It seems you can’t step away from the computer for more than a few hours these days without a story revealing previously secret information about the National Security Agency (NSA) setting the internet aflame. The scandal has sparked an investigative journalism renaissance with virtually every major news organisation in the country—not just the keepers of the Snowden files—getting in on the act.
Several stories of critical significance broke in the last two weeks. First, the Wall Street Journal reported that the NSA’s surveillance system, “has the capacity to reach roughly 75% of all U.S. internet traffic in the hunt for foreign intelligence, including a wide array of communications by foreigners and Americans.” The Journal detailed the NSA’s direct access to telecommunications’ fiber optic cables around the country and their extraordinary reach into many corners of the web.
The next day, the administration finally released the 2011 FISA court opinion ruling some NSA surveillance unconstitutional, making front-page news around the country. The Electronic Frontier Foundation, the organization for which I work, has been suing the Justice Department for its release for over a year. The ruling showed the NSA had vacuumed up more than a 150,000 Americans’ emails, only alerting the court to a collection method that had been in place for three years. The court also accused the NSA of “material misrepresentation regarding the scope of a major collection program” on two other occasions.
Until two weeks ago, the administration had stuck to the talking point that all the privacy violations were unintentional. That was already cold comfort to Americans, as the Washington Post had previously reported, based on Snowden documents, that the NSA has been committing thousands of privacy violations, however unintentional, affecting untold number of people per year. And the numbers seem to be increasing.
Soon after the FISA court opinion was released, Bloomberg News revealed that a still-classified NSA inspector general’s report documented “approximately a dozen” willful privacy over the last decade by the NSA. This contradicted many previous statements by government officials, including NSA chief Keith Alexander, who said “no one has wilfully or knowingly disobeyed the law or tried to invade your civil liberties or privacy” at a speech on August 8.
The Wall Street Journal followed up, detailing how many of these violations consisted of analysts following former spouses or partners (nicknamed “LOVEINT”). The Journal explained that most of the violations were self-reported. How many went unreported we will likely never know.
Couple this with the fact that NBC News reported how Edward Snowden was able to browse the NSA networks for months without detection, and you have an agency which claims it has strict internal oversight procedures in place, but seems to have only one real mechanism for enforcement: self policing.
Amazingly, all of these stories have come since President Obama was forced to address the issue at a press conference just three and a half weeks ago in response to the first wave of stories published by the Guardian and Washington Post. At that point, the sea change in public opinion about civil liberties and privacy had become clear and Congressmen in both parties had been pressuring the White House for weeks. Obama promised more transparency to programs (it’s important to remember he also promised more transparency six years ago when he was first running for president), but there were no concrete proposals for reining in the out-of-control powers of the NSA. He did not even mention the two major stories of the day, one in the Guardian, and the other in the New York Times. Obama did say this, however:
What I’m going to be pushing the [intelligence community] to do is rather than have a trunk come out here and leg come out there and a tail come out there, let’s just put the whole elephant out there so people know exactly what they’re looking at. Let’s examine what is working, what’s not, are there additional protections that can be put in place, and let’s move forward.”
While the full elephant is the only thing that will satisfy the public at this point, disturbingly, Sens. Ron Wyden and Mark Udall, the lone NSA critics on the Senate intelligence committee, cryptically said in a press release after Obama’s press conference that we’ve only learned “just the tip of a larger iceberg.”
Congress is currently on August recess, an annual break where members return to their home districts to hear from their constituents. We can expect some sort of action when they return. Eighteen bills have already been introduced, with many more on their way, and as Politico reported, members from both parties are listening to people at town halls voice their concerns about NSA surveillance, “a sign that fears about the ultra-secret National Security Agency have spread beyond the Beltway as lawmakers embark on their annual town-hall tours.”
Meanwhile, the reporting will only continue, as the Guardian is now sharing some of the Snowden documents with the New York Times and ProPublica after GCHQ disturbingly entered the Guardian offices in London and oversaw the destruction of a copy of the Snowden files.
Early on, the administration and its defenders may have hoped the story would disappear with the next news cycle. It won’t. The NSA scandal is destined to a prime issue in the fall Congressional session, carrying into next year’s midterm elections. The administration’s attempts to calm the public with transparency-after-the-fact PR measures won’t change the narrative.
What we want to see is this headline: “Obama reins in NSA surveillance authority.”
In early August, the topic led to a sequence of accusations between two of the most influential German media outlets, the Bild Zeitung, a conservative daily tabloid newspaper, and Der Spiegel, a left-leaning weekly magazine. Both publications have the highest circulation in their respective sector in Germany. Firing first, Bild accused Der Spiegel of spreading “nonsense saying that the German population is standing under “total surveillance.” Rather than total surveillance, writes the Bild Zeitung, the German intelligence service BND gave the NSA only information on one specific person of German heritage, an abducted former Spiegel journalist. Firing back, Der Spiegel claims the intentional omission of the case from its reporting was based on the journalistic principle not to endanger abductees through reporting – an unwritten journalistic law the Bild seemed to be willing to breach.
This publicly fought battle indicates the juxtaposition of opinions on the surveillance affair between left-leaning and conservative media. It is also a window into the diverging public opinion on the matter.
With the upcoming September federal elections in mind, the NSA affair has been widely discussed in German media with sentiment raging from understanding to harsh criticism. Although opinion polls show that the majority of the German population is disappointed with the German government’s reaction, many view the surveillance programs as a benevolent necessity.
The reasons for the strong interest of Germany’s media in this issue stem from the country’s history and its involvement in the current affair. The state surveillance by the Stasi, the secret police in East Germany during the Cold War, has led to a strong public opinion against an Orwellian state. Recent disclosures, such as the wiretapping of European embassies in Brussels and Washington, therefore, led to first outcries.
Further, with the NSA recording up to 60 million German metadata connections per day, Germany has been the European country under closest scrutiny by the US and its allies. What is more, according to the whistle-blower Edward Snowden, the German intelligence, and maybe even the German authorities as some journalists assume, have had knowledge of the NSA surveillance system for many years.
“German authorities are in bed with the NSA,” Snowden said in an interview with Der Spiegel.
This aspect is taken up and heavily criticized by Germany’s left-leaning media. According to Der Spiegel, the muted reaction of the current German chancellery demonstrates its connivance, while also showing its inability to prevail against the US. The distorted notion of security since 9/11 and the disruption of the fundamental pillars of the constitutional state – particularly distinctive in the US – are further focal points for the left-oriented media.
The USA has “fallen ill” since the attacks on the World Trade Center, writes Klaus Brinkbäumer, deputy editor of Der Spiegel. According to him, the US is willing to breach every international law if it serves its national security and, therefore, the War on Terror. In his opinion, the US has gone off the democratic track into the abysses of unlawfulness.
The “super-fundamental right of security”, as described by Germany’s Interior Minister Hans-Peter Friedrich, “sneaked into legal and domestic policy discussions and outweighs all other fundamental rights,” Heribert Prantl, head of the domestic division of the Süddeutsche Zeitung, wrote in an editorial.
In contrast, the conservative Bild Zeitung justifies the intelligence services’ actions against the privacy of the public. They happened “for the benefit of the German population,” reads an editorial by Hugo Müller-Vogg.
“In times of global terror, more surveillance than we prefer becomes necessary,” writes Bildeditor Daniel Killy.
Bild’s headline “Who wants to thwart terror must be informed earlier,” illustrates the propagated notion: the necessity of these surveillance programs for the greater good. While the Bild Zeitung expresses gratefulness towards the US for helping to secure the German population, it also agrees with the left-leaning media on the wrongness of the US wiretapping of European authorities.
As for Snowden, his depiction in German media also diverged along political lines. For the Bild Zeitung “Snowden is no hero.” His disclosure of practices of Western intelligence services is alleged to have aided the “enemy,” says Bild. From now on, argues the paper, it will become increasingly difficult to track down terrorists.
Der Spiegel depicts Snowden as a person who helped to “broaden the understanding of the architecture of the so-called security system.” As a ‘thank-you’ for his deeds, that have already led to a long overdue public discussion about the daily state surveillance and its consequences, Der Spiegel suggests that states around the world should offer Snowden asylum.
The Süddeutsche Zeitung, which depicts Snowden as a “classical political refugee,” goes even further by proposing Germany should give Snowden a temporary residence permit in order to enable him to fight for asylum on German soil.
“Edward Snowden (…) served the constitutional democracy with the disclosure of US intelligence practices; he started a discussion that can save the constitutional state in destroying itself; he revealed the misuse of power and the fundamental rights of European citizens and the fundamental rights of their elected representatives in the EU boards,” Heribert Prantl of Süddeutsche Zeitung writes in an op-ed.
However, the majority of the German public disagrees with these propositions. According to a recent opinion poll by YouGov, although 61 per cent of the German public view the disclosures as a positive action, 58 per cent would vote against an asylum for Snowden in Germany. While more than two-thirds of those polled are disappointed by the reaction of the German chancellery on the matter, 40 per cent approve state monitoring of private communication for security reasons.
But, extensive communication surveillance can have wide-ranged repercussions for the public, German media warn.
“The internet has become the life-world of many Germans,” writes Johannes Boie from the Süddeutsche Zeitung, “to monitor it, means to monitor whole lives.”
Index on Censorship senior writer Padraig Reidy joined Glenmore Trenear-Harvey, the editor-in-chief of the World Intelligence Review and Isabella Sankey, policy director for Liberty to discuss the nine-hour detention of David Miranda, and reports by Guardian editor Alan Rusbridger of intimidation by UK security forces in the wake of its reporting of leaks by NSA whistleblower Edward Snowden.
While the revelations around mass surveillance by the US and some European governments were reported by Bulgaria’s media, the country’s focus in recent months has been the fallout from the country’s elections.
After a polarising election in May, tens of thousands went out to protest against the new Bulgarian government and staged daily rallies for over nearly two months. As a result, the significance of the NSA revelations was not enough to elevate it above domestic political skirmishes.
The Snowden affair had all the ingredients for the media sensation other European countries experienced: a huge cover-up affirming most citizens’ suspicions about governments spying on them, a global chase through Hong Kong and Moscow (with possible sequels in Vienna, Havana and Caracas) and – most importantly – a local context.
Bulgarians, long sensitive about government surveillance after nearly five decades of totalitarianism, had an eavesdropping scandal of their own as recently as in April when a former interior minister was accused of wiretapping a host of political figures, businessmen and journalists. According to one opinion poll conducted in April, 73% of Bulgarians believed that their government had been practicing illegal wiretapping.
Thus, the interest for the Snowden affair among the Bulgarian public was a given. And the media promptly reacted, assigning it the expected prominence among their foreign affairs coverage, if not the front pages which the scandal got in Germany, the UK or France.
“Revelations about the NSA activities were covered in Bulgaria, but did not become a central topic for the media as they of coincided with the anti-government protests,” said Nelly Ognyanova, a leading Bulgarian media law expert and media analyst. ‘However, Bulgarian media paid special attention to the aspect of the EU – US relations in the light of the scandal,” she said.
Media in Bulgaria, which joined the European Union in 2007, covered the reaction in Brussels and in major European capitals and especially in Berlin where the topic was becoming a battleground in light of the German general elections in the fall. Bulgarian media also focused on the fact that the NSA scandal was threatening to derail the negotiations for a major free trade agreement between the EU and the US.
Since there are only a handful of Bulgarian foreign correspondents, local media mostly quoted international titles like The New York Times, the BBC, The Guardian and Der Spiegel. The Snowden revelations also did not have (obvious) Bulgarian links – when information emerged that the US was secretly wiretapping foreign embassies on American soil, the weekly “Capital” tried to contact the Bulgarian mission in Washington but was referred to the foreign ministry in Sofia which, in turn, had no comment on the case.
As for Snowden himself, Bulgarian media painted a mostly neutral portrait of the whistleblower.
“Bulgarian media were rather sticking to the facts without taking a judgmental position on Snowden, but without making him look like a hero as well,” said Ognyanova. “In Bulgaria there was no discussion like the one that took place in other countries about whether Snowden is a hero. Against the backdrop of the very important information that he revealed, however, the media treated him with a degree of sympathy for his civil courage.”
Given the anti-government protests and the heightened domestic political situation, the political and social media reaction to the Snowden affair appeared mostly muted. The Bulgarian social networks – an otherwise vibrant community of some 2.5 million people – was mostly preoccupied with the anti-government protests which, in fact, originated mostly on Facebook walls and Twitter profiles and later transferred to the streets of Sofia and other major cities.
One small political party, the Greens, issued a statement in July calling the revelations “a serious attack on civil rights and the foundations of democracy” and asking the Bulgarian government to offer asylum to Snowden.
“The Greens party expresses our gratitude to Edward Snowden for his courage and for his service to EU citizens,” the statement said.
According to Ognyanova, the media law expert, it is important to draw conclusions from the NSA affair.
“Either in the free trade pact or in another agreement, there must be a provision to protect the personal data and privacy of European citizens,” she said. “It is high time for the EU to have their own clouds and to not provide our information to companies under the jurisdiction of countries outside the European Union,” she said. “I expect this from my government and from the EU, being its citizen.”
