National Security Agency

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American defectors: life for Edward Snowden in Russia

Now that Edward Snowden has been granted temporary asylum in Russia (I suspect they mostly just wanted him gone from the airport.), it is not so certain he will have an easy life.  No matter how terrible you think surveillance is in the United States, I can guarantee that it is worse there.  And he likely has nothing more to trade to get better treatment.  NPR ran this story a few days ago.

If NSA leaker Edward Snowden is allowed to leave the Moscow airport and enter Russia, as some news reports suggest, he’ll join a fairly small group of Americans who have sought refuge there.

So how did it work out for the others?

In short, not so well. Some became disillusioned and left, like Lee Harvey Oswald. Others were sent to Josef Stalin’s gulags, where they served long sentences or were executed. Some lived out their days in an alcoholic haze.

“There’s little evidence from historical records that [Snowden] has anything good to look forward to,” says Peter Savodnik, a journalist and author of the upcoming book, The Interloper: Lee Harvey Oswald Inside the Soviet Union. “Essentially, nobody from the U.S. who has defected to Russia has gone on to think that’s a smart decision.”

In the 1920s and ’30s, hundreds of American leftists moved to what was then the Soviet Union, motivated by a desire to build socialism.

Alexander Gelver of Oshkosh, Wis., was taken there by his parents. But when the 24-year-old wanted to return to the U.S., he was stopped by Soviet police outside the U.S. Embassy in Moscow. He was arrested and disappeared. Only in the 1990s did his fate become clear: He was executed in 1938, one of Stalin’s many victims.

The Associated Press documented the case of Gelver and 14 other Americans who disappeared in the Soviet Union in the 1930s and ’40s. All were either imprisoned or executed. Dozens, perhaps hundreds of other Americans, met a similar fate during the rule of Stalin, who suspected that foreigners were spies.

A famous case in the Cold War era has parallels to Snowden. William Martin and Bernon Mitchell, cryptologists at the NSA, defected in 1960. But they came to regret their decision and became alcoholics. Martin died in Mexico in 1987. Mitchell died in Russia in 2001.

One defector who did return was Oswald. He left for the Soviet Union in 1959, returned to the U.S. three years later, and became infamous as the assassin of President Kennedy in 1963.

Edward Snowden, the NSA leaker seen here in a photo taken in July, has been granted temporary asylum in Russia. Thursday, he left Moscow's airport for the first time in more than a month.

Let’s hope that Snowden has better luck.  It will be tough not knowing many people and not speaking Russian.  Personally, I don’t think he made a good choice or got good advice.  I have never understood why he couldn’t go directly from Hong Kong to South American someplace.

Photograph:  Tatyana Lokshina/AP

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Someone has always been watching

The June 24th issue of the New Yorker has an excellent short history of privacy and surveillance by Jill Lepore.  You should try to read the entire article either online (I can’t remember what rules the New Yorker has about access) or get a copy of the magazine.  For my purposes today, I am going to concentrate on the story of Giuseppe Mazzini.  Never heard of him before?  Me either, but his story is instructive.

An extraordinary fuss about eavesdropping started in the spring of 1844, when Giuseppe Mazzini, an Italian exile in London, became convinced that the British government was opening his mail. Mazzini, a revolutionary who’d been thrown in jail in Genoa, imprisoned in Savona, sentenced to death in absentia, and arrested in Paris, was plotting the unification of the kingdoms of Italy and the founding of an Italian republic. He suspected that, in London, he’d been the victim of what he called “post-office espionage”: he believed that the Home Secretary, Sir James Graham, had ordered his mail to be opened, at the request of the Austrian Ambassador, who, like many people, feared what Mazzini hoped—that an insurrection in Italy would spark a series of revolutions across Europe. Mazzini knew how to find out: he put poppy seeds, strands of hair, and grains of sand into envelopes, sealed the envelopes with wax, and sent them, by post, to himself. When the letters arrived—still sealed—they contained no poppy seeds, no hair, and no grains of sand. Mazzini then had his friend Thomas Duncombe, a Member of Parliament, submit a petition to the House of Commons. Duncombe wanted to know if Graham really had ordered the opening of Mazzini’s mail. Was the British government in the business of prying into people’s private correspondence? Graham said the answer to that question was a secret.

Sound familiar?

Questions raised this month about surveillance conducted by the National Security Agency have been met, so far, with much the same response that Duncombe got from Graham in 1844: the program is classified. (This, a secret secret, is known as a double secret.) Luckily, old secrets aren’t secret; old secrets are history. The Mazzini affair, as the historian David Vincent argued in “The Culture of Secrecy,” led to “the first modern attack on official secrecy.” It stirred a public uproar, and eventually the House of Commons appointed a Committee of Secrecy “to inquire into the State of the Law in respect of the Detaining and Opening of Letters at the General Post-office, and into the Mode under which the Authority given for such Detaining and Opening has been exercised.” In August of 1844, the committee issued a hundred-and-sixteen-page report on the goings on at the post office. Fascinating to historians, it must have bored Parliament silly. It includes a history of the delivery of the mail, back to the sixteenth century. (The committee members had “showed so much antiquarian research,” Lord John Russell remarked, that he was surprised they hadn’t gone all the way back to “the case of Hamlet, Prince of Denmark, who opened the letters which had been committed to his charge, and got Rosencrantz and Guildenstern put to death instead of himself.”)

The report revealed that Mazzini’s mail had indeed been opened and that there existed something called the Secret Department of the Post Office. Warrants had been issued for reading the mail of the king’s subjects for centuries. Before Mazzini and the poppy seeds, the practice was scarcely questioned. It was not, however, widespread. “The general average of Warrants issued during the present century, does not much exceed 8 a-year,” the investigation revealed. “This number would comprehend, on an average, the Letters of about 16 persons annually.” The Committee of Secrecy was relieved to report that rumors that the Secret Department of the Post Office had, at times, sent “entire mail-bags” to the Home Office were false: “None but separate Letters or Packets are ever sent.”

…

“Secresy is an instrument of conspiracy,” Jeremy Bentham argued, in an essay called “Of Publicity,” first published in 1843, a year before the Mazzini affair. “It ought not, therefore, to be the system of a regular government.” By “publicity,” Bentham meant what is now usually called transparency, or openness. “Without publicity, no good is permanent: under the auspices of publicity, no evil can continue.”

…

In 1844, during the parliamentary debate that followed the report issued by the Committee of Secrecy, some members, believing, with Bentham, that publicity is the enemy of secrecy, suggested that it was fine for the government to open people’s mail, as long as the recipients of the mail were notified that it had been read. (Disraeli said that he would be only too happy to hand over his mail to the Home Office: “They may open all my letters, provided they answer them.”) In “Letter-Opening at the Post-Office,” Mazzini revealed just how much the debate had been informed by Bentham’s arguments about publicity. Diplomats might have their secrets, he granted, but postmen? “Why, who are these men who treat as enemies their fellow subjects of the realm?” he asked. “For public servants, we want responsibility and responsibility cannot be obtained without publicity. Secrecy is but another word for fear. MYSTERY was the name of the beast in the revelations. The great monster by which was typified all the civil and ecclesiastical corruptions of the earth, had on its forehead a name written and that name was MYSTERY.”

There is a delicate balance between privacy and surveillance.  Is it  OK for the government to collect all the metadata but not look at content without a warrant so long as we know that is what is happening?  And who keeps an eye on the FISA court?

In 1890, two Boston lawyers, Samuel Warren and Louis Brandeis, published an article in the Harvard Law Review called “The Right to Privacy.” Warren was a Boston Brahmin, but Brandeis’s parents were Eastern Europeans who had supported a failed uprising in Austria in 1848—the very revolution that, four years before, had been anticipated by the Austrian Ambassador who persuaded the British Home Secretary to read Giuseppe Mazzini’s mail. The suppression of the uprising had been followed by a wave of anti-Semitism, leading to the Brandeis family’s decision to emigrate to the United States. Louis Brandeis was born in Kentucky in 1856. In the eighteen-seventies, he and Warren were classmates at Harvard Law School (Brandeis helped found the Harvard Law Review); after graduation, they opened a law firm together. Warren married Mabel Bayard, a senator’s daughter, in 1883. As the legal scholar Amy Gajda has shown, nearly sixty articles of gossip about the Warren-Bayard family appeared in newspapers between 1882 and 1890—including front-page stories, two weeks apart, about the funerals of Mrs. Warren’s mother and sister. Warren was infuriated. His household had been violated; his family’s privacy, like a letter, had been purloined. (A great many ideas about privacy have to do with hiding women and families.)

In “The Right to Privacy,” Warren and Brandeis argued that there exists a legal right to be let alone—a right that had never been defined before. Their essay lies at the heart of every legal decision that has been made about privacy ever since. The right to privacy, as they understood it, is a function of history, a consequence of modernity. Privacy, they argued, hadn’t always been necessary; it had become necessary—because of the shifting meaning and nature of publicity. By the end of the nineteenth century, publicity, which for Bentham had meant transparency (the opposite of secrecy), had come to mean the attention of the press (the opposite of privacy). Making public the deliberations of Congress was a public good; making public the names of mourners at Mrs. Warren’s mother’s funeral was not. (The same distinction informed the debate that resulted, in the eighteen-eighties and nineties, in the adoption of the secret ballot. Citizens vote in private; legislative votes are public.)

But with blogs, Facebook, Twitter and other new media, those of us who post and tweet want people to read what we say and when we do so we should be aware that we are being public.  Email, however, is the new version of writing a letter and the government reading email is like reading Mazzini’s mail.  There is a very fine line between collecting email records and looking at content and many wonder if we can actually trust the government to honor the distinction.  With cell phones and GPS, our whereabouts can also be tracked. (I’m a fan of NCIS and love the way McGee can locate the bad guys – and sometimes the good ones – using a cell phone number.)  It seems that we are beginning, if we haven’t already, accepted that a lot of our private lives are now public because we put them out there.  We are not like the Warren family who did not want a list of the mourners at a funeral made public.

It is likely that someone has always been watching and it is clear that we still haven’t figured out that troublesome line between public and private.

Here is an old New Yorker cartoon from around 1973.

Bugging

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Whistle-blower, maybe. Hero, probably not.

I just can’t figure Edward Snowden.  The more little pieces I hear about and read about him, the more I wonder about him and his motivation.  This is why I found Jonathan Capehart’s piece so interesting.  Writing in the Washington Post’s Post Partisan blog, Capehart begins

A sidewalk encounter with a friend drove home my conflicted feelings about Edward Snowden. The national-security leaker was surely a “narcissist,” he said, but Snowden was definitely “a hero.” And the more my friend talked about the reaction to Snowden, especially that of congressional Democrats, the more angry his own reaction appeared to become. Part of me wished I could work up that much passion for this self-professed champion of government transparency. Alas, I can’t.

I feel the same way.

Edward Snowden

Edward Snowden

Snowden told the Guardian which broke the story that he wanted to go to a place where the government doesn’t spy on people.  The last time I checked, Hong Kong has a complicated legal relationship to China.  China is not exactly a country that eschews spying on citizens.  In an article about extradition the Guardian says

Hong Kong has not accepted a political defence against extradition since the handover in 1997. In the 1930s it turned down a bid by French authorities for Ho Chi Minh’s return to what was then IndoChina, in a case that went all the way to the privy council. More recently, in 1994, its courts stayed the extradition of the politician Jeffrey Kitigan to Malaysia.

Guy Goodwin-Gill QC, a leading expert on extradition at Blackstone Chambers in London, noted that the international climate had changed, with offences that previously might have qualified – such as hijacking – no longer accepted as political.

“The times are very much one of co-operation across a broad range of activities. You hardly ever find a state refusing extradition for political offences any longer,” he said.

In the case of Snowden, “you certainly see political dimensions: you have members of the US senate or House of Representatives calling him a traitor – so they are building a very good case for another state to treat this as political,” added Goodwin-Gill.

Of course, there are avenues for appeal through the courts in Hong Kong which could drag out the process for years according to some British legal experts.  It remains unclear why he went to part of China when he was professing a wish to be free of surveillance.

I have also heard that he may have misrepresented his salary to the Guardian – that it was much lower than he claimed.  Snowden also claimed that as a contractor with the NSA he had broad authority to do a lot of things that some experts question.  This is from NPR

Edward Snowden’s claim that as systems administrator for a defense contractor in Hawaii he had the authority “to wiretap anyone, from you or your accountant to a federal judge to even the president,” just isn’t plausible, says a former national security lawyer at the Justice Department and Office of the Director of National Intelligence.

Carrie Cordero, the former Justice and DNI lawyer, is now director of national securities studies at Georgetown University Law Center. She tells Steve that “the notion that this individual has the authority to go ahead and … ‘wiretap’ people is just ridiculous.”

Without discussing the details of how such surveillance programs work and the safeguards that are in place to protect privacy, Cordero says that Snowden’s claim “does not resemble anything close to what I observed within the intelligence community.”

Snowden may turn out to be a braggart who stretches the truth.  And this may damage his credibility overall.  But the bottom line for me is that he doesn’t seem to have told us anything that a lot of people didn’t know before.  Capehart again

We absolutely should know what our government is up to. And, according to The Post’s Walter Pincus, we’ve known about this for quite some time.

The legendary national-security writer cites a May 2006 USA Today story that revealed “the NSA ‘has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth,’ attributing that information to ‘people with direct knowledge of the arrangement.’” Then there was the March 15, 2012, Wired magazine story on the new $2 billion NSA Data Center in Utah and “its ability to ‘intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks.’”

“Was there any follow-up in the mainstream media to [James] Bamford’s disclosure, or anything close to the concerns voiced on Capitol Hill this past week? No,” Pincus writes in Tuesday’s paper.

So where should we go from here?  I agree with Capehart’s conclusions

Still, that doesn’t mean we shouldn’t have a debate about what we now know and its appropriateness now that we know it. Eugene Robinson zeroes in on this in his Tuesday column.

The NSA, it now seems clear, is assembling an unimaginably vast trove of communications data, and the bigger it gets, the more useful it is in enabling analysts to make predictions. It’s one thing if the NSA looks for patterns in the data that suggest a nascent overseas terrorist group or an imminent attack. It’s another thing altogether if the agency observes, say, patterns that suggest the birth of the next tea party or Occupy Wall Street movement.

Is that paranoia? Then reassure me. Let’s talk about the big picture and decide, as citizens, whether we are comfortable with the direction our intelligence agencies are heading. And let’s remember that it was Snowden, not our elected officials, who opened this vital conversation.

Yes, Snowden opened this conversation. But that’s as much credit as I’m willing to give him.

That sounds about right.  Let’s see if Congress talk about this without a lot of finger-pointing and hysteria.  Should the result be changes to the Patriot Act, we can give Snowden a little piece of the credit.

Photograph: AP

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