Archive | Big Government

International Bullshit Day

Today (January 28) is Data Protection Day (Europe) or Data Privacy Day (US and Canada).

From Wikipedia…

Data Privacy Day’s educational initiative originally focused on raising awareness among businesses as well as users about the importance of protecting the privacy of their personal information online, particularly in the context of social networking. The educational focus has expanded over the past four years to include families, consumers and businesses. In addition to its educational initiative, Data Privacy Day promotes events and activities that stimulate the development of technology tools that promote individual control over personally identifiable information; encourage compliance with privacy laws and regulations; and create dialogues among stakeholders interested in advancing data protection and privacy. The international celebration offers many opportunities for collaboration among governments, industry, academia, nonprofits, privacy professionals and educators.

Splendid! Or..?

Let’s follow the money. Among participating organisations and corporate supporters are: FTC, FCC, FBI, New York State Attorney General Office, UK Information Commissioner, Microsoft and Verizon.

Yeah, right!

The core question when it comes data protection / privacy is: Who is the owner of your personal data? Is it you? Or someone else?

The EU is in the process of hammering-out new data protection laws. In this work US government and corporate lobbyists, as well as most EU member states are working hard to take away your control over your personal data.

They paint one image. But the do the opposite.

So–IMHO–Data Protection Day / Data Privacy Day is mostly astroturf.

If you really want to celebrate January 28 – you should support European Digital Rights (EDRi) and the Electronic Frontier Foundation (EFF).

/ HAX

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Hacking politics

A free and open internet, copyright reform, mass surveillance, data protection and civil rights are all issues where the rules are decided in politics. But politics is not always a fair and open democratic process. And change do not always has to be initiated from within the traditional political system.

Former Pirate Party member of the European Parliament (MEP) Amelia Andersdotter this weekend delivered a piece over at TorrentFreak: Pirate Party MEP Fails to Deliver True Copyright Reform »

Here she criticises newly elected German Pirate MEP Julia Reda for her report on EU copyright reform. Andersdotter writes “De facto, Julia Reda is more conservative than the European Commission, and this is a massive problem for representative democracy.”

In defence of Reda, one could say that she has written a report (not legislation) that the European Parliament might be able to accept. This report, written by some other MEP, probably would have been right out damaging. Reda has picked the fights she might be able to win.

But that still leave us with the problem that there might be no real copyright reform in the EU, if left to the EU institutions. Which brings me back to my thesis that you need external pressure in combination with inside political initiatives to change things. To get toothpaste out, you have to apply pressure to both sides of the tube.

I have worked with internet related issues inside the European Parliament. Before that I was an activist outside the EU institutions. Frankly I cannot say when I had the best possibility to influence, to change things. Inside you have resources, not available to activists. But outside you are a voice from reality, of the people–that most politicians will have difficulties to ignore. (Especially if you manage to involve the media.)

Inside the political system you have a choice between different strategies.

You can burry yourself in details. That ought to be a reasonable approach. But in reality you will find yourself in a never ending flood of paper. To do this you need vast resources when it comes to time, manpower and expertise.

The other inside strategy is simply being there. To offer others your perspective, to ask the hard questions, to lead media in the right direction, to be a visionary and a crusader with a cause. For small political organisations, with small resources–this might be the easier way to go.

One, two, twenty or no internet friendly MEP:s or MP:s–most of us will still be outside the parliamentary and political system. But we can make a difference. We are the ones who shape public opinion. We are civil society. We can make politicians jump. To do so, we just have to take action.

/ HAX

Links:
Pirate Party MEP Fails to Deliver True Copyright Reform »
Christian Engström: Political Activism (Pirate Visions) »

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NSA and the God effect

In a way, it’s strange that governments are so secretive about mass surveillance.

For thousands of years religion has been used to control peoples behaviour. The notion of an omnipresent, all-seeing, all-knowing entity has been used to make people follow different sets of rules.

He knows if you have been bad. So you better behave.

The same can be said about blanket mass surveillance. If you break the rules, government might know–and go after you. So you better co-operate, participate and obey.

Obviously, this has a downside. It will kill a free and open conversation, it will dampen opposition, it will discourage protests and it will deter free and investigative journalism. It will lead to self-censorship and it will foster a nation of spineless serfs.

So… governments ought to love that the cat is out of the bag.

/ HAX

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16 December: Sentencing in the Barrett Brown Case

Today–Tuesday December 16–a Dallas federal court will deliver its sentence in the Barrett Brown case. It all started with copy-pasting a link.

Writer, journalist and hacktivist Barrett Brown was the leading force in Project PM–a journalistic project scrutinizing private intelligence and security firms running outsourced contracts for the US Government.

The material came from a data dump retrieved by hackers said to belong to the Anonymous network. Even though Brown did not take part in this operation himself, he had access to the site where the information was stored.

His problems started when he copy-pasted a link to this site to Project PM. As the data dump contained all sorts of information (e.g. credit card information) it was possible for the authorities to go after him. From the Free Barret Brown website

“Having previously been raided by the FBI on March 6, 2012 and not arrested or charged, on September 12, 2012 Barrett Brown was again raided and this time arrested by the Federal Bureau of Investigation while he was online participating in a Tinychat session. He was subsequently denied bail and detained without charge and adequate medical treatment for over two weeks while in the custody of US Marshals. In the first week of October 2012, he was finally indicted on three counts, related to alleged activities or postings on popular websites such as Twitter and YouTube.”

“On December 4, 2012 Barrett was indicted by a federal grand jury on twelve additional counts related to data from the Stratfor breach. Despite his lack of direct involvement in the operation and stated opposition to it, he faces these charges simply for allegedly pasting a hyperlink online. On January 23rd, 2013 he was indicted a third time on two more counts, relating to the March 2012 FBI raid(s) on his apartment and his mother’s house.”

After that, everything was blown out of proportion. The Daily Beast reports…

“The government’s actions in this case have been extreme. Prosecutors in the Northern District of Texas have written that Brown, along with the activist group Anonymous, sought to overthrow the U.S. government. They tried to seize funds that were raised for his legal defense. They obtained a gag order against the defendant and his lawyers restricting what they could say about the case for several months. They sought to identify contributors to a website where Brown and others dissected leaks and researched shady links between intelligence contractors and governments. Perhaps most egregious of all, they pursued a case against Brown’s mother, who was forced to plead guilty to a misdemeanor related to a separate FBI raid on her home, resulting in six months probation and a $1,000 fine.”

This far into the case, Brown faced a life time prison sentence and accepted a plea agreement.

Dallas Morning News describes what happened next…

“But the U.S. attorney’s office asked Lindsay to drop those charges in March. The charges, which were dismissed, accused Brown of trafficking in stolen data and aggravated identity theft.”

“The most serious charge remaining against Brown was the one involving threats to the FBI agents. Brown made some of the expletive-laced threats in a YouTube video he posted in which he said he would shoot any federal agents who came for him. Brown also said in a video that he would ruin one FBI agent’s life and look into his kids.”

Today we will know the outcome of this affair. Prosecutors seek a 8.5 year prison sentence. And the defence is going for time served.

Governments (not only the US Government) outsourcing intelligence and security operations to private companies is a problem–as it withdraws information about what is going on from democratic oversight.

The Barrett Brown case also is a matter of freedom of the press.

In the wake of the Snowden files exposing NSA mass surveillance, one should be extra vigilant. From the Project PM we already have had a glimpse of what is going on. For instance private US intelligence contractors have been involved in secret operations to discredit and damage Wikileaks and its editor in chief Julian Assange.

On a tragic side note–renowned US national security journalist Michael Hastings was about to dig deeper into the Project PM material (and the Barrett Brown case)–when he reportedly found himself being investigated by the FBI. Unfortunately Hastings died when his car exploded in a single car crash in Los Angeles, in the early morning hours of June 18, 2013.

This really is an intriguing and disturbing affair.

Free Barrett Brown | Project PM | Barrett Brown on Wikipedia

/ HAX
(proud contributor to the Barret Brown defense fund)

Some additional links:
Peter Ludlow: Barrett Brown case smacks of oppression »
Sentencing Looms for Barrett Brown, Advocate for “Anonymous” »
Why everyone should care about journalist Barrett Brown’s sentencing today »
Journalist Barrett Brown Faces Sentencing on Tuesday After Two Years Behind Bars »

Update: Barrett Brown sentencing delayed until January 22, 2015 »

Update 2: The Intercept–The Latest Twist in the Bizarre Prosecution of Barrett Brown »

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Mass surveillance, power and control

There seems to be an irreversible flow of power–from the people to the government.

It happens all over the world, on all levels. In the EU there is also a flow of power from member states to Bussels. And power moves from democratic institutions to non-elected officials and bureaucrats.

Whilst this is a general problem–blanket mass surveillance makes it even more severe. It accentuates and accelerates the ongoing power shift.

Politics is the business of power. In principle, no one in a leading political position would be there unless he or she is willing to fight and outmaneuver others. Politicians are appointed by a method of selection by domination that rewards characteristics that are disagreeable, objectionable and dangerous. The same goes for career bureaucrats and most high functionaries.

Giving such people a tool like mass surveillance is unwise. They will use it for their own purposes. Because they can.

This is not about fighting terrorism or criminals. It’s all about power. And it works in two different ways.

The first is because information is power: Controlling and tapping into the flow of information is a source of power in it self.

The second is control: Mass surveillance is there to make sure that people obey. To identify and to stifle dissent. To protect the people in power from the general public. In the name of some supposed “national interest”.

This is not how things are supposed to be in a democracy.

/ HAX

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A never ending struggle

For some days I have been a complete political news junkie–as the latest Swedish government just went down in flames. Looking forward, naturally I have some general preferences about who should rule my country. (Even if a lame duck administration as the present one isn’t all that bad. Hopefully it will not be able to do a lot of stupid stuff.)

But when it comes to some of my favourite issues, I’m frustrated.

We have the centre-right parties (in power until September 2014)–being really bad on surveillance, ignorant at best when it comes to data protection and in the grip of the copyright industry.

Then we have the socdem-greens (that, in practice, fell from power yesterday). The Social Democrats are just as bad as the centre-right people in these matters. And the Greens are selling out on the same issues, just for the grandeur of being in government. (Come on, give the Ring back to the nice Mr. Frodo.)

The third group (causing most of the stir) are some nationalist, xenophobic and semi-populists. Again, they are just as bad. (I guess that they haven’t realised that they are a given target for government surveillance.) And in general they are occupied with nostalgia rather than issues concerning the future.

Finally we have the Pirate Party, not even in the Swedish parliament with only 0.43 per cent of the votes in the latest elections. (So I guess the general population doesn’t bother about these issues either…)

Still, the surveillance issues are important–and rather pressing. What the government does in the EU is important as we are in the process of hammering-out new European data protection rules. And an European copyright reform.

In the bigger picture a free and open Internet is essential for democracy, culture, business, science and education. Yet, in Sweden 99,57 per cent of the votes are casted on political parties more or less uninterested, ignorant or plain evil when it comes to Internet and surveillance matters.

And it seems that Sweden isn’t unique. The picture is the same in most countries.

In dark moments I think this might be just as well. There are no guarantees that politicians will do the right thing, even if they are interested. So it might be better to trust spontaneous order, peoples creativity, the market and net freedom activists to be one step ahead and to raise objections if politicians go wrong.

The problem is, politicians go wrong about the Internet, surveillance, data protection, copyright and civil liberties all the time. The fact that they are uninterested or ignorant doesn’t stop them. In most cases they just rubber stamp papers that government officials hand them, anyway. Politics is in the equation, like it or not.

So we need to apply a constant external pressure on politics. To show the way, to campaign and to hit politicians and government officials hard when they do something stupid or dangerous.

It’s a never ending struggle.

/ HAX

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How to fight the dark forces of Government

There is this article in The Boston Globe that has been nagging my mind for a few days now: Vote all you want. The secret government won’t change. »

Despite the dramatic headline, this is not about conspiracy theories. It’s about Tufts University political scientist (and former legal counsel to the Senate Foreign Relations Committee and a consultant to various congressional committees, as well as to the State Department) Michael J. Glennon and his book National Security and Double Government.

The core issue is the Obama u-turn on national security.

“But six years into his administration, the Obama version of national security looks almost indistinguishable from the one he inherited. Guantanamo Bay remains open. The NSA has, if anything, become more aggressive in monitoring Americans. Drone strikes have escalated. Most recently it was reported that the same president who won a Nobel Prize in part for promoting nuclear disarmament is spending up to $1 trillion modernizing and revitalizing America’s nuclear weapons.”

The thing, according to Glennon, is that politicians are generalists–in the hands of their own administration and its experts. And these experts have many reasons to exaggerate threats.

That sounds like a plausible and reasonable analysis. Even though the word “generalists” might be overly polite.

Now, looking at Europe and the EU we have the same set of experts as in the US–in the Commission, in the Council and to some extent in the European Parliament.

And we have the issue of lobbyism. (Even though public attention is directed towards lobbyists in the Parliament, the real issue ought to be lobbyism directed towards the Commission and its staff.)

Then we have something that few people know about: The European Commission has some 250 different committees with around 7,000 “contributors”. And at least 1,000 (maybe up to 3,000) specialist groups with more than 40,000 “experts”. All of these with an agenda. And this is where EU policy is crafted out.

This is why it is almost impossible to get something done when it comes to e.g. data protection, mass surveillance or copyright reform in the Parliament. The power doesn’t lie with the elected politicians.

So, are we screwed? Is democracy just an illusion? In many cases, the answer seems to be yes. But Glennon gives us a glimmer of hope…

“The ultimate problem is the pervasive political ignorance on the part of the American people. And indifference to the threat that is emerging from these concealed institutions. That is where the energy for reform has to come from: the American people. Not from government. Government is very much the problem here. The people have to take the bull by the horns. And that’s a very difficult thing to do, because the ignorance is in many ways rational. There is very little profit to be had in learning about, and being active about, problems that you can’t affect, policies that you can’t change.”

From an European perspective we know that public opinion did put an end to the ACTA agreement (restricting the openness and freedom of the Internet). We also know that such occurrences are very rare. And that they depend on huge efforts from activists, civil society and the media. But–it can be done.

This is the first lesson in fighting the political apparatus: Know thy enemy.

/ HAX

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Something might be rotten in the state of Denmark…

This week Pirate Bay co-founder Gottfrid Svartholm Warg was sentenced to three and a half years in prison, for hacking the Danish branch of (NSA connected) IT company CSC.

The court was not united in its ruling, there were actually no solid evidence and the circumstances were identical to a Swedish case in which GSW was acquitted in high court. Regardless what he might or might not have done, this process has been rather dubious.

GSW (a.k.a. Anakata) is an high profile target for authorities–founding the Pirate Bay, hosting Wikileaks and being a menace to the ruling political class in general.

I cannot free myself from the feeling that the Danish case was just another go at it, when the establishment couldn’t get him convicted in the Swedish case. And yes, they can do that: Under EU mutual recognition of legal systems and the European Arrest Warrant double jeopardy (and possibly also habeas corpus) is being eroded.

It seems that our leaders have got themselves yet another way to silence rebels.

Some links…
Pirate Bay founder guilty in historic hacker case »
Pirate Bay Founder Convicted on Hacking Charges »
Pirate Bay founder handed 3.5 year prison sentence »

/ HAX

0

When do you become a terrorist?

We have learned that mass surveillance and shady intelligence operations are not just about national security. The wider term “national interest” is often used and it is obvious that some practices in this area are used to curb dissent.

The NSA has engaged in surveillance of economic targets. In my country, Sweden, surveillance laws openly mention national economic interest. Intelligence organisations, counter espionage and the police often have a clearly stated objective to preserve existing structures and status quo in society.

Obviously we can expect some interesting conflicts in this field.

Wikileaks is a high profile example. Truth about what’s really going on is not popular with politicians and in the government apparatchik. So they use what resources they have to silence or to discredit the messenger.

And what will happen when governments realize that they are losing their grip on money?

It doesn’t have to be a breakdown of the traditional monetary system. (Though, it might be.) My guess is that a wider adoption of digital currencies would be enough do the trick. That would move power from the state to citizens in a way most governments cannot tolerate.

Take Cyprus as example: It wouldn’t have been possible for the Cypriot government to confiscate a large portion of citizens bank deposits if people had been using Bitcoins instead of Euros.

Or imagine what will happen if people move to adopt digital currency because it is more stable than government fiat money. This would cause serious political problems. Probably to the extent where governments won’t have it anymore.

The mere possibility that something (that politicians don’t really understand) could undermine national currencies and our centralized, controlled economies will be considered a major worry. Possibly big enough for governments to let the dogs loose. And if that happens, the digital currency community will be considered and treated like other threats to society. Like terrorists.

It will not only be individuals. From the Snowden files we have learned that governments now are labeling categories of people as terrorists, with no need for proof of any “wrongdoing” on an individual level.

Anonymity and cryptography are other concerns for government, that might be serious enough for it to pick a fight over. And tomorrow will bring other, brand new challenges to government power and authority.

We do live in interesting times.

Personally I consider decentralized systems, openness, pluralism, privacy and civil rights to be crucial for a free, democratic and tolerable society. Important enough to fight for. But I also know our enemies. So I fear that we might be in for a bumpy ride.

/ HAX

Some links:
Blacklisted: The Secret Government Rulebook For Labeling You a Terrorist »
Snowden Documents Reveal Covert Surveillance and Pressure Tactics Aimed at WikiLeaks and Its Supporters »
How Covert Agents Infiltrate the Internet to Manipulate, Deceive, and Destroy Reputations »

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The enemy stands at our gates

Twitter, TOR, encryption and P2P-solutions for safe communications have been important tools for democracy activism in many far away countries. And now we in Europe must realize that a free and open Internet might be of the utmost importance–for exactly the same reason–for us.

Government is getting more and more non-transparent. War on terror is eroding democracy. War on drugs is wearing down the rule of law. The close cooperation between some European countries and the NSA is undermining our civil rights.

And in some places authoritarian tendencies are now being hailed to become official policy. For example in Hungary, where prime minister Viktor Orbán recently declared that the era of liberal democracy is over. Now he points to countries like Russia, Turkey, Singapore and China as successful role models.

This is serious stuff. We didn’t stop the ruling political class from obtaining very strong and far reaching tools for mass surveillance. And now–an EU nation is actually deliberating to leave the road of democracy and civil liberties.

Actually, most tools for surveillance and censorship that are used to control people in dark places are not created exclusively for those countries. It is the default configuration for practically all our telecoms systems, placed there on request from our own police forces, our own intelligence bureaucrats and with the blessing from our own politicians.

And then, suddenly the political system changes towards authoritarian and totalitarian standards.

Oups.

We urgently need to reinforce our systems for encryption, anonymity and safe communications. The enemy stands at our gates.

/ HAX

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