Meet Ed Snowden, and other notes from a remarkable week in privacy and espionage‏

As they used to say on every Top 40 rock ‘n’ roll station ever, the hits just keep on comin’:


After a stunning one-two punch of secret spying revelations last week, one thing that I hadn’t really counted on happened right away: a voluntary and fairly proud confession from the guy who says he turned over the secret documents to the reporters.  Meet Ed Snowden, and read the Washington Post reporter’s sidebar describing what it was like to communicate with Snowden, who knew that he had turned himself into a marked man.


Last week someone (I forget who) noted, possibly on Twitter, the irony that we as a nation feel confident in farming out our National Security Agency work to companies like Snowden’s employer, Booz Allen Hamilton, which didn’t know that he was gathering up documents and talking to reporters, but the job of groping us in airports is so critical that only a government employee will do.  Oh, by the way, in a classic horse/barn door kinda thing, Booz Allen finally got around to firing Snowden


I also expected this sooner: the ACLU is suing the government alleging violation of its rights of free speech, association, and privacy:

As an organization that advocates for and litigates to defend the civil liberties of society’s most vulnerable, the staff at the ACLU naturally use the phone—a lot—to talk about sensitive and confidential topics with clients, legislators, whistleblowers, and ACLU members. And since the ACLU is a VBNS [Verizon] customer, we were immediately confronted with the harmful impact that such broad surveillance would have on our legal and advocacy work. So we’re acting quickly to get into court to challenge the government’s abuse of Section 215.


One of the most fun things here has been that the secret court orders forcing telephone and Internet companies to turn over information are so secret that the companies aren’t even allowed to discuss the orders, and the news has made it look like the companies have been happily cooperating with the feds in violating their customers’ privacy.  For anyone who still thinks there is no presumption of privacy anymore, consider this: Google is asking government permission to spill the beans and tell its customers what it has done, in order to “to ease public concerns about the privacy and security of users’ data.”

Google’s inability to disclose “the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests” fuels speculation that the company has given the U.S. government free access to all its users’ data. That speculation, [Google chief legal officer David] Drummond wrote, is “simply untrue.”


What about our national leaders, the men and women to whom we look for guidance and wisdom on such occasions…what do they have to say about this whole invasion of privacy/government spying on Americans thing?  Fortunately, some have been right on top of things, speaking out in favor of a national discussion about the proper balance of safety versus privacy; some have taken some time to think things over before coming to a conclusion about Snowden, and most are waiting for the polls to come in.


OK then, here’s the first poll: Americans tell the Pew Center that they’re pretty much OK with their government spying on them

The latest national survey by the Pew Research Center and The Washington Post…finds no indications that last week’s revelations of the government’s collection of phone records and internet data have altered fundamental public views about the tradeoff between investigating possible terrorism and protecting personal privacy.

Currently 62% say it is more important for the federal government to investigate possible terrorist threats, even if that intrudes on personal privacy. Just 34% say it is more important for the government not to intrude on personal privacy, even if that limits its ability to investigate possible terrorist threats.

Not everyone thinks that, though, me included.  But I’ve already had my say this past week; I recommend taking a look at Emily Bazelon’s thoughts on government abuse of power

The government has admitted to unconstitutional NSA spying before—last year. The existence of these newly reported databases should be worrisome because once the information is collected, it is so much easier for the government to misuse it. The more data mining, the more it becomes routine and the more tempting to come up with more uses for it. If you trust President Obama and his people not to go too far, what about the next president, or the one after that? We have now had a Republican and a Democrat administration sign up for a broad expansion of warrantless wiretapping and other surveillance, and bipartisan support in Congress for the tradeoffs we have struck. And yes, there is more to the current revelations than we know—in particular, the rationale for the FISA court’s long-standing order for the phone data, and the rationale for PRISM. Let’s concede that a terrorist attack somewhere has probably been prevented as a result of these efforts. So how do we ever go back?

We probably don’t. And someday, the abuses will begin, in all likelihood long before we know about them. I’m not usually moved by slippery slope arguments. But this one looks so very easy to slide down.

…and Charles Cooke’s consideration of a simple historical lesson on personal privacy in a free society:

The adult truth, as ever, is that being free means accepting the negative consequences of being free. I daresay that if cameras were installed in every one of the Republic’s private bedrooms and monitored around the clock by well-meaning sentinels, then the rates of both domestic violence and spousal murder would decrease dramatically. But a free people must instinctively reject such measures as a profound threat to their liberty and, in doing so, accept the risks of unregulated home life. Alas, the story of the last century is the tale of a gradually diminishing tolerance for risk. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it,” wrote Thomas Jefferson. In almost all areas, our modern calculation is quite the opposite.

(snip)

The Fourth Amendment exists now for precisely the same reason that it existed in 1791: to ensure that, in the absence of extremely compelling situations, Americans are not subject to casual government scrutiny. Its authors understood that knowledge is power, and that, as there is no justification for the state to have too much power over you, there is also no justification for the state to have too much knowledge about you


I hope that as this story continues in the months to come, people will give it the serious thought that it deserves.  For those having a tough time getting a handle on what all the furor is about, try this as a starting place: would you feel the same way you do now about the actions of the U.S. government if the last president were still in the White House?

In the spring a young man’s fancy also turns to baseball and cars; politics is getting in the way

Yep, another great day: sunny skies and highs in the low 80s in southeast Texas, got a ticket for my first game of the new baseball season tonight, made some good progress with a new swing thought out on the driving range yesterday, and I’m about a week away from trading in a serviceable but boxy and uninspiring VW for a very low mileage Honda two-seater—just the kind I’ve always loved and used to drive—while lowering my costs in the process!  With Rick Santorum’s exit from the GOP presidential primary, I’m hoping we can all enjoy a period of relative campaign quiet, too, but here’s something to roll around in your head before Mitt Romney and Barack Obama, and the permanent political class, use up all the oxygen.

It has looked like, from the vantage point of today, that come November we voters would face a choice between the radicalism that defines today’s Republican Party or another four years of divided government and damn little constructive effort on crucial economic issues.  Even the most moderate-seeming Republican candidate, Romney, was disavowing anything in own past that smelled of reasonableness and compromise, to appeal to the extremists who make up most of the GOP primary voters.  But the need for that should be over now, absent a mind-boggling resurgence from Newt Gingrich or Ron Paul or a last gasp charge to the convention from Sarah Palin or someone of that ilk to rally the “true conservatives.”

But even as Romney starts to redefine himself to appeal to the less ideological among us, Republicans will have a quite a slog in front of them if they wish to broaden their appeal beyond those who’ve already drunk the Kool-Aid.  Former White House speechwriter and senior policy adviser Michael Gerson says it’s not just a matter of trying to counter the Democrats’ “war on women” meme: “The GOP’s main problem is not the contraceptive issue; it is the perception that it has become too ideological on many issues.”

Women and independent voters have seen a party enthusiastically confirming its most damaging stereotypes. The composite Republican candidate—reflecting the party’s ideological mean—has been harsh on immigration, confrontational on social issues, simplistic in condemning government and silent on the struggles of the poor. How many women would find this profile appealing on eHarmony?

This is the hidden curse of the Republican congressional triumph of 2010. Republican activists came to believe that purity is all that is necessary for victory. But a presidential candidate, it turns out, requires a broader ideological attraction than your average tea party House freshman.

From an academic standpoint it will be interesting to see if and how Romney and the more traditional Republican elements work to sand the scary edges off of their primary campaign messages, to widen their appeal and entice the plurality of American voters who don’t ritualistically identify with the Republican or Democratic parties; those are the people who will decide this election.  (The Obama campaign isn’t going to make it easy, already working to reinforce Romney’s “severe” conservatism and other primary campaign highlights.)  Gerson argues that “Mainly, women and independents want some reassurance that Republicans give a damn about someone other than Republican primary voters. It is not a high bar. But Romney needs to start somewhere…”.  I’ll check back in after Memorial Day to see how he’s doing.

The Washington kabuki

It’s playing out just as any predictable, poorly-written melodrama might, these “negotiations” to raise the federal debt ceiling and avert a national economic emergency, particularly when the play is performed by such transparent and ham-handed actors.

As expected, yesterday the Senate refused to go along with the House bill to cut government spending and pass a balanced budget amendment to the Constitution (which even National Review’s Rich Lowry is against); it was thought this might provide the cover for enough Republicans to be able to say that they had done their best to comply with Tea Party demands but now had to vote for a debt ceiling hike to avert a crisis, but we haven’t seen that start so far.  Then, Speaker Boehner dramatically announced he was “abandoning” his negotiations with President Obama and laid all the blame on him for not giving in to the no-tax-hike meme…before he announced he would continue negotiating.  Obama says Boehner’s rejected a plan with less tax increases than what the Gang of Six proposed earlier in the week, and he’s called for more negotiations this weekend, while Senate leaders are trying to revive the scheme to let the president raise the debt ceiling without members of Congress having to cast an approving and politically-dicey vote.

Politically dicey?  Yes, for the many Republicans in the House more worried about getting a Tea Party-ish challenger in next year’s primary election than they are about the United States defaulting on its debts.  How’s that for statesmanship?

(Check out the letter Boehner sent to House Republicans on Friday, and expect to see/hear the verbiage again in campaign ads.)

So they talk this weekend, and come out of the talks to stand in front of the microphones and say predictable things.  I feel pretty confident they will come up with some way to beat the deadline and raise the debt ceiling to prevent default, even if they don’t tie it to spending cuts or increased revenue (which isn’t necessary—these are separate albeit related issues).  But I wish they would take advantage of the opportunity now to take some action on spending and revenue, because that’s going to have to be addressed and sooner would be better than later.  David Brooks thinks so, too, arguing that “Standing still is not an option.”

Doing nothing could lead to default and the end of American economic supremacy. The compromise put together by Harry Reid, the Senate majority leader, and Mitch McConnell, the Republican minority leader, that’s been floating around is a ploy to evade responsibility. Punting with some small package would spook the markets and reflect dishonor on yourself.

(snip)

You do it because you know the political climate will be worse for a deal in 2013. If you’re a Republican, you know Obama might win re-election, and even if the G.O.P. swept everything, you know your party wouldn’t have the guts to cut entitlements unilaterally (that’s why the cut, cap and balance bill didn’t mention the specific programs that would face the ax). If you’re a Democrat, you know Obama might lose, and, even if he doesn’t, the Senate will likely tilt rightward.

Mostly you do it because you want to live in a country than can govern itself.

(snip)

…this is the next step in the journey toward economic health.

Political opportunists exploit Ground Zero, and not in a good way

September 11 is right around the corner, and this year it is likely to spike the hysteria over the planned construction of a community center two and a half blocks from the World Trade Center site.

Doesn’t that sound a lot less creepy and threatening than “a mosque at ground zero”?  That’s the gist of the problem.

A Muslim group in New York City wants to build a community center, including space for religious observance, at 45-51 Park Place in lower Manhattan, a site near the hole in the ground where the Twin Towers stood.  Google the address to see the distance between it and the pit.  There have been complaints from people who find the idea of a mosque at ground zero appalling and insensitive, and in some cases a symbolic victory for the people who carried out the September 11 attacks (and who are, it is true, still at war with the United States and plotting our destruction).  It’s not been made clear (to me) if there are objections to the swimming pool and meeting rooms in the plan, or just that there would be areas for Muslim religious activity.

I don’t follow how building a community center shows insensitivity to the victims of a terrorist or criminal act, unless you blame the builders of the center for the attack.  The man behind the Cordoba House has some questionable beliefs, but no associations with Osama bin Laden or Al Qaeda.  If the people behind this proposal aren’t directly connected to the 9/11 hijackers, is the objection some sort of guilt by association?  I’d like to believe that association with Islam is not the cause of the opposition, since Islam didn’t attack us—that was done by some people with a perverted interpretation of Islam.  They’re no more representative of Islam than the (insert name of your favorite religious fringe group here) are of Christianity.

People who commandeer passenger jets and use them as missiles deserve our attention.  The last president let his administration turn that attention into fear, and enough of the fear became irrational enough to be exploited as a wedge to grab power and start a war that had nothing to do with finding the people who attacked us, merrily ignoring civil liberties along the way.  It’s not too big a leap to say that irrational fear, and political opportunism, are pumping up the volume in this case.

Charles Krauthammer makes a compelling point about preserving sacred ground, although he doesn’t say how far away would be far enough, and Ross Douthat has an interesting column about how the constitutional America and the cultural America are in conflict on this issue, and I see his point.  But I’m no culture warrior: no one’s made an argument that the proposed construction is illegal, the necessary governmental authorities have approved the plan, neighborhood and business groups approve, we’re not religious bigots…and it’s two blocks down and around the corner, for crying out loud.  Let’s move on.

Want more?  William Saletan does a skillful job taking down the anti-mosque arguments on their face, and their proponents with them.

How about a joke?  This is ridiculously close to a real news item:

The Statue of Liberty was briefly evacuated today after a faulty sensor in an elevator shaft falsely indicated smoke. While there were no immediate reports of injuries, the very idea that someone might build a Muslim community center just across the water from the site of that undamaged sacred ground was compared to a stab in the heart by a bunch of racist yahoos.