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The Rights of the People by David K. Shipler
affirmative action, airport security, computer age, facts on the ground, fudge factor, if you build it, they will come, illegal immigration, mandatory minimum, Mikhail Gorbachev, national security letter, Nelson Mandela, Panopticon Jeremy Bentham, RFID, risk tolerance, Ronald Reagan, Skype, Thomas L Friedman, union organizing, working poor, zero-sum game
The reason for the inaccurate FBI records was that the computer default for NSLs under the Electronic Communications Privacy and Right to Financial Privacy Acts was set to “non-U.S. person,” meaning that if no information was entered, the NSL’s target was recorded as a non-U.S. person. Twenty-six of 212 approvals found U.S. persons listed as non-U.S. persons. The default has since been changed to U.S. person. Office of Inspector General, A Review of the Federal Bureau of Investigation’s Use of National Security Letters, p. 35. 37. Executive Order 12333, § 2.4 of Dec. 4, 1981. 38. Patriot Act, § 358(g), amending the Fair Credit Reporting Act. 39. OIG report, National Security Letters, p. 113 n. 150. 40. OIG report, National Security Letters, p. 114 nn. 151, 152. 41. James Bamford, The Shadow Factory (New York: Doubleday, 2008), pp. 19–20. 42. “Summary of the White House Review of the December 25, 2009 Attempted Terrorist Attack,” White House, Jan. 8, 2010. 43. Lawrence Wright, “The Spymaster,” The New Yorker, Jan. 21, 2008, p. 55. 44.
An FBI request for information to help catch terrorists, and possibly foil a plot, would not strike most Americans as anything out of line, and certainly not something to litigate ponderously through the courts while the culprits might be preparing an attack. Such “exigent circumstances,” as they’re called by laws permitting shortcuts, excuse warrantless interventions in the face of imminent danger. The National Security Letter is such a tool, quickly and easily issued by the head agent of any FBI field office. But the FBI seemed in no hurry here. A full five months had passed since the suspicious e-mail had been sent. The National Security Letter addressed to Sutton was dated May 19, nearly two months before the FBI had gotten around to calling him. And not until ten days after that conversation had agents finally bothered to serve the letter on Christian. This was hardly being treated as an emergency, Christian observed, “so we weren’t worried that we were aiding and abetting some terrorist plot” by contesting the demand.
“We were plaintiffs, but we were treated like criminals,” remarked one of the members, Barbara Bailey, a library director in Glastonbury. Happily for democracy, censors are rarely perfect, and thanks to a chance episode of government sloppiness, more has been learned about this National Security Letter than any other. When papers were filed in the lawsuit, the plaintiff was disguised with the pseudonym “John Doe,” but when a list of pending cases was posted on the court’s Web site, the real name accidentally appeared, there to be found by an alert New York Times reporter as “Library Connection Inc. v. Attorney General.”8 Alone among the multitudes of National Security Letters served secretly on individuals and companies, therefore, this one jumped into view from the shadows of post-9/11 surveillance. Three months after the NSL was issued, federal judge Janet C. Hall rejected the government’s speculation that releasing the recipient’s name would harm national security investigations in the case.
The Future of the Internet: And How to Stop It by Jonathan Zittrain
A Declaration of the Independence of Cyberspace, Amazon Mechanical Turk, Andy Kessler, barriers to entry, book scanning, Brewster Kahle, Burning Man, c2.com, call centre, Cass Sunstein, citizen journalism, Clayton Christensen, clean water, commoditize, corporate governance, Daniel Kahneman / Amos Tversky, disruptive innovation, distributed generation, en.wikipedia.org, Firefox, game design, Hacker Ethic, Howard Rheingold, Hush-A-Phone, illegal immigration, index card, informal economy, Internet Archive, jimmy wales, John Markoff, license plate recognition, loose coupling, mail merge, national security letter, old-boy network, packet switching, peer-to-peer, post-materialism, pre–internet, price discrimination, profit maximization, Ralph Nader, RFC: Request For Comment, RFID, Richard Stallman, Richard Thaler, risk tolerance, Robert Bork, Robert X Cringely, SETI@home, Silicon Valley, Skype, slashdot, software patent, Steve Ballmer, Steve Jobs, Ted Nelson, Telecommunications Act of 1996, The Nature of the Firm, The Wisdom of Crowds, web application, wikimedia commons, zero-sum game
If the government has questions about the identity of a user of a particular Internet Protocol address, a national security letter could be used to match that address to a subscriber name. Under section 505 of the PATRIOT Act, national security letters do not need to meet the probable cause standard associated with a traditional warrant: the FBI merely needs to assert to the private recipients of such letters that the records are sought in connection with an investigation into international terrorism.55 Government officials have indicated that more than thirty thousand national security letters are issued per year.56 A recent internal FBI audit of 10 percent of the national security letters obtained since 2002 discovered more than a thousand potential violations of surveillance laws and agency rules.57 Recipients of FISA orders or national security letters may press challenges to be permitted to disclose to the public that they have received such mandates— just as an anonymous car manufacturer sued to prevent its onboard navigation system from being used to eavesdrop on the car’s occupants58—but there is no assurance that they will do so.
Roughly 1,700 applications to the secret Foreign Intelligence Surveillance Act (FISA) court were lodged in each of 2003 and 2004 seeking records of some kind. Only four were rejected each year. In 2005, 2,074 applications were made, with 2 rejections, and in 2006, 2,181 were made, with 5 rejections.51 Any custodians might also be served a national security letter concerning the production of so-called envelope information. These letters are written and executed without judicial oversight, and those who receive such letters can be prohibited by law from telling anyone that they received them.52 National security letters may be used to solicit information held by particular kinds of private parties, including the records of telephone companies, financial institutions (now including such entities as pawnshops and travel agencies), as well as ISPs.53 For ISPs, the sorts of information that can be sought this way are “subscriber information and toll billing records information, or electronic communication transactional records.”54 This envelope information is not thought to extend to the contents of e-mail but includes such things as the “to” and “from” fields of e-mail—or perhaps even the search engine queries made by a subscriber, since such queries are usually embedded in the URLs visited by that subscriber.
Dennis Hastert, Speaker, U.S. House of Repres. (Apr. 1, 2005), available at http://www.fas.org/irp/agency/doj/fisa/2004rept.pdf; Letter from William E. Moschella, Assistant Att’y Gen., to Nancy Pelosi, Speaker, U.S. House of Repres. (Apr. 27, 2007), available at http://www.fas.org/irp/agency/doj/fisa/2006rept.pdf; see also OFFICE OF THE INSPECTOR GEN., A REVIEW OF THE FEDERAL BUREAU OF INVESTIGATION’S USE OF NATIONAL SECURITY LETTERS (2007), available at http://www.usdoj.gov/oig/special/s0703b/final.pdf Some have suggested that the Justice Department may have misused the authority granted to it by FISA. See, e.g., Dan Eggen & Susan Schmidt, Secret Court RebuVs Ashcroft, WASH. POST, Aug. 23, 2002, at A01, available at http://www.washing-tonpost.com/ac2/wp-dyn/A51220-2002Aug22?language=printer; Carol D. Leonnig, Secret Court’s Judges Were Warned About NSA Spy Data, WASH.
Data and Goliath: The Hidden Battles to Collect Your Data and Control Your World by Bruce Schneier
23andMe, Airbnb, airport security, AltaVista, Anne Wojcicki, augmented reality, Benjamin Mako Hill, Black Swan, Boris Johnson, Brewster Kahle, Brian Krebs, call centre, Cass Sunstein, Chelsea Manning, citizen journalism, cloud computing, congestion charging, disintermediation, drone strike, Edward Snowden, experimental subject, failed state, fault tolerance, Ferguson, Missouri, Filter Bubble, Firefox, friendly fire, Google Chrome, Google Glasses, hindsight bias, informal economy, Internet Archive, Internet of things, Jacob Appelbaum, Jaron Lanier, John Markoff, Julian Assange, Kevin Kelly, license plate recognition, lifelogging, linked data, Lyft, Mark Zuckerberg, moral panic, Nash equilibrium, Nate Silver, national security letter, Network effects, Occupy movement, Panopticon Jeremy Bentham, payday loans, pre–internet, price discrimination, profit motive, race to the bottom, RAND corporation, recommendation engine, RFID, Ross Ulbricht, self-driving car, Shoshana Zuboff, Silicon Valley, Skype, smart cities, smart grid, Snapchat, social graph, software as a service, South China Sea, stealth mode startup, Steven Levy, Stuxnet, TaskRabbit, telemarketer, Tim Cook: Apple, transaction costs, Uber and Lyft, uber lyft, undersea cable, urban planning, WikiLeaks, zero day
The UK police won’t even admit: Joseph Cox (7 Aug 2014), “UK police won’t admit they’re tracking people’s phone calls,” Vice, http://motherboard.vice.com/read/uk-police-wont-admit-theyre-tracking-peoples-phone-calls. Those who receive such a letter: This is a fascinating first-person account of what it’s like to receive a National Security Letter. It was published anonymously, but was later revealed to be the work of Internet Archive founder Brewster Kahle. Anonymous (23 Mar 2007), “My National Security Letter gag order,” Washington Post, http://www.washingtonpost.com/wp-dyn/content/article/2007/03/22/AR2007032201882.html. the reason the FBI: Kim Zetter (3 Mar 2014), “Florida cops’ secret weapon: Warrantless cellphone tracking,” Wired, http://www.wired.com/2014/03/stingray. Kim Zetter (4 Mar 2014), “Police contract with spy tool maker prohibits talking about device’s use,” Wired, http://www.wired.com/2014/03/harris-stingray-nda.
That said, unlike NSA surveillance, FBI surveillance is traditionally conducted with judicial oversight, through the warrant process. Under the Fourth Amendment to the US Constitution, the government must demonstrate to a judge that a search might reasonably reveal evidence of a crime. However, the FBI has the authority to collect, without a warrant, all sorts of personal information, either targeted or in bulk through the use of National Security Letters (NSLs). These are basically administrative subpoenas, issued by the FBI with no judicial oversight. They were greatly expanded in scope in 2001 under the USA PATRIOT Act (Section 505), although the initial legal basis for these letters originated in 1978. Today, NSLs are generally used to obtain data from third parties: email from Google, banking records from financial institutions, files from Dropbox.
Much government control of corporate communications infrastructure occurs in secret, and we only hear about it occasionally. Lavabit was an e-mail service that offered more security privacy than the large corporate e-mail services most of us use. It was a small company, owned and operated by a programmer named Ladar Levison, and it was popular among the tech-savvy. It had half a million users, Edward Snowden amongst them. Soon after Snowden fled to Hong Kong in 2013, Levison received a National Security Letter demanding that the company turn over the master encryption key that protected all of Lavabit’s users—and then not tell any of its customers that they could be monitored. Levison fought this order in court, and when it became clear that he had lost, he shut down his service rather than deceive and compromise his customers. The moral is clear. If you run a business, and the FBI or the NSA wants to turn it into a mass surveillance tool, it believes that it is entitled to do so, solely on its own authority.
Dark Territory: The Secret History of Cyber War by Fred Kaplan
Cass Sunstein, computer age, data acquisition, drone strike, dumpster diving, Edward Snowden, game design, hiring and firing, index card, Internet of things, Jacob Appelbaum, John Markoff, John von Neumann, kremlinology, Mikhail Gorbachev, millennium bug, national security letter, packet switching, pre–internet, RAND corporation, Ronald Reagan, Silicon Valley, Skype, Stuxnet, uranium enrichment, Y2K, zero day
This fact had been another source of surprise: given their disparate backgrounds and beliefs, the members had expected to be at each other’s throats routinely. From early on, though, the atmosphere was harmonious. This camaraderie took hold on the second day of their work when the five went to the J. Edgar Hoover Building—FBI headquarters—in downtown Washington. The group’s staff had requested detailed briefings on the bureau’s relationship with the NSA and on its own version of metadata collection, known as National Security Letters, which, under Section 505 of the Patriot Act, allowed access to Americans’ phone records and other transactions that were deemed “relevant” to investigations into terrorism or clandestine intelligence activities. Unlike the NSA’s metadata program, the FBI’s had no restrictions at all: the letters required no court order; any field officer could issue one, with the director’s authorization; and the recipients of a letter were prohibited from ever revealing that they’d received it.
When the five arrived at the bureau’s headquarters, they were met not by the director, nor by his deputy, but by the third-ranking official, who took leave after escorting them to a conference room, where twenty FBI officials sat around a table, prepared to drone through canned presentations, describing their jobs, one by one, for the hour that the group had been allotted. Ten minutes into this dog-and-pony show, Clarke asked about the briefings that they’d requested. Specifically, he wanted to know how many National Security Letters the FBI issued each year and how the bureau measured their effectiveness. One of the officials responded that only the regional bureaus had those numbers, no one had collated them nationally; and no one had devised any measure of effectiveness. The canned briefings resumed, but after a few more minutes, Clarke stood up and exclaimed, “This is bullshit. We’re out of here.” He walked out of the room; the other four sheepishly followed, while the FBI officials sat in shock.
One of the key recommendations grew out of the group’s conversation with General Alexander: all metadata should be removed from Fort Meade and held by the private telecom companies or some other third party, with the NSA allowed access only through a FISA Court order. The group was particularly firm on this point. Even Mike Morell had come to view this recommendation as the report’s centerpiece: if the president rejected it, he felt, the whole exercise will have been pointless. Another proposal was to bar the FBI from issuing National Security Letters without a FISA Court order and, in any case, letting recipients disclose that they’d received such a letter after 180 days, unless a judge extended the term of secrecy for specific national security reasons. The point of both recommendations was, as the report put it, to “reduce the risk, both actual and perceived, of government abuse.” The group also wrote that the FISA Court should include a public interest advocate, that NSA directors should be confirmed by the Senate, that they should not take on the additional post of U.S. cyber commander (on the grounds that dual-heading CyberCom and the NSA gave too much power to one person), and that the Information Assurance Directorate—the cyber security side of Fort Meade—should be split off from the NSA and turned into a separate agency of the Defense Department.
Three Felonies A Day by Harvey Silverglate
Berlin Wall, Home mortgage interest deduction, illegal immigration, Julian Assange, mandatory minimum, medical malpractice, mortgage tax deduction, national security letter, offshore financial centre, Potemkin village, RAND corporation, Ronald Reagan, short selling, Silicon Valley, Steve Jobs, Steven Pinker, technology bubble, urban planning, WikiLeaks
If federal prosecutors had no compunction against threatening the leaders of the nation’s leading organization of lawyers, then surely there could be few areas where they would be modest about their ability to indict, and convict, the proverbial ham sandwich. 186 Lawyers: Government Offense Against the Best Defense Amorphous powers granted to, or simply assumed by, the executive branch in fighting the war on terror have provided additional areas for prosecutors to seek to intimidate members of the bar. In the summer of 2005, the American Civil Liberties Union (ACLU) found itself embroiled in a lawsuit it brought against the federal government, seeking to have the federal court in Connecticut invalidate a strict gag provision contained in the so-called “National Security Letters” (NSL) section of the USA Patriot Act, enacted after the terrorist attacks of September 11, 2001. National Security Letters are documents delivered to some institution or repository of records or accounts—a bank or a library, for example—by federal law enforcement agencies, seeking access to information about customers, clients, book borrowers and such. They differ from traditional search warrants because they issue upon the authority of the Department of Justice, rather than a federal court.
For example, some documents might be redacted by deleting the names of individuals, either 28. 308 endnotes to protect their privacy or to refrain from notifying them that they are under surveillance or investigation. Other documents might be redacted in order to protect the identity of informants or undercover operatives. Memorandum “To: All ACLU, ACLU Foundation and ACLU Affiliate Staff ” from Ann Beeson, dated August 26, 2005, “re: URGENT: Restrictions on Information Regarding ACLU v. Gonzales, Our Legal Challenge to the National Security Letter Issued to an Organization with Library Records.” 29. Chapter Seven: 1. Meghan Martin & Larry Larsen, “A Guide to Journalist Shield Laws,” Poynter Online, available at http://www.poynterextra.org/shieldlaw/states.htm (accessed June 5, 2008). Portions of the discussion of the Jared Paul Stern case have appeared previously in Harvey A. Silverglate, “Sleazy? Yes. Criminal? Probably not,” The Boston Phoenix, April 12, 2006. 2. 3.
., 28 credibility judgements, by juries, 72 Credit Suisse First Boston (CSFB), 106–110, 112 crimes by analogy, 26 criminal defense attorneys, as civil liberties lawyers, 269–270 criminal forfeiture allegation, 66 criminal law, keeping pace with new developments, xxvi–xxviii criminal obstruction of justice Arthur Anderson and, 137 Stewart, Martha, and, 116, 120 three felonies a day “Criminal Penalties for Altering Documents,” 161 criminal vs. civil prosecution, xliii–xliv Critical Art Ensemble (CAE), 233–234, 236 Crovitz, Gordon, 101–102 CSA (Controlled Substances Act), 47, 56, 59–62 CSFB (Credit Suisse First Boston), 106–110, 112 CTR (Cash Transaction Report), 19–21, 26 culpable state of mind, xxxv Curley, James Michael, 43 Dalglish, Lucy, 210 data-mining, 212 “date-rape” drug, 63 Day, Samuel, Jr., 205 DEA (Drug Enforcement Administration), 46–47, 49, 51–53 323 attacks on social and professional relationships, 265 Cintolo and, 166–181 Councilman and, 257–264 disclosure of confidential sources and, 207–212 espionage and, xiv, 202, 219 First Amendment and, 204 KPMG and, 138–152 Milken and, 98–102 Muntasser and, 240–247 National Securities Letters and, 186–187 national security and, 224–232 options backdating and, xix–xxi Pentagon Papers and, 197–201 Pfeiffer and, 215 “Principles of Federal Prosecution of Business Organizations,” 144 Quattrone and, 106–114 Rosen and Weissman and, 248–253 selective prosecution by, 28–29 Stewart, Martha, and, 114–121 debarment, 80, 89 Department of State, 215, 225 defense information, publication of, 202–207 dependence, drug, 49, 52 deferred prosecution agreement, KPMG, 146–147, 152 Dershowitz, Alan, xliv, 103, 227, 267, 269 DeGiorgio, Domenick, 150 destruction of contraband, 159–166 Delgado, Renan, 8 destruction of documents.
Consent of the Networked: The Worldwide Struggle for Internet Freedom by Rebecca MacKinnon
A Declaration of the Independence of Cyberspace, Bay Area Rapid Transit, Berlin Wall, business cycle, business intelligence, Cass Sunstein, Chelsea Manning, citizen journalism, cloud computing, cognitive dissonance, collective bargaining, conceptual framework, corporate social responsibility, Deng Xiaoping, digital Maoism, don't be evil, Filter Bubble, Firefox, future of journalism, illegal immigration, Jaron Lanier, Jeff Bezos, John Markoff, Joi Ito, Julian Assange, Mark Zuckerberg, Mikhail Gorbachev, MITM: man-in-the-middle, national security letter, online collectivism, Panopticon Jeremy Bentham, Parag Khanna, pre–internet, race to the bottom, Richard Stallman, Ronald Reagan, sharing economy, Silicon Valley, Silicon Valley startup, Skype, Steve Crocker, Steven Levy, WikiLeaks
Giving police the right to install surveillance devices in the homes of all citizens would no doubt be very helpful in catching criminals too, but there are good reasons that is not permitted without probable cause. It is alarming that the Department of Justice suspends its concern for citizens’ privacy and civil liberties when it comes to their digital lives. Though the US government is required by law to document publicly its wiretapping of phone lines, as of mid-2011 it was not required to do so with Internet communications. Furthermore, until 2009, companies complying with National Security Letters (NSL)—a kind of administrative demand letter requiring no probable cause or judicial oversight—were barred by a provision of the Patriot Act from informing customers about the existence of the NSL requests. The constitutional challenge to this gag provision was not mounted by any of the large brand-name Internet and telecommunications companies, which are believed to have received hundreds of thousands of these secret letters over the past decade.
In January 2011, the Electronic Frontier Foundation (EFF) published a report concluding that, based on its analysis of FBI documents related to investigations from 2001 to 2008, “intelligence investigations have compromised the civil liberties of American citizens far more frequently, and to a greater extent, than was previously assumed.” The EFF estimated that based on analysis of documents it obtained through Freedom of Information Act requests, as many as 40,000 violations of law may have occurred during that period. Judicial and congressional oversight of FBI intelligence investigations was found to be “ineffectual.” Furthermore, the EFF found that in nearly half of cases in which the FBI abused the use of National Security Letters requesting information, phone companies, Internet service providers, financial institutions, and credit agencies “contributed in some way to the FBI’s unauthorized receipt of personal information.” For Americans seeking to change existing laws that they believe are wrong, ill-advised, or unfair, or for anybody who happens to be engaged in dissent, activism, or whistle-blowing that powerful people would like to prevent or contain, such a situation is chilling.
Krumholtz, Jack Kurtzman, Daniel Kyaboon La Quadrature du Net La Rue, Frank Lanier, Jaron Lantos, Tom Law Enforcement Work Party, Council of European Union Lawful intercept systems Lazaridis, Mike Leahy, Patrick Lee Myung-bak Lessig, Lawrence Level 3 Communications Levellers Li, Robin Libya, government shutdown of Internet service in Lieberman, Joseph Linux Liu Xiaobo LiveJournal Locke, John Lookout Lugar, Richard Madison, James Maduna, Taurai Magna Carta Makau, Tom Manning, Bradley Marx, Karl The Master Switch: The Rise and Fall of Information Empires (Wu) MasterCard McMahon, Mike McNamee, Joe Medvedev, Dmitry Merrill, Nick Mertha, Andrew Mesh networks MetroPCS Microsoft agreement to China’s censorship criteria Global Network Initiative (GNI) and lobby to update ECPA protection of human rights activists by Min Jiang Minerva (Park Dae-Sung) Mobile Active Mobile phones Android censorship and surveillance of iPhone mesh networks Mobile Active security and Tor Moglen, Eben Morozov, Evgeny Mozilla MSN Spaces Mubarak, Hosni Mubarak, Suzanne Mueller, Milton Mullenweg, Matt Munk Center, University of Toronto NARAL Pro-Choice America Narus Nashi National Religious Broadcasters National Security Letters (NSL), unconstitutionality of Navalny, Alexey Nawaat The Net Delusion (Morozov) Net neutrality abuse of arguments against Federal Communications Commission rules on laws promoting mobile access and in US Netflix Netherlands, net neutrality law in “Netizenship” Networked authoritarianism in Bahrain in China defined in Iran in Syria in Tunisia Networks and States (Mueller) Netzpolitik New America Foundation New York Times on dajaz1.com website shutdown on illegal warrantless wiretapping on Microsoft censorship in China op-ed piece by Bono in on PROTECT IP bill on Russian raids on activist groups on Twitter’s refusal to provide account information New York Times “Bits” blog, on user feedback for Facebook Newseum Nike 1984 (Orwell) Nokia-Siemens Networks Noman, Helmi Noss, Eliot Nye, Joseph Obama, Barack OECD (Organisation for Economic Co-operation and Development) The Offensive Internet (Levmore and Nussbaum, eds.)
Dark Mirror: Edward Snowden and the Surveillance State by Barton Gellman
4chan, A Declaration of the Independence of Cyberspace, active measures, Anton Chekhov, bitcoin, Cass Sunstein, cloud computing, corporate governance, crowdsourcing, data acquisition, Debian, desegregation, Donald Trump, Edward Snowden, financial independence, Firefox, GnuPG, Google Hangouts, informal economy, Jacob Appelbaum, job automation, Julian Assange, MITM: man-in-the-middle, national security letter, planetary scale, private military company, ransomware, Robert Gordon, Robert Hanssen: Double agent, rolodex, Ronald Reagan, Saturday Night Live, Silicon Valley, Skype, social graph, standardized shipping container, Steven Levy, telepresence, undersea cable, web of trust, WikiLeaks, zero day, Zimmermann PGP
I thought it better suited a litigator than a news reporter to fix his attention on facts that fit his argument. My main argument with Verax had to do with the life cycle of information in public debate. Greenwald disdained my tribe of mainstreamers, but how did he think he discovered the sins he took up arms to denounce? Where had he learned about torture, secret prisons, domestic surveillance, abuse of national security letters, or the ground truth about weapons of mass destruction in Iraq? Most of those stories first came to light, and all were considerably advanced, in my journalistic neighborhood. There were other essential players, for sure. Nongovernment organizations like the International Committee of the Red Cross (and the New York Review of Books, which obtained the ICRC’s confidential report) uncovered hard facts about conditions at Guantánamo Bay.
Verax got the message. But that was then. Minor league. What proof did I have, he asked, that I was prepared to stand up to government pressure now? It felt like a job interview, but fine. So there was this book I wrote about Dick Cheney, which told stories the former vice president tried to conceal, and he went on television to express his contempt for my work. I did a long piece about the FBI’s use of national security letters to sweep in hundreds of thousands of records of Americans who were not suspected of wrongdoing. The Justice Department wrote, and then had to retract, a ten-page letter to Congress accusing me of willful “distortions and falsehoods.” Two years before that, the CIA had mounted a fierce campaign to discredit my reporting on the hunt for Iraqi weapons of mass destruction. David Kay, who put his name on that attack, told me matter-of-factly three years later that he knew at the time the story in question was true.
The latter, I thought, might have allowed the invocation of counterintelligence tools, including secret physical and electronic searches under the Foreign Intelligence Surveillance Act. It was impossible to know for sure, because the Justice Department’s policy on these things was itself classified. After a FOIA lawsuit, the FBI was obliged to release a redacted copy of its Domestic Investigations and Operations Guide. The section called “National Security Letters for Telephone Toll Records of Members of the News Media or News Organizations” was entirely blacked out, as were several pages on use of secret FISA warrants against reporters. The Intercept later published a leaked copy of the classified Appendix G from the fall of 2013. It said the FBI could use secret administrative subpoenas “to identify confidential news media sources” with approval from the bureau’s general counsel, an executive assistant director, and the assistant attorney general in charge of the Justice Department’s national security division.
Nothing to Hide: The False Tradeoff Between Privacy and Security by Daniel J. Solove
Albert Einstein, cloud computing, Columbine, hindsight bias, illegal immigration, invention of the telephone, Marshall McLuhan, national security letter, security theater, the medium is the message, traffic fines, urban planning
Also embedded in the definition of pen registers was the language (added by the Patriot Act) that the information they obtain “shall not include the contents of any communication.”15 If IP addresses and URLs contain content information, then they’re not covered by the Pen Register Act. But that’s the very issue that the expanded definition of a pen register was supposed to resolve! In the end, the Patriot Act just begged the question. Section 215 of the Patriot Act and National Security Letters One of the most criticized parts of the Patriot Act is Section 215, which states: The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.16 This part of the law raised considerable alarm, especially since it listed “books” and “papers.”
Congress later enacted a restriction that Section 215 not be used to obtain library records for books (but allowed it for information about computer use).17 Section 215 is problematic, but like much of the Patriot Act, it isn’t all that new. Many similar kinds of provisions already existed in electronic-surveillance law prior to the act. Before the Patriot Act, several federal laws permitted National Security Letters (NSLs), which function very similarly to Section 215.18 The recipient of an NSL must turn over various records and data pertaining to individuals. NSLs don’t require probable cause, a warrant, or even judicial oversight. Compliance is mandatory. According to one estimate, the FBI issues about thirty thousand NSLs per year.19 Getting rid of the Patriot Act will only eliminate Section 215; it won’t get rid of NSLs.
Ohio, 9, 136–38, 144 Matias, Maria, 74–75 May, Clifford, 125 Mayfield, Brandon, 78–79 McCarthy, Andrew, 62 McCarthyism, 59, 61 McLuhan, Marshall, 160, 230n11 McVeigh, Timothy, 65, 187 media, 68, 85, 127, 149, 184 Melville, Herman, Billy Budd, 57–58, 60, 62, 219nn9–10 metal detectors, 123 Middle Ages, 5 Minority Report (film), 202 mission creep, 181 Mitchell, John, 218n10 MobileMe, 106 Moore, Michael, 155 Mueller, John, 43 Muslims, 78–79, 186, 187, 195, 197 rights and, 91–152; definition of, 64–66; law on, in times of crisis, 53–90; misuse of, 66–70; NSA surveillance program, 33, 81–90; pendulum argument, 55–61; regulation of government surveillance for, 9–13, 36–40; war-powers argument and rule of law, 81–90. See also security; specific government organizations National Security Act (1947), 8 National Security Agency (NSA), 1, 3, 8, 12, 95; creation of, 8, 81; surveillance program, 33, 81–90 National Security Letters (NSLs), 163 new technology, 17–18, 95, 96, 98, 102, 153–205; biometric identification, 199–205; data mining, 182–98; law and, 153–205; law-and-technology problem and leave-it-to-the-legislature argument, 164–73; video surveillance and no-privacy-in-public argument, 174–81. See also specific technologies New York City, 38, 137, 140; colonial, 147; September 11 attacks, 11–12, 38; subway search program, 38–39, 44–45 New York Times, 67, 81, 104, 184, 218n10 9/11 Commission Report, 79 Nixon, Richard, 10, 63; abuses of surveillance, 10, 63–64 no-privacy-in-public argument, 174–81 North Briton, The, 147–48 nothing-to-hide argument, 21–32; injury and, 29–31; problem with, 26–29; silencing, 31–32; understanding privacy and, 24–26 nuclear weapons, 34, 43 national security, 7–8, 62–70; argument, 62–70; Cold War, 7–8; constitutional Office of Strategic Services (OSS), 8 Ohm, Paul, 226n24 12–13, 36–40, 51–52, 81–90, 156–81; rule of, 40, 81–90; suspicionlesssearches argument, 123–33; third party doctrine, 102–110 law-and-technology problem, 164–73; solving, 170–73 leave-it-to-the-legislature argument, 164–73 library records, 163 Lincoln, Abraham, 58 London, 147, 148, 174; subway bombing, 38, 180 Luddite argument, 199–205 Lyle, Roy, 97–98 241 Index Oklahoma City bombing, 65, 187 Olmstead, Roy, 97–98 Olmstead v.
Terms of Service: Social Media and the Price of Constant Connection by Jacob Silverman
23andMe, 4chan, A Declaration of the Independence of Cyberspace, Airbnb, airport security, Amazon Mechanical Turk, augmented reality, basic income, Brian Krebs, California gold rush, call centre, cloud computing, cognitive dissonance, commoditize, correlation does not imply causation, Credit Default Swap, crowdsourcing, don't be evil, drone strike, Edward Snowden, feminist movement, Filter Bubble, Firefox, Flash crash, game design, global village, Google Chrome, Google Glasses, hive mind, income inequality, informal economy, information retrieval, Internet of things, Jaron Lanier, jimmy wales, Kevin Kelly, Kickstarter, knowledge economy, knowledge worker, late capitalism, license plate recognition, life extension, lifelogging, Lyft, Mark Zuckerberg, Mars Rover, Marshall McLuhan, mass incarceration, meta analysis, meta-analysis, Minecraft, move fast and break things, move fast and break things, national security letter, Network effects, new economy, Nicholas Carr, Occupy movement, optical character recognition, payday loans, Peter Thiel, postindustrial economy, prediction markets, pre–internet, price discrimination, price stability, profit motive, quantitative hedge fund, race to the bottom, Ray Kurzweil, recommendation engine, rent control, RFID, ride hailing / ride sharing, self-driving car, sentiment analysis, shareholder value, sharing economy, Silicon Valley, Silicon Valley ideology, Snapchat, social graph, social intelligence, social web, sorting algorithm, Steve Ballmer, Steve Jobs, Steven Levy, TaskRabbit, technoutopianism, telemarketer, transportation-network company, Travis Kalanick, Turing test, Uber and Lyft, Uber for X, uber lyft, universal basic income, unpaid internship, women in the workforce, Y Combinator, Zipcar
Some of the NSA’s surveillance capacity derives from deals made with Internet firms—procedures for automating court-authorized information retrieval, direct access to central servers, and even (as in the case of Verizon) fiber optic cables piped from military bases into major Internet hubs. In the United States, the NSA uses the FBI to conduct surveillance authorized under the Patriot Act and to issue National Security Letters (NSLs)—subpoenas requiring recipients to turn over any information deemed relevant to an ongoing investigation. NSLs often come with gag orders preventing the recipient, such as an e-mail provider, from disclosing to anyone that they have been subpoenaed. The NSA and its partners in the Five Eyes—five English-speaking countries (USA, Canada, the United Kingdom, Australia, and New Zealand) that have agreed not to spy on one another—also hack into computer systems around the world, those of everyone from civilians to terrorists to heads of state to major cloud-storage systems and Internet backbones, the links between the major networks powering the Internet.
See also sentiment analysis Moran, Robert, 191 Morozov, Evgeny, 4–5, 84, 322 Moves fitness app, 305–6 mugshot Web sites, 207–9, 210–11, 213–14, 217 multitasking, 51–52 Mun, Sang, 358 MyEx.com, 210 Myspace, 9 Nambikwara tribe, Brazil, 167–68, 356 narcissism of the social media experience, 61–62 National Reconnaissance Office spy satellite, 314 National Science Foundation (NSF), 279 National Security Agency (NSA), 129–32, 312, 314 National Security Letters (NSLs), 130 NEC, 299, 301 negative sentiments and sharing, 24, 31, 203–4, 305 Negri, Toni, 264 networked privacy model, 291–92 network effects, 13–14, 47, 272–73, 275–76, 295, 327 news consumers’ culpability, 109 news organizations algorithms rating news outlet importance, 84–85 and audience metrics, 101–2, 103 and embeddable media, 259–60 firehose approach to news, 112 as invasion of privacy, 288 memes from local newscasts, 69–72 presidential press conferences, 105 pushing articles selectively, 98 social media/viral editor, 122–23 trawling social media, 113 trending articles as premium journalism, 101 See also BuzzFeed; journalism New Times newspaper, 67–68 New York City and Uber, 237 New York Comic Con 2013, 34 New York Post, 113 New York Times Magazine, 75 Nike, 139 Niquille, Simone C., 356–57 Nissenbaum, Helen, 284, 297 notifications and alerts, 50–53, 214 NSA (National Security Agency), 129–32, 312, 314 NSF (National Science Foundation), 279 NSLs (National Security Letters), 130 Obama, Barack, 134, 169, 194 “Obama Is Wrong” (Hayes), 105–6 ObscuraCam, 357 Occupy movement, 136–37 OCR (optical character recognition) software, 260, 358 O’Donnell, Robert, 152 Office Max, 279–80 OkCupid, 204 Old Spice advertising campaign, 93–94 Omidyar, Pierre, 239 online persona, 344–45 online recommendations, 201–2 online reputation.
See also sentiment analysis Moran, Robert, 191 Morozov, Evgeny, 4–5, 84, 322 Moves fitness app, 305–6 mugshot Web sites, 207–9, 210–11, 213–14, 217 multitasking, 51–52 Mun, Sang, 358 MyEx.com, 210 Myspace, 9 Nambikwara tribe, Brazil, 167–68, 356 narcissism of the social media experience, 61–62 National Reconnaissance Office spy satellite, 314 National Science Foundation (NSF), 279 National Security Agency (NSA), 129–32, 312, 314 National Security Letters (NSLs), 130 NEC, 299, 301 negative sentiments and sharing, 24, 31, 203–4, 305 Negri, Toni, 264 networked privacy model, 291–92 network effects, 13–14, 47, 272–73, 275–76, 295, 327 news consumers’ culpability, 109 news organizations algorithms rating news outlet importance, 84–85 and audience metrics, 101–2, 103 and embeddable media, 259–60 firehose approach to news, 112 as invasion of privacy, 288 memes from local newscasts, 69–72 presidential press conferences, 105 pushing articles selectively, 98 social media/viral editor, 122–23 trawling social media, 113 trending articles as premium journalism, 101 See also BuzzFeed; journalism New Times newspaper, 67–68 New York City and Uber, 237 New York Comic Con 2013, 34 New York Post, 113 New York Times Magazine, 75 Nike, 139 Niquille, Simone C., 356–57 Nissenbaum, Helen, 284, 297 notifications and alerts, 50–53, 214 NSA (National Security Agency), 129–32, 312, 314 NSF (National Science Foundation), 279 NSLs (National Security Letters), 130 Obama, Barack, 134, 169, 194 “Obama Is Wrong” (Hayes), 105–6 ObscuraCam, 357 Occupy movement, 136–37 OCR (optical character recognition) software, 260, 358 O’Donnell, Robert, 152 Office Max, 279–80 OkCupid, 204 Old Spice advertising campaign, 93–94 Omidyar, Pierre, 239 online persona, 344–45 online recommendations, 201–2 online reputation. See reputation On the Media radio program, 109 Open Graph, 11–12 opting out of advertising-based social networks, 275–77 cost of, 295 difficulty finding option for, 32, 33 of friends adding you to a group, 92 of Google Shared Endorsements, 33 of including your location in messages, 177 of Klout, 195 opt-in vs., 7–8 of social media, 272, 340–41, 342, 346, 347 oral storytelling, 62, 63 Oremus, Will, 106–7, 265 outing students via privacy faux pas, 286 ownership of your identity, 256–57, 273–74, 275–77, 311, 360 Page, Larry, 250 page views overview, 95–96, 98 and advertising dollars, 71, 93, 97 Facebook-ready content for generating, 115 and invented controversy, 107 meme-related, 84, 103–4, 105 new outlets’ boosting of, 122–23 Palihapitiya, Chamath, 249 Pandora, 303 paparazzos, 211–12 parents, scrapbooking about their children, 46, 55–60 Pariser, Eli, 122 Paris, France, 267, 268 Patriot Act, 130 pay-per-gaze advertising, 302 Peers, 238–39, 244 peer-to-peer social networks, 311 Peretti, Jonah, 114–15 personal care, 224 personal endorsements, 31–35 personal graph, 18–19 Persson, Markus, 164–65 Pezold, John, 187 PGP, 368–69 PHD, 304 PhoneID Score, TeleSign, 40 phones.
Digital Disconnect: How Capitalism Is Turning the Internet Against Democracy by Robert W. McChesney
2013 Report for America's Infrastructure - American Society of Civil Engineers - 19 March 2013, access to a mobile phone, Albert Einstein, American Legislative Exchange Council, American Society of Civil Engineers: Report Card, Automated Insights, barriers to entry, Berlin Wall, business cycle, Cass Sunstein, citizen journalism, cloud computing, collaborative consumption, collective bargaining, creative destruction, crony capitalism, David Brooks, death of newspapers, declining real wages, Double Irish / Dutch Sandwich, Erik Brynjolfsson, failed state, Filter Bubble, full employment, future of journalism, George Gilder, Gini coefficient, Google Earth, income inequality, informal economy, intangible asset, invention of agriculture, invisible hand, Jaron Lanier, Jeff Bezos, jimmy wales, John Markoff, John Maynard Keynes: Economic Possibilities for our Grandchildren, Joseph Schumpeter, Julian Assange, Kickstarter, Mark Zuckerberg, Marshall McLuhan, means of production, Metcalfe’s law, mutually assured destruction, national security letter, Nelson Mandela, Network effects, new economy, New Journalism, Nicholas Carr, Occupy movement, offshore financial centre, patent troll, Peter Thiel, plutocrats, Plutocrats, post scarcity, price mechanism, profit maximization, profit motive, QWERTY keyboard, Ralph Nader, Richard Stallman, road to serfdom, Robert Metcalfe, Saturday Night Live, sentiment analysis, Silicon Valley, single-payer health, Skype, spectrum auction, Steve Jobs, Steve Wozniak, Steven Levy, Steven Pinker, Stewart Brand, Telecommunications Act of 1996, the medium is the message, The Spirit Level, The Structural Transformation of the Public Sphere, The Wealth of Nations by Adam Smith, Thorstein Veblen, too big to fail, transfer pricing, Upton Sinclair, WikiLeaks, winner-take-all economy, yellow journalism
AT&T handles seven hundred requests per day, and, like the other cell companies, is compensated for its assistance.236 AT&T now has one hundred full-time employees whose job is to review and respond to law enforcement requests; Verizon has seventy.237 With this explosion in easy access to mobile phones, traditional wiretapping—with its more “stringent legal standards,” which might actually protect a citizen’s constitutional rights—has sharply declined. There were only 2,732 nationwide in 2011, a 14 percent drop from 2010. The New York Times, to its credit, editorialized against the cell phone spying, wondering if privacy even continues to exist.238 Since September 11, 2001, when it comes to spying on Americans, the Federal Bureau of Investigation has increasingly turned to the National Security Letter (NSL), an administrative demand letter or subpoena requiring neither probable cause nor judicial oversight. As David Rosen puts it: In effect, an NSL overrides 4th Amendment guarantees safeguarding an American’s right [to be free] from unreasonable search and seizure. Between 2000 and 2010 (excluding 2001 and 2002, for which no records are available), the FBI was issued 273,122 NSLs; in 2010, 24,287 letters were issued pertaining to 14,000 U.S. residents.
., 44 musicians, 128 music industry, 52, 80–81, 120, 122, 128, 141 MySpace, 132–33 narcissim. See self-obsession Narus, 163 national defense. See national security nationalization. See public ownership National Public Radio, 89 National Science Foundation, 101 National Science Foundation Network (NSFNet), 102, 104 national security, 51–52, 53, 100, 159–71, 196 National Security Agency, 161, 163, 164 National Security Letter (NSL), 166, 167 Naughton, John, 12, 72, 108, 135, 136, 161, 190 NBC Universal, 124, 137 NCTA v. Brand X, 111 “negative externalities,” 50–51, 53, 217, 242n84 The Net Delusion (Morozov), 10 Netflix, 127, 263n79 Netherlands, 113, 210 Net neutrality, 118–20 Netscape, 137, 138, 147 network effects, 132, 188 New Deal, 284n39 Newman, Nathan, 100 New Orleans Times-Picayune, 181–82 news aggregators.
Come and Take It: The Gun Printer's Guide to Thinking Free by Cody Wilson
3D printing, 4chan, active measures, Airbnb, airport security, Any sufficiently advanced technology is indistinguishable from magic, assortative mating, bitcoin, Chelsea Manning, disintermediation, fiat currency, Google Glasses, gun show loophole, jimmy wales, lifelogging, Mason jar, means of production, Menlo Park, Minecraft, national security letter, New Urbanism, peer-to-peer, Peter Thiel, Richard Stallman, ride hailing / ride sharing, Skype, thinkpad, WikiLeaks, working poor
The concept was finished, but the printer was broken. “Our guy couldn’t fix it on his own. We’re going to have to get Stratasys to come service it.” “Can you hide it like we talked about?” We agreed. The printer would hide out in the body shop beside the gun-printing closet to fool the corporate repairman. “Are you not worried now?” John asked. “I mean, this is the part where they send us the national security letter. Or where you get disappeared.” “This ex–Special Forces guy started emailing me a couple months ago,” I said. “We talk now, and the other day he tells me about NATO bombing Yugoslavia and how much it slowed down MySQL commits. Serb developers would just never be heard from again on the email list.” Then, more directly to his question, I said, “I still don’t feel like I’ve risked a thing.
The Snowden Files: The Inside Story of the World's Most Wanted Man by Luke Harding
affirmative action, airport security, Anton Chekhov, Apple's 1984 Super Bowl advert, Berlin Wall, Chelsea Manning, don't be evil, drone strike, Edward Snowden, Etonian, Firefox, Google Earth, Jacob Appelbaum, job-hopping, Julian Assange, Khan Academy, kremlinology, Mark Zuckerberg, Maui Hawaii, MITM: man-in-the-middle, national security letter, Panopticon Jeremy Bentham, pre–internet, Ralph Waldo Emerson, rolodex, Rubik’s Cube, Silicon Valley, Skype, social graph, Steve Jobs, undersea cable, web application, WikiLeaks
Another was Jay Rockefeller, who held the position at the time – and who had denounced the same surveillance activities when the Times exposed them. A third was the liberal hope of the early 21st century, a first-term senator from Illinois and constitutional law professor. Barack Obama, in a 2007 stump speech for his nascent presidential campaign, had pledged, ‘No more illegal wiretapping of American citizens. No more National Security Letters to spy on American citizens who are not suspected of a crime. No more tracking citizens who do no more than protest a misguided war. No more ignoring the law when it is inconvenient.’ Obama, the Democratic nomination in sight, and from there the presidency, voted for the FAA on 9 July 2008. With the passage of the FAA, political controversy over warrantless surveillance became marginal, the preoccupation of those already invested in one outcome or another.
Pax Technica: How the Internet of Things May Set Us Free or Lock Us Up by Philip N. Howard
Affordable Care Act / Obamacare, Berlin Wall, bitcoin, blood diamonds, Bretton Woods, Brian Krebs, British Empire, butter production in bangladesh, call centre, Chelsea Manning, citizen journalism, clean water, cloud computing, corporate social responsibility, creative destruction, crowdsourcing, digital map, Edward Snowden, en.wikipedia.org, failed state, Fall of the Berlin Wall, feminist movement, Filter Bubble, Firefox, Francis Fukuyama: the end of history, Google Earth, Howard Rheingold, income inequality, informal economy, Internet of things, Julian Assange, Kibera, Kickstarter, land reform, M-Pesa, Marshall McLuhan, megacity, Mikhail Gorbachev, mobile money, Mohammed Bouazizi, national security letter, Nelson Mandela, Network effects, obamacare, Occupy movement, packet switching, pension reform, prediction markets, sentiment analysis, Silicon Valley, Skype, spectrum auction, statistical model, Stuxnet, trade route, undersea cable, uranium enrichment, WikiLeaks, zero day
WIRED, September 4, 2013, accessed September 30, 2014, http://www.wired.com/2013/09/black-budget-what-exactly-are-the-nsas-cryptanalytic-capabilities/. 21. Declan McCullagh, “How the U.S. Forces Net Firms to Cooperate on Surveillance,” CNET, July 12, 2013, accessed September 30, 2014, http://www.cnet.com/news/how-the-u-s-forces-net-firms-to-cooperate-on-surveillance/. 22. Kim Zetter, “Google Takes on Rare Fight Against National Security Letters,” Wired, April 4, 2013, accessed September 30, 2014, http://www.wired.com/2013/04/google-fights-nsl/. 23. “Lavabit,” accessed June 16, 2014, http://lavabit.com/; “Silent Circle,” accessed June 16, 2014, http://silentcircle.com/. 24. Author’s calculations based on the transparency reports available from Facebook (https://govtrequests.facebook.com/, accessed September 24, 2014), Google (http://www.google.com/transparencyreport/, accessed September 24, 2014), and Twitter (https://transparency.twitter.com, accessed September 21, 2014). 25.
Paper Knowledge: Toward a Media History of Documents by Lisa Gitelman
Andrew Keen, computer age, corporate governance, deskilling, Douglas Engelbart, Douglas Engelbart, East Village, en.wikipedia.org, information retrieval, Internet Archive, invention of movable type, Jaron Lanier, knowledge economy, Marshall McLuhan, Mikhail Gorbachev, national security letter, On the Economy of Machinery and Manufactures, optical character recognition, profit motive, QR code, RAND corporation, RFC: Request For Comment, Shoshana Zuboff, Silicon Valley, Steve Jobs, The Structural Transformation of the Public Sphere, Turing test, WikiLeaks, Works Progress Administration
(Ford vetoed the bill at the urging of his chief of staff, Donald Rumsfeld, and his deputy, Richard Cheney, who had consulted with Antonin Scalia, then a government lawyer.)48 In the face of growing anxiety about computer databases, Congress also passed the Privacy Act of 1974, which requires federal agencies to inform the public about the systems of records they use at the same time that it establishes rules for the protection of personally identifiable information. Both gestures by Congress helped initiate the information regime in which Americans have continued to live, a regime additionally structured by an extended sequence of laws of fluctuating strictness and enforcement and, in some cases, evasion, if one thinks of the Patriot Act of 2001 and the expanded powers of the Bush presidency, with its national security letters and avoidance of the Foreign Intelligence Surveillance Court, or if one thinks of questions raised under the Obama administration about electronic surveillance by the National Security Agency. Privacy and the retention or destruction of paperwork in the private sector are governed by a related body of law that includes everything from rules about privacy in the Health Insurance Portability and Accountability Act of 1996 to laws like the Public Company Accounting Reform and Investor Protection Act of 2002 (popularly known as Sarbanes-Oxley), which strengthened corporate accounting standards after the collapse of Enron.
Great American Hypocrites: Toppling the Big Myths of Republican Politics by Glenn Greenwald
If that sounds hyperbolic, just review the disclosures over the course of recent years concerning what databases the federal government has created and maintained—everything from records of all domestic telephone calls we make and receive, to the content of our international calls, to risk-assessment records based on our travel activities, to all sorts of new categories of information about our activities obtainable by the FBI through the use of so-called National Security Letters. And none of that includes, obviously, the as-yet-undisclosed surveillance programs undertaken by the most secretive administration in history. This endless expansion of federal government power by the small-government, states-rights wing of the Republican Party is no longer even news. They barely bother to espouse these principles except when it comes time to win elections. In April 2007, leading conservatives Andy McCarthy, David Frum, and John Yoo participated in an event to argue for this Orwellian proposition: “Better More Surveillance Than Another 9/11.”
The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President by Bandy X. Lee
Affordable Care Act / Obamacare, cuban missile crisis, David Brooks, declining real wages, delayed gratification, demand response, Donald Trump, Doomsday Clock, facts on the ground, fear of failure, illegal immigration, impulse control, meta analysis, meta-analysis, national security letter, Ronald Reagan, Skype, Steve Jobs, The Chicago School
New York Daily News, June 22, 2016. www.nydailynews.com/news/politics/king-donald-trump-pervert-article-1.2683705. LaMotte, Sandee. “Is the ‘Trump Effect’ Damaging Our Psyches?” CNN, October 14, 2016. Accessed April 7, 2017. www.cnn.com/2016/10/14/health/trump-effect-damaging-american-psyche/. “A Letter from G.O.P. National Security Officials Opposing Donald Trump.” 2006. New York Times, August 8. www.nytimes.com/interactive/2016/08/08/us/politics/national-security-letter-trump.html. Monahan, J. The MacArthur Violence Risk Assessment: Executive Summary. 2001. Accessed April 6, 2017. www.macarthur.virginia.edu/risk.html. Murkowski, Lisa. “Full Statements on Donald Trump from Alaska Sens. Lisa Murkowski and Dan Sullivan.” Alaska Dispatch News, December 12, 2016. Accessed April 7, 2017. www.adn.com/politics/2016/10/08/full-statements-from-sens-lisa-murkowski-and-dan-sullivan-on-donald-trump/.
Culture & Empire: Digital Revolution by Pieter Hintjens
4chan, airport security, AltaVista, anti-communist, anti-pattern, barriers to entry, Bill Duvall, bitcoin, blockchain, business climate, business intelligence, business process, Chelsea Manning, clean water, commoditize, congestion charging, Corn Laws, correlation does not imply causation, cryptocurrency, Debian, Edward Snowden, failed state, financial independence, Firefox, full text search, German hyperinflation, global village, GnuPG, Google Chrome, greed is good, Hernando de Soto, hiring and firing, informal economy, intangible asset, invisible hand, James Watt: steam engine, Jeff Rulifson, Julian Assange, Kickstarter, M-Pesa, mass immigration, mass incarceration, mega-rich, MITM: man-in-the-middle, mutually assured destruction, Naomi Klein, national security letter, Nelson Mandela, new economy, New Urbanism, Occupy movement, offshore financial centre, packet switching, patent troll, peak oil, pre–internet, private military company, race to the bottom, rent-seeking, reserve currency, RFC: Request For Comment, Richard Feynman, Richard Stallman, Ross Ulbricht, Satoshi Nakamoto, security theater, selection bias, Skype, slashdot, software patent, spectrum auction, Steve Crocker, Steve Jobs, Steven Pinker, Stuxnet, The Wealth of Nations by Adam Smith, The Wisdom of Crowds, trade route, transaction costs, twin studies, union organizing, wealth creators, web application, WikiLeaks, Y2K, zero day, Zipf's Law
The simpler explanation is: you work with us, and we'll take care of the legalities afterwards. You'll get market share and secret cash. And if you resist, or if you talk about this deal, your company will die, and you will go to prison. When you hear the CEOs and spokespeople of thriving corporations denying their level of cooperation with the NSA, you need to question their freedom to tell the truth. When a firm receives a National Security Letter, it is obliged by law to deny that fact. The tragic irony is that it's the nicer business executives, the 96% or so who are not psychopaths, who buckle under such threats. It takes a peculiarly tough disregard for authority and their sanctions, one close to a mental disorder, to stand up and fight bribery and corruption when all those around you are losing their heads, as it were. Analysts Retentive In the hot summer of 2013, following the Snowden leaks, European governments angrily denounced the American surveillance state.
Habeas Data: Privacy vs. The Rise of Surveillance Tech by Cyrus Farivar
Apple's 1984 Super Bowl advert, autonomous vehicles, call centre, citizen journalism, cloud computing, computer age, connected car, do-ocracy, Donald Trump, Edward Snowden, en.wikipedia.org, failed state, Ferguson, Missouri, Frank Gehry, Golden Gate Park, John Markoff, license plate recognition, Lyft, national security letter, Occupy movement, optical character recognition, Port of Oakland, RAND corporation, Ronald Reagan, sharing economy, Silicon Valley, Silicon Valley startup, Skype, Steve Jobs, Steven Levy, The Hackers Conference, Tim Cook: Apple, transaction costs, uber lyft, WikiLeaks, Zimmermann PGP
The special agents didn’t even know who the target of the FISC order was—they were simply acting on behalf of their colleagues in Washington, DC. Still in his volleyball outfit, Levison patiently explained how he had set up Lavabit, with digital security in mind. For a select group of paying customers (roughly 10,000 at the time), Levison offered an encrypted e-mail feature. As an e-mail provider, Levison was primarily worried about being served with a national security letter (NSL), which would force him to act as a government agent and conduct secret surveillance of one of his users. Worse than that, Levison wouldn’t be able to tell anyone—not his own lawyer, and certainly not the target of the investigation—about what was actually going on. As he wrote on Lavabit’s website in 2013: Lavabit believes that a civil society depends on the open, free and private flow of ideas.
Click Here to Kill Everybody: Security and Survival in a Hyper-Connected World by Bruce Schneier
23andMe, 3D printing, autonomous vehicles, barriers to entry, bitcoin, blockchain, Brian Krebs, business process, cloud computing, cognitive bias, computer vision, connected car, corporate governance, crowdsourcing, cryptocurrency, cuban missile crisis, Daniel Kahneman / Amos Tversky, David Heinemeier Hansson, Donald Trump, drone strike, Edward Snowden, Elon Musk, fault tolerance, Firefox, Flash crash, George Akerlof, industrial robot, information asymmetry, Internet of things, invention of radio, job automation, job satisfaction, John Markoff, Kevin Kelly, license plate recognition, loose coupling, market design, medical malpractice, Minecraft, MITM: man-in-the-middle, move fast and break things, move fast and break things, national security letter, Network effects, pattern recognition, profit maximization, Ralph Nader, RAND corporation, ransomware, Rodney Brooks, Ross Ulbricht, security theater, self-driving car, Shoshana Zuboff, Silicon Valley, smart cities, smart transportation, Snapchat, Stanislav Petrov, Stephen Hawking, Stuxnet, The Market for Lemons, too big to fail, Uber for X, Unsafe at Any Speed, uranium enrichment, Valery Gerasimov, web application, WikiLeaks, zero day
The US government collected phone call metadata on most Americans until 2015, and still has access to this information on demand. Many local governments keep comprehensive data about people’s movements, collected from license plate scanners mounted on street poles and mobile vans. And, of course, many corporations have us all under surveillance through a variety of mechanisms. Governments regularly demand access to that data in ways that don’t require a warrant, such as subpoenas and national security letters. I worry that some of the catastrophic risks I wrote about in Chapter 5 will lead policy makers to go beyond backdoors and weakened cryptography, to authorize ubiquitous domestic surveillance. Leaving out the 1984-like ramifications that make it a terrible idea on the face of it, the effectiveness of ubiquitous surveillance is very limited. It’s only useful between the moment a new capability becomes possible and the moment it becomes easy.
Tools and Weapons: The Promise and the Peril of the Digital Age by Brad Smith, Carol Ann Browne
Affordable Care Act / Obamacare, AI winter, airport security, Albert Einstein, augmented reality, autonomous vehicles, barriers to entry, Berlin Wall, Boeing 737 MAX, business process, call centre, Celtic Tiger, chief data officer, cloud computing, computer vision, corporate social responsibility, Donald Trump, Edward Snowden, en.wikipedia.org, immigration reform, income inequality, Internet of things, invention of movable type, invention of the telephone, Jeff Bezos, Mark Zuckerberg, minimum viable product, national security letter, natural language processing, Network effects, new economy, pattern recognition, precision agriculture, race to the bottom, ransomware, Ronald Reagan, Rubik’s Cube, school vouchers, self-driving car, Shoshana Zuboff, Silicon Valley, Skype, speech recognition, Steve Ballmer, Steve Jobs, The Rise and Fall of American Growth, Tim Cook: Apple, WikiLeaks, women in the workforce
In 2013, we stated publicly that we would notify our business and government customers if we received legal orders for their data.13 If a gag order prohibited us from telling them, we’d challenge the order in court. We’d also direct government agencies to go straight to our customers for information or data about one of their employees—just as they did before these customers moved to the cloud. And we’d go to court to make it stick. We faced our first test when the FBI served us with a national security letter seeking data that belonged to an enterprise customer. The letter barred us from telling the customer that the FBI wanted its data. We studied the letter and could see no reasonable basis for the FBI to prohibit us from notifying the customer, let alone demand the data from us rather than obtain it directly from the customer. We refused, filed a lawsuit, and went to federal court in Seattle, where the judge was sympathetic to our argument.
Future Crimes: Everything Is Connected, Everyone Is Vulnerable and What We Can Do About It by Marc Goodman
23andMe, 3D printing, active measures, additive manufacturing, Affordable Care Act / Obamacare, Airbnb, airport security, Albert Einstein, algorithmic trading, artificial general intelligence, Asilomar, Asilomar Conference on Recombinant DNA, augmented reality, autonomous vehicles, Baxter: Rethink Robotics, Bill Joy: nanobots, bitcoin, Black Swan, blockchain, borderless world, Brian Krebs, business process, butterfly effect, call centre, Charles Lindbergh, Chelsea Manning, cloud computing, cognitive dissonance, computer vision, connected car, corporate governance, crowdsourcing, cryptocurrency, data acquisition, data is the new oil, Dean Kamen, disintermediation, don't be evil, double helix, Downton Abbey, drone strike, Edward Snowden, Elon Musk, Erik Brynjolfsson, Filter Bubble, Firefox, Flash crash, future of work, game design, global pandemic, Google Chrome, Google Earth, Google Glasses, Gordon Gekko, high net worth, High speed trading, hive mind, Howard Rheingold, hypertext link, illegal immigration, impulse control, industrial robot, Intergovernmental Panel on Climate Change (IPCC), Internet of things, Jaron Lanier, Jeff Bezos, job automation, John Harrison: Longitude, John Markoff, Joi Ito, Jony Ive, Julian Assange, Kevin Kelly, Khan Academy, Kickstarter, knowledge worker, Kuwabatake Sanjuro: assassination market, Law of Accelerating Returns, Lean Startup, license plate recognition, lifelogging, litecoin, low earth orbit, M-Pesa, Mark Zuckerberg, Marshall McLuhan, Menlo Park, Metcalfe’s law, MITM: man-in-the-middle, mobile money, more computing power than Apollo, move fast and break things, move fast and break things, Nate Silver, national security letter, natural language processing, obamacare, Occupy movement, Oculus Rift, off grid, offshore financial centre, optical character recognition, Parag Khanna, pattern recognition, peer-to-peer, personalized medicine, Peter H. Diamandis: Planetary Resources, Peter Thiel, pre–internet, RAND corporation, ransomware, Ray Kurzweil, refrigerator car, RFID, ride hailing / ride sharing, Rodney Brooks, Ross Ulbricht, Satoshi Nakamoto, Second Machine Age, security theater, self-driving car, shareholder value, Silicon Valley, Silicon Valley startup, Skype, smart cities, smart grid, smart meter, Snapchat, social graph, software as a service, speech recognition, stealth mode startup, Stephen Hawking, Steve Jobs, Steve Wozniak, strong AI, Stuxnet, supply-chain management, technological singularity, telepresence, telepresence robot, Tesla Model S, The Future of Employment, The Wisdom of Crowds, Tim Cook: Apple, trade route, uranium enrichment, Wall-E, Watson beat the top human players on Jeopardy!, Wave and Pay, We are Anonymous. We are Legion, web application, Westphalian system, WikiLeaks, Y Combinator, zero day
The IRS too began training its investigators on how to use social networks to investigate taxpayers back in 2009, and Homeland Security’s Citizenship and Immigration Service instructed its agents in 2010 to use social media sites to “observe the daily life of petitioners and beneficiaries suspected of fraud.” Federal agents can readily access your social data through a variety of means, by serving subpoenas, national security letters, and other administrative orders on your service providers, who under the third-party doctrine exception to the Fourth Amendment needn’t even notify you of the request. For example, AT&T revealed that in 2013 it received more than 300,000 requests for data relating to both civil and criminal cases. The demands for information came from state, federal, and local authorities and included nearly “248,000 subpoenas, nearly 37,000 court orders and more than 16,000 search warrants.”
Free Speech: Ten Principles for a Connected World by Timothy Garton Ash
A Declaration of the Independence of Cyberspace, activist lawyer, Affordable Care Act / Obamacare, Andrew Keen, Apple II, Ayatollah Khomeini, battle of ideas, Berlin Wall, bitcoin, British Empire, Cass Sunstein, Chelsea Manning, citizen journalism, Clapham omnibus, colonial rule, crowdsourcing, David Attenborough, don't be evil, Donald Davies, Douglas Engelbart, Edward Snowden, Etonian, European colonialism, eurozone crisis, failed state, Fall of the Berlin Wall, Ferguson, Missouri, Filter Bubble, financial independence, Firefox, Galaxy Zoo, George Santayana, global village, index card, Internet Archive, invention of movable type, invention of writing, Jaron Lanier, jimmy wales, John Markoff, Julian Assange, Mark Zuckerberg, Marshall McLuhan, mass immigration, megacity, mutually assured destruction, national security letter, Nelson Mandela, Netflix Prize, Nicholas Carr, obamacare, Peace of Westphalia, Peter Thiel, pre–internet, profit motive, RAND corporation, Ray Kurzweil, Ronald Reagan, semantic web, Silicon Valley, Simon Singh, Snapchat, social graph, Stephen Hawking, Steve Jobs, Steve Wozniak, The Death and Life of Great American Cities, The Wisdom of Crowds, Turing test, We are Anonymous. We are Legion, WikiLeaks, World Values Survey, Yom Kippur War
The telecommunications report also reveals another variant of the Pinteresque, encountered in one of the world’s most democratic, rule-of-law states: carefully drafted laws that prohibit the disclosure even of the mere fact that a company or other body has disclosed information to the government under that law. Thanks to Snowden, the politically informed public would become familiar with such secret FISA court orders and National Security Letters. But a few years earlier, when I heard about them for the first time, I asked senior figures at both Facebook and Twitter whether they could at least give me some idea of the number of such orders they had received and complied with. Tens? Hundreds? Thousands? Shifting in their seats and looking deeply uncomfortable, these faithful sons of the Church of the First Amendment said they would be breaking the law if they did that.