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Paul Merrell

U.S. to China: We Hacked Your Internet Gear We Told You Not to Hack | Wired Enterprise ... - 0 views

  • The headline news is that the NSA has surreptitiously “burrowed its way into nearly all the security architecture” sold by the world’s largest computer networking companies, including everyone from U.S. mainstays Cisco and Juniper to Chinese giant Huawei. But beneath this bombshell of a story from Der Spiegel, you’ll find a rather healthy bit of irony. After all, the United States government has spent years complaining that Chinese intelligence operations could find ways of poking holes in Huawei networking gear, urging both American businesses and foreign allies to sidestep the company’s hardware. The complaints grew so loud that, at one point, Huawei indicated it may abandon the U.S. networking market all together. And, yet, Der Speigel now tells us that U.S. intelligence operations have been poking holes in Huawei networking gear — not to mention hardware sold by countless other vendors in both the States and abroad. “We read the media reports, and we’ve noted the references to Huawei and our peers,” says William Plummer, a Huawei vice president and the company’s point person in Washington, D.C. “As we have said, over and over again — and as now seems to be validated — threats to networks and data integrity can come from any and many sources.”
  • Plummer and Huawei have long complained that when the U.S. House Intelligence Committee released a report in October 2012 condemning the use of Huawei gear in telephone and data networks, it failed to provide any evidence that the Chinese government had compromised the company’s hardware. Adam Segal, a senior fellow for China Studies at the Center for Foreign Relations, makes the same point. And now we have evidence — Der Spiegel cites leaked NSA documents — that the U.S. government has compromised gear on a massive scale. “Do I see the irony? Certainly the Chinese will,” Segal says, noting that the Chinese government and the Chinese press have complained of U.S hypocrisy ever since former government contractor Edward Snowden first started to reveal NSA surveillance practices last summer. “The Chinese government has been hammering home what they call the U.S.’s ulterior motives for criticizing China, and there’s been a steady drumbeat of stories in the Chinese press about backdoors in the products of U.S. companies. They’ve been going after Cisco in particular.”
  • To be sure, the exploits discussed by Der Spiegel are a little different from the sort of attacks Congress envisioned during its long campaign against Huawei and ZTE, another Chinese manufacturer. As Segal and others note, Congress mostly complained that the Chinese government could collaborate with people inside the two companies to plant backdoors in their gear, with lawmakers pointing out that Huawei’s CEO was once an officer in China’s People’s Liberation Army, or PLA, the military arm of the country’s Communist party. Der Spiegel, by contrast, says the NSA is exploiting hardware without help from anyone inside the Ciscos and the Huaweis, focusing instead on compromising network gear with clever hacks or intercepting the hardware as it’s shipped to customers. “For the most part, the article discusses typical malware exploits used by hackers everywhere,” says JR Rivers, an engineer who has built networking hardware for Cisco as well as Google and now runs the networking startup Cumulus Networks. “It’s just pointing out that the NSA is engaged in the practice and has resources that are not available to most people.” But in the end, the two types of attack have the same result: Networking gear controlled by government spies. And over the last six months, Snowden’s revelations have indicated that the NSA is not only hacking into networks but also collaborating with large American companies in its hunt for data.
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  • Jim Lewis, a director and senior fellow with the Center for Strategic and International Studies, adds that the Chinese view state-sponsored espionage a little differently than the U.S. does. Both countries believe in espionage for national security purposes, but the Chinese argue that such spying might include the theft of commercial secrets. “The Chinese will tell you that stealing technology and business secrets is a way of building their economy, and that this is important for national security,” says Lewis, who has helped oversee meetings between the U.S. and the Chinese, including officers in the PLA. “I’ve been in the room when they’ve said that. The last time was when a PLA colonel said: ‘In the U.S., military espionage is heroic and economic espionage is a crime. In China, the line is not that clear.’” But here in the United States, we now know, the NSA may blur other lines in the name of national security. Segal says that although he, as an American, believes the U.S. government is on stronger ethical ground than the Chinese, other nations are beginning to question its motives. “The U.S has to convince other countries that our type of intelligence gathering is different,” he says. “I don’t think that the Brazils and the Indias and the Indonesias and the South Africas are convinced. That’s a big problem for us.”
  • The thing to realize, as the revelations of NSA snooping continue to pour out, is that everyone deserves scrutiny — the U.S government and its allies, as well as the Chinese and others you may be more likely to view with skepticism. “All big countries,” Lewis says, “are going to try and do this.”
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    Of course, we now know that the U.S. conducts electronic surveillance for a multitude of purposes, including economic. Check this group's notes tagged "NSA-targets" and/or "NSA-goals".
Paul Merrell

NSA Spied on Chinese Government and Networking Firm Huawei - SPIEGEL ONLINE - 0 views

  • According to documents viewed by SPIEGEL, America'a NSA intelligence agency put considerable efforts into spying on Chinese politicians and firms. One major target was Huawei, a company that is fast becoming a major Internet player.
  • The American government conducted a major intelligence offensive against China, with targets including the Chinese government and networking company Huawei, according to documents from former NSA worker Edward Snowden that have been viewed by SPIEGEL. Among the American intelligence service's targets were former Chinese President Hu Jintao, the Chinese Trade Ministry, banks, as well as telecommunications companies. But the NSA made a special effort to target Huawei. With 150,000 employees and €28 billion ($38.6 billion) in annual revenues, the company is the world's second largest network equipment supplier. At the beginning of 2009, the NSA began an extensive operation, referred to internally as "Shotgiant," against the company, which is considered a major competitor to US-based Cisco. The company produces smartphones and tablets, but also mobile phone infrastructure, WLAN routers and fiber optic cable -- the kind of technology that is decisive in the NSA's battle for data supremacy. A special unit with the US intelligence agency succeeded in infiltrating Huwaei's network and copied a list of 1,400 customers as well as internal documents providing training to engineers on the use of Huwaei products, among other things.
  • According to a top secret NSA presentation, NSA workers not only succeeded in accessing the email archive, but also the secret source code of individual Huwaei products. Software source code is the holy grail of computer companies. Because Huawei directed all mail traffic from its employees through a central office in Shenzhen, where the NSA had infiltrated the network, the Americans were able to read a large share of the email sent by company workers beginning in January 2009, including messages from company CEO Ren Zhengfei and Chairwoman Sun Yafang. "We currently have good access and so much data that we don't know what to do with it," states one internal document. As justification for targeting the company, an NSA document claims that "many of our targets communicate over Huawei produced products, we want to make sure that we know how to exploit these products." The agency also states concern that "Huawei's widespread infrastructure will provide the PRC (People's Republic of China) with SIGINT capabilities." SIGINT is agency jargon for signals intelligence. The documents do not state whether the agency found information indicating that to be the case.
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  • The operation was conducted with the involvement of the White House intelligence coordinator and the FBI. One document states that the threat posed by Huawei is "unique". The agency also stated in a document that "the intelligence community structures are not suited for handling issues that combine economic, counterintelligence, military influence and telecommunications infrastructure from one entity."
  • Editor's note: A longer version of this story will appear in German in the issue of SPIEGEL to be published on Monday.
Paul Merrell

N.S.A. Breached Chinese Servers Seen as Security Threat - NYTimes.com - 0 views

  • American officials have long considered Huawei, the Chinese telecommunications giant, a security threat, blocking it from business deals in the United States for fear that the company would create “back doors” in its equipment that could allow the Chinese military or Beijing-backed hackers to steal corporate and government secrets.But even as the United States made a public case about the dangers of buying from Huawei, classified documents show that the National Security Agency was creating its own back doors — directly into Huawei’s networks.
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    New York TImes version of same story published yesterday by Der Spiegel, with much more detail in this version. 
Paul Merrell

Catalog Reveals NSA Has Back Doors for Numerous Devices - SPIEGEL ONLINE - 0 views

  • When it comes to modern firewalls for corporate computer networks, the world's second largest network equipment manufacturer doesn't skimp on praising its own work. According to Juniper Networks' online PR copy, the company's products are "ideal" for protecting large companies and computing centers from unwanted access from outside. They claim the performance of the company's special computers is "unmatched" and their firewalls are the "best-in-class." Despite these assurances, though, there is one attacker none of these products can fend off -- the United States' National Security Agency.
  • Specialists at the intelligence organization succeeded years ago in penetrating the company's digital firewalls. A document viewed by SPIEGEL resembling a product catalog reveals that an NSA division called ANT has burrowed its way into nearly all the security architecture made by the major players in the industry -- including American global market leader Cisco and its Chinese competitor Huawei, but also producers of mass-market goods, such as US computer-maker Dell.
  • The specialists at ANT, which presumably stands for Advanced or Access Network Technology, could be described as master carpenters for the NSA's department for Tailored Access Operations (TAO). In cases where TAO's usual hacking and data-skimming methods don't suffice, ANT workers step in with their special tools, penetrating networking equipment, monitoring mobile phones and computers and diverting or even modifying data. Such "implants," as they are referred to in NSA parlance, have played a considerable role in the intelligence agency's ability to establish a global covert network that operates alongside the Internet. Some of the equipment available is quite inexpensive. A rigged monitor cable that allows "TAO personnel to see what is displayed on the targeted monitor," for example, is available for just $30. But an "active GSM base station" -- a tool that makes it possible to mimic a mobile phone tower and thus monitor cell phones -- costs a full $40,000. Computer bugging devices disguised as normal USB plugs, capable of sending and receiving data via radio undetected, are available in packs of 50 for over $1 million.
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  • These NSA agents, who specialize in secret back doors, are able to keep an eye on all levels of our digital lives -- from computing centers to individual computers, and from laptops to mobile phones. For nearly every lock, ANT seems to have a key in its toolbox. And no matter what walls companies erect, the NSA's specialists seem already to have gotten past them. This, at least, is the impression gained from flipping through the 50-page document. The list reads like a mail-order catalog, one from which other NSA employees can order technologies from the ANT division for tapping their targets' data. The catalog even lists the prices for these electronic break-in tools, with costs ranging from free to $250,000. In the case of Juniper, the name of this particular digital lock pick is "FEEDTROUGH." This malware burrows into Juniper firewalls and makes it possible to smuggle other NSA programs into mainframe computers. Thanks to FEEDTROUGH, these implants can, by design, even survive "across reboots and software upgrades." In this way, US government spies can secure themselves a permanent presence in computer networks. The catalog states that FEEDTROUGH "has been deployed on many target platforms."
  • The ANT division doesn't just manufacture surveillance hardware. It also develops software for special tasks. The ANT developers have a clear preference for planting their malicious code in so-called BIOS, software located on a computer's motherboard that is the first thing to load when a computer is turned on. This has a number of valuable advantages: an infected PC or server appears to be functioning normally, so the infection remains invisible to virus protection and other security programs. And even if the hard drive of an infected computer has been completely erased and a new operating system is installed, the ANT malware can continue to function and ensures that new spyware can once again be loaded onto what is presumed to be a clean computer. The ANT developers call this "Persistence" and believe this approach has provided them with the possibility of permanent access. Another program attacks the firmware in hard drives manufactured by Western Digital, Seagate, Maxtor and Samsung, all of which, with the exception of the latter, are American companies. Here, too, it appears the US intelligence agency is compromising the technology and products of American companies.
  • Other ANT programs target Internet routers meant for professional use or hardware firewalls intended to protect company networks from online attacks. Many digital attack weapons are "remotely installable" -- in other words, over the Internet. Others require a direct attack on an end-user device -- an "interdiction," as it is known in NSA jargon -- in order to install malware or bugging equipment. There is no information in the documents seen by SPIEGEL to suggest that the companies whose products are mentioned in the catalog provided any support to the NSA or even had any knowledge of the intelligence solutions. "Cisco does not work with any government to modify our equipment, nor to implement any so-called security 'back doors' in our products," the company said in a statement. Contacted by SPIEGEL reporters, officials at Western Digital, Juniper Networks and Huawei also said they had no knowledge of any such modifications. Meanwhile, Dell officials said the company "respects and complies with the laws of all countries in which it operates." Many of the items in the software solutions catalog date from 2008, and some of the target server systems that are listed are no longer on the market today. At the same time, it's not as if the hackers within the ANT division have been sleeping on the job. They have continued to develop their arsenal. Some pages in the 2008 catalog, for example, list new systems for which no tools yet exist. However, the authors promise they are already hard at work developing new tools and that they will be "pursued for a future release."
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    Oh, great. My router and all of my hard drives have NSA backdoors in them. And my BIOS on the Linux box may be infected with a backdoor. What are the odds that NSA has not developed similar capability for the UEFI on our two newer Windows boxes? 
Paul Merrell

Glenn Greenwald: how the NSA tampers with US-made internet routers | World news | The G... - 0 views

  • The NSA has been covertly implanting interception tools in US servers heading overseas – even though the US government has warned against using Chinese technology for the same reasons, says Glenn Greenwald, in an extract from his new book about the Snowden affair, No Place to Hide
  • For years, the US government loudly warned the world that Chinese routers and other internet devices pose a "threat" because they are built with backdoor surveillance functionality that gives the Chinese government the ability to spy on anyone using them. Yet what the NSA's documents show is that Americans have been engaged in precisely the activity that the US accused the Chinese of doing.
  • The Rogers committee voiced fears that the two companies were enabling Chinese state surveillance, although it acknowledged that it had obtained no actual evidence that the firms had implanted their routers and other systems with surveillance devices. Nonetheless, it cited the failure of those companies to cooperate and urged US firms to avoid purchasing their products
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  • The constant accusations became such a burden that Ren Zhengfei, the 69-year-old founder and CEO of Huawei, announced in November 2013 that the company was abandoning the US market. As Foreign Policy reported, Zhengfei told a French newspaper: "'If Huawei gets in the middle of US-China relations,' and causes problems, 'it's not worth it'."
  • But while American companies were being warned away from supposedly untrustworthy Chinese routers, foreign organisations would have been well advised to beware of American-made ones. A June 2010 report from the head of the NSA's Access and Target Development department is shockingly explicit. The NSA routinely receives – or intercepts – routers, servers and other computer network devices being exported from the US before they are delivered to the international customers.The agency then implants backdoor surveillance tools, repackages the devices with a factory seal and sends them on. The NSA thus gains access to entire networks and all their users. The document gleefully observes that some "SIGINT tradecraft … is very hands-on (literally!)".Eventually, the implanted device connects back to the NSA. The report continues: "In one recent case, after several months a beacon implanted through supply-chain interdiction called back to the NSA covert infrastructure. This call back provided us access to further exploit the device and survey the network."
  • Warning the world about Chinese surveillance could have been one of the motives behind the US government's claims that Chinese devices cannot be trusted. But an equally important motive seems to have been preventing Chinese devices from supplanting American-made ones, which would have limited the NSA's own reach. In other words, Chinese routers and servers represent not only economic competition but also surveillance competition.
Gary Edwards

Disaster Averted? Not! The Back Story on the Debt Limit | Experts' Corner | Big Think - 0 views

  • You see, it is an extremely important but little known fact that China's currency peg -- the #1 trade cheat the Dragon uses to vacuum jobs out of the USA -- actually compels them to loan us money no matter how loudly they insist that that they have a choice of investments. It works like this: American's proclivity to take both the wages from our Democratic stimulus job and the checks from our Republican tax refunds down to Wal-Mart for another cart full of Chinese products, not only creates more jobs in Guangzhou than it does Milwaukee but also leaves China bursting with US dollars. The Chinese government then soaks up a lot of those bucks from companies like Huawei by selling short term, high yield bonds that pay back in Yuan. They then march those dollars right back to the US treasury. In fact, they pay MORE to get the dollars out of private hands in China than they earn on the increasingly risky bet they are making in US debt! At this point you should be thinking, "WTF?"
  • If China's firms were allowed to trade their dollars for Chinese Yuan on the foreign exchanges, the dollar would fall against the Yuan and undermine China's unfair 40% advantage against every American (and European and Asian) product. If they trade those bucks for some other currency, like the Euro, the dollar is still being sold and it still falls, plus China's growth draws a them right back in searching to buy Yuan, which would then rise. If China purchases products or commodities on the open markets, those dollars would still be exchanged, the greenback would drop to competitive levels, the Yuan would rise to its real purchasing power and Americans would go back to work making things.
  • Wishing to avoid that horror of horrors at all costs, the Boys from Beijing must hold their noses and throw another billion good dollars after bad into the pit of the US treasury.
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  • Like Frodo's ring of power, the dollar can only be destroyed where it was created.
  • So when the President and the Congress reluctantly shake hands over this deal to avert disaster, understand that they have in great part only agreed to fuel the fire that has been burning down America's jobs factory for years, and thereby undermining government revenues and creating the apparent need for constant stimulus. 
  • So far, borrowing is the only way these folks of wee little imagination can see to sustain both the President's exorbitant level of spending and the Republican's stubborn pledge against tax increases.
  • The obvious solutions eludes them, which is either to stop borrowing from communist criminals and borrow at higher interest rates from Americans, or slap a significant tariff on China until they drop their currency peg and illegal trade barriers
  • The last decade of ultra low-interest rates, government stimulus efforts, and engagement with Communist China have clearly been an unmitigated disaster for the US economy.
  • Is anyone in DC listening?
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    Excellent article written by Peter Navarro and Greg Autry, authors of "Death by China: Confronting the Dragon -- A Global Call to Action". The authors explain why China MUST continue to buy US Treasuries regardless of the low rate of return and extremely high risk of default or ravage by inflation through the destruction of the dollar.  Very interesting.  But the game China is playing really looks unsustainable. The one thing the authors don't touch is the role International Banksters and their New World Corporations have played in this assault on American propserity.  I guess i have to get the book!   One last point; having worked for a Chinese Corporation desiring to enter the USA-European information technology markets, i don't doubt for a moment that Autry and Navarro have this exactly right.  We are at war, with Chicomms providing the shock troops for this latest Bankster - Bankster Corp assault on our liberty.
Paul Merrell

Testosterone Pit - Home - NSA Spying Crushes US Tech Companies in Emerging Ma... - 0 views

  • Cisco CEO John Chambers had a euphemism for it during the first quarter earnings call: the “challenging political dynamics in that country,” that country being China. But then there was India and others, including Russia where NSA leaker Edward Snowden is holed up, and where sales crashed much worse than in China. It led Cisco to chop its guidance. Overall revenues, instead of rising, would drop 8% to 10%. Or, as Tal Liani, an analyst from Bank of America, pointed out during the call, by “11% sequentially,” the worst since January 2009 when “the world was about to collapse.” It was in between the lines everywhere, but never once did Chambers, or anyone else on his team, mouth the acronym NSA. It was off limits. And that’s exactly how another tech giant, IBM, had dealt with its own China revenue fiasco.
  • How fast has the collapse happened? Cisco had already been struggling in China a year ago, when business was “flat.” Chambers had explained at the time that China was “very important” to Cisco. “We have invested a lot of resources in innovation in China for the last 20 years, and our commitment to China has not changed in any way,” he’d said. But China is home to some of Cisco’s largest competitors, Huawei and ZTE – whose forays into the US have been blocked by Congress for security reasons. Cisco was feeling the heat from that imbroglio – but it thought that problem would go away in a couple of quarters. In Q4, ending July 31, after the Snowden revelations had been ricocheting around for months, the China business fell 6%. “China is a little bit unique to Cisco because of some of the issues going on, which you all are aware of,” he’d said during the earnings call on August 14, once again refusing the utter NSA. Three months later, due to “the challenging political dynamics in that country?” An 18% plunge. Business in India, the “highlight in Asia-Pacific,” as Chambers had called it three months ago, had been up a dizzying 19% during Q4. Three months later, a stunning reversal: down 18%.
  • A year ago, Brazil was a star: orders had jumped 24%! By Q4 this year, orders were flat. Then revelations pushed Brazil center-stage in the spying scandal, and it had an allergic reaction. The government is even trying to force Google and others to keep Brazilian data in local data centers, not spread around the world. It would require the reengineering of the internet. During that quarter, orders plunged 25%! And Russia, where Snowden is trying to find new footing? Already damaged from the revelations, business in Q4 had been “approximately flat.” But now it plummeted 30%, the worst of any major market in Cisco’s book.
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  • “I’ve never seen that fast a move in emerging markets,” Chambers said. His industry peers were seeing the same thing. “Most of my CEO counterparts can almost finish my sentences in terms of what’s occurring,” he said. He even mentioned IBM. It’s “an industry phenomenon.” The collapse in the emerging markets – “We believe that more than half the world’s GDP occurs there,” he said – was “very consistent across the board.” And that consistency is what he was fretting about. “We usually, unfortunately, see things a couple of quarters ahead of our peers. This time we were a little bit surprised.” In the top five emerging markets, the “softening” started in Q4, “when we said they went from 13% growth the quarter before to flat in Q4. The other 15 countries continued to grow in the low teens. This time, all of them came down, and so out of our top 10, it was pretty brutal on that.” The NSA’s reckless all-encompassing spying, and its hand-in-glove multi-billion-dollar collusion with US tech companies to accomplish it, is now wreaking havoc on these same tech companies. Revenues are getting crushed overseas. Emerging market governments and companies are looking at other options. Trust that has taken decades to build has evaporated. A study in early August estimated that the spying scandal would cost US tech companies $35 billion. Which might not even be enough for a down-payment: alone that 11% drop in Cisco’s stock today cost shareholders $16 billion. 
  • It’s not a temporary issue. New revelations bubble to the surface all the time to complete the picture of a seamless, borderless, nearly perfect surveillance society. One dimension: the NSA and British GCHQ secretly break into the “clouds” of US companies to syphon off user data on a large scale. Illegal in the US. But the cloud is worldwide. Read..... NSA Secretly Breaks Into The Cloud Of US Tech Companies, Siphons Off Data, Fouls Up Revenues Overseas And here is my whole series on the spreading NSA spying scandal and its implications.
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
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