Group items tagged

Last night’s episode of 60 Minutes on CBS included what basically amounted to an uncritical commercial for the embattled National Security Agency, led by a journalist who used to be a government colleague. While the show — which has faced recent problems of its own, from the Benghazi debacle to the Amazon drone PR stunt — celebrated its own “unprecedented access to NSA headquarters,” it’s clear the meeting was on the NSA’s terms. In fact, NSA Director General Keith Alexander “made the call to invite us in,” a 60 Minutes producer admitted. They pretty much let him say his piece, nodding along excitedly. “Full disclosure, I once worked in the office of the director of National Intelligence where I saw firsthand how secretly the NSA operates,” said the reporter John Miller at the start of the segment.

While no critics of the NSA programs were given a chance to make the case against the potentially extralegal spying, which has resulted in international outrage, CBS did assist in the discrediting of master leaker Edward Snowden. Take, for example, this galling exchange with the head of the Snowden task force within the NSA, following Miller’s dismissive description of Snowden as a “twentysomething-year-old, high-school-dropout contractor”: John Miller: Did you sit in his chair?Rick Ledgett: I did not. I couldn’t bring myself to do that. […] At home, they discovered Snowden had some strange habits. Rick Ledgett: He would work on the computer with a hood that covered the computer screen and covered his head and shoulders, so that he could work and his girlfriend couldn't see what he was doing.John Miller: That's pretty strange, sitting at your computer kind of covered by a sheet over your head and the screen?Rick Ledgett: Agreed.

Media observers, some less personally involved in the Snowden leaks than others, could not believe what they were watching: 60 Minutes forgot to ask about how James Clapper & Keith Alexander routinely lied to Congress & FISA courts - just ran out of time.— Glenn Greenwald (@ggreenwald) December 16, 2013 Wow, the 60 Minutes piece about the NSA was just embarrassing. Kudos to the NSA communications staff. You guys should get a raise.— Ryan Lizza (@RyanLizza) December 16, 2013

This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.

Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy

Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.

Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.

The case challenges the mass telephone records collection that was confirmed by the FISA Order that was published on June 5, 2013 and confirmed by the Director of National Intelligence (DNI) on June 6, 2013. The DNI confirmed that the collection was “broad in scope” and conducted under the “business records” provision of the Foreign Intelligence Surveillance Act, also known as section 215 of the Patriot Act and 50 U.S.C. section 1861. The facts have long been part of EFF’s Jewel v. NSA case. The case does not include section 702 programs, which includes the recently made public and called the PRISM program or the fiber optic splitter program that is included (along with the telephone records program) in the Jewel v. NSA case. 

(Reuters) - As a key part of a campaign to embed encryption software that it could crack into widely used computer products, the U.S. National Security Agency arranged a secret $10 million contract with RSA, one of the most influential firms in the computer security industry, Reuters has learned. Documents leaked by former NSA contractor Edward Snowden show that the NSA created and promulgated a flawed formula for generating random numbers to create a "back door" in encryption products, the New York Times reported in September. Reuters later reported that RSA became the most important distributor of that formula by rolling it into a software tool called Bsafe that is used to enhance security in personal computers and many other products.Undisclosed until now was that RSA received $10 million in a deal that set the NSA formula as the preferred, or default, method for number generation in the BSafe software, according to two sources familiar with the contract. Although that sum might seem paltry, it represented more than a third of the revenue that the relevant division at RSA had taken in during the entire previous year, securities filings show.

The earlier disclosures of RSA's entanglement with the NSA already had shocked some in the close-knit world of computer security experts. The company had a long history of championing privacy and security, and it played a leading role in blocking a 1990s effort by the NSA to require a special chip to enable spying on a wide range of computer and communications products.

The RSA deal shows one way the NSA carried out what Snowden's documents describe as a key strategy for enhancing surveillance: the systematic erosion of security tools. NSA documents released in recent months called for using "commercial relationships" to advance that goal, but did not name any security companies as collaborators.

Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:

Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).

Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.

If you’re reading this, then I’m willing to bet that you’ve been called many different names throughout your life. If I were to hazard a guess, I would say they were names like kook, paranoid, conspiracy theorist, alarmist, insane, or gullible. And after this week, you can go by a new name: Vindicated. I’m of course talking about recent revelations from the NSA. Long before Edward Snowden came along, it was no secret that the NSA was spying on everyone without good cause. Anyone who believed that fact was called a conspiracy theorist, but their fears were eventually validated. These same people also understood that the NSA’s surveillance powers would never be used exclusively against terrorists and hostile governments. The power they have is just too tempting for any government. If various government agencies weren’t using the NSA’s surveillance apparatus to solve domestic crimes, it was only a matter of time before it was used for just that.

And again, they called us conspiracy theorists for believing that. And again, we were right all long. A while back, we noted a report showing that the “sneak-and-peek” provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy. The ACLU of Massachusetts blog Privacy SOS explains why this is important: What does this rule change mean for you? In short, domestic law enforcement officials now have access to huge troves of American communications, obtained without warrants, that they can use to put people in cages. FBI agents don’t need to have any “national security” related reason to plug your name, email address, phone number, or other “selector” into the NSA’s gargantuan data trove. They can simply poke around in your private information in the course of totally routine investigations. And if they find something that suggests, say, involvement in illegal drug activity, they can send that information to local or state police. That means information the NSA collects for purposes of so-called “national security” will be used by police to lock up ordinary Americans for routine crimes.

Anybody who knows anything about how governments work, should not surprised. You can’t give them any kind of power, and expect them to use it responsibly. You can’t give them any stipulations. Eventually they’ll find a legal loophole to work around any limitations that have been placed on them. In other news, the Pentagon admitted this week that they’ve been deploying military drones over the United States for domestic surveillance purposes. Much like the NSA’s surveillance apparatus, we were assured that drones were for terrorists in faraway lands. Nothing so Orwellian would ever be used against ordinary American citizens at home. Yet here we are, with more to come.

Does the NSA really operate a vast database that allows its analysts to sift through millions of records showing nearly everything a user does on the Internet, as was recently reported? Yes, and people should stop worrying and learn to love it, according former NSA chief Gen. Michael Hayden. Last week, the Guardian published a series of leaked documents revealing new details about an NSA surveillance program called XKEYSCORE. The newspaper said that the program enabled the agency to “search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals,” and secret slides dated 2008 showed how people could be deemed a target for searching the Web for “suspicious stuff” or by using encryption. Following the disclosures, Hayden appeared on CNN to discuss the agency’s surveillance programs. The general, who directed the NSA from 1999 through 2005, was remarkably candid in his responses to Erin Burnett’s questions about the Guardian’s XKEYSCORE report. Was there any truth to claims that the NSA is sifting through millions of browsing histories and able to collect virtually everything users do on the Internet? “Yeah,” Hayden said. “And it's really good news.”

Not only that, Hayden went further. He revealed that the XKEYSCORE was “a tool that's been developed over the years, and lord knows we were trying to develop similar tools when I was at the National Security Agency.” The XKEYSCORE system, Hayden said, allows analysts to enter a “straight-forward question” into a computer and sift through the “oceans of data” that have been collected as part of foreign intelligence gathering efforts. How this process works was illustrated in the Guardian’s report. Analysts can enter search terms to sift through data and select from a drop-down menu a target’s “foreignness factor,” which is intended to minimize the warrantless surveillance of Americans. However, operating a vast electronic dragnet such as this is far from an exact science, and the NSA’s system of sifting data from the backbone of international Internet networks likely sometimes involves gobbling up information on Americans’ communications and online activity—whether it is done wittingly or not. Indeed, the NSA reportedly only needs to have 51 percent certainty that it is targeting a foreigner. And as leaked secret rules for the surveillance have shown, even if the NSA does “inadvertently” gather Americans’ communications, it can hold on to them if they are deemed valuable for vague “foreign intelligence” purposes or if the communications show evidence of a crime that has occurred or may occur in the future.

In the CNN interview, Hayden described XKEYSCORE as “really quite an achievement” and said that it enabled NSA spies to find the needle in the haystack. But his ardent defense of the system is unlikely to reassure civil liberties advocates. Having Hayden’s support is a rather dubious stamp of approval, particularly because he was responsible for leading the NSA’s illegal warrantless wiretapping program, which was initiated post-9/11 and exposed by the New York Times in 2005. Hayden later went on to lead the CIA from 2006 through 2009, where he oversaw the use of the waterboarding torture technique and the operation of a controversial black-site prison program that was eventually dismantled by President Obama. The former NSA chief retired in 2009, but he has since become a regular media commentator, using a recent column at CNN to blast Snowden for leaking the secret NSA documents and implying that he’d like to see the Guardian journalist Glenn Greenwald prosecuted as a “co-conspirator” for his role reporting the surveillance scoops.

The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.

So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.

Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.

The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”

But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.

There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.

According to SPIEGEL research, United States intelligence agencies have not only targeted Chancellor Angela Merkel's cellphone, but they have also used the American Embassy in Berlin as a listening station. The revelations now pose a serious threat to German-American relations.

Research by SPIEGEL reporters in Berlin and Washington, talks with intelligence officials and the evaluation of internal documents of the US' National Security Agency and other information, most of which comes from the archive of former NSA contractor Edward Snowden, lead to the conclusion that the US diplomatic mission in the German capital has not merely been promoting German-American friendship. On the contrary, it is a nest of espionage. From the roof of the embassy, a special unit of the CIA and NSA can apparently monitor a large part of cellphone communication in the government quarter. And there is evidence that agents based at Pariser Platz recently targeted the cellphone that Merkel uses the most. The NSA spying scandal has thus reached a new level, becoming a serious threat to the trans-Atlantic partnership. The mere suspicion that one of Merkel's cellphones was being monitored by the NSA has led in the past week to serious tensions between Berlin and Washington.

A "top secret" classified NSA document from the year 2010 shows that a unit known as the "Special Collection Service" (SCS) is operational in Berlin, among other locations. It is an elite corps run in concert by the US intelligence agencies NSA and CIA. The secret list reveals that its agents are active worldwide in around 80 locations, 19 of which are in Europe -- cities such as Paris, Madrid, Rome, Prague and Geneva. The SCS maintains two bases in Germany, one in Berlin and another in Frankfurt. That alone is unusual. But in addition, both German bases are equipped at the highest level and staffed with active personnel. The SCS teams predominantly work undercover in shielded areas of the American Embassy and Consulate, where they are officially accredited as diplomats and as such enjoy special privileges. Under diplomatic protection, they are able to look and listen unhindered. They just can't get caught.

1 Historical context 1.1 Origins of clandestine surveillance in the United States (1919–78) 1.2 Mass surveillance in a global context (1988-2000) 1.3 9/11 and its implications on mass surveillance (2001–2009) 1.4 Acceleration of media leaks (2010–present) 2 Summary of NSA surveillance 2.1 Purposes 2.2 Targets 2.3 International cooperation 3 2013 Disclosures by category 3.1 Court Orders, Memos and Policy Documents 3.2 Reports 3.3 Collection and Analysis Programs or Hardware 3.4 Relationships with Corporate Partners 3.5 NSA Databases 3.6 Signals Intelligence Directorates (SIDs) 3.7 Technical Directorates 3.8 Names associated with specific targets 3.9 Uncategorized or insufficiently described codenames. 3.10 GCHQ Operations 3.11 NSA Operations 3.12 NSA Relationships with Foreign Intelligence services 3.13 Unrelated to Edward Snowden 4 Media reports 4.1 Chronology 4.2 Disclosures 4.3 Violation of civil liberties and international law 5 Fallout 5.1 Counter-terrorism and national security 5.2 Impact on foreign relations 5.3 Amash/Conyers Amendment 5.4 Public reaction 5.4.1 Petitions 5.4.2 Protests 6 Media related to the disclosures 7 See also 8 References 9 Further reading

On Sunday, the German publication Der Spiegel revealed new details about secretive hacking—a secretive hacking unit inside the NSA called the Office of Tailored Access Operations, or TAO. The unit was created in 1997 to hack into global communications traffic. Still with us, Jameel Jaffer, deputy legal director of the ACLU, director of the ACLU’s Center for Democracy, and Glenn Greenwald, the journalist who first broke the story about Edward Snowden. Glenn, can you just talk about the revelations in Der Spiegel?

And one of the ways that they’re doing it is that they intercept products in transit, such as if you order a laptop or other forms of Internet routers or servers and the like, they intercept it in transit, open the box, implant the malware, factory-seal it and then send it back to the user. They also exploit weaknesses in Google and YouTube and Yahoo and other services, as well, in order to implant these devices. It’s unclear to what extent, if at all, the companies even know about it, let alone cooperate in it. But what is clear is that they’ve been able to compromise the physical machines themselves, so that it makes no difference what precautions you take in terms of safeguarding the sanctity of your online activity.

But we’ve actually been working, ourselves, on certain stories that should be published soon regarding similar interdiction efforts. And one of the things that I think is so amazing about this, Amy, is that the U.S. government has spent the last three or four years shrilly, vehemently warning the world that Chinese technology companies are unsafe to purchase products from, because they claim the Chinese government interdicts these products and installs surveillance, backdoors and other forms of malware onto the machinery so that when you get them, immediately your privacy is compromised. And they’ve actually driven Chinese firms out of the U.S. market and elsewhere with these kinds of accusations. Congress has convened committees to issue reports making these kind of accusations about Chinese companies. And yet, at the same time, the NSA is doing exactly that which they accuse these Chinese companies of doing. And there’s a real question, which is: Are these warnings designed to steer people away from purchasing Chinese products into the arms of the American industry so that the NSA’s ability to implant these devices becomes even greater, since now everybody is buying American products out of fear that they can no longer buy Chinese products because this will happen to them?

Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials. Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications. The previously undisclosed decision to permit some eavesdropping inside the country without court approval was a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.

But while the interviewer focused on the Skype revelation, I thought the most interesting part was the other claim, “that the National Security Agency already had pre-encryption stage access to email on Outlook.”  Say what??  They can see the plaintext on my computer before I encrypt it? That defeats any/all encryption methods. How could they do that? Bypass Encryption While most outside observers think the NSA’s job is cracking encrypted messages, as the Prism disclosures have shown, the actual mission is simply to read all communications. Cracking codes is a last resort.

The NSA has a history of figuring out how to get to messages before or after they are encrypted. Whether it was by putting keyloggers on keyboards and recording the keystrokes or detecting the images of the characters as they were being drawn on a CRT. Today every desktop and laptop computer has another way for the NSA to get inside. Intel Inside It’s inevitable that complex microprocessors have bugs in them when they ship. When the first microprocessors shipped the only thing you could hope is that the bug didn’t crash your computer. The only way the chip vendor could fix the problem was to physically revise the chip and put out a new version. But computer manufacturers and users were stuck if you had an old chip. After a particularly embarrassing math bug in 1994 that cost Intel $475 million, the company decided to fix the problem by allowing it’s microprocessors to load fixes automatically when your computer starts.

Starting in 1996 with the Intel P6 (Pentium Pro) to today’s P7 chips (Core i7) these processors contain instructions that are reprogrammable in what is called microcode. Intel can fix bugs on the chips by reprogramming a microprocessors microcode with a patch. This patch, called a microcode update, can be loaded into a processor by using special CPU instructions reserved for this purpose. These updates are not permanent, which means each time you turn the computer on, its microprocessor is reset to its built-in microcode, and the update needs to be applied again (through a computer’s BIOS.). Since 2000, Intel has put out 29 microcode updates to their processors. The microcode is distributed by 1) Intel or by 2) Microsoft integrated into a BIOS or 3) as part of a Windows update. Unfortunately, the microcode update format is undocumented and the code is encrypted. This allows Intel to make sure that 3rd parties can’t make unauthorized add-ons to their chips. But it also means that no one can look inside to understand the microcode, which makes it is impossible to know whether anyone is loading a backdoor into your computer.

Fisa court submissions show broad scope of procedures governing NSA's surveillance of Americans' communication• Document one: procedures used by NSA to target non-US persons• Document two: procedures used by NSA to minimise data collected from US persons

Top secret documents submitted to the court that oversees surveillance by US intelligence agencies show the judges have signed off on broad orders which allow the NSA to make use of information "inadvertently" collected from domestic US communications without a warrant.The Guardian is publishing in full two documents submitted to the secret Foreign Intelligence Surveillance Court (known as the Fisa court), signed by Attorney General Eric Holder and stamped 29 July 2009. They detail the procedures the NSA is required to follow to target "non-US persons" under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.

The procedures cover only part of the NSA's surveillance of domestic US communications. The bulk collection of domestic call records, as first revealed by the Guardian earlier this month, takes place under rolling court orders issued on the basis of a legal interpretation of a different authority, section 215 of the Patriot Act.

12 August 1988  Cover, pages 10-12   Somebody's  listening  . . . and they don't give a damn about personal privacy or commercial confidence. Project 415 is a top-secret new global surveillance system. It can tap into a billion calls a year in the UK alone. Inside Duncan Campbell on how spying entered the 21st century . . .  They've got it taped In the booming surveillance industry they spy on whom they wish, when they wish, protected by barriers of secrecy, fortified by billions of pounds worth of high, high technology. Duncan Campbell reports from the United States on the secret Anglo-American plan for a global electronic spy system for the 21st century capable of listening in to most of us most of the time   American, British and Allied intelligence agencies are soon to embark on a massive, billion-dollar expansion of their global electronic surveillance system. According to information given recently in secret to the US Congress, the surveillance system will enable the agencies to monitor and analyse civilian communications into the 21st century. Identified for the moment as Project P415, the system will be run by the US National Security Agency (NSA). But the intelligence agencies of many other countries will be closely involved with the new network, including those from Britain, Australia, Germany and Japan--and, surprisingly, the People's Republic of China. New satellite stations and monitoring centres are to be built around the world, and a chain of new satellites launched, so that NSA and its British counterpart, the Government Communications Headquarters (GCHQ) at Cheltenham, may keep abreast of the burgeoning international telecommunications traffic.

Both the new and existing surveillance systems are highly computerised. They rely on near total interception of international commercial and satellite communications in order to locate the telephone or other messages of target individuals. Last month, a US newspaper, the Cleveland Plain Dealer, revealed that the system had been used to target the telephone calls of a US Senator, Strom Thurmond. The fact that Thurmond, a southern Republican and usually a staunch supporter of the Reagan administration, is said to have been a target has raised fears that the NSA has restored domestic, electronic, surveillance programmes. These were originally exposed and criticised during the Watergate investigations, and their closure ordered by President Carter. After talking to the NSA, Thurmond later told the Plain Dealer that he did not believe the allegation. But Thurmond, a right-wing Republican, may have been unwilling to rock the boat. Staff members of the Permanent Select Committee on Intelligence said that staff were "digging into it" despite the "stratospheric security classification" of all the systems involved. The Congressional officials were first told of the Thurmond interception by a former employee of the Lockheed Space and Missiles Corporation, Margaret Newsham, who now lives in Sunnyvale, California. Newsham had originally given separate testimony and filed a lawsuit concerning corruption and mis-spending on other US government "black" projects. She has worked in the US and Britain for two corporations which manufacture signal intelligence computers, satellites and interception equipment for NSA, Ford Aerospace and Lockheed. Citing a special Executive Order signed by President Reagan. she told me last month that she could not and would not discuss classified information with journalists. But according to Washington sources (and the report in the Plain Dealer, she informed a US Congressman that the Thurmond interception took place at Menwith Hill, and that she p

A secret listening agreement, called UKUSA (UK-USA), assigns parts of the globe to each participating agency. GCHQ at Cheltenham is the co-ordinating centre for Europe, Africa and the Soviet Union (west of the Ural Mountains). The NSA covers the rest of the Soviet Union and most of the Americas. Australia--where another station in the NSA listening network is located in the outback--co-ordinates the electronic monitoring of the South Pacific, and South East Asia.

As someone who has written many books and articles about the agency, I have seldom seen the NSA in such a state. Like a night prowler with a bag of stolen goods suddenly caught in a powerful Klieg light, it now finds itself under the glare of nonstop press coverage, accused of robbing the public of its right to privacy. Despite the standard denials from the agency’s public relations office, the documents outline a massive operation to secretly keep track of everyone’s phone calls on a daily basis – billions upon billions of private records; and another to reroute the pipes going in and out of Google, Apple, Yahoo, and the other Internet giants through Fort Meade – figuratively if not literally. 

But long before Edward Snowden walked out of the NSA with his trove of documents, whistleblowers there had been trying for years to bring attention to the massive turn toward domestic spying that the agency was making.

Without documents to prove their claims, the agency simply dismissed them as falsehoods and much of the mainstream press simply accepted that. “We don’t hold data on U.S. citizens,” Alexander said in a talk at the American Enterprise Institute last summer, by which time he had been serving as the head of the NSA for six years. Director of National Intelligence James Clapper made similar claims. At a hearing of the Senate Intelligence Committee last March, he was asked, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” To which Clapper responded, “No, sir.” The documents released by Snowden, pointing to the nationwide collection of telephone data records and not denied by government officials, prove the responses untrue.

In the interconnected, instantaneous and byte-sized world of internet journalism, both cyber-space and real-time often bend and warp into a self-referential wormhole.

And one of those fascinating wormholes just opened on Twitter as super neo-journalist Glenn Greenwald and 9/11 whistleblower Sibel Edmonds exchanged a series of increasingly vitriolic and accusatory tweets over Edmonds’ latest blog on Boiling Frogs Post:  BFP Breaking News–Omidyar’s PayPal Corporation Said To Be Implicated in Withheld NSA Document. In it, Edmonds claims that Greenwald’s soon-to-be financial partner and backer—PayPal billionaire Pierre Omidyar—was, in effect, a knowing partner with NSA spying and financial data-mining efforts: The 50,000-pages of documents obtained by NSA whistleblower Edward Snowden contain extensive documentation of PayPal Corporation’s partnership and cooperation with the National Security Agency (NSA), according to three NSA veterans.

Once again, Greenwald’s point is well taken. Neither Edmonds nor her interviewees can state as fact that there is anything in the Snowden docs that shows PayPal-NSA cooperation. However, their point is that—given the statement that only 1% of the documents have been released—the apparent trickle of the information from the trove highlights the need for transparency. Particularly if, in fact, there is anything in there that implicates PayPal. In fact, Greenwald doesn’t really challenge the claim of PayPal-NSA cooperation, just the claim that he is covering it up by withholding Snowden docs that implicate PayPal

US intelligence chiefs have confirmed that the National Security Agency has used a "back door" in surveillance law to perform warrantless searches on Americans’ communications.The NSA's collection programs are ostensibly targeted at foreigners, but in August the Guardian revealed a secret rule change allowing NSA analysts to search for Americans' details within the databases.Now, in a letter to Senator Ron Wyden, an Oregon Democrat on the intelligence committee, the director of national intelligence, James Clapper, has confirmed the use of this legal authority to search for data related to “US persons”.

“There have been queries, using US person identifiers, of communications lawfully acquired to obtain foreign intelligence targeting non-US persons reasonably believed to be located outside the United States,” Clapper wrote in the letter, which has been obtained by the Guardian.“These queries were performed pursuant to minimization procedures approved by the Fisa court and consistent with the statute and the fourth amendment.” The legal authority to perform the searches, revealed in top-secret NSA documents provided to the Guardian by Edward Snowden, was denounced by Wyden as a “backdoor search loophole.”Many of the NSA's most controversial programs collect information under the law affected by the so-called loophole. These include Prism, which allows the agency to collect data from Google, Apple, Facebook, Yahoo and other tech companies, and the agency's Upstream program – a huge network of internet cable taps.

Clapper did not say how many warrantless searches had been performed by the NSA. It was not the first time the searches had been confirmed: after the Snowden leaks, the office of the director of national intelligence declassified documents that discussed the rule change. But Clapper's letter drew greater attention to the issue.Confirmation that the NSA has searched for Americans’ communications in its phone call and email databases complicates President Barack Obama’s initial defenses of the broad surveillance in June.“When it comes to telephone calls, nobody is listening to your telephone calls. That’s not what this program’s about,” Obama said. “As was indicated, what the intelligence community is doing is looking at phone numbers and durations of calls. They are not looking at people’s names, and they’re not looking at content.”Obama was referring specifically to the bulk collection of US phone records, but his answer misleadingly suggested that the NSA could not examine Americans’ phone calls and emails.