Federal Judge Allows EFF’s NSA Mass Spying Case to Proceed
Rejects Government’s State Secret Privilege Claims in Jewel v. NSA and Shubert v. Obama
EFF | July 8, 2013
San Francisco – A federal judge today rejected the U.S. government’s latest attempt to dismiss the Electronic Frontier Foundation’s (EFF’s) long-running challenge to the government’s illegal dragnet surveillance programs. Today’s ruling means the allegations at the heart of the Jewel case move forward under the supervision of a public federal court.
“The court rightly found that the traditional legal system can determine the legality of the mass, dragnet surveillance of innocent Americans and rejected the government’s invocation of the state secrets privilege to have the case dismissed,” said Cindy Cohn, EFF’s Legal Director. “Over the last month, we came face-to-face with new details of mass, untargeted collection of phone and Internet records, substantially confirmed by the Director of National Intelligence. Today’s decision sets the stage for finally getting a ruling that can stop the dragnet surveillance and restore Americans’ constitutional rights.”
In the ruling, Judge Jeffrey White of the Northern District of California federal court agreed with EFF that the very subject matter of the lawsuit is not a state secret, and any properly classified details can be litigated under the procedures of the Foreign Intelligence Surveillance Act (FISA). As Judge White wrote in the decision, “Congress intended for FISA to displace the common law rules such as the state secrets privilege with regard to matter within FISA’s purview.” While the court allowed the constitutional questions to go forward, it also dismissed some of the statutory claims. A status conference is set for August 23.
EFF’s Jewel case is joined in the litigation with another case, Shubert v. Obama.
“We are pleased that the court found that FISA overrides the state secrets privilege and look forward to addressing the substance of the illegal mass surveillance,” said counsel for Shubert, Ilann Maazel of Emery Celli Brinckerhoff & Abady LLP. “The American people deserve their day in court.”
Filed in 2008, Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA. The case is supported by declarations from three NSA whistleblowers along with a mountain of other evidence. The recent blockbuster revelations about the extent of the NSA spying on telecommunications and Internet activities also bolster EFF’s case.
For the full decision:
https://www.eff.org/node/74895
For more on Jewel v. NSA:
https://www.eff.org/cases/jewel
Five unanswered questions about the NSA’s surveillance programs
By Brendan Sasso | The Hill | 07/07/13
Leaks by former National Security Agency contractor Edward Snowden have provided new insight into how the government monitors domestic and foreign communications for threats to national security.
Although the government has disclosed some additional details about the programs in response to the leaks, important questions remain about the nature and scope of the surveillance programs.
Without that additional information, it is impossible to know the extent to which the government is peering into the lives of Americans in the name of national security, according to privacy advocates.
1. What other data is being collected under the Patriot Act?
The first leak from Snowden was a secret court order demanding that Verizon turn over vast batches of “metadata” on its U.S. customers. The data included the time and duration of calls, as well as the phone numbers involved, but not the contents of the conversations. The data collection was authorized under Section 215 of the Patriot Act.
The Director of National Intelligence (DNI) clarified that while the government does obtain data on millions of U.S. phone calls (and from more companies than just Verizon), it only “queries” the database a limited number of times for specific national security reasons.
Michelle Richardson, a legislative counsel for the American Civil Liberties Union (ACLU), questioned whether the NSA is using Section 215 to collect more than just phone records.
“Is it also financial data or Internet records or other things?” she asked. “Knowing now that the court has been so broad in its interpretation, it’s even more important to figure out what else they’re getting.”
Greg Nojeim, a senior counsel for the Center for Democracy and Technology, said the NSA is likely using the Patriot Act to collect the credit card records and IP addresses of millions of people within and outside of the United States.
2. How broad are the programs?
How many people have been spied on through the NSA programs remains unclear. According to the NSA, it queried its massive database of phone records fewer than 300 times in 2012. But the agency did not disclose figures on other years or how many phone numbers were accessed in those queries.
Richardson explained that a single query could be an algorithm that scans the database and returns information on many people.
The other major program revealed by Snowden is the NSA’s Internet surveillance program, called PRISM. Unlike the phone record collection program under the Patriot Act, the NSA uses PRISM to access the contents of communications, such as emails, video chats, photographs and other information.
According to the DNI, the NSA only accesses those online records if there is a “foreign intelligence purpose” and the target is “reasonably believed” to be outside of the U.S. The program is authorized by Section 702 of the Foreign Intelligence Surveillance Act, and the searches require approval by a secret FISA court.
The NSA has not disclosed how many people it has targeted under Section 702 or how many people were spied on incidentally as part of the program.
“We have no idea how many U.S. persons have had their communications swept up,” said Sharon Bradford Franklin, senior counsel for the Constitution Project.
3. What’s the legal rationale?
The NSA has insisted the surveillance programs comply with the law and are overseen by independent FISA courts. But the opinions of those courts are secret, so little is known about how the courts are enforcing privacy protections or why they signed off on certain surveillance methods.
Section 215 of the Patriot Act allows the government to collect business records if they are “relevant” to a terrorism investigation. The FISA courts have determined that that provision allows the NSA to collect records on virtually all phone calls within and outside of the U.S. Why the court determined that so much data is “relevant” to a terrorism investigation remains unclear.
“Generally we don’t know the legal rationale being offered by the administration and being accepted by the FISA court to justify these particular types of surveillance programs,” Bradford Franklin said. “We should not have secret law in a democracy.”
4. Is the NSA still collecting email records?
One of the latest leaks revealed that beginning in 2001, the NSA collected vast amounts of email records. The NSA was able to identify the email accounts that sent and received messages, as well as IP addresses. The data collection did not include the contents of the emails.
The Obama administration confirmed the existence of the program, but said it ended in 2011 for “operational and resource reasons.”
One major question, according to privacy advocates, is whether the government is still able to obtain similar email records through a separate program.
5. Are there other programs that we don’t know about?
Although the NSA has provided some details about the programs leaked by Snowden, it is unclear what other programs exist and how they work together as part of a broad surveillance strategy.
“There’s this giant surveillance superstructure out there that we’re finally getting glimpses of, but there’s still a lot of questions of how does the whole thing work,” Richardson said.
Related articles
New Snowden leak: Australia’s place in US spying web
RT | July 8, 2013
Ex-NSA contractor and whistleblower Edward Snowden has disclosed his first set of documents outlining Australia’s role in NSA surveillance programs, picking out four facilities in the country that contribute heavily to US spying.
The locations of dozens of the US’s and associated countries signal collection sites have been revealed by Snowden, who leaked classified National Security Agency maps to US journalist Glenn Greenwald, which were then published in the Brazilian newspaper O Globo.
The sites all play a role in the collection of data and interception of internet traffic and telecommunications on a global level.
Australian centers involved in the NSA’s data collection program, codenamed X-Keyscore, include Joint Defence Facility Pine Gap in central Australia and three Australian Signals Directorate facilities: the Shoal Bay Receiving Station in the country’s north, the Australian Defence Satellite Communications Facility on the west coast, and the naval communications station HMAS Harman outside the capital, Canberra.
New Zealand also plays a role, with the Government Security Communications Bureau facility at Waihopai, on the northern point of South Island, also contributing to the program.
X-Keyscore is described as a “national Intelligence collection mission system” by US intelligence expert William Arkin, according to Australian newspaper The Age. It processes all signals prior to being delivered to various “production lines” that deal with more specific issues including the exploration of different types of data for close scrutiny.
The different subdivisions are entitled Nucleon (voice), Pinwale (video), Mainway (call records) and Marina (internet records).
A spokesman for Australian Prime Minister Kevin Rudd declined to comment on the revelatory map, saying that it was not government practice to comment on intelligence matters, according to national broadsheet The Australian.
Australia is one of the “Five Eyes” – an alliance of intelligence-sharing countries which include of the US, United Kingdom, Canada, Australia and New Zealand.
When documents were published pertaining to the British signal intelligence agency, GCHQ’s “Tempora” program, Snowden reportedly commented that the other partners in the “Five Eyes” intelligence “sometimes go even further than the [National Security Agency] people themselves.”
“If you send a data packet and if it makes its way through the UK, we will get it. If you download anything, and the server is in the UK, then we get it,” he said.
In an interview published online last weekend in advance of its printing in German magazine Der Speigel this week, Snowden argued that the NSA was ‘in bed with the Germans’ commenting that the organization of intelligence gathering in countries involved with the organization is such that political leaders are insulated from the backlash, going on to denounce “how grievously they’re violating global privacy.”
Germany reacted to the report on Monday, with German chancellor Angela Merkel’s spokesman, Steffen Seibert, telling Reuters that the Federal Intelligence Agency’s (BND) cooperation with the NSA “took place within strict legal and judicial guidelines and is controlled by the competent parliamentary committee.”
The US and its affiliates have intelligence facilities distributed worldwide in a variety of US embassies, consulates and military facilities. In an earlier report by Der Spiegel, also based on revelations by Snowden, it was revealed that the NSA bugged EU diplomatic offices and gained access to EU internal computer networks.
Related articles
- Snowden links NZ to US spy programme (stuff.co.nz)
- Snowden reveals Australia’s links to US spy web (smh.com.au)
- Snowden releases information about Australian Intelligence gathering programs. (theage.com.au)
Border Patrol Set to Weaponize Drones
By Noel Brinkerhoff | AllGov |July 07, 2013
When Customs and Border Protection (CPB) first got its drones, the rationale for the acquisition was that the unmanned aircraft would help improve monitoring and surveillance along the U.S.-Mexico border.
But now, CPB may be thinking about arming its Predator drones with “non-lethal weapons.”
The Electronic Frontier Foundation (EFF) obtained a report produced by CPB in 2010 that shows the agency has considered equipping its Predators with “non-lethal weapons designed to immobilize” targets of interest. Given the date of the report, it is possible that the weaponization has already taken place.
Predators were first developed for the U.S. military in the 1990s, and are designed to fire missiles, such as the Hellfire. It is unclear at this time what kind of weaponization CPB has in mind for the drones.
Whatever their plans are, “CBP needs to assure the public that it will not equip its Predators with any weapons—lethal or otherwise,” wrote EFF’s Jennifer Lynch. If it doesn’t, Congress should halt the expansion of CBP’s Predator drone program, EFF argues.
AT&T joins Verizon, Facebook in selling customer data
RT | July 6, 2013
AT&T has announced that it will begin selling customers’ smart phone data to the highest bidder, putting the telecommunications giant in line with Verizon, Facebook and other competitors that quietly use a consumer’s history for marketing purposes.
The company claims its new privacy policy, to be updated within “the next few weeks,” exists to “deliver more relevant advertising” to users based on which apps they use and their location, which is provided by GPS-tracking. Apparently recognizing the natural privacy concerns a customer might have, AT&T assured the public that all data would be aggregated and made anonymous to prevent individual identification.
A letter to customers, for instance, described how someone identified as a movie fan will be sent personalized ads for a nearby cinema.
“People who live in a particular geographic area might appear to be very interested in movies, thanks to collective information that shows wireless devices from that area are often located in the vicinity of movie theaters,” the letter states. “We might create a ‘movie’ characteristic for that area, and deliver movie ads to the people who live there.”
A June 28 blog post from AT&T’s chief privacy officer Bob Quinn said the new policy will focus on “Providing You Service and Improving Our Network and Services,” but the online reaction has been overwhelmingly negative, with many customers looking for a way to avoid the new conditions.
“You require that we allow you to store a persistent cookie of your choosing in our web browsers to opt out,” one person wrote. “No mention of how other HTTP clients, such as email clients, can opt out. If you really did care about your customers, you would provide a way for us to opt out all traffic to/from our connection and mobile devices in one easy setting.”
One problem for any customer hoping for a new service is the lack of options, smartphone or otherwise. Facebook, Google, Twitter and Verizon each store consumer data for purposes that have not yet been made clear. And because of the profit potential that exists when a customer blindly trusts a company with their data, small Internet start-ups, including AirSage and many others, have developed a way to streamline information into dollars.
The nefarious aspect of AT&T’s announcement is underscored by the recent headlines around the National Security Agency, which has spent years has compelling wireless corporations to hand over data collected on millions of Americans. Unfortunately for the privacy of those concerned, AT&T’s new policy may only be a sign of things to come.
“Instead of merely offering customers a trusted conduit for communication, carriers are coming to see subscribers as sources of data that can be mined for profit, a practice more common among providers of free online services like Google and Facebook,” the Wall Street Journal wrote about the matter in May.
NSA spies in bed with Germany, other Western states: Snowden
Press TV – July 7, 2013
U.S. intelligence leaker Edward Snowden said the National Security Agency (NSA) has massive spying partnerships with other Western states that are now grumbling about the agency’s surveillance programs.
He made the comments in an interview with U.S. cryptography expert Jacob Appelbaum and documentary filmmaker Laura Poitras before revealing the NSA’s internal and global surveillance programs last month.
NSA spies are “in bed together with the Germans and most other Western states,” Snowden said in remarks published by the German news weekly Der Spiegel on Sunday.
The fugitive leaker added that the NSA has a department called the Foreign Affairs Directorate which coordinates work with Western spying agencies.
Snowden said the NSA, for example, provides Germany’s BND foreign intelligence agency with “analysis tools” for data passing from regions like the Middle East through Germany.
The former NSA contractor has also revealed that the American agency spies on European Union offices in New York, Washington and Brussels, drawing ire from European leaders, especially Germany.
The NSA, according to top secret documents disclosed by Snowden, also collected around half a billion telephone calls, emails or mobile phone text messages and Internet chat entries in Germany per month.
Germany demanded an immediate explanation from the U.S. over the surveillance programs.
Justice minister, Sabine Leutheusser-Schnarrenberger, strongly condemned the U.S. spying, saying it was reminiscent of “the methods used by enemies during the Cold War.”
Snowden, 30, has reportedly holed up in the transit area of Moscow’s Sheremetyevo International Airport since arriving on a flight from Hong Kong on June 23. He is wanted in the US on espionage charges.
Related articles
Montana becomes First State to Require Search Warrants for Cellphone Location Tracking
By Noel Brinkerhoff | AllGov | July 5, 2013
California had its chance, but now Montana has become the first state in the U.S. to require that police obtain a search warrant before using a person’s cellphone records to track their whereabouts.
The new law mandates that law enforcement have probable cause before asking a judge for a warrant that permits the examination of metadata collected by telecommunications companies.
Police can ignore the law if the cellphone is reported stolen or if they are responding to an emergency call from the user.
Lawmakers in California adopted a similar law last year, but Democratic Governor Jerry Brown vetoed it, saying it did not “strike the right balance” between the needs of citizens and law enforcement.
Other states have also considered the legislation. In Maine, a location information privacy bill now awaits approval from the governor. Texas legislators rejected the idea, in spite of recently passing a bill that made its state the first in the nation to require a warrant for email surveillance. Massachusetts lawmakers plan to conduct a hearing on a measure that would require search warrants for location records as well as content of cellphone communications.
Federal legislation—the Geolocational Privacy & Surveillance Act (pdf)—was recently introduced in Congress, but neither the House nor the Senate has taken it seriously so far.
Immigration Reform Bill Gives Big Money Straight to Largest Defense Contractors
By Noel Brinkerhoff and Danny Biederman | AllGov | July 3, 2013
If the U.S. Senate’s version of the immigration reform bill becomes law, the nation’s largest defense contractors will be quite pleased.
Included in the legislation designed to clear the way for millions of illegal immigrants to become citizens are pricey upgrades for improving security along the U.S.-Mexico border. These upgrades consist of specific purchases that the U.S. Customs and Border Protection (CBP) must make, as written into the proposed law.
For starters, six airborne radar systems made by Northrop Grumman will be purchased, at a cost of $9.3 million a piece.
Helicopter manufacturer Sikorsky will benefit, too, from the legislation, through the Border Patrol buying 15 Black Hawks at $17 million each.
The government even has to buy 17 UH-1N helicopters from Bell Helicopter, even though the company no longer makes that particular model.
Watchdog groups say that these forced purchases prevent competition and constitute an end-run around the bidding process.
The spending requirements—which critics say resemble the old and now abolished practice of earmarks—are part of $46 billion in border security improvements that were folded into the Senate bill to win over Republican votes.
Thirty billion dollars will go towards hiring 19,000 more Border Patrol agents, a doubling of the current force which immigration experts claim—according to Matea Gold of The Washington Post—is both “wasteful and unnecessary.” An additional $7.5 billion will help build 350 miles of fencing along the border, and $4.5 billion will buy new border technology.
The plan provides a 60-day window for Homeland Security Secretary Janet Napolitano to substitute “equivalent brands” for the items on the list of required defense industry purchases. But critics say that is unlikely, given that the product list is so specific.
“Lawmakers have put their thumb on the scale for particular products and technologies,” Steve Ellis, vice president of the nonpartisan Taxpayers for Common Sense, told the Post. “And that is hard for an agency to ignore.”
The parent companies of the products’ manufacturers have donated about $11.5 million to federal candidates and their political campaigns during the past four years, with half coming from Northrop Grumman, according to the Center for Responsive Politics.
To Learn More:
Immigration Deal Would Boost Defense Manufacturers (by Matea Gold, Washington Post)
Virtual Border Fence May be Dead, but Spending on Surveillance Continues (by Noel Brinkerhoff, AllGov)
Defense Contractors Turn to Border Control for New Profits (by Noel Brinkerhoff, AllGov)
Texas Outsourcing Border Security (by Noel Brinkerhoff, AllGov)
‘French PRISM’ revealed: All communications tracked, metadata collected
RT | July 4, 2013
The French external intelligence agency spies on French citizen’s phone calls, emails and social media activity and web use, the Le Monde newspaper has reported.
France’s external intelligence agency the DGSE, intercepts signals from computers and telephones in France and between France and other countries in order to get a picture of who is talking to whom, although, apparently, they do not randomly spy on the content of phone calls, the daily revealed on Thursday.
Emails, text messages, telephone records, access to Facebook and Twitter are stored for years. “All of our communications are spied on,” read the article quoting unnamed sources in the intelligence services as well as remarks made publicly by intelligence officials.
The DGSE allegedly stores the metadata from private communications in a basement under its Paris headquarters. All of France’s seven other intelligence services have access to the data and can tap into it freely as a means to spot people’s suspicious communications. Individuals can then be targeted by more intrusive techniques such as phone-tapping, it was reported.
Le Monde pointed out the activities were illegal, but the French national security commission whose job it is to authorize targeted spying, and the parliamentary intelligence committee, challenged the papers report. It said that it works within the law and that the only body in France that collected communication information was a government agency controlled by the Prime Minister’s office to monitor for security breaches.
The report comes after revelations that America’s NSA regularly spies on its own people as well as on European citizens and embassies.
The allegations were leaked by Edward Snowden and published in the German magazine Der Spiegel, and have sparked a furious response from European governments just as a major US-EU trade talks are about to get underway.
The Guardian newspaper reported last month that Britain has a similar spying program and shares vast quantities of information with the NSA through its Prism program.
Related articles
Evo Morales: No Need for US Embassy in Bolivia
Al-Manar | July 5, 2013
Bolivia’s president threatened Thursday to close the US embassy as leftist Latin American leaders joined him in blasting Europe and the United States after his plane was rerouted over suspicions US fugitive Edward Snowden was aboard.
President Evo Morales, who has accused Washington of pressuring European nations to deny him their airspace, warned he would “study, if necessary, closing the US embassy in Bolivia.”
“We don’t need a US embassy in Bolivia,” he said. “My hand would not shake to close the US embassy. We have dignity, sovereignty. Without the United States, we are better politically, democratically.”
Morales arrived home late Wednesday after a long layover in Vienna. He said his plane was forced to land there because it was barred from flying over four European nations over groundless rumours that Snowden was aboard, sparking outrage among Latin American leaders.
The Bolivian president’s air odyssey began hours after Morales declared in Moscow he would consider an asylum application from Snowden, who is holed up at a Moscow airport as he seeks to evade US espionage charges for revealing a vast Internet and telephone surveillance program.
In a show of support, the presidents of Venezuela, Argentina, Ecuador, Uruguay and Suriname met with Morales in the central Bolivian city of Cochabamba to discuss the incident. They demanded that the four European countries — Spain, France, Italy and Portugal — explain their actions and apologize, saying that the treatment of Morales was an insult to Latin America as a whole.
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From the Archives
Genetic baloney in thick slices
MAYBE COULD BE INC.
By Jon Rappoport | No More Fake News | July 8, 2021
Gene research companies tend to come and go. They start out banging and popping like fireworks in the sky, and then they fade out—selling themselves to larger outfits who’ve hired better liars…
Once upon a time, it sounded easy. Start with a disease, find the gene responsible for the disease, and correct the problem.
Then, researchers wondered, was disease the result of one gene or a group of genes acting together?
Either way, the proof would be in devising cures for diseases using gene therapy. “Not yet, but soon…”
And regardless, the major need was: money. Lots and lots of money.
This need required good PR people. “We have to pump up the idea that we’re on the edge of tremendous breakthroughs. We’re always on that edge…”
This hype also needed to obscure the fact that there wasn’t (and isn’t) ANY gene cure for ANY disease. … continue
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