The U.S. Senate overwhelmingly voted Wednesday to grant retroactive amnesty to the telecoms that aided the President Bush's five-year secret, warrantless wiretapping of Americans, and to expand the government's authority to sift through U.S. communications, handing a key victory to the Bush administration.
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Breaking months of acrimonious deadlock, House and Senate leaders from both parties have agreed to a bill that gives the nation's spy agencies the power to turn a wide swath of domestic communication companies into intelligence-gathering operations, and that puts an end to court challenges to telecoms such as AT&T that aided the government's secret, five-year warrantless wiretapping program.
What a bunch of crap.
As first reported by Threat Level, Chuck Fish, a full-time lawyer for the McCain campaign, also said McCain wanted stricter rules on how the nation's telecoms work with U.S. spy agencies, and expected those companies to apologize for any lawbreaking before winning amnesty.
But Monday, McCain adviser Doug Holtz-Eakin, speaking for the campaign, disavowed those statements, and for the first time cast McCain's views on warrantless wiretapping as identical to Bush's.
[N]either the Administration nor the telecoms need apologize for actions that most people, except for the ACLU and the trial lawyers, understand were Constitutional and appropriate in the wake of the attacks on September 11, 2001. [...]
We do not know what lies ahead in our nation's fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution.
The Article II citation is key, since it refers to President Bush's longstanding arguments that the president has nearly unlimited powers during a time of war. The administration's analysis went so far as to say the Fourth Amendment did not apply inside the United States in the fight against terrorism, in one legal opinion from 2001.
One of the first people to sound the alarm on China's upgraded police state was a British researcher named Greg Walton. In 2000, Walton was commissioned by the respected human-rights organization Rights & Democracy to investigate the ways in which Chinese security forces were harnessing the tools of the Information Age to curtail free speech and monitor political activists. The paper he produced was called "China's Golden Shield: Corporations and the Development of Surveillance Technology in the People's Republic of China." It exposed how big-name tech companies like Nortel and Cisco were helping the Chinese government to construct "a gigantic online database with an all-encompassing surveillance network — incorporating speech and face recognition, closed-circuit television, smart cards, credit records and Internet surveillance technologies."
When the paper was complete, Walton met with the institute's staff to strategize about how to release his explosive findings. "We thought this information was going to shock the world," he recalls. In the midst of their discussions, a colleague barged in and announced that a plane had hit the Twin Towers. The meeting continued, but they knew the context of their work had changed forever.
Walton's paper did have an impact, but not the one he had hoped. The revelation that China was constructing a gigantic digital database capable of watching its citizens on the streets and online, listening to their phone calls and tracking their consumer purchases sparked neither shock nor outrage. Instead, Walton says, the paper was "mined for ideas" by the U.S. government, as well as by private companies hoping to grab a piece of the suddenly booming market in spy tools. For Walton, the most chilling moment came when the Defense Department tried to launch a system called Total Information Awareness to build what it called a "virtual, centralized grand database" that would create constantly updated electronic dossiers on every citizen, drawing on banking, credit-card, library and phone records, as well as footage from surveillance cameras. "It was clearly similar to what we were condemning China for," Walton says. Among those aggressively vying to be part of this new security boom was Joseph Atick, now an executive at L-1. The name he chose for his plan to integrate facial-recognition software into a vast security network was uncomfortably close to the surveillance system being constructed in China: "Operation Noble Shield."
Empowered by the Patriot Act, many of the big dreams hatched by men like Atick have already been put into practice at home. New York, Chicago and Washington, D.C., are all experimenting with linking surveillance cameras into a single citywide network. Police use of surveillance cameras at peaceful demonstrations is now routine, and the images collected can be mined for "face prints," then cross-checked with ever-expanding photo databases. Although Total Information Awareness was scrapped after the plans became public, large pieces of the project continue, with private data-mining companies collecting unprecedented amounts of information about everything from Web browsing to car rentals, and selling it to the government.
Such efforts have provided China's rulers with something even more valuable than surveillance technology from Western democracies: the ability to claim that they are just like us. Liu Zhengrong, a senior official dealing with China's Internet policy, has defended Golden Shield and other repressive measures by invoking the Patriot Act and the FBI's massive e-mail-mining operations. "It is clear that any country's legal authorities closely monitor the spread of illegal information," he said. "We have noted that the U.S. is doing a good job on this front." Lin Jiang Huai, the head of China Information Security Technology, credits America for giving him the idea to sell biometric IDs and other surveillance tools to the Chinese police. "Bush helped me get my vision," he has said. Similarly, when challenged on the fact that dome cameras are appearing three to a block in Shenzhen and Guangzhou, Chinese companies respond that their model is not the East German Stasi but modern-day London.
Human-rights activists are quick to point out that while the tools are the same, the political contexts are radically different. China has a government that uses its high-tech web to imprison and torture peaceful protesters, Tibetan monks and independent-minded journalists. Yet even here, the lines are getting awfully blurry. The U.S. currently has more people behind bars than China, despite a population less than a quarter of its size. And Sharon Hom, executive director of the advocacy group Human Rights in China, says that when she talks about China's horrific human-rights record at international gatherings, "There are two words that I hear in response again and again: Guantánamo Bay."
The Fourth Amendment prohibition against illegal search and seizure made it into the U.S. Constitution precisely because its drafters understood that the power to snoop is addictive. Even if we happen to trust in the good intentions of the snoopers, the nature of any government can change rapidly — which is why the Constitution places limits on the tools available to any regime. But the drafters could never have imagined the commercial pressures at play today. The global homeland-security business is now worth an estimated $200 billion — more than Hollywood and the music industry combined. Any sector of that size inevitably takes on its own momentum. New markets must be found — which, in the Big Brother business, means an endless procession of new enemies and new emergencies: crime, immigration, terrorism.
In Shenzhen one night, I have dinner with a U.S. business consultant named Stephen Herrington. Before he started lecturing at Chinese business schools, teaching students concepts like brand management, Herrington was a military-intelligence officer, ascending to the rank of lieutenant colonel. What he is seeing in the Pearl River Delta, he tells me, is scaring the hell out of him — and not for what it means to China.
"I can guarantee you that there are people in the Bush administration who are studying the use of surveillance technologies being developed here and have at least skeletal plans to implement them at home," he says. "We can already see it in New York with CCTV cameras. Once you have the cameras in place, you have the infrastructure for a powerful tracking system. I'm worried about what this will mean if the U.S. government goes totalitarian and starts employing these technologies more than they are already. I'm worried about the threat this poses to American democracy."
Herrington pauses. "George W. Bush," he adds, "would do what they are doing here in a heartbeat if he could."
China-bashing never fails to soothe the Western conscience — here is a large and powerful country that, when it comes to human rights and democracy, is so much worse than Bush's America. But during my time in Shenzhen, China's youngest and most modern city, I often have the feeling that I am witnessing not some rogue police state but a global middle ground, the place where more and more countries are converging. China is becoming more like us in very visible ways (Starbucks, Hooters, cellphones that are cooler than ours), and we are becoming more like China in less visible ones (torture, warrantless wiretapping, indefinite detention, though not nearly on the Chinese scale).
What is most disconcerting about China's surveillance state is how familiar it all feels. When I check into the Sheraton in Shenzhen, for instance, it looks like any other high-end hotel chain — only the lobby is a little more modern and the cheerful clerk doesn't just check my passport but takes a scan of it.
"Are you making a copy?" I ask.
"No, no," he responds helpfully. "We're just sending a copy to the police."
Up in my room, the Website that pops up on my laptop looks like every other Net portal at a hotel -- only it won't let me access human-rights and labor Websites that I know are working fine. The TV gets CNN International -- only with strange edits and obviously censored blackouts. My cellphone picks up a strong signal for the China Mobile network. A few months earlier, in Davos, Switzerland, the CEO of China Mobile bragged to a crowd of communications executives that "we not only know who you are, we also know where you are." Asked about customer privacy, he replied that his company only gives "this kind of data to government authorities" -- pretty much the same answer I got from the clerk at the front desk.
House Democrats aren't planning a compromise on telecom amnesty and are actually going on offense to find a way to learn more about President Bush's five-year secret "Total Information Awareness" program.
At least that's what's suggested by a 119-page draft bill being circulated by the leaders of the House Intelligence and Judiciary committees as answer to the Administration-backed Senate spying bill.
The bill proposes a way for the government to issue blanket surveillance orders in order to force American telecom and internet providers to give the government a copy of every phone call, email or instant message that is believed to involve a foreigner. That mimics the Senate version and largely legalizes the president's warrantless wiretapping program.
However, the bill restates -- as the 30-year old spying law stated -- that the law is the only route for the government to conduct electronic surveillance inside the United States. Bush opposes that language and says he has the power as Commander in Chief to spy inside America without any Congressional or court oversight.
Hooray!
A U.S. government office in Quantico, Virginia, has direct, high-speed access to a major wireless carrier's systems, exposing customers' voice calls, data packets and physical movements to uncontrolled surveillance, according to a computer security consultant who says he worked for the carrier in late 2003.
"What I thought was alarming is how this carrier ended up essentially allowing a third party outside their organization to have unfettered access to their environment," Babak Pasdar, CTO of New Jersey-based IGXglobal told Threat Level. "I wanted to put some access controls around it; they vehemently denied it. And when I wanted to put some logging around it, they denied that."
In a story in today's Washington Post, Assistant Attorney General for National Security Kenneth Wainstein candidly admitted that the problems with FISA (the asserted impetus to the need for new surveillance legislation) are not with foreign-to-foreign telephone calls.
Hooray for GPG.
House Intelligence Committee Chairman Silvestre Reyes says the House and Senate may come to a compromise this week over whether to grant amnesty to telecoms that aided Bush's secret, domestic wiretapping program.
The Texas Democrat says he's seen some of the wiretapping documents and talked with the telecoms, and is open now to the idea of giving the companies immunity.
The Chamber firmly believes that the immunity provisions in S. 2248 are imperative to preserving the self-sustaining "public-private partnership" that both Congress and the Executive Branch have sought to protect the United States in the post-September 11 world. The Chamber encourages you consider the effects on the nation's security should private sector involvement be muted and relegated to the sidelines in instances when industries can help the government protect this nation.
But I will just tell you, there's no compromise on whether or not these phone companies get liability protection. See, what the American people must understand is that without help from the phone companies, there is no program. And these companies are going to be subject to multi-billion dollar lawsuits by trial lawyers, plaintiffs' attorneys. And it's going to drive them away from helping us -- unless they get liability protection -- prospective and retroactive.
