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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2014/jun/05/what-snowden-revealed-changed-nsa-reform
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| Four ways Edward Snowden changed the world – and why the fight's not over | Four ways Edward Snowden changed the world – and why the fight's not over |
| (about 3 hours later) | |
| Thursday marks one year since the Guardian published | Thursday marks one year since the Guardian published |
| the first in a series | the first in a series |
| of eye-opening stories about surveillance based on documents provided by Edward Snowden. The events | of eye-opening stories about surveillance based on documents provided by Edward Snowden. The events |
| in the 52 weeks since have proven him to be the most significant whistleblower | in the 52 weeks since have proven him to be the most significant whistleblower |
| in American history – and have reverberated throughout the world. | in American history – and have reverberated throughout the world. |
| But along with the changes Snowden sparked, | But along with the changes Snowden sparked, |
| vital questions remain about how and if the National Security Agency and its | vital questions remain about how and if the National Security Agency and its |
| global spy apparatus will truly be reformed. Many wheels are finally in motion, but | global spy apparatus will truly be reformed. Many wheels are finally in motion, but |
| will the US Congress and the courts actually respond in a meaningful way? In truth, | will the US Congress and the courts actually respond in a meaningful way? In truth, |
| the second year of Snowden may be more important than the first. It's when we'll see if global privacy | the second year of Snowden may be more important than the first. It's when we'll see if global privacy |
| rights get protected for the better – or if mass surveillance becomes more | rights get protected for the better – or if mass surveillance becomes more |
| entrenched in our laws than ever before. For now, it's important to take stock in looking ahead to the next chapter. | entrenched in our laws than ever before. For now, it's important to take stock in looking ahead to the next chapter. |
| The internet companies: more transparency, | The internet companies: more transparency, |
| but little lobbying for reform | but little lobbying for reform |
| Since the second day of the Snowden | Since the second day of the Snowden |
| revelations, when both the | revelations, when both the |
| Guardian and Washington | Guardian and Washington |
| Post revealed the now-infamous Prism program, the tech giants of Silicon Valley and beyond have been | Post revealed the now-infamous Prism program, the tech giants of Silicon Valley and beyond have been |
| scrambling to rescue their reputations with users around the world. | scrambling to rescue their reputations with users around the world. |
| Many companies have made admirable changes to start | Many companies have made admirable changes to start |
| honestly fighting for user privacy rights, rather than just uttering platitudes | honestly fighting for user privacy rights, rather than just uttering platitudes |
| meant to satisfy PR obligations. Most of the major US-based internet stalwarts | meant to satisfy PR obligations. Most of the major US-based internet stalwarts |
| – from Google and Facebook to Apple and Microsoft – have | – from Google and Facebook to Apple and Microsoft – have |
| now changed their legal policies to notify users whenever possible of | now changed their legal policies to notify users whenever possible of |
| surveillance requests. Some of them have even publicly challenged | surveillance requests. Some of them have even publicly challenged |
| the government in the Foreign Intelligence Surveillance (Fisa) court to | the government in the Foreign Intelligence Surveillance (Fisa) court to |
| allow them to be more transparent – even if they arguably | allow them to be more transparent – even if they arguably |
| got a bad deal. And more still have | got a bad deal. And more still have |
| finally been pushing back against pernicious national security letters in | finally been pushing back against pernicious national security letters in |
| court. | court. |
| We still don't know how much these companies, which | We still don't know how much these companies, which |
| have so much control over our online lives, will push back on proposed surveillance | have so much control over our online lives, will push back on proposed surveillance |
| legislation, but it's needed now more than ever. Google has been the strongest on | legislation, but it's needed now more than ever. Google has been the strongest on |
| the lobbying front – just last week it sent an email | the lobbying front – just last week it sent an email |
| to millions of subscribers imploring them to tell Congress to pass "real surveillance reform urgently". But there's been barely a peep from the other companies, most notably Facebook – Mark Zuckerberg has complained in public, but the social network has shown little will to fight behind the | to millions of subscribers imploring them to tell Congress to pass "real surveillance reform urgently". But there's been barely a peep from the other companies, most notably Facebook – Mark Zuckerberg has complained in public, but the social network has shown little will to fight behind the |
| scenes in DC, despite the hollow bill now | scenes in DC, despite the hollow bill now |
| moving forward to the US Senate at a rapid pace. | moving forward to the US Senate at a rapid pace. |
| The telecommunications companies, most | The telecommunications companies, most |
| notably AT&T and Verizon, have always been the true problem. After all, it | notably AT&T and Verizon, have always been the true problem. After all, it |
| was AT&T that originally got sued by the Electronic Frontier Foundation (EFF, my | was AT&T that originally got sued by the Electronic Frontier Foundation (EFF, my |
| former employer) in 2006 for criminally allowing the NSA | former employer) in 2006 for criminally allowing the NSA |
| to copy huge portions of its internet traffic in secret. But even the two | to copy huge portions of its internet traffic in secret. But even the two |
| phone giants could not fully avoid the Snowden Effect. After shareholders | phone giants could not fully avoid the Snowden Effect. After shareholders |
| threatened lawsuits, they both decided to | threatened lawsuits, they both decided to |
| release transparency reports to customers after years of resisting, and Verizon | release transparency reports to customers after years of resisting, and Verizon |
| made | made |
| a half-hearted attempt to challenge the phone dragnet program. Will they | a half-hearted attempt to challenge the phone dragnet program. Will they |
| ever viably push back on NSA surveillance? For the NSA's number-one corporate | ever viably push back on NSA surveillance? For the NSA's number-one corporate |
| partners, that seems unlikely – but then again, a year ago it seemed | partners, that seems unlikely – but then again, a year ago it seemed |
| impossible. | impossible. |
| Encryption and cybersecurity: private | Encryption and cybersecurity: private |
| Gmail, chat and whistleblowing – but a comeback for an ugly bill? | Gmail, chat and whistleblowing – but a comeback for an ugly bill? |
| Undoubtedly Snowden's biggest tangible | Undoubtedly Snowden's biggest tangible |
| impact has been on the security of ordinary internet users. After shocking | impact has been on the security of ordinary internet users. After shocking |
| stories of the NSA vacuuming | stories of the NSA vacuuming |
| up hundreds of thousands of buddy lists from Yahoo, breaking | up hundreds of thousands of buddy lists from Yahoo, breaking |
| into the data links in between Google's servers, and having | into the data links in between Google's servers, and having |
| a disturbingly close relationship with Microsoft's product teams, service providers | a disturbingly close relationship with Microsoft's product teams, service providers |
| have raced to prove which can protect their users' data better. Yahoo, | have raced to prove which can protect their users' data better. Yahoo, |
| after years of being the joke of security researchers, hired | after years of being the joke of security researchers, hired |
| a top security expert and shored | a top security expert and shored |
| up its systems in multiple ways. Google, after two of its employees "exploded | up its systems in multiple ways. Google, after two of its employees "exploded |
| in profanity" upon hearing about one of the NSA stories, has not only led | in profanity" upon hearing about one of the NSA stories, has not only led |
| the way in providing encryption in all aspects of its service, but just announced on | the way in providing encryption in all aspects of its service, but just announced on |
| Tuesday night that it will begin to provide a truly end-to-end email encryption | Tuesday night that it will begin to provide a truly end-to-end email encryption |
| plug-in – and that it will be naming and shaming other companies who don't encrypt messages sent between different | plug-in – and that it will be naming and shaming other companies who don't encrypt messages sent between different |
| email providers. As Microsoft chief lawyer wrote on Wednesday, "much more needs to be done". | email providers. As Microsoft chief lawyer wrote on Wednesday, "much more needs to be done". |
| After Glenn Greenwald almost missed out on | After Glenn Greenwald almost missed out on |
| the story of a lifetime for not having set-up PGP email encryption, more | the story of a lifetime for not having set-up PGP email encryption, more |
| journalists than ever now have set up more secure methods for sources to | journalists than ever now have set up more secure methods for sources to |
| contact them. News organizations – including, as of Thursday, the Guardian – are adopting SecureDrop, the open-source | |
| whistleblower submission system from the Freedom of the Press Foundation (my | whistleblower submission system from the Freedom of the Press Foundation (my |
| current employer, where Snowden sits on our board of directors). And privacy has become a business model for | current employer, where Snowden sits on our board of directors). And privacy has become a business model for |
| many start-ups. | many start-ups. |
| Meanwhile, the Cyber | Meanwhile, the Cyber |
| Intelligence Sharing and Protection Act (Cispa), an "information sharing" bill that purportedly would address cybersecurity, was indefinitely | Intelligence Sharing and Protection Act (Cispa), an "information sharing" bill that purportedly would address cybersecurity, was indefinitely |
| shelved thanks to the Snowden leaks. The intelligence community has decried | shelved thanks to the Snowden leaks. The intelligence community has decried |
| the hold-up, but the reconsideration of this ill-thought out, privacy-destroying | the hold-up, but the reconsideration of this ill-thought out, privacy-destroying |
| legislation was probably the most underrated, positive affect Snowden has had | legislation was probably the most underrated, positive affect Snowden has had |
| in Congress. The bill, which was universally condemned by civil liberties | in Congress. The bill, which was universally condemned by civil liberties |
| advocates when it passed the House in 2012 and 2013, would have given | advocates when it passed the House in 2012 and 2013, would have given |
| the NSA even more access to Americans' personal data – along with more | the NSA even more access to Americans' personal data – along with more |
| immunity to the companies who would have free reign to hand over that data to | immunity to the companies who would have free reign to hand over that data to |
| the spy agency. | the spy agency. |
| Of course, this bill | Of course, this bill |
| could rear its ugly head again in the next year. The intelligence committees seem to threaten | could rear its ugly head again in the next year. The intelligence committees seem to threaten |
| the return a new version of Cispa every few weeks. And given that a fear-mongering | the return a new version of Cispa every few weeks. And given that a fear-mongering |
| climate around cyberattacks is just now | climate around cyberattacks is just now |
| ratcheting | ratcheting |
| up to mainstream rhetoric and indictments, there's no way it will stay in | up to mainstream rhetoric and indictments, there's no way it will stay in |
| the background forever. | the background forever. |
| The courts: 'almost Orwellian', 'likely | The courts: 'almost Orwellian', 'likely |
| unconstitutional' ... and now 'the magistrate's revolt'? | unconstitutional' ... and now 'the magistrate's revolt'? |
| Think about how far we've come since last June in the letter of the law: a year ago, all but one NSA lawsuit filed during the Bush years had | Think about how far we've come since last June in the letter of the law: a year ago, all but one NSA lawsuit filed during the Bush years had |
| been thrown out of court for various procedural reasons. The government wouldn't even release the number of pages they had on their secret interpretation of | been thrown out of court for various procedural reasons. The government wouldn't even release the number of pages they had on their secret interpretation of |
| the Patriot Act, let alone any content. | the Patriot Act, let alone any content. |
| Cut to a year later: multiple major | Cut to a year later: multiple major |
| lawsuits challenging | lawsuits challenging |
| key portions of the NSA's powers are now alive and well. The first judge to | key portions of the NSA's powers are now alive and well. The first judge to |
| rule on the mass phone metadata surveillance program in an adversarial | rule on the mass phone metadata surveillance program in an adversarial |
| proceeding called it "almost | proceeding called it "almost |
| Orwellian" and "likely unconstitutional". We learned the Justice Department | Orwellian" and "likely unconstitutional". We learned the Justice Department |
| undoubtedly lied to the US supreme court last year. Court orders in multiple | undoubtedly lied to the US supreme court last year. Court orders in multiple |
| Freedom of Information Act cases | Freedom of Information Act cases |
| have pried loose hundreds of pages of previously secret Fisa court rulings, | have pried loose hundreds of pages of previously secret Fisa court rulings, |
| including one declaring | including one declaring |
| a part of NSA's surveillance apparatus unconstitutional. What has been | a part of NSA's surveillance apparatus unconstitutional. What has been |
| called "the | called "the |
| magistrate’s revolt" is now beginning among judges in lower courts, where there | magistrate’s revolt" is now beginning among judges in lower courts, where there |
| is a renewed interest in pushing back on government claims and invoking the | is a renewed interest in pushing back on government claims and invoking the |
| Fourth Amendment. (Internationally, the UN started | Fourth Amendment. (Internationally, the UN started |
| an investigation into NSA and GCHQ practices, and on Wednesday, German | an investigation into NSA and GCHQ practices, and on Wednesday, German |
| prosecutors announced the opening of a criminal inquiry into bulk spying on Germany's | prosecutors announced the opening of a criminal inquiry into bulk spying on Germany's |
| citizens – and the tapping of Chancellor Angela Merkel's phone.) | citizens – and the tapping of Chancellor Angela Merkel's phone.) |
| But still: will judges from the states on | But still: will judges from the states on |
| up be brave enough to really reign in the NSA's surveillance programs? With | up be brave enough to really reign in the NSA's surveillance programs? With |
| Congress refusing to produce anything beyond watered-down reform bills, the third | Congress refusing to produce anything beyond watered-down reform bills, the third |
| branch might still be the best hope to restore the very rights for which | branch might still be the best hope to restore the very rights for which |
| Snowden has been fighting. We can't expect the NSA to go down easy. In perhaps the | Snowden has been fighting. We can't expect the NSA to go down easy. In perhaps the |
| most important privacy case on a federal court docket, EFF just | most important privacy case on a federal court docket, EFF just |
| accused the NSA of destroying years of evidence of illegal surveillance in | accused the NSA of destroying years of evidence of illegal surveillance in |
| direct violation of their obligations to the court. | direct violation of their obligations to the court. |
| Public opinion: from 'what's the NSA?' to 'down with Prism' ... and then? | Public opinion: from 'what's the NSA?' to 'down with Prism' ... and then? |
| Undoubtedly it's been the voice of the | Undoubtedly it's been the voice of the |
| people that has pushed the companies, the courts and Congress to move. | people that has pushed the companies, the courts and Congress to move. |
| It's pretty easy to forget now, but during those first couple weeks of the Snowden | It's pretty easy to forget now, but during those first couple weeks of the Snowden |
| revelations, when many Americans were just finding out what the NSA even was, it wasn't clear Congress cared about doing much of anything at | revelations, when many Americans were just finding out what the NSA even was, it wasn't clear Congress cared about doing much of anything at |
| all. Representatives didn't start making noise until the polls started coming | all. Representatives didn't start making noise until the polls started coming |
| out showing a sea | out showing a sea |
| change in the way Americans view privacy, how much | change in the way Americans view privacy, how much |
| bipartisan opposition there was to the phone surveillance program, and that | bipartisan opposition there was to the phone surveillance program, and that |
| a large portion of the country that saw | a large portion of the country that saw |
| Snowden as a whistleblower. And for the first | Snowden as a whistleblower. And for the first |
| time since 9/11, more Americans are concerned about civil liberties than | time since 9/11, more Americans are concerned about civil liberties than |
| terrorism. | terrorism. |
| While the pollsters themselves have slowed on | While the pollsters themselves have slowed on |
| these questions in recent months, there's no sign that Americans are changing | these questions in recent months, there's no sign that Americans are changing |
| their minds. A recent Yougov | their minds. A recent Yougov |
| poll showed 55% of employed adults agreed the Prism program should have | poll showed 55% of employed adults agreed the Prism program should have |
| been made public. | been made public. |
| This windfall from Americans has led, more | This windfall from Americans has led, more |
| directly than you think, to two-dozen reform bills getting introduced by their | directly than you think, to two-dozen reform bills getting introduced by their |
| elected representatives, to two presidential commissions that recommended broad | elected representatives, to two presidential commissions that recommended broad |
| changes to the structure and power of the NSA, to pushback from judges we | changes to the structure and power of the NSA, to pushback from judges we |
| haven't seen in years. All three branches, after at least partially sanctioning | haven't seen in years. All three branches, after at least partially sanctioning |
| the status quo in secret, have called for various levels of reform to surveillance on you. This is the | the status quo in secret, have called for various levels of reform to surveillance on you. This is the |
| power of whistleblowing. This is why you have Ed Snowden to thank. | power of whistleblowing. This is why you have Ed Snowden to thank. |
| But with no legislative reform yet, the | But with no legislative reform yet, the |
| fight is far from over. As Snowden said around the six-month anniversary of his leaks, "I didn't want to | fight is far from over. As Snowden said around the six-month anniversary of his leaks, "I didn't want to |
| change society. I wanted to give society a chance to determine if it should | change society. I wanted to give society a chance to determine if it should |
| change itself." In the coming year, the public will have to decide: are you | change itself." In the coming year, the public will have to decide: are you |
| willing to continue to fight for real and permanent change, or will the NSA | willing to continue to fight for real and permanent change, or will the NSA |
| sink back into the shadows, allowed to continue its mass surveillance, largely | sink back into the shadows, allowed to continue its mass surveillance, largely |
| unabated, until the next Snowden comes along? | unabated, until the next Snowden comes along? |