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Angela Merkel’s reputation as an unassailable chancellor is under threat amid mounting pressure for her to reveal how much she knew about a German-supported US spying operation on European companies and officials. The onus on her government to deliver answers over the spying scandal has only increased with the Austrian government’s announcement that it has filed a legal complaint against an unnamed party over “covert intelligence to the detriment of Austria”. EADS, now Airbus, one of the companies known to have been spied on by the BND – Germany’s foreign intelligence agency – is also taking legal action, saying it will file a complaint with prosecutors in Germany. The BND stands accused of spying on behalf of America’s NSA on European companies such as EADS, as well as the French presidency and the EU commission. There are also suspicions that German government workers and journalists were spied on.

The scandal has already strained relations within Merkel’s grand coalition, with many observers commenting that Gabriel was seeing the affair as a chance to make political gains. Political observers were lining up to remark that the crisis is the single most critical of Merkel’s decade in government and could even lead to her and her government’s downfall.

While Merkel appeared to have remained relatively unscathed by the scandal until now, an opinion poll showed that most Germans believed the trustworthiness of the three-times chancellor was now seriously at stake. 62% of Germans said her credibility was in doubt, according to the poll, carried out by the Insa institute, while 18% said it was not. Merkel told Radio Bremen in an interview that she was prepared to speak out over the allegations to a parliamentary committee. “I will testify there and justify myself to them where it is required,” she told the broadcaster.

SMITH v. MARYLAND, 442 U.S. 735 (1979)

The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.

(b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.

The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.

The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.

The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”

Man does civic duty, and is warmly thanked? Of course not. Should Mr Snowden return to his homeland he can confidently expect to be prosecuted under the Espionage Act and, if convicted – like Chelsea Manning before him – locked away for a very long time. For all his background in constitutional law and human rights, Mr Obama has shown little patience for whistleblowers: his administration has used the Espionage Act against leakers of classified information far more than any of his predecessors. It is difficult to imagine Mr Obama giving Mr Snowden the pardon he deserves. There has been some talk of an amnesty – with NSA officials reportedly prepared to consider a deal allowing Mr Snowden to return to the US in exchange for any documents to which he may still have access. The former head of MI5, Dame Eliza Manningham-Buller recently predicted such an outcome, though Mr Obama's own security adviser, Susan Rice, thought he didn't "deserve" it. A former CIA director, James Woolsey, suggested he "should be hanged by his neck until he is dead".

 Olmstead v. United States: The Constitutional Challenges of Prohibition Enforcement Historical Documents Dissenting opinion of Justice Louis D. Brandeis in Olmstead v. United States Justice Brandeis’s dissenting opinion is one of the more notable dissents in Supreme Court history. He attempted to define a general right of privacy based on the Fourth and Fifth Amendments. Brandeis had long been interested in the problem of privacy in the modern age; years earlier he and his law partner, Samuel Warren, published what many consider the seminal article on the topic (Samuel Warren & Louis D. Brandeis, “The Right to Privacy,” 4 Harv. L. Rev. 193 (1890)). Brandeis’s opinion in Olmstead attempted to apply to the current era what he said were the principles of the Fourth and Fifth Amendments. Historians often overlook how much his approach draws on the dissenting opinion of Judge Rudkin in the circuit court, but Brandeis himself acknowledged his debt to Rudkin in the text. The quotation about “the form that evil had theretofore taken” referred to the Supreme Court decision in Weems v. United States, in which Justice Joseph McKenna wrote of the need for the Court to apply the general principles of the Constitution to new problems.

Moreover, “in the application of a constitution, our contemplation cannot be only of what has been but of what may be.” The progress of science in furnishing the Government with means of espionage is not likely to stop with wire-tapping. Ways may someday be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. “That places the liberty of every man in the hands of every petty officer” was said by James Otis of much lesser intrusions than these. To Lord Camden, a far slighter intrusion seemed “subversive of all the comforts of society.” Can it be that the Constitution affords no protection against such invasions of individual security? . . .

In Ex parte Jackson, 96 U.S. 727, it was held that a sealed letter entrusted to the mail is protected by the Amendments. The mail is a public service furnished by the Government. The telephone is a public service furnished by its authority. There is, in essence, no difference between the sealed letter and the private telephone message. As Judge Rudkin said below: “True, the one is visible, the other invisible; the one is tangible, the other intangible; the one is sealed, and the other unsealed, but these are distinctions without a difference.” The evil incident to invasion of the privacy of the telephone is far greater than that involved in tampering with the mails. Whenever a telephone line is tapped, the privacy of the persons at both ends of the line is invaded and all conversations between them upon any subject, and, although proper, confidential and privileged, may be overheard. Moreover, the tapping of one man’s telephone line involves the tapping of the telephone of every other person whom he may call or who may call him. As a means of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared with wire-tapping.

No, the most interesting part of the latest Torture Report details almost falls off the end of the page over at The Huffington Post. It's more hints of CIA spying, ones that go a bit further than previously covered. According to sources familiar with the CIA inspector general report that details the alleged abuses by agency officials, CIA agents impersonated Senate staffers in order to gain access to Senate communications and drafts of the Intelligence Committee investigation. These sources requested anonymity because the details of the agency's inspector general report remain classified. "If people knew the details of what they actually did to hack into the Senate computers to go search for the torture document, jaws would drop. It's straight out of a movie," said one Senate source familiar with the document. Impersonating staff to gain access to Senate Torture Report work material would be straight-up espionage. Before we get to the response that mitigates the severity of this allegation, let's look at what we do know.

The CIA accessed the Senate's private network to (presumably) gain access to works-in-progress. This was denied (badly) by CIA director John Brennan. The CIA also claimed Senate staffers had improperly accessed classified documents and reported them to the DOJ, even though they knew the charges were false. Then, after Brennan told his agency to stop spying on the Senate, agents took it upon themselves to improperly access Senate email accounts. This is all gleaned from a few public statements and a one-page summary of an Inspector General's report -- the same unreleased report EPIC is currently suing the agency over. Now, there's this: accusations that the CIA impersonated Senate staffers in hopes of accessing Torture Report documents. Certainly a believable accusation, considering the tactics it's deployed in the very recent past. This is being denied -- or, at least, talked around.

A person familiar with the events surrounding the dispute between the CIA and Intelligence Committee said the suggestion that the agency posed as staff to access drafts of the study is untrue. “CIA simply attempted to determine if its side of the firewall could have been accessed through the Google search tool. CIA did not use administrator access to examine [Intelligence Committee] work product,” the source said. So, it was a just an innocuous firewall test. And according to this explanation, it wasn't done to examine the Senate's in-progress Torture Report. But this narrative meshes with previous accusations, including those detailed in the Inspector General's report. Logging on to the shared drives with Senate credentials would allow agents to check the firewall for holes. But it also would allow them to see other Senate documents, presumably only accessible from that "side" of the firewall. While there's been no mention of "impersonation" up to this point, the first violation highlighted by the IG's report seems to be the most likely explanation of what happened here.

NoScript NoScript is a free extension for Mozilla-based web browsers, including Firefox. It blocks executable web content by default. This blocking includes JavaScript, Java, Flash and Silverlight. You can whitelist sites if you want to use such content on a site-by-site basis. Or, if you choose, you can make all sites active by default and choose to blacklist sites you think might be dangerous. A visual button tells you if active content has been blocked on the current site.

A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."

While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.

While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)

Jeffrey A. Sterling, a former Central Intelligence Agency officer, was convicted of espionage Monday on charges that he told a reporter for The New York Times about a secret operation to disrupt Iran’s nuclear program.The conviction is a significant victory for the Obama administration, which has conducted an unprecedented crackdown on officials who speak to journalists about security matters without the administration’s approval. Prosecutors prevailed after a yearslong fight in which the reporter, James Risen, refused to identify his sources.

On the third day of deliberations, the jury in federal court in Alexandria, Va., convicted Mr. Sterling on nine felony counts. Mr. Sterling, who worked for the C.I.A. from 1993 to 2002 and now lives in O’Fallon, Mo., faces a maximum possible sentence of decades in prison, though the actual sentence is likely to be far shorter. Judge Leonie M. Brinkema of Federal District Court, who presided over the weeklong trial, allowed Mr. Sterling to remain free on bond and set sentencing for April 24.

The Justice Department had no direct proof that Mr. Sterling, who managed the Iranian operation, provided the information to Mr. Risen, but prosecutors stitched together a strong circumstantial case.

Most sentient people rationally accept that the U.S. media routinely disseminates misleading stories and outright falsehoods in the most authoritative tones. But it’s nonetheless valuable to examine particularly egregious case studies to see how that works. In that spirit, let’s take yesterday’s numerous, breathless reports trumpeting the “BREAKING” news that “Edward Snowden now wants to come home!” and is “now negotiating the terms of his return!” Ever since Snowden revealed himself to the public 20 months ago, he has repeatedly said the same exact thing when asked about his returning to the U.S.: I would love to come home, and would do so if I could get a fair trial, but right now, I can’t. His primary rationale for this argument has long been that under the Espionage Act, the 1917 statute under which he has been charged, he would be barred by U.S. courts from even raising his key defense: that the information he revealed to journalists should never have been concealed in the first place and he was thus justified in disclosing it to journalists. In other words, when U.S. political and media figures say Snowden should “man up,” come home and argue to a court that he did nothing wrong, they are deceiving the public, since they have made certain that whistleblowers charged with “espionage” are legally barred from even raising that defense.

Snowden has also pointed out that legal protections for whistleblowers are explicitly inapplicable to those, like him, who are employed by private contractors (rendering President Obama’s argument about why Snowden should “come home” entirely false). One month after Snowden was revealed, Daniel Ellsberg wrote an Op-Ed in the Washington Post arguing that Snowden did the right thing in leaving the U.S. because he would not be treated fairly, and argued Snowden should not return until he is guaranteed a fully fair trial. Snowden has said all of this over and over. In June 2013, when I asked him during the online Guardian chat why he left the U.S. for Hong Kong, he said: “the US Government, just as they did with other whistleblowers, immediately and predictably destroyed any possibility of a fair trial at home . . . That’s not justice, and it would be foolish to volunteer yourself to it if you can do more good outside of prison than in it.” In January 2014, AP reported about a new online chat Snowden gave: “Snowden said returning would be the best resolution. But Snowden said he can’t return because he wouldn’t be allowed to argue at trial that he acted in the public interest when he revealed the National Security Agency’s mass surveillance programs.” In that chat, he said: “Returning to the US, I think, is the best resolution for the government, the public, and myself.”

Gingrich: “I think if we can find a way to get him home, get the rest of the documents that he has not leaked . . . it’s worth doing, but I think he’d have to serve jail time, and it’d probably be fairly lengthy. I don’t think the country would tolerate this level of betrayal, not having some very significant jail time — Blitzer: “You say lengthy. What do you think? Gingrich: “I’m not an expert in this, but I’d say more than 10 years.” Where to start? First, Gingrich’s belief that it’s possible to “get the rest of the documents that he has not leaked” is simply adorable. Second, Gingrich is a fascinating choice for CNN to have pontificate on proper punishments given that he is the first House Speaker to ever be punished for ethics violations, for which he was fined $300,000. Third, David Petraeus was just allowed to plead guilty for leaking extremely sensitive secrets — not out of a whistleblowing desire to inform the public but simply to satisfy his mistress — and will almost certainly spend no time in jail; Gingrich, Blitzer, Ignatius and friends would never dare suggest that the General should go to prison (just as DC’s stern law-and-order advocates who demand Snowden’s imprisonment would never dare suggest the same for James Clapper for having lied to Congress).

Chancellor Angela Merkel’s government is planning to scrap a no-spy agreement Germany has held with Britain and the United States since 1945 in response to an embarrassing US-German intelligence service scandal which has deeply soured relations between Berlin and Washington. The unprecedented change to Berlin’s counter-espionage policy was announced by Ms Merkel’s Interior Minister, Thomas de Maizière. He said that Berlin wanted “360‑degree surveillance” of all intelligence-gathering operations in Germany.The intelligence services of the Allied victors, the United States, Britain and France, have hitherto been regarded as “friendly” to Germany. Their diplomatic and information-gathering activities were exempted from surveillance by Berlin’s equivalent of M15 – the Bundesnachrichtendienst (BND).But Mr de Maizière told Bild that he was now not ruling out permanent German counter-espionage surveillance of US, British and French intelligence operations. His remarks were echoed by Stephan Mayer, a domestic security spokesman for Ms Merkel’s ruling Christian Democrats. “We must focus more strongly on our so-called allies,” he said.

US secret services have recruited more than a dozen officials in various German government ministries to work as spies, with some of them working for the CIA for many years, a German tabloid reported on Sunday. Following previous espionage scandals in Germany, with several suspected US agents exposed in July, a report of more spies infiltrating German ministries was published by Bild am Sonntag, Germany's largest-selling national Sunday paper. The alleged spies work within the country's defense, development, economic, and interior ministries, reported the paper, referring to unnamed sources in the US intelligence community. Due to the current diplomacy tensions between Washington and Berlin, caused by espionage concerns, the spies are reportedly not meeting with their US handlers at the moment, according to Bild. Several inquiries into the activities of American embassies in Prague and Warsaw have been initiated, as US intelligence agencies are reportedly considering basing their recruitment activities there.

Soon after the U.S. and other major powers entered negotiations last year to curtail Iran’s nuclear program, senior White House officials learned Israel was spying on the closed-door talks. The spying operation was part of a broader campaign by Israeli Prime Minister Benjamin Netanyahu’s government to penetrate the negotiations and then help build a case against the emerging terms of the deal, current and former U.S. officials said. In addition to eavesdropping, Israel acquired information from confidential U.S. briefings, informants and diplomatic contacts in Europe, the officials said.

The espionage didn’t upset the White House as much as Israel’s sharing of inside information with U.S. lawmakers and others to drain support from a high-stakes deal intended to limit Iran’s nuclear program, current and former officials said. “It is one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal U.S. secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” said a senior U.S. official briefed on the matter.

The U.S. and Israel, longtime allies who routinely swap information on security threats, sometimes operate behind the scenes like spy-versus-spy rivals. The White House has largely tolerated Israeli snooping on U.S. policy makers—a posture Israel takes when the tables are turned. The White House discovered the operation, in fact, when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said. Israeli officials denied spying directly on U.S. negotiators and said they received their information through other means, including close surveillance of Iranian leaders receiving the latest U.S. and European offers. European officials, particularly the French, also have been more transparent with Israel about the closed-door discussions than the Americans, Israeli and U.S. officials said.

The United States government has already declared that in regards to what it alleges to be a Russian cyberattack against the U.S. Democratic Party, the U.S. reserves the right to go to war against Russia. NATO has accordingly changed its policy so as to assert that a cyberattack (in this case actually cyber-espionage, such as the U.S. government itself perpetrates against even its own allies such as Angela Merkel by tapping her phone) constitutes an act of war by the alleged cyberattacker, and so requires all NATO member nations to join any cyberattacked NATO nation in war against its alleged (cyber)attacker, if the cyberattacked member declares war against its alleged cyberattacker. Excuses are being sought for a war against Russia; and expanding the definition of “invasion,” to include mere espionage, is one such excuse. But it’s not the only one that the Obama Administration has cooked up. U.S. Senator Mike Lee has asserted that President Barack Obama must obtain a declaration of war against Syria — which is allied with and defended by Russia — before invading Syria. Syria has, for the past few years, already been invaded by tens of thousands of foreign jihadists (financed mainly by the royal Sauds and Qataris, and armed mainly with U.S. weaponry) who are trying to overthrow and replace the Syrian government so that pipelines can be built through Syria into Europe to transport Saudi oil and Qatari gas into the EU, the world’s biggest energy-market, which now is dominated by Russia’s oil and gas. Since Syria is already being defended by Russia (those royals’ major competitor in the oil and gas markets), America’s invasion of Syria would necessarily place U.S. and Russia into an air-war against each other (for the benefit of those royal Arabs — who finance jihadist groups, as even Hillary Clinton acknowledges): Syria would thus become a battleground in a broader war against Russia. So: declaring war against Syria would be a second excuse for World War III, and one which would especially serve the desires not only of U.S. ‘defense’ firms but of the U.S. aristocracy’s royal Arabic allies, who buy much of those ‘defense’ firms’ exports (weaponry), and also U.S. oilfield services firms such as pipelines by Halliburton. (It’s good business for them, no one else. Taxpayers and war-victims pay, but those corporations — and royal families — would profit.)

The U.S. government also declares that Russia ‘conquered’ Crimea in 2014 and that Russia must restore it to Ukraine. The U.S. government wants Ukraine to be accepted into NATO, so that all NATO nations will be at war against Russia if Russia doesn’t return Crimea to Ukraine, of which Crimea had only briefly (1954-2014) been a part, until Crimeans voted on 16 March 2014 to rejoin Russia. This Crimean issue is already the basis for America’s economic sanctions against Russia, and thus Russia’s continuing refusal to coerce Crimeans to accept again being part of Ukraine would be yet a third excuse for WW III.

Hillary Clinton says “As President, I will make it clear, that the United States will treat cyber attacks just like any other attack.” She alleges that when information was unauthorizedly made public from Democratic National Committee computers, the cyberattacker was Russia. She can be counted as a strong proponent of that excuse for WW3. She’s with Barack Obama and the other neocons on that. She has furthermore said that the U.S. should shoot down any Russian and Syrian bombers in Syria — the phrase for that proposed U.S. policy is to “establish a no-fly zone” there. She makes clear: “I am advocating the no-fly zone.” It would be war against not only Syria, but Russia. (After all: a no-fly zone in which the U.S. is shooting down the government’s planes and Russia’s planes, would be war by the U.S. against both Syria and Russia, but that’s what she wants to do.) She can thus be counted as a strong proponent of those two excuses for WW3.

The Pentagon will send hundreds of additional spies overseas as part of an ambitious plan to assemble an espionage network that rivals the CIA in size, U.S. officials said. The project is aimed at transforming the Defense Intelligence Agency, which has been dominated for the past decade by the demands of two wars, into a spy service focused on emerging threats and more closely aligned with the CIA and elite military commando units.

When the expansion is complete, the DIA is expected to have as many as 1,600 “collectors” in positions around the world, an unprecedented total for an agency whose presence abroad numbered in the triple digits in recent years.

The US has admitted using a secret system to mine the systems of the biggest technology companies to spy on millions of people's online activity, overshadowing attempts by Barack Obama to force China to abandon its cyber-espionage program. As concern mounted over the sweeping nature of US surveillance, the director of national intelligence, James Clapper, confirmed revelations by the Guardian that the National Security Agency uses companies such as Google, Facebook and Apple to obtain information that includes the content of emails and online files.

Having watched the Obama administration prosecute whistleblowers at a historically unprecedented rate, he fully expects the US government to attempt to use all its weight to punish him. "I am not afraid," he said calmly, "because this is the choice I've made."He predicts the government will launch an investigation and "say I have broken the Espionage Act and helped our enemies, but that can be used against anyone who points out how massive and invasive the system has become".

US whistle-blower Edward Snowden yesterday emerged from hiding in Hong Kong and revealed to the South China Morning Post that he will stay in the city to fight likely attempts by his government to have him extradited for leaking state secrets. In an exclusive interview carried out from a secret location in the city, the former Central Intelligence Agency analyst also made explosive claims that the US government had been hacking into computers in Hong Kong and on the mainland for years.

Snowden believed there had been more than 61,000 NSA hacking operations globally, with hundreds of targets in Hong Kong and on the mainland. “We hack network backbones – like huge internet routers, basically – that give us access to the communications of hundreds of thousands of computers without having to hack every single one,” he said.

Snowden's revelations threaten to test new attempts to build US-Sino bridges after a weekend summit in California between the nations' presidents, Barack Obama and Xi Jinping. If true, Snowden's allegations lend credence to China's longstanding position that it is as much a victim of hacking as a perpetrator, after Obama pressed Xi to rein in cyber-espionage by the Chinese military.