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The UK intelligence agency GCHQ has repeatedly warned it fears a "damaging public debate" on the scale of its activities because it could lead to legal challenges against its mass-surveillance programmes, classified internal documents reveal.Memos contained in the cache disclosed by the US whistleblower Edward Snowden detail the agency's long fight against making intercept evidence admissible as evidence in criminal trials – a policy supported by all three major political parties, but ultimately defeated by the UK's intelligence community.Foremost among the reasons was a desire to minimise the potential for challenges against the agency's large-scale interception programmes, rather than any intrinsic threat to security, the documents show.

The papers also reveal that:• GCHQ lobbied furiously to keep secret the fact that telecoms firms had gone "well beyond" what they were legally required to do to help intelligence agencies' mass interception of communications, both in the UK and overseas.• GCHQ feared a legal challenge under the right to privacy in the Human Rights Act if evidence of its surveillance methods became admissible in court.• GCHQ assisted the Home Office in lining up sympathetic people to help with "press handling", including the Liberal Democrat peer and former intelligence services commissioner Lord Carlile, who this week criticised the Guardian for its coverage of mass surveillance by GCHQ and America's National Security Agency.The most recent attempt to make intelligence gathered from intercepts admissible in court, proposed by the last Labour government, was finally stymied by GCHQ, MI5 and MI6 in 2009.

Another top GCHQ priority in resisting the admission of intercepts as evidence was keeping secret the extent of the agency's co-operative relationships with telephone companies – including being granted access to communications networks overseas.In June, the Guardian disclosed the existence of GCHQ's Tempora internet surveillance programme. It uses intercepts on the fibre-optic cables that make up the backbone of the internet to gain access to vast swaths of internet users' personal data. The intercepts are placed in the UK and overseas, with the knowledge of companies owning either the cables or landing stations.The revelations of voluntary co-operation with some telecoms companies appear to contrast markedly with statements made by large telecoms firms in the wake of the first Tempora stories. They stressed that they were simply complying with the law of the countries in which they operated.

Senior figures inside British intelligence have been alarmed by GCHQ's secret decision to tap into transatlantic cables in order to engage in the bulk interception of phone calls and internet traffic.According to one source who has been directly involved in GCHQ operations, concerns were expressed when the project was being discussed internally in 2008: "We felt we were starting to overstep the mark with some of it. People from MI5 were complaining that they were going too far from a civil liberties perspective … We all had reservations about it, because we all thought: 'If this was used against us, we wouldn't stand a chance'."The Guardian revealed on Friday that GCHQ has placed more than 200 probes on transatlantic cables and is processing 600m "telephone events" a day as well as up to 39m gigabytes of internet traffic. Using a programme codenamed Tempora, it can store and analyse voice recordings, the content of emails, entries on Facebook, the use of websites as well as the "metadata" which records who has contacted who. The programme is shared with GCHQ's American partner, the National Security Agency.

Internet traffic is also liable to be routed internationally even if the message is exchanged between two people within the UK. "At one point, I was told that we were getting 85% of all UK domestic traffic – voice, internet, all of it – via these international cables."

The source claimed that even the conventional warrant system has been distorted – whereas police used to ask for a warrant before intercepting a target's communications, they will now ask GCHQ to intercept the target's communications and then use that information to seek a warrant.There is a particular concern that the programme allows GCHQ to break the boundary which stopped it engaging in the bulk interception of internal UK communications. The Ripa requirement that one end of a communication must be outside the UK was a significant restriction when it was applied to phone calls using satellites, but it is no longer effective in the world of fibre-optic cables. "The point is that this is an island," the source said. "Everything comes and goes – nearly everything – down fibre-optic cables. You make a mobile phone call, it goes to a mast and then down into a fibre-optic cable, under the ground and away. And even if the call is UK to UK, it's very likely – because of the way the system is structured – to go out of the UK and come back in through these fibre-optic channels."

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".

HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.

Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.

The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant

The chances of Theresa May reintroducing her "snooper's charter" communications data bill are practically zero in the wake of the Guardian's disclosures on the scale of internet surveillance, leading Tory and Labour civil liberties campaigners have said.David Davis, a former contender for Conservative leadership, and Tom Watson, the Labour deputy chair, both said on Thursday they felt there had been a change in the atmosphere at Westminster compared with the "great rush" to legislate in the immediate aftermath of the Woolwich murder of Drummer Lee Rigby.Both MPs said the disclosure of the mass harvesting of personal communications, including internet data, by the American National Security Agency and Britain's eavesdropping agency, GCHQ, had shown that the existing UK regulatory framework was completely ineffective.Davis said in particular that GCHQ's Tempora operation, which harvests global phone and internet traffic by tapping into the transatlantic fibre-optic cables, had "put up a big red flag" indicating it was time to think again from scratch about the legal oversight arrangements.

He said it was necessary to look at ways of rewriting the Regulation of Investigatory Powers Act 2000, which sets out the legal oversight arrangements for the interception and surveillance of communications.But the former shadow home secretary and staunch Eurosceptic also praised the efforts of Viviane Reding, the EU commissioner for justice, who wrote to the foreign secretary, William Hague, on Wednesday giving him until the end of the week to answer the charge that the fundamental rights of citizens across Europe were being flouted."I hope that Viviane Reding keeps up the pressure. This is the only time you will hear me say that the European Union might be the answer," said Davis.Watson said he shared Davis's analysis of the poor prospects for the reintroduction of May's communications data bill, which would require internet and phone companies to store for up to 12 months data tracking everyone's use of email, phone and internet.

The meeting heard from surveillance experts Casper Bowden, a former chief privacy adviser to Microsoft, and solicitor/advocate, Simon McKay. Bowden said a huge debt was owed to Snowden, who had made the most important disclosures about surveillance for more than 25 years.He said the disclosures had serious implications for the corporate and individual stampede towards the use of "cloud computing" storage, much of which was housed in the US. He said that there was a real danger now that Britain would be left in an exposed position, with the rest of Europe not willing to allow their data to be stored through the UK. "Keep your cloudbase close and local and keep it in your jurisdiction," he said, adding that encryption was very limited as a defence.Bowden, who has worked as an adviser to the EU on its new data protection directive, which has yet to come into force principally because of British opposition, said he had secured an amendment giving protection for whistleblowers.He had also argued for a warning "pop-up" to be required when data was being transferred outside the EU's borders.

The European Parliament on Thursday adopted a joint, cross-party resolution to begin investigations into widespread surveillance of Europeans by the U.S. National Security Agency (NSA). Read this EU to vote to suspend U.S. data sharing agreements, passenger records amid NSA spying scandal Read more In the vote, 483 voted for the resolution, 98 against, and 65 abstained on a vote that called on the U.S. to suspend and review any laws and surveillance programs that "violate the fundamental right of EU citizens to privacy and data protection," as well as Europe's "sovereignty and jurisdiction." The vote also gave backing to the suspension of data sharing deals between the two continents, should the European Commission take action against its U.S. ally.

The U.S. government faces continued criticism and pressure from its international allies following news that its intelligence agencies spied on foreign nationals under its so-called PRISM program. The U.K. government was also embroiled in the NSA spying saga, after its signals intelligence intercepting station GCHQ tapped submarine fiber optic cables under its own secret program, code named Tempora. Reuters reported on Wednesday that the Commission is examining whether the U.K. broke EU law, which could lead to fines imposed by the highest court in Europe.

Should the Commission decide it necessary to suspend the data sharing agreement of passenger details — including personal and sensitive individual data — it could ultimately lead to the grounding of flights between the EU and the U.S. Dutch MEP Sophie in 't Veld said in a statement after the vote: "We must consider now if the PNR and SWIFT agreements are still tenable in the circumstances." Critics say PNR data has never helped catch a suspected criminal or terrorist before. SWIFT data sharing, which provides U.S. authorities with secure banking details in a bid to crack down on terrorist financing, could also be suspended. A spokesperson for the D66 delegation in Brussels confirmed by email that the English version of the joint motion is "the right one and is leading," despite claims that there were "translation error[s]" between the different versions of the joint resolution.

Here’s a recap of Snowden’s leaked documents published so far, in my own highly subjective order of importance.

A leaked executive order from President Obama shows the administration asked intelligence agencies to draw up a list of potential offensive cyberattack targets around the world. The order, which suggests targeting “systems, processes and infrastructure” states that such offensive hacking operations “can offer unique and unconventional capabilities to advance U.S. national objectives around the world with little or no warning to the adversary or target and with potential effects ranging from subtle to severely damaging.” The order followed repeated accusations by the U.S. government that China has engaged in state-sponsored hacking operations, and was timed just a day before President Obama’s summit with Chinese President Xi Jinping.

America's National Security Agency (NSA) is apparently spying on Germany more than previously believed. Secret documents from the US intelligence service, which have been viewed by SPIEGEL journalists, reveal that the NSA systematically monitors and stores a large share of the country's telephone and Internet connection data. Internal NSA statistics indicate that the agency stores data from around half a billion communications connections in Germany each month. This data includes telephone calls, emails, mobile-phone text messages and chat transcripts. The metadata -- or information about which call or data connections were made and when -- is then stored at the NSA's headquarters in Fort Meade, near Washington, DC.

The documents show for the first time the scope of American surveillance in Germany. Previously, it had only been clear that Germany had been one of the major targets of NSA spying. A map published by the Guardian shows that Germany is on a par with targets such as China, Iraq and Saudi Arabia in terms of the intensity of electronic snooping. For weeks now, new details have emerged from documents collected by whistleblower Edward Snowden about the NSA's Prism and Britain's Tempora digital spying programs. The statistics, which SPIEGEL has also seen, show that data is collected from Germany on normal days for up to 20 million telephone calls and 10 million Internet data exchanges. Last Christmas Eve, it collected data on around 13 million phone calls and about half as many online exchanges. On the busiest days, such as January 7 of this year, the information gathered spiked to nearly 60 million communication connections under surveillance.

The NSA, it turns out, is more active in Germany than in any other of the EU's 27 member states. By comparison, during the same time frame, the Americans only recorded data on an average of 2 million connections in France each day. The documents also show that the NSA is primarily interested in important Internet hubs in southern and western Germany. Frankfurt, for example, plays an important role in the global Internet infrastructure, and the city is listed as a central base for the country. One top secret document also states that while Germany may be a partner, it is still also a target of the NSA's electronic snooping. According to the document, Germany is a so-called "3rd party foreign partner." The only countries that are explicitly excluded from spying attacks are Australia, Canada, New Zealand and the UK. "We can, and often do, target the signals of most 3d party foreign partners," a slide from an internal presentation states.

Three of Britain’s most prominent campaign groups have today announced the launch of a legal challenge against the actions of GCHQ, alleging it has illegally intruded on the privacy of millions of British and European citizens. Big Brother Watch, the Open Rights Group and English PEN, together with German internet activist Constanze Kurz, have filed papers at the European Court of Human Rights bringing an action against the UK Government.

 They allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy agency has acted illegally. When details recently emerged in the media about the Prism and Tempora programmes, codenames for previously secret online surveillance operations, it was revealed that GCHQ has the capacity to collect more than 21 petabytes of data a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours. The disclosures have raised serious parliamentary concerns both in Britain and at the EU level. Deighton Pierce Glynn solicitors represent the applicants, instructing Helen Mountfield QC of Matrix Chambers and Tom Hickman and Ravi Mehta of Blackstone Chambers. The legal action will be funded through donations at www.privacynotprism.org.uk

Private firms are selling spying tools and mass surveillance technologies to developing countries with promises that "off the shelf" equipment will allow them to snoop on millions of emails, text messages and phone calls, according to a cache of documents published on Monday.The papers show how firms, including dozens from Britain, tout the capabilities at private trade fairs aimed at offering nations in Africa, Asia and the Middle East the kind of powerful capabilities that are usually associated with government agencies such as GCHQ and its US counterpart, the National Security Agency.The market has raised concerns among human rights groups and ministers, who are poised to announce new rules about the sale of such equipment from Britain.

The documents are included in an online database compiled by the research watchdog Privacy International, which has spent four years gathering 1,203 brochures and sales pitches used at conventions in Dubai, Prague, Brasilia, Washington, Kuala Lumpur, Paris and London. Analysts posed as potential buyers to gain access to the private fairs.The database, called the Surveillance Industry Index, shows how firms from the UK, Israel, Germany, France and the US offer governments a range of systems that allow them to secretly hack into internet cables carrying email and phone traffic.The index has details from 338 companies, including 77 from the UK, offering a total of 97 different technologies.

The documents include a brochure from a company called Advanced Middle East Systems (AMES), based in Dubai. It has been offering a device called Cerebro – a DIY system similar to the Tempora programme run by GCHQ – that taps information from fibre-optic cables carrying internet traffic.AMES describes Cerebro as a "core technology designed to monitor and analyse in real time communications … including SMS (texting), GSM (mobile calls), billing data, emails, conversations, webmail, chat sessions and social networks."The company brochure makes clear this is done by attaching probes to internet cables. "No co-operation with the providers is required," it adds."Cerebro is designed to store several billions of records – metadata and/or communication contents. At any time the investigators can follow the live activity of their target with advanced targeting criteria (email addresses, phone numbers, key words)," says the brochure.

Exclusive Above-top-secret details of Britain’s covert surveillance programme - including the location of a clandestine British base tapping undersea cables in the Middle East - have so far remained secret, despite being leaked by fugitive NSA sysadmin Edward Snowden. Government pressure has meant that some media organisations, despite being in possession of these facts, have declined to reveal them. Today, however, the Register publishes them in full.The secret British spy base is part of a programme codenamed “CIRCUIT” and also referred to as Overseas Processing Centre 1 (OPC-1). It is located at Seeb, on the northern coast of Oman, where it taps in to various undersea cables passing through the Strait of Hormuz into the Persian/Arabian Gulf. Seeb is one of a three site GCHQ network in Oman, at locations codenamed “TIMPANI”, “GUITAR” and “CLARINET”. TIMPANI, near the Strait of Hormuz, can monitor Iraqi communications. CLARINET, in the south of Oman, is strategically close to Yemen. British national telco BT, referred to within GCHQ and the American NSA under the ultra-classified codename “REMEDY”, and Vodafone Cable (which owns the former Cable & Wireless company, aka “GERONTIC”) are the two top earners of secret GCHQ payments running into tens of millions of pounds annually.

The actual locations of such codenamed “access points” into the worldwide cable backbone are classified 3 levels above Top Secret and labelled “Strap 3”. The true identities of the companies hidden behind codenames such as “REMEDY”, “GERONTIC”, “STREETCAR” or “PINNAGE” are classified one level below this, at “Strap 2”.After these details were withheld, the government opted not to move against the Guardian newspaper last year for publishing above-top-secret information at the lower level designated “Strap 1”. This included details of the billion-pound interception storage system, Project TEMPORA, which were revealed in 2013 and which have triggered Parliamentary enquiries in Britain and Europe, and cases at the European Court of Human Rights. The Guardian was forced to destroy hard drives of leaked information to prevent political embarrassment over extensive commercial arrangements with these and other telecommunications companies who have secretly agreed to tap their own and their customers’ or partners’ overseas cables for the intelligence agency GCHQ. Intelligence chiefs also wished to conceal the identities of countries helping GCHQ and its US partner the NSA by sharing information or providing facilities

According to documents revealed by Edward Snowden to journalists including Glenn Greenwald among others, the intelligence agency annually pays selected companies tens of millions of pounds to run secret teams which install hidden connections which copy customers' data and messages to the spooks’ processing centres. The GCHQ-contracted companies also install optical fibre taps or “probes” into equipment belonging to other companies without their knowledge or consent. Within GCHQ, each company has a special section called a “Sensitive Relationship Team” or SRT.BT and Vodafone/C&W also operate extensive long distance optical fibre communications networks throughout the UK, installed and paid for by GCHQ, NSA, or by a third and little known UK intelligence support organization called the National Technical Assistance Centre (NTAC).

British authorities are capable of tapping into bulk communications data collected by other countries' intelligence services—including the National Security Agency—without a warrant, according to secret government documents released Tuesday. The agreement between the NSA and Britain's spy agency, known as Government Communications Headquarters or GCHQ, potentially puts the Internet and phone data of Americans in the hands of another country without legal oversight when obtaining a warrant is "not technically feasible."   The data, once obtained, can be kept for up to two years, according to internal policies disclosed by the British government. GCHQ was forced to reveal that it can request and receive vast quantities of raw, unanalyzed data collected from foreign governments it partners with during legal proceedings in a closed court hearing in a case brought by various international human-rights organizations, including Privacy International, Liberty U.K., and Amnesty International. The suit challenges certain aspects of GCHQ's surveillance practices.

It is well known that the NSA and GCHQ closely share intelligence data with one another, as part of a long-standing surveillance partnership. Some details of the agencies' spy pact were exposed by former NSA contractor Edward Snowden last year, including the existence of GCHQ's Tempora program, which taps into fiber-optic cables to scoop up online and telephone traffic across the Web for up to 30 days. But this is the first time the British government has disclosed that it does not require a warrant to access data collected and maintained by its American counterparts. The revelation appears to counter statements made by an oversight committee of the British Parliament in July of last year that "in each case where GCHQ sought information from the U.S., a warrant for interception, signed by a minister, was already in place."   It is unclear whether any restrictions on Britain's access to NSA surveillance data is imposed by the U.S. However, documents provided by Snowden to The Guardian last year reveal that the NSA shares raw intelligence data with Israel without removing information about U.S. citizens.

In a statement, the NSA said it works with a number of partner countries to further its "foreign intelligence mission." But it did not specify whether it was aware of or condoned Britain's apparent warrantless access of its data. "Whenever NSA shares intelligence information, we comply with all applicable rules, including rules designed to safeguard U.S. person information," the agency said. "NSA does not ask its foreign partners to undertake any intelligence activity that the U.S. government would be legally prohibited from undertaking itself." American privacy advocates quickly condemned any warrantless access of U.S. communications data by British authorities.   "The 'arrangement' disclosed today suggests that the two countries are circumventing even the very weak safeguards that have been put in place," Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said in a statement to National Journal. "It underscores both the inadequacy of existing oversight structures and the pressing need for [surveillance] reform."

The Bureau of Investigative Journalism is asking a European court to rule on whether UK legislation properly protects journalists’ sources and communications from government scrutiny and mass surveillance. The Bureau’s application was filed with the European Court of Human Rights on Friday. If the court rules in favour of the application it will force the UK government to review regulation around the mass collection of communications data. The action follows concerns about the implications to journalists of some of the revelations that have come out of material leaked by Edward Snowden. These have made it clear that by using mass surveillance techniques and programs such as Tempora government agencies can not only collect, store and scrutinise the content of electronic communications but also analyse masses of metadata – the details about where digital communications such as emails originate and the subject area of those communications. Gavin Millar QC, who is working on the case with the Bureau, believes UK authorities are routinely carrying out such data collection and analysis and says this enables a sophisticated picture to be developed of a journalist’s or organisation’s network of contacts, sources and lines of enquiry as well as materials, subjects and persons of interest to them.

The Bureau’s Christopher Hird says: “We understand why the government feels the need to have the power of interception. “But our concern is that the existing regulatory regime to control the interception of communications data – such as phone calls and emails – by organisations such as GCHQ does not provide sufficient safeguards to ensure the protection of journalists’ sources, and as a result is a restriction on the operation of a free press.” The collection of data by authorities is governed in the UK by the Regulation of Investigatory Powers Act, known as RIPA. This is primarily focused on internal communications. Many of the investigations undertaken by Bureau journalists involve foreign sources and stories, which are more vulnerable to interception as RIPA does not provide the same safeguards as it does for internal communications. The Bureau is working with lawyers from Doughty Street chambers and law firm Leigh Day, who have advised that there is little protection or rigorous scrutiny provided by current UK legislation for these “external” communications.