalties, including criminal charges.

Another critique.

Posted on July 29, 2013 at 6:28 AM • View Comments

Michael Hayden on the Effects of Snowden's Whistleblowing

Former NSA director Michael Hayden lists three effects of the Snowden documents:

  1. “…the undeniable operational effect of informing adversaries of American intelligence’s tactics, techniques and procedures.”
  2. “…the undeniable economic punishment that will be inflicted on American businesses for simply complying with American law.”
  3. “…the erosion of confidence in the ability of the United States to do anything discreetly or keep anything secret.”

It’s an interesting list, and one that you’d expect from a NSA person. Actually, the whole essay is about what you’d expect from a former NSA person.

My reactions:

  1. This, I agree, is actual damage. From what I can tell, Snowden has done his best to minimize it. And both the Guardian and the Washington Post refused to publish materials he provided, out of concern for US national security. Hayden believes that both the Chinese and the Russians have Snowden’s entire trove of documents, but I’m less convinced. Everyone is acting under the assumption that the NSA has compromised everything, which is probably a good assumption.
  2. Hayden has it backwards—this is good. I hope that companies that have cooperated with the NSA are penalized in the market. If we are to expect the market to solve any of this, we need the cost of cooperating to be greater than the cost of fighting. If we as consumers punish companies that have complied with the NSA, they’ll be less likely to roll over next time.
  3. In the long run, this might turn out to be a good thing, too. In the Internet age, secrecy is a lot harder to maintain. The countries that figure this out first will be the countries that do well in the coming decades.

And, of course, Hayden lists his “costs” without discussing the benefits. Exposing secret government overreach, a secret agency gone rogue, and a secret court that’s failing in its duties are enormously beneficial. Snowden has blown a whistle that long needed blowing—it’s the only way can ever hope to fix this. And Hayden completely ignores the very real question as to whether these enormous NSA data-collection programs provide any real benefits.

I’m also tired of this argument:

But it takes a special kind of arrogance for this young man to believe that his moral judgment on the dilemma suddenly trumps that of two (incredibly different) presidents, both houses of the U.S. Congress, both political parties, the U.S. court system and more than 30,000 of his co-workers.

It’s like President Obama claiming that the NSA programs are “transparent” because they were cleared by a secret court that only ever sees one side of the argument, or that Congress has provided oversight because a few legislators were allowed to know some of what was going on but forbidden from talking to anyone about it.

Posted on July 24, 2013 at 2:52 PM • View Comments

Prosecuting Snowden

I generally don’t like stories about Snowden as a person, because they distract from the real story of the NSA surveillance programs, but this article on the costs and benefits of the US government prosecuting Edward Snowden is worth reading.

Additional concerns relate to the trial. Snowden would no doubt obtain high-powered lawyers. Protesters would ring the courthouse. Journalists would camp out inside. As proceedings dragged on for months, the spotlight would remain on the N.S.A.’s spying and the administration’s pursuit of leakers. Instead of fading into obscurity, the Snowden affair would continue to grab headlines, and thus to undermine the White House’s ability to shape political discourse.

A trial could turn out to be much more than a distraction: It could be a focal point for domestic and international outrage. From the executive branch’s institutional perspective, the greatest danger posed by the Snowden case is not to any particular program. It is to the credibility of the secrecy system, and at one remove the ideal of our government as a force for good.

[…]

More broadly, Snowden’s case may clash with certain foreign policy goals. The United States often wants other countries’ dissidents to be able to find refuge abroad; this is a longstanding plank of its human rights agenda. The United States also wants illiberal regimes to tolerate online expression that challenges their authority; this is the core of its developing Internet freedom agenda.

Snowden’s prosecution may limit our soft power to lead and persuade in these areas. Of course, U.S. officials could emphasize that Snowden is different, that he’s not a courageous activist but a reckless criminal. But that is what the repressive governments say about their prisoners, too.

EDITED TO ADD (7/22): Related is this article on whether Snowden can manage to avoid arrest. Here’s the ending:

Speaking of movies, near the end of the hit film “Catch Me If You Can,” there’s a scene that Snowden might do well to watch while he’s killing time in the airport lounge (or wherever he is) pondering his fate. The young forger, Frank Abagnale, who has been staying a step ahead of the feds, finally grows irritated and fatigued. Not because they are particularly skilled in their hunting, nor because they are getting closer, but simply because they won’t give up. In a fit of pique, he blurts into the phone, “Stop chasing me!” On the other end, the dogged, bureaucratic Treasury agent, Carl Hanratty, answers, “I can’t stop. It’s my job.”

Ultimately, this is why many people who have been involved in such matters believe Snowden will be caught. Because no matter how much he may love sticking it to the U.S. government and waving the banner of truth, justice, and freedom of speech, that mission will prove largely unsustainable without serious fundraisers, organizers and dedicated allies working on his behalf for a long time.

They’ll have to make Edward Snowden their living, because those who are chasing him already have. Government agents will be paid every minute of every day for as long as it takes. Seasons may change and years may pass, but the odds say that one morning, he’ll look out of a window, go for a walk or stop for a cup of coffee, and the trap will spring shut. It will be almost like a movie.

Posted on July 22, 2013 at 1:04 PM • View Comments

US Department of Defense Censors Snowden Story

The US Department of Defense is blocking sites that are reporting about the Snowden documents. I presume they’re not censoring sites that are smearing him personally. Note that the DoD is only blocking those sites on its own network, not on the Internet at large. The blocking is being done by automatic filters, presumably the same ones used to block porn or other sites it deems inappropriate.

Anyone know if my blog is being censored? I’m kinda curious.

Posted on July 3, 2013 at 6:02 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.