The Pronk Pops Show 871, April 11, 2017, Story 1: Trump Rattling Cages (Sending Messages) in Syria and North Korea (Democratic People’s Republic of Korea (DPRK)) — Training Exercise — Trump Neoconed — Videos — Story 2: Attorney General Sessions Enforces Immigration Law — The Trump Era — Videos
Posted on April 11, 2017. Filed under: American History, Breaking News, Business, Communications, Congress, Corruption, Countries, Donald J. Trump, Donald J. Trump, Donald Trump, Donald Trump, Education, Elections, Empires, Federal Government, Government, Health, History, Human, Illegal Immigration, Illegal Immigration, Immigration, Law, Legal Immigration, Life, Media, North Korea, Obama, Philosophy, Photos, Politics, President Trump, Progressives, Rand Paul, Rand Paul, Raymond Thomas Pronk, Regulation, Rule of Law, Scandals, Success, Syria, Taxation, Taxes, Terror, Terrorism, Trump Surveillance/Spying, Unemployment, United States of America, Videos, Violence, War, Weapons, Wisdom | Tags: 11 April 2017, Attorney General Jeff Session, Criminal Illegal Aliens, Mexico, Neoconned, North Kores, President Donald J. Trump, Raymond Thomas Pronk, Ron Paul, Syria, The Pronk Pops Show 871, United States, We've Been NeoConned |
Story 1: Trump Rattling Cages (Sending Messages) in Syria and North Korea (Democratic People’s Republic of Korea (DPRK)) — Training Exercise — Trump Neoconed — Videos —
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Fears mount as the USS Carl Vinson heads does an about face
North Korea warns US over aircraft carrier deployment
united states SENDS warships To KOREA! TRUMP reacts to NORTH KOREA!
NORTH KOREA READY for UNITED STATES! SOUTH KOREA wants THEM OUT! BREAKING NEWS
Is North Korea next?
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TRUMP sends HUGE message with USS GERALD R.FORD! after NORTH KOREA WARNS UNITED STATES
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HE’S UNBELIEVABLE! MATTIS JUST SCARED KIM JONG UN TO DEATH WITH THESE 5 WORDS!
THIS CHANGES EVERYTHING! JAPAN IS CONSIDERING ULTIMATE ACT OF WAR AGAINST NORTH KOREA – THIS IS IT!
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Why Korea Split Into North and South Korea
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North Korea state media warns of nuclear strike if provoked as U.S. warships approach
* North Korea media warns of nuclear strike on U.S. if provoked
* U.S. warships head for Korean peninsula
* Trump says North Korea “looking for trouble”
* Russia “really worried” about possible U.S. attack on North (Adds Trump Tweet)
By Sue-Lin Wong
PYONGYANG, April 11 (Reuters) – North Korean state media on Tuesday warned of a nuclear attack on the United States at any sign of U.S. aggression as a U.S. Navy strike group steamed towards the western Pacific.
U.S. President Donald Trump, who has urged China to do more to rein in its impoverished neighbour, said in a Tweet North Korea was “looking for trouble” and the United States would “solve the problem” with or without China’s help.
Tension has escalated sharply on the Korean peninsula with talk of military action by the United States gaining traction following its strikes last week against Syria and amid concerns the reclusive North may soon conduct a sixth nuclear test.
North Korea’s official Rodong Sinmun newspaper said the country was prepared to respond to any aggression by the United States.
“Our revolutionary strong army is keenly watching every move by enemy elements with our nuclear sight focused on the U.S. invasionary bases not only in South Korea and the Pacific operation theatre but also in the U.S. mainland,” it said.
South Korean acting President Hwang Kyo-ahn warned of “greater provocations” by North Korea and ordered the military to intensify monitoring and to ensure close communication with the United States.
“It is possible the North may wage greater provocations such as a nuclear test timed with various anniversaries including the Supreme People’s Assembly,” said Hwang, acting leader since former president Park Geun-hye was removed amid a graft scandal.
Trump said in a Tweet a trade deal between China and the United States would be “far better for them if they solved the North Korea problem”.
“If China decides to help, that would be great,” he said. “If not, we will solve the problem without them!”
Trump and his Chinese counterpart, Xi Jinping, met in Florida last week and Trump pressed Xi to do more to rein in North Korea.
The North convened a Supreme People’s Assembly session on Tuesday, one of its twice-yearly sessions in which major appointments are announced and national policy goals are formally approved. It did not immediately release details.
But South Korean officials took pains to quell talk in social media of an impending security crisis or outbreak of war.
“We’d like to ask precaution so as not to get blinded by exaggerated assessment about the security situation on the Korean peninsula,” Defence Ministry spokesman Moon Sang-kyun said.
Saturday is the 105th anniversary of the birth of Kim Il Sung, the country’s founding father and grandfather of current ruler, Kim Jong Un.
A military parade is expected in the North’s capital, Pyongyang, to mark the day. North Korea often also marks important anniversaries with tests of its nuclear or missile capabilities in breach of U.N. Security Council resolutions.
Men and women in colourful outfits were singing and dancing on the streets of Pyongyang, illuminated by better lighting than that seen in previous years, apparently practising for the parade planned.
Syrian President Bashar al-Assad sent a message of congratulations to mark the event, lambasting “big powers” for their “expansionist” policy.
“The friendly two countries are celebrating this anniversary and, at the same time, conducting a war against big powers’ wild ambition to subject all countries to their expansionist and dominationist policy and deprive them of their rights to self-determination,” the North’s KCNA news agency quoted the message as saying.
The North’s foreign ministry, in a statement carried by KCNA, said the U.S. navy strike group’s approach showed America’s “reckless moves for invading had reached a serious phase”.
“We never beg for peace but we will take the toughest counteraction against the provocateurs in order to defend ourselves by powerful force of arms and keep to the road chosen by ourselves,” an unidentified ministry spokesman said.
North Korea and the rich, democratic South are technically still at war because their 1950-53 conflict ended in a truce, not a peace treaty. The North regularly threatens to destroy the South and its main ally, the United States.
Coming to Terms With the American Empire
APRIL 14, 2015 | 07:54 GMT
“Empire” is a dirty word. Considering the behavior of many empires, that is not unreasonable. But empire is also simply a description of a condition, many times unplanned and rarely intended. It is a condition that arises from a massive imbalance of power. Indeed, the empires created on purpose, such as Napoleonic France and Nazi Germany, have rarely lasted. Most empires do not plan to become one. They become one and then realize what they are. Sometimes they do not realize what they are for a long time, and that failure to see reality can have massive consequences.
World War II and the Birth of an Empire
The United States became an empire in 1945. It is true that in the Spanish-American War, the United States intentionally took control of the Philippines and Cuba. It is also true that it began thinking of itself as an empire, but it really was not. Cuba and the Philippines were the fantasy of empire, and this illusion dissolved during World War I, the subsequent period of isolationism and the Great Depression.
The genuine American empire that emerged thereafter was a byproduct of other events. There was no great conspiracy. In some ways, the circumstances of its creation made it more powerful. The dynamic of World War II led to the collapse of the European Peninsula and its occupation by the Soviets and the Americans. The same dynamic led to the occupation of Japan and its direct governance by the United States as a de facto colony, with Gen. Douglas MacArthur as viceroy.
The United States found itself with an extraordinary empire, which it also intended to abandon. This was a genuine wish and not mere propaganda. First, the United States was the first anti-imperial project in modernity. It opposed empire in principle. More important, this empire was a drain on American resources and not a source of wealth. World War II had shattered both Japan and Western Europe. The United States gained little or no economic advantage in holding on to these countries. Finally, the United States ended World War II largely untouched by war and as perhaps one of the few countries that profited from it. The money was to be made in the United States, not in the empire. The troops and the generals wanted to go home.
But unlike after World War I, the Americans couldn’t let go. That earlier war ruined nearly all of the participants. No one had the energy to attempt hegemony. The United States was content to leave Europe to its own dynamics. World War II ended differently. The Soviet Union had been wrecked but nevertheless it remained powerful. It was a hegemon in the east, and absent the United States, it conceivably could dominate all of Europe. This represented a problem for Washington, since a genuinely united Europe — whether a voluntary and effective federation or dominated by a single country — had sufficient resources to challenge U.S. power.
The United States could not leave. It did not think of itself as overseeing an empire, and it certainly permitted more internal political autonomy than the Soviets did in their region. Yet, in addition to maintaining a military presence, the United States organized the European economy and created and participated in the European defense system. If the essence of sovereignty is the ability to decide whether or not to go to war, that power was not in London, Paris or Warsaw. It was in Moscow and Washington.
The organizing principle of American strategy was the idea of containment. Unable to invade the Soviet Union, Washington’s default strategy was to check it. U.S. influence spread through Europe to Iran. The Soviet strategy was to flank the containment system by supporting insurgencies and allied movements as far to the rear of the U.S. line as possible. The European empires were collapsing and fragmenting. The Soviets sought to create an alliance structure out of the remnants, and the Americans sought to counter them.
The Economics of Empire
One of the advantages of alliance with the Soviets, particularly for insurgent groups, was a generous supply of weapons. The advantage of alignment with the United States was belonging to a dynamic trade zone and having access to investment capital and technology. Some nations, such as South Korea, benefited extraordinarily from this. Others didn’t. Leaders in countries like Nicaragua felt they had more to gain from Soviet political and military support than in trade with the United States.
The United States was by far the largest economic power, with complete control of the sea, bases around the world, and a dynamic trade and investment system that benefitted countries that were strategically critical to the United States or at least able to take advantage of it. It was at this point, early in the Cold War, that the United States began behaving as an empire, even if not consciously.
The geography of the American empire was built partly on military relations but heavily on economic relations. At first these economic relations were fairly trivial to American business. But as the system matured, the value of investments soared along with the importance of imports, exports and labor markets. As in any genuinely successful empire, it did not begin with a grand design or even a dream of one. Strategic necessity created an economic reality in country after country until certain major industries became dependent on at least some countries. The obvious examples were Saudi Arabia or Venezuela, whose oil fueled American oil companies, and which therefore — quite apart from conventional strategic importance — became economically important. This eventually made them strategically important.
As an empire matures, its economic value increases, particularly when it is not coercing others. Coercion is expensive and undermines the worth of an empire. The ideal colony is one that is not at all a colony, but a nation that benefits from economic relations with both the imperial power and the rest of the empire. The primary military relationship ought to be either mutual dependence or, barring that, dependence of the vulnerable client state on the imperial power.
This is how the United States slipped into empire. First, it was overwhelmingly wealthy and powerful. Second, it faced a potential adversary capable of challenging it globally, in a large number of countries. Third, it used its economic advantage to induce at least some of these countries into economic, and therefore political and military, relationships. Fourth, these countries became significantly important to various sectors of the American economy.
Limits of the American Empire
The problem of the American Empire is the overhang of the Cold War. During this time, the United States expected to go to war with a coalition around it, but also to carry the main burden of war. When Operation Desert Storm erupted in 1991, the basic Cold War principle prevailed. There was a coalition with the United States at the center of it. After 9/11, the decision was made to fight in Afghanistan and Iraq with the core model in place. There was a coalition, but the central military force was American, and it was assumed that the economic benefits of relations with the United States would be self-evident. In many ways, the post-9/11 wars took their basic framework from World War II. Iraq War planners explicitly discussed the occupation of Germany and Japan.
No empire can endure by direct rule. The Nazis were perhaps the best example of this. They tried to govern Poland directly, captured Soviet territory, pushed aside Vichy to govern not half but all of France, and so on. The British, on the other hand, ruled India with a thin layer of officials and officers and a larger cadre of businessmen trying to make their fortunes. The British obviously did better. The Germans exhausted themselves not only by overreaching, but also by diverting troops and administrators to directly oversee some countries. The British could turn their empire into something extraordinarily important to the global system. The Germans broke themselves not only on their enemies, but on their conquests as well.
The United States emerged after 1992 as the only global balanced power. That is, it was the only nation that could deploy economic, political and military power on a global basis. The United States was and remains enormously powerful. However, this is very different from omnipotence. In hearing politicians debate Russia, Iran or Yemen, you get the sense that they feel that U.S. power has no limits. There are always limits, and empires survive by knowing and respecting them.
The primary limit of the American empire is the same as that of the British and Roman empires: demographic. In Eurasia — Asia and Europe together — the Americans are outnumbered from the moment they set foot on the ground. The U.S. military is built around force multipliers, weapons that can destroy the enemy before the enemy destroys the relatively small force deployed. Sometimes this strategy works. Over the long run, it cannot. The enemy can absorb attrition much better than the small American force can. This lesson was learned in Vietnam and reinforced in Iraq and Afghanistan. Iraq is a country of 25 million people. The Americans sent about 130,000 troops. Inevitably, the attrition rate overwhelmed the Americans. The myth that Americans have no stomach for war forgets that the United States fought in Vietnam for seven years and in Iraq for about the same length of time. The public can be quite patient. The mathematics of war is the issue. At a certain point, the rate of attrition is simply not worth the political ends.
The deployment of a main force into Eurasia is unsupportable except in specialized cases when overwhelming force can be bought to bear in a place where it is important to win. These occasions are typically few and far between. Otherwise, the only strategy is indirect warfare: shifting the burden of war to those who want to bear it or cannot avoid doing so. For the first years of World War II, indirect warfare was used to support the United Kingdom and the Soviet Union against Germany.
There are two varieties of indirect warfare. The first is supporting native forces whose interests are parallel. This was done in the early stages of Afghanistan. The second is maintaining the balance of power among nations. We are seeing this form in the Middle East as the United States moves between the four major regional powers — Iran, Saudi Arabia, Israel and Turkey — supporting one then another in a perpetual balancing act. In Iraq, U.S. fighters carry out air strikes in parallel with Iranian ground forces. In Yemen, the United States supports Saudi air strikes against the Houthis, who have received Iranian training.
This is the essence of empire. The British saying is that it has no permanent friends or permanent enemies, only permanent interests. That old cliche is, like most cliches, true. The United States is in the process of learning that lesson. In many ways the United States was more charming when it had clearly identified friends and enemies. But that is a luxury that empires cannot afford.
Building a System of Balance
We are now seeing the United States rebalance its strategy by learning to balance. A global power cannot afford to be directly involved in the number of conflicts that it will encounter around the world. It would be exhausted rapidly. Using various tools, it must create regional and global balances without usurping internal sovereignty. The trick is to create situations where other countries want to do what is in the U.S. interest.
This endeavor is difficult. The first step is to use economic incentives to shape other countries’ behavior. It isn’t the U.S. Department of Commerce but businesses that do this. The second is to provide economic aid to wavering countries. The third is to provide military aid. The fourth is to send advisers. The fifth is to send overwhelming force. The leap from the fourth level to the fifth is the hardest to master. Overwhelming force should almost never be used. But when advisers and aid do not solve a problem that must urgently be solved, then the only type of force that can be used is overwhelming force. Roman legions were used sparingly, but when they were used, they brought overwhelming power to bear.
The Responsibilities of Empire
I have been deliberately speaking of the United States as an empire, knowing that this term is jarring. Those who call the United States an empire usually mean that it is in some sense evil. Others will call it anything else if they can. But it is helpful to face the reality the United States is in. It is always useful to be honest, particularly with yourself. But more important, if the United States thinks of itself as an empire, then it will begin to learn the lessons of imperial power. Nothing is more harmful than an empire using its power carelessly.
It is true that the United States did not genuinely intend to be an empire. It is also true that its intentions do not matter one way or another. Circumstance, history and geopolitics have created an entity that, if it isn’t an empire, certainly looks like one. Empires can be far from oppressive. The Persians were quite liberal in their outlook. The American ideology and the American reality are not inherently incompatible. But two things must be faced: First, the United States cannot give away the power it has. There is no practical way to do that. Second, given the vastness of that power, it will be involved in conflicts whether it wants to or not. Empires are frequently feared, sometimes respected, but never loved by the rest of the world. And pretending that you aren’t an empire does not fool anyone.
The current balancing act in the Middle East represents a fundamental rebalancing of American strategy. It is still clumsy and poorly thought out, but it is happening. And for the rest of the world, the idea that the Americans are coming will become more and more rare. The United States will not intervene. It will manage the situation, sometimes to the benefit of one country and sometimes to another.
History of North Korea
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The history of North Korea began with the partition of Korea at the end of World War II in 1945, and the creation of the Communist-aligned Democratic People’s Republic of Korea (DPRK) headed by the former guerrilla leader, Kim Il-sung. In 1950 the Korean War broke out. After much destruction, the war ended with the status quo being restored. The DPRK had failed to unify Korea under its leadership, and the US-led United Nations force had failed to conquer North Korea. The peninsula was divided by the Korean Demilitarized Zone, and a US military force remained in South Korea.
Tension between the two sides continued. Kim Il-sung remained in power until his death in 1994. He developed a pervasive personality cult and steered the country on an independent course in accordance with the principle of Juche (or self-reliance). However, with natural disasters and the collapse of the Soviet Bloc in 1991, North Korea went into a severe economic crisis. Kim Il-sung’s son, Kim Jong-il, succeeded him, and was in turn succeeded by his son, Kim Jong-un. Amid international alarm, North Korea developed nuclear missiles.
Northern Korea before the division
From 1910 to the end of World War II, Korea was under Japanese rule. Most Koreans were peasants engaged in subsistence farming. In the 1930s, Japan developed mines, hydro-electric dams, steel mills, and manufacturing plants in northern Korea and neighboring Manchuria. The Korean industrial working class expanded rapidly, and many Koreans went to work in Manchuria. As a result, 65% of Korea’s heavy industry was located in the north, but, due to the harshness of the terrain, only 37% of its agriculture.
A Korean guerrilla movement emerged in the mountainous interior and in Manchuria, harassing the Japanese imperial authorities. One of the most prominent guerrilla leaders was the Communist Kim Il-sung.
Northern Korea had very little exposure to modern, Western ideas. One partial exception of this was the penetration of religion. Since the arrival of missionaries in the late nineteenth century, the northwest of Korea, and Pyongyang in particular, had been a stronghold of Christianity.
Division of Korea
At the Tehran Conference in November 1943 and the Yalta Conference in February 1945, the Soviet Union promised to join its allies in the Pacific War within three months of victory in Europe. On August 8, 1945, after three months to the day, the Soviet Union declared war on Japan. Soviet troops advanced rapidly, and the US government became anxious that they would occupy the whole of Korea. On August 10, the US government decided to propose the 38th parallel as the dividing line between a Soviet occupation zone in the north and a US occupation zone in the south. The parallel was chosen as it would place the capital Seoul under American control. The division placed sixteen million Koreans in the American zone and nine million in the Soviet zone. To the surprise of the Americans, the Soviet Union immediately accepted the division. The agreement was incorporated into General Order No. 1 (approved on 17 August 1945) for the surrender of Japan.
Soviet forces began amphibious landings in Korea by August 14 and rapidly took over the north-east of the country, and on August 16 they landed at Wonsan. On August 24, the Red Army reached Pyongyang. US forces did not arrive in the south until September 8.
During August, People’s Committees sprang up across Korea, affiliated with the Committee for the Preparation of Korean Independence, which in September founded the People’s Republic of Korea. When Soviet troops entered Pyongyang, they found a local People’s Committee established there, led by veteran Christian nationalist Cho Man-sik. Unlike their American counterparts, the Soviet authorities recognized and worked with the People’s Committees. By some accounts, Cho Man-sik was the Soviet government’s first choice to lead North Korea.
On September 19, Kim Il-sung and 36 other Korean Red Army officers arrived in Wonsan. They had fought the Japanese in Manchuria in the 1930s but had lived in the USSR and trained in the Red Army since 1941. On October 14, Soviet authorities introduced Kim to the North Korean public as a guerrilla hero.
In December 1945, at the Moscow Conference, the Soviet Union agreed to a US proposal for a trusteeship over Korea for up to five years in the lead-up to independence. Most Koreans demanded independence immediately, but Kim and the other Communists supported the trusteeship under pressure from the Soviet government. Cho Man-sik opposed the proposal at a public meeting on January 4, 1946, and disappeared into house arrest. On February 8, 1946, the People’s Committees were reorganized as Interim People’s Committees dominated by Communists. The new regime instituted popular policies of land redistribution, industry nationalization, labor law reform, and equality for women.
Meanwhile, existing Communist groups were reconstituted as a party under Kim Il-sung’s leadership. On December 18, 1945, local Communist Party committees were combined into the North Korean Communist Party. In August 1946, this party merged with the New People’s Party to form the Workers’ Party of North Korea. In December, a popular front led by the Workers Party dominated elections in the North. In 1949, the Workers’ Party of North Korea merged with its southern counterpart to become the Workers’ Party of Korea with Kim as party chairman.
Kim established the Korean People’s Army (KPA) aligned with the Communists, formed from a cadre of guerrillas and former soldiers who had gained combat experience in battles against the Japanese and later Nationalist Chinese troops. From their ranks, using Soviet advisers and equipment, Kim constructed a large army skilled in infiltration tactics and guerrilla warfare. Before the outbreak of the Korean War, Joseph Stalin equipped the KPA with modern medium tanks, trucks, artillery, and small arms. Kim also formed an air force, equipped at first with ex-Soviet propeller-driven fighter and attack aircraft. Later, North Korean pilot candidates were sent to the Soviet Union and China to train in MiG-15 jet aircraft at secret bases.
In 1946, a sweeping series of laws transformed North Korea on Stalinist lines. The “land to the tiller” reform redistributed the bulk of agricultural land to the poor and landless peasant population, effectively breaking the power of the landed class. This was followed by a “Labor Law”, a “Sexual Equality Law”, and a “Nationalisation of Industry, Transport, Communications and Banks Law”.
As negotiations with the Soviet Union on the future of Korea failed to make progress, the US took the issue to the United Nations in September 1947. In response, the UN established the United Nations Temporary Commission on Korea to hold elections in Korea. The Soviet Union opposed this move. In the absence of Soviet co-operation, it was decided to hold UN-supervised elections in the south only. In April 1948, a conference of organizations from the North and the South met in Pyongyang, but conference produced no results. The southern politicians Kim Koo and Kim Kyu-sik attended the conference and boycotted the elections in the South. Both men were posthumously awarded the National Reunification Prize by North Korea. The elections were held in South Korea on May 10, 1948. On August 15, the Republic of Korea formally came into existence. A parallel process occurred in North Korea. A new Supreme People’s Assembly was elected in August 1948, and on September 3 a new constitution was promulgated. The Democratic People’s Republic of Korea (DPRK) was proclaimed on September 9, with Kim as premier. On October 12, the Soviet Union declared that Kim’s regime was the only lawful government on the peninsula. On December 12, 1948, the United Nations General Assembly accepted the report of UNTCOK and declared the Republic of Korea to be the “only lawful government in Korea”.
By 1949, North Korea was a full-fledged Communist state. All parties and mass organizations joined the Democratic Front for the Reunification of the Fatherland, ostensibly a popular front but in reality dominated by the Communists. The government moved rapidly to establish a political system that was partly styled on the Soviet system, with political power monopolised by the Worker’s Party of Korea (WPK).
The Korean War (1950-1953)
The consolidation of Syngman Rhee‘s government in the South with American military support and the suppression of the October 1948 insurrection ended North Korean hopes that a revolution in the South could reunify Korea, and from early 1949 Kim Il-sung sought Soviet and Chinese support for a military campaign to reunify the country by force. The withdrawal of most U.S. forces from South Korea in June 1949 left the southern government defended only by a weak and inexperienced South Korean army. The southern régime also had to deal with a citizenry of uncertain loyalty. The North Korean army, by contrast, had benefited from the Soviet Union‘s WWII-era equipment, and had a core of hardened veterans who had fought either as anti-Japanese guerrillas or alongside the Chinese Communists. In 1949 and 1950 Kim traveled to Moscow with the South Korean Communist leader Pak Hon-yong to raise support for a war of reunification.
InitiallyJoseph Stalin rejected Kim Il-sung’s requests for permission to invade the South, but in late 1949 the Communist victory in China and the development of Soviet nuclear weapons made him re-consider Kim’s proposal. In January 1950, after China’s Mao Zedong indicated that the People’s Republic of China would send troops and other support to Kim, Stalin approved an invasion. The Soviets provided limited support in the form of advisers who helped the North Koreans as they planned the operation, and Soviet military instructors to train some of the Korean units. However, from the very beginning Stalin made it clear that the Soviet Union would avoid a direct confrontation with the U.S. over Korea and would not commit ground forces even in case of major military crisis. The stage was set for a civil war between the two rival régimes on the Korean peninsula.
For over a year before the outbreak of war, the two sides had engaged in a series of bloody clashes along the 38th parallel, especially in the Ongjin area on the west coast. On June 25, 1950, claiming to be responding to a South Korean assault on Ongjin, the Northern forces launched an amphibious offensive all along the parallel. Due to a combination of surprise and military superiority, the Northern forces quickly captured the capital Seoul, forcing Syngman Rhee and his government to flee. By mid-July North Korean troops had overwhelmed the South Korean and allied American units and forced them back to a defensive line in south-east South Korea known as the Pusan Perimeter. During its brief occupation of southern Korea, the DPRK regime initiated radical social change, which included the nationalisation of industry, land reform, and the restoration of the People’s Committees.According to the captured US General William F. Dean, “the civilian attitude seemed to vary between enthusiasm and passive acceptance”.
The United Nations condemned North Korea’s actions and approved an American-led intervention force to defend South Korea. In September, UN forces landed at Inchon and retook Seoul. Under the leadership of US General Douglas Macarthur, UN forces pushed north, reaching the Chinese border. According to Bruce Cumings, the North Korean forces were not routed, but managed a strategic retreat into the mountainous interior and into neighboring Manchuria. Kim Il-sung’s government re-established itself in a stronghold in Chagang Province. In late November, Chinese forces entered the war and pushed the UN forces back, retaking Pyongyang in December 1950 and Seoul in January 1951. According to Bruce Cumings, the Korean People’s Army played an equal part in this counterattack. UN forces managed to retake Seoul for South Korea. The war essentially became a bloody stalemate for the next two years.
American bombing included the use of napalm against populated areas and the destruction of dams and dykes, which caused devastating floods. China and North Korea also alleged the US was deploying biological weapons. As a result of the bombing, almost every substantial building and much of the infrastructure in North Korea was destroyed. The North Koreans responded by building homes, schools, hospitals, and factories underground. Economic output in 1953 had fallen by 75-90% compared with 1949.
While the bombing continued, armistice negotiations, that had commenced in July 1951, wore on. North Korea’s lead negotiator was General Nam Il. The Korean Armistice Agreement was signed on July 27, 1953. A ceasefire followed, but there was no peace treaty, and hostilities continued at a lower intensity.
Despite the failure of his attempt at unifying the nation under his rule, Kim Il-sung considered the war a victory in the sense that he remained in power. As a result, the North Korean media made the most of it by focusing entirely on the defeats suffered by the US and UN forces during the failed invasion of North Korea in late 1950. The armistice was celebrated in Pyongyang with a military parade in which Kim declared: “Despite their best efforts, the imperialist invaders were defeated with great loss in men and material.”
Kim began gradually consolidating his power. Up to this time, North Korean politics were represented by four factions: the Yan’an faction, made up of returnees from China; the “Soviet Koreans” who were ethnic Koreans from the USSR; native Korean communists led by Pak Hon-yong; and Kim’s Kapsan group who had fought guerrilla actions against Japan in the 1930s.
When the Worker’s Party Central Committee plenum opened on 30 August 1953 Choe Chang-ik made a speech attacking Kim for concentrating the power of the party and the state in his own hands as well as criticising the party line on industrialisation which ignored widespread starvation among the North Korean people. However, Kim neutralised the attack on him by promising to moderate the regime, promises which were never kept. The majority in the Central Committee voted to support Kim and also voted in favour of expelling Choe and Pak Hon-yong from the Central Committee. Eleven of Kim’s opponents were convicted in a show trial. It is believed that all were executed. A major purge of the KWP followed, with members originating from South Korea being expelled.
Pak Hon-yong, party vice chairman and Foreign Minister of the DPRK, was blamed for the failure of the southern population to support North Korea during the war, was dismissed from his positions in 1953, and was executed after a show-trial in 1955. Most of the South Korean leftists and communist sympathizers who defected to the North in 1945–1953 were also accused of espionage and other crimes, and subsequently killed, imprisoned, or exiled to remote agricultural and mining villages. Potential rivals from other groups such as Kim Tu-bong were also purged.
The Party Congress in 1956 indicated the transformation that the party had undergone. Most members of other factions had lost their positions of influence. More than half the delegates had joined after 1950, most were under 40 years old, and most had limited formal education.
In February 1956, Soviet leader Nikita Khrushchev made a sweeping denunciation of Stalin, which sent shock waves throughout the Communist world. Encouraged by this, members of the party leadership in North Korea began to criticize Kim’s dictatorial leadership, personality cult, and Stalinist economic policies. They were defeated by Kim at the August Plenum of the party. By 1960, 70 per cent of the members of the 1956 Central Committee were no longer in politics.
Kim Il-sung had initially been criticized by the Soviets during a previous 1955 visit to Moscow for practicing Stalinism and a cult of personality, which was already growing enormous. The Korean ambassador to the USSR, Li Sangjo, a member of the Yan’an faction, reported that it had become a criminal offense to so much as write on Kim’s picture in a newspaper and that he had been elevated to the status of Marx, Lenin, Mao, and Stalin in the communist pantheon. He also charged Kim with rewriting history to appear as if his guerrilla faction had single-handedly liberated Korea from the Japanese, completely ignoring the assistance of the Chinese Communist Party. In addition, Li stated that in the process of agricultural collectivization, grain was being forcibly confiscated from the peasants, leading to “at least 300 suicides” and that Kim made nearly all major policy decisions and appointments himself. Li reported that over 30,000 people were in prison for completely unjust and arbitrary reasons as trivial as not printing Kim Il-sung’s portrait on sufficient quality paper or using newspapers with his picture to wrap parcels. Grain confiscation and tax collection were also conducted forcibly with violence, beatings, and imprisonment. During Kim Il-sung’s Moscow visit, the Soviets recommended that he discard the personality cult, adhere to the ideas of collective leadership, remove falsified history accounts from textbooks, and work towards improving the living standards of the Korean people, which remained poor and below prewar standards. Foodstuffs during the initial postwar period were rationed and extremely expensive, as were consumer items. By comparison, South Korea, which had less of an industrial base than the DPRK, had a better food supply and was also flooded with American goods although it should be noted that the overall destruction there during the war was smaller.
In late 1968, known military opponents of North Korea’s Juche ideology such as Kim Chang-bong (minister of National Security), Huh Bong-hak (chief of the Division for Southern Intelligence) and Lee Young-ho(commander in chief of the DPRK Navy) were purged as anti-party/counter-revolutionary elements, despite their credentials as anti-Japanese guerrilla fighters in the past.
Kim’s personality cult was modeled on Stalinism and his regime originally acknowledged Stalin as the supreme leader. After Stalin’s death in 1953, however, Kim was described as the “Great Leader” or “Suryong”. As his personality cult grew, the doctrine of Juche (or self-reliance) began to displace Marxism–Leninism. At the same time the cult extended beyond Kim himself to include his family in a revolutionary blood line. In 1972, to celebrate Kim Il-sung’s birthday, the Mansu Hill Grand Monument was unveiled, including a 22-meter bronze statue of him.
Like Mao in China, Kim Il-sung refused to accept Nikita Khrushchev‘s denunciation of Stalin and continued to model his regime on Stalinist norms. At the same time, he increasingly stressed Korean independence, as embodied in the concept of Juche. Kim told Alexei Kosygin in 1965 that he was not anyone’s puppet and “We…implement the purest Marxism and condemn as false both the Chinese admixtures and the errors of the CPSU”.
Relations with China had worsened during the war. Mao Zedong criticized Kim for having started the whole “idiotic war” and for being an incompetent military commander who should have been removed from power. PLA commander Peng Dehuai was equally contemptuous of Kim’s skills at waging war.
By some analysis, Kim Il-sung remained in power partially because the Soviets turned their attention to the Hungarian Revolution of 1956 that fall. The Soviets and Chinese were unable to stop the inevitable purge of Kim’s domestic opponents or his move towards a one-man Stalinist autocracy and relations with both countries deteriorated in the former’s case because of the elimination of the pro-Soviet Koreans and the latter because of the regime’s refusal to acknowledge Chinese assistance in either liberation from the Japanese or the war in 1950-53.
Stalin continued to be honored in North Korea long after his death in 1953, and a street in Pyongyang bore his name until 1980. By contrast, neighboring Chinese leader Mao Zedong was mostly ignored and Kim Il-sung rejected most of his policies such as the Hundred Flowers Campaign and (later) the Cultural Revolution.
Tensions between North and South escalated in the late 1960s with a series of low-level armed clashes known as the Korean DMZ Conflict. In 1966, Kim declared “liberation of the south” to be a “national duty”. In 1968, North Korean commandos launched the Blue House Raid, an unsuccessful attempt to assassinate the South Korean President Park Chung-hee. Shortly after, the US spy ship Pueblo was captured by the North Korean navy. The crew were held captive throughout the year despite American protests that the vessel was in international waters and finally released in December after a formal US apology was issued. In April 1969 North Korea shot down an EC-121 aircraft, killing everyone on board. The Nixon administration found itself unable to react at all, since the US was heavily committed in Vietnam and had no troops to spare if the situation in Korea escalated. However, the Pueblo capture and EC-121 shootdown did not find approval in Moscow, as the Soviet Union did not want a second major war to erupt in Asia. China’s response to the USS Pueblo crisis is less clear.
After Khrushchev was replaced by Leonid Brezhnev as Soviet Leader in 1964, and with the incentive of Soviet aid, North Korea strengthened its ties with the USSR. Kim condemned China’s Cultural Revolution as “unbelievable idiocy”. In turn, China’s Red Guards labelled him a “fat revisionist”. But by 1970, most of the storm clouds of the Cultural Revolution had blown away and relations with China quickly returned to normal. Chinese premier Zhou Enlai visited Pyongyang that year and apologized for the attacks made on Kim by the Red Guards. At the same time, the Soviets were again criticized by both Chinese and North Korean officials for being too soft on the United States. The Cultural Revolution was now viewed in North Korea as an excellent idea and “completely correct”.
In 1972, the first formal summit meeting between Pyongyang and Seoul was held, but the cautious talks did not lead to a lasting change in the relationship.
With the fall of South Vietnam to the North Vietnamese on April 30, 1975, Kim Il-sung began to feel that the US had shown its weakness and that reunification of Korea under his regime was finally possible. Kim visited Beijing in May 1975 in the hope of gaining political and military support for this plan to invade South Korea again, but Mao Zedong refused. Despite public proclamations of support, Mao privately told Kim that China would be unable to assist North Korea this time because of the lingering after-effects of the Cultural Revolution throughout China, and also because Mao had recently decided to restore diplomatic relations with the US. Afterwards, Kim went home empty-handed.
Meanwhile, North Korea emphasized its independent orientation by joining the Non-Aligned Movement in 1975. It promoted Juche as a model for developing countries to follow. It developed strong ties with the regimes of Bokassa in the Central African Republic, Macias Nguema in Equatorial Guinea, Idi Amin in Uganda, Pol Pot in Cambodia, Gaddafi in Libya, and Ceausescu in Romania.
Reconstruction of the country after the war proceeded with extensive Chinese and Soviet assistance. Koreans with experience in Japanese industries also played a significant part.Land was collectivized between 1953 and 1958. Resistance appears to have been minimal as landlords had been eliminated by the earlier reforms or during the war.
Although developmental debates took place within the Workers’ Party of Korea in the 1950s, North Korea, like all the postwar communist states, undertook massive state investment in heavy industry, state infrastructure and military strength, neglecting the production of consumer goods.
The first Three Year Plan (1954–1956) introduced the concept of Juche or self-reliance. The first Five Year Plan (1957-1961) consolidated the collectivization of agriculture and initiated mass mobilizations campaigns: the Chollima Movement, the Chongsan-ni system in agriculture and the Taean Work System in industry. The Chollima Movement was influenced by China’s Great Leap Forward, but did not have its disastrous results.Industry was fully nationalized by 1959. Taxation on agricultural income was abolished in 1966.
North Korea was placed on a semi-war footing, with equal emphasis being given to the civilian and military economies. This was expressed in the 1962 Party Plenum by the slogan, “Arms in one hand and a hammer and sickle in the other!” At a special party conference in 1966, members of the leadership who opposed the military build-up were removed.
On the ruins left by the war, North Korea had built an industrialized command economy. Che Guevara, then a Cuban government minister, visited North Korea in 1960, and proclaimed it a model for Cuba to follow. In 1965, the British economist Joan Robinson described North Korea’s economic development as a “miracle”. As late as the 1970s, its GDP per capita was estimated to be equivalent to South Korea’s. By 1968, all homes had electricity, though the supply was unreliable. By 1972, all children from age 5 to 16 were enrolled in school, and over 200 universities and specialized colleges had been established. By the early 1980s, 60–70% of the population was urbanized.
Decline and crisis
In the 1970s, expansion of North Korea’s economy, with the accompanying rise in living standards, came to an end. Compounding this was a decision to borrow foreign capital and invest heavily in military industries. North Korea’s desire to lessen its dependence on aid from China and the Soviet Union prompted the expansion of its military power, which had begun in the second half of the 1960s. The government believed such expenditures could be covered by foreign borrowing and increased sales of its mineral wealth in the international market. North Korea invested heavily in its mining industries and purchased a large quantity of mineral extraction infrastructure from abroad. It also purchased entire petrochemical, textile, concrete, steel, pulp and paper manufacturing plants from the developed capitalist world. This included a Japanese-Danish venture that provided North Korea with the largest cement factory in the world. However, following the world 1973 oil crisis, international prices for many of North Korea’s native minerals fell, leaving the country with large debts and an inability to pay them off and still provide a high level of social welfare to its people. North Korea began to default in 1974 and halted almost all repayments in 1985. As a result, it was unable to pay for Western technology.
Worsening this already poor situation, the centrally planned economy, which emphasized heavy industry had reached the limits of its productive potential in North Korea. Juche’s repeated demands that North Koreans learn to build and innovate domestically had run its course as had the ability of North Koreans to keep technological pace with other industrialized nations. By the mid to late-1970s some parts of the capitalist world, including South Korea, were creating new industries based around computers, electronics, and other advanced technology in contrast to North Korea’s Stalinist economy of mining and steel production. Migration to urban areas stalled.
Despite the emerging economic problems, the regime invested heavily on prestigious projects, such as the Juche Tower, the Nampo Dam, and the Ryugyong Hotel. In 1989, as a response to the 1988 Seoul Olympics it held the 13th World Festival of Youth and Students in Pyongyang. In fact, the grandiosity associated with the regime and its personality cult, as expressed in monuments, museums, and events, has been identified as a factor in the economic decline.
In 1984 Kim visited Moscow during a grand tour of the USSR where he met Soviet leader Konstantin Chernenko. Kim also made public visits to East Germany, Czechoslovakia, Poland, Hungary, Romania, Bulgaria and Yugoslavia. Soviet involvement in the North Korean economy increased, until 1988 when bilateral trade peaked at US$2.8 billion. In 1986, Kim met the incoming Soviet leader Mikhail Gorbachev and received a pledge of support.
However, Gorbachev’s reforms and diplomatic initiatives, the Chinese economic reforms starting in 1979, and the collapse of the Eastern Bloc from 1989 to 1991 increased North Korea’s isolation. The leadership in Pyongyang responded by proclaiming that the collapse of the Eastern Bloc demonstrated the correctness of the policy of Juche.
The collapse of the Soviet Union in 1991 deprived North Korea of its main source of economic aid, leaving China as the isolated regime’s only major ally. Without Soviet aid, North Korea’s economy went into a free-fall. By this time in the early 1990s, Kim Jong-il was already conducting most of the day-to-day activities of running of the state. Meanwhile, international tensions were rising over North Korean’s quest for nuclear weapons. Former US president Jimmy Carter made a visit to Pyongyang in June 1994 in which he met with Kim and returned proclaiming that he had resolved the crisis.
Succession by Kim Jong-il
Kim Il-sung died from a sudden heart attack on July 8, 1994, three weeks after the Carter visit. His son, Kim Jong-il, who had already assumed key positions in the government, succeeded as General-Secretary of the Korean Workers’ Party. At that time, North Korea had no secretary-general in the party nor a president. Minimal legal procedure that had been established was summarily ignored. Although a new constitution appeared to end the war-time political system, it did not completely terminate the transitional military rule. Rather it legitimized and institutionalized military rule by making the National Defense Commission (NDC) the most important state organization and its chairman the highest authority. After three years of consolidating his power, Kim Jong-il became Chairman of the NDC on October 8, 1997, a position described by the NDC as the nation’s “highest administrative authority,” and thus North Korea’s de facto head of state. His succession had been foreshadowed in 1980, when he was introduced to the public at the Sixth Party Congress. In 1982, Kim Jong-il had established himself as a leading theoretician with the publication of On the Juche Idea. In 1984, he had been officially confirmed as his father’s successor.
Meanwhile, the economy was in steep decline. In 1990-1995, foreign trade was cut in half, with the loss of subsidized Soviet oil being particularly keenly felt. The crisis came to a head in 1995 with widespread flooding that destroyed crops and infrastructure, leading to a famine that lasted till 1998. At the same time, there appeared to be little significant internal opposition to the regime. Indeed, a great many of the North Koreans fleeing to China because of famine still showed significant support for the government as well as pride in their homeland. Many of these people reportedly returned to North Korea after earning sufficient money.
President Kim Dae-jung of South Korea actively attempted to reduce tensions between the two Koreas under the Sunshine Policy, but this produced few immediate results. Since the election of George W. Bush as the President of the United States in 2000, North Korea has faced renewed external pressure over its nuclear program, reducing the prospect of international economic assistance.
In 2002, Kim Jong-il declared that “money should be capable of measuring the worth of all commodities”, followed by some small market-oriented measures, and the creation of the Kaesong Industrial Region with transport links to South Korea was announced. Experiments are under way to allow factory managers to fire underperforming workers and give bonuses. China’s investments increased to $200 million in 2004.
On October 9, 2006, North Korea has announced that it had successfully detonated a nuclear device underground at 10:36 am local time without any radiation leak. An official at South Korea’s seismic monitoring center confirmed a magnitude-3.6 tremor felt at the time North Korea said it conducted the test was not a natural occurrence.
Additionally, North Korea was running a missile development program. In 1998, North Korea tested a Taepondong-1 Space Launch Vehicle, which successfully launched but failed to reach orbit. On July 5, 2006, they tested a Taepodong-2 ICBM that reportedly could reach the west coast of the U.S. in the 2-stage version, or the entire U.S. with a third stage. However, the missile failed shortly after launch, so it is unknown what its exact capabilities are or how close North Korea is to perfecting the technology.
North Korea’s advancements in weapons technology appear to give them leverage in ongoing negotiations with the United Nations and other countries. On February 13, 2007, North Korea signed an agreement with South Korea, the United States, Russia, China, and Japan, which stipulated North Korea would shut down itsYongbyon nuclear reactor in exchange for economic and energy assistance. However, in 2009 the North continued its nuclear test program.
In 2010, the sinking of a South Korean naval ship, the Cheonan, reportedly by a North Korean torpedo, escalated tensions between North and South.
Kim Jong-Il died on December 17, 2011 and was quickly succeeded by his son, Kim Jong-un. Tensions between North Korea and other countries increased due to its rocket launches and nuclear bomb testing, and UN sanctions have been tightened.
In 2015, North Korea adopted Pyongyang Standard Time (UTC+08.30), reversing the change to Japan Standard Time (UTC+9.00) which had been imposed by the Japanese Empire. As a result, North Korea was in a different time zone from South Korea.
The 7th Congress of the Workers’ Party of Korea was held in 2016, where Kim Jong-Un further consolidated his control and power within the Workers’ Party of Korea and country.
- History of Asia
- History of East Asia
- History of Korea
- Korean nationalist historiography
- List of leaders of North Korea
- Politics of North Korea
- Prehistory of Korea
- Women in the North Korean Revolution
- Index of Korea-related articles
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The Pronk Pops Show 462, May 8, 2015, Story 1: Part II — Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos
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Story 1: Part II, Nobody Does It Better Spying On People of The World — National Security Agency — Turnkey Tyranny Turned On The American People — NSA Budget $100 Billion Plus Paid By The American People — The Patriot Act Expires On June 1, 2015 — Both Republican and Democratic Parties Will Renew It! — Secret Security Surveillance State — Alive, Well and Growing — Videos
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.
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Enemy of the State (1998) Predicts Edward Snowden’s Revelations
Enemy Of The State – The NSA Can Read The Time Off Your F**king Wristwatch!
Will Smith | Enemy of the State 1998 Movie Full HD
Ron Paul to Congress: DO NOT Extend the “PATRIOT” Act!
Congressman Ron Paul, MD – We’ve Been NeoConned
Why Shouldn’t I Work for the NSA?
(Good Will Hunting)
N.S.A. Phone Data Collection Is Illegal, Appeals Court Rules
By CHARLIE SAVAGE and JONATHAN WEISMAN
A federal appeals court in New York on Thursday ruled that the once-secret National Security Agency program that is systematically collecting Americans’ phone records in bulk is illegal. The decision comes as a fight in Congress is intensifying over whether to end and replace the program, or to extend it without changes.
In a 97-page ruling, a three-judge panel for the United States Court of Appeals for the Second Circuit held that a provision of the USA Patriot Actknown as Section 215 cannot be legitimately interpreted to allow the bulk collection of domestic calling records.
The ruling was certain to increase the tension that has been building in Congress as the provision of the act that has been cited to justify the bulk data collection program nears expiration. It will expire in June unless lawmakers pass a bill to extend it.
Thursday’s ruling did not come with any injunction ordering the program to cease, and it is not clear that anything else will happen in the judicial system before Congress has to make a decision about the expiring law.
It is the first time a higher-level court in the regular judicial system has reviewed the program.
The data collection had repeatedly been approved in secret by judges serving on the Foreign Intelligence Surveillance Court, known as the FISA court, which oversees national security surveillance. Those judges, who hear arguments only from the government, were willing to accept an interpretation of Section 215 that the appeals court on Thursday rejected.
The court, in a unanimous ruling written by Judge Gerard E. Lynch, held that Section 215 “cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program.” It declared the program illegal, saying, “We do so comfortably in the full understanding that if Congress chooses to authorize such a far-reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously.”
The House appears ready to pass a bill next week that would end the government’s bulk collection of phone records and replace it with a new program that would preserve the ability to analyze links between callers to hunt for terrorists but keep the bulk records in the hands of phone companies. That proposal however, has faced resistance from Senator Mitch McConnell, Republican of Kentucky, the Senate majority leader.
A similar bill died in the Senate in November after national-security hawks said it would be a gift to terrorists and Mr. McConnell urged Republicans to block an up-or-down vote on it with a filibuster. Mr. McConnell has urged a “clean extension” of Section 215 this time so the program can continue in its present form, and he said on Tuesday that he thought that was the “most likely” outcome.
But Alexander Abdo, who argued the case for the American Civil Liberties Union, praised the ruling.
“This decision is a victory for the rule of law that should spur Congress into action,” he said. “Modern technology has created tremendous opportunity, but it has also enabled surveillance on a scale inconsistent with free society. Today’s decision is an opportunity to redouble the defense of the constitutional principles that have made our nation what it is today.”
The appeals court sent the matter back to a Federal District Court judge to decide what to do next. The government could also appeal the ruling to the full appeals court, or to the Supreme Court. Parallel cases are pending before two other appeals courts that have not yet ruled.
Lawmakers who helped draft the bill that the House is about to pass, known as the USA Freedom Act, seized on the ruling as a triumph. Among them, Senators Patrick J. Leahy, Democrat of Vermont, and Mike Lee, Republican of Utah, said in a joint statement: “Congress should not reauthorize a bulk collection program that the court has found to violate the law. We will not consent to any extension of this program.”
But Mr. McConnell and Senator Richard M. Burr of North Carolina, chairman of the Senate Intelligence Committee, took to the Senate floor and gave no ground. Mr. McConnell blasted the House bill as “an untested, untried and more cumbersome system” that would neither “keep us safe or protect our privacy.”
“Section 215 helps us find a needle in the haystack,” he said. “But under the USA Freedom Act, there might not be a haystack at all.”
A senior Democratic senator suggested a compromise with Mr. McConnell, who has the power to decide which bills get brought up for a vote. The lawmaker suggested that Democrats might permit an extension of the existing statute for just a month in exchange for a promise by Mr. McConnell to allow a vote on the House bill in June.
Still, even if there were votes in Congress for a short-term extension of the existing statute to create more time for debating the USA Freedom Act, Thursday’s ruling would create a series of political and legal difficulties for keeping the program going in the interim.
The present FISA court order authorizing the bulk phone records program, issued in February by Judge James E. Boasberg of Federal District Court, expires on June 1. To bridge any gap between the existing program and a new one, the Obama administration would have to ask the FISA court to reauthorize the program for another round and a FISA judge would have to agree to do so, notwithstanding the Second Circuit’s ruling that Section 215 gives the court no authority to order phone companies to turn over customer records in bulk.
The FISA court is not directly subject to the Second Circuit’s authority — it has its own appeals court — but when Judge Boasberg issued the last order for the phone program he noted the existence of the litigation challenging the legal interpretation the FISA court had adopted, as well as the legislation pending in Congress. He required the government to file any application to renew the program again by May 22.
In a statement, Edward Price, a spokesman for the National Security Council, said the administration was still evaluating the ruling but reiterated that President Obama’s support for legislation that would transform the program is in line with the USA Freedom Act.
“Without commenting on the ruling today, the president has been clear that he believes we should end the Section 215 bulk telephony metadata program as it currently exists by creating an alternative mechanism to preserve the program’s essential capabilities without the government holding the bulk data,” he said.
The bulk phone records program traces back to October 2001. After the Sept. 11 attacks, President George W. Bush secretly authorized the N.S.A. to begin a group of surveillance and data-collection programs, without obeying statutory limits, for the purpose of hunting for hidden terrorist cells.
Over time, the legal basis for each component of that program, known as Stellarwind, evolved. In 2006, the administration persuaded a Federal District Court judge serving on the FISA Court, Malcolm J. Howard, to issue the first of many court orders blessing the phone records component, based on the idea that Section 215 could be interpreted as authorizing it.
Many other judges serving on the FISA court have subsequently renewed the program at roughly 90-day intervals. It came to light in June 2013 as part of the leaks by the intelligence contractor Edward J. Snowden, setting off a debate both about individual privacy rights and about whether the FISA court’s secret legal interpretation was founded.
Multiple lawsuits were filed in different districts challenging the program as both illegal under Section 215 and as unconstitutional. Different district court judges reached opposing conclusions about its legality.
Thursday’s ruling, in a case brought by the American Civil Liberties Union, is the first time an appeals court has weighed in. The ruling did not address the A.C.L.U.’s separate argument that bulk collection of records about Americans – regardless of the claimed legal basis – is unconstitutional.
It is not clear what other bulk data collection programs the government may have, although there have been some glimpses of others.
For example, it is known that the government also had a program between 2004 and 2011 that collected Americans’ email records in bulk – another component of the Stellarwind program. The government also recently acknowledged that the Drug Enforcement Administration collected bulk calling records between the United States and countries involved in drug trafficking from the early 1990s until 2013, using a similar legal theory.
In addition, the C.I.A. has used Section 215 to collect bulk records of international and foreign money transfers from companies like Western Union, although the government has not officially acknowledged that program.
THE COMPUTERS ARE LISTENING
HOW THE NSA CONVERTS SPOKEN WORDS INTO SEARCHABLE TEXT
Most people realize that emails and other digital communications they once considered private can now become part of their permanent record.
But even as they increasingly use apps that understand what they say, most people don’t realize that the words they speak are not so private anymore, either.
Top-secret documents from the archive of former NSA contractor Edward Snowden show the National Security Agency can now automatically recognize the content within phone calls by creating rough transcripts and phonetic representations that can be easily searched and stored.
The documents show NSA analysts celebrating the development of what they called “Google for Voice” nearly a decade ago.
Though perfect transcription of natural conversation apparently remains the Intelligence Community’s “holy grail,” the Snowden documentsdescribe extensive use of keyword searching as well as computer programs designed to analyze and “extract” the content of voice conversations, and even use sophisticated algorithms to flag conversations of interest.
The documents include vivid examples of the use of speech recognition in war zones like Iraq and Afghanistan, as well as in Latin America. But they leave unclear exactly how widely the spy agency uses this ability, particularly in programs that pick up considerable amounts of conversations that include people who live in or are citizens of the United States.
Spying on international telephone calls has always been a staple of NSA surveillance, but the requirement that an actual person do the listening meant it was effectively limited to a tiny percentage of the total traffic. By leveraging advances in automated speech recognition, the NSA has entered the era of bulk listening.
And this has happened with no apparent public oversight, hearings or legislative action. Congress hasn’t shown signs of even knowing that it’s going on.
The USA Freedom Act — the surveillance reform bill that Congress is currently debating — doesn’t address the topic at all. The bill would end an NSA program that does not collect voice content: the government’s bulk collection of domestic calling data, showing who called who and for how long.
Even if becomes law, the bill would leave in place a multitude of mechanisms exposed by Snowden that scoop up vast amounts of innocent people’s text and voice communications in the U.S. and across the globe.
Civil liberty experts contacted by The Intercept said the NSA’s speech-to-text capabilities are a disturbing example of the privacy invasions that are becoming possible as our analog world transitions to a digital one.
“I think people don’t understand that the economics of surveillance have totally changed,” Jennifer Granick, civil liberties director at the Stanford Center for Internet and Society, told The Intercept.
“Once you have this capability, then the question is: How will it be deployed? Can you temporarily cache all American phone calls, transcribe all the phone calls, and do text searching of the content of the calls?” she said. “It may not be what they are doing right now, but they’ll be able to do it.”
And, she asked: “How would we ever know if they change the policy?”
Indeed, NSA officials have been secretive about their ability to convert speech to text, and how widely they use it, leaving open any number of possibilities.
That secrecy is the key, Granick said. “We don’t have any idea how many innocent people are being affected, or how many of those innocent people are also Americans.”
I Can Search Against It
NSA whistleblower Thomas Drake, who was trained as a voice processing crypto-linguist and worked at the agency until 2008, told The Intercept that he saw a huge push after the September 11, 2001 terror attacks to turn the massive amounts of voice communications being collected into something more useful.
Human listening was clearly not going to be the solution. “There weren’t enough ears,” he said.
The transcripts that emerged from the new systems weren’t perfect, he said. “But even if it’s not 100 percent, I can still get a lot more information. It’s far more accessible. I can search against it.”
Converting speech to text makes it easier for the NSA to see what it has collected and stored, according to Drake. “The breakthrough was being able to do it on a vast scale,” he said.
More Data, More Power, Better Performance
The Defense Department, through its Defense Advanced Research Projects Agency (DARPA), started funding academic and commercial research into speech recognition in the early 1970s.
What emerged were several systems to turn speech into text, all of which slowly but gradually improved as they were able to work with more data and at faster speeds.
In a brief interview, Dan Kaufman, director of DARPA’s Information Innovation Office, indicated that the government’s ability to automate transcription is still limited.
Kaufman says that automated transcription of phone conversation is “super hard,” because “there’s a lot of noise on the signal” and “it’s informal as hell.”
“I would tell you we are not very good at that,” he said.
In an ideal environment like a news broadcast, he said, “we’re getting pretty good at being able to do these types of translations.”
A 2008 document from the Snowden archive shows that transcribing news broadcasts was already working well seven years ago, using a program called Enhanced Video Text and Audio Processing:
(U//FOUO) EViTAP is a fully-automated news monitoring tool. The key feature of this Intelink-SBU-hosted tool is that it analyzes news in six languages, including Arabic, Mandarin Chinese, Russian, Spanish, English, and Farsi/Persian. “How does it work?” you may ask. It integrates Automatic Speech Recognition (ASR) which provides transcripts of the spoken audio. Next, machine translation of the ASR transcript translates the native language transcript to English. Voila! Technology is amazing.
A version of the system the NSA uses is now even available commercially.
Experts in speech recognition say that in the last decade or so, the pace of technological improvement has been explosive. As information storage became cheaper and more efficient, technology companies were able to store massive amounts of voice data on their servers, allowing them to continually update and improve the models. Enormous processors, tuned as “deep neural networks” that detect patterns like human brains do, produce much cleaner transcripts.
And the Snowden documents show that the same kinds of leaps forward seen in commercial speech-to-text products have also been happening in secret at the NSA, fueled by the agency’s singular access to astronomical processing power and its own vast data archives.
In fact, the NSA has been repeatedly releasing new and improved speech recognition systems for more than a decade.
The first-generation tool, which made keyword-searching of vast amounts of voice content possible, was rolled out in 2004 and code-named RHINEHART.
“Voice word search technology allows analysts to find and prioritize intercept based on its intelligence content,” says an internal 2006 NSA memo entitled “For Media Mining, the Future Is Now!”
The memo says that intelligence analysts involved in counterterrorism were able to identify terms related to bomb-making materials, like “detonator” and “hydrogen peroxide,” as well as place names like “Baghdad” or people like “Musharaf.”
RHINEHART was “designed to support both real-time searches, in which incoming data is automatically searched by a designated set of dictionaries, and retrospective searches, in which analysts can repeatedly search over months of past traffic,” the memo explains (emphasis in original).
As of 2006, RHINEHART was operating “across a wide variety of missions and languages” and was “used throughout the NSA/CSS [Central Security Service] Enterprise.”
But even then, a newer, more sophisticated product was already being rolled out by the NSA’s Human Language Technology (HLT) program office. The new system, called VoiceRT, was first introduced in Baghdad, and “designed to index and tag 1 million cuts per day.”
The goal, according to another 2006 memo, was to use voice processing technology to be able “index, tag and graph,” all intercepted communications. “Using HLT services, a single analyst will be able to sort through millions of cuts per day and focus on only the small percentage that is relevant,” the memo states.
A 2009 memo from the NSA’s British partner, GCHQ, describes how “NSA have had the BBN speech-to-text system Byblos running at Fort Meade for at least 10 years. (Initially they also had Dragon.) During this period they have invested heavily in producing their own corpora of transcribed Sigint in both American English and an increasing range of other languages.” (GCHQ also noted that it had its own small corpora of transcribed voice communications, most of which happened to be “Northern Irish accented speech.”)
VoiceRT, in turn, was surpassed a few years after its launch. According to the intelligence community’s “Black Budget” for fiscal year 2013, VoiceRT was decommissioned and replaced in 2011 and 2012, so that by 2013, NSA could operationalize a new system. This system, apparently called SPIRITFIRE, could handle more data, faster. SPIRITFIRE would be “a more robust voice processing capability based on speech-to-text keyword search and paired dialogue transcription.”
Extensive Use Abroad
Voice communications can be collected by the NSA whether they are being sent by regular phone lines, over cellular networks, or through voice-over-internet services. Previously released documents from the Snowden archive describe enormous efforts by the NSA during the last decade to get access to voice-over-internet content like Skype calls, for instance. And other documents in the archive chronicle the agency’s adjustment to the fact that an increasingly large percentage of conversations, even those that start as landline or mobile calls, end up as digitized packets flying through the same fiber-optic cables that the NSA taps so effectively for other data and voice communications.
The Snowden archive, as searched and analyzed by The Intercept, documents extensive use of speech-to-text by the NSA to search through international voice intercepts — particularly in Iraq and Afghanistan, as well as Mexico and Latin America.
For example, speech-to-text was a key but previously unheralded element of the sophisticated analytical program known as the Real Time Regional Gateway (RTRG), which started in 2005 when newly appointed NSA chief Keith B. Alexander, according to the Washington Post, “wanted everything: Every Iraqi text message, phone call and e-mail that could be vacuumed up by the agency’s powerful computers.”
The Real Time Regional Gateway was credited with playing a role in “breaking up Iraqi insurgent networks and significantly reducing the monthly death toll from improvised explosive devices.” The indexing and searching of “voice cuts” was deployed to Iraq in 2006. By 2008, RTRG was operational in Afghanistan as well.
A slide from a June 2006 NSA powerpoint presentation described the role of VoiceRT:
Keyword spotting extended to Iranian intercepts as well. A 2006 memoreported that RHINEHART had been used successfully by Persian-speaking analysts who “searched for the words ‘negotiations’ or ‘America’ in their traffic, and RHINEHART located a very important call that was transcribed verbatim providing information on an important Iranian target’s discussion of the formation of a the new Iraqi government.”
According to a 2011 memo, “How is Human Language Technology (HLT) Progressing?“, NSA that year deployed “HLT Labs” to Afghanistan, NSA facilities in Texas and Georgia, and listening posts in Latin America run by the Special Collection Service, a joint NSA/CIA unit that operates out of embassies and other locations.
“Spanish is the most mature of our speech-to-text analytics,” the memo says, noting that the NSA and its Special Collections Service sites in Latin America, have had “great success searching for Spanish keywords.”
The memo offers an example from NSA Texas, where an analyst newly trained on the system used a keyword search to find previously unreported information on a target involved in drug-trafficking. In another case, an official at a Special Collection Service site in Latin America “was able to find foreign intelligence regarding a Cuban official in a fraction of the usual time.”
In a 2011 article, “Finding Nuggets — Quickly — in a Heap of Voice Collection, From Mexico to Afghanistan,” an intelligence analysis technical director from NSA Texas described the “rare life-changing instance” when he learned about human language technology, and its ability to “find the exact traffic of interest within a mass of collection.”
Analysts in Texas found the new technology a boon for spying. “From finding tunnels in Tijuana, identifying bomb threats in the streets of Mexico City, or shedding light on the shooting of US Customs officials in Potosi, Mexico, the technology did what it advertised: It accelerated the process of finding relevant intelligence when time was of the essence,” he wrote. (Emphasis in original.)
The author of the memo was also part of a team that introduced the technology to military leaders in Afghanistan. “From Kandahar to Kabul, we have traveled the country explaining NSA leaders’ vision and introducing SIGINT teams to what HLT analytics can do today and to what is still needed to make this technology a game-changing success,” the memo reads.
Extent of Domestic Use Remains Unknown
What’s less clear from the archive is how extensively this capability is used to transcribe or otherwise index and search voice conversations that primarily involve what the NSA terms “U.S. persons.”
The NSA did not answer a series of detailed questions about automated speech recognition, even though an NSA “classification guide” that is part of the Snowden archive explicitly states that “The fact that NSA/CSS has created HLT models” for speech-to-text processing as well as gender, language and voice recognition, is “UNCLASSIFIED.”
Also unclassified: The fact that the processing can sort and prioritize audio files for human linguists, and that the statistical models are regularly being improved and updated based on actual intercepts. By contrast, because they’ve been tuned using actual intercepts, the specific parameters of the systems are highly classified.
“The National Security Agency employs a variety of technologies in the course of its authorized foreign-intelligence mission,” spokesperson Vanee’ Vines wrote in an email to The Intercept. “These capabilities, operated by NSA’s dedicated professionals and overseen by multiple internal and external authorities, help to deter threats from international terrorists, human traffickers, cyber criminals, and others who seek to harm our citizens and allies.”
Vines did not respond to the specific questions about privacy protections in place related to the processing of domestic or domestic-to-international voice communications. But she wrote that “NSA always applies rigorous protections designed to safeguard the privacy not only of U.S. persons, but also of foreigners abroad, as directed by the President in January 2014.”
“I’m not going to get into whether any program does or does not have that capability,” PCLOB chairman David Medine told The Intercept.
His board’s reports, he said, contained only information that the intelligence community agreed could be declassified.
“We went to the intelligence community and asked them to declassify a significant amount of material,” he said. The “vast majority” of that material was declassified, he said. But not all — including “facts that we thought could be declassified without compromising national security.”
Hypothetically, Medine said, the ability to turn voice into text would raise significant privacy concerns. And it would also raise questions about how the intelligence agencies “minimize” the retention and dissemination of material— particularly involving U.S. persons — that doesn’t include information they’re explicitly allowed to keep.
“Obviously it increases the ability of the government to process information from more calls,” Medine said. “It would also allow the government to listen in on more calls, which would raise more of the kind of privacy issues that the board has raised in the past.”
“I’m not saying the government does or doesn’t do it,” he said, “just that these would be the consequences.”
A New Learning Curve
Speech recognition expert Bhiksha Raj likens the current era to the early days of the Internet, when people didn’t fully realize how the things they typed would last forever.
“When I started using the Internet in the 90s, I was just posting stuff,” said Raj, an associate professor at Carnegie Mellon University’s Language Technologies Institute. “It never struck me that 20 years later I could go Google myself and pull all this up. Imagine if I posted something on alt.binaries.pictures.erotica or something like that, and now that post is going to embarrass me forever.”
The same is increasingly becoming the case with voice communication, he said. And the stakes are even higher, given that the majority of the world’s communication has historically been conducted by voice, and it has traditionally been considered a private mode of communication.
“People still aren’t realizing quite the magnitude that the problem could get to,” Raj said. “And it’s not just surveillance,” he said. “People are using voice services all the time. And where does the voice go? It’s sitting somewhere. It’s going somewhere. You’re living on trust.” He added: “Right now I don’t think you can trust anybody.”
The Need for New Rules
Kim Taipale, executive director of the Stilwell Center for Advanced Studies in Science and Technology Policy, is one of several people who tried a decade ago to get policymakers to recognize that existing surveillance law doesn’t adequately deal with new global communication networks and advanced technologies including speech recognition.
“Things aren’t ephemeral anymore,” Taipale told The Intercept. “We’re living in a world where many things that were fleeting in the analog world are now on the permanent record. The question then becomes: what are the consequences of that and what are the rules going to be to deal with those consequences?”
Realistically, Taipale said, “the ability of the government to search voice communication in bulk is one of the things we may have to live with under some circumstances going forward.” But there at least need to be “clear public rules and effective oversight to make sure that the information is only used for appropriate law-enforcement or national security purposes consistent with Constitutional principles.”
Ultimately, Taipale said, a system where computers flag suspicious voice communications could be less invasive than one where people do the listening, given the potential for human abuse and misuse to lead to privacy violations. “Automated analysis has different privacy implications,” he said.
But to Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, the distinction between a human listening and a computer listening is irrelevant in terms of privacy, possible consequences, and a chilling effect on speech.
“What people care about in the end, and what creates chilling effects in the end, are consequences,” he said. “I think that over time, people would learn to fear computerized eavesdropping just as much as they fear eavesdropping by humans, because of the consequences that it could bring.”
Indeed, computer listening could raise new concerns. One of the internal NSA memos from 2006 says an “important enhancement under development is the ability for this HLT capability to predict what intercepted data might be of interest to analysts based on the analysts’ past behavior.”
Citing Amazon’s ability to not just track but predict buyer preferences, the memo says that an NSA system designed to flag interesting intercepts “offers the promise of presenting analysts with highly enriched sorting of their traffic.”
To Phillip Rogaway, a professor of computer science at the University of California, Davis, keyword-search is probably the “least of our problems.” In an email to The Intercept, Rogaway warned that “When the NSA identifies someone as ‘interesting’ based on contemporary NLP [Natural Language Processing] methods, it might be that there is no human-understandable explanation as to why beyond: ‘his corpus of discourse resembles those of others whom we thought interesting’; or the conceptual opposite: ‘his discourse looks or sounds different from most people’s.’”
If the algorithms NSA computers use to identify threats are too complex for humans to understand, Rogaway wrote, “it will be impossible to understand the contours of the surveillance apparatus by which one is judged. All that people will be able to do is to try your best to behave just like everyone else.”
Next: The NSA’s best kept open secret.
Documents published with this article:
- RT10 Overview (June 2006)
- For Media Mining, the Future is Now! (August 1, 2006)
- For Media Mining, the Future is Now! (conclusion) (August 7, 2006)
- Dealing With a ‘Tsunami’ of Intercept (August 29, 2006)
- Coming Soon! A Tool that Enables Non-Linguists to Analyze Foreign-TV News Programs (October 23, 2008)
- SIRDCC Speech Technology WG assessment of current STT technology (December 7, 2009)
- Classification Guide for Human Language Technology (HLT) Models(May 18, 2011)
- Finding Nuggets – Quickly – in a Heap of Voice Collection, From Mexico to Afghanistan (May 25, 2011)
- How Is Human Language (HLT) Progressing?(September 26, 2011)
- “Black Budget” — FY 2013 Congressional Budget Justification/National Intelligence Program, p. 262 (February 2012)
- “Black Budget” — FY 2013 Congressional Budget Justification/National Intelligence Program, pp. 360-364 (February 2012)
Research on the Snowden archive was conducted by Intercept researcher Andrew Fishman
Section 215 of the USA PATRIOT Act
EFF sued the Department of Justice (DOJ) on the 10th anniversary of the signing of the USA PATRIOT Act in October 2011 for answers about “secret interpretations” of a controversial section of the law. In June 2013, a leaked FISA court order publicly revealed that “secret interpretation”: the government was using Section 215 of the Patriot Act to collect the phone records of virtually every person in the United States.
Prior to the revelations, several senators warned that the DOJ was using Section 215 of the PATRIOT Act to support what government attorneys called a “sensitive collection program,” targeting large numbers of Americans. The language of Section 215 allows for secret court orders to collect “tangible things” that could be relevant to a government investigation – a far lower threshold and more expansive reach than a warrant based on probable cause. The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns.
In response to a court order in our lawsuit, in September 2013, the government released hundreds of pages of previously secret FISA documents detailing the court’s interpretation of Section 215, including an opinion excoriating the NSA for misusing its mass surveillance database for years. In October 2013, the government released a second batch of documents related to Section 215, which showed, among other things, that the NSA had collected cell site location without notifying its oversight committees in Congress or the FISA court.
EFF’s lawsuit came after the DOJ failed to respond to a Freedom of Information Act (FOIA) request on the interpretation and use of Section 215. The suit demanded records describing the types of “tangible things” that have been collected so far, the legal basis for the “sensitive collection program,” and information on the how many people have been affected by Section 215 orders.
The lawsuit remains ongoing.
Background Articles and Videos
Through a PRISM, Darkly – Everything we know about NSA spying [30c3]
Published on Dec 30, 2013
Through a PRISM, Darkly
Everything we know about NSA spying
From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.
Speaker: Kurt Opsahl
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Glenn Becks “SURVEILLANCE STATE”
Inside the NSA
Ed Snowden, NSA, and Fairy Tales
AT&T Spying On Internet Traffic
For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”
NSA Whistle-Blower Tells All – Op-Docs: The Program
The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.
NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post
He told you so: Bill Binney talks NSA leaks
William Benny – The Government is Profiling You (The NSA is Spying on You)
‘After 9/11 NSA had secret deal with White House’
The story of Whistleblower Thomas Drake
Whistleblowers, Part Two: Thomas Drake
NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013
Meet Edward Snowden: NSA PRISM Whistleblower
The Truth About Edward Snowden
N.S.A. Spying: Why Does It Matter?
Inside The NSA~Americas Cyber Secrets
NSA Whistleblower Exposes Obama’s Dragnet
AT&T whistleblower against immunity for Bush spy program-1/2
AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program
The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.
AT&T whistleblower against immunity for Bush spy program-2/2
Enemy Of The State 1998 (1080p) (Full movie)
Background Articles and Videos
Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau. The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001. Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.
The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity. William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.
There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.
During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”. One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.
In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon. The article suggested that the otherwise dispatched Stellar Wind is actually an active program.
PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[Notes 1] PRISM is a government codename for a data collection effort known officially as US-984XN. It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA). The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.
A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.” The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012. The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.
According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum. Clapper issued a statement and “fact sheet” to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.
PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s. A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC). PRISM was authorized by an order of the FISC. Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017. According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.
PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden. The leaked documents included 41 PowerPoint slides, four of which were published in news articles. The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012). The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”
The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States. The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.
According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally. Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”
Response from companies
The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.
Initial Public Statements
Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports. Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:
- Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”
- Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.” “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”
- Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”
- Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.” “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”
- Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”
- Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”
In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data. The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.” “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.
“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.
On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant. Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”
The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.” The other companies held discussions with national security personnel on how to make data available more efficiently and securely. In some cases, these companies made modifications to their systems in support of the intelligence collection effort. The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel. These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers” and the companies’ denials.
While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission. Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said. Facebook, for instance, built such a system for requesting and sharing the information. Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.
Post-PRISM Transparency Reports
In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.
On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000” user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.
Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.
Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.
Response from United States government
Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats. The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.” He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.” Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.” On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans. In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.
Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”
On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.” The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”
The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”
The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.” He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”
In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.
In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification, and others said that they had not been aware of the program. After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:
Senator John McCain (R-AZ)
- June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”
Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee
- June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.
- June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”
- June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”
Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee
- June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”
Representative John Boehner (R-OH), Speaker of the House of Representatives
- June 11 “He’s a traitor” (referring to Edward Snowden)
Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act
- June 9, “This is well beyond what the Patriot Act allows.” “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”
Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.
- June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”
- June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”
Senator Mark Udall (D-CO)
- June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.
Representative Todd Rokita (R-IN)
- June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,
Senator Rand Paul (R-KY)
- June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”
- June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”
Representative Luis Gutierrez (D-IL)
- June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”
The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.
Applicable law and practice
On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).” Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.” In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.” When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.” They do not need to specify which facilities or property that the targeting will be directed at.
After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret. The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.
If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.
If the provider rejects the directive, the A.G. may request an order from FISC to enforce it. A provider that fails to comply with FISC’s order can be punished with contempt of court.
Finally, a provider can petition FISC to reject the directive. In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order. The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.
The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”
Involvement of other countries
The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.
Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”
Germany did not receive any raw PRISM data, according to a Reuters report.
Israeli newspaper Calcalist discussed the Business Insider article about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.
In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”
In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.
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The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,” and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”
Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.” Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.” He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.
In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case. An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.” Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.” Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.” In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.
In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers; the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.” George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.
The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.
On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.
Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California. When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”. The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style. Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”
Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.
Protests at Checkpoint Charlie in Berlin
The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”. He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.
The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.
William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.” David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.” Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority. The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”
Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”
Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.” The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.
Russia has offered to consider an asylum request from Edward Snowden.
Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”
Related government Internet surveillance programs
A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”
A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.
ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun. The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority. The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.
ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections. A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail. It ran over budget, failed to accomplish critical goals, and was cancelled.
NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation. The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.
Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens. Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.
In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000. SAIC had also hired a former NSA director to its management; Bobby Inman. SAIC also participated in the concept definition phase of Trailblazer.
The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” 
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.” The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule. In 2006 the program was shut down, after having cost billions of US Dollars. Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.
The new project replacing Trailblazer is called Turbulence.
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”
In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying. A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy. Drake gave info to DoD during its investigation of the matter. Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed. She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.
Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.
In 2003, the NSA IG (not the DoD IG) had declared Trailblazer an expensive failure. It had cost more than $1 billion.
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative. Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun. Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union. None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917, part of President Barack Obama’s crackdown on whistleblowers and “leakers”. The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.
In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.
Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities. It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian. According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.
Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.
Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).
NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.
Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian. The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.
According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.
Legality and FISA Amendments Act of 2008
The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.
The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”
Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.
ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS and Five Eyes). It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.
ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.
The system has been reported in a number of public sources. Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001, and by author James Bamford in his books on the National Security Agency of the United States. The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.
Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.
The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:
- the Government Communications Headquarters of the United Kingdom,
- the National Security Agency of the United States,
- the Communications Security Establishment of Canada,
- the Defence Signals Directorate of Australia, and
- the Government Communications Security Bureau of New Zealand.
- the National SIGINT Organisation (NSO) of The Netherlands
The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.
The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic. During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication, and could be intercepted at great distances. The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”
The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber. The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%. Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video. Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.
One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt. A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.
Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.
Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes. Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon and the speech technology developed by the Belgian firm Lernout & Hauspie. An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.
In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.
Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.
According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits. The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.
The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.” The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).
Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK. At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.
The 2001 European Parliamentary (EP) report lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:
Likely satellite intercept stations
The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:
- Hong Kong (since closed)
- Australian Defence Satellite Communications Station (Geraldton, Western Australia)
- Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)
- Misawa Air Base (Japan) Map
- GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
- Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
- Sugar Grove (West Virginia, U.S.) Map
- Yakima Training Center (Washington, U.S.) Map
- GCSB Waihopai (New Zealand)
- GCSB Tangimoana (New Zealand)
- CFS Leitrim (Ontario, Canada)
- Teufelsberg (Berlin, Germany) (closed 1992)
Other potentially related stations
The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:
- Ayios Nikolaos (Cyprus – U.K.)
- BadAibling Station (BadAibling, Germany – U.S.)
- relocated to Griesheim in 2004
- deactivated in 2008
- Buckley Air Force Base (Aurora, Colorado)
- Fort Gordon (Georgia, U.S.)
- Gander (Newfoundland & Labrador, Canada)
- Guam (Pacific Ocean, U.S.)
- Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
- Lackland Air Force Base, Medina Annex (San Antonio, Texas)
Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T. The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.” Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.
The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.
The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T. Klein claims he was told that similar black rooms are operated at other facilities around the country.
Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.
The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case. A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.
List of government surveillance projects for the United States
- Nationwide Suspicious Activity Reporting Initiative: Under this initiative, a Suspicious Activity Report may be filed by law enforcers, public safety personnel, owners of critical infrastructure or the general public.
- PRISM: A clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) which can target customers of participating corporations outside or inside the United States
- DCSNet: The Federal Bureau of Investigation (FBI)’s point-and-click surveillance system that can perform instant wiretaps on any telecommunications device located in the United States.
- Main Core: A personal and financial database storing information of millions of U.S. citizens believed to be threats to national security. The data mostly comes from the NSA, FBI, CIA, as well as other government sources.
- Magic Lantern: A keystroke logging software deployed by the FBI in the form of an e-mail attachment. When activated, it acts as a trojan horse and allows the FBI to decrypt user communications.
- Carnivore: A system implemented by the Federal Bureau of Investigation that was designed to monitor email and electronic communications. Apparently replaced by commercial software such as NarusInsight
- NSA call database
- Intelligence Community (IC): A cooperative federation of 16 government agencies working together, but also separately, to gather intelligence and conduct espionage
- Financial Crimes Enforcement Network: A bureau of the Department of the Treasury that collects and analyzes financial transactions in order to combat financial crimes.
- Terrorist Finance Tracking Program: A joint initiative run by the CIA and the Department of the Treasury to access the SWIFT (Society for Worldwide Interbank Financial Telecommunication) transaction database as part of the Bush administration‘s “Global War on Terrorism“. According to the U.S. government, its efforts to counter terrorist activities were compromised after the existence of the Terrorist Finance Tracking Program was leaked to the media.
- Tailored Access Operations: Intelligence-gathering unit of the NSA that is capable of harvesting approximately 2 petabytes of data per hour.
- Boundless Informant: A system deployed by the National Security Agency to analyze global electronic information. In March 2013, Boundless Informant gathered 14 billion data reports from Iran, 6.3 billion from India, and 2.8 billion from the United States.
Section summary of the Patriot Act, Title II
The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections (section 224) containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title’s provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.
Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon individual and civil rights.
The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with “Crimes and Criminal Procedure“. It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies’ powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.
- 1 Sections 201 & 202: Intercepting communications
- 2 Section 203: Authority to share criminal investigative information
- 3 Section 204: Limitations on communication interceptions
- 4 Section 205: Employment of translators by the FBI
- 5 Section 206: Roving surveillance authority
- 6 Section 207: Duration of FISA surveillance on agents of a foreign power
- 7 Section 208: Designation of judges
- 8 Section 209: Seizure of voice-mail messages pursuant to warrants
- 9 Section 210 & 211: Scope of subpoenas for records of electronic communications
- 10 Section 212: Emergency disclosure of electronic communications
- 11 Section 213: Delayed search warrant notification
- 12 Section 214: Pen register and trap and trace authority
- 13 Section 215: Access to records and other items under FISA
- 14 Section 216: Authority to issue pen registers and trap and trace devices
- 15 Section 217: Interception of computer trespasser communications
- 16 Section 218: Foreign intelligence information
- 17 Section 219: Single-jurisdiction search warrants for terrorism
- 18 Section 220: Nationwide service of search warrants for electronic evidence
- 19 Section 221: Trade sanctions
- 20 Section 222: Assistance to law enforcement agencies
- 21 Section 223: Civil liability for certain unauthorized disclosures
- 22 Section 224: Sunset
- 23 Section 225: Immunity for compliance with FISA wiretap
- 24 Notes and references
- 25 External links
Sections 201 & 202: Intercepting communications
Two sections dealt with the interception of communications by the United States government.
Section 201 is titled Authority to intercept wire, oral, and electronic communications relating to terrorism. This section amended 18 U.S.C. § 2516 (Authorization for interception of wire, oral, or electronic communications) of the United States Code. This section allows (under certain specific conditions) the United States Attorney General (or some of his subordinates) to authorize a Federal judge to make an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation (FBI), or another relevant U.S. Federal agency.
The Attorney General’s subordinates who can use Section 201 are: the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division who is specially designated by the Attorney General.
The amendment added a further condition which allowed an interception order to be carried out. The interception order may now be made if a criminal violation is made with respect to terrorism (defined by 18 U.S.C. § 2332):
- the use of weapons of mass destruction (defined by 18 U.S.C. § 2332a), or
- providing financial aid to facilitate acts of terrorism (defined by 18 U.S.C. § 2332d), or
- providing material support to terrorists (defined by 18 U.S.C. § 2339A), or
- Providing material support or resources to designated foreign terrorist organizations (defined by 18 U.S.C. § 2339B).
Note: the legislation states that title 18, section 2516(1), paragraph (p) of the United States Code was redesignated (moved) to become paragraph (q). This paragraph had been previously redesignated by two other pieces of legislation: the Antiterrorism and Effective Death Penalty Act of 1996[dead link] and by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (see section 201(3)).
Section 202 is titled Authority to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses, and amended the United States Code to include computer fraud and abuse in the list of reasons why an interception order may be granted.
Section 203: Authority to share criminal investigative information
Section 203 (Authority to share criminal investigation information) modified the Federal Rules of Criminal Procedure with respect to disclosure of information before the grand jury (Rule 6(e)). Section 203(a) allowed the disclosure of matters in deliberation by the grand jury, which are normally otherwise prohibited, if:
- a court orders it (before or during a judicial proceeding),
- a court finds that there are grounds for a motion to dismiss an indictment because of matters before the Grand Jury,
- if the matters in deliberation are made by an attorney for the government to another Federal grand jury,
- an attorney for the government requests that matters before the grand jury may reveal a violation of State criminal law,
- the matters involve foreign intelligence or counterintelligence or foreign intelligence information. Foreign intelligence and counterintelligence was defined in section 3 of the National Security Act of 1947, and “foreign intelligence information” was further defined in the amendment as information about:
- an actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
- sabotage or international terrorism by a foreign power or an agent of a foreign power; or
- clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or
- information about a foreign power or foreign territory that relates to the national defense or the security of the United States or the conduct of the foreign affairs of the United States.’.
- information about non-U.S. and U.S. citizens
203(a) gave the court the power to order a time within which information may be disclosed, and specified when a government agency may use information disclosed about a foreign power. The rules of criminal procedure now state that “within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made.”
Section 203(b) modified 18 U.S.C. § 2517, which details who is allowed to learn the results of a communications interception, to allow any investigative or law enforcement officer, or attorney for the Government to divulge foreign intelligence, counterintelligence or foreign intelligence information to a variety of Federal officials. Specifically, any official who has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from this could divulge this information to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official. The definition of “foreign intelligence” was the same as section 203(a), with the same ability to define “foreign intelligence” to be intelligence of a non-U.S. and U.S. citizen. The information received must only be used as necessary in the conduct of the official’s official duties.
The definition of “foreign intelligence information” is defined again in Section 203(d).
Section 203(c) specified that the Attorney General must establish procedures for the disclosure of information due to 18 U.S.C. § 2517 (see above), for those people who are defined as U.S. citizens.
Section 204: Limitations on communication interceptions
Section 204 (Clarification of intelligence exceptions from limitations on interception and disclosure of wire, oral, and electronic communication) removed restrictions from the acquisition of foreign intelligence information from international or foreign communications. It was also clarified that the Foreign Intelligence Surveillance Act of 1978 should not only be the sole means of electronic surveillance for just oral and wire intercepts, but should also include electronic communication.
Section 205: Employment of translators by the FBI
Under section 205 (Employment of translators by the Federal Bureau of Investigation), the Director of the Federal Bureau of Investigation is now allowed to employ translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations. However, he must report to the House Judiciary Committee and Senate Judiciary Committee the number of translators employed and any legal reasons why he cannot employ translators from federal, state, or local agencies.
Section 206: Roving surveillance authority
The Foreign Intelligence Surveillance Act of 1978 allows an applicant access to all information, facilities, or technical assistance necessary to perform electronic surveillance on a particular target. The assistance given must protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. The direction could be made at the request of the applicant of the surveillance order, by a common carrier, landlord, custodian or other specified person. Section 206 (Roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978) amended this to add:
- or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a particular person.
This allows intelligence agencies to undertake “roving” surveillance: they do not have to specify the exact facility or location where their surveillance will be done. Roving surveillance was already specified for criminal investigations under Center for Democracy & Technology, argued that a few months after the Patriot Act was passed the Intelligence Authorization Act was also passed that had the unintended effect of seeming to authorize “John Doe” roving taps — FISA orders that identify neither the target nor the location of the interception (see The Patriot Debates, James X. Dempsey debates Paul Rosenzweig on section 206)., and section 206 brought the ability of intelligence agencies to undertake such roving surveillance into line with such criminal investigations. However, the section was not without controversy, as James X. Dempsey, the Executive Director of the
Section 207: Duration of FISA surveillance on agents of a foreign powe
Previously FISA only defined the duration of a surveillance order against a foreign power (defined in physical searches from 45 days to 90 days, and orders for physical searches against agents of a foreign power are allowed for a maximum of 120 days. The act also clarified that extensions for surveillance could be granted for a maximum of a year against agents of a foreign power.) . This was amended by section 207 (Duration of FISA surveillance of non-United States persons who are agents of a foreign power) to allow surveillance of agents of a foreign power (as defined in section ) for a maximum of 90 days. Section 304(d)(1) was also amended to extend orders for
Section 208: Designation of judges
Section 103(A) of FISA was amended by Section 208 (Designation of judges) of the Patriot Act to increase the number of federal district court judges who must now review surveillance orders from seven to 11. Of these, three of the judges must live within 20 miles (32 km) of the District of Columbia.
Section 209: Seizure of voice-mail messages pursuant to warrants
Section 209 (Seizure of voice-mail messages pursuant to warrants) removed the text “any electronic storage of such communication” from title 18, section 2510 of the United States Code. Before this was struck from the Code, the U.S. government needed to apply for a title III wiretap order before they could open voice-mails, however now the government only need apply for an ordinary search. Section 2703, which specifies when a “provider of electronic communication services” must disclose the contents of stored communications, was also amended to allow such a provider to be compelled to disclose the contents via a search warrant, and not a wiretap order. According to Vermont senator Patrick Leahy, this was done to “harmonizing the rules applicable to stored voice and non-voice (e.g., e-mail) communications”.
Section 210 & 211: Scope of subpoenas for records of electronic communications
The U.S. Code specifies when the U.S. government may require a provider of an electronic communication service to hand over communication records. It specifies what that provider must disclose to the government, and was amended by section 210 (Scope of subpoenas for records of electronic communications) to include records of session times and durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used, even if this may only be temporary. For instance, this would include temporarily assigned IP addresses, such as those established by DHCP.
Section 211 (Clarification of scope) further clarified the scope of such orders. 47 U.S.C. § 551 (Section 631 of the Communications Act of 1934) deals with the privacy granted to users of cable TV. The code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of records revealing cable subscriber selection of video programming from a cable operator.
Section 212: Emergency disclosure of electronic communications
Section 212 (Emergency disclosure of electronic communications to protect life and limb) amended the US Code to stop a communications provider from providing communication records (not necessarily relating to the content itself) about a customer’s communications to others. However, should the provider reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person then the communications provider can now disclose this information. The act did not make clear what “reasonably” meant.
A communications provider could also disclose communications records if:
- a court orders the disclosure of communications at the request of a government agency (18 U.S.C. § 2703)
- the customer allows the information to be disclosed
- if the service provider believes that they must do so to protect their rights or property.
Section 213: Delayed search warrant notification
Section 213 (Authority for delaying notice of the execution of a warrant) amended the US Code to allow the notification of search warrants to be delayed. This section has been commonly referred to as the “sneak and peek” section, a phrase originating from the FBI and not, as commonly believed, from opponents of the Patriot Act. The U.S. government may now legally search and seize property that constitutes evidence of a United States criminal offense without immediately telling the owner. The court may only order the delayed notification if they have reason to believe it would hurt an investigation — delayed notifications were already defined in 18 U.S.C. § 2705 — or, if a search warrant specified that the subject of the warrant must be notified “within a reasonable period of its execution,” then it allows the court to extend the period before the notification is given, though the government must show “good cause”. If the search warrant prohibited the seizure of property or communications, then the search warrant could then be delayed.
Before the Patriot Act was enacted, there were three cases before the United States district courts: United States v. Freitas, 800 F.2d 1451 (9th Cir. 1986); United States v. Villegas, 899 F.2d 1324 (2d Cir. 1990); and United States v. Simons, 206 F.3d 392 (4th Cir. 2000). Each determined that, under certain circumstances, it was not unconstitutional to delay the notification of search warrants.
Section 214: Pen register and trap and trace authority
FISA was amended by section 214 (Pen register and trap and trace authority under FISA) to clarify that pen register and trap and trace surveillance can be authorised to allow government agencies to gather foreign intelligence information. Where the law only allowed them to gather surveillance if there was evidence of international terrorism, it now gives the courts the power to grant trap and traces against:
- non-U.S. citizens.
- those suspected of being involved with international terrorism,
- those undertaking clandestine intelligence activities
Section 215: Access to records and other items under FISA
FISA was modified by section 215 (Access to records and other items under the Foreign Intelligence Surveillance Act) to allow the Director of the FBI (or an official designated by the Director, so long as that official’s rank is no lower than Assistant Special Agent in Charge) to apply for an order to produce materials that assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities. The act specifically gives an example to clarify what it means by “tangible things”: it includes “books, records, papers, documents, and other items”.
It is specified that any such investigation must be conducted in accordance with guidelines laid out in Executive Order 12333 (which pertains to United States intelligence activities). Investigations must also not be performed on U.S. citizens who are carrying out activities protected by the First Amendment to the Constitution of the United States.
Any order that is granted must be given by a FISA court judge or by a magistrate judge who is publicly designated by the Chief Justice of the United States to allow such an order to be given. Any application must prove that it is being conducted without violating the First Amendment rights of any U.S. citizens. The application can only be used to obtain foreign intelligence information not concerning a U.S. citizen or to protect against international terrorism or clandestine intelligence activities.
This section of the PATRIOT Act is controversial because the order may be granted ex parte, and once it is granted — in order to avoid jeopardizing the investigation — the order may not disclose the reasons behind why the order was granted.
The section carries a gag order stating that “No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section”. Senator Rand Paul stated that the non-disclosure is imposed for one year, though this is not explicitly mentioned in the section.
In order to protect anyone who complies with the order, FISA now prevents any person who complies with the order in “good faith” from being liable for producing any tangible goods required by the court order. The production of tangible items is not deemed to constitute a waiver of any privilege in any other proceeding or context.
As a safeguard, section 502 of FISA compels the Attorney General to inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate of all such orders granted. Every six months, the Attorney General must also provide a report to the Committee on the Judiciary of the House of Representatives and the Senate which details the total number of applications made for orders approving requests for the production of tangible things and the total number of such orders either granted, modified, or denied.
During a House Judiciary hearing on domestic spying on July 17, 2013 John C. Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations. “Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with. NSA officials had said previously that data mining was limited to two hops, but Inglis suggested that the Foreign Intelligence Surveillance Court has allowed for data analysis extending “two or three hops”.
This section was reauthorized in 2011.
Section 216: Authority to issue pen registers and trap and trace devices
Section 216 (Modification of authorities relating to use of pen registers and trap and trace devices) deals with three specific areas with regards to pen registers and trap and trace devices: general limitations to the use of such devices, how an order allowing the use of such devices must be made, and the definition of such devices.
18 U.S.C. § 3121 details the exceptions related to the general prohibition on pen register and trap and trace devices. Along with gathering information for dialup communications, it allows for gathering routing and other addressing information. It is specifically limited to this information: the Act does not allow such surveillance to capture the actual information that is contained in the communication being monitored. However, organisations such as the EFF have pointed out that certain types of information that can be captured, such as URLs, can have content embedded in them. They object to the application of trap and trace and pen register devices to newer technology using a standard designed for telephones.
Making and carrying out orders
It also details that an order may be applied for ex parte (without the party it is made against present, which in itself is not unusual for search warrants), and allows the agency who applied for the order to compel any relevant person or entity providing wire or electronic communication service to assist with the surveillance. If the party whom the order is made against so requests, the attorney for the Government, law enforcement or investigative officer that is serving the order must provide written or electronic certification that the order applies to the targeted individual.
If a pen register or trap and trace device is used on a packet-switched data network, then the agency doing surveillance must keep a detailed log containing:
- any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
- the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
- the configuration of the device at the time of its installation and any subsequent modification made to the device; and
- any information which has been collected by the device
This information must be generated for the entire time the device is active, and must be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device. This must be done within 30 days after termination of the order.
Orders must now include the following information:
- the identifying number of the device under surveillance
- the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied
- if a trap and trace device is installed, the geographic limits of the order must be specified
This section amended the non-disclosure requirements of by expanding to include those whose facilities are used to establish the trap and trace or pen register or to those people who assist with applying the surveillance order who must not disclose that surveillance is being undertaken. Before this it had only applied to the person owning or leasing the line.
The following terms were redefined in the US Code’s chapter 206 (which solely deals with pen registers and trap and trace devices):
- Court of competent jurisdiction: defined in United States district court (including a magistrate judge of such a court) or any United States court of appeals havingjurisdiction over the offense being investigated (title 18 also allows State courts that have been given authority by their State to use pen register and trap and trace devices) , subparagraph A was stricken and replaced to redefine the court to be any
- Pen register: defined in routing, addressing, or signaling information from an electronics communication device. It limited the usage of such devices to exclude the capturing of any of the contents of communications being monitored. was also similarly amended. , the definition of such a device was expanded to include a device that captures dialing,
- Trap and trace device: defined in routing, addressing, or signaling information from an electronics communication device. However, a trap and trace device can now also be a “process”, not just a device. , the definition was similarly expanded to include the dialing,
- Contents: clarifies the term “contents” (as referred to in the definition of trap and trace devices and pen registers) to conform to the definition as defined in , which when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Section 217: Interception of computer trespasser communications
Section 217 (Interception of computer trespasser communications) firstly defines the following terms:
- Protected computer: this is defined in , and is any computer that is used by a financial institution or the United States Government or one which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
- Computer trespasser: this is defined in
and references to this phrase means
- a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and
- does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer
Amendments were made toto make it lawful to allow a person to intercept the communications of a computer trespasser if
- the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer,
- the person is lawfully engaged in an investigation,
- the person has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to their investigation, and
- any communication captured can only relate to those transmitted to or from the computer trespasser.
Section 218: Foreign intelligence information
Section 218 (Foreign intelligence information) amended Mary DeRosa, in The Patriot Debates, explained that the reason behind this was to remove a legal “wall” which arose when criminal and foreign intelligence overlapped. This was because the U.S. Department of Justice interpreted “the purpose” of surveillance was restricted to collecting information for foreign intelligence, which DeRosa says “was designed to ensure that prosecutors and criminal investigators did not use FISA to circumvent the more rigorous warrant requirements for criminal cases”. However, she also says that it is debatable whether this legal tightening of the definition was even necessary, stating that “the Department of Justice argued to the FISA Court of Review in 2002 that the original FISA standard did not require the restrictions that the Department of Justice imposed over the years, and the court appears to have agreed [which] leaves the precise legal effect of a sunset of section 218 somewhat murky.”and (both FISA sections 104(a) (7)(B) and section 303(a)(7)(B), respectively) to change “the purpose” of surveillance orders under FISA to gain access to foreign intelligence to “significant purpose”.
Section 219: Single-jurisdiction search warrants for terrorism
Section 219 (Single-jurisdiction search warrants for terrorism) amended the Federal Rules of Criminal Procedure to allow a magistrate judge who is involved in an investigation of domestic terrorism or international terrorism the ability to issue a warrant for a person or property within or outside of their district.
Section 220: Nationwide service of search warrants for electronic evidence
Section 220 (Nationwide service of search warrants for electronic evidence) gives the power to Federal courts to issue nationwide service of search warrants for electronic surveillance. However, only courts with jurisdiction over the offense can order such a warrant. This required amending 18 U.S.C. § 2703 and 18 U.S.C. § 2711.
Section 221: Trade sanctions
Section 221 (Trade sanctions) amended the Trade Sanctions Reform and Export Enhancement Act of 2000. This Act prohibits, except under certain specific circumstances, the President from imposing a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity. The Act holds various exceptions to this prohibition, and the Patriot Act further amended the exceptions to include holding sanctions against countries that design, develop or produce chemical or biological weapons, missiles, or weapons of mass destruction. It also amended the act to include the Taliban as state sponsors of international terrorism. In amending Title IX, section 906 of the Trade sanctions act, the Taliban was determined by the Secretary of State to have repeatedly provided support for acts of international terrorism and the export of agricultural commodities, medicine, or medical devices is now pursuant to one-year licenses issued and reviewed by the United States Government. However, the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea were exempt from such a restriction.
The Patriot Act further states that nothing in the Trade Sanctions Act will limit the application of criminal or civil penalties to those who export agricultural commodities, medicine, or medical devices to:
- foreign entities who commit acts of violence to disrupt the Middle East peace process
- those deemed to be part of a Foreign Terrorist Organisation under the Antiterrorism and Effective Death Penalty Act of 1996
- foreign entities or individuals deemed to support terrorist activities
- any entity that is involved in drug trafficking
- any foreign entity or individual who is subject to any restriction for involvement in weapons of mass destruction or missile proliferation.
Section 222: Assistance to law enforcement agencies
Section 222 (Assistance to law enforcement agencies) states that nothing in the Patriot Act shall make a communications provider or other individual provide more technical assistance to a law enforcement agency than what is set out in the Act. It also allows for the reasonable compensation of any expenses incurred while assisting with the establishment of pen registers or trap and trace devices.
Section 223: Civil liability for certain unauthorized disclosures
allows any person who has had their rights violated due to the illegal interception of communications to take civil action against the offending party. Section 223 (Civil liability for certain unauthorized disclosures) excluded the United States from such civil action.
If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of chapter 119 of the U.S. Code they may request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action.
A citizen’s rights will also be found to have been violated if an investigative, law enforcement officer or governmental entity discloses information beyond that allowed in .
U.S. Code Title 18, Section 2712 added
A totally new section was appended to Title 18, Chapter 121 of the US Code: Section 2712, “Civil actions against the United States”. It allows people to take action against the US Government if they feel that they had their rights violated, as defined in chapter 121,chapter 119, or sections 106(a), 305(a), or 405(a) of FISA. The court may assess damages no less than $US10,000 and litigation costs that are reasonably incurred. Those seeking damages must present them to the relevant department or agency as specified in the procedures of the Federal Tort Claims Act.
Actions taken against the United States must be initiated within two years of when the claimant has had a reasonable chance to discover the violation. All cases are presented before a judge, not a jury. However, the court will order a stay of proceedings if they determine that if during the court case civil discovery will hurt the ability of the government to conduct a related investigation or the prosecution of a related criminal case. If the court orders the stay of proceedings they will extend the time period that a claimant has to take action on a reported violation. However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party.
If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted. The court may then disclose part of material relating to the surveillance. However, the court is restricted in they may only do this “where such disclosure is necessary to make an accurate determination of the legality of the surveillance”. If it then determined that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the result of such surveillance may be suppressed as evidence. However, should the court determine that such surveillance was lawfully authorised and conducted, they may deny the motion of the aggrieved person.
It is further stated that if a court or appropriate department or agency determines that an officer or employee of the United States willfully or intentionally violated any provision of chapter 121 of the U.S. Code they will request an internal review from that agency or department. If necessary, an employee may then have administrative action taken against them. If the department or agency do not take action, then they must inform the notify the Inspector General who has jurisdiction over the agency or department, and they must give reasons to them why they did not take action. (see for a similar part of the Act)
Section 224: Sunset
|This article is outdated. Please update this article to reflect recent events or newly available information. (November 2010)|
Section 224 (Sunset) is a sunset clause. Title II and the amendments made by the title originally would have ceased to have effect on December 31, 2005, with the exception of the below sections. However, on December 22, 2005, the sunset clause expiration date was extended to February 3, 2006, and then on February 2, 2006 it was further extended to March 10:
|203(a)||Authority to share criminal investigation information : Authority to share Grand Jury information|
|203(c)||Authority to share criminal investigation information : Procedures|
|205||Employment of translators by the Federal Bureau of Investigation|
|208||Designation of judges|
|210||Scope of subpoenas for records of electronic communications|
|211||Clarification of scope|
|213||Authority for delaying notice of the execution of a warrant|
|216||Modification of authorities relating to use of pen registers and trap and trace devices|
|219||Single-jurisdiction search warrants for terrorism|
|222||Assistance to law enforcement agencies|
Further, any particular foreign intelligence investigations that are ongoing will continue to be run under the expired sections.
Section 225: Immunity for compliance with FISA wiretap
Section 225 (Immunity for compliance with FISA wiretap) gives legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance. This was added to FISA as section 105 (50 U.S.C. § 1805).
Notes and references
- See Antiterrorism and Effective Death Penalty Act of 1996, section 434(2)
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 201. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorism.”, page 7 & Patrick Leahy, Section-bySection Analysis, “Sec. 201.”
- computer crime is a felony violation of 18 U.S.C. § 1030. —
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 202. Authority to Intercept Wire, Oral, and Electronic Communications Relating to Computer Fraud and Abuse Offenses.”, page 8 & Patrick Leahy, Section-bySection Analysis, “Sec. 202.”
- 20 U.S.C. § 401a
- 18 U.S.C. § 2517
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 203. Authority to share criminal investigation information”, page 8 & Patrick Leahy, Section-by-Section Analysis, “Sec. 203.”
- was amended to allow this change
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 204. Clarification of Intelligence Exceptions From Limitations on Interception and Disclosure of Wire, Oral and Electronic Communications.”, page 9 & Patrick Leahy, Section-by-Section Analysis, “Sec. 204.”
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 205. Employment of Translators by the Federal Bureau of Investigation.”, page 9 & Patrick Leahy, Section-by-Section Analysis, “Sec. 205.”
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 206. Roving Surveillance Authority Under the Foreign Intelligence Surveillance Act of 1978.”, page 10 & Patrick Leahy, Section-by-Section Analysis, “Sec. 206.”
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 207. Duration of FISA Surveillance of Non-United States Persons Who are Agents of a Foreign Power.”, page 10 & Patrick Leahy, Section-by-Section Analysis, “Sec. 207.”
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 208. Designation of judges”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 208.”
- A “Title III wiretap” is shorthand for Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which deals with wiretaps and was the law that created Title 18, chapter 19 of the United States Code (entitled “Wire Interception and Interception of Oral Communications,” it includes 18 U.S.C. § 2510—18 U.S.C. § 2520)
- Patrick Leahy, section by section analysis of the USA PATRIOT Act, section 209. Accessed November 12, 2005.
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 209. Seizure of voice-mail messages pursuant to warrants”, page 11
- 18 U.S.C. § 2703
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Scope of subpoenas for records of electronic communications”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 210.”
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Clarification of scope”, page 11 & Patrick Leahy, Section-by-Section Analysis, “Sec. 211.”
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Emergency disclosure of electronic communications to protect life and limb”, page 12 & Patrick Leahy, Section-by-Section Analysis, “Sec. 212.”
- states that “a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”
- 18 U.S.C. § 3103a
- For some analysis of section 213 of the PATRIOT Act, see: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 213: Authority for delaying notice of the execution of a warrant”, page 12 & Patrick Leahy, Section-by-Section Analysis, “Sec. 213.”
- Section 402 of FISA (50 U.S.C. § 1842) and Section 403 of FISA (50 U.S.C. § 1843) were both amended
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 214: Pen register and trap and trace authority under FISA”, page 13 & Patrick Leahy, Section-by-Section Analysis, “Sec. 214.”
- Carle, David (2011-01-26). “Leahy Renews Effort To Extend Expiring PATRIOT Act Authorities, Increase Oversight”. Press release from Senator Patrick Leahy‘s office (Washington). Archived from the original on 2011-05-27. Retrieved 2011-05-27.
- Mascaro, Lisa. “Congress votes in time to extend key Patriot Act provisions”. Los Angeles Times. Retrieved 2011-05-27.
- Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court Privacy and Civil Liberties Oversight Board
- Paul, Rand (2011-04-15). “Senator Rand Paul’s Letter of Opposition to the Patriot Act”. Archived from the original on 2011-05-27. Retrieved 2011-05-27.
- See also: Charles Doyle (December 10, 2001), Terrorism: Section by Section Analysis of the USA PATRIOT Act, “Section 215: Access to records and other items under the Foreign Intelligence Surveillance Act”, page 14 & Patrick Leahy, Section-by-Section Analysis, “Sec. 215.”
- Ackermann, Spencer (17 July 2013). “NSA warned to rein in surveillance as agency reveals even greater scope”. The Guardian. Retrieved July 18, 2013.
- Bump, Philip (17 July 2013). “The NSA Admits It Analyzes More People’s Data Than Previously Revealed”. The Atlantic Wire. RetrievedJuly 18, 2013.
McClatchy20130717was invoked but never defined (see the help page).
Cite error: The named reference
- Mary DeRosa (undated), “Section 218, amending the FISA Standard, a summary by Mary DeRosa”, The Patriot Debates, accessed January 22, 2006
- Federal Rules of Criminal Procedure, rule 41(a)
- The Trade Sanctions Reform and Export Enhancement Act of 2000 is defined in title 22, chapter 79 of the United States Code
- Trade Sanctions Reform and Export Enhancement Act of 2000, Title IX, section 904(2)(C); corresponds to .
- Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, section 906(A)(1)
- Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, section 906(A)(2)
- This is defined in Executive Order No. 12947: “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process”
- This is defined in Executive Order No. 13224: “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism”
- Defined in Executive Order No. 12978: “Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers”; & the Foreign Narcotics Kingpin Designation Act
- As defined in section 216 of the Patriot Act.
- Defined in and
- Defined in and
|Wikisource has original text related to this article:|
- Text of the USA PATRIOT Act
- EPIC – USA PATRIOT Act pages
- CDT – USA PATRIOT Act Overview
- ACLU – Reform the USA PATRIOT Act
- US DOJ’s USA PATRIOT Act site
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Listen To Pronk Pops Podcast or Download Shows 118-120
Listen To Pronk Pops Podcast or Download Shows 113 -117
Listen To Pronk Pops Podcast or Download Shows 108-111
Listen To Pronk Pops Podcast or Download Shows 106-108
Listen To Pronk Pops Podcast or Download Shows 104-105
Listen To Pronk Pops Podcast or Download Shows 101-103
Listen To Pronk Pops Podcast or Download Shows 98-100
Listen To Pronk Pops Podcast or Download Shows 94-97
Listen To Pronk Pops Podcast or Download Shows 88-90
Listen To Pronk Pops Podcast or Download Shows 84-87
Listen To Pronk Pops Podcast or Download Shows 79-83
Listen To Pronk Pops Podcast or Download Shows 74-78
Listen To Pronk Pops Podcast or Download Shows 71-73
Listen To Pronk Pops Podcast or Download Shows 68-70
Listen To Pronk Pops Podcast or Download Shows 65-67
Listen To Pronk Pops Podcast or Download Shows 62-64
Listen To Pronk Pops Podcast or Download Shows 58-61
Listen To Pronk Pops Podcast or Download Shows 55-57
Listen To Pronk Pops Podcast or Download Shows 52-54
Listen To Pronk Pops Podcast or Download Shows 49-51
Listen To Pronk Pops Podcast or Download Shows 45-48
Listen To Pronk Pops Podcast or Download Shows 41-44
Listen To Pronk Pops Podcast or Download Shows 38-40
Listen To Pronk Pops Podcast or Download Shows 34-37
Listen To Pronk Pops Podcast or Download Shows 30-33
Listen To Pronk Pops Podcast or Download Shows 27-29
Listen To Pronk Pops Podcast or Download Shows 17-26
Listen To Pronk Pops Podcast or Download Shows 16-22
Listen To Pronk Pops Podcast or Download Shows 10-15
Listen To Pronk Pops Podcast or Download Shows 01-09
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