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US Internet Company Refused To Participate In NSA Surveillance, Documents Reveal (zdnet.com)

Zack Whittaker reports via ZDNet: A U.S. company refused to comply with a top-secret order that compelled it to facilitate government surveillance, according to newly declassified documents. According to the document, the unnamed company's refusal to participate in the surveillance program was tied to an apparent expansion of the foreign surveillance law, details of which were redacted by the government prior to its release, as it likely remains classified. It's thought to be only the second instance of an American company refusing to comply with a government surveillance order. The first was Yahoo in 2008. It was threatened with hefty daily fines if it didn't hand over customer data to the National Security Agency. The law is widely known in national security circles as forming the legal basis authorizing the so-called PRISM surveillance program, which reportedly taps data from nine tech titans including Apple, Facebook, Google, Microsoft, and others. It also permits "upstream" collection from the internet fiber backbones of the internet. Any guesses as to which company it may be? The company was not named in the 2014-dated document, but it's thought to be an internet provider or a tech company.

59 of 95 comments (clear)

  1. I know the company by 110010001000 · · Score: 4, Funny

    MySpace. And you know what happened to them!

    1. Re: I know the company by Anonymous Coward · · Score: 1

      When Quest refused to cooperate in a similar situation, the government basically put them out of business and "discovered " that the CEO was an inside trader and sent him to a pound me in the ass federal prison.

    2. Re: I know the company by Qzukk · · Score: 1

      There was no "Discovered" about it, they claimed that he sold his shares because he must have known that the government would retaliate against his refusal to perform illegal wiretaps (yes, if you pass a law making it legal after the fact, then you are admitting that they were illegal at the time) by canceling their contracts.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  2. refused to participate by fustakrakich · · Score: 3, Interesting

    That would be a neat trick... Can we 'refuse' too?

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:refused to participate by scdeimos · · Score: 2
      I know people around here have reading problems, so from TFA...

      But despite the company's efforts to argue that the surveillance order was unlawful, the company was later forced to comply by the [Foreign Intelligence Surveillance] court.

    2. Re:refused to participate by fustakrakich · · Score: 2

      A mere formality. They 'complied' without even knowing what was happening.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:refused to participate by Anonymous Coward · · Score: 1

      That would be a neat trick... Can we 'refuse' too?

      Of course. But do keep in mind that doing so will end up very much worse for an individual than a corporation.

      The people in a corporation who would make the choice to say "That doesn't sound legal, fuck off" are different than the people in the legal department that will be going to court to argue that position.

      As an individual, if you said "That doesn't sound legal, fuck off" then it will be you taken to court and have to deal with the legal mess.

      Additionally, when a corporation loses that court battle, the end result is typically being forced to comply and possibly fines.
      You as an individual will be fined and likely thrown into jail or prison without the opportunity to comply, and the government simply ending up forcing their will to get what they want.

      So a company pays a few hours or days of profits and then hands over the records originally asked for.
      You would be fined orders of magnitude more money than you have, thrown in jail/prison, and the government will simply take your property from you permanently, including whatever records they were wanting.

      My personal advice to you would be to make damn sure such a thing would be worth the outcome.
      I'm not saying it can't be right to do so, or that the outcome has any resemblance to being fair or just, but IMHO it just doesn't seem like there can be any possible positive to come out of such a refusal.

    4. Re: refused to participate by Anonymous Coward · · Score: 1

      Yes, you can refuse. Simply state you're an Article 4 free inhabitant, then shout 'I do not consent!' repeatedly while being arrested.

  3. limited possibilities by muphin · · Score: 4, Interesting

    There are only a few large companies out there that could refuse and make it more difficult for the government.
    Giving the history with Apple refusing the decrypt data I would go with them, NSA probably wanted to tap into the iMessaging service.

    --
    It's not a typo if you understood the meaning!
    1. Re:limited possibilities by Anonymous Coward · · Score: 1

      I figured it was somehow Uber since there has a been a massive smear campaign against them by known CIA assets like the NY Times, and the CEO was recently forced out. Could be Amazon, but since there hasn't been a public smear campaign against Bezos trying to force him out it probably isn't, though maybe he bought Washington Post as a defensive move against NY Times slander.

    2. Re:limited possibilities by davide+marney · · Score: 3, Interesting

      Sounds like maybe Cox Internet. They don't take kindly to their customers being abused. For example, they had refused to buckle under to Rightscorp, the copyright shakedown firm, and blocked their notices for years. As Cox explained in their suit (which they lost):

      "Rightscorp and Plaintiffs tried to abuse Cox’s system," Cox told the judge. "Rightscorp sells shady services to copyright holders. It shakes down ISP customers for money without regard to actual liability, and it tries to enlist ISPs in its scheme. Cox explained it would not accept Rightscorp’s wrongful notices and asked Rightscorp to fix its notices. Rightscorp refused, instead dumping thousands of notices per day on Cox. As a result, Cox blocked Rightscorp’s notices. This suit is Rightscorp’s retribution, with Plaintiffs’ complicity, for Cox’s refusal to participate in Rightscorp’s scheme."

      --
      "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    3. Re:limited possibilities by rtb61 · · Score: 4, Insightful

      A large company with good lawyers who were not interested in the corrupt money and contracts being provided, who knew full well that those utterly bullshit secret laws would fail in the high court no matter how corrupt those judges are because approving those corrupt laws would disrupt the US legal system and would have to be struck down.

      The surveillance had nothing to do with terrorism and everything to do with extreme political ideological corruption in the deep state (well all to shallow partnership in crime between corrupt corporations and corrupt elected officials and the corrupt political appointees they corruptly placed into the system). The sole purpose attack and silence political activism and any threat to the extremely profitable corruption, even though that corruption is destroying the US at every level, from overseas relations and trade to infrastructure collapse to collapsing education system to abusive law enforcers and prisons to a for profit military, all preying upon US society to it's ultimate collapse and they do not care as long as they are rich and can evacuate to another country with the money they fraudulently gain.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:limited possibilities by AHuxley · · Score: 1

      The final part on page 37 is been "Ordered to comply".
      Did the tech company keep on using the courts after that? Follow the order?
      Was it all ok and allowed to grow when it followed the order?
      The room like Room 641A https://en.wikipedia.org/wiki/... was added?

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:limited possibilities by AHuxley · · Score: 1

      If the brand followed the order and allowed its networks to be split/mirrored, accessed, decrypted?
      Would it have gotten a bounce in good PR and reputation as to sell its "collect it all" products and services around the USA?
      A collect it all blessing to grow as a brand?
      If it kept on saying no and tried the courts again?
      A rapid and negative turn in its reputation and brand?
      Who gained or lost a lot of traction around that time if the order was accepted or not?
      Totally unexpected growth or negative issues would be the tell if that was the date of acceptance or further court issues.

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:limited possibilities by l0n3s0m3phr34k · · Score: 4, Informative

      When I got a notice from Cox for my "business-level connection" they specifically wrote that as this was a business service I was allowed per my contract to share out my signal via unauthenticated wifi and they therefor assumed that was how the infringement happened. At that point, I tweaked utorrent to only share back up to 120% and then stop seeding, and never got another notification. So yes, they do really put their customer first in this.

    7. Re: limited possibilities by dreamchaser · · Score: 1

      They do provide decent service but not for the lowest price. I've made two trips from Pittsburgh to Dallas in the past two months. The first time I used Uber. Nice enough guy, good service, got me to my hotel. The second time I used a cab services. Nice enough guy, good service, got me to my hotel. Both cost around $50.

      Uber is a shit company because of multiple fuck ups and bad business practices. I know you seem to have a love affair with them but facts are facts. From sexual harassment issues to illegal use of software they have repeatedly shown a culture of sociopathy at heights few other companies reach. One can argue that they just got caught at it more often than other companies, in which case I would say that then they are a shit company for being so blatant and getting caught/called out over and over.

    8. Re: limited possibilities by Anonymous Coward · · Score: 1

      An Uber from Pittsburg to Dallas at 50 bucks is a great deal!

    9. Re: limited possibilities by kilfarsnar · · Score: 1

      They provide the best service for the lowest price.

      Perhaps, but they to that by operating at a loss. Uber is not sustainable in their current form.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    10. Re:limited possibilities by buss_error · · Score: 2

      as an example AT&T has been bent over for decades.

      Good reason for it. See the federal budget and notice how much money AT&T gets for bending over.

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    11. Re:limited possibilities by Gr8Apes · · Score: 1

      Giving the history with Apple refusing the decrypt data I would go with them, NSA probably wanted to tap into the iMessaging service.

      iMessage was compromised back in 2012/2013 when Apple was forced to change the PTP nature of Facetime protocol with a centralized service.

      --
      The cesspool just got a check and balance.
    12. Re: limited possibilities by Grishnakh · · Score: 1

      I've made two trips from Pittsburgh to Dallas in the past two months. ... Both cost around $50.

      Ok, I gotta ask, why would you take either Uber or a cab from Pittsburgh PA to Dallas TX instead of a plane, and how could such a long trip possibly only cost $50?

      (I did look up whether there's a Dallas in PA or a Pittsburgh in TX and the answer is no to each. There is a "Pittsburg" in TX about 2.25 hours away from Dallas though, but surely that's not what you meant.)

      Anyway....

      From sexual harassment issues to illegal use of software they have repeatedly shown a culture of sociopathy at heights few other companies reach.

      The problem here is that, as the AC you responded to clearly shows, as does Uber's continued great popularity, Americans in general are extremely sociopathic and are happy to support a company that gives them what they want, regardless of the social cost. Uber could be using actual slaves and average Americans would happily support them. You can also see this with Americans' steadfast support for blatantly sociopathic politicians, as well as other companies that clearly have horrible business practices.

    13. Re:limited possibilities by Curunir_wolf · · Score: 1

      Could be Amazon

      Highly doubtful. They have a $600 million contract with the CIA. Awarded just a few months before Bezos bought the Washington Post.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    14. Re:limited possibilities by Rakarra · · Score: 2

      Uber made its own bed. Saying this is just the CIA planting nonsense is like saying Bill and Hillary were taken down by the vast right-wing conspiracy or Donald Trump's current woes are because he wants to shake up the intelligence community, etcetc. People who do wrong are very good at deflecting the blame of their personal failings to someone else instead of admitting culpability, Uber doesn't need your help to do that.

    15. Re:limited possibilities by Grishnakh · · Score: 1

      Why would you not use a VPN for that?

    16. Re:limited possibilities by TroII · · Score: 1

      When your ISP is on your side instead of in bed with the MAFIAA, why pay extra for a VPN?

    17. Re:limited possibilities by Rakarra · · Score: 1

      Doesn't have to be a large company, just one with "just enough" resources who have made a business over customer protection.
      Sonic Internet, for instance. It was one of two Internet providers (on a small list) to get a perfect score on the EFF's Who Has Your Back? list from 2015, and in particular they were hailed for how they "oppose the compelled inclusion of deliberate security weaknesses" by government agencies.

    18. Re:limited possibilities by Grishnakh · · Score: 1

      Because your ISP isn't immune to a court order.

    19. Re: limited possibilities by JohnFen · · Score: 1

      They provide the best service for the lowest price

      Perhaps, perhaps not, but that question is 100% irrelevant to the fact that they are a shit company. That you personally don't care that they're a shit company is your business, of course, but they're a shit company nonetheless.

    20. Re:limited possibilities by Grishnakh · · Score: 1

      Because when the traffic is coming from Russia or someplace like that, a court order to that foreign country is going to be laughed at. Do you not understand how VPNs work?

  4. Lavabit by wherrera · · Score: 3, Informative

    Lavabit, assuming the calendar years fit the redacted docs.

    1. Re:Lavabit by sconeu · · Score: 1

      Lavabit voluntarily shut down rather than complying.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  5. I bet it was Qwest by Anonymous Coward · · Score: 5, Interesting

    Probably Qwest. That was covered extensively here back in the day. Their CEO was jailed for "insider trading" because the government didn't pay its contracts as leverage and it tanked the company.

    https://en.m.wikipedia.org/wiki/Qwest

    1. Re:I bet it was Qwest by Anonymous Coward · · Score: 1

      This was my thought as well. They suddenly lost all government contracts and couldn't bid on them any longer.

    2. Re:I bet it was Qwest by Anubis+IV · · Score: 3, Informative

      It isn't Qwest. These documents are from 2014. Qwest was bought out and rebranded in 2011. The NSA stuff they're known for was from the early 2000s.

    3. Re:I bet it was Qwest by mu51c10rd · · Score: 1

      I'm quite certain it was Qwest (fine, CenturyLink if you prefer). They had a history for not wanting to go along with the surveillance during the 2000s...I am sure CenturyLink followed suit.

    4. Re:I bet it was Qwest by G00F · · Score: 1

      After what happened to the CEO and such at Qwest, I don't expect CenturyLink to follow suit and end up in jail too.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  6. ...moving to India by next week... by Anonymous Coward · · Score: 1

    ...but I do have a house for sale if any of you warrant-bearing gentlemen are in the market.

    Seriously, this unnamed provider was both patriotic and loyal to the country. Kudos!

  7. Must've bin by Kernel+Krumpit · · Score: 1

    Blow Daddy?

    --
    May the lies we live by make us strong, healthy, happy and wise - Kurt Vonnegut.
  8. Seconded by ArchieBunker · · Score: 4, Interesting

    Just going to say Qwest. If you don't play ball with Uncle Sam then business suddenly becomes more difficult.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  9. The wording by AHuxley · · Score: 1

    Reasonably designed. Persons reasonably believed to be outside of the united States.
    Spot checks as oversight?
    Periodic reviews?
    If they have someone from the USA, all they have to do is report it within 5 days?
    What the Protect America Act did to the Fourth Amendment.
    The Fourth Amendment foreign intelligence exemption.
    How the Forth amendment is "balanced".
    Compensation for services?
    Finally the order to comply.

    --
    Domestic spying is now "Benign Information Gathering"
  10. Could it be by kilodelta · · Score: 3, Insightful

    Cox Communications? I know they've not been too friendly to the feds.

    1. Re:Could it be by Anonymous Coward · · Score: 1

      I agree since Cox also refused to narc on pirates.

    2. Re:Could it be by davide+marney · · Score: 1

      It's very important to get a business-class Cox connection to your home. It costs more, but it's more than worth it. You get a dedicated IP. You get a nice, clean contract that lets you run any service you want to, as long as it doesn't hurt the network and is legal. When you have a problem, you get a real IT person on the the phone when you call, not some remote call center operator going through a script. Hardware updates such as new modems are included in the price. And most importantly, the uptime and stability are outstanding.

      --
      "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    3. Re:Could it be by kbdd · · Score: 1
      I already responded to another post indicating my satisfaction with Cox but every time I see a report of someone having a particular problem with their ISP, I can go back and say that I never had that problem with Cox.

      When I had the commercial grade service, one Sunday morning Internet did not work. I thought it was a network problem. A couple of hours later, I get a web page that tells me to call their customer support. It turns out I had been exceeding my monthly bandwidth by a bunch (50% over) for over 6 months (other people in my household watching movies and videos a lot). The guy told me he was going to turn me back on but wanted me to try not to go over the limit so brazenly. A few minutes later, I was up and running. They never asked any money. I appreciated that I did not get a nastygram or other threat. I told the guy I would have appreciated an email to notify me that I was over the limit before turning me off, but honestly considering how the whole thing unfurled, they were nice and did not try to cause me problems.

      A couple of years later, I upgraded to the business class service to get rid of the monthly bandwidth and all has been good since.

    4. Re:Could it be by Grishnakh · · Score: 1

      I used to have a regular, cheapo residential-class Cox connection when I lived in a Cox service area. The few times I had a problem, whatever call center person I got actually was able to solve it (much to my surprise). And when they upgraded their systems and my old modem was no longer compatible, they sent me a brand new Surfboard free of charge.

    5. Re:Could it be by BancBoy · · Score: 1

      First thing that I thought!

      --
      [UID-HeinzIntel]
  11. Re:Microsoft by AHuxley · · Score: 1

    The timeline of PRISM? https://en.wikipedia.org/wiki/...

    --
    Domestic spying is now "Benign Information Gathering"
  12. Redacted laws by Anonymous Coward · · Score: 2, Insightful

    Redacted laws...
    Are you proud to be an American?

    1. Re:Redacted laws by Reverend+Green · · Score: 1

      Secret laws, secret courts, tyranny

    2. Re:Redacted laws by BlueStrat · · Score: 1

      Secret laws, secret courts, tyranny

      Came here to say this.

      WTF!?!? A "secret" law? If the SCOTUS is OK with this, fuck the entire SCOTUS up their collective asses sideways with a rusty lawnmower blade! Twice on Tuesdays! There is no Rule of Law left in this shithole. The US government has lost all legitimacy as it no longer recognizes any limits to it's powers. The nutcases can shoot them all, for all I care. They're all criminals and usurpers of legitimate power.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    3. Re: Redacted laws by BlueStrat · · Score: 1

      Wow.....you must be on every watchlist ever !

      If you're *not* on the 'watchlists' of those who casually and daily commit mass violations of primary civil rights while making a mockery of the Rule of Law, what does that say about *you*? ;)

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  13. Who benefits by this ? by Alain+Williams · · Score: 1

    Does the government surveillance benefit citizens of the USA ? If so: how ?

    Does it benefit a small, well connected elite ? If so: who are they ?

    That is the trouble with all this secret nonsense - no one knows how much it goes on, why it happens, who gains by it.

    BTW: I suspect that if a company pushes back, the government just finds a low level employee or two: shows them (but does not let them keep) a scary looking bit of paper and gets what it wants anyway.

  14. Twitter by Anonymous Coward · · Score: 1
  15. Quest Communications by jdoss · · Score: 1

    I remember Quest Communications being touted as not complicit with NSA surveillance directly after September 11. The CEO subsequently got investigated for income tax evasion by the IRS and was sent to jail. Quest went belly up a few years later.

  16. Perhaps Zoho... by yuvcifjt · · Score: 1

    I'm surprised no one else mentioned this, but from Edward Snowden's revelations, the docs highlighted the NSA has "major problems" getting into zoho, specifically their encrypted email service.

    But I think zoho might be an Indian company (surprisingly); while the post mentions a "US Internet Company".

    Snowdon's revelation also revealed that NSA didn't have much difficulty in monitoring hundreds of thousands of VPN's as well as having the ability to decrypt and intercept https comms [source].

  17. *Somebody* has ethics by T.E.D. · · Score: 3, Insightful

    My favorite part of this story is that, due to all the secrecy involved, this company can get no kudos for refusing to facilitate spying, almost certainly knew that, and yet they did it anyway.

    “The true test of a man’s character is what he does when no one is watching.” John Wooden

  18. Re:Cox is definitely one of the better ones by kbdd · · Score: 1

    I have had a similar experience with Cox. A long time ago Cox indicated that they had been notified of copyrighted material being downloaded through my IP and suggested that if that were the case, I delete any material that could provide liability but never communicated my information to the complainant. They earned a lot of my respect then and now, 10 years later, I have upgraded to their business service (no monthly bandwidth limit and other advantages) and am still very happy with them.

  19. Windstream by Cito · · Score: 1

    what I heard

  20. Qwest and Joseph Nacchio by eastjesus · · Score: 2

    Former Qwest CEO Joseph Nacchio, after threats from the NSA that his refusal to cooperate may jeopardize future government contracts, alleged in appeal documents that the NSA requested that Qwest participate in its wiretapping program in February of 2001, more than six months before September 11, 2001. He was the only head of a communications company to demand a court order, or approval under the Foreign Intelligence Surveillance Act, in order to turn over communications records to the NSA. The NSA cancelled a lucrative contract worth hundreds of millions of dollars with Qwest as a result of Qwest's refusal to participate in the wiretapping program. Nacchio and six other former Qwest executives were sued by the U.S. Securities and Exchange Commission accusing them of a $3 billion financial fraud between 1999 and 2002 and of benefiting from an inflated stock price, a price based on the NSA contracts in place at the time. His defense was ruled not admissible in court because the U.S. Department of Justice filed an "in limine" motion to exclude information which may reveal state secrets. Information from the Classified Information Procedures Act hearings in Mr. DiNaccio's case was likewise ruled inadmissible. Nacchio was convicted on 19 of 42 counts of insider trading and sentenced to six years in federal prison and ordered to pay a $19 million fine and forfeit $52 million he gained in stock sales. Nacchio surrendered April 14, 2009 to a federal prison camp in Schuylkill, Pennsylvania to begin serving a six-year sentence. The United States Supreme Court denied bail pending appeal the same day. Nacchio finished serving his sentence on September 20, 2013.