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Lever Time: Big Brother Is Watching The Protesters, Sponsored By Corporate America | Otter.ai

Lever Time: Big Brother Is Watching The Protesters, Sponsored By Corporate America

The Lever28min

David Sirota

00:01

From the levers reader supported newsroom, this is lever time. I'm David Sirota, as the Biden administration continues to support Israel's war in Gaza. Protests are spreading on college campuses across America. In response, police have been deployed to crush some of the demonstrations, raising questions about whether America actually respects its own first amendment that's supposed to protect free speech and free assembly. But viral videos of police regiments storming onto campuses are only a glimpse of what some say is a larger growth of an American police and surveillance state, a dangerous expansion of Big Brother that's happening inside national security agencies, state legislatures and the court system, all of it designed to suppress dissent and crushed speech that those in power don't want to hear.

David Sirota

00:55

On today's episode of lever time, we look at why student protests against the United States support for Israel's war has prompted such a harsh crackdown, and we look at what kinds of protest America's laws are supposed to protect. We also look at how the crackdown against demonstrations is happening at exactly the same moment that the government is asserting a right to much broader forms of unregulated surveillance, some of it pushed by those who want to silence critics of Israel's war in Gaza.

David Sirota

01:33

Protest And then backlash. It's as American as apple pie. Back in the mid 20th century, Richard Nixon and Ronald Reagan both got themselves elected to public office promising to impose so called Law and Order on those protesting against war and protesting for social justice during the 1960s when the so called free speech advocates who in truth have no appreciation for freedom.

Ronald Reagan

01:59

We're allowed to assault and humiliate the symbol of law and order a policeman on the campus and that was the moment when the ringleaders should have been taken to the scruff of the neck and thrown out of the university once.

David Sirota

02:09

More recently, President Donald Trump made the same promises amid the Black Lives Matter protests.

Donald Trump

02:16

I am your president of law and order, and an ally of all peaceful protesters.

David Sirota

02:22

And now it's a similar theme from the Biden administration amid nationwide student protests against the United States support of Israel's war in Gaza.

Joe Biden

02:32

It's basically a matter of fairness. It's a matter of what's right. There's the right to protest, but not the right to cause chaos.

David Sirota

02:40

A big question in all of this law and order rhetoric has always been, what exactly is the law? Isn't there a first amendment that's supposed to be the law that protects the freedom of speech? Even speech people in power may not like? Aren't there supposed to be laws that restrict the power of the government to spy on protesters? aren't their laws that are supposed to protect the right to public demonstrations? These are more complicated questions than they seem, especially right now as protests have sparked a new assertion of government power in the name of law and order. In recent years, we've seen state legislatures passed laws designed to punish protesters and punish civil peaceful disobedience.

David Sirota

03:25

Last month, the Supreme Court fortified those laws. It let's stand a ruling from a Trump packed court in Texas that says protest organizers can be financially punished if even a single attendee at a protest breaks any law. In Congress. A different kind of Crackdown is now happening as protests intensified against lawmakers who passed a new bill providing Israel's government with more money to conduct its brutal war in Gaza. Along with that funding, Bill, members of both parties reauthorized a warrantless surveillance program that's been used to spy on protesters. In fact, the American Prospect reported that the vote in Congress was backed by pro Israel groups quote, for the purpose of spying on foreign involvement in domestic anti semitic events, a clear reference to anti war demonstrations regarding Gaza, it seems there's now an entire intelligence apparatus aimed at protesters, just listen to New York Mayor Eric Adams talk about Intel. His city is now collecting about protesters at Columbia University

Eric Adams

04:30

we know based on our intel in evidence that there are individuals who are instructing students to do bad things, and they are participated in some illegal actions.

Eric Adams

04:42

Meanwhile, Congressional lawmakers of both parties also joined together to give the executive branch the authority to strip the tax exempt status of any nonprofit group. It unilaterally deems to be so called terrorist supporting organizations. An almost comically Orwellian term

David Sirota

05:00

If that bill passes, it's no stretch to imagine the new law not only being used right now against groups protesting Israel's war, but also being used by a potential future Trump administration against any of Trump's political enemies. All of this has echoes of Orwell's own warnings in his most famous book 1984.

1984 commercial

05:22

In 1949, George Orwell had a vision of the future. Today that vision is still a best selling novel, and his prophecy remains as terrifying as ever.

1984 commercial

05:37

The vision of the future which imagine a boot stamping on a human face. On

David Sirota

05:43

today's episode of lever time, we're going to take a look at how big brother is getting even bigger in this new age of protest. Senior Podcast Producer Arjun Singh takes a look at what's motivating the protests and the unrest on college campuses. And he explores what the law actually says about what is and isn't permissible. He also go. He also goes deep into the surveillance state. He explores how the government has continued to significantly expand its domestic surveillance machine decades after 911 and how under the guise of fighting terrorism, that surveillance machine can target dissenters.

Arjun Singh

06:31

On Tuesday evening, Alastair kitchen, a student journalist at Columbia University, arrived on the school's campus in New York City.

Alistair Kitchen

06:39

I joined the campus at around 6pm Because it was clear that something was going to happen. There were three helicopters in the sky, rotating in a like points of an equilateral triangle going around and round and round in a circle. Police began to arrive, they suddenly went from a very light presence on campus to a very heavy presence around the campus.

Arjun Singh

07:08

For weeks, Colombia students like students at schools across the country had been engaging in protests against Israel's war in Gaza. And on the day, Aleister went to the school grounds, a group of students were camped out in a building called Hamilton Hall, which protesters had renamed into Hall. The name being a reference to a six year old Palestinian girl who was killed in Gaza in January.

Arjun Singh

07:41

But when Alistair was there, the scene felt a little bit more subdued. Almost like the calm before the storm.

Alistair Kitchen

07:48

There was a lot of nervous anticipation among the police and among the other

Arjun Singh

07:56

spectators. Eventually, Alistair headed back to his apartment.

Alistair Kitchen

07:59

I turned on W KCR. Radio, the student run radio station here at Columbia that services the entire second is that so

Columbia College Radio Broadcast

08:08

sorry, I'm so sorry. I do need to interrupt. I'm so sorry. Go ahead. Go ahead. Any corrections bus that is coming down 1/14 and Broadway, and they are now NYPD is currently pulling students who are sitting on the ground. Here I want to get an NYPD officer as well. They're pulling students off the ground white violently I will add. That

Arjun Singh

08:28

night at the request of Columbia. Dozens of New York City police officers dressed in what looked like riot gear arrived at the school.

Arjun Singh

08:44

The whole day Columbia's campus had been locked down except for students who lived on campus and essential employees. When the police arrived, they began to order student journalists inside of the aptly named Pulitzer Hall. Soon after the school radio station announced what was happening.

Columbia College Radio Broadcast

09:02

I just wanted to update to because we did have word that police were entering through the windows of Hamilton Hall, from the Amsterdam and 1/16 side of Hamilton Hall.

Alistair Kitchen

09:14

If it were not for the student run radio station, we would have had no idea about what the police were doing, or what was happening inside of campus to Allaster

Arjun Singh

09:24

the scenes he was hearing about and watching on social media were startling. It also shook his faith in the school.

Alistair Kitchen

09:31

It was the largest police operation that I have ever seen. And one of the most shocking things that I have ever seen. I do not know a single person on the campus who is not sympathetic to the protesters. I do not know a single person, staff or faculty who is not horrified at the administration. The divide between the administrative class at the University, and the people who are involved in education and pedagogy has never been stuck. This

Arjun Singh

10:09

is not the first time the United States has seen a wave of student led protests. It's also unfortunately not the first time the nation has watched the police. He was heavy handed tactics to silence protesters. But this moment is unique. These protests are happening. And it's a backdrop of what's felt like a sharp curtailing of the right to protest. In fact, in the last few years, at least eight states have passed laws with the intent to deter people from protesting. It's also happening in an era where our digital footprint is larger than ever. And in a time when police departments and other government agencies can purchase data we often unwittingly provide to private corporations by going online. Watching all of this can feel dizzying. And that's why I sat down with someone who could help put this all in perspective. So

Vera Eidelman

10:59

as a first amendment matter, because they are a private university, they can choose to try to enforce their rules using police. That doesn't mean they should and certainly I don't think that they should use armed police in any way when it is not a last resort measure.

Arjun Singh

11:20

Vera Edelman is a staff attorney for the American Civil Liberties Union's project on speech, Privacy and Technology. Given everything I had seen this week, I put it pretty bluntly, do we still have a right to protest in this country?

Vera Eidelman

11:34

I don't think the right to protest has been eroded. And I also don't think that it is terribly unusual, deplorable and kind of embarrassing for government actors as it is that their reaction has been not to engage with the substance of the protests, but instead to pass laws meant to show that they don't like particular protest movements that they don't like particular protest tactics, and perhaps also to make people more afraid to join together and join movements and speak out with one voice. In

Arjun Singh

12:11

protesting. However, the tactic also matters. Occupying a building can be considered trespassing or perhaps breaking and entering, regardless of whether it was a political act or not. The same applies to blocking traffic,

Vera Eidelman

12:24

the government can prohibit consistent with the First Amendment people from blocking traffic. And even if people are blocking traffic, to say to express themselves and entirely for a political purpose, that doesn't immunize them from being subjected to those rules, even if it's absolutely righteous, even if the point is to make a point. The First Amendment doesn't protect violating otherwise valid content neutral laws.

Arjun Singh

12:58

One reason I wanted to talk to Vera is because she's currently representing an activist named DeRay Mckesson, you may recognize that name or you might know him by the signature blue vest he usually wears. But lately, McKesson has been embroiled in a legal controversy that started in 2016 when he was participating in a protest against police brutality in Louisiana. At this protest, some people allegedly threw rocks at police officers and an officer claims he was hit by one suffering injuries. But rather than sue the person, they sued McKesson claiming he was a protest organizer. Here he is talking about the case. I

Deray McKesson

13:38

wasn't organizing it. I was out there supporting people. I was tweeting about it, getting people to come in terms of Twitter, but I was not one of the organizers. we've repeatedly said this and all of the legal documents.

Arjun Singh

13:50

McKesson this case is currently tied up in the legal system. And Vera explained part of it has to do with laws and statutes specific to Louisiana. But McKesson this case made me wonder, can it happen to anyone can encouraging people, for example, to go to a protest make you civilly liable for what happens there?

Vera Eidelman

14:08

As a first amendment matter? Generally, people have the right to encourage or support even unlawful tactics, you can absolutely say what's happening in the world is incredibly unjust and we should pat push back in any way we possibly can. You can either you can even more directly encourage unlawful activity. What you can't do is incite illegal activity which is a very specific high standard, which is defined as intentionally pushing people towards imminent and likely illegal activities. So the sort of typical example of that is standing in front of a crowd. and saying, let's all go do this illegal thing that is meant to get people to do the illegal thing, it's likely to cause them to do it. And it's likely to cause them to do it immediately right now, incitement online, I think is a much harder thing to establish simply tweeting, I support the students at Columbia, or I think their cause is righteous is protected speech. I think we have a history in this country, both of people really speaking out protesting for what they think is righteous making change as a result of that. And alongside that, we have a history of pretty brutal responses to those exercises of speech, whether that is excessive force, whether that is really troubling, clearly, speech based surveillance, whether that is attempts to pass new laws that are ultimately unconstitutional. And I think that students and others who are speaking out now are doing it against a history of real real resilience and resistance. That

Arjun Singh

16:18

resistance is now taking place on two fronts, the physical and the digital. And today, our digital lives are part of a complex and interconnected web of software companies, telecommunications, corporations, and the government. In fact, as David mentioned at the beginning of this episode, there are open calls for the government to deploy digital surveillance tools on these college protesters. But these tools don't require hacking. They use the data we give away to private corporations every day, the

Byron Tau

16:46

sheer amount of information that was out there commercially was also a huge and growing part of their appetite for information and was a genuine phenomenon that represented this weird sort of unholy alliance between corporate power and government power. And that was leaving a lot of us ordinary citizens in the dark about it

Arjun Singh

17:04

after the break the rise of the surveillance state, and how corporations taught the government to love data.

George W. Bush

17:25

Thank you, welcome to the Rose Garden. Today, I'm pleased to sign landmark legislation that is vital to the security of our people.

Arjun Singh

17:32

In 2008, President George W. Bush was giving a speech in the Rose Garden, the bill Bush was talking about was a reauthorization of the Foreign Intelligence Surveillance Act, a law originally passed in 1978. That set up procedures for the government to collect intelligence on the communications of those suspected of being agents of foreign powers. Over time, the bill would be amended though, in this case, Bush was pleased to announce that Congress had approved an amendment that would create a section of the law called Section 702. This section essentially allowed the government to monitor the electronic communications of people outside of the US without a warrant. The thing is, if those communications were happening with an American citizen, their information was going to get monitored to. But what it would open the door to were things many in the Rose Garden that day had no idea where conceivable

George W. Bush

18:32

this law will protect the liberties of our citizens. While maintaining the vital flow of intelligence. This law will play a critical role and to helping to prevent another attack on our soil.

Arjun Singh

18:43

To understand why the government had just handed all this power to the intelligence community, we have to go back to 2001 when the CEO of a small company called axiom, which managed computer when the CEO of a small company called axiom which managed consumer databases realize that they might have the key to preventing another terrorist attack in the US

Byron Tau

19:06

after 911, they had a ton of consumer information on almost everyone in the United States, because at some point, we've all given our address to some entity that's provided it to axiom or we, you know, buy a house and that's in the county property record. Office. And these data brokers go and they vacuum it up. Byron

Arjun Singh

19:26

Tao is the author of means of control how the hidden alliance of tech and government is creating a new surveillance state. And

Byron Tau

19:33

so with a repository of information that rich and one that was commercially available, that's when government started to get interested in these datasets after 911.

Arjun Singh

19:48

Remember, this is 2001, long before the iPhone and long before social media. So when Byron's talking about consumer data, he's not referring to things like GPS instead, what axiom compiled was the kind of information that we hand over all the time, possibly without even thinking about it. For example, if you buy a magazine subscription that's registered with the magazine company. The same goes for when we open a bank account or get a new credit card. All of this information is information that we're voluntarily handing over. And it doesn't just stay with whoever you're dealing with. axiom is bread and butter was combining different data points from this user information, and then helping other companies better understand their customers. That work would lay the foundation for things like targeted advertising today. And pretty quickly, it attracted the attention of the FBI, who realized that this data could be a goldmine for them. In

Byron Tau

20:43

some instances, they were demanding years and years worth of passenger records from airlines, they started to demand lists, like everyone that's ever taken a scuba diving class or gotten a license from dive shops all over the country, everyone that's rented a helicopter, you know, everyone that has a cab license, they started doing these big data projects after 911 to try to figure out you know, who possibly intended to do something other than enjoy a coral reef with their scuba diving license. And so this was a real realization that you could tell rich stories about people through this data that wasn't in some secret government intelligence report, but was just an ordinary piece of data that some companies somewhere in America had. Companies

Arjun Singh

21:27

like axiom were soon seen as invaluable to the work of intelligence gathering. And the vast troves of data they had coupled with the ability to mind through it was a boon for the government. But it's not unreasonable to ask why these companies are able to access this data in the first place. The truth is, you probably agree to it, you know, that giant Terms and Conditions pop up, you have to agree to before buying a video game, for example, it's probably tucked away in there. And you do read that right? I'm just kidding. I never read it either. But I probably should

Byron Tau

22:03

probably the permission to do that is right there on page 250 of a 300 page privacy policy that you didn't read when you downloaded the app or agreed to sign up for the service. And so corporations have really taken advantage of fatigue with having to read all this stuff to share a lot of information, mostly for commercial purposes.

Arjun Singh

22:25

Back in the 2000s. Consumer Data looked pretty simple compared to today. In 2007, though, a year before Bush was standing in front of the Rose Garden, Apple CEO, Steve Jobs was making an announcement that would fundamentally transform how we thought about privacy data and surveillance,

Steve Jobs

22:42

and iPod, a phone and an Internet communicator, an iPod,a phone? Are you getting it

Arjun Singh

23:00

I don't think anyone sitting in the auditorium or watching that presentation understood what the iPhone would be able to do, not even Steve Jobs. But over time, the iPhone would become a part of a way of life, it would create an ecosystem of apps that people would access dozens of times a day. And the companies that made those apps would soon realize that they were sitting on a mountain of user data.

Byron Tau

23:25

Today, so much of our lives is on these mobile devices. And on our wearables that there's tons of information that can come off of these things. Let's start with anything that you post publicly on a social media site. That of course, can be scraped. And there are these data brokers out there that specialize in gaining access to these social spaces, and taking the information at some periods in time.

Byron Tau

23:59

Then, of course, all the apps that you put on your phone, some of those apps, the way they make money is by selling information about their users. So anything that's asking for your location that's free, is probably in some way, shape, or form, making information available to a data broker in some way, shape, or form. And that could be your GPS location. It could be other attributes about you or your phone.

Arjun Singh

24:24

And anyone can buy that data, including the government.

Byron Tau

24:27

Finally, every time you load one of these apps or a website that has an ad space, you're actually participating in this really complicated system of ad targeting and data collection. That actually ends up passing a ton of information about your device, back to 1000s and 1000s of advertising companies who are all bidding a little bit of money as to whether they want to serve you an ad and how much they're willing to pay to serve it to you. But one

Arjun Singh

24:53

very easy way for the government to surveil people is because of the things we often want to make public And it's something police departments have actively used to monitor protests during

Byron Tau

25:04

the Freddie Gray protests in 2015. And the Michael Brown protests in Ferguson during that era, there was a lot of experimentation among police departments and seeing if they could identify protesters are protest leaders are important people in protest movements based on what they see on social media. Sometimes they're even doing things like running faces for warrants. And so there was real interest in this from government agencies, from your sort of three letter intelligence agencies in the military all the way down to the local police departments who started getting these tools and looking at what was happening in their own communities.

Arjun Singh

25:42

Even when social media companies have tried to make information more difficult to hide, or people are behind private accounts, private companies have managed to find a way to get access to

Byron Tau

25:51

it clever social media vendors have found ways around these restrictions. So now often, they just scrape it and Facebook and Instagram and Tiktok these are less public than Twitter, often you need to log in to enter some of these spaces. But you know, these government entities or their contractors have figured out ways to do that to scrape the data and to provide it

Glenn Greenwald

26:09

have you given thought to what it is that the US government's response to your conduct is in terms of what they might say about you how they might try to depict you what they might try to do to you.

Edward Snowden

26:22

Yeah, I could be, you know, rendered by the CIA. I could have people coming after me or any of their their third party partners. You know, they work closely with a number of other nations

Arjun Singh

26:33

in 2014, Edward Snowden and employee at the company, Booz Allen Hamilton, a massive government contractor revealed just how wide reaching the government surveillance apparatus had become at the time, one of the programs that he disclosed to a group of reporters was called PRISM, which is what grew out of that 2008 FISA reauthorization, Bush signed prism

Byron Tau

26:53

was a way to search that information on the government side. Why it's controversial is that the government is not just surveilling terrorists, but they're also doing intelligence on things like European diplomats or people who work at international institutions. Sometimes they're surveilling foreign journalists and their communications with their sources abroad.

Arjun Singh

27:15

Snowden revealed prism in 2014. And at the time, it was a major media story. Americans had seemed to horrified by how much of their information the government working with private companies were able to collect about them. And for a time, it felt like things might change. But then just a few weeks ago, but then, just a few weeks ago, Congress and President Biden reauthorized FISA, including section 702. But even without section 702, private firms seem to constantly be gathering data on us. Yes, there are apps that can encrypt messages. And Apple has reasonably tried to. Yes, there are apps that can encrypt messages, and Apple has tried to limit the amount of information and companies can track about you. Still, I think it raises the question in the digital era, is privacy really possible?

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