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NSA Spying Ruled Illegal, But Will Congress Save the Program Anyway? – Article by Ron Paul

NSA Spying Ruled Illegal, But Will Congress Save the Program Anyway? – Article by Ron Paul

The New Renaissance Hat
Ron Paul
May 11, 2015
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This week the Sixth Circuit Court of Appeals ruled that the NSA’s metadata collection program was not authorized in US law. The PATRIOT Act, under which the program began, was too vague, the court found. But the truth is the Act was intended to be vague so that the federal government could interpret it in the broadest possible way. But this is really more of a technicality, because illegality and unconstitutionality are really two very different things. Even if Congress had explicitly authorized the federal government to collect our phone records, that law would still be unconstitutional because the Constitution does not grant government the power to access our personal information without a valid search warrant.
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Even though the court found the NSA program illegal, it did not demand that the federal government stop collecting our information in this manner. Instead, the court kicked the ball back in Congress’s court, as these provisions of the PATRIOT Act are set to expire at the end of the month and the Appeals Court decided to let Congress decide how to re-authorize this spying program.

Unfortunately, this is where there is not much to cheer. If past practice is any lesson, Congress will wait until the spying program is about to expire and then in a panic try to frighten Americans into accepting more intrusions on their privacy. Senate Majority Leader Mitch McConnell has already put forth a new bill as a stop-gap measure to allow time for a fuller debate on the issue. His stop-gap? A five year re-authorization with no changes to the current program!

The main reform bill being floated, the FREEDOM Act, is little better. Pretending to be a step in the right direction, the FREEDOM Act may actually be worse for our privacy and liberties than the PATRIOT Act!

One silver lining in the court decision is that it should exonerate Ed Snowden, who risked it all to expose what the courts have now found was illegal US government activity. That is the definition of a whistleblower. Shouldn’t he be welcomed back home as a hero instead of being threatened with treason charges? We shouldn’t hold our breath!

This week Snowden addressed a conference in Melbourne, Australia, informing citizens that the Australian government watches all its citizens “all the time.” Australia’s program allows the government to “collect everyone’s communications in advance of criminal suspicion,” he told the conference. That means the government is no longer in the business of prosecuting crimes, but instead is collecting information in case crimes someday occur.

How is it that the Australian government can collect and track “pre-crime” information on its citizens? Last month Australia passed a law requiring telecommunications companies to retain metadata information on their customers for two years.

Why do Australia’s oppressive laws matter to us? Because the NSA “reform” legislation before Congress, the FREEDOM Act, does exactly what the Australian law does: it mandates that US telecommunications companies retain their customers’ metadata information so that the NSA can access the information as it wishes.

Some argue that this metadata information is harmless and that civil libertarians are over-reacting. But, as Ed Snowden told the Melbourne conference, “under these mandatory metadata laws you can immediately see who journalists are contacting, from which you can derive who their sources are.”

This one example of what happens when the government forces corporations to assist it in spying on the people should be a red flag. How can an independent media exist in the US if the federal government knows exactly whom journalists contact for information? It would be the end of any future whistleblowers.

The only reform of the PATRIOT Act is a total repeal. Accept nothing less.

Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.

This article is reprinted with permission from the Ron Paul Institute for Peace and Prosperity.

USA FREEDOM Act: Just Another Word for Lost Liberty – Article by Ron Paul

USA FREEDOM Act: Just Another Word for Lost Liberty – Article by Ron Paul

The New Renaissance Hat
Ron Paul
May 4, 2015
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Apologists for the National Security Agency (NSA) point to the arrest of David Coleman Headley as an example of how warrantless mass surveillance is necessary to catch terrorists. Headley played a major role in the 2008 Mumbai terrorist attack that killed 166 people.While few would argue that bringing someone like Headley to justice is not a good thing, Headley’s case in no way justifies mass surveillance. For one thing, there is no “terrorist” exception in the Fourth Amendment. Saying a good end (capturing terrorists) justifies a bad means (mass surveillance) gives the government a blank check to violate our liberties.
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Even if the Headley case somehow justified overturning the Fourth Amendment, it still would not justify mass surveillance and bulk data collection. This is because, according to an investigation by ProPublica, NSA surveillance played an insignificant role in catching Headley. One former counter-terrorism official said when he heard that NSA surveillance was responsible for Headley’s capture he “was trying to figure out how NSA played a role.”

The Headley case is not the only evidence that the PATRIOT Act and other post-9/11 sacrifices of our liberty have not increased our security. For example, the NSA’s claim that its surveillance programs thwarted 54 terrorist attacks has been widely discredited. Even the president’s Review Group on Intelligence and Communications Technologies found that mass surveillance and bulk data collection was “not essential to preventing attacks.”

According to the congressional Joint Inquiry into Intelligence Activities before and after the Terrorist Attacks of September 11, 2001 and the 9/11 Commission, the powers granted the NSA by the PATRIOT Act would not have prevented the 9/11 attacks. Many intelligence experts have pointed out that, by increasing the size of the haystack government agencies must look through, mass surveillance makes it harder to find the needle of legitimate threats.

Even though mass surveillance threatens our liberty, violates the Constitution, and does nothing to protect us from terrorism, many in Congress still cling to the fiction that the only way to ensure security is to give the government virtually unlimited spying powers. These supporters of the surveillance state are desperate to extend the provisions of the PATRIOT Act that are set to expire at the end of the month. They are particularly eager to preserve Section 215, which authorizes many of the most egregious violations of our liberties, including the NSA’s “metadata” program.

However, Edward Snowden’s revelations have galvanized opposition to the NSA’s ongoing violations of our liberties. This is why Congress will soon vote on the USA FREEDOM Act. This bill extends the expiring surveillance laws. It also contains some “reforms” that supposedly address all the legitimate concerns regarding mass surveillance.

However, a look at the USA FREEDOM Act’s details, as opposed to the press releases of its supporters, shows that the act leaves the government’s mass surveillance powers virtually untouched.

The USA FREEDOM Act has about as much to do with freedom as the PATRIOT Act had to do with patriotism. If Congress truly wanted to protect our liberties it would pass the Surveillance State Repeal Act, which repeals the PATRIOT Act. Congress should also reverse the interventionist foreign policy that increases the risk of terrorism by fostering resentment and hatred of Americans.

Fourteen years after the PATRIOT Act was rushed into law, it is clear that sacrificing liberty does little or nothing to preserve security. Instead of trying to fool the American people with phony reforms, Congress should repeal all laws that violate the Fourth Amendment, starting with the PATRIOT Act.

Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.

This article is reprinted with permission from the Ron Paul Institute for Peace and Prosperity.

A House Divided Over NSA Spying on Americans – Article by Ron Paul

A House Divided Over NSA Spying on Americans – Article by Ron Paul

The New Renaissance Hat
Ron Paul
August 10, 2013
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In late July 2013, the House debate on the Defense Appropriations bill for 2014 produced a bit more drama than usual. After hearing that House leadership would do away with the traditional “open rule” allowing for debate on any funding limitation amendment, it was surprising to see that Rep. Justin Amash’s (R-MI) amendment was allowed on the Floor. In the wake of National Security Agency (NSA) whistleblower Edward Snowden’s revelations about the extent of US government spying on American citizens, Amash’s amendment sought to remove funding in the bill for some of the NSA programs.

Had Amash’s amendment passed, it would have been a significant symbolic victory over the administration’s massive violations of our Fourth Amendment protections. But we should be careful about believing that even if it had somehow miraculously survived the Senate vote and the President’s veto, it would have resulted in any significant change in how the Intelligence Community would behave toward Americans. The US government has built the largest and most sophisticated spying apparatus in the history of the world.

The NSA has been massively increasing the size its facilities, both at its Maryland headquarters and in its newly built (and way over-budget) enormous data center in Utah. Taken together, these two facilities will be seven times larger than the Pentagon! And we know now that much of the NSA’s capacity to intercept information has been turned inward, to spy on us.

As NSA expert James Bamford wrote earlier this year about the new Utah facility:

“The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.” It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.”

But it happened anyway.

In late July we have seen two significant prison-breaks, one in Iraq, where some 500 al-Qaeda members broke out of the infamous Abu Ghraib prison, which the US built, and another 1,000 escaped in a huge break in Benghazi, Libya – the city where the US Ambassador was killed by the rebels that the US government helped put in power. Did the US intelligence community, focused on listening to our phone calls, not see this real threat coming?

Rep. Amash’s amendment was an important move to at least bring attention to what the US intelligence community has become: an incredibly powerful conglomeration of secret government agencies that seem to view Americans as the real threat. It is interesting that the votes on Amash’s amendment divided the House not on party lines. Instead, we saw the votes divided between those who follow their oath to the Constitution, versus those who seem to believe that any violation of the Constitution is justified in the name of the elusive “security” of the police state at the expense of liberty. The leadership – not to my surprise — of both parties in the House voted for the police state.

It is encouraging to see the large number of votes crossing party lines in favor of the Amash amendment. Let us hope that this will be a growing trend in the House – perhaps the promise that Congress may once again begin to take its duties and obligations seriously. We should not forget, however, that in the meantime another Defense Appropriations bill passing really means another “military spending” bill. The Administration is planning for a US invasion of Syria, more military assistance to the military dictatorship in Egypt, and more drones and interventionism. We have much work yet to do.

Ron Paul, MD, is a former three-time Republican candidate for U. S. President and Congressman from Texas.

This article is reprinted with permission.

Restore the Fourth – Protest Against NSA Surveillance – Carson City Interviews – Video by G. Stolyarov II

Restore the Fourth – Protest Against NSA Surveillance – Carson City Interviews – Video by G. Stolyarov II

Mr. Stolyarov interviews attendees at the Restore the Fourth rally against NSA surveillance in Carson City, NV, on July 4, 2013. This successful protest is the beginning of what will hopefully become a major movement to regain essential individual freedoms and to roll back infringements upon Americans’ (and most human beings’) essential private spheres.

Thanks go to Larry Rubald for filming and for organizing the event.

NOTE: Apologies for the traffic noise obstructing some of the words. Full captions are now available. Thank you for your patience.

References
Restore the Fourth: Upholding the Meaning of the 4th Amendment – Video by G. Stolyarov II
Video: Several protest government snooping on Fourth of July in Carson City – Reno Gazette-Journal – July 4, 2013

Restore the Fourth: Upholding the Meaning of the 4th Amendment – Video by G. Stolyarov II

Restore the Fourth: Upholding the Meaning of the 4th Amendment – Video by G. Stolyarov II

Mr. Stolyarov discusses his experiences at the July 4, 2013, Restore the Fourth protest in Carson City, in opposition to the unconstitutional surveillance by the National Security Agency. He also expresses the need for more Americans to speak out and unambiguously state their disapproval of the Orwellian surveillance society that the NSA has put in place.

The protest went as smoothly as possible. It was civil and peaceful, and received general public support.

More videos from the protest are to come!

Reference
– “Video: Several protest government snooping on Fourth of July in Carson City” – Reno Gazette-Journal – July 4, 2013

Universal Surveillance: PRISM and the Litmus Test for Liberty – Video by G. Stolyarov II

Universal Surveillance: PRISM and the Litmus Test for Liberty – Video by G. Stolyarov II

 Will enough Americans respond with outrage and exercise their First Amendment rights to bring an end to the totalitarianism-enabling NSA PRISM surveillance system?

References
Petition to Pardon Edward Snowden
– “Rand Paul planning class action lawsuit against surveillance programs” – Aaron Blake – The Washington Post – June 9, 2013
– “In the Face of Universal Surveillance: PRISM and the Litmus Test for Liberty” – Essay by G. Stolyarov II
– “PRISM (surveillance program)” – Wikipedia
– “Edward Snowden: the whistleblower behind the NSA surveillance revelations” – Glenn Greenwald, Ewen MacAskill and Laura Poitras – The Guardian – June 9, 2013
– “Google, Apple, Facebook & AOL Deny Participating In Alleged NSA “PRISM” Program” – Danny Sullivan – Marketing Land – June 6, 2013
Project Meshnet
DuckDuckGo
– “How Scared of Terrorism Should You Be?” – Ronald Bailey – Reason Magazine – September 6, 2011
– “Futile Temporary Totalitarianism in Boston” – Article by G. Stolyarov II
– “Russian politico: U.S. ignored Tsarnaev intelligence at its own peril” – By Cheryl K. Chumley – The Washington Times – June 4, 2013

In the Face of Universal Surveillance: PRISM and the Litmus Test for Liberty – Article by G. Stolyarov II

In the Face of Universal Surveillance: PRISM and the Litmus Test for Liberty – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
June 11, 2013
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Ladies and gentlemen, most of what do you using the Internet or your phone is being tracked by the National Security Agency via its PRISM surveillance program.  If you thought you could take measures to escape such monitoring, it is too late; the program has been operating, clandestinely, since 2007. It took the heroic courage of Edward Snowden, a former CIA and Booz Allen Hamilton employee with access to information about the full depths of this travesty, to reveal this astoundingly invasive operation to us six years later. Snowden has – at the risk of his own comfort, his income, his freedom, and possibly his life – given us the invaluable knowledge that the world is quite unlike what most of us thought it to be. Glenn Greenwald, the perceptive Guardian journalist and long-time defender of civil liberties, is also a champion of human freedom, dignity, and justice, because of his outstanding work in publicizing these abuses before a worldwide audience.

Even I – despite my strong libertarian convictions and considerable skepticism of centralized authority – could not have imagined that virtually all of the large technology companies to whom I had entrusted large amounts of my personal information – Google, Facebook, Skype, Microsoft, YouTube – were participants in the surveillance, enabling the NSA to build covert backdoors into their systems to steal the most confidential possible personal information. From e-mails, to search histories, to credit-card transactions – all of this is within the NSA’s reach; all of this could be used to destroy the reputation and life of anyone suspected of being a threat. It is only by the mercy, or the oversight, or the higher priorities, of our political masters that any of us retain vestiges of the freedom we think we have.

Upon finding out about the massive scope of this surveillance, I struggled to figure out what I could do to regain any expectation of privacy that I had even a week ago. If only one or two private companies had “partnered” with the NSA to facilitate the indiscriminate monitoring and data collection,  it might have been possible, with a few judicious restructurings of one’s habits, to avoid any services of those companies. But it seems that almost all of the major players on the Internet – the ones into whose hands hundreds of millions of us voluntarily (and, in retrospect, foolishly) entrusted vast amounts of personal data – are participants. Apart from taking the drastic (and, in many respects, self-undermining) step of ceasing to use most of the tools of the Internet and mobile technology altogether, one can do very little right away to insulate oneself from the surveillance, and even if such insulation were possible, the data already collected by the NSA are a sunk cost. It is not clear whether these companies chose to involve themselves in PRISM voluntarily, or whether they were browbeaten into it by the NSA and the Obama administration, as a price they needed to pay for being allowed to remain successful and relatively unhampered by politically motivated persecution. The companies are certainly not helping their case by denying all knowledge of their evident involvement in PRISM, using near-identical phrasing (composed by whom, I wonder?) which only prevents them from explaining any elements of their participation which might have been involuntary.

While it would have been supremely satisfying for me to simply disassociate myself from any of the companies implicated in the PRISM surveillance, they are, at present, embedded too deeply into the fabric of our lives. A gradual, evolutionary process will need to occur to enable individuals to discover ways of taking advantage of all the benefits of networked technologies, while preventing the present centralization of Internet activity from ever occurring again. The Meshnet project for creating a decentralized Internet is an intriguing concept supporting this goal.  Also helpful are anonymous search engines such as DuckDuckGo, which I have begun using in place of Google. Over the coming weeks, months, and years, it would benefit us all to think of creative ways to avoid the unwanted disclosure of our private information through the centralized Internet behemoths. As for information that we intend to be public, there seems to be no harm in disclosing that anywhere. The NSA and even Barack Obama himself may read The Rational Argumentator and watch my videos without any objections from me; indeed, this would do them much good. But I draw a clear line between the public and the private aspects of my life, and I intend to be the one who draws that line.

I am not a conspiracy theorist, but some conspiracies are indeed real, and in this case, the conspiracy theorists were right. Right, too, were those who proclaimed for years that the Obama administration represents a fundamental undermining of basic American values – to which I will add that this administration is opposed to basic human values of liberty, privacy, dignity, and the presumption of innocence. This is not routine political malfeasance; it is the wielding of an overarching apparatus of monitoring – a prerequisite to complete social control – that the KGB of the Soviet Union and the Stasi of Communist East Germany could not have dreamed of possessing. Those oppressors of old had to use actual human beings to monitor political dissidents – which severely limited their reach. The default data harvesting and algorithmic mining of the PRISM program does not require a human being to find spurious “associations” with alleged threats – based solely on combinations of keywords or contacts within one’s social networks.

The system works by focusing on all those within a few “degrees of separation” from the central suspects. You could have a phone number that differs by a digit from that of a terror suspect; if someone within that suspect’s network calls you by accident, you might be flagged as a suspect, too.  Sheer curiosity about certain subjects, visitation of certain sites, mention of certain topics in e-mails or private video chats and text messages, could get you flagged. It is not a matter of doing nothing wrong and thus having nothing to hide. With this much data, taken wildly out of context as is always possible with algorithmic data-mining systems, any person’s behavior can be construed as having nefarious motivations. Any sufficiently inconvenient individual can be portrayed as an enemy by Leviathan. This is why no American is safe from his own government unless the wholesale dismantling of the PRISM system and any related surveillance measures occurs. An executive order from Obama could achieve this, but it is doubtful that Obama would issue such an order. Massive public outrage, from within and outside the United States, might, however, set in motion the political processes that would discredit this heinously intrusive system. This is no time to cower in fear, to hush up the expression of one’s honest thoughts because one is unsure about the consequences. Now, more than ever, it is essential for every one of us to make full use of our inalienable First Amendment rights.

The extensive surveillance apparatus in the hands of the administration can be readily deployed to create actual totalitarianism with the snap of a finger. For a small-scale proof of concept, witness the frightening lockdown and militaristic mobilization that occurred in Boston in the wake of the Tsarnaev brothers’ bombings – which, as must be emphasized, the same apparatus of total surveillance and police-state response failed to prevent despite repeated warnings from Russian intelligence.

And yet I know that I am not an enemy. Neither are you. Most of us are peaceful, productive citizens of purportedly free nations. We wish harm to no one and wish only to lead our lives in peace, prosperity, and self-determination. I – and hopefully you – exercise the inalienable basic human right of free speech, a right enshrined in the American First Amendment, a right for whose defense the American Founders pledged their lives, their fortunes, and their sacred honor. Edward Snowden knows what it means to make such a pledge, and what its consequences can be in a world ruled by might rather than by right. This is why it is imperative that he be pardoned, if charged, for any alleged “crimes” that the U.S. government perceives him to have committed.  If you do nothing else, please go to WhiteHouse.gov and sign the petition requesting his pardon. This is, after all, Constitutionally protected speech. If the administration begins to persecute those who signed the petition, then it would be clear that this country is too far gone. Moreover, if Edward Snowden should meet an untimely end, from whatever apparent cause, I would have no doubts of the origins of his demise, and it would also be clear that this country is too far gone.

But I do not believe that this country is too far gone, yet. We may be teetering on the brink of totalitarianism, but I have hope that the fundamental decency of the American people – and the residual adherence in this country to founding American principles – will overcome the depredations of the current American government. Another vitally important project that calls upon the participation of as many Americans as possible is the class-action lawsuit spearheaded by Senator Rand Paul against the NSA PRISM program. (You can sign up to join the lawsuit here.) I have been critical of Rand Paul’s stances (particularly his endorsement of Mitt Romney) in the past, but on the issue of NSA surveillance, he is perhaps the most powerful ally that friends of liberty have within the United States, and we need all of the allies we can get right now. If Rand Paul can help to dismantle the Orwellian apparatus of the NSA, then any of his past errors of judgment would pale in comparison.

Nearly forty years ago, Richard Nixon lost his office because he authorized spying on a few political opponents. Those were the days! Barack Obama and his administration, often with the explicit support of many Members of Congress, have for years authorized and condoned spying on hundreds of millions of Americans and even more citizens of other sovereign jurisdictions – individuals over whom the United States has and ought to have no legitimate power whatsoever.  What will be the result of these disclosures for Barack Obama’s tenure in office? The principles of justice suggest strongly that Obama should resign or be impeached and then removed from office, for his transgressions in the realm of surveillance alone are orders of magnitude greater than those of Nixon. Along with Obama, all of his senior executive officials should resign, in addition to senior Members of Congress from both parties – including Lindsey Graham, John McCain, Dianne Feinstein, Mike Rogers, and Peter King – all of whom have expressed unequivocal support for the violations of our Constitutional rights via the PRISM program, and some of whom have even stated that Edward Snowden is guilty of treason. Yet these politicians are the ones who have violated their oaths of office to support and defend the Constitution of the United States against all enemies, foreign and domestic. I do not mean to single out any one wing of the two-party establishment which has created the Orwellian security state in the U.S. after September 11, 2001. Leading Republicans, including many who held prominent posts in the Bush administration, deserve plenty of the blame for laying the groundwork for the PRISM system. What is needed is not a mere change in political parties (for that achieves nothing), but a change in the fundamental understanding of the role of government, held by those in government.

But will the impeachment or voluntary resignation of Obama and some of the other most powerful people in the United States – indeed, in the world – realistically occur, or will they be able to successfully portray their completely unbidden intrusions into all of our lives as being “for our own good”? Will they frighten and bamboozle us into believing that we need their monitoring of our lives, which we know to be lived innocently, in order to protect us from the threat of terrorism which, according to Ronald Bailey of Reason Magazine, is four times less likely to kill any of us than a lightning strike?  With a surveillance program this pervasive – one so clearly endorsed by officials from both parties, from the very top down – it is unlikely that the powers that be will merely decide to sacrifice a few of their subordinates and let them take the blame for this gross violation of the privacy of many (perhaps most) human beings.  It appears that the American elite has been backed into a corner; either it will vigorously defend the PRISM system as a united front – or it will need to capitulate to human decency and acknowledge the gross moral failures involved at the highest levels.

The outcome will depend on how much public outrage arises. Are Americans going to passively roll over and accept an Orwellian level of surveillance as a fait accompli, or will they let their profound displeasure be known? I, as an American citizen, do not approve of this intrusion into my personal life by the very elected officials and their appointees who are supposed to function as the guardians of freedom. I urge all Americans to use peaceful methods of speech, petition, and creative advocacy to express their absolute disapproval of PRISM. Moreover, I hope that foreign governments and their citizens will send a strong message to the Obama administration and Congress that the monitoring of innocent persons outside America will, likewise, not be tolerated. Whether or not PRISM will continue is the litmus test for liberty in the United States, and perhaps in the remainder of the world as well. The outcome of this series of events will determine whether might or right will shape the future of humankind.

A Barrage of Assaults on Internet Freedom – Video by G. Stolyarov II

A Barrage of Assaults on Internet Freedom – Video by G. Stolyarov II


Even after SOPA/PROTECT IP’s demise, assaults on the Internet in its present form have continued on a variety of fronts. Some of these assaults are in the form of legislation, while others are deployed by nominally private entities that in fact thrive on political connections and special privileges. These attempts would limit harmless individual expression and create the presumption of guilt with respect to online activity — quashing that activity until the accused can demonstrate his innocence.

Mr. Stolyarov focuses on four of these assaults: H.R. 3523 – the dubiously named Cyber Intelligence Sharing and Protection Act (CISPA), NSA surveillance, ISP/trade-association cooperation, and Arizona’s House Bill 2549.

Remember to LIKE, FAVORITE, and SHARE this video in order to spread rational discourse on this issue.

References:
– “A Barrage of Assaults on Internet Freedom” – Essay by G. Stolyarov II
– “Cyber Intelligence Sharing and Protection Act” – Wikipedia
– “Stop Online Piracy Act” – Wikipedia
– “PROTECT IP Act” – Wikipedia
– “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” – James Bamford – Wired Magazine – March 15, 2012
– “NSA vs USA: Total surveillance zooms-in on Americans” – Video from RT
– “RIAA chief: ISPs to start policing copyright by July 1“- Greg Sandoval – cNet – March 14, 2012
– “American ISPs to launch massive copyright spying scheme on July 12” – Stephen C. Webster – Raw Story – March 15, 2012
– “US ranked 26th in global Internet speed, South Korea number one” – Shawn Knight – TechSpot – September 21, 2011
– “Arizona bill could criminalize Internet trolling” – Chris Morris – Yahoo! Games – April 3, 2012
– “Arizona Wants to Outlaw Trolling by Banning ‘Annoying’ Comments” – Paul Lilly – Maximum PC – April 5, 2012

A Barrage of Assaults on Internet Freedom – Article by G. Stolyarov II

A Barrage of Assaults on Internet Freedom – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
April 11, 2012
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           After massive public outrage and activism by major technology companies in January 2012 put an end to the draconian proposed Stop Online Piracy Act (SOPA) and PROTECT IP Act, one might have expected the US political and media establishments to relent in their attempts to suppress Internet freedom. But the assaults on the Internet in its present form have continued on a variety of fronts. Some of these assaults are in the form of legislation, while others are deployed by nominally private entities that in fact thrive on political connections and special privileges. These attempts would limit harmless individual expression and create the presumption of guilt with respect to online activity – quashing that activity until the accused can demonstrate his innocence. Virtually every attempt is promoted under the guise of one of four motivations: “security” against “terrorist” online activities, copyright protection, protection against pornography, or the simple desire not to be offended.

            Consider H.R. 3523 – the dubiously named Cyber Intelligence Sharing and Protection Act (CISPA). Like most of the worst bills, it is a “bipartisan” creature, sponsored by Representatives Michael Rogers (R-MI), C. A. “Dutch” Ruppersberger (D-MD), and 29 others. This bill is being advanced with the dual ostensible purpose of “protecting” networks against unspecified “attacks” and enforcing copyright and patent law. The end result of the bill would be a virtually unlimited power of the US federal government (or private companies that would be empowered to “voluntarily” hand over private user data to the federal government) to monitor any and all online activities at any time without a warrant – even if the activities have no relation to online attacks or infringement of patents or copyrights. Furthermore, there is no limitation in CISPA on how the information collected by government agencies and private companies could be used – and no guarantee that it will not be used for purposes other than “cybersecurity.”  Indeed, the agencies to whom CISPA would delegate authority over “cybersecurity” – the National Security Agency and Cybercommand – are military agencies that are permitted to operate in complete secrecy regarding their aims and protocols. This is a common pattern in attempts to gain power over the Internet: a specific series of threats is asserted, but the proposed “remedy” to these threats is so broad and general as to encompass practically every online activity – with no safeguards to preclude nefarious uses, even when including those safeguards would be a matter of basic common sense. This leads to the unsurprising conclusion that the specific threats are a mere convenient excuse for something else.

            The National Security Agency, in the meantime, does not believe that it even requires legal authority (much less Constitutional authority) to construct a massive data center in Bluffdale, Utah (see this article from Wired Magazine and this video from RT) that is intended to capture and store all e-mails, voice mails, online searches, and other Internet activities by all Americans, all under the ostensible aim of somehow enhancing “national security” – as if your phone conversation with a friend or business e-mail could somehow have any conceivable connection to terrorist activity! While this information will do nothing to prevent terrorist attacks, it will allow the federal government to launch investigations of individuals on the basis of information that has hitherto remained off-limits: sensitive health and lifestyle data, details of private lives that individuals would rather not share with the outside world, the misconstrued off-hand remark in an e-mail or text message, legitimate and peaceful entrepreneurship or intellectual expression that are disagreeable to some federal official, or the unintended violation of some obscure federal law that one did not even know existed.  Even today’s deeply convoluted and often inscrutable system of federal laws can be endured by most Americans, simply because the federal government does not have the ability to pry into the minutiae of each of their lives. Of course, there is so much information online that the NSA would not be able to focus on every individual’s activities in real time. But with access to the entire “electronic footprint” of a person, crucial information about such activities could be produced on demand – say, if a powerful politician wished to investigate a vocal critic for tax evasion (as Franklin Roosevelt often did to his political opponents), or if a federal agency sought to catch a prominent activist in an act of indiscretion (as the FBI routinely attempted to do with leaders of the civil-rights movement). Such surveillance will not lead to every technical violation of every obscure prohibition or mandate being recognized and punished – but if you stand out too much and attract notice for other (perfectly legal) reasons, beware!

          Much of the vast information that would come to the NSA would be automatically flagged for containing “suspicious” keywords or patterns of words – without the imposition of a common-sense filter of meaning. There is the real possibility that Americans might be subject to surveillance, investigation, prosecution, or worse, on the basis of a statistical algorithm. The NSA is even working on ways to break some of the codes used by individuals to encrypt their online communications – a deliberate attempt to bypass privacy safeguards which these individuals have intentionally put in place.

            The trade associations for establishment media interests, the Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA), have not stopped in their designs to limit internet freedom for people merely suspected of copyright infringement. Having lost the legislative battle (which they will surely attempt to fight again), the RIAA and MPAA have instead decided to partner with the regional-monopoly high-speed internet service providers (ISPs) in order to arrive at a “voluntary” scheme of graduated response against individuals whose usage of Internet bandwidth is deemed “suspicious.”  This arrangement is expected come into effect on July 1, 2012, and would, in practice, largely affect users of torrents (which could be utilized for entirely legal purposes, such as an independent artist or game designer freely “seeding” his own work). The first several times, torrent users would be given warnings and asked to attend RIAA/MPAA-sponsored “educational” courses. Ultimately, after repeated suspicions of “infringement,” the ISPs would be required to severely limit the user’s bandwidth – although it is not clear whether they would be permitted to terminate Internet access for the user altogether. All this would be done without recourse to legal due process, without the presumption of innocence, and without the opportunity for the accused user to demonstrate innocence to a body whose Executive Board will be comprised of RIAA/MPAA leadership anyway.

            While this arrangement may superficially seem like a consensual deal among private trade associations and private ISPs, this is far from the underlying reality. Neither the RIAA/MPAA nor the American ISPs are close to free-market entities. The RIAA and MPAA have routinely attempted to use the force of legislation to limit competition and protect the market dominance of their members – the large film and recording studios whose greatest fear is the open, free, decentralized culture of creation emerging on the Internet. The ISPs grew out of telephone companies with local or regional monopolies on service granted to them by law – a legacy of the breakup of AT&T, which until 1982 was the coercive telephone monopoly in the United States. While the AT&T breakup legalized some measure of competition, it did not provide for a market of truly open entry in each jurisdiction; rather, each of AT&T’s pieces (many of which have since re-consolidated) became a mini-AT&T and has used its monopoly profits to artificially bolster itself in subsequent rounds of technological evolution. As a result of their legal privilege, many large ISPs have been able to engage in quasi-monopolistic practices, including the capping of bandwidth on ostensibly “unlimited” plans, the requirement that customers rent modem equipment which they could easily purchase themselves, byzantine phone “help” lines which seem more designed to deter consumers from calling than to actually offer assistance from real people, and frequent reluctance to improve Internet infrastructure despite the ready technological means to do so. The coercive monopolies of the ISPs have resulted in the United States being in mere 26th place in the world – just slightly ahead of the global average – for Internet download speeds. In South Korea, typical Internet speeds are about four times faster – a tantalizing hint at what a freer, more competitive market could accomplish for consumers.  Some of the greatest harms of unfreedom come not in the form of direct legislative or executive action, but rather from the creatures of unfreedom – the politically privileged entities that would not have existed in a free society and that use their power to make deals amongst themselves at consumers’ expense.

            For those who do not understand that freedom of speech includes freedom to offend, there is a new possible recourse in Arizona’s House Bill 2549 (see here and here), which has already passed both houses of the Arizona Legislature. The bill is intended as a way of deterring online bullying, but it would, among other prohibitions, render it illegal to use “any electronic or digital device” to “annoy or offend” anyone or to “use any obscene, lewd or profane language” – punishable by six months in jail for violations that do not involve actual stalking. If you make a controversial comment about a political or religious subject – or simply offend someone’s tastes in art, sports, or food – you will certainly “annoy” someone and be guilty of a Class 1 misdemeanor in Arizona. And as for that First Amendment and its guarantee of free speech – bring that up, and you will surely have annoyed someone, so off to jail you go. And if you think that “profane language” is limited to words relating to human bodily functions, a religious fundamentalist might have a rather different understanding of that term, which might involve your disbelief or less fervent belief in the principles of his religion.

          The pattern is clear: a seemingly limited purpose with at least some public sympathy is used as a rationale for unprecedented, sweeping powers of surveillance and punishment – designed to transform the Internet of today from an engine of creativity and individual empowerment into a tamed arm of the establishment. The Internet envisioned by the politicians and lobbyists championing CISPA, NSA surveillance, ISP/trade-association cooperation, and Arizona’s House Bill 2549 is a glorified and technological version of “bread and circuses” for the masses – providing them with plenty of entertainment but within carefully controlled and supervised parameters. The intellectual innovator, the independent artist, the small-scale technologist, the do-it-yourself researcher, the electronic activist, the open-source software designer – all members of the “read-write” Internet culture of individual hyper-empowerment – have no place in the centrally planned world of these political and media elites. The old world in which these elites thrived is rapidly succumbing to the broadly uplifting possibilities of electronic technology – but they will not let their power go without a fight. As the downfall of SOPA and PROTECT IP showed, only massive public outrage can defeat ongoing efforts to limit Internet freedom, the last bastion of largely unfettered liberty that exists in contemporary Western societies. An Internet that continues to be predominantly individualistic and unrestrained can catalyze technological and cultural progress that will make freedom and prosperity in all other areas possible within our lifetimes. An Internet that is placed in shackles will become a mere tragic tool for surveillance and social control.