NSA=National Snooping Agency |
Yes slaves, according to the NSA you DO NOT have any rights and/or freedoms to evade being spied upon, your privacy invaded and being wrongfully classed as trouble for those of profit/gain and/or control.
GET IT?
The following articles are with the oldest first except for the Washington Post one. (click on any image to see it larger)
Mikhael Love, IIO
Via
If you read Boing Boing, the NSA considers you a target for deep surveillance
First published 7:00 am Thu, Jul 3, 2014
by Cory Doctorow
The NSA says it only banks the communications of "targeted" individuals.
Guess what? If you follow a search-engine link to Boing Boing's
articles about Tor and Tails, you've been targeted. Cory Doctorow digs into Xkeyscore and the NSA's deep packet inspection rules.
In a shocking story on the German site Tagesschau (Google translate), Lena Kampf, Jacob Appelbaum and John Goetz report on the rules used by the NSA to decide who is a "target" for surveillance.
Since the start of the Snowden story in 2013, the NSA has stressed
that while it may intercept nearly every Internet user's communications,
it only "targets" a small fraction of those, whose traffic patterns
reveal some basis for suspicion. Targets of NSA surveillance don't have
their data flushed from the NSA's databases on a rolling 48-hour or
30-day basis, but are instead retained indefinitely.
The authors of the Tagesschau story have seen the "deep packet
inspection" rules used to determine who is considered to be a legitimate
target for deep surveillance, and the results are bizarre.
According to the story, the NSA targets anyone who searches for online articles about Tails -- like this one that we published in April, or this article for teens that I wrote in May -- or Tor (The Onion Router, which we've been posted about since 2004). Anyone who is determined to be using Tor is also targeted for long-term surveillance and retention.
Tor and Tails have been part of the mainstream discussion of online
security, surveillance and privacy for years. It's nothing short of
bizarre to place people under suspicion for searching for these terms.
More importantly, this shows that the NSA uses "targeted surveillance"
in a way that beggars common sense. It's a dead certainty that people
who heard the NSA's reassurances about "targeting" its surveillance on
people who were doing something suspicious didn't understand that the
NSA meant people who'd looked up technical details about systems that
are routinely discussed on the front page of every newspaper in the
world.
But it's not the first time the NSA has deployed specialized, highly
counterintuitive wordsmithing to play games with the public, the law and
its oversight. From James Clapper's insistence that he didn't lie to Congress
about spying on Americans because he was only intercepting all their
data, but not looking at it all; to the internal wordgames on evidence
in the original Prism leak
in which the NSA claimed to have "direct access" to servers from
Google, Yahoo, Microsoft, Apple, etc, even though this "direct access"
was a process by which the FBI would use secret warrants to request
information from Internet giants without revealing that the data was
destined for the NSA.
I have known that this story was coming for some time now, having
learned about its broad contours under embargo from a trusted source.
Since then, I've discussed it in confidence with some of the technical
experts who have worked on the full set of Snowden docs, and they were
as shocked as I was.
One expert suggested that the NSA's intention here was to separate the
sheep from the goats -- to split the entire population of the Internet
into "people who have the technical know-how to be private" and "people
who don't" and then capture all the communications from the first group.
Another expert said that s/he believed that this leak may come from a
second source, not Edward Snowden, as s/he had not seen this in the
original Snowden docs; and had seen other revelations that also appeared
independent of the Snowden materials. If that's true, it's big news, as
Snowden was the first person to ever leak docs from the NSA. The
existence of a potential second source means that Snowden may have
inspired some of his former colleagues to take a long, hard look at the
agency's cavalier attitude to the law and decency.
Update: Bruce Schneier also believes there is a second leaker.
Update 2: Appelbaum and others have posted an excellent English language article expanding on this in Der Erste.
-Cory Doctorow
About the Author
I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.& Via
NSA trove shows 9:1 ratio of innocents to suspicious people in "targeted surveillance"
First published 7:16 am Sun, Jul 6, 2014
NSA data shows that 90 percent of people surveilled are innocent Americans whom the agency is legally prohibited from spying upon. Cory Doctorow looks at what the NSA means when it says "targeted."
The review was undertaken by Barton Gellman, Julie Tate and Ashkan Soltani for the Washington Post,
working from a cache of previously undisclosed primary surveillance
data that Edward Snowden took with him when he left the NSA.
In many cases, it's clear that the NSA has good reason to be
concerned about its surveillance targets, but it's also clear that the
collateral targets -- who far outnumber the first group -- have
intimate, totally irrelevant information about their lives collected and
retained by the spies, where it is routinely accessed by spies,
analysts, and private-sector contractors.
Almost everything in the NSA cache is haystack, in other words, with
just a few needles. And the hay is deliberately collected and retained,
even though it consists of things like love notes, baby pictures,
medical records, and other intimate data belonging to people who are
under no suspicion at all.
And while foreigners -- myself included -- are justifiably anxious about
the possibility that the NSA faces no legal hurdles to collection of
our data, it's significant that the NSA deliberately targets Americans
in the USA and abroad. That's because the NSA is legally enjoined from
spying on Americans, and the proof that the agency is flouting this
prohibition is evidence of illegal activity and strengthens the case for
more oversight, reform and intervention from the US Congress.
The NSA uses laughably sloppy tools for deciding whether a target is a
"US person" (a person in the USA, or an American citizen abroad). For
example, people whose address books contain foreign persons are presumed
by some analysts to be foreign. Likewise, people who post in "foreign"
languages (the US has no official state language) are presumed by some
analysts to be non-US persons.
When the NSA does determine that it is intercepting US persons'
communications, it is required to take "minimization" steps on any data
it retains. However, many of these minimization steps are likewise
laughably inadequate -- for example, in early 2009, the files refer to
"minimized U.S. president-elect," rather than Barack Obama, but you
hardly need be a surveillance mastermind to make sense of this.
The documents reveal how the controversial "section 702" of the Foreign
Intelligence Surveillance Act has become the go-to basis for
surveillance, 702 further lowers the bar for conducting surveillance
from the already generous height at which it had been previously set. In
the cache, the Post reporters see evidence that analysts whose
judicial surveillance authorization warrants have expired then switch
to 702 as their basis for continuing spying, rather than demonstrating
to a judge that their cause is good.
Snowden says he released this cache to the Washington Post to better
inform the debate about 702. The NSA's allies in Congress talk about 702
as something used in special cases and with due care. But it's clear
from these documents that 702 is a legal back-door that lets spies avoid
the very generous and casual oversight of the FISA court, a veritable
rubberstamp factory that grants virtually every NSA request.
Last week's revelations
about the NSA's "targeted" surveillance program showed us that NSA
wordsmithing has distorted the word "targeted" beyond all recognition,
but that was about a largely automated system that spied on people based
on stupid, automated rules (albeit rules that a human being had created
and put in place).
In this story, we see that even when a trained NSA analyst is making
individual, case-by-case decisions about which people to target, s/he
can be expected to get it wrong nine times out of ten.
Nice shooting, Tex.
-Cory Doctorow
In NSA-intercepted data, those not targeted far outnumber the foreigners who are [Barton Gellman, Julie Tate and Ashkan Soltani/Washington Post]
Via
In NSA-intercepted data, those not targeted far outnumber the foreigners who are
Files provided by Snowden show extent to which ordinary Web users are caught in the net
Ordinary Internet users, American and non-American alike, far
outnumber legally targeted foreigners in the communications intercepted
by the National Security Agency from U.S. digital networks, according to a four-month investigation by The Washington Post.
Nine of 10 account holders found in a large cache of intercepted conversations, which former NSA contractor Edward Snowden
provided in full to The Post, were not the intended surveillance
targets but were caught in a net the agency had cast for somebody else.
Many
of them were Americans. Nearly half of the surveillance files, a
strikingly high proportion, contained names, e-mail addresses or other
details that the NSA marked as belonging to U.S. citizens or residents.
NSA analysts masked, or “minimized,” more than 65,000 such references to
protect Americans’ privacy, but The Post found nearly 900 additional
e-mail addresses, unmasked in the files, that could be strongly linked
to U.S. citizens or U.S.residents.
The surveillance files
highlight a policy dilemma that has been aired only abstractly in
public. There are discoveries of considerable intelligence value in the
intercepted messages — and collateral harm to privacy on a scale that
the Obama administration has not been willing to address.
Among
the most valuable contents — which The Post will not describe in detail,
to avoid interfering with ongoing operations — are fresh revelations
about a secret overseas nuclear project, double-dealing by an ostensible
ally, a military calamity that befell an unfriendly power, and the
identities of aggressive intruders into U.S. computer networks.
Months of tracking communications across more than 50 alias accounts,
the files show, led directly to the 2011 capture in Abbottabad of
Muhammad Tahir Shahzad, a Pakistan-based bomb builder, and Umar Patek, a
suspect in a 2002 terrorist bombing on the Indonesian island of Bali.
At the request of CIA officials, The Post is withholding other examples
that officials said would compromise ongoing operations.
Many
other files, described as useless by the analysts but nonetheless
retained, have a startlingly intimate, even voyeuristic quality. They
tell stories of love and heartbreak, illicit sexual liaisons,
mental-health crises, political and religious conversions, financial
anxieties and disappointed hopes. The daily lives of more than 10,000
account holders who were not targeted are catalogued and recorded
nevertheless.
In order to allow time for analysis and outside
reporting, neither Snowden nor The Post has disclosed until now that he
obtained and shared the content of intercepted communications. The cache
Snowden provided came from domestic NSA operations under the broad
authority granted by Congress in 2008 with amendments to the Foreign
Intelligence Surveillance Act. FISA content is generally stored in
closely controlled data repositories, and for more than a year, senior
government officials have depicted it as beyond Snowden’s reach.
The
Post reviewed roughly 160,000 intercepted e-mail and instant-message
conversations, some of them hundreds of pages long, and 7,900 documents
taken from more than 11,000 online accounts.
The material spans President Obama’s first term, from 2009 to 2012, a
period of exponential growth for the NSA’s domestic collection.
Taken together, the files offer an unprecedented vantage point on the changes wrought by Section 702 of the FISA amendments,
which enabled the NSA to make freer use of methods that for 30 years
had required probable cause and a warrant from a judge. One program,
code-named PRISM,
extracts content stored in user accounts at Yahoo, Microsoft, Facebook,
Google and five other leading Internet companies. Another, known inside
the NSA as Upstream, intercepts data on the move as it crosses the U.S.
junctions of global voice and data networks.
No government
oversight body, including the Justice Department, the Foreign
Intelligence Surveillance Court, intelligence committees in Congress or
the president’s Privacy and Civil Liberties Oversight Board, has delved
into a comparably large sample of what the NSA actually collects — not
only from its targets but also from people who may cross a target’s
path.
Among the latter are medical records sent from one family member to
another, résumés from job hunters and academic transcripts of
schoolchildren. In one photo, a young girl in religious dress beams at a
camera outside a mosque.
Scores of pictures show infants and
toddlers in bathtubs, on swings, sprawled on their backs and kissed by
their mothers. In some photos, men show off their physiques. In others,
women model lingerie, leaning suggestively into a webcam or striking
risque poses in shorts and bikini tops.
“None of the hits that were received were relevant,” two Navy
cryptologic technicians write in one of many summaries of nonproductive
surveillance. “No additional information,” writes a civilian analyst.
Another makes fun of a suspected kidnapper, newly arrived in Syria
before the current civil war, who begs for employment as a janitor and
makes wide-eyed observations about the state of undress displayed by
women on local beaches.
By law, the NSA may “target” only
foreign nationals located overseas unless it obtains a warrant based on
probable cause from a special surveillance court. For collection under
PRISM and Upstream rules, analysts must state a reasonable belief that
the target has information of value about a foreign government, a
terrorist organization or the spread of nonconventional weapons.
Most
of the people caught up in those programs are not the targets and would
not lawfully qualify as such. “Incidental collection” of third-party
communications is inevitable in many forms of surveillance, but in other
contexts the U.S. government works harder to limit and discard
irrelevant data. In criminal wiretaps, for example, the FBI is supposed
to stop listening to a call if a suspect’s wife or child is using the
phone.
There are many ways to be swept up incidentally in
surveillance aimed at a valid foreign target. Some of those in the
Snowden archive were monitored because they interacted directly with a
target, but others had more-tenuous links.
If a target entered an
online chat room, the NSA collected the words and identities of every
person who posted there, regardless of subject, as well as every person
who simply “lurked,” reading passively what other people wrote.
“1 target, 38 others on there,” one analyst wrote. She collected data on them all.
In
other cases, the NSA designated as its target the Internet protocol, or
IP, address of a computer server used by hundreds of people.
The
NSA treats all content intercepted incidentally from third parties as
permissible to retain, store, search and distribute to its government
customers. Raj De, the agency’s general counsel, has testified that the
NSA does not generally attempt to remove irrelevant personal content,
because it is difficult for one analyst to know what might become
relevant to another.
The Obama administration declines to discuss
the scale of incidental collection. The NSA, backed by Director of
National Intelligence James R. Clapper Jr., has asserted that it is
unable to make any estimate, even in classified form, of the number of
Americans swept in. It is not obvious why the NSA could not offer at
least a partial count, given that its analysts routinely pick out “U.S.
persons” and mask their identities, in most cases, before distributing
intelligence reports.
If Snowden’s sample is representative, the
population under scrutiny in the PRISM and Upstream programs is far
larger than the government has suggested. In a June 26 “transparency
report,” the Office of the Director of National Intelligence disclosed
that 89,138 people were targets
of last year’s collection under FISA Section 702. At the 9-to-1 ratio
of incidental collection in Snowden’s sample, the office’s figure would
correspond to nearly 900,000 accounts, targeted or not, under
surveillance.
‘He didn’t get this data’
U.S.
intelligence officials declined to confirm or deny in general terms the
authenticity of the intercepted content provided by Snowden, but they
made off-the-record requests to withhold specific details that they said
would alert the targets of ongoing surveillance. Some officials, who
declined to be quoted by name, described Snowden’s handling of the
sensitive files as reckless.
In an interview, Snowden said
“primary documents” offered the only path to a concrete debate about the
costs and benefits of Section 702 surveillance. He did not favor public
release of the full archive, he said, but he did not think a reporter
could understand the programs “without being able to review some of that
surveillance, both the justified and unjustified.”
“While
people may disagree about where to draw the line on publication, I know
that you and The Post have enough sense of civic duty to consult with
the government to ensure that the reporting on and handling of this
material causes no harm,” he said.
In Snowden’s view, the PRISM and Upstream programs have “crossed the line of proportionality.”
“Even
if one could conceivably justify the initial, inadvertent interception
of baby pictures and love letters of innocent bystanders,” he added,
“their continued storage in government databases is both troubling and
dangerous. Who knows how that information will be used in the future?”
For
close to a year, NSA and other government officials have appeared to
deny, in congressional testimony and public statements, that Snowden had
any access to the material.
As recently as May, shortly after he retired as NSA director, Gen.
Keith Alexander denied that Snowden could have passed FISA content to
journalists.
“He didn’t get this data,” Alexander told a New Yorker reporter. “They didn’t touch —”
“The operational data?” the reporter asked.
“They didn’t touch the FISA data,” Alexander replied. He added, “That database, he didn’t have access to.”
Robert
S. Litt, the general counsel for the Office of the Director of National
Intelligence, said in a prepared statement that Alexander and other
officials were speaking only about “raw” intelligence, the term for
intercepted content that has not yet been evaluated, stamped with
classification markings or minimized to mask U.S. identities.
“We
have talked about the very strict controls on raw traffic, the training
that people have to have, the technological lockdowns on access,” Litt
said. “Nothing that you have given us indicates that Snowden was able to
circumvent that in any way.”
In the interview, Snowden said he
did not need to circumvent those controls, because his final position as
a contractor for Booz Allen at the NSA’s Hawaii operations center gave
him “unusually broad, unescorted access to raw SIGINT [signals
intelligence] under a special ‘Dual Authorities’ role,” a reference to
Section 702 for domestic collection and Executive Order 12333 for
collection overseas. Those credentials, he said, allowed him to search
stored content — and “task” new collection — without prior approval of
his search terms.
“If I had wanted to pull a copy of a judge’s or a senator’s e-mail,
all I had to do was enter that selector into XKEYSCORE,” one of the
NSA’s main query systems, he said.
The NSA has released an e-mail
exchange acknowledging that Snowden took the required training classes
for access to those systems.
‘Minimized U.S. president’
At
one level, the NSA shows scrupulous care in protecting the privacy of
U.S. nationals and, by policy, those of its four closest intelligence
allies — Britain, Australia, Canada and New Zealand.
More than
1,000 distinct “minimization” terms appear in the files, attempting to
mask the identities of “possible,” “potential” and “probable” U.S.
persons, along with the names of U.S. beverage companies, universities,
fast-food chains and Web-mail hosts.
Some of them border on the
absurd, using titles that could apply to only one man. A “minimized U.S.
president-elect” begins to appear in the files in early 2009, and
references to the current “minimized U.S. president” appear 1,227 times
in the following four years.
Even so, unmasked identities remain
in the NSA’s files, and the agency’s policy is to hold on to
“incidentally” collected U.S. content, even if it does not appear to
contain foreign intelligence.
In one exchange captured in the
files, a young American asks a Pakistani friend in late 2009 what he
thinks of the war in Afghanistan. The Pakistani replies that it is a
religious struggle against 44 enemy states.
Startled, the American says “they, ah, they arent heavily participating . . . its like . . . in a football game, the other team is the enemy, not the other teams waterboy and cheerleaders.”
“No,” the Pakistani shoots back. “The ther teams water boy is also an enemy. it is law of our religion.”
“haha, sorry thats kind of funny,” the American replies.
When
NSA and allied analysts really want to target an account, their concern
for U.S. privacy diminishes. The rationales they use to judge
foreignness sometimes stretch legal rules or well-known technical facts
to the breaking point.
In their classified internal
communications, colleagues and supervisors often remind the analysts
that PRISM and Upstream collection have a “lower threshold for
foreignness ‘standard of proof’ ” than a traditional surveillance
warrant from a FISA judge, requiring only a “reasonable belief” and not
probable cause.
One analyst rests her claim that a target is
foreign on the fact that his e-mails are written in a foreign language, a
quality shared by tens of millions of Americans. Others are allowed to
presume that anyone on the chat “buddy list” of a known foreign national
is also foreign.
In many other cases, analysts seek and obtain
approval to treat an account as “foreign” if someone connects to it from
a computer address that seems to be overseas. “The best foreignness
explanations have the selector being accessed via a foreign IP address,”
an NSA supervisor instructs an allied analyst in Australia.
Apart
from the fact that tens of millions of Americans live and travel
overseas, additional millions use simple tools called proxies to
redirect their data traffic around the world, for business or pleasure.
World Cup fans this month have been using a browser extension called
Hola to watch live-streamed games that are unavailable from their own
countries. The same trick is routinely used by Americans who want to
watch BBC video. The NSA also relies routinely on locations embedded in
Yahoo tracking cookies, which are widely regarded by online advertisers
as unreliable.
In an ordinary FISA surveillance application, the judge grants a
warrant and requires a fresh review of probable cause — and the content
of collected surveillance — every 90 days. When renewal fails, NSA and
allied analysts sometimes switch to the more lenient standards of PRISM
and Upstream.
“These selectors were previously under FISA
warrant but the warrants have expired,” one analyst writes, requesting
that surveillance resume under the looser standards of Section 702. The
request was granted.
‘I don’t like people knowing’
She
was 29 and shattered by divorce, converting to Islam in search of
comfort and love. He was three years younger, rugged and restless. His
parents had fled Kabul and raised him in Australia, but he dreamed of
returning to Afghanistan.
One day when she was sick in bed, he
brought her tea. Their faith forbade what happened next, and later she
recalled it with shame.
“what we did was evil and cursed and may allah swt MOST merciful forgive us for giving in to our nafs [desires]”
Still, a romance grew. They fought. They spoke of marriage. They fought again.
All of this was in the files because, around the same time, he went looking for the Taliban.
He
found an e-mail address on its English-language Web site and wrote
repeatedly, professing loyalty to the one true faith, offering to “come
help my brothers” and join the fight against the unbelievers.
On
May 30, 2012, without a word to her, he boarded a plane to begin a
journey to Kandahar. He left word that he would not see her again.
If
that had been the end of it, there would not be more than 800 pages of
anguished correspondence between them in the archives of the NSA and its
counterpart, the Australian Signals Directorate.
He had made himself a target. She was the collateral damage, placed under a microscope as she tried to adjust to the loss.
Three weeks after he landed in Kandahar, she found him on Facebook.
“Im
putting all my pride aside just to say that i will miss you dearly and
your the only person that i really allowed myself to get close to after
losing my ex husband, my dad and my brother.. Im glad it was so easy for
you to move on and put what we had aside and for me well Im just soo
happy i met you. You will always remain in my heart. I know you left for
a purpose it hurts like hell sometimes not because Im needy but because
i wish i could have been with you.”
His replies were cool, then
insulting, and gradually became demanding. He would marry her but there
were conditions. She must submit to his will, move in with his parents
and wait for him in Australia. She must hand him control of her Facebook
account — he did not approve of the photos posted there.
She refused. He insisted: “look
in islam husband doesnt touch girl financial earnigs unless she agrees
but as far as privacy goes there is no room….i need to have all ur
details everything u do its what im supposed to know that will guide u
whether its right or wrong got it”
Later, she came to understand the irony of her reply: “I don’t like people knowing my private life.”
Months
of negotiations followed, with each of them declaring an end to the
romance a dozen times or more. He claimed he had found someone else and
planned to marry that day, then admitted it was a lie. She responded:
“No more games. You come home. You won’t last with an afghan girl.”
She
begged him to give up his dangerous path. Finally, in September, she
broke off contact for good, informing him that she was engaged to
another man.
“When you come back they will send you to jail,” she warned.
They almost did.
In
interviews with The Post, conducted by telephone and Facebook, she said
he flew home to Australia last summer, after failing to find members of
the Taliban who would take him seriously. Australian National Police
met him at the airport and questioned him in custody. They questioned
her, too, politely, in her home. They showed her transcripts of their
failed romance. When a Post reporter called, she already knew what the
two governments had collected about her.
Eventually, she said,
Australian authorities decided not to charge her failed suitor with a
crime. Police spokeswoman Emilie Lovatt declined to comment on the case.
Looking
back, the young woman said she understands why her intimate
correspondence was recorded and parsed by men and women she did not
know.
“Do I feel violated?” she asked. “Yes. I’m not against the
fact that my privacy was violated in this instance, because he was
stupid. He wasn’t thinking straight. I don’t agree with what he was
doing.”
What she does not understand, she said, is why after all
this time, with the case long closed and her own job with the Australian
government secure, the NSA does not discard what it no longer needs.
Jennifer Jenkins and Carol D. Leonnig contributed to this report.
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