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Paul Merrell

NSA Whistleblower: Snowden Never Had Access to the "Juiciest" Intelligence Documents | ... - 0 views

www.globalresearch.ca/...5386231

surveillance state NSA Snowden-documents NSA-domestic-surveillance Tice must-read

shared by Paul Merrell on 11 Jun 14 - No Cached
  • NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:
  • He says the NSA started spying on President Obama when he was a candidate for Senate:
  • Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.
  • ...8 more annotations...
  • NSA Has Hidden Its Most Radical Surveillance Operations … Even from People Like Snowden Who Had General “Code Word” Clearance WASHINGTON’S BLOG: Glenn Greenwald – supposedly, in the next couple of days or weeks – is going to disclose, based on NSA documents leaked by Snowden, that the NSA is spying on all sorts of normal Americans … and that the spying is really to crush dissent.  [Background here, here and here.] Does Snowden even have documents which contain the information which you’ve seen? RUSSELL TICE:  The answer is no. WASHINGTON’S BLOG: So you saw handwritten notes. And what Snowden was seeing were electronic files …?
  • RUSSELL TICE: Think of it this way.  Remember I told you about the NSA doing everything they could to make sure that the information from 40 years ago – from spying on Frank Church and Lord knows how many other Congressman that they were spying on – was hidden? Now do you think they’re going to put that information into Powerpoint slides that are easy to explain to everybody what they’re doing? They would not even put their own NSA designators on the reports [so that no one would know that] it came from the NSA.  They made the reports look like they were Humint (human intelligence) reports.  They did it to hide the fact that they were NSA and they were doing the collection. That’s 40 years ago.  [The NSA and other agencies are still doing "parallel construction", "laundering" information to hide the fact that the information is actually from mass NSA surveillance.] Now, what NSA is doing right now is that they’re taking the information and they’re putting it in a much higher security level.  It’s called “ECI” - Exceptionally Controlled Information  – and it’s called the black program … which I was a specialist in, by the way. I specialized in black world – DOD and IC (Intelligence Community) – programs, operations and missions … in “VRKs”, “ECIs”, and “SAPs”, “STOs”. SAP equals Special Access Program. It’s highly unlikely Mr. Snowden had any access to these. STO equals Special Technical Operations  It’s highly unlikely Mr. Snowden had any access to these.
  • Now in that world – the ECI/VRK world – everything in that system is classified at a higher level and it has its own computer systems that house it.  It’s totally separate than the system which Mr. Snowden was privy to, which was called the “JWICS”: Joint Worldwide Intelligence Communications System.  The JWICS system is what everybody at NSA has access to.  Mr Snowden had Sys Admin [systems administrator] authority for the JWICS. And you still have to have TS/SCI clearance [i.e. Top Secret/ Sensitive Compartmented Information - also known as “code word” - clearance] to get on the JWICS. But the ECI/VRK systems are much higher [levels of special compartmentalized clearance] than the JWICS. And you have to be in the black world to get that [clearance]. ECI = Exceptionally Controlled Information. I do not believe Mr. Snowden had any access to these ECI controlled networks). VRK = Very Restricted Knowledge. I do not believe Mr. Snowden had any access to these VRK controlled networks. These programs typically have, at the least, a requirement of 100 year or until death, ’till the person first being “read in” [i.e. sworn to secrecy as part of access to the higher classification program] can talk about them.  [As an interesting sidenote, the Washington Times reported in 2006 that – when Tice offered to testify to Congress about this illegal spying – he was informed by the NSA that the Senate and House intelligence committees were not cleared to hear such information.]
  • It’s very compartmentalized and – even with stuff that they had – you might have something at NSA, that there’s literally 40 people at NSA that know that it’s going on in the entire agency. When the stuff came out in the New York Times [the first big spying story, which broke in 2005] – and I was a source of information for the New York Times –   that’s when President Bush made up that nonsense about the “terrorist surveillance program.” By the way, that never existed. That was made up. There was no such thing beforehand. It was made up … to try to placate the American people. The NSA IG (Inspector General) – who was not cleared for this – all of a sudden is told he has to do an investigation on this; something he has no information or knowledge of. So what they did, is they took a few documents and they downgraded [he classification level of the documents] – just a few – and gave them to them to placate this basic whitewash investigation.
  • Snowden’s Failure To Understand the Most Important Documents RUSSELL TICE: Now, if Mr. Snowden were to find the crossover, it would be those documents that were downgraded to the NSA’s IG. The stuff that I saw looked like a bunch of alphanumeric gobbledygook.  Unless you have an analyst to know what to look for – and believe me, I think that what Snowden’s done is great – he’s not an intelligence analyst.  So he would see something like that, and he wouldn’t know what he’s looking at. But that would be “the jewels”. And the key is, you wouldn’t know it’s the jewels unless you were a diamond miner and you knew what to look for. Because otherwise, there’s a big lump of rock and you don’t know there’s a diamond in there. I worked special programs. And the way I found out is that I was working on a special operation, and I needed information from NSA … from another unit. And when I went to that unit and I said “I need this information”, and I dealt with [satellite spy operations], and I did that in the black world. I was a special operations officer. I would literally go do special missions that were in the black world where I would travel overseas and do spooky stuff.
  • Cheney Was Running the Show WASHINGTON’S BLOG: You said in one of your interviews that Dick Cheney ordered the intercepts that you found in the burn bags [the bags of documents which were slated to be destroyed because they were so sensitive]. Is that right … and if so, how do you know that? RUSSELL TICE: I did not know one way or the other until I talked to a very senior person at NSA who – much later – wanted to have a meeting with me. And we had a covert, clandestine style meeting. And that’s when this individual told me that the whole thing was being directed and was coming from the vice president’s office … Cheney, through his lawyer David Addington. WASHINGTON’S BLOG:  It sounds like it wasn’t going through normal routes?  It’s not like Cheney or Addington made formal requests to the NSA … through normal means? RUSSELL TICE: No, not normal at all. All on the sly … all “sneaky pete” under the table, in the evening when most NSA employees are gone for the day. This is all being done in the evenings … between like 7 [at night] and midnight.
  • NSA Is Spying On CONTENT as Well as Metadata WASHINGTON’S BLOG: And from what you and others have said, it’s content as well as metadata? RUSSELL TICE: Of course it is. Of course. [Background. But see this.] NSA Spying On Journalists, Congress, Admirals, Lawyers … RUSSELL TICE: In 2009, I told [reporters] that they were going after journalists and news organizations and reporters and such. I never read text of Congressman’s conversations. What I had was information – sometimes hand-written – of phone numbers of Congressmen, their wives, their children, their staffers, their home numbers, their cellphone numbers, their phone numbers of their residence back in Oregon or whatever state they’re from, and their little offices back in their state. Or an Admiral and his wife, and his kids and his staffers …
  • The main thing I saw more than anything else were lawyers and law firms. I saw more lawyers or law firms being wiretapped than anything else. These are the phone numbers I saw written. And then I would see those numbers incorporated into those lists with the columns of information about the phone number, and the serial number and the banks of recorders and digital converters and the data storage devices. I could see handwritten phone numbers and notes, sometimes with names, sometimes not.
  • Paul Merrell on 11 Jun 14
     
    Whistleblower Russell Tice says that there are super-classified domestic surveillance records that Edward Snowden, Congressional oversight committees, and the NSA Inspector-General did not have access to. Must-read.
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

www.huffingtonpost.com/...sa-porn-muslims_n_4346128.html

surveillance state NSA NSA-porn COINTELPRO FBI must-read

shared by Paul Merrell on 28 Nov 13 - No Cached
  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
  • Paul Merrell on 28 Nov 13
     
    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
  • Paul Merrell on 28 Nov 13
     
    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

Lawmaker Says There More To NSA Spying - Business Insider - 0 views

www.businessinsider.com/here-more-to-nsa-spying-2013-6

surveillance state NSA future-disclosures

shared by Paul Merrell on 04 Jul 13 - No Cached
  • A House Democrat said information revealed about the National Security Agency's secret surveillance programs are "the tip of the iceberg," Daniel Strauss of The Hill reports. "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too," Rep. Loretta Sanchez (D-Calif.) told C-SPAN's "Washington Journal" after a classified briefing with national security officials. Rep. Joe Barton (R-Texas), who also attended the meeting, said that the NSA "violated the spirit of the law when it started collecting data from everyone in the country just because technology now makes that possible.” Barton added that "in America ... You don’t target everyone and violate their 4th Amendment rights just because of a handful of threats. But that is exactly what is happening at the NSA ... it is wrong and it needs to stop now.” More from Sanchez: "I don't know if there are other leaks, if there's more information somewhere, if somebody else is going to step up, but I will tell you that I believe it's the tip of the iceberg."
  • A House Democrat said information revealed about the National Security Agency's secret surveillance programs are "the tip of the iceberg," Daniel Strauss of The Hill reports. "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too," Rep. Loretta Sanchez (D-Calif.) told C-SPAN's "Washington Journal" after a classified briefing with national security officials. Rep. Joe Barton (R-Texas), who also attended the meeting, said that the NSA "violated the spirit of the law when it started collecting data from everyone in the country just because technology now makes that possible.” Barton added that "in America ... You don’t target everyone and violate their 4th Amendment rights just because of a handful of threats. But that is exactly what is happening at the NSA ... it is wrong and it needs to stop now.”
  • Glenn Greenwald of the Guardian, who has served as a conduit for Snowden's leaks, recently said that there will me many more "significant revelations that have not yet been heard." Greenwald told The New York Times that he received “thousands” of classified documents — “dozens” of which are newsworthy — from the the 29-year-old ex-Booz Allen employee who was contracted by the NSA. Sanchez said that what lawmakers learned "is significantly more than what is out in the media today," which is interesting when considering previous reports by journalists and whistleblowers.
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  • Here's a rundown of the reports and the allegations: In 2006 NSA insiders told Leslie Cauley of USA Today that the NSA has been collecting almost all U.S. phone records since shortly after 9/11. In 2010 Dana Priest and William Arkin of The Washington Post reported that "collection systems at the [NSA] intercept and store 1.7 billion emails, phone calls, and other types of communications" every day. According to a 2007 lawsuit, Verizon built a fiber optic cable to give the "access to all communications flowing through the carrier’s operations center." In April 2012 Wired's James Bamford reported how the U.S. government hired two secretive Israeli companies to wiretap AT&T. AT&T engineer Mark Klein discovered the "secret room" at AT&T central office in San Francisco, through which the NSA actively "vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T" through the wiretapping rooms, emphasizing that "much of the data sent through AT&T to the NSA was purely domestic." Former NSA executive and whistleblower Thomas Drake testified that the NSA is using Israeli-made hardware to "seize and save all personal electronic communications."
  • A classified program called Prism, leaked by Snowden, appears to acquire information from the servers of nine of the biggest internet companies. The Washington Post reported that the government's orders "serve as one-time blanket approvals for data acquisition and surveillance on selected foreign targets for periods of as long as a year." NSA Whistleblower William Binney that the NSA began using the program he built (i.e. ThinThread) to use communications data for creating, in real time, profiles of nearly all Americans so that the government is "able to monitor what people are doing" and who they are doing it with. In July the Foreign Intelligence Surveillance Court (FISC), established to "hear applications for and grant orders approving electronic surveillance," found that the NSA violated the Fourth Amendment's restriction against unreasonable searches and seizures "on at least one occasion." BONUS: In March CIA Chief Technology Officer Ira "Gus" Hunt said: "It is really very nearly within our grasp to be able to compute on all human generated information." If there is "significantly more" to the NSA's domestic snooping, then we're all ears and eyes.
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

www.blacklistednews.com/...M.html

NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden Tyranny-by-Executive-Order spying

shared by Gary Edwards on 20 Aug 13 - No Cached
  • Gary Edwards on 20 Aug 13
     
    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Gary Edwards

XKeyscore: NSA tool collects 'nearly everything a user does on the internet' | World ne... - 1 views

www.theguardian.com/...top-secret-program-online-data

Edward-Snowden Glenn-Greenwald NSA NSA-Patriot-Act-NDAA NSA-Whistleblower

shared by Gary Edwards on 01 Aug 13 - No Cached
  • The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
  • The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10
  • "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
  • ...23 more annotations...
  • US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
  • But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
  • XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
  • Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
  • Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets.
  • But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
  • One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
  • The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
  • Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
  • One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
  • Email monitoring
  • One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
  • To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
  • One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications.
  • Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
  • Chats, browsing history and other internet activity
  • Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
  • An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
  • The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
  • The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
  • William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
  • The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
  • "The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
  • Gary Edwards on 01 Aug 13
     
    "One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One
  • Paul Merrell on 02 Aug 13
     
    "But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.
Paul Merrell

How the NSA Plans to Infect 'Millions' of Computers with Malware - The Intercept - 0 views

firstlook.org/...ect-millions-computers-malware

surveillance state NSA GCHQ NSA-methods malware

shared by Paul Merrell on 13 Mar 14 - No Cached
  • Top-secret documents reveal that the National Security Agency is dramatically expanding its ability to covertly hack into computers on a mass scale by using automated systems that reduce the level of human oversight in the process. The classified files – provided previously by NSA whistleblower Edward Snowden – contain new details about groundbreaking surveillance technology the agency has developed to infect potentially millions of computers worldwide with malware “implants.” The clandestine initiative enables the NSA to break into targeted computers and to siphon out data from foreign Internet and phone networks. The covert infrastructure that supports the hacking efforts operates from the agency’s headquarters in Fort Meade, Maryland, and from eavesdropping bases in the United Kingdom and Japan. GCHQ, the British intelligence agency, appears to have played an integral role in helping to develop the implants tactic.
  • The NSA began rapidly escalating its hacking efforts a decade ago. In 2004, according to secret internal records, the agency was managing a small network of only 100 to 150 implants. But over the next six to eight years, as an elite unit called Tailored Access Operations (TAO) recruited new hackers and developed new malware tools, the number of implants soared to tens of thousands. To penetrate foreign computer networks and monitor communications that it did not have access to through other means, the NSA wanted to go beyond the limits of traditional signals intelligence, or SIGINT, the agency’s term for the interception of electronic communications. Instead, it sought to broaden “active” surveillance methods – tactics designed to directly infiltrate a target’s computers or network devices. In the documents, the agency describes such techniques as “a more aggressive approach to SIGINT” and says that the TAO unit’s mission is to “aggressively scale” these operations. But the NSA recognized that managing a massive network of implants is too big a job for humans alone.
  • “One of the greatest challenges for active SIGINT/attack is scale,” explains the top-secret presentation from 2009. “Human ‘drivers’ limit ability for large-scale exploitation (humans tend to operate within their own environment, not taking into account the bigger picture).” The agency’s solution was TURBINE. Developed as part of TAO unit, it is described in the leaked documents as an “intelligent command and control capability” that enables “industrial-scale exploitation.”
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  • TURBINE was designed to make deploying malware much easier for the NSA’s hackers by reducing their role in overseeing its functions. The system would “relieve the user from needing to know/care about the details,” the NSA’s Technology Directorate notes in one secret document from 2009. “For example, a user should be able to ask for ‘all details about application X’ and not need to know how and where the application keeps files, registry entries, user application data, etc.” In practice, this meant that TURBINE would automate crucial processes that previously had to be performed manually – including the configuration of the implants as well as surveillance collection, or “tasking,” of data from infected systems. But automating these processes was about much more than a simple technicality. The move represented a major tactical shift within the NSA that was expected to have a profound impact – allowing the agency to push forward into a new frontier of surveillance operations. The ramifications are starkly illustrated in one undated top-secret NSA document, which describes how the agency planned for TURBINE to “increase the current capability to deploy and manage hundreds of Computer Network Exploitation (CNE) and Computer Network Attack (CNA) implants to potentially millions of implants.” (CNE mines intelligence from computers and networks; CNA seeks to disrupt, damage or destroy them.)
  • But not all of the NSA’s implants are used to gather intelligence, the secret files show. Sometimes, the agency’s aim is disruption rather than surveillance. QUANTUMSKY, a piece of NSA malware developed in 2004, is used to block targets from accessing certain websites. QUANTUMCOPPER, first tested in 2008, corrupts a target’s file downloads. These two “attack” techniques are revealed on a classified list that features nine NSA hacking tools, six of which are used for intelligence gathering. Just one is used for “defensive” purposes – to protect U.S. government networks against intrusions.
  • The NSA has a diverse arsenal of malware tools, each highly sophisticated and customizable for different purposes. One implant, codenamed UNITEDRAKE, can be used with a variety of “plug-ins” that enable the agency to gain total control of an infected computer. An implant plug-in named CAPTIVATEDAUDIENCE, for example, is used to take over a targeted computer’s microphone and record conversations taking place near the device. Another, GUMFISH, can covertly take over a computer’s webcam and snap photographs. FOGGYBOTTOM records logs of Internet browsing histories and collects login details and passwords used to access websites and email accounts. GROK is used to log keystrokes. And SALVAGERABBIT exfiltrates data from removable flash drives that connect to an infected computer. The implants can enable the NSA to circumvent privacy-enhancing encryption tools that are used to browse the Internet anonymously or scramble the contents of emails as they are being sent across networks. That’s because the NSA’s malware gives the agency unfettered access to a target’s computer before the user protects their communications with encryption. It is unclear how many of the implants are being deployed on an annual basis or which variants of them are currently active in computer systems across the world.
  • Infiltrating cellphone networks, however, is not all that the malware can be used to accomplish. The NSA has specifically tailored some of its implants to infect large-scale network routers used by Internet service providers in foreign countries. By compromising routers – the devices that connect computer networks and transport data packets across the Internet – the agency can gain covert access to monitor Internet traffic, record the browsing sessions of users, and intercept communications. Two implants the NSA injects into network routers, HAMMERCHANT and HAMMERSTEIN, help the agency to intercept and perform “exploitation attacks” against data that is sent through a Virtual Private Network, a tool that uses encrypted “tunnels” to enhance the security and privacy of an Internet session.
  • Eventually, the secret files indicate, the NSA’s plans for TURBINE came to fruition. The system has been operational in some capacity since at least July 2010, and its role has become increasingly central to NSA hacking operations. Earlier reports based on the Snowden files indicate that the NSA has already deployed between 85,000 and 100,000 of its implants against computers and networks across the world, with plans to keep on scaling up those numbers. The intelligence community’s top-secret “Black Budget” for 2013, obtained by Snowden, lists TURBINE as part of a broader NSA surveillance initiative named “Owning the Net.” The agency sought $67.6 million in taxpayer funding for its Owning the Net program last year. Some of the money was earmarked for TURBINE, expanding the system to encompass “a wider variety” of networks and “enabling greater automation of computer network exploitation.”
  • Before it can extract data from an implant or use it to attack a system, the NSA must first install the malware on a targeted computer or network. According to one top-secret document from 2012, the agency can deploy malware by sending out spam emails that trick targets into clicking a malicious link. Once activated, a “back-door implant” infects their computers within eight seconds. There’s only one problem with this tactic, codenamed WILLOWVIXEN: According to the documents, the spam method has become less successful in recent years, as Internet users have become wary of unsolicited emails and less likely to click on anything that looks suspicious. Consequently, the NSA has turned to new and more advanced hacking techniques. These include performing so-called “man-in-the-middle” and “man-on-the-side” attacks, which covertly force a user’s internet browser to route to NSA computer servers that try to infect them with an implant.
  • To perform a man-on-the-side attack, the NSA observes a target’s Internet traffic using its global network of covert “accesses” to data as it flows over fiber optic cables or satellites. When the target visits a website that the NSA is able to exploit, the agency’s surveillance sensors alert the TURBINE system, which then “shoots” data packets at the targeted computer’s IP address within a fraction of a second. In one man-on-the-side technique, codenamed QUANTUMHAND, the agency disguises itself as a fake Facebook server. When a target attempts to log in to the social media site, the NSA transmits malicious data packets that trick the target’s computer into thinking they are being sent from the real Facebook. By concealing its malware within what looks like an ordinary Facebook page, the NSA is able to hack into the targeted computer and covertly siphon out data from its hard drive. A top-secret animation demonstrates the tactic in action.
  • The TURBINE implants system does not operate in isolation. It is linked to, and relies upon, a large network of clandestine surveillance “sensors” that the agency has installed at locations across the world.
  • The NSA’s headquarters in Maryland are part of this network, as are eavesdropping bases used by the agency in Misawa, Japan and Menwith Hill, England. The sensors, codenamed TURMOIL, operate as a sort of high-tech surveillance dragnet, monitoring packets of data as they are sent across the Internet. When TURBINE implants exfiltrate data from infected computer systems, the TURMOIL sensors automatically identify the data and return it to the NSA for analysis. And when targets are communicating, the TURMOIL system can be used to send alerts or “tips” to TURBINE, enabling the initiation of a malware attack. The NSA identifies surveillance targets based on a series of data “selectors” as they flow across Internet cables. These selectors, according to internal documents, can include email addresses, IP addresses, or the unique “cookies” containing a username or other identifying information that are sent to a user’s computer by websites such as Google, Facebook, Hotmail, Yahoo, and Twitter. Other selectors the NSA uses can be gleaned from unique Google advertising cookies that track browsing habits, unique encryption key fingerprints that can be traced to a specific user, and computer IDs that are sent across the Internet when a Windows computer crashes or updates.
  • Documents published with this article: Menwith Hill Station Leverages XKeyscore for Quantum Against Yahoo and Hotmail Five Eyes Hacking Large Routers NSA Technology Directorate Analysis of Converged Data Selector Types There Is More Than One Way to Quantum NSA Phishing Tactics and Man in the Middle Attacks Quantum Insert Diagrams The NSA and GCHQ’s QUANTUMTHEORY Hacking Tactics TURBINE and TURMOIL VPN and VOIP Exploitation With HAMMERCHANT and HAMMERSTEIN Industrial-Scale Exploitation Thousands of Implants
  • Paul Merrell on 13 Mar 14
     
    *Very* long article. Only small portions quoted.
Paul Merrell

NSA shares raw intelligence including Americans' data with Israel | World news | The Gu... - 0 views

www.theguardian.com/...personal-data-israel-documents

security state NSA FISA Court Israel Unit-8200 NSA-records Obama lies

shared by Paul Merrell on 19 Sep 13 - No Cached
  • The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process "minimization", but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.
  • The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies "pertaining to the protection of US persons", repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.But this is undermined by the disclosure that Israel is allowed to receive "raw Sigint" – signal intelligence. The memorandum says: "Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content."According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. "NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection", it says.
  • In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy."Any US person information that is acquired as a result of NSA's surveillance activities is handled under procedures that are designed to protect privacy rights," the spokesperson said.The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.
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  • While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel."Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge," states the report, titled 'History of the US – Israel Sigint Relationship, Post-1992'. "In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA's only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner."
  • In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. "On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems," the official says. "A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US."Later in the document, the official is quoted as saying: "One of NSA's biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended."
  • The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.In its statement, the NSA said: "We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations."NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information."
Gary Edwards

The Impact of NSA Domestic Spying - Business Insider - 0 views

www.businessinsider.com/-of-nsa-domestic-spying-2013-6

NSA Domestic-Spying

shared by Gary Edwards on 06 Jun 13 - No Cached
  • NSA has collected cell records from all major mobile networks.
  • Thanks to AT&T whistleblower Mark Klein and NSA whistleblowers William Binney and Thomas Drake, we know that the NSA has been perpetually amassing not only phone records but virtually all electronic records and communications.
  • As an AT&T engineer, Klein discovered that a special NSA network actively "vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T," emphasizing that "much of the data sent through AT&T to the NSA was purely domestic."
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  • Binney — one of the best mathematicians and code breakers in NSA history — worked for the Defense Department's foreign signals intelligence agency for 32 years before resigning in late 2001 because he "could not stay after the NSA began purposefully violating the Constitution."
  • He's detailed how, ever since 9/11, the NSA has run a top-secret surveillance program that amasses electronic data — phone calls, emails, banking and travel records, social media, entire government databases — and analyzes the information "to be able to monitor what people are doing" and who they are doing it with.
  • Thanks to AT&T whistleblower Mark Klein and NSA whistleblowers William Binney and Thomas Drake, we know that the NSA has been perpetually amassing not only phone records but virtually all electronic records and communications.
  • Binney would know — he built the original software (i.e. ThinThread) that identified, in real time, networks of connections between individuals based on their electronic communications.
  • "I can pull your entire life together from all those domains and map it out and show your entire life over time," Binney told documentarian Laura Poitras while she was investigating the NSA's $2 billion data storage facility in Bluffdale, Utah. "This is something the KGB, the Stasi or the Gestapo would have loved to have had."
  • Binney — one of the best mathematicians and code breakers in NSA history — worked for the Defense Department's foreign signals intelligence agency for 32 years before resigning in late 2001 because he "could not stay after the NSA began purposefully violating the Constitution." He's detailed how, ever since 9/11, the NSA has run a top-secret surveillance program that amasses electronic data — phone calls, GPS information, emails, social media, banking and travel records, entire government databases — and analyzes the information "to be able to monitor what people are doing" and who they are doing it with.
  • Gary Edwards on 06 Jun 13
     
    Excellent coverage.  Follow the links, they are extraordinary. " Glenn Greenwald revealed that the National Security Agency (NSA) is using the so-called "business records" provision of the Patriot Act to secretly collect telephone records of millions of Americans. Although the revelation doesn't surprise privacy advocates, the fact that Greenwald obtained a top secret court order compelling Verizon to give the NSA information on all telephone calls in its systems is the first concrete piece of evidence exposing dragnet domestic surveillance. "
Gary Edwards

» 21 Facts About NSA Snooping That Every American Should Know Alex Jones' Inf... - 0 views

www.infowars.com/hat-every-american-should-know

NSA-Patriot-Act-NDAA NSA-Whistleblower PRISM Echelon-SIGINT

shared by Gary Edwards on 18 Jun 13 - No Cached
  • Gary Edwards on 18 Jun 13
     
    NSA-PRISM-Echelon in a nutshell.  The list below is a short sample.  Each fact is documented, and well worth the time reading. "The following are 21 facts about NSA snooping that every American should know…" #1 According to CNET, the NSA told Congress during a recent classified briefing that it does not need court authorization to listen to domestic phone calls… #2 According to U.S. Representative Loretta Sanchez, members of Congress learned "significantly more than what is out in the media today" about NSA snooping during that classified briefing. #3 The content of all of our phone calls is being recorded and stored.  The following is a from a transcript of an exchange between Erin Burnett of CNN and former FBI counterterrorism agent Tim Clemente which took place just last month… #4 The chief technology officer at the CIA, Gus Hunt, made the following statement back in March… "We fundamentally try to collect everything and hang onto it forever." #5 During a Senate Judiciary Oversight Committee hearing in March 2011, FBI Director Robert Mueller admitted that the intelligence community has the ability to access emails "as they come in"… #6 Back in 2007, Director of National Intelligence Michael McConnell told Congress that the president has the "constitutional authority" to authorize domestic spying without warrants no matter when the law says. #7 The Director Of National Intelligence James Clapper recently told Congress that the NSA was not collecting any information about American citizens.  When the media confronted him about his lie, he explained that he "responded in what I thought was the most truthful, or least untruthful manner". #8 The Washington Post is reporting that the NSA has four primary data collection systems… MAINWAY, MARINA, METADATA, PRISM #9 The NSA knows pretty much everything that you are doing on the Internet.  The following is a short excerpt from a recent Yahoo article… #10 The NSA is suppose
Paul Merrell

Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahama... - 0 views

firstlook.org/...-every-cell-phone-call-bahamas

surveillance state NSA DEA cell-phone-dragnet-recording

shared by Paul Merrell on 20 May 14 - No Cached
  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
  • Paul Merrell on 20 May 14
     
    Words fail me.
Paul Merrell

Fisa court oversight: a look inside a secret and empty process | Glenn Greenwald | Comm... - 0 views

www.guardian.co.uk/...ourt-oversight-process-secrecy

surveillance state NSA lies FISA FISA Court Obama procedures must-read

shared by Paul Merrell on 21 Jun 13 - No Cached
  • Since we began began publishing stories about the NSA's massive domestic spying apparatus, various NSA defenders – beginning with President Obama - have sought to assure the public that this is all done under robust judicial oversight. "When it comes to telephone calls, nobody is listening to your telephone calls," he proclaimed on June 7 when responding to our story about the bulk collection of telephone records, adding that the program is "fully overseen" by "the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them". Obama told Charlie Rose last night:"What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls … by law and by rule, and unless they … go to a court, and obtain a warrant, and seek probable cause, the same way it's always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause."The GOP chairman of the House Intelligence Committee, Mike Rogers, told CNN that the NSA "is not listening to Americans' phone calls. If it did, it is illegal. It is breaking the law." Talking points issued by the House GOP in defense of the NSA claimed that surveillance law only "allows the Government to acquire foreign intelligence information concerning non-U.S.-persons (foreign, non-Americans) located outside the United States."
  • The decisions about who has their emails and telephone calls intercepted by the NSA is made by the NSA itself, not by the Fisa court, except where the NSA itself concludes the person is a US citizen and/or the communication is exclusively domestic. But even in such cases, the NSA often ends up intercepting those communications of Americans without individualized warrants, and all of this is left to the discretion of the NSA analysts with no real judicial oversight.
  • The NSA's media defenders have similarly stressed that the NSA's eavesdropping and internet snooping requires warrants when it involves Americans. The Washington Post's Charles Lane told his readers: "the government needs a court-issued warrant, based on probable cause, to listen in on phone calls." The Post's David Ignatius told Post readers that NSA internet surveillance "is overseen by judges who sit on the Foreign Intelligence Surveillance Court" and is "lawful and controlled". Tom Friedman told New York Times readers that before NSA analysts can invade the content of calls and emails, they "have to go to a judge to get a warrant to actually look at the content under guidelines set by Congress."This has become the most common theme for those defending NSA surveillance. But these claim are highly misleading, and in some cases outright false.
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  • What is vital to recognize is that the NSA is collecting and storing staggering sums of communications every day. Back in 2010, the Washington Post reported that "every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications." Documents published by the Guardian last week detail that, in March 2013, the NSA collected three billions of pieces of intelligence just from US communications networks alone.In sum, the NSA is vacuuming up enormous amounts of communications involving ordinary Americans and people around the world who are guilty of nothing. There are some legal constraints governing their power to examine the content of those communications, but there are no technical limits on the ability either of the agency or its analysts to do so. The fact that there is so little external oversight is what makes this sweeping, suspicion-less surveillance system so dangerous. It's also what makes the assurances from government officials and their media allies so dubious.
  • Paul Merrell on 21 Jun 13
     
    Glenn Greenwald strikes again with hard proof from NSA documents, dissecting procedures used throughout the intelligence establishment from the NSA to the President to Congress, casting severe doubt on what we have been told by those defending the NSA surveillance program. I have highlighted only a few points from this lengthy article. As to Greenwald's discussion of the FISA Court's weaknesses, he omitted one that I believe is incredibly, the lack of an adversarial system with a lawyer opposing what the government asks the Court to authorize. True, search warrants are normally issued in the U.S. with only the government represented in the process. But there is a crucial difference: once someone is charged with a crime, the warrant must be disclosed to the defendant who can ask the court to suppress all evidence unlawfully obtained not only through the warrant but also the fruits of any unlawfully obtained evidence, meaning subsequently discovered evidence that would not have been found absent the unlawfully obtained evidence. The same result can happen if the warrant is found to be invalid for any of a variety of reasons, or the officers exceeded the scope of the search authorized.  So in the normal search warrant process, the participation of an adversary attorney is only delayed; it is not virtually eliminated as it is in the FISA Court. Thus far, only those ordered to disclose records to the NSA have been granted standing to oppose disclosure, not those who have been surveilled. The entire U.S. judicial system is built around the principle of an adversarial process. Judges are expected to be neutral arbiters between two or more sides to a dispute. We do not have an inquisitorial system, as is used for example in some European nations, where the judge is also the investigator. The FISA court is presently composed of 11 federal district court judges who also preside over normal cases in their individual districts. Steeped in the adversarial system and th
Paul Merrell

GCHQ taps fibre-optic cables for secret access to world's communications | UK news | gu... - 0 views

www.guardian.co.uk/...ecret-world-communications-nsa

surveillance state NSA GCHQ UK Snowden must-read

shared by Paul Merrell on 22 Jun 13 - No Cached
  • Britain's spy agency GCHQ has secretly gained access to the network of cables which carry the world's phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).The sheer scale of the agency's ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.One key innovation has been GCHQ's ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.
  • GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user's access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.The existence of the programme has been disclosed in documents shown to the Guardian by the NSA whistleblower Edward Snowden as part of his attempt to expose what he has called "the largest programme of suspicionless surveillance in human history"."It's not just a US problem. The UK has a huge dog in this fight," Snowden told the Guardian. "They [GCHQ] are worse than the US."
  • However, on Friday a source with knowledge of intelligence argued that the data was collected legally under a system of safeguards, and had provided material that had led to significant breakthroughs in detecting and preventing serious crime.Britain's technical capacity to tap into the cables that carry the world's communications – referred to in the documents as special source exploitation – has made GCHQ an intelligence superpower.By 2010, two years after the project was first trialled, it was able to boast it had the "biggest internet access" of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand.UK officials could also claim GCHQ "produces larger amounts of metadata than NSA". (Metadata describes basic information on who has been contacting whom, without detailing the content.)By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: "We have a light oversight regime compared with the US".
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  • When it came to judging the necessity and proportionality of what they were allowed to look for, would-be American users were told it was "your call".The Guardian understands that a total of 850,000 NSA employees and US private contractors with top secret clearance had access to GCHQ databases.
  • For the 2 billion users of the world wide web, Tempora represents a window on to their everyday lives, sucking up every form of communication from the fibre-optic cables that ring the world.The NSA has meanwhile opened a second window, in the form of the Prism operation, revealed earlier this month by the Guardian, from which it secured access to the internal systems of global companies that service the internet.The GCHQ mass tapping operation has been built up over five years by attaching intercept probes to transatlantic fibre-optic cables where they land on British shores carrying data to western Europe from telephone exchanges and internet servers in north America.This was done under secret agreements with commercial companies, described in one document as "intercept partners".The papers seen by the Guardian suggest some companies have been paid for the cost of their co-operation and GCHQ went to great lengths to keep their names secret. They were assigned "sensitive relationship teams" and staff were urged in one internal guidance paper to disguise the origin of "special source" material in their reports for fear that the role of the companies as intercept partners would cause "high-level political fallout".
  • The GCHQ documents that the Guardian has seen illustrate a constant effort to build up storage capacity at the stations at Cheltenham, Bude and at one overseas location, as well a search for ways to maintain the agency's comparative advantage as the world's leading communications companies increasingly route their cables through Asia to cut costs. Meanwhile, technical work is ongoing to expand GCHQ's capacity to ingest data from new super cables carrying data at 100 gigabits a second. As one training slide told new users: "You are in an enviable position – have fun and make the most of it."
  • The categories of material have included fraud, drug trafficking and terrorism, but the criteria at any one time are secret and are not subject to any public debate. GCHQ's compliance with the certificates is audited by the agency itself, but the results of those audits are also secret.An indication of how broad the dragnet can be was laid bare in advice from GCHQ's lawyers, who said it would be impossible to list the total number of people targeted because "this would be an infinite list which we couldn't manage".There is an investigatory powers tribunal to look into complaints that the data gathered by GCHQ has been improperly used, but the agency reassured NSA analysts in the early days of the programme, in 2009: "So far they have always found in our favour".
  • Historically, the spy agencies have intercepted international communications by focusing on microwave towers and satellites. The NSA's intercept station at Menwith Hill in North Yorkshire played a leading role in this. One internal document quotes the head of the NSA, Lieutenant General Keith Alexander, on a visit to Menwith Hill in June 2008, asking: "Why can't we collect all the signals all the time? Sounds like a good summer project for Menwith."By then, however, satellite interception accounted for only a small part of the network traffic. Most of it now travels on fibre-optic cables, and the UK's position on the western edge of Europe gave it natural access to cables emerging from the Atlantic.
  • The processing centres apply a series of sophisticated computer programmes in order to filter the material through what is known as MVR – massive volume reduction. The first filter immediately rejects high-volume, low-value traffic, such as peer-to-peer downloads, which reduces the volume by about 30%. Others pull out packets of information relating to "selectors" – search terms including subjects, phone numbers and email addresses of interest. Some 40,000 of these were chosen by GCHQ and 31,000 by the NSA. Most of the information extracted is "content", such as recordings of phone calls or the substance of email messages. The rest is metadata.
  • "The criteria are security, terror, organised crime. And economic well-being. There's an auditing process to go back through the logs and see if it was justified or not. The vast majority of the data is discarded without being looked at … we simply don't have the resources."However, the legitimacy of the operation is in doubt. According to GCHQ's legal advice, it was given the go-ahead by applying old law to new technology. The 2000 Regulation of Investigatory Powers Act (Ripa) requires the tapping of defined targets to be authorised by a warrant signed by the home secretary or foreign secretary.However, an obscure clause allows the foreign secretary to sign a certificate for the interception of broad categories of material, as long as one end of the monitored communications is abroad. But the nature of modern fibre-optic communications means that a proportion of internal UK traffic is relayed abroad and then returns through the cables.
  • British spy agency collects and stores vast quantities of global email messages, Facebook posts, internet histories and calls, and shares them with NSA, latest documents from Edward Snowden reveal
  • Paul Merrell on 22 Jun 13
     
    Note particularly that the Brit criteria adds economic data to the list of categories categories the NSA trawls for and shares its data with the U.S. NSA. Both agencies claim to be targeting foreigners, so now we're into the "we surveil your citizens; you surveil our citizens, then we'll share the results" scenario that leaves both sides of the pond with a superficial excuse to say "we don't surveil our own citizens, just foreigners." But it's just ring-around-the-rosy. 850,000 NSA employees and U.S. private contractors with access to GCHQ surveillance databases.  Lots more in the article that I didn't highlight.
Paul Merrell

How the NSA is still harvesting your online data | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...nsa-online-metadata-collection

surveillance state NSA Obama lies EvilOlive ShellTrumpet MoonLightPath Spinneret xKeyScore Deep Dive Transient Thurible

shared by Paul Merrell on 30 Jun 13 - No Cached
  • A review of top-secret NSA documents suggests that the surveillance agency still collects and sifts through large quantities of Americans' online data – despite the Obama administration's insistence that the program that began under Bush ended in 2011.Shawn Turner, the Obama administration's director of communications for National Intelligence, told the Guardian that "the internet metadata collection program authorized by the Fisa court was discontinued in 2011 for operational and resource reasons and has not been restarted."But the documents indicate that the amount of internet metadata harvested, viewed, processed and overseen by the Special Source Operations (SSO) directorate inside the NSA is extensive.While there is no reference to any specific program currently collecting purely domestic internet metadata in bulk, it is clear that the agency collects and analyzes significant amounts of data from US communications systems in the course of monitoring foreign targets.
  • On December 26 2012, SSO announced what it described as a new capability to allow it to collect far more internet traffic and data than ever before. With this new system, the NSA is able to direct more than half of the internet traffic it intercepts from its collection points into its own repositories. One end of the communications collected are inside the United States.The NSA called it the "One-End Foreign (1EF) solution". It intended the program, codenamed EvilOlive, for "broadening the scope" of what it is able to collect. It relied, legally, on "FAA Authority", a reference to the 2008 Fisa Amendments Act that relaxed surveillance restrictions.This new system, SSO stated in December, enables vastly increased collection by the NSA of internet traffic. "The 1EF solution is allowing more than 75% of the traffic to pass through the filter," the SSO December document reads. "This milestone not only opened the aperture of the access but allowed the possibility for more traffic to be identified, selected and forwarded to NSA repositories."
  • It continued: "After the EvilOlive deployment, traffic has literally doubled."The scale of the NSA's metadata collection is highlighted by references in the documents to another NSA program, codenamed ShellTrumpet.On December 31, 2012, an SSO official wrote that ShellTrumpet had just "processed its One Trillionth metadata record".
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  • Explaining that the five-year old program "began as a near-real-time metadata analyzer … for a classic collection system", the SSO official noted: "In its five year history, numerous other systems from across the Agency have come to use ShellTrumpet's processing capabilities for performance monitoring" and other tasks, such as "direct email tip alerting."Almost half of those trillion pieces of internet metadata were processed in 2012, the document detailed: "though it took five years to get to the one trillion mark, almost half of this volume was processed in this calendar year".
  • Another SSO entry, dated February 6, 2013, described ongoing plans to expand metadata collection. A joint surveillance collection operation with an unnamed partner agency yielded a new program "to query metadata" that was "turned on in the Fall 2012". Two others, called MoonLightPath and Spinneret, "are planned to be added by September 2013."A substantial portion of the internet metadata still collected and analyzed by the NSA comes from allied governments, including its British counterpart, GCHQ.
  • An SSO entry dated September 21, 2012, announced that "Transient Thurible, a new Government Communications Head Quarters (GCHQ) managed XKeyScore (XKS) Deep Dive was declared operational." The entry states that GCHQ "modified" an existing program so the NSA could "benefit" from what GCHQ harvested."Transient Thurible metadata [has been] flowing into NSA repositories since 13 August 2012," the entry states.
  • A review of top-secret NSA documents suggests that the surveillance agency still collects and sifts through large quantities of Americans' online data – despite the Obama administration's insistence that the program that began under Bush ended in 2011.Shawn Turner, the Obama administration's director of communications for National Intelligence, told the Guardian that "the internet metadata collection program authorized by the Fisa court was discontinued in 2011 for operational and resource reasons and has not been restarted."But the documents indicate that the amount of internet metadata harvested, viewed, processed and overseen by the Special Source Operations (SSO) directorate inside the NSA is extensive.While there is no reference to any specific program currently collecting purely domestic internet metadata in bulk, it is clear that the agency collects and analyzes significant amounts of data from US communications systems in the course of monitoring foreign targets.
Paul Merrell

Forget Metadata ... The NSA Is Spying On EVERYTHING Washington's Blog - 0 views

www.washingtonsblog.com/...ata-nsa-spying-everything.html

surveillance state NSA NSA-targets must-read

shared by Paul Merrell on 08 Feb 14 - No Cached
  • The NSA’s spying on everyone’s metadata can tell them just about everything about us … and it violates our Constitutional right to freedom of association. But people are getting distracted from the big picture by focusing on metadata. As security expert Bruce Schneier wrote yesterday: What frustrates me about all of this — [the Privacy and Civil Liberties Oversight Board] report, the president’s speech, and so many other things — is that they focus on the bulk collection of cell phone call records. There’s so much more bulk collection going on — phone calls, e-mails, address books, buddy lists, text messages, cell phone location data, financial documents, calendars, [smartphone apps] etc. — and we really need legislation and court opinions on it all. But because cell phone call records were the first disclosure, they’re what gets the attention. Indeed, Schneier confirmed last October what we’ve been saying for years … don’t get too distracted by the details, because the government is spying on everything:
  • Honestly, I think the details matter less and less. We have to assume that the NSA has EVERYONE who uses electronic communications under CONSTANT surveillance. New details about hows and whys will continue to emerge …but the big picture will remain the same. He’s right. As just one example, there is substantial evidence from top NSA and FBI whistleblowers that the government is recording the content of our calls and emails … word-for-word. So what should we make of the government’s denials that it records content? Given that the government has been caught lying about spying again and again, I’m not sure how much weight we should give to such denials. NSA whistleblower Russ Tice notes: They’re collecting content … word-for-word. *** You can’t trust these people. They lie, and they lie a lot.
  • Paul Merrell on 08 Feb 14
     
    Personally, I don't think the focus is on metadata because it was the first target exposed. I see it more as a propaganda weapon to divert attention from the other NSA targets.  In any event, this page offers a very comprehensive list of the types of data the NSA is collecting, with links to further information on each type.
Gary Edwards

We Call a Top NSA Whistleblower … And Get the REAL SCOOP on Spying | Washingt... - 0 views

www.washingtonsblog.com/...ope-of-the-spying-program.html

William-Binney NSA-Whistleblower NSA-Patriot-Act NARUS Verint

shared by Gary Edwards on 10 Jun 13 - No Cached
  • Gary Edwards on 10 Jun 13
     
    "NSA whistleblower Thomas Drake corroborated Klein's assertions, testifying that while the NSA is using Israeli-made NARUS hardware to "seize and save all personal electronic communications." ..................... I then asked the NSA veteran Binney if the government's claim that it is only spying on metadata - and not content - was correct. We have extensively documented that the government is likely recording content as well. (And the government has previously admitted to "accidentally" collecting more information on Americans than was legal, and then gagged the judges so they couldn't disclose the nature or extent of the violations.) Binney said that was not true; the government is gathering everything, including content. Binney explained - as he has many times before - that the government is storing everything, and creating a searchable database … to be used whenever it wants, for any purpose it wants (even just going after someone it doesn't like). ..................... Binney said that former FBI counter-terrorism agent Tim Clemente is correct when he says that no digital data is safe (Clemente says that all digital communications are being recorded). Both Verint and Narus were founded in Israel in the 1990s. *** Binney next confirmed the statement of the author of the Patriot Act - Congressman Jim Sensenbrenner - that the NSA spying programs violate the Patriot Act. After all, the Patriot Act is focused on spying on external threats … not on Americans. Binney asked rhetorically: "How can an American court [FISA or otherwise] tell telecoms to cough up all domestic data?!" Update: Binney sent the following clarifying email about content collection: It's clear to me that they are collecting most e-mail in full plus other text type data on the web. As for phone calls, I don't think they would record/transcribe the approximately 3 billion US-to-US calls every day. It's more likely that they are reco
Gary Edwards

THE TRUTH ABOUT SPYING: The Feds Are Intercepting Your Internet Data And Tech Giants Kn... - 0 views

www.businessinsider.com/he-nsas-data-collection-2013-6

Prism NSA-Patriot-Act-NDAA Edward-Snowden

shared by Gary Edwards on 12 Jun 13 - No Cached
  • Last year James Bamford of Wired — who wrote the book "The Shadow Factory: The NSA from 9/11 to the Eavesdropping on America" — reported that the NSA hired secretive companies linked to Israeli intelligence to establish 10 to 20 wiretapping rooms at key Internet Service Provider (ISP) telecommunication points throughout the country.
  • In 2004 AT&T engineer Mark Klein discovered that a special NSA network actively "vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T," emphasizing that "much of the data sent through AT&T to the NSA was purely domestic."
  • Glenn Greenwald revealed that the National Security Agency (NSA) is secretly using the so-called "business records" provision of the Patriot Act to collect telephone records of millions of Americans from Verizon. Greenwald noted that "previous reporting has suggested the NSA has collected cell records from all major mobile networks," which was best illustrated by this ACLU infographic graphic illustrating how the NSA intercepts more than a billion electronic records and communications every day.
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  • NSA whistleblowers William Binney and Thomas Drake corroborated Klein's assertions: Binney contends that the NSA analyzes the information "to be able to monitor what people are doing" and who they are doing it with while Drake maintains that the NSA is using Israeli-made NARUS hardware to "seize and save all personal electronic communications."
  • Eric Lichtblau and James Risen of the New York Times won a Pulitzer-Prize for this 2005 story: As part of the program approved by President Bush for domestic surveillance without warrants, the N.S.A. has gained the cooperation of American telecommunications companies to obtain backdoor access to streams of domestic and international communications, the officials said.
  • in January Google released a transparency report detailing the government's use of controversial legislation that bypasses judicial approval to access the online information of private citizens.
  • Given the fact that the CIA's recently visited tech conference to detail the Agency's vision for collecting and analyzing all of the information people put on the Internet, it would be naïve to think that American tech giants hasn't know that all their data belongs to NSA.
  • Gary Edwards on 12 Jun 13
     
    Timeline for reports and whistleblower information going public about NSA world wide dragnet of information and communications.  Note that the official timeline the NSA slides depict the start of the Internet dragnet as late 2007, when the Bush Administration wrangled Microsoft as a source.  The whistleblower timeline starts in 2001 and is rolling worldwide by 2004.
Paul Merrell

NSA can eavesdrop on Americans' phone calls, documents show | Politics and Law - CNET News - 0 views

news.cnet.com/...ans-phone-calls-documents-show

surveillance state NSA Clapper lies must-read

shared by Paul Merrell on 17 Aug 13 - No Cached
  • The National Security Agency has been secretly granted legal authority to operate a massive domestic eavesdropping system that vacuums up Americans' phone calls and Internet communications, newly leaked documents show. A pair of classified government documents (No. 1 and No. 2) signed by Attorney General Eric Holder and posted by the Guardian on Thursday show that NSA analysts are able to listen to Americans' intercepted phone calls without asking a judge for a warrant first. That appears to be at odds with what President Obama said earlier this week in defense of the NSA's surveillance efforts. "I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails," Obama said. The new documents indicate, however, that NSA, CIA, and FBI analysts are granted broad access to data vacuumed up by the world's most powerful intelligence agency -- but are supposed to follow certain "targeting" and "minimization" procedures to limit the number of Americans who become individual targets of warrantless surveillance.
  • Analysts are expected to exercise "reasonable judgment" in determining which data to use, according to the documents, and "inadvertently acquired communications of or concerning a United States person may be retained no longer than five years." The documents also refer to "content repositories" that contain records of devices' "previous Internet activity," and say the NSA keeps records of Americans' "electronic communications accounts/addresses/identifiers" in an apparent effort to avoid targeting them in future eavesdropping efforts. The Holder procedures were blessed in advance by the secret Foreign Intelligence Surveillance Court, the Guardian reported, meaning that the judges would have issued a general order that authorizes the NSA to engage in warrantless surveillance as long as it's primarily aimed at foreign targets, subject to some limited judicial oversight. Today's disclosure jibes with what Edward Snowden, the former NSA contractor who leaked top-secret documents, alleged in an online chat earlier this week. Snowden said, referring to the contents of e-mail and phone calls, that "Americans' communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant."
  • On Sunday, Director of National Intelligence James Clapper released a carefully-worded statement in response to a CNET article and other reports questioning when intelligence analysts can listen to domestic phone calls. Clapper said: "The statement that a single analyst can eavesdrop on domestic communications without proper legal authorization is incorrect and was not briefed to Congress." Clapper's statement was viewed as a denial, but it wasn't. Today's disclosures reveal why: Because the Justice Department granted intelligence analysts "proper legal authorization" in advance through the Holder regulations. "The DNI has a history of playing games with wording, using terms with carefully obscured meanings to leave an impression different from the truth," Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation who has litigated domestic surveillance cases, told CNET earlier this week.
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  • Jameel Jaffer, the American Civil Liberties Union's deputy legal director, said in a statement today that: After Congress enacted the FISA Amendments Act in 2008, we worried that the NSA would use the new authority to conduct warrantless surveillance of Americans' telephone calls and emails. These documents confirm many of our worst fears. The "targeting" procedures indicate that the NSA is engaged in broad surveillance of Americans' international communications. The "minimization" procedures that supposedly protect Americans' constitutional rights turn out to be far weaker than we imagined they could be. For example, the NSA claims the authority to collect and disseminate attorney-client communications -- and even, in some circumstances, to turn them over to Justice Department prosecutors. The government also claims the authority to retain Americans' purely domestic communications in certain situations.
  • The documents suggest there are some significant loopholes in domestic surveillance: if an NSA analyst reviews an intercepted communication and finds "evidence of a crime that has been, is being, or is about to be committed," it can be forwarded to the FBI or other federal law enforcement agencies. Another loophole is "a serious harm to life or property" -- which could sweep in intellectual property -- and "enciphered" data. Communications that contain "enciphered" data, which would likely include PGP but also could mean encrypted Web connections using SSL, may be kept indefinitely. Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls -- in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established "listening posts" that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, "whether they originate within the country or overseas." That includes not just metadata, but also the contents of the communications.
  • Section 702 of the FAA says surveillance may be authorized by the attorney general and director of national intelligence without prior approval by the secret Foreign Intelligence Surveillance Court, as long as minimization requirements and general procedures blessed by the court are followed.
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

www.theguardian.com/...veillance-anger-deepens-europe

surveillance state NSA NSA-oversight NSA-blowback IAHCR U.N. legislation Sensenbrenner Leahy

shared by Paul Merrell on 30 Oct 13 - No Cached
  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Gary Edwards

Whistleblowers & NSA - Shows - Coast to Coast AM - 0 views

www.coasttocoastam.com/...27

William-Binney Edward-Snowden NSA-Patriot-Act-NDAA NSA-Whistleblower

shared by Gary Edwards on 02 Aug 13 - No Cached
  • Gary Edwards on 02 Aug 13
     
    Interview Date: 07-27-13 :: 3 hours on mp3 Host: John B. Wells Guests: William E. Binney This amazing interview covers 3 hours with William Edward Binney; the former highly placed intelligence official with the United States National Security Agency (NSA) turned whistleblower who resigned on October 31, 2001, after more than 30 years with the agency. He joined John B. Wells to discuss living his life as a whistleblower, the NSA scandal and related topics. "The NSA was chartered to do foreign intelligence only, not domestic intelligence," he said. Prior to the Bush Administration, if the NSA happened to randomly intercept a U.S. citizen's communications, the database was purged of the collection and records erased, Binney revealed. After 9/11 and per a "secret interpretation" of the Patriot Act, the NSA decided it could build a register of every phone in the country, he explained, noting that they now keep records on who every U.S. Citizen calls, how often and for how long. A person has the right to free association with others only as long as the NSA knows about it, he admonished. According to Binney, there is substantial danger that data collected from phone and internet communications as well as financial records will be used to target particular Americans, a scenario recently played out when the IRS was caught harassing tea party members, he pointed out. Because the threat is real and the spy organization's reach well beyond its original charter, Binney said he has signed an affidavit for the Electronic Frontier Foundation's lawsuit challenging the NSA's constitutional authority to collect this kind of information. Another peril to U.S. citizens are FISA Courts (Foreign Intelligence Surveillance Court) which can order the transfer of domestic intelligence data but have no way of validating the intelligence being given to them, he continued. Binney called for the defunding of FISA Courts since they, like the NSA, are in violation of their original charter. He
Paul Merrell

The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

justsecurity.org/...s-hold-encrypted-data-familiar

surveillance state NSA IAA-2015 Sect-309 legislation

shared by Paul Merrell on 26 Jan 15 - No Cached
  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
  • Paul Merrell on 26 Jan 15
     
    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
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