Category Archives: NSA

Do you love your country?

Yesterday I got a new pair of glasses and as the optician made sure they were spotless, I was amused to see she was using a cloth in the form of a small British flag — a Union Jack.

“It’s fortunate that the British don’t view their flag the same way Americans view theirs, otherwise I might take offense,” I told her. She seemed to have no idea what I meant as I alluded to American traditions regarding the respectful handling of Old Glory.

The ambiguity of British national identity is embedded right in the structure of the flag, with its English, Scottish, and Irish elements.

If Scotland votes in favor of independence next September, perhaps there should be a debate about whether the Union Jack retains its St Andrew’s Cross — St. Andrew being Scotland’s patron saint. Maybe the time will have come to toss out the name and concept of a United Kingdom.

Following yesterday’s parliamentary interrogation of the newspaper’s editor, Alan Rusbridger, by British MPs, The Guardian reported:

In perhaps the most unexpected exchange of the session, [Keith] Vaz [chairman of the home affairs select committee] asked Rusbridger if he loved his country – an apparent reference to critics of the Guardian who have accused it of weakening its security. Vaz [who was born in Aden, which is now part of Yemen] asked : “You and I were both born outside this country, but I love this country. Do you love this country?”

Rusbridger [who was born in Northern Rhodesia, which later became Zambia]: “I’m slightly surprised to be asked the question but, yes, we are patriots and one of the things we are patriotic about is the nature of democracy, the nature of a free press and the fact that one can, in this country, discuss and report these things.”

Vaz: “So the reason why you’ve done this has not been to damage the country, it is to help the country understand what is going on as far as surveillance is concerned?”

Rusbridger: “I think there are countries, and they’re not generally democracies, where the press are not free to write about these things, and where the security services do tell editors what to write, and where politicians do censor newspapers. That’s not the country that we live in, in Britain, that’s not the country that America is and it’s one of the things I love about this country – is that we have that freedom to write, and report, and to think.”

Mindful of the way his answer would be reported, Rusbridger did not hesitate to identify himself as a patriot, but even if this was not Vaz’s intention, the mere asking of the question brought to the hearing a tinge of McCarthyism.

As much as Britain has marched in lockstep with the United States since 9/11, its susceptibility to engage in slavish imitation has not extended as far as politicians or other public figures feeling duty-bound to sport Union Jack lapel buttons. Fortunately, for the British, the flag remains an ambiguous symbol.

If Rusbridger had been born in Edinburgh instead of Rhodesia, Vaz might have refrained from raising the question of patriotism. After all, if the vote on independence was phrased in the most emotive way, it could simply ask those being polled: which country do you love more: Britain or Scotland?

No doubt the voters themselves will largely be confronting more practical questions about economics and the future and their choice will not be wholly guided by sentiment.

Both in Britain and America and elsewhere, the ultimate test of patriotic loyalty goes far beyond love of country.

Are you willing to die for your country?

Even during an era in which martyrdom has become identified with religious extremism, not many Americans view the willingness to die while defending the United States as an expression of extremism. And yet those Americans who have been called on in recent years to demonstrate that willingness have disproportionately been under-privileged.

In contrast, those Americans who are willing to send other Americans to die for their country, have rarely even been willing to give up their job — let alone sacrifice their life — for the sake of the nation.

Before anyone makes a bold declaration about the extent and depth of their love of country, it’s worth asking: what do you mean by “love” and “country”?

Is this love simply another name for blind obedience? And do we confuse countries with their national emblems?

Wisely, Rusbridger qualified his love of Britain by identifying some of the things that make it lovable — such as freedom of expression and the ability to publish without seeking permission from a state censor. But the mere fact that he was being questioned was indicative of a trend being pushed by those who prize loyalty and obedience to state-defined interests, more than they prize a free and independent press.

Countries can change fast and one of the surest signs they are changing for the worse is when journalists are accused of being insufficiently patriotic.

Had Rusbridger been more blunt he might have said: I love what my country represents but not what it is becoming.

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NSA FOIA response claims data on vendor contracts ‘unsearchable’

Tim Cushing writes: Trying to pry information loose from the NSA is nearly impossible. The ODNI has been dropping documents related to the NSA’s various surveillance programs, but that’s as a result of a lawsuit, something that goes completely unacknowledged at the ODNI’s site. People requesting a peek into what the NSA has collected on them PERSONALLY have been universally met with a boilerplate response that “neither confirms nor denies” the existence of this data.

MuckRock has been filing dozens of FOIA requests in hopes of freeing up info on the many contractors employed by the NSA. Unsurprisingly, this has met with little success. While it did manage to secure 16 pages on French security firm Vupen, its other requests have been met with claims that no responsive documents have been found. This is hard to believe considering some of the requests are about known NSA contractors.

But one recent response went past baffling into the realm of the surreal in its assertion that the keywords MuckRock sought info on were just too “wide open” to be useful.

A search for overly broad keywords such as “CNO” and “computer network attack” would be tantamount to conducting a manual search through thousands of folders and then reading each document in order to determine whether the document pertains to a contract.

So, the agency that claims to be able to sift through millions of pieces of communications and data somehow claims it can’t wrangle its own data. Of course, the NSA can’t even search its own internal email, so asking it to run a keyword search for contract documents is probably out of the question. But this assertion by the NSA is a bit puzzling, as it almost implies a lot of what’s being searched for isn’t even digitized, as MuckRock points out. [Continue reading…]

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Edward Snowden revelations prompt UN investigation into surveillance

The Guardian reports: The UN’s senior counter-terrorism official is to launch an investigation into the surveillance powers of American and British intelligence agencies following Edward Snowden’s revelations that they are using secret programmes to store and analyse billions of emails, phone calls and text messages.

The UN special rapporteur Ben Emmerson QC said his inquiry would also seek to establish whether the British parliament had been misled about the capabilities of Britain’s eavesdropping headquarters, GCHQ, and whether the current system of oversight and scrutiny was strong enough to meet United Nations standards.

The inquiry will make a series of recommendations to the UN general assembly next year. [Continue reading…]

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Feinstein and Rogers try to scare Americans with ooga booga terrorism threats

Mike Masnick writes: It appears that the heads of the Senate and House Intelligence Committees, Senator Dianne Feinstein and Rep. Mike Rogers, are recognizing that their strategy for keeping their co-dependent relationship with the NSA going is failing and that the American public and an increasingly large segment of Congress no longer believes their bogus claims. Perhaps that’s because every time they open their mouths, it takes all of about an hour before many of their claims are completely debunked, if not outright mocked for obviously being bogus. So their latest strategy? To basically yell “Ooga Booga Terrorists!” as loud as they can to try to scare people based on absolutely nothing. [Continue reading…]

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The NSA’s porn-surveillance program: Not safe for democracy

Conor Friedersdorf writes: Let’s think through the troubling implications of the latest surveillance-state news. “The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches,” Glenn Greenwald, Ryan Gallagher, and Ryan Grim report.

NSA apologists would have us believe that only terrorists have cause to be worried. A surveillance-state spokesperson told the Huffington Post, “without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence.”

As the story notes, however, the targets are not necessarily terrorists. The term the NSA uses for them is “radicalizes,” and if you’re thinking of fiery orators urging people to strap on dynamite vests, know that the NSA chart accompanying the story includes one target who is a “well known media celebrity,” and whose offense is arguing that “the U.S. perpetrated the 9/11 attacks.” It makes one wonder if the NSA believes it would be justified in targeting any 9/11 truther. The chart* shows another target whose “writings appear on numerous jihadi websites” (it doesn’t specify whether the writings were produced for those websites or merely posted there), and whose offending argument is that “the U.S. brought the 9/11 attacks upon itself.” That could be a crude description of what the Reverend Jeremiah Wright or Ron Paul thinks about 9/11. [Continue reading…]

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Britain targets Guardian over Snowden intelligence leaks

The Washington Post reports: Living in self-imposed exile in Russia, former National Security Agency contractor Edward Snowden may be safely beyond the reach of Western powers. But dismayed by the continued airing of trans­atlantic intelligence, British authorities are taking full aim at a messenger shedding light on his secret files here — the small but mighty Guardian newspaper.

The pressures coming to bear on the Guardian, observers say, are testing the limits of press freedoms in one of the world’s most open societies. Although Britain is famously home to a fierce pack of news media outlets — including the tabloid hounds of old Fleet Street — it also has no enshrined constitutional right to free speech.

The Guardian, in fact, has slipped into the single largest crack in the free speech laws that are on the books here — the dissemination of state secrets protecting queen and country in the British homeland.

A feisty, London-based news outlet with a print circulation just shy of 200,000 — albeit with a far bigger footprint online with readers in the many millions — the Guardian, along with The Washington Post, was the first to publish reports based on classified data spirited out of the United States by Snowden. In the months since, the Guardian has continued to make officials here exceedingly nervous by exposing the joint operations of U.S. and British intelligence — particularly their cooperation in data collection and snooping programs involving British citizens and close allies on the European continent.

In response, the Guardian is being called to account by British authorities for jeopardizing national security. The Guardian’s top editor, Alan Rusbridger, is being forced to appear before a parliamentary committee Tuesday to explain the news outlet’s actions. The move comes after British officials ordered the destruction of hard drives at the Guardian’s London headquarters, even as top ministers have taken to the airwaves to denounce the newspaper. Scotland Yard has also suggested it may be investigating the paper for possible breaches of British law.

The government treatment of the Guardian is highlighting the very different way Britons tend to view free speech, a liberty that here is seen through the prism of the public good and privacy laws as much as the right to open expression.

Nevertheless, the actions against the paper have led to growing concern in Britain and beyond. Frank La Rue, the U.N. special rapporteur on free expression, has denounced the Guardian’s treatment as “unacceptable in a democratic society.” The World Association of Newspapers and News Publishers, a Paris-based trade association, will send a delegation of “concerned” publishers and editors from five continents to London in January on a “U.K. press freedom mission.” [Continue reading…]

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Techies vs. NSA: Encryption arms race escalates

The Associated Press reports: Encrypted email, secure instant messaging and other privacy services are booming in the wake of the National Security Agency’s recently revealed surveillance programs. But the flood of new computer security services is of variable quality, and much of it, experts say, can bog down computers and isn’t likely to keep out spies.

In the end, the new geek wars —between tech industry programmers on the one side and government spooks, fraudsters and hacktivists on the other— may leave people’s PCs and businesses’ computer systems encrypted to the teeth but no better protected from hordes of savvy code crackers.

“Every time a situation like this erupts you’re going to have a frenzy of snake oil sellers who are going to throw their products into the street,” says Carson Sweet, CEO of San Francisco-based data storage security firm CloudPassage. “It’s quite a quandary for the consumer.” [Continue reading…]

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NSA spying risks $35 billion in U.S. technology sales

Bloomberg reports: International anger over the National Security Agency’s Internet surveillance is hurting global sales by American technology companies and setting back U.S. efforts to promote Internet freedom.

Disclosures of spying abroad may cost U.S. companies as much as $35 billion in lost revenue through 2016 because of doubts about the security of information on their systems, according to the Information Technology & Innovation Foundation, a policy research group in Washington whose board includes representatives of companies such as IBM and Intel.

“The potential fallout is pretty huge given how much our economy depends on the information economy for its growth,” said Rebecca MacKinnon, a senior fellow at the New America Foundation, a Washington policy group. “It’s increasingly where the U.S. advantage lies.”

Any setback in the U.S. push to maintain an open Internet also could inflict indirect damage on companies such as Apple and Google that benefit from global networks with few national restrictions. [Continue reading…]

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Pierre Omidyar, Glenn Greenwald and the ownership of the Snowden’s leaks

Mark Ames writes: Who “owns” the NSA secrets leaked by Edward Snowden to reporters Glenn Greenwald and Laura Poitras?

Given that eBay founder Pierre Omidyar just invested a quarter of a billion dollars to personally hire Greenwald and Poitras for his new for-profit media venture, it’s a question worth asking.

It’s especially worth asking since it became clear that Greenwald and Poitras are now the only two people with full access to the complete cache of NSA files, which are said to number anywhere from 50,000 to as many as 200,000 files. That’s right: Snowden doesn’t have the files any more, the Guardian doesn’t have them, the Washington Post doesn’t have them… just Glenn and Laura at the for-profit journalism company created by the founder of eBay.

Edward Snowden has popularly been compared to major whistleblowers such as Daniel Ellsberg, Chelsea Manning and Jeffrey Wigand. However, there is an important difference in the Snowden files that has so far gone largely unnoticed. Whistleblowing has traditionally served the public interest. In this case, it is about to serve the interests of a billionaire starting a for-profit media business venture. This is truly unprecedented. Never before has such a vast trove of public secrets been sold wholesale to a single billionaire as the foundation of a for-profit company.

Think about other famous leakers: Daniel Ellsberg neither monetized nor monopolized the Pentagon Papers. Instead, he leaked them to well over a dozen different newspapers and media outlets such as the New York Times and Washington Post, and to a handful of sitting senators — one of whom, Mike Gravel, read over 4,000 of the 7,000 pages into the Congressional record before collapsing from exhaustion. The Papers were published in book form by a small nonprofit run by the Unitarian Church, Beacon House Press.

Chelsea Manning, responsible for the largest mass leaks of government secrets ever, leaked everything to WikiLeaks, a nonprofit venture that has largely struggled to make ends meet in its seven years of existence. Julian Assange, for all of his flaws, cannot be accused of crudely enriching himself from his privileged access to Manning’s leaks; instead, he shared his entire trove with a number of established media outlets including the Guardian, New York Times, Le Monde and El Pais. Today, Chelsea Manning is serving a 35-year sentence in a military prison, while the Private Manning Support Network constantly struggles to raise funds from donations; Assange has spent the last year and a half inside Ecuador’s embassy in London, also struggling to raise funds to run the WikiLeaks operation.

A similar story emerges in the biggest private sector analogy — the tobacco industry leaks by whistleblowers Merrell Williams and Jeffrey Wigand. After suffering lawsuits, harassment and attempts to destroy their livelihoods, both eventually won awards as part of the massive multibillion dollar settlements — but the millions of confidential tobacco documents now belong to the public, maintained by a nonprofit, the American Legacy Project, whose purpose is to help scholars and reporters and scientists fight tobacco propaganda and power. Every year, over 400,000 Americans die from tobacco-related illnesses.

The point is this: In the most successful whistleblower cases, the public has sided with the selfless whistleblower against the power- or profit-driven entity whose secrets were leaked. The Snowden case represents a new twist to the heroic whistleblower story arc: After successfully convincing a large part of the public and the American Establishment that Snowden’s leaks serve a higher public interest, Greenwald promptly sold those secrets to a billionaire. [Continue reading…]

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Ire in Canada over report NSA spied from Ottawa

The New York Times reports: Canadian opposition politicians expressed shock and anger on Thursday over a report that the National Security Agency conducted widespread surveillance during a summit meeting of world leaders in Canada in June 2010.

The Canadian Broadcasting Corporation, citing a confidential briefing paper obtained by Edward J. Snowden, the former N.S.A. contractor, reported on Wednesday night that the N.S.A. turned the United States Embassy in Ottawa into a command post for a six-day surveillance operation that coincided with the Group of 20 summit meeting in Toronto and the Group of 8 meeting in Huntsville, Ontario.

According to the document, the operation was “closely coordinated with the Canadian partner,” an apparent reference to the Communications Security Establishment Canada, a Canadian electronic surveillance agency.

Exactly who or what the N.S.A. was monitoring, however, was unclear from the CBC’s description of the report. The document does indicate, however, that the N.S.A. believed that its mandate during the summit meetings included “providing support to policy makers.” [Continue reading…]

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U.S. nears decision to split leadership of NSA, Cyber Command

Reuters reports: The White House is nearing a decision on splitting up the eavesdropping National Security Agency and U.S. Cyber Command, which conducts cyber warfare, a proposed reform prompted in part by revelations of NSA’s widespread snooping, individuals briefed on the matter said on Wednesday.

As part of the emerging plan, the NSA likely would get a civilian director for the first time in its 61-year history, the individuals said.

Both agencies are now headed by the same person, Army General Keith Alexander, who is retiring in March as NSA’s longest-serving director.

While Alexander is highly regarded in the intelligence community, critics have questioned the current arrangement. They say it concentrates too much power in one individual and that the two agencies have different missions. [Continue reading…]

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Fallout from NSA surveillance threatens ‘the existence of the World Wide Web’ says agency’s former director

The Wall Street Journal reports: Revelations about the NSA’s surveillance operations are fueling international efforts to divide up the Internet by country, [Michael Hayden, former director of both the NSA and the CIA] said, which is a movement the U.S. government — and U.S. tech companies — have worked hard to prevent.

“This is threatening the existence of the World Wide Web,” Mr. Hayden said, adding that a Balkanization of the Internet is “a no-fooling danger.”

In the near term, Germany wants a “no-spy” agreement and has sought to insert tough data-privacy measures into a long-sought U.S.-European trade pact. Ms. Merkel told parliament last Monday the NSA affair was “putting to the test” Germany’s relationship with the U.S., and the trade pact negotiations in particular.

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Microsoft boosts effort to encrypt its Internet traffic to avoid NSA spying

The Washington Post reports: Microsoft is moving toward a major new effort to encrypt its Internet traffic amid fears that the National Security Agency may have broken into its global communications links, said people familiar with the emerging plans.

Suspicions at Microsoft, while building for several months, sharpened in October when it was reported that the NSA was intercepting traffic inside the private networks of Google and Yahoo, two industry rivals with similar global infrastructures, said people with direct knowledge of the company’s deliberations. They said top Microsoft executives are meeting this week to decide what encryption initiatives to deploy and how quickly.

Documents obtained from former NSA contractor Edward Snowden suggest — but do not prove — that the company is right to be concerned. Two previously unreleased slides that describe operations against Google and Yahoo include references to Microsoft’s Hotmail and Windows Live Messenger services. A separate NSA e-mail mentions Microsoft Passport, a Web-based service formerly offered by Microsoft, as a possible target of that same surveillance project, called MUSCULAR, which was first disclosed by The Washington Post last month.

Though Microsoft officials said they had no independent verification of the NSA targeting the company in this way, general counsel Brad Smith said Tuesday that it would be “very disturbing” and a possible constitutional breach if true. [Continue reading…]

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Snowden spyware revelations: we need to unmask the five-eyed monster

Eric King, head of research at Privacy International, writes: As the global public reels from yet another Snowden revelation – this time, that the US and UK intelligence forces have hacked into and planted spyware on more than 50,000 computer networks worldwide – the hypocrisy of the US and British governments is brought into sharp relief. Less than four years ago Hillary Clinton, chastising China, declared that “countries or individuals that engage in cyber attacks should face consequences and international condemnation. In an interconnected world, an attack on one nation’s networks can be an attack on all.” Given what we now know to be the “Five Eyes” complete stranglehold on the world’s internet infrastructure, how can we possibly reconcile repeated American appeals to internet freedom and condemnation of Chinese internet monitoring with US-sponsored network hacking?

Intelligence agencies and the governments that operate them have been revealed to be not merely secretive, but also hypocritical, and dismissive of any legitimate public concerns. It is time to bring these practices, and the covert agreements that underpin them, into the light. For more than 60 years, the secret patchwork of spying arrangements and intelligence-sharing agreements that makes up the Five Eyes alliance has remained obfuscated by the states that it benefits – Australia, the US, Canada, New Zealand and the UK. Save for one critically important release of declassified documents in 2010, the Five Eyes states have spent almost 70 years concealing from their citizens the scope and extent of their global surveillance ambitions – eroding the public’s ability to communicate privately and securely without examination or question.

That’s why today, Privacy International has written to the governments of the Five Eyes states demanding the publication of the treaties and agreements that underpin the alliance. At the same time, a group of civil society actors are launching a Campaign to End Mass Surveillance, enlisting citizens from around the world to urgently call on their governments to put down this mysterious arrangement. While these arrangements have been in existence for decades, the alliance is now coming out of the shadows to block UN resolutions condemning the mass surveillance that has been revealed over the summer. [Continue reading…]

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Spies worry over ‘doomsday’ cache alleged to be stashed on cloud by Snowden

Reuters reports: British and U.S. intelligence officials say they are worried about a “doomsday” cache of highly classified, heavily encrypted material they believe former National Security Agency contractor Edward Snowden has stored on a data cloud.

The cache contains documents generated by the NSA and other agencies and includes names of U.S. and allied intelligence personnel, seven current and former U.S. officials and other sources briefed on the matter said.

The data is protected with sophisticated encryption, and multiple passwords are needed to open it, said two of the sources, who like the others spoke on condition of anonymity to discuss intelligence matters.

The passwords are in the possession of at least three different people and are valid for only a brief time window each day, they said. The identities of persons who might have the passwords are unknown.

Spokespeople for both NSA and the U.S. Office of the Director of National Intelligence declined to comment.

One source described the cache of still unpublished material as Snowden’s “insurance policy” against arrest or physical harm.

U.S. officials and other sources said only a small proportion of the classified material Snowden downloaded during stints as a contract systems administrator for NSA has been made public. Some Obama Administration officials have said privately that Snowden downloaded enough material to fuel two more years of news stories.

“The worst is yet to come,” said one former U.S. official who follows the investigation closely. [Continue reading…]

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Obama’s overhaul of spy programs cloaked in more secrecy

McClatchy reports: President Barack Obama has faced withering criticism around the globe for his secret spying programs. How has he responded? With more secrecy.

Obama has been gradually tweaking his vast government surveillance policies. But he is not disclosing those changes to the public. Has he stopped spying on friendly world leaders? He won’t say. Has he stopped eavesdropping on the United Nations, the World Bank and the International Monetary Fund? He won’t say.

Even the report by the group Obama created to review and recommend changes to his surveillance programs has been kept secret.

Critics note that this comes after he famously promised the most open administration in history.

“They seem to have reverted to a much more traditional model of secrecy except when it’s politically advantageous,” said Steven Aftergood, who directs the Federation of American Scientists Project on Government Secrecy, and is an expert on – and prominent critic of – government secrecy. “That’s normal but not consistent with their pledge. [Continue reading…]

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Top-secret document reveals NSA propaganda operations designed to discredit ‘radicalizers’

The Huffington Post reports: The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target’s credibility, reputation and authority.

The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT” — or signals intelligence, the interception of communications — “assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues.

Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”

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The Director of the National Security Agency — described as “DIRNSA” — is listed as the “originator” of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. [Continue reading…]

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NSA may have hit Internet companies at a weak spot

The New York Times reports: The recent revelation that the National Security Agency was able to eavesdrop on the communications of Google and Yahoo users without breaking into either company’s data centers sounded like something pulled from a Robert Ludlum spy thriller.

How on earth, the companies asked, did the N.S.A. get their data without their knowing about it?

The most likely answer is a modern spin on a century-old eavesdropping tradition.

People knowledgeable about Google and Yahoo’s infrastructure say they believe that government spies bypassed the big Internet companies and hit them at a weak spot — the fiber-optic cables that connect data centers around the world and are owned by companies like Verizon Communications, the BT Group, the Vodafone Group and Level 3 Communications. In particular, fingers have been pointed at Level 3, the world’s largest so-called Internet backbone provider, whose cables are used by Google and Yahoo.

The Internet companies’ data centers are locked down with full-time security and state-of-the-art surveillance, including heat sensors and iris scanners. But between the data centers — on Level 3’s fiber-optic cables that connected those massive computer farms — information was unencrypted and an easier target for government intercept efforts, according to three people with knowledge of Google’s and Yahoo’s systems who spoke on the condition of anonymity. [Continue reading…]

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