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?
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.
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.
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
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
The Bush administration never lied about WMD or an al Qaeda connection in Iraq (please read my whole post and the two articles I link to before dismissing my comment. As a note: I don't think we ever should have invaded Iraq but we did and there's no changing that). I think it's pretty convenient for so many people to forget that all major intelligence agencies around the world (and all major, interested nations) said repeatedly that there were WMD in Iraq. No one seriously doubted this - not even the UN weapons inspectors. Here are a couple articles about the whole topic (one is from the Wall Street Journal, the other the LA Times):
http://www.opinionjournal.com/extra/?id=110007540
http://www.latimes.com/news/opinion/la-oe-kirchick16-2008jun16,0,4808346.story
As far as al qaeda connection goes, the WSJ article also mentions that:
"What of the related charge that it was still another 'lie' to suggest, as Mr. Bush and his people did, that a connection could be traced between Saddam Hussein and the al Qaeda terrorists who had attacked us on 9/11? This charge was also rejected by the Senate Intelligence Committee. Contrary to how its findings were summarized in the mainstream media, the committee's report explicitly concluded that al Qaeda did in fact have a cooperative, if informal, relationship with Iraqi agents working under Saddam. The report of the bipartisan 9/11 commission came to the same conclusion, as did a comparably independent British investigation conducted by Lord Butler, which pointed to 'meetings . . . between senior Iraqi representatives and senior al-Qaeda operatives.'"
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.
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.
Let's look at it this way. Think of this like scientific research. 15 years ago everyone believed that you were born with all the brain cells you'd ever have. Now we know that that is not true. Those earlier researchers were not lying, they were going on the best knowledge they had at the time. It just tuned out to not be true.
It's not a lie if all the best intelligence from around the world said it was true. A lie means intentional deception. If Pres. Bush was lying then so were the leaders of Britain, France, the U.N., and many other countries. That also means that almost all of Congress were lying as well. It even means Pres. Clinton was lying back in the 90s. The question never was whether or not Hussein had WMDs, it was what should we do about it. That's where other countries (and some within the U.S.) and entities differed with Pres. Bush.
Besides, just because WMDs were never found does not mean Iraq did not have any (I'm not saying they did, I'm just saying that having a lack of evidence does not mean you can categorically say there were no WMDs).
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.
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."
I'd have to disagree with that.
There are cases of "a few bad apples" that don't spoil the whole bunch.
But, with those, you don't end up with situations that become front page scandals.
A few government/military individuals rarely have the authority or ability to create that kind of mess
Bare minimum, you are looking at lax oversight
In the middle is permissive environment
And the worst case scenario is illegal orders
[Fuck Beta]
o0t!
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.
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.