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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

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Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 461 May 7, 2015

Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Story 1: 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.

Fourth Amendment

The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government.  It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.

https://www.law.cornell.edu/constitution/fourth_amendment

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Carly Simon – Nobody Does It Better

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

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Through a PRISM, Darkly – Everything we know about NSA spying [30c3]

30c3 keynote with Glenn Greenwald [30c3]

FISA Court: Telecoms okay with NSA data collection

US Supreme Court refuses to let Americans challenge FISA eavesdropping law

FISA Section 215: A Debate about Its Legality, Usefulness and Civil Liberties

The creepy spying power buried in the Patriot Act

Real Talk: The Patriot Act

Patriot Act Powers – GOP Fights To Renew NSA Surveillance Law – Fox & Friends

Marco Rubio blasts colleagues over renewing NSA spying powers

Rand Paul Stalling Patriot Act Extension!

The Obama Administration’s War on Whistleblowers–7 Whistleblowers speak at News Conference 04-27-15

Top NSA Whistleblower William Binney Exposes the Tyranny 3/20/15

NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post

Former NSA Head Exposes Agency’s Real Crimes

NSA Whistleblower William Binney: The Future of FREEDOM

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NSA Whistle-Blower Tells All: The Program | Op-Docs | The New York Times

William Binney – The Government is Profiling You (The NSA is Spying on You)

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.

A version of the system the NSA uses is now even available commercially.

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.

A slide from a June 2006 NSA powerpoint presentation described the role of VoiceRT:

VoiceRT: Index/Search of Voice Cuts

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.”

According to a 2011 memo, “How is Human Language Technology (HLT) Progressing?“, NSA that year deployed “HLT Labs” to Afghanistan, NSA facilities in Texas and Georgia, and listening posts in Latin America run by the Special Collection Service, a joint NSA/CIA unit that operates out of embassies and other locations.

“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.”

The presidentially appointed but independent Privacy and Civil Liberties Oversight Board (PCLOB) didn’t mention speech-to-text technology in itspublic reports.

“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.”

The Need for New Rules

Kim Taipale, executive director of the Stilwell Center for Advanced Studies in Science and Technology Policy, is one of several people who tried a decade ago to get policymakers to recognize that existing surveillance law doesn’t adequately deal with new global communication networks and advanced technologies including  speech recognition.

“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.”

Next: The NSA’s best kept open secret.

Readers with information or insight into these programs are encouraged to get in touch, either by email, or anonymously via SecureDrop.

Documents published with this article:

Research on the Snowden archive was conducted by Intercept researcher Andrew Fishman

https://firstlook.org/theintercept/2015/05/05/nsa-speech-recognition-snowden-searchable-text/

 

Section 215 of the USA PATRIOT Act

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.

The lawsuit remains ongoing.

https://www.eff.org/foia/section-215-usa-patriot-act

Background Articles and Videos

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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.

http://en.wikipedia.org/wiki/Stellar_Wind_%28code_name%29

PRISM

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

Unbalanced scales.svg
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]

Related government Internet surveillance programs

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]

http://en.wikipedia.org/wiki/PRISM_%28surveillance_program%29

ThinThread

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]

http://en.wikipedia.org/wiki/ThinThread

Trailblazer

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]

http://www.youtube.com/watch?v=1AXwwSq_me4

Boundless Informant

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]

http://en.wikipedia.org/wiki/Boundless_Informant

ECHELON

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.

Organization

UKUSA Community
Map of UKUSA Community countries with Ireland

Australia
Canada
New Zealand
United Kingdom
United States of America

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)

http://en.wikipedia.org/wiki/ECHELON

Room 641A

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.

Main article: Hepting v. AT&T

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.

http://en.wikipedia.org/wiki/Room_641A

List of government surveillance projects for the United States

United States

A top secret document leaked by Edward Snowden to The Guardian in 2013, originally due to be declassified on 12 April 2038.

http://en.wikipedia.org/wiki/List_of_government_surveillance_projects

Section summary of the Patriot Act, Title II

From Wikipedia, the free encyclopedia

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 States Congress 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.

Contents

 [hide

Sections 201 & 202: Intercepting communications

Patriot Act Titles
Title I: Enhancing Domestic Security against Terrorism
Title II: Enhanced Surveillance Procedures
Title III: International Money Laundering Abatement and Anti-terrorist Financing Act of 2001
Title IV: Protecting the border
Title V: Removing obstacles to investigating terrorism
Title VI: Providing for victims of terrorism, public safety officers and their families
Title VII: Increased information sharing for critical infrastructure protection
Title VIII: Strengthening the criminal laws against terrorism
Title IX: Improved intelligence
Title X: Miscellaneous

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):

Note: the legislation states that title 18, section 2516(1), paragraph (p) of the United States Code was redesignated (moved) to become paragraph (q). This paragraph had been previously redesignated by two other pieces of legislation: the Antiterrorism and Effective Death Penalty Act of 1996[dead link][1] and by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (see section 201(3)).[2]

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:
    1. an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
    2. sabotage or international terrorism by a foreign power or an agent of a foreign power; or
    3. clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
    4. 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.’.
    5. 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.

This section was repealed by the Homeland Security Act of 2002 — this act also created the Homeland Security Department — and was replaced with a new and permanent emergency disclosure provision.[23]

Section 213: Delayed search warrant notification

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.

Before the Patriot Act was enacted, there were three cases before the United States district courts: United States v. Freitas, 800 F.2d 1451 (9th Cir. 1986); United States v. Villegas, 899 F.2d 1324 (2d Cir. 1990); and United States v. Simons, 206 F.3d 392 (4th Cir. 2000). Each determined that, under certain circumstances, it was not unconstitutional to delay the notification of search warrants.[26]

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

Any investigation against U.S. citizens must not violate the First Amendment to the United States Constitution.[28]

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.

As a safeguard, section 502 of FISA compels the Attorney General to inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate of all such orders granted. Every six months, the Attorney General must also provide a report to the Committee on the Judiciary of the House of Representatives and the Senate which details the total number of applications made for orders approving requests for the production of tangible things and the total number of such orders either granted, modified, or denied.[33]

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]

This section was reauthorized in 2011.

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:

  1. any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
  2. 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;
  3. the configuration of the device at the time of its installation and any subsequent modification made to the device; and
  4. 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
    1. 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
    2. 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

  1. the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
  2. the person is lawfully engaged in an investigation,
  3. the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
  4. 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:

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

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).

Notes and references

  1. Jump up^ See Antiterrorism and Effective Death Penalty Act of 1996, section 434(2)
  2. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 201. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism.”, page 7 & Patrick Leahy, Section-bySection Analysis, “Sec. 201.”
  3. Jump up^ 18 U.S.C. § 2516(1)(c)computer crime is a felony violation of 18 U.S.C. § 1030.
  4. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 202. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Computer Fraud and Abuse Offenses.”, page 8 & Patrick Leahy, Section-bySection Analysis, “Sec. 202.”
  5. Jump up^ 20 U.S.C. § 401a
  6. Jump up^ 18 U.S.C. § 2517
  7. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 203. Authority to share criminal investigation information”, page 8 & Patrick Leahy, Section-by-Section Analysis, “Sec. 203.”
  8. Jump up^ 18 U.S.C. § 2511(2)(f) was amended to allow this change
  9. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 204. Clarification of Intelligence Exceptions From Limitations on Interception and Disclosure of Wire, Oral and Electronic Communications.”, page 9 & Patrick Leahy, Section-by-Section Analysis, “Sec. 204.”
  10. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 205. Employment of Translators by the Federal Bureau of Investigation.”, page 9 & Patrick Leahy, Section-by-Section Analysis, “Sec. 205.”
  11. Jump up^ 50 U.S.C. § 1805(c)(2)(B)
  12. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 206. Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978.”, page 10 & Patrick Leahy, Section-by-Section Analysis, “Sec. 206.”
  13. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 207. Duration of FISA Surveillance of Non-United States Persons Who are Agents of a Foreign Power.”, page 10 & Patrick Leahy, Section-by-Section Analysis, “Sec. 207.”
  14. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 208. Designation of judges”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 208.”
  15. Jump up^ A “Title III wiretap” is shorthand for Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which deals with wiretaps and was the law that created Title 18, chapter 19 of the United States Code (entitled “Wire Interception and Interception of Oral Communications,” it includes 18 U.S.C. § 251018 U.S.C. § 2520)
  16. Jump up^ Patrick Leahy, section by section analysis of the USA PATRIOT Act, section 209. Accessed November 12, 2005.
  17. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 209. Seizure of voice-mail messages pursuant to warrants”, page 11
  18. Jump up^ 18 U.S.C. § 2703
  19. Jump up^ 18 U.S.C. § 2703(c)(2)
  20. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Scope of subpoenas for records of electronic communications”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 210.”
  21. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Clarification of scope”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 211.”
  22. Jump up^ 18 U.S.C. § 2702(a)(3)
  23. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Emergency disclosure of electronic communications to protect life and limb”, page 12 & Patrick Leahy, Section-by-Section Analysis, “Sec. 212.”
  24. 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”
  25. Jump up^ 18 U.S.C. § 3103a
  26. Jump up^ For some analysis of section 213 of the PATRIOT Act, see: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 213: Authority for delaying notice of the execution of a warrant”, page 12 & Patrick Leahy, Section-by-Section Analysis, “Sec. 213.”
  27. Jump up^ Section 402 of FISA (50 U.S.C. § 1842) and Section 403 of FISA (50 U.S.C. § 1843) were both amended
  28. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 214: Pen register and trap and trace authority under FISA”, page 13 & Patrick Leahy, Section-by-Section Analysis, “Sec. 214.”
  29. Jump up^ Carle, David (2011-01-26). “Leahy Renews Effort To Extend Expiring PATRIOT Act Authorities, Increase Oversight”. Press release from Senator Patrick Leahy‘s office (Washington). Archived from the original on 2011-05-27. Retrieved 2011-05-27.
  30. Jump up^ Mascaro, Lisa. “Congress votes in time to extend key Patriot Act provisions”. Los Angeles Times. Retrieved 2011-05-27.
  31. Jump up^ Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court Privacy and Civil Liberties Oversight Board
  32. Jump up^ Paul, Rand (2011-04-15). “Senator Rand Paul’s Letter of Opposition to the Patriot Act”. Archived from the original on 2011-05-27. Retrieved 2011-05-27.
  33. Jump up^ See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 215: Access to records and other items under the Foreign Intelligence Surveillance Act”, page 14 & Patrick Leahy, Section-by-Section Analysis, “Sec. 215.”
  34. ^ Jump up to:a b Ackermann, Spencer (17 July 2013). “NSA warned to rein in surveillance as agency reveals even greater scope”. The Guardian. Retrieved July 18, 2013.
  35. Jump up^ Bump, Philip (17 July 2013). “The NSA Admits It Analyzes More People’s Data Than Previously Revealed”. The Atlantic Wire. RetrievedJuly 18, 2013.
  36. Jump up^ Cite error: The named reference McClatchy20130717 was invoked but never defined (see the help page).
  37. Jump up^ 18 U.S.C. § 3123(b)(1)
  38. Jump up^ Mary DeRosa (undated), “Section 218, amending the FISA Standard, a summary by Mary DeRosa”, The Patriot Debates, accessed January 22, 2006
  39. Jump up^ Federal Rules of Criminal Procedure, rule 41(a)
  40. Jump up^ The Trade Sanctions Reform and Export Enhancement Act of 2000 is defined in title 22, chapter 79 of the United States Code
  41. Jump up^ Trade Sanctions Reform and Export Enhancement Act of 2000, Title IX, section 904(2)(C); corresponds to 22 U.S.C. § 7203(2)(C).
  42. Jump up^ Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, section 906(A)(1) 22 U.S.C. § 7205(A)(1)
  43. Jump up^ Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, section 906(A)(2) 22 U.S.C. § 7205(A)(2)
  44. Jump up^ This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
  45. 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”
  46. Jump up^ Defined in Executive Order No. 12978: “Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers”; & the Foreign Narcotics Kingpin Designation Act
  47. Jump up^ As defined in section 216 of the Patriot Act.
  48. Jump up^ Defined in 18 U.S.C. § 2520(f) and 18 U.S.C. § 2707(d)
  49. ^ Jump up to:a b Defined in 18 U.S.C. § 2520(g) and 18 U.S.C. § 2707(g)
  50. ^ Jump up to:a b 18 U.S.C. § 2712(b)
  51. Jump up^ 50 U.S.C. § 1845(g)

External links

http://en.wikipedia.org/wiki/Section_summary_of_the_Patriot_Act,_Title_II

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Breaking News: An American With A Mission: 61 Year Young Mailman Lands on West Front of Capitol To Deliver 535 Airmail Letters To Representatives and Senators In Congress Demanding Campaign Finance Reform — Mission Accomplished — Nice Landing — Videos

Posted on April 15, 2015. Filed under: American History, Blogroll, Business, Communications, Constitution, Documentary, Faith, Family, Federal Bureau of Investigation (FBI), Federal Government, Freedom, Friends, government, government spending, history, Law, liberty, Life, Links, Literacy, media, Money, National Security Agency (NSA_, People, Photos, Politics, Radio, Rants, Raves, Regulations, Talk Radio, Transportation, Video, Wealth, Weather, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: Breaking News: An American With A Mission: 61 Year Young Mailman Lands on West Front of Capitol To Deliver 535 Airmail Letters To Representatives and Senators In Congress Demanding Campaign Finance Reform — Mission Accomplished — Nice Landing — Videos


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us postal service

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Witness Captures Capitol Landing !!! RAW VIDEO !!!

VIDEO – 61 Yr Old Man Lands Gyrocopter on Lawn of U.S. Capitol w/ Letters to Congress – Doug Hughes

Man Lands Gyrocopter on US Capitol Grounds

U.S. Capitol Police converged Wednesday on a small manned aircraft that has landed on the west front of the Capitol building in Washington, D.C. Police have taken the pilot into custody.

“The U.S. Capitol Police is investigating a gyro copter with a single occupant that has landed on the grassy area of the West Lawn of t‎he U.S. Capitol. The U.S. Capitol Police continues to investigate with one person detained and temporary street closures in the immediate area,” said Capitol Police Lt. Kimberly Schneider in a statement to CNN.

According to White House spokesman Eric Schultz, the President has been briefed on the situation.

The Tampa Bay Times is reporting that the pilot is a mailman from Florida who planned the flight to protest the Supreme Court decision in Citizens’ United case and the influence of outside money in politics. He told the Times that he wanted to deliver mail to lawmakers outlining his complaints.

The paper is reporting it called Secret Service and Capitol Hill police before he flew. The reporter who spoke before the flight has been tweeting from Washington as the postal worker landed.

The Capitol Police, however, have not disclosed his identity. They did say he is in custody for questioning and they’re seeking to find out whether the landing was due to a mechanical issue or some other issue.

A friend of the pilot who says he’s known the man for years tells CNN that “there’s nothing on the helicopter that is dangerous” and that the this flight was meant to send a message to Congress about campaign finance reform.

“He has no weapons or anything else,” said Michael Shanahan. “I know him personally. He’s like a pitbull when he has an idea. He wants to wake up the country.”

Shanahan said the pilot called him before he took off.

“He’s upset that politicians can be bought and sold at auction, and I agree with him. That’s the point he’s trying [to make]” Shanahan added.

“Happy he made it alive. I want to thank the people who decided not to kill him.”

According to the FAA, this is restricted airspace and the individual did not get special permission to fly in this airspace. And a U.S, Defense official tells CNN NORAD was not involved. FAA would have contacted them for any military assets to be activated in response to this, and that contact was never made.

The building is no longer in lockdown, and the Senate Sergeant at Arms tells CNN that everything is under control.

At the moment of its landing, however, the Capitol was thrown into chaos.

Outside of the Senate Foreign Relations Committee hearing room, a half-dozen police were running through the hallways, speaking into their radios about a lockdown. In the room waited Iraqi Prime Minister Haider al-Abadi, who had stopped by for a photo op and was posing a challenge for officers discussing safe ways to get the prime minister out of the building if necessary.

Homeland Security Chairman Mike McCaul was on the first floor of the Capitol with aides when the building was briefly locked down, but he hadn’t heard about the incident until CNN asked him. He decided to go outside and see the aircraft for himself, and Capitol Police let him through, despite the lockdown.

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Gyrocopter Lands on West Front of US Capitol, Pilot Arrested

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Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: President Obama — “Good Deal” for Islamic Republic of Iran, Shia, Russia, China — Bad Deal for United States, U.S. Allies Including NATO, Israel, Saudi Arabia, Jordan, Egypt and Sunnis —  ‘If Iran cheats, the world will know’’ After Iran Has Nuclear Weapons — Deal Not Written nor Signed — Trust Terrorists? — — Chamberlain At Least Got A Written Signed Agreement From Hitler — Peace In Our Time — Time For Military Option: Destruction of Iran’s Nuclear Facitlites –The Road To World War 3 and Nuclear Proliferation —   Videos

IF – Rudyard Kipling’s poem, recitation by Sir Michael Caine

Neville Chamberlain – Peace in our Time

Peace in our Time September 1938

Obama Iran Nuclear Deal Talks — US President Barack Obama Speaks Delivers a Statement on Iran

Obama On Iran Nuclear Deal – Full Speech

What’s in the Iran nuclear framework agreement?

Historic Nuclear Deal With Iran Sparks Mixed Reviews

Breaking News April 2 2015 Iran nuclear deal negotiators announce framework agreement

Bill O’Reilly – Let’s Give Iran Deal a Shot , We Don’t Want to Risk War – Fox News

Is Obama Lying About Iran Nuke Deal, Netanyahu Deal Leads to Horrific War, 0% GDP Growth

Heinonen: We Don’t Know How Many Centrifuges Iran Has

Does Iran Need 54,000 Nuclear Centrifuges?

Peters: If Israel Disappeared From The Face of The Earth Tomorrow, Obama Would Not Shed a Tear

Rudyard Kipling’s “If”, a song by Six Elements

The most important quote from Obama’s Iran deal speech

There is one quote, buried in the middle of Obama’s Thursday address on the new Iran nuclear deal, that really captures his approach to what has become one of his key foreign policy priorities. It explains both why Obama wants this deal so badly — and how he’s planning to tackle the inevitable political fallout now that a basic framework for an agreement has been struck.

Here’s the passage:

When you hear the inevitable critics of the deal sound off, ask them a simple question: do you really think that this verifiable deal, if fully implemented backed by the world’s powers, is a worse option than the risk of another war in the Middle East?

The question, for Obama, isn’t whether this deal is perfect (though he clearly thinks it’s pretty good). It’s whether there are any alternatives that might be better. And the president, quite fundamentally, believes there aren’t.

Obama sees a deal with Iran as the least-worst option

As he said in the speech, Obama thinks there are only two possible alternatives to the deal that’s shaping up if the US wants to prevent Iran from getting a nuclear bomb. Either America could go to war with Iran, or it could withdraw from negotiations and hope sanctions would force Tehran to give up its hopes for a bomb.

The second option hasn’t worked so far. “Is [a deal] worse than doing what we’ve done for almost two decades with Iran moving with its nuclear program and without robust inspections?” he asked. “I think the answer will be clear.”

That leaves only one real alternative: war. Obama (along with most military experts) believes that war would delay Iran’s nuclear program at best. He believes, deeply and in his bones, that international inspections are a more effective way of stopping Iran from getting nukes — and that the consequences of war would be severe. This is, after all, a president who was elected on the basis of his opposition to the Iraq War.

This argument — that all of the alternatives to the deal are worse — also explains how Obama plans to handle the political challenges to the deal. At home, Republicans will vociferously oppose the deal. Israeli Prime Minister Benjamin Netanyahu, the leader of America’s closest ally in the Middle East, will do the same. Both believe Iran can’t be trusted, and appear to believe that terms of this agreement aren’t enough to ensure Iran won’t get a nuclear weapon.

Netanyahu and the Republicans are perhaps the most important of the “inevitable critics” Obama mentioned in his speech. His response to them is clear: what do you have that’s better? What is the credible alternative to what I’m doing, and how — specifically — could it prevent Iran from getting a bomb without taking us to war?

Or is it war you want?

This argument isn’t just an exercise in spin. If Congress chooses to pass new sanctions, and enough Democrats vote with Republicans to override Obama’s veto, it can kill the Iran deal. This line about alternatives is likely what the president and his aides will peddle to legislators, especially congressional Democrats tempted to side with Republicans, in the days to come.

Essentially, we’re about to get a test of whether enough Democrats share the president’s belief that “there is no alternative” to a deal — and whether that argument, together with partisanship and party loyalty, are enough to save the deal from the coming political fight.

http://www.vox.com/2015/4/2/8337123/obama-iran-deal-quote

Obama announces outlines of a nuclear deal: ‘If Iran cheats, the world will know’

By Juliet Eilperin

President Obama on Thursday announced a potentially historic nuclear agreement with the Islamic Republic of Iran, the culmination of intense negotiations between the United States, Iran and several world powers.

Speaking from the Rose Garden, Obama stressed that the deal — which none of the parties involved have yet formally agreed to — represented the best possible path to prevent Iran from acquiring a nuclear weapon.

“Sanctions alone could not stop Iran’s nuclear program, but they did help bring Iran to the negotiating table. Because of our diplomatic efforts, the world stood with us,” Obama said. “Today, after many months of tough principle diplomacy, we have achieved the framework for that deal.

“And it is a good deal, a deal that meets our core objectives,” the president added.

[Fact sheet from State Department: Parameters of plan on Iran nuclear program]

As part of the unprecedented framework, the Iranian government has agreed not to stockpile materials it could use to build a nuclear weapon. In exchange, the United States and several world powers have agreed to provide Iran with relief from certain sanctions placed on it by the international community.

The president said that sanctions placed on Iran “for its support of terrorism, its human rights abuses, its ballistic missile program” will remain in place.

Secretary of State John Kerry, speaking from Lausanne, Switzerland, said that the final agreement “will not rely on promises, it will rely on proof,” saying that diplomatic relations moving forward will depend on Iran’s compliance with the terms of the agreement.

Both the president and Kerry stressed that Iran will be under close scrutiny moving forward.

“If Iran cheats, the world will know it. If we see something suspicious, we will inspect it,” Obama said. “With this deal, Iran will face more inspections than any other country in the world. So, this will be a long-term deal that addresses each path to a potential Iranian nuclear bomb.”
President Obama has made the negotiations between Iran, six major world powers and the European Union a centerpiece of his foreign policy, investing any final outcome with major potential benefits and risks.

The pact came after an all-night work session that extended well past the talks’ original deadline of March 31. State Department spokeswoman Marie Harf tweeted Thursday afternoon, “For those keeping track, it’s 6am in Lausanne. That was truly an all-nighter.”

Iran, world powers agree on parameters of Iranian nuclear deal(3:01)
Negotiators from Iran and major world powers reached agreement on a framework for a final agreement to curb Tehran’s nuclear program in exchange for relief from international sanctions, participants in the talks said. (Yahoo News)
Obama had been slated to leave early Thursday afternoon to deliver an economic speech in Louisville, but remained in the White House as the deal in Lausanne, Switzerland coalesced.

Iranian President Hassan Rouhani tweeted just before 1 p.m. ET, “Solutions on key parameters of Iran #nuclear case reached. Drafting to start immediately, to finish by June 30th.”

Before coming out to speak Obama spoke separately with French President Francois Hollande, German Chancellor Angela Merkel and British Prime Minister David Cameron.

According to a statement released by the White House, “The leaders affirmed that while nothing is agreed until everything is agreed, the framework represents significant progress towards a lasting, comprehensive solution that cuts off all of Iran’s pathways to a bomb and verifiably ensures the peaceful nature of Iran’s nuclear program going forward.”

The president also called Saudi Arabian King Salman bin Abdul Aziz to discuss the agreement, and said during his speech he plans to call Israeli Prime Minister Benjamin Netanyahu later on Thursday.

As Obama’s motorcade made its way to Joint Base Andrews shortly after the speech large, cheering throngs stood along the route through the Mall and along the Tidal Basin. At 3:21 p.m. the motorcade arrived at Andrews Air Force Base, roughly three hours behind schedule, and the president jogged up the stairs to Air Force One as he prepared to take off on the flight to Kentucky.

http://www.washingtonpost.com/blogs/post-politics/wp/2015/04/02/u-s-iranian-officials-expected-to-speak-on-nuclear-deal/

Hitting the sweet spot: How many Iranian centrifuges?

Ariane Tabatabai

With the deadline for a comprehensive nuclear agreement between Iran and the P5+1 (China, France, the United Kingdom, the United States, Russia, and Germany) right around the corner, the negotiating parties are starting to reveal more of their cards in hopes of striking a deal. Along with the creative solutions that the West has put on the table, there are now reports about it showing more flexibility on what remains the talks’ key sticking point: enrichment.

News reports indicate that the current numbers of centrifuges that the two sides are discussing fall in the range of about 4,000 to 5,000 of the machines. This is the “sweet spot” for both sides, when it comes to how many centrifuges Iran can have for enriching uranium.

How far both sides have come. The negotiations surrounding Iran’s enrichment capacity would make any Iranian rug merchant haggling in the bazaar proud. Many in the West were pushing for a few hundred centrifuges. This past summer, Iran’sSupreme Leader Ayatollah Khamenei (link in Persian) stirred things up when he put a specific number on his country’s enrichment goals. Given his status as Iran’s highest political authority, the large number he had announced made many nervous that a deal would no longer be reachable. Khamenei formulated Iran’s goal of enrichment capacity as 190,000 separative work units, or SWUs. (An SWU is a measure of the work expended during enrichment.)

For the country to be able to reach this number, Iran would likely need at least 190,000 and perhaps as many as about 243,000 first-generation centrifuges, known as IR-1 centrifuges. (The efficiency of these first-generation centrifuges varies a good deal, from about 0.78 SWU per unit per year to 0.9 SWU, but in the past couple of years most of them have been producing at the lower end of the scale. All of which means that Iran may need a lot more than first anticipated to reach the goal of 190,000 SWU produced annually.)

The news came at a time when most of those discussing Iran’s practical needs—how much fuel the country requires to keep its domestic nuclear energy program running—said they could be met with roughly 1,500 centrifuges, or fewer than one percent of Khamenei’s figure.

Tehran has made it clear that its goal is to have industrial-scale enrichment. But while fixing a clear and concrete goal, Khamenei’s speech also gave a lot of room for his negotiating team to maneuver. This part of the speech was lost in translation in the United States. Many in the arms control community and Congress focused on that 190,000 SWU figure, with those in favor of a deal becoming worried that this number would tie the hands of negotiators. Those opposing it cited this figure as a reason why the talks would fail.

In fact, what Khamenei had stated was: “Our officials say we need 190,000 SWU. It is possible this need is not for this year, the next couple of years, or the next five years, but this is the country’s undeniable need.”

The head of the Atomic Energy Organization of Iran, Ali Akbar Salehi, explained Khamenei’s statement, noting that 190,000 SWU would meet the Bushehr civilian nuclear power plant’s need for fuel for one year. This wouldn’t mean that Iran could take care of all of its fuel needs domestically, but it would give it a backup plan in case its suppliers fail again. This number, however, seems way above Bushehr’s needs alone.

Oddly, while fixing a redline, Khamenei’s statement also opens the doors wider for the negotiating team—and Iran’s nuclear industry in general—on the matter. It is significant that he doesn’t give a timeline for industrial-scale enrichment.

It is also significant that Iran has been adhering to the interim deal reached in November 2013. Even though it has more advanced and efficient technologies, such as the recently installed cascades of second-generation, IR-2m centrifuges (which produce approximately 5 SWU per machine per year, or more than four or five times that of an IR-1), Iran has chosen not to feed their new machines with natural uranium hexafluoride gas—a vital step to enrichment.

And in practical terms, Iran is nowhere close to being able to produce 190,000 SWU any time soon. Of the more than 190,000 IR-1 centrifuges needed, the country currently only has approximately 20,000—and only half of those are actually operating. While Iran also has a number of centrifuges even more advanced than the IR-2m under research and development at the Natanz Pilot Fuel Enrichment Plant, those centrifuges are not currently operating. And Tehran has undertaken to not install any new machines. Consequently, 190,000 SWU is not a number Iran can realistically attain any time soon.

Spinning out the implications. If the negotiating team accepts the 4,000- to 5,000-centrifuge proposal on the table, it can sell the deal back home in Iran using Khamenei’s guidelines, depending on the timeframe fixed in the final agreement. This is especially true if this proposal is part of a larger package that the team can stand behind. The current deal includes an attractive offer from the P5+1 on other sticking points, including the Arak heavy water reactor and the underground enrichment facility in Fordow.

But in Iran, the issue of enrichment is the most visible component of the nuclear talks. Many people may not be aware of the other sticking points such as Arak or Fordow, but virtually everyone in Iran is aware of the enrichment debate. Any limitation on enrichment will likely cause some factions to criticize the negotiating team, but no deal is possible without some kind of limitation. So far, the Rouhani government has let the issue of enrichment become the centerpiece of debate about the negotiations, and the only measure of the team’s success. But knowing that any deal of any kind would diminish Iran’s enrichment capacity, the government must step up and begin to publicize to the Iranian public the benefits of the other components of the agreement, such as the considerable concessions it is getting from the P5+1. This will allow the Iranian government to sell the deal as a whole, and not be judged by the number of centrifuges it is “losing.”

During his 2013 presidential campaign, Hassan Rouhani famously declared that the centrifuges should spin, but that people’s lives should run too. He hadn’t said how many centrifuges should spin but this has become one of the key issues of the first eighteen months of his presidency. Something in the range of 4,000 to 5,000 centrifuges is a good compromise, a “win-win” formula for both sides. They’ll allow the Iranian negotiating team to go back to Tehran and state that they started negotiating at a time when their opponents at the bargaining table were pushing for Iran to be limited to a few hundred centrifuges, and that the Iranian team successfully kept over half of the current operating centrifuges. They can also say that they managed to keep Arak with some design modifications, and Fordow as a research facility. Meanwhile, the White House can tell Congress that it has effectively rolled back approximately half of Iran’s enrichment capacity.

For Iran, anything less than 4,000 centrifuges will be a hard pill to swallow. The Iranian parliament, or Majles, won’t roll out a red carpet for the negotiating team if it comes back with a lower number. Likewise, on the US side, selling more than 5,000 centrifuges to Congress would be extremely difficult. Many congressmen still believe any enrichment to be a major concession to Tehran, let alone about half of the country’s current number of operating centrifuges.

With nearly a month left until the November 24 deadline, the Iranian government should step up its promotional campaign to its people regarding the negotiations, and accept a number falling between 4,000 and 5,000 centrifuges.

http://thebulletin.org/hitting-sweet-spot-how-many-iranian-centrifuges7763

Rudyard Kipling, If: A Father’s Advice to His Son

“If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;

If you can wait and not be tired by waiting,
Or being lied about, don’t deal in lies,
Or being hated, don’t give way to hating,
And yet don’t look too good, nor talk too wise

If you can dream – and not make dreams your master;
If you can think – and not make thoughts your aim;
If you can meet with Triumph and Disaster
And treat those two impostors just the same;

If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build ’em up with worn-out tools

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;

If you can force your heart and nerve and sinew
To serve your turn long after they are gone,
And so hold on when there is nothing in you
Except the will which says to them: ‘Hold on!’

If you can talk with crowds and keep your virtue,
Or walk with Kings – nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much;

If you can fill the unforgiving minute
With sixty seconds’ worth of distance run,
Yours is the Earth and everything that’s in it,
And – which is more – you’ll be a Man, my son!”

http://www.goodreads.com/quotes/346219-if-you-can-keep-your-head-when-all-about-you

The Pronk Pops Show Podcasts Portfolio

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United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Posted on April 3, 2015. Filed under: Articles, Blogroll, Bomb, Central Intelligence Agency (CIA), College, Communications, Computers, Constitution, Corruption, Culture, Data, Demographics, Dirty Bomb, Documentary, Drones, Economics, Education, Entertainment, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Freedom, Friends, Genocide, government, government spending, Illegal, Immigration, Investments, Islam, Language, Law, liberty, Life, Links, Missiles, Music, National Security Agency (NSA_, Natural Gas, Nuclear, Nuclear Proliferation, Oil, People, Philosophy, Photos, Physics, Politics, Press, Programming, Psychology, Radio, Rants, Raves, Regulations, Religion, Resources, Science, Security, Shite, Strategy, Sunni, Talk Radio, Taxes, Technology, Terrorism, Video, War, Wealth, Weapons, Weapons of Mass Destruction, Weather | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 2: United States Nuclear Deal is Another Obama Disaster — Just Walk Away Kerry — Back To Punishing Economic Sanctions — Iranian Regime Change — Videos

Treaty Clause

“The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

What to know about the U.S.-Iran nuclear negotations

Iran Nuclear Negotiations: What’s at Stake? | The New York Times

Iran Nuclear Talks Approaching Deadline

Iran nuclear talks intensify as deadline for deal looms

Kerry defends US policy to continue nuclear talks with Iran

Iran Nuclear Negotiations: Deal or No Deal? / Ted Cruz, Election 2016

Former WH aide Dan Pfeiffer on potential collapse of Iran nuclear talks

Iranium – The Islamic Republic’s Race to Obtain Nuclear Weapons

Saudi nuclear weapons ‘on order’ from Pakistan (BBC Newsnight 7 Nov 2013)

Saudi Nuclear Deal Raises Arms Race Fears

Iran – Nuclear negotiations waste of time says Saudi Arabia

Saudi Arabia reportedly able to acquire nuclear weapons from Pakistan to counter Iran threat

Why do the Saudis Want the US to Attack Iran? (4/5)

Saudi Arabia Showcases Ballistic Missiles in Military Parade

Shocking Histry of saudi Arabia

Walk Away Renee – The left Banke

Walk Away Renee

  1. And when I see the sign that points one way
    The lot we used to pass by every day
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re not to blame
    From deep inside the tears that I’m forced to cry
    From deep inside the pain that I chose to hide
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Just walk away, Renee
    You won’t see me follow you back home
    Now, as the rain beats down upon my weary eyes
    For me, it cries
    Your name and mine inside a heart upon a wall
    Still finds a way to haunt me though they’re so small
    Just walk away, Renee
    You won’t see me follow you back home
    The empty sidewalks on my block are not the same
    You’re… Full lyrics on Google Play

    Herman’s Hermits – Walk Away Renee (1968)

    The Four Tops – Walk Away Renee (with lyrics on screen)

Pro-Hassan Rouhani Iranian editor defects while covering nuclear talks in Lausanne

Amir Hossein Motaghi says he no longer sees any “sense” in his profession as he could only write as he was told

A close media aide to Hassan Rouhani, the Iranian president, has sought political asylum in Switzerland after travelling to Lausanne to cover the nuclear talks between Tehran and the West.

Amir Hossein Motaghi, who managed public relations for Mr Rouhani during his 2013 election campaign, was said by Iranian news agencies to have quit his job at the Iran Student Correspondents Association (ISCA).

He then appeared on an opposition television channel based in London to say he no longer saw any “sense” in his profession as a journalist as he could only write what he was told.

“There are a number of people attending on the Iranian side at the negotiations who are said to be journalists reporting on the negotiations,” he told Irane Farda television. “But they are not journalists and their main job is to make sure that all the news fed back to Iran goes through their channels.

“My conscience would not allow me to carry out my profession in this manner any more.” Mr Mottaghi was a journalist and commentator who went on to use social media successfully to promote Mr Rouhani to a youthful audience that overwhelmingly elected him to power.

But he was also subject to the bitter internal arguments within the Iranian regime. One news website claimed he had been forced in to report to the ministry of intelligence weekly, and that he had been tipped off that he might be subject to arrest had he returned to Tehran.


Jason Rezalan

He is said to have been a friend of Jason Rezaian, the Iranian-American reporter for the Washington Post who has been detained in Tehran, and to have campaigned privately for his release.

ISCA, which has come under fire from regime hardliners critical of Mr Rouhani, issued a statement denying that Mr Motaghi was in Lausanne to report for it.

“Amir Hossein Motaghi had terminated his contribution to ISCA and this news agency has not had any reporter at the nuclear talks, except for a photojournalist”, it said.

However, critics said Mr Mottaghi was “prey of the exiled counter-revolutionaries” and had gone to Lausanne with the sole purpose of seeking refugee status in Switzerland.

In his television interview, Mr Mottaghi also gave succour to western critics of the proposed nuclear deal, which has seen the White House pursue a more conciliatory line with Tehran than some of America’s European allies in the negotiating team, comprising the five permanent members of the UN security council and Germany.

“The US negotiating team are mainly there to speak on Iran’s behalf with other members of the 5+1 countries and convince them of a deal,” he said.

http://www.telegraph.co.uk/news/worldnews/middleeast/iran/11500145/Pro-Hassan-Rouhani-Iranian-editor-defects-while-covering-nuclear-talks-in-Lausanne.html

NETANYAHU: NUKE DEAL A ‘REWARD FOR IRAN’S AGGRESSION’

Israeli Prime Minister Benjamin Netanyahu has blasted the impending nuclear deal between the P5+1 world powers and the Iranian regime, calling the accord a historically bad agreement that lets Iran race towards nuclear weapons development.

“The deal emerging in Lausanne [Switzerland] sends a message that there is no cost for aggression, and in turn, that there is a reward for Iran’s aggression,” Netanyahu said.

The Israeli Prime Minister vowed to continue fighting against vital threats to the national security of his country.

He added: “We will never close our eyes and we will continue to operate against every threat in every generation, and of course in this generation.”

Netanyahu predicted that many countries in the region would be immediately affected by a bad deal.

“Moderate, responsible countries in the region, primarily Israel but other countries as well, will be the first to be harmed by this agreement,” he said.

On Sunday, the Israeli Prime Minister expressed concern with the Iranian regime’s growing sphere of influence and control.

“After the Beirut-Damascus- Baghdad axis, Iran is carrying out a pincer movement from the south to take over and occupy the entire Middle East. The Iran-Lausanne-Yemen axis is very dangerous to humanity and it must be stopped,” Netanyahu said on Sunday at his weekly cabinet meeting.

Netanyahu suggested in the meeting that the impending nuclear deal likely “paves Iran’s way to the [nuclear] bomb.”

The foreign ministers of Iran and the entire P5+1 world powers met in Switzerland on Monday in hopes to secure a basic framework for a nuclear deal by Tuesday’s March 31 deadline. This marked the first time that all of the negotiating foreign minister’s gathered together at the same event.

Chinese Foreign Minister Wang Yi told the media, “I think it is possible to reach a deal by [Tuesday] night. The gaps are narrowing. I am always optimistic.”

“Our deadline is tomorrow night so obviously we are working very hard,” U.S. Secretary of State John Kerry told reporters.

Treaty Clause

The President… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur….

ARTICLE II, SECTION 2, CLAUSE 2

Teacher’s Companion Lesson (PDF)

The Treaty Clause has a number of striking features. It gives the Senate, in James Madison’s terms, a “partial agency” in the President’s foreign-relations power. The clause requires a supermajority (two-thirds) of the Senate for approval of a treaty, but it gives the House of Representatives, representing the “people,” no role in the process.

Midway through the Constitutional Convention, a working draft had assigned the treaty-making power to the Senate, but the Framers, apparently considering the traditional role of a nation-state’s executive in making treaties, changed direction and gave the power to the President, but with the proviso of the Senate’s “Advice and Consent.” In a formal sense, then, treaty-making became a mixture of executive and legislative power. Most people of the time recognized the actual conduct of diplomacy as an executive function, but under Article VI treaties were, like statutes, part of the “supreme Law of the Land.” Thus, as Alexander Hamilton explained in The Federalist No. 75, the two branches were appropriately combined:

The qualities elsewhere detailed as indispensable in the management of foreign relations point out the executive as the most fit in those transactions; while the vast importance of the trust and the operation of treaties as laws plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.

Another reason for involving both President and Senate was that the Framers thought American interests might be undermined by treaties entered into without proper reflection. The Framers believed that treaties should be strictly honored, both as a matter of the law of nations and as a practical matter, because the United States could not afford to give the great powers any cause for war. But this meant that the nation should be doubly cautious in accepting treaty obligations. As James Wilson said, “Neither the President nor the Senate, solely, can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people.”

The fear of disadvantageous treaties also underlay the Framers’ insistence on approval by a two-thirds majority of the Senate. In particular, the Framers worried that one region or interest within the nation, constituting a bare majority, would make a treaty advantageous to it but prejudicial to other parts of the country and to the national interest. An episode just a year before the start of the Convention had highlighted the problem. The United States desired a trade treaty with Spain, and sought free access to the Mississippi River through Spanish-controlled New Orleans. Spain offered favorable trade terms, but only if the United States would give up its demands on the Mississippi. The Northern states, which would have benefited most from the trade treaty and cared little about New Orleans, had a majority, but not a supermajority, in the Continental Congress. Under the Articles of Confederation, treaties required assent of a supermajority (nine out of thirteen) of the states, and the South was able to block the treaty. It was undoubtedly that experience that impelled the Framers to carry over the supermajority principle from the Articles of Confederation.

At the Convention, several prominent Framers argued unsuccessfully to have the House of Representatives included. But most delegates thought that the House had substantial disadvantages when it came to treaty-making. For example, as a large body, the House would have difficulty keeping secrets or acting quickly. The small states, wary of being disadvantaged, also preferred to keep the treaty-making power in the Senate, where they had proportionally greater power.

The ultimate purpose, then, of the Treaty Clause was to ensure that treaties would not be adopted unless most of the country stood to gain. True, treaties would be more difficult to adopt than statutes, but the Framers realized that an unwise statute could simply be repealed, but an unwise treaty remained a binding international commitment, which would not be so easy to unwind.

Other questions, however, remained. First, are the provisions of the clause exclusive—that is, does it provide the only way that the United States may enter into international obligations?

While the clause does not say, in so many words, that it is exclusive, its very purpose—not to have any treaty disadvantage one part of the nation—suggests that no other route was possible, whether it be the President acting alone, or the popularly elected House having a role. On the other hand, while the Treaty Clause was, in the original understanding, the exclusive way to make treaties, the Framers also apparently recognized a class of less-important international agreements, not rising to the level of “treaties,” which could be approved in some other way. Article I, Section 10, in describing restrictions upon the states, speaks of “Treat[ies]” and “Agreement[s]…with a foreign Power” as two distinct categories. Some scholars believe this shows that not all international agreements are treaties, and that these other agreements would not need to go through the procedures of the Treaty Clause. Instead, the President, in the exercise of his executive power, could conclude such agreements on his own. Still, this exception for lesser agreements would have to be limited to “agreements” of minor importance, or else it would provide too great an avenue for evasion of the protections the Framers placed in the Treaty Clause.

A second question is how the President and Senate should interact in their joint exercise of the treaty power. Many Framers apparently thought that the President would oversee the actual conduct of diplomacy, but that the Senate would be involved from the outset as a sort of executive council advising the President. This was likely a reason that the Framers thought the smaller Senate was more suited than the House to play a key role in treaty-making. In the first effort at treaty-making under the Constitution, President George Washington attempted to operate in just this fashion. He went to the Senate in person to discuss a proposed treaty before he began negotiations. What is less clear, however, is whether the Constitution actually requires this process, or whether it is only what the Framers assumed would happen. The Senate, of course, is constitutionally authorized to offer “advice” to the President at any stage of the treaty-making process, but the President is not directed (in so many words) as to when advice must be solicited. As we shall see, this uncertainty has led, in modern practice, to a very different procedure than some Framers envisioned. It seems clear, however, that the Framers expected that the Senate’s “advice and consent” would be a close review and not a mere formality, as they thought of it as an important check upon presidential power.

A third difficult question is whether the Treaty Clause implies a Senate power or role in treaty termination. Scholarly opinion is divided, and few Framers appear to have discussed the question directly. One view sees the power to make a treaty as distinct from the power of termination, with the latter being more akin to a power of implementation. Since the Constitution does not directly address the termination power, this view would give it to the President as part of the President’s executive powers to conduct foreign affairs and to execute the laws. When the termination question first arose in 1793, Washington and his Cabinet, which included Hamilton and Thomas Jefferson, embraced this view. All of them thought Washington could, on his own authority, terminate the treaty with France if necessary to keep the United States neutral.

A second view holds that, as a matter of the general eighteenth-century understanding of the legal process, the power to take an action (such as passing a statute or making a treaty) implies the power to undo the action. This view would require the consent of the President and a supermajority of the Senate to undo a treaty. There is, however, not much historical evidence that many Framers actually held this view of treaty termination, and it is inconsistent with the common interpretation of the Appointments Clause (under which Senate approval is required to appoint but not to remove executive officers).

The third view is that the Congress as a whole has the power to terminate treaties, based on an analogy between treaties and federal laws. When the United States first terminated a treaty in 1798 under John Adams, this procedure was adopted, but there was little discussion of the constitutional ramifications.

Finally, there is a question of the limits of the treaty power. A treaty presumably cannot alter the constitutional structure of government, and the Supreme Court has said that executive agreements—and so apparently treaties—are subject to the limits of the Bill of Rights just as ordinary laws are. Reid v. Covert (1957). InGeofroy v. Riggs (1890), the Supreme Court also declared that the treaty power extends only to topics that are “properly the subject of negotiation with a foreign country.” However, at least in the modern world, one would think that few topics are so local that they could not, under some circumstances, be reached as part of the foreign-affairs interests of the nation. Some have argued that treaties are limited by the federalism interests of the states. The Supreme Court rejected a version of that argument in State of Missouri v. Holland (1920), holding that the subject matter of treaties is not limited to the enumerated powers of Congress. The revival of interest in federalism limits on Congress in such areas as state sovereign immunity, see Seminole Tribe of Florida v. Florida (1996), and the Tenth Amendment, see Printz v. United States (1997), raises the question whether these limits also apply to the treaty power, but the Court has not yet taken up these matters.

Turning to modern practice, the Framers’ vision of treaty-making has in some ways prevailed and in some ways been altered. First, it is not true—and has not been true since George Washington’s administration—that the Senate serves as an executive council to advise the President in all stages of treaty-making. Rather, the usual modern course is that the President negotiates and signs treaties independently and then presents the proposed treaty to the Senate for its approval or disapproval. Washington himself found personal consultation with the Senate to be so awkward and unproductive that he abandoned it, and subsequent Presidents have followed his example.

Moreover, the Senate frequently approves treaties with conditions and has done so since the Washington administration. If the President makes clear to foreign nations that his signature on a treaty is only a preliminary commitment subject to serious Senate scrutiny, and if the Senate takes seriously its constitutional role of reviewing treaties (rather than merely deferring to the President), the check that the Framers sought to create remains in place. By going beyond a simple “up-or-down” vote, the Senate retains some of its power of “advice”: the Senate not only disapproves the treaty proposed by the President but suggests how the President might craft a better treaty. As a practical matter, there is often much consultation between the executive and members of the Senate before treaties are crafted and signed. Thus modern practice captures the essence of the Framers’ vision that the Senate would have some form of a participatory role in treaty-making.

A more substantial departure from the Framers’ vision may arise from the practice of “executive agreements.” According to the Restatement of Foreign Relations Law of the United States, the President may validly conclude executive agreements that (1) cover matters that are solely within his executive power, or (2) are made pursuant to a treaty, or (3) are made pursuant to a legitimate act of Congress. Examples of important executive agreements include the Potsdam and Yalta agreements of World War II, the General Agreement on Tariffs and Trade, which regulated international trade for decades, and the numerous status-of-forces agreements the United States has concluded with foreign governments.

Where the President acts pursuant to a prior treaty, there seems little tension with the Framers’ vision, as Senate approval has, in effect, been secured in advance. Somewhat more troublesome is the modern practice of so-called congressional–executive agreements, by which some international agreements have been made by the President and approved (either in advance or after the fact) by a simple majority of both houses of Congress, rather than two-thirds of the Senate. Many of these agreements deal particularly with trade-related matters, which Congress has clear constitutional authority to regulate. Congressional–executive agreements, at least with respect to trade matters, are now well established, and recent court challenges have been unsuccessful. Made in the USA Foundation v. United States (2001). On the other hand, arguments for “complete interchangeability”—that is, claims that anything that can be done by treaty can be done by congressional–executive agreement—seem counter to the Framers’ intent. The Framers carefully considered the supermajority rule for treaties and adopted it in response to specific threats to the Union; finding a complete alternative to the Treaty Clause would in effect eliminate the supermajority rule and make important international agreements easier to adopt than the Framers wished.

The third type of executive agreement is one adopted by the President without explicit approval of either the Senate or the Congress as a whole. The Supreme Court and modern practice embrace the idea that the President may under some circumstances make these so-called sole executive agreements. United States v. Belmont (1937); United States v. Pink (1942). But the scope of this independent presidential power remains a serious question. The Pink and Belmont cases involved agreements relating to the recognition of a foreign government, a power closely tied to the President’s textual power to receive ambassadors (Article II, Section 3). The courts have consistently permitted the President to settle foreign claims by sole executive agreement, but at the same time have emphasized that the Congress has acquiesced in the practice. Dames & Moore v. Regan (1981);American Insurance Ass’n v. Garamendi (2003). Beyond this, the modern limits of the President’s ability to act independently in making international agreements have not been explored. With respect to treaty termination, modern practice allows the President to terminate treaties on his own. In recent times, President James Earl Carter terminated the U.S.–Taiwan Mutual Defense Treaty in 1977, and President George W. Bush terminated the ABM Treaty with Russia in 2001. The Senate objected sharply to President Carter’s actions, but the Supreme Court rebuffed the Senate in Goldwater v. Carter (1979). President Bush’s action was criticized in some academic quarters but received general acquiescence. In light of the consensus early in Washington’s administration, it is probably fair to say that presidential termination does not obviously depart from the original understanding, inasmuch as the Framers were much more concerned about checks upon entering into treaties than they were about checks upon terminating them.

http://www.heritage.org/constitution#!/articles/2/essays/90/treaty-clause

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Story 1: Clash of Islamic Sects — War On: Middle East Islamic Sectarian War (Sunni vs. Shia, Arab vs. Persians) — Sunni Coalition of Saudi Arabia, Egypt, United Arab Emirates and Kuwait vs. Islamic Republic of Iran vs. Iranian Proxies (Hezbollah, Palestinian Islamic Jihad, Iraqi Shite Militias, Yemen Houthis) vs. Islamic State vs. Al Quaeda vs Israel and United States of America — Videos

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