Saturday, April 12, 2014

NSA vs. Citizens of the World.

by Brian T. Lynch

Before Edward Snowden blew the whistle on the clandestine activity of the National Security Agency (NSA) and selectively released documents to the press, no one had any idea what the NSA was up to. This apparently included the President of the United States and the Congressional Select Committee on Intelligence that is charged with agency oversight. 

The Select Committee on Intelligence initially denied the validity of Snowden's claims because they, too, were in the dark about NSA operations. Once the Committee got a hold of Snowdon's documents and investigated, they learned that the NSA concealed a great deal about its operations from Congress and even lied to Congress on occasions to protect its secrets. Since them more has surfaced from release of Snowden's NSA documents. Among the revelations:

  • NSA engaged in mass surveillance of US citizens as well as the citizens of allied nations.
  • NSA collected metadata on all US domestic phone calls and subjected them to powerful meta analysis that can reveal very personal information about citizens not connected in any way with terrorism.
  • NSA collected and analyzed all, or nearly all domestic and foreign emails. 
  • NSA engaged in domestic spy on human rights organizations, also not connected in any way with international. terrorism or criminal activity. 
  • NSA spied on other international human rights organizations. 
  • NSA breached its own protocols many times and targeted innocent civilians for scrutiny.
  • NSA tapped the personal cell phones of world leaders who are our allies.
  • NSA listened in on lawyers negotiating international trade agreements.
  • NSA spied on the UN and on the UN Children's Fund.
  • NSA broke the encryption code that protects financial business transactions worldwide.
  • NSA has (and may still be) provided U.S. law enforcement agencies with secretly and illegally obtained evidence in domestic criminal cases, even non-violent criminal cases, without ever informing the defendant or the courts of the evidence or its source.

AND this is not a comprehensive list of the illegal, unconstitutional or questionable activities in which the NSA has engaged.

Discussion about these issues began to take place for the very first time only after Snowden brought them to light. These discussions are now taking place worldwide, because before Snowden, no one knew these things were even happening.

Here in the U.S., the investigation of Snowden's claims has prompted Congress and the Obama Administration to being reorganizing and reforming the NSA. It's abusive practices are being curtailed. President Obama has personally and publically apologized to world leaders for the conduct of the NSA. Other nations are now exploring the issues raised by Snowden's revelations and considering how NSA technology in the wrong hand might threaten human rights.

These are the fact that are now out in the open. The main stream media has been far to silent and passive in covering this scandal. Most people remain unaware of the scope and significance of the NSA's illegal activities. This agency has significantly violated our constitution and our personal civil rights. With or without the help of the national press, we have a responsibility as citizens to explore these issues and pass judgment on the activities or our government.

Here is the full video link of Edward Snowden's testimony on April 8, 2014, before the Council of Europe hearing on Mass Surveillance and Whistle Blowing. It is compelling testimony with serious implications, and demonstrates once again, that the rest of the civilized world is having an important discussion about the threat posed by mass surveillance which is absent here in the United States. Our main stream media gave little attention to this event. The United States Government was invited to participate in these discussions, but declined.
http://clients.dbee.com/coe/webcast/index.php?id=20140408-1&lang=en

To be clear, no one disputes the fact that Mr. Snowden broke laws when he turned over classified documents to the press. What he did was clearly illegal. But his actions should be weighed against the greater good that may have resulted from these disclosures. Yes, the law is the law, but justice is our goal and mercy is our higher value. We may want to strike a balance in this case between what laws Snowden broke and the harm that would have followed if NSA abuses had not been brought to our attention. Public discussion and ultimately public opinion following civil dialogue should the final judge in this case.

With respect to prosecution, how do we proceed when government wrong doing is at the heart of the case? I believe this is very much a matter for public debate to seek a popular consensus on his fate. We, the people, should be the jury here. We would be abdicating our responsibilities as citizens to close our eyes and let the establishment laws deal with him when we are all plaintiffs and the government itself is the accused.

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