Während Hollande den jüngsten Lauschangriff heftig kritisiert, arbeitet Frankreich längst mit amerikanischen und britischen Geheimdiensten zusammen. Unter dem Codenamen “Lustre” hat die Regierung vor einiger Zeit einen Kooperationsvertrag geschlossen – sie ist damit nicht alleine.

Hollande kritisiert den Lauschangriff der US-Dienste und rückt näher an Merkel. Doch der Geheimdienst seines Landes arbeitet indes unter dem Codenamen “Lustre” mit dem Geheimdienstbündnis “Five Eyes” zusammen, dem neben den USA und Großbritannien auch Neuseeland, Kanada und Australien angehören. Paris liefert ihnen systematisch Informationen.

Frankreich hat ein entsprechendes Kooperationsabkommen – ein sogenanntes Drittparteiabkommen – geschlossen, wie aus Dokumenten des Whistleblowers Edward Snowden hervorgeht, die der Norddeutsche Rundfunk und die Süddeutsche Zeitung einsehen konnten.

Demnach kooperieren auch Israel (Codename Ruffle), Schweden (Codename Sardine) und Italien mit dem britischen und amerikanischen Geheimdienst. Die “Five Eyes”-Mitglieder sollen sich versprochen haben, sich nicht gegenseitig auszuspionieren. Das italienische Magazin L’Espresso berichtete unterdessen, dass Italiens Regierung ebenfalls von der NSA ausgespäht worden sein soll.

Süddeutsche Zeitung
26. Oktober 2013
Von John Goetz und Frederik Obermaier

Find this story at 26 October 2013

© Süddeutsche Zeitung Digitale Medien GmbH / Süddeutsche Zeitung GmbH

On Monday, the news broke that the National Security Agency has been actively intercepting French telephone calls and email traffic — collecting over 70 million French calls in a single month, according to Le Monde.

Turns out this is only the latest surveillance operation in a long, long history of America spying on France. A newly declassified intelligence document reveals that the NSA and its antecedents have been intercepting French communications and breaking French codes and ciphers for more than 70 years.

Monday’s Le Monde report may have generated enormous controversy in France, leading the French foreign minister to call in the U.S. ambassador and read him the riot act. But it’s hardly a new development. American eavesdroppers began listening on France during World War II. They continued doing so during the Cold War. The NSA even spied on France during the run-up to the 2003 invasion of Iraq.

A 1947 top-secret code-word NSA document, titled “The General Cryptanalytic Problems,” reveals that in April 1941, eight months before the Japanese attack on Pearl Harbor, a small U.S. Army code-breaking unit, headed by French linguist Herrick F. Bearce, began trying to solve the diplomatic codes and ciphers of the Vichy French regime headed by Marshal Philippe Pétain, which had actively collaborated with Nazi Germany since the fall of France in 1940. A few months earlier, in January 1941, U.S. Army and Navy listening posts had begun intercepting Vichy diplomatic radio traffic between France and its colonies in North and West Africa, Martinique, Madagascar, Indochina, French Guiana, Djibouti, and St. Pierre et Miquelon off the Canadian coast.

Success quickly followed, indicating that the French codes and ciphers were not particularly secure. The report shows that Bearce’s cryptanalysts broke their first Vichy French code, designated FBT, shortly after the Pearl Harbor attack in mid-December 1941. The size of Bearce’s section grew by leaps and bounds as his cryptanalysts, with considerable help from their counterparts in Britain and Canada, solved several dozen Vichy encryption systems with increasing ease. The Army continued to read all of the Vichy French codes and ciphers being used until Pétain’s regime collapsed following the Allied landings in North Africa in November 1942. Within a matter of weeks, Vichy communications traffic disappeared from the airwaves except for occasional cables to the sole French colony controlled by Vichy in French Indochina (in what is now Vietnam, Laos, and Cambodia).

After Pétain’s Vichy government collapsed, in April 1943 the U.S. Army code breakers turned their attention to the diplomatic codes and ciphers then being used by America’s nominal ally, Gen. Charles de Gaulle’s Free French government in exile, which was based in London but maintained embassies in the United States and elsewhere around the world. The report shows that in October 1943, the U.S. Army’s French code-breaking specialists, then headed by Maj. William F. Edgerton, solved the first of de Gaulle’s most important diplomatic cipher systems, designated FMD. In the months that followed, a half dozen other Free French diplomatic ciphers were solved.

With the solutions of these systems, decrypted French diplomatic traffic became the single most important source of intelligence information being produced by the U.S. Army’s code-breaking unit after Germany and Japan. By the time Japan surrendered in August 1945, the U.S. Army’s code breakers had broken or were working on the solution to 60 French diplomatic or military code and cipher systems, including nearly all of the high-level encryption systems used by de Gaulle and his top ministers to communicate with French diplomats and generals around the world.

The amount of intelligence information produced from decrypted French diplomatic traffic was enormous and incredibly valuable. For example, the French FMT diplomatic code, which the U.S. Army broke in February 1945, proved to be an intelligence bonanza for the United States since the messages encrypted in the system contained all of the high-level diplomatic traffic between Paris and the French delegation at an April 1945 conference in San Francisco that led to the establishment of the United Nations. In other words, the State Department officials at the San Francisco conference knew everything about the French negotiating positions even before the conference began.

But that is not the extent of the surprises contained in the newly declassified report. Buried all the way at the back of the document is a nine-page chapter titled simply “Assistance From Espionage,” which describes in some detail how the FBI and the predecessor to the CIA, then known as the Office of Strategic Services (OSS), stole countless foreign code books and cipher materials in order to help the Army’s code breakers at their work.

It turns out that much of the success enjoyed by the Army’s code breakers against the French codes and ciphers during World War II was because FBI and OSS burglars repeatedly broke into French embassies in Washington, D.C., and elsewhere around the world to steal French cryptographic materials. These “black-bag jobs” proved to be enormously useful in allowing the Army to break French codes and ciphers. The report states (p. 302) that “The French Section has been the recipient of more compromised [stolen] material than any other language group [within the Army code-breaking organization],” with the document showing that FBI and OSS burglars surreptitiously copied at least nine French codes and ciphers between 1941 and 1945.

But this is only the beginning of a story that has yet to be told. It might surprise people to learn that the NSA and its partners in Britain, Canada, Australia, and New Zealand have never stopped intercepting French diplomatic and military communications, or trying to break French codes and ciphers, since the day Japan surrendered on Aug. 14, 1945. The NSA’s intercept operators monitored French military communications in Indochina in the 1950s, as well as French military and diplomatic traffic during the Algerian insurgency in the 1960s. Much of what the U.S. intelligence community knew about the Israeli nuclear weapons program in the late 1950s and early 1960s came from intercepted French communications. And when the French government led the fight in the United Nations against the U.S. government’s plans to invade Iraq in 2002 and 2003, the NSA was listening then as well.

France may be a friend and ally of the United States, but that means very little in the U.S. intelligence community, where spying on America’s friends is as much a fact of life as spying on America’s enemies. As senior U.S. intelligence officials are fond of saying, “We have no friends, only targets.”

Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror and The Secret Sentry: The Untold History of the National Security Agency.

Posted By Matthew M. Aid
Tuesday, October 22, 2013 – 5:32 PM

Find this story at 22 October 2013

©2013 The Slate Group, LLC.

The US National Security Agency has spied on French diplomats in Washington and at the UN, according to the latest claims in Le Monde newspaper.

NSA internal memos obtained by Le Monde detailed the use of a sophisticated surveillance programme, known as Genie.

US spies allegedly hacked foreign networks, introducing the spyware into the software, routers and firewalls of millions of machines.

It comes a day after claims the NSA tapped millions of phones in France.

The details in the latest Le Monde article are based on leaks from ex-intelligence analyst Edward Snowden, through Glen Greenwald, the outgoing Guardian journalist, who is feeding the material from Brazil, says the BBC’s Christian Fraser in Paris.

It comes on the day the US Secretary of State, John Kerry, is in London meeting foreign counterparts to discuss Syria.
‘Spy implants’

The Le Monde report sets out details of Genie, an NSA surveillance programme in which spyware implants were introduced remotely to overseas computers, including foreign embassies.

It claims bugs were introduced to the French Embassy in Washington (under a code name “Wabash”) and to the computers of the French delegation at the UN, codenamed “Blackfoot”.

The article suggests that in 2011, the US allocated $652m (£402m) in funding for the programme, which was spent on “spy implants”. Tens of millions of computers were reported to have been hacked that year.

A document dated August 2010 suggests intelligence stolen from foreign embassy computers ensured the US knew ahead of time the positions of other Security Council members, before a UN vote for a resolution imposing new sanctions on Iran.

The US was worried the French were drifting to the Brazilian side – who were opposed to implementing sanctions – when in truth they were always aligned to the US position, says our correspondent.

The intelligence agency quotes Susan Rice, then-US ambassador to the UN, who praises the work done by the NSA: “It helped me know… the truth, and reveal other [countries’] positions on sanctions, allowing us to keep one step ahead in the negotiations.”

On Monday, Le Monde alleged that the NSA spied on 70.3 million phone calls in France between 10 December 2012 and 8 January 2013.

At a breakfast meeting with the US secretary of state on Tuesday, French Foreign Minister Laurent Fabius demanded a full explanation.

Referring to a telephone call between the French and US presidents, Mr Fabius told reporters: “I said again to John Kerry what Francois Hollande told Barack Obama, that this kind of spying conducted on a large scale by the Americans on its allies is something that is unacceptable.”

Asked if France was considering reprisals against the US, government spokeswoman Najat Vallaud-Belkacem replied: “It is up to Foreign Minister Fabius to decide what line we take but I don’t think there is any need for an escalation.

“We have to have a respectful relationship between partners, between allies. Our confidence in that has been hit but it is after all a very close, individual relationship that we have.”

Both French officials made their comments before the latest revelations appeared in Le Monde.

Mr Snowden, a former NSA worker, went public with revelations about US spying operations in June.

The information he leaked led to claims of systematic spying by the NSA and CIA on a global scale.

Targets included rivals like China and Russia, as well as allies like the EU and Brazil.

The NSA was also forced to admit it had captured email and phone data from millions of Americans.

Mr Snowden is currently in Russia, where he was granted a year-long visa after making an asylum application.

The US wants him extradited to face trial on criminal charges.

22 October 2013 Last updated at 13:36 ET

Find this story at 22 October 2013

© 2013 The BBC

Latest leaks from Edward Snowden say American agents recorded more than 70 million French phone calls in just 30 days – including those of politicians and businessmen

The French government has summoned the US ambassador in Paris to provide an explanation for fresh Edward Snowden revelations about the NSA.

According to reports this morning in Le Monde, the American National Security Agency recorded more than 70 million phone calls made France over the course of just 30 days.

If accurate, the reports are the latest indicator of the extraordinary reaching of US electronic spying, and come alongside the news that agents also hacked the email account of former Mexican president Felipe Calderon.

The French interior minister, Manuel Valls, told reporters at an EU meet in Luxembourg: “I have immediately summoned the US ambassador and he will be received this morning at the Quai d’Orsay [French Foreign Ministry].”

“Rules are obviously needed when it comes to new communication technologies, and that’s something that concerns every country,” he the Europe-1 radio station. “If a friendly country – an ally – spies on France or other European countries, that is completely unacceptable.”

Le Monde’s story, which included the byline of the outgoing Guardian journalist Glenn Greenwald, said that the communications of prominent businessmen and politicians were spied on alongside those of suspected security threats.

It said the NSA had targeted Orange and Alcatel-Lucent – two of the biggest network operators in France – and that it used keyword technology and lists of certain types of numbers to automatically pick up millions of records a day.

The 70.3 million pieces of data came from 10 December 2012 and 8 January 2013, and it was not made clear whether they included the full content of conversations or just the metadata – the information of who, when and where the call was made.

The programme of surveillance, codenamed US-985D, also reportedly stored millions of intercepted text messages.

The article followed reports in the German weekly Der Spiegel that the NSA accessed the email account of Felipe Calderon, the former Mexican president. Mexico said it would be seeking an explanation from US officials “as soon as possible”.

Mr Snowden, a former contractor with the NSA who first went public about US surveillance techniques in June, warned then that he had gigabytes of data full of other revelations, to be released over time.

He is currently a refugee at an unknown location in Russia, after he was granted one year’s asylum on the condition, president Vladimir Putin said, that he stop leaking US secrets.

It is not known whether today’s revelations come straight from Mr Snowden himself, or if they are part of a large stock of data given in bulk to journalists at an earlier date.

The US has, as with other Snowden stories, refused to comment on what it calls confidential information.

Officials nonetheless referred Le Monde to a statement made in June, in which US director of national intelligence James Clapper defended the NSA’s programmes.

“They are lawful and conducted under authorities widely known and discussed, and fully debated and authorised by Congress,” he said. “Their purpose is to obtain foreign intelligence information, including information necessary to thwart terrorist and cyber-attacks against the United States and its allies.”

Adam Withnall
Monday, 21 October 2013

Find this story at 21 October 2013

© independent.co.uk

The future will perhaps tell us one day why France has remained so discreet in comparison with Germany or Brazil, for example, after the first revelations about the extent of the American electronic espionage programmes in the world as revealed by Edward Snowden, the ex-employee of an NSA (National Security Agency) sub-contractor. France was also concerned and today has at its disposition tangible proof that its interests are targeted on a daily basis.
According to the documents retrieved from the NSA database by its ex-analyst, telephone communications of French citizens are intercepted on a massive scale. Le Monde has been able to obtain access to documents which describe the techniques used to violate the secrets or simply the private life of French people. Some elements of information about this espionage have been referred to by Der Speigel and The Guardian, but others are, to date, unpublished.

Amongst the thousands of documents extracted from the NSA by its ex-employee there is a graph which describes the extent of telephone monitoring and tapping (DNR – Dial Number Recognition) carried out in France. It can be seen that over a period of thirty days – from 10 December 2012 to 8 January 2013, 70,3 million recordings of French citizens’ telephone data were made by the NSA. This agency has several methods of data collection. According to the elements obtained by Le Monde, when a telephone number is used in France, it activates a signal which automatically triggers the recording of the call. Apparently this surveillance system also picks up SMS messages and their content using key words. Finally, the NSA apparently stores the history of the connections of each target – or the meta-data.

This espionage is listed under the programme US-985D. The precise explanation of this acronym has not been provided, to date, by the Snowden documents nor by the former members of the NSA. By way of comparison, the acronyms used by the NSA for the same type of interception targeting Germany are US-987LA and US-987LB. According to some sources, this series of numbers corresponds to the circle referred to by the United States as the ‘third party’, to which belong France, Germany but also Austria, Poland or again Belgium. ‘The second party’ concerns the English-speaking countries historically close to Washington: the United Kingdom, Canada, Australia and New Zealand – this group is known by the name the ‘five eyes’. ‘The first party’ concerns the sixteen American secret services of which today the NSA has become the most important, according to a senior official from the French Intelligence community.

The techniques used for these interceptions appear under the codenames ‘DRTBOX’ and ‘WHITEBOX’. Their characteristics are not known either. But we do know that, thanks to DRTBOX, 62.5 million data were collected in France and that WHITEBOX enables the recording of 7.8 million elements. The documents which Le Monde has been able to see have not enabled the provision of further details on these methods. But they give sufficient explanation to lead us to think that the NSA targets concerned both people suspected of association with terrorist activities as well as people targeted simply because they belong to the worlds of business, politics or French state administration.

The NSA graph shows an average of 3 million data intercepts per day with peaks at almost 7 million on 24 December 2012 and 7 January 2013. But between 28 and 31 December no interception seems to have taken place. This apparent stoppage of activity could be explained, in particular, by the time required at the end of December 2012, for the American Congress to renew section 702 of the law dealing with electronic espionage abroad. Similarly nothing appears on the 3, 5 and 6 January 2013; this time we cannot suggest any plausible reason. Many questions are still posed by this diagram – to start with the precise identity of the targets and the justifications for such a large-scale collection of data in a foreign country which is both sovereign and an ally.

When questioned, the American authorities did not wish to comment on these documents which they considered to be ‘classified’. Nevertheless, they do refer to the statement made on 8 June 2013 by the Director of National Intelligence according to which, ‘the government cannot target anyone under the court-approved procedures for Section 702 collection unless there is an appropriate, and document foreign intelligence purpose for the acquisition (such as for the prevention of terrorism, hostile cyber activities, or nuclear proliferation) and the foreign target is reasonably believed to be outside the United States. We cannot target even foreign persons overseas without a valid foreign intelligence purpose.

France is not the country in which the NSA intercepts the most digital or telephone connections. The ‘Boundless Informant’ system, revealed in June by Edward Snowden to the British daily The Guardian, enabled an overall vision and in real time of the information gathered throughout the world, by means of the various NSA wire-tapping systems. This system gathers not only telephone data (DNR) but also digital data (DNI Digital Network Intelligence). One of the documents which Le Monde was able to consult notes that between 8 February and 8 March 2013, the NSA collected, throughout the world, 124,8 billion telephone data items and 97,1 billion computer data items. In Europe, only Germany and the United Kingdom exceed France in terms of numbers of interceptions.

Le Monde.fr
21.10.2013 à 06h08
Par Jacques Follorou et Glenn Greenwald (Journaliste)

Find this story at 21 October 2013

© Le Monde.fr

Agents said to have intercepted 70 million calls and text messages a month
France had previously blamed the United States of America
U.S. was first suspected of hacking into Nicolas Sarkozy’s phone in 2012
Americans insisted they have never been behind hacking in France
Comes after it emerged German officials are planning trip to U.S. to discuss allegations Angela Merkel’s phone was hack by the NSA
The German Chancellor said President Obama’s reputation has been shattered on an international scale because of espionage scandal

Israel and not America was behind the hacking of millions of French phones, it was claimed today.

In the latest extraordinary twist in the global eavesdropping scandal, Israeli agents are said to have intercepted more than 70 million calls and text messages a month.

Up until now the French have been blaming the U.S., even summoning the country’s Paris ambassador to provide an explanation.

Scroll down for video

France first suspected the U.S. of hacking into former president Nicolas Sarkozy’s communications network when he was unsuccessfully trying for re-election in 2012

But today’s Le Monde newspaper provides evidence that it was in fact Israeli agents who were listening in.

France first suspected the U.S. of hacking into former president Nicolas Sarkozy’s communications network when he was unsuccessfully trying for re-election in 2012.

Intelligence officials Bernard Barbier and Patrick Pailloux travelled from Paris to Washington to demand an explanation, but the Americans hinted that the Israelis were to blame.

More…
Teenager, 18, sentenced for biting officer while being arrested for wearing a niqab appears in French appeal court…in full burkha
The terrible truth about Gaddafi’s harem: How Libyan dictator kidnapped and raped dozens of women to fulfil his perverted desires
French opposition leader pledges to ban citizenship for children of illegal immigrants born in France
Teenager, 18, sentenced for biting officer while being arrested for wearing a niqab appears in French appeal court…in full burkha
Cameron attacks ‘lah-di-dah, airy-fairy’ ideas about spy agencies, as he reveals his own mobile was NOT targeted by the US

The Americans insisted they have never been behind any hacking in France, and were always keen to get on with the French, whom they viewed as some of their closest allies.

They were so determined to be friends with the French, that U.S. briefing notes included details of how to pronounce the names of the Gallic officials.

A note published in Le Monde shows that the Americans refused to rule out Mossad, Israel’s notoriously uncompromising intelligence agency, or the ISNU, Israel’s cyber-intelligence unit.

Today’s newspaper report was co-written by Glenn Greenwald, whose main contact is NSA whistleblower Edward Snowden (pictured)

Tailored Access Operations (TAO), the branch of the US National Security Agency (NSA) which deals with cyber-attacks, is referred to throughout the note.

It reads: ‘TAO intentionally did not ask either Mossad or ISNU whether they were involved as France is not an approved target for joint discussions.’

Le Monde’s article, co-authored by U.S. journalist Glenn Greenwald, whose main contact is NSA whistleblower Edward Snowden, however, hints that the Israelis were doing the spying.

Both US and French intelligence work closely with Mossad, but there is known to be a great deal of suspicion between all the agencies.

A 2008 NSA note says that the Israelis are ‘excellent partners in terms of sharing information’, but it also says that Mossad is ‘the third most aggressive intelligence service in the world against the United States’.

A spokesman for the Israeli government told Le Monde: ‘Israel is a country which is a friend, ally and partner of France and does not carry out any hostile activity which could pose a threat to its security.’

France has complained in the past about Mossad’s use of its soil to plan so called black operations including the 2010 assassination in Dubai of Mahmoud Al-Mabhouh of the Palestinian movement Hamas.

The revelation comes after senior German officials said they would be travelling to the U.S. ‘shortly’ to talk about allegations the NSA bugged Angela Merkel’s phone.
Obama orders review of surveillance activities

Anger: German Chancellor Angela Merkel (left) and Brazil’s Dilma Rousseff (right) have both voiced concerns over the NSA’s infiltration of the online communications of foreigners

The heads of Germany’s foreign and domestic intelligence agencies will participate in high-level discussions with the White House and National Security Agency, government spokesman Georg Streiter said.

News of the talks signals an escalation in the diplomatic tensions between the U.S. and its allies after it was claimed the NSA had monitored the calls of 35 world leaders.

Brazil and Germany have joined forces in an attempt to pile pressure on the United Nations to rein in the snooping activities. They want a UN General Resolution that promotes the right to online privacy.

This step, the first major international response to the NSA’s infiltration of the online communications of foreigners, comes after German Chancellor Merkel said the recent U.S. espionage scandal has shattered international trust in Barack Obama.

Angela Merkel said the recent espionage scandal has shattered international trust in President Obama

Not hacked: The White House has denied that David Cameron’s communications were ever monitored

A month earlier Brazil’s president Dilma Rousseff branded the NSA’s clandestine activities ‘a breach of international law’ in a speech to the UN General Assembly and demanded steps be made to stop ‘cyberspace from being used as a weapon of war’.

Brazilian and German diplomats met in New York yesterday to thrash out a draft resolution demanding the strengthening of privacy rights in the International Covenant Civil and Political Rights.

While the UN has no real power to reign in the NSA, there are fears among security experts that the effort alone could signal a growing consensus to freeze the US out of future international security dialogues.

By Nabila Ramdani

PUBLISHED: 16:32 GMT, 25 October 2013 | UPDATED: 20:46 GMT, 25 October 2013

Find this story at 25 October 2013

© Associated Newspapers Ltd

AFP – France believed the United States attempted to hack into its president’s communications network, a leaked US intelligence document published on Friday suggests.

US agents denied having anything to do with a May 2012 cyber attack on the Elysee Palace, the official residence of French presidents, and appeared to hint at the possible involvement of Mossad, Israel’s intelligence agency, a classified internal note from the US National Security Agency suggests.

Extracts from the document, the latest to emerge from the NSA via former contractor Edward Snowden, were published by Le Monde newspaper alongside an article jointly authored by Glenn Greenwald, the US journalist who has been principally responsible for a still-unravelling scandal over large-scale US snooping on individuals and political leaders all over the world.

The document is a briefing note prepared in April this year for NSA officials who were due to meet two senior figures from France’s external intelligence agency, the DGSE. The French agents had travelled to Washington to demand explanations over their discovery in May 2012 of attempts to compromise the Elysee’s communications systems.

The note says that the branch of the NSA which handles cyber attacks, Tailored Access Operations (TAO), had confirmed that it had not carried out the attack and says that most of its closest allies (Australia, Britain, Canada and New Zealand) had also denied involvement.

It goes on to note: “TAO intentionally did not ask either Mossad or (Israel’s cyber intelligence unit) ISNU whether they were involved as France is not an approved target for joint discussions.”

Le Monde interpreted this sentence as being an ironic reference to a strong likelihood that Mossad had been behind the attack.

The cyber attacks on the Elysee took place in the final weeks of Nicolas Sarkozy’s term, between the two rounds of the presidential election which he ended up losing to Francois Hollande.

The attacks had been previously reported by French media, who have described them as an attempt to insert monitoring devices into the system but it remains unclear whether the presidential networks were compromised for any time.

There was no immediate response from the Elysee on Friday when asked for comment by AFP.

Sarkozy enjoyed warmer relations with the United States than any French president of recent times, to the extent that the media sometimes referred to him as “Sarko the American.”

The revelations about the Elysee attacks followed damaging revelations that the US had tapped the mobile phone of German Chancellor Angela Merkel and spied on other allies.

“Spying between friends, that’s just not done,” Merkel said Thursday at the start of a summit of European Union leaders which has been overshadowed by the issue.

On a lighter note, the leaked document published by Le Monde on Friday underlines that NSA officials were anxious not to cause any further offence to their angry French counterparts.

Along with the technical details, the briefing note contains a phonetic guide to the pronunciation of the names of the French visitors.

They included DGSE technical director Bernard Barbier, who was to be addressed as bear-NAR bur-BYAY, and Patrick Pailloux, or pah-TREEK pie-YOO.

25 OCTOBER 2013 – 12H58

Find this story at 25 October 2013

© 2006 – 2013 Copyright FRANCE 24. All rights reserved

Espionage by the US on France has already strained relations between the two countries, threatening a trans-Atlantic trade agreement. Now a document seen by SPIEGEL reveals that the NSA also spied on the French Foreign Ministry.

America’s National Security Agency (NSA) targeted France’s Foreign Ministry for surveillance, according to an internal document seen by SPIEGEL.

Dated June 2010, the “top secret” NSA document reveals that the intelligence agency was particularly interested in the diplomats’ computer network. All of the country’s embassies and consulates are connected with the Paris headquarters via a virtual private network (VPN), technology that is generally considered to be secure.

Accessing the Foreign Ministry’s network was considered a “success story,” and there were a number of incidents of “sensitive access,” the document states.

An overview lists different web addresses tapped into by the NSA, among them “diplomatie.gouv.fr,” which was run from the Foreign Ministry’s server. A list from September 2010 says that French diplomatic offices in Washington and at the United Nations in New York were also targeted, and given the codenames “Wabash” and “Blackfoot,” respectively. NSA technicians installed bugs in both locations and conducted a “collection of computer screens” at the one at the UN.

A priority list also names France as an official target for the intelligence agency. In particular, the NSA was interested in the country’s foreign policy objectives, especially the weapons trade, and economic stability.

US-French relations are being strained by such espionage activities. In early July, French President François Hollande threatened to suspend negotiations for a trans-Atlantic free trade agreement, demanding a guarantee from the US that it would cease spying after it was revealed that the French embassy in Washington had been targeted by the NSA.

“There can be no negotiations or transactions in all areas until we have obtained these guarantees, for France but also for all of the European Union, for all partners of the United States,” he said at the time.

The NSA declined to comment to SPIEGEL on the matter. As details about the scope of the agency’s international spying operations continue to emerge, Washington has come under increasing pressure from its trans-Atlantic partners. Officials in Europe have expressed concern that negotiations for the trade agreement would be poisoned by a lack of trust.

09/01/2013 09:32 AM

Find this story at 1 September 2013

© SPIEGEL ONLINE 2013

Americans want to know what Netanyahu is thinking about Iran, Palestinian issues, says Danny Yatom; follows reports NSA listened in to 35 world leaders
A day after it was revealed that the US National Security Agency monitored the private conversations of some 35 world leaders, former head of the Mossad Danny Yatom said Friday that the US listens in on its ally Israel as well.

“I can tell you with certain knowledge that [America] has been listening in on its allies, including Israel,” Yatom said, and “not necessarily in [Benjamin] Netanyahu’s tenure” as prime minister.

“The US doesn’t really care about anyone [but itself] and the Americans are vehemently denying the incidents,” Yatom told the Israeli daily Maariv on Friday. ”It could very well be that these things [monitoring calls] are happening here [in Israel] too. When the Americans think they need to listen in on someone, they’ll do just that.”

Yatom explained that there are two issues around which the Americans are likely spying on Israel — negotiations with Palestinians and the Iranian nuclear program.

“It is important for them to know what Prime Minister Benjamin Netanyahu really thinks… They have interests here because they want to be able to contend with Israeli claims that arise when talking about these issues,” the ex-Mossad chief said.

Yatom also stressed that the US seeks to obtain information on Israel’s “real” position vis-a-vis-negotiations and what obstacles stand in the way of advancing peace talks.

He also criticized the US for misusing its power as a world leader.

“The Americans rightly see themselves as a superpower, but wrongly feel that they can do whatever they want, including the eavesdropping,” he said.

Yatom served from 1996-1998 as head of the Mossad. The Israeli intelligence agency is smarting from recent reports that Turkey deliberately exposed a ring of Israeli agents in Iran, and further reports that US did not sanction or protest to Turkey over this alleged betrayal. Yatom has been particularly outspoken over the matter.

Yatom’s statements came a day after the the British newspaper The Guardian said it had obtained a confidential memo suggesting the NSA was able to monitor 35 world leaders’ communications in 2006.

The memo said the NSA encouraged senior officials at the White House, Pentagon and other agencies to share their contacts so the spy agency could add foreign leaders’ phone numbers to its surveillance systems, the report said.

The report drew furious reactions in Germany, Spain — both of whom summoned the US ambassador in their countries for talks over the report — and France.

European Union leaders, meeting Friday at a summit in Brussels, vowed to maintain a strong trans-Atlantic partnership despite their anger over allegations of widespread US spying on allies. Still, France and Germany are insisting the United States agree upon new surveillance rules with them this year to stop US eavesdropping on their leaders, innocent civilians and companies.

“We are seeking a basis for cooperation between our (intelligence) services, which we all need and from which we have all received a great deal of information … that is transparent, that is clear and is in keeping with the character of being partners,” German Chancellor Angela Merkel told reporters.

“The United States and Europe are partners, but this partnership must be built on trust and respect,” Merkel said early Friday. “That of course also includes the work of the respective intelligence services.”

Several European leaders noted Friday that the continent’s close political and commercial ties to the US must be protected as EU nations demand more assurances from the Obama administration.

“What is at stake is preserving our relations with the United States,” said French President Francois Hollande. “Trust has to be restored and reinforced.”

“The main thing is that we look to the future. The trans-Atlantic partnership was and is important,” said Lithuanian President Dalia Grybauskaite, whose nation holds the rotating presidency of the 28-country bloc.

Merkel complained to President Barack Obama on Wednesday after her government received information that her cellphone may have been monitored. Merkel and Hollande insisted that, beyond being fully briefed on what happened in the past, the European allies and Washington need to set up common rules for US surveillance that does not impede the fundamental rights of its allies.

Lazar Berman and AP contributed to this report.

By Times of Israel staff October 25, 2013, 7:50 pm 13

Find this story at 25 October 2013

© 2013 The Times of Israel, All rights reserved

When Ban Ki-moon, the United Nations secretary general, sat down with President Obama at the White House in April to discuss Syrian chemical weapons, Israeli-Palestinian peace talks and climate change, it was a cordial, routine exchange.

The National Security Agency nonetheless went to work in advance and intercepted Mr. Ban’s talking points for the meeting, a feat the agency later reported as an “operational highlight” in a weekly internal brag sheet. It is hard to imagine what edge this could have given Mr. Obama in a friendly chat, if he even saw the N.S.A.’s modest scoop. (The White House won’t say.)

But it was emblematic of an agency that for decades has operated on the principle that any eavesdropping that can be done on a foreign target of any conceivable interest — now or in the future — should be done. After all, American intelligence officials reasoned, who’s going to find out?

From thousands of classified documents, the National Security Agency emerges as an electronic omnivore of staggering capabilities, eavesdropping and hacking its way around the world to strip governments and other targets of their secrets, all the while enforcing the utmost secrecy about its own operations. It spies routinely on friends as well as foes, as has become obvious in recent weeks; the agency’s official mission list includes using its surveillance powers to achieve “diplomatic advantage” over such allies as France and Germany and “economic advantage” over Japan and Brazil, among other countries.

Mr. Obama found himself in September standing uncomfortably beside the president of Brazil, Dilma Rousseff, who was furious at being named as a target of N.S.A. eavesdropping. Since then, there has been a parade of such protests, from the European Union, Mexico, France, Germany and Spain. Chagrined American officials joke that soon there will be complaints from foreign leaders feeling slighted because the agency had not targeted them.

James R. Clapper Jr., the director of national intelligence, has repeatedly dismissed such objections as brazen hypocrisy from countries that do their own share of spying. But in a recent interview, he acknowledged that the scale of eavesdropping by the N.S.A., with 35,000 workers and $10.8 billion a year, sets it apart. “There’s no question that from a capability standpoint we probably dwarf everybody on the planet, just about, with perhaps the exception of Russia and China,” he said.

Since Edward J. Snowden began releasing the agency’s documents in June, the unrelenting stream of disclosures has opened the most extended debate on the agency’s mission since its creation in 1952. The scrutiny has ignited a crisis of purpose and legitimacy for the N.S.A., the nation’s largest intelligence agency, and the White House has ordered a review of both its domestic and its foreign intelligence collection. While much of the focus has been on whether the agency violates Americans’ privacy, an issue under examination by Congress and two review panels, the anger expressed around the world about American surveillance has prompted far broader questions.

If secrecy can no longer be taken for granted, when does the political risk of eavesdropping overseas outweigh its intelligence benefits? Should foreign citizens, many of whom now rely on American companies for email and Internet services, have any privacy protections from the N.S.A.? Will the American Internet giants’ collaboration with the agency, voluntary or otherwise, damage them in international markets? And are the agency’s clandestine efforts to weaken encryption making the Internet less secure for everyone?

Matthew M. Aid, an intelligence historian and author of a 2009 book on the N.S.A., said there is no precedent for the hostile questions coming at the agency from all directions.

“From N.S.A.’s point of view, it’s a disaster,” Mr. Aid said. “Every new disclosure reinforces the notion that the agency needs to be reined in. There are political consequences, and there will be operational consequences.”

A review of classified agency documents obtained by Mr. Snowden and shared with The New York Times by The Guardian, offers a rich sampling of the agency’s global operations and culture. (At the agency’s request, The Times is withholding some details that officials said could compromise intelligence operations.) The N.S.A. seems to be listening everywhere in the world, gathering every stray electron that might add, however minutely, to the United States government’s knowledge of the world. To some Americans, that may be a comfort. To others, and to people overseas, that may suggest an agency out of control.

The C.I.A. dispatches undercover officers overseas to gather intelligence today roughly the same way spies operated in biblical times. But the N.S.A., born when the long-distance call was a bit exotic, has seen its potential targets explode in number with the advent of personal computers, the Internet and cellphones. Today’s N.S.A. is the Amazon of intelligence agencies, as different from the 1950s agency as that online behemoth is from a mom-and-pop bookstore. It sucks the contents from fiber-optic cables, sits on telephone switches and Internet hubs, digitally burglarizes laptops and plants bugs on smartphones around the globe.

Mr. Obama and top intelligence officials have defended the agency’s role in preventing terrorist attacks. But as the documents make clear, the focus on counterterrorism is a misleadingly narrow sales pitch for an agency with an almost unlimited agenda. Its scale and aggressiveness are breathtaking.

The agency’s Dishfire database — nothing happens without a code word at the N.S.A. — stores years of text messages from around the world, just in case. Its Tracfin collection accumulates gigabytes of credit card purchases. The fellow pretending to send a text message at an Internet cafe in Jordan may be using an N.S.A. technique code-named Polarbreeze to tap into nearby computers. The Russian businessman who is socially active on the web might just become food for Snacks, the acronym-mad agency’s Social Network Analysis Collaboration Knowledge Services, which figures out the personnel hierarchies of organizations from texts.

The spy agency’s station in Texas intercepted 478 emails while helping to foil a jihadist plot to kill a Swedish artist who had drawn pictures of the Prophet Muhammad. N.S.A. analysts delivered to authorities at Kennedy International Airport the names and flight numbers of workers dispatched by a Chinese human smuggling ring.

The agency’s eavesdropping gear, aboard a Defense Department plane flying 60,000 feet over Colombia, fed the location and plans of FARC rebels to the Colombian Army. In the Orlandocard operation, N.S.A. technicians set up what they called a “honeypot” computer on the web that attracted visits from 77,413 foreign computers and planted spyware on more than 1,000 that the agency deemed of potential future interest.

The Global Phone Book

No investment seems too great if it adds to the agency’s global phone book. After mounting a major eavesdropping effort focused on a climate change conference in Bali in 2007, agency analysts stationed in Australia’s outback were especially thrilled by one catch: the cellphone number of Bali’s police chief.

“Our mission,” says the agency’s current five-year plan, which has not been officially scheduled for declassification until 2032, “is to answer questions about threatening activities that others mean to keep hidden.”

The aspirations are grandiose: to “utterly master” foreign intelligence carried on communications networks. The language is corporate: “Our business processes need to promote data-driven decision-making.” But the tone is also strikingly moralistic for a government bureaucracy. Perhaps to counter any notion that eavesdropping is a shady enterprise, signals intelligence, or Sigint, the term of art for electronic intercepts, is presented as the noblest of callings.

“Sigint professionals must hold the moral high ground, even as terrorists or dictators seek to exploit our freedoms,” the plan declares. “Some of our adversaries will say or do anything to advance their cause; we will not.”

The N.S.A. documents taken by Mr. Snowden and shared with The Times, numbering in the thousands and mostly dating from 2007 to 2012, are part of a collection of about 50,000 items that focus mainly on its British counterpart, Government Communications Headquarters or G.C.H.Q.

While far from comprehensive, the documents give a sense of the agency’s reach and abilities, from the Navy ships snapping up radio transmissions as they cruise off the coast of China, to the satellite dishes at Fort Meade in Maryland ingesting worldwide banking transactions, to the rooftops of 80 American embassies and consulates around the world from which the agency’s Special Collection Service aims its antennas.

The agency and its many defenders among senior government officials who have relied on its top secret reports say it is crucial to American security and status in the world, pointing to terrorist plots disrupted, nuclear proliferation tracked and diplomats kept informed.

But the documents released by Mr. Snowden sometimes also seem to underscore the limits of what even the most intensive intelligence collection can achieve by itself. Blanket N.S.A. eavesdropping in Afghanistan, described in the documents as covering government offices and the hide-outs of second-tier Taliban militants alike, has failed to produce a clear victory against a low-tech enemy. The agency kept track as Syria amassed its arsenal of chemical weapons — but that knowledge did nothing to prevent the gruesome slaughter outside Damascus in August.

The documents are skewed toward celebration of the agency’s self-described successes, as underlings brag in PowerPoints to their bosses about their triumphs and the managers lay out grand plans. But they do not entirely omit the agency’s flubs and foibles: flood tides of intelligence gathered at huge cost that goes unexamined; intercepts that cannot be read for lack of language skills; and computers that — even at the N.S.A. — go haywire in all the usual ways.

Mapping Message Trails

In May 2009, analysts at the agency learned that Iran’s supreme leader, Ayatollah Ali Khamenei, was to make a rare trip to Kurdistan Province in the country’s mountainous northwest. The agency immediately organized a high-tech espionage mission, part of a continuing project focused on Ayatollah Khamenei called Operation Dreadnought.

Working closely with the National Geospatial-Intelligence Agency, which handles satellite photography, as well as G.C.H.Q., the N.S.A. team studied the Iranian leader’s entourage, its vehicles and its weaponry from satellites, and intercepted air traffic messages as planes and helicopters took off and landed.

They heard Ayatollah Khamenei’s aides fretting about finding a crane to load an ambulance and fire truck onto trucks for the journey. They listened as he addressed a crowd, segregated by gender, in a soccer field.

They studied Iranian air defense radar stations and recorded the travelers’ rich communications trail, including Iranian satellite coordinates collected by an N.S.A. program called Ghosthunter. The point was not so much to catch the Iranian leader’s words, but to gather the data for blanket eavesdropping on Iran in the event of a crisis.

This “communications fingerprinting,” as a document called it, is the key to what the N.S.A. does. It allows the agency’s computers to scan the stream of international communications and pluck out messages tied to the supreme leader. In a crisis — say, a showdown over Iran’s nuclear program — the ability to tap into the communications of leaders, generals and scientists might give a crucial advantage.

On a more modest scale, the same kind of effort, what N.S.A. calls “Sigint development,” was captured in a document the agency obtained in 2009 from Somalia — whether from a human source or an electronic break-in was not noted. It contained email addresses and other contact details for 117 selected customers of a Mogadishu Internet service, Globalsom.

While most on the list were Somali officials or citizens, presumably including some suspected of militancy, the document also included emails for a United Nations political officer in Mogadishu and a local representative for the charity World Vision, among other international institutions. All, it appeared, were considered fair game for monitoring.

This huge investment in collection is driven by pressure from the agency’s “customers,” in government jargon, not only at the White House, Pentagon, F.B.I. and C.I.A., but also spread across the Departments of State and Energy, Homeland Security and Commerce, and the United States Trade Representative.

By many accounts, the agency provides more than half of the intelligence nuggets delivered to the White House early each morning in the President’s Daily Brief — a measure of success for American spies. (One document boasts that listening in on Nigerian State Security had provided items for the briefing “nearly two dozen” times.) In every international crisis, American policy makers look to the N.S.A. for inside information.

Pressure to Get Everything

That creates intense pressure not to miss anything. When that is combined with an ample budget and near-invisibility to the public, the result is aggressive surveillance of the kind that has sometimes gotten the agency in trouble with the Foreign Intelligence Surveillance Court, a United States federal court that polices its programs for breaches of Americans’ privacy.

In the funding boom that followed the Sept. 11 attacks, the agency expanded and decentralized far beyond its Fort Meade headquarters in Maryland, building or expanding major facilities in Georgia, Texas, Colorado, Hawaii, Alaska, Washington State and Utah. Its officers also operate out of major overseas stations in England, Australia, South Korea and Japan, at overseas military bases, and from locked rooms housing the Special Collection Service inside American missions abroad.

The agency, using a combination of jawboning, stealth and legal force, has turned the nation’s Internet and telecommunications companies into collection partners, installing filters in their facilities, serving them with court orders, building back doors into their software and acquiring keys to break their encryption.

But even that vast American-run web is only part of the story. For decades, the N.S.A. has shared eavesdropping duties with the rest of the so-called Five Eyes, the Sigint agencies of Britain, Canada, Australia and New Zealand. More limited cooperation occurs with many more countries, including formal arrangements called Nine Eyes and 14 Eyes and Nacsi, an alliance of the agencies of 26 NATO countries.

The extent of Sigint sharing can be surprising: “N.S.A. may pursue a relationship with Vietnam,” one 2009 G.C.H.Q. document reported. But a recent G.C.H.Q. training document suggests that not everything is shared, even between the United States and Britain. “Economic well-being reporting,” it says, referring to intelligence gathered to aid the British economy, “cannot be shared with any foreign partner.”

As at the school lunch table, decisions on who gets left out can cause hurt feelings: “Germans were a little grumpy at not being invited to join the 9-Eyes group,” one 2009 document remarks. And in a delicate spy-versus-spy dance, sharing takes place even with governments that are themselves important N.S.A. targets, notably Israel.

The documents describe collaboration with the Israel Sigint National Unit, which gets raw N.S.A. eavesdropping material and provides it in return, but they also mention the agency’s tracking of “high priority Israeli military targets,” including drone aircraft and the Black Sparrow missile system.

The alliances, and the need for stealth, can get complicated. At one highly valued overseas listening post, the very presence of American N.S.A. personnel violates a treaty agreed to by the agency’s foreign host. Even though much of the eavesdropping is run remotely from N.S.A.’s base at Fort Gordon, Ga., Americans who visit the site must pose as contractors, carry fake business cards and are warned: “Don’t dress as typical Americans.”

“Know your cover legend,” a PowerPoint security briefing admonishes the N.S.A. staff members headed to the overseas station, directing them to “sanitize personal effects,” send no postcards home and buy no identifiably local souvenirs. (“An option might be jewelry. Most jewelry does not have any markings” showing its place of origin.)

Bypassing Security

In the agency’s early years, its brainy staff members — it remains the largest employer of mathematicians in the country — played an important role in the development of the first computers, then largely a tool for code breaking.

Today, with personal computers, laptops, tablets and smartphones in most homes and government offices in the developed world, hacking has become the agency’s growth area.

Some of Mr. Snowden’s documents describe the exploits of Tailored Access Operations, the prim name for the N.S.A. division that breaks into computers around the world to steal the data inside, and sometimes to leave spy software behind. T.A.O. is increasingly important in part because it allows the agency to bypass encryption by capturing messages as they are written or read, when they are not encoded.

In Baghdad, T.A.O. collected messages left in draft form in email accounts maintained by leaders of the Islamic State of Iraq, a militant group. Under a program called Spinaltap, the division’s hackers identified 24 unique Internet Protocol addresses identifying computers used by the Lebanese militant group Hezbollah, making it possible to snatch Hezbollah messages from the flood of global communications sifted by the agency.

The N.S.A.’s elite Transgression Branch, created in 2009 to “discover, understand, evaluate and exploit” foreign hackers’ work, quietly piggybacks on others’ incursions into computers of interest, like thieves who follow other housebreakers around and go through the windows they have left ajar.

In one 2010 hacking operation code-named Ironavenger, for instance, the N.S.A. spied simultaneously on an ally and an adversary. Analysts spotted suspicious emails being sent to a government office of great intelligence interest in a hostile country and realized that an American ally was “spear-phishing” — sending official-looking emails that, when opened, planted malware that let hackers inside.

The Americans silently followed the foreign hackers, collecting documents and passwords from computers in the hostile country, an elusive target. They got a look inside that government and simultaneously got a close-up look at the ally’s cyberskills, the kind of intelligence twofer that is the unit’s specialty.

In many other ways, advances in computer and communications technology have been a boon for the agency. N.S.A. analysts tracked the electronic trail left by a top leader of Al Qaeda in Africa each time he stopped to use a computer on his travels. They correctly predicted his next stop, and the police were there to arrest him.

And at the big N.S.A. station at Fort Gordon, technicians developed an automated service called “Where’s My Node?” that sent an email to an analyst every time a target overseas moved from one cell tower to another. Without lifting a finger, an analyst could follow his quarry’s every move.

The Limits of Spying

The techniques described in the Snowden documents can make the N.S.A. seem omniscient, and nowhere in the world is that impression stronger than in Afghanistan. But the agency’s capabilities at the tactical level have not been nearly enough to produce clear-cut strategic success there, in the United States’ longest war.

A single daily report from June 2011 from the N.S.A.’s station in Kandahar, Afghanistan, the heart of Taliban country, illustrates the intensity of eavesdropping coverage, requiring 15 pages to describe a day’s work.

The agency listened while insurgents from the Haqqani network mounted an attack on the Hotel Intercontinental in Kabul, overhearing the attackers talking to their bosses in Pakistan’s tribal area and recording events minute by minute. “Ruhullah claimed he was on the third floor and had already inflicted one casualty,” the report said in a typical entry. “He also indicated that Hafiz was located on a different floor.”

N.S.A. officers listened as two Afghan Foreign Ministry officials prepared for a meeting between President Hamid Karzai of Afghanistan and Iranian officials, assuring them that relations with the United States “would in no way threaten the interests of Iran,” which they decided Mr. Karzai should describe as a “brotherly country.”

The N.S.A. eavesdropped as the top United Nations official in Afghanistan, Staffan de Mistura, consulted his European Union counterpart, Vygaudas Usackas, about how to respond to an Afghan court’s decision to overturn the election of 62 members of Parliament.

And the agency was a fly on the wall for a long-running land dispute between the mayor of Kandahar and a prominent local man known as the Keeper of the Cloak of the Prophet Muhammad, with President Karzai’s late brother, Ahmed Wali Karzai, as a mediator.

The agency discovered a Taliban claim to have killed five police officers at a checkpoint by giving them poisoned yogurt, and heard a provincial governor tell an aide that a district police chief was verbally abusing women and clergymen.

A Taliban figure, Mullah Rahimullah Akhund, known on the United States military’s kill-or-capture list by the code name Objective Squiz Incinerator, was overheard instructing an associate to buy suicide vests and a Japanese motorbike, according to the documents.

And N.S.A. listened in as a Saudi extremist, Abu Mughira, called his mother to report that he and his fellow fighters had entered Afghanistan and “done victorious operations.”

Such reports flowed from the agency’s Kandahar station day after day, year after year, and surely strengthened the American campaign against the Taliban. But they also suggest the limits of intelligence against a complex political and military challenge. The N.S.A. recorded the hotel attack, but it had not prevented it. It tracked Mr. Karzai’s government, but he remained a difficult and volatile partner. Its surveillance was crucial in the capture or killing of many enemy fighters, but not nearly enough to remove the Taliban’s ominous shadow from Afghanistan’s future.

Mining All the Tidbits

In the Afghan reports and many others, a striking paradox is the odd intimacy of a sprawling, technology-driven agency with its targets. It is the one-way intimacy of the eavesdropper, as N.S.A. employees virtually enter the office cubicles of obscure government officials and the Spartan hide-outs of drug traffickers and militants around the world.

Venezuela, for instance, was one of six “enduring targets” in N.S.A.’s official mission list from 2007, along with China, North Korea, Iraq, Iran and Russia. The United States viewed itself in a contest for influence in Latin America with Venezuela’s leader then, the leftist firebrand Hugo Chávez, who allied himself with Cuba, and one agency goal was “preventing Venezuela from achieving its regional leadership objectives and pursuing policies that negatively impact U.S. global interests.”

A glimpse of what this meant in practice comes in a brief PowerPoint presentation from August 2010 on “Development of the Venezuelan Economic Mission.” The N.S.A. was tracking billions of dollars flowing to Caracas in loans from China (radar systems and oil drilling), Russia (MIG fighter planes and shoulder-fired missiles) and Iran (a factory to manufacture drone aircraft).

But it was also getting up-close and personal with Venezuela’s Ministry of Planning and Finance, monitoring the government and personal emails of the top 10 Venezuelan economic officials. An N.S.A. officer in Texas, in other words, was paid each day to peruse the private messages of obscure Venezuelan bureaucrats, hunting for tidbits that might offer some tiny policy edge.

In a counterdrug operation in late 2011, the agency’s officers seemed to know more about relations within a sprawling narcotics network than the drug dealers themselves. They listened to “Ricketts,” a Jamaican drug supplier based in Ecuador, struggling to keep his cocaine and marijuana smuggling business going after an associate, “Gordo,” claimed he had paid $250,000 and received nothing in return.

The N.S.A., a report said, was on top of not just their cellphones, but also those of the whole network of “buyers, transporters, suppliers, and middlemen” stretching from the Netherlands and Nova Scotia to Panama City and Bogotá, Colombia. The documents do not say whether arrests resulted from all that eavesdropping.

Even with terrorists, N.S.A. units can form a strangely personal relationship. The N.S.A.-G.C.H.Q. wiki, a top secret group blog that Mr. Snowden downloaded, lists 14 specialists scattered in various stations assigned to Lashkar-e-Taiba, the Pakistani terrorist group that carried out the bloody attack on Mumbai in 2008, with titles including “Pakistan Access Pursuit Team” and “Techniques Discovery Branch.” Under the code name Treaclebeta, N.S.A.’s hackers at Tailored Access Operations also played a role.

In the wiki’s casual atmosphere, American and British eavesdroppers exchange the peculiar shoptalk of the secret world. “I don’t normally use Heretic to scan the fax traffic, I use Nucleon,” one user writes, describing technical tools for searching intercepted documents.

But most striking are the one-on-one pairings of spies and militants; Bryan is assigned to listen in on a man named Haroon, and Paul keeps an ear on Fazl.

A Flood of Details

One N.S.A. officer on the Lashkar-e-Taiba beat let slip that some of his eavesdropping turned out to be largely pointless, perhaps because of the agency’s chronic shortage of skilled linguists. He “ran some queries” to read intercepted communications of certain Lashkar-e-Taiba members, he wrote in the wiki, but added: “Most of it is in Arabic or Farsi, so I can’t make much of it.”

It is a glimpse of the unsurprising fact that sometimes the agency’s expensive and expansive efforts accomplish little. Despite the agency’s embrace of corporate jargon on goal-setting and evaluation, it operates without public oversight in an arena in which achievements are hard to measure.

In a world of ballooning communications, the agency is sometimes simply overwhelmed. In 2008, the N.S.A.’s Middle East and North Africa group set about updating its Sigint collection capabilities. The “ambitious scrub” of selectors — essentially search terms — cut the number of terms automatically searched from 21,177 to 7,795 and the number of messages added to the agency’s Pinwale database from 850,000 a day to 450,000 a day.

The reduction in volume was treated as a major achievement, opening the way for new collection on Iranian leadership and Saudi and Syrian diplomats, the report said.

And in a note that may comfort computer novices, the N.S.A. Middle East analysts discovered major glitches in their search software: The computer was searching for the names of targets but not their email addresses, a rather fundamental flaw. “Over 500 messages in one week did not come in,” the report said about one target.

Those are daily course corrections. Whether the Snowden disclosures will result in deeper change is uncertain. Joel F. Brenner, the agency’s former inspector general, says much of the criticism is unfair, reflecting a naïveté about the realpolitik of spying. “The agency is being browbeaten for doing too well the things it’s supposed to do,” he said.

But Mr. Brenner added that he believes “technology has outrun policy” at the N.S.A., and that in an era in which spying may well be exposed, “routine targeting of close allies is bad politics and is foolish.”

Another former insider worries less about foreign leaders’ sensitivities than the potential danger the sprawling agency poses at home. William E. Binney, a former senior N.S.A. official who has become an outspoken critic, says he has no problem with spying on foreign targets like Brazil’s president or the German chancellor, Angela Merkel. “That’s pretty much what every government does,” he said. “It’s the foundation of diplomacy.” But Mr. Binney said that without new leadership, new laws and top-to-bottom reform, the agency will represent a threat of “turnkey totalitarianism” — the capability to turn its awesome power, now directed mainly against other countries, on the American public.

“I think it’s already starting to happen,” he said. “That’s what we have to stop.”

Whatever reforms may come, Bobby R. Inman, who weathered his own turbulent period as N.S.A. director from 1977 to 1981, offers his hyper-secret former agency a radical suggestion for right now. “My advice would be to take everything you think Snowden has and get it out yourself,” he said. “It would certainly be a shock to the agency. But bad news doesn’t get better with age. The sooner they get it out and put it behind them, the faster they can begin to rebuild.”

November 2, 2013
By SCOTT SHANE

Find this story at 2 November 2013

© 2013 The New York Times Company

• Secret deal places no legal limits on use of data by Israelis
• Only official US government communications protected
• Agency insists it complies with rules governing privacy
• Read the NSA and Israel’s ‘memorandum of understanding’

The agreement for the US to provide raw intelligence data to Israel was reached in principle in March 2009, the document shows. Photograph: James Emery

The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.

Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.

The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process “minimization”, but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.

The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.

The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies “pertaining to the protection of US persons”, repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.

But this is undermined by the disclosure that Israel is allowed to receive “raw Sigint” – signal intelligence. The memorandum says: “Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content.”

According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. “NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection”, it says.

Although the memorandum is explicit in saying the material had to be handled in accordance with US law, and that the Israelis agreed not to deliberately target Americans identified in the data, these rules are not backed up by legal obligations.

“This agreement is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law,” the document says.

In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy.

“Any US person information that is acquired as a result of NSA’s surveillance activities is handled under procedures that are designed to protect privacy rights,” the spokesperson said.

The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.

The memorandum of understanding, which the Guardian is publishing in full, allows Israel to retain “any files containing the identities of US persons” for up to a year. The agreement requests only that the Israelis should consult the NSA’s special liaison adviser when such data is found.

Notably, a much stricter rule was set for US government communications found in the raw intelligence. The Israelis were required to “destroy upon recognition” any communication “that is either to or from an official of the US government”. Such communications included those of “officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)”.

It is not clear whether any communications involving members of US Congress or the federal courts have been included in the raw data provided by the NSA, nor is it clear how or why the NSA would be in possession of such communications. In 2009, however, the New York Times reported on “the agency’s attempt to wiretap a member of Congress, without court approval, on an overseas trip”.

The NSA is required by law to target only non-US persons without an individual warrant, but it can collect the content and metadata of Americans’ emails and calls without a warrant when such communication is with a foreign target. US persons are defined in surveillance legislation as US citizens, permanent residents and anyone located on US soil at the time of the interception, unless it has been positively established that they are not a citizen or permanent resident.

Moreover, with much of the world’s internet traffic passing through US networks, large numbers of purely domestic communications also get scooped up incidentally by the agency’s surveillance programs.

The document mentions only one check carried out by the NSA on the raw intelligence, saying the agency will “regularly review a sample of files transferred to ISNU to validate the absence of US persons’ identities”. It also requests that the Israelis limit access only to personnel with a “strict need to know”.

Israeli intelligence is allowed “to disseminate foreign intelligence information concerning US persons derived from raw Sigint by NSA” on condition that it does so “in a manner that does not identify the US person”. The agreement also allows Israel to release US person identities to “outside parties, including all INSU customers” with the NSA’s written permission.

Although Israel is one of America’s closest allies, it is not one of the inner core of countries involved in surveillance sharing with the US – Britain, Australia, Canada and New Zealand. This group is collectively known as Five Eyes.

The relationship between the US and Israel has been strained at times, both diplomatically and in terms of intelligence. In the top-secret 2013 intelligence community budget request, details of which were disclosed by the Washington Post, Israel is identified alongside Iran and China as a target for US cyberattacks.

While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel.

“Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge,” states the report, titled ‘History of the US – Israel Sigint Relationship, Post-1992′. “In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA’s only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner.”

In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. “On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems,” the official says. “A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US.”

Later in the document, the official is quoted as saying: “One of NSA’s biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended.”

The memorandum of understanding also contains hints that there had been tensions in the intelligence-sharing relationship with Israel. At a meeting in March 2009 between the two agencies, according to the document, it was agreed that the sharing of raw data required a new framework and further training for Israeli personnel to protect US person information.

It is not clear whether or not this was because there had been problems up to that point in the handling of intelligence that was found to contain Americans’ data.

However, an earlier US document obtained by Snowden, which discusses co-operating on a military intelligence program, bluntly lists under the cons: “Trust issues which revolve around previous ISR [Israel] operations.”

The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.

In its statement, the NSA said: “We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations.

“NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information.”

Glenn Greenwald, Laura Poitras and Ewen MacAskill
The Guardian, Wednesday 11 September 2013 15.40 BST

Find this story at 11 September 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Since 9/11, the New York City Police Department has established an intelligence operation that in some ways has been even more aggressive than the National Security Agency. At its core is a spying operation targeting Arab- and Muslim-Americans where they live, work and pray. The NYPD’s “Demographics Unit,” as it was known until 2010, has secretly infiltrated Muslim student groups, sent informants into mosques, eavesdropped on conversations in restaurants, barber shops and gyms, and built a vast database of information. The program was established with help from the CIA, which is barred from domestic spying. Just last month, it emerged the NYPD has labeled at least 50 Muslim organizations, including a dozen mosques, as terrorist groups. This has allowed them to carry out what are called “Terrorism Enterprise Investigations,” sending undercover informants into mosques to spy on worshipers and make secret recordings. We’re joined by the Pulitzer-winning duo who exposed the NYPD’s spy program, Associated Press reporters Matt Apuzzo and Adam Goldman, co-authors of the new book, “Enemies Within: Inside the NYPD’s Secret Spying Unit and Bin Laden’s Final Plot Against America.” We’re also joined by Linda Sarsour, executive director of the Arab American Association of New York, which was among the groups targeted by the NYPD.
Transcript

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

AARON MATÉ: Yes, well, it’s been 12 years since the 9/11 attacks, but only now is a full picture emerging of what could be one of its most controversial legacies. In the aftermath of 9/11, the New York City Police Department established an intelligence operation that in some ways has even been even more aggressive than the National Security Agency. At its core, a spying operation targeting Muslim Americans, where they live, work, and pray. The NYPD’s demographics unit, as it was known until 2010, has a secretly infiltrated Muslim student groups, sent informants into mosques, eavesdropped on conversations and restaurants, barber shops, and gyms, and built a vast database of information on Muslim Americans. The program was established with help from the CIA, which is barred from spying on Americans.

AMY GOODMAN: Just last month, it emerged that the NYPD has labeled at least 50 Muslim organizations including a dozen mosques as terrorist groups. This has allowed them to carry out what are called terrorism enterprise investigations, sending undercover informants into mosques to spy on worshipers and make secret recordings. That news came just weeks after a group of Muslim Americans filed a federal lawsuit against the NYPD’s spy program, alleging what they call unconstitutional religious profiling and suspicionless surveillance. At a news conference, plaintiff Asad Dandia described his run-in with the man who turned out to be a police informant.

ASAD DANDIA: In March of 2012, I was approached by a 19-year-old man. He came to me telling me that he was looking for spirituality, and that he was looking to change his ways. He said he had a very dark past and wanted to be a better practicing Muslim. So, I figured what better way to have him perform his obligations than to join this organization? In October of 2012 he released a public statement saying he was an informant for the NYPD. When I found out, I had a whole mixture of feelings. Number one, I was terrified and I was afraid for my family, especially my younger sisters who were exposed to all of this. I felt betrayed and hurt because someone I took in as a friend and brother was lying to me.

AARON MATÉ: That’s Asad Dandia, one of the plaintiffs in the suit by Muslim Americans against the NYPD for spying. Arguments in the case began last week. While the spy program has been intrusive, it has also been ineffective. The NYPD has even admitted that the demographics unit failed to yield a single terrorism investigation or even a single lead. In a deposition last year, the commanding officer of the intelligence division, assistant NYPD chief, Thomas Galati, said “I could tell you that I have never made a lead from rhetoric that came from a Demographics report and I’m here since 2006. I don’t recall other ones prior to my arrival.”

AMY GOODMAN: Well, the NYPD spy program was first exposed in a Pulitzer Prize-winning series by the Associated Press. Two lead reporters on the story have just come out the new book that expands on their ground breaking reporting. Their book is called, “Enemies Within: Inside the NYPD’s Secret Spying Unit and Bin Laden’s Final Plot Against America.” Co-authors Matt Apuzzo and Adam Goldman join us here in New York. They shared the 2012 Pulitzer Prize for investigative reporting. We welcome you both to Democracy Now! Matt, lay it out. Lay out this book for us. In a nutshell, how you got on this story, and what you found.

MATT APPUZO: Sure, well, our book really goes a lot deeper and a lot broader than we were able to do even in all the many stories we wrote for the AP. What we really focused on is how in the aftermath of 9/11, about how the NYPD working hand-in-hand with the CIA, built an intelligence apparatus that focuses on American citizens like no other police department in the country. This active-duty CIA officer and a retired CIA officer built in apparatus by which, you know, a sort of army of informants is out there and we have these demographics officers who their job is just to hang out in neighborhoods and listen for what people are talking about.

Some of what we have seen in these files, it’s a file says, we saw two men speaking at a cafe and they were talking about what they thought about the president’s state of the union address, and here’s what they thought. What do they think about drones, what do they think about foreign policy, what do they think about American policies toward civil liberties, you know, TSA. Are we too discriminatory against Muslims? All the stuff ends up in police files and their justification is, we need to know what the sentiment of these communities are so we can look for hotspots.

AARON MATÉ: Adam, talk to us about how this plays out. So, you have NYPD Commissioner, Ray Kelly, working with David Cohen from the CIA, and they set out to create basically a map of all New York’s ethnic neighborhoods?

ADAM GOLDMAN: Yeah, that’s right, I mean, that is what the demographics unit was doing. They wanted to literally map the human terrain of the five boroughs of New York. And they went beyond too, they went into Newark, they went into other places as well; Newark, New Jersey. So, they had this fear after 9/11, and they looked out into the Queens and Brooklyn and these other places where there were a lot of Muslim Americans and thought, we don’t know much about these communities and they looked, as an example, at people like Mohammed Atta, who was one of the 9/11 hijackers. Mohammed Atta had radicalized, he had grown more religious, and he was — he had given off the signals in front of the community, and they wanted to be in the communities in New York, so if there is anyone like Mohammed Atta, in fact anybody who was radicalizing they would have listening posts. They would have eyes and ears in the community to pick up on that.

AMY GOODMAN: One of the things you write about is how the undercover officers would go to the best Arab food restaurants, not coming up with leads, but because the food was good and just “spy” there.

ADAM GOLDMAN: We found a lot that these plainclothes officers working with the demographics unit were gravitating toward the better restaurants. There is a bakery, the Damascus Bakery in Brooklyn that serves excellent pastries. There is a kebab house in Flushing, Queens that serves excellent kebab. And what the commanding officer in charge of the demographics unit started to see was there were many reports being filed from similar locations. And how do spend you $40 at the pastry shop? And so, eventually, he determined they were going there, following these reports, simply because the food was good.

AMY GOODMAN: Matt Appuzo, talk about the main players here. Talk about Larry Sanchez, talk about David Cohen who’d come from the CIA and went to the NYPD.

MATT APPUZO: Sure, Ray Kelly comes on board as police commissioner after 9/11, and says, look, we can’t rely solely on the federal government. And I think really smartly said, we can’t do business as usual. We need to start developing our own intelligence and have a better sense of what is going on in the city. So, the guy he hired to do that is a man named Dave Cohen, who we profile really deeply in the book, who made his career at the CIA, rose to the level of the deputy director for operations, basically a nation’s top spy.

So, he retired as the head of the clandestine service. And he was basically recruited out of retirement to start what is, basically a mini-CIA at the NYPD. One of Cohen’s first things, is he then calls down to the CIA and says, hey, I need an active-duty guy who can be my right-hand man. George tenet, the director of the CIA, sends Larry Sanchez to New York. And Larry is this very likable guy, skydiver, scuba diver, a guy’s guy, and he’s active duty, so he’s got a blue CIA badge. So, he can start the morning — early morning at the CIA station in New York and then kind of go over to the NYPD and he is directing domestic operations for NYPD and he is telling officers how to do collection or where to focus their efforts. And he really was the architect of the demographics unit. So, this guy, active-duty for the CIA, was really the intellectual father of the demographics unit.

AMY GOODMAN: We’re going to break and then come back to this discussion. We are speaking with the prize-winning reporters Matt Apuzzo and Adam Goldman, who have written the book, “Enemies Within: Inside the NYPD’s Secret Spying Unit and Bin Laden’s Final Plot Against America.” We will be back with them in a moment.

[Music]

AMY GOODMAN: Our guests are Matt Apuzzo and Adam Goldman, reporters for the Associated Press, co-authors of the brand-new book, “Enemies Within: Inside the NYPD’s Secret Spying Unit and Bin Laden’s Final Plot Against America.” We are also joined by Linda Sarsour. She is here in New York City, a leading Arab-American activist with the Arab American Association of New York, a national network for Arab American communities. I’m Amy Goodman with Aaron Maté.

AARON MATÉ: Well, before break, we were talking about Larry Sanchez who came to the NYPD from the CIA. Let’s turn to a part of a 2007 hearing before the Senate Committee on Homeland Security and Government Affairs that looked at the NYPD’s counterterrorism efforts. This is, then Senator, Joe Lieberman questioning New York City Assistant Police Commissioner Larry Sanchez, the analyst who came to the NYPD from the CIA.

JOSEPH LIEBERMAN: I’m paraphrasing, but I think you said that the aim of this investigation and of the NYPD was not just to prevent terrorist attacks, obviously, post-9/11 in New York City, but to try to prevent — understand and then prevent the radicalization that leads to terrorist attacks. So, in the end of it, what are the steps that you come away with that you feel in this very usual area, unremarkable people, not on the screen of law enforcement — how do you begin to try to prevent the radicalization that leads to terrorism?

LARRY SANCHEZ: Let me try to answer this way; the key to it was, first, to understand it, and to start appreciating what most people would say would be noncriminal, would be innocuous, looking at behaviors that could easily be argued in a western democracy, especially in the United States, to be protected by First and Fourth Amendment rights, but not to look at them in a vacuum, but to look across to them as potential precursors to terrorism. New York City, of course, has created its own methods to be able to understand them better, to be able to identify them and to be able to make judgment calls if these are things that we need to worry about.

AARON MATÉ: That’s Larry Sanchez, testifying in 2007. Matt Apuzzo?

MATT APPUZO: Adam and I have watched that clip and read the transcript, I don’t know, dozens of times, and one of our great regrets is that this happened in 2007 and nobody, and including us, said, hey, that guy just got up and said stuff that is protected by the First Amendment shouldn’t be viewed as such and should be viewed as potential precursor to terrorism and that the NYPD has these sort of unspecified methods to decide how to ferret that out. I kind of watch that now, and I remember when that happened, and now I’m kind of like, how the heck did I not — how did the reporter in me not say, geez, well what are these methods? Why the heck did it take four years before…? You know, Adam and I look back now and we’re like, jeez, they told us they were doing this stuff, they told us — they laid it all out there. And why weren’t we as journalists, as a public, more skeptical and why weren’t we willing to ask more questions?

AMY GOODMAN: The FBI, Adam Goldman, and the NYPD were also competing with each other, so much so they were going to sue each other. Can you explain what was happening?

ADAM GOLDMAN: Well, there was enormous friction between the FBI and the NYPD, mainly the NYPD intelligence division. And these two outfits would sometimes not work in harmony. Mainly because Dave Cohen thought that the intelligence division and his detectives should go on their own. He didn’t want to be part of the part of what they called group think. So, they said, look, we’ll go out and we’re going to investigate and if we find something, we’;ll bring it to you. But, the problem with doing that is that, sometimes these investigations were in late stages and the FBI had concerns about how they had developed these cases. And it flared up in the newspaper. And in the end, the FBI felt like, look, you just can’t go out and do your own thing. We’re going to stop this, we got to work as a team and that is how you build — cooperation is how you build stronger cases.

AARON MATÉ: Matt, and the spying of course, also extended beyond the Muslim community. There’s reports in your book about spying on left-wing activists, on bicycle protests?

MATT APPUZO: Yeah, so, everybody remembers the bombing of the Times Square recruiting station. The pipe bomb, thankfully didn’t injure injure anyone, but it was 3:00 in the morning and blew out a window. Well, in the aftermath of that, the NYPD, and we’ve seen this in the files, the NYPD did an investigation were they said, you know, we have identified this blog that posts links to protests, news stories about protests and pictures of protests all around the world, confrontations, anarchist protests, radical protests, people throwing people throwing Molotov cocktails. That’s what this blog does, and they said, boy, that blog had a link up to a Fox news story about the Times Square bombing within three hours. And to the NYPD, the three hours seemed awfully quick. And so, they said, well, maybe that suggests that the guy who runs the blog knew in advance. And it turns out that at one point years earlier, one of the guys who ran the blog, this guy named Dennis Burke, he had ties to Critical Mass, the guys who ride the bikes, and Time’s Up New York, the protest group in New York City.

AMY GOODMAN: And friends of Brad Will.

MATT APPUZO: And friends of Brad Will, the group that wants to get to the bottom of the death of American journalists in Mexico. So, they actually open an investigation based on those facts. They open an investigation not only into Burke, but also into his associates in these other groups. And so, they infiltrated the Times Up guys, the Critical Mass guys, the Friends of Brad Will. They actually sent an undercover officer as part of this investigation out to the People’s Summit in New Orleans, which is a group of sort of anti-globalization groups, and the NYPD was there. Because of this investigation into the bombing, they actually put into the files, people who were organized — labor organizing for nannies, people who were talking about the Palestinian conflict with the Israelis, people who are writing newsletters from, sort of, left-wing organizations, this stuff that had no connection — nobody believed there was any connection to the bombing, but it just shows you how this stuff spirals away from its central focus.

AMY GOODMAN: Linda Sarsour, can you talk about, as your with the Arab-American Association of New York, how the investigations that the NYPD was conducting that Adam and Matt are describing, affected you and your community?

LINDA SARSOUR: So, Adam and Matt basically confirmed everything that our community already knew was happening, at least since immediately after 9/11. And the terrorist enterprise investigations that you heard also included, I believe, my organization. And what the NYPD wanted to do to my organization, they clearly lay this out in a secret document, they wanted to recruit a confidential informant to sit on my board. So, not only were they creating listening posts and going into our restaurants, coming to our events, coming — acting as clients in our organization, they wanted to actually have someone who would be a deciding figure on my board, have access donors, have access to information, access to financial information, and I think that we keep learning that the program is just more outrageous. And what it does is it creates psychological warfare in our community.

How am I supposed to know if the NYPD was successful in that endeavor? That’s number one. Number two is, the community, right now, is in a position where, how do we even know the guy next to us that’s praying at the mosque or the guy at the restaurant that’s like trying to open a conversation with us about something that is happening in Egypt, for example, and for those people who know, Arabs, particularly, we love to talk about politics. And a lot of our families came to the United States so we could have a place to practice our religion freely, to have our own political views, and now that we know that the NYPD wants to hear what our sentiment is, people probably don’t want to share their sentiment.

The most disturbing of all is our Muslim student association who are calling us to consult about how political should their events be. Now, when I was in college, I wanted my events to be as political as possible. And if they weren’t, I wanted to figure out how to make them controversial. And the fact that our students feel that they can’t do that because there are going to be NYPD informants, because they can be taken out of context and because they think that something like what happened to Fahad Hashmi is going to happen to them, I think it is a valid concern.

So, I’m a New Yorker and I hope others are outraged to know that the New York Police Department is spying on innocent Americans in their neighborhood. The last point that I want to make is that these terrorist investigations, what happens is, is that if they open one, anyone who comes into that facility that’s under investigation is subject to that investigation. So, if my organization has this terrorist enterprise investigation, that means every client, every staff member, every family member, every vendor that we work with is subject to this investigation by the New York Police Department.

AMY GOODMAN: Tell us about the NYPD Soccer League.

LINDA SARSOUR: A program that the NYPD touts as a community outreach program, and something we that believed as a community we were involved in because we wanted to get kids off the street, we wanted kids to play sports and it was organized sports competition between kids from different boroughs. It was fun. We joined, as the Arab American Association of New York. We had a team, Brooklyn United. In 2009 we beat the Turks from Queens, and it was great, and it was fun, and we have a huge trophy from the New York Police Department. What we learned later learned through secret documents is that the New York Police Department was using a sports league — now imagine that your child is part of this league and is being spied on by the New York Police Department. And what the New York Police Department did is they actually mapped out for you two different documents. One was, where did the South Asians play cricket and watch cricket, and where did the Arabs play soccer and watch soccer? For those of you who know soccer, Arabs are not the only ones that play soccer. Definitely not in New York City anyway.

So, I feel the information just gets more outrageous that even something as simple as sports, as playing soccer, is something that is under the terrain of the New York Police Department, that our kids were subject to intelligence gathering and spying by the New York Police Department when all they wanted to do was beat some people or some other kids in another borough. And I think our kids, right now, you know, their families are like what’s this. How am I supposed to explain to them that I didn’t know, that I was not — that I had no intention of subjecting their children to intelligence gathering by the New York Police Department? And so, I personally get put in a situation that Commissioner Kelly and his people put us in. And actually the Arab officers who worked in the Community Affairs Department, I don’t know if they knew, but if they did know, shame on them for allowing us to be a part of something where they knew had ultimate if reasons.

AARON MATÉ: Now, Linda, hear in New York, there is obviously a lot of public protest against stop-and-frisk. How has it been to organize resistance to this spying on your community? What are you finding in terms of the public’s perception to this program?

LINDA SARSOUR: In New York right now, and I think in the country as a whole, I think that you’ll find it is more likely for people to say, oh, stopping 685,000 blacks and Latino young people, that’s a little racist, you know, that’s kind of a little too much. I think we’re finding more people, and I’m part of the stop-and-frisk movement as a person who is not black or Latino. So, I’ve seen that sentiment. But, with the spying, it has been hard to get people to understand that it is the same thing. They are both discriminatory policies that target communities of color. No matter what way somebody tries to explain it to me.

The problem with our movement is that it’s framed in the sense of personal security, so people are like, well, if you are not doing anything wrong, what’s the problem? What’s the inconvenience of some guy who listens to, like, your conversations. And I think that’s where the fundamental principles of who we are as Americans and what our rights are, right to privacy — I shouldn’t have to worry about working in an organization that — that’s infiltrated by the New York Police Department. I hope no one else has to worry about that. But, it’s been a little difficult for us to organize around this, but continue to do so.

AMY GOODMAN: Speaking to MSNBC last month, New York Police Commissioner Ray Kelly responded to the report by our guests Matt Appuzo and Adam Goldman that the NYPD has labeled mosques as terrorist organizations. Kelly insisted the NYPD’s operations are legal.

RAYMOND KELLY: I haven’t seen the story, but they’re hyping a book coming out next week. Actually, the book is based on a compilation of about 50 articles that two AP reporters did on the department. It’s a reflection of the articles and the book will be a fair amount of fiction, it will be half-truths, it will be lots of quotes from unnamed sources. And our sin is to have the temerity, the chutzpah, to go into the federal government’s territory of counter-terrorism and trying to protect the city by supplementing what the federal government has done.

JOE SCARBOROUGH: You do agree that entire mosques should not be labeled terrorist organizations, right?

RAYMOND KELLY: Absolutely, of course, of course. And again, we do according to law, what we are investigating, and how we investigated is now pursuant to a federal judge’s direction.

AMY GOODMAN: That’s New York Police Commissioner Ray Kelly, who is reportedly one of the people being considered to head the Department of Homeland Security. Adam Goldman, there was a lot there, accusations that your reports are fiction and based on unnamed sources. Go ahead.

ADAM GOLDMAN: Well, one of the things we tried to do with this book that the NYPD doesn’t do is we tried to be incredibly transparent. If Ray Kelly gets the chance, he can read the book, he’ll find that many people spoke on record about what the NYPD was doing. Named individuals, including Hector Berdecia who ran the demographics unit. Another thing we tried to do is end note all these secret documents that were leaked to us so the reader themselves can go and look at the end note and then go to our website, enemieswithinbook.com, and read the secret files them self, and come to their own conclusions. So we lay all that out and in an effort to be completely transparent. The book is, as The Wall Street Journal said, assiduously reported. The other point I’d like to make about Ray’s comments is that he won’t engage with us on the book and he’s never engaged with us either on the book or our reporting. And Matt and I went to great lengths in the book to make a good case for why the NYPD felt like they needed these programs in the aftermath of 9/11.

AMY GOODMAN: Talk about the head of the demographics unit who then came to be completely disturbed about what his unit was doing.

ADAM GOLDMAN: Yeah, he was guy, he was a legendary narcotics detective. I mean, he was taking down drug dealers, taking guns off the streets. He was also a military reservist.

AMY GOODMAN: His name?
>> Hector Berdecia. And after 9/11, he spent time in Iraq and he was there post-invasion. And he came back to New York and they offered him this job to run this secretive unit that he was unfamiliar with. And he took this job. And he felt that, you know, hey, there are bad guys in New York, there are bad guys in New York, there’s Al Qaeda in New York, and he believed it. He, himself, had said himself he sort of drank the Kool-Aid. As he went on running this unit, he began to get frustrated and he began to see that he had really talented detectives, right, with really great language skills, right, and they weren’t making any cases. It was just and effective way — it was more about effectiveness, is this an effective way to use resources of talented police investigators? These were guys who are used to putting bad guys in jail, right? Taking drugs off the street, taking guns off the streets. Guns kill people. And he, instead, was writing intelligence reports about what people think of the state of the union address. And eventually, I think he got frustrated and disillusioned with the program.

AARON MATÉ: Matt, can you talk about the issue of oversight? First of all, this raises a lot of civil rights issues. Has there been a response from White House or from the Justice Department? And then also talk about what kind of oversight exists here in the city.

AMY GOODMAN: Right, and what — is this happening now?

MATT APPUZO: Everything that we talk about in the book, with the exception of a few sort of ancillary programs, but the core of the book, to our knowledge, is still happening now. Fascinating the issue of oversight, the NYPD gets money from the City Council every year, obviously, the City Council never held a hearing to actually look into the intelligence division’s programs. They have never been subjected to an audit. The intelligence division gets money from the White House under a drug trafficking grant. The White House says, we don’t have any — we don’t know what the money is used for. You can’t hold us to account with what the NYPD does with our money. Congress has funded these programs. They don’t know, they’re not equipped to know, they don’t ask. Homeland Security and the Department of Justice have spent $1 billion, $2 billion at the NYPD since 9/11. They say they don’t know what goes on, and the way the grants are set up they they don’t have the ability to know.

There is essentially, no outside oversight at the NYPD intelligence division. The programs are opened in house. They don’t have to be approved by a judge, they don’t have to be approved by a prosecutor. Kelly likes to talk about we have all the federal prosecutors and the district attorney, but they don’t actually decide when the Intel division can open the case. So there isn’t the kind of outside review that you would see at the CIA or the FBI. And, you know what, from our standpoint, the lack of transparency, the fact this was all done in secret with no public airing, was really what drove us to write this book, because you can’t — people can’t give their informed consent to a program that they don’t know exists, they don’t know what they’re giving up, they don’t know what they’re getting in exchange.

AMY GOODMAN: Very quickly, as we come to the end of this conversation, Najibullah Zazi, of course, a key figure in your book?

MATT APPUZO: The book, in its essence, is a thriller book, I mean, it’s a chase. This is essentially 48 hours inside New York City as the entire intelligence apparatus of the United States tries to unravel the most serious Al Qaeda plot since 9/11, inside the United States, three young men led by Najibullah Zazi, with a bomb, bearing down on the New York City subways, had this been successful, it would caused hundreds if not thousands of fatalities. And we take a real hard look, a real critical look — or we think a thorough look, at what works and what doesn’t. And what we found is at every opportunity, that Zazi is interacts with these intelligence programs of the NYPD Intelligence Division, the [Unintelligible].

AARON MATÉ: They were in his neighborhood.

MATT APPUZO: They were in his neighborhood, they were in his mosque, they had turned his Imam into a cooporative, they had an undercover in his mosque, they were in his co-conspirator student group, they were in all the restaurants in his neighborhood, they were in the travel agency where he bought tickets to go to Pakistan — the train. This was not a failure of resources and manpower.

AMY GOODMAN: So, what happened?

MATT APPUZO: Well, they didn’t — they missed him. Well, you have to read the book to find out how they stop him, come on. The subways don’t blow up, so the real rush is good collaboration, good cooperation is what saves the day.

AMY GOODMAN: And Adam, what most surprised you in doing this series of articles? You did scores of articles, and of course, the book is more than the compilation of the articles.

ADAM GOLDMAN: I think what most surprised us is while we were doing the series that led to the Pulitzer, we knew they were in the mosques and we knew they had informants in the mosques, they had under covers in the mosques. And Ray said, well, we’re just following leads, and this is all legal. That’s been Ray’s — that’s Ray’s phrase, it’s all legal. And we didn’t really didn’t understand how is this all legal. How can you just be a mosque?

AMY GOODMAN: People might be surprised that the CIA is involved in local surveillance.

ADAM GOLDMAN: Right, right. Then while we were reporting at the book we obtained documents this is how they were doing it. We learned about the terrorism enterprise investigation. And so, now, holistically, we understood, oh, right, so, they open this investigation on sometimes reed-thin suspicions and they use that to gather their intelligence on these mosques — the leadership of the mosques for years and years and years and years. They never made a terrorism enterprise case. And by designating the mosque a terrorism enterprise, they could send in their informants and undercovers, you now, they send in people with spy gadgets, listening devices in their watches and their [] and that was really extraordinary. I want to make a point —- one last point about Ray, and why we make the -—

AMY GOODMAN: Ray Kelly, the Commissioner.

ADAM GOLDMAN: Ray Kelly, and why we wrote this book. We’re not questioning Ray Kelly’s patriotism, and we’re not questioning his authority as Police Chief to keep this city better. I guess what we’re doing is, and maybe to use one of Ray’s words, is it’s chutzpah. I guess we have the chutzpah to ask questions about what the police department is doing and whether these tactics work.

AMY GOODMAN: We’re going to leave it there, but we will continue to talk to you as you continue to uncover what is taking place. I want to thank you both for being with us, and congratulations on your Pulitzer for your series of articles. The new book is, “Enemies Within: Inside the NYPD’s Secret Spying Unit and Bin Laden’s Final Plot Against America.” Matt Apuzzo and Adam Goldman. And thank you so much, Linda Sarsour; Arab American Association of New York and the National Network for Arab American Communities. This is Democracy Now!, democracynow.org, The War and Peace Report. When we come back, we look at a terrorist attack that occurred 50 years ago this past Sunday. It was September 15, 1963, and it happened in the Birmingham Baptist Church. Four little girls were the fatalities. We’re going to speak to the fifth who did not die, but lost her eye. We’ll go to Birmingham, Alabama. Stay with us.

Tuesday, September 17, 2013

Find this story at 17 September 2013

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.

Despite assurances from President Obama, the scandal around the National Security Agency continues to grow. The Guardian reports the NSA has routinely passed raw intelligence to Israel about U.S. citizens. “The NSA was sharing what they call raw signals intelligence, which includes things like who you are calling and when you are calling, the content of your phone call, the text of your emails, your text messages, your chat messages,” says Alex Abdo of the American Civil Liberties Union. “It sounds like all of that was handed over.” Abdo also discusses the ACLU’s successful fight to force the government to declassify documents that show the NSA wrongly put 16,000 American phone numbers on an “alert list.”
Transcript

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

JUAN GONZÁLEZ: The Guardian newspaper reported Wednesday the National Security Agency routinely has passed raw intelligence to Israel without first removing details about U.S. citizens. Documents leaked by NSA contractor Edward Snowden revealed details of a secret intelligence-sharing agreement between the NSA and its Israeli counterpart, that shows the U.S. government handed over intercepted communications containing phone calls and emails of U.S. citizens. The agreement places no legally binding limits on the use of the data by the Israelis.

Meanwhile, newly declassified documents show the NSA wrongly put 16,000 phone numbers on an “alert list” so their incoming calls could be monitored in violation of court-ordered privacy protections.

AMY GOODMAN: When the NSA notified the Foreign Intelligence Surveillance Court about the error, Judge Reggie Walton of the Foreign Intelligence Surveillance Court wrote, quote, “The court is exceptionally concerned about what appears to be a flagrant violation of its order in this matter.” The documents were declassified after a long fight with the Electronic Frontier Foundation and the American Civil Liberties Union that filed a Freedom of Information Act lawsuit two years ago.

In other NSA news, Brazilian President Dilma Rousseff is facing pressure at home to cancel an upcoming state visit to the White House after documents leaked by Snowden revealed the NSA had hacked into the computer networks of Brazil’s state-run oil company Petrobras. On Wednesday, President Obama’s national security adviser, Susan Rice, met with Brazilian Foreign Minister Luiz Alberto in an attempt to smooth relations between the countries.

To talk more about all of these latest developments, we’re joined by Alex Abdo. He is staff attorney at the National Security Project at the American Civil Liberties Union.

Alex, let’s take these in order. The information about the NSA, the U.S. intelligence agency, handing over raw data that it’s collected—legally or illegally, I think remains to be determined—to Israel, can you explain what’s taken place?

ALEX ABDO: It’s difficult to explain. And it’s, you know, of course, not surprising that the NSA is sharing foreign intelligence with our intelligence partners, but what’s troubling is that along with the foreign intelligence is information about innocent Americans that hasn’t been taken out of the data that’s being shared with our intelligence partners. And it’s troubling for a couple of reasons, the first of which, we haven’t known about this, and this may have been going on for years, and the second of which, there’s no avenue for Americans, innocent Americans who are swept up into these dragnets and have their information handed over to our intelligence partners, to stop that flow of information, to assert their rights and prevent it. So this has been going on for some time, it seems, and it raises new questions about the NSA’s—the extent to which we should trust the NSA with information, very sensitive, about innocent Americans.

JUAN GONZÁLEZ: And what limitations were placed on the information that was—that was handed over to the Israelis, in terms of what they could do with it or how long they could hold it?

ALEX ABDO: Well, based on the documents that were released, it seems as though we basically had a “trust us” regime in place for the sharing of data with Israel. And that’s cold comfort, I think, to the potentially thousands or millions of Americans who find their way into these international surveillance dragnets of the NSA. But there’s simply no way of knowing right now how many Americans were affected, how the information was used, or what other measures the NSA may have taken or may not have taken to protect our privacy.

AMY GOODMAN: And what the information was that was handed over, is it the actual—is it the metadata of phone calls, who you called, when you called them? Is it the actual phone call?

ALEX ABDO: It sounds as though it was all of that. The NSA was sharing what they call raw signals intelligence, which includes things like who you’re calling and when you’re calling, but also the content of your phone calls, the text of your emails, your text messages, your chat messages. It sounds as though all of that was handed over in what they call this raw intelligence.

AMY GOODMAN: And who was targeted?

ALEX ABDO: It’s hard to say. It sounds as though the information sharing was indiscriminate, that they handed over large amounts of information without actually targeting at the outset, and allowing the Israeli analog to the NSA to then scour this information for what was useful. And like I said, they, you know, apparently had in place a clause asking Israel not to abuse this information, but there really didn’t seem to be any legally enforceable way to prevent Americans’ privacy from being violated in the course of this intelligence sharing.

JUAN GONZÁLEZ: Now, the documents you have referred to appear between 2006 and 2009, which would be the tail end of the Bush administration, but your battle to get access to the documents occurred during the Obama administration. Can you talk about that battle to be able to get these documents released?

ALEX ABDO: Sure. In 2011, two senators, Senators Wyden and Udall, started raising red flags, warnings to America about a secret interpretation that the government was relying on to collect an extraordinary amount of information about innocent Americans. And on the heels of that discussion, the ACLU and other organizations, including the Electronic Frontier Foundation, filed requests with the government for these secret interpretations of law. And the Obama administration, which had come into power on a promise of a new era of transparency, fought bitterly to keep these documents secret for years. And they were—it’s actually a bit ironic. In the midst of the disclosures, Obama was in the course of defending very vigorously in court extreme secrecy about these very same documents that were released two days ago. So, it’s—the secrecy was troubling. The fact that they’re now public is a good first step toward greater transparency, but this is information that did not come easily out of the Obama administration.

AMY GOODMAN: One of the documents released was a March 2nd, 2009, court order written by Judge Reggie Walton, now the presiding judge on the Foreign Intelligence Surveillance Court. Walton writes of the NSA’s bulk collection of phone records, quote, “To approve such a program, the Court must have every confidence that the government is doing its utmost to ensure that those responsible for implementation fully comply with the Court’s orders. The Court no longer has such confidence.” This is the judge.

ALEX ABDO: This is extremely troubling, and it should be very disturbing. We have trusted for years a secret and one-sided judicial process to safeguard Americans’ right to privacy when it comes to NSA surveillance. And the disclosures over the past few months have confirmed that we shouldn’t trust that system to safeguard our right to privacy. And at the end of the day, the battle is between a system in which the NSA is required to go to court to engage in lawful surveillance versus the system that it has now, where it rarely has to go to court to spy even on innocent Americans. And we shouldn’t have confidence in that system, and now we know that there are even more reasons than we suspected not to have confidence in the system. But at the end of the day, that’s the debate, whether the NSA, when it wants to spy on Americans, should be forced to go to a court to justify that spying. The NSA hasn’t been doing that for years, and we need to change that, to force the NSA to justify its surveillance in court.

JUAN GONZÁLEZ: Of course, President Obama has been justifying that surveillance. I want to turn to a clip from him speaking last month about the leaks by Edward Snowden.

PRESIDENT BARACK OBAMA: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s emails. What you’re hearing about is the prospect that these could be abused. Now, part of the reason they’re not abused is because these checks are in place, and those abuses would be against the law and would be against the orders of the FISC.

JUAN GONZÁLEZ: What about President Obama’s claim that the checks are in place?

ALEX ABDO: Well, I think it’s quite obvious now that the checks are not in place, that the very authorities that the government says are carefully overseen by the secret court in D.C. and by regulators within the intelligence communities are failing, that there are violations of even these very permissive rules. But at the end—you know, a core problem is not just that there are violations, but that the law authorizes an extraordinary amount of surveillance in the first place. And that underlying authorization is far too broad. It allows the NSA to engage in a form of dragnet surveillance of even Americans’ communications, that’s not tied to a particular investigation. It’s not tied to a particular terrorist plot that the NSA is trying to stop. That, I think, is the most troubling aspect of these revelations, is that these powers are simply too broad, to begin with.

AMY GOODMAN: On Wednesday, the Yahoo CEO, Marissa Mayer, responded to critics who have accused Internet companies of working with the NSA. During an interview at the TechCrunch Disrupt conference in San Francisco, she was asked why tech companies had not simply decided to tell the public more about what the NSA was doing.

MARISSA MAYER: We can’t talk about those things.

MICHAEL ARRINGTON: Why?

MARISSA MAYER: Because they’re classified.

MICHAEL ARRINGTON: What is—I mean, why?

MARISSA MAYER: And so—so, I mean—just to—

MICHAEL ARRINGTON: Let’s just say, look, right now you were just to tell us the truth about what’s going on, the stuff that’s classified, like what do you think would happen to you?

MARISSA MAYER: I mean, releasing classified information is treason.

MICHAEL ARRINGTON: And then what happens?

MARISSA MAYER: Just generally, and you—you know, incarcerated.

AMY GOODMAN: That was Marissa Mayer. She is the head of Yahoo. Alex Abdo?

ALEX ABDO: You know, Ms. Mayer is correct that there are extraordinary limits on what these companies can say, but it’s not correct to say that they can’t be doing more to protect the privacy of their users. There are a number of steps that these companies can take and should take, and Yahoo recently took one of those steps in joining Google and Microsoft in pushing the secret court in D.C. to allow them to say more about the government surveillance. Those companies want to be able to tell the public how many Americans are affected by the government’s surveillance, the numbers of court orders they get to turn over this information, and, very generally, the type of information they’re being asked to turn over. That’s all information that the government should allow these companies to disclose. It would allow Americans to better understand the surveillance that’s taking place in our name, and it would allow us to make a decision for ourselves whether the surveillance is lawful and whether it’s necessary.

JUAN GONZÁLEZ: Not only that, but I think there is a—as I’ve said before on this show, there is a conflict between the economic needs of these companies, because they’re all global companies, and no matter what happens in the United States, this is going to affect their businesses in other parts of the world as more and more countries decide you can’t trust American technology companies to use their search engines or use their products if they are allowing the government to serveil not only American citizens, but people around the world, so that it seems to me there’s a need to meet the needs of their own shareholders, the business interests of the company, to oppose these kind of government policies.

ALEX ABDO: I think that’s right. We’re putting our American companies at a competitive disadvantage when it comes to their business. They’re being forced to compete with companies outside the U.S. that aren’t receiving these NSA surveillance orders. But it’s important to note, too, that these companies can do more to protect the privacy of their consumers, even when they are not allowed to talk about the surveillance of the NSA. They can put in place technological fixes that allow users to trust their services more. And we’re starting to see that type of a response by the tech industry. They’re starting to compete over privacy. One of Microsoft’s—for example, its new campaigns is “Don’t get Scroogled.” It’s their way of competing against Google’s skimming of our emails for ad tracking. And as Americans, I think, come to appreciate the value of our privacy and the vastness of the information we trust with these companies, they’ll come to demand greater assurances from the Googles and the Microsofts and the Yahoos.

AMY GOODMAN: We want to thank you very much for being with us, and just end with what surprised you most by all of these revelations that have come out from Ed Snowden. I mean, the president says this debate has—would have happened anyway. You’re a longtime—and certainly the ACLU has been deeply concerned about civil liberties issues. Would it have happened anyway? And what have you found most shocking in the last few months?

ALEX ABDO: I don’t think this transparency would have happened. This is an involuntary debate that the administration is now welcoming after the fact, and it’s a long overdue one. And one of the things that has shocked me the most, I think, is, in reading these documents, to see how much information is kept secret that should never have been kept secret in the first place. Americans deserve to be a part of this conversation, but they’re being kept out of it by unnecessary overclassification of this information.

AMY GOODMAN: Thanks so much, Alex Abdo, staff attorney at the National Security Project of the American Civil Liberties Union. This is Democracy Now!, democracynow.org, The War and Peace Report. Back in a minute.

Thursday, September 12, 2013

Find this story at 12 September 2013

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.

The agreement for the US to provide raw intelligence data to Israel was reached in principle in March 2009, the document shows. Photograph: James Emery

The National Security Agency routinely shares raw intelligence data with Israel without first sifting it to remove information about US citizens, a top-secret document provided to the Guardian by whistleblower Edward Snowden reveals.

Details of the intelligence-sharing agreement are laid out in a memorandum of understanding between the NSA and its Israeli counterpart that shows the US government handed over intercepted communications likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.

The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process “minimization”, but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.

The deal was reached in principle in March 2009, according to the undated memorandum, which lays out the ground rules for the intelligence sharing.

The five-page memorandum, termed an agreement between the US and Israeli intelligence agencies “pertaining to the protection of US persons”, repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.

But this is undermined by the disclosure that Israel is allowed to receive “raw Sigint” – signal intelligence. The memorandum says: “Raw Sigint includes, but is not limited to, unevaluated and unminimized transcripts, gists, facsimiles, telex, voice and Digital Network Intelligence metadata and content.”

According to the agreement, the intelligence being shared would not be filtered in advance by NSA analysts to remove US communications. “NSA routinely sends ISNU [the Israeli Sigint National Unit] minimized and unminimized raw collection”, it says.

Although the memorandum is explicit in saying the material had to be handled in accordance with US law, and that the Israelis agreed not to deliberately target Americans identified in the data, these rules are not backed up by legal obligations.

“This agreement is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law,” the document says.

In a statement to the Guardian, an NSA spokesperson did not deny that personal data about Americans was included in raw intelligence data shared with the Israelis. But the agency insisted that the shared intelligence complied with all rules governing privacy.

“Any US person information that is acquired as a result of NSA’s surveillance activities is handled under procedures that are designed to protect privacy rights,” the spokesperson said.

The NSA declined to answer specific questions about the agreement, including whether permission had been sought from the Foreign Intelligence Surveillance (Fisa) court for handing over such material.

The memorandum of understanding, which the Guardian is publishing in full, allows Israel to retain “any files containing the identities of US persons” for up to a year. The agreement requests only that the Israelis should consult the NSA’s special liaison adviser when such data is found.

Notably, a much stricter rule was set for US government communications found in the raw intelligence. The Israelis were required to “destroy upon recognition” any communication “that is either to or from an official of the US government”. Such communications included those of “officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)”.

It is not clear whether any communications involving members of US Congress or the federal courts have been included in the raw data provided by the NSA, nor is it clear how or why the NSA would be in possession of such communications. In 2009, however, the New York Times reported on “the agency’s attempt to wiretap a member of Congress, without court approval, on an overseas trip”.

The NSA is required by law to target only non-US persons without an individual warrant, but it can collect the content and metadata of Americans’ emails and calls without a warrant when such communication is with a foreign target. US persons are defined in surveillance legislation as US citizens, permanent residents and anyone located on US soil at the time of the interception, unless it has been positively established that they are not a citizen or permanent resident.

Moreover, with much of the world’s internet traffic passing through US networks, large numbers of purely domestic communications also get scooped up incidentally by the agency’s surveillance programs.

The document mentions only one check carried out by the NSA on the raw intelligence, saying the agency will “regularly review a sample of files transferred to ISNU to validate the absence of US persons’ identities”. It also requests that the Israelis limit access only to personnel with a “strict need to know”.

Israeli intelligence is allowed “to disseminate foreign intelligence information concerning US persons derived from raw Sigint by NSA” on condition that it does so “in a manner that does not identify the US person”. The agreement also allows Israel to release US person identities to “outside parties, including all INSU customers” with the NSA’s written permission.

Although Israel is one of America’s closest allies, it is not one of the inner core of countries involved in surveillance sharing with the US – Britain, Australia, Canada and New Zealand. This group is collectively known as Five Eyes.

The relationship between the US and Israel has been strained at times, both diplomatically and in terms of intelligence. In the top-secret 2013 intelligence community budget request, details of which were disclosed by the Washington Post, Israel is identified alongside Iran and China as a target for US cyberattacks.

While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel.

“Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge,” states the report, titled ‘History of the US – Israel Sigint Relationship, Post-1992′. “In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA’s only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner.”

In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. “On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems,” the official says. “A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US.”

Later in the document, the official is quoted as saying: “One of NSA’s biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended.”

The memorandum of understanding also contains hints that there had been tensions in the intelligence-sharing relationship with Israel. At a meeting in March 2009 between the two agencies, according to the document, it was agreed that the sharing of raw data required a new framework and further training for Israeli personnel to protect US person information.

It is not clear whether or not this was because there had been problems up to that point in the handling of intelligence that was found to contain Americans’ data.

However, an earlier US document obtained by Snowden, which discusses co-operating on a military intelligence program, bluntly lists under the cons: “Trust issues which revolve around previous ISR [Israel] operations.”

The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.

In its statement, the NSA said: “We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations.

“NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information.”

Glenn Greenwald, Laura Poitras and Ewen MacAskill
The Guardian, Wednesday 11 September 2013 15.40 BST

Find this story at 11 September 2013
Read the NSA and Israel’s ‘memorandum of understanding’

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Ben Zygier war ein Mossad-Agent, der Geheimnisse an Israels Feinde weitergab. Während der Isolationshaft erhängte sich der Spion. Die genauen Umstände seiner Haft will Jerusalem unter keinen Umständen preisgeben – und bezahlt Zygiers Familie für ihr Schweigen.

Tel Aviv – Einer der spektakulärsten Justizfälle der israelischen Geschichte hat ein finanzielles Nachspiel. Israels Regierung will die Familie des sogenannten Häftling X mit vier Millionen Schekel entschädigen – umgerechnet etwa 842.000 Euro.

Das Geld fließt an die Familie des früheren Mossad-Agenten Ben Zygier. Der australisch-israelische Doppelstaatsbürger hatte jahrelang für den Geheimdienst gearbeitet, war dann aber Anfang 2010 verhaftet worden. Nach Erkenntnissen des SPIEGEL hatte Zygier Informationen an die libanesische Hisbollah-Miliz weitergegeben, die zur Verhaftung zweier Mossad-Agenten im Libanon führten.

Zygier wurde in der Hochsicherheitsanstalt Ajalon im israelischen Ramle in Einzelhaft unter Videoüberwachung gehalten. Das Gefängnispersonal kannte weder seinen Namen noch den Grund für seine Haft. Trotz der Überwachung konnte er sich im Dezember 2010 in seiner Zelle erhängen. Eine Untersuchungsrichterin hatte daher im April festgestellt, dass Zygier nicht ausreichend überwacht worden sei. Der Fall wurde erst Jahre später durch australische Medienberichte publik.

“Ihr werdet schweigen, wir werden bezahlen”

Israels Regierung betont, dass die nun getroffene Einigung mit den Hinterbliebenen kein Eingeständnis eines “vorgeblichen Fehlverhaltens” sei. Vielmehr solle vermieden werden, die Angelegenheit vor Gericht zu bringen, weil dann Einzelheiten an die Öffentlichkeit kämen und die nationale Sicherheit ernsten Schaden nehmen können.

Zygiers Familie hat sich zu Stillschweigen verpflichtet. “Ihr werdet schweigen, wir werden bezahlen”, titelte die israelische Tageszeitung “Jedioth Achronoth” am Mittwoch. Die Hinterbliebenen von Häftling X hatten direkt mit dem Büro des Premierministers Benjamin Netanjahu und dem Justizministerium verhandelt.

Jahrelang war die Familie über die Umstände des Todes falsch informiert worden. Den Hinterbliebenen wurde erzählt, dass Zygier als Mossad-Agent hinter feindlichen Linien ums Leben gekommen war.

11. September 2013, 13:06 Uhr

Find this story at 11 September 2013

© SPIEGEL ONLINE 2013