Government Surveillance and the Right to Privacy

We will be discussing Edward Snowden and his revelations for some time (I hope).  His observations are worth serious thought. As quoted in the Washington Post by Barton Gellman “Man who leaked NSA secrets steps forward” /2013/06/09  ‘“I believe that at this point in history, the greatest danger to our freedom and way of life comes from the reasonable fear of omniscient State powers kept in check by nothing more than policy documents.” The steady expansion of surveillance powers, he wrote, is “such a direct threat to democratic governance that I have risked my life and family for it….” “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,” he wrote. “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…”  “Analysts (and government in general) aren’t bad guys, and they don’t want to think of themselves as such,” he replied. But he said they labored under a false premise that “if a surveillance program produces information of value, it legitimizes it. . . . In one step, we’ve managed to justify the operation of the Panopticon” — an 18th-century design by British philosopher Jeremy Bentham for comprehensive surveillance of a prison population.”’

It is not generally acceptable for individuals to decide whether it is OK to violate a law we don’t like (though we all do it all the time), but there can be circumstances that are sufficiently serious that our conscience may dictate that we must.  Snowden made that determination and is prepared to accept the consequences. The courts will determine what those are. In my opinion his motives are above question.

I hope, however, as does Snowden, that the public discussion will focus on the issue of the proper balance between government’s desire to protect us from harm and invading our privacy, a favorite tool of totalitarian regimes, rather than on whether Snowden was justified in breaching his confidentiality commitment or not. The very nature of government is that of a slippery slope toward ever larger activities and powers. These risks, of course. were very well-known by our founding fathers who did their best to introduce limits and checks and balances on government power.

Sir Tim Berners-Lee, inventor of the World Wide Web, called PRISM “deeply concerning,” stating that: “Unwarranted government surveillance is an intrusion on basic human rights that threatens the very foundations of a democratic society. I call on all Web users to demand better legal protection and due process safeguards for the privacy of their online communications, including their right to be informed when someone requests or stores their data. A store of this information about each person is a huge liability: Whom would you trust to decide when to access it, or even to keep it secure?”

Contrary to his promises, President Obama has not reversed the dangerous excesses of the eternal War on Terror and other political abuses promoted by Bush/Chaney. Examples are the IRS anti-tea party abuses, and the administration’s frightening attack on the press: “The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press.” govt-obtains-wide-ap-phone-records-probe. But these pale compared to Obama’s expansion of our secret, undeclared wars in Somalia and Yemen and elsewhere in the form of assassinations of “bad guys.”

The most deeply disturbing of these was the assassination of Anwar al Awlaki, an American citizen who had lost faith in the intentions behind the American government’s attacks on Muslims around the world. Anwar, an initially moderate Muslim Imam,frequently interviewed by the American press following 9/11, ultimately became sharply critical of U.S. behavior and moved from Falls Church Va. back to his native Yemen to rejoin his parents. U.S. authorities came to believe that his blogs and sermons were influencing others to take violent acts against Americans. President Obama authorized his death without formal charges and without any convincing evidence of crimes other than the exercise of his free speech, which had become embarrassingly critical (and is not yet a crime). Our government claimed that he had become an al Qaeda leader but presented no evidence of any connection at all.

The day Awlaki’s death was announced  (September 30, 2011) syndicated columnist Glenn Greenwald stated: “Remember that there was great controversy that George Bush asserted the power simply to detain American citizens without due process or simply to eavesdrop on their conversation without warrant. Here you have something much more severe. Not eavesdropping on American citizens, not detaining them without due process, but killing them without due process.” Former Bush CIA director Michael Hayden stated: “We needed a court order to eavesdrop on [Awlaki], but we didn’t need a court order to kill him. Isn’t that something?” (Both of these quotes are taken from Jeremy Scahill’s shocking book “Dirty Wars; The World is a Battlefield”)

If you are not alarmed by our President ordering the death of Americans without due process, you will surely be sicken that our secretive special forces killed Awlaki’s 16 year old son Abdulrahman two weeks later. The government has never explained whether his death was another of their many accidents or had been deliberate and if so why. He was also an American, born in Denver Colorado on August 26, 1995 (https://www.facebook.com/abdulrahman.14.10.2011). Soon thereafter Robert Gibbs, Obama’s former White House press secretary, was asked: ‘“It’s an American citizen that is being targeted without due process of law, without trial. And, he’s underage. He’s a minor,” reporter Sierra Adamson told Gibbs. Gibbs shot back: “I would suggest that you should have a far more responsible father if they are truly concerned about the well-being of their children. I don’t think becoming an al Qaeda jihadist terrorist is the best way to go about doing your business.”’ (Dirty Wars)  Gibbs should be publicly whipped (if we did that sort of thing) or at least banished from polite society. How disgusting.

I am proud of the principles of individual dignity and rights upon which my country is based. I am proud of what many of my countrymen have accomplished and contributed to the world. I am tired of being ashamed of many of the self-destructive things my government has increasingly been doing in the misguided name of my security.  Why do you think Muslims in Yemen, Somalia, Iraq, Afghanistan, Saudi Arabia and elsewhere wish to attack the United States rather than (or in addition to) fighting each other for one reason or another? Because many of them have been killed or injured by our global campaign of assassinations and/or outright wars, which they see as an American attack on Islam. They are fighting to defend themselves just as we would (or say that we are). We need to leave them alone. They will have no interest in attacking us if we stay out of their homelands.

I am hoping the current revelations of some of our government’s abuses of its powers and our liberties will bring them to an end.  It is, as I have noted so many times before, the nature of government to want to grow in scope and power. As we all know, eternal vigilance is the price of liberty. The pendulum of potentially coercive government power has swung too far in the false name of defending our safety against foreign (and now domestic) enemies. I hope that the current revelations will shock us into sending the pendulum back the other way.

Several weeks ago, on Memorial Day, my friend Lou Cordia sent the following from President Reagan’s Memorial Day Proclamation for May 25, 1981 as a reminder of what we properly aspire to:

Over one hundred years ago, Memorial Day was established to commemorate those who died in the defense of our national ideals. Our ideals of freedom, justice, and equal rights for all have been challenged many times since then, and thousands of Americans have given their lives in many parts of the world to secure those same ideals and insure for their children a lasting peace. Their sacrifice demands that we, the living, continue to promote the cause of peace and the ideals for which they so valiantly gave of themselves.

Today, the United States stands as a beacon of liberty and democratic strength before the community of nations. We are resolved to stand firm against those who would destroy the freedoms we cherish. We are determined to achieve an enduring peace — a peace with liberty and with honor. This determination, this resolve, is the highest tribute we can pay to the many who have fallen in the service of our Nation.

Comments on Libya and Greece

As usual, some of my friends have strong views of their own and interesting observations to add. Here are a few comments mainly on my Greek referendum blog.

Thanks, Warren

I totally agree with you regarding Greece.  I wonder if a similar referendum might be a good thing for the U.S., with the implication that if the majority of the population does not wish to cut spending and unsustainable entitlements, then the Federal Reserve will be mandated to expand the money supply to cover the shortage by inflation.  Actually, a referendum should put the choice that starkly.

Alternatively, we could rerun the election of 1896  — Fiscal conservative William McKinley versus Inflationist William Jennings Bryan (“free monetization of silver”)…  Then Bryan lost  — I wonder if he would win today.

Obama seems in many ways like another Bryan (without the Bible belt), but where is McKinley when we need him?

Ron [Bird, Virginia]

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I am not that keen on this referendum… It Will take 2 more months to have an answer and as you know, Time is money. Moreover they Will say no, do you know a kid who say yes when his father tell him at a party “do you want to go to Sleep”? They are not masochistic as far as I know.

Finally, it s a complete lack of balls from the politicians who are afraid to take strong decisions. However, that s what they were elected for!

Hugo [Gervais, Paris]

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Warren is smoking crack.

He writes, “If they accept it and embrace and stand behind the reforms

needed, the crisis for Greece will be over.”

And I say that if I grow 10 inches overnight and learn to play

basketball, I’ll be in the NBA.

The only difference between our two statements is that mine has a

.000000000001 chance of happening.

Dan [Mitchell, Washington DC]

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Greetings, Warren

I’m surprised that no one seems as yet to have noticed the irony that the country that invented democracy, and coined the term for it, is the first to be rounded on by a supra-governmental gang of unelected ideologues. I agree with you that the referendum is a good thing but not quite for the same reason you suggest. A ‘yes’ vote might give the Greek government enough political clout to clear out some of the Augean stables. But a ‘no’ vote would be even more fun: it would mean no bailout and lead to default and the exit of Greece from the euro and thus begin the unraveling of the entire misbegotten enterprise. The current prevailing message from the europhiliacs is that the eurozone must not be allowed to fragment, but there may come a time when they see the costs of a no-exit policy as too high and will then ditch the Greeks (and then the Portuguese? and then?) so as to save the currency for the handful of fiscally continent countries still left.

And I’m appalled by the fact that none of the commentators I’ve read has thrown up any hands at the suggestions of ‘closer fiscal union’ as a way of safeguarding the euro. That means, very clearly, taxation without representation, and from there it’s only a small step to tyranny. So the sooner Greece buggers the euro in the grand manner, the better for us all.

Cheers

Martin [Anderson, London]

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hi Warren,

Thanks for sending these.. though I disagree with both. On Libya: it’s way too early to count our chickens. But as I see it, the US got dragged into this by the French and the British on spurious grounds and then overthrew a dictator by force, which was nowhere in the UN mandate, however nasty that dictator was to his own people (for over 40 years, I might add, although we choose to overthrow him only now, and only after he gave up all his nasty weapons and was, so far as anyone could tell, no threat whatsoever to us).

On the Greeks, I’m dumbfounded by the referendum move. Your case makes nice sense in theory but hardly on the ground. How is it possible that Papandraeou, who has been negotiating on a more or less hourly basis with his European counterparts for at least the past six months, could pull off such a surprise? What is really going on? It suggests, at least to me, that the EU is so dysfunctional that there’s nothing to hope for at all. The Greeks voted to join the EU and then the euro. Now is not the time–particularly during the peak of a crisis right after a major negotiation–to second guess that by referendum in the name of validating an EU-wide decision. The EU is not the US but we did away with the doctrine of nullification a long time ago and I suggest the same holds for the EU. This referendum is essentially asking the Greeks to decide to pull out, and if they do it, anyone else can. It’s mad.

Ken [Weisbrode, Boston]

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Ken,

 On Libya, I was saying almost the same thing (see my five earlier warning blogs against getting involved: https://wcoats.wordpress.com/2011/03/10/libya-and-the-drums-of-war/, https://wcoats.wordpress.com/2011/03/13/libya-lets-not-make-it-our-war/, https://wcoats.wordpress.com/2011/03/21/another-long-war/,   https://wcoats.wordpress.com/2011/04/22/libya-further-down-the-slippery-slope/,  https://wcoats.wordpress.com/2011/08/23/libya-part-ii/ ). I am not optimistic about Chapter 2 now starting and glad that we have some chance of staying out of it (though I am worried about that too).

Warren

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Warren

All forms of brinksmanship are pretty much welcome at this point. If you think, like I do, that the problem in Greece and Italy is fundamentally a price competitiveness issue, and not a financing one, then things have to get much worse before people change their ways, start cooperating and stop fighting each other.

It will probably not work out, but hey, that’s cheaper holidays in Italy!

Sahil [Mahtani, Jakarta]

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Dear Warren,

I liked your Greek piece.  Insufferable fools.  They’d trade simple (but not so simple…) bankruptcy for a 50% write down and a road back to prosperity.  I’m going to write about it for my column next week.  I wonder how much looking up at Parthenon makes them still think they’re special? The DNA now is mostly Turkish anyway.

I’ll be back in Manila in time for my book launch with ex-president Ramos in a couple of weeks.  I am starting new quickie the Manila publishers want, “For love of a country: 40 years in and out of the Philippines,” which I can write in my sleep.  Though it is amazing how much comes back one had forgotten. Sometimes it’s just hard to believe we’ve been at this game for over 40 years.

I feel my whole life has been a study of empires falling (UK, now USA), new ones emerging (and in Asia no less).  Obama understands…as you pointed out he did the right thing in Libya.  And isn’t it wonderful to say, let the Europeans do this and that, not coming to us with a begging bowl.  A true silver lining to loss of empire.  George W Bush merely hastened the decline.

Scott [Thompson, Bali]

Leading from behind in Libya

The U.S does not own what happens next in Libya, and the prospects for a good outcome are better because of that.

President Obama and Secretary of State Clinton have come out well with the limited role they gave to U.S. support of the now victorious Libyan insurgents. President Gaddafi was removed from power (and life) without the help of American boots on the ground. It was a victory by Libyans and the outcome, and they are just at the beginning of chapter two, will be theirs to celebrate or lament.

The American approach this time around has several advantages. The hit on our over taxed budget was small and is likely to remain small. But more importantly, the resentment that always follows eventually when our (or any ones) troops occupy a country will be missing. This will also contain long run costs and improve American security.

More important still is the almost certainty that the prospects for Libya to develop a liberal democracy that respects its citizens are larger if they must build it themselves. If they fail, that will be theirs as well.  A viable government that respects human rights cannot be simply stepped into no matter how good a model we might give them. It must be the product of give and take and negotiation amount competing Libya groups. Libya is now entering into such an internal struggle. We should take the side of proper principles of government and human respect, but not the side of a particular group. President Obama’s reserve in limiting American involvement makes such a process among Libyans possible. It will not be easy and I wish them well.

Libya: Part II

What will happen next in Libya and what should we do?

As we attempt to save the Republic by trimming government back to size (back to what we can afford and back to what only government can do), surely we can forego a few of wars the neocons would like to plunge us into. Actually my warning cries as we were sliding into another one in Libya had much more to do with the unlearned lessons of the past about how best to influence future event for the better than with the wasting of more precious treasure (lives and other resources). To his rather bumbling credit, President Obama gave in to the pressures of the warmongers reluctantly and only partially in Libya. Our involvement has been largely supportive of more direct, though also limited, NATO support for the rebels.

But here we are at the beginning of Part II of the Libya drama. The rebels seem to have finally toppled the truly crazed Gaddafi. We can all cheer his demise, but what will follow? Who are the rebels and where are they planning? We actually know more about them than when we first chose to support them (a collection of different tribes, political philosophies, and religious views, some good and some bad). Who will emerge on top and what will the struggle for dominance of the new regime be like? Will the average Libyan be better off or worse off? It is impossible to know at this point.

Craig Whitlock reports some interesting reactions to the Libyan civil war from the area in yesterday’s Washington Post, “Libyan rebels renew hopes of Arab Spring”

“If the shooting quickly subsides and the Libyan rebels are able to build a functioning central government, it would give further encouragement to protesters in the streets of Damascus and Sanaa. But if Libya descends into factionalism or tribal warfare — with scenes reminiscent of Iraq after the fall of Saddam Hussein — then ardor for the Arab Spring could cool again.

“‘People are going to be looking at how this plays out very, very closely,’ said Jon B. Alterman, director of the Middle East program at the Center for Strategic and International Studies. ‘It’s easy to agree that the leader must go. It’s much harder to agree on what comes next.’

“Some Palestinian activists said that their aspirations, too, had been buoyed by the success of the Libyan rebels but that NATO’s involvement had taken the sheen off the results.

“‘It is getting a cautious welcome because it was achieved with foreign intervention rather than by the people themselves, as was the case in Egypt,’ said Hani al-Masri, a political analyst in Ramallah, West Bank. ‘Some people are calling it liberation through occupation. The Egyptian experience was inspiring. In Libya, we have to wait and see.’”

My pessimism about our ability to improve the world (and our safety) with armies does not mean that I think we should do nothing in Libya or elsewhere to promote a better world (rule of law, respect for human liberty and rights). We know a lot about the blessings of liberty and the institutions (not necessarily, or even very often, just like our own) that help promote and preserve it. We have an interest, both humanitarian and national self-interest, in doing our best to share our knowledge and to promote sound governance and free markets in Libya and elsewhere. This is often done best by international organizations such as the International Monetary Fund and the World Bank. It cannot be successfully imposed from outside. It must to the form of support and encouragement to the indigenous forces for good (if we think we know who they are).

I commend to you the op-ed piece on this subject in the The Washington Post by Stephen Hadley on August 18th: “Our chance to shape change in North Africa and the Mideast”.