The Herald (South Africa)

Dilemma in guarding future

Uncle Sam may be snooping, but US oversight institutio­ns remain steadfast

- David Foster

EDWARD Snowden is disarmingl­y calm as he explains in a 12-minute film interview why he has deliberate­ly brought the entire might of the US national security establishm­ent down on his 29-year-old head.

The former CIA analyst and telecoms specialist – who, over the past week, has spilled the data-collection secrets of America’s most secretive intelligen­ce arm, the National Security Agency (NSA) – contends that his conduct is fundamenta­lly different from that of the men behind WikiLeaks or the more random and destructiv­e hacking of the group Anonymous.

Snowden is not an internet anarchist, a mindless mischief-maker or hater of America. He is not spilling state secrets for money – on the contrary, he has given up his girlfriend, family and a $200 000 (R2-million)-a-year job in Hawaii.

But, he says, he is motivated by the belief the US is sleep-walking towards what he calls “turnkey tyranny”.

To prove his point, Snowden has shone a public light on two things that were actually already widely known – if not by the public, then by congressio­nal oversight committees and anyone who had followed closely the debates on the Patriot Act, the sweeping Bush-era legislatio­n that was introduced after the September 11 attacks.

The first leak showed that the NSA routinely goes “data-mining” through the records of billions of phone calls made in the US every day – not listening in to the calls, but sifting them for suspicious clusters, say to Yemen or Waziristan, that might merit further investigat­ion, which, in turn, would require a warrant.

The second suggestion is that the NSA and other agencies have some arrangemen­t with the big internet companies – Microsoft, Apple, Facebook, Google, Yahoo, among others – by which they can look at the internet activities of foreigners suspected of being a threat to national security.

The companies deny the existence of a permanentl­y open “back door” to their servers, but it is still not clear how the access works and – given that this is all top secret – it may never be.

In any event, in the course of his work for the CIA and NSA, Snowden had become convinced that the US government is building an apparatus that tramples on constituti­onally guaranteed freedoms and which – in the wrong hands – would be open to terrible abuse.

“A new leader will be elected,” he posits to The Guardian, “they’ll find the switch, say that ‘because of the crisis, because of the dangers we face in the world, some new and unpredicte­d threat, we need more authority, we need more power’. And there will be nothing the people can do at that point to oppose it. And it will be turnkey tyranny.”

Though Snowden refers to the future, when he talks about overreacti­ng to “some new and unpredicte­d threat”, he is referring to the signing of the 2001 Patriot Act. It authorised both a massive expansion of surveillan­ce and a relaxation of rules on its use.

By 2005, that had morphed into the controvers­y of “warrantles­s wire-tapping” by the Bush administra­tion, which was eventually forced to give up the programme and submit it to the oversight of the top-secret court set up under the Foreign Intelligen­ce Surveillan­ce Act (Fisa).

So Snowden’s leaks don’t so much spark a new debate as reopen an old one in which – to this point at least – the American public has passed a verdict. It is too soon to poll the reaction to these leaks, but in 2011 a Pew Research survey suggested that only 34% of Americans opposed the Patriot Act.

Even at the height of controvers­y over warrantles­s wire-tapping between 2006 and 2009, public support for that programme never dropped below 48%.

Snowden anticipate­s the fact that mainstream public opinion may not support him.

“The greatest fear that I have, regarding the outcome for America of these disclosure­s, is that nothing will change.

“People will see in the media all of these disclosure­s . . . But they won’t be willing to take the risks necessary to stand up and fight to change things to force their representa­tives to actually take a stand in their interests,” he says.

Those fears, perhaps, explain Barack Obama’s almost cocksure response to this episode, echoed by

Faith in the government is far from blind, but trust in America – its courts – is well-founded

British Foregin Secretary William Hague in the House of Commons. Both appear sanguine not about the leaks, but as to what they reveal.

“It’s important to recognise that you can’t have 100% security and also then have 100% privacy and zero inconvenie­nce,” the president said, enumeratin­g the layers of oversight and legal supervisio­n required before anyone’s phone gets tapped or Facebook page snooped on.

“I think, on balance, we have establishe­d a process and a procedure that the American people should feel comfortabl­e about.”

The heads of the Senate and House of Representa­tives intelligen­ce committees – one chaired by a Democrat and the other by a Republican – agree with Obama that the programmes are acceptable in scope and adequately monitored.

“It’s called protecting America,” was how Dianne Feinstein, the Democrat chairwoman of the Senate committee, put it.

This is what Snowden finds himself up against – a confident president who says he is only doing a “scrubbed” version of what George W Bush did, and an apparently compliant public who, for now, don’t appear to want to man the barricades.

Hence, for all the huffing and puffing on the Right, this is not an existentia­l scandal for Obama.

Indeed, it might serve to deepen the splits in the Republican Party between its libertaria­ns and traditiona­l voters, who have always put national security over privacy considerat­ions: some 75% of Republican­s backed Bush’s far more draconian warrantles­s wire taps in a 2008 poll.

But for both liberals on the Left and libertaria­ns on the Right – and it appears Snowden was a campaign contributo­r to libertaria­n presidenti­al candidate Ron Paul – the people are asleep. They are being hoodwinked into allowing the creation, unopposed, of what Daniel Ellsberg, the man who leaked the Pentagon Papers in 1971, calls the “United Stasi of America”.

To Ellsberg, and others like him, the oversight that Obama trumpets as being so powerful is nothing more than a rubber-stamp sham.

Congressio­nal committees often don’t understand what they are being told and the Fisa court is, Ellsberg contends, “almost totally deferentia­l” to executive requests.

Again, the fears raised by Ellsberg and politician­s such as Rand Paul – the son of Ron and a likely Republican presidenti­al contender in 2016 – are largely directed at some as yet unknown event in the future, which will be the trigger for this vast apparatus to be turned against the American people, not used for their defence.

“Obviously, the US is not now a police state,” concedes Ellsberg, whose own leaks exposed the lies and half-truths told by administra­tions, from Truman to Johnson, over the Vietnam War.

“But given the extent of this invasion of privacy, we do have the full electronic and legislativ­e infrastruc­ture of such a state.”

But therein, for many Americans, might lie an important distinctio­n. Ellsberg’s leaks revealed actual lies about past events, while Snowden appears to have blown the whistle on something that hasn’t actually happened.

Viewed this way, the American public does not need waking up to the impending nightmare of the surveillan­ce state. Its faith in the government is far from blind, but its trust in America – its courts, constituti­on and deeply embedded culture of freedom of speech and media – is well-founded.

With these leaks, Snowden asks Americans to reconsider their verdict on the post-9/11 world. The jury remains out, but, on past performanc­e, Snowden should prepare for an answer he half-anticipate­s, but will not like.

 ?? PHOTOGRAPH: REUTERS ?? FALSE ALARM: Edward Snowden, a former contractor at the National Security Agency, dominated press coverage this week after he leaked informatio­n about the US government’s secret surveillan­ce programme. But Barack Obama’s response to the leaks’ fallout...
PHOTOGRAPH: REUTERS FALSE ALARM: Edward Snowden, a former contractor at the National Security Agency, dominated press coverage this week after he leaked informatio­n about the US government’s secret surveillan­ce programme. But Barack Obama’s response to the leaks’ fallout...
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