Category Archives: Civil Liberties

The Regularity of Evil

Read Jennifer Granick’s account of My Dinner With NSA Director Keith Alexander.

The two most striking things were, first, that General Alexander — the head of one of our biggest intelligence agencies — can’t even conceive that a member of the establishment might be to the left of Senator Wyden. Any world view that puts Senator Wyden as the leftmost pole of legitimate domestic politics is seriously impoverished, maybe dangerous.

Second, there’s the clash of cultures: “trust us” (from a body proven again and again and again to grossly mislead) verses the lawyer’s view of ‘if men were Angels‘.

Posted in Civil Liberties, Law: Privacy | 15 Comments

A Grim Top 10 List

Juan Cole’s Top Ten American Steps toward a Police State.

The amazing thing is that the war on photography didn’t even make the list, and it’s hard to see which item it should have displaced.

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Obama 2013 vs. Biden 2006 on NSA Data-Collection

Biden looks awfully good compared to Obama here.

Posted in Civil Liberties | 2 Comments

The Wages of Allowing Federal Spying on Your Customers

Thousands of technology, finance and manufacturing companies are working closely with U.S. national security agencies, providing sensitive information and in return receiving benefits that include access to classified intelligence, four people familiar with the process said.

— according to Bloomberg, U.S. Agencies Said to Swap Data With Thousands of Firms.

Turns out what the firms are getting is not data on customers — nor in the main is that what they are giving. Rather the firms are giving advance info on vulnerabilities in their systems that could be used to by the TLA’s 1 to get information from vulnerable systems. Plus some of the firms are allowing the feds to install monitoring equipment on their networks, ostensibly to protect against hacking, but in at least some cases with the ability to spy on message traffic.

In exchange, the firms are getting information about who, especially from abroad, is trying to hack them, and some help and advice on defending themselves.

I have no problem with the feds helping US corporations defend themselves against foreign (or domestic) hackers. I do have a problem if the price of that defense is allowing the feds access to customer data.

My first instinct is that I wouldn’t have a problem with firms like Microsoft giving advance warning about vulnerabilities to the feds — whether it is so they can harden their own systems or even if it is so they can take advantage offensively to hack into foreign targets. I would feel that way, however, only so long as I believed the program had adequate safeguards to prevent its misuse against US persons, whether at home or abroad. And, unfortunately, there is no particular reason to believe that to be the case. There is at present a lack of accountability.

  1. TLA == Three Letter Agencies[]
Posted in Civil Liberties, Law: Privacy | 1 Comment

A Georgian Grandmother’s Take on the TSA

A student I know writes,

My grandmother and I have a unique relationship. We talk about the usual family gossip, but we really get into it when we talk about politics. Why is this unique? Because my grandmother is in her eighties and she lives in Tbilisi, Georgia. Having spent my formative years in the U.S., I make sure to tell her of the liberties that I take for granted that she did not have for the majority of her life in Communist Russia. I tell her that I could support any candidate running for office without fear of retribution from the sitting party (or can I?). Unlike her, I don’t have to fear being audited by the KGB if I support the opposing party (or do I?) (OK maybe I am safe from the KGB). Unlike her, I could become a journalist and try to uncover the truth without fear of being investigated for criminal conspiracy (or can I?). Unlike her, I could rely on my government to tell me the truth about what is going on in the world (or can I?). Unlike her, I am protected by the Constitution to say what I want without being punished (or am I?).

My grandmother does not like being told that she is missing out on these basic liberties by not being in the U.S. (or is she?). Recently, my grandmother visited us in the U.S., and then she visited some family in Israel. She told me about her experience at JFK International Airport. She told me how she was patted down. She told me how she had to stand for what felt like hours (Georgians tend to exaggerate) waiting for the honor to be patted down. She told me how strangers rummaged through her bags. She told me how the TSA threw out her water bottle and how she had to buy another one inside the airport for $3 so she can take her medicine. She told me how rude the TSA agents were to her. She told me how hard it was for her to remove her shoes and then she told me how frustrated she was when she found out she did not have to. I tried to tell her that this is the price we all pay to make sure we have a safe society.

She knew I was going to say that. That’s when she told me about her experience flying to the U.S. and flying from Israel back home. She told me that she was treated with respect and sensitivity. She told me that there were no pat downs, no waiting, no shoe drama, no bag drama, and no “administrative” searches and seizures. I told her it sounds like the security at those airports is lacking. She was not having it. She said there have been no terrorist attacks from those airports and she did research (research-really?) and in fact those airports are safer than their U.S. counterparts. I was stumbling. She was just getting warmed up. Then she went for the jugular. She asked me, oh by the way, whose society is really free?

I realized that in Russia the government knows what you have before you get to the airport so there is no reason for the authorities to scrutinize low-risk passengers. In Israel, law enforcement could track people suspected of terrorism and some form of profiling is prevalent at Ben-Gurion Airport so again there is no need to burden the elderly. However, the U.S. does not use as much profiling nor can the authorities track people’s movements without some kind of judicial oversight. This is the upshot of the discrepancy between how my grandmother was treated at the three airports. My grandmother said she agreed with me and she added that she does not mind being tracked or profiled as long as she can have her dignity and her water while she is traveling.

I asked her if I could write about our exchange. She said sure, but she warned me against using my name. (She said I could use hers, but it’s probably not a good idea because that’s too easy to track. I better listen to her — she has more experience with this stuff.)

Myself, I’d rather undergo some difficulties at the airport rather than live in a surveillance state, but this either goes to show that tastes vary, or that tastes in what counts as freedom are to some extent defined by culture and expectations. Of course, there’s always the possibility that we may end up with both the surveillance and the TSA.

Previously: I write about my grandmother — names and all — in “Rose Burawoy, Political Scientist”.

Posted in Civil Liberties, Law: Right to Travel | 6 Comments

EFF Takes a Victory Lap in Sunshine Week

Part one of Sunshine Week: A Round-up of EFF’s Year in Transparency is a reminder why the Electronic Frontier Foundation is so great. More parts to come all week:

This week, EFF once again joins a coalition of national and local transparency and press organizations in celebrating Sunshine Week as a way to bring attention to the importance of public records and the need to remain vigilant despite government push-back.

Forty-seven years ago, President Lyndon B. Johnson signed the Freedom of Information Act (FOIA) into law, giving the public the right to access records pertaining to government activities. Pronounced “foy-yah” by those who regularly employ it, the law serves as a sort of citizen subpoena process; if you ask for a record that doesn’t fall under a confidentiality exemption, the government has to produce it.

Each day this week, EFF will be sharing details about our efforts to hold the government accountable using this crucial tool, including our successes and challenges. To kick it all off, here’s a breakdown of our greatest transparency hits since the last time Sunshine Week rolled around.

OBDisclosure: I am proud to be a member of EFF’s Advisory Board.

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