NSA

Was Edward Snowden Justified?

/ Matthew Clemente / Leave a comment

That was the proposition being debated on the Intelligence Squared podcast.

Moderated by ABC News’ John Donvan, the debate featured Daniel Ellsberg (former U.S. Military Analyst and Pentagon Papers Whistleblower) and Ben Wizner (Legal Adviser to Edward Snowden and ACLU Attorney) who argued for the motion; and Andrew C. McCarthy (former Assistant US Attorney and Contributing Editor, National Review) and Ambassador R. James Woolsey (former CIA Director and Chairman of Foundation for Defense of Democracies), who argued against the motion.

Here is description of the debate:

Has Edward Snowden done the U.S. a great service? There is no doubt that his release of highly classified stolen documents has sparked an important public debate, even forcing what could be a major presidential overhaul of the NSA’s surveillance programs. But have his actions-which include the downloading of an estimated 1.7 million files-tipped off our enemies and endangered national security? Is Snowden a whistleblower, or is he a criminal?

Clearly Hiding Something: President Obama’s chance to recommend changes to the NSA

/ David Kailer / Leave a comment

Clearly Hiding Something: President Obama’s chance to recommend changes to the NSA
By
David Kailer
http://security.blogs.cnn.com/2014/01/14/obama-ahs-room-to-maneuver-on-nsa-reforms/

Amidst the ongoing controversy surrounding the National Security Agency and the arguable constitutionality of its domestic and international surveillance programs, CNN has reported that President Obama is compiling a list of recommendations to be put to the agency in order to restore confidence in the National Security Agency in light of the leaks by Edward Snowden last year.

After an independent review board looked into the NSA’s practices, their formal recommendation was “that government do a better job of protecting civil liberties”. Whether the Obama administration follows that recommendation, and to what extent they will tighten protections depends on the specific official recommendations the President makes in the coming days and weeks.

Much of the article focused on reminding readers of Obama’s continual claim to improving administrative transparency, capturing the importance of these recommendations for the second-term President’s legacy, and discussing the tension between the need for competent intelligence work and the need to protect the fundamental values of citizen privacy enshrined in the Constitution.

One recommendation the article deemed likely was that the President might order private companies to maintain the data and metadata which the NSA currently collects, and to yield that information only pursuant to a [constitutional] request. Interestingly, the article makes no mention of the significant costs creating such an infrastructure might impose on private companies. There is also no discussion of how disclosure requirements might change where private companies are keeping the records pursuant to a government regulation.

Another potential recommendation discussed included creating an entity or appointing an individual to act in an adversarial role when the government requests such documents, the opposing entity essentially playing devil’s advocate in keeping the records out of government hands. If this is a government-appointed position, that may bring up issues of collaboration by both sides or lip service in performing adversarial functions.

While it is reassuring to see the Obama administration taking the nation’s concerns seriously, it is too early to consider this issue addressed. Personally, I would like to see a vigorous, bona fide adversarial process put in place. This would have the added benefit of protecting civil liberties while not imposing any additional burdens on the intelligence community if they are already complying with the Constitution. Additionally, the President might benefit from making the National Security Agency regularly accountable for their actions, as there have been reports of the NSA refusing to answer inquiries from Congressmen about the scope of the NSA’s intelligence activities.

Do the recommendations listed above solve this issue? What other recommendations would you like to see put in place when the President submits his formal requests?

Ivory Tower: Is Obama Reboot Necessary? Possible?

/ Matthew Clemente / Leave a comment

Ivory Tower: Is Obama Reboot Necessary? Possible?

That was main question being discussed on yesterday WCNY’s The Ivory Tower.

Hosted by David Rubin (Dean of the Newhouse School of Public Communications at Syracuse University, this edition of The Ivory Tower featured a powerhouse panel including: Lisa Dolak (Syracuse University College of Law), Tim Byrnes (Colgate Univesity), Bob Greene (Cazenovia College), Tara Ross (Onondaga County Community College), and Kristi Andersen (Maxwell School of Syracuse University).

The panel also discussed the fiftieth anniversary of the assassination of John F. Kennedy. 

Here is a description of the program:

Should President Obama hit the re-set button and focus on 3 main issues? First, getting his judicial nominees approved, then leveling with the public about the extent of NSA spying and finally fixing the complicated healthcare overhaul. Then a look at the 50th anniversary of the assassination of JFK, and how history books are not treating the former President too kindly.

Smart Takes on the NSA Scandal

/ Matthew Clemente / Leave a comment

Smart Takes on the NSA Scandal

The first half of this last Sunday’s Fareed Zarakia GPS discussed the fall out from the NSA spying scandal. 

First, Fareed gave his “take” on the issue. 

Next, he interviewed Former German Defense Minister Karl-Theodor zu Guttenberg who made news by stating, “Well, everyone spies on each other.  That’s a fact.  And, at the moment, we hear interesting voices (inaudible) tries to deny that we don’t do it and they do it.  Everybody does it.”  This is essentially the point Dave Kailer made more than a week earlier on the SLACE Forum. 

Finally, Fareed spoke with Former NSA and CIA chief Michael Hayden. Hayden also made news by stating, “If the president says he didn’t know, he didn’t know. I just take that at face value.”

Here is a description of the show: 

On GPS this Sunday: The revelations over alleged tapping of German Chancellor Angela Merkel’s cell phone by the U.S. National Security Agency have strained relations between the two nations. But how serious are the current tensions? Fareed speaks with former German Defense Minister Karl-Theodor zu Guttenberg.

Next, the American side of the story. Who would have given the NSA permission to spy on leaders of ally countries? Former NSA and CIA chief Michael Hayden gives his take.

“[O]ccasionally, what you have is political guidance kind of being placed on top of your operational planning,” Hayden says. “I had political guidance while I was director of NSA.  I had targets. I had legitimate needs. But I was told, frankly, back off. That target is too sensitive. I don’t want you doing that at this time, for this purpose.”

 

The Virtue of Government Transparency

/ Matthew Clemente / Leave a comment

The Virtue of Government Transparency

In the wake of the NSA-Eric Snowden leak, the BBC’s Moral Maze programme debated the virtue of government transparency and its limits.  

Here is a description of the debate: 

The 16th century philosopher Francis Bacon is widely credited with coining the phrase “knowledge is power”. If he was alive today he would surely have appreciated the irony of the government this week launching its consultation on transparency and open data while the news is full of stories about spying and under cover surveillance. The goal of “transparency” has become something of mantra across a wide section of our society. It is held up as a moral virtue; an unambiguously Good Thing that should be pursued at all costs. Vascular surgeons are the latest to have the “spotlight” of transparency shone upon them. The NHS is publishing league tables of their results and doctors who refuse to co-operate will be named and shamed. Transparency has become not just a descriptive term, but an ideology – something that should be actively strived for and is a fundamental human right that underpins democracy. But by investing so much moral capital in transparency have we done the opposite of what those who champion it wanted? Instead of a more trusting society, do we now automatically assume that what goes on behind closed doors is not to be trusted and always capable of being corrupted? Is the CIA whistleblower Edward Snowden a hero who’s exposed the scale of state surveillance on its citizens, or a traitor who has undermined our capacity to fight terrorism? In an age when digital data about every aspect of our life is so easy to generate, how much of a right do “they” have to know about us and how much of a right do we have to know about “them?” Combative, provocative and engaging debate chaired by Michael Buerk with Claire Fox, Melanie Phillips, Anne McElvoy and Kenan Malik. Witnesses: David Leigh – The Guardian’s investigations editor until 2013, and professor of journalism at City University, London UK, Dame Pauline Neville-Jones – Former Chairman of the Joint Intelligence Committee, Professor Gwythian Prins – Visiting professor of War Studies Buckingham University and member of the Chief of the Defence Staff’s Strategic Advisory Panel, Shami Chakrabarti – Director of Liberty.