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Invasion of the Data Snatchers Print
Tuesday, 25 March 2014 14:45

Excerpt: "Techno-evangelists have a nice catchphrase for this future utopia of machines and the never-ending stream of information, known as Big Data, it produces: the Internet of Things."

(illustration: unknown)
(illustration: unknown)


Invasion of the Data Snatchers

By Catherine Crump, Matthew Harwood, TomDispatch

25 March 14

 

stimates vary, but by 2020 there could be over 30 billion devices connected to the Internet. Once dumb, they will have smartened up thanks to sensors and other technologies embedded in them and, thanks to your machines, your life will quite literally have gone online.

The implications are revolutionary. Your smart refrigerator will keep an inventory of food items, noting when they go bad. Your smart thermostat will learn your habits and adjust the temperature to your liking. Smart lights will illuminate dangerous parking garages, even as they keep an “eye” out for suspicious activity.

Techno-evangelists have a nice catchphrase for this future utopia of machines and the never-ending stream of information, known as Big Data, it produces: the Internet of Things. So abstract. So inoffensive. Ultimately, so meaningless.

A future Internet of Things does have the potential to offer real benefits, but the dark side of that seemingly shiny coin is this: companies will increasingly know all there is to know about you. Most people are already aware that virtually everything a typical person does on the Internet is tracked. In the not-too-distant future, however, real space will be increasingly like cyberspace, thanks to our headlong rush toward that Internet of Things. With the rise of the networked device, what people do in their homes, in their cars, in stores, and within their communities will be monitored and analyzed in ever more intrusive ways by corporations and, by extension, the government.

And one more thing: in cyberspace it is at least theoretically possible to log off. In your own well-wired home, there will be no “opt out.”

You can almost hear the ominous narrator’s voice from an old “Twilight Zone” episode saying, “Soon the net will close around all of us. There will be no escape.”

Except it’s no longer science fiction. It’s our barely distant present.

Home Invasion

"[W]e estimate that only one percent of things that could have an IP address do have an IP address today, so we like to say that ninety-nine percent of the world is still asleep," Padmasree Warrior, Cisco's Chief Technology and Strategy Officer, told the Silicon Valley Summit in December. "It’s up to our imaginations to figure out what will happen when the ninety-nine percent wakes up."

Yes, imagine it. Welcome to a world where everything you do is collected, stored, analyzed, and, more often than not, packaged and sold to strangers -- including government agencies.

In January, Google announced its $3.2 billion purchase of Nest, a company that manufactures intelligent smoke detectors and thermostats. The signal couldn’t be clearer. Google believes Nest’s vision of the “conscious home” will prove profitable indeed. And there’s no denying how cool the technology is. Nest’s smoke detector, for instance, can differentiate between burnt toast and true danger. In the wee hours, it will conveniently shine its nightlight as you groggily shuffle to the toilet. It speaks rather than beeps. If there’s a problem, it can contact the fire department.

The fact that these technologies are so cool and potentially useful shouldn’t, however, blind us to their invasiveness as they operate 24/7, silently gathering data on everything we do. Will companies even tell consumers what information they’re gathering? Will consumers have the ability to determine what they’re comfortable with? Will companies sell or share data gathered from your home to third parties? And how will companies protect that data from hackers and other miscreants?

The dangers aren’t theoretical. In November, the British tech blogger Doctorbeet discovered that his new LG Smart TV was snooping on him. Every time he changed the channel, his activity was logged and transmitted unencrypted to LG. Doctorbeet checked the TV’s option screen and found that the setting “collection of watching info” was turned on by default. Being a techie, he turned it off, but it didn’t matter. The information continued to flow to the company anyway.

As more and more household devices -- your television, your thermostat, your refrigerator -- connect to the Internet, device manufacturers will undoubtedly follow a model of comprehensive data collection and possibly infinite storage. (And don’t count on them offering you an opt-out either.) They have seen the giants of the online world -- the Googles, the Facebooks -- make money off their users’ personal data and they want a cut of the spoils. Your home will know your secrets, and chances are it will have loose lips.

The result: more and more of what happens behind closed doors will be open to scrutiny by parties you would never invite into your home. After all, the Drug Enforcement Administration already subpoenas utility company records to determine if electricity consumption in specific homes is consistent with a marijuana-growing operation. What will come next? Will eating habits collected by smart fridges be repackaged and sold to healthcare or insurance companies as predictors of obesity or other health problems -- and so a reasonable basis for determining premiums? Will smart lights inform drug companies of insomniac owners?

Keep in mind that when such data flows are being scrutinized, you’ll no longer be able to pull down the shades, not when the Peeping Toms of the twenty-first century come packaged in glossy, alluring boxes. Many people will just be doing what Americans have always done -- upgrading their appliances. It may not initially dawn on them that they are also installing surveillance equipment targeted at them. And companies have obvious incentives to obscure this fact as much as possible.

As the “conscious home” becomes a reality, we will all have to make a crucial and conscious decision for ourselves: Will I let this device into my home? Renters may not have that option. And eventually there may only be internet-enabled appliances.

Commercial Stalking

The minute you leave your home, the ability to avoid surveillance technologies masquerading as something else will, if anything, lessen.

Physical sensors connected to the Internet are increasingly everywhere, ready to detect a unique identifier associated with you, usually one generated by your smartphone, then log what you do and leverage the data you generate for insight into your life. For instance, Apple introduced iBeacon last year. It’s a service based on transmitters that employ Bluetooth technology to track where Apple users are in stores and restaurants. (The company conveniently turned on Bluetooth by default via a software update it delivered to Apple iPhone owners.) Apps that use iBeacon harvest a user’s data, including his or her location, and sometimes can even turn on a device’s microphone to listen in on what’s going on.

Another company, Turnstyle Solutions Inc., has placed sensors around Toronto that surreptitiously record signals emitted by WiFi-enabled devices and can track users’ movements. Turnstyle can tell, for instance, when a person who visited a restaurant goes to a bar or a hotel. When people log-on to WiFi networks Turnstyle has installed at area restaurants or coffee shops and check Facebook, the company can go far beyond location, collecting “names, ages, genders, and social media profiles,” according to the Wall Street Journal.

The rationale for apps that track where you are is that business owners can use the data to tailor the customer experience to your liking. If you’re wandering around the male grooming section of a particular retailer, the store could shoot you a coupon to convince you to purchase that full body trimmer that promises a smooth shave every time. If customers enter Macy’s and zig right more often than left, the store can strategically place what’s popular or on sale in those high-traffic areas. This is basically what’s happening online now, and brick and mortar stores want in so they can compete against the Amazons of the world.

Not so surprisingly, however, such handy technology has already led to discriminatory behavior by retailers. About a year ago, an investigation by the Wall Street Journal found that prices quoted by online retailers like Staples and Home Depot changed based on who the customer was. People who lived in higher-income areas generally received the best deals, which is a form of digital redlining. In the future, count on brick and mortar stores to do the same thing by identifying your phone, picking up data about you, and pricing items according to just how juicy a customer they think you may be.

To be able to do this, retailers need companies that can provide rich data about our lives. That’s where a group of pioneering companies in the new universe of customer surveillance called data aggregators come in. Already a multibillion-dollar industry, aggregators like Acxiom, Experian, and Datalogix buy customer data from wherever they can -- banks, travel websites, retailers -- and turn it into Big Data. Then they analyze, package, and sell it to third parties. “Our digital reach,” said Scott Howe, CEO of the largest data aggregator, Acxiom, “will soon approach nearly every Internet user in the U.S.”

Last December, the Senate Commerce Committee investigated the business practices of the nine largest data aggregators: what information they collect, how they obtain it, their invasiveness, and who they sell it to. The committee found that these companies collect information ranging from the relatively mundane to the incredibly sensitive, including names and addresses, income levels, and medical histories. They then sell it off without giving serious consideration to what the buyers might do with it.

In the process, you could find yourself categorized as part of a group of “Mid-Life Strugglers: Families” or “Meager Metro Means” or “Oldies but Goodies,” which aggregator InfoUSA described as “gullible” people who “want to believe their luck can change.” Think of it as high-tech commercial profiling of the most exploitative sort.

The result is the creation of a twenty-first century permanent record of your very own, which you are unlikely to ever be able to see because, as the Senate report warned, the industry operates under “a veil of secrecy” with little or no regulation. “Three of the largest companies -- Acxiom, Experian, and Epsilon -- to date have been similarly secretive with the committee with respect to their practices, refusing to identify the specific sources of their data or the customers who purchase it.”

Congress’s watchdog, the Government Accountability Office, reviewed U.S. privacy law and found that citizens generally do not have the right to control the scope of information collected about them or limit its use, even when it pertains to their health or their finances. And if the information is incorrect -- something you might never find out -- there’s no U.S. law that requires data aggregators to correct it.

Paul Ohm, a policy advisor to the Federal Trade Commission, calls these immense troves of personal information “databases of ruin.” He worries that, over time, these databases will include new waves of data -- maybe from your conscious home or location information from commercial sensors -- and so become ever more consolidated. Soon, he fears, “these databases will grow to connect every individual to at least one closely guarded secret. This might be a secret about a medical condition, family history, or personal preference. It is a secret that, if revealed, would cause more than embarrassment or shame; it would lead to serious, concrete, devastating harm.”

Sooner or later, with smart devices seamlessly using sensors and Big Data provided by data aggregators, it will be possible to pick you out of a crowd and identify you in complex ways in real time. If intelligent surveillance cameras armed with facial recognition technology have access to social media profiles as well as the information stored by data aggregators, a digital dossier of your life could be called up on-demand whenever your face is recognized. Imagine the power retailers and companies will exert over your life if they not only know who you are and where you are, but what your weaknesses are -- whether that’s booze, cigarettes, or the appealing mortgage rate with the sketchy small print. Are we looking at a future where the car salesman really does know what he has to do to put us in that car?

Big Data is creating the possibility of a far more entrenched, class-based surveillance society that discriminates using our perceived successes and preys on our weaknesses.

The Great Outdoors

Recently, Newark Liberty International Airport upgraded lighting fixtures at one of its terminals to a more eco-friendly alternative known as LEDs. It turns out, however, that energy efficiency wasn’t the only benefit of the purchase. The fixtures also double as a surveillance system of cameras and sensors that the Port Authority of New York and New Jersey is using to watch for long lines, identify license plates, and -- its officials claim -- spot suspicious behavior.

With all the spying going on these days, this may not seem particularly invasive, but don’t worry, the manufacturers of such systems are thinking much bigger. “We see outdoor lighting as the perfect infrastructure to build a brand new network,” said Hugh Martin, CEO of Sensity Systems, a Sunnyvale, California-based company interested in making lighting smart. “We felt what you’d want to use this network for is to gather information about people and the planet.”

Pretty soon, just about anywhere you are, when you look up at that light pole, it is likely to be looking back down at you. Or into your home or car.

Other surveillance technologies are heading for the heavens. Persistent Surveillance Systems has developed a surveillance camera on steroids. When attached to small aircraft, the 192-megapixel cameras record the patterns of the planetary life they fly over for hours at a time. According to the Washington Post, this will give the police and other customers a “time machine” they can simply rewind when they need it. Placed strategically at the highest points of any town or city, these cameras could provide the sort of blanket surveillance that’s hard to avoid. The inventor of the camera, a retired Air Force officer, helped create a similar system for the city of Fallujah, the site of two of the most violent battles of the U.S. occupation of Iraq. It’s just one example of how wartime surveillance technologies are returning home for “civilian use.”

Private surveillance technology is also destroying one of America’s iconic freedoms: the open road. License plate readers are proliferating across America. These devices snap a picture of every passing car. One company, Vigilant Solutions, already holds 1.8 billion license plate records in its data warehouse, known as the National Vehicle Location Service (NVLS). Anyone with access to this information could easily find out where a person has driven simply by connecting the plate to the car owner. And keep in mind that it’s up to the companies gathering them to determine just who can access the information -- data of immense interest to private investigators and anyone else curious to track another person’s movements.

Like many businesses that trade in Big Data or construct massive databases, Vigilant is in regular contact with government agencies craving access to its meaty stores of information.

If You Build It, They Will Come

In February, the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) put out a solicitation to obtain access to a private license plate reader database for the purpose of “locating criminal aliens and absconders.” ICE claims that it wants to enhance officer safety by making it easier to arrest suspects away from their homes. When the mainstream media took notice and privacy advocates like the ACLU objected, new Homeland Security Secretary Jeh Johnson pulled the plug on the project.

A big win? Don’t count on it, because police departments already have easy access to commercial license plate repositories. In the past, Vigilant has, for instance, allowed ICE to test its service free of charge. Police often pony up the cash to access such databases. As a quick experiment, go to Vigilant’s NVLS registration page, click on the drop-down menu beside “Agency name,” and scroll down. Trust us, you’ll get bored by the staggering list of police departments before you reach the bottom.

Which brings us to an axiom of our digital age: law enforcement will exploit any database built, if it makes it easier to figure out what the rest of us are up to. Lucky for them, there’s a wealth of data out there and available. Experian, one of the largest data aggregators, told the Senate Commerce Committee that “government agencies” regularly purchase information from them.

Often, those agencies don’t even have to pay for the privilege of accessing our data. In many cases, such an agency can simply issue its own subpoena (not seen by a judge) and compel companies to turn over our sensitive data. The culprit here is known as the “third party doctrine,” which some courts have aggressively (and wrongly) interpreted to mean that any information disclosed to a third party isn’t really private.

The danger of the rise of Big Data and the Internet of Things is straightforward enough. Whenever data is perpetually generated, collected, and stored, the result is going to be a virtual ATM of user information that government agencies can withdraw from with ease. Last year, for instance, local, state, and federal authorities issued 164,000 subpoenas to Verizon and more than 248,000 subpoenas to AT&T for user information, while issuing nearly 7,500 subpoenas to Google during the first half of 2013.

The Internet of Things means that, soon enough, the authorities will have yet more ways to learn yet more about us.

Big Data, Little Democracy?

Here are two obvious questions for our surveillance future: Who controls the data generated by our devices? Without doing anything except buying and installing them, do we somehow consent to having every piece of data they generate shared with Big Business and sometimes Big Brother? No one should have to isolate themselves from society and technology in the ascetic mold of Henry David Thoreau -- or more ominously, Ted Kaczynski -- to have some semblance of privacy.

In the future, even going all Jeremiah Johnson might not have the effect intended, since law enforcement could interpret your lack of a solid digital footprint as inherently suspicious. This would be like a police officer growing suspicious of a home just because it was all dark and locked up tight.

When everything is increasingly tracked and viewed through the lens of technological omniscience, what will the effect be on dissent and protest? Will security companies with risk assessment software troll through our data and crunch it to identify people they believe have the propensity to become criminals or troublemakers -- and then share that with law enforcement? (Something like it already seems to be happening in Chicago, where police are using computer analytic programs to identify people at a greater risk of violent behavior.)

There’s simply no way to forecast how these immense powers -- disproportionately accumulating in the hands of corporations seeking financial advantage and governments craving ever more control -- will be used. Chances are Big Data and the Internet of Things will make it harder for us to control our own lives, as we grow increasingly transparent to powerful corporations and government institutions that are becoming more opaque to us.

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FOCUS | Obama Just Opened the Door for Snowden's Immunity Print
Tuesday, 25 March 2014 13:25

Maiello writes: "This is the very essence of whistleblowing. Snowden brought information to the public so that the public could reasonably demand changes from its leaders."

Edward Snowden. (illustration: Jason Seiler/TIME)
Edward Snowden. (illustration: Jason Seiler/TIME)


Obama Just Opened the Door for Snowden's Immunity

By Michael Maiello, Esquire

25 March 14

 

oday, Charlie Savage at The New York Times reports that the Obama administration will propose the end of the NSA's bulk data collection program, replacing it with a more targeted, more thoroughly court supervised alternative. It is an imperfect solution for those who suspect that the FISA court is too eager to grant such requests but Marc Rotenberg, executive director of the Electronic Privacy Information Center, told the paper that this was "a sensible outcome."

As we are a good way through Obama's second term as president, I think it's more than fair to say that we would not be here, at the cusp of sensibility, without the actions of Edward J. Snowden, the former NSA contractor who now lives in Russia under the protection of Vladimir Putin. Snowden took and released an uncounted number of sensitive documents from his employers and is responsible for disclosing the breadth and scope of the NSA's global telecommunications surveillance program. Had the details of this program remained rumor and whisper as they were for the bulk of Obama's tenure, it's a fair bet that nothing would be changing now.

This is the very essence of whistleblowing. Snowden brought information to the public so that the public could reasonably demand changes from its leaders. Obama was seemingly happy to ignore the surveillance issue until forced, much as he was seemingly happy to hold an ambiguous view on same sex marriage until public opinion made vagaries impossible.

The knock on Snowden's whistleblowing is that he revealed details of the government's legal activities. The Times makes clear that this is a problematic claim, at best:

"It was part of the secret surveillance program that President George W. Bush unilaterally put in place after the terrorist attacks of Sept. 11, 2001, outside of any legal framework or court oversight.

In 2006, as part of a broader Bush administration effort to put its programs on a firmer legal footing, the Justice Department persuaded the surveillance court to begin authorizing the program."

So far as legality goes you have the Bush administration grabbing power by using the broadest possible interpretation of one part of a massive post-crisis law and then persuading a secret court that acts with little public oversight to bless it. Then Obama just went along with the momentum. The legality here is hardly as thoroughly debated as say, the separation of church and state or Obamacare.

Late last year there was some talk that Snowden could be granted amnesty in exchange for returning whatever other documents were in his possession and cooperating to help the government's security agencies not fall prey to other employees and contractors. This was shot down by the White House. Spokesman Jay Carney insisted: "Mr. Snowden has been accused of leaking classified information and he faces felony charges here in the United States. He should be returned to the United States as soon as possible, where he will be accorded full due process in our system."

But all crimes have a context. It might be convenient for the criminal to claim they were acting in the public's interest and it might be rare but Obama's proposal is clearly an admission that Snowden broke the law to identify government activities that should, at the very least, be radically changed.

Obama has a lot of options here. The smart choice is to offer Snowden immunity in exchange for his future cooperation. If the intelligence services are going to continue to outsource classified functions, then Snowden has a lot to offer in terms of protecting legal and necessary secrets. Another is a blanket pardon. Less good but still acceptable is an agreement to commute whatever sentences Snowden receives, should he agree to stand trial.

When the government operates in secret, there is little hope for change. The public can have no opinion about what it doesn't know. Obama's proposal is an admission that Snowden was right. It doesn't make sense to insist that the citizen who prodded his recalcitrant government into action should be punished.

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FOCUS | Obama's New NSA Proposal and Democratic Partisan Hackery Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>   
Tuesday, 25 March 2014 10:35

Greenwald writes: "I vividly recall the first time I realized just how mindlessly and uncritically supportive of President Obama many Democrats were willing to be."

President Barack Obama looks on during a speech to Marines at Camp Lejeune, North Carolina, February 27, 2009. (photo: Jim Young/Reuters)
President Barack Obama looks on during a speech to Marines at Camp Lejeune, North Carolina, February 27, 2009. (photo: Jim Young/Reuters)


Obama's New NSA Proposal and Democratic Partisan Hackery

By Glenn Greenwald, The Intercept

25 March 14

 

vividly recall the first time I realized just how mindlessly and uncritically supportive of President Obama many Democrats were willing to be. In April, 2009, two federal courts, in a lawsuit brought by the ACLU, ruled that the Freedom of Information Act (FOIA) required the Pentagon to disclose dozens of graphic photos it possessed showing abuse of detainees in Iraq and Afghanistan. The Obama administration announced that, rather than contest or appeal those rulings, they would comply with the court orders and release all the photos. The ACLU praised that decision: “the fact that the Obama administration opted not to seek further review is a sign that it is committed to more transparency.”

This decision instantly turned into a major political controversy. Bush-era neocons, led by Bill Kristol and Liz Cheney, excoriated Obama, arguing that release of the photos would endanger American troops and depict the US in a negative light; Cheney expressly accused Obama of “siding with the terrorists” by acquiescing to the ruling. By contrast, Democrats defended Obama on the ground that the disclosures were necessary for transparency and the rule of law, and they attacked the neocons for wanting to corruptly hide evidence of America’s war crimes. I don’t think there was a single Democratic official, pundit, writer, or blogger who criticized Obama for that decision.

But then – just two weeks later – Obama completely reversed himself, announcing that he would do everything possible to block the court order and prevent it from taking effect. ABC News described Obama’s decision as “a complete 180.” More amazingly still, Obama adopted the exact arguments that Bill Kristol and Liz Cheney were making over the prior two weeks to attack him specifically and transparency generally: to justify his desire to suppress this evidence, Obama said that “the most direct consequence of releasing the [photos], I believe, would be to further inflame anti-American opinion and to put our troops in danger.”

Now, obviously, the people who had been defending Obama’s original pro-transparency position (which included the ACLU, human rights groups, and civil liberties writers including me) changed course and criticized him. That’s what rational people, by definition, do: if a political official takes a position you agree with, then you support him, but when he does a 180-degree reversal and takes the exact position that you’ve been disagreeing with, then you oppose him. That’s just basic. Thus, those of us who originally defended Obama’s decision to release the photos turned into critics once he took the opposite position – the one we disagreed with all along – and announced that he would try to suppress the photos.

But that’s not what large numbers of Democrats did. Many of them first sided with Obama when his administration originally announced he’d release the photos. But then, with equal vigor, they also sided with Obama when – a mere two weeks later – he took the exact opposition position, the very anti-transparency view these Democrats had been attacking all along when voiced by Bill Kristol and Liz Cheney.

At least for me, back then, that was astonishing to watch. It’s one thing to strongly suspect that people are simply adopting whatever views their party’s leader takes. But this was like the perfect laboratory experiment to prove that: Obama literally took exact opposition positions in a heated debate within a three week period and many Democrats defended him when he was on one side of the debate and then again when he switched to the other side.

When Democrats were defending Obama’s decision to suppress the photos, I kept asking whether there was a single one of them – just one – who had criticized Obama two weeks earlier when his administration announced they’d released the photos. After all, if they really believed (as they were now claiming) that suppressing the photos was the right thing to do because their release would endanger the troops, shouldn’t they have been objecting when Obama two weeks earlier said he’d release them?

I never found one Democrat defending Obama’s photo suppression who had criticized him earlier when he said he’d release them. That’s when I fully internalized that many Democrats literally had no actual political beliefs other than we support Obama in everything that he does, even when he takes precisely opposite positions in a three week period (most amazingly of all, Obama ultimately succeeded in suppressing the photos – which still have never been seen – not by successfully appealing the court order, but by supporting and then signing into law an amendment to the 40-year old FOIA - sponsored by Joe Lieberman and Lindsey Graham - that simply exempted the photos from the law).

We’re now about to have a similar lab experiment, this time in the context of the NSA. The New York Times‘ Charlie Savage reported last night that Obama “is preparing to unveil a legislative proposal for a far-reaching overhaul of the National Security Agency’s once-secret bulk phone records program in a way that — if approved by Congress — would end the aspect that has most alarmed privacy advocates since its existence was leaked last year.” In sum, “the NSA would end its systematic collection of data about Americans’ calling habits.”

This proposal differs in significant respects from the incredibly vague and cosmetic “reforms” Obama suggested in his highly touted NSA speech in January. Although bereft of details, it was widely assumed that Obama’s January proposal would not end the bulk data collection program at all, but rather simply shift it to the telecoms, by simultaneously requiring that the telecoms keep all calling records for 5 years(the amount of time the NSA now keeps those records) and make them available to the government on demand. But under Obama’s latest proposal, the telecoms “would not be required to retain the data for any longer than they normally would” (the law currently requires 18 month retention) and “the NSA could obtain specific records only with permission from a judge, using a new kind of court order.”

As always with Obama, it remains to be seen whether his words will be followed by any real corresponding actions. That he claims to support a bill does not mean he will actually try to have Congress enact it. The details, still unknown, matter a great deal. And even if this did end the domestic bulk collection spying program, it would leave undisturbed the vast bulk of the NSA’s collect-it-all system of suspicionless spying.

Nonetheless, this clearly constitutes an attempt by Obama to depict himself as trying to end the NSA’s domestic bulk surveillance program, which was the first program we reported with Snowden documents. I agree with the ACLU’s Jameel Jaffer, who told the New York Times: “We have many questions about the details, but we agree with the administration that the NSA’s bulk collection of call records should end.”

This new proposal would not, as some have tried to suggest, simply shift the program to telecoms. Telecoms – obviously – already have their customers’ phone records, and the key to any proposal is that it not expand the length of time they are required to retain those records (though telecoms only have their specific customers’ records, which means that – unlike the current NSA program – no one party would hold a comprehensive data base of all calls). As reported by Savage, Obama’s proposal does nothing to change how long telecoms keep these records (“the administration considered and rejected imposing a mandate on phone companies that they hold on to their customers’ calling records for a period longer than the 18 months that federal regulations already generally require”). That’s why, if enacted as he’s proposing it, Obama’s plan could actually end the NSA’s bulk collection program.

That puts hard-core Obama loyalists and pro-NSA Democrats – the ones that populate MSNBC – in an extremely difficult position. They have spent the last 10 months defending the NSA (i.e., defending Obama) by insisting that the NSA metadata program is both reasonable and necessary to Keep Us Safe. But now Obama claims he wants to end that very same program. So what will they do?

If they had even an iota of integrity or intellectual honesty, they would instantly and aggressively condemn Obama. After all, he’s now claiming to want to end a program that they have been arguing for months is vital in Keeping Us Safe. Wouldn’t every rational person, by definition, criticize a political leader who wants to abolish a program that they believe is necessary to stop terrorism and preserve national security?

But that’s not what will happen. After spending months praising the NSA for responsibly overseeing this critical program, they will now hail Obama for trying to end it. When he secretly bulk collects the calling data on all Americans, it shows he’s a pragmatic and strong leader who Keeps Us Safe; when he tries to end the very same program, it shows he’s flexible and devoted to our civil liberties — just as he was right to release the torture photos and also right to suppress them. The Leader is right when he does X, and he’s equally right when he does Not X. That’s the defining attribute of the mindset of a partisan hack, an authoritarian, and the standard MSNBC host.

As for the substantive reform, the fact that the President is now compelled to pose as an advocate for abolishing this program – the one he and his supporters have spent 10 months hailing – is as potent a vindication of Edward Snowden’s acts and the reporting he enabled. First, a federal court found the program unconstitutional. Then, one of the President’s own panels rejected the NSA’s claim that it was necessary in stopping terrorism, while another explicitly found the program illegal. And now the President himself depicts himself as trying to end it. Whatever test exists for determining whether “unauthorized” disclosures of classified information are justified, Snowden’s revelations pass the test with ease. That President Obama now proclaims the need to end a domestic spying program that would still be a secret in the absence of Snowden’s whistleblowing proves that quite compellingly.


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Meet the Americans Who Put Together the Coup in Kiev Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=5494"><span class="small">Steve Weissman, Reader Supported News</span></a>   
Tuesday, 25 March 2014 08:10

Weissman writes: "If the US State Department's Victoria Nuland had not said 'Fuck the EU,' few outsiders at the time would have heard of Ambassador Geoffrey Pyatt, the man on the other end of her famously bugged telephone call."

Geoffrey R. Pyatt, is the current United States Ambassador to Ukraine. (illustration: AP)
Geoffrey R. Pyatt, is the current United States Ambassador to Ukraine. (illustration: AP)


Meet the Americans Who Put Together the Coup in Kiev

By Steve Weissman, Reader Supported News

25 March 14

 

f the US State Department's Victoria Nuland had not said "Fuck the EU," few outsiders at the time would have heard of Ambassador Geoffrey Pyatt, the man on the other end of her famously bugged telephone call. But now Washington's man in Kiev is gaining fame as the face of the CIA-style "destabilization campaign" that brought down Ukraine's monumentally corrupt but legitimately elected President Viktor Yanukovych.

"Geoffrey Pyatt is one of these State Department high officials who does what he’s told and fancies himself as a kind of a CIA operator," laughs Ray McGovern, who worked for 27 years as an intelligence analyst for the agency. "It used to be the CIA doing these things," he tells Democracy Now. "I know that for a fact." Now it's the State Department, with its coat-and-tie diplomats, twitter and facebook accounts, and a trick bag of goodies to build support for American policy.

A retired apparatchik, the now repentant McGovern was debating Yale historian Timothy Snyder, a self-described left-winger and the author of two recent essays in The New York Review of Books – "The Haze of Propaganda" and "Fascism, Russia, and Ukraine." Both men speak Russian, but they come from different planets.

On Planet McGovern – or my personal take on it – realpolitik rules. The State Department controls the prime funding sources for non-military intervention, including the controversial National Endowment for Democracy (NED), which Washington created to fund covert and clandestine action after Ramparts magazine and others exposed how the CIA channeled money through private foundations, including the Ford Foundation. State also controls the far-better-funded Agency for International Development (USAID), along with a growing network of front groups, cut-outs, and private contractors. State coordinates with like-minded governments and their parallel institutions, mostly in Canada and Western Europe. State's "democracy bureaucracy" oversees nominally private but largely government funded groups like Freedom House. And through Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland, State had Geoff Pyatt coordinate the coup in Kiev.

The CIA, NSA, and Pentagon likely provided their specialized services, while some of the private contractors exhibited shadowy skill sets. But if McGovern knows the score, as he should, diplomats ran the campaign to destabilize Ukraine and did the hands-on dirty work.

Harder for some people to grasp, Ambassador Pyatt and his team did not create the foreign policy, which was – and is – only minimally about overthrowing Ukraine's duly elected government to "promote democracy." Ever since Bill Clinton sat in the Oval Office, Washington and its European allies have worked openly and covertly to extend NATO to the Russian border and Black Sea Fleet, provoking a badly wounded Russian bear. They have also worked to bring Ukraine and its Eastern European neighbors into the neoliberal economy of the West, isolating the Russians rather than trying to bring them into the fold. Except for sporadic resets, anti-Russian has become the new anti-Soviet, and "strategic containment" has been the wonky word for encircling Russia with our military and economic power.

Nor did neoconservatives create the policy, no matter how many progressive pundits blame them for it. NED provides cushy jobs for old social democrats born again as neocons. Pyatt's boss, Victoria Nuland, is the wife and fellow-traveler of historian Robert Kagan, one of the movement's leading lights. And neocons are currently beating the war drums against Russia, as much to scupper any agreements on Syria and Iran as to encourage more Pentagon contracts for their friends and financial backers. But, encircling Russia has never been just a neocon thing. The policy has bi-partisan and trans-Atlantic support, including the backing of America's old-school nationalists, Cold War liberals, Hillary hawks, and much of Obama's national security team.

No matter that the policy doesn’t pass the giggle test. Extending NATO and Western economic institutions into all of a very divided Ukraine had less chance of working than did hopes in 2008 of bringing Georgia into NATO, which could have given the gung-ho Georgian president Mikheil Saakashvilli the treaty right to drag us all into World War III. To me, that seemed like giving a ten-year-old the keys to the family Humvee.

Western provocations in Ukraine proved more immediately counterproductive. They gave Vladimir Putin the perfect opportunity for a pro-Russian putsch in Crimea, which he had certainly thought of before, but never as a priority. The provocations encouraged him to stand up as a true Russian nationalist, which will only make him more difficult to deal with. And they gave him cover to get away with that age-old tool of tyrants, a quickie plebiscite with an unnecessary return to Joseph Stalin's old dictum once popular in my homestate of Florida: "It's not the votes that count, but who counts the votes."

Small "d" democrats should shun such pretense. Still, most journalists and pollsters on the scene report that – with the exception of the historic Tatar community – the majority of Crimeans want to join the Russian Federation, where they seem likely to stay.

Tensions will also grow as the US-picked interim prime minister Arseniy Yatsenyuk – our man "Yats" – joins with the IMF to impose a Greek, Spanish, or Italian style austerity. Hard-pressed Ukranians will undoubtedly fight back, especially in the predominantly Russian-speaking east. According to Der Spiegel, a whopping three quarters of the people there do not support the coup or government. What a tar patch! A domestic conflict that could split Ukraine in two will inevitably become even further embroiled in the geo-strategic struggle between Russia and the West.

On Planet Snyder, as in most Western media, these realistic considerations make absolutely no difference. Ideology rules, masked as idealism. Fine sounding abstractions fill the air. Ukrainians are making their own history. They are acting with great courage. They are seeking the rule of law and their rightful place in "European Civilization." They are defending "sovereignty" and "territorial integrity." Russians remain vicious. Big bad Vlad is the new Hitler. He is seeking his own Eurasian empire (as opposed to NATO's), which could soon include parts of Moldova, Belarus, and Kazakhstan that the West needs like a "lok in kop," a hole in the head. And those watching in the West must abandon what Snyder calls "our slightly self-obsessed notions of how we control or don't control everything."

"It was a classic popular revolution," proclaims the professor. An undeniably popular uprising against "an unmistakably reactionary regime."

Writing in The Nation, Professor Stephen Cohen shreds Snyder's argument. My concern is more pointed. Popular uprisings deserve our support or opposition depending on who comes to control them and to what ends. As McGovern puts it, "The question is: Who took them over? Who spurred them? Who provoked them for their own particular strategic interests?"

Detailed evidence provides the answers. For all the courage of the Ukrainian minority who took to the barricades, US Ambassador Geoffrey Pyatt and his team spurred the protests in Kiev and exercised extensive – though never complete – control over them. Tactically, Pyatt and his fellow diplomats showed unexpected skill. Strategically, they should have stayed home.

Revolution on Demand

Arriving in the Ukrainian capital on August 3, Pyatt almost immediately authorized a grant for an online television outlet called Hromadske.TV, which would prove essential to building the Euromaidan street demonstrations against Yanukovych. The grant was only $43,737, with an additional $4,796 by November 13. Just enough to buy the modest equipment the project needed.

Many of Hromadske's journalists had worked in the past with American benefactors. Editor-in-chief Roman Skrypin was a frequent contributor to Washington's Radio Free Europe / Radio Liberty and the US-funded Ukrayinska Pravda. In 2004, he had helped create Channel 5 television, which played a major role in the Orange Revolution that the US and its European allies masterminded in 2004.

Skrypin had already gotten $10,560 from George Soros's International Renaissance Foundation (IRF), which came as a recommendation to Pyatt. Sometime between December and the following April, IRF would give Hromadske another $19,183.

Hromadske's biggest funding in that period came from the Embassy of the Netherlands, which gave a generous $95,168. As a departing US envoy to the Hague said in a secret cable that Wikileaks later made public, "Dutch pragmatism and our similar world-views make the Netherlands fertile ground for initiatives others in Europe might be reluctant, at least initially, to embrace."

For Pyatt, the payoff came on November 21, when President Yanukovych pulled back from an Association Agreement with the European Union. Within hours Hromadske.TV went online and one of its journalists set the spark that brought Yanukovych down.

"Enter a lonely, courageous Ukrainian rebel, a leading investigative journalist," writes Snyder. "A dark-skinned journalist who gets racially profiled by the regime. And a Muslim. And an Afghan. This is Mustafa Nayem, the man who started the revolution. Using social media, he called students and other young people to rally on the main square of Kiev in support of a European choice for Ukraine."

All credit to Nayem for his undeniable courage. But bad, bad history. Snyder fails to mention that Pyatt, Soros, and the Dutch had put Web TV at the uprising's disposal. Without their joint funding of Hromadske and its streaming video from the Euromaidan, the revolution might never have been televised and Yanukovych might have crushed the entire effort before it gained traction.

For better or for worse, popular uprisings have changed history long before radio, television, or the Internet. The new technologies only speed up the game. Pyatt and his team understood that and masterfully turned soft power and the exercise of free speech, press, and assembly into a televised revolution on demand, complete with an instant overdub in English. Soros then funded a Ukrainian Crisis Media Center "to inform the international community about events in Ukraine," and I'm still trying to track down who paid for Euromaidan PR, the website of the Official Public Relations Secretariat for the Headquarters of the National Resistance.

Orange Revolution II

Preparing the uprising started long before Pyatt arrived in country, and much of it revolved around a talented and multi-lingual Ukrainian named Oleh Rybachuk, who had played several key roles in the Orange Revolution of 2004. Strangely enough, he recently drew attention when Pando, Silicon Valley's online news site, attacked journalist Glenn Greenwald and the investor behind his new First Look Media, eBay founder Pierre Omidyar. Trading brickbats over journalistic integrity, both Pando and Greenwald missed the gist of the bigger story.

In 2004, Rybachuk headed the staff and political campaign of the US-backed presidential candidate Victor Yushchenko. As the generally pro-American Kyiv Post tells it, the shadowy Rybachuk was Yushchenko's "alter ego" and “the conduit” to the State Security Service, which "was supplying the Yushchenko team with useful information about Yanukovych's actions." Rybachuk went on to serve under Yushchenko and Tymoshenko as deputy prime minister in charge of integrating Ukraine into NATO and the European Union. In line with US policy, he also pushed for privatization of Ukraine's remaining state-owned industries.

Despite US and Western European backing, the government proved disastrous, enabling its old rival Yanukovych to win the presidency in the 2010 election. Western monitors generally found the election "free and fair," but no matter. The Americans had already sowed the seeds either to win Yanukovych over or to throw him over, whichever way Washington and its allies decided to go. As early as October 2008, USAID funded one of its many private contractors – a non-profit called Pact Inc. – to run the "Ukraine National Initiatives to Enhance Reforms" (UNITER). Active in Africa and Central Asia, Pact had worked in Ukraine since 2005 in campaigns against HIV/AIDS. Its new five-year project traded in bureaucratic buzzwords like civil society, democracy, and good governance, which on the public record State and USAID were spending many millions of dollars a year to promote in Ukraine.

Pact would build the base for either reform or regime change. Only this time the spin-masters would frame their efforts as independent of Ukraine's politicians and political parties, whom most Ukrainians correctly saw as hopelessly corrupt. The new hope was "to partner with civil society, young people, and international organizations" – as Canada's prestigious Financial Post later paraphrased no less an authority than Secretary of State Hillary Clinton.

By 2009, Pact had rebranded the pliable Rybachuk as "a civil society activist," complete with his own NGO, Center UA (variously spelled Centre UA, Tsenter UA, or United Actions Center UA). Pact then helped Rybachuk use his new base to bring together as many as 60 local and national NGOs with activists and leaders of public opinion. This was New Citizen, a non-political "civic platform" that became a major political player. At the time, Pact and Soros's IRF were working in a joint effort to provide small grants to some 80 local NGOs. This continued the following year with additional money from the East Europe Foundation.

"Ukraine has been united by common disillusionment," Rybachuk explained to the Kyiv Post. "The country needs a more responsible citizenry to make the political elite more responsible."

Who could argue? Certainly not Rybachuk's Western backers. New Citizen consistently framed its democracy agenda as part of a greater integration within NATO, Europe, and the trans-Atlantic world. Rybachuk himself would head the "Civil Expert Council" associated with the EU-Ukraine Cooperation Committee.

Continuing to advise on "strategic planning," in May 2010 Pact encouraged New Citizen "to take Access to Public Information as the focus of their work for the next year." The coalition campaigned for a new Freedom of Information law, which passed. Pact then showed New Citizen how to use the law to boost itself as a major player, organize and train new activists, and work more closely with compliant journalists, all of which would seriously weaken the just-elected Yanukovych government. Part of their destabilization included otherwise praiseworthy efforts, none more so than the movement to "Stop Censorship."

"Censorship is re-emerging, and the opposition is not getting covered as much,” Rybachuk told the Kyiv Post in May 2010. He was now "a media expert" as well as civic activist. “There are some similarities to what Vladimir Putin did in Russia when he started his seizure of power by first muzzling criticism in the media.”

One of Rybachuk's main allies in "Stop Censorship" was the journalist Sergii Leshchenko, who had long worked with Mustafa Nayem at Ukrayinska Pravda, the online newsletter that NED publicly took credit for supporting. NED gave Leshchenko its Reagan Fascell Democracy Fellowship, while New Citizen spread his brilliant exposés of Yanukovych's shameless corruption, focusing primarily on his luxurious mansion at Mezhyhirya. Rybachuk's Center UA also produced a documentary film featuring Mustafa Nayem daring to ask Yanukovych about Mezhyhirya at a press conference. Nothing turned Ukrainians – or the world – more against Yanukovych than the concerted exposure of his massive corruption. This was realpolitik at its most sophisticated, since the US and its allies funded few, if any, similar campaigns against the many Ukrainian kleptocrats who favored Western policy.

Under the watchful eye of Pact, Rybachuk's New Citizen developed a project to identify the promises of Ukrainian politicians and monitor their implementation. They called it a "Powermeter" (Vladometer), an idea they took from the American website "Obamameter." Funding came from the US Embassy, through its Media Development Fund, which falls under the State Department's Bureau of Democracy, Human Rights, and Labor. Other money came from the Internews Network, which receives its funding from the State Department, USAID, the United States Institute of Peace (USIP) and a wide variety of other government agencies, international organizations, and private donors. Still other money came from Soros's IRF.

New Citizen and its constituent organizations then brought together 150 NGOs from over 35 cities, along with activists and journalists like Sergii Leschchenko, to create yet another campaign in 2011. They called it the Chesno Movement, from the Ukrainian word for "honestly. " Its logo was a garlic bulb, a traditional disinfectant widely believed to ward off evil. The movement's purpose was "to monitor the political integrity of the parliamentary candidates running in the 2012 elections."

This was a mammoth project with the most sophisticated sociology. As expected, the Chesno monitoring found few honest politicians. But it succeeded in raising the issue of public integrity to new heights in a country of traditionally low standards and in building political interest in new areas of the country and among the young. The legislative elections themselves proved grim, with President Yanukovych's Party of the Regions taking control of parliament.

What then of all New Citizen's activism, monitoring, campaigning, movement-building, and support for selective investigative journalism? Where was all this heading? Rybachuk answered the question in May 2012, several months before the election.

"The Orange Revolution was a miracle, a massive peaceful protest that worked," he told Canada's Financial Post. "We want to do that again and we think we will.”

He Who Pays the Piper

Rybachuk had good reason for his revolutionary optimism. His Western donors were upping the ante. Pact Inc. commissioned a financial audit for the Chesno campaign, covering from October 2011 to December 2012. It showed that donors gave Rybachuk's Center UA and six associated groups some $800,000 for Chesno. PACT, which regularly got its money from USAID, contributed the lion's share, $632,813, though part of that came from the Omidyar Network, a foundation set up by Pierre and his wife.

In a March 12th press release, the network tried to explain its contributions to Rybachuk's Center UA, New Citizen, and the Chesno Movement. These included a two-year grant of $335,000, announced in September 2011, and another $769,000, committed in July 2013. Some of the money went to expand Rybachuk's technology platforms, as New Citizen explained.

"New Citizen provides Ukrainians with an online platform to cooperatively advocate for social change. On the site, users can collectively lobby state officials to release of public information, participate in video-advocacy campaigns, and contribute to a diverse set of community initiatives," they wrote. "As a hub of social justice advocates in Kiev, the organization hopes to define the nation’s 'New Citizen' through digital media."

Omidyar's recent press release listed several other donors, including the USAID-funded Pact, the Swiss and British embassies, the Swedish International Development Cooperation Agency, the National Endowment for Democracy, and Soros's International Renaissance Foundation. The Chesno Movement also received money from the Canadian International Development Agency (CIDA).

Figures for fiscal year 2013 are more difficult to track. Washington's foreignassistance.gov shows USAID paying PACT in Ukraine over $7 million under the general category of "Democracy, Human Rights, and Governance." The data does not indicate what part of this went to Center UA, New Citizen, or any of their projects.

What should we make of all this funding? Some of it looks like private philanthropy, as back in the days when the CIA channeled its money through foundations. Was the Soros and Omidyar money truly private or government money camouflaged to look private? That has to remain an open question. But, with Rybachuk's campaigns, it makes little difference. USAID and other government funding dominated. The US Embassy, through Pact, coordinated most of what Rybachuk did. And, to my knowledge, neither Soros nor Omidyar ever broke from the State Department's central direction.

Strategic Containment, OK?

When Ambassador Pyatt arrived in Kiev, he inherited Pact and its Rybachuk network well on its way to a second Orange Revolution, but only if they thought they needed it to win integration into Europe. That was always the big issue for the State Department and the Ukrainian movement they built, far more telling than censorship, corruption, democracy, or good governance. As late as November 14, Rybachuk saw no reason to take to the streets, fully expecting Yanukovych to sign the Association Agreement with the European Union at a November 28-29 summit in Vilnius. On November 21, Yanukovych pulled back, which Rybachuk saw as a betrayal of government promises. That is what "brought people to the streets," he told Kyiv Post. "It needed to come to this."

Euromaidan would become a "massive watchdog," putting pressure on the government to sign the association and free trade deal with the EU, he said. "We'll be watching what the Ukrainian government does, and making sure it does what it has to do."

That is where the State Department’s second Orange Revolution started. In my next article, I'll show where it went from there and why.



A veteran of the Berkeley Free Speech Movement and the New Left monthly Ramparts, Steve Weissman lived for many years in London, working as a magazine writer and television producer. He now lives and works in France, where he is researching a new book, "Big Money and the Corporate State: How Global Banks, Corporations, and Speculators Rule and How to Nonviolently Break Their Hold."

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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Recalled to Life Print
Monday, 24 March 2014 14:13

Hedges writes: "Those with jobs worry about being laid off. Some live in terror that creditors, or the state, will electronically empty their meager bank accounts for debts they owe."

 (photo: Blake Bolinger/CC BY 2.0)
(photo: Blake Bolinger/CC BY 2.0)


Recalled to Life

By Chris Hedges, TruthDig

24 March 14

 

e’s going to be 11 when [his father] gets out,” she says. “Liam wants to know if he’s going to be in his life. I can’t give him an answer. It’s really sad that for $578 [the father is] sitting in prison for nine years. I’m not condoning what he did. He did it. He’s guilty, but nine years?”

“The system is set up for us to fail,” she says. “Ten years from now I’m still just going to be a number. I’m always going to have an SBI [State Bureau of Identification] number. I’m always going to have mug shots all over the Internet. Liam’s father is going to be out when he’s 42 years old. And what the fuck is he going to do? And they expect people not to go back. What’s he going to do? I realize everyone’s got a choice, but the state won’t even help me. They’re not going to help him. I’m not saying people shouldn’t pay for what they do. Most people don’t change. I’m not going to say that they do. But some change. I fight everyday to be a better person. I fight to fit into society.”

The manager of the diner comes over to tell us he is closing in 15 minutes. He looks at Pagano. He sees she is distraught. “Take your time,” he says gently. We are drinking coffee, pouring in little containers of creamer and stirring it too long.

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