Professional Documents
Culture Documents
SECRECY ADVANTAGE
Mass surveillance chills investigative journalism due to
fear of NSA retaliation
Human Rights Watch, 14 (With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism,
Law, and American Democracy, July. https://www.hrw.org/sites/default/files/reports/usnsa0714_ForUPload_0.pdf)
Every national security reporter I know would say that the atmosphere in which
professional reporters seek insight into policy failures [and] bad military decisions is just
much tougher and much chillier. Steve Coll, staff writer for The New Yorker and Dean of the Graduate School of
Journalism at Columbia University, February 14, 2014
ever before to protect their sources, and sources are more reluctant to speak. This
environment makes reporting both slower and less fruitful. Journalists interviewed for this report
described the difficulty of obtaining sources and covering sensitive topics in an atmosphere
of uncertainty about the range and effect of the governments power over them. Both
surveillance and leak investigations loomed large in this context especially to the extent that there may
be a relationship between the two. More specifically, many journalists see the governments power as menacing because they know
little about when various government agencies share among themselves information collected through surveillance, and when they
deploy that information in leak investigations.71 [Government officials have been] very squishy about what they have and [what
they] will do with it, observed James Asher, Washington Bureau Chief for McClatchy Co., the third largest newspaper group in the
country.72 One Pulitzer Prize-winning reporter for a newspaper noted that even a decrease in leak prosecutions is unlikely to help,
unless we [also] get clear lines about what is collectable and usable.73 Others agreed. Im pretty worried that NSA information will
make its way into leak investigations, said one investigative journalist for a major outlet.74 A reporter who covers national defense
expressed concern about the possibility of a porous wall between the NSA and the Department of Justice, the latter of which
receives referrals connected to leak investigations.75 Jonathan Landay wondered whether the government
might analyze metadata records to identify his contacts. A national security reporter
summarized the situation as follows: Do we trust [the intelligence] portion of the
governments knowledge to be walled off from leak investigations? Thats not a good place
to be.77 While most journalists said that their difficulties began a few years ago, particularly with the increase in leak
prosecutions, our interviews confirmed that for many journalists largescale surveillance by the
US government contributes substantially to the new challenges they encounter. The
governments large-scale collection of metadata and communications makes it significantly
more difficult for them to protect themselves and their sources, to confirm details for their
stories, and ultimately to inform the public. In the 1970s, many journalists spoke with sources by phone, and
the government already had the technological capacity to tap those calls if it so chose. But traditional forms of
wiretapping or physical surveillance were time consuming and resource intensive. Today, so
many more transactions are handled electronically that there exists a tangible, easy-tostore,
easy-to-access record of a much larger proportion of any given persons life: banking
transactions, internet browsing, driving habits (though EZ Pass records, license plate cameras, and GPS
systems), cell phone location and activity, emailing patterns, and more. Metadata can reveal intimate
details about people, such as religious affiliations, medical diagnoses, and the existence of private relationships . Meanwhile, as
more transactions have become digitalized, the government has acquired a much greater
technical capacity to gather, store, analyze, and sift through electronic data. Even with rapidly
observed Bart Gellman.98 Peter Maass, a senior writer at The Intercept, concurred: Leak investigations are a lot easier because you
leave a data trail calling, swiping in and out of buildings, [and] walking down a street with cameras. Its a lot easier for people to know
where youre going and how long youre there.99 Charlie Savage raised a similar point: [E]lectronic trails mak[e] it easier to figure
out whos talking to reporters. That has made it realistic [to investigate leaks] in a way that it wasnt before.100 Peter Finn, the
National Security Editor at the Washington Post, expressed concern that the governments ability to find the source will only get
better.101 A national security reporter made the link even clearer, stating that the Snowden revelations show that
[w]hat were doing is not good enough. I used to think that the most careful people were
not at risk, [that they] could protect sources and keep them from being known. Now we
know that isnt the case.102 He added, Thats what Snowden meant for me. Theres a record of everywhere Ive walked,
everywhere Ive been.103 Peter Maass voiced a similar concern: [The landscape] got worse significantly after the Snowden
documents came into circulation. If you suspected the government had the capability to do mass surveillance, you found out it was
certainly true.104 Journalists repeatedly told us that surveillance had made sources much more
fearful of talking. The Snowden revelations have brought home a sense of the staggering
power of the government, magnifying the fear created by the increasing number of leak investigations.105
Accordingly, sources are afraid of the entire weight of the federal government coming
down on them.106 Jane Mayer, an award-winning staff writer for The New Yorker, noted,
[t]he added layer of fear makes it so much harder. I cant count the number of people
afraid of the legal implications [of speaking to me]. 107 One journalist in Washington, DC, noted, I think
many sources assume Im spied on. [Im] not sure theyre right but I cant do anything about their presumption.108 As a result, she
said, some remaining sources have started visiting her house to speak with her because they are too fearful to come to her office.109
One national security reporter estimated that intelligence reporters have the most skittish sources, followed by journalists covering the
Department of Justice and terrorism, followed by those on a military and national security beat.110 As a result, journalists
report struggling to confirm even unclassified details for stories, and have seen trusted,
long-standing sources pulling back. I had a source whom Ive known for years whom I wanted to talk to about a
particular subject and this person said, Its not classified but I cant talk about it because if they find out theyll kill me [figuratively
speaking].111 Several others have reported the sudden disappearance of formerly reliable
that the largest challenge they face is reaching new sources. Sources dont just
materialize, noted Peter Finn. They often are developed.115 That requires building trust,
which can be a slow and difficult process. Adding to the challenge of developing sources that
are already skittish is the fact that surveillance makes it very difficult for journalists to
communicate with them securely. Calling or emailing can leave a trail between the
journalist and the source; and it can be difficult to get casual contacts to take more
elaborate security measures to communicate. [H]ow do you even get going? asked Bart
Gellman, referring to the challenge of making first contact with a new would-be source
without leaving a trace. By the time you're both ready to talk about more delicate subjects,
youve left such a trail that even if you start using burner phones or anonymous email accounts youre already
linked.
mechanism for identifying and disrupting the organizational dynamics that lead to such
strategic errors is necessary for any system of government , and in a democracy that mechanism is the
principle of civilian control: fundamental questions of war and peace require public understanding
and public decision.
Secrecy insulates self-reinforcing internal organizational dynamics from external
correction. In countering this tendency, not all leaks are of the same fabric. War story-type leaks that make an administration
look good or are aimed to shape public opinion in favor of an already-adopted strategy or to manipulate support for one agency over
another, trial balloons, and so forth, are legion.23 While these offer the public color and texture from inside the government and are
valuable to the press, they do not offer a productive counterweight to internal systemic failures and errors. Some leaks, however,
provide a critical mechanism for piercing the national security systems echo-chamber,
countering self-reinforcing information cascades, groupthink, and cognitive biases that
necessarily pervade any closed communications system. It is this type of leak, which exposes
and challenges core systemic behaviors, that has increased in this past decade , as it did in the early
1970s. These leaks are primarily driven by conscience, and demand accountability for systemic error, incompetence, or malfeasance.
Their critical checking function derives from the fact that conscience is uncorrelated with
well-behaved organizational processes. Like an electric fuse, accountability leaks , as we might
call them, blow when the internal dynamics of the system reach the breaking point of an
individual with knowledge, but without authority. They are therefore hard to predict, and function like
surprise inspections that keep a system honest. By doing so, these leaks serve both
democracy and security.
This failsafe view of whistleblowing is hardly unique to national security. American law in
general embraces whistleblowing as a critical mechanism to address the kinds of destructive organizational
dynamics that lead to error, incompetence, and abuse. In healthcare, financial, food and drug, or consumer
product industries; in state and federal agencies, throughout the organizational ecosystem, whistleblowers are
protected from retaliation and often provided with financial incentives to expose wrongs they have seen and subject the organizations
in which they work to public or official scrutiny.25 Whistleblowing is seen as a central pillar to address
government corruption and failure throughout the world. Unless one believes that the
national security establishment has a magical exemption from the dynamics that lead all
other large scale organizations to error, then whistleblowing must be available as a critical
arrow in the quiver of any democracy that seeks to contain the tragic consequences that
follow when national security organizations make significant errors or engage in illegality
or systemic abuse.
American hostage in January momentarily energized our meager debate on drones. Critics
pressed drones' dangerous secrecy and fallibility and the political backlash they produce in
the Muslim world. The administration reached for platitudes about the sad inevitability of mistakes in the "fog of war."
Micah Zenko of the Council on Foreign Relations and author of a 2013 study of drones predicted,
"even this episode will have no effect" on public debate -- and our easy distraction since Friday has proven
him right.
Critics point to strong bipartisan support for drones as the reason for this inertia.
independent, secret use of drones fatally compromises Air Force use of them.
I toured Creech Air Force Base in Nevada, where the USAF drones are remotely piloted. I
was pressed afterwards not to disclose the circumstances of the tour. I do not have much
faith in the reasoning behind keeping them secret, but some deluded sense of honor ties my
tongue, redoubled by my sensitivity as a South-Asian-American to suspicions of my
patriotism after I was warned that describing the circumstances would somehow endanger the security of our service men and
women (although arguably disclosure in the name of democracy is patriotic duty, too).
Such are the liabilities of being a hyphenated American with ancestral ties to the geography
being bombed. My son, whose name happens to have an Arabic root, was put on a Homeland Security no-fly list despite being
self-evidently three years old. These are real-life worries, and so I compromise.
More significantly, that I did visit the base but was censored from writing about it suggests the military is playing a
double-game, inviting public oversight on its own terms to safely air its doubts about the
drone strategy while its siege mentality prevents a full and clear airing of them as part of
real public debate.
While criticism remains episodic and marginal, the men and women who run operations at Creech are in thrall to Orientalist notions
about the "culture" of people in the AfPak region. Thus, for example, some believe Afghani men are indifferent to the death of women
and children without considering that Americans might appear similarly indifferent to Afghanis given our own evident tolerance of
civilian deaths there.
Orientalist notions about the terrain's otherworldliness are also in play, situating it somewhere beyond the pale of civilization where al
Qaeda finds sanctuary and thus where drone use can be countenanced in a way it would not be tolerated elsewhere. Indeed, romantic
descriptions of a fantastically remote, thickly-forested valley surrounded by snow-capped peaks ran through the New York Times
coverage of the American hostage's death in the Shawal Valley.
I have written extensively about how our military inherited these views from the British who first attempted to police the region from
the air after World War I. They are crucial to drone operators' ability to press the trigger, keeping the region permanently unreal and
alien, an eternal frontier-zone where civilization ends and something else, ungovernable, begins.
As much as defenders of drone strikes tout the hours of close surveillance that give remote pilots a kind of intimacy with their victims,
in fact, one-way surveillance of that kind is not aimed at producing empathy but greater confidence in the target's presumptive
otherness. Creech's motto is "Home of the Hunters," and the first hunter-killer drone is called the "Predator." Every good hunter must
know its prey's habits well, but we would never mistake that intimate knowledge for empathy.
The ugly truth is that our official policy is to count all dead as militants -- that is how we
dispensed with the matter of civilian casualties until last week's inconvenient news of the deaths of an American
hostage and Italian aid worker.
The cause of this absurd policy is not lack of civilian oversight of the military but lack of
democratic oversight of our civilian leadership. The day after the New York Times remarked the folly of drone
tactics revealed by the death of an innocent American, the paper fawned over the program's decimation of al Qaeda leadership -feebly in the end, for the article had to admit that al Qaeda has declined primarily because would-be militants prefer ISIS, hardly a
development our drone strategists should be proud of.
It is time for us, as Americans, to exercise our responsibility as citizens and take control of
the debate. Our leadership does not want journalists demanding revelatory tours of Creech.
Journalists and citizens, demand a tour. At the very least, demand an account of and an apology for every civilian death. Drones
routinely terrorize and kill civilians. Is this American culture?
Hussein Ahmed Saleh Abu Bakr, a labourer, was travelling to work in Al-Bayda,
central Yemen, with 11 colleagues including family members when a drone struck the car.
A year ago today,
When the attack was over, Hussein emerged from where he had taken cover to look for the other passengers and found his father, 65,
slumped in the road with shrapnel injuries to his head and chest. The bodies of the other passengers were scattered around the area,
with some injuries so severe, Hussein was only able to identify them from their clothing. Four of the passengers were
killed: Sanad Nasser Hussein Al-Khushm, Abdullah Nasser Abu Bakr Al-Khushm, Yasser
Ali Abed Rabbo Al-Azzani and Ahmed Saleh Abu Bakr.
"Why? Why did they kill my son Sanad and my cousin Ahmed Saleh Abu Bakr? My son and my cousin did not belong to any
organisation," said Hussein Nasser Abu Bakr Al-Khushm to researchers of a report released by the Open Society Justice Initiative.
The attack was part of the US's targeted killing programme, a tactic which was employed in
combat operations in Afghanistan and Iraq and is a core part of "counterterrorism" efforts
in Pakistan, Yemen and Somalia. US Secretary of State John Kerry said at a BBC forum in 2013: "The only people that
we fire a drone at [sic] are confirmed terrorist targets at the highest level after a great deal of vetting that takes a long period of time.
We don't just fire a drone at somebody and think they're a terrorist." However, the report entitled "Death by Drone: Civilian harm
according to the Guardian. These attacks have explicit support from the Yemeni government and President Abd Rabbuh Mansur Hadi,
who took over power following former President Ali Abdullah Saleh's 33-year reign ended amid widespread protests during the Arab
Spring, praised US drone strikes in Yemen and stated that he personally approved every drone strike taking place in the country.
These attacks have stayed largely out of mainstream news, except in December 2013 when a
drone attack hit the wedding procession of Abdullah Mabkhut Al-Amri and Warda AlSorimi killing 12 of the guests. The Yemeni government gave the families $101,000 and 101 rifles in compensation. The
US did not publically launch an investigation or provide compensation. Although the wedding attack led to Yemen's Parliament
passing an almost unanimous but nonbinding resolution to prohibit the US from continuing drone strikes.
A lack of justice is however typical in such cases. Jen Gibson, an attorney at Reprieve who represents drone victims
"For many innocent people in places like Yemen and Pakistan, drones are judge, jury
and executioner all in one." She added: "The true extent of the US drone programme is
shrouded in secrecy, and when the families of the victims seek redress for the terrible injustice of
losing their loved ones often women and children there is zero accountability."
said:
use of drones may create more strategic dilemmas for regional and
global peace and stability: specifically proliferation and a possible arms race involving
drones that could leave the world more prone to conflict.
Drones are usually deployed and sent to turbulent areas for intelligence collection and targeted assassinations. They rely heavily on
remote control and information links. Small technical errors can result in the rapid proliferation of
modern weapons and technology. Case in point: In December 2011, Iran hijacked a U.S. Stealth
RQ-170 by spoofing its GPS signal. Iranian Revolutionary Guards then reversedengineered it, decoded the data and software, and produced a copy. Now, Iran has around
17 drones, including six armed UAVs in use. Its Shahed-129 is capable of attacking air and land targets, which marks a
significant technological advance.
Americas use of drones has also prompted many other countries to develop their own or
buy drones from the international market, including Britain, Israel, India, Russia, South
African and China. Indeed, China is particularly ambitious, having sold Wing Loong UAVs to a number of countries. It is
now developing its stealth drone Li Jian (Sharp Sword), which makes it the third country capable of producing such weapons, after
Americas X-47 and Frances nEUROn.
Countries that dont have drones may feel threatened and less secure, and seek similar or other
asymmetrical means to maintain the balance of power. This
The year 2014 marks the moment that the world turned its attention to writing laws to
govern what happens on the Internet. And that has not been a great thing, according to an
annual report from the U.S.-based pro-democracy think tank Freedom House.
Traditionally, countries eager to crack down on their online critics largely resorted to blocking Web sites and filtering Internet content,
with the occasional offline harassment of dissidents. But that has changed, in part because online activists have gotten better at
figuring out ways around those restrictions; Freedom House points to Greatfire, a service that takes content blocked in mainland China
and hosts it on big, global platforms, like Amazon's servers, that the Chinese government finds both politically and technologically
difficult to block.
In the wake of these tactics, repressive regimes have begun opting for a "technically uncensored Internet,"
but one that is increasingly controlled by national laws about what can and
can't be done online. In 36 of the 65 countries surveyed around the world the state of
Internet freedom declined in 2014, according to the report.
Russia, for example, passed a law that allows the country's prosecutor general to block
"extremist" Web sites without any judicial oversight. Kazakstan passed a similar law.
Vietnam passed decrees cracking down on any critiques of the state on social media sites.
Nigeria passed a law requiring that Internet cafes keep logs of the customers who come into
their shops and use their computers.
There's a bigger worry at work, too, Freedom House says: the potential for a "snowball
effect." More and more countries, the thinking goes, will adopt these sorts of restrictive
laws. And the more that such laws are put in place, the more they fall within the range of
acceptable global norms.
Also shifting those norms? According to Freedom House, "Some states are using the revelations of
widespread surveillance by the U.S. National Security Agency (NSA) as an excuse to
augment their own monitoring capabilities, frequently with little or no oversight, and often
aimed at the political opposition and human rights activists."
Freedom House finds,
The effects of the NSA disclosures on the Internet Freedom agenda go beyond the realm of
Internet governance. The loss of the United States as a model on Internet Freedom issues
has made it harder for local civil society groups around the worldincluding the groups that the State
Departments Internet Freedom programs typically support203 to advocate for Internet Freedom within their
own governments.204 The Committee to Protect Journalists, for example, reports that in
revelations of what the NSA has been doing in the past decade are eroding the moral high
ground that the United States has often relied upon when putting public pressure on
authoritarian countries like China, Russia, and Iran to change their behavior. In 2014,
Reporters Without Borders added the United States to its Enemies of the Internet list for
the first time, explicitly linking the inclusion to NSA surveillance. The main player in [the United
States] vast surveillance operation is the highly secretive National Security Agency (NSA) which, in the light of Snowdens
revelations, has come to symbolize the abuses by the worlds intelligence agencies, noted the 2014 report.207 The damaged
perception of the United States208 as a leader on Internet Freedom and its diminished
ability to legitimately criticize other countries for censorship and surveillance opens the
door for foreign leaders to justifyand even expand their own efforts.209 For example,
the Egyptian government recently announced plans to monitor social media for potential
terrorist activity, prompting backlash from a number of advocates for free expression and
privacy.210 When a spokesman for the Egyptian Interior Ministry, Abdel Fatah Uthman,
appeared on television to explain the policy, one justification that he offered in response to
privacy concerns was that the US listens in to phone calls, and supervises anyone who
could threaten its national security.211 This type of rhetoric makes it difficult for the U.S.
to effectively criticize such a policy. Similarly, Indias comparatively mild response to
allegations of NSA surveillance have been seen by some critics as a reflection of Indias
own aspirations in the world of surveillance, a further indication that U.S. spying may now
make it easier for foreign governments to quietly defend their own behavior.212 It is even more
difficult for the United States to credibly indict Chinese hackers for breaking into U.S. government and commercial targets without
fear of retribution in light of the NSA revelations.213 These challenges reflect an overall decline in U.S. soft power on free expression
issues.
U.S. leadership shapes global internet norms profreedom rhetoric must be paired with concrete policy
changes
Gross, 13 (David, U.S. Coordinator for International Communications and Information Policy at the State Department from
2001-2009. Walking the Talk: The Role of U.S. Leadership in the Wake of WCIT, 1-17-13. http://www.bna.com/walking-the-talkthe-role-of-u-s-leadership-in-the-wake-of-wcit-by-david-a-gross/)
During the past month, more has been written about December's World Conference on International Telecommunications (WCIT),
hosted by the United Nation's International Telecommunication Union (ITU) in Dubai, than about any previous international telecoms
treaty conference. And for good reason. Despite the fact that the nominal focus of the conference was to bring up-to-date a 1988
telecommunications treaty regarding traditional international telecoms services, countries such as Russia, Saudi Arabia, China and
others sought to use the gathering to establish new international rules through the ITU governing the internet. Although many believe
that WCIT failed because 55 countriesincluding the United States, virtually all of Europe, and other internet-leading countries such
as Kenya and Indiadid not sign the revised treaty, in reality WCIT was an important early chapter in the critical global process of
determining the internet's political and policy futureand in turn, its technical and economic future.
It is important to recognize that the internet's political and policy future will be shaped by
American leadershipnot just through traditional U.S. rhetoric about competition, private sector
leadership, and multi-stakeholder decisionmaking, but by America's ability to walk the talk by showing
unequivocally that the ideals we preach internationally are fully reflected in what we do at
home.
the United States would not sign the revised treaty with its Internet-related provisions
because Congress had sent a clear and unequivocal message that such an agreement was
unacceptable to the American people.
Looking ahead, we must recognize the obviousinternet policy issues affect virtually
everyone in the world, and U.S. leadership depends on the power of its forward looking
arguments, not just the historical fact that the United States gave the world a
transformational technology. Although establishing global internet policy will be long, complex and challenging, we are
fortunate that we have a well-established road map to follow.
No Room for Hypocrisy
We can continue to lead the world toward greater prosperity and the socially
transformational benefits long associated with the internet. But if we fail to match our
words with action; if we insist that others avoid an approach that imposes regulations and
laws that limit the internet's capacity to advance freedom, openness and creativity,
micromanages markets, or limits competition and investment, but do otherwise at home,
then the world will quickly recognize our hypocrisy.
web. The expansion of the open Internet must be allowed to continue: The mobile and social
media revolutions are critical not only for democratic institutions' ability to solve the collective
problems of a shrinking world , but also to a dynamic and innovative global economy that
depends on financial transparency and the free flow of information. The threats to the open Internet were on
stark display at last December's World Conference on International Telecommunications in Dubai, where the United States fought
attempts by a number of countries -- including Russia, China, and Saudi Arabia -- to give a U.N. organization, the International
Telecommunication Union (ITU), new regulatory authority over the Internet. Ultimately, over the objection of the United States and
many others, 89 countries voted to approve a treaty that could strengthen the power of governments to control online content and deter
broadband deployment. In Dubai, two deeply worrisome trends came to a head. First, we see that the Arab Spring and similar events
have awakened nondemocratic governments to the danger that the Internet poses to their regimes.
In Dubai, they pushed for a treaty that would give the ITU's imprimatur to governments' blocking
or favoring of online content under the guise of preventing spam and increasing network security.
Authoritarian countries' real goal is to legitimize content regulation, opening the door for
governments to block any content they do not like, such as political speech. Second, the basic
commercial model underlying the open Internet is also under threat . In particular, some proposals, like the
one made last year by major European network operators, would change the ground rules for payments for transferring Internet
content. One species of these proposals is called "sender pays" or "sending party pays." Since the beginning of the Internet, content
creators -- individuals, news outlets, search engines, social media sites -- have been able to make their content available to Internet
users without paying a fee to Internet service providers. A sender-pays rule would change that, empowering governments to require
Internet content creators to pay a fee to connect with an end user in that country. Sender pays may look merely like a commercial
issue, a different way to divide the pie. And proponents of sender pays and similar changes claim they would benefit Internet
deployment and Internet users. But the opposite is true: If a country imposed a payment requirement, content creators would be less
likely to serve that country. The loss of content would make the Internet less attractive and would lessen demand for the deployment of
Internet infrastructure in that country. Repeat the process in a few more countries, and the growth of global connectivity
-- as well as its attendant benefits for democracy -- would slow dramatically. So too would the
benefits accruing to the global economy. Without continuing improvements in transparency and information sharing,
the innovation that springs from new commercial ideas and creative breakthroughs is sure to be
severely inhibited. To their credit, American Internet service providers have joined with the
broader U.S. technology industry, civil society, and others in opposing these changes. Together,
we were able to win the battle in Dubai over sender pays, but we have not yet won the war. Issues
affecting global Internet openness, broadband deployment, and free speech will return in
upcoming international forums, including an important meeting in Geneva in May, the World Telecommunication/ICT
Policy Forum. The massive investment in wired and wireless broadband infrastructure in the United States demonstrates that
preserving an open Internet is completely compatible with broadband deployment. According to a recent UBS report, annual wireless
capital investment in the United States increased 40 percent from 2009 to 2012, while investment in the rest of the world has barely
inched upward. And according to the Information Technology and Innovation Foundation, more fiber-optic cable was laid in the
United States in 2011 and 2012 than in any year since 2000, and 15 percent more than in Europe. All Internet users lose something
when some countries are cut off from the World Wide Web. Each person who is unable to connect to the Internet diminishes our own
access to information. We become less able to understand the world and formulate policies to respond to our shrinking planet.
Conversely, we gain a richer understanding of global events as more people connect around the world, and those societies nurturing
nascent democracy movements become more familiar with America's traditions of free speech and pluralism. That's why we believe
that the Internet should remain free of gatekeepers and that no entity -- public or private -- should be able to pick and choose the
information web users can receive. That is a principle the United States adopted in the Federal Communications Commission's 2010
Open Internet Order. And it's why we are deeply concerned about arguments by some in the United States that broadband providers
should be able to block, edit, or favor Internet traffic that travels over their networks, or adopt economic models similar to
international sender pays. We must preserve the Internet as the most open and robust platform for the
free exchange of information ever devised. Keeping the Internet open is perhaps the most important free speech issue
of our time.
host density below the tipping point required for an epidemic. If we are well prepared when an
epidemic arrives, we can fluidly shift into a self-quarantined society in which microbes fail
due to host scarcity. Whatever the social ills of isolation, they are worse for the microbes than for
us. The internet will predict natural disasters We are witnessing the downfall of slow central
control in the media: news stories are increasingly becoming user-generated nets of up-to-theminute information. During the recent California wildfires, locals went to the TV stations to
learn whether their neighbourhoods were in danger. But the news stations appeared most
concerned with the fate of celebrity mansions, so Californians changed their tack: they uploaded
geotagged mobile-phone pictures, updated Facebook statuses and tweeted. The balance tipped:
the internet carried news about the fire more quickly and accurately than any news station
could. In this grass-roots, decentralised scheme, there were embedded reporters on every block,
and the news shockwave kept ahead of the fire. This head start could provide the extra hours that
save us. If the Pompeiians had had the internet in 79AD, they could have easily marched 10km to
safety, well ahead of the pyroclastic flow from Mount Vesuvius. If the Indian Ocean had the
Pacifics networked tsunami-warning system, South-East Asia would look quite different
today. Discoveries are retained and shared Historically, critical information has required
constant rediscovery. Collections of learning -- from the library at Alexandria to the entire
Minoan civilisation -- have fallen to the bonfires of invaders or the wrecking ball of natural
disaster. Knowledge is hard won but easily lost. And information that survives often does not
spread. Consider smallpox inoculation: this was under way in India, China and Africa centuries
before it made its way to Europe. By the time the idea reached North America, native
civilisations who needed it had already collapsed. The net solved the problem. New
discoveries catch on immediately; information spreads widely. In this way, societies can
optimally ratchet up, using the latest bricks of knowledge in their fortification against risk.
Tyranny is mitigated Censorship of ideas was a familiar spectre in the last century, with stateapproved news outlets ruling the press, airwaves and copying machines in the USSR, Romania,
Cuba, China, Iraq and elsewhere. In many cases, such as Lysenkos agricultural despotism in the
USSR, it directly contributed to the collapse of the nation. Historically, a more successful
strategy has been to confront free speech with free speech -- and the internet allows this in a
natural way. It democratises the flow of information by offering access to the newspapers of the
world, the photographers of every nation, the bloggers of every political stripe. Some posts are
full of doctoring and dishonesty whereas others strive for independence and impartiality -- but all
are available to us to sift through. Given the attempts by some governments to build firewalls, its
clear that this benefit of the net requires constant vigilance. Human capital is vastly increased
Crowdsourcing brings people together to solve problems. Yet far fewer than one per cent of
the worlds population is involved. We need expand human capital. Most of the world not have
access to the education afforded a small minority. For every Albert Einstein, Yo-Yo Ma or Barack
Obama who has educational opportunities, uncountable others do not. This squandering of talent
translates into reduced economic output and a smaller pool of problem solvers. The net opens
the gates education to anyone with a computer. A motivated teen anywhere on the planet can
walk through the worlds knowledge -- from the webs of Wikipedia to the curriculum of MITs
OpenCourseWare. The new human capital will serve us well when we confront existential
threats weve never imagined before. Energy expenditure is reduced Societal collapse can
often be understood in terms of an energy budget: when energy spend outweighs energy return,
collapse ensues. This has taken the form of deforestation or soil erosion; currently, the worry
involves fossil-fuel depletion. The internet addresses the energy problem with a natural
ease. Consider the massive energy savings inherent in the shift from paper to electrons -- as seen
in the transition from the post to email. Ecommerce reduces the need to drive long distances to
purchase products. Delivery trucks are more eco-friendly than individuals driving around, not
least because of tight packaging and optimisation algorithms for driving routes. Of course, there
are energy costs to the banks of computers that underpin the internet -- but these costs are less
than the wood, coal and oil that would be expended for the same quantity of information flow.
The tangle of events that triggers societal collapse can be complex, and there are several
threats the net does not address. But vast, networked communication can be an antidote to
several of the most deadly diseases threatening civilisation. The next time your coworker
laments internet addiction, the banality of tweeting or the decline of face-to-face conversation,
you may want to suggest that the net may just be the technology that saves us.
1AC Plan
1AC - Solvency
Solvency
The Surveillance State Repeal Act would only allow for
targeted surveillance while removing the legal
justifications for mass surveillance.
Buttar, 15
(Shahid, executive director, leads the Bill of Rights Defense Committee in its efforts to restore civil liberties, constitutional rights, and
rule of law principles undermined by law enforcement and intelligence agencies within the United States. 4-18-15.
http://www.occupy.com/article/can-surveillance-state-repeal-act-shift-course-spying)
Eager to reset the debate and anchor it in long overdue transparency, a bipartisan block of
representatives have introduced a bill to restore civil liberties, privacy, and freedom of
thought. The Surveillance State Repeal Act, HR 1466, would do this by repealing the twin
pillars of the NSA dragnet: the PATRIOT Act (not only the three expiring provisions) and the 2008
FISA amendments. On multiple occasions, executive officials have lied under oath to congressional oversight committees
about the scope of domestic surveillance. Yet the very same officials still appear in oversight hearings as if they maintained any
credibility. It took whistleblowers resigning their careers to prove that senior government officials blithe assurances to Congress were
in fact self-serving lies. Some members of Congress paid attention: the authors of the PATRIOT Act moved to curtail their own
legislative opus, and have encouraged their colleagues not to reauthorize the expiring provisions unless they are first curtailed .
HR 1466 (the SSRA) represents a profound challenge by members of Congress from across
the political spectrum fed up with the national security establishment and its continuing
assault on our Constitution.
By repealing the twin pillars of the surveillance dragnet, the SSRA would essentially shift
the burden of proof, forcing intelligence agencies like the NSA and FBI to justify the
expansion of their powers from a constitutional baseline, rather then the illegitimate status
quo.
Most policymakers forget the 9/11 commissions most crucial finding: the intelligence community's failures that enabled the 9/11
attacks were not failures of limited data collection, but rather failures of data sharing and analysis.
Over the last 15 years, Congress has allowed the agencies to expand their collection
capacities, solving an imaginary problem while creating a host of real threats to U.S.
national security far worse than any act of rogue violence: the specter of state omniscience ,
immune from oversight and accountability, and thus vulnerable to politicization. This was among the fears of which President
Eisenhower warned us in his last speech as President.
Meanwhile, the SSRA would preserve what the PATRIOT Acts authors have said they
meant to authorize: targeted investigations of particular people suspected by authorities to
present potential threats.
HR 1466 would also advance transparency, both by protecting conscientious whistleblowers from the corrupt retaliation of agencies
and careerists, and by giving judges on the secret FISA court access to technical expertise they have been denied.
Finally, the bill would directly address disturbing government duplicity, prohibiting agencies
from hacking encryption hardware and software, and from using an executive order
authorizing foreign surveillance as a basis to monitor Americans.
unveiled their
This isnt just tinkering around the edges, Pocan said during a Capitol Hill briefing on
the legislation. This is a meaningful overhaul of the system, getting rid of essentially all
parameters of the PATRIOT Act.
The PATRIOT Act contains many provisions that violate the Fourth Amendment and have
led to a dramatic expansion of our domestic surveillance state , added Massie (R-Ky.), who co-authored
the legislation with Pocan. Our Founding Fathers fought and died to stop the kind of warrantless spying and searches that the
PATRIOT Act and the FISA Amendments Act authorize. It is long past time to repeal the PATRIOT Act and reassert the constitutional
rights of all Americans.
The House bill would completely repeal the PATRIOT Act, passed in the days following the 9/11 attacks, as well as the 2008 FISA
Amendments Act, which permits the NSA to collect Internet communications a program exposed by former NSA contractorturned-whistleblower Edward Snowden.
Likewise, the bill would reform the court that oversees the nations spying powers, enhance
protections for whistleblowers, and stop the government from forcing technology companies
to create easy access into their devices.
The warrantless collection of millions of personal communications from innocent Americans is a direct violation of our constitutional
right to privacy, declared Congressman Pocan, adding, Revelations about the NSAs programs reveal the extraordinary extent to
which the program has invaded Americans privacy. I reject the notion that we must sacrifice liberty for security. We can live in a
secure nation which also upholds a strong commitment to civil liberties.
Massie stated, Really, what we need are new whistleblower protections so that the next Edward Snowden doesnt have to go to
Russia or Hong Kong or whatever the case may be just for disclosing this."
According to The Hill, the bill is not likely to gain much traction, as leaders in Congress have been worried that even much milder
reforms to the nations spying laws would tragically handicap the nations ability to fight terrorists.
A 2013 Surveillance State Repeal Act never picked up any momentum, and even bills with
smaller ambitions have failed to gain passage. Senator Patrick Leahy (D-Vt.) introduced the
USA Freedom Act in 2014, which sought to curtail the amount of mass surveillance that
could be performed by the NSA and other groups.
As predicted, however, the bill was dramatically watered down during the consensus
process. The White House signaled its strong support for the bill only after privacy protections and transparency provisions were
substantially weakened.
Privacy advocates who once supported the USA Freedom Act were dismayed by its
transformation into a consensus bill, which no longer prevented the NSA or FBI from
warrantlessly sifting through international communications databases.
Some critics even argued that the USA Freedom Act in its final form would have expanded
NSA authorities because of its vague wording about what constituted a connection
between call records.