British Intelligence Captured Emails Of
Journalists From Top International Media
• Snowden files reveal emails of BBC, NY
Times and more
• Agency includes investigative journalists
on ‘threat’ list
• Editors call on Cameron to act against
snooping on media
By James Ball
January 20, 2015 "ICH"
- "The
Guardian"
- GCHQ’s bulk surveillance of electronic
communications has scooped up emails to and
from journalists working for some of the US
and UK’s largest media organisations,
analysis of documents released by
whistleblower Edward Snowden reveals.
Emails from the BBC, Reuters,
the Guardian, the New York Times, Le Monde,
the Sun, NBC and the Washington Post were
saved by GCHQ and shared on the agency’s
intranet as part of a test exercise by the
signals intelligence agency.
The disclosure comes as
the British government faces intense
pressure to protect the confidential
communications of reporters, MPs and lawyers
from snooping.
The journalists’
communications were among 70,000 emails
harvested in the space of less than 10
minutes on one day in November 2008 by one
of GCHQ’s numerous taps on the fibre-optic
cables that make up the backbone of the
internet.
The communications, which
were sometimes simple mass-PR emails sent to
dozens of journalists but also included
correspondence between reporters and editors
discussing stories, were retained by GCHQ
and were available to all cleared staff on
the agency intranet. There is nothing to
indicate whether or not the journalists were
intentionally targeted.
The mails appeared to have
been captured and stored as the output of a
then-new tool being used to strip irrelevant
data out of the agency’s tapping process.
New evidence from other UK
intelligence documents revealed by Snowden
also shows that a GCHQ information security
assessment listed “investigative
journalists” as a threat in a hierarchy
alongside terrorists or hackers.
Senior editors and lawyers
in the UK have called for the urgent
introduction of a freedom of expression law
amid growing concern over safeguards
proposed by ministers to meet concerns over
the police use of surveillance powers linked
to the Regulation of Investigatory Powers
Act 2000 (Ripa).
More than 100 editors,
including those from all the national
newspapers, have signed a letter,
coordinated by the Society of Editors and
Press Gazette, to the UK prime minister,
David Cameron, protesting at snooping on
journalists’ communications.
In the wake of terror
attacks on the Charlie Hebdo offices and a
Jewish grocer in Paris, Cameron has renewed
calls for further bulk-surveillance powers,
such as those which netted these
journalistic communications.
Ripa has been used to
access journalists’ communications without a
warrrant, with recent cases including police
accessing the phone records of Tom
Newton-Dunn, the Sun’s political editor,
over the Plebgate investigation. The call
records of Mail on Sunday reporters involved
in the paper’s coverage of Chris Huhne’s
speeding row were also accessed in this
fashion.
Under Ripa, neither the
police nor the security services need to
seek the permission of a judge to
investigate any UK national’s phone records
– instead, they must obtain permission from
an appointed staff member from the same
organisation, not involved in their
investigation.
However, there are some
suggestions in the documents that the
collection of billing data by GCHQ under
Ripa goes wider – and that it may not be
confined to specific target individuals.
A top secret document
discussing Ripa initially explains the fact
that billing records captured under Ripa are
available to any government agency is
“unclassified” provided that there is “no
mention of bulk”.
The GCHQ document goes on
to warn that the fact that billing records
“kept under Ripa are not limited to
warranted targets” must be kept as one of
the agency’s most tightly guarded secrets,
at a classification known as “Top secret
strap 2”.
That is two levels higher
than a normal top secret classification – as
it refers to “HMG [Her Majesty’s government]
relationships with industry that have areas
of extreme sensitivity”.
Internal security advice
shared among the intelligence agencies was
often as preoccupied with the activities of
journalists as with more conventional
threats such as foreign intelligence,
hackers or criminals.
One restricted document
intended for those in army intelligence
warned that “journalists and reporters
representing all types of news media
represent a potential threat to security”.
It continued: “Of specific
concern are ‘investigative journalists’ who
specialise in defence-related exposés either
for profit or what they deem to be of the
public interest.
“All classes of
journalists and reporters may try either a
formal approach or an informal approach,
possibly with off-duty personnel, in their
attempts to gain official information to
which they are not entitled.”
It goes on to caution
“such approaches pose a real threat”, and
tells staff they must be “immediately
reported” to the chain-of-command.
GCHQ information security
assessments, meanwhile, routinely list
journalists between “terrorism” and
“hackers” as “influencing threat sources”,
with one matrix scoring journalists as
having a “capability” score of two out of
five, and a “priority” of three out of five,
scoring an overall “low” information
security risk.
Terrorists, listed
immediately above investigative journalists
on the document, were given a much higher
“capability” score of four out of five, but
a lower “priority” of two. The matrix
concluded terrorists were therefore a
“moderate” information security risk.
A spokesman for GCHQ said:
“It is longstanding policy that we do not
comment on intelligence matters.
Furthermore, all of GCHQ’s work is carried
out in accordance with a strict legal and
policy framework, which ensures that our
activities are authorised, necessary and
proportionate, and that there is rigorous
oversight, including from the secretary of
state, the interception and intelligence
services commissioners and the parliamentary
intelligence and security committee.
“All our operational
processes rigorously support this position.
In addition, the UK’s interception regime is
entirely compatible with the European
convention on human rights.”