NSA infected 50,000 computer networks with malicious software
NRC NIEUWS | November 23, 2013
The American intelligence service – NSA – infected more than 50,000 computer networks worldwide with malicious software designed to steal sensitive information. Documents provided by former NSA-employee Edward Snowden and seen by this newspaper, prove this.
A management presentation dating from 2012 explains how the NSA collects information worldwide. In addition, the presentation shows that the intelligence service uses ‘Computer Network Exploitation’ (CNE) in more than 50,000 locations. CNE is the secret infiltration of computer systems achieved by installing malware, malicious software.
One example of this type of hacking was discovered in September 2013 at the Belgium telecom provider Belgacom. For a number of years the British intelligence service – GCHQ – has been installing this malicious software in the Belgacom network in order to tap their customers’ telephone and data traffic. The Belgacom network was infiltrated by GCHQ through a process of luring employees to a false Linkedin page.
NSA special department employs more than a thousand hackers
The NSA computer attacks are performed by a special department called TAO (Tailored Access Operations). Public sources show that this department employs more than a thousand hackers. As recently as August 2013, the Washington Post published articles about these NSA-TAO cyber operations. In these articles The Washington Post reported that the NSA installed an estimated 20,000 ‘implants’ as early as 2008. These articles were based on a secret budget report of the American intelligence services. By mid-2012 this number had more than doubled to 50,000, as is shown in the presentation NRC Handelsblad laid eyes on.
Cyber operations are increasingly important for the NSA. Computer hacks are relatively inexpensive and provide the NSA with opportunities to obtain information that they otherwise would not have access to. The NSA-presentation shows their CNE-operations in countries such as Venezuela and Brazil. The malware installed in these countries can remain active for years without being detected.
‘Sleeper cells’ can be activated with a single push of a button
The malware can be controlled remotely and be turned on and off at will. The ‘implants’ act as digital ‘sleeper cells’ that can be activated with a single push of a button. According to the Washington Post, the NSA has been carrying out this type of cyber operation since 1998.
The Dutch intelligence services – AIVD and MIVD – have displayed interest in hacking. The Joint Sigint Cyber Unit – JSCU – was created early in 2013. The JSCU is an inter-agency unit drawing on experts with a range of IT skills. This new unit is prohibited by law from performing the type of operations carried out by the NSA as Dutch law does not allow this type of internet searches.
The NSA declined to comment and referred to the US Government. A government spokesperson states that any disclosure of classified material is harmful to our national security.
Online surveillance threatens democracy: web creator
Inventor of the World Wide Web Tim Berners-Lee
Press TV – November 23, 2013
Internet surveillance by British and US spying agencies has posed a threat to online freedom and the future of democracy, British inventor of the World Wide Web Tim Berners-Lee has warned.
Berners-Lee said some governments are jeopardized by how the Internet and social media help exposing wrongdoings across the planet, adding that the “growing tide of surveillance and censorship now threatens the future of democracy”.
He also said that whistleblowers who have leaked secret surveillance by US National Security Agency (NSA) and Britain’s eavesdropping agency the Government Communications Headquarters (GCHQ) deserve praise and need to be protected.
Berners-Lee’s comments come after classified documents, leaked by US whistleblower and former NSA contractor Edward Snowden in June, showed the NSA and its British counterpart the GCHQ had been eavesdropping on millions of American and European phone records and the Internet data.
“Countries owe a lot to whistleblowers – there’s a series of whistleblowers who have been involved. Snowden is the latest. Because there was no way we could have had that conversation without them,” he said at the launch of a new index showing web freedoms around the world.
“At the end of the end day when systems for checks and balances break down we have to rely on the whistleblowers – I think we must protect them and respect them,” he added.
In his interview with The Guardian earlier this month, Berners-Lee described the spying activities by the US and UK spying agencies as “dysfunctional and unaccountable.”
The inventor of the World Wide Web slammed the US and British governments for weakening online security and said their spying activities have contradicted all efforts to stop cybercrime and cyber warfare.
Feds: Even Though We’ve Been Ordered To Reveal Secret Interpretation Of The PATRIOT Act, We’re Not Going To Do That
By Mike Masnick | Techdirt | November 19, 2013
You may recall that, back in early September, the FISA Court (FISC) agreed that its various rulings that secretly interpreted Section 215 of the PATRIOT Act to mean something entirely different than any plain language reading of the law implies should be declassified. Here’s what the court said at the time:
The unauthorized disclosure in June 2013 of a Section 215 order, and government statements in response to that disclosure, have engendered considerable public interest and debate about Section 215. Publication of FISC opinions relating to this provision would contribute to an informed debate. Congressional amici emphasize the value of public information and debate in representing their constituents and discharging their legislative responsibilities. Publication would also assure citizens of the integrity of this Court’s proceedings.
In addition, publication with only limited redactions may now be feasible, given the extent of the government’s recent public disclosures about how Section 215 is implemented. Indeed, the government advises that a declassification review process is already underway.
In view of these circumstances, and as an exercise of discretion, the Court has determined that it is appropriate to take steps toward publication of any Section 215 Opinions that are not subject to the ongoing FOIA litigation, without reaching the merits of the asserted right of public access under the First Amendment.
It then instructed the DOJ to figure out what to redact, so it could be declassified and released. Except… the DOJ instead fought that order, and while it did find some documents that meet the criteria — namely a ruling from February of this year — the DOJ is now telling the FISA Court that despite the order, it would really prefer to keep that interpretation of the law a complete secret. Actually, it goes further than that. It doesn’t ask for permission to keep it secret, it just says that it cannot reveal the interpretation.
After careful review of the Opinion by senior intelligence officials and the U.S. Department of Justice, the Executive Branch has determined that the Opinion should be withheld in full and a public version of the Opinion cannot be provided.
Got that? This secret court interpretation of a law that we all live under, which the court itself has ordered to be revealed, is unlikely to be revealed because the intelligence community really, really doesn’t want it revealed. Again, this is not about so-called “sources and methods.” This is entirely about understanding how a US court interprets a US law. But that interpretation is secret, meaning that the law itself is secret, and apparently the executive branch of the federal government is going to fight to keep it that way.
Supreme Court blocks challenge to NSA phone tracking
RT | November 18, 2013
The Supreme Court announced Monday morning that it would not be considering at this time a complaint filed months earlier that challenged the legality of the National Security Agency’s dragnet telephone surveillance program.
The high court issued a notice early Monday without comment acknowledging that it would not be weighing in on a matter introduced this past June by a privacy watchdog group after NSA leaker Edward Snowden revealed evidence showing that the United States intelligence agency was collecting metadata pertaining to the phone calls of millions of American customers of the telecommunications company Verizon on a regular basis.
That disclosure — the first of many NSA documents leaked by Mr. Snowden — prompted the Washington, DC-based Electronic Privacy Information Center, or EPIC, to ask the Supreme Court to consider taking action that would end the collection of phone records on a major scale.
When EPIC filed their petition in June, they wrote, “We believe that the NSA’s collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974 and the Foreign Intelligence Surveillance Act of 1978 as amended.”
“We ask the NSA to immediately suspend collection of solely domestic communications pending the competition of a public rulemaking as required by law. We intend to renew our request each week until we receive your response,” EPIC said.
Five months later, though, the Supreme Court said this week that it would not be hearing EPIC’s plea. A document began circulating early Monday in which the high court listed the petition filed by the privacy advocates as denied.
With other cases still pending, however, alternative routes may eventually lead to reform of the NSA’s habits on some level. Lower courts are still in the midst of deciding what action they will take with regards to similar lawsuits filed by other groups in response to the Snowden leaks and the revelations they made possible. The American Civil Liberties Union, the Electronic Frontier Foundation and conservative legal activist Larry Klayman have filed separate civil lawsuits in various US District Courts challenging the NSA’s program, all of which are still pending.
Cindy Cohn, the legal director of the EFF, told the Washington Post only weeks after the first Snowden leak appeared that the disclosures had been a “tremendous boon” to other matters being litigated, and pointed to no fewer than five previously-filed complaints challenging various government-led surveillance programs.
“Now that this secret surveillance program has been disclosed, and now that Congressional leaders and legal scholars agree it is unlawful, we have a chance for the Supreme Court to weigh in,” EPIC lead counsel Alan Butler told The Verge on Monday.
Related article
- Supreme Court blocks challenge to NSA phone tracking (theverge.com)
UN envoy ‘shocked’ by UK’s ‘unacceptable’ persecution of The Guardian over Snowden leaks
RT | November 16, 2013
A senior United Nations official responsible for freedom of expression has warned that the UK government’s response to revelations of mass surveillance by Edward Snowden is damaging Britain’s reputation for press freedom and investigative journalism.
The UN special rapporteur, Frank La Rue, has said he is alarmed at the reaction from some British politicians following the Guardian’s revelations about the extent of the secret surveillance programs run by the UK’s eavesdropping center GCHQ and its US counterpart the NSA (National Security Agency), it was reported in the Guardian.
“I have been absolutely shocked about the way the Guardian has been treated, from the idea of prosecution to the fact that some members of parliament even called it treason. I think that is unacceptable in a democratic society,” said La Rue.
Speaking to the Guardian La Rue said that national security cannot be used as an argument against newspapers for publishing information that is in the public interest even if doing so is embarrassing for those who are in office.
The Guardian as well as other major world media organizations including the New York Times, the Washington Post and Der Spiegel began disclosing details about the US and UK’s mass surveillance programs in June, after receiving leaked documents from former NSA contractor, Edward Snowden.
The publications have sparked a huge global debate on whether such surveillance powers are justified, but in Britain there have been calls for the Guardian to be prosecuted and the editor, Alan Rusbridger, has been called to give evidence to the home affairs select committee.
The Prime Minister David Cameron has even warned that unless the newspaper begins to demonstrate some social responsibility, then he would take “tougher measures” including the issuing of D notices, which ban a newspaper or broadcaster from touching certain material.
While on Friday the New York Times wrote an editorial entitled “British press freedom under threat”. It said, “Britain has a long tradition of a free inquisitive press. That freedom, so essential to democratic accountability, is being challenged by the Conservative-Liberal coalition government of Prime Minster David Cameron.”
The op-ed added that Britain, unlike the US has no constitutional guarantee of press freedom.
“Parliamentary committees and the police are now exploiting that lack of protection to harass, intimidate and possibly prosecute the Guardian newspaper,” the leader read.
Frank La Rue’s intervention comes just days after a delegation of some of the world’s leading editors and publishers announced they were coming to Britain on a “press freedom mission”.
The trip is being organized by the Paris based, World Association of Newspapers and News Publishers (WAN-IFRA), and will arrive on UK soil in January. WAN-IFRA says it will include key newspaper figures from up to five continents and that this is the first mission of this kind to the UK ever.
The delegation is expected to meet government leaders and the opposition, as well as press industry figures and civil society and freedom of speech organizations. Their discussions are expected to focus on the political pressure brought to bear on the Guardian.
“We are concerned that these actions not only seriously damage the United Kingdom’s historic international reputation as a staunch defender of press freedom, but provide encouragement to non-democratic regimes to justify their own repressive actions,” Vincent Peyregne, the Chief of the WAN-IFRA, told the Guardian.
newspaper posed a threat to the UK national security.
Also in October, British Prime Minister David Cameron called on The Guardian and other newspapers to show “social responsibility” in the reporting of the leaked NSA files to avoid high court injunctions or the use of D-notices to prevent the publication of information that could damage national security.
La Rue’s remarks come as an international delegation is set to visit Britain over growing concerns about press freedom in the country and a government crackdown on media reporting leaks and scandals.
Organized by the World Association of Newspaper and News Publishers (WAN-IFRA), the delegation, which includes publishers and editors from five continents, will arrive in January.
The team will reportedly meet with government, opposition figures and media representatives.
Related article
NSA Still Not Sure What Snowden Took, But May Try To Pre-empt Future Leaks
By Mike Masnick | Techdirt | November 15, 2013
We’ve been among those who have suggested that the best way for the NSA to deal with the upcoming NSA leaks is to just stop lying and come clean about what they’re doing. It’s such a crazy suggestion that even former NSA boss Bobby Ray Inman has suggested it as well. It looks like the NSA is considering revealing something, but it’s likely to be pretty limited:
With respect to other information held by Snowden and his allies but not yet publicized, the NSA is now considering a proactive release of some of the less sensitive material, to better manage the debate over its surveillance program.
“We’re working on how do we do that,” says Richard Ledgett, the NSA official in charge of the agency’s response to the Snowden disclosures.
This came following a story about Keith Alexander claiming that Snowden may have taken “up to 200,000” documents with him — a number that has generated some headlines. Of course, when you read the details, you realize that while Alexander quoted a range that had 200,000 as the ceiling, it also notes that officials at the NSA “remain unsure which documents he downloaded for leaking to the media.” Yes, nearly six months in, they still don’t know what he took. And this is the agency saying that they have such great audits that no one can abuse their systems? Really?
Glenn Greenwald has already mocked the claim of 200,000 documents (and, I was pretty sure in the past he had put the number in the tens of thousands — closer to 60,000). But, once again, we’re left wondering how the NSA can claim it has controls in place when it still has no idea what happened. Either way, open on up, NSA. Let’s see what you’ve got. I’m sure that each attempt to spin things will be quickly debunked by actual documents from Snowden.
Related article
The House Intelligence Committee’s Misinformation Campaign About the NSA
By Mark M. Jaycox | EFF | November 12, 2013
Rep. Mike Rogers, Chair of the House Permanent Select Committee on Intelligence (HPSCI), is a busy man. Since June, he (and HPSCI) have been all over the media with press statements, TV appearances, and tweets, relentlessly trying to persuade the public that the National Security Agency (NSA) is merely doing its job when it collects innocent Americans’ calling records, phone calls, and emails.
One such release is a “Myths v. Facts” page tackling the fact and fiction of the NSA’s activities. In addition to collecting phone calls and emails, we now know these practices include deliberately weakening international cryptographic standards and hacking into companies’ data centers, but, unfortunately, the page is misleading and full of NSA talking points. And one statement is downright false.
Wrong Information
In the “Myths v. Facts” page, HPSCI touts company cooperation with the spying programs, writing: the NSA is not stealing data from tech companies without their knowledge. But two weeks ago, the Washington Post reported the exact opposite: the NSA secretly broke into the main links connecting data centers within Yahoo! and Google. Time for an update?
HPSCI is supposed to be informed of significant intelligence activities—and given Rep. Rogers’ well–publicized concerns over cybersecurity (he introduced a bill called CISPA), we’d expect him to ensure the committee knew of such an attack if he’d been informed. Members of Congress must find out whether HPSCI knew about the attacks on private companies, and if they did, why they published such misinformation.
Word Games
The document also uses two different word games. First, it sets up a straw man by focusing on how the phone records program using Section 215 of the Patriot Act doesn’t collect the content of Americans’ communications. But NSA is using Section 215 to collect “metadata” that reveals every American’s calling records—calls to your doctor, your church, your partner, etc.—which severely chills core Constitutional freedoms.
HPSCI’s site neglects to note that the ongoing leaks provide evidence that, while spying on foreigners, the NSA collects Americans’ phone calls, emails, and other content using Section 702 of the Foreign Intelligence Surveillance Act. Instead of discarding emails belonging to innocent Americans’, the NSA keeps the communications. The Intelligence Committee document completely ignores this point by focusing on Section 702’s prohibition of “targeting” Americans. That’s a red herring: regardless of “targeting,” the NSA is still collecting and storing the content of Americans’ phone calls and emails without a warrant.
The “Facts” Continue
HPSCI also tells us that members of Congress were fully aware of the programs. But freshmen members of Congress have noted that that they were not shared important documents before key votes in December 2012 reauthorizing the Patriot Act and the Foreign Intelligence Surveillance Amendments Act. More generally, senior members of Congress have decried briefings by the intelligence community as playing a game of “20 questions.” Just last week, Sen. Dianne Feinstein, Chair of the Senate Select Committee on Intelligence (SSCI, the Senate counterpart to HPSCI), admitted how hard it is to get straight answers. In a recent article, she noted: “Once it gets started in one administration or two administrations back, it just continues on. They grow, they mutate, whatever it may be. You wouldn’t know to ask, that’s the thing. I wouldn’t have known to ask.”
Lastly, HPSCI says that the NSA isn’t “using the ‘[Business Records]’ program to do extensive data mining on Americans’ phone records.” The Business Records program may not be doing the actual data mining, but as we noted in our recent post on Executive Order 12333, there are secret guidelines that supposedly allow NSA to use the metadata collected under Section 215 and Section 702 to map out social networks. Essentially, the data mining is occurring under a different program that is still secret, and unknown, to the American public.
The Intelligence Committees’ Role in Oversight and Information
HPSCI, like SSCI, was originally created in the 1970s after the Church and Pike committees investigated the activities of the intelligence community, found systemic abuses of privacy and civil liberties, and recommended reforms to prevent those abuses from happening again. Its primary responsibility is to oversee the intelligence community and to inform the public and Congress about the intelligence community’s activities. We need HPSCI to tell the truth. That’s clearly not the case with the supposed “Myths v. Facts” website. And it’s sad to see a committee originally created to rein in the abuses of the intelligence community—as when NSA collected every single telegram leaving the country—tout incorrect or misleading talking points.
Congress Must Investigate
It’s one of the many reasons why Congress must establish a special investigatory committee into the spying as a result of the Intelligence Committee’s inability to release factual information about the spying. A special investigatory committee could look into the NSA’s activities and perform a review of the current oversight regime—paying particular attention to what other information the NSA is collecting about innocent users and how Congress can be better informed. As this document shows, members of Congress and the general public should not rely solely on HPSCI for facts about the NSA’s activities. It also forces us to ask: How much do these intelligence committees really know about what the intelligence community is doing? Do they understand enough about what they don’t know to be able to avoid unwittingly misinforming us?
Related articles
- NSA’s Notion of Regaining Confidence (emptywheel.net)
- Less Than 20% Of Americans Believe That There’s Adequate Oversight Of The NSA (alethonews.wordpress.com)
Cell Phone Manufacturers Offer Carefully Worded Denials To Question Of Whether NSA Can Track Powered-Down Cell Phones
By Tim Cushing | Techdirt | November 13, 2013
Back in July, a small but disturbing detail on the government’s cell phone tracking abilities was buried inside a larger story detailing the explosive expansion of the NSA post-9/11. Ryan Gallagher at Slate pulled this small paragraph out and highlighted it.
By September 2004, the NSA had developed a technique that was dubbed “The Find” by special operations officers. The technique, the Post reports, was used in Iraq and “enabled the agency to find cellphones even when they were turned off.” This helped identify “thousands of new targets, including members of a burgeoning al-Qaeda-sponsored insurgency in Iraq,” according to members of the special operations unit interviewed by the Post.
Ars Technica reports that some security researchers are calling this statement into question and have contacted cell phone providers for statements on the NSA’s claim. Only a few have responded at this point, and their denials have been worded very specifically.
Google had this to say:
When a mobile device running the Android Operating System is powered off, there is no part of the Operating System that remains on or emits a signal. Google has no way to turn on a device remotely.
Google may not have a way, but that doesn’t mean the NSA doesn’t.
Nokia:
Our devices are designed so that when they are switched off, the radio transceivers within the devices should be powered off. We are not aware of any way they could be re-activated until the user switches the device on again. We believe that this means that the device could not be tracked in the manner suggested in the article you referenced.
Once again, we’re looking at words like “should” and “not aware.” This doesn’t necessarily suggest Nokia does know of methods government agencies could use to track phones that are off, but it doesn’t entirely rule it out either.
Samsung’s response is more interesting. While declaring that all components should be turned off when the phone is powered down, it does acknowledge that malware could trick cell phone users into believing their phone is powered down when it isn’t. Ericsson, which is no longer in the business of producing cell phones (and presumably has less to lose by being forthright), was even more expansive on the subject.
The only electronics normally remaining in operation are the crystal that keeps track of time and some functionality sensing on-button and charger connection. The modem (the cellular communication part) cannot turn on by itself. It is not powered in off-state. Power and clock distribution to the modem is controlled by the application processor in the mobile phone. The application processor only turns on if the user pushes the on-switch. There could, however, be potential risks that once the phone runs there could be means to construct malicious applications that can exploit the phone.
On the plus side, the responding manufacturers seem to be interested in ensuring a powered down phone is actually powered down, rather than just put into a “standby” or “hibernation” mode that could potentially lead to exploitation. But the implicit statement these carefully worded denials make is that anything’s possible. Not being directly “aware” of something isn’t the same thing as a denial.
Even if the odds seem very low that the NSA can track a powered down cell phone, the last few months of leaks have shown the agency has some very surprising capabilities — some of which even stunned engineers working for the companies it surreptitiously slurped data from.
Not only that, but there’s historical evidence via court cases that shows the FBI has used others’ phones as eavesdropping devices by remotely activating them and using the mic to record conversations. As was noted by c|net back in 2006, whatever the FBI utilized apparently worked even when phones were shut off.
The surveillance technique came to light in an opinion published this week by U.S. District Judge Lewis Kaplan. He ruled that the “roving bug” was legal because federal wiretapping law is broad enough to permit eavesdropping even of conversations that take place near a suspect’s cell phone.
Kaplan’s opinion said that the eavesdropping technique “functioned whether the phone was powered on or off.” Some handsets can’t be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set.
While the Genovese crime family prosecution appears to be the first time a remote-eavesdropping mechanism has been used in a criminal case, the technique has been discussed in security circles for years.
Short of pulling out the battery (notably not an option in some phones), there seems to be little anyone can do to prevent the device from being tracked and/or used as a listening device. The responding companies listed above have somewhat hedged their answers to the researcher’s questions, most likely not out of any deference to government intelligence agencies, but rather to prevent looking ignorant later if (or when) subsequent leaks make these tactics public knowledge.
Any powered up cell phone performs a lot of legwork for intelligence agencies, supplying a steady stream of location and communications data. If nothing else, the leaks have proven the NSA (and to a slightly lesser extent, the FBI) has an unquenchable thirst for data. If such exploits exist (and they seem to), it would be ridiculous to believe they aren’t being used to their fullest extent.
Australia Spies On its Own Citizens
The Australian security state is collecting intelligence on a scale never seen before
By Murray Hunter | Asia Sentinel | November 11, 2013
Through rapid technology advances the Australian security apparatus has grown to an Orwellian scale. This has not necessarily been at the design of any elected government but something the Australian bureaucracy was forthright in promoting.
The executive government has only superficial control over the Australian surveillance system. It is fully integrated with the NSA apparatus which immediately brings up an issue about sovereignty. This is not about a country’s sovereignty over land, but knowledge. The international exchange of security information is a challenge to human rights of Australian citizens that has to be grappled with.
Consequently, it is not in the interests of the Australian or US intelligence community for any public or even parliamentary discussion. The idea that the parliament and executive are in total control of government is a myth.
Through technology and its innovative applications, the concept of privacy has been reframed to the point of anything a person does outside of the home or on a computer is public domain, captured through any of the large array of assets that can be utilized for surveillance.
This has allowed the creation of a new premise that has grown up through the administrative arm of the Australian Government, one of compliance. Australia seems to have adopted an almost fanatical compliance culture where the administrators believe that they are the natural custodians of Australia’s security interests, over the temporarily elected politicians of the day.
Some of the methods the Australian security state utilizes for intelligence gathering, storing, and collation are well documented and summarized below:
- The Australian Government database is a highly sophisticated group of electronic document and records management system(s) (EDRMS) for collating, storing, and matching data between various agencies and levels of governments. Consequently data collected by the Australian Taxation Office (ATO), social security (Centrelink), Medicare, immigration, customs, and police enforcement agencies are integrated with relational databases and query systems. This is supplemented by individual agency databases with extremely detailed information on citizens. They carry an almost complete personal history of residential details going back decades, income, occupation, spouses, children, social security benefits, medical, and travel information, etc. These systems can be accessed by almost anybody within the public service. Every agency within the government has become part of the intelligence collection network. According to academics Paul Henman and Greg Marston of the University of Queensland, these systems that enable agencies to determine client eligibility for services are highly intrusive and used with a prevailing deep suspicion of citizens in regards to their continuing eligibility for services.
- The most recent revelations in the news about the ‘five eye’ countries eavesdropping on their citizens phone conversations, emails, and other electronic communications has been astounding. Through meta-data collection systems like PRISM and ECHELON are highly likely to be also operating within Australia due to the close relationship between the NSA and Australian intelligence community. According to AFP assistant commissioner Neil Gaughan, Australian intelligence has a much better relationship with the telecommunications companies than the US intelligence agencies. However, this doesn’t appear to be a new occurrence. A reliable source working within one of the Australian telephone companies when manual exchanges were operating confirmed that ASIO and state special branches had secret rooms within the exchanges to run phone tapping operations.
- The NSW police are using an Automated Number Plate Recognition (ANPR) system which takes continuous snapshots of car number plates. This is supplemented by tracking cars when they go through tolls.
- Law enforcement agencies have announced that they are preparing to utilize drones for crime surveillance in the not too distant future.
- State and Federal Governments have been encouraging citizens to inform on other citizens they suspect of breaking the law. Government campaigns have been very successful in achieving all-time high numbers of informants in crime, social security, and taxation related matters.
The incredible power of the above described databases are exponentially enhanced when coupled with recent developments in cellular, RFID, internet, and other computer technologies. When private data in retail, banking, travel, health and insurance, etc., is linked to Intelligence collected by government, the value of data becomes massively enriched. Data collected by private organizations and utilized by security services include:
- The internet domain is under constant surveillance. Companies like Google, Yahoo, Facebook, and Twitter utilize tracking cookies to gather data on users. Australian security agencies employ private contractors like the National Open Source Intelligence Centre (NOSIC) to monitor, collate, and report on publically accessible information about individuals and organizations.
- Many business organizations such as shopping centres and banks now utilize CCTV. These assets can be utilized by security organizations to track and monitor individuals. This is now being supplemented with media access control (MAC) systems which can track smartphones. This technology is already being used in three Westfield shopping centres.
- Numerous private databases like electronic tenancy database which has detailed information. These include tenancy history, insurance company records that detail individuals insured assets, bank records, and university records. These can all be accessed by security agencies.
- Mobile phones can be used as a means to track people through inbuilt GPS on smartphones, triangulation, or through electronic data-collectors designed to identify individual mobile phones in public places.
- People’s purchase history and movements can be tracked through the use of credit, debit, and loyalty card purchases.
Emails, phones calls, places people go, and purchase history, in the context of other data collected has the latent potential to build up a profile on anybody. Data from social media like Facebook can enhance these profiles greatly by adding thought and behavior information. It’s the collection of small bits of information that can be collated into big pictures. Australian intelligence can retro-actively analyse anybody with the data they have access to.
Since 2007, when amendments to the Telecommunications (Interception & Access) Act 1974 were made during the last days of the Howard Government, government agencies have the power to search meta-data without the individual’s knowledge or any warrant.
CCTV cameras have been installed in many communities without the development of privacy policies on how they should be used. The law has yet to catch up with the ability to collect data.
Up until the 1980s most intelligence gathering was targeted monitoring of specific groups where ‘persons of interest’ were identified for intensive surveillance. ASIO and state special branches were videotaping activists primarily from the ‘left’. Surveillance was undertaken by ASIO and state special branches, where operatives used electronic means for eavesdropping, keeping index cards and files on ‘persons of interest’, recording mainly hearsay information.
Even then, red flags emerged. Peter Grabosky of the Australian Bureau of Criminology pointed out that ‘thought and discussion of public issues may be suppressed……and….excess use of (surveillance) may inhibit democratic and political freedom more subtly’. In addition, he believed that malicious accusations made from erroneous records produce false information which made innocent people suffer at the hands of the security agencies.
This problem can’t be corrected as these records are not assessable to be corrected for errors. The Mohamed Haneef arrest by the AFP in July 2007 where it was alleged he was connected with a terrorist cell in the UK, but later exonerated, hints at the security services being very territorial and ‘out of control’, where ASIO knew of Dr. Haneef’s innocence but didn’t advise the APF.
Faceless bureaucrats are the ones defining who were the enemies of the state. There appears to be a general inability to discriminate between healthy dissent in a political democracy and subversion.
Where no tangible threats existed to national security, lesser ones were perceived to be grave threats or even invented – remember “weapons of mass destruction” in Iraq.
The rise of surveillance should not be understood as purely a technological development. It should be seen as a broader economic, social, and political paradigm shift within society where the balance of power has shifted away from the people and towards the state. There also appears to be a shift of power away from executive government towards an unelected bureaucracy. What makes this even more perplexing is that we don’t even know who these people really are.
The Sydney Morning Herald just ran a story that intelligence data was passed on to assist the mining giant BHP. Moreover, the human rights website WEBMOBILIZE alleges in a recent article that the Australian security apparatus is being used to steal intellectual property from companies and passing it over illegally to competitors. Some of the organizations that have been alleged to receive unlawfully gained IP include the University of Melbourne, Ageis Media, Telstra, Sensis, Deakin University, Belgravia Health and Business Group, Channel Nine, Nine Entertainment, Nine MSN, Corporate health management, Fairfax media, the Herald Sun, The Guardian, Nintendo, and the Australian Labor Party (ALP)and Liberal National Party (LNP).
There has been little in the way of public debate, nor much concern shown by the major political parties.
The powers to detain anyone under section 34D of the Australian Security Intelligence Organization Act 1979 for up to seven days without the right to reveal their detention, resembles the mechanisms of a police state.
With an annual growth rate of more than 20% and budget of over $4 Billion p.a., ASIO has a new $500 Million building in Canberra and a secret data storage facility is being built at the HMAS Harman Naval Base, near Canberra, where details are except from public account committees. When other government programs are being cut, the deep philosophical question of why there is a need to continue the increase of funding for surveillance of the nation’s citizens requires national discussion.
Mass surveillance doesn’t seem to have much to do with terrorism as it has to do with keeping check on what people are doing. It seems to be more of an intimidating compliance mechanism, aimed at protecting public revenue, preventing and detecting crime, tax evasion, and fraud.
The rapid increase in staff within ASIO from 618 in 2000 to 1860 in 2010 has meant that the organization now primarily relies upon young and inexperienced analysts in their 20s and 30s. This means that Australia is at the mercy of a “Gen Y” culture that has grown up connected to the cyber world where a sense of privacy is very different to generations before them. Newly uncovered evidence suggests that ASIO has gone to great lengths to spy on people who have broken no laws.
Through Australia’s history Australian Security Agencies have blundered in the assessments they have made on many issues. The 2004 Flood report commenting on the “failure of intelligence” on Iraq stated that these weaknesses included “a failure to rigorously challenge preconceptions”, and the absence of a “consistent and rigorous culture of challenge to and engagement with intelligence reports”. Flood found an inconsistency in assessments and very shallow analytical abilities within the security agencies he examined. On many occasions, particularly during the Howard years, intelligence analysis was ‘bastardized” by political agenda. Those who criticized the political agenda ran the risk of being reframed from dissidents and classed as deviants who come under security surveillance.
The question here, can government with a long history of cover-ups be trusted?
The dream of a fair, just, and equitable Australian society where sovereignty is in the hands of its citizens may be one of the greatest myths. Australia’s surveillance on its own has eaten into and taken away many of the rights and liberties of Australians, turning society into one of mistrust.
This cannot be really satisfactorily answered relying only on public domain knowledge. We can only make guesses. However one undeniable fact is that there is presently a hidden and totally unaccountable part of government that is changing the nature of society. It is here where no media organizations are asking any questions.
We have entered into a new period of governance. We are now in an age of governance by surveillance of the masses by a few unknown elite and unaccountable people. Communist totalitarianism may have collapsed in Europe in 1991 with the fall of the Soviet Union, but the “free world’s” version of surveillance and intelligence would have made Stalin, Honecker, and Ceauşescu very jealous.
The lack of transparency is becoming indefensible. Without scrutiny the Australian security apparatus is the loose cannon of the Bureaucracy which will cause many reverberations like the destruction of peoples’ livelihoods through IP theft, or the ruining of peoples’ reputations through persecution.
There has never been a public mandate for the development of such an extensive surveillance program. Is the money being spent justified?
Less Than 20% Of Americans Believe That There’s Adequate Oversight Of The NSA
By Mike Masnick | Techdirt | November 11, 2013
One of the key responses from the NSA and its defenders to all of these Snowden leaks is that there is “rigorous oversight” of the NSA by the courts and Congress. Of course, that talking point has been debunked thoroughly, but NSA defenders keep trotting it out. It appears that the public is not buying it. At all. A recent poll from YouGov found that only 17% of people believe that Congress provides “adequate oversight” on the spying of Americans. A marginally better 20% (though, within the 4.6% margin of error, so meaningless difference really) felt that Congress provides adequate oversight of the NSA when it comes to collecting data on foreigners. Basically, that part of the NSA story just isn’t particularly believable in light of everything that’s come out. Oh, and people are paying attention to the news. A full 87% had heard something about the spying on foreign countries — with only 14% thinking that such a program has helped US interests abroad.
Oh, and it gets worse. According to a different study, the more informed people are about the NSA, the less they like what the NSA is doing. The NSA has been insisting if people could only understand more about its actions they’d be much more comfortable with the agency’s actions, but this study suggests that’s not quite true either.
Neither of these findings should come as a shock to most people outside of the NSA, but for our friends over at the NSA reading this, it would appear that your talking points aren’t working. Perhaps, next time, try (1) telling the truth and (2) not trampling all over the Constitution.
Related articles
- Five Reactions To Dianne Feinstein Finally Finding Something About The NSA To Get Angry About (alethonews.wordpress.com)
- New Evidence of Criminality in Spying Agencies, Going as Far as Exploiting FOSS Sites to Spread Malware (techrights.org)
- Jim Sensenbrenner takes NSA reform case to European parliament (theguardian.com)
- NSA spying shows democracy is ‘fiction’ (rinf.com)

