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Spies Infiltrate a Fantasy Realm of Online Games - NYTimes.com - 0 views

www.nytimes.com/...field-of-elves-and-trolls.html surveillance state NSA GCHQ NSA-targets online-games mobile-apps
shared by Paul Merrell on 11 Dec 13 - No Cached
  • Not limiting their activities to the earthly realm, American and British spies have infiltrated the fantasy worlds of World of Warcraft and Second Life, conducting surveillance and scooping up data in the online games played by millions of people across the globe, according to newly disclosed classified documents.
  • Fearing that terrorist or criminal networks could use the games to communicate secretly, move money or plot attacks, the documents show, intelligence operatives have entered terrain populated by digital avatars that include elves, gnomes and supermodels. The spies have created make-believe characters to snoop and to try to recruit informers, while also collecting data and contents of communications between players, according to the documents, disclosed by the former National Security Agency contractor Edward J. Snowden. Because militants often rely on features common to video games — fake identities, voice and text chats, a way to conduct financial transactions — American and British intelligence agencies worried that they might be operating there, according to the papers.
  • Online games might seem innocuous, a top-secret 2008 N.S.A. document warned, but they had the potential to be a “target-rich communication network” allowing intelligence suspects “a way to hide in plain sight.” Virtual games “are an opportunity!” another 2008 N.S.A. document declared. But for all their enthusiasm — so many C.I.A., F.B.I. and Pentagon spies were hunting around in Second Life, the document noted, that a “deconfliction” group was needed to avoid collisions — the intelligence agencies may have inflated the threat. The documents, obtained by The Guardian and shared with The New York Times and ProPublica, do not cite any counterterrorism successes from the effort. Former American intelligence officials, current and former gaming company employees and outside experts said in interviews that they knew of little evidence that terrorist groups viewed the games as havens to communicate and plot operations.
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  • In the 2008 N.S.A. document, titled “Exploiting Terrorist Use of Games & Virtual Environments,” the agency said that “terrorist target selectors” — which could be a computer’s Internet Protocol address or an email account — “have been found associated with Xbox Live, Second Life, World of Warcraft” and other games. But that document does not present evidence that terrorists were participating in the games. Still, the intelligence agencies found other benefits in infiltrating these online worlds. According to the minutes of a January 2009 meeting, GCHQ’s “network gaming exploitation team” had identified engineers, embassy drivers, scientists and other foreign intelligence operatives to be World of Warcraft players — potential targets for recruitment as agents.
  • The surveillance, which also included Microsoft’s Xbox Live, could raise privacy concerns. It is not clear exactly how the agencies got access to gamers’ data or communications, how many players may have been monitored or whether Americans’ communications or activities were captured. One American company, the maker of World of Warcraft, said that neither the N.S.A. nor its British counterpart, the Government Communications Headquarters, had gotten permission to gather intelligence in its game. Many players are Americans, who can be targeted for surveillance only with approval from the nation’s secret intelligence court. The spy agencies, though, face far fewer restrictions on collecting certain data or communications overseas.
  • “The Sigint Enterprise needs to begin taking action now to plan for collection, processing, presentation and analysis of these communications,” said one April 2008 N.S.A. document, referring to “signals intelligence.” The document added, “With a few exceptions, N.S.A. can’t even recognize the traffic,” meaning that the agency could not distinguish gaming data from other Internet traffic. By the end of 2008, according to one document, the British spy agency, known as GCHQ, had set up its “first operational deployment into Second Life” and had helped the police in London in cracking down on a crime ring that had moved into virtual worlds to sell stolen credit card information. The British spies running the effort, which was code-named Operation Galician, were aided by an informer using a digital avatar “who helpfully volunteered information on the target group’s latest activities.”
  • Even before the American government began spying in virtual worlds, the Pentagon had identified the potential intelligence value of video games. The Pentagon’s Special Operations Command in 2006 and 2007 worked with several foreign companies — including an obscure digital media business based in Prague — to build games that could be downloaded to mobile phones, according to people involved in the effort. They said the games, which were not identified as creations of the Pentagon, were then used as vehicles for intelligence agencies to collect information about the users. Eager to cash in on the government’s growing interest in virtual worlds, several large private contractors have spent years pitching their services to American intelligence agencies. In one 66-page document from 2007, part of the cache released by Mr. Snowden, the contracting giant SAIC promoted its ability to support “intelligence collection in the game space,” and warned that online games could be used by militant groups to recruit followers and could provide “terrorist organizations with a powerful platform to reach core target audiences.”
  • In spring 2009, academics and defense contractors gathered at the Marriott at Washington Dulles International Airport to present proposals for a government study about how players’ behavior in a game like World of Warcraft might be linked to their real-world identities. “We were told it was highly likely that persons of interest were using virtual spaces to communicate or coordinate,” said Dmitri Williams, a professor at the University of Southern California who received grant money as part of the program. After the conference, both SAIC and Lockheed Martin won contracts worth several million dollars, administered by an office within the intelligence community that finances research projects.
  • Paul Merrell on 11 Dec 13
     
    Coming soon: disclosure of the NSA's public bathroom cams and microphones because people talk there and exchange germs that might have DNA in them that can be used to track terrorists. 
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Secret Docs Reveal Dubious Details of Targeted Killings in Afghanistan - SPIEGEL ONLINE - 0 views

www.spiegel.de/...-in-afghanistan-a-1010358.html war & peace drone attacks Afghanistan Pakistan leaked-docs
shared by Paul Merrell on 29 Dec 14 - No Cached
  • Combat operations in Afghanistan may be coming to an end, but a look at secret NATO documents reveals that the US and the UK were far less scrupulous in choosing targets for killing than previously believed. Drug dealers were also on the lists.
  • The child and his father are two of the many victims of the dirty secret operations that NATO conducted for years in Afghanistan. Their fate is described in secret documents to which SPIEGEL was given access. Some of the documents concerning the International Security Assistance Force (ISAF) and the NSA and GCHQ intelligence services are from the archive of whistleblower Edward Snowden. Included is the first known complete list of the Western alliance's "targeted killings" in Afghanistan. The documents show that the deadly missions were not just viewed as a last resort to prevent attacks, but were in fact part of everyday life in the guerilla war in Afghanistan. The list, which included up to 750 people at times, proves for the first time that NATO didn't just target the Taliban leadership, but also eliminated mid- and lower-level members of the group on a large scale. Some Afghans were only on the list because, as drug dealers, they were allegedly supporting the insurgents.
  • Different rules apply in war than in fighting crime in times of peace. But for years the West tied its campaign in Afghanistan to the promise that it was fighting for different values there. A democracy that kills its enemies on the basis of nothing but suspicion squanders its claim to moral superiority, making itself complicit instead. This lesson from Afghanistan also applies to the conflicts in Syria, Iraq, Pakistan and Yemen. The material SPIEGEL was able to review is from 2009 to 2011, and falls within the term of US President Barack Obama, who was inaugurated in January 2009. For Obama, Afghanistan was the "good" war and therefore legitimate -- in contrast to the Iraq war. The president wanted to end the engagement in Iraq as quickly as possible, but in Afghanistan his aim was to win.
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  • After Obama assumed office, the US government opted for a new strategy. In June 2009, then Defense Secretary Robert Gates installed Stanley McChrystal, a four-star general who had served in Iraq, as commander of US forces in Afghanistan. McChrystal promoted the aggressive pursuit of the Taliban. Obama sent 33,000 additional troops to Afghanistan, but their deployment was tied to a demand that military officials provide a binding date for the withdrawal of US forces. At the same time, the president distanced himself from the grand objectives the West had proclaimed when it first marched into Kabul. The United States would not try to make Afghanistan "a perfect place," said Obama. Its new main objective was to fight the insurgency.
  • This marked the beginning of one of the bloodiest phases of the war. Some 2,412 civilians died in Afghanistan in 2009. Two-thirds of them were killed by insurgents and 25 percent by NATO troops and Afghan security forces. The number of operations against the Taliban rose sharply, to between 10 and 15 a night. The operations were based on the lists maintained by the CIA and NATO -- Obama's lists. The White House dubbed the strategy "escalate and exit." McChrystal's successor, General David Petraeus, documented the strategy in "Field Manual 3-24" on fighting insurgencies, which remains a standard work today. Petraeus outlined three stages in fighting guerilla organizations like the Taliban. The first was a cleansing phase, in which the enemy leadership is weakened. After that, local forces were to regain control of the captured areas. The third phase was focused on reconstruction. Behind closed doors, Petraeus and his staff explained exactly what was meant by "cleansing." German politicians recall something that Michael T. Flynn, the head of ISAF intelligence in Afghanistan, once said during a briefing: "The only good Talib is a dead Talib."
  • Under Petraeus, a merciless campaign began to hunt down the so-called shadow governors and local supporters aligned with the Islamists. For the Americans, the fact that the operations often ended in killings was seen as a success. In August 2010, Petraeus proudly told diplomats in Kabul that he had noticed a shifting trend. The figures he presented as evidence made some of the ambassadors feel uneasy. At least 365 insurgent commanders, Petraeus explained, had been neutralized in the last three months, for an average of about four killings a day. The existence of documents relating to the so-called Joint Prioritized Effects List (JPEL) has only been described in vague terms until now. The missions by US special units are mentioned but not discussed in detail in the US Army Afghanistan war logs published by WikiLeaks in 2010, together with the New York Times, the Guardian and SPIEGEL. The documents that have now become accessible provide, for the first time, a systematic view of the targeted killings. They outline the criteria used to determine who was placed on the list and why.
  • According to the NSA document, in October 2008 the NATO defense ministers made the momentous decision that drug networks would now be "legitimate targets" for ISAF troops. "Narcotics traffickers were added to the Joint Prioritized Effects List (JPEL) list for the first time," the report reads. In the opinion of American commanders like Bantz John Craddock, there was no need to prove that drug money was being funneled to the Taliban to declare farmers, couriers and dealers as legitimate targets of NATO strikes.
  • The document also reveals how vague the basis for deadly operations apparently was. In the voice recognition procedure, it was sufficient if a suspect identified himself by name once during the monitored conversation. Within the next 24 hours, this voice recognition was treated as "positive target identification" and, therefore, as legitimate grounds for an airstrike. This greatly increased the risk of civilian casualties. Probably one of the most controversial decisions by NATO in Afghanistan is the expansion of these operations to include drug dealers. According to an NSA document, the United Nations estimated that the Taliban was earning $300 million a year through the drug trade. The insurgents, the document continues, "could not be defeated without disrupting the drug trade."
  • When an operation could potentially result in civilian casualties, ISAF headquarters in Kabul had to be involved. "The rule of thumb was that when there was estimated collateral damage of up to 10 civilians, the ISAF commander in Kabul was to decide whether the risk was justifiable," says an ISAF officer who worked with the lists for years. If more potential civilian casualties were anticipated, the decision was left up to the relevant NATO headquarters office. Bodyguards, drivers and male attendants were viewed as enemy combatants, whether or not they actually were. Only women, children and the elderly were treated as civilians. Even officers who were involved in the program admit that these guidelines were cynical. If a Taliban fighter was repeatedly involved in deadly attacks, a "weighing of interests" was performed. The military officials would then calculate how many human lives could be saved by the "kill," and how many civilians would potentially be killed in an airstrike.
  • In early 2009, Craddock, NATO's Supreme Allied Commander for Europe at the time, issued an order to expand the targeted killings of Taliban officials to drug producers. This led to heated discussions within NATO. German NATO General Egon Ramms declared the order "illegal" and a violation of international law. The power struggle within NATO finally led to a modification of Craddock's directive: Targets related to the drug production at least had to be investigated as individual cases. The top-secret dossier could be highly damaging to the German government. For years, German authorities have turned over the mobile phone numbers of German extremists in Afghanistan to the United States. At the same time, the German officials claimed that homing in on mobile phone signals was far too imprecise for targeted killings. This is apparently an untenable argument. According to the 2010 document, both Eurofighters and drones had "the ability to geolocate a known GSM handset." In other words, active mobile phones could serve as tracking devices for the special units.
  • The classified documents could now have legal repercussions. The human rights organization Reprieve is weighing legal action against the British government. Reprieve believes it is especially relevant that the lists include Pakistanis who were located in Pakistan. "The British government has repeatedly stated that it is not pursuing targets in Pakistan and not doing air strikes on Pakistani territory," says Reprieve attorney Jennifer Gibson. The documents, she notes, also show that the "war on terror" was virtually conflated with the "war on drugs." "This is both new and extremely legally troubling," says Gibson.
  • A 2009 CIA study that addresses targeted killings of senior enemy officials worldwide reaches a bitter conclusion. Because of the Taliban's centralized but flexible leadership, as well as its egalitarian tribal structures, the targeted killings were only moderately successful in Afghanistan. "Morover, the Taliban has a high overall ability to replace lost leaders," the study finds.
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Secret US cybersecurity report: encryption vital to protect private data | US news | Th... - 0 views

www.theguardian.com/...ect-data-cameron-paris-attacks surveillance-state NSA GCHQ encryption hypocrisy
shared by Paul Merrell on 17 Jan 15 - No Cached
  • A secret US cybersecurity report warned that government and private computers were being left vulnerable to online attacks from Russia, China and criminal gangs because encryption technologies were not being implemented fast enough. The advice, in a newly uncovered five-year forecast written in 2009, contrasts with the pledge made by David Cameron this week to crack down on encryption use by technology companies.
  • In the wake of the Paris terror attacks, the prime minister said there should be no “safe spaces for terrorists to communicate” or that British authorites could not access. Cameron, who landed in the US on Thursday night, is expected to urge Barack Obama to apply more pressure to tech giants, such as Apple, Google and Facebook, which have been expanding encrypted messaging for their millions of users since the revelations of mass NSA surveillance by the whistleblower Edward Snowden.
  • Cameron said the companies “need to work with us. They need also to demonstrate, which they do, that they have a social responsibility to fight the battle against terrorism. We shouldn’t allow safe spaces for terrorists to communicate. That’s a huge challenge but that’s certainly the right principle”. But the document from the US National Intelligence Council, which reports directly to the US director of national intelligence, made clear that encryption was the “best defence” for computer users to protect private data. Part of the cache given to the Guardian by Snowden was published in 2009 and gives a five-year forecast on the “global cyber threat to the US information infrastructure”. It covers communications, commercial and financial networks, and government and critical infrastructure systems. It was shared with GCHQ and made available to the agency’s staff through its intranet.
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  • An unclassified table accompanying the report states that encryption is the “[b]est defense to protect data”, especially if made particularly strong through “multi-factor authentication” – similar to two-step verification used by Google and others for email – or biometrics. These measures remain all but impossible to crack, even for GCHQ and the NSA. The report warned: “Almost all current and potential adversaries – nations, criminal groups, terrorists, and individual hackers – now have the capability to exploit, and in some cases attack, unclassified access-controlled US and allied information systems.” It further noted that the “scale of detected compromises indicates organisations should assume that any controlled but unclassified networks of intelligence, operational or commercial value directly accessible from the internet are already potentially compromised by foreign adversaries”.
  • The report had some cause for optimism, especially in the light of Google and other US tech giants having in the months prior greatly increased their use of encryption efforts. “We assess with high confidence that security best practices applied to target networks would prevent the vast majority of intrusions,” it concluded. Official UK government security advice still recommends encryption among a range of other tools for effective network and information defence. However, end-to-end encryption – which means only the two people communicating with each other, and not the company carrying the message, can decode it – is problematic for intelligence agencies as it makes even warranted collection much more difficult.
  • The previous week, a day after the attack on the Charlie Hebdo office in Paris, the MI5 chief, Andrew Parker, called for new powers and warned that new technologies were making it harder to track extremists. In November, the head of GCHQ, Robert Hannigan, said US social media giants had become the “networks of choice” for terrorists. Chris Soghoian, principal senior policy analyst at the American Civil Liberties Union, said attempts by the British government to force US companies to weaken encryption faced many hurdles.
  • The Guardian, New York Times and ProPublica have previously reported the intelligence agencies’ broad efforts to undermine encryption and exploit rather than reveal vulnerabilities. This prompted Obama’s NSA review panel to warn that the agency’s conflicting missions caused problems, and so recommend that its cyber-security responsibilities be removed to prevent future issues.
  • The memo requested a renewal of the legal warrant allowing GCHQ to “modify” commercial software in violation of licensing agreements. The document cites examples of software the agency had hacked, including commonly used software to run web forums, and website administration tools. Such software are widely used by companies and individuals around the world. The document also said the agency had developed “capability against Cisco routers”, which would “allow us to re-route selected traffic across international links towards GCHQ’s passive collection systems”. GCHQ had also been working to “exploit” the anti-virus software Kaspersky, the document said. The report contained no information on the nature of the vulnerabilities found by the agency.
  • Michael Beckerman, president and CEO of the Internet Association, a lobby group that represents Facebook, Google, Reddit, Twitter, Yahoo and other tech companies, said: “Just as governments have a duty to protect to the public from threats, internet services have a duty to our users to ensure the security and privacy of their data. That’s why internet services have been increasing encryption security.”
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NSA spied on millions of US communications in 2016 | News | Al Jazeera - 0 views

www.aljazeera.com/...ions-2016-170503080336520.html surveillance state NSA domestic-surveillance stats
shared by Paul Merrell on 04 May 17 - No Cached
  • The US National Security Agency (NSA) collected more than 151 million records of Americans' phone calls last year, even after Congress limited its ability to collect bulk call records.  A report from the office of Director of National Intelligence Dan Coats presented the first measure of the effects of the 2015 USA Freedom Act, which limited the NSA to collecting the phone records and contacts of people that the US and allied intelligence agencies suspect may have ties to "terrorism". NSA collected the 151 million records even though it had warrants from the secret Foreign Intelligence Surveillance Court to spy on only 42 suspects in 2016, in addition to a handful identified the previous year, the report said.
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In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

www.eff.org/...w-many-americans-impacted-data surveillance state NSA 702 FISA legislation backdoor-serches stats
shared by Paul Merrell on 29 May 16 - No Cached
  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
  • Paul Merrell on 29 May 16
     
    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
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WASHINGTON: Americans find swift stonewall on whether NSA vacuumed their data | Mass Su... - 0 views

www.mcclatchydc.com/...cans-find-swift-stonewall.html surveillance state NSA FOIA PrivacyAct transparency Obama Glomar
shared by Paul Merrell on 14 Feb 14 - No Cached
  • Since last year’s revelations about the National Security Agency’s massive communications data dragnets, the spy agency has been inundated with requests from Americans and others wanting to know if it has files on them. All of them are being turned down .The denials illustrate the bind in which the disclosures have trapped the Obama administration. While it has pledged to provide greater transparency about the NSA’s communications collections, the NSA says it cannot respond to individuals’ requests without tipping off terrorists and other targets. As a result, Americans whose email and telephone data may have been improperly vacuumed up have no way of finding that out by filing open records requests with the agency. Six McClatchy reporters who filed requests seeking any information kept by the NSA on them all received the same response.
  • “Were we to provide positive or negative responses to requests such as yours, our adversaries’ compilation of the information provided would reasonably be expected to cause exceptionally grave damage to the national security,” the NSA wrote last month in response to a McClatchy national security reporter who requested his own records. “Therefore, your request is denied because the fact of the existence or non-existence of responsive records is a currently and properly classified matter.”
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USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

firstlook.org/...usa-freedom-act surveillance state NSA-reform USA-Freedom-Act legislation
shared by Paul Merrell on 14 May 15 - No Cached
  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
  • Paul Merrell on 14 May 15
     
    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
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Google mulled ditching US after NSA scandal - 0 views

www.cnbc.com/101222237 surveillance state NSA NSA-targets Google NSA-blowback Schmidt
shared by Paul Merrell on 25 Nov 13 - No Cached
  • Google, the giant of the Internet, thought about moving its servers out of the U.S. after the NSA debacle, said Eric Schmidt, the company's chairman, on Friday at the Paley International Council Summit in New York.
  • "Actually, we thought about that and there are many, many reasons why it's impossible for Google to leave the United States, although it's attractive," Schmidt said. "But the reason it's an interesting idea is because American firms are subject to these rules, the [Foreign Intelligence Surveillance Act] rules, Patriot Act and so forth, and this government surveillance is really a problem.
  • Schmidt said that Google was presented with data of internal monitoring of traffic between its servers where the government had reversed engineered protocols that exchanged random data between the company's servers. "Google's position is we are outraged on this," he said. "It's government overreach, is the best way to explain it. This kind of government surveillance is also a huge business risk, he said. Because other governments do not want the U.S. breaching their citizens' data, they will begin to demand control over the servers of American businesses located in their country. "If you're a member of the government from one of these countries, what are you going to do? You're going to say 'what can I do in my country to prevent this?'" he said. "Well, the most obvious thing you can do is prevent all of those American services, and all of that snooping and so forth, by requiring data localization. By requiring servers be in your country under your control, which breaks the Internet."
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U.S. knocks plans for European communication network | Reuters - 0 views

www.reuters.com/...ications-idUSBREA331W820140404 surveillance state NSA EU EU-cloud USTR WTO digital-privacy
shared by Paul Merrell on 08 Apr 14 - No Cached
  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
  • Paul Merrell on 08 Apr 14
     
    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
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Cash, Weapons and Surveillance: the U.S. is a Key Party to Every Israeli Attack - The I... - 0 views

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shared by Paul Merrell on 05 Aug 14 - No Cached
  • 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.
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  • “The United States has been trying to broker peace in the Middle East for the past 20 years,” wrote the liberal commentator Kevin Drum in Mother Jones, last Tuesday. The following day, CNN reported that the Obama administration ”agreed to Israel’s request to resupply it with several types of ammunition … Among the items being bought are 120mm mortar rounds and 40mm ammunition for grenade launchers.” The new Snowden documents illustrate a crucial fact: Israeli aggression would be impossible without the constant, lavish support and protection of the U.S. government, which is anything but a neutral, peace-brokering party in these attacks. And the relationship between the NSA and its partners on the one hand, and the Israeli spying agency on the other, is at the center of that enabling.
  • Paul Merrell on 05 Aug 14
     
    Glenn Greenwald uses Edward Snowden documents to lift the blanket of secrecy off the U.S. Dark State's carnal relationship with the Israeli apartheid government's War on Arabs, and no real surprise here, the Palestinian Authority's role as a key provider of intelligence to both Israel and the U.S. 
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US Government Labeled Al Jazeera Journalist as Al Qaeda - 0 views

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shared by Paul Merrell on 09 May 15 - No Cached
  • The U.S. government labeled a prominent journalist as a member of Al Qaeda and placed him on a watch list of suspected terrorists, according to a top-secret document that details U.S. intelligence efforts to track Al Qaeda couriers by analyzing metadata. The briefing singles out Ahmad Muaffaq Zaidan, Al Jazeera’s longtime Islamabad bureau chief, as a member of the terrorist group. A Syrian national, Zaidan has focused his reporting throughout his career on the Taliban and Al Qaeda, and has conducted several high-profile interviews with senior Al Qaeda leaders, including Osama bin Laden.
  • The document cites Zaidan as an example to demonstrate the powers of SKYNET, a program that analyzes location and communication data (or “metadata”) from bulk call records in order to detect suspicious patterns. In the Terminator movies, SKYNET is a self-aware military computer system that launches a nuclear war to exterminate the human race, and then systematically kills the survivors. According to the presentation, the NSA uses its version of SKYNET to identify people that it believes move like couriers used by Al Qaeda’s senior leadership. The program assessed Zaidan as a likely match, which raises troubling questions about the U.S. government’s method of identifying terrorist targets based on metadata. It appears, however, that Zaidan had already been identified as an Al Qaeda member before he showed up on SKYNET’s radar. That he was already assigned a watch list number would seem to indicate that the government had a prior intelligence file on him. The Terrorist Identities Datamart Environment, or TIDE, is a U.S. government database of over one million names suspected of a connection to terrorism, which is shared across the U.S. intelligence community.
  • Peter Bergen, CNN’s national security analyst and author of several books on Al Qaeda and Osama bin Laden, told The Intercept, “I’ve known [Zaidan] for well over a decade, and he’s a first class journalist.” “He has the contacts and the access that of course no Western journalist has,” said Bergen. “But by that standard any journalist who spent time with Al Qaeda would be suspect.” Bergen himself interviewed bin Laden in 1997.
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  • That presentation states that the call data is acquired from major Pakistani telecom providers, though it does not specify the technical means by which the data is obtained. The June 2012 document poses the question: “Given a handful of courier selectors, can we find others that ‘behave similarly’” by analyzing cell phone metadata? “We are looking for different people using phones in similar ways,” the presentation continues, and measuring “pattern of life, social network, and travel behavior.” For the experiment, the analysts fed 55 million cell phone records from Pakistan into the system, the document states. The results identified someone who is “PROB” — which appears to mean probably — Zaidan as the “highest scoring selector” traveling between Peshawar and Lahore.
  • According to another 2012 presentation describing SKYNET, the program looks for terrorist connections based on questions such as “who has traveled from Peshawar to Faisalabad or Lahore (and back) in the past month? Who does the traveler call when he arrives?” and behaviors such as “excessive SIM or handset swapping,” “incoming calls only,” “visits to airports,” and “overnight trips.”
  • The following slide appears to show other top hits, noting that 21 of the top 500 were previously tasked for surveillance, indicating that the program is “on the right track” to finding people of interest. A portion of that list visible on the slide includes individuals supposedly affiliated with Al Qaeda and the Taliban, as well as members of Pakistan’s spy agency, Inter-Services Intelligence. But sometimes the descriptions are vague. One selector is identified simply as “Sikh Extremist.” As other documents from Snowden revealed, drone targets are often identified in part based on metadata analysis and cell phone tracking. Former NSA director Michael Hayden famously put it more bluntly in May 2014, when he said, “we kill people based on metadata.” Metadata also played a key role in locating and killing Osama bin Laden. The CIA used cell phone calling patterns to track an Al Qaeda courier and identify bin Laden’s hiding place in Pakistan.
  • A History of Targeting Al Jazeera  The U.S. government’s surveillance of Zaidan is not the first time that it has linked Al Jazeera or its personnel to Al Qaeda. During the invasion of Afghanistan, in November 2001, the United States bombed the network’s Kabul offices. The Pentagon claimed that it was “a known al-Qaeda facility.” That was just the beginning. Sami al-Hajj, an Al Jazeera cameraman, was imprisoned by the U.S. government at Guantanamo for six years before being released in 2008 without ever being charged. He has said he was repeatedly interrogated about Al Jazeera. In 2003, Al Jazeera’s financial reporters were barred from the trading floor of the New York Stock Exchange for “security reasons.” Nasdaq soon followed suit.
  • During the invasion of Iraq, U.S. forces bombed Al Jazeera’s Baghdad offices, killing correspondent Tariq Ayoub. The U.S. insisted it was unintentional, though Al Jazeera had given the Pentagon the coordinates of the building. When American forces laid siege to Fallujah, and Al Jazeera was one of the few news organizations broadcasting from within the city, Bush administration officials accused it of airing propaganda and lies. Al Jazeera’s Fallujah correspondent, Ahmed Mansour, reported that his crew had been targeted with tanks, and the house they had stayed in had been bombed by fighter jets. So great was the suspicion of Al Jazeera’s ties to terrorism that Dennis Montgomery, a contractor who had previously tried peddling cheat-detector software to Las Vegas casinos, managed to convince the CIA that he could decode secret Al Qaeda messages from Al Jazeera broadcasts. Those “codes” reportedly caused Bush to ground a number of commercial transatlantic flights in December 2003. But the U.S. government appeared to have somewhat softened its view of the network in the last several years. The Obama administration has criticized Egypt for holding three of Al Jazeera’s journalists on charges of aiding the Muslim Brotherhood. During the height of the 2011 Arab Spring, then-Secretary of State Hillary Clinton praised the network’s coverage, saying, “Viewership of Al Jazeera is going up in the United States because it’s real news.”
  • Zaidan is still Al Jazeera’s Islamabad bureau chief, and has also reported from Syria and Yemen in recent years. Al Jazeera vigorously defended his reporting. “Our commitment to our audiences is to gain access to authentic, raw, unfiltered information from key sources and present it in an honest and responsible way.” They added that, “our journalists continue to be targeted and stigmatized by governments,” even though “Al Jazeera is not the first channel that has met with controversial figures such as bin Laden and others — prominent western media outlets were among the first to do so.”
  • Paul Merrell on 09 May 15
     
    It was crazy. I was at home in Idaho sitting there watching TV and chatting with my internet buddy in Croatia. Then the black helicopters came for me ... 
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New Zealand Targets Trade Partners, Hacks Computers in Spy Operations - The Intercept - 0 views

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shared by Paul Merrell on 12 Mar 15 - No Cached
  • New Zealand is conducting covert surveillance operations against some of its strongest trading partners and has obtained sophisticated malware to infect targeted computers and steal data, newly released documents reveal. The country’s eavesdropping agency, Government Communications Security Bureau, or GCSB, is carrying out the surveillance across the Asia-Pacific region and beyond as part of its membership in the Five Eyes, a spying alliance that includes New Zealand as well as the United States, the United Kingdom, Canada, and Australia. The documents, revealed on Tuesday by the New Zealand Herald in collaboration with The Intercept, expose more details about the scope of New Zealand’s involvement in the Five Eyes, and show that the agency’s reach extends far beyond its previously reported eavesdropping on at least ten small South Pacific nations and territories. According to secret files from the National Security Agency, obtained by The Intercept from whistleblower Edward Snowden, GCSB is targeting about 20 different nations and territories in total and sharing the intercepted data with the NSA. A top-secret document dated from April 2013 notes that the New Zealand agency “provides [the NSA with] collection on China, Japanese/North Korean/Vietnamese/South American diplomatic communications, South Pacific Island nations, Pakistan, India, Iran, and Antarctica.”
  • Aside from eavesdropping on communications through traditional interception methods, such as by capturing signals as they are passing between satellites or phone cables, the New Zealand agency has also become directly involved in more aggressive methods of spying and cyberwar. The newly revealed documents show that it has obtained a malware tool that is part of a platform named WARRIORPRIDE, used by the NSA and other Five Eyes agencies to hack into computers and smartphones, infect them with a bug, and then steal data. The documents note that GCSB “has a WARRIORPRIDE capability that can collect against an ASEAN target.” ASEAN, or Association of Southeast Asian Nations, may be a reference to New Zealand’s operations targeting Vietnam. The surveillance being conducted by the GCSB shines light on a secret variant of New Zealand’s foreign policy that contrasts with its official public foreign policy. Vietnam, for instance, has friendly relations with New Zealand and is a growing trading partner. The New Zealand government describes its relationship with Vietnam as having “flourished in the last 15 years.” The country poses no security or terrorist threat to New Zealand, the traditional explanation for GCSB operations given to the public. Yet its government is still on the GCSB spying list and its diplomatic communications have been eavsedropped on, likely in violation of the 1961 Vienna Convention of Diplomatic Relations, an international treaty ratified by New Zealand that says diplomats’ correspondence is “inviolable.”
  • Paul Merrell on 12 Mar 15
     
    The Vienna Convention on Diplomatic Relations provides in relevant part: "1.The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State. "2.The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.: I see no relevant loophole.
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Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

thecable.foreignpolicy.com/...line_privacy_rights_everywhere surveillance state NSA NSA-blowback UN digital-privacy human rights
shared by Paul Merrell on 22 Nov 13 - No Cached
  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
  • Paul Merrell on 22 Nov 13
     
    Woo-hoo! Go get'em, U.N.
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From Radio to Porn, British Spies Track Web Users' Online Identities - 0 views

theintercept.com/...ck-web-users-online-identities surveillance state GCHQ Black-Hole
shared by Paul Merrell on 27 Sep 15 - No Cached
  • HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
  • Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.
  • The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant
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  • A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events” — a term the agency uses to refer to metadata records — with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it said would be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.”
  • A document from the GCHQ target analysis center (GTAC) shows the Black Hole repository’s structure.
  • The data is searched by GCHQ analysts in a hunt for behavior online that could be connected to terrorism or other criminal activity. But it has also served a broader and more controversial purpose — helping the agency hack into European companies’ computer networks. In the lead up to its secret mission targeting Netherlands-based Gemalto, the largest SIM card manufacturer in the world, GCHQ used MUTANT BROTH in an effort to identify the company’s employees so it could hack into their computers. The system helped the agency analyze intercepted Facebook cookies it believed were associated with Gemalto staff located at offices in France and Poland. GCHQ later successfully infiltrated Gemalto’s internal networks, stealing encryption keys produced by the company that protect the privacy of cell phone communications.
  • Similarly, MUTANT BROTH proved integral to GCHQ’s hack of Belgian telecommunications provider Belgacom. The agency entered IP addresses associated with Belgacom into MUTANT BROTH to uncover information about the company’s employees. Cookies associated with the IPs revealed the Google, Yahoo, and LinkedIn accounts of three Belgacom engineers, whose computers were then targeted by the agency and infected with malware. The hacking operation resulted in GCHQ gaining deep access into the most sensitive parts of Belgacom’s internal systems, granting British spies the ability to intercept communications passing through the company’s networks.
  • In March, a U.K. parliamentary committee published the findings of an 18-month review of GCHQ’s operations and called for an overhaul of the laws that regulate the spying. The committee raised concerns about the agency gathering what it described as “bulk personal datasets” being held about “a wide range of people.” However, it censored the section of the report describing what these “datasets” contained, despite acknowledging that they “may be highly intrusive.” The Snowden documents shine light on some of the core GCHQ bulk data-gathering programs that the committee was likely referring to — pulling back the veil of secrecy that has shielded some of the agency’s most controversial surveillance operations from public scrutiny. KARMA POLICE and MUTANT BROTH are among the key bulk collection systems. But they do not operate in isolation — and the scope of GCHQ’s spying extends far beyond them.
  • The agency operates a bewildering array of other eavesdropping systems, each serving its own specific purpose and designated a unique code name, such as: SOCIAL ANTHROPOID, which is used to analyze metadata on emails, instant messenger chats, social media connections and conversations, plus “telephony” metadata about phone calls, cell phone locations, text and multimedia messages; MEMORY HOLE, which logs queries entered into search engines and associates each search with an IP address; MARBLED GECKO, which sifts through details about searches people have entered into Google Maps and Google Earth; and INFINITE MONKEYS, which analyzes data about the usage of online bulletin boards and forums. GCHQ has other programs that it uses to analyze the content of intercepted communications, such as the full written body of emails and the audio of phone calls. One of the most important content collection capabilities is TEMPORA, which mines vast amounts of emails, instant messages, voice calls and other communications and makes them accessible through a Google-style search tool named XKEYSCORE.
  • As of September 2012, TEMPORA was collecting “more than 40 billion pieces of content a day” and it was being used to spy on people across Europe, the Middle East, and North Africa, according to a top-secret memo outlining the scope of the program. The existence of TEMPORA was first revealed by The Guardian in June 2013. To analyze all of the communications it intercepts and to build a profile of the individuals it is monitoring, GCHQ uses a variety of different tools that can pull together all of the relevant information and make it accessible through a single interface. SAMUEL PEPYS is one such tool, built by the British spies to analyze both the content and metadata of emails, browsing sessions, and instant messages as they are being intercepted in real time. One screenshot of SAMUEL PEPYS in action shows the agency using it to monitor an individual in Sweden who visited a page about GCHQ on the U.S.-based anti-secrecy website Cryptome.
  • Partly due to the U.K.’s geographic location — situated between the United States and the western edge of continental Europe — a large amount of the world’s Internet traffic passes through its territory across international data cables. In 2010, GCHQ noted that what amounted to “25 percent of all Internet traffic” was transiting the U.K. through some 1,600 different cables. The agency said that it could “survey the majority of the 1,600” and “select the most valuable to switch into our processing systems.”
  • According to Joss Wright, a research fellow at the University of Oxford’s Internet Institute, tapping into the cables allows GCHQ to monitor a large portion of foreign communications. But the cables also transport masses of wholly domestic British emails and online chats, because when anyone in the U.K. sends an email or visits a website, their computer will routinely send and receive data from servers that are located overseas. “I could send a message from my computer here [in England] to my wife’s computer in the next room and on its way it could go through the U.S., France, and other countries,” Wright says. “That’s just the way the Internet is designed.” In other words, Wright adds, that means “a lot” of British data and communications transit across international cables daily, and are liable to be swept into GCHQ’s databases.
  • A map from a classified GCHQ presentation about intercepting communications from undersea cables. GCHQ is authorized to conduct dragnet surveillance of the international data cables through so-called external warrants that are signed off by a government minister. The external warrants permit the agency to monitor communications in foreign countries as well as British citizens’ international calls and emails — for example, a call from Islamabad to London. They prohibit GCHQ from reading or listening to the content of “internal” U.K. to U.K. emails and phone calls, which are supposed to be filtered out from GCHQ’s systems if they are inadvertently intercepted unless additional authorization is granted to scrutinize them. However, the same rules do not apply to metadata. A little-known loophole in the law allows GCHQ to use external warrants to collect and analyze bulk metadata about the emails, phone calls, and Internet browsing activities of British people, citizens of closely allied countries, and others, regardless of whether the data is derived from domestic U.K. to U.K. communications and browsing sessions or otherwise. In March, the existence of this loophole was quietly acknowledged by the U.K. parliamentary committee’s surveillance review, which stated in a section of its report that “special protection and additional safeguards” did not apply to metadata swept up using external warrants and that domestic British metadata could therefore be lawfully “returned as a result of searches” conducted by GCHQ.
  • Perhaps unsurprisingly, GCHQ appears to have readily exploited this obscure legal technicality. Secret policy guidance papers issued to the agency’s analysts instruct them that they can sift through huge troves of indiscriminately collected metadata records to spy on anyone regardless of their nationality. The guidance makes clear that there is no exemption or extra privacy protection for British people or citizens from countries that are members of the Five Eyes, a surveillance alliance that the U.K. is part of alongside the U.S., Canada, Australia, and New Zealand. “If you are searching a purely Events only database such as MUTANT BROTH, the issue of location does not occur,” states one internal GCHQ policy document, which is marked with a “last modified” date of July 2012. The document adds that analysts are free to search the databases for British metadata “without further authorization” by inputing a U.K. “selector,” meaning a unique identifier such as a person’s email or IP address, username, or phone number. Authorization is “not needed for individuals in the U.K.,” another GCHQ document explains, because metadata has been judged “less intrusive than communications content.” All the spies are required to do to mine the metadata troves is write a short “justification” or “reason” for each search they conduct and then click a button on their computer screen.
  • Intelligence GCHQ collects on British persons of interest is shared with domestic security agency MI5, which usually takes the lead on spying operations within the U.K. MI5 conducts its own extensive domestic surveillance as part of a program called DIGINT (digital intelligence).
  • GCHQ’s documents suggest that it typically retains metadata for periods of between 30 days to six months. It stores the content of communications for a shorter period of time, varying between three to 30 days. The retention periods can be extended if deemed necessary for “cyber defense.” One secret policy paper dated from January 2010 lists the wide range of information the agency classes as metadata — including location data that could be used to track your movements, your email, instant messenger, and social networking “buddy lists,” logs showing who you have communicated with by phone or email, the passwords you use to access “communications services” (such as an email account), and information about websites you have viewed.
  • Records showing the full website addresses you have visited — for instance, www.gchq.gov.uk/what_we_do — are treated as content. But the first part of an address you have visited — for instance, www.gchq.gov.uk — is treated as metadata. In isolation, a single metadata record of a phone call, email, or website visit may not reveal much about a person’s private life, according to Ethan Zuckerman, director of Massachusetts Institute of Technology’s Center for Civic Media. But if accumulated and analyzed over a period of weeks or months, these details would be “extremely personal,” he told The Intercept, because they could reveal a person’s movements, habits, religious beliefs, political views, relationships, and even sexual preferences. For Zuckerman, who has studied the social and political ramifications of surveillance, the most concerning aspect of large-scale government data collection is that it can be “corrosive towards democracy” — leading to a chilling effect on freedom of expression and communication. “Once we know there’s a reasonable chance that we are being watched in one fashion or another it’s hard for that not to have a ‘panopticon effect,’” he said, “where we think and behave differently based on the assumption that people may be watching and paying attention to what we are doing.”
  • When compared to surveillance rules in place in the U.S., GCHQ notes in one document that the U.K. has “a light oversight regime.” The more lax British spying regulations are reflected in secret internal rules that highlight greater restrictions on how NSA databases can be accessed. The NSA’s troves can be searched for data on British citizens, one document states, but they cannot be mined for information about Americans or other citizens from countries in the Five Eyes alliance. No such constraints are placed on GCHQ’s own databases, which can be sifted for records on the phone calls, emails, and Internet usage of Brits, Americans, and citizens from any other country. The scope of GCHQ’s surveillance powers explain in part why Snowden told The Guardian in June 2013 that U.K. surveillance is “worse than the U.S.” In an interview with Der Spiegel in July 2013, Snowden added that British Internet cables were “radioactive” and joked: “Even the Queen’s selfies to the pool boy get logged.”
  • In recent years, the biggest barrier to GCHQ’s mass collection of data does not appear to have come in the form of legal or policy restrictions. Rather, it is the increased use of encryption technology that protects the privacy of communications that has posed the biggest potential hindrance to the agency’s activities. “The spread of encryption … threatens our ability to do effective target discovery/development,” says a top-secret report co-authored by an official from the British agency and an NSA employee in 2011. “Pertinent metadata events will be locked within the encrypted channels and difficult, if not impossible, to prise out,” the report says, adding that the agencies were working on a plan that would “(hopefully) allow our Internet Exploitation strategy to prevail.”
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NSA stores metadata of millions of web users for up to a year, secret files show | Worl... - 0 views

www.theguardian.com/...ricans-metadata-year-documents surveillance state NSA pattern-of-life
shared by Paul Merrell on 01 Oct 13 - No Cached
  • • Vast amounts of data kept in repository codenamed Marina• Data retained regardless of whether person is NSA target• Material used to build 'pattern-of-life' profiles of individuals
  • Any computer metadata picked up by NSA collection systems is routed to the Marina database, the guide explains.
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Exclusive: Emails reveal close Google relationship with NSA | Al Jazeera America - 0 views

america.aljazeera.com/...nsa-chief-google.html surveillance state NSA Alexander Google Schmidt Brin
shared by Paul Merrell on 07 May 14 - No Cached
  • Email exchanges between National Security Agency Director Gen. Keith Alexander and Google executives Sergey Brin and Eric Schmidt suggest a far cozier working relationship between some tech firms and the U.S. government than was implied by Silicon Valley brass after last year’s revelations about NSA spying. Disclosures by former NSA contractor Edward Snowden about the agency’s vast capability for spying on Americans’ electronic communications prompted a number of tech executives whose firms cooperated with the government to insist they had done so only when compelled by a court of law. But Al Jazeera has obtained two sets of email communications dating from a year before Snowden became a household name that suggest not all cooperation was under pressure.
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The NSA and American Spies Targeted SPIEGEL - SPIEGEL ONLINE - 0 views

www.spiegel.de/...argeted-spiegel-a-1042023.html surveillance state NSA CIA BND NSA-targets Spiegel
shared by Paul Merrell on 04 Jul 15 - No Cached
  • Revelations from WikiLeaks published this week show how boundlessly and comprehensively American intelligence services spied on the German government. It has now emerged that the US also conducted surveillance against SPIEGEL.
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Information Warfare: Automated Propaganda and Social Media Bots | Global Research - 0 views

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  • NATO has announced that it is launching an “information war” against Russia. The UK publicly announced a battalion of keyboard warriors to spread disinformation. It’s well-documented that the West has long used false propaganda to sway public opinion. Western military and intelligence services manipulate social media to counter criticism of Western policies. Such manipulation includes flooding social media with comments supporting the government and large corporations, using armies of sock puppets, i.e. fake social media identities. See this, this, this, this and this. In 2013, the American Congress repealed the formal ban against the deployment of propaganda against U.S. citizens living on American soil. So there’s even less to constrain propaganda than before.
  • Information warfare for propaganda purposes also includes: The Pentagon, Federal Reserve and other government entities using software to track discussion of political issues … to try to nip dissent in the bud before it goes viral “Controlling, infiltrating, manipulating and warping” online discourse Use of artificial intelligence programs to try to predict how people will react to propaganda
  • Some of the propaganda is spread by software programs. We pointed out 6 years ago that people were writing scripts to censor hard-hitting information from social media. One of America’s top cyber-propagandists – former high-level military information officer Joel Harding – wrote in December: I was in a discussion today about information being used in social media as a possible weapon.  The people I was talking with have a tool which scrapes social media sites, gauges their sentiment and gives the user the opportunity to automatically generate a persuasive response. Their tool is called a “Social Networking Influence Engine”. *** The implications seem to be profound for the information environment. *** The people who own this tool are in the civilian world and don’t even remotely touch the defense sector, so getting approval from the US Department of State might not even occur to them.
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  • How Can This Real? Gizmodo reported in 2010: Software developer Nigel Leck got tired rehashing the same 140-character arguments against climate change deniers, so he programmed a bot that does the work for him. With citations! Leck’s bot, @AI_AGW, doesn’t just respond to arguments directed at Leck himself, it goes out and picks fights. Every five minutes it trawls Twitter for terms and phrases that commonly crop up in Tweets that refute human-caused climate change. It then searches its database of hundreds to find a counter-argument best suited for that tweet—usually a quick statement and a link to a scientific source. As can be the case with these sorts of things, many of the deniers don’t know they’ve been targeted by a robot and engage AI_AGW in debate. The bot will continue to fire back canned responses that best fit the interlocutor’s line of debate—Leck says this goes on for days, in some cases—and the bot’s been outfitted with a number of responses on the topic of religion, where the arguments unsurprisingly often end up. Technology has come a long way in the past 5 years. So if a lone programmer could do this 5 years ago, imagine what he could do now. And the big players have a lot more resources at their disposal than a lone climate activist/software developer does.  For example, a government expert told the Washington Post that the government “quite literally can watch your ideas form as you type” (and see this).  So if the lone programmer is doing it, it’s not unreasonable to assume that the big boys are widely doing it.
  • How Effective Are Automated Comments? Unfortunately, this is more effective than you might assume … Specifically, scientists have shown that name-calling and swearing breaks down people’s ability to think rationally … and intentionally sowing discord and posting junk comments to push down insightful comments  are common propaganda techniques. Indeed, an automated program need not even be that sophisticated … it can copy a couple of words from the main post or a comment, and then spew back one or more radioactive labels such as “terrorist”, “commie”, “Russia-lover”, “wimp”, “fascist”, “loser”, “traitor”, “conspiratard”, etc. Given that Harding and his compadres consider anyone who questions any U.S. policies as an enemy of the state  – as does the Obama administration (and see this) – many honest, patriotic writers and commenters may be targeted for automated propaganda comments.
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How Israel helps eavesdrop on US citizens | The Electronic Intifada - 0 views

electronicintifada.net/...7788 surveillance state NSA Israel Unit 8200 Narus Verint
shared by Paul Merrell on 15 Jun 13 - No Cached
  • It is well-known that the two largest American telecom companies AT&T and Verizon collaborated with the US government to allow illegal eavesdropping on their customers. The known uses to which information obtained this way has been put include building the government’s massive secret “watch lists,” and “no-fly lists” and even, Bamford suggests, to deny Small Business Administration loans to citizens or reject their children’s applications to military colleges. What is less well-known is that AT&T and Verizon handed “the bugging of their entire networks — carrying billions of American communications every day” to two companies founded in Israel. Verint and Narus, as they are called, are “superintrusive — conducting mass surveillance on both international and domestic communications 24/7,” and sifting traffic at “key Internet gateways” around the US.
  • Virtually all US voice and data communications and much from the rest of the world can be remotely accessed by these companies in Israel, which Bamford describes as “the eavesdropping capital of the world.” Although there is no way to prove cooperation, Bamford writes that “the greatest potential beneficiaries of this marriage between the Israeli eavesdroppers and America’s increasingly centralized telecom grid are Israel’s intelligence agencies.” Israel’s spy agencies have long had a revolving-door relationship with Verint and Narus and other Israeli military-security firms. The relationship is particularly close between the firms and Israel’s own version of the NSA, called “Unit 8200.”
  • Israeli companies seeking a share of massively expanded US intelligence budgets formed similarly incestuous relationships with some in the American intelligence establishment: Ken Minihan, a former director of the NSA, served on Verint’s “security committee” and the former Federal Bureau of Investigation (FBI) official responsible for liaison with the telecom industry became head of the Verint unit that sold eavesdropping equipment to the FBI and NSA.
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  • FISA — the Foreign Intelligence Surveillance Act of 1978 — required the government to seek court warrants for wiretaps where at least one target was in the US. In 2005, it was revealed that the Bush administration had been flagrantly violating this law. Last July, Congress passed a bill legalizing this activity and giving retroactive immunity to the telecom companies that had assisted.
  • Israel has a well-established record of compromising American national security. The most notorious case was that of convicted spy Jonathan Pollard. Although the full details of his crimes are still secret, he is thought to have passed critical information about US intelligence-gathering methods to Israel, which then traded those secrets to US adversaries. In 2005, Larry Franklin, a Defense Department analyst, pleaded guilty to spying for Israel. Most recently, Ben-Ami Kadish, a retired US army engineer, was indicted in April for allegedly passing classified documents about US nuclear weapons to Israel from 1979 to 1985. Two former officials of AIPAC, the pro-Israel lobbying group, are still awaiting trial on charges that they passed classified information between Franklin and the Israeli government.
  • Nor have particular Israeli firms established a record of trustworthiness that would justify such complacency. Jacob “Kobi” Alexander, the former Israeli intelligence officer who founded Verint, fled the US to Israel in 2006 just before he and other top executives of a subsidiary were indicted for fraud that allegedly cost US taxpayers and company shareholders $138 million. Alexander eventually adopted a fake identity and hid in the southern African country of Namibia where he is now fighting extradition
  • Israeli companies do not assist the US only to spy on its own citizens, of course. Another Israeli firm, Natural Speech Communication (NSC), among whose directors is former Mossad chief Shabtai Shavit, makes software that the US uses to electronically analyze and key-word search recorded conversations in “Levantine Arabic,” the dialects “spoken by Israeli Arabs, Jordanians, Lebanese and Palestinians.” Mexico and Australia are among other countries known to use Israeli technologies and firms to eavesdrop on their citizens.
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Irish court peels off gloves, hands Facebook PROBE request to ECJ * The Register - 0 views

www.theregister.co.uk/...ers_facebook_prism_case_to_ecj surveillance state NSA Ireland EU-Court-of-Justice Facebook
shared by Paul Merrell on 19 Jun 14 - No Cached
  • The High Court in Ireland has referred a review of a complaint against Facebook to Europe's top court. The complaint alleges the social network shared EU users' data with the US National Security Agency.The European Court of Justice is to assess whether EU law needs to be updated in light of the PRISM revelations, which could have a knock-on effect on tech firms from Facebook to Google. <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""></a> Austrian law student Maximillian Schrems took Facebook to court in Ireland, where the social network’s European HQ is located, over the revelations from NSA whistleblower Edward Snowden that personal data held by tech firms like Facebook was routinely being slurped by US spooks.
  • Schrems first asked the Irish Data Commissioner to investigate the legality of Facebook Ireland sending his info over to the States, where it could be seen by the security services, but when the commissioner refused to investigate, he sought a judicial review at the High Court.The Commissioner had ruled that Schrems didn’t have a case because he couldn’t prove that anyone had slurped his data in particular and anyway, the EU has an agreement with the US under the “Safe Harbour” principle decided way back in 2000. This principle governs data flow from Europe to United States and allows US firms to self-certify themselves as respectful of European data protection rules.High Court Justice Gerard Hogan said Schrems did not need to prove that his own data had been spied upon to make a complaint.“Quite obviously, Mr Schrems cannot say whether his own personal data has ever been accessed or whether it would ever be accessed by the US authorities,” he wrote in his ruling.
  • “But even if this were considered to be unlikely, he is nonetheless certainly entitled to object to a state of affairs where his data are transferred to a jurisdiction which, to all intents and purposes, appears to provide only a limited protection against any interference with that private data by the US security authorities.”However, he said that only the European Court of Justice could decide that individual member states were allowed to look past the Safe Harbour principle or reinterpret its meaning. Hogan said that Schrems, who had filed on behalf of the Europe-v-Facebook group, really had a problem with this principle and acknowledged that there may be an argument for the idea that the rule was outdated.“The Safe Harbour Regime… may reflect a somewhat more innocent age in terms of data protection,” he said. “This Regime came into force prior to the advent of social media and, of course, before the massive terrorist attacks on American soil which took place on September 11th, 2001.”
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  • Hogan also admitted that the PRISM programme of surveillance was wrong by the letter of Irish law, which protects people’s data and the inviolability of their homes.“It is very difficult to see how the mass and undifferentiated accessing by state authorities of personal data generated perhaps especially with the home… could survive constitutional scrutiny,” he said.“The potential for abuse in such cases would be enormous and might even give rise to the possibility that no facet of private or domestic life with the home would be immune from potential state scrutiny.“Such a state of affairs – with its gloomy echoes of the mass state surveillance programmes conducted in totalitarian states such as the German Democratic Republic of Ulbricht and Honecker – would be totally at odds with the basic premises and fundamental values of the Constitution.”
  • However, he said that Irish law is pre-empted by EU law in this case and the Court of Justice needed to assess whether the interpretation of the Safe Harbour Regime needed to be re-evaluated.Any verdict from the European court will likely apply to all US companies that have participated in PRISM and operate in the region, Schrems said of the ruling.“We did not prepare for a direct reference to the ECJ, but this is the best outcome we could have wished for,” he said. “We will study the judgment in detail and will take the next steps as soon as possible.” ®
  • Paul Merrell on 19 Jun 14
     
    If you're in the market to purchase a few cloud server farms located in the U.S., you may want to hold off until the EU Court of Justice rules. Prices could be tumbling shortly afterward.  In related news, Reps. Zoe Lofgren and Thomas Massie have introduced a bipartisan amendment to the annual Department of Defense Appropriations bill (H.R. 4870) that would prohibit use of the bill's funds to: 1) Conduct warrantless searches of Americans' communications collected and stored by the NSA under Section 702 of the FISA Amendments Act. 2) Mandate or request that backdoors for surveillance be built into products or services, except those covered under the Communications Assistance for Law Enforcement Act.
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