5 Ways the Global Security State Can't Stop Itself from Abusing Our Privacy and Destroying People's Lives
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3. The Urge to Make Themselves Opaque
With this goes another reality. They are to become ever less accessible, ever more impenetrable, ever less knowable to you (except in the forms in which they would prefer you to know them). None of their codes or secrets are to be accessed by you on pain of imprisonment. Everything in the government -- which once was thought to be “your” government -- is increasingly disappearing into a professional universe of secrecy. In 2011, the last year for which figures are available, the government classified 92 million documents. And they did so on the same principle that they use in collecting seemingly meaningless or harmless information from you: that only in retrospect can anyone know whether a benign-looking document might prove anything but. Better to deny access to everything.
In the process, they are finding new ways of imposing silence on you, even when it comes to yourself. Since 2001, for instance, it has become possible for the FBI to present you with a National Security Letter which forces you to turn over information to them, but far more strikingly gags you from ever mentioning publicly that you got such a letter. Those who have received such letters (and 15,000 of them were issued in 2012) are legally enjoined from discussing or even acknowledging what’s happening to them; their lives, that is, are no longer theirs to discuss. If that isn’t Orwellian, what is?
President Obama offered this reassurance in the wake of the Snowden leaks: the National Security Agency, he insisted, is operating under the supervision of all three branches of the government. In fact, the opposite could be said to be true. All three branches, especially in their oversight roles, have been brought within the penumbra of secrecy of the global security state and so effectively coopted or muzzled. This is obviously true with our ex-professor of Constitutional law and the executive branch he presides over, which has in recent years been ramping up its own secret operations.
When it comes to Congress, the people’s representatives who are to perform oversight on the secret world have been presented with the equivalent of National Security Letters; that is, when let in on some of the secrets of that world, they find they can’t discuss them, can’t tell the American people about them, can’t openly debate them in Congress. In public sessions with Congress, we now know that those who run our most secret outfits, if pushed to the wall by difficult questions, will as a concession respond in the “ least untruthful manner” possible, as Director of National Intelligence James Clapper put it last week.
Given the secret world’s control over Congress, representatives who are horrified by what they’ve learned about our government’s secrecy and surveillance practices, like Democratic Senators Ron Wyden and Mark Udall, can only hint at their worries and fears. They can, in essence, wink at you, signal to you in obscure ways that something is out of whack, but they can’t tell you directly. Secrecy, after all.
Similarly, the judiciary, that third branch of government and other body of oversight, has, in the twenty-first century, been fully welcomed into the global security state’s atmosphere of total secrecy. So when the surveillance crews go to the judiciary for permission to listen in on the world, they go to a secret court, a Foreign Intelligence Surveillance (FISA) court, locked within that secret world. It, in turn, notoriously rubberstamps whatever it is they want to do, evidently offering no resistance whatsoever to their desires. (Of the 6,556 electronic surveillance requests submitted to the court in Obama’s first term in office, for instance, only one was denied.) In addition, unlike any other court in America, we, the American people, the transparent and ignorant public, can know next to nothing about it. And you know perfectly well why: the overriding needs of secrecy.