NSA, FBI warrantlessly spying on millions of Americans

NSA collecting phone records of millions of Verizon customers daily


Exclusive: Top secret court order requiring Verizon to hand over all call data shows scale of domestic surveillance under Obama

• Read the Verizon court order in full here
• Obama administration justifies surveillance

Glenn Greenwald
The Guardian, Wednesday 5 June 2013


Under the terms of the order, the numbers of both parties on a call are handed over, as is location data and the time and duration of all calls. Photograph: Matt Rourke/AP
The National Security Agency is currently collecting the telephone records of millions of US customers of Verizon, one of America's largest telecoms providers, under a top secret court order issued in April.

The order, a copy of which has been obtained by the Guardian, requires Verizon on an "ongoing, daily basis" to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries.

The document shows for the first time that under the Obama administration the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.

The secret Foreign Intelligence Surveillance Court (Fisa) granted the order to the FBI on April 25, giving the government unlimited authority to obtain the data for a specified three-month period ending on July 19.

Under the terms of the blanket order, the numbers of both parties on a call are handed over, as is location data, call duration, unique identifiers, and the time and duration of all calls. The contents of the conversation itself are not covered.

The disclosure is likely to reignite longstanding debates in the US over the proper extent of the government's domestic spying powers.

Under the Bush administration, officials in security agencies had disclosed to reporters the large-scale collection of call records data by the NSA, but this is the first time significant and top-secret documents have revealed the continuation of the practice on a massive scale under President Obama.

The unlimited nature of the records being handed over to the NSA is extremely unusual. Fisa court orders typically direct the production of records pertaining to a specific named target who is suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets.

The Guardian approached the National Security Agency, the White House and the Department of Justice for comment in advance of publication on Wednesday. All declined. The agencies were also offered the opportunity to raise specific security concerns regarding the publication of the court order.

The court order expressly bars Verizon from disclosing to the public either the existence of the FBI's request for its customers' records, or the court order itself.

"We decline comment," said Ed McFadden, a Washington-based Verizon spokesman.

The order, signed by Judge Roger Vinson, compels Verizon to produce to the NSA electronic copies of "all call detail records or 'telephony metadata' created by Verizon for communications between the United States and abroad" or "wholly within the United States, including local telephone calls".

The order directs Verizon to "continue production on an ongoing daily basis thereafter for the duration of this order". It specifies that the records to be produced include "session identifying information", such as "originating and terminating number", the duration of each call, telephone calling card numbers, trunk identifiers, International Mobile Subscriber Identity (IMSI) number, and "comprehensive communication routing information".

The information is classed as "metadata", or transactional information, rather than communications, and so does not require individual warrants to access. The document also specifies that such "metadata" is not limited to the aforementioned items. A 2005 court ruling judged that cell site location data – the nearest cell tower a phone was connected to – was also transactional data, and so could potentially fall under the scope of the order.

While the order itself does not include either the contents of messages or the personal information of the subscriber of any particular cell number, its collection would allow the NSA to build easily a comprehensive picture of who any individual contacted, how and when, and possibly from where, retrospectively.

It is not known whether Verizon is the only cell-phone provider to be targeted with such an order, although previous reporting has suggested the NSA has collected cell records from all major mobile networks. It is also unclear from the leaked document whether the three-month order was a one-off, or the latest in a series of similar orders.

The court order appears to explain the numerous cryptic public warnings by two US senators, Ron Wyden and Mark Udall, about the scope of the Obama administration's surveillance activities.

For roughly two years, the two Democrats have been stridently advising the public that the US government is relying on "secret legal interpretations" to claim surveillance powers so broad that the American public would be "stunned" to learn of the kind of domestic spying being conducted.

Because those activities are classified, the senators, both members of the Senate intelligence committee, have been prevented from specifying which domestic surveillance programs they find so alarming. But the information they have been able to disclose in their public warnings perfectly tracks both the specific law cited by the April 25 court order as well as the vast scope of record-gathering it authorized.

Julian Sanchez, a surveillance expert with the Cato Institute, explained: "We've certainly seen the government increasingly strain the bounds of 'relevance' to collect large numbers of records at once — everyone at one or two degrees of separation from a target — but vacuuming all metadata up indiscriminately would be an extraordinary repudiation of any pretence of constraint or particularized suspicion." The April order requested by the FBI and NSA does precisely that.

The law on which the order explicitly relies is the so-called "business records" provision of the Patriot Act, 50 USC section 1861. That is the provision which Wyden and Udall have repeatedly cited when warning the public of what they believe is the Obama administration's extreme interpretation of the law to engage in excessive domestic surveillance.

In a letter to attorney general Eric Holder last year, they argued that "there is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows."

"We believe," they wrote, "that most Americans would be stunned to learn the details of how these secret court opinions have interpreted" the "business records" provision of the Patriot Act.

Privacy advocates have long warned that allowing the government to collect and store unlimited "metadata" is a highly invasive form of surveillance of citizens' communications activities. Those records enable the government to know the identity of every person with whom an individual communicates electronically, how long they spoke, and their location at the time of the communication.

Such metadata is what the US government has long attempted to obtain in order to discover an individual's network of associations and communication patterns. The request for the bulk collection of all Verizon domestic telephone records indicates that the agency is continuing some version of the data-mining program begun by the Bush administration in the immediate aftermath of the 9/11 attack.

The NSA, as part of a program secretly authorized by President Bush on 4 October 2001, implemented a bulk collection program of domestic telephone, internet and email records. A furore erupted in 2006 when USA Today reported that the NSA had "been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth" and was "using the data to analyze calling patterns in an effort to detect terrorist activity." Until now, there has been no indication that the Obama administration implemented a similar program.

These recent events reflect how profoundly the NSA's mission has transformed from an agency exclusively devoted to foreign intelligence gathering, into one that focuses increasingly on domestic communications. A 30-year employee of the NSA, William Binney, resigned from the agency shortly after 9/11 in protest at the agency's focus on domestic activities.

In the mid-1970s, Congress, for the first time, investigated the surveillance activities of the US government. Back then, the mandate of the NSA was that it would never direct its surveillance apparatus domestically.

At the conclusion of that investigation, Frank Church, the Democratic senator from Idaho who chaired the investigative committee, warned: "The NSA's capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn't matter."

It's not like this is new information to anybody who's actually done some research on the topic. Secret surveillance of the public has been going on for years, well before this announcement was made, and prior to the enactment of the Patriot Act, except that now, we finally have the documents that prove this.

These actions are 'lawful' under the 'business record section' of the Patriot Act, according to the serpentine woman Dianne Feinstein and recently, Oboma. However, designating an act as lawful because it falls within the criterion of an active law doesn't mean that it's right or justified, and especially if the act is blatantly breaching constitutional rights.




All Americans need to hear now to quell their fears or concerns is that it's lawful, and basically, to deal with it. That's it. No more questions, it's simply 'Big Brother' watching out for you, and trying to protect you from 'terrorism'.


"Everything Hitler did was "Lawful" under his government, too......just saying.

: :ufareal?:

Whats strange is that everyone is acting suprised.

Officials: NSA programs broke plots in 20 nations
ByKIMBERLY DOZIER AP Intelligence Writer
Posted:   06/15/2013 04:36:23 PM PDT




WASHINGTON—Top U.S. intelligence officials said Saturday that information gleaned from two controversial data-collection programs run by the National Security Agency thwarted potential terrorist plots in the U.S. and more than 20 other countries—and that gathered data is destroyed every five years.
Last year, fewer than 300 phone numbers were checked against the database of millions of U.S. phone records gathered daily by the NSA in one of the programs, the intelligence officials said in arguing that the programs are far less sweeping than their detractors allege.
No other new details about the plots or the countries involved were part of the newly declassified information released to Congress on Saturday and made public by the Senate Intelligence Committee. Intelligence officials said they are working to declassify the dozens of plots NSA chief Gen. Keith Alexander said were disrupted, to show Americans the value of the programs, but that they want to make sure they don't inadvertently reveal parts of the U.S. counterterrorism playbook in the process.
The release of information follows a bruising week for U.S. intelligence officials who testified on Capitol Hill, defending programs that were unknown to the public—and some lawmakers—until they were revealed by a series of media stories in The Guardian and The Washington Post newspapers, leaked by former NSA contractor Edward Snowden, who remains in hiding in Hong Kong.
The
disclosures have sparked debate and legal action against the Obama administration by privacy activists who say the data collection goes far beyond what was intended when expanded counterterrorism measures were authorized by Congress after the terror attacks of Sept. 11, 2001.
Intelligence officials said Saturday that both NSA programs are reviewed every 90 days by the secret court authorized by the Foreign Intelligence Surveillance Act. Under the program, the records, showing things like time and length of call, can only be examined for suspected connections to terrorism, they said.
The officials offered more detail on how the phone records program helped the NSA stop a 2009 al-Qaida plot to blow up New York City subways. They say the program helped them track a co-conspirator of al-Qaida operative Najibullah Zazi—though it's not clear why the FBI needed the NSA to investigate Zazi's phone records because the FBI would have had the authority to gather records of Zazi's phone calls after identifying him as a suspect, rather than relying on the sweeping collection program.


Read more:http://www.sbsun.com/breakingnews/ci_23469404/officials-nsa-programs-broke-plots-20-nations#ixzz2WMBMPt5o


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And the media shit storm on how illegal government espionage of its own citizens is beneficial because 'this event' and 'that event' was prevented, begins. They were able to thwart several potential terrorists threats in the last years, huh? well with this much intelligence gathering going on, why then the massive failure to uncover the premeditated 9/11 attacks before they transpired? Oh, wait......

Makes me sick. But we knew that was coming.

NSA Director Says Plot to Bomb Wall Street Was Foiled









LOL ^ 

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NSA Director Says Plot to Bomb Wall Street Was Foiled
by The Associated Press Jun 18th 2013 11:45AM
Updated Jun 18th 2013 11:57AM






WASHINGTON - The director of the National Security Agency said Tuesday the government's sweeping surveillance programs have foiled some 50 terrorist plots worldwide, including one directed at the New York Stock Exchange, in a forceful defense of spy operations that was echoed by the leaders of the House Intelligence Committee.

Army Gen. Keith Alexander said the two recently disclosed programs -- one that gathers U.S. phone records and another that is designed to track the use of U.S.-based Internet servers by foreigners with possible links to terrorism -- are critical in the terrorism fight.

Intelligence officials have disclosed some details on two thwarted attacks, and Alexander offered some information on other attempts.

He said the NSA was monitoring a known extremist in Yemen who was in contact with an individual in the United States. Identifying that person and other individuals, Alexander said, officials "were able to detect a nascent plot to bomb the New York Stock Exchange. ... The FBI disrupted and arrested these individuals."

The programs "assist the intelligence community to connect the dots," Alexander told the committee in a rare, open Capitol Hill hearing.

Alexander got no disagreement from the leaders of the panel, who have been outspoken in backing the programs since Edward Snowden, a 29-year-old former contractor with Booz Allen Hamilton, disclosed information to The Washington Post and the Guardian newspapers.

Rep. Mike Rogers (R-Mich.), chairman of the committee, and Rep. C.A. "Dutch" Ruppersberger (D-Md.), the panel's top Democrat, said the programs were vital to the intelligence community and assailed Snowden's actions as criminal.

"It is at times like these where our enemies within become almost as damaging as our enemies on the outside," Rogers said.

Ruppersberger said the "brazen disclosures" put the United States and its allies at risk.

The general counsel for the intelligence community said the NSA cannot target phone conversations between callers inside the U.S. -- even if one of those callers was someone they were targeted for surveillance when outside the country.

The director of national intelligence's legal chief, Robert S. Litt, said that if the NSA finds it has accidentally gathered a phone call by a target who had traveled into the U.S. without their knowledge, they have to "purge" that from their system. The same goes for an accidental collection of any conversation because of an error.

Litt said those incidents are then reported to the Foreign Intelligence Surveillance Court, which "pushes back" and asks how it happened, and what the NSA is doing to fix the problem so it doesn't happen again.

The hearing came the morning after President Barack Obama, who is attending the G-8 summit in Ireland, vigorously defended the surveillance programs in a lengthy interview Monday, calling them transparent -- even though they are authorized in secret.

"It is transparent," Obama told PBS' Charlie Rose in an interview. "That's why we set up the FISA court," the president added, referring to the secret court set up by the Foreign Intelligence Surveillance Act that authorizes two recently disclosed programs: one that gathers U.S. phone records and another that is designed to track the use of U.S.-based Internet servers by foreigners with possible links to terrorism.

Obama said he has named representatives to a privacy and civil liberties oversight board to help in the debate over just how far government data gathering should be allowed to go -- a discussion that is complicated by the secrecy surrounding the FISA court, with hearings held at undisclosed locations and with only government lawyers present. The orders that result are all highly classified.

"We're going to have to find ways where the public has an assurance that there are checks and balances in place ... that their phone calls aren't being listened into; their text messages aren't being monitored, their emails are not being read by some big brother somewhere," the president said.

A senior administration official said Obama had asked Director of National Intelligence James Clapper to determine what more information about the two programs could be made public, to help better explain them. The official spoke on condition of anonymity because the official was not authorized to speak publicly.

Snowden on Monday accused members of Congress and administration officials of exaggerating their claims about the success of the data gathering programs, including pointing to the arrest of the would-be New York subway bomber, Najibullah Zazi, in 2009.

In an online interview with The Guardian in which he posted answers to questions, he said Zazi could have been caught with narrower, targeted surveillance programs -- a point Obama conceded in his interview without mentioning Snowden.

"We might have caught him some other way," Obama said. "We might have disrupted it because a New York cop saw he was suspicious. Maybe he turned out to be incompetent and the bomb didn't go off. But, at the margins, we are increasing our chances of preventing a catastrophe like that through these programs," he said.

Obama repeated earlier assertions that the NSA programs were a legitimate counterterror tool and that they were completely noninvasive to people with no terror ties -- something he hoped to discuss with the privacy and civil liberties board he'd formed. The senior administration official said the president would be meeting with the new privacy board in the coming days.
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