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Paul Merrell

Court gave NSA broad leeway in surveillance, documents show - The Washington Post - 0 views

  • Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.
  • The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.
  • On Friday, the Office of the Director of National Intelligence released a transparency report stating that in 2013 the government targeted nearly 90,000 foreign individuals or organizations for foreign surveillance under the program. Some tech-industry lawyers say the number is relatively low, considering that several billion people use U.S. e-mail services.
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  • That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules
  • Still, some lawmakers are concerned that the potential for intrusions on Americans’ privacy has grown under the 2008 law because the government is intercepting not just communications of its targets but communications about its targets as well. The expansiveness of the foreign-powers certification increases that concern.
  • In a 2011 FISA court opinion, a judge using an NSA-provided sample estimated that the agency could be collecting as many as 46,000 wholly domestic e-mails a year that mentioned a particular target’s e-mail address or phone number, in what is referred to as “about” collection. “When Congress passed Section 702 back in 2008, most members of Congress had no idea that the government was collecting Americans’ communications simply because they contained a particular individual’s contact information,” Sen. Ron Wyden (D-Ore.), who has co-sponsored ­legislation to narrow “about” collection authority, said in an e-mail to The Washington Post. “If ‘about the target’ collection were limited to genuine national security threats, there would be very little privacy impact. In fact, this collection is much broader than that, and it is scooping up huge amounts of Americans’ wholly domestic communications.”
  • The only reason the court has oversight of the NSA program is that Congress in 2008 gave the government a new authority to gather intelligence from U.S. companies that own the Internet cables running through the United States, former officials noted. Edgar, the former privacy officer at the Office of the Director of National Intelligence, said ultimately he believes the authority should be narrowed. “There are valid privacy concerns with leaving these collection decisions entirely in the executive branch,” he said. “There shouldn’t be broad collection, using this authority, of foreign government information without any meaningful judicial role that defines the limits of what can be collected.”
Paul Merrell

Edward Snowden, a year on: reformers frustrated as NSA preserves its power | World news... - 1 views

  • For two weeks in May, it looked as though privacy advocates had scored a tenuous victory against the widespread surveillance practices exposed by Edward Snowden a year ago. Then came a resurgent intelligence community, armed with pens, and dry, legislative language.During several protracted sessions in secure rooms in the Capitol, intelligence veterans, often backed by the congressional leadership, sparred with House aides to abridge privacy and transparency provisions contained in the first bill rolling back National Security Agency spying powers in more than three decades. The revisions took place in secret after two congressional committees had passed the bill. The NSA and its allies took creative advantage of a twilight legislative period permitting technical or cosmetic language changes.The episode shows the lengths to which the architects and advocates of bulk surveillance have gone to preserve their authorities in the time since the Guardian, 12 months ago today, began disclosing the scope of NSA data collection. That resistance to change, aided by the power and trust enjoyed by the NSA on Capitol Hill, helps explain why most NSA powers remain intact a year after the largest leak in the agency's histo
  • But exactly one year on, the NSA’s greatest wound so far has been its PR difficulties. The agency, under public pressure, has divested itself of exactly one activity, the bulk collection of US phone data. Yet while the NSA will not itself continue to gather the data directly, the major post-Snowden legislative fix grants the agency wide berth in accessing and searching large volumes of phone records, and even wider latitude in collecting other kinds of data.There are no other mandated reforms.
  • Some NSA critics look to the courts for a fuller tally of their victories in the wake of the Snowden disclosures. Judges have begun to permit defendants to see evidence gathered against them that had its origins in NSA email or call intercepts, which could disrupt prosecutions or invalidate convictions. At least one such defendant, in Colorado, is seeking the exclusion of such evidence, arguing that its use in court is illegal.Still other cases challenging the surveillance efforts have gotten beyond the government’s longtime insistence that accusers cannot prove they were spied upon, as the Snowden trove demonstrated a dragnet that presumptively touched every American’s phone records. This week, an Idaho federal judge implored the supreme court to settle the question of the bulk surveillance's constitutionality."The litigation now is about the merits. It’s about the lawfulness of the surveillance program," said Jameel Jaffer, the ACLU’s deputy legal director.
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  • The Freedom Act ultimately sped to passage in the House on May 22 by a bipartisan 303-121 vote. NSA advocates who had blasted its earlier version as hazardous to national security dropped their objections – largely because they had no more reason.Accordingly, the compromise language caused civil libertarians and technology groups not just to abandon the Freedom Act that they had long championed, but to question whether it actually banned bulk data collection. The government could acquire call-records data up to two degrees of separation from any "reasonable articulable suspicion" of wrongdoing, potentially representing hundreds or thousands of people on a single judicial order." That was not all.
  • "As the bill stands today, it could still permit the collection of email records from everyone who uses a particular email service," warned a Google legislative action alert after the bill passed the House. In a recent statement, cloud-storage firm Tresorit lamented that "there still has been no real progress in achieving truly effective security for consumer and corporate information."No one familiar with the negotiations alleges the NSA or its allies broke the law by amending the bill during the technical-fix period. But it is unusual for substantive changes to be introduced secretly after a bill has cleared committee and before its open debate by the full Senate or House."It is not out of order, but major changes in substance are rare, and appropriately so," said Norman Ornstein, an expert on congressional procedure at the American Enterprise Institute.Steve Aftergood, an intelligence policy analyst at the Federation of American Scientists, said the rewrites to the bill were an "invitation to cynicism."
  • "There does seem to be a sort of gamesmanship to it. Why go through all the troubling of crafting legislation, enlisting support and co-sponsorship, and adopting compromises if the bill is just going to be rewritten behind closed doors anyway?" Aftergood said.
  • Civil libertarians and activists now hope to strengthen the bill in the Senate. Its chief sponsor, Patrick Leahy of Vermont, vowed to take it up this month, and to push for "meaningful reforms" he said he was "disappointed" the House excluded. Obama administration officials will testify in the Senate intelligence committee about the bill on Thursday afternoon, the first anniversary of the Guardian's disclosure of bulk domestic phone records collection. That same day, Reddit, Imgur and other large websites will stage an online "Reset The Net" protest of NSA bulk surveillance.But the way the bill "morphed behind the scenes," as Lofgren put it, points to the obstacles such efforts face. It also points to a continuing opportunity for the NSA to say that Congress has actually blessed widespread data collection – a claim made after the Snowden leaks, despite most members of Congress and the public not knowing that NSA and the Fisa court secretly reinterpreted the Patriot Act in order to collect all US phone records.
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    Good Guardian article on how the American Freedom Act as reported out of House committees was gutted in secret meetings between key representatives and NSA (and other Executive Branch) officials. The House of Representatives kisses the feet of Dark Government. 
Paul Merrell

Deutsche Telekom to follow Vodafone in revealing surveillance | World news | The Guardian - 0 views

  • Germany's biggest telecoms company is to follow Vodafone in disclosing for the first time the number of surveillance requests it receives from governments around the world.Deutsche Telekom, which owns half of Britain's EE mobile network and operates in 14 countries including the US, Spain and Poland, has already published surveillance data for its home nation – one of the countries that have reacted most angrily to the Edward Snowden revelations. In the wake of Vodafone's disclosures, first published in the Guardian on Friday, it announced that it would extend its disclosures to every other market where it operates and where it is legal.A spokeswoman for Deutsche Telekom, which has 140 million customers worldwide, said: "Deutsche Telekom has initially focused on Germany when it comes to disclosure of government requests. We are currently checking if and to what extent our national companies can disclose information. We intend to publish something similar to Vodafone."
  • Bosses of the world's biggest mobile networks, many of which have headquarters in Europe, are gathering for an industry conference in Shanghai this weekend, and the debate is expected to centre on whether they should join Deutsche and Vodafone in using transparency to push back against the use of their technology for government surveillance.Mobile companies, unlike social networks, cannot operate without a government-issued licence, and have previously been reluctant to discuss the extent of their cooperation with national security and law enforcement agencies.But Vodafone broke cover on Friday by confirming that in around half a dozen of the markets in which it operates, governments in Europe and outside have installed their own secret listening equipment on its network and those of other operators.
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    Looks like Vodafone broke a government transparency logjam on government surveillance via digital communications, as to disclosure of raw totals of search warrants by nations other than the U.S. 
Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
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  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
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    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Paul Merrell

Operation AURORAGOLD: How the NSA Hacks Cellphone Networks Worldwide - 0 views

  • In March 2011, two weeks before the Western intervention in Libya, a secret message was delivered to the National Security Agency. An intelligence unit within the U.S. military’s Africa Command needed help to hack into Libya’s cellphone networks and monitor text messages. For the NSA, the task was easy. The agency had already obtained technical information about the cellphone carriers’ internal systems by spying on documents sent among company employees, and these details would provide the perfect blueprint to help the military break into the networks. The NSA’s assistance in the Libya operation, however, was not an isolated case. It was part of a much larger surveillance program—global in its scope and ramifications—targeted not just at hostile countries.
  • According to documents contained in the archive of material provided to The Intercept by whistleblower Edward Snowden, the NSA has spied on hundreds of companies and organizations internationally, including in countries closely allied to the United States, in an effort to find security weaknesses in cellphone technology that it can exploit for surveillance. The documents also reveal how the NSA plans to secretly introduce new flaws into communication systems so that they can be tapped into—a controversial tactic that security experts say could be exposing the general population to criminal hackers. Codenamed AURORAGOLD, the covert operation has monitored the content of messages sent and received by more than 1,200 email accounts associated with major cellphone network operators, intercepting confidential company planning papers that help the NSA hack into phone networks.
  • Karsten Nohl, a leading cellphone security expert and cryptographer who was consulted by The Intercept about details contained in the AURORAGOLD documents, said that the broad scope of information swept up in the operation appears aimed at ensuring virtually every cellphone network in the world is NSA accessible.
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  • “Collecting an inventory [like this] on world networks has big ramifications,” Nohl said, because it allows the NSA to track and circumvent upgrades in encryption technology used by cellphone companies to shield calls and texts from eavesdropping. Evidence that the agency has deliberately plotted to weaken the security of communication infrastructure, he added, was particularly alarming. “Even if you love the NSA and you say you have nothing to hide, you should be against a policy that introduces security vulnerabilities,” Nohl said, “because once NSA introduces a weakness, a vulnerability, it’s not only the NSA that can exploit it.”
  • The AURORAGOLD operation is carried out by specialist NSA surveillance units whose existence has not been publicly disclosed: the Wireless Portfolio Management Office, which defines and carries out the NSA’s strategy for exploiting wireless communications, and the Target Technology Trends Center, which monitors the development of new communication technology to ensure that the NSA isn’t blindsided by innovations that could evade its surveillance reach. The center’s logo is a picture of the Earth overshadowed by a large telescope; its motto is “Predict – Plan – Prevent.”
  • The NSA documents reveal that, as of May 2012, the agency had collected technical information on about 70 percent of cellphone networks worldwide—701 of an estimated 985—and was maintaining a list of 1,201 email “selectors” used to intercept internal company details from employees. (“Selector” is an agency term for a unique identifier like an email address or phone number.) From November 2011 to April 2012, between 363 and 1,354 selectors were “tasked” by the NSA for surveillance each month as part of AURORAGOLD, according to the documents. The secret operation appears to have been active since at least 2010.
  • By covertly monitoring GSMA working groups in a bid to identify and exploit security vulnerabilities, the NSA has placed itself into direct conflict with the mission of the National Institute for Standards and Technology, or NIST, the U.S. government agency responsible for recommending cybersecurity standards in the United States. NIST recently handed out a grant of more than $800,000 to GSMA so that the organization could research ways to address “security and privacy challenges” faced by users of mobile devices. The revelation that the trade group has been targeted for surveillance may reignite deep-seated tensions between NIST and NSA that came to the fore following earlier Snowden disclosures. Last year, NIST was forced to urge people not to use an encryption standard it had previously approved after it emerged NSA had apparently covertly worked to deliberately weaken it.
  • The NSA focuses on intercepting obscure but important technical documents circulated among the GSMA’s members known as “IR.21s.” Most cellphone network operators share IR.21 documents among each other as part of agreements that allow their customers to connect to foreign networks when they are “roaming” overseas on a vacation or a business trip. An IR.21, according to the NSA documents, contains information “necessary for targeting and exploitation.” The details in the IR.21s serve as a “warning mechanism” that flag new technology used by network operators, the NSA’s documents state. This allows the agency to identify security vulnerabilities in the latest communication systems that can be exploited, and helps efforts to introduce new vulnerabilities “where they do not yet exist.” The IR.21s also contain details about the encryption used by cellphone companies to protect the privacy of their customers’ communications as they are transmitted across networks. These details are highly sought after by the NSA, as they can aid its efforts to crack the encryption and eavesdrop on conversations.
  • One of the prime targets monitored under the AURORAGOLD program is the London-headquartered trade group, the GSM Association, or the GSMA, which represents the interests of more than 800 major cellphone, software, and internet companies from 220 countries. The GSMA’s members include U.S.-based companies such as Verizon, AT&T, Sprint, Microsoft, Facebook, Intel, Cisco, and Oracle, as well as large international firms including Sony, Nokia, Samsung, Ericsson, and Vodafone. The trade organization brings together its members for regular meetings at which new technologies and policies are discussed among various “working groups.” The Snowden files reveal that the NSA specifically targeted the GSMA’s working groups for surveillance.
  • Last year, the Washington Post reported that the NSA had already managed to break the most commonly used cellphone encryption algorithm in the world, known as A5/1. But the information collected under AURORAGOLD allows the agency to focus on circumventing newer and stronger versions of A5 cellphone encryption, such as A5/3. The documents note that the agency intercepts information from cellphone operators about “the type of A5 cipher algorithm version” they use, and monitors the development of new algorithms in order to find ways to bypass the encryption. In 2009, the British surveillance agency Government Communications Headquarters conducted a similar effort to subvert phone encryption under a project called OPULENT PUP, using powerful computers to perform a “crypt attack” to penetrate the A5/3 algorithm, secret memos reveal. By 2011, GCHQ was collaborating with the NSA on another operation, called WOLFRAMITE, to attack A5/3 encryption. (GCHQ declined to comment for this story, other than to say that it operates within legal parameters.)
  • The extensive attempts to attack cellphone encryption have been replicated across the Five Eyes surveillance alliance. Australia’s top spy agency, for instance, infiltrated an Indonesian cellphone company and stole nearly 1.8 million encryption keys used to protect communications, the New York Times reported in February.
  • The NSA’s documents show that it focuses on collecting details about virtually all technical standards used by cellphone operators, and the agency’s efforts to stay ahead of the technology curve occasionally yield significant results. In early 2010, for instance, its operatives had already found ways to penetrate a variant of the newest “fourth generation” smartphone-era technology for surveillance, years before it became widely adopted by millions of people in dozens of countries. The NSA says that its efforts are targeted at terrorists, weapons proliferators, and other foreign targets, not “ordinary people.” But the methods used by the agency and its partners to gain access to cellphone communications risk significant blowback. According to Mikko Hypponen, a security expert at Finland-based F-Secure, criminal hackers and foreign government adversaries could be among the inadvertent beneficiaries of any security vulnerabilities or encryption weaknesses inserted by the NSA into communication systems using data collected by the AURORAGOLD project.
  • Vines, the NSA spokeswoman, told The Intercept that the agency was committed to ensuring an “open, interoperable, and secure global internet.” “NSA deeply values these principles and takes great care to honor them in the performance of its lawful foreign-intelligence mission,” Vines said.
  • Documents published with this article: AURORAGOLD – Project Overview AURORAGOLD Working Group IR.21 – A Technology Warning Mechanism AURORAGOLD – Target Technology Trends Center support to WPMO NSA First-Ever Collect of High-Interest 4G Cellular Signal AURORAGOLD Working Aid WOLFRAMITE Encryption Attack OPULENT PUP Encryption Attack NSA/GCHQ/CSEC Network Tradecraft Advancement Team
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    Notice that they've cracked even 4G.
Paul Merrell

White House: racial slurs in NSA intelligence material 'unacceptable' | World news | Th... - 0 views

  • The White House has instructed US security agencies to review their training and policy materials for racial or religious bias after documents leaked by Edward Snowden showed training material for the intelligence agencies referring to "Mohammed Raghead".After an extensive investigation by the Intercept on Wednesday reported that the NSA and the FBI spied on the emails of five prominent US activists and attorneys with Muslim backgrounds, White House spokeswoman Caitlin Hayden said that the administration took accusations of the slurs "extremely seriously." "Upon learning of this matter, the White House immediately requested that the director of national intelligence undertake an assessment of intelligence community policies, training standards or directives that promote diversity and tolerance, and as necessary, make any recommendations changes or additional reforms," Hayden said.It is at least the second time the White House has ordered a review of agency training materials said to include offensive language.
  • Hayden declined to provide additional detail on the scope or duration of the investigation. But it is reminiscent of an earlier incident in which the White House ordered the government's vast counter-terrorism apparatus to find and purge inflammatory training material, particularly that which singled out Muslims for particular scrutiny. In 2011, this reporter published FBI training material instructing newer counter-terrorism agents that Islam itself was a threat to US national security and compared the prophet Muhammad to a cult leader. Initial FBI pushback gave way to an inquiry, at the instruction of the White House, that removed significant quantities of offensive or imprecise training material. That instruction came six years after the "Mohammed Raghead" material and stretched far beyond the FBI. Anti-Islam training material, including some urging "Hiroshima" tactics against Islamic nations, was found and removed from professional education courses for US military officers, at the behest of Army General Martin Dempsey, the chairman of the joint chiefs of staff.
  • The accusation is one of the gravest the US intelligence agencies have faced in the year since the Guardian and other news outlets began publishing material leaked by Snowden. A central aspect of the intelligence agency's public defense is that it cannot surveil US persons for constitutionally-protected activity and that its court-certified privacy protections are too robust to allow for privacy intrusions of the sort the Intercept reported.The allegation threatens to sever the tenuous relationship between US law enforcement and surveillance agencies and American Muslim communities, many of whom have long suspected that their government views them as an internal threat and not a population to be protected.The NSA, the Justice Department and the Office of the Director of National Intelligence sharply pushed back against the accusations that protected speech, unrelated to terrorism or espionage, turned American Muslims into counterterrorism targets.
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  • The Obama administration has strained to reconcile the vast counter-terrorism bureaucracy with its policy declarations that the US is not at war with Islam and has attempted, with mixed results, to cultivate a less militarized and security-focused relationship with US Muslims, often preferring the term "countering violent extremism" over "counter-terrorism".In some anti-Islam circles, the removal of the instructional material is infamous and considered evidence of an administration capitulation to Islam – the exact opposite of the concern raised by the Intercept on Wednesday. The Intercept report, by former Guardian columnist Glenn Greenwald, Murtaza Hussain and Josh Meyer, suggested a persistent counter-terrorism atmosphere in which the mixture of Muslim heritage or faith and political activism attracted the scrutiny of US security agencies, despite first amendment protections. It presented the cases of five American activists and attorneys of Muslim heritage who appear to have been targeted for surveillance, at least between 2002 and 2008. None have been charged with a crime.
  • US Muslim leaders and civil rights groups reacted with fury to the Intercept report.A coalition of 44 civil rights organizations wrote Obama on Wednesday to request a meeting with him, attorney general Eric Holder and FBI director James Comey. "In short, the government’s domestic counterterrorism policies treat entire minority communities as suspect, and American Muslims have borne the brunt of government suspicion, stigma and abuse," reads an open letter issued by a coalition that includes the ACLU, the Presbyterian Church (USA), the Arab-American Institute, and dozens of others.In a statement, the law firm Muslim Advocates said the spying, apparently conducted between 2002 and 2008, "confirms the worst fears of American Muslims"."The federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage," the group said. "The report clearly documents how biased training by the FBI leads to biased surveillance."
  • Vincent Warren, executive director of the Center for Constitutional Rights, issued a statement comparing the surveillance of Nihad Awad of the Council on American-Islamic Relations, named by the Intercept as one of the five surveillance targets, to the infamous surveillance of the Civil Rights Movement."The NSA’s surveillance of Nihad Awad and CAIR fits the same pattern as the FBI surveillance of Martin Luther King Jr, Ella Baker, Jesse Jackson, Malcolm X, and other leaders of the civil rights movement. Then it was based on manufactured suspicions of associations with the Communist party. Now it is seemingly based on unproven claims of tangential associations with Hamas," Warren said.
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    Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 4) Greater individual demand for, and use of, encryption.
  • 3) U.S. court proceedings.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
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    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

Edward Snowden comes forward as source of NSA leaks - The Washington Post - 0 views

  • A 29-year-old man who says he is a former undercover CIA employee said Sunday that he was the principal source of recent disclosures about ­top-secret National Security Agency programs, exposing himself to possible prosecution in an acknowledgment that had little if any precedent in the long history of U.S. intelligence leaks. Edward Snowden, a tech specialist who has contracted for the NSA and works for the consulting firm Booz Allen Hamilton, unmasked himself as a source after a string of stories in The Washington Post and the Guardian that detailed previously unknown U.S. surveillance programs. He said he disclosed secret documents in response to what he described as the systematic surveillance of innocent citizens.In an interview Sunday, Snowden said he is willing to face the consequences of exposure.“I’m not going to hide,” Snowden told The Post from Hong Kong, where he has been staying. “Allowing the U.S. government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest.”
  • Asked whether he believes that his disclosures will change anything, he said: “I think they already have. Everyone everywhere now understands how bad things have gotten — and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.”Snowden said nobody had been aware of his actions, including those closest to him. He said there was no single event that spurred his decision to leak the information, but he said President Obama has failed to live up to his pledges of transparency.“My sole motive is to inform the public as to that which is done in their name and that which is done against them,” he said in a note that accompanied the first document he leaked to The Post.The Guardian was the first to publicly identify Snowden, at his request.The White House said late Sunday that it would not have any comment on the matter.
  • In a brief statement, a spokesman for the Office of the Director of National Intelligence said the intelligence community is “reviewing the damage” the leaks have done. “Any person who has a security clearance knows that he or she has an obligation to protect classified information and abide by the law,” said the spokesman, Shawn Turner.Snowden said he is seeking “asylum from any countries that believe in free speech and oppose the victimization of global privacy,” but the law appears to provide for his extradition from Hong Kong, a semiautonomous territory of China, to the United States.
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  • Snowden’s name surfaced as top intelligence officials in the Obama administration and Congress pushed back against the journalists responsible for revealing the existence of sensitive surveillance programs and called for an investigation into the leaks.Clapper, in an interview with NBC that aired Saturday night, condemned the leaker’s actions but also sought to spotlight the journalists who first reported the programs, calling their disclosures irresponsible and full of “hyperbole.” Earlier Saturday, he issued a statement accusing the media of a “rush to publish.”“For me, it is literally — not figuratively — literally gut-wrenching to see this happen because of the huge, grave damage it does to our intelligence capabilities,” Clapper said.
  • A chief critic of the efforts, Sen. Rand Paul (R-Ky.), said he is considering filing a lawsuit against the government and called on 10 million Americans to join in.“I’m going to be asking all the Internet providers and all of the phone companies, ask your customers to join me in a class-action lawsuit,” Paul said on “Fox News Sunday.”
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    A new national hero springs forth, Edward Snowden. In related news, those who conduct surveillance for the government seem to object for some reason to being surveilled themselves. 
Paul Merrell

How Congress unknowingly legalized PRISM in 2007 - 0 views

  • On Sept. 11, 2007, the National Security Agency signed up Microsoft as its first partner for PRISM, a massive domestic surveillance program whose existence was reported by the Washington Post today. That’s barely a month after Congress passed, and President George W. Bush signed, the Protect America Act.
  • The Bush Administration portrayed the PAA as a technical fix designed to close a gap in America’s surveillance capabilities that had been opened by a then-recent ruling of the secretive Foreign Intelligence Surveillance Court (FISC). It proved to be much more than that. While the details are still classified, reports suggested that the FISC had ruled that it was illegal for the government to intercept communications between two foreign endpoints if the communications happened to pass through the United States. Warning that the U.S. would suddenly lose the ability to continue its surveillance of terrorists, the administration pushed the PAA through Congress in a matter of days.
  • In reality, the PAA represented a sweeping change to American surveillance law. Before conducting surveillance, the PAA only required executive branch officials to “certify” that there were “reasonable procedures” in place for ensuring that surveillance “concerns” persons located outside the United States and that the foreign intelligence is a “significant purpose” of the program. A single certification could cover a broad program intercepting the communications of numerous individuals. And there was no requirement for judicial review of individual surveillance targets within a “certified” program.
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  • Today’s report suggests that the moment the PAA was the law of the land, the NSA started using it to obtain unfettered access to the servers of the nation’s leading online services. To comply with the requirement that the government not target Americans, PRISM searches are reportedly “designed to produce at least 51 percent confidence in a target’s ‘foreignness’” — the lowest conceivable standard. PRISM training materials reportedly instruct users that if searches happen to turn up the private information of Americans, “it’s nothing to worry about.”
  • Retroactive immunity for telecom companies dominated the 2008 debate, overshadowing the more important issue of the sweeping new powers that Congress had just granted to the executive branch. When Congress finally passed the FISA Amendments Act in July 2008, it included both immunity and a four-year extension of the government’s warrantless spying powers. But few members of Congress realized the breadth of the surveillance powers they were effectively approving.
Paul Merrell

How the NSA's Surveillance Procedures Threaten Americans' Privacy | American Civil Libe... - 0 views

  • Newly released documents confirm what critics have long suspected—that the National Security Agency, a component of the Defense Department, is engaged in unconstitutional surveillance of Americans' communications, including their telephone calls and emails. The documents show that the NSA is conducting sweeping surveillance of Americans' international communications, that it is acquiring many purely domestic communications as well, and that the rules that supposedly protect Americans' privacy are weak and riddled with exceptions.
  • 3. The Procedures permit the government to conduct surveillance that has no real connection to the government's foreign intelligence interests. One of the fundamental problems with the Act is that it permits the government to conduct surveillance without probable cause or individualized suspicion. It permits the government to monitor people who aren't even thought to be doing anything wrong, and to do so without particularized warrants or meaningful review by impartial judges. Government officials have placed heavy emphasis on the fact that the Act allows the government to conduct surveillance only if one of its purposes is to gather "foreign intelligence information." That term, though, is defined very broadly to include not only information about terrorism but also information about intelligence activities, the national defense, and even "the foreign affairs of the United States." The Procedures weaken the limitation further. Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is whether it has been used in the past to communicate with foreigners. Another is whether it is listed in a foreigner's address book. In other words, the NSA seems to equate a propensity to communicate with foreigners with a propensity to communicate foreign intelligence information. The effect is to bring virtually every international communication within the reach of the NSA's surveillance.
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    "Among the things the NSA examines to determine whether a particular email address or phone number will be used to exchange foreign intelligence information is *whether it has been used in the past to communicate with foreigners."* Let that sink into your mind, please. Have you ever communicated with a foreigner? Have any of your communications ever been routed through servers in a foreign country? (The way the Internet works, it is an everyday event for just about anyone.) Does that constitute communication with a foreigner?  One of the many giant loopholes in the NSA's leaked procedures document for "minimizing" the collection of data on U.S. citizens.  
Paul Merrell

Senators accuse government of using 'secret law' to collect Americans' data | World new... - 0 views

  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say.
  • "This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."This is the strongest attack yet from Congress since the disclosures began, and comes after Clapper admitted he had given "the least untruthful answer possible" when pushed on these issues by Senators at a hearing before the latest revelations by the Guardian and the Washington Post.In a press statement, the group of senators added: "The recent public disclosures of secret government surveillance programs have exposed how secret interpretations of the USA Patriot Act have allowed for the bulk collection of massive amounts of data on the communications of ordinary Americans with no connection to wrongdoing."
  • They said: "Reliance on secret law to conduct domestic surveillance activities raises serious civil liberty concerns and all but removes the public from an informed national security and civil liberty debate." A spokesman for the office of the director of national intelligence (ODNI) acknowledged the letter. "The ODNI received a letter from 26 senators this morning requesting further engagement on vital intelligence programs recently disclosed in the media, which we are still evaluating. The intelligence and law enforcement communities will continue to work with all members of Congress to ensure the proper balance of privacy and protection for American citizens."The letter was organised by Oregan Democrat Ron Wyden, a member of the intelligence committee, but includes four Republican senators: Mark Kirk, Mike Lee, Lisa Murkowski and Dean Heller.
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  • The senators said they were seeking public answers to the following questions in order to give the American people the information they need to conduct an informed public debate. The specific questions include:• How long has the NSA used Patriot Act authorities to engage in bulk collection of Americans' records? Was this collection underway when the law was reauthorized in 2006?• Has the NSA used USA Patriot Act authorities to conduct bulk collection of any other types of records pertaining to Americans, beyond phone records?• Has the NSA collected or made any plans to collect Americans' cell-site location data in bulk?• Have there been any violations of the court orders permitting this bulk collection, or of the rules governing access to these records? If so, please describe these violations.
  • They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata."The Patriot Act's 'business records' authority can be used to give the government access to private financial, medical, consumer and firearm sales records, among others," said a press statement.In addition to raising concerns about the law's scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say."This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."
Paul Merrell

Let's check James Comey's Bush years record before he becomes FBI director | Laura Murp... - 0 views

  • Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention
  • It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.
  • There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.
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  • Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
  • The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him. It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted – in a federal court – in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
  • Everyone has a backstory, and the confirmation process should ensure the American public hears all relevant background information, both good and bad, when Comey appears before the Senate. Senators should insist that Comey explain his role during the Bush era and repudiate policies he endorsed on torture, indefinite detention, and illegal surveillance.The new FBI director will be around for the next decade. We need one who will respect the constitution and the rule of law; not one who will use discredited and illegal activities in the name of justice and safety.
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    Comey's not right for the FBI directorship this time around. The nation needs an FBI Director and Comey's role in government surveillance, torture, warrantless wiretapping, extraordinary rendition, and indefinite detention of a U.S. citizen. That's too much to get sorted out any time soon given the government shroud of secrecy on those topics. 
Paul Merrell

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

  • 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
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    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

Spying by N.S.A. Ally Entangled U.S. Law Firm - NYTimes.com - 0 views

  • The list of those caught up in the global surveillance net cast by the National Security Agency and its overseas partners, from social media users to foreign heads of state, now includes another entry: American lawyers. A top-secret document, obtained by the former N.S.A. contractor Edward J. Snowden, shows that an American law firm was monitored while representing a foreign government in trade disputes with the United States. The disclosure offers a rare glimpse of a specific instance in which Americans were ensnared by the eavesdroppers, and is of particular interest because lawyers in the United States with clients overseas have expressed growing concern that their confidential communications could be compromised by such surveillance. Related Coverage Text: Document Describes Eavesdropping on American Law FirmFEB. 15, 2014 The government of Indonesia had retained the law firm for help in trade talks, according to the February 2013 document. It reports that the N.S.A.’s Australian counterpart, the Australian Signals Directorate, notified the agency that it was conducting surveillance of the talks, including communications between Indonesian officials and the American law firm, and offered to share the information.
  • The Australians told officials at an N.S.A. liaison office in Canberra, Australia, that “information covered by attorney-client privilege may be included” in the intelligence gathering, according to the document, a monthly bulletin from the Canberra office. The law firm was not identified, but Mayer Brown, a Chicago-based firm with a global practice, was then advising the Indonesian government on trade issues. On behalf of the Australians, the liaison officials asked the N.S.A. general counsel’s office for guidance about the spying. The bulletin notes only that the counsel’s office “provided clear guidance” and that the Australian agency “has been able to continue to cover the talks, providing highly useful intelligence for interested US customers.” The N.S.A. declined to answer questions about the reported surveillance, including whether information involving the American law firm was shared with United States trade officials or negotiators.
  • Most attorney-client conversations do not get special protections under American law from N.S.A. eavesdropping. Amid growing concerns about surveillance and hacking, the American Bar Association in 2012 revised its ethics rules to explicitly require lawyers to “make reasonable efforts” to protect confidential information from unauthorized disclosure to outsiders.Last year, the Supreme Court, in a 5-to-4 decision, rebuffed a legal challenge to a 2008 law allowing warrantless wiretapping that was brought in part by lawyers with foreign clients they believed were likely targets of N.S.A. monitoring. The lawyers contended that the law raised risks that required them to take costly measures, like traveling overseas to meet clients, to protect sensitive communications. But the Supreme Court dismissed their fears as “speculative.”The N.S.A. is prohibited from targeting Americans, including businesses, law firms and other organizations based in the United States, for surveillance without warrants, and intelligence officials have repeatedly said the N.S.A. does not use the spy services of its partners in the so-called Five Eyes alliance — Australia, Britain, Canada and New Zealand — to skirt the law.
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  • The N.S.A.’s protections for attorney-client conversations are narrowly crafted, said Stephen Gillers, an expert on legal ethics at New York University’s School of Law. The agency is barred from sharing with prosecutors intercepted attorney-client communications involving someone under indictment in the United States, according to previously disclosed N.S.A. rules. But the agency may still use or share the information for intelligence purposes. Andrew M. Perlman, a Suffolk University law professor who specializes in legal ethics and technology issues, said the growth of surveillance was troubling for lawyers. He helped create the bar association’s ethics code revisions that require lawyers to try to avoid being overheard by eavesdroppers. “You run out of options very quickly to communicate with someone overseas,” he said. “Given the difficulty of finding anything that is 100 percent secure, lawyers are in a difficult spot to ensure that all of the information remains in confidence.” 
  • Still, the N.S.A. can intercept the communications of Americans if they are in contact with a foreign intelligence target abroad, such as Indonesian officials. The N.S.A. is then required to follow so-called minimization rules to protect their privacy, such as deleting the identity of Americans or information that is not deemed necessary to understand or assess the foreign intelligence, before sharing it with other agencies. An N.S.A. spokeswoman said the agency’s Office of the General Counsel was consulted when issues of potential attorney-client privilege arose and could recommend steps to protect such information. “Such steps could include requesting that collection or reporting by a foreign partner be limited, that intelligence reports be written so as to limit the inclusion of privileged material and to exclude U.S. identities, and that dissemination of such reports be limited and subject to appropriate warnings or restrictions on their use,” said Vanee M. Vines, the spokeswoman.
  • In justifying the agency’s sweeping powers, the Obama administration often emphasizes the N.S.A.’s role in fighting terrorism and cyberattacks, but disclosures in recent months from the documents leaked by Mr. Snowden show the agency routinely spies on trade negotiations, communications of economic officials in other countries and even foreign corporations.
  • Other documents obtained from Mr. Snowden reveal that the N.S.A. shares reports from its surveillance widely among civilian agencies. A 2004 N.S.A. document, for example, describes how the agency’s intelligence gathering was critical to the Agriculture Department in international trade negotiations. “The U.S.D.A. is involved in trade operations to protect and secure a large segment of the U.S. economy,” that document states. Top agency officials “often rely on SIGINT” — short for the signals intelligence that the N.S.A. eavesdropping collects — “to support their negotiations.”
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    Outrageous.
Paul Merrell

How a Court Secretly Evolved, Extending U.S. Spies' Reach - NYTimes.com - 0 views

  • Previously, with narrow exceptions, an intelligence agency was permitted to disseminate information gathered from court-approved wiretaps only after deleting irrelevant private details and masking the names of innocent Americans who came into contact with a terrorism suspect. The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.
  • The leaked documents that refer to the rulings, including one called the “Large Content FISA” order and several more recent expansions of powers on sharing information, add new details to the emerging public understanding of a secret body of law that the court has developed since 2001. The files help explain how the court evolved from its original task — approving wiretap requests — to engaging in complex analysis of the law to justify activities like the bulk collection of data about Americans’ emails and phone calls.“These latest disclosures are important,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. “They indicate how the contours of the law secretly changed, and they represent the transformation of the Foreign Intelligence Surveillance Court into an interpreter of law and not simply an adjudicator of surveillance applications.”
  • The number of Americans whose unfiltered personal information has been shared among agencies is not clear. Since the Sept. 11 attacks, the court has approved about 1,800 FISA orders each year authorizing wiretaps or physical searches — which can involve planting bugs in homes or offices, or copying hard drives — inside the United States. But the government does not disclose how many people had their private conversations monitored as a result.
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  • The new disclosures come amid a debate over whether the surveillance court, which hears arguments only from the Justice Department, should be restructured for its evolving role. Proposals include overhauling how judges are selected to serve on it and creating a public advocate to provide adversarial arguments when the government offers complex legal analysis for expanding its powers.
  • The Raw Take order, back in 2002, also relaxed limits on sharing private information about Americans with foreign governments. The bar was higher for sharing with outsiders: Raw information was not provided, and even information deemed relevant about a terrorism issue required special approval. Under procedures described in a 1984 report, only the attorney general could authorize such dissemination. But on Aug. 20, 2002, Attorney General John Ashcroft, citing the recent order, secretly issued new procedures allowing the N.S.A. to provide information to foreign governments without his clearance. “If the proposed recipient(s) of the dissemination have a history of human rights abuses, that history should be considered in assessing the potential for economic injury, physical harm, or other restriction of movement, and whether the dissemination should be made,” he wrote.
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    NYT publishes a new treasure trove of Snowden documents. This lead article links to documents and links to other articles that link documents. A must-read for those interested in how the FISA Court and Congress "grew" the law governing the scope of permissible surveillance and the scope of who would be given access to the fruits of that surveillance. 
Paul Merrell

Global terror alert inconsistent with U.S. portrayal of weakened al Qaida | McClatchy - 0 views

  • The Obama administration’s sweeping response to an alleged al Qaida plot – closing diplomatic posts in parts of Africa, the Middle East and Asia – suggests a terrorist organization that’s capable of striking virtually anywhere, not the one U.S. officials have depicted as a group that’s near defeat. Counterterrorism analysts said Monday that the U.S. government’s global response to a threat emanating from Yemen, home to al Qaida’s most active affiliate, was at odds with how dismissive President Barack Obama was in a speech in May, when he said that “not every collection of thugs that labels themselves as al Qaida will pose a credible threat to the United States.”That was only one of a series of public statements by Obama and his Cabinet members that played down the capabilities of al Qaida-linked groups. For at least the past two years, the administration has sought to reassure Americans that al Qaida is “on the run,” while counterterrorism experts were warning about the semiautonomous affiliates that have wreaked havoc in North Africa, Yemen, Iraq and Syria.
  • “The actions the administration is taking now are deeply inconsistent with the portrait of al Qaida strength the administration has been painting,” said Daveed Gartenstein-Ross, a counterterrorism specialist at the Foundation for Defense of Democracies, a Washington research institute.U.S. officials have been secretive about what precise information led to the worldwide travel advisory and embassy closings, but a Yemeni official told McClatchy on Sunday that authorities had intercepted “clear orders” from al Qaida leader Ayman Zawahiri to Nasir al Wuhayshi, the head of the affiliate in Yemen, to carry out an attack.
  • “It’s called politics. They know it’s not true,” said Aaron Zelin, who researches militants for the Washington Institute for Near East Policy and blogs about them at Jihadology.net. “The movement has grown over the past two years. The ideology is thriving.” Since the attacks last Sept. 11 on U.S. posts in the eastern Libyan city of Benghazi, the administration has dialed back some of that rhetoric and is now more careful to distinguish between “core al Qaida” – Zawahiri and his inner circle – and the resurgent affiliates in the Arabian Peninsula, North Africa, Iraq and Syria. At the White House on Monday, spokesman Jay Carney repeated that distinction, distancing the administration from some of the rosier language of the recent past. He insisted that the administration had made clear that al Qaida in the Arabian Peninsula was “of particular concern and has demonstrated both an interest in and a willingness to attempt serious attacks.”
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  • The State Department list of extended closings comprised embassies and consulates in Jordan, Egypt, Saudi Arabia, Qatar, the United Arab Emirates, Kuwait, Bahrain, Oman, Yemen, Libya, Djibouti, Sudan, Madagascar, Burundi, Rwanda and Mauritius, the last four of which hadn’t been among the first wave announced Friday. Embassies and consulates in Afghanistan, Algeria, Bangladesh, Iraq and Mauritania reopened Monday.
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    Was the "intelligence" real that sparked the closing of embassies across the Mideast and Northern Africa or was it fabricated to beef up Obama Administration claims of necessity to conduct dragnet NSA surveillance of electronic communications? Although not mentioned in this McClatchy report, other media outlets have disclosed that the claimed intercept was of a 20-person al-Qaeda leadership telephone conference call, which would suggest -- if one were to accept that version as fact -- that al-Qaeda leadership is oblivious to the facts spilling out around the NSA scandal. Certainly, there has been no effort made by the Administration to brand such disclosures about the "intelligence" as fabricated, nor has there been a call for prosecution of the leaker(s). But the Administration can't have it both ways; either they have no real concern about alerting al-Qaeda to specific instances of surveillance that would allow discernment of surveillance methods, which conflicts with the claimed need for secrecy on the scope of surveillance; or [ii] the "intelligence" was fabricated, embassies were closed, and the  "intelligence" leaked  purely to defend the NSA surveillance program politically in the U.S. 
Paul Merrell

White House surveillance reform plan - The Washington Post - 0 views

  • President Obama announced plans to pursue reforms that would open the legal proceedings surrounding the National Security Agency’s surveillance programs to greater scrutiny. » Obama announces proposals to reform NSA surveillance Obama administration white paper on NSA surveillance oversight
Paul Merrell

N.S.A. Report Outlined Goals for More Power - NYTimes.com - 0 views

  • Officials at the National Security Agency, intent on maintaining its dominance in intelligence collection, pledged last year to push to expand its surveillance powers, according to a top-secret strategy document.
  • In a February 2012 paper laying out the four-year strategy for the N.S.A.’s signals intelligence operations, which include the agency’s eavesdropping and communications data collection around the world, agency officials set an objective to “aggressively pursue legal authorities and a policy framework mapped more fully to the information age.” Written as an agency mission statement with broad goals, the five-page document said that existing American laws were not adequate to meet the needs of the N.S.A. to conduct broad surveillance in what it cited as “the golden age of Sigint,” or signals intelligence. “The interpretation and guidelines for applying our authorities, and in some cases the authorities themselves, have not kept pace with the complexity of the technology and target environments, or the operational expectations levied on N.S.A.’s mission,” the document concluded. Using sweeping language, the paper also outlined some of the agency’s other ambitions. They included defeating the cybersecurity practices of adversaries in order to acquire the data the agency needs from “anyone, anytime, anywhere.” The agency also said it would try to decrypt or bypass codes that keep communications secret by influencing “the global commercial encryption market through commercial relationships,” human spies and intelligence partners in other countries. It also talked of the need to “revolutionize” analysis of its vast collections of data to “radically increase operational impact.”
  • The N.S.A. document, titled “Sigint Strategy 2012-2016,” does not make clear what legal or policy changes the agency might seek. The N.S.A.’s powers are determined variously by Congress, executive orders and the nation’s secret intelligence court, and its operations are governed by layers of regulations. While asserting that the agency’s “culture of compliance” would not be compromised, N.S.A. officials argued that they needed more flexibility, according to the paper. Senior intelligence officials, responding to questions about the document, said that the N.S.A. believed that legal impediments limited its ability to conduct surveillance of terrorism suspects inside the United States. Despite an overhaul of national security law in 2008, the officials said, if a terrorism suspect who is under surveillance overseas enters the United States, the agency has to stop monitoring him until it obtains a warrant from the Foreign Intelligence Surveillance Court. “N.S.A.’s Sigint strategy is designed to guide investments in future capabilities and close gaps in current capabilities,” the agency said in a statement. “In an ever-changing technology and telecommunications environment, N.S.A. tries to get in front of issues to better fulfill the foreign-intelligence requirements of the U.S. government.”
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  • Critics, including some congressional leaders, say that the role of N.S.A. surveillance in thwarting terrorist attacks — often cited by the agency to justify expanded powers — has been exaggerated. In response to the controversy about its activities after Mr. Snowden’s disclosures, agency officials claimed that the N.S.A.’s sweeping domestic surveillance programs had helped in 54 “terrorist-related activities.” But under growing scrutiny, congressional staff members and other critics say that the use of such figures by defenders of the agency has drastically overstated the value of the domestic surveillance programs in counterterrorism. Agency leaders believe that the N.S.A. has never enjoyed such a target-rich environment as it does now because of the global explosion of digital information — and they want to make certain that they can dominate “the Sigint battle space” in the future, the document said. To be “optimally effective,” the paper said, “legal, policy and process authorities must be as adaptive and dynamic as the technological and operational advances we seek to exploit.” Intent on unlocking the secrets of adversaries, the paper underscores the agency’s long-term goal of being able to collect virtually everything available in the digital world. To achieve that objective, the paper suggests that the N.S.A. plans to gain greater access, in a variety of ways, to the infrastructure of the world’s telecommunications networks.
  • Yet the paper also shows how the agency believes it can influence and shape trends in high-tech industries in other ways to suit its needs. One of the agency’s goals is to “continue to invest in the industrial base and drive the state of the art for high performance computing to maintain pre-eminent cryptanalytic capability for the nation.” The paper added that the N.S.A. must seek to “identify new access, collection and exploitation methods by leveraging global business trends in data and communications services.” And it wants to find ways to combine all of its technical tools to enhance its surveillance powers. The N.S.A. will seek to integrate its “capabilities to reach previously inaccessible targets in support of exploitation, cyberdefense and cyberoperations,” the paper stated. The agency also intends to improve its access to encrypted communications used by individuals, businesses and foreign governments, the strategy document said. The N.S.A. has already had some success in defeating encryption, The New York Times has reported, but the document makes it clear that countering “ubiquitous, strong, commercial network encryption” is a top priority. The agency plans to fight back against the rise of encryption through relationships with companies that develop encryption tools and through espionage operations. In other countries, the document said, the N.S.A. must also “counter indigenous cryptographic programs by targeting their industrial bases with all available Sigint and Humint” — human intelligence, meaning spies.
  • Above all, the strategy paper suggests the N.S.A.’s vast view of its mission: nothing less than to “dramatically increase mastery of the global network.” Other N.S.A. documents offer hints of how the agency is trying to do just that. One program, code-named Treasure Map, provides what a secret N.S.A. PowerPoint presentation describes as “a near real-time, interactive map of the global Internet.” According to the undated PowerPoint presentation, disclosed by Mr. Snowden, Treasure Map gives the N.S.A. “a 300,000 foot view of the Internet.”  Relying on Internet routing data, commercial and Sigint information, Treasure Map is a sophisticated tool, one that the PowerPoint presentation describes as a “massive Internet mapping, analysis and exploration engine.” It collects Wi-Fi network and geolocation data, and between 30 million and 50 million unique Internet provider addresses — code that can reveal the location and owner of a computer, mobile device or router — are represented each day on Treasure Map, according to the document. It boasts that the program can map “any device, anywhere, all the time.”  The documents include addresses labeled as based in the “U.S.,” and because so much Internet traffic flows through the United States, it would be difficult to map much of the world without capturing such addresses.
  • The program takes advantage of the capabilities of other secret N.S.A. programs. To support Treasure Map, for example, the document states that another program, called Packaged Goods, tracks the “traceroutes” through which data flows around the Internet. Through Packaged Goods, the N.S.A. has gained access to “13 covered servers in unwitting data centers around the globe,” according to the PowerPoint. The document identifies a list of countries where the data centers are located, including Germany, Poland, Denmark, South Africa and Taiwan as well as Russia, China and Singapore.
Paul Merrell

EPIC - Spotlight on Surveillance - December 2013 - 0 views

  • The Federal Bureau of Investigation (FBI) is developing a biometric identification database program called "Next Generation Identification" (NGI). When completed, the NGI system will be the largest biometric database in the world. The program is of particular interest to EPIC because of the far-reaching implications for personal privacy and the risks of mass surveillance.[1] The vast majority of records contained in the NGI database will be of US citizens. The NGI biometric identifiers will include fingerprints, iris scans, DNA profiles, voice identification profiles, palm prints, and photographs. The system will include facial recognition capabilities to analyze collected images. Millions of individuals who are neither criminals nor suspects will be included in the database.
  • Many of these individuals will be unaware that their images and other biometric identifiers are being captured. Biometric records collected by various civil service agencies could be added to the system. The NGI system could be integrated with other surveillance technology, such as Trapwire, that would enable real-time image-matching of live feeds from CCTV surveillance cameras. [2] The Department of Homeland Security has expended hundreds of millions of dollars to establish state and local surveillance systems, including CCTV cameras that record the routine activities of millions of individuals. [3] There are an estimated 30 million surveillance cameras in the United States. If NGI system was integrated with CCTV cameras operated by public agencies and private entities, NGI could use facial recognition on images of crowds to identify individuals in public settings, whether or not the police have made the necessary legal showing to compel the disclosure of identification documents. The NGI database will be used for both law enforcement and non-law enforcement purposes. It will be available to law enforcement agencies at the local, state, and federal level. But it will also be available to private entities, unrelated to a law enforcement agency. EPIC’s “Spotlight on Surveillance” project takes a deeper look at this massive surveillance initiative.
Paul Merrell

POGO Adds its Voice to Calls for Secret Law Oversight - 0 views

  • April 21, 2015 Dear Chairman Goodlatte, Ranking Member Conyers, Chairman Grassley, and Ranking Member Leahy: We urge you to end mass surveillance of Americans. Among us are civil liberties organizations from across the political spectrum that speak for millions of people, businesses, whistleblowers, and experts. The impending expiration of three USA PATRIOT Act provisions on June 1 is a golden opportunity to end mass surveillance and enact additional reforms. Current surveillance practices are virtually limitless. They are unnecessary, counterproductive, and costly. They undermine our economy and the public’s trust in government. And they undercut the proper functioning of government. Meaningful surveillance reform entails congressional repeal of laws and protocols the Executive secretly interprets to permit current mass surveillance practices. Additionally, it requires Congress to appreciably increase transparency, oversight, and accountability of intelligence agencies, especially those that have acted unconstitutionally.
  • A majority of the House of Representatives already has voted against mass surveillance. The Massie-Lofgren amendment to the National Defense Authorization Act [i] garnered 293 votes in support of defunding “backdoor searches.” Unfortunately, that amendment was not included in the “CRomnibus"[ii] despite overwhelming support.  We urge you to act once again to vindicate our fundamental liberties.
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    Finally! A proposal for mass-surveillance reform that goes far beyond prior overly-modest proposals backed by ACLU, Electronic Frontier Foundation, etc., that were based on negotiation with members of Congress. This proposal is backed by a wide range of other organizations. A must-read.
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