When Edward Snowden gave up a lucrative career in an island paradise to blow the whistle about the US government’s staggeringly broad spying operations – revealing what thousands of others with access to the same information wouldn’t – he was going up against a system that values loyalty to those who sign your paychecks over loyalty to principle or the public. A columnist for The New York Times, which is very much a part of that system, denounced him in terms one would think would be reserved for our leaders, declaring that Snowden had “betrayed the Constitution” and “the privacy of us all” by leaking evidence of the Obama administration doing just that.
British spy agency has access to global communications, shares info with NSA
RT | June 21, 2013
The British spy agency GCHQ has access to the global network of communications, storing calls, Facebook posts and internet histories – and shares this data with the NSA, Edward Snowden has revealed to the Guardian in a new leak.
GCHQ’s network of cables is able to process massive quantities of information from both specific targets and completely innocent people, including recording phone calls and reading email messages, it was revealed on Friday.
“It’s not just a US problem. The UK has a huge dog in this fight,” Snowden told the Guardian. “They [GCHQ] are worse than the US.”
The Government Communications Headquarters agency has two different programs, aimed at carrying out this online and telephone monitoring – categorized under ‘Mastering the Internet’ and ‘Global Telecoms Exploitation.’ Both have been conducted in the absence of any public knowledge, reports the Guardian.
“If you remember, even the NSA said that they did not record phone calls, but according to these latest revelations by Edward Snowden, that up to ‘600 million’ telephone events last year were recorded a day by the GCHQ,” said RT’s Tesa Arcilla from London.
“There’s no doubt as to what the objectives of these programs were, having put them in place,” she said, emphasizing the titles.
The agency is able to store the volumes of data it amasses from fiber-optic cables for up to 30 days in an operation codenamed Tempora. The practice has been going on for around 18 months.
GCHQ which was handling 600m telephone ‘events’ a day, according to the documents, had tapped into over 200 fiber-optic cables and had the capacity to analyze data from over 46 of them at a time.
The cables used by GCHQ can carry data at 10 gigabits per second, which in theory, means they could deliver up to 21petabytes of information per day. The program is continuing to develop on a daily basis with the agency aiming to expand to the point it is able to process terabits (thousands of gigabits) of data at once.
By May last year, some 300 GCHQ-assigned analysts and 250 from the NSA had been specially allocated large quantities of data to trawl through as a result of the operations.
The Guardian reports that 850,000 NSA and outside contractors had potential access to the databases. However, the paper does not explain how it came to such an enormous figure
“These revelations reveal the scale of and the scope of cooperation between UK and US intelligence services,” said RT’s Gayane Chichakyan from Washington. “From these revelations we learned how dramatically it has expanded over the years.”
“The document shows the FISA court lets the NSA use data snagged ‘inadvertently.’ They basically give a warrant to target suspects,” she said, recalling Lieutenant General Keith Alexander’s quote after a 2008 visit to the Menwith RAF base in England: “Why can’t we collect all the signals all the time? Sounds like a good summer project for Menwith,” he had said.
The GCHQ project was first trialed in 2008. The intelligence organization has been labeled an ‘intelligence superpower’ on account of its technical capabilities, which by 2010 gave it the strongest access to internet communications out of the ‘Five Eyes’ – an international intelligence sharing alliance, including Australia, Canada, New Zealand, the UK and US, brought into existence in 1946.
The mass-surveillance has seen the interception of data from transatlantic cables that also carry data to western Europe through ‘intercept partners’ commercial companies that had entered into private agreements with GCHQ. Many have been paid off for their cooperation.
GCHQ feared that exposure of the names of the companies involved could lead to “high-level political fallout,” and took measures to ensure names were kept secret. Warrants had reportedly been issued to compel the companies to cooperate so that GCHQ could engage in spying through them.
“They have no choice,” said a Guardian intelligence source.
Snowden previously warned that he would be releasing further information pertaining to mass security operations carried out on the unwary public, stating in a previous Q & A with the Guardian that the “truth is coming, and it cannot be stopped.”
Snowden: Don’t mention the I-Word!
By Steve Sailer | June 18, 2013
The New York Times’ “public editor” writes a little piece that asks an interesting question in the title:
Following Up on the N.S.A. Revelations: Were They Really ‘Confirmations’?
By MARGARET SULLIVAN
She lists various articles over the last eight years that recounted much of what Edward Snowden said. For example, James Bamford has been covering the NSA since his 1982 book The Puzzle Palace. Bamford regularly discloses interesting information in Wired, such as the revelations of the more central NSA whistleblower William Binney.
And there were plenty of disclosures about telephone metadata snooping going back to Carl Cameron’s four-part Fox series in 2001.
No doubt there are lots of reason Snowden got so much publicity, but let me mention a subtle one. Unlike Bamford, Binney, Cameron and many others who have looked into snooping in America, Snowden, as far as I can tell, has never mentioned the I-Word: Israel.
Generally, anybody who looks into NSA questions pretty quickly notices that the NSA outsourced some spying on Americans to Israelis, and that, by now, the question of which country is the dog and which country is the tail has gotten murky. For example, here’s a 2012 Wired article by Bamford:
Shady Companies With Ties to Israel Wiretap the U.S. for the NSA
But that’s not the kind of thing that the media or, to be frank, the great majority of the American public wants to think about. We’ve all been socialized to shut our brains off when it comes to this tail wagging the dog question. Cameron got to keep his job at Fox, for example, but his series got erased from the official record.
Snowden, in contrast, has kept things nice and neat for people. Everybody seems to have a nice strong opinion about Snowden in part because he hasn’t set off the mental shutdown process that the I-Word provokes in well-trained Americans.
The advantages of knowing everything
Xymphora | June 16, 2013
Here we go: “NSA admits listening to U.S. phone calls without warrants”:
“A requirement of the 2008 law is that the NSA “may not intentionally target any person known at the time of acquisition to be located in the United States.” A possible interpretation of that language, some legal experts said, is that the agency may vacuum up everything it can domestically — on the theory that indiscriminate data acquisition was not intended to “target” a specific American citizen.”
Gathering everything is OK. Also:
“Director of National Intelligence Michael McConnell indicated during a House Intelligence hearing in 2007 that the NSA’s surveillance process involves “billions” of bulk communications being intercepted, analyzed, and incorporated into a database.
They can be accessed by an analyst who’s part of the NSA’s “workforce of thousands of people” who are “trained” annually in minimization procedures, he said. (McConnell, who had previously worked as the director of the NSA, is now vice chairman at Booz Allen Hamilton, Snowden’s former employer.)”
As far as the NSA is concerned, gathering everything without warrants is legally permitted, and once they have it, NSA analysts who are ‘trained’ to NSA standards are legally allowed to listen to whatever they want. Gathering everything is actually better than getting a FISA warrant for a particular target.
PRISM is going to take over the entire discussion, and, lo and behold, it is not that bad. Get a few more keys for the ‘lockbox’, and all will be deemed to be well.
The three big questions concerning Total Information Awareness are:
- economic – can we pay to store all this information?;
- technical – can we develop search engines that will allow us to handle all this information without becoming paralyzed by the sheer volume of it (remember that Simon’s big straw man was the ridiculousness of having FBI agents listen to all the conversations!!!), the traditional problem with totalitarian states?; and
- legal – in a country with constitutional protections for basic liberties, how is any of this allowed?
The NSA believes it has an answer to the first two of these problems, and just needs to fool Americans into believing that the presence of those scary Moooooooslims under their beds justifies a bit of bending of the constitution to finesse the legal problem. Some tinkering will be done to PRISM, and everybody will go back to sleep.
The final step will be to continue to expand the exploitation of the information as a method of social control using blackmail or something like blackmail – even the awareness that there is information out there that could be used for blackmail will start to influence behavior, particularly repressing any kind of political protest (not that there is much of that anyway) – and to use the insider information to siphon up whatever wealth is not yet in the hands of the 1% (it is a fun fact that Booz Allen is owned by the Carlyle Group).
Related articles
- Why Did Edward Snowden Go to Hong Kong?
- NSA Document Leak Proves Conspiracy To Create Big Brother Style World Control System
- DOJ launches criminal probe of NSA leaker
- US security officials said NSA leaker, journalist should be ‘disappeared’ – report
- Government Spying: Should We Be Shocked?
- Boundless Informant: NSA’s complex tool for classifying global intelligence
- The NSA’s Favorite Weasel Word To Pretend It’s Claiming It Doesn’t Spy On Americans
- The “Congress knew” defense
- NSA memo pushed to ‘rethink’ 4th Amendment
The Deeper Meaning of Mass Spying in America
By James Petras | June 14, 2013
The exposure of the Obama regime’s use of the National Security Agency to secretly spy on the communications of hundreds of millions of US and overseas citizens has provoked world-wide denunciations. In the United States, despite widespread mass media coverage and the opposition of civil liberties organizations, there has not been any mass protest. Congressional leaders from both the Republican and Democratic Parties, as well as top judges, approved of the unprecedented domestic spy program. Even worse, when the pervasive spy operations were revealed, top Senate and Congressional leaders repeated their endorsement of each and every intrusion into all electronic and written communication involving American citizens. President Obama and his Attorney General Holder openly and forcefully defended the NSA’s the universal spy operations.
The issues raised by this vast secret police apparatus and its penetration into and control over civil society, infringing on the citizens freedom of expression, go far beyond mere ‘violations of privacy’, as raised by many legal experts.
Most civil libertarians focus on the violations of individual rights, constitutional guarantees and the citizen’s privacy rights. These are important legal issues and the critics are right in raising them. However, these constitutional–legal critiques do not go far enough; they fail to raise even more fundamental issues; they avoid basic political questions.
Why has such a massive police-state apparatus and universal spying become so central to the ruling regime? Why has the entire executive, legislative and judicial leadership come out in public for such a blatant repudiation of all constitutional guarantees? Why do elected leaders defend universal political espionage against the citizenry? What kind of politics requires a police state? What kind of long-term, large scale domestic and foreign policies are illegal and unconstitutional as to require the building of a vast network of domestic spies and a hundred billion dollar corporate-state techno-espionage infrastructure in a time of budget ‘austerity’ with the slashing of social programs?
The second set of questions arises from the use of the espionage data. So far most critics have questioned the existence of massive state espionage but have avoided the vital issue of what measures are taken by the spymasters once they target individuals, groups, movements? The essential question is: What reprisals and sanctions follow from the ‘information’ that is collected, classified and made operational by these massive domestic spy networks? Now that the ‘secret’ of all-encompassing, state political spying has entered public discussion, the next step should be to reveal the secret operations that follow against those targeted by the spymasters as a ‘risk to national security’.
The Politics behind the Police State
The fundamental reason for the conversion of the state into a gigantic spy apparatus is the nature of deeply destructive domestic and foreign policies which the government has so forcefully pursued. The vast expansion of the police state apparatus is not a response to the terror attack of 9/11. The geometrical growth of spies, secret police budgets, and the vast intrusion into all citizen communications coincides with the wars across the globe. The decisions to militarize US global policy requires vast budgetary re-allocation , slashing social spending to fund empire-building; shredding public health and social security to bailout Wall Street. These are policies which greatly enhance profits for bankers and corporations while imposing regressive taxes on wage and salaried workers
Prolonged and extended wars abroad have been funded at the expense of citizens’ welfare at home. This policy had led to declining living standards for many tens of millions of citizens and rising dissatisfaction. The potential of social resistance as evidenced by the brief “Occupy Wall Street” movement which was endorsed by over 80% of the population. The positive response alarmed the state and led to an escalation of police state measures. Mass spying is designed to identify the citizens who oppose both imperial wars and the destruction of domestic welfare; labeling them as ‘security threats’ is a means of controlling them through the use of arbitrary police powers. The expansion of the President’s war powers has been accompanied by the growth and scope of the state spy apparatus: the more the President orders overseas drone attacks, the greater the number of his military interventions, the greater the need for the political elite surrounding the President to increase its policing of citizens in anticipation of a popular backlash. In this context, the policy of mass spying is taken as ‘pre-emptive action’. The greater the police state operations, the greater the fear and insecurity among dissident citizens and activists.
The assault on the living standards of working and middle class Americans in order to fund the endless series of wars, and not the so-called ‘war on terror’, is the reason the state has developed massive cyber warfare against the US citizenry. The issue is not only a question of a violation of individual privacy: it is fundamentally an issue of state infringement of the collective rights of organized citizens to freely engage in public opposition to regressive socio-economic policies and question the empire. The proliferation of permanent bureaucratic institutions, with over a million security ‘data collectors’, is accompanied by tens of thousands of ‘field operators’, analysts and inquisitors acting arbitrarily to designate dissident citizens as ‘security risks’ and imposing reprisals according to the political needs of their ruling political bosses. The police state apparatus has its own rules of self-protection and self-perpetuation; it has its own linkages and may occasionally compete with the Pentagon. The police state links up with and protects the masters of Wall Street and the propagandists of the mass media – even as it (must) spy on them!
The police state is an instrument of the Executive Branch acting as a vehicle for its arbitrary prerogative powers. However on administrative matters, it possesses a degree of ‘autonomy’ to target dissident behavior. What is clear is the high degree of cohesion, vertical discipline and mutual defense, up and down the hierarchy. The fact that one whistle-blower, Edward Snowden, emerged from the hundreds of thousands of citizen spies is the exception, the lone whistle blower, which proves the rule: There are fewer defectors to be found among the million-member US spy network than in all the Mafia families in Europe and North America.
The domestic spy apparatus operates with impunity because of its network of powerful domestic and overseas allies. The entire bi-partisan Congressional leadership is privy to and complicit with its operations. Related branches of government, like the Internal Revenue Service, cooperate in providing information and pursuing targeted political groups and individuals. Israel is a key overseas ally of the National Security Agency, as has been documented in the Israeli press (Haaretz, June 8, 2013). Two Israeli high tech firms (Verint and Narus) with ties to the Israeli secret police (MOSSAD), have provided the spy software for the NSA and this, of course, has opened a window for Israeli spying in the US against Americans opposed to the Zionist state. The writer and critic, Steve Lendman points out that Israeli spymasters via their software “front companies” have long had the ability to ‘steal proprietary commercial and industrial data” with impunity. Because of the power and influence of the Presidents of the 52 Major American Jewish organizations, Justice Department officials have ordered dozens of Israeli espionage cases to be dropped. The tight Israeli ties to the US spy apparatus serves to prevent deeper scrutiny into its operation and political goals — at a very high price in terms of the security of US citizens. In recent years two incidents stand out: Israeli security ‘experts’ were contracted to advise the Pennsylvania Department of Homeland Security in their investigation and ‘Stasi-like’ repression of government critics and environmental activists (compared to ‘al Queda terrorists’ by the Israelis) – the discovery of which forced the resignation of OHS Director James Powers in 2010. In 2003, New Jersey governor, Jim McGreevy appointed his lover, an Israeli government operative and former IDF officer, to head that state’s ‘Homeland Security Department and later resigned, denouncing the Israeli, Golan Cipel, for blackmail in late 2004. These examples are a small sample illustrating the depth and scope of Israeli police state tactics intersecting in US domestic repression.
The Political and Economic Consequences of the Spy State
The denunciations of the mass spy operations are a positive step, as far as they go. But equally important is the question of what follows from the act of spying? We now know that hundreds of millions of Americans are being spied on by the state. We know that mass spying is official policy of the Executive and is approved by Congressional leaders. But we have only fragmented information on the repressive measures resulting from the investigations of “suspect individuals”. We can assume that there is a division of labor among data collectors, data analysts and field operatives following up “risky individuals and groups”, based on the internal criteria known only to the secret police. The key spy operatives are those who devise and apply the criteria for designating someone as a “security risk”. Individuals and groups who express critical views of domestic and foreign policy are “a risk”; those who act to protest are a “higher risk”; those who travel to conflict regions are presumed to be in the “highest risk” category, even if they have violated no law. The question of the lawfulness of a citizen’s views and actions does not enter into the spymasters’ equation; nor do any questions regarding the lawfulness of the acts committed by the spies against citizens. The criteria defining a security risk supersede any constitutional considerations and safeguards.
We know from a large number of published cases that lawful critics, illegally spied upon, have subsequently been arrested, tried and jailed – their lives and those of their friends and family members shattered. We know that hundreds of homes, workplaces and offices of suspects have been raided in ‘fishing expeditions’. We know that family members, associates, neighbors, clients, and employers of “suspects” have been interrogated, pressured and intimidated. Above all, we know that tens of millions of law abiding citizens, critical of domestic economic and overseas war policies, have been censored by the very real fear of the massive operations carried out by the police state. In this atmosphere of intimidation, any critical conversation or word spoken in any context or relayed via the media can be interpreted by nameless, faceless spies as a “security threat” – and one’s name can enter into the ever growing secret lists of “potential terrorists”. The very presence and dimensions of the police state is intimidating. There are citizens who would claim that the police state is necessary to protect them from terrorists – but how many others feel compelled to embrace their state terrorists just to fend off any suspicion, hoping to stay off the growing lists? How many critical-minded Americans now fear the state and will never voice in public what they whisper at home?
The bigger the secret police, the greater its operations. The more regressive domestic economic policy, the greater the fear and loathing of the political elite.
Even as President Obama and his Democratic and Republican partners boast and bluster about their police state and its effective “security function”, the vast majority of Americans are becoming aware that fear instilled at home serves the interest of waging imperial wars abroad; that cowardice in the face of police state threats only encourages further cuts in their living standards. When will they learn that exposing spying is only the beginning of a solution? When will they recognize that ending the police state is essential to dismantling the costly empire and creating a safe, secure and prosperous America?
Leaked: NSA’s Talking Points Defending NSA Surveillance
By Mike Masnick | techdirt | June 14, 2013
The government has been passing around some “talking points” to politicians and the press trying to spin the NSA surveillance story. We’ve got the talking points about scooping up business records (i.e., all data on all phone calls) and on the internet program known as PRISM. Both are embedded below. Let’s dig in on a few of the points, starting with the business records/FISA issue:
The news articles have been discussing what purports to be a classified, lawfully-authorized order that the Foreign Intelligence Surveillance Court (FISA Court) issued under an Act of Congress – the Foreign Intelligence Surveillance Act (FISA). Under this Act, the FISA Court authorized a collection of business records. There is no secret program involved here – it is strictly authorized by a U.S. statute.
“There is no secret program here”? Bullshit. Why, then, have so many people, both in the Congress and the public been shocked at the extent to which the NSA is snarfing up data? This is a secret program, enabled by a secret interpretation of the FISA Amendments Act, by the FISA Court, which the DOJ and the NSA insist the public is not allowed to know. Yes, it’s a secret program. Saying otherwise is simply lying.
It authorizes only metadata collection, which includes barebones records – such as a telephone number or the length of a call.
“Barebones records” and “metadata” are terms being used to play down the extent of the collection of info, but it ignores multiple reports that note the amount of data actually collected — including phone numbers, call times, call location, among other things — is more than enough to identify who someone is and a variety of important characteristics about that person.
This legal tool, as enacted by Congress, has been critical in protecting America. It has been essential in thwarting at least one major terrorist attack to our country in the past few years.
“At least one” is a lot less than the “dozens” NSA boss Keith Alexander recently stated. But, so far the only “one” identified, involving an attempted NYC Subway bombing was shown not to have needed this data collection program to uncover and stop. So, nope.
Despite what appears to be a broad scope in the FISA Court’s order, the Intelligence Community uses only a small fraction of a percent of the business records collected to pursue terrorism subjects.
This is meaningless. That’s like saying, even though we search everyone’s house illegally, we only actually arrest a small number of people. No one would allow such house searches under the 4th Amendment, so why is it okay with phone records?
All three branches – Congress, the Courts, and the Executive Branch – review and sign off on FISA collection authorities. Congress passed FISA, and the Intelligence Committees are regularly and fully briefed on how it is used.
Except many in Congress have made it clear they did not review this kind of program, or were led to believe that the NSA did not collect this kind of information. And those who are being briefed now say the program goes way beyond what they were told. And, those who did know about it beforehand, tried to dig deeper into the program, but were blocked. As for “the Courts” reviewing it, we’re talking about the FISA Court which is a rubberstamp in black robes, having approved every single request of it for the past three years. It last rejected a request back in 2009, and that was only one out of 1320. In its entire history, since 1979, the court has rejected a grand total of 11 applications. 11. Out of 33,939 applications. That’s 0.03%. Not 3%. 0.03% with not a single rejection in over three years. That’s not careful review. That’s a rubber stamp. As for the executive branch signing off on it, what do you expect? They’re going to hold back their own ability to spy on people?
The FISA Court authorizes intelligence collection only after the Intelligence Community has proven its case, based on underlying facts and investigations.
Well, we already covered the rubber stamp issue above, but Section 215 of the Patriot Act requires that the government present a case that the data it is seeking “must be relevant to an authorized preliminary or full investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.” I’d love to see the argument that all data is somehow relevant to the investigation. Of course, I can’t see it, because it’s secret.
This legal tool has been reauthorized only after ongoing 90-day renewal periods. That means that every 90 days, the Department of Justice and the FBI must prove to the Foreign Intelligence Surveillance Court that they have the facts and legal basis to renew this legal authority. It is not a rubber stamp.
Ha ha ha. So, we violate your privacy without any opposing view — but we do it every 90 days for seven straight years.
FISA-authorized collections are subject to strict controls and procedures under oversight of the Department of Justice, the Office of the Director of National Intelligence and the FISA Court, to ensure that they comply with the Constitution and laws of the United States and appropriately protect privacy and civil liberties.
What kind of “strict controls and procedures” allow for the collection of every single record of every single phone call, and then also make it accessible to the 29-year-old IT guy in Hawaii? Just wondering…
Moving on to the “NSA internet talking points.”
Section 702 is a vital legal tool that Congress reauthorized in December 2012, as part of the FISA Amendments Act Reauthorization Act, after extensive hearings and debate. Under Section 702, the Foreign Intelligence Surveillance Court (FISA Court) certifies foreign intelligence collection. There is no secret program involved – it is strictly authorized by a U.S. statute.
Again, “no secret program,” merely a secret interpretation of the law, in a secret ruling by a secret court. What’s everyone complaining about?
Section 702 cannot be used to target any U.S. person. Section 702 also cannot be used to target any person located in the United States, whether that person is an American or a foreigner.
Note the careful choice of words: it cannot be used to target a person in the US. It can, however, be used to collect info on a person in the US if they’re not “the target” of the investigation. Fun with words!
The unauthorized disclosure of information about this critical legal tool puts our national security in grave danger, puts Americans at risk of terrorist and cyber attacks, and puts our military intelligence resources in danger of being revealed to our adversaries.
Right. So this is not a new program, it’s no surprise, people shouldn’t be concerned… and now that you know about it we’re all going to die!
How does anyone take these jokers seriously?
We could use more rebels
By Charles Davis | false dichotomy | June 13, 2013
When Edward Snowden gave up a lucrative career in an island paradise to blow the whistle about the US government’s staggeringly broad spying operations – revealing what thousands of others with access to the same information wouldn’t – he was going up against a system that values loyalty to those who sign your paychecks over loyalty to principle or the public. A columnist for The New York Times, which is very much a part of that system, denounced him in terms one would think would be reserved for our leaders, declaring that Snowden had “betrayed the Constitution” and “the privacy of us all” by leaking evidence of the Obama administration doing just that.
Related articles
- US firms in bed with intelligence agencies in info swap – report (alethonews.wordpress.com)
- Former NSA Whistle-Blower: Don’t Go to the Cops (truthdig.com)
Should the Director of National Intelligence Be Impeached for Lying to Congress About PRISM?
By Derek Khanna | Politix | June, 2013
Director of National Intelligence James Clapper being grilled by Sen. Ron Wyden • Screenshot
In March 2013, Senator Ron Wyden (D-OR) put the Director of National Intelligence James Clapper on the spot on NSA’s dragnet style surveillance of American citizens.
Wyden had been briefed (according to his comments here) on the ongoing program that is now known as PRISM. At the hearing on March 12 before the Senate Intelligence Committee, Wyden appeared to be trying to expose this program to Congress and the general public.
The senator was likely taken by surprise when Director Clapper appeared to directly deny the existence of the program Wyden was aware of, which is probably why he asked Clapper to repeat himself. The following is from the hearing:
Wyden: And this is for you, Director Clapper, again on the surveillance front. And I hope we can do this in just a yes or no answer because I know Senator Feinstein wants to move on. Last summer the NSA director was at a conference and he was asked a question about the NSA surveillance of Americans. He replied, and I quote here, ‘…the story that we have millions or hundreds of millions of dossiers on people is completely false.’ The reason I’m asking the question is, having served on the committee now for a dozen years, I don’t really know what a dossier is in this context. So what I wanted to see is if you could give me a yes or no answer to the question: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”
Clapper: “No, sir.”
Wyden: “It does not.”
Clapper: “Not wittingly. There are cases where they could inadvertently perhaps collect, but not wittingly.”
Wyden: “All right. Thank you. I’ll have additional questions to give you in writing on that point, but I thank you for the answer.”
Wyden is on the Intelligence Committee and knew what he was asking about. He was not phishing with this question; rather, he was specifically asking about what we now know as PRISM and trying to get Clapper to discuss this issue with Congress. And Clapper, who could clearly have said something along the lines of “any program of that nature would be classified…” instead chose to answer the question, which he likely knew was referring to PRISM, in a way that he knew, or should have known, would mislead Congress.
Wyden seems to have done everything he could to shed light on this information for the American people without violating American law. He previously asked the NSA for a “ballpark estimate” on how many Americans are being spied upon under FISA. The NSA responded that they could not answer the question: “Obtaining such an estimate was beyond the capacity of his office…An IG review of the sort suggested would itself violate the privacy of U.S. persons.”
Wyden’s question to Clapper was quite explicit: he asked, does the NSA collect “any type of data.” And Clapper said no. If the reports in the Washington Post and elsewhere on PRISM are accurate, then this statement appears to be a lie.
Clapper was asked to clarify his remarks on Thursday and told the National Journal, “What I said was, the NSA does not voyeuristically pore through U.S. citizens’ e-mails. I stand by that.”
This is an interesting “update” to his comment and logical damage control. But this is not necessarily clear either. Wittingly means “with full knowledge and deliberation.” The Powerpoint released last week, if facts substantiate what has already been reported, appears to show that in the PRISM program the NSA is wittingly and deliberately collecting information on millions of Americans.
Clapper’s statement appears to be untrue; however, legal experts may be able to parse it in a different way. If it wasn’t a lie it appears to be clearly misleading.
Lying to Congress is an extremely serious offense, although few have been found guilty. Roger Clemens was indicted for lying to Congress (but ultimately found innocent of perjury). Many of the cases of individuals convicted of lying to Congress arose from Watergate, including President Nixon’s Attorney General, John Mitchell, and Nixon’s Chief of staff, H.R Haldeman.
Executive officials can be impeached for “treason, bribery or other high crimes and misdemeanors.” As a non-criminal matter, there are serious grounds to argue that lying to Congress is among the most severe potential “high crimes and misdemeanors.”
Lying to a Grand Jury was the grounds for President Clinton’s impeachment; and that was lying to a grand jury, not lying to Congress when Congress is the relevant oversight branch. Furthermore, lying to Congress while Congress is performing oversight impedes a Congressional inquiry and investigation; Clinton’s lying to a Grand Jury did not impede Congressional functioning. This may be a poor example, because many disagreed with Clinton’s impeachment. The point is only that Clapper’s statement rises to or even exceeds previous standards for impeachment. (Impeachment is the House essentially “indicting” an Executive official which would require the Senate to convict for ultimate removal.)
Under the Constitution, Congress has a few major roles: to pass legislation and to oversee the Executive branch. The Intelligence Committee was specifically created to oversee the Intelligence Community in the wake of systemic abuses from the 1960s and 1970s. This oversight of intelligence organizations is critical to protecting average citizens from abuses that were well documented, including the wiretapping of Martin Luther King Jr. But this oversight process can only work if members of the Executive branch are honest with Congress. Members of the Executive branch know this, and these high stakes are precisely why in confrontations between the Executive and the Legislative branch, sometimes Executive branch officials try to refuse to appear before Congress – citing executive privilege.
Clapper’s statement appears to have misled the relevant Congressional Committee, and more importantly, misled Members of Congress who don’t receive the information that the Intelligence Committee receives. Ultimately these statements misled the general public. This obfuscation of the truth inhibited the Intelligence Committee from performing proper oversight, which is the primary role of the Intelligence Committee. There is little point in having an oversight committee for intelligence if members of the intelligence community can simply lie when asked questions before a hearing.
Misspeaking at a hearing may be a mistake. Misspeaking before the Intelligence Committee is an extremely grievous mistake. But even more egregious here is that Clapper had ample time to correct the record and apparently failed to do so. Statements made at hearings are not coffee shop like discussions; rather, they are carefully prepared in advance. If Clapper did not have a prepared answer for this question, it’s extremely likely that the NSA counsel would have reviewed his statement after the hearing – putting him on notice that if his statement was incorrect he had the obligation to correct it. In fact, if the NSA’s counsel knew that Clapper was lying or misspeaking, he may have had a legal obligation to tell Clapper to inform the Committee of his misstatement. And, under a similar procedure for lying at court, if Clapper refused to correct the record then the Counsel may have had an obligation to tell the Committee anyway. This gives some perspective on the legal severity of lying to a congressional committee.
President Obama has claimed that Congress was aware of all ongoing programs of this nature. The Administration can’t have it both ways. It can’t claim that Congress was in the loop and signed off when the Director of National Intelligence appears to have at best misled and at worst lied to the relevant oversight branch.
Our entire national security infrastructure was restructured because of the major scandals in the 1960s and 70s which ultimately culminated in the Church and Pike Committees. The Congressional Intelligence Committees were created to oversee the intelligence community and protect against abuses. The Committees were designed particularly to ensure protection of American citizens’ civil liberties. If the PRISM program represents the most significant and controversial ongoing intelligence operations impacting civil liberties in the past forty years (so we hope), then shouldn’t misleading the relevant committee be treated as among the most serious offenses that an executive official can commit? If not, how can Congress have any ability to oversee intelligence operations at all? If being in charge of the intelligence community, as Clapper is, and misleading the relevant committee overseeing your operations when they are trying to investigate is not a “high crime and misdemeanor,” then what other forms of misbehavior would meet that threshold? What message would it send to other governmental officials when asked to speak to Congress?
Twitter: #ImpeachClapper
Check out my testimony on cell phone unlocking at the House Judiciary Committee hearing last week.
Derek Khanna (@DerekKhanna and Facebook.com/derekkhanna) is the maverick former Republican staffer and civil liberties advocate whose op-eds on cell phone unlocking went viral in January. He is now a Yale Law
Related article
The NSA Black Hole: 5 Basic Things We Still Don’t Know About the Agency’s Snooping
By Justin Elliott and Theodoric Meyer | ProPublica | June 10, 2013
The headquarters of the National Security Agency at Fort Meade, Maryland
Last week saw revelations that the FBI and the National Security Agency have been collecting Americans’ phone records en masse and that the agencies have access to data from nine tech companies.
But secrecy around the programs has meant even basic questions are still unanswered. Here’s what we still don’t know:
Has the NSA been collecting all Americans’ phone records, and for how long?
It’s not entirely clear.
The Guardian published a court order that directed a Verizon subsidiary to turn over phone metadata — the time and duration of calls, as well as phone numbers and location data — to the NSA “on an ongoing daily basis” for a three-month period. Citing unnamed sources, the Wall Street Journal reported the program also covers AT&T and Sprint and that it covers the majority of Americans. And Director of National Intelligence James Clapper himself acknowledged that the “collection” is “broad in scope.”
How long has the dragnet has existed? At least seven years, and maybe going back to 2001.
Senate Intelligence Committee chair Dianne Feinstein, D-Calif., and vice chair Saxby Chambliss, R-Ga., said last week that the NSA has been collecting the records going back to 2006. That’s the same year that USA Today revealed a similar-sounding mass collection of metadata, which the paper said had been taking place since 2001. The relationship between the program we got a glimpse of in the Verizon order and the one revealed by USA Today in 2006 is still not clear: USA Today described a program not authorized by warrants. The program detailed last week does have court approval.
What surveillance powers does the government believe it has under the Patriot Act?
That’s classified.
The Verizon court order relies on Section 215 of the Patriot Act. That provision allows the FBI to ask the Foreign Intelligence Surveillance Court for a secret order requiring companies, like Verizon, to produce records – “any tangible things” – as part of a “foreign intelligence” or terrorism investigation. As with any law, exactly what the wording means is a matter for courts to decide. But the Foreign Intelligence Surveillance Court’s interpretation of Section 215 is secret.
As Harvard Law Professor Noah Feldman recently wrote, the details of that interpretation matter a lot: “Read narrowly, this language might require that information requested be shown to be important or necessary to the investigation. Read widely, it would include essentially anything even slightly relevant — which is to say, everything.”
In the case of the Verizon order — signed by a judge who sits on the secret court and requiring the company to hand over “all call detail records” — it appears that the court is allowing a broad interpretation of the Patriot Act. But we still don’t know the specifics.
Has the NSA’s massive collection of metadata thwarted any terrorist attacks?
It depends which senator you ask. And evidence that would help settle the matter is, yes, classified.
Sen. Mark Udall, D-Colo., told CNN on Sunday, “It’s unclear to me that we’ve developed any intelligence through the metadata program that’s led to the disruption of plots that we could [not] have developed through other data and other intelligence.”
He said he could not elaborate on his case “without further declassification.”
Sen. Feinstein told ABC that the collection of phone records described in the Verizon order had been “used” in the case of would-be New York subway bomber Najibullah Zazi. Later in the interview, Feinstein said she couldn’t disclose more because the information is classified. (It’s worth noting that there’s also evidence that old-fashioned police work helped solve the Zazi case — and that other reports suggest the Prism program, not the phone records, helped solve the case.)
How much information, and from whom, is the government sweeping up through Prism?
It’s not clear.
Intelligence director Clapper said in his declassified description that the government can’t get information using Prism unless there is an “appropriate, and documented, foreign intelligence purpose for the acquisition (such as for the prevention of terrorism, hostile cyber activities, or nuclear proliferation) and the foreign target is reasonably believed to be outside the United States.”
One thing we don’t know is how the government determines who is a “foreign target.” The Washington Post reported that NSA analysts use “search terms” to try to achieve “51 percent confidence” in a target’s “foreignness.” How do they do that? Unclear.
We’ve also never seen a court order related to Prism — they are secret — so we don’t know how broad they are. The Post reported that the court orders can be sweeping, and apply for up to a year. Though Google has maintained it has not “received blanket orders of the kind being discussed in the media.”
So, how does Prism work?
In his statement Saturday, Clapper described Prism as a computer system that allows the government to collect “foreign intelligence information from electronic communication service providers under court supervision.”
That much seems clear. But the exact role of the tech companies is still murky.
Relying on a leaked PowerPoint presentation, the Washington Post originally described Prism as an FBI and NSA program to tap “directly into the central servers” of nine tech companies including Google and Facebook. Some of the companies denied giving the government “direct access” to their servers. In a later story, published Saturday, the newspaper cited unnamed intelligence sources saying that the description from the PowerPoint was technically inaccurate.
The Post quotes a classified NSA report saying that Prism allows “collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,” not the company servers themselves. So what does any of that mean? We don’t know.
For more on mass surveillance in America, read our timeline of loosening laws and practices.
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NSA Document Leak Proves Conspiracy To Create Big Brother Style World Control System
By Lee Rogers | Blacklisted News | June 10, 2013
The Obama regime which was already in the midst of three high profile scandals now has a fourth one to deal with. Top secret documents were recently leaked to the Washington Post and the London Guardian detailing a vast government surveillance program code named PRISM. According to the leaked documents, the program allows the National Security Agency (NSA) back door access to data from the servers of several leading U.S. based Internet and software companies. The documents list companies such as Google, Facebook, Yahoo, Microsoft, AOL and Apple as some of the participants in the program. There have also been other reports indicating that the NSA is able to access real-time user data from as many as 50 separate American companies. Under the program, the NSA is able to collect information ranging from e-mails, chats, videos, photographs, VoIP calls and more. Most importantly is the fact that PRISM allows the NSA to obtain this data without having to make individual requests from the service providers or without having to obtain a court order. To say that this is a violation of the Fourth Amendment which forbids unreasonable searches and seizures would be a gross understatement. This is actually much more than that. This is a program designed specifically to serve as a Big Brother like control grid and to end privacy as we know it.
In some ways this is not really a new story. This is just confirmation of what many people involved in the alternative research community have known for years. Going as far back as the 1990s there were reports revealing how Microsoft provided the NSA with back door access to their Windows operating system. Google’s cozy relationship with the NSA has also been discussed off and on over the past decade. There have even been other whistleblowers that have come forward previously detailing a number of unconstitutional and unlawful abuses conducted by the agency. This includes revelations of how the NSA was spying on American service members stationed overseas. The only difference with this is that these newly leaked documents provide definitive details on just how wide reaching the NSA’s activities have become.
It is now painfully obvious that James Clapper the Director of National Intelligence when testifying before the Senate this past March blatantly lied when asked by Senator Ron Wyden if the NSA was involved in collecting data from the American people. Clapper flatly denied that the NSA was engaged in these types of domestic surveillance activities. What makes the situation such a joke is that the Obama regime is not focused on the fact that Clapper lied to the Senate which in of itself is unlawful. Instead they have been more focused on determining the source of the leak that exposed these broad abuses of power. This is probably not surprising considering that this is a regime that rewards corruption by promoting people involved in all sorts of questionable activity. The promotion of Susan Rice as Obama’s new National Security Advisor is a perfect example of this considering her involvement in spreading bogus Benghazi related talking points. On the other hand, the Obama regime has severely punished a variety of whistleblowers who have dared to expose any wrong doing.
At least the Obama regime won’t have to spend much time and energy trying to identify the whistleblower as this person who leaked these documents has already come forward publically. At his own request the Guardian revealed his identity as Edward Snowden a 29-year old Information Technology specialist who has been working at the NSA for different contractors including Booz Allen Hamilton and Dell. Snowden had previously worked at an NSA office in Hawaii but boarded a flight to Hong Kong a few weeks ago where he has stayed since turning over these documents to the media. He expects that he will never set foot on U.S. soil again and may possibly seek political asylum in a country like Iceland. The Guardian interviewed Snowden over several days and has recently posted an interview transcript that provides more detail on the abuses he became aware of and why he decided to come forward as a whistleblower. In the interview Snowden confirms that the NSA has the infrastructure that allows them to intercept almost any type of data that you can imagine from phone records, e-mails to credit cards. He also reveals how the U.S. government is engaged in hacking systems everywhere around the world and how the NSA has consistently lied to Congress about their activities. There is little doubt that Snowden is thus far one of the most important whistleblowers to come along in the 21st century and he will likely face retaliation considering the vast reach and capabilities of the U.S. intelligence community.
Many individuals within the Obama regime including Obama himself have claimed that this type of widespread data collection is needed to fight terrorism and is used for national security purposes. Even if we were to assume that the war on terror is real, this claim is ridiculous and absurd on its face. It would be one thing if they were collecting information based upon a specific criteria identified by legitimate human intelligence. Instead they are collecting indiscriminate amounts of information which makes it much more difficult to analyze and target anything that might indicate a potential threat. If the NSA’s goal is really to detect and target terrorism then all they are doing is making their job more difficult by vastly increasing the noise they have to filter through. Either the people running the NSA are incredibly stupid or the goal of this program is to establish the infrastructure necessary to centrally collect data from communications everywhere around the world.
Other evidence to support this notion is the fact that the NSA is building a huge new facility in Utah that is being designed to store an enormous amount of data. A Fox News report indicates that, when completed, the facility will be able to store billions of terabytes worth of information. It is hard to fathom how the NSA would need this much storage space unless it was being used to collect and store any and all communications.
The Obama regime has tried to justify all of this by saying that PRISM helped stop an alleged New York City subway bomb plot back in 2009. This has been proven to be factually incorrect as regular police work and help from the British were larger factors in stopping the plot. This is assuming you even believe the official story of this terror plot to begin with. The government and more specifically the FBI have manufactured so many fake terror plots that it is difficult to determine fact from fiction at this point. So with this said, there is really no proof that PRISM has even helped to stop any so-called terror plot. They are collecting information simply for the sake of collecting information with no probable cause or reasonable justification.
At this point it is an undeniable fact that the NSA has been illegally collecting information on the American people. For years what has been dismissed as conspiracy theory is now without question a conspiracy fact. It is laughable that Obama and his assorted cronies are even trying to defend this program as a useful tool to fight terrorists. It is more likely that this program is being used to help find people domestically who dislike the government and would potentially fight back against it. A striking similarity to what is depicted in George Orwell’s dystopic novel 1984 where political dissidents are identified as thought criminals. A tool the NSA uses called Boundless Informant which counts and categorizes the information they collect shows that more data is actually gathered from domestic sources in the U.S. than from Russia. So based on this one could argue that the NSA almost seems to view the American people as more of a threat to national security than the Russians.
The three scandals the Obama regime was dealing with prior to this new scandal are all grounds for impeachment and one could easily argue that this one is many times worse than the previous three. Obama should resign in disgrace but being that he’s a narcissist who seems unwilling to admit making any mistakes it is highly doubtful he will do this. Obama and the rest of the useful idiots in his regime who have tried to defend and justify this and other criminal programs need to be … removed from office and put on trial. The criminal activity from the Obama regime is so vastly transparent it has become a complete and total joke to anyone who is even remotely paying attention.
Related articles
- The NSA Black Hole: 5 Basic Things We Still Don’t Know About the Agency’s Snooping
- Why Did Edward Snowden Go to Hong Kong?
- DOJ launches criminal probe of NSA leaker
- US security officials said NSA leaker, journalist should be ‘disappeared’ – report
- Government Spying: Should We Be Shocked?
- Boundless Informant: NSA’s complex tool for classifying global intelligence
- The NSA’s Favorite Weasel Word To Pretend It’s Claiming It Doesn’t Spy On Americans
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