Tag Archives: Edward Snowden

U.S. Government Sues Snowden Over Memoir Release

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The U.S. government took swift legal action against famed NSA whistleblower Edward Snowden after the release of his memoir, “Permanent Record.”

The government’s complaint, filed September 17th, alleges that Snowden, a former CIA employee and former contractor for the NSA, violated non-disclosure agreements with the NSA and CIA by publishing his book without first submitting it for prepublication review “in violation of his express obligations under the agreements he signed.” The government also claims that Snowden has violated NDAs by giving speeches without first providing materials for prepublication review. The book’s publishers are also named in the lawsuit.

The lawsuit does not seek a halt in publication, but it argues that all profits from “Permanent Record” belong to the government.

“Intelligence information should protect our nation, not provide personal profit,” G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, said in a statement. “This lawsuit will ensure that Edward Snowden receives no monetary benefits from breaching the trust placed in him.”

The ACLU responded to the suit criticizing the prepublication review, claiming that it’s “a process that prohibits millions of former intelligence-agency employees and military personnel from writing or speaking about topics related to their government service without first obtaining government approval.”

“This book contains no government secrets that have not been previously published by respected news organizations. Had Mr. Snowden believed that the government would review his book in good faith, he would have submitted it for review. But the government continues to insist that facts that are known and discussed throughout the world are still somehow classified,” said Ben Wizner, an attorney for Snowden.

Snowden himself responded via Twitter that “It is hard to think of a greater stamp of authenticity than the US government filing a lawsuit claiming your book is so truthful that it was literally against the law to write.”

Snowden also wrote that “the very book the government does not want you to read just became the #1 best-selling book in the world.”

“Permanent Record” is available to purchase by clicking here.

Five Years After Snowden, Michigan Set to Be First State to Impede NSA’s Warrantless Surveillance

On the heels of the fifth anniversary of whistleblower Edward Snowden’s disclosure of classified National Security Agency (NSA) documents to journalists, one state legislature has recently taken steps to hold the government agency accountable for its warrantless surveillance programs by making it illegal for state and local governments, including law enforcement and public utilities, to support the NSA’s warrantless spying on American citizens.

According to Michigan’s Fourth Amendment Rights Protection Act, also known as Public Act 71 of 2018, state and local governments can only assist or provide support to the federal government’s collection of data if there is a search warrant or the informed consent of the targeted party. The bill is set to take effect in just a few weeks on June 17th.

While the NSA has no publicly disclosed facility in the state, the bill’s proponents have asserted that it sends a clear message to the federal government regarding the lack of popularity for its warrantless wiretapping of millions of Americans in violation of the legal protections granted to them by the Constitution.

“It hangs up a sign on Michigan’s door saying, ‘No violation of the Fourth Amendment, look elsewhere’,” said Republican state Rep. Martin Howrylak, the bill’s author, according to the Washington Examiner. “Democrats as well as Republicans would certainly stand very strong in our position on what this law means.”

“This new law guarantees no state resources will be used to help the federal government execute mass warrantless surveillance programs that violate the Fourth Amendment protections enshrined in the U.S. Constitution,” Howrylak said soon after the bill was first passed earlier this year in March.

“Michigan will not assist the federal government with any data collection unless it is consistent with the constitution,” he added.

The Michigan law seeking to condemn the NSA’s most controversial program is not the first of its kind. However, it is the first to have been passed successfully without having been  subsequently watered down. For instance, in 2014, state lawmakers in Maryland sought to shut off power and water to NSA headquarters but many of its sponsors dropped their support of the bill after a powerful political backlash. A similar bill was floated in Utah’s state legislature at the same time, but went nowhere after it was rejected by the state’s governor.

“It hangs up a sign on Michigan’s door saying, ‘No violation of the Fourth Amendment, look elsewhere.'”

The only state to have passed a bill similar to Michigan’s is California, which passed the Fourth Amendment Protection Act in 2014. However, that piece of legislation protects the Fourth Amendment in name only as it bans local assistance “in response to a request from a federal agency” and “if the state has actual knowledge that the request constitutes an illegal or unconstitutional collection.”

Despite the efforts being made by state legislatures to restore the Fourth Amendment, such efforts have been largely absent at the national level in recent years. Earlier this year, in January, Congress voted to extend the government’s warrantless surveillance of American citizens for another six years. However, Congress’ reauthorization of the program was more than a mere extension of the program as it actually helped expand the NSA’s authority by codifying some of the more controversial aspects of the program, suggesting that interest in protecting and restoring the Constitution is largely found at the state and local levels of government.

Edward Snowden Does Not Think “Bitcoin will Last Forever”

(Dash Force News) The famous NSA whistle blower, Edward Snowden, thinks Bitcoin’s open and public ledger will ultimately be the downfall of Bitcoin.

Snowden said that “[e]verbody is focused on the transaction rate limitations of bitcoin being its central flaw, and that is a major one, but … the long-lasting flaw, is its public ledger”. Snowden elaborated that “you cannot have a lifelong history of everyone’s purchases” because it does not “work out well at scale.” Snowden admitted that Bitcoin will still have an “enduring value for a long time”, but that the core development team needs to improve their rate of development or they will not be able to compete.

Snowden hinted that he once used Bitcoin to hide his identity when he revealed privacy abuse by the NSA including the NSA spying on Bitcoin users. However, Snowden now prefers Zcash since its techniques to encrypt blockchain data was developed by academic cryptographers.

Quest for privacy

Snowden’s NSA revelations revealed how much governments spy on their own citizens and the importance of privacy. Bitcoin was initially believed to be extremely private because each user was only identifiable via their wallet address, which was a string of cryptographic characters. However, governments eventually developed methods to leverage Bitcoin’s public ledger to track and identify Bitcoin users, which made Bitcoin only psudo-private. As a solution, more cryptocurrencies began to emerge that met the demands for greater privacy and made it much harder to track users.

Snowden prefers Zcash, but Monero is also a major privacy centered cryptocurrency. These coins have seen rapid increases in their price over the past year, which a portion of can be attributed to the demand for privacy centered coins. This demonstrates that there is a demand not only for sound money separate from the current monetary/financial system, but also money that grants more privacy. It has also been shown, contrary to popular belief, the demand for private cryptocurrencies is not primarily for criminal activities. This supports Snowden’s comments that more private cryptocurrencies will win the long term cryptocurrency competition because of the popular and legal demand.

Dash provides a unique risk hedge since it can do both

The advantage of Dash is that its blockchain is structured both as a pseudo-private layer like Bitcoin and as a private layer via PrivateSend. These features allows consumers to have both options within one cryptocurrency without having to initiate an exchange. This dual-feature also adds to the argument that criminal activity is minimal since Dash is being used simultaneously by people who seek privacy and people who use the public ledger. The combination of these features makes Dash a unique risk hedge within the cryptocurrency space.

Whether public or private ledgers win in the crypto marketplace, Dash will occupy both spaces. As governments attempt to regulate privacy-centered cryptocurrencies, Dash provides a solid defense, with its wide reaching legal and open marketplaces, against many potential arguments of criminal activity. Dash is able to add sustainable privacy to its repertoire of providing sound money alternatives to the current financial and monetary system.

 

Written by:  Justin Szilard

Snowden Explains Deep State’s Influence on Presidents Obama, Trump

Famed whistleblower Edward Snowden was recently interviewed by Italian publication La Repubblic. The publication noted the 5-year mark of Snowden’s historic act of blowing the whistle on the NSA’s expansive surveillance programs and that “many thought he would end up very badly, but when he connects via videolink for this interview with la Repubblica, he seems to be doing very well: the frank smile and peaceful face of someone who is easy in his mind.”

In an excerpt from the exclusive interview, Snowden explained how the presidencies of both Obama and Trump are shaped by the Deep State following an illuminating question by journalist Stefania Maurizi.

Stefania Maurizi: We saw that President Obama, who was an outsider to the US military-intelligence complex, initially wanted to reign in the abuses of agencies like the CIA and the NSA, but in the end he did very little. Now we see a confrontation between president Trump and so-called Deep State, which includes the CIA and the NSA. Can a US president govern in opposition to such powerful entities?

Edward Snowden: Obama is certainly an instructive case. This is a president who campaigned on a platform of ending warrantless wiretapping in the United States, he said “that’s not who we are, that’s not what we do,” and once he became the president, he expanded the program.  He said he was going to close Guantanamo but he kept it open, he said he was going to limit extrajudicial killings and drone strikes that has been so routine in the Bush years. But Obama went on to authorize vastly more drone strikes than Bush. It became an industry.

As for this idea that there is a Deep State, now the Deep State is not just the intelligence agencies, it is really a way of referring to the career bureaucracy of government. These are officials who sit in powerful positions, who don’t leave when presidents do, who watch presidents come and go, they influence policy, they influence presidents and say: this is what we have always done, this is what we must do, and if you don’t do this, people will die.

It is very easy to persuade a new president who comes in, who has never had these powers, but has always wanted this job and wants very, very badly to do that job well. A bureaucrat sitting there for the last twenty years says: I understand what you said, I respect your principles, but if you do what you promised, people will die. It is very easy for a president to go: well, for now, I am going to set this controversy to the side, I’m going to take your advice, let you guys decide how these things should be done, and then I will revisit it, when I have a little more experience, maybe in a few months, maybe in a few years, but then they never do.

This is what we saw quite clearly happen in the case of Barack Obama: when this story [of Snowden exposing the NSA’s mass surveillance] came forward in 2013, when Obama had been president for five years, one of the defences for this from his aides and political allies was: oh, Obama was just about to fix this problem!  And sure enough, he eventually was forced from the wave of criticism to make some limited reforms, but he did not go far enough to end all of the programs that were in violation of the law or the constitution of the United States. That too was an intentional choice: he could have certainly used the scandal to advocate for all of the changes that he had campaigned on, to deliver on all of his promises, but in those five years he had become president, he discovered something else, which is that there are benefits from having very powerful intelligence agencies, there are benefits from having these career bureaucrats on your side, using their spider web over government for your benefit.

[RELATED: Snowden Documents: NSA Worked to Track Bitcoin Users]

Imagine you are Barack Obama, and you realise – yes, when you were campaigning you were saying: spying on people without a warrant is a problem, but then you realise: you can read Angela Merkel’s text messages. Why bother calling her and asking her opinion, when you can just read her mind by breaking the law? It sounds like a joke, but it is a very seductive thing. Secrecy is perhaps the most corrupting of all government powers, because it takes public officials and divorces them from accountability to the public.

When we look at the case of Trump, who is perhaps the worst of politicians, we see the same dynamic occurring. This is a president who said the CIA is the enemy, it’s like Nazi Germany, they’re listening to his phone calls, and all of these other things, some claims which are true, some claims which are absolutely not.  A few months later, he is authorizing major powers for these same agencies that he has called his enemies.

And this gets to the central crux of your question, which is: can any president oppose this?  The answer is certainly. The president has to have some familiarity going in with the fact that this pitch is going to be made, that they are going to try to scare him or her into compliance. The president has to be willing to stand strongly on line and say: ‘I was elected to represent the interests of the American people, and if you’re not willing to respect the constitution and our rights, I will disband your agency, and create a new one’. I think they can definitely be forced into compliance, because these officials fear prison, just like every one of us.

Snowden Documents: NSA Worked to Track Bitcoin Users

A new report from The Intercept reveals that the National Security Agency has been able to track users of the popular cryptocurrency Bitcoin since at least 2013. The revelation is detailed in newly released classified documented obtained by whistleblower Edward Snowden and provided to the The Intercept. The documents show the agency accessing the fiber-optic cables which allow internet traffic to travel around the world in order to gain access to private information of bitcoin users.

The Intercept reported:

“Classified documents provided by whistleblower Edward Snowden show that the National Security Agency indeed worked urgently to target Bitcoin users around the world — and wielded at least one mysterious source of information to “help track down senders and receivers of Bitcoins,” according to a top-secret passage in an internal NSA report dating to March 2013. The data source appears to have leveraged the NSA’s ability to harvest and analyze raw, global internet traffic while also exploiting an unnamed software program that purported to offer anonymity to users, according to other documents.”

An internal NSA report from March 15, 2013 stated that the agency was interested in monitoring traffic for other cryptos; however, “Bitcoin is #1 priority”. Another memo from March 29, 2013 indicated that the NSA collected users’ passwords, internet history, and a unique device identification number known as a MAC address. The memo suggests analysts were also tracking internet users’ internet addresses, network ports, and timestamps. The documents also indicate the use of the NSA’s powerful internal search engine, XKeyScore.

“As of 2013, the NSA’s Bitcoin tracking was achieved through program code-named OAKSTAR, a collection of covert corporate partnerships enabling the agency to monitor communications, including by harvesting internet data as it traveled along fiber optic cables that undergird the internet,” The Intercept wrote. The NSA used a sub-program of OAKSTAR – known as MONKEYROCKET – to gather data from the
Middle East, Europe, South America, and Asia.

MONKEYROCKET is also apparently falsely promoted to the public as a tool for anonymity. The documents describe MONKEYROCKET as a “non-Western Internet anonymization service” with a “significant user base” in Iran and China. One document notes that the goal of MONKEYROCKET was to “attract targets engaged in terrorism, [including] Al Qaida” to use the “browsing product,” which “the NSA can then exploit.”  This is known as a honey pot in computer security. The NSA deceives users into believing they are secure and anonymous and then uses the program to track the activities of users. The documents do not clarify what type of program or software MONKEYROCKET actually is, but the description aligns with a virtual private network, or VPN, which is designed to encrypt and mask internet traffic.

Matthew Green, assistant professor at the Johns Hopkins University Information Security Institute, told The Intercept that the revelations are “bad news for privacy.” Green also said he is “pretty skeptical” that using Tor, the popular browser which promises anonymity, could escape the eyes and ears of the NSA. Green’s comments are bolstered by recently released documents which indicate that the TOR project is nearly entirely funded by agencies with connections to the U.S. government.

Another disturbing aspect of the latest Snowden revelation is the possibility that this program may have been used to illegally gather information in the Silk Road trial. In that trial, Ross Ulbricht was sentenced to three life sentences after the court was convinced he was the accused mastermind who created the Silk Road website which allowed drugs to be purchased using Bitcoin. Ulbricht’s attorneys attempted to have the charges thrown out throughout his trial because they believed the U.S. government had illegally obtained access to Ulbricht’s computers and property. The judge overruled such objections, and the entire premise was dismissed as a conspiracy. The Intercept noted that “although the documents leaked by Snowden do not address whether the NSA aided the FBI’s Silk Road investigation, they show the agency working to unmask Bitcoin users about six months before Ulbricht was arrested.”

These new documents show that the NSA had access to Bitcoin users around the world around the same time that Ulbricht’s case was heating up, pointing to plausibility that the NSA used this program (or another still secret tool) go gain access to the private documents of Ross Ulbricht. The question remains as to how many other Bitcoin and cryptocurrency users’ information was accessed by the NSA or other agencies of the U.S. government. Until there is a transparent investigation with subpoena power that looks into the hidden activities of the NSA and other intelligence agencies, the American public remains in the dark regarding the depth and nature of the American surveillance state.

NSA’s SKYNET Program May Be Killing Innocent People

In 2015, The Intercept published documents from whistleblower Edward Snowden which detailed the National Security Agency’s SKYNET program. These documents detail how SKYNET engages in mass surveillance of Pakistan’s wireless network, and then uses an algorithm on the cell network metadata in an attempt to rate every member of the population regarding their likelihood of being a terrorist.

Patrick Ball, a data scientist and the director of research at the Human Rights Data Analysis Group, is now stating that he believes a flaw in how the NSA trains SKYNET’s algorithm could be leading to mistakes and improper surveillance. Ball has provided testimony for war crimes tribunals in the past, and he told Ars Technica that the NSA’s methods are “completely bullshit” and called the algorithm scientifically unsound.

Ars Technica reported:

“Somewhere between 2,500 and 4,000 people have been killed by drone strikes in Pakistan since 2004, and most of them were classified by the US government as ‘extremists,’ the Bureau of Investigative Journalism reported. Based on the classification date of ‘20070108’ on one of the SKYNET slide decks (which themselves appear to date from 2011 and 2012), the machine learning program may have been in development as early as 2007.”

Based on Ball’s assessment, it is likely that thousands of innocent people in Pakistan may have been labelled as terrorists and possibly murdered based on the “scientifically unsound” algorithm that SKYNET employs.

SKYNET operates by collecting and storing metadata on the NSA cloud servers before extracting “relevant information” and then using the algorithm to determine possible leads for targeted assassination. These assassinations may be carried out by the “Find-Fix-Finish” strategy implementing Predator drones or “on-the-ground death squads.

SKYNET’s analysis of metadata likely provides the program with details about people who may travel and sleep together, visits to other countries, and contact information. The slides released by Snowden reveal that the NSA machine learning algorithm uses more than 80 different categories to rate people as possible terrorists.

One large problem is that SKYNET relies on the user to provide the machine with examples of “known terrorists” in order to teach the algorithm to look for similar qualities. Ars Technica noted that since most terrorists are unlikely to take a survey from the NSA, the agency relies on possibly faulty indicators of what a terrorist’s behavior will look like. SKYNET’s algorithm analyzes metadata and compares that against a “known terrorist” and then produces a threat score for each individual.

But what happens if the algorithm makes a mistake?

“If they are using the same records to train the model as they are using to test the model, their assessment of the fit is completely bullshit,” says Patrick Ball. “The usual practice is to hold some of the data out of the training process so that the test includes records the model has never seen before. Without this step, their classification fit assessment is ridiculously optimistic.”

The reality is that as long as the people of the United States allow agencies of the U.S. government to operate largely in secret, we will never know what type of programs and criteria are used to judge and analyze our behavior. How long will it be before SKYNET applies its algorithm to the American people?

Documents: CIA Flew ‘Rendition Flight’ in Attempt to Capture Edward Snowden

The U.S. Central Intelligence Agency flew a “rendition flight” in an attempt to detain National Security Agency whistleblower Edward Snowden, according to documents released by the Danish news outlet Denfri.dk.

While the documents, which were obtained by Denfri after the organization filed a Freedom of Information Act suit in August 2015, were heavily redacted, they confirmed that the Copenhagen airport was used to hold an American rendition plane in June 2013.

Denfri applied for access to the documents in August 2015, after a Gulfstream V with registration number N977GA was reportedly spotted flying over Scotland to Copenhagen.

The Register noted that the secret U.S. government jet” was previously used by the CIA for “rendition flights on which terror suspects disappeared into invisible ‘black’ imprisonment.”

The CIA’s reported attempt to capture Snowden occurred in the same month that the former NSA contractor was granted political asylum in Moscow, Russia, after he revealed that the NSA was collecting bulk metadata from American citizens.

Although access to many of the documents were denied, CPH Post reported that the released documents “confirm that the Gulfstream aircraft used Danish airspace and landed at Kastrup,” and included “an overflying and landing permission for a USA state flight.”

RT reported that the documents also contained a batch of heavily redacted emails indicating communications between senior officials in Denmark’s police, Foreign Ministry and Justice Ministry,” with messages from Anders Herping Nielsen, an official who is responsible for determining the extradition of individuals for trial in foreign countries.

The Post also claimed that in an email to Denfri, the Justice Ministry explained the heavily redacting documents by writing, “Denmark’s relationship with the USA would be damaged if the information becomes public knowledge.”

WikiLeaks posted a link to a report on the documents, noting that both Scotland and Denmark were used for a “U.S. failed Edward Snowden rendition flight mission”

Snowden chimed in on Twitter, writing, “Remember when the PM Rasmussen said Denmark shouldn’t respect asylum law in my case? Turns out he had a secret.”

 

NSA Metadata Collection Has Come To An ‘Official End’

WASHINGTON, November 30, 2015– When the clock struck 12:00 AM on Thanksgiving weekend’s Sunday morning, the National Security Agency (NSA) was forced to end virtually all metadata collection of phone calls made in the United States. Key word: virtually.

In June, Congress passed the USA Freedom Act, which was signed by President Obama. The legislation vested the responsibility of data collection and storage with telecom companies, rather than a government agency.

Still, on both sides of the issue, some remain skeptics of the USA Freedom Act.

Judge Andrew Napolitano says nothing substantial has changed and that claims made by politicians that a ‘court order’ is needed under the USA Freedom Act, whereas one was not previously required, are misleading.

“When politicians tell you that the NSA needs a court order in order to listen to your phone calls or read your emails, they are talking about a FISA court order that is based on government need- not a constitutional court order, which can only be based on probable cause,” said Napolitano. “This is an insidious and unconstitutional bait and switch.”

However, even the most minuscule changes within the USA Freedom Act were enough for United States Senate Majority Leader Mitch McConnell (R-Ky.) and Senator Marco Rubio (R-Fla.) to fight against until the very last moments. The two attempted to use the Paris terror attacks as warrant for extending and strengthening the current NSA spy program.

Meanwhile, United States Congressman Justin Amash (R-Mich.) was an original co-sponsor of the legislation, but backed out of supporting the bill and actually voted against the final version because it was stripped down and “looked little like the original bill” he had worked to draft and lobby for.

Amash posted a lengthy explanation on Facebook in May:

“I am an original cosponsor of the Freedom Act, and I was involved in its drafting. At its best, the Freedom Act would have reined in the government’s unconstitutional domestic spying programs, ended the indiscriminate collection of Americans’ private records, and made the secret FISA court function more like a real court—with real arguments and real adversaries.

I was and am proud of the work our group, led by Rep. Jim Sensenbrenner, did to promote this legislation, as originally drafted.

However, the revised bill that makes its way to the House floor this morning doesn’t look much like the Freedom Act.

This morning’s bill maintains and codifies a large-scale, unconstitutional domestic spying program. It claims to end “bulk collection” of Americans’ data only in a very technical sense: The bill prohibits the government from, for example, ordering a telephone company to turn over all its call records every day.

But the bill was so weakened in behind-the-scenes negotiations over the last week that the government still can order—without probable cause—a telephone company to turn over all call records for “area code 616” or for “phone calls made east of the Mississippi.” The bill green-lights the government’s massive data collection activities that sweep up Americans’ records in violation of the Fourth Amendment.

The bill does include a few modest improvements to current law. The secret FISA court that approves government surveillance must publish its most significant opinions so that Americans can have some idea of what surveillance the government is doing. The bill authorizes (but does not require) the FISA court to appoint lawyers to argue for Americans’ privacy rights, whereas the court now only hears from one side before ruling.

But while the original version of the Freedom Act allowed Sec. 215 of the Patriot Act to expire in June 2015, this morning’s bill extends the life of that controversial section for more than two years, through 2017.

I thank Judiciary Committee Chairman Bob Goodlatte for pursuing surveillance reform. I respect Rep. Jim Sensenbrenner and Rep. John Conyers for their work on this issue.

It’s shameful that the president of the United States, the chairman of the House Permanent Select Committee on Intelligence, and the leaders of the country’s surveillance agencies refuse to accept consensus reforms that will keep our country safe while upholding the Constitution. And it mocks our system of government that they worked to gut key provisions of the Freedom Act behind closed doors.

The American people demand that the Constitution be respected, that our rights and liberties be secured, and that the government stay out of our private lives. Fortunately, there is a growing group of representatives on both sides of the aisle who get it. In the 10 months since I proposed the Amash Amendment to end mass surveillance, we’ve made big gains.

We will succeed.”

FOLLOW MICHAEL LOTFI ON Facebook, Twitter & LinkedIn.

New Documents Reveal the NSA is Still Collecting Americans’ Emails

New records obtained by the New York Times via Freedom of Information Act requests reveal that the National Security Agency’s mass collection of email communications likely continues using different methods which are not restricted by the law.

The new details, part of a report from the NSA’s inspector general, reveal at least four reasons why the NSA ended the email program. Three of these reasons are redacted but the fourth states “other authorities can satisfy certain foreign intelligence requirements” that the bulk email records program “had been designed to meet.”

The report also details two other legal ways the government may acquire the data. First, the NSA may gather Americans’ data that has been gathered in other countries by examining the fiber optic cables which power the internet. As the New York Times writes, these activities “are largely not subject to regulation by the Foreign Intelligence Surveillance Act.” The NSA was previously not allowed to gather domestic data using this procedure, but that rule was changed in November 2010.

The other method for spying on Americans which the NSA may legally employ involves the Foreign Intelligence Surveillance Act Amendments Act of 2008, which allows for warrantless domestic surveillance.

These revelations come on the eve of the end of another program which allows the collection of Americans’ phone records. Under the recently passed USA Freedom Act the NSA can still access the records in the pursuit of terrorists, but the records remain with the telecommunications companies.

Timothy Edgar, a privacy official in the Office of the Director of National Intelligence with both the George W. Bush and Obama administrations who is now a teacher at Brown University, told the New York Times that “The document makes it clear that NSA is able to get all the Internet metadata it needs through foreign collection.”

If Americans were hopeful that the USA Freedom Act was going to stop the bulk collection of data, they are in for disappointment. As long as the state has the technology and the resources (funded via tax dollars), they will use whatever tools they have at their disposal to monitor innocent individuals as the march towards complete loss of civil liberties continues.

Rand Paul Explains Why He Would Not Pardon Edward Snowden

GOP presidential candidate Sen. Rand Paul said on Friday that he would not pardon NSA whistleblower Edward Snowden, and would instead seek a compromise that involved Snowden serving some jail time.

During a convention of the Republican Liberty Caucus in Nashua, New Hampshire, Paul was asked if he would pardon Edward Snowden, who is currently in Russia and reportedly contemplating a return to the U.S.

Snowden is facing felony charges for leaking documents that revealed the U.S. government is spying on innocent Americans and collecting their phone records using the NSA’s mass surveillance program.

Paul, who has rallied against the NSA’s program on several occasions, said that while he partially wants to pardon Snowden, he also believes that the country has to have a set of rules that cannot be broken.

[pull_quote_center]I know most people would want me to say yes, and part of me says yes, and part of me says that we cannot have no rules. So for example, we do have secrets, maybe too many, but we do have secrets that need to be protected. We have operatives who try to risk their lives to defend our country and you know, he didn’t reveal that, but you don’t want people to reveal things like that.[/pull_quote_center]

Paul noted that Snowden did reveal a program that was not known to the American people before, and that might have stayed under the radar, due to the Obama administration’s treatment of whistleblowers.

“He revealed a program that we probably would have never known about, had he not revealed it because the government was lying,” Paul said. “So in many ways you could call him a whistleblower.”

[RELATED: Obama Has Sentenced Whistleblowers to 10x the Jail Time of All Prior U.S. Presidents Combined]

Paul said he believes the U.S. should come to a compromise with Snowden, in which he serves some sort of a sentence that is “reasonable and negotiated.”

[pull_quote_center]I think the best compromise on it is that there would be some penalty. But the people who are going nuts, which includes half of the people in our party, wanting to execute him, shoot him, chop his head off, all of these crazy stuff, they are completely wrong, and I think there could be some accommodation. And I think he would actually serve some sentence, if it were reasonable and negotiated.[/pull_quote_center]

In an interview with BBC that aired Monday, Snowden said that he is willing to serve jail time in order to return to the U.S.

“I’ve volunteered to go to prison with the government many times,” Snowden said. “What I won’t do is I won’t serve as a deterrent to people trying to do the right thing in difficult situations.”

There has yet to be a presidential candidate who has said that he or she would pardon Snowden, pending his return to the U.S.

Carly Fiorina described Snowden as “terribly destructive,” Ben Carson said that Snowden “did our nation a tremendous amount of damage” and should be punished, and Donald Trump said that Snowden is a “traitor” and should be killed.

For more election coverage, click here.

George Pataki Calls for Twitter CEO to Shut Down Edward Snowden’s Account

Former NSA contractor-turned-whistleblower Edward Snowden joined Twitter on Tuesday, and in addition to gaining 1 million followers in less than 24 hours after he posted his first tweet, his presence was openly criticized by one presidential hopeful who asked Twitter’s co-founder to shut down Snowden’s account.

GOP candidate and former New York Gov. George Pataki responded to Snowden’s first Tweet, which said, “Can you hear me now?” with criticism, calling Snowden a “traitor who put American lives at risk.”

 

 

Snowden is known for leaking documents which revealed that the U.S. government is spying on innocent Americans and collecting their phone records using the NSA’s mass surveillance program, which was once a guarded secret before Snowden’s actions exposed the agency.

[RELATED: Dishonesty, Deceptiveness, and Disservice – Why Snowden Chose to Become a Whistleblower]

Since the documents were published in June 2013, Snowden has yet to return to the United States and is currently in an undisclosed location in Russia. If and when he returns to the U.S., he will face felony charges of theft, “unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person.”

In addition to retweeting comments from Twitter users who agreed with his original statement, Pataki posted a second tweet addressing Snowden, this time calling on Twitter co-founder and interim CEO Jack Dorsey to shut down Snowden’s account.

Dorsey did not respond to Pataki on Tuesday, but he did respond earlier to Snowden’s initial tweet, welcoming him to Twitter.

Dorsey also retweeted a tweet from Snowden, which addressed the label of “traitor.” The word was mentioned in each of the Tweets Pataki posted that referenced Snowden.

Pataki’s final tweet mentioning Snowden was in response to a user who said that a “great American company gives voices a chance to speak, not silences them.”

Investigative journalist Glenn Greenwald, who published documents leaked by Snowden in the The Guardian in 2013, chimed in on Twitter with posts that appeared to be aimed at Pataki’s comments.

https://twitter.com/ggreenwald/status/648976330202198016

After posting his first Tweet on Tuesday morning, Snowden gained 1 million followers in less than 24 hours. Greenwald noted that this was over 10 times more than Pataki, who currently has about 53,300.

https://twitter.com/ggreenwald/status/648975963011829760

Snowden also gained attention for following only one account on Twitter: the NSA. In addition to greatly surpassing Pataki in number of followers, Snowden also surpassed the NSA, which has less than 100,000.

Snowden: “The Balance of Power Is Beginning to Shift”

In an op-ed published Thursday in The New York Times, whistleblower and former National Security Agency contractor Edward Snowden reflected on how circumstances have changed on the two-year anniversary of his first leaks. “Two years ago today, three journalists and I worked nervously in a Hong Kong hotel room, waiting to see how the world would react to the revelation that the National Security Agency had been making records of nearly every phone call in the United States. In the days that followed, those journalists and others published documents revealing that democratic governments had been monitoring the private activities of ordinary citizens who had done nothing wrong,” wrote Snowden in the opening of his retrospective.

At first, politicians rushed to criminally charge Snowden under the 1917 Espionage Act and called him a traitor to his country. “Privately, there were moments when I worried that we might have put our privileged lives at risk for nothing — that the public would react with indifference, or practiced cynicism, to the revelations,” said Snowden.

However, fast-forwarding to the present day, just days after Senator Rand Paul and other civil liberties advocates in the US Senate forced Section 215 of the PATRIOT Act, which authorized many of the programs about which Snowden leaked information, to expire and just weeks after a federal appeals court ruled that the NSA’s bulk collection of Americans’ phone metadata is illegal, Snowden’s cynicism has given way to optimism. “We are witnessing the emergence of a post-terror generation, one that rejects a worldview defined by a singular tragedy. For the first time since the attacks of Sept. 11, 2001, we see the outline of a politics that turns away from reaction and fear in favor of resilience and reason. With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of a right is not in what it hides, but in what it protects,” Snowden said, celebrating recent achievements by US civil liberties activists.

Snowden’s commentary noted that privacy advocates still have work ahead of them given the fact that the newly-signed USA FREEDOM Act essentially compels corporations to sweep up Americans’ phone records on behalf of the government. “Some of the world’s most popular online services have been enlisted as partners in the NSA’s mass surveillance programs, and technology companies are being pressured by governments around the world to work against their customers rather than for them. Billions of cellphone location records are still being intercepted without regard for the guilt or innocence of those affected. We have learned that our government intentionally weakens the fundamental security of the Internet with ‘back doors’ that transform private lives into open books. Metadata revealing the personal associations and interests of ordinary Internet users is still being intercepted and monitored on a scale unprecedented in history: As you read this online, the United States government makes a note.

He also warned citizens in Russia, Canada, France, and the United Kingdom that their governments too seek to take advantage of tragedies to generate political will for the dissolution of recognized civil rights. However, he pointed out some reasons to be optimistic about the flourishing of privacy protection worldwide. “Since 2013, institutions across Europe have ruled similar laws and operations illegal and imposed new restrictions on future activities. The United Nations declared mass surveillance an unambiguous violation of human rights. In Latin America, the efforts of citizens in Brazil led to the Marco Civil, an Internet Bill of Rights. Recognizing the critical role of informed citizens in correcting the excesses of government, the Council of Europe called for new laws to protect whistle-blowers,” said Snowden of the international movement towards the protection of privacy rights.

Snowden also recognized the work of “technologists” who have been toiling to prevent governments from hijacking their products in an effort to “ensure access to basic privacies beyond borders.

At the turning of the millennium, few imagined that citizens of developed democracies would soon be required to defend the concept of an open society against their own leaders… Yet the balance of power is beginning to shift,” said Snowden, recognizing that his decision to essentially destroy his cushy life as a well-paid NSA contractor living in Hawaii was not in vain.

National Journal notes that 2016 Democratic presidential candidate and ex-Senator and Governor from Rhode Island Lincoln Chafee fused support for Snowden into a speech announcing his campaign earlier this week. “Our sacred Constitution requires a warrant before unreasonable searches, which includes our phone records… Let’s enforce that and while we’re at it, allow Edward Snowden to come home,” said Chafee.

Christie Condemns “Civil Liberties Extremists”, Argues To Maintain NSA Surveillance In NH Speech

Portsmouth, NH- Following a recent ruling by an appeals court declaring that the NSA’s bulk collection of American phone records is illegal, New Jersey Governor Chris Christie visited New Hampshire calling to preserve the government’s record collecting practices.

In a foreign policy-centered speech delivered on Monday in Portsmouth, New Hampshire, Christie criticized military spending cuts and proposed a growth in the United States military, suggesting 500,000 Army soldiers and 185,000 Marines. Christie also called for a larger Air Force and an increased number of Navy ships.

Christie held the Obama administration responsible in his claim that “American power is in retreat” and “no one understands any longer whom America stands with or against.”

In addition to calling for an increased military, Christie was sharp in his criticism of “civil liberties extremists” inspired by Edward Snowden’s NSA revelations:

[quote_center]When Edward Snowden revealed our intelligence secrets to the world in 2013, civil liberties extremists seized that moment to advance their very own narrow agenda.[/quote_center]

Christie declined to expand on what the “narrow agenda” might be.

“They want you to think that there’s a government agent listening in every time you pick up the phone or Skype with your grandkids,” Christie continued. “They want you to think the intelligence community are the bad guys, straight out of the Bourne Identity or some other Hollywood thriller. And they want you to think that if we weakened our capabilities, the rest of the world would somehow love us more.”

“Let’s be clear: all these fears are exaggerated and ridiculous. When it comes to fighting terrorism, our government is not the enemy,” Christie said.

Firm in his belief that NSA surveillance of Americans is a vital tool to catch terrorists, Christie also called for the extension of the Patriot Act and the preservation of provisions that are set to expire on June 1st. Christie said he utilized the Patriot Act “extensively, aggressively and legally as US Attorney,” adding “And I can tell you this: it works.”

Christie’s prepared remarks are available in full here.

VIDEO: John Oliver Interviews Edward Snowden About NSA’s Explicit Photos Scandal

On  yesterday’s episode of Last Week Tonight with John Oliver on HBO, Oliver interviewed National Security Agency whistleblower Edward Snowden in Russia and led off by giving Snowden the chance to answer some tough questions from his detractors. The interview segment begins at around the 14 minute mark in the above-embedded video provided on the show’s YouTube channel.

In particular, The Daily Beast points out the fact that Oliver questioned Snowden on whether or not it was wise to release so many classified NSA documents without being able to read them all first, given the fact that some of the leaks could have affected US national security. When asked by Oliver how many of the documents Snowden had actually read prior to turning them over to journalists, Snowden said, “I do understand what I turned over.”

Oliver challenged Snowden further, “So The New York Times took a slide, didn’t redact it properly, and in the end it was possible for people to see that something was being used in Mosul on al Qaeda.”

Snowden replied, “That is a problem… In journalism, we have to accept that some mistakes will be made. This is a fundamental concept of liberty.”

Snowden and Oliver discussed some of the NSA’s foreign surveillance scandals, including its spying on UNICEF, before turning their attention to the issue of whether NSA agents can access the explicit photos that many Americans trade with their significant others via cell phone. “This is something that’s not actually seen as a big deal in the culture of the NSA, because you see naked pictures all the time,” said Snowden.

After Oliver showed Snowden a video of a random sampling of Americans reacting strongly to the thought that the NSA might have their explicit photos, Snowden said, “I guess I never thought about putting [NSA spying] in the context of your junk.”

Oliver provided Snowden with a picture of his own unmentionables and listed off a series of NSA programs and authorities while asking whether agents could use them to justify seizing the photo. In each case, the answer was yes. As an example, Snowden described how PRISM could be used to obtain the photo, “When you send your junk through Gmail, that’s stored on Google’s servers… Google moves data from data center to data center—invisibly to use without your knowledge—your data could be moved outside the borders of the United States, temporarily. When your junk was passed by Gmail, the NSA caught a copy of that… PRISM is how they pull your junk out of Google with Google’s involvement.”

Snowden also admitted that, when he first leaked info about the NSA’s widespread spying on Americans, he was worried that the issue would fail to gain traction in the media. “I was initially terrified that this was going to be a three-day story — everybody was going to forget about it, but, when I saw that everybody around the world said, ‘Whoa, this is a problem. We have to do something about this,’ it felt like vindication.”

Snowden concluded his interview with a uniquely American response to John Oliver’s question about whether people should stop taking explicit photos of themselves on their cell phones given the fact that the NSA has the ability to seize them. “You shouldn’t change your behavior because a government agency somewhere is doing the wrong thing. If we sacrifice our values because we’re afraid, we don’t care about those values very much.”

Lawyer: Edward Snowden “Ready To Return” To US If Provided Fair Trial

Anatoly Kucherena, one of Edward Snowden’s lawyers, told Russian media outlet TASS that he and other lawyers are working on the “legal aspect” of Snowden’s possible return to the United States. Snowden, who has been in Russia since 2013 after exposing the NSA’s data collection practices, is reportedly open to returning to the United States if he is assured a fair trial.

“Edward Snowden is ready to return to the US, but on the condition that he will be given guarantees on receiving a fair and impartial trial,” Kucherena said. A letter sent to Kucherena by Attorney General Eric Holder in 2013 had included a promise that Snowden wouldn’t face the death penalty upon his return to the United States. Kucherena said, “That is, they guarantee that Snowden will not be executed, not that he will receive a fair trial. And it is guaranteed by attorney [general] who cannot even influence court decisions according to law.”

Snowden told Brian Williams last year that he wanted to go home. “I don’t think there’s ever been any question that I’d like to go home,” Snowden had said, but also acknowledged there was no guarantee of amnesty or clemency. Snowden told Williams that he didn’t want to return home to a jail cell to serve as a “bad example for other people in government who see something happening, some violation of the Constitution, and think they need to say something about it.”

If Snowden was to return to the United States, he would face charges under the Espionage Act. He has been provided a 3-year residency permit in Russia after his temporary asylum expired last August.

Snowden: Remove The Government’s Ability To Interfere With Our Rights

In an ‘Ask Me Anything’ question and answer session on Reddit, Edward Snowden was asked: “What’s the best way to make NSA spying an issue in the 2016 Presidential Election? It seems like while it was a big deal in 2013, ISIS and other events have put it on the back burner for now in the media and general public. What are your ideas for how to bring it back to the forefront?”

Snowden replied:

This is a good question, and there are some good traditional answers here. Organizing is important. Activism is important.

At the same time, we should remember that governments don’t often reform themselves. One of the arguments in a book I read recently (Bruce Schneier, “Data and Goliath”), is that perfect enforcement of the law sounds like a good thing, but that may not always be the case. The end of crime sounds pretty compelling, right, so how can that be?

Well, when we look back on history, the progress of Western civilization and human rights is actually founded on the violation of law. America was of course born out of a violent revolution that was an outrageous treason against the crown and established order of the day. History shows that the righting of historical wrongs is often born from acts of unrepentant criminality. Slavery. The protection of persecuted Jews.

But even on less extremist topics, we can find similar examples. How about the prohibition of alcohol? Gay marriage? Marijuana?

Where would we be today if the government, enjoying powers of perfect surveillance and enforcement, had — entirely within the law — rounded up, imprisoned, and shamed all of these lawbreakers?

Ultimately, if people lose their willingness to recognize that there are times in our history when legality becomes distinct from morality, we aren’t just ceding control of our rights to government, but our agency in determing thour futures.

How does this relate to politics? Well, I suspect that governments today are more concerned with the loss of their ability to control and regulate the behavior of their citizens than they are with their citizens’ discontent.

How do we make that work for us? We can devise means, through the application and sophistication of science, to remind governments that if they will not be responsible stewards of our rights, we the people will implement systems that provide for a means of not just enforcing our rights, but removing from governments the ability to interfere with those rights.

You can see the beginnings of this dynamic today in the statements of government officials complaining about the adoption of encryption by major technology providers. The idea here isn’t to fling ourselves into anarchy and do away with government, but to remind the government that there must always be a balance of power between the governing and the governed, and that as the progress of science increasingly empowers communities and individuals, there will be more and more areas of our lives where — if government insists on behaving poorly and with a callous disregard for the citizen — we can find ways to reduce or remove their powers on a new — and permanent — basis.

Our rights are not granted by governments.

They are inherent to our nature. But it’s entirely the opposite for governments: their privileges are precisely equal to only those which we suffer them to enjoy.

We haven’t had to think about that much in the last few decades because quality of life has been increasing across almost all measures in a significant way, and that has led to a comfortable complacency. But here and there throughout history, we’ll occasionally come across these periods where governments think more about what they “can” do rather than what they “should” do, and what is lawful will become increasingly distinct from what is moral.

In such times, we’d do well to remember that at the end of the day, the law doesn’t defend us; we defend the law. And when it becomes contrary to our morals, we have both the right and the responsibility to rebalance it toward just ends.

Glenn Greenwald focused on how the issue did not break down along party lines:

The key tactic DC uses to make uncomfortable issues disappear is bipartisan consensus. When the leadership of both parties join together – as they so often do, despite the myths to the contrary – those issues disappear from mainstream public debate.

The most interesting political fact about the NSA controversy, to me, was how the divisions didn’t break down at all on partisan lines. Huge amount of the support for our reporting came from the left, but a huge amount came from the right. When the first bill to ban the NSA domestic metadata program was introduced, it was tellingly sponsored by one of the most conservative Tea Party members (Justin Amash) and one of the most liberal (John Conyers).

The problem is that the leadership of both parties, as usual, are in full agreement: they love NSA mass surveillance. So that has blocked it from receiving more debate. That NSA program was ultimately saved by the unholy trinity of Obama, Nancy Pelosi and John Bohener, who worked together to defeat the Amash/Conyers bill.

The division over this issue (like so many other big ones, such as crony capitalism that owns the country) is much more “insider v. outsider” than “Dem v. GOP”. But until there are leaders of one of the two parties willing to dissent on this issue, it will be hard to make it a big political issue.

That’s why the Dem efforts to hand Hillary Clinton the nomination without contest are so depressing. She’s the ultimate guardian of bipartisan status quo corruption, and no debate will happen if she’s the nominee against some standard Romney/Bush-type GOP candidate. Some genuine dissenting force is crucial.

Both make great points. We must remember that it is our duty to restore our rights and take away the power of the government to destroy those rights. But to do so means full spectrum cooperation.

Read the whole Snowden, Greenwald, and Poitras Reddit AMA here.

Report: NSA Bracing for Major New Leaks

New Leaks Not Related to Edward Snowden

by Jason Ditz, February 15, 2015

Though the NSA is characteristically not discussing the matter publicly, reports citing private comments from the officials say that the agency is bracing for “major” new leaks.

The leaks, according to the reports, are not related to Edward Snowden’s releases, and interestingly weren’t leaked by any insiders at all.

Rather, they are going to be technical data about how the NSA surveils people, and were uncovered by an unnamed cyber security firm operating outside of the United States.

It will be interesting to see how the administration reacts in that case. President Obama has been extremely hostile to whistleblowers within agencies, but with the data uncovered by people who weren’t working for the NSA or the US government to begin with, their options seem limited.

DOUBLE STANDARD: Will Petraeus Face Charges? Senators Say He Has “Suffered Enough”

Washington DC- Two prosecutors for the Department of Justice have recommended that an indictment be brought against David Petraeus. Petraeus reportedly shared his email account and classified information with a lover who also happened to be his biographer.

As you might remember Petraeus, the four-star general who led the surge in Afghanistan and in Iraq under President’s Bush and Obama also became for a short time the director of the CIA. While head of the Central Intelligence Agency, Petraeus is suspected of illegally sharing classified materials with his biographer, Paula Broadwell, an Army Reserve officer with whom he was having an affair. Federal agents found classified documents on Broadwell’s computer and at her home, raising the question of how she obtained those materials.

U.S. Attorney General Eric Holder refused to say Sunday whether he would indict Petraeus despite reports saying charges were imminent.

Most interesting, however is the parade of U.S. Senators who have come to the defense of Petraeus including Sen. John McCain and Sen. Dianne Feinstein. Feinstein tells CNN’s State of the Union that she not only supports Petraeus but that she believes he has “suffered enough”. In the video above, Feinstein explains that Petraeus has “lost his job already”.

It is important to note however that Feinstein, believes that Julian Assange, “Should be vigorously prosecuted for espionage”. The Senator also believes that Edward Snowden “violated his oath and violated the law”, calling the exposure of the NSA spying program “treason”.

It is worth nothing that in Snowden’s case he revealed the NSA program to the American public, on whom the program was illegally spying. Snowden’s revelations whether you agree with them or not, was not for personal gain. On the other hand, Petraeus’ sharing of information was not a revelation to the person with whom it was shared. Rather it was allowing classified information to be handed over to a girlfriend for the sake of scoring points.

Even so, Feinstein doesn’t feel that Petraeus needs to suffer anymore.

The Intercept has pointed out that Petraeus isn’t actually suffering at all after having compromised classified information. “David Petraeus, the person who Feinstein said has “suffered enough,” was hired last year by the $73 billion investment fund KKR to be Chairman of its newly created KKR Global Institute, on top of the $220,000/year pension he receives from the U.S. Army and the teaching position he holds at Harvard’s John F. Kennedy School of Government. Let us all pause for a moment to lament the deep suffering of this man, and the grave injustice of inflicting any further deprivation upon him.”