National Security Agency Is Still Massively Collecting All Your Communications — The USA Freedom Act Is At Best A Baby Step Towards Restoring Your Fourth Amendment Constitutional Rights — Fire Your Representatives For Betraying Their Oath Of Office — NSA Turnkey Tyranny Totalitarian Targeting of American People — Videos

Posted on June 12, 2015. Filed under: American History, Articles, Blogroll, Books, British History, Business, College, Communications, Computers, Computers, Constitution, Corruption, Data Storage, Defense Intelligence Agency (DIA), Documentary, Economics, Education, European History, External Hard Drives, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Freedom, government, government spending, history, Illegal, Immigration, Investments, Islam, Law, Legal, liberty, Life, Links, media, Middle East, Money, National Security Agency (NSA), National Security Agency (NSA_, Non-Fiction, People, Philosophy, Photos, Police, Politics, Press, Psychology, Radio, Radio, Rants, Raves, Regulations, Resources, Systems, Tax Policy, Taxation, Taxes, Technology, Terrorism, Video, War, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

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Pronk Pops Show 467 May 19, 2015

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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

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Pronk Pops Show 451: April 22, 2015

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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

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Pronk Pops Show 444: April 13, 2015

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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

Story 1: National Security Agency Is Still Massively Collecting All Your Communications — The USA Freedom Act  Is At Best A Baby Step Towards Restoring Your Fourth Amendment Constitutional Rights — Fire Your Representatives For Betraying Their Oath Of Office — NSA Turnkey Tyranny  Totalitarian Targeting of American People — Videos

USA Freedom Act passed by Senate and signed by President Obama, limiting NSA surveillance

Freedom Act Changes NSA Rules For Data Collection

Senate Passes USA Freedom Act, Stops NSA Phone Data Gathering Special Report 1st Segment

Bill Binney: We Are A Gov’t With A Country

Freedom Act: Edward Snowden speaks out on surveillance reform

Politics Panel: Cowards! The Freedom Act is Passed

William Binney’s Heartfelt Plea to the American People

Operation “Toto” Pulling Back The Curtain: Full NSA Interview

William Binney Tells RT That USA Freedom Act is a Farce

NSA Whistleblower William Binney: The Future of FREEDOM

Bill Binney: ‘21 recommendations on fixing NSA sent to US president last year’

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

Rand Paul Causes A Vicious Senate Cat Fight Over Patriot Act

Rand Paul’s Freedom Act Filibuster

Senate Approves USA Freedom Act, Obama Signs It, After Amendments Fail

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Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos

Posted on May 8, 2015. Filed under: American History, Articles, Banking, Blogroll, Books, British History, Business, Central Intelligence Agency (CIA), College, Communications, Constitution, Corruption, Crime, Crisis, Data, Documentary, Economics, Education, Employment, European History, Faith, Family, Farming, Federal Government, Federal Government Budget, Films, Fiscal Policy, Foreign Policy, Fraud, Freedom, government, government spending, history, History of Economic Thought, Islam, Language, Law, liberty, Life, Links, Literacy, Macroeconomics, media, Microeconomics, Middle East, Monetary Policy, Money, Music, National Security Agency (NSA), National Security Agency (NSA_, People, Philosophy, Photos, Police, Politics, Press, Radio, Rants, Raves, Regulations, Religious, Resources, Security, Speech, Strategy, Talk Radio, Tax Policy, Technology, Terrorism, Video, War, Wealth, Weather | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 461 May 7, 2015

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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 

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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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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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It Is Time For A New Different Kind of President? Neither Democrat Nor Republican! — An Independent Constitutionalist — The Longer Senator Rand Paul Stays In Washington He Becomes More An Establishment Republican On Key Issues — Big Government Conservative Not Limited Government Libertarian — The Co-opting of Rand Paul — Videos

Posted on April 10, 2015. Filed under: American History, Articles, Babies, Banking, Blogroll, British History, Business, College, Communications, Constitution, Corruption, Crime, Crisis, Culture, Documentary, Drug Cartels, Economics, Education, Employment, European History, Faith, Family, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Fraud, Freedom, Friends, government, government spending, Health Care, history, Homicide, Illegal, Immigration, IRS, Law, Legal, liberty, Life, Links, media, Monetary Policy, Money, Money, National Security Agency (NSA_, Nuclear, Obamacare, People, Philosophy, Photos, Politics, Press, Psychology, Radio, Rants, Raves, Regulations, Strategy, Talk Radio, Tax Policy, Taxes, Terrorism, Unemployment, Video, War, Wealth, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

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

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: It Is Time For A New Different Kind of President? Neither Democrat Nor Republican! — An Independent Constitutionalist — The Longer Senator Rand Paul Stays In Washington He Becomes More An Establishment Republican On Key Issues — Big Government Conservative Not Limited Government Libertarian — The Co-opting of Rand Paul — Videos

Polling Data

Poll Date Bush Walker Cruz Paul Huckabee Carson Rubio Christie Perry Santorum Jindal Kasich Spread
RCP Average 2/26 – 3/31 16.8 16.2 8.7 8.7 8.7 8.7 6.5 6.0 2.5 1.8 1.5 1.3 Bush +0.6
FOX News 3/29 – 3/31 12 15 10 9 10 11 8 4 3 2 2 1 Walker +3
ABC/Wash Post 3/26 – 3/29 21 13 12 8 8 6 8 7 1 2 1 1 Bush +8
PPP (D) 3/26 – 3/31 17 20 16 10 6 10 6 4 3 Walker +3
CNN/ORC 3/13 – 3/15 16 13 4 12 10 9 7 7 4 1 1 2 Bush +3
McClatchy/Marist 3/1 – 3/4 19 18 4 7 10 9 5 6 3 2 Bush +1
Quinnipiac 2/26 – 3/2 16 18 6 6 8 7 5 8 1 2 2 1 Walker +2

All 2016 Republican Presidential Nomination Polling Data

http://www.realclearpolitics.com/epolls/2016/president/us/2016_republican_presidential_nomination-3823.html

Rand Paul 2016 Speech – Senator Rand Paul Announces Running For U.S. President |FULL SPEECH

Rand Paul in 2016?

RAND PAUL Explains LIBERTARIANISM

Rand Paul: Ted Cruz’s Audience Was Required To Attend, I’m Not Interested In Throwing Out Red Meat

“A Different Kind of Republican Leader”

Rand Paul 2016 Campaign Promises

Rand Paul was for the Fair Tax before he was against it

Rand Paul says he supports the Fair Tax

Rand Paul explains the Flat Tax to Berkeley

Rand Paul on Tax Reform – Fox Business’ Cavuto 10/19/2012

Rand Paul proposes 17% Flat Tax that would lead to the “outright elimination of the IRS”

Rand Paul: More Immigrants, More Tax Revenue

Rand Paul: Obama Poured $1 Trillion Into Economy With His Stimulus Bill But It Didn’t Create Jobs

‘Ron Paul’s rEVOLution’ discussion w/ Rand Paul and Brian Doherty

Rand Paul Conservative Policy Summit FULL SPEECH

RAND PAUL TELLS US THE TRUTH “CIA FUNDED ISIS UNDER OBAMA ADMIN TO PROMOTE MORE WAR IN MIDDLE EAST”

Sean Hannity Shows His Influence

The Presidential Contenders: Rand Paul

Libertarianism: An Introduction

Jon Stewart’s 19 Tough Questions for Libertarians!

Ron Paul vs Rand Paul Stefan Molyneux Hosts the Peter Schiff Radio Show

Questions – Immigration Update – April 1-2, 2015

Most Voters Want More Aggressive Deportation Policies
See Toplines
See Crosstabs
Platinum Page

National Survey of 1,000 Likely Voters
Conducted April 1-2, 2015
By Rasmussen Reports

1* Is the U.S. government too aggressive or not aggressive enough in deporting those who are in this country illegally? Or is the number of deportations about right?

2* Suppose a woman enters the United States as an illegal alien and gives birth to a child in the United States. Should that child automatically become a citizen of the United States?

3* Should illegal immigrants who have American-born children be exempt from deportation?

4* Before anyone receives local, state or federal government services, should they be required to prove they are legally allowed to be in the United States?

5* How concerned are you that efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens?

NOTE: Margin of Sampling Error, +/- 3 percentage points with a 95% level of confidence

http://www.rasmussenreports.com/public_content/politics/questions/pt_survey_questions/april_2015/questions_immigration_update_april_1_2_2015

Immigration

Most Voters Want More Aggressive Deportation Policies

More voters than ever feel the United States is not aggressive enough in deporting those who are here illegally, even as President Obama continues to push his plan to make up to five million illegal immigrants safe from deportation.

Just 16% of Likely U.S. Voters think the U.S. government is too aggressive in deporting those who are in the country illegally. A new Rasmussen Reports national telephone survey finds that 62% believe the government is not aggressive enough in deporting these illegal immigrants, up from 52% a year ago and 56%in November. Fifteen percent (15%) feel the current number of deportations is about right. (To see survey question wording, click here.)

Thirty-two percent (32%) believe illegal immigrants who have American-born children should be exempt from deportation, an element of Obama’s plan, but 51% now disagree. In November, voters were much more closely divided: 38% said they should be exempt from deportation, and only 42% disagreed. Seventeen  percent (17%) remain undecided.

But then most voters (54%) continue to feel that a child born to an illegal immigrant mother in the United States should not automatically become a U.S. citizen, as is now the case.  Thirty-eight percent (38%) favor the current policy of automatic citizenship for these children. Opposition has ranged from 51% to 65% in surveys since April 2006. Support has been in the 28% to 41% range in that same period.

An overwhelming 83% of voters think someone should be required to prove they are legally allowed in the United States before receiving local, state or federal government services. Just 12% disagree. These findings have changed little over the past four years.

Still, 54% are concerned that efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens. Forty-three percent (43%) don’t have that concern. This includes 25% who are Very Concerned about possible civil rights violations and 12% who are Not at All Concerned. This, too, is consistent with past surveying.

(Want a free daily e-mail update? If it’s in the news, it’s in our polls). Rasmussen Reports updates are also available on Twitter or Facebook.

The survey of 1,000 Likely Voters was conducted on April 1-2, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Most voters continue to believe federal government policies encourage illegal immigration.

Most voters in nearly every demographic category agree that the federal government is not aggressive enough in its deportation policies. Most also believe very strongly that someone should have to prove they are a U.S. citizen before obtaining government benefits.

Most women and men agree that a child born to an illegal immigrant in this country should not automatically become a U.S. citizen.

Voters under 40 are only slightly less supportive than their elders of more aggressive deportation policies. But they are much more likely than those 40 and over to think that a child born to an illegal alien in this country should automatically become a U.S. citizen.

Sixty percent (60%) of whites oppose automatic citizenship; 51% of blacks and 56% of other minority voters favor it.

Eighty-one percent (81%) of Republicans and 68% of voters not affiliated with either major party think the government is not aggressive enough in deporting illegal immigrants. Just 40% of Democrats agree. But then Democrats are far more concerned than the others that deportation efforts may end up violating the civil rights of some U.S. citizens.

Democrats by a 51% to 33% margin believe illegals who have American-born children should be exempt from deportation. Sixty-two percent (62%) of GOP voters and 60% of unaffiliateds disagree.

Most voters continue to believe that securing the border is more important than legalizing the status of undocumented workers already here and think plans to offer legal status to such individuals will just encourage more illegal immigration.

More than half of voters remain opposed to Obama’s new plan that will allow nearly five million illegal immigrants to remain in this country legally and apply for jobs. Forty-seven percent (47%) think Congress should try to find ways to stop the president’s plan, while 41% believe Congress should allow this decision to stand.

Voters also continue to strongly support voter ID laws and don’t consider them discriminatory.

Additional information from this survey and a full demographic breakdown are available to Platinum Members only.

http://www.rasmussenreports.com/public_content/politics/current_events/immigration/immigration

Voters Still Fault Feds For Illegal Immigration

Most voters continue to believe federal government policies encourage illegal immigration, but they still aren’t convinced states should go it alone in enforcing immigration laws.

A new Rasmussen Reports national telephone survey finds that 57% of Likely U.S. Voters think the policies and practices of the federal government encourage people to enter the United States illegally, the highest level of cynicism since June 2012. Twenty-eight percent (28%) disagree, while 15% are undecided. (To see survey question wording, click here.)

The number of voters who believe the federal government encourages illegal immigration reached a high of 62% in September 2010 but has mostly stayed in the mid-to high-50s in regular surveying for several years.

Still, 48% think relying on the federal government rather than states to enforce immigration laws is the best approach to dealing with illegal immigration. That’s down two points from last August  but is in line with findings since February 2011. Forty-two percent (42%) think it’s better to allow individual states to act on their own. Ten percent (10%) are undecided. Support for state action was slightly higher in 2011.

Most voters (61%) still favor strict government sanctions on employers who hire illegal immigrants. Twenty-four percent (24%) oppose such sanctions, while 15% are undecided. Support for these sanctions have run in the high 50s to low 60s for years, and Americans told us in a 2013 survey that employer sanctions are the most effective way to stop illegal immigration.

Voters remain more conflicted when it comes to landlords who rent or sell property to illegal immigrants. Forty-four percent (44%) favor strict government sanctions against them. Thirty-four percent (34%) are opposed, while 22% are undecided. These attitudes haven’t changed much over the years either.

But 57% believe if a police officer pulls someone over for a traffic violation, the officer should automatically check to see if that person is in the country legally. Thirty-three percent (33%) disagree, and 10% are not sure. These findings also have stayed fairly steady for years, although support for these checks hit a high of 73% in March 2009.

(Want a free daily e-mail update? If it’s in the news, it’s in our polls). Rasmussen Reports updates are also available on Twitter or Facebook.

The survey of 1,000 Likely Voters was conducted on March 4-5, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Most voters continue to believe that securing the border is more important than legalizing the status of undocumented workers already here and think plans to offer legal status to such individuals will just encourage more illegal immigration.

Seventy-five percent (75%) of Republicans and 59% of voters not affiliated with either major political party believe the policies and practices of the federal government encourage illegal immigration. Democrats by a narrow 44% to 39% disagree. Most Republicans (62%) and unaffiliated voters by a 46% to 42% margin think states should be allowed to enforce immigration laws on their own, but 68% of Democrats think they should rely on the feds.

Sixty percent (60%) of voters who believe government policies encourage people to come here illegally favor allowing states to act on their own to enforce immigration laws. Seventy-eight percent (78%) of those who don’t believe government policies encourage illegal immigration think enforcement of such laws should be left to the federal government.

White voters are generally more supportive of strict sanctions against employers who hire illegal immigrants and landlords who rent or sell property to such individuals than black and other minority voters are. White voters also show stronger support for automatic police checks during traffic stops.

More than half of all voters remain opposed to President Obama’s new plan that will allow nearly five million illegal immigrants to remain in this country legally and apply for jobs. Forty-seven percent (47%) of voters think Congress should try to find ways to stop the president’s plan, while 41% believe Congress should allow this decision to stand.

Most voters continue to think the federal government should only do what the president and Congress agree on. They also still believe a president should not be able to change laws passed by Congress on his own.

However, just 17% of voters are even somewhat confident that the president and Republicans in Congress will be able to work together to do what’s best for the American people, and that includes only four percent (4%) who are Very Confident.

http://www.rasmussenreports.com/public_content/archive/immigration_update_archive/voters_still_fault_feds_for_illegal_immigration

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 439-441

Listen To Pronk Pops Podcast or Download Show 431-438

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Listen To Pronk Pops Podcast or Download Show 414-421

Listen To Pronk Pops Podcast or Download Show 408-413

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Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

Listen To Pronk Pops Podcast or Download Show 143-150

Listen To Pronk Pops Podcast or Download Show 135-142

Listen To Pronk Pops Podcast or Download Show 131-134

Listen To Pronk Pops Podcast or Download Show 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Shows 93

Listen To Pronk Pops Podcast or Download Shows 92

Listen To Pronk Pops Podcast or Download Shows 91

Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

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Republican Donor Base Says So long it’s been good to know you and Voter Base Says — Hit The Road Jack — Mitt Romney — American Pie — Videos

Posted on February 8, 2015. Filed under: American History, Blogroll, Business, Climate, Comedy, Communications, Constitution, Corruption, Documentary, Economics, Education, Employment, Family, Foreign Policy, Freedom, Friends, government, government spending, Health Care, history, Illegal, Immigration, Inflation, Investments, Law, Legal, liberty, Life, Links, media, Music, Obamacare, People, Philosophy, Photos, Politics, Press, Radio, Rants, Raves, Strategy, Talk Radio, Terrorism, Unemployment, Video, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Pronk Pops Show 361: October 31, 2014

Pronk Pops Show 360: October 30, 2014

Pronk Pops Show 359: October 29, 2014

Pronk Pops Show 358: October 28, 2014

Pronk Pops Show 357: October 27, 2014

Pronk Pops Show 356: October 24, 2014

Pronk Pops Show 355: October 23, 2014

Pronk Pops Show 354: October 22, 2014

Pronk Pops Show 353: October 21, 2014

Pronk Pops Show 352: October 20, 2014

Pronk Pops Show 351: October 17, 2014

Pronk Pops Show 350: October 16, 2014

Pronk Pops Show 349: October 15, 2014

Pronk Pops Show 348: October 14, 2014

Pronk Pops Show 347: October 13, 2014

Pronk Pops Show 346: October 9, 2014

Pronk Pops Show 345: October 8, 2014

Pronk Pops Show 344: October 6, 2014

Pronk Pops Show 343: October 3, 2014

Pronk Pops Show 342: October 2, 2014

Story 1: Republican Donor Base Says So long it’s been good to know you and Voter Base Says — Hit The Road Jack — Mitt Romney — American Pie — Videos

Mitt Romney Cartoon-NottRomney Mitt-Flip-Flop-Romney-Cartoon occupy-wall-street-mitt-romney-cartoonJanuary 16, 2015bush_romney

Woody Guthrie – So long it’s been good to know you

Romney Says He Won’t Run for President in 2016

FULL AUDIO: Mitt Romney explains decision not to run in 2016

Mitt Romney will not run for President

Mitt Romney Vs. Jeb Bush. Who Will Be On The Republican Ticket In 2016?

Laura Ingraham: Rand Paul is almost as bad as Jeb Bush on amnesty

Laura Ingraham “super disappointed” in Rand Paul for opposing mass deportation

Laura Ingraham: Rand Paul ISIS flip-flop a mistake

Laura Ingraham goofs on Rand Paul’s newfound neoconservatism

Rand Paul vs. Charles Krauthammer on Iran

Charles Krauthammer: Rand Paul “has a lot of political genius”

Rand Paul says He Would Give a Legalized Status to Illegal Immigrants

RAND PAUL Explains LIBERTARIANISM

Why is Rand Paul the right choice for America? Rand Paul 2016.

Rand Paul: Voters ready for Libertarian Republican in 2016

Libertarians need to get over Rand Paul

Ray Charles – Hit The Road Jack

Don McLean – American Pie

“American Pie”

[Intro]
A long, long time ago
I can still remember how that music used to make me smile
And I knew if I had my chance
That I could make those people dance
And maybe they’d be happy for a whileBut February made me shiver
With every paper I’d deliver
Bad news on the doorstep
I couldn’t take one more stepI can’t remember if I cried
When I read about his widowed bride
But something touched me deep inside
The day the music died[Chorus]
So bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
And them good old boys were drinkin’ whiskey in Rye
Singin’ “This’ll be the day that I die
This’ll be the day that I die”[Verse 1]
Did you write the book of love
And do you have faith in God above
If the Bible tells you so?
Now do you believe in rock and roll?
Can music save your mortal soul?
And can you teach me how to dance real slow?Well, I know that you’re in love with him
‘Cause I saw you dancin’ in the gym
You both kicked off your shoes
Man, I dig those rhythm and bluesI was a lonely teenage broncin’ buck
With a pink carnation and a pickup truck
But I knew I was out of luck
The day the music died[Chorus]
I started singin’ bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
Them good old boys were drinkin’ whiskey in Rye
Singin’ “This’ll be the day that I die
This’ll be the day that I die”[Verse 2]
Now for ten years we’ve been on our own
And moss grows fat on a rollin’ stone
But that’s not how it used to be
When the jester sang for the king and queen
In a coat he borrowed from James Dean
And a voice that came from you and meOh, and while the king was looking down
The jester stole his thorny crown
The courtroom was adjourned
No verdict was returnedAnd while Lenin read a book on Marx
The quartet practiced in the park
And we sang dirges in the dark
The day the music died[Chorus]
We were singin’ bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
Them good old boys were drinkin’ whiskey in Rye
Singin’ “This’ll be the day that I die
This’ll be the day that I die”[Verse 3]
Helter skelter in a summer swelter
The birds flew off with a fallout shelter
Eight miles high and falling fast
It landed foul on the grass
The players tried for a forward pass
With the jester on the sidelines in a cast

Now the halftime air was sweet perfume
While the sergeants played a marching tune
We all got up to dance
Oh, but we never got the chance

‘Cause the players tried to take the field
The marching band refused to yield
Do you recall what was revealed
The day the music died?

[Chorus]
We started singin’ bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
Them good old boys were drinkin’ whiskey in Rye
And singin’ “This’ll be the day that I die
This’ll be the day that I die”

[Verse 4]
Oh, and there we were all in one place
A generation lost in space
With no time left to start again
So come on, Jack be nimble, Jack be quick
Jack Flash sat on a candlestick
‘Cause fire is the devil’s only friend

Oh, and as I watched him on the stage
My hands were clenched in fists of rage
No angel born in Hell
Could break that Satan’s spell

And as the flames climbed high into the night
To light the sacrificial rite
I saw Satan laughing with delight
The day the music died

He was singin’ bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
Them good old boys were drinkin’ whiskey in Rye
And singin’ “This’ll be the day that I die
This’ll be the day that I die”

[Outro]
I met a girl who sang the blues
And I asked her for some happy news
But she just smiled and turned away
I went down to the sacred store
Where I’d heard the music years before
But the man there said the music wouldn’t play

And in the streets, the children screamed
The lovers cried and the poets dreamed
But not a word was spoken
The church bells all were broken

And the three men I admire most
The Father, Son and the Holy Ghost
They caught the last train for the coast
The day the music died

And they were singin’ bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
And them good old boys were drinkin’ whiskey in Rye
Singin’ “This’ll be the day that I die
This’ll be the day that I die”

[Chorus]
They were singin’ bye-bye, Miss American Pie
Drove my Chevy to the levee, but the levee was dry
Them good old boys were drinkin’ whiskey in Rye
And singin’ “This’ll be the day that I die”

 

Mitt Romney will NOT run for President again: Former Massachusetts governor says he will not mount a third campaign

  • ‘I’m not organizing a PAC or taking donations; I’m not hiring a campaign team,’ he told donors during a Friday morning conference call
  • Jeb Bush boxed him out of access to big donors by getting in the race early with an exploratory committee
  • Romney and his wife had told reporters time and time again that he wasn’t running in 2016 but few believed them
  • CNN aired part of the private call live as Romney thanked his inner circle and said he thought another leader would have the best chance 
  • Romney will have dinner with Chris Christie on Friday night, raising new eyebrows about the aftermath of his bowing out 
  • White House paid him a backhanded compliment for messages about poverty, saying Republicans had used it as ‘a talking point’ 

Mitt Romney, who stumbled his way to a lackluster finish in the 2012 presidential election as the Republican nominee, will not make a third run at the political world’s ultimate prize.

The former Massachusetts governor told top donors Friday morning that ‘after putting considerable thought into making another run for president, I’ve decided it is best to give other leaders in the Party the opportunity to become our next nominee.’

‘I’ve been asked, and will certainly be asked again,’ he said, ‘if there are any circumstances whatsoever that might develop that could change my mind. That seems unlikely.’

‘Accordingly, I’m not organizing a PAC or taking donations; I’m not hiring a campaign team.’

Former GOP presidential candidate Mitt Romney spoke at Mississippi State University on Thursday as he prepared to announce that he'll be sitting out the 2016 presidential race

Former Florida Gov. Jeb Bush (left) campaigned with Romney in 2012, but he's the main beneficiary of Mitt's decidion to drop out of the next race early

Former Florida Gov. Jeb Bush (left) campaigned with Romney in 2012, but he’s the main beneficiary of Mitt’s decidion to drop out of the next race early

That giant noise you hear this morning in suburban New York is the sound of opposition-research binders being shredded in the offices of Hillary Clinton, who was looking forward to taking on Romney in 2016

That giant noise you hear this morning in suburban New York is the sound of opposition-research binders being shredded in the offices of Hillary Clinton, who was looking forward to taking on Romney in 2016

Mitt Romney will NOT run for president in 2016

Daily Mail Online obtained Romney’s prepared remarks from a consultant close to the former governor.

The White House reacted Friday by paying him a backhanded compliment.

Obama spokesman Josh Earnest said at the beginning of his press briefing that he hadn’t spoken to the president about Romney’ss decision, but offered his own observations.

Romney, he said, is ‘a man of great faith and a man who has tremendous loyalty and commitment to his country’ and ‘is worthy of our respect.’

‘He did say in recent days that he hoped that we can have a more robust debate in this country about what we could do to put in place policies that benefit middle class families,’ Earnest noted, before dismissing Republicans whom he said ‘have used the middle class as a talking point.’

JEB BUSH’S FACEBOOK FAREWELL TO MITT

Former Florida Gov. Jeb Bush posted this message on Facebook shortly after Romney’s inner-circle conference call ended:

‘Mitt Romney has been a leader in our party for many years. There are few people who have worked harder to elect Republicans across the country than he has. Though I’m sure today’s decision was not easy, I know that Mitt Romney will never stop advocating for renewing America’s promise through upward mobility, encouraging free enterprise and strengthening our national defense. 

‘Mitt is a patriot and I join many in hoping his days of serving our nation and our party are not over. I look forward to working with him to ensure all Americans have a chance to rise up.

‘Columba and I wish Mitt, Ann and their entire family the very best.’

‘We are seeing more rhetoric from Republicans indicating what was a previously unstated concern for people who aren’t at the top,’ Earnest said.

‘All of a sudden … some Republicans seem to be changing their tune.’

Two weeks ago Earnest seemed to mock reports that Romney would be seeking the White House in 2016, addressing ‘reports that Governor Romney is considering gettng the band back together again.’

Obama drew jeers from Democratic lawmakers on Thursday night in Philadelphia when he said that ‘a former presidential candidate on the other side’ was ‘suddenly … just deeply concerned about poverty.’

‘That’s great. Let’s go. Come on. Let’s do something about it,’ he said.

Earnest dismissed the nation’s momentary fascination with a third Romney run.

‘I’m confident that Governor Romney will be someone whose endorsement will be, um, sought,’ he said Friday.

He also said Obama is ‘not disappointed’ that Romney won’t be part of the 2016 race.

Romney’s decision to end his much-discusion flirtation with another White House run comes just hours after a Fox News poll put Romney at the top of the pack, leading former Florida Gov. Jeb Bush and others by a considerable margin

His 21 per cent support among Republican voters was nearly double that of a second-place cluster that included Kentucky Sen. Rand Paul and former Arkansas Gov. Mike Huckabee, with 11 per cent each, and Bush, with 10 per cent.

Romney’s infamous ‘47%’ comment and his reaction

Bush posted a statement on Facebook shortly after Romney made his announcement.

‘Though I’m sure today’s decision was not easy, I know that Mitt Romney will never stop advocating for renewing America’s promise through upward mobility, encouraging free enterprise and strengthening our national defense,’ he wrote.

‘Mitt is a patriot and I join many in hoping his days of serving our nation and our party are not over. I look forward to working with him to ensure all Americans have a chance to rise up.’

Jeb poached a key member of Romney’s poltical organization on Thursday.

David Kochel, an Iowa-based consultant who worked on ROmney’s 2008 and 2012 campaigns, went to work for Right to Rise, Bush’s new political action committee.

Romney’s first shot at the presidency came in 2008, when he lost the GOP nomination to Arizona Sen. John McCain.

He risked losing a third time to any of nearly two dozen other potential candidates, although Bush’s entry into the picture last month has caused the most concern – at least from a fundraising perspective.

‘Mitt Romney 3.0 was worried about Jeb Bush 1.0 freezing him out of the big money,’ a GOP campaign consultant in the early primary state of New Hampshire warned Daily Mail Online on Friday morning. ‘That’s why he’s sitting out.’

‘Let’s face it: Jeb has a month-long head start. Mitt was already running out of billionaires who haden’t already made commitments.’

SIX DAYS AGO: Broadcaster Larry King tweeted on Jan. 24 that Romney told him a decision would be forthcoming within two weeks

SIX DAYS AGO: Broadcaster Larry King tweeted on Jan. 24 that Romney told him a decision would be forthcoming within two weeks

He seemed to recognize that reality on Friday, but framed his decision in terms of what some in the party had begun to call ‘Romney fatigue.’

‘I feel that it is critical that America elect a conservative leader to become our next president,’ he said. ‘You know that I have wanted to be that president.’

‘But I do not want to make it more difficult for someone else to emerge who may have a better chance of becoming that president.’

At the same time, Romney clung to the idea that his financing and organization would have been adequate to the task.

‘Our finance calls made it clear we would have enough funding to be more than competitive and with few exceptions our field political leadership is ready and enthusiastic about a new race.,’ he told supporters.

‘The reaction of Republican voters across the country was both surprising and heartening.’

CNN made waves Friday morning by airing part of the Romney conference call, which was a private conversation and not meant for the press.

Romney would have faced considerable challenges if he had run.

In addition to his complaint in 2012 that ’47 per cent’ of Americans who depend on government benefits to make ends meet would never vote for him, he has said over and over in the past two years that he’s no longer interested in the White House.

‘Oh, no, no, no,’ he told the New York Times twelve months ago. ‘No, no, no, no, no. No, no, no. I’m not running again.’

WINNER? New Jersey Gov. Chris Christie could benefit from Romney's disappearance in presidential polls as much of his support among self-described 'moderates' had swung to Romney – and Romney himself will dine with Christie on Friday night

WINNER? New Jersey Gov. Chris Christie could benefit from Romney’s disappearance in presidential polls as much of his support among self-described ‘moderates’ had swung to Romney – and Romney himself will dine with Christie on Friday night

‘In February 2014, he said on Meet the Press: ‘You know, I’m not Ronald Reagan. And I’m not running for president. We’ve got some very good people who are considering the race. And I’m looking forward to supporting someone who I think will have the best shot of defeating whoever it is the Democrats put up.’

In June 2014 he told another NBC News interviewer that ‘I’m not running for president.’

‘I’m not running, I’m not planning on running, and I’ve got nothing new on that story,’ he told Bloomberg in October.

Ann Romney, the once upon a time would-be first lady, piled on too.

‘Done, completely,’ she said then. ‘Not only Mitt and I are done, but the kids are done. Done. Done. Done.’

Romney jumped back into the presidential discussion on Jan. 10, when he told a small group of former donors in New York that he was eyeing another White House run.

But it’s over for him as of Friday morning, as it became apparent that many of his past supporters and major fundraisers had defected to the Bush camp.

One told the Associated Press this week, ‘I have turned the page.’

Several called other candidates and their campaign consultants, pledgign support to presidential hopefuls including Bush, New Jersey Gov. Chris Christie and Wisconsin Gov. Scott Walker.

Christie got a boost from news that he will have dinner with Romney on Friday night.

That could indicate the Utah Republican’s desire to box Jeb Bush out and help a different moderate alternative rise to take his place.

MITT ROMNEY’S PREPARED STATEMENT TO DONORS

‘Let me begin by letting you know who else is on this call, besides Ann and me. There are a large number of people who signed on to be leaders of our 2016 finance effort. In addition, state political leadership from several of the early primary states are on the line. And here in New York City, and on the phone, are people who have been helping me think through how to build a new team, as well as supporters from the past who have all been kind enough to volunteer their time during this deliberation stage. Welcome, and thank you. Your loyalty and friendship, and your desire to see the country with new, competent and conservative leadership warms my heart.

‘After putting considerable thought into making another run for president, I’ve decided it is best to give other leaders in the Party the opportunity to become our next nominee.

‘Let me give you some of my thinking. First, I am convinced that with the help of the people on this call, we could win the nomination. Our finance calls made it clear that we would have enough funding to be more than competitive. With few exceptions, our field political leadership is ready and enthusiastic about a new race. And the reaction of Republican voters across the country was both surprising and heartening. I know that early poll numbers move up and down a great deal during a campaign, but we would have no doubt started in a strong position. One poll out just today shows me gaining support and leading the next closest contender by nearly two to one. I also am leading in all of the four early states. So I am convinced that we could win the nomination, but fully realize it would have been difficult test and a hard fight.

‘I also believe with the message of making the world safer, providing opportunity to every American regardless of the neighborhood they live in, and working to break the grip of poverty, I would have the best chance of beating the eventual Democrat nominee, but that is before the other contenders have had the opportunity to take their message to the voters.

‘I believe that one of our next generation of Republican leaders, one who may not be as well known as I am today, one who has not yet taken their message across the country, one who is just getting started, may well emerge as being better able to defeat the Democrat nominee. In fact, I expect and hope that to be the case.

‘I feel that it is critical that America elect a conservative leader to become our next president. You know that I have wanted to be that president. But I do not want to make it more difficult for someone else to emerge who may have a better chance of becoming that president. You can’t imagine how hard it is for Ann and me to step aside, especially knowing of your support and the support of so many people across the country. But we believe it is for the best of the Party and the nation.

‘I’ve been asked, and will certainly be asked again if there are any circumstances whatsoever that might develop that could change my mind. That seems unlikely. Accordingly, I’m not organizing a PAC or taking donations; I’m not hiring a campaign team.

‘I encourage all of you on this call to stay engaged in the critical process of selecting a Republican nominee for President. Please feel free to sign up on a campaign for a person who you believe may become our best nominee.

‘I believe a Republican winning back the White House is essential for our country, and I will do whatever I can to make that happen.

‘To all my supporters, friends and family who worked both tirelessly and loyally to support my campaigns in the past, I will always be deeply appreciative. What you have already done is a tribute to your patriotism. We are overwhelmed and humbled by your loyalty to us, by your generosity of spirit, and by your friendship. God bless you all.

The Pronk Pops Show Podcasts Portfolio

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All Aboard The Train Wreck Obamacare — Whitehouse Fear American People Will Not Get On Board — Why Should They? — Congress and Staffs Just Got Off Obamacare Train Wreck — Defund Obamacare Now! — Videos

Posted on August 10, 2013. Filed under: American History, Blogroll, Business, College, Communications, Constitution, Economics, Education, Federal Government, Federal Government Budget, Fiscal Policy, government spending, history, Language, Law, liberty, Life, Links, Macroeconomics, media, Microeconomics, People, Philosophy, Photos, Politics, Rants, Raves, Resources, Security, Strategy, Talk Radio, Tax Policy, Technology, Unemployment, Video, Wisdom | Tags: , , , , , , , , , , , , , |

ObamaCare-Train-Wreck

train_wreck

Obamacarewaiver-congressBeeler-Obamacare-train-wreck

defund-obamacare

Obamacare_Train_Wreck

tumblr_mlgjgqO0JC1s6fei0o1_500

Knowing (2009) – Full Subway Crash Scene

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Mike Lee On Defunding Obamacare – TheBlazeTV – The Glenn Beck Program – 2013.07.23

Ted Cruz: ‘Why is President Obama threatening to shut down the federal government?’

Dr. Coburn on the Senate Floor: Obamacare Will Only End With Full Repeal

 

Defunding Obamacare! – Hannity Special Panel To Debate Universal Nightmare

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Fight For America: ObamaCare

Obamacare – Reid: More Funding Needed To Prevent Health Care Law From Becoming “Train Wreck”

Harry Reid and Tom Coburn Agree: Obamacare Was Designed to Fail, Pave Way for Single-Payer

In just about seven weeks, people will be able to start buying Obamacare-approved insurance plans through the new health care exchanges.

But already, Senate Majority Leader Harry Reid is predicting those plans, and the whole system of distributing them, will eventually be moot.

Reid said he thinks the country has to “work our way past” insurance-based health care during a Friday night appearance on Vegas PBS’ program “Nevada Week in Review.”

“What we’ve done with Obamacare is have a step in the right direction, but we’re far from having something that’s going to work forever,” Reid said.

When then asked by panelist Steve Sebelius whether he meant ultimately the country would have to have a health care system that abandoned insurance as the means of accessing it, Reid said: “Yes, yes. Absolutely, yes.”

The idea of introducing a single-payer national health care system to the United States, or even just a public option, sent lawmakers into a tizzy back in 2009, when Reid was negotiating the health care bill.

And so we have a rare moment of bipartisan agreement in the United States Senate. Reid now appears to concur with Republican senator Tom Coburn of Oklahoma, who has has been warning for quite some time that Obamacare was “rigged to fail” in order to pave  the way for a total government takeover of the health insurance industry.

“More than two years after the passage of Obamacare, the data overwhelming show the law will fail to achieve its core objectives of lowering costs and improving access,” Coburn wrote in 2012. “That, ironically, may have been the design. By making private insurance unaffordable for everyone, it will become available to no one. All that will be left is government-centered, government-run, single-payer health care.”

As liberal Washington Post blogger Ezra Klein said in 2008, organizations on the left pushing for health care reform were pursuing a “sneaky strategy” to “put in place something that over time the natural incentives … move it to single payer.”

So the big question on the left and right isn’t really whether or not Obamacare will eventually fail, but what comes after it fails.

When Obamacare starts to unravel, will the American people really trust the Democrats who designed it to fix it by giving the government more power and more control? Or will Obamacare’s failure provide an opportunity to repeal it and replace it with a more conservative, free-market reform?

http://www.youtube.com/watch?v=MPxhbYUaT-s

Reid says Obamacare just a step toward eventual single-payer system

By

In just about seven weeks, people will be able to start buying Obamacare-approved insurance plans through the new health care exchanges.

But already, Senate Majority Leader Harry Reid is predicting those plans, and the whole system of distributing them, will eventually be moot.

Reid said he thinks the country has to “work our way past” insurance-based health care during a Friday night appearance on Vegas PBS’ program “Nevada Week in Review.”

“What we’ve done with Obamacare is have a step in the right direction, but we’re far from having something that’s going to work forever,” Reid said.

When then asked by panelist Steve Sebelius whether he meant ultimately the country would have to have a health care system that abandoned insurance as the means of accessing it, Reid said: “Yes, yes. Absolutely, yes.”

The idea of introducing a single-payer national health care system to the United States, or even just a public option, sent lawmakers into a tizzy back in 2009, when Reid was negotiating the health care bill.

“We had a real good run at the public option … don’t think we didn’t have a tremendous number of people who wanted a single-payer system,” Reid said on the PBS program, recalling how then-Sen. Joe Lieberman’s opposition to the idea of a public option made them abandon the notion and start from scratch.

Eventually, Reid decided the public option was unworkable.

“We had to get a majority of votes,” Reid said. “In fact, we had to get a little extra in the Senate, we have to get 60.”

Reid cited the post-WWII auto industry labor negotiations that made employer-backed health insurance the norm, remarking that “we’ve never been able to work our way out of that” before predicting that Congress would someday end the insurance-based health care system.

Reid also had some strong words for Republican Gov. Brian Sandoval and Sen. Dean Heller concerning their ongoing dispute with Energy Secretary Ernest Moniz over shipments of low-level nuclear waste from Oak Ridge, Tenn., to Nevada.

Sandoval disputes the existence of “many memos” that Moniz said were signed between state and federal officials, permitting the import of the spent fuel rods. Heller has asked Moniz to clarify the existence of the memos, which Moniz first referred to in testimony before the Senate Energy Committee on July 30.

Reid suggested that Sandoval and Heller were “flailing away” with their complaints, before establishing the facts, which Reid said he “just do[es]n’t think we have.”

“If there are these memos flying around then somebody should be able to find them someplace, but this is not the point,” Reid said. “Gov. Sandoval knows his powers are limited. This is interstate commerce … you can’t just say ‘we’re not going to take it.’ It doesn’t work that way.”

http://www.lasvegassun.com/news/2013/aug/10/reid-says-obamacare-just-step-toward-eventual-sing

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Rand Paul Interview By Peter Robinson and Others — Videos

Posted on July 27, 2013. Filed under: American History, Blogroll, Business, College, Communications, Constitution, Economics, Education, Employment, Federal Government, Foreign Policy, government, government spending, history, Illegal, Immigration, Inflation, IRS, Law, Legal, liberty, Life, Links, media, People, Philosophy, Politics, Rants, Raves, Regulations, Strategy, Talk Radio, Taxes, Unemployment, Video, Wealth, Wisdom | Tags: , , , , , , , |

rand_paul

Just gave up on Rand Paul as future President of the United States.

Enforce the existing immigration laws and deport illegal aliens now.

Both the Democratic and Republican parties are selling out the American people.

Get a clue Senator, there are over 25 million American citizens looking for a full-time job.

The number of illegal aliens is not 11 million but over 40 million.

What we have now is not de facto amnesty but the unwillingness to enforce existing immigration law by both the Democratic and Republican parties.

More and more American citizens are leaving both political parties over this issue and out of control government spending.

The number of independents is growing while the number of Democrats and Republicans is declining.

Pass comprehensive immigration reform and the Democratic Party will get 75% of the formerly illegal alien vote.

The FairTax is much better than a flat income tax that does not require the huge IRS to collect.

Looks like Ted Cruz will be getting my vote.

I am a pro-life, limited government classical liberal and support the Tea Party and want balanced budgets now and budgeting to last years tax collections and eliminating baseline budgeting.

While I wanted to support Senator Paul for President, I will not be doing so now.

I have been a libertarian conservative that used to vote for Republicans, but no longer.

Both the Democratic and Republican  parties have been captured by big interventionist government statists (BIGS).

Time to start another political party that puts the American citizens first and not illegal aliens.

The Republican Party has become the party of big interventionist government statists.

Start another political party or stay home.

Presidents Hoover, Roosevelt, Truman and Eisenhower enforced immigration law.

It is the responsibility of the Federal government under the Constitution to protect the states from invasions.

If millions of illegal aliens are over staying their visas and entering the U.S. illegally, this is an invasion.

Enforce existing immigration laws by removing illegal aliens from their place of employment and deporting them.

Stop encouraging and rewarding illegal behavior.

Otherwise you will keep attracting more and more illegal aliens.

Senator Rand Paul discusses individualism, freedom, and national security on Uncommon Knowledge

Senator Rand Paul “I Say To ALL Americans Enough’s ENOUGH! We’re NOT Gonna Take It Anymore!”

Pat Buchanan brings up operation Wet Back with open border liberal

Operation Wetback 1954

Rand Paul slams Obama s plans for Syria involvement

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Sen. Rand Paul Speaks at Veterans of Foreign Wars 144th National Convention- July 22, 2013

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James Bamford — The National Security Agency (NSA) — Videos

Posted on July 5, 2013. Filed under: American History, Banking, Blogroll, Business, Communications, Constitution, Economics, Education, European History, Federal Government, Federal Government Budget, Fiscal Policy, government, government spending, history, Illegal, Investments, Law, liberty, Life, Links, Literacy, Macroeconomics, media, Monetary Policy, Money, People, Philosophy, Politics, Regulations, Security, Strategy, Talk Radio, Tax Policy, Video, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , |

JAMES BAMFORD

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

Have the fears of  1984  been realized ? ” The Puzzle Palace Warned Us

James Bamford on NSA Leaks – Charlie Rose 06/13/2013

James Bamford talks to Charlie Rose on NSA (1984)

NSA Data Collection Not Preventing Another 9/11: James Bamford

James Bamford on NSA Secrets, Keith Alexander’s Influence &Massive Growth of Surveillance, Cyberwar

NSA Chronicler James Bamford on Maddow 06/12/2013 

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

James Bamford: Inside the NSA’s Largest and Most Expansive Secret Domestic Spy Center 1 of 2

James Bamford: Inside the NSA’s Largest and Most Expansive Secret Domestic Spy Center 2 of 2

NSA whistleblower talks Snowden

He told you so: Bill Binney talks NSA leaks

Are the NSA’s surveillance programs actually legal?

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

“On a Slippery Slope to a Totalitarian State”: NSA Whistleblower Rejects Gov’t Defense of Spying

BBC HARDtalk – Thomas Drake – Former Senior Executive, US National Security Agency (8/5/13)

James Bamford The Shadow Factory The Ultra Secret NSA from 911 to the Eavesdropping on America  2008

DIGITAL AGE – Did Bush Have a Massive Disinfo. Plan? – James Bamford

DIGITAL AGE – Has The NSA Gone Deaf? – James Bamford. Jan 22, 2003

Background Articles and Videos

PRISM Data Collection Slideshow

Rachel Maddow – The NSA AT&T Spying ‘Secret Room’ & PRISM 

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

Judge Napolitano To Shep Smith: NSA Leaker An ‘American Hero’ Who Exposed ‘Extraordinary Violations’

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Rand Paul Announces Legal Action Against Government Surveillance

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

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National Security Agency (NSA) and Federal Bureau Investigation (FBI) Secret Security Surveillance State (S4) Uses Stellar Wind and PRISM To Create Secret Dossiers On All American Citizen Targets Similiar To East Germany Stasi Files–Videos

Posted on June 18, 2013. Filed under: American History, Blogroll, College, Communications, Computers, Demographics, Economics, Education, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, government spending, history, Law, liberty, Life, Links, Literacy, Math, media, People, Philosophy, Politics, Raves, Security, Strategy, Video, War, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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NSA Phone Records

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Revealed: the top secret rules that allow NSA to use US data without a warrant

Fisa court submissions show broad scope of procedures governing NSA’s surveillance of Americans’ communication

Document one: procedures used by NSA to target non-US persons
Document two: procedures used by NSA to minimise data collected from US persons

Top secret documents submitted to the court that oversees surveillance by US intelligence agencies show the judges have signed off on broad orders which allow the NSA to make use of information “inadvertently” collected from domestic US communications without a warrant.

The Guardian is publishing in full two documents submitted to the secret Foreign Intelligence Surveillance Court (known as the Fisa court), signed by Attorney General Eric Holder and stamped 29 July 2009. They detail the procedures the NSA is required to follow to target “non-US persons” under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.

The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.

The procedures cover only part of the NSA’s surveillance of domestic US communications. The bulk collection of domestic call records, as first revealed by the Guardian earlier this month, takes place under rolling court orders issued on the basis of a legal interpretation of a different authority, section 215 of the Patriot Act.

The Fisa court’s oversight role has been referenced many times by Barack Obama and senior intelligence officials as they have sought to reassure the public about surveillance, but the procedures approved by the court have never before been publicly disclosed.

The top secret documents published today detail the circumstances in which data collected on US persons under the foreign intelligence authority must be destroyed, extensive steps analysts must take to try to check targets are outside the US, and reveals how US call records are used to help remove US citizens and residents from data collection.

However, alongside those provisions, the Fisa court-approved policies allow the NSA to:

• Keep data that could potentially contain details of US persons for up to five years;

• Retain and make use of “inadvertently acquired” domestic communications if they contain usable intelligence, information on criminal activity, threat of harm to people or property, are encrypted, or are believed to contain any information relevant to cybersecurity;

• Preserve “foreign intelligence information” contained within attorney-client communications;

• Access the content of communications gathered from “U.S. based machine[s]” or phone numbers in order to establish if targets are located in the US, for the purposes of ceasing further surveillance.

The broad scope of the court orders, and the nature of the procedures set out in the documents, appear to clash with assurances from President Obama and senior intelligence officials that the NSA could not access Americans’ call or email information without warrants.

The documents also show that discretion as to who is actually targeted under the NSA’s foreign surveillance powers lies directly with its own analysts, without recourse to courts or superiors – though a percentage of targeting decisions are reviewed by internal audit teams on a regular basis.

Since the Guardian first revealed the extent of the NSA’s collection of US communications, there have been repeated calls for the legal basis of the programs to be released. On Thursday, two US congressmen introduced a bill compelling the Obama administration to declassify the secret legal justifications for NSA surveillance.

The disclosure bill, sponsored by Adam Schiff, a California Democrat, and Todd Rokita, an Indiana Republican, is a complement to one proposed in the Senate last week. It would “increase the transparency of the Fisa Court and the state of the law in this area,” Schiff told the Guardian. “It would give the public a better understanding of the safeguards, as well as the scope of these programs.”

Section 702 of the Fisa Amendments Act (FAA), which was renewed for five years last December, is the authority under which the NSA is allowed to collect large-scale data, including foreign communications and also communications between the US and other countries, provided the target is overseas.

FAA warrants are issued by the Fisa court for up to 12 months at a time, and authorise the collection of bulk information – some of which can include communications of US citizens, or people inside the US. To intentionally target either of those groups requires an individual warrant.

One-paragraph order

One such warrant seen by the Guardian shows that they do not contain detailed legal rulings or explanation. Instead, the one-paragraph order, signed by a Fisa court judge in 2010, declares that the procedures submitted by the attorney general on behalf of the NSA are consistent with US law and the fourth amendment.

Those procedures state that the “NSA determines whether a person is a non-United States person reasonably believed to be outside the United States in light of the totality of the circumstances based on the information available with respect to that person, including information concerning the communications facility or facilities used by that person”.

It includes information that the NSA analyst uses to make this determination – including IP addresses, statements made by the potential target, and other information in the NSA databases, which can include public information and data collected by other agencies.

Where the NSA has no specific information on a person’s location, analysts are free to presume they are overseas, the document continues.

“In the absence of specific information regarding whether a target is a United States person,” it states “a person reasonably believed to be located outside the United States or whose location is not known will be presumed to be a non-United States person unless such person can be positively identified as a United States person.”

If it later appears that a target is in fact located in the US, analysts are permitted to look at the content of messages, or listen to phone calls, to establish if this is indeed the case.

Referring to steps taken to prevent intentional collection of telephone content of those inside the US, the document states: “NSA analysts may analyze content for indications that a foreign target has entered or intends to enter the United States. Such content analysis will be conducted according to analytic and intelligence requirements and priorities.”

Details set out in the “minimization procedures”, regularly referred to in House and Senate hearings, as well as public statements in recent weeks, also raise questions as to the extent of monitoring of US citizens and residents.

NSA minimization procedures signed by Holder in 2009 set out that once a target is confirmed to be within the US, interception must stop immediately. However, these circumstances do not apply to large-scale data where the NSA claims it is unable to filter US communications from non-US ones.

The NSA is empowered to retain data for up to five years and the policy states “communications which may be retained include electronic communications acquired because of limitations on the NSA’s ability to filter communications”.

Even if upon examination a communication is found to be domestic – entirely within the US – the NSA can appeal to its director to keep what it has found if it contains “significant foreign intelligence information”, “evidence of a crime”, “technical data base information” (such as encrypted communications), or “information pertaining to a threat of serious harm to life or property”.

Domestic communications containing none of the above must be destroyed. Communications in which one party was outside the US, but the other is a US-person, are permitted for retention under FAA rules.

The minimization procedure adds that these can be disseminated to other agencies or friendly governments if the US person is anonymised, or including the US person’s identity under certain criteria.

A separate section of the same document notes that as soon as any intercepted communications are determined to have been between someone under US criminal indictment and their attorney, surveillance must stop. However, the material collected can be retained, if it is useful, though in a segregated database:

“The relevant portion of the communication containing that conversation will be segregated and the National Security Division of the Department of Justice will be notified so that appropriate procedures may be established to protect such communications from review or use in any criminal prosecution, while preserving foreign intelligence information contained therein,” the document states.

In practice, much of the decision-making appears to lie with NSA analysts, rather than the Fisa court or senior officials.

A transcript of a 2008 briefing on FAA from the NSA’s general counsel sets out how much discretion NSA analysts possess when it comes to the specifics of targeting, and making decisions on who they believe is a non-US person. Referring to a situation where there has been a suggestion a target is within the US.

“Once again, the standard here is a reasonable belief that your target is outside the United States. What does that mean when you get information that might lead you to believe the contrary? It means you can’t ignore it. You can’t turn a blind eye to somebody saying: ‘Hey, I think so and so is in the United States.’ You can’t ignore that. Does it mean you have to completely turn off collection the minute you hear that? No, it means you have to do some sort of investigation: ‘Is that guy right? Is my target here?” he says.

“But, if everything else you have says ‘no’ (he talked yesterday, I saw him on TV yesterday, even, depending on the target, he was in Baghdad) you can still continue targeting but you have to keep that in mind. You can’t put it aside. You have to investigate it and, once again, with that new information in mind, what is your reasonable belief about your target’s location?”

The broad nature of the court’s oversight role, and the discretion given to NSA analysts, sheds light on responses from the administration and internet companies to the Guardian’s disclosure of the PRISM program. They have stated that the content of online communications is turned over to the NSA only pursuant to a court order. But except when a US citizen is specifically targeted, the court orders used by the NSA to obtain that information as part of Prism are these general FAA orders, not individualized warrants specific to any individual.

Once armed with these general orders, the NSA is empowered to compel telephone and internet companies to turn over to it the communications of any individual identified by the NSA. The Fisa court plays no role in the selection of those individuals, nor does it monitor who is selected by the NSA.

The NSA’s ability to collect and retain the communications of people in the US, even without a warrant, has fuelled congressional demands for an estimate of how many Americans have been caught up in surveillance.

Two US senators, Ron Wyden and Mark Udall – both members of the Senate intelligence committee – have been seeking this information since 2011, but senior White House and intelligence officials have repeatedly insisted that the agency is unable to gather such statistics.

http://www.guardian.co.uk/world/2013/jun/20/fisa-court-nsa-without-warrant

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.)
  • Bad Aibling Station (Bad Aibling, Germany – U.S.)
    • relocated to Griesheim in 2004[19]
    • deactivated in 2008[20]
  • Buckley Air Force Base (Aurora, Colorado)
  • Fort Gordon (Georgia, U.S.)
  • Gander (Newfoundland & Labrador, Canada)
  • Guam (Pacific Ocean, U.S.)
  • Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
  • Lackland Air Force Base, Medina Annex (San Antonio, Texas)

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

Enemy Of The State: Life Imitating Art –National Security Agency Targets American People — Vidoes

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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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CPAC 2013 — Conservative Political Action Conference — March 14th -16th — Videos

Posted on March 14, 2013. Filed under: American History, Banking, Blogroll, Business, College, Communications, Culture, Economics, Education, Employment, Entertainment, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, government, government spending, history, History of Economic Thought, Immigration, Inflation, Investments, Law, liberty, Life, Links, Macroeconomics, media, Microeconomics, Monetary Policy, Money, People, Philosophy, Politics, Raves, Regulations, Talk Radio, Tax Policy, Taxes, Unemployment, Video, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , |

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Rush Limbaugh Details Pat Caddell’s Hammering GOP Consultant Class at CPAC

CPAC 2013 Promotional Video

March 14, 2013: The Day In 100 Seconds

cpac 2013 View from the main stage

Birds eye view CPAC 2013 from upstairs

Revolutionary CPAC 2013

CPAC 2013: Stop the Statists

Shooting Guns At CPAC

Voices of CPAC Why Stand with Rand T-Shirts

CPAC 2013 – The Guardian asks youngsters why they’re here, and what they want to hear

CPAC 2013 – The Guardian asks women if there are enough women at CPAC

Ken Cuccinelli Opens CPAC 2013

CPAC 2013 Invocation

CPAC 2013 – Pledge of Allegiance and Invocation

Governors

CPAC 2013 – Former Governor Mitt Romney (Intro by Gov. Nikki Haley) 

CPAC 2013 – Governor Rick Perry

CPAC 2013 – Governor Bobby Jindal (R-LA)

CPAC 2013 – Governor Scott Walker (R-WI)

Jebby Bush Speech At CPAC 2013 

Senators

CPAC 2013 – U.S. Senate Majority Leader Mitch McConnell (R-KY)

Rand Paul’s CPAC 2013 Speech – 3/14/2013

Pat Toomey’s Full Speech at CPAC 2013

 

CPAC 2013 – US Senator Tim Scott

CPAC 2013 – US Senator Mike Lee

CPAC 2013 – Senator Marco Rubio (R-FL)

CPAC 2013 – U.S. Senator Kelly Ayotte (R-NH)

CPAC 2013 – Rick Santorum

Guest Speakers

CPAC 2013 – President Obama’s Prayer Breakfast Club (feat. Dr. Ben Carson and Eric Metaxas)

CPAC 2013 – Virginia Attorney General Ken Cuccinelli (R-VA)

CPAC 2013 – Judicial Watch’s Tom Fitton

CPAC 2013 – ACU National Director Gregg Keller

CPAC 2013 – Mario Lopez

CPAC 2013 – ACU Chairman Al Cardenas

CPAC 2013 – ACU Award for Conservative Philanthropy dedicated to Foster Friess

Panels

CPAC 2013 – Grover Norquist Moderates Balanced Budget Amendment Panel

CPAC 2013 – “Too Many American Wars” Panel

CPAC 2013 – “Smartest Guys in the Room” Panel 

CPAC 2013 – Respecting Families and the Rule of Law: A Lasting Immigration Policy 

CPAC 2013 – The Fight for Religious Liberty: 40 Years After Roe v. Wade

CPAC 2013 – Benghazi and its Aftermath

Full Tom Cotton Speech at CPAC 2013

Wayne LaPierre CPAC 2013 Speech | NRA vice president Wayne LaPierre ” They Call me Crazy ?! ” 

CPAC 2013 David Bossie President of Citizens United

Donald Trump Speech CPAC 2013

CPAC 2013 – Fight Club (feat. Tucker Carlson and Paul Begala)

CPAC 2013 – The Right View and the Real Issues

Representatives

Congressman Labrador Addresses CPAC 2013

CPAC 2013 – U.S. Representative Paul Ryan (R-WI)

CPAC 2013 – U.S. Representative Michele Bachmann (R-MN)

CPAC 2013 – Rep. Steve Scalise (R-LA), Chairman Republican Study Committee

Congressman Labrador Addresses CPAC 2013

CPAC 2013 – Lt. Col. Allen West

CPAC 2013 – Former U.S. Representative Artur Davis 

Greta Van Susteren on Gov. Christie’s CPAC Snub: ‘This Wasn’t An Accident’

CPAC 2013 – Former Speaker of the House Newt Gingrich

Newt Gingrich Stands With Rand at CPAC

Other

Raw Video from CPAC 2013 / iroots.org

CPAC 2013 – Tea Party Patriot’s Jenny Beth Martin

CPAC 2013 – Kristian Hawkins

CPAC 2013 – David Bossie, Citizens United

CPAC 2013 – Ronald Reagan Dinner (feat. Jeb Bush)

Raw Video CPAC 2013 The Tea Party Guy

Background Articles and Videos

Audio » Mark Levin – CPAC 2013 & William F. Buckley Jr. 1955 Conservatism

Charles Krauthammer Calls Chris Christie’s CPAC Snub A ‘Mistake’

Ron Meyer Analysis of CPAC Invites with Monica Mehta & Julie Roginsky on Neil Cavuto – 3-4-13

Christie Says He’s Not Bothered By Lack of Invite to Conservative Conference

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Neoconservative Progressive Interventionists Attack Classical Liberals — Libertarians — What is new? — So Did Progressive Republican Roosevelt and Progressive Democrat Wilson — Videos

Posted on March 11, 2013. Filed under: American History, Banking, Blogroll, College, Communications, Economics, Education, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, government, government spending, history, Inflation, Investments, Law, liberty, Life, Links, Macroeconomics, media, Monetary Policy, Money, People, Philosophy, Politics, Raves, Tax Policy, Taxes, Unemployment, Video, War | Tags: , , , , , , , , , , , , |

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“If Mr. Paul wants to be taken seriously he needs to do more than pull political stunts that fire up impressionable libertarian kids in their college dorms.”

— Sen. John McCain, R-Ariz., speaking on the Senate floor, quoting a Wall Street Journal editorial attacking Sen. Rand Paul, R-Ky.

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I supported Senator Barry Goldwater for President in 1964 as a classical liberal or libertarian, as did Ronald Reagan.

Today I support Senator Rand Paul for President in 2016.

Senators McCain and Graham remind me of Governor Nelson Rockefeller, another progressive Republican.

Mike Huckabee: Thank you, Rand Paul

Rand Paul Fires Back At Filibuster Critics, Shocks Glenn Beck With Revelation

Shep Smith Offends John McCain W Interventionist Comment Grills Him Over Rand Paul

SA@TAC – What’s a ‘Neoconservative?’

SA@TAC – Ronald Reagan: Isolationist

SA@TAC – John McCain Supports Al-Qaeda

John McCain ATTACKS Rand Paul’s Filibuster

Laura Ingraham: Neoconservative view has clearly hurt the GOP (Rand Paul interview 3/08/13)

STAND WITH RAND

Rand Paul: Time To Bring Troops Home, Cut Foreign Aid, And Fix Entitlements – CNN 3/11/2013

“I Don’t Think We Should Go To War On ONE Person’s Authority” Rand Paul

What is classical liberalism?

Background Articles and Videos

Mind blowing speech by Robert Welch in 1958 predicting Insiders plans to destroy America

Mr. Conservative: Barry Goldwater at the 1964 Republican National Convention

Barry Goldwater: On the Failed Liberal Agenda

“A Time for Choosing” by Ronald Reagan

Congressman Ron Paul, MD – We’ve Been NeoConned

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A Profile in Courage–Stand With Rand Filibuster: Defend and Protect The Constitution and Your 5th Amendment Rights Against Use Of Drones To Target Kill Noncombatant American Citizens — Videos

Posted on March 7, 2013. Filed under: Blogroll, Communications, Economics, Public Sector, Unions, Video, War, Weather, Wisdom | Tags: , , , , , , , , , , |

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Sen. Rand Paul on America’s Newsroom w/ Megyn Kelly to discuss the Brennan Filibuster – 3/7/13

Rand Paul Fires Back At Filibuster Critics, Shocks Glenn Beck With Revelation

Michelle Malkin: Did Rand Paul’s Filibuster Refurbish The Republican Party’s Tarnished Brand? 3/7/13

Sen. Paul appears on CNN’s Newsroom with Dana Bash- 3/7/2013

#StandWithRand Rand Paul Filibuster Highlights

Rand Paul Interview: Rush Limbaugh (7 March 2013)

Drone Strikes: Where Are Obama’s Tears For Those Child Victims?

Yes, Lethal Drone Attacks on Americans Are Allowed, Says Atty General

“The Obama administration believes it could technically use military force to kill an American on U.S. soil in an “extraordinary circumstance” but has “no intention of doing so,” U.S. Attorney General Eric Holder said in a letter disclosed Tuesday.”*

It’s starting to happen. Attorney General Eric Holder says lethal drone attacks without due process on Americans while on American soil, are hypothetically legal. A surprising Republican Senator is standing against it. Do Republicans and Democrats make exceptions for their own “teams?” Cenk Uygur breaks it down.

Sean Hannity & Krauthammer Talk Excitement in GOP Grassroots on Rand Paul Filibuster & Spending Cuts

Drone Strikes on American Citizens, on US Soil. Sen. Rand Paul  Talks with Sean Hannity

Reality Check: Sen. Rand Paul’s Talking Filibuster of John Brennan

Rand Paul blasted  Obama for  using drone strikes against American citizens

Rand Paul “Senators McCain & Graham Voted FOR Indefinite Detention Of Americans!”

What’s ‘Cooler’ Than Being ‘Cool’? Rand Paul’s Filibuster, According To Fox News’ The Five

Importing the War on Terror: Glenn Greenwald & Activist Trevor Timm on Domestic Drone Surveillance

Obama’s Chilling Secrecy, From Denying Drone Program’s Existence to Stonewalling on Legal Memos

Former White House press secretary Robert Gibbs revealed over the weekend he was initially instructed to deny the existence of the Obama administration’s targeted killing program overseas. Even though the administration has since backed down from that stance, it continues to stonewall members of Congress on releasing the Justice Department memos explaining the program’s legal rationale. Unanswered questions around the program have held up the confirmation of CIA nominee John Brennan. “For a program that is so far reaching and that has so many consequences — not just in the word, but for the rule of law — the Obama administration has an obligation to be far more transparent than they’ve been so far,” says Jameel Jaffer, deputy legal director of the American Civil Liberties Union.

US drones killed almost five thousand people