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of information about this espionage have been referred to by Der Speigel and The Guardian, but others are, to date, unpublished.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.

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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.

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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.

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

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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.

Federal court order prohibits Brown from talking to the media in what critics say is latest in crackdown on investigative journalism

Brown’s lawyer says the gagging order is a breach of Brown’s first amendment rights. Photograph: Nikki Loehr

A federal court in Dallas, Texas has imposed a gag order on the jailed activist-journalist Barrett Brown and his legal team that prevents them from talking to the media about his prosecution in which he faces up to 100 years in prison for alleged offences relating to his work exposing online surveillance.

The court order, imposed by the district court for the northern district of Texas at the request of the US government, prohibits the defendant and his defence team, as well as prosecutors, from making “any statement to members of any television, radio, newspaper, magazine, internet (including, but not limited to, bloggers), or other media organization about this case, other than matters of public interest.”

It goes on to warn Brown and his lawyers that “no person covered by this order shall circumvent its effect by actions that indirectly, but deliberately, bring about a violation of this order”.

According to Dell Cameron of Vice magazine, who attended the hearing, the government argued that the gag order was needed in order to protect Brown from prejudicing his right to a fair trial by making comments to reporters.

But media observers seen the hearing in the opposite light: as the latest in a succession of prosecutorial moves under the Obama administration to crack-down on investigative journalism, official leaking, hacking and online activism.

Brown’s lead defence attorney, Ahmed Ghappour, has countered in court filings, the most recent of which was lodged with the court Wednesday, that the government’s request for a gag order is unfounded as it is based on false accusations and misrepresentations.

The lawyer says the gagging order is a breach of Brown’s first amendment rights as an author who continues to write from his prison cell on issues unconnected to his own case for the Guardian and other media outlets.

In his memo to the court for today’s hearing, Ghappour writes that Brown’s July article for the Guardian “contains no statements whatsoever about this trial, the charges underlying the indictment, the alleged acts underlying the three indictments against Mr Brown, or even facts arguably related to this prosecution.”

The gag order does give Brown some room to carry on his journalistic work from prison. It says that he will be allowed to continue publishing articles on topics “not related to the counts on which he stands indicted”.

Following the imposition of the order, Ghappour told the Guardian: “The defense’s overriding concern is that Mr Brown continue to be able to exercise his first amendment right as a journalist. The order preserves that ability.”

The lawyer adds that since the current defence team took over in May, Brown has made only three statements to the media, two of which where articles that did not concern his trial while the third ran no risk of tainting the jury pool. “Defendant believes that a gag order is unwarranted because there is no substantial, or even reasonable, likelihood of prejudice to a fair trial based on statements made by defendant or his counsel since May 1, 2013.”

Brown, 32, was arrested in Dallas on 12 September last year and has been in prison ever since, charged with 17 counts that include threatening a federal agent, concealing evidence and disseminating stolen information. He faces a possible maximum sentence of 100 years in custody.

Before his arrest, Brown became known as a specialist writer on the US government’s use of private military contractors and cybersecurity firms to conduct online snooping on the public. He was regularly quoted by the media as an expert on Anonymous, the loose affiliation of hackers that caused headaches for the US government and several corporate giants, and was frequently referred to as the group’s spokesperson, though he says the connection was overblown.

In 2011, through the research site he set up called Project PM, he investigated thousands of emails that had been hacked by Anonymous from the computer system of a private security firm, HB Gary Federal. His work helped to reveal that the firm had proposed a dark arts effort to besmirch the reputations of WikiLeaks supporters and prominent liberal journalists and activists including the Guardian’s Glenn Greenwald.

In 2012, Brown similarly pored over millions of emails hacked by Anonymous from the private intelligence company Stratfor. It was during his work on the Stratfor hack that Brown committed his most serious offence, according to US prosecutors – he posted a link in a chat room that connected users to Stratfor documents that had been released online.

The released documents included a list of email addresses and credit card numbers belonging to Stratfor subscribers. For posting that link, Brown is accused of disseminating stolen information – a charge with media commentators have warned criminalises the very act of linking.

As Geoffrey King, Internet Advocacy Coordinator for the Committee to Protect Journalists, has put it, the Barrett Brown case “could criminalize the routine journalistic practice of linking to documents publicly available on the internet, which would seem to be protected by the first amendment to the US constitution under current doctrine”.

In its motion to the Dallas district court, US prosecutors accuse Brown and his associates of having “solicited the services of the media or media-types to discuss his case” and of continuing to “manipulate the public through press and social media comments”.

It further accuses Ghappour of “co-ordinating” and “approving” the use of the media, and alleges that between them they have spread “gross fabrications and substantially false recitations of facts and law which may harm both the government and the defence during jury selection”.

But Ghappour in his legal response has pointed out that several of the specific accusations raised by the government are inaccurate. Prosecutors refer to an article in the Guardian by Greenwald published on 21 March 2013 based partly on an interview between the journalist and Brown, yet as Ghappour points out that piece was posted on the Guardian website before the accused’s current legal team had been appointed.

Under his legal advice, Ghappour writes, Brown has maintained “radio silence” over his case and has given no further interviews, thus negating the government’s case for a gagging order.

Ed Pilkington in New York
theguardian.com, Wednesday 4 September 2013 22.50 BST

Find this story at 4 September 2013

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

The mid-June sun is setting on the Mansfield jail near Dallas when Barrett Brown, the former public face of Anonymous, shuffles into the visitors hall wearing a jumpsuit of blazing orange. Once the nattiest anarchist around, Brown now looks like every other inmate in the overcrowded North Texas facility, down to his state-issued faux-Crocs, the color of candy corn.

Who Are America’s New Political Prisoners?

Brown sits down across from his co-counsel, a young civil-liberties lawyer named Ahmed Ghappour, and raises a triumphant fist holding several sheets of notebook paper. “Penned it out,” he says. “After 10 months, I’m finally getting the hang of these archaic tools.” He hands the article, titled “The Cyber-Intelligence Complex and Its Useful Idiots,” to his lawyer with instructions to send it to his editor at The Guardian. Brown used to write for the British daily, but since he’s been in prison, it’s written about him and his strange legal ordeal that has had him locked up for nearly a year while he awaits trial next month. Should he be found guilty of all the charges the federal government is bringing against him – 17 counts, ranging from obstruction of justice to threatening a federal officer to identity fraud – he’ll face more than 100 years in prison.

Given the serious nature of his predicament, Brown, 32, seems shockingly relaxed. “I’m not worried or panicked,” he says. “It’s not even clear to me that I’ve committed a crime.” He describes his time here as a break from the drug-fueled mania of his prior life, a sort of digital and chemical fast in which he’s kicked opiates and indulged his pre-cyber whims – hours spent on the role-playing game GURPS and tearing through the prison’s collection of what he calls “English manor-house literature.”

Brown has been called many things during his brief public career – satirist, journalist, author, Anonymous spokesman, atheist, “moral fag,” “fame whore,” scourge of the national surveillance state. His commitment to investigating the murky networks that make up America’s post-9/11 intelligence establishment set in motion the chain of events that culminated in a guns-drawn raid of his Dallas apartment last September. “For a long time, the one thing I was happy not to see in here was a computer,” says Brown. “It appears as though the Internet has gotten me into some trouble.”

Encountering Barrett Brown’s story in passing, it is tempting to group him with other Anonymous associates who have popped up in the news for cutting pleas and changing sides. Brown’s case, however, is a thing apart. Although he knew some of those involved in high-profile “hacktivism,” he is no hacker. His situation is closer to the runaway prosecution that destroyed Aaron Swartz, the programmer-activist who committed suicide in the face of criminal charges similar to those now being leveled at Brown. But unlike Swartz, who illegally downloaded a large cache of academic articles, Brown never broke into a server; he never even leaked a document. His primary laptop, sought in two armed FBI raids, was a miniature Sony netbook that he used for legal communication, research and an obscene amount of video-game playing. The most serious charges against him relate not to hacking or theft, but to copying and pasting a link to data that had been hacked and released by others.

“What is most concerning about Barrett’s case is the disconnect between his conduct and the charged crime,” says Ghappour. “He copy-pasted a publicly available link containing publicly available data that he was researching in his capacity as a journalist. The charges require twisting the relevant statutes beyond recognition and have serious implications for journalists as well as academics. Who’s allowed to look at document dumps?”

Brown’s case is a bellwether for press freedoms in the new century, where hacks and leaks provide some of our only glimpses into the technologies and policies of an increasingly privatized national security-and-surveillance state. What Brown did through his organization Project PM was attempt to expand these peepholes. He did this by leading group investigations into the world of private intelligence and cybersecurity contracting, a $56 billion industry that consumes 70 percent of the U.S. intelligence budget.

Meet Jacob Applelaum, the American Wikileaks Hacker

“Barrett was an investigative journalist who was merely doing his professional duty,” says Christophe Deloire of Reporters Without Borders. “The sentence that he is facing is absurd and dangerous.”

B
rown grew up in the affluent North Dallas neighborhood of Preston Hollow, where, following his parents’ divorce, he lived with his New Age mother. Karen Lancaster always believed her only son was special – he once wrote that she called him “an indigo child with an alien soul.” Among her house rules was that mother and son meditate together daily. She instructed him in the predictions of Nostradamus and made sure he kept a dream journal for the purpose, as Brown described it, “of helping him divine the future by way of my external connection to the collective unconscious.” (For her part, Brown’s mother says she was progressive, but not “New Age”, and that her son’s comments were made in jest.)

The Rise and Fall of Jeremy Hammond, Enemy of the State

A precocious pre-adolescent reader and writer, Brown produced a newspaper on his family’s desktop computer while in elementary school. When he started writing for the student paper at his private high school in the mid-Nineties, he quickly clashed with the paper’s censors over his right to criticize the administration. “Barrett always challenged authority, even as a kid, and anytime you go up against authority, you’re going to get in trouble,” says Brown’s father, Robert. “You could sort of always see this coming.”

By the time he reached high school, Brown had discovered Ayn Rand and declared himself an atheist. He founded an Objectivist Society at school and distinguished himself from other Randians by placing second out of 5,000 entrants in a national Ayn Rand essay contest. (Brown now expresses regret over this.) By all accounts, Brown hated everything about organized education, preferring to follow his own curricula and chat up girls on the bulletin-board systems of a still-embryonic Internet.

After his sophomore year, Brown told his parents he wasn’t going back. He signed up for online courses and spent his junior year in Tanzania with his father, a Maserati-driving conservative, safari hunter and serial entrepreneur who was trying to launch a hardwood-harvesting business. “Barrett loved living in Africa,” says his father. “He preferred adventure to being in school with his peers. We weren’t far from the embassy that was bombed that year.”

Brown returned to the U.S. and in 2000 joined some of his childhood friends in Austin, where he spent two semesters taking writing classes at the University of Texas. After dropping out, he spent a summer doing what one friend calls a “heroic” amount of Ecstasy and acid before settling into the charmed life of a pre-crisis Austin slacker – working part-time, smoking pot and paying cheap rent in a series of group houses with enormous porches. Brown’s roommates remember his rooms as being strewn with leaning towers of books and magazines – he especially liked Gore Vidal, P.J. O’Rourke and Hunter S. Thompson – but say he was not especially political. “After 9/11 and Iraq, there were a lot of protests in Austin,” says Ian Holmes, a childhood friend of Brown’s. “I don’t remember him participating in it or being extra vocal, but he was against it all like everyone else.”

As Brown built up his clip book and matured as a writer, his ambitions began to outgrow Austin. In 2007, Brown moved to Brooklyn with a group of old friends that called itself “the Texadus.” Their Bushwick apartment emerged as a hub for Lone Star State refugees who liked to get high, crush beers and play video games. “People were always hanging out and coming and going,” says Caleb Pritchard, a childhood friend of Brown’s who lived with him in Austin and Brooklyn. Among the apartment’s large cast of characters were a crew of weed-delivery guys from Puerto Rico and Honduras who used the apartment as a daytime base of business operations. “They brought over an Xbox, bought us beer and food and played strategy games with us,” Pritchard says. “It was a good cultural exchange for a bunch of skinny white kids from Dallas.”

As virtual-world games grew increasingly sophisticated, Brown spent more time in front of his computer. But he didn’t play the games like most people. In Second Life, he linked up with a group of people known as “griefers,” the term for hackers who in the mid-00s became known for generating chaos inside video-game worlds. Socializing on the bulletin board 4chan.org, they formed the first cells of what would later become Anonymous. In the documentary We Are Legion, about the hacktivist group, Brown waxes nostalgic over his griefer period, when he’d spend entire nights “on Second Life riding around in a virtual spaceship with the words ‘faggery daggery doo’ written on it, wearing Afros, dropping virtual bombs on little villages while waving giant penises around. That was the most fun time I ever had in my life.”

When everyone else went out to the bars, Brown stayed in. Aside from video games and the odd afternoon of pick-up basketball, he also pounded out columns, diaries and blog posts for Vanity Fair, Daily Kos and McSweeney’s, as well as restaurant reviews and essays for weeklies like New York Press and The Onion’s A.V. Club. Though he had some paying gigs, he published most heavily in unpaid, self-edited community forums like Daily Kos and The Huffington Post. “Barrett wasn’t really working in New York so much as getting by with the help of friends and family,” says Pritchard. Among his unpaid gigs was his work as the spokesman for the Godless Americans PAC, which led to Brown’s first TV appearance, on the Fox News morning show Fox & Friends.

In Brooklyn, Brown resumed shooting heroin, which he’d dabbled in off and on since he was 19. Over the years, doctors have diagnosed him with ADHD and depression. Accurate or not, the diagnoses suggest Brown was drawn to opiates for more than just the high. “When I joined him in Brooklyn in ’08, Barrett was already basically a functional junkie,” says Pritchard.

Heroin did not mellow Brown when it came to America’s pundit class. Brown’s critique made clear he didn’t want to join the journalistic establishment so much as lash it without mercy. Then, in March 2010, he announced in a blog post the goal of replacing it, of making its institutions irrelevant and rebuilding them in the image of an overly self-confident 28-year-old junkie named Barrett Brown. It was perhaps his first public manifestation of extreme self-assurance that could come off as imperious self-importance. Brown himself did not deny it, once saying, “I don’t think arrogance is something I’m in a position to attack anyone on.”

The project envisioned by Brown was a new kind of crowdsourced think tank to be “established with a handful of contributors who have been selected by virtue of intellectual honesty, proven expertise in certain topics and journalistic competence in general.” He named it Project PM, after a gang in William Gibson’s Neuromancer called the Panther Moderns.

Brown conceived his new network partly as a response to what he saw as the sad state of affairs at the two main homes for his work, Daily Kos and HuffPo. After years of vibrancy, both now suffered from “the watering-down of contributor quality,” he said. At Project PM, he assured that “below-average participants will have only very limited means by which to clutter the network.”

How Anonymous Took Down the Music Industry’s Websites

With typical cigarette-waving flourish, Brown declared, “Never has there existed such opportunity for revolution in human affairs.”

Had Project PM developed along the lines of Brown’s original vision – as a kind of exclusive, experts-only, friends-of-Barrett blogger network – it is extremely unlikely that Brown would now be in jail. Or that the FBI would have subpoenaed the company hired to secure its server, as it did in March. But Project PM ended up taking a different route.

Julian Assange: The Rolling Stone Interview

T
he event that locked Brown’s path into a collision course with the federal government came on February 11th, 2010, when he posted an essay on Huffington Post that he grandiloquently titled “Anonymous, Australia and the Inevitable Fall of the NationState.”

At the time, Anonymous was in the news after some of its hackers, in an action they called Operation Titstorm, brought down Australian government servers in retaliation for the government’s attempt to block certain kinds of niche pornography. For Brown, Titstorm was a world-historic game-changer, a portent of an age in which citizens could successfully challenge state power on their laptops and neutralize government propaganda and censorship.

In the comically aggrandizing tone that had become his trademark, Brown concluded, “I am now certain that this phenomenon is among the most important and underreported social developments to have occurred in decades.”

Among those taken by Brown’s interpretation of Titstorm was Gregg Housh, a Boston Web designer and early Anonymous associate, who had emerged as a sort of quasi-spokesman for the group. Through Housh, Brown gained entrance to the online inner sanctums of the hackers he thought were turning history on its head. Housh, who was starting to feel burned out from fielding the barrage of international media requests, saw Brown as someone who could step in and talk to reporters for Anonymous.

“Barrett ‘got it’ in a way few journalists did,” says Housh. “Soon, he was one of us, and that pretty much set the course for everything that happened next.”

Brown always denied holding any official capacity as the spokesman of Anonymous, maintaining such a thing was not even possible given the amorphous nature of the group. Yet he embraced the media role with relish, sometimes using the royal “we” during interviews. In March 2011, Brown described himself to a visiting NBC News crew as a “senior strategist” for Anonymous. He also, along with Housh, began writing a book about the group, detailing the transformation of Anonymous from a community of amoral videogame-playing punks into an ethical crusade, assisting street protests across the globe during the Arab Spring.

From the beginning, Brown’s public role was a subject of internal controversy. A minority dismissed and attacked him as a preening “name fag” – Anonymous slang for people who use their real names and speak to the press. Others were more bothered that Brown was a “moral fag,” the term used by unrepentant griefers to describe the new generation of hacktivists who began flocking to the Anonymous banner in 2008. In We Are Legion, Brown makes his allegiance clear, hailing the hacktivists for turning a “nihilist, ridiculous group” into a “force for good.”

Yet something of the old griefer remained in Brown even after his and the group’s politicization process had converged to take on the world of intelligence outsourcing. “He was just trolling the hell out of these corporate-surveillance guys,” says Joe Fionda, a New York activist who assisted Brown in his investigations. “Not just doing the serious research work no one else was doing – getting tax files and all that – but calling them at their homes to introduce himself, sometimes straight up pranking them. He’s legit funny and sees the humor and the absurd in everything.”

Another former colleague, a Boston Web developer and activist named Lauren Pespisa, shared Brown’s love of prank calls: “Sometimes we’d drink and prank-call lobbyists for fun. We went after this one group, Qorvis, because they were helping the kingdom of Bahrain handle its image when they were shooting people. So we’d call them up and ‘dragon shout’ at them,” she says, referring to a sound effect in one of Brown’s favorite video games, The Elder Scrolls V: Skyrim.

By combining the two ethos of Anonymous, Brown won over more people than he alienated. Part of his appeal was the act of his drily affected pseudo-aristocratic-asshole persona, which he exaggerated during media appearances. He preferred a corduroy sports jacket to the Guy Fawkes mask that Anonymous members favor. A typical portrait showed Brown’s arm slung over a chair, a Marlboro dangling off his bottom lip and a stuffed bobcat on the wall behind him. He was oth loved and hated for being one of the more colorful characters found in the Internet Relay Chat rooms where hackers gathered. He famously once conducted a strategy session while drinking red wine in a bubble bath.

“Barrett became a bit like the court jester of Anonymous,” says Gabriella Coleman, a professor at McGill University who has written about the network. “His behavior was legendary because he was the ethical foil. Anonymous isn’t just for hackers. People like Barrett Brown can thrive: the organizer, the media-maker, the spectacle-maker.”

W
hen Brown met Housh, he was nearing the end of his three-year stint in Brooklyn. In the spring of 2010, Brown called his parents and told them he had a heroin problem. At their urging, he returned to Dallas and began an outpatient treatment that included the heroin replacement Suboxone. It was from a tiny Dallas apartment that Brown deepened his involvement with Anonymous. Since most of his friends lived in Austin, his new social life consisted of the IRC rooms populated by hacktivists. It was a world of nonstop, petty cyberintrigue, which to outsiders can appear like a hellish fusion of The Hollywood Squares, WarGames and Degrassi Junior High.

Bradley Manning Explains His Motives

Pritchard remembers the first time Brown crashed on his couch in Austin after his return to Dallas. “I’d wake up, and he’d be online having conversations with these kids on Skype or something,” he says. “Barrett would say, ‘I know what you’re doing!’ The other guy would be stroking his chin like he’s Dr. Claw, saying, ‘No, I know what you’re doing.’ It was nonstop cyberwar, with these dorks just dorking it out with each other. It seemed like a bunch of kids trolling each other.”

Still, Pritchard appreciated that beneath the dorkery, Brown was involved in serious business. This was Brown’s first year as an unofficial spokesman for Anonymous, and it was eventful. The hackers were aiding the uprisings of the Arab Spring, and assaulted PayPal and credit-card companies in retaliation for their refusal to process donations to WikiLeaks. This latter action, called Operation PayBack, earned the attention of the Justice Department. In the summer of 2011, the FBI issued 35 search warrants and arrested 14 suspected hackers.

The Trials of Bradley Manning

By the time of the arrests, Brown’s focus had settled squarely on the nexus between government agencies, private intelligence firms and the information-security industry – known as InfoSec – contracted to build programs and technologies of surveillance, disruption and control that Brown suspected were in many cases unconstitutional. What’s more, he was as bratty as ever about it. He phoned CEOs and flacks at their homes and called them liars. He boasted about bringing the whole system down. As the first raids and arrests took place following Operation PayBack, some observers of Brown’s antics began to suspect that the court jester of Anonymous was not a very safe thing to be.

“You could just tell it was going to end badly,” says an Anonymous member and veteran hacker. “When he really started making noise about going after these intel-contracting companies, I was like, ‘You’re going to get locked up, kid.'”

A
fter Operation Payback, Anonymous was on the radar of every private security firm looking to build a quick reputation. In the office of Aaron Barr, CEO of a struggling digital-security contractor called HBGary Federal, it was the biggest thing on the radar. Barr was convinced that taking down Anonymous before it struck again was a fast track to industry juice and massive contracts. In February 2011, he bragged to The Financial Times about the supersecret sleuthing techniques he had developed to get the goods on Anonymous. He claimed to know the identities of the group’s leaders. Implicit in Barr’s comments was the possibility of federal raids on those identified.

Partly to avoid that outcome, and partly out of curiosity, an Anonymous cell hacked HBGary’s servers. They discovered that Barr’s techniques involved hanging out on major social-media sites and compiling lists of mostly innocent people. It wasn’t the only example of his staggering miscalculation: Within minutes, the hackers easily got around the firm’s security defenses, ransacking company servers, wiping Barr’s personal tablet and absconding with 70,000 internal e-mails. Stephen Colbert devoted a segment to the fiasco, based around the image of Barr sticking his penis in a hornets’ nest.

Once the hackers who broke into HBGary’s servers discovered that Barr was basically a clown, they abandoned pursuit. “There were tens of thousands of e-mails and no one wanted to go through them,” says an Anonymous associate who observed the HBGary hack. “Everyone was like, ‘We’re not even going to dump these, because there’s no point.'”

Brown disagreed. When the hackers posted the e-mails on a BitTorrent site, he used Project PM to organize the painstaking work of collating and connecting the dots to see what picture emerged.

“Nobody was reading more than a couple of the e-mails before getting bored,” says the Anonymous associate. “But Barrett has this strangely addictive and journalistic kind of mind, so he could stare at those e-mails for 10 hours. He’d be sitting alone in the HBGary channel, yelling at everyone, ‘You’ve got to pay attention! Look at the crap I found!'” Brown quickly drew in some 100 volunteers to help him trawl through and make sense of the e-mails.

The HBGary cache offered one of the fullest looks ever at how corporate-state partnerships were targeting groups they considered subversive or inimical to the interests of corporate America. The projects under consideration at HBGary ranged from cyberattacks and disinformation campaigns targeting civic groups and journalists to Weird Science-supermodel avatars built to infiltrate and disrupt left-wing and anarchist networks.

Project PM volunteer investigator Joe Fionda remembers the disturbing thrill of uncovering HBGary’s use of a Maxim pinup to create online personas designed to spy for corporate and government clients. “I couldn’t believe how much crazy shit they were up to,” Fionda says. “My brain still feels like it’s going to explode.”

The biggest fish flopping in Brown’s net was the story of a cluster of contractors known as Team Themis. The origins of Team Themis dated to Bank of America’s alarm over Julian Assange’s 2010 claim to possess documents that “could take down a bank or two.” The Department of Justice recommended Bank of America retain the services of the white-shoe D.C. law firm Hunton & Williams and the high-­powered intelligence contractor Booz Allen Hamilton. On behalf of Bank of America, Hunton & Williams turned to the large and growing world of InfoSec subcontractors to come up with a plan, settling on HBGary and two dataintelligence shops, Berico Technologies and Palantir Technologies.

The Themis three were also preparing a proposal for Hunton & Williams on behalf of another client, the U.S. Chamber of Commerce. The leaked HBGary documents revealed that Themis was exploring ways of discrediting and disrupting the activities of organized labor and its allies for the Chamber. The potential money at stake in these contracts was considerable. According to Wired, the trio proposed that the Chamber create a $2-milliona-month sort of cyber special-forces team “of the kind developed and utilized by the Joint Special Operations Command.” They also suggested targeting a range of left-of-center organizations, including the SEIU, watchdog groups like U.S. Chamber Watch, and the Center for American Progress. (The Chamber of Commerce and Bank of America have denied ever hiring Team Themis or having any knowledge of the proposals.)

In pursuit of the Chamber and Bank of America contracts, the Themis three devised multipronged campaigns amounting to a private-sector information-age COINTELPRO, the FBI’s program to infiltrate and undermine “subversive” groups between 1956 and 1971. Among the The mis ideas presented to Hunton & Williams: “Feed the fuel between the feuding groups. Disinformation. Create messages around actions to sabotage or discredit the opposing organization. Submit fake documents and then call out the error.”

The revelations represented a triumph for Brown and his wiki. A group of Democratic congressmen asked four Republican committee chairs to hold hearings on the “deeply troubling” question of whether “tactics developed for use against terrorists may have been unleashed illegally against American citizens.” But the calls for investigation went nowhere. The lack of outrage in Washington or on influential editorial pages didn’t shock Brown, who had long ago lost hope in the politicians and pundits who are “clearly intent on killing off even this belated scrutiny into the invisible empire that so thoroughly scrutinizes us – at our own expense and to unknown ends.”

It was Brown’s finest moment, but his relationship with Anonymous was rapidly deteriorating. By May 2011, Brown had begun turning on the network. “There’s little quality control in a movement like [Anonymous],” Brown told an interviewer. “You attract a lot of people whose interest is in fucking with video-game companies.”

Brown’s haughty dismissal of the new crop of hacktivists was not a feeling shared by the FBI. The government continued to see Anonymous as a major and growing threat. And in the summer of 2011, it acquired a key piece in its operation to destroy the network. On the night of June 7th, four months after the HBGary hack, two federal agents visited the Jacob Riis publichousing project on Manhattan’s Lower East Side and introduced themselves to a 27-year-old unemployed hacker named Hector Monsegur, known inside Anonymous as “Sabu.” As a leader of an Anonymous offshoot called Lulzsec, he had hacked a number of state and corporate servers. In early 2011, he made some rookie errors that led the FBI to his door: Facing the prospect of being indicted on 12 counts of criminal conspiracy, Sabu rolled over on his old hacker associates. He signed a cooperation agreement and began feeding the FBI information on Anonymous plots. The biggest of these involved a private global intelligence contractor located in Barrett Brown’s backyard, the Austin-based Stratfor.

I
n early December 2011, a young Chicago Anon named Jeremy Hammond cracked Stratfor’s server and downloaded some 5 million internal documents. With the apparent blessing and supervision of the FBI, Sabu provided the server for Hammond to store the docs. Hammond then proceeded to release them to the public. Sifting through the data dump would require a massive coordinated effort of exactly the kind Project PM had been training for. Brown and his dedicated volunteers attacked the mountains of e-mails. “We had between 30 and 50 people involved, usually 15 at a time,” says Lauren Pespisa, the Boston Project PM volunteer who now helps organize Brown’s legaldefense fund.

Did the Mainstream Media Fail Bradley Manning?

After six months of work, Brown would discover what he considered the fattest spider amid the miles of Stratfor web: a San Diego-based cybersecurity firm called Cubic. As Brown followed the strings, he discovered links between Cubic and a data-mining contractor known as TrapWire, which had ties to CIA vets. Brown thought that he had stumbled on a major find illuminating new technologies for spying and surveillance, but the media pickup was not what Brown had hoped. Major dailies shrugged off the story, and Gawker and Slate poured cold water on his alarm, calling it “outlandish.” Brown responded to the criticism with a rambling, connect-the-conspiracy-dots YouTube video.

It wasn’t just gossip sites that viewed Brown’s reading of the Stratfor docs with a skeptical eye. Even sympathetic students of intelligence contracting urged caution about interpreting the TrapWire materials. “I applaud anyone digging into this stuff, but you can’t really draw conclusions from what these contractors say in these e-mails because they’re bragging and they’re trying to land business,” says Tim Shorrock, whose 2008 book Spies for Hire first exposed the scope of the intelligence-contracting industry. “Some of the quote-unquote intelligence that Stratfor was reporting on was ludicrous. Why would an intelligence agency buy this stuff?”

WikiLeaks Stratfor Emails: A Secret Indictment Against Julian Assange?

Meanwhile, deeply buried in the TrapWire debate was the fact that included in the Stratfor docs were the credit-card numbers of 5,000 Stratfor clients. Brown likely did not give the numbers a second thought. But it’s these numbers that form the most serious charges against Brown. The government alleges that when Brown pasted a link in a chat room to the alreadyleaked documents, he was intentionally “transferring” data for the purpose of credit-card and identity fraud.

“If the Pentagon Papers included creditcard info, then would The New York Times have been barred from researching them?” says Brown’s co-counsel Ghappour. “There is nothing to indicate Barrett wanted to profit from this information, or that he ever had the information in his possession. He was openly critical of such motives and disapproved of hacking for the sake of it. This was a big part of his rift with Anonymous – why he was considered a ‘moral fag’ by some.”

The FBI raided Brown’s Dallas apartment on the morning of March 6th, 2012, three months after the Stratfor hack, and one day after Jeremy Hammond was arrested in Chicago. More than a dozen feds led by agent Robert Smith knocked down the door with warrants for Brown’s computers and seized his Xbox. Brown was staying at his mother’s house nearby. Later that morning, the agents appeared at the home of Brown’s mother with a second warrant. They found his laptop in a kitchen cabinet, and she was later charged with obstruction. Brown, who was in the shower preparing for a TV interview when the agents arrived, was not arrested. The agents left with his laptop.

Among hacktivists, theories differ on the motive behind the FBI action. As one of the few public figures associated with Anonymous, Brown made a soft target with a potentially very valuable hard drive or two. Some say it was meant as a warning; others say Brown had simply pissed off too many powerful people, or was getting too close to something big.

Then there is the theory, advanced by Gregg Housh, that Brown and Hammond were targeted out of frustration with a blown sting against WikiLeaks founder Julian Assange. After looking into the Stratfor hack, Housh believes that the FBI allowed the hack to proceed not in order to arrest Hammond but Assange. “The idea was to have Sabu sell the stolen Stratfor material to Assange,” says Housh. “This would give them a concrete charge that he had knowingly bought stolen material to distribute on WikiLeaks.”

Housh believes Hammond got wind of Sabu’s plan to sell the documents to Assange and dumped them before the transaction could take place. While there is no proof of contact between Sabu and Assange, Sabu reportedly communicated with Sigurdur Thordarson, a teenage Icelandic WikiLeaks volunteer and an FBI informant.

“Hammond had no idea what he’d done,” says Housh. “The FBI were a day away from having evidence against Assange, and Hammond screwed it up for them. That’s why they went after him so hard.”

Yet Hammond, who led the Stratfor hack, faced only 30 years before cutting a plea deal for 10. Why is Brown facing 105?

F
ollowing the March raid, Brown continued his investigations and planned for the future of Project PM. 2012 was going to be a big year. He had a new nucleus of friends and colleagues in Boston, where he was going to move and live in an activist group house. His investigations increasingly took place outside the Anonymous network. Brown had new allies in groups like Telecomix, a collective that operated its own crowdsourcing investigations into the cybersurveillance industry. That summer, he visited New York for the Hackers on Planet Earth conference, an annual gathering of hackers and activists, where he met a few of his Project PM colleagues offline for the first time. “I remember he was wearing a full suit in this crazy heat, sweating profusely in the lobby of the Hotel Pennsylvania,” says Fionda. “He was still struggling with kicking heroin, he had tremors and looked like he was in a lot of pain. But he was full of energy. He was telling everyone, ‘We’re going to the center of the Earth with this story!'”

But Brown’s mental state seemed to deteriorate during the summer of 2012. Having battled depression throughout his life, he had gone off his meds and was simultaneously struggling with cold-turkey breaks from Suboxone for heroin withdrawal. His YouTube channel documents the effects. In August, Brown posted a clip that showed him skeet-shooting over the words of Caligula’s lament: “If only all of Rome had just one neck.” In early September, as Brown planned his move to Boston, he struggled to contain his rage at the local FBI agent Robert Smith, who had raided his mother’s home and taken his beloved Xbox.

In September, Brown uploaded a discombobulated three-part video series, the last one titled “Why I’m Going to Destroy FBI Agent Robert Smith.” In the videos, Brown struggles to maintain focus. He demands the return of his Xbox and warns that he comes from a military family that has trained him with weapons – weapons he says he’ll use to defend his home. He calls Smith a “fucking chickenshit little faggot cocksucker” before uttering the words he has since admitted were ill-considered, as well as the result of a chemically combustive mental state.

Why Shouldn’t Freedom of the Press Apply to WikiLeaks?

“Robert Smith’s life is over,” says Brown. “And when I say his life is over, I don’t say I’m going to go kill him, but I’m going to ruin his life and look into his fucking kids. How do you like them apples?”

It takes a suspension of disbelief to hear a credible physical threat as defined by law. The rail-thin Brown appears a desperate, pathetic character in need of psychiatric help. A more humane FBI office might have sent a doctor rather than a car of armed agents. But the FBI didn’t send a shrink. That evening a team of armed agents stormed Brown’s apartment, threw him violently to the ground and arrested him for threatening a federal officer.

WikiLeaks Releases ‘Beat the Blockade’ Benefit CD

Over the next four months, federal grand juries issued three multicount indictments for obstruction and “access devicefraud” related to the Stratfor link. It is the last of these that concern civil-liberties activists and that could have a possible chilling effect. “One can’t apply the transfer provision of the statute to someone conducting research,” says Ghappour. “If cutting and pasting a link is the same as the transfer of the underlying data, then anyone on the Internet is prone to violating the Computer Fraud and Abuse Act.”

The FBI has shown interest in expanding that theoretical “anyone” to include Brown’s circle of volunteers. In March, the bureau went hunting for the digital fingerprints of Project PM administrators with a subpoena. The action has shaken the group’s inner circle, as it was surely intended. “It was a pretext to sow discord and fear in Barrett’s project,” says Alan Ross, a U.K. investigator for Project PM. “They were desperate to bolster their case. After the subpoena, people began to worry about being monitored. I worry about my personal safety even though I acted within the confines of the law. I worry about travel.”

Travel is one thing Brown does not have to worry about at the moment. Nor, if the government gets its way, will he have to worry about handling the media, his former specialty. In August, the prosecution requested a gag be placed on Brown and his lawyers, a move that suggests they understand the dangers of public scrutiny of the legal peculiarities of United States vs. Barrett Lancaster Brown.

Meanwhile, Brown has not joined the prison tradition of mastering the law behind bars. Rather than study up on cyberfraud statutes, he has resumed his writing on intel contractors and the pundits who defend them. “Nobody talks to me here,” Brown says of his year in jail, “but I was pretty unsociable on the outside too.” One of the hardest things about incarceration for the atheist has been contending with his cellmates’ singing of hymns. “Prison is great for reading and for thought, until they start in with their Pentecostal nonsense,” says Brown. “It ruins everything.”

His friends keep him supplied with articles and printouts, which lately have included material related to the Edward Snowden leak. Snowden gained access to information about secret NSA spying on private citizens while working for the intelligence subcontractor Booz Allen Hamilton, a company that had been on Brown’s radar long before most Americans learned of it in the wake of Snowden’s bombshells.

“This is all much bigger than me,” Brown says in the visiting room. “What matters is this.” He leans over to tap his handwritten manuscript. The pages of the essay are messy on the table, and sticking out from under the pile is the last sentence on the last page. “This is the world that we accept if we continue to avert our eyes,” it says. “And it promises to get much worse.”

This story is from the August 29th, 2013 issue of Rolling Stone.
http://www.rollingstone.com/culture/news/barrett-brown-faces-105-years-in-jail-20130905

by Alexander Zaitchik
SEPTEMBER 05, 2013

Find this story at 5 September 2013

Copyright ©2013 Rolling Stone

The New York Times has revealed the Drug Enforcement Administration has an even more extensive collection of U.S. phone records than the National Security Agency. Under a secretive DEA program called the Hemisphere Project, the agency has access to records of every phone call transmitted via AT&T’s infrastructure dating back to 1987. That period covers an even longer stretch of time than the NSA’s collection of phone records, which started under President George W. Bush. Each day, some four billion call records are swept into the database, which is stored by AT&T. The U.S. government then pays for AT&T employees to station themselves inside DEA units, where they can quickly hand over records after agents obtain an administrative subpoena. The DEA says the collection allows it to catch drug dealers who frequently switch phones, but civil liberties advocates say it raises major privacy concerns. We speak with Scott Shane, national security reporter for The New York Times and co-author of the report, “Drug Agents Use Vast Phone Trove, Eclipsing NSA’s.”
Transcript

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

AMY GOODMAN: In a moment we’ll be talking about the death of David Frost with the director Ron Howard, but first we turn to news that one government agency has an even more extensive collection of U.S. phone records than the National Security Administration, the NSA. That agency is the Drug Enforcement Administration. In a front-page article, The New York Times has revealed a secretive operation inside the DEA called the Hemisphere Project. Under this program, the DEA has access to records of every phone call over AT&T’s network dating back to 1987. That period covers a longer stretch of time than the NSA’s collection of phone records, which began under President George W. Bush. Some four billion call records are gathered to the DEA’s database every day. It’s unclear if other major phone companies are involved.

Unlike with the NSA, the DEA’s phone records are actually stored by AT&T. The U.S. government then pays for AT&T employees to station themselves inside DEA units, where they can quickly hand over data after agents obtain an administrative subpoena. The U.S. government says the program allows DEA agents to keep up with those in the drug trade who often switch phones. In a statement, Justice Department spokesperson Brian Fallon said that “subpoenaing drug dealers’ phone records is a bread-and-butter tactic in the course of criminal investigations” and that Hemisphere “simply streamlines the process.”

The disclosure of the DEA’s Hemisphere program follows another major revelation involving the DEA and government surveillance. It was revealed last month a secretive DEA unit has used information taken from NSA wiretaps for cases unrelated to terrorism. The DEA has also provided classified intelligence obtained by the NSA and other sources to the Internal Revenue Service to help in their investigations of Americans.

Well, for more, we’re joined by Scott Shane, national security reporter for The New York Times. His front-page article, co-written with Colin Moynihan, appeared in Monday’s New York Times, “Drug Agents Use Vast Phone Trove, Eclipsing N.S.A.’s.”

Welcome to Democracy Now!, Scott Shane. Explain exactly how it’s done and how you found out about this.

SCOTT SHANE: Well, as you mentioned, I wrote this article with Colin Moynihan, a colleague at The New York Times, and he received from an activist in Washington state, named Drew Hendricks, a 27-slide PowerPoint, which was prepared by AT&T and government agents, apparently DEA or possibly other government agencies, and essentially they’re training slides to introduce folks who are going to be working on the Hemisphere Project, how it works and what it can do. And Drew Hendricks, the activist in Washington, got these slides as part of a series of public information requests. He’s sort of a peace activist out there, and he had been helping some folks with a lawsuit and just, you know, fired off a bunch of public information requests to police agencies in Washington state and other places on the West Coast. This set of slides came back with one of those requests.

Drew Hendricks believes it may have been sent actually by accident, included by accident. And so—but, in fact, it’s unclassified. It’s marked “Law enforcement sensitive,” but it’s unclassified, and it actually states that the Hemisphere Project is unclassified. What’s kind of remarkable to us is that this has been going on for at least six years under the name Hemisphere Project, and it’s unclassified, but no one has ever learned about it. I couldn’t find a single reference to it in the Nexis database or on the web. And so, they’ve kept it very well hidden, and indeed some of the slides say, if you get information from Hemisphere, never reveal the source of the information. So, the government has kept this very, very well hidden, along with AT&T.

AMY GOODMAN: And explain what exactly it is, what AT&T is keeping records of and how the government uses this information.

SCOTT SHANE: AT&T operates what are called switches, through which telephone calls travel all around the country. And what AT&T does in this program is it collects all the—what are called the CDRs, the call data records, the so-called metadata from the calls that we’ve heard about in the NSA context. This is the phone number—phone numbers involved in a call, its time, its duration, and in this case it’s also the location. Some are cellphone calls; some are land line calls. Anything that travels through an AT&T switch, even if it’s not made by an AT&T customer—for example, if you’re using your T-Mobile cellphone but your call travels through an AT&T switch somewhere in the country, it will be picked up by this project and dumped into this database. So AT&T collects the information on all these calls, basically who called who when all over the country. And as you mentioned, there is a slide that says four billion—with a B—call data records are added to the database every day. I’m told by some technical experts that it’s possible one call can create more than one call data record. Apparently, if a cellphone, for example, in a moving car switches from one tower to another, that could be another record, so—because those numbers sound pretty high, 12—you know, maybe 12 or so calls per American per day.

But anyway, all that call data goes into this giant database, and then when a drug agent at one of three centers around the country—in Los Angeles, Houston and Atlanta—finds a number of interest, they can ask the AT&T person sitting next to them, “Check this out.” The AT&T person accesses the database, the Hemisphere database, and they can come back with a record of, you know, “Here’s the other numbers called by this number, the number you’re interested in,” and when and where, in many cases, and then they can follow up.

I should say that in order to access the database, the government says that the agent asking AT&T to make the search has to produce at least what’s called an administrative subpoena, which is essentially a form, a DEA form, not approved by a court or by a judge, but simply a DEA form saying, you know, here’s why we’re interested in this number. So there’s no judicial oversight, but it is—these administrative subpoenas are used routinely in a criminal investigation. So the government’s side of the story is that this is no different from kind of routine criminal investigation that happens every day.

AMY GOODMAN: Scott Shane, very quickly, my final question is about the issue of privacy. What does this raise for Americans?

SCOTT SHANE: Well, I think what it shows is that, apart from the program we’ve learned about with the NSA in recent months, there are many other programs that the government has, many of them related to law enforcement as well as to intelligence gathering, and also that the government works extremely closely with some telecommunications and Internet companies, sometimes using court orders but often using voluntary arrangements like this one, and often paying the companies to participate, so that the universe of data that’s gathered and has implications for American privacy goes way beyond any one agency or even beyond the government itself into the corporate sector.

AMY GOODMAN: Scott Shane, I want to thank you for being with us, national security reporter for The New York Times. We’ll link to your front-page article yesterday, “Drug Agents Use Vast Phone Trove, Eclipsing N.S.A.’s.”

Tuesday, September 3, 2013

Find this story at 3 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.

For at least six years, US anti-drug agents have used subpoenas to routinely gain access to an enormous AT&T database. It’s an intrusion greater in scale and longevity than the NSA’s collection of phone calls, revealed by Edward Snowden’s leaks.

As part of the secret Hemisphere Project the government has been paying AT&T to place its employees in drug-fighting units around the country, the New York Times reports.

The US’s largest telecoms operator has been supplying phone data to the Drug Enforcement Administration since 1987.

The project covers every call that passes through an AT&T switch, including those made by clients of other operators, with some four billion call records added to the database on a daily basis.

And, unlike the much debated NSA data, the Hemisphere data includes information on the location of those, making the calls.

The New York Times found out about the surveillance program after it received slides, describing the Hemisphere Project, from peace activist, Drew Hendricks.

The activist said he was sent the PowerPoint presentation – which is unclassified, but marked “Law enforcement sensitive” – in response to a series of public information requests to West Coast police agencies.

The slides revealed that the program was launched back in 2007 and has been carried out in great secrecy since then.

“All requestors are instructed to never refer to Hemisphere in any official document,” one of the slides said.

The paper performed a search of the Nexis database, but found no reference to the program in news reports or Congressional hearings.

The US administration has acknowledged that Hemisphere is operational in three states, adding that the project employed routine investigative procedures used in criminal cases for decades and posed no novel privacy issues.

Justice Department spokesman, Brian Fallon, stressed that it’s crucial that the phone data is stored by AT&T, and not by the government like in the NSA case. It has requested phone numbers of interest mainly using what are called “administrative subpoenas,” those issued not by a grand jury or a judge, but by a federal agency, the DEA.

According to the spokesman, Hemisphere proved especially effective in finding criminals, who frequently discard their cellphones in order to avoid being tracked by polices.

“Subpoenaing drug dealers’ phone records is a bread-and-butter tactic in the course of criminal investigations,” he said in a statement.

The 27-slide PowerPoint presentation highlights several cases, in which Hemisphere solved big crimes, with not all of them being drug-related.

For example, this March it found the new phone number and location of a man, who impersonated a general at a San Diego Navy base and then ran over a Navy intelligence agent.

In 2011, Hemisphere tracked Seattle drug dealers, who were rotating prepaid phones, leading to the seizure of 136 kilos of cocaine and $2.2 million.

AT&T spokesman, Mark A. Siegel, declined to answer detailed questions on Hemisphere, only saying that AT&T “like all other companies, must respond to valid subpoenas issued by law enforcement.”

Representatives from Verizon, Sprint and T-Mobile all declined to comment when asked by the New York Times whether their companies participated in Hemisphere or any other similar programs.

An undisclosed federal law enforcement official told the paper the Hemisphere Project was “singular” and that he knew of no comparable program involving other phone companies.

It’s not the first time AT&T has been involved in federal surveillance programs, the company operated a telecommunication interception facility for the NSA between 2003 and 2006.

Published time: September 02, 2013 23:41
Edited time: September 04, 2013 09:04

Find this story at 4 September 2013

© Autonomous Nonprofit Organization “TV-Novosti”, 2005–2013.

For at least six years, law enforcement officials working on a counternarcotics program have had routine access, using subpoenas, to an enormous AT&T database that contains the records of decades of Americans’ phone calls — parallel to but covering a far longer time than the National Security Agency’s hotly disputed collection of phone call logs.

The Hemisphere Project, a partnership between federal and local drug officials and AT&T that has not previously been reported, involves an extremely close association between the government and the telecommunications giant.

The government pays AT&T to place its employees in drug-fighting units around the country. Those employees sit alongside Drug Enforcement Administration agents and local detectives and supply them with the phone data from as far back as 1987.

The project comes to light at a time of vigorous public debate over the proper limits on government surveillance and on the relationship between government agencies and communications companies. It offers the most significant look to date at the use of such large-scale data for law enforcement, rather than for national security.

The scale and longevity of the data storage appears to be unmatched by other government programs, including the N.S.A.’s gathering of phone call logs under the Patriot Act. The N.S.A. stores the data for nearly all calls in the United States, including phone numbers and time and duration of calls, for five years.

Hemisphere covers every call that passes through an AT&T switch — not just those made by AT&T customers — and includes calls dating back 26 years, according to Hemisphere training slides bearing the logo of the White House Office of National Drug Control Policy. Some four billion call records are added to the database every day, the slides say; technical specialists say a single call may generate more than one record. Unlike the N.S.A. data, the Hemisphere data includes information on the locations of callers.

The slides were given to The New York Times by Drew Hendricks, a peace activist in Port Hadlock, Wash. He said he had received the PowerPoint presentation, which is unclassified but marked “Law enforcement sensitive,” in response to a series of public information requests to West Coast police agencies.

The program was started in 2007, according to the slides, and has been carried out in great secrecy.

“All requestors are instructed to never refer to Hemisphere in any official document,” one slide says. A search of the Nexis database found no reference to the program in news reports or Congressional hearings.

The Obama administration acknowledged the extraordinary scale of the Hemisphere database and the unusual embedding of AT&T employees in government drug units in three states.

But they said the project, which has proved especially useful in finding criminals who discard cellphones frequently to thwart government tracking, employed routine investigative procedures used in criminal cases for decades and posed no novel privacy issues.

Crucially, they said, the phone data is stored by AT&T, and not by the government as in the N.S.A. program. It is queried for phone numbers of interest mainly using what are called “administrative subpoenas,” those issued not by a grand jury or a judge but by a federal agency, in this case the D.E.A.

Brian Fallon, a Justice Department spokesman, said in a statement that “subpoenaing drug dealers’ phone records is a bread-and-butter tactic in the course of criminal investigations.”

Mr. Fallon said that “the records are maintained at all times by the phone company, not the government,” and that Hemisphere “simply streamlines the process of serving the subpoena to the phone company so law enforcement can quickly keep up with drug dealers when they switch phone numbers to try to avoid detection.”

He said that the program was paid for by the D.E.A. and the White House drug policy office but that the cost was not immediately available.

Officials said four AT&T employees are now working in what is called the High Intensity Drug Trafficking Area program, which brings together D.E.A. and local investigators — two in the program’s Atlanta office and one each in Houston and Los Angeles.

Daniel C. Richman, a law professor at Columbia, said he sympathized with the government’s argument that it needs such voluminous data to catch criminals in the era of disposable cellphones.

“Is this a massive change in the way the government operates? No,” said Mr. Richman, who worked as a federal drug prosecutor in Manhattan in the early 1990s. “Actually you could say that it’s a desperate effort by the government to catch up.”

But Mr. Richman said the program at least touched on an unresolved Fourth Amendment question: whether mere government possession of huge amounts of private data, rather than its actual use, may trespass on the amendment’s requirement that searches be “reasonable.” Even though the data resides with AT&T, the deep interest and involvement of the government in its storage may raise constitutional issues, he said.

Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said the 27-slide PowerPoint presentation, evidently updated this year to train AT&T employees for the program, “certainly raises profound privacy concerns.”

“I’d speculate that one reason for the secrecy of the program is that it would be very hard to justify it to the public or the courts,” he said.

Mr. Jaffer said that while the database remained in AT&T’s possession, “the integration of government agents into the process means there are serious Fourth Amendment concerns.”

Mr. Hendricks filed the public records requests while assisting other activists who have filed a federal lawsuit saying that a civilian intelligence analyst at an Army base near Tacoma infiltrated and spied on antiwar groups. (Federal officials confirmed that the slides are authentic.)

Mark A. Siegel, a spokesman for AT&T, declined to answer more than a dozen detailed questions, including ones about what percentage of phone calls made in the United States were covered by Hemisphere, the size of the Hemisphere database, whether the AT&T employees working on Hemisphere had security clearances and whether the company has conducted any legal review of the program

“While we cannot comment on any particular matter, we, like all other companies, must respond to valid subpoenas issued by law enforcement,” Mr. Siegel wrote in an e-mail.

Representatives from Verizon, Sprint and T-Mobile all declined to comment on Sunday in response to questions about whether their companies were aware of Hemisphere or participated in that program or similar ones. A federal law enforcement official said that the Hemisphere Project was “singular” and that he knew of no comparable program involving other phone companies.

The PowerPoint slides outline several “success stories” highlighting the program’s achievements and showing that it is used in investigating a range of crimes, not just drug violations. The slides emphasize the program’s value in tracing suspects who use replacement phones, sometimes called “burner” phones, who switch phone numbers or who are otherwise difficult to locate or identify.

In March 2013, for instance, Hemisphere found the new phone number and location of a man who impersonated a general at a San Diego Navy base and then ran over a Navy intelligence agent. A month earlier the program helped catch a South Carolina woman who had made a series of bomb threats.

And in Seattle in 2011, the document says, Hemisphere tracked drug dealers who were rotating prepaid phones, leading to the seizure of 136 kilos of cocaine and $2.2 million.

September 1, 2013
By SCOTT SHANE and COLIN MOYNIHAN

Find this story at 1 September 2013

© 2013 The New York Times Company

So the paranoid hippie pot dealer you knew in college was right all along: The feds really were after him. In the latest post-Snowden bombshell about the extent and consequences of government spying, we learned from Reuters reporters this week that a secret branch of the DEA called the Special Operations Division – so secret that nearly everything about it is classified, including the size of its budget and the location of its office — has been using the immense pools of data collected by the NSA, CIA, FBI and other intelligence agencies to go after American citizens for ordinary drug crimes. Law enforcement agencies, meanwhile, have been coached to conceal the existence of the program and the source of the information by creating what’s called a “parallel construction,” a fake or misleading trail of evidence. So no one in the court system – not the defendant or the defense attorney, not even the prosecutor or the judge – can ever trace the case back to its true origins.

On one hand, we all knew more revelations were coming, and the idea that the government would go after drug suspects with the same dubious extrajudicial methods used to pursue terrorism suspects is a classic and not terribly surprising example of mission creep. Both groups have been held up as bogeymen for years, in order to scare the public into accepting ever nastier and more repressive laws. This gives government officials another chance to talk to us in their stern grown-up voices about how this isn’t civics class, and sometimes they have to bend the rules to catch Really Bad People.

On the other hand, this is a genuinely sinister turn of events with a whiff of science-fiction nightmare, one that has sounded loud alarm bells for many people in the mainstream legal world. Nancy Gertner, a Harvard Law professor who spent 18 years as a federal judge and cannot be accused of being a radical, told Reuters she finds the DEA story more troubling than anything in Edward Snowden’s NSA leaks. It’s the first clear evidence that the “special rules” and disregard for constitutional law that have characterized the hunt for so-called terrorists have crept into the domestic criminal justice system on a significant scale. “It sounds like they are phonying up investigations,” she said. Maybe this is how a police state comes to America: Not with a bang, but with a parallel construction.

By Andrew O’Hehir
Saturday, Aug 10, 2013 06:30 PM +0200

Find this story at 10 August 2013

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