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[Commentary] Privacy is not the only definition of individual freedom. But freedom cannot exist in a world where search and seizure without suspicion or probable cause does. Freedom is merely a word, and its definition a putrid joke in a world where a life’s history—encoded in DNA alleles or via Internet or telephone communications—resides forever in a vast government database.
Last week visited upon the country the latest, but by no means the first, examples of ever-expanding government powers to collect data on innocents and keep it for extended periods of time and on the government’s terms. One example was surveillance. The other was in obtaining DNA swabs from arrestees. The first example raised considerable alarms. The second did not. Make no mistake, both are a threat to individual freedom, and both will feed the coming Storage Wars. Those wars will be fought over definitional American legal terrain—what that is uniquely yours belongs to you, and what belongs to the government for how long and why.
Analysis: Government’s Vast Lockers of data Threaten Basic Individual Freedoms
The revelation that the National Security Agency is collecting our phone records has generated considerable outrage, but phone call metadata is just the beginning of what our nation’s spooks could gather from our mobile carriers if they put their minds and resources to the task. The carriers don’t just know whom we are calling, when and where. They have the infrastructure in place that allows them to track the websites we visit and the applications we use on our phones and tablets. They know all of this because it’s their job to know. When our phones connect to the internet they don’t just magically grok with Google or Facebook. That data is routed through carrier network cores, where packet-sniffing, traffic-shaping, and content optimization engines lie in wait. And — at least in the past — they’ve actually put such monitoring software directly onto our phones (more on that in a bit).
The NSA could collect far more than your phone records from mobile operators
Sen Rand Paul (R-KY) is itching to challenge the constitutionality of the National Security Agency’s surveillance practices before the U.S. Supreme Court, and the American Civil Liberties Union has already filed such a suit. Justice Sonia Sotomayor might be glad to see them both there.
Specifically, Sen Paul has pledged to spearhead a class-action lawsuit against the NSA on behalf of the millions of Americans whose phone and Internet activity logs have been vacuumed up under sweeping Patriot Act orders for “business records.” Yet the NSA program’s defenders insist it’s entirely legal -- that the Constitution doesn’t even protect these records, making any court challenge a nonstarter. The terrifying thing is they may be right, which means we need to seriously rethink how the Fourth Amendment works in the 21st century. This isn’t to say that the bulk surveillance on the scale we have been hearing about is currently lawful under federal statute.
How Rand Paul Can Take On the NSA
The United States government has been hacking into computers in China and Hong Kong for years, former government contractor Edward Snowden told the South China Morning Post.
Snowden said the National Security Agency has carried out hacking attacks against nonmilitary targets since 2009, with the newspaper citing "unverified documents." He said the targets of these attacks included Chinese university and public officials, businesses and students. Snowden believes there are "hundreds" of NSA hacking targets based in Hong Kong and mainland China, and there are more than 61,000 hacking operations worldwide, according to the Post's report. “We hack network backbones – like huge internet routers, basically – that give us access to the communications of hundreds of thousands of computers without having to hack every single one,” said Snowden.
NSA leaker: US hacking computer systems in China, Hong Kong Snowden: NSA Has Been Snooping on China Since 2009 (National Journal)
The man who claimed to leak state secrets on U.S. government eavesdropping sought to break the story through a columnist for a U.K.-based publication who has made no secret of his distaste for intrusions on privacy.
Edward Snowden brought his information first to Glenn Greenwald of The Guardian, illustrating the passion an opinion-driven journalist can bring to a breaking news story at the same time it raises questions about fairness. Greenwald, author of three books in which he argues the government has trampled on personal rights in the name of protecting national security, wrote the original stories exposing the extent of the government's data collection. Over the weekend, he identified intelligence contractor Snowden as his source at Snowden's request, and said more stories are coming.
No mistaking how NSA story reporter feels
US critical infrastructure - which ranges from telecommunications to water to energy supplies - is not well prepared to handle a destructive cyberattack, the top U.S. general in charge of cybersecurity said.
"On a scale of one to 10, with 10 being strongly defended, our critical infrastructure's preparedness to withstand a destructive cyberattack is about a three based on my experience," Alexander, also in charge of the U.S. military's Cyber Command, wrote in the statement prepared for the Senate Appropriations Committee for a hearing on cybersecurity. Alexander said it was vital to have a strong Defense Department role in cyberspace in light of what he called real and growing threats.
NSA chief says U.S. infrastructure highly vulnerable to cyber attack
Edward Snowden isn’t just a nightmare for the National Security Agency. He also epitomizes a little-mentioned but intense ongoing fear of corporate America — that any lone renegade among millions of trustworthy employees could abuse access to private customer data for idealistic or villainous purposes.
“At our company, nobody has any idea exactly who has what access,” an information technology specialist for a major bank told POLITICO. “There are safeguards, but by the time anyone knows what someone’s done, the violator could be off to Hong Kong with Brad Pitt’s credit card statements and sell them to TMZ. It’s easier to imagine it than it is to fully prevent it.”
The Snowden effect: Fear in corporate America
Following revelations about the federal government’s surveillance programs, the director of the Federal Bureau of Investigation will tell a House Judiciary panel June 13 that law enforcement must stay “a step ahead of criminals and terrorists” while still heeding Americans’ civil liberties.
FBI Director Robert Mueller doesn’t address the National Security Agency programs directly, but his written testimony for a previously-scheduled oversight hearing is all the more relevant in the wake of last week’s news. Some critics are unlikely to find harmony between Mueller’s comments and the government’s activities. “Following the rule of law and upholding civil liberties and civil rights make all of us safer and stronger,” Mueller says in prepared testimony. “In the end, we will be judged not only by our ability to keep Americans safe from crime and terrorism, but also by whether we safeguard the liberties for which we are fighting and maintain the trust of the American people.”
Mueller: FBI must stay ‘a step ahead,’ maintain civil liberties
The EU's Justice Commissioner has written to the US attorney general, questioning him about America's data surveillance program, Prism. Viviane Reding wrote that she was concerned America's efforts "could have grave adverse consequences for the fundamental rights of EU citizens". A series of leaks suggest major tech firms have passed information to the National Security Agency, the US government's snooping organization.
European Commission demands answers about Prism data requests
A special committee of Clearwire's board is planning to push back a June 13 shareholder vote and recommend the full board endorse a tender offer from Dish Network, according to a person familiar with the situation, a move that would shun an earlier takeover agreement with majority owner Sprint Nextel.
Despite the expected endorsement, the struggle for control of the mobile broadband provider is likely to continue amid a clash between Sprint and Dish over whether Clearwire can grant certain governance rights to Dish as part of its tender offer. Given Sprint's stake, Dish is seeking to become a major minority shareholder in Clearwire. It wasn't immediately clear how, or if, the Clearwire committee had interpreted the governance dispute. A Clearwire spokeswoman declined to comment Wednesday beyond an earlier statement that the board and committee are continuing their review.
Clearwire Committee to Back Dish's Offer, Delay Sprint Vote