zenpundit.com

Ahem….”I told you so“.

“Congress intended to allow the intelligence communities to access targeted information for specific investigations. How can every call that every American makes or receives be relevant to a specific investigation?”

                                                             – Representative James Sensenbrenner (R-Wisconsin)
                                                                 A primary author of The Patriot Act 

“We have not yet seen any evidence showing that the NSA’s dragnet collection of Americans’ phone records has produced any uniquely valuable intelligence. Gen. Alexander’s testimony yesterday suggested that the NSA’s bulk phone records collection program helped thwart ‘dozens’ of terrorist attacks, but all of the plots that he mentioned appear to have been identified using other collection methods. The public deserves a clear explanation”

                                                                 – Senators Ron Wyden (D- Oregon) and Mark Udall (D- Colorado)

“What I learned from our journalists should alarm everyone in this room and should alarm everyone in this country….The actions of the DoJ against AP are already having an impact beyond the specifics of this particular case. Some of our longtime trusted sources have become nervous and anxious about talking to us, even on stories that aren’t about national security. And in some cases, government employees that we once checked in with regularly will no longer speak to us by phone, and some are reluctant to meet in person. This chilling effect is not just at AP, it’s happening at other news organizations as well”

                                                               – Gary Pruitt, President of the Associated Press 

“The people who are worried about privacy have a legitimate worry….But we live in a complex world where you’re going to have to have a level of security greater than you did back in the olden days, if you will. And our laws and our interpretation of the Constitution, I think, have to change.”

                                                              – Michael Bloomberg, Mayor of New York City 

“One-party autocracy certainly has its drawbacks. But when it is led by a reasonably enlightened group of people, as China is today, it can also have great advantages.”

                                                                -Thomas Friedman, NYT Columnist 

“Toll records, phone records like this, that don’t include any content, are not covered by the fourth amendment because people don’t have a reasonable expectation of privacy in who they called and when they called, that’s something you show to the phone company. That’s something you show to many, many people within the phone company on a regular basis.”

                                                                 – James Cole, Deputy Attorney-General 

“In the abstract you can complain about Big Brother and how this is a program run amok, but when you actually look at the details, I think we’ve struck the right balance.”

                                                                 -Barack Obama, President of the United States 

While we need intelligence services, including the formidable collection capacity of the NSA, we don’t need a mammoth repository of information being continually compiled on every American, held in perpetuity by the US government.

First, the mere existence of so massive a database on the data of all Americans is itself a critical strategic vulnerability and a potential risk to the national security of the United States because it centralizes for any would be spy or hacker not just anything, but virtually *everything* they would want to know about *everyone*. The greatest testament against the strategic wisdom of this scheme from a counterintelligence perspective is the erstwhile Mr. Edward Snowden – breach just one security regime and you walk away with the whole store or as much of the store as you have time and brains to snatch.

How many Snowdens have we *not* heard about because they were quietly fired by a contractor? How many other Snowdens working for foreign intelligence services eluded government detection and got away with who knows what?  Or are still doing it now?

Not exactly a resilient system from a cybersecurity perspective, is it?

What the USG has done here is not dumb. It is fucking dumb with a capital F. Sometimes we get so caught up from a technical viewpoint in what we might be able to do that no one stops and seriously considers if we should do it. From such unasked questions come the unwanted second and third order effects we live to rue.

Unless, of course,  building a draconian comprehensive digital dragnet for a  “leaky system” is what was desired in the first place. If so, bravo gentlemen.

Which brings us to the second point: the surveillance state as currently configured in law with the legal equivalent of string and chewing gum is inimical to the long term survival of the United States as a constitutional Republic. This is not an attack on any particular person or politician or three letter agency. It’s a hard world filled with extremely bad men who would do us lasting harm, so we need our spooks, but the spooks need proper constitutional boundaries set by our elected representatives in which to operate and somewhere in the past decade we have crossed that Rubicon.

The United States of America has had a historically remarkable run of 237 years of good government and in all that time the system failed us only once. That one time cost the lives of approximately 630,000 Americans.

On a level of moral and political legitimacy, we have created a bureaucratic-technological machine, a sleepless cyber  J. Edgar Hoover on steroids that contradicts our deeply held political values that define what America is and aspires to be. There is no way to reconcile cradle-to-grave digital dossiers on the 24/7 life of every American with the provisions of the US. Constitution. Really, an ever-watching state was not in the cards at our Constitutional Convention, even with the delegates like Alexander Hamilton who privately thought George Washington might make a fine King.

On a more pragmatic level, in creating the SIGINT-cyber surveillance state we have made not an idiot-proof system, but an idiot-enabling one that represents an enormous potential reserve of power that will be an unbearable temptation for misuse and abuse. The long, bloody and sordid record of human nature indicates that someone, eventually, will not be able to resist that temptation but will be smart enough to get away with it. If we are greatly fortunate, it will be a lazy person of limited vision looking merely to enrich themselves and their friends. Or a malevolent minor bureaucrat like Lois Lerner looking to punish “the little people” who raised her ire.  If we are unlucky, it will be a gifted figure of ill intent and outsized ambitions, an American Caesar.

Or an American Stalin.

In the long term, our Democracy will not be healthy when the government – that is, the Executive – monitors everyone and stores everything  we do forever. While most of us are not that interesting, reporters, public figures, newspaper publishers, members of Congress, aspiring politicians, their campaign donors,  judges, dissenters, writers and so on are very interesting to people in power. The Congress, for example, cannot do it’s job properly when it’s cloakroom is bugged and their email is read anymore than can the editorial office of the Associated Press. What we have built, if it existed in a foreign country, would be frankly described as a “Deep State“.  Nations with deep states are not pleasant places to live and they usually do not work well. At best, they look like Russia and Turkey, at worst they look like Pakistan and Iran.

Rolling the surveillance state back to targeting foreign enemies, it’s proper and constitutional role, instead of every American citizen – yes, we are all, every man, woman and child of every race, creed, color and political persuasion being treated as potential enemies by the Federal government – is up to us and only us.  Tell your Congressman, your Senator and the President what you think in a respectful and thoughtful way – and then make this an issue that decides your vote.

If we do nothing, we have no one to blame but ourselves for what comes next. We can at least console ourselves with pride in the fact that the US had a good go at making freedom work unequaled in world history, but that democracy may had had it’s time.  Others in the distant future, may profit from our example the way we learned from Athens, Rome and Britain. Or we can leave while the door still remains open.

Enjoy your Fourth.

                                                “Well, Doctor, what have we got, a republic or a monarchy?”

                                                                      – Mrs. Powell

                                             ” A Republic, if you can keep it”

                                                                      – Benjamin Franklin
                                                                         Signer of the Declaration of Independence
                                                                         Delegate, Constitutional Convention

Top Billing! John Robb  DATA Dystopia. The NSA Scandal and Beyond. , Iran, Cyberwar, and the Perils of Lazy Thinking , and Canada Makes the Automation of Tyranny Easier 

John went from near blog dormancy to en fuego in a week.

….It’s safe to say that at the end of the day, there’s not much you can do without big brother detecting it.

So, should you be worried?  Of course.  There’s all sorts of nightmare scenarios that can emerge from this collection effort can enable the automation of tyranny (and that’s a very bad thing).

What do I find interesting about this situation?  

First off, it’s amazing how few people care about freedom and privacy.  In short, people have become so dependent on the bureaucracy, they will accept nearly any insult.

Secondly, this activity is clear proof that the government security system increase views all Americans as potential enemies.  It’s also a good indicator that people inside the system don’t have the backbone/character to stop this type of gross infringement from occurring (NOTE:  I don’t know what Snowden’s motivation was, so I’m not holding him up as a example).  We saw something similar with torture a couple of years ago.

Thirdly, this scandal is a good milestone on the decline of the national security system.  Simply, when the costs of it (snooping) far outweigh any potential benefit (protection), it needs to go.  Further, since the nation-state derives most of its legitimacy from its ability to deliver security to citizens, this failure is more proof that the nation-state is in decline as a form of governance.

Finally, unless something drastic occurs, this type of data will NEVER be deleted.  It’s there forever.  It will be used against you decades from now.  How it could be used against you is a matter of speculation today, but due to software automation, it could be used to do very bad things against a great many people in a very systematic way. 

Pundita – 2006: NSA Killed System That Sifted Phone Data Legally (ThinThread) , Classifed documents reveal “top secret rules that allow NSA to use US data without a warrant.” New Guardian report. , Ed Snowden is a transgender CIA operative from outer space: America’s Tin Foil Hat Tribe gets to the bottom of the NSA Affair 

 The National Security Agency developed a pilot program in the late 1990s that would have enabled it to gather and analyze massive amounts of communications data without running afoul of privacy laws. But after the Sept. 11 attacks, it shelved the project — not because it failed to work — but because of bureaucratic infighting and a sudden White House expansion of the agency’s surveillance powers, according to several intelligence officials.

The agency opted instead to adopt only one component of the program, which produced a far less capable and rigorous program. It remains the backbone of the NSA’s warrantless surveillance efforts, tracking domestic and overseas communications from a vast databank of information, and monitoring selected calls. 
Four intelligence officials knowledgeable about the program agreed to discuss it with The Sun only if granted anonymity because of the sensitivity of the subject. 

The program the NSA rejected, called ThinThread, was developed to handle greater volumes of information, partly in expectation of threats surrounding the millennium celebrations. Sources say it bundled together four cutting-edge surveillance tools. ThinThread would have: 

* Used more sophisticated methods of sorting through massive phone and e-mail data to identify suspect communications.

* Identified U.S. phone numbers and other communications data and encrypted them to ensure caller privacy. 

* Employed an automated auditing system to monitor how analysts handled the information, in order to prevent misuse and improve efficiency. 

* Analyzed the data to identify relationships between callers and chronicle their contacts. Only when evidence of a potential threat had been developed would analysts be able to request decryption of the records. 

An agency spokesman declined to discuss NSA operations

Small Wars Journal – Bandwidth Cascades: Escalation and Pathogen Models for Cyber Conflict Diffusion 

Adm. James Stavridis- The New Triad 

WIRED –Introducing Aaron’s Law, a Desperately Needed Reform of the Computer Fraud and Abuse Act   

Bruce Schneier –Has U.S. started an Internet war?

Foreign Policy – TOTAL RECALL 

New York Times –Web’s Reach Binds N.S.A. and Silicon Valley Leaders

Ribbonfarm –War and Nonhuman Agency

Recommended Viewing:
Daniel Suarez: The kill decision shouldn’t belong to a robot

I previously made note of the emergence of an authoritarian Creepy-state element in American government, enjoying bipartisan popularity with this era’s predominantly Boomer elite politicians, CEOs and academic activists. Largely because this growing surveillance state is directed at controlling the rest of us and eroding the democratic and legal accountability of a self-imagined superclass.

Here’s a new (but unsurprising) wrinkle. The political-bureaucratic folks quietly building this incipient machinery of coercion already distrust and fear the men and women who are employed to run it. Evidently, the “Rise of the Praetorian Class“ theory has been widely read.

US spy agency accused of illegally collecting personal data

My amigo Adam Elkus and I each have an article up at the newest issue of Pragati magazine:

Adam Elkus – Confront, Conceal, Leak 

David Sanger’s Confront and Conceal is best used as a Rosetta stone for deciphering DC discourse. Its true utility lies not in its uneven discussion of Barack Obama’s national security decisions, but in the way it reveals both mundane and alarming traits of American foreign policy debate. Sanger’s obsession with a supposed “split” between values and interests, mistaken belief that international security should be conducted according to the Golden Rule, and exposure of sensitive leaks all tell a story about the state of national security debate in 21st century Washington. Although the message is muddied and the narrator unreliable, Confront and Conceal is gripping reading.

Sanger’s self-designated task is to illuminate, through judicious research and both on and off the record interviews, the Obama administration’s struggle to operationalise its new vision of foreign policy. Sanger is at his best when exploring the way high-level officials engage in bureaucratic judo. His Obama is a canny political operator that compensates for relative inexperience with self-awareness and vigor. Even in the face of strategic surprise and bureaucratic infighting, Obama keeps a firm hand on the steering wheel. Sanger aggressively promotes a reading of Obama as driven operator rather than spectator, a portrayal that rings true when compared to other popular accounts of Obama’s foreign policy leadership style…. 

Mark Safranski –Drone invasions and cyber dystopias 

….Of the two, drones have the older history, going back almost a century to the Great War where experiments in auto-piloted planes were financed by the US Navy, but for much of the twentieth century, military applications for drones (or “remotely piloted vehicles”) were sharply limited. The technological capabilities of drones always lagged far behind the advances in manned aircraft and they were extremely vulnerable to modern anti-aircraft systems, or in some cases, small arms fire. While drones had some marginal utility for battlefield surveillance or as decoys, during the Cold War they were never the primary collection tools for sensitive intelligence that the U-2 Blackbird, listening posts and spy satellites were.

Several factors in the twenty-first century have pushed drones to the forefront as a weapon of choice for the Pentagon and the militaries of major powers. First, has been the relative decline of the probability of major interstate war since the collapse of the Soviet Union and the corresponding rise of irregular warfare in the form of insurgency by terrorists, guerrillas and rebellious tribes. Generally, these low-tech combatants reside in poor and remote areas and lack the capacity to detect or defend against drones except by concealment. Secondly, drones offer a tremendous economic advantage and battlefield return on investment (ROI) per enemy killed over advanced fighter aircraft.  A new F-22 costs $150 million to buy and $45,000 an hour just to fly with a pilot whose training costs the USAF $2.6 million; a reusable, propeller-driven Predator only costs slightly over $4 million. About the price of two and half Tomahawk cruise missiles….

I don’t think of STRATFOR as a cyber shop, generally, but this is worth a look.