"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Orwellian’

UPSTREAM, They Know Much More About You Than You Think

In Uncategorized on August 1, 2013 at 8:18 pm
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The headquarters of the National Security Agency, Fort Meade, Maryland

Oldspeak: “Within days of Snowden’s documents appearing in The Guardian and The Washington Post, revealing several of the National Security Agency’s extensive domestic surveillance programs, bookstores reported a sudden spike in the sales of George Orwell’s classic dystopian novel 1984. On Amazon.com, the book made the “Movers & Shakers” list and skyrocketed 6,021 percent in a single day. Written sixty-five years ago, it described a fictitious totalitarian society where a shadowy leader known as “Big Brother” controls his population through invasive surveillance. “The telescreens,” Orwell wrote, “have hidden microphones and cameras. These devices, alongside informers, permit the Thought Police to spy upon everyone….” –James Bamford

“The most awesome and near omniscient surveillance network ever created by man has been revealed in much of its grotesquely invasive corptalitarian horror. And what was American’s response? CONSUME.  Sales of the script to the horror show we are currently living Orwell’s “1984” exploded 6,000 PERCENT. No critical thoughts given to the personal telescreens/tracking device/listening device/thought recorder/microwave radiation emitter a.k.a. smart phones. Sheeple literally responded to news that all their actions on the internet are being watched, stored and analyzed, by buying a dystopian novel on the internet. All those people should consider themselves a “selector”. 🙂  More and more I’m seeing all these hip sexy cool invitations to “share everything” via your telescreen. Incessant exhortations to use your telescreen to buy everything, check things, secure things, pay things, scan things, tweet things, like things, post things, photograph things, record things, ask things, watch things, play things, listen to things, control devices, read, get medical advice, report crime, inform on others, etc, etc, etc…. Never mind that your ever expanding constellation of ever more convenient and personalizable apps are watching youSoon, your televisions, dvr’s and video games will watch you too. Keep consuming, keep providing free content, that make it ever easier to target more marketing at you to buy more shit you don’t need. When will we wake from our hyperconsumptive soma coma?. I’ll tell you one thing though, somebody is making an ass ton of money collecting and analyzing this exponentially expanding flow of digital content. ” –OSJ

By James Bamford @ The New York Review Of Books:

In mid-May, Edward Snowden, an American in his late twenties, walked through the onyx entrance of the Mira Hotel on Nathan Road in Hong Kong and checked in. He was pulling a small black travel bag and had a number of laptop cases draped over his shoulders. Inside those cases were four computers packed with some of his country’s most closely held secrets.

Within days of Snowden’s documents appearing in The Guardian and The Washington Post, revealing several of the National Security Agency’s extensive domestic surveillance programs, bookstores reported a sudden spike in the sales of George Orwell’s classic dystopian novel 1984. On Amazon.com, the book made the “Movers & Shakers” list and skyrocketed 6,021 percent in a single day. Written sixty-five years ago, it described a fictitious totalitarian society where a shadowy leader known as “Big Brother” controls his population through invasive surveillance. “The telescreens,” Orwell wrote, “have hidden microphones and cameras. These devices, alongside informers, permit the Thought Police to spy upon everyone….”

Today, as the Snowden documents make clear, it is the NSA that keeps track of phone calls, monitors communications, and analyzes people’s thoughts through data mining of Google searches and other online activity. “Any sound that Winston made, above the level of a very low whisper, would be picked up by it,” Orwell wrote about his protagonist, Winston Smith.

There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.

Of course the US is not a totalitarian society, and no equivalent of Big Brother runs it, as the widespread reporting of Snowden’s information shows. We know little about what uses the NSA makes of most information available to it—it claims to have exposed a number of terrorist plots—and it has yet to be shown what effects its activities may have on the lives of most American citizens. Congressional committees and a special federal court are charged with overseeing its work, although they are committed to secrecy, and the court can hear appeals only from the government.

Still, the US intelligence agencies also seem to have adopted Orwell’s idea of doublethink—“to be conscious of complete truthfulness,” he wrote, “while telling carefully constructed lies.” For example, James Clapper, the director of national intelligence, was asked at a Senate hearing in March whether “the NSA collect[s] any type of data at all on millions or hundreds of millions of Americans.” Clapper’s answer: “No, sir…. Not wittingly.”

Three months later, following the revelations of the phone-log program in which the NSA collects telephone data—the numbers of both callers and the length of the calls—on hundreds of millions of Americans, Clapper switched to doublethink. He said that his previous answer was not a lie; he just chose to respond in the “least untruthful manner.” With such an Orwellian concept of the truth now being used, it is useful to take a look at what the government has been telling the public about its surveillance activities over the years, and compare it with what we know now as a result of the top secret documents and other information released by, among others, the former NSA contract employee Edward Snowden.

Looking back, the NSA and its predecessors have been gaining secret, illegal access to the communications of Americans for nearly a century. On July 1, 1920, a slim balding man in his early thirties moved into a four-story townhouse at 141 East 37th Street in Manhattan. This was the birth of the Black Chamber, the NSA’s earliest predecessor, and it would be hidden in the nondescript brownstone. But its chief, Herbert O. Yardley, had a problem. To gather intelligence for Woodrow Wilson’s government, he needed access to the telegrams entering, leaving, and passing through the country, but because of an early version of the Radio Communications Act, such access was illegal. With the shake of a hand, however, Yardley convinced Newcomb Carlton, the president of Western Union, to grant the Black Chamber secret access on a daily basis to the private messages passing over his wires—the Internet of the day.

For much of the next century, the solution would be the same: the NSA and its predecessors would enter into secret illegal agreements with the telecom companies to gain access to communications. Eventually codenamed Project Shamrock, the program finally came to a crashing halt in 1975 when a Senate committee that was investigating intelligence agency abuses discovered it. Senator Frank Church, the committee chairman, labeled the NSA program “probably the largest governmental interception program affecting Americans ever undertaken.”

As a result of the decades of illegal surveillance by the NSA, in 1978 the Foreign Intelligence Surveillance Act (FISA) was signed into law and the Foreign Intelligence Surveillance Court (FISC) came into existence. Its purpose was, for the first time, to require the NSA to get judicial approval for eavesdropping on Americans. Although the court seldom turned down a request for a warrant, or an order as it’s called, it nevertheless served as a reasonable safeguard, protecting the American public from an agency with a troubling past and a tendency to push the bounds of spying unless checked.

For a quarter of a century, the rules were followed and the NSA stayed out of trouble, but following the September 11 attacks, the Bush administration decided to illegally bypass the court and began its program of warrantless wiretapping. “Basically all rules were thrown out the window and they would use any excuse to justify a waiver to spy on Americans,” I was told by Adrienne J. Kinne, who in 2001 was a twenty-four-year-old voice intercept operator who conducted some of the eavesdropping. She or her superiors did not have to get a warrant for each interception. “It was incredibly uncomfortable to be listening to private personal conversations of Americans,” she said. “And it’s almost like going through and stumbling and finding somebody’s diary and reading it.”

All during this time, however, the Bush administration was telling the American public the opposite: that a warrant was obtained whenever an American was targeted. “Anytime you hear the United States government talking about a wiretap, it requires—a wiretap requires a court order,” President George W. Bush told a crowd in 2004. “Nothing has changed, by the way. When we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so.” After exposure of the operation by The New York Times in 2005, however, rather than strengthen the controls governing the NSA’s spying, Congress instead voted to weaken them, largely by codifying into the amendment to FISA what had previously been illegal.

At the same time, rather than calling for prosecution of the telecom officials for their role in illegally cooperating in the eavesdropping program, or at least a clear public accounting, Congress simply granted them immunity not only from prosecution but also from civil suits. Thus, for nearly a century, telecom companies have been allowed to violate the privacy of millions of Americans with impunity.

With the arrival of the Obama administration, the NSA’s powers continued to expand at the same time that administration officials and the NSA continued to deceive the American public on the extent of the spying. In addition to the denial I have mentioned by James Clapper, General Keith Alexander, the NSA director, also blatantly denied that his agency was keeping records on millions of Americans. In March 2012, Wired magazine published a cover story I wrote on the new one-million-square-foot NSA data center being built in Bluffdale, Utah. In the article, I interviewed William Binney, a former high-ranking NSA official who was largely responsible for automating the agency’s worldwide eavesdropping network. He quit the agency in 2001 in protest after he saw the system designed mainly for intelligence about foreign threats turned inward on the American public. In the interview, he told how the agency was tapping into the country’s communications and Internet networks. He revealed that it also was secretly obtaining warrantless access to billions of phone records of Americans, including those of both AT&T and Verizon. “They’re storing everything they gather,” he said.

In the months afterward, General Alexander repeatedly denied Binney’s charges. “No…we don’t hold data on US citizens,” he told Fox News, and at an Aspen Institute conference he said, “To think we’re collecting on every US person…that would be against the law.” He added, “The fact is we’re a foreign intelligence agency.”

But the documents released by Edward Snowden show that the NSA does have a large-scale program to gather the telephone records of every Verizon customer, including local calls, and presumably a similar agreement with AT&T and other companies. These are records of who called whom and when, not of the content of the conversations, although the NSA has, by other methods, access to the content of conversations as well. But the NSA has, on a daily basis, access to virtually everyone’s phone records, whether cell or landline, and can store, data-mine, and keep them indefinitely. Snowden’s documents describing the PRISM program show that the agency is also accessing the Internet data of the nine major Internet companies in the US, including Google and Yahoo.

Snowden’s documents and statements add greatly to an understanding of just how the NSA goes about conducting its eavesdropping and data-mining programs, and just how deceptive the NSA and the Obama administration have been in describing the agency’s activities to the American public. In a video interview conducted in his room in the Mira Hotel, Snowden elaborated on the extent of the NSA’s capabilities. “Any analyst at any time can target anyone, any selector, anywhere,” he said.

Where those communications will be picked up depends on the range of the sensor networks and the authorities that that analyst is empowered with. Not all analysts have the ability to target everything. But I sitting at my desk certainly had the authorities to wiretap anyone, from you or your accountant to a federal judge to even the president, if I had a personal e-mail [address].

What Snowden was discussing was the way in which analysts at the NSA can place such things as names, phone numbers, and e-mail addresses on target lists, thus causing communications containing those “selectors” to be intercepted. He seemed to be indicating—although this remains to be officially confirmed—that while under FISA, a court order would be required to enter an American on a target list, analysts have the capability to unilaterally bypass the procedure by simply listing a name or e-mail address on the target list. To understand what Snowden is saying, it is necessary to elaborate a bit on the way the NSA conducts its eavesdropping.

Bamford_2-081513.jpgEdward Gorey Charitable Trust

Drawing by Edward Gorey

During the past decade, the NSA has secretly worked to gain access to virtually all communications entering, leaving, or going through the country. A key reason, according to the draft of a top secret NSA inspector general’s report leaked by Snowden, is that approximately one third of all international telephone calls in the world enter, leave, or transit the United States. “Most international telephone calls are routed through a small number of switches or ‘chokepoints’ in the international telephone switching system en route to their final destination,” says the report. “The United States is a major crossroads for international switched telephone traffic.” At the same time, according to the 2009 report, virtually all Internet communications in the world pass through the US. For example, the report notes that during 2002, less than one percent of worldwide Internet bandwidth—i.e., the international link between the Internet and computers—“was between two regions that did not include the United States.”

Accessing this data is possible through a combination of techniques. Through the most effective of them, the NSA can gain direct access to the fiber-optic cables that now carry most kinds of communications data. According to a slide released by Snowden, the cable-tapping operation is codenamed “UPSTREAM” and it is described as the “collection of communications on fiber cables and infrastructure as data flows past.” It also appears to be both far more secret and far more invasive than the PRISM program revealed by Snowden. Although PRISM gives the NSA access to data from the individual Internet companies, such as Yahoo, Google, and Microsoft, the companies claim that they don’t give the agency direct access to their servers. Through UPSTREAM, however, the agency does get direct access to fiber-optic cables and the supporting infrastructure that carries nearly all the Internet and telephone traffic in the country.

As part of its cable-tapping program, the NSA has secretly installed what amount to computerized filters on the telecommunications infrastructure throughout the country. According to the leaked inspector general’s report, the agency has secret cooperative agreements with the top three telephone companies in the country. Although the report disguises their names, they are likely AT&T, Verizon, and Sprint:

NSA determined that under the Authorization it could gain access to approximately 81% of the international calls into and out of the United States through three corporate partners: Company A had access to 39%, Company B 28%, and Company C 14%.

The filters are placed at key junction points known as switches. For example, much of the communications—telephone and Internet—to and from the northwestern United States pass through a nearly windowless nine-story building at 611 Folsom Street in San Francisco. This is AT&T’s regional switching center. In 2003, the NSA built a secret room in the facility and filled it with computers and software from a company called Narus. Established in Israel by Israelis, and now owned by Boeing, Narus specializes in spyware, equipment that examines both the metadata—the names and addresses of people communicating on the Internet—and the content of digital traffic such as e-mail as it zooms past at the speed of light.

The agency also has access to the telephone metadata—the numbers called and calling and other details—of all Americans. Phone calls from telephone numbers that have been selected as targets can be routed directly to the agency and recorded. According to William Binney, the former NSA senior official, the NSA has established between ten and twenty of these secret rooms at telecom company switches around the country.

It is this daily access to the telephone metadata of all Americans without FISA warrants that the NSA and the Office of National Intelligence tried to hide when they falsely denied that the agency had surveillance records on millions of Americans. For years, the agency also had a nationwide bulk e-mail and Internet metadata collection and storage program, although that was ended in 2011 for “operational and resource reasons,” according to the director of national intelligence.

But according to a joint statement issued on July 2 by senators Ron Wyden and Mark Udall, the real reason the program was shut down was that the NSA was “unable” to prove the usefulness of the operation. “We were very concerned about this program’s impact on Americans’ civil liberties and privacy rights,” they said, “and we spent a significant portion of 2011 pressing intelligence officials to provide evidence of its effectiveness. They were unable to do so, and the program was shut down that year.” The senators added, “It is also important to note that intelligence agencies made statements to both Congress and the [FISA court] that significantly exaggerated this program’s effectiveness. This experience demonstrates to us that intelligence agencies’ assessment of the usefulness of particular collection program—even significant ones—are not always accurate.”

Speaking on Meet the Press, Glenn Greenwald, a lawyer and journalist who wrote the story about the NSA’s collection of phone data for The Guardian, also mentioned a still-secret eighty-page FISA court opinion that, he said, criticized the NSA for violation of both the Fourth Amendment and the FISA statute. According to Greenwald, “it specifically said that they are collecting bulk transmissions, multiple conversations from millions of Americans…and that this is illegal.” The NSA, he said, “planned to try to accommodate that ruling.” On the same program, Representative Mike Rogers, Republican chairman of the House Intelligence Committee, confirmed that the FISA court had issued a critical opinion and said that the NSA had “figured out how to correct that.”

According to The Economist of June 29, “the NSA provided congressional intelligence committees with what it said were over 50 cases in which the programmes disclosed by Mr. Snowden had contributed to the ‘understanding and, in many cases, disruption’ of terrorist plots in America, and over 20 other countries.” In a recent New York Review blog post, Kenneth Roth, director of Human Rights Watch and a former federal prosecutor, commented that “upon scrutiny” many of the plots referred to by the NSA

appear in fact to have been uncovered not because of the mass collection of our metadata but through more traditional surveillance of particular phone numbers or e-mail addresses—the kinds of targeted inquiries that easily would have justified a judicial order allowing review of records kept by communications companies or even monitoring the content of those communications.

At the AT&T facility on Folsom Street and the other locations, fiber-optic cables containing millions of communications enter the building and go into what’s known as a beam-splitter. This is a prism-type device that produces a duplicate, mirror image of the original communications. The original beams, containing Internet data, continue on to wherever they were originally destined. The duplicate beam goes into Room 641A, the NSA’s secret room one floor below, a discovery made by another whistleblower, AT&T technician Mark Klein. There the Narus equipment scans all the Internet traffic for “selectors”—names, e-mail address, words, phrases, or other indicators that the NSA wants to know about. Any message containing a selector is then retransmitted in full to the NSA for further analysis, as are the contents of phone calls selected. With regard to targeted phone numbers, the agency supplies them to the company, which then gives the NSA access to monitor them.

The selectors are inserted by remote control into the Narus equipment by NSA analysts sitting at their desks at the agency’s headquarters at Fort Meade in Maryland or at dozens of locations around the world. What Snowden seemed to be saying in his interview is that as long as certain analysts have an e-mail address, for example, they can simply enter that information into the system and retrieve the content of the e-mails sent from and to that address. There are, by his account, no judicial checks and balances to assure that the targeting of an American has been approved by a FISA court order and not just by NSA employees. These claims by Snowden, and other revelations from the documents he released, should be investigated by either a select committee of Congress, such as the Church Committee, or an independent body, like the 9/11 Commission.

While UPSTREAM captures most of the telecommunications—about 80 percent according to Binney—there are still gaps in the coverage. That is where the PRISM program comes in. With PRISM, the NSA is able to go directly to the communications industry, including the major Internet companies, to get whatever they miss from UPSTREAM. According to the top secret inspector general’s report, the “NSA maintains relationships with over 100 US companies,” adding that the US has the “home field advantage as the primary hub for worldwide telecommunications.”

According to a recent slide released by Snowden, the NSA on April 5, 2013, had 117,675 active surveillance targets in the program and was able to access real-time data on live voice, text, e-mail, or Internet chat services, in addition to analyzing stored data.

In the end, both UPSTREAM and PRISM may be only the tips of a much larger system. Another new document released by Snowden says that on New Year’s Eve, 2012, SHELLTRUMPET, a metadata program targeting international communications, had just “processed its One Trillionth metadata record.” Started five years ago, it noted that half of that trillion was added in 2012. It also noted that two more new programs, MOONLIGHTPATH and SPINNERET, “are planned to be added by September 2013.”

One man who was prescient enough to see what was coming was Senator Frank Church, the first outsider to peer into the dark recesses of the NSA. In 1975, when the NSA posed merely a fraction of the threat to privacy it poses today with UPSTREAM, PRISM, and thousands of other collection and data-mining programs, Church issued a stark warning:

That capability at any time could be turned around on the American people and no American would have any privacy left, such [is] the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology…. I don’t want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.

Church sounds as if he had absorbed the lessons of 1984. From the recent evidence, they are still to be learned.

—July 12, 2013

“Bradley Manning Has Become a Martyr”–WikiLeaks’ Publisher Julian Assange On Guilty Verdict

In Uncategorized on August 1, 2013 at 4:52 pm

https://i1.wp.com/www.havanatimes.org/wp-content/uploads/2013/07/julian-assange.jpgOldspeak: “The verdict is clearly an attempt to crush whistleblowers. It’s not going to crush whistleblowers. The problems that exist in the security state in the West, and a few other countries, as well,  are as bad as they have ever been, they’re rapidly accelerating. We now have a state within a state in the United States. There are more than five million people with security clearances, more than one million people with top-secret security clearances. The majority of those one million people with top-secret security clearances work for firms like Booz Allen Hamilton and so on, where they are out of the Freedom of Information Act, where they are out of the inspector general of intelligence’s eye. That is creating a new system, a new system of information apartheid, a new asymmetry of information between different groups of people. That’s relating to extensive power inequalities with the—if you like, the essence of the state, the deep state, the intelligence community, lifting off from the rest of the population, developing its own society and going its own way.

And we have a situation now where young people, like Edward Snowden, who have been exposed to the Internet, who have seen the world, who have a perspective, who have seen our work, the work of—allegedly of Bradley Manning and others, don’t like that. They do not accept that. They do not accept that the U.S. Constitution can be violated, that international human rights law norms can be conspicuously violated, that this information apartheid exists. That system cannot continue. We even saw Michael Hayden acknowledge that in an interview in Australia recently, that in order to function, the National Security Agency, the CIA, and so on, has to recruit people between the ages of 20 and 30. Those people, if they’re technical and they’re exposed to the Internet, they have a certain view about what is just. And they find that they’re—in their jobs, the agencies that they work for do not behave in a legal, ethical or moral manner. So the writing is on the wall for these agencies.” -Jullian Assange

“The writing is indeed on the wall for the gargantuan surveillance state and its controllers. It’s simple physics really. There are infinitely more people who want the internet open and free, than those who want it closed, sureveiled and exclusively used for profit and control. The people who want to control it have to hire people who want it open and free to work at their surveillance agencies.  It’s only a matter of time before the people who want it open and free, outnumber the people who want it closed and controlled at these agencies.  Thomas Drake, William Binney, John Kiriakou, Sibel Edmonds, Bradley Manning, Julian Assange, Edward Snowden, Glenn Grunwald, Laura Poitras, are just the latest in a long line brave souls who’ve defiantly declared “we don’t need no thought control.…” Exposing the truth, lies, corruption, waste, fraud, abuse, unconstitutionality, murder, torture, violence, intimidation, censorship, that our government engages in in our name, with our tax dollars (granted significantly less so, increasingly funded by the corporatocracy). Knowing all we know we can no longer act surprised and appalled when some dude that just saw his family killed in a drone strike tries to blow up times square. Or when two disillusioned kids who’d previously attended CIA workshops, blow up a pressure cooker at the Boston Marathon. Meanwhile our selected officials vote to continue funding our nations extra-legal attrocities. Our government is making us less safe, with its secret panopticon equipped war machine. But it is as Mr. Assange said the writing is on the wall.  The apparatus is too large to hide from view now. The time of soma induced control is coming to an end.  .” -OSJ

By Amy Goodman &  Nermeen Shaikh @ Democracy Now:

The sentencing hearing for Army whistleblower Bradley Manning begins today following his acquittal on the most serious charge he faced, aiding the enemy, but conviction on 20 other counts. On Tuesday, Manning was found guilty of violating the Espionage Act and other charges for leaking hundreds of thousands of government documents to WikiLeaks. In beating the “aiding the enemy” charge, Manning avoids an automatic life sentence, but he still faces a maximum of 136 years in prison on the remaining counts. In his first U.S. television interview since the verdict, WikiLeaks founder Julian Assange discusses the Manning “show trial,” the plight of National Security Agency whistleblower Edward Snowden, and the verdict’s impact on WikiLeaks. “Bradley Manning is now a martyr,” Assange says. “He didn’t choose to be a martyr. I don’t think it’s a proper way for activists to behave to choose to be martyrs, but these young men — allegedly in the case of Bradley Manning and clearly in the case of Edward Snowden — have risked their freedom, risked their lives, for all of us. That makes them heroes.” According to numerous press reports, the conviction of Manning makes it increasingly likely that the U.S. will prosecute Assange as a co-conspirator. During the trial, military prosecutors portrayed Assange as an “information anarchist” who encouraged Manning to leak hundreds of thousands of classified military and diplomatic documents.

NERMEEN SHAIKH: The sentencing hearing for jailed Army Private Bradley Manning begins today, one day after he was convicted of six counts of violating the Espionage Act and over a dozen other charges for giving WikiLeaks hundreds of thousands of U.S. diplomatic cables, raw intelligence reports and videos from the Iraqi and Afghan battlefields and elsewhere. Military judge Colonel Denise Lind found Manning not guilty on the most serious charge of aiding the enemy, which carried a potential life sentence without parole. Reporters who were in the courtroom say Manning showed no emotion as he stood to hear Judge Lind read the verdict. The sentencing phase of his trial is expected to last at least a week with more than 20 witnesses set to appear. The 25-year-old Manning faces a maximum of 136 years in prison.

AMY GOODMAN: In a statement to The Guardian, Manning’s family expressed thanks to his civilian lawyer, David Coombs, who worked on the case, which has now lasted three years. An unnamed aunt of Manning said, quote, “While we’re obviously disappointed in today’s verdicts, we’re happy that Judge Lind agreed with us that Brad never intended to help America’s enemies in any way. Brad loves his country and was proud to wear its uniform,” she wrote.

Ben Wizner, director of the ACLU’s Speech, Privacy & Technology Project, responded to the verdict Tuesday saying, quote, “It seems clear that the government was seeking to intimidate anyone who might consider revealing valuable information in the future.”

Meanwhile, House Intelligence Committee Chair Mike Rogers and Democratic Ranking Member Dutch Ruppersberger issued a joint statement that, quote, “justice has been served,” adding, “There is still much work to be done to reduce the ability of criminals like Bradley Manning and Edward Snowden to harm our national security.”

Well, today we spend the hour on the Manning verdict and its implications. We begin with Julian Assange, founder and editor-in-chief of WikiLeaks, which published the secret cables obtained by Bradley Manning. According to numerous press reports, the conviction of Manning makes it increasingly likely that the United States will prosecute Assange as a co-conspirator. During the trial, military prosecutors portrayed Assange as an information anarchist who encouraged Manning to leak hundreds of thousands of classified military and diplomatic documents.

Julian Assange joins us via Democracy Now! video stream from the Ecuadorean embassy in London. He took refugee in the embassy in June of 2012 to avoid extradition to Sweden, where he’s wanted for questioning around sex assault allegations but has never been charged. He remains in the embassy there because the British government promises to arrest him if he steps foot on British soil. This is his first interview with a U.S. TV show since the Manning verdict.

We welcome you back to Democracy Now!, Julian Assange. What is your response to the verdict?

JULIAN ASSANGE: Thank you, Amy. First of all, I must correct you. I have been given political asylum in this embassy in relationship to the case that is in progress in the United States. It’s a common media myth that’s put about that my asylum here is in relation to Sweden. It is not. Here I am.

My reaction to the verdict yesterday, well, first of all, really one of surprise in relation to the timing. This is a case that has been going for three years, two months at trial, over 18 months of interlocutory motions, at least 40,000 pages of judgments and evidence that the judge was required to read. But she has made her decision on 21 separate counts over the weekend. We said at the very beginning of this process that this was a show trial. This is not a trial where any justice can come about, because the framing of what was possible to debate was set from the very beginning. It was not possible for Bradley Manning’s team to say that he was well-intentioned. Motive was taken out of the case. The prosecution has not alleged that a single person came to harm as a result of Bradley Manning’s alleged actions, not a single person. And, in fact, no evidence was presented that anyone was indeed harmed. The defense is not allowed to argue that that means that these charges should be thrown out.

And so what we are left with here is 20 convictions for Bradley Manning. Five of those are for espionage. This is a case where everyone agrees that Bradley Manning provided the media information about war crimes and politics, some of which was published by the media. There is no allegation that he worked with a foreign power, that he accepted any personal benefit for the disclosures that he engaged in. And yet, we see him being convicted for five charges of espionage. It is completely absurd. It cannot possibly be the case that a journalistic source, who is not communicating with a foreign power, who is simply working for the American public, can be convicted of five counts of espionage. That is a abuse, not merely of Bradley Manning’s human rights, but it is an abuse of language, it’s abuse of the U.S. Constitution, which says very clearly the Congress will make no law abridging the freedom of the press or of the right to speech. That’s clearly been subjugated here.

NERMEEN SHAIKH: Julian Assange, you said yesterday that the aiding the enemy charge for which Bradley Manning was acquitted was absurd, and it was put forward, quote, “as a red herring,” you said. Could you explain what you mean by that?

JULIAN ASSANGE: Well, you will have seen the way WikiLeaks has made its statements today. We have Bradley Manning, right now, despite having been acquitted of effectively being a traitor, aiding the enemy—he was acquitted of that—but he faces 136 years in prison, which is more than a life sentence. So, this aiding the enemy charge, while it has attracted a lot of people’s attention, because it has a possible life sentence or death penalty, really, it was just part of the extent of overcharging in this case. You know, at the very minimum, perhaps Bradley Manning could have been charged, say, with mishandling classified information. Of course, I think he should be acquitted of such a charge, because under the First Amendment and a number of other obligations we all have, he should be free to break one obligation to fulfill another: the higher obligations of exposing crimes and satisfying the Constitution. But where we have a aiding the enemy charge soaking up our public attention and many people going, “Oh, well, look, the justice system is just, because it’s taken this one out,” actually, this is one charge out of 21 different offenses. He’s still up for 136 years. The substantive aspect that a alleged journalistic source, pure in their motives, as far as there are any allegations for, and who received no financial payment, has been now convicted of five counts of espionage, that is absurd.

AMY GOODMAN: We have to break, but we’re going to come back to this discussion. We’re speaking to Julian Assange, our exclusive interview with him inside the Ecuadorean embassy. He’s been granted political asylum by the country of Ecuador but can’t leave the embassy for fear of the British government arresting him. Julian Assange is the founder and editor-in-chief of WikiLeaks. We’ll continue with him in a moment.

[break]

AMY GOODMAN: This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman, with Nermeen Shaikh. This is the broadcast on the day after the Bradley Manning verdict was announced, that he was acquitted of aiding the enemy but found guilty on a number of espionage-related and other charges. He faces 136 years in prison. The sentencing phase of the trial begins today 9:30 Eastern time at Fort Meade, where the court-martial has taken place. Just after the Bradley Manning verdict was announced Tuesday, Associated Press reporter Matt Lee asked State Department spokesperson Jen Psaki to comment on the verdict. Let’s go to a clip of their exchange.

MATTHEW LEE: What is the State Department’s reaction to the verdict in the Manning trial?

JEN PSAKI: Well, Matt, we have seen the verdict, which I know just came out right before I stepped out here. I would—beyond that, I would refer you to the Department of Defense.

MATTHEW LEE: Well, for the—

JEN PSAKI: No further comment from here.

MATTHEW LEE: For the entire trial, this building had said that it wouldn’t comment because it was pending, it was a pending case. And now that it’s over, you say you’re still not going to comment?

JEN PSAKI: That’s correct. I would refer you to the Department of Defense.

MATTHEW LEE: Can I—OK, can I just ask why?

JEN PSAKI: Because the Department of Defense has been the point agency through this process.

MATTHEW LEE: Well, these were State Department cables, exactly. They were your property.

UNIDENTIFIED: State Department employees were [inaudible].

JEN PSAKI: We don’t—we just don’t have any further comment. I know the verdict just came out. I don’t have anything more for you at the time.

MATTHEW LEE: Well, does that mean—are you working on a comment?

JEN PSAKI: I don’t—

MATTHEW LEE: Are you gratified that this theft of your material was—

JEN PSAKI: I don’t expect so, Matt, but if we have anything more to say, I promise everybody in this room and then some will have it.

MATTHEW LEE: OK. I’m a little bit surprised that you don’t have any comment, considering the amount of energy and time this building expended on assisting the prosecution.

AMY GOODMAN: That’s Associated Press reporter Matt Lee questioning State Department spokesperson Jen Psaki right after the verdict came down. Our interview continues with Julian Assange, founder and editor-in-chief of WikiLeaks. Your response to the government’s, U.S. government’s, lack of response and what this means also, Julian, in your own case?

JULIAN ASSANGE: It’s quite interesting to see the State Department doing that. The State Department has made many comments about this affair over the past three years, saying—Secretary Clinton, for example, saying that this was—once again, an absurd piece of rhetoric—an attack on the entire international community by our publishing organization and, I assume, by proxy, by our source, she would say.

Well, look, this investigation against our organization is the largest investigation and prosecution against a publisher in United States history and, arguably, anywhere in—anywhere in the world. It involves over a dozen different government departments. The tender for the DOJ to manage the documents related to the prosecution—the broader prosecution against WikiLeaks and myself, and not just the Manning case—is $1 [million] to $2 million per year just to maintain the computer system that manages the prosecution’s documents. So I assume those sort of statements by the State Department are a mechanism to reduce the perception of their involvement, which has been extensive over the last three years.

NERMEEN SHAIKH: I want to turn to comments made by Trevor Timm, who’s the executive director of the Freedom of the Press Foundation, regarding your likely prosecutions or the consequences of Manning’s verdict for you. He said—although he agreed that the verdict brings the government closer to prosecuting you, he said, quote, “Charging a publisher of information under the Espionage Act would be completely unprecedented and put every decent national security reporter in America at risk of jail, because they also regularly publish national security information.” Julian Assange, your response?

JULIAN ASSANGE: Yeah, I agree. We’ve been saying this for three years now. It’s nice to see, finally, that in the past three months or so the mainstream press in the United States, at least McClatchy and The New York TimesWashington Post has been a bit more problematic—have woken up to the reality of what this case means for all national security reporters and, even more broadly, for publishers.

You know, the approach here has been to smash the insider and the outsider, as it was only one name on the table for an insider, and that was Bradley Manning; it was only one organization as the publisher, the outside force, that’s WikiLeaks, and most prominently represented by me. So in order to regain a sense of authority, the United States government has tried to, rather conspicuously, smash Bradley Manning and also the WikiLeaks organization. At least for WikiLeaks, the organization, it has not succeeded. It will not succeed. It is bringing great discredit on itself. Its desire for authority or perception of authority is such that it is willing to be seen as an immoral actor that breaches the rule of law, that breaches its own laws, that engages in torture against its youngest and brightest. In the case of Bradley Manning, the U.N. formally found against the United States, special rapporteur formally finding that the United States government had engaged in cruel and abusive treatment—cruel and inhumane treatment of Bradley Manning.

AMY GOODMAN: Julian Assange, I also want to ask you about BSA whistleblower Edward Snowden, who remains, as you know, at the Moscow airport, who you’re deeply involved with helping to try to find a place of asylum. In a letter sent last week to the Russian minister of justice, the U.S. attorney general, Eric Holder, assured Russia that Snowden will not be executed or tortured if he’s sent back to the United States. Holder wrote, quote, “Mr. Snowden will not be tortured. Torture is unlawful in the United States.” He went on to say, “If he returns to the United States, Mr. Snowden would promptly be brought before a civilian court convened under Article III of the United States Constitution and supervised by a United States District Judge.” Holder also added, quote, “We believe [that] these assurances eliminate these asserted grounds for Mr. Snowden’s claim that he should be treated as a refugee or granted asylum, temporary or otherwise.” Can you tell us what you understand to be the latest situation for Snowden and what your involvement with Edward Snowden is, why he is so significant to you, what his actions have been?

JULIAN ASSANGE: Edward Snowden’s freedom is a very important symbol. Bradley Manning’s incarceration is also an important symbol. Bradley Manning is now a martyr. He didn’t choose to be a martyr. I don’t think it’s a proper way for activists to behave, to choose to be martyrs. But these young men—allegedly in the case of Bradley Manning and clearly in the case of Edward Snowden—have risked their freedom, risked their lives for all of us. That makes them heroes. Now, Bradley Manning has been put into a position, quite unjustly, where he is facing 136 years. That brings disrepute upon the United States government and upon its system of justice. Edward Snowden has seen what has happened to Bradley Manning. The Ecuadorean government, in their asylum assessment of me, looked at what happened to Bradley Manning.

U.S. guarantees about torture mean nothing. We all know that the United States government simply redefines its torturous and abusive treatment of prisoners—stress positions, restriction on diet, extreme heat, extreme cold, deprivation of basic things needed for living like glasses or the company of others—it simply redefines that as not being torture. So, its word is worth nothing, in this particular case. In relation to the death penalty, guarantees about the death penalty have more credence, but we wouldn’t want Edward Snowden to be in a Jack Ruby-type situation. That’s quite a possibility for him, that if he ended up in the United States prison system, that given the level of vitriol that exists against him by the administration, that he would not be safe from police, he would not be safe from prison guards, and he would not be safe from other prisoners. There’s no question that he would not—there’s no question that he would not receive a fair trial.

Similarly, the charges against him are political. There’s only allegations on the table at the moment that he acted for a political purpose: to educate all of us. Those are the only allegations that exist. It is incorrect that extraditions should take place for a political purpose. He’s clearly been exercising his political opinion. But we have seen amazing statements by the White House in relation to Edward Snowden’s meeting with Human Rights Watch, based in New York, Amnesty International, based in London, that that should not have happened, that that was a propaganda platform for Edward Snowden. I mean, this is incredible to see Jay Carney, a White House spokesperson, denouncing Edward Snowden for speaking to human rights groups. Edward Snowden cannot possibly receive a fair judicial process in the United States. Under that basis, he has applied for asylum in a number of different countries. I believe that Russia will afford him asylum in this case, or at least on a temporary or interim basis. And a number of other countries have offered him asylum.

AMY GOODMAN: Julian, what—Julian, what is the problem? Last week, there was breaking news that the Russian—that Russia had granted him temporary asylum, but now it is said that he has never been given those papers, so he can’t leave the—what, the airport lounge.

JULIAN ASSANGE: This is just the media. This is a case where there’s a lot of demand for information, so people just invent it, or they amplify some particular rumor.

NERMEEN SHAIKH: Julian Assange, very quickly, before we conclude, the U.S. government now classifies 92 million documents a year—this is an unprecedented number—with over four million people cleared for security clearance. Can you explain what you think the significance of this is and has been for whistleblowers, and what the Manning verdict says to future potential whistleblowers?

JULIAN ASSANGE: Well, the verdict is clearly an attempt to crush whistleblowers. It’s not going to crush whistleblowers. The problems that exist in the security state in the West, and a few other countries, as well, as bad as they have ever been, they’re rapidly accelerating. We now have a state within a state in the United States. There are more than five million people with security clearances, more than one million people with top-secret security clearances. The majority of those one million people with top-secret security clearances work for firms like Booz Allen Hamilton and so on, where they are out of the Freedom of Information Act, where they are out of the inspector general of intelligence’s eye. That is creating a new system, a new system of information apartheid, a new asymmetry of information between different groups of people. That’s relating to extensive power inequalities with the—if you like, the essence of the state, the deep state, the intelligence community, lifting off from the rest of the population, developing its own society and going its own way.

And we have a situation now where young people, like Edward Snowden, who have been exposed to the Internet, who have seen the world, who have a perspective, who have seen our work, the work of—allegedly of Bradley Manning and others, don’t like that. They do not accept that. They do not accept that the U.S. Constitution can be violated, that international human rights law norms can be conspicuously violated, that this information apartheid exists. That system cannot continue. We even saw Michael Hayden acknowledge that in an interview in Australia recently, that in order to function, the National Security Agency, the CIA, and so on, has to recruit people between the ages of 20 and 30. Those people, if they’re technical and they’re exposed to the Internet, they have a certain view about what is just. And they find that they’re—in their jobs, the agencies that they work for do not behave in a legal, ethical or moral manner. So the writing is on the wall for these agencies.

AMY GOODMAN: Julian, I know you have to go, but I want to quickly ask one more time: What does the verdict in the Bradley Manning case—faces 136 years in prison—mean for you? Your name and WikiLeaks came up repeatedly throughout the trial. We know of a grand jury investigation of you and WikiLeaks in Virginia. Do you in fact know that there is a sealed indictment for you? And what does this mean for your time at the Ecuadorean embassy and your chance of getting out?

JULIAN ASSANGE: Based on conversations with the DOJ between my U.S. lawyers and the DOJ spokespersons, we know a lot. We know that Neil MacBride, the Virginia DA, has the grand jury process. My U.S. lawyers believe that it is more probable than not that there is a sealed indictment. It’s the only explanation for the DA behavior. The DOJ has admitted that the investigation against me and WikiLeaks proceeds.

In relation to the Manning verdict, we will continue to fight that. We have a lot of people now in his coalition. Bradley Manning’s support team has been great. The Center for Constitutional Rights also have been excellent, Michael Ratner, who’s been on your own program. That team understands what is going on; has been deployed, to a degree, to defend Mr. Snowden in public; and presumably, when the time comes, will also defend us. I am completely confident that the U.S. will not succeed in extraditing me, because I have asylum at this embassy. In relation to the broader attack on the rest of our staff, that’s still very much in the fight, but we’re not going to go down easy.

AMY GOODMAN: We just have this breaking news, which says that the Obama administration will make public a previously classified order that directed Verizon Communications to turn over a vast number of Americans’ phone records, according to senior U.S. officials. The formerly secret order will be unveiled before a Senate Judiciary Committee hearing that’s scheduled to begin in 20 minutes from our broadcast time right now. The order was issued by the Foreign Intelligence Surveillance Court to a subsidiary of Verizon in April. Your response to that, finally, Julian? And then we’ll let you go.

JULIAN ASSANGE: Well, Edward Snowden already made the order public, so, I mean, this is absurd. This is like our release of Guantánamo Bay documents and other documents. These have already been made public, and now the administration is going to apparently wave some magical pixie dust to remove the contaminant of it being formerly classified by the administration. So, I mean, here we have an example that there’s actually no disclosure before the public, until there is unauthorized disclosure before the public. If I’m incorrect, and this is not the document that Snowden has already revealed—

AMY GOODMAN: It is. It is the document.

JULIAN ASSANGE: Yeah, so, I mean, it’s—there’s some magical-like process going on here where there’s holy documents and unholy documents. Holy documents are documents that this classification state within a state, five million people with security clearances, have somehow done something, to sprinkle some absurd holy water on. These are just pieces of paper with bits of information on them and bureaucrats putting a stamp on them. That’s the reality. We’ve got to remove this religious national security extremism. It is a new religion in the United States and in some other countries. It’s absurd. It’s ridiculous. It needs to go.

AMY GOODMAN: Julian Assange, we want to thank you for being with us, founder and editor-in-chief of WikiLeaks, granted political asylum by Ecuador last year and sought refuge over a year ago at the Ecuadorean embassy in London.