Week-end Wrap – Political Economy – June 23 2024
by Tony Wikrent
Strategic Political Economy
Is the 4th Amendment Dead in Cyberspace?
Tracy Mitrano [Inside Higher Ed, via Thomas Neuburger, God's Spies, June 21, 2024]
Over a year ago former director of both the NSA and CIA, Michael Hayden, flat out admitted, "we kill people based on metadata." He quickly distinguished between the metadata about which the debate was focused, telephone records, and other forms of surveillance metadata upon which covert actions are taken. Not surprised about the actions, I confess I was taken aback when I considered the implications that this disclosure has on Fourth Amendment jurisprudence in cyberspace.
Ever since the USA-Patriot Act in 2001, I have been harping on complications of the Fourth Amendment between content and metadata in data networking. For as many years I have hoped for a revision of the Electronic Communications Privacy Act (ECPA) to correct the discordance. In all that time, I have assumed that a restructuring of Fourth Amendment jurisprudence around these distinctions might be possible.
I no longer believe that is a reasonable fix. The advanced algorithms applied to metadata in government surveillance make metadata the equivalent of content. That is what struck me about Hayden’s remarks. Not just occasional leaks of subject lines or an Internet Protocol address that resolves to a web page found in routing records, but the sorting, combining and redefining of that data into identifiable predictive behaviors that function as the basis of military or law enforcement actions. It is in this sense that I declare the Fourth Amendment dead in cyberspace. The only way to resurrect the Fourth Amendment could be to place all data, both content and metadata, under Fourth Amendment rubric.
[Neuburger: “The Fourth Amendment is gone. It was lost in 1928. So, to the question above, will we see it enforced again — in today’s security-fed state, the answer is no.” ]
Why Won't the US Help Negotiate a Peaceful End to the War in Ukraine?
Jeffrey D. Sachs, June 19, 2024 [Common Dreams]
For the fifth time since 2008, Russia has proposed to negotiate with the U.S. over security arrangements, this time in proposals made by President Vladimir Putin on June 14, 2024. Four previous times, the U.S. rejected the offer of negotiations in favor of a neocon strategy to weaken or dismember Russia through war and covert operations. The U.S. neocon tactics have failed disastrously, devastating Ukraine in the process, and endangering the whole world. After all the warmongering, it’s time for Biden to open negotiations for peace with Russia.
Since the end of the Cold War, the U.S. grand strategy has been to weaken Russia. As early as 1992, then Defense Secretary Richard Cheney opined that following the 1991 demise of the Soviet Union, Russia too should be dismembered. Zbigniew Brzezinski opined in 1997 that Russia should be divided into three loosely confederated entities in Russian Europe, Siberia, and the far east. In 1999, the U.S.-led NATO alliance bombed Russia’s ally, Serbia, for 78 days in order to break Serbia apart and install a massive NATO military base in breakaway Kosovo. Leaders of the U.S. military-industrial complex vociferously supported the Chechen war against Russia in the early 2000s.
To secure these U.S. advances against Russia, Washington aggressively pushed NATO enlargement, despite promises to Mikhail Gorbachev and Boris Yeltsin that NATO would not move one inch eastward from Germany. Most tendentiously, the U.S. pushed NATO enlargement to Ukraine and Georgia, with the idea of surrounding Russia’s naval fleet in Sevastopol, Crimea with NATO states….
Brzezinski spelled out a chronology of NATO enlargement in 1997, including NATO membership of Ukraine during 2005-2010….
...In my view, [the February 2014 Maidan revolution in Ukraine] was a standard CIA-led covert regime change operation, of which there have been several dozen around the world, including sixty-four episodes between 1947 and 1989 meticulously documented by Professor Lindsey O’Rourke. Covert regime-change operations are of course not really hidden from view, but the U.S. government vociferously denies its role, keeps all documents highly confidential, and systematically gaslights the world….
Global power shift
US reputation on the line at Second Thomas Shoal
[Asia Times, via Naked Capitalism 06-22-2024]
June 17 saw the most recent and most violent effort yet by the China Coast Guard to prevent the Philippines from resupplying the BNP Sierra Madre, an old navy ship deliberately grounded on Second Thomas Shoal and manned by a detachment of sailors and marines to assert Philippine control of the sea feature.