Dear NSA, Privacy is a Fundamental Right, Not Reasonable SuspicionEva Galperin, Nadia Kayyali and Kurt Opsahl This is disturbing in a number of ways, but the bottom line is this: the procedures outlined in the articles show the NSA is adding fingerprintslike a scarlet letter for the information ageto activities that go hand in hand with First Amendment protected activities and freedom of expression across the globe. What we know The articles, based on an in-depth investigation, reveal XKeyscore source code that demonstrates how the system works. Xkeyscore is a tool which the NSA uses to sift through the vast amounts of data it obtains. This source code would be used somewhere in the NSAs process of collecting and analyzing vast amounts of data to target certain activities. According to the Guardian, XKeyscores deep packet inspection software is run on collection sites all around the world, ingesting one or two billion records a day. The code contains definitions that are used to determine whether to place a fingerprint on an online communication, to mark it for later. For example, the NSA marks online searches for information about certain tools for better communications security, or comsec, such as Tails. The NSA also defines Tor directory servers (by IP number) and looks for connections to the Tor Project website. This is hardly surprising, considering the documentation of the NSAs distaste for Tor. It is, however, deeply disappointing. Using privacy and anonymity software, like Tor and Tails, is essential to freedom of expression. Most shocking is the code that fingerprints users who visit Linux Journal, the website of a monthly magazine for enthusiasts of the open-source operating system. The comments in the NSAs code suggest that the NSA thinks Linux Journal is an extremist forum, where people advocate for Tails. The only religious wars in the Linux Journal are between the devoted users of vi and emacs. Learning about security is not suspicious The idea that it is suspicious to install, or even simply want to learn more about, tools that might help to protect your privacy and security underlies these definitionsand its a problem. Everyone needs privacy and security, online and off. It isnt suspicious to buy curtains for your home or lock your front door. So merely reading about curtains certainly shouldnt qualify you for extra scrutiny. Even the U.S. Foreign Intelligence Surveillance Court recognizes this, as the FISA prohibits targeting people or conducting investigations based solely on activities protected by the First Amendment. Regardless of whether the NSA is relying on FISA to authorize this activity or conducting the spying overseas, it is deeply problematic. The U.S. Constitution still protects people outside U.S. borders, and, as a U.S. appeals court recently recognized, even non-citizens are not bereft of its protections. Moreover, privacy is a human right, which the U.S. has recognized by signing the International Covenant on Civil and Political Rights. The fingerprinting program revealed today is fundamentally inconsistent with this right. Tor is used to circumvent Internet censorship The code focuses a lot on the Tor Project and its anonymity software. Tor is an essential tool for circumventing Internet censorship, which is used extensively by the governments of countries such as China and Iran to control the flow of information and maintain their hold on power. In fact, Tor was developed with the help of the U.S. Navy, and currently gets funding from several sources within the U.S. government, including the State Department. Secretary of State Hillary Clinton made support for anti-censorship tools a key element of her Internet policy at the State Department, declaring: The freedom to connect is like the freedom of assembly in cyberspace. You can still use Tor and TAILs One question that is sure to come up is whether this means people desiring anonymity should stop using Tor or Tails. Heres the bottom line: If youre using Tor or Tails, there is a possibility that you will be subject to greater NSA scrutiny. But we believe that the benefits outweigh the burdens. In fact, the more people use Tor, the safer you are. Thats why were continuing to run the Tor Challenge. The ubiquitous use of privacy and security tools is our best hope for protecting the people who really need those toolspeople for whom the consequences of being caught speaking out against their government can be imprisonment or death. The more ordinary people use Tor and Tails, the harder it is for the NSA to make the case that reading about or using these tools is de facto suspicious. Please visit the Electronic Frontier Foundation for the latest on how to protect your digital privacy. 