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Mass surveillance in the United States
From Wikipedia, the free encyclopedia
Main article: Mass surveillance
The practice of mass surveillance in the United States dates back to wartime monitoring and censorship of international communications
from, to, or which passed through the United States. After the wars, the surveillance continued, via programs such as the Black Chamber and
Project SHAMROCK. The formation and growth of federal law-enforcement and intelligence agencies such as the FBI, CIA, and NSA
institutionalized surveillance, such as the COINTELPRO projects from 1956–1971, which targeted various presumably subversive organizations,
including anti-war and civil rights activists. The formation of the ECHELON collaboration of five English-speaking nations in the latter half of the
1940s focused on interception of electronic communications, with substantial increases in surveillance capabilities described as necessary for
thwarting terrorism following the September 11th attacks of 2001. A series of media reports in 2013 revealed more recent programs and
techniques employed by the US intelligence community. Advances in computer and information technology allow the creation of huge national
databases that facilitate mass surveillance in the United States.[1][2]
Contents
1 History
1.1 Wartime censorship and surveillance
1.2 Black Chamber
1.3 Project SHAMROCK
1.4 National Security Agency (NSA)
1.5 Federal Bureau of Investigation (FBI)
1.6 Church committee review
1.7 ECHELON
1.8 Escalation following the September 11th attacks of 2001
1.9 Acceleration of media leaks (2010–present)
1.10 2013 mass surveillance disclosures
2 Modalities, concepts, and methods
2.1 Logging postal mail
2.2 Wiretapping
2.2.1 Legal foundations
2.2.2 Internet communications
2.2.3 Intelligence apparatus to monitor Americans
2.2.4 Telephones
2.2.5 Infiltration of smartphones
2.3 Data mining of subpoenaed records
2.4 Surveillance cameras
2.5 Infiltration of activist groups
2.6 International cooperation
3 Uses of intercepted data
4 Targets
5 See also
6 References
7 External links
History
Wartime censorship and surveillance
During the world wars of the 20th century, all international mail sent through the U.S. Postal Service and international cables sent through
companies such as Western Union, ITT, and RCA were reviewed by the US military.[3] During World War II, first the War Department and later
the Office of Censorship monitored "communications by mail, cable, radio, or other means of transmission passing between the United States
and any foreign country".[4] In 1942 this included the 350,000 overseas cables and telegrams and 25,000 international telephone calls made
each week.[5]:144 "Every letter that crossed international or U.S. territorial borders from December 1941 to August 1945 was subject to being
opened and scoured for details."[4]
Black Chamber
1919: The Black Chamber, also known as the Cipher Bureau and MI-8, was the first U.S. peacetime cryptanalytic organization, jointly funded by
the U.S. Army and the U.S. Department of State. It conducted peacetime decryption of material including diplomatic communications until
1929.[6][7]
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Project SHAMROCK
1945: The now-defunct Project SHAMROCK was created to gather all telegraphic data entering into or exiting from the United States.[6][8]
Major communication companies such as Western Union, RCA Global and ITT World Communications actively aided the U.S. government in the
latter's attempt to gain access to international message traffic.[9]
National Security Agency (NSA)
1952: Seven years later, the National Security Agency (NSA) was officially established.[6] According
to The New York Times, the NSA was created in "absolute secrecy" by President Truman.[10] Six
weeks after President Truman took office, he ordered wiretaps on the telephones of Thomas
Gardiner Corcoran, a close advisor of Franklin D. Roosevelt.[11] The recorded conversations are
currently kept at the Harry S. Truman Presidential Library and Museum, along with other sensitive
documents (~233,600 pages (http://www.trumanlibrary.org/hstpaper/psf.htm)). In addition, the FBI
kept a dossier on First Lady Eleanor Roosevelt, who spoke out against anti-Japanese prejudice
during the second world war, and was a vocal supporter of the civil rights movement. The
3,000-page (http://vault.fbi.gov/Eleanor%20Roosevelt) FBI dossier on Eleanor Roosevelt reveals
the government's close monitoring of her activities and writings, and contains charges against her
for suspected Communist activities.[12][13]
Federal Bureau of Investigation (FBI)
At the request of the U.S. Army, those who
protested against the Vietnam War were
put on the NSA's "watch list".[9]
As the extent of the FBI's domestic surveillance continued to grow, many celebrities were also
secretly investigated by the bureau, including:
Frank Sinatra - His 1,300 page (http://vault.fbi.gov/Frank%20Sinatra) FBI dossier, dating from 1943, contains allegations about
Sinatra's possible ties to the American Communist Party. The FBI spent several decades tracking Sinatra and his associates.[14][15]
Marilyn Monroe - Her FBI dossier begins in 1955 and continues up until the months before her death. It focuses mostly on her travels
and associations, searching for signs of leftist views and possible ties to communism.[16] Her ex-husband, Arthur Miller, was also
monitored. Monroe's FBI dossier is "heavily censored", but a "reprocessed" version (http://vault.fbi.gov/Marilyn%20Monroe) has been
released by the FBI to the public.[16]
John Lennon - In 1971, shortly after Lennon arrived in the United States on a visa to meet up with anti-war activists, the FBI placed
Lennon under surveillance, and the U.S. government tried to deport him from the country.[17] At that time, opposition to the Vietnam
War had reached a peak and Lennon often showed up at political rallies to sing his anti-war anthem "Give Peace a Chance".[17] The U.S.
government argued that Lennon's 300 page (http://vault.fbi.gov/john-winston-lennon) FBI dossier was particularly sensitive because its
release may "lead to foreign diplomatic, economic and military retaliation against the United States",[18] and therefore only approved a
"heavily censored" version.[19]
The Beatles, which John Lennon was part of, had a separate FBI dossier (http://vault.fbi.gov/The%20Beatles).
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Some of the greatest historical figures of the 20th century, including several U.S. citizens, were placed under warrantless
surveillance for the purpose of character assassination - a process that aims to destroy the credibility and/or reputation
of a person, institution, or nation.
Left: Albert Einstein, who supported the anti-war movement and opposed nuclear proliferation, was a member of
numerous civil rights groups including the National Association for the Advancement of Colored People (See Albert
Einstein's political views). As a result of his political views, Einstein was subjected to telephone tapping, and his mail was
searched by the U.S. Federal Bureau of Investigation (FBI) as part of a secret government campaign that aimed to link
him with a Soviet espionage ring in order to first discredit him, and then deport him (unsuccessfully) from the United
States.[20][21][22]
Center: Martin Luther King, Jr., a leader of the African-American Civil Rights Movement, was the target of an intensive
campaign by the FBI to "neutralize" him as an effective civil rights activist.[23] A FBI memo recognized King to be the
"most dangerous and effective Negro leader in the country.",[24] and the agency wanted to discredit him by
collecting evidence to (unsuccessfully) prove that he had been influenced by communism.[24]
Right: Daniel Ellsberg, who leaked the Pentagon Papers to the media in 1971, experienced one of the most spectacular
episodes of government surveillance and character assassination. The White House tried to steal his medical records and
other possibly detrimental information by sending a special unit to break into the office of Ellsberg's psychiatrist.[25][26]
These activities were later uncovered during the course of investigation as the Watergate scandal slowly unfolded, which
eventually led to the resignation of President Richard Nixon.[27]
See also: The FBI kept a dossier on Albert Einstein (~1,500 pages (http://vault.fbi.gov/Albert%20Einstein)) and Martin
Luther King, Jr. (~17,000 pages (http://vault.fbi.gov/Martin%20Luther%20King,%20Jr.)). Due to a court order, however,
some information has been removed and many other pages will not be released until the year 2027.[28]
1967–73: The now-defunct Project MINARET was created to spy on U.S. citizens. At the request of the U.S. Army, those who protested against
the Vietnam War were put on the NSA's "watch list".[9]
Church committee review
1975: The Church Committee of the United States Senate was set up to investigate widespread intelligence abuses by the NSA, CIA and FBI.[6]
Domestic surveillance, authorizied by the highest executive branch of the federal government, spanned from the FDR Administration to the
Presidency of Richard Nixon. The following examples were reported by the Church Committee:
President Roosevelt asked the FBI to put in its files the names of citizens sending telegrams to the White House opposing his
"national defense" policy and supporting Col. Charles Lindbergh.[30]
President Truman received inside information on a former Roosevelt aide's efforts to influence his appointments, labor union
negotiating plans, and the publishing plans of journalists.[30]
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President Eisenhower received reports on purely political and social contacts with foreign
officials by Bernard Baruch, Eleanor Roosevelt, and Supreme Court Justice William O.
Douglas.[30]
The Kennedy administration ordered the FBI to wiretap a congressional staff member,
three executive officials, a lobbyist, and a Washington law firm. US Attorney General Robert
F. Kennedy received data from a FBI wire tap on Martin Luther King, Jr. and an electronic
listening device targeting a congressman, both of which yielded information of a political
nature.[30]
President Johnson asked the FBI to conduct "name checks" of his critics and members of
the staff of his 1964 opponent, Senator Barry Goldwater. He also requested purely political
intelligence on his critics in the Senate, and received extensive intelligence reports on
political activity at the 1964 Democratic Convention from FBI electronic surveillance.[30]
President Nixon authorized a program of wiretaps which produced for the White House
purely political or personal information unrelated to national security, including information
about a Supreme Court justice.[30]
The Final Report (Book II) (http://www.intelligence.senate.gov/pdfs94th/94755_II.pdf) of the
Church Committee revealed the following statistics:
Over 26,000 individuals were at one point catalogued on an FBI list of persons to be rounded
up in the event of a "national emergency".[30]
Over 500,000 domestic intelligence files were kept at the FBI headquarters, of which 65,000
of were opened in 1972 alone.[30]
The Church Committee of the United
States Senate published the final report on
"Intelligence Activities and the Rights of
Americans" in 1976 (PDF, 26.54 MB)
At least 130,000 first class letters were opened and photographed by the FBI from 1940 to
1966:.[30]
A quarter of a million first class letters were opened and photographed by the CIA from 1953
to 1973.[30]
Millions of private telegrams sent from, to, or through the United States were obtained by
the National Security Agency (NSA), under a secret arrangement with U.S. telegraph
companies, from 1947 to 1975:.[30]
Over 100,000 Americans have been indexed in U.S. Army intelligence files.[30]
About 300,000 individuals were indexed in a CIA computer system during the course of
Operation CHAOS.[30]
Intelligence files on more than 11,000 individuals and groups were created by the Internal
Revenue Service (IRS), with tax investigations "done on the basis of political rather than tax
criteria".[30]
From 1940 until his death in 1966, the
American business magnate Walt Disney
served as a "S.A.C. Contact" (trusted
informant) for the U.S. government to
weed out communists and dissidents from
the entertainment industry, according to
documents obtained by The New York
Times.[29]
In response to the committee's findings, the FISA Court was established by the United States
See also: Hollywood blacklist
Congress to issue surveillance warrants.[31] Several decades later in 2013, the presiding judge of
the FISA Court, Reggie Walton, told The Washington Post that the court only has a limited ability to
supervise the government's surveillance, and is therefore "forced" to rely upon the accuracy of the information that is provided by federal
agents.[32]
On August 17, 1975 Senator Frank Church stated on NBC's "Meet the Press" without mentioning the name of the NSA about this agency:
“
In the need to develop a capacity to know what potential enemies are doing, the United States government has perfected a
technological capability that enables us to monitor the messages that go through the air. Now, that is necessary and important
to the United States as we look abroad at enemies or potential enemies. We must know, at the same time, that capability at
any time could be turned around on the American people, and no American would have any privacy left such is the capability
to monitor everything — telephone conversations, telegrams, it doesn’t matter. There would be no place to hide.
If this government ever became a tyrant, if a dictator ever took charge in this country, the technological capacity that the
intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight
back because the most careful effort to combine together in resistance to the government, no matter how privately it was
done, is within the reach of the government to know. Such is the capability of this technology.
I don’t want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America,
and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper
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supervision so that we never cross over that abyss. That is the abyss from which there is no return.[33][34][35]
ECHELON
In 1988, an article titled "Somebody's listening" by Duncan Campbell in the New Statesman, described the signals intelligence gathering
activities of a program code-named "ECHELON.[36] The program was engaged by English-speaking World War II Allied powers Australia,
Canada, New Zealand, the United Kingdom and the United States (collectively know as AUSCANNZUKUS). It was created to monitor the military
and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[37]
By the 1990s the ECHELON system was capable of intercepting satellite transmissions, public switched telephone network (PSTN)
communications (including most Internet traffic), and transmissions carried by microwave. A detailed description of ECHELON was provided by
New Zealand journalist Nicky Hager in his 1996 book "Secret Power". While the existence of ECHELON was denied by some member
governments, a report by a committee of the European Parliament in 2001 confirmed the program's use and warned Europeans about its reach
and effects.[38] The European Parliament stated in its report that the term "ECHELON" was used in a number of contexts, but that the evidence
presented indicated it was a signals intelligence collection system capable of interception and content inspection of telephone calls, fax, e-mail
and other data traffic globally.[37]
The capabilities of ECHELON were further described by James Bamford in Body of Secrets about the National Security Agency.[40] Intelligence
monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement have, over the years, caused
considerable public concern.[41][42]
NSA key to (Microsoft) Windows: an open question
Microsoft operating systems have a backdoor entrance for the National Security Agency, a cryptography expert said Friday, but the software giant
denied the report and other experts differed on it.
The chief scientist at an Internet security company said Microsoft built in a "key" for the nation's most powerful intelligence agency to the
cryptographic standard used in Microsoft Windows 95, Windows 98, Windows NT4 and Windows2000.
- CNN, September 1999[43]
Escalation following the September 11th attacks of 2001
Further information: NSA warrantless surveillance (2001–07)
“
"We will come together to strengthen our intelligence capabilities to know the plans of terrorists before they act and to find
”
them before they strike."
—President Bush speaking in Congress on September 20, 2001[44]
In the aftermath of the September 2001 attacks on the
World Trade Center and Pentagon, bulk domestic spying
in the United States increased dramatically. The desire
to prevent future attacks of this scale led to the passage
of the Patriot Act. Later acts include the Protect America
Act (which removes the warrant requirement for
government surveillance of foreign targets[47]) and the
FISA Amendments Act (which relaxed some of the
original FISA court requirements).
In 2002, "Total Information Awareness" was established
by the U.S. government in order to "revolutionize the
ability of the United States to detect, classify and
identify foreign terrorists".[48]
The September 11 attacks on the World
Trade Center led to major reforms of U.S.
intelligence agencies, and paved the way
for the establishment of the Director of
National Intelligence position
On 1 January 2006, days after The New
York Times wrote that "Bush Lets U.S. Spy
on Callers Without Courts,[45] the
President emphasized that "This is a
limited program designed to prevent
attacks on the United States of America.
And I repeat, limited."[46]
In 2005, a report about President Bush's President's
Surveillance Program appeared in the New York Times.
According to reporters James Risen and Eric Lichtblau,
the actual publication of their report was delayed for a year because "The White House asked The
New York Times not to publish this article".[45]
Also in 2005, the existence of STELLARWIND was revealed by Thomas Tamm. In 2006, Mark Klein
revealed the existence of Room 641A that he had wired back in 2003.[49] In 2008, Babak Pasdar, a
computer security expert, and CEO of Bat Blue publicly revealed the existence of the "Quantico
circuit", that he and his team found in 2003. He described it as a back door to the federal government in the systems of an unnamed wireless
provider; the company was later independently identified as Verizon.[50]
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You Are a Suspect
Every purchase you make with a credit card, every magazine subscription you buy and medical prescription you fill, every Web site you visit and
e-mail you send or receive, every academic grade you receive, every bank deposit you make, every trip you book and every event you attend -- all
these transactions and communications will go into what the Defense Department describes as a virtual, centralized grand database. To this
computerized dossier on your private life from commercial sources, add every piece of information that government has about you -- passport
application, driver's license and toll records, judicial and divorce records, complaints from nosy neighbors to the F.B.I., your lifetime paper trail plus
the latest hidden camera surveillance -- and you have the supersnoop's dream: a Total Information Awareness about every U.S. citizen.
This is not some far-out Orwellian scenario. It is what will happen to your personal freedom in the next few weeks if John Poindexter gets the
unprecedented power he seeks.".
- The New York Times, November 2002[51]
Trading on the Future of Terror
The war on terrorism has come to this: The Pentagon is setting up a commodity-style market to use real investors -- putting down real money -- to
help its generals predict terrorist attacks, coups d'etat and other turmoil in the Middle East.
"Two angry senators disclosed the program, called the Policy Analysis Market, in hopes of heading off the registration of investors, set to begin
Friday. Democratic Sens. Ron Wyden of Oregon and Byron L. Dorgan of North Dakota said more than $500,000 in taxpayer funds has already been
spent to develop the project, and the Pentagon has requested $8 million over the next two years. Trading would begin Oct. 1."
"Can you imagine if another country set up a betting parlor so that people could ... bet on the assassination of an American political figure?" Dorgan
asked. It is, he said, "unbelievably stupid."
Poindexter and other senior DARPA officials could not be reached for comment. But in a statement, DARPA said it "is exploring new ways to help
analysts predict and thereby prevent terrorist attacks through the use of futures market mechanisms. Research indicates that markets are extremely
efficient, effective and timely aggregators of dispersed and even hidden information."".
- The Los Angeles Times, July 2003[52]
The NSA's database of American's phone calls was made public in 2006 by USA Today journalist Leslie Cauley in an article titled, "NSA has
massive database of Americans' phone calls."[53] The article cites anonymous sources that described the program's reach on American citizens:
"...it means that the government has detailed records of calls they made — across town or across the country — to family members,
co-workers, business contacts and others. The three telecommunications companies are working under contract with the NSA, which launched
the program in 2001 shortly after the Sept. 11 terrorist attacks." The report failed to generate discussion of privacy rights in the media and was
not referenced by Greenwald or the Washington post in any of their reporting.
In 2009, The New York Times cited several anonymous intelligence officials alleging that "the N.S.A. made Americans targets in eavesdropping
operations based on insufficient evidence tying them to terrorism" and "the N.S.A. tried to wiretap a member of Congress without a
warrant".[54]
Acceleration of media leaks (2010–present)
On 15 March 2012, the American magazine Wired published an article with the headline "The NSA Is Building the Country's Biggest Spy Center
(Watch What You Say)",[55] which was later mentioned by U.S. Rep. Hank Johnson during a congressional hearing. In response to Johnson's
inquiry, NSA director Keith B. Alexander testified that these allegations made by Wired magazine were untrue:
NSA Director Keith Alexander's testimony to the United States Congress on 20 March 2012[56]
Representative Johnson: "The author of the Wired magazine article, his name is James Bashford, [sic] he writes that NSA
has software that “searches U.S. sources for target addresses, locations, countries and phone numbers as well as
watchlisted names, keywords, and phrases in email. Any communication that arouses suspicion, especially those to or
from the million or so people on the agency watchlists are automatically copied or recorded and then transmitted to
the NSA.” Is this true?"
General Alexander: "No, it's not. And that's from James Bashford? [sic]"
Rep. Johnson: "Yes. Does the NSA routinely intercept American citizens’ emails?"
Gen. Alexander: "No."
Rep. Johnson: "Does the NSA intercept Americans’ cell phone conversations?"
Gen. Alexander: "No."
Rep. Johnson: "Google searches?"
Gen. Alexander: "No."
Rep. Johnson: "Text messages?"
Gen. Alexander: "No."
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Rep. Johnson: "Amazon.com orders?"
Gen. Alexander: "No."
Rep. Johnson: "Bank records?"
Gen. Alexander: "No."[56]
2013 mass surveillance disclosures
Main article: 2013 mass surveillance disclosures
On 6 June 2013, Britain's The Guardian newspaper began publishing a series of revelations by an as yet unknown American whistleblower,
revealed several days later to be ex-CIA and ex-NSA-contracted systems analyst Edward Snowden. Snowden gave a cache of documents to two
journalists: Glenn Greenwald and Laura Poitras, Greenwald later estimated that the cache contains 15,000 – 20,000 documents, some very
large and very detailed, and some very small.[57][58] This was one of the largest news leaks in the modern history of the United States.[59] In
over two months of publications, it became clear that the NSA operates a complex web of spying programs which allow it to intercept internet
and telephone conversations from over a billion users from dozens of countries around the world. Specific revelations have been made about
China, the European Union, Latin America, Iran and Pakistan, and Australia and New Zealand, however the published documentation reveals
that many of the programs indiscriminately collect bulk information directly from central servers and internet backbones, which almost invariably
carry and reroute information from distant countries.
Due to this central server and backbone monitoring, many of the programs overlap and interrelate among one another. These programs are
often done with the assistance of US entities such as the United States Department of Justice and the FBI,[60] are sanctioned by US laws such
as the FISA Amendments Act, and the necessary court orders for them are signed by the secret Foreign Intelligence Surveillance Court. In
addition to this, many of the NSA's programs are directly aided by national and foreign intelligence services, Britain's GCHQ and Australia's DSD,
as well as by large private telecommunications and internet corporations, such as Verizon, Telstra,[61] Google and Facebook.[62]
On 9 June 2013, Edward Snowden told The Guardian:
"They (the NSA) can use the system to go back in time and scrutinize every decision you've ever made, every friend you've ever
discussed something with, and attack you on that basis to sort of derive suspicion from an innocent life and paint anyone in the
context of a wrongdoer"
—Edward Snowden[63]
The US government has aggressively sought to dismiss and challenge Fourth Amendment cases raised: Hepting v. AT&T, Jewel v. NSA, Clapper
v. Amnesty International, Al-Haramain Islamic Foundation v. Obama and Center for Constitutional Rights v. Obama. The government has also
granted retroactive immunity to ISPs and telecoms participating in domestic surveillance.[64][65]
Modalities, concepts, and methods
Logging postal mail
Main article: Mail Isolation Control and Tracking
Under the Mail Isolation Control and Tracking program, the U.S. Postal Service photographs the exterior
of every piece of paper mail that is processed in the United States — about 160 billion pieces in 2012.
The U.S. Postmaster General stated that the system is primarily used for mail sorting, but the images
are available for possible use by law enforcement agencies.[66] Created in 2001 following the anthrax
attacks that killed five people, it is a sweeping expansion of a 100 year old program called "mail cover"
which targets people suspected of crimes. Together, the two programs show that postal mail is subject
to the same kind of scrutiny that the National Security Agency gives to telephone calls, e-mail, and
other forms of electronic communication.[67]
Mail cover surveillance requests are granted for about 30 days, and can be extended for up to 120
days. Images captured under the Mail Isolation Control and Tracking program are retained for a week
to 30 days and then destroyed.[66] There are two kinds of mail covers: those related to criminal activity
and those requested to protect national security. Criminal activity requests average 15,000 to 20,000
per year, while the number of requests for national security mail covers has not been made public.
Neither the Mail Isolation Control and Tracking program nor the mail cover program require prior
approval by a judge. For both programs the information gathered is metadata from the outside of the
envelope or package for which courts have said there is no expectation of privacy. Opening the mail to view
warrant approved by a judge.[67]
Official seal of the Information
Awareness Office -- a U.S. agency
which developed technologies for mass
surveillance
its contents would require a
Wiretapping
Billions of dollars per year are spent, by agencies such as the Information Awareness Office, National Security Agency, and the Federal Bureau
of Investigation, to develop, purchase, implement, and operate systems such as Carnivore, ECHELON, and NarusInsight to intercept and
analyze the immense amount of data that traverses the Internet and telephone system every day.[68]
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The Total Information Awareness program, of the Information Awareness Office, designed numerous technologies to be used to perform mass
surveillance. Examples include advanced speech-to-text programs (so that phone conversations can be monitored en-masse by a computer,
instead of requiring human operators to listen to them), social network analysis software to monitor groups of people and their interactions with
each other, and "Human identification at a distance" software which allows computers to identify people on surveillance cameras by their facial
features and gait (the way they walk). The program was later renamed "Terrorism Information Awareness", after a negative public reaction.
Legal foundations
The Communications Assistance for Law Enforcement Act (CALEA) requires that all U.S. telecommunications companies modify their equipment
to allow easy wiretapping of telephone, VoIP, and broadband internet traffic.[69][70][71]
In 1999 two models of mandatory data retention were suggested for the US: What IP address was assigned to a customer at a specific time. In
the second model, "which is closer to what Europe adopted", telephone numbers dialed, contents of Web pages visited, and recipients of e-mail
messages must be retained by the ISP for an unspecified amount of time.[72][73] In 2006 the International Association of Chiefs of Police
adopted a resolution calling for a "uniform data retention mandate" for "customer subscriber information and source and destination
information."[74] The U.S. Department of Justice announced in 2011 that criminal investigations "are being frustrated" because no law currently
exists to force Internet providers to keep track of what their customers are doing.[75]
The Electronic Frontier Foundation has an ongoing lawsuit (Hepting v. AT&T) against the telecom giant AT&T Inc. for its assistance of the U.S.
government in monitoring the communications of millions of American citizens. It has managed thus far to keep the proceedings open. Recently
the documents, exposed by a whistleblower who previously worked for AT&T, showing schematics of the massive data mining system were
made public.[76][77]
Internet communications
The FBI developed the computer programs "Magic Lantern" and CIPAV, which they can remotely install on a computer system, in order to
monitor a person's computer activity.[78]
The NSA has been gathering information on financial records, internet surfing habits, and monitoring e-mails. They have also performed
extensive surveillance on social networks such as Myspace.[79]
Intelligence apparatus to monitor Americans
Since the September 11, 2001 terrorist attacks, a vast domestic intelligence apparatus has been built to collect information using FBI, local
police, state homeland security offices and military criminal investigators. The intelligence apparatus collects, analyzes and stores information
about millions of (if not all) American citizens, many of whom have not been accused of any wrongdoing. Every state and local law enforcement
agency is to feed information to federal authorities to support the work of the FBI.[80]
The PRISM special source operation system was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments
Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by
Congress under President Obama in 2012 for five years until December 2017. According to The Register, the FISA Amendments Act of 2008
"specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without
obtaining a warrant" when one of the parties is outside the U.S.
PRISM was first publicly revealed on 6 June 2013, after classified documents about the program were leaked to The Washington Post and The
Guardian by American Edward Snowden.
Telephones
In early 2006, USA Today reported that several major telephone companies were cooperating illegally with the National Security Agency to
monitor the phone records of U.S. citizens, and storing them in a large database known as the NSA call database. This report came on the heels
of allegations that the U.S. government had been conducting electronic surveillance of domestic telephone calls without warrants.[81]
Law enforcement and intelligence services in the United States possess technology to remotely activate the microphones in cell phones in order
to listen to conversations that take place nearby the person who holds the phone.[82][83][84]
U.S. federal agents regularly use mobile phones to collect location data. The geographical location of a mobile phone (and thus the person
carrying it) can be determined easily (whether it is being used or not), using a technique known multilateration to calculate the differences in
time for a signal to travel from the cell phone to each of several cell towers near the owner of the phone.[85][86]
In 2013, the existence of the Hemisphere Project, through which AT&T provides call detail records to government agencies, became publicly
known.
Infiltration of smartphones
As worldwide sales of smartphones began exceeding those of feature phones, the NSA decided to take advantage of the smartphone boom.
This is particularly advantageous because the smartphone combines a myriad of data that would interest an intelligence agency, such as social
contacts, user behavior, interests, location, photos and credit card numbers and passwords.[87]
An internal NSA report from 2010 stated that the spread of the smartphone has been occurring "extremely rapidly"—developments that
"certainly complicate traditional target analysis."[87] According to the document, the NSA has set up task forces assigned to several smartphone
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manufacturers and operating systems, including Apple Inc.'s iPhone and iOS operating system, as well as Google's Android mobile operating
system.[87] Similarly, Britain's GCHQ assigned a team to study and crack the BlackBerry.[87]
A secret NSA presentation, leaked to Laura Poitras and Der Spiegel, introduces the NSA's iPhone Location Services:[88]
First slide: "Who knew in 1984..."(A reference to George Orwell's dystopian novel Nineteen Eighty-Four and Apple's
1984 ad)
Second slide:"...that this would be big brother..." (Referring to Steve Jobs of Apple Inc. and the iPhone brand)
Third slide:"...and the zombies would be paying customers?"
Under the heading "iPhone capability," the document notes that there are smaller NSA programs, known as "scripts," that can perform
surveillance on 38 different features of the iPhone 3 and iPhone 4 operating systems. These include the mapping feature, voicemail and photos,
as well as Google Earth, Facebook and Yahoo! Messenger.[87]
In July 2013, Google confirmed that it had inserted NSA's Security Enhancements for Android (http://selinuxproject.org/page/SEAndroid)
(containing NSA's Security-Enhanced Linux[89] that is "generally accepted as being [a great addition that makes] a secure operating system
even more safe"[90]) source code into its Android 4.2 operating system.[91] Newer devices such as the Sony Xperia Z, HTC One, and Samsung
Galaxy S4, all contain it "buried in Google’s latest release".[91]
Data mining of subpoenaed records
See also: Data mining, Information extraction, and Predictive analytics
The FBI collected nearly all hotel, airline, rental car, gift shop, and casino records in Las Vegas during the last two weeks of 2003. The FBI
requested all electronic data of hundreds of thousands of people based on a very general lead for the Las Vegas New Year's celebration. The
Senior VP of The Mirage went on record with PBS' Frontline describing the first time they were requested to help in the mass collection of
personal information.[92]
Surveillance cameras
Traffic cameras, which were meant to help enforce traffic laws at intersections, have also sparked some controversy, due to their use by law
enforcement agencies for purposes unrelated to traffic violations.[93] These cameras also work as transit choke-points that allow individuals
inside the vehicle to be positively identified and license plate data to be collected and time stamped for cross reference with airborne Wide Area
Persistent Surveillance Systems such as ARGUS and HAWKEYE used by police.[94]
Wide Area Persistent Surveillance using Wide Area Motion Imagery is capable of live viewing and recording a 68 square mile area with enough
detail to view pedestrians and vehicles.[95] These gigapixel cameras, such as Gorgon Stare, Angelfire, Hawkeye and ARGUS,[96] create airborne
video so detailed that pedestrians can be followed across the city through forensic analysis. This allows investigators to rewind and playback the
movements of anyone within this 68 square mile area.
PeSEAS[97] and PerMIATE[98] software automate and record the movement observed in the WAMI video.[99] This technology uses software to
track and record the movements of pedestrians and vehicles using automatic object recognition software across the entire frame, generating
"tracklets" or chronographs of every car and pedestrian movements. 24/7 deployment of this technology has been suggested by the DHS on
spy blimps such as the recently killed Blue Devil Airship.[100]
The Department of Homeland Security is funding networks of surveillance cameras in cities and towns as part of its efforts to combat
terrorism.[101] In February 2009, Cambridge, MA rejected the cameras due to privacy concerns.[102]
Infiltration of activist groups
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The New York City Police Department infiltrated and compiled dossiers on protest groups before the 2004 Republican National Convention,
leading to over 1,800 arrests and subsequent fingerprinting.[103]
International cooperation
During World War II, the BRUSA Agreement was signed by the governments of the United States
and the United Kingdom for the purpose of intelligence sharing. This was later formalized in the
UKUSA Agreement of 1946 as a secret treaty. The full text of the agreement was released to the
public on 25 June 2010.[104]
Although the treaty was later revised to include other countries such as Denmark, Germany, Ireland,
Norway, Turkey, and the Philippines,[104] most of the information sharing is performed by the
so-called "Five Eyes",[105] a term referring to the following English-speaking western democracies
and their respective intelligence agencies:
– The Defence Signals Directorate of Australia[105]
The "five eyes" of Australia, Canada, New
Zealand, the United Kingdom and the
United States
– The Communications Security Establishment of Canada[105]
– The Government Communications Security Bureau of New Zealand[105]
– The Government Communications Headquarters of the United Kingdom, which is widely considered to be a leader in traditional
spying due to its influence on countries that were once colonies of the British Empire.[105]
– The National Security Agency of the United States, which has the biggest budget and the most advanced technical abilities among
the "five eyes".[105]
In 2013, media disclosures revealed how other government agencies have cooperated extensively with the "Five Eyes":
- The Politiets Efterretningstjeneste (PET) of Denmark, a domestic intelligence agency, exchanges data with the NSA on a regular
basis, as part of a secret agreement with the United States.[106]
– The Bundesnachrichtendienst (Federal Intelligence Service) of Germany systematically transfers metadata from German
intelligence sources to the NSA. In December 2012 alone, Germany provided the NSA with 500 million metadata records.[107] The NSA
granted the Bundesnachrichtendienst access to X-Keyscore,[108] in exchange for Mira4 and Veras.[107] In early 2013, Hans-Georg
Maaßen, President of the German domestic security agency BfV, made several visits to the headquarters of the NSA. According to
classified documents of the German government, Maaßen had agreed to transfer all data collected by the BfV via XKeyscore to the
NSA.[109] In addition, the BfV has been working very closely with eight other U.S. government agencies, including the CIA.[110]
- The SIGINT National Unit of Israel routinely receives raw intelligence data (including those of U.S. citizens) from the NSA.[111]
(See also: Memorandum of understanding between the NSA and Israel)
- The Algemene Inlichtingen en Veiligheidsdienst (General Intelligence and Security Service) of the Netherlands has been receiving
and storing user information gathered by U.S. intelligence sources such as PRISM.[112]
– The Defence Ministry of Singapore and its Security and Intelligence Division have been secretly intercepting much of the fibre
optic cable traffic passing through the Asian continent. Information gathered by the Government of Singapore is transferred to the
Government of Australia as part of an intelligence sharing agreement. This allows the "Five Eyes" to maintain a "stranglehold on
communications across the Eastern Hemisphere".[113]
– The National Defence Radio Establishment of Sweden (codenamed Sardines)[114] has been working extensively with the NSA,
and it has granted the "five eyes" access to underwater cables in the Baltic Sea.[114]
- The Federal Intelligence Service (FSI) of Switzerland regularly exchanges information with the NSA, based on a secret agreement.
[106][115]
In addition, the NSA has been granted access to Swiss monitoring facilities in Leuk (canton of Valais) and Herrenschwanden
(canton of Bern).[106]
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Top secret documents leaked by Edward Snowden revealed that the "Five Eyes" have gained access to the majority of internet and telephone communications
flowing throughout Europe, the United States, and other parts of the world.
Left: SEA-ME-WE 3, which runs across the Afro-Eurasian supercontinent from Japan to Northern Germany, is one of the most important submarine cables
accessed by the "Five Eyes". Singapore, a former British colony in the Asia-Pacific region (blue dot), plays a vital role in intercepting internet and
telecommunications traffic heading from Australia/Japan to Europe, and vice versa. An intelligence sharing agreement between Singapore and Australia allows
the rest of the "Five Eyes" to gain access to SEA-ME-WE 3.[113]
Right:TAT-14, a telecommunications cable linking Europe with the United States, was identified as one of few assets of "Critical Infrastructure and Key
Resources" of the USA on foreign territory. In 2013, it was revealed that British officials "pressured a handful of telecommunications and internet companies"
to allow the British government to gain access to TAT-14.[116]
Aside from the "Five Eyes", most other Western countries are also participating in the NSA surveillance system and sharing information with
each other.[117] However, being a partner of the NSA does not automatically exempt a country from being targeted by the NSA. According to an
internal NSA document leaked by Snowden, "We (the NSA) can, and often do, target the signals of most 3rd party foreign partners."[118]
Examples of members of the "Five Eyes" spying for each other:
On behalf of the British Prime Minister Margaret Thatcher, the Security Intelligence Service of Canada spied on two British cabinet
ministers in 1983.[119]
The U.S. National Security Agency spied on and intercepted the phone calls of Princess Diana right until she died in a Paris car crash with
Dodi Fayed in 1997. The NSA currently holds 1,056 pages of classified information about Princess Diana, which cannot be released to
public because their disclosure is be expected to cause "exceptionally grave damage" to the national security of the United States.[120]
Uses of intercepted data
Other than to combat terrorism, these surveillance programs have been employed to assess the foreign policy and economic stability of other
countries,[121] and to gather "commercial secrets".[122]
In a statement addressed to the National Congress of Brazil, journalist Glenn Greenwald testified that the U.S. government uses counterterrorism as a "pretext" for clandestine surveillance in order to compete with other countries in the "business, industrial and economic fields".
[123][124][125]
In an interview with Der Spiegel published on 12 August 2013, former NSA Director Michael Hayden admitted that "We (the NSA) steal secrets.
We're number one in it". Hayden also added that "We steal stuff to make you safe, not to make you rich".[121]
According to documents seen by the news agency Reuters, these "secrets" are subsequently funnelled to authorities across the nation to help
them launch criminal investigations of Americans.[126] Federal agents are then instructed to "recreate" the investigative trail in order to "cover
up" where the information originated.[126]
Targets
Main article: List of Americans under surveillance
See also
Mass surveillance in the United Kingdom
Censorship in the United States
Freedom of speech in the United States
Internet censorship in the United States
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We're (the NSA) in bed together with the Germans the same as with
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External links
"The NSA Files (Dozens of articles about the U.S. National Security Agency and its spying and surveillance programs)"
(http://www.guardian.co.uk/world/the-nsa-files). The Guardian. 2013.
"CriMNet Evaluation Report" (http://www.auditor.leg.state.mn.us/ped/pedrep/0405all.pdf) by the Office of the Legislative Auditor of a
Minnesota program to improve sharing of criminal justice information, March 2004.
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