Why NSA Surveillance Is Worse Than You’ve Ever Imagined
By James Bamford
May 12, 2015 "Information
Clearing House" - "Reuters
- Last summer, after months of encrypted emails, I spent three days in
Moscow hanging out with Edward Snowden for a Wired cover story. Over
pepperoni pizza, he told me that what finally drove him to leave his country and
become a whistleblower was his conviction that the National Security Agency was
conducting illegal surveillance
on every American. Thursday, the Second Circuit Court of Appeals in New York
agreed with him.In a long-awaited opinion, the
three-judge panel ruled that the NSA program that secretly intercepts the
telephone metadata of every American — who calls whom and when —
was illegal. As a plaintiff with Christopher Hitchens and several others in
the original ACLU lawsuit against the NSA, dismissed by another appeals court on
a technicality, I had a great deal of personal satisfaction.
It’s now up to Congress to vote on whether or not to modify
the law and continue the program, or let it die once and for all. Lawmakers
must vote on this matter by June 1, when they need to reauthorize the
Patriot Act.
A key factor in that decision is the American public’s
attitude toward surveillance.
Snowden’s revelations have clearly made a change in that attitude. In a PEW
2006 survey, for example, after the New York Times’ James Risen and Eric
Lichtblau
revealed the agency’s warrantless eavesdropping activities, 51 percent of
the public still viewed the NSA’s surveillance programs as acceptable, while 47
percent found them unacceptable.
After Snowden’s revelations, those numbers reversed. A PEW
survey in March revealed that 52 percent of the public is now concerned about
government surveillance, while 46 percent is not.
Given the vast amount of revelations about NSA abuses, it is
somewhat surprising that just slightly more than a majority of Americans seem
concerned about government surveillance. Which leads to the question of why? Is
there any kind of revelation that might push the poll numbers heavily against
the NSA’s spying programs? Has security fully trumped privacy as far as the
American public is concerned? Or is there some program that would spark genuine
public outrage?
Few people, for example, are aware that a NSA program known as
TREASUREMAP is being developed to continuously map every Internet connection —
cellphones, laptops, tablets — of everyone on the planet, including Americans.
“Map the entire Internet,” says the top secret NSA slide. “Any
device, anywhere, all the time.” It adds that the program will allow “Computer
Attack/Exploit Planning” as well as “Network Reconnaissance.”
One reason for the public’s lukewarm concern is what might be
called NSA fatigue. There is now a sort of acceptance of highly intrusive
surveillance as the new normal, the result of a bombardment of news stories on
the topic.
I asked Snowden about this. “It does become the problem of one
death is a tragedy and a million is a statistic,” he replied, “where today we
have the violation of one person’s rights is a tragedy and the violation of a
million is a statistic. The NSA is violating the rights of every American
citizen every day on a comprehensive and ongoing basis. And that can numb us.
That can leave us feeling disempowered, disenfranchised.”
In the same way, at the start of a war, the numbers of
Americans killed are front-page stories, no matter how small. But two years into
the conflict, the numbers, even if far greater, are usually buried deep inside a
paper or far down a news site’s home page.
In addition, stories about NSA surveillance face the added
burden of being technically complex, involving eye-glazing descriptions of
sophisticated interception techniques and analytical capabilities. Though they
may affect virtually every American, such as the telephone metadata program,
because of the enormous secrecy involved, it is difficult to identify specific
victims.
The way the surveillance story appeared also decreased its
potential impact. Those given custody of the documents decided to spread the
wealth for a more democratic assessment of the revelations. They distributed
them through a wide variety of media — from start-up Web publications to leading
foreign newspapers.
One document from the NSA director, for example, indicates
that the agency was spying on visits to porn sites by people, making no
distinction between foreigners and “U.S. persons,” U.S. citizens or permanent
residents. He then recommended using that information to secretly discredit
them, whom he labeled as “radicalizers.” But because this was revealed by The
Huffington Post, an online publication viewed as progressive, and was never
reported by mainstream papers such as the New York Times or the
Washington Post, the revelation never received the attention it deserved.
Another major revelation, a top-secret NSA map showing that
the agency had planted malware — computer viruses — in more than 50,000
locations around the world, including many friendly countries such as Brazil,
was reported in a relatively small Dutch newspaper, NRC Handelsblad, and
likely never seen by much of the American public.
Thus, despite the volume of revelations, much of the public
remains largely unaware of the true extent of the NSA’s vast, highly aggressive
and legally questionable surveillance activities. With only a slim majority of
Americans expressing concern, the chances of truly reforming the system become
greatly decreased.
While the metadata program has become widely known because of
the numerous court cases and litigation surrounding it, there are other NSA
surveillance programs that may have far greater impact on Americans, but have
attracted far less public attention.
In my interview with Snowden, for example, he said one of his
most shocking discoveries was the NSA’s policy of secretly and routinely passing
to Israel’s Unit 8200 — that country’s NSA — and possibly other countries not
just metadata but the actual contents of emails involving Americans. This even
included the names of U.S. citizens, some of whom were likely
Palestinian-Americans communicating with relatives in Israel and Palestine.
An illustration of the dangers posed by such an operation
comes from the sudden resignation last year of 43 veterans of Unit 8200, many of
whom are still serving in the military reserves. The veterans accused the
organization of using intercepted communication against innocent Palestinians
for “political persecution.” This included information gathered from the emails
about Palestinians’ sexual orientations, infidelities, money problems, family
medical conditions and other private matters to coerce people into becoming
collaborators or to create divisions in their society.
Another issue few Americans are aware of is the NSA’s secret
email metadata collection program that took place for a decade or so until it
ended several years ago. Every time an American sent or received an email, a
record was secretly kept by the NSA, just as the agency continues to do with the
telephone metadata program. Though the email program ended, all that private
information is still stored at the NSA, with no end in sight.
With NSA fatigue setting in, and the American public unaware
of many of the agency’s long list of abuses, it is little wonder that only
slightly more than half the public is concerned about losing their privacy. For
that reason, I agree with Frederick A. O. Schwartz Jr., the former chief counsel
of the Church Committee, which conducted a yearlong probe into intelligence
abuses in the mid-1970s, that we need a similarly thorough, hard-hitting
investigation today.
“Now it is time for a new committee to examine our secret
government closely again,” he
wrote in a recent Nation magazine article, “particularly for its
actions in the post-9/11 period.”
Until the public fully grasps and understands how far over the
line the NSA has gone in the past — legally, morally and ethically — there
should be no renewal or continuation of NSA’s telephone metadata program in the
future.
James Bamford writes frequently on intelligence and is the
author of three books about the National Security Agency, most recently,
“The Shadow Factory: The Ultra-Secret NSA from 9/11 to the Eavesdropping on
America.”
See also -
Wyden: If Senate tries to renew NSA spying authority,
I’ll filibuster: "I'm tired of extending
a bad law," Wyden said on MSNBC yesterday. "If they come back with that
effort to basically extend this for a short term without major reforms like
ending the collection of phone records, I do intend to filibuster."