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Sharyl Attkisson Talks “Stonewalled”
Richard Nixon Foundation
Published on Mar 11, 2015
March 10, 2015: Author of Stonewalled: My Fight for Truth Against the Forces of Obstruction, Intimidation and Harassment in Obama’s Washington The Emmy-award winner spoke of how she was the target of hacking and surveillance while reporting in Washington DC and offered an incisive critique of the media and the shrinking role of investigative journalism in today’s world. Sharyl Attkisson has been a journalist for more than 20 years. During that time she has exposed scandals and covered controversies under both Republican and Democratic administrations.
Full Measure with Sharyl Attkisson is television’s most original Sunday news program. The program specializes in fearless reporting on untouchable subjects to bring you stories you won’t see anywhere else. The host is investigative journalist Sharyl Attkisson, five-time Emmy Award winner and recipient of the Edward R. Murrow award for investigative reporting. Attkisson is backed by a team of award winning journalists.
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FULL MEASURE: April 1, 2018 – Snowflake Syndrome Part 2
FULL MEASURE: February 18, 2018 – Washington’s Press
FULL MEASURE: February 18, 2018 – Russia Probe
FULL MEASURE: January 21, 2018 – Cram Culture
FULL MEASURE: January 21, 2018 – Trump and Media
Full Measure Continuing Coverage: Swamp Creatures
FULL MEASURE: November 12, 2017 – The Big Miss Revisited
FULL MEASURE: October 29, 2017 – High-Speed Spending
Sharyl Attkisson
American author
Sharyl Attkisson is an American author and host of the weekly Sunday public affairs program Full Measure with Sharyl Attkisson, which airs on television stations operated by the Sinclair Broadcast Group. She was formerly an investigative correspondent in the Washington bureau for CBS News. Wikipedia
Sharyl Attkisson (born January 26, 1961[4]) is an American author and host of the weekly Sunday public affairs program Full Measure with Sharyl Attkisson, which airs on television stations operated by the Sinclair Broadcast Group.[5] She was formerly an investigative correspondent in the Washington bureau for CBS News. She had also substituted as anchor for the CBS Evening News. She resigned from CBS News on March 10, 2014, after 21 years with the network. Her book Stonewalled reached number 3 on The New York Times e-book non-fiction best seller list in November 2014[6] and number 5 on The New York Times combined print and e-book non-fiction best-seller list the same week.[7]
Attkisson began her broadcast journalism career in 1982 as a reporter at WUFT-TV, the PBS station in Gainesville, Florida. She later worked as an anchor and reporter at WTVX-TV Fort Pierce/West Palm Beach, Florida from 1982–1985, WBNS-TV, the CBS affiliate in Columbus, Ohio from 1985–86, and WTVT Tampa, Florida (1986–1990).[10]
1990s
From 1990–1993, Attkisson was an anchor for CNN, and also served as a key anchor for CBS space exploration coverage in 1993.[11] Attkisson left CNN in 1993,[12] moving to CBS, where she anchored the television news broadcast CBS News Up to the Minute and became an investigative correspondent based in Washington, D.C.[10]
She served on the University of Florida‘s Journalism College Advisory Board (1993–1997) and was its chair in 1996.[10] The University gave her an Outstanding Achievement Award in 1997. From 1997 to 2003, Attkisson simultaneously hosted CBS News Up to the Minuteand the PBS health-news magazine HealthWeek.[13]
In 2002, she co-authored a college textbook, Writing Right for Broadcast and Internet News; later that same year she won an Emmy Award for her Investigative Journalism about the American Red Cross.[10] The award was presented in New York City on September 10, 2002.[16] Attkisson was part of the CBS News team that received RTNDA-Edward R. Murrow Awards in 2005 for Overall Excellence.[14]
In 2006, Attkisson served as Capitol Hill correspondent for CBS,[17] as one of a small number of female anchors covering the 2006 midterms.[18] Attkisson was part of the CBS News team that received RTNDA-Edward R. Murrow Awards in 2008 for Overall Excellence.[14]
In 2008, Attkisson reported that a claim by Hillary Clinton to have dodged sniper fire in Bosnia was unfounded: Clinton’s trip to Bosnia was risky, Attkisson said, but no real bullets were dodged. Attkisson was on the trip with Clinton.[19] The day after Attkisson’s report on the CBS Evening News, Clinton admitted there was no sniper fire and said she “misspoke.” [20][21] In 2009, Attkisson won an Investigative Emmy Award for Business and Financial Reporting for her exclusive reports on the Troubled Asset Relief Program (TARP) and the bank bailout.[14] The award was presented on December 7 at Fordham University‘s Lincoln Center Campus in New York City.[22]
2010s
Attkisson returned to the University of Florida as a keynote speaker at the College of Journalism and Communications in 2010.[9] That same year, she received an Emmy Award nomination for her investigations into members of Congress, and she also received a 2010 Emmy Award nomination for her investigation into waste of tax dollars.[23] In July 2011, Attkisson was nominated for an Emmy Award for her Follow the Money investigations into Congressional travel to the Copenhagen climate summit, and problems with aid to Haiti earthquake victims.[14][24]
In 2011, Paul Offit criticized Attkisson’s reporting on vaccines as “damning by association” and lacking sufficient evidence in his book Deadly Choices .[25] In the medical literature, Attkisson has been accused of using problematic rhetorical tactics to “imply that because there is no conclusive answer to certain problems, vaccines remain a plausible culprit.”[26]
In June 2012, Attkisson’s investigative reporting for the Gunwalker story also won the CBS Evening News the Radio and Television News Directors Association’s National Edward R. Murrow Award for Excellence in Video Investigative Reporting. The award was presented October 8, 2012 in New York City.[28] In July 2012, Attkisson’s Gunwalker: Fast and Furious reporting received an Emmy Award.[29]
On March 10, 2014, Attkisson resigned from CBS News in what she stated was an “amicable” parting.[30][31]Politico reported that according to sources within CBS there had been tensions leading to “months of hard-fought negotiations” – that Attkisson had been frustrated over what she perceived to be the network’s liberal bias and lack of dedication to investigative reporting, as well as issues she had with the network’s corporate partners, while some colleagues within the network saw her reporting as agenda-driven and doubted her impartiality.[31]
Later that year, her book Stonewalled: One Reporter’s Fight for Truth Against the Forces of Obstruction, Intimidation, and Harassment in Obama’s Washington (Harpers) was published.[7] In this work, she accused CBS of protecting the Obama administration by not giving enough coverage to such stories as the 2012 Benghazi attack and slow initial enrollments under Obamacare.[32] The book was a New York Times Best Seller.[7]
The Smear: How Shady Political Operatives and Fake News Control What You See, What You Think, and How You Vote was published by HarperCollins in summer 2017.[33]
Report of Attkisson’s computer being hacked
In May 2013, while still employed at CBS, Attkisson alleged that her personal and work computers had been “compromised” for more than two years.[34]CBS News stated that it had investigated her work computer and found evidence of multiple unauthorized accesses by a third party in late 2012.[35] The U.S. Department of Justice denied any involvement.[36] In her 2014 book, she reported that a forensic examination revealed that her personal computer was hacked with keystroke logging spyware, enabling an intruder to read all her e-mail messages and gain access to the passwords for her financial accounts.[37]
In late January 2015, Attkisson appeared before the Senate Judiciary Committee[38] during a confirmation hearing for Loretta Lynch, President Obama’s nominee to replace outgoing Attorney General Eric Holder. As part of her appearance in front of that committee, a report by the Office of Inspector General (OIG) was released[39] stating that “their investigation was not able to substantiate… allegations that Attkisson’s computers were subject to remote intrusions by the FBI, other government personnel, or otherwise” and the deletion seen in Attkisson’s video “appeared to be caused by the backspace key being stuck, rather than a remote intrusion”.[40][41][42] “CBS News told the OIG that they did not conduct any analysis on her personal computer.”[43]
In February 2015, The Washington Examiner clarified that the OIG did not examine the CBS News computer that Attkison claimed was compromised, but only inspected Attkisson’s personal devices.[44]
In March 2015, Attkisson and her family filed a suit against Holder, Patrick R. Donahoe and unnamed agents of the US Department of Justice, the US Postal Service and the United States in the Superior Court of the District of Columbia claiming to have been subject to illegal surveillance activities.[45][46] Her claim was dismissed in 2017, with the court finding “that the complaint fails to allege sufficient facts [which] make a plausible claim that either defendant personally engaged in the alleged surveillance”.[47]
Personal life
Attkisson has reached fourth-degree black belt in taekwondo.[8] She is married and has a daughter.[48]
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China hands down harshest sentence yet in crackdown on activists
By Christian Shepherd
Reuters
China sentenced a prominent rights activist to eight years in jail for subversion on Tuesday, his lawyer said, the harshest sentence passed in a government crackdown on activism that began more than two years ago.
In a separate case, a rights lawyer avoided criminal punishment despite being found guilty of inciting subversion, because he admitted his crimes, the Chinese court trying him said.
Wu Gan, a blogger better known by his online name “Super Vulgar Butcher”, plans to appeal against the eight-year sentence handed down by the Tianjin Municipality’s No. 2 Intermediate People’s Court, his lawyer, Yan Xin, told Reuters.
The harshness of the sentence prompted the German embassy in Beijing to issue a statement expressing disappointment.
Wu regularly championed sensitive cases of government abuses of power, both online and in street protests. He was detained in May 2015 and charged with subversion.
The activist criticized China’s political system online and used performance art to create disturbances, as well as insulting people and spreading false information, according to a statement from the court posted on its website.
“He carried out a string of criminal actions to subvert state power and overthrow the socialist system and seriously harmed state security and social stability,” the court said.
Before his arrest, Wu used his platform to cast doubt on the official version of events in an incident in early May 2015, in which a police officer shot a petitioner in a train station in northern Heilongjiang province.
Wu’s refusal to bow to pressure or admit guilt likely explains his harsh sentence, said Kit Chan, Hong Kong-based director of China Human Rights Lawyers Concern Group.
“Wu Gan is being punished for his non-conformity,” she said.
His sentence is the most severe in what rights groups have called an unprecedented attack on China’s rights activists and lawyers, known as the 709 crackdown, which began in full force on July 9, 2015.
The hardline approach to rights activism has shown no sign of softening as Chinese President Xi Jinping enters his second five-year term in office.
In the other case concluded on Tuesday, rights lawyer Xie Yang received no punishment after being found guilty of inciting subversion and disrupting court order, the Changsha Intermediate People’s Court said on social media.
The court released a video of the proceedings, in which Xie said he accepted the outcome and would not appeal. He also thanked authorities and said he will be a law-abiding citizen.
Xie had worked on numerous cases deemed sensitive by Chinese authorities, such as defending supporters of Hong Kong’s pro-democracy protests. In May, he confessed to the charges against him in what rights groups called a scripted “sham” trial.
In January, Xie’s wife and lawyer released detailed accounts of torture suffered by Xie at the hands of the authorities, which were widely reported on in the international media.
Chinese state media branded those reports “fake news” and said the accounts were concocted as a means of gaining attention. Xie’s lawyer told Reuters he stands by the account.
“In both cases these have been serious concerns about violations of due process of law,” the German embassy in Beijing said in a statement.
The decision to hand down both sentences the day after Christmas, when there would likely be less attention from diplomats and international observers, “reeks of cynical political calculation”, said Patrick Poon, Hong Kong-based researcher for Amnesty International.
Asked about the verdicts, China’s foreign ministry spokeswoman Hua Chunying told a regular briefing that Amnesty is biased when it comes to China and should not be believed, adding that China abides by the rule of law.
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Sharyl Attkisson (born January 26, 1961)[1] is an American author and host of the weekly Sunday public affairs program Full Measure with Sharyl Attkisson, which airs on television stations operated by the Sinclair Broadcast Group.[2] She was formerly an investigative correspondent in the Washington bureau for CBS News. She had also substituted as anchor for the CBS Evening News. She resigned from CBS News on March 10, 2014 after 21 years with the network. Her book Stonewalled reached number 3 on New York Times e-book non-fiction best seller list in November 2014[3] and number 5 on The New York Times combined print and e-book non-fiction best-seller list the same week.[4]
Attkisson began her broadcast journalism career in 1982, aged 22, as a reporter at WUFT-TV, the PBS station in Gainesville, Florida. She later worked as an anchor and reporter at WTVX-TV Fort Pierce/West Palm Beach, Florida from 1982–1985, WBNS-TV, the CBS affiliate in Columbus, Ohio from 1985–86, and WTVT Tampa, Florida (1986–1990).[7]
1990s
From 1990–1993, Attkisson was an anchor for CNN, and also served as a key anchor for CBS space exploration coverage in 1993.[8] Attkisson left CNN in 1993,[9] moving to CBS, where she anchored the television news broadcast CBS News Up to the Minute and became an investigative correspondent based in Washington, D.C.[7]
She served on the University of Florida‘s Journalism College Advisory Board (1993–1997) and was its chair in 1996.[7] The University gave her an Outstanding Achievement Award in 1997. From 1997 to 2003, Attkisson simultaneously hosted CBS News Up to the Minute and the PBS health-news magazine HealthWeek.[10]
In 2002, she co-authored a college textbook, Writing Right for Broadcast and Internet News; later that same year she won an Emmy Award for her Investigative Journalism about the American Red Cross.[7] The award was presented in New York City on September 10, 2002.[13] Attkisson was part of the CBS News team that received RTNDA-Edward R. Murrow Awards in 2005 for Overall Excellence.[11]
In 2006, Attkisson served as Capitol Hill correspondent for CBS,[14] as one of a small number of female anchors covering the 2006 midterms.[15] Attkisson was part of the CBS News team that received RTNDA-Edward R. Murrow Awards in 2008 for Overall Excellence.[11]
In 2008, Attkisson reported that a claim by Hillary Clinton to have dodged sniper fire in Bosnia was unfounded: Clinton’s trip to Bosnia was risky, Attkisson said, but no real bullets were dodged. Attkisson was on the trip with Clinton.[16] The day after Attkisson’s report on the CBS Evening News, Clinton admitted there was no sniper fire and said she “misspoke.” [17][18]In 2009, Attkisson won an Investigative Emmy Award for Business and Financial Reporting for her exclusive reports on the Troubled Asset Relief Program (TARP) and the bank bailout.[11] The award was presented on December 7 at Fordham University‘s Lincoln Center Campus in New York City.[19]
Attkisson returned to the University of Florida as a keynote speaker at the College of Journalism and Communications in 2010.[6] That same year, she received an Emmy Award nomination for her investigations into members of Congress, and she also received a 2010 Emmy Award nomination for her investigation into waste of tax dollars.[20] In July 2011, Attkisson was nominated for an Emmy Award for her Follow the Money investigations into Congressional travel to the Copenhagen climate summit, and problems with aid to Haiti earthquake victims.[11][21]
In 2011, Paul Offit criticized Attkisson’s reporting on vaccines in his book Deadly Choices as “damning by association” and lacking sufficient evidence.[22] Dr. Offit has been criticized for providing false information about Attkisson and his vaccine industry ties. [23] Attkisson has been identified in the medical literature as using problematic rhetorical tactics that “imply that because there is no conclusive answer to certain problems, vaccines remain a plausible culprit.”[24] Attkisson’s reporting was cited favorably in a letter to the New England Journal of Medicine by neurosurgeon Jon Poling who wrote that Offit had “misrepresented” the case of Hannah Poling v. HHS, and that Offit’s remarks on the case were “not evidence based.”[25]
In June 2012, Attkisson’s investigative reporting for the Gunwalker story also won the CBS Evening News the Radio and Television News Directors Association’s National Edward R. Murrow Award for Excellence in Video Investigative Reporting. The award was presented October 8, 2012 in New York City.[27] In July 2012, Attkisson’s Gunwalker: Fast and Furious reporting received an Emmy Award[28]
On March 10, 2014, Attkisson resigned from CBS News.[29] She stated that the parting was “amicable”.[30]Politico reported that according to sources within CBS there had been tensions leading to “months of hard-fought negotiations” – that Attkisson had been frustrated over what she perceived to be the network’s liberal bias and lack of dedication to investigative reporting, as well as issues she had with the network’s corporate partners, while some[who?] within the network saw her reporting as agenda-driven and doubted her impartiality.[30]
Later that year came the release of her New York Times Best Seller, Stonewalled: One Reporter’s Fight for Truth Against the Forces of Obstruction, Intimidation, and Harassment in Obama’s Washington (Harpers),[4] in which she accused CBS of protecting the Obama administration by not giving enough coverage to such stories as the 2012 Benghazi attack and slow initial enrollments under Obamacare.[31]
In February 2015, Attkisson gave a TEDx talk at the University of Nevada. In the talk, she said that astroturfing was swaying public opinion, legislation and media outlets.[32]
In May 2013, while still employed at CBS, Attkisson alleged that her personal and work computers had been “compromised” for more than two years.[33]CBS News stated that it had investigated her work computer and found evidence of multiple unauthorized accesses by a third party in late 2012.[34] The U.S. Department of Justice denied any involvement.[35] In her 2014 book, she alleged that her personal computer was hacked with keystroke logging spyware, enabling an intruder to read all her e-mail messages and gain access to the passwords for her financial accounts.[36]
In late January 2015, Attkisson appeared before the Senate Judiciary Committee[37] during a confirmation hearing for Loretta Lynch, President Obama’s nominee to replace outgoing Attorney General Eric Holder. Attkisson’s testimony concentrated on the Justice Department under Holder and was not related to Lynch’s qualifications.[by whom?] As part of her appearance in front of that committee, a report by the Office of Inspector General (OIG) was released[38] stating that “their investigation was not able to substantiate… allegations that Attkisson’s computers were subject to remote intrusions by the FBI, other government personnel, or otherwise” and the deletion seen in Attkinsson’s video “appeared to be caused by the backspace key being stuck, rather than a remote intrusion”.[39][40][41] “CBS News told the OIG that they did not conduct any analysis on her personal computer.”[42]
In February 2015, The Washington Examiner clarified that the OIG did not examine Attkisson’s compromised CBS News computer,[42] the OIG only inspected Attkisson’s personal devices.[43]
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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: First The CIA Director Now The State Department Contradict Obama’s Islamic State, Syria and Iraq Policies — The Hillary Clinton Support Network Of Lying Lunatic Leftists Throws Obama Under The Bus — Work Place Violence — Hate Crime — Terrorist Act — Radical Islam — Radical Islamic Terrorist — Radical Islamic Terrorist Jihadists — Face Reality and Stopping Lying Obama — Radical Islamists Are A Majority of The World’s 1,600+ Million Muslims And Want Sharia Law — Ban All Radical Islamists From United States Permanently — Videos
Radical Islam: The Most Dangerous Ideology
What ISIS Wants
The rise of ISIS, explained in 6 minutes
The Basics of Islam 8: Robert Spencer on The Meaning of the Word “Jihad”
Robert Spencer Moment: Trump Was Right.
Robert Spencer on Hannity on the Orlando jihad massacre
The Basics of Islam 1: Robert Spencer on “Islamophobia”
What Does Jihad Really Mean? | For the Record
CIA Director Grave Warning: ISLAMIC STATE Dangerous As Ever
Gorka: CIA director no longer spreading Obama’s narrative
CIA CHIEF CONTRADICTS PRESIDENT OBAMA ON ISIS
Robert Spencer speaks on the Syrian refugee crisis and the Islamic idea of hijrah
State Department diplomats slam Obama’s Syria policy
Diplomats slam Obama’s Syria policy
Dozens of State Department officials just revolted against Obama’s Syria policy
How will Trump react to the diplomats’ memo on Syrian war?
Syria’s war: Who is fighting and why
The war in Syria explained in five minutes | Guardian Animations
State Department dissent memo critical of Obama policy on Syria and Assad
State Department Demands Policy Shift In Syria | MSNBC
DHS Whistleblower Phil Haney exposes Obama administration during Press Conference
DHS Whistleblower Exposes Government’s Submission To Jihad (FULL Press Conference)
Government Insider BLOWS WHISTLE on Obama’s ‘Countering Violent Extremism’ Policy
State Dept Under Fire For Including Syria In Top Foreign Policy Moments – America’s Newsroom
Ben Shapiro: The Myth of the Tiny Radical Muslim Minority
Obama gives speech in Orlando
Obama goes on tirade against Trump over ‘dangerous’ Muslim ban, ‘radical Islam’
Obama on ‘Radical Islam’
Speech by President Barack Obama After Counter-ISIL Meeting
President Obama On Orlando Shooting
Top Ex-CIA Agent Has ‘Chilling Warning’ About Obama’s Plans for Islamic State!
CIA Director on Islamic State
CIA Director John Brennan on ISIS and Global Threats at CSIS
CIA Chief Warns Islamic State Isn’t Finished Yet
CIA’S Brennan: Islamic State’s Momentum Blunted in Syria, Iraq
Shariamerica: Islam, Obama, and the Establishment Clause
Full Event: Donald Trump Rally in Dallas, TX (6-16-16)
An ’embarrassing’ break: Dozens of State Department officials just revolted against Obama’s Syria policy
At least 51 “mid-to-high-level State Department officials” have signed a dissent channel cable breaking with President Barack Obama’s policy on Syria and calling for US airstrikes on the regime of Syrian President Bashar Assad.
“Failure to stem Assad’s flagrant abuses will only bolster the ideological appeal of groups such as Daesh, even as they endure tactical setbacks on the battlefield,” the cable reads, according to The Journal.
Daesh is an alternate name for ISIS, aka the Islamic State or ISIL.
“We are aware of a dissent channel cable written by a group of State Department employees regarding the situation in Syria,” State Department spokesman John Kirby told The Wall Street Journal.
“We are reviewing the cable now, which came up very recently, and I am not going to comment on the contents,” he said.
The officials who signed the document “range from a Syria desk officer in the Bureau of Near Eastern Affairs to a former deputy to the American ambassador in Damascus,” and have all been involved in formulating or carrying out the administration’s Syria policy.
That policy has largely emphasized defeating the Islamic State over bolstering Syria’s anti-Assad rebel groups.
According to the American Foreign Service Association, the dissent channel is “a serious policy channel reserved only for consideration of responsible dissenting and alternative views on substantive foreign policy issues that cannot be communicated in a full and timely manner through regular operating channels and procedures.”
It is available to all “regular or re-employed annuitant employees” of the State Department and the US Agency for International Development.
The number of officials – at least 50 – who have signed the internal document calling for military action against Assad is unusual, a former State Department official who worked on Middle East policy told The Journal.
“It’s embarrassing for the administration to have so many rank-and-file members break on Syria,” they said.
Fighters of the Syrian Democratic Forces sit in a lookout position in the western rural area of Manbij.Thomson Reuters
The cable calls for the Obama administration to place more emphasis on defeating Assad – whose brutality is seen by many experts as the driver of Syria’s jihadist problem – by arming and regaining the trust of Syria’s moderate opposition.
That, in turn, will “turn the tide of the conflict against the regime [to] increase the chances for peace by sending a clear signal to the regime and its backers that there will be no military solution to the conflict,” the cable reportedly says.
The CIA-backed factions of the Free Syrian Army – the majority of which are Arab and battling forces loyal to Assad – have at times clashed with Pentagon-trained fighters associated with the Syrian Democratic Forces, who are predominantly Kurdish and focused on defeating the Islamic State.
Their divergent military objectives and ethnicities have bred mistrust and fighting that is ultimately counterproductive to the cause of the revolution.
Several high-ranking government officials, moreover – including Robert S. Ford, a former ambassador to Syria, and Obama’s former defense secretary, Chuck Hagel – have left their positions over Obama’s failure to act decisively against Assad, whose brutality continues to fuel a bloody revolution that has left over 400,000 people dead and millions displaced.
“Many people working on Syria for the State Department have long urged a tougher policy with the Assad government as a means of facilitating arrival at a negotiated political deal to set up a new Syrian government,” Ford told The New York Times on Thursday.
Protesters carry Free Syrian Army flags and chant slogans during an antigovernment protest in the town of Marat Numan in Idlib Province, Syria, on March 4.REUTERS/Khalil Ashawi
“The moral rationale for taking steps to end the deaths and suffering in Syria, after five years of brutal war, is evident and unquestionable,” the cable said. ” The status quo in Syria will continue to present increasingly dire, if not disastrous, humanitarian, diplomatic and terrorism-related challenges.”
Assad crossed Obama’s now infamous “red line” for airstrikes in 2013, when he used chemical weapons to kill more than 1,000 people in the eastern Damascus suburb of Ghouta. Obama backed away from that red line when Assad agreed to a Russia-brokered deal to destroy his chemical-weapons stockpile.
Some experts say, however, that the entire stockpile has not been destroyed as promised.
“The US’ Syria policy has always been in the head of one man, and one man only: Barack Obama. No one else has ever really had a say in what happens in Syria,” Tony Badran, a Middle East expert and researcher at the Foundation for Defense of Democracies, told Business Insiderin a previous interview.
“Obama has owned it since day one – and from day one, he never intended to remove Assad,” he said.
The cable addresses Russia’s bombing campaign in Syria as well, asserting that Moscow and Assad have not taken past ceasefires and “consequential negotiations” seriously.
Russia entered the war in late September 2015 on behalf of Assad under the guise of fighting ISIS. Russian warplanes have primarily targeted non-jihadist, anti-Assad rebel groups, however, many of which are backed by the US, Turkey, and Saudi Arabia.
Government warplanes bombarded the besieged Syrian town of Darayya with barrel bombs last weekend, shortly after food aid was delivered to the town for the first time in nearly four years.
Chart: Obama Admin. On Pace to Issue One Million Green Cards to Migrants from Majority-Muslim Countries
SWEN PFOERTNER/AFP/Getty Images
by CAROLINE MAY
The Obama Administration is on pace to issue more than a million green cards to migrants from majority-Muslim countries, according to an analysis of Department of Homeland Security data.
A chart released by the Senate Subcommittee on Immigration and the National Interest Friday details the surge in immigration to the U.S. from majority-Muslim countries since President Barack Obama took office in 2009.
Specifically, in the first six fiscal years of Obama’s presidency (FY2009 – FY2014), his administration issued 832,014 green cards to migrants majority-Muslim countries, the most of which were issued to migrants from Pakistan (102,000), Iraq (102,000), Bangladesh (90,000), Iran (85,000), Egypt (56,000), and Somalia (37,000).
The total 832,014 new permanent residents do not include migrants on temporary, nonimmigrant visas — which allow foreign nationals to come to the U.S. temporarily for work, study, tourism and the like. As the subcommittee notes, the number also does not include those migrants who overstayed the terms of their visas.
Regardless, as the subcommittee explained in its analysis, the U.S. is playing host to immigrants from majority Muslim countries at an increasing pace.
Between FY 2013 and FY 2014, the number of green cards issued to migrants from Muslim-majority countries increased dramatically – from 117,423 in FY 2013, to 148,810 in FY 2014, a nearly 27 percent increase. Throughout the Obama Administration’s tenure, the United States has issued green cards to an average of 138,669 migrants from Muslim-majority countries per year, meaning that it is nearly certain the United States will have issued green cards to at least 1.1 million migrants from Muslim-majority countries on the President’s watch. It has also been reported that migration from Muslim-majority countries represents the fastest growing class of migrants.
Green cards, or Lawful Permanent Residency, puts immigrants on the path to citizenship and allows for lifetime residency, federal benefits, and work authorization. Included in the totals are refugees, who are required to apply for a green card after one year of residency in the U.S. Unlike other types of immigrants, refugees are immediately eligible for welfare benefits including Temporary Assistance to Needy Families (TANF), food stamps, and Medicaid.
A report from the Office of Refugee Resettlement (ORR) indicated that in FY 2013, 91.4 percent of Middle Eastern refugees (accepted to the U.S. between 2008-2013) received food stamps, 73.1 percent were on Medicaid or Refugee Medical Assistance and 68.3 percent were on cash welfare.
Green Card Totals, FY09-FY14:
Pakistan (102K), Iraq (102K), Bangladesh (90K), Iran (85K), Egypt (56K), Somalia (37K), Uzbekistan (30K), Turkey (26K), Morocco (25K), Jordan (25K), Albania (24K), Afghanistan (21K), Lebanon (20K), Yemen (20K), Syria (18K), Indonesia (17K), Sudan (15K), Sierra Leone (12K), Guinea (9K), Senegal (8K), Saudi Arabia (9K), Algeria (8K), Kazakhstan (8K), Kuwait (6K), Gambia (6K), United Arab Emirates (5K), Azerbaijan (4K), Mali (4K), Burkina Faso (3K), Kyrgyzstan (3K), Kosovo (3K), Mauritania (3K), Tunisia (2K), Tajikistan (2K), Libya (2K), Turkmenistan (1K), Qatar (1K), Chad (1K)
51% of U.S. Muslims want Sharia; 60% of young Muslims more loyal to Islam than to U.S.
OCTOBER 15, 2015 3:43 PM BY ROBERT SPENCER
Really, what did you expect? A considerable portion of U.S. domestic and foreign policy is based on the assumption that Islam in the U.S. will be different: that Muslims here believe differently from those elsewhere, and do not accept the doctrines of violence against and subjugation of unbelievers that have characterized Islam throughout its history. But on what is that assumption based? Nothing but wishful thinking. And future generations of non-Muslims will pay the price.
“Meanwhile, An Islamic Fifth Column Builds Inside America,” by Paul Sperry, IBD, October 1, 2015 (thanks to Pamela Geller)
In berating GOP presidential hopeful Ben Carson for suggesting a loyalty test for Muslims seeking high office, CNN host Jake Tapper maintained that he doesn’t know a single observant Muslim-American who wants to Islamize America.
“I just don’t know any Muslim-Americans — and I know plenty — who feel that way, even if they are observant Muslims,” he scowled.
Tapper doesn’t get out much. If he did, chances are he’d run into some of the 51% of Muslims living in the U.S. who just this June told Polling Co. they preferred having “the choice of being governed according to Shariah,” or Islamic law. Or the 60% of Muslim-Americans under 30 who told Pew Research they’re more loyal to Islam than America.
Maybe they’re all heretics, so let’s see what the enlightened Muslims think.
If Tapper did a little independent research he’d quickly find that America’s most respected Islamic leaders and scholars also want theocracy, not democracy, and even advocate trading the Constitution for the Quran.
These aren’t fringe players. These are the top officials representing the Muslim establishment in America today.
Hopefully none of them ever runs for president, because here’s what he’d have to say about the U.S. system of government:
• Muzammil Siddiqi, chairman of both the Fiqh Council of North America, which dispenses Islamic rulings, and the North American Islamic Trust, which owns most of the mosques in the U.S.: “As Muslims, we should participate in the system to safeguard our interests and try to bring gradual change, (but) we must not forget that Allah’s rules have to be established in all lands, and all our efforts should lead to that direction.”
• Omar Ahmad, co-founder of the Council on American-Islamic Relations, the top Muslim lobby group in Washington: “Islam isn’t in America to be equal to any other faith, but to become dominant. The Quran should be the highest authority in America, and Islam the only accepted religion on Earth.”
• CAIR spokesman Ibrahim Hooper: “I wouldn’t want to create the impression that I wouldn’t like the government of the United States to be Islamic sometime in the future.”
• Imam Siraj Wahhaj, director of the Muslim Alliance in North America: “In time, this so-called democracy will crumble, and there will be nothing. And the only thing that will remain will be Islam.”
• Imam Zaid Shakir, co-founder of Zaytuna College in Berkeley, Calif.: “If we put a nationwide infrastructure in place and marshaled our resources, we’d take over this country in a very short time. . . . What a great victory it will be for Islam to have this country in the fold and ranks of the Muslims.”…
John Owen Brennan (born September 22, 1955)[1][2] is an American government official who is the Director of the Central Intelligence Agency. He has served as chief counterterrorism advisor to U.S. President Barack Obama; his title was Deputy National Security Advisor for Homeland Security and Counterterrorism, and Assistant to the President.[1][3][4] His responsibilities included overseeing plans to protect the country from terrorism and respond to natural disasters, and he met with the President daily.[5][6]Previously, he advised President Obama on foreign policy and intelligence issues during the 2008 presidential campaign and transition.[7] Brennan withdrew his name from consideration for Director of the Central Intelligence Agency (CIA) in the first Obama administration over concerns about his support for transferring terror suspects to countries where they may be tortured while serving under President George W. Bush.[3][5] Instead, Brennan was appointed Deputy National Security Advisor, a position which did not require Senate confirmation.[3][5][8]
President Barack Obama nominated Brennan as his next director of the CIA on January 7, 2013.[11][12][13] The ACLU called for the Senate not to proceed with the appointment until it confirms that “all of his conduct was within the law” at the CIA and White House.[14] John Brennan was approved by the Senate Intelligence Committee on March 5, 2013 to succeedDavid Petraeus as the Director of the CIA by a vote of 12 to 3.[15]
While riding a bus to class at Fordham, he saw an ad in The New York Times that said the CIA was recruiting, and he felt a CIA career would be a good match for his “wanderlust” and his desire to do public service.[5] He received a B.A. in political science from Fordham in 1977.[3] His studies included a junior year abroad learning Arabic and taking Middle Eastern studies courses at the American University in Cairo.[3][5] He also received a Master of Arts in government with a concentration in Middle Eastern studies from the University of Texas at Austin in 1980.[5] He speaks Arabic fluently.[9]
Brennan is married to Kathy Pokluda Brennan, with whom he has had one son and two daughters.[2][3][16]
Brennan began his CIA career as an analyst, presumably in the Washington D.C. area, and spent 25 years with the agency.[1][5][17] At one point in his career, he was a daily intelligence briefer for President Bill Clinton.[5] In 1996 he was CIA station chief in Riyadh, Saudi Arabia when the Khobar Towers bombing killed 19 U.S. servicemen.[5] In 1999 he was appointed chief of staff to George Tenet, then-Director of the CIA.[3][5] Brennan became deputy executive director of the CIA in March 2001.[3] He was director of the newly created Terrorist Threat Integration Center from 2003 to 2004, an office that sifted through and compiled information for President Bush’s daily top secret intelligence briefings and employed the services of analysts from a dozen U.S. agencies and entities.[18] One of the controversies in his career involves the distribution of intelligence to the Bush White House that helped lead to an “Orange Terror Alert“, over Christmas 2003. The intelligence, which purported to list terror targets, was highly controversial within the CIA and was later discredited. An Obama administration official does not dispute that Brennan distributed the intelligence during the Bush era but said Brennan passed it along because that was his job.[19] His last post within the Intelligence Community was as director of the National Counterterrorism Center in 2004 and 2005, which incorporated information on terrorist activities across U.S. agencies.[3][20]
Brennan then left government service for a few years, becoming Chairman of the Intelligence and National Security Alliance (INSA) and the CEO of The Analysis Corporation (TAC). He continued to lead TAC after its acquisition by Global Strategies Group in 2007 and its growth as the Global Intelligence Solutions division of Global’s North American technology business GTEC, before returning to government service with the Obama administration as Homeland Security Advisor on January 20, 2009.[10]
On January 7, 2013, Brennan was nominated by President Barack Obama to be director of the Central Intelligence Agency.[21]
Counterterrorism advisor to President Obama
In late 2008 Brennan was the reported choice for Director of the CIA in the incoming Obama administration. Brennan withdrew his name from consideration because of opposition to his CIA service under President George W. Bush and past public statements he had made in support of enhanced interrogation and the transfer of terrorism suspects to countries where they might be tortured (extraordinary rendition).[3][5][22] President Obama then appointed him to be his chief counterterrorism advisor, a position that did not require Senate confirmation.[3][5][8]
Brennan and President Barack Obama at a meeting of the Homeland Security Council, May 2009
In August 2009, Brennan criticized some Bush-administration anti-terror policies, saying that waterboarding had threatened national security by increasing the recruitment of terrorists and decreasing the willingness of other nations to cooperate with the U.S.[23] He also described the Obama administration’s focus as being on “extremists” and not “jihadists“. He said that using the second term, which means one who is struggling for a holy goal, gives “these murderers the religious legitimacy they desperately seek” and suggests the US is at war with the religion of Islam.[23]
In an early December 2009 interview with the Bergen Record Brennan remarked, “the U.S. intelligence and law enforcement communities have to bat 1.000 every day. The terrorists are trying to be successful just once”.[5] At a press conferences days after the failed Christmas Day bomb attack on Northwest Airlines Flight 253 by Umar Farouk Abdulmutallab, Brennan said U.S. intelligence agencies did not miss any signs that could have prevented the attempt but later said he had let the President down by underestimating a small group of Yemeni terrorists and not connecting them to the attempted bomber.[1][24] Within two weeks after the incident, however, he produced a report highly critical of the performance of U.S. intelligence agencies, concluding that their focus on terrorist attempts aimed at U.S. soil was inadequate.[17] In February 2010, he claimed on Meet the Press that he was tired of Republican lawmakers using national security issues as political footballs, and making allegations where they did not know the facts.[25]
Drone program
In April 2012 Brennan was the first Obama administration official to publicly acknowledge CIA drone strikes in Pakistan, Yemen, Somalia, Libya, Afghanistan, and elsewhere. In his speech he argued for the legality, morality, and effectiveness of the program.[26][27][28] The ACLU and other organizations disagreed. In 2011/2012 he also helped reorganize the process, under the aegis of the Disposition Matrix database, by which people outside of war zones were put on the list of drone targets. According to an Associated Press story, the reorganization helped “concentrate power” over the process inside the White House administration.[29][30][31]
In June 2011, Brennan claimed that US counter-terrorism operations had not resulted in “a single collateral death” in the past year because of the “precision of the capabilities that we’ve been able to develop.”[32][33] Nine months later, Brennan claimed he had said “we had no information” about any civilian, noncombatant deaths during the timeframe in question.[33][34] The Bureau of Investigative Journalism disagreed with Brennan, citing their own research[35] that initially led them to believe that 45 to 56 civilians, including six children, had been killed by ten US drone strikes during the year-long period in question.[33] Additional research led the Bureau to raise their estimate to 76 deaths, including eight children and two women.[33] According to the Bureau, Brennan’s claims “do not appear to bear scrutiny.”[33]The Atlantic has been harsher in its criticism, saying that “Brennan has been willing to lie about those drone strikes to hide ugly realities.”[36]
According to the Bureau of Investigative Journalism, Brennan’s comments about collateral death are perhaps explained by a counting method that treats all military-aged males in a strike zone as combatants unless there is explicit information to prove them innocent.[33][37]
CIA Director (2013–present)
Nomination
Brennan being sworn in as CIA Director, March 8, 2013
Morris Davis, a former Chief Prosecutor for the Guantanamo Military Commissions compared Brennan to Canadian Omar Khadr, who was convicted of “committing murder in violation of the law of war”.[38] He suggested that Brennan’s role in targeting individuals for CIA missile strikes was no more authorized than the throwing of the grenade Khadr was accused of.
On February 27, 2013, the Senate Intelligence Committee postponed a vote, expected to be taken the next day on the confirmation of Brennan until the following week. On March 5, the Intelligence Committee approved the nomination 12–3. The Senate was set to vote on Brennan’s nomination on March 6, 2013. However, Kentucky Senator Rand Paul began a talking Senate filibuster of the vote, citing President Barack Obama and his administration’s use of combat drones, stating “No one politician should be allowed to judge the guilt, to charge an individual, to judge the guilt of an individual and to execute an individual. It goes against everything that we fundamentally believe in our country.”[39][40] Paul’s filibuster continued for 13 hours, after which Brennan was confirmed by a vote of 63–34.
Brennan was sworn into the office of CIA Director on March 8, 2013.[41]
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
McConnell to Push for Pure PATRIOT Act Extension
INTERVIEW with NSA WHISTLEBLOWER: Confirm EVERYONE in US is under VIRTUAL SURVEILLANCE since 9/11
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
‘NSA owns entire network anywhere in the world’ – whistleblower William Binney
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)
Alleged NSA whistleblower warns of “turnkey tyranny” in U.S.
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
Inside The NSA~Americas Cyber Secrets
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
Ron Paul to Congress: DO NOT Extend the “PATRIOT” Act!
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”
Story 3: The Hostile Takeover Of The Internet by Obama — More Taxes, More Regulation, More Control of Freedom of Speech, More Government Intervention into Business — Abolish The Federal Communications Commission (FCC) — Do Not Mess With The Internet — Videos
Sen Ted Cruz (RTX) Warns Of “Obamacare For The Internet” – Net Neutrality – America’s Newsroom
Coming Soon: The Department of the Internet
The Negative Consequences of Net Neutrality Explained in 2 Minutes
Net Neutrality Neuters the Internet
The Truth About Net Neutrality
Advocates say that Net Neutrality means guaranteeing free speech on the Internet. Without it, big telecoms could control what you see and how you see it. But what is the truth about Net Neutrality?
2:00 – Brief Technical Introduction 9:20 – Major Concerns 14:53 – Monopoly History 35:57 – ISP Foul Play 48:05 – Event Timeline 1:02:08 – FCC Corruption 1:09:36 – Conclusions
Net Neutrality – A Slow but Sure Assault to Takeover the Internet
Net Neutrality: Is the Internet a Public Utility? | Idea Channel | PBS Digital Studios
Will Net Neutrality Save the Internet?
NET NEUTRALITY: Blackburn Discusses on Glenn Beck Program
The Fallacy of Net Neutrality: Thomas Hazlett on the FCC & Consumer Protection
“I’m very confident a hundred years from now we won’t have an FCC,” says Thomas Hazlett, Reason contributor and George Mason economics professor.
Internet service providers are coming under scrutiny from both the FCC and net neutrality supporters who want to ensure unrestricted consumer access to the Web. However, Hazlett points out that the fear over ISPs limiting Web content is unfounded and government “has no idea what the optimal business model is” to effectively regulate.
Hazlett sat down with Reason TV’s Nick Gillespie to discuss net neutrality, the Internet, and and his Encounters Broadside book “The Fallacy of Net Neutrality.”
Hank vs. Hank: The Net Neutrality Debate in 3 Minutes
On Net Neutrality, Time to Regulate the Regulators
by THE EDITORS
The Federal Communications Commission’s decision to effectively convert broadband Internet providers into regulated utility companies, stifling both technological innovation and consumer choice, is the latest example of the footrace dynamic that will dominate national domestic politics from now until January 2016: The Obama administration — or one of its purportedly independent enablers in the FCC and other federal agencies — announces sweeping and unilateral regulatory change, and the Republican-controlled legislative branch hustles to outmaneuver it. Given the respective timelines involved in executive fiat and lawmaking, the administration will almost always have a head start — but that should not stop Congress from catching up as quickly as possible.
At issue here is the question of “net neutrality,” an increasingly elastic term describing how an Internet service provider (ISP) treats any given packet of data moving through its network. On one side of the ideological divide, partisans of “neutrality” insist that every packet be treated in precisely the same way as every other packet, that none be given priority. On the other side is reality, in which the bandwidth demands of sending an e-mail from a home computer are different from those of streaming live video to a wireless device. That Netflix, for example, should be permitted to pay an Internet service provider to fast-lane its videos is, for the ideological neutralists, the first step toward another one of those science-fiction corporate dystopias that the anti-capitalists keep promising us, in this case one in which every Internet service provider becomes a “walled garden” in which consumers are hostage to the self-interested caprices of their ISPs, and therefore customers of an ISP that has an arrangement with Facebook might be relegated to pokey service when trying to use Instagram — or be blocked entirely from accessing certain Facebook competitors.
Internet users will notice that that hasn’t happened, and hasn’t shown any likelihood of happening, despite the absence of FCC regulations forbidding it. Even in the settings that most resemble “walled gardens” — for example, in-flight Internet services that do allow providers to enjoy absolute monopoly, for the duration of the flight at least — the trend has been in the opposite direction: When consumers made it clear that they were annoyed by Gogo’s unwillingness to support YouTube and streaming-video services, new products (notably services provided by the airlines themselves) came into the market to meet consumers’ demand for being able to while away that ORD–JFK segment watching funny cat videos.
The FCC’s move, then, is a typical federal regulatory enterprise: a non-solution to a non-problem.
While mainly motivated by a naïve ideological enthusiasm, net-neutrality activists fear, not without some reason, that the dominant operating model for ISPs will be something like that of cable-television providers. (Indeed, many cable-television providers are ISPs.) Specifically, they fear that ISPs will come to resemble cable companies circa 2010. The irony there is that it is the Internet itself — without any enabling regulation from the FCC — that has provided the beginnings of a solution to the problem of the general awfulness of the American cable company, with gleeful “cord-cutters” replacing their cable services with AppleTV, Hulu, and the like.
Neutrality as an operating principle has largely prevailed among ISPs in the absence of a federal mandate largely because consumers like it that way. But consumers may not always like it that way: For example, those who want faster service for downloading movies at the moment are largely restricted to paying for faster service across the board rather than paying for faster service when they want faster service — imagine the FAA’s insisting that if customers want to fly first-class on one trip, they have to fly first-class all the time. The FCC’s new rules are not aimed at preserving the effective neutrality that prevails today — they are ideologically informed measures aimed at preventing innovations in the marketplace that consumers might prefer to the current model.
To accomplish this, the FCC is reclassifying broadband providers as “telecommunication services” under Title II of the Communications Act . . . of 1934. The FCC’s recourse to a law passed during the administration of Franklin D. Roosevelt should give us all an idea about the sort of cutting-edge thinking that is at work here.
There is much that is unnecessary in these rules. For example, the regulation against blocking access to lawful websites addresses a situation that is largely unknown. (Some providers that serve customers of businesses open to the public do block pornographic sites, which does not seem unreasonable.) Likewise, the call for greater transparency in protocols speaks to a desirable end, though one that is hardly crying out for federal intervention.
On the other hand, the ban on creating “fast lanes” for services that would benefit from them forecloses what might be a fruitful avenue of innovation. More worrisome still is the vast, open-ended powers that federal regulators have granted themselves: The FCC has — with no congressional mandate — just given itself a mandate to forbid anything that it believes to be other than “reasonable,” or anything it judges will “harm consumers or edge providers.” (“Edge providers” essentially means those who create or distribute content.) And, of course, there is cronyism: As Philip Elmer-DeWitt of Fortune reports, Internet-based pay-television services of the sort being contemplated by Sony (and possibly by Apple) would be specifically exempt from the fast-lane rules.
As an Internet-based concern, National Review Online has a strong preference for an open, rambling, largely unregulated Internet. We believe that intense FCC oversight is as likely to undermine those freewheeling ways and “permissionless innovation” as to preserve them — look at any other industry in which the FCC stands athwart commerce. There are measures that can and should be taken to increase competition among ISPs, and, as Julian Sanchez of Cato points out, in the event of truly cumbrous and destructive collusions between ISPs and content providers, then the prudent response would be case-by-case intervention carried out by the Federal Trade Commission rather than preemptive blanket regulation by the FCC. It takes a certain kind of crackedness to believe that “free and open” and “under heavy federal regulation” are synonymous.
Congress has the authority to legally limit the FCC’s ambitions in this matter, and it should do so, even though such efforts would probably run into an Obama veto. That’s a fight worth having. It is high time to regulate the regulators and remind the bureaucrats who in this republic is in fact empowered to make law. Likewise, Jason Chaffetz’s initiation of an Oversight Committee investigation into whether the White House improperly colluded with the FCC in formulating these new rules is to be encouraged — if only for the potential amusement in learning whether improper collusion was instrumental in this crusade against improper collusion.
Far from being dysfunctional, the Internet is one of the critical aspects of life in these United States, one that is brilliantly functional and wonderfully innovative in no small part because of the laissez-faire approach that government has historically taken toward it. Why anybody would want to make it more like a utility company is a mystery — unless one appreciates that, for those suffering from a certain progressive inclination, federal regulation is thought to be desirable in and of itself, and that the freewheeling ways of the Internet are a standing rebuke to those who would regiment and regulate practically every aspect of life.
Republican lawmakers investigate White House net neutrality push
Congressional Republicans are demanding to know how much the White House influenced the Federal Communications Commission while the agency crafted net neutrality rules.
The FCC has until Monday afternoon to produce unredacted email messages, focused on net neutrality rules, between FCC staff and officials with the Obama administration, U.S. Rep. Jason Chaffetz said in a letter to the FCC Friday. The Utah Republican is chairman of the House Oversight and Government Reform Committee.
Chaffetz’s committee is “investigating the potential involvement of the White House” in the creation of proposed net neutrality rules that the FCC is scheduled to vote on next Thursday, he said in the letter. FCC Chairman Tom Wheeler will propose regulations that would reclassify broadband as a regulated telecommunications service instead of a lightly regulated information service.
An FCC spokeswoman didn’t immediately respond to a request for a comment on Chaffetz’s letter.
Several congressional Republicans have accused the White House of improperly influencing the FCC net-neutrality rule-making process, after Obama called on the agency to reclassify broadband as a regulated public utility in November. Wheeler appeared to change his position and embrace that idea after the president urged the independent agency to do so, critics have said.
But U.S. presidential administrations have repeatedly weighed in on FCC proceedings during the past 30-plus years, net neutrality advocate Public Knowledge has noted.
Chaffetz’s letter to the FCC came just two days after Republican leaders of the House Energy and Commerce Committee told Wheeler they were expanding an investigation into agency rule-making processes.
The Energy and Commerce Committee’s probe covers a wide range of FCC process concerns beyond net neutrality, but new reports detailing White House contact with the FCC on net neutrality raise “additional concerns about whether the commission is managing its affairs with the independence and openness required by its mandate,” committee leaders said in a Wednesday letter to Wheeler.
Republican concerns about Obama administration influence over the FCC were fueled by a Feb. 4 Wall Street Journal report saying the White House last year had set up a “parallel version of the FCC” to push for regulation of broadband providers.
Chaffetz’s letter asks for specific email messages sent by Obama administration officials to the FCC in April. On Friday, Vice.com published an exchange between administration officials and FCC staff that the website obtained through a Freedom of Information Act request.
GOP, tech industry mostly out of step over net neutrality issue
By NOAH BIERMAN AND EVAN HALPER contact the reporters Politics and Government U.S. Congress Federal Communications Commission John Thune Ted Cruz Rand Paul
Silicon Valley executives and activists are increasingly irritated by the feeling the GOP is not on their side
GOP lawmakers argue that FCC net neutrality proposal amounts to a government takeover of the Web
GOP lawmakers in Congress are unified in opposition to the administration approach on net neutrality
Thee intensifying debate over how to keep the Internet open and ripe for innovation has heightened tensions between Republican congressional leaders and tech entrepreneurs they have been trying to woo.
As tech firms and cable companies prepare for a fight that each says will shape the future of the Internet, Silicon Valley executives and activists are growing increasingly irritated by the feeling that the GOP is not on their side.
Republican leaders have struggled to explain to their nascent allies in the Bay Area why they are working so hard to undermine a plan endorsed by the Obama administration to keep a level playing field in Internet innovation, enforcing what the administration and its allies call “net neutrality.”
FCC chief seeks to treat Web as public utility in net neutrality fight
Arguments from the GOP that the plan amounts to a government takeover of the Web — “Obamacare for the Internet,” as Sen. Ted Cruz (R-Texas) called it — are falling flat with many tech innovators.
“This is one of the most prominent moments in Internet freedom,” said Julie Samuels, executive director of Engine, a nonpartisan advocacy group that brings policymakers together with tech start-ups. “I don’t think any party can afford to be on the wrong side of this conversation.”
But Republicans, she said, are on the wrong side.
The Federal Communications Commission is expected to vote this month to adopt the net neutrality plan proposed last week by the panel’s chairman, Tom Wheeler. The plan would regulate Internet service providers, such as Comcast Corp. and AT&T Inc., as public utilities and would ban them from offering high-speed lanes to companies that pay more.
Republicans have promised to push legislation to overturn any such move, but most high-tech companies support it.
The fight comes at a time when Republicans had been making gains in Silicon Valley, a constituency of well-heeled donors and coveted millennial-generation voters who have generally been loyal to Democrats.
Prominent Republicans, including House Majority Leader Kevin McCarthy (R-Bakersfield), have taken members of Congress on listening tours of tech companies. Tech money has begun flowing into GOP campaign accounts. Presidential hopefuls, including Sen. Rand Paul (R-Ky.), have made an aggressive case that the GOP better understands the values of privacy and freedom in the digital world.
GOP leaders had hoped to build on those gains at an event in Washington called Reboot Congress, which started Wednesday evening, where top Republican lawmakers plan to join Silicon Valley business leaders to discuss the future of the Internet.
Republicans have hoped to seize on recent Democratic policy moves that riled tech companies, including a push for strict anti-piracy rules and the Obama administration’s continued backing of National Security Agency surveillance of Internet users.
The FCC makes a breakthrough on net neutrality–but the battle isn’t over
But the hot issue in Silicon Valley now is net neutrality. And on that issue, the GOP and the tech industry are mostly out of step.
Republicans argue that intervention by a big government agency is the wrong approach to leveling the playing field for companies that depend on the Internet. That’s especially true now, as conservatives accuse Obama of a broad pattern of regulatory overreach in healthcare, the environment and immigration.
“As is often the case in Washington, those who want more power create the specter of a false threat that is not occurring in the marketplace today,” Cruz said in an interview in which he warned that new regulations could lead to new taxes and put a chill on innovation. “The power of regulation is like a camel’s nose under the tent,” he said.
In Congress, GOP lawmakers are unified in opposition to the administration approach.
That includes tech-savvy California Republicans such as Rep. Darrell Issa (R-Vista), who warns that the administration approach “will result in over-regulation and years of fruitless litigation.” McCarthy joined his House leadership colleagues in warning regulators that imposing net neutrality rules would “deter investment and stifle one of the brightest spots in our economy.”
Many Internet entrepreneurs disagree.
“The argument is a red herring,” said Corynne McSherry, intellectual property director at the Electronic Frontier Foundation, which fights alongside GOP lawmakers on privacy and surveillance issues but is helping lead the attack against them on net neutrality.
“Nobody is talking about wanting the Federal Communications Commission to regulate the Internet. That would be terrible,” McSherry said. “All they would be doing is putting in rules of the road for broadband providers.”
Republicans, she said, are essentially helping big corporations squeeze out innovation. “Politically, this is a real mistake,” she said.
It is unclear to what extent the issue will overshadow other Silicon Valley priorities. But it is certainly making the GOP a tougher sell.
“It is close to a litmus test,” said Paul Sieminski, a Republican who is the general counsel to Automattic, the company that operates Web-making tool WordPress.com.
“It’s such a fundamental issue for the Internet,” said Sieminski, who has been active in fighting for net neutrality. “I guess it is a proxy on where a candidate may stand on a lot of issues related to the Internet.”
The fight goes beyond wealthy entrepreneurs making or seeking their fortunes in start-up companies. Silicon Valley is adept at mobilizing consumers eager to protect what they see as a core value of the digital age.
The FCC received nearly 4 million comments on the net neutrality rules — most urging them to enforce stricter regulations — before Wheeler announced his proposal last week.
Groups such as Fight for the Future, whose donors include technology companies, said they have helped initiate tens of thousands of calls from their members to regulators and lawmakers using technology that bypasses switchboards.
Polls also showed overwhelming support for the concept that big carriers such as Verizon Communications Inc. and Comcast should not be allowed to charge more to companies that want a fast lane.
That may have propelled a shift among some Republicans, who once questioned the need for any new regulations.
Sen. John Thune (R-S.D.) is proposing a bill that would let Congress, rather than regulators, set the terms for net neutrality. In establishing the concept, however, the measure also would take away the FCC’s authority to make any new regulations in the fast-changing broadband marketplace.
Thune and others frame their disagreement with Obama and federal regulators as one over process, asserting that Congress would better protect openness on the Internet yet avoid burdensome regulations.
“I worry that online innovators will be subject to the Mother-may-I system in which startups have to hire regulatory lawyers before they hire engineers,” Thune said Wednesday night as the Reboot conference began at the U.S. Chamber of Commerce headquarters in Washington.
Silicon Valley activists are unimpressed. They don’t trust the GOP-controlled Congress on this issue.
“They’re cynical attempts,” Evan Greer, campaign manager for Fight for the Future, said of the legislative proposals, “last-ditch efforts by cable lobbyists who know they’ve been beat in the court of public opinion.”
Net neutrality (also network neutrality, Internet neutrality, or net equality) is the principle that Internet service providersand governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. The term was coined by Columbia Universitymedia law professor Tim Wu in 2003 as an extension of the longstanding concept of a common carrier.[1][2][3][4]
There has been extensive debate about whether net neutrality should be required by law, particularly in the United States. Debate over the issue of net neutrality predates the coining of the term. Advocates of net neutrality such as Lawrence Lessighave raised concerns about the ability of broadband providers to use their last mile infrastructure to block Internet applications and content (e.g. websites, services, and protocols), and even to block out competitors[5]
Neutrality proponents claim that telecom companies seek to impose a tiered service model in order to control the pipeline and thereby remove competition, create artificial scarcity, and oblige subscribers to buy their otherwise uncompetitive services[citation needed]. Many believe net neutrality to be primarily important as a preservation of current freedoms.[6] Prominent supporters of net neutrality include Vinton Cerf, co-inventor of the Internet Protocol, and Tim Berners-Lee, creator of the Web.[7][8]
Examples of net neutrality violations include when the internet service provider Comcast intentionally slowed peer-to-peercommunications.[9] In 2007, one other company was using deep packet inspection to discriminate against peer-to-peer, file transfer protocol, and online games, instituting a cell-phone style billing system of overages, free-to-telecom value added services, and bundling.[10] Critics of net neutrality argue that data discrimination is desirable for reasons like guaranteeingquality of service. Bob Kahn, co-inventor of the Internet Protocol, called the term net neutrality a slogan and opposes establishing it, but he admits that he is against the fragmentation of the net whenever this becomes excluding to other participants.[11] On 31 January 2015, AP News reported the FCC will present the notion of applying (“with some caveats”) Title II (common carrier) of the Communications Act of 1934 to the internet in a vote expected on 26 February 2015.[12][13][14][15][16]Adoption of this notion would reclassify internet service from one of information to one of telecommunications[17] and, according to Tom Wheeler, chairman of the FCC, ensure net neutrality.[18][19] The Obama administration said that it would not let the public see its 332 page net neutrality plan until after the FCC voted on its implementation.[20]
Definition and related principle
Net neutrality
Network neutrality is the principle that all Internet traffic should be treated equally.[21] According to Columbia Law School professor Tim Wu, the best way to explain network neutrality is as a principle to be used when designing a network: that a public information network will end up being most useful if all content, sites, and platforms are treated equally.[22] A more detailed proposed definition of technical and service network neutrality suggests that service network neutrality is the adherence to the paradigm that operation of a service at a certain layer is not influenced by any data other than the data interpreted at that layer, and in accordance with the protocol specification for that layer.[23]
Open Internet
The idea of an open Internet is the idea that the full resources of the Internet and means to operate on it are easily accessible to all individuals and companies. This often includes ideas such as net neutrality, open standards, transparency, lack of Internet censorship, and low barriers to entry. The concept of the open Internet is sometimes expressed as an expectation of decentralized technological power, and is seen by some as closely related to open-source software.[24]
Proponents often see net neutrality as an important component of an open internet, where policies such as equal treatment of data and open web standards allow those on the Internet to easily communicate and conduct business without interference from a third party.[25] A closed Internet refers to the opposite situation, in which established corporations or governments favor certain uses. A closed Internet may have restricted access to necessary web standards, artificially degradesome services, or explicitly filter out content.
The concept of a dumb network made up of dumb pipes has been around since at least the early 1990s. The idea of a dumb network is that the endpoints of a network are generally where the intelligence lies, and that the network itself generally leaves the management and operation of communication to the end users. In 2013 the software company MetroTech Net, Inc. (MTN) coined the term Dumb Wave which is the modern application of the Dumb Pipe concept to the ubiquitous wireless network. If wireless carriers do not provide unique and value added services, they will be relegated to the dumb pipe category where they can’t charge a premium or retain customers.
The end-to-end principle is a principle of network design, first laid out explicitly in the 1981 conference paper End-to-end arguments in system design by Jerome H. Saltzer, David P. Reed, and David D. Clark. The principle states that, whenever possible, communications protocol operations should be defined to occur at the end-points of a communications system, or as close as possible to the resource being controlled. According to the end-to-end principle, protocol features are only justified in the lower layers of a system if they are a performance optimization, hence, TCP retransmission for reliability is still justified, but efforts to improve TCP reliability should stop after peak performance has been reached. They argued that reliable systems tend to require end-to-end processing to operate correctly, in addition to any processing in the intermediate system. They pointed out that most features in the lowest level of a communications system have costs for all higher-layer clients, even if those clients do not need the features, and are redundant if the clients have to re-implement the features on an end-to-end basis. This leads to the model of a minimal dumb network with smart terminals, a completely different model from the previous paradigm of the smart network with dumb terminals. Because the end-to-end principle is one of the central design principles of the Internet, and because the practical means for implementing data discrimination violate the end-to-end principle, the principle often enters discussions about net neutrality. The end-to-end principle is closely related, and sometimes seen as a direct precursor to the principle of net neutrality.[26]
Traffic shaping is the control of computer network traffic in order to optimize or guarantee performance, improve latency, and/or increase usable bandwidth by delaying packets that meet certain criteria.[27] More specifically, traffic shaping is any action on a set of packets (often called a stream or a flow) which imposes additional delay on those packets such that they conform to some predetermined constraint (a contract or traffic profile).[28] Traffic shaping provides a means to control the volume of traffic being sent into a network in a specified period (bandwidth throttling), or the maximum rate at which the traffic is sent (rate limiting), or more complex criteria such as GCRA.
Over-provisioning
If the core of a network has more bandwidth than is permitted to enter at the edges, then good QoS can be obtained without policing. For example the telephone network employs admission control to limit user demand on the network core by refusing to create a circuit for the requested connection. Over-provisioning is a form of statistical multiplexing that makes liberal estimates of peak user demand. Over-provisioning is used in private networks such as WebEx and the Internet 2 Abilene Network, an American university network. David Isenberg believes that continued over-provisioning will always provide more capacity for less expense than QoS and deep packet inspection technologies.[29][30]
By issue
Discrimination by protocol
Favoring or blocking information based on the communications protocol that the computers are using to communicate.
On 1 August 2008, the FCC formally voted 3-to-2 to uphold a complaint against Comcast, the largest cable company in the United States, ruling that it had illegally inhibited users of its high-speed Internet service from using file-sharing software. FCC chairman Kevin J. Martin said that the order was meant to set a precedent that Internet providers, and indeed all communications companies, could not prevent customers from using their networks the way they see fit unless there is a good reason. In an interview, Martin said, “We are preserving the open character of the Internet”. The legal complaint against Comcast related to BitTorrent, a transfer protocol that is especially apt at distributing large files such as video, music, and software on the Internet.[31] Comcast admitted no wrongdoing[32] in its proposed settlement of up to US$16 dollars per share in December 2009.[33]
During the early decades of the Internet, creating a non-neutral Internet was technically infeasible.[34] Originally developed to filter malware, the Internet security company NetScreen Technologies released network firewalls in 2003 with so called deep packet inspection. Deep inspection helped make real-time discrimination between different kinds of data possible,[35] and is often used for internet censorship.
In a practice called zero-rating, companies will reimburse data use from certain addresses, favoring use of those services. Examples include Facebook Zero[36] and Google Free Zone, and are especially common in the developing world.[37]
Sometimes ISPs will charge some companies, but not others, for the traffic they cause on the ISP’s network. French telecoms operator Orange, complaining that traffic from YouTube and other Google sites consists of roughly 50% of total traffic on the Orange network, reached a deal with Google, in which they charge Google for the traffic incurred on the Orange network.[38] Some also thought that Orange’s rival ISP Free throttled YouTube traffic. However, an investigation done by the French telecommunications regulatory body revealed that the network was simply congested during peak hours.[39]
Favoring private networks
Favoring communications sent over the private networks run by individual organizations over information sent over the general Internet Protocol. Examples include Comcast’s deal with Xbox.[40]
There is some disagreement about whether peering is a net neutrality issue.[41]
In the first quarter of 2014, streaming website Netflix reached an arrangement with ISP Comcast to improve the quality of its service to Netflix clients.[42] This arrangement was made in response to increasingly slow connection speeds through Comcast over the course of the 2013, where average speeds dropped by over 25% of their values a year before to an all time low. After the deal was struck in January 2014, the Netflix speed index recorded a 66% increase in connection.
Netflix agreed to a similar deal with Verizon in 2014 after Verizon DSL customers connection speed dropped to less than 1 Mbit/s early in the year. Netflix spoke out against this deal with a controversial statement delivered to all Verizon customers experiencing low connection speeds using the Netflix client.[43] This sparked an internal debate between the two companies that led to Verizon obtaining a cease and desist order on June 5, 2014 that forced Netflix to stop displaying this message.
Legal enforcement of net neutrality principles takes a variety of forms, from provisions that outlaw anti-competitive blocking and throttling of Internet services, all the way to legal enforcement that prevents companies from subsidizing Internet use on particular sites.
Arguments for net neutrality
Proponents of net neutrality include consumer advocates, human rights organizations such as Article 19,[44] online companies and some technology companies.[45]Many major Internet application companies are advocates of neutrality. Yahoo!, Vonage,[46]eBay, Amazon,[47]IAC/InterActiveCorp. Microsoft, along with many other companies, have also taken a stance in support of neutrality regulation.[48]Cogent Communications, an international Internet service provider, has made an announcement in favor of certain net neutrality policies.[49] In 2008, Google published a statement speaking out against letting broadband providers abuse their market power to affect access to competing applications or content. They further equated the situation to that of the telephony market, where telephone companies are not allowed to control who their customers call or what those customers are allowed to say.[4] However, Google’s support of net neutrality has recently been called into question.[50]
Supporters of network neutrality want to designate cable companies as common carriers, which would require them to allow Internet service providers (ISPs) free access to cable lines, the model used for dial-up Internet. They want to ensure that cable companies cannot screen, interrupt or filter Internet content without court order.[61] Common carrier status would give the FCC the power to enforce net neutrality rules.[62]
SaveTheInternet.com accuses cable and telecommunications companies of wanting the role of gatekeepers, being able to control which websites load quickly, load slowly, or don’t load at all. According to SaveTheInternet.com these companies want to charge content providers who require guaranteed speedy data delivery…to create advantages for their own search engines, Internet phone services, and streaming video services – and slowing access or blocking access to those of competitors.[63]Vinton Cerf, a co-inventor of the Internet Protocol and current vice president of Google argues that the Internet was designed without any authorities controlling access to new content or new services.[64] He concludes that the principles responsible for making the Internet such a success would be fundamentally undermined were broadband carriers given the ability to affect what people see and do online.[52]
Digital rights and freedoms
Lawrence Lessig and Robert W. McChesney argue that net neutrality ensures that the Internet remains a free and open technology, fostering democratic communication. Lessig and McChesney go on to argue that the monopolization of the Internet would stifle the diversity of independent news sources and the generation of innovative and novel web content.[6]
User intolerance for slow-loading sites
Users with faster Internet connectivity (e.g., fiber) abandon a slow-loading video at a faster rate than users with slower Internet connectivity (e.g., cable or mobile).[65] A “fast lane” in the Internet can irrevocably decrease the user’s tolerance to the relative slowness of the “slow lane”.
Proponents of net neutrality invoke the human psychological process of adaptation where when people get used to something better, they would not ever want to go back to something worse. In the context of the Internet, the proponents argue that a user who gets used to the “fast lane” on the Internet would find the “slow lane” intolerable in comparison, greatly disadvantaging any provider who is unable to pay for the “fast lane”. Video providers Netflix[66] and Vimeo[67] in their comments to FCC in favor of net neutrality use the research[65] of S.S. Krishnan and Ramesh Sitaraman that provides the first quantitative evidence of adaptation to speed among online video users. Their research studied the patience level of millions of Internet video users who waited for a slow-loading video to start playing. Users who had a faster Internet connectivity, such as fiber-to-the-home, demonstrated less patience and abandoned their videos sooner than similar users with slower Internet connectivity. The results demonstrate how users can get used to faster Internet connectivity, leading to higher expectation of Internet speed, and lower tolerance for any delay that occurs. Author Nicholas Carr[68] and other social commentators[69][70] have written about the habituation phenomenon by stating that a faster flow of information on the Internet can make people less patient.
Competition and innovation
Net neutrality advocates argue that allowing cable companies the right to demand a toll to guarantee quality or premium delivery would create an exploitative business model based on the ISPs position as gatekeepers.[71] Advocates warn that by charging websites for access, network owners may be able to block competitor Web sites and services, as well as refuse access to those unable to pay.[6] According to Tim Wu, cable companies plan to reserve bandwidth for their own television services, and charge companies a toll for priority service.[72]
Proponents of net neutrality argue that allowing for preferential treatment of Internet traffic, or tiered service, would put newer online companies at a disadvantage and slow innovation in online services.[45]Tim Wu argues that, without network neutrality, the Internet will undergo a transformation from a market ruled by innovation to one ruled by deal-making.[72]SaveTheInternet.com argues that net neutrality puts everyone on equal terms, which helps drive innovation. They claim it is a preservation of the way the internet has always operated, where the quality of websites and services determined whether they succeeded or failed, rather than deals with ISPs.[63]Lawrence Lessig and Robert W. McChesney argue that eliminating net neutrality would lead to the Internet resembling the world of cable TV, so that access to and distribution of content would be managed by a handful of massive companies. These companies would then control what is seen as well as how much it costs to see it. Speedy and secure Internet use for such industries as health care, finance, retailing, and gambling could be subject to large fees charged by these companies. They further explain that a majority of the great innovators in the history of the Internet started with little capital in their garages, inspired by great ideas. This was possible because the protections of net neutrality ensured limited control by owners of the networks, maximal competition in this space, and permitted innovators from outside access to the network. Internet content was guaranteed a free and highly competitive space by the existence of net neutrality.[6]
Preserving Internet standards
Network neutrality advocates have sponsored legislation claiming that authorizing incumbent network providers to override transport and application layer separation on the Internet would signal the decline of fundamental Internet standards and international consensus authority. Further, the legislation asserts that bit-shaping the transport of application data will undermine the transport layer’s designed flexibility.[73]
Preventing pseudo-services
Alok Bhardwaj argues that any violations to network neutrality, realistically speaking, will not involve genuine investment but rather payoffs for unnecessary and dubious services. He believes that it is unlikely that new investment will be made to lay special networks for particular websites to reach end-users faster. Rather, he believes that non-net neutrality will involve leveraging quality of service to extract remuneration from websites that want to avoid being slowed down.[74]
Some advocates say network neutrality is needed in order to maintain the end-to-end principle. According to Lawrence Lessig and Robert W. McChesney, all content must be treated the same and must move at the same speed in order for net neutrality to be true. They say that it is this simple but brilliant end-to-end aspect that has allowed the Internet to act as a powerful force for economic and social good.[6] Under this principle, a neutral network is a dumb network, merely passing packets regardless of the applications they support. This point of view was expressed by David S. Isenberg in his paper, “The Rise of the Stupid Network”. He states that the vision of an intelligent network is being replaced by a new network philosophy and architecture in which the network is designed for always-on use, not intermittence and scarcity. Rather than intelligence being designed into the network itself, the intelligence would be pushed out to the end-user’s device; and the network would be designed simply to deliver bits without fancy network routing or smart number translation. The data would be in control, telling the network where it should be sent. End-user devices would then be allowed to behave flexibly, as bits would essentially be free and there would be no assumption that the data is of a single data rate or data type.[75]
Contrary to this idea, the research paper titled End-to-end arguments in system design by Saltzer, Reed, and Clark[76] argues that network intelligence doesn’t relieve end systems of the requirement to check inbound data for errors and to rate-limit the sender, nor for a wholesale removal of intelligence from the network core.
A number of these opponents created a website called Hands Off The Internet[78] (which no longer exists) to promote their arguments against net neutrality. Principal financial support for the website came from AT&T, and members included technology firms and pro-market advocacy group Citizens Against Government Waste.[79][80][81][82]
Network neutrality regulations are opposed by Internet engineers such as professor David Farber[83] and TCP inventor and Qualcomm Director[84]Bob Kahn.[11]Robert Pepper is senior managing director, global advanced technology policy, at Cisco Systems, and is the former FCC chief of policy development. He says: “The supporters of net neutrality regulation believe that more rules are necessary. In their view, without greater regulation, service providers might parcel out bandwidth or services, creating a bifurcated world in which the wealthy enjoy first-class Internet access, while everyone else is left with slow connections and degraded content. That scenario, however, is a false paradigm. Such an all-or-nothing world doesn’t exist today, nor will it exist in the future. Without additional regulation, service providers are likely to continue doing what they are doing. They will continue to offer a variety of broadband service plans at a variety of price points to suit every type of consumer”.[85]Bob Kahn, another computer scientist and Director at Qualcomm,[84] has said net neutrality is a slogan that would freeze innovation in the core of the Internet.[11]
Farber has written and spoken strongly in favor of continued research and development on core Internet protocols. He joined academic colleagues Michael Katz,Christopher Yoo, and Gerald Faulhaber in an op-ed for the Washington Post strongly critical of network neutrality, essentially stating that while the Internet is in need of remodeling, congressional action aimed at protecting the best parts of the current Internet could interfere with efforts to build a replacement.[86]
Financing infrastructure improvements
Some opponents of net neutrality argue that prioritization of bandwidth is necessary for future innovation on the Internet.[77] Telecommunications providers such as telephone and cable companies, and some technology companies that supply networking gear, argue telecom providers should have the ability to provide preferential treatment in the form of tiered services, for example by giving online companies willing to pay the ability to transfer their data packets faster than other Internet traffic. The added revenue from such services could be used to pay for the building of increased broadband access to more consumers.[45]
Conversely, opponents say that net neutrality regulation would make it more difficult for Internet service providers (ISPs) and other network operators to recoup their investments in broadband networks.[87] John Thorne, senior vice president and deputy general counsel of Verizon, a broadband and telecommunications company, has argued that they will have no incentive to make large investments to develop advanced fibre-optic networks if they are prohibited from charging higher preferred access fees to companies that wish to take advantage of the expanded capabilities of such networks. Thorne and other ISPs have accused Google and Skype of freeloading or free riding for using a network of lines and cables the phone company spent billions of dollars to build.[77][88][89]
Counterweight to server-side non-neutrality
Those in favor of forms of non-neutral tiered Internet access argue that the Internet is already not a level playing field: large companies achieve a performance advantage over smaller competitors by replicating servers and buying high-bandwidth services. Should prices drop for lower levels of access, or access to only certain protocols, for instance, a change of this type would make Internet usage more neutral, with respect to the needs of those individuals and corporations specifically seeking differentiated tiers of service. Network expert[citation needed] Richard Bennett has written, “A richly funded Web site, which delivers data faster than its competitors to the front porches of the Internet service providers, wants it delivered the rest of the way on an equal basis. This system, which Google calls broadband neutrality, actually preserves a more fundamental inequality.”[90]
Tim Wu, though a proponent of network neutrality, claims that the current Internet is not neutral, because its implementation of best effort generally favors file transfer and other non-time sensitive traffic over real-time communications.[91]
Prevent overuse of bandwidth
Since the early 1990s, Internet traffic has increased steadily. The arrival of picture-rich websites and MP3s led to a sharp increase in the mid-1990s followed by a subsequent sharp increase since 2003 as video streaming and Peer-to-peer file sharing became more common.[92][93] In reaction to companies including YouTube, as well as smaller companies starting to offer free video content, using substantial amounts of bandwidth, at least one Internet service provider (ISP), SBC Communications (now AT&T Inc.), has suggested that it should have the right to charge these companies for making their content available over the provider’s network.[94]
Bret Swanson of the Wall Street Journal wrote in 2007 that the popular websites of that time, including YouTube, MySpace, and blogs, were put at risk by net neutrality. He noted that, at the time, YouTube streamed as much data in three months as the world’s radio, cable and broadcast television channels did in one year, 75 petabytes. He argued that networks were not remotely prepared to handle the amount of data required to run these sites. He also argued that net neutrality would prevent broadband networks from being built, which would limit available bandwidth and thus endanger innovation.[95]
One example of these concerns was the series of tubes analogy, which was presented by US senator Ted Stevens on the floor of the US senate in 2006.
Tim Wu, though a proponent of network neutrality, claims that the current Internet is not neutral as its implementation of best effort generally favors file transfer and other non-time-sensitive traffic over real-time communications.[96] Generally, a network which blocks some nodes or services for the customers of the network would normally be expected to be less useful to the customers than one that did not. Therefore, for a network to remain significantly non-neutral requires either that the customers not be concerned about the particular non-neutralities or the customers not have any meaningful choice of providers, otherwise they would presumably switch to another provider with fewer restrictions.[citation needed]
While the network neutrality debate continues, network providers often enter into peering arrangements among themselves. These agreements often stipulate how certain information flows should be treated. In addition, network providers often implement various policies such as blocking of port 25 to prevent insecure systems from serving as spam relays, or other ports commonly used by decentralized music search applications implementing peer-to-peer networking models. They also present terms of service that often include rules about the use of certain applications as part of their contracts with users.[citation needed]
Most consumer Internet providers implement policies like these. The MIT Mantid Port Blocking Measurement Project is a measurement effort to characterize Internet port blocking and potentially discriminatory practices. However, the effect of peering arrangements among network providers are only local to the peers that enter into the arrangements, and cannot affect traffic flow outside their scope.[citation needed]
Jon Peha from Carnegie Mellon University believes it is important to create policies that protect users from harmful traffic discrimination, while allowing beneficial discrimination. Peha discusses the technologies that enable traffic discrimination, examples of different types of discrimination, and potential impacts of regulation.[97]
Internet routers forward packets according to the diverse peering and transport agreements that exist between network operators. Many networks using Internet protocols now employ quality of service (QoS), and Network Service Providers frequently enter into Service Level Agreements with each other embracing some sort of QoS.
There is no single, uniform method of interconnecting networks using IP, and not all networks that use IP are part of the Internet. IPTV networks are isolated from the Internet, and are therefore not covered by network neutrality agreements.
The IP datagram includes a 3-bit wide Precedence field and a larger DiffServ Code Point that are used to request a level of service, consistent with the notion that protocols in a layered architecture offer services through Service Access Points. This field is sometimes ignored, especially if it requests a level of service outside the originating network’s contract with the receiving network. It is commonly used in private networks, especially those including Wi-Fi networks where priority is enforced. While there are several ways of communicating service levels across Internet connections, such as SIP, RSVP, IEEE 802.11e, and MPLS, the most common scheme combines SIP and DSCP. Router manufacturers now sell routers that have logic enabling them to route traffic for various Classes of Service at “wire-speed”.
With the emergence of multimedia, VoIP, IPTV, and other applications that benefit from low latency, various attempts to address the inability of some private networks to limit latency have arisen, including the proposition of offering tiered service levels that would shape Internet transmissions at the network layer based on application type. These efforts are ongoing, and are starting to yield results as wholesale Internet transport providers begin to amend service agreements to include service levels.[98]
Advocates of net neutrality have proposed several methods to implement a net neutral Internet that includes a notion of quality-of-service:
An approach offered by Tim Berners-Lee allows discrimination between different tiers, while enforcing strict neutrality of data sent at each tier: “If I pay to connect to the Net with a given quality of service, and you pay to connect to the net with the same or higher quality of service, then you and I can communicate across the net, with that quality and quantity of service”.[3] “[We] each pay to connect to the Net, but no one can pay for exclusive access to me.”[99]
United States lawmakers have introduced bills that would now allow quality of service discrimination for certain services as long as no special fee is charged for higher-quality service.[100]
Alok Bhardwaj has argued that net neutrality preservation through legislation is consistent with implementing quality of service protocols. He argues legislation should ban the charging of fees for any quality of service, which would both allow networks to implement quality of service as well as remove any incentive to abuse net neutrality ideas. He argues that since implementing quality of service doesn’t require any additional costs versus a non-QoS network, there’s no reason implementing quality of service should entail any additional fees.[74] However, the core network hardware needed (with large number of queues, etc.) and the cost of designing and maintaining a QoS network are both much higher than for a non-QoS network.[citation needed]
Pricing models
Broadband Internet access has most often been sold to users based on Excess Information Rate or maximum available bandwidth. If Internet service providers(ISPs) can provide varying levels of service to websites at various prices, this may be a way to manage the costs of unused capacity by selling surplus bandwidth (or “leverage price discrimination to recoup costs of ‘consumer surplus‘”). However, purchasers of connectivity on the basis of Committed Information Rate or guaranteed bandwidth capacity must expect the capacity they purchase in order to meet their communications requirements.
Various studies have sought to provide network providers the necessary formulas for adequately pricing such a tiered service for their customer base. But while network neutrality is primarily focused on protocol based provisioning, most of the pricing models are based on bandwidth restrictions.[101]
Privacy concerns
This article or section may be written in a style that is too abstract to be readily understandable by general audiences. Please improve it by defining technical terminology, and by adding examples. (February 2015)
Some opponents of net neutrality legislation point to concerns of privacy rights that could come about as a result, how those infringements of privacy can be exploited. While some believe it is hyperbole to suggest that ISPs will just transparently monitor transmitted content, or that ISPs will have to alter their content, there is the concern that ISPs may have profit motives to analyze what their subscribers are viewing, and be able to use such information to their financial advantage. For example, an ISP may be able to essentially replicate the “targeting” that has already been employed by companies like Google. To critics such as David Clark, a senior research scientist at Massachusetts Institute of Technology, the proper question is “who has the right to observe everything you do”?[102]
Jump up^Waniata, Ryan. “Comcast Jumps up in Netflix Speed Rankings after Payola-style Agreement.” Digital Trends. N.p., 14 Apr. 2014. Web. 15 Aug. 2014.
Jump up^Waniata, Ryan. “Netflix Calls Verizon out on the Big Red Screen [Update: Netflix Backs Off].” Digital Trends. N.p., 9 June 2014. Web. 15 Aug. 2014.
Jump up^J. H. Saltzer; D. P. Reed; D. D. Clark (November 1984). “End-to-end arguments in system design”. ACM Transactions on Computer Systems2 (4): 277–288.doi:10.1145/357401.357402.
Jump up^Wu, Tim (2003). “Network Neutrality, Broadband Discrimination”. Journal of Telecommunications and High Technology Law2: 141. doi:10.2139/ssrn.388863.SSRN388863.
CISPA’s return? Obama seeks access to civilian communication info
Politician Uses Sony Hack Hysteria to Reintroduce CISPA – The Know
CISPA IS BACK (AGAIN) 2015
Published on Jan 15, 2015
Despite numerous defeats, CISPA is making the comeback already in 2015. This bill has been introduced as bill H.R.234 — 114th Congress (2015-2016). While experts think it is unlikely the bill will pass into the law, that is no reason not to voice your concerns. One major difference now is that the White House is no longer threatening to veto CISPA and instead is backing it. This is very troublesome and we must act now before it is too late.
For those unfamiliar with CISPA, it essentially allows all companies to share your private data with the government, other private companies, and essentially anyone they want. Companies are given financial incentives to do so and they are exempt from all prosecution for violating both your rights and privacy. This essentially makes every Privacy Policy for any private company null and void. Touted as a weapon to secure our nation from cyber threats, CISPA does nothing to protect against them and serves only to further the reach of the surveillance state we live in. It is for this reason we must remain ever vigilant and strike down every SOPA, CISPA, ACTA, or any other incarnations that threaten our civil liberties and our free and open internet.
Glenn Greenwald Slams NSA Backer Rep. Dutch Ruppersberger Over ABC Interview, Defense Industry Ties
Rep. Ruppersberger Opens Floor Debate on the Rogers/Ruppersberger Cyber Bill – CISPA
Obama Will Veto CISPA
Anonymous new message CISPA it’s back Ops shut down engage
CISPA SOPA 2.0
ALEX JONES – CISPA Another Fascist Takeover of the Internet. EMERGENCY ALERT
CISPA, the Cyber Intelligence Sharing and Protection Act, is picking up sponsors and it looks like the legislation will make it to the House floor for a vote next week. CISPA emerged from the House Intelligence Committee with an overwhelming vote of 17-1.
The bill, authored by Rep. Mike Rogers, a Michigan Republican, is supported by Google, the technology company in bed with the CIA and responsible for building the Great Firewall of China. Google is not alone in supporting CISPA. Corporate sponsors include Facebook, Microsoft, Intel, IBM, Verizon, the U.S. Chamber of Commerce and others, according to the House’s Permanent Select Committee on Intelligence.
The Electronic Frontier Foundation, long a champion of rights online, has signed on to two coalition letters urging legislators to drop their support for HR 3523. The coalition behind the privacy letter includes dozens of groups, including the ACLU, the American Library Association, the American Policy Center, the Center for Democracy and Technology, the Privacy Rights Clearinghouse, and many others, according to the EFF website.
The letter warns: CISPA creates an exception to all privacy laws to permit companies to share our information with each other and with the government in the name of cybersecurity…. CISPA’s ‘information sharing’ regime allows the transfer of vast amounts of data, including sensitive information like internet use history or the content of emails, to any agency in the government including military and intelligence agencies like the National Security Agency or the Department of Defense Cyber Command. Once in government hands, this information can be used for any non-regulatory purpose so long as one significant purpose is for cybersecurity or to protect national security.
CISPA was pushed through following public outrage over SOPA and PIPA, two sneaky attempts to undermine internet freedom earlier this year under the guise of protecting the copyrights of Hollywood and its transnational “entertainment” corporations.
CISPA is far worse than its forerunners. It would amend the the National Security Act of 1947 — legislation that created the national security state and the CIA — and centralize “information sharing” between government agencies, intelligence agencies, and the Pentagon.
Time Techland admits that, according to the Center for Democracy & Technology, CISPA threatens privacy because it “has a very broad, almost unlimited definition of the information that can be shared with government agencies and it supersedes all other privacy laws,” “is likely to lead to expansion of the government’s role in the monitoring of private communications” and “is likely to shift control of government cybersecurity efforts from civilian agencies to the military.”
In short, it is a dream bill designed specifically for the national security surveillance state. CISPA will put a legal facade on behavior the CIA and NSA have engaged in for decades. It is the culmination of years of cyber psyops and attendant propaganda designed convince the public that they must surrender their privacy.
The transfer of “cybersecurity efforts from civilian agencies to the military” is especially alarming considering the Pentagon’s aggressive response to supposed cyber attacks. In early 2011, the Pentagon said that cyber attacks constitute acts of war and will be responded to with military action.
It is imperative that you contact your representatives immediately and tell them that you strongly oppose this dangerous legislation and demand they vote against it. If CISPA is allowed to pass next week, it will be a victory for the global elite and their ongoing effort to turn the internet into the largest and most comprehensive surveillance and control mechanism in human history
Rep Mike Rogers Claims that Opponents to CISPA are 14 Year Olds
Gov’t Spying on US Citizens; Big Brother watching you-CISPA-NSA
Ruppersberger began his career as a Baltimore County Assistant State’s Attorney. He was soon promoted to the Chief of the State’s Attorney Office Investigative Division, pursuing organized crime, political corruption, and drug trafficking. He was elected to the Baltimore County Council in 1985 and again in 1989, chosen twice as council chairman. In December 1994 and again in 1998, Ruppersberger was elected Baltimore County Executive.
U.S. House of Representatives
Congressman Ruppersberger calls on Congress to create a cabinet level intelligence director on August 3, 2004.
Ruppersberger was the first Democratic freshman ever to be appointed to the House Intelligence Committee. He was named to this committee because his district is home to the National Security Agency. Since 2011, he has been this committee’s ranking Democrat. The position places Ruppersberger on the elite “Gang of Eight,” which refers to the chairs and ranking members of the House and Senate Intelligence Committees along with the Senate majority leader, Senate minority leader, House speaker and House minority leader. By law, the president must keep the Gang of Eight informed of the country’s most secret intelligence activities to maintain proper oversight.
Shock Trauma
Congressman Ruppersberger decided to run for office after a near-fatal car accident while investigating a drug trafficking case. Thanks to the dedication of doctors at the University of Maryland Shock Trauma Center, Congressman Ruppersberger survived and began campaigning for office to assist Shock Trauma after they saved his life. He remains an active supporter of the hospital, serving as vice chairman of its board of visitors. He also serves on the United States Naval Academy Board of Visitors.
Operation Hero Miles
In one of his first acts in Washington in 2003, Congressman Ruppersberger created the national “Hero Miles” program to enable patriotic Americans to donate their frequent flyer miles to wounded warriors recovering at military or Veterans Administration (VA) medical centers as well as to friends and family visiting them. In 2012, he authored legislation expanding the program to enable Americans to also donate their hotel reward points to military families. Both the “Hero Miles” and “Hotels for Heroes” programs are administered by Fisher House, a nonprofit organization that opens its homes to military families visiting their injured loved ones at hospitals across the country .[2] He won a Charles Dick Medal of Merit in 2004 for this initiative, thus becoming the last Marylander to win this award, which was previously awarded to U.S. Rep. Beverly Byron (1992), State Senator John Astle (1993), U.S. Senator Barbara Mikulski (1994), U.S. Rep. Roscoe Bartlett (1998) and State Del (now State Comptroller) Peter Franchot (1999).
CISPA
Congressman Ruppersberger, along with Michigan Republican Mike Rogers, co-sponsored the Cyber Intelligence Sharing and Protection Act, designed to increase intelligence sharing between private cyber security firms and government agencies.[3] More than 60 businesses and trade organizations submitted letters of support including the U.S. Chamber of Commerce, Time Warner, Verizon and AT&T, IBM and Intel.[4] Despite several amendments to address privacy concerns, some groups, such as the Electronic Frontier Foundation, have criticized the act for a lack of civil liberties protections, claiming that it authorizes government surveillance of private communications and allows companies to hand over large amounts of personal information on their clients without a warrant or judicial oversight, and thereby creates a cybersecurity loophole in existing privacy laws, such as the Wiretap Act and the Electronic Communications Privacy Act.[5] CISPA passed the House of Representatives on April 26, 2012.[6] It was reintroduced into the House on February 13, 2013, and passed on April 18, 2013, by a bipartisan vote of 288-127. Ninety-two Democrats supported the bill, many citing significant privacy improvements over the 2012 version. [7]
Political campaigns
Barred from a third term as County Executive, Ruppersberger opted to run for Congress in 2002 after 2nd District Congressman Bob Ehrlich made what turned out to be a successful run forgovernor. The Maryland General Assembly significantly altered the 2nd by shifting most of its share of Harford County to the 1st and 6th Districts. In its place, the legislature added a heavily Democratic portion of Baltimore City that had previously been in the 1st District. This turned the 2nd from a swing district into a strongly Democratic district. It was an open secret that the district was drawn for Ruppersberger; local media called the new district “the Dutch district.” An August 2011 editorial by The Washington Post describes the 2nd district as “curlicue territories strung together by impossibly delicate tendrils of land” and “a crazy-quilt confection drawn for the express purpose of ousting the incumbent at the time, Rep. (and later Gov.) Robert L. Ehrlich Jr., a Republican, and installing C.A. Dutch Ruppersberger, a Democrat who still holds the job.”[8] He defeated Republican opponent Helen Delich Bentley, who had represented the 2nd district from 1985 to 1995, with 55 percent of the vote. Ruppersberger has never faced another contest even that close and has been reelected five times. On April 10, 2013, the Baltimore Sun reported that Ruppersberger was considering a run for governor of Maryland in 2014.[9] In January of 2014, Ruppersberger announced that he would not run for Governor, but instead would seek reelection to the House of Representatives.[10]
This article may require cleanup to meet Wikipedia’s quality standards. The specific problem is: Need to organize old information by date and add to recent developments on 2015 bill.. Please help improve this article if you can.(January 2015)
To provide for the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities, and for other purposes.
The Cyber Intelligence Sharing and Protection Act (CISPAH.R. 3523 (112th Congress), H.R. 624 (113th Congress), H.R. 234 (114th Congress)) is a proposed law in the United States which would allow for the sharing of Internet traffic information between the U.S. government and technology and manufacturing companies. The stated aim of the bill is to help the U.S. government investigate cyber threats and ensure the security of networks against cyberattacks.[1]
The legislation was introduced on November 30, 2011, by Representative Michael Rogers (R–MI) and 111 co-sponsors.[2][3] It was passed in the House of Representatives on April 26, 2012, but was not passed by the U.S. Senate.[4] President Barack Obama‘s advisers have argued that the bill lacks confidentiality and civil liberties safeguards, and the White House said he would veto it.[5]
In January 2015 the House reintroduced the bill again.[10] The bill currently has been Referred to the Committee on Intelligence to see if it will come to the House for a vote.
Some critics saw wording included in CISPA as a second attempt to protect intellectual property after the Stop Online Piracy Act was taken off the table by Congress after it met opposition.[14]Intellectual property theft was initially listed in the bill as a possible cause for sharing Web traffic information with the government, though it was removed in subsequent drafts.[15]
CISPA is an amendment to the National Security Act of 1947, which does not currently contain provisions pertaining to cybercrime. It adds provisions to the Act describing cyber threat intelligence as “information in the possession of an element of the intelligence community directly pertaining to a vulnerability of, or threat to, a system or network of a government or private entity, including information pertaining to the protection of a system or network from either “efforts to degrade, disrupt, or destroy such system or network”.[16] In addition, CISPA requires the Director of National Intelligence to establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities and encourage the sharing of such intelligence.[17]
In an April 16, 2012, press release, the House of Representatives Permanent Select Committee on Intelligence announced the approval of several amendments to CISPA, including the addition of a new provision “to permit federal lawsuits against the government for any violation of restrictions placed on the government’s use of voluntarily shared information, including the important privacy and civil liberties protections contained in the bill,” the inclusion of an anti-tasking provision to “explicitly prohibit the government from conditioning its sharing of cyber threat intelligence on the sharing of private sector information with the government”, and the prevention of the government from using the information for “any other lawful purpose unless the government already has a significant cybersecurity or national security purpose in using the information”. Relevant provisions were also clarified to “focus on the fact that the bill is designed to protect against unauthorized access to networks or systems, including unauthorized access aimed at stealing private or government information”.[18] In addition, already collected cyberthreat data can also be used to investigate “the imminent threat of bodily harm to an individual” or “the exploitation of a minor,” bringing the bill into line with existing law codified by thePatriot Act and the PROTECT Our Children Act[19] in which these two conditions already allow for protected entities to share data voluntarily with the United States government, law enforcement agencies, and the National Center for Missing and Exploited Children.
Recent developments
Bill sponsors Mike Rogers and Dutch Ruppersberger, the chairman and ranking member of the House Intelligence Committee, respectively, said on April 25, 2012, that the Obama administration’s opposition is mostly based on the lack of critical infrastructure regulation, something outside of the jurisdiction of the Intelligence committee; they have also since introduced a package of amendments to the legislation that, “address nearly every single one of the criticisms leveled by the Administration, particularly those regarding privacy and civil liberties of Americans”.[20]
Due to the opposition the bill has experienced, the co-sponsors are planning to amend the bill to address many of the concerns of its opponents—including limiting its scope to a narrower definition of cyber-threats, and stating that the “theft of intellectual property” refers to the theft of research and development. In addition, there will now be penalties if private companies or the government uses data from CISPA for purposes “unrelated to cyberthreats”.[21][22]
However, Sharan Bradford Franklin, of the Constitution Project states, “Although we appreciate the Intelligence Committee’s efforts to improve the bill and willingness to engage in a dialogue with privacy advocates, the changes in its most current draft do not come close to addressing the civil liberties threats posed by the bill, and some of the proposals would actually make CISPA worse. Therefore, Congress should not pass CISPA”.[23]
Rainey Reitman, of the Electronic Frontier Foundation states, “To date, the authors of the bill have been unresponsive to these criticisms, offering amendments that are largely cosmetic. Dismissing the grave concerns about how this bill could undermine the core privacy rights of everyday Internet users, Rep. Mike Rogers characterized the growing protests against CISPA as ‘turbulence’ and vowed to push for a floor vote without radical changes.”[24]
Kendall Burman of the Center for Democracy and Technology states, “The authors of CISPA have made some positive changes recently. Unfortunately, none of the changes gets to the heart of the privacy concerns that Internet users and advocacy groups have expressed.”[25]
In April 2012, the Office of Management and Budget of the Executive Office of the President of the United States released a statement strongly opposing the current bill and recommending to veto it.[26]
On April 26, 2012, the House of Representatives passed CISPA.
On February 13, 2013, United States Representative Mike Rogers reintroduced the CISPA bill in the 113th Congress as H.R. 624.[6]
On April 18, 2013, the House of Representatives passed H.R. 624.[7] The Senate has reportedly refused to vote on the measure and is drafting competing legislation.[27]
Former Representative Ron Paul (R–TX) has publicly opposed the bill calling it “Big Brother writ large.”[36][37][38][39]
36 groups currently oppose CISPA[40] with an addition of 6 groups as of April 21.[41] The Electronic Frontier Foundation lists a growing list of opposition[42] as well as a list of security experts, academics, and engineers in opposition of the bill.[43] They also published the statement Don’t Let Congress Use “Cybersecurity” Fears to Erode Digital Rights.[44]
Opposition to CISPA includes more than 840,000 online petitioners who have signed global civic organization Avaaz.org’s petition to members of the US Congress entitled “Save the Internet from the US”.[45] Avaaz also has a petition to Facebook, Microsoft, and IBM entitled “The end of Internet privacy”, signed by more than 840,000 people.[46]
The Center for Democracy and Technology (CDT) published a statement titled “Cybersecurity’s 7-Step Plan for Internet Freedom”.[47] The CDT openly opposes the Mike Rogers bill based on these 7-step criteria.[48] The CDT has also openly supported a competing bill in the house sponsored by Representative Dan Lungren (R–CA)[49] that has yet to be reported by the committee.[50]
The Constitution Project (TCP) “believes cybersecurity legislation currently pending before Congress possess major risks to civil liberties that must be addressed before any bill is enacted into law.”[51]
The American Civil Liberties Union (ACLU) has also issued a statement opposing the bill stating, “The Cyber Intelligence Sharing and Protection Act would create a cybersecurity exception to all privacy laws and allow companies to share the private and personal data they hold on their American customers with the government for cybersecurity purposes.” As the statement continues, “Beyond the potential for massive data collection authorization, the bill would provide no meaningful oversight of, or accountability for, the use of these new information-sharing authorities.”[52]
The Sunlight Foundation states, “The new cybersecurity bill, CISPA, or HR 3523, is terrible on transparency. The bill proposes broad new information collection and sharing powers (which many other organizations are covering at length). Even as the bill proposes those powers, it proposes to limit public oversight of this work.”[53]
Cenk Uygur, from Current TV, opposed the bill highlighted one of Mike Rogers’ speech about the bill to the business community. He also attempted to summarize the bill to his audience.[54]
Demand Progress opposes CISPA, stating “The Cyber Intelligence Sharing and Protection Act, or CISPA, would obliterate any semblance of online privacy in the United States.”[55]
Reporters Without Borders states, “Reporters Without Borders is deeply concerned with the Cyber Intelligence Sharing and Protection Act of 2011 (CISPA), the cyber security bill now before the US Congress. In the name of the war on cyber crime, it would allow the government and private companies to deploy draconian measures to monitor, even censor, the Web. It might even be used to close down sites that publish classified files or information.”[57]
testPAC opposes CISPA stating “CISPA would effectively take the door off the hinge of every household in America, but lacks the tools necessary to distinguish whether there is a criminal hiding in the attic. Why surrender the core of our privacy for the sake of corporate and governmental convenience?”[58]
Mozilla, the makers of the Firefox Web-Browser, opposes CISPA stating, “While we wholeheartedly support a more secure Internet, CISPA has a broad and alarming reach that goes far beyond Internet security.”[59]
The Association for Computing Machinery believes that “More effective information sharing in support of cybersecurity is a laudable goal, but CISPA is seriously flawed in its approach to PII. Better approaches to information sharing are certainly possible if privacy goals are also considered.”[60]
IGDA, the International Game Developers Association is against this bill, urging Congress and the President to reject it saying, in part, “The version of CISPA which just emerged from the House Intelligence Committee does not address the privacy failings in the previous version, which the White House wisely rejected. The bill still retains its dangerously over-broad language, still lacks civilian control, still lacks judicial oversight, and still lacks clear limits on government monitoring of our Internet browsing information. The House should vote against it.”[61]
The Libertarian Party protested it by blacking out much of their Facebook, and encouraged others to follow suit.[62]
Anonymous, a hacktivist group, has criticized the bill and called for an “Internet blackout day” to protest the bill. The date of the blackout was April 22, 2013.[68]
Prior attempts for U.S. cybersecurity bills
Since legislation must pass the House and the Senate within the same Congress, anything introduced during the 112th or earlier Congresses has to pass both chambers again.
S. 2105 (Cybersecurity Act), reported by committee on February 15, 2012. Sponsored by SenatorJoseph Lieberman (I–CT).[70] Failing to gain enough support for passage, the bill, entitled “Cybersecurity Act of 2012”, was reintroduced on July 19, 2012 in a revised form which omitted federal imposition of security standards on IP providers, as well as including stronger privacy and civil liberties protections.[71]
House of Representatives
H.R. 3674 (Precise Act), reported by committee April 18, 2012 by Representative Dan Lungren (R–CA).[72] The bill changed as “Lungren dropped many of the critical infrastructure and DHS provisions” due to the house.[73]
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]
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.
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.)
Bad Aibling Station (Bad Aibling, 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
Glenn Greenwald: The NSA Can “Literally Watch Every Keystroke You Make”
A history of NSA wiretapping, Prism, Edward Snowden, William Binney and Thomas Drake – Truthloader
Spying On Americans By NSA Prism Collection Details Rand Paul On Hannity
NSA and the One Trillion Dollar scam [Empire]
The Truth About Edward Snowden
Vindication for Snowden? Obama Panel Backs Major Curbs on NSA Surveillance, Phone Record Data Mining
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
Construction of the NCI supercomputer – timelapse video
NSA’s Largest Spy Center Located in Utah (What you need to know)
What You Should Know About The New NSA Utah Data Center
How NSA Spys On You With Utah Data Center Super Computer
The End of Internet Privacy? Glenn Greenwald On Secret NSA Program to Crack Online Encryption
NSA and the One Trillion Dollar scam [Empire]
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.
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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The Pronk Pops Show — Week In Review — July 20-27, 2017 — Videos
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The Pronk Pops Show Podcasts
Pronk Pops Show 936, July 27, 2017
Pronk Pops Show 935, July 26, 2017
Pronk Pops Show 934, July 25, 2017
Pronk Pops Show 934, July 25, 2017
Pronk Pops Show 933, July 24, 2017
Pronk Pops Show 932, July 20, 2017
Pronk Pops Show 931, July 19, 2017
Pronk Pops Show 930, July 18, 2017
Pronk Pops Show 929, July 17, 2017
Pronk Pops Show 928, July 13, 2017
Pronk Pops Show 927, July 12, 2017
Pronk Pops Show 926, July 11, 2017
Pronk Pops Show 925, July 10, 2017
Pronk Pops Show 924, July 6, 2017
Pronk Pops Show 923, July 5, 2017
Pronk Pops Show 922, July 3, 2017
Pronk Pops Show 921, June 29, 2017
Pronk Pops Show 920, June 28, 2017
Pronk Pops Show 919, June 27, 2017
Pronk Pops Show 918, June 26, 2017
Pronk Pops Show 917, June 22, 2017
Pronk Pops Show 916, June 21, 2017
Pronk Pops Show 915, June 20, 2017
Pronk Pops Show 914, June 19, 2017
Pronk Pops Show 913, June 16, 2017
Pronk Pops Show 912, June 15, 2017
Pronk Pops Show 911, June 14, 2017
Pronk Pops Show 910, June 13, 2017
Pronk Pops Show 909, June 12, 2017
Pronk Pops Show 908, June 9, 2017
Pronk Pops Show 907, June 8, 2017
Pronk Pops Show 906, June 7, 2017
Pronk Pops Show 905, June 6, 2017
Pronk Pops Show 904, June 5, 2017
Pronk Pops Show 903, June 1, 2017
Pronk Pops Show 902, May 31, 2017
Pronk Pops Show 901, May 30, 2017
Pronk Pops Show 900, May 25, 2017
Pronk Pops Show 899, May 24, 2017
Pronk Pops Show 898, May 23, 2017
Pronk Pops Show 897, May 22, 2017
Pronk Pops Show 896, May 18, 2017
Pronk Pops Show 895, May 17, 2017
Pronk Pops Show 894, May 16, 2017
Pronk Pops Show 893, May 15, 2017
Pronk Pops Show 892, May 12, 2017
Pronk Pops Show 891, May 11, 2017
Pronk Pops Show 890, May 10, 2017
Pronk Pops Show 889, May 9, 2017
Pronk Pops Show 888, May 8, 2017
Pronk Pops Show 887, May 5, 2017
Pronk Pops Show 886, May 4, 2017
Pronk Pops Show 885, May 3, 2017
Pronk Pops Show 884, May 1, 2017
Pronk Pops Show 883 April 28, 2017
Pronk Pops Show 882: April 27, 2017
Pronk Pops Show 881: April 26, 2017
Pronk Pops Show 880: April 25, 2017
Pronk Pops Show 879: April 24, 2017
Pronk Pops Show 878: April 21, 2017
Pronk Pops Show 877: April 20, 2017
Pronk Pops Show 876: April 19, 2017
Pronk Pops Show 875: April 18, 2017
Pronk Pops Show 874: April 17, 2017
Pronk Pops Show 873: April 13, 2017
Pronk Pops Show 872: April 12, 2017
Pronk Pops Show 871: April 11, 2017
Pronk Pops Show 870: April 10, 2017
Pronk Pops Show 869: April 7, 2017
Pronk Pops Show 868: April 6, 2017
Pronk Pops Show 867: April 5, 2017
Pronk Pops Show 866: April 3, 2017
The Pronk Pops Show 936
July 27, 2017
Story 1
bama Spy Scandal: Obama Administration Officials Including National Security Adviser Rice, CIA Director Brennan and United Nations Ambassador Power Spied On American People and Trump Campaign By Massive Unmasking Using Intelligence Community For Political Purposes — An Abuse of Power and Felonies Under U.S. Law — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/28/the-pronk-pops-show-936-story-1obama-spy-scandal-obama-administration-officials-including-national-security-adviser-rice-cia-director-brennan-and-united-nations-ambassador-power-spied-on-american/
The Pronk Pops Show 935
July 26, 2017
Story 1: Trump Targets Transgender Troops — No More Gender Reassignment Surgeries In Military and Veterans Hospital — Cuts Spending By Millions Per Year — What is Next? — No More Free Viagra — Tranny Boys/Girls No More — Videos —
Story 2: Senate Fails To Pass Senator Rand Paul’s Total Repeal Amendment — Tea Party Revival Calling For Primary Challenge Against Rollover Republican Senators Shelley Moore Capito of West Virginia, Susan Collins of Maine, Dick Heller of Nevada, John McCain of Arizona, Rob Portman of Ohio, Lamar Alexander of Tennessee and Lisa Murkowski of Alaska — All Republicans in Name Only — Really Big Government Democrats — Videos —
Story 3: Trump Rally in Ohio — Neither A Rally Nor A Movement Is Not A Political Party That Votes in Congress — New Viable and Winning American Independence Party Is What Is Needed –Videos
For additional information and videos:
https://wordpress.com/post/pronkpops.wordpress.com/26375
The Pronk Pops Show 934
July 26, 2017
Story 1: Pence Breaks Tie — Senate Will Debate How To Proceed With Obamacare Repeal and Replace — Videos —
Story 2: Congress Overwhelming Passes New Sanctions on Russia, Iran and North Korea — Long Overdue — Videos —
Story 3: Trump Again Critical Of Attorney General Sessions Apparently For Not Prosecuting Leakers and Going After Clinton Foundation Crimes — What about Obama Administration’s Spying On Trump — An Abuse of Power Using Intelligence Community for Political Purposes — Will Trump Dump Sessions? If He Does Trump Will Start To Lose His Supporters in Talk Radio and Voter Base — Direct Deputy Attorney Rod Rosenstein To Fire Mueller — If He Won’t Fire Him — Fire Both Mueller and Rosenstein — Punish Your Enemies and Reward Your Friends President Trump! — “In Your Guts You Know He is Nuts” — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/25/the-pronk-pops-show-934-july-24-2017-breaking-breaking-story-1-pence-breaks-tie-senate-will-debate-how-to-proceed-with-obamacare-repeal-and-replace-videos-story-2-congress-overwhel/
The Pronk Pops Show 933
July 24, 2017
Story 1: The American People Do Not Care About Phony Russian/Trump Collusion Conspiracy of The Lying Lunatic Left, Delusional Democrats and Big Lie Media — They’re Coming To Take You Away To The Funny Farm To Play with Your Ding-a-Ling — Videos —
Story 2: Trump Should Read Saul Alinski Rules For Radicals To Understand What Is Going On — Then Have Department of Justice Investigate The Clinton Charitable Foundation For Public Corruption and Obama Administration For Abuse of Power Using Intelligence Community for Political Purposes And Then Fire Mueller For Conflicts of Interests — The Sooner The Better — Go On Offense Stop Playing Defense — Just Do It! — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/24/the-pronk-pops-show-923-july-24-2017-story-1-the-american-people-do-not-care-about-phony-russiantrump-collusion-conspiracy-of-the-lying-lunatic-left-delusional-democrats-and-big-lie-media-the/
The Pronk Pops Show 932
July 20, 2017
Story 1: O.J. Simpson Granted Parole When Eligible — The Juice Will Soon Be Loose — Videos —
Story 2: President Trump’s First Six Months — Videos —
Story 3: President Trump Will Keep Attorney General Sessions For Now — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/20/the-pronk-pops-show-932-story-1-o-j-simpson-granted-parole-when-eligible-the-juice-will-soon-be-loose-videos-story-2-president-trumps-first-six-months-videos-story-3-president-tr/
The Pronk Pops Show 931
July 19, 2017
Story 1: “Obamacare Failed” Says President Trump — Wants Obamacare Completely Repealed and Replaced Sooner or Later — Obama Lied To American People — Does President Trump Understand The Relationship Between Pre-existing Conditions, Guaranteed Issue, Community Rating and Adverse Selection — Many Doubt Trump Really Understands The Relationship That Is The Real Reason Obamacare Was Designed To Fail From The Beginning So It Could Be Replaced By Single Payer Government Health Care — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/20/the-pronk-pops-show-931-july-19-2017-story-1-obamacare-failed-says-president-trump-wants-obamacare-completely-repealed-and-replaced-sooner-or-later-obama-lied-to-american-people/
The Pronk Pops Show 930
July 18, 2017
Story 1: Will Trump Challenge The Washington Establishment To Achieve His Promises? You Betcha. Will He Win? Long Shot –A Movement Is Not A Viable Political Party That Can Beat The Democratic Party and Republican Party and Their Allies In The Big Government Bureaucracies, Big Lie Media and The Owner Donor Class — Votes Count — Independence Party???– Videos —
Story 2: Replace Republicans With D and F Conservative Review Grades and Scores Root and Branch With Real Conservatives, Classical Liberals and Libertarians Until New Political Party Is Formed and Becomes A Viable Party — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/19/the-pronk-pops-show-970-july-18-2017-story-1-will-trump-challenge-the-washington-establishment-to-achieve-his-promises-yes-will-he-win-long-shot-a-movement-is-not-a-viable-political-party-tha/
The Pronk Pops Show 929
July 17, 2017
Story 1: Downsizing The Federal Government or Draining The Swap: Trump Should Permanently Close 8 Departments Not Appoint People To Run Them — Cut All Other Department Budgets by 20% — Video —
Story 2: Federal Spending Breaks $4 Trillion for Fiscal Year 2017 —
Story 3: The American People and President Trump Vs. Political Elitist Establishment of The Big Government Democratic and Republican Parties — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/18/the-pronk-pops-show-929-july-17-2017-story-1-downsizing-the-federal-government-or-draining-the-swap-trump-should-permanently-close-8-departments-not-appoint-people-to-run-them-cut-all-other-de/
The Pronk Pops Show 928
July 13, 2017
Story 1: Senate Revised Republican Repeal and Replacement Bill A Betrayal of Voters Who Gave Republicans Control of Senate and House — Does Not Repeal All Obamacare Mandates, Regulations and Taxes but Does Bailout Insurance Industry and States Who Extended Medicaid Benefits — Trump Should Veto This Betrayal By Republican Establishment of Republican Voters — Videos —
Story 2: Estimated insolvency date of Social Security’s Trust fund is 2034 — and Medicare’s Hospital Trust Fund is 2029 — Social Security and Medicare Benefits Will Be Cut or Taxes Raised or Combination of Benefit Cuts and Tax Increases — Videos —
Story 3: Trump’s Broken Promises and Kept Promises — Good Intentions are Not Enough — Only Results Count — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/15/the-pronk-pops-show-928-july-13-2017-story-1-senate-revised-republican-repeal-and-replacement-bill-a-betray-of-voters-who-gave-republicans-control-of-senate-and-house-does-not-repeal-all-obamac/
The Pronk Pops Show 927
July 12, 2017
Story 1: Putin’s Sting — How Russian Intelligence Service (FSB) Played The Washington Political Elitist Establishment (Democrats and Republicans) And Big Lie Media And How They Fell Hook, Line and Sinker for Russian Intelligence Disinformation Campaign — Russian Trump Dossier — The Dangers of Opposition Research, Confirmation Bias, True Believers, Useful Idiots, Blind Ambition and Two Party Tyranny — The Sting Redux — Videos —
Story 2: Republican Sellout The Republican Voter Base By Not Repealing Obamacare Completely — Leaves Many Obamacare Regulations, Subsidies, and Taxes In Place –Republican Replacement of Obamacare Is A Big Bailout Bill of Insurance Industry — The Stupid Republican Party About To Commit Political Suicide — Rest In Peace — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/13/the-pronk-pops-show-927-july-12-2017-story-1-putins-sting-how-russian-intelligence-played-the-washington-political-elitist-establishment-democrats-and-republicans-and-big-lie-media-and-the/
The Pronk Pops Show 926
July 11, 2017
Story 1: Much Ado About Nothing — What Dirt Did The Russians Have On Hillary Clinton? — Donald Trump Jr. Wanted To Know — Smells Like A Russian Setup and/or Democrat Dirty Trick — Who Leaked The Emails To New York Times? — American People Ignoring Paranoid Progressive Propaganda of Big Lie Media — Still Waiting For Any Evidence of Trump/Russian/Putin Collusion — Clinton Collusion Conspiracy Crashing — Desperate Delusional Democrat Deniers of Reality — Videos —
Story 2: When Will Attorney General Sessions Appoint A Special Counsel To Investigate Intelligence Community Leaks and Hillary Clinton Mishandling of Classified Documents and Related Pay for Play Public Corruption of Clinton Foundation? — Was Democratic Hired Opposition Research firm Fusion GPS and Christopher Steel Formerly of British Intelligent MI-6 Agent A Cutout For The Russian Disinformation Campaign Included in The Donald Trump — Russia Dossier? — Videos
For additional information and videos:
https://pronkpops.wordpress.com/2017/07/12/the-pronk-pops-show-926-july-11-2017-story-1-much-ado-about-nothing-what-dirt-did-the-russians-have-on-hillary-clinton-donald-trump-jr-wanted-to-know-smells-like-a-russian-setup-andor/
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