Category Archives: surveillance

The specter of global domination

spectreWhen 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.

nrolFor 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.”

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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.

octopus-domination

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Do antivirus companies whitelist NSA malware?

Mathew J. Schwartz writes: Dear antivirus vendors: Are you aiding and abetting National Security Agency (NSA) spying?

That’s the subject of an open letter, sent in October to leading antivirus vendors, from 25 different privacy information security experts and organizations. The letter asks the vendors to detail whether they’ve ever detected state-sponsored malware or received a government request to whitelist state-sponsored malware, and how they would respond to any such requests in the future.

The letter, sent from Dutch digital rights foundation Bits of Freedom, requested that the firms respond by November 15. “Please let us know if you feel that you cannot, or cannot fully, answer any of the above questions because of legal constraints imposed upon you by any government,” it said.

“Since we learned that the NSA has surreptitiously weakened Internet security so it could more easily eavesdrop, we’ve been wondering if it’s done anything to antivirus products,” letter signatory Bruce Schneier, chief security technology officer of BT, said in a blog post. “Given that it engages in offensive cyberattacks — and launches cyberweapons like Stuxnet and Flame — it’s reasonable to assume that it’s asked antivirus companies to ignore its malware. We know that antivirus companies have previously done this for corporate malware.”

As of two weeks ago, however, only six security vendors — ESET, F-Secure, Kaspersky Lab, Norman Shark, Panda, and Trend Micro — had responded to the request for information. [Continue reading…]

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NSA is tracking mobile phone location on so many people it can’t handle the data storage

Mike Masnick writes: We all know that Senators Ron Wyden and Mark Udall have been hinting strongly about the NSA tracking people’s location via mobile phone location data. Since the Snowden documents started getting reported on, Wyden especially had ramped up his hints that mobile phone location data still undisclosed would be the real shocker. Back in October, it was revealed that the NSA had done a “pilot program” in the US to track people’s locations via their mobile phones, but stopped the program and never used the data. In response to that, Senator Wyden hinted that there was much more to come:

“After years of stonewalling on whether the government has ever tracked or planned to track the location of law-abiding Americans through their cellphones, once again, the intelligence leadership has decided to leave most of the real story secret — even when the truth would not compromise national security,” Mr. Wyden said.

It would appear that “the real story secret” has started to come out via some new Snowden documents reported on in the Washington Post by Bart Gellman and Ashkan Soltani. Basically, while the NSA may not be spying on the location of Americans in the US via their mobile phones, they appear to be collecting location data of pretty much anyone all over the rest of the world to the tune of 5 billion records a day — so much info that the NSA was having trouble storing it all (now you know what some of the Bluffdale datacenter in Utah is for).

The NSA cannot know in advance which tiny fraction of 1 percent of the records it may need, so it collects and keeps as many as it can — 27 terabytes, by one account, or more than double the text content of the Library of Congress’s print collection.

The location programs have brought in such volumes of information, according to a May 2012 internal NSA briefing, that they are “outpacing our ability to ingest, process and store” data. In the ensuing year and a half, the NSA has been transitioning to a processing system that provided it with greater capacity.

The NSA defends the program by saying that it uses the location data to find “unknown associates of known intelligence targets.” Basically, it’s tracking where everyone goes, just in case people end up spending time with people the NSA deems as being terrorists. However, that also means that the NSA has an astounding amount of really personal data on where pretty much everyone goes outside of the US, including who they meet with. The ability to abuse that data should be rather obvious. From that data, you can not only determine private business meetings, but you can figure out what doctors people go to, if they’re cheating on their spouse, etc. And, given last week’s revelations that the NSA has no qualms (at all) about using data on non-terrorists to embarrass them for the sake of embarrassing them, it’s not difficult to see how the NSA might do the same over information gleaned from this vast trough of location information. [Continue reading…]

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NSA tracking cellphone locations worldwide

The Washington Post reports: The National Security Agency is gathering nearly 5 billion records a day on the whereabouts of cellphones around the world, according to top-secret documents and interviews with U.S. intelligence officials, enabling the agency to track the movements of individuals — and map their relationships — in ways that would have been previously unimaginable.

The records feed a vast database that stores information about the locations of at least hundreds of millions of devices, according to the officials and the documents, which were provided by former NSA contractor Edward Snowden. New projects created to analyze that data have provided the intelligence community with what amounts to a mass surveillance tool. [Continue reading…]

How the NSA is tracking people right now (infographic)

Andrea Peterson writes: In conversations with The Washington Post over Barton Gellman and Ashkan Soltani’s recent story on cellphone location tracking, an intelligence agency lawyer told Gellman, “obviously there is no Fourth Amendment expectation in communications metadata.” But some experts say it’s far from obvious that the 1979 Supreme Court case on which the administration bases this view gives the government unfettered power to scoop up Americans’ cellphone location data. [Continue reading…]

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Microsoft to encrypt data in its services in bid to prevent snooping

The Washington Post reports: Microsoft plans to encrypt data flowing through all of its communication, productivity and other services as it seeks to reassure users in the United States and beyond that it will guard their personal information from snooping governments, the company announced Wednesday night.

The encryption initiative, approved by company executives last week, comes as many of the nation’s top technology firms scramble to protect their reputations after months of revelations about how the National Security Agency and its foreign counterparts have siphoned off massive amounts of user information, including e-mails, video chats, address books and more.

“The goal is clear: We want to be sure that governments use legal processes rather than brute force to access user data,” Brad Smith, Microsoft’s general counsel, said in an interview. [Continue reading…]

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Edward Snowden revelations prompt UN investigation into surveillance

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

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

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

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Australian spy agency offered to share data about ordinary citizens

The Guardian reports: Australia’s surveillance agency offered to share information collected about ordinary Australian citizens with its major intelligence partners, according to a secret 2008 document leaked by the US whistleblower Edward Snowden.

The document shows the partners discussing whether or not to share “medical, legal or religious information”, and increases concern that the agency could be operating outside its legal mandate, according to the human rights lawyer Geoffrey Robertson QC.

The Australian intelligence agency, then known as the Defence Signals Directorate (DSD), indicated it could share bulk material without some of the privacy restraints imposed by other countries, such as Canada.

“DSD can share bulk, unselected, unminimised metadata as long as there is no intent to target an Australian national,” notes from an intelligence conference say. “Unintentional collection is not viewed as a significant issue.” [Continue reading…]

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

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

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

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

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Techies vs. NSA: Encryption arms race escalates

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

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

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

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Canada: How CSEC became an electronic spying giant

The Globe and Mail reports: It is known as “Camelot,” and it is believed to be among the most expensive government buildings Canada has ever built.

Next year, the analysts, hackers and linguists who form the heart of Communications Security Establishment Canada are expected to move from their crumbling old campus in Ottawa to a gleaming new, $1-billion headquarters.

It is the physical manifestation of just how far the agency has come since Sept. 11, 2001. Before those attacks, it was known as Canada’s other spy agency – an organization created to crack Communist codes more than seven decades ago, but rendered rudderless after the collapse of the Soviet Union. The agency’s biggest victory of the 1990s, insiders say, was its behind-the-scenes role in the seizure of a Spanish trawler during the Turbot Wars, a 1995 fishing dispute off the Grand Banks of Newfoundland.

But now, where it once focused on vacuuming up Russian radio signals from Arctic bases, its surveillance reach is global: Its leaders now speak of “mastering the Internet” from desktops in Ottawa. In 1999, it had a shrinking budget of $100-million a year and a staff of about 900. Today, CSEC (pronounced like “seasick” ever since “Canada” was appended to the CSE brand) has evolved into a different machine: a deeply complex, deep-pocketed spying juggernaut that has seen its budget balloon to almost half a billion dollars and its ranks rise to more than 2,100 staff.

Canadian taxpayers spent $300-million a year on the nation’s two intelligence agencies before the attacks of Sept. 11, but the bill for spying is now coming in at more than $1-billion. That’s because the Canadian Security Intelligence Service has also been bulked up into a $535-million-a-year agency, up from $180-million in 1999. [Continue reading…]

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

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

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

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

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

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

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

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

nsa-doc

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

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End the NSA dragnet now

Senators Ron Wyden, Mark Udall, and Martin Heinrich write: The framers of the Constitution declared that government officials had no power to seize the records of individual Americans without evidence of wrongdoing, and they embedded this principle in the Fourth Amendment. The bulk collection of Americans’ telephone records — so-called metadata — by the National Security Agency is, in our view, a clear case of a general warrant that violates the spirit of the framers’ intentions. This intrusive program was authorized under a secret legal process by the Foreign Intelligence Surveillance Court, so for years American citizens did not have the knowledge needed to challenge the infringement of their privacy rights.

Our first priority is to keep Americans safe from the threat of terrorism. If government agencies identify a suspected terrorist, they should absolutely go to the relevant phone companies to get that person’s phone records. But this can be done without collecting the records of millions of law-abiding Americans. We recall Benjamin Franklin’s famous admonition that those who would give up essential liberty in the pursuit of temporary safety will lose both and deserve neither.

The usefulness of the bulk collection program has been greatly exaggerated. We have yet to see any proof that it provides real, unique value in protecting national security. In spite of our repeated requests, the N.S.A. has not provided evidence of any instance when the agency used this program to review phone records that could not have been obtained using a regular court order or emergency authorization.

Despite this, the surveillance reform bill recently ratified by the Senate Intelligence Committee would explicitly permit the government to engage in dragnet collection as long as there were rules about when officials could look at these phone records. It would also give intelligence agencies wide latitude to conduct warrantless searches for Americans’ phone calls and emails.

This is not the true reform that poll after poll has shown the American people want. It is preserving business as usual. [Continue reading…]

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Surveillance goes on trial

An editorial in the New York Times says: There was a lot that was ordinary about the hearing in Courtroom 20B of the Manhattan federal courthouse on Friday morning: a team of lawyers at the plaintiff’s table, spectators in the gallery. What was extraordinary was the defendant, the United States government, and the lawsuit it is facing over the National Security Agency’s seven-year-old, once top-secret phone-surveillance program, which until this week it never had to defend in open court.

Until Edward Snowden, a disaffected N.S.A. contractor, came along and documented the stunning scope of the phone program — which vacuums up information about every call made in the United States every day for the purpose of identifying possible terror suspects — intelligence and law-enforcement officials were accustomed to operating in the friendlier confines of the Foreign Intelligence Surveillance Court.

That is not a court by any standard definition. A rotating slate of federal judges considers secret warrant applications from the government and issues secret opinions, without hearing any opposing argument. In 2012, the court approved 1,855 of 1,856 requests that came before it.

The environment on Friday was very different, as lawyers for the A.C.L.U. vigorously contested the legality of the phone-data sweep, and Federal District Judge William Pauley III expressed a proper skepticism of the government’s claim that the program raised no constitutional concerns. When a government lawyer argued that Congress twice reauthorized the Patriot Act section under which the phone program has been approved, Judge Pauley reminded him that several members of Congress have said publicly they were not made aware of what was in the program. Others have said they believe it is being abused.

The A.C.L.U., which filed its suit days after the revelation of the phone-data sweep, called the program a “vast dragnet” that violates both federal law and the Constitution. The fact that the government must show a higher level of suspicion before it can examine a specific call’s data is irrelevant, the group’s lawyers said. The collection of so much data on millions of innocent Americans is itself an unconstitutional search, they argued, and under the government’s theory, the power to collect even more is “absolutely without limit.”

In the wake of the Snowden disclosures and the ensuing public debate, the agency and the intelligence court have declassified some rulings and other documents in an attempt to justify the various surveillance programs. But far from providing comfort, the releases have only highlighted the dubious grounds on which the programs have been approved, and how often and how systematically the N.S.A. violates the court’s orders.

However Judge Pauley and the other federal judges facing similar litigation eventually rule, the most important reforms to the programs must come from Congress, which has the power to end or drastically curtail the bulk data collection and to strengthen oversight and transparency of an agency that needs much more of both.

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How the government can discover your health problems, political beliefs, and religious practices using just your metadata

Dahlia Lithwick and Steve Vladeck write: This week brought a new round of revelations about yet another National Security Agency surveillance program, this one created to hoover up details about how individual Americans use the Internet. The new disclosures were met by most observers with a fatalistic shrug. After all, we’ve quickly grown accustomed — or at least desensitized — to the fact that the government is looking at much of the information we voluntarily provide to others. And the material being collected in this case was only “metadata”: the details of when, where, and how we used the Internet — not what we actually read or wrote.

Should NSA sweeps of our “to” and “from” lines be fair game? How much can the government really learn about us without knowing what we’re saying in the text?

The legality of the “telephony metadata” program — the initiative revealed by Glenn Greenwald in the Guardian in June that showed the government collecting telephone records of Americans on a mass scale — will be considered by a federal district judge in Manhattan on Friday. According to the now disclosed orders of the secret Foreign Intelligence Surveillance Court, such “metadata” includes “the originating and terminating telephone number and the time and duration of any call.” It also includes information about the location of both parties to the call and the international mobile subscriber identity (IMSI) and international mobile station equipment identity (IMEI) numbers, which allow Uncle Sam to “identify the user or device that is making or receiving a call.” But because it doesn’t include the content of the phone calls, the story goes, there’s no invasion of our privacy. Nothing, therefore, to worry about?

As Professor Edward Felten, director of the Center for Information Technology Policy at Princeton University, explains in a declaration filed in that phone records case, our metadata in fact tells the government a lot more about us than we might realize, especially when different types of metadata are aggregated together. Consider calls to single-purpose hotlines: NSA collection of our metadata means the government knows when we’ve called a rape hotline, a domestic violence hotline, an addiction hotline, or a support line for gay teens. Hotlines for whistleblowers in every agency are fair game, as are police hotlines for “anonymous” reports of crimes. Charities that make it possible to text a donation to a particular cause (say, Planned Parenthood) or political candidate or super PAC could reveal an enormous amount about our political activities. And calling patterns can reveal our religious beliefs (no calls on Sabbath? Heaps of calls on Christmas?) or new medical conditions. If, for instance, the government knows that, within an hour, we called an HIV testing service, then our doctor, and then our health insurance company, they may not “know” what was discussed, but anyone with common sense — even a government official — could probably figure it out. [Continue reading…]

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The FBI files on being and nothingness

Andy Martin writes: I was leafing through some FBI files on French philosophers when a new candidate for occupancy of the populous Grassy Knoll in Dallas leapt out at me. To the massed ranks of the CIA, the Mafia, the KGB, Castro, Hoover, and LBJ, we can now add: Jean-Paul Sartre. FBI and State Department reports of the 1960s had drawn attention to Sartre’s membership of the Fair Play for Cuba Committee, of which Lee Harvey Oswald was also a member. And — prophetically? — Sartre had “dismissed the US as a headless nation.” Naturally I rushed around trying to work out exactly where Sartre might have been on 22nd November 1963. Could he, after all, have been the Second Shooter? Suddenly all the pieces started to fall into place.

But subsequent references in the main Oswald file showed that the FBI, although generally perturbed by the “Leftist tendencies” of Sartre, and his association with Communists, Castro, and Bertrand Russell, were specifically concerned that he was now — in addition to protesting against US involvement in Vietnam — threatening to “take an active part in the French Who Killed Kennedy Committee” (according to an article in the Washington Post of 14th June 1964). The FBI was wedded to the Lone Gunman theory. The emphasis of their interest in Sartre, then, was not on whether he had participated in any conspiracy, but rather that he was a believer in conspiracy theory and “supported the position that Oswald was not the true assassin of President Kennedy.”

The FBI had been keeping an eye on Sartre from as early as 1945. Soon after, they began to investigate his contemporary, Albert Camus. On 7th February, 1946, John Edgar Hoover, director of the FBI, wrote a letter to “Special Agent in Charge” at the New York field office, drawing his attention to one ALBERT CANUS, “reportedly the New York correspondent of Combat [who] has been filing inaccurate reports which are unfavorable to the public interest of this country.” Hoover gave orders “to conduct a preliminary investigation to ascertain his background, activities and affiliations in this country.” One of Hoover’s underlings had the guts to inform the director that “the subject’s true name is ALBERT CAMUS, not ALBERT CANUS” (diplomatically hypothesizing that “Canus” was probably an alias he had cunningly adopted).

The irony that emerges from the FBI files on Camus and Sartre, spanning several decades (and which, still partly redacted, I accessed thanks to the open-sesame of the Freedom of Information Act) is that the G-men, initially so anti-philosophical, find themselves reluctantly philosophizing. They become (in GK Chesterton’s phrase) philosophical policemen. [Continue reading…]

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Meet the spies doing the NSA’s dirty work

Shane Harris writes: With every fresh leak, the world learns more about the U.S. National Security Agency’s massive and controversial surveillance apparatus. Lost in the commotion has been the story of the NSA’s indispensable partner in its global spying operations: an obscure, clandestine unit of the Federal Bureau of Investigation that, even for a surveillance agency, keeps a low profile.

When the media and members of Congress say the NSA spies on Americans, what they really mean is that the FBI helps the NSA do it, providing a technical and legal infrastructure that permits the NSA, which by law collects foreign intelligence, to operate on U.S. soil. It’s the FBI, a domestic U.S. law enforcement agency, that collects digital information from at least nine American technology companies as part of the NSA’s Prism system. It was the FBI that petitioned the Foreign Intelligence Surveillance Court to order Verizon Business Network Services, one of the United States’ biggest telecom carriers for corporations, to hand over the call records of millions of its customers to the NSA.

But the FBI is no mere errand boy for the United States’ biggest intelligence agency. It carries out its own signals intelligence operations and is trying to collect huge amounts of email and Internet data from U.S. companies — an operation that the NSA once conducted, was reprimanded for, and says it abandoned.

The heart of the FBI’s signals intelligence activities is an obscure organization called the Data Intercept Technology Unit, or DITU (pronounced DEE-too). The handful of news articles that mentioned it prior to revelations of NSA surveillance this summer did so mostly in passing. It has barely been discussed in congressional testimony. An NSA PowerPoint presentation given to journalists by former NSA contractor Edward Snowden hints at DITU’s pivotal role in the NSA’s Prism system — it appears as a nondescript box on a flowchart showing how the NSA “task[s]” information to be collected, which is then gathered and delivered by the DITU. [Continue reading…]

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The quest to build an NSA-proof European cloud

The Atlantic reports: If Germany’s special parliamentary session on U.S. surveillance this week was any indication, European politicians are still worked up about former NSA contractor Edward Snowden’s leaks. Chancellor Angela Merkel declared that the revelations had “tested” U.S.-German relations. Green Party politician Hans-Christian Strobele urged the German leader to thank Snowden and offer him asylum for discovering that her cell phone “was probably bugged.” Merkel even got called a “scaredy-cat” for not standing up to Washington.

The criticism comes as politicians in the region — from Estonia to Germany — are calling for the European Union to create a cloud-computing infrastructure of its own to compete with American providers like Amazon, Google, and Verizon.

The idea is that if the EU has its own cloud — and what form it would take, who would build it, and where it would be based remain unclear — then member states could compel providers to abide by the EU’s (comparatively) stricter data-protection rules. It’s part of a backlash against the long arm of the U.S. intelligence community that has echoes everywhere from Brazil to the United Nations. [Continue reading…]

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