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In 2006, an AT&T technician named Mark Klein discovered a secret room inside the company’s windowless “Folsom Street Facility” in downtown San Francisco that was bristling with Narus machines. The now notorious Room 641A was controlled by the NSA, which was using it to collect AT&T customer data for data mining and real-time analysis. Thanks to the powerful NarusInsight system, the NSA was able to monitor 108 billion emails from AT&T customers per day.

Following a lawsuit filed against AT&T by the Electronic Freedom Foundation, Congress passed the FISA Amendments Act in July 2008, giving retroactive immunity to telecom corporations that assisted the NSA, and relieving them of any consequences for spying on Americans. Cass Sunstein, an informal advisor to Barack Obama’s 2008 presidential campaign who now heads the Office of Information and Regulatory Affairs, and who has urged federal law enforcement to “cognitively infiltrate” anti-government groups, was an outspoken supporter of the retroactive immunity bill. With Sunstein by his side, Obama reversed his initial objections to the NSA’s domestic spying operations, voting as a Senator for retroactive immunity. The vote allowed the NSA to expand its domestic spying operations, clearing the legal hurdles obstructing the creation of PRISM. The stage was set for the second term scandal that would leave Obama reeling.

Binney told me that throughout the United States there are currently as many as 20 NSA black sites like Room 641A. Narus devices, he said, have been placed at fiber-optic convergence points, allowing the NSA to retrieve about 80 percent of data carried through telecom and online service providers. Binney emphasized that the devices do not only retrieve so-called metadata, which only offers general records of data, but that they gather the actual content of emails and calls. (“We can reconstruct all of their e-mails along with attachments, see what web pages they clicked on; we can reconstruct their (Voice Over Internet) calls,” said Steve Bannerman, the marketing director of Narus). Thanks to PRISM, the NSA bas been able to “fill in the gaps,” Binney explained, gathering bulk data from communications the NSA might have missed with the NarusInsight system, especially those made between Americans and foreign countries.

Barton Gellman’s explosive story in last Thursday’s Washington Post revealed an unnerving audit of the National Security Agency that showed, among other things, that the federal government “broke privacy rules thousands of times per year” in conducting extensive and “unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order.” Thus was put convincingly to bed the now-obselete notion that the NSA’s claim on the privacy of the righteous was merely declaratory.

Contrary to the self-satisfied insistence of America’s national-security apologists, none of the excuses made on behalf of the NSA are reassuring. To both their credit and discredit, people in the United States continue to exhibit a definite fear of accusing public servants of mendacity. It is therefore apparently beyond the pale to suggest that President Obama was “lying” when he promised that the “transparent” NSA has not been “actually abusing” its power and that “we don’t have a domestic spying program.” For the sake of this column, I shall defer to the tradition.

Nevertheless, if Obama was in fact not lying, then there remain only two reasonable options as to why his explanations and the truth are so far removed from one another: Either the president of the United States is so genuinely and worryingly out of touch with his own NSA that he has no idea what is going on, or his conception of what constitutes “abuse” is appreciably different enough from everyone else’s that he is unsuited to the high office he holds. As The Atlantic’s Conor Friedersdorf helpfully clarifies: “The 2,776 incidents of illegal surveillance” that the audit revealed “don’t mean that just 2,766 people had their rights violated — in just a single one of those 2,776 incidents, 3,000 people had their rights violated,” sometimes because operators inadvertently started tracking all calls into Washington, D.C. If this is not “abuse,” what is?

"In a review of NSA surveillance last month, President Obama called for a new approach on telephony metadata that will 'establish a mechanism that preserves the capabilities we need without the government holding this bulk metadata.' Obama said that a third party holding all the data in a single, consolidated database would be essentially doing what is a government function, and may not increase public confidence that its privacy is being protected. Now, an RFI (request for information) has been posted to get information on U.S. industry's commercially available capabilities, so that the government can investigate alternative approaches."

In a letter sent to President Obama and members of Congress, former members and staff of the Church Committee on intelligence said that the revelations of the NSA activities have caused “a crisis of public confidence” and encouraged the formation of a new committee to undertake “significant and public reexamination of intelligence community practices”. Although it may seem like the NSA’s activities have only recently come under public scrutiny, the agency first was dragged into the light in 1975 when reports surfaced that for decades it had had secret agreements with telegram companies to get copies of Americans’ international communications. The Church committee, formally known as the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, was formed to investigate the NSA’s methods and produced a report that took the agency to task for overstepping its bounds and expanding programs well beyond their initial scope.

“We have seen a consistent pattern in which programs initiated with limited goals, such as preventing criminal violence or identifying foreign spies, were expanded to what witnesses characterized as ‘vacuum cleaners,’ weeping in information about lawful activities of American citizens. The tendency of intelligence activities to expand beyond their initial scope is a theme, which runs through every aspect of our investigative findings,” the committee’s final report said. In the letter sent Monday to Obama and Congress, several former advisers to and members of the Church committee, including the former chief counsel, said that the current situation involving the NSA bears striking resemblances to the one in 1975 and that the scope of what the NSA is doing today is orders of magnitude larger than what was happening nearly 40 years ago.

“The need for another thorough, independent, and public congressional investigation of intelligence activity practices that affect the rights of Americans is apparent. There is a crisis of public confidence. Misleading statements by agency officials to Congress, the courts, and the public have undermined public trust in the intelligence community and in the capacity for the branches of government to provide meaningful oversight,” the letter says. “The scale of domestic communications surveillance the NSA engages in today dwarfs the programs revealed by the Church Committee. Indeed, 30 years ago, the NSA’s surveillance practices raised similar concerns as those today.” Signed by 15 former advisers and members of the committee, including Frederick A.O. Schwarz Jr., the lead counsel for the committee, the letter is addressed to Obama, Congress and the American public.

Brazil's president, Dilma Rousseff, has launched a blistering attack on US espionage at the UN general assembly, accusing the NSA of violating international law by its indiscriminate collection of personal information of Brazilian citizens and economic espionage targeted on the country's strategic industries.Rousseff's angry speech was a direct challenge to President Barack Obama, who was waiting in the wings to deliver his own address to the UN general assembly, and represented the most serious diplomatic fallout to date from the revelations by former NSA contractor Edward Snowden.

Washington's efforts to smooth over Brazilian outrage over NSA espionage have so far been rebuffed by Rousseff, who has proposed that Brazil build its own internet infrastructure."Friendly governments and societies that seek to build a true strategic partnership, as in our case, cannot allow recurring illegal actions to take place as if they were normal. They are unacceptable," she said."The arguments that the illegal interception of information and data aims at protecting nations against terrorism cannot be sustained. Brazil, Mr President, knows how to protect itself. We reject, fight and do not harbour terrorist groups," Rousseff said."As many other Latin Americans, I fought against authoritarianism and censorship and I cannot but defend, in an uncompromising fashion, the right to privacy of individuals and the sovereignty of my country," the Brazilian president said. She was imprisoned and tortured for her role in a guerilla movement opposed to Brazil's military dictatorship in the 1970s."In the absence of the right to privacy, there can be no true freedom of expression and opinion, and therefore no effective democracy. In the absence of the respect for sovereignty, there is no basis for the relationship among nations."

Put simply, everyone who feared that the NSA collects location data on Americans was correct. But they didn't learn that back when they expressed those fears.  Quite the contrary. On multiple occasions, Obama Administration officials spoke about the collection of cell-phone location data in ways that were often technically accurate but wildly deceptive. In so doing, they succeeded in confusing the surveillance debate and creating the inaccurate impression that location data wasn't being collected. This is a review of their deceptions. 

Obama Administration officials carried out all this deception even though they knew that Snowden's cache would likely reveal the truth about the collection of location data. Sure enough, the truth came out a few months later, but it wouldn't be correct to suggest that their efforts had no consequences. Their behavior on this matter perfectly illustrates why neither the press nor the public should ever take anything a surveillance-state official says at face value. Even if they usually (though not always) say things that are technically true, they are also masters of deception, willing to egregiously mislead with their rhetoric if doing so will help them maintain maximum secrecy a bit longer. 

Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws. The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors' Internet links. Since then, however, the program has been expanded by President Obama to cover all critical infrastructure sectors including energy, healthcare, and finance starting June 12. "The Justice Department is helping private companies evade federal wiretap laws," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week. "Alarm bells should be going off." Those documents show the National Security Agency and the Defense Department were deeply involved in pressing for the secret legal authorization, with NSA director Keith Alexander participating in some of the discussions personally. Despite initial reservations, including from industry participants, Justice Department attorneys eventually signed off on the project.

The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as "2511 letters," a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books. The Wiretap Act limits the ability of Internet providers to eavesdrop on network traffic except when monitoring is a "necessary incident" to providing the service or it takes place with a user's "lawful consent." An industry representative told CNET the 2511 letters provided legal immunity to the providers by agreeing not to prosecute for criminal violations of the Wiretap Act. It's not clear how many 2511 letters were issued by the Justice Department. In 2011, Deputy Secretary of Defense William Lynn publicly disclosed the existence of the original project, called the DIB Cyber Pilot, which used login banners to inform network users that monitoring was taking place. In May 2012, the pilot was turned into an ongoing program -- broader but still voluntary -- by the name of Joint Cybersecurity Services Pilot, with the Department of Homeland Security becoming involved for the first time. It was renamed again to Enhanced Cybersecurity Services program in January, and is currently being expanded to all types of companies operating critical infrastructure.

Paul Rosenzweig, a former Homeland Security official and founder of Red Branch Consulting, compared the NSA and DOD asking the Justice Department for 2511 letters to the CIA asking the Justice Department for the so-called torture memos a decade ago. (They were written by Justice Department official John Yoo, who reached the controversial conclusion that waterboarding was not torture.) "If you think of it poorly, it's a CYA function," Rosenzweig says. "If you think well of it, it's an effort to secure advance authorization for an action that may not be clearly legal." A report (PDF) published last month by the Congressional Research Service, a non-partisan arm of Congress, says the executive branch likely does not have the legal authority to authorize more widespread monitoring of communications unless Congress rewrites the law. "Such an executive action would contravene current federal laws protecting electronic communications," the report says.

This week, the Associated Press exposed a secret program run by the U.S. Agency for International Development to create “a Twitter-like Cuban communications network” run through “secret shell companies” in order to create the false appearance of being a privately owned operation. Unbeknownst to the service’s Cuban users was the fact that “American contractors were gathering their private data in the hope that it might be used for political purposes”–specifically, to manipulate those users in order to foment dissent in Cuba and subvert its government. According to top-secret documents published today by The Intercept, this sort of operation is frequently discussed at western intelligence agencies, which have plotted ways to covertly use social media for ”propaganda,” “deception,” “mass messaging,” and “pushing stories.” These ideas–discussions of how to exploit the internet, specifically social media, to surreptitiously disseminate viewpoints friendly to western interests and spread false or damaging information about targets–appear repeatedly throughout the archive of materials provided by NSA whistleblower Edward Snowden. Documents prepared by NSA and its British counterpart GCHQ–and previously published by The Intercept as well as some by NBC News–detailed several of those programs, including a unit devoted in part to “discrediting” the agency’s enemies with false information spread online.

he documents in the archive show that the British are particularly aggressive and eager in this regard, and formally shared their methods with their U.S. counterparts. One previously undisclosed top-secret document–prepared by GCHQ for the 2010 annual “SIGDEV” gathering of the “Five Eyes” surveillance alliance comprising the UK, Canada, New Zealand, Australia, and the U.S.–explicitly discusses ways to exploit Twitter, Facebook, YouTube, and other social media as secret platforms for propaganda.

The document was presented by GCHQ’s Joint Threat Research Intelligence Group (JTRIG). The unit’s self-described purpose is “using online techniques to make something happen in the real or cyber world,” including “information ops (influence or disruption).” The British agency describes its JTRIG and Computer Network Exploitation operations as a “major part of business” at GCHQ, conducting “5% of Operations.” The annual SIGDEV conference, according to one NSA document published today by The Intercept, “enables unprecedented visibility of SIGINT Development activities from across the Extended Enterprise, Second Party and US Intelligence communities.” The 2009 Conference, held at Fort Meade, included “eighty-six representatives from the wider US Intelligence Community, covering agencies as diverse as CIA (a record 50 participants), the Air Force Research Laboratory and the National Air and Space Intelligence Center.” Defenders of surveillance agencies have often insinuated that such proposals are nothing more than pipe dreams and wishful thinking on the part of intelligence agents. But these documents are not merely proposals or hypothetical scenarios. As described by the NSA document published today, the purpose of SIGDEV presentations is “to synchronize discovery efforts, share breakthroughs, and swap knowledge on the art of analysis.”

"In a review of NSA surveillance last month, President Obama called for a new approach on telephony metadata that will 'establish a mechanism that preserves the capabilities we need without the government holding this bulk metadata.' Obama said that a third party holding all the data in a single, consolidated database would be essentially doing what is a government function, and may not increase public confidence that its privacy is being protected. Now, an RFI (request for information) has been posted to get information on U.S. industry's commercially available capabilities, so that the government can investigate alternative approaches."

Research for the Public Utility Law Project (PULP) has been released which details 'how Verizon deliberately moves back and forth between regulatory regimes, classifying its infrastructure either like a heavily regulated telephone network or a deregulated information service depending on its needs. The chicanery has allowed Verizon to raise telephone rates, all the while missing commitments for high-speed internet deployment' (PDF). In short, Verizon pushed for the government to give it common carrier privileges under Title II in order to build out its fiber network with tax-payer money. Result: increased service rates on telephone users to subsidize Verizon's 'infrastructure investment.' When it comes to regulations on Verizon's fiber network, however, Verizon has been pushing the government to classify its services as that of information only — i.e., beyond Title II.

Verizon has made about $4.4 billion in additional revenue in New York City alone, 'money that's funneled directly from a Title II service to an array of services that currently lie beyond Title II's reach.' And it's all legal. An attorney at advocacy group Public Knowledge said it best: 'To expect that you can come in and use public infrastructure and funds to build a network and then be free of any regulation is absurd....When Verizon itself is describing these activities as a Title II common carrier, how can the FCC look at broadband internet and continue acting as though it's not a telecommunication network?'"

President Barack Obama acknowledged Thursday that leaks of classified information by former National Security Agency contractor Edward Snowden had “identified some areas of legitimate concern” but he said that NSA surveillance was still necessary to protect the country from terrorism. “I can’t confirm or get into the details of every aspect of what the NSA does.  And the way this has been reported, the Snowden disclosures have identified some areas of legitimate concern,” Obama told msnbc’s Chris Matthews in an exclusive interview Thursday. “Some of it also has been highly sensationalized and, you know, has been painted in a way that is not accurate.” Matthews had asked the president to respond to a story in The Washington Post, based on documents obtained from Snowden. which revealed that the NSA is tracking billions of cell phone locations wordwide each day.

Public opinion remains divided on whether or not Snowden’s leaks have been in the public interest or have harmed national security.

An independent assessment of National Security Agency surveillance ordered by President Barack Obama following classified leaks by Edward Snowden will be released Wednesday, White House spokesman Jay Carney said. The review was submitted last week by an outside panel, but Carney said news reports about its recommendations were "inaccurate" so the White House has decided to release the conclusions now rather than in January as previously planned.

Release of the findings would come two days after a federal judge in Washington ruled preliminarily that NSA data collection of telephone metadata was probably unconstitutional on privacy grounds.

Company executives met with Obama on Tuesday, and sources told CNN's Jake Tapper that those present got the impression from the President that NSA metadata collection would not stop anytime soon but that more efforts at transparency would be made.

As Washington weighs new cybersecurity steps amid a public backlash over mass surveillance, U.S. tech companies warned President Barack Obama not to weaken increasingly sophisticated encryption systems designed to protect consumers' privacy.In a strongly worded letter to Obama on Monday, two industry associations for major software and hardware companies said, "We are opposed to any policy actions or measures that would undermine encryption as an available and effective tool."The Information Technology Industry Council and the Software and Information Industry Association, representing tech giants, including Apple Inc, Google Inc, Facebook Inc, IBM and Microsoft Corp, fired the latest salvo in what is shaping up to be a long fight over government access into smart phones and other digital devices.

The United States on Monday charged five Chinese military officers and accused them of hacking into American nuclear, metal and solar companies to steal trade secrets, ratcheting up tensions between the two world powers over cyber espionage. China immediately denied the charges, saying in a strongly worded Foreign Ministry statement the U.S. grand jury indictment was "made up" and would damage trust between the two nations.Officials in Washington have argued for years that cyber espionage is a top national security concern. The indictment was the first criminal hacking charge that the United States has filed against specific foreign officials, and follows a steady increase in public criticism and private confrontation, including at a summit last year between U.S. President Barack Obama and Chinese President Xi Jinping.

Federal prosecutors said the suspects targeted companies including Alcoa Inc, Allegheny Technologies Inc, United States Steel Corp, Toshiba Corp unit Westinghouse Electric Co, the U.S. subsidiaries of SolarWorld AG, and a steel workers' union.

According to the indictment, Chinese state-owned companies "hired" Unit 61398 of the People's Liberation Army "to provide information technology services" including assembling a database of corporate intelligence. The Chinese companies were not named.The Shanghai-based Unit 61398 was identified last year by cybersecurity firm Mandiant as the source of a large number of espionage operations. All five defendants worked with 61398, according to the indictment.

James Clapper, the Director of National Intelligence, appeared today before the Senate Intelligence Committee, his first appearance since outright lying to that Committee last March about NSA bulk collection. In his prepared opening remarks, Clapper said this: Who, in the view of the Obama administration, are Snowden's "accomplices"? The FBI and other official investigators have been very clear with the media that there is no evidence whatsoever that Snowden had any help in copying and removing documents from the NSA. Here, Clapper is referring to "accomplices" as those who can "facilitate the return of the remaining" documents. As Snowden has said, the only ones to whom he has given those documents are the journalists with whom he has worked. As has been publicly reported, the journalists who are in possession of thousands of Snowden documents include myself, Laura Poitras, Barton Gellman/The Washington Post, The New York Times, the Guardian, and ProPublica.

Is it now the official view of the Obama administration that these journalists and media outlets are "accomplices" in what they regard as Snowden's crimes? If so, that is a rather stunning and extremist statement. Is there any other possible interpretation of Clapper's remarks? UPDATE: In response to media inquiries about what Clapper meant when he referred to "accomplices", a spokesman for the DNI's office, Shawn Turner, is saying this: "anyone who is assisting Edward Snowden [to] further harm our nation through the unauthorized disclosure of stolen documents." (Turner declined to be more specific when asked if that included journalists.) Turner may be reluctant to admit it, but that essentially dispels all doubt - if there was any - that Clapper was publicly accusing journalists who publish Snowden documents of being "accomplices" in his "crimes". That a top-level Obama official is publicly accusing journalists of criminality for their journalism seems like fairly big (though unsurprising) news. posted by Glenn Greenwald

The risk that President Obama may be forced to pull all American troops out of Afghanistan by the end of the year has set off concerns inside the American intelligence agencies that they could lose their air bases used for drone strikes against Al Qaeda in Pakistan and for responding to a nuclear crisis in the region. Until now, the debate here and in Kabul about the size and duration of an American-led allied force in Afghanistan after 2014 had focused on that country’s long-term security. But these new concerns also reflect how troop levels in Afghanistan directly affect long-term American security interests in neighboring Pakistan, according to administration, military and intelligence officials.

The concern has become serious enough that the Obama administration has organized a team of intelligence, military and policy specialists to devise alternatives to mitigate the damage if a final security deal cannot be struck with the Afghan president, Hamid Karzai, who has declined to enact an agreement that American officials thought was completed last year. If Mr. Obama ultimately withdrew all American troops from Afghanistan, the C.I.A.’s drone bases in the country would have to be closed, according to administration officials, because it could no longer be protected. Their concern is that the nearest alternative bases are too far away for drones to reach the mountainous territory in Pakistan where the remnants of Al Qaeda’s central command are hiding. Those bases would also be too distant to monitor and respond as quickly as American forces can today if there were a crisis in the region, such as missing nuclear material or weapons in Pakistan and India.

Their base inside Pakistan was closed after a shooting involving a C.I.A. security contractor, Raymond Davis, and the raid into Pakistani territory that killed Osama bin Laden, both in 2011. Crucial to the surveillance of Bin Laden’s house in Abbottabad was the use of an RQ-170 drone. Pakistani officials talked openly in the weeks after that raid about their fear that the unmanned aircraft was also being used to monitor their nuclear arsenal, now believed to be the fastest growing in the world. The raid, and those drones, came out of American facilities just over the Afghan border.

Today, Barack Obama posted a message to supporters on my.barackobama.com about the FISA legislation. I want to take this opportunity to speak directly to those of you who oppose my decision to support the FISA compromise. This was not an easy call for me. I know that the FISA bill that passed the House is far from perfect. I wouldn't have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush's abuse of executive power. It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush administration's program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That's why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.

A leading US senator has said that President Obama knew of an “unprecedented action” taken by the CIA against the Senate intelligence committee, which has apparently prompted an inspector general’s inquiry at Langley.The subtle reference in a Tuesday letter from Senator Mark Udall to Obama, seeking to enlist the president’s help in declassifying a 6,300-page inquiry by the committee into torture carried out by CIA interrogators after 9/11, threatens to plunge the White House into a battle between the agency and its Senate overseers.

Stepping into a heated debate within the nation’s intelligence agencies, President Obama has decided that when the National Security Agency discovers major flaws in Internet security, it should — in most circumstances — reveal them to assure that they will be fixed, rather than keep mum so that the flaws can be used in espionage or cyberattacks, senior administration officials said Saturday.But Mr. Obama carved a broad exception for “a clear national security or law enforcement need,” the officials said, a loophole that is likely to allow the N.S.A. to continue to exploit security flaws both to crack encryption on the Internet and to design cyberweapons.

elements of the decision became evident on Friday, when the White House denied that it had any prior knowledge of the Heartbleed bug, a newly known hole in Internet security that sent Americans scrambling last week to change their online passwords. The White House statement said that when such flaws are discovered, there is now a “bias” in the government to share that knowledge with computer and software manufacturers so a remedy can be created and distributed to industry and consumers.Caitlin Hayden, the spokeswoman for the National Security Council, said the review of the recommendations was now complete, and it had resulted in a “reinvigorated” process to weigh the value of disclosure when a security flaw is discovered, against the value of keeping the discovery secret for later use by the intelligence community.“This process is biased toward responsibly disclosing such vulnerabilities,” she said.

The N.S.A. made use of four “zero day” vulnerabilities in its attack on Iran’s nuclear enrichment sites. That operation, code-named “Olympic Games,” managed to damage roughly 1,000 Iranian centrifuges, and by some accounts helped drive the country to the negotiating table.Not surprisingly, officials at the N.S.A. and at its military partner, the United States Cyber Command, warned that giving up the capability to exploit undisclosed vulnerabilities would amount to “unilateral disarmament” — a phrase taken from the battles over whether and how far to cut America’s nuclear arsenal.“We don’t eliminate nuclear weapons until the Russians do,” one senior intelligence official said recently. “You are not going to see the Chinese give up on ‘zero days’ just because we do.” Even a senior White House official who was sympathetic to broad reforms after the N.S.A. disclosures said last month, “I can’t imagine the president — any president — entirely giving up a technology that might enable him some day to take a covert action that could avoid a shooting war.”

While we've been disappointed that Senator Chuck Grassley appears to have a bit of a double standard with his staunch support for whistleblowers when it comes to Ed Snowden, it is true that he has fought for real whistleblower protections for quite some time. Lately, he's been quite concerned that the White House's "Insider Threat Program" (ITP) is really just a cover to crack down on whistleblowers. As we've noted, despite early promises from the Obama administration to support and protect whistleblowers, the administration has led the largest crackdown against whistleblowers, and the ITP suggests that the attack on whistleblowers is a calculated response. The program documentation argues that any leak can be seen as "aiding the enemy" and encourages government employees to snitch on each other if they appear too concerned about government wrong-doing. Despite all his high minded talk of supporting whistleblowers, President Obama has used the Espionage Act against whistleblowers twice as many times as all other Presidents combined. Also, he has never -- not once -- praised someone for blowing the whistle in the federal government.

Given all of that, Senator Grassley expressed some concern about this Insider Threat Program and how it distinguished whistleblowers from actual threats. He asked the FBI for copies of its training manual on the program, which it refused to give him. Instead, it said it could better answer any questions at a hearing. However, as Grassley explains, when questioned about this just 10 minutes into the hearing, the FBI abruptly got up and left: Meanwhile, the FBI fiercely resists any efforts at Congressional oversight, especially on whistleblower matters. For example, four months ago I sent a letter to the FBI requesting its training materials on the Insider Threat Program. This program was announced by the Obama Administration in October 2011. It was intended to train federal employees to watch out for insider threats among their colleagues. Public news reports indicated that this program might not do enough to distinguish between true insider threats and legitimate whistleblowers. I relayed these concerns in my letter. I also asked for copies of the training materials. I said I wanted to examine whether they adequately distinguished between insider threats and whistleblowers.

In response, an FBI legislative affairs official told my staff that a briefing might be the best way to answer my questions. It was scheduled for last week. Staff for both Chairman Leahy and I attended, and the FBI brought the head of their Insider Threat Program. Yet the FBI didn’t bring the Insider Threat training materials as we had requested. However, the head of the Insider Threat Program told the staff that there was no need to worry about whistleblower communications. He said whistleblowers had to register in order to be protected, and the Insider Threat Program would know to just avoid those people. Now I have never heard of whistleblowers being required to “register” in order to be protected. The idea of such a requirement should be pretty alarming to all Americans. Sometimes confidentiality is the best protection a whistleblower has. Unfortunately, neither my staff nor Chairman Leahy’s staff was able to learn more, because only about ten minutes into the briefing, the FBI abruptly walked out. FBI officials simply refused to discuss any whistleblower implications in its Insider Threat Program and left the room. These are clearly not the actions of an agency that is genuinely open to whistleblowers or whistleblower protection.

Obama Urged to Fire DNI Clapper December 11, 2013 (Editor Note)  Last March – before Edward Snowden revealed the NSA’s sweeping collection of phone and other data – Director of National Intelligence James Clapper said no such operation existed. Now, a group of ex-national security officials urge President Obama to fire Clapper. MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Fire James Clapper

We wish to endorse the call by Rep. James Sensenbrenner Jr., Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, Committee on the Judiciary, that Director of National Intelligence James Clapper should be removed and prosecuted for lying to Congress. “Lying to Congress is a federal offense, and Clapper ought to be fired and prosecuted for it,” the Wisconsin Republican said in an interview with The Hill. “The only way laws are effective is if they’re enforced.” Sensenbrenner added, “If it’s a criminal offense — and I believe Mr. Clapper has committed a criminal offense — then the Justice Department ought to do its job.”

This brief Memorandum is to inform you that we agree that no intelligence director should be able to deceive Congress and suffer no consequences. No democracy that condones such deceit at the hands of powerful, secretive intelligence directors can long endure. It seems clear that you can expect no help from Sen. Dianne Feinstein, chair of the Senate Intelligence Committee, to which Clapper has apologized for giving “clearly erroneous” testimony, and who, at the height of the controversy over his credibility, defended him as a “direct and honest” person. You must be well aware that few amendments to the U.S. Constitution are as clear as the fourth: