Edward Snowden to Brazil

Edward Snowden's open letter to Brazil :

Six months ago, I stepped out from the shadows of the United States Government's National Security Agency to stand in front of a journalist's camera. I shared with the world evidence proving some governments are building a world-wide surveillance system to secretly track how we live, who we talk to, and what we say. I went in front of that camera with open eyes, knowing that the decision would cost me family and my home, and would risk my life. I was motivated by a belief that the citizens of the world deserve to understand the system in which they live.

My greatest fear was that no one would listen to my warning. Never have I been so glad to have been so wrong. The reaction in certain countries has been particularly inspiring to me, and Brazil is certainly one of those.

At the NSA, I witnessed with growing alarm the surveillance of whole populations without any suspicion of wrongdoing, and it threatens to become the greatest human rights challenge of our time. The NSA and other spying agencies tell us that for our own "safety"—for Dilma's "safety," for Petrobras' "safety"—they have revoked our right to privacy and broken into our lives. And they did it without asking the public in any country, even their own.

Today, if you carry a cell phone in Sao Paolo, the NSA can and does keep track of your location: they do this 5 billion times a day to people around the world. When someone in Florianopolis visits a website, the NSA keeps a record of when it happened and what you did there. If a mother in Porto Alegre calls her son to wish him luck on his university exam, NSA can keep that call log for five years or more. They even keep track of who is having an affair or looking at pornography, in case they need to damage their target's reputation.

American Senators tell us that Brazil should not worry, because this is not "surveillance," it's "data collection." They say it is done to keep you safe. They’re wrong. There is a huge difference between legal programs, legitimate spying, legitimate law enforcement — where individuals are targeted based on a reasonable, individualized suspicion — and these programs of dragnet mass surveillance that put entire populations under an all-seeing eye and save copies forever. These programs were never about terrorism: they're about economic spying, social control, and diplomatic manipulation. They're about power.

Many Brazilian senators agree, and have asked for my assistance with their investigations of suspected crimes against Brazilian citizens. I have expressed my willingness to assist wherever appropriate and lawful, but unfortunately the United States government has worked very hard to limit my ability to do so -- going so far as to force down the Presidential Plane of Evo Morales to prevent me from traveling to Latin America! Until a country grants permanent political asylum, the US government will continue to interfere with my ability to speak.

Six months ago, I revealed that the NSA wanted to listen to the whole world. Now, the whole world is listening back, and speaking out, too. And the NSA doesn't like what it's hearing. The culture of indiscriminate worldwide surveillance, exposed to public debates and real investigations on every continent, is collapsing. Only three weeks ago, Brazil led the United Nations Human Rights Committee to recognize for the first time in history that privacy does not stop where the digital network starts, and that the mass surveillance of innocents is a violation of human rights.

The tide has turned, and we can finally see a future where we can enjoy security without sacrificing our privacy. Our rights cannot be limited by a secret organization, and American officials should never decide the freedoms of Brazilian citizens. Even the defenders of mass surveillance, those who may not be persuaded that our surveillance technologies have dangerously outpaced democratic controls, now agree that in democracies, surveillance of the public must be debated by the public.

My act of conscience began with a statement: "I don't want to live in a world where everything that I say, everything I do, everyone I talk to, every expression of creativity or love or friendship is recorded. That's not something I'm willing to support, it's not something I'm willing to build, and it's not something I'm willing to live under."

Days later, I was told my government had made me stateless and wanted to imprison me. The price for my speech was my passport, but I would pay it again: I will not be the one to ignore criminality for the sake of political comfort. I would rather be without a state than without a voice.

If Brazil hears only one thing from me, let it be this: when all of us band together against injustices and in defense of privacy and basic human rights, we can defend ourselves from even the most powerful systems.

Bruce Sterling On Manning, Assange, Snowden

 
As usual, it's all terribly witty and cynical with flashes of extreme futurological profundity.

Edward Snowden's Statement

Edward Snowden :

Hello. My name is Ed Snowden. A little over one month ago, I had family, a home in paradise, and I lived in great comfort. I also had the capability without any warrant to search for, seize, and read your communications. Anyone’s communications at any time. That is the power to change people’s fates.

It is also a serious violation of the law. The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal Declaration of Human Rights, and numerous statutes and treaties forbid such systems of massive, pervasive surveillance. While the US Constitution marks these programs as illegal, my government argues that secret court rulings, which the world is not permitted to see, somehow legitimize an illegal affair. These rulings simply corrupt the most basic notion of justice – that it must be seen to be done. The immoral cannot be made moral through the use of secret law.

I believe in the principle declared at Nuremberg in 1945: "Individuals have international duties which transcend the national obligations of obedience. Therefore individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring."

Accordingly, I did what I believed right and began a campaign to correct this wrongdoing. I did not seek to enrich myself. I did not seek to sell US secrets. I did not partner with any foreign government to guarantee my safety. Instead, I took what I knew to the public, so what affects all of us can be discussed by all of us in the light of day, and I asked the world for justice.

That moral decision to tell the public about spying that affects all of us has been costly, but it was the right thing to do and I have no regrets.

Since that time, the government and intelligence services of the United States of America have attempted to make an example of me, a warning to all others who might speak out as I have. I have been made stateless and hounded for my act of political expression. The United States Government has placed me on no-fly lists. It demanded Hong Kong return me outside of the framework of its laws, in direct violation of the principle of non-refoulement – the Law of Nations. It has threatened with sanctions countries who would stand up for my human rights and the UN asylum system. It has even taken the unprecedented step of ordering military allies to ground a Latin American president’s plane in search for a political refugee. These dangerous escalations represent a threat not just to the dignity of Latin America, but to the basic rights shared by every person, every nation, to live free from persecution, and to seek and enjoy asylum.

Yet even in the face of this historically disproportionate aggression, countries around the world have offered support and asylum. These nations, including Russia, Venezuela, Bolivia, Nicaragua, and Ecuador have my gratitude and respect for being the first to stand against human rights violations carried out by the powerful rather than the powerless. By refusing to compromise their principles in the face of intimidation, they have earned the respect of the world. It is my intention to travel to each of these countries to extend my personal thanks to their people and leaders.

I announce today my formal acceptance of all offers of support or asylum I have been extended and all others that may be offered in the future. With, for example, the grant of asylum provided by Venezuela’s President Maduro, my asylee status is now formal, and no state has a basis by which to limit or interfere with my right to enjoy that asylum. As we have seen, however, some governments in Western European and North American states have demonstrated a willingness to act outside the law, and this behavior persists today. This unlawful threat makes it impossible for me to travel to Latin America and enjoy the asylum granted there in accordance with our shared rights.

This willingness by powerful states to act extra-legally represents a threat to all of us, and must not be allowed to succeed. Accordingly, I ask for your assistance in requesting guarantees of safe passage from the relevant nations in securing my travel to Latin America, as well as requesting asylum in Russia until such time as these states accede to law and my legal travel is permitted. I will be submitting my request to Russia today, and hope it will be accepted favorably.

If you have any questions, I will answer what I can.

Thank you.

Vinay on Snowden etc.

Vinay has a good overview of where we are now :

I don’t know what happens next. Snowden has shone a lot of light into a very, very dark corner, but there are vastly worse corners which are still in darkness.

There are three main factions of response to the new reality in which we operate. They are

Germany pushes back using international law against US intrusion into its sovereignty. The US likewise.

Civil Libertarians push back within the court system in America and the UK asking for answers, real oversight, and civil rights.

Cipherpunks now push end-to-end encryption of all messages as a basic civic duty by which we attempt to protect each-other from the State gone wrong.

The hardest part of all of this is going to be keeping all of these groups cooperating and moving in the right direction. The Germans, of course, want data retention and the right to spy on their own citizens, as most EU countries do. They will be quite unhappy with the cipherpunks. The civil libertarians are quite distrusting of encryption as an end-run around the legal system, a technical implementation of a civil right that could be over-turned by superior technology: a worthy argument, but let them change the law to comply with the Constitution then complain about crypto. Finally, the non-state wing of the cipherpunks view international and national action as a distraction: the system cannot be fixed, the guilty cannot be punished, and the only available approach is to remove the power of the State to do what we do not wish it to: a digital insurrection.

The desperate need right now is for orientation to the new reality that Snowden’s actions have exposed. The old map of superpower alliances may be toast, with China, the EU and Russia allied against the US in at least basic security concerns. The black-clad paranoids of the hackerspaces are now fully vindicated, and preparing GPG and OTR for mass adoption is now an urgent step. Finally, the ACLU & co are now, without a doubt, completely vindicated – but can they actually close with their targets, or will they be intimidated and fobbed off by corrupt courts?

It is all to play for, but discard your old map and do the analysis from scratch. There is much more going on than the old models predicted. Gods help all of us as we reorient and reintegrate, and take action to survive.

Disorientation is normal. Go about your day, citizen!

Chris Hedges on Bradley Manning / Edward Snowden

Chris Hedges : 

The military trial of Bradley Manning is a judicial lynching. The government has effectively muzzled the defense team. The Army private first class is not permitted to argue that he had a moral and legal obligation under international law to make public the war crimes he uncovered. The documents that detail the crimes, torture and killing Manning revealed, because they are classified, have been barred from discussion in court, effectively removing the fundamental issue of war crimes from the trial. Manning is forbidden by the court to challenge the government’s unverified assertion that he harmed national security. Lead defense attorney David E. Coombs said during pretrial proceedings that the judge’s refusal to permit information on the lack of actual damage from the leaks would “eliminate a viable defense, and cut defense off at the knees.” And this is what has happened.

Manning is also barred from presenting to the court his motives for giving the website WikiLeaks hundreds of thousands of classified diplomatic cables, war logs from Afghanistan and Iraq, and videos. The issues of his motives and potentially harming national security can be raised only at the time of sentencing, but by then it will be too late.

The draconian trial restrictions, familiar to many Muslim Americans tried in the so-called war on terror, presage a future of show trials and blind obedience. Our email and phone records, it is now confirmed, are swept up and stored in perpetuity on government computers. Those who attempt to disclose government crimes can be easily traced and prosecuted under the Espionage Act. Whistle-blowers have no privacy and no legal protection. This is why Edward Snowden—a former CIA technical assistant who worked for a defense contractor with ties to the National Security Agency and who leaked to Glenn Greenwald at The Guardian the information about the National Security Council’s top-secret program to collect Americans’ cellphone metadata, e-mail and other personal data—has fled the United States. The First Amendment is dead. There is no legal mechanism left to challenge the crimes of the power elite. We are bound and shackled. And those individuals who dare to resist face the prospect, if they remain in the country, of joining Manning in prison, perhaps the last refuge for the honest and the brave.

Snowden in Hong Kong

Another interesting thought :

Patricia Ho, a lawyer at Daly & Associates, which specializes in refugee cases and international public law, told GlobalPost that in December Hong Kong courts ruled the government could not send people home if they would face cruel and unusual punishment.

"The reason I think this is relevant," said Ho, "is because if you look at the case of Bradley Manning, during his detention period, he was found to have suffered cruel and degrading treatment. It was found by the UN special rapporteur on torture," she said.

"I would imagine given the similarity in the cases that Snowden could easily say, 'Well, I fear that the same would happen to me,' and use that as a basis to claim protection in Hong Kong. If he does that I would say his chances of protection would be fair."

Public Interest

Apparently the UK government has told airlines that Edward Snowden will be banned from the UK.

BBC security correspondent Gordon Corera said the Home Office does have the power block people's entry to the UK in certain circumstances, such as if it believes it is in the public interest to do so.

What, the fuck, "public interest" is being served here?

There is no public interest. Edward Snowden is zero threat to the UK public. This is nothing but a vindictive desire to put pressure on him and restrict his ability to move around the world. This is the height of pettiness  and random abuse of power by those who are now nakedly using their role in the state to advance their agenda of locking-in total unchallenged and unchallengable control for themselves (and their peers in other countries).