Sunday, October 02, 2022

Say, Uncle!

Trump made numerous false, bizarre, and often contradictory explanations for the documents being hoarded at his resort/home. He lied about having them, accused the FBI of planting them, and insisted that they were all unclassified by magic.

m.dailykos.com

Mary Trump on the 'Big Problems' if Donald Trump is Indicted: 'We'd Probably Run Out of Beer

 


Sep 20, 2022 5:39pm PDT by News Corpse, Community

282 419

Last month Donald Trump's Mar-a-Lago bunker was subjected to a search by the FBI. They had a lawful warrant to seek highly sensitive national security materials that Trump had taken illegally from the White House. He later refused to return the documents, hundreds of which were classified Top Secret, even after being subpoenaed.

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Trump made numerous false, bizarre, and often contradictory explanations for the documents being hoarded at his resort/home. He lied about having them, accused the FBI of planting them, and insisted that they were all unclassified by magic.

RELATED: WTF? Now Trump Says the FBI Was Looking for Hillary Clinton’s Emails at Mar-a-Lago

In the weeks since the search, the prospects of Trump being indicted have intensified. So much so that Trump, out of desperation and fear, recently made a thinly veiled threat if an indictment were to be handed down. After returning to the scene of the crime, he told right-wing radio talker, Hugh Hewitt that...

"I don't think the people are going to stand for it. [...] But I think if it happened, I think you'd have problems in this country the likes of which perhaps we've never seen before. I don't think the people of the United States would stand for it. [...] I think they'd have big problems, big problems. I just don't think they'd stand for it. They will not, they will not sit still and stand for this ultimate of hoaxes."

Trump's threat did not sit well with his niece, Mary Trump. On her YouTube program, Ms. Trump put her uncle's threat in an entirely different perspective, saying that...

"Donald said recently that there will be 'big problems' if he's indicted, and he's right. There will be big problems. for him. I know that he was in his not-too-subtle way, threatening the rest of us with the violence of his insane followers. But, you know that's not going to happen. There is not going to be some mass uprising to protest the fact that Donald finally for once in his life is being held accountable. The real problem is that we're probably going to run out of beer."


...In the weeks since the search, the prospects of Trump being indicted have intensified. So much so that Trump, out of desperation and fear, recently made a thinly veiled threat if an indictment were to be handed down. After returning to the scene of the crime, he told right-wing radio talker, Hugh Hewitt that...

"I don't think the people are going to stand for it. [...] But I think if it happened, I think you'd have problems in this country the likes of which perhaps we've never seen before. I don't think the people of the United States would stand for it. [...] I think they'd have big problems, big problems. I just don't think they'd stand for it. They will not, they will not sit still and stand for this ultimate of hoaxes."

DEJA VU: Time Travel | TOM TOMORROW

 Back to the future...



Cartoon: The time traveler from 1977

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Just The News...A little noted trend these days

 


"It's just too much Big Brother. And the connections now between private industry and the government is becoming one of the great issues of the 21st century...Many private entities, such as hedge funds and marketing firms, buy this location data for business purposes. However, other clients are from the government — namely federal, state, and local law enforcement, as well as military and intelligence agencies.

justthenews.com

Big Brother watching? Government agencies buying cell phone, internet data to track Americans

By Aaron Kliegman
9 - 11 minutes

In a little noted trend, law enforcement agencies at every level of government are increasingly buying data from private, third-party data brokers on Americans' phone and internet activities in order to track them, often without a warrant.

While proponents say this practice provides critical help for investigations, critics argue it poses a serious violation of civil liberties that needs to be addressed through legislation.

One of the latest revelations about this controversial public-private partnership came from the Electronic Frontier Foundation, a nonprofit dedicated to "defending civil liberties in the digital world."

EFF recently obtained a trove of records through Freedom of Information Act requests on local and state police departments, as well as federal entities, purchasing a cellphone tracking tool that can monitor people's movements going back months in time.

The tool, Fog Reveal, is a product of the company Fog Data Science, which claims it has "billions" of data points about "over 250 million" devices that can be used to learn where people work, live, and associate.

Fog has past or ongoing contractual relationships with at least 18 local, state, and federal law enforcement clients, according to the documents reviewed by EEF.

Law enforcement has used the Fog data for a wide range of investigations, from the murder of a nurse in Arkansas to tracking the movements of a potential participant in the Jan. 6 Capitol riot, the Associated Press reported.

According to Fog, it's providing a helpful service so law enforcement agencies can better do their jobs.

"Local law enforcement is at the front lines of trafficking and missing persons cases, yet these departments are often behind in technology adoption," Matthew Broderick, a Fog managing partner, told the AP. "We fill a gap for underfunded and understaffed departments."

Others see the arrangement as a violation of Americans' civil liberties and the U.S. Constitution.

"Reporting and a recent investigation by EFF confirms that law enforcement across the country is regularly getting access to our private movements — with the ability to retrace our daily lives — often without a warrant," Aaron Mackey, senior staff attorney for EEF, told Just the News. "This is an end-run around the Fourth Amendment and permits broad surveillance that can sweep up anyone who happens to be near the scene of a crime."

Law enforcement agencies are getting much of this information from data brokers such as Fog, which harvest consumers' location data from app developers and then sell it to the agencies.

Specifically, various smartphone apps request location access in order to enable certain features. Once a person grants that access, the app is able to share it with other parties. Data brokers strike deals with the app developers — or with other data brokers — through various arrangements to obtain the information and sell it.

Many private entities, such as hedge funds and marketing firms, buy this location data for business purposes. However, other clients are from the government — namely federal, state, and local law enforcement, as well as military and intelligence agencies.

The government's interest in such data extends beyond phones to internet usage.

Multiple branches of the U.S. military have bought access to an internet monitoring tool that claims to cover over 90% of the world's internet traffic and can also provide access to people's email data, browsing history, and other information such as their sensitive internet cookies, according to documents reviewed by Vice last week.

The documents reveal the sale and use of a monitoring tool called Augury, which is developed by the cybersecurity firm Team Cymru and bundles a massive amount of data together and makes it available to government and corporate customers as a paid service.

Vice found that the U.S. Navy, Army, Cyber Command, and the Defense Counterintelligence and Security Agency have collectively paid at least $3.5 million to access Augury, allowing them to track internet usage and access large amounts of sensitive information.

In a letter last week to the inspectors general for the Justice, Defense, and Homeland Security departments, Sen. Ron Wyden (D-Ore.) wrote that a whistleblower contacted his office concerning the alleged warrantless use and purchase of this data from Augury by NCIS, a civilian law enforcement agency that's part of the Navy. According to Wyden, the whistleblower came to him after filing a complaint through the official reporting process with the Pentagon.

The purpose of Wyden's letter was to request the the agency watchdogs investigate the warrantless purchase of Americans' internet traffic data. Wyden expressed concern that by obtaining information from third-party data brokers and avoiding any judicial review process, government agencies were circumventing the Fourth Amendment's warrant requirements, which are meant to protect against unreasonable searches and seizures.

Last month, the House approved changes to next year's military budget requiring the Defense Department to disclose any purchases of smartphone or web browsing data that would normally require a warrant.

Government watchdogs have previously addressed the issue of warrants. Last year, for example, J. Russell George, inspector general of the Treasury Department, responded to an inquiry from Wyden and Sen. Elizabeth Warren (D-Mass.) about the IRS purchasing location data from data broker Venntel.

George wrote that IRS officials said they didn't need a warrant because "the information available had been voluntarily turned over through individual permissions" in the apps and devices they use.

The implication seems to be that when people allow location access and agree to all an app's terms, they also agree to potentially being surveilled by the government.

Among the largest government buyers of bulk location data is the Department of Homeland Security and several of its agencies, including Immigration and Customs Enforcement and Customs and Border Patrol.

DHS has paid millions of dollars in recent years to purchase, without warrants, cellphone location data from two companies to track the movements of both Americans and foreigners inside the U.S., at U.S. borders, and abroad, according to a report released by the American Civil Liberties Union in July.

Also in July, the Heritage Foundation filed a lawsuit against the Biden administration demanding the release of all documents related to DHS' contract with Babel Street, a Virginia-based data mining and surveillance company.

The contract concerns a Babel Street product capable of retrieving and copying data both from online sources and from apps running on the smartphones and other devices of billions of people worldwide.

In announcing its lawsuit, Heritage expressed concern about DHS working with private companies to monitor Americans' social media accounts and the prospect of government agencies searching and aggregating the data.

Other federal departments and agencies have partnered with data brokers. The FBI last year released its own contracts with Venntel, although they were heavily redacted. The documents showed the bureau paid $22,000 for a single license to the Venntel Portal.

For critics, legislation is necessary to ensure the government doesn't infringe on the rights of citizens.

"Law enforcement's exploitation of our private digital data is dangerous and unconstitutional," said Mackey. "This harmful surveillance is only possible because there is no federal law that ensures that everyone can control their private data. It's past time Congress acted to protect our private information from both private and government surveillance."

Some senators are reportedly pushing for legislation that would limit the ability of law enforcement agencies to buy data to track people's whereabouts without a warrant.

Many of the federal government purchases aren't meant to surveil Americans inside the U.S.

In one project, for example, researchers at Mississippi State University used a service provided by Babel Street to track movements around Russian missile test sites, including those of high-level diplomats. The U.S. Army funded the project.

The Iowa Air National Guard and U.S. Special Operations Command have also used information from data brokers for operations overseas.

Still, the potential for surveilling Americans has many prominent legal experts concerned.

"The only reason we permit private people to track you for business purposes is because we assume that it won't end up in government hands," renowned civil liberties lawyer Alan Dershowitz told the "Just the News, Not Noise" television show Tuesday. "If the government wanted to do the same thing, they'd need a warrant. I mentioned they tracked Mike Lindell He was hunting with his friends, and he was at Hardees — how did they find him? Did they buy data? Or did they have a GPS on him? Or did they track his cell phone? ...

"It's just too much Big Brother. And the connections now between private industry and the government is becoming one of the great issues of the 21st century: Google and Facebook and whether or not Google and Facebook have to take instructions from the government."

WORLD WAR III: What if What? ? ? ? ? ? ? ?

 Intro: Hmmm so far who is 'concerned' - there's that convenient passive word again! 


 

As far as Hill is concerned, we are already fighting in the Third World War, whether we acknowledge it or not. “We’ve been in this for a long time, and we’ve failed to recognize it,” she said.

✓ [ 1 ]

www.bloomberg.com

Investors Are Often the First Casualties of War

Niall Ferguson
17 - 21 minutes


"The Ukraine crisis may yet produce the biggest war in Europe since 1945. 
Or it may produce some strange new hybrid of cyberattacks, “little green men” and maskirovka (military deception) that won’t quite match our preconceived notion of war. Or — though this now seems the lowest-probability scenario — President Vladimir Putin may turn out to be Russia’s answer to “The Grand Old Duke of York,” who (as well-educated children know) “had ten thousand men / He marched them up to the top of the hill / And he marched them down again.”

In January, I warned: “War is coming.” Yet history is full of wars that nearly happened but then didn’t, from the Franco-German “War in Sight” crisis of 1875 to the Cuban Missile Crisis of 1962. For regular investors, these are nail-biting times because wars, unless they are very small and asymmetrical, tend to have big financial consequences. For speculators, by contrast, war scares are golden opportunities. Position yourself correctly, and you can make a killing if the dogs of war are unleashed — though if the hellhounds get sent back to their kennels, it’s you who gets killed and the guy who bet on peace gets the champagne.

In normal times, markets ebb and flow on the latest economic statistics. During a war scare, by contrast, it’s political news that moves the markets. During the past week, for example, all kinds of prices have moved, sometimes by large amounts, in response to the mere utterances of the key actors in the geopolitical drama. The price of gold, the price of oil, the exchange rate of the ruble, the European and American stock markets, as well as a host of exchange-traded instruments linked to measures of volatility — all have gyrated as the world’s managers of money have adjusted their probabilities of war upward or downward. . ."

^ READ MORE ^ 

 

www.marketwatch.com

'Why shouldn’t it be as bad as the 1970s?' Historian Niall Ferguson warns the world is sleepwalking into an era of political and economic upheaval akin to the 1970s — only worse.

Clive McKeef
4 - 5 minutes

‘I’m going to go out on a limb: Let’s consider the possibility that the 2020s could actually be worse than the 1970s.’

— Niall Ferguson, historian and author

Historian Niall Ferguson warned Friday that the world is sleepwalking into an era of political and economic upheaval akin to the 1970s — only worse.

Speaking to CNBC at the Ambrosetti Forum in Italy, Ferguson said the catalysts had already occurred to spark a repeat of the 1970s, a period characterized by an OPEC oil embargo, Middle East war and high inflation. Yet this time, the severity of recent shocks was likely to be greater and more sustained.

“The ingredients of the 1970s are already in place,” Ferguson, Milbank Family Senior Fellow at the Hoover Institution at Stanford University, told CNBC’s Steve Sedgwick.

“The monetary- and fiscal-policy mistakes of last year, which set this inflation off, are very alike to the ’60s,” he said, likening recent price hikes to the high inflation of the 1970s.

“And, as in 1973, you get a war,” he continued, referring to the 1973 Arab-Israeli War — also known as the Yom Kippur War — between Israel and a coalition of Arab states led by Egypt and Syria.

As with Russia’s current war in Ukraine, the 1973 Arab-Israeli War led to involvement from the superpowers, the Soviet Union and the U.S., setting off a wider energy crisis. Only that time the conflict lasted just 20 days. Russia’s unprovoked invasion of Ukraine is six months old, suggesting any repercussions for energy markets could be far worse.

“This war is lasting much longer than the 1973 war, so the energy shock it is causing is actually going to be more sustained,” said Ferguson.

Politicians and central bankers have been trying to mitigate the worst effects of the coronavirus pandemic and the Ukraine war by raising interest rates to combat inflation and reducing reliance on Russian energy imports.

But Ferguson, who has been a professor at Harvard, the London School of Economics and New York University and has authored 16 books, including his most recent, “Doom: The Politics of Catastrophe,” said there was no evidence to suggest that current crises could be avoided

INSERTS 

 





✓ [ 2 ] SUSAN GLASSER 

Video Insert



2 days ago · The Bulwark Podcast: https://www.thebulwark.com/podcast/the-bulwark-podcast/Charlie Sykes and guests discuss the latest news from inside 

What if We’re Already Fighting the Third World War with Russia? 

Putin’s latest provocations once again put Washington in an awful bind.
www.newyorker.com
Susan B. Glasser
8 - 10 minutes

"Nuclear blackmail, illegal annexation of territory, hundreds of thousands of Russian men rounded up and sent to the front lines in Ukraine, undersea gas pipelines to Europe mysteriously blowing up. After endless speculation, we can now say it for sure: this is how Vladimir Putin responds when he is backed into a corner.

Throughout seven awful months of war in Ukraine, President Joe Biden has held to a steadfast line when it comes to the Russian invasion: his goal is to help Ukraine win while also insuring that victory does not trigger a Third World War. 

But as Russian forces have experienced U.S.-aided battlefield setbacks in recent days, Putin has reacted by ratcheting up the pressure. It’s far from clear how Washington will be able to continue to pursue both goals simultaneously, given that Putin is holding Ukraine—and the rest of the world—hostage to his demands. On Friday, Putin plans to affirm the results of what the Biden Administration has sternly termed “sham ‘referenda’ ” as a pretext to declare Russian-occupied territories in Ukraine part of the Russian state. How could Biden, or the Ukrainian President Volodymyr Zelensky, or anyone else who believes in international order agree to that?

And yet Donald Trump and the growing faction of pro-Putin cheerleaders in the conservative media—Tucker Carlson, I’m thinking of you—are demanding still more concessions to Russia in response to Putin’s escalating threats. The other night, Carlson, citing no evidence, blamed the United States for somehow playing a role in attacks on the Nord Stream gas pipelines. Charlie Kirk, one of the most outrageous of the junior Trumpists, speculated that it was “a potential midterm-election operation” and that U.S. intelligence agencies should be considered “guilty until proven innocent”—an appalling smear gleefully parroted on Russian state TV. The ex-President—who during his time in office did so much to weaken NATO and undermine American allies while also praising Putin—even offered himself up as a mediator. On Wednesday, in a post on Truth Social, his Orwellian-named social-media platform, he insisted, “get a negotiated deal done NOW.”

Which, of course, is exactly what Putin wants Trump to say. After a Ukrainian counter-offensive in the eastern Kharkiv region this month pushed Russian forces back to their own border, Putin responded with new provocations designed to force the West to the bargaining table, since his exceptionally brutal yet inept application of military force failed to do so. That, at least, is the consensus view of many of America’s smartest Kremlin watchers. . .
[.  ]  Watching all of this, it’s hard not to think of how often over the past two decades the West has collectively failed to get Putin right—or to get him at all. Over the summer, the Aspen Strategy Group asked me to give a presentation about Russia at war, and what stood out to me in my research was the number of times, and variety of ways, in which the U.S. and its allies had missed the mark in understanding Putin at critical junctures in his long tenure as Russia’s modern tsar.

Again and again, Putin has profited from the application of military force to achieve otherwise unattainable political gains. He came to power by promoting war in the separatist Russian province of Chechnya. He sent Russian troops to Georgia and Syria and, in 2014, to Ukraine. Each time, there were endless rounds of speculation in Western capitals about how to create an “exit ramp” that would finally entice Putin to end his incursion. Putin just kept barrelling down the highway.

So, yes, I’m skeptical when I hear the latest round of “exit ramp” talk. If there’s one thing I’ve learned from watching Putin all of this time, it’s that he is not one to walk away from a fight or back down while losing—escalation is his game, and by now he is very, very practiced at it. As the Moscow Times put it, in a fascinating piece of reporting from inside the Kremlin, “Putin always chooses escalation.”


."

Post Script


Saturday, October 01, 2022

PCAP data is “everything,”

 


Defense Department Latest To Be Caught Hoovering Up Internet Data Via Private Contractors

from the haystacks-at-wholesale-prices dept

"Everyone’s got a hunger for data. Constitutional rights sometimes prevent those with a hunger from serving themselves. But when they’ve got third parties on top of third parties, all Fourth Amendment bets are off. Data brokers are getting rich selling government agencies the data they want at low, low prices, repackaging information gathered from other third parties into tasty packages that give US government agencies the data they want with the plausible deniability they need.

✓Relying on the third-party doctrine that mostly ignores the Fourth Amendment and the public claims of data brokers that the massive amount of data being hawked to willing buyers cannot, in and of itself, positively ID anyone, federal agencies are amassing haystacks without having to worry too much about upsetting the probable cause cart.



✓✓ Who’s grabbing all this data from data brokers? Well, it’s DC’s heaviest hitters, including ICE, CBP, the FBI, IRS, Secret Service, and — according to this report from Joseph Cox for Motherboard — the Department of Defense.


Multiple branches of the U.S. military have bought access to a powerful internet monitoring tool that claims to cover over 90 percent of the world’s internet traffic, and which in some cases provides access to people’s email data, browsing history, and other information such as their sensitive internet cookies, according to contracting data and other documents reviewed by Motherboard. 

The report is drawn from the information revealed by Senator Ron Wyden in his letter [PDF] to the Inspectors General of the FBI and DHS, as well as (most relevantly here) the Defense Department’s oversight.

The material reveals the sale and use of a previously little known monitoring capability that is powered by data purchases from the private sector. The tool, called Augury, is developed by cybersecurity firm Team Cymru and bundles a massive amount of data together and makes it available to government and corporate customers as a paid service.

As Cox points out, there are non-privacy violating uses for this data. Analysts and security researchers use this treasure trove to track malicious hackers and/or do due diligence for cyberattack attribution.


How the US military utilizes this data is unknown. Much of it appears to be foreign-facing, which means most collections won’t raise constitutional eyebrows. The procurement record shows the Defense Department is particularly interested in accessing data from collection points around the world, including those found in Europe, the Middle East, Africa, and Asia. But the procurement request also notes the data accessed might originate in North America, which is where plenty of US citizens reside.


Even if the Defense Department makes an effort to steer clear of US persons’ data, there’s no way Team Cymru can guarantee the military won’t end up with plenty of local data in its possession. Its (defensive) statements in response to questions from Motherboard suggests that by the time the data is packaged for sale, the company doing the harvesting (either directly or indirectly) doesn’t have much insight into its country of origin.

“Our platform does not provide user or subscriber information, and it doesn’t provide results that show any pattern of life, preventing its ability to be used to target individuals. Our platform only captures a limited sampling of the available data, and is further restricted by only allowing queries against restricted sampled and limited data, which all originates from malware, malicious activity, honeypots, scans, and third parties who provide feeds of the same. Results are then further limited in the scope and volume of what’s returned,” Team Cymru said in another email. 


If the platform truly laundered data into near-obscurity, it would be useless to those seeking it. So, either Team Cymru is relying on things unsaid to imply it isn’t helping federal agencies bypass constitutional protections, or it’s providing a service that asks end users to do all the analytic heavy lifting. It seems unlikely federal agencies (which include the FBI and DHS) would pay good money for access to a bunch of data that can’t be used to observe “patterns of life” or otherwise assist in pulling needles from Augury’s haystacks.

And a *lot* of money has been spent. Wyden’s letter notes the DoD has been evasive when asked direct questions by the senator.

While I have been able to make public important details about government agencies’ purchase of location data, my efforts to probe and shed light on the government’s purchase of internet browsing records have been frustrated by the Pentagon.

[…]

After DOD refused to release this information without restrictions, my staff learned that public contract information had been posted online, showing that multiple DoD agencies purchased data from data brokers that reveal internet browsing history: The Defense Counterintelligence and Security Agency spent more than $2 million purchasing access to netflow data, and the Defense Intelligence Agency purchased Domain Name System data. My office asked DOD to re-review their decision to maintain the CUI restrictions on the written answers DOD had previously provided, in light of these public contracts. DOD yet again refused, on May 25, 2022.


The Defense Department appears very reluctant to discuss its $2 million contract that allows it to hook itself up to Team Cmyru’s firehose. Rest assured, these government dollars are not being misspent. The DoD is definitely getting what it paid for.

Public contracting records confirm that the Augury tool provides access to “petabytes” of network data “from over 550 collection points worldwide” and “is updated with at least 100 billion new records each day.” The contracting records also confirm that Augury provides access to email data (“IMAP/POP/SMTP pcap data”) and data about web browser activity (“cookie usage,” “UserAgent data” and “URLs accessed”).

For those not familiar with the term used by Wyden, “pcap” is all-encompassing when it comes to internet traffic data.

PCAP data is “everything,” Zach Edwards, a cybersecurity researcher who has closely followed the data trade, told Motherboard in an online chat. “It’s everything. There’s nothing else to capture except the smell of electricity.”

Massive amounts of data, only limited by the government’s desire and Team Cmyru’s internal controls, whatever they actually are. That’s a lot of info on internet users’ habits, all of which can be had for a few million dollars a year, unrestrained by constitutional restrictions. As far as the government is concerned, a bunch of data that can be used to identify people and track their internet habits, if not their actual location (thanks to the wealth of location data generated by devices, apps, and on-the-go software) isn’t a Fourth Amendment issue because there are a few degrees of separation (and, possibly, meaningless “anonymization”) separating data generators from the government agencies buying access to this data.

That the Defense Department is unwilling to speak honestly to Wyden about this data haul signals there’s something questionable about its actions. Hopefully, this pressure will persuade the DoD to terminate its contract with Augury/Team Cmyru and find more constitutionally-sound ways to gather data."

Filed Under: , , , , , , ,

In short, the culture of free speech is always under threat for every generation...In almost every era of U.S. history, the bounds of free expression have been contested

Jump ahead, "...As Serwer notes, some of this is a spectrum, and it may be more difficult to identify what is and what is not appropriate, but I’d argue that’s also what is allowing the claims of “cancel culture” to be adopted as a shield by those who don’t want to face even the slightest bit of actual accountability...There’s much more in the full piece that is worth reading, so make sure you go read the whole thing. However, it also calls to mind a few other recent pieces on this general topic..." 



www.techdirt.com

There Are Real Threats To Free Speech Everywhere. Cancel Culture Is Far Down The List

Tue, Sep 27th 2022 09:31am - Mike Masnick
14 - 18 minutes

from the cancel-me-already dept

"I’ve written a few times lately about the overreaction many people seem to have to claims that “cancel culture” is a “threat to free speech.” Obviously, there are some examples of people overreacting to speech they dislike, but more often than not, the claims of “cancel culture” are really assholes upset that they’re being held accountable for being assholes. Even in the few cases that do appear to be unjust overreactions to speech, it feels like the people who make the biggest deal about it are actually those who are hiding behind those rare legitimate cases to hide their own fear of facing consequences for their own speech. A friend has referred to this as “cancelled man syndrome,” in which people who know they’re spewing questionable nonsense are scared to death of finally being called on it. It’s perhaps a close relation to “imposter syndrome,” but rather than having to just deal with your internal insecurities, you deal with it by insisting it’s unfair for people to criticize you too vocally.


Adam Serwer, over at the Atlantic, has a good article on all of this, and comes up with his own term for it: “the tyranny of the ratio” (“the ratio” being what happens when you tweet something so monumentally stupid, that you have way more responses calling you out than either likes or retweets)..[ ]

". . .It’s easy to scream cancel culture, or censorship, or the idea that people are resistant to ideas they disagree with (which is not, actually, supported by the data). But many of these things turn on the actual marketplace of ideas. You or I might disagree with where things came out in the end, but in many of these cases, it does appear that editors, or publishers, or schools, or whoever else is being accused of “bowing to the mob” are actually paying attention to what that “marketplace” is saying. And that includes understanding how the market might respond to the publication of a book, or having a speaker who is unwilling or unable to take into account listener’s views, or whatever else the issue may be.

Again, no one is saying that this always works out fairly. It doesn’t. Mobs can go off the rails, and treat people unfairly. That’s always been the case. And some organizations may overreact to a mob, when they should stand up and push back on them. But, almost all of this actually is speech itself.

It’s messy. It’s not always accurate, but it’s how speech happens. To whine about “cancel culture” seems to be mostly missing the point. It seems a lot more like attempts to be able to speak up without consequence, and to not have to face the reactions to your own speech with expression from others.

In the first article we discussed above, Serwer notes that it’s not always easy to see where the line is. And that’s true. But if we’re going to support the “culture of free speech,” it would certainly help if people stopped treating mere offense as an attempt to “cancel,” and recognized the vast differences between state attempts to silence speech and the expressive wishes of others."

^ READ MORE ^ 


 

RELATED CONTENT

Posts about Adam Serwer written by Andrew. ... the most prominent self-styled defenders of free speech, or at least, far less than the tyranny of the ratio. 
 
newyorkfolk.com

The Right to Free Speech Is Not the Right to Monologue

Published 3 weeks ago on September 8, 2022 By James White
14 - 18 minutes

"In August, the author Salman Rushdie was stabbed in the neck. The novelist has spent decades living under the threat of a hit put out by Ayatollah Ruhollah Khomeini in 1989. The religious directive was a response to Rushdie’s novel The Satanic Verses, which Khomeini regarded as blasphemous. For many, the attack was an opportunity to reflect on the importance of free expression, and a reminder of the clear distinction between speech and violence.

For others, it was an opportunity to remind others of the clear distinction between speech and violence, which is something that all those snowflake libs, who are sort of like the fanatic who stabbed Rushdie in the neck, should take to heart.

“We live in a culture in which many of the most celebrated people occupying the highest perches believe that words are violence,” Bari Weiss wrote on her Substack, citing no one in particular. “In this, they have much in common with Iranian Ayatollah Ruhollah Khomeini.” She added that “of course it is 2022 that the Islamists finally get a knife into Salman Rushdie. Of course it is now, when words are literally violence and J.K. Rowling literally puts trans lives in danger and even talking about anything that might offend anyone means you are literally arguing I shouldn’t exist.”

As an outlet, The Atlantic attempts to provide readers with a broad spectrum of perspectives based on shared values. One of these values is freedom of speech, a principle to which I and all of my cherished colleagues are deeply committed. The assassination attempt on Rushdie was a direct attack on that freedom, and it should be no surprise that writers here have a great deal to say about it. But I must respectfully disagree with some of my colleagues about the conclusions they have drawn from the attack, linking contemporary left-wing discourse with a fundamentalist theocrat’s call for assassination.

My colleague Graeme Wood pointed to Jimmy Carter’s 1989 op-ed criticizing Rushdie to argue that “over the past two decades, our culture has been Carterized. We have conceded moral authority to howling mobs, and the louder the howls, the more we have agreed that the howls were worth heeding.” He acknowledged, however, that “since the attempt on Rushdie’s life, almost no one has advanced these arguments,” meaning a link between the emotional injury of blasphemy and the very literal violence of murder. If our society were truly “Carterized,” I would have expected instead to have seen some prominent American figures make the argument Carter did decades ago.

Another one of my colleagues, Caitlin Flanagan, settled for an exegesis of the views of the Twitter user @MeerAsifAziz1, whose account no longer exists. She argued that “the culture of free speech is eroding every day,” and offered a hypothetical example: “Ask an Oberlin student—fresh outta Shaker Heights, coming in hot, with a heart as big as all outdoors and a 3 in AP Bio—to tell you what speech is acceptable, and she’ll tell you that it’s speech that doesn’t hurt the feelings of anyone belonging to a protected class.”

I’ll make no secret that I believe the focus on the misguided egalitarianism of undergraduates at private colleges has been disproportionate. People like this exist, though, and it’s fair to criticize them. What I frankly find puzzling is presenting this hypothetical student as the avatar of the idea that dangerous speech and ideas must be suppressed, when in statehouses and governors’ mansions, politicians who have the authority to enforce their ideas about censorship with state power are actually putting them into practice. Unlike the hypothetical Oberlin student, these officials are real, and the threat they pose to free speech is not only clear and present, but backed by a certain level of popular demand.

I agree with Weiss and Wood and Flanagan that there is a bright line between speech and violence that must be respected, and that trying to kill someone for offending you is monstrous. Speech is not violence, and to argue so is to imply that violence is an appropriate response. The unacknowledged reality of these three essays, however, is that what I just stated remains the broad, widely held consensus in American life, from right to left. Americans simply do not live under anything resembling the kind of repression in which people are killed for blasphemy with state or popular support.

Weiss, Wood, and Flanagan also noted the objection of a group of writers and thinkers to the PEN association bestowing an award on Charlie Hebdo, the French satirical publication that terrorists attacked in 2015 over its caricatures of the Muslim prophet Muhammad, murdering 12 people, including several staff members, police officers, a maintenance worker, and someone who was visiting that day. The letter signers described the massacre as “sickening and tragic” while criticizing PEN for “valorizing selectively offensive material: material that intensifies the anti-Islamic, anti-Maghreb, anti-Arab sentiments already prevalent in the Western world.”

Weiss attacked the “civic cowardice” of those who objected, while Flanagan wrote that these writers were pressuring the organization to “abandon its mission” of protecting freedom of expression. Wood described the writers’ position as muddling “the distinction between offense and violence, and between a disagreement over ideas and a disagreement over whether your head should remain attached to your body.”

I would not have signed that letter if asked, not only because I do not sign open letters, as a matter of preference, but because I believe that blasphemy is a human right, and that the message that PEN was sending with the award was an endorsement not of Charlie Hebdo’s content but of the staff’s bravery in the face of an attempt to silence them through murder. But just as I have no objection to the award, I have no issue with people criticizing it because they do not want it to be interpreted as an endorsement of the racist caricatures Charlie Hebdo is known for, even accepting that they are intended with a layer of irony. (I’m not sure how many of the people disseminating these images are aware of the irony.) These may be mutually exclusive positions, but both are consistent with respecting free speech. Indeed, both the writers of the letter and its critics are arguing that there are things you can say but should not.

One of the significant measures of free speech in a given society is how people deal with blasphemy—whether religious offense provokes state censorship or violence. America has a relatively strong record in that respect in comparison with much of the rest of the world, while clearly faltering in others. The suggestion here, however, is that the writers who objected to the award granted to Charlie Hebdo are in some sense justifying the massacre, and therefore defending the notion that violence is an appropriate response to offensive speech. But surely one can defend the right of Nazis to publicly protest while rejecting the tenets of national socialism. If I cannot defend the fundamental right of a speaker to be offensive while objecting to their speech, then what am I actually defending?

In this case, the rights being asserted seem to be the right to be offensive, and the right of the offended to shut up and like it. The former combined with the latter is not an assertion of the right to free speech so much as a right to monologue, which I do not recognize.

The American culture of free speech is indeed under threat, as Flanagan argued. Free speech requires a robust exchange of views without the coercion of threats and violence, and self-censorship in response to social pressure is a genuine risk. Yet by definition, there is no free speech if one person is allowed to make an argument and another is not allowed to object to it. Nor has there ever been a time in American history when freedom of speech was not threatened with proscription by the state, or when one could express a controversial opinion and not risk social sanction. In short, the culture of free speech is always under threat.

In almost every era of U.S. history, the bounds of free expression have been contested. In the founding era, patriots tarred and feathered royalists. Before the Civil War, southern states passed laws that could be used to prosecute the dissemination of abolitionist literature and sought to prevent the Postal Service from delivering antislavery pamphlets, saying they would foment insurrection by the enslaved. Mobs followed the abolitionist Frederick Douglass across the North, throwing rotten eggs, stones, and menacing slurs at the orator at speaking events.  After Reconstruction, white supremacists destroyed the office of Ida B. Wells’s newspaper, The Free Speech and Headlight, following the publication of an editorial arguing that lynchings of Black men accused of raping white women were in fact punishment for consensual relationships. The Red Scares of the 20th century saw Americans forced from their jobs and prosecuted for leftist beliefs or sympathies on the grounds that those were tantamount to a commitment to overthrowing the government. Out of that crucible emerged a civil libertarian concept of free speech that many have mistaken for timeless rather than a product of a certain history and a particular arrangement of political power. The idea that certain forms of speech or expression justify or provoke violence, let alone that blasphemy does so, is not an invention of modern social-justice discourse.

Every generation faces a different challenge when it comes to freedom of expression. Ours includes not only the widespread and growing campaign of state censorship led by Republican lawmakers, but a social-media panopticon that can both deny us the privacy necessary to come to our own conclusions and inhibit the courage necessary to express them. Most of us are not meant to be privy to every misguided utterance of a stranger, nor are we meant to have our errors or worst moments evaluated publicly by people who learned of our existence only as the focus of political propaganda, as the subject of ridicule, or as acceptable targets in pointless feuds between online cliques. (Although it must be said, there are those who thrive in such conditions, and have successfully exploited them for fame, profit, and status.)

Yet, as Aaron R. Hanlon recently wrote in The New Republic, this wave of censorship laws in Republican-controlled states bears scant mention among many of the most prominent self-styled defenders of free speech, or at least, far less than the tyranny of the ratio. But we do not become little Rushdies when our inboxes and mentions are inundated with deranged filth from disturbed strangers, as a result of the public-facing profession we chose and the technological advancements that make us more accessible to such people.

It is not minimizing the power of digital mobs to say that spending decades with the state-backed threat of an assassin’s blade at your throat is coercion of a different magnitude. The wrath of an online mob can be harrowing: harassment, outrageous falsehoods, and threats are not pleasant to bear, and can threaten not just your mental health but your livelihood, and in extreme cases your safety. To pretend that seeking to avoid such an experience does not condition what people say and how they act would be foolish. But to pretend that this is a left-wing ideological phenomenon rather than a structural one, when educators, medical providers, election officials, and others from all walks of life are being driven underground by right-wing influencers who can conduct a mob like an orchestra, would be equally foolish.

The United States is living through the largest wave of state censorship since the second Red Scare. Beyond the plague of education gag laws restricting the teaching of unpleasant facts about American history, conservative judges seek to rewrite constitutional free-speech protections to punish the “liberal” media, and conservative states pass laws against public protest and immunize from liability those who would run over protesters with their cars, while law-enforcement organizations hope to use civil lawsuits to sue demonstrations against police brutality out of existence. Conservatives have sought to fire librarians and purge public libraries of books they deem controversial by categorizing them as obscene, as state officials try to punish teachers who provide their students with public information that allows them to access samizdat from libraries in states where it is not forbidden. Not only do abortion bounty laws seek to enforce silence around reproductive health, lest a person discussing the subject prick the ears of some snitch seeking a payday, but the overturning of Roe has coincided with explicit attempts to criminalize speech about abortion. In the strongest labor market in a generation, billionaires seek to use their power and authority to crush workers organizing for better conditions and a living wage.

There is no shortage of major free-speech issues to address in America today, but many of us in the writing profession are primarily concerned with our social-media experience, because that is what we most directly and frequently encounter. Instead of recognizing that the warped behavioral incentives created by social media are a structural problem, we tend to blame the people online who annoy us the most. In many cases, those defending “free speech” are not defending freedom of expression so much as seeking the power to determine which views can be publicly expressed without backlash, and which can be silenced without reproach. When we speak of an idealized past without chilling effects, we are simply imagining a time when the social consensus was repressive and stifling for someone else.

These conflicts are far more complex precisely because there is no clear line where social pressure from those exercising their rights of free speech and association crosses over into censoriousness. State censorship and violent compulsion are relatively easy to identify and oppose, if not always easy to prevent. When does accountability become harassment? When does protest become coercion? What views should be acceptable to state in polite society, and which should be appropriately shunned by decent people? When does a voice of criticism become the howl of a mob? When does corporate speech become corporate censorship? No society in human history has ever had simple answers to these questions. In a free society, sometimes people will choose to be horrible, and there is little to do other than make a different choice and counsel people to do the same.

Presenting these dilemmas as similar to an attempt to silence someone with a theocratic death mark is trivializing, and ahistorical. There has never been a golden age when anyone could say what they wanted without consequence, only eras in which one shared perspective was dominant. Though nostalgia may cloud our perceptions, those times were no more free, even if politics, ideology, or self-promotion might compel us to remember otherwise."

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