BEHIND THE CURTAIN A Look at the Inner Workings of NSA's XKEYSCORE (II)
The sheer quantity of communications that XKEYSCORE processes, filters and queries is stunning. Around the world, when a person gets online to do anything — write an email, post to a social network, browse the web or play a video game — there's a decent chance that the Internet traffic her device sends and receives is getting collected and processed by one of XKEYSCORE's hundreds of servers scattered across the globe.
In order to make sense of such a massive and steady flow of information, analysts working for the National Security Agency, as well as partner spy agencies, have written thousands of snippets of code to detect different types of traffic and extract useful information from each type, according to documents dating up to 2013. For example, the system automatically detects if a given piece of traffic is an email. If it is, the system tags if it's from Yahoo or Gmail, if it contains an airline itinerary, if it's encrypted with PGP, or if the sender's language is set to Arabic, along with myriad other details.
This global Internet surveillance network is powered by a somewhat clunky piece of software running on clusters of Linux servers. Analysts access XKEYSCORE's web interface to search its wealth of private information, similar to how ordinary people can search Google for public information.
Based on documents provided by NSA whistleblower Edward Snowden, The Intercept is shedding light on the inner workings of XKEYSCORE, one of the most extensive programs of mass surveillance in human history.
How XKEYSCORE works under the hood
It is tempting to assume that expensive, proprietary operating systems and software must power XKEYSCORE, but it actually relies on an entirely open source stack. In fact, according to an analysis of an XKEYSCORE manual for new systems administrators from the end of 2012, the system may have design deficiencies that could leave it vulnerable to attack by an intelligence agency insider.
XKEYSCORE is a piece of Linux software that is typically deployed on Red Hat servers. It uses the Apache web server and stores collected data in MySQL databases. File systems in a cluster are handled by the NFS distributed file system and the autofs service, and scheduled tasks are handled by the cron scheduling service. Systems administrators who maintain XKEYSCORE servers use SSH to connect to them, and they use tools such as rsync and vim, as well as a comprehensive command-line tool, to manage the software.
John Adams, former security lead and senior operations engineer for Twitter, says that one of the most interesting things about XKEYSCORE's architecture is "that they were able to achieve so much success with such a poorly designed system. Data ingest, day-to-day operations, and searching is all poorly designed. There are many open source offerings that would function far better than this design with very little work. Their operations team must be extremely unhappy."
Analysts connect to XKEYSCORE over HTTPS using standard web browsers such as Firefox. Internet Explorer is not supported. Analysts can log into the system with either a user ID and password or by using public key authentication.
As of 2009, XKEYSCORE servers were located at more than 100 field sites all over the world. Each field site consists of a cluster of servers; the exact number differs depending on how much information is being collected at that site. Sites with relatively low traffic can get by with fewer servers, but sites that spy on larger amounts of traffic require more servers to filter and parse it all. XKEYSCORE has been engineered to scale in both processing power and storage by adding more servers to a cluster. According to a 2009 document, some field sites receive over 20 terrabytes of data per day. This is the equivalent of 5.7 million songs, or over 13 thousand full-length films.
This map from a 2009 top-secret presentation does not show all of XKEYSCORE's field sites.
When data is collected at an XKEYSCORE field site, it is processed locally and ultimately stored in MySQL databases at that site. XKEYSCORE supports a federated query system, which means that an analyst can conduct a single query from the central XKEYSCORE website, and it will communicate over the Internet to all of the field sites, running the query everywhere at once.
There might be security issues with the XKEYSCORE system itself as well. As hard as software developers may try, it's nearly impossible to write bug-free source code. To compensate for this, developers often rely on multiple layers of security; if attackers can get through one layer, they may still be thwarted by other layers. XKEYSCORE appears to do a bad job of this.
When systems administrators log into XKEYSCORE servers to configure them, they appear to use a shared account, under the name "oper." Adams notes, "That means that changes made by an administrator cannot be logged." If one administrator does something malicious on an XKEYSCORE server using the "oper" user, it's possible that the digital trail of what was done wouldn't lead back to the administrator, since multiple operators use the account.
There appears to be another way an ill-intentioned systems administrator may be able to cover their tracks. Analysts wishing to query XKEYSCORE sign in via a web browser, and their searches are logged. This creates an audit trail, on which the system relies to assure that users aren't doing overly broad searches that would pull up U.S. citizens' web traffic. Systems administrators, however, are able to run MySQL queries. The documents indicate that administrators have the ability to directly query the MySQL databases, where the collected data is stored, apparently bypassing the audit trail.
AppIDs, fingerprints and microplugins
Collecting massive amounts of raw data is not very useful unless it is collated and organized in a way that can be searched. To deal with this problem, XKEYSCORE extracts and tags metadata and content from the raw data so that analysts can easily search it.
This is done by using dictionaries of rules called appIDs, fingerprints and microplugins that are written in a custom programming language called GENESIS. Each of these can be identified by a unique name that resembles a directory tree, such as "mail/webmail/gmail," "chat/yahoo," or "botnet/blackenergybot/command/flood."
One document detailing XKEYSCORE appIDs and fingerprints lists several revealing examples. Windows Update requests appear to fall under the "update_service/windows" appID, and normal web requests fall under the "http/get" appID. XKEYSCORE can automatically detect Airblue travel itineraries with the "travel/airblue" fingerprint, and iPhone web browser traffic with the "browser/cellphone/iphone" fingerprint.
PGP-encrypted messages are detected with the "encryption/pgp/message" fingerprint, and messages encrypted with Mojahedeen Secrets 2 (a type of encryption popular among supporters of al Qaeda) are detected with the "encryption/mojaheden2" fingerprint.
When new traffic flows into an XKEYSCORE cluster, the system tests the intercepted data against each of these rules and stores whether the traffic matches the pattern. A slideshow presentation from 2010 says that XKEYSCORE contains almost 10,000 appIDs and fingerprints.
AppIDs are used to identify the protocol of traffic being intercepted, while fingerprints detect a specific type of content. Each intercepted stream of traffic gets assigned up to one appID and any number of fingerprints. You can think of appIDs as categories and fingerprints as tags.
If multiple appIDs match a single stream of traffic, the appID with the lowest "level" is selected (appIDs with lower levels are more specific than appIDs with higher levels). For example, when XKEYSCORE is assessing a file attachment from Yahoo mail, all of the appIDs in the following slide will apply, however only "mail/webmail/yahoo/attachment" will be associated with this stream of traffic.
To tie it all together, when an Arabic speaker logs into a Yahoo email address, XKEYSCORE will store "mail/yahoo/login" as the associated appID. This stream of traffic will match the "mail/arabic" fingerprint (denoting language settings), as well as the "mail/yahoo/ymbm" fingerprint (which detects Yahoo browser cookies).
Sometimes the GENESIS programming language, which largely relies on Boolean logic, regular expressions and a set of simple functions, isn't powerful enough to do the complex pattern-matching required to detect certain types of traffic. In these cases, as one slide puts it, "Power users can drop in to C++ to express themselves." AppIDs or fingerprints that are written in C++ are called microplugins.
Here's an example of a microplugin fingerprint for "botnet/conficker_p2p_udp_data," which is tricky botnet traffic that can't be identified without complicated logic. A botnet is a collection of hacked computers, sometimes millions of them, that are controlled from a single point.
Here's another microplugin that uses C++ to inspect intercepted Facebook chat messages and pull out details like the associated email address and body of the chat message.
One document from 2009 describes in detail four generations of appIDs and fingerprints, which begin with only the ability to scan intercepted traffic for keywords, and end with the ability to write complex microplugins that can be deployed to field sites around the world in hours.
If XKEYSCORE development has continued at a similar pace over the last six years, it's likely considerably more powerful today.
Illustration for The Intercept by Blue Delliquanti
Documents published with this article:
Advanced HTTP Activity Analysis
Analyzing Mobile Cellular DNI in XKS
ASFD Readme
CADENCE Readme
Category Throttling
CNE Analysis in XKS
Comms Readme
DEEPDIVE Readme
DNI101
Email Address vs User Activity
Free File Uploaders
Finding and Querying Document Metadata
Full Log vs HTTP
Guide to Using Contexts in XKS Fingerprints
HTTP Activity in XKS
HTTP Activity vs User Activity
Intro to Context Sensitive Scanning With XKS Fingerprints
Intro to XKS AppIDs and Fingerprints
OSINT Fusion Project
Phone Number Extractor
RWC Updater Readme
Selection Forwarding Readme
Stats Config Readme
Tracking Targets on Online Social Networks
TRAFFICTHIEF Readme
Unofficial XKS User Guide
Using XKS to Enable TAO
UTT Config Readme
VOIP in XKS
VOIP Readme
Web Forum Exploitation Using XKS
Writing XKS Fingerprints
XKS Application IDs
XKS Application IDs Brief
XKS as a SIGDEV Tool
XKS, Cipher Detection, and You!
XKS for Counter CNE
XKS Intro
XKS Logos Embedded in Docs
XKS Search Forms
XKS System Administration
XKS Targets Visiting Specific Websites
XKS Tech Extractor 2009
XKS Workflows 2009
UN Secretary General XKS
Micah Lee, Glenn Greenwald, Morgan Marquis-Boire
July 2 2015, 4:42 p.m.
Second in a series.
Copyright https://theintercept.com/
XKEYSCORE: NSA's Google for the World's Private Communications (I)
One of the National Security Agency's most powerful tools of mass surveillance makes tracking someone's Internet usage as easy as entering an email address, and provides no built-in technology to prevent abuse. Today, The Intercept is publishing 48 top-secret and other classified documents about XKEYSCORE dated up to 2013, which shed new light on the breadth, depth and functionality of this critical spy system — one of the largest releases yet of documents provided by NSA whistleblower Edward Snowden.
The NSA's XKEYSCORE program, first revealed by The Guardian, sweeps up countless people's Internet searches, emails, documents, usernames and passwords, and other private communications. XKEYSCORE is fed a constant flow of Internet traffic from fiber optic cables that make up the backbone of the world's communication network, among other sources, for processing. As of 2008, the surveillance system boasted approximately 150 field sites in the United States, Mexico, Brazil, United Kingdom, Spain, Russia, Nigeria, Somalia, Pakistan, Japan, Australia, as well as many other countries, consisting of over 700 servers.
These servers store "full-take data" at the collection sites — meaning that they captured all of the traffic collected — and, as of 2009, stored content for 3 to 5 days and metadata for 30 to 45 days. NSA documents indicate that tens of billions of records are stored in its database. "It is a fully distributed processing and query system that runs on machines around the world," an NSA briefing on XKEYSCORE says. "At field sites, XKEYSCORE can run on multiple computers that gives it the ability to scale in both processing power and storage."
XKEYSCORE also collects and processes Internet traffic from Americans, though NSA analysts are taught to avoid querying the system in ways that might result in spying on U.S. data. Experts and privacy activists, however, have long doubted that such exclusions are effective in preventing large amounts of American data from being swept up. One document The Intercept is publishing today suggests that FISA warrants have authorized "full-take" collection of traffic from at least some U.S. web forums.
The system is not limited to collecting web traffic. The 2013 document, "VoIP Configuration and Forwarding Read Me," details how to forward VoIP data from XKEYSCORE into NUCLEON, NSA's repository for voice intercepts, facsimile, video and "pre-released transcription." At the time, it supported more than 8,000 users globally and was made up of 75 servers absorbing 700,000 voice, fax, video and tag files per day.
The reach and potency of XKEYSCORE as a surveillance instrument is astonishing. The Guardian report noted that NSA itself refers to the program as its "widest reaching" system. In February of this year, The Intercept reported that NSA and GCHQ hacked into the internal network of Gemalto, the world's largest provider of cell phone SIM cards, in order to steal millions of encryption keys used to protect the privacy of cell phone communication. XKEYSCORE played a vital role in the spies' hacking by providing government hackers access to the email accounts of Gemalto employees.
Numerous key NSA partners, including Canada, New Zealand and the U.K., have access to the mass surveillance databases of XKEYSCORE. In March, the New Zealand Herald, in partnership with The Intercept, revealed that the New Zealand government used XKEYSCORE to spy on candidates for the position of World Trade Organization director general and also members of the Solomon Islands government.
These newly published documents demonstrate that collected communications not only include emails, chats and web-browsing traffic, but also pictures, documents, voice calls, webcam photos, web searches, advertising analytics traffic, social media traffic, botnet traffic, logged keystrokes, computer network exploitation (CNE) targeting, intercepted username and password pairs, file uploads to online services, Skype sessions and more.
Bulk collection and population surveillance
XKEYSCORE allows for incredibly broad surveillance of people based on perceived patterns of suspicious behavior. It is possible, for instance, to query the system to show the activities of people based on their location, nationality and websites visited. For instance, one slide displays the search "germansinpakistn," showing an analyst querying XKEYSCORE for all individuals in Pakistan visiting specific German language message boards.
As sites like Twitter and Facebook become increasingly significant in the world's day-to-day communications (a Pew study shows that 71 percent of online adults in the U.S. use Facebook), they become a critical source of surveillance data. Traffic from popular social media sites is described as "a great starting point" for tracking individuals, according to an XKEYSCORE presentation titled "Tracking Targets on Online Social Networks."
When intelligence agencies collect massive amounts of Internet traffic all over the world, they face the challenge of making sense of that data. The vast quantities collected make it difficult to connect the stored traffic to specific individuals.
Internet companies have also encountered this problem and have solved it by tracking their users with identifiers that are unique to each individual, often in the form of browser cookies. Cookies are small pieces of data that websites store in visitors' browsers. They are used for a variety of purposes, including authenticating users (cookies make it possible to log in to websites), storing preferences, and uniquely tracking individuals even if they're using the same IP address as many other people. Websites also embed code used by third-party services to collect analytics or host ads, which also use cookies to track users. According to one slide, "Almost all websites have cookies enabled."
The NSA's ability to piggyback off of private companies' tracking of their own users is a vital instrument that allows the agency to trace the data it collects to individual users. It makes no difference if visitors switch to public Wi-Fi networks or connect to VPNs to change their IP addresses: the tracking cookie will follow them around as long as they are using the same web browser and fail to clear their cookies.
Apps that run on tablets and smartphones also use analytics services that uniquely track users. Almost every time a user sees an advertisement (in an app or in a web browser), the ad network is tracking users in the same way. A secret GCHQ and CSE program called BADASS, which is similar to XKEYSCORE but with a much narrower scope, mines as much valuable information from leaky smartphone apps as possible, including unique tracking identifiers that app developers use to track their own users. In May of this year, CBC, in partnership with The Intercept, revealed that XKEYSCORE was used to track smartphone connections to the app marketplaces run by Samsung and Google. Surveillance agency analysts also use other types of traffic data that gets scooped into XKEYSCORE to track people, such as Windows crash reports.
In a statement to The Intercept, the NSA reiterated its position that such sweeping surveillance capabilities are needed to fight the War on Terror:
"The U.S. Government calls on its intelligence agencies to protect the United States, its citizens, and its allies from a wide array of serious threats. These threats include terrorist plots from al-Qaeda, ISIL, and others; the proliferation of weapons of mass destruction; foreign aggression against the United States and our allies; and international criminal organizations."
Indeed, one of the specific examples of XKEYSCORE applications given in the documents is spying on Shaykh Atiyatallah, an al Qaeda senior leader and Osama bin Laden confidant. A few years before his death, Atiyatallah did what many people have often done: He googled himself. He searched his various aliases, an associate and the name of his book. As he did so, all of that information was captured by XKEYSCORE.
XKEYSCORE has, however, also been used to spy on non-terrorist targets. The April 18, 2013 issue of the internal NSA publication Special Source Operations Weekly boasts that analysts were successful in using XKEYSCORE to obtain U.N. Secretary General Ban Ki-moon's talking points prior to a meeting with President Obama.
XKEYSCORE for hacking: easily collecting user names, passwords and much more
XKEYSCORE plays a central role in how the U.S. government and its surveillance allies hack computer networks around the world. One top-secret 2009 NSA document describes how the system is used by the NSA to gather information for the Office of Tailored Access Operations, an NSA division responsible for Computer Network Exploitation (CNE) — i.e., targeted hacking.
Particularly in 2009, the hacking tactics enabled by XKEYSCORE would have yielded significant returns as use of encryption was less widespread than today. Jonathan Brossard, a security researcher and the CEO of Toucan Systems, told The Intercept: "Anyone could be trained to do this in less than one day: they simply enter the name of the server they want to hack into XKEYSCORE, type enter, and are presented login and password pairs to connect to this machine. Done. Finito." Previous reporting by The Intercept revealed that systems administrators are a popular target of the NSA. "Who better to target than the person that already has the 'keys to the kingdom?'" read a 2012 post on an internal NSA discussion board.
This system enables analysts to access web mail servers with remarkable ease.
The same methods are used to steal the credentials — user names and passwords — of individual users of message boards.
Hacker forums are also monitored for people selling or using exploits and other hacking tools. While the NSA is clearly monitoring to understand the capabilities developed by its adversaries, it is also monitoring locations where such capabilities can be purchased.
Other information gained via XKEYSCORE facilitates the remote exploitation of target computers. By extracting browser fingerprint and operating system versions from Internet traffic, the system allows analysts to quickly assess the exploitability of a target. Brossard, the security researcher, said that "NSA has built an impressively complete set of automated hacking tools for their analysts to use."
Given the breadth of information collected by XKEYSCORE, accessing and exploiting a target's online activity is a matter of a few mouse clicks. Brossard explains: "The amount of work an analyst has to perform to actually break into remote computers over the Internet seems ridiculously reduced — we are talking minutes, if not seconds. Simple. As easy as typing a few words in Google."
These facts bolster one of Snowden's most controversial statements, made in his first video interview published by The Guardian on June 9, 2013. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge to even the president, if I had a personal email."
Indeed, training documents for XKEYSCORE repeatedly highlight how user-friendly the program is: with just a few clicks, any analyst with access to it can conduct sweeping searches simply by entering a person's email address, telephone number, name or other identifying data. There is no indication in the documents reviewed that prior approval is needed for specific searches.
In addition to login credentials and other target intelligence, XKEYSCORE collects router configuration information, which it shares with Tailored Access Operations. The office is able to exploit routers and then feed the traffic traveling through those routers into their collection infrastructure. This allows the NSA to spy on traffic from otherwise out-of-reach networks. XKEYSCORE documents reference router configurations, and a document previously published by Der Spiegel shows that "active implants" can be used to "cop[y] traffic and direc[t]" it past a passive collector.
XKEYSCORE for counterintelligence
Beyond enabling the collection, categorization, and querying of metadata and content, XKEYSCORE has also been used to monitor the surveillance and hacking actions of foreign nation states and to gather the fruits of their hacking. The Intercept previously reported that NSA and its allies spy on hackers in order to collect what they collect.
Once the hacking tools and techniques of a foreign entity (for instance, South Korea) are identified, analysts can then extract the country's espionage targets from XKEYSCORE, and gather information that the foreign power has managed to steal.
Monitoring of foreign state hackers could allow the NSA to gather techniques and tools used by foreign actors, including knowledge of zero-day exploits—software bugs that allow attackers to hack into systems, and that not even the software vendor knows about—and implants. Additionally, by monitoring vulnerability reports sent to vendors such as Kaspersky, the agency could learn when exploits they were actively using need to be retired because they've been discovered by a third party.
Seizure v. searching: oversight, audit trail and the Fourth Amendment
By the nature of how it sweeps up information, XKEYSCORE gathers communications of Americans, despite the Fourth Amendment protection against "unreasonable search and seizure" — including searching data without a warrant. The NSA says it does not target U.S. citizens' communications without a warrant, but acknowledges that it "incidentally" collects and reads some of it without one, minimizing the information that is retained or shared.
But that interpretation of the law is dubious at best.
XKEYSCORE training documents say that the "burden is on user/auditor to comply with USSID-18 or other rules," apparently including the British Human Rights Act (HRA), which protects the rights of U.K. citizens. U.S. Signals Intelligence Directive 18 (USSID 18) is the American directive that governs "U.S. person minimization."
Kurt Opsahl, the Electronic Frontier Foundation's general counsel, describes USSID 18 as "an attempt by the intelligence community to comply with the Fourth Amendment. But it doesn't come from a court, it comes from the executive."
If, for instance, an analyst searched XKEYSCORE for all iPhone users, this query would violate USSID 18 due to the inevitable American iPhone users that would be grabbed without a warrant, as the NSA's own training materials make clear.
Opsahl believes that analysts are not prevented by technical means from making queries that violate USSID 18. "The document discusses whether auditors will be happy or unhappy. This indicates that compliance will be achieved by after-the-fact auditing, not by preventing the search."
Screenshots of the XKEYSCORE web-based user interface included in slides show that analysts see a prominent warning message: "This system is audited for USSID 18 and Human Rights Act compliance." When analysts log in to the system, they see a more detailed message warning that "an audit trail has been established and will be searched" in response to HRA complaints, and as part of the USSID 18 and USSID 9 audit process.
Because the XKEYSCORE system does not appear to prevent analysts from making queries that would be in violation of these rules, Opsahl concludes that "there's a tremendous amount of power being placed in the hands of analysts." And while those analysts may be subject to audits, "at least in the short term they can still obtain information that they shouldn't have."
During a symposium in January 2015 hosted at Harvard University, Edward Snowden, who spoke via video call, said that NSA analysts are "completely free from any meaningful oversight." Speaking about the people who audit NSA systems like XKEYSCORE for USSID 18 compliance, he said, "The majority of the people who are doing the auditing are the friends of the analysts. They work in the same office. They're not full-time auditors, they're guys who have other duties assigned. There are a few traveling auditors who go around and look at the things that are out there, but really it's not robust."
In a statement to The Intercept, the NSA said:
"The National Security Agency's foreign intelligence operations are 1) authorized by law; 2) subject to multiple layers of stringent internal and external oversight; and 3) conducted in a manner that is designed to protect privacy and civil liberties. As provided for by Presidential Policy Directive 28 (PPD-28), all persons, regardless of their nationality, have legitimate privacy interests in the handling of their personal information. NSA goes to great lengths to narrowly tailor and focus its signals intelligence operations on the collection of communications that are most likely to contain foreign intelligence or counterintelligence information."
Coming next: A Look at the Inner Workings of XKEYSCORE
Source maps: XKS as a SIGDEV Tool, p. 15, and XKS Intro, p. 6
Morgan Marquis-Boire, Glenn Greenwald, Micah Lee
Illustrations by Blue Delliquanti and David Axe for The Intercept
copyright https://firstlook.org/theintercept/
Agreements with private companies protect U.S. access to cables' data for surveillance (2013)
The U.S. government had a problem: Spying in the digital age required access to the fiber-optic cables traversing the world's oceans, carrying torrents of data at the speed of light. And one of the biggest operators of those cables was being sold to an Asian firm, potentially complicating American surveillance efforts.
Enter "Team Telecom."
In months of private talks, the team of lawyers from the FBI and the departments of Defense, Justice and Homeland Security demanded that the company maintain what amounted to an internal corporate cell of American citizens with government clearances. Among their jobs, documents show, was ensuring that surveillance requests got fulfilled quickly and confidentially.
This "Network Security Agreement," signed in September 2003 by Global Crossing, became a model for other deals over the past decade as foreign investors increasingly acquired pieces of the world's telecommunications infrastructure.
The publicly available agreements offer a window into efforts by U.S. officials to safeguard their ability to conduct surveillance through the fiber-optic networks that carry a huge majority of the world's voice and Internet traffic.
The agreements, whose main purpose is to secure the U.S. telecommunications networks against foreign spying and other actions that could harm national security, do not authorize surveillance. But they ensure that when U.S. government agencies seek access to the massive amounts of data flowing through their networks, the companies have systems in place to provide it securely, say people familiar with the deals.
Negotiating leverage has come from a seemingly mundane government power: the authority of the Federal Communications Commission to approve cable licenses. In deals involving a foreign company, say people familiar with the process, the FCC has held up approval for many months while the squadron of lawyers dubbed Team Telecom developed security agreements that went beyond what's required by the laws governing electronic eavesdropping.
The security agreement for Global Crossing, whose fiber-optic network connected 27 nations and four continents, required the company to have a "Network Operations Center" on U.S. soil that could be visited by government officials with 30 minutes of warning. Surveillance requests, meanwhile, had to be handled by U.S. citizens screened by the government and sworn to secrecy — in many cases prohibiting information from being shared even with the company's executives and directors.
"Our telecommunications companies have no real independence in standing up to the requests of government or in revealing data," said Susan Crawford, a Yeshiva University law professor and former Obama White House official. "This is yet another example where that's the case."
The full extent of the National Security Agency's access to fiber-optic cables remains classified. The Office of the Director of National Intelligence issued a statement saying that legally authorized data collection "has been one of our most important tools for the protection of the nation's — and our allies' — security. Our use of these authorities has been properly classified to maximize the potential for effective collection against foreign terrorists and other adversaries."
It added, "As always, the Intelligence and law enforcement communities will continue to work with all members of Congress to ensure the proper balance of privacy and protection for American citizens."
Documents obtained by The Washington Post and Britain's Guardian newspaper in recent weeks make clear how the revolution in information technology sparked a revolution in surveillance, allowing the U.S. government and its allies to monitor potential threats with a reach impossible only a few years earlier.
Yet any access to fiber-optic cables allows for possible privacy intrusions into Americans' personal communications, civil libertarians say.
As people worldwide chat, browse and post images through online services, much of the information flows within the technological reach of U.S. surveillance. Though laws, procedural rules and internal policies limit how that information can be collected and used, the data from billions of devices worldwide flow through Internet choke points that the United States and its allies are capable of monitoring.
This broad-based surveillance of fiber-optic networks runs parallel to the NSA's PRISM program, which allows analysts to access data from nine major Internet companies, including Google, Facebook, Microsoft, Yahoo, AOL and Apple, according to classified NSA PowerPoint slides. (The companies have said the collection is legal and limited.)
One NSA slide titled, "Two Types of Collection," shows both PRISM and a separate effort labeled "Upstream" and lists four code names: Fairview, Stormbrew, Blarney and Oakstar. A diagram superimposed on a crude map of undersea cable networks describes the Upstream program as collecting "communications on fiber cables and infrastructure as data flows past."
The slide has yellow arrows pointing to both Upstream and PRISM and says, "You Should Use Both." It also has a header saying "FAA 702 Operations," a reference to a section of the amended Foreign Intelligence Surveillance Act that governs surveillance of foreign targets related to suspected terrorism and other foreign intelligence.
Under that provision, the government may serve a court order on a company compelling it to reach into its networks for data on multiple targets who are foreigners reasonably believed to be overseas. At an Internet gateway, the government may specify a number of e-mail addresses of foreigners to be targeted without the court signing off on each one.
When the NSA is collecting the communications of a foreign, overseas target who is speaking or e-mailing with an American, that American's e-mail or phone call is considered to be "incidentally" collected. It is considered "inadvertently" collected if the target actually turns out to be an American, according to program rules and people familiar with them. The extent of incidental and inadvertent collection has not been disclosed, leading some lawmakers to demand disclosure of estimates of how many Americans' communications have been gathered. No senior intelligence officials have answered that question publicly.
Using software that scans traffic and "sniffs out" the targeted e-mail address, the company can pull out e-mail traffic automatically to turn over to the government, according to several former government officials and industry experts.
It is unclear how effective that approach is compared with collecting from a "downstream" tech company such as Google or Facebook, but the existence of separate programs collecting data from both technology companies and telecommunications systems underscores the reach of government intelligence agencies.
"People need to realize that there are many ways for the government to get vast amounts of e-mail," said Chris Soghoian, a technology expert with the American Civil Liberties Union.
Controlling the data flow
The drive for new intelligence sources after the Sept. 11, 2001, attacks relied on a key insight: American companies controlled most of the Internet's essential pipes, giving ample opportunities to tap the torrents of data flowing by. Even terrorists bent on destruction of the United States, it turned out, talked to each other on Web-based programs such as Microsoft's Hotmail.
Yet even data not handled by U.S.-based companies generally flowed across parts of the American telecommunications infrastructure. Most important were the fiber-optic cables that largely have replaced the copper telephone wires and the satellite and microwave transmissions that, in an earlier era, were the most important targets for government surveillance.
Fiber-optic cables, many of which lie along the ocean floor, provide higher-quality transmission and greater capacity than earlier technology, with the latest able to carry thousands of gigabits per second.
The world's hundreds of undersea cables now carry 99 percent of all intercontinental data, a category that includes most international phone calls, as well, says TeleGeography, a global research firm.
The fiber-optic networks have become a rich source of data for intelligence agencies. The Guardian newspaper reported last month that the Government Communications Headquarters, the British equivalent of the NSA, taps and stores data flowing through the fiber-optic cables touching that nation, a major transit point for data between Europe and the Americas. That program, code-named Tempora, shares data with the NSA, the newspaper said.
Tapping undersea transmission cables had been a key U.S. surveillance tactic for decades, dating back to the era when copper lines carrying sensitive telephone communications could be accessed by listening devices divers could place on the outside of a cable's housing, said naval historian Norman Polmar, author of "Spy Book: The Encyclopedia of Espionage."
"The U.S. has had four submarines that have been outfitted for these special missions," he said.
But the fiber-optic lines — each no thicker than a quarter — were far more difficult to tap successfully than earlier generations of undersea technology, and interception operations ran the risk of alerting cable operators that their network had been breached.
It's much easier to collect information from any of dozens of cable landing stations around the world — where data transmissions are sorted into separate streams — or in some cases from network operations centers that oversee the entire system, say those familiar with the technology who spoke on the condition of anonymity to discuss sensitive intelligence matters.
Expanding powers
In the aftermath of the Sept. 11 attacks, the NSA said its collection of communications inside the United States was constrained by statute, according to a draft report by the agency's inspector general in 2009, which was obtained by The Post and the Guardian. The NSA had legal authority to conduct electronic surveillance on foreigners overseas, but the agency was barred from collecting such information on cables as it flowed into and through the United States without individual warrants for each target.
"By 2001, Internet communications were used worldwide, underseas cables carried huge volumes of communications, and a large amount of the world's communications passed through the United States," the report said. "Because of language used in the [Foreign Intelligence Surveillance] Act in 1978, NSA was required to obtain court orders to target e-mail accounts used by non-U.S. persons outside the United States if it intended to intercept the communications at a webmail service within the United States. Large numbers of terrorists were using such accounts in 2001."
As a result, after White House and CIA officials consulted with the NSA director, President George W. Bush, through a presidential order, expanded the NSA's legal authority to collect communications inside the United States. The President's Surveillance Program, the report said, "significantly increased [NSA's] access to transiting foreign communications."
Gen. Michael Hayden, then the NSA director, described that information as "the real gold of the program" that led to the identification of threats within the United States, according to the inspector general's report.
Elements of the President's Surveillance Program became public in 2005, when the New York Times reported the government's ability to intercept e-mail and phone call content inside the United States without court warrants, sparking controversy. The FISA court began oversight of those program elements in 2007.
As these debates were playing out within the government, Team Telecom was making certain that surveillance capacity was not undermined by rising foreign ownership of the fiber-optic cables that the NSA was using.
The Global Crossing deal created particular concerns. The company had laid an extensive network of undersea cables in the world, but it went bankrupt in 2002 after struggling to handle more than $12 billion in debt.
Two companies, one from Singapore and a second from Hong Kong, struck a deal to buy a majority stake in Global Crossing, but U.S. government lawyers immediately objected as part of routine review of foreign investment into critical U.S. infrastructure.
President Gerald Ford in 1975 had created an interagency group — the Committee on Foreign Investment in the United States, or CFIUS — to review deals that might harm U.S. national security. Team Telecom grew out of that review process. Those executive branch powers were expanded several times over the decades and became even more urgent after the Sept. 11 attacks, when the Defense Department became an important player in discussions with telecommunications companies.
The Hong Kong company soon withdrew from the Global Crossing deal, under pressure from Team Telecom, which was worried that the Chinese government might gain access to U.S. surveillance requests and infrastructure, according to people familiar with the negotiations.
Singapore Technologies Telemedia eventually agreed to a slate of concessions, including allowing half of the board of directors of a new subsidiary managing the undersea cable network to consist of American citizens with security clearances. They would oversee a head of network operations, a head of global security, a general counsel and a human resources officer — all of whom also would be U.S. citizens with security clearances. The FBI and the departments of Defense, Justice and Homeland Security had the power to object to any appointments to those jobs or to the directors who had to be U.S. citizens.
U.S. law already required that telecommunications companies doing business in the United States comply with surveillance requests, both domestic and international. But the security agreement established the systems to ensure that compliance and to make sure foreign governments would not gain visibility into the working of American telecommunications systems — or surveillance systems, said Andrew D. Lipman, a telecommunications lawyer who has represented Global Crossing and other firms in negotiating such deals.
"These Network Security Agreements flesh out the details," he said.
Lipman, a partner with Bingham McCutchen, based in Washington, said the talks with Team Telecom typically involve little give and take. "It's like negotiating with the Motor Vehicle Department," he said.
Singapore Technologies Telemedia sold Global Crossing in 2011 to Level 3 Communications, a company based in Colorado. But the Singaporean company maintained a minority ownership stake, helping trigger a new round of review by Team Telecom and a new Network Security Agreement that added several new conditions.
A spokesman for Level 3 Communications declined to comment for this article.
By Craig Timberg and Ellen Nakashima, Published: July 7, 2013
Greenwald's Interpretation of BOUNDLESSINFORMANT NSA Documents Is Oftentimes Wrong
For those of us who know something about the National Security Agency (NSA) and who have at the same time been closely following the drip-drop page-at-a-time disclosures of NSA documents by Glenn Greenwald and Laura Poitras, this has been an enormously frustrating time. Many of the recent headlines in the newspapers, especially in Europe, promise much, but when you do a tear-down analysis of the contents there is very little of substance there that we did not already know. Last week's expose by the Dutch newspaper NRC Handelsblad was just such an example, where with one single example everything that the newspaper claimed was brand new had (in fact) been published 17 years earlier by Dutch historian Dr. Cees Wiebes. Ah, what we do to sell newspapers.
There should also be tighter fact-checking by the newspapers of their interpretation of the information that they are being spoon-fed before they rush to print.
For instance, over the past month or so we have been fed once-a-week articles from newspapers France, Germany, Spain, Norway and now the Netherlands (does anyone see a pattern here) all based on a single NSA document from the agency's BOUNDLESSINFORMANT database of metadata intercepts for a 30-day period from December 2012 to January 2013. The newspaper headlines all have claimed that the BOUNDLESSINFORMANT revealed that NSA was intercepting the telephone and internet communications of these countries. But an analysis of the SIGINT Activity Designators (SIGADs) listed in these documents reveals that NSA was not intercepting these communications, but rather the host nation intelligence services – to whit the BND in Germany, DGSE in France, the FE in Norway and the MIVD in the Netherlands. These agencies have secretly been proving this metadata material to NSA, although it is not known for how long.
There are other factual problems with the interpretation that has been placed on these documents. It really would be nice if the individuals using these materials do a little research into NSA operational procedures before leaping to conclusions lest they be further embarrassed in the future by mistakes such as this.
I am not the only person who has noted some of these glaring mistakes being made by the authors of the recent newspaper articles based on the BOUNDLESSINFORMANT document. Here is an insightful study done by a Dutch analyst who has been closely following the materials being leaked:
Screenshots from BOUNDLESSINFORMANT can be misleading
electrospaces.blogspot.nl
Over the last months, a number of European newspapers published screenshots from an NSA tool codenamed BOUNDLESSINFORMANT, which were said to show the number of data that NSA collected from those countries.
Most recently, a dispute about the numbers mentioned in a screenshot about Norway urged Snowden-journalist Glenn Greenwald to publish a similar screenshot about Afghanistan. But as this article will show, Greenwald's interpretation of the latter was wrong, which also raises new questions about how to make sense out of the screenshots about other countries.
Norway vs Afghanistan
On November 19, the website of the Norwegian tabloid Dagbladet published a BOUNDLESSINFORMANT screenshot which, according to the paper, showed that NSA apparently monitored 33 million Norwegian phone calls (although actually, the NSA tool only presents metadata).
The report by Dagbladet was almost immediatly corrected by the Norwegian military intelligence agency Etteretningstjenesten (or E-tjenesten), which said that they collected the data "to support Norwegian military operations in conflict areas abroad, or connected to the fight against terrorism, also abroad" and that "this was not data collection from Norway against Norway, but Norwegian data collection that is shared with the Americans".
Earlier, a very similar explanation was given about the data from France, Spain and Germany. They too were said to be collected by French, Spanish and German intelligence agencies outside their borders, like in war zones, and then shared with NSA. Director Alexander added that these data were from a system that contained phone records collected by the US and NATO countries "in defense of our countries and in support of military operations".
Glenn Greenwald strongly contradicted this explanation in an article written for Dagbladet on November 22. In trying to prove his argument, he also released a screenshot from BOUNDLESSINFORMANT about Afghanistan (shown down below) and explained it as follows:
"What it shows is that the NSA collects on average of 1.2-1.5 million calls per day from that country: a small subset of the total collected by the NSA for Spain (4 million/day) and Norway (1.2 million).
Clearly, the NSA counts the communications it collects from Afghanistan in the slide labeled «Afghanistan» — not the slides labeled «Spain» or «Norway». Moreover, it is impossible that the slide labeled «Spain» and the slide labeled «Norway» only show communications collected from Afghanistan because the total collected from Afghanistan is so much less than the total collected from Spain and Norway."
But Greenwald apparently forgot some documents he released earlier:
Last September, the Indian paper The Hindu published three less known versions of the BOUNDLESSINFORMANT global overview page, showing the total amounts of data sorted in three different ways: Aggregate, DNI and DNR. Each results in a slightly different top 5 of countries, which is also reflected in the colors of the heat map.
In the overall (aggregated) counting, Afghanistan is in the second place, with a total amount of over 2 billion internet records (DNI) and almost 22 billion telephony records (DNR) counted:
The screenshot about Afghanistan published by Greenwald only shows information about some 35 million telephony (DNR) records, collected by a facility only known by its SIGAD US-962A5 and processed or analysed by DRTBox. This number is just a tiny fraction of the billions of data from both internet and telephone communications from Afghanistan as listed in the global overview.
With these big differences, it's clear that this screenshot about Afghanistan is not showing all data which NSA collected from that country, not even all telephony data. The most likely option is that it only shows metadata from telephone communications intercepted by the facility designated US-962A5.
That fits the fact that this SIGAD denotes a sub- or even sub-sub-facility of US-962, which means there are more locations under this collection program. Afghanistan is undoubtedly being monitored by numerous SIGINT collection stations and facilities, so seeing only one SIGAD in this screenshot proves that it can never show the whole collection from that country.
This makes that Greenwald's argument against the data being collected abroad is not valid anymore (although there maybe other arguments against it). Glenn Greenwald was asked via Twitter to comment on the findings of this article, but there was no reaction.
The new insight about the Afghanistan data means that the interpretation of the screenshots about other countries can be wrong too. Especially those showing only one collection facility, like France, Spain and Norway (and maybe also Italy and The Netherlands), might not be showing information about that specific country, but maybe only about the specific intercept location.
This also leads to other questions, like: are this really screenshots (why is there no classification marking)? Are they part of other documents or did Snowden himself made them? And how did he make the selection: by country, by facility, or otherwise?
There are many questions about NSA capabilities and operations which Snowden cannot answer, but he can answer how exactly he got to these documents and what their proper context is. Maybe Glenn Greenwald also knows more about this, and if so, it's about time to tell that part of the story too.
Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror (January 2012) and The Secret Sentry, the definitive history of the National Security Agency. He is a leading intelligence historian and expert on the NSA, and a regular commentator on intelligence matters for the New York Times, the Financial Times, the National Journal, the Associated Press, CBS News, National Public Radio (NPR) and many others. He lives in Washington, DC.
Find this story at 24 November 2013
NRC over NSA
Een van de elementen op de kaart van de NRC van zaterdag zijn de rode stippen die de vestigingen van SCS aangeven. Dat bestand is hetzelfde als dat van de kaart in Spiegel, waarvan een ongecensureerde versie beschikbaar is bij Cryptome.
Die kaart is uit augustus 2010. Als je de kaarten naast elkaar legt kom je een eind bij het vaststellen welke plaatsen NRC zwart heeft gemaakt. Wat betreft Europa kom je dan bijv. op het rijtje Bakoe, Kiev, Madrid , Moskou en
Tblisi.
x-keyscore servers op Cryptome
SCS sites op Cryptome
NRC driver 1
Europeans Shared Spy Data With U.S.; Phone Records Collected Were Handed Over to Americans to Help Protect Allied Troops in War Zones
Millions of phone records at the center of a firestorm in Europe over spying by the National Security Agency were secretly supplied to the U.S. by European intelligence services—not collected by the NSA, upending a furor that cast a pall over trans-Atlantic relations.
Widespread electronic spying that ignited a political firestorm in Europe was conducted by French and European intelligence services and not by the National Security Agency, as was widely reported in recent days. Adam Entous reports on the News Hub. Photo: AP.
The revelations suggest a greater level of European involvement in global surveillance, in conjunction at times with the NSA. The disclosures also put European leaders who loudly protested reports of the NSA's spying in a difficult spot, showing how their spy agencies aided the Americans.
The phone records collected by the Europeans—in war zones and other areas outside their borders—were shared with the NSA as part of efforts to help protect American and allied troops and civilians, U.S. officials said.
European leaders remain chagrined over revelations that the U.S. was spying on dozens of world leaders, including close allies in Europe. The new disclosures were separate from those programs.
But they nevertheless underline the complexities of intelligence relationships, and how the U.S. and its allies cooperate in some ways and compete in others.
NSA Said to View 23 Countries Closer U.S. Intelligence Partners Than Israel
Senate to Review All U.S. Spying
Spying Revelations Add Hurdle to U.S.-EU Trade Talks
Germany Warns of Repercussions from U.S. Spying
Obama Unaware as NSA Spied on World Leaders
"That the evil NSA and the wicked U.S. were the only ones engaged in this gross violation of international norms—that was the fairy tale," said James Lewis, a former State Department official, now a technology-policy specialist at the Center for Strategic and International Studies. "It was never true. The U.S's behavior wasn't outside the norm. It is the norm."
Consecutive reports in French, Spanish and Italian newspapers over the past week sparked a frenzy of finger-pointing by European politicians. The reports were based on documents leaked by former NSA contractor Edward Snowden and purportedly showed the extent to which the NSA sweeps up phone records in those countries.
France's Le Monde said the documents showed that more than 70 million French phone records between early December 2012 and early January 2013 were collected by the NSA, prompting Paris to lodge a protest with the U.S. In Spain, El Mundo reported that it had seen NSA documents that showed the U.S. spy agency had intercepted 60.5 million Spanish phone calls during the same time period.
U.S. officials initially responded to the reports by branding them as inaccurate, without specifying how. On Tuesday, The Wall Street Journal reported that the data cited by the European news reports wasn't collected by the NSA, but by its European partners.
U.S. officials said the data was provided to the NSA under long-standing intelligence sharing arrangements.
In a congressional hearing Tuesday, the National Security Agency director, Gen. Keith Alexander, confirmed the broad outlines of the Journal report, saying that the specific documents released by Mr. Snowden didn't represent data collected by the NSA or any other U.S. agency and didn't include records from calls within those countries.
Phone Trouble
Politicians have reacted to recent disclosures about U.S. surveillance programs based on leaks from former National Security Agency contractor Edward Snowden.
View Graphics
He said the data—displayed in computer-screen shots—were instead from a system that contained phone records collected by the U.S. and North Atlantic Treaty Organization countries "in defense of our countries and in support of military operations."
He said the conclusion that the U.S. collected the data "is false. And it's false that it was collected on European citizens. It was neither."
The U.S. until now had been silent about the role of European partners in these collection efforts so as to protect the relationships.
French officials declined to comment.
A Spanish official said that Spain's intelligence collaboration with the NSA has been limited to theaters of operations in Mali, Afghanistan and certain international operations against jihadist groups. The so-called metadata published in El Mundo was gathered during these operations, not in Spain.
The Italian Embassy in Washington didn't immediately respond to a request for comment.
The revelations that the phone data were collected by European intelligence services rather than NSA could spark a backlash against the same politicians who had been pointing their fingers at the U.S.—although that response could be tempered by assurances that the data were collected abroad and not domestically.
A U.S. analysis of the document published by Le Monde concluded the phone records the French had collected were actually from outside of France, then were shared with the U.S. The data don't show that the French spied on their own people inside France.
U.S. intelligence officials said they hadn't seen the documents cited by El Mundo, but that the data appear to come from similar information the NSA obtained from Spanish intelligence agencies documenting their collection efforts abroad.
At Tuesday's House Intelligence Committee hearing, lawmakers also pressed Gen. Alexander and the Director of National Intelligence James Clapper on the NSA's tapping of world leaders' phone conversations, including German Chancellor Angela Merkel.
Asked whether U.S. allies spy on the U.S., Mr. Clapper said, "Absolutely."
Rep. Adam Schiff (D., Calif.) asked why Congress hadn't been informed when U.S. spies tapped a world leader's telephone. Mr. Clapper said Congress isn't told about each and every "selector," the intelligence term for a phone number or other information that would identify an espionage target.
"Not all selectors are equal," Mr. Schiff responded, especially "when the selector is the chancellor of an allied nation."
The Wall Street Journal reported Monday that President Barack Obama didn't know about NSA's tapping of Ms. Merkel's phone—which stretched back as far as 2002—until a review this summer turned it up.
Mr. Clapper said that intelligence agencies follow the priorities set by the president and key departments, but they don't necessarily provide top officials with details on how each requirement is being fulfilled.
The White House does, however, see the final product, he said.
Reporting to policy makers on the "plans and intentions" of world leaders is a standard request to intelligence agencies like the NSA, Mr. Clapper said. The best way to understand a foreign leader's intentions, he said, is to obtain that person's communications.
Privately, some intelligence officials disputed claims that the president and top White House officials were unaware of how such information is obtained.
"If there's an intelligence report that says the leader of this country is likely to say X or Y, where do you think that comes from?" the official said.
The House Intelligence Committee chairman, Rep. Mike Rogers (R., Mich.) remained a staunch defender of the NSA's operations.
"I am a little concerned about where we are—that we've decided that we're going to name our intelligence services at the earliest opportunity as the bad guys in the process of trying to collect information lawfully and legally, with the most oversight that I've ever seen," he said. "We're the only intelligence service in the world that is forced to go to a court before they even collect on foreign intelligence operations, which is shocking to me."
—Christopher Bjork in Madrid and Stacy Meichtry in Paris contributed to this article.
By Adam Entous and Siobhan Gorman connect
Updated Oct. 29, 2013 7:31 p.m. ET
Find this story at 29 October 2013
©2013 Dow Jones & Company, Inc.
Europe shared spy data with US; Europe spy services 'shared phone data'
The NSA says European spy services shared phone data with it, and reports alleging otherwise are 'false'.
MILLIONS of phone records at the centre of a firestorm in Europe over spying by the National Security Agency were secretly supplied to the US by European intelligence services – not collected by the NSA, upending a furore that cast a pall over trans-Atlantic relations.
The phone records collected by the Europeans – in war zones and other areas outside their borders – were shared with the NSA as part of efforts to help protect American and allied troops and civilians, US officials said.
European leaders remain chagrined over revelations that the US was spying on dozens of world leaders, including close allies in Europe.
The new disclosures were separate from those programs, but they underline the complexities of intelligence relationships, and how the US and its allies co-operate in some ways and compete in others.
"That the evil NSA and the wicked US were the only ones engaged in this gross violation of international norms -that was the fairy tale," said James Lewis, a former State Department official, now a technology-policy specialist at the Centre for Strategic and International Studies.
"It was never true. The US's behaviour wasn't outside the norm. It is the norm."
France's Le Monde said the documents showed that more than 70 million French phone records between early December last year and early January this year were collected by the NSA, prompting Paris to lodge a protest with the US. In Spain, El Mundo reported that it had seen NSA documents that showed the US spy agency had intercepted 60.5 million Spanish phone calls during the same time period.
US officials initially responded to the reports by branding them as inaccurate, without specifying how. Late yesterday, The Wall Street Journal reported that the data cited by the European news reports wasn't collected by the NSA but by its European partners.
US officials said the data was provided to the NSA under long-standing intelligence sharing arrangements.
Hours later, in a congressional hearing, the National Security Agency director, General Keith Alexander, confirmed the broad outlines of the Journal report, saying the specific documents released by Mr Snowden didn't represent data collected by the NSA or any other US agency and didn't include records from calls within those countries.
He said the data, displayed in computer-screen shots, was instead from a system that contained phone records collected by the US and NATO countries "in defence of our countries and in support of military operations".
He said conclusions the US collected the data were "false. And it's false that it was collected on European citizens. It was neither."
The US until now had been silent about the role of European partners in these collection efforts to protect the relationships. French officials declined to comment.
A Spanish official said Spain's intelligence collaboration with the NSA has been limited to theatres of operations in Afghanistan, Mali and international operations against jihadist groups. The data published in El Mundo was gathered during these operations, not in Spain.
At yesterday's house intelligence committee hearing, politicians pressed General Alexander and Director of National Intelligence James Clapper on the NSA's tapping of world leaders' phone conversations, including the German Chancellor, Angela Merkel.
Asked whether US allies spy on the US, Mr Clapper said: "Absolutely."
Democrat congressman Adam Schiff asked why congress had not been informed when US spies tapped a world leader's telephone.
Mr Clapper said congress wasn't told about each and every "selector", the intelligence term for a phone number or other information that would identify an espionage target.
"Not all selectors are equal," Mr Schiff responded, especially "when the selector is the chancellor of an allied nation."
Mr Clapper said intelligence agencies followed the priorities set by the President and key departments, but did not necessarily provide top officials with details on how each requirement was being fulfilled.
The White House did, however, see the final product, he said.
Reporting to policymakers on the "plans and intentions" of world leaders was a standard request to intelligence agencies such as the NSA, Mr Clapper said, and the best way to understand a foreign leader's intentions was to obtain their communications.
Privately, some intelligence officials disputed claims that the President and top White House officials were unaware of how such information was obtained.
"If there's an intelligence report that says the leader of this country is likely to say X or Y, where do you think that comes from?" the official said
Adam Entous and Siobhan Gorman
October 31, 2013 12:00AM
© www.theaustralian.com.au
NSA spy row: France and Spain 'shared phone data' with US
Spain and France's intelligence agencies carried out collection of phone records and shared them with NSA, agency says
European intelligence agencies and not American spies were responsible for the mass collection of phone records which sparked outrage in France and Spain, the US has claimed.
General Keith Alexander, the head of the National Security Agency, said reports that the US had collected millions of Spanish and French phone records were "absolutely false".
"To be perfectly clear, this is not information that we collected on European citizens," Gen Alexander said when asked about the reports, which were based on classified documents leaked by Edward Snowden, the former NSA contractor.
Shortly before the NSA chief appeared before a Congressional committee, US officials briefed the Wall Street Journal that in fact Spain and France's own intelligence agencies had carried out the surveillance and then shared their findings with the NSA.
The anonymous officials claimed that the monitored calls were not even made within Spanish and French borders and could be surveillance carried on outside of Europe.
GCHQ monitors luxury hotel bookings made by foreign diplomats 17 Nov 2013
US spy chief defends spying on foreign leaders 30 Oct 2013
Germany, France and Spain 'were all spying on citizens' 01 Nov 2013
Anger in France over claims that NSA spied on politicians, business leaders as well as terrorists 21 Oct 2013
NSA spying: US should not be collecting calls on allies, says top senator 28 Oct 2013
Russia 'spied on G20 leaders with USB sticks' 29 Oct 2013
In an aggressive rebuttal of the reports in the French paper Le Monde and the Spanish El Mundo, Gen Alexander said "they and the person who stole the classified data [Mr Snowden] do not understand what they were looking at" when they published slides from an NSA document.
The US push back came as President Barack Obama was said to be on the verge of ordering a halt to spying on the heads of allied governments.
The White House said it was looking at all US spy activities in the wake of leaks by Mr Snowden but was putting a "special emphasis on whether we have the appropriate posture when it comes to heads of state".
Mr Obama was reported to have already halted eavesdropping at UN's headquarters in New York.
German officials said that while the White House's public statements had become more conciliatory there remained deep wariness and that little progress had been made behind closed doors in formalising an American commitment to curb spying.
"An agreement that you feel might be broken at any time is not worth very much," one diplomat told The Telegraph.
"We need to re-establish trust and then come to some kind of understanding comparable to the [no spy agreement] the US has with other English speaking countries."
Despite the relatively close US-German relations, the White House is reluctant to be drawn into any formal agreement and especially resistant to demands that a no-spy deal be expanded to cover all 28 EU member states.
Viviane Reding, vice-president of the European Commission and EU justice commissioner, warned that the spying row could spill over and damage talks on a free-trade agreement between the EU and US.
"Friends and partners do not spy on each other," she said in a speech in Washington. "For ambitious and complex negotiations to succeed there needs to be trust among the negotiating partners. It is urgent and essential that our US partners take clear action to rebuild trust."
A spokesman for the US trade negotiators said it would be "unfortunate to let these issues – however important – distract us" from reaching a deal vital to freeing up transatlantic trade worth $3.3 billion dollars (£2bn) a day.
James Clapper, America's top national intelligence, told a Congressional hearing yesterday the US does not "spy indiscriminately on the citizens of any country".
"We do not spy on anyone except for valid foreign intelligence purposes, and we only work within the law," Mr Clapper said. "To be sure on occasions we've made mistakes, some quite significant, but these are usually caused by human error or technical problems."
Pressure from European leaders was added to as some of the US intelligence community's key Congressional allies balked at the scale of surveillance on friendly governments.
Dianne Feinstein, the chair of powerful Senate intelligence committee, said she was "totally opposed" to tapping allied leaders and called for a wide-ranging Senate review of the activities of US spy agencies.
"I do not believe the United States should be collecting phone calls or emails of friendly presidents and prime ministers," she said.
John Boehner, the Republican speaker of the house and a traditional hawk on national security, said US spy policy was "imbalanced" and backed calls for a review.
Mr Boehner has previously been a staunch advocate of the NSA and faced down a July rebellion by libertarian Republicans who tried to pass a law significantly curbing the agency's power.
By Raf Sanchez, Peter Foster in Washington
8:35PM GMT 29 Oct 2013
'We didn't spy on the Europeans, their OWN governments did', says NSA (but still no apology for tapping German chancellor Merkel's phone)
Gen. Keith Alexander, the National Security Agency director, says foreign governments spied on their own people and shared data with the U.S.
The NSA had been accused of snooping on 130.5 million phone calls in France and Spain, and keeping computerized records
Sen. Dianne Feinstein said newspapers in Europe 'got it all wrong'
Alexander's denial will fall heavily on the fugitive leaker Edward Snowden and his journalist cohorts, whom the NSA chief said 'did not understand what they were looking at'
The National Security Agency's director flatly denied as 'completely false' claims that U.S. intelligence agencies monitored tens of millions of phone calls in France and Spain during a month-long period beginning in late 2012.
Gen. Keith Alexander contradicted the news reports that said his NSA had collected data about the calls and stored it as part of a wide-ranging surveillance program, saying that the journalists who wrote them misinterpreted documents stolen by the fugitive leaker Edward Snowden.
And a key Democratic senator added that European papers that leveled the allegations 'got it all wrong' with respect to at least two countries – saying that it was those nations' intelligence services that collected the data and shared it with their U.S. counterparts as part of the global war on terror.
Protests: (Left to right) NSA Deputy Director Chris Inglis, NSA Director General Keith Alexander and DNI James Clapper look on as a protestor disrupts the Capitol Hill hearing
National Security Agency Director Gen. Keith Alexander testified Tuesday that the governments of France and Spain conducted surveillance on their own citizens' phone conversations, and then shared the intelligence data with the U.S.
On Monday newspapers in three countries published computer-screen images, reportedly provided by Snowden, showing what appeared to be data hoovered up by the United States from European citizens' phone calls.
But Alexander testified in a House Intelligence Committee hearing that 'those screenshots that show – or lead people to believe – that we, the NSA, or the U.S., collect that information is false.'
'The assertions by reporters in France, Spain and Italy that NSA collected tens of millions of phone calls are completely false,' Alexander said.
According to the French newspaper Le Monde and the Spanish daily El Mundo, the NSA had collected the records of at least 70 million phone calls in France and another 60.5 million in Spain between December and January.
Italy's L'Espresso magazine also alleged, with help from Snowden, that the U.S. was engaged in persistent monitoring of Italy's telecommunications networks.
General Alexander denied it all.
'To be perfectly clear, this is not information that we collected on European citizens. It represents information that we and our NATO allies have collected in defense of our countries and in support of military operations.'
Reporters, he added, 'cite as evidence screen shots of the results of a web tool used for data management purposes, but both they and the person who stole the classified data did not understand what they were looking at.'
President Barack Obama said he is instituting a complete review of U.S. intelligence procedures in the wake of stinging allegations that the NSA has been peeping on foreign leaders through their phones and email accounts
California Democratic Sen. Dianne Feinstein, who chairs the Senate Intelligence Committee, said Tuesday that 'the papers got it all wrong on the two programs, France and Germany.'
'This was not the United States collecting on France and Germany. This was France and Germany collecting. And it had nothing to do with their citizens, it had to do with collecting in NATO areas of war, like Afghanistan.'
Feinstein on Monday called for a complete review of all the U.S. intelligence community's spying programs, saying that 'Congress needs to know exactly what our intelligence community is doing.'
In the weekend's other intelligence bombshell, the U.S. stood accused of snooping on German Chancellor Angela Merkel's cell phone and spying on Mexican President Felipe Calderon's private emails.
But Director of National Intelligence James Clapper told the committee that spying on foreign leaders is nothing new.
'That's a hardy perennial,' he said, 'and as long as I've been in the intelligence business, 50 years, leadership intentions, in whatever form that's expressed, is kind of a basic tenet of what we are to collect and analyze.'
'It's one of the first things I learned in intel school in 1963,' he assured the members of Congress, saying that the U.S. routinely spies on foreign leaders to ascertain their intentions, 'no matter what level you're talking about. That can be military leaders as well.'
Clapper hinted that committee members had been briefed on such programs, saying that in cases where the NSA is surveilling foreign leaders, 'that should be reported to the committee … in considerable detail' as a 'significant' intelligence activity over which Congress has oversight.'
He added that 'we do only what the policymakers, writ large, have actually asked us to do.'
Republican committee chair Mike Rogers of Michigan began the hearing by acknowledging that 'every nation collects foreign intelligence' and 'that is not unique to the United States'.
Clapper pleaded with the panel to think carefully before restricting the government's ability to collect foreign intelligence, warning that they would be 'incurring greater risks' from overseas adversaries.
Gen. Alexander dispensed with his prepared statement and spoke 'from the heart,' saying that his agency would rather 'take the beatings' from reporters and the public 'than … give up a program' that would prevent a future attack on the nation.
The Wall Street Journal reported Tuesday afternoon that other U.S. officials had confirmed Alexander's version of events, and that the electronic spying in France and Spain was carried out by those nations' governments.
The resulting phone records, they said, were then shared with the NSA as part of a program aimed at keeping U.S. military personnel and civilians safe in areas of military conflict.
None of the nations involved would speak to the Journal about their own level of involvement in a scandal that initially touched only the U.S., but which now promises to embroil intelligence services on a global scale.
By David Martosko, U.s. Political Editor
PUBLISHED: 21:45 GMT, 29 October 2013 | UPDATED: 10:59 GMT, 30 October 2013
NSA Powerpoint Slides on BOUNDLESSINFORMANT
These 4 slides are from the powerpoint "BOUNDLESSINFORMANT: Describing Mission Capabilities from Metadata Records." They include the cover page and pages 3, 5, and 6 of the presentation. The powerpoint, leaked to the Guardian newspaper's Glenn Greenwald by Edward Snowden, was first released by the Guardian newspaper on June 8, 2013 at this web page: http://www.guardian.co.uk/world/interactive/2013/jun/08/nsa-boundless-informant-data-mining-slides
Also included with this collection is a "heat map" of parts of the world most subject to surveillance by Boundless Informant. This image was embedded in the Guardian's story, which described Boundless Informant as "the NSA's secret tool to track global surveillance data," which collected "almost 3 billion pieces of intelligence from US computer networks over a 30-day period ending in March 2013." http://www.theguardian.com/world/2013/jun/08/nsa-boundless-informant-global-datamining
UNCLASSIFIED//FOR OFFICIAL USE ONLY
BOUNDLESSINFORMANT – Frequently Asked Questions
(U/FOUO) Questions
1) What is BOUNDLESSINFORMANT! What is its purpose?
2) Who are the intended users of the tool?
3) What are the different views?
4) Where do you get your data?
5) Do you have all the data? What data is missing?
6) Why are you showing metadata record counts versus content?
7) Do you distinguish between sustained collect and survey collect?
8) What is the technical architecture for the tool?
9) What are some upcoming features/enhancements?
1 0) How are new features or views requested and prioritized?
1 1) Why are record counts different from other tools like ASDF and What's On Cover?
12) Why is the tool NOFORN? Is there a releasable version?
13) How do you compile your record counts for each country?
Note: This document is a work-in-progress and will be updated frequently as additional
questions and guidance are provided.
1) (U) What is BOUNDLESSINFORMANT? What is its purpose?
(U//FOUO) BOUNDLESSINFORMANT is a GAO prototype tool for a self-documenting SIGINT
system. The purpose of the tool is to fundamentally shift the manner in which GAO describes its
collection posture. BOUNDLESSINFORMANT provides the ability to dynamically describe GAO's
collection capabilities (through metadata record counts) with no human intervention and graphically
display the information in a map view, bar chart, or simple table. Prior to
BOUNDLESSINFORMANT, the method for understanding the collection capabilities of GAO's
assets involved ad hoc surveying of repositories, sites, developers, and/or programs and offices. By
extracting information from every DNI and DNR metadata record, the tool is able to create a near real-
time snapshot of GAO's collection capability at any given moment. The tool allows users to select a
country on a map and view the metadata volume and select details about the collection against that
country. The tool also allows users to view high level metrics by organization and then drill down to a
more actionable level – down to the program and cover term.
Sample Use Cases
• (U//FOUO) How many records are collected for an organizational unit (e.g. FORNSAT)?
• (U//FOUO) How many records (and what type) are collected against a particular country?
• (U//FOUO) Are there any visible trends for the collection?
• (U//FOUO) What assets collect against a specific country? What type of collection?
• (U//FOUO) What is the field of view for a specific site? What countriees does it collect
against? What type of collection?
2) (U) Who are the intended users of the tool?
• (U//FOUO) Mission and collection managers seeking to understand output characteristics
of a site based on what is being ingested into downstream repositories. .
(U//FOUO) Strategic Managers seeking to understand top level metrics at the
organization/office level or seeking to answer data calls on NSA collection capability.
BOUNDLESSINFORMANT – FAQ Page 1 o:
• (U//FOUO) Analysts looking for additional sites to task for coverage of a particular
technology within a specific country.
(U//FOUO) Map View – The Map View is designed to allow users to view overall DNI, DNR, or
aggregated collection posture of the agency or a site. Clicking on a country will show the collection
posture (record counts, type of collection, and contributing SIGADs or sites) against that particular
country in addition to providing a graphical display of record count trends. In order to bin the records
into a country, a normalized phone number (DNR) or an administrative region atom (DNI) must be
populated within the record. Clicking on a site (within the Site Specific view) will show the viewshed
for that site – what countries the site collects against.
(U//FOUO) Org View – The Organization View is designed to allow users to view the metadata record
counts by organizational structure (i.e. GAO – SSO – RAM-A – SPINNERET) all the way down to the
cover term. Since it's not necessary to have a normalized number or administrative region populated,
the numbers in the Org View will be higher than the numbers in the Map View.
(U//FOUO) Similarity View – The Similarity View is currently a placeholder view for an upcoming
feature that will graphically display sites that are similar in nature. This can be used to identify areas
for a de-duplication effort or to inform analysts of additional SIGADs to task for queries (similar to
Amazon's "if you like this item, you'll also like these" feature).
4) (U) Where do you get your data?
(U//FOUO) BOUNDLESSINFORMANT extracts metadata records from GM-PLACE post-
FALLOUT (DNI ingest processor) and post-TUSKATTIRE (DNR ingest processor). The records are
enriched with organization information (e.g. SSO, FORNSAT) and cover term. Every valid DNI and
DNR metadata record is aggregated to provide a count at the appropriate level. See the different views
question above for additional information.
5) (U) Do you have all the data? What data is missing?
• (U//FOUO) The tool resides on GM-PLACE which is only accredited up to TS//SI//NOFORN.
Therefore, the tool does not contain ECI or FISA data.
• (U//FOUO) The Map View only shows counts for records with a valid normalized number
(DNR) or administrative region atom (DNI).
• (U//FOUO) Only metadata records that are sent back to NSA-W through FASCIA or
FALLOUT are counted. Therefore, programs with a distributed data distribution system (e.g.
MUSCULAR and Terrestrial RF) are not currently counted.
• (U//FOUO) Only SIGINT records are currently counted. There are no ELINT or other "INT"
records included.
6) (U) Why are you showing metadata record counts versus content?
(U//FOUO)
7) (U ) Do you distin g uish between sustained collect and survey collect?
(U//FOUO) The tool currently makes no distinction between sustained collect and survey collect. This
feature is on the roadmap.
Click here for a graphical view of the tool's architecture
(U//FOUO) DNI metadata (ASDF), DNR metadata (FASCIA) delivered to Hadoop
Distributed File System (HDFS) on GM-PLACE
(U//FOUO) Use Java MapReduce job to transform/filter and enrich FASCIA/ASDF data with
business logic to assign organization rules to data
(U//FOUO) Bulk import of DNI/DNR data (serialized Google Protobuf objects) into
Cloudbase (enabled by custom aggregators)
(U//FOUO) Use Java web app (hosted via Tomcat) on MachineShop (formerly Turkey Tower)
to query Cloudbase
(U//FOUO) GUI triggers queries to CloudBase – GXT (ExtGWT)
• (U//FOUO) Add technology type (e.g. JUGGERNAUT, LOPER) to provide additional
granularity in the numbers
(U//FOUO) Add additional details to the Differential view
(U//FOUO) Refine the Site Specific view
(U//FOUO) Include CASN information
(U//FOUO) Add ability to export data behind any view (pddg,sigad,sysid,casn,tech,count)
(U//FOUO) Add in selected (vs. unselected) data indicators
(U//FOUO) Include filter for sustained versus survey collection
10) How are new features or views requested and prioritized?
(U//FOUO) The team uses Flawmill to accept user requests for additional functionality or
enhancements. Users are also allowed to vote on which functionality or enhancements are most
important to them (as well as add comments). The BOUNDLESSINFORMANT team will periodically
review all requests and triage according to level of effort (Easy, Medium, Hard) and mission impact
(High, Medium, Low). The team will review the queue with the project champion and government
steering committee to be added onto the BOUNDLESSINFORMANT roadmap.
1 1) Why are record counts different from other tools like ASDF and What's On
Cover?
(U//FOUO) There are a number of reasons why record counts may vary. The purpose of the tool is to
BOUNDLESSINFORMANT – FAQ
Page 3 o:
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Order of Battle of the CIA-NSA Special Collection Service (SCS)
The following page from an August 13, 2010 NSA powerpoint presentation on the joint CIA-NSA clandestine SIGINT unit known as the Special Collection Service (SCS) appeared on the Der Spiegel website last week. It has since be replaced by a heavily redacted version of the same page which deletes the locations of all SCS listening posts outside of Europe.
The page shows the locations of all SCS listening posts around the world as of August 2010, of which 74 were active, 3 were listed as being dormant, 14 were unmanned remote controlled stations, three sites were then being surveyed, and two were listed as being "technical support activities."
In Europe, SCS sites were located at Athens and embassy annex, Baku, Berlin, Budapest, RAF Croughton (UK), Frankfurt, Geneva, Kiev, Madrid, Milan, Moscow and embassy annex, Paris, Prague, Pristina, Rome, Sarajevo, Sofia, Tblisi, Tirana, Vienna and embassy annex, and Zagreb.
In Asia SCS were located at Bangkok and PSA, Beijing, Chengdu, Chiang Mai, Hong Kong, Jakarta, Kuala Lumpur, Manila, Phnom Penh, Rangoon, Shanghai, and Taipei.
In the Middle East and North Africa (MENA) region, SCS sites were located at Abu Dhabi, Algiers, Amman, Amarah, Ankara, Baghdad and embassy annex, Basrah, Beirut, Benghazi, Cairo, Damascus, Istanbul, Jeddah, Khartoum, Kirkuk, Kuwait City, Manama, Mosul, Riyadh, Sana'a, Sulaymaniyah, Talil(?), "Tehran-in-Exile", and Tripoli.
In South Asia, SCS sites were located at one site illegible, Islamabad, Herat, Kabul and embassy annex, Karachi, Lahore, New Delhi, and Peshawar.
In Africa, SCS sites were located inside the U.S. embassies in Abuja, Addis Ababa, Bamako, Lagos, Nairobi, Monrovia, Kinshasa, Lusaka, and Luanda.
In Central America and the Caribbean, SCS sites were located at Guadalajara, Guatemala City, Havana, Hermosillo, Managua, Mexico City, Monterrey, Panama City, San Jose, and Tegucigalpa.
And in South America, SCS sites were located in Brasilia, Bogota, Caracas, La Paz, Merida and Quito.
Any corrections to the above would be gratefully received.
Der Spiegel pdf
Der Spiegel unredacted image
Revealed: How Australia spies on its neighbours
Australia's electronic spy agency is using the nation's embassies to intercept phone calls and internet data in neighbouring countries, according to new information disclosed by intelligence whistleblower Edward Snowden and a former Australian intelligence officer.
The secret Defence Signals Directorate operates clandestine surveillance facilities at embassies without the knowledge of most Australian diplomats.
Fairfax Media has been told that signals intelligence collection occurs from Australian embassies in Jakarta, Bangkok, Hanoi, Beijing and Dili, the high commissions in Kuala Lumpur and Port Moresby and other diplomatic posts.
A secret US National Security Agency document leaked by Mr Snowden and published by Germany's Der Speigel magazine reveals a highly sensitive signals intelligence collection program conducted from US embassies and consulates and from the diplomatic missions of other "Five Eyes" intelligence partners, including Australia, Britain and Canada.
Codenamed STATEROOM, the collection program involves interception of radio, telecommunications and internet traffic.
The document says the DSD operates STATEROOM facilities at Australian diplomatic posts. It says the surveillance facilities are "small in size and in number of personnel staffing them".
"They are covert, and their true mission is not known by the majority of the diplomatic staff at the facility where they are assigned," it says.
The document says the DSD facilities are carefully concealed. "For example, antennas are sometimes hidden in false architectural features or roof maintenance sheds."
The Department of Foreign Affairs and Trade declined to comment on the potential diplomatic implications of the disclosure. A spokesperson said: "It is the long-standing practice of Australian governments not to comment on intelligence matters."
The leaked NSA document does not identify the location of the DSD facilities overseas. However, a former Australian defence intelligence officer told Fairfax Media that the directorate conducted surveillance from Australian embassies across Asia and the Pacific.
In June, the East Timorese government complained publicly about Australian spying, including communications interception and the bugging of government offices during negotiations on the Timor Gap oil and gas reserves.
The former intelligence officer said the interception facility at the Australian embassy in Jakarta played an important role in collecting intelligence on terrorist threats and people smuggling, "but the main focus is political, diplomatic and economic intelligence".
"The huge growth of mobile phone networks has been a great boon and Jakarta's political elite are a loquacious bunch. Even when they think their own intelligence services are listening they just keep talking," he said.
He said the Australian consulate in Denpasar, Bali, had also been used for intelligence collection.
Intelligence expert Des Ball said the DSD had long co-operated with the US in monitoring the Asia-Pacific region, including using listening posts in Australian embassies and consulates.
"Knowing what our neighbours are really thinking is important for all sorts of diplomatic and trade negotiations," Professor Ball told Fairfax Media.
"It's also necessary to map the whole of the telecommunications infrastructure in any area where we might one day have to conduct military operations so that we can make most use of our cyber warfare capabilities, however remote those contingencies might be, because you can't get that knowledge and build those capabilities once a conflict starts."
Meanwhile, Indonesian Foreign Minister Marty Natalegawa has demanded an explanation of news that the US embassy in Jakarta has been used to tap the phones of Indonesian officials.
"Indonesia cannot accept and strongly protests the news about the existence of tapping facilities at the US embassy in Jakarta," Mr Natalegawa said.
"We have spoken to the US embassy representative in Jakarta demanding an official explanation from the US government about the news. If it's confirmed, then it's not only a breach of security, but a serious breach of diplomatic norms and ethics, and of course it's not in line with the spirit of having a good relationship between the two countries."
Philip Dorling
Fairfax Media
Surveillance : la DGSE a transmis des données à la NSA américaine
Une semaine après les manifestations d'indignation exprimées par les autorités politiques françaises après les révélations du Monde sur l'ampleur des interceptions électroniques réalisées, en France, par l'Agence nationale de sécurité (NSA) américaine, de nouveaux éléments montrent que cette émotion pouvait être, en partie, feinte.
Mardi 29 octobre, devant la commission du renseignement de la Chambre des représentants, le chef de la NSA, le général Keith Alexander, a juré que les informations du Monde ainsi que celles d'El Mundo, en Espagne, et de L'Espresso, en Italie, sur l'interception de communications de citoyens européens par la NSA étaient « complètement fausses ». Il a précisé qu'il s'agissait de « données fournies à la NSA » par ces mêmes partenaires européens.
Quelques heures plus tôt, le quotidien américain The Wall Street Journal, s'appuyant sur des sources anonymes, affirmait que les 70,3 millions de données téléphoniques collectées en France, par la NSA, entre le 10 décembre 2012 et le 8 janvier 2013, ont été communiquées par les services français eux-mêmes. Ces éléments auraient été transmis, selon ce journal, conformément à un accord de coopération en matière de renseignement entre les Etats-Unis et la France.
UN ACCORD DE COOPÉRATION CONNU SOUS LE NOM DE « LUSTRE »
Ces informations, qui tendent à dédouaner la NSA de toute intrusion, ne permettent de progresser dans la compréhension de l'espionnage américain dans le monde qu'à condition de les mettre en résonance avec l'éclairage apporté, le 28 octobre, par la Süddeutsche Zeitung. La presse allemande a signalé, grâce à une note dévoilée par l'ex-consultant de la NSA Edward Snowden, l'existence d'un accord de coopération sur la surveillance entre la France et les Etats-Unis connu sous le nom de « Lustre ».
Selon nos informations, recueillies auprès d'un haut responsable de la communauté du renseignement en France, la direction des services extérieurs français, la DGSE, a, en effet, établi, à partir de la fin 2011 et début 2012, un protocole d'échange de données avec les Etats-Unis.
La France bénéficie d'un positionnement stratégique en matière de transport de données électroniques. Les câbles sous-marins par lesquels transitent la plupart des données provenant d'Afrique et d'Afghanistan atterrissent à Marseille et à Penmarc'h, en Bretagne. Ces zones stratégiques sont à la portée de la DGSE française, qui intercepte et stocke l'essentiel de ce flux entre l'étranger et la France.
"UN TROC ENTRE LA DIRECTION DE LA NSA ET CELLE DE LA DGSE"
« C'est un troc qui s'est institué entre la direction de la NSA et celle de la DGSE, explique la même source. On donne des blocs entiers sur ces zones et ils nous donnent, en contrepartie, des parties du monde où nous sommes absents, mais la négociation ne s'est pas effectuée en une fois, le périmètre du partage s'élargit au fil des discussions qui se prolongent encore aujourd'hui. »
Il paraît donc, a priori, en partie exact, qu'une partie des données téléphoniques transitant sur le sol français soit transmise, conformément aux accords de coopération, et sans tri préalable, par la DGSE à la NSA. Il s'agit donc de données concernant aussi bien des citoyens français recevant des communications de ces zones géographiques que d'étrangers utilisant ces canaux.
Il paraît peu probable que le gouvernement français, qui supervise le financement des infrastructures d'interception et de stockage de la DGSE, ne soit pas au courant de ces pratiques. Ce qui relativise la sincérité des récriminations françaises après l'annonce, par Le Monde, de ces interceptions américaines.
GÉOGRAPHIE SOUS-MARINE
L'absence de statut juridique clair des métadonnées en France et l'étrange discrétion de la Commission nationale de contrôle des interceptions de sécurité (CNCIS) paraissent, de plus, avoir facilité la transmission à la NSA par la DGSE de millions de données relevant de la vie privée de millions de Français.
Au regard de la quantité des interceptions réalisées en un seul mois, la justification avancée par les services de renseignement concernant des questions liées à la lutte contre le terrorisme peut également être sujette à caution.
D'après un responsable à Matignon, la France n'est pas la seule à « troquer » ainsi les données passant sur son territoire. Elle appartiendrait à « une amicale » qui comprend des pays tels qu'Israël, la Suède ou l'Italie, vers lesquels convergent également des câbles sous-marins stratégiques pour les Américains. Depuis 2011, une nouvelle redistribution des cartes de la coopération en matière de renseignement s'est ainsi réalisée sur le seul fondement de cette géographie sous-marine.
RESPONSABILITÉ DES AUTORITÉS POLITIQUES FRANÇAISES
Ces informations viennent donc préciser celles déjà publiées par Le Monde concernant la collecte, en un mois, par la NSA, de 70,3 millions de données téléphoniques concernant la France. Qu'une partie de ces informations soient transmises avec l'assentiment de la DGSE ne change en rien son caractère attentatoire aux libertés. Ce nouvel éclairage pose avant tout la responsabilité des autorités politiques françaises. Sollicitée sur cette coopération, la DGSE s'est refusée à tout commentaire.
Par ailleurs, Le Monde maintient, sur la base des documents dévoilés par Edward Snowden permettant de décrypter les tableaux d'interceptions de données téléphoniques et numériques à travers le monde, qu'il s'agit d'opérations « contre » un pays nommé. Dans ce cas précis, la France.
Un haut responsable du renseignement français, joint, mercredi matin, a admis, sous couvert d'anonymat, l'existence de « ces échanges de données ». Il a néanmoins démenti « catégoriquement » que la DGSE puisse transférer « 70,3 millions de données à la NSA ».
LE MONDE | 30.10.2013 à 12h51
Par Jacques Follorou
© Le Monde.fr
Que dit le document sur la surveillance téléphonique de la NSA en France ?
Le général Keith Alexander, le chef de la NSA, a mis en cause, mardi 29 octobre lors d'une audition devant la Chambre des représentants, les informations publiées par plusieurs journaux européens, dont Le Monde, sur la surveillance exercée par l'agence de renseignement dans leurs pays respectifs.
Que disent les autorités américaines ?
Selon Keith Alexander, les informations publiées par plusieurs journaux européens sont fondées sur des documents qui n'ont pas été "compris".
A l'instar du général américain, des sources anonymes ont affirmé au Wall Street Journal que ces documents, sur lesquels se sont appuyés les journaux européens, ne montrent pas des données interceptées par la NSA au sein de ces pays, mais des informations captées par les services de renseignement européens eux-mêmes, à l'extérieur de leurs frontières.
D'où vient ce document ?
Le document sur lequel Le Monde s'est appuyé pour ses révélations fait partie des documents exfiltrés de la NSA par l'ancien sous-traitant de l'agence Edward Snowden, auxquels nous a donné accès notre collaboration avec Glenn Greenwald.
Il est issu d'un logiciel, Boundless Informant, qui agrège et organise les données contenues dans les innombrables bases de données de la NSA et permet aux analystes de l'agence d'en avoir un aperçu en quelques clics. Son existence, ainsi que la carte du monde qui en est tirée et montre l'ampleur des données collectées pour chaque pays, a été révélée par le Guardian en juin.
Ce logiciel permet aussi d'afficher un récapitulatif par pays des données le concernant. C'est le cas du document reproduit par Le Monde, sur lequel nous nous sommes fondés pour évoquer le chiffre de près de 70,3 millions de données téléphoniques interceptées.
C'est également ce type de document que El Mundo en Espagne, L'Espresso en Italie et, avant eux, Der Spiegel en Allemagne ont utilisé pour étayer leurs révélations sur la surveillance.
Que montre-t-il ?
Le document montre clairement que 70 271 990 données téléphoniques concernant la France ont été incorporées dans les bases de données de l'agence entre le 10 décembre 2012 et le 8 janvier 2013.
Pour s'y retrouver dans les nombreux "tuyaux" qui lui fournissent les données, la NSA utilise une nomenclature spécifique. Ainsi, au bas du document que nous reproduisons, on apprend que le "canal" "US-985D" – celui qui fournit l'ensemble des 70 millions de données françaises – est alimenté via deux outils techniques : "DRTBOX" et "WHITEBOX". Le premier se taille la part du lion en récoltant près de 89 % des données affichées sur le document.
Extratit du document obtenu par "Le Monde"
Qu'est-ce qui reste flou ?
Selon la version défendue par les sources anonymes du Wall Street Journal et par Keith Alexander, ce document ne montre pas des données de Français interceptées par la NSA, mais des informations collectées par la France et ses services, en dehors du territoire hexagonal et visant avant tout des cibles non françaises. Autrement dit, les données sont-elles fournies par la France, ou sont-elles issues d'une surveillance de la France ? L'intitulé du document – "France, 30 derniers jours" – ne permet pas de trancher.
Extrait d'un document obtenu par "Le Monde"
L'existence des deux techniques d'interception "DRTBOX" et "WHITEBOX" pourrait accréditer l'existence d'un partenariat avec les services français, dont les informations du Monde fournissent la preuve.
Mais un document d'aide destiné aux analystes de la NSA répondant à leurs questions sur Boundless Informant permet, sinon de contredire, au moins de fortement nuancer l'hypothèse de la NSA, accréditant les informations du Monde. Publié par le site du Guardian en juin, il précise à plusieurs reprises que les informations qui y sont affichées sont issues de collecte "contre" les pays spécifiés.
Le document explique par exemple qu'"un clic sur un pays [depuis la carte] montre la posture de collecte (…) contre ce pays en particulier".
Extrait d'un document publié par le "Guardian". Le surlignage a été effectué par le "Monde".
Ailleurs, le document précise que "l'outil [Boundless Informant] permet à ses utilisateurs de selectionner un pays [ainsi que] les détails de la collecte contre ce pays", est-il ainsi écrit. La question "combien de données sont collectées contre un pays en particulier ?" figure, elle, dans les exemples de requêtes que peuvent formuler les analystes dans le logiciel. Enfin, il est fait mention des "capacités de collecte de la NSA" que les analystes peuvent évaluer grâce à Boundless Informant.
Comme Le Monde l'a écrit lors de ses révélations, les modalités techniques précises et le périmètre de cette surveillance sont inconnus.
Pourquoi les autorités américaines démentent-elles aujourd'hui ?
Il y a plusieurs semaines déjà, des médias partenaires de M. Greenwald ont utilisé des documents similaires à celui reproduit par Le Monde. Lorsque le Spiegel annonce que 500 millions de communications de citoyens allemands sont surveillées, il le fait en se fondant notamment sur un document issu de Boundless Informant. A l'époque, la NSA n'a ni commenté ni démenti ces informations.
De fait, ce démenti public formulé par Keith Alexander intervient alors que la pression politique, domestique et internationale, s'est considérablement accrue sur son agence.
Notons enfin que les informations concernant la surveillance d'intérêts économiques hexagonaux, tout comme celle d'importants diplomates, n'a pas été démentie par le chef de l'agence de renseignement américaine.
Le Monde.fr | 30.10.2013 à 18h39
Par Martin Untersinger
Codename "Lustre"; Frankreich liefert Informationen an britische und US-Geheimdienste
Während Hollande den jüngsten Lauschangriff heftig kritisiert, arbeitet Frankreich längst mit amerikanischen und britischen Geheimdiensten zusammen. Unter dem Codenamen "Lustre" hat die Regierung vor einiger Zeit einen Kooperationsvertrag geschlossen – sie ist damit nicht alleine.
Hollande kritisiert den Lauschangriff der US-Dienste und rückt näher an Merkel. Doch der Geheimdienst seines Landes arbeitet indes unter dem Codenamen "Lustre" mit dem Geheimdienstbündnis "Five Eyes" zusammen, dem neben den USA und Großbritannien auch Neuseeland, Kanada und Australien angehören. Paris liefert ihnen systematisch Informationen.
Frankreich hat ein entsprechendes Kooperationsabkommen – ein sogenanntes Drittparteiabkommen – geschlossen, wie aus Dokumenten des Whistleblowers Edward Snowden hervorgeht, die der Norddeutsche Rundfunk und die Süddeutsche Zeitung einsehen konnten.
Demnach kooperieren auch Israel (Codename Ruffle), Schweden (Codename Sardine) und Italien mit dem britischen und amerikanischen Geheimdienst. Die "Five Eyes"-Mitglieder sollen sich versprochen haben, sich nicht gegenseitig auszuspionieren. Das italienische Magazin L'Espresso berichtete unterdessen, dass Italiens Regierung ebenfalls von der NSA ausgespäht worden sein soll.
Von John Goetz und Frederik Obermaier
© Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH
The U.S. Has Been Spying on France Since Before the NSA Existed
On Monday, the news broke that the National Security Agency has been actively intercepting French telephone calls and email traffic — collecting over 70 million French calls in a single month, according to Le Monde.
Turns out this is only the latest surveillance operation in a long, long history of America spying on France. A newly declassified intelligence document reveals that the NSA and its antecedents have been intercepting French communications and breaking French codes and ciphers for more than 70 years.
Monday's Le Monde report may have generated enormous controversy in France, leading the French foreign minister to call in the U.S. ambassador and read him the riot act. But it's hardly a new development. American eavesdroppers began listening on France during World War II. They continued doing so during the Cold War. The NSA even spied on France during the run-up to the 2003 invasion of Iraq.
A 1947 top-secret code-word NSA document, titled "The General Cryptanalytic Problems," reveals that in April 1941, eight months before the Japanese attack on Pearl Harbor, a small U.S. Army code-breaking unit, headed by French linguist Herrick F. Bearce, began trying to solve the diplomatic codes and ciphers of the Vichy French regime headed by Marshal Philippe Pétain, which had actively collaborated with Nazi Germany since the fall of France in 1940. A few months earlier, in January 1941, U.S. Army and Navy listening posts had begun intercepting Vichy diplomatic radio traffic between France and its colonies in North and West Africa, Martinique, Madagascar, Indochina, French Guiana, Djibouti, and St. Pierre et Miquelon off the Canadian coast.
Success quickly followed, indicating that the French codes and ciphers were not particularly secure. The report shows that Bearce's cryptanalysts broke their first Vichy French code, designated FBT, shortly after the Pearl Harbor attack in mid-December 1941. The size of Bearce's section grew by leaps and bounds as his cryptanalysts, with considerable help from their counterparts in Britain and Canada, solved several dozen Vichy encryption systems with increasing ease. The Army continued to read all of the Vichy French codes and ciphers being used until Pétain's regime collapsed following the Allied landings in North Africa in November 1942. Within a matter of weeks, Vichy communications traffic disappeared from the airwaves except for occasional cables to the sole French colony controlled by Vichy in French Indochina (in what is now Vietnam, Laos, and Cambodia).
After Pétain's Vichy government collapsed, in April 1943 the U.S. Army code breakers turned their attention to the diplomatic codes and ciphers then being used by America's nominal ally, Gen. Charles de Gaulle's Free French government in exile, which was based in London but maintained embassies in the United States and elsewhere around the world. The report shows that in October 1943, the U.S. Army's French code-breaking specialists, then headed by Maj. William F. Edgerton, solved the first of de Gaulle's most important diplomatic cipher systems, designated FMD. In the months that followed, a half dozen other Free French diplomatic ciphers were solved.
With the solutions of these systems, decrypted French diplomatic traffic became the single most important source of intelligence information being produced by the U.S. Army's code-breaking unit after Germany and Japan. By the time Japan surrendered in August 1945, the U.S. Army's code breakers had broken or were working on the solution to 60 French diplomatic or military code and cipher systems, including nearly all of the high-level encryption systems used by de Gaulle and his top ministers to communicate with French diplomats and generals around the world.
The amount of intelligence information produced from decrypted French diplomatic traffic was enormous and incredibly valuable. For example, the French FMT diplomatic code, which the U.S. Army broke in February 1945, proved to be an intelligence bonanza for the United States since the messages encrypted in the system contained all of the high-level diplomatic traffic between Paris and the French delegation at an April 1945 conference in San Francisco that led to the establishment of the United Nations. In other words, the State Department officials at the San Francisco conference knew everything about the French negotiating positions even before the conference began.
But that is not the extent of the surprises contained in the newly declassified report. Buried all the way at the back of the document is a nine-page chapter titled simply "Assistance From Espionage," which describes in some detail how the FBI and the predecessor to the CIA, then known as the Office of Strategic Services (OSS), stole countless foreign code books and cipher materials in order to help the Army's code breakers at their work.
It turns out that much of the success enjoyed by the Army's code breakers against the French codes and ciphers during World War II was because FBI and OSS burglars repeatedly broke into French embassies in Washington, D.C., and elsewhere around the world to steal French cryptographic materials. These "black-bag jobs" proved to be enormously useful in allowing the Army to break French codes and ciphers. The report states (p. 302) that "The French Section has been the recipient of more compromised [stolen] material than any other language group [within the Army code-breaking organization]," with the document showing that FBI and OSS burglars surreptitiously copied at least nine French codes and ciphers between 1941 and 1945.
But this is only the beginning of a story that has yet to be told. It might surprise people to learn that the NSA and its partners in Britain, Canada, Australia, and New Zealand have never stopped intercepting French diplomatic and military communications, or trying to break French codes and ciphers, since the day Japan surrendered on Aug. 14, 1945. The NSA's intercept operators monitored French military communications in Indochina in the 1950s, as well as French military and diplomatic traffic during the Algerian insurgency in the 1960s. Much of what the U.S. intelligence community knew about the Israeli nuclear weapons program in the late 1950s and early 1960s came from intercepted French communications. And when the French government led the fight in the United Nations against the U.S. government's plans to invade Iraq in 2002 and 2003, the NSA was listening then as well.
France may be a friend and ally of the United States, but that means very little in the U.S. intelligence community, where spying on America's friends is as much a fact of life as spying on America's enemies. As senior U.S. intelligence officials are fond of saying, "We have no friends, only targets."
Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror and The Secret Sentry: The Untold History of the National Security Agency.
Posted By Matthew M. Aid
Tuesday, October 22, 2013 – 5:32 PM
©2013 The Slate Group, LLC.
US National Security Agency 'spied on French diplomats'
The US National Security Agency has spied on French diplomats in Washington and at the UN, according to the latest claims in Le Monde newspaper.
NSA internal memos obtained by Le Monde detailed the use of a sophisticated surveillance programme, known as Genie.
US spies allegedly hacked foreign networks, introducing the spyware into the software, routers and firewalls of millions of machines.
It comes a day after claims the NSA tapped millions of phones in France.
The details in the latest Le Monde article are based on leaks from ex-intelligence analyst Edward Snowden, through Glen Greenwald, the outgoing Guardian journalist, who is feeding the material from Brazil, says the BBC's Christian Fraser in Paris.
It comes on the day the US Secretary of State, John Kerry, is in London meeting foreign counterparts to discuss Syria.
'Spy implants'
The Le Monde report sets out details of Genie, an NSA surveillance programme in which spyware implants were introduced remotely to overseas computers, including foreign embassies.
It claims bugs were introduced to the French Embassy in Washington (under a code name "Wabash") and to the computers of the French delegation at the UN, codenamed "Blackfoot".
The article suggests that in 2011, the US allocated $652m (£402m) in funding for the programme, which was spent on "spy implants". Tens of millions of computers were reported to have been hacked that year.
A document dated August 2010 suggests intelligence stolen from foreign embassy computers ensured the US knew ahead of time the positions of other Security Council members, before a UN vote for a resolution imposing new sanctions on Iran.
The US was worried the French were drifting to the Brazilian side – who were opposed to implementing sanctions – when in truth they were always aligned to the US position, says our correspondent.
The intelligence agency quotes Susan Rice, then-US ambassador to the UN, who praises the work done by the NSA: "It helped me know… the truth, and reveal other [countries'] positions on sanctions, allowing us to keep one step ahead in the negotiations."
On Monday, Le Monde alleged that the NSA spied on 70.3 million phone calls in France between 10 December 2012 and 8 January 2013.
At a breakfast meeting with the US secretary of state on Tuesday, French Foreign Minister Laurent Fabius demanded a full explanation.
Referring to a telephone call between the French and US presidents, Mr Fabius told reporters: "I said again to John Kerry what Francois Hollande told Barack Obama, that this kind of spying conducted on a large scale by the Americans on its allies is something that is unacceptable."
Asked if France was considering reprisals against the US, government spokeswoman Najat Vallaud-Belkacem replied: "It is up to Foreign Minister Fabius to decide what line we take but I don't think there is any need for an escalation.
"We have to have a respectful relationship between partners, between allies. Our confidence in that has been hit but it is after all a very close, individual relationship that we have."
Both French officials made their comments before the latest revelations appeared in Le Monde.
Mr Snowden, a former NSA worker, went public with revelations about US spying operations in June.
The information he leaked led to claims of systematic spying by the NSA and CIA on a global scale.
Targets included rivals like China and Russia, as well as allies like the EU and Brazil.
The NSA was also forced to admit it had captured email and phone data from millions of Americans.
Mr Snowden is currently in Russia, where he was granted a year-long visa after making an asylum application.
The US wants him extradited to face trial on criminal charges.
22 October 2013 Last updated at 13:36 ET
© 2013 The BBC
NSA leaks: France summons US ambassador over phone surveillance revealed by Edward Snowden
Latest leaks from Edward Snowden say American agents recorded more than 70 million French phone calls in just 30 days – including those of politicians and businessmen
The French government has summoned the US ambassador in Paris to provide an explanation for fresh Edward Snowden revelations about the NSA.
According to reports this morning in Le Monde, the American National Security Agency recorded more than 70 million phone calls made France over the course of just 30 days.
If accurate, the reports are the latest indicator of the extraordinary reaching of US electronic spying, and come alongside the news that agents also hacked the email account of former Mexican president Felipe Calderon.
The French interior minister, Manuel Valls, told reporters at an EU meet in Luxembourg: "I have immediately summoned the US ambassador and he will be received this morning at the Quai d'Orsay [French Foreign Ministry]."
"Rules are obviously needed when it comes to new communication technologies, and that's something that concerns every country," he the Europe-1 radio station. "If a friendly country – an ally – spies on France or other European countries, that is completely unacceptable."
Le Monde's story, which included the byline of the outgoing Guardian journalist Glenn Greenwald, said that the communications of prominent businessmen and politicians were spied on alongside those of suspected security threats.
It said the NSA had targeted Orange and Alcatel-Lucent – two of the biggest network operators in France – and that it used keyword technology and lists of certain types of numbers to automatically pick up millions of records a day.
The 70.3 million pieces of data came from 10 December 2012 and 8 January 2013, and it was not made clear whether they included the full content of conversations or just the metadata – the information of who, when and where the call was made.
The programme of surveillance, codenamed US-985D, also reportedly stored millions of intercepted text messages.
The article followed reports in the German weekly Der Spiegel that the NSA accessed the email account of Felipe Calderon, the former Mexican president. Mexico said it would be seeking an explanation from US officials "as soon as possible".
Mr Snowden, a former contractor with the NSA who first went public about US surveillance techniques in June, warned then that he had gigabytes of data full of other revelations, to be released over time.
He is currently a refugee at an unknown location in Russia, after he was granted one year's asylum on the condition, president Vladimir Putin said, that he stop leaking US secrets.
It is not known whether today's revelations come straight from Mr Snowden himself, or if they are part of a large stock of data given in bulk to journalists at an earlier date.
The US has, as with other Snowden stories, refused to comment on what it calls confidential information.
Officials nonetheless referred Le Monde to a statement made in June, in which US director of national intelligence James Clapper defended the NSA's programmes.
"They are lawful and conducted under authorities widely known and discussed, and fully debated and authorised by Congress," he said. "Their purpose is to obtain foreign intelligence information, including information necessary to thwart terrorist and cyber-attacks against the United States and its allies."
Adam Withnall
France in the NSA's crosshair : phone networks under surveillance
The future will perhaps tell us one day why France has remained so discreet in comparison with Germany or Brazil, for example, after the first revelations about the extent of the American electronic espionage programmes in the world as revealed by Edward Snowden, the ex-employee of an NSA (National Security Agency) sub-contractor. France was also concerned and today has at its disposition tangible proof that its interests are targeted on a daily basis.
According to the documents retrieved from the NSA database by its ex-analyst, telephone communications of French citizens are intercepted on a massive scale. Le Monde has been able to obtain access to documents which describe the techniques used to violate the secrets or simply the private life of French people. Some elements of information about this espionage have been referred to by Der Speigel and The Guardian, but others are, to date, unpublished.
Amongst the thousands of documents extracted from the NSA by its ex-employee there is a graph which describes the extent of telephone monitoring and tapping (DNR – Dial Number Recognition) carried out in France. It can be seen that over a period of thirty days – from 10 December 2012 to 8 January 2013, 70,3 million recordings of French citizens' telephone data were made by the NSA. This agency has several methods of data collection. According to the elements obtained by Le Monde, when a telephone number is used in France, it activates a signal which automatically triggers the recording of the call. Apparently this surveillance system also picks up SMS messages and their content using key words. Finally, the NSA apparently stores the history of the connections of each target – or the meta-data.
This espionage is listed under the programme US-985D. The precise explanation of this acronym has not been provided, to date, by the Snowden documents nor by the former members of the NSA. By way of comparison, the acronyms used by the NSA for the same type of interception targeting Germany are US-987LA and US-987LB. According to some sources, this series of numbers corresponds to the circle referred to by the United States as the 'third party', to which belong France, Germany but also Austria, Poland or again Belgium. 'The second party' concerns the English-speaking countries historically close to Washington: the United Kingdom, Canada, Australia and New Zealand – this group is known by the name the 'five eyes'. 'The first party' concerns the sixteen American secret services of which today the NSA has become the most important, according to a senior official from the French Intelligence community.
The techniques used for these interceptions appear under the codenames 'DRTBOX' and 'WHITEBOX'. Their characteristics are not known either. But we do know that, thanks to DRTBOX, 62.5 million data were collected in France and that WHITEBOX enables the recording of 7.8 million elements. The documents which Le Monde has been able to see have not enabled the provision of further details on these methods. But they give sufficient explanation to lead us to think that the NSA targets concerned both people suspected of association with terrorist activities as well as people targeted simply because they belong to the worlds of business, politics or French state administration.
The NSA graph shows an average of 3 million data intercepts per day with peaks at almost 7 million on 24 December 2012 and 7 January 2013. But between 28 and 31 December no interception seems to have taken place. This apparent stoppage of activity could be explained, in particular, by the time required at the end of December 2012, for the American Congress to renew section 702 of the law dealing with electronic espionage abroad. Similarly nothing appears on the 3, 5 and 6 January 2013; this time we cannot suggest any plausible reason. Many questions are still posed by this diagram – to start with the precise identity of the targets and the justifications for such a large-scale collection of data in a foreign country which is both sovereign and an ally.
When questioned, the American authorities did not wish to comment on these documents which they considered to be 'classified'. Nevertheless, they do refer to the statement made on 8 June 2013 by the Director of National Intelligence according to which, 'the government cannot target anyone under the court-approved procedures for Section 702 collection unless there is an appropriate, and document foreign intelligence purpose for the acquisition (such as for the prevention of terrorism, hostile cyber activities, or nuclear proliferation) and the foreign target is reasonably believed to be outside the United States. We cannot target even foreign persons overseas without a valid foreign intelligence purpose.
France is not the country in which the NSA intercepts the most digital or telephone connections. The 'Boundless Informant' system, revealed in June by Edward Snowden to the British daily The Guardian, enabled an overall vision and in real time of the information gathered throughout the world, by means of the various NSA wire-tapping systems. This system gathers not only telephone data (DNR) but also digital data (DNI Digital Network Intelligence). One of the documents which Le Monde was able to consult notes that between 8 February and 8 March 2013, the NSA collected, throughout the world, 124,8 billion telephone data items and 97,1 billion computer data items. In Europe, only Germany and the United Kingdom exceed France in terms of numbers of interceptions.
Le Monde.fr
21.10.2013 à 06h08
Par Jacques Follorou et Glenn Greenwald (Journaliste)
Was ISRAEL behind the hacking of millions of French phones and NOT the U.S.? Extraordinary twist in spying saga revealed
Agents said to have intercepted 70 million calls and text messages a month
France had previously blamed the United States of America
U.S. was first suspected of hacking into Nicolas Sarkozy's phone in 2012
Americans insisted they have never been behind hacking in France
Comes after it emerged German officials are planning trip to U.S. to discuss allegations Angela Merkel's phone was hack by the NSA
The German Chancellor said President Obama's reputation has been shattered on an international scale because of espionage scandal
Israel and not America was behind the hacking of millions of French phones, it was claimed today.
In the latest extraordinary twist in the global eavesdropping scandal, Israeli agents are said to have intercepted more than 70 million calls and text messages a month.
Up until now the French have been blaming the U.S., even summoning the country's Paris ambassador to provide an explanation.
France first suspected the U.S. of hacking into former president Nicolas Sarkozy's communications network when he was unsuccessfully trying for re-election in 2012
But today's Le Monde newspaper provides evidence that it was in fact Israeli agents who were listening in.
France first suspected the U.S. of hacking into former president Nicolas Sarkozy's communications network when he was unsuccessfully trying for re-election in 2012.
Intelligence officials Bernard Barbier and Patrick Pailloux travelled from Paris to Washington to demand an explanation, but the Americans hinted that the Israelis were to blame.
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Cameron attacks 'lah-di-dah, airy-fairy' ideas about spy agencies, as he reveals his own mobile was NOT targeted by the US
The Americans insisted they have never been behind any hacking in France, and were always keen to get on with the French, whom they viewed as some of their closest allies.
They were so determined to be friends with the French, that U.S. briefing notes included details of how to pronounce the names of the Gallic officials.
A note published in Le Monde shows that the Americans refused to rule out Mossad, Israel's notoriously uncompromising intelligence agency, or the ISNU, Israel's cyber-intelligence unit.
Today's newspaper report was co-written by Glenn Greenwald, whose main contact is NSA whistleblower Edward Snowden (pictured)
Tailored Access Operations (TAO), the branch of the US National Security Agency (NSA) which deals with cyber-attacks, is referred to throughout the note.
It reads: 'TAO intentionally did not ask either Mossad or ISNU whether they were involved as France is not an approved target for joint discussions.'
Le Monde's article, co-authored by U.S. journalist Glenn Greenwald, whose main contact is NSA whistleblower Edward Snowden, however, hints that the Israelis were doing the spying.
Both US and French intelligence work closely with Mossad, but there is known to be a great deal of suspicion between all the agencies.
A 2008 NSA note says that the Israelis are 'excellent partners in terms of sharing information', but it also says that Mossad is 'the third most aggressive intelligence service in the world against the United States'.
A spokesman for the Israeli government told Le Monde: 'Israel is a country which is a friend, ally and partner of France and does not carry out any hostile activity which could pose a threat to its security.'
France has complained in the past about Mossad's use of its soil to plan so called black operations including the 2010 assassination in Dubai of Mahmoud Al-Mabhouh of the Palestinian movement Hamas.
The revelation comes after senior German officials said they would be travelling to the U.S. 'shortly' to talk about allegations the NSA bugged Angela Merkel's phone.
Obama orders review of surveillance activities
Anger: German Chancellor Angela Merkel (left) and Brazil's Dilma Rousseff (right) have both voiced concerns over the NSA's infiltration of the online communications of foreigners
The heads of Germany's foreign and domestic intelligence agencies will participate in high-level discussions with the White House and National Security Agency, government spokesman Georg Streiter said.
News of the talks signals an escalation in the diplomatic tensions between the U.S. and its allies after it was claimed the NSA had monitored the calls of 35 world leaders.
Brazil and Germany have joined forces in an attempt to pile pressure on the United Nations to rein in the snooping activities. They want a UN General Resolution that promotes the right to online privacy.
This step, the first major international response to the NSA's infiltration of the online communications of foreigners, comes after German Chancellor Merkel said the recent U.S. espionage scandal has shattered international trust in Barack Obama.
Angela Merkel said the recent espionage scandal has shattered international trust in President Obama
Not hacked: The White House has denied that David Cameron's communications were ever monitored
A month earlier Brazil's president Dilma Rousseff branded the NSA's clandestine activities 'a breach of international law' in a speech to the UN General Assembly and demanded steps be made to stop 'cyberspace from being used as a weapon of war'.
Brazilian and German diplomats met in New York yesterday to thrash out a draft resolution demanding the strengthening of privacy rights in the International Covenant Civil and Political Rights.
While the UN has no real power to reign in the NSA, there are fears among security experts that the effort alone could signal a growing consensus to freeze the US out of future international security dialogues.
By Nabila Ramdani
France feared US hacked president, was Israel involved?
AFP – France believed the United States attempted to hack into its president's communications network, a leaked US intelligence document published on Friday suggests.
US agents denied having anything to do with a May 2012 cyber attack on the Elysee Palace, the official residence of French presidents, and appeared to hint at the possible involvement of Mossad, Israel's intelligence agency, a classified internal note from the US National Security Agency suggests.
Extracts from the document, the latest to emerge from the NSA via former contractor Edward Snowden, were published by Le Monde newspaper alongside an article jointly authored by Glenn Greenwald, the US journalist who has been principally responsible for a still-unravelling scandal over large-scale US snooping on individuals and political leaders all over the world.
The document is a briefing note prepared in April this year for NSA officials who were due to meet two senior figures from France's external intelligence agency, the DGSE. The French agents had travelled to Washington to demand explanations over their discovery in May 2012 of attempts to compromise the Elysee's communications systems.
The note says that the branch of the NSA which handles cyber attacks, Tailored Access Operations (TAO), had confirmed that it had not carried out the attack and says that most of its closest allies (Australia, Britain, Canada and New Zealand) had also denied involvement.
It goes on to note: "TAO intentionally did not ask either Mossad or (Israel's cyber intelligence unit) ISNU whether they were involved as France is not an approved target for joint discussions."
Le Monde interpreted this sentence as being an ironic reference to a strong likelihood that Mossad had been behind the attack.
The cyber attacks on the Elysee took place in the final weeks of Nicolas Sarkozy's term, between the two rounds of the presidential election which he ended up losing to Francois Hollande.
The attacks had been previously reported by French media, who have described them as an attempt to insert monitoring devices into the system but it remains unclear whether the presidential networks were compromised for any time.
There was no immediate response from the Elysee on Friday when asked for comment by AFP.
Sarkozy enjoyed warmer relations with the United States than any French president of recent times, to the extent that the media sometimes referred to him as "Sarko the American."
The revelations about the Elysee attacks followed damaging revelations that the US had tapped the mobile phone of German Chancellor Angela Merkel and spied on other allies.
"Spying between friends, that's just not done," Merkel said Thursday at the start of a summit of European Union leaders which has been overshadowed by the issue.
On a lighter note, the leaked document published by Le Monde on Friday underlines that NSA officials were anxious not to cause any further offence to their angry French counterparts.
Along with the technical details, the briefing note contains a phonetic guide to the pronunciation of the names of the French visitors.
They included DGSE technical director Bernard Barbier, who was to be addressed as bear-NAR bur-BYAY, and Patrick Pailloux, or pah-TREEK pie-YOO.
25 OCTOBER 2013 – 12H58
© 2006 – 2013 Copyright FRANCE 24. All rights reserved
NSA Targeted French Foreign Ministry
Espionage by the US on France has already strained relations between the two countries, threatening a trans-Atlantic trade agreement. Now a document seen by SPIEGEL reveals that the NSA also spied on the French Foreign Ministry.
America's National Security Agency (NSA) targeted France's Foreign Ministry for surveillance, according to an internal document seen by SPIEGEL.
Dated June 2010, the "top secret" NSA document reveals that the intelligence agency was particularly interested in the diplomats' computer network. All of the country's embassies and consulates are connected with the Paris headquarters via a virtual private network (VPN), technology that is generally considered to be secure.
Accessing the Foreign Ministry's network was considered a "success story," and there were a number of incidents of "sensitive access," the document states.
An overview lists different web addresses tapped into by the NSA, among them "diplomatie.gouv.fr," which was run from the Foreign Ministry's server. A list from September 2010 says that French diplomatic offices in Washington and at the United Nations in New York were also targeted, and given the codenames "Wabash" and "Blackfoot," respectively. NSA technicians installed bugs in both locations and conducted a "collection of computer screens" at the one at the UN.
A priority list also names France as an official target for the intelligence agency. In particular, the NSA was interested in the country's foreign policy objectives, especially the weapons trade, and economic stability.
US-French relations are being strained by such espionage activities. In early July, French President François Hollande threatened to suspend negotiations for a trans-Atlantic free trade agreement, demanding a guarantee from the US that it would cease spying after it was revealed that the French embassy in Washington had been targeted by the NSA.
"There can be no negotiations or transactions in all areas until we have obtained these guarantees, for France but also for all of the European Union, for all partners of the United States," he said at the time.
The NSA declined to comment to SPIEGEL on the matter. As details about the scope of the agency's international spying operations continue to emerge, Washington has come under increasing pressure from its trans-Atlantic partners. Officials in Europe have expressed concern that negotiations for the trade agreement would be poisoned by a lack of trust.
Find this story at 1 September 2013
© SPIEGEL ONLINE 2013
US also eavesdrops on Israel, says former Mossad head
Americans want to know what Netanyahu is thinking about Iran, Palestinian issues, says Danny Yatom; follows reports NSA listened in to 35 world leaders
A day after it was revealed that the US National Security Agency monitored the private conversations of some 35 world leaders, former head of the Mossad Danny Yatom said Friday that the US listens in on its ally Israel as well.
"I can tell you with certain knowledge that [America] has been listening in on its allies, including Israel," Yatom said, and "not necessarily in [Benjamin] Netanyahu's tenure" as prime minister.
"The US doesn't really care about anyone [but itself] and the Americans are vehemently denying the incidents," Yatom told the Israeli daily Maariv on Friday. "It could very well be that these things [monitoring calls] are happening here [in Israel] too. When the Americans think they need to listen in on someone, they'll do just that."
Yatom explained that there are two issues around which the Americans are likely spying on Israel — negotiations with Palestinians and the Iranian nuclear program.
"It is important for them to know what Prime Minister Benjamin Netanyahu really thinks… They have interests here because they want to be able to contend with Israeli claims that arise when talking about these issues," the ex-Mossad chief said.
Yatom also stressed that the US seeks to obtain information on Israel's "real" position vis-a-vis-negotiations and what obstacles stand in the way of advancing peace talks.
He also criticized the US for misusing its power as a world leader.
"The Americans rightly see themselves as a superpower, but wrongly feel that they can do whatever they want, including the eavesdropping," he said.
Yatom served from 1996-1998 as head of the Mossad. The Israeli intelligence agency is smarting from recent reports that Turkey deliberately exposed a ring of Israeli agents in Iran, and further reports that US did not sanction or protest to Turkey over this alleged betrayal. Yatom has been particularly outspoken over the matter.
Yatom's statements came a day after the the British newspaper The Guardian said it had obtained a confidential memo suggesting the NSA was able to monitor 35 world leaders' communications in 2006.
The memo said the NSA encouraged senior officials at the White House, Pentagon and other agencies to share their contacts so the spy agency could add foreign leaders' phone numbers to its surveillance systems, the report said.
The report drew furious reactions in Germany, Spain — both of whom summoned the US ambassador in their countries for talks over the report — and France.
European Union leaders, meeting Friday at a summit in Brussels, vowed to maintain a strong trans-Atlantic partnership despite their anger over allegations of widespread US spying on allies. Still, France and Germany are insisting the United States agree upon new surveillance rules with them this year to stop US eavesdropping on their leaders, innocent civilians and companies.
"We are seeking a basis for cooperation between our (intelligence) services, which we all need and from which we have all received a great deal of information … that is transparent, that is clear and is in keeping with the character of being partners," German Chancellor Angela Merkel told reporters.
"The United States and Europe are partners, but this partnership must be built on trust and respect," Merkel said early Friday. "That of course also includes the work of the respective intelligence services."
Several European leaders noted Friday that the continent's close political and commercial ties to the US must be protected as EU nations demand more assurances from the Obama administration.
"What is at stake is preserving our relations with the United States," said French President Francois Hollande. "Trust has to be restored and reinforced."
"The main thing is that we look to the future. The trans-Atlantic partnership was and is important," said Lithuanian President Dalia Grybauskaite, whose nation holds the rotating presidency of the 28-country bloc.
Merkel complained to President Barack Obama on Wednesday after her government received information that her cellphone may have been monitored. Merkel and Hollande insisted that, beyond being fully briefed on what happened in the past, the European allies and Washington need to set up common rules for US surveillance that does not impede the fundamental rights of its allies.
Lazar Berman and AP contributed to this report.
By Times of Israel staff October 25, 2013, 7:50 pm 13
© 2013 The Times of Israel, All rights reserved
No Morsel Too Minuscule for All-Consuming N.S.A.
When Ban Ki-moon, the United Nations secretary general, sat down with President Obama at the White House in April to discuss Syrian chemical weapons, Israeli-Palestinian peace talks and climate change, it was a cordial, routine exchange.
The National Security Agency nonetheless went to work in advance and intercepted Mr. Ban's talking points for the meeting, a feat the agency later reported as an "operational highlight" in a weekly internal brag sheet. It is hard to imagine what edge this could have given Mr. Obama in a friendly chat, if he even saw the N.S.A.'s modest scoop. (The White House won't say.)
But it was emblematic of an agency that for decades has operated on the principle that any eavesdropping that can be done on a foreign target of any conceivable interest — now or in the future — should be done. After all, American intelligence officials reasoned, who's going to find out?
From thousands of classified documents, the National Security Agency emerges as an electronic omnivore of staggering capabilities, eavesdropping and hacking its way around the world to strip governments and other targets of their secrets, all the while enforcing the utmost secrecy about its own operations. It spies routinely on friends as well as foes, as has become obvious in recent weeks; the agency's official mission list includes using its surveillance powers to achieve "diplomatic advantage" over such allies as France and Germany and "economic advantage" over Japan and Brazil, among other countries.
Mr. Obama found himself in September standing uncomfortably beside the president of Brazil, Dilma Rousseff, who was furious at being named as a target of N.S.A. eavesdropping. Since then, there has been a parade of such protests, from the European Union, Mexico, France, Germany and Spain. Chagrined American officials joke that soon there will be complaints from foreign leaders feeling slighted because the agency had not targeted them.
James R. Clapper Jr., the director of national intelligence, has repeatedly dismissed such objections as brazen hypocrisy from countries that do their own share of spying. But in a recent interview, he acknowledged that the scale of eavesdropping by the N.S.A., with 35,000 workers and $10.8 billion a year, sets it apart. "There's no question that from a capability standpoint we probably dwarf everybody on the planet, just about, with perhaps the exception of Russia and China," he said.
Since Edward J. Snowden began releasing the agency's documents in June, the unrelenting stream of disclosures has opened the most extended debate on the agency's mission since its creation in 1952. The scrutiny has ignited a crisis of purpose and legitimacy for the N.S.A., the nation's largest intelligence agency, and the White House has ordered a review of both its domestic and its foreign intelligence collection. While much of the focus has been on whether the agency violates Americans' privacy, an issue under examination by Congress and two review panels, the anger expressed around the world about American surveillance has prompted far broader questions.
If secrecy can no longer be taken for granted, when does the political risk of eavesdropping overseas outweigh its intelligence benefits? Should foreign citizens, many of whom now rely on American companies for email and Internet services, have any privacy protections from the N.S.A.? Will the American Internet giants' collaboration with the agency, voluntary or otherwise, damage them in international markets? And are the agency's clandestine efforts to weaken encryption making the Internet less secure for everyone?
Matthew M. Aid, an intelligence historian and author of a 2009 book on the N.S.A., said there is no precedent for the hostile questions coming at the agency from all directions.
"From N.S.A.'s point of view, it's a disaster," Mr. Aid said. "Every new disclosure reinforces the notion that the agency needs to be reined in. There are political consequences, and there will be operational consequences."
A review of classified agency documents obtained by Mr. Snowden and shared with The New York Times by The Guardian, offers a rich sampling of the agency's global operations and culture. (At the agency's request, The Times is withholding some details that officials said could compromise intelligence operations.) The N.S.A. seems to be listening everywhere in the world, gathering every stray electron that might add, however minutely, to the United States government's knowledge of the world. To some Americans, that may be a comfort. To others, and to people overseas, that may suggest an agency out of control.
The C.I.A. dispatches undercover officers overseas to gather intelligence today roughly the same way spies operated in biblical times. But the N.S.A., born when the long-distance call was a bit exotic, has seen its potential targets explode in number with the advent of personal computers, the Internet and cellphones. Today's N.S.A. is the Amazon of intelligence agencies, as different from the 1950s agency as that online behemoth is from a mom-and-pop bookstore. It sucks the contents from fiber-optic cables, sits on telephone switches and Internet hubs, digitally burglarizes laptops and plants bugs on smartphones around the globe.
Mr. Obama and top intelligence officials have defended the agency's role in preventing terrorist attacks. But as the documents make clear, the focus on counterterrorism is a misleadingly narrow sales pitch for an agency with an almost unlimited agenda. Its scale and aggressiveness are breathtaking.
The agency's Dishfire database — nothing happens without a code word at the N.S.A. — stores years of text messages from around the world, just in case. Its Tracfin collection accumulates gigabytes of credit card purchases. The fellow pretending to send a text message at an Internet cafe in Jordan may be using an N.S.A. technique code-named Polarbreeze to tap into nearby computers. The Russian businessman who is socially active on the web might just become food for Snacks, the acronym-mad agency's Social Network Analysis Collaboration Knowledge Services, which figures out the personnel hierarchies of organizations from texts.
The spy agency's station in Texas intercepted 478 emails while helping to foil a jihadist plot to kill a Swedish artist who had drawn pictures of the Prophet Muhammad. N.S.A. analysts delivered to authorities at Kennedy International Airport the names and flight numbers of workers dispatched by a Chinese human smuggling ring.
The agency's eavesdropping gear, aboard a Defense Department plane flying 60,000 feet over Colombia, fed the location and plans of FARC rebels to the Colombian Army. In the Orlandocard operation, N.S.A. technicians set up what they called a "honeypot" computer on the web that attracted visits from 77,413 foreign computers and planted spyware on more than 1,000 that the agency deemed of potential future interest.
The Global Phone Book
No investment seems too great if it adds to the agency's global phone book. After mounting a major eavesdropping effort focused on a climate change conference in Bali in 2007, agency analysts stationed in Australia's outback were especially thrilled by one catch: the cellphone number of Bali's police chief.
"Our mission," says the agency's current five-year plan, which has not been officially scheduled for declassification until 2032, "is to answer questions about threatening activities that others mean to keep hidden."
The aspirations are grandiose: to "utterly master" foreign intelligence carried on communications networks. The language is corporate: "Our business processes need to promote data-driven decision-making." But the tone is also strikingly moralistic for a government bureaucracy. Perhaps to counter any notion that eavesdropping is a shady enterprise, signals intelligence, or Sigint, the term of art for electronic intercepts, is presented as the noblest of callings.
"Sigint professionals must hold the moral high ground, even as terrorists or dictators seek to exploit our freedoms," the plan declares. "Some of our adversaries will say or do anything to advance their cause; we will not."
The N.S.A. documents taken by Mr. Snowden and shared with The Times, numbering in the thousands and mostly dating from 2007 to 2012, are part of a collection of about 50,000 items that focus mainly on its British counterpart, Government Communications Headquarters or G.C.H.Q.
While far from comprehensive, the documents give a sense of the agency's reach and abilities, from the Navy ships snapping up radio transmissions as they cruise off the coast of China, to the satellite dishes at Fort Meade in Maryland ingesting worldwide banking transactions, to the rooftops of 80 American embassies and consulates around the world from which the agency's Special Collection Service aims its antennas.
The agency and its many defenders among senior government officials who have relied on its top secret reports say it is crucial to American security and status in the world, pointing to terrorist plots disrupted, nuclear proliferation tracked and diplomats kept informed.
But the documents released by Mr. Snowden sometimes also seem to underscore the limits of what even the most intensive intelligence collection can achieve by itself. Blanket N.S.A. eavesdropping in Afghanistan, described in the documents as covering government offices and the hide-outs of second-tier Taliban militants alike, has failed to produce a clear victory against a low-tech enemy. The agency kept track as Syria amassed its arsenal of chemical weapons — but that knowledge did nothing to prevent the gruesome slaughter outside Damascus in August.
The documents are skewed toward celebration of the agency's self-described successes, as underlings brag in PowerPoints to their bosses about their triumphs and the managers lay out grand plans. But they do not entirely omit the agency's flubs and foibles: flood tides of intelligence gathered at huge cost that goes unexamined; intercepts that cannot be read for lack of language skills; and computers that — even at the N.S.A. — go haywire in all the usual ways.
Mapping Message Trails
In May 2009, analysts at the agency learned that Iran's supreme leader, Ayatollah Ali Khamenei, was to make a rare trip to Kurdistan Province in the country's mountainous northwest. The agency immediately organized a high-tech espionage mission, part of a continuing project focused on Ayatollah Khamenei called Operation Dreadnought.
Working closely with the National Geospatial-Intelligence Agency, which handles satellite photography, as well as G.C.H.Q., the N.S.A. team studied the Iranian leader's entourage, its vehicles and its weaponry from satellites, and intercepted air traffic messages as planes and helicopters took off and landed.
They heard Ayatollah Khamenei's aides fretting about finding a crane to load an ambulance and fire truck onto trucks for the journey. They listened as he addressed a crowd, segregated by gender, in a soccer field.
They studied Iranian air defense radar stations and recorded the travelers' rich communications trail, including Iranian satellite coordinates collected by an N.S.A. program called Ghosthunter. The point was not so much to catch the Iranian leader's words, but to gather the data for blanket eavesdropping on Iran in the event of a crisis.
This "communications fingerprinting," as a document called it, is the key to what the N.S.A. does. It allows the agency's computers to scan the stream of international communications and pluck out messages tied to the supreme leader. In a crisis — say, a showdown over Iran's nuclear program — the ability to tap into the communications of leaders, generals and scientists might give a crucial advantage.
On a more modest scale, the same kind of effort, what N.S.A. calls "Sigint development," was captured in a document the agency obtained in 2009 from Somalia — whether from a human source or an electronic break-in was not noted. It contained email addresses and other contact details for 117 selected customers of a Mogadishu Internet service, Globalsom.
While most on the list were Somali officials or citizens, presumably including some suspected of militancy, the document also included emails for a United Nations political officer in Mogadishu and a local representative for the charity World Vision, among other international institutions. All, it appeared, were considered fair game for monitoring.
This huge investment in collection is driven by pressure from the agency's "customers," in government jargon, not only at the White House, Pentagon, F.B.I. and C.I.A., but also spread across the Departments of State and Energy, Homeland Security and Commerce, and the United States Trade Representative.
By many accounts, the agency provides more than half of the intelligence nuggets delivered to the White House early each morning in the President's Daily Brief — a measure of success for American spies. (One document boasts that listening in on Nigerian State Security had provided items for the briefing "nearly two dozen" times.) In every international crisis, American policy makers look to the N.S.A. for inside information.
Pressure to Get Everything
That creates intense pressure not to miss anything. When that is combined with an ample budget and near-invisibility to the public, the result is aggressive surveillance of the kind that has sometimes gotten the agency in trouble with the Foreign Intelligence Surveillance Court, a United States federal court that polices its programs for breaches of Americans' privacy.
In the funding boom that followed the Sept. 11 attacks, the agency expanded and decentralized far beyond its Fort Meade headquarters in Maryland, building or expanding major facilities in Georgia, Texas, Colorado, Hawaii, Alaska, Washington State and Utah. Its officers also operate out of major overseas stations in England, Australia, South Korea and Japan, at overseas military bases, and from locked rooms housing the Special Collection Service inside American missions abroad.
The agency, using a combination of jawboning, stealth and legal force, has turned the nation's Internet and telecommunications companies into collection partners, installing filters in their facilities, serving them with court orders, building back doors into their software and acquiring keys to break their encryption.
But even that vast American-run web is only part of the story. For decades, the N.S.A. has shared eavesdropping duties with the rest of the so-called Five Eyes, the Sigint agencies of Britain, Canada, Australia and New Zealand. More limited cooperation occurs with many more countries, including formal arrangements called Nine Eyes and 14 Eyes and Nacsi, an alliance of the agencies of 26 NATO countries.
The extent of Sigint sharing can be surprising: "N.S.A. may pursue a relationship with Vietnam," one 2009 G.C.H.Q. document reported. But a recent G.C.H.Q. training document suggests that not everything is shared, even between the United States and Britain. "Economic well-being reporting," it says, referring to intelligence gathered to aid the British economy, "cannot be shared with any foreign partner."
As at the school lunch table, decisions on who gets left out can cause hurt feelings: "Germans were a little grumpy at not being invited to join the 9-Eyes group," one 2009 document remarks. And in a delicate spy-versus-spy dance, sharing takes place even with governments that are themselves important N.S.A. targets, notably Israel.
The documents describe collaboration with the Israel Sigint National Unit, which gets raw N.S.A. eavesdropping material and provides it in return, but they also mention the agency's tracking of "high priority Israeli military targets," including drone aircraft and the Black Sparrow missile system.
The alliances, and the need for stealth, can get complicated. At one highly valued overseas listening post, the very presence of American N.S.A. personnel violates a treaty agreed to by the agency's foreign host. Even though much of the eavesdropping is run remotely from N.S.A.'s base at Fort Gordon, Ga., Americans who visit the site must pose as contractors, carry fake business cards and are warned: "Don't dress as typical Americans."
"Know your cover legend," a PowerPoint security briefing admonishes the N.S.A. staff members headed to the overseas station, directing them to "sanitize personal effects," send no postcards home and buy no identifiably local souvenirs. ("An option might be jewelry. Most jewelry does not have any markings" showing its place of origin.)
Bypassing Security
In the agency's early years, its brainy staff members — it remains the largest employer of mathematicians in the country — played an important role in the development of the first computers, then largely a tool for code breaking.
Today, with personal computers, laptops, tablets and smartphones in most homes and government offices in the developed world, hacking has become the agency's growth area.
Some of Mr. Snowden's documents describe the exploits of Tailored Access Operations, the prim name for the N.S.A. division that breaks into computers around the world to steal the data inside, and sometimes to leave spy software behind. T.A.O. is increasingly important in part because it allows the agency to bypass encryption by capturing messages as they are written or read, when they are not encoded.
In Baghdad, T.A.O. collected messages left in draft form in email accounts maintained by leaders of the Islamic State of Iraq, a militant group. Under a program called Spinaltap, the division's hackers identified 24 unique Internet Protocol addresses identifying computers used by the Lebanese militant group Hezbollah, making it possible to snatch Hezbollah messages from the flood of global communications sifted by the agency.
The N.S.A.'s elite Transgression Branch, created in 2009 to "discover, understand, evaluate and exploit" foreign hackers' work, quietly piggybacks on others' incursions into computers of interest, like thieves who follow other housebreakers around and go through the windows they have left ajar.
In one 2010 hacking operation code-named Ironavenger, for instance, the N.S.A. spied simultaneously on an ally and an adversary. Analysts spotted suspicious emails being sent to a government office of great intelligence interest in a hostile country and realized that an American ally was "spear-phishing" — sending official-looking emails that, when opened, planted malware that let hackers inside.
The Americans silently followed the foreign hackers, collecting documents and passwords from computers in the hostile country, an elusive target. They got a look inside that government and simultaneously got a close-up look at the ally's cyberskills, the kind of intelligence twofer that is the unit's specialty.
In many other ways, advances in computer and communications technology have been a boon for the agency. N.S.A. analysts tracked the electronic trail left by a top leader of Al Qaeda in Africa each time he stopped to use a computer on his travels. They correctly predicted his next stop, and the police were there to arrest him.
And at the big N.S.A. station at Fort Gordon, technicians developed an automated service called "Where's My Node?" that sent an email to an analyst every time a target overseas moved from one cell tower to another. Without lifting a finger, an analyst could follow his quarry's every move.
The Limits of Spying
The techniques described in the Snowden documents can make the N.S.A. seem omniscient, and nowhere in the world is that impression stronger than in Afghanistan. But the agency's capabilities at the tactical level have not been nearly enough to produce clear-cut strategic success there, in the United States' longest war.
A single daily report from June 2011 from the N.S.A.'s station in Kandahar, Afghanistan, the heart of Taliban country, illustrates the intensity of eavesdropping coverage, requiring 15 pages to describe a day's work.
The agency listened while insurgents from the Haqqani network mounted an attack on the Hotel Intercontinental in Kabul, overhearing the attackers talking to their bosses in Pakistan's tribal area and recording events minute by minute. "Ruhullah claimed he was on the third floor and had already inflicted one casualty," the report said in a typical entry. "He also indicated that Hafiz was located on a different floor."
N.S.A. officers listened as two Afghan Foreign Ministry officials prepared for a meeting between President Hamid Karzai of Afghanistan and Iranian officials, assuring them that relations with the United States "would in no way threaten the interests of Iran," which they decided Mr. Karzai should describe as a "brotherly country."
The N.S.A. eavesdropped as the top United Nations official in Afghanistan, Staffan de Mistura, consulted his European Union counterpart, Vygaudas Usackas, about how to respond to an Afghan court's decision to overturn the election of 62 members of Parliament.
And the agency was a fly on the wall for a long-running land dispute between the mayor of Kandahar and a prominent local man known as the Keeper of the Cloak of the Prophet Muhammad, with President Karzai's late brother, Ahmed Wali Karzai, as a mediator.
The agency discovered a Taliban claim to have killed five police officers at a checkpoint by giving them poisoned yogurt, and heard a provincial governor tell an aide that a district police chief was verbally abusing women and clergymen.
A Taliban figure, Mullah Rahimullah Akhund, known on the United States military's kill-or-capture list by the code name Objective Squiz Incinerator, was overheard instructing an associate to buy suicide vests and a Japanese motorbike, according to the documents.
And N.S.A. listened in as a Saudi extremist, Abu Mughira, called his mother to report that he and his fellow fighters had entered Afghanistan and "done victorious operations."
Such reports flowed from the agency's Kandahar station day after day, year after year, and surely strengthened the American campaign against the Taliban. But they also suggest the limits of intelligence against a complex political and military challenge. The N.S.A. recorded the hotel attack, but it had not prevented it. It tracked Mr. Karzai's government, but he remained a difficult and volatile partner. Its surveillance was crucial in the capture or killing of many enemy fighters, but not nearly enough to remove the Taliban's ominous shadow from Afghanistan's future.
Mining All the Tidbits
In the Afghan reports and many others, a striking paradox is the odd intimacy of a sprawling, technology-driven agency with its targets. It is the one-way intimacy of the eavesdropper, as N.S.A. employees virtually enter the office cubicles of obscure government officials and the Spartan hide-outs of drug traffickers and militants around the world.
Venezuela, for instance, was one of six "enduring targets" in N.S.A.'s official mission list from 2007, along with China, North Korea, Iraq, Iran and Russia. The United States viewed itself in a contest for influence in Latin America with Venezuela's leader then, the leftist firebrand Hugo Chávez, who allied himself with Cuba, and one agency goal was "preventing Venezuela from achieving its regional leadership objectives and pursuing policies that negatively impact U.S. global interests."
A glimpse of what this meant in practice comes in a brief PowerPoint presentation from August 2010 on "Development of the Venezuelan Economic Mission." The N.S.A. was tracking billions of dollars flowing to Caracas in loans from China (radar systems and oil drilling), Russia (MIG fighter planes and shoulder-fired missiles) and Iran (a factory to manufacture drone aircraft).
But it was also getting up-close and personal with Venezuela's Ministry of Planning and Finance, monitoring the government and personal emails of the top 10 Venezuelan economic officials. An N.S.A. officer in Texas, in other words, was paid each day to peruse the private messages of obscure Venezuelan bureaucrats, hunting for tidbits that might offer some tiny policy edge.
In a counterdrug operation in late 2011, the agency's officers seemed to know more about relations within a sprawling narcotics network than the drug dealers themselves. They listened to "Ricketts," a Jamaican drug supplier based in Ecuador, struggling to keep his cocaine and marijuana smuggling business going after an associate, "Gordo," claimed he had paid $250,000 and received nothing in return.
The N.S.A., a report said, was on top of not just their cellphones, but also those of the whole network of "buyers, transporters, suppliers, and middlemen" stretching from the Netherlands and Nova Scotia to Panama City and Bogotá, Colombia. The documents do not say whether arrests resulted from all that eavesdropping.
Even with terrorists, N.S.A. units can form a strangely personal relationship. The N.S.A.-G.C.H.Q. wiki, a top secret group blog that Mr. Snowden downloaded, lists 14 specialists scattered in various stations assigned to Lashkar-e-Taiba, the Pakistani terrorist group that carried out the bloody attack on Mumbai in 2008, with titles including "Pakistan Access Pursuit Team" and "Techniques Discovery Branch." Under the code name Treaclebeta, N.S.A.'s hackers at Tailored Access Operations also played a role.
In the wiki's casual atmosphere, American and British eavesdroppers exchange the peculiar shoptalk of the secret world. "I don't normally use Heretic to scan the fax traffic, I use Nucleon," one user writes, describing technical tools for searching intercepted documents.
But most striking are the one-on-one pairings of spies and militants; Bryan is assigned to listen in on a man named Haroon, and Paul keeps an ear on Fazl.
A Flood of Details
One N.S.A. officer on the Lashkar-e-Taiba beat let slip that some of his eavesdropping turned out to be largely pointless, perhaps because of the agency's chronic shortage of skilled linguists. He "ran some queries" to read intercepted communications of certain Lashkar-e-Taiba members, he wrote in the wiki, but added: "Most of it is in Arabic or Farsi, so I can't make much of it."
It is a glimpse of the unsurprising fact that sometimes the agency's expensive and expansive efforts accomplish little. Despite the agency's embrace of corporate jargon on goal-setting and evaluation, it operates without public oversight in an arena in which achievements are hard to measure.
In a world of ballooning communications, the agency is sometimes simply overwhelmed. In 2008, the N.S.A.'s Middle East and North Africa group set about updating its Sigint collection capabilities. The "ambitious scrub" of selectors — essentially search terms — cut the number of terms automatically searched from 21,177 to 7,795 and the number of messages added to the agency's Pinwale database from 850,000 a day to 450,000 a day.
The reduction in volume was treated as a major achievement, opening the way for new collection on Iranian leadership and Saudi and Syrian diplomats, the report said.
And in a note that may comfort computer novices, the N.S.A. Middle East analysts discovered major glitches in their search software: The computer was searching for the names of targets but not their email addresses, a rather fundamental flaw. "Over 500 messages in one week did not come in," the report said about one target.
Those are daily course corrections. Whether the Snowden disclosures will result in deeper change is uncertain. Joel F. Brenner, the agency's former inspector general, says much of the criticism is unfair, reflecting a naïveté about the realpolitik of spying. "The agency is being browbeaten for doing too well the things it's supposed to do," he said.
But Mr. Brenner added that he believes "technology has outrun policy" at the N.S.A., and that in an era in which spying may well be exposed, "routine targeting of close allies is bad politics and is foolish."
Another former insider worries less about foreign leaders' sensitivities than the potential danger the sprawling agency poses at home. William E. Binney, a former senior N.S.A. official who has become an outspoken critic, says he has no problem with spying on foreign targets like Brazil's president or the German chancellor, Angela Merkel. "That's pretty much what every government does," he said. "It's the foundation of diplomacy." But Mr. Binney said that without new leadership, new laws and top-to-bottom reform, the agency will represent a threat of "turnkey totalitarianism" — the capability to turn its awesome power, now directed mainly against other countries, on the American public.
"I think it's already starting to happen," he said. "That's what we have to stop."
Whatever reforms may come, Bobby R. Inman, who weathered his own turbulent period as N.S.A. director from 1977 to 1981, offers his hyper-secret former agency a radical suggestion for right now. "My advice would be to take everything you think Snowden has and get it out yourself," he said. "It would certainly be a shock to the agency. But bad news doesn't get better with age. The sooner they get it out and put it behind them, the faster they can begin to rebuild."
By SCOTT SHANE
Find this story at 2 November 2013
© 2013 The New York Times Company
NSA shares raw intelligence including Americans' data with Israel
• Secret deal places no legal limits on use of data by Israelis
• Only official US government communications protected
• Agency insists it complies with rules governing privacy
• Read the NSA and Israel's 'memorandum of understanding'
The agreement for the US to provide raw intelligence data to Israel was reached in principle in March 2009, the document shows. Photograph: James Emery
The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.
Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.
The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process "minimization", but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.
The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.
The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies "pertaining to the protection of US persons", repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.
But this is undermined by the disclosure that Israel is allowed to receive "raw Sigint" – signal intelligence. The memorandum says: "Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content."
According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. "NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection", it says.
Although the memorandum is explicit in saying the material had to be handled in accordance with US law, and that the Israelis agreed not to deliberately target Americans identified in the data, these rules are not backed up by legal obligations.
"This agreement is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law," the document says.
In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy.
"Any US person information that is acquired as a result of NSA's surveillance activities is handled under procedures that are designed to protect privacy rights," the spokesperson said.
The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.
The memorandum of understanding, which the Guardian is publishing in full, allows Israel to retain "any files containing the identities of US persons" for up to a year. The agreement requests only that the Israelis should consult the NSA's special liaison adviser when such data is found.
Notably, a much stricter rule was set for US government communications found in the raw intelligence. The Israelis were required to "destroy upon recognition" any communication "that is either to or from an official of the US government". Such communications included those of "officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)".
It is not clear whether any communications involving members of US Congress or the federal courts have been included in the raw data provided by the NSA, nor is it clear how or why the NSA would be in possession of such communications. In 2009, however, the New York Times reported on "the agency's attempt to wiretap a member of Congress, without court approval, on an overseas trip".
The NSA is required by law to target only non-US persons without an individual warrant, but it can collect the content and metadata of Americans' emails and calls without a warrant when such communication is with a foreign target. US persons are defined in surveillance legislation as US citizens, permanent residents and anyone located on US soil at the time of the interception, unless it has been positively established that they are not a citizen or permanent resident.
Moreover, with much of the world's internet traffic passing through US networks, large numbers of purely domestic communications also get scooped up incidentally by the agency's surveillance programs.
The document mentions only one check carried out by the NSA on the raw intelligence, saying the agency will "regularly review a sample of files transferred to ISNU to validate the absence of US persons' identities". It also requests that the Israelis limit access only to personnel with a "strict need to know".
Israeli intelligence is allowed "to disseminate foreign intelligence information concerning US persons derived from raw Sigint by NSA" on condition that it does so "in a manner that does not identify the US person". The agreement also allows Israel to release US person identities to "outside parties, including all INSU customers" with the NSA's written permission.
Although Israel is one of America's closest allies, it is not one of the inner core of countries involved in surveillance sharing with the US – Britain, Australia, Canada and New Zealand. This group is collectively known as Five Eyes.
The relationship between the US and Israel has been strained at times, both diplomatically and in terms of intelligence. In the top-secret 2013 intelligence community budget request, details of which were disclosed by the Washington Post, Israel is identified alongside Iran and China as a target for US cyberattacks.
While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel.
"Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge," states the report, titled 'History of the US – Israel Sigint Relationship, Post-1992′. "In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA's only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner."
In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. "On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems," the official says. "A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US."
Later in the document, the official is quoted as saying: "One of NSA's biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended."
The memorandum of understanding also contains hints that there had been tensions in the intelligence-sharing relationship with Israel. At a meeting in March 2009 between the two agencies, according to the document, it was agreed that the sharing of raw data required a new framework and further training for Israeli personnel to protect US person information.
It is not clear whether or not this was because there had been problems up to that point in the handling of intelligence that was found to contain Americans' data.
However, an earlier US document obtained by Snowden, which discusses co-operating on a military intelligence program, bluntly lists under the cons: "Trust issues which revolve around previous ISR [Israel] operations."
The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.
In its statement, the NSA said: "We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations.
"NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information."
Glenn Greenwald, Laura Poitras and Ewen MacAskill
The Guardian, Wednesday 11 September 2013 15.40 BST
Snowden Documents Reveal NSA Gave Israeli Spies Raw Emails, Texts, Calls of Innocent Americans
Despite assurances from President Obama, the scandal around the National Security Agency continues to grow. The Guardian reports the NSA has routinely passed raw intelligence to Israel about U.S. citizens. "The NSA was sharing what they call raw signals intelligence, which includes things like who you are calling and when you are calling, the content of your phone call, the text of your emails, your text messages, your chat messages," says Alex Abdo of the American Civil Liberties Union. "It sounds like all of that was handed over." Abdo also discusses the ACLU's successful fight to force the government to declassify documents that show the NSA wrongly put 16,000 American phone numbers on an "alert list."
JUAN GONZÁLEZ: The Guardian newspaper reported Wednesday the National Security Agency routinely has passed raw intelligence to Israel without first removing details about U.S. citizens. Documents leaked by NSA contractor Edward Snowden revealed details of a secret intelligence-sharing agreement between the NSA and its Israeli counterpart, that shows the U.S. government handed over intercepted communications containing phone calls and emails of U.S. citizens. The agreement places no legally binding limits on the use of the data by the Israelis.
Meanwhile, newly declassified documents show the NSA wrongly put 16,000 phone numbers on an "alert list" so their incoming calls could be monitored in violation of court-ordered privacy protections.
AMY GOODMAN: When the NSA notified the Foreign Intelligence Surveillance Court about the error, Judge Reggie Walton of the Foreign Intelligence Surveillance Court wrote, quote, "The court is exceptionally concerned about what appears to be a flagrant violation of its order in this matter." The documents were declassified after a long fight with the Electronic Frontier Foundation and the American Civil Liberties Union that filed a Freedom of Information Act lawsuit two years ago.
In other NSA news, Brazilian President Dilma Rousseff is facing pressure at home to cancel an upcoming state visit to the White House after documents leaked by Snowden revealed the NSA had hacked into the computer networks of Brazil's state-run oil company Petrobras. On Wednesday, President Obama's national security adviser, Susan Rice, met with Brazilian Foreign Minister Luiz Alberto in an attempt to smooth relations between the countries.
To talk more about all of these latest developments, we're joined by Alex Abdo. He is staff attorney at the National Security Project at the American Civil Liberties Union.
Alex, let's take these in order. The information about the NSA, the U.S. intelligence agency, handing over raw data that it's collected—legally or illegally, I think remains to be determined—to Israel, can you explain what's taken place?
ALEX ABDO: It's difficult to explain. And it's, you know, of course, not surprising that the NSA is sharing foreign intelligence with our intelligence partners, but what's troubling is that along with the foreign intelligence is information about innocent Americans that hasn't been taken out of the data that's being shared with our intelligence partners. And it's troubling for a couple of reasons, the first of which, we haven't known about this, and this may have been going on for years, and the second of which, there's no avenue for Americans, innocent Americans who are swept up into these dragnets and have their information handed over to our intelligence partners, to stop that flow of information, to assert their rights and prevent it. So this has been going on for some time, it seems, and it raises new questions about the NSA's—the extent to which we should trust the NSA with information, very sensitive, about innocent Americans.
JUAN GONZÁLEZ: And what limitations were placed on the information that was—that was handed over to the Israelis, in terms of what they could do with it or how long they could hold it?
ALEX ABDO: Well, based on the documents that were released, it seems as though we basically had a "trust us" regime in place for the sharing of data with Israel. And that's cold comfort, I think, to the potentially thousands or millions of Americans who find their way into these international surveillance dragnets of the NSA. But there's simply no way of knowing right now how many Americans were affected, how the information was used, or what other measures the NSA may have taken or may not have taken to protect our privacy.
AMY GOODMAN: And what the information was that was handed over, is it the actual—is it the metadata of phone calls, who you called, when you called them? Is it the actual phone call?
ALEX ABDO: It sounds as though it was all of that. The NSA was sharing what they call raw signals intelligence, which includes things like who you're calling and when you're calling, but also the content of your phone calls, the text of your emails, your text messages, your chat messages. It sounds as though all of that was handed over in what they call this raw intelligence.
AMY GOODMAN: And who was targeted?
ALEX ABDO: It's hard to say. It sounds as though the information sharing was indiscriminate, that they handed over large amounts of information without actually targeting at the outset, and allowing the Israeli analog to the NSA to then scour this information for what was useful. And like I said, they, you know, apparently had in place a clause asking Israel not to abuse this information, but there really didn't seem to be any legally enforceable way to prevent Americans' privacy from being violated in the course of this intelligence sharing.
JUAN GONZÁLEZ: Now, the documents you have referred to appear between 2006 and 2009, which would be the tail end of the Bush administration, but your battle to get access to the documents occurred during the Obama administration. Can you talk about that battle to be able to get these documents released?
ALEX ABDO: Sure. In 2011, two senators, Senators Wyden and Udall, started raising red flags, warnings to America about a secret interpretation that the government was relying on to collect an extraordinary amount of information about innocent Americans. And on the heels of that discussion, the ACLU and other organizations, including the Electronic Frontier Foundation, filed requests with the government for these secret interpretations of law. And the Obama administration, which had come into power on a promise of a new era of transparency, fought bitterly to keep these documents secret for years. And they were—it's actually a bit ironic. In the midst of the disclosures, Obama was in the course of defending very vigorously in court extreme secrecy about these very same documents that were released two days ago. So, it's—the secrecy was troubling. The fact that they're now public is a good first step toward greater transparency, but this is information that did not come easily out of the Obama administration.
AMY GOODMAN: One of the documents released was a March 2nd, 2009, court order written by Judge Reggie Walton, now the presiding judge on the Foreign Intelligence Surveillance Court. Walton writes of the NSA's bulk collection of phone records, quote, "To approve such a program, the Court must have every confidence that the government is doing its utmost to ensure that those responsible for implementation fully comply with the Court's orders. The Court no longer has such confidence." This is the judge.
ALEX ABDO: This is extremely troubling, and it should be very disturbing. We have trusted for years a secret and one-sided judicial process to safeguard Americans' right to privacy when it comes to NSA surveillance. And the disclosures over the past few months have confirmed that we shouldn't trust that system to safeguard our right to privacy. And at the end of the day, the battle is between a system in which the NSA is required to go to court to engage in lawful surveillance versus the system that it has now, where it rarely has to go to court to spy even on innocent Americans. And we shouldn't have confidence in that system, and now we know that there are even more reasons than we suspected not to have confidence in the system. But at the end of the day, that's the debate, whether the NSA, when it wants to spy on Americans, should be forced to go to a court to justify that spying. The NSA hasn't been doing that for years, and we need to change that, to force the NSA to justify its surveillance in court.
JUAN GONZÁLEZ: Of course, President Obama has been justifying that surveillance. I want to turn to a clip from him speaking last month about the leaks by Edward Snowden.
PRESIDENT BARACK OBAMA: If you look at the reports, even the disclosures that Mr. Snowden's put forward, all the stories that have been written, what you're not reading about is the government actually abusing these programs and, you know, listening in on people's phone calls or inappropriately reading people's emails. What you're hearing about is the prospect that these could be abused. Now, part of the reason they're not abused is because these checks are in place, and those abuses would be against the law and would be against the orders of the FISC.
JUAN GONZÁLEZ: What about President Obama's claim that the checks are in place?
ALEX ABDO: Well, I think it's quite obvious now that the checks are not in place, that the very authorities that the government says are carefully overseen by the secret court in D.C. and by regulators within the intelligence communities are failing, that there are violations of even these very permissive rules. But at the end—you know, a core problem is not just that there are violations, but that the law authorizes an extraordinary amount of surveillance in the first place. And that underlying authorization is far too broad. It allows the NSA to engage in a form of dragnet surveillance of even Americans' communications, that's not tied to a particular investigation. It's not tied to a particular terrorist plot that the NSA is trying to stop. That, I think, is the most troubling aspect of these revelations, is that these powers are simply too broad, to begin with.
AMY GOODMAN: On Wednesday, the Yahoo CEO, Marissa Mayer, responded to critics who have accused Internet companies of working with the NSA. During an interview at the TechCrunch Disrupt conference in San Francisco, she was asked why tech companies had not simply decided to tell the public more about what the NSA was doing.
MARISSA MAYER: We can't talk about those things.
MICHAEL ARRINGTON: Why?
MARISSA MAYER: Because they're classified.
MICHAEL ARRINGTON: What is—I mean, why?
MARISSA MAYER: And so—so, I mean—just to—
MICHAEL ARRINGTON: Let's just say, look, right now you were just to tell us the truth about what's going on, the stuff that's classified, like what do you think would happen to you?
MARISSA MAYER: I mean, releasing classified information is treason.
MICHAEL ARRINGTON: And then what happens?
MARISSA MAYER: Just generally, and you—you know, incarcerated.
AMY GOODMAN: That was Marissa Mayer. She is the head of Yahoo. Alex Abdo?
ALEX ABDO: You know, Ms. Mayer is correct that there are extraordinary limits on what these companies can say, but it's not correct to say that they can't be doing more to protect the privacy of their users. There are a number of steps that these companies can take and should take, and Yahoo recently took one of those steps in joining Google and Microsoft in pushing the secret court in D.C. to allow them to say more about the government surveillance. Those companies want to be able to tell the public how many Americans are affected by the government's surveillance, the numbers of court orders they get to turn over this information, and, very generally, the type of information they're being asked to turn over. That's all information that the government should allow these companies to disclose. It would allow Americans to better understand the surveillance that's taking place in our name, and it would allow us to make a decision for ourselves whether the surveillance is lawful and whether it's necessary.
JUAN GONZÁLEZ: Not only that, but I think there is a—as I've said before on this show, there is a conflict between the economic needs of these companies, because they're all global companies, and no matter what happens in the United States, this is going to affect their businesses in other parts of the world as more and more countries decide you can't trust American technology companies to use their search engines or use their products if they are allowing the government to serveil not only American citizens, but people around the world, so that it seems to me there's a need to meet the needs of their own shareholders, the business interests of the company, to oppose these kind of government policies.
ALEX ABDO: I think that's right. We're putting our American companies at a competitive disadvantage when it comes to their business. They're being forced to compete with companies outside the U.S. that aren't receiving these NSA surveillance orders. But it's important to note, too, that these companies can do more to protect the privacy of their consumers, even when they are not allowed to talk about the surveillance of the NSA. They can put in place technological fixes that allow users to trust their services more. And we're starting to see that type of a response by the tech industry. They're starting to compete over privacy. One of Microsoft's—for example, its new campaigns is "Don't get Scroogled." It's their way of competing against Google's skimming of our emails for ad tracking. And as Americans, I think, come to appreciate the value of our privacy and the vastness of the information we trust with these companies, they'll come to demand greater assurances from the Googles and the Microsofts and the Yahoos.
AMY GOODMAN: We want to thank you very much for being with us, and just end with what surprised you most by all of these revelations that have come out from Ed Snowden. I mean, the president says this debate has—would have happened anyway. You're a longtime—and certainly the ACLU has been deeply concerned about civil liberties issues. Would it have happened anyway? And what have you found most shocking in the last few months?
ALEX ABDO: I don't think this transparency would have happened. This is an involuntary debate that the administration is now welcoming after the fact, and it's a long overdue one. And one of the things that has shocked me the most, I think, is, in reading these documents, to see how much information is kept secret that should never have been kept secret in the first place. Americans deserve to be a part of this conversation, but they're being kept out of it by unnecessary overclassification of this information.
AMY GOODMAN: Thanks so much, Alex Abdo, staff attorney at the National Security Project of the American Civil Liberties Union. This is Democracy Now!, democracynow.org, The War and Peace Report. Back in a minute.
Read the NSA and Israel's 'memorandum of understanding'
US-Geheimdienst: BND übermittelt afghanische Funkzellendaten an NSA
Die Daten können Experten zufolge Hinweise für gezielte Tötungen liefern: Nach SPIEGEL-Informationen stammt ein beträchtlicher Teil der an die NSA übertragenen Daten aus der Funkzellenauswertung in Afghanistan. Der BND wiegelt ab.
Hamburg – Der Bundesnachrichtendienst (BND) übermittelt nach SPIEGEL-Informationen afghanische Funkzellendaten an den US-Geheimdienst NSA. Spionageprogramme wie XKeyscore erstellen daraus Bewegungsprofile. Sie zeigen mit nur wenigen Minuten Verzögerung an, wo sich Handy-Nutzer aufhalten – und spielten womöglich eine wichtige Rolle bei der gezielten Tötung von Qaida-Kämpfern durch US-Drohnen.
Der BND erklärte, Mobilfunkdaten seien für eine zielgenaue Lokalisierung eines Menschen nicht geeignet. Experten gehen aber davon aus, dass Funkzellendaten Hinweise für gezielte Tötungen liefern können. Auch die "Süddeutsche Zeitung" hatte am Samstag einen Experten zitiert, wonach die Daten des BND zur Ortung nützlich seien.
Der Bürgerrechtler Burkhard Hirsch (FDP) hält den Datentransfer, der offenbar jenseits der parlamentarischen Kontrolle stattfindet, für sehr problematisch. "Wenn der BND in solchem Umfang für einen anderen Geheimdienst tätig wird, dann ist das ein politischer Vorgang, der unter allen Umständen im zuständigen Bundestagsgremium hätte behandelt werden müssen", sagte Hirsch dem SPIEGEL.
BND-Präsident Gerhard Schindler sagte der "Bild am Sonntag", die Kooperation mit der NSA diene "auch dem unmittelbaren Schutz unserer in Afghanistan eingesetzten Soldatinnen und Soldaten". Die durch die Fernmeldeaufklärung gewonnenen Erkenntnisse trügen dazu bei, Anschlagsplanungen von Terroristen rechtzeitig erkennen zu können. Dies gehöre zu den "prioritären Aufgaben" eines Auslandsnachrichtendiensts.
Gegenüber dem SPIEGEL erklärte der BND, er habe seit Januar 2011 "maßgebliche Hilfe" bei der Verhinderung von vier Anschlägen auf deutsche Soldaten in Afghanistan geleistet. Bei weiteren 15 verhinderten Anschlägen habe die Datenüberwachung "zu diesen Erfolgen beigetragen".
Berlin Denies Military Knew About Prism
A media report on Wednesday alleged that a NATO document proves the German military knew about the NSA's Prism surveillance program in 2011. But both Berlin and the country's foreign intelligence agency deny the account, saying there was a NATO program with the same name in Afghanistan.
The German government has so far claimed that it knew nothing of the United States' Prism spying program, revealed by whistleblower Edward Snowden last month. But parts of a confidential NATO document published by daily Bild on Wednesday show that the German military, the Bundeswehr, may have already been aware of the National Security Agency's operations in 2011, the paper alleged.
The document, reportedly sent on Sept. 1, 2011 to all regional commands by the joint NATO headquarters in Afghanistan, gives specific instructions for working together on a program called Prism, which the paper said was the same as that run by the NSA. According to Bild, the document was also sent to the regional command in northern Afghanistan, for which Germany was responsible at the time under General Major Markus Kneip.
Should the media report be confirmed, Berlin's claims of ignorance will prove to have been false. But on Wednesday afternoon, Chancellor Angela Merkel's spokesman Steffen Seibert denied the Bild story, saying that the document referred to a separate program that had been run by NATO troops, and not the US. The programs were "not identical," he said.
The BND, Germany's foreign intelligence agency, also weighed in with a statement, saying that the program had not been confidential and was also not the same as the NSA's Prism operation. "The program called Prism by the Bild report today is a NATO/ISAF program that is not identical to the NSA's program," it said. "The BND had no knowledge of the name, range or scope of the NSA program."
A Separate Prism Program?
According to the document cited by Bild, as of Sept. 15 that year, regional commands were instructed to apply for monitoring telephone calls and e-mails, according to the document, in which Prism is named at least three times. "Existing COMINT (communications intelligence) nominations submitted outside of PRISM must be resubmitted into PRISM IOT," it reads.
It also states that access to the Prism program is regulated by the Joint Worldwide Intelligence Communications System (JWICS), which is used by various US intelligence services to transmit classified information.
"Coalition RCs (regional commands) will utilize the US military or civilian personnel assigned to their collection management shop ISRLO (Intelligence, Surveillance and Reconnaissance Liaison Officer)," it goes on. In Bild's assessment, "military or civilian personnel" stands for US intelligence service staff.
Keeping Track of Terrorists
The purpose of all this was to "submit the telephone numbers and email addresses of terrorists into the surveillance system," the paper reports.
It also claims to have seen documents indicating that the BND, Germany's foreign intelligence agency, provided such telephone numbers to NATO, where they were ultimately fed into the surveillance system as well.
The reason for the NATO order was that the NSA's director had tasked the US military with coordinating surveillance in Afghanistan, Bild reported.
The German Defense Ministry told the paper that it had "no information and knowledge of such an order," but would be looking into the matter.
In response to the report, Green party parliamentarian and defense spokesman Omid Nouripour told SPIEGEL ONLINE that Defense Minister Thomas de Maizière must clarify the situation. "These circumstances destroy the government's line of defense" on the NSA scandal, he said. Chancellor Angela Merkel's center-right coalition can "no longer claim it didn't know anything about Prism."
As more details emerge about the scope of the NSA's worldwide spying program and Germany's alleged role in the surveillance, the scandal is becoming a central issue in the country's campaign for the upcoming general election. Germans are particularly sensitive about data protection because of their history of state encroachment on civil liberties, first under the Nazis and then in communist East Germany. And if it turns out that Berlin knowingly tolerated and participated in the NSA activities, many would see it as a betrayal by the government.
Germany backs away from claims NSA program thwarted five attacks
German Interior Minister Hans-Peter Friedrich is backing off his earlier assertion that the Obama administration's NSA monitoring of Internet accounts had prevented five terror attacks in Germany, raising questions about other claims concerning the value of the massive monitoring programs revealed by NSA leaker Edward Snowden.
Friedrich had made the assertion about the number of attacks that the NSA programs – which scoop up records from cellphone and Internet accounts – had helped to avert after a brief visit to the United States last week. But on Tuesday, he told a German parliamentary panel, "It is relatively difficult to count the number of terror attacks that didn't occur." And on Wednesday, he was publically referring to just two foiled attacks, at least one and possibly both of which appeared to have little to do with the NSA's surveillance programs.
The questions about the programs' value in thwarting attacks in Germany come as some members of the U.S. Congress have told Obama officials that the programs exceeded what Congress authorized when it passed laws that the administration is arguing allowed the collection of vast amounts of information on cellphone and Internet email accounts.
In Germany, the concern is that the NSA is capturing and storing as many as 500 million electronic communications each month, but Germans are getting little if anything back for what is seen as an immoral and illegal invasion of privacy.
Friedrich spent July 11-12 in the United States for meetings with U.S. officials on the NSA programs that German Chancellor Angela Merkel had requested. The point of the meetings was to gather information that would calm a building German angst over the spy scandal.
Instead of being reassured, however, opposition politicians and commentators now are talking about the arrogance of the U.S. application of "winner's power" (a reference to the political authority the United States had here during the Cold War, when Germany was divided between east and west, and West Germany leaned heavily on America for support), and how traditionally strong relations between the two countries have been harmed by the scandal.
"German-American relations are at risk," said Hans-Christian Stroebele, a Green Party member of the influential German intelligence oversight committee in the country's legislature, the Bundestag, which is dominated by Merkel's Christian Democratic Union. "The longer it takes to uncover the facts after this long silence, the more problematic it becomes. No one even bothers to deny what's been said. It could be that German or (European Union) courts will have to deal with this."
Even as emotions build, NSA plans for expanding a listening station in Germany were revealed this week, raising more questions.
Stroebele spoke Thursday to McClatchy, addressing Friedrich's official report, delivered behind closed doors to the Bundestag committee. He said Friedrich received little information from the United States in his quick trip to Washington.
"We're lucky to have had Snowden," Stroebele said. "Without him, this surveillance that is not permissible under international law would have continued for a long time. In Germany, there are prison terms for such spying."
Perhaps most troubling was how quickly the government backed down on the claims that the surveillance helped foil terror plots. Gisela Piltz, a Liberal Party member of the Bundestag intelligence committee, said she could not give exact details of what took place in the secret hearing but noted: "There was a clear discrepancy between the previously reported number of foiled terror attacks and the number we talked about."
And even those cases raised questions. One of them, commonly known as the Sauerland Cell Plot, involved an alleged conspiracy in 2007 to detonate a series of car bombs in crowded places. Piltz was involved in a Bundestag study of what took place. The goal of the would-be bombers was to surpass the death and injured toll from commuter train attacks in Madrid in 2004, which killed 191 and wounded another 1,800.
The conspirators, who allegedly included two Germans, had gathered nearly a ton of liquid explosives.
News reports at the time mentioned an unnamed U.S. intelligence official saying that cellphone calls by the two Germans had been intercepted. But those calls were said to have been made when the Germans were leaving a terror camp in Pakistan – an entirely different scenario from the current monitoring program, which captures data from everyday citizens by casting a worldwide net.
Piltz said even that participation by U.S. intelligence agencies remains unverified.
The other case, involving four men with al Qaida connections arrested in Dusseldorf while allegedly preparing to make a shrapnel bomb to detonate at an undecided location, also raised questions about NSA involvement. During the trial, prosecutors said they were alerted to the cell by an informant, after which they studied emails from the four. But such targeted surveillance is not the issue in the NSA programs, one of which, PRISM, reportedly taps into the computers of users of nine Internet companies, including Facebook, Google and Yahoo.
Defending NSA practices, Friedrich noted that security is a "super fundamental right." As such it outranks fundamental rights such as privacy. German newspapers were scathing in their assessment, calling Friedrich the "idiot in charge."
Piltz said that while terrorism is a real threat, the U.S. monitoring programs have done little to prevent it.
"Germans are not safer because of U.S. espionage," Piltz said. "It is true Germany has been lucky not to have suffered a terror attack, but there has to be a balance. We cannot sacrifice freedom for security, and when in doubt I would always opt for freedom."
McClatchy special correspondent Claudia Himmelreich in Berlin contributed to this report.
Posted on Thu, Jul. 18, 2013
By Matthew Schofield | McClatchy Foreign Staff
last updated: July 18, 2013 05:30:07 PM
BERLIN — ]
© McClatchy Washington Bureau
Second Prism program emerges as Friedrich faces committee
As Germany's interior minister faced a special select committee, another surveillance program – also called Prism – has come to light. Unlike its more famous global namesake, this Prism is said to be used in Afghanistan.
German mass-circulation daily Bild first found reference to the Afghanistan Prism program in an order sent out to regional command posts from the NATO headquarters in Kabul.
The communiqué told ISAF staff to use this Prism database for any data gleaned from monitoring telecommunications or emails, starting on September 15, 2011.
The German government said it knew nothing about the database, run by the US but accessible to ISAF troops across Afghanistan – including those with Germany's Bundeswehr – until Wednesday's report.
"I can only tell you that this was a NATO/ISAF program, one that was not classified as secret – according to the BND," Chancellor Merkel's spokesman Steffen Seibert said. Seibert was referring to a press release from Germany's equivalent to Washington's National Security Agency (NSA), the Bundesnachrichtendienst (BND). The BND also said this Prism was "not identical" to the now renowned program revealed by NSA contractor turned whistleblower Edward Snowden in May.
DW.DE
Itching to ask: What does Merkel know about NSA surveillance?
A parliamentary oversight committee in Berlin would like to know how much the German government really knows about NSA spying activities in Germany. Their leverage, however, is limited. (17.07.2013)
Another ministerial spokesman, Stefan Paris with the defense ministry, said it was quite normal for information like this not to filter back to Berlin unless there was a specific need.
Friedrich faces closed-door grilling
Elsewhere in Berlin, Interior Minister Hans-Peter Friedrich completed two days in front of the special committee for internal affairs on Wednesday, facing further questions after his impromptu visit to Washington at the weekend.
Opposition politicians, who see increasing mileage in the alleged NSA espionage activities, said after the session that Friedrich's appearance shed little light on proceedings.
"Everywhere people seem to accept the way the US side is acting with a shrug of the shoulders, while there's no clarity anywhere," Social Democrat parliamentarian Michael Hartmann said, adding that he felt the chancellor's office should be answering questions instead of the interior ministry.
"My personal impression: Before September 22, nothing is meant to be put on the table here," Green party politician Wolfgang Wieland said, naming the date of federal elections in Germany.
Friedrich has so far stressed the NSA's supposed contribution to stopping five terror plots in Germany, offering data on two of them to date, when discussing the issue. The minister controversially said on Monday that there was a "super-fundamental right" to protecting public safety that trumped even privacy laws.
British blow to EU data dreams?
Free Democrat politician Hartfried Wolff, a member of the Bundestag's interior committee, said on Wednesday that Friedrich had outlined one blow to Chancellor Angela Merkel's proposed response.
Merkel said in a key television interview on Sunday that she would be seeking unified EU rules on data protection to allow the bloc to handle the issue better.
According to Wolff, Friedrich said that the UK was unlikely to support such a move. Since Snowden went public, a UK espionage program called "Tempora" has also come to light.
Friedrich is a member of the Bavarian sister party of Merkel's Christian Democrats, the CSU. Bavaria votes in state elections one week before the German ballot.
msh/rc (AFP, AP, Reuters)
Find this story at 717 July 2013
© 2013 Deutsche Welle
Prism in Afghanistan Conflicting Accounts By German Government
In Germany, the scandal surrounding NSA spying is getting odder by the day. A new Defense Ministry memo suggests a claim made by a mass-circulation newspaper that Germany's army knew about Prism in 2011 is, in fact, true.
The scandal in Germany surrounding spying activities by the United States' National Security Agency took a surprising twist on Thursday. A report by a German mass-circulation daily that described the use of a program called Prism in NATO-occupied Afghanistan has led to the German Defense Ministry contradicting the foreign intelligence agency BND.
It started on Wednesday when the broadsheet Bild reported that the American intelligence service NSA had deployed the controversial data-collection tool Prism in Afghanistan and that Germany's armed forces, the Bundeswehr, knew of the program by the autumn of 2011 at the latest.
German government spokesman Steffen Seibert, speaking on behalf of the BND, was quick to deny the Bild report. He said on Wednesday that the software which had been used in Afghanistan was part of "a NATO/ISAF program and was not the same as the NSA's Prism program." Seibert said the programs were "not identical." According to Seibert's account, there are two different Prism programs — the much discussed NSA Prism program, which has been used in recent years to intensively monitor German communications, as well as an ISAF program for Afghanistan.
But the Defense Ministry is now contradicting that characterization. In a two-page memo obtained by several German media outlets, Rüdiger Wolf, a high-ranking ministry official, states that the Prism program used in Afghanistan is a "computer-aided US planning and information analysis tool" used for the coordination of "American intelligence systems," that is "operated exclusively by US personnel" and is "used Afghanistan-wide by the US side."
Prism Accessible Exclusively to Americans
Wolf describes in detail how the Bundeswehr and NATO have no access to the US program. He adds that while there may be computer terminals at the German base in Mazar-e-Sharif that are equipped to access the program, they can only be used by Americans.
If members of the Bundeswehr wanted access to information, they had to send a special form to the IJC command center in Kabul, almost entirely controlled by the US Army — that is, if they wanted US data that went beyond the information possessed by NATO intelligence. When they got the data back, "the origin of the information" was "fundamentally unrecognizable" to the Germans.
It is precisely such procedures that Bild reported on this week, citing a classified September NATO order. In the paper, NATO members, including the German-led Regional Command North in Afghanistan, are called upon to direct requests for the "Prism" system to American personnel — military or civilian (which in this case is a reference to intelligence workers) because NATO has no access to the system. Given that Bild printed a copy of the order in its newspaper, the BND's portrayal already seemed odd on Wednesday.
According to Wolf's own admissions, the Germans don't know very much about the Prism program in Afghanistan. It is unclear, for example, how Prism is deployed at the US Army-dominated headquarters in Kabul and the ministry doesn't know the "extent of use." However, Wolf once more reiterated that all information obtained from intelligence sources served to protect German soldiers — including "insights provided by the US side that could have come from Prism."
A Slap in the Face
The Defense Ministry is also very cautious compared to the BND when it comes to deferentiating the Prism program in Afghanistan from the Prism spying program that was exposed by former NSA contractor Edward Snowden and involves the systematic monitoring of German communications. The information supplied by the US would have pertained only to the situation in Afghanistan. It was "not a data fishing expedition" on German citizens, according to the memo, and in fact had "no proximity" to the NSA surveillance program in Germany and Europe.
With his cautious formulation, Wolf deliberately avoids saying whether or not the two programs are identical.
This representation of the facts, which was already made to some extent on Wednesday by Defense Ministry spokesman Stefan Paris, is like a slap in the face for the BND. Shortly after Seibert appeared at the press conference, insiders wondered why the intelligence agency would so unambiguously commit itself to the position that the Prism program in Afghanistan is part of the composite ISAF system. But the BND didn't pull back on its position, although Paris clearly said that the Prism program in Afghanistan is operated exclusively by Americans.
Members of the opposition were quick to attack the BND for its assertions. "The Chancellery, acting on behalf of the BND, deliberately lied to the public on Wednesday," Green Party defense expert Omid Nouripour told SPIEGEL ONLINE. According to Nouripour, Wolf's description makes it clear that there is no NATO Prism program. The German government, he says, should stop making excuses and finally begin to seriously investigate the spying scandal.
By Matthias Gebauer
Other Agencies Clamor for Data N.S.A. Compiles
WASHINGTON — The National Security Agency's dominant role as the nation's spy warehouse has spurred frequent tensions and turf fights with other federal intelligence agencies that want to use its surveillance tools for their own investigations, officials say.
Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain that their attempts to exploit the security agency's vast resources have often been turned down because their own investigations are not considered a high enough priority, current and former government officials say.
Intelligence officials say they have been careful to limit the use of the security agency's troves of data and eavesdropping spyware for fear they could be misused in ways that violate Americans' privacy rights.
The recent disclosures of agency activities by its former contractor Edward J. Snowden have led to widespread criticism that its surveillance operations go too far and have prompted lawmakers in Washington to talk of reining them in. But out of public view, the intelligence community has been agitated in recent years for the opposite reason: frustrated officials outside the security agency say the spy tools are not used widely enough.
"It's a very common complaint about N.S.A.," said Timothy H. Edgar, a former senior intelligence official at the White House and at the office of the director of national intelligence. "They collect all this information, but it's difficult for the other agencies to get access to what they want."
"The other agencies feel they should be bigger players," said Mr. Edgar, who heard many of the disputes before leaving government this year to become a visiting fellow at Brown University. "They view the N.S.A. — incorrectly, I think — as this big pot of data that they could go get if they were just able to pry it out of them."
Smaller intelligence units within the Drug Enforcement Administration, the Secret Service, the Pentagon and the Department of Homeland Security have sometimes been given access to the security agency's surveillance tools for particular cases, intelligence officials say.
But more often, their requests have been rejected because the links to terrorism or foreign intelligence, usually required by law or policy, are considered tenuous. Officials at some agencies see another motive — protecting the security agency's turf — and have grown resentful over what they see as a second-tier status that has undermined their own investigations into security matters.
At the drug agency, for example, officials complained that they were blocked from using the security agency's surveillance tools for several drug-trafficking cases in Latin America, which they said might be connected to financing terrorist groups in the Middle East and elsewhere.
At the Homeland Security Department, officials have repeatedly sought to use the security agency's Internet and telephone databases and other resources to trace cyberattacks on American targets that are believed to have stemmed from China, Russia and Eastern Europe, according to officials. They have often been rebuffed.
Officials at the other agencies, speaking only on the condition of anonymity because they were not authorized to discuss the tensions, say the National Security Agency's reluctance to allow access to data has been particularly frustrating because of post-Sept. 11 measures that were intended to encourage information-sharing among federal agencies.
In fact, a change made in 2008 in the executive order governing intelligence was intended to make it easier for the security agency to share surveillance information with other agencies if it was considered "relevant" to their own investigations. It has often been left to the national intelligence director's office to referee the frequent disputes over how and when the security agency's spy tools can be used. The director's office declined to comment for this article.
Typically, the agencies request that the N.S.A. target individuals or groups for surveillance, search its databases for information about them, or share raw intelligence, rather than edited summaries, with them. If those under scrutiny are Americans, approval from the secret Foreign Intelligence Surveillance Court is required.
The security agency, whose mission is to spy overseas, and the F.B.I., its main partner in surveillance operations, dominate the process as the Justice Department's main "customers" in seeking warrants from the intelligence court, with nearly 1,800 approved by the court last year.
In a statement, the security agency said that it "works closely with all intelligence community partners, and embeds liaison officers and other personnel at those agencies for the express purpose of ensuring N.S.A. is meeting their requirements and providing support to their missions."
The security agency's spy tools are attractive to other agencies for many reasons. Unlike traditional, narrowly tailored search warrants, those granted by the intelligence court often allow searches through records and data that are vast in scope. The standard of evidence needed to acquire them may be lower than in other courts, and the government may not be required to disclose for years, if ever, that someone was the focus of secret surveillance operations.
Decisions on using the security agency's powers rest on many complicated variables, including a link to terrorism or "foreign intelligence," the type of surveillance or data collection that is being conducted, the involvement of American targets, and the priority of the issue.
"Every agency wants to think that their mission has to be the highest priority," said a former senior White House intelligence official involved in recent turf issues.
Other intelligence shops usually have quick access to N.S.A. tools and data on pressing matters of national security, like investigating a terrorism threat, planning battlefield operations or providing security for a presidential trip, officials say. But the conflicts arise during longer-term investigations with unclear foreign connections.
In pressing for greater access, a number of smaller agencies maintain that their cases involve legitimate national security threats and could be helped significantly by the N.S.A.'s ability to trace e-mails and Internet activity or other tools.
Drug agency officials, for instance, have sought a higher place for global drug trafficking on the intelligence community's classified list of surveillance priorities, according to two officials.
Dawn Dearden, a drug agency spokeswoman, said it was comfortable allowing the N.S.A. and the F.B.I. to take the lead in seeking surveillance warrants. "We don't have the authority, and we don't want it, and that comes from the top down," she said.
But privately, intelligence officials at the drug agency and elsewhere have complained that they feel shut out of the process by the N.S.A. and the F.B.I. from start to finish, with little input on what groups are targeted with surveillance and only sporadic access to the classified material that is ultimately collected.
Sometimes, security agency and bureau officials accuse the smaller agencies of exaggerating links to national security threats in their own cases when pushing for access to the security agency's surveillance capabilities. Officials from the other agencies say that if a link to national security is considered legitimate, the F.B.I. will at times simply take over the case itself and work it with the N.S.A.
In one such case, the bureau took control of a Secret Service investigation after a hacker was linked to a foreign government, one law enforcement official said. Similarly, the bureau became more interested in investigating smuggled cigarettes as a means of financing terrorist groups after the case was developed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Mr. Edgar said officials in the national intelligence director's office occasionally allow other agencies a role in identifying surveillance targets and seeing the results when it is relevant to their own inquiries. But more often, he acknowledged, the office has come down on the side of keeping the process held to an "exclusive club" at the N.S.A., the F.B.I. and the Justice Department, with help from the Central Intelligence Agency on foreign issues.
Officials in the national intelligence director's office worry about opening the surveillance too widely beyond the security agency and the F.B.I. for fear of abuse, Mr. Edgar said. The two intelligence giants have been "burned" by past wiretapping controversies and know the political consequences if they venture too far afield, he added.
"I would have been very uncomfortable if we had let these other agencies get access to the raw N.S.A. data," he said.
As furious as the public criticism of the security agency's programs has been in the two months since Mr. Snowden's disclosures, "it could have been much, much worse, if we had let these other agencies loose and we had real abuses," Mr. Edgar said. "That was the nightmare scenario we were worried about, and that hasn't happened."
Eric Schmitt contributed reporting.
By ERIC LICHTBLAU and MICHAEL S. SCHMIDT
Find this story at 3 August 2013
For Western Allies, a Long History of Swapping Intelligence
BERLIN — When Edward J. Snowden disclosed the extent of the United States data mining operations in Germany, monitoring as many as 60 million of the country's telephone and Internet connections in one day and bugging its embassy, politicians here, like others in Europe, were by turns appalled and indignant. But like the French before them, this week they found themselves backpedaling.
In an interview released this week Mr. Snowden said that Germany's intelligence services are "in bed" with the National Security Agency, "the same as with most other Western countries." The assertion has added to fresh scrutiny in the European news media of Berlin and other European governments that may have benefited from the enormous American snooping program known as Prism, or conducted wide-ranging surveillance operations of their own.
The outrage of European leaders notwithstanding, intelligence experts and historians say the most recent disclosures reflect the complicated nature of the relationship between the intelligence services of the United States and its allies, which have long quietly swapped information on each others' citizens.
"The other services don't ask us where our information is from and we don't ask them," Mr. Snowden said in the interview, conducted by the documentary filmmaker Laura Poitras and Jacob Appelbaum, a computer security researcher, and published this week in the German magazine Der Spiegel. "This way they can protect their political leaders from backlash, if it should become public how massively the private spheres of people around the globe are being violated."
Britain, which has the closest intelligence relationship with the United States of any European country, has been implicated in several of the data operations described by Mr. Snowden, including claims that Britain's agencies had access to the Prism computer network, which monitors data from a range of American Internet companies. Such sharing would have allowed British intelligence agencies to sidestep British legal restrictions on electronic snooping. Prime Minister David Cameron has insisted that its intelligence services operate within the law.
Another allegation, reported by The Guardian newspaper, is that the Government Communications Headquarters, the British surveillance center, tapped fiber-optic cables carrying international telephone and Internet traffic, then shared the information with the N.S.A. This program, known as Tempora, involved attaching intercept probes to trans-Atlantic cables when they land on British shores from North America, the report said.
President François Hollande of France was among the first European leaders to express outrage at the revelations of American spying, and especially at accusations that the Americans had spied on French diplomatic posts in Washington and New York.
There is no evidence to date that French intelligence services were granted access to information from the N.S.A., Le Monde reported last week, however, that France's external intelligence agency maintains a broad telecommunications data collection system of its own, amassing metadata on most, if not all, telephone calls, e-mails and Internet activity coming in and out of France.
Mr. Hollande and other officials have been notably less vocal regarding the claims advanced by Le Monde, which authorities in France have neither confirmed nor denied.
Given their bad experiences with domestic spying, first under the Nazis and then the former the East German secret police, Germans are touchy when it comes to issues of personal privacy and protection of their personal data. Guarantees ensuring the privacy of mail and all forms of long-distance communications are enshrined in Article 10 of their Constitution.
When the extent of the American spying in Germany came to light the chancellor's spokesman, Steffen Seibert, decried such behavior as "unacceptable," insisting that, "We are no longer in the cold war."
But experts say ties between the intelligence services remain rooted in agreements stemming from that era, when West Germany depended on the United States to protect it from the former Soviet Union and its allies in the East.
"Of course the German government is very deeply entwined with the American intelligence services," said Josef Foschepoth, a German historian from Freiburg University. Mr. Foschepoth spent several years combing through Germany's federal archives, including formerly classified documents from the 1950s and 1960s, in an effort to uncover the roots of the trans-Atlantic cooperation.
In 1965, Germany's foreign intelligence service, known by the initials BND, was created. Three years later, the West Germans signed a cooperation agreement effectively binding the Germans to an intensive exchange of information that continues up to the present day, despite changes to the agreements.
The attacks on Sept. 11, 2001, in the United States saw a fresh commitment by the Germans to cooperate with the Americans in the global war against terror. Using technology developed by the Americans and used by the N.S.A., the BND monitors networks from the Middle East, filtering the information before sending it to Washington, said Erich Schmidt-Eenboom, an expert on secret services who runs the Research Institute for Peace Politics in Bavaria.
In exchange, Washington shares intelligence with Germany that authorities here say has been essential to preventing terror attacks similar to those in Madrid or London. It is a matter of pride among German authorities that they have been able to swoop in and detain suspects, preventing several plots from being carried out.
By focusing the current public debate in Germany on the issue of personal data, experts say Chancellor Angela Merkel is able to steer clear of the stickier questions about Germany's own surveillance programs and a long history of intelligence sharing with the United States, which still makes many Germans deeply uncomfortable, more than two decades after the end of the cold war.
"Every postwar German government, at some point, has been confronted with this problem," Mr. Foschepoth said of the surveillance scandal. "The way that the chancellor is handling it shows that she knows very well, she is very well informed and she wants the issue to fade away."
Reporting contributed by Stephen Castle from London, Scott Sayare from Paris and Eric Schmitt from Washington.
By MELISSA EDDY
Spy access to NZ used as bargaining tool
The Southern Cross Cable Network links Australia, New Zealand and the United States.
The ability for US intelligence agencies to access internet data was used as a bargaining tool by a Telecom-owned company trying to keep down the cost of the undersea cable from New Zealand.
Lawyers acting for Southern Cross Cable quoted a former CIA and NSA director who urged the Senate to "exploit" access to data for an intelligence edge.
The value of intercepted communications to the US was raised during negotiations last year which could increase internet costs 15 per cent.
Documents on the Federal Communications Commission website show the issue was raised by lawyers acting for "undersea cable operators", including Southern Cross Cables, half-owned by Telecom and owner of the 28,900km cable which links New Zealand to the internet.
Lawyers acting for the cable operators told the FCC there were benefits to their clients not having to pay for their cables to land on US soil.
The FCC was told the number of internet connections passing through the US was dropping.
"There has long been speculation that US surveillance following implementation of the Patriot Act could push internet content and information storage outside the United States-to the detriment of the United States."
The legal team footnoted the statement with a 2006 quote from former CIA director and National Security Agency director General Michael Hayden, who set up domestic wiretapping and widespread internet snooping during his terms as an intelligence chief.
He was quoted as saying: "Because of the nature of global telecommunications, we are playing with a tremendous home-field advantage, and we need to exploit that edge.
"We also need to protect that edge, and we need to protect those who provide it to us."
In other documents, Southern Cross Cables raised the possibility of submarine cables coming to land in Canada or Mexico.
Southern Cross Cables lawyer Nikki Shone said the company was legally obliged to co-operate with US laws and it was in relation to those obligations that "it noted that the FCC's proposed universal services charges could harm US security interests by encouraging infrastructure to bypass the United States".
She said Southern Cross Cable was "wholly unaware of recently disclosed US surveillance programmes".
A Telecom spokesman cited the company's contract with residential customers, which tells them it will pass on their information without permission if it believes it is legally required to do so or if it is necessary "to help maintain the law".
Telecom Users Association chief executive Paul Brislen said revelations about US interception of internet traffic meant "we have to assume that all our communications are intercepted".
He said internet and telecoms companies had to comply with US rules or be shut out of lucrative contracts.
Mr Brislen believed the cable from Auckland to Los Angeles was secure but said intelligence agencies would access information beyond the landing stations.
Tech Liberty director Thomas Beagle said any use of American services and networks exposed data to being captured by the US.
But shifting to other countries "will just expose you to surveillance from their national governments".
"It seems that we now have the choice between taking the time to understand and implement secure encryption or choosing services based on which governments we don't mind spying on us."
By David Fisher @DFisherJourno
5:30 AM Saturday Aug 10, 2013
© Copyright 2013, APN Holdings NZ Limited
Bundesheer-Lauschstation als Teil einer US-Peilkette
Die Amerikaner finanzierten den Horchposten Königswarte bei Hainburg und banden ihn in ein ganzes Netz ein, das sich von Norwegen über Deutschland bis Italien zog.
Das österreichische Heeresnachrichtenamt (HNA) und der US-Militärgeheimdienst (NSA) tauschen seit mehr als 50 Jahren Informationen aus. Einer der Angelpunkte der Kooperation ist der Horchposten auf der Königswarte bei Hainburg an der Grenze zur Slowakei. Finanziert haben die Station die Amerikaner. Das bestätigte ein Sprecher des Verteidigungsministeriums bereits in der Samstagsausgabe der "Presse". Das Nachrichtenmagazin "Profil" förderte nun weitere Details zutage.
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Demnach waren die 1958 errichtete Königswarte und kleinere Stationen in Neulengbach, Großharras, Gols, Pirka bei Graz und Stockham bei Wels Teil einer amerikanischen Peilkette, die sich von Norwegen über Deutschland bis nach Italien zog. Österreich war der einzige neutrale Staat in diesem Nato-Lauschverbund. Die USA haben die immer noch aktive Anlage auf der Königswarte ständig erneuert. Von dort aus konnten vor 1989 Gespräche weit hinter dem Eisernen Vorhang belauscht werden. Jetzt stellt sich die Frage, ob immer noch in dieselbe Richtung gehorcht wird. Wie "Die Presse" erfuhr, verhalfen die Österreicher der NSA zu Informationen, die 2007 zur Ergreifung einer deutschen Terrorzelle, der Sauerland-Gruppe, geführt haben.
Mit den abgefangenen Daten hat das Bundesheer laut "Profil" immer schon wenig anfangen können. Die Bänder seien stets zu einer US-Station nahe Frankfurt geflogen worden. Wie "Die Presse" berichtete, hat die NSA im Kalten Krieg einen Vertrag mit dem HNA abgeschlossen. In den Nullerjahren, nach den Terroranschlägen vom 11. September 2001, soll das Dokument erneuert und ergänzt worden sein. Das bestätigten mehrere Quellen, sowohl Politiker als auch hochrangige Beamte aus dem Sicherheitsbereich. Das Verteidigungsministerium wollte sich nichtdazu äußern, die US-Botschaft in Wien ebenso wenig, sie betonte jedoch die "sehr gute Kooperation mit dem österreichischen Militär und den österreichischen Nachrichtendiensten".
FPÖ-Chef Heinz-Christian Strache forderte Bundeskanzler Faymann und Verteidigungsminister Klug auf, unverzüglich Stellung zum Geheimvertrag mit der NSA zu nehmen. Es müsse überprüft werden, inwieweit die Neutralität verletzt worden sei.
13.07.2013 | 17:57 | von CHRISTIAN ULTSCH (Die Presse)
© 2013 DiePresse.com
NSA hat Vertrag mit Österreich abgeschlossen
Die National Security Agency schloss im Kalten Krieg eine Vereinbarung mit dem Heeresnachrichtenamt und finanzierte dessen Horchposten bei Hainburg. Im Krieg gegen den Terror haben Österreich und die USA das Abkommen erneuert.
Es ist eines der großen Geheimnisse der Republik, aber wirklich gut gehütet ist es nicht: Das neutrale Österreich hat mit dem US-Nachrichtendienst NSA (National Security Agency) einen Vertrag abgeschlossen. Darin sind die Rahmenbedingungen für die Zusammenarbeit und den Informationsaustausch zwischen der US-Überwachungsbehörde und dem Heeresnachrichtenamt HNaA, dem Auslandsnachrichtendienst des österreichischen Bundesheeres, festgelegt. Seine Wurzeln hat das Dokument im Kalten Krieg, doch nach den Terroranschlägen vom 11. September 2001 hat es der damalige NSA-Direktor, Michael Hayden, erneuern lassen. Das erfuhr "Die Presse" aus mehreren Quellen: von österreichischen Politikern und hochrangigen Beamten im Sicherheitsbereich.
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Michael Bauer, der Sprecher des Verteidigungsministeriums, will die Existenz des NSA-Vertrags mit Österreich weder bestätigen noch dementieren: "Ich kann dazu nichts sagen." Auch die US-Botschaft in Wien äußert sich nicht zu der Vereinbarung. Sie weist jedoch ausdrücklich auf die "sehr gute Kooperation mit dem österreichischen Militär und den österreichischen Nachrichtendiensten" hin.
Minister Klug schweigt
Die NSA war zuletzt auch Thema im parlamentarischen Unterausschuss für Landesverteidigung. Doch Verteidigungsminister Gerald Klug zog es vor, über den Vertrag zu schweigen. Dass das Heeresnachrichtenamt als Kontaktstelle für die NSA fungiert, ist bekannt. Das Verteidigungsressort hat diesen Umstand nach einem Bericht der "Presse" vom 13. Juni nicht abgestritten. Damals wie heute betont das Ministerium jedoch, dass das HNaA keinen Massenaustausch von Daten mit anderen Nachrichtendiensten betreibe.
Wie breit der Fluss österreichischer Daten in die USA ist, darüber gehen die Einschätzungen auseinander. Ein Geheimdienst-Insider gab sich gegenüber der "Presse" überzeugt, dass die Amerikaner in der Lage sind, jegliche elektronische Kommunikation abzufangen. Allein mithilfe ihres Überwachungsprogramms Prism kann die NSA die Verbindungsdaten jeglichen Internetverkehrs aufzeichnen, der über US-Server läuft. Das gestand der US-Botschafter in Wien bei einem Treffen mit Innenministerin Johanna Mikl-Leitner ein. Nachzuvollziehen ist ihre Empörung nicht ganz. Denn ihr Verfassungsschutz ist im Bild über die Aktivitäten der NSA in Österreich.
Die Amerikaner sind unglücklich über den Verlauf der Diskussion seit den Enthüllungen des Ex-NSA-Mitarbeiters Snowden. Denn ihre Dienste nehmen nicht nur, sie geben auch. So halfen sie jüngst bei der Befreiung der österreichischen Geisel im Jemen. Umgekehrt lieferte Österreich angeblich Informationen an die NSA, die 2007 zur Ergreifung der Sauerland-Gruppe, einer deutschen Terrorzelle, führten.
Die Partnerschaft zwischen österreichischen und US-Geheimdiensten reicht lang zurück, in die Zeit, als Europa noch geteilt war. Einer ihrer Brennpunkte war immer die Königswarte, ein Horchposten des Heeresnachrichtenamts bei Hainburg an der Grenze zur Slowakei, dort, wo früher der Eiserne Vorhang verlief. Die Österreicher waren in der Lage, von den niederen Karpaten aus tief in das sowjetische Imperium hineinzuhören. Ihre Informationen teilten sie zuweilen mit den Amerikanern.
Unterschrieb Platter das Papier?
Auch 24 Jahre nach Ende des Kalten Kriegs ist die Lauschstation des HNaA noch in Betrieb. Vor einiger Zeit wurde sie erneuert. In Militärkreisen kursieren Gerüchte, dass die teure Ausrüstung auf der Königswarte aus den USA stamme. Unter anderem das sei in einem Appendix zum NSA-Vertrag mit Hayden in den Nullerjahren vereinbart worden. Das Papier soll die Unterschrift von Günther Platter tragen, der 2003 bis 2007 Verteidigungsminister war. Im Büro des heutigen Tiroler Landeshauptmannes will man davon nichts wissen.
Michael Bauer, der Sprecher des Verteidigungsministeriums, bestreitet, dass die Amerikaner die Renovierung der Königswarte finanziert hätten. Ob sie freilich Equipment zur Verfügung stellten, kann der Oberst nicht sagen. Was er jedoch bestätigen kann, ist für das historische Selbstverständnis Österreichs brisant: "Die Königswarte war zur Zeit des Kalten Krieges ein Vorposten der Amerikaner. Sie haben die Anlage finanziell unterstützt." Wirklich neutral agierte Österreich schon damals nicht.
("Die Presse" Printausgabe vom 13.07.2013)
12.07.2013 | 17:08 | VON RAINER NOWAK UND CHRISTIAN ULTSCH (Die Presse)
The NSA's mass and indiscriminate spying on Brazilians
As it does in many non-adversarial countries, the surveillance agency is bulk collecting the communications of millions of citizens of Brazil
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The National Security Administration headquarters in Fort Meade, Maryland. Whistleblower Edward Snowden worked as a data miner for the NSA in Hawaii. Photograph: Jim Lo Scalzo/EPA
I've written an article on NSA surveillance for the front page of the Sunday edition of O Globo, the large Brazilian newspaper based in Rio de Janeiro. The article is headlined (translated) "US spied on millions of emails and calls of Brazilians", and I co-wrote it with Globo reporters Roberto Kaz and Jose Casado. The rough translation of the article into English is here. The main page of Globo's website lists related NSA stories: here.
As the headline suggests, the crux of the main article details how the NSA has, for years, systematically tapped into the Brazilian telecommunication network and indiscriminately intercepted, collected and stored the email and telephone records of millions of Brazilians. The story follows an article in Der Spiegel last week, written by Laura Poitras and reporters from that paper, detailing the NSA's mass and indiscriminate collection of the electronic communications of millions of Germans. There are many more populations of non-adversarial countries which have been subjected to the same type of mass surveillance net by the NSA: indeed, the list of those which haven't been are shorter than those which have. The claim that any other nation is engaging in anything remotely approaching indiscriminate worldwide surveillance of this sort is baseless.
As those two articles detail, all of this bulk, indiscriminate surveillance aimed at populations of friendly foreign nations is part of the NSA's "FAIRVIEW" program. Under that program, the NSA partners with a large US telecommunications company, the identity of which is currently unknown, and that US company then partners with telecoms in the foreign countries. Those partnerships allow the US company access to those countries' telecommunications systems, and that access is then exploited to direct traffic to the NSA's repositories. Both articles are based on top secret documents provided by Edward Snowden; O Globo published several of them.
The vast majority of the GuardianUS's revelations thus far have concerned NSA domestic spying: the bulk collection of telephone records, the PRISM program, Obama's presidential directive that authorizes domestic use of cyber-operations, the Boundless Informant data detailing billions of records collected from US systems, the serial falsehoods publicly voiced by top Obama officials about the NSA's surveillance schemes, and most recently, the bulk collection of email and internet metadata records for Americans. Future stories in the GuardianUS will largely continue to focus on the NSA's domestic spying.
But contrary to what some want to suggest, the privacy rights of Americans aren't the only ones that matter. That the US government – in complete secrecy – is constructing a ubiquitous spying apparatus aimed not only at its own citizens, but all of the world's citizens, has profound consequences. It erodes, if not eliminates, the ability to use the internet with any remnant of privacy or personal security. It vests the US government with boundless power over those to whom it has no accountability. It permits allies of the US – including aggressively oppressive ones – to benefit from indiscriminate spying on their citizens' communications. It radically alters the balance of power between the US and ordinary citizens of the world. And it sends an unmistakable signal to the world that while the US very minimally values the privacy rights of Americans, it assigns zero value to the privacy of everyone else on the planet.
This development – the construction of a worldwide, ubiquitous electronic surveillance apparatus – is self-evidently newsworthy, extreme, and dangerous. It deserves transparency. People around the world have no idea that all of their telephonic and internet communications are being collected, stored and analyzed by a distant government. But that's exactly what is happening, in secrecy and with virtually no accountability. And it is inexorably growing, all in the dark. At the very least, it merits public understanding and debate. That is now possible thanks solely to these disclosures.
The Guardian's reporting
One brief note on the Guardian is merited here: I've been continuously amazed by how intrepid, fearless and committed the Guardian's editors have been in reporting these NSA stories as effectively and aggressively as possible. They have never flinched in reporting these stories, have spared no expense in pursuing them, have refused to allow vague and baseless government assertions to suppress any of the newsworthy revelations, have devoted extraordinary resources to ensure accuracy and potency, and have generally been animated by exactly the kind of adversarial journalistic ethos that has been all too lacking over the last decade or so (see this Atlantic article from yesterday highlighting the role played by the Guardian US's editor-in-chief, Janine Gibson).
I don't need to say any of this, but do so only because it's so true and impressive: they deserve a lot of credit for the impact these stories have had. To underscore that: because we're currently working on so many articles involving NSA domestic spying, it would have been weeks, at least, before we would have been able to publish this story about indiscriminate NSA surveillance of Brazilians. Rather than sit on such a newsworthy story – especially at a time when Latin America, for several reasons, is so focused on these revelations – they were enthused about my partnering with O Globo, where it could produce the most impact. In other words, they sacrificed short-term competitive advantage for the sake of the story by encouraging me to write this story with O Globo. I don't think many media outlets would have made that choice, but that's the kind of journalistic virtue that has driven the paper's editors from the start of this story.
This has been a Guardian story from the start and will continue to be. Snowden came to us before coming to any other media outlet, and I'll continue to write virtually all NSA stories right in this very space. But the O Globo story will resonate greatly in Brazil and more broadly in Latin America, where most people had no idea that their electronic communications were being collected in bulk by this highly secretive US agency. For more on how the Guardian's editors have overseen the reporting of the NSA stories, see this informative interview on the Charlie Rose Show from last week with Gibson and Guardian editor-in-chief Alan Rusbridger:
theguardian.com, Sunday 7 July 2013 00.32 BST
Brazil wants answers on US surveillance
Foreign Minister Antonio Patriota is deeply concerned about the scope of a US monitoring programme targeting Brazilians.
Whistleblower Edward Snowden revealed top secret US surveillance programmes to alert the public [Reuters]
Brazil's foreign minister has said his government is worried by a report that the United States has collected data on millions of telephone and email conversations in his country and promised to push for international protection of internet privacy.
Foreign Minister Antonio Patriota on Sunday expressed "deep concern at the report that electronic and telephone communications of Brazilian citizens are being the object of espionage by organs of American intelligence.
"The Brazilian government has asked for clarifications" through the US Embassy in Brazil and Brazil's embassy in Washington, he said.
Patriota also said Brazil will ask the UN for measures "to impede abuses and protect the privacy" of internet users, laying down rules for governments.
The O Globo newspaper reported over the weekend that information released by NSA leaker Edward Snowden shows that the number of telephone and email messages logged by the US National Security Agency in January alone was not
far behind the 2.3 million reportedly collected in the United States.
The spokesman for the US embassy in Brazil's capital, Dean Chaves, said earlier that any response to the O Globo report would be issued in Washington.
There was no immediate response from the office of the US national intelligence director's office on Sunday, but in response to earlier reports of covert monitoring in Europe, the office said it would respond to concerns of specific nations through diplomatic channels.
However, "as a matter of policy, we have made clear that the United States gathers foreign intelligence of the type gathered by all nations," last month's statement said, without providing further details.
The chairman of the US Joint Chiefs of Staff warned Sunday that Snowden's overall disclosures have undermined US relationships with other countries and affected what he calls "the importance of trust".
O Globo's article said that "Brazil, with extensive digitalised public and private networks operated by large telecommunications and internet companies, appears to stand out on maps of the US agency as a priority target for telephony and data traffic, alongside nations such as China, Russia and Pakistan."
The report did not describe the sort of data collected, but the US programs appear to gather what is called metadata: Logs of message times, addresses and other information rather than the content of the messages.
The report was co-authored by US journalist Glenn Greenwald, who has been key in earlier reports on Snowden's revelations.
In a column Sunday for the British-based newspaper The Guardian, Greenwald said that "the NSA has, for years, systematically tapped into the Brazilian telecommunication network and indiscriminately intercepted, collected and stored the email and telephone records of millions of Brazilians."
He said Brazil was merely an example of a global practice.
Last Modified: 07 Jul 2013 20:49
© www.aljazeera.com
XKeyscore: NSA tool collects 'nearly everything a user does on the internet'
• XKeyscore gives 'widest-reaching' collection of online data
• NSA analysts require no prior authorization for searches
• Sweeps up emails, social media activity and browsing history
• NSA's XKeyscore program – read one of the presentations
One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet'
A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden.
The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet.
The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10.
"I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets. But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
The NSA documents assert that by 2008, 300 terrorists had been captured using intelligence from XKeyscore.
Analysts are warned that searching the full database for content will yield too many results to sift through. Instead they are advised to use the metadata also stored in the databases to narrow down what to review.
A slide entitled "plug-ins" in a December 2012 document describes the various fields of information that can be searched. It includes "every email address seen in a session by both username and domain", "every phone number seen in a session (eg address book entries or signature block)" and user activity – "the webmail and chat activity to include username, buddylist, machine specific cookies etc".
In a second Guardian interview in June, Snowden elaborated on his statement about being able to read any individual's email if he had their email address. He said the claim was based in part on the email search capabilities of XKeyscore, which Snowden says he was authorized to use while working as a Booz Allen contractor for the NSA.
One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
The analyst then selects which of those returned emails they want to read by opening them in NSA reading software.
The system is similar to the way in which NSA analysts generally can intercept the communications of anyone they select, including, as one NSA document put it, "communications that transit the United States and communications that terminate in the United States".
One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications. Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
Chats, browsing history and other internet activity
Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
An analyst can monitor such Facebook chats by entering the Facebook user name and a date range into a simple search screen.
Analysts can search for internet browsing activities using a wide range of information, including search terms entered by the user or the websites viewed.
As one slide indicates, the ability to search HTTP activity by keyword permits the analyst access to what the NSA calls "nearly everything a typical user does on the internet".
The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
The XKeyscore system is continuously collecting so much internet data that it can be stored only for short periods of time. Content remains on the system for only three to five days, while metadata is stored for 30 days. One document explains: "At some sites, the amount of data we receive per day (20+ terabytes) can only be stored for as little as 24 hours."
To solve this problem, the NSA has created a multi-tiered system that allows analysts to store "interesting" content in other databases, such as one named Pinwale which can store material for up to five years.
It is the databases of XKeyscore, one document shows, that now contain the greatest amount of communications data collected by the NSA.
In 2012, there were at least 41 billion total records collected and stored in XKeyscore for a single 30-day period.
Legal v technical restrictions
While the Fisa Amendments Act of 2008 requires an individualized warrant for the targeting of US persons, NSA analysts are permitted to intercept the communications of such individuals without a warrant if they are in contact with one of the NSA's foreign targets.
The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
"The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
An example is provided by one XKeyscore document showing an NSA target in Tehran communicating with people in Frankfurt, Amsterdam and New York.
In recent years, the NSA has attempted to segregate exclusively domestic US communications in separate databases. But even NSA documents acknowledge that such efforts are imperfect, as even purely domestic communications can travel on foreign systems, and NSA tools are sometimes unable to identify the national origins of communications.
Moreover, all communications between Americans and someone on foreign soil are included in the same databases as foreign-to-foreign communications, making them readily searchable without warrants.
Some searches conducted by NSA analysts are periodically reviewed by their supervisors within the NSA. "It's very rare to be questioned on our searches," Snowden told the Guardian in June, "and even when we are, it's usually along the lines of: 'let's bulk up the justification'."
In a letter this week to senator Ron Wyden, director of national intelligence James Clapper acknowledged that NSA analysts have exceeded even legal limits as interpreted by the NSA in domestic surveillance.
Acknowledging what he called "a number of compliance problems", Clapper attributed them to "human error" or "highly sophisticated technology issues" rather than "bad faith".
However, Wyden said on the Senate floor on Tuesday: "These violations are more serious than those stated by the intelligence community, and are troubling."
In a statement to the Guardian, the NSA said: "NSA's activities are focused and specifically deployed against – and only against – legitimate foreign intelligence targets in response to requirements that our leaders need for information necessary to protect our nation and its interests.
"XKeyscore is used as a part of NSA's lawful foreign signals intelligence collection system.
"Allegations of widespread, unchecked analyst access to NSA collection data are simply not true. Access to XKeyscore, as well as all of NSA's analytic tools, is limited to only those personnel who require access for their assigned tasks … In addition, there are multiple technical, manual and supervisory checks and balances within the system to prevent deliberate misuse from occurring."
"Every search by an NSA analyst is fully auditable, to ensure that they are proper and within the law.
"These types of programs allow us to collect the information that enables us to perform our missions successfully – to defend the nation and to protect US and allied troops abroad."
theguardian.com, Wednesday 31 July 2013 13.56 BST
© 2013 Guardian News and Media Limited or its affiliated companies
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