Category Archives: surveillance

The world says no to surveillance

Edward Snowden writes: Two years ago today, three journalists and I worked nervously in a Hong Kong hotel room, waiting to see how the world would react to the revelation that the National Security Agency had been making records of nearly every phone call in the United States. In the days that followed, those journalists and others published documents revealing that democratic governments had been monitoring the private activities of ordinary citizens who had done nothing wrong.

Within days, the United States government responded by bringing charges against me under World War I-era espionage laws. The journalists were advised by lawyers that they risked arrest or subpoena if they returned to the United States. Politicians raced to condemn our efforts as un-American, even treasonous.

Privately, there were moments when I worried that we might have put our privileged lives at risk for nothing — that the public would react with indifference, or practiced cynicism, to the revelations.

Never have I been so grateful to have been so wrong. [Continue reading…]

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NSA bill barely touches the agency’s vast powers

The Associated Press reports: The surveillance law enacted this week stands as the most significant curb on the government’s investigative authorities since the 1970s. But it’s practically inconsequential in the universe of the National Security Agency’s vast digital spying operations, a technical overhaul of a marginal counterterrorism program that some NSA officials wanted to jettison anyway.

After a six-month transition, the new law will end the NSA’s bulk collection of Americans’ phone records, moving instead to a system of case-by-case searches of records held by phone companies.

The existence of the program, in place since shortly after the attacks of Sept. 11, 2001, was perhaps the most startling secret revealed by former NSA contractor Edward Snowden, because it so directly affected the privacy of Americans. It was the first Snowden disclosure published by the journalists with whom he shared documents, and it landed with a thunderclap.

But in the two years since Snowden took up exile in Russia to avoid prosecution in the U.S., his documents have fueled dozens of revelations of NSA surveillance operations, disclosing how the agency seeks to exploit Internet communications. None of those programs are affected by the law President Barack Obama signed Tuesday night. [Continue reading…]

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FBI behind mysterious surveillance aircraft over U.S. cities

The Associated Press reports: The FBI is operating a small air force with scores of low-flying planes across the country carrying video and, at times, cellphone surveillance technology — all hidden behind fictitious companies that are fronts for the government, The Associated Press has learned.

The planes’ surveillance equipment is generally used without a judge’s approval, and the FBI said the flights are used for specific, ongoing investigations. The FBI said it uses front companies to protect the safety of the pilots and aircraft. It also shields the identity of the aircraft so that suspects on the ground don’t know they’re being watched by the FBI.

In a recent 30-day period, the agency flew above more than 30 cities in 11 states across the country, an AP review found.

Aerial surveillance represents a changing frontier for law enforcement, providing what the government maintains is an important tool in criminal, terrorism or intelligence probes. But the program raises questions about whether there should be updated policies protecting civil liberties as new technologies pose intrusive opportunities for government spying. [Continue reading…]

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New dawn of freedom in America

The day millions of Americans have been eagerly awaiting — they can once again enjoy their lost freedoms:

The New York Times reports: For the first time since the aftermath of the terrorist attacks of Sept. 11, 2001, Americans will again be free to place phone calls — to friends, lovers, business associates, political groups, doctors and pizza restaurants — without having logs of those contacts vacuumed up in bulk by the National Security Agency.

And for the first time in nearly 14 years, if government agents identify new phone numbers that they suspect are linked to terrorism, they will have to subpoena phone companies for associated calling records and wait for the response to see if anyone in the United States has been in contact with that number. The N.S.A. can no longer simply query its database for the information.

This unusual situation may last only a few days, until Congress can reach an accommodation over three counterterrorism laws that expired at 12:01 a.m. Monday.

Nonetheless, the fact that Congress allowed the laws to lapse — the most important of them is the purported legal basis for the bulk records collection program — is an extraordinary moment in the story of the tensions between post-9/11 policies and privacy rights. It has led to heated warnings in the political realm about exposing the country to heightened risk of attack.

A few hours before the Senate convened on Sunday, John O. Brennan, the C.I.A. director, warned on the CBS program “Face the Nation” that if lawmakers let those laws lapse, the F.B.I. would “not have the ability then to track these various elements that we are looking at who are trying to carry out attacks here in the homeland.”

But interviews with law enforcement and intelligence officials about what they will do in the interim suggest there are multiple workarounds to the gap.

One of the expired laws permitted wiretap orders of “lone wolf” terrorism suspects who are not part of a foreign group, a provision that has apparently never been used. A second permitted “roving” wiretap orders that follow suspects who change phones, a provision that apparently has been used only rarely.

The third permitted court orders requiring businesses to turn over records that are relevant to a national security investigation, the provision known as Section 215 of the Patriot Act. In addition to the bulk phone records program, the F.B.I. used Section 215 about 160 times last year to obtain particular business records, like suspects’ Internet activity logs.

All three of the expired laws contained a so-called grandfather clause that permits their authority to continue indefinitely for any investigation that had begun before June 1.

Law enforcement officials have made it clear that the F.B.I. has long-running, open-ended “enterprise” investigations into groups that pose a threat to public safety, like Al Qaeda. A senior intelligence official recently told The New York Times that the administration was open to invoking the grandfather clause to get the records if a need arose during any lapse. [Continue reading…]

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Spot the difference: Being or not being subject to mass surveillance

On Sunday night, at the stroke of midnight, will a shroud of fear be lifted from freedom-loving Americans?

Let’s assume that a last minute deal isn’t reached in Congress and the surveillance powers of the Patriot Act are indeed allowed to expire.

This might not amount to the kind of statutory protection of privacy that critics of the NSA have hoped for, and yet physically pulling the plug on the actual mechanisms of mass surveillance will highlight the difference between living in a world where all our information gets sucked into data warehouses and a world in which it remains a tad more secure under a blanket in the Cloud — or wherever else we’ve chosen to keep it hidden.

Of course, a lot of people won’t believe the plug got pulled — certainly not at a moment when they believe the Federal government is about to impose martial law in Texas — and so the reported suspension of surveillance will more likely reinforce their paranoia.

But for those who believe that a measure of freedom lost has been reclaimed — at least for now — how will that freedom be enjoyed?

That’s where I draw a blank.

I’ve seen the polls in which some people say that NSA surveillance has changed how they use email and made them inclined to censor themselves and yet I’ve always been baffled by these reactions.

Most NSA critics who have studied the issue are acutely aware that mass surveillance is virtually useless for gathering information about terrorism, so how exactly might it accumulate useful information about you or me?

From Sunday to Monday, we will cross over from a world in which we are watched but unseen, into a world in which we will remain unseen. If that seems like a profound transition, I’d say your fixation on personal freedom has become a distraction from much more serious issues that truly shape our world.

There are plenty of good reasons to be opposed to mass surveillance — including the principle that no democratic government should claim the right to spy on its own citizens. But we have less reason to be concerned about intrusions on our privacy than that over-funded intelligence agencies have exploited public fear and manipulated Congress in order to create programs of negligible value.

If mass surveillance is about to quietly die, maybe the lesson that can be drawn is that the threat it supposedly posed and the need it supposedly met, were both wildly overstated.

The NSA’s appetite to gather information has always exceeded its capacity to use it, but the same cannot be said for Google or Facebook. The NSA never was and never could become more than a flea on the back of a digital infrastructure that primarily serves Silicon Valley.

Most of the information that is being gathered about each and every one of us is not being swept up in secret but dished out freely down what we have come to regard as lifelines connecting us to the world.

Rather than being subject to unwanted surveillance, we are far more subject to networks of dependence which affect what we want, what we expect, and how we live.

Big Brother is less inclined to breath down our neck than hold our hand. And if the grip feels too tight it’s because we’re afraid of letting go.

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Senate to try again after bill on NSA collection of phone records is blocked

The New York Times reports: After vigorous debate and intense last-minute pressure by Republican leaders, the Senate on Saturday rejected legislation that would curb the federal government’s bulk collection of phone records.

With the death of that measure — passed overwhelmingly in the House this month — senators scrambled but failed to pass a short-term measure to keep the program from going dark when it expires June 1. The disarray in Congress appeared to significantly increase the chances that the government will lose systematic access to newly created calling records by Americans, at least temporarily, after June 1.

“This is a high-threat period,” said Senator Mitch McConnell of Kentucky, the majority leader, who was stymied in his efforts to extend the program even for a few days by the junior senator for his state, Rand Paul.

A senior administration official said Saturday that the “wind-down process has begun” on the surveillance program, and that the administration did not file an application with the Foreign Intelligence Surveillance Court on Friday to continue collecting the data. The White House has long said that the administration would not seek to continue the program if the legal authorities expired. Aspects of the program could be reactivated as allowed under new legislation if Congress acts before the deadline. [Continue reading…]

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GCHQ openly recruiting hackers as British government seeks more surveillance powers

Forbes: Now that the Conservative Party has secured a majority government in the UK, it’s pushing ahead with plans to expand the surveillance state with the Communications Data Bill, also known as Snooper’s Charter, which would require communications providers from BT to Facebook to maintain records of customers’ internet activity, text messages and voice calls for a year. This may have emboldened GCHQ, the British spy agency and chief NSA partner, which has, for the first time, openly called for applicants to fill the role of Computer Network Operations Specialists, also known as nation-state funded hackers.

According to a job ad for a Computer Network Operations Specialist, a student or graduate will have to have, or soon have, “a Bachelor’s or Master’s degree incorporating ethical hacking, digital forensics or information security”.

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White House backs bill that would end NSA bulk collection of phone records

The Washington Post: The Obama administration is urging lawmakers to pass a bipartisan bill that would end the National Security Agency’s mass collection of Americans’ phone records, an effort that has been boosted by a federal appeals court’s ruling last week that the program was unlawful.

The White House’s support for the USA Freedom Act, which preserves the government’s ability to obtain more limited amounts of records, comes as the House is expected to pass it on Wednesday. That sets up a showdown in the Senate, where Majority Leader Mitch McConnell (R-Ky.) is backing another bill that would maintain the NSA program of mass collection and renew it through 2020.

The attorney general and the director of national intelligence are expected to issue soon a letter of support for the USA Freedom Act, saying that they do not think it will undermine national security while its proposed reforms will enhance Americans’ privacy.

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Intelligence official: Era of bulk-records collection likely over

The Wall Street Journal: A senior U.S. intelligence official on Friday afternoon suggested that the public blowback and corporate outrage that erupted after it was revealed that the National Security Agency collected bulk telephone records made it rather certain the government would not try to recreate such a program in the future.

Robert Litt, the Office of the Director of National Intelligence’s general counsel, told a panel hosted by the Sunlight Foundation that the intelligence community now decides when it creates any new program how it will look if it is leaked to the public.

He says they ask “Are the benefits we get from that program worth that risk?”

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NSA phone records program illegal, court rules

The Guardian reports: The US court of appeals has ruled that the bulk collection of telephone metadata is unlawful, in a landmark decision that clears that way for a full legal challenge against the National Security Agency.

A panel of three federal judges for the second circuit overturned an earlier ruling that the controversial surveillance practice first revealed to the US public by NSA whistleblower Edward Snowden in 2013 could not be subject to judicial review.

But the judges also waded into the charged and ongoing debate over the reauthorization of a key Patriot Act provision currently before US legislators. That provision, which the appeals court ruled the NSA program surpassed, will expire on June 1 amidst gridlock in Washington on what to do about it.

The judges opted not to end the domestic bulk collection while Congress decides its fate, calling judicial inaction “a lesser intrusion” on privacy than at the time the case was initially argued. [Continue reading…]

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America’s willing helper: Intelligence scandal puts Merkel in tight place

Der Spiegel reports: July 14, 2013 was an overcast day. The German chancellor was reclining in a red armchair across from two television hosts with the country’s primary public broadcaster. With Berlin’s Spree River flowing behind her, Angela Merkel gave her traditional summer television interview. The discussion focused in part on the unbridled drive of America’s NSA intelligence service to collect as much information as possible. Edward Snowden’s initial revelations had been published just one month earlier, but by the time of the interview, the chancellor had already dispatched her interior minister to Washington. Having taken action to confront the issue, Merkel was in high spirits.

Merkel’s interviewers wanted to know exactly what data had been targeted in Germany. Reports had been making the rounds, they reminded her, of “economic espionage.” Merkel sat quietly. “So, on that,” she said, “the German interior minister was clearly told that there is no industrial espionage against German companies.”

Only a few hundred meters away from the red armchair, though, more was known. In Merkel’s Chancellery, staff had long been aware that the information provided by the United States wasn’t true.

By 2010 at the latest, the Chancellery had received indications that the NSA had attempted to spy on European firms, including EADS, the European aerospace and defense company that is partly owned by German shareholders. They also knew that the Americans were seeking to join forces with Germany’s foreign intelligence agency, the Bundesnachrichtendienst (BND), in their spying efforts. It would be astonishing if Merkel herself had not known about these occurrences long before she sat down for the interview. Indeed, she would look even worse had she not known. [Continue reading…]

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Big Brother or vital protection? French MPs set to OK spy bill

AFP: Four months after jihadist attacks in Paris killed 17 people, French MPs are set to approve a controversial bill giving spies sweeping new surveillance powers deemed “heavily intrusive” by critics.

The draft law, which is expected to sail through a vote in the lower house National Assembly on Tuesday, has sparked a firestorm of protest from rights groups, which claim it infringes on privacy.

They will be protesting near parliament on Monday under the banner “24 hours before 1984” in reference to George Orwell’s dystopian novel about life under an all-knowing dictatorship.

The text enjoys support from both main parties and is almost certain to be adopted when lawmakers vote on May 5, despite opposition from the far-left and greens.

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Utah’s reaction to NSA data center mirrors wider ambivalence over surveillance programs

The Wall Street Journal reports: As a defiant statement against what it sees as government overreach, a group of Utahans “adopted” the desert highway that leads to the National Security Agency’s secretive and sprawling new facility in Bluffdale.

Their novel plan: While collecting trash along their stretch of road, they would simultaneously protest outside the NSA building, spreading the “Restore the Fourth” message in favor of Fourth Amendment protections against illegal search and seizure.

But their plan soon wilted thanks to a lack of organization and a lack of enthusiasm for more protests.

“What we’re working on now is consolidating and coordinating our actions with other organizations,” said Dan Garfield, who leads Restore the Fourth’s Utah chapter. He said there is no timeline for the next protest.

The stalled effort highlights the ambivalence in Utah and in Washington, D.C., over secret government surveillance programs. Section 215 of the USA Patriot Act, which the government has used to justify its bulk telephone-record collection program, expires at the end of this month, giving hope to the agency’s critics that they can make major changes. But the rise of the Islamic State extremist group has encouraged more outspoken support for the NSA, including by several potential presidential candidates, complicating negotiations about what to do with the expiring powers.

In Utah, plenty of people don’t seem bothered by the NSA presence. [Continue reading…]

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Congress to introduce last-ditch bill to reform NSA spying

National Journal reports: Backed up against a rapidly approaching do-or-die deadline, bipartisan lawmakers are poised to introduce legislation next week that would roll back the National Security Agency’s expansive surveillance powers.

The legislation could land as soon as Tuesday in the House, congressional aides and privacy advocates said, who would only speak on condition of anonymity because of the sensitivity of the negotiations.

The bill, known as the USA Freedom Act, would effectively end the NSA’s bulk collection of U.S. phone metadata — the numbers, time stamps, and duration of a call but not its actual content — by instead relying on phone companies to retain that data. The program is the first and one of the most controversial spying programs exposed by the Edward Snowden leaks that began nearly two years ago.

House Judiciary Committee Chairman Bob Goodlatte and Rep. John Conyers, the panel’s top Democrat, are expected to back the bill, as is Rep. Jim Sensenbrenner, the author of the original Freedom Act that first emerged in the fall of 2013, and Rep. Jerry Nadler. All four have been intensely involved in negotiations since the measure fell apart in Congress late last year.

But as the House barrels ahead, it remains unclear what strategy the bill’s advocates in the Senate, led chiefly by Sen. Patrick Leahy, intend to deploy. That question is complicated by the implications a fractious national security debate could have for the Republican caucus, whose three presidential aspirants — Sens. Ted Cruz, Rand Paul, and Marco Rubio — have adopted increasingly divergent positions on NSA surveillance. [Continue reading…]

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As encryption spreads, U.S. grapples with clash between privacy, security

The Washington Post reports: For months, federal law enforcement agencies and industry have been deadlocked on a highly contentious issue: Should tech companies be obliged to guarantee government access to encrypted data on smartphones and other digital devices, and is that even possible without compromising the security of law-abiding customers?

Recently, the head of the National Security Agency provided a rare hint of what some U.S. officials think might be a technical solution. Why not, suggested Adm. Michael S. Rogers, require technology companies to create a digital key that could open any smartphone or other locked device to obtain text messages or photos, but divide the key into pieces so that no one person or agency alone could decide to use it?

“I don’t want a back door,” Rogers, the director of the nation’s top electronic spy agency, said during a speech at Princeton University, using a tech industry term for covert measures to bypass device security. “I want a front door. And I want the front door to have multiple locks. Big locks.”

Law enforcement and intelligence officials have been warning that the growing use of encryption could seriously hinder criminal and national security investigations. But the White House, which is preparing a report for President Obama on the issue, is still weighing a range of options, including whether authorities have other ways to get the data they need rather than compelling companies through regulatory or legislative action.

The task is not easy. Those taking part in the debate have polarized views, with advocates of default commercial encryption finding little common ground with government officials who see increasing peril as the technology becomes widespread on mobile phones and on text messaging apps. [Continue reading…]

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China is said to use powerful new weapon to censor internet

The New York Times reports: Late last month, China began flooding American websites with a barrage of Internet traffic in an apparent effort to take out services that allow China’s Internet users to view websites otherwise blocked in the country.

Initial security reports suggested that China had crippled the services by exploiting its own Internet filter — known as the Great Firewall — to redirect overwhelming amounts of traffic to its targets. Now, researchers at the University of California, Berkeley, and the University of Toronto say China did not use the Great Firewall after all, but rather a powerful new weapon that they are calling the Great Cannon.

The Great Cannon, the researchers said in a report published Friday, allows China to intercept foreign web traffic as it flows to Chinese websites, inject malicious code and repurpose the traffic as Beijing sees fit.

The system was used, they said, to intercept web and advertising traffic intended for Baidu — China’s biggest search engine company — and fire it at GitHub, a popular site for programmers, and GreatFire.org, a nonprofit that runs mirror images of sites that are blocked inside China. The attacks against the services continued on Thursday, the researchers said, even though both sites appeared to be operating normally.

But the researchers suggested that the system could have more powerful capabilities. With a few tweaks, the Great Cannon could be used to spy on anyone who happens to fetch content hosted on a Chinese computer, even by visiting a non-Chinese website that contains Chinese advertising content.

“The operational deployment of the Great Cannon represents a significant escalation in state-level information control,” the researchers said in their report. It is, they said, “the normalization of widespread and public use of an attack tool to enforce censorship.” [Continue reading…]

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NSA weighed ending mass phone surveillance program before Snowden leak

The Associated Press reports: The National Security Agency considered abandoning its secret program to collect and store American calling records in the months before leaker Edward Snowden revealed the practice, current and former intelligence officials say, because some officials believed the costs outweighed the meager counterterrorism benefits.

After the leak and the collective surprise around the world, NSA leaders strongly defended the phone records program to Congress and the public, but without disclosing the internal debate.

The proposal to kill the program was circulating among top managers but had not yet reached the desk of Gen. Keith Alexander, then the NSA director, according to current and former intelligence officials who would not be quoted because the details are sensitive. Two former senior NSA officials say they doubt Alexander would have approved it.

Still, the behind-the-scenes NSA concerns, which have not been reported previously, could be relevant as Congress decides whether to renew or modify the phone records collection when the law authorizing it expires in June.

The internal critics pointed out that the already high costs of vacuuming up and storing the “to and from” information from nearly every domestic landline call were rising, the system was not capturing most cellphone calls, and the program was not central to unraveling terrorist plots, the officials said. They worried about public outrage if the program ever was revealed. [Continue reading…]

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