Like this One, 2014 will be Year of Edward Snowden (Computerworld, The Netherlands)
"All of the nearly 7 billion non-Americans have zero rights
or protections in the eyes of the NSA (and U.S. law), and are therefore by
definition suspect. ... In many other countries, feigned outrage is a major element.
... But the underlying sentiment is actually envy: we want this as well. In the
Netherlands, another side of the coin is becoming clear: jealousy. ... While
2013 was the year of Snowden, 2014 may also be. And not only for reporting
abuses, but for addressing them."
Background: Whistleblower
Edward Snowden opened a Pandora's Box of Internet spying. The disclosures and consequences
on the Netherlands, the U.S. and Europe have been substantial.
The
NSA was always the most secret of America's secret, but since the beginning of
June when the bomb burst, the world has been given a glimpse into the ultimate
Big Brother organization in its clandestine attempts to eavesdrop on the rest
of the world and wiretap as many communications as possible.
The
key word: metadata. It is used as a pretext, but through metadata, it is
possible to chart with surgical precision the activities, the comings and
goings, and the social connections of people. Many find it "shocking,"
others "logical," but everyone's eyes have now been opened to the
immense breadth and depth of digital surveillance.
Because
this is also about economic espionage and wiretapping politicians and diplomats
Cold War-style, combating terrorism is often a red herring. Although there is
active cooperation with friendly nations, they are also monitored, as with the
advanced antennae on the roofs of U.S. embassies.
PRISM , Tempora , XKeyScore ...
NSA
used PRISM
to intercept Internet and Webmail traffic on a large scale from dozens of U.S.
tech companies, such as Google, Microsoft, Apple, Yahoo and Dropbox.
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This
was done with or without direct access to servers, but in any event, on an
enormous scale. It could, however, be even broader, by knocking directly on the
door of the Internet service providers to ask for their telephony and Internet
data. Using COTRAVELER, this includes the location data for millions
of citizens at home and abroad, for the purposes of charting travel patterns
and social relationships.
And
then there is the widest trawl imaginable: tapping fiber optic cables, the
arteries of the Internet, in strategic places, where especially the NSA's British counterpart GCHQ
leads the way with the TEMPORA project. The infrastructure of the Internet is
tracked into its capillaries by TREASURE
MAP.
Backdoors within
encryption standards
Analysts
can dig into all that data with XKeyScore, the ultimate tool for the exploration of all
that raw data. Encryption often makes it difficult for the NSA, but a solution
has been found: BULLRUN.
This
is done using not only supercomputers to crack keys, but by undermining
encryption standards themselves with inherent weaknesses so that in effect a
backdoor is created - and then making sure that a weak standard is widely used
by, for example, the RSA [Dutch multinational insurance group], possibly by offering
a sweetener.
The
NSA revelations are welcome fodder for lawyers and politicians. Many projects
and practices are formally sealed under U.S. law. But despite the wide powers
of the Patriot, FISA, and Protect America Acts, and a
secret court that works as a rubber stamp machine, the ravenous caterpillar remains
unsatisfied. The NSA launched projects that it knew were illegal, with critical
details on eavesdropping and blunders concealed to ensure continued authorization.
That
is to say nothing of the rest of the world. All of the nearly 7 billion
non-Americans have zero rights or protections in the eyes of the NSA (and U.S.
law), and are therefore by definition suspect.
The
initial reactions abroad are therefore in the form of outrage. NSA practices
pose a serious threat to privacy and freedom of information, which are fundamental
European rights.
Safe Harbor Agreement
as leverage
One
of Europe's trump card in the debate is the Safe Harbor Agreement,
which under strict conditions, allows U.S. companies to process and store the personal
data of Europeans. Except for the fact that there is absolutely no oversight
and hundreds of companies have unjustly and illegally certified themselves with
the Safe Harbor trademark. The European Commission demands from Washington that
it tighten the reins when it comes to Safe Harbor. Meanwhile, many countries
are brooding over ways to keep data within their borders, fueling fear of a
Balkanization of the Internet.
[Editor's Note: U.S. Internet firms are obliged to respect the
"Safe Harbor" scheme, which allows them to self-certify that they
comply with European legislation on privacy. This enables them to transfer the
data of European Internet users to servers situated in the United States. At
the same time, they remain bound by the disclosure obligations imposed by the
United States, creating an inherent contradiction].
Even
in the U.S. homeland, disclosures have led to anger and fierce debate. Unlike
elsewhere, however, there is a large and influential group in the U.S. which
after every disclosure, routinely declares it's legality, necessity and that Snowden
is a traitor.
Lawsuits,
transparency and encryption
Despite
the storm of complaints, requests for transparency and lawsuits keep on coming.
In December, a Federal
Court ruled in a case filed against the collection of telephone company
metadata: This is an "almost Orwellian" practice that is "likely"
in conflict with the Constitution. The effect of this "powerful"
conviction is not yet clear.
Posted By Worldmeets.US
Many
tech companies take a public stand against mass surveillance. On the one hand, with
several attempts to be more transparent about government data requests and
wiretapping orders, and on the other, with improved security on their own
networks, since even private cables between the data centers of the Internet
giants like Google aren't safe from the NSA.
Washington
tends to curb the unbridled hunger of the NSA by imposing data retention limits
on ISPs. Nevertheless, concludes the European Union Advocate General, even this
somewhat limited data retention violates fundamental rights.
In
many other countries, feigned outrage is also a major element. The underlying
sentiment is actually envy: we want this as well. Moreover, to a greater or
lesser extent, there is already active cooperation between local secret services
and the NSA. How intensively is a secret, but it is certain that services like
the GISS [General Intelligence and Security Services] don't
turn up their noses at U.S. data of dubious origin.
State Being Sued
In
our country, the reaction has been similar to that in neighboring countries.
But unlike the public outrage in Berlin and Paris, The Hague initially passed
the ball to Brussels. However, it wasn't long before the GISS
and DISS [Defence
Intelligence and Security Service] came under attack for lying about their
cooperation with the NSA. An investigation has begun.
A
number of organizations and citizens will not wait for the slow-moving
procedures to begin and have
sued the state: for using NSA data illegally obtained and laundered for use
by Home Affairs Minister Ronald Plasterk and his
services, the civil lawsuit charges.
Big Data Gold
In
the Netherlands as well, another side of the coin is becoming clear: jealousy. GISS and DISS can do a lot, such
as indiscriminate interception of wireless communications. But such carte
blanche doesn't apply to communications that run through cables. That’s where, as
the NSA has shown us, the Big Data gold lies.
The
recommendation of the Dessens Committee therefore reads, despite (or because
of) the Snowden revelations: give the Dutch secret service legal powers to tap
cables. The regulator is giving its blessing in advance, and the GISS has already gotten started.
Raise and Address
Abuses
Meanwhile,
Edward Snowden is still stuck in Russia on a temporary visa after his flight
from the U.S., via Hong Kong. But the revelations keep on coming. The flow over
recent months involves only a fraction of the "top secret" documents
leaked by Snowden. While 2013 was the year of Snowden, 2014 may also be. And
not only for reporting abuses, but for addressing them.
