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Government Privacy

10 Years After Snowden's First Leak, What Have We Learned? (theregister.com) 139

An anonymous reader quotes a report from The Register: The world got a first glimpse into the US government's far-reaching surveillance of American citizens' communications -- namely, their Verizon telephone calls -- 10 years ago this week when Edward Snowden's initial leaks hit the press. [...] In the decade since then, "reformers have made real progress advancing the bipartisan notion that Americans' liberty and security are not mutually exclusive," [US Senator Ron Wyden (D-OR)] said. "That has delivered tangible results: in 2015 Congress ended bulk collection of Americans' phone records by passing the USA Freedom Act." This bill sought to end the daily snooping into American's phone calls by forcing telcos to collect the records and make the Feds apply for the information.

That same month, a federal appeals court unanimously ruled that the NSA's phone-records surveillance program was unlawful. The American Civil Liberties Union (ACLU) and the New York Civil Liberties Union sued to end the secret phone spying program, which had been approved by the Foreign Intelligence Surveillance Court, just days after Snowden disclosed its existence. "Once it was pushed out into open court, and the court was able to hear from two sides and not just one, the court held that the program was illegal," Ben Wizner, director of the ACLU Speech, Privacy and Technology project, told The Register. The Freedom Act also required the federal government to declassify and release "significant" opinions of the Foreign Intelligence Surveillance Court (FISC), and authorized the appointment of independent amici -- friends of the court intended to provide an outside perspective. The FISC was established in 1978 under the FISA -- the legislative instrument that allows warrantless snooping. And prior to the Freedom Act, this top-secret court only heard the government's perspective on things, like why the FBI and NSA should be allowed to scoop up private communications.

"To its credit, the government has engaged in reforms, and there's more transparency now that, on the one hand, has helped build back some trust that was lost, but also has made it easier to shine a light on surveillance misconduct that has happened since then," Jake Laperruque, deputy director of the Center for Democracy and Technology's Security and Surveillance Project, told The Register. Wyden also pointed to the sunsetting of the "deeply flawed surveillance law," Section 215 of the Patriot Act, as another win for privacy and civil liberties. That law expired in March 2020 after Congress did not reauthorize it. "For years, the government relied on Section 215 of the USA Patriot Act to conduct a dragnet surveillance program that collected billions of phone records (Call Detail Records or CDR) documenting who a person called and for how long they called them -- more than enough information for analysts to infer very personal details about a person, including who they have relationships with, and the private nature of those relationships," Electronic Frontier Foundation's Matthew Guariglia, Cindy Cohn and Andrew Crocker said.
James Clapper, the former US Director of National Intelligence, "stated publicly that the Snowden disclosures accelerated by seven years the adoption of commercial encryption," Wizner said. "At the individual level, and at the corporate level, we are more secure."

"And at the corporate level, what the Snowden revelations taught big tech was that even as the government was knocking on the front door, with legal orders to turn over customer data, it was breaking in the backdoor," Wizner added. "Government was hacking those companies, finding the few points in their global networks where data passed unencrypted, and siphoning it off." "If you ask the government -- if you caught them in a room, and they were talking off the record -- they would say the biggest impact for us from the Snowden disclosures is that it made big tech companies less cooperative," he continued. "I regard that as a feature, not a bug."

The real issue that the Snowden leaks revealed is that America's "ordinary system of checks and balances doesn't work very well for secret national security programs," Wizner said. "Ten years have gone by," since the first Snowden disclosures, "and we don't know what other kinds of rights-violating activities have been taking place in secret, and I don't trust our traditional oversight systems, courts and the Congress, to ferret those out," Wizner said. "When you're dealing with secret programs in a democracy, it almost always requires insiders who are willing to risk their livelihoods and their freedom to bring the information to the public."
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10 Years After Snowden's First Leak, What Have We Learned?

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  • by parityshrimp ( 6342140 ) on Wednesday June 07, 2023 @10:39PM (#63584978)

    Frontline did what I consider to be a good documentary on the Snowden leaks, titled United States of Secrets. They interviewed a lot of primary sources. It's available free to view online without ads (caveat: I have uBlock Origin on all the time...).

    https://www.pbs.org/wgbh/frontline/documentary/united-states-of-secrets/ [pbs.org]

  • by Anonymous Coward on Wednesday June 07, 2023 @11:12PM (#63584992)

    And the government is still operating with impunity. The same people are still being voted in. Nothing has changed. The only thing that has changed is complaining about China's potential to spy to shift people's eyes elsewhere.

    • Exactly! In a cynical mood you'd say the US does not like tiktok because it prevents the US from spying on others. I do still wonder how all that gathered data is used. Can they hold back from using it for I. E. Industrial espionage? Who knows.
      • Can they hold back from using it for I. E. Industrial espionage? Who knows.

        Gee, does anyone use Internet explorer any more?

    • Have to upvote this for it's painful reality

      • by Brain-Fu ( 1274756 ) on Thursday June 08, 2023 @01:46PM (#63586362) Homepage Journal

        An honest government is something that its people must perpetually fight for. Dishonest people love government positions and government positions tend to make honest people become dishonest. Holding them accountable is hard and if people don't constantly put effort into doing it, then it doesn't happen.

        We can't really blame people for this. There is a lot going on in their lives including a lot of struggles and pains that are more acute than government spying. They have more immediate concerns. So, if they aren't feeling the pain in a direct and identifiable way, then they don't care about it, and are content to let it fester (sometimes while telling themselves false narratives about how it isn't really there).

        • Couldn't agree more. People have a lot of mental tricks to avoid distress and the little lies we tell ourselves every day can form so subconsciously that we don't even know why we think / feel the way we do about things.

          One one hand, it's not unreasonable. We can't solve some problems and have to prioritize our energy into useful places. On the other hand, the views we form to soothe the cognitive dissonance creates traps that can be exploited

        • by gweihir ( 88907 )

          Indeed. But while we cannot blame people, causally there are only two options: People keep their government honest or everything slowly goes to hell. That is pretty much what is going on in the US.

    • by khchung ( 462899 ) on Thursday June 08, 2023 @04:29AM (#63585286) Journal

      On the contrary, we have learned that nothing could be changed, so don't expect anything is going to change.

      • by gweihir ( 88907 )

        Au contraire. Things are changing for the worse. Stay asleep at the wheel, and that surveillance-fascism, with a bit of religious fanaticism thrown in, is not very far away.

    • Re: (Score:3, Insightful)

      by korgitser ( 1809018 )

      But we have learned, and important lessons at that:

      1. Whistleblowers are despicable traitors who hate America.

      2. Freedom of speech is a Russian plot to brainwash the US populace.

      3. The government is not spying, it's protecting democracy.

    • Pew had a report [pewresearch.org] in 2016 on the effects of the Snowden leaks. It's mostly about changes in attitude, rather than directly attributable actions, but you could perhaps give the leaks credit for slowing our erosion of privacy. Though certainly not stopping it.

      The FCC's privacy rules were also enacted in 2016. Perhaps that could be indirectly attributed to Snowden, if only partially.
    • by AmiMoJo ( 196126 ) on Thursday June 08, 2023 @08:22AM (#63585598) Homepage Journal

      I think hoping that the government doesn't spy on you is foolish. You have to secure everything on the assumption that someone with government level resources is trying to hack it.

      That was one of the biggest changes post-Snowden. Encryption became the default because it greatly increases the cost of collecting bulk data. While NSA/GCHQ hacking may still be possible, the hope is that it forces them target their efforts, not simply spy on everyone and save it all in vast databases.

      Much more effort was put into securing supply chains and building trust into hardware.

      People also started paying attention to legal jurisdictions a lot more, particularly the ones outside FIVEEYES and other alliances. Moving data to, and routing traffic through those locations became important.

      • by Shaitan ( 22585 )

        "People also started paying attention to legal jurisdictions a lot more, particularly the ones outside FIVEEYES and other alliances."

        Interesting. So when Snowden revealed that even the good guys are spying your take was to start housing and routing your data through the places already known to be even more untrustworthy?

        • by AmiMoJo ( 196126 )

          We know that FIVEEYES and various other groups exist. We also know that some countries have stronger and better enforced rules against that sort of thing than others. Additionally, adding extra jurisdictions makes it legally more difficult to obtain data, and more risk to hack it since that's an attack on a supposedly friendly country.

          Obviously none of that is a substitute for encryption and other measures, but what was very clear from the Snowden leaks was that a lot of surveillance was opportunistic bulk

          • by Shaitan ( 22585 )

            The biggest takes I had from the Snowden leaks were actually the international agreements to bypass domestic legal issues. Simply send the data to another jurisdiction and request it back. Encryption is worthless if the keys are in the hands of a third party. End-to-End is the only way.

  • by rsilvergun ( 571051 ) on Wednesday June 07, 2023 @11:31PM (#63585012)
    we didn't already know, he just gave us the details. But the whistleblowing was kind of pointless. Nobody cared, and it didn't change how anyone votes.

    And if it doesn't change how you vote, it doesn't matter.
    • by Fons_de_spons ( 1311177 ) on Thursday June 08, 2023 @12:58AM (#63585080)
      It did change things abroad. There were a lot of new IT regulations at my company. The most obvious one was moving the backup servers to a different country. Encryption everywhere,...
      Named the backup server Snowden.
    • by AmiMoJo ( 196126 ) on Thursday June 08, 2023 @04:07AM (#63585262) Homepage Journal

      Until those leaks there was speculation about the NSA and GCHQ, but a lot of it was written off as paranoia.

      The photos of NSA employees installing undetectable, unremovable malware in Cisco hardware intercepted during shipping is a good example. We know it was possible, but few people took it seriously until Snowden showed us the hard proof.

      It certainly affected European companies, who had to move data and services away from the US.

      Not long after, Google started encrypting email sent between servers, because it was known that the NSA intercepted it that way. They also started their push for all websites to use HTTPS, and to protect certificates against the kind of hijacking that the NSA was doing.

      • Re: (Score:2, Insightful)

        by drinkypoo ( 153816 )

        Not long after, Google started encrypting email sent between servers, because it was known that the NSA intercepted it that way.

        And it gave people better fee-fees despite the fact that Google is a member of PRISM and surely just giving the feds all your decrypted email anyway.

        • by AmiMoJo ( 196126 )

          There's not much you can do about legal requests for data, but that's not what encrypting data between email servers was for. That was to stop it being harvested in bulk by tapping the trunk connections between Google datacentres.

          At least with PRISM they have to target certain accounts or individuals, and go through courts. I'm not happy about it either, but that's way better than scooping up everything from everyone all the time.

          • There's not much you can do about legal requests for data, but that's not what encrypting data between email servers was for. That was to stop it being harvested in bulk by tapping the trunk connections between Google datacentres.

            The only entity doing that was the government.

            At least with PRISM they have to target certain accounts or individuals, and go through courts.

            AhahAHAhAHahAH

          • by Shaitan ( 22585 )

            Why target certain accounts or individuals when you can just target the certs and continue harvesting in bulk?

            Zero trust and true end-to-end encryption is the only way.

      • Re: (Score:2, Funny)

        by Ol Olsoc ( 1175323 )

        Until those leaks there was speculation about the NSA and GCHQ, but a lot of it was written off as paranoia.

        The photos of NSA employees installing undetectable, unremovable malware in Cisco hardware intercepted during shipping is a good example. We know it was possible, but few people took it seriously until Snowden showed us the hard proof.

        It certainly affected European companies, who had to move data and services away from the US.

        Not long after, Google started encrypting email sent between servers, because it was known that the NSA intercepted it that way. They also started their push for all websites to use HTTPS, and to protect certificates against the kind of hijacking that the NSA was doing.

        We are fortunate indeed comrade, that no other countries do this. Da, only the Ameriskansi, who if you care to read the real truth, is the exact cause of all evil, past present and future.

        • by AmiMoJo ( 196126 )

          Oh China, France, and many other countries do this too, I'm sure.

          The issue is legal jurisdiction. If you are a Dutch company and the UK hacks you, there isn't much you can do about it. That actually happened. Snowden revealed that GCHQ had stolen the private encryption keys used by a Dutch company that supplied all of Europe and beyond.

          If you are a Dutch company and you find out that the Dutch government hacked you, at least you can sue them, and there will likely be some damaging controversy over who autho

          • Oh China, France, and many other countries do this too, I'm sure.

            The issue is legal jurisdiction. If you are a Dutch company and the UK hacks you, there isn't much you can do about it. That actually happened. Snowden revealed that GCHQ had stolen the private encryption keys used by a Dutch company that supplied all of Europe and beyond.

            If you are a Dutch company and you find out that the Dutch government hacked you, at least you can sue them, and there will likely be some damaging controversy over who authorized something that could cause huge damage to Dutch citizens and Dutch businesses.

            Of course most/all countries do this sort of thing. It isn't whataboutism, just a pragmatic understanding that if something is possible, it will happen.

      • by Shaitan ( 22585 )

        "It certainly affected European companies, who had to move data and services away from the US."

        Yes, China jumped right in to exploit the optics.

        "Google started encrypting email sent between servers, because it was known that the NSA intercepted it that way. They also started their push for all websites to use HTTPS, and to protect certificates against the kind of hijacking that the NSA was doing."

        This was all misdirection. https is fundamentally flawed and depends on a trust model, a model that government a

    • by Shaitan ( 22585 )

      People cared. People cared a great deal. The response was that congress passed a bill that blessed these violations of our rights and claimed it was to 'stop it.'

      At no point did anyone of note run on a platform of massive reform and gutting the deep state snowden exposed... oh wait, yes someone did and people elected him President but his entire presidency was plagued by obstruction and false allegations driven by the entrenched powers pissed at his victory and given false credibility by the intelligence ag

    • And if you changed how you voted then what difference would that make? Really both sides accept this, voting in the system doesn't matter in the end it just gives people a perception they have some say.

    • by antdude ( 79039 )

      Why bother voting if they don't change anything like this? :(

  • Dont be the good guy (Score:5, Interesting)

    by ClueHammer ( 6261830 ) on Wednesday June 07, 2023 @11:43PM (#63585020)
    Your political system will hunt you down and make you life intolerable. applies to all political systems.
  • Glenn's a loser (Score:1, Insightful)

    by bhcompy ( 1877290 )
    We learned that Glenn Greenwald is a Russian operative/sympathizer/dipshit/whatever. Snowden was a patsy at best, and complicit at worst
    • by Rujiel ( 1632063 )
      Spoken like a true plant, or like someone who has been huffing nothing but MSNBC for the last decade.
  • I remember the kind of people who were talking the loudest about it almost immediately on social media. The most prominent ones I saw didn't seem to be native English speakers, and I saw the same people later trolling on behalf of the 2014 Russian invasion of Crimea. When I earlier saw Snowden had run to Russia, I just rolled my eyes.

    The NSA's invasions of privacy were already known to the public going back to before the turn of the century, but Snowden (with very obvious help) weaponized it against th
    • When I earlier saw Snowden had run to Russia, I just rolled my eyes.

      That makes sense. I'd roll my eyes too, if my head were totally up my own asshole, because I'd rather see the inside of my head than the inside of my ass.

      Snowden flew to Russia with the intent of evading authorities in Hong Kong and making a connecting flight. But the US terminated his passport while he was on the way there. He literally could not leave.

      You cannot reasonably believe both that Snowden was a hapless fuck and a genius playing 4D chess at the same time.

      The NSA's invasions of privacy were already known to the public going back to before the turn of the century, but Snowden (with very obvious help) weaponized it against the United States while running into the arms of what was already one of the least free, least rights-respecting regimes on the planet.

      None of the big three actually respect rights when they are inconvenient. Get that into your head immediately.

      • by DarkOx ( 621550 )

        Snowden - should have stay and faced the consequences. That is all there is to it. You fall in line, work how you can thru the system, or you break the rules and face the music.

        When you break the rules and flee the country - you're a traitor!

        • Snowden - should have stay and faced the consequences.

          Snowden should have been crucified so that you could feel better about The System? What level of bootlickery is that?

          When you break the rules and flee the country - you're a traitor!

          No, you're a traitor. Snowden did what he did to let us know the government was breaking the law. You're willfully spreading propaganda constructed by the internal enemies of our country who would destroy what we have of democracy.

          • Snowden - should have stay and faced the consequences.

            Snowden should have been crucified so that you could feel better about The System? What level of bootlickery is that?

            When you break the rules and flee the country - you're a traitor!

            No, you're a traitor. Snowden did what he did to let us know the government was breaking the law. You're willfully spreading propaganda constructed by the internal enemies of our country who would destroy what we have of democracy.

            Snowden was under no obligation to surrender his life to the US criminal prosecution system.
            But the brutal truth is: that's the only reason martyrs are ever effective -- they're crucified when they didn't have to be.

            If Snowden had stayed and become the lamb, then yeah, his life would have been forfeit. At best he'd be in prison until he died or some future President pardoned him. But it would have forced the issues to be our problem, in our system, with our ACLU/EFF/etc. friends of the court, our Congressi

        • by Shaitan ( 22585 ) on Thursday June 08, 2023 @12:34PM (#63586182)

          False. There is no obligation to stick around and fall on your sword after doing the right thing. That is ridiculous. Failing to fall on his sword after exposing executive level treason does not magically make *him* the traitor.

          If he is a traitor it is for having been complicit in and aided the enemies within our government who perpetrated these crimes but since the crimes were ongoing and rampant most would consider his disclosures somewhat mitigating.

      • Oh, so it's a coincidence he became Kremlin property almost immediately after fingerblasting US national security and then fleeing the country! I see. How silly of me to think when someone's actions and their consequences align perfectly in the commission of multiple felonies, there was probably malice aforethought. Thanks for setting me and every prosecutor in the world straight about that.

        Next to the objective facts of what he actually did, your analysis of his intentions is way more convincing.

        None

        • It's definitely not a coincidence, you are correct.

          You're just wrong on the facts about all the rest of it. Read any contemporaneous reports or any of the summary books.

          I don't know who told you these conspiracy theories but they're making you look bad.

          Load up on research. It's not even difficult. Reading is fundamental.

        • by Shaitan ( 22585 )

          The US grounded his flight and stranded him there. No that isn't a coincidence.

          • So it's not that he's a Russian spy, it's that it was an American conspiracy to make him look like a Russian spy.

            He acted like a Russian spy every single moment up to that point, but really he was a conscientious whistleblower...who had zero faith in any other American but himself. Much like a Russian spy. And conveniently did everything he conceivably could to serve the purposes of the Kremlin at the time, and ended up in Kremlin control because we forced him to. Like every Russian spy ever says.

            T
            • by Shaitan ( 22585 )

              "So it's not that he's a Russian spy, it's that it was an American conspiracy to make him look like a Russian spy."

              You are seriously going to try to discredit the notion of a conspiracy by virtue of being a conspiracy when talking about Edward fucking Snowden??!? The idea that the people Edward Snowden just revealed were actively engaged in domestic and international conspiracies by the assload being subjected to a conspiracy by the same people to mitigate the damage. Nah, that's not plausible. Give me a br

      • But the US terminated his passport while he was on the way there. He literally could not leave.

        lol. Imagine considering the passport system the one inviolable institution on this planet. It is managed and respected with absolute integrity and is ALWAYS respected (unless you are in the armed forces of the USA, in which case your ID card allows you to bypass all of those systems).

        Yeah, Snowden was stuck there. There was absolutely no way around. Everyone always has to respect all of the laws made by various countries and agreed to Internationally. Russia ALWAYS respects what the USA says in relation t

        • Yeah, Snowden was stuck there. There was absolutely no way around.

          Snowden was an international person of interest arriving in a highly policed country. Work it out.

          • Why don't you work out that the other countries didn't HAVE to play the game defined by the USA. Rules about passports are sovereign rules. The sovereign entity can, and does, violate those rules at will.

            The argument is that Snowden didn't have a choice. With that, most of us are in agreement. What others disagree with is that the countries involved did have a choice, which your narrative seems to ignore.

  • by Freischutz ( 4776131 ) on Thursday June 08, 2023 @03:39AM (#63585226)

    10 Years After Snowden's First Leak, What Have We Learned?

    Well, one thing I learned and that rather surprised me, because of it being rather contradictory, is that the freedom loving anti government people who are constantly on guard against government surveillance aimed at taking away their money, their religion, their rights and their guns want the guy who exposed the 'deep state' like surveillance activities of the US government to be executed as a traitor.

    • They've been force-fed the red pill and just want to go back to eating fake steak.

    • by pitch2cv ( 1473939 ) on Thursday June 08, 2023 @04:55AM (#63585328)

      Exactly this! Cos he "ran for Russia"!!?! Which he obviously did not do: The US govt grounded Snowden in Moscow by revoking his passport.

    • by Shaitan ( 22585 )

      Do they? Last I checked they elected the first person to come along they didn't was connected to the deep state [Trump] and have watched him be attacked continually by the same deep state ever since.

      What I find interesting is that so many who recognize Snowden as a hero now claim the same deep state he exposed is a conspiracy theory and Russian propaganda for no better reason than the deep state now has a partisan affiliation [because on party was infiltrated by MAGA, leaving only one fully corrupt wing to

    • by gweihir ( 88907 )

      That did not actually surprise me. These people are not rational and have no capability for understanding how things actually work. Remember when after January 6th, many of them claimed even here nothing illegal had happened? _That_ is the level of extreme non-understanding these people operate on.

  • by Growlley ( 6732614 ) on Thursday June 08, 2023 @05:04AM (#63585346)
    that still believe the lie 'they are the good guys' instead of sometimes the slightly lesser of 2 evils.
    • by Shaitan ( 22585 )

      There are Americans who are the good guys and supporting the American notion of liberty and freedom is still what defines a good guy. Sadly that isn't the notion running America these days.

  • by argStyopa ( 232550 ) on Thursday June 08, 2023 @06:50AM (#63585474) Journal

    Snowden remains vilified to the current day, trapped in a Russia he cannot leave. Ironically, the current administration characterises him as pro Russian or at least a Russian sympathizer, when it was the US government pressuring allies to refuse him entry that trapped him there.

  • Snowdon just confirmed what many people suspected: The US government is out of control. Spying on its own populace, torture and rendition, secret courts, and more.

    In a decent world, Snowdon would be a hero: bringing illegal government activities to public attention. Instead, some comments call him a traitor. He fled to Russia, because in US custody he would be held in solitary confinement until he went nuts (Manning), or possibly tortured, or possibly he would just be "helped" to commit suicide (Epstein).

    • by gweihir ( 88907 )

      Sad but true. The US is sliding into totalitarianisms and there seems to be no way to prevent that.

  • I do wonder if Q would have had as big an effect if Snowden hadn't revealed that yes, the Government IS tracking you, those things the "crazy tin foil hat people" were saying are actually true.
  • by Gravis Zero ( 934156 ) on Thursday June 08, 2023 @08:11AM (#63585580)

    The general public learned nothing because they knew nothing to start with. However, many developers learned that you must encrypt your data if you don't want it to be consumed en masse. HTTP sites are basically non-existent now which is a huge improvement and encryption for chat applications is commonplace.

    • The general public learned nothing because they knew nothing to start with. However, many developers learned that you must encrypt your data if you don't want it to be consumed en masse.

      NEVER FORGET QWEST [wikipedia.org]. (Anyone who didn't know that seven years before the Snowden "revelations" is a toolbag.)

    • by antdude ( 79039 )

      Now if we could encrypt other online communication types like e-mails by default.

  • It has become an accepted fact that the US cryptographic standards (because that's the domain I work in - other countries do it too) have back doors and we know some of them but there may be more.

    So when I explain my designs and point to specific suspect constructions, people believe me whereas before they thought it was tin foil hat nonsense. In defiance of FIPS140-2, we never put in the CRNGT because it lower entropy of data from a random number generator. Why is that in FIPS 140-2 and not in SP800-90 (th

  • A government that is not fully open and transparent is an evil government.

    Hiding things behind "National Security" and byzantine layers of classification is done by people who know they are doing wrong things that the public would not stand for if it was done in the open.

    Keeping things secret from "the enemy" is an act of paranoia. Civilized societies should trade with all and be peaceful. A country with enemies is a country that has lost its way.

    Who are Switzerland enemies? Who are Costa Rica's enemie

  • The headline is damn funny. "Snowden's first leak".
  • Learned that people are pretty much sheep (not learned, confirmed... happened again sometimes around 2021).

    The people know it, the gov know it, the 3/4 letter agencies know it. They can do whatever the f they want, and you won't do anything. You will go to your elections and vote for them again, and again, because what else you gonna do? huh?

    They are doing it right now, dunno what... but they are doing something that sheep will be outraged about in 10 years time when they find out. Same thing going to happe

  • âoeThe 9 most terrifying words in the English language are âoeI'm from the government, and I'm here to helpâ - Ronald Reagan (b. 1911)

You are always doing something marginal when the boss drops by your desk.

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