The US Congress has decided to try and slip in the
Cybersecurity Information Sharing Act (CISA) into the omnibus spending bill. The omnibus is the bill that will fund the
government for the 2016 fiscal year and thus prevent a government
shutdown. So in other words, it has to
be passed. It includes a bunch of other
provisions and bills and packages them all up into one. What usually happens though is that lawmakers
will try and attach other pieces of legislation onto it, taking advantage of
the necessity of its passing.
As Representative Lloyd Doggett puts it “Usually on these omnibus budget bills, we learn what’s in it the week after it passes.”
As Representative Lloyd Doggett puts it “Usually on these omnibus budget bills, we learn what’s in it the week after it passes.”
And this is exactly what they are trying to do with
CISA.
CISA is a bill that’s main function is to increase the government’s
ability to surveil the public and collect civilian information without a
warrant or any pretext for probable cause.
It does this by “encouraging” companies to spy on their customers and
increase the data they collect by blocking the publics ability to bring
lawsuits against them for violations of privacy. It then encourages the businesses to share
the information directly with the government without any warrant and absent the
knowledge of those that are being surveilled.
It allows businesses a free hand to spy on their customers
and takes away our ability to challenge their doing so, and allows the
government easy access to that info.
A version of the bill had already been passed in the House,
and was then amended and passed
in the Senate in a much weaker state.
The Senate and the House have to come to an agreement before it can make
its way to the president’s desk for approval, and have been working on
reconciling the two versions. However
the current, separate version being attached to the spending bill is even worse
than the others; it essentially drops any pretense of being used for anything
other than surveillance.
It directly removes restrictions put in place against using
the information for “surveillance” activities, removes restrictions that guarantee
the government can only use the information for cybersecurity purposes, and
removes the requirement to erase personal information unrelated to a
cybersecurity threat before sharing the information with the government.
It is being
packaged as a way to help provide the intelligence community with “the
tools it needs to identify, disrupt and defeat threats to the homeland and our
infrastructure”, but that’s a bad joke.
Massive surveillance of the entire population does not make
the population safe and has not been shown to disrupt threats.
University of Chicago Professor
John J. Mearsheimer writes that “The Obama administration, not
surprisingly, initially claimed that the NSA's spying played a key role in
thwarting 54 terrorist plots against the United States, implying it violated
the Fourth Amendment for good reason.
"This was a lie, however. Gen. Keith Alexander, the NSA
director, eventually admitted to Congress that he could claim only one success,
and that involved catching a Somali immigrant and three cohorts living in San Diego
who had sent $8,500 to a terrorist group in Somalia."
Not only has NSA spying not been shown to stop terrorism, in actuality it is our own federal agencies that are responsible for most of the terrorist plots within the country.
In the pursuit of terrorism convictions, presumably to justify
“anti-terror” policies like surveillance, an extensive
report by Human Rights Watch found that “all of the high-profile domestic
terrorism plots of the last decade, with four exceptions, were actually FBI
sting operations,” meaning that the plots were directly carried out with the
instrumental aid of US government officials.
The officials were so involved in fact that in one case the government “came
up with the crime, provided the means, and removed all relevant obstacles,” and
had, in the process, made a terrorist out of a man “whose buffoonery is
positively Shakespearean in scope.”
In another case, the person convicted only became a terrorist
“after
the FBI provided the means, opportunity, and final prodding necessary to make
him one.”
Which brings up another question: just what exactly is the
magnitude of the “terror” threat?
Well, in actuality, it’s not much.
As Stephen Walt notes in a recent article for Foreign
Policy “As numerous scholarly studies
have shown, the actual risk of terrorism to the average American is remarkably low. In their new book Chasing Ghosts, John Mueller and Mark Stewart
estimate the odds that an American will be killed by a terrorist are about one
in 4 million each year.”
The United States is “an extraordinarily secure country” writes
Professor Mearsheimer, so why the elaborate, multi-billion-dollar surveillance apparatus? The fact is that protection for the population
is not a high priority for policymakers, whereas protection for corporate
interests and state power, is.
For example, US intelligence explicitly warned that a war in
Iraq would increase the threat of terrorism prior to the invasion. Former CIA Director George Tenet quotes a
paper by CIA analysts prepared 3 weeks before the invasion which states
that the war will lead to “anarchy and the territorial breakup of Iraq” along
with “a surge of global terrorism against US interests fueled by (militant)
Islamism.”
And as predicted, that’s exactly what happened.
A study by Peter Bergen and Paul Cruickshank found that
the war “generated a sevenfold increase in the yearly rate of fatal jihadist
attacks.”
Furthermore, Obama’s drone program, the most extensive
terrorism campaign on the planet, is also a terrorism-generating campaign.
Last year the Guardian reported on an extensive
study which found that of 41 people targeted in Yemen and Afghanistan, a
total of 1,147 people were killed.
Given these numbers, it’s no wonder that high level
officials like the former head of the Defense Intelligence Agency agree that drones
create more terrorist than they kill.
“When you drop a bomb from a drone” Lt. Gen. Michael Flynn says “you are
going to cause more damage than you are going to cause good.”
Gen. Stanley A. McChrystal, commander of US and NATO forces
in Afghanistan, explained
that “for every innocent person you kill [with drones], you create 10 new
enemies.”
Adding to this is the fact that it is US policy that has
directly aided these very same radical extremist “enemies.”
Back in 2014, Vice President Joe Biden admitted that in
Syria there “was
no moderate middle” rebel force that the US and its allies were supporting. Instead, the Turks, the Saudis, and the
Emiratis were “so determined to take down Assad” that they “poured hundreds of
millions of dollars and tens, thousands of tons of weapons into anyone who
would fight against him, except that the people being supplied were Al Nusra
and Al Qaeda and the extremist elements of jihadis coming from other parts of
the world.”
In actuality, it was the
CIA that was facilitating those weapons transfers and giving intel on which
rebels to support. According to the CIA’s
own classified assessments, most of those arms shipments were going to “hard-line
Islamic jihadists.”
The rise of the Islamic State was a direct result of this
policy.
By August of 2012 the opposition in Syria had taken a “clear
sectarian direction”, “the Salafists, the Muslim Brotherhood, and AQI [al-Qaeda
in Iraq]" were "the major forces driving the insurgency”, and it was “the West,
Gulf countries, and Turkey" that "support the opposition", according to the best
assessments by the Defense
Intelligence Agency. DIA analysts
warned that if support for the opposition continues, “there is a possibility of
establishing a declared or undeclared Salafist principality in eastern Syria,”
and that “this is exactly what the supporting powers to the opposition want, in
order to isolate the Syrian regime.”
Then DIA head, Lt. Gen. Michael Flynn, himself validated the
credibility of this assessment, and went on to state that it was not the case
that the administration had just turned a blind eye to these reports, quite the
contrary, it was instead a “willful
decision” for the US to continue a policy that they knew was aiding
extremists and that would result in the rise of ISIS.
After all, “this is exactly” what they wanted.
So when intelligence chiefs testify that Syria is becoming
a hotbed for terrorists, it is the result of our very own doing. Consideration of threats to the public, are
very far from concern.
Protection for state power, on the other hand, is a very
high priority.
After all, Edward Snowden was forced into exile for
revealing that the government was massively spying on its population, calling
him a traitor in the process. When the
government calls someone a traitor when they expose state crimes in protection
of the publics civil liberties, that shows that in their eyes the population is
an enemy that needs to be contained- and thus you have the true rationale for
why it is NSA policy to “collect
it all.”
In actuality, we are much less safe from surveillance due to
the fact that we are faced with an added threat- that of government tyranny.
So not only is the “threat” that supposedly justifies the
takeover of our basic rights incredibly low, not only are federal authorities’
instrumental in fomenting terror plots to justify convictions, not only is our foreign
policy fundamentally predicated upon increasing and supporting the threat of terrorism,
and not only is it that massive surveillance has never been shown to decrease
the threat of terror while it makes us less safe through being overburden with
information, we are as well led to believe that we need even more protection, and should turn a blind eye when these kinds
of bills are slipped through Congress.
As extensively
documented by a coalition of civil liberty groups and security experts, and
warned by Senator Ron Wyden, this CISA bill is nothing more than “a
surveillance bill by another name.”
It is merely another attempt to justify further government power,
wrapped in a mirage of “protection” with no justification behind it- furthering
the proof that to the government, the primary enemy that needs to be guarded against,
is its own population.
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