Tag: NSA

Using Metadata to Find Paul Revere

What stood out to me in David Brooks’ amateur psychologizing about NSA leaker Edward Snowden on Monday was his claim that Snowden “has not been able to point to any specific abuses.” Brooks’ legal skills are even worse than his psychologizing. He didn’t notice that the document Snowden leaked was a general warrant. It fails to satisfy the Fourth Amendment’s requirements of probable cause and particularity. That’s an abuse.

I gather that it’s hard to apply the principles of liberty and our nation’s founding charter to the new world of data. In aid of your consideration, I offer you the fun essay: “Using Metadata to Find Paul Revere,” which recounts how metadata (so-called) reveals relationships and, from the perspective of King George, sedition.

The essay concludes:

[I]f a mere scribe such as I—one who knows nearly nothing—can use the very simplest of these methods to pick the name of a traitor like Paul Revere from those of two hundred and fifty four other men, using nothing but a list of memberships and a portable calculating engine, then just think what weapons we might wield in the defense of liberty one or two centuries from now.

The present-day federal surveillance programs revealed in media reports are “the tip of the iceberg,” Rep. Loretta Sanchez (D-CA) said Wednesday after being briefed Tuesday.

NSA Snooping: a Majority of Americans Believe What?

Yesterday, the Washington Post and the Pew Research Center released a joint poll that purportedly showed that “a large majority of Americans” believe the federal government should focus on “investigating possible terrorist threats even if personal privacy is compromised.”

But a careful look at the poll shows citizens are far less sanguine about surrendering their privacy rights, as the facts continue to be revealed.

Pollsters faced a difficult challenge—to accurately capture public opinion during a complex and evolving story. Recall, on Wednesday of last week, the story was about the NSA tracking Verizon phone records. So the pollsters drew up a perfectly reasonable and balanced question:

As you may know, it has been reported that the National Security Agency has been getting secret court orders to track telephone call records of MILLIONS of Americans in an effort to investigate terrorism. Would you consider this access to telephone call records an acceptable or unacceptable way for the federal government to investigate terrorism?

Fifty-six percent found this “acceptable.” Thus, the “majority of Americans” lead in the Washington Post.

However, on Thursday, the Washington Post revealed explosive details about the massive data-collection program PRISM—and the public was alerted that the NSA was not just collecting phone records, but email, Facebook, and other online records. So the pollsters quickly drew up a new question, asked starting Friday, from June 7-9:

Do you think the U.S. government should be able to monitor everyone’s email and other online activities if officials say this might prevent future terrorist attacks?

Fifty-two percent—a majority—said “no.” So Americans feel differently about the story based on the facts on Wednesday, when the story was about tracking “telephone calls,” and facts on Thursday, when the story was about monitoring all “email and other online activity.”

The Washington Post could have fairly gone with a story that a majority of Americans do not agree that the federal government should monitor everyone’s email and online communication, even if it might prevent future terrorist attacks.

Unfortunately, that’s not the story that the Washington Post went with. Subsequent media coverage of the Post-Pew poll has neglected this nuance and cemented this misinterpretation of what “majority of Americans” believe.

A more reasonable interpretation of the Post-Pew poll is that citizens’ views seem to be changing as more details are revealed about the massive extent of the NSA snooping program. Indeed, most citizens have not been following this story as closely with only 48 percent report following thing “very closely” or “fairly closely.”

I’ll be watching eagerly to see what the next polls find out about that ever elusive “majority of Americans.”

Happy Birthday Nat Hentoff!

Cato Senior Fellow Nat Hentoff turns 88 today. 

John Whitehead, president of the Rutherford Institute, recently had some high praise for our colleague:

I’ve had the privilege of working with some remarkable individuals in my lifetime—celebrities, politicians, writers, artists, musicians, journalists, people whose names are legendary and others whose impact, no less significant, was only felt by a small few—yet for sheer nerve, integrity, tenacity, vision and a love of America that has weathered the best and worst this nation has had to offer, no one can match Nat Hentoff.

Even at the ripe age of 88, Hentoff is a radical in the best sense of the word, a feisty, fiercely loyal, inveterate freedom fighter and warrior journalist with a deep-seated intolerance of injustice and a well-deserved reputation for being one of the nation’s most respected, controversial and uncompromising writers.

Armed with a keen understanding of the law and an enviable way with words, brandishing a rapier wit and teeming with moral outrage, Nat has never been one to back down from a fight, and there have been many over the course of his lifetime—one marked by controversy and fueled by his passion for the protection of civil liberties and human rights. …

A self-described uncategorizable libertarian, Hentoff adds he is also a “Jewish atheist, civil libertarian, pro-lifer.” Born in Boston on June 10, 1925, Hentoff received a B.A. with honors from Northeastern University and did graduate work at Harvard. From 1953 to 1957, he was associate editor of Down Beat magazine. He went on to write many books on jazz, biographies and novels, including children’s books. His articles have appeared in the Wall Street Journal, New York Times, Commonwealth, the New Republic, the Atlantic and the New Yorker, where he was a staff writer for more than 25 years. In 1980, he was awarded a Guggenheim Fellowship in Education and an American Bar Association Silver Gavel Award for his coverage of the law and criminal justice in his columns. In 1985, he was awarded an Honorary Doctorate of Laws by Northeastern University. For 50 years, Hentoff wrote a weekly column for the Village Voice. When that position was terminated on December 31, 2008, Hentoff joined the Cato Institute as a Senior Fellow.

Read the whole thing.

Just a few days before Glenn Greenwald broke the explosive story about NSA surveillance, Hentoff was already complimenting Greenwald for his work defending free speech and a free press:

What all of this comes down to, as it may affect future administrations as well as generations of Americans, has been precisely underlined by Glenn Greenwald, an incisive journalist who would have given James Madison hope for the First Amendment’s future.

Writing about how “media outlets and journalists have finally awakened to the serious threat posed by the Obama administration to press freedoms, whistle blowing and transparency,” the question now, Greenwald demands, is:

“What, if anything, will they (journalists) do to defend the press freedoms they claim to value? … Thwarting government attacks like these … requires a real adversary posture, renouncing their subservience to government interests and fear of alienating official sources.

Hentoff discusses the NSA story here.

And beyond his work on civil liberties, Hentoff still finds time to review jazz music for the Wall Street Journal.  Last month, Hentoff had this article about Joe Alterman.

In Its Bubble of Secrecy, the National Security Bureaucracy Redefined Privacy for Its Own Purposes

Rep. Jim Sensenbrenner (R-WI) is nothing if not a security hawk, and this weekend he decried the NSA’s collection of all Americans’ phone calling records in a Guardian post entitled, “This Abuse of the Patriot Act Must End.” On Thursday last week, he sent a letter to Attorney General Eric Holder demanding answers by Wednesday.

It also became apparent over the weekend that the National Security Agency’s program to collect records of every phone call made in the United States is not for the purpose of data mining. (A Wall Street Journal editorial entitled “Thank You for Data Mining” was not only wrong on the merits, but also misplaced.) Rather, the program seizes data about all of our telephone communications and stores that data so it can aid investigations of any American who comes under suspicion in the future.

Details of this program will continue to emerge–and perhaps new shocks. The self-disclosed leaker–currently holed up in a Hong Kong hotel room waiting to learn his fate–is fascinating to watch as he explains his thinking.

The court order requiring Verizon to turn over records of every call “on an ongoing daily basis” is a general warrant.

The Framers adopted the Fourth Amendment to the Constitution in order to bar general warrants. The Fourth Amendment requires warrants 1) to be based upon probable cause and 2) to particularly describe the place to be searched and the persons or things to be seized. The leaked warrant has neither of these qualities.

A warrant like this would never be adopted in an open court system. With arguments and decisions available to the public and appeals going to public courts, common sense and simple shame would foreclose suspicionless data-gathering about every American for the benefit of future potential investigations. 

Alas, many people don’t believe all that deeply in the Constitution and the rule of law when facile promises of national security are on offer. It is thus worthwhile to discuss whether this is unconstitutional law enforcement and security practice would work. President Obama said last week, “I welcome this debate and I think it’s healthy for our democracy.”

There’s No Such Thing as ‘Good Government’

National Journal’s Ron Fournier:

I like government. I don’t like what the fallout from these past few weeks might do to the public’s faith in it…

The core argument of President Obama’s rise to power, and a uniting belief of his coalition of young, minority and well-educated voters, is that government can do good things–and do them well.

Damn. Look at what cliches the past few weeks wrought.

Fournier then runs through how the various Obama scandals show:

Government is intrusive … Orwellian … incompetent … corrupt … complicated … heartless … secretive … [and] can’t be trusted.

And that’s when the good guys are running the show!

Maybe Fournier needs to brush up on his Common Sense:

Society in every state is a blessing, but Government, even in its best state, is but a necessary evil… Government, like dress, is the badge of lost innocence… For were the impulses of conscience clear, uniform and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him, out of two evils to choose the least.

Translation: there’s no such thing as “good government.”

NSA Spying on a Gazillion Americans

Today’s widespread outrage over reports that the National Security Agency is conducting widespread, untargeted, domestic surveillance on millions of Americans reminds me of this post from July 2012, in which Sen. Rand Paul reported on a private briefing he’d received. He couldn’t reveal what he’d learned, but he was able to report that the number of Americans subject to surveillance was closer to “a gazillion” than to zero. Now we have a bit more information. As I wrote then:

Sen. Rand Paul (R-KY) gave a great speech on surveillance last week at FreedomFest. Actually, he gave two good speeches, but the one embedded below is his short 6-minute talk at the Saturday night banquet. He talks about our slide toward state intrusion into our phone calls, our emails, our reading habits and so on. You know how big the surveillance state has gotten? The answer is “a gazillion.” Watch the speech—complete with high-falutin’ references to Fahrenheit 451 and the martyr Hugh Latimer!

Your Congress, Your NSA Spying

The National Security Agency is collecting records of every domestic and cross-border Verizon phone call between now and July 19th. The secret court order requiring Verizon to hand over these records has been leaked to the Guardian.

You may find that outrageous. 1984 has arrived. Big Brother is watching you.

But the author of this story is not George Orwell. It’s Representative Lamar Smith of Texas, Senator Diane Feinstein of California, and you.

Here’s what I mean: In June of last year, Representative Smith (R) introduced H.R. 5949, the FISA Amendments Act Reauthorization Act of 2012. Its purpose was to extend the FISA Amendments Act of 2008 for five years, continuing the government’s authority to collect data like this under secret court orders. The House Judiciary Committee reported the bill to the full House a few days later. The House Intelligence Committee, having joint jurisdiction over the bill, reported it at the beginning of August. And in mid-September, the House passed the bill by a vote of 301 to 118.

Sent to the Senate, the bill languished until very late in the year. But with the government’s secret wiretapping authority set to expire, the Senate took up the bill on December 27th. Whether by plan or coincidence, the Senate debated secret surveillance of Americans’ communications during the lazy, distracted period between Christmas and the new year.

Senator Dianne Feinstein (D) was the bill’s chief defender on the Senate floor. She parried arguments doggedly advanced by Senator Ron Wyden (D-OR) that the surveillance law lacks sufficient oversight. My colleague Julian Sanchez showed ably at the time that modest amendments proposed by Wyden and others would improve oversight and in no way compromise security. But false urgency created by the Senate’s schedule won the day, and on December 28th of last year, the Senate passed the bill, sending it to the president, who signed it on December 30th.

The news that every Verizon call is going to the NSA not only vindicates Senator Wyden’s argument that oversight in this area is lacking. It reveals the upshot of that failed oversight: The secret FISA court has been issuing general warrants for communications surveillance.

That is contrary to the Fourth Amendment to the Constitution, which requires warrants to issue “particularly describing the place to be searched, and the persons or things to be seized.” When a court requires “all call detail records” to be handed over “on an ongoing daily basis,” this is in no sense particular. Data about millions of our phone calls are now housed at the NSA. Data about calls you make and receive today will be housed at the NSA.

The reason given for secret mass surveillance of all our phone calls, according to an unofficial comment from the Obama administration, is that it is a “critical tool” against terrorism. These arguments should be put to public proof. For too long, government officials have waved off the rule of law and privacy using “terrorism” as their shibboleth. This time, show us exactly how gathering data about every domestic call on one of the largest telecommunications networks roots out the tiny number of stray-dog terrorists in the country. If the argument is based on data mining, it has a lot to overcome, including my 2008 paper with IBM data mining expert Jeff Jonas, “Effective Counterterrorism and the Limited Role of Predictive Data Mining.”

The ultimate author of the American surveillance state is you. If you’re like most Americans, you allowed yourself to remain mostly ignorant of the late-December debate over FISA reauthorization. You may not have finished digesting your Christmas ham until May, when it was revealed that IRS agents had targeted groups applying for tax exempt status for closer scrutiny based on their names or political themes.

The veneer of beneficent government is off. The National Security Agency is collecting records of your phone calls. The votes in Congress that allowed this to happen are linked above in this post. What are you going to do about it?