Uncle Sam = Big Brother?

[Alan Grayson]

In George Orwell's novel 1984<, "Big Brother" is the dictator of Oceania. No one knows whether Big Brother is a real person, or simply the personification of the dictatorship. Big Brother spies on every citizen through "telescreens." Everyone is reminded constantly, "Big Brother is Watching You."

Let's compare that to the recent revelations about the Orwellian-named National Security Agency (NSA), an arm of the U.S. Department of Defense. News reports in the Guardian and the Washington Post have uncovered a secret court order dated April 23, 2013, issued to Verizon. Verizon is the largest cell phone company in America. The court order requires Verizon to give to the NSA "all call detail records or ‘telephony metadata' created by Verizon for communications (i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls." "Call detail records" are records of who you called, when you called, and how long you spoke.

The court order in the news reports is classified, and it's marked "Declassify on: April 12, 2038."

There is no reason to think that the NSA singled out Verizon. So that implies that the NSA is collecting records of every telephone call that you and I make, even local telephone calls. In fact, Edward Snowden, the whistleblower who worked at the NSA, told reporters that he could get the records for the calls from the President's own personal cell phone.

The NSA has not denied that it is collecting call records on every America. On the contrary, the NSA sees nothing wrong with it.

I see three fundamental problems with this:

1. This is worse than the proverbial "fishing expedition"; this is like putting the entire ocean through a sieve. It makes a mockery of the Fourth Amendment's requirement that government searches be "particular."

2. This assumes not only that everyone is guilty until proven innocent, but that everyone is guilty. The Fourth Amendment limits searches to cases of "probable cause," meaning that a prudent and cautious person would reasonably believe that the search will yield evidence of a crime. Obviously, most phone records have absolutely nothing to do with the commission of any crime.

3. Providing this information to the Department of Defense violates the fundamental principle that our military does not operate on American soil, against American citizens. That principle has been embodied in law since the 1870s. From this perspective, providing this personal call record information to DoD is no different from providing it to the CIA - another agency that is not allowed to operate on US soil.

The news reports also reprinted five pages from an NSA PowerPoint presentation about the NSA's "Prism" program. According to that NSA presentation, the NSA collects information "directly from the servers of these U.S. Service Providers: Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, Apple." "What information?", you may wonder. This information, according to the NSA presentation: "E-mail, Chat-video, voice, Videos, Photos, Stored data, VoIP [Voice over Internet Protocol], File transfers, Video Conferencing, Notifications of target activity - logins, etc., Online Social Networking details [and] Special Requests."

The PowerPoint presentation in the news reports is classified, and it's marked "Declassify On: 20360901" (Meaning Sept. 1, 2036.)

The plain meaning of this, in the context of the presentation, is that the NSA is pulling unlimited amounts of e-mails from Microsoft's hosted Hotmail accounts, e-mails from Google's hosted Gmail accounts, search records from Google's search servers, private "friend" communications from Facebook's servers, the content of telephone calls from Skype's VoIP service, etc., etc.

Regarding the Prism program, despite what the presentation specifically states, the NSA contends that it cannot actually collect information directly from the servers of all those internet service providers. The NSA also has put out that it collects such information (e-mails, photos, call content, etc.) only for foreigners not residing in the United States. Honestly, I don't know how the NSA could do that in any reliable manner, because Google, Microsoft, Facebook and all the others have no way of knowing your citizenship or your residence. But that's what the NSA is saying.

The bottom line is that the NSA evidently is getting call information on virtually every phone call by virtually every American, it is definitely getting the e-mails and call content of foreigners, and it may or may not be getting the e-mails and call content of Americans.

So is Uncle Sam actually Big Brother? I won't dwell on the convoluted intimate relations that would be necessary to make your uncle also your brother. Rather, as noted above, the essence of Big Brother was that "Big Brother is Watching You." Uncle Sam isn't physically observing you at all times - that much is true. But if Uncle Sam is receiving information about every phone call that you make (as the NSA concedes), and Uncle Sam has access every other electronic communication of yours, including your e-mails and web browsing and storing it all (which the NSA disputes), then yes, Big Brother is Watching You.

I think that it's wrong, and it has to end. As do the 13,000 people in 24 hours who signed the petition supporting our legislation at www.MindYourOwnBusinessAct.com. Because we can't protect our freedom by destroying it.

I understand that there may be some people who see no problem in the Department of Defense monitoring their communications. I also understand that there are some people who have been so traumatized, so terrorized, by terrorism that they are willing to give up all of their freedom - all of everyone's freedom - for the promise of some safety.

I am not one of those people.

Click here for freedom: http://MindYourOwnBusinessAct.com/

Courage,

Rep. Alan Grayson

"Ain't the pictures enough, why do you go through so much,
To get the story you need, so you can bury me.
You've got the people confused. You tell the stories you choose.
You try to get me to lose the man I really am.

-Michael Jackson, "Privacy" (2001).

[morningfog]

1. Thank you, Congressman. Recommend.

[Vinnie From Indy]

2. Thank you Congressman Grayson!

I would hope that someone in media or Congress would begin a discussion about the potential for these awesome powers to be abused by the private NSA contractors. Palantir, HB Gary and others were revealed to have been conspiring with Bank of America and The Chamber of Commerce to use these spying powers to attack critics like Move-On and Glenn Greenwald in 2010.

The issue of contractors selling their total information awareness services to the highest global bidder is terrifying. Are we now facing a future where private companies can use these powers to destroy their critics?

Cheers!

[Skip Intro]

3. There IS something wrong with a government secretly

spying on its own citizens.

And thanks for speaking out in defense of our Constitutional rights.

[Hydra]

4. Thank you again Congressman!

Keep up the fight among the outer party!

[ProSense]

5. Congressman Grayson

Regarding the Prism program, despite what the presentation specifically states, the NSA contends that it cannot actually collect information directly from the servers of all those internet service providers. The NSA also has put out that it collects such information (e-mails, photos, call content, etc.) only for foreigners not residing in the United States. Honestly, I don't know how the NSA could do that in any reliable manner, because Google, Microsoft, Facebook and all the others have no way of knowing your citizenship or your residence. But that's what the NSA is saying.

The bottom line is that the NSA evidently is getting call information on virtually every phone call by virtually every American, it is definitely getting the e-mails and call content of foreigners, and it may or may not be getting the e-mails and call content of Americans.

So is Uncle Sam actually Big Brother? I won't dwell on the convoluted intimate relations that would be necessary to make your uncle also your brother. Rather, as noted above, the essence of Big Brother was that "Big Brother is Watching You." Uncle Sam isn't physically observing you at all times - that much is true. But if Uncle Sam is receiving information about every phone call that you make (as the NSA concedes), and Uncle Sam has access every other electronic communication of yours, including your e-mails and web browsing and storing it all (which the NSA disputes), then yes, Big Brother is Watching You.

I think that it's wrong, and it has to end. As do the 13,000 people in 24 hours who signed the petition supporting our legislation at www.MindYourOwnBusinessAct.com. Because we can't protect our freedom by destroying it.

I understand that there may be some people who see no problem in the Department of Defense monitoring their communications. I also understand that there are some people who have been so traumatized, so terrorized, by terrorism that they are willing to give up all of their freedom - all of everyone's freedom - for the promise of some safety.

...that is a lot of inconclusive specualtion. The fact is that the direct access claim has been debunked.

Glenn Greenwald's 'Epic Botch'?
http://www.democraticunderground.com/10023012813

There are some interesting questions that need to be answered to end the speculation. We do need to understand what is being done.

Also, can you provide a link to the Mind Your Own Business Act?

Thanks.

[sabrina 1]

22. The reason it's inconclusive is that even Congress doesn't know what they are up to. Let's find out

and end the speculation, the speculation on the other side also, that they are doing nothing wrong, because that is all it is right now. The preponderance of the evidence so far leans towards them doing what is alleged. But let's hold the hearings, let's end the secret courts, the secret warrants, the secret spying and then we all can stop speculating. Just trust us doesn't doesn't work in a democracy. Remember this government is NOT 'for the Security Corporations' it is for the people, BY the people and OF the people. Is that not an acceptable concept here anymore.

[reusrename]

37. It hasn't been debunked, it's been denied.

And the denial is nonsensical.

[bvar22]

46. The BOGUS "Debunking" has been debunked.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2985960

The whole phony debunking hinges on focusing on a single word in Greenwalds article,
"direct" as used in the phrase "direct access" when referring to the NSA's access of our digital information.
The exact meaning of "direct access" IS debatable in the computer world,
but that really makes no substantive difference.

This is a common tool used by propagandists to discredit opposition to authority.
They seize on a minuscule, debatable point,
raise questions about that particular item,
try to blow it up into something big with breathless proclamations of "LIES"
(as seen on DU)
and then act as if the entire work has been "debunked"
and the author discredited.

This attempt on Greenwald is an excellent example.
If Greenwald went back and edited that phrase to read the NSA had "access" instead of "direct access", the entire claimed "debunking" falls embarrasingly apart,
while Greenwald's Expose remains essentially intact.

[Skittles]

6. there are DUers falling for that "no Americans, foreigners only" BS

is it the abysmal education system or what?

[ProSense]

8. There are some DUers

"there are DUers falling for that "no Americans, foreigners only" BS"

...who can't understand the difference between the two programs and the scope of what is being discussed.

http://www.democraticunderground.com/10022971026

[Skittles]

9. OMG

do you see the name OBAMA in the OP? THIS IS NOT ABOUT YOUR SAVIOR.

[ProSense]

11. Damn,

"do you see the name OBAMA in the OP? THIS IS NOT ABOUT YOUR SAVIOR"

...the actions mentioned in the OP are separate from the Obama administration actions. What the hell was I thinking?

[Skittles]

12. it refers to GOVERNMENT REGARDLESS OF WHO IS IN OFFICE

[ProSense]

13. Stop screaming nonsense. It spedifically mentions reports on the leak. n/t

[Skittles]

19. that's just a continuation

it didn't start with Obama and will not end with Obama - get it through your head this is about GOVERNMENTAL OVERREACH, *NOT* SPECIFICALLY OBAMA

[ProSense]

21. "it didn't start with Obama and will not end with Obama"

"get it through your head this is about GOVERNMENTAL OVERREACH, *NOT* SPECIFICALLY OBAMA "

Here I thought Obama was the beginning and the end.

http://www.democraticunderground.com/10023013882

http://www.democraticunderground.com/10023015163

[madinmaryland]

20. I think she was screaming prosense. nt

[ProSense]

23. I think that was lame.

[madinmaryland]

33. Well, fortunately you were able to walk straight into it!

[NealK]

28. Lol!

[Skittles]

30. YOU KNOW IT, madinmaryland

[cherokeeprogressive]

25. Spedifically. Can't you read?

[madinmaryland]

34. She drives a fast car that can spedify past the cops!

[sabrina 1]

26. Seriously, this isn't about any one man, woman or child. It is about this country. It was not just

about Bush either, despite the same accusations made against those of us who spoke out against his policies, policies that are still in effect and getting worse. And it won't be just about the next president either, Republican or Democrat, it is about the Constitution. The ONLY thing important enough to mention in their oaths of office.

Politicians come and go, but we the people have to live here for as long as we live and we do not want to live in a secret society where only the 'leaders' get to make decisions about our lives. They work for US. They are just ordinary people, nothing special, some decent some despicable, but they are no more important than any other citizen when it comes to issues as important as this. Why do you suppose that everything is about Obama? It's about the future of this country which will still be the issue long after we and Obama are long gone.

[ProSense]

32. Please,

"Seriously, this isn't about any one man, woman or child. It is about this country. It was not just about Bush either, despite the same accusations made against those of us who spoke out against his policies, policies that are still in effect and getting worse. And it won't be just about the next president either, Republican or Democrat, it is about the Constitution. The ONLY thing important enough to mention in their oaths of office."

...spare me the lecture. Most of it is disingenuous.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3017493

[Skittles]

52. "spare me the lecture"

[sabrina 1]

55. What? Invoking the Constitution is off limits now?? Maybe in our government it is, but I will

invoke it as often as it is necessary to remind people what this is all about, this dangerous threat from inside our own government, to what makes this country a democracy.

Just how is it defending the Constitution to violate the 4th Amendment?

That sounds like Orwell.

'Attacking the Constitution is Defending it'.

'Lies are truth'

'War is peace'

[Skittles]

53. there's no getting through to that one, sabrina

it's a waste of time

[Egalitarian Thug]

51. There are DUers that would watch a live broadcast of the President executing a puppy

in the Rose Garden and excuse it as a message encouraging people to neuter their pets.

[99Forever]

7. Thank you Congressman Grayson!

Keep fighting the good fight, we need you now more than ever.

[neverforget]

10. Thank you Congressman Grayson.

Keep up the good fight!

[Douglas Carpenter]

14. thank you Congressman

[rhett o rick]

15. k&r thanks for posting.

[AnotherMcIntosh]

16. Thank you.

[ProSense]

17. Text of the Mind Your Own Business Act

AMENDMENT TO THE RULES COMMITTEE PRINT
OF H.R. 1960
OFFERED BY MR. GRAYSON OF FLORIDA
Page 432, after line 21, insert the following:

SEC. 1065. LIMITATION ON AVAILABILITY OF FUNDS FOR INFORMATION GATHERING ON CITIZENS OF THE UNITED STATES WHILE LOCATED IN THE UNITED STATES WITHOUT PROBABLE CAUSE.

(a) PROHIBITION.—None of the funds authorized to be appropriated or otherwise made available to the Department of Defense for fiscal year 2014 or any succeeding fiscal year may be used to collect any information generated by a citizen of the United States while located in the United States, including telephone records, internet records, and physical location information, without probable cause of a terrorism offense or an offense within the jurisdiction of the Uniform Code of Military Justice related to action or conduct by that citizen.

(b) UNITED STATES.—In this section, the term ‘‘United States’’ means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

http://amendments-rules.house.gov/amendments/GRAYSO_13461113220425425.pdf

[akbacchus_BC]

18. Are you the real Mr. Alan Grayson, if so, welcome and

I like your policies. Do carry on, Liberals need you more so than ever!

Best regards

[cherokeeprogressive]

24. Uncle Brother. n/t

[sabrina 1]

27. Already signed it yesterday, but kick for others who have not seen it yet.

[tblue]

29. They're the same to me.

And there is NO REASON to believe the metadata will be treated judiciously, that whoever threatens the PTB won't be a target. Remember this?

[NealK]

31. Well said.

K and R.

[ReRe]

35. Does Uncle Sam = Big Brother?

K&R

Foregone conclusion, I'd say. There's a larger question lurking in this story though. And that is the number of private contractor CORPORATIONS the NSA has working for it, a start date for each of them and where they are physically located. As a matter of fact, I would like to see a spread sheet which lists all private contractors working for the USG, the dates of start/finish, how much WE are paying them, their locations & which agencies they are working out of. That's what I want to know.

Thank you for this OP. I've already been to the site and signed the petition for your Mind Your Own Business Act. And I urge everyone to do the same!

[Rhiannon12866]

36. K&R! Thank you Congressman, signed and retweeted...

[Skidmore]

38. Congressman Grayson, our laws are

written in Congress. Personally, I am sick of "doing my part" with phone calls, petitions, rallies, etc. only to watch Democrat legislators ignore us. You all ask for support and many don't use it when freely given. We know who tbe workhorses are and we know who continually ignore us. Could you please convey this to your colleagues for me?

[Zorra]

39. Thanks, Congressman. Signed. nt

[BrotherIvan]

40. Thank you for doing your job!

[AsahinaKimi]

41. tweeting this..

https://twitter.com/AsahinaKimiko/status/345948639283249153

[WillyT]

42. HUGE K & R !!! - Thank You !!!

[DirkGently]

43. KNR for the Congressman from FLORIDA.

Suck it, Florida haters.

[forestpath]

44. K&R

[Quantess]

45. Thanks for posting!

[blkmusclmachine]

47. POLICE STATE

We're all Germans now.

[DontTreadOnMe]

48. I was scolded that Obama is worse than Stalin... DUers have become so confusing.

So are we the Russians or the Germans?

[sagat]

49. Nope. Unrec'd.

[Egalitarian Thug]

50. Is The Bear Catholic?

I can only assume that your training as an attorney allows you to do anything around these people without collapsing in paroxysms of laughter, or violent rampages.

I doff my cap to you, sir (or the staffer that wrote this, whichever is the case).

[SammyWinstonJack]

54. rec!