Category Archives: US government

Gov’t moves to keep NSA surveillance lawsuit away from Supreme Court

Ars Technica: Not long after widespread NSA phone surveillance was revealed by a series of leaks this summer, the Electronic Privacy Information Center, a privacy-oriented nonprofit, tried a bold and novel legal tactic: it appealed straight to the Supreme Court, asking for an immediate shutdown of the program.

The high court was the only place to turn, wrote EPIC, because it can’t go to Foreign Intelligence Surveillance Court (FISC), which actually authorized the orders. EPIC’s argument was straightforward: the FISC could only authorize NSA spying on foreigners, not Americans.

Now Solicitor General Donald Verrilli, who represents the Obama Administration at the Supreme Court, has advised the justices not to take the case. It’s not a surprising move. Just the publicity of a Supreme Court debate over NSA spying would be a giant headache for the administration; not to mention, the government obviously doesn’t want the program shut down.

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Did the U.S. make a mistake in seizing Anas al-Liby?

Jamie Dettmer reports: For Americans, he is a monster, a major al-Qaeda leader who had a hand in the 1998 U.S. embassy bombings in Kenya and Tanzania that killed more than 224 civilians and—until U.S. Special Forces snatched him off the streets of Tripoli last week—a veteran terrorist tasked with uniting jihadists not just in Libya but across the arc of North Africa.

Sitting down, though, with his wife of 22 years and three sons in their cramped apartment, on the elevated ground floor of a small apartment building in a middle-class district in the Libyan capital on Saturday evening, I heard a different story that didn’t fit the bogeyman portrait drawn by American officials.

And it is one that prompts the question: has the U.S. got the right man?

For his family, Abu Anas al-Liby, to use his nom de guerre, is an easy-going husband and kind, playful father who, just days before a Delta Force team grabbed and bundled the 49-year-old out of Libya, told his oldest son, Abdullah, that he was looking forward to becoming a grandfather.

For them, he is a Libyan patriot who sacrificed a great deal. His commitment to the ousting of Libya’s longtime dictator, Col. Muammar Gaddafi, required them all to suffer, including several years of imprisonment in poor conditions in Iran after the family fled Afghanistan. They say they endured harassment and surveillance in Britain, where they sought political asylum and lived from 1997 to 2000. [Continue reading…]

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DoJ: If we can track one American, we can track all Americans

Ars Technica reports: Seven months after his conviction, Basaaly Moalin’s defense attorney moved for a new trial (PDF), arguing that evidence collected about him under the government’s recently disclosed dragnet telephone surveillance program violated his constitutional and statutory rights. Moalin’s is the only thwarted “terrorist plot” against America that the government says also “critically” relied on the National Security Agency phone surveillance program, conducted under Section 215 of the Patriot Act.

The government’s response (PDF), filed on September 30th, is a heavily redacted opposition arguing that when law enforcement can monitor one person’s information without a warrant, it can monitor everyone’s information, “regardless of the collection’s expanse.” Notably, the government is also arguing that no one other than the company that provided the information — including the defendant in this case — has the right to challenge this disclosure in court.

The success of these arguments is critical to the government; the terrorist plot for which Moalin and three other defendants were convicted in February was sending about $8,500 to al-Shabaab, known most recently for the Kenyan Westgate mall attack. The money was sent in 2007 and 2008.

The United States government designated al-Shabaab — which means “The Youth” — a terrorist group in 2008, but the FBI’s extensive wiretapping of Moalin started about two months before that. FBI Deputy Director Sean Joyce recently revealed to Congress that the FBI had also conducted another investigation into Moalin’s activities in 2003 and ultimately concluded that there was “no nexus to terrorism.” This evidence was kept from the defense during trial. [Continue reading…]

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The core Internet institutions abandon the U.S. government

Internet Governance Project: In Montevideo, Uruguay this week, the Directors of all the major Internet organizations – ICANN, the Internet Engineering Task Force, the Internet Architecture Board, the World Wide Web Consortium, the Internet Society, all five of the regional Internet address registries – turned their back on the US government. With striking unanimity, the organizations that actually develop and administer Internet standards and resources initiated a break with 3 decades of U.S. dominance of Internet governance.

A statement released by this group called for “accelerating the globalization of ICANN and IANA functions, towards an environment in which all stakeholders, including all governments, participate on an equal footing.” That part of the statement constituted an explicit rejection of the US Commerce Department’s unilateral oversight of ICANN through the IANA contract. It also indirectly attacks the US unilateral approach to the Affirmation of Commitments, the pact between the US and ICANN which provides for periodic reviews of its activities by the GAC and other members of the ICANN community. (The Affirmation was conceived as an agreement between ICANN and the US exclusively – it would not have been difficult to allow other states to sign on as well.)

Underscoring the global significance and the determination of the group to have a global impact, the Montevideo statement was released in English, Spanish, French, Arabic, Russian and Chinese. In conversations with some of the participants of the Montevideo meeting, it became clear that they were thinking of new forms of multistakeholder oversight as a substitute for US oversight, although no detailed blueprint exists.

But that was only the beginning. A day after the Montevideo declaration, the President and CEO of ICANN, Fadi Chehadi – the man vetted by the US government to lead its keystone Internet governance institution – met with Brazilian President Dilma Rousseff. And at this meeting, Chehade engaged in some audacious private Internet diplomacy. He asked “the president [of Brazil] to elevate her leadership to a new level, to ensure that we can all get together around a new model of governance in which all are equal.” A press release from the Brazilian government said that President Rousseff wanted the event to be held in April 2014 in Rio de Janeiro. The President of ICANN thus not only allied himself with a political figure who has been intensely critical of the US government and the NSA spying program, he conspired with her to convene a global meeting to begin forging a new system of Internet governance that would move beyond the old world of US hegemony. [Continue reading…]

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Snowden may have been target of witch-hunt when he left CIA

Earlier this week, the New York Times reported that “The CIA suspected that Mr. Snowden was trying to break into classified computer files to which he was not authorized to have access, and decided to send him home, according to two senior American officials.”

The CIA disputes this account:

“The C.I.A did not file any report on Snowden indicating that it suspected he was trying to break into classified computer files to which he did not have authorized access while he was employed at the C.I.A., nor was he returned home from an overseas assignment because of such concerns,” Todd Ebitz, an agency spokesman, said in the statement.

In dispute is what Mr. Snowden did on his computer, and the agency’s response to it. The two officials cited by The Times said the C.I.A. suspected Mr. Snowden was trying to gain access to classified computer files he was not authorized to view. But other officials on Friday characterized the activity as much less serious, not involving potential security violations.

It was unclear why there was a divergence of opinion.

These officials on Friday also said that Mr. Snowden left the C.I.A. of his own volition. But had he remained with the agency in Geneva, they said, Mr. Snowden faced a potentially time-consuming and critical internal inquiry prompted by his supervisor’s report, an investigation that was halted once he quit the C.I.A. in 2009 to join the N.S.A. as a contract employee at a military facility in Japan.

The first report said:

While it is unclear what exactly the supervisor’s negative report said, it coincides with a period of Mr. Snowden’s life in 2009 when he was a prolific online commenter on government and security issues, complained about civil surveillance and, according to a friend, was suffering “a crisis of conscience.”

So, it’s not too hard to connect the dots: it looks like the target of the CIA’s concern was not Snowden’s actions, but rather, his beliefs.

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Patriot Act author prepares bill to put NSA bulk collection ‘out of business’

The Guardian reports: The conservative Republican who co-authored America’s Patriot Act is preparing to unveil bipartisan legislation that would dramatically curtail the domestic surveillance powers it gives to intelligence agencies.

Congressman Jim Sensenbrenner, who worked with president George W Bush to give more power to US intelligence agencies after the September 11 terrorist attacks, said the intelligence community had misused those powers by collecting telephone records on all Americans, and claimed it was time “to put their metadata program out of business”.

His imminent bill in the House of Representatives is expected to be matched by a similar proposal from Senate judiciary committee chair Patrick Leahy, a Democrat. It pulls together existing congressional efforts to reform the National Security Agency in the wake of disclosures by whistleblower Edward Snowden.

Sensenbrenner has called his bill the Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-Collection, and Online Monitoring Act – or USA Freedom Act, and a draft seen by the Guardian has four broad aims.

It seeks to limit the collection of phone records to known terrorist suspects; to end “secret laws” by making courts disclose surveillance policies; to create a special court advocate to represent privacy interests; and to allow companies to disclose how many requests for users’ information they receive from the USA. The bill also tightens up language governing overseas surveillance to remove a loophole which it has been abused to target internet and email activities of Americans. [Continue reading…]

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Beware of poison pill spying reform

At the ACLU, Robyn Greene writes: In the wake of revelations over the last few months about massive NSA surveillance programs that violate the privacy of millions of innocent Americans, members of the congressional Intelligence Committees have begun to draft legislation that they say will reform these authorities. There’s just one problem – unlike reform bills proposed by other members of Congress, the Intelligence Committees’ bills might do more to entrench domestic surveillance programs than rein them in.

At a Senate Intelligence Committee hearing last month, Sen. Dianne Feinstein (D-Calif.) described her proposals, and one thing is clear: they won’t fix anything. In fact, they may even make government surveillance worse. They include:

These changes would represent significant expansions of the NSA’s domestic surveillance authorities under Section 702 of the FISA Amendments Act, an already overly broad law that authorizes the suspicionless surveillance and collection of millions of Americans’ communications, including the contents of their emails. [Continue reading…]

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CIA warning on Snowden in 2009 went unheeded

The New York Times reports: Just as Edward J. Snowden was preparing to leave Geneva and a job as a C.I.A. technician in 2009, his supervisor wrote a derogatory report in his personnel file, noting a distinct change in the young man’s behavior and work habits, as well as a troubling suspicion.

The C.I.A. suspected that Mr. Snowden was trying to break into classified computer files to which he was not authorized to have access, and decided to send him home, according to two senior American officials.

But the red flags went unheeded. Mr. Snowden left the C.I.A. to become a contractor for the National Security Agency, and four years later he leaked thousands of classified documents. The supervisor’s cautionary note and the C.I.A.’s suspicions apparently were not forwarded to the N.S.A. or its contractors, and surfaced only after federal investigators began scrutinizing Mr. Snowden’s record once the documents began spilling out, intelligence and law enforcement officials said.

“It slipped through the cracks,” one veteran law enforcement official said of the report. [Continue reading…]

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The Obama administration and the press: Leak investigations and surveillance in post-9/11 America

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…]

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NSA reforms threatened by ‘business-as-usual brigade’, Ron Wyden warns

The Guardian reports: The Democratic senator leading congressional efforts to rein in the National Security Agency warned on Wednesday that senior intelligence and administration officials will attempt to block any meaningful change while publicly speaking the language of reform.

Ron Wyden, a member of the Senate intelligence committee, told a conference on the NSA and privacy at the Cato Institute in Washington that the reform campaign was at a pivotal moment, with the Senate and the House of Representatives to examine new surveillance legislation over the next few weeks.

But, Wyden said, the American public should not be fooled by what he called the “business-as-usual brigade” – made up of intelligence officials, their supporters in Congress, thinktanks and the media.

They will “try mightily to fog up the surveillance debate and convince Congress and the public that the real problem here is not overly intrusive, constitutionally flawed domestic surveillance, but sensationalistic media reporting”, Wyden said. “Their endgame is ensuring that any surveillance reforms are only skin deep.” [Continue reading…]

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Internet companies push for NSA data-request transparency

Time reports: The largest Internet companies in the U.S. are preparing for a showdown with the U.S. government over their campaign to be more transparent about national-security-data requests. Google, Microsoft, Facebook, Yahoo and LinkedIn have until Oct. 21 to file a brief with the Foreign Intelligence Surveillance Court (FISC) after the Department of Justice formally opposed their request to disclose statistics about the nature and scope of government requests made under the Foreign Intelligence Surveillance Act (FISA).

The impending FISC showdown comes as U.S. lawmakers are weighing two bills that would give the companies the right to publish basic statistics about the government’s national-security-data demands. Since the initial revelations about the National Security Agency’s (NSA) surveillance programs were published in June — thanks to documents leaked by former NSA contractor Edward Snowden — the tech titans have been waging a battle to be more transparent about such data requests in an effort to demonstrate that they are not serving as NSA stooges.

The companies have repeatedly argued that their inability to be more transparent with the public undermines user trust, which in turn could have adverse consequences for their businesses.

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Al-Shabaab target may explain U.S. secrecy over failed Somali raid

Simon Tsidall writes: Official US reluctance to identify the target of the failed Somali raid by Seal Team Six special forces commandos may stem from a wish not to further bolster the reputation of al-Shabaab’s shadowy leader, Ahmed Abdi Godane, also known as Mukhtar Abu Zubeyr.

The Islamist militia’s hardline emir emerged as Africa’s most wanted man after the 21 September Westgate mall attack in Nairobi that killed least 67 people, for which he claimed responsibility. His capture would have been portrayed as a triumph. By extension, his eluding of US-style justice will be seen as a serious setback. Pentagon officials will say only that the target of the dawn raid on the seaside town of Barawe, south of Mogadishu, was a “high-value” al-Shabaab terrorist linked to Westgate. Local sources said the Seals attacked a building housing foreign fighters, and that an unidentified Chechen fighter may have been their quarry.

But this is unlikely to be the whole story, given the elaborate preparations for the raid, which began soon after Westgate. The US navy Seals are the same crack unit that killed the al-Qaida leader, Osama bin Laden, two years ago in Pakistan. This time, too, Barack Obama was reportedly kept closely informed of the progress of the Somali plan, and of the almost simultaneous operation in Libya.

Given the political sensitivity, at home and in the Muslim world, that surrounds such US on-the-ground incursions, Obama will have personally given the go-ahead for both raids. His orders were reportedly to capture, if possible, rather than kill. [Continue reading…]

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Libya demands explanation for ‘kidnapping’ of citizen by U.S. forces

The Guardian reports: Libya has demanded an explanation for the “kidnapping” of one of its citizens by American special forces, hours after a separate US military raid on a terrorist target in Somalia ended in apparent failure and retreat.

In Tripoli the US army’s delta force seized alleged al-Qaida leader Nazih Abdul-Hamed al-Ruqai, known by his alias Abu Anas al-Liby and wanted for the 1998 bombings of the US embassies in Kenya and Tanzania that killed more than 220 people.

But US navy Seals suffered a major setback when they launched an amphibious assault to capture an Islamist militant leader said to be Ahmed Godane, described as Africa’s most wanted man and the architect of last month’s attack on the Westgate shopping mall in Kenya. The elite Seals were beaten back by heavy fire and apparently abandoned equipment that the Somali militants photographed and posted on the internet.

As dramatic details of Saturday’s twin operations emerged, US secretary of state John Kerry insisted that terrorists “can run but they can’t hide”, but faced growing questions about America’s military reach in Africa and the consequences of unilateral aggression.

Al-Liby was captured outside his family home at 6.15am in Noufle’een, a quiet suburb in eastern Tripoli, according to witnesses, but there were conflicting reports over who took him. His brother, Nabih, told the Associated Press that al-Liby was parking when a convoy of three vehicles encircled his car. Armed gunmen smashed the car’s window and seized al-Liby’s gun before grabbing him and taking him away, the report said. The brother said al-Liby’s wife saw the kidnapping from her window and described the abductors as foreign-looking armed “commandos”.

But al-Liby’s son Abdullah insisted that Libyan forces were involved. Appearing on Tripoli’s Nabir TV station, he said: “The people who took my father were Libyan, not Americans – they spoke with Tripoli accents. [Continue reading…]

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How the feds took down the Dread Pirate Roberts

Ars Technica reports: The Dread Pirate Roberts, head of the most brazen drug trafficking site in the world, was a walking contradiction. Though the government says he raked in $80 million in commissions from running Silk Road, he allegedly lived under a false name in one bedroom of a San Francisco home that he shared with two other guys and for which he paid $1,000 a month in cash. Though his alleged alter ego penned manifestos about ending “violence, coercion, and all forms of force,” the FBI claims that he tried to arrange a hit on someone who had blackmailed him. And though he ran a site widely assumed to be under investigation by some of the most powerful agencies in the US government, the Dread Pirate Robert appears to have been remarkably sloppy — so sloppy that the government finally put a name to the peg leg: Ross William Ulbricht.

Yesterday, Ulbricht left his apartment to visit the Glen Park branch of the San Francisco Public Library in the southern part of the city. Library staff did not recognize him as a regular library patron, but they thought nothing of his visit as he set up his laptop in the science fiction section of the stacks. Then, at 3:15pm, staffers heard a “crashing sound” from the sci-fi collection and went to investigate, worried that a patron had fallen. Instead, library Communications Director Michelle Jeffers tells us that the staff came upon “six to eight” FBI agents arresting Ulbricht and seizing his laptop. The agents had tailed him, waiting for the 29-year-old to open his computer and enter his passwords before swooping in. They marched him out of the library without incident.

For a promising young physics student from Austin, Texas, this wasn’t how things were supposed to turn out.

Sure, you could buy meth, LSD, cannabis, heroin, and MDMA on the Silk Road, but the hidden website wasn’t (just) about drugs. Silk Road was, said its owner, about freedom. In January 2012, as part of a “State of the Road Address” posted in the site’s discussion forum, the Dread Pirate Roberts explained the site’s goal: “To grow into a force to be reckoned with that can challenge the powers that be and at last give people the option to choose freedom over tyranny.”

To that end, the Dread Pirate Roberts built the Silk Road marketplace in 2011 as a “hidden” service accessible only over the encrypted Tor network. To connect, users first had to install a Tor client and then visit a series of arcane site names (the most recent was silkroadfb5piz3r.onion), but the reward was a simple, effective marketplace to buy drugs from sellers all over the world using such Internet commerce staples as escrow accounts and buyer feedback. [Continue reading…]

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CIA ramps up rebel training program designed to prolong war in Syria

The Washington Post reports: The CIA is expanding a clandestine effort to train opposition fighters in Syria amid concern that moderate, U.S.-backed militias are rapidly losing ground in the country’s civil war, U.S. officials said.

But the CIA program is so minuscule that it is expected to produce only a few hundred trained fighters each month even after it is enlarged, a level that officials said will do little to bolster rebel forces that are being eclipsed by radical Islamists in the fight against the government of Syrian President Bashar al-Assad.

The CIA’s mission, officials said, has been defined by the White House’s desire to seek a political settlement, a scenario that relies on an eventual stalemate among the warring factions rather than a clear victor. As a result, officials said, limits on the agency’s authorities enable it to provide enough support to help ensure that politically moderate, U.S.-supported militias don’t lose but not enough for them to win.

The officials, who spoke on the condition of anonymity to discuss intelligence matters, said the agency has sent additional paramilitary teams to secret bases in Jordan in recent weeks in a push to double the number of rebel fighters getting CIA instruction and weapons before being sent back to Syria.

The agency has trained fewer than 1,000 rebel fighters this year, current and former U.S. officials said. By contrast, U.S. intelligence analysts estimate that more than 20,000 have been trained to fight for government-backed militias by Assad’s ally Iran and the Hezbollah militant network it sponsors. [Continue reading…]

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NSA admits grossly exaggerating effectiveness of mass surveillance in thwarting terrorism

The Washington Times reports: The Obama administration’s credibility on intelligence suffered another blow Wednesday as the chief of the National Security Agency admitted that officials put out numbers that vastly overstated the counterterrorism successes of the government’s warrantless bulk collection of all Americans’ phone records.

Pressed by the Democratic chairman of the Senate Judiciary Committee at an oversight hearing, Gen. Keith B. Alexander admitted that the number of terrorist plots foiled by the NSA’s huge database of every phone call made in or to America was only one or perhaps two — far smaller than the 54 originally claimed by the administration.

Gen. Alexander and other intelligence chiefs have pleaded with lawmakers not to shut down the bulk collection of U.S. phone records despite growing unease about government overreach in the program, which was revealed in documents leaked by former NSA contractor Edward Snowden.

“There is no evidence that [bulk] phone records collection helped to thwart dozens or even several terrorist plots,” Sen. Patrick J. Leahy, Vermont Democrat and committee chairman, told Gen. Alexander of the 54 cases that administration officials — including the general himself — have cited as the fruit of the NSA’s domestic snooping.

“These weren’t all plots and they weren’t all foiled,” he said.

Mr. Leahy and Rep. F. James Sensenbrenner Jr., Wisconsin Republican and author of the USA Patriot Act, which the government says allows bulk data collection, are working on a bill to roll back that authority.

In a summary they floated to colleagues Wednesday, the men said they would end bulk collection and require the NSA to show that the data it is seeking are relevant to an authorized investigation and involve a foreign agent.

The two lawmakers also proposed a special advocacy office with appellate powers to be part of the proceedings in the secret Foreign Intelligence Surveillance Court, and requiring the court to release secret opinions that lay out major interpretations of law.

Mr. Leahy, who has been a chief critic of the NSA, asked Gen. Alexander to admit that only 13 of the 54 cases had any connection at all to the U.S., “Would you agree with that, yes or no?”

“Yes,” Gen. Alexander replied in a departure from normal practice.

Administration officials giving testimony to Congress, even when asked to confine themselves to a simple yes or no, rarely do.

In response to a follow-up question, Gen. Alexander also acknowledged that only one or perhaps two of even those 13 cases had been foiled with help from the NSA’s vast phone records database. [Continue reading…]

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NSA had test project to collect data on Americans’ cellphone locations, director says

The Washington Post reports: The National Security Agency began a test project in 2010 to collect data on ordinary Americans’ cellphone locations, but later discontinued it because it had no “operational value,” the agency’s director said Wednesday.

In response to questioning at a Senate hearing, Gen. Keith Alexander said that the secret effort ended in 2011 and that the data collected were never available for intelligence analysis purposes.

“This may be something that is a future requirement for the country, but it is not right now,” given that the FBI is able to gather the location of suspects’ cellphones by obtaining warrants from a court, Alexander told the Senate Judiciary Committee.

The disclosure came just a week after Alexander declined to answer whether the NSA had ever sought the authority to obtain such data. But Sen. Ron Wyden (D-Ore.), an Intelligence Committee member who has been pressing this issue for at least two years, suggested Wednesday that officials were still withholding significant information.

“After years of stonewalling on whether the government has ever tracked or planned to track the location of law abiding Americans through their cell phones, once again, the intelligence leadership has decided to leave most of the real story secret — even when the truth would not compromise national security,” Wyden said in a statement. [Continue reading…]

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Edward Snowden’s e-mail provider defied FBI demands to turn over crypto keys, documents show

Wired reports: The U.S. government in July obtained a search warrant demanding that Edward Snowden’s e-mail provider, Lavabit, turn over the private SSL keys that protected all web traffic to the site, according to to newly unsealed documents.

The July 16 order came after Texas-based Lavabit refused to circumvent its own security systems to comply with earlier orders intended to monitor a particular Lavabit user’s metadata, defined as “information about each communication sent or received by the account, including the date and time of the communication, the method of communication, and the source and destination of the communication.”

The name of the target is redacted from the unsealed records, but the offenses under investigation are listed as violations of the Espionage Act and theft of government property — the exact charges that have been filed against NSA whistleblower Snowden in the same Virginia court.

The records in the case, which is now being argued at the 4th U.S. Circuit Court of Appeals, were unsealed today by a federal judge in Alexandria, Virginia. They confirm much of what had been suspected about the conflict between the pro-privacy e-mail company and the federal government, which led to Lavabit voluntarily closing in August rather than compromise the security it promised users. [Continue reading…]

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