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Peter van Buren

Hey Intercept, Something is Very Wrong with Reality Winner and the NSA Leak

Wednesday June 7, 2017

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An NSA document purporting to show Russian military hacker attempts to access a Florida company which makes voter registration software is sent anonymously toThe Intercept. A low-level NSA contractor, Reality Winner, above, is arrested almost immediately. What’s wrong with this picture? A lot.

Who Benefits?

Start with the question of who benefits — cui bono— same as detectives do when assessing a crime. 

— Trump looks bad as another trickle of information comes out connecting something Russian to something 2016 election. Intelligence community (IC) looks like they are onto something, a day or so before ousted FBI Director James Comey testifies before Congress on related matters.

— The Intercept looks like it contributed to burning a source. Which potential leaker is going to them in the future? If potential leakers are made to think twice, another win for the IC.

— The FBI made an arrest right away, nearly simultaneous to the publication, with the formal charges coming barely an hour after The Intercept published. The bust is sure thing according to the very publicly released information. No Ed Snowden hiding out in Russia this time. IC looks good here.
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Five Bad Arguments the Left is Using to Restrict Speech from the Right

Thursday June 1, 2017

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Without free speech people stop thinking, losing out on all but a narrowing band of ideas. Open discussion, debate, and argument are the core of democracy. Bad ideas are defeated by good ideas. Fascism seeks to close off all ideas except its own.

Yet all of these most basic concepts of free speech in our nation are under threat, and too many of them are under threat from the left. I never thought I would write that last phrase, just as I never thought I’d need to explain five bad arguments the Left is using to restrict speech from the Right.

Despicable People

Despicable people and their ideas have always existed, though it is essentially a quick summary of the whole point of free speech to remind that at different times in our history speaking out against slavery, against war, against one president or another, have all been seen as despicable. Restrictions on free speech have been used to ban great literature, books about women’s reproductive health, and photos once deemed “pornopgraphic” now displayed as art. Someone will always find an idea or word offensive. Allowing that person to judge for all of us has never proven to be on the right side of history.


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ProPublica Attacks First Amendment, Cloudflare Edition

Monday May 8, 2017

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You’re almost certainly interacting with Cloudflare right now. Feel OK?

Cloudflare is a web services company that, among other things, protects sites against various malicious attacks and hacks. They don’t “host” data in most cases, but work as a kind of middleman between you and the server out there somewhere on the web that has the actual data. Cloudflare processes more web traffic than Twitter, Amazon, Apple, Instagram, and Wikipedia combined, because it handles data for most of those places at the same time. On average, you have interacted with a Cloudflare service 500 times today. This blog uses Cloudflare, as does the FBI, OKCupid and The Daily Stormer.

You may not be as familiar with The Daily Stormer, but it is a nasty white supremacist site. They feature all sorts of hate, with a particular focus on anti-Semitism. Real garbage. But garbage fully protected under America’s long tradition of free speech (and yes, I understand the legal side of the First Amendment applies to government and not private businesses, but the broader concept of free speech underlies every democracy and has been the cornerstone of our inalienable rights in America. America at its best has always sought ways to broaden speech and access to ideas, not game ways to block them.)

Yet in another example of assault on free speech from the left, investigative journalists ProPublica are now “outing” Cloudflare for providing business services to The Daily Stormer.
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How Berkeley and NYU’s Anti-Free Speech Actions are as Unconstitutional as Hell

Saturday May 6, 2017

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Ann Coulter will not speak at Berkeley this week because the threat of mob violence lead campus authorities to claim they could not protect her. The same threats led New York University (NYU) to cancel Milo Yiannopoulos’ appearance in February. These are shameful actions by two universities, and they are unconstitutional as hell.

Previous violence at Berkeley directed against Yiannopoulos, as well as the current threats, originated with a coalition of so-called antifa’s, anti-fascists, persons who believe in Trump’s America violence to silence speech they do not agree with is justified. They probably are unaware their tactics were once used to silence civil rights marchers, anti-war protesters, abortion rights advocates and the women’s movement. Because the law that now shames Berkeley and NYU comes from earlier efforts to protect those groups’ right to speak.

The idea that a university cannot assure a speaker’s safety, or that the speaker’s presence may provoke violent protests, or that the institution just doesn’t have to go to the trouble of protecting a controversial speaker, has become the go-to justification for persons on the left restricting speech from the right. Coulter and Yiannopoulos were singled out specifically for the content of their speech, which is indeed offensive to students and faculty who see danger in unpopular ideas. The universities’ actions are not content-neutral, the base requirement to restrict speech.

But what those offended people think is irrelevant, because the Constitution is clear even when their minds are muddied. While institutions do have an obligation to public safety, that obligation must be balanced against the public’s greater right to engage with free speech. The answer is not to ban speech outright simply to maintain order. But don’t believe me; it’s the law.
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Do American Airports Suck? Yes, Yes They Do

Friday April 28, 2017

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Traveling by air in America is one of the best ways to see the country, although it is not always the nicest view. I recently took a fresh look, with the goal of advising my foreign friends what to expect when they drop by the United States.

Our Air Palaces

You’ll enjoy our older airports’ retro-touches, which evoke the Golden Age of air travel of the 1950s and 1960s. The typical lack of free WiFi, just like when your parents first visited America, the two electrical outlets serving an entire wing of the airport, the toilets which have not been cleaned since when your parents first visited America, and the “Welcome Home Troops” signs reminiscent of those displayed for soldiers coming home from that war where America invaded your country, all quaintly harken back to simpler times.

Your chances of finding public transportation to and from the airport are slim. Maybe if you look around there’ll be an old city bus for the workers (live like a local!) And stop standing out as a “tourist,” looking for trains that connect to the city center as you’ll find nearly everywhere else in the developed world. As you pay a month’s salary out to the cab driver who is cheating you just like in Cairo, or the Uber guy 23 hours into a shift trying to feed his family, think of it all as a great only-in-the-developing world story to tell if you survive to get back home.
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Tell Us Why We’re At War, President Trump

Monday April 24, 2017

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People speak of Afghanistan as “our generation’s” Vietnam, a quagmire, a war that goes on simply because it has been going on.

The Afghan war is dragging into being our generation’s, and soon the next generation’s Vietnam as well, over a decade and a half old. There are troops deploying now that were two years old when the conflict started. There are fathers and sons deploying together. Bin Laden’s been dead for years.

With a slight break, the current war in Iraq has been ongoing for some 14 years. If you want to think of it in a longer view, Trump is now the fifth consecutive president to make war on that country. Saddam’s been dead for years.

And though of more recent vintage, the war in Syria appears both open-ended in duration and ramping up in US involvement. If Assad died tomorrow, the war would likely only intensify, as the multiple parties in the fight vie to take over after him.

The reason we’re fighting all of these places and more can’t still be “terrorism,” can it? That has sort of been the reason for the past 16 years so you’d think we would have settled that. Regime change? A lot of that has also happened, without much end game, and nobody seems to know if that does or ever did apply in Syria to begin with. America can’t be under threat after all these years, right? I mean, world’s most powerful military and all that.
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Does it Matter Who Pulls the Trigger in the Drone Wars?

Monday April 3, 2017

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We’re allowing a mindset of “anything Trump does is wrong” coupled with lightening-speed historical revisionism for the Obama era to sustain the same mistakes in the war on terror that have fueled Islamic terrorism for the past 15 years. However, there may be a window of opportunity to turn the anti-Trump rhetoric into a review of the failed policies of the last decade and a half.

A recent example of “anything Trump does is wrong” has to do with his changing the rules for drone kill decision making. In May 2013 President Obama self-imposed a dual-standard (known as the “playbook”) for remote killing. The White House, including Obama himself reviewing a kill list at regular meetings, would decide which individuals outside of the “traditional war zones” of Iraq and Afghanistan would be targeted.

Meanwhile, in America’s post-9/11 traditional war zones, military commanders then made, and now make, the kill decisions without civilian review, with the threshold for “acceptable civilian casualties” supposedly less strict. Of course the idea that any of this functions under “rules” is based on the bedrock fallacy that anything militarily done by the last three presidents has been legal under the never-updated 2001 authorization for war in Afghanistan. For perspective, remember Islamic State never existed, and Iraq, Libya, Syria, and Yemen had stable governments at the time Congress passed that authorization.
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Is Tillerson Skipping NATO for Russia a Crisis? (No.)

Thursday March 23, 2017

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Is Tillerson committing treason skipping a NATO meeting for Russia? A diplomatic crisis? The end of the alliance? A favor to Putin? No. It’s just a scheduling decision.

Senior government leaders are often called on to be in more than one place at a time. They make choices. Not everyone agrees with those choices. Sometimes deputies go instead. This happens to every country; the more global a nation’s interests, the more it happens. None of this is new.

Yet a decision to have Secretary of State Rex Tillerson attend a meeting between President Trump (Tillerson’s boss) and Chinese President Xi rather than a NATO ministers gathering (i.e., Tillerson’s peers) in early April has been blown up into yet another end-of-the-world scenario. The fact that Tillerson will attend an event in Russiaweeks later was somehow thrown into the mix and the resulting cake was pronounced proof that the U.S.-NATO relationship is in tatters.

It is fully reasonable to debate which event, meeting with Xi or NATO, is the best use of Tillerson. It’s just not a hard debate to resolve.

“Skipping the NATO meeting and visiting Moscow could risk feeding a perception that Trump may be putting U.S. dealings with big powers first, while leaving waiting those smaller nations that depend on Washington for security,” two former U.S. officials said.
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State Department: Is America’s Oldest Cabinet Agency Trumped?

Wednesday March 15, 2017

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What if it’s not incompetence? What if it is by design? What if President Donald Trump has decided American doesn’t really need a Department of State and if he can’t get away with closing it down, he can disable and defund it?

The only problem is Trump will quickly find out he’ll have to reluctantly keep a few lights on at Foggy Bottom.

Things do not look good for State. There were no press briefings between Trump taking office on January 20 and some irregular gatherings beginning in early March. Secretary of State Rex Tillerson wasn’t seen at several White House meetings where foreign leaders were present, and has taken only two very short trips abroad. Of the 13 sets of official remarks he has given, 10 have been perfunctory messages to countries on their national days, with one speech to his own employees. Sources inside State say he is nowhere to be seen around the building, either in person or bureaucratically via tasking orders and demands for briefings.

Meanwhile, President Trump has proposed a devastating 37 percent cut to State’s tiny budget, already only about one percent of Federal spending.

And as if that isn’t bad enough, the Trump administration has left a large number of the 64 special representative and other “speciality” positions empty. Tillerson already laid off a number of his own staff. Add in a Federal-wide hiring ban, and the only good news at Foggy Bottom is that it’s no longer hard to find a seat in the cafeteria.
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Dissent and the State Department: What Comes Next?

Friday March 3, 2017

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Some 1000 employees at the Department of State are said to have signed a formal memo sent through the “Dissent Channel” in late January, opposing President Donald Trump’s Executive Order initially blocking all Syrian refugee admissions indefinitely, delaying other refugees 120 days, prohibiting for 90 days all other travelers (diplomats excluded) from seven Muslim-majority nations, and other immigration-related issues.

What is the Dissent Channel those State employees used? What effect if any will the memo have on policy? What does the memo say to the new Secretary of State Rex Tillerson about the organization he now heads, and what will he do about it?

What the State Department calls the Dissent Channel is unique inside the American government. Created in 1971 during the Vietnam War, the system allows Foreign Service officers to express their disagreement with U.S. policy directly to senior leaders. The secretary of state is obliged to read and through his staff respond to all Dissent Channel messages, normally within 30-60 days. Persons using the Channel are fully protected against retaliation. Dissent messages are intended to foster internal dialogue within the State Department, and are never intended for the public.

The issues surrounding the most recent dissent memo begin where that previous sentence ends.

What was once understood to be a way to foster internal dialogue is in this case playing out more like an online petition. Multiple versions of the memo circulated within the State Department globally, with persons adding their signatures and making edits as they opened their email. Someone (no one seems to know exactly who) later allegedly melded the multiple versions into the one that was submitted, meaning some signers did not see the final text until it was leaked.
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