NSA’s Personal Propagandist For CBS Officially Takes Counterterrorism Job Everyone Knew He Was Getting
By Mike Masnick | Techdirt | December 30, 2013
When 60 Minutes did its hack PR job for the NSA a few weeks ago, lots of people called out the fact that the reporter who handled the segment, John Miller, wasn’t just a former intelligence official working for the Office of the Director of National Intelligence (which oversees the NSA), but that he was widely rumored to have worked out a deal for a new job for the NYPD, heading up “counterterrorism.” Even though there were multiple reports at the time, including one that claimed it was a “99.44% done deal,” when asked about it, Miller lied. He told a reporter, “you know as much about this as I do.”
That was clearly Miller lying — something that Miller has had an issue with in the past — as the “rumor” is now confirmed and Miller has accepted his job doing “counterterrorism” for the NYPD. And while some might say that doing counterterrorism for a city police force is different than working for national intelligence, that’s only because you’re not familiar with the NYPD, which has set up something of a shadow NSA/CIA to do all sorts of activities not normally associated with a police force.
And, of course, since the press was clearly familiar with Miller’s expected role, it raises serious questions about why 60 Minutes allowed the puff piece to move forward with a seriously conflicted “journalist.” While Miller has lashed out at critics, rather than respond to a single point raised, the brand that comes out worst in all this is clearly CBS and 60 Minutes — which basically let an intelligence official do an entire propaganda piece on the NSA. 60 Minutes used to be about hard hitting journalism. Now, apparently, they think it’s “journalism” to shill for the surveillance state.
NSA collects data from undersea cables
South East Asia–Middle East–Western Europe 4 (SEA-ME-WE 4) optical fiber submarine communications cable
Press TV – December 29, 2013
The US National Security Agency (NSA) has collected sensitive data on key undersea optical fiber telecommunications cables between Europe, North Africa and Asia.
Citing classified documents labeled “top secret” and “not for foreigners”, German news magazine Der Spiegel reported on Sunday that the NSA spied on the so-called “South East Asia-Middle East-West Europe 4” also known as “Sea-Me-We 4” undersea cable system.
The German magazine said NSA specialists had hacked an internal website belonging to the operator consortium to mine documents about technical infrastructure including circuit mapping and network management information. “More operations are planned in the future to collect more information about this and other cable systems.” Spiegel quoted the NSA documents, dating from February, as saying.
According to the website of the project “the South East Asia-Middle East-West Europe 4 project is a next generation submarine cable system linking South East Asia to Europe via the Indian Sub-Continent and Middle East. The project aims to take these regions to the forefront of global communication by significantly increasing the bandwidth and global connectivity of users along its route between Singapore and France.”
Spiegel reports that “Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle.”
In March 2004, a consortium of 16 international telecommunications companies signed construction and maintenance agreements for the new optical fiber submarine cable system linking South East Asia to Europe via the Indian Sub-Continent and Middle East with Terminal Stations in Singapore, Malaysia, Thailand, Bangladesh, India, Sri Lanka, Pakistan, United Arab Emirates, Saudi Arabia, Egypt, Italy, Tunisia, Algeria and France. The contract is being awarded jointly to Alcatel Submarine Networks, France and Fujitsu Ltd., Japan and the estimated project cost is of the order of $500 million.
The submarine cable system is approximately 20,000km long. It consists of the main backbone across the Eastern and Western worlds plus the extension links in various countries. The project seeks to support telephone, internet, multimedia and various broadband data applications.
It seems the method was employed by the NSA’s elite hacking unit (TAO) via incorporating routers and servers from non-NSA networks into its covert network by infecting these networks with “implants” that then allow the government hackers to control the computers remotely.
The document leaked by Der Spiegel proudly says that, on Feb. 13, 2013, TAO “successfully collected network management information for the SEA-Me-We Undersea Cable Systems (SMW-4).” With the help of a “website masquerade operation,” the agency managed to “gain access to the consortium’s management website and collected Layer 2 network information that shows the circuit mapping for significant portions of the network.”
The US government claims that its spying operations that are taking place both at home and abroad are vital for fighting terrorism.
A federal judge ruled Friday that the NSA’s bulk collection of millions of Americans’ telephone and Internet records is legal. US District Judge William Pauley also concluded that the operation is an important part of America’s effort to combat the threat of terrorism.
NSA spies on millions of telephone and Internet records that are routed through American networks on daily basis. According to some estimates, NSA spies on 380 million cellphones in the US.
Prior to Pauley’s ruling, another US District Court Judge, Richard Leon, had described the massive NSA spying program “Almost Orwellian”.
“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen,” Judge Leon wrote.
Is Anything Left of the US Constitution or Privacy Rights?
Vying for a Supreme Court appointment? US District Judge William H. Pauley III ruled that the NSA’s massive spying program is legal.
By Franklin Lamb | Fig Trees and Vineyards | December 28, 2013
The answer to this question is being pondered across America in light of two seemingly contradictory federal court decisions handed down this month from two separate courts, one in Washington, the other in New York.
Since the Bush Administration’s “war of terrorism” was launched, civil liberties advocates have voiced growing alarms about the erosion of Constitutional guarantees. Yet with the disclosures by whistle blower Edward Snowden, concerns about what protections Americans have remaining—protections from governmental intrusions into their privacy as well as home or office invasions by police forces—have rapidly gained new impetus. Because of Snowden’s leaks, legal challenges have been brought against the National Security Agency; without the leaks, no challenge could have been mounted.
Now all of a sudden two US Federal District Courts, with identical powers under the US Constitution, have reached seemingly opposite conclusions on the same legal issue, i.e. the right of the NSA to conduct “metadata” searches and store the information of scores of millions of unknowing Americans. This means, given that appeals have been filed in both cases, that the issue is likely going to be decided by the US Supreme Court.
Civil libertarians were encouraged earlier this month when Federal Judge Richard Leon of the United States District Court for the District of Columbia ruled on December 16 that the NSA’s bulk collection of cell phone data of Americans (everyone you called, when you called them, and where you were when you called them) violates the Fourth Amendment to the Constitution. Calling the data gathering “Orwellian,” Judge Leon reasoned that we now use our smartphones for a wide variety of personal activities in which we have the expectation of privacy, that probably we have more expectation of privacy from cell phones now than we did, say, from a pay phone in the 1980s. And he also noted, crucially, that cell phones today make it possible to determine the caller’s GPS location. “It’s one thing to say that people expect phone companies to occasionally provide information to law enforcement; it is quite another to suggest that our citizens expect all phone companies to operate what is effectively a joint intelligence-gathering operation with the Government,” Leon wrote.
US District Judge Richard Leon
The judge then focused on whether the massive NSA surveillance violates the Fourth Amendment, which guarantees, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
He writes:
“The threshold issue that I must address, then, is whether plaintiffs have a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains all of that metadata for five years, and then queries, analyzes and investigates that data without prior judicial approval of the investigative targets. If they do – and a Fourth Amendment search has thus occurred– then the next step of the analysis will be to determine whether such a search is ‘reasonable.’”
Judge Leon found that the NSA, when demanding citizens’ telephone metadata, is conducting a search, and that it is most likely an unreasonable search under the Fourth Amendment, given there is no specific suspicion of wrongdoing by any individual whose records are demanded.
In his ruling he granted the request for an injunction against the collection of the plaintiffs’ phone data, ordering the government to destroy any of their records that have been gathered. But the judge stayed action on his ruling pending a government appeal, recognizing in his 68-page opinion what he termed as the “significant national security interests at stake in this case and the novelty of the constitutional issues.”
But no sooner had Judge Leon’s decision been published, bringing hope to civil libertarians, than US District Judge William H. Pauley III in New York issued what looks almost like a diametrically antithetical ruling, making for the latest in a contentious debate that has also seen a presidential commission weighing in on certain aspects of NSA spying as well. On December 27, Pauley ruled that the NSA’s collection of vast oceans of data on private phone calls is legal—meaning that in a period of just 11 days the two judges, along with the presidential panel, had reached “the opposite of consensus on every significant question before them, including the intelligence value of the program, the privacy interests at stake and how the Constitution figures in the analysis,” as the New York Times reported it.
The case in New York was brought by the American Civil Liberties Union, which said it would appeal.
Judges Leon and Pauley have starkly differing understandings on how valuable the NSA program is. Echoing arguments made recently by former FBI director Robert S. Mueller III and other senior government officials, Pauley, whose courtroom is not far from where the World Trade Center towers stood, said he believed the program might have caught the 9/11 hijackers had it been in place at the time. “While robust discussions are underway across the nation, in Congress and at the White House, the question for this court is whether the government’s bulk telephony metadata program is lawful,” Pauley wrote. “This court finds it is.”
The finding stands in stark contrast to Leon’s ruling in Washington:
“The government does not cite a single instance in which analysis of the N.S.A.’s bulk metadata collection actually stopped an imminent attack, or otherwise aided the government in achieving any objective that was time-sensitive in nature,” Judge Leon wrote.
What these conflicting decisions leave us in is a profound quandary with respect to the issues raised by Edward Snowden. In a Christmas address that was carried by British Channel 4 and widely aired on the Internet, the former NSA contractor expressed the legitimate concern of all people who value individual liberty and privacy. A child born today, he said, might “never know what it means to have a private moment to themselves, an unrecorded, unanalyzed thought.” He added that people are essentially walking around with a tracking device in their pockets, noting that this disappearance of privacy is important because privacy “is what allows us to determine who we are and who we want to be.”
GCHQ, NSA Spied On Known Terrorist Haven… UNICEF
By Mike Masnick | Techdirt | December 20, 2013
The latest revelations from the Snowden documents, according to reports in both the NY Times and the Guardian is that the UK’s GCHQ, operating out of a site heavily funded by the NSA, targeted a variety of humanitarian and charitable groups, including the United Nations Children’s Fund, better known as UNICEF. Another target was Médecins du Monde, a well known medical relief group that delivers medicines and medical help to war-torn areas.
The reports also detail spying on various government officials, though, as I’ve said in the past, that kind of stuff isn’t particularly bothersome — as spying on leaders of other countries is typical and expected espionage activity, though it can certainly create some diplomatic awkwardness. Perhaps more interesting is that there’s much more evidence here of economic espionage activity. Among those “targeted” were Joaquin Almunia, the EU commission “competition” boss, who has been investigating anti-trust claims against American companies like Google and Microsoft. The NSA has insisted (and repeated in response to questions from reporters writing the two stories above) that it doesn’t engage in economic espionage — though GCHQ apparently doesn’t have any such restriction, suggesting that the NSA can just hand that kind of activity off to its UK friends, who it funds, and then reap the benefits.
Furthermore, the NSA seems to indicate in its response that while it may not engage in economic espionage in the form of spying on issues and handing that info directly to US companies, it does seem to open up the possibility of engaging in economic espionage to inform US policy makers — meaning it likely gets filtered back to those companies anyway:
“We do not use our foreign intelligence capabilities to steal the trade secrets of foreign companies on behalf of — or give intelligence we collect to — U.S. companies to enhance their international competitiveness or increase their bottom line,” said Vanee Vines, an N.S.A. spokeswoman.
But she added that some economic spying was justified by national security needs. “The intelligence community’s efforts to understand economic systems and policies, and monitor anomalous economic activities, are critical to providing policy makers with the information they need to make informed decisions that are in the best interest of our national security,” Ms. Vines said.
There is some validity in the idea that if there’s going to be some sort of earth-shattering revelation that could have a wider impact on the whole economy, that there’s some value in having intelligence services aware of what’s going on — but it’s a pretty slippery slope from there to simply intercepting direct information that might be helpful for a particular company, and providing them an advantage.
But, going beyond that, targeting groups like UNICEF seems like going way too far. It’s hard to see any legitimate justification for this, unless someone’s going to argue that terrorist groups were somehow co-opting UNICEF, which seems like a huge stretch. To argue that there’s any national security reason to spy on UNICEF seems laughable. It really seems like the NSA and GCHQ were targeting organizations like that because they can.
Brazil ditches Boeing jets, grants $4.5 bln contract to Saab
‘NSA ruined it!’
RT | December 18, 2013
Brazil has rejected a contract for Boeing’s F/A-18 fighter jets in favor of the Swedish Saab’s JAS 39 Gripens. The unexpected move to reject the US bid comes amid the global scandal over the NSA’s involvement in economic espionage activities.
The announcement for the purchase of 36 fighters was made Wednesday by Brazilian Defense Minister Celso Amorim and Air Force Commander Junti Saito. The jets will cost US$4.5 billion, well below the estimated market value of around US$7 billion.
Saito said the development of the fighters will occur in conjunction with Embraer and other unspecified companies.
The 12 Mirage aircraft currently in use by the Brazilian Air Force (FAB) will be retired at the end of this year. They were acquired by Brazil in 2005. As it waits for the new fighters, the FAB will use the F5 style, which will stay viable up to 2025.
During a visit in Brasilia last week, French President Francois Hollande was accompanied by an entourage that included the president of Dassault Group, stirring speculation that the French jet manufacturer had the edge over Saab and Boeing.
Competition over which company would win the right to supply Brazil with the fighter jets began in the late 1990s during Fernando Henrique Cardoso’s administration, continued during Luiz Inácio Lula da Silva’s time in office and into current President Rousseff’s term. A FAB report in 2010 indicated a preference in Saab, though then-President Lula leaned toward the cheaper Dassault jet, Rafale.
Boeing was considered to have the inside track to win the contract earlier this year, yet revelations of intrusive surveillance of global officials’ communications, including those of Brazilian President Dilma Rousseff, by the US government’s National Security Agency led to distrust of the American company.
“The NSA problem ruined it for the Americans,” a Brazilian government source told Reuters.
The Chicago-based Boeing’s bid was rejected because of Saab’s better performance and cost of its aircraft as well as “willingness to transfer technology,” defense minister Celso Amorim said, as cited by Bloomberg.
‘Economic espionage’ fallout
Brazil is currently probing reports released by former NSA contractor Edward Snowden that the spy agency monitored the personal communications of President Rousseff and hacked into government ministries to gather information. Among the institutions targeted by NSA espionage were state oil giant Petrobras and the Ministry of Mines and Energy, contradicting claims by Washington that it did not engage in “economic espionage.”
Rousseff lambasted US spying on her country during the UN General Assembly in September, calling it a “breach of international law.” She further warned that the NSA surveillance, revealed since June, threatened freedom of speech and democracy.
“Meddling in such a manner in the lives and affairs of other countries is a breach of international law and as such it is an affront to the principles that should otherwise govern relations among countries, especially among friendly nations,” Rousseff said.
Just before her address at the UN summit, Rousseff canceled a state visit to Washington, scheduled to take place in October, because of indignation over spying revelations. Rousseff has stated she wants an apology from US President Barack Obama.
Snowden has promised to aid Brazil in a probe into the NSA’s spying program in the country.
“A lot of Brazilian senators have asked me to collaborate with their investigations into suspected crimes against Brazilian citizens,” said Snowden, in an open letter published by Brazilian paper Folha de S.Paulo. Snowden hinted in the letter that he may ask Brazil for asylum.
“The American government will continue to limit my ability to speak out until a country grants me permanent political asylum,” wrote Snowden.
The whistleblower is currently under temporary asylum in Russia. Brazil plans to host a global summit on internet governance in April 2014.
Brazil resident Glenn Greenwald, the former Guardian journalist renowned for publishing Snowden’s leaks, criticized on Wednesday European Union governments’ muted response to the revelations about the NSA’s mass surveillance apparatus. He also contradicted Washington’s claim that no economic espionage is involved amid NSA spying.
“What a lot of this spying is about has nothing to do with terrorism and national security. That is the pretext. It is about diplomatic manipulation and economic advantage.”
Related article
US-Israeli Security Company Selling Mobile Phone Surveillance Products To Agencies Around The World
By Tim Cushing | Techdirt | December 17, 2013
Privacy International, which has done a very thorough job digging into the backgrounds of the many private companies involved in the surveillance “industry” around the world, has just released a promotional document from the American-Israeli Verint, a security company that provides NSA-level cell phone surveillance power to entities around the world.
[A] scaled down version of this system is also being sold by private surveillance contractors to the highest bidder. The company behind it? Israeli-American company Verint. Their Skylock technology claims to have the ability to “Remotely locate GSM and UMTS targets located anywhere in the world at cell level precision”.
The brochure Privacy Int’l obtained doesn’t go into detail as to how it achieves this, but what is shown is both impressive and disturbing.
From a brochure collected this year we have discovered one of the newest additions to Verint’s product line: mobile phone tracking on an international scale. Previously, mobile phone tracking required presence in the particular areas of interest, focusing on the tracking of phones through monitoring Base Stations (Cell Towers) and local networks to pinpoint location. In the past, if a law enforcement agency wanted location data they requested information from the relevant telecommunication firm operating in that specific territory. By way of an example, this would result in the UK not being able to obtain a French mobile phone’s location without help from the French. Now it would appear that Verint have bypassed the territoriality requirement.With this latest news, we know that location tracking has become borderless in the same way as communications surveillance. The ability to do this has likely come from a focus on international phone systems rather than domestic or regional networks which would never reach the worldwide nature of location tracking Verint is advertising.
Some details on Verint’s SKYLOCK offering are available online (under the name ENGAGE). While the brochure seems to indicate this is solely a military product (the brochure cover only lists “Military, Special Forces, Navy, Search and Rescue, Border Control” and the photos contained show only military personnel), the inside notes make it clear these products are available to “law enforcement” as well.
As Privacy Int’l points out, Verint’s offering operates “independently of local service providers,” meaning pretty much every legal obstacle is demolished. What no one knows is going on won’t hurt them. One product is targeted at satellite communications, but even considering that limited scope, it’s still very powerful.
Here’s what ENGAGE/SKYLOCK can do:
– Intercept voice calls and text messages
– Decrypt A5/1 and A5/2 encryptions with an embedded decipher
– Operate undetected leaving no electromagnetic signature
– Selectively downgrade UMTS traffic to GSM
Other ENGAGE products target wireless communications. Verint’s intercept-in-a-box can do all of the following.
– Actively and passively intercept WiFi communications based on: 802.11 a/b/g/n, 2.4Ghz, and 5GHz
– Active interception of mobile handsets, even when not intentionally connected to a WiFi network
– Intercept target communication at a distance with zero packet loss
– Choose from multiple active interception methods to overcome encryption of private communication
– Identify access points and intercept MAC addresses in the area
Verint also gives its purchasers the power to target phones using 3G networks, remotely activate cell phone mics, and block cellular communication.
The capabilities that were presumed to only be in the hands of national intelligence agencies now can be had by nearly anyone who can come up with the money. Powerful cell phone surveillance products are a growth market. Anything that can increase data and communication harvesting while simultaneously eliminating a majority of legal restrictions and oversight practically sells itself.
We may feel this sort of power is OK in the “right hands,” but we don’t get to decide which hands this ends up in. We may believe the NSA should be able to do this sort of thing (overseas, preferably), but that local law enforcement agencies should be forced to jump through warrant and subpoena hoops before tracking locations and intercepting communications. But ultimately it doesn’t matter what we prefer. That call is made by Verint and it’s in the business of selling surveillance products, not protecting the privacy of the world’s citizens.
Related article
- Israeli company to win Indian mass electronic surveillance contract (altahrir.wordpress.com)
Mass Location Tracking: It’s Not Just For the NSA
By Catherine Crump | ACLU | December 12, 2013
Thanks to Edward Snowden we now understand that the NSA runs many dragnet surveillance programs, some of which target Americans. But a story today from Washington, D.C. public radio station WAMU is a reminder that dragnet surveillance is not just a tool of the NSA—the local police use mass surveillance as well.
DC’s Metropolitan Police Department uses cameras to scan vehicle license plates in huge numbers and saves all the data for two years, even though only a tiny fraction—0.01 %—turn out to be associated with any possible wrongdoing.
In 2012, the police in Washington scanned over 204 million license plates. But only 22,655 were associated with some possible wrongdoing (what the chart refers to as “hits”). And a hit isn’t evidence of guilt. It’s evidence your plate was in a database. And your plate may well be in a database because, as we’ve seen in other areas of the country (check out our report on the use of plate readers nationwide), these databases can include people who violated vehicle emissions programs or are driving on suspended or revoked licenses. These people shouldn’t be on the road, but they are also not major offenders.
The key point is this: 99.9 % of the data pertains to people not suspected of wrongdoing. Why should innocent drivers have their movements stored for two full years?
The new report echoes data first unearthed by the ACLU’s local office and revealed two years ago in testimony to local legislators.
This brings us back to the NSA program. What do the NSA and DC Metropolitan Police Department have in common? As we have discussed before, neither appears to be restrained by any sense of proportionality. The data collection is vast, and the gain is either uncertain or negligible. In the NSA’s case, it is storing records about every single phone call each of us makes and keeping it in a database for 5 years, even in the absence of any credible evidence that mass collection is needed to make us safer. (The MPD refused to comment on the plate reader program.)
When it comes to reforming surveillance, it is programs like these that are particularly good targets. While some may be willing to trade privacy for security, here we appear to be giving privacy away and the government either can’t or won’t make the case that we’re getting anything in exchange.
Related articles
Meet CO-TRAVELER: The NSA’s Cell Phone Location Tracking Program
By April Glaser and Kurt Opsahl | EFF | December 5, 2013
An article yesterday in the Washington Post disclosed the NSA’s massive cell phone location program. The program, codenamed CO-TRAVELER, is designed to track who meets with whom and covers everyone who carries a cell phone, all around the world.
With neither public debate nor court authorization, CO-TRAVELER collects billions of records daily of cell phone user location information. It maps the relationships of cell phone users across global mobile network cables, gathering data about who you are physically with and how often your movements intersect with other cell phone users. The program even tracks when your phone is turned on or off.
The trillions of collected records, which add up to twice the amount of data in the Library of Congress’ print collection, are saved and stored in the NSA’s mammoth database called FASCIA. While allegedly aimed at foreigners and mobile phones overseas, the NSA admits that it has “incidentally” collected location information on U.S. persons.
CO-TRAVELER ignores fundamental values in the Constitution the NSA has sworn to uphold, including the right against unreasonable search and seizure as well as freedom of association. Thinking globally, the program disregards international human rights law, which is currently in the process of being reaffirmed in a draft resolution by the UN General Assembly.
The Fourth Amendment Protects Cell Phone Location Data
EFF has been working for years to get the courts to recognize that the government must get a warrant before seizing cell phone location records. The court decisions are split. In 2008 the Third Circuit federal appeals court correctly held that federal magistrates have the discretion to require the government to get a search warrant based on probable cause before obtaining cell phone location records. But the Fifth and Sixth Circuit have approved the seizure of cell phone location records without a warrant. The Supreme Court has yet to rule on cell phone location, but did hold that planting a GPS device on a car requires a warrant, without reaching a decision on whether the warrantless tracking itself would violate the Fourth Amendment.
CO-TRAVELER does not simply collect location information. It creates a portrait of travel times and people who crossed paths, revealing our physical interactions and relationships. The cell site information goes beyond email and phone calls and ordinary telephony data, allowing the U.S. government to know who we are with in-person and where. This is information that would be impossible to collect using traditional law enforcement methods.
An NSA official said that the agency’s collection methods are “tuned to be looking outside the United States.” This appears to be an attempt to assert that U.S. law does not apply because they are not “targeting” U.S. persons. Without the protections of U.S. law, the spying is regulated only by Executive Orders–orders by the President that are not subject to substantive oversight, and can modified at any time. It’s likely that this program falls under Executive Order 12333. EO 12333 has few limits on surveillance overseas, even if it is a U.S. person.
CO-TRAVELER Violates the First Amendment
The CO-TRAVELER program is based on guilt by association, tracking location to determine our relationships and where we meet. The First Amendment protects our right to associate with individuals and groups without disclosing that information to the government. This is an essential right because it allows people to discuss their ideas, concerns, and feelings with others without the shadow of government surveillance. And this is not just a right recognized in the United States: the right to freely associate with individuals or groups has also been recognized in the UN Universal Declaration of Human Rights, the European Convention on Human Rights, and in countless other human rights charters.
EFF is currently representing 22 organizations from across the political spectrum who sued the NSA for violating their First Amendment right of association by illegally collecting their call records. The case, First Unitarian v. NSA, brings to light the real implications of mass surveillance–people are afraid to associate and meet based on likeminded interests.
Equally threatening to the rights guaranteed by the First Amendment are the speech-chilling effects of cell phone location tracking. Even if you use encryption online, when you meet someone in person and aren’t even on the phone, your movements may be tracked and recorded and stored. The Washington Post article reports that the NSA tracks when a cell phone has been turned off, for how long, and what nearby devices are also being used and shut off. The NSA provides further scrutiny of people who switch their phones on and off for brief periods or use throw-away phones.
Yet these security practices are common methods that journalists (or anyone else who might be privacy conscious) use to ensure security and trust when they meet with confidential sources and conduct investigations. Under this program, it is harder than ever for a journalist to guarantee a reasonable degree of privacy and security to their sources.
Privacy is an Internationally Recognized Human Right
While the NSA likes to claim it takes great care in not collecting the data of U.S. persons, the billions of people tracked by their programs have a basic human right to privacy. Right now the United Nations General Assembly is discussing a resolution that reaffirms that the human right to privacy is carried over and effective in the digital age.
EFF is part of the global movement demanding the protection of our most basic right to privacy, no matter the country or citizenship of a person. We signed on to a list of thirteen principles that a state should use to determine whether or not a surveillance program will encroach on fundamental human rights. Join us by adding your name to the global petition for privacy today.
We will continue to fight against the NSA’s unconstitutional and over-broad surveillance programs in the courts and in Congress, and advocate for deeper oversight of the NSA from all branches of government.
US Spy Satellite Logo Not At All Subtle: Octopus Enveloping The Earth
By Mike Masnick | Techdirt | December 6, 2013
Over the past few months, I’ve certainly wondered quite a bit about just how bad the NSA seems to be at recognizing how the public feels concerning what it’s doing. This week’s revelations about tracking mobile phone locations was incredible because folks at the NSA must have known that information about this program was in Snowden’s collection, and yet when they were asked about collecting location info a few months ago, they made statements that would clearly look bad, when put next to the truth:
“We don’t get any cell site or location information as to where any of these phones were located.” — Keith Alexander
These phones. Under this program. But under this other program we collect pretty much everything. Beyond that, the various “code names” the NSA uses are somewhat revealing as well. Lots of people commented on the insanity of calling the giant database FASCIA. But, at the very least, you could argue that the NSA never expected those code names to be made public. And with the misleading statements, they were still holding out hope that maybe, just maybe, a meteor would magically flatten Glenn Greenwald, Barton Gellman and Laura Poitras before the info got out.
But… how about when the US intelligence community actually does something publicly. Like live tweeting the launch of a new spy satellite. Apparently, they slap the most unsubtle logo on it that you can imagine.
Yes, it’s an octopus, with tentacles reaching all over the globe. And the tagline is “Nothing is Beyond Our Reach.”
Sure. They’re spies. This is what they do. But, somehow, you’d think that maybe, just maybe, someone with a tiny bit of sense back there at the office of the director of national intelligence would think that, “gee, a lot of people around the globe are pretty fucking angry at us for all the spying we’re doing right now. maybe we shouldn’t be spitting in their faces, mocking their concerns, and reminding them that we’re blatantly evil people who really don’t give two shits about their privacy.”
Of course, that would take some actual recognition of what anyone thinks of them, and that doesn’t seem to be part of the way that the US intelligence community operates.
NSA Gave Employees Ridiculous ‘Talking Points’ To Spread Among Friends And Family Over The Holidays
By Mike Masnick | Techdirt | December 3, 2013
It seems that the NSA’s “talking points” keep on leaking. The latest is a two pager it sent home with employees prior to Thanksgiving, so they’d have substance-free pablum to say in response to any family and friends who might actually have been paying attention to the news lately, and have some concerns to raise about the NSA violating our privacy and the Constitution. The document is broadly split into five sections, with sub talking points within each section. Here are the key points (underlines in the original):
- NSA’s mission is of great value to the Nation”
- NSA performs its mission the right way—lawful, compliant and in a way that protects civil liberties and privacy
- NSA performs its mission exceptionally well. We strive to be the best that we can be, because that’s what America requires as part of its defense in a dangerous world
- The people who work for NSA are loyal Americans with expert skills who make sacrifices to help protect the freedoms we all cherish
- NSA is committed to increased transparency, public dialog and faithful implementation of any changes required by our overseers.
Almost all of the talking points are misleading, with some clearly being outright lies. Kevin Gosztola at Firedoglake, who first obtained and published these talking points, does an incredibly thorough demolishing of the talking points, so I highly recommend reading that. Here’s a short snippet:
“NSA programs protect Americans and our Allies,” the document reads. “As an example, they have helped to understand and disrupt 54 terrorist events since 9/11: 25 in Europe, 11 in Asia and 5 in Africa. Thirteen of those had a homeland nexus.”
Deputy Director John Inglis admitted in August during a Senate hearing, when pressed by Sen. Patrick Leahy, that US bulk records phone spying had been “critical” in stopping just one terrorist plot. He clarified that the spying on phone records had only “made a contribution” to discovering the 13 plots.
Sens. Ron Wyden, Mark Udall & Martin Heinrich, who filed a brief in support of an American Civil Liberties Union (ACLU) lawsuit challenging the collection of phone records of all Americans, explained the Executive Branch has defended the program by conflating it with “other foreign intelligence authorities.” The senators highlighted the fact that the collection under Section 215 of the PATRIOT Act had played “little or no role in most of these disruptions.”
“Indeed of the original fifty-four that the government pointed to, officials have only been able to describe two that involved materially useful information obtained through the bulk call-records program,” the senators added. “Even the two supposed success stories involved information that [the senators] believe—after repeated requests to the government for evidence to the contrary—could readily have been obtained without a database of all Americans’ call records.”
At this point, any intelligence agency leader, member of Congress or government official who highlights 54 “thwarted” plots is advancing propaganda to save the NSA from being forced into giving up this power to collect the phone records of all Americans.
There’s much, much more at the original. Go read it. Most of these talking points are pretty much what you’d expect, and the standard doublespeak we’ve been hearing from the NSA and its defenders ever since the Snowden revelations began. At best they’re setting up strawmen to knock down. No one has argued that NSA employees aren’t American citizens. We just question what they’re doing. Furthermore, the whole “lawful, compliant” thing is kind of laughable, given the numerous examples of abuses, and the regular discussions from the courts about how the NSA has abused its mandate. Even more to the point, many of these programs simply have not been challenged in court in an actual trial, so claiming that they’re legal is a huge stretch.
Maybe it’s time that someone put together a list of “talking points” for friends and family of NSA employees to read back to them the next time they spew these kinds of bogus claims.
Bonus: The folks at Gawker worked the talking points into a script. Here’s a snippet:
DAD: So, Ted, how’s work lately?
UNCLE TED: NSA’s mission is of great value to the Nation.
DAD: Oh, for sure. I was just thinking since it’s been in the news a lot…
UNCLE TED: NSA performs timely, actionable intelligence to political and military customers who use that information in a range of activities from decisionmaking to military operations.
DAD: …
MOM: Honey, maybe Ted doesn’t want to talk abou—
UNCLE TED: NSA performs its mission the right way—lawful, compliant, and in a way that protects civil liberties and privacy.
KEITH ALEXANDER: Pass the salt?
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From the Archives
Fourteen Incredible Facts About 9/11
By Kevin Ryan | Dig Within | August 8, 2015
… What is known about 9/11 is that there are many incredible facts that continue to be ignored by the government and the mainstream media. Here are fourteen.
- An outline of what was to become the 9/11 Commission Report was produced before the investigation began. The outline was kept secret from the Commission’s staff and appears to have determined the outcome of the investigation.
- The 9/11 Commission claimed sixty-three (63) times in its Report that it could find “no evidence” related to important aspects of the crimes.
- One person, Shayna Steiger, issued 12 visas to the alleged hijackers in Saudi Arabia. Steiger issued some of the visas without interviewing the applicants and fought with another employee at the embassy who tried to prevent her lax approach.
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