A Chat with Aaron Swartz
GB: In what environment did you work before that?
AS: Before Y Combinator, I was a student at Stanford. Then I worked at Reddit for a while – the four of us packed into a small 3-bedroom apartment in Somerville, MA (I slept in the cupboard). Then we got bought by Condé Nast (the publishers of Wired, Elle, The New Yorker, Details, GQ, etc.) and they moved us out to San Francisco to work at the Wired offices and then they fired me. On the plus side, I did get this nifty shirt.
GB: Oh my. If you had to take a guess though, why do you think they let you go? Incompatibility with an office environment?
AS: Yeah. I was unhappy working in an office and didn’t hide it. So I’d come in late and set up lots of off-site meetings and stuff. And my boss wasn’t really thrilled about that.
Also, I think he was upset about me disappearing for so long on vacation. One of the places I went to in Europe was the Chaos Computer Conference. And while I was there I hung out with my friend Quinn Norton, who was reporting on the event for Wired. She took my photo for one of her articles and it was featured on wired.com’s front page. “Heh,” I joked. “I bet the first time my boss finds out where I am is when he sees my photo on the front page of his own website.”
GB: Heh. That was in Berlin?
AS: Yes. But the best punch line was that Chris Anderson, the editor of Wired, later wrote on his blog that he didn’t find out when it was on the front-page of his website – he found out when I posted that fact to my blog!
Nov 22nd
The Fall of the House of Bush: The...
AMY GOODMAN: I want to talk about one of the main stories in your book, and that is this point you made at the top of the show, that it wasn’t a failure of intelligence, the Iraq war; in fact, it was the success. Talk about it.
CRAIG UNGER: Right, well, a lot -- I think everyone knows about the Valerie Plame Wilson affair and Joe Wilson. What people -- and it’s sometimes referred to as Nigergate. People sometimes forget the source was what is known as the Niger documents. Now, these were documents that grew out of a robbery that took place in the Niger embassy over the last weekend in the year of 2000 and January 1, 2001.
Now, remember, the timing is very important. George W. Bush has not taken office yet, but the neocons know they have a friend in the office -- coming into the White House. So they have had this strategy in development for many years, going back to as early as 1992, you see it begin to take shape. Now, finally, they have an opportunity to begin to try to implement it. And as early as 1998, they had begun going down to Austin. You see Paul Wolfowitz, Richard Perle, Elliott Abrams going down to Austin, where George W. Bush is governor.
Bush Sr. has been trying to educate his son, in terms of foreign policy. He thinks the old-line realists will prevail. By that, I mean Colin Powell, Brent Scowcroft and, one had thought, Condoleezza Rice, James Baker, for example. But, in fact, a radical group of neocons have been going down there, and they’ve sort of been indoctrinating George W. Bush. The first review of my book, Radar magazine calls it “the greatest brainwashing since the Manchurian Candidate.”
So when the Niger embassy break-in takes place, it’s in the Niger embassy in Rome. I actually went there for Vanity Fair. It’s a terribly unprepossessing building. If the Watergate burglary is sometimes described as a third-rate burglary, well, this is a fourth-rate one, and almost nothing of value is taken, just a few documents and some stationary. But these documents were used as the basis for forgeries of documents that said that Saddam Hussein was going to buy 500 tons of yellow cake uranium from the Republic of Niger. It’s a very poor African company -- country. Its only real export is uranium.
These documents then became circulated, though there are many, many, many unanswered questions about them. Everyone agrees on one thing, and that is that they were forgeries. They were phony. And I discovered, as I began to trace them, I discovered that they had been discredited on at least fourteen separate occasions by various government agencies, by the CIA, by the intelligence arm of the State Department, and so forth. Yet they still manage to be inserted in President Bush’s 2003 State of the Union address, and therefore in that speech they became a causis belli, a cause for war.
Nov 18th
Americans: Sheep to the Constitutional...
reason: The Patriot Act seems to be a special bete noire of yours. What’s the problem with it?
Napolitano: The Patriot Act’s two most principle constitutional errors are an assault on the Fourth Amendment, and on the First. It permits federal agents to write their own search warrants [under the name “national security letters”] with no judge having examined evidence and agreed that it’s likely that the person or thing the government wants to search will reveal evidence of a crime.
Remember that the British government permitted its soldiers to execute self-written search warrants. They called them “writs of assistance,” and they were one of the last straws that caused American colonist to rebel. It’s bitterly ironic that 230 years later a popularly elected government would authorize its own agents to do the same thing that when a monarchy did it, we fought a war of rebellion in reaction—which we won!
Not only that, but the Patriot Act makes it a felony for the recipient of a self-written search warrant to reveal it to anyone. The Patriot Act allows [agents] to serve self-written search warrants on financial institutions, and the Intelligence Authorization Act of 2004 in Orwellian language defines that to include in addition to banks, also delis, bodegas, restaurants, hotels, doctors' offices, lawyers’ offices, telecoms, HMOs, hospitals, casinos, jewelry dealers, automobile dealers, boat dealers, and that great financial institution to which we all would repose our fortunes, the post office.
So FBI agents can write their own search warrant with just the permission of their superior, no judge at all, nobody at the main Department of Justice, and serve it essentially on any entity they want, and if they serve this search warrant on your doctor, lawyer, grocer, or mailman, and that doctor, lawyer, grocer, or mailman tells you they received it, then that doctor, lawyer, grocer, or mailman, can be prosecuted for a felony, face five years in jail. What part of the First Amendment’s “Congress shall make no law abridging the freedom of speech” do they not understand?
This creates a Soviet-style conundrum for the recipient, who can’t even tell his or her lawyer or general counsel about getting the search warrant. You can’t hire outside counsel to challenge it, you can’t mention it to your spouse on the pillow, to your priest in confession—not even to a federal judge in a federal courtroom where all language except perjury should be permitted. This is a conundrum the likes of which government has never visited even under the Alien and Sedition Act. If they prosecuted you for criticizing [President John] Adams you could complain about it to your heart’s content without being charged with another crime.
reason: The Patriot Act was sold as a necessary protection from terror. How has that worked out?
Napolitano: How many people has the DOJ convicted in a jury trial for terrorism based on evidence obtained from the Patriot Act? Zero. They’ve gotten people to plead guilty, to fold, and convicted many on drug trafficking, white slavery, prostitution, gambling, and political corruption, but haven’t gotten a single [terror] case where they presented evidence in a public court before a judge and jury and the jury found a defendant guilty under evidence obtained under Patriot Act.
The reasons stated by [Attorney General John] Ashcroft and the House Republican leadership for there being no debate on the Patriot Act was that terrorists were under every bed, behind every toilet, and inside every refrigerator. Therefore the Patriot Act was so necessary to keep the country safe that there was no time for debate. The most sinful aspect of its passage was how members of the House were not permitted to read it. It was posted on the House Intranet for 15 min [before the vote] and it’s 315 pages long. I read it twice, and it took me 20 hours each time. And you need in front of you not just it, but lots of other statutes, the full U.S. criminal code, to process it. It does lots of amending of other statutes, so you need to reread [those] statues to figure out what government has done by amending that statute.
I was speaking in the Midwest—I don’t want to tell you where, somewhere in the great Heartland—two weeks ago and at the end of my speech, after I said many of these things I’m saying here and in my book, there was a congressman in the audience. He and I socialized a bit, and he said, “Judge, I’m a little ill at ease. I didn’t know until hearing you tonight that the Patriot Act permitted self-written search warrants and criminalized speech about receiving them, and I voted for it twice.”
And I said—knowing how he was going to answer—I asked, “Didn’t you read it? You voted on it.” No, he didn’t have time, he only read the summary. And he didn’t remember the summary talking about self-written search warrants and criminalized speech. He told me many of his colleagues were in the same situation. I said, “WRONG—all your colleagues are in the same situation! No one in the House except maybe leadership read the Patriot Act you voted on!” It’s abominable for the government to tamper with our basic liberties—but it’s inconceivable that they would do so without any debate.
Nov 15th