God help us if we lose
At the end of the eighteenth century,
the laissez-faire-philosopher-turned-statist Jeremy
Bentham devised a scheme for the design of a
prison he called the Panopticon: a circular building at the center of
which is a watchtower made of glass from which it is possible to observe the
inmates at all times. If we look at America as one
vast prison, with ourselves as the inmates, we can get some idea of what the
national security bureaucracy was envisioning when they conceived PRISM, “Boundless Informant,” and the program
that records
the details (minus content) of every phone call made
in the US (which, as far as I know, doesn’t have a name). Derived from
documents leaked to the Guardian newspaper columnist Glenn
Greenwald,
these revelations throw back the curtain on a modern day, hi tech Panopticon,
with the high priests of the National Security State sitting at the center of
it, relentlessly observing us, the prisoners—who don’t even know we’re
prisoners – 24/7.
PRISM allows the National Security
Agency (NSA) “direct access to the systems of Google, Facebook, Apple and other
US internet giants,” according to a top
secret document obtained by the Guardian newspaper. The information scooped up
by the NSA includes “search history, the content of emails, file transfers and
live chats,” according to the Power Point presentation leaked by
former NSA contractor Edward
Snowden. The
document claims the US (and
British)
governments collect this information “directly from the servers” of internet
service providers. While at first denying even knowing about any such
government program, as well as the idea that they would allow direct access to
their servers, the named ISPs later conceded the
truth of these accusations by acknowledging that the information is indeed
being provided in a “online room,” where massive amounts of information are
stored and then transferred to government snoops.
In response to civil
libertarians who worried about the extend of
government surveillance, and whether it went beyond the bounds allowed by law,
the NSA and the intelligence community routinely denied they
were spying on Americans. It’s just those dastardly foreigners, they said: oh,
but of course we inadvertently scooped up some information on American
citizens, however that was an unavoidable accident – and, in answer to
inquiries from Sens. Ron Wyden and Mark Udall, they claimed there was no way of
knowing how much or to what extent surveillance of Americans had occurred. No
sooner had that been run up the flagpole than the Guardian debunked this particular lie with yet
another blockbuster story, this time exposing a program given the sinister name
of “Boundless
Informant”:
“The National Security Agency has developed a powerful tool for recording and analyzing where its intelligence comes from, raising questions about its repeated assurances to Congress that it cannot keep track of all the surveillance it performs on American communications.
“The Guardian has acquired top-secret documents about the NSA data-mining tool, called Boundless Informant, that details and even maps by country the voluminous amount of information it collects from computer and telephone networks.”
Accompanying the Guardian story is a
“heat” map reprinted from the original documents
showing where the snoops are spying most intensely, with high rates of
interception in red and orange, and the rest in shades of green. America is
colored orange. “Boundless Informant” has the ability to determine how many
communications have been intercepted in a given country, what sort of
communications they are, and other details. In a snapshot of what our spooks
scooped up in March, 2013, we see Iran came in first, unsurprisingly, with more
than 14 billion reports, with Pakistan and Jordan following close behind. Egypt
and India also figure prominently. Israel looks bright red to me. The map
affixes a number to the orange-colored United States: 2,892,343,346 –
presumably the number of “reports” coming into the Panopticon for that month.
Combined with the massive
phone call database being compiled – which can track your
location as well as your calls – this triad of Orwellian devices constitutes a
modern day Panopticon, one that defines us all as inmates in some vast penal
institution. Which pretty much sums up the status of the individual in the year
2013, and, indeed, in the entire post-9/11 era. We are living in the era of the Surveillance
State, in
which the “enemy” is not just some nameless, faceless terrorist but,
potentially, anyone and everyone.
In the midst of these shocking
revelations, their author has bravely come forward: he is 29-year-old Edward
Snowden, a
former employee of the Booz-Allen defense contractor who worked for the NSA and
has now apparently fled to Hong Kong. In an
interview with the Guardian, Snowden states his motives
forthrightly:
“The NSA has built an infrastructure that allows it to intercept almost everything. With this capability, the vast majority of human communications are automatically ingested without targeting. If I wanted to see your emails or your wife’s phone, all I have to do is use intercepts. I can get your emails, passwords, phone records, credit cards.
“I don’t want to live in a society that does these sort of things … I do not want to live in a world where everything I do and say is recorded. That is not something I am willing to support or live under.”
This is what is going to save our
republic, in the end: the existence of people like Edward Snowden, who, I’m not
surprised to learn, contributed
$250 to Ron Paul’s 2012 presidential
campaign. The whole tenor of his remarks to the Guardian bespeaks an explicitly libertarian
critique of the “authoritarian mindset” – as he puts it – of the government
spies who are tracking our every move. This
video interview with Snowden, conducted by Glenn
Greenwald, literally brought tears to my eyes: one could not possibly hope for
a clearer, more eloquent indictment of the emerging American police state than
Snowden’s withering analysis of what he calls “the architecture of oppression.”
Here is someone who gave up a comfortable life in Hawaii as a highly-paid
government contractor and now risks jail – “I
do not expect to see home again” – and eternal exile. Why did he do it?
To give the American people the information they need to decide whether they
want to live in a society where government spying on citizens is ubiquitous.
His greatest fear? It’s not imprisonment, but the fear that his act will change
nothing.
It’s up to us to make sure his heroic
act is not in vain. He appears to be a confirmed libertarian, and an informed
and articulate one at that. Libertarians are in the vanguard of this fight, and
have been from the beginning: it’s no accident that Sen. Rand Paul is
introducing legislation – the
Fourth Amendment Restoration Act – to
shut down the Panopticon now. Thank the gods for the Glenn Greenwalds, the Daniel
Ellsbergs, and
the rest of the honest liberals who defend the long and distinguished civil
libertarian tradition on the left – they are our invaluable allies
Snowden is bound to be pilloried as a
“traitor” by the
neocons, the Lindsey
Grahams and John
McCains, and
their newfound best friends in the Obama administration: the latter will
doubtless pursue Snowden just like they pursued Bradley
Manning and are still pursuing Julian
Assange. And
I can’t wait to hear from the Obama
cult on all this. Snowden is already being
attacked by the Usual Suspects for his choice of sanctuaries, and he answers
the question of why Hong Kong:
“I think it is really tragic that an American has to move to a place that has a reputation for less freedom. Still, Hong Kong has a reputation for freedom in spite of the People’s Republic of China. It has a strong tradition of free speech.”
Stronger, apparently, than our own – and
that may indeed turn out to be true, at least in this particular case. Aside
from the bitter
irony of having to flee to Red
China in order to escape the enemies of
freedom – I told you we’re living in Bizarro World –
this is actually quite a smart
move,
because it’s an open question as to whether the Chinese government will hand
him over to the Americans. If they do, they will surely take their time about
it. Hong Kong has autonomy in its internal affairs, while defense and foreign
policy are Beijing’s domain. The relatively liberal politics of Hong Kong make
a quick handover unlikely – and, as far as Beijing is concerned, especially
unlikely in the wake of a Sino-American summit at which President Obama went out
of his way to complain about alleged Chinese
hacking of US computer systems. In response to that charge, Snowden had this to
say:
“We hack everyone everywhere. We like to make a distinction between us and the others. But we are in almost every country in the world. We are not at war with these countries.”
While some Chinese officials would no
doubt like to be able to hand Snowden over to the Americans, the political
dynamics of such a move are highly problematic. They don’t want to be seen as
caving in to American pressure: the ultra-nationalist Chinese
public has enough gripes about official corruption and growing economic
inequality for the Politburo to throw this into the boiling pot. The leadership
transition is still shaky, and the new leader, Xi Jinping, is going to be
sorely tested as this becomes a major diplomatic bone of contention between
Beijing and Washington.
The impact of these stunning revelations
is bound to reverberate throughout the world, with international as well as
domestic political implications we have only just begun to contemplate, but one
aspect of all this I find especially interesting, and that is how it is
changing the ideological atmosphere in this country. The change was neatly
summed up in a
tweet by one Zaid Jilani, who I believe is a former blogger for one of the liberal think tanks:
“Don’t care what party you vote for, if you’re tea party or#OWS, the only political labels right now are authoritarian or not-authoritarian.”
Certain events define the battle lines
and show us just where everyone stands, and the Snowden-Greenwald revelations
are just such an occasion. Where you come out on this issue defines who and
what you are: the “liberal” pundits defending this
administration’s multi-pronged assaulted on civil liberties will go down in
infamy as the Benedict Arnolds of the American left. In such times, when the
stakes are this high, and the future of the republic is at issue, character
determines who will stand up and who will bow their heads to the powerful. What
is striking, to me, is the atmosphere of fear that this administration has
managed to instill in potential whistleblowers: in his Sunday morning interview with
George Stephanopoulos, Greenwald was asked if the FBI has paid him a visit
“yet”: Glenn’s answer was classic. He said that if and when the FBI comes
calling he’ll tell them, “There’s this thing called the Constitution, the First
Amendment of which” guarantees his ability to report what the government is
doing in the dark. He made it clear he isn’t intimidated, and when
Stephanopoulos asked if we can be expecting more revelations, Glenn said, “You
can.”
For the first time in many years, there
is a massive fightback against the continuous assault on the Constitution and
the rule of law we’ve been experiencing since September 11, 2001. God help us if we lose.
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