Will Obama be remembered as the Snooper President?

The President is caught riding rough-shod over privacy for the second time in a month.

This is a bad one. At 7:05PM last night, the Guardian published this story, that the National Security Administration had, using a top secret court order, been collecting all of the phone data from Verizon, one of America's biggest phone networks. Not just some of the data; not just of certain individuals under specific investigation: all of it. Every single customer.

It seems Obama will be remembered as the Snooper President. This story comes at the worst possible time for him, struggling as he already is to drag his second term free of the scandals in which it has been mired. Not only that, this is the second government department in less than a month shown to have been wildly overzealous in taking phone records: the Justice Department was caught subpoenaing the same data from Associated Press journalists just a few weeks ago.

The leaked document obtained by the Guardian's Glenn Greenwald, which is marked Top Secret, instructs the phone company to produce “all call detail records or 'telephony metadata'” for all communications operated by Verizon within the US, and from the US to other countries, and then continue to produce it, ongoing, for the three month duration of the order.

What is being collected isn't call content – this isn't a wire-tapping operation – but metadata; when a call is made, and to whom, and for how long. James Ball at the Guardian gives a good run-down of what this means here.

In essence what this scandal means is that the Obama-era NSA has simply continued Bush-era tactics. In an eerily similar scandal in 2005, a whistleblower revealed that the NSA had been intercepting telephone records wholesale from AT&T, another telecommunications giant, with the same sort of injunction; which implies that Verizon probably isn't the only network whose records are being obtained by the government – though it is the only network implicated in this particular leak.

Of course, the President usually doesn't personally sign off on these things. But that there have been so many violations on his watch hints troublingly of a White House culture that sets a low premium on privacy.

There is a defence to all this, of course. You and I do not work in the Oval Office. We do not know the dangers the US may face, and we do not know how many lives have been saved in exchange for this privacy. It is the NSA's job to keep people safe, and if it feels it can track terrorists by correlating certain patterns of phone behaviour, then perhaps there is an argument that they are right to do so. Perhaps it is worth it.

But citizens were not given any choice in the matter. This – like the AP subpoena – happened in secret, “Top Secret” in this case. Maybe privacy had to be overridden, and maybe it had to be in secret, for the greater good. But this presidency – this President – wasn't supposed to operate like this.

(It is not just the administration at fault here, it has to be said. MSNBC's Adam Serwer astutely pointed out that Congress has twice had the opportunity to vote on amendments that would at least partially to lift the lid on NSA secret surveillance, and twice voted against it.)

Further worrying questions are raised by this issue too, perhaps most haunting of which is: could the secret court order as used by the NSA to requisition data from Verizon – and simultaneously gag them – be used for, say, Facebook data? Or Google data? The NSA is an incredibly secretive organisation; the truth is, we don't know what they are able to do until, like yesterday, it leaks out.

I'll end with a quote from a crucial campaign speech Obama made in August 2007, entitled “The War We Need To Win.” In this speech, the ambitious upstart Senator set out his policy stall for the Democratic nomination for the presidency. With a directness that his oratory has lacked of late, Obama eviscerated the Bush administration's policies for riding roughshod over privacy protections in the name of national security.

This Administration also puts forward a false choice between the liberties we cherish and the security we demand. I will provide our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our Constitution and our freedom. No more national security letters to spy on citizens who are not suspected of a crime. No more tracking citizens who do nothing more than protest a misguided war. No more ignoring the law when it is inconvenient. That is not who we are. And it is not what is necessary to defeat the terrorists. The FISA court works. The separation of powers works. Our Constitution works. We will again set an example for the world that the law is not subject to the whims of stubborn rulers, and that justice is not arbitrary.

Obama, back in 2007, talking about Bush, concluded: “This Administration acts like violating civil liberties is the way to enhance our security. It is not.”

In the six years since that speech was given, nothing seems to have changed.

The NSA headquarters at Fort Meade. Photograph: Getty Images

Nicky Woolf is a writer for the Guardian based in the US. He tweets @NickyWoolf.

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Air pollution: 5 steps to vanquishing an invisible killer

A new report looks at the economics of air pollution. 

110, 150, 520... These chilling statistics are the number of deaths attributable to particulate air pollution for the cities of Southampton, Nottingham and Birmingham in 2010 respectively. Or how about 40,000 - that is the total number of UK deaths per year that are attributable the combined effects of particulate matter (PM2.5) and Nitrogen Oxides (NOx).

This situation sucks, to say the very least. But while there are no dramatic images to stir up action, these deaths are preventable and we know their cause. Road traffic is the worst culprit. Traffic is responsible for 80 per cent of NOx on high pollution roads, with diesel engines contributing the bulk of the problem.

Now a new report by ResPublica has compiled a list of ways that city councils around the UK can help. The report argues that: “The onus is on cities to create plans that can meet the health and economic challenge within a short time-frame, and identify what they need from national government to do so.”

This is a diplomatic way of saying that current government action on the subject does not go far enough – and that cities must help prod them into gear. That includes poking holes in the government’s proposed plans for new “Clean Air Zones”.

Here are just five of the ways the report suggests letting the light in and the pollution out:

1. Clean up the draft Clean Air Zones framework

Last October, the government set out its draft plans for new Clean Air Zones in the UK’s five most polluted cities, Birmingham, Derby, Leeds, Nottingham and Southampton (excluding London - where other plans are afoot). These zones will charge “polluting” vehicles to enter and can be implemented with varying levels of intensity, with three options that include cars and one that does not.

But the report argues that there is still too much potential for polluters to play dirty with the rules. Car-charging zones must be mandatory for all cities that breach the current EU standards, the report argues (not just the suggested five). Otherwise national operators who own fleets of vehicles could simply relocate outdated buses or taxis to places where they don’t have to pay.  

Different vehicles should fall under the same rules, the report added. Otherwise, taking your car rather than the bus could suddenly seem like the cost-saving option.

2. Vouchers to vouch-safe the project’s success

The government is exploring a scrappage scheme for diesel cars, to help get the worst and oldest polluting vehicles off the road. But as the report points out, blanket scrappage could simply put a whole load of new fossil-fuel cars on the road.

Instead, ResPublica suggests using the revenue from the Clean Air Zone charges, plus hiked vehicle registration fees, to create “Pollution Reduction Vouchers”.

Low-income households with older cars, that would be liable to charging, could then use the vouchers to help secure alternative transport, buy a new and compliant car, or retrofit their existing vehicle with new technology.

3. Extend Vehicle Excise Duty

Vehicle Excise Duty is currently only tiered by how much CO2 pollution a car creates for the first year. After that it becomes a flat rate for all cars under £40,000. The report suggests changing this so that the most polluting vehicles for CO2, NOx and PM2.5 continue to pay higher rates throughout their life span.

For ClientEarth CEO James Thornton, changes to vehicle excise duty are key to moving people onto cleaner modes of transport: “We need a network of clean air zones to keep the most polluting diesel vehicles from the most polluted parts of our towns and cities and incentives such as a targeted scrappage scheme and changes to vehicle excise duty to move people onto cleaner modes of transport.”

4. Repurposed car parks

You would think city bosses would want less cars in the centre of town. But while less cars is good news for oxygen-breathers, it is bad news for city budgets reliant on parking charges. But using car parks to tap into new revenue from property development and joint ventures could help cities reverse this thinking.

5. Prioritise public awareness

Charge zones can be understandably unpopular. In 2008, a referendum in Manchester defeated the idea of congestion charging. So a big effort is needed to raise public awareness of the health crisis our roads have caused. Metro mayors should outline pollution plans in their manifestos, the report suggests. And cities can take advantage of their existing assets. For example in London there are plans to use electronics in the Underground to update travellers on the air pollution levels.

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Change is already in the air. Southampton has used money from the Local Sustainable Travel Fund to run a successful messaging campaign. And in 2011 Nottingham City Council became the first city to implement a Workplace Parking levy – a scheme which has raised £35.3m to help extend its tram system, upgrade the station and purchase electric buses.

But many more “air necessities” are needed before we can forget about pollution’s worry and its strife.  

 

India Bourke is an environment writer and editorial assistant at the New Statesman.