nsa

More NSA Spying Fallout: Groklaw legal site shuts over fears of NSA email snooping

Pamela Jones shuts award-winning site, saying concerns that messages could be read mean that ‘there is now no shield from forced exposure’

Groklaw has shut, with its founder saying she fears surveillance of emails sent to the site

The award-winning legal analysis site Groklaw is shutting because its founder says that “there is no way” to continue to run it without using secure email – and that the threat of NSA spying means that could be compromised.

“There is now no shield from forced exposure,” writes the site’s founder, Pamela Jones, an American paralegal who has run the site from its start in 2003, in a farewell message on the site.

Jones cites the revelations that the US National Security Agency (NSA) can capture any email, and can store encrypted email for up to five years, as having prompted her decision to shutter the site: “the simple truth is, no matter how good the motives might be for collecting and screening everything we say to one another, and no matter how “clean” we all are ourselves from the standpont of the screeners, I don’t know how to function in such an atmosphere. I don’t know how to do Groklaw like this,” she writes.

The abrupt decision – which Jones had not hinted at in any previous article since the revelations about the extent of the NSA’s surveillance first came out in June – shocked people.

Privacy International criticised the climate that had led to Jones’s decision. “The closing of Groklaw demonstrates how central the right to privacy is to free expression. The mere threat of surveillance is enough to [make people] self-censor”, it said in a statement.

“Andrea”, a core developer on the Tor project – which provides anonymous communication online – said on Twitter: “This is exactly how it begins – chilling effects accumulate until the few who still speak out are easy targets.”

Jones cited the warning from the founder of the Lavabit encrypted email service, who earlier this month closed it down rather than comply with an NSA order, as being a key part of her decision. “There is now no shield from forced exposure. Nothing in that parenthetical thought list is terrorism-related, but no one can feel protected enough from forced exposure any more to say anything the least bit like that to anyone in an email, particularly from the US out or to the US in, but really anywhere. You don’t expect a stranger to read your private communications to a friend.”

Groklaw relied in some cases on email tips from readers and other anonymous sources. Its name was meant to indicate that it would help people to “grok” – understand deeply – legal issues relating to technology law topics.

Posted at 2.40am EDT on Tuesday, Jones’s move comes just hours after Guardian editor Alan Rusbridger revealed that the UK government threatened court action to force the paper to surrender material it had obtained relating to UK and US surveillance. GCHQ experts monitored the destruction of computers and hard drives in the Guardian’s offices.

On Groklaw, Jones writes: “I’m not a political person, by choice, and I must say, researching the latest developments convinced me of one thing — I am right to avoid it.” She says that her reasoning about the closedown is the risk of exposure for people sending her information: “They tell us that if you send or receive an email from outside the US, it will be read. If it’s encrypted, they keep it for five years, presumably in the hopes of tech advancing to be able to decrypt it against your will and without your knowledge. Groklaw has readers all over the world.”

Set up in May 2003, Groklaw first came to fame through its analysis of a case involving SCO, a technology company which claimed that the free Linux operating system infringed a number of patents that it owned.

More recently, it has focussed on the multiple patent fights being fought between Samsung and Apple, and was a vociferous critic of the jury deliberations in the Apple-Samsung legal case fought in California in which Apple was awarded $1bn in damages.

The site won a number of awards for blogging and was nominated a number of times for awards by organisations including the Electronic Frontier Foundation and American Bar Administration.

Jones confirmed the move in a tweet from the Groklaw Twitter account: “This is the last Groklaw article. Thank you for all you’ve done. I will never forget you and our work together.”

 

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NSA2

 

from the the-pain-of-being-watched dept
A few months ago, after the NSA spying stories first broke, we wrote about a bit from This American Life where the host, Ira Glass, was interviewing lawyers for prisoners detained at Guantanamo, about the impact of knowing that the government was listening in on every single phone call you made. The responses were chilling. The people talked about how it stopped them from being emotional with their children or other close friends and relatives. How they had trouble functioning in ways that many people take for granted, just because the mental stress of knowing that you have absolutely no privacy is incredibly burdensome. PJ, the dynamo behind Groklaw, has written a powerful piece explaining the similar feeling she’s getting from all the revelations about government surveillance, in particular the shutting down of Lavabit by Ladar Levison, and his suggestion that if people knew what he knew about email, they wouldn’t use it.

Because of this, she’s shutting down Groklaw.

You really need to read the entire piece, but it clearly lays out the sort of mental anguish that you get with the realization that what you thought was private and personal, might not be any more. She compares it to the feeling of having her apartment robbed, and the creepy feeling you get that some stranger was riffing through all of your personal belongings. And, from there, she riffs on the importance of privacy and intimacy, and how the totalitarian state takes those things away, quoting a powerful passage from Janna Malamud Smith’s book Private Matters. You should go read the full quotes, but it notes the psychological impact of not having privacy.

And that’s how PJ feels right now. The fact that the NSA is collecting all emails in or out of the US, as well as all encrypted messages, means that it’s impossible to have that privacy and intimacy that she feels is necessary to run the site:

There is now no shield from forced exposure. Nothing in that parenthetical thought list is terrorism-related, but no one can feel protected enough from forced exposure any more to say anything the least bit like that to anyone in an email, particularly from the US out or to the US in, but really anywhere. You don’t expect a stranger to read your private communications to a friend. And once you know they can, what is there to say? Constricted and distracted. That’s it exactly. That’s how I feel.

So. There we are. The foundation of Groklaw is over. I can’t do Groklaw without your input. I was never exaggerating about that when we won awards. It really was a collaborative effort, and there is now no private way, evidently, to collaborate.

I’m really sorry that it’s so. I loved doing Groklaw, and I believe we really made a significant contribution. But even that turns out to be less than we thought, or less than I hoped for, anyway. My hope was always to show you that there is beauty and safety in the rule of law, that civilization actually depends on it. How quaint.

What amazes me in all of these discussions concerning the defenders of such surveillance is that they never even seem able to comprehend the psychological impact of what all of this does. The way people change their behavior when they’re being watched constantly, and what that can do to a person.

The fallout from all of this NSA surveillance will take a very, very long time to measure, but it will be profound. The government, again, has put so much emphasis on the “benefit” of preventing an exceptionally low probability event, that it barely even considers the massive costs on everyone else. PJ isn’t shutting down Groklaw for the same reasons as Lavabit shut down. But it is the same root cause. The power of a surveillance state to spin out of control has wide-reaching consequences. It’s difficult to see how anyone can claim it’s worth the costs.

My personal decision is to get off of the Internet to the degree it’s possible. I’m just an ordinary person. But I really know, after all my research and some serious thinking things through, that I can’t stay online personally without losing my humanness, now that I know that ensuring privacy online is impossible. I find myself unable to write. I’ve always been a private person. That’s why I never wanted to be a celebrity and why I fought hard to maintain both my privacy and yours.

Oddly, if everyone did that, leap off the Internet, the world’s economy would collapse, I suppose. I can’t really hope for that. But for me, the Internet is over.

So this is the last Groklaw article. I won’t turn on comments. Thank you for all you’ve done. I will never forget you and our work together. I hope you’ll remember me too. I’m sorry I can’t overcome these feelings, but I yam what I yam, and I tried, but I can’t.

I find this deeply upsetting on many levels, not the least of which is that Groklaw is a needless casualty in a stupid power struggle among weak-minded, power hungry government officials who don’t even seem to comprehend what a mess they’ve created.

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