Obama, NSA Surveillance, and the Future of the American Information Technology Industry

I’m currently reading 1913: In Search of the World Before the Great War, by Charles Emmerson. The book describes the social and political climates then existing not only in the major European countries, but also in other places around the world, ranging from Australia to Canada to China.

In his description of Jerusalem–then under control of the Ottoman Empire but with a population including residents and pilgrims from many countries–the author says:

Different countries even had their own postal services, circumventing the Ottoman telegraph service, which was widely thought to be a nest of spies reporting communications back to Constantinople.

Fast forward 100 years….In the wake of the reports concerning NSA surveillance programs, there is widespread concern..among non-Americans as well as among citizens of this country…that the American telecommunications and information-processing services may be “a nest of spies” reporting communications back to Washington…and from there, possibly, to other shadowy recipients. These concerns may have serious economic ramifications.

See, for example, Forbes–NSA Surveillance Threatens US Competitiveness:

Non-US customers of any US business will immediately evaluate their exposure to these new risks and look for alternatives. European, Canadian, and Australian tech companies will profit from this. Competitors in those regions will offer alternatives that will also draw US customers away from the compromised US services.

Washington Post–European Leaders Raise Concerns on US Surveillance

“The German business community is on high alert,” said Volker Perthes, director of the German Institute for International and Security Affairs. “It’s not just about listening in on some bearded guy from Ulm who bought a ticket to Afghanistan and makes conversation with his friends in Waziristan.  .”‰.”‰.  The suspicion in large parts of the business sector is that Americans would also be interested in our patent applications.”

Popular Mechanics–Why the NSA Prism Program Could Kill US Tech Companies:

Think for a second about just how the U.S. economy has changed in the last 40 years. While a large percentage of our economy is still based in manufacturing, some of the most ascendant U.S. companies since the 1970s have been in the information technology sector…

Let’s say you ran a business in (Japan, India, Australia, Mexico, or Brazil)  that relied upon information services from a U.S. company. Don’t these revelations make using such a service a business liability?  

See also Business Insider–Did Obama Just Destroy the US Internet Industry?

 

I don’t think these revelations, even if they are fully validated, will really “kill” US tech companies or “destroy” the US Internet industry…the headlines are a bit over the top, as headlines often are. I do believe, however, that the American information technology industries will be significantly harmed, with implications for the entire US economy…something that we really cannot afford at this particular point in time.

I think it is obvious that the US government needs to conduct anti-terrorist surveillance programs, which must encompass telecommunications networks…the idea that NSA should be abolished, as some have suggested in recent days, is to my mind very unwise. But non-Americans as well as Americans have every right to be concerned about the scope of what has apparently been going on, and the apparent lack of proper controls, and furthermore, to raise questions about how the information gathered is actually being used.

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Archive Post: The Shape of Things to Come … And Go

(Just for fun, from out of my NCOBrief archives, an essay from July, 2010.)
You know, out of all of the things that I was afraid might happen, after the presidential coronation of Obama, the Fresh Prince of Chicago . . . I never considered that race relations might be one of those things which would worsen. Hey lots of fairly thoughtful and well-intentioned people of pallor voted for him, with varying degrees of enthusiasm, or at least in some expectation of him being a fairly well adjusted and centrist politician, or at least a fast learner. Wasn’t that what all the top pundits, and the mainstream media were insisting, all during the 2008 campaign . . . well, once they got up from their knees and wiped the drool off their chins.

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When Nixon Meets RICO, Obama’s Real IRS Problem

Over the week end of May 18-19 2013 the Obama Administration official Dan Pfeiffer went out and spun the IRS scandal saying “The law is irrelevant”. On the contrary, the law is very much relevant to the IRS scandal, including prohibitions against specific acts by IRS personnel and more general laws of which the ones to watch concern private civil actions for damages under the federal Racketeering, Influence and Corrupt Organizations (RICO) Act (18 USC 1961, et seq.) and Civil Rights Act (42 USC 1983, et seq.). There is every possibility that the victims of the IRS’s suppression of Obama political opponent free speech rights will sue the IRS and individual IRS employees under the civil rights and civil RICO laws for a $150-to-$650 million legal payday.

Remember, _THE IRS CONFESSED_. There is no argument that it admitted some of its actions concerning Tea Party organization tax-exempt applications were unlawful, i.e.., illegal. It is obvious that the IRS and its staff engaged in an organized multi-work unit, multi-state, plus Washington DC Headquarters, wide conspiracy to suppress the Tea Party. The IRS unlawfully applied special rules to Tea Party applicants that it did not to others and that conspiracy prevented them from exercising their free speech rights for the 2010 and 2012 election cycles.

It also is very clear that the IRS — via the questions it was asking the Tea Party and other religious non-profits — was busy creating a quite extensive Nixonian/Ailinskyite ENEMIES LIST for future use in intimidation and the depriving Obama Administration political opponents of their Constitutional Rights.

Those are classic CONSPIRACY AGAINST RIGHTS (18 USC 241) and DEPRIVATION RIGHTS UNDER COLOR OF LAW (18 USC 242) violations.

See these criminal federal civil rights statutes, whose violation gives rise to civil liability for damages too:

Conspiracy Against Rights (18 USC 241)
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

and

Deprivation Rights Under Color of Law (18 USC 242)
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both;

and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

That is the criminal side of things.

The problem AG Holder is going to suffer obstructing discovery in civil rights and civil RICO lawsuits against the IRS is that criminal prosecutions and civil suits for damages proceed in tandem. The civil suits aren’t stayed by criminal prosecutions on the same subject, let alone by criminal “investigations” short of prosecutions.

The IRS “Special Group’s” delay of tax exempt status prevented Tea Party NGO’s from fund raising and participating in two political cycles (2010 and 2012) by educating “low information voters” as to the political issues of the day, like the National Rifle Association does. The NGO’s whose applications for tax-exempt status were slow-rolled can claim “trade and business” damages under Civil RICO provisions of Federal law. And the Supreme Court of the USA decided decades ago that criminal acts by the Federal government “under the color of law” do not qualify for sovereign immunity under the Federal supremacy clause of the constitution.

To quote a lawyer I know

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Another (apparent) Case of Politically-Driven Government Abuse of a Small Business

Catherine Engelbrecht and her husband own a small manufacturing business.

Catherine dared to express political opinions and organize political activities which were not to the liking of the Obama administration and its left-wing allies. Very quickly, Engelbrecht Manufacturing found itself facing inquiries from the IRS and the FBI and OSHA and the ATF.

Read Catherine Engelbrecht’s story here.

Of course, we can’t be sure–and Catherine can’t be sure–that these investigations were politically-motivated. Maybe the aggregate of separate actions by separate agencies was merely a matter of chance. It seems about as likely as being hit on the head by a meteor, but it’s possible.

And it is specifically this impossibility of knowing what is really behind discretionary activities on the part of large and powerful government bureaucracies (absent legal action forcing the agencies to reveal their internal documents and discussions, which most people will not be able to afford) that makes this sort of thing so frightening.

I don’t think any seriously-informed person can doubt that a climate of intimidation is being driven by the Obama administration. Obama has clearly brought some of the toxic aspects of Chicago political culture to Washington with him, and these are added to the end-justifies-the-means philosophy which is a staple of leftism in general.

As long as Barack Obama is in office, I don’t see how anyone can feel reasonably assured of fair and nonpolitical treatment by any federal agency.

Catherine Engelbrecht says the harassment has forced her to seriously reconsider whether her political activity is worth the government harassment she’s faced.

“I left a thriving family business with my husband that I loved, to do something I didn’t necessarily love, but [which] I thought had to be done,” she says. “But I really think if we don’t do this, if we don’t stand up and speak now, there might not [always] be that chance.”