Browsed by
Tag: privacy

Congress Defers to President On NSA Reform – Article by Ron Paul

Congress Defers to President On NSA Reform – Article by Ron Paul

Comments 0 Comment
The New Renaissance Hat
Ron Paul
January 12, 2014
******************************
Congress’s decline from the Founders’ vision as “first among equals” in government to an echo chamber of the unitary executive, has been a slow but steady process. In the process we have seen a steady stream of unconstitutional wars and civil-liberties abuses at home. Nowhere is this decline more evident than in the stark contrast between the Congressional response to intelligence agencies’ abuses during the post-Watergate era and its response to the far more serious NSA abuses uncovered in recent years.In 1975, Senator Frank Church (D-ID) convened an historic select committee to investigate the US intelligence services for possible criminality in the wake of Watergate. Thanks in part to reporting by Seymour Hersh and others, abuses by the CIA, NSA, and FBI had come to light, including the monitoring of US peace activists.The Church Committee played its proper Congressional role, checking the power of the executive branch as it had been spiraling out of control since the 1950s and the early CIA covert action programs. The Committee sought to protect US citizens against abuses by their government after those abuses had come to light through leaks of secret government documents.

The parallel to the present NSA scandals cannot be ignored. What is completely different, however, is that Congress is today acting as an advocate for the executive branch’s continuing abuses, and as an opponent to the civil liberties of US citizens. Not only has Congress – with a precious few exceptions – accepted the NSA’s mass spying program on American citizens, it has actually been encouraging the president to continue and expand the program!

Where once there was a Congressional committee to challenge and oppose the president’s abuse of power, today the president himself has been even allowed by a complacent Congress to hand pick his own NSA review commission!

Are we really expected to believe that a commission appointed by the president to look into the activities of the president’s intelligence services will come to anything more than a few superficial changes to give the impression of real reform?

One of the president’s commission recommendations is that the NSA cease holding our phone records and demand that the private phone companies retain those records instead – for the NSA to access as it wishes. This is supposed to be reform?

The president will make a speech this Friday to tell the rest of us which of the suggestions made by his own commission he will decide to implement. Congress has no problem with that. Rep. Adam B. Schiff (D-Calif.) admitted last week that Congress has no intention of asserting itself in the process. “It’s my hope that [Obama will] do as much as he can through the executive process because the legislative process will be difficult, perilous and long.”

Senator Church famously said back in 1975:

In the need to develop a capacity to know what potential enemies are doing, the United States government has perfected a technological capability that enables us to monitor the messages that go through the air… We must know, at the same time, that capability at any time could be turned around on the American people, and no American would have any privacy left… There would be no place to hide…. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision so that we never cross over that abyss. That is the abyss from which there is no return.”

Have we reached that point? Let us hope not. Real reform begins with the repeal of the PATRIOT Act and of the 2001 Authorization for the Use of Military Force. If we keep our eye on that goal and not allow ourselves to become distracted with the president’s phony commissions we might force Congress to listen.

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.

Internet Fascism and the Surveillance State – Article by Ben O’Neill

Internet Fascism and the Surveillance State – Article by Ben O’Neill

Comments 0 Comment
The New Renaissance Hat
Ben O’Neill
July 16, 2013
******************************

What is the purpose of telecommunication and internet surveillance?

The NSA presents its surveillance operations as being directed toward security issues, claiming that the programs are needed to counter terrorist attacks. Bald assertions of plots foiled are intended to bolster this claim.[1] However, secret NSA documents reveal that their surveillance is used to gather intelligence to achieve political goals for the US government. Agency documents show extensive surveillance of communications from allied governments, including the targeting of embassies and missions.[2] Reports from an NSA whistleblower also allege that the agency has targeted and intercepted communications from a range of high-level political and judicial officials, anti-war groups, US banking firms and other major companies and non-government organizations.[3] This suggests that the goal of surveillance is the further political empowerment of the NSA and the US government.

Ostensibly, the goal of the NSA surveillance is to prevent terrorist acts that would harm or kill people in the United States. But in reality, the primary goal is to enable greater control of that population (and others) by the US government. When questioned about this issue, NSA whistleblower Thomas Drake was unequivocal about the goal of the NSA: “to own the internet and find out what everybody is doing.”[4]

“To own the internet” — Public-private partnerships in mass surveillance

The internet is, by its very nature, a decentralized arrangement, created by the interaction of many private and government servers operating on telecommunications networks throughout the world. This has always been a major bugbear of advocates for government control, who have denigrated this decentralized arrangement as being “lawless.” Since it began to expand as a tool of mass communication for ordinary people, advocates for greater government power have fought a long battle to bring the internet “under control” — i.e., under their control.

The goal of government “ownership of the internet” entails accessing the facilities that route traffic through the network. This is gradually being done through government control of the network infrastructure and the gradual domination of the primary telecommunications and internet companies that provide the facilities for routing traffic through the network. Indeed, one noteworthy aspect of the mass surveillance system of the NSA is that it has allegedly involved extensive cooperation with many “private” firms operating under US law. This has allegedly included major security, telecommunications and internet companies, as well as producers of network software and hardware.

Examples of such “public-private partnerships” are set out in leaked documents of the NSA. An unnamed US telecommunications company is reported to provide the NSA with mass surveillance data on the communications of non-US people under its FAIRVIEW program.[5] Several major computing and internet companies have also been explicitly named in top secret internal NSA material as being current providers for the agency under its PRISM program.[6] Several of these companies have issued denials disavowing any participation in, or prior knowledge of the program, but this has been met with some scepticism.[7] (Indeed, given that the NSA did not anticipate public release of its own internal training material, it is unlikely that the agency would have any cause to lie about the companies they work with in this material. This suggests that the material may be accurate.)

Many of these companies have supplied the NSA with data from their own customers, or created systems which allow the agency access to the information flowing through telecommunications networks. They have done so without disclosure to their own customers of the surveillance that has occurred, by using the blanket advisement that they “comply with lawful requests for information.” By virtue of being subject to the jurisdiction of US statutes, all of these companies have been legally prohibited from discussing any of their dealings with the NSA and they have been well placed for retaliatory action by the many regulatory agencies of the US government if they do not cooperate. In any case, it appears from present reports that many companies have been active partners of the agency, assisting the NSA with illegal surveillance activities by supplying data under programs with no legitimate legal basis.

This has been a common historical pattern in the rise of totalitarian States, which have often sought to incorporate large business concerns into their network of power. Indeed, the very notion of “public-private partnerships” in this sector readily brings to mind the worst aspects of fascist economic systems that have historically existed. The actions of US companies that have cooperated in the NSA’s mass surveillance operations calls into question the “private” status of these companies. In many ways these companies have acted as an extension of the US government, providing information illegally, in exchange for privileges and intelligence. According to media reports, “Such cooperation is an extremely delicate issue for the companies involved. Many have promised their customers data confidentiality in their terms and conditions. Furthermore, they are obliged to follow the laws of the countries in which they do business. As such, their cooperation deals with the NSA are top secret. Even in internal NSA documents, they are only referred to by the use of code names.”[8]

We began this discussion by asking the purpose of telecommunication and internet surveillance. The answer lies in the uses to which those surveillance powers are being put, and will inevitably be put, as the capacity of the NSA expands. The true purpose of the NSA is not to keep us safe. Its goal is to own the internet, to own our communications, to own our private thoughts — to own us.

Ben O’Neill is a lecturer in statistics at the University of New South Wales (ADFA) in Canberra, Australia. He has formerly practiced as a lawyer and as a political adviser in Canberra. He is a Templeton Fellow at the Independent Institute, where he won first prize in the 2009 Sir John Templeton Fellowship essay contest. Send him mail. See Ben O’Neill’s article archives.

This article was published on Mises.org and may be freely distributed, subject to a Creative Commons Attribution United States License, which requires that credit be given to the author.

Notes

[1] Mathes, M. (2013) At least 50 spy programs foiled by terror plots: NSA . The Sydney Morning Herald, 19 June 2013.

[2] MacAskill, E. (2013) New NSA leaks show how US is bugging its European allies . The Guardian, 1 June 2013.

[3] Burghardt, T. (2013) NSA spying and intelligence collection: a giant blackmail machine and “warrantless wiretapping program.” Global Research , 24 June 2013. Reports are from NSA whistleblower Russ Tice, who is a former intelligence analyst at the NSA.

[4] Wolverton, J. (2012) Classified drips and leaks. The New American, 6 August 2012. Emphasis added. Capitalization of “Internet” removed.

[5] Greenwald, G. (2013) The NSA’s mass and indiscriminate spying on Brazilians . The Guardian, 7 July 2013.

[6] Gelman, B. and Poitras, L. (2013) US, British intelligence mining data from nine US internet companies in broad secret program . The Washington Post, 7 June 2013. See also NSA slides explain the PRISM data-collecting program . The Washington Post, 6 June 2013.

[7] McGarry, C. (2013) Page and Zuckerberg say NSA surveillance program is news to them . TechHive, 7 June 2013.

[8] Ibid Poitras, p. 3.

If You Like the Surveillance State, You’ll Love E-Verify – Article by Ron Paul

If You Like the Surveillance State, You’ll Love E-Verify – Article by Ron Paul

Comments 0 Comment
The New Renaissance Hat
Ron Paul
June 30, 2013
******************************

From massive NSA spying, to IRS targeting of the administration’s political opponents, to collection and sharing of our healthcare information as part of Obamacare, it seems every day we learn of another assault on our privacy. Sadly, this week the Senate took another significant, if little-noticed, step toward creating an authoritarian surveillance state. Buried in the immigration bill is a national identification system called mandatory E-Verify.

The Senate did not spend much time discussing E-Verify, and what little discussion took place was mostly bipartisan praise for its effectiveness as a tool for preventing illegal immigrants from obtaining employment. It is a tragedy that mandatory E-Verify is not receiving more attention, as it will impact nearly every American’s privacy and liberty.

The mandatory E-Verify system requires Americans to carry a “tamper-proof” Social Security card. Before they can legally begin a job, American citizens will have to show the card to their prospective employers, who will then have to verify their identity and eligibility to hold a job in the US by running the information through the newly created federal E-Verify database. The database will contain photographs taken from passport files and state driver’s licenses. The law gives federal bureaucrats broad discretion in adding other “biometric” identifiers to the database. It also gives the bureaucracy broad authority to determine what features the “tamper-proof” card should contain.

Regardless of one’s views on immigration, the idea that we should have to ask permission from the federal government before taking a job ought to be offensive to all Americans. Under this system, many Americans will be denied the opportunity for work. The E-Verify database will falsely identify thousands as “ineligible,” forcing many to lose job opportunities while challenging government computer inaccuracies. E-Verify will also impose additional compliance costs on American businesses, at a time when they are struggling with Obamacare implementation and other regulations.

According to David Bier of Competitive Enterprise Institute, there is nothing stopping the use of E-Verify for purposes unrelated to work verification, and these expanded uses could be authorized by agency rule-making or executive order. So it is not inconceivable that, should this bill pass, the day may come when you are not be able to board an airplane or exercise your Second Amendment rights without being run through the E-Verify database. It is not outside the realm of possibility that the personal healthcare information that will soon be collected by the IRS and shared with other federal agencies as part of Obamacare will also be linked to the E-Verify system.

Those who dismiss these concerns as paranoid should consider that the same charges were leveled at those who warned that the PATRIOT Act could lead to the government collecting our phone records and spying on our Internet usage. Just as the PATRIOT Act was only supposed to be used against terrorists but is now used to bypass constitutional protections in matters having noting to do with terrorism or national security, the national ID/mandatory E-Verify database will not only be used to prevent illegal immigrants from gaining employment. Instead, it will eventually be used as another tool to monitor and control the American people.

The recent revelations of the extent of National Security Agency (NSA) spying on Americans, plus recent stories of IRS targeting Tea Party and similar groups for special scrutiny, demonstrates the dangers of trusting government with this type of power. Creation of a federal database with photos and possibly other “biometric” information about American citizens is a great leap forward for the surveillance state. All Americans who still care about limited government and individual liberty should strongly oppose E-Verify.

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

This article is reprinted with permission.

Government Spying: Should We Be Shocked? – Article by Ron Paul

Government Spying: Should We Be Shocked? – Article by Ron Paul

Comments 0 Comment
The New Renaissance Hat
Ron Paul
June 9, 2013
******************************

Last week we saw dramatic new evidence of illegal government surveillance of our telephone calls, and of the National Security Agency’s deep penetration into American companies such as Facebook and Microsoft to spy on us. The media seemed shocked.

Many of us are not so surprised.

Some of us were arguing back in 2001 with the introduction of the so-called PATRIOT Act that it would pave the way for massive US government surveillance—not targeting terrorists but rather aimed against American citizens. We were told we must accept this temporary measure to provide government the tools to catch those responsible for 9/11. That was nearly twelve years and at least four wars ago.

We should know by now that when it comes to government power-grabs, we never go back to the status quo even when the “crisis” has passed. That part of our freedom and civil liberties once lost is never regained. How many times did the PATRIOT Act need renewed? How many times did FISA authority need expanding? Why did we have to pass a law to grant immunity to companies who hand over our personal information to the government?

It was all a build-up of the government’s capacity to monitor us.

The reaction of some in Congress and the Administration to last week’s leak was predictable. Knee-jerk defenders of the police state such as Senator Lindsey Graham declared that he was “glad” the government was collecting Verizon phone records—including his own—because the government needs to know what the enemy is up to. Those who take an oath to defend the Constitution from its enemies both foreign and domestic should worry about such statements.

House Intelligence Committee Chairman Mike Rogers tells us of the tremendous benefits of this Big Brother-like program. He promises us that domestic terrorism plots were thwarted, but he cannot tell us about them because they are classified. I am a bit skeptical, however. In April, the New York Times reported that most of these domestic plots were actually elaborate sting operations developed and pushed by the FBI. According to the Times report, “of the 22 most frightening plans for attacks since 9/11 on American soil, 14 were developed in sting operations.”

Even if Chairman Rogers is right, though, and the program caught someone up to no good, we have to ask ourselves whether even such a result justifies trashing the Constitution. Here is what I said on the floor of the House when the PATRIOT Act was up for renewal back in 2011:

“If you want to be perfectly safe from child abuse and wife beating, the government could put a camera in every one of our houses and our bedrooms, and maybe there would be somebody made safer this way, but what would you be giving up? Perfect safety is not the purpose of government. What we want from government is to enforce the law to protect our liberties.”

What most undermines the claims of the Administration and its defenders about this surveillance program is the process itself. First the government listens in on all of our telephone calls without a warrant and then if it finds something it goes to a FISA court and get an illegal approval for what it has already done! This turns the rule of law and due process on its head.

The government does not need to know more about what we are doing. We need to know more about what the government is doing. We need to turn the cameras on the police and on the government, not the other way around. We should be thankful for writers like Glenn Greenwald, who broke last week’s story, for taking risks to let us know what the government is doing. There are calls for the persecution of Greenwald and the other whistle-blowers and reporters. They should be defended, as their work defends our freedom.

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

This article is reprinted with permission.

Congress Exploits Our Fears to Take Our Liberty – Article by Ron Paul

Congress Exploits Our Fears to Take Our Liberty – Article by Ron Paul

Comments 0 Comment
The New Renaissance Hat
Ron Paul
April 24, 2013
******************************

This week, as Americans were horrified by the attacks in Boston, both houses of Congress considered legislation undermining our liberty in the name of “safety.” Gun control continued to be the focus of the Senate, where an amendment expanding federal “background checks” to gun show sales and other private transfers dominated the debate. While the background check amendment failed to pass, proponents of gun control have made it clear they will continue their efforts to enact new restrictions on gun ownership into law.

While it did not receive nearly as much attention as the debate on gun control, the House of Representatives passed legislation with significant implications for individual liberty: the Cyber Intelligence Sharing and Protection Act (CISPA). CISPA proponents claim that the legislation is necessary to protect Americans from foreign “cyber terrorists,” but the real effect of this bill will be to further erode Americans’ online privacy.

Under CISPA, Internet corporations are authorized to hand over the private information of American citizens to federal agents, as long as they can justify the violation of your privacy in the name of protecting “cyber security”. Among the items that may be shared are your e-mails, browsing history, and online transactions.

Like the PATRIOT Act, CISPA violates the fourth amendment by allowing federal agencies to obtain private information without first seeking a warrant from a federal judge. The law also allows federal agencies to pass your information along to other federal bureaucrats — again without obtaining a warrant. And the bill provides private companies with immunity from lawsuits regardless of the damage done to anyone whose personal information is shared with the federal government.

CISPA represents a troubling form of corporatism, where large companies cede their responsibility to protect their property to the federal government, at the expense of their customers’ privacy and liberty. In this respect, CISPA can be thought of as an electronic version of the Transportation Security Administration, which has usurped the authority over airline security from private airlines. However, CISPA will prove to be far more invasive than even the most robust TSA screening.

CISPA and the gun control bill are only the most recent examples of politicians manipulating fear to con the people into giving up their liberties. Of course, the people are told the legislation is for “limited purposes,” but authority granted to the federal government is rarely, if ever, used solely for the purpose for which it is granted. For example, the American people were promised that the extraordinary powers granted the federal government by the PATRIOT Act would only be used against terrorism. Yet soon after the bill became law, reports surfaced that it was being used for non-terrorism purposes. In fact, according to data compiled by the American Civil Liberties Union, 76 percent of the uses of the controversial “sneak-and-peak” warrants where related to the war on drugs!

Sadly, I expect this week’s tragic attacks in Boston to be used to justify new restrictions on liberty. Within 48 hours of the attack in Boston, at least one Congressman was calling for increased use of surveillance cameras to expand the government’s ability to monitor our actions, while another Senator called for a federal law mandating background checks before Americans can buy “explosive powder.”

I would not be surprised if the Transportation Security Administration uses this tragedy to claim new authority to “screen” Americans before they can attend sporting or other public events. The Boston attack may also be used as another justification for creating a National ID Card tied to a federal database with “biometric” information. The only thing that will stop them is if the American people rediscover the wisdom of Benjamin Franklin that you cannot achieve security by allowing government to take their liberties.

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

This article is reprinted with permission.

Unconstitutional Uses of Drones Must Stop – Article by Ron Paul

Unconstitutional Uses of Drones Must Stop – Article by Ron Paul

Comments 0 Comment
The New Renaissance Hat
Ron Paul
June 19, 2012
******************************

Last week I joined several of my colleagues in sending a letter to President Obama requesting clarification of his criteria for the lethal use of drones overseas. Administration officials assure us that a “high degree of confidence” is required that the person targeted by a drone is a terrorist.  However, press reports have suggested that mere “patterns of behavior” and other vague criteria are actually being used to decide who to target in a drone strike. I am concerned that an already troublingly low threshold for execution on foreign soil may be even lower than we imagined.

The use of drones overseas may have become so convenient, operated as they are from a great distance, that far more “collateral damage” has become acceptable. Collateral damage is a polite way of saying killing innocent civilians. Is the ease of drone use a slippery slope to disregard for justice, and if so what might that mean for us as they become more widely used on American soil against American citizens?

This dramatic increase in the use of drones and the lowered threshold for their use to kill foreigners has tremendous implications for our national security. At home, some claim the use of drones reduces risk to American service members. But this can be true only in the most shortsighted sense. Internationally the expanded use of drones is wildly unpopular and in fact creates more enemies than it eliminates.

Earlier this month a former top terrorism official at the CIA warned that President Barack Obama’s expanded use of drones may actually be creating terrorist “safe havens.” Robert Grenier, who headed the CIA’s counter-terrorism center from 2004 to 2006, told a British newspaper that, “[the drone program] needs to be targeted much more finely. We have been seduced by them and the unintended consequences of our actions are going to outweigh the intended consequences.”

After a drone strike in Yemen last month once again killed more civilians than suspected al-Qaeda members, a Yemeni lawyer sent a message to President Obama stating “Dear Obama, when a U.S. drone missile kills a child in Yemen, the father will go to war with you, guaranteed. Nothing to do with Al Qaeda.” These are the unseen victims of the president’s expanded use of drones, but we should pay attention and we should ask ourselves how we would feel if the tables were turned and a foreign power was killing innocent American children from thousands of miles away. Would we not feel the same?

The expanded use of drones overseas has been matched with the expanded use of drones in the United States, which should alarm every American who values the Constitution and its protections against government interference in our private lives. Recently, the governor of Virginia welcomed the expanded use of drones in his state because they “make law enforcement more productive.” I find that attitude chilling and am sure I am not alone.

Do we want to live in a country where our government constantly flies aircraft overhead to make sure we are not doing anything it disapproves of? Already the Environmental Protection Agency uses drone surveillance to spy on farmers and ranchers to see if they are in compliance with regulations. Local law enforcement agencies are eyeing drone use with great anticipation.  Do we really want to live under the watchful eye of “Big Brother”? It is terrifying enough to see how drones are being misused abroad. We must curtail the government’s ability use drones right away lest the massacres in Yemen and Pakistan turn out to be crude training exercises for what the administration has in mind on our own soil.

Representative Ron Paul (R – TX), MD, is a Republican candidate for U. S. President. See his Congressional webpage and his official campaign website. 

This article has been released by Dr. Paul into the public domain and may be republished by anyone in any manner.