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[liberationtech] Top secret PRISM program claims direct access to servers of firms including Google, Facebook and Apple

Michael Rogers michael at briarproject.org
Fri Jun 7 03:52:13 PDT 2013


"This law does not allow the targeting of any US citizen or of any person located within the United States."

Note the wording of this denial: the *target* of collection may not be a US citizen or a person located in the US. But if the *target* is, say, Al Qaeda and affiliated organisations, does the law prevent data about US citizens and persons located in the US from being collected and retained?

Cheers,
Michael


Eugen Leitl <eugen at leitl.org> wrote:

>
>http://www.guardian.co.uk/world/2013/jun/06/us-tech-giants-nsa-data
>
>NSA taps in to internet giants' systems to mine user data, secret files
>reveal
>
>• Top secret PRISM program claims direct access to servers of firms including
>Google, Facebook and Apple
>
>• Companies deny any knowledge of program in operation since 2007
>
>Glenn Greenwald and Ewen MacAskill
>
>The Guardian, Thursday 6 June 2013 23.05 BST
>
>A slide depicting the top-secret PRISM program
>
>The National Security Agency has obtained direct access to the systems of
>Google, Facebook, Apple and other US internet giants, according to a top
>secret document obtained by the Guardian.
>
>The NSA access is part of a previously undisclosed program called PRISM,
>which allows officials to collect material including search history, the
>content of emails, file transfers and live chats, the document says.
>
>The Guardian has verified the authenticity of the document, a 41-slide
>PowerPoint presentation – classified as top secret with no distribution to
>foreign allies – which was apparently used to train intelligence operatives
>on the capabilities of the program. The document claims "collection directly
>from the servers" of major US service providers.
>
>Although the presentation claims the program is run with the assistance of
>the companies, all those who responded to a Guardian request for comment on
>Thursday denied knowledge of any such program.
>
>In a statement, Google said: "Google cares deeply about the security of our
>users' data. We disclose user data to government in accordance with the law,
>and we review all such requests carefully. From time to time, people allege
>that we have created a government 'back door' into our systems, but Google
>does not have a back door for the government to access private user data."
>
>Several senior tech executives insisted that they had no knowledge of PRISM
>or of any similar scheme. They said they would never have been involved in
>such a program. "If they are doing this, they are doing it without our
>knowledge," one said.
>
>An Apple spokesman said it had "never heard" of PRISM.
>
>The NSA access was enabled by changes to US surveillance law introduced under
>President Bush and renewed under Obama in December 2012.
>
>
>The program facilitates extensive, in-depth surveillance on live
>communications and stored information. The law allows for the targeting of
>any customers of participating firms who live outside the US, or those
>Americans whose communications include people outside the US.
>
>It also opens the possibility of communications made entirely within the US
>being collected without warrants.
>
>Disclosure of the PRISM program follows a leak to the Guardian on Wednesday
>of a top-secret court order compelling telecoms provider Verizon to turn over
>the telephone records of millions of US customers.
>
>The participation of the internet companies in PRISM will add to the debate,
>ignited by the Verizon revelation, about the scale of surveillance by the
>intelligence services. Unlike the collection of those call records, this
>surveillance can include the content of communications and not just the
>metadata.
>
>Some of the world's largest internet brands are claimed to be part of the
>information-sharing program since its introduction in 2007. Microsoft – which
>is currently running an advertising campaign with the slogan "Your privacy is
>our priority" – was the first, with collection beginning in December 2007.
>
>It was followed by Yahoo in 2008; Google, Facebook and PalTalk in 2009;
>YouTube in 2010; Skype and AOL in 2011; and finally Apple, which joined the
>program in 2012. The program is continuing to expand, with other providers
>due to come online.
>
>Collectively, the companies cover the vast majority of online email, search,
>video and communications networks.
>
>
>
>The extent and nature of the data collected from each company varies.
>
>Companies are legally obliged to comply with requests for users'
>communications under US law, but the PRISM program allows the intelligence
>services direct access to the companies' servers. The NSA document notes the
>operations have "assistance of communications providers in the US".
>
>The revelation also supports concerns raised by several US senators during
>the renewal of the Fisa Amendments Act in December 2012, who warned about the
>scale of surveillance the law might enable, and shortcomings in the
>safeguards it introduces.
>
>When the FAA was first enacted, defenders of the statute argued that a
>significant check on abuse would be the NSA's inability to obtain electronic
>communications without the consent of the telecom and internet companies that
>control the data. But the PRISM program renders that consent unnecessary, as
>it allows the agency to directly and unilaterally seize the communications
>off the companies' servers.
>
>A chart prepared by the NSA, contained within the top-secret document
>obtained by the Guardian, underscores the breadth of the data it is able to
>obtain: email, video and voice chat, videos, photos, voice-over-IP (Skype,
>for example) chats, file transfers, social networking details, and more.
>
>
>
>The document is recent, dating to April 2013. Such a leak is extremely rare
>in the history of the NSA, which prides itself on maintaining a high level of
>secrecy.
>
>The PRISM program allows the NSA, the world's largest surveillance
>organisation, to obtain targeted communications without having to request
>them from the service providers and without having to obtain individual court
>orders.
>
>With this program, the NSA is able to reach directly into the servers of the
>participating companies and obtain both stored communications as well as
>perform real-time collection on targeted users.
>
>The presentation claims PRISM was introduced to overcome what the NSA
>regarded as shortcomings of Fisa warrants in tracking suspected foreign
>terrorists. It noted that the US has a "home-field advantage" due to housing
>much of the internet's architecture. But the presentation claimed "Fisa
>constraints restricted our home-field advantage" because Fisa required
>individual warrants and confirmations that both the sender and receiver of a
>communication were outside the US.
>
>"Fisa was broken because it provided privacy protections to people who were
>not entitled to them," the presentation claimed. "It took a Fisa court order
>to collect on foreigners overseas who were communicating with other
>foreigners overseas simply because the government was collecting off a wire
>in the United States. There were too many email accounts to be practical to
>seek Fisas for all."
>
>The new measures introduced in the FAA redefines "electronic surveillance" to
>exclude anyone "reasonably believed" to be outside the USA – a technical
>change which reduces the bar to initiating surveillance.
>
>The act also gives the director of national intelligence and the attorney
>general power to permit obtaining intelligence information, and indemnifies
>internet companies against any actions arising as a result of co-operating
>with authorities' requests.
>
>In short, where previously the NSA needed individual authorisations, and
>confirmation that all parties were outside the USA, they now need only
>reasonable suspicion that one of the parties was outside the country at the
>time of the records were collected by the NSA.
>
>The document also shows the FBI acts as an intermediary between other
>agencies and the tech companies, and stresses its reliance on the
>participation of US internet firms, claiming "access is 100% dependent on ISP
>provisioning".
>
>In the document, the NSA hails the PRISM program as "one of the most
>valuable, unique and productive accesses for NSA".
>
>It boasts of what it calls "strong growth" in its use of the PRISM program to
>obtain communications. The document highlights the number of obtained
>communications increased in 2012 by 248% for Skype – leading the notes to
>remark there was "exponential growth in Skype reporting; looks like the word
>is getting out about our capability against Skype". There was also a 131%
>increase in requests for Facebook data, and 63% for Google.
>
>The NSA document indicates that it is planning to add Dropbox as a PRISM
>provider. The agency also seeks, in its words, to "expand collection services
>from existing providers".
>
>The revelations echo fears raised on the Senate floor last year during the
>expedited debate on the renewal of the FAA powers which underpin the PRISM
>program, which occurred just days before the act expired.
>
>Senator Christopher Coons of Delaware specifically warned that the secrecy
>surrounding the various surveillance programs meant there was no way to know
>if safeguards within the act were working.
>
>"The problem is: we here in the Senate and the citizens we represent don't
>know how well any of these safeguards actually work," he said.
>
>"The law doesn't forbid purely domestic information from being collected. We
>know that at least one Fisa court has ruled that the surveillance program
>violated the law. Why? Those who know can't say and average Americans can't
>know."
>
>Other senators also raised concerns. Senator Ron Wyden of Oregon attempted,
>without success, to find out any information on how many phone calls or
>emails had been intercepted under the program.
>
>When the law was enacted, defenders of the FAA argued that a significant
>check on abuse would be the NSA's inability to obtain electronic
>communications without the consent of the telecom and internet companies that
>control the data. But the PRISM program renders that consent unnecessary, as
>it allows the agency to directly and unilaterally seize the communications
>off the companies' servers.
>
>When the NSA reviews a communication it believes merits further
>investigation, it issues what it calls a "report". According to the NSA,
>"over 2,000 PRISM-based reports" are now issued every month. There were
>24,005 in 2012, a 27% increase on the previous year.
>
>In total, more than 77,000 intelligence reports have cited the PRISM program.
>
>Jameel Jaffer, director of the ACLU's Center for Democracy, that it was
>astonishing the NSA would even ask technology companies to grant direct
>access to user data.
>
>"It's shocking enough just that the NSA is asking companies to do this," he
>said. "The NSA is part of the military. The military has been granted
>unprecedented access to civilian communications.
>
>"This is unprecedented militarisation of domestic communications
>infrastructure. That's profoundly troubling to anyone who is concerned about
>that separation."
>
>A senior administration official said in a statement: "The Guardian and
>Washington Post articles refer to collection of communications pursuant to
>Section 702 of the Foreign Intelligence Surveillance Act. This law does not
>allow the targeting of any US citizen or of any person located within the
>United States.
>
>"The program is subject to oversight by the Foreign Intelligence Surveillance
>Court, the Executive Branch, and Congress. It involves extensive procedures,
>specifically approved by the court, to ensure that only non-US persons
>outside the US are targeted, and that minimize the acquisition, retention and
>dissemination of incidentally acquired information about US persons.
>
>"This program was recently reauthorized by Congress after extensive hearings
>and debate.
>
>"Information collected under this program is among the most important and
>valuable intelligence information we collect, and is used to protect our
>nation from a wide variety of threats.
>
>"The Government may only use Section 702 to acquire foreign intelligence
>information, which is specifically, and narrowly, defined in the Foreign
>Intelligence Surveillance Act. This requirement applies across the board,
>regardless of the nationality of the target."
>
>Additional reporting by James Ball and Dominic Rushe
>--
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