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NSA

You Can't Opt Out: 10 NSA Myths Debunked

The debate Edward Snowden envisioned when he revealed the extent of National Security Agency (NSA) spying on Americans has taken a bad turn. Instead of a careful examination of what the NSA does, the legality of its actions, what risks it takes for what gains, and how effective the agency has been in its stated mission of protecting Americans, we increasingly have government officials or retired versions of the same demanding -- quite literally -- Snowden’s head and engaging in the usual fear-mongering over 9/11. They have been aided by a chorus of pundits, columnists, and present as well as former officials offering bumper-sticker slogans like "If you have nothing to hide, you have nothing to fear," all the while claiming our freedom is in direct conflict with our security.

It’s time to face these arguments directly. So here are ten myths about NSA surveillance that need debunking. Let's sort them out.
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Judge Napolitano on NSA Using Radio Waves to Track and Attack Computers

Judge Andrew Napolitano discusses with host Shepard Smith on Fox News the New York Times report that the National Security Agency has surreptitiously installed devices in nearly 100,000 computers so the agency can use radio waves to spy on and alter data in the computers – even if the computers are not connected to the internet. Napolitano, an RPI Advisory Board member, examines the new revelations and Congress’s ongoing failure to end the mass spying.
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Congress Defers to President On NSA Reform

Congress’s decline from the Founders’ vision as “first among equals” in government to an echo chamber of the unitary executive, has been a slow but steady process. In the process we have seen a steady stream of unconstitutional wars and civil liberties abuses at home. Nowhere is this decline more evident than in the stark contrast between the Congressional response to intelligence agencies’ abuses during the post-Watergate era and its response to the far more serious NSA abuses uncovered in recent years.
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Life in the Electronic Concentration Camp: The Many Ways That You’re Being Tracked, Catalogued and Controlled

Surviellance

What is most striking about the American police state is not the mega-corporations running amok in the halls of Congress, the militarized police crashing through doors and shooting unarmed citizens, or the invasive surveillance regime which has come to dominate every aspect of our lives. No, what has been most disconcerting about the emergence of the American police state is the extent to which the citizenry appears content to passively wait for someone else to solve our nation’s many problems. Unless Americans are prepared to engage in militant nonviolent resistance in the spirit of Martin Luther King Jr. and Gandhi, true reform, if any, will be a long time coming.

Yet as I detail in my book A Government of Wolves: The Emerging American Police State, if we don’t act soon, all that is in need of fixing will soon be unfixable, especially as it relates to the police state that becomes more entrenched with each passing day. By “police state,” I am referring to more than a society overrun by the long arm of the police. I am referring to a society in which all aspects of a person’s life are policed by government agents, one in which all citizens are suspects, their activities monitored and regulated, their movements tracked, their communications spied upon, and their lives, liberties and pursuit of happiness dependent on the government’s say-so.
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'NSA Has Become a Four-Letter Word in US'

Nsart

The NSA “has become a four-letter word in the US” and Americans are irritated, executive director of the Ron Paul Institute for Peace and Prosperity, Daniel McAdams, told RT while commenting on a ruling which states that the agency's spying is legal.

RT: The hackers' congress which is underway in Hamburg is seeking to raise awareness of encryption and privacy. We're used to thinking about hacking as something illegal. Are hackers becoming the new heroes of our time?

Daniel McAdams: When the government is doing things that are illegal, it takes formerly illegal things like hackers to try to protect us. The only worry is [whether these are] all legitimate hackers or some [are] infiltrated. The whole world of encryption is also somewhat concerning as well.

RT: Assange called on hackers to fight back against the spy agencies. Is the job any easier these days, after all these revelations?

DM: I think there has been an enormous increase in awareness of what the government is doing. What is interesting is that this ruling by Judge Pauley on Friday said the ACLU does not have the right to challenge this collection of metadata because it was gotten illegally because of revelations by Snowden.


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NSA Task Force Member Says Program Should Be Expanded Not Limited

Homeland Surveillance

Last week, I wrote about the dangers of tasks forces bearing gifts for civil libertarians and noted how Obama stacked the task force on NSA surveillance with hawks to guarantee the preservation of the program. One of those was former Acting CIA Director Michael Morell who served during the secret development and use of the program. Obviously, if he were to conclude that the program was illegal, it would have meant that he was part of the violations. Not only did the task force maintain the program was legal (in conflict with the recent ruling of a federal court), but now Morell has called not for the limitation of the program but its expansion. That is what President Obama considers a reformer in the national security field.

Morell gave an interview in the aftermath of the task force report that included a call for the expansion of the program to include emails. He also confirmed, as was stated in the earlier column, that the report actually did not include any substantial change for the program.

Morell stated “I would argue actually that the email data is probably more valuable than the telephony data. You can bet that the last thing a smart terrorist is going to do right now is call someone in the United States.” Well, yes, but the same discomfort is felt by citizens of the United States and others around the world. If you really want privacy, it appears that you had best use telepathy rather than telephony communications.
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Breaking: Federal Court Declares NSA Program Unconstitutional

NSA Seal

U.S. District Court Judge Richard Leon has handed down a blockbuster decision this afternoon finding that the massive National Security Agency surveillance program is unconstitutional – a view shared by many constitutional scholars including myself. The decision is not only a courageous defense of privacy but a reaffirmation of the integrity and independence of the courts.

While President Obama often insists that his authority for such surveillance is clear, the Justice Department has fought mightily (and until now successfully) to block all major challenges of the program from securing judicial review. The decision is also an embarrassment to the “reform” boards set up by the White House, including one that just released its findings on the NSA program (including the assurance that the NSA program is perfectly legal).

The Review Board conclusions were leaked by officials, which noted that the board found that the NSA is operating within the laws. This was the day before Leon issued his ruling saying that the NSA was flagrantly violating the Constitution. Many of us have questioned the hand picked boards, including a privacy board that has yet to issue its recommendations, in the wake of the Snowden scandal.
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Welcome To The Memory Hole

Computer Storage

What if Edward Snowden was made to disappear? No, I’m not suggesting some future CIA rendition effort or a who-killed-Snowden conspiracy theory of a disappearance, but a more ominous kind.

What if everything a whistleblower had ever exposed could simply be made to go away? What if every National Security Agency (NSA) document Snowden released, every interview he gave, every documented trace of a national security state careening out of control could be made to disappear in real-time? What if the very posting of such revelations could be turned into a fruitless, record-less endeavor?

Am I suggesting the plot for a novel by some twenty-first century George Orwell? Hardly. As we edge toward a fully digital world, such things may soon be possible, not in science fiction but in our world -- and at the push of a button. In fact, the earliest prototypes of a new kind of “disappearance” are already being tested. We are closer to a shocking, dystopian reality that might once have been the stuff of futuristic novels than we imagine. Welcome to the memory hole.
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Ben Franklin Was Right About the NSA

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In 1975, I was invited to join the US Senate’s Church Committee that was formed after the Watergate scandals. Its goal was to investigate massive illegalities committed by the CIA, National Security Agency and FBI.

As a then staunch Republican, and having worked on President Nixon’s reelection campaign developing Mideast policy, I declined.

With the wisdom of hindsight, I should have joined the investigation.

Senator Frank Church warned: “ If this government ever became a tyrant, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. “
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Obama, NSA Spying and the Dangers of Secretive, Authoritarian Government

Recent reports indicating that President Obama was aware of and personally approved an NSA program that involved spying on the personal communications of various international leaders, including German Chancellor Angela Merkel, have once again highlighted the deception and intransigence of the Obama administration in dealing with the revelations that the National Security Agency has been acting outside the bounds of the law, sucking up electronic communications the world over.

While this may come as a shock to most Americans, I’ve been writing about the NSA’s illegal surveillance tactics since the 1980s, which features prominently in my new book A Government of Wolves: The Emerging American Police State. However, this latest development in the spying saga—that the NSA has been aiming its surveillance activities at the citizens of allied countries, including France and Germany—has thrown a kink into the Obama administration’s attempts at maintaining a cozy relationship with its foreign allies.
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