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The Pronk Pops Show 893, May 15, 2017, Story 1: World Wide Ransom Ware Demands Spreading To Over 150 Countries — Huge Hacker Holdup Using Exploit of Security Flaw In Microsoft XP Operating System — Used Code Developed By U.S. National Security Agency (NSA) — Running Sacred — Crying — It’s Over — Videos — Story 2: American People Demand Congress Appoint Special Prosecutor — Investigate Obama’s Administration Use of Intelligence Community (NSA, CIA, FBI, …) Warrantless Surveillance of Both Democrat and Republican Presidential Candidates — The Use Intelligence Information For Political Purposes Is A Felony! — Videos

Posted on May 15, 2017. Filed under: American History, Applications, Blogroll, Breaking News, Computer, Computers, Corruption, Crime, Donald J. Trump, Donald Trump, Hardware, History, Human, Law, Life, Media, Networking, Privacy, Raymond Thomas Pronk, Science, Security, Servers, Social Science, Software, Wealth, Wisdom | Tags: , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 893,  May 15, 2017

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

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Story 1: Huge Hacker Holdup — Cyber extortion Attack — NSA Ransom War — Running Sacred — Crying — It’s Over — VideosImage result for ransome ware attackImage result for bitcoinImage result for cartoons ransom ware attackImage result for ransome ware attack list of countries and companies

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 New version of ransomware worm expected

Cyber Attack: Ransomware causing chaos globally – BBC News

Ransomware virus ‘WannaCry’ plagues 100k computers across 99 countries

Ransomware attack takes down LA hospital for hours

WannaCry Ransomware Hits Hospitals

WannaCry Ransomware Used In Global Attacks!

WATCH: Ransomware cyberattack targets Windows users around the world

BREAKING***100 Countries Massive Global Ransomware Attack Used NSA Hacking Tool

What is ransomware and how can I protect myself?

How Ransomware Locks Your PC & Holds Your Data Hostage

Massive Ransomware Outbreak Thanks to NSA – WannaCry Worm Spreading Fast

Ransomware As Fast As Possible

The Truth About Ransomware – Webinar

What is Ransomware, How it Works and What You Can Do to Stay Protected

NSA Whistleblower Bill Binney on Tucker Carlson 03.24.2017

NSA Whistleblower William Binney: The Future of FREEDOM

ROY ORBISON – CRYING – LIVE 1988

Roy Orbison – “Running Scared” from Black and White Night

Roy Orbison – Crying (Monument Concert 1965)

Roy Orbison – It’s Over (Monument Concert 1965)

Roy Orbison – “It’s Over” from Black and White Night

Worldwide ransomware attacks: What we know so far

May 15, 2017
AUTHOR: LILY HAY NEWMAN. SECURITY

HOW AN ACCIDENTAL ‘KILL SWITCH’ SLOWED FRIDAY’S MASSIVE RANSOMWARE ATTACK

Cybersecurity Experts’ First Task: Find Out How Virus Spread

Investigators think a computer outlet that isn’t supposed to be connected to the internet was a possible vector for WannaCry

The virus, dubbed WannaCry, is a two-part virus. One part is ransomware, which locks computer files and demands online payment to unlock them. The other part spreads it.

The virus, dubbed WannaCry, is a two-part virus. One part is ransomware, which locks computer files and demands online payment to unlock them. The other part spreads it. PHOTO: RITCHIE B. TONGO/EUROPEAN PRESSPHOTO AGENCY

Government investigators and private cybersecurity firms are trying to find out how a virus managed to spread around the globe over the weekend, which would give them their best chance to identify the mastermind behind the cyberattacks.

Investigators have already ruled out phishing—tricking someone into opening a seemingly legitimate email attachment that actually contains the virus—as a possible tactic. One of their hypotheses centers on something called port 445, an outlet that isn’t supposed to be connected to the internet.

The race is on to identify patient zero, or the first known infection of the virus, to find clues that could lead back to the hacker.

The attacks appear to have largely abated Monday, despite fears that a new workweek would trigger a second wave. Cybersecurity experts see fewer infections compared with Friday, when the onslaught started.

“We think the initial fire is put out,” said Rob Holmes, vice president of products at Proofpoint, a Silicon Valley company with virus sensors at major corporations and telecom companies.

The virus, dubbed WannaCry, is a two-part virus. One part is ransomware, which locks computer files and demands online payment to unlock them. The other part is a “spreader,” which transmits WannaCry to all other computers on a network. It attacks machines running Microsoft Corp.’s Windows systems that don’t have up-to-date security patches.

Mr. Holmes said 95% of ransomware attacks use the relatively unsophisticated technique of phishing.

A European Union cybersecurity agency published a report Monday, which said early indications pointed to emails containing WannaCry-infected Microsoft Office documents as the attacker’s weapon. But it quickly amended the report, saying phishing probably wasn’t involved.

If it had been a phishing attack, organizations would have found the offending email by now and described it to the public, cybersecurity experts said.

Now there are two main hypotheses as to how WannaCry could have wormed its way into a computer. One theory centers on port 445.

Imagine a network of 100 computers. These computers communicate with each other through digital roads. One of the roads is port 445, and it is usually reserved for Windows-running computers to transfer files to each other, or to send stuff to the printer, said Becky Pinkard, a vice president at cybersecurity firm Digital Shadows.

Authorities know WannaCry spread itself within a network using the port 445 roads. But how did it get there in the first place? Port 445 roads connect computers within a network, but it was thought to be walled off from the internet and outside world. Now investigators are trying to determine whether port 445’s wall has a hole that WannaCry wiggled through.

“Most researchers tend to believe at the moment that it spreads initially through vulnerable computers exposing port 445 on the internet,” the updated EU agency report said.

There is another theory. Ms. Pinkard said an employee could have taken an office-issued laptop to a coffee shop or hotel and logged onto the venue’s unsecure internet network. If that laptop doesn’t have the antivirus protections that networks at big organizations typically have, a hacker could’ve slipped WannaCry onto the device. When the employee brings the laptop back to the office and connects it to the network, bam: WannaCry spreads itself via port 445.

Companies can protect laptops from this with commercially available protection software, Ms. Pinkard said.

If researchers can find the original WannaCry victim, they might be able to trace the signature of the attacker who delivered the virus via an internet-protocol address, or IP address. “If I were law enforcement, I would be working to find who was the very first company impacted,” Ms. Pinkard said. “I would knock at the door and be asking, ‘Can I look at your logs?’ ”

The problem is that the IP address could lead to another IP address, which would lead to another IP address, and so on. “It’s a very slow and painful process,” Ms. Pinkard said.

Cybersecurity experts said that, even though some of the world’s smartest minds are on the case, it could take months or years to find the mastermind—if they find the attacker at all.

A parallel hunt would be following the money. WannaCry asked for ransom to be delivered via a digital currency called bitcoin. About 124 payments totaling about $34,000, or a little less than $300 each, went to the attacker as of Sunday afternoon, said bitcoin-analytics-firm Chainalysis. Every bitcoin transaction is recorded on an online ledger. But finding out the individual behind each transaction is difficult because users’ identities are well encrypted.

“There’s going to be a paper trail,” said Brian Knight, a George Mason University specialist in financial technology. “Whether it can be deciphered is a separate question.”

https://www.wsj.com/articles/cybersecurity-experts-first-task-find-out-how-virus-spread-1494868250

The cyberattacks started Friday and spread rapidly around the globe using a security flaw in Microsoft’s Windows XP operating system

The cyberattacks started Friday and spread rapidly around the globe using a security flaw in Microsoft’s Windows XP operating system

 Security agencies are hunting for those behind a crippling cyberattack which has so far hit hundreds of thousands of computers worldwide, including at government agencies, factories and health services.

Here is what we know so far about the cyber ransom attacks:

– What happened? –

The cyberattacks started Friday and spread rapidly around the globe using a security flaw in Microsoft’s Windows XP operating system, an older version that is no longer given mainstream tech support by the US giant.

The so-called WannaCry ransomware locks access to user files and in an on-screen message demands payment of $300 (275 euros) in the virtual currency Bitcoin in order to decrypt the files.

Victims have been advised by security experts not to pay up.

The attack is unique, according to policing agency Europol, because it combines ransomware with a worm function, meaning once one machine is infected, the entire internal network is scanned and other vulnerable machines are infected.

– Who has been affected? –

Europol chief Rob Wainwright said computer systems in more than 150 countries were hit, with the majority of organisations affected over the weekend in Europe.

But as Asia woke up to the working week on Monday, leading Chinese security-software provider Qihoo 360 said “hundreds of thousands” of computers in the country were hit at nearly 30,000 institutions including government agencies.

In Japan, a spokesman for Hitachi said the conglomerate discovered problems on Monday morning and its computer networks were “unstable”.

Other high-profile victims include hospitals in Britain, the Spanish telecoms giant Telefonica, French carmaker Renault, US package delivery company FedEx, Russia’s interior ministry and the German rail operator Deutsche Bahn.

– Where did the malware come from? –

Brad Smith, Microsoft’s president and chief legal officer, said in a blog post Sunday that the culprits used a code developed by the US National Security Agency.

It was leaked as part of a document dump, according to researchers at the Moscow-based computer security firm Kaspersky Lab.

Smith warned governments against stockpiling such vulnerabilities and said instead they should report them to manufacturers — not sell, store or exploit them, lest they fall into the wrong hands.

“An equivalent scenario with conventional weapons would be the US military having some of its Tomahawk missiles stolen,” Smith wrote.

“The governments of the world should treat this attack as a wake up call.”

– Who was behind the attack? –

Europol said on Monday it was continuing to hunt for the culprits behind the unprecedented attack.

The agency’s senior spokesman Jan Op Gen Oorth said it was still “a bit early too say who is behind it, but we are working on a decrypting tool”.

Experts think it unlikely to have been one person, with criminally minded cyber crime syndicates nowadays going underground and using ever more sophisticated encryption to hide their activities.

– How can people protect their computers? –

Microsoft took the unusual step of reissuing security patches first made available in March for Windows XP and other older versions of its operating system.

Kaspersky said it was seeking to develop a decryption tool “as soon as possible”.

Europol said European companies and governments had heeded warnings and as a result avoided further fallout from the ransomware.

“It seems that a lot of internet security guys over the weekend did their homework and ran the security software updates,” Jan Op Gen Oorth told AFP.

https://www.yahoo.com/tech/worldwide-ransomware-cyberattacks-know-152751340.html

Dozens of countries hit by huge cyberextortion attack

NEW YORK (AP) — Dozens of countries were hit with a huge cyberextortion attack Friday that locked up computers and held users’ files for ransom at a multitude of hospitals, companies and government agencies.

It was believed to the biggest attack of its kind ever recorded.

The malicious software behind the onslaught appeared to exploit a vulnerability in Microsoft Windows that was supposedly identified by the National Security Agency for its own intelligence-gathering purposes and was later leaked to the internet.

Britain’s national health service fell victim, its hospitals forced to close wards and emergency rooms and turn away patients. Russia appeared to be the hardest hit, according to security experts, with the country’s Interior Ministry confirming it was struck.

All told, several cybersecurity firms said they had identified the malicious software, which so far has been responsible for tens of thousands of attacks, in more than 60 countries. That includes the United States, although its effects there didn’t appear to be widespread, at least initially.

The attack infected computers with what is known as “ransomware” — software that locks up the user’s data and flashes a message demanding payment to release it. In the U.S., FedEx reported that its Windows computers were “experiencing interference” from malware, but wouldn’t say if it had been hit by ransomware.

Mikko Hypponen, chief research officer at the Helsinki-based cybersecurity company F-Secure, called the attack “the biggest ransomware outbreak in history.”

Security experts said the attack appeared to be caused by a self-replicating piece of software that enters companies and organizations when employees click on email attachments, then spreads quickly internally from computer to computer when employees share documents and other files.

Its ransom demands start at $300 and increase after two hours to $400, $500 and then $600, said Kurt Baumgartner, a security researcher at Kaspersky Lab. Affected users can restore their files from backups, if they have them, or pay the ransom; otherwise they risk losing their data entirely.

Chris Wysopal of the software security firm Veracode said criminal organizations were probably behind the attack, given how quickly the malware spread.

“For so many organizations in the same day to be hit, this is unprecedented,” he said.

The security holes it exploits were disclosed several weeks ago by TheShadowBrokers, a mysterious group that has published what it says are hacking tools used by the NSA as part of its intelligence-gathering.

Shortly after that disclosure, Microsoft announced that it had already issued software “patches” for those holes. But many companies and individuals haven’t installed the fixes yet or are using older versions of Windows that Microsoft no longer supports and didn’t fix.

By Kaspersky Lab’s count, the malware struck at least 74 countries. In addition to Russia, the biggest targets appeared to be Ukraine and India, nations where it is common to find older, unpatched versions of Windows in use, according to the security firm.

Hospitals across Britain found themselves without access to their computers or phone systems. Many canceled all routine procedures and asked patients not to come to the hospital unless it was an emergency. Doctors’ practices and pharmacies reported similar problems.

Patrick Ward, a 47-year-old sales director, said his heart operation, scheduled for Friday, was canceled at St. Bartholomew’s Hospital in London.

Tom Griffiths, who was at the hospital for chemotherapy, said several cancer patients had to be sent home because their records or bloodwork couldn’t be accessed.

“Both staff and patients were frankly pretty appalled that somebody, whoever they are, for commercial gain or otherwise, would attack a health care organization,” he said. “It’s stressful enough for someone going through recovery or treatment for cancer.”

British Prime Minister Theresa May said there was no evidence patient data had been compromised and added that the attack had not specifically targeted the National Health Service.

“It’s an international attack and a number of countries and organizations have been affected,” she said.

Spain, meanwhile, took steps to protect critical infrastructure in response to the attack. Authorities said they were communicating with more than 100 energy, transportation, telecommunications and financial services providers about the attack.

Spain’s Telefonica, a global broadband and telecommunications company, was among the companies hit.

Ransomware attacks are on the rise around the world. In 2016, Hollywood Presbyterian Medical Center in California said it had paid a $17,000 ransom to regain control of its computers from hackers.

Krishna Chinthapalli, a doctor at Britain’s National Hospital for Neurology & Neurosurgery who wrote a paper on cybersecurity for the British Medical Journal, warned that British hospitals’ old operating systems and confidential patient information made them an ideal target for blackmailers.

He said many NHS hospitals in Britain use Windows XP software, introduced in 2001, and as government funding for the health service has been squeezed, “IT budgets are often one of the first ones to be reduced.”

“Looking at the trends, it was going to happen,” he said. “I did not expect an attack on this scale. That was a shock.

https://apnews.com/e8402f2faf934f7ab5419d4961d3dafe/Global-extortion-cyberattack-hits-dozens-of-nations

Global ‘WannaCry’ ransomware cyberattack seeks cash for data

LONDON (AP) — A global “ransomware” cyberattack, unprecedented in scale, had technicians scrambling to restore Britain’s crippled hospital network Saturday and secure the computers that run factories, banks, government agencies and transport systems in many other nations.

The worldwide effort to extort cash from computer users spread so widely that Microsoft quickly changed its policy, making security fixes available for free for the older Windows systems still used by millions of individuals and smaller businesses.

A malware tracking map showed “WannaCry” infections popping up around the world. Britain canceled or delayed treatments for thousands of patients, even people with cancer. Train systems were hit in Germany and Russia, and phone companies in Madrid and Moscow. Renault’s futuristic assembly line in Slovenia, where rows of robots weld car bodies together, was stopped cold.

In Brazil, the social security system had to disconnect its computers and cancel public access. The state-owned oil company Petrobras and Brazil’s Foreign Ministry also disconnected computers as a precautionary measure, and court systems went down, too.

Britain’s home secretary said one in five of 248 National Health Service groups had been hit. Home Secretary Amber Rudd said all but six of the NHS trusts back to normal Saturday.

The U.K.’s National Cyber Security Center was “working round the clock” to restore vital health services, while urging people to update security software fixes, run anti-virus software and back up their data elsewhere.

Who perpetrated this wave of attacks remains unknown. Two security firms — Kaspersky Lab and Avast — said they identified the malicious software in more than 70 countries. Both said Russia was hit hardest.

These hackers “have caused enormous amounts of disruption— probably the biggest ransomware cyberattack in history,” said Graham Cluley, a veteran of the anti-virus industry in Oxford, England.

And all this may be just a taste of what’s coming, another cyber security expert warned.

Computer users worldwide — and everyone else who depends on them — should assume that the next big “ransomware” attack has already been launched, and just hasn’t manifested itself yet, Ori Eisen, who founded the Trusona cybersecurity firm in Scottsdale, Arizona, told The Associated Press.

The attack held hospitals and other entities hostage by freezing computers, encrypting data and demanding money through online bitcoin payments. But it appears to be “low-level” stuff, Eisen said Saturday, given the amount of ransom demanded — $300 at first, rising to $600 before it destroys files hours later.

He said the same thing could be done to crucial infrastructure, like nuclear power plants, dams or railway systems.

“This is child’s play, what happened. This is not the serious stuff yet. What if the same thing happened to 10 nuclear power plants, and they would shut down all the electricity to the grid? What if the same exact thing happened to a water dam or to a bridge?” he asked.

“Today, it happened to 10,000 computers,” Eisen said. “There’s no barrier to do it tomorrow to 100 million computers.”

This is already believed to be the biggest online extortion attack ever recorded, disrupting services in nations as diverse as the U.S., Ukraine, Brazil, Spain and India. Europol, the European Union’s police agency, said the onslaught was at “an unprecedented level and will require a complex international investigation to identify the culprits.”

In Russia, government agencies insisted that all attacks had been resolved. Russian Interior Ministry, which runs the national police, said the problem had been “localized” with no information compromised. Russia’s health ministry said its attacks were “effectively repelled.”

The ransomware exploits a vulnerability in Microsoft Windows that was purportedly identified by the U.S. National Security Agency for its own intelligence-gathering purposes. Hackers said they stole the tools from the NSA and dumped them on the internet.

It could have been much worse if not for a young cybersecurity researcher who helped to halt its spread by accidentally activating a so-called “kill switch” in the malicious software.

The 22-year-old Britain-based researcher, identified online only as MalwareTech, explained Saturday that he spotted a hidden web address in the “WannaCrypt” code and made it official by registering its domain name. That inexpensive move redirected the attacks to MalwareTech’s server, which operates as a “sinkhole” to keep malware from escaping.

“Because WannaCrypt used a single hardcoded domain, my registration of it caused all infections globally to believe they were inside a sandbox … thus we initially unintentionally prevented the spread,” the researcher said, humbly and anonymously, in his blog post.

His move may have saved governments and companies millions of dollars and slowed the outbreak before U.S.-based computers were more widely infected.

Indeed, while FedEx Corp. reported that its Windows computers were “experiencing interference” from malware — it wouldn’t say if it had been hit by the ransomware — other impacts in the U.S. were not readily apparent on Saturday.

That said, the threat hasn’t disappeared, the MalwareTech researcher said.

“One thing that is very important to note is our sinkholing only stops this sample and there is nothing stopping them removing the domain check and trying again, so it’s incredibly important that any unpatched systems are patched as quickly as possible,” he warned.

The kill switch also couldn’t help those already infected. Short of paying, options for these individuals and companies are usually limited to recovering data files from a backup, if available, or living without them.

Security experts said it appeared to be caused by a self-replicating piece of software that enters companies when employees click on email attachments, then spreads quickly as employees share documents.

The security holes it exploits were disclosed weeks ago by TheShadowBrokers, a mysterious hacking group. Microsoft swiftly released software “patches” to fix those holes, but many users still haven’t installed updates or still use older versions of Windows.

Microsoft had made fixes for older systems, such as 2001′s Windows XP, available only to mostly larger organizations, including Britain’s National Health Service, that paid extra for extended technical support. In light of Friday’s attacks, Microsoft announced that it’s making the fixes free to all.

Cluley said “There’s clearly some culpability on the part of the U.S. intelligence services. Because they could have done something ages ago to get this problem fixed, and they didn’t do it.”

“It’s very, very difficult these days, with encryption, to spy on people,” Cluley added. “But I don’t think that those concerns should hide the fact that ALL of us need to be protected … We’re living an online life, and we all deserve security there.”

https://apnews.com/770946e7df454d2e9acda3bdbd3ed425/Unprecedented-global-‘ransomware’-attack-seeks-cash-for-data

Ransomware

From Wikipedia, the free encyclopedia

Ransomware is a type of malicious software designed to block access to a computer system or data until a ransom is paid. Simple ransomware may lock the system in a way which is not difficult for a knowledgeable person to reverse, and display a message requesting payment to unlock it. More advanced malware encrypts the victim’s files, making them inaccessible, and demands a ransom payment to decrypt them.[1] The ransomware may also encrypt the computer’s Master File Table (MFT)[2][3] or the entire hard drive.[4] Thus, ransomware is a denial-of-access attack that prevents computer users from accessing files[5] since it is intractable to decrypt the files without the decryption key. Ransomware attacks are typically carried out using a Trojan that has a payload disguised as a legitimate file.

While initially popular in Russia, the use of ransomware scams has grown internationally;[6][7][8] in June 2013, security software vendor McAfee released data showing that it had collected over 250,000 unique samples of ransomware in the first quarter of 2013, more than double the number it had obtained in the first quarter of 2012.[9] Wide-ranging attacks involving encryption-based ransomware began to increase through Trojans such as CryptoLocker, which had procured an estimated US$3 million before it was taken down by authorities,[10] and CryptoWall, which was estimated by the US Federal Bureau of Investigation (FBI) to have accrued over $18m by June 2015.[11]

Operation

Typically, modern ransomware uses encryption to deny users’ access to their files. The software encrypts the victim’s files using a symmetric cipher with a randomly generated key, and then deletes the key, leaving only a version of it made inaccessible to the victim using public key cryptography. Only the attacker can then decrypt the symmetric key needed to restore the files.[12]

The symmetric key is randomly generated and will not assist other victims. At no point is the attacker’s private key exposed to victims and the victim need only send a very small ciphertext (the encrypted symmetric-cipher key) to the attacker.

Ransomware attacks are typically carried out using a Trojan, entering a system through, for example, a downloaded file or a vulnerability in a network service. The program then runs a payload, which locks the system in some fashion, or claims to lock the system but does not (e.g., a scareware program). Payloads may display a fake warning purportedly by an entity such as a law enforcement agency, falsely claiming that the system has been used for illegal activities, contains content such as pornography and “pirated” media.[13][14][15]

Some payloads consist simply of an application designed to lock or restrict the system until payment is made, typically by setting the Windows Shell to itself,[16] or even modifying the master boot record and/or partition table to prevent the operating system from booting until it is repaired.[17] The most sophisticated payloads encrypt files, with many using strong encryption to encrypt the victim’s files in such a way that only the malware author has the needed decryption key.[12][18][19]

Payment is virtually always the goal, and the victim is coerced into paying for the ransomware to be removed—which may or may not actually occur—either by supplying a program that can decrypt the files, or by sending an unlock code that undoes the payload’s changes. A key element in making ransomware work for the attacker is a convenient payment system that is hard to trace. A range of such payment methods have been used, including wire transfers, premium-rate text messages,[20] pre-paid voucher services such as Paysafecard,[6][21][22] and the digital currency Bitcoin.[23][24][25] A 2016 census commissioned by Citrix revealed that larger business are holding bitcoin as contingency plans.[26]

History

Encrypting ransomware

The first known malware extortion attack, the “AIDS Trojan” written by Joseph Popp in 1989, had a design failure so severe it was not necessary to pay the extortionist at all. Its payload hid the files on the hard drive and encrypted only their names, and displayed a message claiming that the user’s license to use a certain piece of software had expired. The user was asked to pay US$189 to “PC Cyborg Corporation” in order to obtain a repair tool even though the decryption key could be extracted from the code of the Trojan. The Trojan was also known as “PC Cyborg”. Popp was declared mentally unfit to stand trial for his actions, but he promised to donate the profits from the malware to fund AIDS research.[27]

The notion of using public key cryptography for ransom attacks was introduced in 1996 by Adam L. Young and Moti Yung. Young and Yung critiqued the failed AIDS Information Trojan that relied on symmetric cryptography alone, the fatal flaw being that the decryption key could be extracted from the Trojan, and implemented an experimental proof-of-concept cryptovirus on a Macintosh SE/30 that used RSA and the Tiny Encryption Algorithm (TEA) to hybrid encrypt the victim’s data. Since public key crypto is used, the cryptovirus only contains the encryption key. The attacker keeps the corresponding private decryption key private. Young and Yung’s original experimental cryptovirus had the victim send the asymmetric ciphertext to the attacker who deciphers it and returns the symmetric decryption key it contains to the victim for a fee. Long before electronic money existed Young and Yung proposed that electronic money could be extorted through encryption as well, stating that “the virus writer can effectively hold all of the money ransom until half of it is given to him. Even if the e-money was previously encrypted by the user, it is of no use to the user if it gets encrypted by a cryptovirus”.[12] They referred to these attacks as being “cryptoviral extortion”, an overt attack that is part of a larger class of attacks in a field called cryptovirology, which encompasses both overt and covert attacks.[12]

Examples of extortionate ransomware became prominent in May 2005.[28] By mid-2006, Trojans such as Gpcode, TROJ.RANSOM.A, Archiveus, Krotten, Cryzip, and MayArchive began utilizing more sophisticated RSA encryption schemes, with ever-increasing key-sizes. Gpcode.AG, which was detected in June 2006, was encrypted with a 660-bit RSA public key.[29] In June 2008, a variant known as Gpcode.AK was detected. Using a 1024-bit RSA key, it was believed large enough to be computationally infeasible to break without a concerted distributed effort.[30][31][32][33]

Encrypting ransomware returned to prominence in late 2013 with the propagation of CryptoLocker—using the Bitcoin digital currency platform to collect ransom money. In December 2013, ZDNet estimated based on Bitcoin transaction information that between 15 October and 18 December, the operators of CryptoLocker had procured about US$27 million from infected users.[34] The CryptoLocker technique was widely copied in the months following, including CryptoLocker 2.0 (though not to be related to CryptoLocker), CryptoDefense (which initially contained a major design flaw that stored the private key on the infected system in a user-retrievable location, due to its use of Windows’ built-in encryption APIs),[24][35][36][37] and the August 2014 discovery of a Trojan specifically targeting network-attached storage devices produced by Synology.[38] In January 2015, it was reported that ransomware-styled attacks have occurred against individual websites via hacking, and through ransomware designed to target Linux-based web servers.[39][40][41]

Some ransomware strains have used proxies tied to Tor hidden services to connect to their command and control servers, increasing the difficulty of tracing the exact location of the criminals.[42][43] Furthermore, dark web vendors have increasingly started to offer the technology as a service.[43][44][45]

Symantec has classified ransomware to be the most dangerous cyber threat.[46]

Non-encrypting ransomware

In August 2010, Russian authorities arrested nine individuals connected to a ransomware Trojan known as WinLock. Unlike the previous Gpcode Trojan, WinLock did not use encryption. Instead, WinLock trivially restricted access to the system by displaying pornographic images, and asked users to send a premium-rate SMS (costing around US$10) to receive a code that could be used to unlock their machines. The scam hit numerous users across Russia and neighboring countries—reportedly earning the group over US$16 million.[15][47]

In 2011, a ransomware Trojan surfaced that imitated the Windows Product Activation notice, and informed users that a system’s Windows installation had to be re-activated due to “[being a] victim of fraud”. An online activation option was offered (like the actual Windows activation process), but was unavailable, requiring the user to call one of six international numbers to input a 6-digit code. While the malware claimed that this call would be free, it was routed through a rogue operator in a country with high international phone rates, who placed the call on hold, causing the user to incur large international long distance charges.[13]

In February 2013, a ransomware Trojan based on the Stamp.EK exploit kit surfaced; the malware was distributed via sites hosted on the project hosting services SourceForge and GitHub that claimed to offer “fake nude pics” of celebrities.[48] In July 2013, an OS X-specific ransomware Trojan surfaced, which displays a web page that accuses the user of downloading pornography. Unlike its Windows-based counterparts, it does not block the entire computer, but simply exploits the behavior of the web browser itself to frustrate attempts to close the page through normal means.[49]

In July 2013, a 21-year-old man from Virginia, whose computer coincidentally did contain pornographic photographs of underaged girls with whom he had conducted sexualized communications, turned himself in to police after receiving and being deceived by ransomware purporting to be an FBI message accusing him of possessing child pornography. An investigation discovered the incriminating files, and the man was charged with child sexual abuse and possession of child pornography.[50]

Leakware (also called Doxware)

The converse of ransomware is a cryptovirology attack that threatens to publish stolen information from the victim’s computer system rather than deny the victim access to it.[51] In a leakware attack, malware exfiltrates sensitive host data either to the attacker or alternatively, to remote instances of the malware, and the attacker threatens to publish the victim’s data unless a ransom is paid. The attack was presented at West Point in 2003 and was summarized in the book Malicious Cryptography as follows, “The attack differs from the extortion attack in the following way. In the extortion attack, the victim is denied access to its own valuable information and has to pay to get it back, where in the attack that is presented here the victim retains access to the information but its disclosure is at the discretion of the computer virus”.[52] The attack is rooted in game theory and was originally dubbed “non-zero sum games and survivable malware”. The attack can yield monetary gain in cases where the malware acquires access to information that may damage the victim user or organization, e.g., reputational damage that could result from publishing proof that the attack itself was a success.

Mobile ransomware

With the increased popularity of ransomware on PC platforms, ransomware targeting mobile operating systems have also proliferated. Typically, mobile ransomware payloads are blockers, as there is little incentive to encrypt data since it can be easily restored via online synchronization.[53] Mobile ransomware typically targets the Android platform, as it allows applications to be installed from third-party sources.[53][54] The payload is typically distributed as an APK file installed by an unsuspecting user; it may attempt to display a blocking message over top of all other applications,[54] while another used a form of clickjacking to cause the user to give it “device administrator” privileges to achieve deeper access to the system.[55]

Different tactics have been used on iOS devices, such as exploiting iCloud accounts and using the Find My iPhone system to lock access to the device.[56] On iOS 10.3, Apple patched a bug in the handling of JavaScript pop-up windows in Safari that had been exploited by ransomware websites.[57]

Notable examples

Reveton

A Reveton payload, fraudulently claiming that the user must pay a fine to the Metropolitan Police Service

In 2012, a major ransomware Trojan known as Reveton began to spread. Based on the Citadel Trojan (which itself, is based on the Zeus Trojan), its payload displays a warning purportedly from a law enforcement agency claiming that the computer has been used for illegal activities, such as downloading unlicensed software or child pornography. Due to this behaviour, it is commonly referred to as the “Police Trojan”.[58][59][60] The warning informs the user that to unlock their system, they would have to pay a fine using a voucher from an anonymous prepaid cash service such as Ukash or Paysafecard. To increase the illusion that the computer is being tracked by law enforcement, the screen also displays the computer’s IP address, while some versions display footage from a victim’s webcam to give the illusion that the user is being recorded.[6][61]

Reveton initially began spreading in various European countries in early 2012.[6] Variants were localized with templates branded with the logos of different law enforcement organizations based on the user’s country; for example, variants used in the United Kingdom contained the branding of organizations such as the Metropolitan Police Service and the Police National E-Crime Unit. Another version contained the logo of the royalty collection society PRS for Music, which specifically accused the user of illegally downloading music.[62] In a statement warning the public about the malware, the Metropolitan Police clarified that they would never lock a computer in such a way as part of an investigation.[6][14]

In May 2012, Trend Micro threat researchers discovered templates for variations for the United States and Canada, suggesting that its authors may have been planning to target users in North America.[63] By August 2012, a new variant of Reveton began to spread in the United States, claiming to require the payment of a $200 fine to the FBI using a MoneyPak card.[7][8][61]In February 2013, a Russian citizen was arrested in Dubai by Spanish authorities for his connection to a crime ring that had been using Reveton; ten other individuals were arrested on money laundering charges.[64] In August 2014, Avast Software reported that it had found new variants of Reveton that also distribute password stealing malware as part of its payload.[65]

CryptoLocker

Encrypting ransomware reappeared in September 2013 with a Trojan known as CryptoLocker, which generated a 2048-bit RSA key pair and uploaded in turn to a command-and-control server, and used to encrypt files using a whitelist of specific file extensions. The malware threatened to delete the private key if a payment of Bitcoin or a pre-paid cash voucher was not made within 3 days of the infection. Due to the extremely large key size it uses, analysts and those affected by the Trojan considered CryptoLocker extremely difficult to repair.[23][66][67][68]Even after the deadline passed, the private key could still be obtained using an online tool, but the price would increase to 10 BTC—which cost approximately US$2300 as of November 2013.[69][70]

CryptoLocker was isolated by the seizure of the Gameover ZeuS botnet as part of Operation Tovar, as officially announced by the U.S. Department of Justice on 2 June 2014. The Department of Justice also publicly issued an indictment against the Russian hacker Evgeniy Bogachev for his alleged involvement in the botnet.[71][72] It was estimated that at least US$3 million was extorted with the malware before the shutdown.[10]

CryptoLocker.F and TorrentLocker

In September 2014, a wave of ransomware Trojans surfaced that first targeted users in Australia, under the names CryptoWall and CryptoLocker (which is, as with CryptoLocker 2.0, unrelated to the original CryptoLocker). The Trojans spread via fraudulent e-mails claiming to be failed parcel delivery notices from Australia Post; to evade detection by automatic e-mail scanners that follow all links on a page to scan for malware, this variant was designed to require users to visit a web page and enter a CAPTCHA code before the payload is actually downloaded, preventing such automated processes from being able to scan the payload. Symantec determined that these new variants, which it identified as CryptoLocker.F, were again, unrelated to the original CryptoLocker due to differences in their operation.[73][74] A notable victim of the Trojans was the Australian Broadcasting Corporation; live programming on its television news channel ABC News 24 was disrupted for half an hour and shifted to Melbourne studios due to a CryptoWall infection on computers at its Sydney studio.[75][76][77]

Another Trojan in this wave, TorrentLocker, initially contained a design flaw comparable to CryptoDefense; it used the same keystream for every infected computer, making the encryption trivial to overcome. However, this flaw was later fixed.[35] By late-November 2014, it was estimated that over 9,000 users had been infected by TorrentLocker in Australia alone, trailing only Turkey with 11,700 infections.[78]

CryptoWall

Another major ransomware Trojan targeting Windows, CryptoWall, first appeared in 2014. One strain of CryptoWall was distributed as part of a malvertising campaign on the Zedo ad network in late-September 2014 that targeted several major websites; the ads redirected to rogue websites that used browser plugin exploits to download the payload. A Barracuda Networks researcher also noted that the payload was signed with a digital signature in an effort to appear trustworthy to security software.[79] CryptoWall 3.0 used a payload written in JavaScript as part of an email attachment, which downloads executables disguised as JPG images. To further evade detection, the malware creates new instances of explorer.exe and svchost.exe to communicate with its servers. When encrypting files, the malware also deletes volume shadow copies, and installs spyware that steals passwords and Bitcoin wallets.[80]

The FBI reported in June 2015 that nearly 1,000 victims had contacted the bureau’s Internet Crime Complaint Center to report CryptoWall infections, and estimated losses of at least $18 million.[11]

The most recent version, CryptoWall 4.0, enhanced its code to avoid antivirus detection, and encrypts not only the data in files but also the file names.[81]

Fusob

Fusob is one of the major mobile ransomware families. Between April 2015 and March 2016, about 56 percent of accounted mobile ransomwares was Fusob.[82]

Like a typical mobile ransomware, it employs scare tactics to extort people to pay a ransom.[83] The program pretends to be an accusatory authority, demanding the victim to pay a fine from $100 to $200 USD or otherwise face a fictitious charge. Rather surprisingly, Fusob suggests using iTunes gift cards for payment. Also, a timer clicking down on the screen adds to the users’ anxiety as well.

In order to infect devices, Fusob masquerades as a pornographic video player. Thus, victims, thinking it is harmless, unwittingly download Fusob.[84]

When Fusob is installed, it first checks the language used in the device. If it uses Russian or certain Eastern European languages, Fusob does nothing. Otherwise, it proceeds on to lock the device and demand ransom. Among victims, about 40% of them are in Germany with the United Kingdom and the United States following with 14.5% and 11.4% respectively.

Fusob has lots in common with Small, which is another major family of mobile ransomware. They represented over 93% of mobile ransomwares between 2015 and 2016.

WannaCry

In May 2017, the WannaCry ransomware attack spread though the Internet, using an exploit vector that Microsoft had issued a “Critical” patch for (MS17-010) two months before on March 14, 2017. The ransomware attack infected over 75,000 users in over 99 countries, using 20 different languages to demand money from users. The attack affected Telefónica and several other large companies in Spain, as well as parts of the British National Health Service (NHS),[85] FedEx, Deutsche Bahn, as well as the Russian Interior Ministry and Russian telecom MegaFon.[86]

Mitigation

As with other forms of malware, security software might not detect a ransomware payload, or, especially in the case of encrypting payloads, only after encryption is under way or complete, particularly if a new version unknown to the protective software is distributed.[87] If an attack is suspected or detected in its early stages, it takes some time for encryption to take place; immediate removal of the malware (a relatively simple process) before it has completed would stop further damage to data, without salvaging any already lost.[88][89]

Alternately, new categories of security software, specifically deception technology, can detect ransomware without using a signature-based approach. Deception technology utilizes fake SMB shares which surround real IT assets. These fake SMB data shares deceive ransomware, tie the ransomware up encrypting these false SMB data shares, alert and notify cyber security teams which can then shut down the attack and return the organization to normal operations. There are multiple vendors[90] that support this capability with multiple announcements in 2016.[91]

Security experts have suggested precautionary measures for dealing with ransomware. Using software or other security policies to block known payloads from launching will help to prevent infection, but will not protect against all attacks. Keeping “offline” backups of data stored in locations inaccessible to the infected computer, such as external storage drives, prevents them from being accessed by the ransomware, thus accelerating data restoration.[23][92]

There are a number of tools intended specifically to decrypt files locked by ransomware, although successful recovery may not be possible.[2][93] If the same encryption key is used for all files, decryption tools use files for which there are both uncorrupted backups (plaintext in the jargon of cryptanalysis) and encrypted copies; recovery of the key, if it is possible, may take several days.[94]

See also

References

WannaCry ransomware attack

From Wikipedia, the free encyclopedia
WannaCry ransomware attack
Wana Decrypt0r screenshot.png

Screenshot of the ransom note left on an infected system
Date 12 May 2017 (ongoing)
Location Worldwide
Also known as WannaCrypt, WanaCrypt0r
Type Cyber-attack
Theme Ransomware encrypting hard disk with $300 demand
Cause EternalBlue exploit
Participants Unknown
Outcome More than 230,000 computers infected[1]

WannaCry, also known by the names WannaCrypt,[2] WanaCrypt0r 2.0,[3] Wanna Decryptor[4] and other similar names, is a ransomware program targeting Microsoft Windows. In May 2017, a large cyber-attack using it was launched, infecting over 230,000 computers in 99 countries, demanding ransom payments in bitcoin in 28 languages. The attack has been described by Europol as unprecedented in scale.[5]

The attack affected Telefónica and several other large companies in Spain, as well as parts of Britain’s National Health Service (NHS),[6] FedEx and Deutsche Bahn.[7][8][9] Other targets in at least 99 countries were also reported to have been attacked around the same time.[10][11]

WannaCry is believed to use the EternalBlue exploit, which was developed by the U.S. National Security Agency[12][13] to attack computers running Microsoft Windows operating systems.[3][14] Although a patch to remove the underlying vulnerability had been issued on 14 March 2017,[15] delays in applying security updates left some users and organisations vulnerable.[16] Microsoft has taken the unusual step of releasing updates for the unsupported Windows XP and Windows Server 2003 and patches for Windows 8 operating systems.[2][17]

A kill switch has been found in the code, which prevents new infections. This has been activated by researchers and should slow or stop the spread. However, different versions of the attack may be released and all vulnerable systems still have an urgent need to be patched.

Background

The purported infection vector, EternalBlue, was released by the hacker group The Shadow Brokers on 14 April 2017,[18][19] along with other tools apparently leaked from Equation Group, which is believed to be part of the United States National Security Agency.[20][21]

EternalBlue exploits vulnerability MS17-010[15] in Microsoft‘s implementation of the Server Message Block (SMB) protocol. Microsoft had released a “Critical” advisory, along with an update patch to plug the vulnerability a month before, on 14 March 2017.[15] This patch only fixed Windows Vista and later operating systems but not the older Windows XP.

Countries initially affected[22]

On 12 May 2017, WannaCry began affecting computers worldwide.[23] After gaining access to the computers, via local area network (LAN), an email attachment, or drive-by download, the ransomware encrypts the computer’s hard disk drive,[24][25] then attempts to exploit the SMB vulnerability to spread to random computers on the Internet,[26] and “laterally” between computers on the same LAN.[27] As with other modern ransomware, the payload displays a message informing the user that files have been encrypted, and demands a payment of $300 in bitcoin within three days.

The Windows vulnerability is not a zero-day flaw, but one for which Microsoft had made available a security patch on 14 March 2017,[15] nearly two months before the attack. The patch was to the Server Message Block (SMB) protocol used by Windows.[28] Organizations that lacked this security patch were affected for this reason, although there is so far no evidence that any were specifically targeted by the ransomware developers.[28] Any organization still running the older Windows XP[29] were at particularly high risk because until 13 May,[2] no security patches had been released since April 2014.[30] Following the attack, Microsoft released a security patch for Windows XP.[2]

According to Wired, affected systems will also have had the DOUBLEPULSAR backdoor installed; this will also need to be removed when systems are cleaned up.[31]

Impact

The ransomware campaign was unprecedented in scale according to Europol.[5] The attack affected many NHS hospitals in the UK.[32] On 12 May, some NHS services had to turn away non-critical emergencies, and some ambulances were diverted.[7][33] In 2016, thousands of computers in 42 separate NHS trusts in England were reported to be still running Windows XP.[29]Nissan Motor Manufacturing UK in Tyne and Wear, one of Europe‘s most productive car manufacturing plants, halted production after the ransomware infected some of their systems. Renault also stopped production at several sites in an attempt to stop the spread of the ransomware.[34][35]

List of affected organizations

Response

Several hours after the initial release of the ransomware on 12 May 2017, a “kill switch” hardcoded into the malware was discovered. This allowed the spread of the initial infection to be halted by registering a domain name.[52] However, the kill switch appears to be a coding mistake on the part of the criminals, and variants without the kill switch are expected to be created.[53][54]

Reactions

Upon learning about the impact on the NHS, Edward Snowden said that if the NSA “had privately disclosed the flaw used to attack hospitals when they found it, not when they lost it, [the attack] may not have happened”.[55]

British Prime Minister Theresa May said of the ransomware, “This is not targeted at the NHS. It is an international attack. A number of countries and organizations have been affected.”[56]

Microsoft has created security patches for its now-unsupported versions of Windows, including Windows XP, Windows 8 and Windows Server 2003.[57]

See also

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The Pronk Pops Show Podcasts

Pronk Pops Show 892,  May 12, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 891,  May 11, 2017

Pronk Pops Show 890,  May 10, 2017

Pronk Pops Show 889,  May 9, 2017

Pronk Pops Show 888,  May 8, 2017

Pronk Pops Show 887,  May 5, 2017

Pronk Pops Show 886,  May 4, 2017

Pronk Pops Show 885,  May 3, 2017

Pronk Pops Show 884,  May 1, 2017

Pronk Pops Show 883 April 28, 2017

Pronk Pops Show 882: April 27, 2017

Pronk Pops Show 881: April 26, 2017

Pronk Pops Show 880: April 25, 2017

Pronk Pops Show 879: April 24, 2017

Pronk Pops Show 878: April 21, 2017

Pronk Pops Show 877: April 20, 2017

Pronk Pops Show 876: April 19, 2017

Pronk Pops Show 875: April 18, 2017

Pronk Pops Show 874: April 17, 2017

Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

Pronk Pops Show 867: April 5, 2017

Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

Pronk Pops Show 864: March 30, 2017

Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

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Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

 

Story 1: Lester _______ (Bolt, Colt, Dolt, Holt, Jolt, Volt) Interviews President Donald J. Trump — The Real Scandal Is Obama Surveillance and Spying On Trump and Associates Using The Intelligent Community (CIA, NSA, FBI, …) Product!  —  Videos — 

 

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United States Intelligence Community

From Wikipedia, the free encyclopedia
United States Intelligence Community
United States Intelligence Community Seal.svg

Seal of the United States Intelligence Community
Agency overview
Formed December 4, 1981
Agency executive

The United States Intelligence Community (IC)[1] is a federation of 16 separate United States government agencies that work separately and together to conduct intelligence activities considered necessary for the conduct of foreign relations and national security of the United States. Member organizations of the IC include intelligence agencies, military intelligence, and civilian intelligence and analysis offices within federal executive departments. The IC is headed by the Director of National Intelligence (DNI), who reports to the President of the United States.

Among their varied responsibilities, the members of the Community collect and produce foreign and domestic intelligence, contribute to military planning, and perform espionage. The IC was established by Executive Order 12333, signed on December 4, 1981, by U.S. PresidentRonald Reagan.[2]

The Washington Post reported in 2010 that there were 1,271 government organizations and 1,931 private companies in 10,000 locations in the United States that are working on counterterrorism, homeland security, and intelligence, and that the intelligence community as a whole includes 854,000 people holding top-secret clearances.[3] According to a 2008 study by the Office of the Director of National Intelligence, private contractors make up 29% of the workforce in the U.S. intelligence community and account for 49% of their personnel budgets.[4]

Etymology

The term “Intelligence Community” was first used during Lt. Gen. Walter Bedell Smith‘s tenure as Director of Central Intelligence (1950–1953).[5]

History

Intelligence is information that agencies collect, analyze, and distribute in response to government leaders’ questions and requirements. Intelligence is a broad term that entails:

Collection, analysis, and production of sensitive information to support national security leaders, including policymakers, military commanders, and Members of Congress. Safeguarding these processes and this information through counterintelligence activities. Execution of covert operations approved by the President. The IC strives to provide valuable insight on important issues by gathering raw intelligence, analyzing that data in context, and producing timely and relevant products for customers at all levels of national security—from the war-fighter on the ground to the President in Washington.[6]

Executive Order 12333 charged the IC with six primary objectives:[7]

  • Collection of information needed by the President, the National Security Council, the Secretary of State, the Secretary of Defense, and other executive branch officials for the performance of their duties and responsibilities;
  • Production and dissemination of intelligence;
  • Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the U.S., international terrorist and/or narcotics activities, and other hostile activities directed against the U.S. by foreign powers, organizations, persons and their agents;
  • Special activities (defined as activities conducted in support of U.S. foreign policy objectives abroad which are planned and executed so that the “role of the United States Government is not apparent or acknowledged publicly”, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions);
  • Administrative and support activities within the United States and abroad necessary for the performance of authorized activities and
  • Such other intelligence activities as the President may direct from time to time.

Organization

Members

The IC is headed by the Director of National Intelligence (DNI), whose statutory leadership is exercised through the Office of the Director of National Intelligence (ODNI). The 16 members of the IC are:[8]

The official seals of U.S. Intelligence Community members.

Agency/Office Parent Agency Federal Department Date est.
Defense Intelligence Agency none Defense 1961
National Geospatial-Intelligence Agency none Defense 1996
National Reconnaissance Office none Defense 1961
National Security Agency none Defense 1952
Military Intelligence Corps United States Army Defense 1863
Office of Naval Intelligence United States Navy Defense 1882
Twenty-Fifth Air Force United States Air Force Defense 1948
Marine Corps Intelligence United States Marine Corps Defense 1939
Coast Guard Intelligence United States Coast Guard Homeland Security 1915
Office of Intelligence and Analysis none Homeland Security 2007
Central Intelligence Agency none Independent agency 1947
Bureau of Intelligence and Research none State 1945
Office of Terrorism and Financial Intelligence none Treasury 2004
Office of National Security Intelligence Drug Enforcement Administration Justice 2006
Intelligence Branch Federal Bureau of Investigation Justice 2005
Office of Intelligence and Counterintelligence none Energy 1977

Programs

The IC performs under two separate programs:

  • The National Intelligence Program (NIP), formerly known as the National Foreign Intelligence Program as defined by the National Security Act of 1947 (as amended), “refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence (DNI) and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces”. Under the law, the DNI is responsible for directing and overseeing the NIP, though the ability to do so is limited (see the Organization structure and leadership section).
  • The Military Intelligence Program (MIP) refers to the programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. The MIP is directed and controlled by the Under Secretary of Defense for Intelligence. In 2005 the Department of Defense combined the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities program to form the MIP.

Since the definitions of the NIP and MIP overlap when they address military intelligence, assignment of intelligence activities to the NIP and MIP sometimes proves problematic.

Organizational structure and leadership

IC Circle.jpg

The overall organization of the IC is primarily governed by the National Security Act of 1947 (as amended) and Executive Order12333. The statutory organizational relationships were substantially revised with the 2004 Intelligence Reform and Terrorism Prevention Act (IRTPA) amendments to the 1947 National Security Act.

Though the IC characterizes itself as a federation of its member elements, its overall structure is better characterized as a confederation due to its lack of a well-defined, unified leadership and governance structure. Prior to 2004, the Director of Central Intelligence (DCI) was the head of the IC, in addition to being the director of the CIA. A major criticism of this arrangement was that the DCI had little or no actual authority over the budgetary authorities of the other IC agencies and therefore had limited influence over their operations.

Following the passage of IRTPA in 2004, the head of the IC is the Director of National Intelligence (DNI). The DNI exerts leadership of the IC primarily through statutory authorities under which he or she:

  • controls the “National Intelligence Program” budget;
  • establishes objectives, priorities, and guidance for the IC; and
  • manages and directs the tasking of, collection, analysis, production, and dissemination of national intelligence by elements of the IC.

However, the DNI has no authority to direct and control any element of the IC except his own staff—the Office of the DNI—neither does the DNI have the authority to hire or fire personnel in the IC except those on his own staff. The member elements in the executive branch are directed and controlled by their respective department heads, all cabinet-level officials reporting to the President. By law, only the Director of the Central Intelligence Agency reports to the DNI.

In light of major intelligence failures in recent years that called into question how well Intelligence Community ensures U.S. national security, particularly those identified by the 9/11 Commission (National Commission on Terrorist Attacks Upon the United States), and the “WMD Commission” (Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction), the authorities and powers of the DNI and the overall organizational structure of the IC have become subject of intense debate in the United States.

Interagency cooperation

Previously, interagency cooperation and the flow of information among the member agencies was hindered by policies that sought to limit the pooling of information out of privacy and security concerns. Attempts to modernize and facilitate interagency cooperation within the IC include technological, structural, procedural, and cultural dimensions. Examples include the Intellipediawiki of encyclopedic security-related information; the creation of the Office of the Director of National Intelligence, National Intelligence Centers, Program Manager Information Sharing Environment, and Information Sharing Council; legal and policy frameworks set by the Intelligence Reform and Terrorism Prevention Act of 2004, information sharing Executive Orders 13354 and Executive Order 13388, and the 2005 National Intelligence Strategy.

Budget

Data visualization of U.S. intelligence black budget (2013)

The U.S. intelligence budget (excluding the Military Intelligence Program) in fiscal year 2013 was appropriated as $52.7 billion, and reduced by the amount sequestered to $49.0 billion.[9] In fiscal year2012 it peaked at $53.9 billion, according to a disclosure required under a recent law implementing recommendations of the 9/11 Commission.[10]The 2012 figure was up from $53.1 billion in 2010,[11] $49.8 billion in 2009,[12] $47.5 billion in 2008,[13] $43.5 billion in 2007,[14] and $40.9 billion in 2006.[15]

About 70 percent of the intelligence budget went to contractors for the procurement of technology and services (including analysis), according to the May 2007 chart from the ODNI. Intelligence spending has increased by a third over ten years ago, in inflation-adjusted dollars, according to the Center for Strategic and Budgetary Assessments.[citation needed]

In a statement on the release of newdeclassified figures, DNI Mike McConnell said[when?] there would be no additional disclosures of classified budget information beyond the overall spending figure because “such disclosures could harm national security”. How the money is divided among the 16 intelligence agencies and what it is spent on is classified. It includes salaries for about 100,000 people, multibillion-dollar satellite programs, aircraft, weapons, electronic sensors, intelligence analysis, spies, computers, and software.

On August 29, 2013 the Washington Post published the summary of the Office of the Director of National Intelligence’s multivolume FY 2013 Congressional Budget Justification, the U.S. intelligence community’s top-secret “black budget.”[16][17][18] The IC’s FY 2013 budget details, how the 16 spy agencies use the money and how it performs against the goals set by the president and Congress. Experts said that access to such details about U.S. spy programs is without precedent. Steven Aftergood, Federation of American Scientists, which provides analyses of national security issues stated that “It was a titanic struggle just to get the top-line budget number disclosed, and that has only been done consistently since 2007 … but a real grasp of the structure and operations of the intelligence bureaucracy has been totally beyond public reach. This kind of material, even on a historical basis, has simply not been available.”[19] Access to budget details will enable an informed public debate on intelligence spending for the first time said the co-chair of the 9/11 Commission Lee H. Hamilton. He added that Americans should not be excluded from the budget process because the intelligence community has a profound impact on the life of ordinary Americans.[19]

Oversight

Intelligence Community Oversight duties are distributed to both the Executive and Legislative branches. Primary Executive oversight is performed by the President’s Foreign Intelligence Advisory Board, the Joint Intelligence Community Council, the Office of the Inspector General, and the Office of Management and Budget. Primary congressional oversight jurisdiction over the IC is assigned to two committees: the United States House Permanent Select Committee on Intelligence and the United States Senate Select Committee on Intelligence. The House Armed Services Committee and Senate Armed Services Committee draft bills to annually authorize the budgets of DoD intelligence activities, and both the House and Senate appropriations committees annually draft bills to appropriate the budgets of the IC. The Senate Committee on Homeland Security and Governmental Affairs took a leading role in formulating the intelligence reform legislation in the 108th Congress.

See also

References

  1. Jump up^ Agrawal, Nina. “There’s more than the CIA and FBI: The 17 agencies that make up the U.S. intelligence community”. latimes.com. Retrieved 2017-01-30.
  2. Jump up^ “Executive Order 12333”. Cia.gov. Retrieved 2013-01-23.
  3. Jump up^ Dana Priest & William M Arkin (19 July 2010). “A hidden world, growing beyond control”. The Washington Post.
  4. Jump up^ Priest, Dana (2011). Top Secret America: The Rise of the New American Security State. Little, Brown and Company. p. 320. ISBN 0-316-18221-4.
  5. Jump up^ Michael Warner; Kenneth McDonald. “US Intelligence Community Reform Studies Since 1947” (PDF). CIA. p. 4. Retrieved 28 June 2013.
  6. Jump up^ Rosenbach, Eric & Aki J. Peritz (12 June 2009). “Confrontation or Collaboration? Congress and the Intelligence Community” (PDF). Belfer Center for Science and International Affairs, Harvard Kennedy School. Retrieved 21 July 2009.
  7. Jump up^ Executive Order 12333 text
  8. Jump up^ User, Super. “Members of the IC”.
  9. Jump up^ “DNI Releases Budget Figure for 2013 National Intelligence Program”. Office of the Director of National Intelligence. 30 October 2013. Retrieved 2 August 2014.
  10. Jump up^ DNI Releases FY 2012 Appropriated Budget Figure. Dni.gov (2012-10-30). Retrieved on 2013-08-16.
  11. Jump up^ “DNI Releases Budget Figure for 2010 National Intelligence Program”(PDF). Office of the Director of National Intelligence. 2010-10-28. Retrieved 15 June 2013.
  12. Jump up^ “DNI Releases Budget Figure for 2009 National Intelligence Program”(PDF). Retrieved 15 June 2013.
  13. Jump up^ “DNI Releases Budget Figure for 2008 National Intelligence Program”(PDF). Retrieved 15 June 2013.
  14. Jump up^ “DNI Releases Budget Figure for 2007 National Intelligence Program”(PDF). Retrieved 15 June 2013.
  15. Jump up^ Hacket, John F. (2010-10-28). “FY2006 National Intelligence Program Budget, 10-28-10” (PDF). Office of the Director of National Intelligence. Retrieved 15 June 2013.
  16. Jump up^ Matt DeLong (29 August 2013). “Inside the 2013 U.S. intelligence ‘black budget'”. The Washington Post. Retrieved 31 August 2013.
  17. Jump up^ Matthews, Dylan (29 August 2013). “America’s secret intelligence budget, in 11 (nay, 13) charts”. The Washington Post. Retrieved 31 August 2013.
  18. Jump up^ DeLong, Matt (29 August 2013). “2013 U.S. intelligence budget: Additional resources”. The Washington Post. Retrieved 31 August 2013.
  19. ^ Jump up to:a b Barton Gellman & Greg Miller (29 August 2013). “U.S. spy network’s successes, failures and objectives detailed in ‘black budget’ summary”. The Washington Post. Retrieved 31 August 2013.

Further reading

External links

https://en.wikipedia.org/wiki/United_States_Intelligence_Community

National Security Agency

From Wikipedia, the free encyclopedia
National Security Agency
Seal of the U.S. National Security Agency.svg

Seal of the National Security Agency
Flag of the U.S. National Security Agency.svg

Flag of the National Security Agency
National Security Agency headquarters, Fort Meade, Maryland.jpg
NSA Headquarters, Fort Meade, Maryland
Agency overview
Formed November 4, 1952; 64 years ago[1]
Preceding agency
  • Armed Forces Security Agency
Headquarters Fort Meade, Maryland, U.S.
39°6′32″N 76°46′17″WCoordinates: 39°6′32″N 76°46′17″W
Motto “Defending Our Nation. Securing The Future.”
Employees Classified (30,000–40,000 estimate)[2][3][4][5]
Annual budget Classified (estimated $10.8 billion, 2013)[6][7]
Agency executives
Parent agency United States Department of Defense
Website www.nsa.gov

The National Security Agency (NSA) is a military intelligence organization and a constituent of the United States Department of Defense (DOD). The NSA is responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes, a discipline known as signals intelligence (SIGINT). NSA is concurrently charged with protection of U.S. government communications and information systems against penetration and network warfare.[8][9] Although many of NSA’s programs rely on “passive” electronic collection, the agency is authorized to accomplish its mission through active clandestine means,[10] among which are physically bugging electronic systems[11] and allegedly engaging in sabotage through subversive software.[12][13] Moreover, NSA maintains physical presence in a large number of countries across the globe, where its Special Collection Service (SCS) inserts eavesdropping devices in difficult-to-reach places. SCS collection tactics allegedly encompass “close surveillance, burglary, wiretapping, breaking and entering.”[14][15]

Unlike the Defense Intelligence Agency (DIA) and the Central Intelligence Agency (CIA), both of which specialize primarily in foreign human espionage, NSA does not unilaterally conduct human-source intelligence gathering, despite often being portrayed so in popular culture. Instead, NSA is entrusted with assistance to and coordination of SIGINT elements at other government organizations, which are prevented by law from engaging in such activities without the approval of the NSA via the Defense Secretary.[16] As part of these streamlining responsibilities, the agency has a co-located organization called the Central Security Service (CSS), which was created to facilitate cooperation between NSA and other U.S. military cryptanalysis components. Additionally, the NSA Director simultaneously serves as the Commander of the United States Cyber Command and as Chief of the Central Security Service.

Originating as a unit to decipher coded communications in World War II, it was officially formed as the NSA by President Harry S. Truman in 1952. Since then, it has become one of the largest U.S. intelligence organizations in terms of personnel and budget,[6][17] operating as part of the Department of Defense and simultaneously reporting to the Director of National Intelligence.

NSA surveillance has been a matter of political controversy on several occasions, such as its spying on anti-Vietnam-war leaders or economic espionage. In 2013, the extent of some of the NSA’s secret surveillance programs was revealed to the public by Edward Snowden. According to the leaked documents, the NSA intercepts the communications of over a billion people worldwide, many of whom are United States citizens, and tracks the movement of hundreds of millions of people using cellphones. Internationally, research has pointed to the NSA’s ability to surveil the domestic Internet traffic of foreign countries through “boomerang routing”.[18]

Contents

 [show

History

Army predecessor

The origins of the National Security Agency can be traced back to April 28, 1917, three weeks after the U.S. Congress declared war on Germany in World War I. A code and cipher decryption unit was established as the Cable and Telegraph Section which was also known as the Cipher Bureau. It was headquartered in Washington, D.C. and was part of the war effort under the executive branch without direct Congressional authorization. During the course of the war it was relocated in the army’s organizational chart several times. On July 5, 1917, Herbert O. Yardley was assigned to head the unit. At that point, the unit consisted of Yardley and two civilian clerks. It absorbed the navy’s cryptoanalysis functions in July 1918. World War I ended on November 11, 1918, and MI-8 moved to New York City on May 20, 1919, where it continued intelligence activities as the Code Compilation Company under the direction of Yardley.[19][20]

Black Chamber

Western Union allowed MI-8 to monitor telegraphic communications passing through the company’s wires until 1929.[21]

MI-8 also operated the so-called “Black Chamber“.[22] The Black Chamber was located on East 37th Street in Manhattan. Its purpose was to crack the communications codes of foreign governments. Jointly supported by the State Department and the War Department, the chamber persuaded Western Union, the largest U.S. telegram company, to allow government officials to monitor private communications passing through the company’s wires.[23]

Other “Black Chambers” were also found in Europe. They were established by the French and British governments to read the letters of targeted individuals, employing a variety of techniques to surreptitiously open, copy, and reseal correspondence before forwarding it to unsuspecting recipients.[24]

Despite the American Black Chamber’s initial successes, it was shut down in 1929 by U.S. Secretary of State Henry L. Stimson, who defended his decision by stating: “Gentlemen do not read each other’s mail”.[21]

World War II and its aftermath

During World War II, the Signal Security Agency (SSA) was created to intercept and decipher the communications of the Axis powers.[25] When the war ended, the SSA was reorganized as the Army Security Agency (ASA), and it was placed under the leadership of the Director of Military Intelligence.[25]

On May 20, 1949, all cryptologic activities were centralized under a national organization called the Armed Forces Security Agency (AFSA).[25] This organization was originally established within the U.S. Department of Defense under the command of the Joint Chiefs of Staff.[26] The AFSA was tasked to direct Department of Defense communications and electronic intelligence activities, except those of U.S. military intelligence units.[26] However, the AFSA was unable to centralize communications intelligence and failed to coordinate with civilian agencies that shared its interests such as the Department of State, Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI).[26] In December 1951, President Harry S. Truman ordered a panel to investigate how AFSA had failed to achieve its goals. The results of the investigation led to improvements and its redesignation as the National Security Agency.[27]

The agency was formally established by Truman in a memorandum of October 24, 1952, that revised National Security Council Intelligence Directive (NSCID) 9.[28] Since President Truman’s memo was a classified document,[28] the existence of the NSA was not known to the public at that time. Due to its ultra-secrecy the U.S. intelligence community referred to the NSA as “No Such Agency”.[29]

Vietnam War

In the 1960s, the NSA played a key role in expanding America’s commitment to the Vietnam War by providing evidence of a North Vietnamese attack on the American destroyer USS Maddox during the Gulf of Tonkin incident.[30]

A secret operation, code-named “MINARET“, was set up by the NSA to monitor the phone communications of Senators Frank Church and Howard Baker, as well as major civil rights leaders, including Martin Luther King, Jr., and prominent U.S. journalists and athletes who criticized the Vietnam War.[31] However, the project turned out to be controversial, and an internal review by the NSA concluded that its Minaret program was “disreputable if not outright illegal”.[31]

The NSA mounted a major effort to secure tactical communications among U.S. forces during the war with mixed success. The NESTOR family of compatible secure voice systems it developed was widely deployed during the Vietnam War, with about 30,000 NESTOR sets produced. However a variety of technical and operational problems limited their use, allowing the North Vietnamese to exploit intercepted U.S. communications.[32] :Vol I, p.79

Church Committee hearings

In the aftermath of the Watergate scandal, a congressional hearing in 1975 led by Sen. Frank Church[33] revealed that the NSA, in collaboration with Britain’s SIGINT intelligence agency Government Communications Headquarters (GCHQ), had routinely intercepted the international communications of prominent anti-Vietnam war leaders such as Jane Fonda and Dr. Benjamin Spock.[34] Following the resignation of President Richard Nixon, there were several investigations of suspected misuse of FBI, CIA and NSA facilities.[35] Senator Frank Church uncovered previously unknown activity,[35] such as a CIA plot (ordered by the administration of President John F. Kennedy) to assassinate Fidel Castro.[36] The investigation also uncovered NSA’s wiretaps on targeted American citizens.[37]

After the Church Committee hearings, the Foreign Intelligence Surveillance Act of 1978 was passed into law. This was designed to limit the practice of mass surveillance in the United States.[35]

From 1980s to 1990s

In 1986, the NSA intercepted the communications of the Libyan government during the immediate aftermath of the Berlin discotheque bombing. The White House asserted that the NSA interception had provided “irrefutable” evidence that Libya was behind the bombing, which U.S. President Ronald Reagan cited as a justification for the 1986 United States bombing of Libya.[38][39]

In 1999, a multi-year investigation by the European Parliament highlighted the NSA’s role in economic espionage in a report entitled ‘Development of Surveillance Technology and Risk of Abuse of Economic Information’.[40] That year, the NSA founded the NSA Hall of Honor, a memorial at the National Cryptologic Museum in Fort Meade, Maryland.[41] The memorial is a, “tribute to the pioneers and heroes who have made significant and long-lasting contributions to American cryptology”.[41] NSA employees must be retired for more than fifteen years to qualify for the memorial.[41]

NSA’s infrastructure deteriorated in the 1990s as defense budget cuts resulted in maintenance deferrals. On January 24, 2000, NSA headquarters suffered a total network outage for three days caused by an overloaded network. Incoming traffic was successfully stored on agency servers, but it could not be directed and processed. The agency carried out emergency repairs at a cost of $3 million to get the system running again. (Some incoming traffic was also directed instead to Britain’s GCHQ for the time being.) Director Michael Hayden called the outage a “wake-up call” for the need to invest in the agency’s infrastructure.[42]

War on Terror

After Osama bin Laden moved to Afghanistan in the 1980s, the NSA recorded all of his phone calls via satellite, logging over 2,000 minutes of conversation[43]

In the aftermath of the September 11 attacks, the NSA created new IT systems to deal with the flood of information from new technologies like the Internet and cellphones. ThinThread contained advanced data mining capabilities. It also had a “privacy mechanism”; surveillance was stored encrypted; decryption required a warrant. The research done under this program may have contributed to the technology used in later systems. ThinThread was cancelled when Michael Hayden chose Trailblazer, which did not include ThinThread’s privacy system.[44]

Trailblazer Project ramped up in 2002 and was worked on by Science Applications International Corporation (SAIC), Boeing, Computer Sciences Corporation, IBM, and Litton Industries. Some NSA whistleblowers complained internally about major problems surrounding Trailblazer. This led to investigations by Congress and the NSA and DoD Inspectors General. The project was cancelled in early 2004.

Turbulence started in 2005. It was developed in small, inexpensive “test” pieces, rather than one grand plan like Trailblazer. It also included offensive cyber-warfare capabilities, like injecting malware into remote computers. Congress criticized Turbulence in 2007 for having similar bureaucratic problems as Trailblazer.[45] It was to be a realization of information processing at higher speeds in cyberspace.[46]

Global surveillance disclosures

The massive extent of the NSA’s spying, both foreign and domestic, was revealed to the public in a series of detailed disclosures of internal NSA documents beginning in June 2013. Most of the disclosures were leaked by former NSA contractor, Edward Snowden.

Scope of surveillance

It was revealed that the NSA intercepts telephone and Internet communications of over a billion people worldwide, seeking information on terrorism as well as foreign politics, economics[47] and “commercial secrets”.[48] In a declassified document it was revealed that 17,835 phone lines were on an improperly permitted “alert list” from 2006 to 2009 in breach of compliance, which tagged these phone lines for daily monitoring.[49][50][51] Eleven percent of these monitored phone lines met the agency’s legal standard for “reasonably articulable suspicion” (RAS).[49][52]

A dedicated unit of the NSA locates targets for the CIA for extrajudicial assassination in the Middle East.[53] The NSA has also spied extensively on the European Union, the United Nations and numerous governments including allies and trading partners in Europe, South America and Asia.[54][55]

The NSA tracks the locations of hundreds of millions of cellphones per day, allowing it to map people’s movements and relationships in detail.[56] It reportedly has access to all communications made via Google, Microsoft, Facebook, Yahoo, YouTube, AOL, Skype, Apple and Paltalk,[57] and collects hundreds of millions of contact lists from personal email and instant messaging accounts each year.[58] It has also managed to weaken much of the encryption used on the Internet (by collaborating with, coercing or otherwise infiltrating numerous technology companies), so that the majority of Internet privacy is now vulnerable to the NSA and other attackers.[59][60]

Domestically, the NSA collects and stores metadata records of phone calls,[61] including over 120 million US Verizon subscribers,[62] as well as Internet communications,[57] relying on a secret interpretation of the Patriot Act whereby the entirety of US communications may be considered “relevant” to a terrorism investigation if it is expected that even a tiny minority may relate to terrorism.[63] The NSA supplies foreign intercepts to the DEA, IRS and other law enforcement agencies, who use these to initiate criminal investigations. Federal agents are then instructed to “recreate” the investigative trail via parallel construction.[64]

The NSA also spies on influential Muslims to obtain information that could be used to discredit them, such as their use of pornography. The targets, both domestic and abroad, are not suspected of any crime but hold religious or political views deemed “radical” by the NSA.[65]

Although NSA’s surveillance activities are controversial, government agencies and private enterprises have common needs, and sometimes cooperate at subtle and complex technical levels. Big data is becoming more advantageous, justifying the cost of required computer hardware, and social media lead the trend. The interests of NSA and Silicon Valley began to converge as advances in computer storage technology drastically reduced the costs of storing enormous amounts of data and at the same time the value of the data for use in consumer marketing began to rise. On the other hand, social media sites are growing as voluntary data mining operations on a scale that rivals or exceeds anything the government could attempt on its own.[66]

According to a report in The Washington Post in July 2014, relying on information provided by Snowden, 90% of those placed under surveillance in the U.S. are ordinary Americans, and are not the intended targets. The newspaper said it had examined documents including emails, text messages, and online accounts that support the claim.[67]

Legal accountability

Despite President Obama’s claims that these programs have congressional oversight, members of Congress were unaware of the existence of these NSA programs or the secret interpretation of the Patriot Act, and have consistently been denied access to basic information about them.[68] Obama has also claimed that there are legal checks in place to prevent inappropriate access of data and that there have been no examples of abuse;[69] however, the secret FISC court charged with regulating the NSA’s activities is, according to its chief judge, incapable of investigating or verifying how often the NSA breaks even its own secret rules.[70] It has since been reported that the NSA violated its own rules on data access thousands of times a year, many of these violations involving large-scale data interceptions;[71] and that NSA officers have even used data intercepts to spy on love interests.[72] The NSA has “generally disregarded the special rules for disseminating United States person information” by illegally sharing its intercepts with other law enforcement agencies.[73] A March 2009 opinion of the FISC court, released by court order, states that protocols restricting data queries had been “so frequently and systemically violated that it can be fairly said that this critical element of the overall … regime has never functioned effectively.”[74][75] In 2011 the same court noted that the “volume and nature” of the NSA’s bulk foreign Internet intercepts was “fundamentally different from what the court had been led to believe”.[73] Email contact lists (including those of US citizens) are collected at numerous foreign locations to work around the illegality of doing so on US soil.[58]

Legal opinions on the NSA’s bulk collection program have differed. In mid-December 2013, U.S. District Court Judge Richard Leon ruled that the “almost-Orwellian” program likely violates the Constitution, and wrote, “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval. Surely, such a program infringes on ‘that degree of privacy’ that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.”[76]

Later that month, U.S. District Judge William Pauley ruled that the NSA’s collection of telephone records is legal and valuable in the fight against terrorism. In his opinion, he wrote, “a bulk telephony metadata collection program [is] a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data” and noted that a similar collection of data prior to 9/11 might have prevented the attack.[77]

An October 2014 United Nations report condemned mass surveillance by the United States and other countries as violating multiple international treaties and conventions that guarantee core privacy rights.[78]

Official responses

On March 20, 2013 the Director of National Intelligence, Lieutenant General James Clapper, testified before Congress that the NSA does not wittingly collect any kind of data on millions or hundreds of millions of Americans, but he retracted this in June after details of the PRISM program were published, and stated instead that meta-data of phone and Internet traffic are collected, but no actual message contents.[79] This was corroborated by the NSA Director, General Keith Alexander, before it was revealed that the XKeyscore program collects the contents of millions of emails from US citizens without warrant, as well as “nearly everything a user does on the Internet”. Alexander later admitted that “content” is collected, but stated that it is simply stored and never analyzed or searched unless there is “a nexus to al-Qaida or other terrorist groups”.[69]

Regarding the necessity of these NSA programs, Alexander stated on June 27 that the NSA’s bulk phone and Internet intercepts had been instrumental in preventing 54 terrorist “events”, including 13 in the US, and in all but one of these cases had provided the initial tip to “unravel the threat stream”.[80] On July 31 NSA Deputy Director John Inglis conceded to the Senate that these intercepts had not been vital in stopping any terrorist attacks, but were “close” to vital in identifying and convicting four San Diego men for sending US$8,930 to Al-Shabaab, a militia that conducts terrorism in Somalia.[81][82][83]

The U.S. government has aggressively sought to dismiss and challenge Fourth Amendment cases raised against it, and has granted retroactive immunity to ISPs and telecoms participating in domestic surveillance.[84][85] The U.S. military has acknowledged blocking access to parts of The Guardian website for thousands of defense personnel across the country,[86][87] and blocking the entire Guardian website for personnel stationed throughout Afghanistan, the Middle East, and South Asia.[88]

Organizational structure

Michael S. Rogers, the director of the NSA.

The NSA is led by the Director of the National Security Agency (DIRNSA), who also serves as Chief of the Central Security Service (CHCSS) and Commander of the United States Cyber Command (USCYBERCOM) and is the highest-ranking military official of these organizations. He is assisted by a Deputy Director, who is the highest-ranking civilian within the NSA/CSS.

NSA also has an Inspector General, head of the Office of the Inspector General (OIG), a General Counsel, head of the Office of the General Counsel (OGC) and a Director of Compliance, who is head of the Office of the Director of Compliance (ODOC).[89]

Unlike other intelligence organizations such as CIA or DIA, NSA has always been particularly reticent concerning its internal organizational structure.

As of the mid-1990s, the National Security Agency was organized into five Directorates:

  • The Operations Directorate, which was responsible for SIGINT collection and processing.
  • The Technology and Systems Directorate, which develops new technologies for SIGINT collection and processing.
  • The Information Systems Security Directorate, which was responsible for NSA’s communications and information security missions.
  • The Plans, Policy and Programs Directorate, which provided staff support and general direction for the Agency.
  • The Support Services Directorate, which provided logistical and administrative support activities.[90]

Each of these directorates consisted of several groups or elements, designated by a letter. There were for example the A Group, which was responsible for all SIGINT operations against the Soviet Union and Eastern Europe, and G Group, which was responsible for SIGINT related to all non-communist countries. These groups were divided in units designated by an additional number, like unit A5 for breaking Soviet codes, and G6, being the office for the Middle East, North Africa, Cuba, Central and South America.[91][92]

Structure

As of 2013, NSA has about a dozen directorates, which are designated by a letter, although not all of them are publicly known. The directorates are divided in divisions and units starting with the letter of the parent directorate, followed by a number for the division, the sub-unit or a sub-sub-unit.

The main elements of the organizational structure of the NSA are:[93]

  • F – Directorate only known from unit F6, the Special Collection Service (SCS), which is a joint program created by CIA and NSA in 1978 to facilitate clandestine activities such as bugging computers throughout the world, using the expertise of both agencies.[94]
  • G – Directorate only known from unit G112, the office that manages the Senior Span platform, attached to the U2 spy planes.[95]
  • I – Information Assurance Directorate (IAD), which ensures availability, integrity, authentication, confidentiality, and non-repudiation of national security and telecommunications and information systems (national security systems).
  • J – Directorate only known from unit J2, the Cryptologic Intelligence Unit
  • L – Installation and Logistics
  • M – Human Resources
  • Q – Security and Counterintelligence
  • R – Research Directorate, which conducts research on signals intelligence and on information assurance for the U.S. Government.[96]
  • S – Signals Intelligence Directorate (SID), which is responsible for the collection, analysis, production and dissemination of signals intelligence. This directorate is led by a director and a deputy director. The SID consists of the following divisions:
    • S1 – Customer Relations
    • S2 – Analysis and Production Centers, with the following so-called Product Lines:
      • S2A: South Asia, S2B: China and Korea, S2C: International Security, S2E: Middle East/Asia, S2F: International Crime, S2G: Counter-proliferation, S2H: Russia, S2I: Counter-terrorism, S2J: Weapons and Space, S2T: Current Threats
    • S3 – Data Acquisition, with these divisions for the main collection programs:
      • S31 – Cryptanalysis and Exploitation Services (CES)
      • S32 – Tailored Access Operations (TAO), which hacks into foreign computers to conduct cyber-espionage and reportedly is “the largest and arguably the most important component of the NSA’s huge Signal Intelligence (SIGINT) Directorate, consisting of over 1,000 military and civilian computer hackers, intelligence analysts, targeting specialists, computer hardware and software designers, and electrical engineers.”[97]
      • S33 – Global Access Operations (GAO), which is responsible for intercepts from satellites and other international SIGINT platforms.[98] A tool which details and maps the information collected by this unit is code-named Boundless Informant.
      • S34 – Collections Strategies and Requirements Center
      • S35 – Special Source Operations (SSO), which is responsible for domestic and compartmented collection programs, like for example the PRISM program.[98] Special Source Operations is also mentioned in connection to the FAIRVIEW collection program.[99]
  • T – Technical Directorate (TD)
  • Directorate for Education and Training
  • Directorate for Corporate Leadership
  • Foreign Affairs Directorate, which acts as liaison with foreign intelligence services, counter-intelligence centers and the UKUSA-partners.
  • Acquisitions and Procurement Directorate
  • Information Sharing Services (ISS), led by a chief and a deputy chief.[100]

In the year 2000, a leadership team was formed, consisting of the Director, the Deputy Director and the Directors of the Signals Intelligence (SID), the Information Assurance (IAD) and the Technical Directorate (TD). The chiefs of other main NSA divisions became associate directors of the senior leadership team.[101]

After president George W. Bush initiated the President’s Surveillance Program (PSP) in 2001, the NSA created a 24-hour Metadata Analysis Center (MAC), followed in 2004 by the Advanced Analysis Division (AAD), with the mission of analyzing content, Internet metadata and telephone metadata. Both units were part of the Signals Intelligence Directorate.[102]

A 2016 proposal would combine the Signals Intelligence Directorate with the Information Assurance Directorate into a Directorate of Operations.[103]

Watch centers

The NSA maintains at least two watch centers:

  • National Security Operations Center (NSOC), which is the NSA’s current operations center and focal point for time-sensitive SIGINT reporting for the United States SIGINT System (USSS). This center was established in 1968 as the National SIGINT Watch Center (NSWC) and renamed into National SIGINT Operations Center (NSOC) in 1973. This “nerve center of the NSA” got its current name in 1996.[104]
  • NSA/CSS Threat Operations Center (NTOC), which is the primary NSA/CSS partner for Department of Homeland Security response to cyber incidents. The NTOC establishes real-time network awareness and threat characterization capabilities to forecast, alert, and attribute malicious activity and enable the coordination of Computer Network Operations. The NTOC was established in 2004 as a joint Information Assurance and Signals Intelligence project.[105]

Employees

The number of NSA employees is officially classified[4] but there are several sources providing estimates. In 1961, NSA had 59,000 military and civilian employees, which grew to 93,067 in 1969, of which 19,300 worked at the headquarters at Fort Meade. In the early 1980s NSA had roughly 50,000 military and civilian personnel. By 1989 this number had grown again to 75,000, of which 25,000 worked at the NSA headquarters. Between 1990 and 1995 the NSA’s budget and workforce were cut by one third, which led to a substantial loss of experience.[106]

In 2012, the NSA said more than 30,000 employees worked at Fort Meade and other facilities.[2] In 2012, John C. Inglis, the deputy director, said that the total number of NSA employees is “somewhere between 37,000 and one billion” as a joke,[4] and stated that the agency is “probably the biggest employer of introverts.”[4] In 2013 Der Spiegel stated that the NSA had 40,000 employees.[5] More widely, it has been described as the world’s largest single employer of mathematicians.[107] Some NSA employees form part of the workforce of the National Reconnaissance Office (NRO), the agency that provides the NSA with satellite signals intelligence.

As of 2013 about 1,000 system administrators work for the NSA.[108]

Security issues

The NSA received criticism early on in 1960 after two agents had defected to the Soviet Union. Investigations by the House Un-American Activities Committee and a special subcommittee of the United States House Committee on Armed Services revealed severe cases of ignorance in personnel security regulations, prompting the former personnel director and the director of security to step down and leading to the adoption of stricter security practices.[109] Nonetheless, security breaches reoccurred only a year later when in an issue of Izvestia of July 23, 1963, a former NSA employee published several cryptologic secrets.

The very same day, an NSA clerk-messenger committed suicide as ongoing investigations disclosed that he had sold secret information to the Soviets on a regular basis. The reluctance of Congressional houses to look into these affairs had prompted a journalist to write, “If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired.” David Kahn criticized the NSA’s tactics of concealing its doings as smug and the Congress’ blind faith in the agency’s right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.[109]

Edward Snowden‘s leaking of the existence of PRISM in 2013 caused the NSA to institute a “two-man rule“, where two system administrators are required to be present when one accesses certain sensitive information.[108]Snowden claims he suggested such a rule in 2009.[110]

Polygraphing

Defense Security Service (DSS) polygraph brochure given to NSA applicants

The NSA conducts polygraph tests of employees. For new employees, the tests are meant to discover enemy spies who are applying to the NSA and to uncover any information that could make an applicant pliant to coercion.[111] As part of the latter, historically EPQs or “embarrassing personal questions” about sexual behavior had been included in the NSA polygraph.[111]The NSA also conducts five-year periodic reinvestigation polygraphs of employees, focusing on counterintelligence programs. In addition the NSA conducts periodic polygraph investigations in order to find spies and leakers; those who refuse to take them may receive “termination of employment”, according to a 1982 memorandum from the director of the NSA.[112]

File:NSApolygraphvideo.webm

NSA-produced video on the polygraph process

There are also “special access examination” polygraphs for employees who wish to work in highly sensitive areas, and those polygraphs cover counterintelligence questions and some questions about behavior.[112] NSA’s brochure states that the average test length is between two and four hours.[113] A 1983 report of the Office of Technology Assessment stated that “It appears that the NSA [National Security Agency] (and possibly CIA) use the polygraph not to determine deception or truthfulness per se, but as a technique of interrogation to encourage admissions.”[114] Sometimes applicants in the polygraph process confess to committing felonies such as murder, rape, and selling of illegal drugs. Between 1974 and 1979, of the 20,511 job applicants who took polygraph tests, 695 (3.4%) confessed to previous felony crimes; almost all of those crimes had been undetected.[111]

In 2010 the NSA produced a video explaining its polygraph process.[115] The video, ten minutes long, is titled “The Truth About the Polygraph” and was posted to the Web site of the Defense Security Service. Jeff Stein of The Washington Post said that the video portrays “various applicants, or actors playing them — it’s not clear — describing everything bad they had heard about the test, the implication being that none of it is true.”[116] AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video.[115] George Maschke, the founder of the Web site, accused the NSA polygraph video of being “Orwellian“.[116]

After Edward Snowden revealed his identity in 2013, the NSA began requiring polygraphing of employees once per quarter.[117]

Arbitrary firing

The number of exemptions from legal requirements has been criticized. When in 1964 the Congress was hearing a bill giving the director of the NSA the power to fire at will any employee,The Washington Post wrote: “This is the very definition of arbitrariness. It means that an employee could be discharged and disgraced on the basis of anonymous allegations without the slightest opportunity to defend himself.” Yet, the bill was accepted by an overwhelming majority.[109]

Insignia and memorials

Seal of the U.S. National Security Agency.svg

The heraldic insignia of NSA consists of an eagle inside a circle, grasping a key in its talons.[118] The eagle represents the agency’s national mission.[118] Its breast features a shield with bands of red and white, taken from the Great Seal of the United States and representing Congress.[118] The key is taken from the emblem of Saint Peter and represents security.[118]

When the NSA was created, the agency had no emblem and used that of the Department of Defense.[119] The agency adopted its first of two emblems in 1963.[119] The current NSA insignia has been in use since 1965, when then-Director, LTG Marshall S. Carter (USA) ordered the creation of a device to represent the agency.[120]

The NSA’s flag consists of the agency’s seal on a light blue background.

National Cryptologic Memorial

Crews associated with NSA missions have been involved in a number of dangerous and deadly situations.[121] The USS Liberty incident in 1967 and USS Pueblo incident in 1968 are examples of the losses endured during the Cold War.[121]

The National Security Agency/Central Security Service Cryptologic Memorial honors and remembers the fallen personnel, both military and civilian, of these intelligence missions.[122] It is made of black granite, and has 171 names carved into it, as of 2013 .[122] It is located at NSA headquarters. A tradition of declassifying the stories of the fallen was begun in 2001.[122]

NSANet (NSA’s intranet)

Behind the Green Door – Secure communications room with separate computer terminals for access to SIPRNET, GWAN, NSANET, and JWICS

NSANet stands for National Security Agency Network and is the official NSA intranet.[123] It is a classified network,[124] for information up to the level of TS/SCI[125] to support the use and sharing of intelligence data between NSA and the signals intelligence agencies of the four other nations of the Five Eyes partnership. The management of NSANet has been delegated to the Central Security Service Texas (CSSTEXAS).[126]

NSANet is a highly secured computer network consisting of fiber-optic and satellite communication channels which are almost completely separated from the public Internet. The network allows NSA personnel and civilian and military intelligence analysts anywhere in the world to have access to the agency’s systems and databases. This access is tightly controlled and monitored. For example, every keystroke is logged, activities are audited at random and downloading and printing of documents from NSANet are recorded.[127]

In 1998, NSANet, along with NIPRNET and SIPRNET, had “significant problems with poor search capabilities, unorganized data and old information”.[128] In 2004, the network was reported to have used over twenty commercial off-the-shelf operating systems.[129] Some universities that do highly sensitive research are allowed to connect to it.[130]

The thousands of Top Secret internal NSA documents that were taken by Edward Snowden in 2013 were stored in “a file-sharing location on the NSA’s intranet site” so they could easily be read online by NSA personnel. Everyone with a TS/SCI-clearance had access to these documents and as a system administrator, Snowden was responsible for moving accidentally misplaced highly sensitive documents to more secure storage locations.[131]

National Computer Security Center

The DoD Computer Security Center was founded in 1981 and renamed the National Computer Security Center (NCSC) in 1985. NCSC was responsible for computer security throughout the federal government.[132] NCSC was part of NSA,[133] and during the late 1980s and the 1990s, NSA and NCSC published Trusted Computer System Evaluation Criteria in a six-foot high Rainbow Series of books that detailed trusted computing and network platform specifications.[134] The Rainbow books were replaced by the Common Criteria, however, in the early 2000s.[134]

Facilities

Headquarters

National Security Agency headquarters in Fort Meade, 2013

Headquarters for the National Security Agency is located at 39°6′32″N 76°46′17″W in Fort George G. Meade, Maryland, although it is separate from other compounds and agencies that are based within this same military installation. Ft. Meade is about 20 mi (32 km) southwest of Baltimore,[135] and 25 mi (40 km) northeast of Washington, DC.[136] The NSA has its own exit off Maryland Route 295 South labeled “NSA Employees Only”.[137][138] The exit may only be used by people with the proper clearances, and security vehicles parked along the road guard the entrance.[139]

NSA is the largest employer in the U.S. state of Maryland, and two-thirds of its personnel work at Ft. Meade.[140] Built on 350 acres (140 ha; 0.55 sq mi)[141] of Ft. Meade’s 5,000 acres (2,000 ha; 7.8 sq mi),[142] the site has 1,300 buildings and an estimated 18,000 parking spaces.[136][143]

NSA headquarters building in Fort Meade (left), NSOC (right)

The main NSA headquarters and operations building is what James Bamford, author of Body of Secrets, describes as “a modern boxy structure” that appears similar to “any stylish office building.”[144] The building is covered with one-way dark glass, which is lined with copper shielding in order to prevent espionage by trapping in signals and sounds.[144] It contains 3,000,000 square feet (280,000 m2), or more than 68 acres (28 ha), of floor space; Bamford said that the U.S. Capitol “could easily fit inside it four times over.”[144]

The facility has over 100 watchposts,[145] one of them being the visitor control center, a two-story area that serves as the entrance.[144] At the entrance, a white pentagonal structure,[146] visitor badges are issued to visitors and security clearances of employees are checked.[147] The visitor center includes a painting of the NSA seal.[146]

The OPS2A building, the tallest building in the NSA complex and the location of much of the agency’s operations directorate, is accessible from the visitor center. Bamford described it as a “dark glass Rubik’s Cube“.[148] The facility’s “red corridor” houses non-security operations such as concessions and the drug store. The name refers to the “red badge” which is worn by someone without a security clearance. The NSA headquarters includes a cafeteria, a credit union, ticket counters for airlines and entertainment, a barbershop, and a bank.[146] NSA headquarters has its own post office, fire department, and police force.[149][150][151]

The employees at the NSA headquarters reside in various places in the Baltimore-Washington area, including Annapolis, Baltimore, and Columbia in Maryland and the District of Columbia, including the Georgetown community.[152]

Power consumption

Due to massive amounts of data processing, NSA is the largest electricity consumer in Maryland.[140]

Following a major power outage in 2000, in 2003 and in follow-ups through 2007, The Baltimore Sun reported that the NSA was at risk of electrical overload because of insufficient internal electrical infrastructure at Fort Meade to support the amount of equipment being installed. This problem was apparently recognized in the 1990s but not made a priority, and “now the agency’s ability to keep its operations going is threatened.”[153]

Baltimore Gas & Electric (BGE, now Constellation Energy) provided NSA with 65 to 75 megawatts at Ft. Meade in 2007, and expected that an increase of 10 to 15 megawatts would be needed later that year.[154] In 2011, NSA at Ft. Meade was Maryland’s largest consumer of power.[140] In 2007, as BGE’s largest customer, NSA bought as much electricity as Annapolis, the capital city of Maryland.[153]

One estimate put the potential for power consumption by the new Utah Data Center at US$40 million per year.[155]

History of headquarters

Headquarters at Fort Meade circa 1950s

When the agency was established, its headquarters and cryptographic center were in the Naval Security Station in Washington, D.C. The COMINT functions were located in Arlington Hall in Northern Virginia, which served as the headquarters of the U.S. Army‘s cryptographic operations.[156] Because the Soviet Union had detonated a nuclear bomb and because the facilities were crowded, the federal government wanted to move several agencies, including the AFSA/NSA. A planning committee considered Fort Knox, but Fort Meade, Maryland, was ultimately chosen as NSA headquarters because it was far enough away from Washington, D.C. in case of a nuclear strike and was close enough so its employees would not have to move their families.[157]

Construction of additional buildings began after the agency occupied buildings at Ft. Meade in the late 1950s, which they soon outgrew.[157] In 1963 the new headquarters building, nine stories tall, opened. NSA workers referred to the building as the “Headquarters Building” and since the NSA management occupied the top floor, workers used “Ninth Floor” to refer to their leaders.[158] COMSEC remained in Washington, D.C., until its new building was completed in 1968.[157] In September 1986, the Operations 2A and 2B buildings, both copper-shielded to prevent eavesdropping, opened with a dedication by President Ronald Reagan.[159] The four NSA buildings became known as the “Big Four.”[159] The NSA director moved to 2B when it opened.[159]

Fort Meade shooting

On March 30, 2015, shortly before 9 am, a stolen sports utility vehicle approached an NSA police vehicle blocking the road near the gate of Fort Meade, after it was told to leave the area. NSA officers fired on the SUV, killing the 27-year-old driver, Mya Hall, and seriously injuring her 20-year-old passenger. An NSA officer’s arm was injured when Hall subsequently crashed into his vehicle.[160][161]

The two women were transgender[162] and had just gotten off from a night of partying at a motel with the man they’d stolen the SUV from that morning. They “attempted to drive a vehicle into the National Security Agency portion of the installation without authorization”, according to an NSA statement.[163] FBI spokeswoman Amy Thoreson said the incident is not believed to be related to terrorism.[164] In June 2015 the FBI closed its investigation into the incident and federal prosecutors have declined to bring charges against anyone involved.[165]

An anonymous police official told The Washington Post, “This was not a deliberate attempt to breach the security of NSA. This was not a planned attack.” The two are believed to have made a wrong turn off the highway, while fleeing from the motel after stealing the vehicle. A small amount of cocaine was found in the SUV. A local CBS reporter initially said a gun was found,[166] but her later revision does not.[167] Dozens of journalists were corralled into a parking lot blocks away from the scene, and were barred from photographing the area.[168]

Computing

In 1995, The Baltimore Sun reported that the NSA is the owner of the single largest group of supercomputers.[169]

NSA held a groundbreaking ceremony at Ft. Meade in May 2013 for its High Performance Computing Center 2, expected to open in 2016.[170] Called Site M, the center has a 150 megawatt power substation, 14 administrative buildings and 10 parking garages.[149] It cost $3.2 billion and covers 227 acres (92 ha; 0.355 sq mi).[149] The center is 1,800,000 square feet (17 ha; 0.065 sq mi)[149] and initially uses 60 megawatts of electricity.[171]

Increments II and III are expected to be completed by 2030, and would quadruple the space, covering 5,800,000 square feet (54 ha; 0.21 sq mi) with 60 buildings and 40 parking garages.[149] Defense contractors are also establishing or expanding cybersecurity facilities near the NSA and around the Washington metropolitan area.[149]

Other U.S. facilities

Buckley Air Force Base in Colorado

Utah Data Center

As of 2012, NSA collected intelligence from four geostationary satellites.[155] Satellite receivers were at Roaring Creek Station in Catawissa, Pennsylvania and Salt Creek Station in Arbuckle, California.[155] It operated ten to twenty taps on U.S. telecom switches. NSA had installations in several U.S. states and from them observed intercepts from Europe, the Middle East, North Africa, Latin America, and Asia.[155]

NSA had facilities at Friendship Annex (FANX) in Linthicum, Maryland, which is a 20 to 25-minute drive from Ft. Meade;[172] the Aerospace Data Facility at Buckley Air Force Base in Aurora outside Denver, Colorado; NSA Texas in the Texas Cryptology Center at Lackland Air Force Base in San Antonio, Texas; NSA Georgia at Fort Gordon in Augusta, Georgia; NSA Hawaii in Honolulu; the Multiprogram Research Facility in Oak Ridge, Tennessee, and elsewhere.[152][155]

On January 6, 2011 a groundbreaking ceremony was held to begin construction on NSA’s first Comprehensive National Cyber-security Initiative (CNCI) Data Center, known as the “Utah Data Center” for short. The $1.5B data center is being built at Camp Williams, Utah, located 25 miles (40 km) south of Salt Lake City, and will help support the agency’s National Cyber-security Initiative.[173] It is expected to be operational by September 2013.[155]

In 2009, to protect its assets and to access more electricity, NSA sought to decentralize and expand its existing facilities in Ft. Meade and Menwith Hill,[174] the latter expansion expected to be completed by 2015.[175]

The Yakima Herald-Republic cited Bamford, saying that many of NSA’s bases for its Echelon program were a legacy system, using outdated, 1990s technology.[176] In 2004, NSA closed its operations at Bad Aibling Station (Field Station 81) in Bad Aibling, Germany.[177] In 2012, NSA began to move some of its operations at Yakima Research Station, Yakima Training Center, in Washington state to Colorado, planning to leave Yakima closed.[178] As of 2013, NSA also intended to close operations at Sugar Grove, West Virginia.[176]

International stations

RAF Menwith Hill has the largest NSA presence in the United Kingdom.[175]

Following the signing in 1946–1956[179] of the UKUSA Agreement between the United States, United Kingdom, Canada, Australia and New Zealand, who then cooperated on signals intelligence and ECHELON,[180] NSA stations were built at GCHQ Bude in Morwenstow, United Kingdom; Geraldton, Pine Gap and Shoal Bay, Australia; Leitrim and Ottawa, Canada; Misawa, Japan; and Waihopai and Tangimoana,[181] New Zealand.[182]

NSA operates RAF Menwith Hill in North Yorkshire, United Kingdom, which was, according to BBC News in 2007, the largest electronic monitoring station in the world.[183] Planned in 1954, and opened in 1960, the base covered 562 acres (227 ha; 0.878 sq mi) in 1999.[184]

The agency’s European Cryptologic Center (ECC), with 240 employees in 2011, is headquartered at a US military compound in Griesheim, near Frankfurt in Germany. A 2011 NSA report indicates that the ECC is responsible for the “largest analysis and productivity in Europe” and focusses on various priorities, including Africa, Europe, the Middle East and counterterrorism operations.[185]

In 2013, a new Consolidated Intelligence Center, also to be used by NSA, is being built at the headquarters of the United States Army Europe in Wiesbaden, Germany.[186] NSA’s partnership with Bundesnachrichtendienst (BND), the German foreign intelligence service, was confirmed by BND president Gerhard Schindler.[186]

Thailand

Thailand is a “3rd party partner” of the NSA along with nine other nations.[187] These are non-English-speaking countries that have made security agreements for the exchange of SIGINT raw material and end product reports.

Thailand is the site of at least two US SIGINT collection stations. One is at the US Embassy in Bangkok, a joint NSA-CIA Special Collection Service (SCS) unit. It presumably eavesdrops on foreign embassies, governmental communications, and other targets of opportunity.[188]

The second installation is a FORNSAT (foreign satellite interception) station in the Thai city of Khon Kaen. It is codenamed INDRA, but has also been referred to as LEMONWOOD.[188] The station is approximately 40 ha (100 acres) in size and consists of a large 3,700–4,600 m2 (40,000–50,000 ft2) operations building on the west side of the ops compound and four radome-enclosed parabolic antennas. Possibly two of the radome-enclosed antennas are used for SATCOM intercept and two antennas used for relaying the intercepted material back to NSA. There is also a PUSHER-type circularly-disposed antenna array (CDAA) array just north of the ops compound.[189][190]

NSA activated Khon Kaen in October 1979. Its mission was to eavesdrop on the radio traffic of Chinese army and air force units in southern China, especially in and around the city of Kunming in Yunnan Province. Back in the late 1970s the base consisted only of a small CDAA antenna array that was remote-controlled via satellite from the NSA listening post at Kunia, Hawaii, and a small force of civilian contractors from Bendix Field Engineering Corp. whose job it was to keep the antenna array and satellite relay facilities up and running 24/7.[189]

According to the papers of the late General William Odom, the INDRA facility was upgraded in 1986 with a new British-made PUSHER CDAA antenna as part of an overall upgrade of NSA and Thai SIGINT facilities whose objective was to spy on the neighboring communist nations of Vietnam, Laos, and Cambodia.[189]

The base apparently fell into disrepair in the 1990s as China and Vietnam became more friendly towards the US, and by 2002 archived satellite imagery showed that the PUSHER CDAA antenna had been torn down, perhaps indicating that the base had been closed. At some point in the period since 9/11, the Khon Kaen base was reactivated and expanded to include a sizeable SATCOM intercept mission. It is likely that the NSA presence at Khon Kaen is relatively small, and that most of the work is done by civilian contractors.[189]

Mission

NSA’s eavesdropping mission includes radio broadcasting, both from various organizations and individuals, the Internet, telephone calls, and other intercepted forms of communication. Its secure communications mission includes military, diplomatic, and all other sensitive, confidential or secret government communications.[191]

According to the Washington Post, “[e]very day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications. The NSA sorts a fraction of those into 70 separate databases.”[192]

Because of its listening task, NSA/CSS has been heavily involved in cryptanalytic research, continuing the work of predecessor agencies which had broken many World War II codes and ciphers (see, for instance, Purple, Venona project, and JN-25).

In 2004, NSA Central Security Service and the National Cyber Security Division of the Department of Homeland Security (DHS) agreed to expand NSA Centers of Academic Excellence in Information Assurance Education Program.[193]

As part of the National Security Presidential Directive 54/Homeland Security Presidential Directive 23 (NSPD 54), signed on January 8, 2008 by President Bush, the NSA became the lead agency to monitor and protect all of the federal government’s computer networks from cyber-terrorism.[9]

Operations

Operations by the National Security Agency can be divided in three types:

  • Collection overseas, which falls under the responsibility of the Global Access Operations (GAO) division.
  • Domestic collection, which falls under the responsibility of the Special Source Operations (SSO) division.
  • Hacking operations, which falls under the responsibility of the Tailored Access Operations (TAO) division.

Collection overseas

Echelon

Echelon was created in the incubator of the Cold War.[194] Today it is a legacy system, and several NSA stations are closing.[176]

NSA/CSS, in combination with the equivalent agencies in the United Kingdom (Government Communications Headquarters), Canada (Communications Security Establishment), Australia (Defence Signals Directorate), and New Zealand (Government Communications Security Bureau), otherwise known as the UKUSA group,[195] was reported to be in command of the operation of the so-called ECHELON system. Its capabilities were suspected to include the ability to monitor a large proportion of the world’s transmitted civilian telephone, fax and data traffic.[196]

During the early 1970s, the first of what became more than eight large satellite communications dishes were installed at Menwith Hill.[197] Investigative journalist Duncan Campbell reported in 1988 on the ECHELON surveillance program, an extension of the UKUSA Agreement on global signals intelligence SIGINT, and detailed how the eavesdropping operations worked.[198] In November 3, 1999 the BBC reported that they had confirmation from the Australian Government of the existence of a powerful “global spying network” code-named Echelon, that could “eavesdrop on every single phone call, fax or e-mail, anywhere on the planet” with Britain and the United States as the chief protagonists. They confirmed that Menwith Hill was “linked directly to the headquarters of the US National Security Agency (NSA) at Fort Meade in Maryland”.[199]

NSA’s United States Signals Intelligence Directive 18 (USSID 18) strictly prohibited the interception or collection of information about “… U.S. persons, entities, corporations or organizations….” without explicit written legal permission from the United States Attorney General when the subject is located abroad, or the Foreign Intelligence Surveillance Court when within U.S. borders. Alleged Echelon-related activities, including its use for motives other than national security, including political and industrial espionage, received criticism from countries outside the UKUSA alliance.[200][201]

Protesters against NSA data mining in Berlin wearing Chelsea Manning and Edward Snowden masks.

Other SIGINT operations overseas

The NSA is also involved in planning to blackmail people with “SEXINT“, intelligence gained about a potential target’s sexual activity and preferences. Those targeted had not committed any apparent crime nor were charged with one.[202]

In order to support its facial recognition program, the NSA is intercepting “millions of images per day”.[203]

The Real Time Regional Gateway is a data collection program introduced in 2005 in Iraq by NSA during the Iraq War that consisted of gathering all electronic communication, storing it, then searching and otherwise analyzing it. It was effective in providing information about Iraqi insurgents who had eluded less comprehensive techniques.[204] This “collect it all” strategy introduced by NSA director, Keith B. Alexander, is believed by Glenn Greenwald of The Guardian to be the model for the comprehensive worldwide mass archiving of communications which NSA is engaged in as of 2013.[205]

BoundlessInformant

Edward Snowden revealed in June 2013 that between February 8 and March 8, 2013, the NSA collected about 124.8 billion telephone data items and 97.1 billion computer data items throughout the world, as was displayed in charts from an internal NSA tool codenamed Boundless Informant. It was reported that some of these data reflected eavesdropping on citizens in countries like Germany, Spain and France.[206]

BoundlessInformant employs big data databases, cloud computing technology, and Free and Open Source Software (FOSS) to analyze data collected worldwide by the NSA.[207]

Bypassing encryption

In 2013, reporters uncovered a secret memo that claims the NSA created and pushed for the adoption of the Dual_EC_DRBG encryption standard that contained built-in vulnerabilities in 2006 to the United States National Institute of Standards and Technology (NIST), and the International Organization for Standardization (aka ISO).[208][209] This memo appears to give credence to previous speculation by cryptographers at Microsoft Research.[210]Edward Snowden claims that the NSA often bypasses encryption altogether by lifting information before it is encrypted or after it is decrypted.[209]

XKeyscore rules (as specified in a file xkeyscorerules100.txt, sourced by German TV stations NDR and WDR, who claim to have excerpts from its source code) reveal that the NSA tracks users of privacy-enhancing software tools, including Tor; an anonymous email service provided by the MIT Computer Science and Artificial Intelligence Laboratory (CSAIL) in Cambridge, Massachusetts; and readers of the Linux Journal.[211][212]

Domestic activity

NSA’s mission, as set forth in Executive Order 12333 in 1981, is to collect information that constitutes “foreign intelligence or counterintelligence” while not “acquiring information concerning the domestic activities of United States persons“. NSA has declared that it relies on the FBI to collect information on foreign intelligence activities within the borders of the United States, while confining its own activities within the United States to the embassies and missions of foreign nations.[213] The appearance of a ‘Domestic Surveillance Directorate’ of the NSA was soon exposed as a hoax in 2013.[214][215]

NSA’s domestic surveillance activities are limited by the requirements imposed by the Fourth Amendment to the U.S. Constitution. The Foreign Intelligence Surveillance Court for example held in October 2011, citing multiple Supreme Court precedents, that the Fourth Amendment prohibitions against unreasonable searches and seizures applies to the contents of all communications, whatever the means, because “a person’s private communications are akin to personal papers.”[216] However, these protections do not apply to non-U.S. persons located outside of U.S. borders, so the NSA’s foreign surveillance efforts are subject to far fewer limitations under U.S. law.[217] The specific requirements for domestic surveillance operations are contained in the Foreign Intelligence Surveillance Act of 1978 (FISA), which does not extend protection to non-U.S. citizens located outside of U.S. territory.[217]

George W. Bush administration

George W. Bush, president during the 9/11 terrorist attacks, approved the Patriot Act shortly after the attacks to take anti-terrorist security measures. Title 1, 2, and 9 specifically authorized measures that would be taken by the NSA. These titles granted enhanced domestic security against terrorism, surveillance procedures, and improved intelligence, respectively. On March 10, 2004, there was a debate between President Bush and White House Counsel Alberto Gonzales, Attorney General John Ashcroft, and Acting Attorney General James Comey. The Attorney Generals were unsure if the NSA’s programs could be considered constitutional. They threatened to resign over the matter, but ultimately the NSA’s programs continued.[218] On March 11, 2004, President Bush signed a new authorization for mass surveillance of Internet records, in addition to the surveillance of phone records.This allowed the president to be able to override laws such as the Foreign Intelligence Surveillance Act, which protected civilians from mass surveillance. In addition to this, President Bush also signed that the measures of mass surveillance were also retroactively in place.[219]

Warrantless wiretaps

On December 16, 2005, The New York Times reported that, under White House pressure and with an executive order from President George W. Bush, the National Security Agency, in an attempt to thwart terrorism, had been tapping phone calls made to persons outside the country, without obtaining warrants from the United States Foreign Intelligence Surveillance Court, a secret court created for that purpose under the Foreign Intelligence Surveillance Act (FISA).[220]

One such surveillance program, authorized by the U.S. Signals Intelligence Directive 18 of President George Bush, was the Highlander Project undertaken for the National Security Agency by the U.S. Army 513th Military Intelligence Brigade. NSA relayed telephone (including cell phone) conversations obtained from ground, airborne, and satellite monitoring stations to various U.S. Army Signal Intelligence Officers, including the 201st Military Intelligence Battalion. Conversations of citizens of the U.S. were intercepted, along with those of other nations.[221]

Proponents of the surveillance program claim that the President has executive authority to order such action, arguing that laws such as FISA are overridden by the President’s Constitutional powers. In addition, some argued that FISA was implicitly overridden by a subsequent statute, the Authorization for Use of Military Force, although the Supreme Court’s ruling in Hamdan v. Rumsfeld deprecates this view. In the August 2006 case ACLU v. NSA, U.S. District Court Judge Anna Diggs Taylor concluded that NSA’s warrantless surveillance program was both illegal and unconstitutional. On July 6, 2007 the 6th Circuit Court of Appeals vacated the decision on the grounds that the ACLU lacked standing to bring the suit.[222]

On January 17, 2006, the Center for Constitutional Rights filed a lawsuit, CCR v. Bush, against the George W. Bush Presidency. The lawsuit challenged the National Security Agency’s (NSA’s) surveillance of people within the U.S., including the interception of CCR emails without securing a warrant first.[223][224]

In September 2008, the Electronic Frontier Foundation (EFF) filed a class action lawsuit against the NSA and several high-ranking officials of the Bush administration,[225] charging an “illegal and unconstitutional program of dragnet communications surveillance,”[226] based on documentation provided by former AT&T technician Mark Klein.[227]

As a result of the USA Freedom Act passed by Congress in June 2015, the NSA had to shut down its bulk phone surveillance program on November 29 of the same year. The USA Freedom Act forbids the NSA to collect metadata and content of phone calls unless it has a warrant for terrorism investigation. In that case the agency has to ask the telecom companies for the record, which will only be kept for six months.

AT&T Internet monitoring

In May 2006, Mark Klein, a former AT&T employee, alleged that his company had cooperated with NSA in installing Narus hardware to replace the FBI Carnivore program, to monitor network communications including traffic between American citizens.[228]

Data mining

NSA was reported in 2008 to use its computing capability to analyze “transactional” data that it regularly acquires from other government agencies, which gather it under their own jurisdictional authorities. As part of this effort, NSA now monitors huge volumes of records of domestic email data, web addresses from Internet searches, bank transfers, credit-card transactions, travel records, and telephone data, according to current and former intelligence officials interviewed by The Wall Street Journal. The sender, recipient, and subject line of emails can be included, but the content of the messages or of phone calls are not.[229]

A 2013 advisory group for the Obama administration, seeking to reform NSA spying programs following the revelations of documents released by Edward J. Snowden.[230] mentioned in ‘Recommendation 30’ on page 37, “…that the National Security Council staff should manage an interagency process to review on a regular basis the activities of the US Government regarding attacks that exploit a previously unknown vulnerability in a computer application.” Retired cyber security expert Richard A. Clarke was a group member and stated on April 11 that NSA had no advance knowledge of Heartbleed.[231]

Illegally obtained evidence

In August 2013 it was revealed that a 2005 IRS training document showed that NSA intelligence intercepts and wiretaps, both foreign and domestic, were being supplied to the Drug Enforcement Administration (DEA) and Internal Revenue Service (IRS) and were illegally used to launch criminal investigations of US citizens. Law enforcement agents were directed to conceal how the investigations began and recreate an apparently legal investigative trail by re-obtaining the same evidence by other means.[232][233]

Barack Obama administration

In the months leading to April 2009, the NSA intercepted the communications of American citizens, including a Congressman, although the Justice Department believed that the interception was unintentional. The Justice Department then took action to correct the issues and bring the program into compliance with existing laws.[234] United States Attorney General Eric Holder resumed the program according to his understanding of the Foreign Intelligence Surveillance Act amendment of 2008, without explaining what had occurred.[235]

Polls conducted in June 2013 found divided results among Americans regarding NSA’s secret data collection.[236] Rasmussen Reports found that 59% of Americans disapprove,[237] Gallup found that 53% disapprove,[238] and Pew found that 56% are in favor of NSA data collection.[239]

Section 215 metadata collection

On April 25, 2013, the NSA obtained a court order requiring Verizon‘s Business Network Services to provide metadata on all calls in its system to the NSA “on an ongoing daily basis” for a three-month period, as reported by The Guardian on June 6, 2013. This information includes “the numbers of both parties on a call … location data, call duration, unique identifiers, and the time and duration of all calls” but not “[t]he contents of the conversation itself”. The order relies on the so-called “business records” provision of the Patriot Act.[240][241]

In August 2013, following the Snowden leaks, new details about the NSA’s data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at “selected communications links” and automatically analyzed for keywords or other “selectors”. Emails that do not match are deleted.[242]

The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet like system to be ineffective. One such report, released by the New America Foundation concluded that after an analysis of 225 terrorism cases, the NSA “had no discernible impact on preventing acts of terrorism.”[243]

Defenders of the program say that while metadata alone can’t provide all the information necessary to prevent an attack, it assures the ability to “connect the dots”[244] between suspect foreign numbers and domestic numbers with a speed only the NSA’s software is capable of. One benefit of this is quickly being able to determine the difference between suspicious activity and real threats.[citation needed] As an example, NSA director General Keith Alexander mentioned at the annual Cybersecurity Summit in 2013, that metadata analysis of domestic phone call records after the Boston Marathon bombing helped determine that[clarification needed] another attack in New York was baseless.[244]

In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. As of 2015, the collection process remains legal and grounded in the ruling from Smith v. Maryland (1979). A prominent opponent of the data collection and its legality is U.S. District Judge Richard J. Leon, who issued a report in 2013[245] in which he stated: “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval…Surely, such a program infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment”.

The PRISM program[edit]

PRISM: a clandestine surveillance program under which the NSA collects user data from companies like Microsoft and Facebook.

Under the PRISM program, which started in 2007,[246][247] NSA gathers Internet communications from foreign targets from nine major U.S. Internet-based communication service providers: Microsoft,[248] Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple. Data gathered include email, video and voice chat, videos, photos, VoIP chats such as Skype, and file transfers.

June 2015 – WikiLeaks: Industrial espionage

In June 2015, Wikileaks published documents, which showed that NSA spied on French companies.[249]

July 2015 – WikiLeaks: Espionage against German federal ministries

In July 2015, WikiLeaks published documents, which showed that NSA spied on federal German ministries since 1990s.[250][251] Even Germany’s Chancellor Angela Merkel‘s cellphones and phone of her predecessors had been intercepted.[252]

Claims of prevented terrorist attacks

Former NSA director General Keith Alexander claimed that in September 2009 the NSA prevented Najibullah Zazi and his friends from carrying out a terrorist attack.[253] However, this claim has been debunked and no evidence has been presented demonstrating that the NSA has ever been instrumental in preventing a terrorist attack.[254][255][256][257]

Hacking operations

Besides the more traditional ways of eavesdropping in order to collect signals intelligence, NSA is also engaged in hacking computers, smartphones and their networks. These operations are conducted by the Tailored Access Operations (TAO) division.

NSA’s China hacking group

According to the Foreign Policy magazine, “… the Office of Tailored Access Operations, or TAO, has successfully penetrated Chinese computer and telecommunications systems for almost 15 years, generating some of the best and most reliable intelligence information about what is going on inside the People’s Republic of China.”[258][259]

Syrian internet blackout

In an interview with Wired magazine, Edward Snowden said the Tailored Access Operations division accidentally caused Syria‘s internet blackout in 2012.[260]

Suspected responsibility for hacking operations by the Equation Group

The espionage group named the Equation Group, described by discoverers Kaspersky Labs as one of the most advanced (if not the most advanced) in the world as of 2015,[261]:31 and connected to over 500 malware infections in at least 42 countries over many years, is suspected of being a part of NSA.[262][263] The group’s known espionage methods have been documented to include interdiction (interception of legitimate CDs sent by a scientific conference organizer by mail),[261]:15 and the “unprecedented” ability to infect and be transmitted through the hard drive firmware of several of the major hard drive manufacturers, and create and use hidden disk areas and virtual disk systems for its purposes, a feat demanding access to the manufacturer’s source code of each to achieve.[261]:16–18 The methods used to deploy the tools demonstrated “surgical precision”, going so far as to exclude specific countries by IP and allow targeting of specific usernames on discussion forums.[261]:23–26 The techniques and knowledge used by the Equation Group are considered in summary to be “out of the reach of most advanced threat groups in the world except [this group].[261]:31

Software backdoors

Linux kernel

Linus Torvalds, the founder of Linux kernel, joked during a LinuxCon keynote on September 18, 2013 that the NSA, who are the founder of SELinux, wanted a backdoor in the kernel.[264] However, later, Linus’ father, a Member of the European Parliament (MEP), revealed that the NSA actually did this.[265]

When my oldest son was asked the same question: “Has he been approached by the NSA about backdoors?” he said “No”, but at the same time he nodded. Then he was sort of in the legal free. He had given the right answer, everybody understood that the NSA had approached him.

— Nils Torvalds, LIBE Committee Inquiry on Electronic Mass Surveillance of EU Citizens – 11th Hearing, 11 November 2013[266]
Microsoft Windows

_NSAKEY was a variable name discovered in Microsoft‘s Windows NT 4 Service Pack 5 (which had been released unstripped of its symbolic debugging data) in August 1999 by Andrew D. Fernandes of Cryptonym Corporation. That variable contained a 1024-bit public key.

IBM Notes

IBM Notes was the first widely adopted software product to use public key cryptography for client–server and server–server authentication and for encryption of data. Until US laws regulating encryption were changed in 2000, IBM and Lotus were prohibited from exporting versions of Notes that supported symmetric encryption keys that were longer than 40 bits. In 1997, Lotus negotiated an agreement with the NSA that allowed export of a version that supported stronger keys with 64 bits, but 24 of the bits were encrypted with a special key and included in the message to provide a “workload reduction factor” for the NSA. This strengthened the protection for users of Notes outside the US against private-sector industrial espionage, but not against spying by the US government.[267][268]

Boomerang routing

While it is assumed that foreign transmissions terminating in the U.S. (such as a non-U.S. citizen accessing a U.S. website) subject non-U.S. citizens to NSA surveillance, recent research into boomerang routing has raised new concerns about the NSA’s ability to surveil the domestic Internet traffic of foreign countries.[18] Boomerang routing occurs when an Internet transmission that originates and terminates in a single country transits another. Research at the University of Toronto has suggested that approximately 25% of Canadian domestic traffic may be subject to NSA surveillance activities as a result of the boomerang routing of Canadian Internet service providers.[18]

Hardware implanting

Intercepted packages are opened carefully by NSA employees
A “load station” implanting a beacon

A document included in NSA files released with Glenn Greenwald‘s book No Place to Hide details how the agency’s Tailored Access Operations (TAO) and other NSA units gain access to hardware. They intercept routers, servers and other network hardware being shipped to organizations targeted for surveillance and install covert implant firmware onto them before they are delivered. This was described by an NSA manager as “some of the most productive operations in TAO because they preposition access points into hard target networks around the world.”[269]

Computers seized by the NSA due to interdiction are often modified with a physical device known as Cottonmouth.[270] Cottonmouth is a device that can be inserted in the USB port of a computer in order to establish remote access to the targeted machine. According to NSA’s Tailored Access Operations (TAO) group implant catalog, after implanting Cottonmouth, the NSA can establish Bridging (networking) “that allows the NSA to load exploit software onto modified computers as well as allowing the NSA to relay commands and data between hardware and software implants.”[271]

Role in scientific research and development

NSA has been involved in debates about public policy, both indirectly as a behind-the-scenes adviser to other departments, and directly during and after Vice Admiral Bobby Ray Inman‘s directorship. NSA was a major player in the debates of the 1990s regarding the export of cryptography in the United States. Restrictions on export were reduced but not eliminated in 1996.

Its secure government communications work has involved the NSA in numerous technology areas, including the design of specialized communications hardware and software, production of dedicated semiconductors (at the Ft. Meade chip fabrication plant), and advanced cryptography research. For 50 years, NSA designed and built most of its computer equipment in-house, but from the 1990s until about 2003 (when the U.S. Congress curtailed the practice), the agency contracted with the private sector in the fields of research and equipment.[272]

Data Encryption Standard

FROSTBURG was the NSA’s first supercomputer, used from 1991 to 1997

NSA was embroiled in some minor controversy concerning its involvement in the creation of the Data Encryption Standard (DES), a standard and public block cipher algorithm used by the U.S. government and banking community. During the development of DES by IBM in the 1970s, NSA recommended changes to some details of the design. There was suspicion that these changes had weakened the algorithm sufficiently to enable the agency to eavesdrop if required, including speculation that a critical component—the so-called S-boxes—had been altered to insert a “backdoor” and that the reduction in key length might have made it feasible for NSA to discover DES keys using massive computing power. It has since been observed that the S-boxes in DES are particularly resilient against differential cryptanalysis, a technique which was not publicly discovered until the late 1980s, but which was known to the IBM DES team.

The United States Senate Select Committee on Intelligence reviewed NSA’s involvement, and concluded that while the agency had provided some assistance, it had not tampered with the design.[273][274] In late 2009 NSA declassified information stating that “NSA worked closely with IBM to strengthen the algorithm against all except brute force attacks and to strengthen substitution tables, called S-boxes. Conversely, NSA tried to convince IBM to reduce the length of the key from 64 to 48 bits. Ultimately they compromised on a 56-bit key.”[275][276]

Advanced Encryption Standard

The involvement of NSA in the selection of a successor to Data Encryption Standard (DES), the Advanced Encryption Standard (AES), was limited to hardware performance testing (see AES competition).[277] NSA has subsequently certified AES for protection of classified information (for at most two levels, e.g. SECRET information in an unclassified environment[clarification needed]) when used in NSA-approved systems.[278]

NSA encryption systems

STU-III secure telephones on display at the National Cryptologic Museum

The NSA is responsible for the encryption-related components in these legacy systems:

  • FNBDT Future Narrow Band Digital Terminal[279]
  • KL-7 ADONIS off-line rotor encryption machine (post-WWII – 1980s)[280][281]
  • KW-26 ROMULUS electronic in-line teletypewriter encryptor (1960s–1980s)[282]
  • KW-37 JASON fleet broadcast encryptor (1960s–1990s)[281]
  • KY-57 VINSON tactical radio voice encryptor[282]
  • KG-84 Dedicated Data Encryption/Decryption[282]
  • STU-III secure telephone unit,[282] phased out by the STE[283]

The NSA oversees encryption in following systems which are in use today:

The NSA has specified Suite A and Suite B cryptographic algorithm suites to be used in U.S. government systems; the Suite B algorithms are a subset of those previously specified by NIST and are expected to serve for most information protection purposes, while the Suite A algorithms are secret and are intended for especially high levels of protection.[278]

SHA

The widely used SHA-1 and SHA-2 hash functions were designed by NSA. SHA-1 is a slight modification of the weaker SHA-0 algorithm, also designed by NSA in 1993. This small modification was suggested by NSA two years later, with no justification other than the fact that it provides additional security. An attack for SHA-0 that does not apply to the revised algorithm was indeed found between 1998 and 2005 by academic cryptographers. Because of weaknesses and key length restrictions in SHA-1, NIST deprecates its use for digital signatures, and approves only the newer SHA-2 algorithms for such applications from 2013 on.[288]

A new hash standard, SHA-3, has recently been selected through the competition concluded October 2, 2012 with the selection of Keccak as the algorithm. The process to select SHA-3 was similar to the one held in choosing the AES, but some doubts have been cast over it,[289][290] since fundamental modifications have been made to Keccak in order to turn it into a standard.[291] These changes potentially undermine the cryptanalysis performed during the competition and reduce the security levels of the algorithm.[289]

Dual_EC_DRBG random number generator cryptotrojan

NSA promoted the inclusion of a random number generator called Dual_EC_DRBG in the U.S. National Institute of Standards and Technology‘s 2007 guidelines. This led to speculation of a backdoor which would allow NSA access to data encrypted by systems using that pseudo random number generator.[292]

This is now deemed to be plausible based on the fact that the output of the next iterations of the PRNG can provably be determined if the relation between two internal elliptic curve points is known.[293][294] Both NIST and RSA are now officially recommending against the use of this PRNG.[295][296]

Clipper chip

Because of concerns that widespread use of strong cryptography would hamper government use of wiretaps, NSA proposed the concept of key escrow in 1993 and introduced the Clipper chip that would offer stronger protection than DES but would allow access to encrypted data by authorized law enforcement officials.[297] The proposal was strongly opposed and key escrow requirements ultimately went nowhere.[298] However, NSA’s Fortezza hardware-based encryption cards, created for the Clipper project, are still used within government, and NSA ultimately declassified and published the design of the Skipjack cipher used on the cards.[299][300]

Perfect Citizen

Perfect Citizen is a program to perform vulnerability assessment by the NSA on U.S. critical infrastructure.[301][302] It was originally reported to be a program to develop a system of sensors to detect cyber attacks on critical infrastructure computer networks in both the private and public sector through a network monitoring system named Einstein.[303][304] It is funded by the Comprehensive National Cybersecurity Initiative and thus far Raytheon has received a contract for up to $100 million for the initial stage.

Academic research

NSA has invested many millions of dollars in academic research under grant code prefix MDA904, resulting in over 3,000 papers (as of 2007-10-11). NSA/CSS has, at times, attempted to restrict the publication of academic research into cryptography; for example, the Khufu and Khafre block ciphers were voluntarily withheld in response to an NSA request to do so. In response to a FOIA lawsuit, in 2013 the NSA released the 643-page research paper titled, “Untangling the Web: A Guide to Internet Research,[305] ” written and compiled by NSA employees to assist other NSA workers in searching for information of interest to the agency on the public Internet.[306]

Patents

NSA has the ability to file for a patent from the U.S. Patent and Trademark Office under gag order. Unlike normal patents, these are not revealed to the public and do not expire. However, if the Patent Office receives an application for an identical patent from a third party, they will reveal NSA’s patent and officially grant it to NSA for the full term on that date.[307]

One of NSA’s published patents describes a method of geographically locating an individual computer site in an Internet-like network, based on the latency of multiple network connections.[308] Although no public patent exists, NSA is reported to have used a similar locating technology called trilateralization that allows real-time tracking of an individual’s location, including altitude from ground level, using data obtained from cellphone towers.[309]

Controversy

File:Ron Wyden and James Clapper - 12 March 2013.webm

Excerpt from when James Clapper lied to Congress on NSA surveillance programs

In the United States, at least since 2001,[310] there has been legal controversy over what signal intelligence can be used for and how much freedom the National Security Agency has to use signal intelligence.[311] The government has made, in 2015, slight changes in how it uses and collects certain types of data,[312] specifically phone records. President Barack Obama has asked lawyers and his national security team to look at the tactics that are being used by the NSA. President Obama made a speech on January 17, 2014 where he defended the national security measures, including the NSA, and their intentions for keeping the country safe through surveillance. He said that it is difficult to determine where the line should be drawn between what is too much surveillance and how much is needed for national security because technology is ever changing and evolving. Therefore, the laws cannot keep up with the rapid advancements.

President Obama did make some changes to national security regulations and how much data can be collected and surveyed.[citation needed] The first thing he added, was more presidential directive and oversight so that privacy and basic rights are not violated. The president would look over requests on behalf of American citizens to make sure that their personal privacy is not violated by the data that is being requested. Secondly, surveillance tactics and procedures are becoming more public, including over 40 rulings of the FISC that have been declassified.[citation needed] Thirdly, further protections are being placed on activities that are justified under Section 702, such as the ability to retain, search and use data collected in investigations, which allows the NSA to monitor and intercept interaction of targets overseas. Finally, national security letters, which are secret requests for information that the FBI uses in their investigations, are becoming less secretive. The secrecy of the information requested will not be indefinite and will terminate after a set time if future secrecy is not required.[citation needed] Concerning the bulk surveillance of American’s phone records, President Obama also ordered a transition from bulk surveillance under Section 215 to a new policy that will eliminate unnecessary bulk collection of metadata.

As of May 7, 2015, the U.S. Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans’ phone records in bulk is illegal.[313] It stated that Section 215 cannot be clearly interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling “is the first time a higher-level court in the regular judicial system has reviewed the N.S.A. phone records program.” [314] The new bill getting passed later in May taking its place is known as the U.S.A. Freedom Act, which will enable the NSA to continue hunting for terrorists by analyzing telephone links between callers but “keep the bulk phone records in the hands of phone companies.”[314] This would give phone companies the freedom to dispose the records in an 18-month period. The White House argued that this new ruling validated President Obama’s support of the government being extracted from bulk data collection and giving power to the telecommunications companies.

Previously, the NSA paid billions of dollars to telecommunications companies in order to collect data from them.[315] While companies such as Google and Yahoo! claim that they do not provide “direct access” from their servers to the NSA unless under a court order,[316] the NSA had access to emails, phone calls and cellular data users.[317] With this new ruling, telecommunications companies would not provide the NSA with bulk information. The companies would allow the disposal of data in every 18 months,[314] which is arguably putting the telecommunications companies at a higher advantage.

This ruling made the collecting of phone records illegal, but it did not rule on Section 215’s constitutionality. Senate Majority Leader Mitch McConnell has already put forth a new bill to re-authorize the Patriot Act.[318] Defenders of this surveillance program are claiming that judges who sit on the Foreign Intelligence Surveillance Court (FISC) had ruled 37 times that this kind of collection of data is, in fact, lawful.[318] The FISC is the court specifically mandated to grant surveillance orders in the name of foreign intelligence. The new ruling made by the Second District Court of Appeals now retroactively dismisses the findings of the FISC on this program.

See also

Notes

 Story 2: Big Lie Media Crazy Credibility Crisis — Fake News is Media McCarthyism — No Tanks In Streets of D.C. Big Lie Coup Fake News — Videos

Image result for tanks in washington d.c.

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Image result for cartoons obama surveillance of trump

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Image result for cartoons obama surveillance of trump

Krauthammer: Comey incident has sent press over the edge

Conway: Democrats trashed Comey then made him a martyr

Ari Fleischer: Hypocrisy from Democratic Party is appalling

Michelle Malkin: Hypocrisy over Comey firing is overwhelming

Gingrich: Liberals will move on to Martian conspiracies next

Could a probe of Hillary’s email server be reopened?

Tucker to Dem: Are you saying Trump has corrupted FBI?

Rush Limbaugh rejects media’s ‘coup’ claims

Hume: Calling Comey firing a ‘coup’ is hysterical

Lionel on the Alex Jones Show: Fake News, Media Bias, McCarthyism, Redbaiting & Blatant Russophobia

The Truth About McCarthyism: Modern Parallels

Napolitano: Many FBI agents felt demeaned by Comey’s actions

Coup d’état

From Wikipedia, the free encyclopedia

A coup d’état (/ˌk dˈtɑː/ About this sound listen ; French: [ku.de.ta]), also known simply as a coup (/k/), a putsch (/pʊ/), or an overthrow, is the illegal and overt seizure of a state by the military or other elites within the state apparatus.[1]

Contents

 [show

Terminology

Etymology

The phrase coup d’état (French pronunciation:  [ku deta]) is French, literally meaning a “stroke of state” or “blow against the state.” In French the word “État” (French: [e.ta]), denoting a sovereign political entity, is capitalized.[2]

Although the concept of a coup d’état has been featured in politics since antiquity, the phrase is of relatively recent coinage;[3] the Oxford English Dictionary identifies it as a French expression meaning a “stroke of state.” The phrase did not appear within an English text before the 19th century except when used in translation of a French source, there being no simple phrase in English to convey the contextualized idea of a “knockout blow to the existing administration within a state.”

One early use within text translated from French was in 1785 in a printed translation of a letter from a French merchant, commenting on an arbitrary decree or “arrêt” issued by the French king restricting the import of British wool.[4] What may be its first published use within a text composed in English is an editor’s note in the London Morning Chronicle, 7 January 1802, reporting the arrest by Napoleon in France, of Moreau, Berthier, Masséna, and Bernadotte:

There was a report in circulation yesterday of a sort of coup d’état having taken place in France, in consequence of some formidable conspiracy against the existing government.

In post-Revolutionary France, the phrase came to be used to describe the various murders by Napoleon‘s hated secret police, the Gens d’Armes d’Elite, who murdered the Duke of Enghien:

…the actors in torture, the distributors of the poisoning draughts, and the secret executioners of those unfortunate individuals or families, whom Bonaparte’s measures of safety require to remove. In what revolutionary tyrants call grand[s] coups d’état, as butchering, or poisoning, or drowning, en masse, they are exclusively employed.[5]

Usage of the phrase

Clayton Thyne and Jonathan Powell’s dataset of coups defines attempted coups as “illegal and overt attempts by the military or other elites within the state apparatus to unseat the sitting executive.”[1] They arrive at this definition by combining common definitions in the existing literature and removing specificities and ambiguities that exist in many definitions.[1]

In looser usage, as in “intelligence coup” or “boardroom coup”, the term simply refers to gaining a sudden advantage on a rival.

Putsch

Since an unsuccessful coup d’état in 1920 (the Kapp Putsch), the Swiss-German word Putsch (pronounced [pʊtʃ], coined for the Züriputsch of September 6, 1839, in Zurich), also denotes the politico-military actions of an unsuccessful minority reactionary coup.[6][7][8]

Other recent and notable unsuccessful minority reactionary coups that are often referred to as Putsches are the 1923 Beer Hall Putsch and Küstrin Putsch, 1961 Algiers Putsch and the 1991 August Putsch. Putsch was used as disinformation by Hitler and his Nazi supporters to falsely claim that he had to suppress a reactionary coup during the Night of the Long Knives. Germans still use the term Röhm-Putsch to describe the murders, the term given to it by the Nazi regime, despite its unproven implication that the murders were necessary to prevent a coup. German authors often use quotation marks or write about the sogenannter Röhm-Putsch (“so-called Röhm Putsch”) for emphasis.[9]

Pronunciamiento

Pronunciamiento (“pronouncement”) is a term of Spanish and Latin-American origin for a special type of coup d’état. The coup d’état (called golpe de Estado in Spanish) was more common in Spain and South America, while the pronunciamiento was more common in Central America. The pronunciamiento is the formal explanation for deposing the regnant government, justifying the installation of the new government that was effected with the golpe de Estado.

In a coup, it is the military, paramilitary, or opposing political faction that deposes the current government and assumes power; whereas, in the pronunciamiento, the military deposes the existing government and installs an (ostensibly) civilian government.[10]

History

According to Clayton Thyne and Jonathan Powell’s coup dataset, there were 457 coup attempts from 1950 to 2010, of which 227 (49.7%) were successful and 230 (50.3%) were unsuccessful.[1] They find that coups have “been most common in Africa and the Americas (36.5% and 31.9%, respectively). Asia and the Middle East have experienced 13.1% and 15.8% of total global coups, respectively. Europe has experienced by far the fewest number of coup attempts: 2.6%.”[1] Most coup attempts occurred in the mid-1960s, but there were also large numbers of coup attempts in the mid-1970s and the early 1990s.[1] Successful coups have decreased over time.[1] Coups that occur in the post-Cold War period are more likely to result in democratic systems.[11][12][13] Coups that occur during civil wars shorten the war’s duration.[14] Research suggests that protests spur coups, as they help elites within the state apparatus to coordinate coups.[15]

Types

A 2016 study categorizes coups into four possible outcomes:[12]

  • Failed coup.
  • No regime change. Such as when a leader is illegally shuffled out of power without changing the identity of the group in power or the rules for governing.
  • Replacement of incumbent dictatorship with another.
  • Ouster of the dictatorship followed by democratization.

The 2016 study found that about half of all coups — both during and after the Cold War — install new autocratic regimes.[12] New dictatorships launched by coups engage in higher levels of repression in the year that follows the coup than existed in the year leading to the coup.[12] One third of coups during the Cold War and 10 percent of post-Cold War coups reshuffled the regime leadership.[12] Democracies were installed in the wake of 12 percent of Cold War coups and 40 percent of the post-Cold War coups.[12]

Samuel Huntington’s three types

Writing in 1968, political scientist Samuel P. Huntington identified three types of coup d’état, which correspond to the role the military plays in three different types of praetorian society.[16] As society changes, so does the role of the military. In the world of oligarchy, the soldier is a radical; in the middle class he is a participant and arbiter; as the “mass society looms on the horizon he becomes the conservative guardian of the existing order”.

Breakthrough coups

In breakthrough coups, the soldier plays the role of “reformer”, moving the society from “Oligarchical to Radical Praetorianism”. “In oligarchical praetorianism the dominant social forces are landowners, the leading clergy, and the wielders of the sword”. In “radical” society, the middle-class is an important social and political class. The shift toward “radical” society take the form of slow evolution, or a “breakthrough” to middle-class political participation may be led by civilian intelligentsia. A breakthrough to radical praetorianism (in which the military plays an important role among the middle class who govern) may occur when middle-class officers dislodge the civilian intelligentsia who led the breakthrough, or the military may take power directly from the absolute monarchy or the oligarchs in a military coup.

Arbiter coups

In this type of coup, society is in the stage of “radical praetorianism,” meaning that the praetorian society is in the “middle stages in the expansion of political participation,” when the middle-class (including the military) are actively involved in politics, but the masses are not regularly politically mobilized. This type of society often follows the breakthrough coup, which “clears the way for the entry of other middle-class elements into politics”. In radical praetorian society, various middle-class groups may act against one another in riots or demonstrations, and the military will step in with a military coup to re-establish order and “halt the rabid mobilization of social forces into politics and into the streets…to defuse the explosive political situation”.

Veto coup d’état

Veto coups d’état occur when the army vetoes the people’s mass participation and social mobilisation in governing themselves. “Military interventions of this “veto” variety thus directly reflect increasing lower-class political participation in politics”. In “veto coups” the soldier plays the role of “guardian of the existing order.” In such a case, the army confronts and suppresses large-scale, broad-based civil opposition.

Predictors

A 2003 review of the academic literature found that the following factors were associated with coups:

  • officers’ personal grievances
  • military organizational grievances
  • military popularity
  • military attitudinal cohesiveness
  • economic decline
  • domestic political crisis
  • contagion from other regional coups
  • external threat
  • participation in war
  • foreign veto power[clarify] and military’s national security doctrine
  • officers’ political culture
  • noninclusive institutions
  • colonial legacy
  • economic development
  • undiversified exports
  • officers’ class composition
  • military size
  • strength of civil society
  • regime legitimacy and past coups.[17]

The literature review in a 2016 study includes mentions of ethnic factionalism, supportive foreign governments, leader inexperience, slow growth, commodity price shocks, and poverty.[18]

The cumulative number of coups is a strong predictor of future coups.[17][19][20] Hybrid regimes are more vulnerable to coups than very authoritarian states or democratic states.[21] A 2015 study finds that terrorism is strongly associated with re-shuffling coups.[22] A 2016 study finds that there is an ethnic component to coups: “When leaders attempt to build ethnic armies, or dismantle those created by their predecessors, they provoke violent resistance from military officers.”[23] Another 2016 study shows that protests increase the risk of coups, presumably because they ease coordination obstacles among coup plotters and make international actors less likely to punish coup leaders.[24] A third 2016 study finds that coups become more likely in the wake of elections in autocracies when the results reveal electoral weakness for the incumbent autocrat.[25] A fourth 2016 study finds that inequality between social classes increase the likelihood of coups.[26] A 2016 study rejects the notion that participation in war makes coups more likely; to the contrary, coup risk declines in the presence of enduring interstate conflict.[27] One study found that coups are more likely to occur in states with small populations, as there are smaller coordination problems for coup-plotters.[28]

Coup-proofing

In what is referred to as “coup-proofing”, regimes create structures that make it hard for any small group to seize power. These coup-proofing strategies may include the strategic placing of family, ethnic, and religious groups in the military; creation of an armed force parallel to the regular military, and development of multiple internal security agencies with overlapping jurisdiction that constantly monitor one another.[29] Research shows that some coup-proofing strategies reduce the risk of coups occurring.[30][31] However, coup-proofing reduces military effectiveness,[32][33][34] and limits the rents that an incumbent can extract.[35]

A 2016 study shows that the implementation of succession rules reduce coup attempts.[36] Succession rules are believed to hamper coordination efforts among coup plotters by assuaging the elites who have more to gain with patience than with plotting.[36]

According to political scientists Curtis Bell and Jonathan Powell, coup attempts in neighbouring countries lead to greater coup-proofing and coup-related repression in a region.[37]

Democratization

Research suggests that coups promote democratization in staunchly authoritarian regimes, have become less likely to end democracy over time, and that the positive influence has strengthened since the end of the Cold War.[11][12][38][39][40]

A 2014 study found that “coups promote democratization, particularly among states that are least likely to democratize otherwise”.[38] The authors argue that coup attempts can have this consequence because leaders of successful coups have incentives to democratize quickly in order to establish political legitimacy and economic growth while leaders who stay in power after failed coup attempts see it as a sign that they must enact meaningful reforms to remain in power.[38] A 2014 study found that 40% of post-Cold War coups were successful. The authors argue that this may be due to the incentives created by international pressure.[11] A 2016 study found that democracies were installed in 12 percent of Cold War coups and 40 percent of the post-Cold War coups.[12]

Repression after failed coups, and counter-coups

According to Naunihal Singh, author of Seizing Power: The Strategic Logic of Military Coups (2014), it is “fairly rare” for the prevailing existing government to violently purge the army after a coup has been foiled. If it starts mass killing elements of the army, including officers who were not involved in the coup, this may trigger a “counter-coup” by soldiers who are afraid they will be next. To prevent such a desperate counter-coup that may be more successful than the initial attempt, governments usually resort to firing prominent officers and replacing them with loyalists instead.[41]

Some research suggests that increased repression and violence typically follow coup attempts (whether they’re successes or failures).[42] However, some tentative analysis by political scientist Jay Ulfelder finds no clear pattern of deterioration in human-rights practices in wake of failed coups in post-Cold War era.[43]

Notable counter-coups include the Ottoman countercoup of 1909, the 1960 Laotian counter-coup, the 1966 Nigerian counter-coup, the 1967 Greek counter-coup, and the 1971 Sudanese counter-coup.

A 2017 study finds that the use of state broadcasting by the putschist regime after Mali’s 2012 coup did not elevate explicit approval for the regime.[44]

International responses

The international community tends to react adversely to coups by reducing aid and imposing sanctions. A 2015 study finds that “coups against democracies, coups after the Cold War, and coups in states heavily integrated into the international community are all more likely to elicit global reaction.”[45] Another 2015 study shows that coups are the strongest predictor for the imposition of democratic sanctions.[46] A third 2015 study finds that Western states react strongest against coups of possible democratic and human rights abuses.[46] A 2016 study shows that the international donor community in the post-Cold War period penalizes coups by reducing foreign aid.[47] The US has been inconsistent in applying aid sanctions against coups both during the Cold War and post-Cold War periods, a likely consequence of its geopolitical interests.[47]

Organizations such as the African Union and Organization of American States have adopted anti-coup frameworks. Through the threat of sanctions, the organizations actively try to curb coups. A 2016 study finds that the African Union has played a meaningful role in reducing African coups.[48]

A forthcoming study in the Journal of Conflict Resolution finds that negative international responses to regimes created in coups have a significant influence on the sustainability of those regimes.[49] The study finds that “state reactions have the strongest effect during the Cold War, while international organizations matter the most afterward.”[49] Negative international responses from strong actors matter the most.[49]

Current leaders who assumed power via coups d’état

Position Name Assumed power as of Replaced Country Coup d’état
Sultan Qaboos bin Said al Said[50]1 23 July 1970 Said bin Taimur  Oman 1970 Omani coup d’état
President Teodoro Obiang Nguema Mbasogo 3 August 1979 Francisco Macías Nguema  Equatorial Guinea 1979 Equatoguinean coup d’état
President Yoweri Museveni 29 January 1986 Tito Okello  Uganda Ugandan Bush War
President Omar al-Bashir 30 June 1989 Sadiq al-Mahdi  Sudan 1989 Sudanese coup d’état
President Idriss Déby 2 December 1990 Hissène Habré  Chad 1990 Chadian revolution
President Isaias Afwerki 27 April 19912 Mengistu Haile Mariam
(Ethiopia)
 Eritrea Eritrean War of Independence
Prime Minister Hun Sen August 1997 Norodom Ranariddh  Cambodia 1997 Cambodian coup d’état
President Denis Sassou Nguesso 25 October 1997 Pascal Lissouba  Republic of the Congo Republic of the Congo Civil War
Prime Minister Frank Bainimarama 5 December 2006 Laisenia Qarase  Fiji 2006 Fijian coup d’état
President Mohamed Ould Abdel Aziz3 6 August 2008 Sidi Ould Cheikh Abdallahi  Mauritania 2008 Mauritanian coup d’état
President Abdel Fattah el-Sisi[51] 3 July 2013 Mohamed Morsi  Egypt 2013 Egyptian coup d’état
Prime Minister Prayuth Chan-ocha 22 May 2014 Niwatthamrong Boonsongpaisan4  Thailand 2014 Thai coup d’état
President of the Revolutionary Committee Mohammed Ali al-Houthi 6 February 2015 Abd Rabbuh Mansur Hadi5  Yemen 2014–15 Yemeni coup d’état

1Monarch who overthrew his father in a bloodless palace coup.
2As head of Provisional Government of Eritrea, which declared independence 24 May 1993.
3Subsequently, confirmed by a narrow margin in the 2009 Mauritanian presidential election, which was deemed “satisfactory” by international observers.
4Acting Prime Minister at that time.
5Hadi resigned on 22 January 2015.

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The Pronk Pops Show 875, April 18, 2017, Story 1: Amazing Grace and Forgiving Hearts of Robert Godwin Family — Breaking– Facebook Killer/Suicide of Steven Stephens — Amazing Grace — Rest In Peace — Videos — Story 2: Breaking — Racist Black Muslim Kori Ali Muhammad, 39, aka Black Jesus Kills Three Shouting “Allahu Akbar” (“God is great” in Arabic) — Pop, Bang, Boom — Camera Moves — Shot Spotter — Red Dot — Digital Justice — Videos —

Posted on April 18, 2017. Filed under: Applications, Assault, Blogroll, Breaking News, Cartoons, Communications, Computers, Corruption, Countries, Crime, Culture, Education, Homicide, Pistols, Rifles, Social Networking, Software, Terror, Terrorism, United States of America, Videos, Violence, Wealth, Weapons, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 875: April 18, 2017

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Pronk Pops Show 873: April 13, 2017

Pronk Pops Show 872: April 12, 2017

Pronk Pops Show 871: April 11, 2017

Pronk Pops Show 870: April 10, 2017

Pronk Pops Show 869: April 7, 2017

Pronk Pops Show 868: April 6, 2017

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Pronk Pops Show 866: April 3, 2017

Pronk Pops Show 865: March 31, 2017

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Pronk Pops Show 863: March 29, 2017

Pronk Pops Show 862: March 28, 2017

Pronk Pops Show 861: March 27, 2017

Pronk Pops Show 860: March 24, 2017

Pronk Pops Show 859: March 23, 2017

Pronk Pops Show 858: March 22, 2017

Pronk Pops Show 857: March 21, 2017

Pronk Pops Show 856: March 20, 2017

Pronk Pops Show 855: March 10, 2017

Pronk Pops Show 854: March 9, 2017

Pronk Pops Show 853: March 8, 2017

Pronk Pops Show 852: March 6, 2017

Pronk Pops Show 851: March 3, 2017

Pronk Pops Show 850: March 2, 2017

Pronk Pops Show 849: March 1, 2017

Pronk Pops Show 848: February 28, 2017

Pronk Pops Show 847: February 27, 2017

Pronk Pops Show 846: February 24, 2017

Pronk Pops Show 845: February 23, 2017

Pronk Pops Show 844: February 22, 2017

Pronk Pops Show 843: February 21, 2017

Pronk Pops Show 842: February 20, 2017

Pronk Pops Show 841: February 17, 2017

Pronk Pops Show 840: February 16, 2017

Pronk Pops Show 839: February 15, 2017

Pronk Pops Show 838: February 14, 2017

Pronk Pops Show 837: February 13, 2017

Pronk Pops Show 836: February 10, 2017

Pronk Pops Show 835: February 9, 2017

Pronk Pops Show 834: February 8, 2017

Pronk Pops Show 833: February 7, 2017

Pronk Pops Show 832: February 6, 2017

Pronk Pops Show 831: February 3, 2017

Pronk Pops Show 830: February 2, 2017

Pronk Pops Show 829: February 1, 2017

Pronk Pops Show 828: January 31, 2017

Pronk Pops Show 827: January 30, 2017

Pronk Pops Show 826: January 27, 2017

Pronk Pops Show 825: January 26, 2017

Pronk Pops Show 824: January 25, 2017

Pronk Pops Show 823: January 24, 2017

Pronk Pops Show 822: January 23, 2017

Pronk Pops Show 821: January 20, 2017

Pronk Pops Show 820: January 19, 2017

Pronk Pops Show 819: January 18, 2017

Pronk Pops Show 818: January 17, 2017

Pronk Pops Show 817: January 13, 2017

Pronk Pops Show 816: January 12, 2017

Pronk Pops Show 815: January 11, 2017

Pronk Pops Show 814: January 10, 2017

Pronk Pops Show 813: January 9, 2017

Story 1: Amazing Grace and Forgiving Hearts of Robert Godwin Family —  Breaking– Facebook Killer/Suicide of Steven Stephens — Amazing Grace — Rest In Peace — Videos —Facebook killer Steve Stephens has committed suicide

Image result for black on black homicides

Image result for shot spotter

Image result for black on black homicidesImage result for black on black homicidesImage result for black on black homicidesImage result for black on black homicides

Amazing Grace: The children of Robert Godwin with Anderson Cooper

Cleveland Police Chief and Mayor react to news of Steve Stephens death

Family of Robert Godwin Sr. remembers their father

Emotions flow at vigil for Robert Godwin

Rumors circulate about Facebook killer, Tara Molina reports

Debunking the rumors about Facebook live shooting, News 5’s Tara Molina takes you into our newsroom

Users call for Facebook to address “safety risk”

FBI: Massive Police hunt for Cleveland live stream Facebook killer Steve Stephens – LoneWolf

Manhunt in Cleveland for alleged gunman Steve Stephens in Facebook Live shooting of elderly man

BREAKING NEWS: Crazed Suspect Loose in Cleveland: 5 Things You Need to Know about Steve Stephens

Timeline of Facebook killer’s posts

Air Tracker 5: Jon Rudder reports

JUDY COLLINS – “Amazing Grace” with Boys’ Choir Of Harlem 1993

Amazing Grace (without choir) by Judy Collins

Celtic Woman – Amazing Grace

Amazing Grace (original version)

Amazing grace! (how sweet the sound)
That saved a wretch like me!
I once was lost, but now am found,
Was blind, but now I see.

‘Twas grace that taught my heart to fear,
And grace my fears relieved;
How precious did that grace appear
The hour I first believed!

Through many dangers, toils, and snares,
I have already come;
‘Tis grace that brought me safe thus far,
And grace will lead me home.

The Lord has promised good to me,
His word my hope secures;
He will my shield and portion be
As long as life endures.

Yes, when this flesh and heart shall fail,
And mortal life shall cease,
I shall possess, within the veil,
A life of joy and peace.

The earth shall soon dissolve like snow,
The sun forbear to shine;
But God, who called me here below,
Will be for ever mine.

Amazing grace! (how sweet the sound)
That saved a wretch like me!
I once was lost, but now am found,
Was blind, but now I see.

(1779)

A Clip from Amazing Grace

Amazing Grace – full movie

Amazing Grace, Ending

‘We just want him to know that God loves him’: Children of Cleveland man who was gunned down on Facebook say they FORGIVE his killer

  • Robert Godwin’s family spoke out about their father’s shocking death on Sunday 
  • The 74-year-old father-of-ten was filmed as he was gunned down in Cleveland 
  • ‘Each of us forgives the killer, the murderer,’ his daughter, Tonya, said Monday 
  • Police said the killer, Steve Stephens, 37, shot himself on Tuesday

The children of the man who was shot dead in a Facebook video has incredibly forgiven his murder – just hours before it was announced the killer had been found dead.

Steve Stephens, 37, gunned down 74-year-old Robert Godwin – a father-of-ten and retired manufacturing worker – in Cleveland on Sunday. Police said on Tuesday morning the 37-year-old shot himself after a brief officer pursuit.

Godwin’s family spoke to WJW on Monday prior to Stephens’ death, saying they forgave him and called on him to turn himself in before hurting anyone else.

‘Each one of us forgives the killer, the murderer,’ his daughter, Tonya, said.

The family of 74-year-old Robert Godwin (pictured with his daughter, Tonya) has said they forgive the man who murdered their father in Cleveland on Sunday

The family of 74-year-old Robert Godwin (pictured with his daughter, Tonya) has said they forgive the man who murdered their father in Cleveland on Sunday

‘We want to wrap our arms around him.

‘We just want him to know that God loves him, we love him. Yes we’re hurt, but we have to forgive him because the Bible says if we don’t then the heavenly father won’t forgive us.’

Godwin’s son, Robert Jr,echoed the sentiment.

‘One thing I do want to say is I forgive him. Because we are all sinners,’ he told CNN.

‘Steve, I forgive you man. I’m not happy with what you did, but I forgive you.’

Police had been searching for Stephens since the video of the shooting emerged on Sunday afternoon.

Police presser on Facebook murder suspect who killed himself

Stephens (pictured) had been on the run since posting the video on Facebook on Sunday. Police said he shot himself on Tuesday morning

Stephens (pictured) had been on the run since posting the video on Facebook on Sunday. Police said he shot himself on Tuesday morning

Godwin's son, Robert Jr
Godwin's daughter, Tonya

Godwin’s son, Robert Jr (left), and his daughter, Tonya (right), both said they have forgiven their father’s killer

It showed him driving in his car, before getting out and walking up to a man – who was later identified as Godwin.

The two spoke briefly in the clip, before Stephens pulled the trigger and got back in his car to drive away.

In the video Stephens posted on social media, he was heard saying: ‘I snapped, I just snapped.’

He then addressed a woman, Joy Lane, by saying: ‘She’s the reason that this is about to happen.’

Robert Godwin's (pictured) son said he just wanted Stephens to turn himself in before hurting anyone else
Robert Godwin's (pictured) son said he just wanted Stephens to turn himself in before hurting anyone else

Robert Godwin’s (pictured) son said he just wanted Stephens to turn himself in before hurting anyone else

A still from the video shows the moment that Stephens walks up to the man and the two exchange a few words before he shoots him
A still from a Facebook video shows the moment Stephens shot and killed a man
 Stephens had been wanted on aggravated murder charges for killing 74-year-old Robert Godwin and then posting video of the shooting (above) to Facebook

Lane said in a text message to CBS News: ‘We had been in a relationship for several years. I am sorry that all of this has happened.’

Stephens filed for bankruptcy two years ago despite holding down a job as a counselor helping young people develop job skills and find employment.

The behavioral health agency where he worked said an extensive background check before he was hired turned up nothing worrisome.

In another video posted on Facebook, Stephens said he gambled away everything and that he and his girlfriend had planned to marry but did not, without saying why.

http://www.dailymail.co.uk/news/article-4422248/Family-man-shot-Facebook-killer-forgive-murderer.html#ixzz4edLVyl8K

McDonald’s workers tipped police about Facebook killer

 Tuesday

Shortly before he killed self, Steve Stephens ordered 20 nuggets and fries at drive-through window, workers said.


2:04 p.m.

Pennsylvania State Police say they will hold a news conference on the Steve Stephens case at 3:30 p.m. at Troop E barracks in Lawrence Park.

1:43 p.m.

Steve Stephens’ taste for McDonald’s helped the Pennsylvania State Police catch the accused Facebook killer in Erie.

Employees at the McDonald’s on Buffalo Road, in Harborcreek Township, said a drive-through attendant alerted state police when Stephens stopped at the restaurant’s drive-through window shortly after 11 a.m.

The McDonald’s is about five miles east of where state police stopped Stephens in Erie.

Thomas DuCharme Jr., owner and operator of the McDonald’s, said the attendant thought she recognized Stephens. DuCharme said the attendant then called state police.

DuCharme said Stephens ordered 20 chicken nuggets and a basket of fries, but that the workers held off on delivering the fries to delay Stephens. He said Stephens got the nuggets.

“We told him his fries were going to be a minute,” said Henry Sayers, the restaurant’s manager.

Said DuCharme: “I am pretty sure he figured out that we were on to him. He didn’t want to wait for his fries.”

He said Stephens then drove away without the fries.

1:23 p.m.

Erie County Coroner Lyell Cook pronounced Stephens dead at the scene at 11:35 a.m. Investigators are getting search warrants for the car and are waiting on the arrival of a state police accident reconstruction team later this afternoon.

Cook said his office would conduct an autopsy at 11 a.m. on Wednesday.

Three state police cruisers involved in the stop of Stephens’ car remained at the scene, along with Stephens’ car.

1:12 p.m.

Warren Harris, 64, of Erie, who is on the scene of the investigation, said he had lived near Steve Stephens and his family in Beachwood, Ohio.

Harris, who said he has lived in Erie for 12 years, said the family is “good, churchgoing family.” He said that today’s events did not surprise him because “incidents like this happen where I’m from.”

1:07 p.m.

A spokeswoman at Stephens’ employer told the Erie Times-News in a telephone interview on Tuesday afternoon that employees there learned quickly of Stephens’ death in Erie via news reports.

“It’s just been a tragic situation, on every front, with this story,” said Nancy Kortemeyer, senior director of marketing and public relations at Beech Brook, located in northeast Ohio.

Beech Brook is a behavioral health organization serving children, teenagers and families.

According to a statement Beech Brook officials posted on its website, Stephens worked there since 2008, most recently as a vocational specialist for youth and young adults. Prior to that, Stephens had been a youth mentor.

Stephens had no major disciplinary actions at Beech Brook, Kortemeyer said, and there was nothing in his work history “that would have been a red flag.”

The manhunt for Stephens has been “very much a strain and a worry” for the Beech Brook staff, Kortemeyer said.

“We’ve been worried about the safety of our staff and our clients,” Kortemeyer said. “We are just relieved the situation has been resolved without any further harm to anyone else.

Kortemeyer added, “It’s so sad that Steve Stephens took his own life. We don’t know what would have caused him to do this.”

Beech Brook issued a statement regarding Stephens’ death later Tuesday on its website:

“It was with a mixture of sadness and relief that Beech Brook learned of the suicide of Steve Stephens. Every suicide is a tragedy, but we also share a sense of relief with the rest of our community because we are no longer fearful that Mr. Stephens will take more lives.

“We are deeply grateful to the law enforcement officials who vigorously pursued this case. Our thoughts are with all of those impacted by these senseless acts of violence.”

1 p.m.

From Pennsylvania State Police, or PSP, in a news release:

” ‘Facebook Killer’ Steve Stephens was spotted just after 11 a.m. by an alert citizen near the intersection of Buffalo Road and Downing Avenue in Erie County, Pennsylvania, which is less than two miles from PSP Troop E headquarters.

“PSP troopers immediately began to canvas the area for Stephens and located him in his vehicle a short time later. Troopers in marked patrol units initiated a pursuit that lasted approximately two miles.

“The troopers attempted a PIT maneuver to disable Stephens’ vehicle, a white Ford Fusion. As the vehicle was spinning out of control from the PIT maneuver, Stephens pulled a pistol and shot himself in the head.”

12:58 p.m.

Agents with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives have arrived on scene. The FBI arrived earlier and agents are still on scene.

12:55 p.m.

From a news conference in Cleveland at about 12:15 p.m.

Cleveland Police Chief Calvin Williams said he had no information on why Steven Stephens was in Erie.

“We are taking a cautious approach,” he said. “There may be connections we don’t know about. There is still a lot we don’t know.”

Chief acknowledged that their federal partners had spent time searching Erie and the surrounding area.

Anyone who knows that area, he said, knows “there are a lot of places to hide.”

The press conference was held less than an hour after Stephens took his own life. At that early point, “We have spoken with all the families involved. They had all been notified,” Williams said.

Williams said at the news conference that he had few details: “Our investigators are on their way now,” he said.

Another officer who spokes at the news conference, but whose name was not available, said: “We had hoped to bring Steve in peacefully and talk to him about what happened.”

The same police officials said: “Kudos to Pennsylvania State Police for doing an outstanding job.”

Asked if he was worried about potential copycats who might commit their own crimes and post them to social media, Chief Williams shook his head no.

“We’re not putting that energy out there,” he said. “We’ve talked about people not living their lives on social media. This is something that should never have been shared on social media, period.”

Chief Williams said police followed up on about 400 leads across the country, but it was one particular tip that led police to Stephens.

“We are grateful to the people who gave this tip to Pennsylvania State Police,” he said.

12:53 p.m.

State police commanders have left the scene. Erie County Coroner Lyell Cook had been examining the body of Steve Stephens inside the white Ford Fusion, where police said he fatally shot himself after state police pulled him over at around 11:10 a.m.

12:51 p.m.

Spectators at the scene of an investigation of Steve Stephens’ apparent suicide in Erie, many streaming video of the scene from their smartphones, were glad the manhunt for the accused Cleveland Facebook killer was over. They said they’d been worried about the safety of local children after first hearing Stephens might be in Erie.

Others were not afraid at all.
“Everyone was scared of this dude for no reason,” Melvon Heidelberg said.
Heidelberg, 21, of Erie, traveled to the scene from East Lake Road after his friend told him Stephens had been found.
“People get shot out here everyday,” he said. “In Erie, that’s how it is. It’s real out here. You gotta be careful.”
Another spectator, Lisa Jenkins, of Erie, said the city has enough problems already.
“We don’t need Cleveland’s,” said Jenkins, 47.

Erie police have confirmed the suicide in Erie on Tuesday of Steve Stephens, the Cleveland resident suspected of fatally shooting a Cleveland man on Sunday and posting video of the slaying on Facebook.

Stephens died of a self-inflicted gunshot wound while driving a white Ford Fusion near Buffalo Road and Downing Avenue around 11:10 a.m., police said.

State police were following the car as it headed west into Erie after leaving a nearby McDonald’s, police said.

The car, pointed west, is stopped in the westbound lane of Buffalo Road, across from the former Burton Elementary School, 1660 Buffalo Road. Police are blocking off the entire school grounds.

Erie police are also at the scene, with Erie County Coroner Lyell Cook and the FBI and Erie County District Attorney Jack Daneri.

Erie Mayor Joe Sinnott said early Tuesday afternoon that he did not have much information about the incident, but he expected to be briefed later in the day by Police Chief Don Dacus.

“Obviously when you’ve got a fugitive out there, you’re pleased to see it come to some quick resolution,” Sinnott said.

http://www.dailymail.co.uk/news/article-4422248/Family-man-shot-Facebook-killer-forgive-murderer.html

Latest Crime Statistics Released

Increase in Violent Crime, Decrease in Property Crime

Police Tape at Crime Scene (Stock Image)

Today, the FBI released its annual compilation of crimes reported to its Uniform Crime Reporting (UCR) Program by law enforcement agencies from around the nation. Crime in the United States, 2015 reveals a 3.9 percent increase in the estimated number of violent crimes and a 2.6 percent decrease in the estimated number of property crimes last year when compared to 2014 data.

According to the report, there were an estimated 1,197,704 violent crimes committed around the nation. While that was an increase from 2014 figures, the 2015 violent crime total was 0.7 percent lower than the 2011 level and 16.5 percent below the 2006 level.

Among some of the other statistics contained in Crime in the United States, 2015:

  • The estimated number of murders in the nation was 15,696.
  • During the year, there were an estimated 90,185 rapes. (This figure currently reflects UCR’s legacy definition. Learn more about the revised rape definition.)
  • There were an estimated 327,374 robberies nationwide, which accounted for an estimated $390 million in losses (average dollar value of stolen property per reported robbery was $1,190).
  • Firearms were used in 71.5 percent of the nation’s murders, 40.8 percent of robberies, and 24.2 percent of aggravated assaults.
  • Property crimes resulted in losses estimated at $14.3 billion. The total value of reported stolen property (i.e., currency, jewelry, motor vehicles, electronics, firearms) was $12,420,364,454.
Pie charts showing breakdown of violent crimes and property crimes from Crime in the United States, 2015 report.

In addition to national crime data, the publication also contains agency-level data, regional data, state totals, data from cities and counties grouped by populations, and statistics from certain metropolitan areas.

Crime in the United States, 2015 also features several smaller reports:

  • Federal Crime Data, the second report from UCR looking at crime reporting from federal agencies, includes 2015 data from FBI and ATF cases as well as traditional offense information from other federal agencies.
  • Human Trafficking, the third report from UCR’s Human Trafficking data collection, includes general content about human trafficking as well as data provided by agencies that reported human trafficking offenses in 2015.
  • Cargo Theft, the third report from UCR’s Cargo Theft data collection, contains general information about cargo theft and data provided by agencies that reported cargo theft violations during 2015.

Also included in Crime in the United States, 2015 is a message from Director James Comey on FBI efforts to improve the collection, analysis, and uses of crime statistics and data about law enforcement’s use of force, primarily through its ongoing shift to the more detailed National Incident-Based Reporting System (NIBRS) and a use-of-force database. Both, he said, will “give us a more complete, richer picture of crime in our communities, and a national and detailed picture of the ways we in law enforcement are using force.”

According to Comey, who cited the need for more transparency and accountability in law enforcement, “Information that is accurate, reliable, complete, and timely will help all of us learn where we have problems and how to get better.”

Resources:

Expanded Offense

Download Printable Document

Expanded offense data are the details of the various offenses that the Uniform Crime Reporting Program collects beyond the count of how many crimes law enforcement agencies report. These details may include the type of weapon used in a crime, type or value of items stolen, and so forth. For example, expanded homicide data provide supplemental details about murders, such as the age, sex, race, and ethnicity of both the victim and the offender, the weapon used in the homicide, the circumstances surrounding the offense, and the relationship of the victim to the offender. In addition to these types of details, expanded data include trends (for example, 2-year comparisons) and crime rates per 100,000 inhabitants.

Data collection

Expanded offense data, including expanded homicide data, are details collected in addition to the reports of the number of crimes known. As a result, law enforcement agencies can report an offense without providing the supplemental information about that offense.

Expanded data by offense

Murder

    • Trends (2-year): Tables 12, 13, and 14
    • Rates (per 100,000 inhabitants): Tables 16, 17, and 18
    • Weapons: Table 20

Expanded Homicide Data Tables 

    • Victim data: Expanded Homicide Data Tables 1, 2, 4, 5, 6, 9, 10, and 13
    • Offender data: Expanded Homicide Data Tables 3, 4, 5, and 6
    • Victim/offender relationship data: Expanded Homicide Data Tables 4, 5, and 6
    • Circumstance data: Expanded Homicide Data Tables 10, 11, 12, and 13
    • Weapons: Expanded Homicide Data Tables 7, 8, 9, 11, 14, 15, and Table 20
    • Justifiable Homicide data: Expanded Homicide Data Tables 14 and 15

Rape

    • Trends (2-year): Tables 12, 13, 14, and 15
    • Rates (per 100,000 inhabitants): Tables 16, 17, 18, and 19

Robbery

Aggravated assault

Burglary

    • Trends (2-year): Tables 12, 13, 14, and 15
    • Rates (per 100,000 inhabitants): Tables 16, 17, 18, and 19
    • Offense analysis (e.g., location type): Table 23

Larceny-theft

    • Trends (2-year): Tables 12, 13, and 14
    • Rates (per 100,000 inhabitants): Tables 16, 17, and 18
    • Offense analysis (e.g., type and value): Table 23
    • Larceny-theft type within region: Larceny-theft Table

Motor vehicle theft

Arson

Story 2: Breaking — Racist Black Muslim Kori Ali Muhammad,39, aka Black Jesus Kills Three Shouting “Allahu Akbar” (“God is great” in Arabic) — Pop, Bang, Boom — Camera Moves — Shot Spotter — Red Dot — Digital Justice — Videos —

 Image result for fresno shooter koriImage result for shot spotterImage result for fresno shooter kori

Fresno shooting 4-18-17 Kori Ali Muhammad screaming Ali Akbar!

Fresno Shooting Suspect Identified – Kori Ali Muhammad AKA Black Jesus

[youtu be=https://www.youtube.com/watch?v=7Zrcm-6-J1g]

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Fresno Shooting Spree: Three Dead After Gunman Opens Fire | NBC Nightly News

Police: Fresno Shootings Race-Related, But No Ties To Terrorist Groups

Shooting Spree in California Leaves Three People Dead

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At Issue In Brief #140102 “Shot Spotter — How It Works”

SST – ShotSpotter Overview

Uploaded on Oct 27, 2011

ShotSpotter is a family of acoustic gunshot detection, alert and analysis solutions developed by SST Inc. Gunshot data has a trickle-down effect that can provide immense value. Watch the video to learn how our real-time data helps law enforcement respond more intelligently and make communities safer. It is our mission and honor to serve our communities and their respective law enforcement agencies.

Published on Apr 18, 2017

Three people were shot to death in less than a minute at separate locations Tuesday in Fresno, California, authorities said. A fugitive wanted in a previous homicide was arrested at the scene.
The man, identified as Kori Ali Muhammad, 39, who investigators said used the alias “Black Jesus,” was arrested and was being held awaiting at least four counts of murder, Fresno Police Chief Jerry Dyer told reporters.In addition to the three people who were killed Tuesday, Muhammad had been wanted in connection with the shooting death of a security guard at a Motel 6 last Thursday, Dyer said.
At least 16 rounds were fired in less than a minute at four locations, including a Catholic Charities facility, where the gunman killed a man in the parking lot, Dyer said. None of the victims worked at the charity, he said.
While police said the gunman yelled “Allahu Akbar” (“God is great” in Arabic) during the incident, it was too early to say whether terrorism was a factor, Dyer said.

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Hate crime is suspected after a gunman kills 3 white men in downtown Fresno

Veronica Rocha , Joseph Serna, Diana Marcum and Hailey Branson-PottsContact Reporters

Kori Ali Muhammad told his family there was a war going on between blacks and whites in America.

On social media, he referred to white people as “devils.” Earlier in the year, he posted a rap album on YouTube replete with violent, explicit, racially-charged lyrics, including referring to himself in one song as a “black soldier.”

On Tuesday morning, police say Muhammad stalked the streets of downtown Fresno, fatally shooting three white men with a .357 revolver. Before surrendering to police, he allegedly shouted “Allahu akbar” and expressed hatred toward white people and the government, according to Fresno Police Chief Jerry Dyer.

Local authorities said they don’t believe the attack was an act of terrorism but are investigating it as a hate crime.

“If in fact he’s lashing out at white people — white males in this case — that would constitute a hate crime,” Dyer said. “We believe it is a hate crime, definitely a hate crime.”

The chief said investigators don’t believe Muhammad worked with anyone else in the attack, calling him “an individual that is filled with hate, filled with anger.”

The attack occurred over less than two minutes with Muhammad firing a total of 16 shots. Dyer said he surrendered to a responding officer without incident and later apologized to the chief.

In addition to Tuesday’s killings, police said Muhammad was suspected in the fatal shooting of a security guard, also a white male, last week.

Muhammad’s father, Vincent Taylor, told The Times on Tuesday that his son believed that he was part of an ongoing war between whites and blacks, and that “a battle was about to take place.”

The attack began at around 10:45 a.m. in the 300 block of North Van Ness Avenue. Within a few seconds, a second burst of gunfire was heard, then a third and a fourth. Sixteen rounds were fired in four locations, Dyer said.

After the shots were heard, Dyer said the driver of a PG&E truck arrived at the city’s police headquarters to report that a passenger had been shot by a gunman who had approached them on foot.

After firing at the truck passenger, Muhammad walked west on East Mildreda Avenue, where he came across a resident and opened fire, Dyer said, but missed his target.

Muhammad then continued walking on Mildreda and approached Fulton Street, where he fatally shot another man before reloading his weapon, Dyer said.

He then headed toward Catholic Charities in the 100 block of North Fulton Street and fired a second fatal volley of gunfire, killing a man in the parking lot.

An officer in the area spotted the gunman running south on Fulton. He then “dove onto the ground” and was taken into custody, the chief said.

“As he was taken into custody, he yelled out, ‘Allahu akbar,’ ” Dyer said.

“Allahu akbar” roughly translates to “God is great” in Arabic and is a common positive refrain uttered by Muslims in prayer or in celebration. But the phrase has also been linked to terrorist attacks. The gunman who killed 13 people in a terror attack at Fort Hood, Texas, screamed “Allahu akbar” as he opened fire in 2009, and the phrase is often tweeted by social media accounts sympathetic to Islamic State and other terror groups.

The victims in Tuesday’s attack were not immediately identified. In a statement released last week, Fresno police said Muhammad was believed to have shot and killed Carl Williams, an unarmed 25-year-old security guard, outside of a Motel 6 on North Blackstone Avenue on Thursday.

Muhammad did not make any references to race during last week’s attack, according to Dyer, who said investigators will need time to determine the exact motive in the shootings.

“There was no statement made on Thursday night when he shot the security guard and killed him,” Dyer said. “There was no comments or no statements made at that time, so I am not certain why he said what he said today.”

Muhammad legally changed his name from Kori Taylor when he was a teenager, according to his grandmother, Glenestene Taylor, who said Muhammad was acting strangely when he visited her Sunday. He was crying, but she believed he was simply going out of town.

“I thought that’s why he’s upset, because he thinks of me as a mother,” said Taylor, 81. “He’s always telling me, ‘I’ll take care of it. I’ll protect you. Don’t you worry about it.’ He really didn’t want to go but he was going.”

A Facebook profile page for a Kori Ali Muhammad from Fresno paid homage to black pride and black nationalism, with images of the red, green and black Pan-African flag and a raised fist.

The rambling profile includes militant and apocalyptic language and repeated demands to “let black people go.” He referenced “white devils” and praised melanoma skin cancer.

On Saturday afternoon, Muhammad posted a photo of himself in a colorful garment, with his head covered, and the words: “LET BLACK PEOPLE GO OR THE DOOM INCREASES REPARATIONS & SEPARATION NOW.”

On Monday he wrote: “MY KILL RATE INCRESASES TREMENDOUSLY ON THE OTHER SIDE ASÈ ALLAH U AKBAR.”

Brian Levin, director of Cal State San Bernardino’s Center for the Study of Hate and Extremism, said many of Muhammad’s social media postings make reference to terms used by the Nation of Islam, which has been labeled a racist hate group by the Southern Poverty Law Center. Pointing to Muhammad’s repeated references to “white devils” and “Yakub” — the villainous figure responsible for creating white people, according to Nation of Islam lore — Levin said it is likely Muhammad thought he was taking part in a race war against whites.

“We’re living in an era of violent reciprocal prejudice, and there are references on his website to Fard Muhammad, the founder of Nation of Islam, and Nation of Islam uses the term white devils quite prolifically, as did this shooter,” Levin said.

Muhammad also repeatedly used the phrase “Black Dragon Lion Hawk” in his Facebook posts, and Levin said such nods to warrior culture are also common in black separatist circles.

But Glenestene Taylor said she didn’t remember her grandson showing a racial bias, toward whites or anyone else, in all his years staying with her or during countless visits to her predominately white Fresno neighborhood.

“He would say something derogatory about anybody, didn’t matter about the color,” she said. “If he didn’t like what they did, he didn’t like what they did no matter the color.”

Muhammad had run afoul of Fresno police before. He was indicted by a federal grand jury in February 2005 for possession of cocaine with intent to distribute, possession of a firearm for drug trafficking and possession of a firearm by a convicted felon, after a Fresno police officer searched his car and found two large bags of cocaine, a loaded handgun and two rifles, court records show. A federal judge later declared Muhammad mentally incompetent to stand trial.

He was deemed competent in August 2006 and pleaded guilty to the charges of cocaine possession with intent to distribute and a weapons charge. He ultimately served 92 months in federal prison, records show.

Hours after the shootings Tuesday, two shaken workers at the Catholic charity said they had ducked under yellow police tape to get out.

They said they were told not to talk to the news media. But one, a Vietnam veteran, said a person never forgets the sound of guns. He said that the charity gives away food every day and that families are allowed to come only once a week.

“We feed a lot of children, so we have to make sure that the food gets spread around,” he said.

“This is a sad day for us all. My thoughts and prayers are with the families of the victims,” Fresno Mayor Lee Brand said in a statement. “None of us can imagine what they must be going through.”

Vincent Taylor said he hopes his son’s capture headed off any future bloodshed.

“I’m happy he was arrested,” he said. “I would hope that whatever Kori tells [police,] they take him seriously and they start following up.”

http://www.latimes.com/local/lanow/la-me-fresno-shooting-20170418-story.html

Dr John Lott, “More Guns Less Crime” Northwest Business Club 6-12-2013

John Lott Presentation: Do Gun-Free Zones Make us Safer?

Three dead in central Fresno shooting spree; suspect caught, linked to Motel 6 slaying

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The Pronk Pops Show 865, March 31, 2017, Story 1: Conservative and Libertarian Talk Radio Could Turn On Trump For Attacking Freedom Caucus and Failure To Completely Repeal Obamacare By Law (Statute) Not Discretion of Secretary of Health and Human Services Dr. Thomas Price — Establishment Republican House Speaker Ryan’s Bad Faith, Bad Process, Bad Bill — Socialized Medicine Obamacare Lite vs. Good Faith, Good Process, Good Bill — Free Enterprise Market Capitalism Competitive Health Insurance Premiums and Deductibles Decreases! — Close The Deal Mr. President — Videos — Story 2: Obama Administration Spied On American Citizens Including Trump and Trump Team — Obama Scandal Far Worse Than Nixon’s Cover-up of Watergate Break-in — Legacy Fading Fast — Grand Jury Should Be Impaneled Now! — Videos

Posted on March 31, 2017. Filed under: American History, Applications, Blogroll, Breaking News, Business, Communications, Computers, Congress, Consitutional Law, Countries, Crime, Culture, Donald J. Trump, Donald Trump, Economics, Education, Empires, Employment, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Fourth Amendment, Freedom of Speech, Government, Government Dependency, Government Spending, Hardware, Health, Health Care, Health Care Insurance, High Crimes, History, House of Representatives, Human, Independence, Insurance, Investments, Language, Law, Life, Media, Medicare, Mike Pence, National Security Agency, News, Nixon, Obama, Philosophy, Photos, Politics, Polls, President Barack Obama, Progressives, Radio, Raymond Thomas Pronk, Regulation, Rule of Law, Scandals, Second Amendment, Security, Senate, Servers, Social Networking, Social Security, Software, Spying, Surveillance and Spying On American People, Terror, Terrorism, Unemployment, United States Constitution, United States of America, Welfare Spending | Tags: , , , , , , , , , , , , , , , , , |

 

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Story 1: Conservative and Libertarian Talk Radio Could Turn On Trump For Attacking Freedom Caucus and Failure To Completely Repeal Obamacare By Law (Statute) Not Discretion of Secretary of Health and Human Services Dr. Thomas Price — Establishment Republican House Speaker Ryan’s Bad Faith, Bad Process, Bad Bill — Socialized Medicine Obamacare Lite  vs. Good Faith, Good Process, Good Bill — Free Enterprise Market Capitalism Competitive Health Insurance Premiums and Deductibles Decreases! — Close The Deal Mr. President — Videos —

 

“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,”

 Image result for trump tweet freedom caususImage result for Trump on freedom caucus ring leaders

Image result for cartoons obama spyied on trump

Image result for obama spied on trump

Limbaugh on Trump’s Shots at Freedom Caucus: These Guys Are Not the Enemy — Dems Are the Enemy

Laura Ingraham: ‘Really Unhelpful’ to Trump’s Agenda for Him to Be Slamming House Freedom Caucus

Hannity 3⁄31⁄17 ¦ HANNITY Fox News March 31, 2017

Laura Ingraham: Trump’s Attacks on Freedom Caucus ‘Ridiculous’

Hannity: Freedom Caucus not to blame for health care failure

Newt Gingrich outlines why GOP health care bill failed

Freedom Caucus Jim Jordan: Ryan’s Legislation Doesn’t Lower Premiums For Americans!

Rep. Mo Brooks Files A Bill To Repeal Obamacare

Published on Mar 27, 2017

On the same day that the House of Representatives canceled its vote on Ryancare, Alabama Rep. Mo Brooks filed a simple one-line bill to repeal Obama’s signature health care law.
The Huntsville Republican titled the bill ‘Obamacare Repeal Act.” It is short and to the point, AI.com reported.
“Effective as of Dec. 31, 2017, the Patient Protection and Affordable Care Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted,” the bill reads.
Brooks, a member of the House Freedom Caucus, told constituents last week that he was a “no” vote on the Obamacare repeal/replace bill offered by Republican Speaker of the House Paul Ryan.
Also last week, in an interview with SiriusXM host Alex Marlow, Brooks called the Speaker’s bill “a horrible replacement bill.”

Rep. Brooks: We need a bill that repeals Obamacare

Rep. Mo Brooks: ‘Deceptive’ to call GOP’s plan a repeal of Obamacare

Donald Trump THREATENS The Freedom Caucus, said Rush Limbaugh

SEAN SPICER ON TRUMP’S ANTI FREEDOM CAUCUS TWEET

Rand Paul: 75 Percent Chance We Repeal Obamacare

Ep. 239: Trump Needs To Lead Not Oppose The Freedom Caucus

Employers Will Cut Wages and Workers to Pay for Obamacare Premiums

News Wrap: Trump takes aim at the Freedom Caucus

SMOKING GUN Devastating New Email Released, Look What Obama’s Caught Ordering His Spy Ring To Do

The House Freedom Caucus: What You Need To Know | TIME

Wh On Changes Of President Trump Working With House Freedom Caucus Again: It Depends – Cavuto

Mark Levin Interviews Freedom Caucus Chair Mark Meadows

Is The House Freedom Caucus Unwilling to take “Yes” For an Answer?

Freedom Caucus’s reasonable demand on Obamacare repeal

Poll: Just 17 percent of voters back ObamaCare repeal plan

 

Poll: Just 17 percent of voters back ObamaCare repeal plan

A majority of American voters oppose the Republicans’ plan to repeal and replace ObamaCare, while very few voters support it, a new poll finds.

A poll published Thursday by Quinnipiac University found that 56 percent of voters disapprove of the GOP healthcare plan, while just 17 percent support it.

Even among Republicans, only 41 percent support the American Health Care Act, while 24 percent oppose it. And 80 percent of Democrats and 58 percent of Independent voters disapprove of the plan.

Republicans are scrambling to shore up support for the repeal-and-replace bill ahead of an expected House vote later Thursday. President Trump is meeting with members of the conservative Freedom Caucus, who are seeking a number of changes to the bill in exchange for their support.But centrist Republicans are fleeing from the bill as it changes to fit the conservatives’ desires, complicating efforts to get the bill passed in the House.

The poll found that 46 percent of voters say they will be less likely to vote for their Congressional representative if they vote to approve the GOP health insurance plan.

The Quinnipiac University poll was conducted from March 16 to 21 and surveyed 1,056 voters. The margin of error is 3 percentage points.

http://thehill.com/policy/healthcare/325448-poll-majority-of-voters-disapprove-of-gop-obamacare-repeal-plan

 

Essential health benefits

From Wikipedia, the free encyclopedia

In the context of health care in the United States, essential health benefits (EHBs) are a set of benefits that certain health insurance plans are required to cover for patients.[1]

Essential health benefits must be offered by health plans in individual and small group markets, both inside and outside of the Health Insurance Marketplace.[2][3] Large-group health plans, self-insured ERISA plans, and ERISA-governed multiemployer welfare arrangements not subject to state insurance law are exempt from the EHB requirement.[4]

Essential health benefits

The ACA sets forth the following ten categories of essential health benefits,[5][6] at Section 1302(b)(1) of the Affordable Care Act, codified at 42 U.S.C. § 18022(b):[7]

  1. Ambulatory patient services. [outpatient care]
  2. Emergency services.
  3. Hospitalization. [inpatient care]
  4. Maternity and newborn care
  5. Mental health and substance use disorder services, including behavioral health treatment.
  6. Prescription drugs.
  7. Rehabilitative and habilitative services and devices.
  8. Laboratory services
  9. Preventive and wellness services and chronic disease management;
  10. Pediatric services, including oral and vision care.

The essential health benefits are a minimum standard: “Qualified health plans are not barred from offering additional benefits, and states may require that qualified health plans sold in state health insurance exchanges also cover state-mandated benefits.”[8]

The ACA’s list of essential health benefits is defined in terms of ten broad classes.[9] The act gives “considerable discretion” to the Secretary of Health and Human Services to determine, through regulation, what specific services within these classes are essential. However, the Act provides certain parameters for the secretary to consider. The secretary (1) must “ensure that such essential health benefits reflect an appropriate balance among the categories … so that benefits are not unduly weighted toward any category”; (2) may “not make coverage decisions, determine reimbursement rates, establish incentive programs, or design benefits in ways that discriminate against individuals because of their age, disability, or expected length of life”; (3) must take into account “the health care needs of diverse segments of the population, including women, children, persons with disabilities, and other groups”; and (4) must ensure that essential benefits “not be subject to denial to individuals against their wishes on the basis of the individuals’ age or expected length of life or the individuals’ present or predicted disability, degree of medical dependency, or quality of life.”[10]

According to a Commonwealth Fund report in 2011:

As it stands, federal regulations for 2014 and 2015 do not establish a single, nationally uniform package of health services. Instead, the U.S. Department of Health and Human Services (HHS) gave states discretion to determine the specific benefits they deem essential. This approach was well-received by many state officials, who valued the opportunity to tailor benefit standards to reflect state priorities, and by insurers, who retained more control over benefit design. Groups representing consumers and providers were less supportive, however, expressing concern that the degree of flexibility found in the rules undermines the law’s promise of consistent, meaningful coverage.[11]

History

Coverage of essential health benefits was first required by the Patient Protection and Affordable Care Act (PPACA or ACA) of 2010, which was a major piece of health care reform legislation.[1] The EHB provisions of the ACA was an amendment to the Public Health Service Act.[12]

Dr. Shana Alex Lavarreda, the director of health insurance studies for the UCLA Center for Health Policy Research, explains that before the ACA’s passage, U.S. health insurance sector experienced “a race to the bottom, with insurers cutting benefits to lower premiums.”[1] The establishment of essential health benefits “set a standard for insurance. Anything below that is not true health insurance.”[1] The EHB requirement came into effect on January 1, 2014.[1]

Revision and repeal of essential health benefits coverage was proposed in the Republican part American Health Care Act of 2017.[13] House Freedom Caucus members lobbied during legislation discussion with House Speaker Paul Ryan to remove EHBs as a condition for approval of the AHCA bill.[14]

Comparison with minimum essential coverage

Essential health benefits should not be confused with minimum essential coverage (MEC). MEC is the minimum amount of coverage that an individual must carry to meet the individual health insurance mandate, while EHBs are a set of benefits that qualified health plans (QHPs) must offer.[15] MEC is a low threshold; many forms of coverage that do not provide essential health benefits are nevertheless considered minimum essential coverage.[15]

Notes

  1. ^ Jump up to:a b c d e Frank Lalli, The Health Care Law’s 10 Essential Benefits: The Affordable Care Act ensures you’ll have access to these medical and wellness services, AARP The Magazine (August/September 2013).
  2. Jump up^ Essential Health Benefits, HealthCare.gov (accessed November 12, 2015).
  3. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 2.
  4. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  5. Jump up^ 10 health care benefits covered in the Health Insurance Marketplace, HealthCare.gov (accessed November 12, 2015).
  6. Jump up^ Alexandra Ernst, 10 Essential Health Benefits Insurance Plans Must Cover Starting in 2014, FamiliesUSA (March 28, 2013).
  7. Jump up^ 42 U.S. Code § 18022 – Essential health benefits requirements
  8. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  9. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 3.
  10. Jump up^ Rosenbaum, Teitelbaum & Hayes, pp. 3-4
  11. Jump up^ Giovannelli, Lucia & Corlette, p. 2.
  12. Jump up^ Rosenbaum, Teitelbaum & Hayes, p. 2.
  13. Jump up^ “Republicans may gut an overlooked provision of Obamacare — and disrupt health insurance”. Business Insider. Retrieved 2017-03-26.
  14. Jump up^ Luhby, Tami. “Essential Health Benefits and why they matter”. CNN. Retrieved 2017-03-26.
  15. ^ Jump up to:a b Susan Grassli & Lisa Klinger, Understanding the Difference between Minimum Essential Coverage, Essential Health Benefits, Minimum Value, and Actuarial Value, Leavitt Group (January 27, 2014).

Sources

External links

Patient Protection and Affordable Care Act

From Wikipedia, the free encyclopedia
Patient Protection and Affordable Care Act
Great Seal of the United States
Long title The Patient Protection and Affordable Care Act
Acronyms(colloquial) PPACA, ACA
Nicknames Affordable Care Act, Health Insurance Reform, Healthcare Reform, Obamacare
Enacted by the 111th United States Congress
Effective March 23, 2010; 7 years ago
Most major provisions phased in by January 2014; remaining provisions phased in by 2020
Citations
Public law 111–148
Statutes at Large 124 Stat.119through 124 Stat.1025(906 pages)
Legislative history
  • Introduced in the Houseasthe “Service Members Home Ownership Tax Act of 2009” (H.R. 3590) byCharles Rangel (DNY) on September 17, 2009
  • Committee consideration byWays and Means
  • Passed the House on October 8, 2009 (416–0)
  • Passed the Senate as the “Patient Protection and Affordable Care Act” on December 24, 2009 (60–39) with amendment
  • House agreed to Senate amendment on March 21, 2010 (219–212)
  • Signed into law by PresidentBarack Obamaon March 23, 2010
Major amendments
Health Care and Education Reconciliation Act of 2010
Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011
United States Supreme Court cases
National Federation of Independent Business v. Sebelius
Burwell v. Hobby Lobby
King v. Burwell

The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) and nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by PresidentBarack Obama on March 23, 2010. Under the act, hospitals and primary physicians would transform their practices financially, technologically, and clinically to drive better health outcomes, lower costs, and improve their methods of distribution and accessibility.

The Affordable Care Act was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage and reduce the costs of healthcare. It introduced mechanisms including mandates, subsidies and insurance exchanges.[1][2] The law requires insurers to accept all applicants, cover a specific list of conditions and charge the same rates regardless of pre-existing conditions or sex.[3]

The ACA has caused a significant reduction in the number and percentage of people without health insurance, with estimates ranging from 20-24 million additional persons covered during 2016.[4][5] Increases in overall healthcare spending have slowed since the law was implemented, including premiums for employer-based insurance plans.[6] The Congressional Budget Office reported in several studies that the ACA would reduce the budget deficit, and that repealing it would increase the deficit.[7][8]

As implementation began, first opponents, then others, and finally the president himself adopted the term “Obamacare” to refer to the ACA.[9]

The law and its implementation faced challenges in Congress and federal courts, and from some state governments, conservativeadvocacy groups, labor unions, and small business organizations. The United States Supreme Court upheld the constitutionality of the ACA’s individual mandate as an exercise of Congress’s taxing power,[10]found that states cannot be forced to participate in the ACA’s Medicaid expansion,[11][12][13] and found that the law’s subsidies to help individuals pay for health insurance are available in all states, not just in those that have set up state exchanges.[14]

Together with the Health Care and Education Reconciliation Act amendment, it represents the U.S. healthcare system‘s most significant regulatory overhaul and expansion of coverage since the passage of Medicare and Medicaid in 1965.[15][16][17][18]

Contents

 [show] 

Provisions

The President and White House Staff react to the House of Representatives passing the bill on March 21, 2010.

The ACA includes provisions to take effect between 2010 and 2020, although most took effect on January 1, 2014. Few areas of the US health care system were left untouched, making it the most sweeping health care reform since the enactment of Medicare and Medicaid in 1965.[15][16][17][19][18] However, some areas were more affected than others. The individual insurance market was radically overhauled, and many of the law’s regulations applied specifically to this market,[15] while the structure of Medicare, Medicaid, and the employer marketwere largely retained.[16] Most of the coverage gains were made through the expansion of Medicaid,[20] and the biggest cost savings were made in Medicare.[16] Some regulations applied to the employer market, and the law also made delivery system changes that affected most of the health care system.[16] Not all provisions took full effect. Some were made discretionary, some were deferred, and others were repealed before implementation.

Individual insurance

Guaranteed issue prohibits insurers from denying coverage to individuals due to pre-existing conditions. States were required to ensure the availability of insurance for individual children who did not have coverage via their families.

States were required to expand Medicaid eligibility to include individuals and families with incomes up to 133% of the federal poverty level, including adults without disabilities or dependent children.[21] The law provides a 5% “income disregard”, making the effective income eligibility limit for Medicaid 138% of the poverty level.[22]

The State Children’s Health Insurance Program (CHIP) enrollment process was simplified.[21]

Dependents were permitted to remain on their parents’ insurance plan until their 26th birthday, including dependents that no longer live with their parents, are not a dependent on a parent’s tax return, are no longer a student, or are married.[23][24]

Among the groups who remained uninsured were:

  • Illegal immigrants, estimated at around 8 million—or roughly a third of the 23 million projection—are ineligible for insurance subsidies and Medicaid.[25][26] They remain eligible for emergency services.
  • Eligible citizens not enrolled in Medicaid.[27]
  • Citizens who pay the annual penalty instead of purchasing insurance, mostly younger and single.[27]
  • Citizens whose insurance coverage would cost more than 8% of household income and are exempt from the penalty.[27]
  • Citizens who live in states that opt out of the Medicaid expansion and who qualify for neither existing Medicaid coverage nor subsidized coverage through the states’ new insurance exchanges.[28]

Subsidies

Households with incomes between 100% and 400% of the federal poverty level were eligible to receive federal subsidies for policies purchased via an exchange.[29][30] Subsidies are provided as an advanceable, refundable tax credit[31][32] Additionally, small businesses are eligible for a tax credit provided that they enroll in the SHOP Marketplace.[33] Under the law, workers whose employers offer affordable coverage will not be eligible for subsidies via the exchanges. To be eligible the cost of employer-based health insurance must exceed 9.5% of the worker’s household income.

Subsidies (2014) for Family of 4[34][35][36][37][38]
Income % of federal poverty level Premium Cap as a Share of Income Incomea Max Annual Out-of-Pocket Premium Premium Savingsb Additional Cost-Sharing Subsidy
133% 3% of income $31,900 $992 $10,345 $5,040
150% 4% of income $33,075 $1,323 $9,918 $5,040
200% 6.3% of income $44,100 $2,778 $8,366 $4,000
250% 8.05% of income $55,125 $4,438 $6,597 $1,930
300% 9.5% of income $66,150 $6,284 $4,628 $1,480
350% 9.5% of income $77,175 $7,332 $3,512 $1,480
400% 9.5% of income $88,200 $8,379 $2,395 $1,480
a.^ Note: In 2014, the FPL was $11,800 for a single person and $24,000 for family of four.[39][40] See Subsidy Calculator for specific dollar amount.[41] b.^ DHHS and CBO estimate the average annual premium cost in 2014 would have been $11,328 for a family of 4 without the reform.[36]

Premiums were the same for everyone of a given age, regardless of preexisting conditions. Premiums were allowed to vary by enrollee age, but those for the oldest enrollees (age 45-64 average expenses $5,542) could only be three times as large as those for adults (18-24 $1,836).[42]

Mandates

Individual

The individual mandate[43] is the requirement to buy insurance or pay a penalty for everyone not covered by an employer sponsored health plan, Medicaid, Medicare or other public insurance programs (such as Tricare). Also exempt were those facing a financial hardship or who were members in a recognized religious sect exempted by the Internal Revenue Service.[44]

The mandate and the limits on open enrollment[45][46] were designed to avoid the insurance death spiral in which healthy people delay insuring themselves until they get sick. In such a situation, insurers would have to raise their premiums to cover the relatively sicker and thus more expensive policies,[43][47][48] which could create a vicious cycle in which more and more people drop their coverage.[49]

The purpose of the mandate was to prevent the healthcare system from succumbing to adverse selection, which would result in high premiums for the insured and little coverage (and thus more illness and medical bankruptcy) for the uninsured.[47][50][51] Studies by the CBO, Gruber and Rand Health concluded that a mandate was required.[52][53][54] The mandate increased the size and diversity of the insured population, including more young and healthy participants to broaden the risk pool, spreading costs.[55] Experience in New Jersey and Massachusetts offered divergent outcomes.[50][53][56]

Business

Businesses that employ 50 or more people but do not offer health insurance to their full-time employees pay a tax penalty if the government has subsidized a full-time employee’s healthcare through tax deductions or other means. This is commonly known as the employer mandate.[57][58] This provision was included to encourage employers to continue providing insurance once the exchanges began operating.[59] Approximately 44% of the population was covered directly or indirectly through an employer.[60][61]

Excise taxes

Excise taxes for the Affordable Care Act raised $16.3 billion in fiscal year 2015 (17% of all excise taxes collected by the Federal Government). $11.3 billion was an excise tax placed directly on health insurers based on their market share. The ACA was going to impose a 40% “Cadillac tax” on expensive employer sponsored health insurance but that was postponed until 2018. Annual excise taxes totaling $3 billion were levied on importers and manufacturers of prescription drugs. An excise tax of 2.3% on medical devices and a 10% excise tax on indoor tanning services were applied as well.[62]

Insurance standards

Essential health benefits

The National Academy of Medicine defined the law’s “essential health benefits” as “ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care”[63][64][65][66][67][68][69] and others[70] rated Level A or B by the U.S. Preventive Services Task Force.[71] In determining what would qualify as an essential benefit, the law required that standard benefits should offer at least that of a “typical employer plan”.[68] States may require additional services.[72]

Contraceptives

One provision in the law mandates that health insurance cover “additional preventive care and screenings” for women.[73] The guidelines mandate “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity”.[74] This mandate applies to all employers and educational institutions except for religious organizations.[75][76] These regulations were included on the recommendations of the Institute of Medicine.[77][78]

Risk management

ACA provided three ways to control risk for insurers in the individual and business markets: temporary reinsurance, temporary risk corridors, and permanent risk adjustment.

Risk corridor program

The risk-corridor program was a temporary risk management device defined under the PPACA section 1342[79]:1 to encourage reluctant insurers into the “new and untested” ACA insurance market during the first three years that ACA was implemented (2014-2016). For those years the Department of Health and Human Services (HHS) “would cover some of the losses for insurers whose plans performed worse than they expected. Insurers that were especially profitable, for their part, would have to return to HHS some of the money they earned on the exchanges”[80][81] According to an article in Forbes, risk corridors “had been a successful part of the Medicare prescription drug benefit, and the ACA’s risk corridors were modeled after Medicare’s Plan D.”[82] They operated on the principle that “more participation would mean more competition, which would drive down premiums and make health insurance more affordable” and “[w]hen insurers signed up to sell health plans on the exchanges, they did so with the expectation that the risk-corridor program would limit their downside losses.”[80] The risk corridors succeeded in attracting ACA insurers. The program did not pay for itself as planned with “accumulated losses” up to $8.3 billion for 2014 and 2015 alone. Authorization had to be given so that HHS could pay insurers from “general government revenues”. Congressional Republicans “railed against” the program as a ‘bailout’ for insurers. Then-Rep. Jack Kingston (R-Ga.), on the Appropriations Committee that funds the Department of Health and Human Services and the Labor Department “[slipped] in a sentence” — Section 227 — in the “massive” appropriationsConsolidated Appropriations Act, 2014 (H.R. 3547) that said that no funds in the discretionary spending bill “could be used for risk-corridor payments.” This effectively “blocked the administration from obtaining the necessary funds from other programs”[83] and placed Congress in a potential breach of contract with insurers who offered qualified health plans, under the Tucker Act[79] as it did not pay the insurers.[84][84] On February 10, 2017, in the Moda Health v the US Government, Moda, one of the insurers that struggled financially because of the elimination of the risk corridor program, won a “$214-million judgment against the federal government”. Justice Thomas C. Wheeler stated, “the Government “made a promise in the risk corridors program that it has yet to fulfill. Today, the court directs the Government to fulfill that promise. After all, ‘to say to [Moda], ‘The joke is on you. You shouldn’t have trusted us,’ is hardly worthy of our great government.”[85]

Temporary reinsurance

Temporary reinsurance for insurance for insurers against unexpectedly high claims was a program that ran from 2014 through 2016. It was intended to limit insurer losses.[citation needed]

Risk adjustment

Of the three risk management programs, only risk adjustment was permanent. Risk adjustment attempts to spread risk among insurers to prevent purchasers with good knowledge of their medical needs from using insurance to cover their costs (adverse selection). Plans with low actuarial risk compensate plans with high actuarial risk.[citation needed]

Other provisions

In 2012 Senator Sheldon Whitehouse created this summary to explain his view on the act.

The ACA has several other provisions:

  • Annual and lifetime coverage caps on essential benefits were banned.[86][87]
  • Prohibits insurers from dropping policyholders when they get sick.[88]
  • All health policies sold in the United States must provide an annual maximum out of pocket (MOOP) payment cap for an individual’s or family’s medical expenses (excluding premiums). After the MOOP payment cap is reached, all remaining costs must be paid by the insurer.[89]
  • A partial community rating requires insurers to offer the same premium to all applicants of the same age and location without regard to gender or most pre-existing conditions (excluding tobacco use).[90][91][92] Premiums for older applicants can be no more than three times those for the youngest.[93]
  • Preventive care, vaccinations and medical screenings cannot be subject to co-payments, co-insurance or deductibles.[94][95][96] Specific examples of covered services include: mammograms and colonoscopies, wellness visits, gestational diabetes screening, HPV testing, STI counseling, HIV screening and counseling, contraceptive methods, breastfeeding support/supplies and domestic violence screening and counseling.[97]
  • The law established four tiers of coverage: bronze, silver, gold and platinum. All categories offer the essential health benefits. The categories vary in their division of premiums and out-of-pocket costs: bronze plans have the lowest monthly premiums and highest out-of-pocket costs, while platinum plans are the reverse.[68][98] The percentages of health care costs that plans are expected to cover through premiums (as opposed to out-of-pocket costs) are, on average: 60% (bronze), 70% (silver), 80% (gold), and 90% (platinum).[99]
  • Insurers are required to implement an appeals process for coverage determination and claims on all new plans.[88]
  • Insurers must spend at least 80–85% of premium dollars on health costs; rebates must be issued to policyholders if this is violated.[100][101]

Exchanges

Established the creation of health insurance exchanges in all fifty states. The exchanges are regulated, largely online marketplaces, administered by either federal or state government, where individuals and small business can purchase private insurance plans.[102][103][104]

Setting up an exchange gives a state partial discretion on standards and prices of insurance.[105][106] For example, states approve plans for sale, and influence (through limits on and negotiations with private insurers) the prices on offer. They can impose higher or state-specific coverage requirements—including whether plans offered in the state can cover abortion.[107] States without an exchange do not have that discretion. The responsibility for operating their exchanges moves to the federal government.[105]

State waivers

From 2017 onwards, states can apply for a “waiver for state innovation” that allows them to conduct experiments that meet certain criteria.[108] To obtain a waiver, a state must pass legislation setting up an alternative health system that provides insurance at least as comprehensive and as affordable as ACA, covers at least as many residents and does not increase the federal deficit.[109] Such states can exempt states from some of ACA’s central requirements, including the individual and employer mandates and the provision of an insurance exchange.[110] The state would receive compensation equal to the aggregate amount of any federal subsidies and tax credits for which its residents and employers would have been eligible under ACA plan, if they cannot be paid out due to the structure of the state plan.[108]

In May 2011, Vermont enacted Green Mountain Care, a state-based single-payer system for which they intended to pursue a waiver to implement.[111][112][113] In December 2014, Vermont decided not to continue due to high expected costs.[114]

Accountable Care Organizations

The Act allowed the creation of Accountable Care Organizations (ACOs), which are groups of doctors, hospitals and other providers that commit to give coordinated, high quality care to Medicare patients. ACOs were allowed to continue using a fee for service billing approach. They receive bonus payments from the government for minimizing costs while achieving quality benchmarks that emphasize prevention and mitigating chronic disease. If they fail to do so, they are subject to penalties.[115]

Unlike Health Maintenance Organizations, ACO patients are not required to obtain all care from the ACO. Also, unlike HMOs, ACOs must achieve quality of care goals.[115]

Others

Legislative history

President Obama signing the Patient Protection and Affordable Care Act on March 23, 2010

Background

An individual mandate coupled with subsidies for private insurance as a means for universal healthcare was considered the best way to win the support of the Senate because it had been included in prior bipartisan reform proposals. The concept goes back to at least 1989, when the conservativeHeritage Foundation proposed an individual mandate as an alternative to single-payer health care.[125] It was championed for a time by conservative economists and Republican senators as a market-based approach to healthcare reform on the basis of individual responsibility and avoidance of free rider problems. Specifically, because the 1986 Emergency Medical Treatment and Active Labor Act (EMTALA) requires any hospital participating in Medicare (nearly all do) to provide emergency care to anyone who needs it, the government often indirectly bore the cost of those without the ability to pay.[126][127][128]

President Bill Clintonproposed a healthcare reform bill in 1993 that included a mandate for employers to provide health insurance to all employees through a regulated marketplace of health maintenance organizations. Republican Senators proposed an alternative that would have required individuals, but not employers, to buy insurance.[127]Ultimately the Clinton plan failed amid an unprecedented barrage of negative advertising funded by politically conservative groups and the health insurance industry and due to concerns that it was overly complex.[129] Clinton negotiated a compromise with the 105th Congress to instead enact the State Children’s Health Insurance Program (SCHIP) in 1997.[130]

John Chafee

The 1993 Republican alternative, introduced by Senator John Chafee as the Health Equity and Access Reform Today Act, contained a “universal coverage” requirement with a penalty for noncompliance—an individual mandate—as well as subsidies to be used in state-based ‘purchasing groups’.[131] Advocates for the 1993 bill included prominent Republicans such as Senators Orrin Hatch, Chuck Grassley, Bob Bennett and Kit Bond.[132][133] Of 1993’s 43 Republican Senators, 20 supported the HEART Act.[125][134] Another Republican proposal, introduced in 1994 by Senator Don Nickles (R-OK), the Consumer Choice Health Security Act, contained an individual mandate with a penalty provision;[135] however, Nickles subsequently removed the mandate from the bill, stating he had decided “that government should not compel people to buy health insurance”.[136] At the time of these proposals, Republicans did not raise constitutional issues with the mandate; Mark Pauly, who helped develop a proposal that included an individual mandate for George H. W. Bush, remarked, “I don’t remember that being raised at all. The way it was viewed by the Congressional Budget Office in 1994 was, effectively, as a tax.”[125]

Mitt Romney’s Massachusetts went from 90% of its residents insured to 98%, the highest rate in the nation.[137]

In 2006, an insurance expansion bill was enacted at the state level in Massachusetts. The bill contained both an individual mandate and an insurance exchange. Republican Governor Mitt Romney vetoed the mandate, but after Democrats overrode his veto, he signed it into law.[138] Romney’s implementation of the ‘Health Connector’ exchange and individual mandate in Massachusetts was at first lauded by Republicans. During Romney’s 2008 presidential campaign, Senator Jim DeMint praised Romney’s ability to “take some good conservative ideas, like private health insurance, and apply them to the need to have everyone insured”. Romney said of the individual mandate: “I’m proud of what we’ve done. If Massachusetts succeeds in implementing it, then that will be the model for the nation.”[139]

In 2007, a year after the Massachusetts reform, Republican Senator Bob Bennett and Democratic Senator Ron Wyden introduced the Healthy Americans Act, which featured an individual mandate and state-based, regulated insurance markets called “State Health Help Agencies”.[128][139] The bill initially attracted bipartisan support, but died in committee. Many of the sponsors and co-sponsors remained in Congress during the 2008 healthcare debate.[140]

By 2008 many Democrats were considering this approach as the basis for healthcare reform. Experts said that the legislation that eventually emerged from Congress in 2009 and 2010 bore similarities to the 2007 bill[131] and that it was deliberately patterned after Romney’s state healthcare plan.[141]

Healthcare debate, 2008–10

Healthcare reform was a major topic during the 2008 Democratic presidential primaries. As the race narrowed, attention focused on the plans presented by the two leading candidates, Hillary Clinton and the eventual nominee, Barack Obama. Each candidate proposed a plan to cover the approximately 45 million Americans estimated to not have health insurance at some point each year. Clinton’s proposal would have required all Americans to obtain coverage (in effect, an individual mandate), while Obama’s proposal provided a subsidy but rejected the use of an individual mandate.[142][143]

During the general election, Obama said that fixing healthcare would be one of his top four priorities as president.[144] Obama and his opponent, Sen. John McCain, proposed health insurance reforms though they differed greatly. Senator John McCain proposed tax credits for health insurance purchased in the individual market, which was estimated to reduce the number of uninsured people by about 2 million by 2018. Obama proposed private and public group insurance, income-based subsidies, consumer protections, and expansions of Medicaid and SCHIP, which was estimated at the time to reduce the number of uninsured people by 33.9 million by 2018.[145]

President Obama addressing Congress regarding healthcare reform, September 9, 2009

After his inauguration, Obama announced to a joint session of Congress in February 2009 his intent to work with Congress to construct a plan for healthcare reform.[146][147] By July, a series of bills were approved by committees within the House of Representatives.[148] On the Senate side, from June to September, the Senate Finance Committee held a series of 31 meetings to develop a healthcare reform bill. This group — in particular, Democrats Max Baucus, Jeff Bingaman and Kent Conrad, along with Republicans Mike Enzi, Chuck Grassley and Olympia Snowe — met for more than 60 hours, and the principles that they discussed, in conjunction with the other committees, became the foundation of the Senate healthcare reform bill.[149][150][151]

Congressional Democrats and health policy experts like MIT economics professor Jonathan Gruber[152] and David Cutler argued that guaranteed issue would require both community rating and an individual mandate to ensure that adverse selection and/or “free riding” would not result in an insurance “death spiral”.[153] This approach was taken because the president and congressional leaders had concluded that more progressive plans, such as the (single-payer)Medicare for All act, could not obtain filibuster-proof support in the Senate. By deliberately drawing on bipartisan ideas — the same basic outline was supported by former Senate majority leaders Howard Baker, Bob Dole, Tom Daschle and George J. Mitchell—the bill’s drafters hoped to garner the votes necessary for passage.[154][155]

However, following the adoption of an individual mandate, Republicans came to oppose the mandate and threatened to filibuster any bills that contained it.[125] Senate minority leader Mitch McConnell, who led the Republican congressional strategy in responding to the bill, calculated that Republicans should not support the bill, and worked to prevent defections:[156]

It was absolutely critical that everybody be together because if the proponents of the bill were able to say it was bipartisan, it tended to convey to the public that this is O.K., they must have figured it out.[157]

Republican Senators, including those who had supported previous bills with a similar mandate, began to describe the mandate as “unconstitutional”. Journalist Ezra Klein wrote in The New Yorker that “a policy that once enjoyed broad support within the Republican Party suddenly faced unified opposition.”[128] Reporter Michael Cooper of The New York Times wrote that: “the provision … requiring all Americans to buy health insurance has its roots in conservative thinking.”[127][134]

Tea Party protesters at the Taxpayer March on Washington, September 12, 2009

The reform negotiations also attracted attention from lobbyists,[158] including deals between certain lobby groups and the advocates of the law to win the support of groups that had opposed past reforms, as in 1993.[159][160] The Sunlight Foundation documented many of the reported ties between “the healthcare lobbyist complex” and politicians in both parties.[161]

During the August 2009 summer congressional recess, many members went back to their districts and held town hall meetings on the proposals. The nascent Tea Party movement organized protests and many conservative groups and individuals attended the meetings to oppose the proposed reforms.[147] Many threats were made against members of Congress over the course of the debate.[162][163]

When Congress returned from recess, in September 2009 President Obama delivered a speech to a joint session of Congress supporting the ongoing Congressional negotiations.[164] He acknowledged the polarization of the debate, and quoted a letter from the late Senator Edward “Ted” Kennedy urging on reform: “what we face is above all a moral issue; that at stake are not just the details of policy, but fundamental principles of social justice and the character of our country.”[165] On November 7, the House of Representatives passed the Affordable Health Care for America Act on a 220–215 vote and forwarded it to the Senate for passage.[147]

Senate

The Senate began work on its own proposals while the House was still working. The United States Constitution requires all revenue-related bills to originate in the House.[166] To formally comply with this requirement, the Senate used H.R. 3590, a bill regarding housing tax changes for service members.[167] It had been passed by the House as a revenue-related modification to the Internal Revenue Code. The bill became the Senate’s vehicle for its healthcare reform proposal, discarding the bill’s original content.[168] The bill ultimately incorporated elements of proposals that were reported favorably by the Senate Health and Finance committees. With the Republican Senate minority vowing to filibuster, 60 votes would be necessary to pass the Senate.[169] At the start of the 111th Congress, Democrats had only 58 votes; the Senate seat in Minnesota ultimately won by Al Franken was still undergoing a recount, while Arlen Specter was still a Republican (he became a Democrat in April, 2009).

Negotiations were undertaken attempting to satisfy moderate Democrats and to bring Republican senators aboard; particular attention was given to Republicans Bennett, Enzi, Grassley and Snowe. On July 7 Franken was sworn into office, providing a potential 60th vote. On August 25 Ted Kennedy—a longtime healthcare reform advocate—died. Paul Kirk was appointed as Senator Kennedy’s temporary replacement on September 24.

After the Finance Committee vote on October 15, negotiations turned to moderate Democrats. Majority leader Harry Reid focused on satisfying centrists. The holdouts came down to Joe Lieberman of Connecticut, an independent who caucused with Democrats, and conservative Nebraska Democrat Ben Nelson. Lieberman’s demand that the bill not include a public option[153][170] was met,[171] although supporters won various concessions, including allowing state-based public options such as Vermont’s Green Mountain Care.[171][172]

Senate vote by state.

  Democratic yes (58)
  Independent yes (2)
  Republican no (39)
 Republican not voting (1)

The White House and Reid addressed Nelson’s concerns[173] during a 13-hour negotiation with two concessions: a compromise on abortion, modifying the language of the bill “to give states the right to prohibit coverage of abortion within their own insurance exchanges”, which would require consumers to pay for the procedure out of pocket if the state so decided; and an amendment to offer a higher rate of Medicaid reimbursement for Nebraska.[147][174] The latter half of the compromise was derisively termed the “Cornhusker Kickback”[175] and was repealed in the subsequent reconciliation amendment bill.

On December 23, the Senate voted 60–39 to end debate on the bill: a cloture vote to end the filibuster. The bill then passed, also 60–39, on December 24, 2009, with all Democrats and two independents voting for it, and all Republicans against (except Jim Bunning, who did not vote).[176] The bill was endorsed by the AMA and AARP.[177]

On January 19, 2010, Massachusetts Republican Scott Brown was elected to the Senate in a special election to replace Kennedy, having campaigned on giving the Republican minority the 41st vote needed to sustain Republican filibusters.[147][178][179] His victory had become significant because of its effects on the legislative process. The first was psychological: the symbolic importance of losing Kennedy’s traditionally Democratic Massachusetts seat made many Congressional Democrats concerned about the political cost of passing a bill.[180][181]

House

House vote by congressional district.

  Democratic yes (219)
  Democratic no (34)
  Republican no (178)
  No representative seated (4)

Brown’s election meant Democrats could no longer break a filibuster in the Senate. In response, White House Chief of StaffRahm Emanuel argued that Democrats should scale back to a less ambitious bill; House SpeakerNancy Pelosi pushed back, dismissing Emanuel’s scaled-down approach as “Kiddie Care”.[182][183]

Obama remained insistent on comprehensive reform. The news that Anthem Blue Cross in California intended to raise premium rates for its patients by as much as 39% gave him new evidence of the need for reform.[182][183] On February 22, he laid out a “Senate-leaning” proposal to consolidate the bills.[184] He held a meeting with both parties’ leaders on February 25. The Democrats decided that the House would pass the Senate’s bill, to avoid another Senate vote.

House Democrats had expected to be able to negotiate changes in a House-Senate conference before passing a final bill. Since any bill that emerged from conference that differed from the Senate bill would have to pass the Senate over another Republican filibuster, most House Democrats agreed to pass the Senate bill on condition that it be amended by a subsequent bill.[181] They drafted the Health Care and Education Reconciliation Act, which could be passed by the reconciliation process.[182][185][186]

As per the Congressional Budget Act of 1974, reconciliation cannot be subject to a filibuster. But reconciliation is limited to budget changes, which is why the procedure was not used to pass ACA in the first place; the bill had inherently non-budgetary regulations.[187][188] Although the already-passed Senate bill could not have been passed by reconciliation, most of House Democrats’ demands were budgetary: “these changes—higher subsidy levels, different kinds of taxes to pay for them, nixing the Nebraska Medicaid deal—mainly involve taxes and spending. In other words, they’re exactly the kinds of policies that are well-suited for reconciliation.”[185]

The remaining obstacle was a pivotal group of pro-life Democrats led by Bart Stupak who were initially reluctant to support the bill. The group found the possibility of federal funding for abortion significant enough to warrant opposition. The Senate bill had not included language that satisfied their concerns, but they could not address abortion in the reconciliation bill as it would be non-budgetary. Instead, Obama issued Executive Order 13535, reaffirming the principles in the Hyde Amendment.[189] This won the support of Stupak and members of his group and assured the bill’s passage.[186][190] The House passed the Senate bill with a 219–212 vote on March 21, 2010, with 34 Democrats and all 178 Republicans voting against it.[191] The next day, Republicans introduced legislation to repeal the bill.[192] Obama signed ACA into law on March 23, 2010.[193] Since passage, Republicans have voted to repeal all or parts of the Affordable Care Act over sixty times; no such attempt by Republicans has been successful.[194] The amendment bill, The Health Care and Education Reconciliation Act, cleared the House on March 21; the Senate passed it by reconciliation on March 25, and Obama signed it on March 30.

Impact

Coverage rate, employer market cost trends, budgetary impact, and income inequality aspects of the Affordable Care Act.

This chart illustrates several aspects of the Affordable Care Act, including number of persons covered, cost before and after subsidies, and public opinion.

Coverage

The law has caused a significant reduction in the number and percentage of people without health insurance. The CDC reported that the percentage of people without health insurance fell from 16.0% in 2010 to 8.9% during the January–June 2016 period.[195] From Q4-2013 to Q1-2016, a Gallup survey found that the uninsured rate among adults declined from 17.1% to 11.0%, a decline of 6.1 percentage points.[196] In a 2016 review, Obama presented data showing that the uninsured rate had declined by 43%, from 16.0% in 2010 to 9.1% in 2015, mostly in 2014.[197] The uninsured rate dropped in every congressional district in the U.S. between 2013 and 2015.[198]

In March 2016, the CBO reported that there were approximately 27 million people without insurance in 2016, a figure they expected would range from 26-28 million through 2026. CBO also estimated the percentage of insured among all U.S. residents would remain at 90% through that period, 92-93% excluding unauthorized immigrants.[4]

Those states that expanded Medicaid had a 7.3% uninsured rate on average in the first quarter of 2016, while those that did not expand Medicaid had a 14.1% uninsured rate, among adults aged 18 to 64.[199] As of December 2016 there were 32 states (including Washington DC) that had adopted the Medicaid extension, while 19 states had not.[200]

The Congressional Budget Office reported in March 2016 that there were approximately 12 million people covered by the exchanges (10 million of whom received subsidies to help pay for insurance) and 11 million made eligible for Medicaid by the law, a subtotal of 23 million people. An additional 1 million were covered by the ACA’s “Basic Health Program,” for a total of 24 million.[4] CBO also estimated that the ACA would reduce the net number of uninsured by 22 million in 2016, using a slightly different computation for the above figures totaling ACA coverage of 26 million, less 4 million for reductions in “employment-based coverage” and “non-group and other coverage.”[4] The Department of Health and Human Services (HHS) estimated that 20.0 million adults (aged 18–64) gained healthcare coverage via ACA as of February 2016, a 2.4 million increase over September 2015. HHS estimated that this 20.0 million included: a) 17.7 million from the start of open enrollment in 2013-2016; and b) 2.3 million young adults aged 19–25 who initially gained insurance from 2010-2013, as they were allowed to remain on their parent’s plans until age 26. Of the 20.0 million, an estimated 6.1 million were aged 19–25.[5]

By 2017, nearly 70% of those on the exchanges could purchase insurance for less than $75/month after subsidies, which rose to offset significant pre-subsidy price increases in the exchange markets.[201] Healthcare premium cost increases in the employer market continued to moderate. For example, healthcare premiums for those covered by employers rose by 69% from 2000-2005, but only 27% from 2010 to 2015,[6] with only a 3% increase from 2015 to 2016.[202]

The ACA also helps reduce income inequality measured after taxes, due to higher taxes on the top 5% of income earners and both subsidies and Medicaid expansion for lower-income persons.[203] CBO estimated that subsidies paid under the law in 2016 averaged $4,240 per person for 10 million individuals receiving them, roughly $42 billion. For scale, the subsidy for the employer market, in the form of exempting from taxation those health insurance premiums paid on behalf of employees by employers, was approximately $1,700 per person in 2016, or $266 billion total in the employer market. The employer market subsidy was not changed by the law.[4]

Insurance exchanges

As of August 2016, 15 states operated their own exchanges. Other states either used the federal exchange, or operated in partnership with or supported by the federal government.[204]

Medicaid expansion

Medicaid expansion by state.[205]

  Adopted the Medicaid expansion
  Medicaid expansion under discussion
  Not adopting Medicaid expansion

As of December 2016 there were 32 states (including Washington DC) that had adopted the Medicaid extension, while 19 states had not.[200] Those states that expanded Medicaid had a 7.3% uninsured rate on average in the first quarter of 2016, while those that did not expand Medicaid had a 14.1% uninsured rate, among adults aged 18 to 64.[199] Following the Supreme Court ruling in 2012, which held that states would not lose Medicaid funding if they didn’t expand Medicaid under the ACA, several states rejected expanded Medicaid coverage. Over half of the national uninsured population lived in those states.[206] In a report to Congress, the Centers for Medicare and Medicaid Services (CMS) estimated that the cost of expansion was $6,366 per person for 2015, about 49 percent above previous estimates. An estimated 9 million to 10 million people had gained Medicaid coverage, mostly low-income adults.[207] The Kaiser Family Foundation estimated in October 2015 that 3.1 million additional people were not covered because of states that rejected the Medicaid expansion.[208]

States that rejected the Medicaid expansion could maintain their Medicaid eligibility thresholds, which in many states were significantly below 133% of the poverty line.[209]Many states did not make Medicaid available to childless adults at any income level.[210] Because subsidies on exchange insurance plans were not available to those below the poverty line, such individuals had no new options.[211][212] For example, in Kansas, where only able-bodied adults with children and with an income below 32% of the poverty line were eligible for Medicaid, those with incomes from 32% to 100% of the poverty level ($6,250 to $19,530 for a family of three) were ineligible for both Medicaid and federal subsidies to buy insurance. Absent children, able-bodied adults were not eligible for Medicaid in Kansas.[206]

Studies of the impact of state decisions to reject the Medicaid expansion calculated that up to 6.4 million people could fall into this status.[213] The federal government initially paid for 100% of the expansion (through 2016). The subsidy tapered to 90% by 2020 and continued to shrink thereafter.[214] Several states argued that they could not afford their 10% contribution.[214][215] Studies suggested that rejecting the expansion would cost more than expanding Medicaid due to increased spending on uncompensated emergency care that otherwise would have been partially paid for by Medicaid coverage,[216]

A 2016 study led by Harvard University health economics professor Benjamin Sommers found that residents of Kentucky and Arkansas, which both accepted the Medicaid expansion, were more likely to receive health care services and less likely to incur emergency room costs or have trouble paying their medical bills than before the expansion. Residents of Texas, which did not accept the Medicaid expansion, did not see a similar improvement during the same period.[217] Kentucky opted for increased managed care, while Arkansas subsidized private insurance. The new Arkansas and Kentucky governors have proposed reducing or modifying their programs. Between 2013 and 2015, the uninsured rate dropped from 42% to 14% in Arkansas and from 40% to 9% in Kentucky, compared with 39% to 32% in Texas. Specific improvements included additional primary and preventive care, fewer emergency departments visits, reported higher quality care, improved health, improved drug affordability, reduced out-of-pocket spending and increased outpatient visits, increased diabetes screening, glucose testing among diabetes patients and regular care for chronic conditions.[218]

A 2016 DHHS study found that states that expanded Medicaid had lower premiums on exchange policies, because they had fewer low-income enrollees, whose health on is worse than that of those with higher income.[219]

Healthcare insurance costs

U.S. healthcare cost information, including rate of change, per-capita, and percent of GDP. (Data source: Centers for Medicare and Medicaid Services[220])

The law is designed to pay subsidies in the form of tax credits to the individuals or families purchasing the insurance, based on income levels. Higher income consumers receive lower subsidies. While pre-subsidy prices rose considerably from 2016 to 2017, so did the subsidies, to reduce the after-subsidy cost to the consumer. For example, a study published in 2016 found that the average requested 2017 premium increase among 40-year-old non-smokers was about 9 percent, according to an analysis of 17 cities, although Blue Cross Blue Shield proposed increases of 40 percent in Alabama and 60 percent in Texas.[221] However, some or all of these costs are offset by subsidies, paid as tax credits. For example, the Kaiser Foundation reported that for the second-lowest cost “Silver plan” (a plan often selected and used as the benchmark for determining financial assistance), a 40-year old non-smoker making $30,000 per year would pay effectively the same amount in 2017 as they did