Tag Archives: secrecy in government and industry journal

A Naked World

prism

Were it not for Edward Snowden or someone like him, the N.S.A. would likely still be collecting the records of almost every phone call made in the United States, and no one outside of government would know it. A handful of civil-liberties-minded representatives and senators might drop hints in hearings and ask more pointed questions in classified settings. Members of the public would continue making phone calls, unaware that they were contributing to a massive government database that was supposedly intended to make their lives safer but had not prevented a single terrorist attack. And, on Monday June 1, 2015  the government’s Section 215 powers, used to acquire records from hundred of billions of phone calls, among other “tangible things,” would be quietly renewed.

Snowden shouldn’t have been necessary. The Foreign Intelligence Surveillance Court (or FISA Court), which evaluates Section 215 requests, is supposed to be interpreting the law to make sure that government surveillance doesn’t go outside of it. Congressional intelligence committees, which review the activities of the N.S.A., are supposed to be providing some oversight. The N.S.A. itself reports to the Department of Defense, which reports to the White House, all of which have dozens of lawyers, who are all supposed to apply the law. The government, in other words, is supposed to be watching itself…

The government enshrouds the details of its surveillance programs in a technical vocabulary (“reasonable articulable suspicion,” “seeds,” “queries,” “identifiers”) that renders them too dull and opaque for substantive discussion by civilians. …Little is known about how other authorities, including Executive Order 12333, which some consider the intelligence community’s most essential charter, are being interpreted to permit spying on Americans. And a redacted report, released last week by the Department of Justice’s Office of the Inspector General, hints at how much we still don’t know about Section 215. Nearly two years into the congressional debate over the use and legality of Section 215, the report provides the first official confirmation that the “tangible things” obtained by the F.B.I. through Section 215 include not just phone metadata but “email transactional records” and two full lines of other uses, all of which the F.B.I. saw fit to redact.

Excerpts from MATTATHIAS SCHWARTZ, Who Needs Edward Snowden?,  New Yorker, MAY 28, 2015

Canada Nuclear Waste: the politics of secret meetings

The Darlington Nuclear Generating Station, on the shores of Lake Ontario.  Image from wikipedia

Ontario Power Generation is proposing to build a massive underground nuclear waste site at the Bruce nuclear power plant near Kincardine, Ontario (Canada) near lake Huron ,a plan that has drawn opposition from environmentalists, aboriginal groups and legislators in Michigan.  At issue were numerous meetings of the “community consultation” advisory group, comprising the mayors who sit on county council and representatives of the Nuclear Waste Management Organization and Ontario Power Generation, that began in 2005.

The citizen groups alleged the discussions were kept secret because the politicians feared damaging their electoral fortunes and pointed to informal notes from one meeting in February 2010 that showed a mayor fretting about “a negative backlash at the polls.”The probe by Amberley Gavel — a company based in London, Ont., that helps municipalities with closed-meeting procedure investigations — concluded the public never knew about any of the meetings.

It also found the discussions had a marked influence on the mayors’ decisions regarding the radioactive waste project despite their contention the meetings were simply information sessions at which they passed no motions.  The citizen groups said the province should be reviewing the conduct of Ontario Power Generation.  They also said the county response — to ask staff to provide annual reminders about the law requiring open meetings — was “appallingly weak.”  Council members have “thus far show defiance with no hint of remorse,” the statement said.

Save our Saugeen Shores and the Southampton Residents Association  called on Ontario’s ombudsman to review the circumstances that led to a report critical of Bruce County council for meeting nuclear waste representatives without telling anyone or documenting the discussions.  “This was a major error of provincewide importance in light of the evidence of an 8.5-year egregious disregard of the law and the public’s right to open and transparent government,” Rod McLeod, the group’s lawyer, said in a statement.

Colin Perkel,  Nuclear waste opponents call for penalties against ‘secret meetings’, The Canadian Press, Sept. 18, 2014