Treading Water On NSA Surveillance, Ctd.

Evidently given prior notice of the dissatisfaction that was certain to fall on his head should he fail to announce any substantive changes to the bulk telephony data collection programme that flourished under his administration, President Obama triangulated and managed  to set out a plan that included the illusion of substantive changes. It may prove enough to fool the trusting and the credulous, but there are precious few of those sorts of people left to be fobbed off.

He listens. He gets it.
He listens. He gets it.

The New York Times gives a good overview:

President Obama, declaring that advances in technology had made it harder “to both defend our nation and uphold our civil liberties,” announced carefully calculated changes to surveillance policies on Friday, saying he would restrict the ability of intelligence agencies to gain access to telephone data, and would ultimately move that data out of the hands of the government.

But Mr. Obama left in place significant elements of the broad surveillance net assembled by the National Security Agency, and left the implementation of many of his changes up to Congress and the intelligence agencies themselves.

The one announcement not earlier anticipated by the New York Times was the fact that the president may be slightly more amenable to the idea of telecommunications companies or as-yet unspecified third parties holding the unconstitutionally-gotten telephony metadata, rather than the NSA itself. The Times reports:

On the question of which entity will hold the storehouse of phone metadata, the president said Mr. Holder would make recommendations in 60 days. Privacy advocates have called for telecommunications providers to keep the data, though many of the companies are resisting it.

And resist they should. Due to the sensitive and highly politically charged nature of the data being held, why would a private firm wish to open itself to potential liability from lawsuits by hosting the data? Furthermore, unsavoury and unconstitutional though it may be for the government to be collating this data, it is probably more secure in the hands of the paranoid and capable people at the NSA than it would be in some corporate data centre.

But all of this is beside the point – it is not the question of where the data is hosted that upsets civil libertarians. If someone robbed banks for a living, the main concern of the public would not be where the robber is hiding the stolen cash before laundering it, it would be the fact that he is robbing banks in the first place. Similarly, the point of contention here is not whether the US government or private telecommunications companies holds vast troves of data about the telephone calls made by US and foreign citizens – it is the fact that the government seeks to monitor and check this information without a warrant to do so in the first place.

It is hard to listen to anything that Obama says on the issue of national security and privacy without remembering that he wouldn’t be saying anything at all had his clandestine spying apparatus not been revealed to the world by Edward Snowden, and that the debate that he now seeks to claim credit for starting would, if he had his way, be held only between competing interests in government, well out of the view or input of the public.

Glenn Greenwald is of the same viewpoint, seeing right through the sham:

The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.

And how cosmetic these proposed “reforms” really are. Caught in the act of carrying out unconstitutional searches and intrusions into the private communications of US citizens, the president’s response is not to admit any fault, but to utter meaningless platitudes about the importance of “America’s values” while changing nothing of any substance at all:

And now we have the spectacle of President Obama reciting paeans to the values of individual privacy and the pressing need for NSA safeguards. “Individual freedom is the wellspring of human progress,” he gushed with an impressively straight face. “One thing I’m certain of, this debate will make us stronger,” he pronounced, while still seeking to imprison for decades the whistleblower who enabled that debate. The bottom line, he said, is this: “I believe we need a new approach.”

I have just finished reading the excellent essay by George Orwell, “Politics and the English Language”. As well as helping me to realise just how pretentious and cumbersome my own writing can sometimes be on this blog (for which I can only apologise and pledge to try harder), it furnished me with this gem, this eternal truth:

If you simplify your English, you are freed from the worst follies of orthodoxy. You cannot speak any of the necessary dialects, and when you make a stupid remark its stupidity will be obvious, even to yourself. Political language – and with variations this is true of all political parties, from Conservatives to Anarchists – is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.

And this one:

In our time, political speech and writing are largely the defence of the indefensible … Thus political language has to consist largely of euphamism, question-begging and sheer cloudy vagueness. Defenceless villages are bombarded from the air, the inhabitants driven out into the countryside, the cattle machine-gunned, the huts set on fire with incendiary bullets: this is called pacification. Millions of peasants are robbed of their farms and sent trudging along the roads with no more than they can carry: this is called transfer of population or rectification of frontiers … Such phraseology is needed if one wants to name things without calling up mental pictures of them.

President Obama, justifying the intrustive actions of the NSA and seeking to cast his proposed cosmetic reforms in a favourable light, and himself as a champion of individual liberty, said this:

“In an extraordinarily difficult job — one in which actions are second-guessed, success is unreported, and failure can be catastrophic — the men and women of the intelligence community, including the NSA, consistently follow protocols designed to protect the privacy of ordinary people,” he declared. “What sustains those who work at NSA and our other intelligence agencies through all these pressures is the knowledge that their professionalism and dedication play a central role in the defense of our nation.”

And this:

And yet, in our rush to respond to very real and novel threats, the risks of government overreach – the possibility that we lose some of our core liberties in pursuit of security – became more pronounced. We saw, in the immediate aftermath of 9/11, our government engaged in enhanced interrogation techniques that contradicted our values. As a Senator, I was critical of several practices, such as warrantless wiretaps. And all too often new authorities were instituted without adequate public debate.

Through a combination of action by the courts, increased congressional oversight, and adjustments by the previous Administration, some of the worst excesses that emerged after 9/11 were curbed by the time I took office. But a variety of factors have continued to complicate America’s efforts to both defend our nation and uphold our civil liberties.

The “worst excesses” to which Obama refers? Torture. Extraordinary rendition. Illegal search and invasion of privacy. But “techniques that contradicted our values” sounds so much better, so much more clinical and so much less descriptive of what happened.

This isn’t good, is it?

On Booty Calls and Morning Croissants, Ctd. 2

Former French president Nicolas Sarkozy is now weighing in on the ongoing scandal of the presidential booty calls and morning croissants, claiming that President Hollande has made himself and the French presidency “ridiculous”.

The Telegraph reports the following quote attributed to Sarkozy by French investigative journal Le Canard:

“While everyone has the right to a private life, when one is a public figure and president, one must be careful to avoid being ridiculous,” he is quoted as scoffing.

“Well, that photo of Hollande coming out of his mistress’ place with a motorbike helmet makes Hollande look totally ridiculous. He is the ridiculous president.”

The Daily Mail gives an even less flattering report of Sarkozy’s views:

Former French president Nicolas Sarkozy views his successor Francois Hollande as a ‘ridiculous little fat man who dyes his hair’, it emerged today.

The vicious attack is reported by l’Express, the highly respected Paris news magazine whose editor is a close friend of Mr Sarkozy’s third wife, Carla Bruni.

As I see it, the bottom line is this – in three weeks, the French president has to fly to Washington, D.C. to represent his country abroad and maintain bilateral ties with a close ally. And all anyone will care about is whether Hollande might be found late at night zipping around capitol hill on the back of a scooter, looking for ladies. Even if there are non-scandal-related questions at the joint press conference, the only soundbites that will be reported will relate to the scandal back home in France. Hollande is supposed to make his country look good abroad, strengthen bilateral ties and promote France’s interests. Barring a miracle and a swift resolution to this tawdry affair, he won’t be doing that for some time to come.

The scandal is also now causing disquiet and unrest at home, as Buzzfeed reports that a man was arrested for dumping several tonnes of horse manure in front of the Palais Bourbon in protest at Hollande and the French political class in general:

Image from buzzfeed.com
Image from buzzfeed.com

And so this isn’t just an issue of invasion of privacy, or an educational tale highlighting the different attitudes toward privacy between the French and Anglo-American cultures. This is about basic competence, and the ability of a senior politician and statesman to effectively do their job. Actions taken in ones private life can impact this ability to effectively perform the job, and while the utmost respect and tact should rightly be shown to the president as he works through any problems in his personal life (as many have already argued), the most searching and uncompromising oversight should be applied to his performance in the job.

Francois Hollande has, through his own actions, rendered himself incompetent and, to some degree, incapacitated – politically, at least. This incapacity may be temporary or it may be irreversible, but either way it is self-inflicted and profound. It is down to the French people to determine how long they are willing to tolerate a leader for their failings, not in terms of their personal life but in terms of their ability to do the job.

The Green Party Goes All In

A city to watch in 2014.

 

Interesting news from the city of Brighton, where the UK’s only Green Party-controlled local council is planning to put the question of a significant council tax increase directly to the people who would have to pay it. At an estimated cost of £100,000, the council plans to hold a referendum to ask citizens to approve a 4.5% council tax increase which is expected to raise £2.5 million per year more than the assumed 2% increase.

Consulting the people directly is entirely the right thing to do, and is actually very much in line with Conservative party policy under the influence of Eric Pickles, the Communities Secretary. There is currently a threshold in place requiring local councils to hold a referendum to gain approval from constituents for any council tax increase of above 2%, but this has led to a rash of councils repeatedly skimming just beneath the 2% level year after year, continually cranking up the tax without having to gain the consent of the people. In fact, this has prompted some within the Conservative party to agitate for reducing the referendum threshold to increases in excess of 1.5%, a figure well below the current inflation rate.

Credit must be given to the Green Party for actually having the guts to stand behind their favoured spending plans and asking the local citizenry to sign off on them. I may vehemently degree with some of their specific goals or policies, but I will always respect a party that is willing to go directly to the electorate on an important issue over one that claims to speak for the people without having consulted them.

Of course, the referendum plan was announced with a predictable degree of sanctimony and victimhood from the Greens, as The Guardian reports:

Justifying the move, [Green Party council leader] Kitcat said: “The coalition’s cuts mean we cannot deliver the services we were elected to provide and which our consciences say we should provide. We have no choice but to seek the views of local people on funding these services through a tax increase.

“Westminster’s ideologically driven cuts to local councils are huge and relentless while demand for our services continues to grow. Vulnerable people who depend on our services are being threatened from Westminster like never before.

The Green Party leader, Natalie Bennett, ladles it on even thicker:

Bennett said: “As Greens we believe that decisions should be made closest to the people who are affected. Instead of letting Whitehall impose cuts on vulnerable people in Brighton and Hove, this announcement takes the decision to the people.

I do find it slightly ironic that the Green Party should take this opportunity to boast about their supposedly-favoured tactics of localism and direct democracy when it is quite plainly apparent that they only turned to the referendum idea out of desperation once all other avenues to fund their big-spending plans had failed to deliver.

Nonetheless, this is a broadly positive development, and it will be very interesting to see how the people of Brighton vote if the referendum does take place. A referendum would require the support or abstention of the Conservative or Labour parties, as the Greens have only minority control of the council chamber, and I would hope that both parties would gladly consent to letting the people have their say – though this is by no means certain.

Not for much longer, perhaps.
Not for much longer, perhaps.

 

The denizens of Brighton are an interesting bunch in terms of their political leanings, having returned Caroline Lucas to Westminster as the only Green MP in Parliament, and so they can hardly be described as a bellwether city or constituency for gauging the national mood. But one thing is readily apparent: if the referendum takes place and it turns out that even left-wing Brighton isn’t willing to put up the money to fund high levels of public spending, then there will be precious little appetite to do so anywhere else.

Which would rather undermine all of the anti-austerity arguments so loudly proclaimed by the left since 2010, wouldn’t it?

Treading Water On NSA Surveillance

It appears from early reports that President Obama intends to punt on the only recommendations made by his surveillance review group that contained any real meat or hope of unpicking the harms done to the fourth amendment.

The New York Times reports:

Mr. Obama plans to increase limits on access to bulk telephone data, call for privacy safeguards for foreigners and propose the creation of a public advocate to represent privacy concerns at a secret intelligence court. But he will not endorse leaving bulk data in the custody of telecommunications firms, nor will he require court permission for all so-called national security letters seeking business records.

In short, the president is determined to continue bulk collection of communications data undeterred, but is willing to play around with the details of who stores the data (the government, the telecoms companies or some kind of shadowy third party consortium), and in a grand gesture to civil libertarians he is willing to promise to actively monitor the communications of acquaintances of acquaintances of a potential suspect, rather than the current acquaintances of acquaintances of acquaintances. This gesture slightly reduces the chance of Kevin Bacon’s communications being flagged as in some way being linked by the NSA to every terrorist in the world, but is otherwise entirely meaningless.

Amen.
Amen.

Foot-dragging, empty gestures and a continued lack of transparency or accountability from anyone involved. So far, so predictable, perhaps.

But what I find slightly more concerning is the way in which the judiciary (at the behest of Chief Justice John Roberts) is seeking to weigh in on what ultimately is a matter of policy, as the New York Times notes:

The developments came as the nation’s judiciary waded into the highly charged debate. In a letter made public on Tuesday, a judge designated by Chief Justice John G. Roberts Jr. to express the views of the judicial branch warned that some changes under consideration would have a negative “operational impact” on a secret foreign intelligence court.

Judge John D. Bates, a former chief judge of the Foreign Intelligence Surveillance Court, urged Mr. Obama and Congress not to alter the way the court is appointed or to create an independent public advocate to argue against the Justice Department in secret proceedings. Any such advocate, he wrote, should instead be appointed only when the court decided one was needed.

Of course, there need not necessarily be anything sinister about this intervention – apparently made on the grounds that it would eat up too much of the court’s time and create excessive workload if they were required to approve all FBI requests for stored bulk records – but it does seem rather odd to me, at face value, that the judiciary is more eager to weigh in on policy proposals when there is a threat to the smooth running of their working day than they are when there is a plausible argument to be made that the government is acting beyond its constitutional authority. The Times also picks up on this:

It is highly unusual for judges to weigh in on public policy debates involving the other two branches of government, but Judge Bates, the director of the Administrative Office of the United States Court, said that Chief Justice Roberts had designated him to “act as a liaison” and that he had consulted other judges.

But again, this is early reporting with the full details of Obama’s upcoming speech and the work behind it not yet made public.

One begins to wonder why President Obama sets up these review boards or commissions, other than as a cosmetic exercise to give the appearance of open-mindedness and willingness to change course. The Bowles-Simpson debt commission forged a tough but real consensus on reforms to American taxation and spending, and was high-handedly dismissed by the administration, and now it appears that the same is about to happen when another of President Obama’s talking shops is due to report back.

Just enough to annoy the Patriot Act manics and those in the national security complex, and far too little to placate civil libertarians rightly concerned about government overreach that we would never have even been made aware of were it not for the actions of Edward Snowden.

The Obama administration’s lack of anything approaching humility or transparency, even after having been caught in the act, is depressing indeed.

Best Thing Of The Day

The brilliant, highly addictive online comic theoatmeal.com has has a great take on the difference between Asian food in large cities and small towns:

Image from theoatmeal.com
Image from theoatmeal.com
Image from theoatmeal.com
Image from theoatmeal.com

Yeeeeah. I have lived in world cities, and Lord knows I know all about small towns as well, and with but a few honourable exceptions, this is a pretty fair representation of each.

Man, I love London. If for no other reason than the fact that I am within very short traveling distance of this excellent restaurant.

Best Thing Of The Day.