No, the PATRIOT Act Didn’t Really Expire

A few days ago, I was speaking to a client who informed me that “the PATRIOT Act expired last week.” She went on to tell me that as a result, she now felt her electronic communications were safe from warrantless government surveillance.

My client, who I’ll call “Debby,” wasn’t correct in saying that the entire PATRIOT Act expired. It’s true that a small section of the law dealing with the bulk collection of phone records expired November 30. But I can’t blame her for believing this entire ill-conceived law no longer exists.

Over the last few months, apologists for the military-industrial-surveillance complex that dominates US politics have warned that America is at grave risk without the bulk records collection program. No less an authority than CIA director John Brennan testified before Congress that the US has been placed at risk by “political grandstanding and crusading for ideological causes.”Encrypt email messages. For this task, a good option is some variant of “Pretty Good Privacy” (PGP). One of the best is Enigmail, a plug-in for the popular Thunderbird email program.

  • Encrypt your data stream. Even if you encrypt the content of your messages, the “header” information (analogous to call detail information in your phone records) remains intact. No warrant is necessary to retrieve this data. The best way to protect yourself from this type of privacy intrusion is with a “virtual private network,” or VPN. The one we use at The Nestmann Group is Cryptohippie.
  • Encrypt stored emails. Stored email messages have very little privacy under US law. To protect yourself from this type of surveillance, you’ll want a non-US email provider. A good one is ProtonMail. The company offers end-to-end encrypted email and is based in Switzerland. That means your stored emails are secure from US subpoenas and court orders.
  • Encrypt your smartphone. Smart phone encryption isn’t nearly as advanced as e-mail encryption. But there are some encouraging developments, especially a newish product called Blackphone. This is an Android phone, sold by a Swiss-based company, rebuilt and fortified to put privacy first.
  • One thing is for certain: Governments don’t cede power willingly. Edward Snowden’s revelations proved beyond a shadow of a doubt that the NSA is much more focused on hoarding data to blackmail current and future political enemies than it is in unearthing terror plots. Perhaps that’s why it’s so bad at finding actual terrorists.

    Nothing less than a political earthquake will change this status. And the end of the bulk records program of the PATRIOT Act represents only a very small tremor.

    Don’t say you haven’t been warned.

    Reprinted with permission from Nestmann.com.

    The post No, the PATRIOT Act Didn’t Really Expire appeared first on LewRockwell.

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