Category Archives: surveillance

U.S. and U.K. struck secret deal to allow NSA to ‘unmask’ Britons’ personal data

The Guardian reports: The phone, internet and email records of UK citizens not suspected of any wrongdoing have been analysed and stored by America’s National Security Agency under a secret deal that was approved by British intelligence officials, according to documents from the whistleblower Edward Snowden.

In the first explicit confirmation that UK citizens have been caught up in US mass surveillance programs, an NSA memo describes how in 2007 an agreement was reached that allowed the agency to “unmask” and hold on to personal data about Britons that had previously been off limits.

The memo, published in a joint investigation by the Guardian and Britain’s Channel 4 News, says the material is being put in databases where it can be made available to other members of the US intelligence and military community.

Britain and the US are the main two partners in the ‘Five-Eyes’ intelligence-sharing alliance, which also includes Australia, New Zealand and Canada. Until now, it had been generally understood that the citizens of each country were protected from surveillance by any of the others. [Continue reading…]

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Private firms selling mass surveillance systems around world, documents show

The Guardian reports: Private firms are selling spying tools and mass surveillance technologies to developing countries with promises that “off the shelf” equipment will allow them to snoop on millions of emails, text messages and phone calls, according to a cache of documents published on Monday.

The papers show how firms, including dozens from Britain, tout the capabilities at private trade fairs aimed at offering nations in Africa, Asia and the Middle East the kind of powerful capabilities that are usually associated with government agencies such as GCHQ and its US counterpart, the National Security Agency.

The market has raised concerns among human rights groups and ministers, who are poised to announce new rules about the sale of such equipment from Britain.

“The government agrees that further regulation is necessary,” a spokesman for the Department for Business, Innovation and Skills said. “These products have legitimate uses … but we recognise that they may also be used to conduct espionage.”

The documents are included in an online database compiled by the research watchdog Privacy International, which has spent four years gathering 1,203 brochures and sales pitches used at conventions in Dubai, Prague, Brasilia, Washington, Kuala Lumpur, Paris and London. Analysts posed as potential buyers to gain access to the private fairs.

The database, called the Surveillance Industry Index, shows how firms from the UK, Israel, Germany, France and the US offer governments a range of systems that allow them to secretly hack into internet cables carrying email and phone traffic. [Continue reading…]

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Supreme Court rejects case challenging NSA phone spying

Wired reports: The Supreme Court today rejected a challenge to the National Security Agency’s once-secret telephone metadata spying program.

The justices, without comment, declined to entertain a challenge from the Electronic Privacy Information Center seeking to halt the program that was disclosed in June by NSA leaker Edward Snowden.

The court’s inaction means that the there isn’t likely to be any court resolution to constitutional challenges to the metadata program for years. Legislation, however, is pending to gut the program.

What’s more, several cases challenging the snooping are pending in federal courts across the country. EPIC’s petition was unusual in that it went directly to the Supreme Court without first being litigated in the lower courts.

The Washington, D.C. based non-profit privacy group went straight to the justices after Snowden’s leak because of the gravity of the phone spying, which includes telephone companies having to provide the NSA the phone numbers of both parties involved in all calls, the International Mobile Subscriber Identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. [Continue reading…]

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GCHQ monitors hotel reservations to track diplomats

Der Spiegel reports: Britain’s GCHQ intelligence service monitors diplomats’ travels using a sophisticated automated system that tracks hotel bookings. Once a room has been identified, it opens the door to a variety of spying options.

When diplomats travel to international summits, consultations and negotiations on behalf of governments, they generally tend to spend the night at high-end hotels. When they check-in, in addition to a comfortable room, they sometimes get a very unique form of room service that they did not order: a thorough monitoring by the British Government Communications Headquarters, or GCHQ in short.

Intelligence service documents from the archive of NSA whistleblower Edward Snowden show that, for more than three years, GCHQ has had a system to automatically monitor hotel bookings of at least 350 upscale hotels around the world in order to target, search and analyze reservations to detect diplomats and government officials.

The top secret program carries the codename “Royal Concierge,” and has a logo showing a penguin wearing a crown, a purple cape and holding a wand. The penguin is apparently meant to symbolize the black and white uniform worn by staff at luxury hotels. [Continue reading…]

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Feinstein promotes bill to strengthen NSA’s hand on warrantless searches

The Guardian reports: A Senate bill promoted as a surveillance reform would codify the ability of the National Security Agency to search its troves of foreign phone and email communications for Americans’ information, and permit law enforcement agencies to search the vast databases as well.

The Fisa Improvements Act, promoted by Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, would both make permanent a loophole permitting the NSA to search for Americans’ identifying information without a warrant – and, civil libertarians fear, contains an ambiguity that might allow the FBI, the DEA and other law enforcement agencies to do the same thing.

“For the first time, the statute would explicitly allow the government to proactively search through the NSA data troves of information without a warrant,” said Michelle Richardson, the surveillance lobbyist for the ACLU.

“It may also expand current practices by allowing law enforcement to directly access US person information that was nominally collected for foreign intelligence purposes. This fourth amendment back door needs to be closed, not written into stone.” [Continue reading…]

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National Security State: FBI and DHS warn Congress about the domestic threat

The Washington Post reports: FBI Director James B. Comey testified Thursday that the risk of cyberattacks is likely to exceed the danger posed by al-Qaeda and other terrorist networks as the top national security threat to the United States and will become the dominant focus of law enforcement and intelligence services.

Appearing before the Senate Homeland Security Committee, Comey said he expected Internet-related attacks, espionage and theft to emerge as the most consuming security issue for the United States by the end of his 10-year FBI term.

“We have connected all of our lives — personal, professional and national — to the Internet,” Comey said. “That’s where the bad guys will go because that’s where our lives are, our money, our secrets.”

The warning underscored the growing sense of alarm among officials in Washington over the nation’s vulnerability to online attacks as well as the diminished ability of al-Qaeda to mount plots against the United States after more than a decade of CIA drone strikes and other counterterrorism operations.

Rand Beers, the acting homeland security secretary, said his agency is working with European allies to identify and track militants from Western nations who may travel to Syria and then seek to return.

Despite that potential danger, officials said that the main terrorist threat inside the United States is that U.S. citizens or residents could adopt militant ideologies and develop plans for domestic attacks without communicating with terrorist networks or traveling overseas.

Tamerlan and Dzhokhar Tsarnaev, ethnic Chechen brothers accused of carrying out the bombings at the Boston Marathon this year, had “no formal or direct ties to al-Qaeda” but had embraced aspects of the terrorist group’s ideology, Olsen said. He added that cooperation with Russian intelligence services has improved since the Boston attacks.

The officials said counterterrorism efforts had been damaged by leaks of U.S. intelligence operations by former National Security Agency contractor Edward Snowden, and they warned of the impact of the budget cuts known as sequestration. Comey said the FBI is in the process of eliminating 3,500 positions because of budget pressures.

Despite concern about “homegrown extremists,” Comey said that he had concluded after just two months on the job that cyberthreats are likely to be more worrisome in the long term.

“That is why we anticipate that in the future, resources devoted to cyber-based threats will equal or even eclipse the resources devoted to non-cyber-based terrorist threats,” Comey said.

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CIA collecting data on international money transfers, officials say

The New York Times reports: The Central Intelligence Agency is secretly collecting bulk records of international money transfers handled by companies like Western Union — including transactions into and out of the United States — under the same law that the National Security Agency uses for its huge database of Americans’ phone records, according to current and former government officials.

The C.I.A. financial records program, which the officials said was authorized by provisions in the Patriot Act and overseen by the Foreign Intelligence Surveillance Court, offers evidence that the extent of government data collection programs is not fully known and that the national debate over privacy and security may be incomplete.

Some details of the C.I.A. program were not clear. But it was confirmed by several current and former officials, who spoke on the condition of anonymity because the matter is classified.

The data does not include purely domestic transfers or bank-to-bank transactions, several officials said. Another, while not acknowledging the program, suggested that the surveillance court had imposed rules withholding the identities of any Americans from the data the C.I.A. sees, requiring a tie to a terrorist organization before a search may be run, and mandating that the data be discarded after a certain number of years. The court has imposed several similar rules on the N.S.A. call logs program.

Several officials also said more than one other bulk collection program has yet to come to light.

“The intelligence community collects bulk data in a number of different ways under multiple authorities,” one intelligence official said. [Continue reading…]

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

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

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

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

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

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British press freedom under threat

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

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

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

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

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

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

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Police tried to spy on Cambridge University students, secret footage shows

The Guardian reports: Police sought to launch a secret operation to spy on the political activities of students at Cambridge University, a covertly recorded film reveals.

An officer monitoring political campaigners attempted to persuade an activist in his 20s to become an informant and feed him information about students and other protesters in return for money.

But instead the activist wore a hidden camera to record a meeting with the officer and expose the surveillance of undergraduates and others at the 800-year-old institution.

The officer, who is part of a covert unit, is filmed saying the police need informants like him to collect information about student protests as it is “impossible” to infiltrate their own officers into the university.

The Guardian is not disclosing the name of the Cambridgeshire officer and will call him Peter Smith. He asks the man who he is trying to recruit to target “student-union type stuff” and says that would be of interest because “the things they discuss can have an impact on community issues”. [Continue reading…]

Hugh Muir writes: The specifics of the Cambridge case will shock, but there is a now familiar narrative of how the secret snoopy state seeks to monitor the legitimate activity of those who might ask questions of it. This appears to be activity undertaken with little or no public consent or oversight. How much of this is going on? What are the guidelines? Are they adhered to by forces up and down the country? Is there central control? Who controls the information and how long is it kept? No doubt the Association of Chief Police Officers has rules but what do you know of the legislative framework? Who keeps the practice honest and ensures that the objective is the maintenance of law and order rather than the policing of irksome ideology? This week we learned of Green party London Assembly member Jenny Jones being monitored by Scotland Yard for attending legitimate left-leaning protest events. Are others so targeted? We don’t know. We should.

But this is also another example of the attempt by those in power to enlist citizens as agents of the state. In universities up and down the country there has been a considerable effort to cultivate assets capable of monitoring young Muslim students considered at risk of radicalisation. The government’s Prevent programme, and its deradicalisation arm Channel, has drawn on the university establishments themselves: lecturers and bureaucrats as surveillance assets. The result is predictable. Yesterday Ratna Lachman, director of the human rights group Just West Yorkshire, told a Society for Educational Studies seminar of fears that some universities have become “Islamophobic spaces” for those who now regard them as “extensions of the security arm of the state”.

The government orders landlords to report illegal immigrants; property owners as surveillance assets. GPs to check the legal status of those they might treat; medical staff as surveillance assets. As the state shrinks in size, as the prime minister says it will, it needs an army of narks to engage in surveillance and policing in a different sphere. Maybe that’s part of his big society. [Continue reading…]

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

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

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

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

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

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

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

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

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

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NSA practices could inspire a global boom in intrusive surveillance

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

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

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

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

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

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

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

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

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

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Al Gore: Snowden ‘revealed evidence’ of crimes against U.S. constitution

The Guardian reports: Former US vice-president Al Gore has described the activities of the National Security Agency as “outrageous” and “completely unacceptable” and said whistleblower Edward Snowden has “revealed evidence” of crimes against the US constitution.

Gore, speaking Tuesday night at McGill University in Montreal, said he was in favour of using surveillance to ensure national security, but Snowden’s revelations showed that those measures had gone too far.

“I say that as someone who was a member of the National Security Council working in the White House and getting daily briefings from the CIA,” Gore said, in comments reported by the Canadian Press.

Gore had previously said he believed the practice of the NSA collecting US citizens phone records was unlawful and “not really the American way”, but his comments on Tuesday represent his strongest criticism yet. [Continue reading…]

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CIA is said to pay AT&T for call data

The New York Times reports: The C.I.A. is paying AT&T more than $10 million a year to assist with overseas counterterrorism investigations by exploiting the company’s vast database of phone records, which includes Americans’ international calls, according to government officials.

The cooperation is conducted under a voluntary contract, not under subpoenas or court orders compelling the company to participate, according to the officials. The C.I.A. supplies phone numbers of overseas terrorism suspects, and AT&T searches its database and provides records of calls that may help identify foreign associates, the officials said. The company has a huge archive of data on phone calls, both foreign and domestic, that were handled by its network equipment, not just those of its own customers.

The program adds a new dimension to the debate over government spying and the privacy of communications records, which has been focused on National Security Agency programs in recent months. The disclosure sheds further light on the ties between intelligence officials and communications service providers. And it shows how agencies beyond the N.S.A. use metadata — logs of the date, duration and phone numbers involved in a call, but not the content — to analyze links between people through programs regulated by an inconsistent patchwork of legal standards, procedures and oversight. [Continue reading…]

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Why the NSA’s ‘we keep you safe from terrorists’ rationale is bogus

Micah Zenko writes: When National Security Agency (NSA) contractor Edward Snowden first revealed himself in a video interview five months ago as the source of leaked documents exposing the NSA’s collection of phone and data records of U.S. citizens, he noted: “The greatest fear that I have regarding the outcome for America of these disclosures is that nothing will change.”

Despite the rapid pace of the NSA revelations, the subsequent claims and counterclaims of U.S. officials (and the fact that nobody possesses the policy, technical, operational, and legal background required to accurately characterize these stories and place them within a proper historical and global context), there’s still one thing that can no longer be denied: The Snowden-supplied documents have instigated a global conversation about U.S. surveillance that will undoubtedly result in changes to the scope and conduct of certain NSA programs. And in fact, it’s happening already.

Within the last week alone we have learned that the Obama administration authorized an internal review that brought to light the existence of a program used to spy on numerous world leaders, including German Chancellor Angela Merkel. (This investigation complements an independent review of U.S. surveillance efforts conducted by former officials and experts, which will present its findings by year’s end.) Even the staunch defender of the NSA, Senate Select Committee on Intelligence chair Sen. Dianne Feinstein, announced: “the committee will initiate a major review into all intelligence collection programs.” Secretary of State John Kerry admitted that U.S. electronic surveillance was “on an automatic pilot because the technology is there,” and “in some cases, it has reached too far inappropriately.” And for the first time since the Snowden leaks, White House spokesperson Jay Carney acknowledged the agency’s overreach saying, “We recognize that there need to be additional constraints on how we gather and use intelligence.”

Yet, Snowden’s most meaningful and enduring impact will not be prompting U.S. electronic surveillance policy reform. Rather, what these five post-Snowden months have demonstrated is that inflating terrorist threats to justify expansive and invasive executive branch powers no longer resonates with the general public or most policymakers. That default appeal to 9/11 and vague warnings of terrorism that Bush and Obama administration officials relied upon to shape opinions and silence critics is no longer sufficient or acceptable.

Still, intelligence officials continue to defend the NSA as just another federal agency dedicated solely to protecting American citizens from terrorism. In his opening testimony before the House Permanent Intelligence Committee last week, NSA Director Gen. Keith Alexander re-used this same old trope:

“First, how did we get here? How did we end up here? 9/11 — 2,996 people were killed in 9/11. We all distinctly remember that. What I remember the most was those firemen running up the stairs to save people, to there themselves lose their lives. We had this great picture that was created afterward of a fireman handing a flag off to the military, and I’d say the intelligence community, and the military and the intelligence community said: ‘We’ve got it from here.'”

Sorry, Keith: the NSA was not created on Sept. 12, 2001, but came into existence on Nov. 4, 1952. [Continue reading…]

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NSA official cites ‘stop and frisk’ in effort to explain searches of phone records

McClatchy reports: The general counsel of the National Security Agency on Monday compared the agency’s telephone metadata collection program to the highly controversial “stop-and-frisk” practice used by law enforcement officers, saying the agency uses that same standard to choose which phone numbers to query in its database.

“It’s effectively the same standard as stop-and-frisk,” Rajesh De said in an attempt to explain the evidentiary use of “reasonable and articulable suspicion” to identify which phone numbers to target from the agency’s huge database of stored cellphone records.

De made the comment during a rare hearing of an obscure government body, the Privacy and Civil Liberties Oversight Board, which Congress created in 2004 to oversee the government’s expanded intelligence collection operations but which until Monday had never held a substantive hearing.

De’s comparison was perhaps unfortunate. Stop and frisk, after all, is the subject of its own string of controversies. A federal judge ruled in August that the New York City Police Department had used racial profiling in its stops and disproportionately targeted blacks and Latinos. Last month, a video of a Philadelphia police officer stopping and frisking a young black male went viral on YouTube. Complaints about stop and frisk have reached a crescendo among civil liberties groups. The American Civil Liberties Union recently said the practices “raise serious concerns over racial profiling, illegal stops and privacy rights.”

Sensing that De may have opened a new door of debate, Robert Litt, the general counsel of the Office of the Director of National Intelligence, noted that the NSA’s dive into phone metadata, which includes numbers called and the length of calls, is “considerably less” intrusive than a physical search. [Continue reading…]

Hmmm… Less intrusive? Would that be in the same sense as House Intel Committee Chair Rep. Mike Rogers’ claim that “you can’t have your privacy violated if you don’t know your privacy is violated, right?”?

I guess one could say a pick-pocket isn’t intrusive if he manages to steal your wallet but you don’t realize you were robbed.

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