The access of the digital information by the government for the purpose
of security is not a new or isolated phenomenon. As pointed-out in my
previous article on “
Who controls the Internet?”
it’s evident that the government has significant effect on the way that
the network-of-networks is shaped. In that sense the government already
has a control on the data to some extent. Direct access to the data is
of course debatable based on many factors, including the results of such
access.
Google, in its motion on September 5
th, 2013
has made it clear that it is rather foolish to think that the
information put online by the user is not accessed at all and kept
completely private.
Personal Information online is a concept that may lead to
contradicting connotations. If Personal Information is put online, then
the owner of the information is no more the individual but it lies with
the owner of the servers where the site is hosted and where this
information is stored. So, it may no more be called as Personal
Information but may be Server Information as that is what identifies the
server and becomes its attributes, e.g. a Facebook server is called so,
as it has the information of the users of Facebook. Hence
, once
the information is out of the hands of an individual, it is at the
discretion of the company that owns the data to use it as it wills.
Google, in its motion on September 5
th, 2013 has made it
clear that it is rather foolish to think that the information put online
by the user is not accessed at all and kept completely private. Google
scans all the emails to gather information on an individual’s online
activity. For example, if one is sending mail about pizza party,
googling about pizza varieties and also searching on Youtube for videos
about making pizzas then it is not at all a surprise that based on
location information the person gets advertisement about Pizza retails
outlet, or Pizza product selling shops. What should Google do if the
individual is doing the same with the keyword of “Bombs” or “Guns”?
The
Foreign Intelligence Surveillance Act of 1978 (FISA) spells
out the circumstances under which the government can eavesdrop for the
purpose of gathering foreign intelligence. Before Sep 11
th,
2011, Bush administration’s Justice Department approved a program that
may have relied on similar technology, but was far narrower in scope.
Post Sep 11
th the
USA PATRIOT Act was passed under
Bush’s Administration, primarily to include terrorism on behalf of
groups that are not specifically backed by a foreign government. Further
the
Protect America Act of 2007 removed the warrant requirement
for governmental surveillance of foreign intelligence targets. These
developments point out to two things; that the surveillance activity has
been present from a time longer than what we might know and that the
monitoring activity is born out of the requirement of battling terrorism
using all the available data. The best way to analyze the achievement
of this goal is to look at the
success of the whole program. It
is hard to determine this for mainly two reasons. A direct co-relation
between something that did not happen or maybe was prevented from
happening to the act of collecting public information can only be
established if it is attributed as such by either the ones who prevented
the event or those who handle the data. Such information directly in
the public domain can put the
further success of such a program
at risk as it is the discretion of the program that lead to its success
in the first place as argued further.
When the British government decided to build its own Big Brother
Database, there was a public debate. There was such high criticism that
the plan had to be dropped for good (the British government does still
have its counterpart of PRISM). United States, on the other hand had the
bill passed under different circumstances when the whole nation was and
still continues to live in the state of perpetual fear which is evident
in the surveys conducted on the citizens of America. In answer to the
question of whether “people should support their country even if the
country is in the wrong,” more Americans said “
Yes” than citizens
of eight European countries and when asked whether “right or wrong
should be a matter of personal conscience,” Americans came in
next-to-last. Above results were found in 2003 by the International
Social Survey Program. Further a debate of sorts on NSA’s
data-collection efforts was discouraged quoting the reason: “If you tell
our adversaries and enemies in the counter terrorism fight exactly how
we conduct business, they are not going to do business the same ever
again,”[SIC] by Mike Rogers, The Chairman of the House Intelligence
Committee.
There are several checks put by the government for gathering data. A
special court is designed to review the applications for surveillance,
which is composed of 11 U.S. District Court judges selected by the chief
justice of the U.S. Supreme Court. The downside is that this court has
been recently giving permissions for the collections of millions of
records and hence Verizon order sweeps up detailed information about
millions of Americans in a single order. Another argument put forth
against privacy infringement is that NSA collects only metadata of the
call with the idea that when a person dials a number or sends an email,
like the postal address which is visible to all, the dialed number or
the “
To” email is addressed is public and visible to all. Hence
there is not harm in collecting metadata and collecting the actual data
will be requiring a separate individual warrant. The counter; let us
assume that a newspaper correspondent publishes a controversial article
citing
Internal Sources. Using the metadata of as to whom the
correspondent was talking to over the phone, as to whom she has been
communicating over email, it can be very easily pin-pointed as to who
the
Internal Source is, which again would lead to the invasion of privacy.
Incidental data collection is also quoted where the purpose is to
actually collect the relevant information but in the process of reaching
that information one has to collect all the available data and then
sift through the data to gather the required information. Certainly the
call and online activity of every Verizon customer or those using email
etc… cannot be relevant to such investigations. It can instead be argued
that the agency is collecting massive amounts of information,
regardless of whether that information is relevant to national security.
These concerns find more strength when we hear of news such as the
confession, after multiple denials of Central Intelligence Agency (CIA)
of Snooping on MIT professor, Noam Chomsky. Bilateral relations with
other nations will also have to be looked into, as the Act extends on
the American soil and so to the Servers that lie on American soil. Other
countries like Australia are debating on whether to keep their Server
Information on American soil. If a company is using the cloud service of
an American company with servers hosted in America, then the data of
that company is potentially liable for the scrutiny. The only way to
overcome this problem is to build similar alternatives inside the
borders of a nation, be it for email or cloud or online shopping.
The NSA can retain the data for up to 5 years and make use of
“inadvertently acquired” domestic communications if they contain usable
intelligence, information on criminal activity, threat of harm to people
or property, are
encrypted, or are believed to contain any
information relevant to cyber security and the data that could
potentially contain anyone’s details. What this means is that if the
data is encrypted then US government can track, scrutinize and keep it
for analysis and to decipher it; if the data is not encrypted then
anyone can see it. Anything that goes over
https is encrypted, be
it our email or Facebook data which makes it eligible for collection,
and if unencrypted, any Tom-Dick-Harry can see what is being transferred
over the network. Sounds more like a chicken-egg problem.
What this means is that if the data is encrypted then US
government can track, scrutinize and keep it for analysis and to
decipher it; if the data is not encrypted then anyone can see it.
Is all the data really solving the problem or complicating it further
is a question that needs deeper analysis. As of October 2012, nearly
five million people held government security clearances to access
classified information out of which, 1.4 million held top-secret
clearances. More than a third of those with top-secret clearances are
contractors. Booz Allen Hamilton is the strategy and technology
consulting firm where Edward Snowden has worked which employs almost
25,000 people, 76% of whom have government clearances allowing them to
handle sensitive national security information. This is necessary as
analysis of such huge amount of data will definitely require massive
algorithms, computing facilities and workforce but then that gives
access to such sensitive information to a large set of people leading to
a different security concern.
So, should we be concerned at all or not is up to everyone to decide collectively?
The argument of “I am not a terrorist and so I have nothing to hide”
holds no ground. Benjamin Franklin warned of the siren’s call for power
by government officials when he observed that “those who would give up
essential liberty to purchase a little temporary safety deserve neither
liberty nor safety.” Moreover on reflection, among others, the main
concern seems to be about power, yes literally power. Where would they
get all the electricity to keep-alive such a large Data center which is
being built by contractors with top-secret clearances at Bluffdale that
sits in a bowl-shaped valley, in the shadow of Utah’s Wasatch Range to
the east and the Oquirrh Mountains to the west. Combined with it is the
requirement of the computational and algorithmic power? Would this
eventually turn out to be a failed project just like the previous
Trailblazer Project? Only time will decide.
References:
Shayana Kadidal (June 7, 2013),
Obama Administration Continues Bush’s Unconstitutional Policies, http://www.usnews.com/debate-club/should-americans-be-worried-about-the-national-security-agencys-data-collection/obama-administration-continues-bushs-unconstitutional-policies.
Jonathan Turley (June 7, 2013),
The Founding Fathers Rejected a System of Authoritarian Power,
http://www.usnews.com/debate-club/should-americans-be-worried-about-the-national-security-agencys-data-collection/the-founding-fathers-rejected-a-system-of-authoritarian-power.
Alberto Gonzales (June 7, 2013),
The Government Must Use All Available Technology to Protect Americans,
http://www.usnews.com/debate-club/should-americans-be-worried-about-the-national-security-agencys-data-collection/alberto-gonzales-the-government-must-use-all-available-technology-to-protect-americans.
John Yoo (June 7, 2013),
Government Data Collection Doesn’t Violate the Constitution,
http://www.usnews.com/debate-club/should-americans-be-worried-about-the-national-security-agencys-data-collection/john-yoo-government-data-collection-doesnt-violate-the-constitution.
Washington Wire (August 9, 2013),
NSA Data Debate: Glossary and Who’s Who, http://blogs.wsj.com/washwire/2013/08/09/nsa-data-debate-glossary-and-whos-who/.
Tom Gara (June 10, 2013),
Booz Allen’s Top-Secret Workforce, http://blogs.wsj.com/corporate-intelligence/2013/06/10/booz-allens-top-secret-workforce/.
Glenn Greenwald and James Ball (June 20, 2013),
The top secret rules that allow NSA to use US data without a warrant, http://www.theguardian.com/world/2013/jun/20/fisa-court-nsa-without-warrant.
Eyal Press (August 5, 2013),
Whistleblower, Leaker, Traitor, Spy, http://www.nybooks.com/blogs/nyrblog/2013/aug/05/whistleblower-leaker-traitor-spy/.
M.S. on Democracy in America (Jun 11, 2013),
Should the government know less than Google?, http://www.economist.com/blogs/democracyinamerica/2013/06/surveillance-0.
Kevin Drum (June 10, 2013),
Why the NSA Surveillance Program Isn’t Like “The Wire”, http://www.motherjones.com/kevin-drum/2013/06/nsa-debate-we-should-focus-future-not-present.
Mike Masnick (June 18, 2013),
Senator Lindsey Graham Defends NSA Surveillance By Arguing About Something Entirely Different,
http://www.techdirt.com/articles/20130617/01573323504/senator-lindsey-graham-defends-nsa-surveillance-arguing-about-something-entirely-different.shtml.
Andy Greenberg (June 20, 2013),
Leaked NSA Doc Says It Can Collect And Keep Your Encrypted Data As Long As It Takes To Crack It,
http://www.forbes.com/sites/andygreenberg/2013/06/20/leaked-nsa-doc-says-it-can-collect-and-keep-your-encrypted-data-as-long-as-it-takes-to-crack-it/.
Adam Bender (June 12, 2013),
PRISM revives data sovereignty arguments in Australia, http://www.computerworld.com.au/article/464445/prism_revives_data_sovereignty_arguments_australia/.
James Bamford (November 5, 2009),
Who’s in Big Brother’s Database?, http://www.nybooks.com/articles/archives/2009/nov/05/whos-in-big-brothers-database/.
Brad Bannon (June 6, 2013),
The Epitome of Executive Overreach, http://www.usnews.com/opinion/blogs/brad-bannon/2013/06/06/government-overreaches-with-verizon-phone-record-collecting.
Newzfirst (22 August, 2013),
NSA collected thousands of Americans’ emails, http://newzfirst.com/web/guest/full-story/-/asset_publisher/Qd8l/content/nsa-collected-thousands-of-americans-emails.
Wikipedia References:
- Foreign Intelligence Surveillance Act, http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act
- Patriot Act, http://en.wikipedia.org/wiki/USA_PATRIOT_Act
- Protect America Act of 2007, http://en.wikipedia.org/wiki/Protect_America_Act_of_2007
- Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, http://en.wikipedia.org/wiki/FISA_Amendments_Act_of_2008
- National Security Agency, http://en.wikipedia.org/wiki/National_Security_Agency
- PRISM (surveillance program), http://en.wikipedia.org/wiki/PRISM_%28surveillance_program%29