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

Pat Ryan Leave a comment

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?

Stand by for American history

Pat Ryan Leave a comment

The United States Supreme Court hears arguments this week in two cases involving same-sex marriage that could make civil rights history.  For those who can get beyond a knee-jerk reaction to the very idea of same-sex marriage, who are interested in the nuts and bolts of how the court operates, how this court operates, who want to be able to read the reports of the oral arguments or listen to the arguments themselves (yes, listen—the same day!) critically and develop their own insight into what’s happening and what the results may be, check out Emily Bazelon’s post in Slate today.

Tuesday and Wednesday, the Supreme Court will dive into back-to-back arguments about gay marriage. These cases that are probably the biggest of the term, and certainly the sexiest. First up is an hour of Hollingsworth v. Perry, the suit challenging the constitutionality of California’s voter-approved gay marriage ban. Next comes an hour and 50 minutes on United States v. Windsor, which takes on the definition of marriage in the federal Defense of Marriage Act. That definition—the union of a man and a woman—denies gay couples more than 1,000 federal benefits that come with marriage, relating to everything from inheritance taxes to health insurance for veterans, even when their marriages are legally recognized in the states they live in.

The arguments will feature top lawyers including Ted Olson (former Bush solicitor general, pro-gay marriage), Paul Clement (former Bush solicitor general, anti-gay marriage), Donald Verrilli Jr. (Obama solicitor general, pro-gay marriage, though the Obama administration is still enforcing DOMA), and Vicki Jackson (Harvard law professor who will argue that the Obama administration doesn’t belong in court). What should we watch for to gauge how these cases will come out? Here’s my checklist.

Meanwhile, in case you missed it, here are the stories about the amicus briefs from the White House and Bill Clinton,  now both in favor despite earlier efforts to the contrary, and from major businesses that have always tried assiduously to avoid taking sides on anything as controversial as same-sex marriage, but now argue that the ban hurts business.  Even prominent Republicans, including Clint Eastwood, are making a case in favor of same-sex marriage.  The times, they are a-changin’…we should find out in June, when the decisions are expected to be announced, just how much.

This is the coolest thing I’ve seen in a long, long time

Pat Ryan 3 Comments

This just popped up in my FeedDemon this morning, and it brought tears.

Just like this kid, I’m a big Billy Joel fan and dreamed of playing with him; unlike this kid, I never had the balls to ask. Michael Pollack got to live a dream, and I’m jealous as hell—-jealous that he got to play with an idol, and that he can play the piano so well. Also, good on Billy for saying yes…

Congratulations, America

Pat Ryan Leave a comment

We did some good things out there in those little voting booths yesterday…most of us…but a hearty “good on ya” to everyone who took the trouble to participate in the process beyond just running their mouths (or their typing fingers).  And as my old high school biology teacher (and football coach) used to say each Monday morning in the fall, “I’d like to say jest a few words about the happ’nins of last week.”

Light bulbThis morning McClatchy ran a pretty good early analysis of why a president who seemed to be in a neck and neck race for re-election ended up winning so decisively.

…Democrats say [President Barack] Obama was able, despite the sluggish economy, to point to achievements. He trumpeted success at preventing the economy from hitting bottom with a stimulus plan that plowed government dollars into hiring. He achieved long-sought health care legislation, enacted a firewall to prevent a relapse of the Wall Street fiasco, backed a federal bailout to save auto industry jobs, ended the war in Iraq and oversaw the raid that ended in the death of Osama bin Laden.

“Osama bin Laden is dead and General Motors is alive,” Vice President Joe Biden suggested as an Obama campaign bumper sticker. “That about sums it up, man.”

At the close of the election, Obama was boosted by a crisis beyond any candidate’s control. As the massive storm Sandy barreled up the East Coast, Obama suspended his campaign appearances to tend to the emergency response, projecting an air of confidence and compassion and avoiding the criticism that plagued former President George W. Bush in the wake of Hurricane Katrina.

Light bulbOh, and on that neck and neck thing: Nate Silver of The New York Times 538 Blog, the target of a lot of conservative venting over his analysis of state by state polls which predicted that Obama had a way better than 50-50 chance of winning, is the smartest man on the planet today: if by now we know that Obama won Florida, Silver picked every. state’s. outcome. correctly.

“Journalists who professed to be political experts were shown to be well connected, well-informed perhaps, but – on the thing that ultimately decided the result: how people were planning to vote – not well educated. They were left reporting opinions, while Nate Silver and others reported research.”

Light bulbPolitico has a list of the dozen things we learned yesterday.

7. The Bush problem lingers

Romney’s refusal to triangulate away from President George W. Bush is one of the stranger decisions he made in this political climate.

Exit polls from Tuesday night show that a majority of voters still blame Bush for the weak economy.

This could be cause for concern for former Florida Gov. Jeb Bush, who is widely viewed as a potential 2016 hopeful and is a middle-of-the-road voice on immigration reform. It’s also an issue in terms of some of the Republicans’ top figures, such as Crossroads co-founder and former Bush political strategist Karl Rove.

How the Republicans deal with this in the next two years will be telling as their chances of reclaiming the White House next time around.

Light bulbOne more thing I learned is that Mitt Romney, though clearly in emotional pain when he took the stage in Boston, was incredibly gracious in defeat, setting a terrific example when he said “This is a time of great challenge for America, and I pray that the president will be successful in guiding our nation.”  Compare that to the creepily gleeful declaration from Republican leaders four years ago that their highest priority was to make Obama a one-term president, a priority they pursued with no discernible concern for the impact of their actions on the nation they claimed to love and swore to serve.  Those among them who don’t try to live up to Romney’s “come together” example are giving us a glimpse of their true motivations.

Light bulbSpeaking of their motivations, LZ Granderson thinks the president has won some vindication from those who’ve been clamoring to “take our country back” and have never seemed to have been able to give Obama credit for anything he’s done.

So when he was awarded the Nobel Peace Prize, his critics spent more time discrediting the importance of the award than congratulating him for winning it.

When unemployment fell under 8%, they accused the Obama administration of fixing the numbers.

When the president opted to campaign instead of surveying the damage caused by Hurricane Isaac sooner, he was called selfish. When Obama left the campaign trail to survey the damage caused by Hurricane Sandy, former FEMA Director Michael Brown criticized him for responding too quickly.

Nothing he did was good enough for them.

But on Tuesday, it was good enough for the majority of real Americans.

Light bulbThe drive to extend equal protection of the law to homosexual citizens and give them the right to marry under civil law cleared another hurdle: for the first time, voters have said yes to same-sex marriage.  Lots of them, in fact.

Light bulbThe extremists who shanghaied the once-proud Republican Party must consider if they will moderate their views on many issues to broaden their appeal or if they’d rather defend those cherished beliefs…and lose election after election because, inconvenient though it may be to admit, most Americans just don’t agree with what they seem to stand for.

Light bulbMeanwhile, the president and the current Congress must pick up the can they kicked down the road a year ago and find an answer to correcting our government’s budget deficit: if they take no action at all, there will be massive cuts to discretionary spending at the first of the year that may well push the economy into another recession.  Swell.

OK then…let’s talk about something else for awhile, OK?

Time to take the long view

Pat Ryan Leave a comment

In less than a day we’ll either know which candidate has won the election for president or we’ll be standing by at the starting gate to cheer the lawyers as they rush for the courthouse to file suits protesting the election of 2012.  Either way: good times.  If you’re like me and have subscribed to the mantra “please, for the love of God, make it stop,” you haven’t been thinking about the elections that come after this one; here’s a little food for thought when you do.

The demographics of the American electorate are in the midst of an historic shift that bodes ill for the future of today’s Republican Party and Tea Party and any other angry-old-white-people’s party, whether they win this election or not.  The findings of the Pew Research Center include that:

  • We are steadily moving toward the day when minorities will be the majority. In 1950, the country was 87 percent white. [Paul] Taylor says that number will dip below 50 percent by 2050.
  • “The people leaving are predominantly white. The people coming in are heavily nonwhite.”
  • The growing percentage of the population that is minority comes thanks to a fast-growing Hispanic population as well as a steady increase in the number of Americans of Asian descent.
  • “Republicans are 90 percent white. Democrats are only about 60 percent white,” says Pew Research’s Andy Kohut. “The Republicans have a white problem — or a lack of diversity problem. It’s not apparent in this election so far, but over time, the changing face of America is going to represent more of a challenge to the GOP than to the Democrats.”
  • Minorities overwhelmingly favor Democrats. That trend is likely enhanced by President Obama’s status as the nation’s first black president. In this election, African-American support for Obama tops 90 percent. Polls show Hispanics supporting the president by better than 2 to 1.
  • As for white voters, polls show they prefer Republicans. They went 55 percent for John McCain four years ago, and this year Mitt Romney is doing just as well or even better among whites.

(Surely is it just coincidence that the 90%-white party is proudly in the lead on issues of “immigration reform” and “securing our borders” and “preventing voter fraud.”)

Add to that calculus the fact that a growing number of people—now more than 40% of Americans—say they are not Republicans or Democrats, and that younger voters, the ones filling in the voter rolls as the older voters die off, are also more liberal in their attitudes on the GOP’s favorite social issue shibboleths.

When I cast my first vote in a presidential election and my guy lost, I was very worried that society was going to unravel.  It didn’t, of course, but I was only 18 and didn’t have the virtue of the long view.  The country has powered along in greased grooves for a few generations since then, just as it did for 200 years before that.  I don’t mean that everything has been perfect or that we can take national success and longevity for granted and lay back sipping daiquiris by the pool, but I don’t believe that today’s situation or the outlook for the future are as bad as the partisan zealots and the political-industrial complex make them out to be.  Not if we can finally get our leaders to take responsible action to pull the federal budget back from the cliff while there’s still time…that should become our focus between now and New Year’s; then we can worry about the cable news noise stations and their crises du jour.