Tag Archives: PRISM

Bavarian elections provides Merkel, CSU a dress rehearsal for federal German vote

seehofer Exactly one week before Germans go to the polls to choose between center-right chancellor Angela Merkel and her center-left challenger Peer Steinbrück, Bavarian voters will elect its local state government in a key test for Merkel’s regional allies.Germany Flag Iconbavarian_flag_icon

The outcome isn’t incredibly doubtful because since 1947, Bavaria’s staunchly Catholic, business-friendly, socially conservative Christlich-Soziale Union in Bayern (CSU, the Christian Social Union) has controlled the 187-seat Landtag, the state legislature of Germany’s second-most populous state.

Given that the state has one of Germany’s — and Europe’s — best economies, the CSU looks set to strengthen its hold on Bavarian government in what amounts to a test run of many of the arguments that Merkel hopes will power her Christlich Demokratische Union Deutschlands (CDU, Christian Democratic Party) to victory on September 22 alongside the CSU, which has been united with the CDU in federal politics for decades.  Merkel, who currently governs in an alliance with the liberal Freie Demokratische Partei (FDP, Free Democratic Party), hopes that voters will give her credit for steering Germany — and the entire eurozone — through the worst of a sovereign debt crisis that began in 2010 and an economic recession from which Europe may already be recovering.

But the CSU and Bavaria’s minister president Horst Seehofer (pictured above) can make an even more sanguine case on the basis of the Bavarian economy, which showcases several star multinational corporations, such as BMW, Siemens, and adidas.  Whereas the European Union had an average unemployment rate of 10.4% in 2012 and Germany had an unemployment rate of 5.5%, Bavaria’s was just 3.2%.  To consider just how staggering that is, consider that United States last had an unemployment rate that low in October 1953. It’s an economy that, at around  €465 billion ($610 billion), is about as large as the economy of the US state of Pennsylvania and even larger than the entire economy of Saudi Arabia, and nearly 1.5 times the size of the economy of neighboring Austria.

If the CSU is successful on September 15, it will mark a rebound from the previous September 2008 election, the CSU’s worst performance since 1954.  Five years ago, Bavarian voters went to the polls in the middle of an uncertain future, with the collapse of US financial firm Lehman Brothers and a global financial panic topping world headlines.  It was also a period of uncertain leadership within the CSU, Bavarian minister-president Edmund Stoiber resigned after 14 years in office following the resignation of his chief of staff, Michael Höhenberger, which itself followed accusations that Höhenberger snooped on the private life of one of Stoiber’s critics.  Günther Beckstein, Stoiber’s longtime interior minister, succeeded Stoiber and led the CSU through the 2008 election, but stepped down following the CSU’s historic loss.

Even though the CSU won just 43.4% of the vote (a drop of over 17% from its prior performance) and lost its absolute majority in the Landtag, it remained the largest party in Bavaria by far, outpacing the second-place Sozialdemokratische Partei Deutschlands (SPD, Social Democratic Party) by nearly 25% of the vote and Seehofer, a former health and food minister, easily won election as Bavaria’s minister-president in October 2008.

As the CSU and the SPD both suffered historic losses, two additional groups on the Bavarian right made extraordinary gains.  The first is the Freie Wähler (FW, Free Voters), a bloc of independent, unaffiliated center-right deputies, which won 10% of the vote, largely from disappointed CSU supporters, and entered the Bavarian Landtag for the first time.  The second is the FDP, which won 8% and 16 seats, returning to the Bavarian legislature for the first time in 14 years and providing the CSU with a stable coalition partner in Munich.  Even the socialist Die Linke (The Left) competed for the first time and won 4.3%, impressive in a state as conservative as Bavariabavaria Five years later, although polling data isn’t as ubiquitous for Bavaria’s state election as for the wider federal German elections, the CSU is polling higher than in 2008, and it may win over 50% of the vote, restoring the absolute majority that it enjoyed in the Landtag without interruption from 1962 to 2008. That’s good news for Seehofer, because the FDP is faring as poorly in Bavaria as it is in federal polling — the Free Democrats are in danger of missing the 5% threshold required to win seats in the Bavarian Landtag (and in the federal Bundestag as well).  Meanwhile, the Social Democrats are in danger of setting a new postwar low in Bavaria on September 15 and in federal elections a week later — it’s polling at around 18% in Bavaria, which is even worse than its 2008 result (18.6%).  Continue reading Bavarian elections provides Merkel, CSU a dress rehearsal for federal German vote

Would a Miliband-led Labour government be an improvement on British civil liberties?

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The troubling case of David Miranda, the partner of Guardian reporter Glenn Greenwald, who was detained by British police at Heathrow yesterday for nine hours under schedule 7 of the U.K. Terrorism Act, is now a full-blown fully international incident. United Kingdom Flag Icon

The case has implications not only for U.S. politics (Greenwald has been the chief source for the leaks about the U.S. National Security Agency’s Internet intelligence-gathering programs) and even Brazilian politics (Greenwald lives in Brazil with Miranda, a Brazilian native), but for British politics as well, where the issue of civil liberties has been contentious for the past decade and a half under both the Labour governments of Tony Blair and Gordon Brown and the Conservative-led government of current prime minister David Cameron.

Political strategist Ian Bremmer is already suggesting that the United States and/or the United Kingdom may be preparing an indictment against Greenwald (presumably under the U.S. Espionage Act), which would explain why Miranda’s laptop computer and other personal effects were confiscated in London.  We already know that the United States, by the admission of White House deputy press secretary Josh Earnest was given a heads-up by London prior to Miranda’s detention, though Earnest has denied that the United States requested or collaborated with the detention.  It’s equally plausible that overeager police officials in London jumped at an opportunity to gather information they thought top U.S. and U.K. officials would appreciate — if the United States and the United Kingdom really are pursuing an international case against Greenwald, you’d think they would be careful not to commit what seems like a prima facie violation of the U.K. Terrorism Act.

With both Scotland Yard and Cameron saying little about the incident, and with U.S. officials remaining relatively mum, most of today’s discussion has been dominated by vehement critics of the detention on both sides of the Atlantic.

One of the most striking has come from Labour Party’s shadow home secretary, Yvette Cooper, a rising Labour star who may herself one day lead the party, who has called for an investigation into whether the detention was appropriate under the Terrorism Act:

Schedule 7, which applies only at airports, ports and border areas, controversially allows officers to stop, search, question and detain individuals. Miranda was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual.

According to official figures, most examinations under schedule 7 – over 97% – last less than an hour, and only one in 2,000 people detained are kept for more than six hours. It has been widely criticised for giving police broad powers under the guise of anti-terror legislation to stop and search individuals without prior authorisation or reasonable suspicion – setting it apart from other police powers.

As we approach the annual convention period in British politics, pressure on Labour leader Ed Miliband is growing to draw a deeper contrast with the current coalition government on many issues, including civil liberties.  Soon after his election as Labour leader in September 2010, Miliband criticized his party’s overreach on civil liberties, identifying in particular the Blair government’s plan to hold suspects for 90 days without trial and the broad use of anti-terrorism laws.  At the time, Miliband argued that he wanted to lead Labour to reclaim the British tradition of liberty, though Miliband also indicated at the time he supported Blair’s widespread introduction of what are now over 4 million closed-circuit television surveillance cameras throughout the country.

As the parties begin to jostle for position for an election that’s now just 21 months away, Cameron certainly won’t be able to run for reelection on as vigorous a pro-liberty position as he did in 2010, though his junior coalition partners, the Liberal Democrats, can point to their success in repealing Labour’s plan to introduce national ID cards and scrapping the Tories’ proposed communications data bill this year.

That leaves a key opening for Miliband to champion civil liberties, but given the durability of the British surveillance state and Labour’s role in creating the legal framework last decade for the British surveillance state, it is unclear whether Miliband will do so, though Cooper delivered a high-profile speech in July arguing for more oversight and protections in relation to the U.K. intelligence and security services.  It’s likelier, however, that a future Labour government will pursue many of the same pro-security policies that each of the Blair, Brown and Cameron governments have pursued.

British voters will certainly remember the truly dismal record of the past Labour government under Blair and Brown on liberty (whether the efforts made the United Kingdom more secure is another question) — the list of curbs on personal freedom is long, and it includes not only the push for CCTV cameras: Continue reading Would a Miliband-led Labour government be an improvement on British civil liberties?

Chris Christie, Rand Paul and the coming Republican fight over U.S. foreign policy

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I argue this morning in The National Interest that the recent spat between New Jersey governor Chris Christie and U.S. senator Rand Paul from Kentucky over foreign policy is a lot more complex than the ‘pro-security hawk’ versus ‘libertarian isolationist’ paradigm.USflag

Rather, the coming fight over foreign policy in the Republican Party as we approach the 2014 midterm elections and the pre-primary phase of the 2016 election will take place on three planes:

  • the familiar security/liberty fight over PRISM, whistleblowers, homeland security and other civil liberties matters;
  • unilateralists (in the mould of former U.S. ambassador to the United Nations, John Bolton) versus multilateralists like former World Bank president Robert Zoelick; and
  • the traditional IR theory fight between realists (who are often in line with Paul and other libertarians) and liberals (including hawkish neoconservatives as well as liberal interventionists).

While they may be on opposite sides of the liberty/security spectrum, we don’t know where any of the 2016 hopefuls may ultimately land, including Christie himself, to say nothing of U.S. senators Ted Cruz of Texas or Marco Rubio of Florida or U.S. congressman Paul Ryan:

We still don’t know where Christie’s ultimate views on international-relations theory lie because that’s not exactly one of the key concerns of a U.S. state governor. But given that the battle for the future of Republican foreign policy is actually three interconnected fights, it could well be that, despite their other disagreements, he and Paul find common cause against more aggressive neoconservative voices.

The bottom line is that we likely know where the Democrats will fall on all of these fights, especially if their nominee is former U.S. secretary of state Hillary Clinton.  That makes the Republican Party an interesting laboratory these days for new ideas and original thinking in American foreign policy.

How Peer Steinbrück became the Bob Dole of German politics

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Peer Steinbrück is not going to be Germany’s next chancellor.Germany Flag Icon

Steinbrück’s standing in opinion polls has worsened since it became clear he would become the chancellor candidate of the center-left Sozialdemokratische Partei Deutschlands (SPD, the Social Democratic Party) — the more that Germans get to know Steinbrück (pictured above), the more they dislike him, no matter how many Bavarian mountains he climbs between now and September 22.

It doesn’t necessarily mean that chancellor Angela Merkel is assured of reelection, because while her own Christlich Demokratische Union (Christian Democratic Union), together with the Bavarian Christlich-Soziale Union in Bayern (CSU, the Christian Social Union), leads the SPD in polls, it’s uncertain whether its smaller coalition partner, the Freie Demokratische Partei (FDP, Free Democrats), will win enough support to meet the 5% threshold to win seats in the Bundestag, the German parliament, though the FDP has ticked ever so slightly upwards in polls in the past couple of months.

Polls have been consistently remarkable since before 2013 began, and they make for grim reading if you’re an SPD supporter.  Here’s the state of things with about six weeks to go until voting:

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That wouldn’t just mean a loss, it would mean a Bob Dole-style loss —  think back to the 1996 presidential election when Democratic incumbent Bill Clinton, who seemed so vulnerable after the 1994 midterm elections brought a Republican sweep of Congress, sailed to reelection against Dole.  Clinton aides disparagingly joked after the fact that it was like virtually running for reelection unopposed.  Dole won just 40.7% of the popular vote to 49.2% for Clinton — a landslide the likes of which hasn’t been seen in the United States since.

To put into perspective the kind of loss that Steinbrück and the SPD is facing, it’s important to remember what happened in the previous 2009 election, which at the time was the SPD’s worst postwar election result.  Under Frank-Walter Steinmeier, who had served as foreign minister and deputy chancellor in the Merkel-led ‘grand coalition,’ the SPD won just 146 seats in the Bundestag (a drop of 76 seats) with just 23% of the party vote and 28% of the constituency vote.  (Half of the 598 Bundestag seats are determined in first-past-the-post single-member constituencies, the other half are determined on the basis of proportional representation on the basis of statewide party lists).

But if Steinmeier’s 2009 performance was a tragedy, Steinbrück’s 2013 performance is turning out to be a farce.  It’s amazing to believe that Steinbrück is in danger of leading the SPD to an even poorer result that Steinmeier’s in 2009, especially with the Greens set to improve on their 2009 performance.  Continue reading How Peer Steinbrück became the Bob Dole of German politics

Much Ado about Nothing? The non-politics of privacy in Germany

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Guest post by Mark Dawson and Jacob Krumrey

With German chancellors Angela Merkel’s personal approval rating at 62% and her CDU/CSU leading over the opposition SPD by around 15%, the result of Germany’s upcoming general election seems to be all but a foregone conclusion.  In the midst of a flaccid campaign, the U.S. National Security Agency whistleblower Edward Snowden has now not only revealed that Germany is one of the principal targets of the NSA’s internet surveillance operations (‘Prism’) but also accused the German intelligence services, the Bundesnachrichtendienst (BND), of collusion with the NSA – of being ‘in bed’ together.  These revelations could potentially stir up an otherwise all too quiet campaign.Germany Flag Icon

The opposition SPD (Sozialdemokratische Partei Deutschlands, Social Democratic Party) are sensing an opportunity to attack Merkel’s integrity and competence, her main assets in the campaign.  In a thundering editorial in Germany’s leading tabloid newspaper, Bild, last week, their parliamentary leader, Frank-Walter Steinmeier, demanded answers on the steps Merkel had taken to protect German interests.  The chancellor now seems to be facing a dilemma: either she was aware of the extent of data-sharing between the NSA and BND, and therefore lays accused of obfuscation, or was not aware at all – and therefore less competent than her public image suggests.  At the very least, the opposition hope to cast Merkel as an unprincipled populist: cozying up to the United States when spying on internet users in Germany and sharing intelligence beneficial to German security, while chastising the very same practice when it is found to be in breach of civil rights.

Merkel’s CDU (Christlich Demokratische Union Deutschlands, Christian Democratic Party) / CSU (Christlich-Soziale Union in Bayern, the Bavarian Christian Social Union) government, meanwhile, are trying to counter the allegations by adopting an assertive posture: Interior Minister Friedrich has travelled to Washington, D.C., to demand answers from the US government.  Merkel herself, in a packed press conference on Friday, insisted that, in Germany, German law has to apply unconditionally.  At the same time, however, Merkel was forced into delaying tactics.  The German weekly Der Spiegel had just published fresh allegations about the extent of collusion between German and American authorities: she would answer questions but only after having received further information from the Americans.

It is too early to gauge definitively the impact of these allegations on the election campaign.  So far, however, the SPD have not been able to turn the tide in their favour. The latest ZDF opinion polls show that even though the CDU/CSU have suffered small losses, the SPD remain at a dismal 29%.   Only the FDP, traditionally strong on civil rights, have gained: perhaps even enough to clear the five-per cent threshold necessary to allow them to stay in parliament. Ironically, the ‘spy scandal’ – through a reinvigorated FDP – could re-open the prospect of the current CDU/FDP coalition staying in power.

What could explain this paradox?  To begin with, the SPD face a credibility problem of their own.  As the government have been quick to point out, cooperation between U.S. and German authorities on intelligence is long-standing.  Steinmeier himself was responsible for Germany’s intelligence services during the previous ‘grand coalition’ government, during which many of the programmes now being investigated were launched.  When it comes to privacy, moreover, German votes usually credit niche parties such as Die Grünen (The Greens) or the libertarian FDP (Freie Demokratische Partei, Free Democratic Party).  More important perhaps, German voters show little appetite for a polarized campaign in the first place.  Asked in a recent ZDF poll about their desired coalition, a majority of Germans said they would like to see a grand coalition of the two main contenders.

Beyond campaign politics, the larger question is about the attitude of Germans towards privacy – supposedly the source of a transatlantic conflict of values. The same ZDF poll suggested that a vast majority of Germans find the charges of collusion credible: 79% believe that Merkel’s government were aware of the NSA’s activities in Germany.  At the same time, in a different poll, only 5% argued that the issue would have a significant impact on their voting intentions. The party with the strongest stance on data protection, Die Piraten (the Pirate Party), has struggled to even register in current polling in spite of the prominence of privacy on the campaign trail. The lesson may well be that German voters care about privacy in theory but are, in practice, unwilling to make it a make-or-break issue.

Mark Dawson is a professor of European law and governance at the Hertie School of Governance in Berlin and Jacob Krumrey is a graduate of the European University Institute. 

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A version of this piece was published at the Hertie School’s blog on Germany’s upcoming September 22 elections.

Read more of Suffragio‘s coverage on Germany here.

Spying on the Europeans — PRISM repercussions as Obama heads to Europe

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Michael J. Geary and I argue in The National Interest this morning that the repercussions of reports of the PRISM program within the U.S. National Security Agency mean that U.S. president Barack Obama will face tough questions when he goes to Europe for the G8 summit in Northern Ireland and additional meetings in Berlin. USflagEuropean_Union

At a time when Europeans are already concerned about the extent of their own governments’ intrusion into their private online lives, the revelations of the voluntary cooperation of service providers like Facebook and the like in allowing U.S. surveillance of foreign communications are already being met with skepticism from top U.S. allies at a crucial and ambitious time for the Obama administration’s European agenda:

The timing of the scandal could not have come at a worse time in EU-United States relations, with both sides set to embark on negotiations for what would be a landmark free-trade compact, the Transatlantic Trade and Investment Partnership (TTIP).

Above all, German chancellor Angela Merkel is expected to seek assurances from Obama in their one-on-one meetings in Berlin.  But with Germany having this week agreed to TTIP negotiations (leaving France as the remaining obstacle), and with the eurozone crisis still not fully over, certainly the Obama-Merkel meeting should have more important business than PRISM.

Ironically, the NSA gathered more pieces of intelligence within Germany during the month of March than any other EU country.  A spokesman for Merkel, the first chancellor from the former East Germany, where memories of Stasi surveillance are still fresh, said she would raise the issue with Obama. Her justice minister Sabine Leutheusser-Schnarrenberger stressed, “the suspicion of excessive surveillance of communication is so alarming that it cannot be ignored. For that reason, openness and clarification by the US administration itself is paramount at this point. All facts must be put on the table.”

Ultimately, the Obama administration and the NSA will be less vulnerable to the wrath of European regulators than the companies participating in PRISM themselves.

But Microsoft, Google and other service providers, including Facebook, YouTube, Apple and AOL, could face even more blowback than the U.S. government or the Obama administration. Their apparently voluntary participation in U.S. government’s PRISM program could open them to European lawsuits or otherwise subject them to additional regulatory scrutiny. Significant elements of their businesses are already subject to restrictions within Europe—Google faces strict restrictions on its StreetView program and Facebook’s facial-recognition capability is banned altogether. As PRISM continues to dominate world headlines, Facebook on Wednesday opened its first servers outside of the United States in northern Sweden—its presence there, which like much of Scandinavia is a bastion of government transparency and personal freedom, will come increasingly under the thumb of EU regulators.

I argued yesterday that Sweden is unlikely to come to the rescue anytime soon with respect to Facebook and PRISM.  More likely is that the European Parliament will work to pass the new data protection directive that it’s been considering for the past two years and that would place additional restrictions on the processing of personal data, though time is quickly running short with European elections set for May 2014.

Photo above is a popular graffiti slogan in Germany, showing former interior minister (and now finance minister) Wolfgang Schäuble — critics claimed Schäuble’s focus on counterterrorism measures approached levels of civil liberties intrusion similar to the East German secret police and intelligence force, the Stasi.

Can Sweden save the European Union from the NSA spooks?

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Even as the media continues to debate leaks revealing the secret surveillance program of the U.S. National Security Agency, code-named ‘PRISM,’ one of the chief private-sector actors in the PRISM scandal opened its first non-U.S. site on Wednesday, giving one European nation a key jurisdictional hook to regulate future data privacy.USflagEuropean_UnionSweden

According to news reports from The Guardian, Facebook, has been cooperating voluntarily with the NSA’s PRISM program since summer 2009, thereby exposing the private data of both U.S. and non-U.S. citizens alike to the purview of the NSA under the authority of the U.S. PATRIOT Act passed in the aftermath of the 2001 al Qaeda terrorist attacks on New York and Washington.

But Facebook also opened a new facility to host its servers in far northern Sweden on Wednesday (in part to use the chilly Arctic weather to more efficiently cool its European servers).  Despite the awkward timing, it is Facebook’s first server hall outside of the United States, and its opening comes when European Union leaders are pushing for answers on the extent to which NSA has been permitted access to private, personal data by Facebook, Google, YouTube, Apple, AOL and other service providers and while the European Parliament is considering a new data protection directive that would enhance protection of the personal data of EU citizens.  Assuming that the European Union cannot stop U.S. government agencies, it means that European regulators could target U.S. technology companies in greater measure — after all, the EU already places restrictions on Google’s StreetView program and has already banned the European use of Facebook’s face recognition software.

So does that give Sweden a unique opportunity to ensure that the private data of EU citizens is not caught up in the NSA snare?

After all, Sweden is virtually synonymous with good government, right?

According to Transparency International, it’s among the least corrupt countries is the world.  In the middle of the 18th century, Sweden essentially invented the concept of freedom of information with the Freedom of the Press Act of 1766, and its leaders over the past two decades championed a EU-wide freedom of information regime.

But a reputation for transparency doesn’t necessarily connote a reputation for protecting privacy.  Wikileaks founder Julian Assange was so worried that Swedish authorities would extradite him to the United States that he chose to hunker down in Ecuador’s London embassy instead of allowing British authorities to transfer him to Sweden for a trial on a sexual harassment charge.  Swedes have also raised concerns with EU policymakers that the push for more robust data protection could actually harm government transparency by limiting the Swedish government’s ability to provide open access to documents.

Moreover, the current center-right coalition headed by prime minister Fredrik Reinfeldt of the Moderata samlingspartiet (Moderate Party) has introduced greater levels of Swedish surveillance.  In 2009, it narrowly passed legislation that would allow the government’s Försvarets radioanstalt (the National Defence Radio Establishment) to wiretap and access all international telephone and internet traffic, even if all  ultimate parties in the traffic are Swedish.  Though the legislation, know as the ‘FRA law’ passed only narrowly by Sweden’s parliament, the law had its genesis in the prior center-left government of the Sveriges socialdemokratiska arbetareparti (Swedish Social Democratic Workers Party).  It essentially codified into Swedish national law much of what PRISM has been purported to do within the United States.

The law caused some amount of concern, especially in neighboring Finland because all of its Internet and phone traffic at the time routed through Sweden.

Sweden’s foreign minister Karl Bildt earlier this week protested that Swedish activities under the FRA law are not similar to what’s been reported PRISM, in part on the basis that the FRA law was debated publicly and enacted by a duly elected parliament.  In that regard, Bildt’s right — it was clear just what was at stake when the Swedish parliament adopted the FRA law; in contrast, Facebook wasn’t even developed until three years after the U.S. PATRIOT Act.  In addition, Bildt expressed a healthy hint of suspicion about other ‘certain states,’ presumably including the United States:

 

Continue reading Can Sweden save the European Union from the NSA spooks?

Reframing the issue of Edward Snowden’s whistle-blowing: public vs. private

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Eleven years ago, in the wake of the Enron debacle, Congress passed protection for whistleblowers as part of a wide-ranging set of public company reforms within the Sarbanes-Oxley Act.USflag

Now consider that, instead of a former National Security Agency Central Intelligence Agency employee and, until very recently, a Booz Allen Hamilton employee, Edward Snowden (pictured above) were instead a disgruntled Facebook or Google employee, he knew about the voluntary cooperation with PRISM, and he honestly believed that Facebook and/or Google were enabling the NSA’s illegal activity.

If he (1) reasonably believed that his employer was breaking the law by cooperating with the NSA and (2) engaged in whistle-blowing activity as defined by Sarbanes-Oxley, would he have a claim under Sarbanes-Oxley for adverse employment action if Facebook or Google had fired him instead of Booz Allen?

Though the definition of whistle-blowing is relatively circumspect under Sarbanes-Oxley, let’s assume that for purposes of our example, Snowden ’caused information to be provided’ to a ‘government body conducting inquiries’ related to a ‘rule or regulation of the Securities and Exchange Commission.’  It’s a stretch, but certainly the participation of Facebook or Google in PRISM and the PRISM activities are material information to any potential investor and certainly affect shareholder value.

Would he have a Sarbanes-Oxley case against his employer for retaliating against him?*

More importantly, would John Boehner or Eric Holder or the American public generally be more sympathetic to him if the whistle-blowing came from within Facebook or Google and not from within the public sector?  Would the 1984 tropes be replaced by Atlas Shrugged tropes?

For the record, I think Snowden neither hero nor traitor, but I do immediately suspect the agenda of anyone who is certain of either.

I also think that the answer tells us much about how incredibly different U.S. politics is from world politics — that this is a relevant question is only possible in a highly individualistic culture like that of the United States, where distrust of government runs so high that one political party’s essential worldview for three decades has been ‘government is the problem.’

I don’t think re-framing the issue in these terms would make much difference in France or Brazil, let alone China, but I think it does in the United States.

* Theoretically, because Booz Allen is publicly traded, he might still have a case for retaliation, but I wanted my example here to be from the ‘private sector’ and not from the ‘public sector,’ though it’s obviously clear how blurred the line has become, even in a place like the United States, which we don’t think of the government as a large Venezuela-style actor in the private sector, and we like to talk about the ‘private sector’ and the ‘government’ as if there are bright lines between the two. (UPDATE: A commenter notes that when Snowden was revealed to have leaked the PRISM documents, the U.S. government would have revoked his clearance, which may have made him simply unable to carry out his duties under Booz Allen’s contract with the NSA, casting more doubt on why Snowden’s Sarbanes-Oxley case as a Booz Allen employee would be more farfetched.)

Remembering Medgar Evers and the fight for civil rights

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Exactly 50 years ago today — on June 12, 1963 — a young 37-year-old civil rights activist was brutally shot in the back in the driveway of his home in Jackson, Mississippi.USflag

That young activist, Medgar Evers, had spent his tragically truncated life as the field secretary for the National Association for the Advancement of Colored People (NAACP), a role in which he helped James Meredith break the segregation barrier in order to become the first black male to enroll in the University of Mississippi in 1962.

Evers today has entered the pantheon of American heroes.  His remains lie in Arlington National Cemetery near Washington, D.C.  If you fly into Jackson today, you’ll fly into Mississippi’s largest airport, which is now named in honor of Evers.  But at the time, his murderer was twice freed after a jury, comprised solely of white men, refused to convict him — he was convicted only in 1994 on the basis of new evidence.

In the 50 years since Evers death, the United States has become a much more equal place — after all, it elected its first non-white president five years ago, and it’s had two black secretaries of state.  The world of white privilege and segregation that Evers — and Rosa Parks, Martin Luther King, Jr. and other civil rights leaders of the 1960s — fought to tear down is unrecognizable today.

But that doesn’t mean the cause for civil rights is over.  Within the United States alone, black Americans remain far behind, as a group, on terms of socioeconomic gains.  Immigrants to the United States, many of whom came to this country as young children, remain in painful legal limbo.  Gay and lesbian Americans struggle not just for the right to same-sex marriage, but the right to live, work and exist without prejudice.  A U.S. prison population in excess of seven million people (though that number is starting to decline), many of who are in prison for non-violent offenses, faces innumerable challenges to even their basic safety behind bars.  The revelations of the NSA and PRISM programs show that the U.S. government continues to push forward with new surveillance tools that, though they may enhance homeland security, innumerably reduce global privacy rights.

That highlights the fact that the lines between greater civil rights in the United States and greater civil rights globally has blurred.  In many ways, the work of Medgar Evers is now a broader, globalized struggle.  U.S. activists work alongside European, Asia, Arab and African activists to challenge inequality worldwide.

  • In Mauritania and elsewhere in the Sahel, the fight continues against the continued practice of human slavery.
  • In Turkey, the crackdown this week of protesters at Taksim Square by prime minister Recep Tayyip Erdoğan have highlighted the fact that the biggest threat isn’t creeping Islamism, but the more garden-variety illiberal disregard for basic civil rights like freedom of speech and freedom of expression, and deeper abuses of power that have hollowed out Turkey’s democracy.
  • Even as western Europe enters a world of same-sex marriage equality, many pockets of the world feature significant hurdles for gay and lesbian individuals — sub-Saharan Africa continues to treat gay activists with brutality and just yesterday, Russia passed a troublingly broad anti-gay law.
  • In Iran, moderate presidential candidate Hassan Rowhani has pushed for the loosening of political and cultural censorship and greater political freedoms within the framework of Iran’s existing Islamic republic.
  • In the People’s Republic of China, residents of Hong Kong marched last week on the occasion of the anniversary of the government crackdown on Tiananmen Square in 1989.
  • The Arab Spring protests of 2011 — from Bahrain to Tunisia to Egypt — have made political participation unavoidable throughout the Arab world, even if new majoritarian Islamist governments now face new civil rights challenges in finding a way to make Islamic democracy work without introducing new elements of religious, political and gender-based inequality.
  • A few hundred miles from the coast of Florida, Haitians continue to suffer from some of the worst poverty in the world, exacerbated by the tolls taken by the 2010 earthquake.

So as today’s more globalized fight for civil rights continues, it’s worth reflecting today to remember Evers and an entire generation of Americans who defined much of the content of what we think of as ‘civil rights’ in their fight for racial equality in the United States half a century ago.

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Bottom photo credit to Kevin Lees — Arlington National Cemetery, Virginia, May 2012.