Did The NSA Think The Public Can’t Do Math? Attempt To Downplay Data Collection Fails Miserably
By Mike Masnick | Techdirt | August 14, 2013
Last week we wrote about the NSA’s ridiculous attempt to justify its surveillance efforts, including this really wacky callout designed to show just how “little” data the NSA collects.
Scope and Scale of NSA Collection
According to figures published by a major tech provider, the Internet carries 1,826 Petabytes of information per day. In its foreign intelligence mission, NSA touches about 1.6% of that. However, of the 1.6% of the data, only 0.025% is actually selected for review. The net effect is that NSA analysts look at 0.00004% of the world’s traffic in conducting their mission — that’s less than one part in a million. Put another way, if a standard basketball court represented the global communications environment, NSA’s total collection would be represented by an area smaller than a dime on that basketball court.
This was bizarre on a number of levels, not the least of which is the wacky basketball court-to-dime scale. Next time, maybe we can play “is it bigger than a breadbox” with the NSA. But, as for what any of this meant, it hasn’t been at all clear. Since the NSA has already redefined basic English words like “collect,” “target,” “datamine,” and “relevant” it’s not at all clear what is meant by “touch.” However, some are starting to dig into the numbers, and contrary to the NSA’s attempt to suggest that this is “nothing to fear,” a bit of analysis certainly suggests they’re collecting quite a bit of info.
First up, we have Jeff Jarvis, who highlights a bunch of important comparative datapoints including that Sandvine claims that only 2.9% of US traffic is communication traffic and 68.8% of all email is spam — meaning that it’s entirely possible that the NSA collects nearly all non-spam email and it would still be within its 1.6% number. He also points out that 62% of traffic on the internet is considered entertainment, and we can assume that the NSA doesn’t need to collect every copy of Game of Thrones that people are passing around (I’m sure one or two will do the job). He similarly points out that Google itself claims to only index approximately 0.004% of traffic on the internet, suggesting that the NSA may be collecting more info than Google indexes by two orders of magnitude.
Meanwhile, Sean Gallagher, over at Ars Technica, digs a bit deeper into the numbers, suggesting that the NSA’s data collection is closer to being on par with Google, but still greater than Google:
The dime on the basketball court, as NSA describes it, is still 29.21 petabytes of data a day. That means NSA is “touching” more data than Google processes every day (a mere 20 petabytes).
Gallagher also looks much more closely at the recently revealed details of the Xkeyscore program, to show how that 1.6% of “touched” internet communications can cover pretty much everything important.
As a result, if properly tuned, the packet analyzer gear at the front-end of XKeyscore (and other deep packet inspection systems) can pick out a very small fraction of the actual packets sent over the wire while still extracting a great deal of information (or metadata) about who is sending what to who. This leaves disk space for “full log data” on connections of particular interest.
In other words, while the 1.6% number was put forth by the NSA to try to make people think this is no big deal, when you look at what it means, it suggests it’s a very big deal indeed. In fact, the NSA may be collecting even more information that people had believed before.
A Guide to the Deceptions, Misinformation, and Word Games Officials Use to Mislead the Public About NSA Surveillance
By Trevor Timm | EFF | August 14, 2013
It’s been two months since President Barack Obama first said that he welcomes a debate about NSA surveillance, which he once again reiterated last week at his press conference. Unfortunately, it’s very hard to have a real debate about a subject when the administration constantly and intentionally misleads Americans about the NSA’s capabilities and supposed legal powers.
Infamously, the Director of National Intelligence (DNI) James Clapper was forced to apologize for lying to Congress about whether the government was collecting information on millions of Americans, but that was merely the tip of the administration’s iceberg of mendacity and misdirection. At this point, it seems nothing the government says about the NSA can be taken at face value.
NSA’s Bizarro Dictionary
The latest example comes from the New York Times last week, which reported that the NSA is “searching the contents of vast amounts of Americans’ e-mail and text communications into and out of the country.” Despite the fact that millions of people’s communications are collected in bulk, the NSA says that this isn’t “bulk collection.” From the NYT story:
The senior intelligence official argued, however, that it would be inaccurate to portray the N.S.A. as engaging in “bulk collection” of the contents of communications. “ ‘Bulk collection’ is when we collect and retain for some period of time that lets us do retrospective analysis,” the official said. “In this case, we do not do that, so we do not consider this ‘bulk collection.’ ”
In other words, because the NSA does some sort of initial content searches of the bulk communications that they collect, perhaps using very fast computers, then only keep some unknown subset of that greater bulk for a later date, no “bulk collection” occurs. This is ridiculous. No matter how you slice it, the NSA is mass collecting and searching millions of American communications without a warrant.
Keep in mind that officials have previously said communications aren’t even “collected” when they are intercepted and stored in a database for long periods of time, much less “bulk collected.” Orwell would be impressed.
We’ve long documented the NSA’s unbelievable definitions of ordinary words like “collect,” “surveillance,” and “communications,” publishing a whole page of them last year. The ACLU’s Jameel Jaffer has added to the NSA’s bizarro dictionary, with words like “incidental,” “minimize” and even “no.”
The fact is, no one should have to read and parse a sentence a half-dozen times, plus have access to a secret government dictionary, in order to decipher its meaning. Yet, that’s apparently how the administration wants this debate to proceed.
Question Misdirection
When government officials can’t directly answer a question with a secret definition, officials will often answer a different question than they were asked. For example, if asked, “can you read Americans’ email without a warrant,” officials will answer: “we cannot target Americans’ email without a warrant.” As we explained last week, the NSA’s warped definition of word “target” is full of so many holes that it allows the NSA to reach into untold number of Americans’ emails, some which can be purely domestic.
“Under this Program” Dodge
Another tried and true technique in the NSA obfuscation playbook is to deny it does one invasive thing or another “under this program.” When it’s later revealed the NSA actually does do the spying it said it didn’t, officials can claim it was just part of another program not referred to in the initial answer.
This was the Bush administration’s strategy for the “Terrorist Surveillance Program”: The term “TSP” ended up being a meaningless label, created by administration officials after the much larger warrantless surveillance program was exposed by the New York Times in 2005. They used it to give the misleading impression that the NSA’s spying program was narrow and aimed only at intercepting the communications of terrorists. In fact, the larger program affected all Americans.
Now we’re likely seeing it as part of the telephone records collection debate when administration officials repeat over and over that they aren’t collecting location data “under this program.” Sen. Ron Wyden has strongly suggested this might not be the whole story.
From Downright False to Impossible to Understand
Some statements by government officials don’t seem to have any explanation.
The night before the New York Times story on “vast” warrantless searches of Americans’ communications came out, Obama told Jay Leno on The Tonight Show, “We don’t have a domestic spying program.” Mr. President, what do you call collecting the phone records of all Americans and searching any email sent by an American that happens to cross the border? That sounds a lot like a domestic spying program.
Similarly, Sen. Dianne Feinstein, chair of the Senate Intelligence Committee, recently said this: “[T]he government cannot listen to an American’s telephone calls or read their emails without a court warrant issued upon a showing of probable cause.” Leaked documents and, honestly, the FISA Amendments Act itself show Feinstein’s statement simply isn’t true—if Americans are talking to a “target” their telephone calls are listened to and their emails can be read without a warrant (and that doesn’t even include the searching of Americans’ communications that are “about a target”). All of those searches are done without a court order, much less a warrant based on probable cause.
Previously, President Obama has called the inherently secret FISA court “transparent,” to the befuddlement of just about everyone. A court that has issued tens of thousands of secret orders, while creating a secret body of privacy and Fourth Amendment law, is not “transparent” by any measure.
Just last week, the president claimed he would appoint an “independent” board of “outside” observers to review the surveillance programs, only to put DNI Clapper—the same man who lied to Congress and the public about the scope of the program—in charge of picking the members. The White House has since backtracked, but the DNI still will report the group’s findings to the President.
These are not all of the misleading statements, merely just a few that stick out at the moment. If the president is serious about transparency, he can start by declassifying the dictionary his administration is using to debate, and start speaking straight to the American public. A one-sided presentation of the facts, without straightforward answers to the public’s questions, isn’t really a debate at all.
Related articles
- The NSA is turning the internet into a total surveillance system
- Confessed Liar To Congress, James Clapper, Gets To Set Up The ‘Independent’ Review Over NSA Surveillance
- Jennifer Hoelzer’s Insider’s View Of The Administration’s Response To NSA Surveillance Leaks
- Pro-NSA Editorial Flails Wildly, Snarks At Internet Users And Claims Those Challenging NSA’s Reach ‘Hate Obama’
Multiple New Polls Show Americans Reject Wholesale NSA Domestic Spying
By Mark M. Jaycox and Trevor Timm | EFF | August 13, 2013
Update: Polls further confirm that Americans are deeply concerned with the unconstitutional NSA spying programs. In a July 10 poll by Quinnipiac University, voters were asked whether the government’s efforts “go too far in restricting the average person’s civil liberties” or “not far enough to adequately protect the country.” The poll revealed that Americans largely believe that the government has gone too far by a margin of 45% to 40%. This is a clear reversal from a January 2010 survey in which the same question found that 63% of voters believed the government didn’t “go far enough to adequately protect the country.”
Polls further reveal Americans as highly skeptical of the programs. In an Economist/YouGov poll, 56% of Americans do not think the NSA is telling the truth about the unconstitutional spying. The same poll found that 59% of people disapprove of the spying, while only 35% approve of it. These numbers are not outliers and are supported by a recent Fox News poll (.pdf) finding 62% of Americans think the collection of phone records is “an unacceptable and alarming invasion of privacy rights.”
The latest poll, performed by Pew, affirms every one of these conclusions. Not only are Americans skeptical about the program, but they also believe the government has gone too far—the same exact conclusion found in the Quinnipiac poll. In a series of questions, Pew asked Americans whether they supported or opposed the program with different phrasings. As Pew reports: “Under every condition in this experiment more respondents oppose than favor the program.” The Pew poll is full of evidence supporting the fact that Americans oppose the unconstitutional spying, are skeptical of government claims about the unconstitutional NSA spying, and are increasingly concerned about their privacy rights.
____________________________________________________________________________________________________
In the 1950s and 60s, the NSA spied on all telegrams entering and exiting the country. The egregious actions were only uncovered after Congress set up an independent investigation called the Church Committee in the 1970s after Watergate. When the American public learned about NSA’s actions, they demanded change. And the Church Committee delivered it by providing more information about the programs and by curtailing the spying.
Just like the American public in the 1970s, Americans in the 2010s know that when the government amasses dossiers on citizens, it’s neither good for security nor for privacy. And a wide range of polls this week show widespread concern among the American people over the new revelations about NSA domestic spying.
Yesterday, the Guardian released a comprehensive poll showing widespread concern about NSA spying. Two-thirds of Americans think the NSA’s role should be reviewed. The poll also showed Americans demanding accountability and more information from public officials—two key points of our recently launched stopwatching.us campaign.
But there’s more. So far, Gallup has one of the better-worded questions, finding that 53% of Americans disapprove of the NSA spying. A CBS poll also showed that a majority—at 58%—of Americans disapprove of the government “collecting phone records of ordinary Americans.” And Rasmussen—though sometimes known for push polling—also recently conducted a poll showing that 59% of Americans are opposed to the current NSA spying.
The only poll showing less than a majority on the side of government overreach was Pew Research Center, which asked Americans whether it was acceptable that the NSA obtained “secret court orders to track the calls of millions of Americans to investigate terrorism.” Pew reported that 56% of Americans said it was “acceptable.” But the question is poorly worded. It doesn’t mention the widespread, dragnet nature of the spying. It also neglects to describe the “information” being given—metadata, which is far more sensitive and can provide far more information than just the ability to “track the calls” of Americans. And it was conducted early on in the scandal, before it was revealed that the NSA doesn’t even have to obtain court orders to search already collected information.
Despite the aggregate numbers, many of the polls took place at the same time Americans were finding out new facts about the program. More questions must be asked. And if history is any indication, the American people will be finding out much more. Indeed, just today the Guardian reported that its working on a whole new series with even more NSA revelations about spying.
One thing is definitely clear: the American public is demanding answers and needs more information. That’s why Congress must create a special investigatory committee to reveal the full extent of the programs. Democracy demands it. Go here to take action.
Jennifer Hoelzer’s Insider’s View Of The Administration’s Response To NSA Surveillance Leaks
By Jennifer Hoelzer | Techdirt | August 10, 2013
In a bit of fortuitous timing, this week we had asked former deputy chief of staff for Ron Wyden, Jennifer Hoelzer, to do our weekly “Techdirt Favorites of the Week” post, in which we have someone from the wider Techdirt community tell us what their favorite posts on the site were. As you’ll see below, Hoelzer has a unique and important perspective on this whole debate concerning NSA surveillance, and given the stories that came out late Friday, she chose to ditch her original post on favorites and rewrite the whole thing from scratch last night (and into this morning). Given that, it’s much, much more than a typical “favorites of the week” post, and thus we’ve adjusted the title appropriately. I hope you’ll read through this in its entirety for a perspective on what’s happening that not many have.
Tim Cushing made one of my favorite points of the week in his Tuesday post “Former NSA Boss Calls Snowden’s Supporters Internet Shut-ins; Equates Transparency Activists With Al-Qaeda,” when he explained that “some of the most ardent defenders of our nation’s surveillance programs” — much like proponents of overreaching cyber-legislation, like SOPA — have a habit of “belittling” their opponents as a loose confederation of basement-dwelling loners.” I think it’s worth pointing out that General Hayden’s actual rhetoric is even more inflammatory than Cushing’s. Not only did the former NSA director call us “nihilists, anarchists, activists, Lulzsec, Anonymous, twenty-somethings who haven’t talked to the opposite sex in five or six years,” he equates transparency groups like the ACLU with al Qaeda.
I appreciated this post for two reasons:
First of all, it does a great job of illustrating a point that I’ve long made when asked for advice on communicating tech issues, which is that the online community is as diverse and varied as the larger world we live in. Of course, we are more likely to come across the marginal opinions of twenty-somethings with social anxiety online because, unlike the larger world, the Internet gives those twenty-somethings just as much of an opportunity to be heard as a Harvard scholar, a dissident protesting for democracy or General Hayden himself.
Sure, it can be infuriating to read scathingly hostile comments written by troubled individuals who clearly didn’t take the time to read the post you spent countless hours carefully writing (not that that has ever happened to me) but isn’t one of the things that makes the Internet so darn special its unwavering reminder that free speech includes speech we don’t appreciate? Of course, that’s a point that tends to get lost on folks — like General Hayden — who don’t seem to understand that equating the entirety of the online world with terrorists is a lot like posting a scathing comment to a story without reading it. You can’t expect someone to treat you or your opinion with respect — online or anywhere else — when you’re being disrespectful. And I can imagine no greater disrespect for the concepts of transparency and oversight than to equate them with the threats posed by terrorist groups like al Qaeda.
But my main reason for singling out Tim’s post this week is that Hayden’s remark goes to the heart of what I continue to find most offensive about the Administration’s handling of the NSA surveillance programs, which is their repeated insinuation that anyone who raises concerns about national security programs doesn’t care about national security. As Tim explains this “attitude fosters the “us vs. them” antagonism so prevalent in these agencies dealings with the public. The NSA (along with the FBI, DEA and CIA) continually declares the law is on its side and portrays its opponents as ridiculous dreamers who believe safety doesn’t come with a price.”
To understand why I find this remark so offensive, I should probably tell you a little about myself. While the most identifying aspect of my resume is probably the six years I spent as U.S. Senator Ron Wyden’s communications director and later deputy chief of staff, I started college at the U.S. Naval Academy and spent two years interning for the National Security Council. I had a Top Secret SCI clearance when I was 21 years old and had it not been for an unusual confluence of events nearly 15 years ago — including a chance conversation with a patron of the bar I tended in college — I might be working for the NSA today. I care very deeply about national security. Moreover — and this is what the Obama Administration and other proponents of these programs fail to understand — I was angry at the Administration for its handling of these programs long before I knew what the NSA was doing. That had a lot to do with the other thing you should probably know about me: during my tenure in Wyden’s office, I probably spent in upwards of 1,000 hours trying to help my boss raise concerns about programs that he couldn’t even tell me about.
Which brings me to my next favorite Techdirt post of the week, Mike’s Friday post entitled “Don’t Insult Our Intelligence, Mr. President: This Debate Wouldn’t Be Happening Without Ed Snowden,” which is a much less profane way of summing up my feelings about the President’s “claim that he had already started this process prior to the Ed Snowden leaks and that it’s likely we would [have] ended up in the same place” without Snowden’s disclosure.
“What makes us different from other countries is not simply our ability to secure our nation,” Obama said. “It’s the way we do it, with open debate and democratic process.”
I hope you won’t mind if I take a moment to respond to that.
Really, Mr. President? Do you really expect me to believe that you give a damn about open debate and the democratic process? Because it seems to me if your Administration was really committed to those things, your Administration wouldn’t have blocked every effort to have an open debate on these issues each time the laws that your Administration claims authorize these programs came up for reauthorization, which — correct me if I am wrong — is when the democratic process recommends as the ideal time for these debates.
For example, in June 2009, six months before Congress would have to vote to reauthorize Section 215 of the Patriot Act, which the Obama Administration claims gives the NSA the authority to collect records on basically every American citizen — whether they have ever or will ever come in contact with a terrorist — Senators Wyden, Feingold and Durbin sent Attorney General Eric Holder a classified letter “requesting the declassification of information which [they] argued was critical for a productive debate on reauthorization of the USA PATRIOT Act.”
In November 2009, they sent an unclassified letter reiterating the request, stating:
“The PATRIOT Act was passed in a rush after the terrorist attacks of September 11, 2001. Sunsets were attached to the Act’s most controversial provisions, to permit better-informed, more deliberative consideration of them at a later time. Now is the time for that deliberative consideration, but informed discussion is not possible when most members of Congress – and nearly all of the American public – lack important information about the issue.”
Did President Obama jump at the opportunity to embrace the democratic process and have an open debate then? No. Congress voted the following month to reauthorize the Patriot Act without debate.
In May 2011, before the Senate was — again — scheduled to vote to reauthorize the Patriot Act, Senators Wyden and Udall — again — called for the declassification of the Administration’s secret interpretation of Section 215. This time, in a Huffington Post Op-Ed entitled “How Can Congress Debate a Secret Law?” they wrote:
Members of Congress are about to vote to extend the most controversial provisions of the USA PATRIOT Act for four more years, even though few of them understand how those provisions are being interpreted and applied.
As members of the Senate Intelligence Committee we have been provided with the executive branch’s classified interpretation of those provisions and can tell you that we believe there is a significant discrepancy between what most people — including many Members of Congress — think the Patriot Act allows the government to do and what government officials secretly believe the Patriot Act allows them to do.
Legal scholars, law professors, advocacy groups, and the Congressional Research Service have all written interpretations of the Patriot Act and Americans can read any of these interpretations and decide whether they support or agree with them. But by far the most important interpretation of what the law means is the official interpretation used by the U.S. government and this interpretation is — stunningly –classified.
What does this mean? It means that Congress and the public are prevented from having an informed, open debate on the Patriot Act because the official meaning of the law itself is secret. Most members of Congress have not even seen the secret legal interpretations that the executive branch is currently relying on and do not have any staff who are cleared to read them. Even if these members come down to the Intelligence Committee and read these interpretations themselves, they cannot openly debate them on the floor without violating classification rules.
During the debate itself, Wyden and Udall offered an amendment to declassify the Administration’s legal interpretation of its Patriot Act surveillance authorities and, in a twenty minute speech on the Senate floor, Wyden warned that the American people would one day be outraged to learn that the government was engaged in surveillance activities that many Americans would assume were illegal, just as they were every other time the national security committee has tried to hide its questionable activities from the American people.
Fun aside: As you can see in the video, to underscore the point that hiding programs from the American people rarely goes well for the Administration, I had my staff make a poster of the famous image of Oliver North testifying before Congress during the Iran-Contra hearing. I really wanted to replace North’s face with the words “insert your photo here,” but we didn’t have the time.
Did President Obama welcome an open debate at that time?
No. Congress voted to reauthorize the Patriot Act for four more years and the only point we — as critics — could raise that might be confused with debate was a hypothetical argument illustrated with a twenty-year-old picture of Oliver North. And, again, Senator Wyden couldn’t even tell me what he was so concerned about. In strategy meetings with me and his Intelligence Committee staffer, I had to repeatedly leave the room when the conversation strayed towards details they couldn’t share with me because I no longer had an active security clearance. “You know, it would be a lot easier if you could just tell me what I can’t say?” I’d vent in frustration. They agreed, but still asked me to leave the room.
And that was just the Patriot Act. Did the President — who now claims to welcome open debate of his Administration’s surveillance authorities — jump at the opportunity to have such a debate when the FISA Amendments Act came up for reauthorization?
No. Not only did the Administration repeatedly decline Senator Wyden’s request for a “ballpark figure” of the number of Americans whose information was being collected by the NSA last year, just a month after the Patriot Act reauthorization, the Senate Intelligence Committee attempted to quietly pass a four year reauthorization of the controversial surveillance law by spinning it as an effort to: “Synchronize the various sunset dates included in the Foreign Intelligence Surveillance Act of 1978 to June 1, 2015;” So, I guess if this was part of the Administration’s plan to publicly debate the NSA’s surveillance authorities, the plan was for the debate to take place in 2015?
And, as I explained in an interview with Brian Beutler earlier this summer, that is just a fraction of the ways the Obama Administration and the Intelligence Communities ignored and even thwarted our attempts to consult the public on these surveillance programs before they were reauthorized. In fact, after the Senate Intelligence Committee hearing in which Wyden attempted to close the FAA’s Section 702 loophole, which another important Techdirt post this week explains, “gives the NSA ‘authority’ to run searches on Americans without any kind of warrant,” I — as Wyden’s spokesperson — was specifically barred from explaining the Senator’s opposition to the legislation to the reporters. In fact, the exact response I was allowed to give reporters was:
“We’ve been told by Senator Feinstein’s staff that under the SSCI’s Committee Rule 9.3, members and staff are prohibited from discussing the markup or describing the contents of the bill until the official committee report is released. The fact that they’ve already put out a press release does not lift this prohibition.”
That’s right, supporters of a full scale reauthorization of the FISA Amendments Act put out a press release explaining why this was a good thing, while explicitly barring the Senator who voted against the legislation from explaining his concerns.
Months later, the FISA Amendments Act, which the Administration contends authorizes its PRISM program, passed without the open debate that the President now contends he wanted all along. And, again, I’m only touching on a fraction of the efforts just Senator Wyden made to compel the administration to engage the American people in a democratic debate. I, obviously, haven’t mentioned the Director of National Intelligence’s decision to lie when Wyden “asked whether the NSA had collected ‘any type of data at all on millions of Americans.'” (Btw: Given that Wyden shared his question with the ODNI the day before the hearing, I am highly skeptical that Clapper’s decision to lie was made unilaterally.) Or the fact that the Obama Administration repeatedly fought lawsuits and FOIA requests for, again — not sources and methods — but the Section 215 legal interpretation that the Administration claims authorizes its surveillance authorities.
The below is an excerpt from a March 2012 letter that Wyden and Udall sent the Obama Administration urging them to respect the democratic process:
The Justice Department’s motion to dismiss these Freedom of Information Act lawsuits argues that it is the responsibility of the executive branch to determine the best way to protect the secrecy of intelligence sources and methods. While this is indeed a determination for the executive branch to make, we are concerned that the executive branch has developed a practice of bypassing traditional checks and balances and treating these determinations as dispositive in all cases. In other words, when intelligence officials argue that something should stay secret, policy makers often seem to defer to them without carefully considering the issue themselves. We have great respect for our nation’s intelligence officers, the vast majority of whom are hard-working and dedicated professionals. But intelligence officials are specialists — it is their job to determine how to collect as much information as possible, but it is not their job to balance the need for secrecy with the public’s right to know how the law is being interpreted. That responsibility rests with policy makers, and we believe that responsibility should not be delegated lightly.
But, as Mike’s last post on Friday explains, “President Obama flat out admitted that this was about appeasing a public that doesn’t trust the administration, not about reducing the surveillance.” Mike’s insight continues:
Even more to the point, his comments represent a fundamental misunderstanding of why the public doesn’t trust the government. That’s because he keeps insisting that the program isn’t being abused and that all of this collection is legal. But, really, that’s not what the concern is about. Even though we actually know that the NSA has a history of abuse (and other parts of the intelligence community before that), a major concern is that scooping up so much data is considered legal in the first place.
I’d go even further than that and argue that a big part of the reason the American people are having a hard time trusting their government is that the public’s trust in government is harmed every time the American people learn that their government is secretly doing something they not only assumed was illegal but that government officials specifically told them they weren’t doing. Hint: When the American people learn that you lied to them, they trust you less.
I think it’s hard for the American people to trust their President when he says he respects democratic principles, when his actions over the course of nearly five years demonstrate very little respect for democratic principles.
I think the American people would be more likely to trust the President when he says these programs include safeguards that protect their privacy, if he — or anyone else in his administration — seemed to care about privacy rights or demonstrated an understanding of how the information being collected could be abused. Seriously, how are we supposed to trust safeguards devised by people who don’t believe there is anything to safeguard against?
I think it’s understandably hard for the American people to trust the President when he says his Administration has the legal authority to conduct these surveillance programs when one of the few things that remains classified about these programs is the legal argument that the administration says gives the NSA the authority to conduct these programs. This is the document that explains why the Administration believes the word “relevant” gives them the authority to collect everything. It’s also the document I’d most like to see since it’s the document my former boss has been requesting be declassified for more than half a decade. (A reporter recently asked me why I think the Administration won’t just declassify the legal opinion given that the sources and methods it relates to have already been made public. “I think that’s pretty obvious,” I said. “I believe it will be much harder for the Administration to claim that these programs are legal, if people can see their legal argument.”)
I think it’s hard for the American people to trust the President when his administration has repeatedly gone out of its way to silence critics and — again — treat oversight as a threat on par with al Qaeda. As another great Techdirt post this week — US Releases Redacted Document Twice… With Different Redactions — illustrates, many of the Intelligence Community’s classification decisions seem to be based more on a desire to avoid criticism than clear national security interests. And as Senator Wyden said back in 2007, when then CIA Director Hayden (yes, the same guy who thinks we’re all losers who can’t get laid) attempted to undermine oversight over his agency by launching an investigation into the CIA’s inspector general, “people who know that they’re doing the right thing aren’t afraid of oversight.”
Which reminds me of the Techdirt post this week that probably haunted me the most. Ed Snowden’s Email Provider, Lavabit, Shuts Down To Fight US Gov’t Intrusion. Mike uses the post to explain that Ladar Levison, the owner and operator of Labavit — the secure email service that provided Edward Snowden’s email account — decided to shut down his email service this week.
Not much more information is given, other than announced plans to fight against the government in court. Reading between the lines, it seems rather obvious that Lavabit has been ordered to either disclose private information or grant access to its secure email accounts, and the company is taking a stand and shutting down the service while continuing the legal fight. It’s also clear that the court has a gag order on Levison, limiting what can be said.
The part that haunted me, though, was a line Levon included in his email informing customers of his decision:
“I feel you deserve to know what’s going on,” he wrote. “The first amendment is supposed to guarantee me the freedom to speak out in situations like this.”
He’s right, isn’t he? If these aren’t the moments the First Amendment was meant for, what are? Moreover, if the Administration is so convinced that its requests of Labavit are just, why are they afraid to hold them up to public scrutiny?
In his book, Secrecy: The American Experience, former Senator Daniel Patrick Moynihan included a quote from a 1960 report issued by the House Committee on Operations which I believe provides a far better response than anything I could write on my own:
Secrecy — the first refuge of incompetents — must be at a bare minimum in a democratic society for a fully informed public is the basis of self government. Those elected or appointed to positions of executive authority must recognize that government, in a democracy, cannot be wiser than its people.
Which brings me to my final point (at least for now) I think it’s awfully hard for the American people to trust the President and his administration when their best response to the concerns Americans are raising is to denigrate the Americans raising those concerns. Because, you see, I have a hard time understanding why my wanting to stand up for democratic principles makes me unpatriotic, while the ones calling themselves patriots seem to think so little of the people and the principles that comprise the country they purport to love.
Related article
Greenwald Testifies to Brazilian Senate about NSA Espionage Targeting Brazil and Latin America
By Mabel Duran-Sanchez | CEPR Americas Blog | August 10, 2013
This past Tuesday, investigative journalist Glenn Greenwald testified before the Brazilian Senate’s Committee on Foreign Relations and National Defense (CRE) at a public hearing on the clandestine surveillance activities of the U.S. National Security Agency (NSA) in Brazil.
Greenwald, who has published many top-secret NSA documents leaked to him by whistleblower Edward Snowden, explained how the agency’s surveillance programs go far beyond gathering intelligence related to terrorism and other national security threats, as the U.S. government has suggested. According to Greenwald, NSA spying has focused on foreign business interests as a means for the U.S. government to gain a competitive advantage in negotiations. Greenwald mentioned that he has information regarding instances of NSA surveillance of the Organization of American States (OAS) and secret intelligence documents on economic agreements with Latin American nations. He explained that this type of surveillance has helped the U.S. to make the agreements appear more appealing to Latin American countries. Brazil’s concern about this economic espionage is particularly understandable given that it is the U.S.’s largest trading partner in South America.
During the hearing, Greenwald made reference to a 2009 letter wherein Thomas Shannon, the former Assistant Secretary of State for Western Hemisphere Affairs (from November 2005 – November 2009) and current U.S. Ambassador to Brazil, celebrated the NSA’s surveillance program in Latin America and how it has helped advance U.S. foreign policy goals in the region. Greenwald wrote a detailed account of his findings in an article entitled “Did Obama know what they were thinking?” in the Brazilian print magazine, Época. In this piece, Greenwald explains that Shannon’s letter, addressed to NSA Director Keith Alexander, discusses how the spy agency obtained hundreds of documents belonging to Latin American delegations detailing their “plans and intentions” during the summit. Shannon asserted that these documents were instrumental in helping the Obama administration engage with the delegations and deal with “controversial subjects like Cuba” and “difficult counterparts” like former President of Venezuela, Hugo Chávez, and Bolivian President, Evo Morales. In the same letter Shannon encouraged Alexander to continue providing similar intelligence as “the information from the NSA will continue to give us the advantage that our diplomacy needs,” especially ahead of an upcoming OAS General Assembly meeting in which he knew discussions on Cuba’s suspension from the OAS would ensue.
Greenwald went on to explain the functioning of the NSA’s XKeyscore program to the Brazilian senators, which he referred to as the most frightening of all the programs revealed thus far. He also discussed the first U.S. secret surveillance program revealed to the world, PRISM. In the next 10 days, Greenwald said, he will have further reports on U.S. surveillance and “[t]here will certainly be many more revelations on spying by the U.S. government and how they are invading the communications of Bra[z]il and Latin America.”
When asked by the current CRE President, Senator Ricardo Ferraço, what the international community should do if the U.S. continues its mass surveillance programs, Greenwald said that although many governments around the world have expressed indignation, it has been a “superficial indignation.” He called on foreign governments to put pressure on the U.S. by granting Snowden asylum, which would be most effective if many countries were to do so.
According to Reuters, Greenwald also told reporters that “[t]he Brazilian government is showing much more anger in public than it is showing in private discussions with the U.S. government,” but that “[a]ll governments are doing this, even in Europe.” Although some Brazilian senators have questioned President Rousseff’s upcoming trip to Washington, yesterday, Foreign Minister Antonio Patriota told reporters that “the trip is still on.” Nevertheless, Patriota added that the NSA revelations are “an issue that cannot be left out of the bilateral US-Brazil agenda,” and that he would raise the issue when John Kerry travels to Brasilia early next week.
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Will it work? German email companies adopt new encryption to foil NSA
RT | August 9, 2013
Communications sent between Germany’s two leading email providers will now be encrypted to provide better security against potential NSA surveillance. Experts say the move will do little to thwart well-equipped snoopers.
The “E-mail made in Germany” project has been set up in the wake of US surveillance revelations made by NSA whistleblower Edward Snowden. National Security Agency documents show that the agency intercepts 500 million phone calls, texts, and emails in Germany each month.
“Germans are deeply unsettled by the latest reports on the potential interception of communication data,” said Rene Obermann, head of Deutsche Telekom, the country’s largest email provider. “Now, they can bank on the fact that their personal data online is as secure as it possibly can be.”
Deutsche Telekom and United Internet, which operate about two-thirds of Germany’s primary email accounts, said that from now on they will use SSL (Secure Sockets Layer) – a modern, industry-standard form of encryption that scrambles signals as they are sent through cables, which is the point at which the NSA often intercepts communication. The companies will also employ exclusively German servers and internal cables when sending messages between each other.
Obermann told the media that no access to users’ email will now be possible without a warrant. However, experts claim the impact of the measure is likely to be mostly psychological and symbolic.
“This initiative helps to tackle the-day-to-day sniffing around on the communication lines but it still doesn’t prevent governments from getting information,” Stefan Frei, a research director at information security company NSS Labs, told Reuters.
As Snowden’s files revealed, the NSA specifically focuses on foreign servers – often with backing from the country that hosts them – when intercepting communication. The agency is also able to crack the SSL code, with and without help from the email operator. However, it is much harder to do so without an operator-issued “key.”
It is notable that Google and other leading companies implicated as willing participants in the PRISM surveillance program also offer SSL encoding with their email service.
“Of course the NSA could still break in if they wanted to, but the mass encryption of emails would make it harder and more expensive for them to do so,” said Sandro Gaycken, a professor of cyber security at Berlin’s Free University.
Congressional Oversight? Dianne Feinstein Says She’s ‘Not A High-Tech Techie’ But Knows NSA Can’t Abuse Surveillance
By Mike Masnick | TechDirt | August 2, 2013
As the NSA and defenders of NSA surveillance are trying to minimize the damage from the latest leak, which revealed the details of the XKeyscore program, they’re bending over backwards to insist that this program is both limited and immune from abuse. We’ve already mentioned that the claims that it can’t be abused are laughable since there’s already a well-documented history of abuse. However, even more bizarre is the following quote from Senate Intelligence Committee boss, Senator Dianne Feinstein (a staunch defender of the surveillance programs):
Feinstein said, “I am not a high-tech techie, but I have been told that is not possible.”
Note that among Feinstein’s jobs is oversight of this program. Yet, what kind of “oversight” is it when she admits that she’s not qualified to understand the technology but “has been told” that such abuses are not possible? That doesn’t seem like oversight. That seems like asking the NSA “can this system be abused?” and the NSA saying “oh, no no no, not at all.” That’s not exactly oversight, now is it?
‘Low-level NSA analysts can spy on Americans’
RT :: July 28, 2013
NSA spying programs give access to US citizens’ private data to low-level analysts with little court approval or supervision, says Guardian journalist Glenn Greenwald, who broke the story on Washington’s PRISM surveillance system.
“[PRISM] is an incredibly powerful and invasive tool,” Greenwald told ABC’s ‘This Week.’ The NSA programs are “exactly the type that Mr. Snowden described. NSA officials are going to be testifying before the Senate on Wednesday, and I defy them to deny that these programs work exactly as I’ve said.”
The NSA keeps trillions of telephone calls and emails in their databases which they can access anytime with simple screen programs, he said.
“And what these programs are, are very simple screens, like the ones that supermarket clerks or shipping and receiving clerks use, where all an analyst has to do is enter an email address or an IP address, and it does two things.”
“It searches that database and lets them listen to the calls or read the emails of everything that the NSA has stored, or look at the browsing histories or Google search terms that you’ve entered, and it also alerts them to any further activity that people connected to that email address or that IP address do in the future.”
While the program conducts wiretapping with little court approval or supervision, there are “legal constraints” on surveillance that require approval by the Foreign Intelligence Surveillance Act (FISA) of 1978, in which court judges can secretly review the government’s plans to track suspected terrorists in advance.
“You can’t target [Americans] without going to the FISA court,” Greenwald stressed. “But these systems allow analysts to listen to whatever emails they want, whatever telephone calls, browsing histories, Microsoft Word documents.”
“And it’s all done with no need to go to a court, with no need to even get supervisor approval on the part of the analyst,” he added.
Greenwald will testify before a Congressional committee on Wednesday, along with NSA officials who have previously downplayed Snowden’s claims about the agency’s easy-access data.
PRISM is a mass electronic surveillance data mining program operated by the NSA since 2007. The program was exposed by former NSA contractor Edward Snowden earlier this summer. Snowden leaked information about the program to the media, warning of a far greater extent of mass data collection than the public knew existed. The disclosures were published by The Guardian and The Washington Post on June 6.
Snowden later leaked further information to Greenwald which pertained to mass security operations carried out across the world. He spoke of British spy agency GCHQ, which uses the Tempora surveillance program. The whistleblower also shared information regarding Germany’s cooperation with US intelligence, which reportedly combs through half a billion German phone calls, emails, and text messages on a daily basis.
A call for transparency on surveillance programs
The call for increased oversight and transparency for surveillance programs has been growing, even among supporters of the NSA.
“I do think that we’re going to have to make some change to make things more transparent,” Senator Saxby Chambliss, vice chairman of the Senate Intelligence Committee, told ABC.
Former federal judge James Robertson, who used to grant surveillance orders, said he was shocked to hear of changes to allow broader authorization of NSA programs – such as the monitoring of US phone records. He urged for a reform which would to allow counter-arguments to be heard.
“What FISA does is not adjudication, but approval,” Robertson said, speaking as a witness during the first public hearings into the Snowden revelations. “This works just fine when it deals with individual applications for warrants, but the 2008 amendment has turned the FISA court into an administrative agency making rules for others to follow.”
However, government officials have defended the surveillance initiatives as authorized under law, claiming they are necessary in order to guard the country against terrorist threats.
Following Snowden’s revelations on NSA surveillance, President Barack Obama assured US citizens in June that “nobody is listening to [their] telephone calls.”
He said the surveillance programs monitor phone numbers and the durations of calls, adding that if there are any suspicions and “if the intelligence community then actually wants to listen to a phone call, they’ve got to go back to a federal judge, just like they would in a criminal investigation.”
President Obama added that America is “going to have to make some choices” between privacy and security, warning that the highly publicized programs will make it harder to target terrorists.
Meanwhile, deputy FBI Director Sean Joyce said that the “program is not intentionally used to target any US citizens” and is “key in our counter-terrorism efforts.”
Testifying on Capitol Hill before the House Permanent Select Committee on Intelligence in June, NSA director Gen. Keith Alexander claimed that the NSA’s storage of millions of phone records has thwarted more than 50 terror attacks in more than 20 countries since September 11, 2001. However, evidence of the prevented attacks has not been revealed.
EU’s response to NSA? Drones, spy satellites could fly over Europe
RT | July 27, 2013
The European Union is pondering an EU Commission proposal to acquire a fleet of surveillance drones, satellites, and planes as part of an “ambitious action” to boost the European defense industry. It follows revelations of the NSA’s spying programs.
The European Commission has issued a 17-page report, proposing some concrete steps that would encourage pan-European defense cooperation.
“Maintaining and developing defense capabilities to meet current and future challenges in spite of severe budget constraints will only be possible if far-reaching political and structural reforms are made. The time has come to take ambitious action,” the Commission’s report said.
One of the actions suggested in the report is funding a pre-commercial procurement scheme to acquire prototypes of some technologies – including drones.
The full list of technology candidates includes equipment to detect chemical, biological, radiological, nuclear and explosives threats (CBRNE), “communication equipment based on software defined radio technology,” and remotely-piloted aircraft systems (RPAS), otherwise known as drones.
According to Commission Staff Working Document accompanying the report, the European Commission has for long been eyeing the possibility of using drones over Europe.
“The European Commission has long identified the potential of this emerging technology and supported the market by investing in research and innovation relevant for RPAS through the Framework Programme for Research. A broad stakeholders’ consultation has demonstrated the necessity for action at EU level, setting as priorities the further development of RPAS civil applications and the integration of the systems into the European air space as soon as possible,” the document said.
It also claimed it would “take into account the data protection and privacy concerns associated with the civil use of RPAS.”
The drones are also proposed to be used in conjunction with other surveillance technologies, including aircraft and satellites.
Lamenting the absence of a structural link between civil and military space activities in the EU and saying that Europe “can no longer afford” the economic and political cost of such a divide, the Commission focused on several technologies that are said to be able to serve both civilian and defense objectives.
These include space surveillance and tracking (SST), which are said to be aimed at protecting satellites from space debris, boosting satellite communications (SATCOM), and building a pan-EU cutting-edge satellite surveillance capability.
The report said it is “crucial” for a number of technologies to be explored and developed in the EU, including “hyper-spectral, high resolution satellites in geostationary orbit or advanced ultra-high resolution satellites in combination with new sensor platforms such as RPAS.”
The Commission has yet to estimate to what extent the proposed moves are useful for EU security. Based on the assessment, it will “come up with a proposal for which capability needs, if any, could best be fulfilled by assets directly purchased, owned and operated by the [European] Union.”
A response to Snowden’s NSA leaks?
The Commission’s report is part of the ongoing debate on the common EU defense policy which is set to culminate in a summit of European leaders in December.
Media reports have said that the European Commission and Lady Ashton’s European External Action Service actually want to create military commands and communications systems to be used by the EU for internal security and defense purposes.
The UK, which stoutly opposes such motion, is said to be leading an intense behind-the-scenes battle against establishing an EU military operations headquarters in Brussels.
Curiously, senior European officials regard the plan as an urgent response to the recent scandal over NSA whistleblower Edward Snowden’s revelations on American and British communications surveillance.
“The Edward Snowden scandal shows us that Europe needs its own autonomous security capabilities, this proposal is one step further towards European defense integration,” a senior EU official said, as quoted by the Daily Telegraph.
However, plans to create the EU’s own security and spying agency and employ spy drones and satellites for “internal and external security policies” – which would reportedly include police intelligence, internet surveillance, protection of external borders, and maritime overwatch – will likely raise concerns that the EU is creating its own version of the NSA.
The Open Europe think tank has already warned that the EU “has absolutely no democratic mandate for actively controlling and operating military and security capabilities.”
“The fact is, European countries have different views on defense and this is best served by intergovernmental cooperation, not by European Commission attempts at nation-building,” Open Europe research analyst Pawel Swidlicki said.
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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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