{"id":164,"date":"2014-01-19T18:11:49","date_gmt":"2014-01-19T23:11:49","guid":{"rendered":"http:\/\/www.shoshanazuboff.com\/?p=164"},"modified":"2014-01-19T18:11:49","modified_gmt":"2014-01-19T23:11:49","slug":"the-nsa-debate-as-epochal-crisis-obamas-nsa-speech-combines-fdr-insights-and-herbert-hoover-prescriptions","status":"publish","type":"post","link":"https:\/\/shoshanazuboff.com\/book\/the-nsa-debate-as-epochal-crisis-obamas-nsa-speech-combines-fdr-insights-and-herbert-hoover-prescriptions\/","title":{"rendered":"The NSA Debate as Epochal Crisis: Obama\u2019s NSA Speech Combines FDR Insights and Herbert Hoover Prescriptions"},"content":{"rendered":"<p><i>Shoshana\u2019s January Slog:<\/i><\/p>\n<p>Edward Snowden handed Obama yet another FDR moment when he blew open the door to the NSA. (The Great Recession was his first big FDR opportunity; healthcare was a second. He missed the first one, and the jury is still out on the second.) \u00a0<strong>Obama\u2019s speech showed sensitivity to the larger historical significance of this crisis, but the President\u2019s\u00a0 FDR insights were trivialized by Herbert Hoover prescriptions.\u00a0<\/strong><\/p>\n<p><a href=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.22.36-PM.png\"><img decoding=\"async\" class=\"alignleft size-thumbnail wp-image-165\" alt=\"Screen Shot 2014-01-19 at 5.22.36 PM\" src=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.22.36-PM-150x150.png\" width=\"150\" height=\"150\" \/><\/a><\/p>\n<p>After the crash of 1929 as the Great Depression took hold of the American\u00a0 economy, Hoover rejected the prospect of sweeping bold action. Instead his timid interventions accelerated decline.\u00a0 As economist Brad deLong has pointed out, <span style=\"text-decoration: underline; color: #0000ff;\"><a href=\"http:\/\/delong.typepad.com\/sdj\/2013\/04\/the-hoover-administration-was-liquidationist-hoover-himself-was-merely-anti-keynesian.html\"><span style=\"color: #0000ff; text-decoration: underline;\">Hoover\u2019s prescriptions<\/span><\/a><\/span>\u00a0 left the world economy in free fall.\u00a0 His programs showed a <span style=\"text-decoration: underline; color: #0000ff;\"><a href=\"http:\/\/delong.typepad.com\/sdj\/2009\/08\/herbert-hoover-a-working-class-hero-is-something-to-be.html\"><span style=\"color: #0000ff; text-decoration: underline;\">poor understanding<\/span><\/a><\/span> of the systemic nature of the domestic economy and its relation to other economies.\u00a0 Hoover raised taxes, cut spending, and his trade quotas helped plunge the rest of the world into Depression while crippling American exports.<\/p>\n<p><strong>Now Obama\u2019s timid prescriptions leave the Internet in free-fall, as people around the world withdraw their trust from its operations and especially <a href=\"http:\/\/blogs.forrester.com\/james_staten\/13-08-14-the_cost_of_prism_will_be_larger_than_itif_projects\"><span style=\"text-decoration: underline; color: #0000ff;\">from American companies<\/span>.<\/a>\u00a0<\/strong> Back in the 1930\u2019s it took FDR to grasp that even a market economy lives inside politics and history. It had to be regulated and managed through substantial enduring legislation and oversight. The New Deal completed a multi-decade process of institutionalizing a new social contract for a modern industrial society.<\/p>\n<p><a href=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.23.33-PM.png\"><img decoding=\"async\" class=\"alignright size-thumbnail wp-image-169\" alt=\"Screen Shot 2014-01-19 at 5.23.33 PM\" src=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.23.33-PM-150x150.png\" width=\"150\" height=\"150\" \/><\/a>In the West, and especially in the US, the Internet too has been treated as some kind of autonomous force, outside the sphere of democratic governance.\u00a0 The overreach of private companies and government surveillance demonstrates that democratic societies have the obligation to impose Constitutional protections on the Internet, or the slow drift into totalitarianism becomes a more real possibility with each dazzling new capability.\u00a0 Once again, this will ultimately <strong>require substantial legislation that institutionalizes a new social contract for our new information society and sets the standard for the broader information civilization that will define the next century.<\/strong><\/p>\n<p>In the run-up to Obama\u2019s January 17 <span style=\"text-decoration: underline; color: #0000ff;\"><a href=\"http:\/\/www.nytimes.com\/2014\/01\/18\/us\/politics\/obamas-speech-on-nsa-phone-surveillance.html\"><span style=\"color: #0000ff; text-decoration: underline;\">speech<\/span><\/a><\/span> on NSA data collection programs,\u00a0<span style=\"text-decoration: underline; color: #0000ff;\"><a href=\"http:\/\/www.faz.net\/aktuell\/feuilleton\/obamas-nsa-rede-wir-stehen-vor-dem-abgrund-mr-president-12755381.html\"><span style=\"color: #0000ff; text-decoration: underline;\">I argued <\/span><\/a><\/span>in the Frankfurter Allgemeine Zeitung (English version <span style=\"text-decoration: underline; color: #0000ff;\"><a href=\"http:\/\/www.faz.net\/aktuell\/feuilleton\/nsa-obama-merkel-and-the-bridge-to-an-information-civilization-12756148.html?printPagedArticle=true\"><span style=\"color: #0000ff; text-decoration: underline;\">here<\/span><\/a><\/span>) that the debate over the NSA is the tip of the iceberg in a much larger discussion. We are in the transition from an industrial to an information civilization, and the character of this new civilization is deeply contested. Will we be the masters of information or will we be its slaves?\u00a0 Are we heading toward a totalitarian future buttressed by a new fusion of corporate and state interests with increased social stratification and the social relations of the surveillance paradigm?\u00a0 Or <strong>is there still hope for a future that draws on the democratizing and empowering potential of the digital?\u00a0<\/strong><\/p>\n<p>The NSA debate is one early signal of this larger epochal crisis. Thanks to Snowden we now know that the NSA is well on its way to becoming a free-standing global surveillance empire.\u00a0 We also know that Big Tech is following close behind and is poised to catch up with the ominously titled \u201cInternet of Everything.\u201d<\/p>\n<p><a href=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.23.21-PM.png\"><img decoding=\"async\" class=\"aligncenter size-thumbnail wp-image-168\" alt=\"Screen Shot 2014-01-19 at 5.23.21 PM\" src=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.23.21-PM-150x150.png\" width=\"150\" height=\"150\" \/><\/a><\/p>\n<p>Americans\u2019 hopes for the future, and the world\u2019s, require an FDR-like sweeping reexamination of the origins, legitimacy, and effectiveness of intelligence data gathering. We also need substantial legislative initiatives that protect citizens from the predations of Big Tech, whose data sweeps are on a trajectory to become functionally indistinguishable from militarized government data. <strong>If Obama does not take the lead, it will fall to Angela Merkel and the leaders of the EU, as the U.S. limps through the decade in search of epochal leadership.<\/strong><\/p>\n<p>Obama\u2019s FDR opportunity is to engage in the depth and breadth of intervention and reinvention that enshrine trust, rationality, democratic governance, and consumer sovereignty. This means <strong>eliminating the secret ubiquitous information access, storage, and intrusive meta-analysis\u00a0 perpetrated by the government and by companies.<\/strong> It means legislation that guarantees transparency, informed choice, public oversight, and individual control. As we have learned during these last months of revelations, NSA, police, and private sector surveillance activities are by now deeply enmeshed and threaten to become the foundation of a full blown surveillance state.<\/p>\n<p><a href=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.22.47-PM.png\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-thumbnail wp-image-166\" alt=\"Screen Shot 2014-01-19 at 5.22.47 PM\" src=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-19-at-5.22.47-PM-150x150.png\" width=\"150\" height=\"150\" \/><\/a><\/p>\n<p>Obama\u2019s January 17 speech provided an important glimpse of his understanding of the larger significance of this moment. But <strong>the speech was perplexing for the dispiriting juxtaposition of his FDR insights and Herbert Hoover prescriptions.<\/strong> Here are the key examples of Obama\u2019s\u00a0 FDR-like\u00a0 grasp of the historical transition and its most trenchant challenges:<\/p>\n<p><i> \u201c&#8230; the power of new technologies means that there are fewer and fewer technical constraints on what we can do. That places a special obligation on us to ask tough questions about what we should do.\u201d<\/i><\/p>\n<p><i> \u201c&#8230;in the absence of institutional requirements for regular debate &#8212; and oversight that is public, as well as private or classified &#8212; the danger of government overreach becomes more acute.\u201d<\/i><\/p>\n<p><i> \u201c&#8230; surveillance technology and our reliance on digital information is evolving much faster than our laws.\u201d<\/i><\/p>\n<p><i> \u201cThis effort will not be completed overnight, and given the pace of technological change, we shouldn\u2019t expect this to be the last time America has this debate.\u201d<\/i><\/p>\n<p><i> \u201cGiven the unique power of the state, it is not enough for leaders to say: Trust us, we won\u2019t abuse the data we collect. For history has too many examples when that trust has been breached. Our system of government is built on the premise that our liberty cannot depend on the good intentions of those in power; it depends on the law to constrain those in power.\u201d<\/i><\/p>\n<p><i> \u201c<\/i><i>When you cut through the noise, what\u2019s really at stake is how we remain true to who we are in a world that is remaking itself at dizzying speed&#8230;So while the reforms that I have announced will point us in a new direction, I am mindful that more work will be needed in the future.\u201d<\/i><\/p>\n<p><i> \u201cAs the nation that developed the Internet, the world expects us to ensure that the digital revolution works as a tool for individual empowerment, not government control. Having faced down the dangers of totalitarianism and fascism and communism, the world expects us to stand up for the principle that every person has the right to think and write and form relationships freely &#8212; because individual freedom is the wellspring of human progress.\u201d<\/i><\/p>\n<p><i>\u201cFor more than two centuries, our Constitution has weathered every type of change because we have been willing to defend it, and because we have been willing to question the actions that have been taken in its defense. Today is no different.\u201d<\/i><\/p>\n<p>But these valuable insights were fatally compromised by a Hoover-like inclination to fine-tune, persuade, ignore, trivialize, patronize, fear-monger, and, despite the rhetoric, rely on good intentions, rather than to fundamentally question the powers that have accrued to the NSA and private companies. <strong>The President&#8217;s\u00a0 prescriptions leave nearly all current capabilities in place, along with large loopholes where new practices are imposed.<\/strong> Nor is there any future blueprint for comprehensive debate and review of the many dimensions of the emerging\u00a0 surveillance state \u2013\u2013 including commerce and government \u2013\u2013 and the kinds of legislative and regulatory protections that will be required if democracy is to be preserved for another century.<\/p>\n<p style=\"text-align: center;\"><a href=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-20-at-12.14.05-PM.png\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter  wp-image-185\" alt=\"Screen Shot 2014-01-20 at 12.14.05 PM\" src=\"http:\/\/www.shoshanazuboff.com\/wp-content\/uploads\/2014\/01\/Screen-Shot-2014-01-20-at-12.14.05-PM-150x150.png\" width=\"250\" height=\"250\" \/><\/a><\/p>\n<p>So far, President Obama\u2019s interventions rely on <span style=\"text-decoration: underline; color: #0000ff;\"><a href=\"http:\/\/www.fas.org\/sgp\/crs\/misc\/98-611.pdf\"><span style=\"color: #0000ff; text-decoration: underline;\">Presidential Directives<\/span><\/a><\/span>, panels, administrative organization, and verbal recommendations \u2013\u2013 all measures that can simply be overridden by another President. Here are a few examples of these Hoover-like prescriptions:<\/p>\n<p><i> \u201c&#8230;we will review decisions about intelligence priorities and sensitive targets on an annual basis so that our actions are regularly scrutinized by my senior national security team.\u201d<\/i><\/p>\n<p><i> \u201cI am also calling on Congress to authorize the establishment of a panel of advocates from outside government to provide an independent voice in significant cases before the Foreign Intelligence Surveillance Court.\u201d<\/i><\/p>\n<p><i> \u201cI am asking the Attorney General and DNI to institute reforms that place additional restrictions on government\u2019s ability to retain, search, and use in criminal cases communications between Americans and foreign citizens incidentally collected under Section 702.\u201d<\/i><\/p>\n<p><i> \u201cI have therefore directed the Attorney General to amend how we use national security letters so that this secrecy will not be indefinite, so that it will terminate within a fixed time unless the government demonstrates a real need for further secrecy.\u201d<\/i><\/p>\n<p><i> \u201c I have instructed the intelligence community and the Attorney General to use this transition period to develop options for a new approach that can match the capabilities and fill the gaps that the Section 215 program was designed to address&#8230;\u201d\u00a0<\/i><\/p>\n<p><i> \u201c&#8230;the new presidential directive that I\u2019ve issued today will clearly prescribe what we do, and do not do, when it comes to our overseas surveillance.\u201d<\/i><\/p>\n<p><i> \u201c I\u2019ve directed the DNI, in consultation with the Attorney General, to develop these safeguards, which will limit the duration that we can hold personal information, while also restricting the use of this information.\u201d<\/i><\/p>\n<p><i> \u201cI have made clear to the intelligence community that unless there is a compelling national security purpose, we will not monitor the communications of heads of state and government of our close friends and allies.\u201d<\/i><\/p>\n<p><i> \u201cI am making some important changes to how our government is organized.\u201d<\/i><\/p>\n<p><i> \u201c&#8230;unless there is a compelling national security purpose, we will not monitor the communications of heads of state and government of our close friends and allies.\u201d<\/i><\/p>\n<p>Some Congressional leaders would like to divert the public\u2019s attention from these matters of real gravity, with unsubstantiated allegations about Edward Snowden\u2019s motives. Discredit the messenger and ignore the message. It\u2019s not exactly a new tactic.\u00a0 The fact is that the debate we\u2019ve begun will ebb and flow, but it will not be permanently silenced or derailed.\u00a0 History is too insistent.\u00a0 Too many minds are switched on. Too much is at stake.<\/p>\n<p>Here\u2019s what everyone should know: this is the beginning, not the end, not even the middle. Not even close. We are at a turning point, but we\u2019re turning the Titanic, not a Porsche.<strong> This civilizational transition will require every ounce of energy we have for debate, action, and invention. <\/strong>This is not the fight of the twittering class.\u00a0 Everyone\u2019s future is on the line; no one is exempt. This debate strikes deep at the raw heart of every dream we each hold for the century to come.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Shoshana\u2019s January Slog: Edward Snowden handed Obama yet another FDR moment when he blew open the door to the NSA. (The Great Recession was his first big FDR opportunity; healthcare was a second. He missed the first one, and the jury is still out on the second.) \u00a0Obama\u2019s speech showed sensitivity to the larger historical [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-164","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/posts\/164","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/comments?post=164"}],"version-history":[{"count":0,"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/posts\/164\/revisions"}],"wp:attachment":[{"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/media?parent=164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/categories?post=164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/shoshanazuboff.com\/book\/wp-json\/wp\/v2\/tags?post=164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}