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US Freedom Act a ‘surveillance act in disguise’ – ex-MI5 agent

RT | August 30, 2015

The US is playing games with public trust by passing different versions of the same intrusive surveillance system, a modern day Panopticon. Any alleged changes to the bulk collection program are purely cosmetic, according to ex-MI5 agent Annie Machon.

The recently passed USA Freedom Act was hailed as a stepping stone on the way to renewed public trust after the highly controversial Section 215 of the Patriot Act, which expired in May. Under the new law, the practice of bulk data collection on US citizens will be entrusted to telecom companies, and the NSA will be able to obtain the records through seeking a warrant from the FISA court.

So what does this recent decision mean with regards to the NSA’s bulk collection program, and can Americans feel more at ease about the security of their phone data with the introduction of the new Freedom Act? RT asked the former MI5 agent-turned-whistleblower for her take.

RT: Firstly, what’s your take on this? It’s an isolated court case, you could say, but does it have any big impact, do you think, on the NSA spying program.

Annie Machon: It’s business as usual for them. I’m sure they’re very happy to be told what they’re doing is legal, now. I mean, there have been a number of challenges, where different levels of courts in the US have said bulk metadata collection is legal; it’s illegal; it’s legal again. But, actually, what they’ve been doing is just business as usual under the 215 Section of the Patriot Act, which I think Congress was due to re-ratify at the beginning of June, but it became a bit gridlocked in the whole system. So, you know, they will be very happy with this result.

RT: Certainly, President Obama seems very happy. You know, the White House has hailed the ruling. But earlier in the year, we did hear Obama saying “We’re promising to reform things, too.” Do you think there’s been a significant change in attitude in the White House?

AM: I think they’ve passed the buck, basically, to the judiciary to take the hard decisions. So, now they’ve got this ruling, they don’t need to make the hard political decisions. They’ll just say, “Well, the judge just said its constitutional; that’s fine,” which is bad enough for the American citizens, within America, who will continue to be spied on extensively in the face of this nebulous and ever-changing terrorist threat. However, of course, none of this, whatsoever, had any relevance to the rest of us around the world, where the NSA could merrily go on spying on us all, to every degree they want to, because we’re not American citizens. So, it’s a bit of a back step for privacy advocates in America, but it’s no change for the rest of us.

RT: Yeah, you say no change, Annie, but you know, we’ve got the new Freedom Act to look forward to, too. You know, the one that will replace the Patriot Act. Surely, that’s a step forward, though, isn’t it?

AM: That’s one for Orwellian Newsspeak, I think. “You’re free.” No you’re not. It’s not a freedom act; it’s a surveillance act. They’re trying to recast it to make it sound good, but it’s not. And even if that’s the case in America, even if the NSA were reigned in, and they were not allowed to spy on American citizens, all they have to do is ask their buddies in the Five Eyes group, which would be Canada, New Zealand, Australia, or the UK, to do the spying for them, which would be perfectly legal under any of those countries’ oversight systems, and then just pass the information to the Americans. So, it is, as I said, very much business as usual. They will always find a way to subvert any notional political oversight within their own countries by sharing this information between themselves, and spying on everyone else’s systems. So, we are all still, very much, living under a global Panopticon.

And none of this has any real impact on protecting us from terrorism. We’ve seen this time, and time again. An NSA whistleblower, Thomas Drake, senior staff, said that, actually, there was a lot of information the NSA had in the run up to 9/11, and yet it was not communicated or acted upon appropriately, so the attack occurred. And then we see current and very recent intelligence chiefs in America saying, for example, you know, “Well it stopped all these terrorism attacks.” And they’ve been caught lying under oath to Congress about this. This bulk metadata creates a huge haystack from which no needles have, effectively, been found.

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August 31, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

NSA Spying Ruled Illegal, But Will Congress Save the Program Anyway?

By Ron Paul | May 10, 2015

This week the Sixth Circuit Court of Appeals ruled that the NSA’s metadata collection program was not authorized in US law. The PATRIOT Act, under which the program began, was too vague, the court found. But the truth is the Act was intended to be vague so that the government could interpret it in the broadest possible way.

But this is really more of a technicality, because illegality and unconstitutionality are really two very different things. Even if Congress had explicitly authorized the government to collect our phone records, that law would still be unconstitutional because the Constitution does not grant government the power to access our personal information without a valid search warrant.

Even though the court found the NSA program illegal, it did not demand that the government stop collecting our information in this manner. Instead, the court kicked the ball back in Congress’ court, as these provisions of the PATRIOT Act are set to expire at the end of the month and the Appeals Court decided to let Congress decide how to re-authorize this spying program.

Unfortunately, this is where there is not much to cheer. If past practice is any lesson, Congress will wait until the spying program is about to expire and then in a panic try to frighten Americans into accepting more intrusions on their privacy. Senate Majority Leader Mitch McConnell has already put forth a new bill as a stop-gap measure to allow time for a fuller debate on the issue. His stop-gap? A five year re-authorization with no changes to the current program!

The main reform bill being floated, the FREEDOM Act, is little better. Pretending to be a step in the right direction, the FREEDOM Act may actually be worse for our privacy and liberties than the PATRIOT Act!

One silver lining in the court decision is that it should exonerate Ed Snowden, who risked it all to expose what the courts have now found was illegal US government activity. That is the definition of a whistleblower. Shouldn’t he be welcomed back home as a hero instead of being threatened with treason charges? We shouldn’t hold our breath!

This week Snowden addressed a conference in Melbourne, Australia, informing citizens that the Australian government watches all its citizens “all the time.” Australia’s program allows the government to “collect everyone’s communications in advance of criminal suspicion,” he told the conference. That means the government is no longer in the business of prosecuting crimes, but instead is collecting information in case crimes someday occur.

How is it that the Australian government can collect and track “pre-crime” information on its citizens? Last month Australia passed a law requiring telecommunications companies to retain metadata information on their customers for two years.

Why do Australia’s oppressive laws matter to us? Because the NSA “reform” legislation before Congress, the FREEDOM Act, does exactly what the Australian law does: it mandates that US telecommunications companies retain their customers’ metadata information so that the NSA can access the information as it wishes.

Some argue that this metadata information is harmless and that civil libertarians are over-reacting. But, as Ed Snowden told the Melbourne conference, “under these mandatory metadata laws you can immediately see who journalists are contacting, from which you can derive who their sources are.”

This one example of what happens when the government forces corporations to assist it in spying on the people should be a red flag. How can an independent media exist in the US if the government knows exactly whom journalists contact for information? It would be the end of any future whistleblowers.

The only reform of the PATRIOT Act is a total repeal. Accept nothing less.

May 11, 2015 Posted by | Civil Liberties, Corruption | , , , , , | 2 Comments