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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National Security Agency (NSA) Intercepts FedX and UPS Packages To Install Malware Software — Bugs iPhones and Laptops — TOR Network — Videos

Posted on December 31, 2013. Filed under: American History, Blogroll, Books, Business, College, Communications, Computers, Computers, Constitution, Crime, Economics, Education, Employment, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, government, government spending, history, Language, Law, liberty, Life, Links, media, People, Philosophy, Politics, Press, Programming, Psychology, Rants, Raves, Regulations, Resources, Security, Strategy, Talk Radio, Technology, Terrorism, Unemployment, Video, War, Wealth, Weapons, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , |

NSA Interception: Spy malware installed on laptops bought online

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Spiegel has revealed new details about a secretive hacking unit inside the National Security Agency called the Office of Tailored Access Operations, or TAO. The unit was created in 1997 to hack into global communications traffic. Hackers inside the TAO have developed a way to break into computers running Microsoft Windows by gaining passive access to machines when users report program crashes to Microsoft. In addition, with help from the CIA and FBI, the NSA has the ability to intercept computers and other electronic accessories purchased online in order to secretly insert spyware and components that can provide backdoor access for the intelligence agencies. American Civil Liberties Union Deputy Legal Director Jameel Jaffer and journalist Glenn Greenwald join us to discuss the latest revelations, along with the future of Edward Snowden, who has recently offered to assist U.S. targets Germany and Brazil with their respective probes into NSA spying.

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How The NSA Hacks Your iPhone (Presenting DROPOUT JEEP)

by Tyler Durden

Following up on the latest stunning revelations released yesterday by German Spiegel which exposed the spy agency’s 50 page catalog of “backdoor penetration techniques“, today during a speech given by Jacob Applebaum (@ioerror) at the 30th Chaos Communication Congress, a new bombshell emerged: specifically the complete and detailed description of how the NSA bugs, remotely, your iPhone. The way the NSA accomplishes this is using software known as Dropout Jeep, which it describes as follows: “DROPOUT JEEP is a software implant for the Apple iPhone that utilizes modular mission applications to provide specific SIGINT functionality. This functionality includes the ability to remotely push/pull files from the device. SMS retrieval, contact list retrieval, voicemail, geolocation, hot mic, camera capture, cell tower location, etc. Command, control and data exfiltration can occur over SMS messaging or a GPRS data connection. All communications with the implant will be covert and encrypted.”

The flowchart of how the NSA makes your iPhone its iPhone is presented below:

  • NSA ROC operator
  • Load specified module
  • Send data request
  • iPhone accepts request
  • Retrieves required SIGINT data
  • Encrypt and send exfil data
  • Rinse repeat

And visually:

What is perhaps just as disturbing is the following rhetorical sequence from Applebaum:

“Do you think Apple helped them build that? I don’t know. I hope Apple will clarify that. Here’s the problem: I don’t really believe that Apple didn’t help them, I can’t really prove it but [the NSA] literally claim that anytime they target an iOS device that it will succeed for implantation. Either they have a huge collection of exploits that work against Apple products, meaning that they are hoarding information about critical systems that American companies produce and sabotaging them, or Apple sabotaged it themselves. Not sure which one it is. I’d like to believe that since Apple didn’t join the PRISM program until after Steve Jobs died, that maybe it’s just that they write shitty software. We know that’s true.”

Or, Apple’s software is hardly “shitty” even if it seems like that to the vast majority of experts (kinda like the Fed’s various programs), and in fact it achieves precisely what it is meant to achieve.

Either way, now everyone knows that their iPhone is nothing but a gateway for the NSA to peruse everyone’s “private” data at will. Which, incidentally, is not news, and was revealed when we showed how the “NSA Mocks Apple’s “Zombie” Customers; Asks “Your Target Is Using A BlackBerry? Now What?

How ironic would it be if Blackberry, left for dead by virtually everyone, began marketing its products as the only smartphone that does not allow the NSA access to one’s data (and did so accordingly). Since pretty much everything else it has tried has failed, we don’t see the downside to this hail mary attempt to strike back at Big Brother and maybe make some money, by doing the right thing for once.

We urge readers to watch the full one hour speech by Jacob Applebaum to realize just how massive Big Brother truly is, but those who want to just listen to the section on Apple can do so beginning 44 minutes 30 seconds in the presentation below.

http://www.zerohedge.com/news/2013-12-30/how-nsa-hacks-your-iphone-presenting-dropout-jeep

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NSA Diverts, Collects, Stores, Searches, Queries, Intercepts, Monitors, Reads, Listens, Analyzes, Reports, Targets and Spies On All The World’s 7 Billion People Plus Information Including 314 Million American Citizens –Massive Invasion of American People’s Privacy and Violation of 4th Amendment Right To Privacy Under U.S. Constitution — Violation of Law and Betrayal of Oaths of Office — The Tyranny of the Secret Security Surveillance State (S4) — Videos

Posted on August 17, 2013. Filed under: American History, Banking, Blogroll, College, Communications, Constitution, Data Storage, Demographics, Economics, Education, Employment, European History, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, government, government spending, history, Language, Law, liberty, Life, Links, Literacy, Macroeconomics, media, Microeconomics, Monetary Policy, Money, People, Philosophy, Politics, Press, Programming, Psychology, Rants, Raves, Regulations, Security, Strategy, Tax Policy, Taxes, Technology, Video | Tags: , , , , , , , , , , , , , , , , , , , , |

NSA

NSA Data Center, Bluffdale, Utah

NSA_Data_center_bluffdale_utha

NSA_breaches

NSA broke privacy rules thousands of times per year, audit finds

By Barton Gellman,        

The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.

Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.

The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.

In one instance, the NSA decided that it need not report the unintended surveillance of Americans. A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused the U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.

In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.

[FISA judge: Ability to police U.S. spying program is limited]

The Obama administration has provided almost no public information about the NSA’s compliance record. In June, after promising to explain the NSA’s record in “as transparent a way as we possibly can,” Deputy Attorney General James Cole described extensive safeguards and oversight that keep the agency in check. “Every now and then, there may be a mistake,” Cole said in congressional testimony.

The NSA audit obtained by The Post, dated May 2012, counted 2,776 incidents in the preceding 12 months of unauthorized collection, storage, access to or distribution of legally protected communications. Most were unintended. Many involved failures of due diligence or violations of standard operating procedure. The most serious incidents included a violation of a court order and unauthorized use of data about more than 3,000 Americans and green-card holders.

In a statement in response to questions for this article, the NSA said it attempts to identify problems “at the earliest possible moment, implement mitigation measures wherever possible, and drive the numbers down.” The government was made aware of The Post’s intention to publish the documents that accompany this article online.

“We’re a human-run agency operating in a complex environment with a number of different regulatory regimes, so at times we find ourselves on the wrong side of the line,” a senior NSA official said in an interview, speaking with White House permission on the condition of anonymity.

http://www.washingtonpost.com/world/national-security/nsa-broke-privacy-rules-thousands-of-times-per-year-audit-finds/2013/08/15/3310e554-05ca-11e3-a07f-49ddc7417125_story.html

NSA report on privacy violations in the first quarter of 2012

This is the full executive summary, with names redacted by The Post, of a classified internal report on breaches of NSA privacy rules and legal restrictions.

The report covers the period from January through March 2012 and includes comparative data for the full preceding year. Its author is director of oversight and compliance for the NSA’s Signals Intelligence Directorate, but the scope of the report is narrower. Incidents are counted only if they took place within “NSA-Washington,” a term encompassing the Ft. Meade headquarters and nearby facilities. The NSA declined to provide comparable figures for its operations as a whole. A senior intelligence official said only that if all offices and directorates were included, the number of violations would “not double.”

http://apps.washingtonpost.com/g/page/national/nsa-report-on-privacy-violations-in-the-first-quarter-of-2012/395/

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Ron Paul / Glenn Greenwald Interview

Snowden Leak Reveals NSA Broke Its Own Rules THOUSANDS OF TIMES

Internal NSA Audit  Privacy Rules Broken Thousands of Times

NSA audit confirms abuse despite Obama’s claim

Report: NSA Spying Broke Privacy Rules Many Times – Edwards Snowden Documents Reveal

Edward Snowden NSA Reform Analysis

EVERYTHING You Do Online Is Recorded In XKeyscore The Young Turks with Cenk Uygur

XKeyscore  A New Level of Invasive NSA Data Spying

‘Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?’

Glenn Greenwald   There Are Extremely Invasive Spying Programs the Public Still Does Not Know About

What you’re not being told about Booz Allen Hamilton and Edward Snowden

Justin Amash  No Precedent In History For NSA Spying

Can American’s Change the Agenda of Extreme Spying?

FOX NEWS: NSA Tracking Of American People

“NSA Spying Now Protected From Any Challenges Under The Fourth Amendment”

Rand Paul on NSA Spying   ‘An Utter, Frank Hypocrisy’   But will he do anything about it

Background Articles and Videos

NSA Whistle-blower Reveals “Stellar Wind” Spying on You – code named The Program

NSA Whistleblower: ‘Everyone In U.S. Under Virtual Surveillance’

NSA Collects ‘Word for Word’ Every Domestic Communication

NSA Whistleblowers:  “All U.S.Citizens” Targeted By Surveillance Program, Not Just Verizon Customers

“Obama Is BIG BROTHER And He’s A LIAR!”

NSA Spying is Far Worse Than You Thought

UNBELIEVABE  NSA, FBI Secretly Mines Data from Major Internet Companies Google, Yahoo

NSA Spying on All Americans Part 1

NSA spying on All Americans Part 2

James Bamford: Inside the NSA’s Largest  Secret Domestic Spy Center

NSA Whistleblower Speaks Live: “The Government Is Lying To You” Part 2

NSA Whistleblower Speaks Live: “The Government Is Lying To You” Part 3

NSA Whistleblower Speaks Live: “The Government Is Lying To You” Part 4

NSA whistleblower William Binney Keynote at HOPE Number Nine

NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013

The Reality

Enemies of the State [29C3]

The Movie

ENEMY OF THE STATE… (1998) MUST WATCH..TAKE SERIOUSLY..

NSA and the One Trillion Dollar scam [Empire]

Nova: The Spy Factory Full Video

Inside NSA – The National Security Agency – Documentary

Inside The NSA~Americas Cyber Secrets

Why Shouldn’t I Work for the NSA?  (Good Will Hunting)

The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)

The spring air in the small, sand-dusted town has a soft haze to it, and clumps of green-gray sagebrush rustle in the breeze. Bluffdale sits in a bowl-shaped valley in the shadow of Utah’s Wasatch Range to the east and the Oquirrh Mountains to the west. It’s the heart of Mormon country, where religious pioneers first arrived more than 160 years ago. They came to escape the rest of the world, to understand the mysterious words sent down from their god as revealed on buried golden plates, and to practice what has become known as “the principle,” marriage to multiple wives.

Today Bluffdale is home to one of the nation’s largest sects of polygamists, the Apostolic United Brethren, with upwards of 9,000 members. The brethren’s complex includes a chapel, a school, a sports field, and an archive. Membership has doubled since 1978—and the number of plural marriages has tripled—so the sect has recently been looking for ways to purchase more land and expand throughout the town.

But new pioneers have quietly begun moving into the area, secretive outsiders who say little and keep to themselves. Like the pious polygamists, they are focused on deciphering cryptic messages that only they have the power to understand. Just off Beef Hollow Road, less than a mile from brethren headquarters, thousands of hard-hatted construction workers in sweat-soaked T-shirts are laying the groundwork for the newcomers’ own temple and archive, a massive complex so large that it necessitated expanding the town’s boundaries. Once built, it will be more than five times the size of the US Capitol.

Rather than Bibles, prophets, and worshippers, this temple will be filled with servers, computer intelligence experts, and armed guards. And instead of listening for words flowing down from heaven, these newcomers will be secretly capturing, storing, and analyzing vast quantities of words and images hurtling through the world’s telecommunications networks. In the little town of Bluffdale, Big Love and Big Brother have become uneasy neighbors.

The NSA has become the largest, most covert, and potentially most intrusive intelligence agency ever.

Under construction by contractors with top-secret clearances, the blandly named Utah Data Center is being built for the National Security Agency. A project of immense secrecy, it is the final piece in a complex puzzle assembled over the past decade. Its purpose: to intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks. The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.” It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.

But “this is more than just a data center,” says one senior intelligence official who until recently was involved with the program. The mammoth Bluffdale center will have another important and far more secret role that until now has gone unrevealed. It is also critical, he says, for breaking codes. And code-breaking is crucial, because much of the data that the center will handle—financial information, stock transactions, business deals, foreign military and diplomatic secrets, legal documents, confidential personal communications—will be heavily encrypted. According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.”

For the NSA, overflowing with tens of billions of dollars in post-9/11 budget awards, the cryptanalysis breakthrough came at a time of explosive growth, in size as well as in power. Established as an arm of the Department of Defense following Pearl Harbor, with the primary purpose of preventing another surprise assault, the NSA suffered a series of humiliations in the post-Cold War years. Caught offguard by an escalating series of terrorist attacks—the first World Trade Center bombing, the blowing up of US embassies in East Africa, the attack on the USS Cole in Yemen, and finally the devastation of 9/11—some began questioning the agency’s very reason for being. In response, the NSA has quietly been reborn. And while there is little indication that its actual effectiveness has improved—after all, despite numerous pieces of evidence and intelligence-gathering opportunities, it missed the near-disastrous attempted attacks by the underwear bomber on a flight to Detroit in 2009 and by the car bomber in Times Square in 2010—there is no doubt that it has transformed itself into the largest, most covert, and potentially most intrusive intelligence agency ever created.

In the process—and for the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret. To those on the inside, the old adage that NSA stands for Never Say Anything applies more than ever.

Utah_data_center

A swath of freezing fog blanketed Salt Lake City on the morning of January 6, 2011, mixing with a weeklong coating of heavy gray smog. Red air alerts, warning people to stay indoors unless absolutely necessary, had become almost daily occurrences, and the temperature was in the bone-chilling twenties. “What I smell and taste is like coal smoke,” complained one local blogger that day. At the city’s international airport, many inbound flights were delayed or diverted while outbound regional jets were grounded. But among those making it through the icy mist was a figure whose gray suit and tie made him almost disappear into the background. He was tall and thin, with the physique of an aging basketball player and dark caterpillar eyebrows beneath a shock of matching hair. Accompanied by a retinue of bodyguards, the man was NSA deputy director Chris Inglis, the agency’s highest-ranking civilian and the person who ran its worldwide day-to-day operations.

A short time later, Inglis arrived in Bluffdale at the site of the future data center, a flat, unpaved runway on a little-used part of Camp Williams, a National Guard training site. There, in a white tent set up for the occasion, Inglis joined Harvey Davis, the agency’s associate director for installations and logistics, and Utah senator Orrin Hatch, along with a few generals and politicians in a surreal ceremony. Standing in an odd wooden sandbox and holding gold-painted shovels, they made awkward jabs at the sand and thus officially broke ground on what the local media had simply dubbed “the spy center.” Hoping for some details on what was about to be built, reporters turned to one of the invited guests, Lane Beattie of the Salt Lake Chamber of Commerce. Did he have any idea of the purpose behind the new facility in his backyard? “Absolutely not,” he said with a self-conscious half laugh. “Nor do I want them spying on me.”

For his part, Inglis simply engaged in a bit of double-talk, emphasizing the least threatening aspect of the center: “It’s a state-of-the-art facility designed to support the intelligence community in its mission to, in turn, enable and protect the nation’s cybersecurity.” While cybersecurity will certainly be among the areas focused on in Bluffdale, what is collected, how it’s collected, and what is done with the material are far more important issues. Battling hackers makes for a nice cover—it’s easy to explain, and who could be against it? Then the reporters turned to Hatch, who proudly described the center as “a great tribute to Utah,” then added, “I can’t tell you a lot about what they’re going to be doing, because it’s highly classified.”

And then there was this anomaly: Although this was supposedly the official ground-breaking for the nation’s largest and most expensive cybersecurity project, no one from the Department of Homeland Security, the agency responsible for protecting civilian networks from cyberattack, spoke from the lectern. In fact, the official who’d originally introduced the data center, at a press conference in Salt Lake City in October 2009, had nothing to do with cybersecurity. It was Glenn A. Gaffney, deputy director of national intelligence for collection, a man who had spent almost his entire career at the CIA. As head of collection for the intelligence community, he managed the country’s human and electronic spies.

Within days, the tent and sandbox and gold shovels would be gone and Inglis and the generals would be replaced by some 10,000 construction workers. “We’ve been asked not to talk about the project,” Rob Moore, president of Big-D Construction, one of the three major contractors working on the project, told a local reporter. The plans for the center show an extensive security system: an elaborate $10 million antiterrorism protection program, including a fence designed to stop a 15,000-pound vehicle traveling 50 miles per hour, closed-circuit cameras, a biometric identification system, a vehicle inspection facility, and a visitor-control center.

Inside, the facility will consist of four 25,000-square-foot halls filled with servers, complete with raised floor space for cables and storage. In addition, there will be more than 900,000 square feet for technical support and administration. The entire site will be self-sustaining, with fuel tanks large enough to power the backup generators for three days in an emergency, water storage with the capability of pumping 1.7 million gallons of liquid per day, as well as a sewage system and massive air-conditioning system to keep all those servers cool. Electricity will come from the center’s own substation built by Rocky Mountain Power to satisfy the 65-megawatt power demand. Such a mammoth amount of energy comes with a mammoth price tag—about $40 million a year, according to one estimate.

Given the facility’s scale and the fact that a terabyte of data can now be stored on a flash drive the size of a man’s pinky, the potential amount of information that could be housed in Bluffdale is truly staggering. But so is the exponential growth in the amount of intelligence data being produced every day by the eavesdropping sensors of the NSA and other intelligence agencies. As a result of this “expanding array of theater airborne and other sensor networks,” as a 2007 Department of Defense report puts it, the Pentagon is attempting to expand its worldwide communications network, known as the Global Information Grid, to handle yottabytes (1024 bytes) of data. (A yottabyte is a septillion bytes—so large that no one has yet coined a term for the next higher magnitude.)

It needs that capacity because, according to a recent report by Cisco, global Internet traffic will quadruple from 2010 to 2015, reaching 966 exabytes per year. (A million exabytes equal a yottabyte.) In terms of scale, Eric Schmidt, Google’s former CEO, once estimated that the total of all human knowledge created from the dawn of man to 2003 totaled 5 exabytes. And the data flow shows no sign of slowing. In 2011 more than 2 billion of the world’s 6.9 billion people were connected to the Internet. By 2015, market research firm IDC estimates, there will be 2.7 billion users. Thus, the NSA’s need for a 1-million-square-foot data storehouse. Should the agency ever fill the Utah center with a yottabyte of information, it would be equal to about 500 quintillion (500,000,000,000,000,000,000) pages of text.

The data stored in Bluffdale will naturally go far beyond the world’s billions of public web pages. The NSA is more interested in the so-called invisible web, also known as the deep web or deepnet—data beyond the reach of the public. This includes password-protected data, US and foreign government communications, and noncommercial file-sharing between trusted peers. “The deep web contains government reports, databases, and other sources of information of high value to DOD and the intelligence community,” according to a 2010 Defense Science Board report. “Alternative tools are needed to find and index data in the deep web … Stealing the classified secrets of a potential adversary is where the [intelligence] community is most comfortable.” With its new Utah Data Center, the NSA will at last have the technical capability to store, and rummage through, all those stolen secrets. The question, of course, is how the agency defines who is, and who is not, “a potential adversary.”

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Before yottabytes of data from the deep web and elsewhere can begin piling up inside the servers of the NSA’s new center, they must be collected. To better accomplish that, the agency has undergone the largest building boom in its history, including installing secret electronic monitoring rooms in major US telecom facilities. Controlled by the NSA, these highly secured spaces are where the agency taps into the US communications networks, a practice that came to light during the Bush years but was never acknowledged by the agency. The broad outlines of the so-called warrantless-wiretapping program have long been exposed—how the NSA secretly and illegally bypassed the Foreign Intelligence Surveillance Court, which was supposed to oversee and authorize highly targeted domestic eavesdropping; how the program allowed wholesale monitoring of millions of American phone calls and email. In the wake of the program’s exposure, Congress passed the FISA Amendments Act of 2008, which largely made the practices legal. Telecoms that had agreed to participate in the illegal activity were granted immunity from prosecution and lawsuits. What wasn’t revealed until now, however, was the enormity of this ongoing domestic spying program.

For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail. William Binney was a senior NSA crypto-mathematician largely responsible for automating the agency’s worldwide eavesdropping network. A tall man with strands of black hair across the front of his scalp and dark, determined eyes behind thick-rimmed glasses, the 68-year-old spent nearly four decades breaking codes and finding new ways to channel billions of private phone calls and email messages from around the world into the NSA’s bulging databases. As chief and one of the two cofounders of the agency’s Signals Intelligence Automation Research Center, Binney and his team designed much of the infrastructure that’s still likely used to intercept international and foreign communications.

He explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US. The network of intercept stations goes far beyond the single room in an AT&T building in San Francisco exposed by a whistle-blower in 2006. “I think there’s 10 to 20 of them,” Binney says. “That’s not just San Francisco; they have them in the middle of the country and also on the East Coast.”

The eavesdropping on Americans doesn’t stop at the telecom switches. To capture satellite communications in and out of the US, the agency also monitors AT&T’s powerful earth stations, satellite receivers in locations that include Roaring Creek and Salt Creek. Tucked away on a back road in rural Catawissa, Pennsylvania, Roaring Creek’s three 105-foot dishes handle much of the country’s communications to and from Europe and the Middle East. And on an isolated stretch of land in remote Arbuckle, California, three similar dishes at the company’s Salt Creek station service the Pacific Rim and Asia.

The former NSA official held his thumb and forefinger close together: “We are that far from a turnkey totalitarian state.”

Binney left the NSA in late 2001, shortly after the agency launched its warrantless-wiretapping program. “They violated the Constitution setting it up,” he says bluntly. “But they didn’t care. They were going to do it anyway, and they were going to crucify anyone who stood in the way. When they started violating the Constitution, I couldn’t stay.” Binney says Stellar Wind was far larger than has been publicly disclosed and included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts. The haul only grew from there. According to Binney—who has maintained close contact with agency employees until a few years ago—the taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct “deep packet inspection,” examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.

The software, created by a company called Narus that’s now part of Boeing, is controlled remotely from NSA headquarters at Fort Meade in Maryland and searches US sources for target addresses, locations, countries, and phone numbers, as well as watch-listed names, keywords, and phrases in email. Any communication that arouses suspicion, especially those to or from the million or so people on agency watch lists, are automatically copied or recorded and then transmitted to the NSA.

The scope of surveillance expands from there, Binney says. Once a name is entered into the Narus database, all phone calls and other communications to and from that person are automatically routed to the NSA’s recorders. “Anybody you want, route to a recorder,” Binney says. “If your number’s in there? Routed and gets recorded.” He adds, “The Narus device allows you to take it all.” And when Bluffdale is completed, whatever is collected will be routed there for storage and analysis.

According to Binney, one of the deepest secrets of the Stellar Wind program—again, never confirmed until now—was that the NSA gained warrantless access to AT&T’s vast trove of domestic and international billing records, detailed information about who called whom in the US and around the world. As of 2007, AT&T had more than 2.8 trillion records housed in a database at its Florham Park, New Jersey, complex.

Verizon was also part of the program, Binney says, and that greatly expanded the volume of calls subject to the agency’s domestic eavesdropping. “That multiplies the call rate by at least a factor of five,” he says. “So you’re over a billion and a half calls a day.” (Spokespeople for Verizon and AT&T said their companies would not comment on matters of national security.)

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NSA’s PRISM Political Payoff: 40 Million Plus Foreigners Are In USA As Illegal Aliens! — 75% Plus Lean Towards Democratic Party — Pathway To One Party Rule By 2025 If Senate Bill Becomes Law Giving Illegal Aliens Legal Status — 25 Million American Citizens Looking For Full Time Jobs! — Videos

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“This amnesty will give citizenship to only 1.1 to 1.3 million illegal aliens. We will secure the borders henceforth. We will never again bring forward another amnesty bill like this.”

~Senator Edward “Ted” Kennedy, D-Mass, regarding an amnesty bill passed in 1986

Immigration by the Numbers — Off the Charts

Immigration, World Poverty and Gumballs – Updated 2010

1984 – Ronald Reagan on Amnesty 

In this brief video-clip from the 1984 presidential debates Ronald Reagan discusses immigration, amnesty and the failure of the first attempt to pass the Simpson-Mazzoli Immigration Reform and Control Act. [When the act finally passed (1986) did we get reform? Did we get control?]

The Immigration Reform and Control Act of 1986

Illegal Alien

A foreigner who has either entered a country illegally (e.g. without inspection or proper documents) or who has violated the terms of legal admission to the country (e.g. by overstaying the duration of a tourist or student visa).

8 USC § 1101 – Definitions

(3) The term “alien” means any person not a citizen or national of the United States.

How Many Illegal Aliens Are in the US?  – Walsh – 1 

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS – part 1.

How Many Illegal Aliens Are in the US?  – Walsh – 2

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS – part 2.

Census Bureau estimates of the number of illegals in the U.S. are suspect and may represent significant undercounts.  The studies presented by these authors show that the numbers of illegal aliens in the U.S. could range from 20 to 38 million.

US immigration system moves towards reform

Sen. Ted Cruz Speaks on the Senate Floor in Opposition to the Gang of Eight’s Immigration Bill

Glenn Beck to Release Name of 70 House Republicans for Showdown w John Boehner on Amnesty Bill

Glenn Beck: Interview with House Republicans Planning Revolt On Immigration Bill

Glenn Beck Program Immigration and Equal Opportunity 06132013

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U.S. and World Population Clock

http://www.census.gov/popclock/

316 Million and Counting

Less 40 Million Plus Foreigners (Illegal Aliens) and Rapidly Growing

U.S. Debt Clock

http://www.usdebtclock.org/

US Senate Votes to Consider Citizenship for Illegal Immigrants

News Wrap: Senate Votes to Begin Immigration Reform Debate

Border Insecurity Citizens Track Surge Of Illegal Immigration! – Wake Up America!!

Chris Pyle, Whistleblower on CIA Domestic Spying in 70s, Says Be Wary of Attacks on NSA’s Critics

NSA Chief Grilled at Senate Hearing on Surveillance Programs

He told you so: Bill Binney talks NSA leaks

“In the wake of multiple leaks regarding the data mining programs PRISM and Boundless Informant, whistleblowers are coming out in droves to talk about the unprecedented government surveillance on the American public. RT Correspondent Meghan Lopez had a chance to sit down with NSA whistleblower William Binney to talk about the latest developments coming out of the NSA case. Binney is a 32 year veteran of the NSA, where he helped design a top secret program he says helps collect data on foreign enemies. He is regarded as one of the best mathematicians and code breakers in NSA history. He became an NSA whistleblower in 2002 when he realized the program he helped create to spy no foreign enemies was being used on Americans.”

A Massive Surveillance State   Glenn Greenwald Exposes Covert NSA Program Collecting Calls, Emails

What You Should Know About The New NSA Utah Data Center

Glenn Greenwald Vs Bush Press Sec. Ari Fleischer Over NSA’s PRISM

NSA Whistleblowers: “All U.S.Citizens” Targeted By Surveillance Program, Not Just Verizon Customers

Experts Say NSA Leak Damage Could be Significant

“SPY AND DENY” IS THE NEW NORMAL IN USA!

Era of Online Sharing Offers ‘Big Data,’ Privacy Trade-Offs

Rep King Drops Bombshell; Sen Lee To Talk Claim Chief Justice Roberts Blackmailed

How PRISM Easily Gives Your Private Data Over to Big Brother

“The National Security Agency has obtained direct access to the systems of Google, Facebook, Apple and other US internet giants, according to a top secret document obtained by the Guardian.

The NSA access is part of a previously undisclosed program called Prism, which allows officials to collect material including search history, the content of emails, file transfers and live chats, the document says.”*

We’ve been assured by the president that the NSA’s PRISM program won’t affect “ordinary” U.S. citizens, but what is the criteria for deciding who gets their data mined and monitored? Cenk Uygur, Ben Mankiewicz, and John Iadarola (Host, TYT University) discuss the egregious reach of the Obama administration’s secret mass surveillance program.

NSA whistleblower Edward Snowden: ‘I don’t want to live in a society that does these sort of things’

Microtargeting

RNC/DNC Collecting Your Info En Masse

ILLEGAL IMMIGRATION IS DESTROYING AMERICA

The Dangers of Unlimited Legal & Illegal Immigration

Immigration by the Numbers — Off the Charts

Immigration, World Poverty and Gumballs – Updated 2010

THEY COME TO AMERICA II. The Cost of Amnesty

They Come to America (Trailer 2)

2012: They Come to America. The Cost of Illegal Immigration.

Schumer Refuses To Estimate Future Immigration Flow Under Gang Of Eight Proposal

Obama To Stop Deporting Young Illegal Immigrants

“The Obama administration will stop deporting young illegal immigrants who came to the U.S. as children and who do not pose a security threat, senior administration officials said this morning, a move that could prove important in a presidential campaign that will turn in part on who wins over Latino voters.
Effective immediately, young immigrants who arrived in the U.S. illegally before they turned 16 will be allowed to apply for work permits as long as they have no criminal history and meet other criteria, officials said.

Reality Check: President Obama’s Immigration Reform Rings Hollow

(Part I) A Day in the Life of an Arizona Rancher: Fences, Illegal Aliens, and One Man’s Watchtower

(Part II) A Day in the Life of an Arizona Rancher: Fences, Illegal Aliens, and One Man’s Watchtower

Background Articles and Videos

Ap’s “Illegal Immigrant” Stand – Leno: Illegal Immigrants That is Out, Now “Undocumented Democrats”

Illegal immigration to the United States – Wiki Article

Illegal immigration to the United States is the act of foreign nationals entering the United States, without government permission and in violation of United States nationality law, or staying beyond the termination date of a visa, also in violation of the law.

The illegal immigrant population of the United States in 2008 was estimated by the Center for Immigration Studies to be about 11 million people, down from 12.5 million people in 2007. Other estimates range from 7 to 20 million. According to a Pew Hispanic Center report, in 2005, 56% of illegal immigrants were from Mexico; 22% were from other Latin American countries, primarily from Central America; 13% were from Asia; 6% were from Europe and Canada; and 3% were from Africa and the rest of the world.

Profile and demographics

Illegal immigrants continue to outpace the number of legal immigrants —a trend that’s held steady since the 1990s. While the majority of illegal immigrants continue to concentrate in places with existing large Hispanic communities, increasingly illegals are settling throughout the rest of the country.

An estimated 14 million people live in families in which the head of household or the spouse is in the United States illegaly . The number of illegal immigrants arriving in recent years tend to be better educated than those who have been in the country a decade or more. A quarter of all immigrants who have arrived in recent years have at least some college education. Nonetheless, illegal immigrants as a group tend to be less educated than other sections of the U.S. population: 49 percent haven’t completed high school, compared with 9 percent of native-born Americans and 25 percent of legal immigrants.

Illegal immigrants work in many sectors of the U.S. economy. According to National Public Radio in 2005, about 3 percent work in agriculture; 33 percent have jobs in service industries; and substantial numbers can be found in construction and related occupations (16 percent), and in production, installation, and repair (17 percent). According to USA Today in 2006, about 4 percent work in farming; 21 percent have jobs in service industries; and substantial numbers can be found in construction and related occupations (19 percent), and in production, installation, and repair (15 percent), with 12% in sales, 10% in management, and 8% in transportation. Illegal immigrants have lower incomes than both legal immigrants and native-born Americans, but earnings do increase somewhat the longer an individual is in the country.

A percentage of illegal immigrants do not remain indefinitely but do return to their country of origin; they are often referred to as “sojourners: they come to the United States for several years but eventually return to their home country.”

Breakdown by state

As of 2006, the following data table shows a spread of distribution of locations where illegal immigrants reside by state.

Number of illegal immigrants

According to the Government Accountability Office (GAO), different estimates of the total number of illegal immigrants vary depending on how the term is defined. There are also questions about data reliability.

The GAO has stated that “it seems clear that the population of undocumented foreign-born persons is large and has increased rapidly.” On April 26, 2006 the Pew Hispanic Center (PHC) estimated that in March 2005 the number of illegal immigrants in the U.S. ranged from 11.5 to 12 million individuals. This number was derived by a statistical method known as the “residual method.” According to the General Accounting office the residual estimation (1) starts with a census count or survey estimate of the number of foreign-born residents who have not become U.S. citizens and (2) subtracts out estimated numbers of legally present individuals in various categories, based on administrative data and assumptions (because censuses and surveys do not ask about legal status). The remainder, or residual, represents an indirect estimate of

Senate Dismisses Any Pretense of Enforcement in the Gang of Eight Immigration Bill

Rubio Reneges on Promise to Fix Flaws in the Bill

(Washington, D.C. June 13, 2013) In the first important vote on amendments to the Gang of Eight immigration bill, S.744, the United States Senate quickly dismissed any pretense that they intend to deliver on promises of future immigration enforcement, declared the Federation for American Immigration Reform (FAIR). By a 57-43 vote, the Senate tabled an amendment by Sen. Chuck Grassley (R-Iowa) that would have required that the Department of Homeland Security (DHS) demonstrate effective control of U.S. borders for six months before illegal aliens could gain amnesty.

“Today’s vote makes it clear that a majority of senators place a higher priority on granting amnesty to illegal aliens than they do on fulfilling their promises to the American people that our borders will be secured and that our immigration laws will be enforced,” said Dan Stein, president of FAIR. “Tellingly, Gang of Eight member Marco Rubio (R-Fla.), who has repeatedly vowed to oppose the bill if border enforcement provisions are not strengthened, was among the majority of senators who voted to kill the Grassley amendment.”

Majority Leader Harry Reid (D-Nev.) described the amendment as a “poison pill” and used a parliamentary procedure to shut off debate on it. “In the Alice in Wonderland world of the United States Senate, securing our borders and fulfilling promises to the American people, before rewarding illegal aliens, is considered a ‘poison pill,'” observed Stein.

“The vote also undermines whatever credibility Sen. Rubio had left as an honest broker on behalf of the interests of the American people. The fix is in and Rubio is off the fence. The Gang of Eight and the Senate leadership will employ any tactic to prevent amendments that might upset special interest constituencies from supporting the bill,” Stein continued.

“Under this bill there will be no border security. There will be no immigration enforcement. The Gang of Eight bill is about delivering amnesty to illegal aliens and cheap labor to business interests, and nothing else,” Stein concluded.

http://www.fairus.org/news/senate-dismisses-any-pretense-of-enforcement-in-the-gang-of-eight-immigration-bill

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No Such Agency — NSA — National Security Agency — Threat To The Liberty and Privacy of The American People — None Of Their Damn Business — Still Trust The Federal Government? — Videos

Big Brother Barack Targets All The American People As Enemies of The State and Democratic Party — National Security Agency’s PRISM Is The Secret Security Surveillance State (S4) Means of Invading Privacy and Limiting Liberty — Outrageous Overreach — Videos

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U.S. Hacking China and Hong Kong — Videos

Posted on June 12, 2013. Filed under: American History, Business, College, Communications, Computers, Constitution, Economics, Education, Federal Government, Foreign Policy, government spending, history, Immigration, Inflation, Language, Law, liberty, Life, Links, media, People, Philosophy, Politics, Psychology, Rants, Raves, Strategy, Talk Radio, Video, Wisdom | Tags: , , , , , , , , , , |

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Protesters supporting Snowden march to the U.S. Consulate in Hong Kong

 Interview of Snowden in South China Morning Post and webpage supporting Snowden are displayed on a computer screen in Hong Kong

China says US surveillance has ‘stained’ Washington’s image

Snowden still in hiding after new claims US ‘hacked’ China

Edward Snowden Claims US Hacked China Targets

Snowden: ‘U.S. Hacked China Computers For Years’

Edward Snowden Tells South China Morning Post: U.S. Has Been Hacking Hong Kong And China Since 2009

Glenn Greenwald “The Grounds On Which He Called For My Prosecution Was An Outright Fabrication”

John Bolton on NSA Leaker Edward Snowden: “I’m Not at All Sure He’s Acting Alone Here”

Edward Snowden: US government has been hacking Hong Kong and China for years

Former CIA operative makes more explosive claims and says Washington is ‘bullying’ Hong Kong to extradite him

US whistle-blower Edward Snowden yesterday emerged from hiding in Hong Kong and revealed to the South China Morning Post that he will stay in the city to fight likely attempts by his government to have him extradited for leaking state secrets.

In an exclusive interview carried out from a secret location in the city, the former Central Intelligence Agency analyst also made explosive claims that the US government had been hacking into computers in Hong Kong and on the mainland for years.

At Snowden’s request we cannot divulge details about how the interview was conducted.

A week since revelations that the US has been secretly collecting phone and online data of its citizens, he said he will stay in the city “until I am asked to leave”, adding: “I have had many opportunities to flee HK, but I would rather stay and fight the US government in the courts, because I have faith in HK’s rule of law.”

In a frank hour-long interview, the 29-year-old, who US authorities have confirmed is now the subject of a criminal case, said he was neither a hero nor a traitor and that:

  • US National Security Agency’s controversial Prism programme extends to people and institutions in Hong Kong and mainland China;
  • The US is exerting “bullying’’ diplomatic pressure on Hong Kong to extradite him;
  • Hong Kong’s rule of law will protect him from the US;
  • He is in constant fear for his own safety and that of his family.

Snowden has been in Hong Kong since May 20 when he fled his home in Hawaii to take refuge here, a move which has been questioned by many who believe the city cannot protect him.

“People who think I made a mistake in picking HK as a location misunderstand my intentions. I am not here to hide from justice, I am here to reveal criminality,” he said.

Snowden said that according to unverified documents seen by the Post, the NSA had been hacking computers in Hong Kong and on the mainland since 2009. None of the documents revealed any information about Chinese military systems, he said.

I’m neither traitor nor hero. I’m an American

One of the targets in the SAR, according to Snowden, was Chinese University and public officials, businesses and students in the city. The documents also point to hacking activity by the NSA against mainland targets.

Snowden believed there had been more than 61,000 NSA hacking operations globally, with hundreds of targets in Hong Kong and on the mainland.

“We hack network backbones – like huge internet routers, basically – that give us access to the communications of hundreds of thousands of computers without having to hack every single one,” he said.

“Last week the American government happily operated in the shadows with no respect for the consent of the governed, but no longer. Every level of society is demanding accountability and oversight.”

Snowden said he was releasing the information to demonstrate “the hypocrisy of the US government when it claims that it does not target civilian infrastructure, unlike its adversaries”.

“Not only does it do so, but it is so afraid of this being known that it is willing to use any means, such as diplomatic intimidation, to prevent this information from becoming public.”

Since the shocking revelations a week ago, Snowden has been vilified as a defector but also hailed by supporters such as WikiLeaks’ Julian Assange.

“I’m neither traitor nor hero. I’m an American,” he said, adding that he was proud to be an American. “I believe in freedom of expression. I acted in good faith but it is only right that the public form its own opinion.”

Snowden said he had not contacted his family and feared for their safety as well as his own.

“I will never feel safe.

“Things are very difficult for me in all terms, but speaking truth to power is never without risk,” he said. “It has been difficult, but I have been glad to see the global public speak out against these sorts of systemic violations of privacy.

“All I can do is rely on my training and hope that world governments will refuse to be bullied by the United States into persecuting people seeking political refuge.”

Asked if he had been offered asylum by the Russian government, he said: “My only comment is that I am glad there are governments that refuse to be intimidated by great power”.

The interview comes on the same day NSA chief General Keith Alexander appeared before Congress to defend his agency over the leaks. It was his first appearance since the explosive revelations were made last week. Alexander’s prepared remarks did not specifically address revelations about the Prism program.

Snowden’s revelations threaten to test new attempts to build US-Sino bridges after a weekend summit in California between the nations’ presidents, Barack Obama and Xi Jinping.

If true, Snowden’s allegations lend credence to China’s longstanding position that it is as much a victim of hacking as a perpetrator, after Obama pressed Xi to rein in cyber-espionage by the Chinese military.

Tens of thousands of Snowden’s supporters have signed a petition calling for his pardon in the United States while many have donated money to a fund to help him.

“I’m very grateful for the support of the public,” he said. “But I ask that they act in their interest – save their money for letters to the government that breaks the law and claims it noble.

“The reality is that I have acted at great personal risk to help the public of the world, regardless of whether that public is American, European, or Asian.”

The US consulate in Hong Kong could not be contacted yesterday on a public holiday.

http://www.scmp.com/news/hong-kong/article/1259508/edward-snowden-us-government-has-been-hacking-hong-kong-and-china

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