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“Edward Snowden’s Grandiosity”: A Classic Rorschach Test, How You See It Depends On What You Bring To The Seeing.

Edward Snowden was appalled.

“They quite literally can watch your ideas form as you type,” the then-anonymous Snowden told reporters as his leaks first emerged.

Well, so can Google. And Facebook. And most companies’ internal networks. Creepy? You bet. Calamitous? Not so clear.

Snowden hoped to go to Iraq at 19 when he joined the Army because he “felt like he had an obligation as a human being to help free other people from oppression.”

Commendable, if a bit grandiose. But Snowden’s superiors couldn’t measure up to his ideals. “Most of the people training us seemed pumped up about killing Arabs, not helping anyone,” he said in his coming-out interviews.

That doesn’t describe officers I know who spent years risking their lives trying to help Iraqis forge a better destiny.

Then even a president failed him. It was no single thing President Obama did, you understand. “It was more of a slow realization that presidents could openly lie to secure the office and then break public promises without consequence,” Snowden said.

It’s staggering to contemplate. In the old days, when the scales fell away from the eyes of one callow Rand Paul donor, the result might have been a few beers at the dorm as everyone lamented how compromised adult life really is. Today, a disappointed young libertarian contractor with a security clearance can blow the lid on lawful intelligence methods thousands of Americans spent billions of dollars developing.

The Snowden case is a classic Rorschach test. How you see it depends on what you bring to the seeing. Do you empathize more with those who govern — and who, in this case, are charged with protecting us? Or has the history of abuse of power, and the special danger from such abuses in an age in which privacy seems to be vanishing, leave you hailing any exposure of secret government methods as grounds for sainthood?

There are people I respect who say Snowden is a hero. I think they’re dead wrong.

Thinking about “big data” is a little like imagining how things look to God (assuming God exists). God may love you personally, but she’s a little too busy to worry about whether you get that raise you deserve. The National Security Agency (NSA) may have access to every bit and byte in the land, but the unfathomable river of information their algorithms must mine means no one’s focusing on the text you sent to that guy in accounting.

(To test Big Brother’s reach, my daughter and I e-mailed on how to work with a Chechnyan rebel group to develop weapons for an attack on U.S. soil, as part of a “play” we’re writing based on recent events. No knock at the door. Yet.)

Is there potential for abuse? Of course. An Internet-era J. Edgar Hoover is frightening to conjure. But what Snowden exposed was not some rogue government-inside-the-government conspiracy. It’s a program that’s legal, reviewed by Congress and subject to court oversight.

The conversation would be entirely different today if we’d had a series of attacks since Sept. 11, 2001. As the Wall Street Journal editorial page (with which I don’t usually nod in agreement) wrote, if the nation suffered another 9/11 or an attack with weapons of mass destruction, “the political responses could include biometric national ID cards, curfews, surveillance drones over the homeland, and even mass roundups of ethnic or religious groups.” Practices like data mining, the Journal added, “protect us against far greater intrusions on individual freedom.”

But because vigilance and luck have left us safe thus far from more massive attacks, Snowden felt entitled to indulge the call of his precious conscience. Has any leaker ever been armed with more perfectly crafted sound bites as “the architecture of oppression” and “turnkey tyranny”?

I’ve been spied on continuously by private-sector firms as I’ve written this column. As I typed “Snowden” on Gmail, I got ads for new mortgage rates. My search for “secrets” drew ads for Secret deodorant. My behavior has been fed into algorithms and sold to advertisers. At least the NSA isn’t getting rich tracking my every move.

Daniel Ellsberg says Snowden is a “hero.” Let me suggest a different prism through which to view that term. Somewhere in the intelligence community is another 29-year-old computer whiz whose name we’ll never know. That person joined the government after 9/11 because she felt inspired to serve the nation in its hour of need. For years she’s sweated to perfect programs that can sort through epic reams of data to identify potential threats. Some Americans are alive today because of her work.

As one security analyst put it this week, to find a needle in a haystack, you need the haystack. If we’re going to romanticize a young nerd in the intelligence world, my Unknown Coder trumps the celebrity waiting in Hong Kong for Diane Sawyer’s call any day.

 

By: Matt Miller, Opinion Writer, The Washington Post, June 11, 2013

June 14, 2013 Posted by | National Security | , , , , , , , | Leave a comment

“The Scandal Is In What’s Legal”: Holding Congress Accountable For National Security Agency Excesses

It didn’t generate much attention at the time, but in the closing days of 2012, while most of the political world was focused on the so-called “fiscal cliff,” Congress also had to take the time to reauthorize the government’s warrantless surveillance program. A handful of senators — Ron Wyden (D-Ore.), Jeff Merkley (D-Ore.), Pat Leahy (D-Vt.), Rand Paul (R-Ky.) — proposed straightforward amendments to promote NSA disclosure and add layers of accountability, but as Adam Serwer reported at the time, bipartisan majorities rejected each of their ideas.

In effect, every senator was aware of dubious NSA surveillance — some had been briefed on the programs in great detail — but a bipartisan majority was comfortable with an enormous amount of secrecy and minimal oversight. Even the most basic of proposed reforms — having the NSA explain how surveillance works in practice — were seen as overly intrusive. The vast majority of Congress was comfortable with NSA operating under what are effectively secret laws.

With this in mind, Jonathan Bernstein asked a compelling question over the weekend and provided a persuasive answer: “If you don’t like the revelations this week about what the NSA has been up to regarding your phone and Internet data, whom should you blame?”

There is, to be sure, plenty of blame to go around. The NSA has pushed the limits; federal courts approved the surveillance programs; George W. Bush got this ball rolling; President Obama kept this ball rolling; and telecoms have clearly participated in the efforts.

But save plenty of your blame — perhaps most of your blame — for Congress.

Did you notice the word I used in each of the other cases? The key word: law. As far as we know, everything that happened here was fully within the law. So if something was allowed that shouldn’t have been allowed, the problem is, in the first place, the laws. And that means Congress.

It’s worth pausing to note that there is some debate about the legality of the exposed surveillance programs. Based on what we know at this point, most of the legal analyses I’ve seen suggest the NSA’s actions were within the law, though we’re still dealing with an incomplete picture, and there are certainly some legal experts who question whether the NSA crossed legal lines.

But if the preliminary information is accurate, it’s hard to overstate how correct Bernstein is about congressional culpability.

Towards the end of the Bush/Cheney era, there was a two-pronged debate about surveillance. On the one hand, there were questions about warrantless wiretaps and NSA data mining. On the other, there was the issue of the law: the original FISA law approved in 1978 was deemed by the Bush administration to be out of date, so officials chose to circumvent it, on purpose, to meet their perceived counter-terrorism needs.

In time, bipartisan majorities in Congress decided not to hold Bush/Cheney accountable, and ultimately expanded the law to give the executive branch extraordinary and unprecedented surveillance powers.

In theory, Obama could have chosen a different path after taking office in 2009, but the historical pattern is clear: if Congress gives a war-time president vast powers related to national security, that president is going to use those powers. The wiser course of action would be the legislative branch acting to keep those powers in check — limiting how far a White House can go — but our contemporary Congress has chosen to do the opposite.

This is, by the way, a bipartisan phenomenon — lawmakers in both parties gave Bush expansive authority in this area, and lawmakers in both parties agreed to keep these powers in Obama’s hands. What’s more, they not only passed these measures into law, they chose not to do much in the way of oversight as the surveillance programs grew.

OK, but now that the NSA programs are causing national controversies again, perhaps Congress will reconsider these expansive presidential powers? Probably not — on the Sunday shows, we heard from a variety of lawmakers, some of whom expressed concern about the surveillance, but most of whom are prepared to allow the programs continue untouched.

Indeed, for many lawmakers on the right, the intended focus going forward won’t be on scaling back NSA efforts, but rather, will be on targeting the leaks that exposed the NSA efforts.

Conservatives, in particular, seem especially eager to leave these powers in the president’s hands — even though they have nothing but disdain for this particular president. And as Jon Chait explained, support for the NSA programs from the right will matter a great deal: “The Republican response is crucial, because it determines whether the news media treats the story as a ‘scandal’ or as a ‘policy dispute.'”

Michael Kinsley, referencing campaign-finance laws, once argued that in Washington, the scandal isn’t what’s illegal; the scandal is what’s legal. I’ve been thinking a lot about this adage in recent days.

If the reports are accurate and the NSA is acting within the law, but you nevertheless consider the surveillance programs outrageous, there is one remedy: Congress needs to redraw the legal lines. At least for now, the appetite for changes among lawmakers appears limited, which only helps reinforce the thesis about who’s ultimately responsible for this mess.

 

By: Steve Benen, The Maddow Blog, June 10, 2013

June 13, 2013 Posted by | Congress | , , , , , , , , | 1 Comment

“Snowden And The Right”: The Republican Thermogenic Desire To See Barack Obama Have A Bad Day At The Office, Whatever It Takes

Here’s something I’ll certainly be keeping one eye fixed on as the Edward Snowden story advances: the degree to which the American right takes him up as a cause célèbre. They’re up a tree either way. If they do, then they’re obviously guilty of the rankest hypocrisy imaginable, because we all know that if Snowden had come forward during George W. Bush’s presidency, the right-wing media would by now have sniffed out every unsavory fact about his life (and a hefty mountain of fiction) in an effort to tar him. If they don’t, then they’ve lost an opportunity to sully Barack Obama. Since they like smearing Obama a lot more than they care about hypocrisy, my guess is that they will lionize him, as some already are. But in the long run, doing that will only expose how deep the rifts are between the national-security right and the libertarian right, and this issue will only extend and intensify those disagreements.

First out of the gate Sunday was Glenn Beck, who tweeted in the late afternoon, not too long after The Guardian posted the interview with Snowden: “I think I have just read about the man for which I have waited. Earmarks of a real hero.” Shortly thereafter, another: “Courage finally. Real. Steady. Thoughtful. Transparent. Willing to accept the consequences. Inspire w/Malice toward none.” And two hours after that: “The NSA patriot leaker is just yet another chance for America to regain her moral compass and set things right. No red or blue JUST TRUTH.”

Beck, I will concede, has a degree of credibility on the red/blue issue. He criticizes Republicans sometimes. Even so, it amounts to a speck of dust when set against his near-daily sermons (for years now) about liberal and Democratic fascism. So I wonder about the degree to which Beck would have hopped up to throw rose petals at young Snowden’s feet if he’d come forward in this way under the Bush administration.

About Beck, we can wonder. About the others, I think there is no reason to wonder at all. If Snowden’s parents had got about the business of conceiving him five or six years before they did, and the progeny had taken up this line of work in 2007 or 2008, it’s obvious that The Daily Caller and Breitbart.com, two right-wing outfits that Sunday evening were triumphantly bannering Snowden’s comments and the National Security Agency’s announced investigation into the matter, would have been savaging the guy. By close of business today, the rumors about his sexuality would be rampant.

They just want any cudgel they can find to beat Obama over the head, so Snowden suits their purposes for now. But let’s see where they go on this one over the long haul. On Sunday morning, Sen. Rand Paul called for a Supreme Court–level challenge to the NSA, in the form of a class-action suit, to end this data-mining. How’s that going to sit with John McCain, Lindsey Graham, Mitch McConnell, John Boehner, Reince Priebus, and the moneymen behind the Republican Party? Not very well.

Yes, the subject of the national-security state gives liberals and Democrats fits. We’re not “supposed” to do or support this sort of thing, because we believe in and hew to certain civil-libertarian principles. Conservatives, on the other hand, burdened with no such principles, can let it rip. No one expects ethical behavior of them in these arenas in the first place. It thus amuses me to watch conservatives attack liberals on the grounds of “hypocrisy” (if, say, they defend the Obama administration on this story) when everyone knows that (most) conservatives think civil liberties are some conspiracy against America.

But the bigger an issue conservatives try to make of this now, the more controversial the question of citizen-monitoring will become, and when that happens, the blowback is going to be much fiercer on the right than on the left, especially as we head toward 2016. On the left, Democrats will speak of the need for “balance” but not force a major debate on the issue, particularly if the nomination is essentially Hillary Clinton’s for the asking.

But on the right, the issue threatens to be much more disruptive. What used to be the Ron Paul–crank-libertarian faction, easily outnumbered by the neocons, is growing, and his son—a senator rather than just a congressman, young rather than curmudgeonly old, able to appeal to groups his father could not—is a much stronger standard-bearer for the anti-war-machine, pro-civil-libertarian message. Paul, it seems, is definitely running for president, and given the field, he’ll probably be in the first tier of contenders. He’ll have the ability to force a debate about these issues in a way his father never could.

The war caucus still dominates inside the GOP. But what really dominates the Republican Party mindset, what conquers everything, is the thermogenic desire to see Barack Obama have a bad day at the office, whatever it takes. So to the extent that Snowden proves useful to them in the coming days and weeks, they will use him. And liberals should say: let them.

By: Michael Tomasky, The Daily Beast, June 10, 2013

June 11, 2013 Posted by | National Security, Politics | , , , , , , , | Leave a comment

“Libertarianism’s Achilles’ Heel”: Circular Hypocritical Logic That Avoids The Messy Choices

In politics, we often skip past the simple questions. This is why inquiries about the fundamentals can sometimes catch everyone short.

Michael Lind, the independent-minded scholar, posed one such question last week about libertarianism that I hope will shake up the political world. It’s important because many in the new generation of conservative politicians declare libertarianism as their core political philosophy.

It’s true that since nearly all Americans favor limits on government, most of us have found libertarians to be helpful allies at one point or another. Libertarians have the virtue, in principle at least, of a very clear creed: They believe in the smallest government possible, longing for what the late philosopher Robert Nozick, in his classic book “Anarchy, State, and Utopia,” called “the night-watchman state.” Anything government does beyond protecting people from violence or theft and enforcing contracts is seen as illegitimate.

If you start there, taking a stand on the issues of the day is easy. All efforts to cut back on government functions — public schools, Medicare, environmental regulation, food stamps — should be supported. Anything that increases government activity (Obamacare, for example) should be opposed.

In his bracing 1970s libertarian manifesto “For a New Liberty,” the economist Murray Rothbard promised a nation that would be characterized by “individual liberty, a peaceful foreign policy, minimal government and a free-market economy.”

Rothbard’s book concludes with boldness: “Liberty has never been fully tried in the modern world; libertarians now propose to fulfill the American dream and the world dream of liberty and prosperity for all mankind.”

This is where Lind’s question comes in. Note that Rothbard freely acknowledges that “liberty has never been fully tried,” at least by the libertarians’ exacting definition. In an essay in Salon, Lind asks:

“If libertarians are correct in claiming that they understand how best to organize a modern society, how is it that not a single country in the world in the early 21st century is organized along libertarian lines?”

In other words, “Why are there no libertarian countries?”

The ideas of the center-left — based on welfare states conjoined with market economies — have been deployed all over the democratic world, most extensively in the social democratic Scandinavian countries. We also have had deadly experiments with communism, a.k.a Marxism-Leninism.

From this, Lind asks another question: “If socialism is discredited by the failure of communist regimes in the real world, why isn’t libertarianism discredited by the absence of any libertarian regimes in the real world?”

The answer lies in a kind of circular logic: Libertarians can keep holding up their dream of perfection because, as a practical matter, it will never be tried in full. Even many who say they are libertarians reject the idea when it gets too close to home.

The strongest political support for a broad anti-statist libertarianism now comes from the tea party. Yet tea party members, as the polls show, are older than the country as a whole. They say they want to shrink government in a big way but are uneasy about embracing this concept when reducing Social Security and Medicare comes up. Thus do the proposals to cut these programs being pushed by Republicans in Congress exempt the current generation of recipients. There’s no way Republicans are going to attack their own base.

But this inconsistency (or hypocrisy) contains a truth: We had something close to a small-government libertarian utopia in the late 19th century and we decided it didn’t work. We realized that many Americans would never be able to save enough for retirement and, later, that most of them would be unable to afford health insurance when they were old. Smaller government meant that too many people were poor and that monopolies were formed too easily.

And when the Great Depression engulfed us, government was helpless, largely handcuffed by this anti-government ideology until Franklin D. Roosevelt came along.

In fact, as Lind points out, most countries that we typically see as “free” and prosperous have governments that consume around 40 percent of their gross domestic product. They are better off for it. “Libertarians,” he writes, “seem to have persuaded themselves that there is no significant trade-off between less government and more national insecurity, more crime, more illiteracy and more infant and maternal mortality . . . .”

This matters to our current politics because too many politicians are making decisions on the basis of a grand, utopian theory that they never can — or will — put into practice. They then use this theory to avoid a candid conversation about the messy choices governance requires. And this is why we have gridlock.

 

By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, June 9, 2013

June 10, 2013 Posted by | Libertarians | , , , , , , , , | 1 Comment

“Kindergartner’s Behaving Badly”: The GOP Is Too Juvenile To Govern

With budgetary tantrums in the Senate and investigative play-acting in the House, the Republican Party is proving once again that it simply cannot be taken seriously.

This is a shame. I don’t share the GOP’s philosophy, but I do believe that competition makes both of our major parties smarter. I also believe that a big, complicated country facing economic and geopolitical challenges needs a government able to govern.

What we don’t need is the steady diet of obstruction, diversion and gamesmanship that Republicans are trying to ram down the nation’s throat. It’s not as if President Obama and the Democrats are doing everything right. It’s just that the GOP shrinks from doing anything meaningful at all.

The most glaring example, at the moment, is in the Senate. For four years, Republican senators lambasted their Democratic colleagues — with justification — for not approving a budget, one of the basic tasks of governance. Sen. John Cornyn(R-Tex.), and others regularly took to the Senate floor to announce the number of days since the body last produced a spending plan and to blast Majority Leader Harry Reid (D-Nev.) for this shocking failure.

Two months ago, Reid and the Democrats finally passed a budget. Since the House has already passed its version — the controversial plan authored by Rep. Paul Ryan (R-Wis.) — the next step should be for both chambers to appoint members of a conference committee that would iron out the differences. But Republicans won’t let this happen.

Specifically, far-right conservatives including Ted Cruz of Texas, Marco Rubio of Florida, Mike Lee of Utah and Rand Paul of Kentucky are refusing to allow the Senate to appoint its representatives to the conference. Yes, having demanded this budget for four years, Republicans are now refusing to let it go forward.

Some Republicans, that is. Establishment types such as John McCain of Arizona are apoplectic at the antics of their tea party-inspired colleagues, which McCain called “absolutely out of line and unprecedented.”

Cruz and the others are worried that a conference committee might not only work out a budget but also make it possible to raise the federal debt ceiling without the now-customary showdown threatening default and catastrophe. They believe that brinkmanship is the only way to stop runaway government spending, which produces massive trillion-dollar deficits, which add to the ballooning national debt, which . . .

Hold on, senator. According to the nonpartisan Congressional Budget Office, the deficit is shrinking rapidly and will fall to $642 billion this fiscal year. That’s still substantial, but it’s less than half the deficit our government ran in 2011. More important, if annual deficits continue to decline as the CBO predicts, the long-term debt problem begins to look more manageable. That’s good news, right?

What Republicans ought to do is declare a victory for fiscal conservatism and move on to the battle to have their priorities reflected in the budget — a promising fight, since the conferees appointed by the GOP-controlled House are hardly going to be flaming liberals. Instead, the party seeks not consensus but crisis.

This is no way for a 2-year-old to act, much less the self-proclaimed “world’s greatest deliberative body.”

And speaking of juvenile behavior, I would be remiss not to mention how Rep. Darrell Issa of California and his GOP colleagues in the House are embarrassing themselves by straining to turn Obama administration missteps into Watergate-style scandals.

The deaths of four Americans in Benghazi, Libya, resulted from a security lapse of the kind that every recent administration, unfortunately, has suffered. Since future administrations will have lapses as well, congressional oversight could be useful in at least making sure the specific mistakes of Benghazi are not repeated. But instead, House Republicans summon the television cameras and ask round after round of tendentious questions — without paying the slightest attention to the answers.

Similarly, on the question of how and why the IRS gave added scrutiny to conservative “social welfare” groups seeking nonprofit status, House inquisitors seem barely interested in what actually happened. “What did the president know and when did he know it?” was an appropriate question. But the follow-up — “Harrumph, well then, why didn’t he know sooner?” — isn’t much in the way of scandal material.

And concerning the Justice Department’s overzealous crusade to thwart classified leaks — and investigative reporting — it is amusing to watch House Republicans twist themselves into champions of the hated Lamestream Media. Who knew?

None of this is boosting the GOP’s poll numbers. I’ve got an idea: Why don’t they try doing the people’s business for a change?

 

By: Eugene Robinson, Opinion Writer, The Washington Post, May 30, 2013

June 2, 2013 Posted by | GOP | , , , , , , , , | 1 Comment