Tag Archives: privacy

International Censorship

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France wants to enforce a “right to be forgotten” law (recently enacted by the EU that allows persons to demand publicly available information about them to be erased from links in search engine results) inside other nations than the EU membership—inside the United States, for instance.  Google, et al., is demurring, and France has taken the matter to the EU’s highest administrative court, the Court of Justice.

The case will help determine how far EU regulators can go in enforcing the bloc’s strict new privacy law….

It has wider implications than that. It will set a legal precedent, explicitly for the EU to reach inside the United States and censor our Internet, and that won’t be limited to EU privacy sensibilities, or EU views on censorship.

It’s broader, still. It will set a precedent for the PRC, which can intercept messaging images and erase them from the message before the intended recipient gets the message, to be exercised inside the US.

The Court of Justice ruling—likely to be in favor of France—will need to be explicitly rejected by us, with strong cyber consequences taken against the EU on its every attempt to enforce this first step at rank censorship against us.

“Pre-Crime”

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Another word for Government’s prior restraint of private citizens, a word used by Holman Jenkins in his Friday op-ed to disguise this assault on our freedoms.

Let’s face it, with big data, with impersonal algorithms that could track every earthly resident’s web activity, travels, purchases and electronic interactions with the world, it might be quite possible to know whose life and personality are disintegrating, who might seek to resolve the impasse by going on murder binge.

Jenkins saw this favorably as the basis of a “pre-crime” era of law enforcement, however pessimistically he also saw it as coming to pass anytime soon.  I see that unlikelihood less sanguinely, but to the extent it’s slow to come or doesn’t come at all, that’s a good thing.

Then Jenkins closed his piece with this:

The more the average citizen can understand and recognize the pattern, the more such incidents likely will be avoided without us even knowing it.

Indeed, and yet Jenkins completely ignored the implication of this. We don’t need Big Brother looking over our shoulder everywhere we are, in the real world or the virtual world of social interactions, nor do we need a Hoover-esque FBI peering in through our windows, real or virtual, nor can we support any other excuse for Government extend its regulation of our lives through this new version of prior restraint.

What we need is a return to a sense of community, where private citizens look out for each other at the local level. Local problems dealt with locally are much less likely to become national problems. And even those don’t require the assault on liberty that is prior restraint, which can only be done from politicians’ definitions of alleged need for the prior.

Incidental Unmasking

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Now we know that then-National Security Advisor to then-President Barack Obama (D) Susan Rice asked several times for American names to be unmasked that had been masked since their presence in communications of foreign nationals that were being legitimately monitored was entirely incidental to the communications and the reasons for which those communications were being monitored.

Rice’s requests were strictly legal; the NSA incumbent is one of the Executive Branch officials with the legal authority to ask for, and to receive, the names to be unmasked without having first to go through a court, even the secretive Star Chamber FISA court.

There are a couple of questions, though, that aren’t being answered.  One is why she asked for these unmaskings.  NSA could have entirely legitimate reasons for that, but the names for which she asked seem centered on then-President-elect Donald Trump’s campaign and transition team members.

The other question concerns how long such unmasking, whether by Rice or by others of Obama’s administration, had been going on.

Distractions

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Congressman Adam Schiff (D, CA), Ranking Member of the House Intelligence Committee, wants them.  He’s so anxious to have them that he’s insisting that Committee Chairman Devin Nunes (R, CA) to stop being Chairman.

Mr Nunes should step aside from any congressional investigation pertaining to Russia or to the “incidental” collection of intelligence information, like what Mr Nunes said occurred to Mr Trump’s transition team.

Mr Schiff said in a statement it was “not a recommendation I make lightly…. I believe the public cannot have the necessary confidence that matters involving the president’s campaign or transition team can be objectively investigated or overseen by the chairman.”

Never mind that his latest call was triggered by Nunes’ meeting with an official in a secure facility to review classified information regarding just that “incidental” collection against the Trump transition team by the Obama administration.

Never mind that Nunes has said through his spokesman, Jack Langer, that he

met with his source at the White House grounds in order to have proximity to a secure location where he could view the information provided by the source.

And that Langer also said,

The chairman is extremely concerned by the possible improper unmasking of names of US citizens, and he began looking into this issue even before President Trump tweeted his assertion that Trump Tower had been wiretapped.

Why does Schiff keep trying to shift the subject away from that unmasking—and who authorized it, who did it, who leaked it—which unmasking is a felony, to focus solely on the method used to look at some information?

Why does Schiff want so badly to bury those questions and their answers?

Inadvertent Tapping and Leaks

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As House Intelligence Committee Chairman Devin Nunes (R, CA) revealed the other day enroute to the White House, intelligence community personnel, in the course of surveilling the communications and other activities of foreign nationals (vis., Russian Ambassador Sergey Kislyak), also surveilled incidentally members of then-President-Elect Donald Trump’s campaign and transition teams, and perhaps Trump himself.  Wire tapping, indeed, if loosely and metaphorically.

Of larger import, though, is this, also from Nunes.

…the intelligence “ended up in reporting channels and was widely disseminated.”

It was previously reported that former National Security Adviser Michael Flynn was “unmasked” in this way; however, Nunes said “additional names” were unmasked as well.

Why was this classified material leaked to the press, and who leaked it?

Of nearly as large importance, too, is this: why is the NLMSM focusing on the admittedly unusual procedure of briefing the press, the President, and then the Intelligence Committee, in that order, instead of focusing on this cynical leak of classified information?