#JeSuisCharlie

What happened in Paris this morning?  Well, for starters, it’s not about cartoons:

…this isn’t about Charlie Hebdo’s cartoons, any more than a rape is about what the victim is wearing, or a murder is about where the victim was walking.

What happened today, according to current reports, is that two men went on a killing spree. Their killing spree, like most killing sprees, will have some thin rationale. Even the worst villains believe themselves to be heroes. But in truth, it was unprovoked slaughter. The fault lies with no one but them and their accomplices. Their crime isn’t explained by cartoons or religion. Plenty of people read Charlie Hebdo’s cartoons and managed to avoid responding with mass murder. Plenty of people follow all sorts of religions and somehow get through the day without racking up a body count.

Read Ezra Klein’s essay.  And this one by Joe Randazzo, a former editor of The Onion.

If it turns out that members of Al Qaeda or some other radical “Islamic” sect carried out this attack, the saddest, most profoundly ironic thing about it will have been that the satire worked. It did its job. It so threatened its target, cut so deeply at the truth, that it resorted to the most cowardly, most offensive and despicable form of lashing out.

Satire must always accompany any free society. It is an absolute necessity. Even in the most repressive medieval kingdoms, they understood the need for the court jester, the one soul allowed to tell the truth through laughter. It is, in many ways, the most powerful form of free speech because it is aimed at those in power, or those whose ideas would spread hate. It is the canary in the coalmine, a cultural thermometer, and it always has to push, push, push the boundaries of society to see how much it’s grown.

It’s about freedom—of speech and of religion.  Yes, I know that the people who committed the murders in Paris today probably aren’t Americans with an American’s sense of those freedoms—more the reason why people who do have an American’s sense of freedom should be spreading the message.

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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?