Eustace Vladimirovich Tilley by Barry Blitt The New Yorker
This is not good. Speaking of traitors to America, Trump is happy to twiddle his liddle Twitter thumbs, watch Fox and Friends in his bathrobe, and let Putin do what he will.
A top national security official told lawmakers on Tuesday he had not been directed by Donald Trump to disrupt Russian efforts to meddle in US elections, and that Vladimir Putin had come to the conclusion there was “little price to pay” for such actions.
Adm Mike Rogers, director of the National Security Agency and chief of US Cyber Command, told the Senate armed services committee: “Clearly, what we’ve done hasn’t been enough.”
Asked if he had been granted the authority by Trump to counter Russian cyber-attacks at source, Rogers said: “No, I have not.”
He added: “I need a policy decision that indicates there is specific direction to do that. The president ultimately would make this decision in accordance with a recommendation from the secretary of defense.”
Trump has dismissed investigations into Russian interference in the US election – and potential collusion between Trump aides and Moscow – as a partisan exercise.
Rogers cited Trump’s decision in January to delay the implementation of new sanctions against Russia that Congress passed on an overwhelmingly bipartisan basis last year.
“I believe that President Putin has clearly come to the conclusion there’s little price to pay here, and that therefore I can continue this activity,” Rogers said.
“Everything, both as the director of NSA and what I see on the cyber command side, leads me to believe that if we don’t change the dynamic here, this is going to continue and 2016 won’t be viewed as something isolated.
“This is something that will be sustained over time.”
The National Security Agency’s ability to spy on vast quantities of Internet traffic passing through the United States has relied on its extraordinary, decades-long partnership with a single company: the telecom giant AT&T. While it has been long known that American telecommunications companies worked closely with the spy agency, newly disclosed N.S.A. documents show that the relationship with AT&T has been considered unique and especially productive. One document described it as “highly collaborative,” while another lauded the company’s “extreme willingness to help.” AT&T’s cooperation has involved a broad range of classified activities, according to the documents, which date from 2003 to 2013.
A police state? Whoever could imagine such a thing in the United States of America? Civil liberties? Ha! The Bill of Rights is no longer required because the War on Terra has usurped them.
This is the real legacy of disgraced former Congressman Dennis Hastert: willingly gutting the Constitution to please the Neo Cons and Dick Cheney, and his little puppy GWB.
Scores of low-flying planes circling American cities are part of a civilian air force operated by the FBI and obscured behind fictitious companies.
The Associated Press traced at least 50 aircraft back to the FBI, and identified more than 100 flights in 11 states over a 30-day period since late April, orbiting both major cities and rural areas. At least 115 planes, including 90 Cessna aircraft, were mentioned in a federal budget document from 2009.
For decades, the planes have provided support to FBI surveillance operations on the ground. But now the aircraft are equipped with high-tech cameras, and in rare circumstances, technology capable of tracking thousands of cellphones, raising questions about how these surveillance flights affect Americans’ privacy.
The Drug Enforcement Administration has its own planes, also registered to fake companies, according to a 2011 Justice Department inspector general report. At the time, the DEA had 92 aircraft in its fleet. And since 2007, the U.S. Marshals Service has operated an aerial surveillance program with its own fleet equipped with technology that can capture data from thousands of cellphones, the Wall Street Journal reported last year.
Some of the aircraft can also be equipped with technology that can identify thousands of people below through the cellphones they carry, even if they’re not making a call or in public.
In other words, we are all assumed to be guilty of something, and thus can be monitored and spied upon without need for quaint antiques like warrants or probable cause.
Evolving technology can record higher-quality video from long distances, even at night, and can capture certain identifying information from cellphones using a device known as a “cell-site simulator” — or Stingray, to use one of the product’s brand names. These can trick pinpointed cellphones into revealing identification numbers of subscribers, including those not suspected of a crime.
The FBI has recently begun obtaining court orders to use this technology. Previously, the Obama administration had been directing local authorities through secret agreements not to reveal their own use of the devices, even encouraging prosecutors to drop cases rather than disclose the technology’s use in open court.
Do All Photographers Need a Warrant?
Up in the sky! Look! It’s a bird! A plane! It’s the FBI!
Another Crappy Photo of a Prop Plane
From Wall Street Journal reporter Devlin Barrett last year:
The Justice Department is scooping up data from thousands of mobile phones through devices deployed on airplanes that mimic cellphone towers, a high-tech hunt for criminal suspects that is snagging a large number of innocent Americans, according to people familiar with the operations.
The U.S. Marshals Service program, which became fully functional around 2007, operates Cessna aircraft from at least five metropolitan-area airports, with a flying range covering most of the U.S. population, according to people familiar with the program.
Planes are equipped with devices—some known as “dirtboxes” to law-enforcement officials because of the initials of the Boeing Co. unit that produces them—which mimic cell towers of large telecommunications firms and trick cellphones into reporting their unique registration information.
Even having encryption on a phone, such as the kind included on Apple Inc.’s iPhone 6, doesn’t prevent this process.
Also unknown are the steps taken to ensure data collected on innocent people isn’t kept for future examination by investigators. A federal appeals court ruled earlier this year that over-collection of data by investigators, and stockpiling of such data, was a violation of the Constitution.
The dirtbox and Stingray are both types of what tech experts call “IMSI catchers,’’ named for the identification system used by networks to identify individual cellphones.
The name “dirtbox’’ came from the acronym of the company making the device, DRT, for Digital Receiver Technology Inc., people said. DRT is now a subsidiary of Boeing. A Boeing spokeswoman declined to comment.
“DRT has developed a device that emulates a cellular base station to attract cellphones for a registration process even when they are not in use,’’ according to a 2010 regulatory filing Boeing made with the U.S. Commerce Department, which touted the device’s success in finding contraband cellphones smuggled in to prison inmates.
The Central Intelligence Agency played a crucial role in helping the Justice Department develop technology that scans data from thousands of U.S. cellphones at a time, part of a secret high-tech alliance between the spy agency and domestic law enforcement, according to people familiar with the work.
The CIA and the U.S. Marshals Service, an agency of the Justice Department, developed technology to locate specific cellphones in the U.S. through an airborne device that mimics a cellphone tower, these people said.
Today, the Justice Department program, whose existence was reported by The Wall Street Journal last year, is used to hunt criminal suspects. The same technology is used to track terror suspects and intelligence targets overseas, the people said.
The surveillance system briefly identifies large numbers of cellphones belonging to citizens unrelated to the search. The practice can also briefly interfere with the ability to make calls, these people said.
Some law-enforcement officials are concerned the aerial surveillance of cellphone signals inappropriately mixes traditional police work with the tactics and technology of overseas spy work that is constrained by fewer rules. Civil-liberties groups say the technique amounts to a digital dragnet of innocent Americans’ phones.
City of Chicago Emergency Management Surveillance Vehicle
Remember when the CIA was banned on spying on Americans, and from conducting operations on American soil? Ah, those were the days…
To civil libertarians, the close involvement of America’s premier international spy agency with a domestic law-enforcement arm shows how military and espionage techniques are now being used on U.S. citizens.
“There’s a lot of privacy concerns in something this widespread, and those concerns only increase if we have an intelligence agency coordinating with them,” said Andrew Crocker of the Electronic Frontier Foundation, which has filed a lawsuit seeking more details about the program and its origins.
The No. 2 official at the Justice Department delivered a blunt message last month to Apple Inc. executives: New encryption technology that renders locked iPhones impervious to law enforcement would lead to tragedy. A child would die, he said, because police wouldn’t be able to scour a suspect’s phone, according to people who attended the meeting.
Apple executives thought the dead-child scenario was inflammatory. They told the government officials law enforcement could obtain the same kind of information elsewhere, including from operators of telecommunications networks and from backup computers and other phones, according to the people who attended.
Technology companies are pushing back more against government requests for cooperation and beefing up their use of encryption. On Tuesday, WhatsApp, the popular messaging service owned by Facebook Inc., said it is now encrypting texts sent from one Android phone to another, and it won’t be able to decrypt the contents for law enforcement.
AT&T Inc. on Monday challenged the legal framework investigators have long used to collect call logs and location information about suspects.
In a filing to a federal appeals court in Atlanta, AT&T said it receives an “enormous volume” of government requests for information about customers, and argued Supreme Court decisions from the 1970s “apply poorly” to modern communications. The company urged the courts to provide new, clear rules on what data the government can take without a probable cause warrant.
Law enforcement officials are clever, they can find ways to get data in other ways, like this, for instance…
And good for Tim Cook – he suggests that Apple Inc. should not be in the business of enabling the police in their quest to snoop on our phones without first getting warrants. You know, like if we were living in a constitutional Democracy with a Bill of Rights again?
In June 2013, Mr. Snowden provided reporters with documents describing a government program called Prism, which gathered huge amounts of data from tech companies. At first, tech-company executives said they hadn’t previously heard of Prism and denied participating. In fact, Prism was an NSA code word for data collection authorized by the Foreign Intelligence Surveillance Court. Tech companies routinely complied with such requests.
More than a year later, tech executives say consumers still mistrust them, and they need to take steps to demonstrate their independence from the government.
Customer trust is a big issue at Apple. The company generates 62% of its revenue outside the U.S., where it says encryption is even more important to customers concerned about snooping by their governments.
These days, Apple Chief Executive Tim Cook stresses the company’s distance from the government.
“Look, if law enforcement wants something, they should go to the user and get it,” he said at The Wall Street Journal’s global technology conference in October. “It’s not for me to do that.”
In early September, Apple said the encryption on its latest iPhone software would prevent anyone other than the user from accessing user data stored on the phone when it is locked. Until then, Apple had helped police agencies—with a warrant—pull data off a phone. The process wasn’t quick. Investigators had to send the device to Apple’s Cupertino, Calif., headquarters, and backlogs occurred.
So the Senate Republicans blocked legislation ((S.2685: Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014)) that could theoretically protect us from government overreach. What a surprise!
Senate Republicans on Tuesday blocked a sweeping overhaul of the once-secret National Security Agency program that collects records of Americans’ phone calls in bulk.
But Tuesday’s vote only put off a debate over security and personal liberties until next year. While a Republican-controlled Senate is less likely to go along with the kinds of reforms that were in the bill, which sponsors had named the U.S.A. Freedom Act, the debate could further expose rifts between the party’s interventionist and more libertarian-leaning wings.
Under the bill, which grew out of the disclosures in June 2013 by Edward J. Snowden, the former intelligence contractor, the N.S.A. would have gotten out of the business of collecting Americans’ phone records. Instead, most of the records would have stayed in the hands of the phone companies, which would not have been required to hold them any longer than they already do for normal business purposes, which in some cases is 18 months.
The N.S.A., Mr. Snowden revealed, was systematically collecting such telephone metadata …from major American phone companies. The program began after the Sept. 11, 2001, terrorist attacks, based on an assertion of unilateral executive power by President George W. Bush. In 2006, the Foreign Intelligence Surveillance Court had secretly brought the program under its authority and started issuing orders under the Patriot Act to the companies for their records.
The proposed legislation would still have allowed analysts to perform so-called contact chaining in which they trace a suspect’s network of acquaintances, but they would been required to use a new kind of court order to swiftly obtain only those records that were linked, up to two layers away, to a suspect — even when held by different phone companies.
For all their chants about eliminating Big Gov’ment, Senator Mitch McConnell and his team secretly love expansion of federal reach. For the GOP: expanding government surveillance is good, controlling women’s uteruses is better, expanding defense contractors weaponry program is best. The only kind of government programs the GOP doesn’t like are things like SNAP, EPA, and so on. You know, the stuff that might actually help someone.
Also of note: Senator Rand Paul, Mr. Libertarian himself, voted no on this bill. Wonder how his acolytes will spin it? Especially since Senators Ted “Calgary” Cruz, Dean Heller, Mike Lee and Lisa Murkowski all voted yes…
Soldier making NSA tracked call
From Bloomberg Businessweek, the tech industry was pushing for this bill:
The bill was an attempt to force spy agencies to collect only information sought through a court order and exclude the use of broad searches like by ZIP codes. A coalition of Internet and technology companies, which include Google Inc. and Twitter Inc., supported the Senate bill while saying the Republican-backed House version passed in May would still allow bulk collection of Internet user data.
U.S. Internet and technology companies say they’ve already lost contracts with foreign governments over the issue. Forrester Research Inc. estimates the backlash against NSA spying could cost as much as $180 billion in lost business. Facebook Inc., Microsoft Corp. and Apple Inc. are among the companies pushing for limits.
Americans learned of the spying in June 2013 when Snowden, a former NSA contractor revealed a program under which the U.S. uses court orders to compel companies to turn over data about their users. Documents divulged by Snowden also uncovered NSA hacking of fiber-optic cables abroad and installation of surveillance tools into routers, servers and other network equipment.
FBI Director James Comey continues his public obfuscation tour, blaming the upcoming Joker and Riddler crime spree in Gotham on the fairly new ability of consumers to encrypt data on their own phones against unwilling intrusions by governments and other entities.
The director of the F.B.I., James B. Comey, said on Thursday that the “post-Snowden pendulum” that has driven Apple and Google to offer fully encrypted cellphones had “gone too far.” He hinted that as a result, the administration might seek regulations and laws forcing companies to create a way for the government to unlock the photos, emails and contacts stored on the phones.
But Mr. Comey appeared to have few answers for critics who have argued that any portal created for the F.B.I. and the police could be exploited by the National Security Agency, or even Russian and Chinese intelligence agencies or criminals. And his position seemed to put him at odds with a White House advisory committee that recommended against any effort to weaken commercial encryption.
Apple and Google have announced new software that would automatically encrypt the contents of cellphones, using codes that even the companies could not crack. Their announcement followed a year of disclosures from Edward J. Snowden, the former government contractor who revealed many government programs that collect electronic data, including information on Americans.
The new encryption would hinder investigations involving phones taken from suspects, recovered at crime scenes or discovered on battlefields. But it would not affect information obtained by real-time wiretaps, such as phone conversations, emails or text messages. And the government could still get information that is stored elsewhere, including emails, call logs and, in some cases, old text messages.
You know what isn’t mentioned in this long article? Warrants. I wonder why that is? Could it be that most criminal masterminds do not store their plans to rob Gotham National Bank solely upon their encrypted cellphones, leaving law enforcement completely in the dark? Possibly The Joker leaves other traces of his plan elsewhere? Or discusses his machinations with co-conspirators? According to Mr. Comey, without the government retaining the ability to tap into each and every one of our cellphones at any time, The Joker will win. He’ll win! He’ll win, Batman!
Encrypting iPhones might have the biggest impact on law enforcement searches that don’t involve warrants, contrary to law enforcement claims this is about warranted searches. As early as 2010, Customs and Border Patrol was searching around 4,600 devices a year and seizing up to 300 using what is called a “border exception.” That is when CBP takes and searches devices from people it is questioning at the border. Just searching such devices does not even require probable cause (though seizing them requires some rationale). These searches increasingly involve smart phones like the iPhone.
These numbers suggest border searches of iPhones may be as common as warranted searches of the devices. Apple provided account content to U.S. law enforcement 155 times last year. It responded to 3,431 device requests, but the “vast majority” of those device requests involved customers seeking help with a lost or stolen phone, not law enforcement trying to get contents off a cell phone (Consumer Reports estimates that 3.1 million Americans will have their smart phones stolen this year). Given that Apple has by far the largest share of the smart phone market in the U.S., a significant number of border device searches involving a smart phone will be an iPhone. Apple’s default encryption will make it far harder for the government to do such searches without obtaining a warrant, which they often don’t have evidence to get.
If law enforcement wants to retain this access, they should be honest about what they might lose and why every iPhone user should be asked to carry a phone that is susceptible to criminal targeting as a result. Trading default encryption for a limited law enforcement purpose is just that — a trade-off — and officials should be prepared to discuss it as such. And, as forensics expert Jonathan Zdziarski explains, there’s a mountain of other data still available to help law enforcement solve crimes. “There is such a mount of peripheral evidence out there that only a small handful of cases are even likely to have the iPhone be the sole smoking gun to begin with,” he explained. “Cops have iCloud data, iCloud backups, call records, voicemail records, text messages from the carrier (if obtained within a certain retention period), gmail, email, web logs, trap and trace, proxy logs, not to mention copies of data from other people involved or from the victims themselves, desktop backups (if available), sometimes even a desktop (as many criminals don’t use encryption at all). Add to that they’re eavesdropping on the whole damn Internet.”
Remind me again why warrantless searching of personal information is a good thing again? Oh, right, TERROR, and that old shibboleth, kidnapping. Yeah, count me in the “Why not just get a warrant” camp…
The National Security Agency and the nation’s law enforcement agencies have a different concern: that the smartphone is the first of a post-Snowden generation of equipment that will disrupt their investigative abilities.
The phone encrypts emails, photos and contacts based on a complex mathematical algorithm that uses a code created by, and unique to, the phone’s user — and that Apple says it will not possess.
The result, the company is essentially saying, is that if Apple is sent a court order demanding that the contents of an iPhone 6 be provided to intelligence agencies or law enforcement, it will turn over gibberish, along with a note saying that to decode the phone’s emails, contacts and photos, investigators will have to break the code or get the code from the phone’s owner.
Breaking the code, according to an Apple technical guide, could take “more than 5 1/2 years to try all combinations of a six-character alphanumeric passcode with lowercase letters and numbers.” (Computer security experts question that figure, because Apple does not fully realize how quickly the N.S.A. supercomputers can crack codes.)
Already the new phone has led to an eruption from the director of the F.B.I., James B. Comey.
If the NSA and related agencies hadn’t been so damn aggressive circumventing American law, perhaps Apple wouldn’t have had to taken this additional step.
Or as Vikas Bajaj writes:
But that’s not good enough for Mr. Comey and others. They want Apple (and Google, which makes the Android mobile phone software) to do the hacking for them.
Furthermore, investigators can often get information stored on phones and tablets through other means. For example, they could get the calling history from wireless phone companies like AT&T; same with text messages. And companies like Google and Yahoo would have to turnover messages on their servers if presented with a search warrant. Lastly, law enforcement agencies could also access any photos and videos stored on the phone have been backed up to Apple’s iCloud servers from the company.
Plus there is the issue of a dysfunctional Congress, too mired in partisan bickering to actually update the laws for a modern age. Mostly on the Republican side, but not exclusively.
The move raises a critical issue, the intelligence officials say: Who decides what kind of data the government can access? Until now, those decisions have largely been a matter for Congress, which passed the Communications Assistance for Law Enforcement Act in 1994, requiring telecommunications companies to build into their systems an ability to carry out a wiretap order if presented with one. But despite intense debate about whether the law should be expanded to cover email and other content, it has not been updated, and it does not cover content contained in a smartphone.
At Apple and Google, company executives say the United States government brought these changes on itself. The revelations by the former N.S.A. contractor Edward J. Snowden not only killed recent efforts to expand the law, but also made nations around the world suspicious that every piece of American hardware and software — from phones to servers made by Cisco Systems — have “back doors” for American intelligence and law enforcement.
Surviving in the global marketplace — especially in places like China, Brazil and Germany — depends on convincing consumers that their data is secure. Timothy D. Cook, Apple’s chief executive, has emphasized that Apple’s core business is to sell devices to people. That distinguishes Apple from companies that make a profit from collecting and selling users’ personal data to advertisers, he has said.
and a bit of rationality:
Mr. Zdziarski (Jonathan Zdziarski, a security researcher who has taught forensics courses to law enforcement agencies on collecting data from iPhones) said that concerns about Apple’s new encryption to hinder law enforcement seemed overblown. He said there were still plenty of ways for the police to get customer data for investigations. In the example of a kidnapping victim, the police can still request information on call records and geolocation information from phone carriers like AT&T and Verizon Wireless.
“Eliminating the iPhone as one source I don’t think is going to wreck a lot of cases,” he said. “There is such a mountain of other evidence from call logs, email logs, iCloud, Gmail logs. They’re tapping the whole Internet.”
Well, that’s one way to reign in the NSA, albeit a tactic not likely to succeed. Good for Marc Roberts though…
The NSA data centre1 in Bluffdale, Utah, will require 1.7m gallons of water daily, activists estimate. The National Security Agency, already under siege in Washington, faces a fresh attempt to curtail its activities from a Utah legislator who wants to cut off the surveillance agency’s water supply.
Marc Roberts, a first-term Republican lawmaker in the Beehive State, plans this week to begin a quixotic quest to check government surveillance starting at a local level. He will introduce a bill that would prevent anyone from supplying water to the $1bn-plus data center the NSA is constructing in his state at Bluffdale.
The bill is about telling the federal government “if you want to spy on the whole world and American citizens, great, but we’re not going to help you,” Roberts told the Guardian.
Supporters of the bill freely admit they’re at a disadvantage. Roberts is still talking with colleagues to find co-sponsors. His activist allies expect a steep, uphill struggle against the NSA’s supporters in conservative Utah, as well as business groups whom Roberts expects will argue that the data center will create jobs and bolster the local economy.
Harumph. I thought my AT&T bill was on the high side, but seems like my NSA bill trumps that, for usefulness…
Indeed, as the Washington Post revealed when it released portions of the so-called Black Budget, this year’s price tag on America’s spook infrastructure comes out to a whopping $52.6 billion.
This is, of course, a tremendous sum – more than double the size of the Department of Agriculture, more than triple the size of NASA; the list goes on… But, what really puts this number into perspective is its average cost to each American taxpayer, or what I would call the NSA and associated agencies’ “rent.”
Yes, the NSA’s rent, charged to every taxpayer living under its web of surveillance, comes out to an exorbitant $574 per year. If this is the price the federal government is charging American taxpayers to have their own privacy invaded, then I say the NSA’s rent is too damn high.
On the bright side, if you add in the 53,676,039 non-taxable returns (from 2011) – i.e., the Takers™ – that means we are only paying $361 a year for the privilege of having our personal information scooped up by the N.S.A. power-vacuum…
A series of agency PowerPoint presentations and memos describe how the N.S.A. has been able to develop software and other tools — one document cited a new generation of programs that “revolutionize” data collection and analysis — to unlock as many secrets about individuals as possible.
The spy agency, led by Gen. Keith B. Alexander, an unabashed advocate for more weapons in the hunt for information about the nation’s adversaries, clearly views its collections of metadata as one of its most powerful resources. N.S.A. analysts can exploit that information to develop a portrait of an individual, one that is perhaps more complete and predictive of behavior than could be obtained by listening to phone conversations or reading e-mails, experts say.
Phone and e-mail logs, for example, allow analysts to identify people’s friends and associates, detect where they were at a certain time, acquire clues to religious or political affiliations, and pick up sensitive information like regular calls to a psychiatrist’s office, late-night messages to an extramarital partner or exchanges with a fellow plotter.
except, as reported by Maureen Dowd of all people, the NSA has built a monster in Utah
The Bluffdale sinkhole, which has quietly started sucking in mountains of data in the shadow of mountains, is the lockbox. This squat, ugly complex of four buildings is the creepy symbol of the N.S.A.’s remorseless reach deep into our lives. I drove onto the Utah National Guard’s Camp Williams base to see the concrete data cloud up close.
Never mind puny terabytes. Or even exabytes, a handful of which can hold all knowledge from the dawn of man, according to estimates.
James Bamford, the chronicler of the untrammeled powers of the “Puzzle Palace,” as he calls the N.S.A., wrote in Wired that the Utah tower of Babel may be able to store a yottabyte. That is equal to a septillion bytes or about 500 quintillion (500,000,000,000,000,000,000) pages of text.
“It’s basically the N.S.A.’s external hard drive,” Bamford told me, noting that our phone call was no doubt being logged by the Bluffdale computers. “It holds more private information than anyplace else on earth.”
Bamford believes that the N.S.A. has transmogrified from an agency that “watched the Soviet Union to make sure it didn’t blow us up with nuclear weapons,” to one “that keeps collecting and collecting and collecting but doesn’t seem to do us any good.”
“They saw 9/11 and all these other terrorist attacks on CNN. They didn’t have a clue. The more electronic hay they stack on their haystack, the more difficult it is to find the needle.”
because, in truth, the NSA doesn’t have to tell the truth about what it does, allegedly in our names:
Democratic Senator Ron Wyden of Oregon told me ruefully that on Thursday, “Alexander put in a lockbox information that he’s told the public he doesn’t have. This is what we’re dealing with.
“They think it’s O.K. to repeatedly say one thing to the public about domestic surveillance and do something completely different in private,” continued Wyden, who pressed Alexander about whether they’re collecting cellphone location information.
The senator is skeptical that the N.S.A. is open to reform, noting, “They’re just putting the same wine in a new bottle.”