Friday, August 30, 2013






Monday, August 26, 2013

The Decline of E-Empires




[…]

The trouble for Microsoft came with the rise of new devices whose importance it famously failed to grasp. “There’s no chance,” declared Mr. Ballmer in 2007, “that the iPhone is going to get any significant market share.”
How could Microsoft have been so blind? Here’s where Ibn Khaldun comes in. He was a 14th-century Islamic philosopher who basically invented what we would now call the social sciences. And one insight he had, based on the history of his native North Africa, was that there was a rhythm to the rise and fall of dynasties.

Desert tribesmen, he argued, always have more courage and social cohesion than settled, civilized folk, so every once in a while they will sweep in and conquer lands whose rulers have become corrupt and complacent. They create a new dynasty — and, over time, become corrupt and complacent themselves, ready to be overrun by a new set of barbarians.

I don’t think it’s much of a stretch to apply this story to Microsoft, a company that did so well with its operating-system monopoly that it lost focus, while Apple — still wandering in the wilderness after all those years — was alert to new opportunities. And so the barbarians swept in from the desert.

Sometimes, by the way, barbarians are invited in by a domestic faction seeking a shake-up. This may be what’s happening at Yahoo: Marissa Mayer doesn’t look much like a fierce Bedouin chieftain, but she’s arguably filling the same functional role.

Anyway, the funny thing is that Apple’s position in mobile devices now bears a strong resemblance to Microsoft’s former position in operating systems. True, Apple produces high-quality products. But they are, by most accounts, little if any better than those of rivals, while selling at premium prices.

So why do people buy them? Network externalities: lots of other people use iWhatevers, there are more apps for iOS than for other systems, so Apple becomes the safe and easy choice. Meet the new boss, same as the old boss.

Is there a policy moral here? Let me make at least a negative case: Even though Microsoft did not, in fact, end up taking over the world, those antitrust concerns weren’t misplaced. Microsoft was a monopolist, it did extract a lot of monopoly rents, and it did inhibit innovation. Creative destruction means that monopolies aren’t forever, but it doesn’t mean that they’re harmless while they last. This was true for Microsoft yesterday; it may be true for Apple, or Google, or someone not yet on our radar, tomorrow.


Tuesday, August 20, 2013

What if the president lied to us?



So many of President Obama's statements about NSA have been wrong. But he's too smart not to understand the truth

BY DAVID SIROTA 


[...]

Think about three recent presidential declarations. A few weeks back, the president appeared on CBS to claim that the secret FISA court is “transparent.” He then appeared on NBC to claim that “We don’t have a domestic spying program.” Then, as mentioned above, he held a press conference on Friday to suggest there was no evidence the NSA was “actually abusing” its power.

For these statements to just be inaccurate and not be deliberate, calculated lies it would mean that the president 1) made his declarative statement to CBS even though he didn’t know the FISA court was secret (despite knowing all about the FISA court six years ago); 2) made his declarative statement to NBC but somehow didn’t see any of the news coverage of the Snowden disclosures proving the existence of domestic spying and 3) made his sweeping “actually abusing” statement somehow not knowing that his own administration previously admitted the NSA had abused its power, and worse, made his statement without bothering to look at the NSA audit report that Gellman revealed today.

So sure, I guess it’s possible Obama has merely been “wrong” but has not been lying. But the implications of that would be just as bad — albeit in a different way — as if he were deliberately lying. It would mean that he is making sweeping and wildly inaccurate statements without bothering to find out if they are actually true. 

Worse, for him merely to be wrong but not deliberately lying, it would mean that he didn’t know the most basic facts about how his own administration runs. It would, in other words, mean he is so totally out of the loop on absolutely everything — even the public news cycle — that he has no idea what’s going on.

I, of course, don’t buy that at all. I don’t buy that a constitutional lawyer and legal scholar didn’t know that the FISA court is secret — aka the opposite of “transparent.” I don’t buy that he simply didn’t see any of the news showing that spying is happening in the United States. And I don’t buy that he didn’t know that there is evidence — both public and inside his own administration — of the NSA “actually abusing” its power.

I don’t buy any of that because, to say the least, it makes no sense. I just don’t buy that he’s so unaware of the world around him that he made such statements from a position of pure ignorance. On top of that, he has a motive. Yes, Obama has an obvious political interest in trying to hide as much of his administration’s potentially illegal behavior as possible, which means he has an incentive to calculatedly lie. 

For all of these reasons, it seems safe to suggest that when it comes to the NSA situation, the president seems to be lying.

But hey, if Obama partisans and the Washington punditburo want to now forward the argument that the president has just been “wrong” or inaccurate or whatever other euphemism du jour avoids the L word, then fine: They should be asking why, by their own argument, the president is so completely unaware of what his government is doing. After all, if he’s not lying, then something is still very, very wrong.



Is Wikileaks bluffing, or did it really just post all its secrets to Facebook?






By Aja Romano on August 17, 2013 Email

Someone remind WikiLeaks that the U.S does not respond well to blackmail.

We'd think this was some kind of interactive Internet mystery if we didn't know better, but in fact WikiLeaks has released about 400 gigabytes' worth of mysterious data in a series of encrypted torrent files called "insurance." And no one can open it.

With nothing better to go on, the Internet has decided that "insurance" may be code for "back off" to the U.S. government—coming just before the sentencing of WikiLeaks cause célèbre Bradley Manning.

File encryption means that the data is hidden and no one can see what's in the shared files without a key to unlock them—which, of course, hasn't been publicly released. 

The size of one of the files is 349 gigabytes, which means that there's either A) enough textual data inside to power a nationwide security crisis for the next 300 years or so, or B) a few very incriminating pieces of video footage.

"I'm getting the feeling these people are spreading some serious material," commented Facebook onlooker Angel Gabriell.

WikiLeaks abruptly released the files and asked the public to mirror them—on Facebook and Twitter, no less, hardly the place you go to drop off highly classified intelligence.

But the most popular theories between the comments of Facebook, Reddit, and Hacker News, are that the data contains information about the identities of U.S. secret agents currently serving around the world.  

WikiLeaks has always anonymized the names of any agents associated with the data in its leaks in order to protect their identities. But with a filename like "Insurance," a few people are betting that the website is preparing for a fight with any governments who want to keep its info out of the hands of the public.

Another popular theory is that the files contain the entirety of a dump that came from the latest WikiLeaks hero, Edward Snowden.

"[C]ould it be that Snowden did a database dump of their entire mainframe, like Manning essentially did?" speculated a user called swiddie on Reddit. "The file could contain the personal information on everyone, aka stasi files, the NSA ever spied on."

That file, if it existed, could be far bigger than 400 gigs.

The files, which were seeded as torrents publicly, went up around 1:30am Eastern, roughly 12 hours or so after a sentencing judge called the actions of former U.S. soldier Bradley Manning in leaking classified data to WikiLeaks "wanton and reckless."

If the files actually are "insurance" to keep the U.S. government from tightening the noose around the necks of Manning, Snowden, and WikiLeaks founder Julian Assange, then it's a risky gamble for the site to take, to say the least. 




Sunday, August 18, 2013

Crocodile-Tear Time for America’s Free Press


by Sam Pizzigati


A rather ruthless billionaire has grabbed one of the world’s great newspapers. But you don’t have to be a high-tech plutocrat, the paper’s previous regime has demonstrated, to help make our world more unequal.

Jeff Bezos, the bezillionaire Amazon CEO, has bought the Washington Post, America’s second-most prestigious daily newspaper. Bezos only had to pay $250 million, less than 1 percent of his over $27.8 billion personal fortune.

[...]

So what’s new, any crusty veteran newspaper reporter might ask. America’s most powerful newspaper publishers have always been, by and large, consistently partial to the privileged.

But we have had exceptions, publishers who remind us how great newspapers could — and should — be wielding their power. The most eloquent of these public-spirited publishers? That may well have been Joseph Pulitzer, the widely honored moving force behind the St. Louis Post-Dispatch.

In his 1907 retirement address, Pulitzer urged his successors to “always oppose privileged classes and public plunderers, never lack sympathy with the poor, always remain devoted to the public welfare, never be satisfied with merely printing news, always be drastically independent, never be afraid to attack wrong, whether by predatory plutocracy or predatory poverty.”

Don’t expect any credo remotely similar to Pulitzer’s admonition to appear on the Washington Postmasthead anytime soon. In his home Washington State, Bezos has played the predatory plutocrat to the hilt.

Three years ago, for instance, the Amazon chief helped bankroll the defeat of a ballot initiative that would have cut taxes on Washington’s small businesses and average families and modestly raised taxes on the state’s rich — like himself.


Friday, August 16, 2013

Freedom in the Cloud







Assange, Manning and Snowden are the new heroes of the era of digitalized control.





We need more Mannings and Snowdens—in China, in Russia, everywhere. There are states much more oppressive than the United States—just imagine what would have happened to someone like Manning in a Russian or Chinese court (in all probability there would be no public trial!) However, one should not exaggerate the softness of the United States.



BY SLAVOJ ŽIŽEK


We all remember President Obama's smiling face, full of hope and trust, when he repeatedly delivered the motto of his first campaign, “Yes, we can!”—we can get rid of the cynicism of the Bush era and bring justice and welfare to the American people. Now that the United States continues with covert operations and expands its intelligence network, spying even on their allies, we can imagine protesters shouting at Obama: “How can you use drones for killing? How can you spy even our allies?” Obama looks back at them and murmurs with a mockingly evil smile:  “Yes we can…”

However, such simple personalization misses the point:  The threat to our freedom disclosed by whistle-blowers has much deeper systemic roots. Edward Snowden should be defended not only because his acts annoyed and embarrassed the U.S. secret services. Their lesson is global; it reaches far beyond the standard U.S. bashing. What he revealed is something that not only the United States but also all the other great (and not so great) powers—from China to Russia, from Germany to Israel—are doing, to the extent they are technologically able to do it. His acts thus provide a factual foundation to our premonitions of how much we are all monitored and controlled. We didn’t really learn from Snowden (or from Manning) anything we didn’t already presume to be true—but it is one thing to know it in general, and another to get concrete data. It is a little bit like knowing that one’s sexual partner is playing around—one can accept the abstract knowledge of it, but pain arises when one learns the steamy details, when one gets pictures of what they were doing.

Back in 1843, the young Karl Marx claimed that the German ancien regime “only imagines that it believes in itself and demands that the world should imagine the same thing.” In such a situation, to put shame on those in power becomes a weapon—or, as Marx goes on: “The actual pressure must be made more pressing by adding to it consciousness of pressure, the shame must be made more shameful by publicizing it.” And this, exactly, is our situation today: we are facing the shameless cynicism of the representatives of the existing global order who only imagine that they believe in their ideas of democracy, human rights, etc. What happens in Wikileaks disclosures is that the shame, theirs and ours for tolerating such power over us, is made more shameful by publicizing it.

What we should be ashamed of is the worldwide process of the gradual narrowing of the space for what Immanuel Kant called the “public use of reason.” In his classic text What is Enlightenment?, Kant opposes “public” and “private” use of reason: “private” is for Kant the communal-institutional order in which we dwell (our state, our nation…), while “public” is the trans-national universality of the exercise of one’s Reason:


The public use of one’s reason must always be free, and it alone can bring about enlightenment among men. The private use of one’s reason, on the other hand, may often be very narrowly restricted without particularly hindering the progress of enlightenment. By public use of one’s reason I understand the use which a person makes of it as a scholar before the reading public. Private use I call that which one may make of it in a particular civil post or office which is entrusted to him.


We see where Kant parts with our liberal common sense: The domain of State is “private,” constrained by particular interests, while individuals reflecting on general issues use reason in a “public” way. This Kantian distinction is especially pertinent with the Internet and other new media torn between their free “public use” and their growing “private” control. In our era of cloud computing, we no longer need strong individual computers: Software and information are available on demand, and users can access web-based tools or applications through browsers as if they were programs installed on their own computer.

This wonderful new world is, however, only one side of the story, which reads like the well-known joke about the doctor who gives “first the good news, then the bad news.” Users are accessing programs and software files that are kept far away in climate-controlled rooms with thousands of computers—or, to quote a propaganda-text on cloud computing:  “Details are abstracted from consumers, who no longer have need for expertise in, or control over, the technology infrastructure ‘in the cloud’ that supports them.” Two words are tell-tale here:  abstraction and control—in order to manage a cloud, there needs to be a monitoring system which controls its functioning, and this system is by definition hidden from users. The more the small item (smartphone or tiny portable) I hold in my hand is personalized, easy to use, “transparent” in its functioning, the more the entire set-up has to rely on the work being done elsewhere, in a vast circuit of machines which coordinate the user’s experience. The more our experience is non-alienated, spontaneous and transparent, the more it is regulated by the invisible network controlled by state agencies and the large private companies that follow the state's secret agendas.

Once we chose to follow the path of state secrets, we sooner or later reach the fateful point at which the very legal regulations prescribing what is secret become secret. Kant formulated the basic axiom of the public law:  “All actions relating to the right of other men are unjust if their maxim is not consistent with publicity.” A secret law, a law unknown to its subjects, legitimizes the arbitrary despotism of those who exercise it, as indicated in the title of a recent report on China:  “Even what’s secret is a secret in China.” Troublesome intellectuals who reported on China's political oppression, ecological catastrophes, rural poverty, etc., got years of prison for betraying state secrets, and the catch is that many of the laws and regulations that made up the state-secret regime are themselves classified, making it difficult for individuals to know how and when they’re in violation.

What makes the all-encompassing control of our lives so dangerous is not that we lose our privacy and all our intimate secrets are exposed to the view of the Big Brother. There is no state agency that is able to exert such control—not because they don’t know enough, but because they know too much. The sheer size of data is too large, and in spite of all intricate programs for detecting suspicious messages, computers which register billions of data are too stupid to interpret and evaluate them properly, yielding ridiculous and unnecessary mistakes whereby innocent bystanders are listed as potential terrorists—and this makes state control of our communications even more dangerous. Without knowing why, without doing anything illegal, we can all of a sudden find ourselves on a list of potential terrorists. Recall the legendary answer of a Hearst newspaper editor to Hearst’s inquiry as to why he doesn't want to take a long-deserved holiday:  “I am afraid that if I go, there will be chaos, everything will fall apart—but I am even more afraid to discover that, if I go, things will just go on as normal without me, a proof that I am not really needed!” Something similar can be said about the state control of our communications:  We should fear that we have no secrets, that secret state agencies know everything, but we should fear even more that they fail in this endeavor.

This is why whistle-blowers play a crucial role in keeping the “public reason” alive. Assange, Manning, Snowden… these are our new heroes, exemplary cases of the new ethics that befits our era of digitalized control. They are no longer just whistle-blowers who denounce illegal practices of private companies (banks, tobacco and oil firms) to the public authorities; they denounce these public authorities themselves when they engage in “private use of reason.”

We need more Mannings and Snowdens—in China, in Russia, everywhere. There are states much more oppressive than the United States—just imagine what would have happened to someone like Manning in a Russian or Chinese court (in all probability there would be no public trial!) However, one should not exaggerate the softness of the United States. True, the United States doesn’t treat prisoners as brutally as China or Russia—because of their technological priority, they simply do not need the openly brutal approach (which they are more than ready to apply when it is needed)—the invisible digital control can do well enough. In this sense, the United States is even more dangerous than China insofar as their measures of control are not perceived as such, while Chinese brutality is openly displayed.

It is therefore not enough to play one state against the other (as Snowden did, when he used Russia against the United States). We need a new International—an international network to organize the protection of whistle-blowers and the dissemination of their message. Whistle-blowers are our heroes because they prove that if those in power can do their job of controlling us, we can also fight back and throw them into a panic.



[information about the author follows]




Botched Paramilitary Police Raids








[...]

An Epidemic of "Isolated Incidents"

"If a widespread pattern of [knock-and-announce] violations were shown . . . there would be reason for grave concern."
   —Supreme Court Justice Anthony Kennedy, in Hudson v. Michigan, June 15, 2006.

An interactive map of botched SWAT and paramilitary police raids, released in conjunction with the Cato policy paper "Overkill: The Rise of Paramilitary Police Raids," by Radley Balko.

[map] 

Pay Your Student Loans Or Be Ready For The S.W.A.T Team?





According to News10 in California, Stockton resident Kenneth Wright had his door broken in by a S.W.A.T. team executing a search warrant in the early morning hours.  Wright claims both he and his children were terrorized by the intruding and unexpected police presence in their home, as the team searched their house for hours.

The reason?  The father claims it was over student loan delinquency.

The news report states that the Department of Education’s Inspector General confirms that they issued the search warrant and that they have agents permission to do this type of procedure.  They  were accompanied by one local police car and police officer as well, although local police have been quick to assure that they were not responsible for the actual breaking down of the door, nor did they conduct the search itself.  Police also state that Wright was never handcuffed.

The OIG also says that the issue was not student loan delinquency, but possible embezzlement or fraud involving loans or federal aid.

Education Department Press Secretary Justin Hamilton said in a statement to The Lookout that the department “does not execute search warrants for late loan payments.” He said the Office of the Inspector General “conducts about 30-35 search warrants a year on issues such as bribery, fraud, and embezzlement of federal student aid funds.” Hamilton said the department cannot comment on this particular case until the investigation is over, but did add that the claim the warrant was executed for late loan payment is untrue.

Whether it was delinquency or fraud, one thing that seems clear – that so many people could envision that the federal government  sending a S.W.A.T. team to apprehend someone who defaulted on their loans shows the exact state of our trust in the government today.

[...]

Ripping Off Young America: The College-Loan Scandal



by Matt Taibbi


[...]

A 2005 Wall Street Journal story by John Hechinger showed that the Department of Education was projecting it would actually make money on students who defaulted on loans, and would collect on average 100 percent of the principal, plus an additional 20 percent in fees and payments.

Hechinger's reporting would continue over the years to be borne out in official documents. In 2010, for instance, the Obama White House projected the default recovery rate for all forms of federal Stafford loans (one of the most common federally backed loans for undergraduates and graduates) to be above 122 percent. The most recent White House projection was slightly less aggressive, predicting a recovery rate of between 104 percent and 109 percent for Stafford loans.

When Rolling Stone reached out to the DOE to ask for an explanation of those numbers, we got no answer. In the past, however, the federal government has responded to such criticisms by insisting that it doesn't make a profit on defaults, arguing that the government incurs costs farming out negligent accounts to collectors, and also loses even more thanks to the opportunity cost of lost time. For instance, the government claimed its projected recovery rate for one type of defaulted Stafford loans in 2013 to be 109.8 percent, but after factoring in collection costs, that number drops to 95.7 percent. Factor in the additional cost of lost time, and the "net" projected recovery rate for these Stafford loans is 81.8 percent.

Still, those recovery numbers are extremely high, compared with, say, credit-card debt, where recovery rates of 15 percent are not uncommon. Whether the recovery rate is 110 percent or 80 percent, it seems doubtful that losses from defaults come close to impacting the government's bottom line, since the state continues to project massive earnings from its student-loan program. After the latest compromise, the 10-year revenue projection for the DOE's lending programs is $184,715,000,000, or $715 million higher than the old projection – underscoring the fact that the latest deal, while perhaps rescuing students this coming year from high rates, still expects to ding them hard down the road.

But the main question is, how is the idea that the government might make profits on defaulted loans even up for debate? The answer lies in the uniquely blood-draining legal framework in which federal student loans are issued. First of all, a high percentage of student borrowers enter into their loans having no idea that they're signing up for a relationship as unbreakable as herpes. Not only has Congress almost completely stripped students of their right to disgorge their debts through bankruptcy (amazing, when one considers that even gamblers can declare bankruptcy!), it has also restricted the students' ability to refinance loans. Even Truth in Lending Act requirements – which normally require lenders to fully disclose future costs to would-be customers – don't cover certain student loans. That student lenders can escape from such requirements is especially pernicious, given that their pool of borrowers are typically one step removed from being children, but the law goes further than that and tacitly permits lenders to deceive their teenage clients.

Not all student borrowers have access to the same information. A 2008 federal education law forced private lenders to disclose the Annual Percentage Rate (APR) to prospective borrowers; APR is a more complex number that often includes fees and other charges. But lenders of federally backed student loans do not have to make the same disclosures.

"Only a small minority of those who've been to college have been told very simple things, like what their interest rate was," says Collinge. "A lot of straight-up lies have been foisted on students."

Talk to any of the 38 million Americans who have outstanding student-loan debt, and he or she is likely to tell you a story about how a single moment in a financial-aid office at the age of 18 or 19 – an age when most people can barely do a load of laundry without help – ended up ruining his or her life. "I was 19 years old," says 24-year-old Lyndsay Green, a graduate of the University of Alabama, in a typical story. "I didn't understand what was going on, but my mother was there. She had signed, and now it was my turn. So I did." Six years later, she says, "I am nearly $45,000 in debt. . . . If I had known what I was doing, I would never have gone to college."

"Nobody sits down and explains to you what it all means," says 24-year-old Andrew Geliebter, who took out loans to get what he calls "a degree in bullshit"; he entered a public-relations program at Temple University. His loan payments are now 50 percent of his gross income, leaving only about $100 a week for groceries for his family of four.

Another debtor, a 38-year-old attorney who suffered a pulmonary embolism and went into default as a result, is now more than $100,000 in debt. Bedridden and fully disabled, he accepts he will likely be in debt until his death. He asked that his name be withheld because he doesn't want to incur the wrath of the government by disclosing the awful punch line to his story: After he qualified for federal disability payments in 2009, the Department of Education quickly began garnishing $170 a month from his disability check.

"Student-loan debt collectors have power that would make a mobster envious" is how Sen. Elizabeth Warren put it. Collectors can garnish everything from wages to tax returns to Social Security payments to, yes, disability checks. Debtors can also be barred from the military, lose professional licenses and suffer other consequences no private lender could possibly throw at a borrower.

The upshot of all this is that the government can essentially lend without fear, because its strong-arm collection powers dictate that one way or another, the money will come back. Even a very high default rate may not dissuade the government from continuing to make mountains of credit available to naive young people.

"If the DOE had any skin in the game," says Collinge, "if they actually saw significant loss from defaulted loans, they would years ago have said, 'Whoa, we need to freeze lending,' or, 'We need to kick 100 schools out of the lending program.'"

Turning down the credit spigot would force schools to compete by bringing prices down. It would help to weed out crappy schools that hawked worthless "degrees in bullshit." It would also force prospective students to meet higher standards – not just anyone would get student loans, which is maybe the way it should be.

But that's not how it is. For one thing, the check on crappy schools and sleazy "diploma mill" institutions is essentially broken thanks to a corrupt dynamic similar to the way credit-rating agencies have failed in the finance world. Schools must be accredited institutions to receive tuition via federal student loans, but the accrediting agencies are nongovernmental captives of the education industry. "The government has outsourced its responsibilities for ensuring quality to weak, nonprofit organizations that are essentially owned and run by existing colleges," says Carey.

Fly-by-night, for-profit schools can be some of the most aggressive in lobbying for the raising of federal-loan limits. The reason is simple – some of them subsist almost entirely on federal loans. There's actually a law prohibiting these schools from having more than 90 percent of their tuition income come from federally backed loans. It would seem to amaze that any school would come even close to depending that much on taxpayers, but Carey notes with disdain that some schools use loopholes to go beyond the limit (for instance, loans to servicemen are technically issued through the Department of Defense, so they don't count toward the 90 percent figure).

Bottomless credit equals inflated prices equals more money for colleges and universities, more hidden taxes for the government to collect and, perhaps most important, a bigger and more dangerous debt bomb on the backs of the adult working population.

The stats on the latter are now undeniable. Having passed credit cards to became the largest pile of owed money in America outside of the real-estate market, outstanding student debt topped $1 trillion by the end of 2011. Last November, the New York Fed reported an amazing statistic: During just the third quarter of 2012, non-real-estate household debt rose nationally by 2.3 percent, or a staggering $62 billion. And an equally staggering $42 billion of that was student-loan debt.

The exploding-debt scenario is such a conspicuous problem that the Federal Advisory Council – a group of bankers who advise the Federal Reserve Board of Governors – has compared it to the mortgage crash, warning that "recent growth in student-loan debt . . . has parallels to the housing crisis." Agreeing with activists like Collinge, it cited a "significant growth of subsidized lending" as a major factor in the student-debt mess.

One final, eerie similarity to the mortgage crisis is that while analysts on both the left and the right agree that the ballooning student-debt mess can be blamed on too much easy credit, there is sharp disagreement about the reason for the existence of that easy credit. 

Many finance-sector analysts see the problem as being founded in ill-considered social engineering, an unrealistic desire to put as many kids into college as possible that mirrors the state's home-ownership goals that many conservatives still believe fueled the mortgage crisis. "These problems are the result of government officials pushing a social good – i.e., broader college attendance" is how libertarian writer Steven Greenhut put it.

Others, however, view the easy money as the massive subsidy for an education industry, which spent between $88 million and $110 million lobbying government in each of the past six years, and historically has spent recklessly no matter who happened to be footing the bill – parents, states, the federal government, young people, whomever.

Carey talks about how colleges spend a lot of energy on what he calls "gilding" – pouring money into superficial symbols of prestige, everything from new buildings to celebrity professors, as part of a "never-ending race for positional status."

"What you see is that spending on education hasn't really gone up all that much," he says. "It's spending on things like buildings and administration. . . . Lots and lots of people getting paid $200,000, $300,000 a year to do . . . something."

Once upon a time, when the economy was healthier, it was parents who paid for these excesses. "But eventually those people ran out of money," Carey says, "so they had to start borrowing."

If federal loan programs aren't being swallowed up by greedy schools for expensive and useless gilding, they're being manipulated by the federal government itself. The massive earnings the government gets on student-loan programs amount to a crude backdoor tax increase disguised by cynical legislators (who hesitate to ask constituents with more powerful lobbies to help cut the deficit) as an investment in America's youth.

"It's basically a $185 billion tax hike on middle-income and low-income citizens and their families," says Warren Gunnels, senior policy adviser for Vermont's Sen. Bernie Sanders, one of the few legislators critical of the recent congressional student-loan compromise.


[...]

Wednesday, August 14, 2013

How much data the NSA really gets


The NSA claims it 'touches' only 1.6% of internet traffic – doesn't sound a lot. In fact, that's practically everything that matters

Jeff Jarvis

theguardian.com
, Tuesday 13 August 2013 07.45 EDT


Fear not, says the NSA, we "touch" only 1.6% of daily internet traffic. If, as they say, the net carries 1,826 petabytes of information per day, then the NSA "touches" about 29 petabytes a day. They don't say what "touch" means.

Ingest? Store? Analyze?

For context, Google in 2010 said it had indexed only 0.004% of the data on the net. So, by inference from the percentages, does that mean that the NSA is equal to 400 Googles?

Seven petabytes of photos are added to Facebook each month. That's .23 petabytes per day. So that means the NSA is 126 Facebooks.

Keep in mind that most of the data passing on the net is not email or web pages. It's media. According to Sandvine data (pdf) for the US fixed net from 2013, real-time entertainment accounted for 62% of net traffic, P2P file-sharing for 10.5%.

The NSA needn't watch all those episodes of Homeland (or maybe they should) or listen to all that Coldplay – though, I'm sure the RIAA and MPAA are dying to know what the NSA knows about who's "stealing" what, since that "stealing" allegedly accounts for 23.8% of net traffic.

HTTP – the web – accounts for only 11.8% of aggregated and download traffic in the US, Sandvine says. Communications – the part of the net the NSA really cares about – accounts for 2.9% in the US.

So, by very rough, beer-soaked-napkin numbers, the NSA's 1.6% of net traffic would be half of the communication on the net. That's one helluva lot of "touching".

Keep in mind that, by one estimate, 68.8% of email is spam.

And, of course, metadata doesn't add up to much data at all; it's just a few bits per file – who sent what to whom – and that's where the NSA finds much of its supposedly incriminating information. So, these numbers are meaningless when it comes to looking at how much the NSA knows about who's talking to whom. With the NSA's clearance to go three hops out from a suspect, it doesn't take very long at all before this law of large numbers encompasses practically everyone.

If you have better data (and better math) than I have, please do share it.



Tuesday, August 13, 2013

How Laura Poitras Helped Snowden Spill His Secrets






This past January, Laura Poitras received a curious e-mail from an anonymous stranger requesting her public encryption key. For almost two years, Poitras had been working on a documentary about surveillance, and she occasionally received queries from strangers. She replied to this one and sent her public key — allowing him or her to send an encrypted e-mail that only Poitras could open, with her private key — but she didn’t think much would come of it.

The stranger responded with instructions for creating an even more secure system to protect their exchanges. Promising sensitive information, the stranger told Poitras to select long pass phrases that could withstand a brute-force attack by networked computers. “Assume that your adversary is capable of a trillion guesses per second,” the stranger wrote.

Before long, Poitras received an encrypted message that outlined a number of secret surveillance programs run by the government. She had heard of one of them but not the others. After describing each program, the stranger wrote some version of the phrase, “This I can prove.”

Seconds after she decrypted and read the e-mail, Poitras disconnected from the Internet and removed the message from her computer. “I thought, O.K., if this is true, my life just changed,” she told me last month. “It was staggering, what he claimed to know and be able to provide. I just knew that I had to change everything.”

Poitras remained wary of whoever it was she was communicating with. She worried especially that a government agent might be trying to trick her into disclosing information about the people she interviewed for her documentary, including Julian Assange, the editor of WikiLeaks. “I called him out,” Poitras recalled. “I said either you have this information and you are taking huge risks or you are trying to entrap me and the people I know, or you’re crazy.”

The answers were reassuring but not definitive. Poitras did not know the stranger’s name, sex, age or employer (C.I.A.? N.S.A.? Pentagon?). In early June, she finally got the answers. Along with her reporting partner, Glenn Greenwald, a former lawyer and a columnist for The Guardian, Poitras flew to Hong Kong and met the N.S.A. contractor Edward J. Snowden, who gave them thousands of classified documents, setting off a major controversy over the extent and legality of government surveillance. Poitras was right that, among other things, her life would never be the same.

[...]

As dusk fell one evening, I followed Poitras and Greenwald to the newsroom of O Globo, one of the largest newspapers in Brazil. Greenwald had just published an article there detailing how the N.S.A. was spying on Brazilian phone calls and e-mails. The article caused a huge scandal in Brazil, as similar articles have done in other countries around the world, and Greenwald was a celebrity in the newsroom. The editor in chief pumped his hand and asked him to write a regular column; reporters took souvenir pictures with their cellphones. Poitras filmed some of this, then put her camera down and looked on. I noted that nobody was paying attention to her, that all eyes were on Greenwald, and she smiled. “That’s right,” she said. “That’s perfect.”

Poitras seems to work at blending in, a function more of strategy than of shyness. She can actually be remarkably forceful when it comes to managing information. During a conversation in which I began to ask her a few questions about her personal life, she remarked, “This is like visiting the dentist.” The thumbnail portrait is this: She was raised in a well-off family outside Boston, and after high school, she moved to San Francisco to work as a chef in upscale restaurants. She also took classes at the San Francisco Art Institute, where she studied under the experimental filmmaker Ernie Gehr. 

In 1992, she moved to New York and began to make her way in the film world, while also enrolling in graduate classes in social and political theory at the New School. Since then she has made five films, most recently “The Oath,” about the Guantánamo prisoner Salim Hamdan and his brother-in-law back in Yemen, and has been the recipient of a Peabody Award and a MacArthur award.

On Sept. 11, 2001, Poitras was on the Upper West Side of Manhattan when the towers were attacked. Like most New Yorkers, in the weeks that followed she was swept up in both mourning and a feeling of unity. It was a moment, she said, when “people could have done anything, in a positive sense.” When that moment led to the pre-emptive invasion of Iraq, she felt that her country had lost its way. “We always wonder how countries can veer off course,” she said. “How do people let it happen, how do people sit by during this slipping of boundaries?” Poitras had no experience in conflict zones, but in June 2004, she went to Iraq and began documenting the occupation.

Shortly after arriving in Baghdad, she received permission to go to Abu Ghraib prison to film a visit by members of Baghdad’s City Council. This was just a few months after photos were published of American soldiers abusing prisoners there. A prominent Sunni doctor was part of the visiting delegation, and Poitras shot a remarkable scene of his interaction with prisoners there, shouting that they were locked up for no good reason.

The doctor, Riyadh al-Adhadh, invited Poitras to his clinic and later allowed her to report on his life in Baghdad. Her documentary, “My Country, My Country,” is centered on his family’s travails — the shootings and blackouts in their neighborhood, the kidnapping of a nephew. The film premiered in early 2006 and received widespread acclaim, including an Oscar nomination for best documentary.

Attempting to tell the story of the war’s effect on Iraqi citizens made Poitras the target of serious — and apparently false — accusations. On Nov. 19, 2004, Iraqi troops, supported by American forces, raided a mosque in the doctor’s neighborhood of Adhamiya, killing several people inside. The next day, the neighborhood erupted in violence. Poitras was with the doctor’s family, and occasionally they would go to the roof of the home to get a sense of what was going on. On one of those rooftop visits, she was seen by soldiers from an Oregon National Guard battalion. Shortly after, a group of insurgents launched an attack that killed one of the Americans. Some soldiers speculated that Poitras was on the roof because she had advance notice of the attack and wanted to film it. Their battalion commander, Lt. Col. Daniel Hendrickson, retired, told me last month that he filed a report about her to brigade headquarters.

There is no evidence to support this claim. Fighting occurred throughout the neighborhood that day, so it would have been difficult for any journalist to not be near the site of an attack. The soldiers who made the allegation told me that they have no evidence to prove it. Hendrickson told me his brigade headquarters never got back to him.

For several months after the attack in Adhamiya, Poitras continued to live in the Green Zone and work as an embedded journalist with the U.S. military. She has screened her film to a number of military audiences, including at the U.S. Army War College. An officer who interacted with Poitras in Baghdad, Maj. Tom Mowle, retired, said Poitras was always filming and it “completely makes sense” she would film on a violent day. “I think it’s a pretty ridiculous allegation,” he said.

Although the allegations were without evidence, they may be related to Poitras’s many detentions and searches. Hendrickson and another soldier told me that in 2007 — months after she was first detained — investigators from the Department of Justice’s Joint Terrorism Task Force interviewed them, inquiring about Poitras’s activities in Baghdad that day. Poitras was never contacted by those or any other investigators, however. “Iraq forces and the U.S. military raided a mosque during Friday prayers and killed several people,” Poitras said. “Violence broke out the next day. I am a documentary filmmaker and was filming in the neighborhood. Any suggestion I knew about an attack is false. The U.S. government should investigate who ordered the raid, not journalists covering the war.”

In June 2006, her tickets on domestic flights were marked “SSSS” — Secondary Security Screening Selection — which means the bearer faces extra scrutiny beyond the usual measures. She was detained for the first time at Newark International Airport before boarding a flight to Israel, where she was showing her film. On her return flight, she was held for two hours before being allowed to re-enter the country. The next month, she traveled to Bosnia to show the film at a festival there. When she flew out of Sarajevo and landed in Vienna, she was paged on the airport loudspeaker and told to go to a security desk; from there she was led to a van and driven to another part of the airport, then taken into a room where luggage was examined.

“They took my bags and checked them,” Poitras said. “They asked me what I was doing, and I said I was showing a movie in Sarajevo about the Iraq war. And then I sort of befriended the security guy. I asked what was going on. He said: ‘You’re flagged. You have a threat score that is off the Richter scale. You are at 400 out of 400.’ I said, ‘Is this a scoring system that works throughout all of Europe, or is this an American scoring system?’ He said. ‘No, this is your government that has this and has told us to stop you.’ ”

After 9/11, the U.S. government began compiling a terrorist watch list that was at one point estimated to contain nearly a million names. There are at least two subsidiary lists that relate to air travel. The no-fly list contains the names of tens of thousands of people who are not allowed to fly into or out of the country. The selectee list, which is larger than the no-fly list, subjects people to extra airport inspections and questioning. These lists have been criticized by civil rights groups for being too broad and arbitrary and for violating the rights of Americans who are on them.

In Vienna, Poitras was eventually cleared to board her connecting flight to New York, but when she landed at J.F.K., she was met at the gate by two armed law-enforcement agents and taken to a room for questioning. It is a routine that has happened so many times since then — on more than 40 occasions — that she has lost precise count. 

Initially, she said, the authorities were interested in the paper she carried, copying her receipts and, once, her notebook. After she stopped carrying her notes, they focused on her electronics instead, telling her that if she didn’t answer their questions, they would confiscate her gear and get their answers that way. On one occasion, Poitras says, they did seize her computers and cellphones and kept them for weeks. She was also told that her refusal to answer questions was itself a suspicious act. Because the interrogations took place at international boarding crossings, where the government contends that ordinary constitutional rights do not apply, she was not permitted to have a lawyer present.

“It’s a total violation,” Poitras said. “That’s how it feels. They are interested in information that pertains to the work I am doing that’s clearly private and privileged. It’s an intimidating situation when people with guns meet you when you get off an airplane.”

Though she has written to members of Congress and has submitted Freedom of Information Act requests, Poitras has never received any explanation for why she was put on a watch list. “It’s infuriating that I have to speculate why,” she said. “When did that universe begin, that people are put on a list and are never told and are stopped for six years? I have no idea why they did it. It’s the complete suspension of due process.” 

She added: “I’ve been told nothing, I’ve been asked nothing, and I’ve done nothing. It’s like Kafka. Nobody ever tells you what the accusation is.”

After being detained repeatedly, Poitras began taking steps to protect her data, asking a traveling companion to carry her laptop, leaving her notebooks overseas with friends or in safe deposit boxes. She would wipe her computers and cellphones clean so that there would be nothing for the authorities to see. Or she encrypted her data, so that law enforcement could not read any files they might get hold of. These security preparations could take a day or more before her travels.

It wasn’t just border searches that she had to worry about. Poitras said she felt that if the government was suspicious enough to interrogate her at airports, it was also most likely surveilling her e-mail, phone calls and Web browsing. “I assume that there are National Security Letters on my e-mails,” she told me, referring to one of the secretive surveillance tools used by the Department of Justice. A National Security Letter requires its recipients — in most cases, Internet service providers and phone companies — to provide customer data without notifying the customers or any other parties. Poitras suspected (but could not confirm, because her phone company and I.S.P. would be prohibited from telling her) that the F.B.I. had issued National Security Letters for her electronic communications.

Once she began working on her surveillance film in 2011, she raised her digital security to an even higher level. She cut down her use of a cellphone, which betrays not only who you are calling and when, but your location at any given point in time. She was careful about e-mailing sensitive documents or having sensitive conversations on the phone. She began using software that masked the Web sites she visited. After she was contacted by Snowden in 2013, she tightened her security yet another notch. In addition to encrypting any sensitive e-mails, she began using different computers for editing film, for communicating and for reading sensitive documents (the one for sensitive documents is air-gapped, meaning it has never been connected to the Internet).

These precautions might seem paranoid — Poitras describes them as “pretty extreme” — but the people she has interviewed for her film were targets of the sort of surveillance and seizure that she fears. William Binney, a former top N.S.A. official who publicly accused the agency of illegal surveillance, was at home one morning in 2007 when F.B.I. agents burst in and aimed their weapons at his wife, his son and himself. 

Binney was, at the moment the agent entered his bathroom and pointed a gun at his head, naked in the shower. His computers, disks and personal records were confiscated and have not yet been returned. Binney has not been charged with any crime.

Jacob Appelbaum, a privacy activist who was a volunteer with WikiLeaks, has also been filmed by Poitras. The government issued a secret order to Twitter for access to Appelbaum’s account data, which became public when Twitter fought the order. 

Though the company was forced to hand over the data, it was allowed to tell Appelbaum. Google and a small I.S.P. that Appelbaum used were also served with secret orders and fought to alert him. Like Binney, Appelbaum has not been charged with any crime.

Poitras endured the airport searches for years with little public complaint, lest her protests generate more suspicion and hostility from the government, but last year she reached a breaking point. While being interrogated at Newark after a flight from Britain, she was told she could not take notes. On the advice of lawyers, Poitras always recorded the names of border agents and the questions they asked and the material they copied or seized. But at Newark, an agent threatened to handcuff her if she continued writing. She was told that she was being barred from writing anything down because she might use her pen as a weapon.

“Then I asked for crayons,” Poitras recalled, “and he said no to crayons.”

She was taken into another room and interrogated by three agents — one was behind her, another asked the questions, the third was a supervisor. “It went on for maybe an hour and a half,” she said. “I was taking notes of their questions, or trying to, and they yelled at me. I said, ‘Show me the law where it says I can’t take notes.’ We were in a sense debating what they were trying to forbid me from doing. They said, ‘We are the ones asking the questions.’ It was a pretty aggressive, antagonistic encounter.”

Poitras met Greenwald in 2010, when she became interested in his work on WikiLeaks. 

In 2011, she went to Rio to film him for her documentary. He was aware of the searches and asked several times for permission to write about them. After Newark, she gave him a green light.

“She said, ‘I’ve had it,’ ” Greenwald told me. “Her ability to take notes and document what was happening was her one sense of agency, to maintain some degree of control. Documenting is what she does. I think she was feeling that the one vestige of security and control in this situation had been taken away from her, without any explanation, just as an arbitrary exercise of power.”

At the time, Greenwald was a writer for Salon. His article, “U.S. Filmmaker Repeatedly Detained at Border,” was published in April 2012. Shortly after it was posted, the detentions ceased. Six years of surveillance and harassment, Poitras hoped, might be coming to an end.

Poitras was not Snowden’s first choice as the person to whom he wanted to leak thousands of N.S.A. documents. In fact, a month before contacting her, he reached out to Greenwald, who had written extensively and critically about the wars in Iraq and Afghanistan and the erosion of civil liberties in the wake of 9/11. Snowden anonymously sent him an e-mail saying he had documents he wanted to share, and followed that up with a step-by-step guide on how to encrypt communications, which Greenwald ignored. Snowden then sent a link to an encryption video, also to no avail.
“It’s really annoying and complicated, the encryption software,” Greenwald said as we sat on his porch during a tropical drizzle. “He kept harassing me, but at some point he just got frustrated, so he went to Laura.”

Snowden had read Greenwald’s article about Poitras’s troubles at U.S. airports and knew she was making a film about the government’s surveillance programs; he had also seen a short documentary about the N.S.A. that she made for The New York Times Op-Docs. He figured that she would understand the programs he wanted to leak about and would know how to communicate in a secure way.

By late winter, Poitras decided that the stranger with whom she was communicating was credible. There were none of the provocations that she would expect from a government agent — no requests for information about the people she was in touch with, no questions about what she was working on. Snowden told her early on that she would need to work with someone else, and that she should reach out to Greenwald. 

She was unaware that Snowden had already tried to contact Greenwald, and Greenwald would not realize until he met Snowden in Hong Kong that this was the person who had contacted him more than six months earlier.

There were surprises for everyone in these exchanges — including Snowden, who answered questions that I submitted to him through Poitras. In response to a question about when he realized he could trust Poitras, he wrote: “We came to a point in the verification and vetting process where I discovered Laura was more suspicious of me than I was of her, and I’m famously paranoid.” When I asked him about Greenwald’s initial silence in response to his requests and instructions for encrypted communications, Snowden replied: “I know journalists are busy and had assumed being taken seriously would be a challenge, especially given the paucity of detail I could initially offer. At the same time, this is 2013, and [he is] a journalist who regularly reported on the concentration and excess of state power. I was surprised to realize that there were people in news organizations who didn’t recognize any unencrypted message sent over the Internet is being delivered to every intelligence service in the world.”

In April, Poitras e-mailed Greenwald to say they needed to speak face to face. Greenwald happened to be in the United States, speaking at a conference in a suburb of New York City, and the two met in the lobby of his hotel. “She was very cautious,” Greenwald recalled. “She insisted that I not take my cellphone, because of this ability the government has to remotely listen to cellphones even when they are turned off. She had printed off the e-mails, and I remember reading the e-mails and felt intuitively that this was real. The passion and thought behind what Snowden — who we didn’t know was Snowden at the time — was saying was palpable.”

Greenwald installed encryption software and began communicating with the stranger. Their work was organized like an intelligence operation, with Poitras as the mastermind. 

“Operational security — she dictated all of that,” Greenwald said. “Which computers I used, how I communicated, how I safeguarded the information, where copies were kept, with whom they were kept, in which places. She has this complete expert level of understanding of how to do a story like this with total technical and operational safety. 
None of this would have happened with anything near the efficacy and impact it did, had she not been working with me in every sense and really taking the lead in coordinating most of it.”

Snowden began to provide documents to the two of them. Poitras wouldn’t tell me when he began sending her documents; she does not want to provide the government with information that could be used in a trial against Snowden or herself. He also said he would soon be ready to meet them. When Poitras asked if she should plan on driving to their meeting or taking a train, Snowden told her to be ready to get on a plane.

In May, he sent encrypted messages telling the two of them to go to Hong Kong. Greenwald flew to New York from Rio, and Poitras joined him for meetings with the editor of The Guardian’s American edition. With the paper’s reputation on the line, the editor asked them to bring along a veteran Guardian reporter, Ewen MacAskill, and on June 1, the trio boarded a 16-hour flight from J.F.K. to Hong Kong.

Snowden had sent a small number of documents to Greenwald, about 20 in all, but Poitras had received a larger trove, which she hadn’t yet had the opportunity to read closely. On the plane, Greenwald began going through its contents, eventually coming across a secret court order requiring Verizon to give its customer phone records to the N.S.A. The four-page order was from the Foreign Intelligence Surveillance Court, a panel whose decisions are highly classified. Although it was rumored that the N.S.A. was collecting large numbers of American phone records, the government always denied it.

Poitras, sitting 20 rows behind Greenwald, occasionally went forward to talk about what he was reading. As the man sitting next to him slept, Greenwald pointed to the FISA order on his screen and asked Poitras: “Have you seen this? Is this saying what I’m thinking it’s saying?”

[...]

Snowden had instructed them that once they were in Hong Kong, they were to go at an appointed time to the Kowloon district and stand outside a restaurant that was in a mall connected to the Mira Hotel. There, they were to wait until they saw a man carrying a Rubik’s Cube, then ask him when the restaurant would open. The man would answer their question, but then warn that the food was bad. When the man with the Rubik’s Cube arrived, it was Edward Snowden, who was 29 at the time but looked even younger.

“Both of us almost fell over when we saw how young he was,” Poitras said, still sounding surprised. “I had no idea. I assumed I was dealing with somebody who was really high-level and therefore older. But I also knew from our back and forth that he was incredibly knowledgeable about computer systems, which put him younger in my mind. So I was thinking like 40s, somebody who really grew up on computers but who had to be at a higher level.”

In our encrypted chat, Snowden also remarked on this moment: “I think they were annoyed that I was younger than they expected, and I was annoyed that they had arrived too early, which complicated the initial verification. As soon as we were behind closed doors, however, I think everyone was reassured by the obsessive attention to precaution and bona fides.”

They followed Snowden to his room, where Poitras immediately shifted into documentarian mode, taking her camera out. “It was a little bit tense, a little uncomfortable,” Greenwald said of those initial minutes. “We sat down, and we just started chatting, and Laura was immediately unpacking her camera. The instant that she turned on the camera, I very vividly recall that both he and I completely stiffened up.”
Greenwald began the questioning. “I wanted to test the consistency of his claims, and I just wanted all the information I could get, given how much I knew this was going to be affecting my credibility and everything else. We weren’t really able to establish a human bond until after that five or six hours was over.”

For Poitras, the camera certainly alters the human dynamic, but not in a bad way. When someone consents to being filmed — even if the consent is indirectly gained when she turns on the camera — this is an act of trust that raises the emotional stakes of the moment. What Greenwald saw as stilted, Poitras saw as a kind of bonding, the sharing of an immense risk. “There is something really palpable and emotional in being trusted like that,” she said.

Snowden, though taken by surprise, got used to it. “As one might imagine, normally spies allergically avoid contact with reporters or media, so I was a virgin source — everything was a surprise. . . . But we all knew what was at stake. The weight of the situation actually made it easier to focus on what was in the public interest rather than our own. I think we all knew there was no going back once she turned the camera on.”

For the next week, their preparations followed a similar pattern — when they entered Snowden’s room, they would remove their cellphone batteries and place them in the refrigerator of Snowden’s minibar. They lined pillows against the door, to discourage eavesdropping from outside, then Poitras set up her camera and filmed. It was important to Snowden to explain to them how the government’s intelligence machinery worked because he feared that he could be arrested at any time.

Greenwald’s first articles — including the initial one detailing the Verizon order he read about on the flight to Hong Kong — appeared while they were still in the process of interviewing Snowden. It made for a strange experience, creating the news together, then watching it spread. “We could see it being covered,” Poitras said. “We were all surprised at how much attention it was getting. Our work was very focused, and we were paying attention to that, but we could see on TV that it was taking off. We were in this closed circle, and around us we knew that reverberations were happening, and they could be seen and they could be felt.”

Snowden told them before they arrived in Hong Kong that he wanted to go public. He wanted to take responsibility for what he was doing, Poitras said, and he didn’t want others to be unfairly targeted, and he assumed he would be identified at some point. She made a 12½-minute video of him that was posted online June 9, a few days after Greenwald’s first articles. It triggered a media circus in Hong Kong, as reporters scrambled to learn their whereabouts.

There were a number of subjects that Poitras declined to discuss with me on the record and others she wouldn’t discuss at all — some for security and legal reasons, others because she wants to be the first to tell crucial parts of her story in her own documentary. Of her parting with Snowden once the video was posted, she would only say, “We knew that once it went public, it was the end of that period of working.”

Snowden checked out of his hotel and went into hiding. Reporters found out where Poitras was staying — she and Greenwald were at different hotels — and phone calls started coming to her room. At one point, someone knocked on her door and asked for her by name. She knew by then that reporters had discovered Greenwald, so she called hotel security and arranged to be escorted out a back exit.

She tried to stay in Hong Kong, thinking Snowden might want to see her again, and because she wanted to film the Chinese reaction to his disclosures. But she had now become a figure of interest herself, not just a reporter behind the camera. On June 15, as she was filming a pro-Snowden rally outside the U.S. consulate, a CNN reporter spotted her and began asking questions. Poitras declined to answer and slipped away. 

That evening, she left Hong Kong.

Poitras flew directly to Berlin, where the previous fall she rented an apartment where she could edit her documentary without worrying that the F.B.I. would show up with a search warrant for her hard drives. “There is a filter constantly between the places where I feel I have privacy and don’t,” she said, “and that line is becoming increasingly narrow.” She added: “I’m not stopping what I’m doing, but I have left the country. I literally didn’t feel like I could protect my material in the United States, and this was before I was contacted by Snowden. If you promise someone you’re going to protect them as a source and you know the government is monitoring you or seizing your laptop, you can’t actually physically do it.”

After two weeks in Berlin, Poitras traveled to Rio, where I then met her and Greenwald a few days later. My first stop was the Copacabana hotel, where they were working that day with MacAskill and another visiting reporter from The Guardian, James Ball. Poitras was putting together a new video about Snowden that would be posted in a few days on The Guardian’s Web site. Greenwald, with several Guardian reporters, was working on yet another blockbuster article, this one about Microsoft’s close collaboration with the N.S.A. The room was crowded — there weren’t enough chairs for everyone, so someone was always sitting on the bed or floor. A number of thumb drives were passed back and forth, though I was not told what was on them.

Poitras and Greenwald were worried about Snowden. They hadn’t heard from him since Hong Kong. At the moment, he was stuck in diplomatic limbo in the transit area of Moscow’s Sheremetyevo airport, the most-wanted man on the planet, sought by the U.S. government for espionage. (He would later be granted temporary asylum in Russia.) The video that Poitras was working on, using footage she shot in Hong Kong, would be the first the world had seen of Snowden in a month.

“Now that he’s incommunicado, we don’t know if we’ll even hear from him again,” she said.

“Is he O.K.?” MacAskill asked.

“His lawyer said he’s O.K.,” Greenwald responded.

“But he’s not in direct contact with Snowden,” Poitras said

When Greenwald got home that evening, Snowden contacted him online. Two days later, while she was working at Greenwald’s house, Poitras also heard from him.

[...]

Poitras and Greenwald are an especially dramatic example of what outsider reporting looks like in 2013. They do not work in a newsroom, and they personally want to be in control of what gets published and when. When The Guardian didn’t move as quickly as they wanted with the first article on Verizon, Greenwald discussed taking it elsewhere, sending an encrypted draft to a colleague at another publication. He also considered creating a Web site on which they would publish everything, which he planned to call NSA Disclosures. In the end, The Guardian moved ahead with their articles. But Poitras and Greenwald have created their own publishing network as well, placing articles with other outlets in Germany and Brazil and planning more for the future. They have not shared the full set of documents with anyone.

“We are in partnership with news organizations, but we feel our primary responsibility is to the risk the source took and to the public interest of the information he has provided,” Poitras said. “Further down on the list would be any particular news organization.”

Unlike many reporters at major news outlets, they do not attempt to maintain a facade of political indifference. Greenwald has been outspoken for years; on Twitter, he recently replied to one critic by writing: “You are a complete idiot. You know that, right?” His left political views, combined with his cutting style, have made him unloved among many in the political establishment. His work with Poitras has been castigated as advocacy that harms national security. “I read intelligence carefully,” said Senator Dianne Feinstein, chairwoman of the Senate Intelligence Committee, shortly after the first Snowden articles appeared. “I know that people are trying to get us. . . . This is the reason the F.B.I. now has 10,000 people doing intelligence on counterterrorism. . . . It’s to ferret this out before it happens. It’s called protecting America.”

Poitras, while not nearly as confrontational as Greenwald, disagrees with the suggestion that their work amounts to advocacy by partisan reporters. “Yes, I have opinions,” she told me. “Do I think the surveillance state is out of control? Yes, I do. This is scary, and people should be scared. A shadow and secret government has grown and grown, all in the name of national security and without the oversight or national debate that one would think a democracy would have. It’s not advocacy. We have documents that substantiate it.”

Poitras possesses a new skill set that is particularly vital — and far from the journalistic norm — in an era of pervasive government spying: she knows, as well as any computer-security expert, how to protect against surveillance. As Snowden mentioned, “In the wake of this year’s disclosure, it should be clear that unencrypted journalist-source communication is unforgivably reckless.” A new generation of sources, like Snowden or Pfc. Bradley Manning, has access to not just a few secrets but thousands of them, because of their ability to scrape classified networks. They do not necessarily live in and operate through the established Washington networks — Snowden was in Hawaii, and Manning sent hundreds of thousands of documents to WikiLeaks from a base in Iraq. And they share their secrets not with the largest media outlets or reporters but with the ones who share their political outlook and have the know-how to receive the leaks undetected.

In our encrypted chat, Snowden explained why he went to Poitras with his secrets: “Laura and Glenn are among the few who reported fearlessly on controversial topics throughout this period, even in the face of withering personal criticism, [which] resulted in Laura specifically becoming targeted by the very programs involved in the recent disclosures. She had demonstrated the courage, personal experience and skill needed to handle what is probably the most dangerous assignment any journalist can be given — reporting on the secret misdeeds of the most powerful government in the world — making her an obvious choice.”

Snowden’s revelations are now the center of Poitras’s surveillance documentary, but Poitras also finds herself in a strange, looking-glass dynamic, because she cannot avoid being a character in her own film. She did not appear in or narrate her previous films, and she says that probably won’t change with this one, but she realizes that she has to be represented in some way, and is struggling with how to do that.

She is also assessing her legal vulnerability. Poitras and Greenwald are not facing any charges, at least not yet. They do not plan to stay away from America forever, but they have no immediate plans to return. One member of Congress has already likened what they’ve done to a form of treason, and they are well aware of the Obama administration’s unprecedented pursuit of not just leakers but of journalists who receive the leaks. While I was with them, they talked about the possibility of returning. 

Greenwald said that the government would be unwise to arrest them, because of the bad publicity it would create. It also wouldn’t stop the flow of information.

[...]

Their discussion turned to the question of coming back to the United States. Greenwald said, half-jokingly, that if he was arrested, WikiLeaks would become the new traffic cop for publishing N.S.A. documents. “I would just say: ‘O.K., let me introduce you to my friend Julian Assange, who’s going to take my place. Have fun dealing with him.’ ”
Poitras prodded him: “So you’re going back to the States?”

He laughed and pointed out that unfortunately, the government does not always take the smartest course of action. “If they were smart,” he said, “I would do it.”

Poitras smiled, even though it’s a difficult subject for her. She is not as expansive or carefree as Greenwald, which adds to their odd-couple chemistry. She is concerned about their physical safety. She is also, of course, worried about surveillance. 

“Geolocation is the thing,” she said. “I want to keep as much off the grid as I can. I’m not going to make it easy for them. If they want to follow me, they are going to have to do that. I am not going to ping into any G.P.S. My location matters to me. It matters to me in a new way that I didn’t feel before.”

There are lots of people angry with them and lots of governments, as well as private entities, that would not mind taking possession of the thousands of N.S.A. documents they still control. They have published only a handful — a top-secret, headline-grabbing, Congressional-hearing-inciting handful — and seem unlikely to publish everything, in the style of WikiLeaks. They are holding onto more secrets than they are exposing, at least for now.

“We have this window into this world, and we’re still trying to understand it,” Poitras said in one of our last conversations. “We’re not trying to keep it a secret, but piece the puzzle together. That’s a project that is going to take time. Our intention is to release what’s in the public interest but also to try to get a handle on what this world is, and then try to communicate that.”

The deepest paradox, of course, is that their effort to understand and expose government surveillance may have condemned them to a lifetime of it.

[...]

Peter Maass is an investigative reporter working on a book about surveillance and privacy.

Editor: Joel Lovell