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Dozens of countries hit by huge cyberextortion attack
NEW YORK (AP) — Dozens of countries were hit with a huge cyberextortion attack Friday that locked up computers and held users’ files for ransom at a multitude of hospitals, companies and government agencies.
It was believed to the biggest attack of its kind ever recorded.
The malicious software behind the onslaught appeared to exploit a vulnerability in Microsoft Windows that was supposedly identified by the National Security Agency for its own intelligence-gathering purposes and was later leaked to the internet.
Britain’s national health service fell victim, its hospitals forced to close wards and emergency rooms and turn away patients. Russia appeared to be the hardest hit, according to security experts, with the country’s Interior Ministry confirming it was struck.
All told, several cybersecurity firms said they had identified the malicious software, which so far has been responsible for tens of thousands of attacks, in more than 60 countries. That includes the United States, although its effects there didn’t appear to be widespread, at least initially.
The attack infected computers with what is known as “ransomware” — software that locks up the user’s data and flashes a message demanding payment to release it. In the U.S., FedEx reported that its Windows computers were “experiencing interference” from malware, but wouldn’t say if it had been hit by ransomware.
Mikko Hypponen, chief research officer at the Helsinki-based cybersecurity company F-Secure, called the attack “the biggest ransomware outbreak in history.”
Security experts said the attack appeared to be caused by a self-replicating piece of software that enters companies and organizations when employees click on email attachments, then spreads quickly internally from computer to computer when employees share documents and other files.
Its ransom demands start at $300 and increase after two hours to $400, $500 and then $600, said Kurt Baumgartner, a security researcher at Kaspersky Lab. Affected users can restore their files from backups, if they have them, or pay the ransom; otherwise they risk losing their data entirely.
Chris Wysopal of the software security firm Veracode said criminal organizations were probably behind the attack, given how quickly the malware spread.
“For so many organizations in the same day to be hit, this is unprecedented,” he said.
The security holes it exploits were disclosed several weeks ago by TheShadowBrokers, a mysterious group that has published what it says are hacking tools used by the NSA as part of its intelligence-gathering.
Shortly after that disclosure, Microsoft announced that it had already issued software “patches” for those holes. But many companies and individuals haven’t installed the fixes yet or are using older versions of Windows that Microsoft no longer supports and didn’t fix.
By Kaspersky Lab’s count, the malware struck at least 74 countries. In addition to Russia, the biggest targets appeared to be Ukraine and India, nations where it is common to find older, unpatched versions of Windows in use, according to the security firm.
Hospitals across Britain found themselves without access to their computers or phone systems. Many canceled all routine procedures and asked patients not to come to the hospital unless it was an emergency. Doctors’ practices and pharmacies reported similar problems.
Patrick Ward, a 47-year-old sales director, said his heart operation, scheduled for Friday, was canceled at St. Bartholomew’s Hospital in London.
Tom Griffiths, who was at the hospital for chemotherapy, said several cancer patients had to be sent home because their records or bloodwork couldn’t be accessed.
“Both staff and patients were frankly pretty appalled that somebody, whoever they are, for commercial gain or otherwise, would attack a health care organization,” he said. “It’s stressful enough for someone going through recovery or treatment for cancer.”
British Prime Minister Theresa May said there was no evidence patient data had been compromised and added that the attack had not specifically targeted the National Health Service.
“It’s an international attack and a number of countries and organizations have been affected,” she said.
Spain, meanwhile, took steps to protect critical infrastructure in response to the attack. Authorities said they were communicating with more than 100 energy, transportation, telecommunications and financial services providers about the attack.
Spain’s Telefonica, a global broadband and telecommunications company, was among the companies hit.
Ransomware attacks are on the rise around the world. In 2016, Hollywood Presbyterian Medical Center in California said it had paid a $17,000 ransom to regain control of its computers from hackers.
Krishna Chinthapalli, a doctor at Britain’s National Hospital for Neurology & Neurosurgery who wrote a paper on cybersecurity for the British Medical Journal, warned that British hospitals’ old operating systems and confidential patient information made them an ideal target for blackmailers.
He said many NHS hospitals in Britain use Windows XP software, introduced in 2001, and as government funding for the health service has been squeezed, “IT budgets are often one of the first ones to be reduced.”
“Looking at the trends, it was going to happen,” he said. “I did not expect an attack on this scale. That was a shock.
Global ‘WannaCry’ ransomware cyberattack seeks cash for data
LONDON (AP) — A global “ransomware” cyberattack, unprecedented in scale, had technicians scrambling to restore Britain’s crippled hospital network Saturday and secure the computers that run factories, banks, government agencies and transport systems in many other nations.
The worldwide effort to extort cash from computer users spread so widely that Microsoft quickly changed its policy, making security fixes available for free for the older Windows systems still used by millions of individuals and smaller businesses.
A malware tracking map showed “WannaCry” infections popping up around the world. Britain canceled or delayed treatments for thousands of patients, even people with cancer. Train systems were hit in Germany and Russia, and phone companies in Madrid and Moscow. Renault’s futuristic assembly line in Slovenia, where rows of robots weld car bodies together, was stopped cold.
In Brazil, the social security system had to disconnect its computers and cancel public access. The state-owned oil company Petrobras and Brazil’s Foreign Ministry also disconnected computers as a precautionary measure, and court systems went down, too.
Britain’s home secretary said one in five of 248 National Health Service groups had been hit. Home Secretary Amber Rudd said all but six of the NHS trusts back to normal Saturday.
The U.K.’s National Cyber Security Center was “working round the clock” to restore vital health services, while urging people to update security software fixes, run anti-virus software and back up their data elsewhere.
Who perpetrated this wave of attacks remains unknown. Two security firms — Kaspersky Lab and Avast — said they identified the malicious software in more than 70 countries. Both said Russia was hit hardest.
These hackers “have caused enormous amounts of disruption— probably the biggest ransomware cyberattack in history,” said Graham Cluley, a veteran of the anti-virus industry in Oxford, England.
And all this may be just a taste of what’s coming, another cyber security expert warned.
Computer users worldwide — and everyone else who depends on them — should assume that the next big “ransomware” attack has already been launched, and just hasn’t manifested itself yet, Ori Eisen, who founded the Trusona cybersecurity firm in Scottsdale, Arizona, told The Associated Press.
The attack held hospitals and other entities hostage by freezing computers, encrypting data and demanding money through online bitcoin payments. But it appears to be “low-level” stuff, Eisen said Saturday, given the amount of ransom demanded — $300 at first, rising to $600 before it destroys files hours later.
He said the same thing could be done to crucial infrastructure, like nuclear power plants, dams or railway systems.
“This is child’s play, what happened. This is not the serious stuff yet. What if the same thing happened to 10 nuclear power plants, and they would shut down all the electricity to the grid? What if the same exact thing happened to a water dam or to a bridge?” he asked.
“Today, it happened to 10,000 computers,” Eisen said. “There’s no barrier to do it tomorrow to 100 million computers.”
This is already believed to be the biggest online extortion attack ever recorded, disrupting services in nations as diverse as the U.S., Ukraine, Brazil, Spain and India. Europol, the European Union’s police agency, said the onslaught was at “an unprecedented level and will require a complex international investigation to identify the culprits.”
In Russia, government agencies insisted that all attacks had been resolved. Russian Interior Ministry, which runs the national police, said the problem had been “localized” with no information compromised. Russia’s health ministry said its attacks were “effectively repelled.”
The ransomware exploits a vulnerability in Microsoft Windows that was purportedly identified by the U.S. National Security Agency for its own intelligence-gathering purposes. Hackers said they stole the tools from the NSA and dumped them on the internet.
It could have been much worse if not for a young cybersecurity researcher who helped to halt its spread by accidentally activating a so-called “kill switch” in the malicious software.
The 22-year-old Britain-based researcher, identified online only as MalwareTech, explained Saturday that he spotted a hidden web address in the “WannaCrypt” code and made it official by registering its domain name. That inexpensive move redirected the attacks to MalwareTech’s server, which operates as a “sinkhole” to keep malware from escaping.
“Because WannaCrypt used a single hardcoded domain, my registration of it caused all infections globally to believe they were inside a sandbox … thus we initially unintentionally prevented the spread,” the researcher said, humbly and anonymously, in his blog post.
His move may have saved governments and companies millions of dollars and slowed the outbreak before U.S.-based computers were more widely infected.
Indeed, while FedEx Corp. reported that its Windows computers were “experiencing interference” from malware — it wouldn’t say if it had been hit by the ransomware — other impacts in the U.S. were not readily apparent on Saturday.
That said, the threat hasn’t disappeared, the MalwareTech researcher said.
“One thing that is very important to note is our sinkholing only stops this sample and there is nothing stopping them removing the domain check and trying again, so it’s incredibly important that any unpatched systems are patched as quickly as possible,” he warned.
The kill switch also couldn’t help those already infected. Short of paying, options for these individuals and companies are usually limited to recovering data files from a backup, if available, or living without them.
Security experts said it appeared to be caused by a self-replicating piece of software that enters companies when employees click on email attachments, then spreads quickly as employees share documents.
The security holes it exploits were disclosed weeks ago by TheShadowBrokers, a mysterious hacking group. Microsoft swiftly released software “patches” to fix those holes, but many users still haven’t installed updates or still use older versions of Windows.
Microsoft had made fixes for older systems, such as 2001′s Windows XP, available only to mostly larger organizations, including Britain’s National Health Service, that paid extra for extended technical support. In light of Friday’s attacks, Microsoft announced that it’s making the fixes free to all.
Cluley said “There’s clearly some culpability on the part of the U.S. intelligence services. Because they could have done something ages ago to get this problem fixed, and they didn’t do it.”
“It’s very, very difficult these days, with encryption, to spy on people,” Cluley added. “But I don’t think that those concerns should hide the fact that ALL of us need to be protected … We’re living an online life, and we all deserve security there.”
Ransomware is a type of malicious software designed to block access to a computer system or data until a ransom is paid. Simple ransomware may lock the system in a way which is not difficult for a knowledgeable person to reverse, and display a message requesting payment to unlock it. More advanced malware encrypts the victim’s files, making them inaccessible, and demands a ransom payment to decrypt them.[1] The ransomware may also encrypt the computer’s Master File Table (MFT)[2][3] or the entire hard drive.[4] Thus, ransomware is a denial-of-access attack that prevents computer users from accessing files[5] since it is intractable to decrypt the files without the decryption key. Ransomware attacks are typically carried out using a Trojan that has a payload disguised as a legitimate file.
While initially popular in Russia, the use of ransomware scams has grown internationally;[6][7][8] in June 2013, security software vendor McAfee released data showing that it had collected over 250,000 unique samples of ransomware in the first quarter of 2013, more than double the number it had obtained in the first quarter of 2012.[9] Wide-ranging attacks involving encryption-based ransomware began to increase through Trojans such as CryptoLocker, which had procured an estimated US$3 million before it was taken down by authorities,[10] and CryptoWall, which was estimated by the US Federal Bureau of Investigation (FBI) to have accrued over $18m by June 2015.[11]
Operation
Typically, modern ransomware uses encryption to deny users’ access to their files. The software encrypts the victim’s files using a symmetric cipher with a randomly generated key, and then deletes the key, leaving only a version of it made inaccessible to the victim using public key cryptography. Only the attacker can then decrypt the symmetric key needed to restore the files.[12]
The symmetric key is randomly generated and will not assist other victims. At no point is the attacker’s private key exposed to victims and the victim need only send a very small ciphertext (the encrypted symmetric-cipher key) to the attacker.
Ransomware attacks are typically carried out using a Trojan, entering a system through, for example, a downloaded file or a vulnerability in a network service. The program then runs a payload, which locks the system in some fashion, or claims to lock the system but does not (e.g., a scareware program). Payloads may display a fake warning purportedly by an entity such as a law enforcement agency, falsely claiming that the system has been used for illegal activities, contains content such as pornography and “pirated” media.[13][14][15]
Some payloads consist simply of an application designed to lock or restrict the system until payment is made, typically by setting the Windows Shell to itself,[16] or even modifying the master boot record and/or partition table to prevent the operating system from booting until it is repaired.[17] The most sophisticated payloads encrypt files, with many using strong encryption to encrypt the victim’s files in such a way that only the malware author has the needed decryption key.[12][18][19]
Payment is virtually always the goal, and the victim is coerced into paying for the ransomware to be removed—which may or may not actually occur—either by supplying a program that can decrypt the files, or by sending an unlock code that undoes the payload’s changes. A key element in making ransomware work for the attacker is a convenient payment system that is hard to trace. A range of such payment methods have been used, including wire transfers, premium-rate text messages,[20] pre-paid voucher services such as Paysafecard,[6][21][22] and the digital currencyBitcoin.[23][24][25] A 2016 census commissioned by Citrix revealed that larger business are holding bitcoin as contingency plans.[26]
History
Encrypting ransomware
The first known malware extortion attack, the “AIDS Trojan” written by Joseph Popp in 1989, had a design failure so severe it was not necessary to pay the extortionist at all. Its payload hid the files on the hard drive and encrypted only their names, and displayed a message claiming that the user’s license to use a certain piece of software had expired. The user was asked to pay US$189 to “PC Cyborg Corporation” in order to obtain a repair tool even though the decryption key could be extracted from the code of the Trojan. The Trojan was also known as “PC Cyborg”. Popp was declared mentally unfit to stand trial for his actions, but he promised to donate the profits from the malware to fund AIDS research.[27]
The notion of using public key cryptography for ransom attacks was introduced in 1996 by Adam L. Young and Moti Yung. Young and Yung critiqued the failed AIDS Information Trojan that relied on symmetric cryptography alone, the fatal flaw being that the decryption key could be extracted from the Trojan, and implemented an experimental proof-of-concept cryptovirus on a Macintosh SE/30 that used RSA and the Tiny Encryption Algorithm (TEA) to hybrid encrypt the victim’s data. Since public key crypto is used, the cryptovirus only contains the encryption key. The attacker keeps the corresponding private decryption key private. Young and Yung’s original experimental cryptovirus had the victim send the asymmetric ciphertext to the attacker who deciphers it and returns the symmetric decryption key it contains to the victim for a fee. Long before electronic money existed Young and Yung proposed that electronic money could be extorted through encryption as well, stating that “the virus writer can effectively hold all of the money ransom until half of it is given to him. Even if the e-money was previously encrypted by the user, it is of no use to the user if it gets encrypted by a cryptovirus”.[12] They referred to these attacks as being “cryptoviral extortion”, an overt attack that is part of a larger class of attacks in a field called cryptovirology, which encompasses both overt and covert attacks.[12]
Examples of extortionate ransomware became prominent in May 2005.[28] By mid-2006, Trojans such as Gpcode, TROJ.RANSOM.A, Archiveus, Krotten, Cryzip, and MayArchive began utilizing more sophisticated RSA encryption schemes, with ever-increasing key-sizes. Gpcode.AG, which was detected in June 2006, was encrypted with a 660-bit RSA public key.[29] In June 2008, a variant known as Gpcode.AK was detected. Using a 1024-bit RSA key, it was believed large enough to be computationally infeasible to break without a concerted distributed effort.[30][31][32][33]
Encrypting ransomware returned to prominence in late 2013 with the propagation of CryptoLocker—using the Bitcoindigital currency platform to collect ransom money. In December 2013, ZDNet estimated based on Bitcoin transaction information that between 15 October and 18 December, the operators of CryptoLocker had procured about US$27 million from infected users.[34] The CryptoLocker technique was widely copied in the months following, including CryptoLocker 2.0 (though not to be related to CryptoLocker), CryptoDefense (which initially contained a major design flaw that stored the private key on the infected system in a user-retrievable location, due to its use of Windows’ built-in encryption APIs),[24][35][36][37] and the August 2014 discovery of a Trojan specifically targeting network-attached storage devices produced by Synology.[38] In January 2015, it was reported that ransomware-styled attacks have occurred against individual websites via hacking, and through ransomware designed to target Linux-based web servers.[39][40][41]
Symantec has classified ransomware to be the most dangerous cyber threat.[46]
Non-encrypting ransomware
In August 2010, Russian authorities arrested nine individuals connected to a ransomware Trojan known as WinLock. Unlike the previous Gpcode Trojan, WinLock did not use encryption. Instead, WinLock trivially restricted access to the system by displaying pornographic images, and asked users to send a premium-rate SMS (costing around US$10) to receive a code that could be used to unlock their machines. The scam hit numerous users across Russia and neighboring countries—reportedly earning the group over US$16 million.[15][47]
In 2011, a ransomware Trojan surfaced that imitated the Windows Product Activation notice, and informed users that a system’s Windows installation had to be re-activated due to “[being a] victim of fraud”. An online activation option was offered (like the actual Windows activation process), but was unavailable, requiring the user to call one of six international numbers to input a 6-digit code. While the malware claimed that this call would be free, it was routed through a rogue operator in a country with high international phone rates, who placed the call on hold, causing the user to incur large internationallong distance charges.[13]
In February 2013, a ransomware Trojan based on the Stamp.EK exploit kit surfaced; the malware was distributed via sites hosted on the project hosting services SourceForge and GitHub that claimed to offer “fake nude pics” of celebrities.[48] In July 2013, an OS X-specific ransomware Trojan surfaced, which displays a web page that accuses the user of downloading pornography. Unlike its Windows-based counterparts, it does not block the entire computer, but simply exploits the behavior of the web browser itself to frustrate attempts to close the page through normal means.[49]
In July 2013, a 21-year-old man from Virginia, whose computer coincidentally did contain pornographic photographs of underaged girls with whom he had conducted sexualized communications, turned himself in to police after receiving and being deceived by ransomware purporting to be an FBI message accusing him of possessing child pornography. An investigation discovered the incriminating files, and the man was charged with child sexual abuse and possession of child pornography.[50]
Leakware (also called Doxware)
The converse of ransomware is a cryptovirology attack that threatens to publish stolen information from the victim’s computer system rather than deny the victim access to it.[51] In a leakware attack, malware exfiltrates sensitive host data either to the attacker or alternatively, to remote instances of the malware, and the attacker threatens to publish the victim’s data unless a ransom is paid. The attack was presented at West Point in 2003 and was summarized in the book Malicious Cryptography as follows, “The attack differs from the extortion attack in the following way. In the extortion attack, the victim is denied access to its own valuable information and has to pay to get it back, where in the attack that is presented here the victim retains access to the information but its disclosure is at the discretion of the computer virus”.[52] The attack is rooted in game theory and was originally dubbed “non-zero sum games and survivable malware”. The attack can yield monetary gain in cases where the malware acquires access to information that may damage the victim user or organization, e.g., reputational damage that could result from publishing proof that the attack itself was a success.
Mobile ransomware
With the increased popularity of ransomware on PC platforms, ransomware targeting mobile operating systems have also proliferated. Typically, mobile ransomware payloads are blockers, as there is little incentive to encrypt data since it can be easily restored via online synchronization.[53] Mobile ransomware typically targets the Android platform, as it allows applications to be installed from third-party sources.[53][54] The payload is typically distributed as an APK file installed by an unsuspecting user; it may attempt to display a blocking message over top of all other applications,[54] while another used a form of clickjacking to cause the user to give it “device administrator” privileges to achieve deeper access to the system.[55]
Different tactics have been used on iOS devices, such as exploiting iCloud accounts and using the Find My iPhone system to lock access to the device.[56] On iOS 10.3, Apple patched a bug in the handling of JavaScript pop-up windows in Safari that had been exploited by ransomware websites.[57]
In 2012, a major ransomware Trojan known as Reveton began to spread. Based on the Citadel Trojan (which itself, is based on the Zeus Trojan), its payload displays a warning purportedly from a law enforcement agency claiming that the computer has been used for illegal activities, such as downloading unlicensed software or child pornography. Due to this behaviour, it is commonly referred to as the “Police Trojan”.[58][59][60] The warning informs the user that to unlock their system, they would have to pay a fine using a voucher from an anonymous prepaid cash service such as Ukash or Paysafecard. To increase the illusion that the computer is being tracked by law enforcement, the screen also displays the computer’s IP address, while some versions display footage from a victim’s webcam to give the illusion that the user is being recorded.[6][61]
Reveton initially began spreading in various European countries in early 2012.[6] Variants were localized with templates branded with the logos of different law enforcement organizations based on the user’s country; for example, variants used in the United Kingdom contained the branding of organizations such as the Metropolitan Police Service and the Police National E-Crime Unit. Another version contained the logo of the royalty collection societyPRS for Music, which specifically accused the user of illegally downloading music.[62] In a statement warning the public about the malware, the Metropolitan Police clarified that they would never lock a computer in such a way as part of an investigation.[6][14]
In May 2012, Trend Micro threat researchers discovered templates for variations for the United States and Canada, suggesting that its authors may have been planning to target users in North America.[63] By August 2012, a new variant of Reveton began to spread in the United States, claiming to require the payment of a $200 fine to the FBI using a MoneyPak card.[7][8][61]In February 2013, a Russian citizen was arrested in Dubai by Spanish authorities for his connection to a crime ring that had been using Reveton; ten other individuals were arrested on money laundering charges.[64] In August 2014, Avast Software reported that it had found new variants of Reveton that also distribute password stealing malware as part of its payload.[65]
Encrypting ransomware reappeared in September 2013 with a Trojan known as CryptoLocker, which generated a 2048-bit RSA key pair and uploaded in turn to a command-and-control server, and used to encrypt files using a whitelist of specific file extensions. The malware threatened to delete the private key if a payment of Bitcoin or a pre-paid cash voucher was not made within 3 days of the infection. Due to the extremely large key size it uses, analysts and those affected by the Trojan considered CryptoLocker extremely difficult to repair.[23][66][67][68]Even after the deadline passed, the private key could still be obtained using an online tool, but the price would increase to 10 BTC—which cost approximately US$2300 as of November 2013.[69][70]
CryptoLocker was isolated by the seizure of the Gameover ZeuSbotnet as part of Operation Tovar, as officially announced by the U.S. Department of Justice on 2 June 2014. The Department of Justice also publicly issued an indictment against the Russian hacker Evgeniy Bogachev for his alleged involvement in the botnet.[71][72] It was estimated that at least US$3 million was extorted with the malware before the shutdown.[10]
CryptoLocker.F and TorrentLocker
In September 2014, a wave of ransomware Trojans surfaced that first targeted users in Australia, under the names CryptoWall and CryptoLocker (which is, as with CryptoLocker 2.0, unrelated to the original CryptoLocker). The Trojans spread via fraudulent e-mails claiming to be failed parcel delivery notices from Australia Post; to evade detection by automatic e-mail scanners that follow all links on a page to scan for malware, this variant was designed to require users to visit a web page and enter a CAPTCHA code before the payload is actually downloaded, preventing such automated processes from being able to scan the payload. Symantec determined that these new variants, which it identified as CryptoLocker.F, were again, unrelated to the original CryptoLocker due to differences in their operation.[73][74] A notable victim of the Trojans was the Australian Broadcasting Corporation; live programming on its television news channelABC News 24 was disrupted for half an hour and shifted to Melbourne studios due to a CryptoWall infection on computers at its Sydney studio.[75][76][77]
Another Trojan in this wave, TorrentLocker, initially contained a design flaw comparable to CryptoDefense; it used the same keystream for every infected computer, making the encryption trivial to overcome. However, this flaw was later fixed.[35] By late-November 2014, it was estimated that over 9,000 users had been infected by TorrentLocker in Australia alone, trailing only Turkey with 11,700 infections.[78]
CryptoWall
Another major ransomware Trojan targeting Windows, CryptoWall, first appeared in 2014. One strain of CryptoWall was distributed as part of a malvertising campaign on the Zedo ad network in late-September 2014 that targeted several major websites; the ads redirected to rogue websites that used browser plugin exploits to download the payload. A Barracuda Networks researcher also noted that the payload was signed with a digital signature in an effort to appear trustworthy to security software.[79] CryptoWall 3.0 used a payload written in JavaScript as part of an email attachment, which downloads executables disguised as JPG images. To further evade detection, the malware creates new instances of explorer.exe and svchost.exe to communicate with its servers. When encrypting files, the malware also deletes volume shadow copies, and installs spyware that steals passwords and Bitcoin wallets.[80]
The FBI reported in June 2015 that nearly 1,000 victims had contacted the bureau’s Internet Crime Complaint Center to report CryptoWall infections, and estimated losses of at least $18 million.[11]
The most recent version, CryptoWall 4.0, enhanced its code to avoid antivirus detection, and encrypts not only the data in files but also the file names.[81]
Fusob
Fusob is one of the major mobile ransomware families. Between April 2015 and March 2016, about 56 percent of accounted mobile ransomwares was Fusob.[82]
Like a typical mobile ransomware, it employs scare tactics to extort people to pay a ransom.[83] The program pretends to be an accusatory authority, demanding the victim to pay a fine from $100 to $200 USD or otherwise face a fictitious charge. Rather surprisingly, Fusob suggests using iTunes gift cards for payment. Also, a timer clicking down on the screen adds to the users’ anxiety as well.
In order to infect devices, Fusob masquerades as a pornographic video player. Thus, victims, thinking it is harmless, unwittingly download Fusob.[84]
When Fusob is installed, it first checks the language used in the device. If it uses Russian or certain Eastern European languages, Fusob does nothing. Otherwise, it proceeds on to lock the device and demand ransom. Among victims, about 40% of them are in Germany with the United Kingdom and the United States following with 14.5% and 11.4% respectively.
Fusob has lots in common with Small, which is another major family of mobile ransomware. They represented over 93% of mobile ransomwares between 2015 and 2016.
In May 2017, the WannaCry ransomware attack spread though the Internet, using an exploit vector that Microsoft had issued a “Critical” patch for (MS17-010) two months before on March 14, 2017. The ransomware attack infected over 75,000 users in over 99 countries, using 20 different languages to demand money from users. The attack affected Telefónica and several other large companies in Spain, as well as parts of the British National Health Service (NHS),[85]FedEx, Deutsche Bahn, as well as the Russian Interior Ministry and Russian telecom MegaFon.[86]
Mitigation
As with other forms of malware, security software might not detect a ransomware payload, or, especially in the case of encrypting payloads, only after encryption is under way or complete, particularly if a new version unknown to the protective software is distributed.[87] If an attack is suspected or detected in its early stages, it takes some time for encryption to take place; immediate removal of the malware (a relatively simple process) before it has completed would stop further damage to data, without salvaging any already lost.[88][89]
Alternately, new categories of security software, specifically deception technology, can detect ransomware without using a signature-based approach. Deception technology utilizes fake SMB shares which surround real IT assets. These fake SMB data shares deceive ransomware, tie the ransomware up encrypting these false SMB data shares, alert and notify cyber security teams which can then shut down the attack and return the organization to normal operations. There are multiple vendors[90] that support this capability with multiple announcements in 2016.[91]
Security experts have suggested precautionary measures for dealing with ransomware. Using software or other security policies to block known payloads from launching will help to prevent infection, but will not protect against all attacks. Keeping “offline” backups of data stored in locations inaccessible to the infected computer, such as external storage drives, prevents them from being accessed by the ransomware, thus accelerating data restoration.[23][92]
There are a number of tools intended specifically to decrypt files locked by ransomware, although successful recovery may not be possible.[2][93] If the same encryption key is used for all files, decryption tools use files for which there are both uncorrupted backups (plaintext in the jargon of cryptanalysis) and encrypted copies; recovery of the key, if it is possible, may take several days.[94]
WannaCry, also known by the names WannaCrypt,[2]WanaCrypt0r 2.0,[3]Wanna Decryptor[4] and other similar names, is a ransomware program targeting Microsoft Windows. In May 2017, a large cyber-attack using it was launched, infecting over 230,000 computers in 99 countries, demanding ransom payments in bitcoin in 28 languages. The attack has been described by Europol as unprecedented in scale.[5]
WannaCry is believed to use the EternalBlueexploit, which was developed by the U.S. National Security Agency[12][13] to attack computers running Microsoft Windows operating systems.[3][14] Although a patch to remove the underlying vulnerability had been issued on 14 March 2017,[15] delays in applying security updates left some users and organisations vulnerable.[16] Microsoft has taken the unusual step of releasing updates for the unsupported Windows XP and Windows Server 2003 and patches for Windows 8 operating systems.[2][17]
A kill switch has been found in the code, which prevents new infections. This has been activated by researchers and should slow or stop the spread. However, different versions of the attack may be released and all vulnerable systems still have an urgent need to be patched.
EternalBlue exploits vulnerability MS17-010[15] in Microsoft‘s implementation of the Server Message Block (SMB) protocol. Microsoft had released a “Critical” advisory, along with an update patch to plug the vulnerability a month before, on 14 March 2017.[15] This patch only fixed Windows Vista and later operating systems but not the older Windows XP.
On 12 May 2017, WannaCry began affecting computers worldwide.[23] After gaining access to the computers, via local area network (LAN), an email attachment, or drive-by download, the ransomware encrypts the computer’s hard disk drive,[24][25] then attempts to exploit the SMB vulnerability to spread to random computers on the Internet,[26] and “laterally” between computers on the same LAN.[27] As with other modern ransomware, the payload displays a message informing the user that files have been encrypted, and demands a payment of $300 in bitcoin within three days.
The Windows vulnerability is not a zero-day flaw, but one for which Microsoft had made available a security patch on 14 March 2017,[15] nearly two months before the attack. The patch was to the Server Message Block (SMB) protocol used by Windows.[28] Organizations that lacked this security patch were affected for this reason, although there is so far no evidence that any were specifically targeted by the ransomware developers.[28] Any organization still running the older Windows XP[29] were at particularly high risk because until 13 May,[2] no security patches had been released since April 2014.[30] Following the attack, Microsoft released a security patch for Windows XP.[2]
According to Wired, affected systems will also have had the DOUBLEPULSAR backdoor installed; this will also need to be removed when systems are cleaned up.[31]
Impact
The ransomware campaign was unprecedented in scale according to Europol.[5] The attack affected many NHS hospitals in the UK.[32] On 12 May, some NHS services had to turn away non-critical emergencies, and some ambulances were diverted.[7][33] In 2016, thousands of computers in 42 separate NHS trusts in England were reported to be still running Windows XP.[29]Nissan Motor Manufacturing UK in Tyne and Wear, one of Europe‘s most productive car manufacturing plants, halted production after the ransomware infected some of their systems. Renault also stopped production at several sites in an attempt to stop the spread of the ransomware.[34][35]
Several hours after the initial release of the ransomware on 12 May 2017, a “kill switch” hardcoded into the malware was discovered. This allowed the spread of the initial infection to be halted by registering a domain name.[52] However, the kill switch appears to be a coding mistake on the part of the criminals, and variants without the kill switch are expected to be created.[53][54]
Reactions
Upon learning about the impact on the NHS, Edward Snowden said that if the NSA “had privately disclosed the flaw used to attack hospitals when they found it, not when they lost it, [the attack] may not have happened”.[55]
British Prime MinisterTheresa May said of the ransomware, “This is not targeted at the NHS. It is an international attack. A number of countries and organizations have been affected.”[56]
Microsoft has created security patches for its now-unsupported versions of Windows, including Windows XP, Windows 8 and Windows Server 2003.[57]
Malzberg | Sharyl Attkisson to discuss her new book “Stonewalled” | Part 2
Wyden: No to warrantless searches by the FBI through National Security Letters
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
William Binney – The Government is Profiling You (The NSA is Spying on You)
NSA Surveillance and What To Do About It
Taking a Look at the NSA’s Massive Data Center
NSA’s Largest Spy Center Located in Utah (What you need to know)
NSA Whistleblower William Binney: The Future of FREEDOM
‘State of Surveillance’ with Edward Snowden and Shane Smith (FULL EPISODE)
Edward Snowden Full Interview on Trump, Petraeus, & Having ‘No Regrets’
DOCUMENTARY: Edward Snowden – Terminal F (2015)
NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’
NSA paying US Companies hundreds of millions of dollars for access to data
“You’re Being Watched”: Edward Snowden Emerges as Source Behind Explosive Revelations of NSA Spying
Does the NSA Record Phone Calls? Glenn Greenwald on Warrentless Domestic Surveillance (2007)
Published on Jul 8, 2013
The NSA warrantless surveillance controversy (AKA “Warrantless Wiretapping”) concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency (NSA) as part of the war on terror. Under this program, referred to by the Bush administration as the “terrorist surveillance program”, part of the broader President’s Surveillance Program, the NSA was authorized by executive order to monitor, without search warrants, the phone calls, Internet activity (Web, e-mail, etc.), text messaging, and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lies within the U.S. Critics, however, claimed that it was in an effort to attempt to silence critics of the Bush Administration and their handling of several hot button issues during its tenure. Under public pressure, the Bush administration ceased the warrantless wiretapping program in January 2007 and returned review of surveillance to the FISA court. Subsequently, in 2008 Congress passed the FISA Amendments Act of 2008, which relaxed some of the original FISA court requirements.
During the Obama Administration, the NSA has officially continued operating under the new FISA guidelines. However, in April 2009 officials at the United States Department of Justice acknowledged that the NSA had engaged in “overcollection” of domestic communications in excess of the FISA court’s authority, but claimed that the acts were unintentional and had since been rectified.
All wiretapping of American citizens by the National Security Agency requires a warrant from a three-judge court set up under the Foreign Intelligence Surveillance Act. After the 9/11 attacks, Congress passed the Patriot Act, which granted the President broad powers to fight a war against terrorism. The George W. Bush administration used these powers to bypass the FISA court and directed the NSA to spy directly on al Qaeda in a new NSA electronic surveillance program. Reports at the time indicate that an “apparently accidental” “glitch” resulted in the interception of communications that were purely domestic in nature.[5] This action was challenged by a number of groups, including Congress, as unconstitutional.
The exact scope of the program is not known, but the NSA is or was provided total, unsupervised access to all fiber-optic communications going between some of the nation’s largest telecommunication companies’ major interconnected locations, including phone conversations, email, web browsing, and corporate private network traffic.[6] Critics said that such “domestic” intercepts required FISC authorization under the Foreign Intelligence Surveillance Act.[7] The Bush administration maintained that the authorized intercepts are not domestic but rather foreign intelligence integral to the conduct of war and that the warrant requirements of FISA were implicitly superseded by the subsequent passage of the Authorization for Use of Military Force Against Terrorists (AUMF).[8] FISA makes it illegal to intentionally engage in electronic surveillance under appearance of an official act or to disclose or use information obtained by electronic surveillance under appearance of an official act knowing that it was not authorized by statute; this is punishable with a fine of up to $10,000 or up to five years in prison, or both.[9] In addition, the Wiretap Act prohibits any person from illegally intercepting, disclosing, using or divulging phone calls or electronic communications; this is punishable with a fine or up to five years in prison, or both.[10]
After an article about the program, (which had been code-named Stellar Wind), was published in The New York Times on December 16, 2005, Attorney General Alberto Gonzales confirmed its existence.[11][12][13] The Times had posted the exclusive story on their website the night before, after learning that the Bush administration was considering seeking a Pentagon-Papers-style court injunction to block its publication.[14] Critics of The Times have alleged that executive editor Bill Keller had withheld the story from publication since before the 2004 Presidential election, and that the story that was ultimately published by The Times was essentially the same as reporters James Risen and Eric Lichtblau had submitted in 2004.[15] In a December 2008 interview with Newsweek, former Justice Department employee Thomas Tamm revealed himself to be the initial whistle-blower to The Times. The FBI began investigating leaks about the program in 2005, with 25 agents and 5 prosecutors on the case.
FBI’s Patriot Act Abuse of National Security Letters and illegal NSA spying
If you think you can handle the truth, well here it is folks
The National Security Agency (NSA) is an intelligence organization of the United States federal government responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes, a discipline known as signals intelligence (SIGINT). NSA is concurrently charged with protection of U.S. government communications and information systems against penetration and network warfare.[8][9] Although many of NSA’s programs rely on “passive” electronic collection, the agency is authorized to accomplish its mission through active clandestine means,[10] among which are physically bugging electronic systems[11] and allegedly engaging in sabotage through subversive software.[12][13] Moreover, NSA maintains physical presence in a large number of countries across the globe, where its Special Collection Service (SCS) inserts eavesdropping devices in difficult-to-reach places. SCS collection tactics allegedly encompass “close surveillance, burglary, wiretapping, breaking and entering”.[14][15]
Unlike the Defense Intelligence Agency (DIA) and the Central Intelligence Agency (CIA), both of which specialize primarily in foreign human espionage, NSA does not unilaterally conduct human-source intelligence gathering, despite often being portrayed so in popular culture. Instead, NSA is entrusted with assistance to and coordination of SIGINT elements at other government organizations, which are prevented by law from engaging in such activities without the approval of the NSA via the Defense Secretary.[16] As part of these streamlining responsibilities, the agency has a co-located organization called the Central Security Service (CSS), which was created to facilitate cooperation between NSA and other U.S. military cryptanalysis components. Additionally, the NSA Director simultaneously serves as the Commander of the United States Cyber Command and as Chief of the Central Security Service.
NSA surveillance has been a matter of political controversy on several occasions, such as its spying on anti-Vietnam-war leaders or economic espionage. In 2013, the extent of some of the NSA’s secret surveillance programs was revealed to the public by Edward Snowden. According to the leaked documents, the NSA intercepts the communications of over a billion people worldwide, many of whom are United States citizens, and tracks the movement of hundreds of millions of people using cellphones. Internationally, research has pointed to the NSA’s ability to surveil the domestic Internet traffic of foreign countries through “boomerang routing”.[18]
Contents
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History
Army predecessor
The origins of the National Security Agency can be traced back to April 28, 1917, three weeks after the U.S. Congress declared war on Germany in World War I. A code and cipher decryption unit was established as the Cable and Telegraph Section which was also known as the Cipher Bureau. It was headquartered in Washington, D.C. and was part of the war effort under the executive branch without direct Congressional authorization. During the course of the war it was relocated in the army’s organizational chart several times. On July 5, 1917, Herbert O. Yardley was assigned to head the unit. At that point, the unit consisted of Yardley and two civilian clerks. It absorbed the navy’s cryptoanalysis functions in July 1918. World War I ended on November 11, 1918, and MI-8 moved to New York City on May 20, 1919, where it continued intelligence activities as the Code Compilation Company under the direction of Yardley.[19][20]
Black Chamber
Western Union allowed MI-8 to monitor telegraphic communications passing through the company’s wires until 1929.[21]
MI-8 also operated the so-called “Black Chamber“.[22] The Black Chamber was located on East 37th Street in Manhattan. Its purpose was to crack the communications codes of foreign governments. Jointly supported by the State Department and the War Department, the chamber persuaded Western Union, the largest U.S. telegram company, to allow government officials to monitor private communications passing through the company’s wires.[23]
Other “Black Chambers” were also found in Europe. They were established by the French and British governments to read the letters of targeted individuals, employing a variety of techniques to surreptitiously open, copy, and reseal correspondence before forwarding it to unsuspecting recipients.[24]
Despite the American Black Chamber’s initial successes, it was shut down in 1929 by U.S. Secretary of State Henry L. Stimson, who defended his decision by stating: “Gentlemen do not read each other’s mail”.[21]
World War II and its aftermath
During World War II, the Signal Security Agency (SSA) was created to intercept and decipher the communications of the Axis powers.[25] When the war ended, the SSA was reorganized as the Army Security Agency (ASA), and it was placed under the leadership of the Director of Military Intelligence.[25]
On May 20, 1949, all cryptologic activities were centralized under a national organization called the Armed Forces Security Agency (AFSA).[25]This organization was originally established within the U.S. Department of Defense under the command of the Joint Chiefs of Staff.[26] The AFSA was tasked to direct Department of Defense communications and electronic intelligence activities, except those of U.S. military intelligence units.[26] However, the AFSA was unable to centralize communications intelligence and failed to coordinate with civilian agencies that shared its interests such as the Department of State, Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI).[26] In December 1951, President Harry S. Truman ordered a panel to investigate how AFSA had failed to achieve its goals. The results of the investigation led to improvements and its redesignation as the National Security Agency.[27]
The agency was formally established by Truman in a memorandum of October 24, 1952, that revised National Security Council Intelligence Directive (NSCID) 9.[28] Since President Truman’s memo was a classified document,[28] the existence of the NSA was not known to the public at that time. Due to its ultra-secrecy the U.S. intelligence community referred to the NSA as “No Such Agency”.[29]
A secret operation, code-named “MINARET“, was set up by the NSA to monitor the phone communications of Senators Frank Church and Howard Baker, as well as major civil rights leaders, including Martin Luther King, Jr., and prominent U.S. journalists and athletes who criticized the Vietnam War.[31] However, the project turned out to be controversial, and an internal review by the NSA concluded that its Minaret program was “disreputable if not outright illegal”.[31]
The NSA mounted a major effort to secure tactical communications among U.S. forces during the war with mixed success. The NESTOR family of compatible secure voice systems it developed was widely deployed during the Vietnam War, with about 30,000 NESTOR sets produced. However a variety of technical and operational problems limited their use, allowing the North Vietnamese to exploit intercepted U.S. communications.[32]:Vol I, p.79
In the aftermath of the Watergate scandal, a congressional hearing in 1975 led by Sen. Frank Church[33] revealed that the NSA, in collaboration with Britain’s SIGINT intelligence agency Government Communications Headquarters (GCHQ), had routinely intercepted the international communications of prominent anti-Vietnam war leaders such as Jane Fonda and Dr. Benjamin Spock.[34] Following the resignation of President Richard Nixon, there were several investigations of suspected misuse of FBI, CIA and NSA facilities.[35] Senator Frank Church uncovered previously unknown activity,[35]such as a CIA plot (ordered by the administration of President John F. Kennedy) to assassinate Fidel Castro.[36] The investigation also uncovered NSA’s wiretaps on targeted American citizens.[37]
In 1986, the NSA intercepted the communications of the Libyan government during the immediate aftermath of the Berlin discotheque bombing. The White House asserted that the NSA interception had provided “irrefutable” evidence that Libya was behind the bombing, which U.S. President Ronald Reagan cited as a justification for the 1986 United States bombing of Libya.[38][39]
In 1999, a multi-year investigation by the European Parliament highlighted the NSA’s role in economic espionage in a report entitled ‘Development of Surveillance Technology and Risk of Abuse of Economic Information’.[40] That year, the NSA founded the NSA Hall of Honor, a memorial at the National Cryptologic Museum in Fort Meade, Maryland.[41] The memorial is a, “tribute to the pioneers and heroes who have made significant and long-lasting contributions to American cryptology”.[41] NSA employees must be retired for more than fifteen years to qualify for the memorial.[41]
NSA’s infrastructure deteriorated in the 1990s as defense budget cuts resulted in maintenance deferrals. On January 24, 2000, NSA headquarters suffered a total network outage for three days caused by an overloaded network. Incoming traffic was successfully stored on agency servers, but it could not be directed and processed. The agency carried out emergency repairs at a cost of $3 million to get the system running again. (Some incoming traffic was also directed instead to Britain’s GCHQ for the time being.) Director Michael Hayden called the outage a “wake-up call” for the need to invest in the agency’s infrastructure.[42]
War on Terror
After Osama bin Laden moved to Afghanistan in the 1980s, the NSA recorded all of his phone calls via satellite, logging over 2,000 minutes of conversation[43]
In the aftermath of the September 11 attacks, the NSA created new IT systems to deal with the flood of information from new technologies like the Internet and cellphones. ThinThread contained advanced data mining capabilities. It also had a “privacy mechanism”; surveillance was stored encrypted; decryption required a warrant. The research done under this program may have contributed to the technology used in later systems. ThinThread was cancelled when Michael Hayden chose Trailblazer, which did not include ThinThread’s privacy system.[44]
Trailblazer Project ramped up in 2002. SAIC, Boeing, CSC, IBM, and Litton worked on it. Some NSA whistleblowers complained internally about major problems surrounding Trailblazer. This led to investigations by Congress and the NSA and DoD Inspectors General. The project was cancelled in early 2004. Several whistleblowers were later arrested and charged with violating federal espionage laws.
Turbulence started in 2005. It was developed in small, inexpensive “test” pieces, rather than one grand plan like Trailblazer. It also included offensive cyber-warfare capabilities, like injecting malware into remote computers. Congress criticized Turbulence in 2007 for having similar bureaucratic problems as Trailblazer.[45] It was to be a realization of information processing at higher speeds in cyberspace.[46]
The massive extent of the NSA’s spying, both foreign and domestic, was revealed to the public in a series of detailed disclosures of internal NSA documents beginning in June 2013. Most of the disclosures were leaked by former NSA contractor, Edward Snowden.
Scope of surveillance
It was revealed that the NSA intercepts telephone and Internet communications of over a billion people worldwide, seeking information on terrorism as well as foreign politics, economics[47] and “commercial secrets”.[48] In a declassified document it was revealed that 17,835 phone lines were on an improperly permitted “alert list” from 2006 to 2009 in breach of compliance, which tagged these phone lines for daily monitoring.[49][50][51] Eleven percent of these monitored phone lines met the agency’s legal standard for “reasonably articulable suspicion” (RAS).[49][52]
A dedicated unit of the NSA locates targets for the CIA for extrajudicial assassination in the Middle East.[53] The NSA has also spied extensively on the European Union, the United Nations and numerous governments including allies and trading partners in Europe, South America and Asia.[54][55]
The NSA tracks the locations of hundreds of millions of cellphones per day, allowing it to map people’s movements and relationships in detail.[56]It reportedly has access to all communications made via Google, Microsoft, Facebook, Yahoo, YouTube, AOL, Skype, Apple and Paltalk,[57] and collects hundreds of millions of contact lists from personal email and instant messaging accounts each year.[58] It has also managed to weaken much of the encryption used on the Internet (by collaborating with, coercing or otherwise infiltrating numerous technology companies), so that the majority of Internet privacy is now vulnerable to the NSA and other attackers.[59][60]
Domestically, the NSA collects and stores metadata records of phone calls,[61] including over 120 million US Verizon subscribers,[62] as well as Internet communications,[57] relying on a secret interpretation of the Patriot Act whereby the entirety of US communications may be considered “relevant” to a terrorism investigation if it is expected that even a tiny minority may relate to terrorism.[63] The NSA supplies foreign intercepts to the DEA, IRS and other law enforcement agencies, who use these to initiate criminal investigations. Federal agents are then instructed to “recreate” the investigative trail via parallel construction.[64]
The NSA also spies on influential Muslims to obtain information that could be used to discredit them, such as their use of pornography. The targets, both domestic and abroad, are not suspected of any crime but hold religious or political views deemed “radical” by the NSA.[65]
Although NSA’s surveillance activities are controversial, government agencies and private enterprises have common needs, and sometimes cooperate at subtle and complex technical levels. Big data is becoming more advantageous, justifying the cost of required computer hardware, and social media lead the trend. The interests of NSA and Silicon Valley began to converge as advances in computer storage technology drastically reduced the costs of storing enormous amounts of data and at the same time the value of the data for use in consumer marketing began to rise. On the other hand, social media sites are growing as voluntary data mining operations on a scale that rivals or exceeds anything the government could attempt on its own.[66]
According to a report in The Washington Post in July 2014, relying on information provided by Snowden, 90% of those placed under surveillance in the U.S. are ordinary Americans, and are not the intended targets. The newspaper said it had examined documents including emails, text messages, and online accounts that support the claim.[67]
Legal accountability
Despite President Obama’s claims that these programs have congressional oversight, members of Congress were unaware of the existence of these NSA programs or the secret interpretation of the Patriot Act, and have consistently been denied access to basic information about them.[68] Obama has also claimed that there are legal checks in place to prevent inappropriate access of data and that there have been no examples of abuse;[69] however, the secret FISC court charged with regulating the NSA’s activities is, according to its chief judge, incapable of investigating or verifying how often the NSA breaks even its own secret rules.[70] It has since been reported that the NSA violated its own rules on data access thousands of times a year, many of these violations involving large-scale data interceptions;[71] and that NSA officers have even used data intercepts to spy on love interests.[72] The NSA has “generally disregarded the special rules for disseminating United States person information” by illegally sharing its intercepts with other law enforcement agencies.[73] A March 2009 opinion of the FISC court, released by court order, states that protocols restricting data queries had been “so frequently and systemically violated that it can be fairly said that this critical element of the overall … regime has never functioned effectively.”[74][75] In 2011 the same court noted that the “volume and nature” of the NSA’s bulk foreign Internet intercepts was “fundamentally different from what the court had been led to believe”.[73] Email contact lists (including those of US citizens) are collected at numerous foreign locations to work around the illegality of doing so on US soil.[58]
Legal opinions on the NSA’s bulk collection program have differed. In mid-December 2013, U.S. District Court Judge Richard Leon ruled that the “almost-Orwellian” program likely violates the Constitution, and wrote, “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely, such a program infringes on ‘that degree of privacy’ that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.”[76]
Later that month, U.S. District Judge William Pauley ruled that the NSA’s collection of telephone records is legal and valuable in the fight against terrorism. In his opinion, he wrote, “a bulk telephony metadata collection program [is] a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data” and noted that a similar collection of data prior to 9/11 might have prevented the attack.[77]
An October 2014 United Nations report condemned mass surveillance by the United States and other countries as violating multiple international treaties and conventions that guarantee core privacy rights.[78]
Official responses
On March 20, 2013 the Director of National Intelligence, Lieutenant General James Clapper, testified before Congress that the NSA does not wittingly collect any kind of data on millions or hundreds of millions of Americans, but he retracted this in June after details of the PRISM program were published, and stated instead that meta-data of phone and Internet traffic are collected, but no actual message contents.[79] This was corroborated by the NSA Director, General Keith Alexander, before it was revealed that the XKeyscore program collects the contents of millions of emails from US citizens without warrant, as well as “nearly everything a user does on the Internet”. Alexander later admitted that “content” is collected, but stated that it is simply stored and never analyzed or searched unless there is “a nexus to al-Qaida or other terrorist groups”.[69]
Regarding the necessity of these NSA programs, Alexander stated on June 27 that the NSA’s bulk phone and Internet intercepts had been instrumental in preventing 54 terrorist “events”, including 13 in the US, and in all but one of these cases had provided the initial tip to “unravel the threat stream”.[80] On July 31 NSA Deputy Director John Inglis conceded to the Senate that these intercepts had not been vital in stopping any terrorist attacks, but were “close” to vital in identifying and convicting four San Diego men for sending US$8,930 to Al-Shabaab, a militia that conducts terrorism in Somalia.[81][82][83]
The U.S. government has aggressively sought to dismiss and challenge Fourth Amendment cases raised against it, and has granted retroactive immunity to ISPs and telecoms participating in domestic surveillance.[84][85] The U.S. military has acknowledged blocking access to parts of The Guardian website for thousands of defense personnel across the country,[86][87] and blocking the entire Guardian website for personnel stationed throughout Afghanistan, the Middle East, and South Asia.[88]
NSA also has an Inspector General, head of the Office of the Inspector General (OIG), a General Counsel, head of the Office of the General Counsel (OGC) and a Director of Compliance, who is head of the Office of the Director of Compliance (ODOC).[89]
Unlike other intelligence organizations such as CIA or DIA, NSA has always been particularly reticent concerning its internal organizational structure.
As of the mid-1990s, the National Security Agency was organized into five Directorates:
The Operations Directorate, which was responsible for SIGINT collection and processing.
The Technology and Systems Directorate, which develops new technologies for SIGINT collection and processing.
The Information Systems Security Directorate, which was responsible for NSA’s communications and information security missions.
The Plans, Policy and Programs Directorate, which provided staff support and general direction for the Agency.
The Support Services Directorate, which provided logistical and administrative support activities.[90]
Each of these directorates consisted of several groups or elements, designated by a letter. There were for example the A Group, which was responsible for all SIGINT operations against the Soviet Union and Eastern Europe, and G Group, which was responsible for SIGINT related to all non-communist countries. These groups were divided in units designated by an additional number, like unit A5 for breaking Soviet codes, and G6, being the office for the Middle East, North Africa, Cuba, Central and South America.[91][92]
Structure
As of 2013, NSA has about a dozen directorates, which are designated by a letter, although not all of them are publicly known. The directorates are divided in divisions and units starting with the letter of the parent directorate, followed by a number for the division, the sub-unit or a sub-sub-unit.
The main elements of the organizational structure of the NSA are:[93]
F – Directorate only known from unit F6, the Special Collection Service (SCS), which is a joint program created by CIA and NSA in 1978 to facilitate clandestine activities such as bugging computers throughout the world, using the expertise of both agencies.[94]
G – Directorate only known from unit G112, the office that manages the Senior Span platform, attached to the U2 spy planes.[95]
I – Information Assurance Directorate (IAD), which ensures availability, integrity, authentication, confidentiality, and non-repudiation of national security and telecommunications and information systems (national security systems).
J – Directorate only known from unit J2, the Cryptologic Intelligence Unit
L – Installation and Logistics
M – Human Resources
Q – Security and Counterintelligence
R – Research Directorate, which conducts research on signals intelligence and on information assurance for the U.S. Government.[96]
S – Signals Intelligence Directorate (SID), which is responsible for the collection, analysis, production and dissemination of signals intelligence. This directorate is led by a director and a deputy director. The SID consists of the following divisions:
S1 – Customer Relations
S2 – Analysis and Production Centers, with the following so-called Product Lines:
S2A: South Asia, S2B: China and Korea, S2C: International Security, S2E: Middle East/Asia, S2F: International Crime, S2G: Counter-proliferation, S2H: Russia, S2I: Counter-terrorism, S2J: Weapons and Space, S2T: Current Threats
S3 – Data Acquisition, with these divisions for the main collection programs:
S31 – Cryptanalysis and Exploitation Services (CES)
S32 – Tailored Access Operations (TAO), which hacks into foreign computers to conduct cyber-espionage and reportedly is “the largest and arguably the most important component of the NSA’s huge Signal Intelligence (SIGINT) Directorate, consisting of over 1,000 military and civilian computer hackers, intelligence analysts, targeting specialists, computer hardware and software designers, and electrical engineers.”[97]
S33 – Global Access Operations (GAO), which is responsible for intercepts from satellites and other international SIGINT platforms.[98] A tool which details and maps the information collected by this unit is code-named Boundless Informant.
S34 – Collections Strategies and Requirements Center
S35 – Special Source Operations (SSO), which is responsible for domestic and compartmented collection programs, like for example the PRISM program.[98] Special Source Operations is also mentioned in connection to the FAIRVIEW collection program.[99]
T – Technical Directorate (TD)
Directorate for Education and Training
Directorate for Corporate Leadership
Foreign Affairs Directorate, which acts as liaison with foreign intelligence services, counter-intelligence centers and the UKUSA-partners.
Acquisitions and Procurement Directorate
Information Sharing Services (ISS), led by a chief and a deputy chief.[100]
In the year 2000, a leadership team was formed, consisting of the Director, the Deputy Director and the Directors of the Signals Intelligence (SID), the Information Assurance (IAD) and the Technical Directorate (TD). The chiefs of other main NSA divisions became associate directors of the senior leadership team.[101]
After president George W. Bush initiated the President’s Surveillance Program (PSP) in 2001, the NSA created a 24-hour Metadata Analysis Center (MAC), followed in 2004 by the Advanced Analysis Division (AAD), with the mission of analyzing content, Internet metadata and telephone metadata. Both units were part of the Signals Intelligence Directorate.[102]
A 2016 proposal would combine the Signals Intelligence Directorate with the Information Assurance Directorate into a Directorate of Operations.[103]
Watch centers
The NSA maintains at least two watch centers:
National Security Operations Center (NSOC), which is the NSA’s current operations center and focal point for time-sensitive SIGINT reporting for the United States SIGINT System (USSS). This center was established in 1968 as the National SIGINT Watch Center (NSWC) and renamed into National SIGINT Operations Center (NSOC) in 1973. This “nerve center of the NSA” got its current name in 1996.[104]
NSA/CSS Threat Operations Center (NTOC), which is the primary NSA/CSS partner for Department of Homeland Security response to cyber incidents. The NTOC establishes real-time network awareness and threat characterization capabilities to forecast, alert, and attribute malicious activity and enable the coordination of Computer Network Operations. The NTOC was established in 2004 as a joint Information Assurance and Signals Intelligence project.[105]
Employees
The number of NSA employees is officially classified[4] but there are several sources providing estimates. In 1961, NSA had 59,000 military and civilian employees, which grew to 93,067 in 1969, of which 19,300 worked at the headquarters at Fort Meade. In the early 1980s NSA had roughly 50,000 military and civilian personnel. By 1989 this number had grown again to 75,000, of which 25,000 worked at the NSA headquarters. Between 1990 and 1995 the NSA’s budget and workforce were cut by one third, which led to a substantial loss of experience.[106]
In 2012, the NSA said more than 30,000 employees worked at Fort Meade and other facilities.[2] In 2012, John C. Inglis, the deputy director, said that the total number of NSA employees is “somewhere between 37,000 and one billion” as a joke,[4] and stated that the agency is “probably the biggest employer of introverts.”[4] In 2013 Der Spiegel stated that the NSA had 40,000 employees.[5] More widely, it has been described as the world’s largest single employer of mathematicians.[107] Some NSA employees form part of the workforce of the National Reconnaissance Office (NRO), the agency that provides the NSA with satellite signals intelligence.
The NSA received criticism early on in 1960 after two agents had defected to the Soviet Union. Investigations by the House Un-American Activities Committee and a special subcommittee of the United States House Committee on Armed Services revealed severe cases of ignorance in personnel security regulations, prompting the former personnel director and the director of security to step down and leading to the adoption of stricter security practices.[109] Nonetheless, security breaches reoccurred only a year later when in an issue of Izvestia of July 23, 1963, a former NSA employee published several cryptologic secrets.
The very same day, an NSA clerk-messenger committed suicide as ongoing investigations disclosed that he had sold secret information to the Soviets on a regular basis. The reluctance of Congressional houses to look into these affairs had prompted a journalist to write, “If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired.” David Kahn criticized the NSA’s tactics of concealing its doings as smug and the Congress’ blind faith in the agency’s right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.[109]
Edward Snowden‘s leaking of the existence of PRISM in 2013 caused the NSA to institute a “two-man rule“, where two system administrators are required to be present when one accesses certain sensitive information.[108] Snowden claims he suggested such a rule in 2009.[110]
The NSA conducts polygraph tests of employees. For new employees, the tests are meant to discover enemy spies who are applying to the NSA and to uncover any information that could make an applicant pliant to coercion.[111] As part of the latter, historically EPQs or “embarrassing personal questions” about sexual behavior had been included in the NSA polygraph.[111] The NSA also conducts five-year periodic reinvestigation polygraphs of employees, focusing on counterintelligence programs. In addition the NSA conducts periodic polygraph investigations in order to find spies and leakers; those who refuse to take them may receive “termination of employment”, according to a 1982 memorandum from the director of the NSA.[112]
NSA-produced video on the polygraph process
There are also “special access examination” polygraphs for employees who wish to work in highly sensitive areas, and those polygraphs cover counterintelligence questions and some questions about behavior.[112] NSA’s brochure states that the average test length is between two and four hours.[113] A 1983 report of the Office of Technology Assessment stated that “It appears that the NSA [National Security Agency] (and possibly CIA) use the polygraph not to determine deception or truthfulness per se, but as a technique of interrogation to encourage admissions.”[114]Sometimes applicants in the polygraph process confess to committing felonies such as murder, rape, and selling of illegal drugs. Between 1974 and 1979, of the 20,511 job applicants who took polygraph tests, 695 (3.4%) confessed to previous felony crimes; almost all of those crimes had been undetected.[111]
In 2010 the NSA produced a video explaining its polygraph process.[115] The video, ten minutes long, is titled “The Truth About the Polygraph” and was posted to the Web site of the Defense Security Service. Jeff Stein of The Washington Post said that the video portrays “various applicants, or actors playing them — it’s not clear — describing everything bad they had heard about the test, the implication being that none of it is true.”[116] AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video.[115] George Maschke, the founder of the Web site, accused the NSA polygraph video of being “Orwellian“.[116]
After Edward Snowden revealed his identity in 2013, the NSA began requiring polygraphing of employees once per quarter.[117]
Arbitrary firing
The number of exemptions from legal requirements has been criticized. When in 1964 the Congress was hearing a bill giving the director of the NSA the power to fire at will any employee,The Washington Post wrote: “This is the very definition of arbitrariness. It means that an employee could be discharged and disgraced on the basis of anonymous allegations without the slightest opportunity to defend himself.” Yet, the bill was accepted by an overwhelming majority.[109]
Insignia and memorials
The heraldic insignia of NSA consists of an eagle inside a circle, grasping a key in its talons.[118] The eagle represents the agency’s national mission.[118] Its breast features a shield with bands of red and white, taken from the Great Seal of the United States and representing Congress.[118] The key is taken from the emblem of Saint Peter and represents security.[118]
When the NSA was created, the agency had no emblem and used that of the Department of Defense.[119] The agency adopted its first of two emblems in 1963.[119] The current NSA insignia has been in use since 1965, when then-Director, LTG Marshall S. Carter (USA) ordered the creation of a device to represent the agency.[120]
The NSA’s flag consists of the agency’s seal on a light blue background.
National Cryptologic Memorial
Crews associated with NSA missions have been involved in a number of dangerous and deadly situations.[121] The USS Liberty incident in 1967 and USS Pueblo incident in 1968 are examples of the losses endured during the Cold War.[121]
The National Security Agency/Central Security Service Cryptologic Memorial honors and remembers the fallen personnel, both military and civilian, of these intelligence missions.[122] It is made of black granite, and has 171 names carved into it, as of 2013 .[122] It is located at NSA headquarters. A tradition of declassifying the stories of the fallen was begun in 2001.[122]
NSANet (NSA’s intranet)
Behind the Green Door – Secure communications room with separate computer terminals for access to SIPRNET, GWAN, NSANET, and JWICS
NSANet stands for National Security Agency Network and is the official NSA intranet.[123] It is a classified network,[124] for information up to the level of TS/SCI[125] to support the use and sharing of intelligence data between NSA and the signals intelligence agencies of the four other nations of the Five Eyes partnership. The management of NSANet has been delegated to the Central Security Service Texas (CSSTEXAS).[126]
NSANet is a highly secured computer network consisting of fiber-optic and satellite communication channels which are almost completely separated from the public Internet. The network allows NSA personnel and civilian and military intelligence analysts anywhere in the world to have access to the agency’s systems and databases. This access is tightly controlled and monitored. For example, every keystroke is logged, activities are audited at random and downloading and printing of documents from NSANet are recorded.[127]
In 1998, NSANet, along with NIPRNET and SIPRNET, had “significant problems with poor search capabilities, unorganized data and old information”.[128] In 2004, the network was reported to have used over twenty commercial off-the-shelf operating systems.[129] Some universities that do highly sensitive research are allowed to connect to it.[130]
The thousands of Top Secret internal NSA documents that were taken by Edward Snowden in 2013 were stored in “a file-sharing location on the NSA’s intranet site” so they could easily be read online by NSA personnel. Everyone with a TS/SCI-clearance had access to these documents and as a system administrator, Snowden was responsible for moving accidentally misplaced highly sensitive documents to more secure storage locations.[131]
National Computer Security Center
The DoD Computer Security Center was founded in 1981 and renamed the National Computer Security Center (NCSC) in 1985. NCSC was responsible for computer security throughout the federal government.[132] NCSC was part of NSA,[133] and during the late 1980s and the 1990s, NSA and NCSC published Trusted Computer System Evaluation Criteria in a six-foot high Rainbow Series of books that detailed trusted computing and network platform specifications.[134] The Rainbow books were replaced by the Common Criteria, however, in the early 2000s.[134]
Facilities
Headquarters
National Security Agency headquarters in Fort Meade, 2013
Headquarters for the National Security Agency is located at 39°6′32″N76°46′17″W in Fort George G. Meade, Maryland, although it is separate from other compounds and agencies that are based within this same military installation. Ft. Meade is about 20 mi (32 km) southwest of Baltimore,[135] and 25 mi (40 km) northeast of Washington, DC.[136] The NSA has its own exit off Maryland Route 295 South labeled “NSA Employees Only”.[137][138] The exit may only be used by people with the proper clearances, and security vehicles parked along the road guard the entrance.[139]
NSA is the largest employer in the U.S. state of Maryland, and two-thirds of its personnel work at Ft. Meade.[140] Built on 350 acres (140 ha; 0.55 sq mi)[141] of Ft. Meade’s 5,000 acres (2,000 ha; 7.8 sq mi),[142] the site has 1,300 buildings and an estimated 18,000 parking spaces.[136][143]
NSA headquarters building in Fort Meade (left), NSOC (right)
The main NSA headquarters and operations building is what James Bamford, author of Body of Secrets, describes as “a modern boxy structure” that appears similar to “any stylish office building.”[144] The building is covered with one-way dark glass, which is lined with copper shielding in order to prevent espionage by trapping in signals and sounds.[144] It contains 3,000,000 square feet (280,000 m2), or more than 68 acres (28 ha), of floor space; Bamford said that the U.S. Capitol “could easily fit inside it four times over.”[144]
The facility has over 100 watchposts,[145] one of them being the visitor control center, a two-story area that serves as the entrance.[144] At the entrance, a white pentagonal structure,[146] visitor badges are issued to visitors and security clearances of employees are checked.[147] The visitor center includes a painting of the NSA seal.[146]
The OPS2A building, the tallest building in the NSA complex and the location of much of the agency’s operations directorate, is accessible from the visitor center. Bamford described it as a “dark glass Rubik’s Cube“.[148] The facility’s “red corridor” houses non-security operations such as concessions and the drug store. The name refers to the “red badge” which is worn by someone without a security clearance. The NSA headquarters includes a cafeteria, a credit union, ticket counters for airlines and entertainment, a barbershop, and a bank.[146] NSA headquarters has its own post office, fire department, and police force.[149][150][151]
Due to massive amounts of data processing, NSA is the largest electricity consumer in Maryland.[140]
Following a major power outage in 2000, in 2003 and in follow-ups through 2007, The Baltimore Sun reported that the NSA was at risk of electrical overload because of insufficient internal electrical infrastructure at Fort Meade to support the amount of equipment being installed. This problem was apparently recognized in the 1990s but not made a priority, and “now the agency’s ability to keep its operations going is threatened.”[153]
Baltimore Gas & Electric (BGE, now Constellation Energy) provided NSA with 65 to 75 megawatts at Ft. Meade in 2007, and expected that an increase of 10 to 15 megawatts would be needed later that year.[154] In 2011, NSA at Ft. Meade was Maryland’s largest consumer of power.[140] In 2007, as BGE’s largest customer, NSA bought as much electricity as Annapolis, the capital city of Maryland.[153]
One estimate put the potential for power consumption by the new Utah Data Center at US$40 million per year.[155]
When the agency was established, its headquarters and cryptographic center were in the Naval Security Station in Washington, D.C. The COMINT functions were located in Arlington Hall in Northern Virginia, which served as the headquarters of the U.S. Army‘s cryptographic operations.[156]Because the Soviet Union had detonated a nuclear bomb and because the facilities were crowded, the federal government wanted to move several agencies, including the AFSA/NSA. A planning committee considered Fort Knox, but Fort Meade, Maryland, was ultimately chosen as NSA headquarters because it was far enough away from Washington, D.C. in case of a nuclear strike and was close enough so its employees would not have to move their families.[157]
Construction of additional buildings began after the agency occupied buildings at Ft. Meade in the late 1950s, which they soon outgrew.[157] In 1963 the new headquarters building, nine stories tall, opened. NSA workers referred to the building as the “Headquarters Building” and since the NSA management occupied the top floor, workers used “Ninth Floor” to refer to their leaders.[158] COMSEC remained in Washington, D.C., until its new building was completed in 1968.[157] In September 1986, the Operations 2A and 2B buildings, both copper-shielded to prevent eavesdropping, opened with a dedication by President Ronald Reagan.[159] The four NSA buildings became known as the “Big Four.”[159] The NSA director moved to 2B when it opened.[159]
On March 30, 2015, shortly before 9 am, a stolen sports utility vehicle approached an NSA police vehicle blocking the road near the gate of Fort Meade, after it was told to leave the area. NSA officers fired on the SUV, killing the 27-year-old driver, Ricky Hall (a transgender person also known as Mya), and seriously injuring his 20-year-old male passenger. An NSA officer’s arm was injured when Hall subsequently crashed into his vehicle.[160][161]
The two, dressed in women’s clothing after a night of partying at a motel with the man they’d stolen the SUV from that morning, “attempted to drive a vehicle into the National Security Agency portion of the installation without authorization”, according to an NSA statement.[162] FBI spokeswoman Amy Thoreson said the incident is not believed to be related to terrorism.[163]In June 2015 the FBI closed its investigation into the incident and federal prosecutors have declined to bring charges against anyone involved.[164]
An anonymous police official told The Washington Post, “This was not a deliberate attempt to breach the security of NSA. This was not a planned attack.” The two are believed to have made a wrong turn off the highway, while fleeing from the motel after stealing the vehicle. A small amount of cocaine was found in the SUV. A local CBS reporter initially said a gun was found,[165]but her later revision does not.[166] Dozens of journalists were corralled into a parking lot blocks away from the scene, and were barred from photographing the area.[167]
NSA held a groundbreaking ceremony at Ft. Meade in May 2013 for its High Performance Computing Center 2, expected to open in 2016.[169] Called Site M, the center has a 150 megawatt power substation, 14 administrative buildings and 10 parking garages.[149] It cost $3.2 billion and covers 227 acres (92 ha; 0.355 sq mi).[149] The center is 1,800,000 square feet (17 ha; 0.065 sq mi)[149] and initially uses 60 megawatts of electricity.[170]
Increments II and III are expected to be completed by 2030, and would quadruple the space, covering 5,800,000 square feet (54 ha; 0.21 sq mi) with 60 buildings and 40 parking garages.[149]Defense contractors are also establishing or expanding cybersecurity facilities near the NSA and around the Washington metropolitan area.[149]
On January 6, 2011 a groundbreaking ceremony was held to begin construction on NSA’s first Comprehensive National Cyber-security Initiative (CNCI) Data Center, known as the “Utah Data Center” for short. The $1.5B data center is being built at Camp Williams, Utah, located 25 miles (40 km) south of Salt Lake City, and will help support the agency’s National Cyber-security Initiative.[172] It is expected to be operational by September 2013.[155]
In 2009, to protect its assets and to access more electricity, NSA sought to decentralize and expand its existing facilities in Ft. Meade and Menwith Hill,[173] the latter expansion expected to be completed by 2015.[174]
NSA operates RAF Menwith Hill in North Yorkshire, United Kingdom, which was, according to BBC News in 2007, the largest electronic monitoring station in the world.[182] Planned in 1954, and opened in 1960, the base covered 562 acres (227 ha; 0.878 sq mi) in 1999.[183]
The agency’s European Cryptologic Center (ECC), with 240 employees in 2011, is headquartered at a US military compound in Griesheim, near Frankfurt in Germany. A 2011 NSA report indicates that the ECC is responsible for the “largest analysis and productivity in Europe” and focusses on various priorities, including Africa, Europe, the Middle East and counterterrorism operations.[184]
In 2013, a new Consolidated Intelligence Center, also to be used by NSA, is being built at the headquarters of the United States Army Europe in Wiesbaden, Germany.[185] NSA’s partnership with Bundesnachrichtendienst (BND), the German foreign intelligence service, was confirmed by BND president Gerhard Schindler.[185]
Thailand
Thailand is a “3rd party partner” of the NSA along with nine other nations.[186] These are non-English-speaking countries that have made security agreements for the exchange of SIGINT raw material and end product reports.
Thailand is the site of at least two US SIGINT collection stations. One is at the US Embassy in Bangkok, a joint NSA-CIA Special Collection Service (SCS) unit. It presumably eavesdrops on foreign embassies, governmental communications, and other targets of opportunity.[187]
The second installation is a FORNSAT (foreign satellite interception) station in the Thai city of Khon Kaen. It is codenamed INDRA, but has also been referred to as LEMONWOOD.[187] The station is approximately 40 ha (100 acres) in size and consists of a large 3,700–4,600 m2 (40,000–50,000 ft2) operations building on the west side of the ops compound and four radome-enclosed parabolic antennas. Possibly two of the radome-enclosed antennas are used for SATCOM intercept and two antennas used for relaying the intercepted material back to NSA. There is also a PUSHER-type circularly-disposed antenna array (CDAA) array just north of the ops compound.[188][189]
NSA activated Khon Kaen in October 1979. Its mission was to eavesdrop on the radio traffic of Chinese army and air force units in southern China, especially in and around the city of Kunming in Yunnan Province. Back in the late 1970s the base consisted only of a small CDAA antenna array that was remote-controlled via satellite from the NSA listening post at Kunia, Hawaii, and a small force of civilian contractors from Bendix Field Engineering Corp. whose job it was to keep the antenna array and satellite relay facilities up and running 24/7.[188]
According to the papers of the late General William Odom, the INDRA facility was upgraded in 1986 with a new British-made PUSHER CDAA antenna as part of an overall upgrade of NSA and Thai SIGINT facilities whose objective was to spy on the neighboring communist nations of Vietnam, Laos, and Cambodia.[188]
The base apparently fell into disrepair in the 1990s as China and Vietnam became more friendly towards the US, and by 2002 archived satellite imagery showed that the PUSHER CDAA antenna had been torn down, perhaps indicating that the base had been closed. At some point in the period since 9/11, the Khon Kaen base was reactivated and expanded to include a sizeable SATCOM intercept mission. It is likely that the NSA presence at Khon Kaen is relatively small, and that most of the work is done by civilian contractors.[188]
Mission
NSA’s eavesdropping mission includes radio broadcasting, both from various organizations and individuals, the Internet, telephone calls, and other intercepted forms of communication. Its secure communications mission includes military, diplomatic, and all other sensitive, confidential or secret government communications.[190]
According to the Washington Post, “[e]very day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications. The NSA sorts a fraction of those into 70 separate databases.”[191]
Because of its listening task, NSA/CSS has been heavily involved in cryptanalytic research, continuing the work of predecessor agencies which had broken many World War II codes and ciphers (see, for instance, Purple, Venona project, and JN-25).
As part of the National Security Presidential Directive 54/Homeland Security Presidential Directive 23 (NSPD 54), signed on January 8, 2008 by President Bush, the NSA became the lead agency to monitor and protect all of the federal government’s computer networks from cyber-terrorism.[9]
Operations
Operations by the National Security Agency can be divided in three types:
Collection overseas, which falls under the responsibility of the Global Access Operations (GAO) division.
Domestic collection, which falls under the responsibility of the Special Source Operations (SSO) division.
Hacking operations, which falls under the responsibility of the Tailored Access Operations (TAO) division.
During the early 1970s, the first of what became more than eight large satellite communications dishes were installed at Menwith Hill.[196] Investigative journalist Duncan Campbell reported in 1988 on the ECHELON surveillance program, an extension of the UKUSA Agreement on global signals intelligence SIGINT, and detailed how the eavesdropping operations worked.[197] In November 3, 1999 the BBC reported that they had confirmation from the Australian Government of the existence of a powerful “global spying network” code-named Echelon, that could “eavesdrop on every single phone call, fax or e-mail, anywhere on the planet” with Britain and the United States as the chief protagonists. They confirmed that Menwith Hill was “linked directly to the headquarters of the US National Security Agency (NSA) at Fort Meade in Maryland”.[198]
NSA’s United States Signals Intelligence Directive 18 (USSID 18) strictly prohibited the interception or collection of information about “… U.S. persons, entities, corporations or organizations….” without explicit written legal permission from the United States Attorney General when the subject is located abroad, or the Foreign Intelligence Surveillance Court when within U.S. borders. Alleged Echelon-related activities, including its use for motives other than national security, including political and industrial espionage, received criticism from countries outside the UKUSA alliance.[199][200]
The NSA is also involved in planning to blackmail people with “SEXINT“, intelligence gained about a potential target’s sexual activity and preferences. Those targeted had not committed any apparent crime nor were charged with one.[201]
In order to support its facial recognition program, the NSA is intercepting “millions of images per day”.[202]
The Real Time Regional Gateway is a data collection program introduced in 2005 in Iraq by NSA during the Iraq War that consisted of gathering all electronic communication, storing it, then searching and otherwise analyzing it. It was effective in providing information about Iraqi insurgents who had eluded less comprehensive techniques.[203] This “collect it all” strategy introduced by NSA director, Keith B. Alexander, is believed by Glenn Greenwald of The Guardian to be the model for the comprehensive worldwide mass archiving of communications which NSA is engaged in as of 2013.[204]
BoundlessInformant
Edward Snowden revealed in June 2013 that between February 8 and March 8, 2013, the NSA collected about 124.8 billion telephone data items and 97.1 billion computer data items throughout the world, as was displayed in charts from an internal NSA tool codenamed Boundless Informant. It was reported that some of these data reflected eavesdropping on citizens in countries like Germany, Spain and France.[205]
In 2013, reporters uncovered a secret memo that claims the NSA created and pushed for the adoption of the Dual_EC_DRBG encryption standard that contained built-in vulnerabilities in 2006 to the United States National Institute of Standards and Technology (NIST), and the International Organization for Standardization (aka ISO).[207][208] This memo appears to give credence to previous speculation by cryptographers at Microsoft Research.[209]Edward Snowden claims that the NSA often bypasses encryption altogether by lifting information before it is encrypted or after it is decrypted.[208]
XKeyscore rules (as specified in a file xkeyscorerules100.txt, sourced by German TV stations NDR and WDR, who claim to have excerpts from its source code) reveal that the NSA tracks users of privacy-enhancing software tools, including Tor; an anonymous email service provided by the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL) in Cambridge, Massachusetts; and readers of the Linux Journal.[210][211]
NSA’s mission, as set forth in Executive Order 12333 in 1981, is to collect information that constitutes “foreign intelligence or counterintelligence” while not “acquiring information concerning the domestic activities of United States persons”. NSA has declared that it relies on the FBI to collect information on foreign intelligence activities within the borders of the United States, while confining its own activities within the United States to the embassies and missions of foreign nations.[212] The appearance of a ‘Domestic Surveillance Directorate’ of the NSA was soon exposed as a hoax in 2013.[213][214]
NSA’s domestic surveillance activities are limited by the requirements imposed by the Fourth Amendment to the U.S. Constitution. The Foreign Intelligence Surveillance Court for example held in October 2011, citing multiple Supreme Court precedents, that the Fourth Amendment prohibitions against unreasonable searches and seizures applies to the contents of all communications, whatever the means, because “a person’s private communications are akin to personal papers.”[215] However, these protections do not apply to non-U.S. persons located outside of U.S. borders, so the NSA’s foreign surveillance efforts are subject to far fewer limitations under U.S. law.[216] The specific requirements for domestic surveillance operations are contained in the Foreign Intelligence Surveillance Act of 1978 (FISA), which does not extend protection to non-U.S. citizens located outside of U.S. territory.[216]
George W. Bush administration
George W. Bush, president during the 9/11 terrorist attacks, approved the Patriot Act shortly after the attacks to take anti-terrorist security measures. Title 1, 2, and 9 specifically authorized measures that would be taken by the NSA. These titles granted enhanced domestic security against terrorism, surveillance procedures, and improved intelligence, respectively. On March 10, 2004, there was a debate between President Bush and White House Counsel Alberto Gonzales, Attorney General John Ashcroft, and Acting Attorney General James Comey. The Attorney Generals were unsure if the NSA’s programs could be considered constitutional. They threatened to resign over the matter, but ultimately the NSA’s programs continued.[217] On March 11, 2004, President Bush signed a new authorization for mass surveillance of Internet records, in addition to the surveillance of phone records.This allowed the president to be able to override laws such as the Foreign Intelligence Surveillance Act, which protected civilians from mass surveillance. In addition to this, President Bush also signed that the measures of mass surveillance were also retroactively in place.[218]
One such surveillance program, authorized by the U.S. Signals Intelligence Directive 18 of President George Bush, was the Highlander Project undertaken for the National Security Agency by the U.S. Army 513th Military Intelligence Brigade. NSA relayed telephone (including cell phone) conversations obtained from ground, airborne, and satellite monitoring stations to various U.S. Army Signal Intelligence Officers, including the 201st Military Intelligence Battalion. Conversations of citizens of the U.S. were intercepted, along with those of other nations.[220]
Proponents of the surveillance program claim that the President has executive authority to order such action, arguing that laws such as FISA are overridden by the President’s Constitutional powers. In addition, some argued that FISA was implicitly overridden by a subsequent statute, the Authorization for Use of Military Force, although the Supreme Court’s ruling in Hamdan v. Rumsfeld deprecates this view. In the August 2006 case ACLU v. NSA, U.S. District Court Judge Anna Diggs Taylor concluded that NSA’s warrantless surveillance program was both illegal and unconstitutional. On July 6, 2007 the 6th Circuit Court of Appeals vacated the decision on the grounds that the ACLU lacked standing to bring the suit.[221]
On January 17, 2006, the Center for Constitutional Rights filed a lawsuit, CCR v. Bush, against the George W. Bush Presidency. The lawsuit challenged the National Security Agency’s (NSA’s) surveillance of people within the U.S., including the interception of CCR emails without securing a warrant first.[222][223]
As a result of the USA Freedom Act passed by Congress in June 2015, the NSA had to shut down its bulk phone surveillance program on November 29 of the same year. The USA Freedom Act forbids the NSA to collect metadata and content of phone calls unless it has a warrant for terrorism investigation. In that case the agency has to ask the telecom companies for the record, which will only be kept for six months.
In May 2006, Mark Klein, a former AT&T employee, alleged that his company had cooperated with NSA in installing Narus hardware to replace the FBI Carnivore program, to monitor network communications including traffic between American citizens.[227]
Data mining
NSA was reported in 2008 to use its computing capability to analyze “transactional” data that it regularly acquires from other government agencies, which gather it under their own jurisdictional authorities. As part of this effort, NSA now monitors huge volumes of records of domestic email data, web addresses from Internet searches, bank transfers, credit-card transactions, travel records, and telephone data, according to current and former intelligence officials interviewed by The Wall Street Journal. The sender, recipient, and subject line of emails can be included, but the content of the messages or of phone calls are not.[228]
A 2013 advisory group for the Obama administration, seeking to reform NSA spying programs following the revelations of documents released by Edward J. Snowden.[229] mentioned in ‘Recommendation 30’ on page 37, “…that the National Security Council staff should manage an interagency process to review on a regular basis the activities of the US Government regarding attacks that exploit a previously unknown vulnerability in a computer application.” Retired cyber security expert Richard A. Clarke was a group member and stated on April 11 that NSA had no advance knowledge of Heartbleed.[230]
In August 2013 it was revealed that a 2005 IRS training document showed that NSA intelligence intercepts and wiretaps, both foreign and domestic, were being supplied to the Drug Enforcement Administration (DEA) and Internal Revenue Service (IRS) and were illegally used to launch criminal investigations of US citizens. Law enforcement agents were directed to conceal how the investigations began and recreate an apparently legal investigative trail by re-obtaining the same evidence by other means.[231][232]
Barack Obama administration
In the months leading to April 2009, the NSA intercepted the communications of American citizens, including a Congressman, although the Justice Department believed that the interception was unintentional. The Justice Department then took action to correct the issues and bring the program into compliance with existing laws.[233] United States Attorney General Eric Holder resumed the program according to his understanding of the Foreign Intelligence Surveillance Act amendment of 2008, without explaining what had occurred.[234]
Polls conducted in June 2013 found divided results among Americans regarding NSA’s secret data collection.[235]Rasmussen Reports found that 59% of Americans disapprove,[236]Gallup found that 53% disapprove,[237] and Pew found that 56% are in favor of NSA data collection.[238]
Section 215 metadata collection
On April 25, 2013, the NSA obtained a court order requiring Verizon‘s Business Network Services to provide metadata on all calls in its system to the NSA “on an ongoing daily basis” for a three-month period, as reported by The Guardian on June 6, 2013. This information includes “the numbers of both parties on a call … location data, call duration, unique identifiers, and the time and duration of all calls” but not “[t]he contents of the conversation itself”. The order relies on the so-called “business records” provision of the Patriot Act.[239][240]
In August 2013, following the Snowden leaks, new details about the NSA’s data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at “selected communications links” and automatically analyzed for keywords or other “selectors”. Emails that do not match are deleted.[241]
The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet like system to be ineffective. One such report, released by the New America Foundation concluded that after an analysis of 225 terrorism cases, the NSA “had no discernible impact on preventing acts of terrorism.”[242]
Defenders of the program say that while metadata alone can’t provide all the information necessary to prevent an attack, it assures the ability to “connect the dots”[243] between suspect foreign numbers and domestic numbers with a speed only the NSA’s software is capable of. One benefit of this is quickly being able to determine the difference between suspicious activity and real threats.[citation needed] As an example, NSA director General Keith Alexander mentioned at the annual Cybersecurity Summit in 2013, that metadata analysis of domestic phone call records after the Boston Marathon bombing helped determine that[clarification needed] another attack in New York was baseless.[243]
In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. As of 2015, the collection process remains legal and grounded in the ruling from Smith v. Maryland (1979). A prominent opponent of the data collection and its legality is U.S. District Judge Richard J. Leon, who issued a report in 2013[244] in which he stated: “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval…Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment”.
Under the PRISM program, which started in 2007,[245][246] NSA gathers Internet communications from foreign targets from nine major U.S. Internet-based communication service providers: Microsoft,[247]Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple. Data gathered include email, video and voice chat, videos, photos, VoIP chats such as Skype, and file transfers.
In June 2015, Wikileaks published documents, which showed that NSA spied on French companies.[248]
July 2015 – WikiLeaks: Espionage against German federal ministries[edit]
In July 2015, WikiLeaks published documents, which showed that NSA spied on federal German ministries since 1990s.[249][250] Even Germany’s Chancellor Angela Merkel‘s cellphones and phone of her predecessors had been intercepted.[251]
Claims of prevented terrorist attacks
Former NSA director General Keith Alexander claimed that in September 2009 the NSA prevented Najibullah Zazi and his friends from carrying out a terrorist attack.[252] However, this claim has been debunked and no evidence has been presented demonstrating that the NSA has ever been instrumental in preventing a terrorist attack.[253][254][255][256]
Besides the more traditional ways of eavesdropping in order to collect signals intelligence, NSA is also engaged in hacking computers, smartphones and their networks. These operations are conducted by the Tailored Access Operations (TAO) division.
NSA’s China hacking group
According to the Foreign Policy magazine, “… the Office of Tailored Access Operations, or TAO, has successfully penetrated Chinese computer and telecommunications systems for almost 15 years, generating some of the best and most reliable intelligence information about what is going on inside the People’s Republic of China.”[257][258]
Syrian internet blackout
In an interview with Wired magazine, Edward Snowden said the Tailored Access Operations division accidentally caused Syria‘s internet blackout in 2012.[259]
Suspected responsibility for hacking operations by the Equation Group[edit]
The espionage group named the Equation Group, described by discoverers Kaspersky Labs as one of the most advanced (if not the most advanced) in the world as of 2015,[260]:31 and connected to over 500 malware infections in at least 42 countries over many years, is suspected of being a part of NSA.[261][262] The group’s known espionage methods have been documented to include interdiction (interception of legitimate CDs sent by a scientific conference organizer by mail),[260]:15 and the “unprecedented” ability to infect and be transmitted through the hard drivefirmware of several of the major hard drive manufacturers, and create and use hidden disk areas and virtual disk systems for its purposes, a feat demanding access to the manufacturer’s source code of each to achieve.[260]:16–18 The methods used to deploy the tools demonstrated “surgical precision”, going so far as to exclude specific countries by IP and allow targeting of specific usernames on discussion forums.[260]:23–26 The techniques and knowledge used by the Equation Group are considered in summary to be “out of the reach of most advanced threat groups in the world except [this group].[260]:31
When my oldest son [Linus Torvalds] was asked the same question: “Has he been approached by the NSA about backdoors?” he said “No”, but at the same time he nodded. Then he was sort of in the legal free. He had given the right answer, [but] everybody understood that the NSA had approached him.
— Nils Torvalds, LIBE Committee Inquiry on Electronic Mass Surveillance of EU Citizens – 11th Hearing, 11 November 2013[265]
IBM Notes was the first widely adopted software product to use public key cryptography for client–server and server–server authentication and for encryption of data. Until US laws regulating encryption were changed in 2000, IBM and Lotus were prohibited from exporting versions of Notes that supported symmetric encryption keys that were longer than 40 bits. In 1997, Lotus negotiated an agreement with the NSA that allowed export of a version that supported stronger keys with 64 bits, but 24 of the bits were encrypted with a special key and included in the message to provide a “workload reduction factor” for the NSA. This strengthened the protection for users of Notes outside the US against private-sector industrial espionage, but not against spying by the US government.[266][267]
Boomerang routing
While it is assumed that foreign transmissions terminating in the U.S. (such as a non-U.S. citizen accessing a U.S. website) subject non-U.S. citizens to NSA surveillance, recent research into boomerang routing has raised new concerns about the NSA’s ability to surveil the domestic Internet traffic of foreign countries.[18] Boomerang routing occurs when an Internet transmission that originates and terminates in a single country transits another. Research at the University of Toronto has suggested that approximately 25% of Canadian domestic traffic may be subject to NSA surveillance activities as a result of the boomerang routing of Canadian Internet service providers.[18]
Hardware implanting
Intercepted packages are opened carefully by NSA employees
A “load station” implanting a beacon
A document included in NSA files released with Glenn Greenwald‘s book No Place to Hide details how the agency’s Tailored Access Operations (TAO) and other NSA units gain access to hardware. They intercept routers, servers and other network hardware being shipped to organizations targeted for surveillance and install covert implant firmware onto them before they are delivered. This was described by an NSA manager as “some of the most productive operations in TAO because they preposition access points into hard target networks around the world.”[268]
Computers seized by the NSA due to interdiction are often modified with a physical device known as Cottonmouth.[269]Cottonmouth is a device that can be inserted in the USB port of a computer in order to establish remote access to the targeted machine. According to NSA’s Tailored Access Operations (TAO) group implant catalog, after implanting Cottonmouth, the NSA can establish Bridging (networking) “that allows the NSA to load exploit software onto modified computers as well as allowing the NSA to relay commands and data between hardware and software implants.”[270]
Role in scientific research and development[
NSA has been involved in debates about public policy, both indirectly as a behind-the-scenes adviser to other departments, and directly during and after Vice Admiral Bobby Ray Inman‘s directorship. NSA was a major player in the debates of the 1990s regarding the export of cryptography in the United States. Restrictions on export were reduced but not eliminated in 1996.
Its secure government communications work has involved the NSA in numerous technology areas, including the design of specialized communications hardware and software, production of dedicated semiconductors (at the Ft. Meade chip fabrication plant), and advanced cryptography research. For 50 years, NSA designed and built most of its computer equipment in-house, but from the 1990s until about 2003 (when the U.S. Congress curtailed the practice), the agency contracted with the private sector in the fields of research and equipment.[271]
NSA was embroiled in some minor controversy concerning its involvement in the creation of the Data Encryption Standard (DES), a standard and public block cipheralgorithm used by the U.S. government and banking community. During the development of DES by IBM in the 1970s, NSA recommended changes to some details of the design. There was suspicion that these changes had weakened the algorithm sufficiently to enable the agency to eavesdrop if required, including speculation that a critical component—the so-called S-boxes—had been altered to insert a “backdoor” and that the reduction in key length might have made it feasible for NSA to discover DES keys using massive computing power. It has since been observed that the S-boxes in DES are particularly resilient against differential cryptanalysis, a technique which was not publicly discovered until the late 1980s, but which was known to the IBM DES team.
The United States Senate Select Committee on Intelligence reviewed NSA’s involvement, and concluded that while the agency had provided some assistance, it had not tampered with the design.[272][273] In late 2009 NSA declassified information stating that “NSA worked closely with IBM to strengthen the algorithm against all except brute force attacks and to strengthen substitution tables, called S-boxes. Conversely, NSA tried to convince IBM to reduce the length of the key from 64 to 48 bits. Ultimately they compromised on a 56-bit key.”[274][275]
The involvement of NSA in the selection of a successor to Data Encryption Standard (DES), the Advanced Encryption Standard (AES), was limited to hardware performance testing (see AES competition).[276] NSA has subsequently certified AES for protection of classified information (for at most two levels, e.g. SECRET information in an unclassified environment[clarification needed]) when used in NSA-approved systems.[277]
The NSA has specified Suite A and Suite B cryptographic algorithm suites to be used in U.S. government systems; the Suite B algorithms are a subset of those previously specified by NIST and are expected to serve for most information protection purposes, while the Suite A algorithms are secret and are intended for especially high levels of protection.[277]
SHA
The widely used SHA-1 and SHA-2 hash functions were designed by NSA. SHA-1 is a slight modification of the weaker SHA-0 algorithm, also designed by NSA in 1993. This small modification was suggested by NSA two years later, with no justification other than the fact that it provides additional security. An attack for SHA-0 that does not apply to the revised algorithm was indeed found between 1998 and 2005 by academic cryptographers. Because of weaknesses and key length restrictions in SHA-1, NIST deprecates its use for digital signatures, and approves only the newer SHA-2 algorithms for such applications from 2013 on.[287]
A new hash standard, SHA-3, has recently been selected through the competition concluded October 2, 2012 with the selection of Keccak as the algorithm. The process to select SHA-3 was similar to the one held in choosing the AES, but some doubts have been cast over it,[288][289] since fundamental modifications have been made to Keccak in order to turn it into a standard.[290] These changes potentially undermine the cryptanalysis performed during the competition and reduce the security levels of the algorithm.[288]
NSA promoted the inclusion of a random number generator called Dual_EC_DRBG in the U.S. National Institute of Standards and Technology‘s 2007 guidelines. This led to speculation of a backdoor which would allow NSA access to data encrypted by systems using that pseudo random number generator.[291]
This is now deemed to be plausible based on the fact that the output of the next iterations of the PRNG can provably be determined if the relation between two internal elliptic curve points is known.[292][293] Both NIST and RSA are now officially recommending against the use of this PRNG.[294][295]
Because of concerns that widespread use of strong cryptography would hamper government use of wiretaps, NSA proposed the concept of key escrow in 1993 and introduced the Clipper chip that would offer stronger protection than DES but would allow access to encrypted data by authorized law enforcement officials.[296] The proposal was strongly opposed and key escrow requirements ultimately went nowhere.[297] However, NSA’s Fortezza hardware-based encryption cards, created for the Clipper project, are still used within government, and NSA ultimately declassified and published the design of the Skipjack cipher used on the cards.[298][299]
Perfect Citizen is a program to perform vulnerability assessment by the NSA on U.S. critical infrastructure.[300][301] It was originally reported to be a program to develop a system of sensors to detect cyber attacks on critical infrastructure computer networks in both the private and public sector through a network monitoring system named Einstein.[302][303] It is funded by the Comprehensive National Cybersecurity Initiative and thus far Raytheon has received a contract for up to $100 million for the initial stage.
Academic research
NSA has invested many millions of dollars in academic research under grant code prefix MDA904, resulting in over 3,000 papers (as of 2007-10-11). NSA/CSS has, at times, attempted to restrict the publication of academic research into cryptography; for example, the Khufu and Khafre block ciphers were voluntarily withheld in response to an NSA request to do so. In response to a FOIA lawsuit, in 2013 the NSA released the 643-page research paper titled, “Untangling the Web: A Guide to Internet Research,[304] ” written and compiled by NSA employees to assist other NSA workers in searching for information of interest to the agency on the public Internet.[305]
Patents
NSA has the ability to file for a patent from the U.S. Patent and Trademark Office under gag order. Unlike normal patents, these are not revealed to the public and do not expire. However, if the Patent Office receives an application for an identical patent from a third party, they will reveal NSA’s patent and officially grant it to NSA for the full term on that date.[306]
One of NSA’s published patents describes a method of geographically locating an individual computer site in an Internet-like network, based on the latency of multiple network connections.[307] Although no public patent exists, NSA is reported to have used a similar locating technology called trilateralization that allows real-time tracking of an individual’s location, including altitude from ground level, using data obtained from cellphone towers.[308]
Excerpt of James Clapper‘s false testimony to Congress on NSA surveillance programs
In the United States, at least since 2001,[309] there has been legal controversy over what signal intelligence can be used for and how much freedom the National Security Agency has to use signal intelligence.[310] The government has made, in 2015, slight changes in how it uses and collects certain types of data,[311] specifically phone records. President Barack Obama has asked lawyers and his national security team to look at the tactics that are being used by the NSA. President Obama made a speech on January 17, 2014 where he defended the national security measures, including the NSA, and their intentions for keeping the country safe through surveillance. He said that it is difficult to determine where the line should be drawn between what is too much surveillance and how much is needed for national security because technology is ever changing and evolving. Therefore, the laws cannot keep up with the rapid advancements.
President Obama did make some changes to national security regulations and how much data can be collected and surveyed.[citation needed] The first thing he added, was more presidential directive and oversight so that privacy and basic rights are not violated. The president would look over requests on behalf of American citizens to make sure that their personal privacy is not violated by the data that is being requested. Secondly, surveillance tactics and procedures are becoming more public, including over 40 rulings of the FISC that have been declassified.[citation needed] Thirdly, further protections are being placed on activities that are justified under Section 702, such as the ability to retain, search and use data collected in investigations, which allows the NSA to monitor and intercept interaction of targets overseas. Finally, national security letters, which are secret requests for information that the FBI uses in their investigations, are becoming less secretive. The secrecy of the information requested will not be indefinite and will terminate after a set time if future secrecy is not required.[citation needed] Concerning the bulk surveillance of American’s phone records, President Obama also ordered a transition from bulk surveillance under Section 215 to a new policy that will eliminate unnecessary bulk collection of metadata.
As of May 7, 2015, the U.S. Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans’ phone records in bulk is illegal.[312] It stated that Section 215 cannot be clearly interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling “is the first time a higher-level court in the regular judicial system has reviewed the N.S.A. phone records program.” [313] The new bill getting passed later in May taking its place is known as the U.S.A. Freedom Act, which will enable the NSA to continue hunting for terrorists by analyzing telephone links between callers but “keep the bulk phone records in the hands of phone companies.”[313] This would give phone companies the freedom to dispose the records in an 18-month period. The White House argued that this new ruling validated President Obama’s support of the government being extracted from bulk data collection and giving power to the telecommunications companies.
Previously, the NSA paid billions of dollars to telecommunications companies in order to collect data from them.[314] While companies such as Google and Yahoo! claim that they do not provide “direct access” from their servers to the NSA unless under a court order,[315] the NSA had access to emails, phone calls and cellular data users.[316] With this new ruling, telecommunications companies would not provide the NSA with bulk information. The companies would allow the disposal of data in every 18 months,[313] which is arguably putting the telecommunications companies at a higher advantage.
This ruling made the collecting of phone records illegal, but it did not rule on Section 215’s constitutionality. Senate Majority Leader Mitch McConnell has already put forth a new bill to re-authorize the Patriot Act.[317] Defenders of this surveillance program are claiming that judges who sit on the Foreign Intelligence Surveillance Court (FISC) had ruled 37 times that this kind of collection of data is, in fact, lawful.[317] The FISC is the court specifically mandated to grant surveillance orders in the name of foreign intelligence. The new ruling made by the Second District Court of Appeals now retroactively dismisses the findings of the FISC on this program.
Story 1: House Select Committee investigating Benghazi — The Unintended Consequences Of President Obama’s Undeclared War on Libya and Central Intelligence Agency Covert Operations in Libya and Syria — Congress Did Nothing To Stop An Imperial President — The Lying and Blame Game On Display — “Disgusting and Reprehensible” — Videos
Background Information
Obama and Hillary Blame Youtube Video for Benghazi Terrorist Attack as Coffins Arrive
Our Fallen Heroes
Published on Sep 15, 2012
President Obama speaks about the tragic loss of four of our fellow Americans who were serving in our diplomatic post in Benghazi, Libya. These Americans represented the best of our country; without people like them, we could not sustain our freedoms or security, or provide the leadership that the entire world depends on. During this time of turmoil in many different countries, the President makes it clear that the United States has a profound respect for people of all faiths, but as Commander in Chief, he will never tolerate efforts to harm our fellow Americans and will ensure that those who attack our people find no escape from justice.
Obama and Press Secretary Carney Blame a Video for the Benghazi Attack
YouTube Video Maker Blamed for Benghazi Attacks Breaks Silence on CNN
White House Covers Up Benghazi Terrorist Attack
13 hours in Benghazi FULL VERSION INTERVIEW 5 parts combined.
ABC News’ Jon Karl hammers Jay Carney over New bombshell Benghazi emails
Benghazi Whistleblower Embarrassed by Obama Admin Placing Blame on a YouTube Video
Benghazi Gate – Rand Paul and Hillary Clinton – Question & Answer
Email Reveals Obama Advisor Urged Susan Rice to Blame Video for Benghazi
Exclusive: Docs Show Weapons Going From Benghazi To Syria – Benghazi Gate – Happening Now
Breaking: Hillary Clinton Knew About Libyan Arms Shipments to Syria in 2011
Secretary of State Hillary Clinton knew that the US was sending arms from Libya to Syria back in 2011. She denied this during public testimony (under oath) in early 2013 after the Benghazi terrorist attack.
Melvin Goodman on why CIA Director Brennan is dangerous
The show is going to be about the response to CIA director Brennan’s press conference two weeks ago and then an appearance at the Council on Foreign Relations last week, an on the record interview with Charlie Rose in New York about his plans to restructure the CIA to try to bring a more integrity to intelligence and make it less politicized. We are going to hear from today Melvin Goodman. Goodman is a senior fellow at the Center for International Policy and a professor of government at Johns Hopkins University. He is he is a former CIA analyst. Melvin Goodman is the author of Failure of Intelligence: the Decline and Fall of the CIA and the forthcoming book On the Path to Dissent: A Whistleblower at the CIA. Goodman is the national security columnist for Counterpunch, and he said of CIA director ‘s plan to restructure the CIA and I quote “Simply, it takes the CIA further from Truman’s concept and closer to the ability to politicize intelligence. Operations are part of the policy world and not the intelligence world. The Centers have made it too easy to provide the intelligence that the ‘masters’ desire, whether they are the masters on CIA’s 7th floor or the policy masters. Brennan’s world was the Center for Counterintelligence and Counterterrorism, and many of the intelligence errors and operational errors of the past 15 years have emanated from those centers. Organizationally, it makes no sense — what are the directorates of operations and analysis — they sound as if they are HR experts.”
CNN Benghazi Claims: Report alleges CIA operatives in Libya were sending weapons to Syrian rebels
Retired Lt. Gen. Jerry Boykin suspects US Was Running Guns To Syrian Rebels Via Benghazi
Clinton Donors Got Weapons Deals From Hillary
Even by the standards of arms deals between the United States and Saudi Arabia, this one was enormous. A consortium of American defense contractors led by Boeing would deliver $29 billion worth of advanced fighter jets to the United States’ oil-rich ally in the Middle East…E
Why is Benghazi still a big issue for Hillary Clinton? BBC News
General Petraeus Testifies Before Congress For The First Time Since Resigning As Director Of CIA
Select Committee on Benghazi Holds First Hearing
Former CIA Director and General David Petraeus (Ret.) testified at a hearing on U.S. policy toward the Middle East and combating ISIS* in the region. He talked about his support for military enclaves in Syria and for greater military action against Syrian President Bashar al-Assad and ISIS. He also gave his assessment of the Russian military build-up in Syria and of the Iran nuclear agreement.
At the beginning of his testimony, General Petraeus apologized for what what he called his “serious mistake” of sharing classified information with his biographer, with whom he also had an extramarital affair.
Select Committee on Benghazi Holds Second Hearing
Select Committee on Benghazi Holds Third Hearing
Rep. Gowdy: Either Petraeus Will Come Before Congressional Committee Or He Will Be Subpoenaed
Rep. Trey Gowdy addresses Former Secretary of State Hillary Clinton during his opening statement at a hearing Thursday by the House Select Committee on Benghazi. trey gowdy elivers opening statement of benghazi committee hearing with hillary clinton. trey gowdy says ‘We are going to find the #Truth because there is no expiration of it.’ Chairman Trey Gowdy opens #Benghazi hearing: ‘Previous investigations were not thorough. Trey Gowdy to Clinton: Trey Gowdy addressed former Secretary of State Hillary Clinton personally at a high-stakes hearing on Thursday, telling the Democratic presidential candidate that the panel’s investigation is not about her. “Madame Secretary, I understand some people — frankly in both parties — have suggested this investigation is about you,” Gowdy said. “Let me assure you it is not. And let me assure you why it is not. This work is about something much more important than any single person. It is about four U.S. government workers, including our Ambassador, murdered by terrorists on foreign soil. It is about what happened before, during, and after the attacks that killed these four men.” He continued: “It is about what this country owes those who risk their lives to serve it. It is about the fundamental obligation of our government to tell the truth — always — to the American people. Not a single member of this Committee signed up for an investigation into you or your email system. We signed up because we wanted to honor the service and sacrifice of four people sent to a foreign land to represent us – who were killed – and do everything we can to prevent it from happening to others.” Gowdy also presented several key questions he would be asking in his opening statement: Why were there so many requests for more security personnel and equipment, and why were those requests denied in Washington? Why did the State Department compound in Benghazi not even come close to meeting proper security specifications? What policies were we pursuing in Libya that required a physical presence in spite of the escalating violence? Who in Washington was aware of the escalating violence in Libya? What special precautions, if any, were taken on the anniversary of 9-11? What happened in Washington after the first attack and what was the response to that attack? What did the military do or not do? What did our leaders in Washington do or not do and when? Why was the American public given such divergent accounts of what caused these attacks? And why is it so hard to get information from the very government these four men were representing and serving and sacrificing for?
Benghazi panel chair: Investigation not about Hillary Clinton
South Carolina Rep. Trey Gowdy, the chairman of the House Select Committee investigating Benghazi, tells Hillary Clinton in his opening statement that the probe is not singularly focused on the former secretary of state.
Hillary Clinton gave her opening statement to the House Select Committee investigating the 2012 attacks at the U.S. Embassy in Benghazi, Libya.
Benghazi Hearing Committee Chairman on Hillary Clinton’s Emails | The New York Times
Trey Gowdy questions Hillary Clinton (Part 1)
Trey Gowdy questions Hillary Clinton (Part 2)
Clinton to panel: 3 things we learned from Benghazi
Trey Gowdy GRILLS Hillary Clinton Benghazi Committee Hearing
Trey Gowdy GRILLS Hillary Clinton during the Benghazi Committee Hearing. trey gowdy went off on hillary clinton about blumenthal and more. watch the explosive exchange. Hillary Clinton coolly hit back at her Republican interrogators on the Benghazi committee during her long-awaited testimony on Thursday, rebuffing claims she was detached as the situation in Libya deteriorated and asserting she did not use email to conduct the “vast majority” of her work as secretary of state.
The Democratic front-runner told the House Selection Committee on Benghazi, which is 18 months into its probe of the 2012 attacks on the consulate in Libya, that the tragedy does not deserve partisan attacks, while insisting the U.S. needs to stay committed to diplomatic engagement.
“Despite all the previous investigations and all the talk about partisan agendas, I’m here to honor those we lost and to do what I can to aid those who serve us still,” Clinton said, speaking slowly and deliberately during her opening statement. “My challenge to you, members of this committee, is the same challenge I put to myself…. Let’s be worthy of the trust the American people bestow on us… they expect us to rise above partisanship. And I hopes it’s what we’ll strive for today and in the future.”
Republicans questioned Clinton about why numerous requests for additional security never made it Clinton’s attention. She said they went to the right place: to personnel who handled security. And when they pressed her on why she kept the compound open or did not give it additional, she retorted that she never received a recommendation to shut down the mission—even after two attacks on the compound.
The hearing kicked off on Thursday with the partisan sniping that has been the hallmark of the committee’s work, with House Benghazi Committee Chairman Trey Gowdy defended his investigation, assuring Clinton that his probe is not centered on her.
Hour_2_151022_hillary_clinton_2_gty_1160.jpg
WATCH LIVE: Hillary Clinton testifies before Benghazi Committee
“Madame Secretary, I understand some people — frankly in both parties — have suggested this investigation is about you. Let me assure you it is not,” Gowdy said in his opening statement, adding that it was about the people who were killed.
He also blamed her in part for the fact that the inquiry has dragged on for a year and a half.
The State Department only realized it did not have Clinton’s emails after they requested documents, triggering a lengthy process by which the department had to ask her and her top aides who also sometimes used private email for work purposes to turn them over.
“You had an unusual email arrangement with yourself, which meant the State Department could not produce your emails to us,” Gowdy said. “When you left the State Department you kept those public records to yourself for almost two years….Those decisions were your decisions, not ours… It just took longer to get them and garnered more attention in the process.
Ranking Democrat Elijah Cummings (D-Md.) blasted the committee as a partisan witch-hunt out to get Clinton, saying Republicans formed the panel because they “did not like the answers they got” in previous probe—“so they set up this select committee with no rules, no deadlines and a unlimited budget.”
“They set the noose because you’re running for president,” Cummings said, raising his voice before calling for the panel to disband. “It is time for Republicans to end this …fishing expedition.”
It only took Cummings a few minutes to highlight a number of embarrassing moments for Gowdy in recent weeks, including comments by Majority Leader Kevin McCarthy (R-Calif.), Rep. Richard Hanna (R-N.Y) and a fired GOP Benghazi investigator who all suggested the panel was either out to hurt Clinton or increasingly focused on investigating her.
REP. Martha Roby vs Hillary Clinton at House Select Committee on Benghazi 10/22/15
Rep Jim Jordan Goes After Hillary ‘Where’d the False Narrative Start It Started With You’
REP Trey Gowdy vs Hillary Clinton Round 2 at House Select Committee on Benghazi 102215
Benghazi Select – Gowdy: this is an investigation, not a prosecution
Bickering among Benghazi panel as Clinton looks on silently
Fireworks erupt between Clinton, Republicans at Benghazi hearing
More Background Information
Weekly Address: Carrying on the Work of
America’s intelligence community, explained
THE RECRUIT – Spy School: Inside the CIA Training Program, 1 of 2
THE RECRUIT – Spy School: Inside the CIA Training Program, 2 of 2
Special Activities Division
Published on Aug 15, 2014
The Special Activities Division (SAD) is a division in the United States Central Intelligence Agency’s (CIA) National Clandestine Service (NCS) responsible for covert operations known as “special activities”. Within SAD there are two separate groups, SAD/SOG for tactical paramilitary operations and SAD/PAG for covert political action.
Special Operations Group (SOG) is the department within SAD responsible for operations that include the collection of intelligence in hostile countries and regions, and all high threat military or intelligence operations with which the U.S. government does not wish to be overtly associated. As such, members of the unit (called Paramilitary Operations Officers and Specialized Skills Officers) normally do not carry any objects or clothing (e.g., military uniforms) that would associate them with the United States government. If they are compromised during a mission, the government of the United States may deny all knowledge.
Inside America’s New Covert Wars: Navy SEALs, Delta Force, Blackwater, Security Contractors (2013)
The Daring Early Years of the CIA: Covert Ops from WW2 to Vietnam (1995)
How has the CIA been used as a secret Military force? William Blum • BRAVE NEW FILMS
The CIA began as a spy agency after World War Two, but soon the CIA was planning and executing covert operations across the globe without proper congressional oversight. From the removal of the democratically elected leaders of Iran and Guatemala to the attempted invasion of Cuba, to the removal of every secular government in the Middle East, the influence of the agency is insidious. But how can a democratic society tolerate such a secret and lethal institution that works against the very values America seeks to uphold around the world?
CIA Covert Operations in Africa: How Does the U.S. Government Make Decisions?
According to the Department of Defense Dictionary of Military and Associated Terms, a covert operation (also as CoveOps or covert ops) is “an operation that is so planned and executed as to conceal the identity of or permit plausible denial by the sponsor.” It is intended to create a political effect which can have implications in the military, intelligence or law enforcement arenas. Covert operations aim to fulfill their mission objectives without any parties knowing who sponsored or carried out the operation. It is normally financed by government revenues but in this age of super-empowered individuals and corporations they could become a common tool of power beyond traditional war and diplomacy.
Under United States law, the Central Intelligence Agency (CIA) must lead covert operations unless the president finds that another agency should do so and properly informs the congress. Normally, the CIA is the US Government agency legally allowed to carry out covert action. The CIA’s authority to conduct covert action comes from the National Security Act of 1947. President Ronald Reagan issued Executive Order 12333 titled in 1984. This order defined covert action as “special activities”, both political and military, that the US Government could legally deny. The CIA was also designated as the sole authority under the 1991 Intelligence Authorization Act and in Title 50 of the United States Code Section 413(e). The CIA must have a “Presidential Finding” issued by the President of the United States in order to conduct these activities under the Hughes-Ryan amendment to the 1991 Intelligence Authorization Act. These findings are then monitored by the oversight committees in both the US Senate and the House of Representatives. As a result of this framework, the CIA “receives more oversight from the Congress than any other agency in the federal government”. The Special Activities Division (SAD) is a division of the CIA’s National Clandestine Service, responsible for Covert Action and “Special Activities”. These special activities include covert political influence and paramilitary operations. The division is overseen by the United States Secretary of State.
Special Activities Division – Special Operations Group | SAD SOG
Published on Jun 30, 2015
The Special Activities Division (SAD) is a division in the United States Central Intelligence Agency’s (CIA) National Clandestine Service responsible for covert operations known as “special activities”. Within SAD there are two separate groups, SAD/SOG for tactical paramilitary operations and SAD/PAG for covert political action. The Special Activities Division reports directly to the Deputy Director of the National Clandestine Service.
Special Operations Group (SOG) is the department within SAD responsible for operations that include the collection of intelligence in hostile countries and regions, and all high threat military or intelligence operations with which the U.S. government does not wish to be overtly associated. As such, members of the unit (called Paramilitary Operations Officers and Specialized Skills Officers) normally do not carry any objects or clothing (e.g., military uniforms) that would associate them with the United States government. If they are compromised during a mission, the United States government may deny all knowledge.
SOG is generally considered the most secretive special operations force in the United States. The group selects operatives from other tier one special mission units such as Delta Force, DEVGRU and ISA, as well as other United States special operations forces, such as USNSWC, MARSOC, Special Forces, SEALs and 24th STS.
SOG Paramilitary Operations Officers account for a majority of Distinguished Intelligence Cross and Intelligence Star recipients during any given conflict or incident which elicits CIA involvement. An award bestowing either of these citations represents the highest honors awarded within the CIA organization in recognition of distinguished valor and excellence in the line of duty. SAD/SOG operatives also account for the majority of the names displayed on the Memorial Wall at CIA headquarters indicating that the agent died while on active duty.
REVEALED: If This Is True, Benghazi Is Even Worse Than We Ever Thought
Insiders Come Forward, Proof of Benghazi Stand Down Order, It was Obama
Obama Lies About Libya – Imperial Presidency
Media Silent About Obama’s Undeclared Wars
Did the Military Intervention in Libya Succeed? (Benjamin Friedman)
Drones are Obama’s weapon of choice for waging illegal and undeclared wars
Special Operations Group (SOG) is the department within SAD responsible for operations that include the collection ofintelligence in hostile countries and regions, and all high threat military or intelligence operations with which the U.S. government does not wish to be overtly associated.[2] As such, members of the unit (called Paramilitary Operations Officers and Specialized Skills Officers) normally do not carry any objects or clothing (e.g., military uniforms) that would associate them with the United States government.[3] If they are compromised during a mission, the United States government maydeny all knowledge.[4]
SOG Paramilitary Operations Officers account for a majority of Distinguished Intelligence Cross and Intelligence Star recipients during any given conflict or incident which elicits CIA involvement. An award bestowing either of these citations represents the highest honors awarded within the CIA organization in recognition of distinguished valor and excellence in the line of duty. SAD/SOG operatives also account for the majority of the names displayed on the Memorial Wall at CIA headquarters indicating that the agent died while on active duty.[5]
Political Action Group (PAG) is responsible for covert activities related to political influence, psychological operations and economic warfare. The rapid development of technology has added cyberwarfare to their mission. Tactical units within SAD are also capable of carrying out covert political action while deployed in hostile and austere environments. A large covert operation usually has components that involve many, or all, of these categories, as well as paramilitary operations. Political and Influence covert operations are used to support U.S. foreign policy. Often overt support for one element of an insurgency would be counter-productive due to the impression it would have on the local population. In such cases, covert assistance allows the U.S. to assist without damaging these elements in the process. Many of the other activities (such as propaganda, economic and cyber) support the overall political effort. There have been issues in the past with attempts to influence the US media such as in Operation Mockingbird. However, these activities are now subject to the same oversight as all covert action operations.[6]
SAD provides the President of the United States with an option when overt military and/or diplomatic actions are not viable or politically feasible. SAD can be directly tasked by the President of the United States or the National Security Council at the President’s direction. This is unlike any other U.S. special mission force. However, SAD/SOG has far fewer members than most of the other special missions units, such as the U.S. Army’s 1st Special Forces Operational Detachment-Delta (Delta Force) or Naval Special Warfare Development Group (DEVGRU).[7][8][9]
As the action arm of the DO, SAD/SOG conducts direct action missions such as raids, ambushes, sabotage, targeted killings[10][11][12] and unconventional warfare(e.g., training and leading guerrilla and military units of other countries in combat). SAD/SOG also conducts special reconnaissance, that can be either military orintelligence driven, but is carried out by Paramilitary Officers (also called Paramilitary Operatives) when in “non-permissive environments“. Paramilitary Operations Officers are also fully trained case officers (i.e., “spies”) and as such conduct clandestine human intelligence (HUMINT) operations throughout the world.[13]SAD/SOG officers are selected from the most elite U.S. military units.[9]
The political action group within SAD conducts the deniable psychological operations, also known as black propaganda, as well as “Covert Influence” to effect political change as an important part of any Administration’s foreign policy.[1] Covert intervention in a foreign election is the most significant form of political action. This could involve financial support for favored candidates, media guidance, technical support for public relations, get-out-the-vote or political organizing efforts, legal expertise, advertising campaigns, assistance with poll-watching, and other means of direct action. Policy decisions could be influenced by assets, such as subversion of officials of the country, to make decisions in their official capacity that are in the furtherance of U.S. policy aims. In addition, mechanisms for forming and developing opinions involve the covert use of propaganda.[14]
Propaganda includes leaflets, newspapers, magazines, books, radio, and television, all of which are geared to convey the U.S. message appropriate to the region. These techniques have expanded to cover the internet as well. They may employ officers to work as journalists, recruit agents of influence, operate media platforms, plant certain stories or information in places it is hoped it will come to public attention, or seek to deny and/or discredit information that is public knowledge. In all such propaganda efforts, “black” operations denote those in which the audience is to be kept ignorant of the source; “white” efforts are those in which the originator openly acknowledges himself; and “gray” operations are those in which the source is partly but not fully acknowledged.[14][15]
SAD’s existence became better known as a result of the “Global War on Terror“. Beginning in autumn of 2001, SAD/SOG paramilitary teams arrived in Afghanistanto hunt down al-Qaeda leaders, facilitate the entry of U.S. Army Special Forces and lead the United Islamic Front for the Salvation of Afghanistan against the rulingTaliban. SAD/SOG units also defeated Ansar al-Islam in Iraqi Kurdistan prior to the invasion of Iraq in 2003[17][18] and trained, equipped, organized and led theKurdishpeshmerga forces to defeat the Iraqi army in northern Iraq.[13][17] Despite being the most covert unit in U.S. Special Operations, numerous books have been published on the exploits of CIA paramilitary officers, including Conboy and Morrison’s Feet to the Fire: CIA Covert Operations in Indonesia,[19] and Warner’sShooting at the Moon: The Story of America’s Clandestine War in Laos.[20] Most experts consider SAD/SOG the premiere force for unconventional warfare (UW), whether that warfare consists of either creating or combating an insurgency in a foreign country.[7][21][22]
There remains some conflict between the National Clandestine Service and the more clandestine parts of the United States Special Operations Command (USSOCOM),[23] such as the Joint Special Operations Command. This is usually confined to the civilian/political heads of the respective Department/Agency. The combination of SAD and USSOCOM units has resulted in some of the most notable successes of the wars in Iraq and Afghanistan, to include the locating and killing of Osama bin Laden.[22][24] SAD/SOG has several missions. One of these missions is the recruiting, training, and leading of indigenous forces in combat operations.[22] SAD/SOG and its successors have been used when it was considered desirable to have plausible deniability about U.S. support (this is called a covert operation or “covert action”).[13] Unlike other special missions units, SAD/SOG operatives combine special operations and clandestine intelligence capabilities in one individual.[9] These individuals can operate in any environment (sea, air or ground) with limited to no support.[7]
The Pentagon commissioned a study to determine whether the CIA or the U.S. Department of Defense (DoD) should conduct covert action paramilitary operations. Their study determined that the CIA should maintain this capability and be the “sole government agency conducting covert action.” The DoD found that, even under U.S. law, it does not have the legal authority to conduct covert action, nor the operational agility to carry out these types of missions.[27] The operation in May 2011 that resulted in the death of Osama bin Laden was a covert action under the authority of the CIA.[24][28]
SAD/SOG has several hundred officers, mostly former members of special operations forces (SOF) and a majority from theJoint Special Operations Command (JSOC).[29] The CIA has also recruited individuals within the agency.[30] The CIA’s formal position for these individuals is “Paramilitary Operations Officers” and “Specialized Skills Officers.” Paramilitary Operations Officers attend the Clandestine Service Trainee (CST) program, which trains them as clandestine intelligence operatives (known as “Core Collectors” within the Agency). The primary strengths of SAD/SOG Paramilitary Officers are operational agility, adaptability, and deniability. They often operate in small teams, typically made up of six operators (with some operations being carried out by a single officer), all with extensive military special operations expertise and a set of specialized skills that does not exist in any other unit.[9] As fully trained intelligence case officers, Paramilitary Operations Officers possess all the clandestine skills to collect human intelligence—and most importantly—to recruit assets from among the indigenous troops receiving their training. These officers often operate in remote locations behind enemy lines to carry out direct action (including raids and sabotage), counter-intelligence, guerrilla/unconventional warfare, counter-terrorism, and hostage rescue missions, in addition to being able to conduct espionage via HUMINT assets.
There are four principal elements within SAD’s Special Operations Group: the Air Branch, the Maritime Branch, the Ground Branch, and the Armor and Special Programs Branch. The Armor and Special Programs Branch is charged with development, testing, and covert procurement of new personnel and vehicular armor and maintenance of stockpiles of ordnance and weapons systems used by SOG, almost all of which must be obtained from clandestine sources abroad, in order to provide SOG operatives and their foreign trainees with plausible deniability in accordance with U.S. Congressional directives.
Together, SAD/SOG contains a complete combined arms covert military. Paramilitary Operations Officers are the core of each branch and routinely move between the branches to gain expertise in all aspects of SOG.[30] As such, Paramilitary Operations Officers are trained to operate in a multitude of environments. Because these officers are taken from the most highly trained units in the U.S. military and then provided with extensive additional training to become CIA clandestine intelligence officers, many U.S. security experts assess them as the most elite of the U.S. special missions units.[31]
While the World War IIOffice of Strategic Services (OSS) was technically a military agency under the Joint Chiefs of Staff, in practice it was fairly autonomous of military control and enjoyed direct access to PresidentFranklin D. Roosevelt. Major General William Joseph Donovan was the head of the OSS. Donovan was a soldier and Medal of Honor recipient from World War I. He was also a lawyer and former classmate of FDR at Columbia Law School.[37] Like its successor, the CIA, OSS included both human intelligence functions and special operations paramilitary functions. Its Secret Intelligence division was responsible for espionage, while its Jedburgh teams, a joint U.S.-UK-French unit, were forerunners of groups that create guerrilla units, such as the U.S. Army Special Forces and the CIA. OSS’ Operational Groups were larger U.S. units that carried out direct action behind enemy lines. Even during World War II, the idea of intelligence and special operations units not under strict military control was controversial. OSS operated primarily in the European Theater of Operations (ETO) and to some extent in the China-Burma-India Theater, while General of the ArmyDouglas MacArthur was extremely reluctant to have any OSS personnel within his area of operations.
One of the OSS’ greatest accomplishments during World War II was its penetration of Nazi Germany by OSS operatives. The OSS was responsible for training German and Austrian commandos for missions inside Nazi Germany. Some of these agents included exiled communists and socialist party members, labor activists, anti-NaziPOWs, and German and Jewish refugees. At the height of its influence during World War II, the OSS employed almost 24,000 people.[38]
OSS Paramilitary Officers parachuted into many countries then behind enemy lines, including France, Norway, Greece and The Netherlands. In Crete, OSS paramilitary officers linked up with, equipped and fought alongside Greek resistance forces against the Axis occupation.
OSS was disbanded shortly after World War II, with its intelligence analysis functions moving temporarily into the U.S. Department of State. Espionage and counterintelligence went into military units, while paramilitary and related functions went into an assortment of ‘ad hoc’ groups, such as the Office of Policy Coordination. Between the original creation of the CIA by the National Security Act of 1947 and various mergers and reorganizations through 1952, the wartime OSS functions generally went into CIA. The mission of training and leading guerrillas generally stayed in the United States Army Special Forces, but those missions required to remain covert were folded into the paramilitary arm of the CIA. The direct descendant of the OSS’ Special Operations is the CIA’s Special Activities Division.
Tibet
After the Chinese invasion of Tibet in October 1950, the CIA inserted SAD paramilitary teams into Tibet to train and lead Tibetan resistance fighters against thePeople’s Liberation Army of China. These teams selected and then trained Tibetan soldiers in the Rocky Mountains of the United States;[39] training occurred atCamp Hale.[40][41] The SAD teams then advised and led these commandos against the Chinese, both from Nepal and India. In addition, SAD Paramilitary Officers were responsible for the Dalai Lama‘s clandestine escape to India, narrowly escaping capture and certain execution by the Chinese government.[39]
According to a book by retired CIA officer John Kenneth Knaus, entitled Orphans Of The Cold War: America And The Tibetan Struggle For Survival, Gyalo Thondup, the older brother of the 14th (and current) Dalai Lama, sent the CIA five Tibetan recruits. These recruits were then trained in paramilitary tactics on the island ofSaipan in the Northern Marianas.[42] Shortly thereafter, the five men were covertly returned to Tibet “to assess and organize the resistance” and selected another 300 Tibetans for training. U.S. assistance to the Tibetan resistance ceased after the 1972 Nixon visit to China, after which the United States and China normalized relations.[43]
The CIA sponsored a variety of activities during the Korean War. These activities included maritime operations behind North Korean lines. Yong Do Island, connected by a rugged isthmus to Pusan, served as the base for those operations. These operations were carried out by well-trained Korean guerrillas. The four principal U.S. advisers responsible for the training and operational planning of those special missions were Dutch Kramer, Tom Curtis, George Atcheson and Joe Pagnella. All of these Paramilitary Operations Officers operated through a CIA front organization called the Joint Advisory Commission, Korea (JACK), headquartered at Tongnae, a village near Pusan, on the peninsula’s southeast coast.[44] These paramilitary teams were responsible for numerous maritime raids and ambushes behind North Korean lines, as well as prisoner of warrescue operations. These were the first maritime unconventional warfare units that trained indigenous forces as surrogates. They also provided a model, along with the other CIA-sponsored ground based paramilitary Korean operations, for theMilitary Assistance Command, Vietnam-Studies and Observations Group (MACV-SOG) activities conducted by the U.S. military and the CIA/SAD in Vietnam.[7][44] In addition, CIA paramilitary ground-based teams worked directly for U.S. military commanders, specifically with the 8th Army, on the “White Tiger” initiative. This initiative included inserting South Korean commandos and CIA Paramilitary Operations Officers prior to the two major amphibious assaults on North Korea, including the landing at Inchon.[7]
The Bay of Pigs Invasion (known as “La Batalla de Girón”, or “Playa Girón” in Cuba), was an unsuccessful attempt by a U.S.-trained force of Cuban exiles to invade southern Cuba and overthrow the Cuban government of Fidel Castro. The plan was launched in April 1961, less than three months after John F. Kennedy assumed the presidency of the United States. TheCuban Revolutionary Armed Forces, trained and equipped by Eastern Bloc nations, defeated the exile-combatants in three days.
The sea-borne invasion force landed on April 17, and fighting lasted until April 19, 1961. CIA Paramilitary Operations OfficersGrayston Lynch and William “Rip” Robertson led the first assault on the beaches, and supervised the amphibious landings.[45] Four American aircrew instructors from Alabama Air National Guard were killed while flying attack sorties.[45]Various sources estimate Cuban Army casualties (killed or injured) to be in the thousands (between 2,000 and 5,000).[46] This invasion followed the successful overthrow by the CIA of the Mosaddeqgovernment in Iran in 1953[47] and Arbenz government in Guatemala in 1954,[48] but was a failure both militarily and politically.[49] Deteriorating Cuban-American relations were made worse by the 1962 Cuban Missile Crisis.
Bolivia
The National Liberation Army of Bolivia (ELN-Ejército de Liberación Nacional de Bolivia) was a communist guerrilla force that operated from the remote Ñancahuazú region against the pro-U.S. Bolivian government. They were joined by Che Guevara in the mid-1960s.[50][51] The ELN was well equipped and scored a number of early successes against the Bolivian army in the difficult terrain of the mountainous Camiri region.[52] In the late 1960s, the CIA deployed teams of SAD Paramilitary Operations Officers to Bolivia to train the Bolivian army in order to counter the ELN.[52] These SAD teams linked up with U.S. Army Special Forces and Bolivian Special Forces to track down and capture Guevara, who was a special prize because of his leading role in the Cuban Revolution.[52] On October 9, 1967, Guevara was executed by Bolivian soldiers on the orders of CIA paramilitary operative Félix Rodríguez shortly after being captured, according to CIA documents.[53]
Vietnam and Laos
South Vietnam, Military Regions, 1967
The original OSS mission in Vietnam under MajorArchimedes Patti was to work with Ho Chi Minh in order to prepare his forces to assist the United States and their Allies in fighting the Japanese. After the end of World War II, the US agreed at Potsdam to turn Vietnam back to their previous French rulers and in 1950 the US began providing military aid to the French.[54]
CIA Paramilitary Operations Officers trained and led Hmong tribesmen in Laos and Vietnam, and their actions of these officers were not known for several years. Air America was the air component of the CIA’s paramilitary mission in Southeast Asia and was responsible for all combat, logistics and search and rescue operations in Laos and certain sections of Vietnam.[55] The ethnic minority forces numbered in the tens of thousands and they conducted direct actions mission, led by Paramilitary Operations Officers, against the communist Pathet Lao forces and their North Vietnamese allies.[7]
Elements of SAD were seen in the CIA’s Phoenix Program. One component of the Phoenix Program was involved in the capture and killing of suspected Viet Cong (National Liberation Front – NLF) members.[56] Between 1968 and 1972, the Phoenix Program captured 81,740 National Liberation Front of South Vietnam (NLF or Viet Cong) members, of whom 26,369 were killed. This was a large proportion of U.S. killings between 1969 and 1971. The program was also successful in destroying their infrastructure. By 1970, communist plans repeatedly emphasized attacking the government’s “pacification” program and specifically targeted Phoenix agents. The NLF also imposed quotas. In 1970, for example, communist officials near Da Nang in northern South Vietnam instructed their agents to “kill 400 persons” deemed to be government “tyrant[s]” and to “annihilate” anyone involved with the “pacification” program. Several North Vietnamese officials have made statements about the effectiveness of Phoenix.[57][58]
MAC-V SOG (Studies and Observations Group) (which was originally named the Special Operations Group, but was changed for cover purposes), was created and active during the Vietnam War. While CIA was just one part of MAC-V SOG, it did have operational control of some of the programs. Many of the military members of MAC-V SOG joined the CIA after their military service. The legacy of MAC-V SOG continues within SAD’s Special Operations Group.[59]
Maritime activities against the USSR
In 1973, SAD/SOG and the CIA’s Directorate of Science and Technology built and deployed the USNS Glomar Explorer (T-AG-193), a large deep-sea salvage ship, on a secret operation. This operation was called Project Azorian (erroneously called Project Jennifer by the press).[60] Her mission was to recover a sunken Sovietsubmarine, K-129, which had been lost in April 1968.[61][62] A mechanical failure caused two-thirds of the submarine to break off during recovery,[60] but SAD recovered two nuclear-tipped torpedoes, cryptographic machines and the bodies of six Soviet submariners.[63] An alternative theory claims that all of K-129 was recovered[64] and that the official account was an “elaborate cover-up”.[65]
Also in the 1970s, the U.S. Navy, the National Security Agency (NSA) and SAD/SOG [66] conducted Operation Ivy Bells and a series of other missions to place wire taps on Soviet underwater communications cables. These operations were covered in detail in the 1998 book Blind Man’s Bluff: The Untold Story of American Submarine Espionage.[67] In the 1985 edition of “Studies in Intelligence”, the CIA’s in-house journal that outsiders rarely get to see, the CIA describes the “staggering expense and improbable engineering feats” that culminated in the August 1974 mission.[68]
Nicaragua
In 1979, the U.S.-backed Anastasio Somoza Debayle dictatorship in Nicaragua fell to the socialist Sandinistas. Once in power, the Sandinistas disbanded theNicaraguan National Guard, who had committed many human rights abuses, and arrested and executed some of its members. Other former National Guard members helped to form the backbone of the Nicaraguan Counterrevolution or Contra. SAD/SOG paramilitary teams were deployed to train and lead these forces against the Sandinista government. These paramilitary activities were based in Honduras and Costa Rica. Direct military aid by the United States was eventually forbidden by the Boland Amendment of the Defense Appropriations Act of 1983. The Boland Amendment was extended in October 1984 to forbid action by not only the Defense Department, but also to include the Central Intelligence Agency.[69][70]
The Boland Amendment was a compromise because the U.S. Democratic Party did not have enough votes for a comprehensive ban on military aid. It covered only appropriated funds spent by intelligence agencies. Some of Reagan’s national security officials used non-appropriated money of the National Security Council (NSC) to circumvent the Amendment. NSC officials sought to arrange funding by third parties. These efforts resulted in the Iran-Contra Affair of 1987, which concerned Contra funding through the proceeds of arms sales to the Islamic Republic of Iran. No court ever made a determination whether Boland covered the NSC and on the grounds that it was a prohibition rather than a criminal statute, no one was indicted for violating it. Congress later resumed aid to the Contras, totaling over $300 million. The Contra war ended when the Sandinistas were voted out of power by a war-weary populace in 1990.[70][71]Sandinista leader Daniel Ortega was re-elected as President of Nicaragua in 2006 and took office again on January 10, 2007.
El Salvador
CIA personnel were also involved in the Salvadoran civil war.[72] Some allege that the techniques used to interrogate prisoners in El Salvador foreshadowed those later used in Iraq and Afghanistan.[73] In fact, when a similar counter-insurgency program was proposed in Iraq, it was referred to as “the Salvador Option”.[74]
Somalia
Location of Somalia
SAD sent in teams of Paramilitary Operations Officers into Somalia prior to the U.S. intervention in 1992. On December 23, 1992, Paramilitary Officer Larry Freedman became the first casualty of the conflict in Somalia. Freedman was a former ArmyDelta Force operator who had served in every conflict that the U.S. was involved in, both officially and unofficially, since Vietnam.[75] Freedman was killed while conducting special reconnaissance in advance of the entry of U.S. military forces. His mission was completely voluntary, as it required entry into a very hostile area without any support. Freedman was awarded the Intelligence Star on January 5, 1993 for his “extraordinary heroism”.[76]
SAD/SOG teams were key in working with JSOC and tracking high value targets (HVT), known as “Tier One Personalities”. Their efforts, working under extremely dangerous conditions with little to no support, led to several very successful joint JSOC/CIA operations.[77] In one specific operation, a CIA case officer, Michael Shanklin[78] and codenamed “Condor”, working with a CIA Technical Operations Officer from the Directorate of Science and Technology, managed to get a cane with a beacon in it to Osman Ato, a wealthy businessman, arms importer, and Mohammed Aideed, a money man whose name was right below Mohamed Farrah Aidid’s on the Tier One list.
Once Condor confirmed that Ato was in a vehicle, JSOC‘s Delta Force launched a capture operation.
a Little Bird helicopter dropped out of the sky and a sniper leaned out and fired three shots into the car’s engine block. The car ground to a halt as commandos roped down from hovering Blackhawks [sic], surrounded the car and handcuffed Ato. It was the first known helicopter takedown of suspects in a moving car. The next time Jones saw the magic cane, an hour later, Garrison had it in his hand. “I like this cane,” Jones remembers the general exclaiming, a big grin on his face. “Let’s use this again.” Finally, a tier one personality was in custody.[77]
President Bill Clinton withdrew U.S. forces on May 4, 1994.[79]
In June 2006, the Islamic Courts Union seized control of southern Somalia, including the country’s capital Mogadishu, prompting the Ethiopian government to send in troops to try to protect the transitional government. In December, the Islamic Courts warned Ethiopia they would declare war if Ethiopia did not remove all its troops from Somalia. Sheikh Sharif Ahmed, leader of the Islamic Courts, called for a jihad, or holy war, against Ethiopia and encouraged foreign Muslim fighters to come to Somalia. At that time, the United States accused the group of being controlled by al-Qaeda, but the Islamic Courts denied that charge.[80]
In 2009, PBS reported that al-Qaeda had been training terrorists in Somalia for years. Until December 2006, Somalia’s government had no power outside of the town of Baidoa, 150 miles (240 km) from the capital. The countryside and the capital were run by warlords and militia groups who could be paid to protect terrorist groups.[80]
CIA officers kept close tabs on the country and paid a group of Somali warlords to help hunt down members of al-Qaeda according to the New York Times.[citation needed] Meanwhile, Ayman al-Zawahiri, the deputy to al-Qaeda leader Osama bin Laden, issued a message calling for all Muslims to go to Somalia.[80]On January 9, 2007, a U.S. official said that ten militants were killed in one airstrike.[81]
On September 14, 2009, Saleh Ali Saleh Nabhan, a senior al-Qaeda leader in East Africa as well as a senior leader in Shabaab, al Qaeda’s surrogate in Somalia, was killed by elements of U.S. Special Operations. According to a witness, at least two AH-6 Little Bird attack helicopters strafed a two-car convoy. Navy SEALs then seized the body of Nabhan and took two other wounded fighters captive.[82][83] JSOC and the CIA had been trying to kill Nabhan for some time including back in January 2007, when an AC-130 Gunship was called in on one attempt. A U.S. intelligence source stated that CIA paramilitary teams are directly embedded with Ethiopian forces in Somalia, allowing for the tactical intelligence to launch these operations.[84] Nabhan was wanted for his involvement in the 1998 United States embassy bombings, as well as leading the cell behind the 2002 Mombasa attacks.[82][85]
From 2010 to 2013, the CIA set up the Somalia National Intelligence and Security Agency (NISA) by providing training, funding and diplomatic access. In the same time period, the EU and UN has spent millions of dollars for the military training of the Somali National Army (SNA). NISA is considered a professional Somali security force that can be relied upon to neutralize the terrorist threat.[86] This force responded to the complex al-Shabaab attack on the Banadir Regional Courthouse in Mogadishu which killed 25 civilians. NISA’s response however saved 100s and resulted in the death of all the al-Shabaab guerrillas involved.[87]
Significant events during this timeframe included the targeted drone strikes against British al-Qaida operative Bilal el-Berjawi [88] and Moroccan al-Qaida operative Abu Ibrahim.[89] It also included the rescue of U.S. citizen Jessica Buchanan by U.S. Navy SEALs.[90] All likely aided by intelligence collection efforts in Somalia.[91]
Afghanistan
Hamid Karzai with Special Forces and CIA Paramilitary in late 2001.
During the Soviet war in Afghanistan in the 1980s, Paramilitary Operations Officers were instrumental in equippingMujaheddin forces against the Soviet Army. Although the CIA in general, and a Texas congressman named Charlie Wilson in particular, have received most of the attention, the key architect of this strategy was Michael G. Vickers. Vickers was a young Paramilitary Operations Officer from SAD/SOG. The CIA’s efforts have been given credit for assisting in ending the Sovietinvolvement in Afghanistan and bringing Taliban to power.[92]
SAD paramilitary teams were active in Afghanistan in the 1990s in clandestine operations to locate and kill or capture Osama Bin Laden. These teams planned several operations, but did not receive the order to execute from President Bill Clintonbecause the available intelligence did not guarantee a successful outcome weighed against the extraordinary risk to the SAD/SOG teams that would execute the mission.[13] These efforts did however build many of the relationships that would prove essential in the 2001 U.S. Invasion of Afghanistan.[13]
On September 26, 2001, members of the Special Activities Division, led by Gary Schroen, were the first U.S. forces inserted into Afghanistan. The Northern Afghanistan Liaison Team entered the country nine days after the 9/11 attack[93][94] and linked up with the Northern Alliance as part of Task Force Dagger.[95]
They provided the Northern Alliance with resources including cash to buy weapons and prepared for the arrival of USSOCOM forces. The plan for the invasion of Afghanistan was developed by the CIA, the first time in United States history that such a large-scale military operation was planned by the CIA.[96] SAD, U.S. Army Special Forces, and the Northern Alliance combined to overthrow the Taliban in Afghanistan with minimal loss of U.S. lives. They did this without the use of conventional U.S. military ground forces.[13][97][98][99]
What made the Afghan campaign a landmark in the U.S. Military’s history is that it was prosecuted by Special Operations forces from all the services, along with Navy and Air Force tactical power, operations by the Afghan Northern Alliance and the CIA were equally important and fully integrated. No large Army or Marine force was employed”.[100]
The valor exhibited by Afghan and American soldiers, fighting to free Afghanistan from a horribly cruel regime, will inspire even the most jaded reader. The stunning victory of the horse soldiers – 350 Special Forces soldiers, 100 C.I.A. officers and 15,000 Northern Alliance fighters routing a Taliban army 50,000 strong – deserves a hallowed place in American military history”.[101]
Small and highly agile paramilitary mobile teams spread out over the countryside to meet with locals and gather information about the Taliban and al-Qa’ida. During that time, one of the teams was approached in a village and asked by a young man for help in retrieving his teenage sister. He explained that a senior Taliban official had taken her as a wife and had sharply restricted the time she could spend with her family. The team gave the man a small hand-held tracking device to pass along to his sister, with instructions for her to activate it when the Taliban leader returned home. The team responded to her emergency signal, capturing the senior Taliban official and rescuing the sister. The siblings’ tearful reunion left the team at a loss for words—a rarity for the normally loud warriors of CIA’s Special Activities Division.[102]
In December 2001, SAD/SOG and the Army’s Delta Force tracked down Osama bin Laden in the rugged mountains near the Khyber Pass in Afghanistan.[103]Former CIA station chief Gary Berntsen as well as a subsequent Senate investigation claimed that the combined American special operations task force was largely outnumbered by al-Qaeda forces and that they were denied additional US troops by higher command.[104] The task force also requested munitions to block the avenues of egress of bin Laden, but that request was also denied.[105] The team allegedly uncovered evidence in the subsequent site exploration that bin Laden’s ultimate aim was to obtain and detonate a nuclear device in a terrorist attack.[96] According to other press reports, SAD were ineffectual and “Bin Laden and bodyguards walked uncontested out of Tora Bora and disappeared into Pakistan’s unregulated tribal area.”[106]
Surge
In September 2009, the CIA planned on “deploying teams of spies, analysts and paramilitary operatives to Afghanistan, part of a broad intelligence ‘surge’ ordered by President Obama. This will make its station there among the largest in the agency’s history.”[107] This presence is expected to surpass the size of the stations in Iraq and Vietnam at the height of those wars.[107] The station is located at the U.S. Embassy in Kabul and is led “by a veteran with an extensive background in paramilitary operations”.[108] The majority of the CIA’s workforce is located among secret bases and military special operations posts throughout the country.[108][109]
Also in 2009, General Stanley McChrystal, the commander of NATO forces in Afghanistan, planned to request an increase in teams of CIA operatives, including their elite paramilitary officers, to join with U.S. military special operations forces. This combination worked well in Iraq and is largely credited with the success of that surge.[108][110] There have been basically three options described in the media: McChrystal’s increased counterinsurgency campaign; a counter-terror campaign using special operations raids and drone strikes; and withdrawal. The most successful combination in both the wars in Afghanistan and Iraq has been the linking up of SAD and military special forces to fight alongside highly trained indigenous units. One thing all of these options have in common is a requirement for greater CIA participation.[110]
The End Game
According to the current and former intelligence officials, General McChrystal also had his own preferred candidate for the Chief of Station (COS) job, a good friend and decorated CIA paramilitary officer.[111] The officer had extensive experience in war zones, including two previous tours in Afghanistan with one as the Chief of Station, as well as tours in the Balkans, Baghdad and Yemen. He is well known in CIA lore as “the man who saved Hamid Karzai‘s life when the CIA led the effort to oust the Taliban from power in 2001″. President Karzai is said to be greatly indebted to this officer and was pleased when the officer was named chief of station again. According to interviews with several senior officials, this officer “was uniformly well-liked and admired. A career paramilitary officer, he came to the CIA after several years in an elite Marine unit”.[111][112]
General McChrystal’s strategy included the lash up of special operations forces from the U.S. Military and from SAD/SOG to duplicate the initial success and the defeat of the Taliban in 2001[113] and the success of the “Surge” in Iraq in 2007.[114] This strategy proved highly successful and worked very well in Afghanistan with SAD/SOG and JSOC forces conducting raids nearly every night having “superb results” against the enemy.[115]
In 2001, the CIA’s SAD/SOG began creating what would come to be called Counter-terrorism Pursuit Teams (CTPT).[116][117] These units grew to include over 3,000 operatives by 2010 and have been involved in sustained heavy fighting against the enemy. It is considered the “best Afghan fighting force”.
Located at 7,800 feet (2,400 m) above sea level, Firebase Lilley in Shkin serves as a “nerve center for the covert war”.[117] This covert war includes being a hub for these CTPT operations with Firebase Lilley being just one in a constellation of CIA bases across Afghanistan.[117] These units have not only been highly effective in combat operations against the Taliban and al-Qaeda forces, but have also been used to engage with the tribes in areas with no other official government presence.[118]
This covert war also includes a large SOG/CTPT expansion into Pakistan to target senior al-Qaeda and Taliban leadership in the Federally Administered Tribal Area (FATA).[119] CTPT units are the main effort in both the “Counterterrorism plus” and the full “Counterinsurgency” options being discussed by the Obama administration in the December 2010 review.[120] SOG/CTPT are also key to any exit strategy for the U.S. government to leave Afghanistan, while still being able to deny al-Qaeda and other trans-national extremists groups a safehaven both in Afghanistan and in the FATA of Pakistan.[121]
In January 2013, a CIA drone strike killed Mullah Nazir a senior Taliban commander in the South Waziristan area of Pakistan believed responsible for carrying out the insurgent effort against the US military in Afghanistan. Nazir’s death degraded the Taliban.[122]
The U.S. has decided to lean heavily on CIA in general and SAD specifically in their efforts to withdraw from Afghanistan as it did in Iraq.[123] There are plans being considered to have several US Military special operations elements assigned to CIA after the withdrawal.[124]
Yemen
On November 5, 2002, a missile launched from a CIA-controlled Predator drone killed al-Qaeda members traveling in a remote area in Yemen. SAD/SOG paramilitary teams had been on the ground tracking their movements for months and called in this air strike.[125] One of those in the car was Ali Qaed Senyan al-Harthi, al-Qaeda’s chief operative in Yemen and a suspect in the October 2000 bombing of the destroyer USS Cole. Five other people, believed to be low-level al-Qaeda members, were also killed to include an American named Kamal Derwish.[126][127] Former Deputy U.S. Defense Secretary Paul Wolfowitz called it “a very successful tactical operation” and said “such strikes are useful not only in killing terrorists but in forcing al-Qaeda to change its tactics”.[126]
“It’s an important step that has been taken in that it has eliminated another level of experienced leadership from al-Qaeda,” said Vince Cannistraro, former head of counter-terrorism for the CIA and current ABC News consultant. “It will help weaken the organization and make it much less effective.”[128][129] Harithi was on the run, pursued by several security forces who were looking for him and Muhammad Hamdi al-Ahdal, another suspect in the USS Cole bombing case.[130]
In 2009, the Obama administration authorized continued lethal operations in Yemen by the CIA.[131] As a result, the SAD/SOG and JSOC have joined together to aggressively target al-Qaeda operatives in that country, both through leading Yemenese special forces and intelligence driven drone strikes.[131] A major target of these operations is ImamAnwar al-Aulaqi, an American citizen with ties to both Nidal Hassan, the alleged Fort Hood attacker, and Umar Farouk Abdulmutallab, the Christmas 2009 attempted bomber of Northwest Airline flight 253.[132] Imam al-Aulaki was killed on September 30, 2011 by an air attack carried out by the Joint Special Operations Command.[133]
Iraq
SAD paramilitary teams entered Iraq before the 2003 invasion. Once on the ground they prepared the battle space for the subsequent arrival of U.S. military forces. SAD teams then combined with U.S. Army special forces (on a team called the Northern Iraq Liaison Element or NILE).[17] This team organized the KurdishPeshmerga for the subsequent U.S. led invasion. This joint team combined in Operation Viking Hammer to defeat Ansar al-Islam, an Islamist group allied to al-Qaeda, which several battle-hardened fighters from Afghanistan had joined after the fall of the Taliban, in a battle for control over the northeast of Iraq – a battle that turned out being one of the “most intense battles of Special Forces since Vietnam”.[134] This battle was for an entire territory that was completely occupied by Ansar al-Islam and was executed prior to the invasion in February 2003. If this battle had not been as successful as it was, there would have been a considerable hostile force in the rear of the U.S./secular Kurdish force in the subsequent assault on the Iraqi army to the south. The U.S. side was represented by paramilitary operations officers from SAD/SOG and the army’s 10th Special Forces Group (10th SFG). 10th SFG soldiers were awarded three Silver Stars and six Bronze Stars with V for valor for this battle alone [135] and several paramilitary officers were awarded the Intelligence Star for valor in combat.[136] This battle was a significant direct attack and victory on a key U.S. opponent. It resulted in the deaths of a substantial number of militants and the uncovering of a crude laboratory that had traces of poisons and information on chemical weapons at Sargat.[17][137] The team found foreign identity cards, visas, and passports on the enemy bodies. They had come from a wide variety of Middle Eastern and north African countries including Yemen, Sudan, Saudi Arabia, Qatar, Oman, Tunisia, Morocco, and Iran.[135]Sargat was also the only facility that had traces of chemical weapons discovered in the Iraq war.[18][136][138]
The village of Biyara and Base of Ansar al-Islam 2001–2003
In a 2004 U.S. News & World Report article, “A firefight in the mountains”, the author states:
“Viking Hammer would go down in the annals of Special Forces history—a battle fought on foot, under sustained fire from an enemy lodged in the mountains, and with minimal artillery and air support.”[135]
SAD/SOG teams also conducted high risk special reconnaissance missions behind Iraqi lines to identify senior leadership targets. These missions led to the initial assassination attempts against Iraqi PresidentSaddam Hussein and his key generals. Although the initial air strike against Hussein was unsuccessful in killing the dictator, it was successful in effectively ending his ability to command and control his forces. Other strikes against key generals were successful and significantly degraded the command’s ability to react to and maneuver against the U.S.-led invasion force.[17][139] SAD operations officers were also successful in convincing key Iraqi army officers to surrender their units once the fighting started and/or not to oppose the invasion force.[18]
NATO member Turkey refused to allow its territory to be used by the U.S. Army’s 4th Infantry Division for the invasion. As a result, the SAD/SOG, U.S. Army special forces joint teams, the Kurdish Peshmerga and the 173d Airborne Brigade were the entire northern force against the Iraqi army during the invasion. Their efforts kept the 13 divisions of the Iraqi Army in place to defend against the Kurds rather allowing them to contest the coalition force coming from the south.[134] This combined U.S. special operations and Kurdish force defeated the Iraqi Army.[17] Four members of the SAD/SOG team received CIA’s rare Intelligence Star for “extraordinary heroism”.[18]
The mission that captured Saddam Hussein was called “Operation Red Dawn“. It was planned and carried out by JSOC’s Delta Force and SAD/SOG teams (together called Task Force 121). The operation eventually included around 600 soldiers from the 1st Brigade of the 4th Infantry Division.[140][141] Special operations troops probably numbered around 40. Much of the publicity and credit for the capture went to the 4th Infantry Division soldiers, but CIA and JSOC were the driving force. “Task Force 121 were actually the ones who pulled Saddam out of the hole” said Robert Andrews, former deputy assistant Secretary of Defense for special operations and low-intensity conflict. “They can’t be denied a role anymore.”[140]
CIA paramilitary units continued to team up with the JSOC in Iraq and in 2007 the combination created a lethal force many credit with having a major impact in the success of “the Surge“. They did this by killing or capturing many of the key al-Qaeda leaders in Iraq.[142][143] In a CBS60 Minutes interview, Pulitzer Prize-winning journalist Bob Woodward described a new special operations capability that allowed for this success. This capability was developed by the joint teams of CIA and JSOC.[144] Several senior U.S. officials stated that the “joint efforts of JSOC and CIA paramilitary units was the most significant contributor to the defeat of al-Qaeda in Iraq”.[142][145]
In May 2007, Marine Major Douglas A. Zembiec was serving in SAD Ground Branch in Iraq when he was killed by small arms fire while leading a raid.[146][147]Reports from fellow paramilitary officers stated that the flash radio report sent was “five wounded and one martyred”[148] Major Zembiec was killed while saving his soldiers, Iraqi soldiers. He was honored with an intelligence star for his valor in combat.[149]
On October 26, 2008, SAD/SOG and JSOC conducted an operation in Syria targeting the “foreign fighter logistics network” bringing al-Qaeda operatives into Iraq (See 2008 Abu Kamal raid).[150] A U.S. source told CBS News that “the leader of the foreign fighters, an al-Qaeda officer, was the target of Sunday’s cross-border raid.” He said the attack was successful, but did not say whether or not the al-Qaeda officer was killed.[151]Fox News later reported that Abu Ghadiya, “al-Qa’ida’s senior coordinator operating in Syria”, was killed in the attack.[152]The New York Times reported that during the raid U.S. forces killed several armed males who “posed a threat”.[153]
In September 2014 with the rise of the Islamic State, the U.S. government began aggressive military operations against them in both Iraq and Syria. SAD Ground Branch was placed in charge of the ground war.[154] This is a testament to SAD being the preeminent force for unconventional warfare and their long-standing relationship with the most effective fighting force in the region, the Kurdish Peshmerga.[155]
SAD/SOG has been very active “on the ground” inside Pakistan targeting al-Qaeda operatives for Unmanned Aerial Vehicle (UAV) Predator strikes and along with USSOCOM elements they have been training Pakistani Special Service Group Commandos.[156] Before leaving office, President George W. Bush authorized SAD’s successful killing of eight senior al-Qaeda operatives via targeted air strikes.[157] Among those killed were the mastermind of a 2006 plot to detonate explosives aboard planes flying across the Atlantic Rashid Rauf and the man thought to have planned the Islamabad Marriott Hotel bombing on September 20, 2008 that killed 53 people.[158][159] The CIA Director authorized the continuation of these operations and on January 23, SAD/SOG performed killings of 20 individuals in northwestern Pakistan that were terrorists. Some experts assess that the CIA Director – at that time Leon Panetta – has been more aggressive in conducting paramilitary operations in Pakistan than his predecessor.[160] A Pakistani security official stated that other strikes killed at least 10 insurgents, including five foreign nationals and possibly “a high-value target” such as a senior al-Qaeda or Taliban official.[161] On February 14, the CIA drone killed 27 taliban and al-Qaeda fighters in a missile strike in south Waziristan, a militant stronghold near the Afghan border where al-Qaeda leaders Osama bin Laden and Ayman al-Zawahri were believed to be hiding.[162]
According to the documentary film Drone, by Tonje Schei, since 2002 the U.S. Air Force17th Reconnaissance Squadronhas been working for the CIA as “customer”, carrying out at least some of the armed missions in Pakistan.[163]
In a National Public Radio (NPR) report dated February 3, 2008, a senior official stated that al-Qaeda has been “decimated” by SAD/SOG’s air and ground operations. This senior U.S. counter-terrorism official goes on to say, “The enemy is really, really struggling. These attacks have produced the broadest, deepest and most rapid reduction in al-Qaida senior leadership that we’ve seen in several years.”[164] President Obama’s CIA Director Leon Panetta stated that SAD/SOG’s efforts in Pakistan have been “the most effective weapon” against senior al-Qaeda leadership.[165][166]
These covert attacks have increased significantly under President Obama, with as many at 50 al-Qaeda militants being killed in the month of May 2009 alone.[167][168][169] In June 2009, sixty Taliban fighters were killed while at a funeral to bury fighters that had been killed in previous CIA attacks.[170] On July 22, 2009, National Public Radio reported that U.S. officials believeSaad bin Laden, a son of Osama bin Laden, was killed by a CIA strike in Pakistan. Saad bin Laden spent years under house arrest in Iran before traveling last year to Pakistan, according to former National Intelligence Director Mike McConnell. It’s believed he was killed sometime in 2009. A senior U.S. counter-terrorism said U.S. intelligence agencies are “80 to 85 percent” certain that Saad bin Laden is dead.[171]
On August 6, 2009, the CIA announced that Baitullah Mehsud was killed by a SAD/SOG drone strike in Pakistan.[172]The New York Times said, “Although President Obama has distanced himself from many of the Bush administration’s counter-terrorism policies, he has embraced and even expanded the C.I.A.’s covert campaign in Pakistan using Predator and Reaper drones”.[172] The biggest loss may be to “Osama bin Laden’s al-Qa’ida”. For the past eight years, al-Qaeda had depended on Mehsud for protection after Mullah Mohammed Omar fled Afghanistan in late 2001. “Mehsud’s death means the tent sheltering Al Qaeda has collapsed,” an Afghan Taliban intelligence officer who had met Mehsud many times told Newsweek. “Without a doubt he was Al Qaeda’s No. 1 guy in Pakistan,” adds Mahmood Shah, a retired Pakistani Army brigadier and a former chief of the Federally Administered Tribal Area, or FATA, Mehsud’s base.[173]
Airstrikes from CIA drones struck targets in the Federally Administered Tribal Areas (FATA) of Pakistan on September 8, 2009. Reports stated that seven to ten militants were killed to include one top al-Qaida leaders. He was Mustafa al-Jaziri, an Algerian national described as an “important and effective” leader and senior military commander for al-Qaida. The success of these operations are believed to have caused senior Taliban leaders to significantly alter their operations and cancel key planning meetings.[174][175]
The CIA is also increasing its campaign using Predator missile strikes on al-Qaeda in Pakistan. The number of strikes in 2009 exceeded the 2008 total, according to data compiled by the Long War Journal, which tracks strikes in Pakistan.[108] In December 2009, the New York Times reported that President Obama ordered an expansion of the drone program with senior officials describing the program as “a resounding success, eliminating key terrorists and throwing their operations into disarray”.[176] The article also cites a Pakistani official who stated that about 80 missile attacks in less than two years have killed “more than 400” enemy fighters, a number lower than most estimates but in the same range. His account of collateral damage was strikingly lower than many unofficial counts: “We believe the number of civilian casualties is just over 20, and those were people who were either at the side of major terrorists or were at facilities used by terrorists.”[176]
On December 6, 2009, a senior al-Qaeda operative, Saleh al-Somali, was killed in a drone strike in Pakistan. He was responsible for their operations outside of the Afghanistan-Pakistan region and formed part of the senior leadership. Al-Somali was engaged in plotting terrorist acts around the world and “given his central role, this probably included plotting attacks against the United States and Europe”.[177][178] On December 31, 2009, senior Taliban leader and strong Haqqani ally Haji Omar Khan, brother of Arif Khan, was killed in the strike along with the son of local tribal leader Karim Khan.[179]
In January 2010, al-Qaeda in Pakistan announced that Lashkar al-Zil leader Abdullah Said al Libi was killed in a drone missile strike. Neither al-Qaeda nor the US has revealed the date of the attack that killed Libi.[180] On January 14, 2010, subsequent to the suicide attack at Camp Chapman, the CIA located and killed the senior Taliban leader in Pakistan, Hakimullah Mehsud. Mehsud had claimed responsibility in a video he made with the suicide bomber Humam Khalil Abu-Mulal al-Balawi.[181]
On February 5, 2010, the Pakistani Inter-Services Intelligence (ISI) and CIA’s SAD/SOG conducted a joint raid and apprehended Mullah Abdul Ghani Baradar. Baradar was the most significant Taliban figure to be detained since the beginning of the Afghan War more than eight years ago until that date. He ranked second to Mullah Muhammad Omar, the Taliban’s founder and was known to be a close associate of Osama bin Laden. Mullah Baradar was interrogated by CIA and ISI officers for several days before news of his capture was released.[182] This capture sent the message that the Taliban leadership is not safe in Afghanistan or Pakistan.[183] “The seizure of the Afghan Taliban’s top military leader in Pakistan represents a turning point in the U.S.-led war against the militants”, U.S. officials and analysts said.[184] Per Pakistani Interior Minister Rehman Malik, several raids in Karachi in early February netted dozens of suspected Afghan militants.[184] In other joint raids that occurred around the same time, Afghan officials said that the Taliban “shadow governorsP for two provinces in northern Afghanistan had also been detained. Mullah Abdul Salam, the Taliban’s leader in Kunduz, and Mullah Mir Mohammed of Baghlan were captured in Akora Khattack.[185]
On February 20, Muhammad Haqqani, son of Jalaluddin Haqqani, was one of four people killed in the drone strike in Pakistan’s tribal region in North Waziristan, according to two Pakistani intelligence sources.[186]
On May 31, 2010, the New York Times reported that Mustafa Abu al Yazid (AKA Saeed al Masri), a senior operational leader for Al Qaeda, was killed in an American missile strike in Pakistan’s tribal areas.[187]
From July to December 2010, predator strikes killed 535 suspected militants in the FATA to include Sheikh Fateh Al Misri, Al-Qaeda’s new third in command on September 25.[188] Al Misri was planning a major terrorist attack in Europe by recruiting British Muslims who would then go on a shooting rampage similar to what transpired in Mumbai in November 2008.[189]
The operation in the Bilal military cantonment area in the city of Abbottabad resulted in the acquisition of extensive intelligence on the future attack plans of al-Qaeda.[194][195][196] The body of bin Laden was flown to Afghanistan to be identified and then out to the USS Carl Vinson for a burial at sea.[197] DNA from bin Laden’s body, compared with DNA samples on record from his dead sister, confirmed his identity.
The operation was a result of years of intelligence work that included the Inter-Services Intelligence (ISI), the CIA, the DSS, and the Delta Force‘s, apprehension and interrogation of Khalid Sheik Mohammad (KSM),[198][199][200] the discovery of the real name of the courier disclosed by KSM, the tracking, via signal intelligence, of the courier to the Abbottobad compound by paramilitary operatives and the establishment of a CIA safe house that provided critical advance intelligence for the operation.[201][202][203][203]
The material discovered in the raid indicated that bin Laden was still in charge of his Al-Qaeda organization and was developing plans and issuing orders at the time of his death. There is considerable controversy over claims that elements of the Pakistani government, particularly the ISI, may have been concealing the presence of Osama bin Laden in Pakistan.[204][205][206] Bin Laden’s death has been labeled a “game changer” and a fatal blow to Al-Qaeda, by senior U.S. officials.[207]
Iran
In the early 1950s, the Central Intelligence Agency and Britain’s Secret Intelligence Service were ordered to overthrow the government of Iran, Prime MinisterMohammed Mosaddeq, and re-install deposed ShahMohammad Reza Pahlavi.[208] This event was called Operation Ajax.[209][210] The senior CIA officer was Kermit Roosevelt, Jr., the grandson of American president Theodore Roosevelt. The operation utilized all of SAD’s components to include political action, covert influence and paramilitary operations. The paramilitary component included training anti-Communist guerrillas to fight the Tudeh Party if they seized power in the chaos of Operation Ajax.[211] Although a significant tactical/operational success, Operation Ajax is considered very controversial with many critics.[212]
On March 9, 2007 alleged CIA Agent Robert Levinson was kidnapped from Iran’s Kish Island. On July 7, 2008, Pulitzer Prize winning investigative journalist and author Seymour Hersh wrote an article in the New Yorker stating that the Bush Administration had signed a Presidential Finding authorizing the CIA to begin cross border paramilitary operations from Iraq and Afghanistan into Iran. These operations would be against Quds Force, the commando arm of the Iranian Revolutionary Guard, public and private sector strategic targets, and “high-value targets” in the war on terror. Also enrolled to support CIA objectives were the Mujahideen-e-Khalq, known in the West as the M.E.K.,and the Baluchis insurgents. “The Finding was focused on undermining Iran’s nuclear ambitions and trying to undermine the government through regime change,” a person familiar with its contents said, and involved “working with opposition groups and passing money.”[215] Any significant effort against Iran by the Obama Administration would likely come directly from SAD.[216] and in July 2010, Director Panetta chose a former chief of SAD as the new NCS Director.[217]
Libya
After the Arab Spring movements overthrew the rulers of Tunisia and Egypt, its neighbours to the west and east respectively, Libya had a major revolt beginning in February 2011.[218][219] In response, the Obama administration sent in SAD paramilitary operatives to assess the situation and gather information on the opposition forces.[220][221] Experts speculated that these teams could be determining the capability of these forces to defeat the Muammar Gaddafi regime and whether Al-Qaeda had a presence in these rebel elements.
U.S. officials had made it clear that no U.S. troops would be “on the ground”, making the use of covert paramilitary operatives the only alternative.[222] During the early phases of the Libyan offensive of U.S. led air strikes, paramilitary operatives assisted in the recovery of a U.S. Air Force pilot who had crashed due to mechanical problems.[223][224] There was speculation that President Obama issued a covert action finding in March 2011 that authorizes the CIA to carry out a clandestine effort to provide arms and support to the Libyan opposition.[225]
Syria
CIA paramilitary teams have been deployed to Syria to report on the uprising, to access the rebel groups, leadership and to potentially train, equip and lead one of those rebel groups against the Bashar al-Assad regime.[226] In early September 2013, President Obama told U.S. Senators that the CIA had trained the first 50-man insurgent element and that they had been inserted into Syria.[227] The deployment of this unit and the supplying of weapons may be the first tangible measure of support since the U.S. stated they would begin providing assistance to the opposition.[228][229]
In October 2013, SAD was tasked with overthrowing the Syrian government of Bashar al-Assad. This program was considered too limited to have the desired outcome.[230] However, with the rise of the Islamic State, SAD was given the overall command and control of the ground fight against them. This fight will cross the borders between Iraq and Syria.[154][231]
The CIA has always had a Special Activities Division, which secretly carries out special operations mission. However, since September 11, 2001 the US government has relied much more on SAD/SOG because fighting terrorists does not usually involve fighting other armies. Rather, it involves secretly moving in and out of countries like Pakistan, Iran and Somaliawhere the American military is not legally allowed to operate.[232]
If there are missions in these countries that are denied to U.S. military special operations forces, SAD/SOG units are the primary national special missions units to execute those operations.[233]
In the War on Terror, SAD has the lead in the covert war being waged against al Qaeda.[11][234] SAD/SOG paramilitary teams have apprehended many of the senior leaders. These include: Abu Zubaydah,[235] the chief of operations for al-Qaeda;Ramzi bin al-Shibh,[236] the so-called the “20th hijacker”;[237]Khalid Sheikh Mohammed, the mastermind of the September 11, 2001 attacks on New York City and Washington, D.C.;[238]Abd al-Rahim al-Nashiri, alleged to be the mastermind of theUSS Cole bombing and leader of al Qaeda operations in the Persian Gulf prior to his capture in November 2002;[239]Abu Faraj al-Libi, al Qaeda’s “field general” believed to have taken the role of No. 3 in al Qaeda following the capture of Khalid Sheikh Mohammed in Pakistan;[240] andMullah Abdul Ghani Baradar, the number two taliban commander and the highest level taliban commander apprehended in the Afghan War.[241] Prior to the beginning of the “War on Terror”, SAD/SOG located and captured many notable militants and international criminals, including Abimael Guzman and Carlos the Jackal. These were just three of the over 50 caught by SAD/SOG just between 1983 and 1995.[242]
In 2002, the George W. Bush Administration prepared a list of “terrorist leaders” the CIA is authorized to kill in a targeted killing, if capture is impractical and civilian casualties can be kept to an acceptable number. The list includes key al Qaeda leaders like Osama bin Laden (deceased) and his chief deputy, Ayman al-Zawahiri, as well as other principal figures from al Qaeda and affiliated groups. This list is called the “high value target list”.[243] The U.S. president is not legally required to approve each name added to the list, nor is the CIA required to obtain presidential approval for specific attacks, although the president is kept well informed about operations.[243]
SAD/SOG teams have been dispatched to the country of Georgia, where dozens of al Qaeda fugitives from Afghanistan are believed to have taken refuge withChechen separatists and thousands of refugees in the Pankisi Gorge. Their efforts have already resulted in 15 Arab militants linked to al Qaeda being captured.[125]
The SAD/SOG teams have also been active in the Philippines, where 1,200 U.S. military advisers helped to train local soldiers in “counter-terrorist operations” against Abu Sayyaf, a radical Islamist group suspected of ties with al Qaeda. Little is known about this U.S. covert action program, but some analysts believe that “the CIA’s paramilitary wing, the Special Activities Division (SAD), has been allowed to pursue terrorist suspects in the Philippines on the basis that its actions will never be acknowledged”.[125]
On July 14, 2009, several newspapers reported that DCIA Leon Panetta was briefed on a CIA program that had not been briefed to the oversight committees in Congress. Panetta cancelled the initiative and reported its existence to Congress and the President. The program consisted of teams of SAD paramilitary officers organized to execute targeted killing operations against al Qaeda operatives around the world in any country. According to the Los Angeles Times, DCIA Panetta “has not ruled out reviving the program”.[11] There is some question as to whether former Vice President Dick Cheney instructed the CIA not to inform Congress.[244]Per senior intelligence officers, this program was an attempt to avoid the civilian casualties that can occur during predator drone strikes using Hellfire missiles.[245][246]
According to many experts, the Obama administration has relied on the CIA and their paramilitary capabilities, even more than they have on U.S. military forces, to maintain the fight against terrorists in the Afghanistan and Pakistan region, as well as places like Yemen, Somalia and North Africa.[247][248] Ronald Kessler states in his book The CIA at War: Inside the Secret War Against Terror, that although paramilitary operations are a strain on resources, they’re winning the war against terrorism.[247][249]
SAD/SOG paramilitary officers executed the clandestine evacuation of U.S. citizens and diplomatic personnel in Somalia, Iraq (during the Persian Gulf War) andLiberia during periods of hostility, as well as the insertion of Paramilitary Operations Officers prior to the entry of U.S. military forces in every conflict since World War II.[250] SAD officers have operated covertly since 1947 in places such as North Korea, Vietnam, Laos, Cambodia, Lebanon, Iran, Syria, Libya, Iraq, El Salvador,Guatemala, Colombia, Mexico, Nicaragua, Honduras, Chile, Bosnia and Herzegovina, Serbia, Somalia, Kosovo, Afghanistan and Pakistan.[251]
The Fulton surface-to-air recovery system (STARS) is a system developed in the early 1950s by CIA paramilitary officers for retrieving persons on the ground from a MC-130E Combat Talon I aircraft. It uses a harness and a self-inflating balloon that carries an attached lift line. An MC-130E engages the line with its V-shaped yoke and the individual is reeled on board.[252]Project COLDFEET was a very successful mission in 1962 in which two military officers parachuted into a remote abandoned Soviet site in the Arctic. The two were subsequently extracted by the Fulton sky hook. The team gathered evidence of advanced research on acoustical systems to detect under-ice US submarines and efforts to develop Arctic anti-submarine warfare techniques.[253]
Sergeant Major (SgtMaj) Billy Waugh was a Special Forces soldier attached to CIA in the 1960s. During his time at MACV-SOG in Vietnam, he developed and conducted the first combat High Altitude-Low Opening (HALO) jump, “In October 1970, my team made a practice Combat Infiltration into the NVA owned War Zone D, in South Vietnam, for reassembly training, etc. This was the first one in a combat zone.”[254] HALO is a method of delivering personnel, equipment, and supplies from a transport aircraft at a high altitude via free-fall parachute insertion. HALO andHAHO (High Altitude-High Opening) are also known as Military Free Fall (MFF). In the HALO technique, the parachutist opens his parachute at a low altitude after free-falling for a period of time to avoid detection by the enemy. Waugh also led the last combat special reconnaissance parachute insertion into enemy territory occupied by communist North Vietnamese Army (NVA) troops on June 22, 1971.[255]
On October 25, 2003, paramilitary officers Christopher Mueller and William “Chief” Carlson were killed while conducting an operation to kill/capture high level al-Qa’ida leaders near Shkin, Afghanistan. Both these officers were honored with Stars on the CIA Memorial Wall at their Headquarters in Langley, Virginia.[256] “The bravery of these two men cannot be overstated,” Director of Central Intelligence George J. Tenet told a gathering of several hundred Agency employees and family members. “Chris and Chief put the lives of others ahead of their own. That is heroism defined.” Mueller, a former US Navy SEAL and Carlson, a former Army Special Forces soldier, Delta Force operator, and member of the Blackfeet Nation in Montana, died while on this covert operation. Both officers saved the lives of others, including Afghan soldiers, during the engagement with al-Qa’ida forces.[256][257][258] In Oliver North’s book American Heroes in Special Operations, a chapter is devoted to their story.[259]
Notable political action officers
Virginia Hall Goillot started as the only female paramilitary officer in the OSS. She shot herself in the leg while hunting in Turkey in 1932, which was then amputated below the knee. She parachuted into France to organize the resistance with her prosthesis strapped to her body. She was awarded theDistinguished Service Cross. She married an OSS officer named Paul Goillot and the two joined the CIA as paramilitary operations officers in SAD. Once aboard, Mrs. Goillot made her mark as a political action officer playing significant roles in the Guatemala and Guyana operations. These operations involved the covert removal of the governments of these two countries, as directed by the President of the United States.[260]
E. Howard Hunt (October 9, 1918 – January 23, 2007) was an Ivy league educated Naval officer who joined the CIA in 1949 after serving with the OSS in World War II. Hunt was a political action officer in what came to be called their Special Activities Division.[261] He became station chief in Mexico City in 1950, and supervised William F. Buckley, Jr., (Not to be confused with a famous SAD Paramilitary Officer of the same name) who worked for the CIA in Mexico during the period 1951–1952. Buckley, another SAD political action specialist, only served briefly in the CIA and went on to be considered the father of the modern American conservative movement. Buckley and Hunt remained lifelong friends.[262] Hunt ran Operation PBSUCCESS, which overthrew the government in Guatemala in 1954, was heavily involved in theBay of Pigs Invasion operation, frequently mentioned in the JFK assassination, and was one of the operatives in the Watergate scandal.[263]Hunt was also a well-known author with over 50 books to his credit. These books were published under several alias names and several were made into motion pictures.[264]
David Atlee Phillips Perhaps the most famous propaganda officer ever to serve in CIA, Phillips began his career as a journalist and amateur actor in Buenos Aires, Argentina. He joined the Agency in the 1950s and was one of the chief architects of the operation to overthrow Communist president Arbenz in Guatemala in 1954. He was later heavily engaged as a principal member of the Bay of Pigs Task Force at Langley, and in subsequent anti-Castro operations throughout the 1960s. He founded the Association of Former Intelligence Officers (AFIO) after successfully contesting a libel suit against him.
The CIA Memorial Wall is located at CIA headquarters in Langley, Virginia. It honors CIA employees who died in the line of duty.[265] As of August 6, 2012, there were 103 stars carved into the marble wall,[266] each one representing an officer. A majority of these were paramilitary officers.[265] A black book, called the “Book of Honor”, lies beneath the stars and is encased in an inch-thick plate of glass.[266] Inside this book are stars, arranged by year of death, and the names of 77 employees who died in CIA service alongside them.[265][266] The other names remain secret, even in death.[265]
For the United States, Article One, Section Eight of the Constitution says “Congress shall have power to … declare War”. However, that passage provides no specific format for what form legislation must have in order to be considered a “declaration of war” nor does the Constitution itself use this term. Many[who?] have postulated “Declaration(s) of War” must contain that phrase as or within the title. Others oppose that reasoning. In the courts, the United States Court of Appeals for the First Circuit, in Doe v. Bush, said: “[T]he text of the October Resolution itself spells out justifications for a war and frames itself as an ‘authorization’ of such a war.”[1] in effect saying an authorization suffices for declaration and what some may view as a formal Congressional “Declaration of War” was not required by the Constitution.
This article will use the term “formal declaration of war” to mean Congressional legislation that uses the phrase “declaration of war” in the title. Elsewhere, this article will use the terms “authorized by Congress”, “funded by Congress” or “undeclared war” to describe other such conflicts.
History
The United States has formally declared war against foreign nations five separate times, each upon prior request by the President of the United States. Four of those five declarations came after hostilities had begun.[2] James Madison reported that in the Federal Convention of 1787, the phrase “make war” was changed to “declare war” in order to leave to the Executive the power to repel sudden attacks but not to commence war without the explicit approval of Congress.[3] Debate continues as to the legal extent of the President’s authority in this regard.
After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub.L. 93–148) over the veto of Nixon in an attempt to rein in some of the president’s claimed powers. The War Powers Resolution proscribes the only power of the president to wage war which is recognized by Congress.
Declarations of war
Formal
The table below lists the five wars in which the United States has formally declared war against eleven foreign nations.[4] The only country against which the United States has declared war more than once is Germany, against which the United States has declared war twice (though a case could be made for Hungary as asuccessor state to Austria-Hungary).
Force withdrawn after six months. However, the Joint Resolution was likely used to authorize the Pancho Villa Expedition. In the Senate, “when word reached the Senate that the invasion had gone forward before the use-of-force resolution had been approved, Republicans reacted angrily” saying it was a violation of the Constitution, but eventually after the action had already started, a resolution was passed after the action to “justify” it since Senators did not think it was a declaration of war.[13][14]
Ba’athist Iraqi government deposed April 2003. U.S. combat operations ended August 31, 2010. War ended December 15, 2011. Destabilization of Iraq and emergence of ISIL in the region 2011–present.[18]
Military engagements authorized by United Nations Security Council Resolutions and funded by Congress
In many instances, the United States has engaged in extended military engagements that were authorized by United Nations Security Council Resolutions and funded by appropriations from Congress.
On at least 125 occasions, the President has acted without prior express military authorization from Congress.[20] These include instances in which the United States fought in the Philippine–American War from 1898–1903, in Nicaragua in 1927, as well as the NATO bombing campaign of Yugoslavia in 1999.
The United States’ longest war was fought between approximately 1840 and 1886 against the Apache Nation. During that entire 46-year period, there was never more than 90 days of peace.[citation needed]
The Indian Wars comprise at least 28 conflicts and engagements. These localized conflicts, with Native Americans, began with European colonists coming to North America, long before the establishment of the United States. For the purpose of this discussion, the Indian Wars are defined as conflicts with the United States of America. They begin as one front in the American Revolutionary War in 1775 and had concluded by 1918. The United States Army still maintains a campaign streamer for Pine Ridge 1890–1891 despite opposition from certain Native American groups.[21]
The American Civil War was not an international conflict under the laws of war, because the Confederate States of America was not a government that had been granted full diplomatic recognition as a sovereign nation by other sovereign states.[22][23] The CSA was recognized by the United States government as a belligerent power, a different status of recognition that authorized Confederate warships to visit non-U.S. ports. This recognition of the CSA’s status as a belligerent power did not impose any duty upon the United States to recognize the sovereignty of the Confederacy, and the United States never did so.
The War Powers Resolution
In 1973, following the withdrawal of most American troops from the Vietnam War, a debate emerged about the extent of presidential power in deploying troops without a declaration of war. A compromise in the debate was reached with the War Powers Resolution. This act clearly defined how many soldiers could be deployed by the President of the United States and for how long. It also required formal reports by the President to Congress regarding the status of such deployments, and limited the total amount of time that American forces could be deployed without a formal declaration of war.
Although the constitutionality of the act has never been tested, it is usually followed, most notably during the Grenada Conflict, the Panamanian Conflict, the Somalia Conflict, the Persian Gulf War, and the Iraq War[clarification needed]. The only exception was President Clinton’s use of U.S. troops in the 78-day NATO air campaign against Yugoslavia during the Kosovo War.[citation needed] In all other cases, the President asserted the constitutional authority to commit troops without the necessity of Congressional approval, but in each case the President received Congressional authorization that satisfied the provisions of the War Powers Act.
On March 21, 2011, a number of lawmakers expressed concern that the decision of President Barack Obama to order the U.S. military to join in attacks of Libyan air defenses and government forces exceeded his constitutional authority because the decision to authorize the attack was made without Congressional permission.[24]
Jump up^Whereas the Government of Germany has formally declared war against the government and the people of the United States of America… the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared. The War Resolution
SOG considered the most secretive special operations force in America
The Special Activities Division (SAD) is a division in the U.S. Central Intelligence Agency‘s (CIA) National Clandestine Service (NCS) responsible for covert operations known as “special activities”. Within SAD there are two groups, one for tactical paramilitary operations and another for covert political action.
The “Political Action Group” within SAD is in charge of “covert activities” related to political influence, psychological, economic and cyber warfare A large CIA covert operation usually has components that involve many of these categories, as well as paramilitary operations.
Special Operations Group (SOG) is the department within SAD responsible for operations which include the gathering of intelligence information in hostile enemy countries and regions, and all high threat military or intelligence operations with which the U.S. government does not wish to be associated.
As such, members of the unit (called “Paramilitary Operations Officers” and “Specialized Skills Officers”) normally do not carry any objects, identification or clothing (e.g., military uniforms) that would associate them with the United States government (see article: Secret CIA Units Playing a Central Combat Role http://www.washingtonpost.com/wp-srv/politics/CIA18.html).
If members are compromised or killed during a mission, the government of the United States may deny all knowledge (see Congressional Research Service report: Special Operations Forces (SOF) and CIA Paramilitary Operations: Issues for Congresshttp://www.fas.org/sgp/crs/intel/RS22017.pdf ).
The SOG is considered the most secretive special operations force in the United States.
Story 1: American People’s Verdict On Democratic Socialist Debate: Lying Lunatic Left — Hillary Clinton — Bernie Sanders — Martin O’Malley — Lincoln Chaffee — Guilty As Charged — Indict or Nominate or Pardon Hillary Clinton — Biden Biding Time Until Benghazi Testimony of Clinton — Worse Economic Recovery Since Great Depression and 7 Years of Economic Stagnation Under Obama — No Change — No Hope — Videos
LAS VEGAS, NV – OCTOBER 13: (L-R) Democratic presidential candidates Jim Webb, U.S. Sen. Bernie Sanders (I-VT), Hillary Clinton, Martin O’Malley and Lincoln Chafee take the stage for a presidential debate sponsored by CNN and Facebook at Wynn Las Vegas on October 13, 2015 in Las Vegas, Nevada. The five candidates are participating in the party’s first presidential debate. (Photo by Joe Raedle/Getty Images)
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Emails Show Clinton Worked With George Soros To Run Shadow Gov’t
The real scandal surrounding Democratic presidential hopeful Hillary Clinton’s private email system may be that she was running, in concert with a private consulting firm tied closely to George Soros, an outsourced and parallel State Department answerable only to her and not President Obama, the Congress, or the American people.
Who Won The First Democratic Debate In Terms Of Body Language?
Carol Kinsey Goman
The major story of the first televised presidential debate in 1960 became the photogenic appeal of John F. Kennedy versus the sickly look of his opponent, Richard Nixon, who refused to wear makeup although his recent illness had left him with a pallid complexion. In addition, Kennedy looked directly at the camera when answering questions (rather that at the journalists who asked them), which made viewers see him as someone who was talking right to them and giving straight answers. To make matters worse, the cameras caught Nixon wiping perspiration from his forehead while Kennedy was pressing him on the issues.
When the debate ended, a large majority of television viewers recognized Kennedy as the winner. Radio listeners, who heard the debate but hadn’t seen it, gave the victory to Nixon.
Never again would politicians under estimate the importance of physical appearance and body language – especially when appearing on television. Today’s political figures are fully aware of, and heavily coached on, the impact of nonverbal communication.
And when it comes to nonverbal cues, everything matters: Gender, age, skin color, hair style, attractiveness, height, clothing, facial expressions, hand gestures, posture — audiences judge it all. Superficial? Maybe. But this potent (and often unconscious) process is also hardwired in the human brain.
There are two sets of nonverbal signals that are especially important for candidates to project: warmth and authority. Warmth cues project likeability and candor and authority cues denote power and status. The most appealing politicians (at least from a body language standpoint) are those whose behaviors encompass both sets of signals.
Which brings me to the first Democratic debate of the 2016 election cycle — and how I would grade the body language of the debaters.
Hillary Clinton, former secretary of state
Grade: A-
How she did it: Clinton is often described, by both supporters and critics, as strong, tough, and aggressive. So it was no surprise to see those qualities exhibited in her body language through expansive gestures, erect posture, and well-prepared responses.
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But Clinton’s body language won the debate by doing more than displaying authority. She successfully “warmed up” her image, with smiles, head nods in agreement/support of other’s comments, and (at one point) even laughter.
Visually, being the only woman on stage was also to her advantage. The contrast between Clinton and the rest of the (white, male) candidates was visually striking – especially for someone who wants to show how she would be different from previous presidents.
Bernie Sanders, senator of Vermont
Grade: B+
How he did it: Unlike Clinton, who (for better or worse) is a known national figure, Sanders needed to give the audience a clear picture of who he is and what he stands for – and he was very effective doing so last night. Sanders was animated and used gestures (like finger pointing and palms rotated down) to effectively emphasize his resolve – although at times, his movements were a bit jerky, instead of smooth. And for those who were wondering if a 74-year old could keep his energy high for two hours, the answer was a resounding “yes.”
Sanders nonverbal negatives include his leaning too often on the lectern (as if he needed physical support) and in his lack of warm cues. He is much more expressive when showing anger, disgust, and impatience – but rarely does he display joy or express optimism.
Martin O’Malley, former governor Maryland
Grade: C
How he did it: While he never had the “break through” moment his campaign was hoping for, nonverbally O’Malley had a significant nonverbal advantage: He looked fit and athletic – and he was the tallest person in the line up. Don’t discount the effect of these seemingly trivial facts. We are biased toward attractive, healthy people, and we unconsciously attribute leadership characteristics to tall people. (The effects of this are seen not only in politics, but in business. For example, in the U.S. population, 14.5% men are 6’ tall and over, but with CEOs of Fortune 500 companies, that statistic climbs to 58%.) But his softer, slower communication style often lacked the energy and passion needed to support his rhetoric. And his deadpan, almost angry expression when other candidates were speaking was tweeted about as the “death stare” – not a good look for someone who is usually seen as upbeat and happy.
Jim Webb, former senator of Virginia
Grade C-
How he did it: Webb is known as being “gruff” and “stiff,” and both of those qualities were displayed nonverbally: Outside of a slight lean backward and a shoulder shrug now and then, he rarely moved his body – adding to his stoic image.
Lincoln Chaffee, former governor of Rhode Island
Grade: D
How he did it: Chafee’s body language was filled with nervous facial gestures (lip licking was especially prevalent) and conflicting nonverbal messages, the most noticeable being a smile with tightened or compressed lips that made the otherwise warm signal look forced and inauthentic.
The only missing contender in last night’s debate was Vice President Joe Biden, who hasn’t declared his intention to run. Too bad. He is passionate and expressive. He would have been interesting to watch.
EVIDENCE SHOWS CLINTON RAN A PARALLEL, OUTSOURCED STATE DEPT.
Clinton received help from George Soros to run shadow gov’t
The real scandal surrounding Democratic presidential hopeful Hillary Clinton’s private email system may be that she was running, in concert with a private consulting firm tied closely to George Soros, an outsourced and parallel State Department answerable only to her and not President Obama, the Congress, or the American people.
The media has tried to separate two dubious operations of Mrs. Clinton while she was at the State Department. The first is the private email server located in her Chappaqua, New York residence. The second is the fact that her government-paid State Department personal assistant, Huma Abedin, wife of disgraced New York “sexting” congressman Anthony Weiner, was simultaneously on the payroll of Teneo, a corporate intelligence firm that also hired former President Bill Clinton and former British Prime Minister Tony Blair as advisers. Abedin has been linked to the Muslim Brotherhood, which has recently buried the hatchet with longtime rival Saudi Arabia and common cause against the Assad government in Syria, the Houthi rebels in Yemen, and Iran.
It is clear that Mrs. Clinton used her private email system to seek advice on major foreign policy issues, from her friend and paid Clinton Foundation adviser Sidney Blumenthal providing private intelligence on Libya’s post-Qaddafi government and possible business ventures to Clinton friend Lanny Davis seeking favors from Mrs. Clinton. It should be noted that Davis was a paid lobbyist for the military junta of Honduras that overthrew democratically-elected President Manuel Zelaya in 2009. It also should be noted that Mrs. Clinton voiced her personal dislike for the late Libyan leader Muammar Qaddafi, when, after he was assassinated by U.S.-armed jihadist rebels, boasted, “We came, we saw, he died!”
It was highly unusual for Abedin to receive a U.S. government paycheck while also receiving a consultant’s salary from Teneo. Teneo was founded in 2011 by Doug Band, a former counselor to Bill Clinton. Teneo, which is as much a private intelligence firm as it is an investment company and “governance” consultancy, has its headquarters in New York and branches in Washington DC, Brussels, São Paulo, London, Dublin, Dubai, Hong Kong, Beijing, and Melbourne. With the exception of its investment arm, Teneo closely resembles the former CIA-connected firm where Barack Obama worked after he graduated from Columbia, Business International Corporation (BIC). Teneo’s marketing claims match those made by BIC during its heyday: Teneo works “exclusively with the CEOs and senior leaders of many of the world’s largest and most complex companies and organizations.”
Teneo has staked a position in the international news media with its recent purchase of the London-based firm Blue Rubicon, formed in part by the former home news editor for Channel 4 News in the United Kingdom. Teneo also recently acquired London’s Stockwell Group, which provides consultancy services to the National Bank of Greece and Pireaus Bank. It appears that Mrs. Clinton’s friends are cashing in on the global banking austerity being levied against Greece.
The head of Teneo Intelligence is Jim Shinn, a former assistant secretary for Asia for the Defense Department. What is troubling is that Teneo has been offering statements to the media designed to heighten tensions between NATO and Turkey on one side and Russia on the other over Russia’s military attacks on the Islamic State in Syria. Shinn’s intelligence chief in Teneo’s London office, Wolfgango Piccoli, who has worked for the Soros-linked Eurasia Group consultancy, told CNN that Russia’s “reinforcement of the Assad regime and the consolidation of separate areas of control is more likely to prolong the conflict by forcing a stalemate.” The Teneo statement came in a CNN report that suggests members of the Bashar al Assad government in Syria and Russian President Vladimir Putin and his government could be charged by international or “national” tribunals for war crimes in a manner similar to those convened on members of the Yugoslavian and Serbian governments.
The entire International Criminal Court (ICC) in The Hague and in Africa has fallen under the control of George Soros and his operatives. Soros has made no secret of his support for overthrowing Assad and Putin and he has resorted to a “weapon of mass migration” of Syrian, Iraqi, and other refugees into Europe in order to destabilize the entire continent and endanger its Christian culture and social democratic traditions. Mrs. Clinton and Soros extensively used Mrs. Clinton’s private email system to exchange, among other things, information on the political situation in Albania, a country where Soros’s operatives are plentiful and powerful. Soros is a major donor to the Clinton Foundation and Mrs. Clinton’s presidential campaign.
Soros also pressed Mrs. Clinton for State Department support for his American University of Central Asia, which, as seen with Soros’s Central European University in Budapest and its graduate ranks of pro-U.S. leaders throughout central and eastern Europe, is designed to manufacture a new generation of pro-U.S. leaders in the Central Asian states of the former Soviet Union.
The “wiping” of Mrs. Clinton’s email systems’ hard drives appear to be part of a classic case of an intelligence operation destroying data after being exposed.
The Clinton outsourcing of U.S. foreign policy not only involves Teneo but also the Clinton Foundation, for which Mrs. Clinton solicited donations from foreign sources while she served as Secretary of State. Moreover, in a classic example of racketeering, Bill Clinton was paid by Teneo as an adviser while his Clinton Foundation hired Teneo as as a consultant. The Clinton Foundation is directed by Bill and Hillary Clinton, along with their daughter Chelsea Clinton Mezvinsky. Mrs. Clinton’s private email use also extended to Clinton Foundation chief financial officer Andrew Kessel and longtime Bill Clinton friend Bruce Lindsey.
One of the emails sent via Mrs. Clinton’s private system was from her State Department counsel Cheryl Mills to Amitabh Desai, the head of foreign policy for the Clinton Foundation. Mills wanted Desai to arrange a meeting between Rwandan dictator Paul Kagame with the Democratic Republic of Congo strongman Joseph Kabila during Kagame’s visit to Kinshasa in 2012. This effort was conducted outside the State Department with the sole exception that Assistant Secretary of State for African Affairs Johnnie Carson, a close friend of Mrs. Clinton, was involved in the email exchange with Mills and Desai.
Other private email use involved Hollywood magnate Haim Saban, Loews heir Andrew Tisch, and Lynn de Rothschild, all of whom were peddling Israel’s interests to Hillary and Bill Clinton in return for sizable donations to the Clinton Foundation and Mrs. Clinton’s presidential campaign.
Under the Clinton Giustra Enterprise Partnership, the Clinton Foundation received generous financial support totaling some $31 million from Frank Giustra, a Canadian uranium mining magnate. Giustra relied on the Clintons to use their influence to open up lucrative uranium exploitation opportunities in places like Kazakhstan and Africa.
Senator Chuck Grassley (R-IA) has been stonewalled in his attempt to obtain more information about Teneo’s relationship with Mrs. Clinton, the Clinton Foundation, and Bill Clinton.
Wayne Madsen is an investigative journalist who consistently exposes cover-ups from deep within the government. Want to be the first to learn the latest scandal? Go to WayneMadsenReport.com subscribe today!
Story 1: Stop Believing The Lying Lunatic Left: Hillary Clinton: “It Was Allowed.”, Receiving And Sending Classified Documents on Personal Email Server Is Not Allowed — It is A Serious Federal Crime Under Title 18 U.S. Code § 1924 and § 793 — Hillary Clinton’s Race To The White House or Sing Sing Prison — October Surprise on October 22 in Congressional Hearing on Benghazi! — Videos
Savannah Guthrie Grills Hillary on Emails
NBC’s Savannah Guthrie grilled Hillary Clinton during a Today show town hall Monday, asking pointedly if she realized how bad her private email looked to an outside observer.
Guthrie noted that while Clinton had apologized for using a private email, she also kept saying that it was an invented issue used by Republicans to attack her. “And I guess my question to you is, which is it?” she said. “If you’re blaming the Republicans, some might wonder how genuine is that apology?”
“Well, actually it’s both,” Clinton said. “I mean, I’m sorry that I made a choice that has resulted in this kind of situation, and I’ve said I’ve made a mistake. Obviously if I had to do it over again, I wouldn’t. It was allowed and everybody has confirmed that. But it’s also, as we now know very clearly, the way that the Republicans are trying to bring my– as they admit– poll numbers down.”
“So it’s really both, Savannah,” Clinton said. “It’s both, ‘Hey, you know what, turn the clock back, it was allowed.’ I was thinking about many other things [than] my email account when I became Secretary of State.”
“It’s allowed, but you know, anybody who works in government knows it’s really not encouraged to use your personal email. And I just — do you get how bad it looks?” Guthrie asked.
“It looks like you set up a personal server, you set up your own email so that you would have control of those emails and you and you alone would decide when to release, whether to release them. And that’s in fact what happened,” she continued.
“Well, Savannah, first of all, it was allowed,” Clinton said. “And I’ve said it wasn’t the best choice. And every government official gets to decide what is personal and work-related.”
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Democrats on the Select Committee on Benghazi released a new video and fact sheet rebutting claims made by Chairman Trey Gowdy that the Committee is not focused on former Secretary of State Hillary Clinton. The new video and fact sheet come after Republican Majority Leader Kevin McCarthy admitted on national television that the purpose of the Select Committee has always been to damage Hillary Clinton’s bid for President.
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Chris Farrell, a former Army counterintelligence agent and now director of investigations for Judicial Watch, argues Hillary Clinton has violated two national security laws.
The first is Title 18 of U.S. Code Sec. 1924 which outlaws the unauthorized removal and storage of classified information. Penalties include fines and imprisonment for up to one year.
The second is Title 18 of U.S. Code Sec. 793, a more serious felony, which outlaws people from misusing national defense information, and carries a sentence of up to 10 years in prison.
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The NSA data-monitoring program which Binney and his team had developed — codenamed ThinThread — was being aimed not at foreign targets as intended, but at Americans (codenamed as Stellar Wind); destroying privacy here and around the world. Binney voices his call to action for the billions of individuals whose rights are currently being violated.
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Gowdy: Clinton to testify in October before Benghazi panel, all questions ‘asked’ and ‘answered’
South Carolina Rep. Trey Gowdy said Sunday that Hillary Clinton will indeed testify Oct. 22 about her activities as secretary of state at the time of the Benghazi attacks but suggested that her demand for a one-time appearance will result in a long, hard day.
“We have agreed on the date,” Gowdy, a Republican and chairman of House’s Select Committee on Benghazi, told “Fox News Sunday.”
“And the ground rules are simple: You’re going to stay there until all of the questions are asked and answered with respect to Benghazi,” he continued. “If she’s going to insist that she’s only coming once, I’m going to insist that once be fully constructed, which means she’s going to be there for a while.”
Gowdy said questions about Clinton’s growing email controversy will be part of the hearing only because they’re relevant to his task of finding out what Clinton knew prior to the fatal Sept. 11, 2012, terror attacks on the U.S. outpost in Benghazi, Libya.
U.S. ambassador Christopher Stevens and three other Americans were killed in the attacks.
Clinton was secretary of state from 2009 to 2013. Among questions still being pursued are how much did the Obama administration know about the possibility of a terror attack and did the outpost have adequate security.
The email controversy essentially centers on Clinton using a private server and email accounts while serving as the country’s top diplomat.
“Had she not had this email arrangement with herself, you wouldn’t be talking to me this morning,” Gowdy told Fox on Sunday. “So, my focus is on the four murdered Americans in Benghazi. But before I can write the final definitive accounting of that, I have to make sure that the public record is complete.”
Clinton, the front running Democratic presidential candidate, has said she had no knowledge of sending or receiving information marked as classified, that she has done nothing wrong and intends to cooperate with investigations.
However, thousands of pages of her emails publicly released in recent months show she received messages later marked classified, including some that contained material regarding the production and dissemination of U.S. intelligence information.
And a recent inspector general probe raised concerns about whether classified information had traversed the email system, resulting in a counterintelligence referral being sent to the Justice Department. However, the referral did not allege criminal wrongdoing.
Intentionally transmitting classified information through an unsecured system would appear to be a violation of federal regulations.
This weekend, Clinton suggested the email controversy is also politically motivated.
“I won’t get down in the mud with them,” she said. “I won’t play politics with national security or dishonor the memory of those who we lost. I won’t pretend that this is anything other than what it is, the same old partisan games we’ve seen so many times before.”
Gowdy, a former federal prosecutor, has repeatedly declined to comment on whether he thinks Clinton broke federal law with what he calls her “unique email arrangement.”
However, he said Sunday that he has confidence in the FBI’s handling of the server, which Clinton turned over last week, after repeated requests, and that the agency will be the neutral observer for which he has asked.
“I think (the FBI is) the premiere law enforcement agency in the world,” Gowdy said. “I think that they’re as apolitical as anything can be in this culture, and I think they’re going to go wherever the facts take them.”
Clinton will testify before Benghazi panel on Oct. 22
Circle Oct. 22 with a red pen on the calendar: That’s when Hillary Clinton will testify before the Select Committee on Benghazi, the panel confirmed on Wednesday.
The former Secretary of State will answer questions about her role in the events that led up to the 2012 Benghazi, Libya terrorist attack that left four Americans dead — and, more than likely, her email practices that have come under fire in recent weeks.
Story Continued Below
“Secretary Clinton’s attorney, Mr. David Kendall, late today confirmed she has accepted the Select Committee’s offer to appear before the committee, which will take place Oct. 22nd,” spokesman Jamal Ware said in a statement. “Members of the Committee will question the former Secretary about Libya, Benghazi and her email arrangement consistent with the scope and jurisdiction of the Committee laid out in the House Resolution.”
Clinton’s campaign had made a similar announcement last Saturday following a series of reports calling into question the 2016 Democratic front-runner’s handling of classified information.
But the panel balked at the announcement, saying Kendall and the panel hadn’t agreed on the scope of what could be asked. They worried Kendall would demand that the panel stay away from questions about her email practices. Clinton used a home-brewed email server for work instead of a State.gov account as is required under government transparency rules.
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State Department also asking again whether she turned over all of her business emails
BY GREG GORDON AND ANITA KUMAR
Hillary Clinton hired a Connecticut company to back up her emails on a “cloud” storage system, and her lawyers have agreed to turn whatever it contains over to the FBI, a person familiar with the situation said Tuesday.
The disclosure came as a Republican Senate committee chairman, Wisconsin Sen. Ron Johnson, also asked the firm to turn over to the committee copies of any Clinton emails still in its possession.
There were conflicting accounts as to whether the development could lead to recovery of any of Clinton’s more than 31,000 personal emails, which she said she deleted from her private server upon turning over her work-related emails to the State Department, at its request, in December 2014.
Congressional Republicans have voiced skepticism as to whether the 30,940 business emails that the Democratic presidential candidate handed over represented all of those related to her position as secretary of state. The FBI is separately investigating whether Clinton’s arrangement put classified information at risk but has yet to characterize it as a criminal inquiry.
Datto Inc., based in Norwalk, Conn., became the second data storage firm to become entangled in the inquiry into Clinton’s unusual email arrangement, which has sparked a furor that has dogged her campaign. In August, Clinton and the firm that had managed her server since June 2013, Colorado-based Platte River Networks, agreed to surrender it for examination by the FBI.
On Friday, Clinton’s attorney, David Kendall, and Platte River agreed to allow Datto to turn over the data from the backup server to the FBI, said the person familiar with Datto’s storage, who spoke on condition of anonymity because of the sensitivity of the matter.
Datto said in a statement that “with the consent of our client and their end user, and consistent with our policies regarding data privacy, Datto is working with the FBI to provide data in conjunction with its investigation.”
The source said, however, that Platte River had set up a 60-day retention policy for the backup server, meaning that any emails to which incremental changes were made at least 60 days prior would be deleted and “gone forever.” While the server wouldn’t have been “wiped clean,” the source said, any underlying data likely would have been written over and would be difficult to recover.
Since Clinton has said she deleted all of her personal emails, the configuration might complicate any attempt by FBI forensics experts to resurrect emails from the backup. However, Bloomberg reported recently that the FBI has recovered some of Clinton’s emails, apparently from the server they seized from Platte River.
In laying out facts gathered by the Senate Homeland Security and Governmental Affairs Committee, which he chairs, Johnson offered the first public confirmation that Clinton or her representatives had arranged for a backup of her email server after she left office in early 2013.
His letter also cited internal emails recounting requests in late 2014 and early 2015 from Clinton representatives for Colorado-based Platte River Networks, the firm managing Clinton’s primary server, to direct Datto to reduce the amount of her emails it was backing up. These communications led a Platte River employee to air suspicions that “this whole thing really is covering up some shaddy (sic) shit,” according to an excerpt of an email cited by Johnson.
The controversy seems sure to come up on Oct. 22, when Clinton is scheduled to testify to a House committee investigating the fatal 2012 attacks on U.S. facilities in Benghazi, Libya. It was the panel’s chairman who first declared last March that she had “wiped” her server clean based on a letter from Clinton’s attorney.
Spokesmen for Clinton’s campaign declined to respond to requests for comment about Johnson’s letter Tuesday.
On May 31, 2013, four months after Clinton left office, the Clinton Executive Service Corp., which oversaw her email server contracts, hired Platte River to maintain her account. Its New Jersey-based server replaced the server in her New York home that had handled her emails throughout her tenure as secretary of state.
Several weeks ago, Platte River employees discovered that her private server was syncing with an offsite Datto server, he said.
When Datto acknowledged that was the case, a Platte River employee replied in an email: “This is a problem.”
Johnson said that “Datto apparently possessed a backup of the server’s contents since June 2013.”
Upon that discovery, Platte River “directed Datto to not delete the saved data and worked with Datto to find a way to move the saved information . . . back to Secretary Clinton’s private server.”
CLINTON WILL TESTIFY ON CAPITOL HILL ABOUT HER EMAIL PRACTICES OCT. 22
The letter also noted that Platte River employees were directed to reduce the amount of email data being stored with each backup. Late this summer, Johnson wrote, a Platte River employee took note of this change and inquired whether the company could search its archives for an email from Clinton Executive Service Corp. directing such a reduction in October or November 2014 and then again around February, advising Platte River to save only emails sent during the most recent 30 days.
Those reductions would have occurred after the State Department requested that Clinton turn over her emails.
IT IS UNCLEAR WHY SECRETARY CLINTON’S REPRESENTATIVES APPARENTLY DIRECTED (PLATTE RIVER) TO REDUCE THE BACKUP TIME PERIOD OF HER EMAILS AROUND THE SAME TIME PERIOD OR IN THE MONTHS FOLLOWING THE STATE DEPARTMENT’S REQUEST.
Wisconsin Sen. Ron Johnson, in letter to Datto
It was here that a Platte River employee voiced suspicions about a cover-up and sought to protect the company. “If we have it in writing that they told us to cut the backups,” the employee wrote, “and that we can go public with our statement saying we have had backups since day one, then we were told to trim to 30 days, it would make us look a WHOLE LOT better,” according to the email cited by Johnson.
In the letter to Austin McChord, Datto’s CEO, Johnson asked the firm to produce copies of all communications it had relating to Clinton’s server, including those with Platte River and the Clinton firm.” He also asked whether Datto and its employees were authorized to store and view classified information and for details of any cyberattacks on the backup server.
In an ongoing review of Clinton’s work emails, the State Department and intelligence agencies have found more than 400 containing classified information, including at least two declared “Top Secret,” the most sensitive national security data. Clinton has said none of the emails were marked classified during her tenure although some communications by their nature are classified at creation.
In other developments, the State Department is asking Clinton to search again for any emails, regardless of format, from the first two months of her tenure, according to a document filed Tuesday by the State Department in response to a lawsuit about her emails.
The request to Clinton attorney David Kendall, dated Oct. 2, comes weeks after the State Department obtained a series of emails that Clinton did not turn over despite her claim that she sent the agency all her work-related correspondence.
TO THE EXTENT HER EMAILS MIGHT BE FOUND ON ANY INTERNET SERVICE AND EMAIL PROVIDERS, WE ENCOURAGE YOU TO CONTACT THEM.
Patrick Kennedy, under secretay of state for management
The chain of emails, dating from Jan. 10, 2009 to Feb. 1, 2009, were exchanged with former Gen. David Petraeus when he headed the military’s U.S. Central Command, responsible for running the wars in Iraq and Afghanistan and mostly relate to personnel matters.
“These emails are now in our possession and will be subject to Freedom of Information Act requests,” State Department spokesman John Kirby said last week. “Furthermore, we asked the IG to incorporate this matter into the review Secretary Kerry requested in March. We have also informed Congress of this matter.”
Clinton said she was unable to turn over emails she sent or received from late January to March 18, 2009, because she continued to use the AT&T Blackberry account she had when she was a senator. But after the Petraeus emails surfaced and showed she had not turned over emails sent or received on her new account, aides said said she could not turn over emails because they had not been captured on her private server.
Clinton’s campaign and Kendall did not immediately respond to questions about Johnon’s letter or the State Department’s new request.
18 U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material
(a)
Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.
(b)
For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a).
(c)
In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.
18 U.S. Code § 793 – Gathering, transmitting or losing defense information
(a)
Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
(b)
Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or
(c)
Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or
(d)
Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
(e)
Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or
(f)
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.
(g)
If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
(h)
(1)
Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3)The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall apply to—
(A)
property subject to forfeiture under this subsection;
(B)
any seizure or disposition of such property; and
(C)
any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4)
Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
In 1970, the name of the facility was changed to “Ossining Correctional Facility” and, in 1985, it received its present name.[3] “Sing Sing” was derived from the name of a Native American Nation, “Sinck Sinck” (or “Sint Sinck”), from whom the land was purchased in 1685.[4]
Sing Sing prison confines about 1,700 prisoners.[5] There are plans to convert the original 1825 cell block into a time specific museum.[6]
Story 1: National Security Agency Is Still Massively Collecting All Your Communications — The USA Freedom Act Is At Best A Baby Step Towards Restoring Your Fourth Amendment Constitutional Rights — Fire Your Representatives For Betraying Their Oath Of Office — NSA Turnkey Tyranny Totalitarian Targeting of American People — Videos
USA Freedom Act passed by Senate and signed by President Obama, limiting NSA surveillance
Freedom Act Changes NSA Rules For Data Collection
Senate Passes USA Freedom Act, Stops NSA Phone Data Gathering Special Report 1st Segment
Bill Binney: We Are A Gov’t With A Country
Freedom Act: Edward Snowden speaks out on surveillance reform
Politics Panel: Cowards! The Freedom Act is Passed
William Binney’s Heartfelt Plea to the American People
Operation “Toto” Pulling Back The Curtain: Full NSA Interview
William Binney Tells RT That USA Freedom Act is a Farce
NSA Whistleblower William Binney: The Future of FREEDOM
Bill Binney: ‘21 recommendations on fixing NSA sent to US president last year’
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
Rand Paul Causes A Vicious Senate Cat Fight Over Patriot Act
Rand Paul’s Freedom Act Filibuster
Senate Approves USA Freedom Act, Obama Signs It, After Amendments Fail
BILL CHAPPELL
The Senate has approved the USA Freedom Act, which will alter the way U.S. agencies conduct surveillance and gather data. A final vote on the bill came late Tuesday afternoon, after amendments to the bill failed.
Update at 9:30 p.m. ET: Obama’s Signature
Following an expedited enrollment process, President Obama signed the bill into law late Tuesday.
Enactment of this legislation will strengthen civil liberty safeguards and provide greater public confidence in these programs,” Obama said in a statement after the vote. “I am gratified that Congress has finally moved forward with this sensible reform legislation.”
Update at 4:30 p.m. ET: The Bill Has Passed
In the final tally of the vote, 67 senators were in favor of the measure and 32 against. The legislation needed a simple majority to pass.
Last November, the Freedom Act failed in the Senate after not receiving enough support to avoid a filibuster. Its critics say the act doesn’t go far enough to curtail surveillance programs that can access huge databases of information about Americans.
Sen. Rand Paul, R-Ky., voted against the measure today, as he did last fall. Also voting against the bill Tuesday was independent Sen. Bernie Sanders, who is seeking the Democratic presidential nomination.
The lead sponsor of the bill in the House, Rep. Jim Sensenbrenner, R-Wis., promises it will “rein in the dragnet collection of data” by the NSA and others, and “increase transparency of the Foreign Intelligence Surveillance Court.”
Calling today’s passage “a milestone,” ACLU Deputy Legal Director Jameel Jaffer says, “This is the most important surveillance reform bill since 1978, and its passage is an indication that Americans are no longer willing to give the intelligence agencies a blank check.”
Our original post continues:
The vote comes two days after controversial provisions of the Patriot Act expired because the Senate was unable to “overcome parliamentary maneuvers by Sen. Rand Paul,” as Eyder reported Sunday night, “and let three controversial provisions of the Patriot Act expire at midnight.”
The House of Representatives approved the Freedom Act on May 13. The legislation would remain in effect until Dec. 15, 2019.
“We worked for two years across the aisle and across the Capitol,” said Sen. Patrick Leahy, a champion of the bill. He said it would bring much-needed reform to America’s intelligence-gathering.
Leahy and his chief ally on the bill, Sen. Mike Lee, R-Utah, spent their Tuesday in the Senate fighting against amendments to the USA Freedom Act that were put forth — and defeated.
Tuesday’s vote on the Freedom Act comes less than a month after a federal appeals court ruled that the National Security Agency’s practice of collecting bulk data about Americans’ phone calls violates the Constitution.
Before the vote, a displeased Majority Leader Sen. Mitch McConnell criticized the policies of President Obama and said that the Freedom Act weakens America’s ability to protect itself. He also cited an AP article that called the turn of events in the surveillance and spying field as “a victory for Edward Snowden,” the former NSA contractor who released secret information about U.S. spying in June of 2013 (Snowden discussed the Patriot Act Tuesday).
After McConnell spoke, Minority Leader Sen. Harry Reid responded by saying that if McConnell is worried about making America look weaker, “he should look in the mirror.”
Reid accused the majority leader of trying to deploy distractions from the real issues and said that McConnell had also implicitly criticized the House of Representatives.
“I don’t think any of us,” Reid said, “need a lecture on why we’re less secure today.”
With or Without the Patriot Act, Here’s How the NSA Can Still Spy on Americans
June 1, 2015,Jason M. Breslow
While it may only be temporary, the National Security Agency on Monday lost its authority to collect Americans’ phone records in bulk after the Senate failed to extend provisions of the Patriot Act authorizing the controversial domestic surveillance program.
For now, the stall in the Senate means the NSA can’t collect any newly created telephone records. Under the now-lapsed Section 215 of the Patriot Act, the NSA gathered metadata such as who called whom, the time the call was placed and how long the conversation lasted.
Also lapsed are provisions of the law that allowed for wiretap orders on “lone wolf” terrorism suspects; that permitted roving wiretaps that follow suspects from device to device as they change phones; and that compelled businesses to turn over records deemed relevant to a national security investigation.
Under an entirely separate law, the 2008 FISA Amendments Act, the government still has the authority to access the communications of users of popular Internet sites such as Facebook, Google, Microsoft and Yahoo. Section 702 of the law, which does not expire until 2017, gives the government the ability to collect the content of an Internet user’s actual communications — not just metadata.
The law is geared towards non-citizens outside of the U.S., but as privacy advocates argue, it is inevitable that the communications of U.S. citizens and those of non-citizens lawfully living in the U.S. are swept up by the program.
“The phone records program under Section 215 is really just one piece of a much larger puzzle,” said Stephen Vladeck, a professor of law at the American University Washington College of Law. “They’re targeted at non-citizens but the way the technology works there is just no way for the vacuum cleaner to distinguish between the particles of dirt.”
An even older and more obscure Regan-era law, Executive Order No. 12333, provides U.S. intelligence with nearly identical surveillance capabilities to intercept overseas communications, Vladeck said, with the same implications for privacy.
“The way the government is intercepting communications under these authorities,” said Vladeck, referring to Section 702 and Executive Order 123333, “it cannot tell at the point of collection whether the actual sender or recipient is or is not a U.S. citizen.”
Also unaffected by the sunset of Section 215 is the use of National Security Letters, which since 9/11 have helped to dramatically expand the government’s ability to collect information about Americans directly from phone companies and Internet providers. Any FBI office can issue one, without a court’s review and with a gag order. In the past 10 years, more than 300,000 National Security Letters have been issued, according to the Electronic Frontier Foundation, and until 2013, no major Internet or phone company is known to have questioned the constitutionality of one.
Meanwhile, it’s not clear that all surveillance conducted under the Patriot Act has officially come to a close. As The New York Times noted, all three aspects of the law that expired Monday “contained a so-called grandfather clause that permits their authority to continue indefinitely for any investigation that had begun before June 1.”
Of course, by the end of the week, that may not matter. After having failed to extend the expiring Patriot Act provisions on Sunday, the Senate appears poised to pass a House bill, the USA Freedom Act, that would restore the lapsed Patriot Act powers into law. The one critical difference in the new law is that bulk phone records would stay in the hands of phone companies, rather than with the government.
In this two-part, Peabody Award-winning series, FRONTLINE explores how the U.S. government came to monitor and collect the communications of millions of people around the world — and here at home — and the lengths to which officials tried hide the massive surveillance from the public.
Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-Collection, and Online Monitoring Act
Full title
To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.
Acronym
USA Freedom Act, a backronym for “Uniting and Strengthening America by FulfillingRights and Ending Eavesdropping,Dragnet-collection and Online Monitoring Act“
The USA Freedom Act is a law which was originally introduced in both houses of the U.S. Congress on October 29, 2013. Following the expiration of several provisions of the Patriot Act, the act was passed on June 2, 2015.[3][4] The title of the act is a ten-letter backronym (USA FREEDOM) that stands for “Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection and OnlineMonitoring Act.”
When the bill was re-introduced in the 114th Congress (2015-2016), it was described by the bill sponsors as “a balanced approach”[5] while being questioned for extending the Patriot Act through the end of 2019.[6]Supporters of the bill said that the House Intelligence Committee and House leadership[7] would insist on reauthorizing all Patriot Act powers except bulk collection under Section 215 of the Patriot Act[8]. Critics assert that mass surveillance of the content of Americans’ communication will continue under Section 702 of FISA which does not expire until 2017[9][10] and Executive Order 12333[9][11] due to the “unstoppable surveillance-industrial complex”[12] despite the fact that a bipartisan majority of the House had previously voted to close backdoor mass surveillance.[7]
Purpose
According to supporters of the USA Freedom Act, the USA Freedom Act[13][full citation needed] was meant to end the bulk collection of Americans’ metadata by the NSA, end the secret laws created by the FISA court, and introduce a “Special Advocate” to represent public and privacy matters.[14][15][16] However, the USA Freedom Act does allow the bulk collection of Americans’ metadata by phone companies, which is then accessible by the NSA; it also does not address other laws which have purportedly challenged Americans’Fourth Amendment rights.[17] Other proposed changes included limits to programs like PRISM, which retains Americans’ Internet data,[18] and greater transparency by allowing companies such as Google andFacebook to disclose information about government requests for information.[19]
The bill comprised several titles: FISA business records reforms, FISA pen register and trap and trace device reforms, FISA acquisitions targeting persons outside the United States reforms, Foreign Intelligence Surveillance Court reforms, Office of the Special Advocate, National Security Letter reforms, FISA and National Security Letter transparency reforms, and Privacy and Civil Liberties Oversight Board subpoena authority.[27]
Purpose
Representative Jim Sensenbrenner, who introduced the bill, stated that its purpose was:
To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC.[14][28]
According to the bill’s sponsors, their legislation would have amended Section 215 of the Patriot Act to ensure that any phone records obtained by the government were essential in an investigation that involved terrorism or espionage, thereby ending bulk collection,[8] while preserving “the intelligence community’s ability to gather information in a more focused way.”[29]
Background
Many members of Congress believed that in the wake of the Snowden disclosures, restoration of public trust would require legislative changes.[30] More than 20 bills have been written since the disclosures began with the goal of clarifying government surveillance powers.[18]
Sensenbrenner, who introduced the USA PATRIOT Act (H.R. 3162) in 2001 following the September 11 terrorist attacks to give more power to US intelligence agencies, and who has described himself as “author of the Patriot Act,”[31] declared that it was time to put the NSA’s “metadata program out of business.” With its bulk collection of Americans’ phone data, Sensenbrenner asserted that the intelligence community “misused those powers,” had gone “far beyond” the original intent of the legislation, and had “overstepped its authority.”[30][32]
An opinion piece by Leahy and Sensenbrenner, published in Politico, described the impetus for proposed changes,[33]saying:
The intelligence community has failed to justify its expansive use of [the FISA and Patriot Act] laws. It is simply not accurate to say that the bulk collection of phone records has prevented dozens of terrorist plots. The most senior NSA officials have acknowledged as much in congressional testimony. We also know that the FISA court has admonished the government for making a series of substantial misrepresentations to the court regarding these programs. As a result, the intelligence community now faces a trust deficit with the American public that compromises its ability to do its job. It is not enough to just make minor tweaks around the edges. It is time for real, substantive reform.[29]
Markup in House Judiciary Committee
In May 2014, the U.S. House Judiciary Committee posted a “Manager’s Amendment” on its website. Title VII of the Amendment read “Section 102(b)(1) of the USA Patriot Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking “June 1, 2015” and inserting “December 31, 2017,” extending the controversial USA PATRIOT Act through the end of 2017.[34] The Electronic Privacy Information Center (EPIC) has criticized the Patriot Act as unconstitutional, especially when “the private communications of law-abiding American citizens might be intercepted incidentally”.[35] James Dempsey, of the CDT, believes that the Patriot Act unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,[36] while the American Library Associationbecame so concerned that they formed a resolution condemning the USA PATRIOT Act, and which urged members to defend free speech and protect patrons’ privacy against the Act.[37]
The Guardian wrote “civil libertarians on the Judiciary Committee had to compromise in order to gain support for the act. Significantly, the government will still be able to collect phone data on Americans, pending a judge’s individualized order based on ‘reasonable articulable suspicion‘ – a standard preferred by the NSA – of wrongdoing, and can collect call records two degrees or ‘hops’ of separation from the individual suspected.”[23] Kara Brandeisky of ProPublica said, “some worry that the bill does not unequivocally ban bulk collection of American records. Again, a lot depends on how the Foreign Intelligence Surveillance Court interprets the statute.”[38]
The Electronic Frontier Foundation (EFF) stated it remained “concerned that this bill omits important transparency provisions found in the (original 2013) USA FREEDOM Act, which are necessary to shed light on surveillance abuses”. In addition, the EFF said it believed “this bill should do more to address mass surveillance under Section 702 of Foreign Intelligence Surveillance Amendments Act, a section of law used to collect the communications of users worldwide.”[40]The Open Technology Institute commented “several other key reforms—such as provisions allowing Internet and phone companies to publish more information about the demands they receive, which OTI and a coalition of companies and organizations have been pressing for since last summer—have been removed, while the bill also provides for a new type of court order that the President has requested, allowing for continuous collection by the government of specified telephone records.”[41]
Despite the criticism from civil liberties groups, Mike Rogers, a defender of the NSA‘s surveillance practices and the chairman of the House Intelligence Committee, praised the amendments. Rogers, who had his own bill which would codify the NSA’s surveillance practices in to law, called the proposed amendments a “huge improvement.” Foreign Policy wrote “any compromise to the Judiciary bill risks an insurrection from civil libertarians in Congress. Michigan Republican Justin Amashled such a revolt last year when he offered an NSA amendment to a defense appropriations bill that would have stripped funding for the NSA’s collection program.” “Just a weakened bill or worse than status quo? I’ll find out,” Representative Amash said.[42]
After the marked up bill passed the House Judiciary Committee USA Freedom Act co-author and Senate Committee on the Judiciary Chairman Patrick Leahycommented that he “remain concerned that the legislation approved today does not include some of the important reforms related to national security letters, a strong special advocate at the FISA Court, and greater transparency. I will continue to push for those reforms when the Senate Judiciary Committee considers the USA Freedom Act this summer.”[25]
Passage in House of Representatives
The House of Representatives passed on May 22, 2014 the USA Freedom act by 303 votes to 121.[43] Because the House version was weakened by lawmakers loyal to the intelligence establishment it lost support of important House Judiciary members like Republicans Darrell Issa, Ted Poe and Raul Labrador and Democrat Zoe Lofgren who previously voted for the act.[44] “The result is a bill that will actually not end bulk collection, regrettably,” said Rep. Zoe Lofgren who voted against the bill.[45] The act would shift responsibility for retaining telephonic metadata from the government to telephone companies. Providers like AT&T and Verizon would be required to maintain the records and let the NSA search them in terrorism investigations when the agency obtains a judicial order or in certain emergency situations.[46] The USA Freedom Act demands that the NSA get approval for a search from the Foreign Intelligence Surveillance Court before demanding that the telecoms hand over metadata. However, no “probable-cause” Fourth Amendment standard is required to access the database[45] While an allowable search under the original USA Freedom Act was defined as “a term used to uniquely describe a person, entity, or account”, but under the House version a database search inquiry is now allowed if it is “a discrete term, such as a term specifically identifying a person, entity, account, address, or device.”[45] Provisions that were dropped from the bill included requirements to estimate the number of Americans whose records were captured under the program, and the creation of a public advocate to challenge the government’s legal arguments before the Foreign Intelligence Surveillance Court.[47][48]
The passed House version[49] was criticised by U.S. senators, tech firms like Google, Apple, Microsoft, Facebook and Twitter, as well as civil liberties groups.[44][45][46][47][50] Senator Sen. Patrick Leahy, chair of the Senate Judiciary Committee and lead Democratic author of the Freedom Act, criticized the House version by saying in a statement: “Today’s action in the House continues the bipartisan effort to restore Americans’ civil liberties. But I was disappointed that the legislation passed today does not include some of the meaningful reforms contained in the original USA Freedom Act. I will continue to push for these important reforms when the Senate judiciary committee considers the USA Freedom Act next month.”[50] And Senator Ron Wyden stated he was “gravely concerned that the changes that have been made to the House version of this bill have watered it down so far that it fails to protect Americans from suspicionless mass surveillance.”[50]Major U.S. tech firms like Google, Apple, Microsoft, Facebook, and Twitter joined together in the Reform Government Surveillance coalition which called the House version a move in the wrong direction. The Reform Government Surveillance released a statement on June 5, stating: “The latest draft opens up an unacceptable loophole that could enable the bulk collection of Internet users’ data … While it makes important progress, we cannot support this bill as currently drafted and urge Congress to close this loophole to ensure meaningful reform.”[51] Mark Jaycox, a legislative analyst with the Electronic Frontier Foundation, said: “The bill is littered with loopholes. The problem right now, especially after multiple revisions, is that it doesn’t effectively end mass surveillance.”[44][44] Zeke Johnson, director ofAmnesty International USA’s security and human rights program, accusing the House for failing to deliver serious surveillance reform said: “People inside and outside the U.S. would remain at risk of dragnet surveillance. The Senate should pass much stronger reforms ensuring greater transparency, robust judicial review, equal rights for non-U.S. persons, and a clear, unambiguous ban on mass spying. President Obama need not wait. He can and should implement such safeguards today.” The White House however endorsed the bill. “The Administration strongly supports House passage of H.R. 3361, the USA Freedom Act. … The Administration applauds and appreciates the strong bipartisan effort that led to the formulation of this bill, which heeds the President’s call on this important issue,” the White House said in a statement.[51] “The bill ensures our intelligence and law enforcement professionals have the authorities they need to protect the Nation, while further ensuring that individuals’ privacy is appropriately protected when these authorities are employed. Among other provisions, the bill prohibits bulk collection through the use of Section 215, FISA pen registers, and National Security Letters.”[46][52]
Civil rights groups and scholars said the new language allowing the NSA to search meta data handed over from telephone companies was vague and perhaps would allow the NSA to ensnare the metadata of broad swaths of innocent people in violation of their constitutional rights. “In particular, while the previous bill would have required any request for records to be tied to a clearly defined set of ‘specific selection terms,’ the bill that just passed leaves the definition of ‘specific selection terms’ open. This could allow for an overly broad and creative interpretation, which is something we’ve certainly seen from the executive branch and the FISA Court before,” said Elizabeth Goitein, a co-director of the Brennan Center’s Liberty and National Security Program.[45] “The new definition is incredibly more expansive than previous definitions … The new version not only adds the undefined words “address” and “device,” but makes the list of potential selection terms open-ended by using the term “such as.” Congress has been clear that it wishes to end bulk collection, but given the government’s history of twisted legal interpretations, this language can’t be relied on to protect our freedoms,” said the Electronic Frontier Foundation in a press release.[51][53]
Defeat in the Senate
Negotiations among intelligence agencies, the White House, lawmakers and their aides, and privacy advocates in the summer of 2014 led to a modified bill (S. S.2685)[54] in the U.S. Senate. This bill version addressed most privacy concerns regarding the NSA program that collects records of Americans’ phone calls in bulk and other issues.[55]
Under the bill the NSA would no longer collect those phone records. Instead, most of the records would have stayed in the hands of the phone companies, which would not have been required to hold them any longer than they already do for normal business purposes, which in some cases is 18 months. The bill would require the NSA to request specific data from phone companies under specified limits i.e. the NSA would need to show it had reasonable, articulable suspicion that the number it is interested in is tied to a foreign terrorist organization or individual. The proposed legislation would still have allowed analysts to perform so-called contact chaining in which they trace a suspect’s network of acquaintances, but they would been required to use a new kind of court order to swiftly obtain only those records that were linked, up to two layers away, to a suspect — even when held by different phone companies. It would also require the federal surveillance court to appoint a panel of public advocates to advance legal positions in support of privacy and civil liberties, and would expand company reporting to the public on the scope of government requests for customers’ data. This USA Freedom Act version thus gained the support of the Obama Administration, including the director of national intelligence and attorney general, as well as many tech companies including Apple, Google, Microsoft and Yahoo as well as a diverse range of groups, including the National Rifle Association and the American Civil Liberties Union.[26][55]
Following the 2014 Congressional elections, the Senate voted on November 18, 2014, to block further debate of the measure during the 113th United States Congress. Fifty-four Democrats and four Republicans who supported consideration failed to muster the 60 votes required.[56] Senator Patrick Leahy, who drafted the bill, blamed its defeat on what he called fear-mongering by opponents, saying, “Fomenting fear stifles serious debate and constructive solutions.” Senator Mitch McConnell, the Republican leader, argued that the NSA’s bulk collection of Americans’ metadata was a vital tool in the fight against terrorism. “This is the worst possible time to be tying our hands behind our backs,” he said.[26]
114th Congress (2015-2016)
The USA Freedom Act was re-introduced in the House Judiciary Committee and Senate Judiciary Committee in late April 2015 based upon a modified version of the one which failed in the Senate in the 113th Congress.
The 2015 USA Freedom Act[57] version is described by its sponsors as “a balanced approach that would ensure the NSA maintains an ability to obtain the data it needs to detect terrorist plots without infringing on Americans’ right to privacy.”[5] Human rights groups believed the bill’s transparency and court oversight provisions are less robust than would have been required in a previous version of the bill, with more limited reporting requirements and a more narrowly defined role for external court advocates.[58]
The bill received a mixture of reaction, ranging from support from national security and computer trade groups, skepticism or moderate objection from civil liberties groups, to outright opposition from former NSA whistle blowers. The editorial board of the New York Times ran an editorial against the bill which “will be weakened further in the Senate by the majority leader” and advised readers to “get used to the protections of your civil liberties being minimally viable”.[59]
Passage out of House Judiciary Committee
The bill passed out of the House Judiciary Committee on April 30, 2015.[60] The proposed bill would end the NSA’s bulk collection under Section 215 by requiring the government to seek records from companies using a “specific selection term” that identifies a specific person, account or address and “is used to limit . . . the scope” of records sought. The term may not be a phone or Internet company.[5]
Amendments to strengthen the bill were voted down during Committee markup. One would have offered a constitutional advocate and failed by voice vote,[61] while another would have offered protection for whistle blower complaints.[62] Representative Jordan unsuccessfully argued for another amendment with the following dialog, “It’s not a vote to blow up the deal. It’s a vote for the Fourth Amendment. Plain and simple. All the Gentleman says in his amendment is, if you’re going to get information from an American citizen, you need a warrant.”[63] The bill ultimately received 25 votes in support (64%), 12 abstentions (31%), and 2 in opposition (5%).[64]
House Judiciary Chairman Bob Goodlatte said “the USA Freedom Act reforms our nation’s intelligence-gathering programs to ensure they operate in a manner that reflects core American values … We urge both the House and Senate to move expeditiously on this legislation so that we rein in government overreach and rebuild trust with the American people”.[65]
Representative Ted Poe was one member to vote against the bill. “Between the Committee vote and the House floor the bill was changed and it now confused what should have been clarified. The version of the USA Freedom Act that passed the House today leaves room for different interpretations, potentially giving NSA the ability to continue to act outside the intent of Congress and the Constitution. I could not support a bill that may allow abuses of the fourth amendment to continue,” he said.[66]
Reaction
National security and trade groups
The Center for National Security supports the USA Freedom Act introduced on April 28, 2015 to end bulk collection of Americans’ telephone metadata under the so-called “section 215” program.[67]
The Software Alliance sponsored the legislation saying “in reforming government surveillance practices, it is critical that legislation strikes the right balance between securing our nation and its citizens and improving privacy protections for the public. The FISA reforms in the USA FREEDOM Act will help restore trust in both the US government and the US technology sector.”[68]
The ITIC said “the USA Freedom Act, H.R. 2048, builds on the foundation laid by the House Judiciary Committee last Congress and the result is a bill that strengthens privacy protections while maintaining the interests of national security.”[69]
Civil liberties advocates
The final USA Freedom Act is perceived as containing several concessions to pro-surveillance legislators meant to facilitate its passage.[6][70] The watered down version of the USA Freedom Act that passed the House of Representatives in 2015 has been widely criticized by civil liberties advocates and its original supporters amongst house members for extending the Patriot Act Mass surveillance programs without meaningful restraints, undermining the original purpose of the bill. [71]
“This bill would make only incremental improvements, and at least one provision-the material-support provision-would represent a significant step backwards,” ACLU deputy legal director Jameel Jaffer said in a statement. “The disclosures of the last two years make clear that we need wholesale reform.” Jaffer wants Congress to let Section 215 sunset completely and wait for a better reform package than endorse something half-baked[72], saying that “unless that bill is strengthened, sunset would be the better course.”[73] The ACLU had previously written of the 2013 version that “although the USA Freedom Act does not fix every problem with the government’s surveillance authorities and programs, it is an important first step and it deserves broad support.”[74][75]
Representative Justin Amash, author of the narrowly defeated Amash Amendment, a proposal that would have de-funded the NSA bulk-collection program, backed the 2013 legislation, but not the final 2015 version[76]. “It’s getting out of control,” he commented. “[Courts are issuing] general warrants without specific cause…and you have one agency that’s essentially having superpowers to pass information onto others”.[32]
According to Deputy Attorney General James Cole, even if the Freedom Act becomes law, the NSA could continue its bulk collection of American’s phone records. He explained that “it’s going to depend on how the [FISA] court interprets any number of the provisions” contained within the legislation.[8]Jennifer Granick, Director of Civil Liberties at Stanford Law School, stated:
The Administration and the intelligence community believe they can do whatever they want, regardless of the laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. This isn’t the rule of law. This is a coup d’etat.[8]
International human rights groups remain somewhat skeptical of specific provisions of the bill. For example, Human Rights Watch expressed its concern that the “bill would do little to increase protections for the right to privacy for people outside the United States, a key problem that plagues U.S. surveillance activities. Nor would the bill address mass surveillance or bulk collection practices that may be occurring under other laws or regulations, such as Section 702 of the FISA Amendments Act or Executive Order 12333. These practices affect many more people and include the collection of the actual content of internet communications and phone calls, not just metadata”.[77] Zeke Johnson, Director of Amnesty International‘s Security and Human Rights Program, agreed that “any proposal that fails to ban mass surveillance, end blanket secrecy, or stop discrimination against people outside the U.S. will be a false fix”.[11]
Members of the anti-surveillance Civil Liberties Coalition are dismissing the USA Freedom Act in support of the Surveillance State Repeal Act, a far more comprehensive piece of legislation in the House that completely repeals the Patriot Act, as well as 2008’s FISA Amendments Act.[72] A group of 60 organizations called Congress to not stop at ending the NSA’s bulk collection of telephone information under the USA PATRIOT Act, but to also end the FISA Amendments Act and Executive Order 12333 mass surveillance programs and restore accountability for bad actors in the Intelligence Community.[9]
The Center for Democracy and Technology endorses the bill, but it points out that it doesn’t limit data retention for information collected on people who turn out to have no connection to a suspect or target, and emphasizes that this is not an omnibus solution.[72] The group argued the bill had to be supported because “the Senate will weaken the USA FREEDOM Act right before the sunset deadline, forcing the House to accept a weaker bill”.[78]
“This bill purports to ban certain acts under narrow authorities, but it doesn’t ban those behaviors outright. Nor does it increase meaningful oversight of the NSA,” said David Segal, executive director of Demand Progress, who wants Section 215 to expire. The group said “a vote for a bill that does not end mass surveillance is a vote in support of mass surveillance.”[79]
“Companies are provided monetary incentive to spy and share that information with the government and blanket liability once they do under USA Freedom — even if that breaks that law,” said Sascha Meinrath, the director of X-lab, an independent tech policy institute previously associated with New America. “Once companies receive that, they’ll have almost no reason to weigh in on meaningful surveillance reform.”[79] “In a way, it’s kind of like PRISM,” the program revealed by Snowden where major tech companies turned over the content of online communications to the NSA, said longtime independent surveillance researcher Marcy Wheeler. “It pushes things to providers: Everyone gets immunity, but it doesn’t add to the privacy.”[79]
“We think of the USA Freedom Act as yesterday’s news,” said Shahid Buttar of the Bill of Rights Defense Committee, “and we’re interested in forcing the [intelligence] agencies into a future where they comply with constitutional limits.” “If passed, it’ll be the only step,” predicted Patrick Eddington of the Cato Institute, a former House staffer, since the next expiration date for a major piece of surveillance legislation is 31 December 2017.[80]
Following the law’s passage on June 2, 2015, ACLU deputy legal director Jameel Jaffer claimed that “This is the most important surveillance reform bill since 1978, and its passage is an indication that Americans are no longer willing to give the intelligence agencies a blank check.”[81]
Former whistleblowers
Former NSA crypto-mathematician William Binney, who worked three decades at the agency, says the Freedom Act – widely seen as having the best chance of any surveillance-limiting proposal – “won’t do anything” if it passes. “Why do you think NSA [and other intelligence agencies] support it?” he says.[12][12]
Drake, a former NSA senior executive prosecuted unsuccessfully under the Espionage Act before pleading guilty to a misdemeanor in 2011, calls the bill the “Free-dumb Act 2.0,” and says he sees it as a ploy by government officials “to keep the status quo in place.” He also says the fixation on the call record program in public debate is unfortunate, because NSA Internet surveillance is far broader and more invasive. “It’s a shiny, shiny bright spot, [but] there’s a whole lot more being collected,” he says, including a “staggering” amount of American communications. Drake believes support from the Obama administration for the Freedom Act is motivated in part by a desire to hobble lawsuits against the call record program, three of which are pending with appeals courts and may lay the groundwork for a major Supreme Court privacy ruling.[12]
Wiebe, formerly a senior analyst at the NSA, says the anticipated Freedom Act likely will be “more of the same” and is “not going to change anything” in a meaningful way. Like Drake, he has no hope for meaningful reform and doesn’t believe efforts to lobby Congress would work. “We’ve tried,” he says. “It makes no difference.” He believes well-funded government contractors and powerful, “co-opted” lawmakers who lead key committees make up a virtually unstoppable surveillance-industrial complex.[12]
House Passage
The USA Freedom Act passed the U.S. House of Representatives on May 13, 2015.[82] The bill received broad support in the House, with 338 votes for the bill and 88 against it. It was passed without any amendments to the House Judiciary version because the House Rules Committee prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.[83] The bill had the support of the White House, Attorney General Eric Holder and Director of National Intelligence James Clapper. While civil liberties groups were divided over the support of the bill, lawmakers opposed to the Bill stated it will handicap the NSA and allow terrorist groups to prosper.[84]
Passage in Senate
The USA Freedom Act was not passed by the U.S. Senate on May 22, 2015. By a vote of 57-42, the Senate did not pass the bill that would have required 60 votes to move forward, which means that the NSA must start winding down its domestic mass surveillance program this week. The Senate also rejected, by 54-45, also short of the necessary 60 votes, a two-month extension for the key provision in the Patriot Act that has been used to justify NSA spying, which is set to expire on June 1, 2015.[85][86][87]
However, on May 31, 2015, the Senate voted 77-17 to limit debate on the act. Senate rules will allow it to be passed after the mass surveillance programs have expired.[88] Richard Burr, chair of the Senate Intelligence Committee, had three amendments he planned to offer to the bill which were likely to further increase opposition to the bill.[89] While several amendments which would strengthen the bill were not allowed to be considered, three amendments to weaken the bill, considered “poison pills”, were allowed to be considered but ultimately rejected.[90]
The bill ultimately passed the Senate 67-32 on June 2, 2015 and was signed into law.[91] “After a needless delay and inexcusable lapse in important national security authorities, my administration will work expeditiously to ensure our national security professionals again have the full set of vital tools they need to continue protecting the country,” Obama said.[92]
Story 1: Part II, Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos
Amendment IV
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.
Appellate Court Rules NSA’s Phone Data Collection Is Illegal
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What You Didn’t Know About The NSA Bluffdale Spy Center – From Former NSA Director Bill Binney
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
30c3 keynote with Glenn Greenwald [30c3]
FISA Court: Telecoms okay with NSA data collection
US Supreme Court refuses to let Americans challenge FISA eavesdropping law
FISA Section 215: A Debate about Its Legality, Usefulness and Civil Liberties
The creepy spying power buried in the Patriot Act
Real Talk: The Patriot Act
Patriot Act Powers – GOP Fights To Renew NSA Surveillance Law – Fox & Friends
Marco Rubio blasts colleagues over renewing NSA spying powers
Rand Paul Stalling Patriot Act Extension!
The Obama Administration’s War on Whistleblowers–7 Whistleblowers speak at News Conference 04-27-15
Top NSA Whistleblower William Binney Exposes the Tyranny 3/20/15
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
Former NSA Head Exposes Agency’s Real Crimes
NSA Whistleblower William Binney: The Future of FREEDOM
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NSA Whistle-Blower Tells All: The Program | Op-Docs | The New York Times
William Binney – The Government is Profiling You (The NSA is Spying on You)
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NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’
Glenn Greenwald: The NSA Can “Literally Watch Every Keystroke You Make”
NSA Whistleblower Thomas Drake Prevails in Unprecedented Obama Admin Crackdown
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
29C3 Panel: Jesselyn Radack, Thomas Drake, William Binney on whistleblowing and surveillance
Everything We Know About NSA Spying: “Through a PRISM, Darkly” – Kurt Opsahl at CCC
FBI’s Patriot Act Abuse of National Security Letters and illegal NSA spying
Last Week Tonight with John Oliver: Government Surveillance (HBO)
The Lame Duck Show: Turn Key Tyranny Solutions
PBS Nova S36E11 The Spy Factory Full Documentary
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Full Documentaries – National Security Agency Secrets – (NSA) Special Documentary
NSA can spy on 98 percent of the world
Glenn Becks “SURVEILLANCE STATE”
Glenn Greenwald on Domestic Surveillance: NSA Warrantless Wiretapping Controversy (2006)
Enemy of the State (1998) Predicts Edward Snowden’s Revelations
Enemy Of The State – The NSA Can Read The Time Off Your F**king Wristwatch!
Will Smith | Enemy of the State 1998 Movie Full HD
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Congressman Ron Paul, MD – We’ve Been NeoConned
Why Shouldn’t I Work for the NSA?
(Good Will Hunting)
N.S.A. Phone Data Collection Is Illegal, Appeals Court Rules
THE COMPUTERS ARE LISTENING
HOW THE NSA CONVERTS SPOKEN WORDS INTO SEARCHABLE TEXT
Most people realize that emails and other digital communications they once considered private can now become part of their permanent record.
But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either.
Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored.
The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documentsdescribe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest.
The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.
Spying on international telephone calls has always been a staple of NSA surveillance, but the requirement that an actual person do the listening meant it was effectively limited to a tiny percentage of the total traffic. By leveraging advances in automated speech recognition, the NSA has entered the era of bulk listening.
And this has happened with no apparent public oversight, hearings or legislative action. Congress hasn’t shown signs of even knowing that it’s going on.
The USA Freedom Act — the surveillance reform bill that Congress is currently debating — doesn’t address the topic at all. The bill would end an NSA program that does not collect voice content: the government’s bulk collection of domestic calling data, showing who called who and for how long.
Even if becomes law, the bill would leave in place a multitude of mechanisms exposed by Snowden that scoop up vast amounts of innocent people’s text and voice communications in the U.S. and across the globe.
Civil liberty experts contacted by The Intercept said the NSA’s speech-to-text capabilities are a disturbing example of the privacy invasions that are becoming possible as our analog world transitions to a digital one.
“I think people don’t understand that the economics of surveillance have totally changed,” Jennifer Granick, civil liberties director at the Stanford Center for Internet and Society, told The Intercept.
“Once you have this capability, then the question is: How will it be deployed? Can you temporarily cache all American phone calls, transcribe all the phone calls, and do text searching of the content of the calls?” she said. “It may not be what they are doing right now, but they’ll be able to do it.”
And, she asked: “How would we ever know if they change the policy?”
Indeed, NSA officials have been secretive about their ability to convert speech to text, and how widely they use it, leaving open any number of possibilities.
That secrecy is the key, Granick said. “We don’t have any idea how many innocent people are being affected, or how many of those innocent people are also Americans.”
I Can Search Against It
NSA whistleblower Thomas Drake, who was trained as a voice processing crypto-linguist and worked at the agency until 2008, told The Intercept that he saw a huge push after the September 11, 2001 terror attacks to turn the massive amounts of voice communications being collected into something more useful.
Human listening was clearly not going to be the solution. “There weren’t enough ears,” he said.
The transcripts that emerged from the new systems weren’t perfect, he said. “But even if it’s not 100 percent, I can still get a lot more information. It’s far more accessible. I can search against it.”
Converting speech to text makes it easier for the NSA to see what it has collected and stored, according to Drake. “The breakthrough was being able to do it on a vast scale,” he said.
More Data, More Power, Better Performance
The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s.
What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds.
In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited.
Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”
“I would tell you we are not very good at that,” he said.
In an ideal environment like a news broadcast, he said, “we’re getting pretty good at being able to do these types of translations.”
A 2008 document from the Snowden archive shows that transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing:
(U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing.
Experts in speech recognition say that in the last decade or so, the pace of technological improvement has been explosive. As information storage became cheaper and more efficient, technology companies were able to store massive amounts of voice data on their servers, allowing them to continually update and improve the models. Enormous processors, tuned as “deep neural networks” that detect patterns like human brains do, produce much cleaner transcripts.
And the Snowden documents show that the same kinds of leaps forward seen in commercial speech-to-text products have also been happening in secret at the NSA, fueled by the agency’s singular access to astronomical processing power and its own vast data archives.
In fact, the NSA has been repeatedly releasing new and improved speech recognition systems for more than a decade.
The first-generation tool, which made keyword-searching of vast amounts of voice content possible, was rolled out in 2004 and code-named RHINEHART.
“Voice word search technology allows analysts to find and prioritize intercept based on its intelligence content,” says an internal 2006 NSA memo entitled “For Media Mining, the Future Is Now!”
The memo says that intelligence analysts involved in counterterrorism were able to identify terms related to bomb-making materials, like “detonator” and “hydrogen peroxide,” as well as place names like “Baghdad” or people like “Musharaf.”
RHINEHART was “designed to support both real-time searches, in which incoming data is automatically searched by a designated set of dictionaries, and retrospective searches, in which analysts can repeatedly search over months of past traffic,” the memo explains (emphasis in original).
As of 2006, RHINEHART was operating “across a wide variety of missions and languages” and was “used throughout the NSA/CSS [Central Security Service] Enterprise.”
But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.”
The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states.
A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)
VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”
Extensive Use Abroad
Voice communications can be collected by the NSA whether they are being sent by regular phone lines, over cellular networks, or through voice-over-internet services. Previously released documents from the Snowden archive describe enormous efforts by the NSA during the last decade to get access to voice-over-internet content like Skype calls, for instance. And other documents in the archive chronicle the agency’s adjustment to the fact that an increasingly large percentage of conversations, even those that start as landline or mobile calls, end up as digitized packets flying through the same fiber-optic cables that the NSA taps so effectively for other data and voice communications.
The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America.
For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.”
The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.
Keyword spotting extended to Iranian intercepts as well. A 2006 memoreported that RHINEHART had been used successfully by Persian-speaking analysts who “searched for the words ‘negotiations’ or ‘America’ in their traffic, and RHINEHART located a very important call that was transcribed verbatim providing information on an important Iranian target’s discussion of the formation of a the new Iraqi government.”
“Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”
The memo offers an example from NSA Texas, where an analyst newly trained on the system used a keyword search to find previously unreported information on a target involved in drug-trafficking. In another case, an official at a Special Collection Service site in Latin America “was able to find foreign intelligence regarding a Cuban official in a fraction of the usual time.”
In a 2011 article, “Finding Nuggets — Quickly — in a Heap of Voice Collection, From Mexico to Afghanistan,” an intelligence analysis technical director from NSA Texas described the “rare life-changing instance” when he learned about human language technology, and its ability to “find the exact traffic of interest within a mass of collection.”
Analysts in Texas found the new technology a boon for spying. “From finding tunnels in Tijuana, identifying bomb threats in the streets of Mexico City, or shedding light on the shooting of US Customs officials in Potosi, Mexico, the technology did what it advertised: It accelerated the process of finding relevant intelligence when time was of the essence,” he wrote. (Emphasis in original.)
The author of the memo was also part of a team that introduced the technology to military leaders in Afghanistan. “From Kandahar to Kabul, we have traveled the country explaining NSA leaders’ vision and introducing SIGINT teams to what HLT analytics can do today and to what is still needed to make this technology a game-changing success,” the memo reads.
Extent of Domestic Use Remains Unknown
What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.”
The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”
Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.
“The National Security Agency employs a variety of technologies in the course of its authorized foreign-intelligence mission,” spokesperson Vanee’ Vines wrote in an email to The Intercept. “These capabilities, operated by NSA’s dedicated professionals and overseen by multiple internal and external authorities, help to deter threats from international terrorists, human traffickers, cyber criminals, and others who seek to harm our citizens and allies.”
Vines did not respond to the specific questions about privacy protections in place related to the processing of domestic or domestic-to-international voice communications. But she wrote that “NSA always applies rigorous protections designed to safeguard the privacy not only of U.S. persons, but also of foreigners abroad, as directed by the President in January 2014.”
“I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept.
His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.
“We went to the intelligence community and asked them to declassify a significant amount of material,” he said. The “vast majority” of that material was declassified, he said. But not all — including “facts that we thought could be declassified without compromising national security.”
Hypothetically, Medine said, the ability to turn voice into text would raise significant privacy concerns. And it would also raise questions about how the intelligence agencies “minimize” the retention and dissemination of material— particularly involving U.S. persons — that doesn’t include information they’re explicitly allowed to keep.
“Obviously it increases the ability of the government to process information from more calls,” Medine said. “It would also allow the government to listen in on more calls, which would raise more of the kind of privacy issues that the board has raised in the past.”
“I’m not saying the government does or doesn’t do it,” he said, “just that these would be the consequences.”
A New Learning Curve
Speech recognition expert Bhiksha Raj likens the current era to the early days of the Internet, when people didn’t fully realize how the things they typed would last forever.
“When I started using the Internet in the 90s, I was just posting stuff,” said Raj, an associate professor at Carnegie Mellon University’s Language Technologies Institute. “It never struck me that 20 years later I could go Google myself and pull all this up. Imagine if I posted something on alt.binaries.pictures.erotica or something like that, and now that post is going to embarrass me forever.”
The same is increasingly becoming the case with voice communication, he said. And the stakes are even higher, given that the majority of the world’s communication has historically been conducted by voice, and it has traditionally been considered a private mode of communication.
“People still aren’t realizing quite the magnitude that the problem could get to,” Raj said. “And it’s not just surveillance,” he said. “People are using voice services all the time. And where does the voice go? It’s sitting somewhere. It’s going somewhere. You’re living on trust.” He added: “Right now I don’t think you can trust anybody.”
“Things aren’t ephemeral anymore,” Taipale told The Intercept. “We’re living in a world where many things that were fleeting in the analog world are now on the permanent record. The question then becomes: what are the consequences of that and what are the rules going to be to deal with those consequences?”
Realistically, Taipale said, “the ability of the government to search voice communication in bulk is one of the things we may have to live with under some circumstances going forward.” But there at least need to be “clear public rules and effective oversight to make sure that the information is only used for appropriate law-enforcement or national security purposes consistent with Constitutional principles.”
Ultimately, Taipale said, a system where computers flag suspicious voice communications could be less invasive than one where people do the listening, given the potential for human abuse and misuse to lead to privacy violations. “Automated analysis has different privacy implications,” he said.
But to Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, the distinction between a human listening and a computer listening is irrelevant in terms of privacy, possible consequences, and a chilling effect on speech.
“What people care about in the end, and what creates chilling effects in the end, are consequences,” he said. “I think that over time, people would learn to fear computerized eavesdropping just as much as they fear eavesdropping by humans, because of the consequences that it could bring.”
Indeed, computer listening could raise new concerns. One of the internal NSA memos from 2006 says an “important enhancement under development is the ability for this HLT capability to predict what intercepted data might be of interest to analysts based on the analysts’ past behavior.”
Citing Amazon’s ability to not just track but predict buyer preferences, the memo says that an NSA system designed to flag interesting intercepts “offers the promise of presenting analysts with highly enriched sorting of their traffic.”
To Phillip Rogaway, a professor of computer science at the University of California, Davis, keyword-search is probably the “least of our problems.” In an email to The Intercept, Rogaway warned that “When the NSA identifies someone as ‘interesting’ based on contemporary NLP [Natural Language Processing] methods, it might be that there is no human-understandable explanation as to why beyond: ‘his corpus of discourse resembles those of others whom we thought interesting’; or the conceptual opposite: ‘his discourse looks or sounds different from most people’s.’”
If the algorithms NSA computers use to identify threats are too complex for humans to understand, Rogaway wrote, “it will be impossible to understand the contours of the surveillance apparatus by which one is judged. All that people will be able to do is to try your best to behave just like everyone else.”
EFF sued the Department of Justice (DOJ) on the 10th anniversary of the signing of the USA PATRIOT Act in October 2011 for answers about “secret interpretations” of a controversial section of the law. In June 2013, a leaked FISA court order publicly revealed that “secret interpretation”: the government was using Section 215 of the Patriot Act to collect the phone records of virtually every person in the United States.
Prior to the revelations, several senators warned that the DOJ was using Section 215 of the PATRIOT Act to support what government attorneys called a “sensitive collection program,” targeting large numbers of Americans. The language of Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation – a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns.
In response to a court order in our lawsuit, in September 2013, the government released hundreds of pages of previously secret FISA documents detailing the court’s interpretation of Section 215, including an opinion excoriating the NSA for misusing its mass surveillance database for years. In October 2013, the government released a second batch of documents related to Section 215, which showed, among other things, that the NSA had collected cell site location without notifying its oversight committees in Congress or the FISA court.
EFF’s lawsuit came after the DOJ failed to respond to a Freedom of Information Act (FOIA) request on the interpretation and use of Section 215. The suit demanded records describing the types of “tangible things” that have been collected so far, the legal basis for the “sensitive collection program,” and information on the how many people have been affected by Section 215 orders.
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1]PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]
History
Slide showing that much of the world’s communications flow through the US
Details of information collected via PRISM
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]
Slide listing companies and the date that PRISM collection began
Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13]The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]
Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]
Response from United States government
Executive branch
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]
Legislative branch
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]
Representative John Boehner (R-OH), Speaker of the House of Representatives
June 11 “He’s a traitor”[50] (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]
Senator Mark Udall (D-CO)
June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]
Representative Todd Rokita (R-IN)
June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]
Senator Rand Paul (R-KY)
June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]
Representative Luis Gutierrez (D-IL)
June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]
Judicial branch
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]
Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]
Involvement of other countries
Australia
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]
Canada
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]
Germany
Germany did not receive any raw PRISM data, according to a Reuters report.[59]
Israel
Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
New Zealand
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]
United Kingdom
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]
Domestic response
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)
The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]
International response
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]
Russia has offered to consider an asylum request from Edward Snowden.[91]
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]
Background
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]
History
Slide showing that much of the world’s communications flow through the US.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]
Technology
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]
The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
the Government Communications Headquarters of the United Kingdom,
the National Security Agency of the United States,
the Communications Security Establishment of Canada,
the Defence Signals Directorate of Australia, and
the Government Communications Security Bureau of New Zealand.
the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]
Capabilities
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]
Controversy
See also: Industrial espionage
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
Hardware
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]
Name
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]
Ground stations
The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
Hong Kong (since closed)
Australian Defence Satellite Communications Station (Geraldton, Western Australia)
Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
Misawa Air Base (Japan) Map
GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
Sugar Grove (West Virginia, U.S.) Map
Yakima Training Center (Washington, U.S.) Map
GCSB Waihopai (New Zealand)
GCSB Tangimoana (New Zealand)
CFS Leitrim (Ontario, Canada)
Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
Ayios Nikolaos (Cyprus – U.K.)
BadAibling Station (BadAibling, Germany – U.S.)
relocated to Griesheim in 2004[19]
deactivated in 2008[20]
Buckley Air Force Base (Aurora, Colorado)
Fort Gordon (Georgia, U.S.)
Gander (Newfoundland & Labrador, Canada)
Guam (Pacific Ocean, U.S.)
Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]
Description
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
Lawsuit
Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]
More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security.[7] The data mostly comes from the NSA, FBI, CIA, as well as other government sources.[7]
Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
President George W. Bush gestures as he addresses an audience Wednesday, July 20, 2005 at the Port of Baltimore in Baltimore, Md., encouraging the renewal of provisions of the Patriot Act.
The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United StatesCongress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title’s provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.
Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights.
The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with “Crimes and Criminal Procedure“. It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies’ powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.
Two sections dealt with the interception of communications by the United States government.
Section 201 is titled Authority to intercept wire, oral, and electronic communications relating to terrorism. This section amended 18 U.S.C.§ 2516 (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency.
The Attorney General’s subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General.
The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by 18 U.S.C.§ 2332):
Section 202 is titled Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses, and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.[3][4]
Section 203: Authority to share criminal investigative information
Section 203 (Authority to share criminal investigation information) modified the Federal Rules of Criminal Procedure with respect to disclosure of information before the grand jury (Rule 6(e)). Section 203(a) allowed the disclosure of matters in deliberation by the grand jury, which are normally otherwise prohibited, if:
a court orders it (before or during a judicial proceeding),
a court finds that there are grounds for a motion to dismiss an indictment because of matters before the Grand Jury,
if the matters in deliberation are made by an attorney for the government to another Federal grand jury,
an attorney for the government requests that matters before the grand jury may reveal a violation of State criminal law,
the matters involve foreign intelligence or counterintelligence or foreign intelligence information. Foreign intelligence and counterintelligence was defined in section 3 of the National Security Act of 1947,[5] and “foreign intelligence information” was further defined in the amendment as information about:
an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
sabotage or international terrorism by a foreign power or an agent of a foreign power; or
clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
information about a foreign power or foreign territory that relates to the national defense or the security of the United States or the conduct of the foreign affairs of the United States.’.
information about non-U.S. and U.S. citizens
203(a) gave the court the power to order a time within which information may be disclosed, and specified when a government agency may use information disclosed about a foreign power. The rules of criminal procedure now state that “within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.”
Section 203(b) modified 18 U.S.C.§ 2517, which details who is allowed to learn the results of a communications interception, to allow any investigative or law enforcement officer, or attorney for the Government to divulge foreign intelligence, counterintelligence or foreign intelligence information to a variety of Federal officials. Specifically, any official who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from this could divulge this information to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The definition of “foreign intelligence” was the same as section 203(a), with the same ability to define “foreign intelligence” to be intelligence of a non-U.S. and U.S. citizen. The information received must only be used as necessary in the conduct of the official’s official duties.[6]
The definition of “foreign intelligence information” is defined again in Section 203(d).
Section 203(c) specified that the Attorney General must establish procedures for the disclosure of information due to 18 U.S.C.§ 2517 (see above), for those people who are defined as U.S. citizens.[7]
Section 204: Limitations on communication interceptions
Section 204 (Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication) removed restrictions from the acquisition of foreign intelligence information from international or foreign communications. It was also clarified that the Foreign Intelligence Surveillance Act of 1978 should not only be the sole means of electronic surveillance for just oral and wire intercepts, but should also include electronic communication.[8][9]
Section 205: Employment of translators by the FBI
Under section 205 (Employment of translators by the Federal Bureau of Investigation), the Director of the Federal Bureau of Investigation is now allowed to employ translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. However, he must report to the House Judiciary Committee and Senate Judiciary Committee the number of translators employed and any legal reasons why he cannot employ translators from federal, state, or local agencies.[10]
Section 206: Roving surveillance authority
The Foreign Intelligence Surveillance Act of 1978[11] allows an applicant access to all information, facilities, or technical assistance necessary to perform electronic surveillance on a particular target. The assistance given must protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. The direction could be made at the request of the applicant of the surveillance order, by a common carrier, landlord, custodian or other specified person. Section 206 (Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978) amended this to add:
or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a particular person.
This allows intelligence agencies to undertake “roving” surveillance: they do not have to specify the exact facility or location where their surveillance will be done. Roving surveillance was already specified for criminal investigations under 18 U.S.C.§ 2518(11), and section 206 brought the ability of intelligence agencies to undertake such roving surveillance into line with such criminal investigations. However, the section was not without controversy, as James X. Dempsey, the Executive Director of the Center for Democracy & Technology, argued that a few months after the Patriot Act was passed the Intelligence Authorization Act was also passed that had the unintended effect of seeming to authorize “John Doe” roving taps — FISA orders that identify neither the target nor the location of the interception (see The Patriot Debates, James X. Dempsey debates Paul Rosenzweig on section 206).[12]
Section 207: Duration of FISA surveillance on agents of a foreign powe
Previously FISA only defined the duration of a surveillance order against a foreign power (defined in 50 U.S.C.§ 1805(e)(1)) . This was amended by section 207 (Duration of FISA surveillance of non-United States persons who are agents of a foreign power) to allow surveillance of agents of a foreign power (as defined in section 50 U.S.C.§ 1801(b)(1)(A)) for a maximum of 90 days. Section 304(d)(1) was also amended to extend orders for physical searches from 45 days to 90 days, and orders for physical searches against agents of a foreign power are allowed for a maximum of 120 days. The act also clarified that extensions for surveillance could be granted for a maximum of a year against agents of a foreign power.[13]
Section 208: Designation of judges
Section 103(A) of FISA was amended by Section 208 (Designation of judges) of the Patriot Act to increase the number of federal district court judges who must now review surveillance orders from seven to 11. Of these, three of the judges must live within 20 miles (32 km) of the District of Columbia.[14]
Section 209: Seizure of voice-mail messages pursuant to warrants
Section 209 (Seizure of voice-mail messages pursuant to warrants) removed the text “any electronic storage of such communication” from title 18, section 2510 of the United States Code. Before this was struck from the Code, the U.S. government needed to apply for a title III wiretap order[15] before they could open voice-mails, however now the government only need apply for an ordinary search. Section 2703, which specifies when a “provider of electronic communication services” must disclose the contents of stored communications, was also amended to allow such a provider to be compelled to disclose the contents via a search warrant, and not a wiretap order. According to Vermont senator Patrick Leahy, this was done to “harmonizing the rules applicable to stored voice and non-voice (e.g., e-mail) communications”.[16][17]
Section 210 & 211: Scope of subpoenas for records of electronic communications
The U.S. Code specifies when the U.S. government may require a provider of an electronic communication service to hand over communication records.[18] It specifies what that provider must disclose to the government,[19] and was amended by section 210 (Scope of subpoenas for records of electronic communications) to include records of session times and durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used, even if this may only be temporary. For instance, this would include temporarily assigned IP addresses, such as those established by DHCP.[20]
Section 211 (Clarification of scope) further clarified the scope of such orders. 47 U.S.C.§ 551 (Section 631 of the Communications Act of 1934) deals with the privacy granted to users of cable TV. The code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of records revealing cable subscriber selection of video programming from a cable operator.[21]
Section 212: Emergency disclosure of electronic communications
Section 212 (Emergency disclosure of electronic communications to protect life and limb) amended the US Code to stop a communications provider from providing communication records (not necessarily relating to the content itself) about a customer’s communications to others.[22] However, should the provider reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person then the communications provider can now disclose this information. The act did not make clear what “reasonably” meant.
A communications provider could also disclose communications records if:
a court orders the disclosure of communications at the request of a government agency (18 U.S.C.§ 2703)
the customer allows the information to be disclosed
if the service provider believes that they must do so to protect their rights or property.
Section 213 (Authority for delaying notice of the execution of a warrant) amended the US Code to allow the notification of search warrants[24] to be delayed.[25] This section has been commonly referred to as the “sneak and peek” section, a phrase originating from the FBI[citation needed] and not, as commonly believed, from opponents of the Patriot Act. The U.S. government may now legally search and seize property that constitutes evidence of a United States criminal offense without immediately telling the owner. The court may only order the delayed notification if they have reason to believe it would hurt an investigation — delayed notifications were already defined in 18 U.S.C.§ 2705 — or, if a search warrant specified that the subject of the warrant must be notified “within a reasonable period of its execution,” then it allows the court to extend the period before the notification is given, though the government must show “good cause”. If the search warrant prohibited the seizure of property or communications, then the search warrant could then be delayed.
Section 214: Pen register and trap and trace authority
FISA was amended by section 214 (Pen register and trap and trace authority under FISA) to clarify that pen register and trap and trace surveillance can be authorised to allow government agencies to gather foreign intelligence information.[27] Where the law only allowed them to gather surveillance if there was evidence of international terrorism, it now gives the courts the power to grant trap and traces against:
non-U.S. citizens.
those suspected of being involved with international terrorism,
those undertaking clandestine intelligence activities
Section 215: Access to records and other items under FISA
This section is commonly referred to as the “library records” provision[29] because of the wide range of personal material that can be investigated.[30][31]
FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official’s rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by “tangible things”: it includes “books, records, papers, documents, and other items”.
It is specified that any such investigation must be conducted in accordance with guidelines laid out in Executive Order 12333 (which pertains to United States intelligence activities). Investigations must also not be performed on U.S. citizens who are carrying out activities protected by the First Amendment to the Constitution of the United States.
Any order that is granted must be given by a FISA court judge or by a magistrate judge who is publicly designated by the Chief Justice of the United States to allow such an order to be given. Any application must prove that it is being conducted without violating the First Amendment rights of any U.S. citizens. The application can only be used to obtain foreign intelligence information not concerning a U.S. citizen or to protect against international terrorism or clandestine intelligence activities.
This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.
The section carries a gag order stating that “No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section”. Senator Rand Paul stated that the non-disclosure is imposed for one year,[32] though this is not explicitly mentioned in the section.
In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in “good faith” from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.
During a House Judiciary hearing on domestic spying on July 17, 2013 John C. Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations.[34] “Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.[34][35] NSA officials had said previously that data mining was limited to two hops, but Inglis suggested that the Foreign Intelligence Surveillance Court has allowed for data analysis extending “two or three hops”.[36]
Section 216: Authority to issue pen registers and trap and trace devices[edit]
Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.
Limitations
18 U.S.C.§ 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.
Making and carrying out orders
It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance. If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual.
If a pen register or trap and trace device is used on a packet-switched data network, then the agency doing surveillance must keep a detailed log containing:
any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
the configuration of the device at the time of its installation and any subsequent modification made to the device; and
any information which has been collected by the device
This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device. This must be done within 30 days after termination of the order.
Orders must now include the following information:[37]
the identifying number of the device under surveillance
the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied
if a trap and trace device is installed, the geographic limits of the order must be specified
This section amended the non-disclosure requirements of 18 U.S.C.§ 3123(d)(2) by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.
Definitions
The following terms were redefined in the US Code’s chapter 206 (which solely deals with pen registers and trap and trace devices):
Court of competent jurisdiction: defined in 18 U.S.C.§ 3127(2), subparagraph A was stricken and replaced to redefine the court to be any United States district court (including a magistrate judge of such a court) or any United States court of appeals havingjurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices)
Pen register: defined in 18 U.S.C.§ 3127(3), the definition of such a device was expanded to include a device that captures dialing, routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. 18 U.S.C.§ 3124(b) was also similarly amended.
Trap and trace device: defined in 18 U.S.C.§ 3127(4), the definition was similarly expanded to include the dialing, routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a “process”, not just a device.
Contents:18 U.S.C.§ 3127(1) clarifies the term “contents” (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in 18 U.S.C.§ 2510(8), which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Section 217: Interception of computer trespasser communications
Section 217 (Interception of computer trespasser communications) firstly defines the following terms:
Protected computer: this is defined in 18 U.S.C.§ 1030(e)(2)(A), and is any computer that is used by a financial institution or the United States Government or one which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
Computer trespasser: this is defined in 18 U.S.C.§ 2510(21) and references to this phrase means
a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer
Amendments were made to 18 U.S.C.§ 2511(2) to make it lawful to allow a person to intercept the communications of a computer trespasser if
the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
the person is lawfully engaged in an investigation,
the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
any communication captured can only relate to those transmitted to or from the computer trespasser.
Section 218: Foreign intelligence information
Section 218 (Foreign intelligence information) amended 50 U.S.C.§ 1804(a)(7)(B) and 50 U.S.C.§ 1823(a)(7)(B) (both FISA sections 104(a) (7)(B) and section 303(a)(7)(B), respectively) to change “the purpose” of surveillance orders under FISA to gain access to foreign intelligence to “significant purpose”. Mary DeRosa, in The Patriot Debates, explained that the reason behind this was to remove a legal “wall” which arose when criminal and foreign intelligence overlapped. This was because the U.S. Department of Justice interpreted “the purpose” of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says “was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases”. However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that “the Department of Justice argued to the FISA Court of Review in 2002 that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section 218 somewhat murky.”[38]
Section 219: Single-jurisdiction search warrants for terrorism
Section 219 (Single-jurisdiction search warrants for terrorism) amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district.[39]
Section 220: Nationwide service of search warrants for electronic evidence
Section 220 (Nationwide service of search warrants for electronic evidence) gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance. However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U.S.C.§ 2703 and 18 U.S.C.§ 2711.
Section 221: Trade sanctions
Section 221 (Trade sanctions) amended the Trade Sanctions Reform and Export Enhancement Act of 2000.[40] This Act prohibits, except under certain specific circumstances, the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction.[41] It also amended the act to include the Taliban as state sponsors of international terrorism. In amending Title IX, section 906 of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government.[42] However, the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea were exempt from such a restriction.[43]
The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:
any foreign entity or individual who is subject to any restriction for involvement in weapons of mass destruction or missile proliferation.
Section 222: Assistance to law enforcement agencies
Section 222 (Assistance to law enforcement agencies) states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act. It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.[47]
Section 223: Civil liability for certain unauthorized disclosures
18 U.S.C.§ 2520(a) allows any person who has had their rights violated due to the illegal interception of communications to take civil action against the offending party. Section 223 (Civil liability for certain unauthorized disclosures) excluded the United States from such civil action.
If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter 119 of the U.S. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action.[48]
A citizen’s rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in 18 U.S.C.§ 2517(a).[49]
U.S. Code Title 18, Section 2712 added
A totally new section was appended to Title 18, Chapter 121 of the US Code: Section 2712, “Civil actions against the United States”. It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter 121,chapter 119, or sections 106(a), 305(a), or 405(a) of FISA. The court may assess damages no less than $US10,000 and litigation costs that are reasonably incurred. Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act.
Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation. All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party.[50]
If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this “where such disclosure is necessary to make an accurate determination of the legality of the surveillance”.[50] If it then determined that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the result of such surveillance may be suppressed as evidence. However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.[51]
It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter 121 of the U.S. Code they will request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. (see[49] for a similar part of the Act)
Section 224: Sunset
This article is outdated. Please update this article to reflect recent events or newly available information.(November 2010)
Section 224 (Sunset) is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, 2005, with the exception of the below sections. However, on December 22, 2005, the sunset clause expiration date was extended to February 3, 2006, and then on February 2, 2006 it was further extended to March 10:
Title II sections that did not expire on March 10, 2006
Section
Section title
203(a)
Authority to share criminal investigation information : Authority to share Grand Jury information
203(c)
Authority to share criminal investigation information : Procedures
205
Employment of translators by the Federal Bureau of Investigation
208
Designation of judges
210
Scope of subpoenas for records of electronic communications
211
Clarification of scope
213
Authority for delaying notice of the execution of a warrant
216
Modification of authorities relating to use of pen registers and trap and trace devices
219
Single-jurisdiction search warrants for terrorism
221
Trade sanctions
222
Assistance to law enforcement agencies
Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.
Section 225: Immunity for compliance with FISA wiretap[edit]
Section 225 (Immunity for compliance with FISA wiretap) gives legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance. This was added to FISA as section 105 (50 U.S.C.§ 1805).
Jump up^18 U.S.C.§ 3103a(a) states that “a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”
Jump up^This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
Jump up^This is defined in Executive Order No. 13224: “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism”
NSA Whistle-blower William Binney: The Future of FREEDOM
A 36-year veteran of America’s Intelligence Community, William Binney resigned from his position as Director for Global Communications Intelligence (COMINT) at the National Security Agency (NSA) and blew the whistle, after discovering that his efforts to protect the privacy and security of Americans were being undermined by those above him in the chain of command.
The NSA data-monitoring program which Binney and his team had developed — codenamed ThinThread — was being aimed not at foreign targets as intended, but at Americans (codenamed as Stellar Wind); destroying privacy here and around the world. Binney voices his call to action for the billions of individuals whose rights are currently being violated.
William Binney speaks out in this feature-length interview with Tragedy and Hope’s Richard Grove, focused on the topic of the ever-growing Surveillance State in America.
On January 22, 2015: (Berlin, Germany) – The Government Accountability Project (GAP) is proud to announce that retired NSA Technical Director and GAP client, William “Bill” Binney, will accept the Sam Adams Associates for Integrity in Intelligence Award today in Berlin, Germany. The award is presented annually by the Sam Adams Associates for Integrity in Intelligence (SAAII) to a professional who has taken a strong stand for ethics and integrity. http://whistleblower.org/press/nsa-wh…
NSA Whistle-blower: Everyone in US under virtual surveillance, all info stored, no matter the post
Former NSA Head Exposes Agency’s Real Crimes
Edward Snowden, v 1.0: NSA Whistleblower William Binney Tells All
“Where I see it going is toward a totalitarian state,” says William Binney. “You’ve got the NSA doing all this collecting of material on all of its citizens – that’s what the SS, the Gestapo, the Stasi, the KGB, and the NKVD did.”
Binney is talking about the collection of various forms of personal data on American citizens by the National Security Agency (NSA), where he worked for 30 years before quitting in 2001 from his high-placed post as technical leader for intelligence. A registered Republican for most of his life, Binney volunteered for military service during the Vietnam War, which led to his being hired by the NSA in the early ’70s.
In 2002 – long before the revelations of Edward Snowden rocked the world – Binney and several former colleagues went to Congress and the Department of Defense, asking that the NSA be investigated. Not only was the super-secretive agency wasting taxpayer dollars on ineffective programs, they argued, it was broadly violating constitutional guarantees to privacy and due process.
The government didn’t just turn a blind eye to the agency’s activities; it later accused the whistleblowers of leaking state secrets. A federal investigation of Binney – including an FBI search and seizure of his home and office computers that destroyed his consulting business – exonerated him on all charges.
“We are a clear example that [going through] the proper channels doesn’t work,” says Binney, who approves of Edward Snowden’s strategy of going straight to the media. At the same time, Binney criticizes Snowden’s leaking of documents not directly related to the NSA’s surveillance of American citizens and violation of constitutional rights. Binney believes that the NSA is vital to national security but has been become unmoored due to technological advances that vastly extend its capabilities and leadership that has no use for limits on government power. “They took that program designed [to prevent terrorist attacks] and used it to spy on American citizens and everyone else in the world,” flatly declares Binney (33:30).
Binney sat down with Reason TV’s Nick Gillespie to discuss “Trailblazer”, a data-collection program which was used on American citizens (1:00), why he thinks the NSA had the capability to stop the 9/11 attacks (7:00), his experience being raided by the FBI in 2007 (12:50), and why former President Gerald Ford, usually regarded as a hapless time-server, is one of his personal villians (41:25).
NSA Whistle-Blower Tells All: The Program | Op-Docs | The New York Times
William Binney: NSA had 9/11 foreknowledge
NSA Whistleblower Supports 9/11 Truth – William Binney and Richard Gage on GRTV
“The NSA Is Lying”: U.S. Government Has Copies of Most of Your Emails Says NSA Whistleblower
William Edward Binney[2] is a former highly placed intelligence official with the United States National Security Agency (NSA)[3] turned whistleblower who resigned on October 31, 2001, after more than 30 years with the agency. He was a high-profile critic of his former employers during the George W. Bush administration.
Binney continues to speak out during Barack Obama‘s presidency about the NSA’s data collection policies, and continues interviews in the media regarding his experiences and his views on communication intercepts by governmental agencies of American citizens. In a legal case, Binney has testified in an affidavit that the NSA is in deliberate violation of the U.S. Constitution.
Biography
Binney grew up in rural Pennsylvania and graduated with a Bachelor of Science degree in mathematics from the Pennsylvania State University in 1970. He said that he volunteered for the Army during the Vietnam era in order to select work that would interest him rather than be drafted and have no input. He was found to have strong aptitudes for mathematics, analysis, and code-breaking,[4] and served four years from 1965–1969 at the Army Security Agency before going to the NSA in 1970. Binney was a Russia specialist and worked in the operations side of intelligence, starting as an analyst and ending as Technical Director prior to becoming a geopolitical world Technical Director. In the 1990s, he co-founded a unit on automating signals intelligence with NSA research chief Dr. John Taggart.[5] Binney’s NSA career culminated as Technical Leader for intelligence in 2001. Having expertise in intelligence analysis, traffic analysis, systems analysis, knowledge management, and mathematics (including set theory, number theory, and probability),[6] Binney has been described as one of the best analysts in the NSA’s history.[7] After retiring from the NSA he founded “Entity Mapping, LLC”, a private intelligence agency together with fellow NSA whistleblower J. Kirk Wiebe to market their analysis program to government agencies. NSA continued to retaliate against them, ultimately preventing them from getting work, or causing contracts they had secured to be terminated abruptly.[8]
Whistleblowing
Binney sitting in the offices ofDemocracy Now! in New York City, prior to appearing with hosts Amy Goodman, Juan Gonzalez, and guest Jacob Appelbaum. Photo taken byJacob Appelbaum.
In September 2002, he, along with J. Kirk Wiebe and Edward Loomis, asked the U.S. Defense Department to investigate the NSA for allegedly wasting “millions and millions of dollars” on Trailblazer, a system intended to analyze data carried on communications networks such as the Internet. Binney had been one of the inventors of an alternative system, ThinThread, which was shelved when Trailblazer was chosen instead. Binney has also been publicly critical of the NSA for spying on U.S. citizens, saying of its expanded surveillance after the September 11, 2001 attacks that “it’s better than anything that the KGB, the Stasi, or the Gestapo and SS ever had”[9] as well as noting Trailblazer’s ineffectiveness and unjustified high cost compared to the far less intrusive ThinThread.[10] He was furious that the NSA hadn’t uncovered the 9/11 plot and stated that intercepts it had collected but not analyzed likely would have garnered timely attention with his leaner more focused system.[7]
After he left the NSA in 2001, Binney was one of several people investigated as part of an inquiry into the 2005 New York Times exposé[11][12] on the agency’s warrantless eavesdropping program. Binney was cleared of wrongdoing after three interviews with FBI agents beginning in March 2007, but one morning in July 2007, a dozen agents armed with rifles appeared at his house, one of whom entered the bathroom and pointed his gun at Binney, still towelling off from a shower. In that raid, the FBI confiscated a desktop computer, disks, and personal and business records. The NSA revoked his security clearance, forcing him to close a business he ran with former colleagues at a loss of a reported $300,000 in annual income. In 2012, Binney and his co-plaintiffs went to federal court to get the items back. Binney spent more than $7,000 on legal fees.[13]
During interviews on Democracy Now! in April and May 2012[14] with elaboration in July 2012 at 2600’s hacker conference HOPE[4] and at DEF CON a couple weeks later,[15]Binney repeated estimates that the NSA (particularly its Stellar Wind project[16]) had intercepted 20 trillion communications “transactions” of Americans such as phone calls, emails, and other forms of data (but not including financial data). This includes most of the emails of US citizens. Binney disclosed in an affidavit for Jewel v. NSA[17] that the agency was “purposefully violating the Constitution”.[6] Binney also notes that he found out after retiring that the NSA was pursuing collect-it-all vs. targeted surveillance even before the 9/11 attacks.
Binney was invited as a witness by the NSA commission of the German Bundestag. On July 3, 2014 the Spiegel wrote, he said that the NSA wanted to have information about everything. In Binney’s view this is a totalitarian approach, which had previously been seen only in dictatorships.[18] Binney stated the goal was also to control people. Meanwhile, he said it is possible in principle to survey the whole population, abroad and in the US, which in his view contradicts the United States Constitution. In October 2001, shortly after the 9/11 attacks, the NSA began with its mass surveillance, he said. Therefore, he left the secret service shortly afterwards, after more than 30 years of employment. Binney mentioned that there were about 6000 analysts in the surveillance at NSA already during his tenure. According to him, everything changed after 9/11. The NSA used the attacks as a justification to start indiscriminate data collection. “This was a mistake. But they still do it”, he said. The secret service was saving the data as long as possible: “They do not discard anything. If they have anything they keep it.” Since then, the NSA has been saving collected data indefinitely. Binney said he deplored the NSA’s development of the past few years, to collect data not only on groups who are suspicious for criminal or terrorist activities. “We have moved away from the collection of these data to the collection of data of the 7 billion people on our planet.” Binney said he argued even then, to only pull relevant data from the cables. Access to the data was granted to departments of the government or the IRS.[18]
In August 2014 Binney was among the signatories of an open letter by the group Veteran Intelligence Professionals for Sanity to German chancellor Angela Merkel in which they urged the Chancellor to be suspicious of U.S. intelligence regarding the alleged invasion of Russia in Eastern Ukraine.[19][20]
“An especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors.”[1]
Status
Active
Statistics
Established
1960
First awarded
1960
Distinct
recipients
unknown; an average of fewer than 11 per year since 1993 [2]
Service ribbon of the Presidential Medal of Freedom
(left: Medal with Distinction)
The Presidential Medal of Freedom is an award bestowed by the President of the United States and is—along with the comparable Congressional Gold Medal, bestowed by an act of U.S. Congress—the highest civilian award of the United States. It recognizes those individuals who have made “an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors”.[3] The award is not limited to U.S. citizens and, while it is a civilian award, it can also be awarded to military personnel and worn on the uniform.
It was established in 1963 and replaced the earlier Medal of Freedom that was established by President Harry S. Truman in 1945 to honor civilian service duringWorld War II.
History of the award
Similar in name to the Medal of Freedom,[3] but much closer in meaning and precedence to the Medal for Merit: the Presidential Medal of Freedom is currently the supreme civilian decoration in precedence, whereas the Medal of Freedom was inferior in precedence to the Medal for Merit; the Medal of Freedom was awarded by any of three Cabinet secretaries, whereas the Medal for Merit was awarded by the president, as is the Presidential Medal of Freedom. Another measure of the difference between these two similarly named but very distinct awards is their per-capita frequency of award: from 1946 to 1961 the average annual incidence of award of the Medal of Freedom was approximately 1 per every 86,500 adult U.S. citizens; from 1996 to 2011 the average annual incidence of award of the Presidential Medal of Freedom was approximately 1 per every 20,500,000 adult U.S. citizens (so on an annualized per capita basis, 240 Medals of Freedom have been awarded per one Presidential Medal of Freedom).[2][4]
President John F. Kennedy established the current decoration in 1963 through Executive Order11085, with unique and distinctive insignia, vastly expanded purpose, and far higher prestige.[1] It was the first U.S. civilian neck decoration and, in the grade of Awarded With Distinction, is the only U.S. sash and star decoration (the Chief Commander degree of the Legion of Merit – which may only be awarded to foreign heads of state – is a star decoration, but without a sash). The Executive Order calls for the medal to be awarded annually on or around July 4, and at other convenient times as chosen by the president,[5] but it has not been awarded every year (e.g., 2001, 2010). Recipients are selected by the president, either on his own initiative or based on recommendations. The order establishing the medal also expanded the size and the responsibilities of the Distinguished Civilian Service Awards Board so it could serve as a major source of such recommendations.
Medal andaccoutrementsincluding undress ribbon, miniature, and lapel badge.
Graphical representation of the Presidential Medal of Freedom with Distinction
The badge of the Presidential Medal of Freedom is in the form of a golden star with white enamel, with a red enamel pentagon behind it; the central disc bears thirteen gold stars on a blue enamel background (taken from the Great Seal of the United States) within a golden ring. Golden American bald eagles with spread wings stand between the points of the star. It is worn around the neck on a blue ribbon with white edge stripes.
A special grade of the medal, known as the Presidential Medal of Freedom with Distinction,[6] has a larger execution of the same medal design worn as a star on the left chest along with a sash over the right shoulder (similar to how the insignia of a Grand Cross is worn), with its rosette (blue with white edge, bearing the central disc of the medal at its center) resting on the left hip. When the medal With Distinction is awarded, the star may be presented depending from a neck ribbon and can be identified by its larger size than the standard medal (compare size of medals in pictures below; President Reagan’s was awarded With Distinction).
Both medals may also be worn in miniature form on a ribbon on the left chest, with a silver American bald eagle with spread wings on the ribbon, or a golden American bald eagle for a medal awarded With Distinction. In addition, the medal is accompanied by a service ribbon for wear on military service uniform, a miniature medal pendant for wear on mess dress or civilian formal wear, and a lapel badge for wear on civilian clothes (all shown in the accompanying photograph of the full presentation set).
Gordon B. Hinckleyreceiving the Presidential Medal of Freedom from George W. Bush in 2004
Chita Rivera with President Barack Obamaprior to receiving the Presidential Medal of Freedom, August 2009
President Barack Obama talks with Stephen Hawking in the Blue Room of the White House before a ceremony presenting him and 15 others the Presidential Medal of Freedom, August 12, 2009.
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1]PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]
History
Slide showing that much of the world’s communications flow through the US
Details of information collected via PRISM
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]
Slide listing companies and the date that PRISM collection began
Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13]The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]
Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]
Response from United States government
Executive branch
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]
Legislative branch
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]
Representative John Boehner (R-OH), Speaker of the House of Representatives
June 11 “He’s a traitor”[50] (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]
Senator Mark Udall (D-CO)
June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]
Representative Todd Rokita (R-IN)
June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]
Senator Rand Paul (R-KY)
June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]
Representative Luis Gutierrez (D-IL)
June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]
Judicial branch
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]
Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]
Involvement of other countries
Australia
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]
Canada
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]
Germany
Germany did not receive any raw PRISM data, according to a Reuters report.[59]
Israel
Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
New Zealand
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]
United Kingdom
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]
Domestic response
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)
The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]
International response
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]
Russia has offered to consider an asylum request from Edward Snowden.[91]
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]
Background
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]
History
Slide showing that much of the world’s communications flow through the US.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]
Technology
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]
The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
the Government Communications Headquarters of the United Kingdom,
the National Security Agency of the United States,
the Communications Security Establishment of Canada,
the Defence Signals Directorate of Australia, and
the Government Communications Security Bureau of New Zealand.
the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]
Capabilities
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]
Controversy
See also: Industrial espionage
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
Hardware
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]
Name
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]
Ground stations
The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
Hong Kong (since closed)
Australian Defence Satellite Communications Station (Geraldton, Western Australia)
Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
Misawa Air Base (Japan) Map
GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
Sugar Grove (West Virginia, U.S.) Map
Yakima Training Center (Washington, U.S.) Map
GCSB Waihopai (New Zealand)
GCSB Tangimoana (New Zealand)
CFS Leitrim (Ontario, Canada)
Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
Ayios Nikolaos (Cyprus – U.K.)
BadAibling Station (BadAibling, Germany – U.S.)
relocated to Griesheim in 2004[19]
deactivated in 2008[20]
Buckley Air Force Base (Aurora, Colorado)
Fort Gordon (Georgia, U.S.)
Gander (Newfoundland & Labrador, Canada)
Guam (Pacific Ocean, U.S.)
Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]
Description
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
Lawsuit
Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]
More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security.[7] The data mostly comes from the NSA, FBI, CIA, as well as other government sources.[7]
Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
Story 1: Obama Proposed New Cyber security Law — Unsecured Government Computers and Sites Are The Real Problem — Videos
Obama renews push for cybersecurity law
ISIS #CyberCalipHATE Attack Hacked USA Military Central Command website
Obama Signs Five ‘Cybersecurity’ Measures Into Law!
10 Cyber Security Facts
Carlos Creus Moreira TV Interview Bloomberg London on the State of Cybersecurity
Carlos Creus Moreira, Founder CEO WISeKey Interviewed by Swiss TV
The State of Cyber Security 2011 – Presented by Sophos and the National Cyber Security Alliance
Uploaded on Nov 14, 2011
The latest trends in cyber crime, what you can do to protect yourself, and how the government can work with the private sector to help share information. Speakers include Michael Kaiser of NCSA, Chester Wisniewski of Sophos Inc and Rob Strayer of the Bipartisan Policy Center.
SECURING CYBERSPACE – President Obama Announces New Cybersecurity Legislative Proposal and Other Cybersecurity Efforts
“In this interconnected, digital world, there are going to be opportunities for hackers to engage in cyber assaults both in the private sector and the public sector. Now, our first order of business is making sure that we do everything to harden sites and prevent those kinds of attacks from taking place…But even as we get better, the hackers are going to get better, too. Some of them are going to be state actors; some of them are going to be non-state actors. All of them are going to be sophisticated and many of them can do some damage.
This is part of the reason why it’s going to be so important for Congress to work with us and get an actual bill passed that allows for the kind of information-sharing we need. Because if we don’t put in place the kind of architecture that can prevent these attacks from taking place, this is not just going to be affecting movies, this is going to be affecting our entire economy in ways that are extraordinarily significant.”
– President Obama, December 19, 2014.
Since the start of his Administration, when he issued the Cyberspace Policy Review — the first top-to-bottom, Administration-wide review of cybersecurity — President Obama has led efforts to better prepare our government, our economy, and our nation as a whole for the growing cyber threats we face.
That’s why in 2011 he issued his Cybersecurity Legislative Proposal, calling on Congress to take urgent action to give the private sector and government the tools they need to combat cyber threats at home and abroad. It’s why he issued the International Strategy for Cyberspace to make clear to nations abroad the foreign policy priority cybersecurity issues have become. And when Congress failed to pass comprehensive cybersecurity legislation, the Administration pressed forward, issuing an Executive Order to protect critical infrastructure by establishing baseline cybersecurity standards that we developed collaboratively with industry.
Today, at a time when public and private networks are facing an unprecedented threat from rogue hackers as well as organized crime and even state actors, the President is unveiling the next steps in his plan to defend the nation’s systems. These include a new legislative proposal, building on important work in Congress, to solve the challenges of information sharing that can cripple response to a cyberattack. They also include revisions to those provisions of our 2011 legislative proposal on which Congress has yet to take action, and along with them, the President is extending an invitation to work in a bipartisan, bicameral manner to advance this urgent priority for the American people.
Specifically, today’s announcements include:
Cybersecurity Legislative Proposal
Enabling Cybersecurity Information Sharing: The Administration’s updated proposal promotes better cybersecurity information sharing between the private sector and government, and it enhances collaboration and information sharing amongst the private sector. Specifically, the proposal encourages the private sector to share appropriate cyber threat information with the Department of Homeland Security’s National Cybersecurity and Communications Integration Center (NCCIC), which will then share it in as close to real-time as practicable with relevant federal agencies and with private sector-developed and operated Information Sharing and Analysis Organizations (ISAOs) by providing targeted liability protection for companies that share information with these entities.
The legislation also encourages the formation of these private-sector led Information Sharing and Analysis Organizations. The Administration’s proposal would also safeguard Americans’ personal privacy by requiring private entities to comply with certain privacy restrictions such as removing unnecessary personal information and taking measures to protect any personal information that must be shared in order to qualify for liability protection. The proposal further requires the Department of Homeland Security and the Attorney General, in consultation with the Privacy and Civil Liberties Oversight Board and others, to develop receipt, retention, use, and disclosure guidelines for the federal government. Finally, the Administration intends this proposal to complement and not to limit existing effective relationships between government and the private sector. These existing relationships between law enforcement and other federal agencies are critical to the cybersecurity mission.
Modernizing Law Enforcement Authorities to Combat Cyber Crime: Law enforcement must have appropriate tools to investigate, disrupt and prosecute cyber crime. The Administration’s proposal contains provisions that would allow for the prosecution of the sale of botnets, would criminalize the overseas sale of stolen U.S. financial information like credit card and bank account numbers, would expand federal law enforcement authority to deter the sale of spyware used to stalk or commit ID theft, and would give courts the authority to shut down botnets engaged in distributed denial of service attacks and other criminal activity. It also reaffirms important components of 2011 proposals to update the Racketeering Influenced and Corrupt Organizations Act (RICO), a key piece of law used to prosecute organized crime, so that it applies to cybercrimes, clarifies the penalties for computer crimes, and makes sure these penalties are in line with other similar non-cyber crimes. Finally, the proposal modernizes the Computer Fraud and Abuse Act by ensuring that insignificant conduct does not fall within the scope of the statute, while making clear that it can be used to prosecute insiders who abuse their ability to access information to use it for their own purposes.
National Data Breach Reporting: As announced yesterday, the Administration has also updated its proposal on security breach reporting. State laws have helped consumers protect themselves against identity theft while also encouraging business to improve cybersecurity, helping to stem the tide of identity theft. These laws require businesses that have suffered an intrusion to notify consumers if consumers’ personal information has been compromised. The Administration’s updated proposal helps business and consumers by simplifying and standardizing the existing patchwork of 46 state laws (plus the District of Columbia and several territories) that contain these requirements into one federal statute, and puts in place a single clear and timely notice requirement to ensure that companies notify their employees and customers about security breaches.
White House Summit on Cybersecurity and Consumer Protection
On February 13, 2015, the White House will host a Summit on Cybersecurity and Consumer Protection at Stanford University, to help shape public and private sector efforts to protect American consumers and companies from growing threats to consumers and commercial networks.
The Summit will bring together major stakeholders on cybersecurity and consumer financial protection issues – including senior leaders from the White House and across the federal government; CEOs from a wide range of industries including the financial services industry, technology and communications companies; computer security companies and the retail industry; as well as law enforcement officials, consumer advocates, technical experts, and students. Topics at the Summit will include increasing public-private partnerships and cybersecurity information sharing, creating and promoting improved cybersecurity practices and technologies, and improving adoption and use of more secure payment technologies.
The Summit is also the next step in the President’s BuySecure Initiative, which was launched in November 2014, and will help advance national efforts the government has led over the last two years with executive orders on consumer financial protection and critical infrastructure cybersecurity. Through keynote speeches, panel discussions, and small group workshops, participants will build on efforts in the public and private sectors to further improve cybersecurity practices at a wide range of companies.
Grants to Historically Black Colleges for Cybersecurity Education
As the President stated in Executive Order 13532, “Promoting Excellence, Innovation, and Sustainability at Historically Black Colleges and Universities” in February 2010, historically black colleges and universities (HBCUs) have made historic and ongoing contributions to the general welfare and prosperity of our country. Established by visionary leaders, America’s HBCUs, for over 150 years, have produced many of the Nation’s leaders in business, government, academia, and the military, and have provided generations of American men and women with hope and educational opportunity. Recognizing that HBCUs serve as engines of opportunity, innovation, and economic growth, Vice President Biden will travel to Norfolk, VA on Thursday to announce that the Department of Energy will provide $25 million in grants over the next five years to support a cybersecurity education consortium consisting of 13 HBCUs and two national labs.
This program, part of the President’s jobs-driven training initiative, will help to fill the growing demand for skilled cybersecurity professionals in the U.S. job market at the same time that it helps to grow the science, technology, engineering, and mathematics (STEM) curricula for HBCUs. The participating schools include two-year colleges, four-year colleges, and research institutions in seven states, plus the Virgin Islands.
President Barack Obama said Tuesday the cyber attacks against Sony and the Pentagon’s Central Command highlight the need for toughened laws on cybersecurity.
Obama made the comment as the White House unveiled a proposal to revive cybersecurity legislation stalled over the past few years.
“With the Sony attack that took place, with the Twitter account that was hacked by Islamist jihadist sympathizers yesterday, it just goes to show how much more work we need to do — both public and private sector — to strengthen our cybersecurity,” the president said at a meeting with congressional leaders.
Obama said he had spoken to the Republican leaders of the House and Senate and “I think we agreed that this is an area where we can work hard together, get some legislation done and make sure that we are much more effective in protecting the American people from these kinds of cyberattacks.”
The proposal unveiled Tuesday would allow increased sharing of information on cyber threats from the private sector with protection from liability. The measure also would criminalize the sale of stolen financial data, and require companies to notify consumers about data breaches.
A White House statement said the updated proposal “promotes better cybersecurity information sharing between the private sector and government, and it enhances collaboration and information sharing amongst the private sector.”
View gallery
The entrance to Sony Pictures Entertainment is seen in Los Angeles, California, on December 4, 2014 …
The plan also “would allow for the prosecution of the sale of botnets, would criminalize the overseas sale of stolen US financial information like credit card and bank account numbers, would expand federal law enforcement authority to deter the sale of spyware used to stalk or commit ID theft, and would give courts the authority to shut down botnets engaged in distributed denial of service attacks and other criminal activity,” the statement said.
The proposal would shield companies from liability if they share information about cyber threats with the Department of Homeland Security, which has been setting up special units for threat analysis and sharing.
Obama was expected to make comments on the initiative later Tuesday at the National Cybersecurity and Communications Integration Center.
Obama has pressed for cybersecurity legislation to allow the private sector to share data on threats without fear of liability for any adverse consequences from the disclosures.
Earlier efforts on cybersecurity legislation have stalled amid opposition from civil libertarians who feared it could allow too much government snooping and conservatives who argued it would create a new bureaucracy.
However, concerns have been heightened by the hacking of Sony Pictures and massive data breaches affecting retailers including Target and Home Depot.
On Monday, the US Central Command suspended its Twitter page after a group declaring sympathy for Islamic State jihadists hacked its social media accounts and posted internal documents.
Rep. Justin Amash cosponsored an amendment that would have defunded the National Security Agency’s unwarranted bulk collection of Americans’ phone data. The measure failed narrowly, but has re-energized the legislative struggle for civil liberties. Amash believes that James Clapper, the Director of National Intelligence, should be prosecuted for lying to Congress. He also says he doesn’t appreciate the “condescending” tone of New Jersey Gov. Chris Christie with respect to the debate over national security.
Glenn Beck Justin Amash Interview On Nsa Surveillance
Congress’s Abdication on NSA Oversight (U.S. Rep. Justin Amash (R-MI))
Justin Amash: President Obama Was ‘Highly Misleading’ In Claiming There’s No Domestic Spying Program
House committee passes NSA reform bill
The House Judiciary Committee passed the National Security Agency reforming “USA Freedom Act” 31-0 Wednesday. The first major piece of legislation seeking to curb the NSA’s collection of electronic information, the bill which has undergone major changes will now proceed to the full House of Representatives. It will be competing with another reform bill that is expected to be approved by the House Intelligence Committee Thursday. RT’s Sam Sacks breaks down the bill and the chances for instituting real reform.
“USA Freedom Act” Bill To Put NSA “Out Of Business”
Fox News Reporting The NSA’s Secret War Who’ The Enemy? 1 of 6
Fox News Reporting The NSA’s Secret War Who’ The Enemy Controversy Not The First Time 2 of
Fox News Reporting The NSA’s Secret War Who’ The Enemy? Controversy? 9 11 3 of 6
Fox News Reporting – The NSA’s Secret War Who’ The Enemy? – Phone Records – 4 of 6
Fox News Reporting – The NSA’s Secret War Who’ The Enemy? – Edward Snowden & Security – 5 of 6
Fox News Reporting – The NSA’s Secret War Who’ The Enemy? – Day Of Reckoning At Hand? – 6 of 6
C-SPAN Callers On The Future Of The National Security Agency (NSA)
James Bamford Says NSA “Exploiting” U.S. Citizens With Info About Their Online Porno Viewing Habits
Yesterday, C4L sent a letter to members of the House Judiciary Committee strongly opposing the Manager’s Amendment to H.R. 3361, the USA FREEDOM Act.
The original version of the act was sold to Americans as a way to rein in the NSA’s domestic surveillance programs, and it would have been a first step towards real reform of the surveillance state since 9/11.
But, that’s seldom the way Congress works. In an effort to “pass something this year,” the Judiciary Committee watered down the legislation and it passed out of the committee unanimously.
Want proof the recent changes to USA Freedom Act make it unworthy of support from civil libertarians? Mike Rogers and Dutch Ruppersberger, the NSA’s biggest cheerleaders in the House,just reported it out of their committee by voice vote.
What’s more likely, that Rogers and Ruppersberger had a change of heart on the NSA? Or that Judiciary watered down the USA FREEDOM Act enough to the point that its “reform” is devoid of any substantive changes?
The bill is now earning plaudits from the same guys who said the original version would “make America less safe,” and from the administration that never wanted you to know they were spying on you in the first place.
Read Campaign for Liberty’s letter to the Judiciary Committee below:
The bill’s architect, Republican James Sensenbrenner, said the bill ‘makes it crystal clear that Congress does not support bulk collection.’ Photo: Chip Somodevilla /Getty
Six months after it was written to restrain the National Security Agency’s sweeping domestic surveillance, a privacy bill cleared a major legislative obstacle on Wednesday, even as its advocates worried that the compromises made to advance the bill have weakened its constraints on mass data collection.
The USA Freedom Act, designed to prevent the US government from collecting US phone data in bulk, passed the House Judiciary Committee by a 32 to zero bi-partisan vote, making it the first surveillance reform bill to proceed out of committee and to the House floor.
But an internal committee breakthrough on Monday that won the support of chairman Bob Goodlatte, a Virginia Republican, significantly recast the bill, softening its prohibitions on aspects of bulk collection and requiring transparency around it.
The bill’s architect, Republican James Sensenbrenner of Wisconsin, who also wrote the 2001 Patriot Act, said the bill “makes it crystal clear that Congress does not support bulk collection.”
While changes to the bill now permit the government to gather call records up to two degrees of separation away from a specific target – potentially millions of records – Sensenbrenner urged his colleagues “not to make the perfect the enemy of the good,” expressing confidence that the revamped USA Freedom Act was on “the fast track to passage.”
Supporters in and outside of Congress concede the latest compromises have left the USA Freedom Act less protective of civil liberties than it was when introduced in October. Its distinctions from a rival bill written by the leaders of the House intelligence committee, the NSA’s strongest Capitol Hill advocates, are somewhat blurred, prompting civil libertarians to become less enthusiastic of a measure they have championed as a fix to the broad NSA powers exposed by whistleblower Edward Snowden.
Representative John Conyers, a Michigan Democrat and longtime USA Freedom Act supporter, said that the new version of the bill was a “less than perfect compromise” that still makes “important, vital, substantive changes” to US surveillance.
The revised USA Freedom Act, “while still better than any other proposal on the board, is a setback from the original,” said Amie Stepanovich of Access, a human rights and digital rights advocacy group.
While the USA Freedom Act has nearly 150 House co-sponsors, and a stalled Senate companion commands 20 votes in the upper chamber, it was clear on Wednesday that the House intelligence committee will continue attempts to outmaneuvre its rival.
The chairman of the intelligence committee, until now a fervent critic of the USA Freedom Act, is now praising a bill he has long criticized, and which several congressional sources said he attempted to influence ahead of Wednesday’s vote.
Representative Mike Rogers, a Michigan Republican who is retiring this year, called the changes to the USA Freedom Act a “huge improvement,” adding in an interview with Foreign Policy magazine that the bill’s architects have “come a lot closer [and] now we’re just trying to work out the wording.”
Rogers is scheduled to mark up his alternative bill, the Fisa Transparency and Modernization Act, on Thursday, a decision USA Freedom Act supporters view as a desperation move. But on Wednesday, Rogers’ committee announced it will also mark up the USA Freedom Act on Thursday, prompting Capitol Hill speculation that Rogers will attempt to merge his bill with the Freedom Act rather than attempt to rally more votes.
House Speaker John Boehner of Ohio had earlier thrown his support behind Rogers’ bill. But now Boehner is said to be monitoring the committe process and keeping his options open. Congressional sources expected Boehner to schedule a vote on a surveillance proposal – of whatever form – as early as the week of 19 May, so the issue does not derail the annual defense budget authorization, though nothing is scheduled yet.
Both bills as originally crafted prevent the NSA from collecting US phone data in bulk, as it has done in secret since 2001, a position that President Barack Obama now embraces. The major difference between the two bills remains the role of judges in authorizing data collection. The Rogers bill permits the government to collect phone and email data absent a judges’ prior order, which the revised USA Freedom Act requires in all but emergency cases.
Additionally, the revised USA Freedom Act permits the government to get phone data two “hops,” or degrees of separation, from the target of the order, which can mean millions of call records reaped from a single court order. The legal standard for that order, for counterterrorism purposes, will be “reasonable articulable suspicion” of connection to an agent of a foreign power, the NSA’s desired framework.
Significantly, the new version of the USA Freedom Act all but stripped out a provision preventing the NSA from combing through its foreign communications dragnets for Americans’ information, something Senator Ron Wyden of Oregon dubbed the “backdoor search provision,” an absence that has deeply upset supporters. Those dragnets exist pursuant to a major 2008 piece of legislation, known as Section 702 of the Fisa Amendments Act.
Congressional sources pointed to new language tightening up prohibitions on the NSA intentionally targeting Americans’ communications at the outset as a palliative. But they conceded the absence of the backdoor search ban was a major change – one they said the NSA’s advocates fought hard for, an indication of how central the NSA considers a power it has rarely forthrightly acknowledged using. They indicated that USA Freedom Act supporters lacked the votes within the committee to pass the bill that retained the backdoor search prohibition.
An attempt by Representative Zoe Lofgren, a California Democrat, to restore the backdoor search provision failed Wednesday. Goodlatte said restoring it would “disrupt this bipartisan agreement.”
Kevin Bankston of the Open Technology Institute said he was “incredibly disappointed” at the new USA Freedom Act’s effective blessing of backdoor searches.
“Especially when we’re expecting the government’s own surveillance watchdog, the Privacy and Civil Liberties Oversight Board, to issue a report on just that issue within a month or so, closing the door to reform on Section 702 of the Fisa Amendments Act would be premature,” Bankston said in a statement.
But the Judiciary Committee restored a provision initially struck from the original USA Freedom Act permitting increased transparency for companies receiving surveillance orders for their customers’ data, the absence of which had alarmed supporters.
The language, added back to the bill Wednesday by Representative Suzan Delbene of Washington, had been cut in order to codify a January deal the Justice Department reached with phone and Internet companies allowing them to list received orders only in bands of 1,000 and with a time lag. Congressional sources said companies lobbied hard to restore transparency language.
The Obama administration has withheld endorsement of either bill in public, confusing supporters. But in recent weeks, its guidance to Capitol Hill on surveillance reform included a requirement for up-front judicial authorization for data requests, which only the USA Freedom Act possesses.
“At this stage, I think I’d just say we will be watching closely as these bills go through the process,” said Caitlin Hayden, a White House spokeswoman said shortly before the vote.
Hours after the vote, Hayden issued a statement welcoming the USA Freedom Act as “a very good first step”:
“In March the president laid out his proposal to reform Section 215, and called upon Congress to act quickly to pass implementing legislation. We applaud the House Judiciary Committee for approaching this issue on a bipartisan basis. The Judiciary Committee passed bill is a very good first step in that important effort, and we look forward to House Permanent Select Committee on Intelligence action on it tomorrow,” Hayden said.
Section 215 of the Patriot Act is the provision cited by the NSA and blessed by the secret Fisa Court for bulk data collection.
Some legislators, distressed by the changes to the USA Freedom Act, are considering a different option for surveillance reform.
As amended, the USA Freedom Act would push back the expiration of Section 215 to the end of 2017, when Section 702 is set to expire. The current expiration is 1 June of next year. Some legislators are already whispering that allowing Section 215 to expire wholesale in 2015 is a preferable reform.
But Representative Jerrold Nadler of New York, a Democrat, said the USA Freedom Act was “the first, best and perhaps only chance in a decade” to constrain widespread surveillance.
“This is our chance. We have to seize it,” Nadler said on Wednesday.
Patrick Leahy, the Vermont Democrat who sponsored the USA Freedom Act in the Senate, hailed the committee vote, but said he was concerned that the text does not reform the Federal Bureau of Investigation’s national-security letters and makes insufficient changes on transparency and to the Fisa Court.
“I will continue to push for those reforms when the Senate Judiciary Committee considers the USA Freedom Act this summer,” Leahy said in a statement.
The USA Freedom Act, formally titled the Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-Collection and Online Monitoring Act, is a bill that was introduced in both houses of the U.S. Congress on October 29, 2013.
The USA Freedom Act[9] would end the bulk collection of Americans’ metadata, end the secret laws created by the FISA court, and introduce a “Special Advocate” to represent public and privacy matters.[10][11][12] Other proposed changes include limits to programs like PRISM, which “incidentally” retains Americans’ Internet data,[13] and greater transparency by allowing companies such as Google and Facebook to disclose information about government demands for information.[14]
Representative Jim Sensenbrenner, who introduced the bill, stated that its purpose was:
To rein in the dragnet collection of data by the National Security Agency (NSA) and other government agencies, increase transparency of the Foreign Intelligence Surveillance Court (FISC), provide businesses the ability to release information regarding FISA requests, and create an independent constitutional advocate to argue cases before the FISC.[10][15]
According to the bill’s sponsors, their legislation would amend Section 215 of the Patriot Act to ensure that any phone records obtained by the government were essential in an investigation that involved terrorism or espionage, thereby ending bulk collection,[16] while preserving “the intelligence community’s ability to gather information in a more focused way.”[17] A May 2014 amended version of the bill would also extend thecontroversial USA PATRIOT Act through the end of 2017.[18] The Electronic Privacy Information Center (EPIC) has criticized the Patriot Act as unconstitutional, especially when “the private communications of law-abiding American citizens might be intercepted incidentally”.[19]
The bill is made up of several titles: FISA business records reforms, FISA pen register and trap and trace device reforms, FISA acquisitions targeting persons outside the United States reforms, Foreign Intelligence Surveillance Court reforms, Office of the Special Advocate, National Security Letter reforms, FISA and National Security Letter transparency reforms, and Privacy and Civil Liberties Oversight Board subpoena authority.[20]
Background
Many members of Congress believed that in the wake of the Snowden disclosures, restoration of public trust would require legislative changes.[21] More than 20 bills have been written since the disclosures began with the goal of reining in government surveillance powers.[13]
Sensenbrenner, who introduced the USA PATRIOT Act (H.R. 3162) in 2001 following the September 11 terrorist attacks to give more power to US intelligence agencies, and who has described himself as “author of the Patriot Act”,[22] declared that it was time to put the NSA’s “metadata program out of business”. With its bulk collection of Americans’ phone data, Sensenbrenner asserted that the intelligence community “misused those powers”, had gone “far beyond” the original intent of the legislation, and had “overstepped its authority”.[21][23]
An opinion piece by Leahy and Sensenbrenner, published in Politico, described the impetus for proposed changes,[24] saying:
The intelligence community has failed to justify its expansive use of [the FISA and Patriot Act] laws. It is simply not accurate to say that the bulk collection of phone records has prevented dozens of terrorist plots. The most senior NSA officials have acknowledged as much in congressional testimony. We also know that the FISA court has admonished the government for making a series of substantial misrepresentations to the court regarding these programs. As a result, the intelligence community now faces a trust deficit with the American public that compromises its ability to do its job. It is not enough to just make minor tweaks around the edges. It is time for real, substantive reform.[17]
Markup in House Judiciary Committee
In May 2014, the U.S. House Judiciary Committee posted a “Manager’s Amendment” on its website. Title VII of the Amendment read “Section 102(b)(1) of the USA Patriot Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking “June 1, 2015” and inserting “December 31, 2017”, extending the controversial USA PATRIOT Act through the end of 2017.[25] The Electronic Privacy Information Center(EPIC) has criticized the Patriot Act as unconstitutional, especially when “the private communications of law-abiding American citizens might be intercepted incidentally”.[19] James Dempsey, of the CDT, believes that the Patriot Act unnecessarily overlooks the importance of notice under the Fourth Amendment and under a Title III wiretap,[26] while the American Library Association became so concerned that they formed a resolution condemning the USA PATRIOT Act, and which urged members to defend free speech and protect patrons’ privacy against the Act.[27]
The Guardian wrote “civil libertarians on the Judiciary Committee had to compromise in order to gain support for the act. Significantly, the government will still be able to collect phone data on Americans, pending a judge’s individualized order based on ‘reasonable articulable suspicion‘ – a standard preferred by the NSA – of wrongdoing, and can collect call records two degrees or ‘hops’ of separation from the individual suspected”.[5] Kara Brandeisky of ProPublica said “some worry that the bill does not unequivocally ban bulk collection of American records. Again, a lot depends on how the Foreign Intelligence Surveillance Court interprets the statute”.[28]
The Electronic Frontier Foundation (EFF) stated it remained “concerned that this bill omits important transparency provisions found in the USA FREEDOM Act, which are necessary to shed light on surveillance abuses”. In addition, the EFF said it believed “this bill should do more to address mass surveillance under Section 702 of Foreign Intelligence Surveillance Amendments Act, a section of law used to collect the communications of users worldwide”.[30] The Open Technology Institute commented “several other key reforms—such as provisions allowing Internet and phone companies to publish more information about the demands they receive, which OTI and a coalition of companies and organizations have been pressing for since last summer—have been removed, while the bill also provides for a new type of court order that the President has requested, allowing for continuous collection by the government of specified telephone records.”[31]
Despite the criticism from civil liberties groups, Mike Rogers, a defender of the NSA‘s surveillance practices and the chairman of the House Intelligence Committee, praised the amendments. Rogers, who had his own bill which would codify the NSA’s surveillance practices in to law, called the proposed amendments a “huge improvement”. Foreign Policy wrote “any compromise to the Judiciary bill risks an insurrection from civil libertarians in Congress. Michigan Republican Justin Amash led such a revolt last year when he offered an NSA amendment to a defense appropriations bill that would have stripped funding for the NSA’s collection program.” “Just a weakened bill or worse than status quo? I’ll find out,” Representative Amash said.[32]
After passage of the marked up bill, USA Freedom Act co-author and Senate Committee on the Judiciary Chairman Patrick Leahy commented that he “remain concerned that the legislation approved today does not include some of the important reforms related to national security letters, a strong special advocate at the FISA Court, and greater transparency. I will continue to push for those reforms when the Senate Judiciary Committee considers the USA FREEDOM Act this summer.”[8]
Reaction
The Act has bipartisan support, evenly split between Democrats and Republicans. As of May 8, 2014, it had 150 co-sponsors in the House[1] and 21 in the Senate.[2] Viewed as one of the most comprehensive of the similar bills introduced since the NSA leaks, the USA Freedom Act has support or qualified support from a diverse range of groups such as the ACLU, Mozilla, and the NRA.[13][33]
Representative Justin Amash, author of the narrowly-defeated Amash Amendment, a proposal that would have de-funded the NSA, backed the legislation. “It’s getting out of control” he commented, “[Courts are issuing] general warrants without specific cause…and you have one agency that’s essentially having superpowers to pass information onto others”.[23]
According to Deputy Attorney General James Cole, even if the Freedom Act becomes law, the NSA could continue its bulk collection of American’s phone records. He explained that “it’s going to depend on how the [FISA] court interprets any number of the provisions” contained within the legislation.[16]Jennifer Granick, Director of Civil Liberties at Stanford Law School, stated:
The Administration and the intelligence community believe they can do whatever they want, regardless of the laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. This isn’t the rule of law. This is a coup d’etat.[16]
Opponents of global surveillance have called for the bill to be strengthened. The Electronic Frontier Foundation (EFF) released a statement saying “we consider this bill to be a floor, not a ceiling”. The ACLU wrote that “although the USA Freedom Act does not fix every problem with the government’s surveillance authorities and programs, it is an important first step and it deserves broad support.”[34][35]
International human rights groups remain somewhat skeptical of specific provisions of the bill. For example, Human Rights Watch expressed its concern that the “bill would do little to increase protections for the right to privacy for people outside the United States, a key problem that plagues U.S. surveillance activities. Nor would the bill address mass surveillance or bulk collection practices that may be occurring under other laws or regulations, such as Section 702 of the FISA Amendments Act or Executive Order 12333. These practices affect many more people and include the collection of the actual content of internet communications and phone calls, not just metadata”.[36] Zeke Johnson, Director of Amnesty International‘s Security and Human Rights Program, agreed that “any proposal that fails to ban mass surveillance, end blanket secrecy, or stop discrimination against people outside the U.S. will be a false fix”.[37]
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking ‘‘June 1, 2015’’ and inserting ‘‘December 31, 2017’’.
As amended, the USA Freedom Act would push back the expiration of Section 215 to the end of 2017, when Section 702 is set to expire. The current expiration is 1 June of next year. Some legislators are already whispering that allowing Section 215 to expire wholesale in 2015 is a preferable reform.
The program’s existence was publicly revealed in July 2013 by Edward Snowden in The Sydney Morning Herald and O Globo newspapers, though the codename is mentioned in earlier articles, and like many other codenames can also be seen in job postings, and in the online resumes of employees.[2][3]
XKeyscore is a complicated system and various authors have different interpretations about its actual capabilities. Edward Snowden and Glenn Greenwald explained XKeyscore as being a system which enables almost unlimited surveillance of anyone anywhere in the world, while NSA said that usage of the system is limited and restricted.
According to The Washington Post and national security reporter Marc Ambinder, XKeyscore is an NSA data-retrieval system which consists of a series of user interfaces, backend databases, servers and software that selects certain types of data and metadata that the NSA has already collected using other methods.[4][5]
According to Snowden and Greenwald
On January 26, 2014, the German broadcaster Norddeutscher Rundfunk asked Edward Snowden in its TV interview: “What could you do if you would use XKeyscore?” and he answered:[1]
“You could read anyone’s email in the world, anybody you’ve got an email address for. Any website: You can watch traffic to and from it. Any computer that an individual sits at: You can watch it. Any laptop that you’re tracking: you can follow it as it moves from place to place throughout the world. It’s a one-stop-shop for access to the NSA’s information.”
“…You can tag individuals… Let’s say you work at a major German corporation and I want access to that network, I can track your username on a website on a form somewhere, I can track your real name, I can track associations with your friends and I can build what’s called a fingerprint, which is network activity unique to you, which means anywhere you go in the world, anywhere you try to sort of hide your online presence, your identity.”
According to The Guardian’s Glenn Greenwald, low-level NSA analysts can via systems like XKeyscore “listen to whatever emails they want, whatever telephone calls, browsing histories, Microsoft Word documents. And it’s all done with no need to go to a court, with no need to even get supervisor approval on the part of the analyst.”[6]
He added that the NSA’s databank of collected communications allows its analysts to listen “to the calls or read the emails of everything that the NSA has stored, or look at the browsing histories or Google search terms that you’ve entered, and it also alerts them to any further activity that people connected to that email address or that IP address do in the future”.[6]
In an official statement from July 30, 2013, the NSA said there is no “unchecked analyst access to NSA collection data. Access to XKeyscore, as well as all of NSA’s analytic tools, is limited to only those personnel who require access for their assigned tasks.” The NSA also states that there are “stringent oversight and compliance mechanisms built in at several levels. One feature is the system’s ability to limit what an analyst can do with a tool, based on the source of the collection and each analyst’s defined responsibilities.”[7]
The agency defended the program, stressing that it was only used to legally obtain information about “legitimate foreign intelligence targets in response to requirements that our leaders need for information necessary to protect our nation and its interests. […] XKeyscore is used as a part of NSA’s lawful foreign signals intelligence collection system. […] These types of programs allow us to collect the information that enables us to perform our missions successfully — to defend the nation and to protect U.S. and allied troops abroad.”[8]
Workings
Slide from a 2008 NSA presentation about XKeyscore, showing a worldmap with the locations of XKeyscore servers
Slide from a 2008 NSA presentation about XKeyscore, showing the query hierarchy
An NSA presentation about XKeyscore from 2008 says that it’s a “DNI Exploitation System/Analytic Framework”. DNI stands for Digital Network Intelligence, which means intelligence derived from internet traffic.[9] In an interview with the German Norddeutscher Rundfunk, Edward Snowden said about XKeyscore: “It’s a front end search engine”.[10]
Data sources
XKeyscore consists of over 700 servers at approximately 150 sites where the NSA collects data, like “US and allied military and other facilities as well as US embassies and consulates” in many countries around the world.[11][12][13] Among the facilities involved in the program are four bases in Australia and one in New Zealand.[12]
According to an NSA presentation from 2008, these XKeyscore servers are fed with data from the following collection systems:[14]
F6 (Special Collection Service) – joint operation of the CIA and NSA that carries out clandestine operations including espionage on foreign diplomats and leaders
FORNSAT – which stands for “foreign satellite collection”, and refers to intercepts from satellites
Third party – foreign partners of the NSA such as the (signals) intelligence agencies of Belgium, Denmark, France, Germany, Italy, Japan, the Netherlands, Norway, Sweden, etc.
From these sources, XKeyscore stores “full-take data”, which are indexed by plug-ins that extract certain types of metadata (like phone numbers, e-mail addresses, log-ins, and user activity) and index them in metadata tables, which can be queried by analysts. XKeyscore has been integrated with MARINA, which is NSA’s database for internet metadata.[9]
However, the system continuously gets so much Internet data that it can be stored only for short periods of time. Content data remain on the system for only three to five days, while metadata is stored for up to 30 days.[16] A detailed commentary on an NSA presentation published in The Guardian in July 2013 cites a document published in 2008 declaring that “At some sites, the amount of data we receive per day (20+ terabytes) can only be stored for as little as 24 hours.”[17]
Capabilities
Slide from a 2008 NSA presentation about XKeyscore, showing the differences between the various NSA database systems
For analysts, XKeyscore provides a “series of viewers for common data types”, which allows them to query terabytes of raw data gathered at the aforementioned collection sites. This enables them to find targets that cannot be found by searching only the metadata, and also to do this against data sets that otherwise would have been dropped by the front-end data processing systems. According to a slide from an XKeyscore presentation, NSA collection sites select and forward less than 5% of the internet traffic to the PINWALE database for internet content.[16]
Because XKeyscore holds raw and unselected communications traffic, analysts can not only perform queries using “strong selectors” like e-mail addresses, but also using “soft selectors”, like keywords, against the body texts of e-mail and chat messages and digital documents and spreadsheets in English, Arabic and Chinese.[9]
This is useful because “a large amount of time spent on the web is performing actions that are anonymous” and therefore those activities can’t be found by just looking for e-mail addresses of a target. When content has been found, the analyst might be able to find new intelligence or a strong selector, which can then be used for starting a traditional search.[9]
Besides using soft selectors, analysts can also use the following other XKeyscore capabilities:[9][18]
Look for the usage of Google Maps and terms entered into a search engine by known targets looking for suspicious things or places.
Look for “anomalies” without any specific person attached, like detecting the nationality of foreigners by analyzing the language used within intercepted emails. An example would be a German speaker in Pakistan. The Brazilian paper O Globo claims that this has been applied to Latin America and specifically to Colombia, Ecuador, Mexico and Venezuela.[11][19]
Detect people who use encryption by do searches like “all PGP usage in Iran”. The caveat given is that very broad queries can result in too much data to transmit back to the analyst.
Track the source and authorship of a document that has passed through many hands.
Most of these things cannot be detected by other NSA tools because they operate with strong selectors (like e-mail and IP addresses and phone numbers) and the raw data volumes are too high to forward them to other NSA databases.[9]
In 2008, it was planned to add a number of new capabilities in the future, like:
The NSA slides published in The Guardian during 2013 claimed that XKeyscore had played a role in capturing 300 terrorists by 2008.[9] This claim could not be substantiated as the redacted documents do not cite instances of terrorist interventions.
A 2011 report from the NSA unit in Griesheim (Germany) says that XKeyscore made it easier and more efficient to target surveillance. Previously, analysis often accessed data they were not interested in. XKeyscore allowed them to focus on the intended topics, while ignoring unrelated data. XKeyscore also proved to be an outstanding tool for tracking active groups associated with the Anonymous movement in Germany, because it allows for searching on patterns, rather than particular individuals. An analyst is able to determine when targets research new topics, or develop new behaviors.[20]
To create additional motivation, the NSA incorporated various features from computer games into the program. For instance, analysts who were especially good at using XKeyscore could acquire “skilz” points and “unlock achievements.” The training units in Griesheim were apparently successful and analysts there had achieved the “highest average of skilz points” compared with all other NSA departments participating in the training program.[20]
Usage by foreign partners of the NSA
Germany
Excerpt of an NSA document leaked by Edward Snowden that reveals the BND‘s usage of the NSA’s XKeyscore to wiretap a German domestic target
According to documents Der Spiegel acquired from Snowden, the German intelligence agencies BND (foreign intelligence) and BfV (domestic intelligence) were also allowed to use the XKeyscore system. In those documents the BND agency was described as the NSA’s most prolific partner in information gathering.[21] This led to political confrontations, after which the directors of the German intelligence agencies briefed members of the German parliamentary intelligence oversight committee on July 25, 2013. They declared that XKeyscore has been used by the BND since 2007 and that the BfV uses a test version since 2012. The directors also explained that this program is not for collecting data, but only for analyzing them.[22]
Sweden
As part of the UKUSA Agreement, a secret treaty was signed in 1954 by Sweden with the United States, the United Kingdom, Canada, Australia and New Zealand for the purpose of intelligence collaboration and data sharing.[23] According to documents leaked by Snowden, the National Defence Radio Establishment (FRA) has been granted access to XKeyscore.[24]
Activists protest Sen. Feinstein’s ‘hypocritical’ support of NSA surveillance
Justice Department to investigate CIA spying on Senate
Dianne Feinstein: CIA Is Spying on the Senate
Feinstein: CIA Spied on Senate Committee
Feinstein: CIA has been spying on Senate computers
“Giving Hypocrisy a Bad Name”: NSA-Backing Senate Intel Chair Blasts CIA for Spying on Torture Probe
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CIA Spies on Senate Staffers: A Troubling Pattern Is Reinforced
Senator Dianne Feinstein—who traditionally isastalwartdefender of the intelligence community—came out swinging against them this week. While on the floor of the Senate, she laid bare a two year long struggle concerning CIA spying on Senate Intelligence Committee staffers investigating CIA’s early 2000s torture and enhanced interrogation techniques. The spying by CIA crosses a line when it comes to Congressional oversight of the intelligence community. And it’s an emblem of the extreme imbalance between the power of Congress and the power of the intelligence community. If the intelligence community thinks they can act in such a way towards the people who are supposed to oversee them, what else do they think they can do?
How Did This Happen?
According to Senator Feinstein, the spying occurred in a facility provided by CIA to Senate Intelligence staffers. As part of the investigation, CIA agreed to not interfere with the facility or with the Senate Intelligence staff’s computers. After the staffers found a smoking gun document (an internal CIA review) that contradicted CIA’s own conclusions, the staffers—just like with previous documents—transferred it back to their own facility in the Senate. Soon after, the CIA found out about the possession and deleted files on the Senate staffers’ computers not once, but twice. Over 800 documents were deleted. Staffers do not know what those deleted documents contained.
The Oversight Regime Must Be Fixed
Senator Feinstein’s speech is the first step to ensuring Congressional oversight prevails, but the Department of Justice, which is currently conducting an investigation, should not be the only entity to review the details. The latest breach of trust by the intelligence community must spur Congress to exert their oversight powers and begin a full investigation into these actions and the oversight regime at-large.
These are pressing topics. It’s clear that the lack of oversight was a key factor in many of the egregious intelligence activities we learned about from the documents provided by Edward Snowden. The intelligence community evaded answering questions fully, or providing key documents to the intelligence committees. CIA spying is more proof that the oversight regime needs an overhaul. First and foremost, the American people—and Congress—need an oversight regime that works.
A Long Term Pattern
Some people are aghast at CIA’s actions. Details about the spying are sparse; however, it seems CIA may be guilty—at the minimum—of obstruction laws. But we’ve seen this before from the intelligence community. And we don’t have to draw from examples in the 1960s and 70s when the intelligence community was spying on Martin Luther King Jr. or anti-Vietnam activists. All we have to do is look at the past decade.
After the attacks on September 11, it took years for Senator Jay Rockefeller—then the chairman of the Senate Intelligence Community—to get a briefing and key documents for the entire committee about intelligence community actions. More recently, we saw obfuscation by the intelligence community in 2009 when it misled the FISA court. And just last year, the Director of National Intelligence, General James Clapper, lied to Congress about collecting data on innocent Americans. We also know members of Congress describe intelligence briefings as a game of 20 questions. Despite CIA’s original cooperation, it seems clear CIA did not want the Senate staffers to conduct a full investigation.
It should be obvious to anyone that these actions paint a picture—and confirm a pattern—of out-of-control intelligence agencies. The American public is losing a tremendous amount of trust in the intelligence community—trust that is necessary for the intelligence community to conduct its job. But it’s even more dangerous to the government body that is supposed to oversee the intelligence community: Congress.
Congress Must Act
Senator Feinstein’s concern over CIA spying on her staff should extend to a concern about NSA’s collection of all Americans’ calling records. Both actions are examples of intelligence community overreach and abuse of their authorities. There are serious problems when the stalwart defender of the intelligence community takes to the Senate floor to discuss problems with the committee’s oversight.
Beyond Senator Feinstein, Congress must retake its oversight role. For far too long has the intelligence community run roughshod over the intelligence committees. Time and time again, we’ve seen the inability for the intelligence community to grapple with the behemoth of the intelligence community. This must stop. An investigation should be carried out not only into CIA spying, but into the oversight regime as a whole, the classification system, and the egregious actions by the intelligence community—including the activities of NSA. All of these topics are core problems concerning the inability for the Senate Intelligence Committee to be fully briefed—or even grasp—intelligence community actions. This week may have been a loss for Congressional oversight, but members of Congress must reassert their power. Their duty to serve as representatives of the American people demand it.
Rand Paul on alleged CIA-Senate hacking: ‘This cannot happen in a free country’
By Joel Gehrke
Heads should roll at the CIA if Senate Intelligence Committee Chairman Dianne Feinstein, D-Calif., proves that intelligence officers hacked her staff’s computers as part of a dispute over a committee report on waterboarding, Sen. Rand Paul, R-Ky., told reporters.”There’s an incredible arrogance to me that the CIA thinks they can spy on a committee that is providing oversight for the CIA, and I think it’s a real, very serious constitutional breach,” Paul said outside the Senate chamber on Thursday. “This cannot happen in a free country.”Feinstein took to the Senate floor Tuesday to allege that “the CIA just went and searched the committee’s computers.” CIA director John Brennan denied Feinstein’s allegations, telling NBC, “The CIA was in no way spying on [the committee] or the Senate.” That denial has some lawmakers withholding judgement on the matter, at least for now.House Minority Leader Nancy Pelosi, D-Calif., praised Feinstein. “I tell you, you take on the intelligence community, you’re a person of courage, and she does not do that lightly,” Pelosi said during her weekly press briefing Thursday morning. “Not without evidence — when I say evidence, [I mean] documentation of what it is that she is putting forth.”
A behind-the-scenes battle between the CIA and Congress erupted in public Tuesday as the head of the Senate Intelligence Committee accused the agency of breaking laws and breaching constitutional principles in an alleged effort to undermine the panel’s multi-year investigation of a controversial interrogation program.Chairman Dianne Feinstein (D-Calif.) accused the CIA of secretly removing documents, searching computers used by the committee and attempting to intimidate congressional investigators by requesting an FBI inquiry of their conduct — charges that CIA Director John Brennan disputed within hours of her appearance on the Senate floor.
Video
Sen. Dianne Feinstein (D-Calif.) questioned whether a CIA search of congressional records might have undermined government oversight during a Senate floor speech Tuesday.
If true, “this is Richard Nixon stuff,” one senator says.
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<:ARTICLE>Feinstein described the escalating conflict as a “defining moment” for Congress’s role in overseeing the nation’s intelligence agencies and cited “grave concerns” that the CIA had “violated the separation-of-powers principles embodied in the United States Constitution.”Brennan fired back during a previously scheduled speech in Washington, saying that “when the facts come out on this, I think a lot of people who are claiming that there has been this tremendous sort of spying and monitoring and hacking will be proved wrong.”
The dueling claims exposed bitterness and distrust that have soared to new levels as the committee nears completion of a 6,000-page report that is expected to serve as a scathing historical record of the agency’s use of waterboarding and other brutal interrogation methods on terrorism suspects held at secret CIA prisons overseas after the attacks of Sept. 11, 2001.
Displaying flashes of anger during her floor speech, Feinstein said her committee would soon deliver the report to the White House and push for declassification of a document that lays bare “the horrible details of the CIA program that never, never, never should have existed.”
The latest dispute is in some ways a proxy for a deeper conflict over that document. The CIA and the committee are at odds over many of the report’s conclusions about the effectiveness of the interrogation program, but they are battling primarily over tension that surfaced during the investigation.
Feinstein’s remarks provided the most detailed account of that investigation, describing an arrangement in which the CIA set up a secret facility in Northern Virginia with computers where committee investigators were promised unfettered access to millions of operational cables, executive memos and other files on the interrogation program.
The disagreement between Feinstein and Brennan centers on whether agency employees or committee staff members — or both — abused their access to that shared network to gain an upper hand.
Feinstein implied that the CIA sabotaged the committee’s efforts from the outset, loading a massive amount of files on computers with no index, structure or ability to search. “It was a true document dump,” she said.
Over a period of years, investigators pored over more than 6.2 million classified records furnished by the CIA, using a search tool that agency technical experts agreed to install. But U.S. officials said the committee gained access to a set of documents that the agency never intended to share, files that were generated at the direction of former director Leon E. Panetta as part of an effort to take an inventory of the records being turned over to Feinstein’s panel.
The two sides have engaged in heated exchanges in recent days over the nature of those files and how they were obtained.
Referring to them as the “Panetta internal review,” Feinstein insisted that committee staff members discovered the documents during an ordinary search of the trove. She said they are particularly valuable because in tracking the flow of documents, CIA employees in some cases drew conclusions about their contents that match the subsequent interpretations made by committee staff members.
Jeremy Bash, Panetta’s former chief of staff, said Tuesday that that was never the director’s intent. Panetta “did not request an internal review of the interrogation program,” he said. “He asked the CIA staff to keep track of documents that were being provided. . . . He asked that they develop short summaries of the material, so that we would know what was being provided.”
Meanwhile, a letter that Brennan distributed to the CIA workforce on Tuesday raised questions about Feinstein’s claims and her awareness of how and when the committee obtained what she is calling the Panetta review files.
The letter, which Brennan sent to Feinstein on Jan. 27 and which was attached to a message he sent the workforce, recounts a meeting they had weeks earlier to discuss the matter. During that meeting, Feinstein said she didn’t know that the committee already had copies of the Panetta review. Brennan pushed her to explain why the panel had recently requested the files when they were already in its possession.
“You informed me that you were not aware that the committee staff already had access to the materials you had requested,” Brennan wrote, according to a copy obtained by The Washington Post. Brennan urged Feinstein to work with the agency to determine how the committee had obtained the documents, a request she ultimately rejected, officials said.
The CIA began to suspect that the panel had obtained those files this year after lawmakers referred to the supposed “internal review” publicly. U.S. officials said CIA security personnel then checked the logs of the computer system it had set up for the committee, and found that the files had been moved to a part of the network that was off-limits to the CIA.
“They did something to get those documents,” said a U.S. official briefed on the matter. A security “firewall was breached. They figured out a work-around to get it.” The official declined to elaborate.
Feinstein said the review documents were “identified using the search tool provided by the CIA” but she was careful not to say precisely how they were obtained. “We don’t know whether the documents were provided intentionally by the CIA, unintentionally by the CIA, or intentionally by a whistleblower,” she said.
She acknowledged, however, that committee investigators made hard copies of those files and whisked them away to its offices on Capitol Hill, in part because the committee had previously seen cases in which more than 900 pages of records disappeared from the database with no explanation.
Feinstein expressed outrage that the CIA referred the matter to the FBI. “There is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime,” she said, describing the move as a “potential effort to intimidate this staff, and I am not taking it lightly.”
She also noted that the referral was made by Robert Eatinger, the CIA’s acting general counsel, who previously served as the top lawyer for the department that ran the CIA’s secret prisons, and who “is mentioned by name more than 1,600 times in our study.”
Feinstein, who has been a staunch supporter of other CIA programs including its drone campaign, said the agency may have violated Fourth Amendment protections against unreasonable searches, as well as laws against domestic surveillance.
Although Republicans on the committee initially voted in favor of opening the investigation, GOP members abandoned the effort after it began and none has voted to endorse it.
Sen. Marco Rubio (R-Fla.), a member of the intelligence panel, told Bloomberg News that the dispute is “more complicated than what’s being put out there by Senator Feinstein or others. . . . I don’t think anyone has a clean hand and I think it’s important for the full truth to come out. I think people may be surprised to learn that, in this case, there were no good guys and maybe two or three bad ones.”
Brennan said he had ordered the CIA’s inspector general to review the agency’s conduct. The inspector general, in turn, has issued a separate referral seeking a Justice Department review.
Asked whether he would resign if the CIA was found to be in the wrong, Brennan said he would let the president decide his fate. “If I did something wrong, I will go to the president,” the director said. “He is the one who can ask me to stay or to go.”
The National Security Agency has implanted software in nearly 100,000 computers around the world that allows the United States to conduct surveillance on those machines and can also create a digital highway for launching cyberattacks.
While most of the software is inserted by gaining access to computer networks, the N.S.A. has increasingly made use of a secret technology that enables it to enter and alter data in computers even if they are not connected to the Internet, according to N.S.A. documents, computer experts and American officials.
The technology, which the agency has used since at least 2008, relies on a covert channel of radio waves that can be transmitted from tiny circuit boards and USB cards inserted surreptitiously into the computers. In some cases, they are sent to a briefcase-size relay station that intelligence agencies can set up miles away from the target.
The N.S.A. calls its efforts more an act of “active defense” against foreign cyberattacks than a tool to go on the offensive. But when Chinese attackers place similar software on the computer systems of American companies or government agencies, American officials have protested, often at the presidential level.
Among the most frequent targets of the N.S.A. and its Pentagon partner, United States Cyber Command, have been units of the Chinese Army, which the United States has accused of launching regular digital probes and attacks on American industrial and military targets, usually to steal secrets or intellectual property. But the program, code-named Quantum, has also been successful in inserting software into Russian military networks and systems used by the Mexican police and drug cartels, trade institutions inside the European Union, and sometime partners against terrorism like Saudi Arabia, India and Pakistan, according to officials and an N.S.A. map that indicates sites of what the agency calls “computer network exploitation.”
“What’s new here is the scale and the sophistication of the intelligence agency’s ability to get into computers and networks to which no one has ever had access before,” said James Andrew Lewis, the cybersecurity expert at the Center for Strategic and International Studies in Washington. “Some of these capabilities have been around for a while, but the combination of learning how to penetrate systems to insert software and learning how to do that using radio frequencies has given the U.S. a window it’s never had before.”
No Domestic Use Seen
There is no evidence that the N.S.A. has implanted its software or used its radio frequency technology inside the United States. While refusing to comment on the scope of the Quantum program, the N.S.A. said its actions were not comparable to China’s.
“N.S.A.’s activities are focused and specifically deployed against — and only against — valid foreign intelligence targets in response to intelligence requirements,” Vanee Vines, an agency spokeswoman, said in a statement. “We do not use foreign intelligence capabilities to steal the trade secrets of foreign companies on behalf of — or give intelligence we collect to — U.S. companies to enhance their international competitiveness or increase their bottom line.”
Over the past two months, parts of the program have been disclosed in documents from the trove leaked by Edward J. Snowden, the former N.S.A. contractor. A Dutch newspaper published the map of areas where the United States has inserted spy software, sometimes in cooperation with local authorities, often covertly. Der Spiegel, a German newsmagazine, published the N.S.A.’s catalog of hardware products that can secretly transmit and receive digital signals from computers, a program called ANT. The New York Times withheld some of those details, at the request of American intelligence officials, when it reported, in the summer of 2012, on American cyberattacks on Iran.
President Obama is scheduled to announce on Friday what recommendations he is accepting from an advisory panel on changing N.S.A. practices. The panel agreed with Silicon Valley executives that some of the techniques developed by the agency to find flaws in computer systems undermine global confidence in a range of American-made information products like laptop computers and cloud services.
Embracing Silicon Valley’s critique of the N.S.A., the panel has recommended banning, except in extreme cases, the N.S.A. practice of exploiting flaws in common software to aid in American surveillance and cyberattacks. It also called for an end to government efforts to weaken publicly available encryption systems, and said the government should never develop secret ways into computer systems to exploit them, which sometimes include software implants.
Richard A. Clarke, an official in the Clinton and Bush administrations who served as one of the five members of the advisory panel, explained the group’s reasoning in an email last week, saying that “it is more important that we defend ourselves than that we attack others.”
“Holes in encryption software would be more of a risk to us than a benefit,” he said, adding: “If we can find the vulnerability, so can others. It’s more important that we protect our power grid than that we get into China’s.”
From the earliest days of the Internet, the N.S.A. had little trouble monitoring traffic because a vast majority of messages and searches were moved through servers on American soil. As the Internet expanded, so did the N.S.A.’s efforts to understand its geography. A program named Treasure Map tried to identify nearly every node and corner of the web, so that any computer or mobile device that touched it could be located.
A 2008 map, part of the Snowden trove, notes 20 programs to gain access to big fiber-optic cables — it calls them “covert, clandestine or cooperative large accesses” — not only in the United States but also in places like Hong Kong, Indonesia and the Middle East. The same map indicates that the United States had already conducted “more than 50,000 worldwide implants,” and a more recent budget document said that by the end of last year that figure would rise to about 85,000. A senior official, who spoke on the condition of anonymity, said the actual figure was most likely closer to 100,000.
That map suggests how the United States was able to speed ahead with implanting malicious software on the computers around the world that it most wanted to monitor — or disable before they could be used to launch a cyberattack.
A Focus on Defense
In interviews, officials and experts said that a vast majority of such implants are intended only for surveillance and serve as an early warning system for cyberattacks directed at the United States.
“How do you ensure that Cyber Command people” are able to look at “those that are attacking us?” a senior official, who compared it to submarine warfare, asked in an interview several months ago.
“That is what the submarines do all the time,” said the official, speaking on the condition of anonymity to describe policy. “They track the adversary submarines.” In cyberspace, he said, the United States tries “to silently track the adversaries while they’re trying to silently track you.”
If tracking subs was a Cold War cat-and-mouse game with the Soviets, tracking malware is a pursuit played most aggressively with the Chinese.
The United States has targeted Unit 61398, the Shanghai-based Chinese Army unit believed to be responsible for many of the biggest cyberattacks on the United States, in an effort to see attacks being prepared. With Australia’s help, one N.S.A. document suggests, the United States has also focused on another specific Chinese Army unit.
Documents obtained by Mr. Snowden indicate that the United States has set up two data centers in China — perhaps through front companies — from which it can insert malware into computers. When the Chinese place surveillance software on American computer systems — and they have, on systems like those at the Pentagon and at The Times — the United States usually regards it as a potentially hostile act, a possible prelude to an attack. Mr. Obama laid out America’s complaints about those practices to President Xi Jinping of China in a long session at a summit meeting in California last June.
At that session, Mr. Obama tried to differentiate between conducting surveillance for national security — which the United States argues is legitimate — and conducting it to steal intellectual property.
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A White House-appointed task force has proposed a series of curbs on key National Security Agency surveillance operations exposed by Edward Snowden. On Thursday, the panel recommended the NSA halt its bulk collection of billions of U.S. phone call records, citing ‘potential risks to public trust, personal privacy, and civil liberty.’ The panel says telecommunications providers or a private third party should store the records instead. The panel also calls for banning the NSA from ‘undermining encryption’ and criticizes its use of computer programming flaws to mount cyber-attacks. And it backs the creation of an independent review board to monitor government programs for potential violations of civil liberties. We discuss the panel’s findings with two guests: Ben Wizner, Snowden’s legal advisor and director o
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NSA seeks to build quantum computer that could crack most types of encryption
By Steven Rich and Barton Gellman, Updated: Thursday, January 2, 4:00 PM
In room-size metal boxes, secure against electromagnetic leaks, the National Security Agency is racing to build a computer that could break nearly every kind of encryption used to protect banking, medical, business and government records around the world.
According to documents provided by former NSA contractor Edward Snowden, the effort to build “a cryptologically useful quantum computer” — a machine exponentially faster than classical computers — is part of a $79.7 million research program titled, “Penetrating Hard Targets.” Much of the work is hosted under classified contracts at a laboratory in College Park.
The development of a quantum computer has long been a goal of many in the scientific community, with revolutionary implications for fields like medicine as well as for the NSA’s code-breaking mission. With such technology, all forms of public key encryption would be broken, including those used on many secure Web sites as well as the type used to protect state secrets.
Physicists and computer scientists have long speculated whether the NSA’s efforts are more advanced than those of the best civilian labs. Although the full extent of the agency’s research remains unknown, the documents provided by Snowden suggest that the NSA is no closer to success than others in the scientific community.
“It seems improbable that the NSA could be that far ahead of the open world without anybody knowing it,” said Scott Aaronson, an associate professor of electrical engineering and computer science at MIT.
The NSA appears to regard itself as running neck and neck with quantum computing labs sponsored by the European Union and the Swiss government, with steady progress but little prospect of an immediate breakthrough.
“The geographic scope has narrowed from a global effort to a discrete focus on the European Union and Switzerland,” one NSA document states.
Seth Lloyd, professor of quantum mechanical engineering at MIT, said the NSA’s focus is not misplaced. “The E.U. and Switzerland have made significant advances over the last decade and have caught up to the U.S. in quantum computing technology,” he said.
The NSA declined to comment for this story.
The documents, however, indicate that the agency carries out some of its research in large, shielded rooms known as Faraday cages, which are designed to prevent electromagnetic energy from coming in or out. Those, according to one brief description, are required “to keep delicate quantum computing experiments running.”
The basic principle underlying quantum computing is known as “quantum superposition,” the idea that an object simultaneously exists in all states. A classical computer uses binary bits, which are either zeroes or ones. A quantum computer uses quantum bits, or qubits, which are simultaneously zero and one.
This seeming impossibility is part of the mystery that lies at the heart of quantum theory, which even theoretical physicists say no one completely understands.
“If you think you understand quantum mechanics, you don’t understand quantum mechanics,” said the late Nobel laureate Richard Feynman, who is widely regarded as the pioneer in quantum computing.
Here’s how it works, in theory: While a classical computer, however fast, must do one calculation at a time, a quantum computer can sometimes avoid having to make calculations that are unnecessary to solving a problem. That allows it to home in on the correct answer much more quickly and efficiently.
Quantum computing is so difficult to attain because of the fragile nature of such computers. In theory, the building blocks of such a computer might include individual atoms, photons or electrons. To maintain the quantum nature of the computer, these particles would need to be carefully isolated from their external environments.
“Quantum computers are extremely delicate, so if you don’t protect them from their environment, then the computation will be useless,” said Daniel Lidar, a professor of electrical engineering and the director of the Center for Quantum Information Science and Technology at the University of Southern California.
A working quantum computer would open the door to easily breaking the strongest encryption tools in use today, including a standard known as RSA, named for the initials of its creators. RSA scrambles communications, making them unreadable to anyone but the intended recipient, without requiring the use of a shared password. It is commonly used in Web browsers to secure financial transactions and in encrypted e-mails. RSA is used because of the difficulty of factoring the product of two large prime numbers. Breaking the encryption involves finding those two numbers. This cannot be done in a reasonable amount of time on a classical computer.
In 2009, computer scientists using classical methods were able to discover the primes within a 768-bit number, but it took almost two years and hundreds of computers to factor it. The scientists estimated that it would take 1,000 times longer to break a 1,024-bit encryption key, which is commonly used for online transactions.
A large-scale quantum computer, however, could theoretically break a 1,024-bit encryption much faster. Some leading Internet companies are moving to 2,048-bit keys, but even those are thought to be vulnerable to rapid decryption with a quantum computer.
Quantum computers have many applications for today’s scientific community, including the creation of artificial intelligence. But the NSA fears the implications for national security.
“The application of quantum technologies to encryption algorithms threatens to dramatically impact the US government’s ability to both protect its communications and eavesdrop on the communications of foreign governments,” according to an internal document provided by Snowden.
Experts are not sure how feasible a quantum computer is in the near future. A decade ago, some experts said that developing a large quantum computer was likely 10 to 100 years in the future. Five years ago, Lloyd said the goal was at least 10 years away.
Last year, Jeff Forshaw, a professor at the University of Manchester, told Britain’s Guardian newspaper, “It is probably too soon to speculate on when the first full-scale quantum computer will be built but recent progress indicates that there is every reason to be optimistic.”
“I don’t think we’re likely to have the type of quantum computer the NSA wants within at least five years, in the absence of a significant breakthrough maybe much longer,” Lloyd told the Post in a recent interview.
However, some companies claim to already be producing small quantum computers. A Canadian company, D-Wave Systems , says it has been making quantum computers since 2009. In 2012, it sold a $10 million version to Google, NASA and the Universities Space Research Association, according to news reports.
That quantum computer, however, would never be useful for breaking public key encryption like RSA.
“Even if everything they’re claiming is correct, that computer, by its design, cannot run Shor’s algorithm,” said Matthew Green, a research professor at the Johns Hopkins Information Security Institute, referring to the algorithm that could be used to break encryption like RSA.
Experts believe that one of the largest hurdles to breaking encryption with a quantum computer is building a computer with enough qubits, which is difficult given the very fragile state of quantum computers. By the end of September, the NSA expected to be able to have some basic building blocks, which it described in a document as “dynamical decoupling and complete quantum control on two semiconductor qubits.”
“That’s a great step, but it’s a pretty small step on the road to building a large-scale quantum computer,” Lloyd said.
A quantum computer capable of breaking cryptography would need hundreds or thousands more qubits than that.
The budget for the National Intelligence Program, commonly referred to as the “black budget,” details the “Penetrating Hard Targets” project and noted that this step “will enable initial scaling towards large systems in related and follow-on efforts.”
Another project, called the “Owning the Net,” is using quantum research to support the creation of new quantum-based attacks on encryptions like RSA, documents show.
“The irony of quantum computing is that if you can imagine someone building a quantum computer that can break encryption a few decades into the future, then you need to be worried right now,” Lidar said.
NSA broke privacy rules thousands of times per year, audit finds
By Barton Gellman,
The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.
Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.
The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.
In one instance, the NSA decided that it need not report the unintended surveillance of Americans. A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused the U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.
In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.
The Obama administration has provided almost no public information about the NSA’s compliance record. In June, after promising to explain the NSA’s record in “as transparent a way as we possibly can,” Deputy Attorney General James Cole described extensive safeguards and oversight that keep the agency in check. “Every now and then, there may be a mistake,” Cole said in congressional testimony.
The NSA audit obtained by The Post, dated May 2012, counted 2,776 incidents in the preceding 12 months of unauthorized collection, storage, access to or distribution of legally protected communications. Most were unintended. Many involved failures of due diligence or violations of standard operating procedure. The most serious incidents included a violation of a court order and unauthorized use of data about more than 3,000 Americans and green-card holders.
In a statement in response to questions for this article, the NSA said it attempts to identify problems “at the earliest possible moment, implement mitigation measures wherever possible, and drive the numbers down.” The government was made aware of The Post’s intention to publish the documents that accompany this article online.
“We’re a human-run agency operating in a complex environment with a number of different regulatory regimes, so at times we find ourselves on the wrong side of the line,” a senior NSA official said in an interview, speaking with White House permission on the condition of anonymity.
This is the full executive summary, with names redacted by The Post, of a classified internal report on breaches of NSA privacy rules and legal restrictions.
The report covers the period from January through March 2012 and includes comparative data for the full preceding year. Its author is director of oversight and compliance for the NSA’s Signals Intelligence Directorate, but the scope of the report is narrower. Incidents are counted only if they took place within “NSA-Washington,” a term encompassing the Ft. Meade headquarters and nearby facilities. The NSA declined to provide comparable figures for its operations as a whole. A senior intelligence official said only that if all offices and directorates were included, the number of violations would “not double.”
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The spring air in the small, sand-dusted town has a soft haze to it, and clumps of green-gray sagebrush rustle in the breeze. Bluffdale sits in a bowl-shaped valley in the shadow of Utah’s Wasatch Range to the east and the Oquirrh Mountains to the west. It’s the heart of Mormon country, where religious pioneers first arrived more than 160 years ago. They came to escape the rest of the world, to understand the mysterious words sent down from their god as revealed on buried golden plates, and to practice what has become known as “the principle,” marriage to multiple wives.
Today Bluffdale is home to one of the nation’s largest sects of polygamists, the Apostolic United Brethren, with upwards of 9,000 members. The brethren’s complex includes a chapel, a school, a sports field, and an archive. Membership has doubled since 1978—and the number of plural marriages has tripled—so the sect has recently been looking for ways to purchase more land and expand throughout the town.
But new pioneers have quietly begun moving into the area, secretive outsiders who say little and keep to themselves. Like the pious polygamists, they are focused on deciphering cryptic messages that only they have the power to understand. Just off Beef Hollow Road, less than a mile from brethren headquarters, thousands of hard-hatted construction workers in sweat-soaked T-shirts are laying the groundwork for the newcomers’ own temple and archive, a massive complex so large that it necessitated expanding the town’s boundaries. Once built, it will be more than five times the size of the US Capitol.
Rather than Bibles, prophets, and worshippers, this temple will be filled with servers, computer intelligence experts, and armed guards. And instead of listening for words flowing down from heaven, these newcomers will be secretly capturing, storing, and analyzing vast quantities of words and images hurtling through the world’s telecommunications networks. In the little town of Bluffdale, Big Love and Big Brother have become uneasy neighbors.
The NSA has become the largest, most covert, and potentially most intrusive intelligence agency ever.
Under construction by contractors with top-secret clearances, the blandly named Utah Data Center is being built for the National Security Agency. A project of immense secrecy, it is the final piece in a complex puzzle assembled over the past decade. Its purpose: to intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks. The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.” It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.
But “this is more than just a data center,” says one senior intelligence official who until recently was involved with the program. The mammoth Bluffdale center will have another important and far more secret role that until now has gone unrevealed. It is also critical, he says, for breaking codes. And code-breaking is crucial, because much of the data that the center will handle—financial information, stock transactions, business deals, foreign military and diplomatic secrets, legal documents, confidential personal communications—will be heavily encrypted. According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.”
For the NSA, overflowing with tens of billions of dollars in post-9/11 budget awards, the cryptanalysis breakthrough came at a time of explosive growth, in size as well as in power. Established as an arm of the Department of Defense following Pearl Harbor, with the primary purpose of preventing another surprise assault, the NSA suffered a series of humiliations in the post-Cold War years. Caught offguard by an escalating series of terrorist attacks—the first World Trade Center bombing, the blowing up of US embassies in East Africa, the attack on the USS Cole in Yemen, and finally the devastation of 9/11—some began questioning the agency’s very reason for being. In response, the NSA has quietly been reborn. And while there is little indication that its actual effectiveness has improved—after all, despite numerous pieces of evidence and intelligence-gathering opportunities, it missed the near-disastrous attempted attacks by the underwear bomber on a flight to Detroit in 2009 and by the car bomber in Times Square in 2010—there is no doubt that it has transformed itself into the largest, most covert, and potentially most intrusive intelligence agency ever created.
In the process—and for the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret. To those on the inside, the old adage that NSA stands for Never Say Anything applies more than ever.
A swath of freezing fog blanketed Salt Lake City on the morning of January 6, 2011, mixing with a weeklong coating of heavy gray smog. Red air alerts, warning people to stay indoors unless absolutely necessary, had become almost daily occurrences, and the temperature was in the bone-chilling twenties. “What I smell and taste is like coal smoke,” complained one local blogger that day. At the city’s international airport, many inbound flights were delayed or diverted while outbound regional jets were grounded. But among those making it through the icy mist was a figure whose gray suit and tie made him almost disappear into the background. He was tall and thin, with the physique of an aging basketball player and dark caterpillar eyebrows beneath a shock of matching hair. Accompanied by a retinue of bodyguards, the man was NSA deputy director Chris Inglis, the agency’s highest-ranking civilian and the person who ran its worldwide day-to-day operations.
A short time later, Inglis arrived in Bluffdale at the site of the future data center, a flat, unpaved runway on a little-used part of Camp Williams, a National Guard training site. There, in a white tent set up for the occasion, Inglis joined Harvey Davis, the agency’s associate director for installations and logistics, and Utah senator Orrin Hatch, along with a few generals and politicians in a surreal ceremony. Standing in an odd wooden sandbox and holding gold-painted shovels, they made awkward jabs at the sand and thus officially broke ground on what the local media had simply dubbed “the spy center.” Hoping for some details on what was about to be built, reporters turned to one of the invited guests, Lane Beattie of the Salt Lake Chamber of Commerce. Did he have any idea of the purpose behind the new facility in his backyard? “Absolutely not,” he said with a self-conscious half laugh. “Nor do I want them spying on me.”
For his part, Inglis simply engaged in a bit of double-talk, emphasizing the least threatening aspect of the center: “It’s a state-of-the-art facility designed to support the intelligence community in its mission to, in turn, enable and protect the nation’s cybersecurity.” While cybersecurity will certainly be among the areas focused on in Bluffdale, what is collected, how it’s collected, and what is done with the material are far more important issues. Battling hackers makes for a nice cover—it’s easy to explain, and who could be against it? Then the reporters turned to Hatch, who proudly described the center as “a great tribute to Utah,” then added, “I can’t tell you a lot about what they’re going to be doing, because it’s highly classified.”
And then there was this anomaly: Although this was supposedly the official ground-breaking for the nation’s largest and most expensive cybersecurity project, no one from the Department of Homeland Security, the agency responsible for protecting civilian networks from cyberattack, spoke from the lectern. In fact, the official who’d originally introduced the data center, at a press conference in Salt Lake City in October 2009, had nothing to do with cybersecurity. It was Glenn A. Gaffney, deputy director of national intelligence for collection, a man who had spent almost his entire career at the CIA. As head of collection for the intelligence community, he managed the country’s human and electronic spies.
Within days, the tent and sandbox and gold shovels would be gone and Inglis and the generals would be replaced by some 10,000 construction workers. “We’ve been asked not to talk about the project,” Rob Moore, president of Big-D Construction, one of the three major contractors working on the project, told a local reporter. The plans for the center show an extensive security system: an elaborate $10 million antiterrorism protection program, including a fence designed to stop a 15,000-pound vehicle traveling 50 miles per hour, closed-circuit cameras, a biometric identification system, a vehicle inspection facility, and a visitor-control center.
Inside, the facility will consist of four 25,000-square-foot halls filled with servers, complete with raised floor space for cables and storage. In addition, there will be more than 900,000 square feet for technical support and administration. The entire site will be self-sustaining, with fuel tanks large enough to power the backup generators for three days in an emergency, water storage with the capability of pumping 1.7 million gallons of liquid per day, as well as a sewage system and massive air-conditioning system to keep all those servers cool. Electricity will come from the center’s own substation built by Rocky Mountain Power to satisfy the 65-megawatt power demand. Such a mammoth amount of energy comes with a mammoth price tag—about $40 million a year, according to one estimate.
Given the facility’s scale and the fact that a terabyte of data can now be stored on a flash drive the size of a man’s pinky, the potential amount of information that could be housed in Bluffdale is truly staggering. But so is the exponential growth in the amount of intelligence data being produced every day by the eavesdropping sensors of the NSA and other intelligence agencies. As a result of this “expanding array of theater airborne and other sensor networks,” as a 2007 Department of Defense report puts it, the Pentagon is attempting to expand its worldwide communications network, known as the Global Information Grid, to handle yottabytes (1024 bytes) of data. (A yottabyte is a septillion bytes—so large that no one has yet coined a term for the next higher magnitude.)
It needs that capacity because, according to a recent report by Cisco, global Internet traffic will quadruple from 2010 to 2015, reaching 966 exabytes per year. (A million exabytes equal a yottabyte.) In terms of scale, Eric Schmidt, Google’s former CEO, once estimated that the total of all human knowledge created from the dawn of man to 2003 totaled 5 exabytes. And the data flow shows no sign of slowing. In 2011 more than 2 billion of the world’s 6.9 billion people were connected to the Internet. By 2015, market research firm IDC estimates, there will be 2.7 billion users. Thus, the NSA’s need for a 1-million-square-foot data storehouse. Should the agency ever fill the Utah center with a yottabyte of information, it would be equal to about 500 quintillion (500,000,000,000,000,000,000) pages of text.
The data stored in Bluffdale will naturally go far beyond the world’s billions of public web pages. The NSA is more interested in the so-called invisible web, also known as the deep web or deepnet—data beyond the reach of the public. This includes password-protected data, US and foreign government communications, and noncommercial file-sharing between trusted peers. “The deep web contains government reports, databases, and other sources of information of high value to DOD and the intelligence community,” according to a 2010 Defense Science Board report. “Alternative tools are needed to find and index data in the deep web … Stealing the classified secrets of a potential adversary is where the [intelligence] community is most comfortable.” With its new Utah Data Center, the NSA will at last have the technical capability to store, and rummage through, all those stolen secrets. The question, of course, is how the agency defines who is, and who is not, “a potential adversary.”
Before yottabytes of data from the deep web and elsewhere can begin piling up inside the servers of the NSA’s new center, they must be collected. To better accomplish that, the agency has undergone the largest building boom in its history, including installing secret electronic monitoring rooms in major US telecom facilities. Controlled by the NSA, these highly secured spaces are where the agency taps into the US communications networks, a practice that came to light during the Bush years but was never acknowledged by the agency. The broad outlines of the so-called warrantless-wiretapping program have long been exposed—how the NSA secretly and illegally bypassed the Foreign Intelligence Surveillance Court, which was supposed to oversee and authorize highly targeted domestic eavesdropping; how the program allowed wholesale monitoring of millions of American phone calls and email. In the wake of the program’s exposure, Congress passed the FISA Amendments Act of 2008, which largely made the practices legal. Telecoms that had agreed to participate in the illegal activity were granted immunity from prosecution and lawsuits. What wasn’t revealed until now, however, was the enormity of this ongoing domestic spying program.
For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail. William Binney was a senior NSA crypto-mathematician largely responsible for automating the agency’s worldwide eavesdropping network. A tall man with strands of black hair across the front of his scalp and dark, determined eyes behind thick-rimmed glasses, the 68-year-old spent nearly four decades breaking codes and finding new ways to channel billions of private phone calls and email messages from around the world into the NSA’s bulging databases. As chief and one of the two cofounders of the agency’s Signals Intelligence Automation Research Center, Binney and his team designed much of the infrastructure that’s still likely used to intercept international and foreign communications.
He explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US. The network of intercept stations goes far beyond the single room in an AT&T building in San Francisco exposed by a whistle-blower in 2006. “I think there’s 10 to 20 of them,” Binney says. “That’s not just San Francisco; they have them in the middle of the country and also on the East Coast.”
The eavesdropping on Americans doesn’t stop at the telecom switches. To capture satellite communications in and out of the US, the agency also monitors AT&T’s powerful earth stations, satellite receivers in locations that include Roaring Creek and Salt Creek. Tucked away on a back road in rural Catawissa, Pennsylvania, Roaring Creek’s three 105-foot dishes handle much of the country’s communications to and from Europe and the Middle East. And on an isolated stretch of land in remote Arbuckle, California, three similar dishes at the company’s Salt Creek station service the Pacific Rim and Asia.
The former NSA official held his thumb and forefinger close together: “We are that far from a turnkey totalitarian state.”
Binney left the NSA in late 2001, shortly after the agency launched its warrantless-wiretapping program. “They violated the Constitution setting it up,” he says bluntly. “But they didn’t care. They were going to do it anyway, and they were going to crucify anyone who stood in the way. When they started violating the Constitution, I couldn’t stay.” Binney says Stellar Wind was far larger than has been publicly disclosed and included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts. The haul only grew from there. According to Binney—who has maintained close contact with agency employees until a few years ago—the taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct “deep packet inspection,” examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.
The software, created by a company called Narus that’s now part of Boeing, is controlled remotely from NSA headquarters at Fort Meade in Maryland and searches US sources for target addresses, locations, countries, and phone numbers, as well as watch-listed names, keywords, and phrases in email. Any communication that arouses suspicion, especially those to or from the million or so people on agency watch lists, are automatically copied or recorded and then transmitted to the NSA.
The scope of surveillance expands from there, Binney says. Once a name is entered into the Narus database, all phone calls and other communications to and from that person are automatically routed to the NSA’s recorders. “Anybody you want, route to a recorder,” Binney says. “If your number’s in there? Routed and gets recorded.” He adds, “The Narus device allows you to take it all.” And when Bluffdale is completed, whatever is collected will be routed there for storage and analysis.
According to Binney, one of the deepest secrets of the Stellar Wind program—again, never confirmed until now—was that the NSA gained warrantless access to AT&T’s vast trove of domestic and international billing records, detailed information about who called whom in the US and around the world. As of 2007, AT&T had more than 2.8 trillion records housed in a database at its Florham Park, New Jersey, complex.
Verizon was also part of the program, Binney says, and that greatly expanded the volume of calls subject to the agency’s domestic eavesdropping. “That multiplies the call rate by at least a factor of five,” he says. “So you’re over a billion and a half calls a day.” (Spokespeople for Verizon and AT&T said their companies would not comment on matters of national security.)
WD Nomad™ Rugged Case for My Passport Portable Drives
WD Nomad case for My Passport hard drives
Western Digital My Passport 2TB Unboxing and Review
Western Digital Elements 2TB External Hard Drive Review
Western Digital My Passport 2TB USB 3.0 portable hard drive review
Western Digital (WD) My Passport 2TB HDD Review
Review: Western Digital My Passport (2TB)
If looks aren’t paramount, you’d be hard pressed to find a better portable drive than the My Passport. It has plenty of capacity and top-notch performance.
The My Passport is Western Digital’s mainstream line of portable hard drives. The best performer in the roundup, it’s available in 500GB to 2TB flavors for twice the available capacity of any of the other drives we tested.
The $180, 2TB My Passport that WD sent us took the top spot by a very slight margin over its slimmer My Passport Edge cousin. It read our 10GB mix of files and folders at 61.2MBps, and it wrote them at 48.3MBps. The same operations with our large 10GB file registered 113.2MBps and 104.2MBps. That’s fast in anyone’s book; it’s more than adequate for streaming HD movies, backing up client PCs, or any other chore you can think of.
WD’s SmartWare software bundle comes preloaded on the My Passport. The package supports the PC and the Mac, offering secure erase, SMART status, drive-level password protection, and sleep timer adjustment, as well as backup. While it’s neither the smallest nor the sexiest drive in this roundup, the My Passport is arguably the best all-around product.
Note: This review is part of a five-product roundup. Click here to return to the introduction, or click on the next review you’d like to read:
ou can never have too much digital storage, and the day will come—sooner than you think—when you won’t be able to squeeze a single new file onto your computer’s hard drive. And if your primary computer is a laptop or an all-in-one desktop, you won’t be able to solve the problem by opening the case and tossing in a supplemental drive.
One solution might be to rent storage space in the cloud, but buying a hard-drive’s worth of capacity is prohibitively expensive: 500GB of storage on Dropbox, for example, will set you back $499 per year. If you need just storage, as opposed to a service for file syncing or collaborating via the cloud, buying a portable hard drive is far more economical. For less than $200, you can get a 2TB drive that supplies four times the capacity of a Dropbox account. Pay for that storage capacity once, and you’ll own it forever—and you can take it with you wherever you go. Before you can choose the right drive, however, you have to identify your needs, wants, and budget.
Mac or PC: OS X and Windows use different file systems (HFS+ and NTFS, respectively), so most hard-drive manufacturers offer platform-specific models; the drives are preformatted accordingly, and the bundled software (if any) is compatible with the given platform. OS X can read files on an NTFS drive, but it can’t write them. If you intend to use the same drive on both platforms, you can install software on your Mac that will enable it to do both: NTFS-3G is a free option. If you prefer commercial software, take a look at Paragon NTFS ($20) or Tuxera NTFS ($32).
Capacity: To determine how much storage you need, consider adopting this rule of thumb from drive manufacturer Western Digital: A 500GB hard drive can store approximately 100,000 digital photos taken with a 6-megapixel camera, or 125,000 songs encoded as 128-kbps MP3 files. Higher-resolution photos and music, of course, consume more storage.
Everything else being equal, a high-capacity drive will deliver a better price-to-performance ratio than a low-capacity model: For instance, a 500GB drive priced at $100 costs around 20 cents per gigabyte, while a 2TB drive priced at $180 costs just 9 cents per gigabyte. You won’t regret buying more storage capacity than you currently need, because you will surely need more later.
Rotational speed: The rate at which a hard drive spins its platters has a direct effect on how fast it can read and write data. A drive spinning at 7200 rpm will deliver much better performance than a drive spinning at 5400 rpm. Some high-end desktop drives spin their platters at 10,000 rpm.
The Buffalo MiniStation provides both USB 3.0 and Thunderbolt connections.
Drive interface: Once you’ve decided on the speed and capacity you need, you need to consider how the drive will connect to your computer. USB is the most common interface for Macs and PCs, and USB 3.0 delivers a faster data rate than USB 2.0 (5 gbps versus 480 mbps) and more electrical power to an attached device (900mA versus 500mA). The newer standard is backward-compatible, so your computer will be able to use a USB 3.0 drive even if the computer has only USB 2.0 ports.
Thunderbolt ports are twice as fast as USB 3.0 ports, achieving a raw data transfer rate of 10 gbps. That’s speedy enough to transfer a full-length, high-definition movie in less than 30 seconds. Apple provides Thunderbolt ports on its most recent desktop and laptop computers, and the technology is beginning to show up on Windows machines, too. Thunderbolt hard drives are relatively expensive, however: At $180, Buffalo’s 500GB MiniStation HD-PA500TU3 portable drive costs nearly as much as a 2TB hard drive equipped with a USB 3.0 interface. Still, If you choose to buy one of Buffalo’s drives, you’ll be happy to know that the company includes a Thunderbolt cable in the box, given ho pricey these cables are: Apple’s 2-meter cable costs $49.
Plug this $100 adapter into any Seagate GoFlex drive, and you’ll gain a fast Thunderbolt port.
FireWire (also known as IEEE 1394) is another high-speed interface used on both Macs and many PCs. The FireWire 400 interface can support a data transfer rate of 400 mbps, while the newer FireWire 800 interface can deliver throughput of 786 mbps.
USB, Thunderbolt, and FireWire all provide enough electrical power to run an attached drive, so the only cord you’ll need to carry with you is the appropriate interface cable.
Enclosure: The vast majority of portable hard drives are 2.5-inch mechanisms, but not all portable hard drives are the same size. Some models come housed in low-profile enclosures, while others are wrapped in shock-absorbing material within ruggedized cases. Such design decisions affect the drive’s overall weight, but they also influence how well the drive can survive misadventure. If you’re a frequent traveler who grudges every ounce that goes into your laptop bag, you’ll need to work out for yourself the right balance between data security and tolerable shoulder load.
This rugged Nomad case for Western Digital’s Passport drives costs $20.
Some manufacturers, including Seagate and Western Digital, offer accessory cases for their drives that can add shock protection. We especially like the Nomad hard-shell case for Western Digital’s Passport drives. The amply padded, 6.25-ounce polycarbonate case has an opening for a USB cable, so you don’t have to remove the drive to use it.
Other features: In situations where performance is roughly equal, the easiest way for a hard drive manufacturer to differentiate its product from the competition’s is by adding special features or by bundling the drive with useful software. If you’re interested in backing up your PCs, watch for drives that come bundled with automated backup software.
If you’re security conscious, look for a drive that you can password-protect or that includes software for encrypting the data stored on it. Some Seagate drives support the Universal Storage Module standard: They use SATA as their primary hardware interface, but you can switch to a USB, Thunderbolt, or FireWire interface by plugging in the appropriate module. Seagate is also unique in offering a portable drive that can wirelessly stream media to a mobile client device.
A few of our favorite portable hard drives
Buffalo MiniStation Thunderbolt
Buffalo MiniStation Thunderbolt: The MiniStation sports both a USB 3.0 and a Thunderbolt interface, but the drive’s rather pedestrian rotational speed of 5400 rpm hobbles its overall performance. It comes preformatted for the Mac, and both USB 3.0 and Thunderbolt cables are included.
Click here to read Macworld’s complete hands-on review of the 1TB model in a Mac environment.
Rocstor Lancer LX
Rocstor Lancer LX: If you’re looking for a ruggedized drive with a very fast interface, Rocstor’s Lancer LX provides both USB 3.0 and two FireWire 800 ports. The border of the enclosure is fabricated from aluminum and can bear a fair amount of weight, while shock-absorbing material inside the case protects the drive from thumps and bumps.
Click here to read our detailed review of the 500GB model in a PC environment.
Seagate Satellite
Seagate Satellite: This battery-powered drive can create its own local hotspot, and stream audio and video to up to eight wireless clients. Seagate provides client software for Android and iOS devices, plus an NTFS driver for the Mac. It uses a USB 3.0 interface.
Click here to read our full review of the 500GB drive in a PC environment.
Seagate Slim
Seagate Slim: The 9mm-thin Seagate Slim is appropriately named. It leaves the factory with a USB 3.0 interface, but since it’s based on the Universal Storage Module standard, you can purchase an optional Thunderbolt interface for $100 (you’ll need to provide your own cable). It comes formatted for NTSF, but Seagate provides an NTFS driver for the Mac. On the downside, this model delivers only 500GB of capacity.
Click here for our hands-on review of the Slim in a PC environment.
Western Digital My Passport
Western Digital My Passport: For people who need a lot of storage on the go, this drive packs up to 2TB of space into a package that weighs just 8 ounces. It comes with a USB 3.0 interface and a collection of utilities—including automatic back-up software—for both the Mac and the PC.
Click here for our complete review of the My Passport in a PC environment.
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