L’Affaire Sony NORK

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If festivals of hypocrisy were to be compared with the riotous celebrations that are actually already on the calendar, L’Affaire Sony NORK would have to rank right up there with the Mardi Gras in Rio.

Let us recap and without any snorting. Sony made what I have no doubt was a perfectly appalling movie called The Interview. The movie is a comedy about the assassination of Kim Jong-un, the Dear Leader of an electrically challenged portion of the globe. North Korea didn’t like it at all, and no doubt with the help of other regional commies, hacked into Sony’s computer systems and released all the juicy info they found down there to the interwebs. At this point, Western journalists — major privacy advocates all, provided we are talking about the NSA — couldn’t resist the chance to dish on Angelina, and responded to this particular North Korean dinner gong by getting all four feet in the trough. As a consequence, we discovered all kinds of festive things, like major Sony liberal Democrat execs having fun to yucking it up at Obama’s expense with various race-chortle-jokes. And then, as a result of the controversy, theater chains got nervous and started bailing, and so Sony halted the release to the movie theaters, while maintaining they hadn’t caved. We will see. If they release it in other ways after renegotiating all the contracts related to it, then they might have a point. If they don’t, then what they just did was fold like a three-dollar tent in a typhoon. And then, just after the nick of time, Obama weighed in by saying that he thinks Sony made a mistake here, trying not very hard to not get any race-chortle-joke-schadenfreude on the lectern. They should have called me, he said. We were talking to the White House, they said, whaddaya mean call you? But Obama was already on a higher plane. You can’t let these political leaders bully movie makers, said the man who had blamed the Benghazi fiasco on a by-standing movie maker who then had to spend a year in jail for it. Still with me?

At a certain point, however, however macabre your sensibilities are, the whole thing stops being funny. The reason it stops being funny is that the episode highlights a major security threat — cyber attacks — for which there is currently no adequate preventative solution at all. There will be suggested preventative solutions, which will all mysteriously grow the power of our government over our lives, but they will be a farce like all the rest of it.

What North Korea did to Sony could in principle be done to nuclear power plants, to U.S. Bank, to public utilities, and the international headquarters of Ben & Jerry’s. The point has already been made — and it is accurate as far as it goes — that the NSA exists in part to guard against this kind of thing. A private corporation like Sony shouldn’t have to protect itself against the malevolent resources of a nation-state. One of the reasons governments exist is to protect us from attack, including this kind of attack. A private business in America should not have to pay for the kind of security it would take to guard against what a country could mount against them.

But . . . here it comes. It will be pointed out by those people still willing to defend NSA snoopervision that it is not possible to defend private business against such attacks without our protecting government also gaining access to the data they are protecting. And so, after an appropriate amount of throat-clearing, the suggestion will finally be made. “You will just have to trust us. We want to keep you safe . . .” Now I grant that we may require the kind of cyber defense that only you can provide, but if we give them that position, then it turns out that we will have no defense at all . . . against them.

So the answer is no. I don’t trust them. Not only do I not have any good reason to trust them, I have compelling reasons not to. Remember the point made just above about the maker of the Muhammad movie who had nothing whatever to do with all that unrest in the Middle East, but which was blamed on him nonetheless? The most powerful people in the world declared that they would hold him responsible, which they did, and so he spent a year in the slammer. That was a vile business right there. And then the man responsible for it stands up a couple years later and lectures incendiary movie makers on how to stand up to threats from tyrants?

Obama first got elected to the Senate because the sealed divorce records of his opponent got themselves unsealed. He is from Chicago. This is what he does.

The reason Obama has been against the Keystone pipeline is that he needed to use the piping material as a conduit between the IRS and the Washington political operatives who needed dirt on their opponents. This is what he does.

Not only does he do this kind of thing, but the fact that he does is openly known. Despite this, he continues on, and so I will continue on with wanting my government to know as little about me as possible. That is, I only want them to know what I am willing to tell them directly, and in public. Central to what I am willing to tell the government in public is the fact that I do not trust the government. This is good a priori policy for any government, but it is especially necessary with a government that has been as guilty of abusing information as our has.

James Madison summed up my feelings nicely. “The means of defense against foreign danger have always been the instruments of tyranny at home.”

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Mark B. Hanson
Mark B. Hanson
9 years ago

“Just after the nick of time.” Snork.

Drew
Drew
9 years ago

Spoken like a true progressive, er, Biblical libertarian. Ah, there is common ground between you and liberals! Good stuff.

Eric the Re
Eric the Re
9 years ago

Doug, I seriously doubt that the government has any real interest in any information about you, me, or anyone else who comments here. Unless you’re part of some grand conspiracy you haven’t told us about, we’re all small fish and they’ve got bigger fish to fry. There are 300 million people more or less in the United States and the government simply lacks the resources to keep tabs on all of us, so they have to prioritize, and you’re low priority. And I’m also far less worried about North Korea hacking into US Bank or Ben & Jerry’s than I… Read more »

BrentR
BrentR
9 years ago

“The means of defense against foreign danger have always been the instruments of tyranny at home.”

i.e. – if another civil war were to break out, who’s got the drones.

Carson Spratt
9 years ago

There’s actually a good bit of evidence that it might not have been North Korea, and was probably actually a disgruntled former employee. See this article for starters.

Ty
Ty
9 years ago

I agree with the thrust of Prof. Wilson’s post, but I have a slight criticism. I would liken internet security to the security of a bank vault. If a foreign government wants to rob a domestic bank the fed gov has the responsibility to keep the foreign spies out, but the bank still has the responsibility to secure its vault. So the fed gov should take steps necessary to stop this sort of thing, but given the current structure of the internet, the fed gov is somewhat limited. So like a vault, the bank has to spend a lot for… Read more »

JohnM
JohnM
9 years ago

Ty – Overall you are right, however I’d point out these businesses still have plenty of money after tax to defend themselves properly. Rest assured that none of their executives or major shareholders are forced to shop at thrift stores because of crushing taxes. However and wherever taxes are a problem I don’t think that has anything to do with Sony being hacked.

jigawatt
jigawatt
9 years ago

Sony made what I have no doubt was a perfectly appalling movie called The Interview.

“Dangit. I really wanted to see that movie,” said nobody.

bethyada
9 years ago

This is not about Doug the individual (though it could be) it is about any individual the government wants to know about. You guys really need to get out more. Look at the corruption in several South-East Asian countries, China, Africa. And historically governments have frequently abused their own citizens. Don’t give them unnecessary information about the citizenry that can be used against them by some future despot. And if you support such measures, when the state turns make sure you offer your own lives to protect those who knew better. If you are going to be a fool, don’t… Read more »

Bro. Steve
Bro. Steve
9 years ago

To: ETR Re: Small fry versus bigger fish One possible reason for storing up info on 300 million small fry is that, amongst all that info, there will be stuff that can be used to prevent any of them from ever becoming bigger fish. Imagine you’ve decided to run for congress critter. Then imagine the worst e-mail you ever wrote, or the worst photo of you, surfacing at the wrong time, made worse by selective quotation, bad timing, hostile audience, and malevolent news media. Yet this has happened to people. I’m not a Bush fan, but I did see an… Read more »

Eric the Red
Eric the Red
9 years ago

Bro Steve, point well taken, but the fact remains that private investigators and hackers are not constrained by any restrictions put on the NSA. So, if Doug ever does decide to run for Congress, his political opponents will likely use private investigators rather than the NSA to dig dirt. Should the NSA be denied the ability to do what any private hacker can do? And if so, aren’t you giving the bad guys a huge advantage?

RFB
RFB
9 years ago

EtR, Arguably there is a covenantal law that constrains government called the Constitution. It is not, and never was intended to be, an instrument designed to constrain the citizenry. Anecdotal it might be, but I can tell you from personal experience that the hoops needed for a search warrant (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things… Read more »

chris taylor
chris taylor
9 years ago

Eric,

This is not a problem. The NSA can always go before a judge and obtain permission to do what a private investigator can do without such authorization. I prefer it this way, since the the

CT

Ted Ryan
Ted Ryan
9 years ago

And to imagine, we started off the year worried about Russia and missing planes in the India Ocean… Now we’ve got North Korea in the news and a Cuban distraction, I think we need to keep our eye on Canada, they’ve been awful quiet…

Roy
Roy
9 years ago

I mostly agree with the theme of the post. I guess my question is, what, if anything, is to be done about it? Practically speaking, is this another in a long line of issues, I which, the horse is already out of the barn?

Bro. Steve
Bro. Steve
9 years ago

Reply to ETR, My point was really only this: The NSA/CIA is not protecting us from the hackers. Since that is so, it’s not unreasonable to classify them as just another menace. To elaborate on that, I work in the commercial nuclear power business. We would really love to have the NSA on grim and sleepless vigil keeping the NORKS out of our process computers, digital feedwater controllers, and such like. But they aren’t doing that. Cyber security is being done, but the NRC ordered the utilities to do it, not the NSA. Here’s the NRC security law. http://www.nrc.gov/reading-rm/doc-collections/cfr/part073/part073-0054.html The… Read more »

Gervase Markham
9 years ago

The (other) trouble with the idea that the government should protect us from the cyber attacks of nation states is that (perhaps apart from being a bit more skilled and having better access to exploit information) the way they go about attacking is exactly the same as organized crime, or the grumpy guy in the basement, or the freelance anti-capitalist, or whoever. The Occupy movement doesn’t have access to tanks with which to attack Wall Street; but on the electronic playing field, things can be a lot more level.

Josh Reighley
9 years ago

Maidsafe.net will put an end to all of this for once and for all.. It will reign in the NSA, the Great Firewall of China, and make nearly every form of hacking obsolete.. On the other hand, I tend to think making a movie about the assassination of a living world leader probably falls within the realm where retaliation is perfectly just. Sony picked a fight it could not win. Much of the chaos in the world is caused by people who arrogantly ignore the hierarchy that is, cross it, then cry foul when they cross it and get what… Read more »

JBrigham
JBrigham
9 years ago

If they are an American corporation, then American military should supply defense. If they are an international corporation, let the UN (??) defend them!