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.

Getty
Show Hide image

After Strictly, I'd love to see Ed Balls start a new political party

My week, from babbling at Michael Gove to chatting Botox with Ed Balls and a trip to Stroke City.

If you want to see yourself as others see you, write a weekly column in a national newspaper, then steel yourself to read “below the line”. Under my last offering I read the following comment: “Don’t be angry, feel pity. Her father was a member of the European Parliament. Her older brother has been a member of parliament, a cabinet minister, a secretary of state, a historian, a mayor of London. Her younger brother is a member of parliament and minister for universities and science. She has a column in the Daily Mail. Can you imagine how she feels deep inside?” Before I slammed my laptop shut – the truth always hurts – my eye fell on this. “When is Rachel going to pose for Playboy seniors’ edition?” Who knew that Playboy did a seniors’ edition? This is the best compliment I’ve had all year!

 

Three parts of Michael Gove

Part one Bumped into Michael Gove the other day for the first time since I called him a “political psychopath” and “Westminster suicide bomber” in print. We had one of those classic English non-conversations. I babbled. Gove segued into an anecdote about waiting for a London train at Castle Cary in his trusty Boden navy jacket and being accosted by Johnnie Boden wearing the exact same one. I’m afraid that’s the punchline! Part two I’ve just had a courtesy call from the Cheltenham Literature Festival to inform me that Gove has been parachuted into my event. I’ve been booked in since June, and the panel is on modern manners. De mortuis nil nisi bonum, of course, but I do lie in bed imagining the questions I hope I might be asked at the Q&A session afterwards. Part three There has been what we might call a serious “infarction” of books about Brexit, serialised passim. I never thought I would write these words, but I’m feeling sorry for the chap. Gove gets such a pasting in the diaries of Sir Craig Oliver.

Still, I suppose Michael can have his own say, because he’s returning to the Times this week as a columnist. Part of me hopes he’ll “do a Sarah Vine”, as it’s known in the trade (ie, write a column spiced with intimate revelations). But I am braced for policy wonkery rather than the petty score-settling and invasions of his own family privacy that would be so much more entertaining.

 

I capture the castle

I’ve been at an event on foreign affairs called the Mount Stewart Conversations, co-hosted by BBC Northern Ireland and the National Trust. Before my departure for Belfast, I mentioned that I was going to the province to the much “misunderestimated” Jemima Goldsmith, the producer, and writer of this parish. I didn’t drop either the name of the house or the fact that Castlereagh, a former foreign secretary, used to live there, and that the desk that the Congress of Vienna was signed on is in the house, as I assumed in my snooty way that Ms Goldsmith wouldn’t have heard of either. “Oh, we used to have a house in Northern Ireland, Mount Stewart,” she said, when I said I was going there. “It used to belong to Mum.” That told me.

Anyway, it was a wonderful weekend, full of foreign policy and academic rock stars too numerous to mention. Plus, at the Stormont Hotel, the staff served porridge with double cream and Bushmills whiskey for breakfast; and the gardens at Mount Stewart were stupendous. A top performer was Jonathan Powell, Tony Blair’s former chief of staff, who runs his own conflict resolution charity. Powell negotiated the Good Friday Agreement and also has a very natty line in weekend casual wear. Jeremy Corbyn has said he wants a minister for peace, as well as party unity. Surely “Curly” Powell – a prince of peace if ever there was one – must be shoo-in for this gig.

PS: I was told that Derry/Londonderry is now known as “Stroke City”. I imagined stricken residents all being rushed to Casualty, before I worked it out.

 

On board with Balls

Isn’t Ed Balls bliss? From originating Twitter’s Ed Balls Day to becoming Strictly Come Dancing’s Ed Balls, he is adding hugely to the gaiety of the nation. I did the ITV show The Agenda with Tom Bradby this week, and as a fellow guest Balls was a non-stop stream of campery, charleston steps, Strictly gossip and girly questions about whether he should have a spray tan (no!), or Botox under his armpits to staunch the sweat (also no! If you block the armpits, it will only appear somewhere else!).

He is clever, fluent, kind, built like a s*** outhouse, and nice. I don’t care that his waltz looked as if his partner, Katya, was trying to move a double-doored Sub-Zero American fridge across a shiny floor. After Strictly I’d like to see him start a new party for all the socially liberal, fiscally conservative, pro-European millions of us who have been disenfranchised by Brexit and the Corbynisation of the Labour Party. In fact, I said this on air. If he doesn’t organise it, I will, and he sort of promised to be on board!

 

A shot in the dark

I was trying to think of something that would irritate New Statesman readers to end with. How about this: my husband is shooting every weekend between now and 2017. This weekend we are in Drynachan, the seat of Clan Campbell and the Thanes of Cawdor. I have been fielding calls from our host, a type-A American financier, about the transportation of shotguns on BA flights to Inverness – even though I don’t shoot and can’t stand the sport.

I was overheard droning on by Adrian Tinniswood, the author of the fashionable history of country houses The Long Weekend. He told me that the 11th Duke of Bedford kept four cars and eight chauffeurs to ferry revellers to his pile at Woburn. Guests were picked up in town by a chauffeur, accompanied by footmen. Luggage went in another car, also escorted by footmen, as it was not done to travel with your suitcase.

It’s beyond Downton! I must remember to tell mine host how real toffs do it. He might send a plane just for the guns.

Rachel Johnson is a columnist for the Mail on Sunday

This article first appeared in the 29 September 2016 issue of the New Statesman, May’s new Tories