Cyberwars: Latest Snowden Leaks

FRANCE-US-EU-SURVEILLANCE-SNOWDENThe case against the NSA’s program of cyberwarfare and espionage has become somewhat like an onion. With every new revelation, the matter becomes more stinking and fetid. Certainly, the first release of classified NSA documents – which dealt with the US’s ongoing cyberwarfare against China and other nations – was damaging to the agency’s image. But it has been the subsequent publication of documents that deal with domestic surveillance that have been the most damning.

According to Snowden, he was motivated to leak this information because of the troubling case of hypocrisy inherent in the NSA programs. And in the lastest leak, Snowden has now confirmed that at least five Muslim-Americans – including prominent lawyers, a civil rights leader and academics – were the subject of years’ worth of surveillance by both the FBI and the National Security Agency.

under_surveillance_full_v2Among the targets were Nihad Awad, the executive director of the Council on American-Islamic Relations – the top Muslim-American civil rights organization in the United States – and Faisal Galil, a longtime Republican operative and former Bush Administration official who worked for the Department of Homeland Security and held a top-secret security clearance during the time he was under surveillance.

Also among the American targets was Asim Ghafoor, an attorney for the al-Haramain Islamic Foundation who who has represented clients in terrorism-related cases . He is also the man who famously discovered in 2004 that he and his clients were under surveillance after the Treasury Department mistakenly released to him a document listing calls he’d made to his clients.

wire_tappingOther targets include Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University and Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights. All of the targets appear to have been singled out because of their Muslim backgrounds and their activities either defending Muslim clients or on behalf of various causes.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”—short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to suspect of an American of being engaged in or abetting terrorism, espionage, or sabotage against the US.

FILE PHOTO  NSA Compiles Massive Database Of Private Phone CallsThe authorizations must be regularly renewed by the court for the surveillance to remain in effect, usually every 90 days for U.S. citizens. In none of these cases were the individuals singled out for surveillance because they were suspected of committing or planning a crime. And six years after the period the document covers, none of them has been charged with any crime related to the surveillance.

Greenwald says the revelations offer a more detailed look at who the government is targeting. Although there are some Americans on the list who have been accused of terrorism, the five highlighted in The Intercept piece have all led what appear to be law-abiding lives. As Greenwald explained:

This is the first time that there’s a human face on who the targets are of their most intrusive type of surveillance. [H]ere you really get to see who these people are who are the people worthy of their most invasive scrutiny. I think it’s important for people to judge—are these really terrorists or are these people who seem to be targeted for their political dissidence and their political activism?

 

faisal_gillAll of these five individuals identified in the article has gone on record to vehemently deny any involvement in terrorism or espionage. Outside of their ancestry, there appears to be no justification whatsoever for the surveillance. Faisal Gill, whose AOL and Yahoo! email accounts were monitored while he was a Republican candidate for the Virginia House of Delegates, had this to say when interview by The Intercept:

I just don’t know why. I’ve done everything in my life to be patriotic. I served in the Navy, served in the government, was active in my community—I’ve done everything that a good citizen, in my opinion, should do.

Ghafoor was also of the opinion that profiling had everything to do with him being targeted for electronic surveillance. When told that no non-Muslim attorneys who defended terror suspects had been identified on the list, he replied:

I believe that they tapped me because my name is Asim Abdur Rahman Ghafoor, my parents are from India. I travelled to Saudi Arabia as a young man, and I do the pilgrimage. Yes, absolutely I believe that had something to do with it.

https://i0.wp.com/media.nj.com/ledgerupdates_impact/photo/2012/06/muslim-lawsuitjpg-88e364e9b8e195f4.jpgCivil liberties groups have expressed anger that the five appear to have been targeted largely for having Muslim backgrounds. One such group is the Muslim Advocates, which released the following statement shortly after the story was published:

This report confirms the worst fears of American Muslims: the federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage. Muslim Advocates calls on the President and Congress to take steps immediately to reform the NSA surveillance program to uphold basic privacy rights and civil liberties that the Constitution guarantees to every American, regardless of faith.

The new revelations confirm for the first time that the government targeted U.S. attorneys, sometimes without warrants. Crucially, the revelations also give targets of the domestic surveillance legal standing to sue. Snowden indicated to Greenwald last year that he included the target list in the cache of leaked documents because he wanted people who had been under such surveillance to have evidence to challenge the spying in court.

An illustration picture shows the logo of the U.S. National Security Agency on the display of an iPhone in BerlinIn the past, journalists and attorneys have tried to challenge the constitutionality of the government’s surveillance activities in court. But since the defendants did not have proof that they in particular had been targeted, the courts were forced to rule that they did not have standing. The spreadsheet, however, provides evidence of targeted surveillance for those who have now been identified.

In short, this latest revelation has provided Americans, and not just those of Muslim descent, with the means to hold the NSA and the FBI accountable for the first time. Since the historic episode known as the “war on terror” began, revelations have led to challenges and promises for reform. But in all cases, the crucial issue of whether or not these programs would be allowed to continue has been carefully sidestepped.

cyber_security2Whether it was the failure of FISA reform to reign in domestic wiretapping and data mining, or the Obama administrations endorsement of “transparent” surveillance, it seems obvious clear that an administrative solution was not in the works. But opening the way for successive lawsuits for wrongful surveillance might just prove to be more effective.

What is certain, though, is that the battle between civil liberties and surveillance in the “Digital Age” is nowhere close to being resolved. As the daily volume of data sent around the world continues to grow – from terabytes to petabytes to exabytes – there will continually be a need for monitors to watch for sinister things. And as long as they are willing to push the boundaries in the name of security, there will continue to be challenges.

Sources: wired.com, firstlook.org

Cyberwars: Massive Government Surveillance Uncovered!

wire_tappingOn Friday, Washington DC found itself embroiled in controversy as revelations were made about the extent to which US authorities have been spying on Americans in the last six years. This news came on the heels of the announcement that the federal government had been secretly cataloging all of Verizon’s phone records. No sooner had the dust settled on that revelation that it became known that the scope of the Obama administration’s surveillance programs was far greater than anyone had imagined.

According to updated information on the matter, it is now known that The National Security Agency (NSA) and the FBI have been tapping directly into the central servers of nine leading U.S. Internet companies, extracting everything from audio and video chats, photographs, e-mails, documents, and connection logs that would enable their analysts to track foreign targets.

prism3This information was revealed thanks to a secret document that was leaked to the Washington Post, which shows for the first time that under the Obama administration, the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing. Equally distressing is the names being named: U.S. Service Providers such as Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, Apple.

The document further indicates that all of this has been taking place since 2007, when news disclosures, lawsuits and the Foreign Intelligence Surveillance Court forced then-president George W. Bush to look for new authority to justify his program warrantless domestic surveillance. It’s continuance and expansion under Obama has created a great deal of understandable intrigue, and not only because of promises made that “illegal wiretapping” would not take place under his watch.

prism1The joint FBI-NSA program responsible for mining all the data is known as PRISM, and it may very well be the first of its kind. While the NSA and FBI have a long history of monitoring suspects via phone records and computer activity, and are both accustomed to corporate partnerships that help it divert data traffic or sidestep barriers, such a vast program has never before been possible. In the current information age, there is an immense wealth of information out there, and where better to access all of this than in Silicon Valley?

Not long after the news broke in Washington, London’s Guardian reported that GCHQ, Britain’s equivalent of the NSA, also has been secretly gathering intelligence from the same internet companies through an operation set up by the NSA. According to the same leaked information, PRISM appears to allow the GCHQ to circumvent the formal legal process required in Britain to seek personal material such as emails, photos and videos from an internet company based outside of the country.

prism2But perhaps worst of all is the fact that this process is entirely above board, at least for the companies involved. Back in 2007, Congress passed the Protect America Act, and then in 2008 followed it up with the FISA Amendments Act, both of which immunized private companies that cooperated voluntarily with U.S. intelligence collection against prosecution. And late last year, when critics in Congress sought changes in the FISA Amendments Act, the only lawmakers who knew about PRISM were bound by oaths of office to hold their tongues.

An anticipated, a bi-partisan amalgam of Senators came out to defend the initial reports of phone record monitoring shortly after it was announced. In a rare display of solidarity that cut across party lines, Democrats and Republicans from both the Senate and House came forward to say that the program was justified, only spied on terrorists, and that law-abiding citizens need not worry.

National Security Agency - aerial view
National Security Agency – aerial view

Once again, the argument “if you’ve done nothing wrong, you’ve got nothing to fear” finds itself employed by people who do not want to voice criticisms about a government spying program. Echoes of the Bush administration and McCarthy era all over again. Needless to say, all of this has many people worried, not the least of which are people opposed to government intrusion and the protection of privacy for the past decade.

Ever since it became possible to “mine data”  from numerous online digital sources, there has been fear that corporations or governments might try to ascertain the habits and comings and goings of regular people in order to effectively monitor them. For some time now, this sort of monitoring has been somewhat benign, in the form of anticipating their spending habits and using targeted advertising. But always, the fear that something more sinister and totalitarian might emerge.

government-surveillanceAnd with the “War on Terror”, the Patriot Act, domestic warrantless wiretapping, the legitimization of torture, and a slew of other crimes the Bush administration was indicted in, people all over the world have become convinced that “Big Brother” government is just around the corner, if indeed it is not already here.

The fact that such processes have continued and even expanded under Obama, a man who originally pledged not to engage in such behavior, has made a bad situation worse. In many ways, it demonstrates that fears that he too would succumb to internal pressure were justified. Much as he was won over by the Pentagon and CIA to continue the war in Afghanistan and UAV programs, it seems that the constellation of FBI and NSA specialists advising him on domestic surveillance has managed to sway him here as well.

Stealth-Wear1One can only hope that this revelation causes the federal government and the Obama administration to reconsider their stances. After all, these are the same people who were convinced to stand down on the use of UAVs in oversees operations and to take measures that would ensure transparency in the future. We can also hope that the NSA and FBI will be required to once again have to rely on the court system and demonstrate “just cause” before initiating any domestic surveillance in the future.

Otherwise, we might all need to consider getting our hands on some stealth wear and personal cameras, to shield ourselves and create an environment of “sousveillance” so we can spy on everything the government does. Might not hurt to start monitoring the comings and goings of every telecommunications and Silicon Valley CEO while were at it! For as the saying goes, “who watches the watchers?” I’ll give you a hint: we do!

Also, be sure to check out the gallery of artist Adam Harvey, the man who pioneered “stealth wear” as a protest against the use of drones and domestic surveillance. To learn more about sousveillance, the concept of a society monitored by common people, check out Steve Mann’s (inventor of the EyeTap) blog.

Sources: washingtonpost.com, guardian.co.uk, policymic.com, ahprojects.com, eyetap.blogspot.ca