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Latest revision as of 17:55, 23 February 2014

Balance between Security and Privacy Myth

Many of you hear the NSA spying issue framed in the context of "Striking a balance between privacy and security". But this is a false characterization because it presumes that the NSA is increasing our security and making us safer. Not only is the NSA spying not making us more safe, it is in fact making us less safe. The NSA is creating new dangers to society and creating more vulnerabilities.

The Claim of Security

The NSA claims that the Boggie Man is out there and he's stalking you and your family, and if you don't let the NSA do what they want then terrorists are going to kill you and your family and blow up an atomic bomb in New York City. And you have to trust the NSA and not know anything they are up to. After all, they argue, if your dead what does privacy matter? Yeah, it looks a little unconstitutional but the NSA are spys and that's what spies do. If we don't let them break the law then how are they going to protect us? And you have to believe they are protecting us without proff or explanation because if they tell you how they are saving you then the Boogie Man will know and he'll get you.

That's their story. Are they right?

A record of Failure

No! So far there isn't a single instance where NSA spying has stopped a single incident.

The NSA undermines Constitutional Government and Rule of Law

the Constitution isn't just a legal document. It's a moral document that outlines the structure of American society and the relationship we have with each other and our government. It is designed to be a reference to keep America on track so when someone tries to steer us in the wrong direction it acts as a beacon to bring us back to the original vision of who we are and were we are going.

The text of the 4th amendment says:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It doesn't take a lawyer or legal genius to understand that the 4th Amendment does not mean "Tap the phones of everyone in the world without a warrant.

Hacking the Constitution

So how is it possible that those in power can so blatantly defy the plain text of the Constitution? the Constitution is not a magic document with the power to enforce itself. The founding fathers did create a "checks and balances" system where any one of the 3 branches of government can put a stop to the other branches should someone misbehave.

However - if all three branches are in on it then the Constitution is effectively hacked. And if the main power players and political parties are in on it then it makes the undermining of the Constitution more effective. In this case the man conspirators are:

President Barack Obama
Senate Majority Leader Harry Reid
Senate Minority Leader Mitch McConnel
Speaker of the House John Boehner
House minority Leader Nanvy Pelosi
Chief Justice John Roberts

Additionally the leadership of both parties are behind it as well. The Constitution is only as good as those who we put in positions of power to respect it. In this case the above mentioned people have undermined the Constitution and turned it into a mere prop to create the illusion of a government under rule of law. Under this system they can do whatever they want and just call it legal because they can. This is what is known as a banana republic.

Secret Courts and Secret Law

To undermine the Constitution they are using the FISA court. FISA stands for Foreign Intelligence Surveillance Act wich created a "secret court" where intelligence agencies like the CIA can be overseen so as not to violate the law too much and set up secret overseas torture camps like Abu Ghraib. The idea being that in an open court spies couldn't do their job. The FISA court is under the control of the Chief Justice of the Supreme Court John Roberts and he appoints all the judges on the court.

But when secret court are abused you can no longer enforce law and order. Why, you ask? That's because if you go into regular open constitutional courts the government comes in and shuts down the process claiming that the subject matter of the investigation is a "state secret" and that in allowing the case to continue secret stuff will be revealed. Therefore you're screwed.

NSA Spying hurts American Companies and our Economy

US Companies Can't be Trusted because Companies are required to lie

The NSA spying undermines trust in US controlled companies because at any time any company can get a secret court order telling them to give up information or tap anyone. And it's a federal crime not to comply. And it's a federal crime to even reveal to anyone - not even your lawyer - that you got such and order. Our government in the "land of the free" requires us under penalty of law to lie.

so no matter how much an American company claims to not cooperate with the NSA people of the world have to distrust them because they would say the same thing if it was true or not. Are people free when they live in a country where they are required to lie under penalty of law? I don't think so!

So if any company on the planet wants a security product do you think they would by American? Not after the NSA made RSA security put a back door in their encryption standard so the NSA could break in. I would think if I were a security consultant I could be sued for malpractice or fired for incompetence for buying an American made product.

The Internet is international and the world is reconfiguring the Imternet around the NSA problem and America and our products are going to be shut out.

Intellectual property Losses

The NSA it tapping to the intellectual property resources of both American companies and non-American companies. In the past American companies have tried to assert rights to things we invent from being ripped off by companies in countries like China. We had the moral high ground because we are a nation that respects the rule of law and fair play. But now we know that the NSA is doing the same thing so now when we want our intellectual property protected they just laugh at us. So we spend billions on research and get screwed.

Because the NSA is also stealing our intellectual property by spying on us anyone who breaks into the NSA or bribes someone at the NSA can get anything the NSA has. No longer do foreign spies need to break into the computers of our high tech companies. All they need to do is break into the NSA and it's one stop shopping. The NSA and theFISA court is doing the work for them.

International Relations

America sees the world as having 2 kinds of people, Americans and foreigners. And in the view of the NSA foreigners have no rights at all. The NSA even taps the phones and email for foreign leaders who are our allies and partners like Chancellor Merkel of Germany. Certainly Merkel is not a terrorist. Additionally Obama effectively skyjacked the personal jet of the president of Bolivia to search his plane for Edward Snowden.

What America fails to realize is that Americans are only 4% of the world and that 96% of the world is foreigners. These foreigners don't like being treated as a subhuman and that they have no rights.

Blackmail

One Stop Shopping for Criminals and Foreign Spies

Anyone who hacks the NSA hacks the world

It used to be that major institutions has their own online security and if they protected their data then they were safe. But businesses are far less safe now because the NSA has a copy of their data and the back door they got it from. That means that a criminal no longer has to hack into the business. All they have to do is hack into the NSA. It's one stop shopping for criminals.

Although it hasn't yet been revealed the NSA is probably into all the banks and credit reporting agencies. Being that they are into everything else how could they not be in the banks too. So - why break into individual banks when you can break into the NSA and you are in all banks at once? And the exposure is far greater because thousands of workers at NSA have access ans all you have to do is get one to let you in/

Backdoor into Microsoft, Google, Apple (Prism Program)

Bribing NSA workers

Weakening RSA Security

Undermining freedom of Speech and Freedom of the Press