LONDON – A year has passed
since the American former intelligence contractor Edward J. Snowden began
revealing the massive scope of Internet surveillance by the U.S. National
Security Agency.
His disclosures have elicited public outrage and
sharp rebukes from close U.S. allies like Germany, upending rosy assumptions
about how free and secure the Internet and telecommunications
networks really are.
Single-handedly Snowden has changed how people
regard their phones, tablets and laptops, and sparked a public debate about the
protection of personal data.
What his revelations have not done is bring
about significant reforms.
To be sure, U.S. President Barack Obama, spurred
by an alliance between civil society organizations and the technology industry, has taken some action. In a
January speech, and an accompanying presidential policy directive, Obama
ordered American spies to recognize that “all persons should be treated with
dignity and respect, regardless of their nationality or wherever they might
reside, and that all persons have legitimate privacy interests in the handling
of their personal information.”
Some specific advances, unprecedented in the
shadowy world of intelligence agencies, have accompanied this rhetorical
commitment to privacy. When technology companies sued the government to release
details about intelligence requests, the Obama administration compromised,
supporting a settlement that allows for more detailed reporting. Under this
agreement, companies have the option of publishing figures on data requests by
intelligence agencies in ranges of 250 or 1,000, depending on the degree of
disaggregation of the types of orders.
Though this represents a step forward, it is far
from adequate, with gaping loopholes that prohibit reporting on some of the
most notorious NSA programs such as the dragnet collection of phone records
under Section 215 of the USA Patriot Act.
Moreover, Obama has demurred on the most
significant recommendations of the independent review group that he appointed.
And the USA Freedom Act, which was meant to stop
the mass collection of Americans’ phone records, is being diluted by a set of
amendments that would enable the government to continue collecting metadata on
millions of individuals without their consent.
This metadata — covering whom we talk to, when
and for how long — can reveal as much about our private lives as the content
itself.
Relative to the rest of the world, the United
States has taken the strongest action since the Snowden revelations began. Of
course, Snowden exposed more about the U.S. government’s surveillance
activities than any other country. But the documents also included egregious
examples of overreach by the Government Communications Headquarters, the United
Kingdom’s signals intelligence agency and information about intelligence
sharing in the so-called “Five Eyes” network of the United States, the United
Kingdom, Canada, Australia, and New Zealand.
The agreements that govern the pooling and
exchange of intelligence among these governments remain closely guarded
secrets. Continue reading…
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