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  • Remembering an earlier time when a theft unmasked government surveillance

    (Henry Burroughs/ AP ) – In his office in the Executive Office Building, President Richard Nixon meets with Attorney General John N. Mitchell, left, and FBI Director J. Edgar Hoover, in Washington on May 26, 1971.

    On March 24, 1971, I became the first reporter to inform readers that the FBI wanted the American people to think there was an “FBI agent behind every mailbox.” That rather alarming alert came from stolen FBI files I had found in my own mailbox at The Washington Post when I arrived at work the previous morning. ¶ It was the return address on the big tan envelope that prompted me to open it first: “Liberty Publications, Media, PA.” I had worked at the Evening Bulletin in Philadelphia before coming to The Post in January 1970, so I knew of Media, a small town southwest of Philadelphia. ¶ The letter inside the envelope informed me that on the night of March 8, 1971, my anonymous correspondents — they called themselves the Citizens Commission to Investigate the FBI — had broken into the Media FBI office and stolen every file. They did so, I learned later, in the dark and as the sounds of the first Muhammad Ali-Joe Frazier boxing match filled the streets.

    “Enclosed you will find,” the letter said, “copies of certain files from the Media, Pennsylvania, office of the FBI which were removed by our commission for public scrutiny. We are making these copies available to you and to several other persons in public life because we feel that you have shown concern and courage as regards issues which are, in part, documented in the enclosed materials.”

    I wasn’t aware of having shown any courage, but I was, to put it mildly, eager to read those files — 14, as it turned out, of 1,000 files that they had taken.

    For 43 years the people who sent those files to me then have remained unknown to the general public. This week, five of the Media FBI burglars — a group that pulled off an act that led to congressional investigations of all intelligence agencies, congressional oversight and significant reforms in the FBI — are coming forward for the first time.

    In a book I have written and in “1971,” a documentary film by Johanna Hamilton, the burglars tell their story — the ultimate result of a chance encounter I had at a dinner party in 1989 with acquaintances in Philadelphia, who told me they were involved in the Media burglary.

    There were eight of them. Seven have now explained why and how they broke into an FBI office, with five of them revealing their names: William C. Davidon, then a physics professor at Haverford College and the leader of the group, who died in November; John C. Raines, then and until recently a religion professor at Temple University; Bonnie Raines, a day-care center director then and since the director of organizations that advocate for children; Keith Forsyth, then a cabdriver and now an electrical engineer; Bob Williamson, then a social worker and now a life and business coach based in Albuquerque. The other surviving burglars who came forward live in Philadelphia.

    ‘Enhance the paranoia’

    When I first looked at the contents of that envelope from Liberty Publications, I had no idea who might have done such a thing.

    The first file I read grasped my attention. In it, FBI agents were encouraged to increase interviews with dissenters “for plenty of reasons, chief of which are it will enhance the paranoia endemic in these circles and will further serve to get the point across there is an FBI agent behind every mailbox.”

    If the FBI had paranoia as a goal of its intelligence operations, it was significant news.

    Every document told a story about FBI power that was unknown to anyone outside the FBI. One, signed by FBI Director J. Edgar Hoover on Nov. 4, 1970, had two subject headings — “Black Student Groups on College Campuses” and “Racial Matters.” It was the first of numerous FBI files I would receive from the anonymous burglars over the next two months that revealed Hoover’s programs targeting African Americans. The files revealed that African American citizens were watched by FBI informers everywhere they went — the corner store, classrooms, churches, bookstores, libraries, bars, restaurants. Every FBI agent was required to hire at least one informer to report to him regularly on the activities of black people. In the District, every agent was required to hire six informers for that purpose. On one campus in the Philadelphia area, Swarthmore College, every black student was under surveillance.

    In these documents, Hoover conveyed a sense of urgency about the need to monitor black students: “Initiate inquiries immediately. I cannot overemphasize the importance of expeditious, thorough, and discreet handling of these cases. . . . Increased campus disorders involving black students pose a definite threat to the Nation’s stability and security.”

    When I finished reading the files I received that day in March, I knew I held in my hands either a cruel hoax or information the American public needed to know about its most powerful law enforcement agency and the FBI director it had long adored.

    Within an hour, the FBI confirmed that the files were, indeed, copies of the ones stolen from the Media office.

    By late afternoon, when I submitted my article, I was surprised to learn that it might not make it into the paper. Attorney General John N. Mitchell, who would later serve time in prison for his role in the Watergate affair, had called two editors, executive editor Ben Bradlee and national managing editor Ben Bagdikian, multiple times that afternoon urging them not to publish.

    Two members of Congress — Sen. George S. McGovern (D-S.D.) and Rep. Parren J. Mitchell (D-Md.) — and the Washington bureaus of the New York Times and Los Angeles Times had also received the files. All four of those recipients immediately handed them over to the FBI.

    Late that afternoon, Mitchell called the publisher, Katharine Graham, and again demanded that The Post not publish an article. Finally, at 6:45 p.m., he released a statement urging “anyone with copies of the records to neither circulate them further nor publish them.” Disclosure of the files we possessed, he said, could endanger lives, disclose national defense information and give aid to foreign governments.

    Tough words, especially for an attorney general who, I discovered years later from the 33,698-page record of the FBI’s official investigation of the Pennsylvania burglary, had neither read nor been briefed on the files before he issued those dramatic claims.

    At first, Graham did not want to publish the article. The Post’s legal counsel, Tony Essaye, also opposed publication. After hours of heated discussion on the unprecedented question of whether to publicize secret government documents stolen by people outside the government, Graham approved publication at 10 p.m. The story was immediately released on The Post’s wire service and appeared the next day on the front pages of many papers, including The Post.

    The editors had convinced Graham that the responsibility to reveal this information far outweighed concern about how it became available to us. It was important for people to have access to the information — even if it were the fruit of a burglary — that the FBI engaged in practices that had never been reported, probably were unconstitutional, and were counter to the public’s understanding of Hoover and the FBI.

    The reaction to the story was swift and angry. Members of Congress who had never expressed anything but kind words for J. Edgar Hoover and the FBI now issued unprecedented calls for a congressional investigation of the bureau.

    Covering up COINTELPRO

    One of the most important Media files was a mere routing slip. On the top of it was the then-unknown term COINTELPRO. That program included clandestine efforts that the Rev. Martin Luther King Jr. and his closest associates interpreted at the time as a blackmail threat intended to persuade King to commit suicide. Hoover desperately wanted to keep the operation secret.

    Because I wrote about the document attached to the routing slip, Hoover and his top aides knew on April 6, when that article was published, that the term COINTELPRO was known outside the department. Hoover immediately wrote to the heads of all field offices conducting these top-secret counterintelligence operations and ordered them to stop submitting status letters, apparently in an effort to increase security. At the same time, he told them they must “continue aggressive and imaginative participation in the program.”

    Three weeks later, fear that the operations would one day become public convinced Hoover to take the more extreme step of eliminating the code name COINTELPRO. Officials were to say the program had been closed. Actually, it continued, but with no name.

    The nature of the program was first revealed in 1973 by NBC journalist Carl Stern, who successfully sued the FBI for documents that defined the purpose of COINTELPRO, which was initiated by Hoover in 1956. Numerous such operations were revealed during the 1975 hearings of the Senate select panel known as the Church Committee, the first congressional investigation of all intelligence agencies.

    A surprise at dinner

    Many years after the Media burglars opened the door to Hoover’s secret FBI, I accidentally found two of them, John and Bonnie Raines. On a trip to Philadelphia in 1989, I had dinner at their home one evening. I had known them as acquaintances when I worked in Philadelphia in the late 1960s and had not seen them for many years. Their youngest child joined us briefly. John turned to her and said, “Mary, we want you to know Betty because many years ago, when your dad and mother had information about the FBI we wanted the American public to know, we gave it to Betty.”

    That statement didn’t mean anything to Mary, but it almost knocked me off my chair. When she left the room, I asked the obvious question: “Are you saying you were the Media burglars?”

    They happily admitted they were. John Raines had not planned to tell me, he says. He just happened to blurt it out. Among the many things I learned that night was that the eight burglars had all agreed to take the secret to their graves. A few weeks later, I asked them if they would find the others and together consider breaking that vow so that this important gap in history could be filled. Shortly after that, on a part-time basis while I continued to teach journalism, I started my research about them, the investigation into the burglary and the impact of what they had done.

    As the Media burglars came forward this week, inevitably people have linked them to former NSA contractor Edward Snowden, who last year began releasing documents showing massive government surveillance.

    There are similarities in their stated motivations: They all sought to give important information to the public about overreaching intelligence agencies.

    Davidon, the leader of the Media group, thought that suppression of dissent was a crime against democracy. If documentary evidence was presented to Americans, he was confident they would take action to stop it. He was right. The burglars found the evidence and the public acted.

    In the case of the Snowden files, it is not clear what action the public might demand that Congress take.

    It is clear, though, that twice in the past half-century, Americans have had to rely on burglars — not official oversight by Congress, the Justice Department or the White House — for crucial information about their intelligence agencies’ operations.

    Betty Medsger, a former Washington Post reporter, is the author of “The Burglary: the Discovery of J. Edgar Hoover’s Secret FBI.”

    By Betty Medsger, Published: January 11 E-mail the writer

    Find this story at 11 January 2014

    © 1996-2014 The Washington Post

    NBC reporter recounts breaking FBI spying story

    On the Dec. 6, 1973 “Nightly News,” Carl Stern becomes the first reporter to expose COINTELPRO, a now-notorious FBI program that infiltrated and disrupted civil rights, anti-war and other political dissident groups.

    The files stolen from an FBI office outside Philadelphia in 1971 were stunning, describing secret efforts to spy on student protestors and infiltrate civil rights groups.

    But one document proved especially interesting to the NBC News correspondent who would later break the news of the FBI’s most notorious secret program of nationwide domestic surveillance. It discussed a proposal from bureau headquarters that agents send letters “anonymously” to college professors who had “shown a reluctance to take decisive action” against left-wing protestors. And it included a cryptic acronym he’d never seen before: “COINTELPRO.”

    “The first question that popped in my mind was, ‘By what authority do FBI agents write anonymous letters?’” recalls Carl Stern, who covered the Justice Department for NBC News for nearly 30 years. He also wanted to know what “COINTELPRO” stood for. But when he pressed those questions with top DOJ officials, “nobody would talk to me about it.”

    Stern recalled his efforts to learn more about the document—and the mysterious reference to “COINTELPRO” — on Tuesday after the confession by three former peace activists that they had committed the unsolved burglary of the Media, Pa. office in order to document what they were convinced was “massive illegal surveillance” by J. Edgar Hoover’s FBI. The identities of the burglars are revealed in a new book, “The Burglary,” by former Washington Post reporter Betty Medsger, and were reported Tuesday on the “Today” show.

    Read the NBC News report on the burglars who came forward.

    In the bombshell book, “The Burglary,” journalist Betty Medzger exposes the robbers behind the momentous theft from an FBI office outside Philadelphia over 40 years ago. The perpetrators have come forward in an interview with NBC News.

    The burglars cracked open the door to exposing illicit FBI snooping by stealing the files and sending them to select journalists, but it was Stern who opened it all the way. Using a then-novel tool called the Freedom of Information Act to obtain documents from the government, Stern uncovered the long-running surveillance program known as COINTELPRO, a now-infamous effort at political intimidation and disruption that may have been Hoover’s biggest secret.

    As Stern recalled it, when his initial inquiries about COINTELPRO were rebuffed, he refused to take no for an answer and sought an explanation over lunch with L. Patrick Gray, who had become acting director of the FBI after Hoover died in 1972. He got back a terse letter in Sept. 1972. “This matter involved a highly sensitive operation,” it read. “It has now been discontinued” and any further disclosures “would definitely be harmful to the Bureau’s operations and to the national security.”

    So Stern filed a lawsuit under the Freedom of Information Act. And with the help of a sympathetic judge, the late Barrington Parker, he finally got the first documents describing what COINTELPRO was, and broke the story on NBC’s “Nightly News” on Dec. 6, 1973. “Secret FBI memos made public today show the late J. Edgar Hoover ordered a nationwide campaign to disrupt the activities of the New Left,” said John Chancellor that night introducing Stern’s report. “He ordered his agents not only to expose New Left groups, but to take action against them to neutralize them.”

    Those documents opened the floodgates to hundreds more over the years as Congressional investigations followed. They showed that Hoover had started COINTELPRO in 1956, first targeting the Communist Party and then expanding the program over the years to include the Socialist Workers Party, black nationalists, New Left groups and the Ku Klux Klan. Agents were directed to harass and intimidate leaders, plant false stories and write anonymous letters aimed at discrediting them. In one case, the bureau planted a false story that film star Jean Seberg, known to have financially supported the Black Panther Party, had been impregnated by one of its leaders. In another, it sent a tape to Coretta Scott King, wife of the civil rights leader Martin Luther King, Jr. containing secretly made audio recordings of her husband’s extramarital affairs.

    “It was a very abusive program, it had no law enforcement purpose,” said Athan Theoharis, a leading scholar of the FBI’s history and a professor emeritus at Marquette University. “Clearly, what the bureau was doing was trying to contain organizations whose politics the FBI viewed as abhorrent.”

    Stern agrees. “They made a decision about which individuals and organizations were doing things that they regarded as un-American and harmful,” he said, “and that’ s not the bureau’s job.”

    Ironically, Hoover quietly terminated COINTELPRO shortly after the Media, Pa. break-in, afraid details of the program would come to light. Within a few years, prodded by the bad publicity and the findings of a Senate committee headed by the late Sen. Frank Church of Idaho, the Justice Department issued new guidelines prohibiting the bureau from engaging in any such activities and barring investigations based on First Amendment-protected political activity.

    By then, a later FBI director, Clarence Kelley, would do something Hoover is not known to have ever contemplated. He formally apologized for COINTELPRO. “We are truly sorry we were responsible for instances which are now subject to such criticism,” Kelley said in a 1976 speech at Westminster College in Missouri. “Some of those activities were clearly wrong and quite indefensible.”

    Theoharis said those changes might never have taken place if the Media burglars had not stolen the FBI’s secret files — and Stern had not followed up on what they did.

    Wednesday Jan 8, 2014 2:00 AM
    By Michael Isikoff, NBC News National Investigative Correspondent

    Find this story at 8 January 2014

    © NBCNews.com

    How to Burglarise the FBI The Citizens’ Commission to Investigate the FBI did it back in 1971

    For most of US history, spies didn’t have rules – even when they were targeting US citizens. The spymasters and their agents did whatever was necessary: blackbag break-ins, illegal phone taps, telegram and mail intercepts, plus the usual lying, stealing and killing. But in late 1970, a collection of ordinary citizens became so outraged by illegal government spying that they began to meticulously plan a daring mission: they would raid an FBI office.

    On the 8th of March, 1971, a group of activists calling themselves the Citizens’ Commission to Investigate the FBI broke into an office outside of Philadelphia, stole nearly all the FBI’s own documents and mailed them to Washington Post reporter Betty Medsger. This leak led to massive reforms of the rules of surveillance. Any limits on NSA and FBI actions inside the United States are thanks in part to these daring citizen burglars. They kept their story a secret for 43 years. Meet the men and women who burgled the FBI.

    Their secret planning began with a spaghetti dinner. A pair of college professors, several university students, a social worker, a daycare worker and a taxi driver gathered around a homey dinner table, children underfoot at a three-story stone townhouse in Philadelphia. Some of the guests were on edge, while others laughed like old friends. Their leader, William “Bill” Davidon, a physics professor at nearby Haverford College, was the oldest at 43. He leaned back, quietly observing the crew that ranged in age down to 20. Several of the members had been arrested in earlier actions. But this operation was on a different scale of danger. Even sitting at the table slurping spaghetti and discussing plans was enough for conspiracy charges, perhaps up to ten years in federal prison. If the FBI catches you in the act, a friendly lawyer warned, you might be shot.

    John and Bonnie Raines’s wedding photo, 1962

    As they ate, Davidon outlined his plan. We are going to break into an FBI office, steal every document, mail the internal FBI files to the press and expose the FBI’s crimes to the nation. He was neither loud nor flashy. His was a leadership that came with the spark of conviction, the sensibilities of a lifelong educator.

    But to attack the FBI meant directly confronting J Edgar Hoover, one of the most powerful men in America. For nearly five decades, Hoover had shaped the FBI to his liking, personally deciding who was a true American and who was an enemy of the state. “When Hoover was director, there were no guidelines. He was the guideline and he told agents what they can do and they can’t do,” said former FBI Special Agent Wes Swearingen, who was active from 1951 to 1977. “He did not ask any president or any attorney general what he could do. In fact, he kept it secret. That gave him a lot of power because everything was so secretive.”

    Hoover used FBI agents to draw up a list of tens of thousands of “subversive” Americans to be rounded up and arrested in the event of a national emergency. He organised nationwide programmes to harass and disrupt political activists. “We used to set up Black Bag Jobs which were actually illegal searches because we did not have search warrants… and I did or knew about approximately 500 [of these] in the Chicago area alone,” Swearingen told me. “Hoover was very abusive because we were talking about innocent people being put in jail and people being assassinated, like Fred Hampton and Mark Clark [leaders of the Black Panther Party] in Chicago. That was a definite arrangement by the FBI for the Chicago Police to go in and kill all the members. And I was told personally by an agent that I used to work with, that that’s what happened.”

    Despite his reign of abuse, no one in Washington dared challenge the man who knew too much. “Somebody had to do it. And those of us who referred to ourselves as the ‘Citizens’ Commission to Investigate the FBI’ took that task as our task in the early months of 1971,” says John Raines, a professor of religion at Temple University and, along with his wife Bonnie, a former member of the Citizens’ Commission. “If we did not do it, it would not get done. And J Edgar Hoover would have continued to turn his FBI into a kind of proto-Gestapo.”

    It had been Davidon’s idea that burglering the FBI would show how the venerated bureau was out of control, running illegal operations, ignoring the US Constitution and disrupting fundamental democratic rights. Secrecy was a must. They each knew that if even one of them talked, slipped up or got caught, the entire group was going down.

    The FBI office was located on the second floor of the County Court Apartments in Media, Pennsylvania. (Photo by Betty Medsger)

    An FBI office in the small town of Media, Pennsylvania caught Davidon’s attention. Media was just outside of Philly, and when he drove by the offices, Davidon was convinced that the three-story brick office building was vulnerable. These smaller FBI offices, known as “Resident Agencies”, often housed less than a half-dozen agents and had less sophisticated security measures. The Citizens’ Commission now had their target.

    Throughout January and February of 1971, the Raines’s third floor attic morphed into a command centre. Sheetrock was hung on one wall and quickly filled with handwritten notes and operational details. Escape routes were planned. A large map of Media was hung on the wall and a diagram of the FBI office slowly took shape. Brainstorming sessions led to a chart with questions: How long does it take the courthouse guard to make rounds? Is it predictable? Are there regular police patrols?

    Davidon wanted no detail left unstudied. He assigned each team member a specific set of tasks. John Raines was chosen to drive the getaway car – the family station wagon. He would wait in a parking lot miles from the operation, ready to receive the stolen goods. Once the documents were squirrelled away in a safe house, it would be John and Davidon who would write up the analysis. They were both in their early 40s, long-term strategic thinkers, men who had joined the Civil Rights Movement long before it was hip and risked their life by travelling to rural Mississippi in the early 1960s as part of a movement known as “The Freedom Riders”.

    Keith Forsyth, part-time cabbie and lock picker

    Forsyth was the one-man entry crew. While the others sat around a table up in the attic, Forsyth installed a board with multiple locks lined up like a hardware store collection. While the others debated entry strategies, escape routes and how to avoid being arrested, Forsyth picked locks. “Every lock is an individual, they all behave differently so I would go up and down practicing. I would do all [the locks] clockwise, rotating and going up and then back counterclockwise. Every so often I would either swap out a lock or I would take a lock out, take it apart and put a new combination in it. When I was really good, I probably could do most locks in about 30 seconds.”

    As the burglary plan took shape, Forsyth was given another task: he would help with surveillance. The burglars began night operations, staking out the Media FBI office in pairs. They developed a formal routine. Every weeknight from 7PM to midnight the crew spied, took notes and honed the details of the operation.

    “It was boring. You’re watching out the door, constantly waiting for a cop car to go by. A cop car goes [by] and then you wait another hour before you see the next one,” said Forsyth. “You have two people sitting in the back of a van with curtains over the windows in the dark, for hours at a time. It would be pretty hard to explain that if a cop actually saw your eye move behind the curtain.”

    The activists were clear that the raid had to take place at night, after the agents had left but not so late as to raise suspicions. They found an ideal date. On the 8th of March, 1971, Joe Frazier was scheduled to fight Muhammad Ali. Millions would be watching and listening. While Ali and Frazier fought inside Madison Square Garden, the burglars could use the noise of the radio and TV broadcasts as cover.

    After two full months of casing the FBI by night, the team understood well the outside routines. But what was happening inside the FBI offices? The Citizens’ Commission agreed that someone needed to spend some time undercover in the offices.

    Bonnie Raines with her daughter, Lindsley, in 1971, the year of the robbery

    Bonnie Raines volunteered. She looked younger than her 29 years, had a bubbly Midwestern charm and was extremely attractive. In late February, she disguised her long hair by carefully tucking it inside a woollen hat. She wore oversized glasses that were not part of her normal getup. A pair of leather gloves allowed her to take notes without leaving fingerprints. Under the guise of investigating work opportunities for women at the FBI, Bonnie set up an appointment to interview an agent inside the office. While Bonnie kept the conversation on track, she made a handful of mental notes. The filing cabinets did not appear to have sophisticated locks, and there was no visible alarm. There was also a second entryway, a door barricaded by huge filing cabinets. Loaded with information, Bonnie left the office surer than ever that the operation was possible.

    As plans began to solidify, Jonathan Flaherty, one of the burglars, got cold feet. With little explanation, Flaherty left the group, hardly explaining his fears or motivations. The group was stunned. Flaherty could sink them all with a single phone call. Davidon pushed on. He tried to ignore the possibilities of the defector. He’d already hurdled dozens of challenges.

    ***

    At 7PM, on the 8th of March, the burglars gathered at a Holiday Inn several miles from the FBI office. They arrived in separate cars and waited. Forsyth was sent to pick the locks. He had already scouted the premises, found a pair of locks he could pick, and figured his well-practiced routine would take approximately 30 seconds. He approached the office in a Brooks Brothers suit and tie, clean-shaven and confident, but when he saw the door, he panicked. A second, far more sophisticated lock had recently been added, one that would be impossible for him to pick. “I was very upset, because immediately my plan had been to go up there, open those two locks, make sure there was no alarms and leave. I planned to be out of there in five minutes or less. And so my immediate instinctive reaction was that this whole thing was down the tubes.”

    Forsyth returned to the Holiday Inn, “I can’t do it,” he bluntly told the gathered crew. Davidon marshalled the frustration and began to think aloud. What other ways might work? Do we have a second door? During her casing mission, Bonnie had seen another door, but it was barricaded by a huge filing cabinet. Davidon thought it would work, while also warning that knocking over the file cabinet meant near-sure arrest. They decided to go for it and headed back to the office.

    Now Forsyth’s bragging rights were tested. He found the barricaded door, which had just one lock. He picked that in his standard 30 seconds. Then using a crowbar and part of a car jack he painstakingly inched the massive file cabinet away from the door. Instead of a quick 30-second entry, it was closer to an hour of painstaking work. “My feet are braced up against the wall and I am pulling the jack very, very slowly trying to feel what is happening on the other side. Trying to feel whether this thing is slipping or tipping or not,” said Forsyth. “I was trying to stay calm but, you know, what are you going to say if somebody walks up and says, ‘By the way, young man, why are you laying on the floor with a four-foot steel bar in your hands stuck inside the FBI’s door?’”

    While he strained, Forsyth silently thanked Ali as sounds of the heavyweight fight echoed throughout the building. Then he panicked. “I heard this sort of banging, a bang sound from inside, and of course I froze instantly. It was an old building. Was this the steam heat? Or was it an FBI agent who tripped over something? I had no way of knowing. “

    Forsyth finally wedged the door open far enough to slip his skinny frame into the FBI offices. “I had this little moment where I thought, ‘Well, if they’re in there I’m going to find our right now.’ I squeezed through and tried to be as calm as I could. I looked around and there was nobody there.”

    Next, a two-man, two-woman team entered the FBI offices carrying empty suitcases. They worked stealthily in the dark. A flashlight dimmed with tape was used sparingly. The “inside crew” methodically wrenched open desk drawers and file cabinets. Careful not to make noise or leave the slightest evidence, they quietly filled up their oversized suitcases with documents. They also grabbed an autographed photo of J Edgar Hoover as a trophy. The well-dressed burglars then strolled out to waiting cars in front of the offices, loaded up two vehicles with suitcases and were driven off.

    The Quaker farmhouse 40 miles outside of Philadelphia, where the burglars reconvened after the robbery to examine the stolen documents. (Photo by Betty Medsger)

    Davidon had long before decided that the documents should be kept at a central location, preferably rural. He didn’t want to risk an FBI raid in Philadelphia, so he quietly asked a friend to lend him the farmhouse at Friendship Farm, a Quaker retreat. Once the burglars reconvened at the farmhouse they immediately opened the suitcases and began sorting documents. From the onset they had agreed to destroy any legitimate criminal records – alerting bank robbery suspects that the FBI was after them was not part of the plan. They wanted evidence the FBI was harassing political activists. As Davidon had repeatedly stated to the group, if Hoover was trying to squash dissent in the United States, the documents would prove it.

    The group spread the documents across the kitchen table, counters, a dining room table and even atop chairs as they began sorting. Within an hour they found evidence. In an internal FBI document, agents were taught that harassing and infiltrating legitimate political organisations was a particularly effective technique. It might help, the document suggested, to “enhance the paranoia… get across the point there is an FBI agent behind every mailbox”.

    Another document was a routing slip with the word COINTELPRO – short for Counter Intelligence Programme – a top secret programme little known outside the FBI, which was at the heart of the Bureau’s dirty tricks and harassment campaigns versus political activists.

    “We discovered very quickly that we had not acted in vain. Now we had documentation that proved our suspicions to be accurate,” said John Raines. “And then, with those documents, we were able to get the proof on what J Edgar Hoover was making his agents do.”

    The burglary had literally turned the FBI inside out. The masters of covert entry and burglaries had themselves been targeted. “I don’t think anyone [at the FBI] ever thought anyone would have guts enough to try to break into the FBI,” said Swearingen, the former agent. “The frame of mind in the FBI was ‘Nobody’s going to break into an FBI office. They’ve got to be crazy.’ But hey, people break into banks all the time.”

    Hoover’s paranoia flourished. Was Media the first of many attacks? Would all his secrets be revealed? Already weakened by age and losing his grip on power, he panicked. He ordered armed agents to sleep inside FBI offices nationwide. “I would go to the Santa Barbara [FBI] office and lock the door at night and I would sleep in there overnight. We had old army cots…and that was nationwide,” said former FBI agent Swearingen. “They spent millions of dollars putting in a security system for all these different resident agencies around the country. It’s like they locked up the barn after the horse was stolen.”

    The next hit on Hoover, however, came not from the burglars but from The Washington Post. The Citizens’ Commission sent the Post a packet of 14 government documents. Attorney General John Mitchell got wind and pressured executive editor Ben Bradlee to keep the information secret. Bradlee refused, citing the public interest in the FBI’s activities. It was clear to Bradlee and young reporter Betty Medsger that the original documents mailed to the Post were the tip of a far larger scandal. Medsger poured her energy into the story – the documents had been addressed to her, and she quickly figured that her previous job writing about anti-war activists for Philadelphia’s Evening Bulletin was directly connected to the burglars choosing her.

    The Burglary, by Betty Medsger, published through Alfred A Knopf

    The Post supported her work with front-page exclusives and a harsh editorial condemning the FBI. For Medsger, it would be the story of her life. In her recently released book The Burglary, Medsger weaves together the tales of the burglars and the long history of Hoover’s disdain for democracy.

    For Hoover, the lack of investigative leads in the burglary was infuriating. Particularly galling to the FBI director was the lack of arrests. Despite a six-year investigation and a file that stretched to 33,000 pages, no member of the Citizens’ Commission was ever charged. The case was eventually closed, but the FBI was never the same. “It brought the FBI to its senses. Up until that time, they were just kind of free-ruling and doing whatever they felt they might want to do or maybe should do,” said Swearingen, the former agent. “But [the Media break-in] brought that to a screeching halt.”

    RetroReport just put out a short documentary on the Citizen’s Commission. Watch it right here.

    Jonathan Franklin is an independent reporter who writes often for the Guardian. He can be followed @Franklinblog. Email inquiries, news tips and secret documents can be sent to chilefranklin2000@yahoo.com.

    By Jonathan Franklin

    Find this story at 9 January 2014

    © 2014 Vice Media Inc.

    Burglars Who Took On F.B.I. Abandon Shadows; Stealing J. Edgar Hoover’s Secrets

    One night in 1971, files were stolen from an F.B.I. office near Philadelphia. They proved that the bureau was spying on thousands of Americans. The case was unsolved, until now.

    PHILADELPHIA — The perfect crime is far easier to pull off when nobody is watching.

    So on a night nearly 43 years ago, while Muhammad Ali and Joe Frazier bludgeoned each other over 15 rounds in a televised title bout viewed by millions around the world, burglars took a lock pick and a crowbar and broke into a Federal Bureau of Investigation office in a suburb of Philadelphia, making off with nearly every document inside.

    They were never caught, and the stolen documents that they mailed anonymously to newspaper reporters were the first trickle of what would become a flood of revelations about extensive spying and dirty-tricks operations by the F.B.I. against dissident groups.

    “Heroes. And a reminder to those who naively believe that the government can be trusted with the power to run a surveillance state. How quickly we forget Hoover and Nixon.”

    The burglary in Media, Pa., on March 8, 1971, is a historical echo today, as disclosures by the former National Security Agency contractor Edward J. Snowden have cast another unflattering light on government spying and opened a national debate about the proper limits of government surveillance. The burglars had, until now, maintained a vow of silence about their roles in the operation. They were content in knowing that their actions had dealt the first significant blow to an institution that had amassed enormous power and prestige during J. Edgar Hoover’s lengthy tenure as director.

    Launch media viewer
    John and Bonnie Raines, two of the burglars, at home in Philadelphia with their grandchildren. Mark Makela for The New York Times

    “When you talked to people outside the movement about what the F.B.I. was doing, nobody wanted to believe it,” said one of the burglars, Keith Forsyth, who is finally going public about his involvement. “There was only one way to convince people that it was true, and that was to get it in their handwriting.”

    Mr. Forsyth, now 63, and other members of the group can no longer be prosecuted for what happened that night, and they agreed to be interviewed before the release this week of a book written by one of the first journalists to receive the stolen documents. The author, Betty Medsger, a former reporter for The Washington Post, spent years sifting through the F.B.I.’s voluminous case file on the episode and persuaded five of the eight men and women who participated in the break-in to end their silence.

    Unlike Mr. Snowden, who downloaded hundreds of thousands of digital N.S.A. files onto computer hard drives, the Media burglars did their work the 20th-century way: they cased the F.B.I. office for months, wore gloves as they packed the papers into suitcases, and loaded the suitcases into getaway cars. When the operation was over, they dispersed. Some remained committed to antiwar causes, while others, like John and Bonnie Raines, decided that the risky burglary would be their final act of protest against the Vietnam War and other government actions before they moved on with their lives.

    “We didn’t need attention, because we had done what needed to be done,” said Mr. Raines, 80, who had, with his wife, arranged for family members to raise the couple’s three children if they were sent to prison. “The ’60s were over. We didn’t have to hold on to what we did back then.”

    A Meticulous Plan
    Launch media viewer
    Keith Forsyth, in the early 1970s, was the designated lock-picker among the eight burglars. When he found that he could not pick the lock on the front door of the F.B.I. office, he broke in through a side entrance.

    The burglary was the idea of William C. Davidon, a professor of physics at Haverford College and a fixture of antiwar protests in Philadelphia, a city that by the early 1970s had become a white-hot center of the peace movement. Mr. Davidon was frustrated that years of organized demonstrations seemed to have had little impact.

    In the summer of 1970, months after President Richard M. Nixon announced the United States’ invasion of Cambodia, Mr. Davidon began assembling a team from a group of activists whose commitment and discretion he had come to trust.

    The group — originally nine, before one member dropped out — concluded that it would be too risky to try to break into the F.B.I. office in downtown Philadelphia, where security was tight. They soon settled on the bureau’s satellite office in Media, in an apartment building across the street from the county courthouse.

    That decision carried its own risks: Nobody could be certain whether the satellite office would have any documents about the F.B.I.’s surveillance of war protesters, or whether a security alarm would trip as soon as the burglars opened the door.

    The group spent months casing the building, driving past it at all times of the night and memorizing the routines of its residents.
    Launch media viewer
    Mr. Forsyth today. Mark Makela for The New York Times

    “We knew when people came home from work, when their lights went out, when they went to bed, when they woke up in the morning,” said Mr. Raines, who was a professor of religion at Temple University at the time. “We were quite certain that we understood the nightly activities in and around that building.”

    But it wasn’t until Ms. Raines got inside the office that the group grew confident that it did not have a security system. Weeks before the burglary, she visited the office posing as a Swarthmore College student researching job opportunities for women at the F.B.I.

    The burglary itself went off largely without a hitch, except for when Mr. Forsyth, the designated lock-picker, had to break into a different entrance than planned when he discovered that the F.B.I. had installed a lock on the main door that he could not pick. He used a crowbar to break the second lock, a deadbolt above the doorknob.

    After packing the documents into suitcases, the burglars piled into getaway cars and rendezvoused at a farmhouse to sort through what they had stolen. To their relief, they soon discovered that the bulk of it was hard evidence of the F.B.I.’s spying on political groups. Identifying themselves as the Citizens’ Commission to Investigate the F.B.I., the burglars sent select documents to several newspaper reporters. Two weeks after the burglary, Ms. Medsger wrote the first article based on the files, after the Nixon administration tried unsuccessfully to get The Post to return the documents.

    Other news organizations that had received the documents, including The New York Times, followed with their own reports.
    Launch media viewer
    At The Washington Post, Betty Medsger was the first to report on the contents of the stolen F.B.I. files. Now, she has written a book about the episode. Robert Caplin for The New York Times

    Ms. Medsger’s article cited what was perhaps the most damning document from the cache, a 1970 memorandum that offered a glimpse into Hoover’s obsession with snuffing out dissent. The document urged agents to step up their interviews of antiwar activists and members of dissident student groups.

    “It will enhance the paranoia endemic in these circles and will further serve to get the point across there is an F.B.I. agent behind every mailbox,” the message from F.B.I. headquarters said. Another document, signed by Hoover himself, revealed widespread F.B.I. surveillance of black student groups on college campuses.

    But the document that would have the biggest impact on reining in the F.B.I.’s domestic spying activities was an internal routing slip, dated 1968, bearing a mysterious word: Cointelpro.

    Neither the Media burglars nor the reporters who received the documents understood the meaning of the term, and it was not until several years later, when the NBC News reporter Carl Stern obtained more files from the F.B.I. under the Freedom of Information Act, that the contours of Cointelpro — shorthand for Counterintelligence Program — were revealed.

    Since 1956, the F.B.I. had carried out an expansive campaign to spy on civil rights leaders, political organizers and suspected Communists, and had tried to sow distrust among protest groups. Among the grim litany of revelations was a blackmail letter F.B.I. agents had sent anonymously to the Rev. Dr. Martin Luther King Jr., threatening to expose his extramarital affairs if he did not commit suicide.
    Launch media viewer
    The F.B.I. field office in Media, Pa., from which the burglars stole files that showed the extent of the bureau’s surveillance of political groups. Betty Medsger
    Recent Comments
    silentbear 28 days ago

    In celebration of these folks actions, I’d like to share this song:http://youtu.be/4JIbCZen1Tg
    Pat Shea 28 days ago

    People in the movement knew they were getting spied on anyway. At UW – Madison, the COINTELPRO photographers would lurk in the alleys along…
    Paul Lerch 28 days ago

    Two thumbs up to the Rainses’, Keith Forsyth and the five others who had the courage to really put themselves at risk in order to take an…
    See All Comments

    “It wasn’t just spying on Americans,” said Loch K. Johnson, a professor of public and international affairs at the University of Georgia who was an aide to Senator Frank Church, Democrat of Idaho. “The intent of Cointelpro was to destroy lives and ruin reputations.”

    Senator Church’s investigation in the mid-1970s revealed still more about the extent of decades of F.B.I. abuses, and led to greater congressional oversight of the F.B.I. and other American intelligence agencies. The Church Committee’s final report about the domestic surveillance was blunt. “Too many people have been spied upon by too many government agencies, and too much information has been collected,” it read.

    By the time the committee released its report, Hoover was dead and the empire he had built at the F.B.I. was being steadily dismantled. The roughly 200 agents he had assigned to investigate the Media burglary came back empty-handed, and the F.B.I. closed the case on March 11, 1976 — three days after the statute of limitations for burglary charges had expired.

    Michael P. Kortan, a spokesman for the F.B.I., said that “a number of events during that era, including the Media burglary, contributed to changes to how the F.B.I. identified and addressed domestic security threats, leading to reform of the F.B.I.’s intelligence policies and practices and the creation of investigative guidelines by the Department of Justice.”

    According to Ms. Medsger’s book, “The Burglary: The Discovery of J. Edgar Hoover’s Secret F.B.I.,” only one of the burglars was on the F.B.I.’s final list of possible suspects before the case was closed.
    Launch media viewer
    Afterward, they fled to a farmhouse, near Pottstown, Pa., where they spent 10 days sorting through the documents. Betty Medsger

    A Retreat Into Silence

    The eight burglars rarely spoke to one another while the F.B.I. investigation was proceeding and never again met as a group.

    Mr. Davidon died late last year from complications of Parkinson’s disease. He had planned to speak publicly about his role in the break-in, but three of the burglars have chosen to remain anonymous.

    Among those who have come forward — Mr. Forsyth, the Raineses and a man named Bob Williamson — there is some wariness of how their decision will be viewed.

    The passage of years has worn some of the edges off the once radical political views of John and Bonnie Raines. But they said they felt a kinship toward Mr. Snowden, whose revelations about N.S.A. spying they see as a bookend to their own disclosures so long ago.

    They know some people will criticize them for having taken part in something that, if they had been caught and convicted, might have separated them from their children for years. But they insist they would never have joined the team of burglars had they not been convinced they would get away with it.

    “It looks like we’re terribly reckless people,” Mr. Raines said. “But there was absolutely no one in Washington — senators, congressmen, even the president — who dared hold J. Edgar Hoover to accountability.”

    “It became pretty obvious to us,” he said, “that if we don’t do it, nobody will.”

    The Retro Report video with this article is the 24th in a documentary series presented by The New York Times. The video project was started with a grant from Christopher Buck. Retro Report has a staff of 13 journalists and 10 contributors led by Kyra Darnton, a former “60 Minutes” producer. It is a nonprofit video news organization that aims to provide a thoughtful counterweight to today’s 24/7 news cycle.

    A version of this article appears in print on January 7, 2014, on page A1 of the New York edition with the headline: Burglars Who Took On F.B.I. Abandon Shadows. Order Reprints|Today’s Paper|Subscribe

    By MARK MAZZETTIJAN. 7, 2014

    Find this story at 7 January 2014

    © 2014 The New York Times Company

    “It Was Time to Do More Than Protest”: Activists Admit to 1971 FBI Burglary That Exposed COINTELPRO

    One of the great mysteries of the Vietnam War era has been solved. On March 8, 1971, a group of activists — including a cabdriver, a day care director and two professors — broke into an FBI office in Media, Pennsylvania. They stole every document they found and then leaked many to the press, including details about FBI abuses and the then-secret counter-intelligence program to infiltrate, monitor and disrupt social and political movements, nicknamed COINTELPRO. They called themselves the Citizens’ Commission to Investigate the FBI. No one was ever caught for the break-in. The burglars’ identities remained a secret until this week when they finally came forward to take credit for the caper that changed history. Today we are joined by three of them — John Raines, Bonnie Raines and Keith Forsyth; their attorney, David Kairys; and Betty Medsger, the former Washington Post reporter who first broke the story of the stolen FBI documents in 1971 and has now revealed the burglars’ identities in her new book, “The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI.”

    Click here to watch the one-hour Part 2 of this interview.
    Transcript

    This is a rush transcript. Copy may not be in its final form.

    NERMEEN SHAIKH: Today, we will spend the rest of the hour unraveling one of the great mysteries of the Vietnam War era. On March 8th, 1971, a group of eight activists, including a cab driver, a daycare director and two professors, broke into an FBI office in Media, Pennsylvania, and stole every document they found. The activists, calling themselves the Citizens’ Commission to Investigate the FBI, soon began leaking shocking details about FBI abuses to the media. Among the documents was one that bore the mysterious word “COINTELPRO.”

    AMY GOODMAN: No one involved in the break-in was ever caught. Their identities remained a secret until this week. Today, three of the FBI burglars will join us on the show, but first I want to turn to a new short film produced by the nonprofit news organization Retro Report for The New York Times. It’s titled Stealing J. Edgar Hoover’s Secrets.

    NARRATOR: It’s the greatest heist you’ve never heard of and one of the most important.

    HARRY REASONER: Last March, someone broke into the FBI offices in Media, Pennsylvania, stole some records and mailed copies of them around to the several newspapers.

    NARRATOR: Those records would help bring an end to J. Edgar Hoover’s secret activities within the Federal Bureau of Investigation.

    JOHN CHANCELLOR: He ordered his agents not only to expose New Left groups, but to take action against them to neutralize them.

    UNIDENTIFIED: Many Americans were tapped and bugged, had their mail opened by the CIA and the FBI.

    NARRATOR: The burglars were never caught, and the details have remained a mystery until now. A new book, The Burglary, reveals for the first time who did it and how they used a crowbar to pry open one of the best-kept and darkest secrets in American history.

    JOHN RAINES: We were early whistleblowers before whistleblowers were known as such.

    NARRATOR: The burglars are stepping out of the shadows just as new revelations about secret intelligence operations have many people asking, “How much is too much when personal privacy is at stake?”

    In the spring of 1970, the war in Vietnam was raging.

    JOHN CHANCELLOR: American battle deaths in Vietnam now number 40,142.

    NARRATOR: And at home, antiwar protesters and law enforcement officers were violently clashing.

    BONNIE RAINES: It felt like a nightmare was unfolding. I took what was outrage and horror about what was going on, and I realized that I had to take it somewhere.

    NARRATOR: Bonnie Raines worked at a daycare center in Philadelphia. Her husband John taught religion at Temple University. They were the very picture of a golden couple.

    BONNIE RAINES: We had an eight-year-old, a six-year-old and a two-year-old. We were family folks who also wanted to keep another track active in our lives, which was political activism.

    NARRATOR: That activism attracted the attention of the FBI. Its director, the powerful and feared J. Edgar Hoover, perceived the antiwar movement, which ranged from radical revolutionaries to peaceful protesters, as a threat to national security.

    BONNIE RAINES: At one rally, I had one of my children on my back, and not only did they take my picture, but they took her picture.

    NARRATOR: Protesters like the Raines became increasingly convinced the FBI was conducting a covert campaign against them, tapping their phones and infiltrating antiwar groups.

    JOHN RAINES: We knew the FBI was systematically trying to squash dissent. And dissent is the lifeblood of democracy.

    NARRATOR: Determined to get proof, the FBI was crossing the line, fellow activist and Haverford physics professor William Davidon hatched a plan. He reached out to the Raines and six others, including a social worker, a graduate student and a taxi driver named Keith Forsyth.

    KEITH FORSYTH: We agreed to meet someplace where we could talk. And he says, “What would you think about the idea of breaking into an FBI office?” And I look at him, and I’m like, “You’re serious, aren’t you?” I was pretty vehement in my opposition to the war, and I felt like marching up and down the street with a sign was not cutting it anymore. And it was like, OK, time to—time to kick it up a notch.

    NARRATOR: The crew decided to break into a small FBI field office in Media, Pennsylvania.

    KEITH FORSYTH: Once I got over the shock of thinking that this was the nuttiest thing I’d ever heard in my life, I’m like, this is a great idea, because we’re not going to make any allegations; we’re going to take their own paperwork, signed by their own people, including J. Edgar Hoover, and give it to the newspapers. So, let’s see you argue with that.

    NARRATOR: In the Raines’ third-floor attic, the team divvied up responsibilities and assigned tasks. They hung maps to learn about the neighborhood, planned escape routes, and they took extensive notes on the comings and goings in the building.

    KEITH FORSYTH: I signed up for a correspondence course in locksmithing. That was my job, to get us in the door. Practiced several times a week. After a month, you get pretty good.

    NARRATOR: Bonnie was assigned the job of going inside and casing the office.

    BONNIE RAINES: I was to call the office and make an appointment as a Swarthmore student doing research on opportunities for women in the FBI. So they gave me an appointment. I tried to disguise myself as best I could, and I went to say goodbye, and I acted confused about where the door was, and that gave me a chance then to check out both rooms and know where the file cabinets were.

    NARRATOR: Bonnie discovered there was no alarm system and no security guards. She also found a second door leading inside.

    JOHN RAINES: When she came back with that news, we became convinced, yes, I think we can get this done. We had more to lose than anybody else in the group, because we had these kids.

    BONNIE RAINES: We faced the reality of, if we were arrested and on trial, we would be in prison for very many years. He had to make some plans for that.

    NARRATOR: With a solid understanding of how they would conduct the break-in, they now needed to figure out when.

    JOHN RAINES: March 8th, 1971, Frazier and Ali were fighting for the championship of the world. And we had the feeling that maybe the cops might be a little bit distracted.

    NARRATOR: While the crew waited at a nearby hotel, Forsyth arrived at the office alone.

    KEITH FORSYTH: Pull up, walk up to the door, and one of the locks is a cylinder tumbler lock, not a pin tumbler lock. And I just about had a heart attack. Bottom line is, I could not pick that lock.

    NARRATOR: They almost called it off. But that second door that Bonnie noticed gave them another chance.

    KEITH FORSYTH: At that point, you know that you’re going to have to wing it. Knelt down on the floor, picked the lock in like 20 seconds. There was a deadbolt on the other side. I had a pry bar with me, a short crowbar. I put the bar in there and yanked that sucker. At one point, I heard a noise inside the office. And I’m like, “Are they in there waiting for me?” Basically said to myself, “There’s only one way to find out: I’m going in.”

    NARRATOR: Next, the inside crew walked into an empty office wearing business suits and carrying several suitcases. They cleaned out file cabinets and then made their way downstairs to the getaway car and drove off unnoticed. The group reconvened at a farmhouse an hour’s drive away and started unpacking.

    KEITH FORSYTH: We were like, “Oh, man, I can’t believe this worked.” We knew there was going to be some gold in there somewhere.

    JOHN RAINES: Each of the eight of us were sorting files, and all of a sudden you’d hear one of them, “Oh, look! Look at this one! Look!”

    NARRATOR: After several long nights digging for documents that looked the most revealing, the burglars sent copies to journalists, including Washington Post reporter Betty Medsger.

    BETTY MEDSGER: And the cover letter was from the Citizens’ Commission to Investigate the FBI, and the first file that I read was about a group of FBI agents who were told to enhance the paranoia in the antiwar movement and to create an atmosphere that there’s an FBI agent behind every mailbox.

    NARRATOR: Attorney General John Mitchell asked the Post not to write about the stolen documents, saying it could endanger lives.

    BETTY MEDSGER: The attorney general called two key editors and tried to convince them not to publish.

    NARRATOR: But the Post did publish the story, on the front page. It was the first of several reports and told how agents turned local police, letter carriers and switchboard operators into informants.

    BETTY MEDSGER: There were very strong editorials calling for an investigation of the FBI.

    NARRATOR: Another stolen document would prove even more explosive: a routing slip marked with a mysterious word, “COINTELPRO.” While reporters tried to uncover its meaning, the FBI was desperate to find the burglars. The bureau put nearly 200 agents on the investigation. Hoover’s best lead was the college girl who had visited their office.

    BONNIE RAINES: His command was “Find me that woman!”

    NARRATOR: Agents actively searched for Bonnie, but there were many antiwar activists who fit her description.

    JOHN RAINES: We could hide within, you know, thousands of people. There were so many of us who were active.

    NARRATOR: Two years later, NBC reporter Carl Stern figured out the meaning of that word, COINTELPRO.

    JOHN CHANCELLOR: Secret FBI memos made public today show that the late J. Edgar Hoover ordered a nationwide campaign to disrupt the activities of the New Left without telling any of his superiors about it.

    CARL STERN: Many of the techniques were clearly illegal. Burglaries, forged blackmail letters and threats of violence were used.

    NARRATOR: The FBI initially defended its actions.

    CLARENCE KELLEY: The government would have been derelict in its duty, had it not taken measures to protect the fabric of our society.

    NARRATOR: But the bureau’s techniques were worse and the targets more far-reaching than the burglars ever imagined.

    DAVID BRINKLEY: Diplomats, government employees, sports figures, socially prominent persons, senators and congressmen.

    WALTER CRONKITE: The FBI at one time sought to blackmail the late Martin Luther King into committing suicide.

    UNIDENTIFIED: Marriages were destroyed. Violence was encouraged. Many Americans were tapped and bugged, had their mail opened by the CIA and the FBI, and their tax returns used illegally.

    AMY GOODMAN: An extended excerpt from Stealing J. Edgar Hoover’s Secrets, a short film produced by Retro Report for The New York Times. To watch the full video, visit RetroReport.org.

    When we come back, three of the activists join us in studio—Keith Forsyth, Bonnie and John Raines—as well as the former Washington Post reporter Betty Medsger, who first broke the story of the stolen FBI documents in 1971. This week, she revealed the identities of the burglars in her new book, The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI. We’ll go back in time and talk about today, as well. This is Democracy Now! Back in a moment.

    [break]

    NERMEEN SHAIKH: Joining us now in our studio are three of the activists who broke into the FBI office in Media, Pennsylvania, on March 8th, 1971. The break-in led to revelations about the FBI’s secret COINTELPRO program that targeted activists across the country.

    None of the burglars were ever caught. On Tuesday, their identities were revealed for the very first time. Keith Forsyth, Bonnie Raines and John Raines all lived in Philadelphia in 1971. Forsyth was working as a cab driver. He was chosen to pick the lock at the FBI office. Bonnie and John Raines hosted many of the planning meetings for the burglary at their home, where they were raising three children. Bonnie, who worked as a daycare director, helped case the FBI office by posing as a college student interested in becoming an FBI agent. John Raines was a veteran of the Freedom Rides movement and a professor at Temple University. He used a Xerox machine at the school to photocopy many of the stolen documents.

    AMY GOODMAN: We’re also joined by Betty Medsger, author of the new book, The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI. Medsger first reported on the stolen documents while working at The Washington Post. She uncovered the identities of most of the burglars in her new book.

    And we welcome you all to Democracy Now! Keith, I want to begin with you. Talk about the time and how you ended up going into the FBI office. What spurred you on?

    KEITH FORSYTH: So, at that time, we had just, within a few years, gone through the sort of peak of the civil rights movement, and many of the laws, like the Voting Rights Act, had been passed some years before, but the reality of racial justice was still far from complete. There were—the war in Vietnam was raging at that point in time. And so, there were many, many people who were working for change in those areas, in particular.

    My main focus at that time was the antiwar movement. I was, you know, spending as much time as I could with organizing against the war, but I had become very frustrated with legal protest—didn’t seem to be getting us anywhere. The government wasn’t listening. The war was escalating and not de-escalating. And I think what really pushed me over the edge was, shortly after the invasion of Cambodia, there were four students killed at Kent State and two more killed at—at Jackson State. And—I’m sorry, I’d think I’d have this down after all these years. And that really pushed me over the edge, that it was time to do more than just—than just protest and just march with a sign. And I joined the so-called Catholic Left, which is where I met John and Bonnie and also Bill Davidon. And from there, the next step was the Media action.

    NERMEEN SHAIKH: Keith, could you also talk about how you were invited to join this plan to break into—by William Davidon?

    KEITH FORSYTH: If memory serves, he called me on the phone and asked—

    AMY GOODMAN: And explain who William Davidon was.

    KEITH FORSYTH: Oh, I’m sorry. Bill Davidon, at that time, was a professor of physics at Haverford College, and I knew him mainly as a fellow activist in the peace movement. He was very prominent in Philadelphia in both the legal and the illegal peace movements. And he called me on the phone one day and asked me if I wanted to come to a party, which was code for an action. And I believe I said, “Sure, I’m always up for a party.” You can check the FBI transcript, because they were tapping his phone at the time. And so, we met at an outdoor location, where we couldn’t be bugged, and he presented the idea to me then.

    AMY GOODMAN: And, Bonnie Raines, talk about your involvement. What motivated you? You were a young mother of three.

    BONNIE RAINES: Mm-hmm.

    AMY GOODMAN: How old were your children?

    BONNIE RAINES: They were eight, six and two at that time. We’ve since had a fourth child. I became involved, as Keith said, beginning with the civil rights movement and when we lived in New York and were students. Then we moved to Philadelphia, very much opposed to the war in Vietnam, and found a whole community of activists in Philadelphia. We became acquainted with the—what was called the Catholic Left at that time. And the Berrigan brothers, Bill and Dan, were the leaders in that. And we participated with that group, called the East Coast Conspiracy to Save Lives, in a draft board raid. We went into a draft board in the middle of the night as part of the draft resistance movement.

    AMY GOODMAN: Where was that?

    BONNIE RAINES: In North Philadelphia, a draft board in North Philadelphia. We targeted that draft board because it was in one of the poorest sections of the city, where they were bringing many, many, many young, poor young men into the armed forces to be sent as cannon fodder to Vietnam. Our government was lying to us about the casualties, both civilian and military casualties. So I participated, along with John, in going into a draft board and removing files and destroying those files so those young men could not be drafted.

    AMY GOODMAN: And you mentioned the Berrigan brothers, the priests.

    BONNIE RAINES: Yes, yes.

    AMY GOODMAN: Phil, the late Phil Berrigan—

    BONNIE RAINES: Mm-hmm.

    AMY GOODMAN: —and Father Dan Berrigan—

    BONNIE RAINES: Yes.

    AMY GOODMAN: —who’s still alive. Catonsville, how significant in 1969 was this for you? I wanted to go to a clip right now—

    BONNIE RAINES: Mm-hmm.

    AMY GOODMAN: —of the Catonsville action. That was Catonsville, Maryland, where a group of activists, led by Fathers Dan and Phil Berrigan, burned draft cards with napalm. They stole hundreds of draft records and torched them. They were sentenced to three years in prison, their action helping ignite a wave of direct actions against the draft in the Vietnam War.

    FATHER DANIEL BERRIGAN: We do not believe that nonviolence is dead, and that we don’t believe in interposing one form of violence for another, and that we believe that an action like this will still speak to our fellow Americans and bring home to them that a decent society is still possible, but it’s totally impossible if these files, and what they represent, are preserved and honored, and even defended, as those poor women tried to.

    AMY GOODMAN: That was Father Dan Berrigan, as they stood around in a circle and burned, with napalm—napalm being used in Vietnam—draft records.

    BONNIE RAINES: Yes, mm-hmm. That was a very dramatic moment for all of us, I believe. It took civil disobedience to another level and really brought us, clearly, to another level of protest against the war in Vietnam. And we followed their lead in targeting the draft as one of the real evil systems of that war. And that’s how we became involved in covert actions with draft boards in Philadelphia.

    NERMEEN SHAIKH: And, John Raines, can you talk about your sense that the antiwar movement itself had been infiltrated by FBI informants?

    JOHN RAINES: Oh, sure. I mean, that was obvious, for any of us who were involved in the civil rights movement, because it happened in the civil rights movement. J. Edgar Hoover’s FBI was all over the civil rights movement with infiltrators and surveillance, intense surveillance, and people that would report back on meetings and so on. And, of course, we’d all know that J. Edgar Hoover and his FBI went after Martin Luther King, tried to discredit him—indeed, even sent him a note suggesting that because of his activities with other women besides his wife, he now had no option but to commit suicide. That note was sent to Dr. King, suggesting—and it was from the FBI, suggesting that Dr. King commit suicide. So that we knew, from the civil rights actions, that J. Edgar Hoover and his FBI were very much against anything that promised significant social change. We brought that information, that knowledge, north with us when we came to the antiwar movement. And it became clear that the tactics he used to disrupt and destroy—try to destroy the protest movement in the South, he was using once again against the protesters against the war in Vietnam.

    The problem was, J. Edgar Hoover was untouchable. He was a national icon. I mean, he had presidents who were afraid of him. The people that we elected to oversee J. Edgar Hoover’s FBI were either enamored of him or terrified of him. Nobody was holding him accountable. And that meant that somebody had to get objective evidence of what his FBI was doing. And that led us to the idea that Bill Davidon suggested to us: Let’s break into an FBI office, get their files and get what they’re doing in their own handwriting.

    AMY GOODMAN: You and Bill Davidon were professors.

    JOHN RAINES: Yes.

    AMY GOODMAN: He a professor at Haverford, you a professor at Temple University.

    JOHN RAINES: Yes.

    AMY GOODMAN: What did you feel about the risk that you were taking? Were you concerned about getting caught?

    JOHN RAINES: Well, Bonnie and I were parents, and we had three kids under 10, and that was a very serious consideration. We had to be persuaded that we could get away with this. And we had learned nice burglar skills from priests and nuns. And we had cased the FBI office in Media very carefully.

    AMY GOODMAN: You had thought about Philadelphia, but thought it was too secure?

    JOHN RAINES: Oh, yes, it was a big building downtown, as—you couldn’t touch that. But Media, you could. And we felt quite confident that if we could get in there and get out without leaving any physical evidence behind, that we could then disappear into the very, very large antiwar movement, thousands of people in the Philadelphia area.

    AMY GOODMAN: You had prepared, in case you were caught, to have your children taken care of?

    BONNIE RAINES: We had. We had. We knew the risks. We knew the jeopardy. We weren’t going to be reckless. We weren’t going to move ahead with our involvement except with the leadership of Bill Davidon, who we all had so much admiration and respect for. But we did feel that it was necessary to speak to John’s older brother and his wife and to my mother and father about caring for our children if—should the worst happen and we would be convicted and sent to federal prison.

    AMY GOODMAN: Keith Forsyth, you chose the night of the Muhammad Ali-Joe Frazier fight—

    KEITH FORSYTH: Mm-hmm.

    AMY GOODMAN: —to break in. Why? Why was this so significant, March 8th, 1971?

    KEITH FORSYTH: Well, it was just—you know, there were many steps that we took to try to avoid getting caught, and this was one of them, because whoever suggested it—and I have no idea who it was—thought that it would add to the distraction, not only of the police, but of just people in general. The building in which the office was located had a live-in supervisor, and his apartment was directly below the FBI office. So, he was going to be on the next floor down while we were inside walking around opening cabinets. So, anything that could keep his mind off of the ambient sounds sounded like a good idea.

    NERMEEN SHAIKH: How did you know that you would find what documents you would find, or did you know?

    KEITH FORSYTH: We didn’t know. We were—we were pretty sure. You know, bureaucracies are the same everywhere. They love to keep records. But we really—we were taking a shot. So, in that sense, we got lucky that they did keep records.

    AMY GOODMAN: This brings Betty Medsger into the story, whose book this week, The Burglary, reveals the identities of the activists involved in this burglary. Looks like J. Edgar Hoover found his match in this group of people. Talk about receiving in the mail the documents. You were a reporter at the time for The Washington Post.

    BETTY MEDSGER: OK. I’d just like to say something about Bill Davidon, if I might, first, that the idea was Bill’s. And Bill participated in preparations for the book and the documentary that’s been made, 1971. And we should note that we’re all very sorry that Bill’s not with us. Bill died in November. But he was sort of a genius in coming up with this idea, because although many people in the various movements at that time thought that there was—there were FBI informers in their organizations, there was no evidence of that, and the public didn’t know. And Bill had this deep commitment that if the public could be presented with evidence, they would be very upset. Even though there—Hoover was an iconic figure, that if they knew that there was massive surveillance of the—political surveillance, that they would care and do something. And that’s what happened.

    I was a reporter. And one day this envelope appeared in my mailbox. And it said it was from Liberty Publications—that was the return address—Media, Pennsylvania. That didn’t mean anything to me. But when I opened it, there was a cover letter, said it was from Citizens’ Commission to Investigate the FBI. That was a new organization to me. And there was—the letter explained that a group of eight people had burglarized an FBI office on the night of March 8th, and that enclosed were some of the files that they had removed from the office.

    And some of those files were very shocking. I think the one—and you showed the excerpt from this on the Retro Report—the first shock—and this also resonated very much with the public when it was published and discussed—was the one that instructed agents to enhance the paranoia and then also make people think that there’s an FBI agent behind every mailbox. And that was a pretty stunning statement and said so much. And the burglars were—themselves, were shocked, I understand, when they found that the first—saw that document the first night after the burglary. So that stunned me.

    And I guess the other files—there were many about individuals, and they were all serious, but the—one of the things that I remember most from those files was the truly blanket surveillance of African-American people that was described. It was in Philadelphia, but it also prescribed national programs. And it was quite stunning. First, it described the surveillance. It took place in every place where people would gather—churches, classrooms, stores down the street, just everything. But it also specifically prescribed that every FBI agent was supposed to have an informer, just for the purpose of coming back every two weeks and talking to them about what they had observed about black Americans. And in Washington, D.C., at the time, that was six informers for every FBI agent informing on black Americans. The surveillance was so enormous that it led various people, rather sedate people in editorial offices and in Congress, to compare it to the Stasi, the dreaded secret police of East Germany.

    NERMEEN SHAIKH: Could you talk about how the editors at The Washington Post responded when you showed them these documents?

    BETTY MEDSGER: The editors responded very positively to them. I should point out that—two things. First, this was the first time that a journalist had ever received secret government documents from a source who had—from the outside, an outside source who had stolen the documents. So that tended to pose a different kind of consideration as to what you would do—in their minds, as to what you’d do with the documents. But it was a particularly tough decision for Katharine Graham, who until this time had never faced anything like this.

    AMY GOODMAN: The publisher.

    BETTY MEDSGER: The publisher, Katharine Graham, the publisher of The Washington Post, because it was the first time that she had been faced with a demand from the Nixon administration that she suppress a story. And she did not want to publish. And the in-house counsel, the lawyers, also did not want to publish. But two editors, from the beginning, realized it was a very important story and pushed it—Ben Bradlee and Ben Bagdikian. I was just back there innocently writing my story, talking—I had been a reporter in Philadelphia and was talking to sources from the past, confirming information. Didn’t know until 6:00 that there was a question as to whether or not they would publish. By 10:00 that night, she decided to publish.

    AMY GOODMAN: And talk about the reaction, and the reporters who did not get to publish the story, because you weren’t the only person that these activists sent the documents to.

    BETTY MEDSGER: They sent them to five people. These are the first files that they released. They sent them to Senator George McGovern and Representative Parren Mitchell from Baltimore. And they immediately returned the files to the FBI when they received them and didn’t make them public. They sent them to three journalists. In addition to sending them to me, they sent them to Jack Nelson at the Washington Bureau of the Los Angeles Times —

    AMY GOODMAN: The great crusading reporter who wrote Terror in the Night about the Klan in the South.

    BETTY MEDSGER: Right, and Tom Wicker, columnist then at The New York Times. Now, it’s also important to keep in mind, in addition to the fact that we didn’t really know—the public didn’t know what was happening inside the FBI, that very few journalists ever wrote investigative work or critical comment about the FBI. And Jack Nelson and Tom Wicker were two of about three or four who had, up until that point. At the L.A. Times, Jack never received the envelope, even though it was addressed to him, and it was delivered to the FBI immediately. I didn’t know this until years later, when I read the investigative report on the FBI’s investigation. It’s a little less clear what happened at the Times as to whether Tom Wicker received, and what they did do was the same thing: They immediately gave the files to the FBI. And—but they apparently kept them and copied them, unlike the L.A. Times, because the day after we broke the story, then they wrote stories on the same files.

    AMY GOODMAN: Keith, before we go to break, can you talk about parallels to today? It is hard to look at—and for a moment, I want to turn to the Church Committee hearings that took place a few years later. Senator Frank Church of Idaho led this investigation. The Senate’s Church Committee investigated the CIA and FBI’s misuse of power at home and abroad. The multi-year investigation in the mid-’70s followed the exposure of COINTELPRO, which stands for Counterintelligence Program—and it was the first time people had seen that word, was in the documents you released—examining the FBI and CIA’s efforts to infiltrate and disrupt leftist organizations, the CIA’s attempts to assassinate foreign leaders, and much more. This is Senator Frank Church speaking during one of the committee’s hearings.

    SEN. FRANK CHURCH: We have seen today the dark side of those activities, where many Americans, who were not even suspected of crime, were not only spied upon, but they were harassed, they were discredited, and, at times, endangered.

    AMY GOODMAN: That was Senator Frank Church. The Church Committee hearings led to major changes in what the FBI could do, and also dealing with the press, as well. You listen to Frank Church, you could be hearing possible hearings today, though they haven’t started, to do with Edward Snowden.

    KEITH FORSYTH: Right.

    AMY GOODMAN: What are your thoughts on Edward Snowden today?

    KEITH FORSYTH: I think there are some parallels. It’s not an exact parallel. But, to me, one of the most significant ones is that not long before Edward Snowden released these documents, James Clapper went in front of Congress and the American public and was asked a direct question whether the NSA was engaged in this kind of surveillance, and he said no, which was obviously a lie. And I think if he had said, “Oh, we can’t talk about that because that’s national security,” I might have had some respect for that answer. But to come out and lie to the public about it—and, of course, not suffer any punishment as a result—so, to me, Edward Snowden—I’ve seen no evidence, personally, that Edward Snowden has released anything that was actually harmful to our national security. You know, certainly has been embarrassing, but, to me, the young man is definitely a whistleblower and has performed a great service by enabling us to have the conversation. You know, we couldn’t—we couldn’t have the conversation about whether this is right or wrong before, because we were not told about it. So he’s made that conversation possible, and I think—I think we owe him something, a debt for that.

    AMY GOODMAN: We’re going to break and come back to this conversation. Our guests are Keith Forsyth and Bonnie and John Raines. They were part of the—what they called themselves, the Citizens’ Commission to Investigate the FBI, activists during the Vietnam War era who broke into an FBI office in Media, Pennsylvania, and took the documents they got and sent them to The Washington Post and other publications to let people know what the FBI was doing. We’re also joined by the woman who has revealed the names of these activists—and we’ll talk about why they decided to come forward—Betty Medsger, former Washington Post reporter, author of The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI. Stay with us.

    [break]

    AMY GOODMAN: This is Democracy Now!, democracynow.org, The War and Peace Report. I’m Amy Goodman, with Nermeen Shaikh, as we continue our discussion looking at how activists broke into an FBI office in Media, Pennsylvania, in 1971 and disclosed secrets about the FBI’s COINTELPRO program—that’s Counterintelligence Program—first came to public attention with the release of these documents. We are joined, as well as Bonnie and John Raines, who were among those who broke into the FBI office that day, March 8th, 1971, by the reporter who broke the story then and now, released the names of those involved with this break-in, Betty Medsger. She wrote The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI. We’re also joined by David Kairys, who has represented this group until this day for what, more than 40 years?

    DAVID KAIRYS: Forty-three years.

    AMY GOODMAN: Forty-three years. But, John Raines, why have you decided to come forward 43 years—what, 42 years later?

    JOHN RAINES: Well, the simple answer is: A book came out. And, of course, that’s not accidental. We decided years ago that we would trust Betty with this story. And she’s done a wonderful job, spending years of research writing a very substantial book. It tells a very interesting story.

    We decided that it was time to, once again, come forward with the question of government surveillance, government intimidation, and the right of citizens to vocally dissent. I think that the gasoline of democracy is the right to dissent, because wherever there’s power, wherever there’s privilege, power and privilege are going to try to remove, insofar as they can, from public discourse anything they want to do. That leaves the citizens’ right to dissent as the last line of defense for freedom. Now, that’s what we were faced with back in 1970s. I think that’s what we’re faced with once again today. It should not surprise us. I mean, it should not surprise us that those in power in Washington want to make the decisions that really count off stage, out of sight from the rest of us. But democracy depends upon the rights of citizens to have the information they need in order for them, the citizens—who are the sovereigns—for them to decide what the government should be doing and should not be doing. They must have that information so that they can make up their minds.

    AMY GOODMAN: Explain that moment that night when Betty Medsger came over and you revealed who you were. What year was it?

    JOHN RAINES: I think that was in 1988. We had known Betty when she was a reporter there in Philadelphia.

    AMY GOODMAN: That was more than 20 years ago.

    JOHN RAINES: Oh, more than 20 was ago. And Betty was then living in San Francisco, but she was on a trip to the East Coast. And we invited her for supper, and Betty was nice enough to say, “Sure, I’ll come.” And I think it was—we had had supper, and finally, our youngest daughter, Mary, came down. She was, I think, 12 or 13, something like that. And without thinking about it, I just said, “Mary, come on in. We want you to meet Betty Medsger, because she was the one that we sent those FBI files to.” And Betty’s chin dropped down to her chest, and it was out of the bag. That’s how it started.

    NERMEEN SHAIKH: David Kairys, as the attorney who has worked on this case for so long, could you talk about the significance of the statute of limitations on the case, as well as what you saw as the illegality—what was indeed the illegality of what these documents exposed about what the FBI was doing?

    DAVID KAIRYS: Well, sure. The statute of limitations, by any fair reading, is five years. The FBI themselves closed the file in 1976, because five years had elapsed and there was no charges. Excuse me. There are arguments one can make, but there’s really no legitimate or good-faith basis to bring any legal—any legal charges at this point.

    As for the illegality of the FBI, they’re supposed to enforce the law. Here they are interposing themselves as almost a political counterforce to stop certain movements. And it had a direction to it: They were stopping left-liberal movements. And they were using techniques that we usually associate with state police in countries and systems that we usually think of as alien.

    NERMEEN SHAIKH: And how did you come to become involved in the case?

    DAVID KAIRYS: Well, I was regularly doing civil rights work, and I was—I would represent demonstrators of all kinds. And so, two of them checked with me before, what’s my home number. And they—Keith kids me that he’s still got my phone number from back then on his arm. And so, that was the beginning. I didn’t know then exactly what they were going to do, but then two of them got arrested in the Camden 28 case, where I was lead counsel.

    AMY GOODMAN: And, in fact, remarkably, five days before this break-in, Bill Davidon met with Henry Kissinger at the White House, the national security adviser for Richard Nixon.

    DAVID KAIRYS: Yeah.

    AMY GOODMAN: We don’t have time for the story, but we’re going to talk about it in our post-show interview, and we’ll post it online at democracynow.org. How was this secret kept for so many decades? It’s not just the two of you, John and Bonnie Raines; there were nine of you. One person dropped out. There were eight of you. This is decades later. How did you keep this secret?

    BONNIE RAINES: Well, we—

    AMY GOODMAN: A hundred FBI agents looking for you. And, Bonnie, you had gone into the FBI office in Media to case it out and pretend you were a young woman looking for an FBI job and sat with the official there.

    BONNIE RAINES: Mm-hmm, and did not know, following that, that there was a sketch that was then circulated of me by the FBI. It was—we knew—

    AMY GOODMAN: We have 30 seconds.

    BONNIE RAINES: We knew that we had to pull the curtain down, not meet after we did our work, and just not talk about it with anybody at all, because our work was done at that point, and we were not looking for anything more than for the general public and Congress to follow suit in a way that we hoped they would.

    AMY GOODMAN: Do you feel it accomplished what you wanted?

    BONNIE RAINES: I think, in certain ways. In certain ways, it did. We were encouraged when there was a Church Committee that was—that was taking their task seriously, and there were reforms that did take place.

    AMY GOODMAN: I want to thank you so much for all being with us, and also thank Johanna Hamilton. Her film, 1971, on the same subject, is just coming out. We’ll be interviewing her. The book is The Burglary. Thanks so much, all, for joining us.

    Find this story at 8 January 2014

    The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

    Former FBI agent missing in Iran photographed in Guantánamo jumpsuit (January 2013)

    The family of retired FBI agent Robert Levinson, who went missing in Iran in 2007, have released pictures of him dressed in an orange jumpsuit like a Guantánamo Bay prisoner, as they continue to hold hope that he is still alive.
    The five photographs were taken in April 2011, just months after the family also received a video that was emailed anonymously.
    Mr Levinson, a private investigator, disappeared in 2007 on the Iranian island of Kish. The Iranian government has repeatedly denied knowing anything about his disappearance.
    However, the consensus among US officials involved in the case is that despite years of denials, Iran’s intelligence service was almost certainly behind the 54-second video and five photographs.
    An expert on Russian organised crime, Mr Levinson, who would now be 64, retired from the FBI in 1998 and became a private investigator. He was investigating cigarette smuggling in early 2007, and his family has said that took him to the Iranian island of Kish, where he was last seen.Kish is a popular resort area and a hotbed of smuggling and organised crime. It is also a free-trade zone, meaning US citizens do not need visas to travel there.
    Mr Levinson’s wife, Christine, decided to release the images because she felt her husband’s disappearance was not getting the attention it deserves from the US government.
    “There isn’t any pressure on Iran to resolve this,” she said. “It’s been much too long.”
    She said that because her husband disappeared in Iran, she believes he is still being held there.
    “It needs to come front and centre again,” she told The Associated Press. “There needs to be a lot more public outcry.”
    She said she has met with Barack Obama and John Brennan, the president’s nominee to head the CIA. She said that both men had pledged to do everything they could to free her husband. Now, nearly six years after his disappearance, she thinks Iran is being let off the hook.
    “He’s a good man,” she said. “He just doesn’t deserve this.”
    FBI spokeswoman Jacqueline Maguire said: “As we near the sixth anniversary of his disappearance, the FBI remains committed to bringing Bob home safely to his family.”
    By Barney Henderson
    8:44PM GMT 08 Jan 2013
    Find this story at 8 January 2013
    © Copyright of Telegraph Media Group Limited 2013

    WikiLeaks: Vanished FBI officer Robert Levinson ‘held by Iranian Revolutionary Guards’ (February 2011)

    A former FBI officer who disappeared in mysterious circumstances in Iran four years ago has been held by the country’s Revolutionary Guard, the cables suggest.
    Robert Levinson vanished in 2007 while working as a private investigator on Kish Island, a popular tourist resort in the Persian Gulf. Since then the Tehran regime has rebuffed all efforts from his family to discover his fate, insisting it has no information.
    But testimony from a political prisoner who managed to flee the country casts doubt on the official Iranian line and indicates that Mr Levinson may have spent time in one of the Revolutionary Guard’s notorious secret jails.
    The informant, who was detained in August 2009 amid the civil unrest sparked by the country’s disputed presidential elections, claims that he saw the words “B. LEVINSON” written on the frame of his cell, beneath three lines of English which he assumed to be a “plea for help”.
    The American diplomat who interviewed the source two months later wrote to Washington: “He said that at the time he did not know who Levinson was and only after his release did he use the search engine Google to find that Levinson was a missing American citizen.”
    While unable to provide information on the American’s current whereabouts, the prisoner painted a bleak picture of conditions in the Tehran jail, which he described as having a “smell of blood”.
    During his four-day ordeal, the source claims that guards burned him with cigarettes and subjected him to sexual assaults.
    The US is generally sceptical of information supplied by untested sources, wary of those who concoct false intelligence in the hope of financial reward or assistance with asylum applications.
    But the diplomat who interviewed the source noted that he “asked us for no favours” and gave no indication of dishonest motives.
    Mr Levinson, who would now be 62, was reportedly investigating a cigarette-smuggling ring when he disappeared in March 2007. The US has always denied he was still working for the FBI.
    By Matthew Moore
    6:30AM GMT 03 Feb 2011
    Find this story at 3 February 2011
    © Copyright of Telegraph Media Group Limited 2013

    Meet the Spies Doing the NSA’s Dirty Work; This obscure FBI unit does the domestic surveillance that no other intelligence agency can touch.

    With every fresh leak, the world learns more about the U.S. National Security Agency’s massive and controversial surveillance apparatus. Lost in the commotion has been the story of the NSA’s indispensable partner in its global spying operations: an obscure, clandestine unit of the Federal Bureau of Investigation that, even for a surveillance agency, keeps a low profile.
    When the media and members of Congress say the NSA spies on Americans, what they really mean is that the FBI helps the NSA do it, providing a technical and legal infrastructure that permits the NSA, which by law collects foreign intelligence, to operate on U.S. soil. It’s the FBI, a domestic U.S. law enforcement agency, that collects digital information from at least nine American technology companies as part of the NSA’s Prism system. It was the FBI that petitioned the Foreign Intelligence Surveillance Court to order Verizon Business Network Services, one of the United States’ biggest telecom carriers for corporations, to hand over the call records of millions of its customers to the NSA.
    But the FBI is no mere errand boy for the United States’ biggest intelligence agency. It carries out its own signals intelligence operations and is trying to collect huge amounts of email and Internet data from U.S. companies — an operation that the NSA once conducted, was reprimanded for, and says it abandoned.
    The heart of the FBI’s signals intelligence activities is an obscure organization called the Data Intercept Technology Unit, or DITU (pronounced DEE-too). The handful of news articles that mentioned it prior to revelations of NSA surveillance this summer did so mostly in passing. It has barely been discussed in congressional testimony. An NSA PowerPoint presentation given to journalists by former NSA contractor Edward Snowden hints at DITU’s pivotal role in the NSA’s Prism system — it appears as a nondescript box on a flowchart showing how the NSA “task[s]” information to be collected, which is then gathered and delivered by the DITU.
    But interviews with current and former law enforcement officials, as well as technology industry representatives, reveal that the unit is the FBI’s equivalent of the National Security Agency and the primary liaison between the spy agency and many of America’s most important technology companies, including Google, Facebook, YouTube, and Apple.
    The DITU is located in a sprawling compound at Marine Corps Base Quantico in Virginia, home of the FBI’s training academy and the bureau’s Operational Technology Division, which runs all the FBI’s technical intelligence collection, processing, and reporting. Its motto: “Vigilance Through Technology.” The DITU is responsible for intercepting telephone calls and emails of terrorists and foreign intelligence targets inside the United States. According to a senior Justice Department official, the NSA could not do its job without the DITU’s help. The unit works closely with the “big three” U.S. telecommunications companies — AT&T, Verizon, and Sprint — to ensure its ability to intercept the telephone and Internet communications of its domestic targets, as well as the NSA’s ability to intercept electronic communications transiting through the United States on fiber-optic cables.
    For Prism, the DITU maintains the surveillance equipment that captures what the NSA wants from U.S. technology companies, including archived emails, chat-room sessions, social media posts, and Internet phone calls. The unit then transmits that information to the NSA, where it’s routed into other parts of the agency for analysis and used in reports.
    After Prism was disclosed in the Washington Post and the Guardian, some technology company executives claimed they knew nothing about a collection program run by the NSA. And that may have been true. The companies would likely have interacted only with officials from the DITU and others in the FBI and the Justice Department, said sources who have worked with the unit to implement surveillance orders.
    “The DITU is the main interface with providers on the national security side,” said a technology industry representative who has worked with the unit on many occasions. It ensures that phone companies as well as Internet service and email providers are complying with surveillance law and delivering the information that the government has demanded and in the format that it wants. And if companies aren’t complying or are experiencing technical difficulties, they can expect a visit from the DITU’s technical experts to address the problem.
    * * *
    Recently, the DITU has helped construct data-filtering software that the FBI wants telecom carriers and Internet service providers to install on their networks so that the government can collect large volumes of data about emails and Internet traffic.
    The software, known as a port reader, makes copies of emails as they flow through a network. Then, in practically an instant, the port reader dissects them, removing only the metadata that has been approved by a court.
    The FBI has built metadata collection systems before. In the late 1990s, it deployed the Carnivore system, which the DITU helped manage, to pull header information out of emails. But the FBI today is after much more than just traditional metadata — who sent a message and who received it. The FBI wants as many as 13 individual fields of information, according to the industry representative. The data include the route a message took over a network, Internet protocol addresses, and port numbers, which are used to handle different kinds of incoming and outgoing communications. Those last two pieces of information can reveal where a computer is physically located — perhaps along with its user — as well as what types of applications and operating system it’s running. That information could be useful for government hackers who want to install spyware on a suspect’s computer — a secret task that the DITU also helps carry out.
    The DITU devised the port reader after law enforcement officials complained that they weren’t getting enough information from emails and Internet traffic. The FBI has argued that under the Patriot Act, it has the authority to capture metadata and doesn’t need a warrant to get them. Some federal prosecutors have gone to court to compel port reader adoption, the industry representative said. If a company failed to comply with a court order, it could be held in contempt.
    The FBI’s pursuit of Internet metadata bears striking similarities to the NSA’s efforts to obtain the same information. After the 9/11 terrorist attacks, the agency began collecting the information under a secret order signed by President George W. Bush. Documents that were declassified Nov. 18 by Barack Obama’s administration show that the agency ran afoul of the Foreign Intelligence Surveillance Court after it discovered that the NSA was collecting more metadata than the court had allowed. The NSA abandoned the Internet metadata collection program in 2011, according to administration officials.
    But the FBI has been moving ahead with its own efforts, collecting more metadata than it has in the past. It’s not clear how many companies have installed the port reader, but at least two firms are pushing back, arguing that because it captures an entire email, including content, the government needs a warrant to get the information. The government counters that the emails are only copied for a fraction of a second and that no content is passed along to the government, only metadata. The port reader is designed also to collect information about the size of communications packets and traffic flows, which can help analysts better understand how communications are moving on a network. It’s unclear whether this data is considered metadata or content; it appears to fall within a legal gray zone, experts said.
    * * *
    The DITU also runs a bespoke surveillance service, devising or building technology capable of intercepting information when the companies can’t do it themselves. In the early days of social media, when companies like LinkedIn and Facebook were starting out, the unit worked with companies on a technical solution for capturing information about a specific target without also capturing information related to other people to whom the target was connected, such as comments on posts, shared photographs, and personal data from other people’s profiles, according to a technology expert who was involved in the negotiations.
    The technicians and engineers who work at the DITU have to stay up to date on the latest trends and developments in technology so that the government doesn’t find itself unable to tap into a new system. Many DITU employees used to work for the telecom companies that have to implement government surveillance orders, according to the industry representative. “There are a lot of people with inside knowledge about how telecommunications work. It’s probably more intellectual property than the carriers are comfortable with the FBI knowing.”
    The DITU has also intervened to ensure that the government maintains uninterrupted access to the latest commercial technology. According to the Guardian, the unit worked with Microsoft to “understand” potential obstacles to surveillance in a new feature of Outlook.com that let users create email aliases. At the time, the NSA wanted to make sure that it could circumvent Microsoft’s encryption and maintain access to Outlook messages. In a statement to the Guardian, Microsoft said, “When we upgrade or update products we aren’t absolved from the need to comply with existing or future lawful demands.” It’s the DITU’s job to help keep companies in compliance. In other instances, the unit will go to companies that manufacture surveillance software and ask them to build in particular capabilities, the industry representative said.
    The DITU falls under the FBI’s Operational Technology Division, home to agents, engineers, electronic technicians, computer forensics examiners, and analysts who “support our most significant investigations and national security operations with advanced electronic surveillance, digital forensics, technical surveillance, tactical operations, and communications capabilities,” according to the FBI’s website. Among its publicly disclosed capabilities are surveillance of “wireline, wireless, and data network communication technologies”; collection of digital evidence from computers, including audio files, video, and images; “counter-encryption” support to help break codes; and operation of what the FBI claims is “the largest fixed land mobile radio system in the U.S.”
    The Operational Technology Division also specializes in so-called black-bag jobs to install surveillance equipment, as well as computer hacking, referred to on the website as “covert entry/search capability,” which is carried out under law enforcement and intelligence warrants.
    The tech experts at Quantico are the FBI’s silent cybersleuths. “While [the division’s] work doesn’t typically make the news, the fruits of its labor are evident in the busted child pornography ring, the exposed computer hacker, the prevented bombing, the averted terrorist plot, and the prosecuted corrupt official,” according to the website.
    According to former law enforcement officials and technology industry experts, the DITU is among the most secretive and sophisticated outfits at Quantico. The FBI declined Foreign Policy’s request for an interview about the unit. But in a written statement, an FBI spokesperson said it “plays a key role in providing technical expertise, services, policy guidance, and support to the FBI and the intelligence community in collecting evidence and intelligence through the use of lawfully authorized electronic surveillance.”
    In addition to Carnivore, the DITU helped develop early FBI Internet surveillance tools with names like CoolMiner, Packeteer, and Phiple Troenix. One former law enforcement official said the DITU helped build the FBI’s Magic Lantern keystroke logging system, a device that could be implanted on a computer and clandestinely record what its user typed. The system was devised to spy on criminals who had encrypted their communications. It was part of a broader surveillance program known as Cyber Knight.
    In 2007, Wired reported that the FBI had built another piece of surveillance malware to track the source of a bomb threat against a Washington state high school. Called a “computer and Internet protocol address verifier,” it was able to collect details like IP addresses, a list of programs running on an infected computer, the operating system it was using, the last web address visited, and the logged-in user name. The malware was handled by the FBI’s Cryptologic and Electronic Analysis Unit, located next door to the DITU’s facilities at Quantico. Wired reported that information collected by the malware from its host was sent via the Internet to Quantico.
    The DITU has also deployed what the former law enforcement official described as “beacons,” which can be implanted in emails and, when opened on a target’s computer, can record the target’s IP address. The former official said the beacons were first deployed to track down kidnappers.
    * * *
    Lately, one of the DITU’s most important jobs has been to keep track of surveillance operations, particularly as part of the NSA’s Prism system, to ensure that companies are producing the information that the spy agency wants and that the government has been authorized to obtain.
    The NSA is the most frequent requester of the DITU’s services, sources said. There is a direct fiber-optic connection between Quantico and the agency’s headquarters at Fort Meade, Maryland; data can be moved there instantly. From the companies’ perspective, it doesn’t much matter where the information ends up, so long as the government shows up with a lawful order to get it.
    “The fact that either the targets are coming from the NSA or the output goes to the NSA doesn’t matter to us. We’re being compelled. We’re not going to do any more than we have to,” said one industry representative.
    But having the DITU act as a conduit provides a useful public relations benefit: Technology companies can claim — correctly — that they do not provide any information about their customers directly to the NSA, because they give it to the DITU, which in turn passes it to the NSA.
    But in the government’s response to the controversy that has erupted over government surveillance programs, FBI officials have been conspicuously absent. Robert Mueller, who stepped down as the FBI’s director in September, testified before Congress about disclosed surveillance only twice, and that was in June, before many of the NSA documents that Snowden leaked had been revealed in the media. On Nov. 14, James Comey gave his first congressional testimony as the FBI’s new director, and he was not asked about the FBI’s involvement in surveillance operations that have been attributed to the NSA. Attorney General Eric Holder has made few public comments about surveillance. (His deputy has testified several times.)
    The former law enforcement official said Holder and Mueller should have offered testimony and explained how the FBI works with the NSA. He was concerned by reports that the NSA had not been adhering to its own minimization procedures, which the Justice Department and the FBI review and vouch for when submitting requests to the Foreign Intelligence Surveillance Court.
    “Where they hadn’t done what was represented to the court, that’s unforgivable. That’s where I got sick to my stomach,” the former law enforcement official said. “The government’s position is, we go to the court, apply the law — it’s all approved. That makes for a good story until you find out what was approved wasn’t actually what was done.”
    BY SHANE HARRIS | NOVEMBER 21, 2013
    Find this story at 21 November 2013
    ©2013 The Slate Group, LLC.

    FBI Pursuing Real-Time Gmail Spying Powers as “Top Priority” for 2013

    For now, law enforcement has trouble monitoring Gmail communications in real time
    Despite the pervasiveness of law enforcement surveillance of digital communication, the FBI still has a difficult time monitoring Gmail, Google Voice, and Dropbox in real time. But that may change soon, because the bureau says it has made gaining more powers to wiretap all forms of Internet conversation and cloud storage a “top priority” this year.
    Last week, during a talk for the American Bar Association in Washington, D.C., FBI general counsel Andrew Weissmann discussed some of the pressing surveillance and national security issues facing the bureau. He gave a few updates on the FBI’s efforts to address what it calls the “going dark” problem—how the rise in popularity of email and social networks has stifled its ability to monitor communications as they are being transmitted. It’s no secret that under the Electronic Communications Privacy Act, the feds can easily obtain archive copies of emails. When it comes to spying on emails or Gchat in real time, however, it’s a different story.
    That’s because a 1994 surveillance law called the Communications Assistance for Law Enforcement Act only allows the government to force Internet providers and phone companies to install surveillance equipment within their networks. But it doesn’t cover email, cloud services, or online chat providers like Skype. Weissmann said that the FBI wants the power to mandate real-time surveillance of everything from Dropbox and online games (“the chat feature in Scrabble”) to Gmail and Google Voice. “Those communications are being used for criminal conversations,” he said.
    While it is true that CALEA can only be used to compel Internet and phone providers to build in surveillance capabilities into their networks, the feds do have some existing powers to request surveillance of other services. Authorities can use a “Title III” order under the “Wiretap Act” to ask email and online chat providers furnish the government with “technical assistance necessary to accomplish the interception.” However, the FBI claims this is not sufficient because mandating that providers help with “technical assistance” is not the same thing as forcing them to “effectuate” a wiretap. In 2011, then-FBI general counsel Valerie Caproni—Weissmann’s predecessor—stated that Title III orders did not provide the bureau with an “effective lever” to “encourage providers” to set up live surveillance quickly and efficiently. In other words, the FBI believes it doesn’t have enough power under current legislation to strong-arm companies into providing real-time wiretaps of communications.
    Because Gmail is sent between a user’s computer and Google’s servers using SSL encryption, for instance, the FBI can’t intercept it as it is flowing across networks and relies on the company to provide it with access. Google spokesman Chris Gaither hinted that it is already possible for the company to set up live surveillance under some circumstances. “CALEA doesn’t apply to Gmail but an order under the Wiretap Act may,” Gaither told me in an email. “At some point we may expand our transparency report to cover this topic in more depth, but until then I’m not able to provide additional information.”
    Either way, the FBI is not happy with the current arrangement and is on a crusade for more surveillance authority. According to Weissmann, the bureau is working with “members of intelligence community” to craft a proposal for new Internet spy powers as “a top priority this year.” Citing security concerns, he declined to reveal any specifics. “It’s a very hard thing to talk about publicly,” he said, though acknowledged that “it’s something that there should be a public debate about.”
    Ryan Gallagher is a journalist who reports from the intersection of surveillance, national security, and privacy for Slate’s Future Tense blog. He is also a Future Tense fellow at the New America Foundation.
    By Ryan Gallagher
    Find this story at 26 March 2013
    © 2013 The Slate Group, LLC.

    Is NSA Prism the New FBI Carnivore?

    From the ‘Uncle Sam is Watching’ files:
    Lots of concern and talk in the last couple of days over the Washington Post’s leaked government story on PRISM.
    The TL;dr version is that PRISM was/is an NSA operation that routes American’s private information to the NSA where it can be analyzed in the interest of national security.
    While the revelation about NSA PRISM is new – the fact that the U.S. Government has active programs to surveil the Internet for email and otherwise is not.
    Back in 2005 it was revealed that the FBI had to abandon it’s own Internet surveillance effort known as Carnivore. With Carnivore, the FBI was quite literally injesting email and Internet content en masse from the U.S .
    Officially known as the Digital Collection System 1000 (DCS-1000), Carnivore captures data traffic that flows through an Internet service provider (ISP). The system prompted a flurry of criticism from privacy advocates when it was announced in 2000 during the Clinton administration.
    At the time that Carnivore was shut down, the Electronic Privacy Information Center (EPIC) speculated that, “FBI’s need for Carnivore-like Internet surveillance tools is decreasing, likely because ISPs are providing Internet traffic information directly to the government.”
    Eight years later, it looks like EPIC was right – since it would appear based on the WaPo report that the NSA has been getting info directly from providers.
    I saw the head of the NSA, General Alexander speak at Defcon last year and he’s slotted to speak as a keynote at Black Hat this year. I wonder if he’ll actually show up now given the revelation of PRISM.
    By Sean Michael Kerner | June 06, 2013
    Find this story at 6 June 2013
    Copyright 2013 QuinStreet Inc.

    FBI retires its Carnivore (2005)

    FBI surveillance experts have put their once-controversial Carnivore Internet surveillance tool out to pasture, preferring instead to use commercial products to eavesdrop on network traffic, according to documents released Friday.
    Two reports to Congress obtained by the Washington-based Electronic Privacy Information Center under the Freedom of Information Act reveal that the FBI didn’t use Carnivore, or its rebranded version “DCS-1000,” at all during the 2002 and 2003 fiscal years. Instead, the bureau turned to unnamed commercially-available products to conduct Internet surveillance thirteen times in criminal investigations in that period.
    Carnivore became a hot topic among civil libertarians, some network operators and many lawmakers in 2000, when an ISP’s legal challenge brought the surveillance tool’s existence to light. One controversy revolved around the FBI’s legally-murky use of the device to obtain e-mail headers and other information without a wiretap warrant — an issue Congress resolved by explicitly legalizing the practice in the 2001 USA PATRIOT Act.
    Under section 216 of the act, the FBI can conduct a limited form of Internet surveillance without first visiting a judge and establishing probable cause that the target has committed a crime. In such cases the FBI is authorized to capture routing information like e-mail addresses or IP addresses, but not the contents of the communications.
    According to the released reports, the bureau used that power three times in 2002 and six times in 2003 in cases in which it brought its own Internet surveillance gear to the job. Each of those surveillance operations lasted sixty days or less, except for one investigation into alleged extortion, arson and “teaching of others how to make and use destructive devices” that ran over eight months from January 10th to August 26th, 2002.
    Other cases investigated under section 216 involved alleged mail fraud, controlled substance sales, providing material support to terrorism, and making obscene or harassing telephone calls within the District of Columbia. The surveillance targets’ names are not listed in the reports.
    In four additional cases, twice each in 2002 and 2003, the FBI obtained a full-blown Internet wiretap warrant from a judge, permitting them to capture the contents of a target’s Internet communications in real time. No more information on those cases is provided in the reports because they involved “sensitive investigations,” according to the bureau.
    The new documents only enumerate criminal investigations in which the FBI deployed a government-owned surveillance tool, not those in which an ISP used its own equipment to facilitate the spying. Cases involving foreign espionage or international terrorism are also omitted.
    Developed by a contractor, Carnivore was a customizable packet sniffer that, in conjunction with other FBI tools, could capture e-mail messages, and reconstruct Web pages exactly as a surveillance target saw them while surfing the Web. FBI agents lugged it with them to ISPs that lacked their own spying capability.
    Kevin Poulsen, SecurityFocus 2005-01-14
    Find this story at 14 January 2005
    Copyright 2010, SecurityFocus

    EarthLink Says It Refuses to Install FBI’s Carnivore Surveillance Device (2000)

    One of the nation’s largest Internet-service providers, EarthLink Inc., has refused toinstall a new Federal Bureau of Investigation electronic surveillance device on its network, saying technical adjustments required to use the device caused disruptions for customers.
    The FBI has used Carnivore, as the surveillance device is called, in a number of criminal investigations. But EarthLink is the first ISP to offer a public account of an actual experience with Carnivore. The FBI has claimed that Carnivore won’t interfere with an ISP’s operations.
    “It has the potential to hurt our network, to bring pieces of it down,” Steve Dougherty, EarthLink’s director of technology acquisition, said of Carnivore. “It could impact thousands of people.”
    While EarthLink executives said they would continue to work with authorities in criminal investigations, they vowed not to allow the FBI to install Carnivore on the company’s network. The company also has substantial privacy concerns.
    EarthLink has already voiced its concerns in court. The ISP is the plaintiff in a legal fight launched against Carnivore earlier this year with the help of attorney Robert Corn-Revere, according to people close to the case. Previously, the identity of the plaintiff in the case, which is under seal, wasn’t known. A federal magistrate ruled against EarthLink in the case early this year, forcing it to give the FBI access to its system. Mr. Corn-Revere declined to comment.
    EarthLink’s problems with Carnivore began earlier this year, when the FBI installed a Carnivore device on its network at a hub site in Pasadena, Calif. The FBI had a court order that allowed it to install the equipment as part of a criminal investigation.
    The FBI connected Carnivore, a small computer box loaded with sophisticated software for monitoring e-mail messages and other online communications, to EarthLink’s remote access servers, a set of networking equipment that answers incoming modem calls from customers. But Carnivore wasn’t compatible with the operating system software on the remote access servers. So EarthLink had to install an older version of the system software that would work with Carnivore, according to Mr. Dougherty.
    EarthLink says the older version of the software caused its remote access servers to crash, which in turn knocked out access for a number of its customers. Mr. Dougherty declined to specify how many, saying only that “many” people were affected.
    EarthLink executives said they were also concerned about privacy. The company said it had no way of knowing whether Carnivore was limiting its surveillance to the criminal investigation at hand or trolling more broadly. Other ISPs have said there could be serious liability issues for them if the privacy of individuals not connected to an investigation is compromised.
    “There ought to be some transparency to the methods and tools that law enforcement is using to search-and-seize communications,” said John R. LoGalbo, vice president of public policy at PSINet Inc., an ISP in Ashburn, Va.
    EarthLink executives declined to say whether the company has received court orders for information about other customers since the disruption earlier this year. EarthLink said it would help authorities in criminal investigations using techniques other than Carnivore.
    The FBI insists that Carnivore doesn’t affect the performance or stability of an ISP’s existing networks. The bureau says Carnivore passively monitors traffic, recording only information that is relevant to FBI investigations.
    In some cases, the FBI said, the ISP is equipped to turn over data without the use of Carnivore. This is common in cases where only e-mail messages are sought because that type of data can easily be obtained through less-intrusive means.
    Attorney General Janet Reno said Thursday that she was putting the system under review. She said the Justice Department would investigate Carnivore’s constitutional implications and make sure that the FBI was using it in “a consistent and balanced way.”
    Write to Nick Wingfield at nick.wingfield@wsj.com , Ted Bridis at ted.bridis@wsj.com and Neil King Jr. at neil.king@wsj.com
    By NICK WINGFIELD, TED BRIDIS and
    NEIL KING JR. | Staff Reporters of
    THE WALL STREET JOURNAL
    Find this story at 14 July 2000
    Copyright ©2013 Dow Jones & Company, Inc.

    Carnivore (2000) FOIA documents

    On July 11, 2000, the existence of an FBI Internet monitoring system called “Carnivore” was widely reported. Although the public details were sketchy, reports indicated that the Carnivore system is installed at the facilities of an Internet Service Provider (ISP) and can monitor all traffic moving through that ISP. The FBI claims that Carnivore “filters” data traffic and delivers to investigators only those “packets” that they are lawfully authorized to obtain. Because the details remain secret, the public is left to trust the FBI’s characterization of the system and — more significantly — the FBI’s compliance with legal requirements.
    One day after the initial disclosures, EPIC filed a Freedom of Information Act (FOIA) request seeking the public release of all FBI records concerning Carnivore, including the source code, other technical details, and legal analyses addressing the potential privacy implications of the technology. On July 18, 2000, after Carnivore had become a major issue of public concern, EPIC asked the Justice Department to expedite the processing of its request. When DOJ failed to respond within the statutory deadline, EPIC filed suit in U.S. District Court seeking the immediate release of all information concerning Carnivore.
    At an emergency hearing held on August 2, 2000, U.S. District Judge James Robertson ordered the FBI to report back to the court by August 16 and to identify the amount of material at issue and the Bureau’s schedule for releasing it. The FBI subsequently reported that 3000 pages of responsive material were located, but it refused to commit to a date for the completion of processing.
    In late January 2001, the FBI completed its processing of EPIC’s FOIA request. The Bureau revised its earlier estimate and reported that there were 1756 pages of responsive material; 1502 were released in part and 254 were withheld in their entirety (see link below for sample scanned documents).
    On August 1, 2001, the FBI moved for summary judgment, asserting that it fully met its obligations under FOIA. On August 9, 2001, EPIC filed a motion to stay further proceedings pending discovery, on the grounds that the FBI has failed to conduct an adequate search for responsive documents.
    On March 25, 2002, the court issued an order directing the FBI to initiate a new search for responsive documents. The new search was to be conducted in the offices of General Counsel and Congressional & Public Affairs, and be completed no later than May 24, 2002. The documents listed above were located and released as a result of that court-ordered search.
    Find this story at 11 July 2000
    Find the FOIA documents at
    And here

    Carnivore Details Emerge (2000)

    A web spying capability, multi-million dollar price tag, and a secret Carnivore ancestor are some of the details to poke through heavy FBI editing.
    “ Carnivore is remarkably tolerant of network aberration, such a speed change, data corruption and targeted smurf type attacks. ”
    FBI report
    WASHINGTON–The FBI’s Carnivore surveillance tool monitors more than just email. Newly declassified documents obtained by Electronic Privacy Information Center (EPIC) under the Freedom of Information Act reveal that Carnivore can monitor all of a target user’s Internet traffic, and, in conjunction with other FBI tools, can reconstruct web pages exactly as a surveillance target saw them while surfing the web. The capability is one of the new details to emerge from some six-hundred pages of heavily redacted documents given to the Washington-based nonprofit group this week, and reviewed by SecurityFocus Wednesday. The documents confirm that Carnivore grew from an earlier FBI project called Omnivore, but reveal for the first time that Omnivore itself replaced a still older tool. The name of that project was carefully blacked out of the documents, and remains classified “secret.” The older surveillance system had “deficiencies that rendered the design solution unacceptable.” The project was eventually shut down. Development of Omnivore began in February 1997, and the first prototypes were delivered on October 31st of that year. The FBI’s eagerness to use the system may have slowed its development: one report notes that it became “difficult to maintain the schedule,” because the Bureau deployed the nascent surveillance tool for “several emergency situations” while it was still in beta release. “The field deployments used development team personnel to support the technical challenges surrounding the insertion of the OMNIVORE device,” reads the report. The ‘Phiple Troenix’ Project In September 1998, the FBI network surveillance lab in Quantico launched a project to move Omnivore from Sun’s Solaris operating system to a Windows NT platform. “This will facilitate the miniaturization of the system and support a wide range of personal computer (PC) equipment,” notes the project’s Statement of Need. (Other reasons for the switch were redacted from the documents.) The project was called “Phiple Troenix”–apparently a spoonerism of “Triple Phoenix,” a type of palm tree–and its result was dubbed “Carnivore.” Phiple Troenix’s estimated price tag of $800,000 included training for personnel at the Bureau’s Washington-based National Infrastructure Protection Center (NIPC). Meanwhile, the Omnivore project was formally closed down in June 1999, with a final cost of $900,000. Carnivore came out of beta with version 1.2, released in September 1999. As of May 2000, it was in version 1.3.4. At that time it underwent an exhaustive series of carefully prescribed tests under a variety of conditions. The results, according to a memo from the FBI lab, were positive. “Carnivore is remarkably tolerant of network aberration, such a speed change, data corruption and targeted smurf type attacks.
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    The FBI can
    configure the tool to store all traffic to or from a particular Internet IP address, while monitoring DHCP and RADIUS protocols to track a particular user. In “pen mode,” in which it implements a limited type of surveillance not requiring a wiretap warrant, Carnivore can capture all packet header information for a targeted user, or zero in on email addresses or FTP login data. Web Surveillance Version 2.0 will include the ability to display captured Internet traffic directly from Carnivore. For now, the tool only stores data as raw packets, and another application called “Packeteer” is later used to process those packets. A third program called “CoolMiner” uses Packeteer’s output to display and organize the intercepted data. Collectively, the three applications, Carnivore, Packeteer and CoolMiner, are referred to by the FBI lab as the “DragonWare suite.” The documents show that in tests, CoolMiner was able to reconstruct HTTP traffic captured by Carnivore into coherent web pages, a capability that would allow FBI agents to see the pages exactly as the user saw them while surfing the web. Justice Department and FBI officials have testified that Carnivore is used almost exclusively to monitor email, but noted that it was capable of monitoring messages sent over web-based email services like Hotmail. An “Enhanced Carnivore” contract began in November 1999, the papers show, and will run out in January of next year at a total cost of $650,000. Some of the documents show that the FBI plans to add yet more features to version 2.0 and 3.0 of the surveillance tool, but the details are almost entirely redacted. A document subject to particularly heavy editing shows that the FBI was interested in voice over IP technology, and was in particular looking at protocols used by Net2Phone and FreeTel. EPIC attorney David Sobel said the organization intends to challenge the FBI’s editing of the released documents. In the meantime, EPIC is hurriedly scanning in the pages and putting them on the web, “so that the official technical review is not the only one,” explained Sobel. “We want an unofficial review with as wide a range of participants as possible.” The FBI’s next release of documents is scheduled for mid-November.
    Kevin Poulsen, SecurityFocus 2000-10-04
    Find this story at 4 October 2000
    Copyright 2010, SecurityFocus

    FBI agent Marcus C. Thomas (who is mentioned in the EPIC FOIA documents) made a very interesting presentation at NANOG 20 yesterday morning, discussing Carnivore. (2000)

    Agent Thomas gave a demonstration of both Carnivore 1.34 (the currently
    deployed version) and Carnivore 2.0 (the development version) as well as
    some of the other DragonWare tools.
    Most of this information isn’t new, but it demonstrates that the
    DragonWare tools can be used to massively analyze all network traffic
    accessible to a Carnivore box.
    The configuration screen of Carnivore shows that protocol information can
    be captured in 3 different modes: Full, Pen, and None. There are check
    boxes for TCP, UDP, and ICMP.
    Carnivore can be used to capture all data sent to or from a given IP
    address, or range of IP addresses.
    It can be used to search on information in the traffic, doing matching
    against text entered in the “Data Text Strings” box. This, the agent
    assured us, was so that web mail could be identified and captured, but
    other browsing could be excluded.
    It can be used to automatically capture telnet, pop3, and FTP logins with
    the click of a check box.
    It can monitor mail to and/or from specific email addresses.
    It can be configured to monitor based on IP address, RADIUS username, MAC
    address, or network adaptor.
    IPs can be manually added to a running Carnivore session for monitoring.
    Carnivore allows for monitoring of specific TCP or UDP ports and port
    ranges (with drop down boxes for the most common protocols).
    Carnivore 2.0 is much the same, but the configuration menu is cleaner, and
    it allows Boolean statements for exclusion filter creation.

    The Packeteer program takes raw network traffic dumps, reconstructs the
    packets, and writes them to browsable files.
    CoolMiner is the post-processor session browser. The demo was version
    1.2SP4. CoolMiner has the ability to replay a victim’s steps while web
    browsing, chatting on ICQ, Yahoo Messenger, AIM, IRC. It can step through
    telnet sessions, AOL account usage, and Netmeeting. It can display
    information sent to a network printer. It can process netbios data.
    CoolMiner displays summary usage, broken down by origination and
    destination IP addresses, which can be selectively viewed.
    Carnivore usually runs on Windows NT Workstation, but could run on Windows
    2000.
    Some choice quotes from Agent Thomas:
    “Non-relevant data is sealed from disclosure.”
    “Carnivore has no active interaction with any devices on the network.”
    “In most cases Carnivore is only used with a Title III. The FBI will
    deploy Carnivore without a warrant in cases where the victim is willing to
    allow a Carnivore box to monitor his communication.”
    “We rely on the ISP’s security [for the security of the Carnivore box].”
    “We aren’t concerned about the ISP’s security.”
    When asked how Carnivore boxes were protected from attack, he said that
    the only way they were accessible was through dialup or ISDN. “We could
    take measures all the way up to encryption if we thought it was
    necessary.”
    While it doesn’t appear that Carnivore uses a dial-back system to prevent
    unauthorized access, Thomas mentioned that the FBI sometimes “uses a
    firmware device to prevent unauthorized calls.”
    When asked to address the concerns that FBI agents could modify Carnivore
    data to plant evidence, Thomas reported that Carnivore logs FBI agents’
    access attempts. The FBI agent access logs for the Carnivore box become
    part of the court records. When asked the question “It’s often common
    practice to write back doors into [software programs]. How do we know you
    aren’t doing that?”, Thomas replied “I agree 100%. You’re absolutely
    right.”
    When asked why the FBI would not release source, he said: “We don’t sell
    guns, even though we have them.”
    When asked: “What do you do in cases where the subject is using
    encryption?” Thomas replied, “This suite of devices can’t handle that.” I
    guess they hand it off to the NSA.
    He further stated that about 10% of the FBI’s Carnivore cases are thwarted
    by the use of encryption, and that it is “more common to find encryption
    when we seize static data, such as on hard drives.”
    80% of Carnivore cases have involved national security.
    Marcus Thomas can be contacted for questions at mthomas@fbi.gov or at
    (730) 632-6091. He is “usually at his desk.”
    24 October 2000
    Find this story at 24 October 2000

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