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

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

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

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

Agent Thomas gave a demonstration of both Carnivore 1.34 (the currently
deployed version) and Carnivore 2.0 (the development version) as well as
some of the other DragonWare tools.
Most of this information isn’t new, but it demonstrates that the
DragonWare tools can be used to massively analyze all network traffic
accessible to a Carnivore box.
The configuration screen of Carnivore shows that protocol information can
be captured in 3 different modes: Full, Pen, and None. There are check
boxes for TCP, UDP, and ICMP.
Carnivore can be used to capture all data sent to or from a given IP
address, or range of IP addresses.
It can be used to search on information in the traffic, doing matching
against text entered in the “Data Text Strings” box. This, the agent
assured us, was so that web mail could be identified and captured, but
other browsing could be excluded.
It can be used to automatically capture telnet, pop3, and FTP logins with
the click of a check box.
It can monitor mail to and/or from specific email addresses.
It can be configured to monitor based on IP address, RADIUS username, MAC
address, or network adaptor.
IPs can be manually added to a running Carnivore session for monitoring.
Carnivore allows for monitoring of specific TCP or UDP ports and port
ranges (with drop down boxes for the most common protocols).
Carnivore 2.0 is much the same, but the configuration menu is cleaner, and
it allows Boolean statements for exclusion filter creation.
—
The Packeteer program takes raw network traffic dumps, reconstructs the
packets, and writes them to browsable files.
CoolMiner is the post-processor session browser. The demo was version
1.2SP4. CoolMiner has the ability to replay a victim’s steps while web
browsing, chatting on ICQ, Yahoo Messenger, AIM, IRC. It can step through
telnet sessions, AOL account usage, and Netmeeting. It can display
information sent to a network printer. It can process netbios data.
CoolMiner displays summary usage, broken down by origination and
destination IP addresses, which can be selectively viewed.
Carnivore usually runs on Windows NT Workstation, but could run on Windows
2000.
Some choice quotes from Agent Thomas:
“Non-relevant data is sealed from disclosure.”
“Carnivore has no active interaction with any devices on the network.”
“In most cases Carnivore is only used with a Title III. The FBI will
deploy Carnivore without a warrant in cases where the victim is willing to
allow a Carnivore box to monitor his communication.”
“We rely on the ISP’s security [for the security of the Carnivore box].”
“We aren’t concerned about the ISP’s security.”
When asked how Carnivore boxes were protected from attack, he said that
the only way they were accessible was through dialup or ISDN. “We could
take measures all the way up to encryption if we thought it was
necessary.”
While it doesn’t appear that Carnivore uses a dial-back system to prevent
unauthorized access, Thomas mentioned that the FBI sometimes “uses a
firmware device to prevent unauthorized calls.”
When asked to address the concerns that FBI agents could modify Carnivore
data to plant evidence, Thomas reported that Carnivore logs FBI agents’
access attempts. The FBI agent access logs for the Carnivore box become
part of the court records. When asked the question “It’s often common
practice to write back doors into [software programs]. How do we know you
aren’t doing that?”, Thomas replied “I agree 100%. You’re absolutely
right.”
When asked why the FBI would not release source, he said: “We don’t sell
guns, even though we have them.”
When asked: “What do you do in cases where the subject is using
encryption?” Thomas replied, “This suite of devices can’t handle that.” I
guess they hand it off to the NSA.
He further stated that about 10% of the FBI’s Carnivore cases are thwarted
by the use of encryption, and that it is “more common to find encryption
when we seize static data, such as on hard drives.”
80% of Carnivore cases have involved national security.
Marcus Thomas can be contacted for questions at mthomas@fbi.gov or at
(730) 632-6091. He is “usually at his desk.”
24 October 2000
Find this story at 24 October 2000

Abdeen Jabara was hardly shocked when the scandal over the National Security Agency’s global surveillance dragnet broke in June.

“I was not at all surprised by the Snowden revelations about the NSA,” Jabara, a prominent lawyer and a founder of the American-Arab Anti-Discrimination Committee, told me in a phone interview. “The United States has this huge, huge international surveillance apparatus in place and after 9/11 they were going to use it as much as they could as part of the war on terror. It was just too tempting.”

He would know–he’s lived it. Jabara is one of many Americans to have been personally spied on by the NSA decades ago. A court battle that started in 1972 eventually forced the secretive surveillance agency to acknowledge that it pried into the life of an American in an effort that began in August 1967. The disclosure was the first time the U.S. admitted it had spied on an American.

Jabara’s story lays bare the deep roots of the NSA’s surveillance. Today, with the NSA operating under the ethos of “collect it all,” there’s much more surveillance of Americans when compared to prior decades. But the current spying occurs in a less targeted way.

Documents published by The Guardian have revealed that virtually every American’s communications are swept up by phone and Internet surveillance, though the government is not targeting individual Americans. Instead, the NSA is targeting foreigners but has retained–and sometimes searched– information about Americans in communication with foreign subjects of spying. In contrast, Jabara was working as a lawyer at a time when the NSA was specifically targeting domestic dissidents.

In 1972, Jabara filed suit against the government for prying into his life. A young Detroit-based attorney at the time, Jabara represented people from the Arab-American community caught up in legal trouble. He also took on the cases of people harassed by the Federal Bureau of Investigation, which had stepped up efforts to surveil Arab activists in the aftermath of the 1967 war, when the U.S. alliance with Israel was solidified. Jabara was caught up in what was called “Operation Boulder,” a Nixon administration-era program that put Arabs under surveillance. “Operation Boulder,” which was sparked by the murder of Israeli athletes at the Munich Olympics in 1972, went after domestic activist groups and was instrumental in the deportation of hundreds of people on technical irregularities.

Jabara was spied on without a warrant, albeit incidentally–the U.S. government never targeted him, but surveilled phone calls and telegrams from his clients. His case forced the government to disclose that Jabara was spied on and that non-governmental domestic groups shared information on Jabara with the U.S. The FBI was the primary agency tracking him, but it was the NSA that furnished the federal law enforcement agency with records of Jabara’s phone conversations.

In 1979, a federal district court judge handed Jabara and his legal team a victory with a ruling that said the U.S. had violated Jabara’s Fourth Amendment and privacy rights. The federal government appealed, and a separate court delivered a setback to Jabara. In 1982, an appeals court ruled that the government can intercept conversations between U.S. citizens and people overseas–even if there is no reason to believe the citizen is a “foreign agent.” The final step in the case came in 1984, when the FBI agreed to destroy all the files on Jabara and stipulated that the lawyer did not engage in criminal activity.

The timeline of Jabara’s case traverses a changing legal landscape governing surveillance. When Jabara first filed suit, there was no legal framework prohibiting the government from spying on Americans without a warrant. But in the wake of disclosures about the NSA keeping a “watch list” of some 1,650 anti-war activists and other evidence of domestic surveillance, the Foreign Intelligence Surveillance Act was passed in 1979. The act required intelligence agencies to go to a secretive court–where the judges are handpicked by the Supreme Court’s Chief Justice–in order to target Americans. It’s an open question whether the secretive court, criticized for being deferential to government claims, would have denied the NSA’s and FBI’s bid to spy on Jabara. But it would have had to show probable cause that Jabara was an agent of a foreign power–an assertion that federal judges eventually rejected.

Parallels between current-day surveillance and the spying on Jabara are easy to come by. The U.S. government attempted to shield disclosing data on surveilling Jabara by asserting the “state secrets” privilege. The Obama administration used the same argument to try to dismiss a lawsuit against the NSA. Both surveillance efforts raise the question of how to square a secret spying regime with a Constitution that ostensibly protects privacy. And the government revealed that it shared information on Jabara with three foreign governments–a foreshadowing of revelations that the U.S. shares intelligence information with allies, including the Israeli government. (Jabara suspected that the U.S. shared data on him with Israel, though the government denied that.)

Lee Tien, a senior staff attorney with the Electronic Frontier Foundation, said that not much had shifted since the government spied on Jabara. “What has changed is that the intelligence community is doing even more surveillance,” Tien told me in an interview. “What didn’t change? They’re still surveilling people in the United States and they’re doing it illegally.”

Now, the question is whether more legal checks will be put on the NSA’s surveillance regime. The secretive agency is battling civil liberties groups in courts and could be reined in by new legislation proposed by elected officials. But Jabara’s case–and the long history of NSA spying–shows that despite reform efforts, spying on Americans continues unabated.

Alex Kane on October 3, 2013

Find this story at 3 October 2013

© 2013 Mondoweiss

As more revelations come to light about the National Security Agency, we speak to civil rights attorney Abdeen Jabara, co-founder of the American-Arab Anti-Discrimination Committee. He was involved in a groundbreaking court case in the 1970s that forced the NSA to acknowledge it had been spying on him since 1967. At the time of the spying, Jabara was a lawyer in Detroit representing Arab-American clients and people being targeted by the FBI. The disclosure was the first time the NSA admitted it had spied on an American.
Transcript

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

AMY GOODMAN: I want to turn now to a—perhaps related, but certainly to the climate, I want to end today’s show on the National Security Agency. Our guest here in New York, Abdeen Jabara, who was co-founder of the American-Arab Anti-Discrimination Committee, was involved in a groundbreaking court case in the 1970s that forced the National Security Agency to acknowledge it had been spying on him since 1967. The disclosure was the first time, I believe, that the NSA admitted it had spied on an American. I mean, this is at a time, Abdeen Jabara, that most people had no idea what the NSA was. This is not like these last few months.

ABDEEN JABARA: Well, it was—this is very interesting. I didn’t know what the NSA was. I mean, I started a lawsuit against the FBI, because I thought that the FBI had been spying on me and monitoring my activities—

AMY GOODMAN: Why?

ABDEEN JABARA: —and that of my clients. Well, I’ll tell you why. Because I had been very, very active in Palestinian support work. And one day I read in Newsweek magazine, in the Periscope section, that 26 Arabs in the United States had been targeted for surveillance, electronic surveillance. So, I thought, surely, some of those had been clients of mine or had talked to me on the phone about issues and so forth. And that’s when I brought the lawsuit. And—

AMY GOODMAN: So you sued the FBI in 1972.

ABDEEN JABARA: Right, I sued the FBI in 1972, and the FBI answered. And on the issue about electronic surveillance, they declined to answer on the basis that it was privileged and state secret. At that point in time, the ACLU came in to represent me, and we forced them to answer that question. They admitted that there had been some overhears, alright, that I had not been personally targeted for electronic surveillance, but there had been overhears of my conversations with some of my clients. And they also said they received information from other federal agencies. And they didn’t want to answer that, who that agency was. And the court compelled them to answer. And it turned out that other agency was the NSA. And we didn’t know, you know, what the NSA was. Jim Bamford’s book, The Puzzle Palace, hadn’t yet been published. And we found out that the FBI had requested any information that the NSA had, and the NSA had six different communications that I had made. I was president of the Association of American Arab University Graduates in 1972, so I had a great deal of work on my plate as the president of the association. And I don’t know what these communications were.

And the district court, Judge Ralph Freeman, held that my First Amendment and my Fourth Amendment rights had been violated. An appeal was made to the Sixth Circuit Court of Appeals in Cincinnati. And the Sixth Circuit set aside part of that ruling, saying that there is no violation of a Fourth Amendment right by the National Security Agency to surveil an American’s communications overseas, even though the person is not a foreign agent. And, in fact, five years ago, Congress codified that, where they have said—and there’s an article in today’s New York Times about this—by saying that there’s no warrant requirement where the target is a foreign target, even though an American citizen is communicating overseas.

So, this whole issue, I was surprised, after all the revelations about the Snowden-NSA brouhaha, that nobody had looked back at what had occurred back in the—in the ’70s to show that at that time it came out in the press that over 1,600 Americans had been surveilled by the NSA. And this was before the passage of FISA, Foreign Intelligence Surveillance Act. Out of that issue in the ’70s, they passed this FISA Act, which said that—and they set up a secret court, which is the national security court. The judges of that are appointed by the chief justice of the Supreme Court.

AMY GOODMAN: We have less than a minute. So—

ABDEEN JABARA: Yes.

AMY GOODMAN: —keep going.

ABDEEN JABARA: So, they set that up, and they said that that will create safeguards, alright? This will create safeguards, and that the only targets can be foreign agents.

AMY GOODMAN: Finally, Abdeen Jabara, so there are all these records on you, not only that the FBI and NSA had. How many other agencies had them? And did you get them expunged?

ABDEEN JABARA: As a matter of fact, I did. After the case was remanded to the trial court, the district in Detroit, we entered into a settlement with the FBI whereby they acknowledged that I had not been in violation of any U.S. laws, that I had been exercising my constitutional rights, and that they would destroy the entire file that they had collected on me.

AMY GOODMAN: How many agencies had they shared this file with?

ABDEEN JABARA: They had shared it with three foreign governments and 17—

AMY GOODMAN: Which governments?

ABDEEN JABARA: —17 domestic agencies.

AMY GOODMAN: Which governments?

ABDEEN JABARA: Well, they didn’t tell us.

AMY GOODMAN: Ah—

ABDEEN JABARA: But you can just surmise.

AMY GOODMAN: I want to thank you all for being with us. Thank you so much, Abdeen Jabara, former vice chair of the ADC, one of the founders of the American-Arab Anti-Discrimination Committee; Albert Mokhiber, former president of the ADC; and Congressmember John Conyers. Congratulations on your almost 50 years of service.

I’ll be speaking on Saturday at 2:00 at the Green Fest in Los Angeles, and at 6:00 at Newport Beach Marriott in California.

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.

Thursday, October 17, 2013

Find this story at 17 October 2013

Giant corporations are employing highly unethical or illegal tools of espionage against nonprofit organizations with near impunity, according to a new report by Essential Information. The report, titled Spooky Business, documents how corporations hire shady investigative firms staffed with former employees of the Central Intelligence Agency (CIA), National Security Agency (NSA), US military, Federal Bureau of Investigations (FBI), Secret Service and local police departments to target nonprofit organizations.

“Corporate espionage against nonprofit organizations is an egregious abuse of corporate power that is subverting democracy,” said Gary Ruskin, author of Spooky Business. “Who will rein in the forces of corporate lawlessness as they bear down upon nonprofit defenders of justice?”

Many of the world’s largest corporations and their trade associations — including the U.S. Chamber of Commerce, Walmart, Monsanto, Bank of America, Dow Chemical, Kraft, Coca-Cola, Chevron, Burger King, McDonald’s, Shell, BP, BAE, Sasol, Brown & Williamson and E.ON – have been linked to espionage or planned espionage against nonprofit organizations, activists and whistleblowers.

Many different types of nonprofit organizations have been targeted with corporate espionage, including environmental, anti-war, public interest, consumer, food safety, pesticide reform, nursing home reform, gun control, social justice, animal rights and arms control groups.

Corporations and their trade associations have been linked to a wide variety of espionage tactics against nonprofit organizations. The most prevalent tactic appears to be infiltration by posing a volunteer or journalist, to obtain information from a nonprofit. But corporations have been linked to many other human, physical and electronic espionage tactics against nonprofits. Many of these tactics are either highly unethical or illegal.

Founded in 1982 by Ralph Nader, Essential Information is a Washington, DC-based nonprofit, tax-exempt organization. It is involved in a variety of projects to promote corporate accountability, a more just economy, public health and a sustainable planet. It has published a bi-monthly magazine, books and reports, sponsored conferences, provided writers with grants to pursue investigations, published daily news summaries, operated clearinghouses that disseminate information to grassroots organizations in the United States and developing countries worldwide, and has hosted scores of conferences focusing on government and corporate accountability.

November 20, 2013 · by editor · in Corporate Espionage

Find the report at 20 November 2013

© 2013 Center for Corporate Policy

A new report details how corporations are increasingly spying on nonprofit groups they regard as potential threats. The corporate watchdog organization Essential Information found a diverse groups of nonprofits have been targeted with espionage, including environmental, antiwar, public interest, consumer safety, pesticide reform, gun control, social justice, animal rights and arms control groups. The corporations carrying out the spying include the U.S. Chamber of Commerce, Wal-Mart, Monsanto, Bank of America, Dow Chemical, Kraft, Coca-Cola, Chevron, Burger King, McDonald’s, Shell, BP, and others. According to the report, these corporations employ former CIA, National Security Agency and FBI agents to engage in private surveillance work, which is often illegal in nature but rarely — if ever — prosecuted. We’re joined by Gary Ruskin, author of the report, “Spooky Business: Corporate Espionage Against Nonprofit Organizations,” and director of the Center for Corporate Policy, a project of Essential Information.

Click here to watch part 2 of this interview.
Transcript

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

AMY GOODMAN: As we turn to a new report detailing how corporations are increasingly spying on nonprofit groups that they regard as potential threats. The report’s called, “Spooky Business: Corporate Espionage Against Nonprofit Organizations.” It was released by the corporate watch group Essential Information. The report found a diverse group of nonprofits have been targeted with espionage, including environmental, antiwar, public interest, consumer safety, pesticide reform, gun control, social justice, animal rights, and arms control groups. The corporations carrying out the spying include the U.S. Chamber of Commerce, Wal-Mart, Monsanto, Bank of America, Dow Chemical, Kraft, Coca-Cola, Chevron, Burger King, McDonald’s, Shell, BP, and others. According to the report, these corporations employ former CIA, NSA and FBI agents to engage in private surveillance work which is often illegal in nature but rarely, if ever, prosecuted. For more we go to California where we’re joined by the report’s author, Gary Ruskin. He is the director of the Center for Corporate Policy, a project of Essential Information. Gary, Welcome back to Democracy Now! Explain what you found.

GARY RUSKIN: Thanks for having me on the show again, Amy. Yeah, we found a tremendous diversity of corporate espionage being conducted against a wide variety of civic groups across the country and the U.K., the case in Ecuador and in France as well. So what we found was a tremendous variety of use of different types of espionage tactics from dumpster diving to hiring investigators to pose as journalists or volunteers, to electronic espionage, information warfare, information operations hacking, electronic surveillance. And so this appears to be a growing phenomenon both here in the United States and maybe in other parts of the world as well. But our report is an effort to document something that’s very hard to know very much about. We aggregated 30 different cases of corporate espionage to try to talk about them, but really, each of the cases we have very fragmentary information. And so it’s hard to say — we have a, we have a part of an iceberg whether it’s the tip of the iceberg or the tippy tip of the iceberg, we don’t really know.

AMY GOODMAN: Gary, let’s got to — I want to go to 2010; Greenpeace files a federal lawsuit against Dow Chemical and Sasol North America for engaging in corporate espionage. The lawsuit alleged corporate spies stole thousands of confidential documents from Greenpeace, including campaign plans, employee records; phone records, donor and media lists. Democracy Now! spoke to Charlie Cray, the senior researcher with Greenpeace USA at the time. He explained what happened.

CHARLIE CRAY: BBI, the defunct private investigation firm hired subcontractors including off-duty police officers who went through Greenpeace’s trash to find useful documents on a regular basis. Over two years they did this almost twice a week on average. They also used subcontractors who had colleagues who attempted to infiltrate Greenpeace as volunteers. They cased the Greenpeace office looking for we don’t know what, but probably doing advanced scouting for people who would then intrude upon the property. We found a list of door codes, we found a folder that said “wiretap info,” which was empty. We know this company has sub-contracted with a company called Net Safe, which is a company that was made of former NSA officials skilled in computer hacking and things like that. So we really don’t know the full extent of this, but what we’ve seen is incredibly shocking. And our goal is to bring this out into the light of day and to stop it if it’s still going on.”

AMY GOODMAN: That was Charlie Cray, senior researcher with Greenpeace USA. Gary Ruskin, if you could responded to that and then talk about Wal-Mart and Up Against the Wall, the nonprofit organization?

GARY RUSKIN: The Greenpeace example is a great example of what corporate America can bring to bear, the lawlessness that they can bring to bear on nonprofit organizations like Greenpeace, like Peta, like Knowledge Ecology International, on Public Citizen and others. This was a tremendously diverse and powerful campaign of espionage that they targeted Greenpeace with. And so, you know, there are so many other examples in the report, but you mentioned Wal-Mart has a very large internal security operation and so we know of a case, for example, where they planted essentially a person with a bug in a meeting of people organizing about Wal-Mart and then as well they had a van that was able to surveil some other activities, protest activities as well. There are so many stories we can tell from the report. Another famous one was the largest operated nuclear power plants in the world; Electricite de France, caught with a copy of a Greenpeace hard drive on one of its contractor’s computers because they’d hacked into Greenpeace France. So there just so many stories we can tell.

AMY GOODMAN: So how does it go from spying to interrupting the activity of these organizations? And also if you could also talk about the spying on Occupy Wall Street.

GARY RUSKIN: Sure. Well, what we found in some of the cases is there are spies that actually, you know, actively participate in an organization. For example, one of the most famous cases was a woman who’s real name was Mary Lou Sapone, who went by a Mary McFate and was very active in gun control movement for quite a long time and ran for the National Board of Directors of a prominent gun control organization and worked with the Brady Campaign like. She was totally a spy. Another example was there was —

AMY GOODMAN: A spy for?

GARY RUSKIN: A spy probably for the NRA. And then there are other pretty well-known examples, like for example, there was a former congressman the late Congressmen Henry Hyde was also a bank director at a bank, he didn’t pay — the bank went belly up and he was the only bank director who did not pay the settlement for the bank going defunct. And he had a lawyer dispatch a journalist or someone who posed as a journalist to get information from the guy who uncovered so much of this Ron Dueling [SP].

AMY GOODMAN: Well Gary Ruskin, we are going to continue covering this issue, were going do part 2 of the interview and post it online at democracynow.org. Gary Ruskin is Director of The Center for Corporate Policy, a project of Essential Information. We’ll link to the report “Spooky Business: Corporate Espionage Against Nonprofit Organizations.”

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.

Monday, November 25, 2013

Find this story at 25 November 2013

Worden Greenpeace, Milieudefensie en andere milieuorganisaties in Nederland in de gaten gehouden door de bedrijven die zij kritisch volgen? Duidelijke aanwijzingen zijn er niet, maar de Amerikaanse praktijk van de jaren negentig die James Ridgeway in het maanblad Motherjones schetst, plaatst vraagtekens bij deze betrekkelijke rust. Het verhaal van Ridgeway is een moderne variant van de oud papier-affaire die Buro Jansen & Janssen in 1994 onthulde. Marcel Paul Knotter haalde toen

jarenlang oud papier op bij verschillende actiegroepen. Het papier was zogenaamd bestemd voor een school, maar in werkelijkheid bracht hij het naar het kantoor van ABC in Vinkeveen. ABC was het particuliere recherchebureau van Peter Siebelt, die de informatie regelmatig deelde met de Telegraaf. In het Amerikaanse verhaal gaat het om Beckett Brown International (BBI), in 2000 omgedoopt tot S2i. BBI, werkzaam van 1995 tot en met 2001, was een maatje groter dan ABC. Het bedrijf kon tot zijn klantenkring the Carlyle Group, the National Rifle Assocoation, Wal-Mart, maar ook grote public-relations bedrijven zoals Ketchum en Nichols-Dezenhall Communications rekenen. Ketchum is een internationaal pr bedrijf en heeft in Nederland als zakelijke partner Winkelman en Van Hessen. Ridgeway sprak uitgebreid met de gedesillusioneerde investeerder John C. Dodd III die hem ook verschillende interne documenten van BBI overhandigde.

Het verhaal van Beckett Brown International begint in 1994 in Easton, Maryland, de Verenigde Staten. Beckett is werkzaam in de adviseringsbranche en introduceert Dodd aan een voormalig medewerker van de geheime dienst Paul Radowski en later nog aan Joseph A. Masonis en een expert in explosieven George Ferris. Het bedrijf Beckett Brown International, vernoemd naar Richard Beckett en Sam Brown, de advocaat van het bedrijf, gaat officieel in augustus 1995 van start met Radowski, Masonis en Ferris als medewerkers. BBI is een allround beveiligingsbedrijf. Het verzorgt in 1997 de beveiliging van de inauguratie van Bill Clinton en heeft in het begin klanten als Phillip Morris. In 1998 telt het bedrijf 22 medewerkers waaronder David Bresset, Phil Giraldi en Vincent Cannistraro drie voormalige CIA officieren. Cannistraro was voormalig hoofd van het Contra-terreur-centrum van de CIA en in de jaren tachtig verantwoordelijk voor de Amerikaanse steun aan de Contra’s.

Giraldi verliet in 1999 het bedrijf dat toen al met onconventionele middelen zijn pijlen op Greenpeace had gericht. De vuilnis werd doorzocht en infiltranten werden ingezet. In september 2000 vindt het Taco Bell schandaal plaats. GE Food Alert, een coalitie tegen gentechnologie, had al in juli dat jaar ontdekt dat genetisch gemanipuleerde maïs die niet voor de consumptie geschikt was in voedsel terecht was gekomen. BBI wordt door het pr bedrijf Ketchum ingeschakeld om uit te zoeken welke informatie verschillende actiegroepen hebben. BBI doet een poging om de vuilnis van het Center for Food Safety, Friends of the Earth en GE Food Alert te bemachtigen. Bij de eerste groep wordt ook een poging tot infiltratie gedaan. De operatie wordt door Jay Bly, ook een voormalig geheimedienst-man, vanuit BBI gecoördineerd. Tim Ward, een voormalig politieagent uit Maryland, staat ook op de loonlijst en verzorgt de contacten met lokale politiemensen die soms wat bijklussen voor BBI. Citaat uit een email van Bly aan Ward: ‘I got hold of Jim Daron [a Washington police officer working for BBI] yesterday. He was supposed to do Vermont Ave and Penn Ave SE last night. I have not heard from him today …’

Of de vuilnis operatie deze keer succesvol was wordt niet duidelijk uit de email die Ridgeway boven tafel kreeg. Beckett Brown is er in het verleden wel in geslaagd de notulen van een strategie-bijeenkomst van het GE food netwerk aan Ketchum te overhandigen. In 1999 stelt BBI daartoe het rapport ‘Intelligence Analysis for Dow Global Trends Tracking Team’ op. De praktijk van ‘dumpster diving’ zoals de Amerikanen het vuilnis-kijken voor informatie noemen was niet volledig onbekend bij de leiding van het bedrijf. David Queen, vice -president van BBI, schrijft in 1998 een memo aan Radowski over vuilnis-doorzoeken. De voormalige aanklager uit Pennsylvania memoreert dat dit doorzoeken enkele problematische kanten heeft waartoe BBI buiten het bedrijf advies dient in te winnen met het oog op mogelijke gerechtelijke stappen tegen het bedrijf.

Een schrale troost voor de milieubeweging is dat Beckett Brown International geen scrupules lijkt te kennen en het vuil van wie dan ook doorzoekt. In combinatie met een ander pr bedrijf, Nichols-Dezenhall Communications, dat werkzaam is voor Nestle, wordt een poging gedaan de vuilnis van de concurrent van Nestle, Whetstone Chocolates, te bemachtigen.

Greenpeace leek het hoofddoel van de vuilnis-operatie met betrekking tot milieuorganisaties. Jennifer Trapnell, een ex-vriendin van Tim Ward vertelt Ridgeway over enkele nachtelijke operaties. Doel was niet zozeer de strategie met betrekking tot een campagne te bemachtigen, maar zowel de lopende zaken als de organisatiestructuur in beeld te brengen. Financiële rapporten, veiligheidsinstructies van het Greenpeace kantoor en de toegangscodes voor het kantoor waren in het bezit van BBI. Hoewel Greenpeace ruime ervaring heeft met inbraken en infiltratie door pr bedrijven was de observatie door BBI niet opgevallen.

Een van de BBi-projecten waarbij ook een infiltrant is ingezet is de campagne van Greenpeace in samenwerking met lokale milieuorganisaties rond ‘cancer alley’ in Louisiana. Het traject langs de Mississippi River van Baton Rouge tot New Orleans is een industrieterrein waar onder andere Shell is gevestigd. De milieubeweging heeft het de bijnaam ‘cancer alley’ gegeven, maar de bedrijven, waaronder Shell, betwisten het gevaar van de locatie. BBI verzamelde voor de pr bedrijven Ketchum en Nichols-Dezenhall Communications informatie, maar trachtte ook tweespalt te zaaien in de campagne van lokale milieugroepen en Greenpeace met de inzet van infiltrant Mary Lou Sapone. Sapone infiltreerde de milieugroep CLEAN in Louisiana en gaf informatie door aan BBI. Sapone was al eerder actief als infiltrant in de jaren tachtig. Voor Perceptions International infiltreerde ze toen in een dierenrechtengroep in Connecticut.

Infiltratie was naast het vuilnisdoorzoeken voor informatie een gebruikelijke werkwijze van BBI. In 1996 en 1997 werd een infiltrant ingezet om het verzet van een lokale actiegroep in Noord California tegen een vuilstortplaats in kaart te brengen voor het bedrijf Browning-Ferris Industries dat de stortplaats wilde exploiteren.

Een ander bedrijf, Condea Vista, maakte ook gebruik van de diensten van BBI. Investeerder Dodd kwam het bedrijf tegen in het omvangrijke archief dat hij na de beëindiging van Beckett Brown International opsloeg. Bij het doorlezen van dit archief kwam hij stukken tegen die de naam ‘Lakes Charles project’ droegen. Eind jaren negentig was Condea Vista verwikkeld in een juridisch gevecht met werknemers die het bedrijf aanklaagden wegens ziekte ten gevolge van lekkage van pijpleidingen. Ook werden er campagnes gevoerd door milieu-activisten tegen de vervuiling van Lake Charles in Louisiana. Condea Vista huurde het pr bedrijf Nichols-Dezenhall in dat op zijn beurt BBI weer inschakelde. Bij de vervuiling draait het om een 40 jaar oude pijpleiding die door het bedrijf is gebruikt om erg giftige stoffen te transporteren. Van de vele miljoenen tonnen chemische stoffen die door lekkage in het milieu zijn terecht gekomen heeft het bedrijf maar een fractie opgeruimd. In een gerechtelijke procedure van enkele zieke werknemers tegen Condea Vista trad advocaat Tom Filo op. Filo vertelt Ridgeway dat tijdens de zaak tegen het bedrijf verschillende keren in zijn kantoor was ingebroken. Een keer reageerde hij op het alarm en vond politieagenten in zijn kantoor, die de voordeur hadden opengebroken en het alarm hadden uitgezet. ‘Weird shit was going on back then,’ vat hij de gebeurtenissen samen. Dodd nodigde Filo uit om het archief door te kijken. Filo vond vertrouwelijke documenten zoals medische rapportages van werknemers, die volgens hem alleen gestolen konden zijn. Naast inbraken, observaties van lokale milieuactivisten maakt BBI ook gebruik van informanten. Opnieuw komt de naam op van Mary Lou Sapone, maar er was ook een andere infiltrant. Sapone huurde een schoolmeester in die actief werd in CLEAN (Calcasieu League for Environmental Action Now) en in korte tijd mee ging doen aan allerlei belangrijke vergaderingen. Jay Bly was direct bij het Lakes Charles project betrokken door bijvoorbeeld de observatie van Greenpeace medewerker Beth Zilbert. Bly rapporteerde aan Tim Ward over de activiteiten van BBI in deze zaak. Perry R. Sanders, een andere advocaat die zieke werknemers vertegenwoordigt, heeft een getuigenverklaring van Bly en Ward waarin beide mannen bekennen voor Condea Vista in Lake Charles en Washington DC te hebben gewerkt. Tevens bekenden beiden dat het bedrijf op de hoogte was van hun activiteiten, maar ze wilden niet in detail treden.

Greenpeace onderzoekt de juridische mogelijkheden om de bedrijven die BBI hebben ingehuurd aan te klagen. Het archief van Dodd wordt doorgespit om te doorgronden hoe diep de campagnes van Greenpeace geïnfiltreerd waren. De indruk bestaat dat BBI niet alleen de vuilnis van Greenpeace doorzocht, maar ook andere middelen gebruikte. In het archief van Dodd werden lijsten van donateurs en allerlei persoonlijke gegevens over de werknemers gevonden.

De hoofdrolspelers in de spionage-operatie van BBI zijn nog steeds actief in de wereld van de ‘beveiliging’. Tim Ward heeft een eigen bedrijf Chesapeake Strategies en Jay Bly werkt voor hem. Het bedrijf beveiligt ook onderzoeksinstituten tegen dierenrechten-activisten. Joseph Masonis werkt voor Annapolis Group een bedrijf dat trots is op zijn 45-jarige ervaring met de United States Secret Service. Richard Beckett leidt het bedrijf Global Security Services dat naast intelligence services en paramilitaire operaties ook senator Barack Obama beveiligd heeft.

Investeerder John C. Dodd III heeft dozen vol administratie van Beckett Brown International en S2i gered van de vernietiging. Hij wil graag getuigen voor het Amerikaanse Congres of welke instantie dan ook over de vuile praktijken van het bedrijf dat hij mogelijk heeft gemaakt, maar niemand heeft hem nog uitgenodigd.

Find this story at 1 June 2008

Greenpeace has filed a lawsuit against two major chemical companies and their PR firms for corporate espionage. The complaint alleges that Dow Chemical and Sasol — formerly CONDEA Vista — hired private investigators to spy on Greenpeace in the late 1990s. The charges of espionage center on surveillance of the Greenpeace office in Washington, D.C., and the infiltration of a community group in St. Charles, Louisiana, that was working with Greenpeace on dioxin contamination. Greenpeace accuses the corporations of engaging in this level of surveillance “with the intention of preempting, blunting, or thwarting” the organization’s environmental advocacy campaigns. For more on this story, we speak with Greenpeace USA senior researcher Charlie Cray. Dow Chemical declined to comment on the lawsuit. [includes rush transcript]
Transcript

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

JUAN GONZALEZ: Greenpeace has filed a federal lawsuit against Dow Chemical and Sasol North America for engaging in corporate espionage. Also named in the suit are the public relations firms Dezenhall Resources and Ketchum and the now-defunct firm Beckett Brown International. The lawsuit alleges that corporate spies stole thousands of confidential documents from Greenpeace, including campaign plans, employee records, phone records, and donor and media lists.

AMY GOODMAN: For more on the lawsuit, we’re joined now from Washington, D.C. by Greenpeace senior researcher Charlie Cray.

Charlie Cray, you’re talking about corporations that infiltrated Greenpeace around the country and stole all these documents. Explain exactly what happened.

CHARLIE CRAY: Well, Dow Chemical and Sasol Resources, which used to be CONDEA Vista, are two large chemical companies that Greenpeace was campaigning against for their emissions of dioxin and other pollutants. And Dow had these public relations companies — these two companies did — that went to this firm, this former Secret Service, FBI, NSA people, who in turn pilfered Greenpeace documents, intruded on Greenpeace property, surveilled individuals, intercepted electronic communications, and it went on and on.

And after this company fell apart, the former owner, who was left holding the bag, called a reporter, Jim Ridgeway, who published a story in Mother Jones in April of 2008, revealing some of these activities. When we read that, we launched an investigation. We collected as much evidence as we can, and we filed suit here in the District of Columbia on Monday. People can find the complaint at spygate.org, spygate.org, as well as a fraction of the supporting evidence. I mean, we have seen essentially a company that will — and the charges are laid out in the case — trespass, intrusion and RICO, which is, you know, conspiring to create an enterprise to commit illegal acts and the sharing of information among all these parties. And, you know, we’re going to take this issue to court, because we feel we have a very strong case against all these entities.

AMY GOODMAN: Talk about how it all happened. I mean, this is massive, and it goes well beyond Greenpeace, when you look at these companies infiltrating your organization. Give examples for us.

CHARLIE CRAY: Well, BBI, the defunct private investigation firm, hired subcontractors, including off-duty police officers, who went through Greenpeace’s trash to find useful documents on a regular basis over two years. They did this almost twice a week on average. They also used subcontractors who had colleagues who attempted to infiltrate Greenpeace as volunteers. They cased the Greenpeace office, looking for we don’t know what, but probably doing advance scouting for people who would then intrude upon the property. We found a list of door codes. We found a folder that said “wiretap info,” which was empty. We know this company has subtracted with a company called NetSafe, which is a company that was made of former NSA officials skilled in computer hacking and things like that. So, we really don’t know the full extent of this, but what we’ve seen is incredibly shocking. And our goal is to bring this out into the light of day and to stop it if it’s still going on.

JUAN GONZALEZ: Now, in some cases, they actually — in one case that was reported, they actually used a Washington, D.C. police officer to assist them in this, and they were gathering credit card information, Social Security numbers of Greenpeace employees, as well?

CHARLIE CRAY: We found that — we found that information. We found campaign plans. We found media plans, lists of media. You can imagine what a company like Dow can do with that kind of information, preempting Greenpeace strategies and so forth. And it wasn’t just Dow. There were dozens of companies that were clients of both these PR firms and the investigative firm.

AMY GOODMAN: Charlie Cray, we want to thank you for being with us. And as Jim Ridgeway reported — and he’s the one who exposed GM spying on Ralph Nader decades ago, that was exposed in Congress, and there was a big settlement for Ralph Nader — he also reported spying targeted Friends of the Earth, GE Food Alert, the Center for Food Security, Fenton Communications. Charlie, thanks for being with us. Greenpeace is his organization. We’ll be covering Greenpeace and many other organizations from around the world as we broadcast from Cancún, Mexico, all next week at the U.N. global warming summit.

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.

Friday, December 3, 2010

Find this story at 3 December 2010

For those of us who know something about the National Security Agency (NSA) and who have at the same time been closely following the drip-drop page-at-a-time disclosures of NSA documents by Glenn Greenwald and Laura Poitras, this has been an enormously frustrating time. Many of the recent headlines in the newspapers, especially in Europe, promise much, but when you do a tear-down analysis of the contents there is very little of substance there that we did not already know. Last week’s expose by the Dutch newspaper NRC Handelsblad was just such an example, where with one single example everything that the newspaper claimed was brand new had (in fact) been published 17 years earlier by Dutch historian Dr. Cees Wiebes. Ah, what we do to sell newspapers.

There should also be tighter fact-checking by the newspapers of their interpretation of the information that they are being spoon-fed before they rush to print.

For instance, over the past month or so we have been fed once-a-week articles from newspapers France, Germany, Spain, Norway and now the Netherlands (does anyone see a pattern here) all based on a single NSA document from the agency’s BOUNDLESSINFORMANT database of metadata intercepts for a 30-day period from December 2012 to January 2013. The newspaper headlines all have claimed that the BOUNDLESSINFORMANT revealed that NSA was intercepting the telephone and internet communications of these countries. But an analysis of the SIGINT Activity Designators (SIGADs) listed in these documents reveals that NSA was not intercepting these communications, but rather the host nation intelligence services – to whit the BND in Germany, DGSE in France, the FE in Norway and the MIVD in the Netherlands. These agencies have secretly been proving this metadata material to NSA, although it is not known for how long.

There are other factual problems with the interpretation that has been placed on these documents. It really would be nice if the individuals using these materials do a little research into NSA operational procedures before leaping to conclusions lest they be further embarrassed in the future by mistakes such as this.

I am not the only person who has noted some of these glaring mistakes being made by the authors of the recent newspaper articles based on the BOUNDLESSINFORMANT document. Here is an insightful study done by a Dutch analyst who has been closely following the materials being leaked:

Screenshots from BOUNDLESSINFORMANT can be misleading

electrospaces.blogspot.nl

November 23, 2013

Over the last months, a number of European newspapers published screenshots from an NSA tool codenamed BOUNDLESSINFORMANT, which were said to show the number of data that NSA collected from those countries.

Most recently, a dispute about the numbers mentioned in a screenshot about Norway urged Snowden-journalist Glenn Greenwald to publish a similar screenshot about Afghanistan. But as this article will show, Greenwald’s interpretation of the latter was wrong, which also raises new questions about how to make sense out of the screenshots about other countries.

Norway vs Afghanistan

On November 19, the website of the Norwegian tabloid Dagbladet published a BOUNDLESSINFORMANT screenshot which, according to the paper, showed that NSA apparently monitored 33 million Norwegian phone calls (although actually, the NSA tool only presents metadata).

The report by Dagbladet was almost immediatly corrected by the Norwegian military intelligence agency Etteretningstjenesten (or E-tjenesten), which said that they collected the data “to support Norwegian military operations in conflict areas abroad, or connected to the fight against terrorism, also abroad” and that “this was not data collection from Norway against Norway, but Norwegian data collection that is shared with the Americans”.

Earlier, a very similar explanation was given about the data from France, Spain and Germany. They too were said to be collected by French, Spanish and German intelligence agencies outside their borders, like in war zones, and then shared with NSA. Director Alexander added that these data were from a system that contained phone records collected by the US and NATO countries “in defense of our countries and in support of military operations”.

Glenn Greenwald strongly contradicted this explanation in an article written for Dagbladet on November 22. In trying to prove his argument, he also released a screenshot from BOUNDLESSINFORMANT about Afghanistan (shown down below) and explained it as follows:
“What it shows is that the NSA collects on average of 1.2-1.5 million calls per day from that country: a small subset of the total collected by the NSA for Spain (4 million/day) and Norway (1.2 million).

Clearly, the NSA counts the communications it collects from Afghanistan in the slide labeled «Afghanistan» — not the slides labeled «Spain» or «Norway». Moreover, it is impossible that the slide labeled «Spain» and the slide labeled «Norway» only show communications collected from Afghanistan because the total collected from Afghanistan is so much less than the total collected from Spain and Norway.”

Global overview

But Greenwald apparently forgot some documents he released earlier:

Last September, the Indian paper The Hindu published three less known versions of the BOUNDLESSINFORMANT global overview page, showing the total amounts of data sorted in three different ways: Aggregate, DNI and DNR. Each results in a slightly different top 5 of countries, which is also reflected in the colors of the heat map.

In the overall (aggregated) counting, Afghanistan is in the second place, with a total amount of over 2 billion internet records (DNI) and almost 22 billion telephony records (DNR) counted:

The screenshot about Afghanistan published by Greenwald only shows information about some 35 million telephony (DNR) records, collected by a facility only known by its SIGAD US-962A5 and processed or analysed by DRTBox. This number is just a tiny fraction of the billions of data from both internet and telephone communications from Afghanistan as listed in the global overview.

Differences

With these big differences, it’s clear that this screenshot about Afghanistan is not showing all data which NSA collected from that country, not even all telephony data. The most likely option is that it only shows metadata from telephone communications intercepted by the facility designated US-962A5.

That fits the fact that this SIGAD denotes a sub- or even sub-sub-facility of US-962, which means there are more locations under this collection program. Afghanistan is undoubtedly being monitored by numerous SIGINT collection stations and facilities, so seeing only one SIGAD in this screenshot proves that it can never show the whole collection from that country.

This makes that Greenwald’s argument against the data being collected abroad is not valid anymore (although there maybe other arguments against it). Glenn Greenwald was asked via Twitter to comment on the findings of this article, but there was no reaction.

More questions

The new insight about the Afghanistan data means that the interpretation of the screenshots about other countries can be wrong too. Especially those showing only one collection facility, like France, Spain and Norway (and maybe also Italy and The Netherlands), might not be showing information about that specific country, but maybe only about the specific intercept location.

This also leads to other questions, like: are this really screenshots (why is there no classification marking)? Are they part of other documents or did Snowden himself made them? And how did he make the selection: by country, by facility, or otherwise?

There are many questions about NSA capabilities and operations which Snowden cannot answer, but he can answer how exactly he got to these documents and what their proper context is. Maybe Glenn Greenwald also knows more about this, and if so, it’s about time to tell that part of the story too.

Matthew M. Aid is the author of Intel Wars: The Secret History of the Fight Against Terror (January 2012) and The Secret Sentry, the definitive history of the National Security Agency. He is a leading intelligence historian and expert on the NSA, and a regular commentator on intelligence matters for the New York Times, the Financial Times, the National Journal, the Associated Press, CBS News, National Public Radio (NPR) and many others. He lives in Washington, DC.

November 24, 2013

Find this story at 24 November 2013

Een van de elementen op de kaart van de NRC van zaterdag zijn de rode stippen die de vestigingen van SCS aangeven. Dat bestand is hetzelfde als dat van de kaart in Spiegel, waarvan een ongecensureerde versie  beschikbaar is bij Cryptome.

Die kaart is uit augustus 2010. Als je de kaarten naast elkaar legt kom je een eind bij het vaststellen welke plaatsen NRC zwart heeft gemaakt. Wat betreft Europa kom je dan bijv. op het rijtje Bakoe, Kiev, Madrid , Moskou en
Tblisi.

x-keyscore servers op Cryptome

SCS sites op Cryptome

NRC driver 1

Millions of phone records at the center of a firestorm in Europe over spying by the National Security Agency were secretly supplied to the U.S. by European intelligence services—not collected by the NSA, upending a furor that cast a pall over trans-Atlantic relations.

Widespread electronic spying that ignited a political firestorm in Europe was conducted by French and European intelligence services and not by the National Security Agency, as was widely reported in recent days. Adam Entous reports on the News Hub. Photo: AP.

The revelations suggest a greater level of European involvement in global surveillance, in conjunction at times with the NSA. The disclosures also put European leaders who loudly protested reports of the NSA’s spying in a difficult spot, showing how their spy agencies aided the Americans.

The phone records collected by the Europeans—in war zones and other areas outside their borders—were shared with the NSA as part of efforts to help protect American and allied troops and civilians, U.S. officials said.

European leaders remain chagrined over revelations that the U.S. was spying on dozens of world leaders, including close allies in Europe. The new disclosures were separate from those programs.

But they nevertheless underline the complexities of intelligence relationships, and how the U.S. and its allies cooperate in some ways and compete in others.
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“That the evil NSA and the wicked U.S. were the only ones engaged in this gross violation of international norms—that was the fairy tale,” said James Lewis, a former State Department official, now a technology-policy specialist at the Center for Strategic and International Studies. “It was never true. The U.S’s behavior wasn’t outside the norm. It is the norm.”

Consecutive reports in French, Spanish and Italian newspapers over the past week sparked a frenzy of finger-pointing by European politicians. The reports were based on documents leaked by former NSA contractor Edward Snowden and purportedly showed the extent to which the NSA sweeps up phone records in those countries.

France’s Le Monde said the documents showed that more than 70 million French phone records between early December 2012 and early January 2013 were collected by the NSA, prompting Paris to lodge a protest with the U.S. In Spain, El Mundo reported that it had seen NSA documents that showed the U.S. spy agency had intercepted 60.5 million Spanish phone calls during the same time period.

U.S. officials initially responded to the reports by branding them as inaccurate, without specifying how. On Tuesday, The Wall Street Journal reported that the data cited by the European news reports wasn’t collected by the NSA, but by its European partners.

U.S. officials said the data was provided to the NSA under long-standing intelligence sharing arrangements.

In a congressional hearing Tuesday, the National Security Agency director, Gen. Keith Alexander, confirmed the broad outlines of the Journal report, saying that the specific documents released by Mr. Snowden didn’t represent data collected by the NSA or any other U.S. agency and didn’t include records from calls within those countries.
Phone Trouble

Politicians have reacted to recent disclosures about U.S. surveillance programs based on leaks from former National Security Agency contractor Edward Snowden.
View Graphics

He said the data—displayed in computer-screen shots—were instead from a system that contained phone records collected by the U.S. and North Atlantic Treaty Organization countries “in defense of our countries and in support of military operations.”

He said the conclusion that the U.S. collected the data “is false. And it’s false that it was collected on European citizens. It was neither.”

The U.S. until now had been silent about the role of European partners in these collection efforts so as to protect the relationships.

French officials declined to comment.

A Spanish official said that Spain’s intelligence collaboration with the NSA has been limited to theaters of operations in Mali, Afghanistan and certain international operations against jihadist groups. The so-called metadata published in El Mundo was gathered during these operations, not in Spain.

The Italian Embassy in Washington didn’t immediately respond to a request for comment.

The revelations that the phone data were collected by European intelligence services rather than NSA could spark a backlash against the same politicians who had been pointing their fingers at the U.S.—although that response could be tempered by assurances that the data were collected abroad and not domestically.

A U.S. analysis of the document published by Le Monde concluded the phone records the French had collected were actually from outside of France, then were shared with the U.S. The data don’t show that the French spied on their own people inside France.

U.S. intelligence officials said they hadn’t seen the documents cited by El Mundo, but that the data appear to come from similar information the NSA obtained from Spanish intelligence agencies documenting their collection efforts abroad.

At Tuesday’s House Intelligence Committee hearing, lawmakers also pressed Gen. Alexander and the Director of National Intelligence James Clapper on the NSA’s tapping of world leaders’ phone conversations, including German Chancellor Angela Merkel.

Asked whether U.S. allies spy on the U.S., Mr. Clapper said, “Absolutely.”

Rep. Adam Schiff (D., Calif.) asked why Congress hadn’t been informed when U.S. spies tapped a world leader’s telephone. Mr. Clapper said Congress isn’t told about each and every “selector,” the intelligence term for a phone number or other information that would identify an espionage target.

“Not all selectors are equal,” Mr. Schiff responded, especially “when the selector is the chancellor of an allied nation.”

The Wall Street Journal reported Monday that President Barack Obama didn’t know about NSA’s tapping of Ms. Merkel’s phone—which stretched back as far as 2002—until a review this summer turned it up.

Mr. Clapper said that intelligence agencies follow the priorities set by the president and key departments, but they don’t necessarily provide top officials with details on how each requirement is being fulfilled.

The White House does, however, see the final product, he said.

Reporting to policy makers on the “plans and intentions” of world leaders is a standard request to intelligence agencies like the NSA, Mr. Clapper said. The best way to understand a foreign leader’s intentions, he said, is to obtain that person’s communications.

Privately, some intelligence officials disputed claims that the president and top White House officials were unaware of how such information is obtained.

“If there’s an intelligence report that says the leader of this country is likely to say X or Y, where do you think that comes from?” the official said.

The House Intelligence Committee chairman, Rep. Mike Rogers (R., Mich.) remained a staunch defender of the NSA’s operations.

“I am a little concerned about where we are—that we’ve decided that we’re going to name our intelligence services at the earliest opportunity as the bad guys in the process of trying to collect information lawfully and legally, with the most oversight that I’ve ever seen,” he said. “We’re the only intelligence service in the world that is forced to go to a court before they even collect on foreign intelligence operations, which is shocking to me.”

—Christopher Bjork in Madrid and Stacy Meichtry in Paris contributed to this article.

By Adam Entous and Siobhan Gorman connect
Updated Oct. 29, 2013 7:31 p.m. ET

Find this story at 29 October 2013

©2013 Dow Jones & Company, Inc.

The NSA says European spy services shared phone data with it, and reports alleging otherwise are ‘false’.

MILLIONS of phone records at the centre of a firestorm in Europe over spying by the National Security Agency were secretly supplied to the US by European intelligence services – not collected by the NSA, upending a furore that cast a pall over trans-Atlantic relations.

The revelations suggest a greater level of European involvement in global surveillance, in conjunction at times with the NSA. The disclosures also put European leaders who loudly protested reports of the NSA’s spying in a difficult spot, showing how their spy agencies aided the Americans.

The phone records collected by the Europeans – in war zones and other areas outside their borders – were shared with the NSA as part of efforts to help protect American and allied troops and civilians, US officials said.

European leaders remain chagrined over revelations that the US was spying on dozens of world leaders, including close allies in Europe.

The new disclosures were separate from those programs, but they underline the complexities of intelligence relationships, and how the US and its allies co-operate in some ways and compete in others.

“That the evil NSA and the wicked US were the only ones engaged in this gross violation of international norms -that was the fairy tale,” said James Lewis, a former State Department official, now a technology-policy specialist at the Centre for Strategic and International Studies.

“It was never true. The US’s behaviour wasn’t outside the norm. It is the norm.”

Consecutive reports in French, Spanish and Italian newspapers over the past week sparked a frenzy of finger-pointing by European politicians. The reports were based on documents leaked by former NSA contractor Edward Snowden and purportedly showed the extent to which the NSA sweeps up phone records in those countries.

France’s Le Monde said the documents showed that more than 70 million French phone records between early December last year and early January this year were collected by the NSA, prompting Paris to lodge a protest with the US. In Spain, El Mundo reported that it had seen NSA documents that showed the US spy agency had intercepted 60.5 million Spanish phone calls during the same time period.

US officials initially responded to the reports by branding them as inaccurate, without specifying how. Late yesterday, The Wall Street Journal reported that the data cited by the European news reports wasn’t collected by the NSA but by its European partners.

US officials said the data was provided to the NSA under long-standing intelligence sharing arrangements.

Hours later, in a congressional hearing, the National Security Agency director, General Keith Alexander, confirmed the broad outlines of the Journal report, saying the specific documents released by Mr Snowden didn’t represent data collected by the NSA or any other US agency and didn’t include records from calls within those countries.

He said the data, displayed in computer-screen shots, was instead from a system that contained phone records collected by the US and NATO countries “in defence of our countries and in support of military operations”.

He said conclusions the US collected the data were “false. And it’s false that it was collected on European citizens. It was neither.”

The US until now had been silent about the role of European partners in these collection efforts to protect the relationships. French officials declined to comment.

A Spanish official said Spain’s intelligence collaboration with the NSA has been limited to theatres of operations in Afghanistan, Mali and international operations against jihadist groups. The data published in El Mundo was gathered during these operations, not in Spain.

At yesterday’s house intelligence committee hearing, politicians pressed General Alexander and Director of National Intelligence James Clapper on the NSA’s tapping of world leaders’ phone conversations, including the German Chancellor, Angela Merkel.

Asked whether US allies spy on the US, Mr Clapper said: “Absolutely.”

Democrat congressman Adam Schiff asked why congress had not been informed when US spies tapped a world leader’s telephone.

Mr Clapper said congress wasn’t told about each and every “selector”, the intelligence term for a phone number or other information that would identify an espionage target.

“Not all selectors are equal,” Mr Schiff responded, especially “when the selector is the chancellor of an allied nation.”

Mr Clapper said intelligence agencies followed the priorities set by the President and key departments, but did not necessarily provide top officials with details on how each requirement was being fulfilled.

The White House did, however, see the final product, he said.

Reporting to policymakers on the “plans and intentions” of world leaders was a standard request to intelligence agencies such as the NSA, Mr Clapper said, and the best way to understand a foreign leader’s intentions was to obtain their communications.

Privately, some intelligence officials disputed claims that the President and top White House officials were unaware of how such information was obtained.

“If there’s an intelligence report that says the leader of this country is likely to say X or Y, where do you think that comes from?” the official said

Adam Entous and Siobhan Gorman
The Wall Street Journal
October 31, 2013 12:00AM

Find this story at 31 October 2013

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