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The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process "minimization", but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.

The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies "pertaining to the protection of US persons", repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.But this is undermined by the disclosure that Israel is allowed to receive "raw Sigint" – signal intelligence. The memorandum says: "Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content."According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. "NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection", it says.

In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy."Any US person information that is acquired as a result of NSA's surveillance activities is handled under procedures that are designed to protect privacy rights," the spokesperson said.The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.

The United States, Germany and probably other nations will soon hold talks on American surveillance tactics that include alleged spying on European allies.Amid reports that the U.S. has bugged various embassies and missions, President Obama and German Chancellor Angela Merkel had what sounds like an uncomfortable discussion by phone on Wednesday, the White House reported."The President assured the Chancellor that the United States takes seriously the concerns of our European allies and partners," said a White House statement on the call.The White House said Obama and Merkel agreed to "a high-level meeting of U.S. and German security officials in the coming days" to discuss surveillance issues disclosed in news leaks by former government contractor Edward Snowden.The two leaders also support a United States-European Union "dialogue" on the "collection and oversight of intelligence and questions of privacy and data protection," said the White House.

EU officials have expressed outrage over news reports on the activities of the National Security Agency.Obama and Merkel "reaffirmed the importance of continued close cooperation between our respective intelligence services in the fight against terrorism and other threats to the security of the United States, Germany, and our allies," the White House said.

On Thursday, the Senate Armed Services Committee held a hearing on whether the statutory basis for this "war" - the 2001 Authorization to Use Military Force (AUMF) - should be revised (meaning: expanded). This is how Wired's Spencer Ackerman (soon to be the Guardian US's national security editor) described the most significant exchange: "Asked at a Senate hearing today how long the war on terrorism will last, Michael Sheehan, the assistant secretary of defense for special operations and low-intensity conflict, answered, 'At least 10 to 20 years.' . . . A spokeswoman, Army Col. Anne Edgecomb, clarified that Sheehan meant the conflict is likely to last 10 to 20 more years from today - atop the 12 years that the conflict has already lasted. Welcome to America's Thirty Years War." That the Obama administration is now repeatedly declaring that the "war on terror" will last at least another decade (or two) is vastly more significant than all three of this week's big media controversies (Benghazi, IRS, and AP/DOJ) combined. The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of "endless war". Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.

It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war - justified in the name of stopping the threat of terrorism - that is the single greatest cause of that threat.

I wrote that the "war on terror" cannot and will not end on its own for two reasons: (1) it is designed by its very terms to be permanent, incapable of ending, since the war itself ironically ensures that there will never come a time when people stop wanting to bring violence back to the US (the operational definition of "terrorism"), and (2) the nation's most powerful political and economic factions reap a bonanza of benefits from its continuation. Whatever else is true, it is now beyond doubt that ending this war is the last thing on the mind of the 2009 Nobel Peace Prize winner and those who work at the highest levels of his administration. Is there any way they can make that clearer beyond declaring that it will continue for "at least" another 10-20 years? The genius of America's endless war machine is that, learning from the unplesantness of the Vietnam war protests, it has rendered the costs of war largely invisible. That is accomplished by heaping all of the fighting burden on a tiny and mostly economically marginalized faction of the population, by using sterile, mechanized instruments to deliver the violence, and by suppressing any real discussion in establishment media circles of America's innocent victims and the worldwide anti-American rage that generates. Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms, as Americans are told they must sacrifice Social Security and Medicare benefits and place their children in a crumbling educational system, the Pentagon remains the world's largest employer and continues to militarily outspend the rest of the world by a significant margin. The mythology of the Reagan presidency is that he induced the collapse of the Soviet Union by luring it into unsustainable military spending and wars: should there come a point when we think about applying that lesson to ourselves?

President Obama indicated on Friday that he won’t pardon NSA whistleblower Edward Snowden, even as President-elect Donald Trump announced his pick to run the CIA: Kansas congressman Mike Pompeo, who has called for “the traitor Edward Snowden” to be executed.

In an interview with Obama published on Friday, German newspaper Der Spiegel asked: “Are you going to pardon Edward Snowden?” Obama replied: “I can’t pardon somebody who hasn’t gone before a court and presented themselves, so that’s not something that I would comment on at this point.” But P.S. Ruckman, editor of the Pardon Power blog said Obama is wrong to suggest he couldn’t pardon Snowden if he wanted to. Ruckman noted that Obama has previously only granted pardons and commutations to people who have already been convicted. “I just think what he may have better said is: ‘I prefer that he present himself to a court and then we’ll talk turkey.’ But technically in terms of the Constitution, there are no restrictions at all.” The operative Supreme Court ruling, from 1886, states that “The power of pardon conferred by the Constitution upon the President is unlimited except in cases of impeachment. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment. The power is not subject to legislative control.”

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

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

For more than six months, Edward Snowden’s revelations about the National Security Agency (NSA) have been pouring out from the Washington Post, the New York Times, the Guardian, Germany’s Der Spiegel, and Brazil’s O Globo, among other places.  Yet no one has pointed out the combination of factors that made the NSA’s expanding programs to monitor the world seem like such a slam-dunk development in Washington.  The answer is remarkably simple.  For an imperial power losing its economic grip on the planet and heading into more austere times, the NSA’s latest technological breakthroughs look like a bargain basement deal when it comes to projecting power and keeping subordinate allies in line -- like, in fact, the steal of the century.  Even when disaster turned out to be attached to them, the NSA’s surveillance programs have come with such a discounted price tag that no Washington elite was going to reject them.For well over a century, from the pacification of the Philippines in 1898 to trade negotiations with the European Union today, surveillance and its kissing cousins, scandal and scurrilous information, have been key weapons in Washington’s search for global dominion. Not surprisingly, in a post-9/11 bipartisan exercise of executive power, George W. Bush and Barack Obama have presided over building the NSA step by secret step into a digital panopticon designed to monitor the communications of every American and foreign leaders worldwide.

What exactly was the aim of such an unprecedented program of massive domestic and planetary spying, which clearly carried the risk of controversy at home and abroad? Here, an awareness of the more than century-long history of U.S. surveillance can guide us through the billions of bytes swept up by the NSA to the strategic significance of such a program for the planet’s last superpower. What the past reveals is a long-term relationship between American state surveillance and political scandal that helps illuminate the unacknowledged reason why the NSA monitors America’s closest allies.Not only does such surveillance help gain intelligence advantageous to U.S. diplomacy, trade relations, and war-making, but it also scoops up intimate information that can provide leverage -- akin to blackmail -- in sensitive global dealings and negotiations of every sort. The NSA’s global panopticon thus fulfills an ancient dream of empire. With a few computer key strokes, the agency has solved the problem that has bedeviled world powers since at least the time of Caesar Augustus: how to control unruly local leaders, who are the foundation for imperial rule, by ferreting out crucial, often scurrilous, information to make them more malleable.

The Obama administration has reached a deal with a number of technology giants, allowing the companies to disclose more information on customer data they are compelled to share with the government.Announced on Monday, the transparency arrangement ends months of legal wrangling between the companies and US intelligence agencies before a secret surveillance court, to compel the disclosures.The disclosures are to be nonspecific, listed by the thousand and subject in some cases to a six-month delay – speaking to the large quantities of data that the government still plans on collecting from its technology partners. In order to be more specific about the amount of data turned over, the companies must be less specific about the type of data it is.The deal also explicitly points to a delay of up to two years on revealing information on data collected under surveillance programs the National Security Agency may yet develop.

But the deal also purports to shed far more light than ever on a question the intelligence agencies have been extremely reluctant to address – the number of people affected by NSA surveillance.The Justice Department said the transparency deal also applies to phone companies that turn over, on a daily basis, the records of every phone call made in the US. The phone companies have not exhibited the same agitation for transparency in the wake of the Edward Snowden revelations as have tech firms.

The new arrangement addresses a major grievance held by Google, Yahoo, Microsoft, Facebook and LinkedIn, which all joined a coalition called Reform Government Surveillance in order to pressure the administration into reassuring their customers about the propriety and legality of giving vast amounts of data to the NSA, FBI and other government agencies. It does not curtail the amount of data demanded, which is another demand of the coalition. 

On Thursday, I questioned Russia's involvement in mass surveillance on live television. I asked Russia's president, Vladimir Putin, a question that cannot credibly be answered in the negative by any leader who runs a modern, intrusive surveillance program: "Does [your country] intercept, analyse or store millions of individuals' communications?"I went on to challenge whether, even if such a mass surveillance program were effective and technically legal, it could ever be morally justified.The question was intended to mirror the now infamous exchange in US Senate intelligence committee hearings between senator Ron Wyden and the director of national intelligence, James Clapper, about whether the NSA collected records on millions of Americans, and to invite either an important concession or a clear evasion. (See a side-by-side comparison of Wyden's question and mine here.)

Clapper's lie – to the Senate and to the public – was a major motivating force behind my decision to go public, and a historic example of the importance of official accountability. In his response, Putin denied the first part of the question and dodged on the latter. There are serious inconsistencies in his denial – and we'll get to them soon – but it was not the president's suspiciously narrow answer that was criticised by many pundits. It was that I had chosen to ask a question at all.I was surprised that people who witnessed me risk my life to expose the surveillance practices of my own country could not believe that I might also criticise the surveillance policies of Russia, a country to which I have sworn no allegiance, without ulterior motive. I regret that my question could be misinterpreted, and that it enabled many to ignore the substance of the question – and Putin's evasive response – in order to speculate, wildly and incorrectly, about my motives for asking it.

It’s been one year since the Guardian first published the Foreign Intelligence Surveillance Court order, leaked by former NSA contractor Edward Snowden, that demonstrated that the NSA was conducting dragnet surveillance on millions of innocent people. Since then, the onslaught of disturbing revelations, from disclosures, admissions from government officials, Freedom of Information Act requests, and lawsuits, has been nonstop. On the anniversary of that first leak, here are 65 things we know about NSA spying that we did not know a year ago

here’s no question that the international relationships Obama pledged to repair, as well as the confidence of the American people in their privacy and constitutional rights, have been damaged by the NSAs dragnet surveillance. But one year later, both the United States and international governments have not taken the steps necessary to ensure that this surveillance ends. That’s why everyone must take action— contact your elected representative, join Reset the Net, and learn about how international law applies to U.S. surveillance today. 

Though the NSA says its mass surveillance of Americans targets only “terrorists,” the spying may turn up evidence of other illegal acts that can get passed on to law enforcement which hides the secret source through a ruse called “parallel construction,” writes ex-CIA analyst Ray McGovern. By Ray McGovern Rarely do you get a chance to ask a just-retired FBI director whether he had “any legal qualms” about what, in football, is called “illegal procedure,” but at the Justice Department is called “parallel construction.” Government wordsmiths have given us this pleasant euphemism to describe the use of the National Security Agency’s illegal eavesdropping on Americans as an investigative tool to pass on tips to law enforcement agencies which then hide the source of the original suspicion and “construct” a case using “parallel” evidence to prosecute the likes of you and me.

For those interested in “quaint” things like the protections that used to be afforded us by the Fourth and Fifth Amendments to the Constitution, information about this “parallel construction” has been in the public domain, including the “mainstream media,” for at least a year or so. So, I welcomed the chance to expose this artful practice to still more people with cameras rolling at a large conference on “Ethos & Profession of Intelligence” at Georgetown University on Wednesday, during the Q & A after former FBI Director Robert Mueller spoke. Mueller ducked my question regarding whether he had any “legal qualms” about this “parallel construction” arrangement. He launched into a discursive reply in which he described the various ”authorities” enjoyed by the FBI (and the CIA), which left the clear impression not only that he was without qualms but that he considered the practice of concealing the provenance of illegally acquired tip-off information somehow within those professed “authorities.”

Bottom line? Beware, those of you who think you have “nothing to hide” when the NSA scoops up your personal information. You may think that the targets of these searches are just potential “terrorists.” But the FBI, Internal Revenue Service, Drug Enforcement Administration and countless other law enforcement bodies are dipping their cursors into the huge pool of mass surveillance.

William Binney is one of the highest-level whistleblowers to ever emerge from the NSA. He was a leading code-breaker against the Soviet Union during the Cold War but resigned soon after September 11, disgusted by Washington’s move towards mass surveillance.On 5 July he spoke at a conference in London organised by the Centre for Investigative Journalism and revealed the extent of the surveillance programs unleashed by the Bush and Obama administrations.

“At least 80% of fibre-optic cables globally go via the US”, Binney said. “This is no accident and allows the US to view all communication coming in. At least 80% of all audio calls, not just metadata, are recorded and stored in the US. The NSA lies about what it stores.”The NSA will soon be able to collect 966 exabytes a year, the total of internet traffic annually. Former Google head Eric Schmidt once argued that the entire amount of knowledge from the beginning of humankind until 2003 amount to only five exabytes.Binney, who featured in a 2012 short film by Oscar-nominated US film-maker Laura Poitras, described a future where surveillance is ubiquitous and government intrusion unlimited.“The ultimate goal of the NSA is total population control”, Binney said, “but I’m a little optimistic with some recent Supreme Court decisions, such as law enforcement mostly now needing a warrant before searching a smartphone.”

It shows that the NSA is not just pursuing terrorism, as it claims, but ordinary citizens going about their daily communications. “The NSA is mass-collecting on everyone”, Binney said, “and it’s said to be about terrorism but inside the US it has stopped zero attacks.”The lack of official oversight is one of Binney’s key concerns, particularly of the secret Foreign Intelligence Surveillance Court (Fisa), which is held out by NSA defenders as a sign of the surveillance scheme's constitutionality.“The Fisa court has only the government’s point of view”, he argued. “There are no other views for the judges to consider. There have been at least 15-20 trillion constitutional violations for US domestic audiences and you can double that globally.”

The leading civil liberties group in the United States has requested a federal court to stop the National Security Agency from collecting Americans’ phone data in bulk through the end of the year.

While the surveillance dragnet was phased out by Congress and Barack Obama last month, an American Civil Liberties Union suit seeks to end a twilight, zombie period of the same US phone records collection, slated under the new law to last six months. “Today the government is continuing – after a brief suspension – to collect Americans’ call records in bulk on the purported authority of precisely the same statutory language this court has already concluded does not permit it,” the ACLU writes in a motion filed on Tuesday before the second circuit court of appeals.

The venue is significant. On 7 May, as Congress debated ending the domestic phone-records collection, the second circuit ruled the collection was illegal. Yet it did not order Obama’s administration to cease the bulk collection, writing that a preferable option would be to stay out of the unfolding legislative battle over the future scope of US surveillance. That debate ended on 2 June with the passage of the USA Freedom Act, which reinstated expired provisions of the Patriot Act that the government had since 2006 relied upon – erroneously, in the second circuit’s view – for the bulk collection. Yet it ended the NSA’s bulk US phone records collection and created a new mechanism for the NSA to gather “call data records” from telecoms pursuant to a court order.

The top lawyer for the US intelligence community and the National Security Agency said on Wednesday that the spy agencies are giving new consideration to the privacy rights of non-Americans in the wake of a diplomatic row over the surveillance of foreign leaders. Speaking at a conference on national security law sponsored by the American Bar Association on Thursday, the general counsel for the office of the director of national intelligence, Robert Litt, said intelligence chiefs were giving "a lot of thought" to the issue. His comments came a day after General Keith Alexander, the NSA director, stated that the spy agency is open to scaling back some of its operations on foreign leaders, following an unfolding diplomatic crisis sparked by revelations that the NSA spied on German chancellor Angela Merkel. 

US law provides greater legal protection to those defined as "US persons", which includes American citizens and foreigners living in the US. "On the issue of US person versus non-US person, that’s an issue we’re giving a lot of thought to now,” said Litt. “It’s not surprising that the law gives more protections to US citizens or persons who are in this country,” Litt added. “That doesn’t mean that we have no protection for non-US persons, and the principal protection we have is the requirement that the collection, retention and dissemination of information has to be for a valid foreign intelligence purpose.” Litt said the intelligence agencies were “giving some thought to whether there are ways that we can both introduce a little more rigor into that requirement and perhaps a little more transparency into how we enforce that requirement.” Litt and NSA general counsel Rajesh De would not answer a question from the Guardian about the legal basis for a different, unfolding NSA controversy: the new allegation that the NSA intercepts data transiting between the foreign data centers of Google and Yahoo, two longtime NSA partners, published in the Washington Post.

But De took issue with a suggestion that the Post story prompted that the NSA interception would at times rely on a seminal executive order that defines basic powers and operations of the intelligence agencies, known as Executive Order 12333, rather than the relatively restrictive Foreign Intelligence Surveillance Act, or Fisa. “The implication, the insinuation, the suggestion or the outright statement that an agency like NSA would use authority under Executive Order 12333 to evade, skirt or go around Fisa is simply inaccurate,” De said. On Tuesday, the director of national intelligence, James Clapper, testified to the House intelligence panel that they considered US corporations to be “US persons,” meaning their communications and associated data enjoyed legal privileges associated with citizenship. But neither Litt nor De would explain whether that category protected communications data transiting between the data centers of US companies.

The U.S. government has long lavished overwhelming aid on Israel, providing cash, weapons and surveillance technology that play a crucial role in Israel’s attacks on its neighbors. But top secret documents provided by NSA whistleblower Edward Snowden shed substantial new light on how the U.S. and its partners directly enable Israel’s military assaults – such as the one on Gaza. Over the last decade, the NSA has significantly increased the surveillance assistance it provides to its Israeli counterpart, the Israeli SIGINT National Unit (ISNU; also known as Unit 8200), including data used to monitor and target Palestinians. In many cases, the NSA and ISNU work cooperatively with the British and Canadian spy agencies, the GCHQ and CSEC. The relationship has, on at least one occasion, entailed the covert payment of a large amount of cash to Israeli operatives. Beyond their own surveillance programs, the American and British surveillance agencies rely on U.S.-supported Arab regimes, including the Jordanian monarchy and even the Palestinian Authority Security Forces, to provide vital spying services regarding Palestinian targets.

The new documents underscore the indispensable, direct involvement of the U.S. government and its key allies in Israeli aggression against its neighbors. That covert support is squarely at odds with the posture of helpless detachment typically adopted by Obama officials and their supporters.

Each time Israel attacks Gaza and massacres its trapped civilian population – at the end of 2008, in the fall of 2012, and now again this past month – the same process repeats itself in both U.S. media and government circles: the U.S. government feeds Israel the weapons it uses and steadfastly defends its aggression both publicly and at the U.N.; the U.S. Congress unanimously enacts one resolution after the next to support and enable Israel; and then American media figures pretend that the Israeli attack has nothing to do with their country, that it’s just some sort of unfortunately intractable, distant conflict between two equally intransigent foreign parties in response to which all decent Americans helplessly throw up their hands as though they bear no responsibility.

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

On Friday, President Obama spoke to us about surveillance as though we were precocious children. He proceeded as if widespread objections to his policies can be dispatched like a parent answers an eight-year-old who has formally protested her bedtime. He is so proud that we've matured enough to take an interest in our civil liberties! Why, he used to think just like us when he was younger, and promises to consider our arguments. But some decisions just have to be made by the grownups. Do we know how much he loves us? Can we even imagine how awful he would feel if anything bad ever happened while it was still his job to ensure our safety? * By observing Obama's condescension, I don't mean to suggest tone was the most objectionable part of the speech. The disinformation should bother the American people most. The weasel words. The impossible-to-believe protestations. The factually inaccurate assertions.  They're all there.

One should not expect any change to come from the U.S. government itself (which includes Congress), whose strategy in such cases is to enact the pretext of “reform” so as to placate public anger, protect the system from any serious weakening, and allow President Obama to go before the country and the world and give a pretty speech about how the U.S. heard their anger and re-calibrated the balance between privacy and security. Any new law that comes from the radically corrupted political class in DC will either be largely empty, or worse. The purpose will be to shield the NSA from real reform. There are, though, numerous other avenues with the real potential to engender serious limits on the NSA’s surveillance powers, including the self-interested though genuine panic of the U.S. tech industry over how surveillance will impede their future business prospects, the efforts of other countries to undermine U.S. hegemony over the internet, the newfound emphasis on privacy protections from internet companies worldwide, and, most of all, the increasing use of encryption technology by users around the world that poses genuine obstacles to state surveillance. Those are all far, far more promising avenues than any bill Barack Obama, Dianne Feinstein and Saxby Chambliss will let Congress cough up.

That national security state officials routinely mislead and deceive the public should never have even been in serious doubt in the first place – certainly not for journalists, and especially now after the experience of the Iraq War. That fact — that official pronouncements merit great skepticism rather than reverence — should be (but plainly is not) fundamental to how journalists view the world. More evidence for that is provided by a Washington Post column today by one of the national security state’s favorite outlets, David Ignatius. Ignatius interviewed the chronic deceiver, Director of National Intelligence James Clapper, who now “says it appears the impact [of Snowden's leaking] may be less than once feared because ‘it doesn’t look like he [Snowden] took as much’ as first thought.” Clapper specifically casts serious doubt on the U.S. government’s prior claim that Snowden ”had compromised the communications networks that make up the military’s command and control system”; instead, “officials now think that dire forecast may have been too extreme.” Ignatius — citing an anonymous “senior intelligence official” (who may or may not be Clapper) — also announces that the government has yet again revised its rank speculation about how many documents Snowden took: “This batch of probably downloaded material is about 1.5 million documents, the senior official said. That’s below an earlier estimate of 1.77 million documents.”

Most notable is Ignatius’ summary of the government’s attempt to claim Snowden seriously compromised the security of the U.S.: Pressed to explain what damage Snowden’s revelations had done, the official was guarded, saying that there was “damage in foreign relations” and that the leaks had “poisoned [NSA’s] relations with commercial providers.” He also said that terrorist groups had carefully studied the disclosures, turning more to anonymizers, encryption and use of couriers to shield communications. The senior official wouldn’t respond to repeated questions about whether the intelligence community has noted any changes in behavior by either the Russian or Chinese governments, in possible response to information they may have gleaned from Snowden’s revelations. In other words, the only specific damage they can point to is from the anger that other people around the world have about what the U.S. government has done and the fact that people will not want to buy U.S. tech products if they fear (for good reason) that those companies collaborate with the NSA. But, as usual, there is zero evidence provided (as opposed to bald, self-serving assertions) of any harm to genuine national security concerns (i.e., the ability to monitor anyone planning actual violent attacks).

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America's most significant political scandals. Predictably, it is the same one that shaped President Obama's much-heralded Friday speech to announce his proposals for "reforming" the National Security Agency in the wake of seven months of intense worldwide controversy.The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are "serious questions that have been raised". They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic "reforms" so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America's most significant political scandals. Predictably, it is the same one that shaped President Obama's much-heralded Friday speech to announce his proposals for "reforming" the National Security Agency in the wake of seven months of intense worldwide controversy.The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are "serious questions that have been raised". They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic "reforms" so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.This scam has been so frequently used that it is now easily recognizable.

AT&T this week released for the first time in the phone company’s 140-year history a rough accounting of how often the U.S. government secretly demands records on telephone customers. But to those who’ve been following the National Security Agency leaks, Ma Bell’s numbers come up short by more than 80 million spied-upon Americans. AT&T’s transparency report counts 301,816 total requests for information — spread between subpoenas, court orders and search warrants — in 2013. That includes between 2,000 and 4,000 under the category “national security demands,” which collectively gathered information on about 39,000 to 42,000 different accounts. There was a time when that number would have seemed high. Today, it’s suspiciously low, given the disclosures by whistleblower Edward Snowden about the NSA’s bulk metadata program. We now know that the secretive Foreign Intelligence Surveillance Court is ordering the major telecoms to provide the NSA a firehose of metadata covering every phone call that crosses their networks. An accurate transparency report should include a line indicating that AT&T has turned over information on each and every one of its more than 80 million-plus customers. It doesn’t.

That’s particularly ironic, given that it was Snowden’s revelations about this so-called “Section 215″ metadata spying that paved the way for the transparency report. In Snowden’s wake, technology companies pushed President Barack Obama to craft new rules allowing them to be more transparent about how much customer data they’re forced to provide the NSA and other agencies. In a Jan. 17 globally televised speech, Obama finally agreed. We will also enable communications providers to make public more information than ever before about the orders they have received to provide data to the government. But when the new transparency guidelines came out on Jan. 27, the language left it unclear whether discussing bulk collection was allowed, says Alex Abdo, an American Civil Liberties Union staff attorney. AT&T on Monday became the first phone company to release a transparency report under the new rules, and the results seem to confirm that the metadata collection is still meant to stay secret. “This transparency report confirmed our fear that the DOJ’s apparent concession was carefully crafted to prevent real transparency,” Abdo says. “If they want real transparency, they would allow the disclosure of the bulk telephone metadata program.”

The guidelines allow for the disclosure, in chunks of 1,000, of “the number of customer selectors [phone numbers] targeted under FISA non-content orders.” Since the bulk metadata collection doesn’t “target” any “selectors” it is, by definition, not subject to disclosure. This loophole is no accident of phrasing. In other sections of the guidelines covering National Security Letters — a type of subpoena that doesn’t require a judge’s signature — Obama allows disclosure of the “number of customer accounts affected.” If the guidelines used that same language for the FISA disclosures, AT&T’s transparency report would presumably disclose that more than 80 million customers — that would be all of AT&T’s customers — had been spied upon. The end result, observes Kevin Bankston, the policy director of the New America Foundation’s Open Technology Institute, is that Obama’s so-called reform has spawned a misleading report that provides false comfort to AT&T customers — and all Americans.