Category Archives: NSA

How U.S. spying cost Boeing multibillion-dollar jet contract

Reuters reports: Dilma Rousseff was thoroughly charmed.

Brazil had been struggling for years to decide which company to choose for a $4 billion-plus fighter jet contract, one of the world’s most sought-after defense deals and one that would help define the country’s strategic alliances for decades to come.

But Rousseff, the leftist president known for being sometimes gruff and even standoffish with foreign leaders, was thrilled after a 90-minute meeting in Brasilia on May 31 with U.S. Vice President Joe Biden.

After Biden’s reassurances that the United States would not block crucial transfers of technological know-how to Brazil if it bought the jets, she was closer than ever to selecting Chicago-based Boeing to supply its fighter, the F/A-18 Super Hornet.

“She’s ready to sign on the dotted line,” one of her senior aides told Reuters at the time. “This is going to happen soon.”

And then along came Edward Snowden.

Documents leaked by the former National Security Agency contractor, released in the weeks after Biden’s visit, ended up enraging Rousseff and completely changing her plans, several Brazilian officials told Reuters. [Continue reading…]

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Israel condemns U.S. spying revelations

The Associated Press reports: Senior Israeli officials have called on the US to stop spying on Israel, following revelations that the National Security Agency intercepted emails from the offices of the country’s former leaders.

It was the first time Israeli officials have expressed anger since details of US spying on Israel began to trickle out in documents leaked by the former NSA contractor Edward Snowden. The scandal also spurred renewed calls for the release of Jonathan Pollard, a former American intelligence analyst who has been imprisoned in the US for nearly three decades for spying for Israel.

“This thing is not legitimate,” the Israeli intelligence minister, Yuval Steinitz, told Israel Radio. He called for both countries to enter an agreement regarding espionage.

“It’s quite embarrassing between countries who are allies,” the tourism minister, Uzi Landau, said. “It’s this moment more than any other moment that Jonathan Pollard [should] be released.” [Continue reading…]

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$10m NSA contract with security firm RSA led to encryption ‘back door’

Reuters reports: As a key part of a campaign to embed encryption software that it could crack into widely used computer products, the National Security Agency arranged a secret $10m contract with RSA, one of the most influential firms in the computer security industry, Reuters has learned.

Documents leaked by the former NSA contractor Edward Snowden show that the NSA created and promulgated a flawed formula for generating random numbers, to create a “back door” in encryption products, the New York Times reported in September. Reuters later reported that RSA became the most important distributor of that formula by rolling it into a software tool called Bsafe that is used to enhance security in personal computers and many other products.

Undisclosed until now was that RSA received $10m in a deal that set the NSA formula as the preferred, or default, method for number generation in the BSafe software, according to two sources familiar with the contract. Although that sum might seem paltry, it represented more than a third of the revenue that the relevant division at RSA had taken in during the entire previous year, securities filings show.

The earlier disclosures of RSA’s entanglement with the NSA already had shocked some in the close-knit world of computer security experts. The company had a long history of championing privacy and security, and it played a leading role in blocking a 1990s effort by the NSA to require a special chip to enable spying on a wide range of computer and communications products. RSA, which is now a subsidiary of the computer storage giant EMC Corp , urged customers to stop using the NSA formula after the Snowden disclosures revealed its weakness. [Continue reading…]

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Latest Snowden revelations spark anger at European commission

The Guardian reports: The latest disclosures from the Snowden files provoked exasperation at the European commission, with officials saying they intended to press the British and American governments for answers about the targeting of one its most senior officials.

Reacting shortly after an EU summit had finished in Brussels, the commission said disclosures about the targeting of Joaquín Almunia, a vice-president with responsibility for competition policy, was “not the type of behaviour that we expect from strategic partners, let alone from our own member states”.

A spokesman added: “This piece of news follows a series of other revelations which, as we clearly stated in the past, if proven true, are unacceptable and deserve our strongest condemnation.”

In Britain, Sir Malcolm Rifkind, the chair of the parliamentary committee that provides oversight of GCHQ, said he was “disturbed by these allegations.” He added he could be “examining them in due course as part of the intelligence and security committee’s wider investigation into the interception of communications.”

A prominent German MP, Hans-Christian Ströbele, who met Edward Snowden in Moscow in October, told the Guardian it was becoming “increasingly clear that Britain has been more than the US’ stooge in this surveillance scandal”. He suggested the snooping by GCHQ on German government buildings and embassies was unacceptable.

“Great Britain is not just any country. It is a country that we are supposed to be in a union with. It’s incredible for one member of the European Union to spy on another – it’s like members of a family spying on each other. The German government will need to raise this with the British government directly and ask tough questions about the victims, and that is the right word, of this affair.”

The Liberal Democrats have been inching towards calling for an independent commission to investigate the activities of Britain’s spy agencies and the party president, Tim Farron, said that “spying on friendly governments like this is not only bad politics, it is bad foreign policy”.

“These nations are our allies and we should work together on issues from terrorism to Iran and climate change,” he said. “But we seem to be spying on them in conjunction with the NSA in what seems like an industrial basis.” [Continue reading…]

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GCHQ and NSA targeted charities, Germans, Israeli PM and EU chief

The Guardian reports: British and American intelligence agencies had a comprehensive list of surveillance targets that included the EU’s competition commissioner, German government buildings in Berlin and overseas, and the heads of institutions that provide humanitarian and financial help to Africa, top-secret documents reveal.

The papers show GCHQ, in collaboration with America’s National Security Agency (NSA), was targeting organisations such as the United Nations development programme, the UN’s children’s charity Unicef and Médecins du Monde, a French organisation that provides doctors and medical volunteers to conflict zones. The head of the Economic Community of West African States (Ecowas) also appears in the documents, along with text messages he sent to colleagues.

The latest disclosures will add to Washington’s embarrassment after the heavy criticism of the NSA when it emerged that it had been tapping the mobile phone of the German chancellor, Angela Merkel.

One GCHQ document, drafted in January 2009, makes clear that the agencies were targeting an email address listed as belonging to another important American ally – the “Israeli prime minister”. Ehud Olmert was in office at the time.

Three further Israeli targets appeared on GCHQ documents, including another email address understood to have been used to send messages between the then Israeli defence minister, Ehud Barak, and his chief of staff, Yoni Koren.

Prominent names that appear in the GCHQ documents include Joaquín Almunia, a Spaniard who is vice-president of the European commission with responsibility for competition policy.

Britain’s targeting of Germany may also prove awkward for the prime minister, David Cameron: in October, he endorsed an EU statement condemning NSA spying on world leaders, including Merkel.

They have both been in Brussels, attending an EU summit that concludes on Friday.

The names and details are the latest revelations to come from documents leaked by the whistleblower Edward Snowden. They provoked a furious reaction from the European commission, Almunia and others on the target lists.

• The commission said the disclosures “are unacceptable and deserve our strongest condemnation. This is not the type of behaviour that we expect from strategic partners, let alone from our own member states.” Almunia said he was “very upset” to discover his name was on GCHQ documents.

• Leigh Daynes, UK executive director of Médecins du Monde, said he was “bewildered by these extraordinary allegations of secret surveillance. Our doctors, nurses and midwives are not a threat to national security. There is absolutely no reason for our operations to be secretly monitored.”

• Another target, Nicolas Imboden, the head of an NGO that provides help to African countries, said the spying on him was “clearly economic espionage and politically motivated”.

• Human Rights Watch, Privacy International and Big Brother Watch condemned the targeting.

• Labour said the committee that oversees GCHQ should be given extra powers.

The disclosures reflect the breadth of targets sought by the agencies, which goes far beyond the desire to intercept the communications of potential terrorists and criminals, or diplomats and officials from hostile countries. [Continue reading…]

Pro forma denials from GCHQ and the NSA that they are engaged in economic espionage are to be expected. But agencies that don’t provide clear explanations about what they are doing, can hardly be expected to have such denials accepted without question.

The targeting of NGOs will probably heighten suspicions that these organizations are being used to provide cover for intelligence agencies and that in turn will undermine relief and development work in countries where populations are in need but their governments feel easily threatened.

The New York Times reports: The reports show that spies monitored the email traffic of several Israeli officials, including one target identified as “Israeli prime minister,” followed by an email address. The prime minister at the time of the interception, in January 2009, was Ehud Olmert. The following month, spies intercepted the email traffic of the Israeli defense minister, Ehud Barak, according to another report. Two Israeli embassies also appear on the target lists.

Mr. Olmert said in a telephone interview Friday that the email address was used for correspondence with his office, which he said staff members often handled. He added that it was unlikely that any secrets could have been compromised.

“This was an unimpressive target,” Mr. Olmert said. He noted, for example, that his most sensitive discussions with President George W. Bush took place in private. “I would be surprised if there was any attempt by American intelligence in Israel to listen to the prime minister’s lines,” he said.

Mr. Barak, who declined to comment, has said publicly that he used to take it for granted that he was under surveillance.

Despite the close ties between the United States and Israel, the record of mutual spying is long: Israeli spies, including Jonathan Jay Pollard, who was sentenced in 1987 to life in prison for passing intelligence information to Israel, have often operated in the United States, and the United States has often turned the capabilities of the N.S.A. against Israel.

The interception of Mr. Olmert’s office email occurred while he was dealing with fallout from Israel’s military response to rocket attacks from Gaza, but also at a particularly tense time in relations with the United States. The two countries were simultaneously at odds on Israeli preparations to attack Iran’s nuclear program and cooperating on a wave of cyberattacks on Iran’s major nuclear enrichment facility.

A year before the interception of Mr. Olmert’s office email, the documents listed another target, the Institute of Physics at the Hebrew University of Jerusalem, an internationally recognized center for research in atomic and nuclear physics. [Continue reading…]

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Why Snowden should be given amnesty

Former CIA Director James Woolsey had harsh words on Tuesday for anyone thinking about giving Edward Snowden amnesty.

“I think giving him amnesty is idiotic,” Woolsey said. “He should be prosecuted for treason. If convicted by a jury of his peers, he should be hanged by his neck until he is dead.”

Amy Davidson explains why Snowden deserves amnesty.

Why should Edward Snowden be given amnesty? The question keeps coming up, though it can be hard to hear the answers amid the outbursts it provokes. That is a shame, because there are really two separate cases for why Snowden, a former National Security Agency contractor who passed a huge stash of secret documents to reporters, should be allowed to come back to America from Russia, where he has been since the summer, without facing time in jail. The first might be summed up as the good he has done for America; the second as the benefits he can still offer the government. A problem is that those who support one case may be put off, or even enraged, by the other. But, between them, they ought to be enough to get Snowden home safely.

First, those on the government side have to calm down, and also have to be truthful about what their interest in prosecuting Snowden — who has already been charged under the Espionage Act — or not might be. On Sunday, “60 Minutes” broadcast an interview in which Rick Ledgett, the N.S.A. official leading the task forces doing a damage assessment of Snowden’s leaks, said that “my personal view is, yes, it’s worth having a conversation” about amnesty. As for why, when he had just gone on at some length about how much harm Snowden had done, Ledgett suggested that it would be worth it if Snowden could stop any more secrets from coming out: “I would need assurances that the remainder of the data could be secured, and my bar for those assurances would be very high.”

That explanation is either dishonest or deluded. Snowden has said that he doesn’t have “the data” anymore; whether or not the government believes that, and even if there is also some insurance file in the cloud, it is well established that a number of journalists do have the data. Alan Rusbridger, the editor of the Guardian, has testified before a parliamentary committee that the paper has published only one per cent of what it has. And, as Rusbridger tried to explain when some officials from British intelligence came to the newspaper’s office to oversee the smashing up of various drives and other computer components, there are a number of copies, including in the Guardian’s American bureau. [Continue reading…]

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Officials’ defenses of NSA phone program may be unraveling

The Washington Post reports: From the moment the government’s massive database of citizens’ call records was exposed this year, U.S. officials have clung to two main lines of defense: The secret surveillance program was constitutional and critical to keeping the nation safe.

But six months into the controversy triggered by former NSA contractor Edward Snowden, the viability of those claims is no longer clear.

In a three-day span, those rationales were upended by a federal judge who declared that the program was probably unconstitutional and the release of a report by a White House panel utterly unconvinced that stockpiling such data had played any meaningful role in preventing terrorist attacks.

Either of those developments would have been enough to ratchet up the pressure on President Obama, who must decide whether to stand behind the sweeping collection or dismantle it and risk blame if there is a terrorist attack.

Beyond that dilemma for the president, the decision by U.S. District Judge Richard J. Leon and the recommendations from the review panel shifted the footing of almost every major player in the surveillance debate.

NSA officials, who rarely miss a chance to cite Snowden’s status as a fugitive from the law, now stand accused of presiding over a program whose capabilities were deemed by the judge to be “Orwellian” and likely illegal. Snowden’s defenders, on the other hand, have new ammunition to argue that he is more whistleblower than traitor.

Similarly, U.S. officials who have dismissed NSA critics as naive about the true nature of the terrorist threat now face the findings of a panel handpicked by Obama and with access to classified files. Among its members were former deputy CIA director Michael J. Morrell and former White House counterterrorism adviser Richard A. Clarke, both of whom spent years immersed in intelligence reports on al-Qaeda. [Continue reading…]

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Why the NSA ruling could backfire into a court disaster we’ll regret for decades

Steven Rosenfeld writes: Pundits across the political left should be careful about heaping too much praise on U.S. District Judge Richard Leon for this week’s dramatic ruling that the National Security Agency’s electronic dragnet capturing Americans’ online activities is “significantly likely” to be unconstitutional, even though it is a powerful rebuke to America’s spymasters.

That’s because Leon, a longtime Republican warrior, is as much of a legal loudmouth and rightwing activist judge as U.S. Supreme Court Justice Antonin Scalia. More importantly, his elbows-out 68-page opinion is not going to be the last word on the government’s data mining. Leon’s ruling is one of several NSA-related suits moving through the federal courts, including rulings that have reached the opposite conclusion.

“It should be noted that last month Judge Jeffrey Miller of the Southern District of California found the NSA business records program to be constitutional,” Sen. Dianne Feinstein, Senate Intelligence Committee chairwoman, said Tuesday. “Leon’s opinion also differs from those of at least 15 separate federal district court judges… Only the Supreme Court can resolve the question on the constitutionality of the NSA’s program.”

These conflicts will likely trigger a review by the Supreme Court, where the conservative majority already has sanctioned NSA electronic eavesdropping and is known for elevating government searchs over individual rights. In other words, Leon’s rebuke may help put the issue in front of a court majority that is poised to codify national security over privacy rights. [Continue reading…]

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What NSA reforms would mean for Americans (and everyone else)

Joshua Brustein writes: The White House just released the report from an advisory panel (PDF) suggesting changes to intelligence gathering surrounding communication technologies. The Obama administration doesn’t have to accept any of the 46 recommendations, of course, but if it does, it would mean some major shifts in the government’s approach to privacy, and critics of the National Security Agency are taking the proposals seriously. “We view it as a blueprint for restoring privacy protection in post-9/11 America,” says Marc Rotenberg, the president of the Electronic Privacy Information Center.

Here’s what the policy recommendations would mean for three key groups.

American Citizens: The panel essentially calls for an end to fishing expeditions where the government collects a lot of information and holds on to it in case it becomes useful at some point. The report calls for an end to the collection and storage of metadata about phone communications, and the panel would prevent “mass, undigested, non-public personal information about individuals to enable future queries and data-mining for foreign intelligence purposes.” It also suggests tighter restrictions on specific requests for information.

This doesn’t mean loads of personal information shouldn’t be collected and stored. Instead, the panel suggests having private companies or a third party hold on to the information. If the government wants to get it, it would have to ask. This could provide a level of safety, since the private groups would presumably push back against such requests (although it seems telephone companies haven’t done much of that so far). But not everyone likes the idea. “What we’re concerned about is this is opening the door for mandatory data retention, meaning there is a massive database about everything you do,” says Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation.

The panel also wants to break up the duties of the NSA so that the military-related aspects of its work are separate from its defensive duties. Perhaps a civilian would be in charge. There are also various suggestions for tightening control of classified information to prevent the next coming of Edward Snowden. [Continue reading…]

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Who can build a new world?

Quoting the Pope, James Carroll writes: “Who am I to judge?” With those five words, spoken in late July in reply to a reporter’s question about the status of gay priests in the Church, Pope Francis stepped away from the disapproving tone, the explicit moralizing typical of Popes and bishops. This gesture of openness, which startled the Catholic world, would prove not to be an isolated event. In a series of interviews and speeches in the first few months after his election, in March, the Pope unilaterally declared a kind of truce in the culture wars that have divided the Vatican and much of the world. Repeatedly, he argued that the Church’s purpose was more to proclaim God’s merciful love for all people than to condemn sinners for having fallen short of strictures, especially those having to do with gender and sexual orientation. His break from his immediate predecessors—John Paul II, who died in 2005, and Benedict XVI, the traditionalist German theologian who stepped down from the papacy in February—is less ideological than intuitive, an inclusive vision of the Church centered on an identification with the poor. From this vision, theological and organizational innovations flow. The move from rule by non-negotiable imperatives to leadership by invitation and welcome is as fundamental to the meaning of the faith as any dogma.

Of the world’s 1.2 billion Catholics, about forty-one per cent live in Latin America. Catholicism has declined in Europe and the United States, but the pews of churches throughout the developing world are crowded. The election by the College of Cardinals of the first Latin-American Pope is a signal of the Church’s demographic pivot. Francis’s place of origin alone would make him a historic figure, but the statements he has made, and the example he has set, with gestures of modesty and compassion, show a man determined to realign the vast institution with the core message of Jesus.

Late last month, Francis issued the first major declaration of his pontificate, an “apostolic exhortation,” a long document addressed to Catholics which covers a range of issues. Titled “The Joy of the Gospel” and reflecting Francis’s style — there is no pontifical “we” — the exhortation is unrelentingly positive in tone. Francis writes, “We want to enter fully into the fabric of society, sharing the lives of all, listening to their concerns, helping them materially and spiritually in their needs, rejoicing with those who rejoice, weeping with those who weep; arm in arm with others, we are committed to building a new world.”

Time magazine’s choice of Pope Francis as “Person of the Year” provoked some indignant reactions from those who felt that the award should have gone to Edward Snowden. After all, it was hard to dispute that Snowden had gained much greater media prominence around the world in 2013.

While the argument is in many ways petty — after all, it’s not about an accolade that is of any lasting significance — the contrast between the two newsmakers is useful in as much as it provides an opportunity for reflection about the issues that most profoundly affect humanity.

In an open letter, Snowden writes that “the surveillance of whole populations without any suspicion of wrongdoing … threatens to become the greatest human rights challenge of our time.”

Let’s imagine that Snowden’s actions are ultimately successful and through a combination of public and legal pressure, the U.S. and other governments roll back their mass surveillance programs and intelligence agencies serve their national security objectives while respecting the privacy and constitutional rights of ordinary citizens.

In this scenario, Snowden would deserve to be recognized as arguably the most successful whistleblower in history.

At the same time, it’s reasonable to ask whether this victory would have a significant impact on the lives of most people on this planet. I suspect it would not.

Glenn Greenwald has said: “I don’t begrudge the choice of Pope Francis: some of his pronouncements are impressive with the potential to achieve real change.” But in America, it often seems like the best kind of real change most people hope for, is little more than that things not become even worse.

Thanks in large measure to the false hopes peddled by Barack Obama, there seems very little change Americans continue to believe in.

Given the recent history of the Catholic Church and the secular trends shaping society, it’s hardly surprising that there are some people who view Pope Francis with skepticism. Yet for those who believe that humanity is set on a death spiral caused by a self-destructive economic system, it would be terrible to overlook the potential of a real radical simply because we don’t share his theology or find his institutional trappings repugnant.

For an individual to have the potential to change the world, they need much more than a world-changing message. Their word needs to command some kind of authority giving them a measure of instrumental power. But above all they need to embody what they say. Whether Francis qualifies in these terms, it is too early to judge, but he clearly has that potential.

What kind of new world is the Pope striving to create? A world, to paraphrase the economist E.F. Schumacher, in which people matter.

While Pope Francis is being denounced by American conservatives as a “liberation theologian,” one observer sees less Marxism in his denunciations of capitalism than a restatement of the views of the political economist, Karl Polanyi:

Karl Polanyi is most famous for his book The Great Transformation, and in particular for one idea in that book: the distinction between an “economy being embedded in social relations” and “social relations [being] embedded in the economic system.”

Economic activity, Polanyi says, started off as just one of many outgrowths of human activity. And so, economics originally served human needs. But over time, people (particularly, policy-making people) got the idea that markets regulated themselves if laws and regulations got out of their way. The free market converts told people that “only such policies and measures are in order which help to ensure the self-regulation of the market by creating the conditions which make the market the only organizing power in the economic sphere.” Gradually, as free market-based thinking was extended throughout society, humans and nature came to be seen as commodities called “labor” and “land.” The “market economy” had turned human society into a “market society.”

In short (as social sciences professors prepare to slam their heads into their tables at my reductionism), instead of the market existing to help humans live better lives, humans were ordering their lives to fit into the economy.

Now, back to the pope. Pope Francis, in his exhortation, notably does not call for a complete overhaul of the economy. He doesn’t talk revolution, and there’s certainly no Marxist talk of inexorable historical forces.

Instead, Francis denounces, specifically, the complete rule of the market over human beings—not its existence, but its domination.

“Today everything comes under the laws of competition and the survival of the fittest,” he writes. “Human beings are themselves considered consumer goods to be used and then discarded,” and “man is reduced to one of his needs alone: consumption.” He rejects the idea that “economic growth, encouraged by a free market, will inevitably succeed in bringing about greater justice and inclusiveness in the world.” Instead, he argues, growing inequality is “the result of ideologies which defend the absolute autonomy of the marketplace and financial speculation,” which “reject the right of states, charged with vigilance for the common good, to exercise any form of control.” And he repeats the exact language he used in an early address: “Money must serve, not rule!”

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I challenged the NSA in court because it’s a totalitarian attack on human rights

Tea Party activist Larry Klayman writes: Shortly after it was disclosed by then Guardian journalist Glenn Greenwald and NSA whistleblower Edward Snowden that the NSA was running roughshod over the constitutional rights of the American people, I filed two class action lawsuits, on behalf of myself and a client, Charles Strange, who lost his son, a NSA cryptologist, in the Afghan war. These lawsuits not only ask for large monetary damages, but also for an injunction against the US government spying on over 300 million citizens in violation of the Patriot and Foreign Intelligence Surveillance Acts.

The laws make it crystal clear that the NSA, CIA, FBI or any other American government agency can only eavesdrop on persons who are under investigation for being in contact with foreign terrorists, or who are under criminal investigation. What Greenwald, the Guardian and Snowden revealed was a massive ongoing NSA program that collects so-called metadata, which intrudes into the most intimate details of a person’s life, accessing the cell phone, internet and social media communications of nearly the entire US populace. It is, in effect, the biggest and most dangerous violation of constitutional rights in American history.

The obvious effect of this outrage is to chill the free speech, associational and due process rights of all Americans, as now they are under constant surveillance by a government that over 80% of the people, according to Pew Research polling, distrusts, after decades of scandal and corruption by our executive and legislative branches. [Continue reading…]

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After help from CBS, the NSA’s PR campaign takes a major legal hit

Michael Scherer writes: The National Security Agency began the week with a public relations coup: a favorable segment on the spy agency by the CBS News program 60 Minutes. The segment was authored by CBS correspondent John Miller, an intelligence community veteran and former public affairs officer for the Federal Bureau of Investigation, who failed to disclose to viewers that he was eyeing a return to his career in law enforcement when the episode aired, a fact that was first reported by the New York Post.

In the segment, Miller described the controversy over the NSA’s collection of telephone metadata as partly the result of confusion. “So you understand then, there might be a little confusion among Americans who read in the newspaper that the N.S.A. has vacuumed up, the records of the telephone calls of every man, woman and child in the United States for a period of years—that sounds like spying on Americans,” Miller said, in one of his questions to NSA Director Keith Alexander.

Miller’s apparent suggestion here, endorsed by Alexander, was that the collection of metadata phone records does not amount to domestic spying, because the records do not include the content of calls and the records are searched only when there is a suspected terrorist target. “Metadata has become one of the most important tools in the NSA’s arsenal,” said Miller.

This is precisely the message the NSA has been trying to get out, ever since its contractor, Edward Snowden, stole and released documents disclosing the once classified program. And there is a clear urgency to the NSA mission. The public relations war matters because Congress is now considering reform bills that could put an end to the program. Sometime next year, public polling about how American’s feel about their information being collected will play a role in determining the outcome of the debate.

But the NSA’s moment of glory was short-lived. Hours after the show aired, Federal District Judge Richard Leon, an appointee of George W. Bush, ruled that the very same program was likely unconstitutional under the Fourth Amendment, a fact that lead newscasts and newspapers on Tuesday. [Continue reading…]

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The Snowden franchise

Reuters reports: A tale that could rival any spy novel is about to be told by three writers who are working on potentially rival books on the revelations and travails of former National Security Agency contractor Edward Snowden.

Glenn Greenwald, a former columnist for Britain’s The Guardian, has a book likely to come out in March. Greenwald received classified spy documents from Snowden in clandestine meetings in Hong Kong after he fled the United States last spring.

The book is “about my time with Snowden in Hong Kong and reporting the story, but mostly about the surveillance state based on the documents I have (that The Guardian doesn’t) and my reasons why the surveillance state is menacing,” he said in an email.

His publisher is Metropolitan Books, a unit of Henry Holt and Co. Greenwald has also been discussing a movie deal.

The New York Times reported in October that 20th Century Fox , Sony Pictures Entertainment and cable TV network HBO had all considered an on-screen project. But Greenwald said that no movie deal had yet been struck.

Potential competitor books are being prepared by Barton Gellman, a blogger and former Washington Post reporter, and Luke Harding, a journalist for The Guardian.

Gellman, principal author of The Washington Post’s Snowden’s stories but no longer on the paper’s staff, said his project pre-dates the emergence of Snowden.

“I had already started work on a book about the surveillance industrial society when Edward Snowden came my way. He has certainly enriched my reporting, but I am not racing anyone to do a quick hit on current events. My narrative will cover a broader landscape and a wider cast of characters,” Gellman said in an email.

Neither Harding, author of The Guardian book (and co-author of an earlier Guardian book about WikiLeaks and its controversial founder, Julian Assange), nor a spokeswoman for The Guardian would comment on Harding’s book, which is being published under a joint imprint The Guardian set up with British publisher Faber and Faber.

A person familiar with the Guardian project, who asked to remain anonymous, said that at the time Greenwald left the newspaper, the two parties tentatively agreed that to ensure neither party would have a marketing advantage, the books would be published simultaneously. [Continue reading…]

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NSA goes on 60 Minutes: the definitive facts behind CBS’s flawed report

The Guardian reports: The National Security Agency is telling its story like never before. Never mind whether that story is, well, true.

On Sunday night, CBS’s 60 Minutes ran a remarkable piece that provided NSA officials, from director Keith Alexander to junior analysts, with a long, televised forum to push back against criticism of the powerful spy agency. It’s an opening salvo in an unprecedented push from the agency to win public confidence at a time when both White House reviews and pending legislation would restrict the NSA’s powers.

But mixed in among the dramatic footage of Alexander receiving threat briefings and junior analysts solving Rubik’s cubes in 90 seconds were a number of dubious claims: from the extent of surveillance to collecting on Google and Yahoo data centers to an online “kill-switch” for the global financial system developed by China.

Reporter John Miller, a former official with the Office of the Director of National Intelligence and an ex-FBI spokesman, allowed these claims to go unchallenged. The Guardian, not so much. Here’s our take: [Continue reading…]

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Federal judge questions legality of NSA phone records

The New York Times reports: A federal district judge ruled on Monday that the National Security Agency program that is systematically keeping records of all Americans’ phone calls most likely violates the Constitution, describing its technology as “almost Orwellian” and suggesting that James Madison would be “aghast” to learn that the government was encroaching on liberty in such a way.

Judge Richard J. Leon of the District of Columbia ordered the government to stop collecting data on the personal calls of the two plaintiffs in the case and to destroy the records of their calling history. But the judge, appointed to the bench in 2002 by President George W. Bush, stayed his injunction “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues,” allowing the government time to appeal it, a matter that he said could take at least six months. The case is the first in which a federal judge who is not on the Foreign Intelligence Surveillance Court, which authorized the once-secret program, has examined the bulk data collection on behalf of someone who is not a criminal defendant.

The Justice Department has said that 15 separate judges on the surveillance court have held on 35 occasions that the calling data program is legal. It also marks the first successful legal challenge brought against the program since it was revealed in June after leaks by the former N.S.A. contractor Edward J. Snowden.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary’ invasion than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Judge Leon wrote in a 68-page ruling. “Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment,” which prohibits unreasonable searches and seizures. [Continue reading…]

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Is the NSA trying to blackmail Snowden?

On 60 Minutes last night, CBS News was provided with an “unprecedented” view inside the NSA. This included an interview with Rick Ledgett, who is leading an NSA task force conducting damage assessment on the Snowden leaks.

John Miller: Of all the things he took is there anything in there that worries you or concerns you more than anything else?

Rick Ledgett: It’s an exhaustive list of the requirements that have been levied against– against the National Security Agency. And what that gives is, what topics we’re interested in, where our gaps are. But additional information about U.S. capabilities and U.S. gaps is provided as part of that.

John Miller: So, I’m going to assume that there’s one in there about China, and there’s one in there about Iran, and there’s another in there about Russia.

Rick Ledgett: Many more than one.

John Miller: Many more than one?

Rick Ledgett: Yes.

John Miller: How many of those are there?

Rick Ledgett: About 31,000.

John Miller: If those documents fell into their hands? What good would it do them?

Rick Ledgett: It would give them a roadmap of what we know, what we don’t know, and give them– implicitly, a way to– protect their information from the U.S. intelligence community’s view.

John Miller: For an adversary in the intelligence game, that’s a gold mine?

Rick Ledgett: It is the keys to the kingdom.

Note that in no point in this exchange does Ledgett assert that the NSA knows Snowden took this particular document collection, while Miller — who comes across more like a Hollywood parody of a journalist — fails to raise this question.

But suppose the NSA truly believes that Snowden took this collection of 31,000 documents. Not only would this be a cause of immense concern to the agency, but the belief itself would be a closely guarded secret.

What possible interest does the United States have in publicizing to its adversaries, that it has lost control of its most valuable intelligence assessments?

If Snowden’s life was not already in great danger, then now, thanks to the NSA (and CBS) he just became even more exposed. And maybe that’s the point.

The NSA wants Snowden to become more afraid of remaining outside the United States than afraid of returning.

Snowden clearly understood that the longer he retained possession of however many documents he took, the more vulnerable he would become, but he waited several months before revealing to the New York Times that he had handed over all the documents to Glenn Greenwald and Laura Poitras when they met him in Hong Kong in June.

The NSA — with CBS News’ help — however, wants to promote the view that Snowden has currently in his possession 1.7 million documents.

Even if Snowden follows up his earlier denial with another denial, he will remain under intense scrutiny by foreign intelligence services.

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Officials say U.S. may never know extent of Snowden’s leaks

The New York Times reports: American intelligence and law enforcement investigators have concluded that they may never know the entirety of what the former National Security Agency contractor Edward J. Snowden extracted from classified government computers before leaving the United States, according to senior government officials.

Investigators remain in the dark about the extent of the data breach partly because the N.S.A. facility in Hawaii where Mr. Snowden worked — unlike other N.S.A. facilities — was not equipped with up-to-date software that allows the spy agency to monitor which corners of its vast computer landscape its employees are navigating at any given time.

Six months since the investigation began, officials said Mr. Snowden had further covered his tracks by logging into classified systems using the passwords of other security agency employees, as well as by hacking firewalls installed to limit access to certain parts of the system.

“They’ve spent hundreds and hundreds of man-hours trying to reconstruct everything he has gotten, and they still don’t know all of what he took,” a senior administration official said. “I know that seems crazy, but everything with this is crazy.”

That Mr. Snowden was so expertly able to exploit blind spots in the systems of America’s most secretive spy agency illustrates how far computer security still lagged years after President Obama ordered standards tightened after the WikiLeaks revelations of 2010. [Continue reading…]

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