{"id":9230,"date":"2015-03-17T13:49:36","date_gmt":"2015-03-17T17:49:36","guid":{"rendered":"http:\/\/www.gadflyonline.com\/home\/?p=9230"},"modified":"2015-04-01T14:02:39","modified_gmt":"2015-04-01T18:02:39","slug":"the-wolf-is-guarding-the-hen-house-the-governments-war-on-cyberterrorism","status":"publish","type":"post","link":"http:\/\/gadflyonline.com\/home\/index.php\/the-wolf-is-guarding-the-hen-house-the-governments-war-on-cyberterrorism\/","title":{"rendered":"The Wolf Is Guarding the Hen House: The Government\u2019s War on Cyberterrorism"},"content":{"rendered":"

\"TheGovernmentsWaronCyberterrorism_700x210\"<\/a><\/p>\n

\u201cThe game is rigged, the network is bugged, the government talks double-speak, the courts are complicit and there\u2019s nothing you can do about it<\/a><\/span>.\u201d\u2014David Kravets, reporting for\u00a0Wired<\/em><\/p><\/blockquote>\n

Nothing you write, say, text, tweet or share via phone or computer is private anymore. As constitutional law professor Garrett Epps points out, \u201cBig Brother is watching<\/a><\/span>\u2026. Big Brother may be watching you right now, and you may never know. Since 9\/11, our national life has changed forever. Surveillance is the new normal.\u201d<\/p>\n

This is the reality of the internet-dependent, plugged-in life of most Americans today.<\/p>\n

A process which started shortly after 9\/11 with programs such as Total Information Awareness (the predecessor to the government\u2019s present surveillance programs) has grown into a full-fledged campaign of warrantless surveillance, electronic tracking and data mining, thanks to federal agents who have been given carte blanche<\/em>\u00a0access to the vast majority of electronic communications in America. Their methods completely undermine constitution safeguards, and yet no federal agency, president, court or legislature has stepped up to halt this assault on our rights.<\/p>\n

For the most part, surveillance, data mining, etc., is a technological, jargon-laden swamp through which the average American would prefer not to wander. Consequently, most Americans remain relatively oblivious to the government\u2019s ever-expanding surveillance powers, appear unconcerned about the fact that the government is spying on them, and seem untroubled that there is no way of opting out of this system. This state of delirium lasts only until those same individuals find themselves arrested or detained for something they did, said or bought that runs afoul of the government\u2019s lowering threshold for what constitutes criminal activity.<\/p>\n

All the while, Congress, the courts, and the president (starting with George W. Bush and expanding exponentially under Barack Obama) continue to erect an electronic concentration camp the likes of which have never been seen before.<\/p>\n

A good case in point is the Cybersecurity Information Sharing Act<\/a><\/span> (CISA), formerly known as CISPA (Cyber Intelligence Sharing and Protection Act). Sold to the public as necessary for protecting us against cyber attacks or internet threats such as hacking<\/a><\/span>, this Orwellian exercise in tyranny-masquerading-as-security actually makes it easier for the government to spy on Americans, while officially turning Big Business into a government snitch.<\/p>\n

Be warned: this cybersecurity bill is little more than a wolf in sheep\u2019s clothing or, as longtime critic Senator Ron Wyden labeled it, \u201ca surveillance bill by another name<\/a><\/span>.\u201d<\/p>\n

Lacking any significant privacy protections, CISA, which sacrifices privacy without improving security, will do for surveillance what the Patriot Act did for the government\u2019s police powers: it will expand, authorize and normalize the government\u2019s intrusions into the most intimate aspects of our lives to such an extent that there will be no turning back. In other words, it will ensure that the Fourth Amendment, which protects us against unfounded, warrantless government surveillance, does not apply to the Internet or digital\/electronic communications of any kind.<\/p>\n

In a nutshell, CISA would make it legal for the government to spy on the citizenry without their knowledge and without a warrant under the guise of fighting cyberterrorism. It would also protect private companies from being sued for sharing your information with the government<\/a><\/span>, namely the National Security Agency (NSA) and the Department of Homeland Security (DHS), in order to prevent \u201cterrorism\u201d or an \u201cimminent threat of death or serious bodily harm.\u201d<\/p>\n

Law enforcement agencies would also be given broad authority to sift through one\u2019s data<\/a><\/span> for any possible crimes. What this means is that you don\u2019t even have to be suspected of a crime to be under surveillance<\/a><\/span>. The bar is set so low as to allow government officials to embark on a fishing expedition into your personal affairs\u2014emails, phone calls, text messages, purchases, banking transactions, etc.\u2014based only on their need to find and fight \u201ccrime.\u201d<\/p>\n

Take this anything-goes attitude towards government surveillance, combine it with Big Business\u2019 complicity over the government\u2019s blatantly illegal acts, the ongoing trend towards overcriminalization, in which minor acts are treated as major crimes, and the rise of private prisons, which have created a profit motive for jailing Americans, and you have all the makings of a fascist police state.<\/p>\n

So who can we count on to protect us from the threat of government surveillance?<\/p>\n

It won\u2019t be the courts. Not in an age of secret courts, secret court rulings<\/a><\/span>, and an overall deference by the courts<\/a><\/span> to anything the government claims is necessary to its fight against terrorism. Most recently, the U.S. Supreme Court refused to hear a case challenging the government\u2019s massive electronic wiretapping program. As Court reporter Lyle Denniston notes<\/a><\/span>:<\/p>\n

Daoud v. United States<\/em> was the first case, in the nearly four-decade history of electronic spying by the U.S. government to gather foreign intelligence, in which a federal judge had ordered the government to turn over secret papers about how it had obtained evidence through wiretaps of telephones and Internet links.\u00a0 That order, however, was overturned by the U.S. Court of Appeals for the Seventh Circuit, whose ruling was the one the Justices on Monday declined to review\u2026. One of the unusual features of the government\u2019s global electronic spying program is that the individuals whose conversations or e-mails have been monitored almost never hear about it, because the program is so shrouded in secrecy \u2014 except when the news media manages to find out some details.\u00a0 But, if the government plans to use evidence it gathered under that program against a defendant in a criminal trial, it must notify the defendant that he or she has been monitored.<\/p><\/blockquote>\n

It won\u2019t be Congress, either (CISA is their handiwork, remember<\/a><\/span>), which has failed to do anything to protect the citizenry from an overbearing police state, all the while enabling the government to continue its power grabs. It was Congress that started us down this whole Big Brother road<\/a><\/span> with its passage and subsequent renewals of the USA Patriot Act, which drove a stake through the heart of the Bill of Rights<\/a><\/span>. The Patriot Act rendered First Amendment activists potential terrorists; justified broader domestic surveillance; authorized black bag \u201csneak-and-peak\u201d searches<\/a><\/span> of homes and offices by government agents; granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; allowed the government to secretly demand to see records of books or magazines you\u2019ve checked out in any public library and Internet sites you\u2019ve visited.<\/p>\n

The Patriot Act also gave the government the green light to monitor religious and political institutions<\/a><\/span> with no suspicion of criminal wrongdoing; prosecute librarians<\/a><\/span> or keepers of any other records if they told anyone that the government had subpoenaed information related to a terror investigation; monitor conversations<\/a><\/span> between attorneys and clients; search and seize Americans\u2019 papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.<\/p>\n

And it certainly won\u2019t be the president<\/a><\/span>. Indeed, President Obama recently issued an executive orde<\/span>r<\/a> calling on private companies (phone companies, banks, Internet providers, you name it) to share their customer data (your<\/em> personal data) with each other and, most importantly, the government. Here\u2019s the problem, however: while Obama calls for vague protections for privacy and civil liberties<\/a><\/span> without providing any specific recommendations, he appoints the DHS to oversee the information sharing<\/a><\/span> and develop guidelines with the attorney general for how the government will collect and share the data.<\/p>\n

Talk about putting the wolf in charge of the hen house.<\/p>\n

Mind you, this is the same agency, rightly dubbed a \u201cwasteful, growing, fear-mongering beast<\/a><\/span>,\u201d that is responsible for militarizing the police, weaponizing SWAT teams, spying on activists, stockpiling ammunition, distributing license plate readers to state police, carrying out military drills in American cities, establishing widespread surveillance networks through the use of fusion centers, funding city-wide surveillance systems, accelerating the domestic use of drones, and generally establishing itself as the nation\u2019s standing army, i.e., a national police force<\/a><\/span>.<\/p>\n

This brings me back to the knotty problem of how to protect Americans from cyber attacks without further eroding our privacy rights.<\/p>\n

Dependent as we are on computer technology for almost all aspects of our lives, it\u2019s feasible that a cyberattack on American computer networks really\u00a0could<\/em>\u00a0cripple both the nation\u2019s infrastructure and its economy. So do we allow the government liberal powers to control and spy on all electronic communications flowing through the United States? Can we trust the government not to abuse its privileges and respect our privacy rights? Does it even matter, given that we have no real say in the matter?<\/p>\n

As I point out in my book A Government of Wolves: The Emerging American Police State<\/em><\/a><\/span>, <\/em>essentially, there are three camps of thought on the question of how much power the government should have, and which camp you fall into says a lot about your view of government\u2014or, at least, your view of whichever administration happens to be in power at the time, for the time being, the one calling the shots being the Obama administration.<\/p>\n

In the first camp are those who trust the government to do the right thing\u2014or, at least, they trust the Obama administration to look out for their best interests. To this group, CISA is simply a desperately needed blueprint for safeguarding us against a possible cyberattack, with a partnership between the government and Big Business serving as the most logical means of thwarting such an attack. Any suggestion that the government and its corporate cohorts might abuse this power is dismissed as conspiratorial hysterics. The problem, as technology reporter Adam Clark Estes points out, is that CISA is a \u201cprivacy nightmare<\/a><\/span>\u201d that \u201cstomps all over civil liberties\u201d without making \u201cthe country any safer against cyberattacks.\u201d<\/p>\n

In the second camp are those who not only don\u2019t trust the government but think the government is out to get them. Sadly, they\u2019ve got good reason to distrust the government, especially when it comes to abusing its powers and violating our rights. For example, consider that government surveillance of innocent Americans has exploded over the past decade. In fact, Wall Street Journal<\/em> reporter Julia Angwin has concluded that, as a result of its spying and data collection, the U.S. government has more data on American citizens than the Stasi secret police had on East Germans<\/a><\/span>. To those in this second group, CISA is nothing less than the writing on the wall that surveillance is here to stay, meaning that the government will continue to monitor, regulate and control all means of communications.<\/p>\n

Then there\u2019s the third camp, which neither sees government as an angel or a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound \u201cdown from mischief with the chains of the Constitution.\u201d A distrust of all who hold governmental power was rife among those who drafted the Constitution and the Bill of Rights. James Madison, the nation\u2019s fourth president and the author of the Bill of Rights, was particularly vocal in warning against government. He once observed, \u201cAll men having power ought to be distrusted to a certain degree.\u201d<\/p>\n

To those in the third camp, the only way to ensure balance in government is by holding government officials accountable to abiding by the rule of law. Unfortunately, with all branches of the government, including the courts, stridently working to maintain its acquired powers, and the private sector marching in lockstep, there seems to be little to protect the American people from the fast-growing electronic surveillance state.<\/p>\n

In the meantime, surveillance has become the new normal, and the effects of this endless surveillance are taking a toll, resulting in a more anxious and submissive citizenry<\/a><\/span>. As Fourth Amendment activist Alex Marthews points out<\/a><\/span>,<\/p>\n

Mass surveillance is becoming a punchline. Making it humorous makes mass surveillance seem easy and friendly and a normal part of life\u2026we make uneasy jokes about how we should watch what we say, about the government looking over our shoulders, about cameras and informers and eyes in the sky. Even though we may not in practice think that these agencies pay us any mind, mass surveillance still creates a chilling effect: We limit what we search for online and inhibit expression of controversial viewpoints. This more submissive mentality isn\u2019t a side effect. As far as anyone is able to measure, it\u2019s the main effect of mass surveillance. The effect of such programs is not primarily to thwart attacks by foreign terrorists on U.S. soil; it\u2019s to discourage challenges to the security services\u2019 authority over our lives here at home.<\/p><\/blockquote>\n

WC: 2119<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe game is rigged, the network is bugged, the government talks double-speak, the courts are complicit and there\u2019s nothing you can do about it.\u201d\u2014David Kravets, reporting for\u00a0Wired Nothing you write, say, text, tweet or share via phone or computer is private anymore. As constitutional law professor Garrett Epps points out, \u201cBig Brother is watching\u2026. Big […]<\/p>\n","protected":false},"author":5,"featured_media":9231,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[214,226,212,1],"tags":[],"_links":{"self":[{"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/9230"}],"collection":[{"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=9230"}],"version-history":[{"count":2,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/9230\/revisions"}],"predecessor-version":[{"id":9241,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/9230\/revisions\/9241"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/media\/9231"}],"wp:attachment":[{"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=9230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=9230"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/gadflyonline.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=9230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}