The NSA's data tapping: America through the PRISM

The <em>Guardian</em>'s stories of the last two days are the highest-level US leaks since the Pentagon Papers.

Yesterday, I asked if the story about the US National Security Administration secretly  requisitioning phone records went deeper – if social networking data might not be as easily requisitioned by security forces as phone metadata. Within hours, the Guardian provided the answer, in the form of a leaked PowerPoint presentation, classified 'Top Secret', which was “apparently used to train intelligence operatives” as part a program named PRISM.

This is now the second of two such 'Top Secret' documents obtained by the Guardian in as many days; an astonishing achievement, considering that the last documents of this level of American security classification to be actually published in the press were the famous “Pentagon Papers”, by the New York Times in 1971, forty-two years ago.

Nothing that WikiLeaks published ever carried this level of security classification. Most of the documents they leaked to the press were “secret” level, with a few “confidential” and unclassified documents thrown in.

This puts the Guardian in a unique position. Whoever leaked these documents – both the Verizon court order, and the intelligence training PowerPoint presentation the following day, two separate leaks – could be in real trouble under the Espionage Act as well as several other US statutes.

It is also worth mentioning that the Nixon administration did place an injunction on the New York Times and the Washington Post over the release of the Pentagon Papers, though it was lifted after fifteen days by the Supreme Court, which upheld the papers' First Amendment rights. Attorney General Eric Holder said yesterday that the DoJ “will not prosecute any reporter from doing his or her job.”

Nonetheless, this leak is absolutely unprecedented in the internet age, and the Obama administration is developing a worrying reputation for hostility to journalists; the DoJ named Fox News reporter James Rosen as a 'co-consipirator' under the Espionage Act in order to put him under surveillance in 2010, the first time a journalist had ever been targeted this way in the US.

This also comes at a time when Army Private Bradley Manning, who gave WikiLeaks their biggest information-dump of classified material, is facing military trial for leaks. Prosecutors are seeking to prove that he was “aiding the enemy” - which is technically a capitol offence in the US, though they apparently do not intend to seek the death penalty.

US Director of National Intelligence James R Clapper gave a statement yesterday condemning the leaks, saying that they threaten “potentially long-lasting and irreversible harm to our ability to identify and respond to the many threats facing our nation,” and highlighted that everything the NSA has been shown to be doing is “within the constraints of the law”. House intelligence chairman Mike Rogers defended the phone data requisition program to the Washington Post too, saying that within the last few years, the phone record requisition program had been used to stop a terrorist attack within the United States. But libertarian senator Rand Paul called the seizure shown by the first leak an “astounding assault on the constitution”.

The PRISM logo.

Nicky Woolf is reporting for the New Statesman from the US. He tweets @NickyWoolf.

Photo: Getty Images
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David Cameron’s starter homes: poor policy, but good politics

David Cameron's electoral coalition of buy-to-let retirees and dual-earner couples remains intact: for now.

The only working age demographic to do better under the Coalition was dual-earner couples – without children. They were the main beneficiaries of the threshold raise – which may “take the poorest out of tax” in theory but in practice hands a sizeable tax cut to peope earning above average. They will reap the fruits of the government’s Help to Buy ISAs. And, not having children, they were insulated from cuts to child tax credits, reductions in public services, and the rising cost of childcare. (Childcare costs now mean a couple on average income, working full-time, find that the extra earnings from both remaining in work are wiped out by the costs of care)

And they were a vital part of the Conservatives’ electoral coalition. Voters who lived in new housing estates on the edges of seats like Amber Valley and throughout the Midlands overwhelmingly backed the Conservatives.

That’s the political backdrop to David Cameron’s announcement later today to change planning to unlock new housing units – what the government dubs “Starter Homes”. The government will redefine “affordable housing”  to up to £250,000 outside of London and £450,000 and under within it, while reducing the ability of councils to insist on certain types of buildings. He’ll describe it as part of the drive to make the next ten years “the turnaround decade”: years in which people will feel more in control of their lives, more affluent, and more successful.

The end result: a proliferation of one and two bedroom flats and homes, available to the highly-paid: and to that vital component of Cameron’s coalition: the dual-earner, childless couple, particularly in the Midlands, where the housing market is not yet in a state of crisis. (And it's not bad for that other pillar of the Conservative majority: well-heeled pensioners using buy-to-let as a pension plan.)

The policy may well be junk-rated but the politics has a triple A rating: along with affluent retirees, if the Conservatives can keep those dual-earner couples in the Tory column, they will remain in office for the forseeable future.

Just one problem, really: what happens if they decide they want room for kids? Cameron’s “turnaround decade” might end up in entirely the wrong sort of turnaround for Conservative prospects.

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.