Ignore the Drumbeat of Doom, the NSA’s Call Records Program Didn’t Stop a Single Terrorist Attack
By Rachel Nusbaum | ACLU | March 4, 2015
Do you hear that? It’s starting.
The predictable drumbeat of dire warnings about what will happen if portions of the Patriot Act – the post-9/11 law being used to conduct controversial NSA dragnet surveillance – are allowed to expire on June 1 has already begun.
James Clapper, the director of national intelligence, issued what is likely to be the first of many vague warnings from the intelligence community on Monday. Faced with the expiration of the part of the Patriot Act that allows the bulk collection of information about Americans’ phone calls, Clapper brought out the favored hypothetical of the surveillance hawk: An unspecified attack will occur, which would have been prevented if Congress had reauthorized the dragnet collection of Americans’ phone calls.
“If that tool is taken away from us… and some untoward incident happens that could have been thwarted if we had had it,” Clapper said, “I hope that everyone involved in that decision assumes the responsibility.”
There’s just one problem with this particular bit of emotional blackmail, however. The pesky, rather inconvenient fact is that the government’s mass surveillance programs operating under Section 215 of the Patriot Act have never stopped an act of terrorism. That is not the opinion of the NSA’s most ardent critics, but rather the findings of the president’s own review board and the Privacy and Civil Liberties Oversight Board. This program has had over a decade to prove its value, and yet there is no evidence that it has helped identify a terrorism suspect or “made a concrete different in the outcome of a counterterrorism investigation.”
In less than three months, Section 215 will expire unless Congress takes action to extend that authority. As that deadline approaches, we will be hearing more from folks in the intelligence community who would like to see the program continued indefinitely.
Congress would do well to remember that this is a program that is sweeping up vast amounts of data on innocent Americans in violation of their constitutional rights. It’s also one that, despite the rhetoric, has not succeeded in making us any safer. In fact, even Director Clapper has expressed support for some reform of Section 215.
The drumbeat of doom is only going to get louder between now and June. But it can’t drown out the truth. Surveillance reform is urgently needed to rein in out of control government spying and to restore our rights.
US Social Surveillance Abuse Puts Civil Liberties in Jeopardy
By Vladimir Platov | New Eastern Outlook | January 3, 2015
According to various publications in the American and foreign media, the United States has created a global system of cyber espionage that allows the interception and processing of personal data around the globe in violation of fundamental human rights. Tapped phones, intercepted short messages, supervised discussions in social networks and stolen emails – this is the ugly reality we are living in. The NSA and other units of the United States Intelligence Community are more than capable of breaching any mobile operating system, be it iOS, Android or BlackBerry OS.
In 2011 US intelligence agencies successfully finished the development of geo-location tracking software that allows the NSA to collect and save more than five billion location records of mobile users around the world on a daily basis, and then through a special program labeled CO-TRAVELER analyze and monitor the movement of certain individuals that could be of interest for Washington. In addition, since 2010 information on social contacts of US citizens, their personal data, including telephone calls, Internet logs, bank codes, insurance data is being processed by intelligence agencies on a regular basis.
The NSA’s secret project codenamed Boundless Informant seeks to establish control over “information space.” According to The Guardian it has been able to collect the data on 97 billion phone calls worldwide since March 2013.
The global electronic intelligence net Echelon (AUSCANNZUKUS or Five Eyes), that was established by the US in cooperation with the UK back in 1947, allowed the intelligence agencies of the the Untied States, the United Kingdom, Canada, Australia, New Zealand, Norway, Denmark, Germany, Turkey and other countries to exchange secret information, including the records on their respective citizens.
Yet another secret project codenamed Prism established by the NSA and Britain’s Government Communications Headquarters (GCHQ), allowed intelligence agencies to establish close partnerships with major IT companies back in 2007, including Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple. Such cooperation allows the secret services to read private e-mails and monitor the transfer of files throughout global information space. This allows the NSA to control sovereign leaders, business representatives and foreign diplomats as has been repeatedly reported on by various international media outlets.
However, Washington doesn’t seem to be satisfied with its “progress” since it continues funding and developing new secret projects that would not simply allow the United States to retain an effective control over global information space, but to influence web users worldwide to its own advantage as well.
Thus, the Intelligence Advanced Research Projects Activity Agency (IARPA) in recent years has started a number of research programs to manipulate social networks.
Programs for analysis of the socio-cultural content of language (Socio-Cultural Content in Language – SCIL Program) is implemented in order to develop algorithms, methods and technologies that could enable the intelligence community to supervise the activities of various non-governmental organizations that do not agree with the social policies of certain governments. The development of this program is dictated by the need to recognize the content of messages transmitted over the Internet, taking into account linguistic differences and dialects.
IARPA in close collaboration with the National Institute of Standards and Technology is also developing a program codenamed Reynard, which aims at studying the phenomena of social dynamics in so-called virtual worlds such as MMOs. This particular study is carried out in the interest of the security agencies in order to assess the political mood of the population and taking proactive measures once it changes.
The intelligence community is also sponsoring the development of the Aladdin program designed for automated analysis and description of video content (Automated Low-Level Analysis and Description of Diverse Intelligence Video – VACE). The main goal of this program is to provide intelligence analysts with automated search capabilities to track videos that could be of interest for them. Videos for analytical processing can come from different sources – television, surveillance cameras, regular pictures, interviews or even footage shot by drones. The footage is systematized by time and place to identify certain individuals and determine the sequence of their actions which may be in certain semantic relations to present-day events.
Currently, IARPA implemented a program called Babel, which aims at developing effective speech recognition software in different languages and dialects.
Washington and its agencies are literally spending billions of taxpayer dollars annually under the convenient guise of the “war on terror”, which in fact turns out to be a hidden war against its own citizens, now deprived of basic human rights. But what makes it even worse is that it’s pushing its satellite countries to launch an all-out offensive against the civil liberties of Europe and beyond.
British Spying Is Our Problem, Too
By Alex Sinha | ACLU | November 10, 2014
The chilling effect of surveillance may be spreading across the Atlantic.
We learned last week that GCHQ – the U.K. equivalent of the NSA – permits its employees to target the communications of journalists and lawyers. That revelation has serious implications for the work of both groups.
American surveillance is already impacting the work of U.S.-based journalists and lawyers. As the ACLU and Human Rights Watch documented in a recent report, the effects are not pretty. National security and intelligence journalists have been struggling to develop and maintain relationships with increasingly skittish sources, and lawyers are losing the freedom to communicate with clients, co-counsel, and witnesses without exposing confidential information to the government.
We depend on the press to keep us informed, helping ensure the government’s accountability to the governed. But when journalists are vulnerable to surveillance, that accountability suffers.
Attorneys are also indispensable, and their right to communicate privately with clients has long been recognized both in domestic and international law. When attorneys can’t communicate freely with clients, they can’t build trust or develop strategy. That weakens important due process rights and diminishes our confidence in the verdicts issued by our justice system.
Like the United States, the U.K. conducts significant surveillance, including tapping fiber-optic cables to gain access to enormous volumes of Internet traffic. The revelations from last week show not only that the communications of journalists and lawyers get caught up in the U.K.’s dragnet, but also that this may happen by design.
The breadth and poor regulation of the U.K.’s surveillance practices are a problem for everyone – including Americans. Here’s why.
The United States has extensive intelligence-sharing arrangements with key allies like the U.K., and through them has access to information that it can’t legally collect on its own. Sharing flows both ways, so the U.K. also has unfettered access to much “raw” or unfiltered U.S. surveillance data.
As far as we know, nothing stops the United States from accessing information from GCHQ that is derived from targeting journalists or lawyers. In fact, we’ve seen this movie before. Last February, we learned that an Australian intelligence agency gave the NSA privileged communications between a U.S.-based law firm and its clients. We’d be foolish to assume anything different happens between the United States and the U.K. – which, like Australia, is one of the NSA’s “Five Eyes” surveillance partners.
What happens in Britain reaches us, too, and U.K. surveillance programs almost certainly collect many Americans’ communications. But we also don’t want our government targeting U.K. journalists and lawyers by proxy.
Considering the extensive intelligence cooperation between our two countries, we should all be concerned about the United States outsourcing practices we would reject at home.
NSA spying station in Austria?
The BRICS Post | September 23, 2014
European Union member states have called on the EU Parliament to adopt legislation on new data protection as soon as next year.
The new regulations proposed by the member states in March 2014 include protecting the data of European citizens from espionage, illegal transfer to intelligence services, and illicit use of their information by business.
The new legislation has been seen as a necessary step in the wake of revelations leaked to media in June 2013 by CIA whistle-blower Edward Snowden about the National Security Agency’s (NSA) global espionage and communication monitoring scheme, known as Prism.
The legislation also appeared to take on greater significance following reports from Austrian media, which published a number of photographs claiming they proved that the Washington-based NSA was operating a secret listening post a short distance from the Vienna International Centre (VIC).
The photos depict a listening post atop a skyscraper in the Austrian capital Vienna, located next door to the VIC which is considered the third United Nations headquarters after New York and Geneva, and regularly hosts meetings.
While not immediately independently verified, the Austrian media reports have alleged that an air-conditioned hut atop the building picks up transmissions from ‘bugs’ installed in the VIC.
Listening posts and their stealth implications have affected relations between US and European allies.
In November last year, the German government called in the British ambassador to explain a story published in The Independent claiming that London had a “top secret listening post” operated from the roof of the British embassy in Berlin.
The story was based on information leaked to the daily by Snowden.
While the newspaper said that the US closed down its spying base atop its embassy in Berlin, the British continued with their covert operation.
The CIA Does Las Vegas
By Bill Blunden | CounterPunch | August 1, 2014
One evening over drinks in Ethiopia, during his tour as a CIA officer back in the 1960s, John Stockwell expressed reservations about covert operations to a senior fellow officer named Larry Devlin. Stockwell worried that the CIA was infiltrating governments and corrupting leaders to no useful end. Devlin, well-known in spy circles for his work in the Congo, berated Stockwell[i]:
“You’re trying to think like the people in the NSC back in Washington who have the big picture, who know what’s going on in the world, who have all the secret information, and the experience to digest it. If they decide we should have someone in Bujumbura, Burundi, and that person should be you, then you should do your job, and wait until you have more experience, and you work your way up to that point, then you will understand national security, and you can make the big decisions. Now, get to work, and stop, you know, this philosophizing.”
It’s a compelling argument: trust me, I know secrets. In fact it’s the same sort of argument that a federal informant named Hector Xavier Monsegur used to convince an activist named Jeremy Hammond to break into a whole slew of servers belonging to foreign governments[ii]. Monsegur assured Hammond: “Trust me, everything I do serves a purpose.” Hammond didn’t realize that he was actually part of an elaborate intelligence campaign being run by the FBI. Pimped out to other American three-letter agencies as it were.
Trust Me: I’m an Insider
John Stockwell was patient. He stayed on with the CIA and rose through the ranks, ultimately garnering enough clout to sit in on subcommittee meetings of the National Security Council. What he witnessed shocked him. Stockwell saw fat old men like senior ambassador Ed Mulcahy who fell asleep[iii] and petty officials like Henry Kissinger who got into embarrassing spats when someone else sat in their chair.[iv] All the while decisions were made that would kill people.
Quelle surprise! There were no wise men making difficult decisions based on dire threats to national security. Merely bureaucrats in search of enemies whose covert programs created more problems than they solved.
There’s a lesson in this story that resonates very strongly. A security clearance is by no means a guarantee of honesty or integrity. The secrets that spies guard don’t necessarily justify covert programs. Rather the veil of the government’s classification system is often leveraged to marginalize the public, to exclude people from policy making, and conceal questionable activity that would lead to widespread condemnation and social unrest if it came to light.
Past decades offer an endless trail of evidence: Operation Gladio, Operation Mockingbird, Project MKUltra, Operation Wheeler/Wallowa, Watergate, Operation CHAOS, COINTELPRO, Operation Northwoods, P2OG (the Proactive, Preemptive Operations Group), Iran-Contra, etc.
Cryptome’s John Young describes how this dynamic literally unwinds democracy[v]:
“Those with access to secret information cannot honestly partake in public discourse due to the requirement to lie and dissimulate about what is secret information. They can only speak to one another never in public. Similarly those without access to secret information cannot fully debate the issues which affect the nation, including alleged threats promulgated by secret keepers who are forbidden by law to disclose what they know.”
The Parade of Lies
In light of Ed Snowden’s revelations, and the remarkably flat-footed response of our political leaders, society is witnessing a crisis of trust. Time after time we’ve been lied to by ostensibly credible government officials. Not little white lies, but big scandalous ones. Lies that bring into question the pluralistic assumptions about American democracy and suggest the existence of what political analysts from Turkey would call a “Deep State[vi].”
For instance, both former NSA director Keith Alexander and House Intelligence Chair Mike Rogers claimed that NSA mass interception was instrumental in disrupting over 50 terror plots, a claim that dissolved quickly upon closer scrutiny[vii].
Or contemplate an unnamed NSA spokesman who vehemently told the Washington Post that the NSA was not engaged in economic espionage[viii], only to be contradicted by leaked top-secret documents which described how the NSA broke into networks run by the Chinese telecom giant Huawei and made off with the company’s crown jewels (i.e. product source code).
When President Obama scored some air time with Charlie Rose, in soothing tones he calmly explained to viewers that the NSA doesn’t monitor American citizens without a warrant. It’s surprising that POTUS, a man with a background in constitutional law no less, would be unaware of Section 702 of the Foreign Intelligence Surveillance Act (FISA). This legal provision contains a loophole that allows just this sort of warrantless monitoring to transpire[ix]. Never mind Executive Order 12333, which is arguable an even greater threat[x].
More recently, consider Dianne Feinstein’s claim back in March that the CIA had been monitoring a network used by the Senate Intelligence Committee. John Brennan, the CIA director, told her that she was full of it and sanctimoniously replied “when the facts come out on this, I think a lot of people who are claiming that there has been this tremendous sort of spying and monitoring and hacking will be proved wrong[xi].”
Well guess what? It turns out Brennan was on the losing side of that bet. An internal investigation showed that CIA officers had indeed been watching the Senate Committee[xii]. Stop and pause for a moment. This disclosure is a serious warning sign. What, pray tell, do you think happens to the whole notion of checks and balances when the executive branch spies on the other two branches? Do you suppose there are implications for the balance of power?
Damage Control
Faced with this ever expanding dearth of credibility, spies have worked diligently to maintain the appearance of integrity. Specifically, industry conferences like Black Hat and DEF CON have regularly catered to the needs of U.S. Intelligence by serving as platform for the Deep State and its talking points: that Cyberwar is imminent[xiii], that cybercrime represents an existential threat[xiv], and that mass interception is perfectly normal and perfectly healthy[xv].
“If the tariff of security is paid, it will be paid in the coin of privacy. [xvi]”
In these hacker venues high-profile members of the intelligence community like Cofer Black[xvii], Shawn Henry[xviii], Keith Alexander[xix], and Dan Greer[xx] are positioned front and center in keynote slots, as if they were glamorous Hollywood celebrities. While those who value their civil liberties might opine that they should more aptly be treated like pariahs[xxi].
“Time Out” Posturing
One would hope that the gravity of Ed Snowden’s documents would have some impact. Indeed, Jeff Moss, the organizer who currently runs DEF CON and who originally founded Black Hat (and, by the way, currently sits on the Department of Homeland Security’s Advisory Council[xxii]), did attempt to make a symbolic gesture of protest in the summer of 2013. He gently requested that feds call a “time-out” and not attend DEF CON[xxiii].
To grasp the nature of this public relations maneuver is to realize that roughly 70 percent of the intelligence budget is channeled to private sector companies[xxiv]. As Glenn Greenwald observed during the 2014 Polk Award ceremony, as far as the national security state is concerned there is little distinction between the private and public sector[xxv]. Anyone who has peered into the rack space of the data broker industry knows that the NSA is an appendage on a much larger corporate apparatus[xxvi].
So asking federal employees to stay away really doesn’t change much because the driving force behind the surveillance state, the defense industry and its hi-tech offshoots, will swarm Vegas in great numbers as they normally do. Twelve months after Moss calls his halfhearted “time-out,” Black Hat rolls out the red carpet for the Deep State[xxvii], (while the government threatens to clamp down on attendance to conferences by foreign nationals[xxviii]). This is all very telling.
Bill Blunden is an independent investigator whose current areas of inquiry include information security, anti-forensics, and institutional analysis. He is the author of several books, including The Rootkit Arsenal , and Behold a Pale Farce: Cyberwar, Threat Inflation, and the Malware-Industrial Complex. Bill is the lead investigator at Below Gotham Labs.
Notes
[i] John Stockwell, THE SECRET WARS OF THE CIA: part I, lecture given in October, 1987,
http://www.thirdworldtraveler.com/Stockwell/StockwellCIA87_1.html
[ii] Mark Mazzetti, “F.B.I. Informant Is Tied to Cyberattacks Abroad,” New York Times, April 23, 2014, http://www.nytimes.com/2014/04/24/world/fbi-informant-is-tied-to-cyberattacks-abroad.html
[iii] John Stockwell, THE SECRET WARS OF THE CIA: part I, lecture given in October, 1987,
http://www.thirdworldtraveler.com/Stockwell/StockwellCIA87_1.html
[iv] John Stockwell, The Praetorian Guard: The U.S. Role in the New World Order, South End Press, July 1, 1999.
[v] John Young, “Wall Street Journal Secrecy,” Cryptome, August 22, 2014, http://cryptome.org/0002/wsj-secrecy.htm
[vi] Peter Dale Scott, “The Deep State and the Wall Street Overworld”, Asia-Pacific Journal: Japan Focus, March 10, 2014, http://japanfocus.org/-Peter_Dale-Scott/4090
[vii] Cindy Cohn and Nadia Kayyali, “The Top 5 Claims That Defenders of the NSA Have to Stop Making to Remain Credible,” Electronic Frontier Foundation, June 2, 2013, https://www.eff.org/deeplinks/2014/06/top-5-claims-defenders-nsa-have-stop-making-remain-credible
[viii] Barton Gellman and Ellen Nakashima, “, U.S. spy agencies mounted 231 offensive cyber-operations in 2011, documents show” Washington Post, August 30, 2013
[ix] Nadia Kayyali, “The Way the NSA Uses Section 702 is Deeply Troubling. Here’s Why,” Electronic Frontier Foundation, May 7, 2014, https://www.eff.org/deeplinks/2014/05/way-nsa-uses-section-702-deeply-troubling-heres-why
[x] John Napier Tye, “Meet Executive Order 12333: The Reagan rule that lets the NSA spy on Americans,” Washington Post, July 18, 2014, http://www.washingtonpost.com/opinions/meet-executive-order-12333-the-reagan-rule-that-lets-the-nsa-spy-on-americans/2014/07/18/93d2ac22-0b93-11e4-b8e5-d0de80767fc2_story.html
[xi] Mark Mazzetti And Jonathan Weisman, “Conflict Erupts in Public Rebuke on C.I.A. Inquiry,” New York Times, March 11, 2014, http://www.nytimes.com/2014/03/12/us/cia-accused-of-illegally-searching-computers-used-by-senate-committee.html
[xii]Mark Mazzetti, “C.I.A. Admits Penetrating Senate Intelligence Computers,” New York Times, July 31, 2014, http://www.nytimes.com/2014/08/01/world/senate-intelligence-commitee-cia-interrogation-report.html
[xiii] Molly Mulrain, “Former CIA Official: ‘Cyber Will Be Key Component of Any Future Conflict’”, ExecutiveBiz, August 4, 2011, http://blog.executivebiz.com/2011/08/former-cia-official-cyber-will-be-a-key-component-of-any-future-conflict/
[xiv] Gerry Smith, “Cyber-Crimes Pose ‘Existential’ Threat, FBI Warns,” Huffington Post, January 12, 2012, http://www.huffingtonpost.com/2012/01/12/cyber-threats_n_1202026.html
[xv] “U.S. Cyber Command Head General Alexander To Keynote Black Hat USA 2013,” Dark Reading, May 14, 2013, http://www.darkreading.com/risk/us-cyber-command-head-general-alexander-to-keynote-black-hat-usa-2013/d/d-id/1139741
[xvi] Daniel E. Geer, “Cybersecurity and National Policy,” Harvard Law School National Security Journal, Volume 1 – April 7, 2010, http://harvardnsj.org/2011/01/cybersecurity-and-national-policy/
[xvii] https://www.blackhat.com/html/bh-us-11/bh-us-11-archives.html#Black
[xviii] https://www.blackhat.com/html/bh-us-12/speakers/Shawn-Henry.html
[xix] Jim Finkle, “Defcon 2012 Conference: Hackers To Meet With U.S. Spy Agency Chief,” Reuters, July 20, 2012, http://www.huffingtonpost.com/2012/07/20/defcon-2012_n_1691246.html
[xx] Spencer Ackerman, “NSA keeps low profile at hacker conventions despite past appearances,” Guardian, July 31, 2014, http://www.theguardian.com/world/2014/jul/31/nsa-hacker-conventions-recruit-def-con-black-hat/print
[xxi] George Smith, “Computer Security for the 1 Percent Day,” Escape From WhiteManistan, May 19, 2014, http://dickdestiny.com/blog1/?p=18011
[xxii] http://www.dhs.gov/homeland-security-advisory-council-members
[xxiii] Dan Goodin, “For first time ever, feds asked to sit out DefCon hacker conference,” Ars Technica, July 11, 2013, http://arstechnica.com/security/2013/07/for-first-time-ever-feds-asked-to-sit-out-defcon-hacker-conference/
[xxiv] Tim Shorrock, “Put the Spies Back Under One Roof,” New York Times, June 17, 2013, http://www.nytimes.com/2013/06/18/opinion/put-the-spies-back-under-one-roof.html
[xxv] “”We Won’t Succumb to Threats”: Journalists Return to U.S. for First Time Since Revealing NSA Spying,” Democracy Now! April 14, 2014, http://www.democracynow.org/2014/4/14/we_wont_succumb_to_threats_journalists#
[xxvi] “Inside the Web’s $156 Billion Invisible Industry,” Motherboard, December 18, 2013, http://motherboard.vice.com/blog/inside-the-webs-156-billion-invisible-industry
[xxvii] Spencer Ackerman, “NSA keeps low profile at hacker conventions despite past appearances,” Guardian, July 31, 2014, http://www.theguardian.com/world/2014/jul/31/nsa-hacker-conventions-recruit-def-con-black-hat/print
[xxviii] Andrea Shalal and Jim Finkle, “U.S. may act to keep Chinese hackers out of Def Con hacker event,” Reuters, May 24, 2014, http://www.reuters.com/article/2014/05/24/us-cybercrime-usa-china-idUSBREA4N07D20140524
China rejects latest US hacking accusation
China’s Foreign Ministry Spokeswoman Hua Chunying
China has dismissed the recent allegation by the US that the Chinese military has been involved in hacking a US security firm, describing Washington’s approach on the issue as unconstructive.
A private US cyber security firm accused a unit of China’s military on Monday of hacking attempts to access information on US satellite and aerospace programs, Xinhua reported.
China’s Foreign Ministry Spokeswoman Hua Chunying rejected the allegation at a press briefing on Tuesday.
“I have noticed the report you mentioned, its wording and style looks familiar, citing the names of the hackers and their claims of their military identity,” she said, responding to a question about US reports alleging Chinese hacking attempts. “Have you ever seen thieves bearing a name tag saying ‘thieves?’” she said.
Washington had issued an indictment against five Chinese military officers on charges of cyber theft earlier on May 19.
The Chinese Foreign Ministry spokeswoman further challenged the integrity of the US allegations against her country, referring to the massive American espionage efforts across the globe as part of its PRISM program under the US National Security Agency (NSA).
The program, which was revealed by former NSA contract employee Edward Snowden in 2013, showed that the US was spying on the phone and email communications of top world leaders, including those of Washington’s allied countries as well as China.
“The US is a hacking empire,” Hua said. “It is not constructive for the US to attack others instead of repenting and correcting its own mistakes.”
The Chinese official further pointed out that cyber attacks are a global challenge – transnational and anonymous in nature – requiring cooperation among all countries to be countered.
Germany To Begin Formal Investigation Into NSA Surveillance — But Only Of Angela Merkel
By Glyn Moody | Techdirt | June 6, 2014
The German government has been trying to avoid upsetting either the US by denouncing the large-scale surveillance being carried out by the NSA in its country, or the German people by not denouncing it. It finds itself in the same quandary as regards opening a formal investigation into the spying, which is probably why it has held off for so long. But now, the German authorities have come up with a sort of compromise, as GigaOM reports:
Germany’s federal prosecutor has launched the country’s first formal investigation into the activities of the NSA in Germany, specifically the U.S. intelligence agency’s reported bugging of Chancellor Angela Merkel’s mobile phone.
Harald Range said on Wednesday that the other potential avenue of investigation — that of the surveillance of the German people — remained open, though no investigation was being launched yet due to a lack of evidence.
Leaving aside the question just how much evidence the federal prosecutor needs before he investigates whether the German people have been subjected to US surveillance — a signed confession from President Obama perhaps? — the other issue here is the astonishing lack of sensitivity this move displays. The German government seems to be saying that spying is outrageous and must be investigated immediately if it’s directed against the powerful; but if it’s against the little people, then, well, sorry: we need more evidence before we could possibly risk upsetting the US.
Thought better of it: NSA can get rid of evidence, judge says
RT | June 7, 2014
A federal judge who ordered the National Security Agency to retain all records of its secret telephone surveillance related to an ongoing case has reversed the order – just a day after it was issued.
“In order to protect national security programs, I cannot issue a ruling at this time. The Court rescinds the June 5 order,” US District Judge Jeffrey White said from the bench on Friday.
The NSA had been prohibited from destroying any of its records of communications surveillance on Thursday – specifically under the government’s Section 702 program.
Section 702 of the Foreign Intelligence Surveillance Act (FISA) has been used by the NSA to justify widespread collection of phone calls and emails.
White first ordered that the agency retain records in March, to which the NSA responded that it was legally obliged to destroy all documents after a five year period.
White issued the temporary restraining order (TRO) in March to prevent the destruction of evidence. However, on Thursday, EFF filed an emergency motion, stating that in the past week interactions with government lawyers demonstrated that the destruction of records had continued.
Records could form a basis of evidence for two pending lawsuits posing a challenge to the surveillance program. One was filed by AT&T customers and the other by 23 Californian organizations.
The case – Jewel v. NSA the Electronic Frontier Foundation (EFF) sued the NSA and other government agencies on behalf of AT&T customers.
The Friday hearing saw lawyers from the Electronic Frontier Foundation (EFF) going up against lawyers from the Department of Justice.
The case has stagnated in the court system for several years. In 2008, the original complaint was filed against AT&T and the government, which it was alleged, was involved in “illegal and unconstitutional program of dragnet communications surveillance conducted by the National Security Agency and other Defendants in concert with major telecommunications companies.”
Evidence pre-dated Snowden’s revelations in June 2013, and was based on evidence from former San Francisco AT&T technician Mark Klein in 2006.
“I don’t want the preservation effects to get in the way of national security, but I don’t want national security to checkmate our case,” Cindy Cohn, an EFF attorney, told the court, reported arstechnica.
Justice department lawyers sought a stay. They argued that phone records and internet programs were separate. Section 702 allows the government access to emails and Facebook messages. The lawyers said that their compliance would put the program at risk.
Remember When Venezuela and Bolivia Kicked the U.S. DEA Out of Their Countries, Accusing It of Espionage? Looks Like They Were Right…
By Stephan Lefebvre | CEPR Americas Blog | May 22, 2014
In their latest article on U.S. government spying for The Intercept, Ryan Devereaux, Glenn Greenwald and Laura Poitras review and publish leaked documents that show that the U.S. government may have used the Drug Enforcement Administration (DEA) to aid the National Security Agency (NSA) to spy on U.S. citizens and non-citizens in foreign countries. The NSA is shown to have assisted the DEA with efforts to capture narcotraffickers, but the leaked documents also refer to “a vibrant two-way information sharing relationship” between the two intelligence agencies, implying that the DEA shares its information with the NSA to aid with non-drug-related spying. This may explain how the NSA has gathered not just metadata but also the full-take audio from “virtually every cell phone conversation on the island nation of the Bahamas.”
The authors write,
The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe.
But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.”
What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
While the documents accompanying the article reveal detailed information that has never before been available to the public, this is not the first time that the DEA has faced allegations of spying.
In 2005, President Hugo Chávez of Venezuela stopped cooperating with the DEA after accusing it of espionage in his country. At the time, a State Department spokesperson responded by saying, “the accusations that somehow the Drug Enforcement Agency is involved in espionage are baseless. There’s no substance or justification for them.” Using arguments that would change very little over the next nine years, a State Department official said at the time, “I think it’s pretty clear to us that the motivation for this is not the accusation itself or not what they state is the problem. The motivation is an effort to detract from the government’s increasingly deficient record of cooperation.”
Three years later, President Evo Morales expelled the DEA from Bolivia saying, “there were DEA agents who worked to conduct political espionage.” He also said, “we can control ourselves internally. We don’t need any spying from anybody.” The State Department spokesperson said in response, “the charges that have been made are just patently absurd. We reject them categorically”, and the news agency EFE reported that “Washington has repeatedly denied that the DEA has been involved in any activities in Bolivia apart from the war on drugs.”
Few of the press reports from 2005 or 2008 took these accusations seriously, and the State Department dismissed the allegations categorically, but in 2008, CEPR’s co-director Mark Weisbrot wrote that “To the Bolivians, the U.S. is using the “war on drugs” throughout Latin America mainly as an excuse to get boots on the ground, and establish ties with local military and police forces.” To this list, we can now add access to national phone and communication networks, and storage of the content of phone calls.

