In its original report on a PowerPoint presentation revealing the existence of the NSA’s PRISM surveillance program, the Washington Post noted:

Government officials and the document itself made clear that the NSA regarded the identities of its private partners as PRISM’s most sensitive secret, fearing that the companies would withdraw from the program if exposed. “98 percent of PRISM production is based on Yahoo, Google and Microsoft; we need to make sure we don’t harm these sources,” the briefing’s author wrote in his speaker’s notes.

The Post yesterday reported:

[I]f the NSA asked for data from a company, it is likely only a few officials would know of the request — and those employees would be barred from disclosing that information.

Other technology experts said the government could be scooping up the data after it leaves a company’s servers and travels across Internet networks.

When traveling across those pipes, the data is often encrypted, and a company could fulfill a government request by handing over the encryption keys to that data, said Peter Eckersley, the technology projects director at the privacy advocacy group Electronic Frontier Foundation.

“The companies’ denials are all deniable denials because each one of them contains loopholes of various cleverness that don’t address how they might have a transform mechanism for large amounts of user data to the NSA,” he said.

Senators Ron Wyden and Mark Udall write: In our capacity as members of the Senate select committee on intelligence, we have spent years examining the intelligence collection operations that have been secretly authorized under the USA Patriot Act. Based on this experience, we respectfully but firmly disagree with the way that this program has been described by senior administration officials.

After years of review, we believe statements that this very broad Patriot Act collection has been “a critical tool in protecting the nation” do not appear to hold up under close scrutiny. We remain unconvinced that the secret Patriot Act collection has actually provided any uniquely valuable intelligence. As far as we can see, all of the useful information that it has provided appears to have also been available through other collection methods that do not violate the privacy of law-abiding Americans in the way that the Patriot Act collection does. We hope that President Obama will probe the basis for these assertions, as we have.

We also disagree with the statement that the broad Patriot Act collection strikes the “right balance” between protecting American security and protecting Americans’ privacy. In our view, it does not. When Americans call their friends and family, whom they call, when they call, and where they call from is private information. We believe the large-scale collection of this information by the government has a very significant impact on Americans’ privacy, whether senior government officials recognize that fact or not.

Finally, we have long been concerned about the degree to which this collection has relied on “secret law”. Senior administration officials have stated on multiple occasions that the Patriot Act’s “business records” authority is “analogous to a grand jury subpoena”. And multiple senior officials have stated that US intelligence agencies do not collect information or dossiers on “millions of Americans”.

We appreciate the recent statement from the director of national intelligence, which declassified certain facts about this collection, including its breadth. Now that the fact of bulk collection has been declassified, we believe that more information about the scale of the collection, and specifically whether it involves the records of “millions of Americans” should be declassified as well.

The American people must be given the opportunity to evaluate the facts about this program and its broad scope for themselves, so that this debate can begin in earnest.

The Guardian reports: The Obama administration is invoking an obscure legal privilege to avoid judicial scrutiny of its secret collection of the communications of potentially millions of Americans.

Civil liberties lawyers trying to hold the administration to account through the courts for its surveillance of phone calls and emails of American citizens have been repeatedly stymied by the government’s recourse to the “military and state secrets privilege”. The precedent, rarely used but devastating in its legal impact, allows the government to claim that it cannot be submitted to judicial oversight because to do so it would have to compromise national security.

The government has cited the privilege in two active lawsuits being heard by a federal court in the northern district of California – Virginia v Barack Obama et al, and Carolyn Jewel v the National Security Agency. In both cases, the Obama administration has called for the cases to be dismissed on the grounds that the government’s secret activities must remain secret.

The claim comes amid a billowing furore over US surveillance on the mass communications of Americans following disclosures by the Guardian of a massive NSA monitoring programme of Verizon phone records and internet communications.

The director of national intelligence, James Clapper, has written in court filings that “after careful and actual personal consideration of the matter, based upon my own knowledge and information obtained in the course of my official duties, I have determined that the disclosure of certain information would cause exceptionally grave damage to the national security of the United States. Thus, as to this information, I formally assert the state secrets privilege.”

The use of the privilege has been personally approved by President Obama and several of the administration’s most senior officials: in addition to Clapper, they include the director of the NSA Keith Alexander and Eric Holder, the attorney general. “The attorney general has personally reviewed and approved the government’s privilege assertion in these cases,” legal documents state.

In comments on Friday about the surveillance controversy, Obama insisted that the secret programmes were subjected “not only to congressional oversight but judicial oversight”. He said federal judges were “looking over our shoulders”.

But civil liberties lawyers say that the use of the privilege to shut down legal challenges was making a mockery of such “judicial oversight”. Though classified information was shown to judges in camera, the citing of the precedent in the name of national security cowed judges into submission. [Continue reading…]

The Guardian reports: The US has admitted using a secret system to mine the systems of the biggest technology companies to spy on millions of people’s online activity, overshadowing attempts by Barack Obama to force China to abandon its cyber-espionage program.

As concern mounted over the sweeping nature of US surveillance, the director of national intelligence, James Clapper, confirmed revelations by the Guardian that the National Security Agency uses companies such as Google, Facebook and Apple to obtain information that includes the content of emails and online files.

Coupled with the acknowledgement that authorities had undertaken a seven-year program to monitor the telephone calls of potentially millions of people in the US, it has become clear that the Obama administration has embraced and expanded the surveillance regime began under President Bush.

Clapper insisted that the internet surveillance program, known as Prism and disclosed by the Guardian and the Washington Post on Thursday, only covered communications with foreigners and did not target US citizens. “Information collected under this program is among the most important and valuable intelligence information we collect, and is used to protect our nation from a wide variety of threats,” Clapper said.

He acknowledged that Section 702 of the Foreign Intelligence Surveillance Act was being used to “facilitate the acquisition of foreign intelligence information”. [Continue reading…]

Politico: The New York Times editorial board has quietly changed the language in the most widely cited line from Thursday’s scathing editorial about the Obama administration’s surveillance of U.S. citizens.

The line — “The administration has now lost all credibility” — was changed Thursday night to read, “The administration has now lost all credibility on this issue.” No correction or explanatory note was appended.

“The change was for clarity’s sake,” Andrew Rosenthal, the Times editorial page editor, told POLITICO on Friday morning. “It was clear from the context of the editorial that the issue of credibility related to this subject and the final edit of the piece strengthened that point.”

It’s hardly surprising. The New York Times’s displays of courage are generally short-lived.

Did they get an angry phone call from the White House threatening to no longer feed officially-approved leaks to the paper’s reporters?

The PRISM Special Source Operations with trusted U.S. companies -- trusted, that is, by the NSA.

The Washington Post reports: The National Security Agency and the FBI are tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio, video, photographs, e-mails, documents and connection logs that enable analysts to track a person’s movements and contacts over time.

The highly classified program, code-named PRISM, has not been disclosed publicly before. Its establishment in 2007 and six years of exponential growth took place beneath the surface of a roiling debate over the boundaries of surveillance and privacy. Even late last year, when critics of the foreign intelligence statute argued for changes, the only members of Congress who knew about PRISM were bound by oaths of office to hold their tongues.

An internal presentation on the Silicon Valley operation, intended for senior analysts in the NSA’s Signals Intelligence Directorate, described the new tool as the most prolific contributor to the President’s Daily Brief, which cited PRISM data in 1,477 articles last year. According to the briefing slides, obtained by The Washington Post, “NSA reporting increasingly relies on PRISM” as its leading source of raw material, accounting for nearly 1 in 7 intelligence reports.

That is a remarkable figure in an agency that measures annual intake in the trillions of communications. It is all the more striking because the NSA, whose lawful mission is foreign intelligence, is reaching deep inside the machinery of American companies that host hundreds of millions of American-held accounts on American soil.

The technology companies, which participate knowingly in PRISM operations, include most of the dominant global players of Silicon Valley. They are listed on a roster that bears their logos in order of entry into the program: “Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, Apple.” PalTalk, although much smaller, has hosted significant traffic during the Arab Spring and in the ongoing Syrian civil war. [Continue reading…]

A New York Times editorial says: Within hours of the disclosure that the federal authorities routinely collect data on phone calls Americans make, regardless of whether they have any bearing on a counterterrorism investigation, the Obama administration issued the same platitude it has offered every time President Obama has been caught overreaching in the use of his powers: Terrorists are a real menace and you should just trust us to deal with them because we have internal mechanisms (that we are not going to tell you about) to make sure we do not violate your rights.

Those reassurances have never been persuasive — whether on secret warrants to scoop up a news agency’s phone records or secret orders to kill an American suspected of terrorism — especially coming from a president who once promised transparency and accountability.

The administration has now lost all credibility. Mr. Obama is proving the truism that the executive will use any power it is given and very likely abuse it. That is one reason we have long argued that the Patriot Act, enacted in the heat of fear after the 9/11 attacks by members of Congress who mostly had not even read it, was reckless in its assignment of unnecessary and overbroad surveillance powers. [Continue reading…]

The Guardian reports: The scale of America’s surveillance state was laid bare on Thursday as senior politicians revealed that the US counter-terrorism effort had swept up swaths of personal data from the phone calls of millions of citizens for years.

After the revelation by the Guardian of a sweeping secret court order that authorised the FBI to seize all call records from a subsidiary of Verizon, the Obama administration sought to defuse mounting anger over what critics described as the broadest surveillance ruling ever issued.

A White House spokesman said that laws governing such orders “are something that have been in place for a number of years now” and were vital for protecting national security. Dianne Feinstein, the Democratic chairwoman of the Senate intelligence committee, said the Verizon court order had been in place for seven years. “People want the homeland kept safe,” Feinstein said.

But as the implications of the blanket approval for obtaining phone data reverberated around Washington and beyond, anger grew among other politicians.

Intelligence committee member Mark Udall, who has previously warned in broad terms about the scale of government snooping, said: “This sort of widescale surveillance should concern all of us and is the kind of government overreach I’ve said Americans would find shocking.” Former vice-president Al Gore described the “secret blanket surveillance” as “obscenely outrageous”. [Continue reading…]