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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If the SNP truly want another referendum, the clock is ticking

At party conference in Glasgow, I heard Scotland’s governing party demand a future distinctly different from the one being sketched out in Westminster. 

Nicola Sturgeon described Glasgow as the “dear green city” in her opening address to the SNP party conference, which may surprise anyone raised on a diet of Ken Loach films. In fact, if you’re a fan of faded grandeur and nostalgic parks, there are few places to beat it. My morning walk to conference took me past chipped sandstone tenements, over a bridge across the mysterious, twisting River Kelvin, and through a long avenue of autumnal trees in Kelvingrove Park. In the evenings, the skyline bristled with Victorian Gothic university buildings and church spires, and the hipster bars turned on their lights.

In between these two walks, I heard Scotland’s governing party demand a future distinctly different from the one being sketched out in Westminster. Glasgow’s claim to being the UK’s second city expired long ago but I wonder if, post-Brexit, there might be a case for reviving it.



Scottish politics may never have looked more interesting, but at least one Glasgow taxi driver is already over it. All he hears in the back of his cab is “politics, fitba and religion”, he complained when he picked me up from the station. The message didn’t seem to have reached SNP delegates at the conference centre on the Clyde, who cheered any mention of another referendum.

The First Minister, though, seems to have sensed the nation’s weariness. Support for independence has fallen from 47 per cent in June (Survation) to 39 per cent in October (BMG Research). Sturgeon made headlines with the announcement of a draft referendum bill, but read her speeches carefully and nothing is off the table. SNP politicians made the same demands again and again – devolved control of immigration and access to the single market. None ruled out these happening while remaining in the UK.

If Sturgeon does want a soft Brexit deal, though, she must secure it fast. Most experts agree that it would be far easier for an independent Scotland to inherit Britain’s EU membership than for it to reapply. Once Article 50 is triggered, the SNP will be in a race against the clock.


The hare and the tortoise

If anyone is still in doubt about the SNP’s position, look who won the deputy leadership race. Angus Robertson, the gradualist leader of the party in the Commons, saw off a referendum-minded challenger, Tommy Sheppard, with 52.5 per cent of the vote.

Conference would be nothing without an independence rally, and on the final day supporters gathered for one outside. A stall sold “Indyref 2” T-shirts but the grass-roots members I spoke to were patient, at least for now. William Prowse, resplendent in a kilt and a waistcoat covered in pro-indy
badges, remains supportive of Sturgeon. “The reason she has not called an Indy 2 vote
is we need to have the right numbers,” he told me. “She’s playing the right game.”

Jordi McArthur, a member for 30 years, stood nearby waving a flagpole with the Scottish, Welsh and Catalan flags side by side. “We’re happy to wait until we know what is happening with Brexit,” he said. “But at the same time, we want a referendum. It won’t be Nicola’s choice. It will be the grass roots’ choice.”


No Gerrymandering

Party leaders may come and go, but SNP members can rely on one thing at conference – the stage invasions of the pensioner Gerry Fisher. A legendary dissenter, Fisher refused this year to play along with the party’s embrace of the EU. Clutching the
lectern stubbornly, he told members: “Don’t tell me that you can be independent and a member of the EU. It’s factually rubbish.” In the press room, where conference proceedings were shown unrelentingly on a big screen, hacks stopped what they were doing to cheer him on.


Back to black

No SNP conference would be complete without a glimpse of Mhairi Black, the straight-talking slayer of Douglas Alexander and Westminster’s Baby of the House. She is a celebrity among my millennial friends – a video of her maiden Commons speech has been watched more than 700,000 times – and her relative silence in recent months is making them anxious.

I was determined to track her down, so I set my alarm for an unearthly hour and joined a queue of middle-aged women at an early-morning fringe event. The SNP has taken up the cause of the Waspi (Women Against State Pension Inequality) campaign, run by a group of women born in the 1950s whose retirement age has been delayed and are demanding compensation. Black, who is 22, has become their most ­articulate spokeswoman.

The event started but her chair remained unfilled. When she did arrive, halfway through the session, it was straight from the airport. She gave a rip-roaring speech that momentarily convinced even Waspi sceptics like me, and then dashed off to her next appointment.


Family stories

Woven through the SNP conference was an argument about the benefits of immigration (currently controlled by Westminster). This culminated in an appearance by the Brain family, whose attempt to resist deportation back to Australia has made them a national cause célèbre. (Their young son has learned to speak Gaelic.) Yet for me, the most emotional moment of the conference was when another family, the Chhokars, stepped on stage. Surjit Singh Chhokar was murdered in 1998, but it took 17 years of campaigning and a change in double jeopardy laws before his killer could be brought to justice.

As Aamer Anwar, the family’s solicitor, told the story of “Scotland’s Stephen Lawrence”, Chhokar’s mother and sister stood listening silently, still stricken with grief. After he finished, the delegates gave the family a standing ovation.

Julia Rampen is the editor of The Staggers, the New Statesman’s politics blog

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

This article first appeared in the 20 October 2016 issue of the New Statesman, Brothers in blood