Permanent Record

by Edward Snowden

The early rush to turn commerce into e-commerce quickly led to a bubble, and then, just after the turn of the millennium, to a collapse. After that, companies realized that people who went online were far less interested in spending than in sharing, and that the human connection the Internet made possible could be monetized.

The American government, in total disregard of its founding charter, fell victim to precisely this temptation, and once it had tasted the fruit of this poisonous tree it became gripped by an unrelenting fever. In secret, it assumed the power of mass surveillance, an authority that by definition afflicts the innocent far more than the guilty.

The freedom of a country can only be measured by its respect for the rights of its citizens, and it’s my conviction that these rights are in fact limitations of state power that define exactly where and when a government may not infringe into that domain of personal or individual freedoms that during the American Revolution was called “liberty” and during the Internet Revolution is called “privacy.”

The attempts by elected officials to delegitimize journalism have been aided and abetted by a full-on assault on the principle of truth. What is real is being purposefully conflated with what is fake, through technologies that are capable of scaling that conflation into unprecedented global confusion.

Life only scrolls in one direction, which is the direction of time, and no matter how far we might manage to go, that invisible wall will always be just behind us, cutting us off from the past, compelling us on into the unknown.

Only by analyzing a mechanism in its individual parts were you able to determine whether its design was the most efficient to achieve its task. If it was the most efficient, just malfunctioning, then you fixed it. But if not, then you made modifications to improve the mechanism. This was the only proper protocol for repair jobs, according to my father, and nothing about it was optional—in fact, this was the fundamental responsibility you had to technology.

This fact alone virtually guaranteed technological tyranny, which was perpetuated not by the technology itself but by the ignorance of everyone who used it daily and yet failed to understand it. To refuse to inform yourself about the basic operation and maintenance of the equipment you depended on was to passively accept that tyranny and agree to its terms: when your equipment works, you’ll work, but when your equipment breaks down you’ll break down, too. Your possessions would possess you.

I’m not a natural programmer, and I’ve never considered myself any good at it. But I did, over the next decade or so, become good enough to be dangerous.

Readers who were born postmillennium might not understand the fuss, but trust me, this was a goddamned miracle. Nowadays, connectivity is just presumed. Smartphones, laptops, desktops, everything’s connected, always. Connected to what exactly? How? It doesn’t matter. You just tap the icon your older relatives call “the Internet button” and boom, you’ve got it: the news, pizza delivery, streaming music, and streaming video that we used to call TV and movies.

Internet access, and the emergence of the Web, was my generation’s big bang or Precambrian explosion. It irrevocably altered the course of my life, as it did the lives of everyone.

In the 1990s, the Internet had yet to fall victim to the greatest iniquity in digital history: the move by both government and businesses to link, as intimately as possible, users’ online personas to their offline legal identity.

To hack a system requires getting to know its rules better than the people who created it or are running it, and exploiting all the vulnerable distance between how those people had intended the system to work and how it actually works, or could be made to work. In capitalizing on these unintentional uses, hackers aren’t breaking the rules as much as debunking them.

You should always let people underestimate you. Because when people misappraise your intelligence and abilities, they’re merely pointing out their own vulnerabilities—the gaping holes in their judgment that need to stay open if you want to cartwheel through later on a flaming horse, correcting the record with your sword of justice.

September 12 was the first day of a new era, which America faced with a unified resolve, strengthened by a revived sense of patriotism and the goodwill and sympathy of the world. In retrospect, my country could have done so much with this opportunity. It could have treated terror not as the theological phenomenon it purported to be, but as the crime it was. It could have used this rare moment of solidarity to reinforce democratic values and cultivate resilience in the now-connected global public. Instead, it went to war.

We learn to speak by imitating the speech of the adults around us, and in the process of that learning we wind up also imitating their opinions, until we’ve deluded ourselves into thinking that the words we’re using are our own.

In the early 2000s the Internet was still just barely out of its formative period, and, to my mind at least, it offered a more authentic and complete incarnation of American ideals than even America itself.

This revolution wasn’t happening in history textbooks, but now, in my generation, and any of us could be part of it solely by dint of our abilities. This was thrilling—to participate in the founding of a new society, one based not on where we were born or how we grew up or our popularity at school but on our knowledge and technological ability.

If the malfunction turns out to be a software issue, the repair might involve scrolling through line after line of code in a UN General Assembly’s worth of programming languages.

Over the course of my career, it became increasingly difficult for me to ask these questions about the technologies I was responsible for and not about my country. And it became increasingly frustrating to me that I was able to repair the former but not the latter. I ended my time in Intelligence convinced that my country’s operating system—its government—had decided that it functioned best when broken.

I had hoped to serve my country, but instead I went to work for it. This is not a trivial distinction.

By the time I arrived, the sincerity of public service had given way to the greed of the private sector, and the sacred compact of the soldier, officer, and career civil servant was being replaced by the unholy bargain of Homo contractus, the primary species of US Government 2.0. This creature was not a sworn servant but a transient worker, whose patriotism was incentivized by a better paycheck and for whom the federal government was less the ultimate authority than the ultimate client.

Those contractors are never counted by the government, not even in the Black Budget, because to add their ranks to the contracting total would make one disturbing fact extraordinarily clear: the work of American Intelligence is done as frequently by private employees as it is by government servants.

THE AGENCIES WERE hiring tech companies to hire kids, and then they were giving them the keys to the kingdom, because—as Congress and the press were told—the agencies didn’t have a choice. No one else knew how the keys, or the kingdom, worked.

All of a sudden you have access to the story behind the story, the hidden histories of well-known, or supposedly well-known, events. That can be intoxicating, at least for a teetotaler like me. Also, all of a sudden you have not just the license but the obligation to lie, conceal, dissemble, and dissimulate. This creates a sense of tribalism, which can lead many to believe that their primary allegiance is to the institution and not to the rule of law.

Frankenstein is an epistolary novel that reads like a thread of overwritten emails, alternating scenes of madness and gory murder with a cautionary account of the way technological innovation tends to outpace all moral, ethical, and legal restraints. The result is the creation of an uncontrollable monster.

Prominent examples of the “Frankenstein effect” cited by after-the-fact civilian, governmental, military, and even IC assessments have included America’s funding and training of the mujahideen to fight the Soviets, which resulted in the radicalization of Osama bin Laden and the founding of al-Qaeda, as well as the de-Baathification of the Saddam Hussein–era Iraqi military, which resulted in the rise of the Islamic state.

To live in Geneva was to live in an alternative, even opposite, reality. As the rest of the world became more and more impoverished, Geneva flourished, and while the Swiss banks didn’t engage in many of the types of risky trades that caused the crash, they gladly hid the money of those who’d profited from the pain and were never held accountable.

The cables and satellites, the servers and towers—so much of the infrastructure of the Internet is under US control that over 90 percent of the world’s Internet traffic passes through technologies developed, owned, and/or operated by the American government and American businesses, most of which are physically located on American territory.

I was reminded of what is perhaps the fundamental rule of technological progress: if something can be done, it probably will be done, and possibly already has been.

Here was everything that was missing from the unclassified version. Here was everything that the journalism I’d read had lacked, and that the court proceedings I’d followed had been denied: a complete accounting of the NSA’s most secret surveillance programs, and the agency directives and Department of Justice policies that had been used to subvert American law and contravene the US Constitution.

the Bush administration attempted to legitimize it ex post facto by changing the meanings of basic English words, such as “acquire” and “obtain.” According to the report, it was the government’s position that the NSA could collect whatever communications records it wanted to, without having to get a warrant, because it could only be said to have acquired or obtained them, in the legal sense, if and when the agency “searched for and retrieved” them from its database.

Metadata can tell your surveillant the address you slept at last night and what time you got up this morning. It reveals every place you visited during your day and how long you spent there. It shows who you were in touch with and who was in touch with you.

This is why it’s best to regard metadata not as some benign abstraction, but as the very essence of content: it is precisely the first line of information that the party surveilling you requires.

Technology doesn’t have a Hippocratic oath. So many decisions that have been made by technologists in academia, industry, the military, and government since at least the Industrial Revolution have been made on the basis of “can we,” not “should we.”

Mass surveillance is now a never-ending census, substantially more dangerous than any questionnaire sent through the mail. All our devices, from our phones to our computers, are basically miniature census-takers we carry in our backpacks and in our pockets—census-takers that remember everything and forgive nothing.

If government surveillance was having the effect of turning the citizen into a subject, at the mercy of state power, then corporate surveillance was turning the consumer into a product, which corporations sold to other corporations, data brokers, and advertisers.

Ultimately, the privacy of our data depends on the ownership of our data. There is no property less protected, and yet no property more private.

Most of our lives, even if we don’t realize it, occur not in black and white but in a gray area, where we jaywalk, put trash in the recycling bin and recyclables in the trash, ride our bicycles in the improper lane, and borrow a stranger’s Wi-Fi to download a book that we didn’t pay for. Put simply, a world in which every law is always enforced would be a world in which everyone was a criminal.

Everyone has something, some compromising information buried among their bytes—if not in their files then in their email, if not in their email then in their browsing history. And now this information was being stored by the US government.

After a decade of mass surveillance, the technology had proved itself to be a potent weapon less against terror and more against liberty itself.

Ultimately, saying that you don’t care about privacy because you have nothing to hide is no different from saying you don’t care about freedom of speech because you have nothing to say.

But as the court order I found made clear, the NSA had secretly interpreted this authorization as a license to collect all of the “business records,” or metadata, of telephone communications coming through American telecoms, such as Verizon and AT&T, on “an ongoing daily basis.”

PRISM enabled the NSA to routinely collect data from Microsoft, Yahoo!, Google, Facebook, Paltalk, YouTube, Skype, AOL, and Apple, including email, photos, video and audio chats, Web-browsing content, search engine queries, and all other data stored on their clouds, transforming the companies into witting coconspirators.

Together, PRISM (collection from the servers of service providers) and upstream collection (direct collection from Internet infrastructure) ensured that the world’s information, both stored and in transit, was surveillable.

Imagine yourself sitting at a computer, about to visit a website. You open a Web browser, type in a URL, and hit Enter. The URL is, in effect, a request, and this request goes out in search of its destination server. Somewhere in the midst of its travels, however, before your request gets to that server, it will have to pass through TURBULENCE, one of the NSA’s most powerful weapons.

The end result: you get all the content you want, along with all the surveillance you don’t, and it all happens in less than 686 milliseconds. Completely unbeknownst to you.

Once the exploits are on your computer, the NSA can access not just your metadata, but your data as well. Your entire digital life now belongs to them.

The Constitution was written in the eighteenth century, back when the only computers were abacuses, gear calculators, and looms, and it could take weeks or months for a communication to cross the ocean by ship.

In early 2013, for instance, James Clapper, then the director of National Intelligence, testified under oath to the US Senate Select Committee on Intelligence that the NSA did not engage in bulk collection of the communications of American citizens.

The constitutional system only functions as a whole if and when each of its three branches works as intended. When all three don’t just fail, but fail deliberately and with coordination, the result is a culture of impunity.