Category Archives: NSA

Eric Holder doesn’t see any basis to prosecute Glenn Greenwald… for now

Mike Masnick writes: It’s not a complete promise, but in an interview with the Washington Post, Attorney General Eric Holder suggested that, while he disagrees with some of what Glenn Greenwald is doing, he still thinks it’s legitimate journalism and he’s not looking to prosecute him for anything related to the Ed Snowden NSA leaks:

Holder indicated that the Justice Department is not planning to prosecute former Guardian reporter Glenn Greenwald, one of the journalists who received documents from Snowden and has written a series of stories based on the leaked material. Greenwald, an American citizen who lives in Brazil, has said he is reluctant to come to the U.S. because he fears detention and possible prosecution.

“Unless information that has not come to my attention is presented to me, what I have indicated in my testimony before Congress is that any journalist who’s engaged in true journalistic activities is not going to be prosecuted by this Justice Department,” Holder said.

“I certainly don’t agree with what Greenwald has done,” Holder said. “In some ways, he blurs the line between advocate and journalist. But on the basis of what I know now, I’m not sure there is a basis for prosecution of Greenwald.”

That’s not exactly a ringing endorsement of freedom of the press, nor is it probably enough to make Greenwald feel comfortable. [Continue reading…]

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NSA and DHS try to suppress free speech

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VOA reports: The U.S. National Security Agency and the Department of Homeland Security have threatened legal action to block the sale of T-shirts that ridicule these two powerful government agencies. But the T-shirt designer says NSA and DHS are the ones breaking the law by assaulting free speech, a pillar of democratic society.

A judge may decide who is right.

One T-shirt calls the NSA the “only part of the government that actually listens,” a joke that plays on the NSA’s controversial, and critics say overzealous, monitoring of communications worldwide. Americans tend to laugh out loud when they see the message.

Another shirt parodies the DHS logo, rewritten as the “Department of Homeland Stupidity.”

Agency officials have sent stern letters to the printer who makes and distributes these designs, demanding an immediate halt, according to T-shirt designer Dan McCall. He says the letters cite federal laws banning unauthorized use or defacement of official logos. [Continue reading…]

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Google warns about the NSA threat to the U.S. economy

The New York Times reports: Google’s canned responses to reports of government spying have ranged from “concerned” to “outraged.” But some of its employees have been more outspoken.

One of Google’s top lawyers testified before Congress Wednesday about surveillance, demanding urgent reform of email privacy laws and warning of threats to the open Internet and to the United States economy. Meanwhile, Google engineers who work on security railed against the government online.

The backlash against government Internet surveillance could hurt the United States economy, partly because businesses and consumers could abandon United States cloud companies, said Richard Salgado, the director for law enforcement and information security at Google, in testimony before the Senate judiciary subcommittee on privacy, technology and the law.

He cited studies like one from Forrester that predicted the cloud computing industry could lose $180 billion, 25 percent of its revenue, by 2016. [Continue reading…]

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British press freedom under threat

In an editorial, the New York Times says: Britain has a long tradition of a free, inquisitive press. That freedom, so essential to democratic accountability, is being challenged by the Conservative-Liberal Democrat coalition government of Prime Minister David Cameron.

Unlike the United States, Britain has no constitutional guarantee of press freedom. Parliamentary committees and the police are now exploiting that lack of protection to harass, intimidate and possibly prosecute The Guardian newspaper for its publication of information based on National Security Agency documents that were leaked by Edward Snowden. The New York Times has published similar material, believing that the public has a clear interest in learning about and debating the N.S.A.’s out-of-control spying on private communications. That interest is shared by the British public as well.

In the United States, some members of Congress have begun pushing for stronger privacy protections against unwarranted snooping. British parliamentarians have largely ducked their duty to ask tough questions of British intelligence agencies, which closely collaborate with the N.S.A., and have gone after The Guardian instead.

Alan Rusbridger, the newspaper’s editor, has been summoned to appear before a parliamentary committee next month to testify about The Guardian’s internal editorial decision-making regarding the Snowden information. Members of Parliament have also demanded information on the newspaper’s decision to make some of the leaked information available to other journalists, including those at The Times. That should be none of Parliament’s business. Meanwhile, Scotland Yard detectives are pursuing a criminal investigation into The Guardian’s actions surrounding the Snowden leaks.

These alarming developments threaten the ability of British journalists to do their jobs effectively. Britain’s press has long lacked the freedoms enjoyed by American newspapers. Now it appears they are less free from government interference than journalists in Germany, where Der Spiegel has published material from the Snowden leaks without incurring government bullying.

The global debate now taking place about intelligence agencies collecting information on the phone calls, emails and Internet use of private citizens owes much to The Guardian’s intrepid journalism. In a free society, the price for printing uncomfortable truths should not be parliamentary and criminal inquisition.

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Cisco demonstrates how the NSA is seriously damaging the U.S. economy

Quartz reports: Cisco announced two important things in today’s earnings report: The first is that the company is aggressively moving into the Internet of Things — the effort to connect just about every object on earth to the internet — by rolling out new technologies. The second is that Cisco has seen a huge drop-off in demand for its hardware in emerging markets, which the company blames on fears about the NSA using American hardware to spy on the rest of the world.

Cisco chief executive John Chambers said on the company’s earnings call that he believes other American technology companies will be similarly affected. Cisco saw orders in Brazil drop 25% and Russia drop 30%. Both Brazil and Russia have expressed official outrage over NSA spying and have announced plans to curb the NSA’s reach.

Analysts had expected Cisco’s business in emerging markets to increase 6%, but instead it dropped 12%, sending shares of Cisco plunging 10% in after-hours trading. [Continue reading…]

If Cisco currently feels like its operations have been undermined by the NSA, it hasn’t shown much reticence in the past about making its technology available where it would likely be used for surveillance.

In 2011, the Wall Street Journal reported: Western companies including Cisco Systems Inc. are poised to help build an ambitious new surveillance project in China—a citywide network of as many as 500,000 cameras that officials say will prevent crime but that human-rights advocates warn could target political dissent.

The system, being built in the city of Chongqing over the next two to three years, is among the largest and most sophisticated video-surveillance projects of its kind in China, and perhaps the world. Dubbed “Peaceful Chongqing,” it is planned to cover a half-million intersections, neighborhoods and parks over nearly 400 square miles, an area more than 25% larger than New York City.

The project sheds light on how Western tech companies sell their wares in China, the Middle East and other places where there is potential for the gear to be used for political purposes and not just safety. The products range from Internet-censoring software to sophisticated networking gear. China in particular has drawn criticism for treating political dissent as a crime and has a track record of using technology to suppress it.

An examination of the Peaceful Chongqing project by The Wall Street Journal shows Cisco is expected to supply networking equipment that is essential to operating large and complicated surveillance systems, according to people familiar with the deal.

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NSA practices could inspire a global boom in intrusive surveillance

MIT Technology Review: Reports of the National Security agency’s surveillance programs based on documents leaked by Edward Snowden have been embarrassing for some, enraging to others. But to governments and security services in developing economies they will prove inspirational, according to a report (PDF) from the University of Toronto’s Citizen Lab, which studies online security and privacy.

The report warns that governments that already impose authoritarian controls on the Internet, such as China, India, and Saudi Arabia, may now seek to boost those efforts with NSA-style bulk collection programs that trample on civil liberties.

Ron Deibert, director of Citizen Lab, writes in the report that:

“No doubt one implication of Snowden’s revelations will be the spurring on of numerous national efforts to regain control of information infrastructures through national competitors to Google, Verizon, and other companies implicated, not to mention the development of national signals intelligence programs that attempt to duplicate the US model.”

Deibert says that many companies already face “complex” and “frustrating” requests from “newly emerging markets” for data on their users. He believes that the NSA revelations will cause those to become even more common, with unwelcome results. [Continue reading…]

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Author of PATRIOT Act goes to EU parliament, admits Congress failed and NSA is out of control

Mike Masnick writes: It’s already strange enough that the author of the PATRIOT Act, Rep. Jim Sensenbrenner, has come out strongly against the NSA’s mass spying, said that James Clapper should be fired and prosecuted, and introduced sweeping new legislation that would significantly curtail the NSA’s activities. If you’ve followed civil liberties issues over the past dozen years or so, Sensenbrenner used to be very much in the camp of folks like Rep. Mike Rogers and Senator Dianne Feinstein — seen as carrying water for the intelligence community (and industry). The change of heart (even if he claims the original PATRIOT Act was never meant to allow this stuff) is quite impressive.

Even so, it’s perhaps even more incredible to see that Sensenbrenner has now gone over to the EU Parliament to admit that the NSA is out of control and needs to be reined in. [Continue reading…]

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Spying scandal alters U.S. ties with allies and raises talk of policy shift

The New York Times reports: Just as European and American negotiators resumed work on a groundbreaking trade accord meant to tie their two continents closer together, René Obermann, the chief executive of Deutsche Telekom, the German telecommunications giant, told a cybersecurity conference in Germany on Monday that his company was working to keep electronic message traffic from “unnecessarily” crossing the Atlantic, where it could fall into the hands of the National Security Agency.

Other German executives, and some politicians, are beginning to talk of segmenting the Internet, so that they are not reliant on large American firms that by contract or court order allow United States intelligence agencies to delve into their data about phone and Internet usage. Europeans are demanding that any new trade accord include data-privacy protections that the United States is eager to avoid.

Almost never before has a spying scandal — in this case the revelation of the monitoring of the cellphone of Chancellor Angela Merkel of Germany — resulted in such a concrete, commercial backlash. Now it is also driving a debate inside the American government about whether the United States, which has long spied on allies even while nurturing them as partners, may have to change its approach.

“What’s more important?” Gen. Keith B. Alexander, the director of the N.S.A., asked during an interview last month, before the Merkel revelations. “Partnering with countries may be more important than collecting on them,” he said, especially when it comes to protecting against cyberthreats to the computer networks of the world’s largest economies. [Continue reading…]

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Sarah Harrison joins other Edward Snowden files ‘exiles’ in Berlin

The Guardian reports: Sarah Harrison, the British journalist and WikiLeaks staffer who has been working with Edward Snowden since his arrival in Moscow, has left Russia and joined the growing band of net activists stranded in Berlin.

A statement released on the WikiLeaks website, attributed to Harrison, states that she arrived in Germany on Saturday and has been advised by her lawyers that it is “not safe to return home” to the UK.

Harrison joins a growing group of journalists and activists who were involved in the publication of Snowden’s files and are now living in the German capital “in effective exile”, including Laura Poitras and Jacob Applebaum.

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NSA: our analogue spying laws must catch up with the digital era

Kenneth Roth writes: News that US intelligence services tapped the phones of allied leaders has generated understandable outrage in Europe. But far more significant is the American government’s practice of monitoring the communications of millions of ordinary people, who have no legal redress in the United States because they are foreigners.

Electronic surveillance has become easy. Authorities can reconstruct someone’s life with a simple request to their mobile phone provider, while the costs of storing and processing massive amounts of data have declined dramatically. We already live much of our lives through digital communications, and the trend will only accelerate, so we need swift reform, or the problems will escalate. The issue is not just our emails and mobile phones but also our calendars, address books and medical and banking records. Governments and corporations are increasingly able to track people’s location, associations and communications.

Existing legal frameworks were devised in an analogue age, when cross-border communication was rare and online communication and social media were unheard of. In that pre-internet age, surveillance techniques were labour-intensive and time-consuming, which helped to constrain arbitrary and abusive practices. The law has to catch up. [Continue reading…]

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How the NSA and GCHQ spied on OPEC

Der Spiegel reports: America’s NSA and Britain’s GCHQ are both spying on the OPEC oil cartel, documents from whistleblower Edward Snowden reveal. The security of the global energy supply is one of the most important issues for the intelligence agencies.

Documents disclosed by whistleblower Edward Snowden reveal that both America’s National Security Agency (NSA) and Britain’s Government Communications Headquarters (GCHQ) have infiltrated the computer network of the the Organization of the Petroleum Exporting Countries (OPEC).

In January 2008, the NSA department in charge of energy issues reported it had accomplished its mission. Intelligence information about individual petroleum-exporting countries had existed before then, but now the NSA had managed, for the first time, to infiltrate OPEC in its entirety.

OPEC, founded in 1960, has its headquarters in a box-like building in Vienna. Its main objective is to control the global oil market, and to keep prices high. The 12 member states include Saudi Arabia, Venezuela, Iran and Iraq.

When the NSA used the Internet to infiltrate OPEC’s computers, its analysts discovered an internal study in the OPEC Research Division. It stated that OPEC officials were trying to cast the blame for high oil prices on speculators. A look at files in the OPEC legal department revealed how the organization was preparing itself for an antitrust suit in the United States. And a review of the section reserved for the OPEC secretary general documented that the Saudis were using underhanded tactics, even within the organization. According to the NSA analysts, Riyadh had tried to keep an increase in oil production a secret for as long as possible. [Continue reading…]

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Cyber spying risks the future of the internet, says Eugene Kaspersky

The Sydney Morning Herald reports: Cyber espionage between nations has reached such damaging levels it risks not only the trust between friendly countries, but the future of the internet itself.

That is the view of Eugene Kaspersky, the ebullient chief executive of Russian security firm Kaspersky Labs, who is in Canberra this week to deliver the message to politicians and business leaders.

Speaking ahead of his speech to the National Press Club on Thursday, Mr Kaspersky told Fairfax Media he was “very surprised” and concerned about the extent of espionage currently undertaken by Western countries. He also warned Australia to invest in educating a new generation of security engineers to future-proof its critical systems.

“Cyber espionage is not new,” he said. “We knew that from years ago, but I did not expect it in such a huge scale and coming from so many different nations.”
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Mr Kaspersky said he feared governments would withdraw to their own parallel networks away from the prying eyes of others, and would cease investing in the development of the public internet, products and services.

“If governments and enterprises exit the public internet, there will be a lot less investment. If they emigrate to a separate zone, I’m afraid the internet will have a crisis”. [Continue reading…]

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A fraying of the public/private surveillance partnership

Bruce Schneier writes: The public/private surveillance partnership between the NSA and corporate data collectors is starting to fray. The reason is sunlight. The publicity resulting from the Snowden documents has made companies think twice before allowing the NSA access to their users’ and customers’ data.

Pre-Snowden, there was no downside to cooperating with the NSA. If the NSA asked you for copies of all your Internet traffic, or to put backdoors into your security software, you could assume that your cooperation would forever remain secret. To be fair, not every corporation cooperated willingly. Some fought in court. But it seems that a lot of them, telcos and backbone providers especially, were happy to give the NSA unfettered access to everything. Post-Snowden, this is changing. Now that many companies’ cooperation has become public, they’re facing a PR backlash from customers and users who are upset that their data is flowing to the NSA. And this is costing those companies business.

How much is unclear. In July, right after the PRISM revelations, the Cloud Security Alliance reported that US cloud companies could lose $35 billion over the next three years, mostly due to losses of foreign sales. Surely that number has increased as outrage over NSA spying continues to build in Europe and elsewhere. There is no similar report for software sales, although I have attended private meetings where several large US software companies complained about the loss of foreign sales. On the hardware side, IBM is losing business in China. The US telecom companies are also suffering: AT&T is losing business worldwide.

This is the new reality. The rules of secrecy are different, and companies have to assume that their responses to NSA data demands will become public. This means there is now a significant cost to cooperating, and a corresponding benefit to fighting. [Continue reading…]

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Firsthand accounts of how NSA surveillance chilled the right to association

The Electronic Frontier Foundation (EFF) has provided a federal judge with testimony from 22 separate advocacy organizations detailing how the National Security Agency’s (NSA) mass telephone records collection program has impeded the groups’ work, discouraged their members and reduced the numbers of people seeking their help via hotlines. The declarations accompanied a motion for partial summary judgment filed late Wednesday, in which EFF asks the court to declare the surveillance illegal on two levels — the law does not authorize the program, and the Constitution forbids it.

In First Unitarian Church of Los Angeles v. NSA, EFF represents a diverse array of environmentalists, gun-rights activists, religious groups, human-rights workers, drug-policy advocates and others that share one major commonality: they each depend on the First Amendment’s guarantee of free association. EFF argues that if the government vacuums up the records of every phone call — who made the call, who received the call, when and how long the parties spoke — then people will be afraid to join or engage with organizations that may have dissenting views on political issues of the day. The US government acknowledged the existence of the telephone records collection program this summer, after whistleblower Edward Snowden leaked a copy of a Foreign Intelligence Surveillance Court order authorizing the mass collection of Verizon telephone records.

“The plaintiffs, like countless other associations across the country, have suffered real and concrete harm because they have lost the ability to assure their constituents that the fact of their telephone communications between them will be kept confidential from the federal government,” EFF Senior Staff Attorney David Greene said. “This has caused constituents to reduce their calling. This is exactly the type of chilling effect on the freedom of association that the First Amendment forbids.” [Continue reading…]

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Feinstein’s NSA bill shows she doesn’t have a clue about intelligence reform

Michelle Richardson writes: Members of Congress have introduced almost 30 separate bills to rein in NSA spying, increase transparency, or rework the secret court process that has sanctioned these programs. Two pieces of legislation, however, have momentum, and they couldn’t be more different.

The Senate Select Committee on Intelligence – the body charged with oversight of these very programs – advanced legislation introduced by its chair, Senator Dianne Feinstein (Democrat from California), last week that would entrench the current spying programs and give them explicit Congressional authorization to continue.

The legislation would make clear in no uncertain terms that communication records like phone, email, and internet data can be collected without even an ounce of suspicion, pursuant to the so-called privacy rules already in place. Being silent on other types of data like location information or financial records, it passively condones their collection too, but without even the benefit of the paltry protections in place now. For the first time in history, Congress would explicitly and intentionally authorize dragnet domestic spying programs targeting every day Americans.

The Feinstein bill also makes the current situation even worse. It gives the government a 72-hour grace period to warrantlessly spy on foreigners who enter the US, without even the attorney general approval that is currently required in emergency situations. It explicitly states that none of its provisions should be read to prevent law enforcement from digging through massive NSA databases for evidence of criminal activity. By doing so, it authorizes that specific practice in a roundabout way. Finally, it sets up the prospect of all members of Congress accessing important court orders and other information, but then undercuts this requirement by endorsing current rules and practices that have been used to prevent members of the House from reading foundational documents that could inform the votes they must make on whether to continue these programs. [Continue reading…]

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A British subservience to government

Jonathan Freedland writes: Think of it as the ‘‘Skyfall’’ session. In a committee room of the House of Commons, the heads of the British secret services appeared on Thursday before a panel of M.P.’s in what might have been a re-enactment of that scene from the latest Bond movie — minus the shootout.

Even without gunfire, it was not short of drama. The mere sight of the heads of Britain’s domestic and foreign intelligence agencies, MI5 and MI6, along with the director of its listening post, G.C.H.Q., was spectacle enough. This was their first joint appearance in public, addressing a parliamentary intelligence and security committee whose hearings had, until now, always been held behind closed doors. (Indeed, little more than 20 years ago even the names of the intelligence chiefs were a state secret.)

That fact alone guaranteed coverage on the evening news. Which meant a rare focus on the topic that provided the session’s most electrifying moments: the Edward Snowden affair. Rare because the dominant British reaction to the revelations provided by Mr. Snowden, the former National Security Agency contractor, has been a shrug of indifference. The Guardian helped break the story — that the N.S.A. and G.C.H.Q. (Government Communications Headquarters) have engaged in mass surveillance of American and British citizens online — and has covered it intensely, but the rest of the British media have largely steered clear. In Parliament, a few maverick individuals have raised concerns about civil liberties and privacy. When others have mentioned the subject, it’s mostly been to accuse The Guardian of damaging national security, rather than to ask whether the intelligence agencies have gone too far.

What explains this reaction — so at odds with the response in the United States, where Congress is reviewing its oversight arrangements and where everyone from President Obama on down has acknowledged that a debate is necessary, if not overdue, and so at odds with, say, Germany, where memories of Stasi eavesdropping ensure revulsion at the notion of all-seeing surveillance? The answers say much about the current political landscape of Britain — and much of what lies beneath. [Continue reading…]

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Rep. Alan Grayson asks Eric Holder if U.S. citizen Glenn Greenwald will actually be allowed back into the US without arrest

TechDirt: It’s horrifying enough that this question needs to be asked, but Rep. Alan Grayson, who has been one of the most vocal members of Congress in calling out the NSA’s bad behavior has sent a letter to Attorney General Eric Holder, seeking assurance that if US citizen Glenn Greenwald were to come back into the US that he could do so without being arrested. Grayson notes that a variety of prominent people, both within and outside the government (but who have influence on the government) have called for Greenwald to be arrested and prosecuted.

Mr. Greenwald, a United States citizen currently living in Brazil, has been publicly attacked by Members of Congress such as Representative Peter King, who on multiple occasions has called for his arrest merely because of his reporting as a journalist on the NSA. The Chairs of the Senate and House Intelligence Committees, Senator Dianne Feinstein and Representative Mike Rogers, have appeared to echo this threat, as have prominent foreign-policy commentators such as Alan Dershowitz and Marc Thiessen.

He also highlights the infamous UK detention of Greenwald’s partner, David Miranda. And then asks the basic question of whether or not the US government will agree that Greenwald can enter his own country without arrest for the crime of “journalism the government doesn’t like.” [Continue reading…]

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