Glenn Greenwald and his colleagues at The Intercept has just released an extensive report on the NSA use of XKEYSCORE. And here’s a video on the same topic:
As I have said previously, it’s all a farce and now becoming a circus… And consider the timing, what kind of message is this for France given the recent WikiLeaks’ Espionnage Élysée exposé of NSA spying on not only 3 French Presidents but also French companies?
See the New York Times article below.
Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection
By CHARLIE SAVAGEJUNE 30, 2015
WASHINGTON — The Foreign Intelligence Surveillance Court ruled late Monday that the National Security Agency may temporarily resume its once-secret program that systematically collects records of Americans’ domestic phone calls in bulk.
But the American Civil Liberties Union said Tuesday that it would ask the United States Court of Appeals for the Second Circuit, which had ruled that the surveillance program was illegal, to issue an injunction to halt the program, setting up a potential conflict between the two courts.
The program lapsed on June 1, when a law on which it was based, Section 215 of the USA Patriot Act, expired. Congress revived that provision on June 2 with a bill called the USA Freedom Act, which said the provision could not be used for bulk collection after six months.
The six-month period was intended to give intelligence agencies time to move to a new system in which the phone records — which include information like phone numbers and the duration of calls but not the contents of conversations — would stay in the hands of phone companies. Under those rules, the agency would still be able to gain access to the records to analyze links between callers and suspected terrorists.
But, complicating matters, in May the Court of Appeals for the Second Circuit, in New York, ruled in a lawsuit brought by the A.C.L.U. that Section 215 of the Patriot Act could not legitimately be interpreted as permitting bulk collection at all.
Congress did not include language in the Freedom Act contradicting the Second Circuit ruling or authorizing bulk collection even for the six-month transition. As a result, it was unclear whether the program had a lawful basis to resume in the interim.
After President Obama signed the Freedom Act on June 2, his administration applied to restart the program for six months. But a conservative and libertarian advocacy group, FreedomWorks, filed a motion in the surveillance court saying it had no legal authority to permit the program to resume, even for the interim period.
In a 26-page opinion made public on Tuesday, Judge Michael W. Mosman of the surveillance court rejected the challenge by FreedomWorks, which was represented by a former Virginia attorney general, Ken Cuccinelli, a Republican. And Judge Mosman said the Second Circuit was wrong, too.
“Second Circuit rulings are not binding” on the surveillance court, he wrote, “and this court respectfully disagrees with that court’s analysis, especially in view of the intervening enactment of the USA Freedom Act.”
When the Second Circuit issued its ruling that the program was illegal, it did not issue any injunction ordering the program halted, saying it would be prudent to see what Congress did as Section 215 neared its June 1 expiration. Jameel Jaffer, an A.C.L.U. lawyer, said on Tuesday that the group would now ask for one.
“Neither the statute nor the Constitution permits the government to subject millions of innocent people to this kind of intrusive surveillance,” Mr. Jaffer said. “We intend to ask the court to prohibit the surveillance and to order the N.S.A. to purge the records it’s already collected.”
Continue reading the main story
Continue reading the main story
The bulk phone records program traces back to October 2001, when the Bush administration secretly authorized the N.S.A. to collect records of Americans’ domestic phone calls in bulk as part of a broader set of post-Sept. 11 counterterrorism efforts.
The program began on the basis of presidential power alone. In 2006, the Bush administration persuaded the surveillance court to begin blessing it under of Section 215 of the Patriot Act, which says the government may collect records that are “relevant” to a national security investigation.
The program was declassified in June 2013 after its existence was disclosed by the former intelligence contractor Edward J. Snowden.
It remains unclear whether the Second Circuit still considers the surveillance program to be illegal during this six-month transition period. The basis for its ruling in May was that Congress had never intended for Section 215 to authorize bulk collection.
In his ruling, Judge Mosman said that because Congress knew how the surveillance court was interpreting Section 215 when it passed the Freedom Act, lawmakers implicitly authorized bulk collection to resume for the transition period.
“Congress could have prohibited bulk data collection” effective immediately, he wrote. “Instead, after lengthy public debate, and with crystal-clear knowledge of the fact of ongoing bulk collection of call detail records,” it chose to allow a 180-day transitional period during which such collection could continue, he wrote.
The surveillance court is subject to review by its own appeals panel, the Foreign Intelligence Surveillance Court of Review. Both the Second Circuit and the surveillance review court are in turn subject to the Supreme Court, which resolves conflicts between appeals courts.
Wyn Hornbuckle, a Justice Department spokesman, said in a written statement that the Obama administration agreed with Judge Mosman.
Since the program was made public, plaintiffs have filed several lawsuits before regular courts, which hear arguments from each side before issuing rulings, unlike the surveillance court’s usual practice, which is to hear only from the government. Judge Mosman’s disagreement with the Second Circuit is the second time that the surveillance court has rejected a contrary ruling about the program by a judge in the regular court system.
In a lawsuit challenging the program that was brought by the conservative legal advocate Larry Klayman, Judge Richard J. Leon of Federal District Court in the District of Columbia ruled in December 2013 that the program most likely violated the Fourth Amendment, which prohibits unreasonable searches and seizures.
But in March 2014, Judge Rosemary M. Collyer, a Federal District Court judge who also sits on the secret surveillance court, rejected Judge Leon’s reasoning and permitted the program to keep going. The Obama administration has appealed Judge Leon’s decision to the Court of Appeals for the District of Columbia.
The Freedom Act also contains a provision saying that whenever the surveillance court addresses a novel and significant legal issue, it must either appoint an outside “friend of the court” who can offer arguments contrary to what the government is saying, or explain why appointing one is not appropriate.
The first test of that reform came last month when another judge on the court, F. Dennis Saylor IV, addressed a separate issue raised by the passage of the Freedom Act. Judge Saylor acknowledged that it was novel and significant, but declined to appoint an outside advocate, saying the answer to the legal question was “sufficiently clear” to him without hearing from one.
A version of this article appears in print on July 1, 2015, on page A19 of the New York edition with the headline: Surveillance Court Rules That N.S.A. Can Resume Bulk Data Collection.
(Above) photo credit: Focus
Assume this is no surprise to many? Following the recent WikiLeaks’ Espionnage Élysée exposé about the NSA spying on 3 French presidents, new WikiLeaks documents revealed how “the US has had a decade- long policy of economic espionage against France, including the interception of all French corporate contracts and negotiations valued at more than $200 million”.
“That covers not only all of France’s major companies, from BNP Paribas, AXA and Credit Agricole to Peugeot and Renault, Total and Orange, but it also affects the major French farming associations,” according to WikiLeaks founder Julian Assange.
“Central within the cache of documents are two long-term spying orders (“collection requirements”) which define the kinds of intelligence the NSA is tasked with collecting in its surveillance operations against France. The documents make clear that the NSA has been tasked with obtaining intelligence on all aspects of the French economy, from government policy, diplomacy, banking and participation in international bodies to infrastructural development, business practices and trade activities,” according to WikiLeaks.
Here’s a related story from Techcrunch:
New WikiLeaks Documents Reveal NSA Spied On Top French Companies
by Romain Dillet (@romaindillet)
Following last week’s eavesdropping reports, WikiLeaks shared new documents with Libération and Mediapart. This time, the new documents reveal that the NSA was spying on France’s best performing companies for economic intelligence purposes.
In addition to eavesdropping French Economy Ministers François Baroin and Pierre Moscovici between 2004 and 2012, the NSA gathered as much data as possible on big French companies. In particular, the agency wanted to know more about the companies that signed expensive export contracts for industrial goods, such as nuclear power plants, planes, high speed trains, etc.
According to an economic espionage order, the NSA intercepted all French corporate contracts and negotiations valued at more than $200 million in many different industries, such as telecommunications, electrical generation, gas, oil, nuclear and renewable energy, and environmental and healthcare technologies.
A second economic espionage order called “France: Economic Developments” shows that information was then shared with other U.S. agencies and secretaries, including the Secretary of Energy, the Secretary of Commerce, the Federal Reserve and the Secretary of Treasury. Eventually, this data could have been used to help sign export deals.
According to France’s IT security agency Anssi, the NSA could have spied on at least a hundred French companies, including most public CAC40 companies. Airbus filed a complaint for intelligence gathering earlier today.
The second document also states that the NSA could share this information with its closest allies — the U.K., Canada, New Zealand and Australia. It’s unclear whether the NSA is still actively spying on French companies. Today’s news is particularly interesting as it proves that the NSA is not only a geopolitical intelligence agency. It also plays an important role when it comes to economic intelligence.
The legendary former NSA crypto-mathematician and whistleblower William Binney:
(Above) Photo credit: CBS 60 Minutes
Some thoughts for the weekend… listen especially to the first six and a half minutes of this clip below about the conspiracy theories surrounding the recent mysterious death of Dave Goldberg, the husband of Facebook Chief Operating Officer Sheryl Sandberg – the “Facebook-NSA Queen”.
(Above) Photo credit: dailydotcom
More disturbing point: the GCHQ apparently used its toolbox to find ways to “alter the outcome of online polls, find private Facebook photos, and send spoof emails that appeared to be from Blackberry users, among other things”.
From China with Love
It’s the one year anniversary of what is now known as the Snowden revelations, which appeared on June 5 and June 9 when The Guardian broke news of classified National Security Agency documents and Edward Snowden revealed himself in Hong Kong as the source of those leaks.
There is still much to decipher from the chronology of events in the aftermath and the sudden global awakening to the end of privacy. Among the impacts on the personal, business and political fronts, one interesting salient feature is the hypocritical rhetorical spats between the US and China in recent weeks, which could set the undertone for US-Sino relations for years to come.
Snowden said his biggest fear is that nothing would change following his bold decision a year ago.
You can find the entire column here.
Creating Giants to Battle Snoops by NSA and the Likes
Size matters in the covert wars of cyber espionage – even more so when two Herculean cyber warriors merge on Wall Street. US cyber-security firm FireEye Inc. announced the acquisition of Mandiant Corp. late last week in a deal worth more than US$1 billion, generating not just an immediate surge in FireEye’s share price but a Mexican wave across the world.
This merger and creation of a next-generation cyber-security firm – FireEye is a provider of security software for detecting cyber-attacks and Mandiant a specialist firm best known for emergency responses to computer network breaches – comes at a time when old-style anti-virus software took a dive, with governments, companies and private citizens across the globe hunting desperately for more effective defensive measures to fend off sophisticated hackers and state-sponsored cyber-attacks.
But the interesting and ironic twist to this FireEye and Mandiant deal is that many of Mandiant’s employees came from the US intelligence world and the Defense Department.
The NSA has a special DROPOUTJEEP program for all Apple devices including the iPhones to intercept all SMS messages, collect contact lists, locate a phone (and its user/owner) and also activate the device’s microphone and camera with 100 percent success rate, according to a leaked document obtained by German magazine Der Speigel and a presentation by security researcher/independent journalist Jacob Applebaum, who said:
“[The NSA] literally claim that anytime they target an iOS device that it will succeed for implantation. Either they have a huge collection of exploits that work against Apple products, meaning that they are hoarding information about critical systems that American companies produce and sabotaging them, or Apple sabotaged it themselves. Not sure which one it is. I’d like to believe that since Apple didn’t join the PRISM program until after Steve Jobs died, that maybe it’s just that they write sh—y software. We know that’s true.”
I wrote in Sept 2012 that the NSA and Defense Information Systems Agency (the unit that manages all communications hardware needs for the Pentagon) issued their own specially developed smartphones for their top level officials. And they chose Android – no surprise now?!
The Year 2014 Equals 1 P.S.
Historians can be expected to mark June 9, 2013 as a significant date in the evolution of the surveillance and monitoring of mankind and peg 2013 alongside George Orwell’s Nineteen Eighty-Four, making 2014 officially 1PS – one year Post Snowden.
There is justification for this chronological divide. The world will be working its way out of the events of last June for years and decades to come, trying to come to grips with the astonishing ability of electronic snoopers to surreptitiously monitor the details of millions of lives.
It appears that they will continue to be able to do so despite growing knowledge of the pervasive level of this surveillance.
Please find the full column here.
Bad news for those who say ‘If only the walls could talk’. They can.
Hotel rooms are never safe havens as spies know only too well, but warnings of the risk often fall on deaf ears, to the sorrow or sometimes embarrassment of the tenants. Two recent news stories and the episode that I describe below hopefully change the public perceptions.
The stories describe how the UK’s Government Communications Headquarters (GCHQ) has traced and wiretapped top diplomats in their hotel suites over the past three years through its secret “Royal Concierge” program, which tracked some 350 hotels across the world, according to documents exposed by the former US intelligence contractor turned fugitive Edward Snowden.
Separately, it emerged in media reports last week that US President Barack Obama takes extreme measures to ward off any threats of secret video or audio surveillance by setting up an anti-spy portable tent in his hotel suite when traveling abroad, including in allied countries that the US allegedly targeted in conducting massive surveillance against foreign leaders and citizens. That amplifies the deep US concerns about being spied upon as much as spying on its friends and risks inviting potential hypocritical labeling of the White House.
Security officials leave an easily tapped device in closed-door conferences of European leaders
In photos made public of several closed-door bilateral meetings between various European leaders last week, there were two common denominators. One was the presence of the French President Francois Hollande. The other was the VoIP phone on the desk. The question is: What is that phone doing there?
In the middle of a major brouhaha over charges that the US National Security Agency had allegedly monitored the phone conversations of foreign diplomats, the officials in those photos were speaking to each other in the presence of this easily-tapped device.
What these these photos highlight is a security lapse, thus generating many questions: What else have European countries missed and not done to better protect their leaders from American or any eavesdropping?
Or was Dick Cheney looking for a cheap excuse to play politics?
Edward Snowden with his sudden departure from Hong Kong for Moscow and eventually elsewhere, possibly a country hostile to the US, would reignite the question if he’s a spy or double agent.
But the allegations made last week by former US vice president Dick Cheney that the National Security Agency whistle-blower Edward Snowden could be a spy for China is off track, and he knows it, and are a deliberate public distraction as the Obama administration searches for scapegoats in the midst of defending the NSA surveillance programs with their one and only trump card.
Snowden left with his passport annulled, a warrant on his head plus criminal charges of espionage, theft and communicating classified intelligence to unauthorized persons.
But here is the dichotomy: While the corporate world is still coping with US regulations on better corporate governance practices, where does the notion of whistleblowing stand right now?
Please read the entire column here.
Check out the Guardian online interview with Edward Snowden here. Thousands of comments from readers and still counting.
The Art of Hiding and Being Undetectable
The world knows by now Edward Snowden, the former private contractor for the National Security Agency who leaked revelations of massive US clandestine electronic surveillance and eavesdropping programs, is still at large in Hong Kong.
You might wonder how Snowden managed to remain obscure, both in the physical and cyber spheres.
Hong Kong, a former British colony now a major global financial center and Special Administrative Region of China, is one of the most densely populated areas in the world with a population of over seven million spread over just 1,104 square kilometers.
But it is precisely for these reasons that Hong Kong may be the ideal place. One could be easily spotted or located or one could capitalize on the dense crowd and modern infrastructure to negotiate his way unnoticed in the physical, digital and cyber dimensions.
And Snowden sure knows how to do that.
So what would you do if you were Snowden or if you simply needed to hide and remain undetectable for a period of time?
Take your pick: Edward Snowden, Internet and phone service providers, or just everybody?
The furor over the past week about how US intelligence agencies like the National Security Agency and the Federal Bureau of Investigation have for years scooped up massive loads of private communications data raises one critical and distressing question.
Who, worldwide and in the US, are the general public supposed to trust now that it seems all forms of digital and cyber communications risk being read by the American authorities? The Americans, it seems, don’t believe it’s that big a deal. By 62-34, according to the latest poll by Pew Research and the Washington Post, they say it’s more important to investigate the threats than protect their privacy. But what about the rest of the world?
The immediate acknowledgement, rather than point blank denial, of the massive clandestine eavesdropping programs is no doubt alarming even for those long suspicious of such covert undertakings. But the more disturbing part is that the official response amounts to plain outright lies.
Please read this entire Opinion Column here.
Spies in the newsroom? Or spying on newsrooms? There’s far too much of both
(The Inside Story of the Bloomberg Spying Scandal – and Snooping on the Associated Press – and Some Remedies.)
I often get strange, tough questions from the clients of my business intelligence and commercial investigation firm, but the recent bombardments highlight a new trend: bloated or irrational paranoia, depending on your take.
Should I stop using emails? Would you recommend a personal VPN? Is it safer to discuss in person than over an electronic device?
Just last week, one client pondered whether he should be using the Bloomberg terminal and another questioned if his phone, video and Skype calls were safe. I can’t blame them. Just look at the headline news the past week alone…
Please read the full column here.
Spying on Spies
The FBI probe into the scandal involving former CIA director David Petraeus and his mistress may have stolen global headlines the past week.
But there is something else the FBI knows that should warrant more attention. Something closer to those of us less exalted than the boss of the world’s most famous spy agency.
The FBI is known to have video footage, covertly taken in a hotel room somewhere in China, showing how Chinese agents broke in and swept through the belongings and laptop of an American businessman.
There were recent media reports of similar incidents. The FBI is now showing the clip as a warning to corporate security experts of major US companies.
The FBI also warned some months ago about the risks of using hotel wi-fi networks and recommended all government officials, businessmen and academic personnel take extra caution when traveling abroad.
Whilst the corporate world is often most at risks, the average citizens are also highly vulnerable, especially to electronic surveillance on home and foreign soil.
So what can one do to protect the personal data and business secrets on the computers, especially when traveling abroad?
A little secret and long overdue column – as I have promised some weeks ago.
How about leading a cyber lifestyle without the risks of compromising your computer, privacy and precious confidential data… ie. your life?!
There’s an easy solution and you do not have to be a computer expert. But the CIA, MI6, etc, wouldn’t want you to know the trick… because you can beat those spies and hackers by going online and leaving no trace.
Read the full article here.
Business travel is a nightmare these days, especially when one visits a country known for high espionage/ corporate espionage activities or active government eavesdropping and wiretapping.
So what if you need to transmit confidential data, sensitive business information and trade secrets via emails or the cloud? Or simply access your online banking account?
Public wifi pose significant risks. The Internet connection in your hotel room is not any better. And you can forget the Internet cafe.
No worries, there’s a solution and I will soon be posting a column on this matter. Watch this space.