Lots of details that demonstrate that Snowden did try to raise his concerns internally before going public, and that the NSA lied about this.
Entries Tagged "Edward Snowden"
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The Intercept is starting to publish a lot more documents. Yesterday they published the first year of an internal newsletter called SIDtoday, along with several articles based on the documents.
The Intercept‘s first SIDtoday release comprises 166 articles, including all articles published between March 31, 2003, when SIDtoday began, and June 30, 2003, plus installments of all article series begun during this period through the end of the year. Major topics include the National Security Agency’s role in interrogations, the Iraq War, the war on terror, new leadership in the Signals Intelligence Directorate, and new, popular uses of the internet and of mobile computing devices.
They’re also making the archive available to more researchers.
In Data and Goliath, I talk about the self-censorship that comes along with broad surveillance. This interesting research documents this phenomenon in Wikipedia: “Chilling Effects: Online Surveillance and Wikipedia Use,” by Jon Penney, Berkeley Technology Law Journal, 2016.
Abstract: This article discusses the results of the first empirical study providing evidence of regulatory “chilling effects” of Wikipedia users associated with online government surveillance. The study explores how traffic to Wikipedia articles on topics that raise privacy concerns for Wikipedia users decreased after the widespread publicity about NSA/PRISM surveillance revelations in June 2013. Using an interdisciplinary research design, the study tests the hypothesis, based on chilling effects theory, that traffic to privacy-sensitive Wikipedia articles reduced after the mass surveillance revelations. The Article finds not only a statistically significant immediate decline in traffic for these Wikipedia articles after June 2013, but also a change in the overall secular trend in the view count traffic, suggesting not only immediate but also long-term chilling effects resulting from the NSA/PRISM online surveillance revelations. These, and other results from the case study, not only offer compelling evidence for chilling effects associated with online surveillance, but also offer important insights about how we should understand such chilling effects and their scope, including how they interact with other dramatic or significant events (like war and conflict) and their broader implications for privacy, U.S. constitutional litigation, and the health of democratic society. This study is among the first to demonstrate — using either Wikipedia data or web traffic data more generally how government surveillance and similar actions impact online activities, including access to information and knowledge online.
In 2013, in the early days of the Snowden leaks, Harvard Law School professor and former Assistant Attorney General Jack Goldsmith reflected on the increase in NSA surveillance post 9/11. He wrote:
Two important lessons of the last dozen years are (1) the government will increase its powers to meet the national security threat fully (because the People demand it), and (2) the enhanced powers will be accompanied by novel systems of review and transparency that seem to those in the Executive branch to be intrusive and antagonistic to the traditional national security mission, but that in the end are key legitimating factors for the expanded authorities.
Goldsmith is right, and I think about this quote as I read news articles about surveillance policies with headlines like “Political winds shifting on surveillance after Paris attacks?”
The politics of surveillance are the politics of fear. As long as the people are afraid of terrorism — regardless of how realistic their fears are — they will demand that the government keep them safe. And if the government can convince them that it needs this or that power in order to keep the people safe, the people will willingly grant them those powers. That’s Goldsmith’s first point.
Today, in the wake of the horrific and devastating Paris terror attacks, we’re at a pivotal moment. People are scared, and already Western governments are lining up to authorize more invasive surveillance powers. The US want to back-door encryption products in some vain hope that the bad guys are 1) naive enough to use those products for their own communications instead of more secure ones, and 2) too stupid to use the back doors against the rest of us. The UK is trying to rush the passage of legislation that legalizes a whole bunch of surveillance activities that GCHQ has already been doing to its own citizens. France just gave its police a bunch of new powers. It doesn’t matter that mass surveillance isn’t an effective anti-terrorist tool: a scared populace wants to be reassured.
And politicians want to reassure. It’s smart politics to exaggerate the threat. It’s smart politics to do something, even if that something isn’t effective at mitigating the threat. The surveillance apparatus has the ear of the politicians, and the primary tool in its box is more surveillance. There’s minimal political will to push back on those ideas, especially when people are scared.
Writing about our country’s reaction to the Paris attacks, Tom Engelhardt wrote:
…the officials of that security state have bet the farm on the preeminence of the terrorist ‘threat,’ which has, not so surprisingly, left them eerily reliant on the Islamic State and other such organizations for the perpetuation of their way of life, their career opportunities, their growing powers, and their relative freedom to infringe on basic rights, as well as for that comfortably all-embracing blanket of secrecy that envelops their activities.
Goldsmith’s second point is more subtle: when these power increases are made in public, they’re legitimized through bureaucracy. Together, the scared populace and their scared elected officials serve to make the expanded national security and law enforcement powers normal.
Terrorism is singularly designed to push our fear buttons in ways completely out of proportion to the actual threat. And as long as people are scared of terrorism, they’ll give their governments all sorts of new powers of surveillance, arrest, detention, and so on, regardless of whether those powers actually combat the threat. This means that those who want those powers need a steady stream of terrorist attacks to enact their agenda. It’s not that these people are actively rooting for the terrorists, but they know a good opportunity when they see it.
Although “the legislative environment is very hostile today,” the intelligence community’s top lawyer, Robert S. Litt, said to colleagues in an August e-mail, which was obtained by The Post, “it could turn in the event of a terrorist attack or criminal event where strong encryption can be shown to have hindered law enforcement.”
The Paris attacks could very well be that event.
I am very worried that the Obama administration has already secretly told the NSA to increase its surveillance inside the US. And I am worried that there will be new legislation legitimizing that surveillance and granting other invasive powers to law enforcement. As Goldsmith says, these powers will be accompanied by novel systems of review and transparency. But I have no faith that those systems will be effective in limiting abuse any more than they have been over the last couple of decades.
Well, that didn’t take long:
As Paris reels from terrorist attacks that have claimed at least 128 lives, fierce blame for the carnage is being directed toward American whistleblower Edward Snowden and the spread of strong encryption catalyzed by his actions.
CIA Director John Brennan chimed in, too.
Of course, this was planned all along. From September:
Privately, law enforcement officials have acknowledged that prospects for congressional action this year are remote. Although “the legislative environment is very hostile today,” the intelligence community’s top lawyer, Robert S. Litt, said to colleagues in an August e-mail, which was obtained by The Post, “it could turn in the event of a terrorist attack or criminal event where strong encryption can be shown to have hindered law enforcement.”
There is value, he said, in “keeping our options open for such a situation.”
I was going to write a definitive refutation to the meme that it’s all Snowden’s fault, but Glenn Greenwald beat me to it.
EDITED TO ADD: It wasn’t fair for me to characterize Ben Wittes’s Lawfare post as agitating for back doors. I apologize.
EDITED TO ADD (11/18): The New York Times published a powerful editorial against mass surveillance.
The Intercept has a new story from the Snowden documents about the UK’s surveillance of the Internet by the GCHQ:
The mass surveillance operation code-named KARMA POLICE was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ.
One system builds profiles showing people’s web browsing histories. Another analyzes instant messenger communications, emails, Skype calls, text messages, cell phone locations, and social media interactions. Separate programs were built to keep tabs on “suspicious” Google searches and usage of Google Maps.
As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
Lots more in the article. The Intercept also published 28 new top secret NSA and GCHQ documents.
Interesting debate, surprisingly civil.
Alexander seemed to have been okay with Snowden revealing surveillance based on Section 215:
“If he had taken the one court document and said, ‘This is what I’m going to do’… I think this would be a whole different discussion,” Alexander said. “I do think he had the opportunity [to be] what many could consider an American hero.”
And he also spoke in favor of allowing adversarial proceedings in the FISA Court.
On the other hand, I am getting tired of this back-door/front-door nonsense. Alexander said that he’s not in favor of back doors in security systems, but wants some kind of “front door.” FBI Director Comey plays this wordgame too:
There is a misconception that building a lawful intercept solution into a system requires a so-called “back door,” one that foreign adversaries and hackers may try to exploit.
But that isn’t true. We aren’t seeking a back-door approach. We want to use the front door, with clarity and transparency, and with clear guidance provided by law. We are completely comfortable with court orders and legal process–front doors that provide the evidence and information we need to investigate crime and prevent terrorist attacks.
They both see a difference here. A back door is a secret method of access, one that anyone can discover and use. A front door is a public method of access, one that — somehow — no one else can discover and use. But in reality, there’s no difference. Technologically, they’re the same: a method of third-party data access that works despite the intentions of the data owner.
In the beginning of the debate, I got the feeling that Alexander is trying to subtly shill his company. (Not that there’s anything wrong with that — I sometimes do the same thing. But realizing it helped me understand some of Alexander’s comments better.) Later, the discussion turned into a recycling of common talking points from both sides.
The NSA’s XKEYSCORE program, first revealed by The Guardian, sweeps up countless people’s Internet searches, emails, documents, usernames and passwords, and other private communications. XKEYSCORE is fed a constant flow of Internet traffic from fiber optic cables that make up the backbone of the world’s communication network, among other sources, for processing. As of 2008, the surveillance system boasted approximately 150 field sites in the United States, Mexico, Brazil, United Kingdom, Spain, Russia, Nigeria, Somalia, Pakistan, Japan, Australia, as well as many other countries, consisting of over 700 servers.
These servers store “full-take data” at the collection sites — meaning that they captured all of the traffic collected — and, as of 2009, stored content for 3 to 5 days and metadata for 30 to 45 days. NSA documents indicate that tens of billions of records are stored in its database. “It is a fully distributed processing and query system that runs on machines around the world,” an NSA briefing on XKEYSCORE says. “At field sites, XKEYSCORE can run on multiple computers that gives it the ability to scale in both processing power and storage.”
There seems to be no access controls at all restricting how analysts can use XKEYSCORE. Standing queries — called “workflows” — and new fingerprints have an approval process, presumably for load issues, but individual queries are not approved beforehand but may be audited after the fact. These are things which are supposed to be low latency, and you can’t have an approval process for low latency analyst queries. Since a query can get at the recorded raw data, a single query is effectively a retrospective wiretap.
All this means that the Intercept is correct when it writes:
These facts bolster one of Snowden’s most controversial statements, made in his first video interview published by The Guardian on June 9, 2013. “I, sitting at my desk,” said Snowden, could “wiretap anyone, from you or your accountant, to a federal judge to even the president, if I had a personal email.”
You’ll only get the data if it’s in the NSA’s databases, but if it is there you’ll get it.
Honestly, there’s not much in these documents that’s a surprise to anyone who studied the 2013 XKEYSCORE leaks and knows what can be done with a highly customizable Intrusion Detection System. But it’s always interesting to read the details.
One document — “Intro to Context Sensitive Scanning with X-KEYSCORE Fingerprints (2010) — talks about some of the queries an analyst can run. A sample scenario: “I want to look for people using Mojahedeen Secrets encryption from an iPhone” (page 6).
Mujahedeen Secrets is an encryption program written by al Qaeda supporters. It has been around since 2007. Last year, Stuart Baker cited its increased use as evidence that Snowden harmed America. I thought the opposite, that the NSA benefits from al Qaeda using this program. I wrote: “There’s nothing that screams ‘hack me’ more than using specially designed al Qaeda encryption software.”
And now we see how it’s done. In the document, we read about the specific XKEYSCORE queries an analyst can use to search for traffic encrypted by Mujahedeen Secrets. Here are some of the program’s fingerprints (page 10):
So if you want to search for all iPhone users of Mujahedeen Secrets (page 33):
fingerprint(‘encryption/mojahdeen2’ and fingerprint(‘browser/cellphone/iphone’)
Or you can search for the program’s use in the encrypted text, because (page 37): “…many of the CT Targets are now smart enough not to leave the Mojahedeen Secrets header in the E-mails they send. How can we detect that the E-mail (which looks like junk) is in fact Mojahedeen Secrets encrypted text.” Summary of the answer: there are lots of ways to detect the use of this program that users can’t detect. And you can combine the use of Mujahedeen Secrets with other identifiers to find targets. For example, you can specifically search for the program’s use in extremist forums (page 9). (Note that the NSA wrote that comment about Mujahedeen Secrets users increasing their opsec in 2010, two years before Snowden supposedly told them that the NSA was listening on their communications. Honestly, I would not be surprised if the program turned out to have been a US operation to get Islamic radicals to make their traffic stand out more easily.)
It’s not just Mujahedeen Secrets. Nicholas Weaver explains how you can use XKEYSCORE to identify co-conspirators who are all using PGP.
And these searches are just one example. Other examples from the documents include:
- “Targets using mail.ru from a behind a large Iranian proxy” (here, page 7).
- Usernames and passwords of people visiting gov.ir (here, page 26 and following).
- People in Pakistan visiting certain German-language message boards (here, page 1).
- HTTP POST traffic from Russia in the middle of the night — useful for finding people trying to steal our data (here, page 16).
- People doing web searches on jihadist topics from Kabul (here).
E-mails, chats, web-browsing traffic, pictures, documents, voice calls, webcam photos, web searches, advertising analytics traffic, social media traffic, botnet traffic, logged keystrokes, file uploads to online services, Skype sessions and more: if you can figure out how to form the query, you can ask XKEYSCORE for it. For an example of how complex the searches can be, look at this XKEYSCORE query published in March, showing how New Zealand used the system to spy on the World Trade Organization: automatically track any email body with any particular WTO-related content for the upcoming election. (Good new documents to read include this, this, and this.)
I always read these NSA documents with an assumption that other countries are doing the same thing. The NSA is not made of magic, and XKEYSCORE is not some super-advanced NSA-only technology. It is the same sort of thing that every other country would use with its surveillance data. For example, Russia explicitly requires ISPs to install similar monitors as part of its SORM Internet surveillance system. As a home user, you can build your own XKEYSCORE using the public-domain Bro Security Monitor and the related Network Time Machine attached to a back-end data-storage system. (Lawrence Berkeley National Laboratory uses this system to store three months’ worth of Internet traffic for retrospective surveillance — it used the data to study Heartbleed.) The primary advantage the NSA has is that it sees more of the Internet than anyone else, and spends more money to store the data it intercepts for longer than anyone else. And if these documents explain XKEYSCORE in 2009 and 2010, expect that it’s much more powerful now.
Back to encryption and Mujahedeen Secrets. If you want to stay secure, whether you’re trying to evade surveillance by Russia, China, the NSA, criminals intercepting large amounts of traffic, or anyone else, try not to stand out. Don’t use some homemade specialized cryptography that can be easily identified by a system like this. Use reasonably strong encryption software on a reasonably secure device. If you trust Apple’s claims (pages 35-6), use iMessage and FaceTime on your iPhone. I really like Moxie Marlinspike’s Signal for both text and voice, but worry that it’s too obvious because it’s still rare. Ubiquitous encryption is the bane of listeners worldwide, and it’s the best thing we can deploy to make the world safer.
So much to digest. Please post anything interesting you notice in the comments.
While some of the unit’s activities are focused on the claimed areas, JTRIG also appears to be intimately involved in traditional law enforcement areas and U.K.-specific activity, as previously unpublished documents demonstrate. An August 2009 JTRIG memo entitled “Operational Highlights” boasts of “GCHQ’s first serious crime effects operation” against a website that was identifying police informants and members of a witness protection program. Another operation investigated an Internet forum allegedly “used to facilitate and execute online fraud.” The document also describes GCHQ advice provided :to assist the UK negotiating team on climate change.”
Particularly revealing is a fascinating 42-page document from 2011 detailing JTRIG’s activities. It provides the most comprehensive and sweeping insight to date into the scope of this unit’s extreme methods. Entitled “Behavioral Science Support for JTRIG’s Effects and Online HUMINT [Human Intelligence] Operations,” it describes the types of targets on which the unit focuses, the psychological and behavioral research it commissions and exploits, and its future organizational aspirations. It is authored by a psychologist, Mandeep K. Dhami.
Among other things, the document lays out the tactics the agency uses to manipulate public opinion, its scientific and psychological research into how human thinking and behavior can be influenced, and the broad range of targets that are traditionally the province of law enforcement rather than intelligence agencies.
Sidebar photo of Bruce Schneier by Joe MacInnis.