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Tuesday, June 18, 2013

GAP Statement on Edward Snowden & NSA Domestic Surveillance


Government Accountability Project




GAP Statement on Edward Snowden & NSA Domestic Surveillance

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Recently, the American public learned that the National Security Agency (NSA) has conducted, and continues to conduct, wholesale surveillance of U.S. citizens through a secretive data-mining program. The program collects the phone records, email exchanges, and internet histories of tens of millions of Americans who would otherwise have no knowledge of the secret program were it not for the disclosures of recent whistleblowers. The latest of these whistleblowers to come forward is former Booz Allen Hamilton federal contractor employee, Edward Snowden.

As the nation’s leading whistleblower protection and advocacy organization, the Government Accountability Project (GAP) would like to be clear about its position on each of the following points that relate to these significant revelations:


I. SNOWDEN IS A WHISTLEBLOWER.


Snowden disclosed information about a secret program that he reasonably believed to be illegal. Consequently, he meets the legal definition of a whistleblower, despite statements to the contrary made by numerous government officials and security pundits. Sen. Rand Paul (R-Ky), Sen. Mark Udall (D-Co), Rep. Loretta Sanchez (D-Ca), Rep. Thomas Massie (R-Ky), and Sen. Bernie Sanders (I-Vt) have also expressed concern about the potential illegality of the secret program. Moreover, Rep. Jim Sensenbrenner (R-Wi) who is one of the original authors of the Patriot Act – the oft-cited justification for this pervasive surveillance – has expressed similar misgiving.

 

II. SNOWDEN IS THE SUBJECT OF CLASSIC WHISTLEBLOWER RETALIATION.


Derogatory characterizations of Snowden‘s personal character by government officials do not negate his whistleblower status. On the contrary, such attacks are classic acts of predatory reprisal used against whistleblowers in the wake of their revelations.Snowden’s personal life, his motives and his whereabouts have all been called into question by government officials and pundits engaged in the reflexive response of institutional apologists. The guilty habitually seek to discredit the whistleblower by shifting the spotlight from the dissent to the dissenter. Historically, this pattern of abuse is clear from behavior towards whistleblowers Daniel Ellsberg, Mark Felt, Frank Serpico, Jeffrey Wigand, Jesselyn Radack, and recent NSA whistleblower Tom Drake.

III. THE ISSUE IS THE MESSAGE AND NOT THE MESSENGER.


As a matter of course, whistleblowers are discredited, but what truly matters is the disclosure itself. Snowden’s revelations have sparked a public debate about the balance between privacy and security – a debate that President Obama now claims to welcome. Until Snowden’s disclosures, however, the government had suppressed the facts that would make any serious debate possible.

IV. PERVASIVE SURVEILLANCE DOES NOT MEET THE STANDARD FOR CLASSIFIED INFORMATION.


Many have condemned Snowden for disclosing classified information, but documents are classified if they reveal sources or methods of intelligence-gathering used to protect the United States from its enemies. Domestic surveillance that is pervasive and secret is only a valid method of intelligence gathering if the country’s enemies include most of its own population. Moreover, under the governing Executive Order it is not legal to classify documents in order to cover up possible misconduct.

V. THE PUBLIC HAS A CONSTITUTIONAL RIGHT TO KNOW.


In a democracy, it is simply not acceptable to discover widespread government surveillance only after a whistleblower’s revelations. Because of Snowden’s disclosures we now know that Director of National Intelligence James Clapper deliberately misled the Senate Intelligence Committee when he stated on March 12, 2013 that the NSA did not purposefully collect any type of data from millions of Americans. Regardless of the justification for this policy, the public has a Constitutional right to know about these actions.

Unfortunately, the responsibility has fallen on whistleblowers to inform the public about critical policy issues – from warrantless wiretapping to torture. Whistleblowers remain the regulator of last resort.

VI. THERE IS A CLEAR HISTORY OF REPRISAL AGAINST NSA WHISTLEBLOWERS.


By communicating with the press, Snowden used the safest channel available to him to inform the public of wrongdoing. Nonetheless, government officials have been critical of him for not using internal agency channels – the same channels that have repeatedly failed to protect whistleblowers from reprisal in the past. In many cases, the critics are the exact officials who acted to exclude national security employees and contractors from the Whistleblower Protection Enhancement Act of 2012.

Prior to Snowden’s disclosures, NSA whistleblowers Tom Drake, William Binney and J. Kirk Wiebe, all clients of GAP, used internal mechanisms – including the NSA chain of command, Congressional committees, and the Department of Defense Inspector General – to report the massive waste and privacy violations of earlier incarnations of the NSA’s data collection program. Ultimately, the use of these internal channels served only to expose Binney, Drake and Wiebe to years-long criminal investigations and even FBI raids on their homes. As one example, consider that Tom Drake was subjected to a professionally and financially devastating prosecution under the Espionage Act. Despite a case against him that ultimately collapsed, Drake was labeled an “enemy of the state” and his career ruined.

VII. WE ARE WITNESSING THE CRIMINALIZATION OF WHISTLEBLOWING.


During the last decade, the legal rights for whistleblowers have expanded for many federal workers and contractors, with the one exception of employees within the intelligence community. The rights of these employees have significantly contracted. The Obama administration has conducted an unprecedented campaign against national security whistleblowers, bringing more Espionage Act indictments than all previous administrations combined.

Moreover, at the behest of the House Intelligence Committee, strengthened whistleblower protections for national security workers were stripped from major pieces of legislation such as the Whistleblower Protection Enhancement Act (for federal employees) and the National Defense Authorization Act of 2013 (for federal contractors). If those protections existed today, Snowden’s disclosures would have stood a greater chance of being addressed effectively from within the organization.

The actions already taken against Snowden are a punitive continuation of what has become a "War on Whistleblowers." Through a series of retaliatory measures, the federal government targets federal employees who speak out against gross waste, illegality, or fraud, rather than prosecuting individuals engaged in high crimes and misdemeanors. So far as we know, not one person from the NSA has yet to suffer any consequences for ordering, justifying or participating in the NSA’s domestic spying operation.

It is the opinion of GAP that recent events suggest the full might of the Department of Justice will be leveled at Snowden, including an indictment under the Espionage Act, while those who stretched their interpretation of the Patriot Act to encompass the private lives of millions of Americans will simply continue working.

VIII. IN THE SURVEILLANCE STATE, THE ENEMY IS THE WHISTLEBLOWER.


If every action has an opposite and equal reaction, the whistleblower is that reaction within the surveillance state. Dragnet electronic surveillance is a high-tech revival of tactics used to attack the civil rights movement and political enemies of the Nixon administration. Whistleblowers famously alerted the public to past government overreach, while helping to defend both national security and civil liberties.

In contrast, secrecy, retaliation and intimidation undermine our Constitutional rights and weaken our democratic processes more swiftly, more surely, and more corrosively than the acts of terror from which they purport to protect us.

Contact: Bea Edwards, Executive Director
Phone: 202.457.0034, ext. 155
Email: BeaE@whistleblower.org
Contact: Louis Clark, President
Phone: 202. 457.0034, ext. 129
Email: LouisC@whistleblower.org
Contact: Dylan Blaylock, Communications Director
Phone: 202.457.0034, ext. 137
Email: DylanB@whistleblower.org

Tuesday, June 11, 2013

Choosing Against the Surveillance State




OpEdNews Op Eds

Choosing Against the Surveillance State


By (about the author) 


Source: Consortium News


George Orwell's image of Big Brother.



In Washington, where the state of war and the surveillance state are one and the same, top officials have begun to call for Edward Snowden's head. His moral action of whistleblowing -- a clarion call for democracy -- now awaits our responses.

After nearly 12 years of the "war on terror," the revelations of recent days are a tremendous challenge to the established order: nonstop warfare, intensifying secrecy and dominant power that equate safe governance with Orwellian surveillance.

In the highest places, there is more than a wisp of panic in rarefied air. It's not just the National Security Agency that stands exposed; it's the repressive arrogance perched on the pyramid of power.

Back here on the ground, so many people -- appalled by Uncle Sam's continual morph into Big Brother -- have been pushing against the walls of anti-democratic secrecy. Those walls rarely budge, and at times they seem to be closing in, even literally for some (as in the case of heroic whistleblower Bradley Manning). But all the collective pushing has cumulative effects.

In recent days, as news exploded about NSA surveillance, a breakthrough came into sight. Current history may not be an immovable wall; it may be on a hinge. And if we push hard enough, together, there's no telling what might be possible or achieved. The gratitude that so many of us now feel toward Edward Snowden raises the question: How can we truly express our appreciation?

A first step is to thank him -- publicly and emphatically. You can do that by clicking here to sign the "Thank NSA Whistleblower Edward Snowden" petition, which my colleagues at RootsAction.org will send directly to him, including the individual comments.

But of course saying thank-you is just one small step onto a crucial path. As Snowden faces extradition and vengeful prosecution from the U.S. government, active support will be vital -- in the weeks, months and years ahead.

Signing the thank-you petition, I ventured some optimism: "What you've done will inspire kindred spirits around the world to take moral action despite the risks." Bravery for principle can be very contagious.

Edward Snowden has taken nonviolent action to help counter the U.S. government's one-two punch of extreme secrecy and massive violence. The process has summoned the kind of doublespeak that usually accompanies what cannot stand the light of day.

So, when Snowden's employer Booz Allen put out a statement Sunday night, it was riddled with official indignation, declaring: "News reports that this individual has claimed to have leaked classified information are shocking, and if accurate, this action represents a grave violation of the code of conduct and core values of our firm."

What are the "code of conduct" and "core values" of this huge NSA contractor? The conduct of stealthy assistance to the U.S. national security state as it methodically violates civil liberties, and the values of doing just about anything to amass vast corporate profits.

The corporate-government warfare state is enraged that Edward Snowden has broken through with conduct and values that are 180 degrees in a different direction. "I'm not going to hide," he told the Washington Post on Sunday.

"Allowing the U.S. government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest."

When a Post reporter asked whether his revelations would change anything, Snowden replied: "I think they already have. Everyone everywhere now understands how bad things have gotten -- and they're talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state."

And, when the Post asked about threats to "national security," Snowden offered an assessment light-years ahead of mainline media's conventional wisdom: "We managed to survive greater threats in our history ... than a few disorganized terrorist groups and rogue states without resorting to these sorts of programs. It is not that I do not value intelligence, but that I oppose ... omniscient, automatic, mass surveillance. ... That seems to me a greater threat to the institutions of free society than missed intelligence reports, and unworthy of the costs."

Profoundly, in the early summer of 2013, with his actions and words, Edward Snowden has given aid and comfort to grassroots efforts for democracy. What we do with his brave gift will be our choice.

Norman Solomon is the author of many books, including "War Made Easy: How Presidents and Pundits Keep Spinning Us to Death," which has been adapted into a documentary film. For more information, go to: www.normansolomon.com

How to Avoid PRISM on the .NET

SALON




How to navigate the Internet around PRISM

Google and YouTube may be under NSA surveillance, but you can still surf the web without Big Brother watching




 
How to navigate the Internet around PRISM (Credit: Annette Shaff/Shutterstock.com)
 
 
This article originally appeared on The Daily Dot
 
 
The Daily Dot
Recently released National Security Agency documents indicate the U.S. government is “tapping directly into the central servers” of your favorite Internet services as part of a secret program called PRISM.

So much for those privacy policies, huh?

The Guardian and Washington Post revealed the stunning extent of the PRISM snooping operation: the NSA and FBI are monitoring Microsoft, Google, YouTube, Yahoo, Facebook, Skype, Apple, and others.

Those companies have largely denied the reports, saying they never allowed the government direct access to their servers. Government officials have admitted the program exists, however, and President Obama himself defended it as legal in a Friday morning press conference.

Naturally, privacy advocates are up in arms over the government having access to their Internet data in this way, even if officials claim PRISM only targets non-U.S. residents and citizens. These are some of the biggest companies on the Internet, and they probably know more about you and your activities than anyone else around.

Yet there are still ways you can use the Internet without having to surrender your personal information, data, and Internet habits to those firms in the program.

It might be best to use services based outside of the U.S., where the American government has no jurisdiction—bearing in mind that other governments may have their own surveillance programs, and anything you share publicly might be scooped up by security agencies anyway.

That said, here’s your guide to using the Internet without using PRISM companies.


Social networking/Instant messaging


With Facebook perhaps out of the question, Twitter might be your best answer for keeping up with your friends. The company is not included in the list of PRISM firms and has a long track record of standing up for user privacy, fighting courts on a number of occasions to avoid revealing users’ true identities. Privacy advocate group the Electronic Frontier Foundation in May awarded Twitter full marks for its efforts in protecting users from government monitoring.

Sure, Twitter was ablaze with people joking about the government tracking all your public tweets (they are stored in the Library of Congress, after all), but many Twitter employees were stunned by the news of PRISM. Meanwhile, private accounts and direct messages appear to be off limits.
Reddit is another user-friendly community. It works to protect your privacy and, like Twitter, will only divulge information it has on you if required by a court of law. Also, it only keeps IP address information for 90 days.

Elsewhere, you might opt for Internet Relay Chat or ICQ (now owned by a Russian company) to converse with friends.

For blogging, you might want to stay away from Google-owned Blogger, and Yahoo-bound Tumblr. Instead, you could write longer notes on WordPress (a self-hosted blog might be a touch more private) or LiveJournal.

 

Email

Gmail, Yahoo Mail, Apple’s email offerings, and Hotmail/Outlook are all run by PRISM companies. Alternatives include a self-hosted email option (here’s one way to do that if you run a website) and Webmail services likeZoho MailFastmail.fm (not free), HushmailLavabit, and Thunderbird. You might also want to use Zoho’s calendar tool if you prefer not to have pen and paper to plan your week.

Search

Obviously, Google, Yahoo, and Bing are out of the question for your new Internet lifestyle. There are alternative search engines that might help take you where you want to go. Blekko and DuckDuckGo are good options. For non-American services, you could use Russia’s Yandex,  or consult this useful Wikipedia list of options.

Maps

So long, Google Maps and Yahoo Maps! Privacy advocates might just be switching back to printing out 10 pages of Mapquest directions. Nokia has a mapping tool called HERE, OpenStreetMap might take your fancy, and ArcGis is a less detailed option. Apple Maps are terrible anyway.

Voice/video chat
Skype, a Microsoft entity, is on the PRISM list. You might wish to avoid Google Hangouts and Apple’s Facetime as well now. There are a few options here, such as TinychatooVoo, and meetings.io, all of which are free.

Video sharing
YouTube is out, sadly, in our Google-free guide. If you’re looking to share a video on the Internet, you might look to Dailymotion (France blocked Yahoo from buying a majority stake in it), Vimeo, or LiveleakVine, of course, is an option too if you want to share short clips.

Photo sharing
A few months back, Instagram added new terms of service that facilitates data sharing with parent company Facebook. Yahoo owns Flickr. You know the drill.
To share your photos via a non PRISM-affiliated company, you could share photos directly on Twitter, use Reddit’s tool of choice Imgur, head for DeviantArt, or go for the old staple of PhotoBucket.

Document collaboration
If you’re working with friends or colleagues on a collaborative document, you might be using Google Drive (formerly Google Docs). There are a few other options out there, not counting Microsoft’s Office 365. Zoho has a docs suite, as does Thinkfree.

File sharing


The PRISM document leaked to the Guardian and Washington Post indicated file storage and sharing service Dropbox is due to join the program soon. 
Thankfully, there are plenty of other ways to share large files without having to explode your email storage limit or mail a USB stick. Box has a few gigabytes of free storage, and Kim Dotcom’s Mega—which Dotcom bills as “the privacy company”—has 50GB of space for free (though there have been some security concerns). Wikipedia, again, has a large list

You always have the option of sending legal files to which you own the copyright through BitTorrent as well.

Operating system/smartphones


Microsoft and Apple are reputedly part of PRISM, meaning that the Windows and OS X operating systems on your computer might just be transmitting data back to the government. You might want to read up on which flavor of Linux, the most popular open source OS, fits your needs.

Likewise, iPhones, Android phones, and Windows Phones run on operating systems provided by Apple, Google, and Microsoft. You might be inclined to switch to BlackBerry, a Canadian company, or use a phone without any Internet features. Except, y’know, the government is collecting data about your phone calls, too.

If you really are truly worried about the government keeping tabs on your activities, there’s really only one option: go nuclear, disconnect everything, and go live on a secluded island for the rest of your days.