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Paul Merrell

French and Spanish intelligence aided NSA spying - report - RT News - 0 views

  • Electronic surveillance which the European media and politicians blamed on the NSA was also carried out by their own intelligence services, as part of a wide-ranging allied security effort, according to US officials. European spy agencies collected phone records in war zones and areas outside their borders and shared information with the NSA, US officials said on Tuesday, as part of wider efforts to protect allied soldiers and civilians, according to a report in the Wall Street Journal. This is a markedly different version of events to what has been reported in Europe and throws up questions about the level of European involvement in global surveillance.
  • However, these efforts are separate to the US program which targeted foreign leaders, including Angela Merkel. There has so far been no comment from either the French or Spanish authorities or from the NSA.
  • But James Clapper, the director of National Intelligence said that the notion that the NSA had eavesdropped on the phone calls of 70 million French citizens was false and that the allegations were based on “inaccurate and misleading information regarding US foreign intelligence activities.” But he didn’t provide any other explanation. US intelligence officials have, according to the Wall Street Journal, privately said that the disclosures by the European press put them in a difficult position. They are keen to put the record straight but to do so would expose the activities of their allies’ intelligence activities. US officials also say that the leaked documents that the Le Monde story was based on were not supplied by the NSA, but rather were NSA data received from French intelligence. The US reached the conclusion that the phone records the French had collected were from outside France and were then shared with the NSA. There was a similar story for the documents citied in El Mundo, the officials said. There are considerable diplomatic sensitivities of outing partner services, which the NSA relies on for a considerable amount of intelligence. A public exposure of European complicity may spark domestic outrage in Europe and threaten co-operation with the US in future.
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    Finger-pointing by the U.S. Intelligence Community is good news, a strong sign that the Western nation's surveillance conspiracy is fragmenting. When one defendant blames another, their front is no longer united. 
Paul Merrell

NSA contracted French cyber-firm for hacking help - RT USA - 0 views

  • The latest revelation regarding the National Security Agency doesn't come courtesy of Edward Snowden. A Freedom of Information Act request has confirmed the NSA contracted a French company that makes its money by hacking into computers. It's no secret that the United States government relies on an arsenal of tactics to gather intelligence and wage operations against its adversaries, but a FOIA request filed by Muckrock's Heather Akers-Healy has confirmed that the list of Uncle Sam's business partners include Vupen, a French-based security company that specializes in selling secret codes used to crack into computers. Documents responsive to my request to #NSA for contracts with VUPEN, include 12/month exploit subscription https://t.co/x3qJbqSUpa — Heather Akers-Healy (@abbynormative) September 16, 2013 Muckrock published on Monday a copy of a contract between the NSA and Vupen in which the US government is shown to have ordered a one-year subscription to the firm's “binary analysis and exploits service” last September.
  • That service, according to the Vupen website, is sold only to government entities, law enforcement agencies and computer response teams in select countries, and provides clients with access to so-called zero-day exploits: newly-discovered security vulnerabilities that the products' manufacturers have yet to discover and, therefore, have had zero days to patch-up. “Major software vendors such as Microsoft and Adobe usually take 6 to 9 months to release a security patch for a critical vulnerability affecting their products, and this long delay between the discovery of a vulnerability and the release of a patch creates a window of exposure during which criminals can rediscover a previously reported but unpatched vulnerability, and target any organization running the vulnerable software,” Vupen says elsewhere on their website. Last year, Vupen researchers successfully cracked Google's Chrome browser, but declined to show developers how they did so — even for an impressive cash bounty. “We wouldn’t share this with Google for even $1 million,” Vupen CEO Chaouki Bekrar told Forbes' Andy Greenberg of the Chrome hack in 2012. “We don’t want to give them any knowledge that can help them in fixing this exploit or other similar exploits. We want to keep this for our customers.”
  • And why the NSA and other clients may benefit from being privy to these vulnerabilities, knowing how to exploit security holes in adversarial systems is a crucial component to any government's offensive cyber-operations. Last month, the Washington Post published excerpts from the previously secretive “black budget,” a closely guarded ledger listing the funding requests made by America's intelligence community provided by NSA leaker Edward Snowden. According to that document, a substantial goal of the US in fiscal year 2013 was to use a portion of $52.6 billion in secretive funding towards improving offensive cyber-operations.
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  • The portion of the contract obtained by Muckrock where the cost of the subscription is listed has been redacted, but a Vupen hacker who spoke to Greenberg last year said deals in the five-figures wasn't uncommon. "People seem surprised to discover that major government agencies are acquiring Vupen's vulnerability intelligence," Bekrar wrote in an email to Information Week's Matthew Schwartz after the NSA contract with his signature was published. "There is no news here, governments need to leverage the most detailed and advanced vulnerability research to protect their infrastructures and citizens against adversaries." Critics of Vupen and its competitors see government-waged cyber-operations in a different light, however. Christopher Soghoian of the American Civil Liberties Union's Speech, Privacy and Technology Project has spoken outright against companies that sell exploits and have equated the computer codes being sold for big money as a new sort of underground arms trade fueling an international, online battle. To Greenberg last year, Soghoian described Vupen as  a “modern-day merchant of death” selling “the bullets for cyberwar," and upon publishing of the NSA contract called the company a “cyber weapon merchant.” The NSA is a customer of French 0-day cyber weapon merchant VUPEN, FOIA docs reveal: (via @ramdac & @MuckRockNews) https://t.co/OPJ82miK3c — Christopher Soghoian (@csoghoian) September 16, 2013
Paul Merrell

New Snowden docs show U.S. spied during G20 in Toronto - Politics - CBC News - 0 views

  • Top secret documents retrieved by U.S. whistleblower Edward Snowden show that Prime Minister Stephen Harper's government allowed the largest American spy agency to conduct widespread surveillance in Canada during the 2010 G8 and G20 summits.
  • The briefing notes, stamped "Top Secret," show the U.S. turned its Ottawa embassy into a security command post during a six-day spying operation by the National Security Agency while U.S. President Barack Obama and 25 other foreign heads of government were on Canadian soil in June of 2010. The covert U.S. operation was no secret to Canadian authorities.
  • Notably, the secret NSA briefing document describes part of the U.S. eavesdropping agency's mandate at the Toronto summit as "providing support to policymakers." Documents previously released by Snowden, a former NSA contractor who has sought and received asylum in Russia, suggested that support at other international gatherings included spying on the foreign delegations to get an unfair advantage in any negotiations or policy debates at the summit. It was those documents that first exposed the spying on world leaders at the London summit. More recently, Snowden's trove of classified information revealed Canada's eavesdropping agency had hacked into phones and computers in the Brazilian government's department of mines, a story that touched off a political firestorm both in that country and in Ottawa.
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  • The secret documents do not reveal the precise targets of so much espionage by the NSA — and possibly its Canadian partner — during the Toronto summit. But both the U.S. and Canadian intelligence agencies have been implicated with their British counterpart in hacking the phone calls and emails of foreign politicians and diplomats attending the G20 summit in London in 2009 — a scant few months before the Toronto gathering of the same world leaders.
  • The spying at the Toronto summit in 2010 fits a pattern of economic and political espionage by the powerful U.S. intelligence agency and its partners such as Canada. That espionage was conducted to secure meeting sites and protect leaders against terrorist threats posed by al-Qaeda but also to forward the policy goals of the United States and Canada. The G20 summit in Toronto had a lot on its agenda that would have been of acute interest to the NSA and Canada.
  • The world was still struggling to climb out of the great recession of 2008. Leaders were debating a wide array of possible measures including a global tax on banks, an idea strongly opposed by both the U.S. and Canadian governments. That notion was eventually scotched. The secret NSA documents list all the main agenda items for the G20 in Toronto — international development, banking reform, countering trade protectionism, and so on — with the U.S. snooping agency promising to support "U.S. policy goals." Whatever the intelligence goals of the NSA during the Toronto summit, international security experts question whether the NSA spying operation at the G20 in Toronto was even legal.
  • "If CSEC tasked NSA to conduct spying activities on Canadians within Canada that CSEC itself was not authorized to take, then I am comfortable saying that would be an unlawful undertaking by CSEC," says Craig Forcese, an expert in national security at University of Ottawa's faculty of law. By law, CSEC cannot target anyone in Canada without a warrant, including world leaders and foreign diplomats at a G20 summit. But, the Canadian eavesdropping agency is also prohibited by international agreement from getting the NSA to do the spying or anything that would be illegal for CSEC.
  • The NSA warns the more likely security threat would come from "issue-based extremists" conducting acts of vandalism. They got that right. Protest marches by about 10,000 turned the Toronto G20 into an historic melee of arrests by more than 20,000 police in what would become one of the largest and most expensive security operations in Canadian history. By the time the tear gas had cleared and the investigations were complete, law enforcement agencies stood accused of mass-violations of civil rights. Add to that dubious legacy illegal spying by an American intelligence agency with the blessing of the Canadian government.
Paul Merrell

The NSA Is Building the Country's Biggest Spy Center (Watch What You Say) | Threat Leve... - 0 views

    • Paul Merrell
       
      There goes the neighborhood; the Feds are moving in. 
  • In the process—and for the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret.
  • According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.
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  • as a 2007 Department of Defense report puts it, the Pentagon is attempting to expand its worldwide communications network, known as the Global Information Grid, to handle yottabytes (1024 bytes) of data. (A yottabyte is a septillion bytes—so large that no one has yet coined a term for the next higher magnitude.) It needs that capacity because, according to a recent report by Cisco, global Internet traffic will quadruple from 2010 to 2015, reaching 966 exabytes per year. (A million exabytes equal a yottabyte.
  • The data stored in Bluffdale will naturally go far beyond the world’s billions of public web pages. The NSA is more interested in the so-called invisible web, also known as the deep web or deepnet—data beyond the reach of the public. This includes password-protected data, US and foreign government communications, and noncommercial file-sharing between trusted peers.
  • The broad outlines of the so-called warrantless-wiretapping program have long been exposed—how the NSA secretly and illegally bypassed the Foreign Intelligence Surveillance Court, which was supposed to oversee and authorize highly targeted domestic eavesdropping; how the program allowed wholesale monitoring of millions of American phone calls and email. In the wake of the program’s exposure, Congress passed the FISA Amendments Act of 2008, which largely made the practices legal. Telecoms that had agreed to participate in the illegal activity were granted immunity from prosecution and lawsuits. What wasn’t revealed until now, however, was the enormity of this ongoing domestic spying program. For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail.
  • one of the deepest secrets of the Stellar Wind program—again, never confirmed until now—was that the NSA gained warrantless access to AT&T’s vast trove of domestic and international billing records, detailed information about who called whom in the US and around the world. As of 2007, AT&T had more than 2.8 trillion records housed in a database at its Florham Park, New Jersey, complex. Verizon was also part of the program
  • the NSA succeeded in building an even faster supercomputer. “They made a big breakthrough,” says another former senior intelligence official, who helped oversee the program. The NSA’s machine was likely similar to the unclassified Jaguar, but it was much faster out of the gate, modified specifically for cryptanalysis and targeted against one or more specific algorithms, like the AES.
  • The breakthrough was enormous, says the former official, and soon afterward the agency pulled the shade down tight on the project, even within the intelligence community and Congress. “Only the chairman and vice chairman and the two staff directors of each intelligence committee were told about it,” he says. The reason? “They were thinking that this computing breakthrough was going to give them the ability to crack current public encryption.”
  • But the real competition will take place in the classified realm. To secretly develop the new exaflop (or higher) machine by 2018, the NSA has proposed constructing two connecting buildings, totaling 260,000 square feet, near its current facility on the East Campus of Oak Ridge. Called the Multiprogram Computational Data Center,
  • n the meantime Cray is working on the next step for the NSA, funded in part by a $250 million contract with the Defense Advanced Research Projects Agency. It’s a massively parallel supercomputer called Cascade, a prototype of which is due at the end of 2012. Its development will run largely in parallel with the unclassified effort for the DOE and other partner agencies. That project, due in 2013, will upgrade the Jaguar XT5 into an XK6, codenamed Titan, upping its speed to 10 to 20 petaflops.
Paul Merrell

Brazil Looks to Break from U.S.-Centric Internet | TIME.com - 0 views

  • Brazil plans to divorce itself from the U.S.-centric Internet over Washington’s widespread online spying, a move that many experts fear will be a potentially dangerous first step toward fracturing a global network built with minimal interference by governments. President Dilma Rousseff ordered a series of measures aimed at greater Brazilian online independence and security following revelations that the U.S. National Security Agency intercepted her communications, hacked into the state-owned Petrobras oil company’s network and spied on Brazilians who entrusted their personal data to U.S. tech companies such as Facebook and Google. The leader is so angered by the espionage that on Tuesday she postponed next month’s scheduled trip to Washington, where she was to be honored with a state dinner. Internet security and policy experts say the Brazilian government’s reaction to information leaked by former NSA contractor Edward Snowden is understandable, but warn it could set the Internet on a course of Balkanization.
  • “The global backlash is only beginning and will get far more severe in coming months,” said Sascha Meinrath, director of the Open Technology Institute at the Washington-based New America Foundation think tank. “This notion of national privacy sovereignty is going to be an increasingly salient issue around the globe.” While Brazil isn’t proposing to bar its citizens from U.S.-based Web services, it wants their data to be stored locally as the nation assumes greater control over Brazilians’ Internet use to protect them from NSA snooping. The danger of mandating that kind of geographic isolation, Meinrath said, is that it could render inoperable popular software applications and services and endanger the Internet’s open, interconnected structure.
  • The effort by Latin America’s biggest economy to digitally isolate itself from U.S. spying not only could be costly and difficult, it could encourage repressive governments to seek greater technical control over the Internet to crush free expression at home, experts say. In December, countries advocating greater “cyber-sovereignty” pushed for such control at an International Telecommunications Union meeting in Dubai, with Western democracies led by the United States and the European Union in opposition.
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  • Rousseff says she intends to push for international rules on privacy and security in hardware and software during the U.N. General Assembly meeting later this month. Among Snowden revelations: the NSA has created backdoors in software and Web-based services. Brazil is now pushing more aggressively than any other nation to end U.S. commercial hegemony on the Internet. More than 80 percent of online search, for example, is controlled by U.S.-based companies. Most of Brazil’s global Internet traffic passes through the United States, so Rousseff’s government plans to lay underwater fiber optic cable directly to Europe and also link to all South American nations to create what it hopes will be a network free of U.S. eavesdropping.
  • More communications integrity protection is expected when Telebras, the state-run telecom company, works with partners to oversee the launch in 2016 of Brazil’s first communications satellite, for military and public Internet traffic. Brazil’s military currently relies on a satellite run by Embratel, which Mexican billionaire Carlos Slim controls. Rousseff is urging Brazil’s Congress to compel Facebook, Google and all companies to store data generated by Brazilians on servers physically located inside Brazil in order to shield it from the NSA. If that happens, and other nations follow suit, Silicon Valley’s bottom line could be hit by lost business and higher operating costs: Brazilians rank No. 3 on Facebook and No. 2 on Twitter and YouTube. An August study by a respected U.S. technology policy nonprofit estimated the fallout from the NSA spying scandal could cost the U.S. cloud computing industry, which stores data remotely to give users easy access from any device, as much as $35 billion by 2016 in lost business.
  • Brazil also plans to build more Internet exchange points, places where vast amounts of data are relayed, in order to route Brazilians’ traffic away from potential interception. And its postal service plans by next year to create an encrypted email service that could serve as an alternative to Gmail and Yahoo!, which according to Snowden-leaked documents are among U.S. tech giants that have collaborated closely with the NSA. “Brazil intends to increase its independent Internet connections with other countries,” Rousseff’s office said in an emailed response to questions from The Associated Press on its plans. It cited a “common understanding” between Brazil and the European Union on data privacy, and said “negotiations are underway in South America for the deployment of land connections between all nations.” It said Brazil plans to boost investment in home-grown technology and buy only software and hardware that meet government data privacy specifications.
  • While the plans’ technical details are pending, experts say they will be costly for Brazil and ultimately can be circumvented. Just as people in China and Iran defeat government censors with tools such as “proxy servers,” so could Brazilians bypass their government’s controls. International spies, not just from the United States, also will adjust, experts said. Laying cable to Europe won’t make Brazil safer, they say. The NSA has reportedly tapped into undersea telecoms cables for decades. Meinrath and others argue that what’s needed instead are strong international laws that hold nations accountable for guaranteeing online privacy.
  • “There’s nothing viable that Brazil can really do to protect its citizenry without changing what the U.S. is doing,” he said. Matthew Green, a Johns Hopkins computer security expert, said Brazil won’t protect itself from intrusion by isolating itself digitally. It will also be discouraging technological innovation, he said, by encouraging the entire nation to use a state-sponsored encrypted email service. “It’s sort of like a Soviet socialism of computing,” he said, adding that the U.S. “free-for-all model works better.”
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    So both Brazil and the European Union are planning to boycott the U.S.-based cloud industry, seizing on the NSA's activities as legal grounds. Under the various GATT series of trade agreements, otherwise forbidden discriminatory actions taken that restrict trade in aid of national security are exempt from redress through the World Trade Organization Dispute Resolution Process. So the NSA voyeurs can add legalizing economic digital discrimination against the U.S. to its score card.
Paul Merrell

NSA Spying Relies on AT&T's 'Extreme Willingness to Help' - ProPublica - 0 views

  • he National Security Agency’s ability to spy on vast quantities of Internet traffic passing through the United States has relied on its extraordinary, decades-long partnership with a single company: the telecom giant AT&T. While it has been long known that American telecommunications companies worked closely with the spy agency, newly disclosed NSA documents show that the relationship with AT&T has been considered unique and especially productive. One document described it as “highly collaborative,” while another lauded the company’s “extreme willingness to help.”
  • AT&T’s cooperation has involved a broad range of classified activities, according to the documents, which date from 2003 to 2013. AT&T has given the NSA access, through several methods covered under different legal rules, to billions of emails as they have flowed across its domestic networks. It provided technical assistance in carrying out a secret court order permitting the wiretapping of all Internet communications at the United Nations headquarters, a customer of AT&T. The NSA’s top-secret budget in 2013 for the AT&T partnership was more than twice that of the next-largest such program, according to the documents. The company installed surveillance equipment in at least 17 of its Internet hubs on American soil, far more than its similarly sized competitor, Verizon. And its engineers were the first to try out new surveillance technologies invented by the eavesdropping agency. One document reminds NSA officials to be polite when visiting AT&T facilities, noting: “This is a partnership, not a contractual relationship.” The documents, provided by the former agency contractor Edward Snowden, were jointly reviewed by The New York Times and ProPublica.
  • It is not clear if the programs still operate in the same way today. Since the Snowden revelations set off a global debate over surveillance two years ago, some Silicon Valley technology companies have expressed anger at what they characterize as NSA intrusions and have rolled out new encryption to thwart them. The telecommunications companies have been quieter, though Verizon unsuccessfully challenged a court order for bulk phone records in 2014. At the same time, the government has been fighting in court to keep the identities of its telecom partners hidden. In a recent case, a group of AT&T customers claimed that the NSA’s tapping of the Internet violated the Fourth Amendment protection against unreasonable searches. This year, a federal judge dismissed key portions of the lawsuit after the Obama administration argued that public discussion of its telecom surveillance efforts would reveal state secrets, damaging national security.
Paul Merrell

NSA Spies on 500 Million German Data Connections - SPIEGEL ONLINE - 0 views

  • America's National Security Agency (NSA) is apparently spying on Germany more than previously believed. Secret documents from the US intelligence service, which have been viewed by SPIEGEL journalists, reveal that the NSA systematically monitors and stores a large share of the country's telephone and Internet connection data. Internal NSA statistics indicate that the agency stores data from around half a billion communications connections in Germany each month. This data includes telephone calls, emails, mobile-phone text messages and chat transcripts. The metadata -- or information about which call or data connections were made and when -- is then stored at the NSA's headquarters in Fort Meade, near Washington, DC.
  • The documents show for the first time the scope of American surveillance in Germany. Previously, it had only been clear that Germany had been one of the major targets of NSA spying. A map published by the Guardian shows that Germany is on a par with targets such as China, Iraq and Saudi Arabia in terms of the intensity of electronic snooping. For weeks now, new details have emerged from documents collected by whistleblower Edward Snowden about the NSA's Prism and Britain's Tempora digital spying programs. The statistics, which SPIEGEL has also seen, show that data is collected from Germany on normal days for up to 20 million telephone calls and 10 million Internet data exchanges. Last Christmas Eve, it collected data on around 13 million phone calls and about half as many online exchanges. On the busiest days, such as January 7 of this year, the information gathered spiked to nearly 60 million communication connections under surveillance.
  • The NSA, it turns out, is more active in Germany than in any other of the EU's 27 member states. By comparison, during the same time frame, the Americans only recorded data on an average of 2 million connections in France each day. The documents also show that the NSA is primarily interested in important Internet hubs in southern and western Germany. Frankfurt, for example, plays an important role in the global Internet infrastructure, and the city is listed as a central base for the country. One top secret document also states that while Germany may be a partner, it is still also a target of the NSA's electronic snooping. According to the document, Germany is a so-called "3rd party foreign partner." The only countries that are explicitly excluded from spying attacks are Australia, Canada, New Zealand and the UK. "We can, and often do, target the signals of most 3d party foreign partners," a slide from an internal presentation states.
Paul Merrell

Glassholes: A Mini NSA on Your Face, Recorded by the Spy Agency | Global Research - 0 views

  • eOnline reports: A new app will allow total strangers to ID you and pull up all your information, just by looking at you and scanning your face with their Google Glass. The app is called NameTag and it sounds CREEPY. The “real-time facial recognition” software “can detect a face using the Google Glass camera, send it wirelessly to a server, compare it to millions of records, and in seconds return a match complete with a name, additional photos and social media profiles.” The information listed could include your name, occupation, any social media profiles you have set up and whether or not you have a criminal record (“CRIMINAL HISTORY FOUND” pops up in bright red letters according to the demo).
  • Since the NSA is tapping into all of our digital communications, it is not unreasonable to assume that all of the info from your digital glasses – yup, everything – may be recorded by the spy agency. Are we going to have millions of mini NSAs walking around recording everything … glassholes? It doesn’t help inspire confidence that America’s largest police force and Taser are beta-testing Google Glasses. Postscript: I love gadgets and tech, and previously discussed the exciting possibilities of Google Glasses. But the NSA is ruining the fun, just like it’s harming U.S. Internet business.
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    Thankfully, there's buddying technology to block computer facial-recognition algorithms. http://tinyurl.com/mzfyfra On the other hand, used Hallowe'en masks can usually be purchased inexpensively from some nearby school kids at this time of year. Now if I could just put together a few near-infrared LEDs to fry a license plate-scanner's view ...  
Paul Merrell

Angela Merkel under pressure to reveal all about US spying agreement | World news | The... - 0 views

  • Angela Merkel’s reputation as an unassailable chancellor is under threat amid mounting pressure for her to reveal how much she knew about a German-supported US spying operation on European companies and officials. The onus on her government to deliver answers over the spying scandal has only increased with the Austrian government’s announcement that it has filed a legal complaint against an unnamed party over “covert intelligence to the detriment of Austria”. EADS, now Airbus, one of the companies known to have been spied on by the BND – Germany’s foreign intelligence agency – is also taking legal action, saying it will file a complaint with prosecutors in Germany. The BND stands accused of spying on behalf of America’s NSA on European companies such as EADS, as well as the French presidency and the EU commission. There are also suspicions that German government workers and journalists were spied on.
  • The Social Democrats (SPD), Merkel’s government partners, along with Germany’s federal public prosecutor, Harald Range, are demanding the release of a list of “selectors” – 40,000 search terms used in the spying operations – the results of which were passed on to the NSA. “The list must be published and only then is clarification possible,” said Christine Lambrecht, parliamentary head of the SPD faction. Merkel has so far refused to allow its release. Her spokesman, Steffen Seibert, said she would make a decision on whether or not to do so only “once consultations with the American partners are completed”. Thomas de Maizière, the interior minister and a close Merkel confidante, is under even more pressure than the chancellor over allegations he lied about what he knew of BND/NSA cooperation. On Wednesday he answered questions on the affair to a parliamentary committee investigating the row, but only in camera and in a bug-proof room. Among other alleged shortcomings over the affair, he stands accused of failing to act when the BND informed him of the espionage activities in 2008 when he was Merkel’s chief of staff. He has repeatedly been portrayed in the tabloid media with a Pinocchio nose.
  • While Merkel appeared to have remained relatively unscathed by the scandal until now, an opinion poll showed that most Germans believed the trustworthiness of the three-times chancellor was now seriously at stake. 62% of Germans said her credibility was in doubt, according to the poll, carried out by the Insa institute, while 18% said it was not. Merkel told Radio Bremen in an interview that she was prepared to speak out over the allegations to a parliamentary committee. “I will testify there and justify myself to them where it is required,” she told the broadcaster.
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  • Sigmar Gabriel, the deputy chancellor and economy minister, who is also the leader of the SPD, upped the ante still further by relaying a conversation he had with Merkel in which he asked her twice if the government had evidence of economic espionage, and she said no. He added that if it emerged Germany had been involved in helping the NSA spy on companies, it would greatly strain relations between business and the government and “put a large burden on the trust the economy has in government behaviour”.
  • The scandal has already strained relations within Merkel’s grand coalition, with many observers commenting that Gabriel was seeing the affair as a chance to make political gains. Political observers were lining up to remark that the crisis is the single most critical of Merkel’s decade in government and could even lead to her and her government’s downfall.
  • But the scandal has its roots much further back than Merkel’s own government, harking to a time when Europe was gripped by the cold war. Both the US and the UK, as victors of the second world war who had Germany under close supervision, ran spying networks from Germany, most notably from Bad Aibling in Bavaria, the biggest listening station outside the US and Britain. Officially, the US withdrew its operations in 2004. But unofficially it stayed there under an agreement in which Germany agreed to hand over its intelligence findings in return for the highly sophisticated technology the US was able to provide. The events of 9/11 and the revelations that three of the pilots had lived in Germany undetected only served to increase the pressure the US was able to put on Germany that its presence was necessary. Bad Aibling, officially now solely a BND listening facility, was the post used by the NSA in the current scandal.
  • The affair has underlined just how dependent Germany still is on the US and to a lesser extent the UK, on issues of intelligence and defence. Their desire for still-closer cooperation culminated in Operation Monkey Shoulder (named after a blend of three different types of malt whiskys) involving the BND, NSA and MI6, Spiegel recently revealed. With such a background, the German government has to appear to be criticising the US at the same time as underlining the importance of cooperation. Merkel, who appeared to be hugely at odds with the US government when it was revealed in 2013 that the NSA’s mass intelligence operation included tapping her mobile phone, has so far responded in a characteristically vague and flat manner. While acknowledging that allies should not spy on each other, she has stressed that spying’s most important role is to prevent terrorist attacks. “The government will do everything to guarantee the ability of the intelligence services,” she said on Monday. “Taking terrorist threats into account, that ability is only possible in cooperation with other agencies. That very much includes the NSA, as well as others.”
  • Commenting on the crisis, Spiegel magazine called it the “biggest challenge that the ‘Merkel Regime’ has had to face”, and potentially the “turning point of her chancellorship”. “She enjoys such trust because many Germans feel she looks after the country’s needs and their own very well. But the scandal … could cause the foundations of her power to crumble,” the magazine said.
Paul Merrell

Angry Birds and 'leaky' phone apps targeted by NSA and GCHQ for user data | World news ... - 0 views

  • The National Security Agency and its UK counterpart GCHQ have been developing capabilities to take advantage of "leaky" smartphone apps, such as the wildly popular Angry Birds game, that transmit users' private information across the internet, according to top secret documents.The data pouring onto communication networks from the new generation of iPhone and Android apps ranges from phone model and screen size to personal details such as age, gender and location. Some apps, the documents state, can share users' most sensitive information such as sexual orientation – and one app recorded in the material even sends specific sexual preferences such as whether or not the user may be a swinger.Many smartphone owners will be unaware of the full extent this information is being shared across the internet, and even the most sophisticated would be unlikely to realise that all of it is available for the spy agencies to collect
  • Dozens of classified documents, provided to the Guardian by whistleblower Edward Snowden and reported in partnership with the New York Times and ProPublica, detail the NSA and GCHQ efforts to piggyback on this commercial data collection for their own purposes.Scooping up information the apps are sending about their users allows the agencies to collect large quantities of mobile phone data from their existing mass surveillance tools – such as cable taps, or from international mobile networks – rather than solely from hacking into individual mobile handsets. Exploiting phone information and location is a high-priority effort for the intelligence agencies, as terrorists and other intelligence targets make substantial use of phones in planning and carrying out their activities, for example by using phones as triggering devices in conflict zones. The NSA has cumulatively spent more than $1bn in its phone targeting efforts.The disclosures also reveal how much the shift towards smartphone browsing could benefit spy agencies' collection efforts.
  • Depending on what profile information a user had supplied, the documents suggested, the agency would be able to collect almost every key detail of a user's life: including home country, current location (through geolocation), age, gender, zip code, marital status – options included "single", "married", "divorced", "swinger" and more – income, ethnicity, sexual orientation, education level, and number of children.The agencies also made use of their mobile interception capabilities to collect location information in bulk, from Google and other mapping apps. One basic effort by GCHQ and the NSA was to build a database geolocating every mobile phone mast in the world – meaning that just by taking tower ID from a handset, location information could be gleaned.A more sophisticated effort, though, relied on intercepting Google Maps queries made on smartphones, and using them to collect large volumes of location information.So successful was this effort that one 2008 document noted that "[i]t effectively means that anyone using Google Maps on a smartphone is working in support of a GCHQ system."
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  • One slide from a May 2010 NSA presentation on getting data from smartphones – breathlessly titled "Golden Nugget!" – sets out the agency's "perfect scenario": "Target uploading photo to a social media site taken with a mobile device. What can we get?"The question is answered in the notes to the slide: from that event alone, the agency said it could obtain a "possible image", email selector, phone, buddy lists, and "a host of other social working data as well as location".
  • The latest disclosures could also add to mounting public concern about how the technology sector collects and uses information, especially for those outside the US, who enjoy fewer privacy protections than Americans. A January poll for the Washington Post showed 69% of US adults were already concerned about how tech companies such as Google used and stored their information.The documents do not make it clear how much of the information that can be taken from apps is routinely collected, stored or searched, nor how many users may be affected. The NSA says it does not target Americans and its capabilities are deployed only against "valid foreign intelligence targets".The documents do set out in great detail exactly how much information can be collected from widely popular apps. One document held on GCHQ's internal Wikipedia-style guide for staff details what can be collected from different apps. Though it uses Android apps for most of its examples, it suggests much of the same data could be taken from equivalent apps on iPhone or other platforms.The GCHQ documents set out examples of what information can be extracted from different ad platforms, using perhaps the most popular mobile phone game of all time, Angry Birds – which has reportedly been downloaded more than 1.7bn times – as a case study.
  • Other apps choose to transmit much more data, meaning the agency could potentially net far more. One mobile ad platform, Millennial Media, appeared to offer particularly rich information. Millennial Media's website states it has partnered with Rovio on a special edition of Angry Birds; with Farmville maker Zynga; with Call of Duty developer Activision, and many other major franchises.
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    Don't miss the linked companion articles at New York Times and ProPublica. 
Paul Merrell

How NSA Mass Surveillance is Hurting the US Economy | Electronic Frontier Foundation - 0 views

  • Privacy may not be the only casualty of the National Security Agency’s massive surveillance program. Major sectors of the US economy are reporting financial damage as the recent revelations shake consumer confidence and US trade partners distance themselves from companies that may have been compromised by the NSA or, worse, are secretly collaborating with the spy agency. Member of Congress, especially those who champion America’s competitiveness in the global marketplace, should take note and rein in the NSA now if they want to stem the damage.
  • The fallout may worsen. One study released shortly after the first Edward Snowden leaks said the economy would lose $22 to $35 billion in the next three years. Another study by Forrester said the $35 billion estimate was too low and pegged the real loss figure around $180 billion for the US tech industry by 2016.
  • Members of Congress who care about the US economy should take note: the companies losing their competitive edge due to NSA surveillance are mainstream economic drivers. Just as their constituents are paying attention, so are the customers who vote with their dollars. As Sen. Ron Wyden remarked last month, “If a foreign enemy was doing this much damage to the economy, people would be in the streets with pitchforks.”
Paul Merrell

NSA is after industrial spying - Snowden to German TV - RT News - 0 views

  • The NSA agency is not preoccupied solely with national security, but also spies on foreign industrial entities in US business interests, former American intelligence contractor, Edward Snowden, has revealed in an interview to German TV. Edward Snowden chose the German ARD broadcaster to make his first TV interview ever since he became a whistleblower. The interview was made in strict secrecy in an unspecified location in Russia, where Snowden is currently living under temporary asylum. “There is no question that the US is engaged in economic spying,” said Snowden. If an industrial giant like Siemens has something that the NSA believes “would be beneficial to the national interests, not the national security, of the United States, they will go after that information and they'll take it,” the whistleblower said, giving an example.
  • The Germans - according to polls – have lost confidence in the US as a trustworthy partner, and the majority of them consider NSA whistleblower Edward Snowden a hero.
  • In order to mend fences, US President Barack Obama made a rare appearance on German TV. On January 18 President Obama told the ZDF TV channel that “As long as I'm president of the United States, the chancellor of Germany will not have to worry about this.” Yet Germany remains skeptical about US promises of discontinuing spying on foreign leaders, and is in the vanguard of a number of European countries aiming to change data privacy rules in the EU. Former NSA contractor, Edward Snowden, remains in Russia, where his temporary political asylum status could be extended every year. He has no plans for returning to the US where he would face trial for alleged treason.
Paul Merrell

Israeli Drone Feeds Hacked By British and American Intelligence - 0 views

  • MERICAN AND BRITISH INTELLIGENCE secretly tapped into live video feeds from Israeli drones and fighter jets, monitoring military operations in Gaza, watching for a potential strike against Iran, and keeping tabs on the drone technology Israel exports around the world. Under a classified program code-named “Anarchist,” the U.K.’s Government Communications Headquarters, or GCHQ, working with the National Security Agency, systematically targeted Israeli drones from a mountaintop on the Mediterranean island of Cyprus. GCHQ files provided by former NSA contractor Edward Snowden include a series of “Anarchist snapshots” — thumbnail images from videos recorded by drone cameras. The files also show location data mapping the flight paths of the aircraft. In essence, U.S. and British agencies stole a bird’s-eye view from the drones.
  • Several of the snapshots, a subset collected in 2009 and 2010, appear to show drones carrying missiles. Although they are not clear enough to be conclusive, the images offer rare visual evidence to support reports that Israel flies attack drones — an open secret that the Israeli government won’t acknowledge. “There’s a good chance that we are looking at the first images of an armed Israeli drone in the public domain,” said Chris Woods, author of Sudden Justice, a history of drone warfare. “They’ve gone to extraordinary lengths to suppress information on weaponized drones.” The Intercept is publishing a selection of the drone snapshots in an accompanying article.
  • Additionally, in 2012, a GCHQ analyst reported “regular collects of Heron TP carrying weapons,” referring to a giant drone made by the state-owned Israel Aerospace Industries, known as IAI. Anarchist operated from a Royal Air Force installation in the Troodos Mountains, near Mount Olympus, the highest point on Cyprus. The Troodos site “has long been regarded as a ‘Jewel in the Crown’ by NSA as it offers unique access to the Levant, North Africa, and Turkey,” according to an article from GCHQ’s internal wiki. Last August, The Intercept published a portion of a GCHQ document that revealed that NSA and GCHQ tracked weapons signals from Troodos, and earlier reporting on the Snowden documents indicated that the NSA targeted Israeli drones and an Israeli missile system for tracking, but the details of the operations have not been previously disclosed. “This access is indispensable for maintaining an understanding of Israeli military training and operations and thus an insight to possible future developments in the region,” a GCHQ report from 2008 enthused. “In times of crisis this access is critical and one of the only avenues to provide up to the minute information and support to U.S. and Allied operations in the area.”
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  • The documents highlight the conflicted relationship between the United States and Israel and U.S. concerns about Israel’s potentially destabilizing actions in the region. The two nations are close counterterrorism partners, and have a memorandum of understanding, dating back to 2009, that allows Israel access to raw communications data collected by the NSA. Yet they are nonetheless constantly engaged in a game of spy versus spy. Last month, the Wall Street Journal reported that, although President Obama had pledged to stop spying on friendly heads of state, the White House carved out an exception for Israeli Prime Minister Benjamin Netanyahu and other top Israeli officials. Michael Hayden, former head of the CIA and NSA, told the Journal that the intelligence relationship with Israel was “the most combustible mixture of intimacy and caution that we have.”
Paul Merrell

Snowden obtained nearly 2 million classified files in NSA leak - Pentagon report - RT USA - 0 views

  • Edward Snowden downloaded 1.7 million intelligence files from US agencies, the most secrets ever to be stolen from the US government in a single instance in the nation’s history, according to lawmakers who have viewed a classified Pentagon report.
  • “This is straight from the government’s playbook,” Wizner said. “Remember, the government told the Supreme Court that publication of the Pentagon Papers would cause grave danger to national security. That was not true then, and this report is not true now. Overblown claims of national security rarely stand the test of time.” Sources came forward in August, two months after the press began reporting Snowden’s leaks, to admit that authorities were unsure exactly how many documents Snowden obtained. Two anonymous officials told NBC News at the time that the NSA was using poor compartmentalization techniques - meaning that Snowden, an IT systems administrator, was able to freely comb through agency networks containing a wide range of data. NSA Director Keith Alexander said in August that the government knew what Snowden had taken, while the NBC sources in fact said the NSA was “overwhelmed” with trying to find out the details. Alexander said in an October speech that the documents were “being put out in a way that does the maximum damage to NSA and our nation.” He also told the audience that Snowden had far fewer documents to reporters than this week’s Pentagon report described. “I wish there was a way to prevent it,” he told a Baltimore, Maryland crowd. “Snowden has shared somewhere between 50,000 and 200,000 documents with reporters. These will continue to come out.”
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    The seizure of all devices containing data by UK officials from David Miranda, Glenn Greenwald's partner, under dubious authority of an anti-terrorism statute, tends to show that NSA and GCHA in fact do not know how many -- or which -- documents Snowden acquired. I am extremely dubious of this 1.7 million documents claim. IIRC, Greenwald said at some point that he had been given about 50K documents.  
Paul Merrell

The NSA's New Partner in Spying: Saudi Arabia's Brutal State Police - The Intercept - 1 views

  • The National Security Agency last year significantly expanded its cooperative relationship with the Saudi Ministry of Interior, one of the world’s most repressive and abusive government agencies. An April 2013 top secret memo provided by NSA whistleblower Edward Snowden details the agency’s plans “to provide direct analytic and technical support” to the Saudis on “internal security” matters. The Saudi Ministry of Interior—referred to in the document as MOI— has been condemned for years as one of the most brutal human rights violators in the world. In 2013, the U.S. State Department reported that “Ministry of Interior officials sometimes subjected prisoners and detainees to torture and other physical abuse,” specifically mentioning a 2011 episode in which MOI agents allegedly “poured an antiseptic cleaning liquid down [the] throat” of one human rights activist. The report also notes the MOI’s use of invasive surveillance targeted at political and religious dissidents.
  • But as the State Department publicly catalogued those very abuses, the NSA worked to provide increased surveillance assistance to the ministry that perpetrated them.
  • “With the approval of the Third Party SIGINT relationship,” the memo reports, the NSA “intends to provide direct analytic and technical support to TAD.” The goal is “to facilitate the Saudi government’s ability to utilize SIGINT to locate and track individuals of mutual interest within Saudi Arabia.”
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  • The National Security Agency last year significantly expanded its cooperative relationship with the Saudi Ministry of Interior, one of the world’s most repressive and abusive government agencies. An April 2013 top secret memo provided by NSA whistleblower Edward Snowden details the agency’s plans “to provide direct analytic and technical support” to the Saudis on “internal security” matters. The Saudi Ministry of Interior—referred to in the document as MOI— has been condemned for years as one of the most brutal human rights violators in the world. In 2013, the U.S. State Department reported that “Ministry of Interior officials sometimes subjected prisoners and detainees to torture and other physical abuse,” specifically mentioning a 2011 episode in which MOI agents allegedly “poured an antiseptic cleaning liquid down [the] throat” of one human rights activist. The report also notes the MOI’s use of invasive surveillance targeted at political and religious dissidents. But as the State Department publicly catalogued those very abuses, the NSA worked to provide increased surveillance assistance to the ministry that perpetrated them. The move is part of the Obama Administration’s increasingly close ties with the Saudi regime; beyond the new cooperation with the MOI, the memo describes “a period of rejuvenation” for the NSA’s relationship with the Saudi Ministry of Defense. In general, U.S. support for the Saudi regime is long-standing. One secret 2007 NSA memo lists Saudi Arabia as one of four countries where the U.S. “has [an] interest in regime continuity.”
Paul Merrell

Germany Fires Verizon Over NSA Spying - 0 views

  • Germany announced Thursday it is canceling its contract with Verizon Communications over concerns about the role of U.S. telecom corporations in National Security Agency spying. “The links revealed between foreign intelligence agencies and firms after the N.S.A. affair show that the German government needs a high level of security for its essential networks,” declared Germany’s Interior Ministry in a statement released Thursday. The Ministry said it is engaging in a communications overhaul to strengthen privacy protections as part of the process of severing ties with Verizon. The announcement follows revelations, made possible by NSA whistleblower Edward Snowden, that Germany is a prime target of NSA spying. This includes surveillance of German Chancellor Angela Merkel’s mobile phone communications, as well as a vast network of centers that secretly collect information across the country. Yet, many have accused Germany of being complicit in NSA spying, in addition to being targeted by it. The German government has refused to grant Snowden political asylum, despite his contribution to the public record about U.S. spying on Germany.
Paul Merrell

Shady Companies With Ties to Israel Wiretap the U.S. for the NSA | Threat Level | Wired... - 0 views

  • In addition to constructing the Stellar Wind center, and then running the operation, secretive contractors with questionable histories and little oversight were also used to do the actual bugging of the entire U.S. telecommunications network. According to a former Verizon employee briefed on the program, Verint, owned by Comverse Technology, taps the communication lines at Verizon, which I first reported in my book The Shadow Factory in 2008. Verint did not return a call seeking comment, while Verizon said it does not comment on such matters. At AT&T the wiretapping rooms are powered by software and hardware from Narus, now owned by Boeing, a discovery made by AT&T whistleblower Mark Klein in 2004. Narus did not return a call seeking comment. What is especially troubling is that both companies have had extensive ties to Israel, as well as links to that country’s intelligence service, a country with a long and aggressive history of spying on the U.S.
  • In fact, according to Binney, the advanced analytical and data mining software the NSA had developed for both its worldwide and international eavesdropping operations was secretly passed to Israel by a mid-level employee, apparently with close connections to the country. The employee, a technical director in the Operations Directorate, “who was a very strong supporter of Israel,” said Binney, “gave, unbeknownst to us, he gave the software that we had, doing these fast rates, to the Israelis.” Because of his position, it was something Binney should have been alerted to, but wasn’t. “In addition to being the technical director,” he said, “I was the chair of the TAP, it’s the Technical Advisory Panel, the foreign relations council. We’re supposed to know what all these foreign countries, technically what they’re doing…. They didn’t do this that way, it was under the table.” After discovering the secret transfer of the technology, Binney argued that the agency simply pass it to them officially, and in that way get something in return, such as access to communications terminals. “So we gave it to them for switches,” he said. “For access.”
  • But Binney now suspects that Israeli intelligence in turn passed the technology on to Israeli companies who operate in countries around the world, including the U.S. In return, the companies could act as extensions of Israeli intelligence and pass critical military, economic and diplomatic information back to them. “And then five years later, four or five years later, you see a Narus device,” he said. “I think there’s a connection there, we don’t know for sure.” Narus was formed in Israel in November 1997 by six Israelis with much of its money coming from Walden Israel, an Israeli venture capital company. Its founder and former chairman, Ori Cohen, once told Israel’s Fortune Magazine that his partners have done technology work for Israeli intelligence. And among the five founders was Stanislav Khirman, a husky, bearded Russian who had previously worked for Elta Systems, Inc. A division of Israel Aerospace Industries, Ltd., Elta specializes in developing advanced eavesdropping systems for Israeli defense and intelligence organizations. At Narus, Khirman became the chief technology officer.
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  • A few years ago, Narus boasted that it is “known for its ability to capture and collect data from the largest networks around the world.” The company says its equipment is capable of “providing unparalleled monitoring and intercept capabilities to service providers and government organizations around the world” and that “Anything that comes through [an Internet protocol network], we can record. We can reconstruct all of their e-mails, along with attachments, see what Web pages they clicked on, we can reconstruct their [Voice over Internet Protocol] calls.” Like Narus, Verint was founded by in Israel by Israelis, including Jacob “Kobi” Alexander, a former Israeli intelligence officer. Some 800 employees work for Verint, including 350 who are based in Israel, primarily working in research and development and operations, according to the Jerusalem Post. Among its products is STAR-GATE, which according to the company’s sales literature, lets “service providers … access communications on virtually any type of network, retain communication data for as long as required, and query and deliver content and data …” and was “[d]esigned to manage vast numbers of targets, concurrent sessions, call data records, and communications.”
  • In a rare and candid admission to Forbes, Retired Brig. Gen. Hanan Gefen, a former commander of the highly secret Unit 8200, Israel’s NSA, noted his former organization’s influence on Comverse, which owns Verint, as well as other Israeli companies that dominate the U.S. eavesdropping and surveillance market. “Take NICE, Comverse and Check Point for example, three of the largest high-tech companies, which were all directly influenced by 8200 technology,” said Gefen. “Check Point was founded by Unit alumni. Comverse’s main product, the Logger, is based on the Unit’s technology.”
  • According to a former chief of Unit 8200, both the veterans of the group and much of the high-tech intelligence equipment they developed are now employed in high-tech firms around the world. “Cautious estimates indicate that in the past few years,” he told a reporter for the Israeli newspaper Ha’artez in 2000, “Unit 8200 veterans have set up some 30 to 40 high-tech companies, including 5 to 10 that were floated on Wall Street.” Referred to only as “Brigadier General B,” he added, “This correlation between serving in the intelligence Unit 8200 and starting successful high-tech companies is not coincidental: Many of the technologies in use around the world and developed in Israel were originally military technologies and were developed and improved by Unit veterans.
  • Equally troubling is the issue of corruption. Kobi Alexander, the founder and former chairman of Verint, is now a fugitive, wanted by the FBI on nearly three dozen charges of fraud, theft, lying, bribery, money laundering and other crimes. And two of his top associates at Comverse, Chief Financial Officer David Kreinberg and former General Counsel William F. Sorin, were also indicted in the scheme and later pleaded guilty, with both serving time in prison and paying millions of dollars in fines and penalties. When asked about these contractors, the NSA declined to “verify the allegations made.”
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    So, allegedly a Zionist working in NSA passed NSA's telecommunications data mining software to Israel, was identified, but was never prosecuted. And the Verint CEO is now a fugitive from justice on charges of "fraud, theft, lying, money laundering, and other crimes." What's not to like in having this company processing all of our telephone metadata?
Paul Merrell

Missouri house bans cellphone tracking without a warrant, 134-13 | Tenth Amendment Cent... - 0 views

  • Yesterday, the Missouri house overwhelmingly approved a bill to ban the obtaining of cellphone location tracking information without a warrant. House Bill 1388 (HB1388) prohibits use of such information in civil or criminal proceedings, and even bans its use as “an affidavit of probable cause in an effort to obtain a search warrant.” Introduced by Rep. Robert Cornejo, the measure passed by a vote of 134-13. HB1388 will not only add a key protection to bolster the privacy rights of Missourians from potential local abuse, it will also end some practical effects of unconstitutional data gathering by the federal government. NSA collects, stores, and analyzes data on countless millions of people without a warrant, and without even the mere suspicion of criminal activity. The NSA tracks the physical location of people through their cellphones. In late 2013, the Washington Post reported that NSA is “gathering nearly 5 billion records a day on the whereabouts of cellphones around the world.” This includes location data on “tens of millions” of Americans each year – without a warrant. Through fusion centers, state and local law enforcement act as “information recipients” to various federal departments under Information Sharing Environment (ISE). ISE partners include the Office of Director of National Intelligence, which is an umbrella covering 17 federal agencies and organizations, including the NSA.
  • The NSA expressly shares warrantless data with state and local law enforcement through a super-secret DEA unit known as the Special Operations Division (SOD). That information is being used for criminal prosecutions. Reuters reported that most of this shared data has absolutely nothing to do with national security issues. Most of it involves routine criminal investigations. In short – banning state government entities in Missouri from obtaining phone location tracking information without a warrant will block them from receiving that kind of information from federal agencies who routinely collect it without warrant. HB1388 is part of a package of bills designed to thwart the surveillance state being considered in the Missouri legislature this year.  SB819 would deny compliance and material support from the state to the NSA as long as they continue their unconstitutional spying programs. SJR27 would amend the Missouri State Constitution to protect residents’ electronic data from warrantless searches. HB1388 now moves to the State Senate where it will first be assigned to a committee for approval before the full senate has an opportunity to send it to Gov. Nixon’s desk for a signature.
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Gary Edwards

About the Reuters article | Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

  • (just incidentally, the notion that a government that has spent the last decade invading, bombing, torturing, rendering, kidnapping, imprisoning without charges, droning, partnering with the worst dictators and murderers, and targeting its own citizens for assassination would be above such conduct is charmingly quaint
  • three points in this La Nacion interview, all of which are true and none of which has anything remotely to do with threats:
  • 1) The oft-repeated claim that Snowden's intent is to harm the US is completely negated by the reality that he has all sorts of documents that could quickly and seriously harm the US if disclosed, yet he has published none of those.
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  • If his intent were to harm the US, he could have sold all the documents he had for a great deal of money, or indiscriminately published them, or passed them to a foreign adversary. He did none of that.
  • The overwhelming majority of his disclosures were to blow the whistle on US government deceit and radical, hidden domestic surveillance.
  • 2) The US government has acted with wild irrationality. The current criticism of Snowden is that he's in Russia. But the reason he's in Russia isn't that he chose to be there. It's because the US blocked him from leaving: first by revoking his passport (with no due process or trial), then by pressuring its allies to deny airspace rights to any plane they thought might be carrying him to asylum (even one carrying the democratically elected president of a sovereign state), then by bullying small countries out of letting him land for re-fueling.
  • Given the extraordinary amount of documents he has and their sensitivity, I pointed out in the interview that it is incredibly foolish for the US government to force him to remain in Russia.
  • 3) I was asked whether I thought the US government would take physical action against him if he tried to go to Latin America or even force his plane down. That's when I said that doing so would be completely counter-productive given that - as has been reported before - such an attack could easily result in far more disclosures than allowing us as journalists to vet and responsibly report them, as we've doing.
  • As a result of the documents he has, I said in the interview, the US government should be praying for his safety, not threatening or harming it.
  • Compare the attention paid to Snowden's asylum drama and alleged personality traits to the attention paid to the disclosures about mass, indiscriminate NSA spying. Or compare the media calls that Snowden (and others who worked to expose mass NSA surveillance) be treated like a criminal to the virtually non-existent calls that Director of National Intelligence James Clapper be treated like a criminal for lying to Congress.
  • This "threat" fiction is just today's concoction to focus on anything but the revelations about US government lying to Congress and constitutionally and legally dubious NSA spying.
  • this only happens in the US: everywhere else, the media attention and political focus is on NSA surveillance, while US media figures are singularly obsessed with focusing on everything but that.
  • Yesterday, it was something else, and tomorrow it will be something else again.
  • There are all sorts of ways that Snowden could have chosen to make these documents be public. He chose the most responsible way possible: coming to media outlets and journalists he trusted and asking that they be reported on responsibly.
  • The effort to depict him as some sort of malicious traitor is completely negated by the facts. That was the point of the interview.
  •  
    Excellent explanation by Glenn Greenwald. intro: Like everything in the matter of these NSA leaks, this interview is being wildly distorted to attract attention away from the revelations themselves. It's particularly being seized on to attack Edward Snowden and, secondarily, me, for supposedly "blackmailing" and "threatening" the US government. That is just absurd. That Snowden has created some sort of "dead man's switch" - whereby documents get released in the event that he is killed by the US government - was previously reported weeks ago, and Snowden himself has strongly implied much the same thing. That doesn't mean he thinks the US government is attempting to kill him - he doesn't - just that he's taken precautions against all eventualities, including that one (just incidentally, the notion that a government that has spent the last decade invading, bombing, torturing, rendering, kidnapping, imprisoning without charges, droning, partnering with the worst dictators and murderers, and targeting its own citizens for assassination would be above such conduct is charmingly quaint).
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