Edward Snowden

[url=https://theintercept.com/2015/11/12/edward-snowden-explains-how-to-reclaim-your-privacy/]Edward Snowden Explains How To Reclaim Your Privacy[/URL]

Micah Lee
Nov. 12 2015

LAST MONTH, I met Edward Snowden in a hotel in central Moscow, just blocks away from Red Square. It was the first time we’d met in person; he first emailed me nearly two years earlier, and we eventually created an encrypted channel to journalists Laura Poitras and Glenn Greenwald, to whom Snowden would disclose overreaching mass surveillance by the National Security Agency and its British equivalent, GCHQ.

This time around, Snowden’s anonymity was gone; the world knew who he was, much of what he’d leaked, and that he’d been living in exile in Moscow, where he’s been stranded ever since the State Department canceled his passport while he was en route to Latin America. His situation was more stable, the threats against him a bit easier to predict. So I approached my 2015 Snowden meeting with less paranoia than was warranted in 2013, and with a little more attention to physical security, since this time our communications would not be confined to the internet.

Our first meeting would be in the hotel lobby, and I arrived with all my important electronic gear in tow. I had powered down my smartphone and placed it in a “faraday bag” designed to block all radio emissions. This, in turn, was tucked inside my backpack next to my laptop (which I configured and hardened specifically for traveling to Russia), also powered off. Both electronic devices stored their data in encrypted form, but disk encryption isn’t perfect, and leaving these in my hotel room seemed like an invitation to tampering.

Most of the lobby seats were taken by well-dressed Russians sipping cocktails. I planted myself on an empty couch off in a nook hidden from most of the action and from the only security camera I could spot. Snowden had told me I’d have to wait awhile before he met me, and for a moment I wondered if I was being watched: A bearded man wearing glasses and a trench coat stood a few feet from me, apparently doing nothing aside from staring at a stained-glass window. Later he shifted from one side of my couch to the other, walking away just after I made eye contact.

Eventually, Snowden appeared. We smiled and said good to see you, and then walked up the spiral staircase near the elevator to the room where I would be conducting the interview, before we really started talking.

It also turns out that I didn’t need to be quite so cautious. Later, he told me to feel free to take out my phone so I could coordinate a rendezvous with some mutual friends who were in town. Operational security, or “opsec,” was a recurring theme across our several chats in Moscow.

In most of Snowden’s interviews he speaks broadly about the importance of privacy, surveillance reform, and encryption. But he rarely has the opportunity to delve into the details and help people of all technical backgrounds understand opsec and begin to strengthen their own security and privacy. He and I mutually agreed that our interview would focus more on nerdy computer talk and less on politics, because we’re both nerds and not many of his interviews get to be like that. I believe he wanted to use our chats to promote cool projects and to educate people. For example, Snowden had mentioned prior to our in-person meeting that he had tweeted about the Tor anonymity system and was surprised by how many people thought it was some big government trap. He wanted to fix those kinds of misconceptions.

Our interview, conducted over room-service hamburgers, started with the basics.

Micah Lee: What are some operational security practices you think everyone should adopt? Just useful stuff for average people.

Edward Snowden: [Opsec] is important even if you’re not worried about the NSA. Because when you think about who the victims of surveillance are, on a day-to-day basis, you’re thinking about people who are in abusive spousal relationships, you’re thinking about people who are concerned about stalkers, you’re thinking about children who are concerned about their parents overhearing things. It’s to reclaim a level of privacy.

  • The first step that anyone could take is to encrypt their phone calls and their text messages. You can do that through the smartphone app Signal, by Open Whisper Systems. It’s free, and you can just download it immediately. And anybody you’re talking to now, their communications, if it’s intercepted, can’t be read by adversaries. [Signal is available for iOS and Android, and, unlike a lot of security tools, is very easy to use.]
  • You should encrypt your hard disk, so that if your computer is stolen the information isn’t obtainable to an adversary — pictures, where you live, where you work, where your kids are, where you go to school. [I’ve written a guide to encrypting your disk on Windows, Mac, and Linux.]
  • Use a password manager. One of the main things that gets people’s private information exposed, not necessarily to the most powerful adversaries, but to the most common ones, are data dumps. Your credentials may be revealed because some service you stopped using in 2007 gets hacked, and your password that you were using for that one site also works for your Gmail account. A password manager allows you to create unique passwords for every site that are unbreakable, but you don’t have the burden of memorizing them. [The password manager KeePassX is free, open source, cross-platform, and never stores anything in the cloud.]
  • The other thing there is two-factor authentication. The value of this is if someone does steal your password, or it’s left or exposed somewhere … [two-factor authentication] allows the provider to send you a secondary means of authentication — a text message or something like that. [If you enable two-factor authentication, an attacker needs both your password as the first factor and a physical device, like your phone, as your second factor, to login to your account. Gmail, Facebook, Twitter, Dropbox, GitHub, Battle.net, and tons of other services all support two-factor authentication.]
We should not live lives as if we are electronically naked. We should armor ourselves using systems we can rely on every day. This doesn’t need to be an extraordinary lifestyle change. It doesn’t have to be something that is disruptive. It should be invisible, it should be atmospheric, it should be something that happens painlessly, effortlessly. This is why I like apps like Signal, because they’re low friction. It doesn’t require you to re-order your life. It doesn’t require you to change your method of communications. You can use it right now to talk to your friends.
Photo: Sue Gardner

Lee: What do you think about Tor? Do you think that everyone should be familiar with it, or do you think that it’s only a use-it-if-you-need-it thing?

Snowden: I think Tor is the most important privacy-enhancing technology project being used today. I use Tor personally all the time. We know it works from at least one anecdotal case that’s fairly familiar to most people at this point. That’s not to say that Tor is bulletproof. What Tor does is it provides a measure of security and allows you to disassociate your physical location. …

But the basic idea, the concept of Tor that is so valuable, is that it’s run by volunteers. Anyone can create a new node on the network, whether it’s an entry node, a middle router, or an exit point, on the basis of their willingness to accept some risk. The voluntary nature of this network means that it is survivable, it’s resistant, it’s flexible.

[Tor Browser is a great way to selectively use Tor to look something up and not leave a trace that you did it. It can also help bypass censorship when you’re on a network where certain sites are blocked. If you want to get more involved, you can volunteer to run your own Tor node, as I do, and support the diversity of the Tor network.]

Lee: So that is all stuff that everybody should be doing. What about people who have exceptional threat models, like future intelligence-community whistleblowers, and other people who have nation-state adversaries? Maybe journalists, in some cases, or activists, or people like that?

Snowden: So the first answer is that you can’t learn this from a single article. The needs of every individual in a high-risk environment are different. And the capabilities of the adversary are constantly improving. The tooling changes as well.

What really matters is to be conscious of the principles of compromise. How can the adversary, in general, gain access to information that is sensitive to you? What kinds of things do you need to protect? Because of course you don’t need to hide everything from the adversary. You don’t need to live a paranoid life, off the grid, in hiding, in the woods in Montana.

What we do need to protect are the facts of our activities, our beliefs, and our lives that could be used against us in manners that are contrary to our interests. So when we think about this for whistleblowers, for example, if you witnessed some kind of wrongdoing and you need to reveal this information, and you believe there are people that want to interfere with that, you need to think about how to compartmentalize that.

Tell no one who doesn’t need to know. [Lindsay Mills, Snowden’s girlfriend of several years, didn’t know that he had been collecting documents to leak to journalists until she heard about it on the news, like everyone else.]

When we talk about whistleblowers and what to do, you want to think about tools for protecting your identity, protecting the existence of the relationship from any type of conventional communication system. You want to use something like SecureDrop, over the Tor network, so there is no connection between the computer that you are using at the time — preferably with a non-persistent operating system like Tails, so you’ve left no forensic trace on the machine you’re using, which hopefully is a disposable machine that you can get rid of afterward, that can’t be found in a raid, that can’t be analyzed or anything like that — so that the only outcome of your operational activities are the stories reported by the journalists. [SecureDrop is a whistleblower submission system. Here is a guide to using The Intercept’s SecureDrop server as safely as possible.]

And this is to be sure that whoever has been engaging in this wrongdoing cannot distract from the controversy by pointing to your physical identity. Instead they have to deal with the facts of the controversy rather than the actors that are involved in it.

Lee: What about for people who are, like, in a repressive regime and are trying to …

Snowden: Use Tor.

Lee: Use Tor?

Snowden: If you’re not using Tor you’re doing it wrong. Now, there is a counterpoint here where the use of privacy-enhancing technologies in certain areas can actually single you out for additional surveillance through the exercise of repressive measures. This is why it’s so critical for developers who are working on security-enhancing tools to not make their protocols stand out.

Lee: So you mentioned that what you want to spread are the principles of operational security. And you mentioned some of them, like need-to-know, compartmentalization. Can you talk more about what are the principles of operating securely?

Snowden: Almost every principle of operating security is to think about vulnerability. Think about what the risks of compromise are and how to mitigate them. In every step, in every action, in every point involved, in every point of decision, you have to stop and reflect and think, “What would be the impact if my adversary were aware of my activities?” If that impact is something that’s not survivable, either you have to change or refrain from that activity, you have to mitigate that through some kind of tools or system to protect the information and reduce the risk of compromise, or ultimately, you have to accept the risk of discovery and have a plan to mitigate the response. Because sometimes you can’t always keep something secret, but you can plan your response.

Lee: Are there principles of operational security that you think would be applicable to everyday life?

Snowden: Yes, that’s selective sharing. Everybody doesn’t need to know everything about us. Your friend doesn’t need to know what pharmacy you go to. Facebook doesn’t need to know your password security questions. You don’t need to have your mother’s maiden name on your Facebook page, if that’s what you use for recovering your password on Gmail. The idea here is that sharing is OK, but it should always be voluntary. It should be thoughtful, it should be things that are mutually beneficial to people that you’re sharing with, and these aren’t things that are simply taken from you.

If you interact with the internet … the typical methods of communication today betray you silently, quietly, invisibly, at every click. At every page that you land on, information is being stolen. It’s being collected, intercepted, analyzed, and stored by governments, foreign and domestic, and by companies. You can reduce this by taking a few key steps. Basic things. If information is being collected about you, make sure it’s being done in a voluntary way.

For example, if you use browser plugins like HTTPS Everywhere by EFF, you can try to enforce secure encrypted communications so your data is not being passed in transit electronically naked.

Lee: Do you think people should use adblock software?

Snowden: Yes.

Everybody should be running adblock software, if only from a safety perspective … We’ve seen internet providers like Comcast, AT&T, or whoever it is, insert their own ads into your plaintext http connections. … As long as service providers are serving ads with active content that require the use of Javascript to display, that have some kind of active content like Flash embedded in it, anything that can be a vector for attack in your web browser — you should be actively trying to block these. Because if the service provider is not working to protect the sanctity of the relationship between reader and publisher, you have not just a right but a duty to take every effort to protect yourself in response.

Lee: Nice. So there’s a lot of esoteric attacks that you hear about in the media. There’s disk encryption attacks like evil maid attacks, and cold-boot attacks. There’s all sorts of firmware attacks. There’s BadUSB and BadBIOS, and baseband attacks on cellphones. All of these are probably unlikely to happen to many people very often. Is this something people should be concerned about? How do you go about deciding if you personally should be concerned about this sort of attack and try to defend against it?

Snowden: It all comes down to personal evaluation of your personal threat model, right? That is the bottom line of what operational security is about. You have to assess the risk of compromise. On the basis of that determine how much effort needs to be invested into mitigating that risk.

Now in the case of cold-boot attacks and things like that, there are many things you can do. For example, cold-boot attacks can be defeated by never leaving your machine unattended. This is something that is not important for the vast majority of users, because most people don’t need to worry about someone sneaking in when their machine is unattended. … There is the evil maid attack, which can be protected against by keeping your bootloader physically on you, but wearing it as a necklace, for example, on an external USB device.

You’ve got BadBIOS. You can protect against this by dumping your BIOS, hashing it (hopefully not with SHA1 anymore), and simply comparing your BIOS. In theory, if it’s owned badly enough you need to do this externally. You need to dump it using a JTAG or some kind of reader to make sure that it actually matches, if you don’t trust your operating system.

There’s a counter to every attack. The idea is you can play the cat-and-mouse game forever. You can go to any depth, you can drive yourself crazy thinking about bugs in the walls and cameras in the ceiling. Or you can think about what are the most realistic threats in your current situation? And on that basis take some activity to mitigate the most realistic threats. In that case, for most people, that’s going to be very simple things. That’s going to be using a safe browser. That’s going to be disabling scripts and active content, ideally using a virtual machine or some other form of sandboxed browser, where if there’s a compromise it’s not persistent. [I recently wrote about how to set up virtual machines.] And making sure that your regular day-to-day communications are being selectively shared through encrypted means.
Lee: What sort of security tools are you currently excited about? What are you finding interesting?

Snowden: I’ll just namecheck Qubes here, just because it’s interesting. I’m really excited about Qubes because the idea of VM-separating machines, requiring expensive, costly sandbox escapes to get persistence on a machine, is a big step up in terms of burdening the attacker with greater resource and sophistication requirements for maintaining a compromise. I’d love to see them continue this project. I’d love to see them make it more accessible and much more secure. [You can read more about how to use Qubes here and here.]

Something that we haven’t seen that we need to see is a greater hardening of the overall kernels of every operating system through things like grsecurity [a set of patches to improve Linux security], but unfortunately there’s a big usability gap between the capabilities that are out there, that are possible, and what is attainable for the average user.

Lee: People use smartphones a lot. What do you think about using a smartphone for secure communications?

Snowden: Something that people forget about cellphones in general, of any type, is that you’re leaving a permanent record of all of your physical locations as you move around. … The problem with cellphones is they’re basically always talking about you, even when you’re not using them. That’s not to say that everyone should burn their cellphones … but you have to think about the context for your usage. Are you carrying a device that, by virtue of simply having it on your person, places you in a historic record in a place that you don’t want to be associated with, even if it’s something as simple as your place of worship?

Lee: There are tons of software developers out there that would love to figure out how to end mass surveillance. What should they be doing with their time?

Snowden: Mixed routing is one of the most important things that we need in terms of regular infrastructure because we haven’t solved the problem of how to divorce the content of communication from the fact that it has occurred at all. To have real privacy you have to have both. Not just what you talked to your mother about, but the fact that you talked to your mother at all. …

The problem with communications today is that the internet service provider knows exactly who you are. They know exactly where you live. They know what your credit card number is, when you last paid, how much it was.

You should be able to buy a pile of internet the same way you buy a bottle of water. We need means of engaging in private connections to the internet. We need ways of engaging in private communications. We need mechanisms affording for private associations. And ultimately, we need ways to engage in private payment and shipping, which are the basis of trade.
These are research questions that need to be resolved. We need to find a way to protect the rights that we ourselves inherited for the next generation. If we don’t, today we’re standing at a fork in the road that divides between an open society and a controlled system. If we don’t do anything about this, people will look back at this moment and they’ll say, why did you let that happen? Do you want to live in a quantified world? Where not only is the content of every conversation, not only are the movements of every person known, but even the location of all the objects are known? Where the book that you leant to a friend leaves a record that they have read it? These things might be useful capabilities that provide value to society, but that’s only going to be a net good if we’re able to mitigate the impact of our activity, of our sharing, of our openness.

Lee: Ideally, governments around the world shouldn’t be spying on everybody. But that’s not really the case, so where do you think — what do you think the way to solve this problem is? Do you think it’s all just encrypting everything, or do you think that trying to get Congress to pass new laws and trying to do policy stuff is equally as important? Where do you think the balance is between tech and policy to combat mass surveillance? And what do you think that Congress should do, or that people should be urging Congress to do?

Snowden: I think reform comes with many faces. There’s legal reform, there’s statutory reform more generally, there are the products and outcomes of judicial decisions. … In the United States it has been held that these programs of mass surveillance, which were implemented secretly without the knowledge or the consent of the public, violate our rights, that they went too far, that they should end. And they have been modified or changed as a result. But there are many other programs, and many other countries, where these reforms have not yet had the impact that is so vital to free society. And in these contexts, in these situations, I believe that we do — as a community, as an open society, whether we’re talking about ordinary citizens or the technological community specifically — we have to look for ways of enforcing human rights through any means.

That can be through technology, that can be through politics, that can be through voting, that can be through behavior. But technology is, of all of these things, perhaps the quickest and most promising means through which we can respond to the greatest violations of human rights in a manner that is not dependent on every single legislative body on the planet to reform itself at the same time, which is probably somewhat optimistic to hope for. We would be instead able to create systems … that enforce and guarantee the rights that are necessary to maintain a free and open society.

Lee: On a different note — people said I should ask about Twitter — how long have you had a Twitter account for?

Snowden: Two weeks.

Lee: How many followers do you have?

Snowden: A million and a half, I think.

Lee: That’s a lot of followers. How are you liking being a Twitter user so far?

Snowden: I’m trying very hard not to mess up.

Lee: You’ve been tweeting a lot lately, including in the middle of the night Moscow time.

Snowden: Ha. I make no secret about the fact that I live on Eastern Standard Time. The majority of my work and associations, my political activism, still occurs in my home, in the United States. So it only really make sense that I work on the same hours.

Lee: Do you feel like Twitter is sucking away all your time? I mean I kind of have Twitter open all day long and I sometimes get sucked into flame wars. How is it affecting you?

Snowden: There were a few days when people kept tweeting cats for almost an entire day. And I know I shouldn’t, I have a lot of work to do, but I just couldn’t stop looking at them.

Lee: The real question is, what was your Twitter handle before this? Because you were obviously on Twitter. You know all the ins and outs.

Snowden: I can neither confirm nor deny the existence of other Twitter accounts.

Disclosure: Snowden and I are both directors of Freedom of the Press Foundation.
 
Edward Snowden should be executed in the United States according to Trump's choice for CIA Director, Rep. Mike Pompeo

On the intelligence committee, Pompeo has taken a particularly hard-line stance on how to treat NSA whistleblower Edward Snowden. After Snowden's allies began a campaign to get him pardoned, the entire House Select Committee on Intelligence wrote a letter to President Barack Obama urging against a pardon. The letter said Snowden was no whistle-blower, but rather a "serial exaggerator and fabricator."

At that time, Pompeo issued his own press release, calling Snowden a "liar and a criminal," who deserves "prison rather than pardon."

In a C-SPAN interview earlier this year, Pompeo went further, stating:

"He should be brought back from Russia and given due process, and I think that the proper outcome would be that he would be given a death sentence for having put friends of mine, friends of yours, in the military today, at enormous risk because of the information he stole and then released to foreign powers."

Source: Trump’s pick for CIA director has called for Snowden’s execution

Washington Journal Representative Mike Pompeo | Video | C-SPAN.org
 
Edward Snowden should be executed in the United States according to Trump's choice for CIA Director, Rep. Mike Pompeo

On the intelligence committee, Pompeo has taken a particularly hard-line stance on how to treat NSA whistleblower Edward Snowden. After Snowden's allies began a campaign to get him pardoned, the entire House Select Committee on Intelligence wrote a letter to President Barack Obama urging against a pardon. The letter said Snowden was no whistle-blower, but rather a "serial exaggerator and fabricator."

At that time, Pompeo issued his own press release, calling Snowden a "liar and a criminal," who deserves "prison rather than pardon."

In a C-SPAN interview earlier this year, Pompeo went further, stating:

"He should be brought back from Russia and given due process, and I think that the proper outcome would be that he would be given a death sentence for having put friends of mine, friends of yours, in the military today, at enormous risk because of the information he stole and then released to foreign powers."

Source: Trump’s pick for CIA director has called for Snowden’s execution

Washington Journal Representative Mike Pompeo | Video | C-SPAN.org
Ouch. To me Snowden has done a service to the country and derailed a program that stomps on privacy rights all in the name of fighting terrorism.

I dare say that Obama might just pardon him as one last act before leaving office.
 
Pompeo's stance on terrorism is in lock step with Trump's. I doubt if Trump wants to go after the whistleblowers that actually proved his allegations of government corruption.
 
Pompeo's stance on terrorism is in lock step with Trump's. I doubt if Trump wants to go after the whistleblowers that actually proved his allegations of government corruption.
Think of the backlash if Snowden ever got captured by the US and it won't be pretty.
 
President Obama Will NOT Pardon Edward Snowden

ARD/SPIEGEL: Are you going to pardon Edward Snowden?

Obama: I can't pardon somebody who hasn't gone before a court and presented themselves, so that's not something that I would comment on at this point. I think that Mr. Snowden raised some legitimate concerns. How he did it was something that did not follow the procedures and practices of our intelligence community. If everybody took the approach that I make my own decisions about these issues, then it would be very hard to have an organized government or any kind of national security system.

At the point at which Mr. Snowden wants to present himself before the legal authorities and make his arguments or have his lawyers make his arguments, then I think those issues come into play. Until that time, what I've tried to suggest -- both to the American people, but also to the world -- is that we do have to balance this issue of privacy and security. Those who pretend that there's no balance that has to be struck and think we can take a 100-percent absolutist approach to protecting privacy don't recognize that governments are going to be under an enormous burden to prevent the kinds of terrorist acts that not only harm individuals, but also can distort our society and our politics in very dangerous ways.

And those who think that security is the only thing and don't care about privacy also have it wrong.

We have to find ways in which, collectively, we agree there's some things that government needs to do to help protect us, that in this age of non-state actors who can amass great power, I want my government -- and I think the German people should want their government -- to be able to find out if a terrorist organization has access to a weapon of mass destruction that might go off in the middle of Berlin.

That may mean that, as long as they do it carefully and narrowly, that they're going to have to find ways to identify an email address or a cell phone of a network. On the other hand, it's important to make sure that governments have some checks on what they do, that people can oversee what's being done so the government doesn't abuse it. But we shouldn't assume that government is always trying to do the wrong thing.

My experience is that our intelligence officials try to do the right thing, but even with good intentions, sometimes they make mistakes. Sometimes they can be overzealous. Our lives are now in a telephone, all our data, all our finances, all our personal information, and so it's proper that we have some constraints on that. But it's not going to be 100 percent. If it is 100 percent, then we're not going to be able to protect ourselves and our societies from some people who are trying to hurt us.

Source: SPIEGEL Interview with US President Barack Obama: 'We Could See More and More Divisions' - SPIEGEL ONLINE
 
Obama: I can't pardon somebody who hasn't gone before a court and presented themselves, so that's not something that I would comment on at this point.

This is not true..

In 1866, the Supreme Court ruled in http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=71&invol=333 that the pardon power "extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment." (In that case, a former Confederate senator successfully petitioned the court to uphold a pardon that prevented him from being disbarred.) Generally speaking, once an act has been committed, the president can issue a pardon at any time—regardless of whether charges have even been filed.

There aren't many limits to the president's pardon power, at least when it comes to criminal prosecutions under federal law. The president's clemency power has its origins in the practices of the English monarchy, and as a result, the Supreme Court has given the president wide leeway under Article II, Section 2 of the Constitution. There are some exceptions: The chief executive can't pardon someone for a violation of state law or nullify a civil ruling, and his power doesn't extend to convictions handed down in an impeachment proceeding. (It's also not clear whether the president can pardon himself for future convictions.)

While pre-emptive pardons remain very rare, there are a few notable exceptions. Perhaps the most famous presidential pardon of all time occurred before any charges were filed. Gerald Ford's pardon of Richard Nixon absolved the former president of "all offenses against the United States which he … has committed or may have committed or taken part in" between the date of his inauguration in 1969 and his resignation in August 1974. In other cases, presidents have pardoned individuals after criminal proceedings have begun but before a judgment has been handed down. In late 1992, less than a month before leaving office, President George H.W. Bush pardoned former Defense Secretary Caspar Weinberger, who had been indicted earlier that year on perjury charges surrounding the Iran-Contra affair. (A lawyer for Roger Clemens' former trainer Brian McNamee claimed the pitcher might receive a similar pardon from Bush if he were ever indicted.) In addition, broad presidential amnesties—like the one President Carter issued to those who had avoided the draft during the Vietnam War—are essentially pre-emptive pardons issued to a large group of individuals.
This actually came up in a conversation on whether Obama could preemptively pardon Hillary, but the issues are identical. I lost track of the original poster/article, but this is probably it.
 
Intelligence experts urge Obama to end Edward Snowden's 'untenable exile'

Fifteen former staff members of the Church committee, the 1970s congressional investigation into illegal activity by the CIA and other intelligence agencies, have written jointly to Obama calling on him to end Snowden’s “untenable exile in Russia, which benefits nobody”. Over eight pages of tightly worded argument, they remind the president of the positive debate that Snowden’s disclosures sparked – prompting one of the few examples of truly bipartisan legislative change in recent years.

They also remind Obama of the long record of leniency that has been shown by his own and previous administrations towards those who have broken secrecy laws. They even recall how their own Church committee revealed that six US presidents, from Franklin Roosevelt to Richard Nixon, were guilty of abusing secret powers.

“There is no question that Snowden broke the law. But previous cases in which others violated the same law suggest leniency. And most importantly, Snowden’s actions were not for personal benefit, but were intended to spur reform. And they did so,” the signatories write.

[...]

In their letter, which they have also sent to the US attorney general, Loretta Lynch, the 15 cite the former CIA director David Petraeus as an example of the kind of official leniency that has so far eluded Snowden. Petraeus violated both the law and national security by leaking confidential information to his biographer and lover, then lied about it to the FBI.

“Yet he was allowed to plead guilty to just one misdemeanor for which he received no jail time,” the letter says. The reference to Petraeus is pointed at a time when the former military commander is being actively considered by President-elect Donald Trump to become US secretary of state.

---

November 28, 2016

President Barack Obama
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500

Attorney General Loretta Lynch
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear President Obama and Attorney General Lynch:

Please see the attached memorandum urging you to extend leniency to Edward Snowden in negotiating a fair and just settlement of the criminal charges against him, based on the public benefits that resulted from his disclosures. The memo is signed by fifteen former staff members of the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (better known as the Church Committee), which was established in 1975 to conduct the first, and to date the only, comprehensive investigation of U.S. intelligence activities and their impact on the rights of Americans.

As the Church Committee’s Chief Counsel and Staff Director, we found the good judgment and advice of our staff crucial to crafting a bi-partisan consensus on the need for reform. Their continuing service to our country, often in government and particularly in the intelligence community, has only strengthened their wisdom in matters of vital importance to both our nation’s security and individual liberty. We urge you to seriously consider this request as the best option for resolving the Snowden matter and ending his untenable exile in Russia, which benefits nobody.

Thank you for your attention to this matter.

Sincerely,

Frederick A.O. Schwarz, Jr. William Green Miller
Church Committee Chief Counsel Church Committee Staff Director

CC: United States Attorney Dana J. Boente
Eastern District of Virginia
Justin W. Williams U.S. Attorney’s Building
2100 Jamieson Ave.
Alexandria, VA 22314

--

MEMORANDUM FOR PRESIDENT BARACK OBAMA
ATTORNEY GENERAL LORETTA LYNCH

November 28, 2016

As former professional staff members of the U.S. Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (the “Church Committee”), we are writing to urge that the White House and the Justice Department negotiate a settlement of the charges against Edward Snowden that both sides can accept.

There is no question that Edward Snowden’s disclosures led to public awareness which stimulated reform. Whether or not these clear benefits to the country merit a pardon, they surely do counsel for leniency.

In the American political system, bipartisan government reforms are generally regarded as the most legitimate and durable. Recently, however, our government has all but stopped making bipartisan reforms. There is one big exception: the surveillance reforms inspired by Edward Snowden’s revelations.

It was Snowden who supplied journalists with evidence that our government had, for many years, been collecting information about the domestic phone calls of millions of Americans. As a result, a bipartisan coalition in Congress formed to amend the Patriot Act to prohibit the practice. In the Senate, Mike Lee, a conservative Republican from Utah, joined with Patrick Leahy, a liberal Democrat from Vermont, to sponsor the reform. In the House, the move toward reform started with two Michigan Congressmen, Justin Amash, a junior Tea Party Republican from Grand Rapids, and John Conyers, a veteran liberal Democrat from Detroit. Republican Congressman James Sensenbrenner, a primary author of the Patriot Act and its extensions, also backed the reforms saying he and his colleagues had not intended to permit the NSA’s widespread scooping up of data about Americans’ communications.

It was also Snowden’s material that showed the extent to which the National Security Agency intercepts and filters international electronic communications from undersea fiber optic cables, and taps internal links connecting data centers for Internet companies like Yahoo! and Google. All this was in pursuit of former NSA Director Keith Alexander’s directive to “collect it all.” Untold millions of Americans' communications are swept up in these programs, where they are available for perusal by the FBI and CIA through what has become known as the “backdoor” search loophole. Republican Reps. Ted Poe and Tom Massie have joined with Democratic Rep. Zoe Lofgren in sponsoring legislation to ban this practice.

Snowden’s documents also revealed the broad scope of NSA spying on foreigners including eavesdropping on close allies in addition to potential adversaries like Russia and China. While some have argued that leaking such “legal” surveillance activities disqualifies Snowden from any mercy, President Barack Obama has acknowledged that stronger controls were necessary. He implemented the first-ever reforms to afford privacy protection for foreigners from surveillance unless it is necessary to protect our national security.

The NSA, CIA, and Defense Department maintain that harm resulted from the disclosures, particularly with respect to our efforts overseas, where they say relationships with intelligence partners have been damaged and our adversaries may know more about our capabilities. No one is asking that these claims be ignored, only that they be checked, and then weighed against the benefits.

America clearly did benefit from Snowden’s disclosures. Former Attorney-General Eric Holder said that Snowden “performed a public service by raising the debate that we engaged in and by the changes that we made.” President Obama has said that the public debate regarding surveillance and accountability that Snowden generated "will make us stronger.” The President also issued an executive order recognizing that foreigners have privacy interests––an acknowledgement no previous President had ever made––and also asked the intelligence community to find ways to provide foreigners with some protections previously provided only to Americans.

Without Snowden, it would have been decades, if ever, until Americans learned what intelligence agencies acting in our name had been up to. We know first hand that lack of disclosure can cause just as many, if not more, harms to the nation than disclosure. When intelligence agencies operate in the dark, they often have gone too far in trampling on the legitimate rights of law-abiding Americans and damaging our reputation internationally. We saw this repeated time and time again when serving as staff members for the U.S. Senate Select Committee, known as the Church Committee, that in 1975-76 conducted the most extensive bipartisan investigation of a government’s secret activities ever, in this country or elsewhere.

Among the mass of long-lasting abuses that we uncovered were: For 30 years, NSA had obtained copies of every telegram leaving the United States. For 25 years, the FBI had planted an informer in the NAACP despite knowing from the outset that it did nothing illegal. For decades, the FBI had run a secret program called COINTELPRO designed to harass and destroy groups and individuals whose lawful policy positions the Bureau did not like. Actions included secretly breaking up marriagesof dissidents, getting teachers fired based on false information, provoking beatings and shootings, and trying to get civil rights leader Martin Luther King, Jr., to commit suicide by using information from bugs in his hotel rooms. For years, the CIA attempted to assassinate foreign leaders of countries with whom we were not at war, experimented with the use of drugs like LSD on “unwitting” Americans, and conducted domestic surveillance of anti-Vietnam War protesters and civil rights activists—which was in direct contravention of the CIA’s charter.

The number of Americans caught up in these decades-long webs of excessive––and secret––intelligence activity was huge. Moreover, the Church Committee's disclosures revealed that six presidents, coming from both parties—from Franklin Roosevelt to Richard Nixon—had abused their secret powers. All this set the stage for bipartisan reforms that made our intelligence agencies stronger by bringing them into compliance with the law and American values, and by establishing independent oversight mechanisms. As Republican leader Senator Howard Baker said at the end of the Church Committee, our disclosures “in the long run result[ed] in a stronger and more efficient intelligence community.”

Snowden’s disclosures—which significantly lessened the time that overbroad and inappropriate secret surveillance lasted in the 21st century—have had and will continue to have the same beneficial impact.

Some oppose leniency for Snowden because he violated the law. But many in the national security establishment who committed serious crimes have received little or no punishment. President Obama’s decision to "look forward, not backward" absolved from liability the officials who designed and implemented the torture and extraordinary rendition programs at the CIA and Defense Department during the George W. Bush Administration. It also meant that those who destroyed evidence of these crimes and misled Congress about illegal torture and surveillance would never face charges.

In addition, the government has also been lenient to high-level officials who made illegal disclosures or destroyed classified information. Examples are cases involving National Security Advisor Sandy Berger and CIA Directors David Petraeus and John Deutch.

CIA Director David Petraeus, who also had been a top general, violated the law and his obligation to protect national security information when he provided his biographer, who was also his close friend, with voluminous notebooks documenting Top Secret military and intelligence operations, as well as sharing classified information with reporters. He also made false statements to the FBI to avoid accountability for his actions. Yet he was allowed to plead guilty to just one misdemeanor for which he received no jail time. Former National Security Advisor Sandy Berger broke the law when he removed several highly classified documents sought by the 9/11 Commission from the National Archives and then destroyed them. He too was allowed to plead guilty to a misdemeanor and received a fine and probation. President Bill Clinton pardoned former CIA Director John Deutch before the Justice Department filed a misdemeanor charge against him for improperly taking hundreds of files containing highly classified information and storing them on an unprotected home computer. In all these cases, recognition of the public service the individuals had provided weighed against strict enforcement of the law, to come to a fair and just result.

There are, of course, differences between these cases and Snowden’s. But
the crucial point is that only in Snowden’s case was the motivation behind his illegal activity to benefit America. The three others involved efforts to gain glory or avoid criticism, or simple convenience and simple disregard for the law that put our security at risk. Yet the perpetrators were treated leniently.

Snowden’s explicit intent was to raise public awareness about activities that he believed (and that all three branches of government have to varying degrees affirmed) were illegal, or overbroad, so that there could be a robust public discussion about the proper scope of government surveillance.

Snowden did not try to mask his identity, or lie to the FBI. He knew he would pay a personal price. As he has.

Contrary to his critics, Snowden did not flee to Russia. Rather he was trapped there when our government revoked his passport during the first leg of his flight to Ecuador, where he had requested asylum. Exile in Russia was not his choice, and has come at a high price personally, to him and his family. The United States thwarted his efforts to obtain safe passage to other countries that had offered asylum, going so far as to force Bolivian President Evo Morales’ plane to the ground in Austria to ensure Snowden wasn’t on it.

The House Intelligence Committee has also claimed that Snowden should have brought his concerns to superiors in the NSA and to Congress. But Snowden knew that former NSA official Thomas Drake tried to report his qualms about NSA programs, and was charged with violations of the Espionage Act nonetheless. More importantly, the Intelligence Committees in Congress had known for years about the programs Snowden exposed. But the Committees had not acted. Nothing happened in Congress until public pressure, fueled by Snowden’s disclosures, caused lawmakers on both sides of the aisle to act.

Snowden also learned from Chelsea Manning’s wholesale document dump to WikiLeaks, some of which put individuals and organizations named in the documents at risk. Rather than simply publishing the NSA documents on the Internet, Snowden provided them to media organizations, believing that the journalistic process would ensure that only materials in the public interest would be published, and that the government would have a chance to argue for redactions or withholding of materials that might truly cause harm. While this method is not perfect, it was the best of the possible choices available to get the word out with the least chance of harm. Such prudence is also relevant to leniency for Snowden.

Some argue that Snowden should surrender to U.S. authorities, face trial under the Espionage Act and make his argument that he acted in the public interest in a courtroom. But, under the Espionage Act, a defense of acting in the public interest is not allowed. Snowden also could not tell a jury that his actions spurred reform. The Espionage Act, a harsh law, was designed to prosecute spying on behalf of foreign nations rather than whistle blowing to inform the American public about government overreach.

Under current law, the only way to weigh the public benefits of Snowden’s leaks and account for his aim to help America is for the government to mitigate the charges through settlement discussions.

The status quo is untenable. Snowden presumably does not want to stay in Russia, and our government does not want him there. As the U.S. relationship with Russian deteriorates, the risk to all interests involved increases. There is no question that Snowden broke the law. But previous cases in which others violated the same law suggest leniency. And, most importantly, Snowden actions were not for personal benefit, but were intended to spur reform. And they did so.

We therefore urge that the White House and the Justice Department negotiate a settlement with Edward Snowden of the charges against him that both sides can accept.

Frederick A. O. (“Fritz”) Schwarz, Jr.
Church Committee Chief Counsel

William Green Miller
Church Committee Staff Director

David Aaron
Joseph Dennin
James Dick
Peter Fenn
Karl F. “Rick” Inderfurth
Elliot Maxwell
Paul Michel
Christopher Pyle
Gordon Rhea
Eric Richard
Patrick Shea
Athan Theoharis
Burton Wides
 

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Would Snowden accept some prison time for his actions? That would remain to be seen if he would accept some plea deal whereas some groups wanted Snowden be given the death penalty for his crimes.
 
Would Snowden accept some prison time for his actions? That would remain to be seen if he would accept some plea deal whereas some groups wanted Snowden be given the death penalty for his crimes.

Why should Snowden have to accept any prison time? Petraeus didn't get any jail time, and he lied to the FBI.

Remember Martha Stewart lied to the FBI and went to jail. Let's also not forget 'Scooter' Libby -- he broke the law, and IIRC, he didn't go to jail either.
 
Why should Snowden have to accept any prison time? Petraeus didn't get any jail time, and he lied to the FBI.

Remember Martha Stewart lied to the FBI and went to jail. Let's also not forget 'Scooter' Libby -- he broke the law, and IIRC, he didn't go to jail either.
Not saying he should so hopefully there will be a deal. With Trump soon taking office, it could be something dicey.
 
Intel Committee Releases Declassified Snowden Report
Washington, December 22, 2016

The House Permanent Select Committee on Intelligence today released a declassified version of its investigative report on Edward Snowden, the former National Security Agency contractor who fled to China and then Russia after stealing an estimated 1.5 million classified documents. The report, including redactions for classified information, was the result of a two-year inquiry into Snowden’s background, likely motivations, and methods of theft, as well as the damage done to U.S. national security as a result of his actions. The report was completed in September 2016 and submitted to the Intelligence Community for a declassification review.

Intelligence Committee Chairman Devin Nunes said, “I’m gratified that, with the completion of the declassification review, the American people can now get a fuller account of Edward Snowden’s crimes and the reckless disregard he has shown for U.S. national security, including the safety of American servicemen and women. It will take a long time to mitigate the damage he caused, and I look forward to the day when he returns to the United States to face justice.”

Intelligence Committee Ranking Member Adam Schiff said, “Snowden and his defenders claim that he is a whistleblower, but he isn't, as the Committee's review shows. Most of the material he stole had nothing to do with Americans’ privacy, and its compromise has been of great value to America's adversaries and those who mean to do America harm. Whistleblowers are important to proper oversight and we will protect them from retaliation, and those who engage in civil disobedience are willing to stay and face the consequences.”

NSA and Cybersecurity Subcommittee Chairman Lynn Westmoreland said, “The American people have every right to know the extent of the damage Edward Snowden did to our national security, and I applaud the declassification of the House Intelligence Committee’s report. Not only did Snowden endanger American servicemembers, threaten critical relationships across the globe, and reduce our allies’ ability to counter terror attacks, but repairing the damage he did cost a tremendous amount of taxpayer dollars and more importantly, used up valuable time and resources that should be spent keeping our country safe. This extensive report shows Snowden is no hero, and that he should be brought to justice for his reckless actions.”

To read the declassified report, click here. To read Intelligence Committee highlights of the report, click here.​
 

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