NSA Whistleblowers Reveal Extent of Eavesdropping
ma11achy was one of several readers to write about claims made by two former military intercept operators who worked for the NSA that "Despite pledges by President George W. Bush and American intelligence officials to the contrary, hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home." Ars Technica has a brief report as well, and reader net_shaman adds a link to Glenn Greenwald's opinion piece on the eavesdropping at Salon.
...and reporting that I can't help but wonder has some political motivations, given the timing of its release.
That's not the Terrorist Surveillance Program (TSP), and not related to foreign intelligence collection programs in that were in place in the United States. That's the NSA working in a foreign military operations theater, and is vastly different. These intercepts were happening in realtime and were focused on an area of military operations.
When working in the dynamic environment of an operations theater, it's difficult to make distinctions about what traffic should be monitored and when. That is not to say that US Persons should continue to be collected on after their status is known, even under these circumstances.
Additionally, we have to keep the actions of the individual vs the actions of the agency in mind. What individual intercept operators at times did with their capabilities does not necessarily represent organizational support for such actions. Individual intercept operators have misbehaved in this way forever. Does that make it right? Does that mean the organization "condones" it? Of course not. Did UCLA Medical Center support individuals looking up the medical records of Britney Spears and other celebrities, just because they were technically able to do so, and worked under the guise of UCLA Medical Center? Of course not. But these employees also need continuing access to such resources to do their jobs.
Further, "'all employees of the US government' should expect that their telephone conversations could be monitored as part of an effort to safeguard security and 'information assurance.'" The Joint COMSEC Monitoring Activity, traditionally responsible for monitoring activity on government communication lines, is hampered by the increasing use of wireless-, (unofficial) internet-, and satellite-based communications devices for official business. The distinction about where and how such communication might occur can't easily be made, and thus often falls to NSA -- which should then make the appropriate determination as to the disposition of the communication and act accordingly. That can include conversations of an embarrassing or personal nature. These are all humans here, not robots. Yes, they are trained professionals. But they're still human, with all the foibles and flaws we all share.
A spokesman for General Hayden said, "At NSA, the law was followed assiduously. The notion that General Hayden sanctioned or tolerated illegalities of any sort is ridiculous on its face." Those of you who laugh at this comment and think you know everything about the illegality of NSA surveillance would be well served to educate yourselves a bit.
It's unfortunate that ABC misunderstands -- misrepresents? -- NSA operations with respect to a military theater during wartime as having anything to do with the so-called (and now defunct) "Terrorist Surveillance Program".
In fact, two separate "whistleblowers" came forward, separately. The allegations from both, independently, only dealt with endpoints in the Middle East. Once definitively identified as as US Person who is not military personnel, an employee or contractor of the US government, or covered by an active, individualized warrant, and the other end of the communication is also a US Person who doesn't meet any of these requirements, collection should cease.
But the failure to adhere to such longstanding law and policy does not mean that the organization at large condoned such behavior. And, lest we forget, "the intercepts helped identify possible terror planning in Iraq and saved American lives. 'IED's were disarmed before they exploded, that people who were intending to harm US forces were captured ahead of time,' Faulk said."
This is, again, how a few individuals
I'd comment, but the NSA is listening...
A signature always reveals a man's character - and sometimes even his name. -- Evan Esar
Who could have possibly seen this coming? I mean the government rampantly abusing powers it took in a time of national tragedy? I for one am totally shocked. Shocked i say.
Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
I've only read the first page of the article but it mentions that the people being eavesdropped were talking on satelite phones from the Middle East. I was under the impression that as soon as you broadcaste something you could no longer claim it was private. Isn't this why it's legal to sell police and cell phone scanners? Is this different for satelite phones or am I completely off base here?
...areyoureallysurprised or ...nosurprise or ...shocker (which is often used sarcasticly where I'm from) or something like that.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
FTFA:
NSA awarded Adrienne Kinne a NSA Joint Service Achievement Medal in 2003 at the same time she says she was listening to hundreds of private conversations between Americans, including many from the International Red Cross and Doctors without Borders.
"We knew they were working for these aid organizations," Kinne told ABC News. "They were identified in our systems as 'belongs to the International Red Cross' and all these other organizations. And yet, instead of blocking these phone numbers we continued to collect on them," she told ABC News.
That wouldn't have helped. The NSA continued to listen in even after they realized it was the case. Common sense would dictate that while it might be impossible to never listen in on a US person's phone calls, you would not continually do it. Yet the NSA did.
I'm shocked. I'll never look at the Bush administration the same way again.
I think it's more a reference to Greek tragedies.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
("they" being Bushies)
"There's no way they're spying on us, using 'terrorism' as an excuse!"
Then we found out that Cheney, Rice, Wolfowitz, Bush, McCain, Rove, and a whole host of Bush administration people lied about WMDs in Iraq, and the al Qaeda connection.
Lying, it seems, is a job requirement in the Bush administration.
Of course, most public offices require deception in some form, but do they really and regularly lie in such a blatant way?
"We are Microsoft. You shall be assimilated. Competition is futile."
That's why everytime we were talking on the damn AT&T phones and some dumbass gave a hint as to where he was or what he was doing, a huge fuckin red light went off and all the phones died.
They flat out told us we were being listened to. Just like they tell us everyday with little stickers on our phones on every military installation in the world that say that we're being watched, listened to, recorded, etc etc.
I'm not saying that it's not bullshit. Just saying this article's spun worse than a gyroscope.
Well i mean since we know about this there is probably more under the cover. Not to mention, think of all the NSA spying over our own communications that we do not know about and probably no one will whistleblow.
Upon reflection, McCain was probably a "me too!" man back then, when everyone still trusted Bush with a visceral paranoia.
"We are Microsoft. You shall be assimilated. Competition is futile."
Common sense would dictate that while it might be impossible to never listen in on a US person's phone calls, you would not continually do it.
So what you're saying is that it's impossible for US Persons to break COMSEC protocols during pillow talk?
One word: Honeytrap.
http://en.wikipedia.org/wiki/Honeypot_(espionage)#Sex.2C_honeypots_and_recruitment
Yet the NSA did.
Good for them.
"I don't know, therefore Aliens" Wafflebox1
"If you have nothing to hide..."
... you are either lacking genitalia or a brain
They used to be, but now scanners sold in the US have the analog cellular freqs blocked, even though there is no more analog cell coverage anyway.
It's really lame, actually.
http://lkml.org/lkml/2005/8/20/95
Nothing, even if the revised FISA law gets repealed, this is now protected under ex post facto restrictions in the constitution. GG two party system for throwing our liberties away.
---- Liquid was a patriot ----
This makes me angry. Not just 'vote for a third party' angry, not even just 'rant on a blog' angry, but shoot a congressman angry. I honestly want to shoot the chairman of the Senate Intelligence Committee, Jay Rockefeller (D-WV). I believe that his negligence in the matter of oversight is not merely appalling, but actively treasonous. Line him up in front of a firing squad treasonous. What's more, he's not alone. Even Senator Barack 'Change' Obama voted against the rule of law and for the FISA bill that extended immunity to the big companies that participated in, and allowed this.
I think it's high time we did something. But by something, I don't mean voting for somebody else, that doesn't amount to much. I mean bringing officials, elected and appointed, up in front of tribunals, and making them explain why they have consistently voted to turn this country into a surveillance state to a degree comparable to Communist Russia, or the very same current China that these very same elected officials reprimanded Google and Yahoo for complying with. This is ridiculous. We don't have elected representation any more, we have elected oppression, and it's time we fought back. Really fought back, not just with votes but with riots, and criminal charges. We still, in theory, hang traitors in this country, so why the hell can't we hang the worst enemies our constitution has ever had? Our President, George W. Bush, has been making war on this country, on our constitution, and on our way of life for eight years. His appointed lackeys have been even worse. It's time it stopped.
As many have brought up, it is nearly impossible to say exactly what is going on minutely in a huge operation. So what should Bush have said? "We have no way of knowing whether or not we are spying on individuals."
Isn't this sort of statement more or less a statement of non-condoning of an activity? The same as if Bill Gates or Steve Jobs said "We will not pirate software" but then some of their employees DO pirate software, and they don't know about it. So when we find out, are Gates or Jobs the ones in trouble for saying it? Because obviously, they should know about every single thing their employees are doing.
Oh, wait, sorry, I shouldn't compare governments to people's organizations, because governments can be made perfect, as long as we give them more control...
I'm conservative, Bush wasn't very conservative, and I disagree with a lot of what he has done, but it is interesting that it seems the upcoming election features an "agent of change" that is really no different or even worse with the whole deception thing than people easily think about the ENTIRE Bush administration... and yet Obama and possibly McCain both support larger and more controlling government than Bush did or at least said he did, so I don't understand. Many are so upset at Bush that they are doing a pendulum vote for someone that wants government to be involved in pretty much everything, including your commute to work and what car (or at least, what that car's technology can be) you drive. But of course, he won't spy on anyone. He won't HAVE to. [[[ -5 Troll for "Conservative Viewpoints" :) hehe ]]]
But those policies do not apply to Doctors without borders. Surveying them is unforgivable interference with humanitarian aid.
Surveying them is unforgivable interference with humanitarian aid.
I call bullshit, unless you provide a damn good reason why clandestine electronic eavesdropping on DWB prevents them from doing their work.
"I don't know, therefore Aliens" Wafflebox1
Hi Dave,
Thanks for the insight.
"And surprise, surprise: individuals with the power to listen to things sometimes listen to things they're not supposed to, ... there really isn't any easy way to prevent it. ... But I guess sometimes immaturity and a cheap laugh at someone else's expense trumps common sense and the doing the right thing."
My response and my honest question would be, what the hell ever happened to discipline and accountability? When I got an order, it was the Voice of God and woe be unto the man who dreamed of disobeying his CO.
There isn't an easy way to prevent people screwing around? Is that a joke? All I ever got was a growl that said "Don't screw around!" and we didn't dare, not if we valued our sorry asses.
You're literally arguing that there's no such thing as a chain of command any more, that the commanders have lost control of their men. In my day, admitting you couldn't keep your men under control was a wonderful way to lose your rank.
The organization must be free to act and not provide special aid to any one side in a conflict. Any interruption of that by any party by any means endangers their ability to aid populations controlled by the opposition.
You should also be doing that if you're a Quaker, a member of any anti-war group, a civil rights worker, a Democratic candidate for public office, a journalist, a member of the Red Cross, Doctors without Borders, or the ACLU, and, of course, the Electronic Freedom Foundation.
You have to understand that you're just a threat to the American Way of Life (TM) and be willing to give up your privacy (unless of course you have Something to Hide(TM)).
You are welcome on my lawn.
Are you serious? That's the new threshold for civil liberties? "Whether you can provide a damn good reason why eavesdropping prevents you from doing your work"??
Has the whole country gone fucking nuts?
You are welcome on my lawn.
Honestly guy's... is anyone really that surprised?
What WILL these people do once Obama is elected. I predict that all the reports of eavesdropping, etc will magically stop.
He didn't say it was right; he said it didn't interfere. And it doesn't.
(It's still fucked, tho.)
take a look at the encryption on GSM...
then take a look at the way the U.S. Navy fly over iraq etc...
privacy ? if they want to follow you they will
the best joke I heard was that emails from RIM devices where secure, people who claim that never have had any security clearance NSA keeps all the log's get over it
regards
John Jones
http://www.johnjones.me.uk
(I was marked before)
I call bullshit, unless you provide a damn good reason why clandestine electronic eavesdropping on DWB prevents them from doing their work.
I'll give you three
1. Anyone paying attention knows that the US is not always the good guy overseas these days. Say for example they are trying to save some innocent civilians which the US is trying to kill, the NSA tapping their phone lines would compromise that.
2. What they do is stressful work, if they can't relax with some phone sex because they know they're being listened in on, they might be too stressed to do their good work.
3. Provide me with a damn good reason why the NSA needs to be eavesdropping on DWB or else fuck off, Nutria. ... I guess that last one wasn't really what you were asking for, in a literal sense anyway.
Ummm, no. It IS a violation. But that violation of separation is in no way "interference". Is this somehow hard for you to understand?
Perhaps this will help you.
i'm shocked! shocked to find that illegal eavesdropping has been going on in here!
> here are your intercepts sir!
oh, thank you very much!
As someone from the US who has been living outside of the US since July 2001, this is why I semi-jokingly say hello to the NSA whenever I'm on the phone with my family or friends stateside.
Yeah, there is no reason for them to be listening to my calls (though I have made and received calls from/in Morocco, a *dum Dum DUUUM* Muslim country), but, well, if they are listening, I wouldn't want to come across as impolite. :-/
"Empathise with stupidity, and you're halfway to thinking like an idiot." - Iain M. Banks
Yeah, I never really got the "It's just a few bad apples" argument either, since the saying from Poor Richard's Almanac goes "One bad apple spoils the bunch."
It's just a God damn piece of paper, isn't it?
At least according to the Worst President Ever .
Back in the 1930s...
Say for example they are trying to save some innocent civilians which the US is trying to kill, the NSA tapping their phone lines would compromise that.
The US tries not to kill innocent civilians. Sure it happens, but not for lack of trying.
Otherwise, we'd still be doing WW2-style massed car[et bombing, and not have spent so much money on guided missile/smart weapon systems.
if they can't relax with some phone sex because they know they're being listened in on, they might be too stressed to do their good work.
As if we're the only countries that have ELINT capabilities...
Anyway: if you want privacy, use encryption.
Provide me with a damn good reason why the NSA needs to be eavesdropping on DWB or else fuck off
Doctors can't be spies, agents, traitors, dupes, victims of blackmail, misguided do-gooders?
Sure they can.
"I don't know, therefore Aliens" Wafflebox1
Only hundreds? Considering the level of power we've given our intelligence community since 9/11 I think that shows inhuman restraint...
They also indicated in the testimony that their higher-ups insisted on their continuing the recording and following of these groups even when they had protested.
Again: not 'a few bad apples', but something endemic to the system.
As mentioned in TFA, while we have a backlog of untranscribed communications from more relevant conversations, these employees were ordered to listen to and transcribe inane conversations of American citizens calling their families back home. Meanwhile, legit intelligence sits decaying on the shelves.
Sheesh, in addition to firing employees because of their religious beliefs or being gay, they've now got them taking notes on American Red Cross and Doctors Without Borders employees and volunteers who are calling home to check on their kids. I feel all warm and safe, now.<sarcasm/>
Hasn't anybody read the book "The Puzzle Palace"? This stuff has been going on for a very long time.
I can remember throwing random mentions of the phrases "nuclear bomb" or "atomic bomb" to add chaff to the system in the late 80's and early 90's when I was in Europe.
Anyone who doesn't know that all international phone calls are being monitored by any one of several governments automated systems hasn't been paying attention for the last 25+ years.
The meat of the story, however is that (a) they're continuing to be monitored and recorded even after being found to be personal conversations between US citizens who aren't military, and (b) this isn't misbehaving field personnel but "my orders were to transcribe everything".
I was under the impression that (a) was where the whole illegal thing started rolling and (b) was where people should be noticing they're in a handbasket and asking where they're going.
So?
"Doing what i can, with what i have." ~ Burt Gummer
WTF?
Son, you've got to read that over a few times for yourself.
You're terribly mistaken.
You are welcome on my lawn.
Are you saying that you don't know what a misguided do-gooder is?
"I don't know, therefore Aliens" Wafflebox1
In Canada to get a wiretap the following is required (to my knowledge):
1) Reasonable suspicion that a crime is or has been committed.
2) A warrant signed by a Judge (oversight).
Canada still has a democracy.
In a police state "preventing crime" takes precedent over peoples rights to privacy, freedom of movement and association. The idea is "crime is prevented through surveillance and control."
This is a clear cut case of where everyone argues "oh its ok" we violated everyones rights, after all we stopped "TERRORISTS" for hurting people.
Every Americans rights are threatened when it is "ok" to monitor just one conversation.
Translation: "the ends justify the means."
This is the talk of people that have given up their rights in exchange for a a false sense of security and control (because they are afraid and feel out of control).
The truth is that freedom and control are at opposite ends of the spectrum. You cannot have true freedom in a controlled environment (you have the illusion of freedom).
We control the environments of our children to protect them from harm, but we leave them as much an illusion of freedom as we can, but even they find the boundaries. At some point after teaching them as much as we can we let them go into the world and TRUST them to start to manage the dangers and risks themselves as ADULTS.
So ask yourself America: Are you a nation of children that needs protection by a false parent "the state", or are you Adults and can be trusted to handle democracy, freedom and the risks that come with that?
Many more people die in car accidents then of terrorist acts. If you're ok with monitoring private calls, really our taxes should be spent on speed limiters, black boxes and remote ignition kill switches for vehicles, so that the state can protect us from ourselves when we go too fast and cause accidents. (oh and don't get me started on firearms...) Of course that would mean loosing your illusion of freedom in a trade off for a real gain in safety and security.
Wiretapping without Judicial oversight is a true loss of freedom with a limited gain in safety. It does not affect your illusion of freedom until you test the boundaries (disagree with the parent state).
If we give up our rights and begin to act like children, then democracy has failed and the Terrorists have succeed in damaging our society far more than we acknowledge. After all the objective of Terrorists is to cause "terror and fear" in the hope that it will change things to support their agenda.
The issue is not whether wiretapping is useful or not. It is. However being able to wiretap is a great power. With that power comes responsibility and the possibility for misuse and abuse. This is why oversight is needed (much like we can vote for a new government every 4-5 years).
The true issue is the lack of oversight (transparent processes that hold people accountable). As and Adult I am willing trust other Adults working to protect me as long as sufficient oversight exists to make sure abuses of power are prevented (or at least exposed and corrected). With oversight the control of wiretapping remains in my hands (admittedly indirectly through law) without it I become a child with the illusion of freedom being watched over by someone else.
----- "Profanity is the one language that all programmers understand."
US Government overstepping its authority and trampling on rights? Gasp!
Slashdot: News for people who haven't been paying attention. Stuff that surprises no one.
Whoever moderated by post Offtopic can blow me. (Go ahead and moderate this post into oblivion. Oh no... not my karma.) The initial post was perfectly on topic. It dealt with the NSA eavesdropping on US troops overseas and possible reasons for doing so.
"Despite pledges by President George W. Bush and American intelligence officials to the contrary, hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home."
<spin>We love our soldiers and listen to everything they have to say.</spin>
Mod parent insightful.
Apparently Insightful mods on Funny posts attract Flamebait smackdown mods.
Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
The only possible thing that's illegal is that two retards talking about.
http://www.law.com/jsp/article.jsp?id=900005545655
(f) Nothing contained in this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.
http://www4.law.cornell.edu/uscode/18/2511.html
In GOD we trust, all others we monitor.
The organization operates only if all parties involved allow it to operate.
...and tapping phones in no way disallows the ability to operate, particularly when that tapping is done in secret. I understand entirely.
Exhibit #1 against your notioin is that the organization IS STILL OPERATING -- it's just business as usual. Apparently, even DWB doesn't consider this 'interference.' Jeez!
Back when I was in the Army with a clearance, I got to visit the shack in Yakima where all overseas phone calls got screened in.
We always got the whole feed, and then selected, and it's always been way more open than the legislators ever admitted in public.
Silly rabbit, privacy's for people not in the USA. Welcome to Soviet Amerika!
-- Tigger warning: This post may contain tiggers! --
No, he's saying that you're a prick.
Gotta love those Leftists and their ad-hominem attacks...
"I don't know, therefore Aliens" Wafflebox1
You're completely wrong.
A warrant is not required, and never has been required, for foreign intelligence collection. The same is true for Canada's Communications Security Establishment. Sorry.
What's different is that when traffic from protected parties are intercepted (in the US, that would be a US Person), special action must be taken depending on the circumstances. But a warrant is NOT required for foreign SIGINT, even if some of the parties to the communication may sometimes be US (or Canadian) citizens.
This is the way it's been since the dawn of modern foreign SIGINT six decades ago in both the US and Canada.
The US tries not to kill innocent civilians
Recently, you mean. Contrast with every other war/conflict we've been in.
if you want privacy, use encryption.
What's the difference? If they use encryption, they have something to hide, and we should break the encryption and continue to wiretap, right? right?
You seem to be operating under a weird set of ideas here. Here's the way that it should be: the NSA is not the police. They are not a police organization and police activities should not be part of their purview. Their activities need to be confined solely to foreign issues that impact national security. For domestic crimes, we have police organizations: note that neither the FBI nor CIA fall under that category. Now, pay attention because this is important. If the privacy and free speech of a citizen of the United States is to be infringed upon, there has to be a warrant involved.
The general process would be something like this: I am a police officer, I have evidence or reasonable suspicion that you have committed a crime. I take my evidence to a judge and get a warranty "particularly describing the place to be searched, and the persons or things to be seized." I then go and tap your phone, and get to listen to your calls as described in the warrant. In the NSA, this might be a FISA court issuing the warrant; I could even obtain authorization for this activity afterwards. The NSA is, again, not a police organization, but it's always possible that what you're doing affects NS somehow.
If there is no warrant, tapping phones of US citizens is unconstitutional. Where you are is irrelevant, you are protected by the Constitution of the United States. This is even true if you are committing treason (a terrible crime, for which you might be justly punished). You don't forfeit your rights by doing anything except renouncing your citizenship. Certainly not by making a fucking phone call.
Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
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Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?