Fiction and films, the nearest most of us knowingly get to the world of espionage, give us a series of reliable stereotypes. British spies are hard-bitten, libidinous he-men. Russian agents are thickset, low-browed and facially scarred. And defectors end up as tragic old soaks in Moscow, scanning old copies of the Times for news of the Test match.
Such a fate was anticipated forĀ Edward SnowdenĀ byĀ Michael Hayden, a former NSA and CIA chief,Ā who predicted last SeptemberĀ that the former NSA analyst would be stranded in Moscow for the rest of his days ā āisolated, bored, lonely, depressed⦠and alcoholicā.
But the Edward Snowden who materialises in our hotel room shortly after noon on the appointed day seems none of those things. A year into his exile in Moscow, he feels less, not more, isolated. If he is depressed, he doesnāt show it. And, at the end of seven hours of conversation, he refuses a beer. āI actually donāt drink.ā He smiles when repeating Haydenās jibe. āI was like, wow, their intelligence is worse than I thought.ā
Oliver Stone, who is working onĀ a film about the manĀ now standing in room 615 of the Golden Apple hotel on Moscowās Malaya Dmitrovka, might struggle to make his subject live up to the canon of great movie spies. The American director has visited Snowden in Moscow, and wants to portray him as an out-and-out hero, but he is an unconventional one: quiet, disciplined, unshowy, almost academic in his speech. If Snowden has vices ā and God knows they must have been looking for them ā none has emerged in the 13 months since he slipped away from his life as a contracted NSA analyst in Hawaii, intent on sharingĀ the biggest cache of top-secret material the world has ever seen.
Since arriving in Moscow, Snowden has been keeping late and solitary hours ā effectively living on US time, tapping away on one of his three computers (three to be safe; he uses encrypted chat, too). If anything, he appears more connected and outgoing than he could be in his former life as an agent. Of his life now, he says, āThereās actually not that much difference. You know, I think there are guys who are just hoping to see me sad. And theyāre going to continue to be disappointed.ā
WhenĀ the Guardian first spoke to Snowden a year ago in Hong Kong, he had been dishevelled, his hair uncombed, wearing jeans and a T-shirt. The 31-year-old who materialised last week was smartly, if anonymously, dressed in black trousers and grey jacket, his hair tidily cut. He is jockey-light ā even skinnier than a year ago. And he looks pale: āProbably three steps from death,ā he jokes. āI mean, I donāt eat a whole lot. I keep a weird schedule. I used to be very active, but just in the recent period Iāve had too much work to focus on.ā
There was no advance warning of where we would meet: his only US television interview,Ā with NBCās Brian WilliamsĀ in May, was conducted in an anonymous hotel room of Snowdenās choosing. This time, he prefers to come to us. On his arrival, there is a warm handshake for Guardian reporterĀ Ewen MacAskill, whom he last saw in Hong Kong ā a Sunday night after a week of intense work in a frowsty hotel room, a few hours before theĀ video revealing his identity to the worldĀ went public. Neither man knew if they would ever meet again.
Snowden orders chicken curry from room service and, as he forks it down, is immediately into the finer points of the story that yanked him from a life of undercover anonymity to global fame. The Snowden-as-alcoholic jibe is not the only moment when he reflects wryly on his former colleaguesā patchy ability to get on top of events over the past year. There was, for instance, the incident last July when a plane carrying President Evo Morales back to Bolivia from Moscow wasĀ forced down in ViennaĀ and searched for a stowaway Snowden. āI was like, first off, wow, their intelligence sucks, from listening to everything. But, two, are they really going to the point of just completely humiliating the president of a Latin American nation, the representative of so many people? It was just shockingly poorly thought out, and yet they did it anyway, and they keep at these sort of mistakes.ā It was as if they were trying not to find him. āI almost felt like I had some sort of friend in government.ā
He is guarded on the subject of his life in exile. Yes, he cooks for himself ā often Japanese ramen, which he finds easy to sling together. Yes, he goes out. āI donāt live in absolute secrecy ā I live a pretty open life ā but at the same time I donāt want to be a celebrity, you know. I donāt want to go somewhere and have people pay attention to me, just as I donāt want to do that in the media.ā
He does get recognised. āItās a little awkward at times, because my Russianās not as good as it should be. Iām still learning.ā He declines an invitation to demonstrate for us (āThe last thing I want is clips of me speaking Russian floating around the internetā). He has been picking his way through Dostoevsky, and belatedly catching up with series one of The Wire, while reading the recently published memoir ofĀ Daniel Ellsberg, the Pentagon Papers whistleblower.
In October last year, he was photographedĀ on a Moscow tourist boat. āRight. I didnāt look happy in that picture.ā AndĀ pushing a loaded shopping trolley across a road? āYou know, I actually donāt know, because it was so far away and it was blurry. I mean, it could have been me.ā Does he go out in disguise? He is deadpan: āBefore I go to the grocery store, I make sure to put on, you know, my Groucho Marx glasses and nose and moustache⦠No, I donāt wander around in disguise.ā The only props in evidence today are an American Civil Liberties Union baseball cap and dark glasses, tossed on to the bed. Some disguise.
He is not working for a Russian organisation, as has been reported, but is financially secure for the immediate future. In addition to substantial savings from his career as a well-compensated contractor, he has received numerous awards and speaking fees from around the world. He is also in the process of securing foundation funding for a new press freedom initiative, creating tools that allow journalists to communicate securely.
But push Snowden further on his life in Moscow and he clams up. There are all sorts of plausible reasons for his reticence. He thinks it reasonable to assume he is under some form of surveillance, by both the Russians and the Americans. There is a small chance that he could be harassed, or worse, if his routine or whereabouts became known. Nor does he want to be āRussianisedā: pictures of him in Red Square would not play well back home.
He feels the world has got some things wrong about him, but even so he would rather not correct the record publicly. He was exasperated to be marked down as a conservative libertarian, for example (he is, he says, more moderate than has been reported), but declines to be more specific about his actual politics. It would simply alienate some people, he believes. He thinks journalists have speculated too much about his family (his father has visited him in Moscow), and misunderstood his relationship with Lindsay, the girlfriend he left behind in Hawaii; life is more complicated than the headlines. But, again, he wonāt go on the record to talk about them.
At the same time, the people closest to him have plainly told Snowden he has to raise his profile if he wants to win over US hearts and minds. And, from his periodic self-corrections and occasional stop-start answers, it is evident he is on a mission to make friends, not enemies. At the end of a diplomatic answer to a question about Germany, he breaks off in frustration. āThatās probably too political. I hate politics. Really, I mean, this is not me, you know. I hope you guys can tell the difference.ā
The Snowden-as-traitor camp will take his reluctance to vouchsafe too many details as confirmation that he is, if not a double agent, then a āuseful idiotā for the Kremlin. He tackles some of these criticisms head on. He didnāt take a single document to Russia. He has no access to them there. He never initially sought to be in Russia ā it happened āentirely by accidentā. Itās a āmodern country⦠and itās been good to meā, but he would rather be free to travel. He repeats his criticisms of Russiaās record on human rights and free speech, and tacitly concedes thatĀ his televised question to Vladimir Putin in April this yearĀ was an error.
What about the Russian spy thesis, advanced by the Economist writerĀ Edward Lucas, among others? Lucas has said that, had Snowden come to him with the NSA documents, he would have marched him straight to a police station. āYeah, heās crazy,ā Snowden sighs. āHeās not credible at all.ā One of the Lucas charges was a āfishyā September 2010 trip to India, where he speculates Snowden may have met unspecified Russians or intermediaries, and attended a hacking course. āItās bullshit,ā Snowden exclaims. āI was on official visits, working at the US embassy. You know, itās not like they didnāt know I was there. And the six-day course afterwards, it wasnāt a security course, it was a programming course. But it doesnāt matter. I mean, there are always going to be conspiracy theories. If my reputation is harmed by being here, there or any other place, thatās OK, because itās not about me.
āI can give a blanket response to all the Russia questions,ā he adds. āIf the government had the tiniest shred of evidence, not even that [I was an agent], but associating with the Russian government, it would be on the front page of the New York Times by lunchtime.ā
What about the accusation that his leaks have caused untold damage to the intelligence capabilities of the west? āThe fact that people know communications can be monitored does not stop people from communicating [digitally]. Because the only choices are to accept the risk, or to not communicate at all,ā he says, almost weary at having to spell out what he considers self-evident.
āAnd when weāre talking about things like terrorist cells, nuclear proliferators ā these are organised cells. These are things an individual cannot do on their own. So if they abstain from communicating, weāve already won. If weāve basically talked the terrorists out of using our modern communications networks, we have benefited in terms of security ā we havenāt lost.ā
There still remains the charge that he has weakened the very democracy he professes he wants to protect. Al-Qaida, according toĀ MI6 chief Sir John Sawers, have been ārubbing their hands with gleeā. āI can tell you right now that in the wake of the last year, there are still terrorists getting hauled up, there are still communications being intercepted. There are still successes in intelligence operations that are being carried out all around the world.ā
Why not let the agencies collect the haystacks of data so they can look for the needles within?
Snowden doesnāt like the haystack metaphor, used exhaustively by politicians and intelligence chiefs in defence of mass data collections. āI would argue that simply using the term āhaystackā is misleading. This is a haystack of human lives. Itās all the private records of the most intimate activities, that are aggregated and compiled again and again, and stored for increasing frequencies of time.
āIt may be that by watching everywhere we go, by watching everything we do, by analysing every word we say, by waiting and passing judgment over every association we make and every person we love, that we could uncover a terrorist plot, or we could discover more criminals. But is that the kind of society we want to live in? That is the definition of a security state.ā
When did he last read George Orwellās Nineteen Eighty-Four? āActually, quite some time ago. Contrary to popular belief, I donāt think we are exactly in that universe. The danger is that we can see how [Orwellās] technologies now seem unimaginative and quaint. They talked about things like microphones implanted in bushes and cameras in TVs that look back at us. But now weāve got webcams that go with us everywhere. We actually buy cellphones that are the equivalent of a network microphone that we carry around in our pockets voluntarily. Times have shown that the world is much more unpredictable and dangerous [than Orwell imagined].ā
But the life he describes inside the closed walls of the NSA does have echoes of Big Brother omniscience. Snowden, sipping Pepsi from a bottle and speaking in perfectly composed sentences, recalls the period when he was working as an analyst, directing the work of others. There was a moment when he and, he says, other colleagues began to have severe doubts about the ethics of what they were doing.
Can he give an example of what made him feel uneasy? āMany of the people searching through the haystacks were young, enlisted guys, 18 to 22 years old. Theyāve suddenly been thrust into a position of extraordinary responsibility, where they now have access to all your private records. In the course of their daily work, they stumble across something that is completely unrelated in any sort of necessary sense ā for example, an intimate nude photo of someone in a sexually compromising situation. But theyāre extremely attractive. So what do they do? They turn around in their chair and they show a co-worker. And their co-worker says, āOh, hey, thatās great. Send that to Bill down the wayā, and then Bill sends it to George, George sends it to Tom, and sooner or later this personās whole life has been seen by all of these other people.ā
The analysts donāt discuss such things in the NSA cafeterias, but back in the office āanything goes, more or less. Youāre in a vaulted space. Everybody has sort of similar clearances, everybody knows everybody. Itās a small world. Itās never reported, because the auditing of these systems is incredibly weak. The fact that records of your intimate moments have been taken from your private communication stream, from the intended recipient, and given to the government, without any specific authorisation, without any specific need, is itself a violation of your rights. Why is that in the government database?ā
How often do such things happen? āIād say probably every two months. Itās routine enough. These are seen as sort of the fringe benefits of surveillance positions.ā
And the auditing is really not good enough to pick up such abuses? āA 29-year-old walked in and out of the NSA with all of their private records,ā he shoots back. āWhat does that say about their auditing? They didnāt even know.ā
He emphasises that his co-workers were not āmoustache-twirling villainsā but āpeople like you and meā. Still, most colleagues, even if they felt doubts, would not complain, having seenĀ the fate of previous whistleblowers, who ended up vilified and āpulled out of the shower at gunpoint, naked, in front of their families. We all have mortgages. We all have families.ā
As the leaden skies darken beyond the net curtains, Snowden breaks to order a bowl of ice-cream (chocolate, vanilla and strawberry sorbet). Afterwards, he warms to his theme, explaining how he and his colleagues relied heavily on āmetadataā ā the information about our locations, searches and contacts that needed no warrants or court orders, but that betrays a huge amount about our lives. āTo an analyst, nine times out of 10, you donāt care what was said on the phone call till very late in the investigative chain. What you care about is the metadata, because metadata does not lie. People lie on phone calls when theyāre involved in real criminal activity. They use code words, they talk around it. You canāt trust what youāre hearing, but you can trust the metadata. Thatās the reason metadataās often more intrusive.ā
What about his own digital habits? He wonāt use Google or Skype for anything personal. Dropbox? He laughs. āThey just putĀ Condoleezza RiceĀ on their board, who is probably the most anti-privacy official you can imagine. Sheās one of the ones who oversaw [the warrantless wire-tapping program]Ā Stellar WindĀ and thought it was a great idea. So theyāre very hostile to privacy.ā Instead, he recommendsĀ SpiderOak, a fully encrypted end-to-end āzero-knowledgeā filesharing system.
Why should we trust Google any more than we trust the state? āOne, you donāt have to. Association with Google is voluntary. But it does raise an important question. And I would say, while there is a distinction ā in that Google canāt put you in jail, Google canāt task a drone to drop a bomb on your house ā we shouldnāt trust them without verifying what their activities are, how theyāre using our data.ā
He is extremely alarmed by the implications of the NSA and GCHQ documents, which showed their engineers hard at work undermining the basic security of the internet ā something that has also concernedĀ Sir Tim Berners-Lee, the man credited with inventing the world wide web. āWhat people often overlook is the fact that, when you build a back door into a communication system, that back door can be discovered by anyone around the world. That can be a private individual or a security researcher at a university, but it can also be a criminal group or a foreign intelligence agency ā say, the NSAās equivalent in a deeply irresponsible government. And now that foreign country can scrutinise not just your bank records, but your private communications all around the internet.ā
The problem with the current system of political oversight is twofold, he says. First, the politicians and the security services are too close: no politician wants to defy intelligence chiefs who warn of the potential consequences of being seen to be āweakā. And then thereās the problem that, in most societies, the job of monitoring the security agencies goes to the most senior politicians or, in the UK, retired judges ā most of whom, he believes, do not have the technical literacy to understand what it is they should be looking for, or regulating.
āWhat last yearās revelations showed us was irrefutable evidence that unencrypted communications on the internet are no longer safe. Any communications should be encrypted by default.ā This has big implications for anyone using email, text, cloud computing ā or Skype, or phones, to communicate in circumstances where they have a professional duty of confidentiality. āThe work of journalism has become immeasurably harder. Journalists have to be particularly conscious about any sort of network signalling; any sort of connection; any sort of licence plate-reading device that they pass on their way to a meeting point; any place they use their credit card; any place they take their phone; any email contact they have with the source. Because that very first contact, before encrypted communications are established, is enough to give it all away.ā To journalists, he would add ālawyers, doctors, investigators, possibly even accountants. Anyone who has an obligation to protect the privacy of their clients is facing a new and challenging world.ā
But ask Snowden if technology is compatible with privacy, and he answers with an unequivocal āabsolutelyā, mainly because he believes that technology itself will come up with the solutions.
āThe question is, why are private details that are transmitted online any different from the details of our lives that are stored in our private journals? There shouldnāt be this distinction between digital and printed information. But the US government, and many other countries, are increasingly seeking to make that distinction.ā
Snowden is not against targeted surveillance. But he returns to the philosophical, ethical, legal and constitutional objections to security agencies routinely seizing digital material from innocent people, when they would not dream of entering their houses to plant spy cameras, or walk off with personal diaries and photographs. If these things are wrong in analogue life, why not in our digital lives? And where, he asks repeatedly, is the evidence that it is cost-effective? Or even effective?
Surely he would concede there are occasions when it is of benefit to police or intelligence agencies to be able to trawl collected records after a crime or terrorist event has taken place? He concedes there are āhypotheticalsā in which such a capability might have its uses, but he counters with questions of proportionality. America is not at war; terrorism should be treated as a criminal problem. He might personally draw the line in a different place in the event of a war, but, in any event, this is something that should be determined by democratic discussion.
āYou have a tremendous population of young military enlisted individuals [in the NSA] who may not have had the number of life experiences, to have felt the sense of being violated. And if we havenāt been exposed to the dangers of having our liberties violated, how can we expect these individuals to reasonably represent our interests?ā
He cites the German Stasi as an organisation staffed by people who thought they were āprotecting the stability of their political system, which they considered to be under threat. They were ordinary citizens like anyone else. They believed they were doing the right thing. But when we look at them in historic terms, what were they doing to their people? What were they doing to the countries around them? What was the net impact of their mass, indiscriminate spying campaigns?ā
The skies over Moscow are darkening as Snowden prepares to go. We give him a fragment of a smashed-up hard drive, a memento of the Guardianās tangles with GCHQ: a year ago this weekend,Ā senior editors destroyed computers used to store Snowdenās documents while GCHQ representatives watched. āWow, that is the real deal,ā he mutters as he examines the scarred circuit board. And then he speculates ā maybe only half joking, for the tradecraft never quite goes ā that it might have a tracking device in it. He says that he faces a logistical nightmare in getting home undetected tonight. A driver is waiting for him outside.
Will he be watching that nightās World Cup semi-final between Holland and Argentina? āYou know, this is probably going to surprise a lot of people, but Iām not particularly athletic. Iām not a great sports fan.ā
He wonders if we will want to shake his hand. We do. An adviser has warned him not to be offended if visitors are anxious about a photograph of a handshake that might come back to haunt them.
He means, if it turns out Snowden really is a Russian spy?
āRight, exactly. If you guys were running for office, then youād be in trouble.ā
And with that he picks up his rucksack and slips out of the room, back into the curious world of semi-anonymous exile that may be his fate for a long time to come.
EDWARD SNOWDEN ON ā¦
His time in Hong Kong
That whole period was very carefully planned and orchestrated. There was no risk of compromise. I could have been screwed, but the fact that transmissions to journalists would be intercepted, that wasnāt possible at all, unless the journalist intentionally passed this to the government.
And I didnāt cover my traces. I only tried to avoid being detected in advance of travel, I didnāt want to be interdicted, but on the other side I wanted them to know where I was at. I wanted them to know. But because of that they would immediately go: āAll right, this guy isnāt where he says heās supposed to be. Heās supposed to be getting medical treatment. Why the hell is he in Hong Kong?ā And I didnāt want them to get ahead of the story and basically try to spin the whole spy story.
[Snowden wanted the revelations to be published as fast as possible.] So I was very concerned about all these delays. Youāve got to remember I knew nothing of the press. Iād never talked to a journalist ⦠I was a virgin source basically.
It was a nervous period. You have no idea what the futureās going to hold and I was all right because I knew things would get out but I wanted them to get out in the best way, and that was [why] I didnāt want any mistakes. It was what I called the zero fuck-ups policyā¦
Why he made sure the documents were spread among different countries
Itās that concept of herd immunity. They run cover for the others. And particularly once you start splitting them over jurisdictions and things like that it becomes much more difficult to subvert their intentions. Nobody could stop it.
But as an engineer, and particularly as somebody who worked in telecoms and things like that on these systems, the thing that youāre always terrified of when youāre thinking about reliability is SPOFs ā Single Point Of Failure, right?
This was the thing I told the journalists: āIf the government thinks youāre the single point of failure, theyāll kill you.ā
Why he did not go straight to Ecuador rather than Hong Kong
So this is the thing that nobody realises. They think there was some masterplan to get out safely and avoid all consequences. Thatās what Hong Kong was all about. But it wasnāt. The purpose of my mission was to get the information to journalists. Once I had, that I was done.
Thatās why I was so peaceful afterwards, because it didnāt matter what happened ⦠Going to Ecuador and getting asylum there, that would have been great ⦠And that would have just been a bonus. The fact that Iāve ended up so secure is entirely by accident. And as you said, it probably shouldnāt have happened. If we have anybody to thank, itās the state department. The whole key is, the state departmentās the one who put me in Russia.
The past year
Itās been unexpected and challenging but itās been encouraging. Itās been energising to see the reaction from the public. Itās been vindicating to see the reaction from lawmakers, judges, public bodies around the world, civil liberties activists who have said itās true that we have a right to at least know the broad outlines of what our governmentās doing in our name and what itās doing against us.
Being able to be a part of that, even if itās a small part, has been, I think, the most rewarding work of my life.
The White House investigated those programs [which allowed mass surveillance] on two separate occasions and on both occasions found that they had no value at all, and yet, while those panels recommended that they be terminated, when it actually came to the White House suggesting action to legislators, the legislators said: āWell, letās not end these programs. Even though theyāve operated for 10 years and never stopped any imminent terrorist attacks, letās keep them going.ā
Life at the NSA
I began to move from merely overseeing these systems to actively directing their use. Many people donāt understand that I was actually an analyst and I designated individuals and groups for targeting.
I was exposed to information about the previous programs like Stellar Wind [used during the presidency of George W Bush] for example. The warrantless wire-tapping of everyone in the United States, including their internet data ā which is a violation of the constitution and law in the United States ā did cause a scandal and was ended because of that.
When I saw that, that was really the earthquake moment because it showed that the officials who authorised these programs knew it was a problem, they knew they didnāt have any statutory authorisation for these programs. But instead the government assumed upon itself, in secret, new executive powers without any public awareness or any public consent and used them against the citizenry of its own country to increase its own power, to increase its own awareness.
We constantly hear the phrase ānational securityā but when the state begins ⦠broadly intercepting the communications, seizing the communications by themselves, without any warrant, without any suspicion, without any judicial involvement, without any demonstration of probable cause, are they really protecting national security or are they protecting state security?
What I came to feel ā and what I think more and more people have seen at least the potential for ā is that a regime that is described as a national security agency has stopped representing the public interest and has instead begun to protect and promote state security interests. And the idea of western democracy as having state security bureaus, just that term, that phrase itself, āstate security bureauā, is kind of chilling.
So when we think about the nation we think about our country, we think about our home, we think about the people living in it and we think about its values. When we think about the state, weāre thinking about an institution.
The distinction there is that we now have an institution that has become so powerful it feels comfortable granting itself new authorities, without the involvement of the country, without the involvement of the public, without the full involvement of all of our elected representatives and without the full involvement of open courts, and thatās a terrifying thing ā at least for me.
Generally, itās not the people at the working level you need to worry about. Itās the senior officials, itās the policymakers who are shielded from accountability, who are shielded from oversight and who are allowed to make decisions that affect all of our lives without any public input, any public debate, or any electoral consequences because their decisions and the consequences of the decisions are never known.
Because of the advance of technology, storage becomes cheaper and cheaper year after year and when our ability to store data outpaces the expense of creating that data, we end up with things that are no longer held for short-term periods, theyāre held for long-term periods and then theyāre held for a longer term period. At the NSA for example, we store data for five years on individuals. And thatās before getting a waiver to extend that even further.
You have a tremendous population of young military enlisted individuals who, while thatās not a discredit to them, ⦠may not have had the number of life experiences to have felt the sense of being violated. And if we havenāt been exposed to the dangers and risks of having our privacy violated, having our liberties violated, how can we expect these individuals to reasonably represent our own interests in exercising those authorities?
The Stasi
No system of mass surveillance has existed in any society that we know of to this point that has not been abused. When we look at the German Stasi for example, they were a state security bureau set up to protect their nation, to protect the stability of their political system, which they considered to be under threat. They were ordinary citizens like anyone else. They believed they were doing the right thing, they believed they were doing a good thing. But when we look at them in historic terms, what were they doing to their people? What were they doing to the countries around them? What was the net impact of their mass indiscriminate spying campaigns? And we can see it more clearly.
The relationship between the NSA and telecom and internet companies
Unusually hidden even from people who worked for these agencies are the details of the financial arrangements between [the] government and the telecommunication service providers. And we have to ask ourselves, why is that? Why are their details of how theyāre being paid to collaborate with [the] government protected at a much greater level than for example the names of human agents operating undercover, embedded with terrorist groups?
So the way Prism [the program that deals with the relationship between the NSA and the internet companies] works is agencies are provided with direct access to the contents of the server at these private companies. That doesnāt mean the companies can, or the intelligence agencies can, let themselves in. What it means is Facebook is allowing the government to get copies of your Facebook messages, your Skype conversations, your Gmail mailboxes, things like that.
It distinguishes it from where the government is creating its own access ā so called upstream operations ā where they sort of tap the backbones where these communications cross and they try to take them in transit. Instead they go to the company and they say: āYouāre going to give us this. Youāre going to give us that. Youāre going to give us that.ā And the company gives them all of this information in a cooperative relationship.
If Facebook is going to hand over all of your messages, all of your wall posts, all of your private photos, all of your private details from their server the government has no need to intercept all of the communications that constitute those private records.
Why governments donāt like encryption
The most important sort of law enforcement investigation capabilities and intelligence collection capabilities we have are capabilities that are not going away, regardless of whether theyāre ⦠in the press, and that is targeted computer exploitation. ⦠Youāve got a global network thatās geographically distributed in basically every country around the world, underneath all the worldās oceans.
And the government is saying that we need to be able to intercept all of these communications ⦠And because of this they donāt like the adoption of encryption. They say encryption that protects individualsā privacies, encryption that protects the publicās privacy broadly as opposed to specific individuals, encryption by default, is dangerous because they lose this midpoint communication, this midpoint collection.
The reality is every communication comes from an originating point and it ends up at a destination point. And these two points are computers, theyāre devices, theyāre cell phones or laptops and they can be hacked. They can be exploited, which gives law enforcement agencies and intelligence agencies direct access to those systems to be able to read those communications.
On NSA culture, sharing sexually compromising material
When youāre an NSA analyst and youāre looking for raw signals intelligence, what you realise is that the majority of the communications in our databases are not the communications of targets, theyāre the communications of ordinary people, of your neighbours, of your neighboursā friends, of your relations, of the person who runs the register at the store. Theyāre the most deep and intense and intimate and damaging private moments of their lives, and weāre seizing [them] without any authorisation, without any reason, records of all of their activities ā their cell phone locations, their purchase records, their private text messages, their phone calls, the content of those calls in certain circumstances, transaction histories ā and from this we can create a perfect, or nearly perfect, record of each individualās activity, and those activities are increasingly becoming permanent records.
Many of the people searching through the haystacks were young, enlisted guys and ⦠18 to 22 years old. Theyāve suddenly been thrust into a position of extraordinary responsibility where they now have access to all your private records. In the course of their daily work they stumble across something that is completely unrelated to their work, for example an intimate nude photo of someone in a sexually compromising situation but theyāre extremely attractive. So what do they do? They turn around in their chair and they show a co-worker. And their co-worker says: āOh, hey, thatās great. Send that to Bill down the way.ā And then Bill sends it to George, George sends it to Tom and sooner or later this personās whole life has been seen by all of these other people. Anything goes, more or less. Youāre in a vaulted space. Everybody has sort of similar clearances, everybody knows everybody. Itās a small world.
Itās never reported, nobody ever knows about it, because the auditing of these systems is incredibly weak. Now while people may say that itās an innocent harm, this person doesnāt even know that their image was viewed, it represents a fundamental principle, which is that we donāt have to see individual instances of abuse. The mere seizure of that communication by itself was an abuse. The fact that your private images, records of your private lives, records of your intimate moments have been taken from your private communication stream, from the intended recipient, and given to the government without any specific authorisation, without any specific need, is itself a violation of your rights. Why is that in the government database?
Iād say probably every two months you see something like that happen. Itās routine enough, depending on the company you keep, it could be more or less frequent. But these are seen as the fringe benefits of surveillance positions.
Why the NSA auditing is inadequate
A 29-year-old walked in and out of the NSA with all of their private records. What does that say about their auditing? They didnāt even know.
People talk about things that they shouldnāt have done as if itās no big deal because nobody expects any consequences. Nobody expects to be held to account. There are no auditors who go into your space and see things other than your own friends. When youāre auditing yourselves, what are the real consequences to be expected?
The reality of working in [the] intelligence community is you see things that are deeply troubling all the time. I raised concerns about these programs regularly and widely, [to] more than 10 discreet colleagues that I have worked with ā and thatās both laterally and vertically in my work. I went to [them] and I showed [them] these programmes and said: āWhat do you think about this? Is this unusual? How can we be doing this? Isnāt this unconstitutional? Isnāt this a violation of rights?ā and āWhy are we intercepting more American communications than weāre intercepting Russian communications?ā
The people that are staffing these intelligence agencies are ordinary people, like you and me. Theyāre not moustache-twirling villains that are going, āah ha ha thatās greatā, theyāre going: āYouāre right. That crosses a line but you really shouldnāt say something about that because itās going to end your career.ā
We all have mortgages. We all have families. And when youāre working for a national security system that has these official secrets acts, that means even if you go to a chosen representative of Congress, a representative chosen by a reporter as opposed to a representative chosen by the intelligence community responsible for the wrongdoing to begin with, you can be prosecuted for it. And even if youāre not prosecuted for it, you can lose your job over it.
I was a private contractor as opposed to a direct employee of the National Security Agency. And that meant that what few whistleblower protections we have in the United States did not apply to me. I could have been fired and [would have] had no recourse against the retaliation. I could have been imprisoned. And everybody who works for these agencies, theyāre all aware of that.
Thomas Drake, an American who exposed widespread lawlessness ⦠[he was a senior NSA employee who raised concerns about agency programs and their impact on privacy] ⦠rather than having those claims investigated, rather than having the wrongdoing remediated, they launched an investigation against him and ⦠all of his co-workers.
They pulled them out of the shower at gunpoint, naked, in front of their families. They seized all of their communications and electronic devices, they interrogated them all, they threatened to put them in jail for life, for years and years and years, decades, and they destroyed their careers.
āThe public should not know about these programmes. The public should not have a say in these programmes and, for Godās sake, the press had better not learn about these programmes or we will destroy you.ā
The NSAās British partner, GCHQ, and whether it is worse
Their respect for the privacy right, their respect for individual citizens, their ability to communicate and associate without monitoring and interference is not strongly encoded in law or policy. And the result of that is that citizens in the United Kingdom and citizens around the world who are targeted by the United Kingdom, by the UK government, by UK systems, by UK authorities, theyāre at a much greater risk than they are in the United States.
Youāve got their own admission in their own documents that āweāve got a much lighter oversight regime than we should haveā, full stop. Thatās what theyāre talking about. They enjoy authorities that they really shouldnāt be entitled to. And the problem with that is, when you have an unrestrained intelligence agency thatās not being well overseen, thatās not accountable to the public, theyāre going to go further than they need to. Theyāre going to overreach. Theyāre going to implement systems and policies and target people who are not necessary to target.
Tempora [GCHQās internet surveillance program] is really proof ⦠that GCHQ has much less strict legal restrictions than other western government intelligence.
The UK government may publicly say, āWe have very strict regulations. Thereās a broad oversight. Thereās intense accountability for all of these officials operating these programsā. Their own private documents, classified documents they never expect the public to see, say something very different, which is, āWe have a very light oversight regime compared to all other western countriesā.
And what that means is UK citizens and UK intelligence platforms are used as a testing ground for all of the other five eyes partners ā thatās the UK, Canada, the United States, Australia, New Zealand.
This experimental approach at how we collect intelligence, [while] at the same time we keep the public unaware of how we do it, leads to a very unusual situation. Instead of having a signals intelligence system driven by the need to use its authorities only where necessary and only in the measure that is proportionate to the threat, we get a technological approach where they go, āWhat can we do?ā as opposed to, āWhat do we need to do?ā.
Hearing the British government wanted to destroy the Guardianās hard drives
First off, I have to admit I kind of clapped my hands. This is stupid. I was shocked that the UK government would go so far for so little. It should have been obvious to anyone who works with data or journalism, or anybody in these intelligence agencies that you canāt grind hard disks.
You know, you canāt grind data out of existence when we have a global interconnected internet, and particularly when ⦠the journalists who were on the ground were still out there. And yet they did it. It seemed like a clear intent to intimidate the press into pulling back and not reporting. And I think that was why it was inappropriate but tremendously beneficial for the public conversation because they gave everyone who was concerned about the abuses of power a clear and specific example.
In what kind of country do government agents basically bust into newsrooms and demand the destruction of journalistic material? Hopefully thatās an event that we wonāt see happen again.
Metadata
Metadata is contrasted typically against content. People think about metadata being the details of the call ā when you made the call, who the call was to, when it happened, how long it occurred for ā versus the content of the call, which is what you said. As an analyst, nine times out of 10, you donāt care what was said on the phone call till very late in the investigative chain. What you care about is the metadata because metadata does not lie.
People lie in phone calls when theyāre involved in real criminal activity. They use code words. They talk round it. You canāt trust what youāre hearing but you can trust the metadata. Thatās the reason that metadata is often more intrusive.
Metadata can be analogised to the details that a private eye ⦠produces in the course of their investigation. For example, the private eye might follow you to a diner where you meet a friend, you meet a lover. They see who you meet, they see where you met, they see when you went there and they may even know the broad details of the topics of your conversation, but they wonāt have gotten the full content. They wonāt have gotten close enough to expose themselves and hear everything youāve said.
Whatās happened with these programmes is governments in the United Kingdom, for example, the United States and other western governments, as well as much less responsible governments around the world, have taken it upon themselves to assign private eyes to every citizen in their country and around the world to the best of their ability. It happens automatically, pervasively, and itās stored on databases, whether or not itās needed.
Germany
I think itās unfortunate that we see in a number of states ā and this is particularly well represented in western Europe ā [that] the priorities of governments seem to be very distinct from the desires of the public. I think itās unfortunate when, for example, in Germany evidence has revealed that the NSA is spying on millions of German citizens ⦠and thatās not a scandal. But when Angela Merkelās cell phone is listened [in] on and she herself is made a victim, suddenly it changes relations.
We shouldnāt elevate senior officials. We shouldnāt elevate leaders above the average citizen because, really, who is it that theyāre working for? You know the public interest is the national interest. You know the priorities of the NSA should not take precedence over the needs of the German population.
A consensus is growing that the status quo is no longer tenable, that things must change and the public has to have a say in the way the government operates its surveillance apparatus and where the lines are drawn on the boundaries of our rights.
I think itās surprising in Germany that theyāve asked for me to testify as a witness and aid their investigation into mass surveillance but at the same time theyāve barred me from entering Germany. Thatās led to an extraordinary situation where the search for truth has been subordinated to political priorities ⦠I think it does a disservice to the broader public. ⦠Thatās probably too political. I hate politics. Really, I mean, this is not me, you know. I hope you guys can tell the difference.
Compromising the security of the web itself
A back door in a communications system, in an internet system, in an encryption standard is basically a secret method of getting around the security of those communications. Itās a way of subverting all of the privacy claims, all of the security claims that a company or a standard makes to the people who use a product or service.
The danger of building back doors like that, for example the Bullrun program where the NSA and GCHQ were shown to be collaborating and weakening the encryption standards that the entire internet relies on, means that when youāre accessing your bank account online there could be a secret weakness there that allows our western governmentsā security services to monitor your bank details.
What people often overlook is the fact that when you build a back door into a communication system that back door can be discovered by anyone around the world. That can be a private individual, that can be a security researcher at a university, but it can also be a criminal group. It can also be a foreign intelligence agency but, say, the NSAās equivalent in a deeply irresponsible government in some foreign country. And now that foreign country can scrutinise not just your bank records, not just your private transactions but your private communications all around the internet and in every institution ⦠that relies upon these standards ā whether itās Facebook, whether itās Gmail, where itās Skype, whether itās Angry Birds. Suddenly youāve been made electronically naked as you go about your activities on the internet.
That decision wasnāt debated by any public body, it wasnāt authorised by any legislator. In fact, at least in the United States in the 1990s, law enforcement agencies asked specifically for this sort of back door access to internet communications. And our elected representatives in Congress rejected it. They said it was a violation of our civil rights and it was an unnecessary risk to the security of our communications, and so they shut it down.
But what we see is that 10 years later, instead of going back to Congress and asking again, they simply went ahead, and the intelligence community ⦠said: āWeāre going to do this. It doesnāt matter what Congress says. It doesnāt matter what the public thinks. Weāre going to do this because it provides us an advantage.ā
And the consequences of that today are unknown because we could have foreign adversaries exploiting those back doors that intelligence agencies in countries like the United Kingdom, intelligence agencies like GCHQ, put into our communications ⦠and we have no idea that itās occurring.
What last yearās revelations showed us was irrefutable evidence that unencrypted communications on the internet are no longer safe and cannot be trusted. Their integrity has been compromised and we need new security pro[grams] to protect them. Any communications that are transmitted over the internet, over any networked line, should be encrypted by default. Thatās what last year showed us.
Privacy
Of course we can imagine hypotheticals in which some sort of mass surveillance system, facial recognition system, would be effective in preventing crime. In the same way we can imagine hypotheticals in which, if we allowed police to enter our homes freely and search them when weāre gone at work, weād be able to discover elements of crime and drug use and any kind of social ill. But we draw the line, and we have to draw that line somewhere. The question is, why are our private details that are transmitted online, why are our private details that are stored on our personal devices, any different [from] the details and private records of our lives that are stored in our private journals?
There shouldnāt be this distinction between digital information and printed information. But governments, in the United States and many other countries around the world, increasingly seek to make that distinction because they recognise that it actively increases their powers of investigation.
Whether technology is compatible with privacy
Absolutely. Technology can actually increase privacy but not if we sleepwalk into new applications of it without considering the implications of these new technologies.
Any new technology when applied at scale, when networked, basically creates a new mesh of sensors in our lives that detect something ā they could be changes in the weather, they could be our calling habits, they could be the way we purchase things, they could be the things we like, they could be the temperature we like our bathtubs.
If we donāt consider the implications of these new technologies as we develop and apply them, it could be dangerous. But as we increase our level of sophistication about the threats represented by new technologies as theyāre rolled out, we can balance the capabilities of these technologies with protections that are engineered in them to make sure that these details about ourselves, about our lives, about the way we live, are only seen by those that should truly have access to them.
Most reasonable people would grant that privacy is a function of liberty. And if we get rid of privacy, weāre making ourselves less free. If we want to live in open and liberal societies, we need to have safe spaces where we can experiment with new thoughts, new ideas, and [where] we can discover what it is we really think and what we really believe in without being judged. If we canāt have the privacy of our bedrooms, if we canāt have the privacy of our notes on our computer, if we canāt have the privacy of our electronic diaries, we canāt have privacy at all.
When he last read Nineteen Eighty-Four
Actually quite some time ago. Contrary to popular belief I donāt think we are exactly in the Nineteen Eighty-Four universe. The danger is that we can see how [Orwellās] technologies that are [in] Nineteen Eighty-Four now seem unimaginative and quaint. They talked about things like microphones implanted in bushes and cameras in TVs that look back at us. Nowadays weāve got webcams that go with us everywhere. We buy cell phones that are the equivalent of a network microphone that we carry around in our pockets with us voluntarily as we go from place to place and move about our lives.
Nineteen Eighty-Four is an important book but we should not bind ourselves to the limits of the authorās imagination. Time has shown that the world is much more unpredictable and dangerous than that.
The politics and oversight of intelligence
Thatās probably ⦠the single most important factor that explains the failures [in] oversight that weāve seen in almost every western government. Normally the people who are overseeing intelligence agencies are the most senior members of a public body, theyāre the civil servants who have been around longer than the furniture. And itās because they feel these people can be trusted, theyāve been here, theyāve got their heads in the right place.
But we need to think of it in terms of literacy, because technology is a new system of communication, itās a new set of symbols that people have to intuitively understand. Itās like something that you learn, ⦠just like how you learn to write letters in school. Youāve learned to use computers and how they interact, how they communicate. And technical literacy in our society is a rare and precious resource. This is why so many IT consultants who basically just fix printers make very good salaries, because not everybody knows this stuff. And we need this in government, we need advocates, we need specialists, we need experts, [who] work in the service of these senior civil servants and so on, and they can aid and explain and interpret in the same way [as a] foreign language interpreter.
The critical question is, do we want public policies regulating intelligence agencies, or do we want intelligence agencies that determine their own policies, that determine their own regulations, that we have no control or oversight over? And I think that is a critical distinction.
Whether he will give evidence to the UKās intelligence and security committee
I think in general itās appropriate for any legislative body to hear from someone ⦠in person. There are of course circumstances where itās not possible. But if youāre talking about actual witness testimonies versus expert testimony, I think itās valuable that you actually make sure that theyāre in person, on the floor of parliament, so youāre not accidentally or incidentally exposing them to unnecessary legal liability.
The incident forcing Bolivian president Evo Moralesās plane to land
I was like first off, wow, their intelligence sucks, from listening to everything ⦠But two, are they really going to the point of completely humiliating the president of a Latin American nation, the representative of so many people, the only indigenous president around there? It was just shockingly poorly thought out and yet they did it anyway, and they keep, they kept at these sort of mistakes ⦠I almost felt like I had some friend in government just saying: āOh yes, do that, absolutely, itās great.ā
His life in Russia and whether people recognise him
Thereās actually not that much difference. You know, I think there are guys who are just hoping to see me sad. And theyāre going to continue to be disappointed. ⦠I donāt live in absolute secrecy. I live a pretty open life. But ⦠I donāt want to be a celebrity, I donāt want to go somewhere and have people pay attention to me, just as I donāt want to do that in the media. There are much more important issues in the world than me and whatās going on in my life and we should be focusing on those.
What I buy at the grocery store shouldnāt really be of interest to anyone. And if Iām recognised, Iām recognised. My daily life in my estimation isnāt of interest to anybody.
I get recognised. Itās a little awkward at times because my Russianās not as good as it should be. Iām still learning. But yeah, every now and then somebody does. [He refuses to give a demonstration] The last thing I want is clips of me speaking Russian floating around the internet.
[On being pictured on a Moscow tourist boat] Right, I didnāt look happy in that picture. [On pushing a loaded shopping trolley across a road] You know I actually donāt know because it was so far away and it was blurry. I mean it could have been me.
[On allegedly going out in disguise] Before I go to the grocery store, I make sure to put on, you know, my Groucho Marx glasses and nose and moustache⦠No, I donāt wander around in disguise.
Iām much happier here in Russia than I would be facing an unfair trial in which I canāt even present a public interest defence to a jury of my peers. Weāve asked [the] government again and again to provide a fair trial and theyāve declined. And I feel very fortunate to have received asylum. Russiaās a modern country and itās been good to me so, yeah, I have a pretty normal life and I would absolutely like to continue to be able to travel as I have in the past. Iād love to be able to visit western Europe again but thatās not a decision for me to make, thatās for the publics and the governments of each of those independent countries.
Learning Russian and reading Dostoevsky
My Russian and my mastery ofĀ DostoevskyĀ are both less developed than they could be but I enjoy it. Brothers Karamazov, I think that is on the list next. I enjoy learning and itās been a really good experience.
I read a lot of political books nowadays. I try to increase my sophistication to match my environment. Currently, Iām reading a Dan Ellsberg memoir, Secrets, about his release of the Pentagon papers.
Being under surveillance
I donāt detect surveillance oppressively, actively, but I think itās reasonable to assume that I am under surveillance. Anyone in my position surely is subject to some surveillance but you take the precautions you can to make sure that even if you are under surveillance, thereās no sensitive information for you to expose.
How he spends his time
Recently, Iāve been spending a lot of time thinking about press freedom issues in addition to the ordinary individualās private communications, and Iāve been partnering with civil liberties organisations to see where we can contribute and try to create new tools, new techniques, new technologies that will make sure our rights are protected regardless of the status of law in a given jurisdiction.
Imagine an app or a cell phone or an operating system for a cell phone or a small device, anything that would allow people to have free and ready access to meaningfully secure communications platforms that donāt require sophistication to use and operate.
We may be able to rely on the possibility of reform in the United States, the United Kingdom, some other modern developed democracy. But there are a lot of people in a lot of places who canāt rely on that. And so, moving forward, Iām going to be spending more and more time trying to create new tools that guarantee rights to them that may not be available through legal guarantees. Because something that we so often forget in the dialogue about security versus privacy is [that it is] really a misstatement of the issue, which is liberty versus security.
The Boston marathon bombing
Despite the fact that the communications of everybody in America were currently being intercepted, they didnāt catch the Boston bombers, despite the fact that the Russian intelligence service specifically warned the FBI that these individuals were known to be associated with Islamic terror groups.
We didnāt actually fully investigate them, we just made a cursory visit and went back to all of our keyboards looking at everybodyās emails and text messages.
The question of the Boston bombings is not what kind of mass surveillance do we put the whole of society under to prevent every possible perceivable crime that might happen in future, the question is why didnāt we follow up when ⦠we were specifically warned about these individuals, and they then later turned out to be a real threat. What we have learned in case studies of terrorism over the last decade ⦠is that almost every terrorist act that is uncovered, almost everyone whoās convicted, successfully prosecuted, put in jail, every plot that is disrupted, is not a product of mass surveillance, itās not a product of the kind of indiscriminate surveillance we see today. Theyāre all products of targeted surveillance, traditional surveillance, the kind of boots on the ground, investigate and learn, done by real investigators interviewing real people and following specifically justified leads that occurred as a process of investigation. No single terrorist act, including the Boston bombs, was ever caught as a result of mass surveillance in the United States. And those numbers are similar around the world as I understand it.
It seems reasonable to expect when we have clear evidence that these programs are ineffective, we should take resources out of ineffective mass surveillance programs and re-allocate them toward the sort of traditional targeted surveillance thatās been shown to be effective for hundreds of years.
Technology in general
[Does he use dropbox?] They just put Condoleezza Rice on their board, who is probably the most anti-privacy official you can imagine, sheās one of the ones who oversaw Stellar Wind and thought it was a great idea. So theyāre very hostile to privacy. While we may not see immediate revolutionary change, the reality is that technology workers represent an important class that provides an important service to society.
They possess a unique level of technological literacy that allows them to work against our common rights or for them. And what Iāve seen over the last year is that there is a tremendously strong consensus among technology workers that our private communications should stay private, that we should increase protections against this sort of overreach and abuse by intelligence agencies, and that mass surveillance should not be an issue.
[Why should we trust Google any more than we trust the State?] For one you donāt have to. Association with Google is voluntary. But it does raise an important question. And I would say, while there is a distinction in that ā Google canāt put you in jail, Google canāt task a drone to drop a bomb on your house ā we shouldnāt trust them without verifying what their activities are, how theyāre using our data.
We should have some kind of civil protection, some kind of civil actions that provide for recourse and the review of companiesā use of data. And we need to have at least a broad social agreement about where these lines should be drawn without unnecessarily harming new models of business and new services that we might not be able to anticipate today that weāll need tomorrow. ⦠I donāt use Google. I have used Skype and Google hangouts, which are great but unfortunately security compromised services, for public talks where theyāve been required but I wouldnāt use it for personal communications.
I think everybody has some exposure to proprietary software in their lives, even if theyāre not aware of it. Your cell phones for example are running tons and tons of proprietary code from all the different chip manufacturers and all of the different cell phone providers.
We are moving very slowly but meaningfully in the direction of free and open software thatās reviewable, or, even if you canāt do it, a community of technologists [who] can look at what these devices are really doing on the software level and say, is this secure, is this appropriate, is there anything malicious or strange in here? That increases the level of security for everybody in our communities.
We donāt want to see a fragmentation of the internet. That doesnāt serve anybodyās interests, whether itās in Brazil, whether itās in Germany or any other country in the world. What we need, we need common protocols that protect data, that protect communications regardless of the jurisdiction through which they transmit.
For example, you wouldnāt want a French citizen who sends a network communication that goes to a service in the United States to have that communication monitored or manipulated or reviewed in every country that it transits through. And the same thing in reverse. And if that applies in European countries, that should also apply in Latin American countries, that should apply in Asian countries, that should apply in African countries.
And the only way thatās going to happen is by improving the security of our common stand, itās about the way we communicate in general on the internet, the underlying infrastructure across which we all communicate.
Criticisms about the damage he caused
The fact that people know communications can be monitored does not stop people from communicating ⦠because the only choices are to accept the risk of being monitored or to not communicate at all. And when weāre talking about things like terrorist cells, nuclear proliferators ā these are organised cells. These are things an individual cannot do on their own. So if they abstain from communicating weāve already won. If weāve basically talked the terrorists out of using our modern communications networks, we have benefited in terms of security ā we havenāt lost in terms of security.
[On claims he was weakening the democracy he professed trying to protect] What those intelligence officials are arguing is that democracy is unsustainable as a model, that the public canāt be entrusted to make those decisions, that we should give up on them and move to an authoritarian system of government. But I think the public, when we look at this independently and make our own decisions, weāre not swayed by these overblown claims of harm that are never backed up in the evidence. The question that these intelligence agencies are asking us is, do we want to live in a democracy where we may face some occasional risk from actual harm, which we cannot predict and we cannot protect ourselves from? Or would we rather live under a Chinese model or a Russian model where itās a more controlled society, but itās also less free?
The question is not what government surveillance programmes can the public know about, itās a question of to what detail. Weāve seen all of these spy chiefs come out and say the atmosphereās going to boil off ⦠the world is going to end, the skyās falling, and yet it hasnāt happened in any case at all. So the only people who are rubbing their hands with glee are the reformers who are seeing more and more evidence that the governments overreached here and are incapable of defending claims that they made again and again and again since these publications started.
I can tell you right now that in the wake of the last year there are still terrorists getting hauled up, there are still communications being intercepted. You know there are still successes in intelligence operations that are being carried out all around the world.
Criticisms about hypocrisy and selective outrage
People say youāre either naive or have double standards. Every country in the world does this. And thatās actually not true. I mean surely not every country in the world even has the resources for an intelligence agency. If we say, okay what about top class intelligence agencies? Are they all doing the same thing? We can see the answer is no.
Somebody has to be first, somebody has to develop the technology, somebody has to apply the technology and thatās what weāre seeing. Weāre seeing the United States, and other countries in the five eyes alliance, breaking new ground on how to intrude on the private lives of both legitimate targets and everyone else whoās caught up in the dragnet surveillance.
Additionally, we know for a fact that some countries do not spy in the same manner that we do. People can claim selective outrage but when weāre finding ⦠CIA spy after CIA spy in Germany week by week but weāre not finding any German spies in the United States and the German government claims that it doesnāt have those kind of spies you know thereās no evidence to make these kind of claims.
Again, if weāre going to argue that this is the case we should probably show proof, some sort of evidence, even the tiniest shred, simply an indication that itās occurring before we claim it as fact. It may be that by seizing all of the records for private activities, by watching everywhere we go, by watching everything we do, by monitoring every person we need, by analysing every word we say, by waiting and passing judgment over every association we make and every person we love, that we could uncover a terrorist plot or we could discover more criminals. But is that the kind of society we want to live in? That is the definition of a security state.
Do we want to live in a controlled society or do we want to live in a free society? Thatās the fundamental question weāre being faced with.
Criticisms about his links with Russia
The fact that I didnāt bring any classified material with me to Russia means that even if this is a Gulag state, my fingers are being broken every night and Iām being beaten with chains, thereās nothing for them to gain. So I think those fears are overblown. What people donāt understand about the intelligence community is itās not that we have a finite list of sources and methods, we go on the shelf, we take something off, we use it for spying then we put it back on the shelf. And if thatās destroyed itās a permanent hole, weāll never get it back.
[The] intelligence community in the United States and any intelligence agency is much more analogous to a factory that creates ⦠methods of gathering intelligence. If I happen to know something amazing about an intelligence program and I were beaten or tortured or somehow compromised into giving up this information, it would only be valid for a tiny period. And since the governments that I did work for knew what I had access to, theyād be able to shut those programs down. They would be able to detect a compromise.
The intelligence community knows that Iām not working for any foreign government at all. They anonymously stated to the Washington Post that Iām not an agent of any foreign power, they donāt have a warrant out on that basis. And thatās because if I were providing information that I know, thatās in my head, to some foreign government, the US intelligence community would be able to detect that. They would see changes in the type of information thatās going through it. They would see sources go dark that were previously productive. They would see new sources of disinformation appearing in these channels and that hasnāt happened.
[It] just looks bad being in Russia. So the first thing to understand is that I never sought to be [in] Russia. I never actively sought out protection here. The state department stranded me in Russia as I was transiting through on my way to Latin America. But I would say, if my reputation is harmed by being here, there or any other place thatās okay because itās not about me.
My reputation is not worth anything ⦠What matters are how people feel about these issues, regardless of your opinion of me. What matters are your rights and how theyāre being infringed.
Iāve been totally open about the fact that I disapprove of the majority of the recent laws in Russia on internet censorship and surveillance. I think itās entirely inappropriate for any government in any country to insert itself into the regulation of a free press.
We donāt want government officials making decisions about we, as a public, what we can and cannot know, what we can and cannot print and how we can and cannot live and I stand by that.
[On Edward Lucas who calls him a āuseful idiotā] Yeah. Heās crazy. Heās not credible at all. ⦠Weāve got a new director of the National Security Agency, Michael Rogers, who just came in. He has full access to all classified information. He has full access to the details of the investigation into me.
He has concluded and stated publicly, I believe to both press and to Congress, that I am probably not a Russian spy. Thereās no evidence for it at all.
If the government had the tiniest indication, the tiniest shred of evidence that, not even that I was working for the Russian government, that I was associating with the Russian government, it would be on the front page of the New York Times by lunch time.
There are always going to be conspiracy theories. People are always going to cast aspersions on people regardless of their activities if theyāre in a place under a government thatās unpopular. I understand that because I myself disapprove of many of the policies of the Russian government. But itās fundamentally irresponsible and journalistically dishonest to accuse someone of working for a foreign government as an agent of foreign power when thereās no evidence at all to support it. And Iām not going to respond to every single conspiracy theory that these crackpots online cook up.
Ultimately it just doesnāt make sense. If I was a Russian spy I would have flown from Hawaii to Moscow. Why would I have gone to Hong Kong? Why did he go to India [part of Lucas conspiracy theory]? Thereās a whole thing that I went there unauthorised. Itās bullshit, I was on official visits, working at the US embassy. You know, itās not like they didnāt know I was there ⦠and the six-day course afterwards ā it wasnāt a security course, it was a programming course, but it doesnāt matter.
Whether he has read all the documents
I made my own determination broadly about where lines should be drawn, however I felt it was very important that journalists be able to make an independent assessment of what information would be in the public interest to know. And they canāt do that unless they have evidence of both programs [that] are justified and evidence of programs [that are] unjustified.
If they only had information about programmes that were clearly criminal it might paint a misleading image of the activities of our intelligence agencies and slant perceptions to make them all the villains that theyāre not. These are good people trying to do hard work under hard conditions.
Why so many documents
If journalists only report on things that are civil liberties, human rights violating programs, and they donāt seem legitimate, justified programs that do help keep us safe, that do help us in our time of war, that do protect critical infrastructure, and again the broad outlines, not every detail, but enough to show that there are good uses and good purposes of these, we would actually be misled by the press as opposed to be served by the press.
I recognised that I canāt make that decision about the impressions we should be giving. That should be made by journalists, independently, by their institutions or editors.
The obligation on professionals to change their digital ways
An unfortunate side effect of the development of all these new surveillance technologies is that the work of journalism has become immeasurably harder than it ever has been in the past. Journalists have to be particularly conscious about any sort of network signalling, any sort of connection, any sort of licence plate reading device that they pass on their way to a meeting point, any place they use their credit card, any place they take their phone, any email contact they have with the source because that very first contact, before encrypted communications are established, is enough to give it all away.
No matter how careful you are from that point on, no matter how sophisticated your source, journalists have to be sure that they make no mistakes at all in the very beginning to the very end of a source relationship or theyāre placing people actively at risk. Lawyers are in the same position. And investigators. And doctors.
Itās a constantly increasing list and one that weāre not even aware of today. I would say lawyers, doctors, investigators, possibly even accountants. Anyone who has an obligation to protect the privacy interests of their clients is facing a new and challenging world and we need new professional training and new professional standards to make sure that we have mechanisms to ensure that the average member of our society can have a reasonable measure of faith in the skills of all the members of these professions.
If we confess something to our priest inside a church that would be private, but is it any different if we send our pastor a private email confessing a crisis that we have in our life?
His future
I made it very clear that Iād like to return to the United States and if the possibility for a fair trial existed, that would be something that could be pursued.
[On his position as rector of Glasgow University?] Iām actually in talks now to try to create a method for holding rectorās surgeries, to be able to talk directly to the students and see what I can do, if anything, to help elevate their concerns and make sure they get fully addressed by the university community. Unfortunately, my personal situation, my security situation, has made it difficult to visit directly, but weāre actually trying to find a way so Iām not actually confined to a screen but I can actually travel and speak to people directly.
Whether he stays fit
[Iām] probably three steps from death. I mean I donāt eat a whole lot. I keep a weird schedule. I used to be very active but just in the recent period Iāve had too much work to focus on.
The future of intelligence
Iām overly idealistic, because Iām not sure that political reform is going to be the thing that really protects our rights in the future on the issue of digital communications. Iām not sure thereās appetite in government to enshrine those protections. I think technical systems can fill that gap to a large extent, because we can encode our systems and values into the protocols that we use to protect [our] relations.
Itās likely to end up in the Supreme Court ⦠and in Europe. Impending court decisions are, in my estimation, likely to introduce additional pressures on to legislators to pass meaningful reform.
We need to recognise that people have an individual right to privacy but they also have a collective right to privacy. Nobody should have their communications seized and stored for an indefinite period of time without any suspicion or justification, without any suspicion that theyāre involved in some sort of specific criminality. Just as it would be for any other law enforcement investigation.
Telecommunications providers need to recognise that the interests of their customers come before the interests of any given state. Today, the standard response to any criticism that they face about participation [in] intrusive programs is āwe follow the laws of X country when we operate in that countryā.
Now that may be true, and that may be legally wise, but that doesnāt mean theyāre exempt from advocating for the rights of their customers. When weāre trusting them with the most intimate details of our lives, when weāre entrusting our private records to their care, they need to make sure that theyāre a responsible advocate to us as customers, not just legally but socially. And that means they need to use their lobbying abilities, they need to use their commercial clout to force the government to be more responsible in whatever jurisdiction it is, in safeguarding our public interests.
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