The Snowden Reader

Description

Silver Medal, Current Events category, 2016 Independent Publisher Book AwardsSilver, 2016 INDIEFAB Awards, Political Science2016 AAUP Public and Secondary School Library Selection

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When Edward Snowden began leaking NSA documents in June 2013, his actions sparked impassioned debates about electronic surveillance, national security, and privacy in the digital age. The Snowden Reader looks at Snowden's disclosures and their aftermath. Critical analyses by experts discuss the historical, political, legal, and ethical issues raised by the disclosures. Over forty key documents related to the case are included, with introductory notes explaining their significance: documents leaked by Snowden; responses from the NSA, the Obama administration, and Congress; statements by foreign leaders, their governments, and international organizations; judicial rulings; findings of review committees; and Snowden's own statements. This book provides a valuable introduction and overview for anyone who wants to go beyond the headlines to understand this historic episode.

Foreword Sumit Ganguly
Acknowledgments
Editor's Note
Abbreviations

Introduction David P. Fidler

Part I. Perspectives on the Snowden Disclosures
1. Security and Liberty: The Imaginary Balance Nick Cullather
2. Edward Snowden and the NSA: Law, Policy, and Politics Fred H. Cate
3. From Passivity to Eternal Vigilance: NSA Surveillance and Effective Oversight of Government Power Lee H. Hamilton
4. U.S. Foreign Policy and the Snowden Leaks David P. Fidler
5. Taking Snowden Seriously: Civil Disobedience for an Age of Total Surveillance William E. Scheuerman

Part II. The Snowden Saga in Primary Documents
A. Revelations and Reactions

Unconstitutional Abuse of Power or Legitimate and Necessary Security Measures?
NSA Programs under the Foreign Intelligence Surveillance Act
1. The Verizon Order
2. NSA PRISM and UPSTREAM Briefing Slides
3. Robert S. Litt, Director of National Intelligence, Speech at Brookings Institution
4. Amash-Conyers Amendment Debate, U.S. House of Representatives

Hero or Villain? Persecuting a Defender of Human Rights v. Prosecuting a Criminal Suspect
5. Edward Snowden, Statement at the Moscow Airport
6. Attorney General Eric Holder, Letter to Russian Minister of Justice

Rubber Stamp or Robust Tribunal? The Foreign Intelligence Surveillance Court
7. Foreign Intelligence Surveillance Court Order 2009

Made in the USA? NSA Surveillance and U.S. Technology Companies
8. NSA MUSCULAR Program Briefing Slide
9. Statement by Yahoo CEO Marissa Mayer
10. Reform Government Surveillance: Open Letter from U.S. Technology Companies

Friend and Foe? U.S. Espionage against Other Countries
11. NSA Briefing Slides on Brazilian President Dilma Roussef and Petrobas Oil Company
12. Director of National Intelligence James Clapper, Statement on Economic Espionage and Foreign Intelligence
13. Dilma Rousseff, President of Brazil, Statement to United Nations General Assembly
14. NSA Document on Cell Phone Surveillance of German Chancellor Angela Merkel
15. Wanted by the FBI
16. Chinese National Ministry of Defense Statement on U.S. Indictment of Chinese Military Officers

A Secure and Reliable Cyberspace? The NSA, Encryption, and Exploits
17. NSA Classification Guide for Project BULLRUN on Defeating Encryption
18. NSA SIGINT Strategy, 2012-2016
19. James R. Clapper, Statements on NSA Cryptological Capabilities
20. NSA Briefing Slides on the QUANTUM Project
21. NSA Public Affairs Office Statement in Response to Press Allegations

Norms of Responsible Behavior in Cyberspace? U.S. Cyber Operations
22. Presidential Policy Directive 20 on U.S. Cyber Operations Policy

"Worse than the U.S."? Surveillance by the UK's Government Communications Headquarters
23. British Government Communications Headquarters TEMPORA Program
24. NSA Memo on the TEMPORA Program: "'The World's Largest XKEYSCORE'—Is Now Available to Qualified NSA Users"
25. British Parliament's Intelligence and Security Committee Statement on the U.S. PRISM Program
26. European Court of Human Rights, Big Brother Watch and Others v. United Kingdom

B. Reviews and Recommendations

U.S. Federal Court Decisions on NSA Programs
27. Klayman v. Obama: U.S. Federal Court Decision on the Telephone Metadata Program
28. ACLU v. Clapper: U.S. Federal Court Decision on the Telephone Metadata Program
29. United States v. Mohamud: U.S. Federal Court Decision on Section 702 of FISA

Reports from U.S. Advisory Bodies
30. Executive Summary, Report of the President's Review Group on Intelligence and Communications Technologies
31. Privacy and Civil Liberties Oversight Board Report on Telephone Metadata Program and FISC
32. Privacy and Civil Liberties Oversight Board Report on Section 702 of FISA

Statements from International Institutions
33. Edward Snowden, Testimony to the European Parliament
34. European Parliament Resolution on US NSA Surveillance Program
35. United Nations Resolution on the Right to Privacy in the Digital Age

C. Reforms and a Reflection
36. President Barack Obama, Remarks on Review of Signals Intelligence
37. U.S. House of Representatives, USA FREEDOM Act
38. Edward Snowden, One Year Later

Sujets

• Constitutional
• HISTORY
• POLITICAL SCIENCE
• Histoire
• Agencia de Seguridad Nacional
• History of the Americas
• 21st Century
• LAW
• United States
• Constitution
• National Security Agency

Informations

• Publié par: Indiana University Press
• Date de parution: 24 avril 2015
• Nombre de lectures: 27
• EAN13: 9780253017383
• Langue: English

Extrait

THE
SNOWDEN READER
THE
SNOWDEN
READER
EDITED BY
DAVID P. FIDLER
FOREWORD BY SUMIT GANGULY
This book is a publication of
Indiana University Press
Office of Scholarly Publishing
Herman B Wells Library 350
1320 East 10th Street
Bloomington, Indiana 47405 USA
www.iupress.indiana.edu
2015 by Indiana University Press
All rights reserved
No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. The Association of American University Presses Resolution on Permissions constitutes the only exception to this prohibition.
The paper used in this publication meets the minimum requirements of the American National Standard for Information Sciences-Permanence of Paper for Printed Library Materials, ANSI Z39.48-1992.
Manufactured in the United States of America
Cataloging is available from the Library of Congress.
ISBN 978-0-253-01731-4 (cloth)
ISBN 978-0-253-01737-6 (paperback)
ISBN 978-0-253-01738-3 (ebook)
1 2 3 4 5 20 19 18 17 16 15
To my students, whose generation has so much at stake when national security dangers, innovative technologies, and commitment to civil liberties converge .
When the people of America reflect that they are now called upon to decide a question, which, in its consequences, must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as serious, view of it, will be evident.
The Federalist Papers, No. 2
CONTENTS

Foreword / Sumit Ganguly

Acknowledgments

Editor s Note

Abbreviations

Introduction / David P. Fidler

PART I PERSPECTIVES ON THE SNOWDEN DISCLOSURES
1
Security and Liberty: The Imaginary Balance / Nick Cullather
2
Edward Snowden and the NSA: Law, Policy, and Politics / Fred H. Cate
3
From Passivity to Eternal Vigilance: NSA Surveillance and Effective Oversight of Government Power / Lee H. Hamilton
4
U.S. Foreign Policy and the Snowden Leaks / David P. Fidler
5
Taking Snowden Seriously: Civil Disobedience for an Age of Total Surveillance / William E. Scheuerman

PART II THE SNOWDEN AFFAIR THROUGH PRIMARY DOCUMENTS

A. Revelations and Reactions
Unconstitutional Abuse of Power or Legitimate and Necessary Security Measures? NSA Programs under the Foreign Intelligence Surveillance Act
1
The Verizon Order
2
NSA PRISM and UPSTREAM Briefing Slides
3
Robert S. Litt, General Counsel, Office of the Director of National Intelligence, Speech at Brookings Institution
4
U.S. House of Representatives, Amash-Conyers Amendment Debate
Hero or Villain? Persecuting a Defender of Human Rights v. Prosecuting a Criminal Suspect
5
Edward Snowden, Statement at the Moscow Airport
6
Attorney General Eric Holder, Letter to the Russian Minister of Justice
Rubber Stamp or Robust Tribunal? The Foreign Intelligence Surveillance Court
7
FISC Order on the Telephone Metadata Program, 2009
Made in the USA? NSA Surveillance and U.S. Technology Companies
8
NSA MUSCULAR Program Briefing Slide
9
Marissa Mayer, Yahoo CEO, Statement on Protecting Customer Information
10
Reform Government Surveillance, Surveillance Reform Principles and Open Letter from U.S. Technology Companies
Friend and Foe? U.S. Espionage against Other Countries
11
NSA Briefing Slides on Brazilian President Dilma Rousseff and Petrobas Oil Company
12
James R. Clapper, Director of National Intelligence, Statement on Allegations of Economic Espionage
13
Dilma Rousseff, President of Brazil, Statement to United Nations General Assembly
14
NSA Document on Cell Phone Surveillance of German Chancellor Angela Merkel
15
Wanted by the FBI
16
Chinese National Ministry of Defense, Statement on U.S. Indictment of Chinese Military Officers
A Secure and Reliable Cyberspace? The NSA, Encryption, and Exploits
17
NSA s Project BULLRUN on Defeating Encryption
18
NSA s SIGINT Strategy, 2012-2016
19
Office of the Director of National Intelligence and James R. Clapper, Director of National Intelligence, Statements on NSA Cryptological Capabilities
20
NSA Briefing Slides on the QUANTUM Project
21
NSA Public Affairs Office, Statement in Response to Press Allegations
Norms of Responsible Behavior in Cyberspace? U.S. Cyber Operations
22
Presidential Policy Directive 20 on U.S. Cyber Operations Policy
Worse than the U.S. ? Surveillance by the UK s Government Communications Headquarters
23
GCHQ s TEMPORA Program
24
NSA Memo on the TEMPORA Program
25
British Parliament s Intelligence and Security Committee, Statement on the U.S. PRISM Program
26
European Court of Human Rights, Big Brother Watch and Others v. United Kingdom

B. Reviews and Recommendations
U.S. Federal Court Decisions on NSA Programs
27
Klayman v. Obama: Issuing a Preliminary Injunction against the Telephone Metadata Program
28
ACLU v. Clapper: Upholding the Legality of the Telephone Metadata Program
29
United States v. Mohamud: Upholding the Legality of Section 702 of FISA
Reports from U.S. Advisory and Oversight Bodies
30
Report of the President s Review Group on Intelligence and Communications Technologies, Executive Summary
31
Privacy and Civil Liberties Oversight Board, Report on the Telephone Metadata Program and FISC, Executive Summary
32
Privacy and Civil Liberties Oversight Board, Report on Section 702 of FISA, Executive Summary
International Institutions
33
Edward Snowden, Testimony to the European Parliament
34
European Parliament, Resolution on U.S. NSA Surveillance Program
35
United Nations Resolution on the Right to Privacy in the Digital Age

C. Reforms and a Reflection
36
President Barack Obama, Remarks on Review of Signals Intelligence
37
U.S. House of Representatives, USA FREEDOM Act
38
Edward Snowden, One Year Later

Contributors

Index
Foreword
Public disclosures of classified information have long played a role in U.S. national security politics, raising questions about secrecy in a democracy, the propriety of government actions, and the protection of civil rights. Until recent events, perhaps the most famous episode involved Daniel Ellsberg, a civilian Pentagon analyst, who released in April 1971 nearly seven thousand pages of a classified study called History of U.S. Decision-Making Process on Viet Nam Policy to the New York Times and the Washington Post . After the Times began publishing excerpts from what became known as the Pentagon Papers, the Nixon administration attempted to prevent the newspapers from publishing more classified information. The Supreme Court, in a striking decision, held that the U.S. government failed to satisfy the First Amendment s requirements for imposing a prior restraint on freedom of speech. The government s prosecution of Ellsberg for violating the Espionage Act also failed because evidence emerged of the government s clandestine efforts to discredit him with documents obtained from burgling his psychiatrist s safe.
In June 2013, another historic episode involving disclosure of classified information began when the Guardian , a British newspaper, began publishing stories about secret documents provided to it by Edward J. Snowden, who had worked as a private contractor for the National Security Agency (NSA). To much consternation in national security circles, these stories revealed that Snowden had made available to journalists a vast trove of material pertaining to the NSA s surveillance and espionage activities. Snowden s actions embarrassed the U.S. government, raised fears about damage to U.S. national security, sparked controversies about the possible abuse of civil liberties in the United States, and angered citizens and leaders of foreign countries, including U.S. allies, who discovered the NSA had access to their communications.
Snowden s release of classified documents was of momentous significance because of the political, legal, and ethical issues it raised in the United States and around the world. Given the magnitude of the disclosures and their impact, on September 6, 2013, the Center on American and Global Security at Indiana University organized a panel of leading IU faculty to examine the historical, legal, policy, and ethical dimensions of Snowden s actions. At the suggestion of Rebecca Tolen of Indiana University Press and under the editorship of David P. Fidler, the panel presentations were revised, expanded, and updated as essays reflecting on Snowden s disclosures and their aftermath. These essays form part I of this book. To supplement these contributions, The Snowden Reader includes, in part II , a selection of primary documents disclosed by Snowden, released by the U.S. government or other affected actors, or produced in the wake of the controversies during the first year of this affair. The Snowden Reader combines critical analysis of major issues Snowden s disclosures generated with primary sources at the heart of the controversies. It provides expert perspectives and access to docu