Michael Cohen writes: James Clapper is very worried. It’s not the first time.
Last week the man who serves as America’s Director of National Intelligence trudged up to Capitol Hill to tell the assembled members of the Senate Select Intelligence Committee (pdf) that the annual worldwide threat assessment, put together by the intelligence community, has filled him with dread. He told the room:
Looking back over my more than half a century in intelligence, I have not experienced a time when we have been beset by more crises and threats around the globe.
That is some scary stuff.
However, if you think you’ve heard this before from Clapper … well you have.
Last year he appeared before Congress for a similar purpose and, lo and behold, he was very, very concerned then too (pdf):
I will say that my almost 50 years in intelligence, I do not recall a period in which we confront a more diverse array of threats, crises and challenges around the world. This year’s threat assessment illustrates how dramatically the world and our threat environment are changing.
And here he was in 2012 testifying (pdf) on that year’s threat assessment report, “Never has there been, in my almost 49-year career in intelligence, a more complex and interdependent array of challenges than that we face today.”
Of course, one must consider the possibility that over the past five decades the world has never been as dangerous, complex and challenging as it’s been over the past three years (putting aside for a moment that whole “threat of nuclear holocaust” that defined much of the 60s, 70s and 80s.) If, however, you’re skeptical about this, well you have good reason because Clapper’s alarmist tone is hardly matched by the threats he cites. [Continue reading...]
Politico: A member of President Barack Obama’s hand-picked surveillance review group said Friday the White House was swayed by U.S. intelligence officials sympathetic to the National Security Agency and ultimately viewed the group’s findings “as a liberal report.”
University of Chicago law professor Geoffrey Stone said that, after receiving the surveillance group’s report, Obama spent a month meeting “with many of the same people we had met with at great length, members of the intelligence community, members of the intelligence committees from Congress largely on one side of the picture.”
“And instead of our report being truly understood as a middle ground, based upon taking into account all of those perspectives on both sides of the spectrum, I think the White House got moved by thinking of our report as a liberal report,” Stone said.
Stone, speaking during a panel discussion at the National Press Club in Washington, said intelligence officials were “pushing [Obama] and the White House generally more to what we can call the right.”
M.E. Bowman writes: Jonathan Jay Pollard liked to imagine his life was greater than it was. He told fanciful tales to peers while at Stanford in the 1970s, including that he was a Mossad officer and that he had once been captured and tortured by Arabs.
After graduation, he lied to superiors and friends about his exploits and his qualifications. By the mid-1980s, he had used his position as a civilian naval intelligence analyst to become an enthusiastic and willing spy for profit by passing state secrets to Israel.
The Department of Justice was prepared to file a variety of charges against him, but in a plea agreement all except the most serious were dropped. Mr. Pollard pleaded guilty to espionage in 1987.
At the time of his arrest and trial, I was the liaison officer for the Department of Defense to the Department of Justice, and the coordinator of an investigation into the damage Mr. Pollard’s treachery had done to the American intelligence community.
Every few years, there is an orchestrated attempt to forge popular support for Mr. Pollard’s release. It is now happening again. In addition to calls for clemency coming from across the Israeli political spectrum, Lawrence J. Korb, the assistant secretary of defense at the Pentagon at the time of Mr. Polland’s arrest, has said that his punishment was disproportionate to his offense. R. James Woolsey, a former director of central intelligence echoed that sentiment at a security conference in November. Last month, when Secretary of State John Kerry traveled to Israel, there was a rash of hopeful reports in the Israeli press that he was considering releasing Mr. Pollard in exchange for Israeli concessions.
Mr. Pollard’s apologists portray him as a sort of dual patriot: loyal to the United States, but also motivated to help Israel. In fact, he was primarily a venal and selfish person who sought to get rich. [Continue reading...]
The Los Angeles Times reports: After news reports that the National Security Agency had secretly monitored German Chancellor Angela Merkel’s cellphone calls, America’s top intelligence official was asked why congressional oversight committees were kept in the dark.
Shouldn’t Congress have been briefed, Rep. Adam B. Schiff (D-Burbank) asked James R. Clapper, the director of national intelligence, about a spying operation that would embarrass the U.S. government if exposed?
“Well, sir, there are many things we do in intelligence that, if revealed, would have the potential for all kinds of blowback,” Clapper replied at a House Intelligence Committee hearing in October. “The conduct of intelligence is premised on the notion that we can do it secretly, and we don’t count on it being revealed in the newspaper.”
Not these days. [Continue reading...]
Ryan Lizza writes: On March 12, 2013, James R. Clapper appeared before the Senate Select Committee on Intelligence to discuss the threats facing America. Clapper, who is seventy-two, is a retired Air Force general and Barack Obama’s director of National Intelligence, in charge of overseeing the National Security Agency, the Central Intelligence Agency, and fourteen other U.S. spy agencies. Clapper is bald, with a gray goatee and rimless spectacles, and his affect is intimidatingly bureaucratic. The fifteen-member Intelligence Committee was created in the nineteen-seventies, after a series of investigations revealed that the N.S.A. and the C.I.A. had, for years, been illegally spying on Americans. The panel’s mission is to conduct “vigilant legislative oversight” of the intelligence community, but more often it treats senior intelligence officials like matinée idols. As the senators took turns at the microphone, greeting Clapper with anodyne statements and inquiries, he obligingly led them on a tour of the dangers posed by homegrown extremists, far-flung terrorist groups, and emerging nuclear powers.
“This hearing is really a unique opportunity to inform the American public to the extent we can about the threats we face as a nation, and worldwide,” Dianne Feinstein, a California Democrat and the committee’s chairman, said at one point. She asked committee members to “refrain from asking questions here that have classified answers.” Saxby Chambliss, a Georgia Republican, asked about the lessons of the terrorist attack in Benghazi. Marco Rubio, a Florida Republican, asked about the dangers of Egypt’s Muslim Brotherhood.
Toward the end of the hearing, Feinstein turned to Senator Ron Wyden, of Oregon, also a Democrat, who had a final question. The two senators have been friends. Feinstein held a baby shower for Wyden and his wife, Nancy Bass, before the birth of twins, in 2007. But, since then, their increasingly divergent views on intelligence policy have strained the relationship. “This is an issue where we just have a difference of opinion,” Wyden told me. Feinstein often uses the committee to bolster the tools that spy agencies say they need to protect the country, and Wyden has been increasingly concerned about privacy rights. For almost a decade, he has been trying to force intelligence officials like Clapper to be more forthcoming about spy programs that gather information about Americans who have no connection to terrorism.
Wyden had an uneasy kind of vindication in June, three months after Clapper’s appearance, when Edward Snowden, a former contractor at the N.S.A., leaked pages and pages of classified N.S.A. documents. They showed that, for the past twelve years, the agency has been running programs that secretly collect detailed information about the phone and Internet usage of Americans. The programs have been plagued by compliance issues, and the legal arguments justifying the surveillance regime have been kept from view. Wyden has long been aware of the programs and of the agency’s appalling compliance record, and has tried everything short of disclosing classified information to warn the public. At the March panel, he looked down at Clapper as if he were about to eat a long-delayed meal. [Continue reading...]
The Center for Public Integrity: Most intelligence-related spending by the U.S. government is subject to independent scrutiny and monitoring by a small number of people — primarily, the 40 lawmakers assigned to the House and Senate intelligence committees, plus the roughly 100-member staffs of those two committees.
The lawmakers are meant to provide a key check on waste, fraud, abuse, and potential illegalities, since intelligence-related spending and activities are ordinarily well outside the public’s view.
According to a new report, however, every single one of those lawmakers has received campaign funds from twenty of the largest contractors providing intelligence services to the Defense Department, which accounted for a signficant portion of the nation’s overall $75.4 billion intelligence budget in 2012.
The total, election-related benefits for current intelligence committee members, including ex-officio members, provided by companies in the industry they directly oversee amount to at least $3.7 million from the companies’ PACs and employees since 2005, according to the report released Dec. 9 by Maplight.org, a nonpartisan group that investigates campaign finance issues.
When Ian Flemming created the fictional SPECTRE (SPecial Executive for Counter-intelligence, Terrorism, Revenge and Extortion), a terrorist organisation aimed at world domination, he chose a familiar icon — the octopus — long favored by those who want to evoke images of evil. Its tentacles represent strength, stealth, ugliness, vast reach, and ruthlessness.
For the National Reconnaissance Office (NRO), which chose a world-grasping octopus and the slogan “Nothing is Beyond Our Reach” to adorn its latest spy satellite that launched from California on Thursday, the octopus represents “a versatile, adaptable, and highly intelligent creature.”
That’s an accurate description of an octopus as a creature but not of an octopus as a symbol.
While the mission of NROL-39 is classified, it is believed to be a remnant of the Future Imagery Architecture, a program which was described in the New York Times in 2007 as “perhaps the most spectacular and expensive failure in the 50-year history of American spy satellite projects.”
In a recent interview with the BBC, Glenn Greenwald said:
The goal of the United States government and the UK government, its closest surveillance ally, is to eliminate all privacy globally, by which I mean, to make every form of electronic communication by and between all human beings, collected, stored, analyzed, and monitored by the U.S. and its four English-speaking Five Eyes partners in the surveillance world.
One can view NROL-39 and its choice of symbols as yet another example of this relentless drive towards global domination in surveillance that Greenwald describes, or, one can apply a bit of analysis in a more fruitful, realistic but perhaps less hyperbolic direction.
As news reports appeared showing the NRO’s poor choice of imagery, I expect that inside the Pentagon and across the intelligence community, there was no shortage of individuals who smacked their own foreheads as they wondered: who could be so clueless? U.S. intelligence already has a massive image problem. It just got worse.
As a defense establishment agency, I’m sure the NRO does not have an artist-in-residence who is given a free hand to design and deploy a spy satellite logo of their choice. On the contrary, like any other government bureaucracy, the NRO no doubt has a careful review process through which draft designs are viewed and approved or rejected. So it’s very unlikely that when NROL-39 blasted into orbit, the global dominating octopus on its side lacked any of the sign-offs in the stages of authorization required by the agency. In other words, government officials across multiple ranks of seniority saw the logo and said: “Looks good to me.”
What the octopus logo reveals says much less about the ability of the intelligence agencies to control the world than it says about the competence and judgement of the people in charge.
The NRO is run by Betty J. Sapp and she isn’t a rocket scientist — business management is supposedly her expertise.
When those aspects of an intelligence agency’s work that are on public display evince this level of cluelessness, there’s no reason to imagine that under a cloak of secrecy it operations are more efficient.
We probably have less reason to be worried about our freedoms being curtailed than we have reason to be angry about the vast waste of resources all incurred in the name of national security.
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...]
Rep. Alan Grayson writes: In the 1970s, Congressman Otis Pike of New York chaired a special congressional committee to investigate abuses by the American so-called “intelligence community” – the spies. After the investigation, Pike commented:
It took this investigation to convince me that I had always been told lies, to make me realize that I was tired of being told lies.
I’m tired of the spies telling lies, too.
Pike’s investigation initiated one of the first congressional oversight debates for the vast and hidden collective of espionage agencies, including the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA). Before the Pike Commission, Congress was kept in the dark about them – a tactic designed to thwart congressional deterrence of the sometimes illegal and often shocking activities carried out by the “intelligence community”. Today, we are seeing a repeat of this professional voyeurism by our nation’s spies, on an unprecedented and pervasive scale.
Recently, the US House of Representatives voted on an amendment – offered by Representatives Justin Amash and John Conyers – that would have curbed the NSA’s omnipresent and inescapable tactics. Despite furious lobbying by the intelligence industrial complex and its allies, and four hours of frantic and overwrought briefings by the NSA’s General Keith Alexander, 205 of 422 Representatives voted for the amendment.
Though the amendment barely failed, the vote signaled a clear message to the NSA: we do not trust you. [Continue reading...]
Having intelligence community leaders like Director of the National Security Agency Keith Alexander and Director of National Intelligence James Clapper as front-line defenders for the NSA turned out to be an ineffective strategy when both were exposed as liars. So, the NSA must now communicate indirectly, relying on journalists who are willing to function as mouthpieces for the agency.
Following the latest revelations about eavesdropping on the private communications of German Chancellor Angela Merkel and other foreign leaders, the Associated Press’s intelligence writer, Kimberly Dozier, offers explanations on how and why the NSA spies on U.S. allies. It’s unlikely that the answers she offers are a summation of her own deep knowledge of the way the NSA works. Much more likely, this is simply the summation of an NSA background briefing. Read this as a paraphrase of the NSA speaking for itself.
First off comes this claim: that “intercepting foreign diplomats’ or leaders’ communications, like the alleged eavesdropping on Merkel, as well as on Brazilian President Dilma Rousseff and former Mexican President Felipe Calderon” is spying that the NSA “is authorized to do”. The intended takeaway from that statement is: we didn’t break U.S. law. The question which this statement fudges, however, is whether the NSA was directed to carry out such surveillance.
Then we come to the basic question:
Q: Why bug the phone of an ally?
A: Even a close ally like Merkel doesn’t share everything with the Americans, but decisions she makes can have a major impact on U.S. foreign, defense and economic policy overseas. Merkel’s center-right Christian Democratic party just won an election, and she is in the process of wooing other German political parties to form a coalition government. The party she chooses could pull her political policies in a different direction, in terms of counterterrorism cooperation with the U.S., for instance, or perhaps the new coalition might chill Merkel’s support of the NATO mission in Afghanistan.
Say what?! The NSA needs to bug Merkel’s phone so that the U.S. can receive advance notice of the political makeup of the coalition she is forming? It can’t simply rely on conventional diplomatic and political channels of communication? That’s ridiculous — unless it’s meant to imply that the U.S. wants to covertly exercise some influence on the outcome of that political process.
I don’t actually believe that’s the implication because I don’t think anyone in Washington or at the NSA is crazy enough to imagine that the U.S. could successfully interfere in the domestic politics of its allies in this way.
There is a much simpler answer to this question and it’s offered by a career American official with long experience in Europe who spoke to the New York Times. Why bug the phone of an ally? Because you can.
The report notes: “Administration officials say the National Security Agency, in its push to build a global data-gathering network that can reach into any country, has rarely weighed the long-term political costs of some of its operations.”
By all appearances, the NSA is now in cry-baby mode and instead of acknowledging that it is suffering the effects of self-inflicted wounds, it wants to cast itself as victim. The Washington Post provides emotional support:
U.S. officials are alerting some foreign intelligence services that documents detailing their secret cooperation with the United States have been obtained by former National Security Agency contractor Edward Snowden, according to government officials.
Snowden, U.S. officials said, took tens of thousands of documents, some of which contain sensitive material about collection programs against adversaries such as Iran, Russia and China. Some refer to operations that in some cases involve countries not publicly allied with the United States.
The process of informing officials in capital after capital about the risk of disclosure is delicate. In some cases, one part of the cooperating government may know about the collaboration while others — such as the foreign ministry — may not, the officials said. The documents, if disclosed, could compromise operations, officials said.
The notifications come as the Obama administration is scrambling to placate allies after allegations that the NSA has spied on foreign leaders, including German Chancellor Angela Merkel. The reports have forced the administration to downplay operations targeting friends while also attempting to preserve other programs that depend on provisional partners. In either case, trust in the United States may be compromised.
“It is certainly a concern, just as much as the U.S. collection [against European allies] being put in the news, if not more, because not only does it mean we have the potential of losing collection, but also of harming relationships,” a congressional aide said.
The Office of the Director of National Intelligence is handling the job of informing the other intelligence services, the officials said. ODNI declined to comment.
In one case, for instance, the files contain information about a program run from a NATO country against Russia that provides valuable intelligence for the U.S. Air Force and Navy, said one U.S. official, who requested anonymity to discuss an ongoing criminal investigation. Snowden faces theft and espionage charges.
The narrative thrust here is that while the NSA is dealing with damage control, the cause of the damage was not the agency’s operations; it was Snowden’s revelations.
Instead of facing reality, the intelligence community would apparently now rather engage in a farcical exercise: present itself as victim of what it regards as the mischievous actions as a single man. The problem with this narrative (apart from the fact that it clearly misrepresents Edward Snowden’s actions) is that it actually underlines the inherent weakness of the bloated post 9/11 intelligence edifice: that is, that its weakness derives in large part from its sheer size.
As much as the actions of the NSA should be viewed in geopolitical terms, they should also be seen as the result of the beguiling power of technology. That is to say, when something is presented as being technically feasible — such as recording all the metadata associated with global communications — then that possibility becomes so alluring, that more fundamental questions get shunted to one side.
An obsession with accumulating more and more information turns into a maniacal desire. The expansion of the intelligence gathering process becomes a self-justifying, blindly funded enterprise which loses sight of basic questions about the value of the data, the means through which it can be productively analyzed, and the social and political implications of sanctioning perpetually expanding mass surveillance along with highly ill-advised targeted surveillance.
Elizabeth Goitein writes: It is no secret that the United States government has too many secrets. Long before Edward Snowden’s revelations about mass surveillance by the National Security Agency, experts and government insiders were raising alarms about “overclassification.” The Public Interest Declassification Board, an independent advisory committee created by Congress, reported in November 2012 that “present practices for classification and declassification of national security information are outmoded, unsustainable and keep too much information from the public.” Two weeks ago, the Department of Justice’s inspector general issued a review of the department’s classification practices, concluding that “DOJ is susceptible to misclassification.”
At least some of the secrecy tidal wave can be attributed to an explosion in the amount of information — of all kinds — that the government generates. Since the beginning of the modern classification system in 1940, officials have classified documents unnecessarily, whether by rote or to hide embarrassing information. In the era of typewriters and carbon copies, however, the amount of secret paperwork generated was comprehensible in scale. Today, any individual item of classified information may generate hundreds or even thousands of classified emails or intranet posts. When combined with the dramatic growth of the U.S. national security establishment, the data revolution has turned overclassification into a multi-petabyte problem. In fiscal year 2012 alone, there were more than 95 million decisions to classify information.
But the increase in secrecy is not simply quantitative; it is qualitative, too. The government has begun to advance bold new justifications for classifying information that threaten to erode the principled limits that have existed — in theory, if not always in practice — for decades. The cost of these efforts, if they remain unchecked, may be the American public’s ability to hold its government accountable. [Continue reading...]
In a report for the Committee to Protect Journalists, Leonard Downie Jr., former editor of the Washington Post, writes: In the Obama administration’s Washington, government officials are increasingly afraid to talk to the press. Those suspected of discussing with reporters anything that the government has classified as secret are subject to investigation, including lie-detector tests and scrutiny of their telephone and e-mail records. An “Insider Threat Program” being implemented in every government department requires all federal employees to help prevent unauthorized disclosures of information by monitoring the behavior of their colleagues.
Six government employees, plus two contractors including Edward Snowden, have been subjects of felony criminal prosecutions since 2009 under the 1917 Espionage Act, accused of leaking classified information to the press — compared with a total of three such prosecutions in all previous U.S. administrations. Still more criminal investigations into leaks are under way. Reporters’ phone logs and e-mails were secretly subpoenaed and seized by the Justice Department in two of the investigations, and a Fox News reporter was accused in an affidavit for one of those subpoenas of being “an aider, abettor and/or conspirator” of an indicted leak defendant, exposing him to possible prosecution for doing his job as a journalist. In another leak case, a New York Times reporter has been ordered to testify against a defendant or go to jail.
Compounding the concerns of journalists and the government officials they contact, news stories based on classified documents obtained from Snowden have revealed extensive surveillance of Americans’ telephone and e-mail traffic by the National Security Agency. Numerous Washington-based journalists told me that officials are reluctant to discuss even unclassified information with them because they fear that leak investigations and government surveillance make it more difficult for reporters to protect them as sources. “I worry now about calling somebody because the contact can be found out through a check of phone records or e-mails,” said veteran national security journalist R. Jeffrey Smith of the Center for Public Integrity, an influential nonprofit government accountability news organization in Washington. “It leaves a digital trail that makes it easier for the government to monitor those contacts,” he said.
“I think we have a real problem,” said New York Times national security reporter Scott Shane. “Most people are deterred by those leaks prosecutions. They’re scared to death. There’s a gray zone between classified and unclassified information, and most sources were in that gray zone. Sources are now afraid to enter that gray zone. It’s having a deterrent effect. If we consider aggressive press coverage of government activities being at the core of American democracy, this tips the balance heavily in favor of the government.”
At the same time, the journalists told me, designated administration spokesmen are often unresponsive or hostile to press inquiries, even when reporters have been sent to them by officials who won’t talk on their own. Despite President Barack Obama’s repeated promise that his administration would be the most open and transparent in American history, reporters and government transparency advocates said they are disappointed by its performance in improving access to the information they need.
“This is the most closed, control freak administration I’ve ever covered,” said David E. Sanger, veteran chief Washington correspondent of The New York Times.
The Obama administration has notably used social media, videos, and its own sophisticated websites to provide the public with administration-generated information about its activities, along with considerable government data useful for consumers and businesses. However, with some exceptions, such as putting the White House visitors’ logs on the whitehouse.gov website and selected declassified documents on the new U.S. Intelligence Community website, it discloses too little of the information most needed by the press and public to hold the administration accountable for its policies and actions. “Government should be transparent,” Obama stated on the White House website, as he has repeatedly in presidential directives. “Transparency promotes accountability and provides information for citizens about what their government is doing.”
But his administration’s actions have too often contradicted Obama’s stated intentions. “Instead,” New York Times public editor Margaret Sullivan wrote earlier this year, “it’s turning out to be the administration of unprecedented secrecy and unprecedented attacks on a free press.”
“President Obama had said that default should be disclosure,” Times reporter Shane told me. “The culture they’ve created is not one that favors disclosure.” [Continue reading...]