What would you say about a country with an unaccountable, secret police force? A secret police force that spies on its own citizens – all of them – under the guise of “searching for terrorists”? A police force unburdened by the Rule of Law in its own country. A police force that uses financial coercion and physical intimidation in order to bully non-State actors into complying with their (illegal, if the Rule of Law is in effect) activities. A police force that is answerable only to the Executive, and an Executive who does not feel the Rule of Law applies to him at that? Is it the KGB? Is it the Gestapo? The whatever it is the Chinese are using these days?
Possibly. But it’s also certainly our own NSA.
In addition, the agency suggested that Qwest’s foot-dragging might affect its ability to get future classified work with the government. Like other big telecommunications companies, Qwest already had classified contracts and hoped to get more.
Unable to get comfortable with what NSA was proposing, Qwest’s lawyers asked NSA to take its proposal to the FISA court. According to the sources, the agency refused.
The NSA’s explanation did little to satisfy Qwest’s lawyers. “They told (Qwest) they didn’t want to do that because FISA might not agree with them,” one person recalled. For similar reasons, this person said, NSA rejected Qwest’s suggestion of getting a letter of authorization from the U.S. attorney general’s office. A second person confirmed this version of events.
So, kudos to Qwest, for being the only telecomm to refuse to comply with the NSA’s illegal requests absent a court order. If you can switch, by all means do so. Or better still, Working Assets, the only telecommunications company to sign on with the ACLU to stop the illegal wiretapping of US Citizens.
Not to put too fine a point on it, but what the NSA is doing is collecting an immense database of the behaviors and activities of American citizens. Without a warrant. Without probable cause. Outside of the law. This is a shadowy group that even the CIA lifers think are right wing. A group completely amoral, devoted to black ops, and in favor of authoritarianism at every step of the way.
If anyone imagines for even one second that the data the NSA is collecting here is not going to be used or already used for such things as domestic spying, intimidation of protest groups, disruption of reporters who may be investigating actions embarassing to the administration, exposing whistleblowers and the like, then I’ve got a bridge to sell you.
Remember, at first they said they didn’t spy. Then they said they spied only with court approval. Then they said they spied only on international calls, not your calls to your girlfriend or your parents or your fellow little league coaches. And now, they’re spying on we domestic citizens. Outside of the Rule of Law, with no legal authority outside of an authoritarian state.
At each new revelation, the 101st Fighting Keyboarders said if you didn’t like what was happening, you loved the terrorists. At each step, they gave tortured justifications or credulously believed the administrations patently absurd legal justifications. At each step, these cowardly bedwetters begged for the paternalistic administration to come tuck them in and save them from the bad people. Well, now they’ve met the bad people, and the bad people wear US Government ID cards.
See also, Greenwald, Glenn. Side note: I can see Glenn’s point that the Constitutional and legal issues aren’t exactly bright lines here (primarily resting on privacy grounds, as in lack thereof in PEN registers), but I think the burden is upon the administration to prove the legality of monitoring citizen activities, using coercion against businesses, and essentialing Taking corporate assets for government use. I should point out that, legally speaking, I think the Constitutional issues are probably non-starters, but that statutory issues are almost ironclad in prohibiting the NSA’s actions here. I’ll try to remember to look up the USC sections later.
Further questions I have:
1) internet – are they tracking our browsing/usage behavior? Are they capturing emails? For those of you not already using encryption such as PGP or GnuPG, ferchrissake, what the hell are you waiting for? For those of you not using Tor, what are you waiting for?
2) VOIP too? If yes to internet, then yes to VOIP.
This may not be the America that I knew, but going forward anyone who contacts me should be under the assumption that the communication is monitored and possibly able to be read if in text format.
… Unless you use encryption. Which is both useful and necessary for our privacy. It’s also super easy to use and install. I’m tired of trying to get people to use encryption. You may be forcing my hand here, but by FSM, I’m going to start encrypting everything I send and if the recipients can’t figure it out… tough. My public key is linked to at the bottom of every page on this site. GnuPG + enigmail (two plugins for Thunderbird). All of this is Open and Free. Learn it, live it, love it.
Tor is the other leg to the encryption side. If your packets aren’t encrypted, they can read them. If they are, they can still do packet analysis to see where you are going. Tor eliminates the packet analysis leg. Use it. If you have spare bandwidth, please donate that as well.
Remember the right wing saying how if guns are outlawed, then only outlaws will have guns? Well, if my government suspects me of being a criminal, then only my government is suspect.
Update: the telcos could be liable for many billions in damages (see also: ACSBlog). Now, who wants to be the first attorney to form a class for a Class Action?