Zounds! At last print, led by The New York Review of Books, picks up the real surveillance story: the NSA and GCHQ spooks are followers, not leaders

. 4th Estate moves . , , , , , , , , ,

24/7 surveillance: eyes, cameras, mirrors … cameras in and behind mirrors? - postgutenberg[at]gmail.com

24/7 surveillance: eyes, cameras, mirrors, clear and fuzzy views … cameras in and behind mirrors?
– postgutenberg[at]gmail.com

Not for ages has there been a pudding quite as over-egged as the one presented as the news story of 2013 – the Orwellian mass surveillance exposé which, as it unravels, shows the UK and US governments hardly initiating nonstop monitoring but, rather, striving to keep up with companies like Facebook, Apple, Microsoft and Google in gathering intimate information about us and watching what we do.

Why are you learning about this on a blog, not on the front page of any well-known newspaper? Because any dissenting voices in the new ‘participatory media’ – the blogosphere, online-only journals, social networking sites and other evolving sources of facts – are still drowned out by the megaphones of the brand names at the top of the old media pyramid, names we were brought up to revere. Until those amplifiers are shared through a formal restructuring of media ownership and operation – which could be a long wait — correcting misguided and misleading information will tend to be maddeningly slow, no matter how big the story.

Two of the finest of the old guard, The Guardian and The New York Times, have yet to give any sign of noticing the shifting narrative about surveillance. This is unsurprising. They love the attention they have won from pinning Big-Brother-run-amok behaviour exclusively on the UK and US governments, and the hailstorms of congratulations from commenters and colleagues in other parts of the media that they unwittingly led astray. Both newspapers chose – apparently without much critical thinking – to gratify Edward Snowden’s wish to be fêted as a hero for torrential leaking of extremely sensitive information related to national security. 

The clearest de-bunking of the myth constructed from the Snowden leaks has come from The New York Review of Books – it so happens, after someone at post-Gutenberg wrote late last November to two editors on that publication, the editor-in-chief, Robert Silvers, and the one in charge of covering technology. The email was not about mass surveillance. But it did include a link to this blog when our home page displayed more than one post deconstructing the souped-up hullabaloo with our usual careful citations, and pointing to corporate technology giants as the round-the-clock watchers we should really be worrying about – even if the NSA appears to have outdone them in spying techniques (see yesterday’s ‘N.S.A. Devises Radio Pathway Into Computers’ in the NY Times).

In the week in which we communicated with that rightly esteemed publication, the NYRB’s contribution to the discussion was ‘The NSA’s Threat to Global Free Speech,’  to be followed shortly by ‘The Snowden Leaks and the Public,’ and ‘The NSA on Trial’. In fact, searching on ‘NSA and NYRB’ brings up a first page of Google links to articles in that publication last year all singing the same tune as The Guardian and The New York Times.

Then came an abrupt switch in direction. … Was it a mere coincidence that last week, about six weeks after the NYRB received a web address for post-Gutenberg — and roughly as long as it takes a publication as methodical as that Review to put together a report — its site featured a piece titled, ‘How Your Data Are Being Deeply Mined’, beginning,

The recent revelations regarding the NSA’s collection of the personal information and the digital activities of millions of people across the world have attracted immense attention and public concern. But there are equally troubling and equally opaque systems run by advertising, marketing, and data-mining firms that are far less known. Using techniques ranging from supermarket loyalty cards to targeted advertising on Facebook, private companies systematically collect very personal information, from who you are, to what you do, to what you buy. Data about your online and offline behavior are combined, analyzed, and sold to marketers, corporations, governments, and even criminals. The scope of this collection, aggregation, and brokering of information is similar to, if not larger than, that of the NSA, yet it is almost entirely unregulated and many of the activities of data-mining and digital marketing firms are not publicly known at all.

Compare that with part of our own offering on the subject, in the week we wrote to the NYRB,  titled, ‘In the shift “from God to Google” do we want our spooks stuck in the age of typewriters …?’:

The Guardian – railing ad nauseam about spooks — is oddly tongue-tied about corporate surveillance. The explanation for this is surely the potential embarrassment of having to admit the true extent of the newspaper’s own monitoring of its readers’ behaviour.

[…]

Onora O’Neill, a down-to-earth philosopher — specialising in justice, public trust and accountability – who is also a member of the House of Lords (Baroness O’Neill of Bengarve) commendably unaffiliated to any political party, is one of the few sounding this particular alarm. ‘Insofar as [government spies at the NSA and GCHQ] collect content, I might be … worried,’ she said recently, ‘but by the same token I would worry equally about Facebook, who collect content, and in particular a lot of personal content.’

The NYRB added, in the same report on data mining:

[W]e may be more concerned with government surveillance than with marketers or data brokers collecting personal information, but this ignores the fact that the government regularly purchases data from these companies. ChoicePoint, now owned by Elsevier, was an enormous data aggregator that combined personal data extracted from public and private databases, including Social Security numbers, credit reports, and criminal records. It maintained 17 billion records on businesses and individuals, which it sold to approximately 100,000 clients, including thirty-five government agencies and seven thousand federal, state, and local law enforcement agencies.

Again, compare that with a point made here earlier. Last September, this blog warned that the blinkers needed to come off too many commentators on the NSA and Britain’s GCHQ – to let them appreciate that we should be protesting not just about spooks but anyone amassing personal data about us. In an entry about reader-commenters on newspaper sites correcting the unbalanced coverage of mass surveillance, we said:

Stores of information, once they are gathered, can acquire new owners. 

By the end of 2013, when the Guardian and New York Times were running editorials campaigning for the virtual canonisation of Snowden, the Guardian’s commendably independent-minded sister publication, The Observer, was changing tack in the same direction as the NYRB. The standfirst for an editorial there read: ‘Digital behemoths have perfected surveillance as a business model.’

Did the ‘digital behemoths’ scream in protest about that attack on nonstop surveillance as their ‘business model’? On 30 December, The Guardian, perhaps in sympathy with their plea – and conceivably worried about losing its own right to spy on readers, justified as market research — actually ran a blog post by an American academic, titled ‘The primary NSA issue isn’t privacy, it’s authority’:

[O]nce we say some amount of data is too much to have, then we will end up debating the line around too much knowledge and that is a line I never want to see drawn. If we start to say that bad things can happen merely if knowledge exists, then too soon we fall into the trap of controlling the extent of knowledge – who may know what and how much they may know and thus who may say what to whom.

Imagine how the spooks at the NSA and GCHQ must have smiled about reading that.

…

N.B.: As we post, The Guardian site has a lamentation by Senator John McCain about ‘overreach’ by the NSA. In a menu of other offerings in the right-hand column on the same page, there is this bit of clickbait: ‘US will not enter bilateral no-spy agreement with Germany … Despite assurance from Barack Obama, United States has not ruled out bugging political leaders’ calls, claims German paper.’

We somehow doubt that much of what the NSA or GCHQ do will change, after a crowd-calming interlude of more or less cosmetic modifications of their practices. Spies can no more stop spying with every available advance on James Bond’s arsenal of gadgetry than journalists can stop wheedling secrets out of sources with charm, or casinos discourage impulsive and compulsive gambling, or prostitutes start dressing like nuns …

‘Mass surveillance’: a top spook is allowed an intelligent and revealing say, at last

. 4th Estate moves . , , , , , , , ,
With the apparent arrival of see-through spying, can transparent black ops be far behind? - 'Cluff' for Private Eye

With the apparent arrival of see-through spying, can transparent black ops be far behind?
– ‘Cluff’ for Private Eye

As this is not really a personal blog, let us say simply that, for the second December in a row, we find ourselves grieving. Two losses. Two who could not be closer to us: she, just after Christmas, last year; he, last week.

He could be morose and rage like thunder, yes. But laughter was what came to him most naturally. He would have loved this enlargement of a drawing at the bottom of an inside page of a recent Private Eye that there was no time to send him. For weeks, we’d been discussing — in wondering tones — exactly how the spies of Britain’s GCHQ and America’s NSA were going to do their jobs ‘transparently’ with members of the judiciary and politicians breathing hotly down their backs.

He, with an insider’s knowledge of these things – in another part of the world – would have warmly endorsed points made by a former top spy in the aftermath of the Snowden leaks. David Omand is the one truly thoughtful debater who, as far as we have noticed, has been given a chance to make the case for the other side of government data-gathering about ordinary citizens to a politically liberal audience. We have not seen his reflections given any space in the newspapers**, but paid close attention to what he said at a forum organised by the Labour Campaign for Human Rights – ‘GCHQ and the fight against terrorism: did UK surveillance go too far?’ — where the speakers included the Wikipedia founder Jimmy Wales. Here was an event that made us think — at long last, balance.

Not as an endorsement, just good food for thought, an extract from live reporting of the event by a Guardian reporter — part of David Omand’s contribution to the conversation at the Houses of Parliament on 17 December:

7.14pm GMT Sir David Omand, the former head of GCHQ, speaks next.

He is speaking on his own behalf, he says.

He says these revelations would not have come as a shock if the Guardian had done more homework – “there are books written about all this stuff”. There is a lot of “synthetic shock horror”, he says.

7.17pm GMT There is increasing demand for more data about criminals from law enforcement, Omand says.

Supplying those demands is driven by the ever-improving electronic communications devices.

The ethical constraints are the third key force here, he says. It is our legitimate concern for privacy that constrains how such data is used.

We should be looking for a point of stable equilibrium between these three forces, he says.

Much of what has been reported about what Snowden stole has been misleading, he says.

A “major category error” runs through the Guardian’s reporting, he says. It is journalistic sleight of hand to confuse access to fibre-optic cables with mass surveillance. “We are not actually subject to mass surveillance in this country”, but we are “blessed” with an intelligence community that has “bulk access” – but that is different, he says.

7.23pm GMT

He has seven points to make.

He believes in human rights and the privacy of family life.

But also of protecting the weak from those who would harm them.

For a long time we have sanctioned intrusion by law, he says. The European convention on human rights states that states have the right to protect their citizens, but there has to be oversight and investigation of abuse, and redress if abuse is found.

The scale of change needed to deal with the internet by law enforcement today needs to be recognised, he says. It is the medium of choice for enemies of society because it offers multiple means of hiding your identity, Omand says. Complete anonymity is not desirable and should not be a policy goal, he says.

The security services should be able to find and access the communications of those who mean to do us harm, he says. You need powerful tools for that, and that’s where bulk access comes in, and if you don’t allow the services those tools, you won’t be able to stop the terrorists.

You should be proud that in this country we have people of the skills and dedication to be able to do this, he says.

Oversight and regulation and judicial determination that the actions are lawful are also necessary.

In this security space it would be absurdly self-defeating to inform suspects they were under surveillance or tell them how they were. So the authorities cannot be transparent – “they can however be much more open about the purposes of this activity and the nature of the work that is being done”, he says.

You don’t need to read the Guardian to find out about this – it was already out there. For some reasons government was reticent about giving a full account, he says.

So the ISC [ the Intelligence and Security Committee of Parliament ] will have to continue to have private sessions, he says.

7.26pm GMT

[…]

If you follow those seven steps you end up with a sensible agenda for change, Omand says.

[…]

Speaking personally, he says he didn’t devote most of his working life to fighting the cold war in order to introduce new totalitarianism, all-knowing mass surveillance.

…

** A quick post-posting check shows that he was permitted to contribute an opinion piece about the Snowden leaks on the Guardian site in September — but with low reader interest guaranteed by its placing in the Comment-is-Free section with commenting turned off. Erm — well, yes.

The Supreme who reads Proust to live by, and to understand his fellow human-beings

. Artists . , , , , , ,

Marcel was surely here: a Parisian backstreet not far from Sacré Couer - postgutenberg [@] gmail.com

Marcel Proust was surely here: a Parisian backstreet not far from Sacré Couer
– postgutenberg [ at ] gmail.com

‘Artistic people aren’t respected.’ We quoted someone to that effect a year ago – a close relation of someone else of strikingly conventional views, but unusually plain-spoken, who says frankly, ‘I want power,’ and would like to have been a lawyer or politician.

We thought of her as we read a recent interview with an American Supreme Court judge, Justice Stephen Breyer, translated by The New York Review of Books from a French literary journal, La Revue des Deux Mondes. Justice Breyer was talking with marvellous fluency about his near life-long love of Proust’s In Remembrance of Things Past. The edited transcript of the conversation reads like an early Christmas card – except that the most winning images of doves, poinsettias, Boticelli angels and white-bearded old men clad in scarlet, humping sacks of gifts, cannot compete, as channels to transcendent happiness, with what he says about the supreme importance of literature:

Q: This year marks the centennial of the publication of Swann’s Way. In your opinion, what is the novel’s greatest contribution?

A: What I especially remember is the meditation on the passing of time at the very end of that volume, when the narrator strolls through the Bois de Boulogne just as Odette used to do so many years before. But the forest he walks through is no longer Odette’s forest. Time has passed. Women are no longer dressed the same way, the fashion has changed, automobiles have made their appearance. And as he watches the women promenade down the chestnut-lined allées, the narrator wonders: “Where has Odette’s world gone? Has it vanished forever?” The answer of course will come much later, in Time Regained. This world still exists, but it does so in our memory, in our recollections, and what gives it new life, what rescues it from oblivion, is literary creation. It is the work of art that allows us to rediscover lost time.

Q: During a lecture you delivered at New York Law School, a student asked you what major you would recommend he select in order to become a lawyer. Your answer was quite surprising: you suggested that he choose “whatever major you want, as long as it has nothing to do with the law.” You, in fact, studied philosophy at Stanford and Oxford before studying the law at Harvard. How can the humanities or foreign languages be an asset for a jurist?

A: It’s true, I’ve always thought that it was not particularly useful to study law as an undergrad. We are only allowed to live one life: it’s the human condition, there’s no escaping it. In my view, only by studying the humanities can we hope to escape this fundamental limitation and understand how other people live. Because literature, history, or philosophy all provide extraordinary windows on the world. Foreign languages, too, are fundamental.

The French language gave me an entrée into another culture. It allowed me to discover different means of expression, a different way of life, different values, a different system of thought. Because when you’re a judge and you spend your whole day in front of a computer screen, it’s important to be able to imagine what other people’s lives might be like, lives that your decisions will affect. People who are not only different from you, but also very different from each other. So, yes, reading is a very good thing for a judge to do. Reading makes a judge capable of projecting himself into the lives of others, lives that have nothing in common with his own, even lives in completely different eras or cultures. And this empathy, this ability to envision the practical consequences on one’s contemporaries of a law or a legal decision, seems to me to a crucial quality in a judge.

… Literature is crucial to any democracy. Take the field of women’s rights, for instance. You have to read Mme de Lafayette’s La Princesse de Clèves to realize how narrow a range of opportunities were available even to a highborn young woman in the seventeenth century. They had a choice of either marriage or the convent. It only got worse in the nineteenth century, because along with the pressure of the church, there was the male stranglehold on all property rights. It’s evident in Balzac’s novels, for example. In Balzac, there are mainly two types of women: prostitutes and brebis, or ewes, who are all victims. Eugénie Grandet is a victim. Madame de Mortsauf, in Le Lys dans la vallée (The Lily of the Valley), is one too.

… Personally, I get a great deal of pleasure from writing. I take great satisfaction in drawing out the substance of matters that are separate and unrelated and giving them form on paper, through writing: that too is a creative process.

Q: In France, there is a very special prestige that attaches to being a president who is a “man of letters” or a “friend of the arts.” In the United States, the label of “man of letters” seems to be much less valued in the realm of politics. A presidential candidate or a sitting president is unlikely to express his or her literary tastes publicly, much less claim to be “cultivated.” How would you explain this difference between the two cultures?

SB: I think that Tocqueville can help us to understand that difference. He very rightly pointed out that there is a mistrust of elites in the United States. […] Now, in France, art and power have always been bound up together, whether under the monarchy or in a republic. You will not find the same proximity between the spheres of power and culture in the United States.

… [T]heater tickets—could they be considered basic necessities, and could they be regulated as such? The majority thought the theater was not a necessity. The great Justice Oliver Wendell Holmes Jr. replied in his dissent: “We have not that respect for art that is one of the glories of France. But to many people, the superfluous is the necessary.”

Q: You often emphasize the beneficial role of artistic creation for all of us.

A: To me, the distinguishing characteristic of human beings is the desire to create order out of chaos, to give form to the universe. We are surrounded by colors, shapes, and sounds. We can arrange all these things in an attractive and constructive manner, as in a painting or a symphony. And that is what Proust did with his writing. Of course, he was supremely talented—but I firmly believe that every one of us can, to some extent, try to establish order amid chaos.