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Month: June 2013

Ok everybody, close your eyes and pretend you never saw that

Ok everybody, close your eyes and pretend you never saw that


by digby

Fergawdsakes:

The Senate Security Office sent an email around the Hill Friday afternoon asking Senate employees and contractors to try to ignore the fact that top-secret, highly-classified documents are now floating around the Web freely (and, in the case of a terribly designed NSA Powerpoint, getting facelifts.) The email asks security managers to remind Senate employees and contractors that the documents are still technically classified and should be treated as if millions of people haven’t already read them. The email:

Please share with your staff the guidance below.
· Classified information, whether or not posted on public websites, disclosed to the media, or otherwise in the public domain, remains classified and must be treated as such until it is declassified by an appropriate U.S. government authority.

The director of national intelligence has declassified some information in light of the public debate, but the FISA court order, PRISM Powerpoint, NSA brochure, presidential order, as well as the “dozens” of newsworthy documents that Glenn Greenwald still plans to publish remain technically secret even if it’s a secret that anyone with an Internet connection can be let in on.

· Senate employees and contractors shall not, while accessing the web on unclassified government systems, access or download documents that are known or suspected to contain classified information.

Government employees are not supposed to keep classified documents just hanging around on their computers, but at this point, the battle to keep this particular set of documents secure has already been lost thanks to leaker Edward Snowden and his thumb drive. Rules are rules — even if they make little sense in light of current circumstances and seem like a serious impediment for the staffers tasked with supporting senators who need to have a serious policy debate about the revelations in the leaks.

· Senate employees and contractors who believe they may have inadvertently accessed or downloaded classified information via non-classified Senate systems, should contact the Office of Senate Security for assistance.

So, any staffer that’s been reading the Guardian now needs to call the Senate Security Office. Anyone who doesn’t call should be chastised for not keeping up with relevant news.

The Department of Defense sent around a similar email earlier this week, as reported by Wired. It appears to be standard — if inane — procedure after classified docs go viral.

And you wonder why people are skeptical about trusting the government with all these secret operations? It’s not as if they’re utter boobs or anything.

*For the record, I think the government is very good at handling a lot of things.  But they tend to be the things we can see.  And there’s a reason for that.

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What do Utah and Pakistan have in common? by @DavidOAtkins

What do Utah and Pakistan have in common?

by David Atkins

Pakistan and Utah have an interesting thing in common: porn and repression.

Pakistan, world volume leader in searches for gay porn:

Among the least tolerant nations surveyed was Pakistan, where only 2 percent of those surveyed said society should accept homosexuality. That statistic might be unsurprising, considering that gay sex is illegal under the Pakistani penal code. But what is surprising is how those views compare to Pakistani search traffic around gay-porn related terms.

As of this writing, Pakistan is by volume the world leader for Google searches of the terms “shemale sex,” “teen anal sex,” and “man fucking man,” according to Google Trends. Pakistan also ranks second in the world (after similarly gay-intolerant Kenya) for volume of searches for the search term “gay sex pics.”

In its report, Pew noted that countries exhibiting the highest levels of gay tolerance are largely secular, whereas nations where religion is central to public life—such as Egypt, Nigeria, and Pakistan—tend to reject homosexuality. But in Pakistan, what’s even more peculiar is that the highest number of hits for some of these terms, including “shemale sex,” come not from Pakistan’s cosmopolitan centers, but from Peshawar, a bastion of conservative Islam, lately known in the West as a counterterrorism frontline.

Utah, porn consumption capital of America:

Besides its political bent, Utah’s per capita appetite for online pornography makes it the nation’s run-away red-light state.

A study by a Harvard Business School professor shows that Utah outpaces the more conservative states — which all tend to purchase more Internet porn than other states.

Online porn subscription rates are higher in states that enacted conservative legislation banning same-sex marriage or civil unions and where surveys show support for conservative positions on religion, gender roles and sexuality, according to an analysis published in the Journal of Economic Perspectives.

The Beehive State briefly experimented with a state-funded porn czar until 2003. The study examining online porn usage from 2006 to 2008 shows those efforts apparently failed.

While Utah may not be the top state in the U.S. for gay porn searches, Utah is one of only three states (along with Oklahoma and Delaware) where anal sex is among the top three search terms.

It’s fascinating to learn just how much conservative fundamentalists have in common with one another.

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It’s hard out here for a Luddite

It’s hard out here for a Luddite

by digby

Kevin Drum comments:

Here’s a remarkable chart from EPI. Actually, no: strike that. It’s true that in a normal world it would be remarkable, but in the world we live in it’s actually totally unsurprising. It illustrates the rise in income inequality over the past three decades (top dark blue line), and as you can see, it’s been rising steadily. Totally unsurprising.

But then author Andrew Fieldhouse did another calculation. The middle blue line shows rising inequality after you account for taxes and transfers. But what if we had the same tax system we did in 1979? Well, inequality still would have gone up, but it would have gone up significantly less (bottom light blue line). In other words, during an era in which the rich were getting richer anyway, we deliberately set out to reduce their tax burdens so that they could become even yet richer.

And that’s not all. Paul Krugman wrote about the jobs crisis today. Oh dear:

I’ve noted before that the nature of rising inequality in America changed around 2000. Until then, it was all about worker versus worker; the distribution of income between labor and capital — between wages and profits, if you like — had been stable for decades. Since then, however, labor’s share of the pie has fallen sharply. As it turns out, this is not a uniquely American phenomenon. A new report from the International Labor Organization points out that the same thing has been happening in many other countries, which is what you’d expect to see if global technological trends were turning against workers.

And some of those turns may well be sudden. The McKinsey Global Institute recently released a report on a dozen major new technologies that it considers likely to be “disruptive,” upsetting existing market and social arrangements. Even a quick scan of the report’s list suggests that some of the victims of disruption will be workers who are currently considered highly skilled, and who invested a lot of time and money in acquiring those skills. For example, the report suggests that we’re going to be seeing a lot of “automation of knowledge work,” with software doing things that used to require college graduates. Advanced robotics could further diminish employment in manufacturing, but it could also replace some medical professionals.
[…]
Education, then, is no longer the answer to rising inequality, if it ever was (which I doubt).

So what is the answer? If the picture I’ve drawn is at all right, the only way we could have anything resembling a middle-class society — a society in which ordinary citizens have a reasonable assurance of maintaining a decent life as long as they work hard and play by the rules — would be by having a strong social safety net, one that guarantees not just health care but a minimum income, too. And with an ever-rising share of income going to capital rather than labor, that safety net would have to be paid for to an important extent via taxes on profits and/or investment income.

I can already hear conservatives shouting about the evils of “redistribution.” But what, exactly, would they propose instead?

Full blown feudalism perhaps?

I wish I had something positive to say about this, but it’s probably going to take some combination of social unrest and outside organizing to tip the balance. Meanwhile, one thing we can do is try to enact policies that will cushion this blow for people. They’re out there. We just don’t have the political clout to get them enacted. We should work on that.

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Also too: the double standard

Also too: the double standard

by digby

The other day I asked if the leaker in this story was going to be hunted down asnd prosecuted. No word yet. I’m going to guess no. And that’s just the tip of the icebereg. Jack Schaffer points out just how unctuously hypocritical the government protestations about “leaks” really are in light of its own propensity to do it:

Secrets are sacrosanct in Washington until officials find political expediency in either declassifying them or leaking them selectively. It doesn’t really matter which modern presidential administration you decide to scrutinize for this behavior, as all of them are guilty. For instance, President George W. Bush’s administration declassified or leaked whole barrels of intelligence, raw and otherwise, to convince the public and Congress making war on Iraq was a good idea. Bush himself ordered the release of classified prewar intelligence about Iraq through Vice President Dick Cheney and Chief of Staff I. Lewis “Scooter” Libby to New York Times reporter Judith Miller in July 2003.

Sometimes the index finger of government has no idea of what the thumb is up to. In 2007, Vice President Cheney went directly to Bush with his complaint about what he considered to be a damaging national security leak in a column by the Washington Post’s David Ignatius. “Whoever is leaking information like this to the press is doing a real disservice, Mr. President,” Cheney said. Later, Bush’s national security adviser paid a visit to Cheney to explain that Bush, um, had authorized him to make the leak to Ignatius.

In 2010, NBC News reporter Michael Isikoff detailed similar secrecy machinations by the Obama administration, which leaked to Bob Woodward “a wealth of eye-popping details from a highly classified briefing” to President-elect Barack Obama two days after the November 2008 election. Among the disclosures to appear in Woodward’s book “Obama’s Wars” were, Isikoff wrote, “the code names of previously unknown NSA programs, the existence of a clandestine paramilitary army run by the CIA in Afghanistan, and details of a secret Chinese cyberpenetration of Obama and John McCain campaign computers.”

The secrets shared with Woodward were so delicate Obama transition chief John Podesta was barred from attendance at the briefing, which was conducted inside a windowless, secure room known as a Sensitive Compartmented Information Facility, or “SCIF.”

Isikoff asked, quite logically, how the Obama administration could pursue a double standard in which it prosecuted mid-level bureaucrats and military officers for their leaks to the press but allowed administration officials to dispense bigger secrets to Woodward. The best answer Isikoff could find came from John Rizzo, a former CIA general counsel, who surmised that prosecuting leaks to Woodward would be damn-near impossible to prosecute if the president or the CIA director authorized them.

Why hasn’t anyone been calling for Bob Woodward’s arrest and the prosecution of the president for treason? Bueller?

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Why Peter King is jackass, Part IV: who needs that first amendment anyway?

Why Peter King is jackass, Part IV

by digby

Lindsey Beyerstein explains why Peter King is a jackass. Well, not really. But she explains why his idea of Glenn Greenwald being prosecuted is outrageous. And more importantly, she explains this, which shouldn’t have to be explained, but apparently needs to be:

Journalism is constitutionally protected because it serves as a check on power of all kinds. We count on journalists to expose wrongdoing and force transparency on the institutions that affect our lives. We want to live in a world where every decision maker knows that, at least in principle, her orders could end up on the front page of tomorrow’s paper, because the mere possibility of accountability serves as a check on abuse of power. Every decision maker needs to know that if she pushes her underlings to violate their core values, she is ultimately at their mercy.
[…]
If a government has too much power to enforce secrecy it becomes unaccountable to its people. This lack of accountability increases the risk that the government will break the law behind closed doors and it also stunts the public’s ability to decide what the law should be. In the post-9/11 era, our leaders have assembled a huge and largely opaque national security bureaucracy that is supposedly tasked with keeping us safe from terrorism. The American people are largely left in the dark about how well these programs work, how much they cost, and what tradeoffs are being made between liberty and security. When secrecy is taken to extremes, it becomes paternalistic and anti-democratic. We couldn’t have a national conversation about whether the NSA should be tracking the metadata of our phone calls until journalists revealed that the program existed.

Some Snowden critics have attempted to deny him the mantle of “whistleblower” because he leaked information about a program that was being overseen by the FISA courts. They maintain that a true whistleblower would only sound the alarm against an illegal program. However, just because a program is being overseen by a secret court doesn’t guarantee that it is constitutional. Only the Supreme Court can decide that. But as long as a program remains secret, there’s a Catch-22 in effect: The Supreme Court can’t review the constitutionality of the program until someone sues to challenge it, but if nobody knows they’ve been targeted by a secret program, nobody has standing to bring a lawsuit.

Snowden’s revelations broke that impasse. On Tuesday, the American Civil Liberties Union announced that it had filed a court challenge to the program. Snowden’s leak revealed that Verizon Business Network Services had been ordered to give up the metadata for all the calls made by its customers. As a customer of VBNS, the ACLU has standing to sue.

It’s outrageous that the system was rigged (and it was rigged) in order to prevent the US Supreme Court from determining the constitutionality of these programs. That president Obama tried to pretend that this was all done according to the system, with all three branches “signing off,”  was also outrageous. If you consider a couple of Senators and Congressmen sworn to secrecy and a secret unaccountable court an adequate check on executive power you have a funny idea of what constitutional checks and balances really mean.

The free press is part of our system for this very reason. History had shown the writers of the constitution that it was important to provide an outside check against government power. I’m sure there are risks involved. But when you look back in our history, these sorts of leaks have been far more likely to have shown government to have abused its power than to have caused a major security problem.  (If they did, we’ve nonetheless managed to remain secure in spite of them.) And it has resulted in what Beyerstein describes — an ever so slightly chastened government, at least temporarily, and more concern for whether their endeavors are in keeping with our values.

The tension always exists — the government bureaucracies and certain ambitious types exploit the zeitgeist of the moment to build their power and then they are forced to pull back when the press reveals what they’ve been up to. And even then it’s not enough.  As the run up to Iraq showed in living color, the press is far more likely to be a toady for government power than to threaten it most of the time. It’s not as if it doesn’t show a very unhealthy deference for government most of the time.

Meanwhile, the Military Industrial Complex, the secret security/surveillance state and the various police agencies on both the federal and state levels have become huge and unaccountable bureaucracies, particularly in the wake of 9/11. (It was floundering there for a few years without the Cold War to justify its existence, it’s growth hindered by a lack of urgency.) These are the pieces of the US government that are the real third rail in American politics.  And they are threatening to squeeze out everything else.

We have the taxpayers paying six figure salaries to NSA contractors all over the world, sponsoring gigantic new programs and building complexes and the bureaucracy is growing like flesh eating bacteria. This is all happening under the radar at the same time that we are shamefully cutting food stamps and Meals on Wheels. This “defense/security” budget is untouchable (what of it actually shown on the budget — we really have no idea how much is spent on this stuff) even as our leaders propose to cut the meager incomes of people who are too old and too sick to work. That’s the real trade-off:  this unaccountable, secret bureaucracy spends as much as it wants while average citizens are squeezed every which way — and have their rights abused in the process.

We jokingly referred to him as Emperor Alexander—with good cause, because whatever Keith wants, Keith gets,” says one former senior CIA official who agreed to speak on condition of anonymity. “We would sit back literally in awe of what he was able to get from Congress, from the White House, and at the expense of everybody else.”

Are we even allowed to have an opinion on whether that’s really worth it or is “consent of the governed” just an archaic old relic from a time when America wasn’t existentially threatened by losers armed with pressure cookers and underwear bombs? Are we expected to sacrifice our rights and our financial well-being for this unaccountable secret war without even questioning whether it’s effective, constitutional, rational or right?

I know one thing: if it weren’t for the First Amendment, we would never get enough information to even ask the question.

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The Supreme Court does the right thing on human genetic patents, by @DavidOAtkins

The Supreme Court does the right thing on human genetic patent

by David Atkins

The Supreme Court has finally found the one piece of corporate malfeasance a step too far even for the court’s conservatives: patenting the human genome:

Almost immediately after the Supreme Court ruled that human genes could not be patented, several laboratories announced they, too, would begin offering genetic testing for breast cancer risk, making it likely that that test and others could become more affordable and more widely available.

The ruling in effect ends a nearly two-decade monopoly by Myriad Genetics, the company at the center of the case.

“It levels the playing field; we can all go out and compete,” said Sherri Bale, managing director of GeneDx, a testing company, which plans to offer a test for breast cancer risk. “This is going to make a lot more genetic tests available, especially for rare diseases.”

One suspects that regardless of the text of the ruling, religious beliefs probably helped sway a few of the conservative jurors.

Whatever the case may be, this one is a win not only for public health but for the future of the entire human race.

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It depends on what the meaning of “terrorist” is

It depends on what the meaning of “terrorist” is

by digby

TransCanada Coorporation is trying to “educate” the people of Nebraska about the real threat to their beautiful state: protesters:

With mounting public opposition against the construction of the Keystone XL pipeline that would carry tons of tar-sands oil right down the middle of the country, pipeline owner TransCanada seems to be getting a little nervous. At least, that’s the feeling you get reading the PowerPoint presentations the company’s staff has been putting together back in the corporate bunker.

TransCanada and law enforcement presentation materials were obtained from Nebraska State Patrol via a Freedom of Information Act request filed by the grassroots opposition group Bold Nebraska. They reveal the corporate logic that’s driving the fight against anti-pipeline activists who have been attempting to physically blockade Keystone XL construction since 2012.

From the activists’ perspective, it’s been a whole lot of police pepper-spray and pain-compliance holds. From TransCanada’s point of view, though, the blockaders are endangering critical infrastructure, and should be prosecuted to the full extent of the law. Here’s a fun sample slide from a PowerPoint presentation, dated December 2012, apparently compiled by the company for local law enforcement agencies:

Terrorism is such a handy designation, isn’t it? Especially since it would appear that some corporations think that threats to their profits is equal to terrorism. It remains to be seen if the government agrees.

It wouldn’t be the first time:

A report by Inspector General Glenn A. Fine absolved the FBI of the most serious allegation: that domestic groups were targeted purely for their activism against the Iraq war and other political activity, which would have violated their First Amendment rights. Civil liberties groups and congressional Democrats had accused the FBI of employing such tactics during George W. Bush’s administration.

But the report cited what it called “troubling” FBI practices in the Bush administration’s monitoring of domestic groups between 2001 and 2006. In one instance, the report said, FBI officials falsely said an agent photographed antiwar demonstrators as part of a terrorism investigation, which led FBI Director Robert S. Mueller III to unintentionally give incorrect information about the incident to Congress.

In another, agents investigated members of the environmental advocacy group Greenpeace over their protest activities “with little or no basis,” the report said. Agents kept the case open for more than three years, even though no charges were filed, and put the activists on a terrorist watch list, it said.

I feel so safe.

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The militarized internet

The militarized internet

by digby

If twitter is any gauge, a lot of people think this article in Wired about General Keith Alexander is just all kinds of kewl:

General Keith Alexander, a man few even in Washington would likely recognize. Never before has anyone in America’s intelligence sphere come close to his degree of power, the number of people under his command, the expanse of his rule, the length of his reign, or the depth of his secrecy. A four-star Army general, his authority extends across three domains: He is director of the world’s largest intelligence service, the National Security Agency; chief of the Central Security Service; and commander of the US Cyber Command. As such, he has his own secret military, presiding over the Navy’s 10th Fleet, the 24th Air Force, and the Second Army.

Alexander runs the nation’s cyberwar efforts, an empire he has built over the past eight years by insisting that the US’s inherent vulnerability to digital attacks requires him to amass more and more authority over the data zipping around the globe. In his telling, the threat is so mind-bogglingly huge that the nation has little option but to eventually put the entire civilian Internet under his protection, requiring tweets and emails to pass through his filters, and putting the kill switch under the government’s forefinger. “What we see is an increasing level of activity on the networks,” he said at a recent security conference in Canada. “I am concerned that this is going to break a threshold where the private sector can no longer handle it and the government is going to have to step in.”

In its tightly controlled public relations, the NSA has focused attention on the threat of cyberattack against the US—the vulnerability of critical infrastructure like power plants and water systems, the susceptibility of the military’s command and control structure, the dependence of the economy on the Internet’s smooth functioning. Defense against these threats was the paramount mission trumpeted by NSA brass at congressional hearings and hashed over at security conferences.

But there is a flip side to this equation that is rarely mentioned: The military has for years been developing offensive capabilities, giving it the power not just to defend the US but to assail its foes. Using so-called cyber-kinetic attacks, Alexander and his forces now have the capability to physically destroy an adversary’s equipment and infrastructure, and potentially even to kill. Alexander—who declined to be interviewed for this article—has concluded that such cyberweapons are as crucial to 21st-century warfare as nuclear arms were in the 20th.

And he and his cyberwarriors have already launched their first attack. The cyberweapon that came to be known as Stuxnet was created and built by the NSA in partnership with the CIA and Israeli intelligence in the mid-2000s. The first known piece of malware designed to destroy physical equipment, Stuxnet was aimed at Iran’s nuclear facility in Natanz. By surreptitiously taking control of an industrial control link known as a Scada (Supervisory Control and Data Acquisition) system, the sophisticated worm was able to damage about a thousand centrifuges used to enrich nuclear material.

The success of this sabotage came to light only in June 2010, when the malware spread to outside computers. It was spotted by independent security researchers, who identified telltale signs that the worm was the work of thousands of hours of professional development. Despite headlines around the globe, officials in Washington have never openly acknowledged that the US was behind the attack. It wasn’t until 2012 that anonymous sources within the Obama administration took credit for it in interviews with The New York Times.

But Stuxnet is only the beginning. Alexander’s agency has recruited thousands of computer experts, hackers, and engineering PhDs to expand US offensive capabilities in the digital realm. The Pentagon has requested $4.7 billion for “cyberspace operations,” even as the budget of the CIA and other intelligence agencies could fall by $4.4 billion. It is pouring millions into cyberdefense contractors. And more attacks may be planned.

I don’t suppose the American public have any business knowing if their government is launching such attacks. Why would we? What could possibly go wrong?

Inside the government, the general is regarded with a mixture of respect and fear, not unlike J. Edgar Hoover, another security figure whose tenure spanned multiple presidencies. “We jokingly referred to him as Emperor Alexander—with good cause, because whatever Keith wants, Keith gets,” says one former senior CIA official who agreed to speak on condition of anonymity. “We would sit back literally in awe of what he was able to get from Congress, from the White House, and at the expense of everybody else.”

Now 61, Alexander has said he plans to retire in 2014; when he does step down he will leave behind an enduring legacy—a position of far-reaching authority and potentially Strangelovian powers at a time when the distinction between cyberwarfare and conventional warfare is beginning to blur. A recent Pentagon report made that point in dramatic terms. It recommended possible deterrents to a cyberattack on the US. Among the options: launching nuclear weapons.

Like I said, what could possibly go wrong?

When the Guardian revealed this program the other day there was a spirited debate about whether this, unlike the other programs, was something we should welcome and expect. My problem with it wasn’t that the government was creating plans to defend against attacks on US cyber-infrastructure or even war plans in case such a thing happened. What I found questionable was the idea that this was conceived as  21st Century offensive war planning, and and in ways that do not necessarily fall within the traditional “national security” boundaries.

When it comes to cyber issues, I’m afraid we are seeing a confluence of commerce and security that everyone should stop and think about for a minute. How are these people defining the “national interest” and on whose behalf are they planning to launch cyberwar? What are the consequences of doing such a thing and who decides that it must be done?

And what do we think about paying huge amounts of taxpayer dollars to contractors like this?

Defense contractors have been eager to prove that they understand Alexander’s worldview. “Our Raytheon cyberwarriors play offense and defense,” says one help-wanted site. Consulting and engineering firms such as Invertix and Parsons are among dozens posting online want ads for “computer network exploitation specialists.” And many other companies, some unidentified, are seeking computer and network attackers. “Firm is seeking computer network attack specialists for long-term government contract in King George County, VA,” one recent ad read. Another, from Sunera, a Tampa, Florida, company, said it was hunting for “attack and penetration consultants.”

One of the most secretive of these contractors is Endgame Systems, a startup backed by VCs including Kleiner Perkins Caufield & Byers, Bessemer Venture Partners, and Paladin Capital Group. Established in Atlanta in 2008, Endgame is transparently antitransparent. “We’ve been very careful not to have a public face on our company,” former vice president John M. Farrell wrote to a business associate in an email that appeared in a WikiLeaks dump. “We don’t ever want to see our name in a press release,” added founder Christopher Rouland. True to form, the company declined Wired’s interview requests.
[…]
Bonesaw also contains targeting data on US allies, and it is soon to be upgraded with a new version codenamed Velocity, according to C4ISR Journal. It will allow Endgame’s clients to observe in real time as hardware and software connected to the Internet around the world is added, removed, or changed. But such access doesn’t come cheap. One leaked report indicated that annual subscriptions could run as high as $2.5 million for 25 zero-day exploits.

The buying and using of such a subscription by nation-states could be seen as an act of war. “If you are engaged in reconnaissance on an adversary’s systems, you are laying the electronic battlefield and preparing to use it,” wrote Mike Jacobs, a former NSA director for information assurance, in a McAfee report on cyberwarfare. “In my opinion, these activities constitute acts of war, or at least a prelude to future acts of war.” The question is, who else is on the secretive company’s client list? Because there is as of yet no oversight or regulation of the cyberweapons trade, companies in the cyber-industrial complex are free to sell to whomever they wish. “It should be illegal,” says the former senior intelligence official involved in cyber­warfare. “I knew about Endgame when I was in intelligence. The intelligence community didn’t like it, but they’re the largest consumer of that business.”

There are some serious implications to all of this that need to be hashed out by the American people. Of course we need to have defenses against cyber attacks. I don’t think anyone in the country thinks otherwise. But this looks like it could be a monumental financial boondoggle that is in great danger of running amok and causing some very serious problems. Frankly, this scares me much more than the threat that some would-be is going to get a hold of some beauty supplies and blow himself up.

Islamic terrorism is not and never has been an existential threat. This, I’m not so sure about. We should at least have a little chat about it before we let Cyber Buck Turgidson and his friends run wild.

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