Thursday, January 23, 2014

Addressing the Global Governance Deficit

Our world has experienced a sustained period of positive change. The average person is about eight times richer than a century ago, nearly one billion people have been lifted out of extreme poverty over the past two decades, living standards have soared, life expectancy has risen, the threat of war between great powers declined, and our genetic code and universe have been unlocked in previously inconceivable ways. Many of today's goods are unimaginable without the collective contributions of different parts of the world.



While the future is full of opportunity, it is also highly uncertain and characterized by growing systemic risks. In many cases, these risks are the consequences of our success, arising from rising incomes, population growth, interconnectedness and technological advances. Risks arising from the plundering of our planet's natural capital, growing inequality, and the potentially devastating results of accidental or deliberate use of new technologies are among the reasons we urgently need to deepen our understanding of the threats posed by business as usual.



Given the scale of the challenges and the prospect of very positive but also possibly disastrous change, it is time for nations, civil society, businesses and global governance institutions to think afresh about how we collectively manage these extraordinary shifts. In an increasingly integrated and hyper-connected world, our individual future depends more than ever on our collective future and our capacity to work together to deepen our understanding of the critical challenges.



Harnessing Globalization



Globalization is not new but the global breadth and depth of its impact has changed. The question is how can we reap these benefits of globalization while minimizing its costs? Given the predominant role of market forces as one of the engines of globalization, how can we address classical issues of elite capture, insider rents, benefit sharing and welfare creation that traditional governance systems have had to cope with since the Industrial Revolution of the 19th century?



Many of the answers to these questions do not pertain to global governance. They lie in classical political systems. After all, every country swims in the same global sea. Some are doing well, others are not. Economic science tells us that the factors that make a difference in the performance of economic and social systems are deeply rooted in local conditions, institutions, behaviors, and beliefs. This is obviously true in terms of education and social security systems which play a major role in spreading or preventing the welfare effects of globalization. The same goes for the quality of regulatory and legal systems.



Yet so many of today's challenges lie beyond the scope and power of any one country to address, not least in areas like climate change, pandemic preparedness, financial stability and cyber security. Regrettably, our global governance system has not kept pace with the scale and complexity of these challenges.



Beyond the Westphalian Nation State



Building an international system of governance has never been and never will be easy, due to its intrinsic structural handicaps when compared to more localized and individualized governance systems embedded within nation states, corporations, and civil society. Although often imperfect, these systems can broadly provide what we expect good governance to deliver: leadership, legitimacy, efficiency, and coherence. For policy or political purposes, the Westphalian nation-state paradigm retains an indisputable comparative advantage. It reflects the conventional wisdom that all politics are local. It is based on a sense of togetherness, of community, on an "affectio societatis" linked to proximity and sociocultural similarity.



This feeling is obviously lacking globally, which is why the international system remains inter-national (between nations) but not global. It requires cooperation. All the treaties, codes, deals, institutions, and programs that constitute the bricks and mortar of this system are dependent on the willingness of sovereign states. By definition, they can opt in or out.



Escaping the pull of Westphalian gravity necessitates a very powerful political energy. Only the horrors of major catastrophes such as world wars and genocides have so far generated such an energy. History has shown us that when the pressure of collective or individual culpability recedes, when chaos is forgotten, progress stalls. The paradox of today's system is that Western-led globalization has catalyzed the rise of new stakeholders, including emerging economies, and has generated the need for global structures capable of managing, for example, international trade and migration, yet has simultaneously led to a destabilization of the previous western-based power balance, without yet providing a new sovereignty-based order.



Are emerging countries rich countries with many poor people, or poor countries with many rich people? Depending on how one answers this question, the level of rights and obligations in the present international order may vary significantly. Negotiations at the WTO on a new multilateral trade regime, or at the UNFCC on carbon emissions burden-sharing have stalled for the last 10 years because of our incapacity or unwillingness to answer this question. Developed countries refuse to recognize that development takes time. Developing countries refuse to acknowledge that, as they develop, the future playing field has to be level.



The present global governance deficit is both permanent and provisional. Permanent because emulating or cloning national governance at the global level is a distant dream in the absence of a critical mass of global citizenship. Provisional, or transitional, because the process of rebalancing geopolitics as a consequence of the rebalancing of geo-economics generated by globalization is still under way and will be for some time to come.



Now for the Long Term



Identifying new approaches to bridge the global governance deficit was a central priority of the Oxford Martin Commission for Future Generations. In our report, Now for the Long Term, we propose an agenda for action, offering innovative solutions to ensure we can collectively harness the extraordinary opportunity as well as manage the unprecedented uncertainties and risks of our globalized world.



The Commission recommends embedding sunset clauses in the governance structures of publicly funded international institutions to ensure regular reviews of organizational performance and purpose. Since the establishment of the UN and the Bretton Woods institutions over 60 years ago, the number of international institutions has steadily grown, resulting in an inefficient and confusing amalgam of overlapping mandates yet not one agency has been closed down.



We argue that institutions that have fulfilled their mandate or proved unable to respond effectively to changing demands should cease to function, and their resources redirected to more productive endeavors. In order to escape that fate, existing institutions must adapt to shifting global power dynamics. This means increasing representation not only for the major emerging economies, such as China, India, and Brazil, but also for countries like Nigeria and Indonesia, which together are home to more than 400 million people.



International affairs and organizations largely operate under mid-twentieth-century arrangements, which has two serious shortcomings. First, countries with a diminishing stake retain disproportionate power. Second, global decision-making now involves four times as many countries as it did in the immediate post-war era, not to mention a plethora of non-governmental organizations and civil-society groups, making for a messy -- and often unproductive -- process.



With the world's problems becoming increasingly complex and interconnected, global decision-making processes must be as streamlined and efficient as possible. When numerous committees meet in parallel, the countries with the largest teams of experts dominate proceedings, effectively locking most countries out of key decisions and impeding meaningful dialogue.



Creative Coalitions and Exchange Platforms



In order to increase the productivity of global negotiations, the Oxford Martin Commission recommends creating coalitions of motivated countries, together with other actors, such as cities and businesses. As outcomes improve, international bodies' legitimacy would be strengthened, which over time would enhance countries' willingness to delegate powers to them.



Moreover, the Commission proposes creating voluntary platforms to facilitate the creation of global treaties in vital areas. For example, a taxation and regulatory exchange would help countries to tackle tax avoidance and harmonize corporate taxation, while promoting information sharing and cooperation. Likewise, a cyber-security data-sharing platform could prove vital to understanding, preventing, and responding to cyber attacks.



As governments learn to collaborate with each other and with other actors, such as businesses and civil-society groups, faith in the power of international cooperation would be restored. In such an environment, breaking the gridlock on urgent global issues would be far easier than it has become in the current atmosphere of disillusionment and mistrust.



The simple fact is that with interconnectedness comes interdependence. In order to protect the global commons, world leaders must pursue shared solutions as inclusively and efficiently as possible -- a process that can be accomplished only through international institutions. Failure to do so would threaten the tremendous progress that globalization has facilitated in recent decades.



The necessary changes will not happen overnight. But if governments, businesses, and civil society work together, they are feasible -- promising a more sustainable, inclusive, and prosperous future for all.



To download a copy of Now for the Long Term, visit: www.oxfordmartin.ox.ac.uk/commission

Wednesday, January 22, 2014

All Our Challenges in the Next Decade Are Interlinked

Dileep Padgaonkar began his distinguished career in journalism at the age of 24. After receiving a doctorate in humanities from the Sorbonne in June 1968, he joined the Times of India as its Paris correspondent. He served the paper in various capacities before he was appointed its editor in 1988, a post he held for six years. In between, from 1978 to 1986, he also worked with UNESCO in Bangkok and Paris.

NEW DELHI - All our key challenges in the next decade are interlinked. In order to meet them, we need to fully understand how they are related.

Widening economic disparities, for example, have a bearing on the growth of crime, religious and ethnic extremism and terrorism. Similarly, the failure to reach an international agreement on effective policies to arrest, and eventually reverse, the adverse impact of climate change would make all the difference between poverty and destitution for vulnerable swathes of the population worldwide.

On the other hand, technologies like ICT, phone-banking and net-working, properly deployed, could go a long way to bolster development, democratize governance, encourage cultural exchanges, improve public health and provide clean energy. Linkages of this nature, at the regional and global levels, will need to be tracked.

This has indeed been the endeavor of scholars of global affairs. Significant in this regard are, for instance, the Alternative Worlds 2030 report of the US Central Intelligence Agency and the Global Risk 2013 Report of the World Economic Forum. Reports published by think tanks like the Mumbai-based Strategic Foresight Group also contain data and analyses that finesse our understanding of the issues.

1 - ECONOMIC DISPARITIES

Economic disparities between countries and within them will continue to threaten peace and stability of societies across the globe. Twenty years ago, the gap between the richest and the poorest ones was 75 to 1. A decade later, it was 100 to 1. The gap has widened further over the past ten years. According to latest estimates, at least 40 per cent of the global population reels under acute deprivation.

Income inequalities have also accelerated within nations even though in some of them - notably China and India - economic reforms have lifted millions of people out of grinding poverty. Large swathes of the population, especially in the rural areas, are denied access to basic amenities - food, shelter, potable water, sanitation, health care and education. State institutions find it harder and harder to cope with the fall-out: migration to urban areas, growing incidence of violence and galloping anarchy.

Attention will have to focus on Asia - with 60 per cent of the world's population - and Africa - with 15.5 per cent. Developments within ten of the most populous countries in these two continents will need to be closely tracked: China, India, Indonesia, Pakistan, Nigeria, Bangladesh, Japan, Philippines, Ethiopia and Vietnam. Together they constitute 53 per cent of the global population but just about 12 per cent of the global land area.

In terms of GDP per capita, only Japan falls in the category of high income nations, China and Indonesia among the upper middle income ones while the other seven are in the lower income group. These disparities are reflected in the human development index and in issues such as current account and fiscal deficits, energy consumption, corruption, crime rates and 'failed state' status. The challenges faced by individual nations vary considerably. So do their approaches to overcome them. Of great significance in this regard would be the decisions taken at the Third Plenum of the Communist Party of China's Central Committee in November 2013 to embark on a new, comprehensive agenda of economic reforms. The key question would be whether a one-party political structure can truly modernize the economy and society.

Many challenges however also overlap. On this count, the importance of regional and extra-regional factors cannot be under-estimated. Existing mechanisms of cooperation at regional and international levels to address emerging problems would need to be revamped. That process is already underway - in fits and starts. Its outcome will have a critical bearing on global stability.

2. GLOBAL FINANCE AND TRADE

Some signs of the possible outcome are already in sight. The supremacy of strong Western economies (along with Japan and Australia) has been questioned by several non-Western nations either singly or collectively. Thus, oil-producing nations like Iran, Russia and Venezuela have agreed, or are about to agree, to trade in currencies other than the US dollar. So has China. Trends like these could exacerbate political rivalries as these countries seek to a greater say in the functioning of institutions like the World Bank and the International Monetary Fund.

Counter-trends are on the horizon too. As America's reliance on oil from the Middle East lessens, as its currency strengthens and as it redefines its relations with hitherto hostile countries like Iran, it is showing signs of turning away from the World Trade Organization to explore new options to protect and promote its economic and strategic interests. Two such options to erect another kind of a global trading system are already on the cards. One is the Trans-Pacific Partnership (TPP) that would create a free trade area of North America and East Asia ( including once-protectionist Japan, Australia, New Zealand, Vietnam and some others. And the other, the Trans Atlantic Trade and Investment Partnership (TTIP) between the United States and the European Union.

These moves, some commentators argue, are intended to contain China. But that appears to be far-fetched considering China's increasing integration in the global economy. The key question is how the emerging architecture will affect global trade. Currently, ten countries control close to 60 per cent of this trade, forty other countries control another 30 per cent while the remaining 150 countries control a mere 10 per cent. Does this announce a multi-polar world order or will we witness a new avatar of the dominance of some powerful nations over the far more numerous weaker ones?

3. CLIMATE CHANGE

The world now largely acknowledges the dangers of global warming. The media have been playing a powerful role in raising public awareness about them. But the media tend to highlight natural disasters like flash-floods, hurricanes, typhoons and tornados that can be attributed to global warming. Techniques to foretell them have vastly improved thanks to effective international cooperation. That has led to the improvement of relief and rehabilitation of victims. On this score, too, swift cooperation between nations has been on the rise.

However, the media have paid insufficient attention to processes that do not lend themselves to dramatic images. These include deforestation, depletion of fish stocks in rivers, seas, lakes and oceans, rapid extinction of plant and animal species, growing salinity of land, not to mention ever-increasing atmospheric pollution. Their impact on lives and livelihood spells unmitigated disaster.

Another aspect of climate change that would need more sustained study is its impact on security. Naval installations are particularly vulnerable. Land-slides in mountainous terrains pose severe problems for the transport of forces and military equipment. Maintaining tranquillity on frontiers between countries that lie on high-altitude glaciers that show evidence of melting - such as the one in Siachin on the India-Pakistan border - will test human endurance quite beyond imagination.

4. WATER-RELATED PROBLEMS

Global warming, along with rapid industrialization and urbanization in emerging economies, is certain to aggravate fresh water scarcity. It is already a source of concern in China, South Asia, South Africa, Turkey and the Middle East inasmuch as it affects food security and development as a whole. This, in turn, could heighten chances of regional conflicts.

The primary reason is that out of 148 countries in the world that have trans-border water resources, 37 have so far failed to evolve mechanisms to share them in an equitable manner. These countries happen to be among the most populous ones on earth. In a very large number of cases, the countries have also had protracted rivalries. The Middle East has attracted international interest due to the strategic stakes in the oil-rich region. But so should the Himalayan range whose glaciers supply water to seven major rivers - Ganges, Indus, Brahmaputra, Salmeen, Mekong, Yangtze and Yellow. Lower riparian states routinely confront the twin dangers of floods and droughts.

Efforts by upper riparian states to build dams on these rivers, or to change their course, could be a source of severe conflicts in the years ahead. This is true, for example, of India and Pakistan. Three major rivers that provide water to Pakistan run through the Indian state of Jammu & Kashmir. So far a treaty for sharing these waters has worked reasonably well. But there is a growing clamor in Pakistan to abrogate it on the grounds that it does not receive its fair share of water.

River disputes between China, on the one hand, and India, or South-east nations, on the other, could escalate in the near future. Whether they can summon the political will and imagination to pre-empt the escalation is a moot point. In the plainest of words, a huge, even bitter, scramble for fresh water, much like the scramble for energy supplies, minerals and marine resources, could jeopardize peace and stability in large swathes of the globe.

5. ENERGY

The demand for energy to meet the requirements of the global economy continues to gallop even as conventional sources - such as fossil fuels - get depleted while non-conventional ones - nuclear, solar, wind etc - cannot be fully tapped. This is partly due to costs and, as in the case of nuclear energy, to safety and environmental concerns. Rising energy costs stymie economic growth, especially in the most populous and poorest countries. China and India will have to face the brunt not least because their future energy needs require capacity building on a colossal scale.

What is bound to worsen the situation is disruption of energy supplies on account of natural calamities, accidents, economic sanctions, terror acts and civilian strife in energy-producing countries. The urgent necessity of concerted global action - including in the area of clean technologies - cannot be under-estimated. At the very least, large, non-OECD producers of energy that happen to be concentrated in the Middle East, Russia and Central Asia could make common cause with consumers of energy with whom they have easy and cost-effective land connectivity. The big beneficiaries could be China and South Asia.

Shale technology and the production of fuel from waste material have the potential to be game changers in humankind's insatiable appetite for energy.

6. SOVEREIGNTY

The classical concept of the sovereignty of a nation-state is likely to undergo even more changes than the ones we have witnessed since the end of the second world war. Globalization of the economy has brought in its wake an erosion of the ability of a state to tightly control trans-national financial flows. It is in a less and less position to shape the decisions of institutions like the World Bank and the International Monetary Fund, let alone those of multi-national corporate bodies. The same holds true of control on information flows through TV, radio, the Internet etc.

Add to this two other factors. One relates to the growing significance of the doctrine of pre-emption: the right to intervene in countries that pose a potential threat to other countries, including, especially, the neighboring ones, or indeed to their own populations. Significant in this regard is the adoption of Responsibility to Protect by the UN summit in 2005. Iraq, Afghanistan, Mali are recent examples. Many others could follow suit given the growing number of countries that face internal strife involving sub-nationalist, ethnic, religious, sectarian and terror groups. Over the next couple of years, the situation in the Pak-Afghan region following the withdrawal of foreign forces will be a litmus test of the ability and willingness of the concerned countries to re-consider their views about national sovereignty.

The other factor is trans-national drug and prostitution trafficking. They are no respecters of national sovereignty.

But consider the plus side of this erosion of sovereignty. There are instances when nations have voluntarily parted with it. Consider the European Union and ASEAN. Consider, too, how nations have agreed to abide by internationally- agreed limits to carbon emissions or to implement reforms regarding tariffs, privatization, cuts in subsidies etc sought by agencies like the WB and the IMF. The trajectory of sovereign prerogatives of a nation state promises to be one of the most interesting story of the next decade.

7. EXTREMISM AND TERROR

No end is in sight to the mushroom growth of extremism involving non-state actors, sometimes with the complicity of the state. What fuels it is religious bigotry, hyper-nationalism, racism, regional or sub-regional chauvinism, sectarian rivalries and class conflict. Extreme left-wing forces - particularly active in India, Nepal and in some areas of Latin America - are far less numerous than the right-wing ones. The latter have been on the ascendant in developed and developing countries alike. In some of them their clout has reached alarming proportions. They include the Middle East, Central, South and South-east Asia and parts of Africa.

Governments in these regions find it increasingly difficult to cope with this phenomenon. Some, like Pakistan, seem to be running with the terrorist hare and hunting with the anti-terrorist hound. Sooner than later this policy is bound to unravel. The nightmare of the international community is that the more coherent state institutions, such as the military, would be in no position to prevent terror groups from gaining access to weapons of mass destruction. That is why what transpires in the Af-Pak region over the next few months and years will be a source of anxiety to the West and the rest, including China and India. The security of the global community is at risk.

8. DEMOGRAPHY

Imbalances between a greying population in the industrially-advanced countries and a 'youth bulge' in the developing ones will have a profound impact on societies in many parts of the world. In the former, the ratio between working-age citizens and citizens who have retired is all set to increase. Europe and Japan are going to face serious risks on this score. They will be constrained to import both skilled and unskilled labour from the poorer countries. Their current immigration policies will have to be revised from end to end. But that, in turn, could aggravate problems of integrating migrants in the host countries. As a result, xenophobic forces could get a fillip.

The 'youth bulge' phenomenon will also throw up highly contentious issues. According to UN estimates, there are more than 100 countries where individuals in the 15-29 age group account for more than 40 per cent of the population. A majority of them are in sub-Saharan Africa, the Middle-east and South Asia. If these countries fail to provide education and vocational skills to youth and to give them access to jobs they will face a dread prospect: young people embracing religious extremism, engaging in terror activities, getting involved in drug and women trafficking and indulging in petty or heinous crime.

In all countries, the one section of the population that will face acute distress are old people. They will have to be provided with a comprehensive support system to cater to their health needs, their physical disabilities and their psychological concerns that arise out of a harrowing sense of solitude. The costs of such a support system will be more and more prohibitive. The fear therefore is that the elderly will become the outcasts of the emerging world. While they will not represent a force of disruption, their collective plight will not allow the conscience of the world to remain indifferent.

9. SOFT POWER

With or without government assistance, many nations are deploying their cultural assets to influence public opinion across the world. The traditional purveyors of culture - such as the American Cultural Centres, British Council, Alliance Francaise, Goethe, Cervantes, Confucius Institutes etc - are now being strengthened in several ways: TV news and entertainment channels with a world-wide foot-print, radio transmissions in local languages, creation of web-sites. These are meant to change perceptions about a country to enable it to facilitate the promotion of its diplomatic, strategic and commercial interests. The success or otherwise of these endeavours will be watched with much concern and interest, especially in countries that lack the necessary wherewithal to undertake them.

The global market, too, is creating spaces for various cultures to extend their reach. Witness, for example, the popularity of Asian films, classical and contemporary dance and music, literature, alternative health systems and, not least, cuisines. The popularity goes well beyond the confines of the Asian diaspora. Indian and Chinese cinema is all set to challenge the supremacy of Hollywood. Indian cricket and China's achievements in athletics command world-wide admiration.

These trends will become more salient in the years to come at the global level even as the politics of nations becomes more inward-looking. Within some countries, however, the trends could provoke a dangerous backlash. Bigoted religious groups have time and again gone on a rampage to curb the influence of 'alien' cultures. They burn books, ransack museums, disrupt concerts, ban film screenings through intimidation and even violence, shut down shops selling DVDs. The fate of soft power will continue to hang in the balance.

10. CONFLICT ZONES

The following conflicts will continue to be a source of grave concern to the international community in the foreseeable future. (a) between Israel and neighboring Muslim countries (b) between Shias and Sunnis in the Muslim world (c) between minority Muslim populations and the majority non-Muslim ones, especially in Russia, India, Burma, China, Thailand, Philippines and in some parts of Africa (d) between India and Pakistan over the Kashmir issue (e) between China and Vietnam in the South China Sea (f) between China and Japan over some islands in the East China Sea (g) between North and South Korea (h) between Sinhalas and Tamils in Sri Lanka (i) between Muslims and Christians in Nigeria.

Add to this secessionist movements that often spill across borders. These include, for example, the Baloch, Kurds, Chechens, Muslims in China's Sinkiang region, Kashmiris, certain groups in India's north-east and in southern Philippines. Most of them engage in terror activities. The arms they deploy get more and more sophisticated by the day. Should they - and jihadi groups - gain access to weapons of mass destruction, including the nuclear arsenal, the world's current strategic doctrines and practices would have to undergo a change not witnessed since nuclear bombs were dropped on Hiroshima and Nagasaki.

DISCONTENT ABOUNDS

My list is by no means comprehensive. It does not include, for example, issues of gender equality, the plight of children, refugees and the handicapped, fear of pandemics and cyber warfare. Nor does it discuss the impact of major breakthroughs in biology, bio-technology and genetics or the phenomenal rise of 'civil society' - witnessed during the Arab Spring - and the rapid growth of the Green and anti-corruption movements.

In many respects, the emergence of these movements testifies to a phenomenon observed world-wide, but especially in developing nations: the yawning gap between the 'hardware' of democracy - elected bodies, the judiciary, institutions of governance - and the 'software' of democracy - civic sense, tolerance of dissent, respect for law, transparent and accountable conduct of those in positions of power, authority and influence. Global trends could either narrow or widen that gap.

I wish to place on record my gratitude to Sundeep Waslekar, President of the Mumbai-based Strategic Foresight Group, for his unfailing and enthusiastic guidance in the preparation of this document.

Tuesday, January 21, 2014

Spying and Intelligence in the IT Era

We live in the age of communication. More means in more varied formats, more readily available, exist to communicate than ever before. This massive increase in the number of electronic communications is a boon for one set of Very Serious People: the intelligence operatives who thrive on a rich diet of accessible information. For them, the swarm of communications is what the wildebeest migration is for Serengeti crocodiles. We now know that the National Security Agency set itself the goal of tapping and registering every single communication around the globe whether by telephone, computer or even person-to-person if a recording device could be secreted somewhere in the vicinity of the speakers. Ingenious ploys were used to tap into undersea cables of the main communications companies, to compromise the encryption systems designed to protect Internet users, to create backdoors into Microsoft systems, to pre-bug equipment and software destined for the most sensitive users. And, of course, to pick signals directly out of cyber space. In all, billions of messages a month have been recorded.

The purpose? Well, the story is that this is being done to protect us from "terrorists" -- unidentified on grounds that that information is too sensitive to be shared. How many "plots' aborted? Back in May, generals James Clapper and Keith Alexander gave us the number of 56. No specifics. In November, Keith Alexander pared that back to one or two - still no specifics. One for which they are taking credit are the arrest of a Somali taxi driver in San Diego for sending $8,000 to a charity back home which allegedly is tied to al-Sabaab. That is supposed to be worth rescinding the 4th Amendment.

There is the other, more sinister explanation for why our government has embarked on this promiscuous hoovering of electronic communication. Information, after all, carries the potent potential for control. If our rulers know everything about everyone, then in principle they could be in a position to manipulate us en masse, to intimidate or threaten or to extort what they want from specific individuals. In truth, there is only scanty evidence of the government using their dossiers of communications data to suppress political activity at home. The instances that we know of involve things such as contributing to Islamic charities somehow associated with a group on the Department of Justice's ever growing list of terrorist organizations, or reinforcing the threat to make life miserable for banks, postal services, etc. who might be so unpatriotic as to make their services available to anyone connected with Wikileaks. This is dismaying, and used to be unconstitutional in the old days when the Bills of Rights was taken literally. But it is not 1984 either. Nor is there a scheming J. Edgar Hoover masterminding things.

The War On Terror

The value of this indiscriminate data gathering in the nitty-gritty of the GWOT seems to be greatly overstated. That proposition holds for our costly intelligence activities generally. Take Benghazi. The recent disclosures (NYT - December 28, 2013)) paint a picture of American officials having not the faintest idea of who was who among the various Islamist militias we were dealing with - and whose possibly mischievous doings the clandestine CIA team in Benghazi was trying to monitor. We had no inkling of the attack that was being planned. We misconstrued which of the locals we could count on. In short, we were completely outmaneuvered by Ansar al-Sharia which set out to close down the operation and succeeded. They also latched on to the CIA's dossiers of suspect "terrorists" which were left lying around in hard copy.

Take Yemen - where mis-targeted drone strikes against supposed terrorist groups linked to "al-Qaidi" make us a prime recruiter for various hostile groups there. A repeat of what has happened in Afghanistan and Pakistan. In early December, we mistook a wedding party for a caravan for bad guys - despite blanket surveillance. This was yet another reminder that raw "intelligence" information without the analytical sophistication to guide and appraise it is meaningless. In fact, it is likely to be deleterious since we presume knowledge that is mistaken.

The overload of electronic communications that we amass daily defies any method for sorting and processing them reliably and in a necessary timeframe. We have learned that the NSA has developed super algorisms for ordering the data super fast. Obviously, these methods are not cracked up to what the intelligence people claim them to be. Otherwise, there would not be the failures that we have witnessed in Libya, in Yemen, in Mali (where we missed a military coup and defection of elite units that the U.S. army itself was training), or in Somalia where SEALS hit the beaches to attack an al-Sabaab "command center" that turned out to be an innocent ocean side compound (a rushed action prompted by the embarrassing assault on a Nairobi shopping center which US intelligence also missed).

NSA claims that it sifts data using 7,200 key words. That, on the face of it, is absurd. One cannot produce the required fine differentiation of electronic data with that kind of crude colander. And if one must move through several stages to get anywhere close to a useful degree of specification, the information's half-life of utility may well have been exceeded. Moreover, there is the critical factor of language skills. There is reason to doubt that the NSA and CIA have at their disposal a sufficient number of skilled linguists to handle the huge flow of communications that need to be translated and interpreted. In the Middle East, it is not just a matter of knowing Arabic. The need is for people familiar with scores of dialects and their vernacular usages.

Let us imagine the newly hired novice translator confronted with the recording of conversations somewhere in the highlands of Yemen in the local vernacular. The number of people who can speak it fluently may only be in the tens of thousands. Are some of them sitting round-the-clock at Fort Meade? If not, we have a situation in which a fourth generation Lebanese Christian (or recent graduate of an excellent program for teaching standard Arabic) is struggling to make sense of conversations that he barely understands. So: he may translate "Death to the United States; an unpitying death to Uncle Sam." The actual meaning in the local dialogue might actually be: "May the couple live in a united state until death; pity that the deceased Uncle Samir will not join us."

Result: another wedding party up in smoke.

To be fair, the CIA may rely on native speakers provided by the collaborating local government (likely the case in Yemen) or contracted local personnel. There is the risk, though, that at the operational stage the Americans may fall prey to misinformation intended to serve an agenda unconnected to the official mission at hand.

The blunt truth is that the NSA's vast data collection project has become an end itself - divorced from any reasonable and realistic policy purpose. Did it enable Washington to anticipate the army's coup in Egypt? No. Has it stemmed the flow of drugs into the U.S? No. Did it alert Washington to Putin's daring bid to pull Ukraine's President Viktor Yanukovych out of the EU's orbit and into Russia's? No. Did it see the large-scale movements of the Islamist militants who occupied Ramadi and Fallujah in Iraq? No. Did it succeed in trailing the Boston Marathon bombers? No. Did it uncover the scheme of international banks to manipulate LIBOR rates? No. Did it catch Edward Snowden?

The "Communications" Psychology

Those accumulating electronic communications wholesale are collecting anonymous communications of all kinds with little focused regard for person and circumstances. Location does count insofar that they have identified places where bad guys hang out. But so do non-bad guys. Determining who exactly is who may be costly, time-consuming or require resources (human beings in place) that you don't have. So you hit some of them anyway. In counter terrorism, as in turning the double-play, in the vicinity apparently counts. In banal circumstances, who the recipient of your communication is means little or anything. But in this setting that counts, counts negatively. Or you identify an important person, e.g. Chancellor Angela Merkel. What she says, and hears, on her personal cell phone may well be useful - for some purpose or other. So you listen in and record. The content is random; but when Ms Merkel finds out, the United States pays a price.

So why do it? Well, you do it because you can. Because the technology has been refined enough to aspire to tapping just about all electronic communications everywhere. The same feeling that leads people to climb mountains or plunge out of airplanes. There is the opportunity, the challenge and the rewards of pulling it off. In addition, resources are unlimited for all intents or purposes. Therefore, there is no incentive to prioritize, to discriminate, to confirm, to focus.
The NSA and CIA do what they please because higher authority - the White House, the Congress, the courts - have given them carte blanche. There lie the culpable parties. The movers and shakers of the intelligence world have no plan to impose a Big Brother totalitarian control on us. It is their lassitude, blinked outlook, parochial view of the world, and the absence of anything like a full appreciation of what it means to have custodianship of the country's well-being that is our undoing.

President Obama downplays the issue - now that he no longer can hide it. Last spring, he did suggest that there be a national "conversation" on the subject of security and liberty. That, in practice, translates into a brief flurry of disjointed comments by individuals using the electronic media. It soon peters out. The net practical effect is close to zero. Neither the Executive nor the Congress sees reason to curb the abuses of electronic spying. Their fear of the terrorist demons out there is matched by their fear of being accused by the Very Serious People of compromising national security. In recent days, the NSA has all but admitted that it is monitoring the communications of Congress itself. (The New York Times January 3, 2014)

Even this trespass on a privileged sanctuary considered sacred has not produced expressions of outrage or a conscientious attempt to rein in intelligence services that clearly have run amuck. Are they also monitoring the White House? There is no reason to exclude that possibility - given the agencies' omnivorous appetite for all communications data and the absence of discriminating standards. Has President Obama moved to find out? to make a definitive determination of what is being done and what is acceptable? All we know is that in the midst of these revelations about the 4th Amendment's being reduced to putty in the hands of our government, he has treated it mainly as a public relations challenge to restore undeserved "trust" in state intelligence agencies.
Last Friday, the President finally issued the long awaited new guidelines for government surveillance. They proved pallid even by the low expectations of those familiar with White House thinking. Their net effect on the comprehensive spying regime that has been revealed will be inconsequential. As per usual, he left some of the thornier issues to Congress to decide. The new thinking boils down to these proposed changes:

The United States will not "monitor the communications of heads of state and government of our close friends and allies." "Close" is not defined; presumably it does not cover Pakistan, for example. What of Brazil? Close aides of foreign leaders also are in limbo. Reports from Berlin make it clear that Obama has stonewalled German chancellor Angela Merkel in refusing to discuss a transatlantic pact of good behavior on electronic surveillance. (Der Spiegel International Edition January 15, 2014)

- In addition, we do not know whether the United Nations Secretary General, the European Union Commission, and the International Monetary Fund are still on the target list.

- Creation of a panel of public advocates whose assigned role would be to present public privacy considerations, such as he determines them, to the FISA court. In short, the advocate will have no specific mandate or authority beyond that of a kibitzer - devoid of any official prerogatives in the quasi-legal process than those the court itself deems suitable.

Actually, the envisaged position is less than that of a kibitzer since the latter comments on the on-going play of a hand and those comments/advice will shift from hand to hand. The advocate would not be given the opportunity to comment/advise on the particulars of a given matter brought before FISA (such as a request for a national security letter). Indeed, he may be denied access to the full file presented by the NSA/CIA/FBI, and/or the requesting agency may not provide the full particulars to the court itself - as has happened in the past. So, in effect, the so-called public advocate would be reduced to making the same general points about why FISA should keep in mind 4th Amendment privacy considerations. He might as well put it in a form letter that gets e-mailed to the court judges on each occasion.

- Bulk meta-data collection program by the NSA "will continue as it currently exists." Most of the data will be stored in a new facility that is neither under direct control of the NSA nor in the custody of the telecommunications companies, as many in his own administration have recommended. A request to the FISA court is required when the NSA wishes to access the data base for purposes not previously identified. A grant of permission allows the NSA broad discretion in picking and choosing the specific data it selects for examination. In emergencies, this judicial procedure may be by-passed.

Translation: the cookie jar will stay in the kids' room for the time-being. It may be moved to the pantry at some later date. They will be required to ask their parents' permission to dip into it. Once granted, they can take as many cookies as they like. In the past, parents' response to such requests has been 100% positive. In cases of extreme hunger, permission need not be received in advance for accessing the cookie jar.

- Effective immediately, the NSA will only pursue phone calls that are two steps removed from a number associated with a terrorist organization instead of three,"

- Obama rejected the recommendation of his special panel that NSA 'not in any way subvert, undermine, weaken, or make vulnerable' commercial software, or that the government cease using flaws in that software to launch cyber attacks or surveillance. Programs now in place to compromise security and privacy safeguards of It companies will continue unabated.

- All surveillance activities will be conducted without regard to "race, religion, political creed, national origin or sexual orientation...." - according to an official Executive Directive issued simultaneously with the President's speech.

A bizarre twist in the story was introduced on January 15 when Chief Justice John Roberts issued a public letter warning that some of the changes under discussion by the Executive would have a negative "operational impact" on a secret foreign intelligence court. The medium was Judge John D. Bates, a former chief judge of the Foreign Intelligence Surveillance Court, who urged Mr. Obama and Congress not to alter the way the court is appointed or to create an independent public advocate. Roberts argued that such an advocate should only be appointed when the FISA court itself determined that one was needed. He asserted further that any disclosure of court rulings, or their justification for expanding the powers of the intelligence agencies, was dangerous since it was "likely to promote confusion and misunderstanding." Obama agreed with Roberts on nearly all the points raised.

This remarkable, unprecedented intervention by the Chief Justice in a matter that falls clearly within the constitutional purview of the Executive and Legislature is troubling. The only authority that the Supreme Court has as to the constitution and workings of FISA is a single piece of legislation that gives to the Chief Justice the role of appointing FISA judges. There is no other constitutional basis for what Roberts has done in presuming to pronounce on matters of policy. Indeed, the purpose of the legislation that granted the Chief Justice the power to make those appointments was to ensure that individuals' judicial qualifications and probity should be the sole basis for selection, with politics and philosophy excluded. Instead, we have a hyper-activist Chief Justice with a strong bias toward expanding state prerogatives at the expense of individual rights arrogating to himself the right to pronounce on matters of grave moment that turn on constitutional philosophy, principles of public policy and political preference. Citizen John Roberts has the right, of course, to make known his views on any issue of national concern; but here he presumes to speak ex cathedra.

Neither the White House nor Congressional leaders have commented on this transgression.

*

If our national leaders are bent on avoiding a real debate on spying, surveillance and the encroachment on individual privacy, what of the American people? They remain disengaged and mute.
***

Monday, January 20, 2014

Surveillance and Scandal

Time-Tested Weapons for U.S. Global Power

Cross-posted from TomDispatch.com

For more than six months, Edward Snowden’s revelations about the National Security Agency (NSA) have been pouring out from the Washington Post, the New York Times, the Guardian, Germany’s Der Spiegel, and Brazil’s O Globo, among other places.  Yet no one has pointed out the combination of factors that made the NSA’s expanding programs to monitor the world seem like such a slam-dunk development in Washington.  The answer is remarkably simple.  For an imperial power losing its economic grip on the planet and heading into more austere times, the NSA’s latest technological breakthroughs look like a bargain-basement deal when it comes to projecting power and keeping subordinate allies in line -- like, in fact, the steal of the century.  Even when disaster turned out to be attached to them, the NSA’s surveillance programs have come with such a discounted price tag that no Washington elite was going to reject them.


For well over a century, from the pacification of the Philippines in 1898 to trade negotiations with the European Union today, surveillance and its kissing cousins, scandal and scurrilous information, have been key weapons in Washington’s search for global dominion. Not surprisingly, in a post-9/11 bipartisan exercise of executive power, George W. Bush and Barack Obama have presided over building the NSA step by secret step into a digital panopticon designed to monitor the communications of every American and foreign leaders worldwide.


What exactly was the aim of such an unprecedented program of massive domestic and planetary spying, which clearly carried the risk of controversy at home and abroad? Here, an awareness of the more than century-long history of U.S. surveillance can guide us through the billions of bytes swept up by the NSA to the strategic significance of such a program for the planet’s last superpower. What the past reveals is a long-term relationship between American state surveillance and political scandal that helps illuminate the unacknowledged reason why the NSA monitors America’s closest allies.



Not only does such surveillance help gain intelligence advantageous to U.S. diplomacy, trade relations, and war-making, but it also scoops up intimate information that can provide leverage -- akin to blackmail -- in sensitive global dealings and negotiations of every sort. The NSA’s global panopticon thus fulfills an ancient dream of empire. With a few computer key strokes, the agency has solved the problem that has bedeviled world powers since at least the time of Caesar Augustus: how to control unruly local leaders, who are the foundation for imperial rule, by ferreting out crucial, often scurrilous, information to make them more malleable.


A Cost-Savings Bonanza With a Downside


Once upon a time, such surveillance was both expensive and labor intensive. Today, however, unlike the U.S. Army’s shoe-leather surveillance during World War I or the FBI’s break-ins and phone bugs in the Cold War years, the NSA can monitor the entire world and its leaders with only 100-plus probes into the Internet’s fiber optic cables.


This new technology is both omniscient and omnipresent beyond anything those lacking top-secret clearance could have imagined before the Edward Snowden revelations began.  Not only is it unimaginably pervasive, but NSA surveillance is also a particularly cost-effective strategy compared to just about any other form of global power projection. And better yet, it fulfills the greatest imperial dream of all: to be omniscient not just for a few islands, as in the Philippines a century ago, or a couple of countries, as in the Cold War era, but on a truly global scale.


In a time of increasing imperial austerity and exceptional technological capability, everything about the NSA’s surveillance told Washington to just “go for it.”  This cut-rate mechanism for both projecting force and preserving U.S. global power surely looked like a no-brainer, a must-have bargain for any American president in the twenty-first century -- before new NSA documents started hitting front pages weekly, thanks to Snowden, and the whole world began returning the favor.


As the gap has grown between Washington’s global reach and its shrinking mailed fist, as it struggles to maintain 40% of world armaments (the 2012 figure) with only 23% of global gross economic output, the U.S. will need to find new ways to exercise its power far more economically. As the Cold War took off, a heavy-metal U.S. military -- with 500 bases worldwide circa 1950 -- was sustainable because the country controlled some 50% of the global gross product.


But as its share of world output falls -- to an estimated 17% by 2016 -- and its social welfare costs climb relentlessly from 4% of gross domestic product in 2010 to a projected 18% by 2050, cost-cutting becomes imperative if Washington is to survive as anything like the planet’s “sole superpower.” Compared to the $3 trillion cost of the U.S. invasion and occupation of Iraq, the NSA’s 2012 budget of just $11 billion for worldwide surveillance and cyberwarfare looks like cost saving the Pentagon can ill-afford to forego.


Yet this seeming “bargain” comes at what turns out to be an almost incalculable cost. The sheer scale of such surveillance leaves it open to countless points of penetration, whether by a handful of anti-war activists breaking into an FBI field office in Media, Pennsylvania, back in 1971 or Edward Snowden downloading NSA documents at a Hawaiian outpost in 2012.


Once these secret programs are exposed, it turns out that nobody really likes being under surveillance. Proud national leaders refuse to tolerate foreign powers observing them like rats in a maze. Ordinary citizens recoil at the idea of Big Brother watching their private lives like so many microbes on a slide.


Cycles of Surveillance


Over the past century, the tension between state expansion and citizen-driven contraction has pushed U.S. surveillance through a recurring cycle. First comes the rapid development of stunning counterintelligence techniques under the pressure of fighting foreign wars; next, the unchecked, usually illegal application of those surveillance technologies back home behind a veil of secrecy; and finally, belated, grudging reforms as press and public discover the outrageous excesses of the FBI, the CIA, or now, the NSA. In this hundred-year span -- as modern communications advanced from the mail to the telephone to the Internet -- state surveillance has leapt forward in technology’s ten-league boots, while civil liberties have crawled along behind at the snail’s pace of law and legislation.


The first and, until recently, most spectacular round of surveillance came during World War I and its aftermath. Fearing subversion by German-Americans after the declaration of war on Germany in 1917, the FBI and Military Intelligence swelled from bureaucratic nonentities into all-powerful agencies charged with extirpating any flicker of disloyalty anywhere in America, whether by word or deed. Since only 9% of the country’s population then had telephones, monitoring the loyalties of some 10 million German-Americans proved incredibly labor-intensive, requiring legions of postal workers to physically examine some 30 million first-class letters and 350,000 badge-carrying vigilantes to perform shoe-leather snooping on immigrants, unions, and socialists of every sort.  During the 1920s, Republican conservatives, appalled by this threat to privacy, slowly began to curtail Washington’s security apparatus. This change culminated in Secretary of State Henry Stimson’s abolition of the government’s cryptography unit in 1929 with his memorable admonition, “Gentlemen do not read each other’s mail.”


In the next round of mass surveillance during World War II, the FBI discovered that the wiretapping of telephones produced an unanticipated byproduct with extraordinary potential for garnering political power: scandal. To block enemy espionage, President Franklin Roosevelt gave the FBI control over all U.S. counterintelligence and, in May 1940, authorized its director, J. Edgar Hoover, to engage in wiretapping.


What made Hoover a Washington powerhouse was the telephone. With 20% of the country and the entire political elite by now owning phones, FBI wiretaps at local switchboards could readily monitor conversations by both suspected subversives and the president’s domestic enemies, particularly leaders of the isolationist movement such as aviator Charles Lindbergh and Senator Burton Wheeler.


Even with these centralized communications, however, the Bureau still needed massive manpower for its wartime counterintelligence. Its staff soared from just 650 in 1924 to 13,000 by 1943. Upon taking office on Roosevelt’s death in early 1945, Harry Truman soon learned the extraordinary extent of FBI surveillance. “We want no Gestapo or Secret Police,” Truman wrote in his diary that May. “FBI is tending in that direction. They are dabbling in sex-life scandals and plain blackmail.”


After a quarter of a century of warrantless wiretaps, Hoover built up a veritable archive of sexual preferences among America’s powerful and used it to shape the direction of U.S. politics.  He distributed a dossier on Democratic presidential candidate Adlai Stevenson’s alleged homosexuality to assure his defeat in the 1952 presidential elections, circulated audio tapes of Martin Luther King, Jr.’s philandering, and monitored President Kennedy’s affair with mafia mistress Judith Exner. And these are just a small sampling of Hoover’s uses of scandal to keep the Washington power elite under his influence.


“The moment [Hoover] would get something on a senator,” recalled William Sullivan, the FBI’s chief of domestic intelligence during the 1960s, “he’d send one of the errand boys up and advise the senator that ‘we’re in the course of an investigation, and we by chance happened to come up with this data on your daughter...’ From that time on, the senator’s right in his pocket.” After his death, an official tally found Hoover had 883 such files on senators and 722 more on congressmen.


Armed with such sensitive information, Hoover gained the unchecked power to dictate the country’s direction and launch programs of his choosing, including the FBI’s notorious Counterintelligence Program (COINTELPRO) that illegally harassed the civil rights and anti-Vietnam War movements with black propaganda, break-ins, and agent provocateur-style violence.


At the end of the Vietnam War, Senator Frank Church headed a committee that investigated these excesses. “The intent of COINTELPRO,” recalled one aide to the Church investigation, “was to destroy lives and ruin reputations.” These findings prompted the formation, under the Foreign Intelligence Surveillance Act of 1978, of “FISA courts” to issue warrants for all future national security wiretaps.


Surveillance in the Age of the Internet


Looking for new weapons to fight terrorism after 9/11, Washington turned to electronic surveillance, which has since become integral to its strategy for exercising global power.


In October 2001, not satisfied with the sweeping and extraordinary powers of the newly passed Patriot Act, President Bush ordered the National Security Agency to commence covert monitoring of private communications through the nation's telephone companies without the requisite FISA warrants. Somewhat later, the agency began sweeping the Internet for emails, financial data, and voice messaging on the tenuous theory that such “metadata” was “not constitutionally protected.” In effect, by penetrating the Internet for text and the parallel Public Switched Telephone Network (PSTN) for voice, the NSA had gained access to much of the world’s telecommunications. By the end of Bush’s term in 2008, Congress had enacted laws that not only retrospectively legalized these illegal programs, but also prepared the way for NSA surveillance to grow unchecked.


Rather than restrain the agency, President Obama oversaw the expansion of its operations in ways remarkable for both the sheer scale of the billions of messages collected globally and for the selective monitoring of world leaders.


What made the NSA so powerful was, of course, the Internet -- that global grid of fiber optic cables that now connects 40% of all humanity. By the time Obama took office, the agency had finally harnessed the power of modern telecommunications for near-perfect surveillance.  It was capable of both blanketing the globe and targeting specific individuals.  It had assembled the requisite technological tool-kit -- specifically, access points to collect data, computer codes to break encryption, data farms to store its massive digital harvest, and supercomputers for nanosecond processing of what it was engorging itself on.


By 2012, the centralization via digitization of all voice, video, textual, and financial communications into a worldwide network of fiber optic cables allowed the NSA to monitor the globe by penetrating just 190 data hubs -- an extraordinary economy of force for both political surveillance and cyberwarfare.


Click here to see a larger version

In this Top Secret document dated 2012, the NSA shows the "Five Eyes" allies (Australia, Canada, New Zealand, United Kingdom) its 190 "access programs" for penetrating the Internet's global grid of fiber optic cables for both surveillance and cyberwarfare. (Source: NRC Handelsblad, November 23, 2013).


With a few hundred cable probes and computerized decryption, the NSA can now capture the kind of gritty details of private life that J. Edgar Hoover so treasured and provide the sort of comprehensive coverage of populations once epitomized by secret police like East Germany’s Stasi. And yet, such comparisons only go so far.


After all, once FBI agents had tapped thousands of phones, stenographers had typed up countless transcripts, and clerks had stored this salacious paper harvest in floor-to-ceiling filing cabinets, J. Edgar Hoover still only knew about the inner-workings of the elite in one city: Washington, D.C.  To gain the same intimate detail for an entire country, the Stasi had to employ one police informer for every six East Germans -- an unsustainable allocation of human resources. By contrast, the marriage of the NSA’s technology to the Internet’s data hubs now allows the agency’s 37,000 employees a similarly close coverage of the entire globe with just one operative for every 200,000 people on the planet.


A Dream as Old as Ancient Rome


In the Obama years, the first signs have appeared that NSA surveillance will use the information gathered to traffic in scandal, much as Hoover’s FBI once did. In September 2013, the New York Times reported that the NSA has, since 2010, applied sophisticated software to create “social network diagrams..., unlock as many secrets about individuals as possible..., and pick up sensitive information like regular calls to a psychiatrist’s office, late-night messages to an extramarital partner.”


Through the expenditure of $250 million annually under its Sigint Enabling Project, the NSA has stealthily penetrated all encryption designed to protect privacy. “In the future, superpowers will be made or broken based on the strength of their cryptanalytic programs,” reads a 2007 NSA document. “It is the price of admission for the U.S. to maintain unrestricted access to and use of cyberspace.”


By collecting knowledge -- routine, intimate, or scandalous -- about foreign leaders, imperial proconsuls from ancient Rome to modern America have gained both the intelligence and aura of authority necessary for dominion over alien societies. The importance, and challenge, of controlling these local elites cannot be overstated. During its pacification of the Philippines after 1898, for instance, the U.S. colonial regime subdued contentious Filipino leaders via pervasive policing that swept up both political intelligence and personal scandal. And that, of course, was just what J. Edgar Hoover was doing in Washington during the 1950s and 1960s.


Indeed, the mighty British Empire, like all empires, was a global tapestry woven out of political ties to local leaders or “subordinate elites” -- from Malay sultans and Indian maharajas to Gulf sheiks and West African tribal chiefs. As historian Ronald Robinson once observed, the British Empire spread around the globe for two centuries through the collaboration of these local leaders and then unraveled, in just two decades, when that collaboration turned to “non-cooperation.” After rapid decolonization during the 1960s transformed half-a-dozen European empires into 100 new nations, their national leaders soon found themselves the subordinate elites of a spreading American global imperium. Washington suddenly needed the sort of private information that could keep such figures in line.


Surveillance of foreign leaders provides world powers -- Britain then, America now -- with critical information for the exercise of global hegemony. Such spying gave special penetrating power to the imperial gaze, to that sense of superiority necessary for dominion over others.  It also provided operational information on dissidents who might need to be countered with covert action or military force; political and economic intelligence so useful for getting the jump on allies in negotiations of all sorts; and, perhaps most important of all, scurrilous information about the derelictions of leaders useful in coercing their compliance.


In late 2013, the New York Times reported that, when it came to spying on global elites, there were “more than 1,000 targets of American and British surveillance in recent years,” reaching down to mid-level political actors in the international arena. Revelations from Edward Snowden’s cache of leaked documents indicate that the NSA has monitored leaders in some 35 nations worldwide -- including Brazilian president Dilma Rousseff, Mexican presidents Felipe Calderón and Enrique Peña Nieto, German Chancellor Angela Merkel, and Indonesia’s president Susilo Bambang Yudhoyono.  Count in as well, among so many other operations, the monitoring of “French diplomatic interests” during the June 2010 U.N. vote on Iran sanctions and “widespread surveillance” of world leaders during the Group 20 summit meeting at Ottawa in June 2010. Apparently, only members of the historic “Five Eyes” signals-intelligence alliance (Australia, Canada, New Zealand, and Great Britain) remain exempt -- at least theoretically -- from NSA surveillance.


Such secret intelligence about allies can obviously give Washington a significant diplomatic advantage. During U.N. wrangling over the U.S. invasion of Iraq in 2002-2003, for example, the NSA intercepted Secretary-General Kofi Anan’s conversations and monitored the “Middle Six” -- Third World nations on the Security Council -- offering what were, in essence, well-timed bribes to win votes. The NSA’s deputy chief for regional targets sent a memo to the agency’s Five Eyes allies asking “for insights as to how membership is reacting to on-going debate regarding Iraq, plans to vote on any related resolutions [..., and] the whole gamut of information that could give U.S. policymakers an edge in obtaining results favorable to U.S. goals.”


Indicating Washington’s need for incriminating information in bilateral negotiations, the State Department pressed its Bahrain embassy in 2009 for details, damaging in an Islamic society, on the crown princes, asking: “Is there any derogatory information on either prince? Does either prince drink alcohol? Does either one use drugs?”


Indeed, in October 2012, an NSA official identified as “DIRNSA,” or Director General Keith Alexander, proposed the following for countering Muslim radicals: “[Their] vulnerabilities, if exposed, would likely call into question a radicalizer’s devotion to the jihadist cause, leading to the degradation or loss of his authority.” The agency suggested that such vulnerabilities could include “viewing sexually explicit material online” or “using a portion of the donations they are receiving… to defray personal expenses.” The NSA document identified one potential target as a “respected academic” whose “vulnerabilities” are “online promiscuity.”


Just as the Internet has centralized communications, so it has moved most commercial sex into cyberspace. With an estimated 25 million salacious sites worldwide and a combined 10.6 billion page views per month in 2013 at the five top sex sites, online pornography has become a global business; by 2006, in fact, it generated $97 billion in revenue. With countless Internet viewers visiting porn sites and almost nobody admitting it, the NSA has easy access to the embarrassing habits of targets worldwide, whether Muslim militants or European leaders.


According to James Bamford, author of two authoritative books on the agency, “The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to ‘neutralize’ their targets.”


The ACLU’s Jameel Jaffer has warned that a president might “ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist, or human rights activist. The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future.” Even President Obama’s recently convened executive review of the NSA admitted: “[I]n light of the lessons of our own history… at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking.”


Indeed, whistleblower Edward Snowden has accused the NSA of actually conducting such surveillance.  In a December 2013 letter to the Brazilian people, he wrote, “They even keep track of who is having an affair or looking at pornography, in case they need to damage their target's reputation.” If Snowden is right, then one key goal of NSA surveillance of world leaders is not U.S. national security but political blackmail -- as it has been since 1898.


Such digital surveillance has tremendous potential for scandal, as anyone who remembers New York Governor Eliot Spitzer’s forced resignation in 2008 after routine phone taps revealed his use of escort services; or, to take another obvious example, the ouster of France’s budget minister Jérôme Cahuzac in 2013 following wire taps that exposed his secret Swiss bank account. As always, the source of political scandal remains sex or money, both of which the NSA can track with remarkable ease.


Given the acute sensitivity of executive communications, world leaders have reacted sharply to reports of NSA surveillance -- with Chancellor Merkel demanding Five-Eyes-exempt status for Germany, the European Parliament voting to curtail the sharing of bank data with Washington, and Brazil’s President Rousseff canceling a U.S. state visit and contracting a $560 million satellite communications system to free her country from the U.S.-controlled version of the Internet.       


The Future of U.S. Global Power


By starting a swelling river of NSA documents flowing into public view, Edward Snowden has given us a glimpse of the changing architecture of U.S. global power. At the broadest level, Obama’s digital “pivot” complements his overall defense strategy, announced in 2012, of reducing conventional forces while expanding into the new, cost-effective domains of space and cyberspace.


While cutting back modestly on costly armaments and the size of the military, President Obama has invested billions in the building of a new architecture for global information control. If we add the $791 billion expended to build the Department of Homeland Security bureaucracy to the $500 billion spent on an increasingly para-militarized version of global intelligence in the dozen years since 9/11, then Washington has made a $1.2 trillion investment in a new apparatus of world power.


So formidable is this security bureaucracy that Obama’s recent executive review recommended the regularization, not reform, of current NSA practices, allowing the agency to continue collecting American phone calls and monitoring foreign leaders into the foreseeable future. Cyberspace offers Washington an austerity-linked arena for the exercise of global power, albeit at the cost of trust by its closest allies -- a contradiction that will bedevil America’s global leadership for years to come.


To update Henry Stimson: in the age of the Internet, gentlemen don't just read each other’s mail, they watch each other’s porn. Even if we think we have nothing to hide, all of us, whether world leaders or ordinary citizens, have good reason to be concerned.


Alfred McCoy is the J.R.W. Smail Professor of History at the University of Wisconsin-Madison. A TomDispatch regular, he is the author of Policing America’s Empire: The United States, the Philippines, and the Rise of the Surveillance State, which is the source for much of the material in this essay.


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Sunday, January 19, 2014

My NSFW Sext-Only Relationship Made 'Her' Seem Not-So-Distant

The following post contains some explicit language and imagery. It is intended for adult readers.



The first time he sent me a photo of his dick I giggled like a schoolgirl in fourth grade sex-ed class. The photo was blurred, obviously; he didn't want to give away too much at once. That was the policy I made for us to preserve some sense of, I don't know, perverse virtue? That's not at all true but it saved me more than him. I never gave him anything more than a peek at what my favourite bra looked like in my foggy bathroom mirror.

I don't remember what he said to introduce the picture. I laughed in any case because these kinds of pictures are really, really terrible but especially this one. It was a lumpy bit of darkness wholly un-erotic and on the verge of turning me off completely. I am sure it would receive a D- on Critique My Dick Pic (NSFW). I may have sent him back a seductive photo or maybe I faked a kind of moaning through my words about how I loved his dick so.

I didn't actually love his dick. I loved the things he said about his dick, the things he said he would do to me with it; the things we could do to each other. In no other way did I love him than the lengths we would go to satisfy the other. Green blobs of text appeared on my phone telling me all the ways in which he'd be a superior lover: the lover to end all lovers. He always confirmed to me in our exchange when he got off, and I to him, but I always faked it. I never could rhythmically pleasure myself to the second by second responses and respond to him.

It's been two years, three months and a handful of days since I met the boy who sent me that blurred photo. I've seen him, touched him, and kissed him once, but we've only gone less than two months at a time without talking since we met, which has, to date, not ended. We both had tumultuous relationships, dreamy and mediocre lovers, one-night regrets in that time, and yet here we are. Our interaction is limited to what can be said with our fingertips. We have only spoken via text. Via sext, that is.

We met IRL by drunken happenstance on a hot October night in my hometown. I was 22 at the time; he was 20. My friends and I went to some middle school auditorium during our annual heritage-y festival. We exchanged our pinky drink tickets for some cheap beers and watered down vodka and orange juice. That night is a haze of grimy yellow flags and loud polka music and vile Neil Diamond covers. I spotted him almost immediately amid the suburban pseudo-hedonistic chaos. There was nothing particularly special to him: he was human-shaped and tall and a bit rough around the edges. I think I said something clever to him, I usually do in situations like these, and he smiled at me. Leaning in unbearably close to my face, thumbing the buttons of the jean jacket I wore, he said, "I've been waiting for a girl with a jacket like this my entire life."

There is something to be said for someone who can speak so directly, so surprisingly complete, in a text message about all the ways they want to fuck you. Each is a different version, another self. We seamlessly created our identities not like our truest selves so anything we said, he wrote, I felt, was infinite, and that was exceedingly powerful.

The messages we sent the months after we met are obscured to me now. I can pinpoint when our sexting tryst began though; when the soft musings of "I miss you" turned into lurid statements of "I wish you were here to give me head forever." I awoke most nights to my phone vibrating continuously with him telling me how he was going to make all of my fantasies come true and that really though, he did his best work from the bottom with me on top.

But none of the things he said to me were new. Sexting is clumsy and ordinary now: it's a string of "what are you wearing" and "tell me how close you are." It wasn't especially good in the beginning with us until his one-line aphorisms turned into novel length extraordinarily sexy thoughts. It takes someone with particular skill to make your skin pulse and fizz like freshly poured ginger ale in an icy glass without actually touching you.

And with that he slipped between the realms of a real life lover to the idea of a great lover; synthesized and wholly automated. Our exclusivity was with our phones: we were entirely dependent on a piece of technology that bounced sexual requests between satellites until they reached the other. I consciously fed it, him, us, craving a sort of connection with him in anyway I could. When he promised me he'd visit, that he'd drive all the hours from his school to my apartment and really have me, I secretly wished he'd forget and never arrive so we could preserve whatever it was our relationship had become.

A film like Her portraying a relationship between a man and his sultry sounding operating system rather than any singular person is a reality with which I had become acquainted though, sadly, Scarlett Johansson is nowhere in my story. It all comes down to human-made simulation of feelings: we get attached to objects rather than people in a friendly, comforting or sexual manner, and ascribe certain ideas and expectations on them that in turn humanizes them. It's easier to slip into our imagination than truly form a bond with another. All of that takes effort. This is effortless: it's a kind of affluence and truer comfort because it is comfort of our own making. We fluff our virtual pillows, prop them up behind us, and feel a kind of ease with which no one could possibly make, even if those kinds of things are manufactured.

The almost two and a half years I've been involved with this one person via t/sext is not unlike the snapshot of our social/sexual future in Her. The difference here could be that I met the person first and then he became an object, a machine, and a mechanism of pleasure. But isn't that the kind of thing we've already become accustomed to anyway? Wouldn't this progression from real person feelings to feelings with/from a machine happen organically?

The shift from a potential real life lover to a simulated one was rather easy. Whenever I got particularly mad at him I'd punish him by turning my phone off because that was really the only physical action I could take in our pseudo-relationship. I resented my phone. I wanted to smash it until it was nothing but shards. But I needed it to truly need him.

I ask myself what is/was the value of not having that real life interaction. He was an unknown known thing to me; so unfamiliarly familiar in a sneaky sexy paradoxical way that elicited such a thrill. He still is in some ways, though now he makes me weary and I've grown apart from him. He is someone, something, I created and can easily turn to for comfort; he is, after all, simply a text away.

I thought I gave him up for good this summer when I fell in love with someone else  --  an IRL man who rarely texted me the dirty things he wanted to do, he actually did them -- but he persisted. He'd come to me earnestly saying "hi, how are you?" or "baby, please, pleeeeeease." I turn to my phone in the night still half expecting to see a meagre "hello" permanently etched into my display. He wrote once  --  on a night I swear I was dreaming about him and he was actually holding me  - - saying, "hi, wish we still talked." We never talked though; we said skin humming sexy things that ought to be whispered to you by a lover, not read on a screen. But I read him. I have read all of his lines. I memorized them and played them over and over because it's what I have of him. Or maybe what I have left of him. He's a string of words now: poorly structured sentences with terrible grammar and spelling; black and white letters on a screen; a flash, vibration, an annoying little ding noise. He is pixilated arms and legs and has no face.

The last I heard from him was as recently as a few weeks ago when I was visiting my hometown and he asked me if I was there, if we could finally see each other. I'm still waiting to find out if we will.

This originally appeared on Medium.

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Saturday, January 18, 2014

Top 5 Goals for Open Government in 2014

Open government offers a society a number of attractive benefits. Transparency begets accountability. The provision of information enhances the ability of governments to provide valuable public goods and services. Its data, furthermore, can be analyzed and used by third parties in innovative ways, resulting in other socially beneficial products. The classic example here are the private weather forecasts made possible from government-supplied weather information. Or the maps that derive from GPS. By governments making information easily accessible, citizens are also more likely to get engaged in some form of their governance.

Despite these benefits, however, open government has spun a few wheels on the road to achieving its potential. For the past two summers, the Aspen Institute Communications and Society Program has convened its Forum on Communications and Society (FOCAS) on the topic of open governance, with funding from the John S. and James L. Knight Foundation. From those meetings, I'd like to suggest five goals for open government in 2014.


1. Improve the procurement process

Procurement plays a critical role in technology's implementation and utilization at all government levels. The problematic rollout of the Affordable Care Act's website, www.healthcare.gov, epitomizes how ineffective procurement processes can derail or stall a public project. Labeled as the definition of a bad IT project and one of the worst product flops of 2013, it appears that (with some notable exceptions) government's deployment of information and communication technologies is still stuck in the last century. As explained in the last two FOCAS reports, cumbersome rules for how agencies can buy and use software create a barrier to integrating lightweight and open alternatives into government operations. This inevitably inhibits progress.

Improving the procurement process will help spur innovation. With technology now enabling cheaper, innovative solutions to both narrow and large-scale problems, participants at FOCAS agreed that we need a more flexible procurement system that promotes and encourages the integration of effective and innovative services. For example, reforms that provide the opportunity for smaller, more nimble companies to solve software problems might lead to more efficient and successful outcomes. Procurement rules should make it easier for these small companies to bid and for government to pay out winning bids to non-legacy contractors. The system needs to embrace more experimentation and allow for risk absorption.

It often takes an urgency to bring about a reform. Let's hope that the learning moment from the breakdown of healthcare.gov can result in positive reforms of government procurement processes at all levels in 2014.


2. Increase transparency

Early in December, the Obama Administration released the second US Open Government National Action Plan, announcing 23 new or expanded open-government commitments that aim to advance such efforts further. 'We the People," Freedom of Information Act (FOIA) Modernization, The Global Initiative on Fiscal Transparency (GIFT), Open Data to the Public and Participatory Budgeting are among the highlights. Despite these worthy initiatives, particularly enhanced by the excellent work coming out of the President's Office of Science and Technology Policy, openness has not been a pervasive enough theme of this administration. As New York Times Public Editor Margaret Sullivan wrote, "Instead, it's turning out to be the administration of unprecedented secrecy and of unprecedented attacks on a free press."

Indeed, the administration's effort to prevent leaks and control information is said to be the most aggressive since the Nixon administration. And the White House has increasingly sought to control the news emanating from Washington. "Transparency" just isn't getting the data out.

State and local governments have also claimed to increase transparency in government, and again there have been advances at these levels. But much work remains in this area, and the rhetoric does not always correlate to the actions. For example, Georgia's governor, Nathan Deal, touted a need for trust and transparency in government, saying, "Our success as leaders of Georgia depends heavily on the public's ability to trust us." Yet the governor faces allegations that some of his administration worked with the state ethics staff to destroy evidence from an investigation into the governor's financial records from his 2010 campaign. (Over the years, it is alleged, the governor collected hundreds of thousands of dollars in unreported contributions.) The case of Nathan Deal demonstrates a need for transparency in government and the important role journalism plays in exposing potentially unethical activities.


3. Encourage citizen engagement

The full potential of open government and its ability to engage citizens has yet to be realized.
Organizations such as Code for America and the Sunlight Foundation have created ecosystems for innovation and citizen interaction. However, as a whole, we are moving forward without a clear understanding of just how to encourage engagement, or even what we mean by that word.

A big takeaway from the 2013 FOCAS conference is the need for empathy in open government. As Panthea Lee, Principal and Co-Founder at Reboot explains, "If we hope to get beyond a world of perpetual pilots with few success stories, we need to move beyond 'the citizen' and 'the government,' and toward sophisticated and informed understanding of the people we seek to serve and influence."

Steven Clift's e-Democracy.org is an online public space with the mission of harnessing online tools to support participation in public life, strengthen communities, and build democracy. It is within spaces such as this that we can inspire more inclusive community engagements in 2014.


4. Use government data for social good

Access to a broad range of government data in usable formats encourages ingenuity and unlocks value by allowing the free flow of information. Its full potential to empower citizens, revolutionize how government works, and improve delivery of public goods and services has not been fully utilized. McKinsey research determined that government data could unlock more than $3 trillion in value every year in seven domains of the global economy. By not harnessing this data, we stand to lose the transformative social impacts as well.

This is where organizations like the Open Data Institute (ODI) come in. ODI is catalyzing the evolution of open data culture to create economic, environmental, and social value. Located in the United Kingdom, it has affiliates around the world to help reveal supply, generate demand, create and disseminate knowledge to address local and global issues.

In a positive step forward, a group of practitioners and transparency advocates recently started a similar US organization to test the ODI model in the United States. ODI USA, made possible by a grant from the Knight Foundation (that materialized as a result of the FOCAS Forum), will help facilitate the sharing of data through convenings and open source projects. By connecting businesses, government agencies and non-profits, ODI USA aims to help overcome some of the barriers that currently impede these organizations from sharing valuable data and collaborating in innovate ways. The year ahead will test the effectiveness of these organizations. But with or without ODI, entrepreneurs from the for-profit and non-profit worlds can analyze, manipulate and use government supplied data in new, socially beneficial ways.


5. Government, Don't Overreach

Not much needs to be said here - so many are already addressing the topic. But given recent NSA events, an important goal for the upcoming year is protection over individuals' data. We need assurances that when governments peruse, collect or use personal data, they will not overreach their boundaries and that the appropriate controls exist. It is a classic clash of values--security vs. personal privacy. It is also a case where protection against one harm can lead to detrimental effects in another important area of national interest, its foreign relations.

In the year ahead, the US president and Congress will address the extensive surveillance techniques of the NSA. We might see FISA Court reforms, increased Congressional oversight, and a variety of other suggestions from the president's oversight committee, and organizations such as the Electronic Privacy Information Center. All this in the Hippocratic words, "first, do no harm."

So the year 2014 presents open government advocates with a large agenda and an opportunity to make significant progress in this emerging and important field.