Just the Facts: What We Know About the NSA Spying on Americans

In the wake of former NSA contractor Edward Snowdens revelations about the governments widespread capability to gather, store and analyze emails, phone calls and internet traffic, the Obama administration has repeatedly suggested the public needs to understand the facts. Read our previous story, How Good Are the Checks on NSA Surveillance? Let us know in the comments if youve seen other statements you think we should check out.

There is no spying on Americans,Obamatoldlate-night comedian Jay Leno in an interview earlier this month.

But as more details emerged about the governments extensive surveillance network last week, the National Security Agency admitted that there had, in fact, been willful violations of its own restrictions on spying on Americans, but that those instances had been very rare, according toBloomberg News.

This weekend The Wall Street Journal reported additional details: Its story suggested NSA analysts broke the rules to read their love interests e-mails and other communications often enough that the behavior was given a nickname LOVEINT. (The intelligence community tends to attach -INT to their intelligence monikers. Information gleaned from people, for example, is called HUMINT.)

The NSA says it punished these transgressions with administrative sanctions, and in some cases, termination.

In the past year, the NSA has repeatedly denied that it is collecting data on U.S. citizens. In March 2012, NSA chief Keith Alexander told Congress that his agency doesnt even have the ability to collect data on Americans.

This past March, James Clapper, the director of the Office of National Intelligence, the top intelligence official in the country, testified that the NSA does not wittingly collect data on Americans. After the Snowden leaks he sent a letter to Sen. Dianne Feinstein, apologizing for his clearly erroneous testimony, because he simply didnt think of a major provision of the Patriot Act.

Officials had even told the Foreign Intelligence Surveillance Court, the legal entity set up to oversee it, that the NSA gathered no communications between people in the U.S.

In a declassified FIS Court filing last week, the court said it had since learned that was not the case. There is no question that the government is knowingly acquiring Internet transactions that contain wholly domestic communications through its upstream collection, the ruling found.

The NSA gathers intelligence under Section 702 of the FISA Amendment Act, which allows the NSA to gather data on non-U.S. citizens outside the U.S. It also gathers tens of thousands of domestic communications by and from Americans in its normal gathering of foreign surveillance, according to Wednesdays declassified court finding.

According to documents leaked by former NSA contractor Edward Snowden, the government has also been collectingAmericans phone records in bulk, andscooping up their emails, browsing history and social-media activity.

Since 2011, the NSA has determined on its own that it has the legal authority to search within the data it collects using U.S. citizen names and other identifying information,accordingto an Aug. 9 report by theGuardian, citing a document from Snowden. The document said analysts wouldnt be able to start those searches until the NSA developed an oversight process, but its unclear when or whether it did so.

In the wake of Snowdens leaks, the Obama administration has set up a review board to examine the NSAs policies that is mostly composed of former Obama administration officials. It will provide an interim report in 60 days and a final report by the end of the year.

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Just the Facts: What We Know About the NSA Spying on Americans

Big Brother Has Hacked the Constitution – Tenth Amendment Center

Big Brother has hacked the Constitution.

It has been over nine years since Edward Snowden released the first documents exposing the extent of NSA spying to the world. Since then, the surveillance state has only gotten bigger.

I finally got around to reading Snowdens memoir, Permanent Record. I bought the book not long after it was released, but life took over and the book sat on the shelf all but forgotten until we recently moved. As I was unpacking, I thought, I really need to read this.

I was right.

The book was a poignant reminder of just how insidious and omnipotent the national surveillance state has become. And how a complete breakdown of the constitutional system supports it.

SPYING ON EVERYBODY

The Snowden revelations had a profound impact on the trajectory of my own work. In the ensuing years, surveillance became one of my primary policy areas. I was heavily involved in the Tenth Amendment Centers efforts to turn off the water to the NSA facility in Bluffdale, Utah. I spearheaded the TACs OffNow project to address warrantless surveillance more broadly. I contributed to the drafting of a local ordinance creating oversight and transparency for surveillance programs that passed in numerous cities. And I got involved in fighting a surveillance program in Lexington, Ky. That resulted in a multi-year lawsuit.

As you can imagine, in the course of this work, Ive read a great deal about surveillance. I dug deep into Snowdens documents and the reporting as he released them. Ive poured over hundreds of documents describing the ever-growing surveillance state. I even took an online course on surveillance law. So, I have a keen understanding of just how deep and powerful the national spy complex runs. But Snowdens simple description of one NSA program stunned me. It is the program that allows U.S. intelligence agencies to access information about you, me, and pretty much everybody.

The program that enables this access was called XKEYSCORE which is perhaps best understood as a search engine that lets an analyst search through all the records of your life. Imagine a kind of Google that instead of showing pages from the public internet returns results from your private email, your private chats, your private files, everything.

In documents released by Snowden, the NSA calls XKEYSCORE its widest-ranging tool used to search nearly everything a user does on the internet. In his memoir, Snowden called it the closest thing to science fiction Ive ever seen in science fact; an interface that allows you to type in pretty much anyones address, telephone number, or IP address, and then basically go through the recent history of their online activity.

In some cases, you could even play back recordings of their online sessions, so that the screen youd be looking at was their screen, whatever was on their desktop. You could read their emails, their browser history, their social media postings, everything.

Snowden goes on to describe how analysts with access to XKEYSCORE shared pictures of nudes they found on target computers.

I knew this was a thing. But Snowden put it in such stark, simple terms that I was floored by the scope of federal surveillance all over again.

Snowdens revelations shined a light on the NSAs unconstitutional overreach. It produced some outrage, but its almost certain that these surveillance programs continue today. And in all likelihood, surveillance has expanded with the advancement of technology over the ensuing years.

HACKING THE CONSTITUTION

As Snowden put it, the government has hacked the Constitution.

He describes a wholesale breakdown of the constitutional system that shredded the Fourth Amendment.

Had constitutional oversight mechanisms been functioning properly, this extremist interpretation of the Fourth Amendment effectively holding that the very act of using modern technologies is tantamount to a surrender of your privacy rights would have been rejected by Congress and the courts.

Reading Snowdens outline of the constitutional breakdown that supports the surveillance state, its glaringly clear that we cant count on the federal government to limit the power of the federal government. Every branch of the federal government shares culpability.

As Snowden points out, Congress willingly abandoned its supervisory role over the intelligence community. Meanwhile, the failure of the judicial branch was just as egregious. The FISA Court created to oversee foreign surveillance approved 99 percent of the surveillance requests brought before it, a rate more suggestive of a ministerial rubber stamp than a deliberative judicial process. But Snowden described the executive branch as the primary cause of the constitutional breach.

The presidents office, through the Justice Department, had committed the original sin of secretly issuing directives that authorized mass surveillance in the wake of 9/11. Executive overreach has only continued in the decades since, with administrations of both parties seeking to act unilaterally and establish policy directives that circumvent law policy directives that cannot be challenged, since their classification keeps them from being publicly known.

In effect, all three branches of the federal government failed deliberately and with coordination creating what Snowden called a culture of impunity.

It was time to face the fact that the IC (intelligence community) believed themselves above the law, and given how broken the process was, they were right. The IC had come to understand the rules rules of our system better than the people who had created it, and they used the knowledge to their advantage.

Theyd hacked the Constitution.

As I read Snowdens words some nine years later, I had to ask myself, What has changed.

The answer is nothing.

The Constitution remains hacked. The federal government still wont limit its own power. That means its up to us to rein in this surveillance menace. State HERE.

Tags: edward snowden, fourth-amendment, NSA, Privacy, Surveillance

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Big Brother Has Hacked the Constitution - Tenth Amendment Center

Julian Assange is my husband his extradition is an abomination – The Independent

Last Friday, home secretary Priti Patel gave her approval for the UK to send my husband, Julian Assange, to the country that plotted his assassination.

Julian remains imprisoned in Belmarsh after more than three years at the behest of US prosecutors. He faces a prison sentence of up to 175 years for arguably the most celebrated publications in the history of journalism.

Patels decision to extradite Julian has sent shockwaves across the journalism community. The home secretary flouted calls from representatives of the Council of Europe, the OSCE, almost 2000 journalists and 300 doctors for the extradition to be halted.

When Julian calls around the childrens bed time, they talk over each other boisterously. The calls only last 10 minutes, so when the call ended abruptly the other night Max, who is three, asked tearfully if it was because hed been naughty, I absentmindedly said it wasnt his fault, but Mike Pompeos. Five-year-old Gabriel asked: Who is Mike Pompeo?

Mike Pompeo had been on my mind, because while the home secretary in this country was busy signing Julians extradition order, in Spain a High Court judge was summoning Pompeo for questioning regarding his role as director of the CIA in their reported plots to murder my husband.

While at the helm of the CIA, President Trumps most loyal supporter reportedly tasked his agents with preparing sketches and options for the assassination of their father.

The citation for Pompeo to appear before a Spanish judge comes out of an investigation into illicit spying of Julian and his lawyers through a company registered in Spain. Spanish police seized large amounts of electronic data, and insiders involved in carrying out the clandestine operations testified that they acted on instruction of the CIA. They had discussed abducting and poisoning Julian.

Gabriel was six months old at the time and had been a target too. One witness was instructed to obtain DNA swabs from a soiled nappy in order to establish that Julian was his father. Another admitted to planting hidden microphones under the fire extinguishers to tap legally privileged meetings between Julian and his lawyers.

The recordings of Julians legal meetings in the Ecuadorian embassy in London were physically transported to handlers in the United States on a regular basis. A break-in at Julians lawyers office was caught on camera, and investigators discovered photographs of Julians lawyers legal papers taken inside the embassy. The operations targeting his lawyers read like they are taken from a Soviet playbook.

Across the pond, ever since the Nixon administrations attempted prosecution of the New York Times over the Pentagon Papers over half a century ago, constitutional lawyers had been warning that the 1917 Espionage Act would one day be abused to prosecute journalists.

It was President Obamas administration that enlivened the creeping misuse of the Espionage Act. More journalistic sources were charged under the Act than all previous administrations combined, including WikiLeaks source Chelsea Manning; CIA torture whistleblower John Kiriakou; and NSA spying whistleblower Edward Snowden.

Following massive public pressure Obama commuted Chelsea Mannings 35-year sentence. Obama declined to prosecute Julian for publishing Mannings leaks because of the implications for press freedom.

After the Obama administrations Espionage Act charging spree, it was just a matter of time before another administration expanded the interpretation of the Act even further.

That day came soon enough. Trumps administration broke new legal ground with the indictment of Julian for receiving, possessing, and publishing the Manning leaks. Meanwhile in Langley, Virginia, Pompeo tasked CIA assassination plans.

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Priti Patels decision comes amidst sweeping government reforms of an increasingly totalitarian bent the plans to weaken the influence of the European Court of Human Rights and the decision to extradite Julian are the coup de grace.

The home secretarys proposed reforms to the UKs Official Secrets Act largely track the Trump-era indictment against Julian: publishers and their sources can be charged as criminal co-conspirators.

Julians extradition case itself creates legal precedent. What has long been understood to be a bedrock principle of democracy, press freedom, will disappear in one fell swoop.

As it stands, no journalist is going to risk having what Julian is being subjected to happen to them. Julian must be freed before its too late. His life depends on it. Your rights depend on it.

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Julian Assange is my husband his extradition is an abomination - The Independent

NSA Surveillance: Why NSA Spying On Us – RedefinePrivacy

Reasons Why NSA Spying On Us & How To Tell If They Are Watching

On September 11, 2001, NSAs (National Security Agencys) mass surveillance practice strengthened with more focused laws for spying on the Americans data. This surveillance has expanded rapidly over this passage of time, with different new ways of mass surveillance being introduced.

It extended so much that the government had started tracking the calls of millions of Americans under this mass surveillance until recently. But even today, a majority of Americans international calls, texts, emails, browsing activities, and other details are being tracked through mass surveillance by NSA.

The rapid increase in surveillance tactics by the government has also infiltrated almost all the communicational technologies we tend to use today. Therefore, enjoying your smart devices nowadays without having anyone watching over your activity has become extremely difficult.

NSA spies on everything you do! Let it be watching a mere movie or sending work emails to your client. For a clearer idea of when and how the NSA spies on the US, read along with this article.

The beginning of NSAs surveillance started in 1952, by president Harry S.Turman who established this Agency to collect, process, and monitor intelligence data. However, the people didnt know the existence of this Agency from the very beginning.

This was the Presidents surveillance program that was kept hidden for a long time until the news started coming out through the News reports of 2005. These reports revealed how NSA had been intercepting millions of Americans phone calls and internet communications making them the least private and confidential.

While this surveillance program by NSA took a wrong and revealing turn for the privacy of plenty of Americans, as it still does, the need for this surveillance was mainly for the citizens safety and security. All in all, this surveillance program was conducted mainly to avail of practice the War of Terrorism.

This intelligence agency simply used this surveillance program to invade the Al Qaeda communications overseas. In such communications, one or more people were said to be out of the U.S., making it easier to reveal their identity and be aware of their aims to practice terrorism in any way.

Following this need to prevent and achieve protection against such terrorism, the mass surveillance by NSA continued the same way for a long time.

Yet, when Edward Snowden, a former American government contractor, disclosed all the secrets about the National Security Agencys spying program, it was clear for everyone how this secret mass surveillance has been spying on us. Edward did this by downloading some secret documents regarding the U.S intelligence activities and its partnership with the foreign allies. Thats when he explored how some documents comprise a huge amount of data regarding countless U.S. citizens telephone records and internet activities.

Apart from this, news sources also report that the documents Snowden disclosed involved how the British cyber spies portrayed a pilot program with their U.S partners in 2012. This program involved a large amount of real-time monitored data from YouTube consisting of users personally-identifying information.

This disclosure of all the information NSAs surveillance program has been collecting was a huge eye-opener for all U.S citizens.

But that wasnt the only time someone spilled the beans about NSAs mass surveillance practice. Instead, some secret documents by the media also revealed in 2013 that NSA holds a copy of every detail and information carried along with the major domestic fiber optic cable network.

This, and other such news reports regarding this mass surveillance, prove that the government has been collecting the phone metadata and other device details of all the U.S. citizens as a practice being termed in the Patriot Act. All in all, this kind of mass surveillance has been kept continuing as a means of invading thousands and millions of citizens devices and personal information becoming a huge concern for everyone with passing time.

The spying or mass surveillance program NSA changed its working tactics after President George W. Bush intensified it after witnessing the September 11, 2001 attack. While the U.S. government still considers the presence of this program as a reliable and secure addition to their security maintenance methods, it has exposed tremendous information by various whistleblowers.

Yet, how this surveillance program was formed and followed in an organized manner is one thing that should be understood before you start looking for solutions out of it. So it all started as:

The process of mass surveillance by the NSA is occupied by first collecting the call history of the American population. Back in time, this started when the government convinced telecommunication companies used by the U.S. locals like AT&T, MCI, Sprint, etc., to hand over the call records of all its customers.

The investigation by USA Today disclosed that this information consumed by the government from such telecommunication agencies included every detailed call record made by the American residents across the town or country. Furthermore, this information is used to create a database of every call each individual in America makes within the nations borders.

Another way that NSA considers collecting our data is through the phone and internet connection. This information is also collected by the same telecommunication companies that allowed NSA to install communications surveillance equipments in secret rooms for this purpose. These secret rooms are created at the key telecommunications branches of the company in the country.

According to the Washington Post, since these secret rooms are created to install sophisticated surveillance equipment, NSA has been able to access large streams of domestic and international communication data of the American citizens all in real-time.

As a result, it helps them track around 1.7 billion emails each day. Following this process, NSA data mines and analyzes the traffic of each individual when they are using their phones or device for any kind of communication so that it can be checked for any kind of harmful or suspicious keywords, patterns, or connections.

Finally, another practice that has made mass surveillance by NSA easier than ever is introducing friendly technologies that help the government keep track of every individual no matter where they are inside the countries boundaries.

According to reliable sources, the collection of this data starts when you send an email to anyone or use the internet. At such times, the data from your computer or phone travels through these wires and fiber-optic networks of the telecommunication company you are connected with and then reaches the independent receipt.

The process of intercepting these communications between two people is performed with the help of a government-installed device known as fiber-optics splitters. These splitters are installed in plenty of the main telecommunication junction points, which allow them to create an exact copy of the data that pass through these telecommunication junction points in the U.S.

When the government doesnt inform you when its spying on you through mass surveillance, its hard to even evaluate when its happening or stop it before it happens. Now it would be easier to trust such mass surveillance practices behind your back, by considering it to be held only for good and lawful reasons.

Yet, with the long abusing history of the federal government through its surveillance powers, its hard to fully rely on the NSA spying and mass surveillance plans without looking out for yourself. Besides, with the expansion of the usage of surveillance power by the NSA, online secrecy and accountability have gone completely missing when practicing electronic searches of our communications.

Various laws are associated with these searches, making it least public or notified when the individuals private emails, chats, or documents stored in the cloud storage are searched. One example of such laws that case notice problems involve te Section 702, under which the government secretly obtains millions of commination records of individuals each year. This record also includes emails and phone calls of Americans.

Moreover, the NSA is also allowed to hand over the collected data of an individual to the FBI if the FBI asks for it. This process may also be done without informing you or keeping you in the loop if theres a chance of any crime or unlawful activity tracked or recorded in your communication records.

With all this being said, its hard to predict when you are being spied on by the NSA, as the laws dont restrict NSA to require any warrants to track or record your data.

However, in most cases, the telecommunications company you choose to use may tend to notify you before or after a recording or analysis of your communication activity is performed.

While the practice of mass surveillance started as a way for the U.S. government to limit and prevent terrorism in the States, the activity of mass surveillance by the NSA has expanded more critically. Today, its harder to predict online privacy and security, especially due to these governmental data and communication evaluation tactics. While it may be beneficial or essential, the only thing needed in this regard is a law or order that promotes more efficient and responsive alerts when the NSA is analyzing our data.

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NSA Surveillance: Why NSA Spying On Us - RedefinePrivacy

Edward Snowden – Wikipedia

American whistleblower and former National Security Agency contractor

Edward Joseph Snowden (born June 21, 1983) is an American former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and subcontractor. His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes Intelligence Alliance with the cooperation of telecommunication companies and European governments, and prompted a cultural discussion about national security and individual privacy.

In 2013, Snowden was hired by an NSA contractor, Booz Allen Hamilton, after previous employment with Dell and the CIA.[1] Snowden says he gradually became disillusioned with the programs with which he was involved, and that he tried to raise his ethical concerns through internal channels but was ignored. On May 20, 2013, Snowden flew to Hong Kong after leaving his job at an NSA facility in Hawaii, and in early June he revealed thousands of classified NSA documents to journalists Glenn Greenwald, Laura Poitras, Barton Gellman, and Ewen MacAskill. Snowden came to international attention after stories based on the material appeared in The Guardian, The Washington Post, and other publications. Snowden also made extensive allegations against the GCSB, blowing the whistle of their domestic surveillance of New Zealanders and acts of espionage under John Key's government.[2][3]

On June 21, 2013, the United States Department of Justice unsealed charges against Snowden of two counts of violating the Espionage Act of 1917 and theft of government property,[4] following which the Department of State revoked his passport.[5] Two days later, he flew into Moscow's Sheremetyevo International Airport, where Russian authorities observed the canceled passport, and he was restricted to the airport terminal for over one month. Russia later granted Snowden the right of asylum with an initial visa for residence for one year, which was subsequently repeatedly extended. In October 2020, he was granted permanent residency in Russia.[6]

A subject of controversy, Snowden has been variously called a traitor,[7] a hero,[8] a whistleblower,[9] a dissident,[10] a coward,[11] and a patriot.[12] U.S. officials condemned his actions as having done "grave damage" to the U.S. intelligence capabilities.[13] Snowden has defended his leaks as an effort "to inform the public as to that which is done in their name and that which is done against them."[14] His disclosures have fueled debates over mass surveillance, government secrecy, and the balance between national security and information privacy, something that he has said he intended to do in retrospective interviews.[15]

In early 2016, Snowden became the president of the Freedom of the Press Foundation, a San Franciscobased nonprofit organization that aims to protect journalists from hacking and government surveillance.[16] He also has a job at an unnamed Russian IT company.[17] In 2017, he married Lindsay Mills. On September 17, 2019, his memoir Permanent Record was published.[18] On September 2, 2020, a U.S. federal court ruled in United States v. Moalin that the U.S. intelligence's mass surveillance program exposed by Snowden was illegal and possibly unconstitutional.[19]

Edward Joseph Snowden was born on June 21, 1983,[20] in Elizabeth City, North Carolina.[21] His maternal grandfather, Edward J. Barrett,[22][23] a rear admiral in the U.S. Coast Guard, became a senior official with the FBI and was at the Pentagon in 2001 during the September 11 attacks.[24] Snowden's father, Lonnie, was a warrant officer in the Coast Guard,[25] and his mother, Elizabeth, is a clerk at the U.S. District Court for the District of Maryland.[26][27][28][29][30] His older sister, Jessica, was a lawyer at the Federal Judicial Center in Washington, D.C. Edward Snowden said that he had expected to work for the federal government, as had the rest of his family.[31] His parents divorced in 2001,[32] and his father remarried.[33] Snowden scored above 145 on two separate IQ tests.[31]

In the early 1990s, while still in grade school, Snowden moved with his family to the area of Fort Meade, Maryland.[34] Mononucleosis caused him to miss high school for almost nine months.[31] Rather than returning to school, he passed the GED test[14] and took classes at Anne Arundel Community College.[28] Although Snowden had no undergraduate college degree,[35] he worked online toward a master's degree at the University of Liverpool, England, in 2011.[36] He was interested in Japanese popular culture, had studied the Japanese language,[37] and worked for an anime company that had a resident office in the U.S.[38][39] He also said he had a basic understanding of Mandarin Chinese and was deeply interested in martial arts. At age 20, he listed Buddhism as his religion on a military recruitment form, noting that the choice of agnostic was "strangely absent."[40] In September 2019, as part of interviews relating to the release of his memoir Permanent Record, Snowden revealed to The Guardian that he married Lindsay Mills in a courthouse in Moscow.[18] The couple have a son born in December 2020.[41]

Feeling a duty to fight in the Iraq War to help free oppressed people,[14] Snowden enlisted in the United States Army on May 7, 2004, and became a Special Forces candidate through its 18X enlistment option.[42] He did not complete the training[20] due to bilateral tibial stress fractures,[43][44] and was discharged on September 28, 2004.[45]

Snowden was then employed for less than a year in 2005 as a security guard at the University of Maryland's Center for Advanced Study of Language, a research center sponsored by the National Security Agency (NSA).[46] According to the University, this is not a classified facility,[47] though it is heavily guarded.[48] In June 2014, Snowden told Wired that his job as a security guard required a high-level security clearance, for which he passed a polygraph exam and underwent a stringent background investigation.[31]

After attending a 2006 job-fair focused on intelligence agencies, Snowden accepted an offer for a position at the CIA.[31][49] The Agency assigned him to the global communications division at CIA headquarters in Langley, Virginia.[31]

In May 2006, Snowden wrote in Ars Technica that he had no trouble getting work because he was a "computer wizard".[40] After distinguishing himself as a junior employee on the top computer team, Snowden was sent to the CIA's secret school for technology specialists, where he lived in a hotel for six months while studying and training full-time.[31]

In March 2007, the CIA stationed Snowden with diplomatic cover in Geneva, Switzerland, where he was responsible for maintaining computer-network security.[31][50] Assigned to the U.S. Permanent Mission to the United Nations, a diplomatic mission representing U.S. interests before the UN and other international organizations, Snowden received a diplomatic passport and a four-bedroom apartment near Lake Geneva.[31] According to Greenwald, while there Snowden was "considered the top technical and cybersecurity expert" in that country and "was hand-picked by the CIA to support the president at the 2008 NATO summit in Romania".[51] Snowden described his CIA experience in Geneva as formative, stating that the CIA deliberately got a Swiss banker drunk and encouraged him to drive home. Snowden said that when the latter was arrested for drunk driving, a CIA operative offered to help in exchange for the banker becoming an informant.[52] Ueli Maurer, President of the Swiss Confederation for the year 2013, publicly disputed Snowden's claims in June of that year. "This would mean that the CIA successfully bribed the Geneva police and judiciary. With all due respect, I just can't imagine it," said Maurer.[53] In February 2009, Snowden resigned from the CIA.[54]

In 2009, Snowden began work as a contractee for Dell,[55] which manages computer systems for multiple government agencies. Assigned to an NSA facility at Yokota Air Base near Tokyo, Snowden instructed top officials and military officers on how to defend their networks from Chinese hackers.[31] Snowden looked into mass surveillance in China which prompted him to investigate and then expose Washington's mass surveillance program after he was asked in 2009 to brief a conference in Tokyo.[56] During his four years with Dell, he rose from supervising NSA computer system upgrades to working as what his rsum termed a "cyber strategist" and an "expert in cyber counterintelligence" at several U.S. locations.[57] In 2010, he had a brief stint in New Delhi, India where he enrolled himself in a local IT institute to learn core Java programming and advanced ethical hacking.[58] In 2011, he returned to Maryland, where he spent a year as lead technologist on Dell's CIA account. In that capacity, he was consulted by the chiefs of the CIA's technical branches, including the agency's chief information officer and its chief technology officer.[31] U.S. officials and other sources familiar with the investigation said Snowden began downloading documents describing the government's electronic spying programs while working for Dell in April 2012.[55] Investigators estimated that of the 50,000 to 200,000 documents Snowden gave to Greenwald and Poitras, most were copied by Snowden while working at Dell.[1]

In March 2012, Dell reassigned Snowden to Hawaii as lead technologist for the NSA's information-sharing office.[31]

On March 15, 2013 three days after what he later called his "breaking point" of "seeing the Director of National Intelligence, James Clapper, directly lie under oath to Congress"[59] Snowden quit his job at Dell.[60] Although he has said his career high annual salary was $200,000,[61] Snowden said he took a pay cut to work at consulting firm Booz Allen Hamilton,[61] where he sought employment in order to gather data and then release details of the NSA's worldwide surveillance activity.[62]

At the time of his departure from the U.S. in May 2013, he had been employed for 15 months inside the NSA's Hawaii regional operations center, which focuses on the electronic monitoring of China and North Korea,[1] first for Dell and then for two months with Booz Allen Hamilton.[63] While intelligence officials have described his position there as a system administrator, Snowden has said he was an infrastructure analyst, which meant that his job was to look for new ways to break into Internet and telephone traffic around the world.[64] An anonymous source told Reuters that, while in Hawaii, Snowden may have persuaded 2025 co-workers to give him their login credentials by telling them he needed them to do his job.[65] The NSA sent a memo to Congress saying that Snowden had tricked a fellow employee into sharing his personal private key to gain greater access to the NSA's computer system.[66][67] Snowden disputed the memo,[68] saying in January 2014, "I never stole any passwords, nor did I trick an army of co-workers."[69][70] Booz Allen terminated Snowden's employment on June 10, 2013, the day after he went public with his story, and 3 weeks after he had left Hawaii on a leave of absence.[71]

A former NSA co-worker[72] said that although the NSA was full of smart people, Snowden was a "genius among geniuses" who created a widely implemented backup system for the NSA and often pointed out security flaws to the agency. The former colleague said Snowden was given full administrator privileges with virtually unlimited access to NSA data. Snowden was offered a position on the NSA's elite team of hackers, Tailored Access Operations, but turned it down to join Booz Allen.[68] An anonymous source later said that Booz Allen's hiring screeners found possible discrepancies in Snowden's resume but still decided to hire him.[35] Snowden's rsum stated that he attended computer-related classes at Johns Hopkins University. A spokeswoman for Johns Hopkins said that the university did not find records to show that Snowden attended the university, and suggested that he may instead have attended Advanced Career Technologies, a private for-profit organization that operated as the Computer Career Institute at Johns Hopkins University.[35] The University of Maryland University College acknowledged that Snowden had attended a summer session at a UM campus in Asia. Snowden's rsum stated that he estimated he would receive a University of Liverpool computer security master's degree in 2013. The university said that Snowden registered for an online master's degree program in computer security in 2011 but was inactive as a student and had not completed the program.[35]

In his May 2014 interview with NBC News, Snowden accused the U.S. government of trying to use one position here or there in his career to distract from the totality of his experience, downplaying him as a "low-level analyst." In his words, he was "trained as a spy in the traditional sense of the word in that I lived and worked undercover overseaspretending to work in a job that I'm notand even being assigned a name that was not mine." He said he'd worked for the NSA undercover overseas, and for the DIA had developed sources and methods to keep information and people secure "in the most hostile and dangerous environments around the world. So when they say I'm a low-level systems administrator, that I don't know what I'm talking about, I'd say it's somewhat misleading."[24] In a June interview with Globo TV, Snowden reiterated that he "was actually functioning at a very senior level."[73] In a July interview with The Guardian, Snowden explained that, during his NSA career, "I began to move from merely overseeing these systems to actively directing their use. Many people don't understand that I was actually an analyst and I designated individuals and groups for targeting."[74] Snowden subsequently told Wired that while at Dell in 2011, "I would sit down with the CIO of the CIA, the CTO of the CIA, the chiefs of all the technical branches. They would tell me their hardest technology problems, and it was my job to come up with a way to fix them."[31]

During his time as an NSA analyst, directing the work of others, Snowden recalled a moment when he and his colleagues began to have severe ethical doubts. Snowden said 18 to 22-year-old analysts were suddenly

"thrust into a position of extraordinary responsibility, where they now have access to all your private records. In the course of their daily work, they stumble across something that is completely unrelated in any sort of necessary sensefor example, an intimate nude photo of someone in a sexually compromising situation. But they're extremely attractive. So what do they do? They turn around in their chair and they show a co-worker ... and sooner or later this person's whole life has been seen by all of these other people."

Snowden observed that this behavior happened routinely every two months but was never reported, being considered one of the "fringe benefits" of the work.[75]

Snowden has described himself as a whistleblower,[76] a description used by many sources, including CNBC,[77] The New Yorker,[78] Reuters,[79] and The Guardian,[80] among others.[81][82][83] The term has both informal and legal meanings.

Snowden said that he had told multiple employees and two supervisors about his concerns, but the NSA disputes his claim.[84] Snowden elaborated in January 2014, saying "[I] made tremendous efforts to report these programs to co-workers, supervisors, and anyone with the proper clearance who would listen. The reactions of those I told about the scale of the constitutional violations ranged from deeply concerned to appalled, but no one was willing to risk their jobs, families, and possibly even freedom to go to [sic] through what [Thomas Andrews] Drake did."[70][85] In March 2014, during testimony to the European Parliament, Snowden wrote that before revealing classified information he had reported "clearly problematic programs" to ten officials, who he said did nothing in response.[86] In a May 2014 interview, Snowden told NBC News that after bringing his concerns about the legality of the NSA spying programs to officials, he was told to stay silent on the matter. He said that the NSA had copies of emails he sent to their Office of General Counsel, oversight, and compliance personnel broaching "concerns about the NSA's interpretations of its legal authorities. I had raised these complaints not just officially in writing through email, but to my supervisors, to my colleagues, in more than one office."[24]

In May 2014, U.S. officials released a single email that Snowden had written in April 2013 inquiring about legal authorities but said that they had found no other evidence that Snowden had expressed his concerns to someone in an oversight position.[87] In June 2014, the NSA said it had not been able to find any records of Snowden raising internal complaints about the agency's operations.[88] That same month, Snowden explained that he has not produced the communiqus in question because of the ongoing nature of the dispute, disclosing for the first time that "I am working with the NSA in regard to these records and we're going back and forth, so I don't want to reveal everything that will come out."[89]

Self-description as a whistleblower and attribution as such in news reports does not determine whether he qualifies as a whistleblower within the meaning of the Whistleblower Protection Act of 1989 (5 USC 2303(b)(8)-(9); Pub. Law 101-12). However, Snowden's potential status as a Whistleblower under the 1989 Act is not directly addressed in the criminal complaint against him in the United States District Court for the Eastern District of Virginia (see below) (Case No. 1:13 CR 265 (0MH)). These and similar and related issues are discussed in an essay by David Pozen, in a chapter of the book Whistleblowing Nation, published in March 2020,[90] an adaptation of which[91] also appeared on Lawfare Blog in March 2019.[92]The unclassified portion of a September 15, 2016, report by the United States House Permanent Select Committee on Intelligence (HPSCI), initiated by the chairman and Ranking Member in August 2014, and posted on the website of the Federation of American Scientists, concluded that Snowden was not a whistleblower in the sense required by the Whistleblower Protection Act.[93] The bulk of the report is classified.

The exact size of Snowden's disclosure is unknown,[94] but Australian officials have estimated 15,000 or more Australian intelligence files[95] and British officials estimate at least 58,000 British intelligence files were included.[96] NSA Director Keith Alexander initially estimated that Snowden had copied anywhere from 50,000 to 200,000 NSA documents.[97] Later estimates provided by U.S. officials were in the order of 1.7 million,[98] a number that originally came from Department of Defense talking points.[99] In July 2014, The Washington Post reported on a cache previously provided by Snowden from domestic NSA operations consisting of "roughly 160,000 intercepted e-mail and instant-message conversations, some of them hundreds of pages long, and 7,900 documents taken from more than 11,000 online accounts."[100] A U.S. Defense Intelligence Agency report declassified in June 2015 said that Snowden took 900,000 Department of Defense files, more than he downloaded from the NSA.[99]

In March 2014, Army General Martin Dempsey, Chairman of the Joint Chiefs of Staff, told the House Armed Services Committee, "The vast majority of the documents that Snowden ... exfiltrated from our highest levels of security ... had nothing to do with exposing government oversight of domestic activities. The vast majority of those were related to our military capabilities, operations, tactics, techniques, and procedures."[101] When asked in a May 2014 interview to quantify the number of documents Snowden stole, retired NSA director Keith Alexander said there was no accurate way of counting what he took, but Snowden may have downloaded more than a million documents.[102]The September 15, 2016, HPSCI report[93] estimated the number of downloaded documents at 1.5 million.

In a 2013 Associated Press interview, Glenn Greenwald stated:

"In order to take documents with him that proved that what he was saying was true he had to take ones that included very sensitive, detailed blueprints of how the NSA does what they do."[103]

Thus the Snowden documents allegedly contained sensitive NSA blueprints detailing how the NSA operates, and which would allow someone who read them to evade or even duplicate NSA surveillance. Further, a July 20, 2015 New York Times article[104] reported that the terror group Islamic State (ISIS or ISIL) had studied revelations from Snowden, about how the United States gathered information on militants, the main result is that the group's top leaders used couriers or encrypted channels to avoid being tracked or monitoring of their communications by Western analysts.

According to Snowden, he did not indiscriminately turn over documents to journalists, stating that "I carefully evaluated every single document I disclosed to ensure that each was legitimately in the public interest. There are all sorts of documents that would have made a big impact that I didn't turn over"[14] and that "I have to screen everything before releasing it to journalists ... If I have time to go through this information, I would like to make it available to journalists in each country."[62] Despite these measures, the improper redaction of a document by The New York Times resulted in the exposure of intelligence activity against al-Qaeda.[105]

In June 2014, the NSA's recently installed director, U.S. Navy Admiral Michael S. Rogers, said that while some terrorist groups had altered their communications to avoid surveillance techniques revealed by Snowden, the damage done was not significant enough to conclude that "the sky is falling."[106] Nevertheless, in February 2015, Rogers said that Snowden's disclosures had a material impact on the NSA's detection and evaluation of terrorist activities worldwide.[107]

On June 14, 2015, the London Sunday Times reported that Russian and Chinese intelligence services had decrypted more than 1 million classified files in the Snowden cache, forcing the UK's MI6 intelligence agency to move agents out of live operations in hostile countries. Sir David Omand, a former director of the UK's GCHQ intelligence gathering agency, described it as a huge strategic setback that was harming Britain, America, and their NATO allies. The Sunday Times said it was not clear whether Russia and China stole Snowden's data or whether Snowden voluntarily handed it over to remain at liberty in Hong Kong and Moscow.[108][109] In April 2015, the Henry Jackson Society, a British neoconservative think tank, published a report claiming that Snowden's intelligence leaks negatively impacted Britain's ability to fight terrorism and organized crime.[110] Gus Hosein, executive director of Privacy International, criticized the report for, in his opinion, presuming that the public became concerned about privacy only after Snowden's disclosures.[111]

Snowden's decision to leak NSA documents developed gradually following his March 2007 posting as a technician to the Geneva CIA station.[112] Snowden later made contact with Glenn Greenwald, a journalist working at The Guardian.[113] He contacted Greenwald anonymously as "Cincinnatus"[114][115] and said he had sensitive documents that he would like to share.[116] Greenwald found the measures that the source asked him to take to secure their communications, such as encrypting email, too annoying to employ. Snowden then contacted documentary filmmaker Laura Poitras in January 2013.[117] According to Poitras, Snowden chose to contact her after seeing her New York Times article about NSA whistleblower William Binney.[118] What originally attracted Snowden to both Greenwald and Poitras was a Salon article written by Greenwald detailing how Poitras's controversial films had made her a target of the government.[116]

Greenwald began working with Snowden in either February[119] or April 2013, after Poitras asked Greenwald to meet her in New York City, at which point Snowden began providing documents to them.[113] Barton Gellman, writing for The Washington Post, says his first direct contact was on May 16, 2013.[120] According to Gellman, Snowden approached Greenwald after the Post declined to guarantee publication within 72 hours of all 41 PowerPoint slides that Snowden had leaked exposing the PRISM electronic data mining program, and to publish online an encrypted code allowing Snowden to later prove that he was the source.[120]

Snowden communicated using encrypted email,[117] and going by the codename "Verax". He asked not to be quoted at length for fear of identification by stylometry.[120]

According to Gellman, before their first meeting in person, Snowden wrote, "I understand that I will be made to suffer for my actions and that the return of this information to the public marks my end."[120] Snowden also told Gellman that until the articles were published, the journalists working with him would also be at mortal risk from the United States Intelligence Community "if they think you are the single point of failure that could stop this disclosure and make them the sole owner of this information."[120]

In May 2013, Snowden was permitted temporary leave from his position at the NSA in Hawaii, on the pretext of receiving treatment for his epilepsy.[14] In mid-May, Snowden gave an electronic interview to Poitras and Jacob Appelbaum which was published weeks later by Der Spiegel.[121]

After disclosing the copied documents, Snowden promised that nothing would stop subsequent disclosures. In June 2013, he said, "All I can say right now is the US government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped."[122]

On May 20, 2013, Snowden flew to Hong Kong,[123] where he was staying when the initial articles based on the leaked documents were published,[124] beginning with The Guardian on June 5.[125] Greenwald later said Snowden disclosed 9,000 to 10,000 documents.[126]

Within months, documents had been obtained and published by media outlets worldwide, most notably The Guardian (Britain), Der Spiegel (Germany), The Washington Post and The New York Times (U.S.), O Globo (Brazil), Le Monde (France), and similar outlets in Sweden, Canada, Italy, Netherlands, Norway, Spain, and Australia.[127] In 2014, NBC broke its first story based on the leaked documents.[128] In February 2014, for reporting based on Snowden's leaks, journalists Glenn Greenwald, Laura Poitras, Barton Gellman and The Guardians Ewen MacAskill were honored as co-recipients of the 2013 George Polk Award, which they dedicated to Snowden.[129] The NSA reporting by these journalists also earned The Guardian and The Washington Post the 2014 Pulitzer Prize for Public Service[130] for exposing the "widespread surveillance" and for helping to spark a "huge public debate about the extent of the government's spying". The Guardian's chief editor, Alan Rusbridger, credited Snowden for having performed a public service.[131]

The ongoing publication of leaked documents has revealed previously unknown details of a global surveillance apparatus run by the United States' NSA[134] in close cooperation with three of its four Five Eyes partners: Australia's ASD,[135] the UK's GCHQ,[136] and Canada's CSEC.[137]

On June 5, 2013, media reports documenting the existence and functions of classified surveillance programs and their scope began and continued throughout the entire year. The first program to be revealed was PRISM, which allows for court-approved direct access to Americans' Google and Yahoo accounts, reported from both The Washington Post and The Guardian published one hour apart.[132][138][139] Barton Gellman of The Washington Post was the first journalist to report on Snowden's documents. He said the U.S. government urged him not to specify by name which companies were involved, but Gellman decided that to name them "would make it real to Americans."[140] Reports also revealed details of Tempora, a British black-ops surveillance program run by the NSA's British partner, GCHQ.[138][141] The initial reports included details about NSA call database, Boundless Informant, and of a secret court order requiring Verizon to hand the NSA millions of Americans' phone records daily,[142] the surveillance of French citizens' phone and Internet records, and those of "high-profile individuals from the world of business or politics."[143][144][145] XKeyscore, an analytical tool that allows for collection of "almost anything done on the internet," was described by The Guardian as a program that shed light on one of Snowden's most controversial statements: "I, sitting at my desk [could] wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email."[146]

The NSA's top-secret black budget, obtained from Snowden by The Washington Post, exposed the successes and failures of the 16 spy agencies comprising the U.S. intelligence community,[147] and revealed that the NSA was paying U.S. private tech companies for clandestine access to their communications networks.[148] The agencies were allotted $52billion for the 2013 fiscal year.[149]

It was revealed that the NSA was harvesting millions of email and instant messaging contact lists,[150] searching email content,[151] tracking and mapping the location of cell phones,[152] undermining attempts at encryption via Bullrun[153][154] and that the agency was using cookies to piggyback on the same tools used by Internet advertisers "to pinpoint targets for government hacking and to bolster surveillance."[155] The NSA was shown to be secretly accessing Yahoo and Google data centers to collect information from hundreds of millions of account holders worldwide by tapping undersea cables using the MUSCULAR surveillance program.[132][133]

The NSA, the CIA and GCHQ spied on users of Second Life, Xbox Live and World of Warcraft, and attempted to recruit would-be informants from the sites, according to documents revealed in December 2013.[156][157] Leaked documents showed NSA agents also spied on their own "love interests," a practice NSA employees termed LOVEINT.[158][159] The NSA was shown to be tracking the online sexual activity of people they termed "radicalizers" in order to discredit them.[160] Following the revelation of Black Pearl, a program targeting private networks, the NSA was accused of extending beyond its primary mission of national security. The agency's intelligence-gathering operations had targeted, among others, oil giant Petrobras, Brazil's largest company.[161] The NSA and the GCHQ were also shown to be surveilling charities including UNICEF and Mdecins du Monde, as well as allies such as European Commissioner Joaqun Almunia and Israeli Prime Minister Benjamin Netanyahu.[162]

In October 2013, Glenn Greenwald said "the most shocking and significant stories are the ones we are still working on, and have yet to publish."[163] In November, The Guardian's editor-in-chief Alan Rusbridger said that only one percent of the documents had been published.[164] In December, Australia's Minister for Defence David Johnston said his government assumed the worst was yet to come.[165]

By October 2013, Snowden's disclosures had created tensions[166][167] between the U.S. and some of its close allies after they revealed that the U.S. had spied on Brazil, France, Mexico,[168] Britain,[169] China,[170] Germany,[171] and Spain,[172] as well as 35 world leaders,[173] most notably German Chancellor Angela Merkel, who said "spying among friends" was unacceptable[174][175] and compared the NSA with the Stasi.[176] Leaked documents published by Der Spiegel in 2014 appeared to show that the NSA had targeted 122 high-ranking leaders.[177]

An NSA mission statement titled "SIGINT Strategy 2012-2016" affirmed that the NSA had plans for the continued expansion of surveillance activities. Their stated goal was to "dramatically increase mastery of the global network" and to acquire adversaries' data from "anyone, anytime, anywhere."[178] Leaked slides revealed in Greenwald's book No Place to Hide, released in May 2014, showed that the NSA's stated objective was to "Collect it All," "Process it All," "Exploit it All," "Partner it All," "Sniff it All" and "Know it All."[179]

Snowden said in a January 2014 interview with German television that the NSA does not limit its data collection to national security issues, accusing the agency of conducting industrial espionage. Using the example of German company Siemens, he said, "If there's information at Siemens that's beneficial to US national interestseven if it doesn't have anything to do with national securitythen they'll take that information nevertheless."[180] In the wake of Snowden's revelations and in response to an inquiry from the Left Party, Germany's domestic security agency Bundesamt fr Verfassungsschutz (BfV) investigated and found no concrete evidence that the U.S. conducted economic or industrial espionage in Germany.[181]

In February 2014, during testimony to the European Union, Snowden said of the remaining undisclosed programs, "I will leave the public interest determinations as to which of these may be safely disclosed to responsible journalists in coordination with government stakeholders."[182]

In March 2014, documents disclosed by Glenn Greenwald writing for The Intercept showed the NSA, in cooperation with the GCHQ, has plans to infect millions of computers with malware using a program called TURBINE.[183] Revelations included information about QUANTUMHAND, a program through which the NSA set up a fake Facebook server to intercept connections.[183]

According to a report in The Washington Post in July 2014, relying on information furnished by Snowden, 90% of those placed under surveillance in the U.S. are ordinary Americans and are not the intended targets. The newspaper said it had examined documents including emails, message texts, and online accounts, that support the claim.[184]

In an August 2014 interview, Snowden for the first time disclosed a cyberwarfare program in the works, codenamed MonsterMind, that would automate the detection of a foreign cyberattack as it began and automatically fire back. "These attacks can be spoofed," said Snowden. "You could have someone sitting in China, for example, making it appear that one of these attacks is originating in Russia. And then we end up shooting back at a Russian hospital. What happens next?"[31]

Snowden first contemplated leaking confidential documents around 2008 but held back, partly because he believed the newly elected Barack Obama might introduce reforms.[1] After the disclosures, his identity was made public by The Guardian at his request on June 9, 2013.[119] "I do not want to live in a world where everything I do and say is recorded," he said. "My sole motive is to inform the public as to that which is done in their name and that which is done against them."[123]

Snowden said he wanted to "embolden others to step forward" by demonstrating that "they can win."[120] He also said that the system for reporting problems did not work. "You have to report wrongdoing to those most responsible for it." He cited a lack of whistleblower protection for government contractors, the use of the Espionage Act of 1917 to prosecute leakers and the belief that had he used internal mechanisms to "sound the alarm," his revelations "would have been buried forever."[112][185]

In December 2013, upon learning that a U.S. federal judge had ruled the collection of U.S. phone metadata conducted by the NSA as likely unconstitutional, Snowden said, "I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts ... today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans' rights."[186]

In January 2014, Snowden said his "breaking point" was "seeing the Director of National Intelligence, James Clapper, directly lie under oath to Congress."[59] This referred to testimony on March 12, 2013three months after Snowden first sought to share thousands of NSA documents with Greenwald,[113] and nine months after the NSA says Snowden made his first illegal downloads during the summer of 2012[1]in which Clapper denied to the U.S. Senate Select Committee on Intelligence that the NSA wittingly collects data on millions of Americans.[187] Snowden said, "There's no saving an intelligence community that believes it can lie to the public and the legislators who need to be able to trust it and regulate its actions. Seeing that really meant for me there was no going back. Beyond that, it was the creeping realization that no one else was going to do this. The public had a right to know about these programs."[188] In March 2014, Snowden said he had reported policy or legal issues related to spying programs to more than ten officials, but as a contractor had no legal avenue to pursue further whistleblowing.[86]

In May 2013, Snowden quit his job, telling his supervisors he required epilepsy treatment, but instead fled the United States for Hong Kong on May 10.[189] Snowden told Guardian reporters in June that he had been in his room at the Mira Hotel since his arrival in the city, rarely going out. On June 10, correspondent Ewen MacAskill said Snowden had left his hotel only briefly three times since May 20.[190]

Snowden vowed to challenge any extradition attempt by the U.S. government, and engaged a Hong Kong-based Canadian human rights lawyer Robert Tibbo as a legal adviser.[1][191][192] Snowden told the South China Morning Post that he planned to remain in Hong Kong for as long as its government would permit.[193][194] Snowden also told the Post that "the United States government has committed a tremendous number of crimes against Hong Kong [and] the PRC as well,"[195] going on to identify Chinese Internet Protocol addresses that the NSA monitored and stating that the NSA collected text-message data for Hong Kong residents. Glenn Greenwald said Snowden was motivated by a need to "ingratiate himself to the people of Hong Kong and China."[196]

After leaving the Mira Hotel, Snowden was housed for two weeks in several apartments by other refugees seeking asylum in Hong Kong, an arrangement set up by Tibbo to hide from the US authorities.[197][198]The Russian newspaper Kommersant nevertheless reported that Snowden was living at the Russian consulate shortly before his departure from Hong Kong to Moscow.[199] Ben Wizner, a lawyer with the American Civil Liberties Union (ACLU) and legal adviser to Snowden, said in January 2014, "Every news organization in the world has been trying to confirm that story. They haven't been able to, because it's false."[200] Likewise rejecting the Kommersant story was Anatoly Kucherena, who became Snowden's lawyer in July 2013 when Snowden asked him for help in seeking temporary asylum in Russia.[201] Kucherena said Snowden did not communicate with Russian diplomats while he was in Hong Kong.[202][203] In early September 2013, however, Russian president Vladimir Putin said that, a few days before boarding a plane to Moscow, Snowden met in Hong Kong with Russian diplomatic representatives.[204]

On June 22, 18 days after the publication of Snowden's NSA documents began, officials revoked his U.S. passport.[205] On June 23, Snowden boarded the commercial Aeroflot flight SU213 to Moscow, accompanied by Sarah Harrison of WikiLeaks.[206][207] Hong Kong authorities said that Snowden had not been detained for the U.S. because the request had not fully complied with Hong Kong law,[208][209] and there was no legal basis to prevent Snowden from leaving.[210][211][Notes 1] On June 24, a U.S. State Department spokesman rejected the explanation of technical noncompliance, accusing the Hong Kong government of deliberately releasing a fugitive despite a valid arrest warrant and after having sufficient time to prohibit his travel.[214] That same day, Julian Assange said that WikiLeaks had paid for Snowden's lodging in Hong Kong and his flight out.[215] Julian Assange had asked Fidel Narvez, consul at the Ecuadorian embassy in London, to sign an emergency travel document for Snowden. Snowden said that having the document gave him "the confidence, the courage to get on that plane to begin the journey".[216]

In October 2013, Snowden said that before flying to Moscow, he gave all the classified documents he had obtained to journalists he met in Hong Kong and kept no copies for himself.[112] In January 2014, he told a German TV interviewer that he gave all of his information to American journalists reporting on American issues.[59] During his first American TV interview, in May 2014, Snowden said he had protected himself from Russian leverage by destroying the material he had been holding before landing in Moscow.[24]

In January 2019, Vanessa Rodel, one of the refugees who had housed Snowden in Hong Kong, and her 7-year-old daughter were granted asylum by Canada.[217] In 2021, Supun Thilina Kellapatha, Nadeeka Dilrukshi Nonis and their children found refuge in Canada, leaving only one of Snowden's Hong Kong helpers waiting for asylum.[218]

On June 23, 2013, Snowden landed at Moscow's Sheremetyevo Airport.[219] WikiLeaks said he was on a circuitous but safe route to asylum in Ecuador.[220] Snowden had a seat reserved to continue to Cuba[221] but did not board that onward flight, saying in a January 2014 interview that he intended to transit through Russia but was stopped en route. He said "a planeload of reporters documented the seat I was supposed to be in" when he was ticketed for Havana, but the U.S. canceled his passport.[200] He said the U.S. wanted him to stay in Moscow so "they could say, 'He's a Russian spy.'"[73] Greenwald's account differed on the point of Snowden being already ticketed. According to Greenwald, Snowden's passport was valid when he departed Hong Kong but was revoked during the hours he was in transit to Moscow, preventing him from obtaining a ticket to leave Russia. Greenwald said Snowden was thus forced to stay in Moscow and seek asylum.[222]

According to one Russian report, Snowden planned to fly from Moscow through Havana to Latin America; however, Cuba told Moscow it would not allow the Aeroflot plane carrying Snowden to land.[202] The Russian newspaper Kommersant reported that Cuba had a change of heart after receiving pressure from U.S. officials,[223] leaving him stuck in the transit zone because at the last minute Havana told officials in Moscow not to allow him on the flight.[224] The Washington Post contrasted this version with what it called "widespread speculation" that Russia never intended to let Snowden proceed.[225] Fidel Castro called claims that Cuba would have blocked Snowden's entry a "lie" and a "libel."[221] Describing Snowden's arrival in Moscow as a surprise and likening it to "an unwanted Christmas gift,"[226] Russian president Putin said that Snowden remained in the transit area of Sheremetyevo Airport, had committed no crime in Russia, was free to leave and should do so.[227][226]

Following Snowden's arrival in Moscow, the White House expressed disappointment in Hong Kong's decision to allow him to leave.[228][229][214] An anonymous U.S. official not authorized to discuss the matter told the Associated Press Snowden's passport had been revoked before he left Hong Kong, but that a senior official in a country or airline could order subordinates to overlook the withdrawn passport.[230] U.S. Secretary of State John Kerry said that Snowden's passport was canceled "within two hours" of the charges against Snowden being made public[5] which was Friday, June 21.[4] In a July 1 statement, Snowden said, "Although I am convicted of nothing, [the U.S. government] has unilaterally revoked my passport, leaving me a stateless person. Without any judicial order, the administration now seeks to stop me exercising a basic right. A right that belongs to everybody. The right to seek asylum."[231]

Four countries offered Snowden permanent asylum: Ecuador, Nicaragua, Bolivia, and Venezuela.[232] No direct flights between Moscow and Venezuela, Bolivia, or Nicaragua existed, however, and the U.S. pressured countries along his route to hand him over. Snowden said in July 2013 that he decided to bid for asylum in Russia because he felt there was no safe way to reach Latin America.[233] Snowden said he remained in Russia because "when we were talking about possibilities for asylum in Latin America, the United States forced down the Bolivian president's plane", citing the Morales plane incident. According to Snowden, "the CIA has a very powerful presence [in Latin America] and the governments and the security services there are relatively much less capable than, say, Russia.... they could have basically snatched me...."[234] On the issue, he said "some governments in Western European and North American states have demonstrated a willingness to act outside the law, and this behavior persists today. This unlawful threat makes it impossible for me to travel to Latin America and enjoy the asylum granted there in accordance with our shared rights."[235] Snowden said that he would travel from Russia if there was no interference from the U.S. government.[200]

Four months after Snowden received asylum in Russia, Julian Assange commented: "While Venezuela and Ecuador could protect him in the short term, over the long term there could be a change in government. In Russia, he's safe, he's well-regarded, and that is not likely to change. That was my advice to Snowden, that he would be physically safest in Russia."[236]

In an October 2014 interview with The Nation magazine, Snowden reiterated that he had originally intended to travel to Latin America: "A lot of people are still unaware that I never intended to end up in Russia." According to Snowden, the U.S. government "waited until I departed Hong Kong to cancel my passport in order to trap me in Russia." Snowden added, "If they really wanted to capture me, they would've allowed me to travel to Latin America because the CIA can operate with impunity down there. They did not want that; they chose to keep me in Russia."[237]

On July 1, 2013, president Evo Morales of Bolivia, who had been attending a conference in Russia, suggested during an interview with RT (formerly Russia Today) that he would consider a request by Snowden for asylum.[238] The following day, Morales's plane, en route to Bolivia, was rerouted to Austria and landed there, after France, Spain, and Italy denied access to their airspace. While the plane was parked in Vienna, the Spanish ambassador to Austria arrived with two embassy personnel and asked to search the plane but they were denied permission by Morales himself.[239] U.S. officials had raised suspicions that Snowden may have been on board.[240] Morales blamed the U.S. for putting pressure on European countries and said that the grounding of his plane was a violation of international law.[241]

In April 2015, Bolivia's ambassador to Russia, Mara Luisa Ramos Urzagaste, accused Julian Assange of inadvertently putting Morales's life at risk by intentionally providing to the U.S. false rumors that Snowden was on Morales's plane. Assange responded that "we weren't expecting this outcome. The result was caused by the United States' intervention. We can only regret what happened."[242][243]

Snowden applied for political asylum to 21 countries.[244][245] A statement attributed to him contended that the U.S. administration, and specifically thenVice President Joe Biden, had pressured the governments to refuse his asylum petitions. Biden had telephoned President Rafael Correa days prior to Snowden's remarks, asking the Ecuadorian leader not to grant Snowden asylum.[246] Ecuador had initially offered Snowden a temporary travel document but later withdrew it,[247] and Correa later called the offer a mistake.[248]

In a July 1, 2013 statement published by WikiLeaks, Snowden accused the U.S. government of "using citizenship as a weapon" and using what he described as "old, bad tools of political aggression." Citing Obama's promise to not allow "wheeling and dealing" over the case, Snowden commented, "This kind of deception from a world leader is not justice, and neither is the extralegal penalty of exile."[249] Several days later, WikiLeaks announced that Snowden had applied for asylum in six additional countries, but declined to name them, alleging attempted U.S. interference.[250]

After evaluating the law and Snowden's situation, the French interior ministry rejected his request for asylum.[251] Poland refused to process his application because it did not conform to legal procedure.[252] Brazil's Foreign Ministry said the government planned no response to Snowden's asylum request. Germany and India rejected Snowden's application outright, while Austria, Ecuador, Finland, Norway, Italy, the Netherlands, and Spain said he must be on their territory to apply.[253][254][255] In November 2014, Germany announced that Snowden had not renewed his previously denied request and was not being considered for asylum.[256] Glenn Greenwald later reported that Sigmar Gabriel, Vice-Chancellor of Germany, told him the U.S. government had threatened to stop sharing intelligence if Germany offered Snowden asylum or arranged for his travel there.[257]

Putin said on July 1, 2013, that if Snowden wanted to be granted asylum in Russia, he would be required to "stop his work aimed at harming our American partners."[258] A spokesman for Putin subsequently said that Snowden had withdrawn his asylum application upon learning of the conditions.[259]

In a July 12 meeting at Sheremetyevo Airport with representatives of human rights organizations and lawyers, organized in part by the Russian government,[260] Snowden said he was accepting all offers of asylum that he had already received or would receive. He added that Venezuela's grant of asylum formalized his asylee status, removing any basis for state interference with his right to asylum.[261] He also said he would request asylum in Russia until he resolved his travel problems.[262] Slovenian correspondent Polonca Frelih, the only journalist, who presented at the July 12 meeting with Snowden, reported that he looked like someone without daylight for long time but strong enough psychologically while expressing worries about his medical condition. [263] Russian Federal Migration Service officials confirmed on July 16 that Snowden had submitted an application for temporary asylum.[264] On July 24, Kucherena said his client wanted to find work in Russia, travel and create a life for himself, and had already begun learning Russian.[265]

Amid media reports in early July 2013 attributed to U.S. administration sources that Obama's one-on-one meeting with Putin, ahead of a G20 meeting in St Petersburg scheduled for September, was in doubt due to Snowden's protracted sojourn in Russia,[266] top U.S. officials repeatedly made it clear to Moscow that Snowden should immediately be returned to the United States to face charges for the unauthorized leaking of classified information.[267][268][269] His Russian lawyer said Snowden needed asylum because he faced persecution by the U.S. government and feared "that he could be subjected to torture and capital punishment."[270]

Snowden married Lindsay Mills in 2017.On April 16, 2020, CNN reported that Edward Snowden had requested a three-year extension of his Russian residency permit.[271]

In a letter to Russian Minister of Justice Aleksandr Konovalov dated July 23, 2013, U.S. Attorney General Eric Holder repudiated Snowden's claim to refugee status and offered a limited validity passport good for direct return to the U.S.[272] He stated that Snowden would not be subject to torture or the death penalty, and would receive a trial in a civilian court with proper legal counsel.[273] The same day, the Russian president's spokesman reiterated that his government would not hand over Snowden, commenting that Putin was not personally involved in the matter and that it was being handled through talks between the FBI and Russia's FSB.[274]

On June 14, 2013, United States federal prosecutors filed a criminal complaint[275] against Snowden, charging him with three felonies: theft of government property and two counts of violating the Espionage Act of 1917 (18 U. S. C. Sect. 792 et. seq.; Publ. L. 65-24) through unauthorized communication of national defense information and willful communication of classified communications intelligence information to an unauthorized person.[4][272]

Specifically, the charges filed in the Criminal Complaint were:

Each of the three charges carries a maximum possible prison term of ten years. The criminal complaint was initially secret but was unsealed a week later.

Stephen P. Mulligan and Jennifer K. Elsea, Legislative attorneys for the Congressional Research Service, provide a 2017 analysis[276] of the uses of the Espionage Act to prosecute unauthorized disclosures of classified information, based on what was disclosed, to whom, and how; the burden of proof requirements e.g. degrees of Mens Rea (guilty mind), and the relationship of such considerations to the First Amendment framework of protections of free speech are also analyzed. The analysis includes the charges against Snowden, among several other cases. The discussion also covers gaps in the legal framework used to prosecute such cases.

Snowden was asked in a January 2014 interview about returning to the U.S. to face the charges in court, as Obama had suggested a few days prior. Snowden explained why he rejected the request:

What he doesn't say are that the crimes that he's charged me with are crimes that don't allow me to make my case. They don't allow me to defend myself in an open court to the public and convince a jury that what I did was to their benefit. ... So it's, I would say, illustrative that the president would choose to say someone should face the music when he knows the music is a show trial.[59][277]

Snowden's legal representative, Jesselyn Radack, wrote that "the Espionage Act effectively hinders a person from defending himself before a jury in an open court." She said that the "arcane World War I law" was never meant to prosecute whistleblowers, but rather spies who betrayed their trust by selling secrets to enemies for profit. Non-profit betrayals were not considered.[278]

On September 17, 2019, the United States filed a lawsuit, Civil Action No. 1:19-cv-1197-LO-TCB, against Snowden for alleged violations of non-disclosure agreements with the CIA and NSA.[279]The two-count civil complaint alleged that Snowden had violated prepublication obligations related to the publication of his memoir Permanent Record. The complaint listed the publishers Macmillan Publishing Group, LLC d.b.a. Henry Holt and Company and Holtzbrink, as relief-defendants.[280]The Hon. Liam O'Grady, a judge in the Alexandria Division of the United States District Court for the Eastern District of Virginia found for the United States (Plaintiff) by summary judgement, on both counts of the action.[281] The judgment also found that Snowden had been paid speaker honorariums totaling $1.03million for a series of 56 speeches delivered by video link.[17]

On June 23, 2013, Snowden landed at Moscow's Sheremetyevo Airport aboard a commercial Aeroflot flight from Hong Kong.[282][206][283] After 39 days in the transit section, he left the airport on August 1 and was granted temporary asylum in Russia for one year by the Federal Migration Service.[284]

Snowden had the choice to apply for renewal of his temporary refugee status for 12 months or requesting a permit for temporary stay for three years.[285] A year later, his temporary refugee status having expired, Snowden received a three-year temporary residency permit allowing him to travel freely within Russia and to go abroad for up to three months. He was not granted permanent political asylum.[286] In 2017, his temporary residency permit was extended for another three years.[6][287]

In December 2013, Snowden told journalist Barton Gellman that supporters in Silicon Valley had donated enough bitcoins for him to live on "until the fucking sun dies."[288] (A single bitcoin was then worth about $1,000.[17]) In 2017, Snowden secretly married Lindsay Mills.[289] By 2019, he no longer felt the need to be disguised in public and lived what was described by The Guardian as a "more or less normal life." He was able to travel around Russia and make a living from speaking arrangements, locally and over the internet.[289]

His memoir Permanent Record was released internationally on September 17, 2019, and while U.S. royalties were expected to be seized, he was able to receive an advance[289] of $4.2million.[17] The memoir reached the top position on Amazon's bestseller list that day.[290] Snowden said his work for the NSA and CIA showed him that the United States Intelligence Community (IC) had "hacked the Constitution", and that he had concluded there was no option for him but to expose his revelations via the press. In the memoir he wrote, "I realized that I was crazy to have imagined that the Supreme Court, or Congress, or President Obama, seeking to distance his administration from President George W. Bush's, would ever hold the IC legally responsible for anything".[291] Of Russia he said, "One of the things that is lost in all the problematic politics of the Russian government is the fact this is one of the most beautiful countries in the world" with "friendly" and "warm" people.[289]

On November 1, 2019, new amendments took effect introducing a permanent residence permit for the first time and removing the requirement to renew the pre-2019 so-called "permanent" residence permit every five years.[292][293] The new permanent residence permit must be replaced three times in a lifetime like an ordinary internal passport for Russian citizens.[294] In accordance with that law, Snowden was in October 2020 granted permanent residence in Russia instead of another extension.[6][295]

In April 2020, an amendment to Russian nationality law allowing foreigners to obtain Russian citizenship without renouncing a foreign citizenship came into force.[296] In November 2020, Snowden announced that he and his wife, Lindsay, who was expecting their son in late December, were applying for dual U.S.-Russian citizenship in order not to be separated from him "in this era of pandemics and closed borders."[297]

Snowden has said that, in the 2008 presidential election, he voted for a third-party candidate, though he "believed in Obama's promises." Following the election, he believed President Barack Obama was continuing policies espoused by George W. Bush.[298]

In accounts published in June 2013, interviewers noted that Snowden's laptop displayed stickers supporting Internet freedom organizations including the Electronic Frontier Foundation (EFF) and the Tor Project.[299] A week after publication of his leaks began, Ars Technica confirmed that Snowden had been an active participant at the site's online forum from 2001 through May 2012, discussing a variety of topics under the pseudonym "TheTrueHOOHA."[300] In an online discussion about racism in 2009, Snowden said: ''I went to London just last year it's where all of your muslims live I didn't want to get out of the car. I thought I had gotten off of the plane in the wrong country... it was terrifying.''[301][302][303][304] In a January 2009 entry, TheTrueHOOHA exhibited strong support for the U.S. security state apparatus and said leakers of classified information "should be shot in the balls."[305] However, Snowden disliked Obama's CIA director appointment of Leon Panetta, saying "Obama just named a fucking politician to run the CIA."[306] Snowden was also offended by a possible ban on assault weapons, writing "Me and all my lunatic, gun-toting NRA compatriots would be on the steps of Congress before the C-Span feed finished."[306] Snowden disliked Obama's economic policies, was against Social Security, and favored Ron Paul's call for a return to the gold standard.[306] In 2014, Snowden supported a universal basic income.[307]

In response to outrage by European leaders, President Barack Obama said in early July 2013 that all nations collect intelligence, including those expressing outrage. His remarks came in response to an article in the German magazine Der Spiegel.[308]

In 2014, Obama stated, "our nation's defense depends in part on the fidelity of those entrusted with our nation's secrets. If any individual who objects to government policy can take it into their own hands to publicly disclose classified information, then we will not be able to keep our people safe, or conduct foreign policy." He objected to the "sensational" way the leaks were reported, saying the reporting often "shed more heat than light." He said that the disclosures had revealed "methods to our adversaries that could impact our operations."[309]

During a November 2016 interview with the German broadcaster ARD and the German paper Der Spiegel, then-outgoing President Obama said he "can't" pardon Edward Snowden unless he is physically submitted to US authorities on US soil.[310]

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Edward Snowden - Wikipedia

EU/US Say They’ve Agreed To A New Privacy Shield That Doesn’t Seem To Deal With Any Of The Problems Of The Old One – Techdirt

from the lipstick-on-a-dead-pig dept

Last week, the EU and the US announced something important that sounds pretty boring a new privacy shield agreement. You should know its important, because in the midst of dealing with everything else, including the Russian invasion of Ukraine, President Biden actually made a public statement with European Commission President Ursula von der Leyen to announce it (in a speech that also included talk about the Russia/Ukraine situation). Here was the key bit:

And Im proud to announce that weve also reached another major breakthrough in transatlantic data flows. Privacy and security are key elements of my digital agenda.And today, weve agreed to unprecedented protections for data privacy and security for our citizens.This new agreement will enhance the Privacy Shield Framework; promote growth and innovation in Europe and the United States; and help companies, both small and large, compete in the digital economy.Just as we did when we resolved the Boeing-Airbus dispute and lifted the steel and aluminum tariffs, the United States and the EU are finding creative, new approaches to knit our economies and our people closer together, grounded on shared values.This framework underscores our shared commitment to privacy, to data protection, and to the rule of law. And its going to allow the European Commission to once again authorizetransatlantic data flows that help facilitate $7.1 trillion in economic relationships with the EU.

A little history if you dont follow this too closely. For years, the US and the EU had a privacy safe harbor setup, by which US internet companies were allowed to collect some data on EU users by agreeing to live up to certain standards. What this meant in practice was that every US internet company had to hire some random privacy auditor in the EU who would bless you with some sort of compliance statement. It was kind of a boondoggle (and, yes, we had to go through it ourselves).

Back in 2015, privacy advocate/perpetual thorn in the side of companies who collect data, Max Schrems, successfully challenged the legality of this agreement at the EU Court of Justice. What the EUCJ said in scrapping the privacy safe harbor agreement was that the NSAs PRISM program (exposed by Ed Snowden, and involving pressuring US internet companies to cough up information on users) violated the safe harbor.

Suddenly, it became unclear if US internet companies even could continue to collect data from EU users. There was a lot of scrambling, and in early 2016, the EU and the US announced a new privacy safe harbor, with the catchier name Privacy Shield. However, as we noted at the time, considering that the US refused to end the NSAs collection program under Section 702 of the FISA Amendments Act, it didnt seem possible that the new agreement would survive a challenge.

And, indeed, Schrems challenged the Privacy Shield again, and once again, in 2020, the EU courts rejected the Privacy Shield. In that decision, it continued to call out NSA surveillance, including executive order 12333, which, as weve noted, is actually the main source of the NSAs foreign surveillance powers, and (according to some) not subject to Congressional review.

So, now, the US and the EU claim theyve come up with a new Privacy Shield framework that will allow the data to flow freely across the Atlantic. But I dont see how thats possible. Because 12333 still exists. And, back in 2018, Congress renewed Section 702 of the FISA Amendments Act. So the two biggest reasons why the EUCJ has rejected these agreements two giant NSA spying programs still exist. I dont quite see how any new agreement is going to get around that without significantly modifying the NSAs surveillance program.

Schrems seems, lets say skeptical.

We already had a purely political deal in 2015 that had no legal basis. From what you hear we could play the same game a third time now. The deal was apparently a symbol that von der Leyen wanted, but does not have support among experts in Brussels, as the US did not move. It is especially appalling that the US has allegedly used the war on Ukraine to push the EU on this economic matter.

The final text will need more time, once this arrives we will analyze it in depth, together with our US legal experts. If it is not in line with EU law, we or another group will likely challenge it. In the end, the Court of Justice will decide a third time. We expect this to be back at the Court within months from a final decision.

It is regrettable that the EU and US have not used this situation to come to a no spy agreement, with baseline guarantees among like-minded democracies. Customers and businesses face more years of legal uncertainty.

While US tech companies have been celebrating the deal, they really shouldnt bother. Its hard to see how this survives another round in court, until the NSA has its wings clipped.

Filed Under: eo 12333, eu, executive order 12333, fisa amendments act, joe biden, max schrems, privacy, privacy safe harbor, privacy shield, section 702, surveillance, ursula von der leyen, us

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EU/US Say They've Agreed To A New Privacy Shield That Doesn't Seem To Deal With Any Of The Problems Of The Old One - Techdirt

Global surveillance disclosures (2013present) – Wikipedia

Disclosures of NSA and related global espionage

Ongoing news reports in the international media have revealed operational details about the Anglophone cryptographic agencies' global surveillance[1] of both foreign and domestic nationals. The reports mostly emanate from a cache of top secret documents leaked by ex-NSA contractor Edward Snowden, which he obtained whilst working for Booz Allen Hamilton, one of the largest contractors for defense and intelligence in the United States.[2] In addition to a trove of U.S. federal documents, Snowden's cache reportedly contains thousands of Australian, British and Canadian intelligence files that he had accessed via the exclusive "Five Eyes" network.[2] In June 2013, the first of Snowden's documents were published simultaneously by The Washington Post and The Guardian, attracting considerable public attention.[3] The disclosure continued throughout 2013, and a small portion of the estimated full cache of documents was later published by other media outlets worldwide, most notably The New York Times (United States), the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Der Spiegel (Germany), O Globo (Brazil), Le Monde (France), L'espresso (Italy), NRC Handelsblad (the Netherlands), Dagbladet (Norway), El Pas (Spain), and Sveriges Television (Sweden).[4]

These media reports have shed light on the implications of several secret treaties signed by members of the UKUSA community in their efforts to implement global surveillance. For example, Der Spiegel revealed how the German Federal Intelligence Service (German: Bundesnachrichtendienst; BND) transfers "massive amounts of intercepted data to the NSA",[5] while Swedish Television revealed the National Defence Radio Establishment (FRA) provided the NSA with data from its cable collection, under a secret treaty signed in 1954 for bilateral cooperation on surveillance.[6] Other security and intelligence agencies involved in the practice of global surveillance include those in Australia (ASD), Britain (GCHQ), Canada (CSE), Denmark (PET), France (DGSE), Germany (BND), Italy (AISE), the Netherlands (AIVD), Norway (NIS), Spain (CNI), Switzerland (NDB), Singapore (SID) as well as Israel (ISNU), which receives raw, unfiltered data of U.S. citizens that is shared by the NSA.[7][8][9][10][11][12][13][14]

On June 14, 2013, United States prosecutors charged Edward Snowden with espionage and theft of government property. In late July 2013, he was granted a one-year temporary asylum by the Russian government,[15] contributing to a deterioration of RussiaUnited States relations.[16][17] Towards the end of October 2013, the British Prime Minister David Cameron warned The Guardian not to publish any more leaks, or it will receive a DA-Notice.[18] In November 2013, a criminal investigation of the disclosure was being undertaken by Britain's Metropolitan Police Service.[19] In December 2013, The Guardian editor Alan Rusbridger said: "We have published I think 26 documents so far out of the 58,000 we've seen."[20]

The extent to which the media reports have responsibly informed the public is disputed. In January 2014, Obama said that "the sensational way in which these disclosures have come out has often shed more heat than light"[21] and critics such as Sean Wilentz have noted that many of the Snowden documents released do not concern domestic surveillance.[22] The US & British Defense establishment weigh the strategic harm in the period following the disclosures more heavily than their civic public benefit. In its first assessment of these disclosures, the Pentagon concluded that Snowden committed the biggest "theft" of U.S. secrets in the history of the United States.[23] Sir David Omand, a former director of GCHQ, described Snowden's disclosure as the "most catastrophic loss to British intelligence ever".[24]

Barton Gellman, a Pulitzer Prizewinning journalist who led The Washington Post's coverage of Snowden's disclosures, summarized the leaks as follows:

Taken together, the revelations have brought to light a global surveillance system that cast off many of its historical restraints after the attacks of Sept. 11, 2001. Secret legal authorities empowered the NSA to sweep in the telephone, Internet and location records of whole populations.

The disclosure revealed specific details of the NSA's close cooperation with U.S. federal agencies such as the Federal Bureau of Investigation (FBI)[26][27] and the Central Intelligence Agency (CIA),[28][29] in addition to the agency's previously undisclosed financial payments to numerous commercial partners and telecommunications companies,[30][31][32] as well as its previously undisclosed relationships with international partners such as Britain,[33][34] France,[12][35] Germany,[5][36] and its secret treaties with foreign governments that were recently established for sharing intercepted data of each other's citizens.[7][37][38][39] The disclosures were made public over the course of several months since June 2013, by the press in several nations from the trove leaked by the former NSA contractor Edward J. Snowden,[40] who obtained the trove while working for Booz Allen Hamilton.[2]

George Brandis, the Attorney-General of Australia, asserted that Snowden's disclosure is the "most serious setback for Western intelligence since the Second World War."[41]

As of December2013[update], global surveillance programs include:

The NSA was also getting data directly from telecommunications companies code-named Artifice, Lithium, Serenade, SteelKnight, and X. The real identities of the companies behind these code names were not included in the Snowden document dump because they were protected as Exceptionally Controlled Information which prevents wide circulation even to those (like Snowden) who otherwise have the necessary security clearance.[64][65]

Although the exact size of Snowden's disclosure remains unknown, the following estimates have been put up by various government officials:

As a contractor of the NSA, Snowden was granted access to U.S. government documents along with top secret documents of several allied governments, via the exclusive Five Eyes network.[68] Snowden claims that he currently does not physically possess any of these documents, having surrendered all copies to journalists he met in Hong Kong.[69]

According to his lawyer, Snowden has pledged not to release any documents while in Russia, leaving the responsibility for further disclosures solely to journalists.[70] As of 2014, the following news outlets have accessed some of the documents provided by Snowden: Australian Broadcasting Corporation, Canadian Broadcasting Corporation, Channel 4, Der Spiegel, El Pais, El Mundo, L'espresso, Le Monde, NBC, NRC Handelsblad, Dagbladet, O Globo, South China Morning Post, Sddeutsche Zeitung, Sveriges Television, The Guardian, The New York Times, and The Washington Post.

In the 1970s, NSA analyst Perry Fellwock (under the pseudonym "Winslow Peck") revealed the existence of the UKUSA Agreement, which forms the basis of the ECHELON network, whose existence was revealed in 1988 by Lockheed employee Margaret Newsham.[71][72] Months before the September 11 attacks and during its aftermath, further details of the global surveillance apparatus were provided by various individuals such as the former MI5 official David Shayler and the journalist James Bamford,[73][74] who were followed by:

In the aftermath of Snowden's revelations, The Pentagon concluded that Snowden committed the biggest theft of U.S. secrets in the history of the United States.[23] In Australia, the coalition government described the leaks as the most damaging blow dealt to Australian intelligence in history.[41] Sir David Omand, a former director of GCHQ, described Snowden's disclosure as the "most catastrophic loss to British intelligence ever".[24]

In April 2012, NSA contractor Edward Snowden began downloading documents.[86] That year, Snowden had made his first contact with journalist Glenn Greenwald, then employed by The Guardian, and he contacted documentary filmmaker Laura Poitras in January 2013.[87][88]

In May 2013, Snowden went on temporary leave from his position at the NSA, citing the pretext of receiving treatment for his epilepsy. Towards the end of May, he traveled to Hong Kong.[89][90] Greenwald, Poitras and the Guardian's defence and intelligence correspondent Ewen MacAskill flew to Hong Kong to meet Snowden.

After the U.S.-based editor of The Guardian, Janine Gibson, held several meetings in New York City, she decided that Greenwald, Poitras and the Guardian's defence and intelligence correspondent Ewen MacAskill would fly to Hong Kong to meet Snowden. On June 5, in the first media report based on the leaked material,[91] The Guardian exposed a top secret court order showing that the NSA had collected phone records from over 120 million Verizon subscribers.[92] Under the order, the numbers of both parties on a call, as well as the location data, unique identifiers, time of call, and duration of call were handed over to the FBI, which turned over the records to the NSA.[92] According to The Wall Street Journal, the Verizon order is part of a controversial data program, which seeks to stockpile records on all calls made in the U.S., but does not collect information directly from T-Mobile US and Verizon Wireless, in part because of their foreign ownership ties.[93]

On June 6, 2013, the second media disclosure, the revelation of the PRISM surveillance program (which collects the e-mail, voice, text and video chats of foreigners and an unknown number of Americans from Microsoft, Google, Facebook, Yahoo, Apple and other tech giants),[94][95][96][97] was published simultaneously by The Guardian and The Washington Post.[85][98]

Der Spiegel revealed NSA spying on multiple diplomatic missions of the European Union and the United Nations Headquarters in New York.[99][100] During specific episodes within a four-year period, the NSA hacked several Chinese mobile-phone companies,[101] the Chinese University of Hong Kong and Tsinghua University in Beijing,[102] and the Asian fiber-optic network operator Pacnet.[103] Only Australia, Canada, New Zealand and the UK are explicitly exempted from NSA attacks, whose main target in the European Union is Germany.[104] A method of bugging encrypted fax machines used at an EU embassy is codenamed Dropmire.[105]

During the 2009 G-20 London summit, the British intelligence agency Government Communications Headquarters (GCHQ) intercepted the communications of foreign diplomats.[106] In addition, GCHQ has been intercepting and storing mass quantities of fiber-optic traffic via Tempora.[107] Two principal components of Tempora are called "Mastering the Internet" (MTI) and "Global Telecoms Exploitation".[108] The data is preserved for three days while metadata is kept for thirty days.[109] Data collected by GCHQ under Tempora is shared with the National Security Agency (NSA) of the United States.[108]

From 2001 to 2011, the NSA collected vast amounts of metadata records detailing the email and internet usage of Americans via Stellar Wind,[110] which was later terminated due to operational and resource constraints. It was subsequently replaced by newer surveillance programs such as ShellTrumpet, which "processed its one trillionth metadata record" by the end of December 2012.[111]

The NSA follows specific procedures to target non-U.S. persons[112] and to minimize data collection from U.S. persons.[113] These court-approved policies allow the NSA to:[114][115]

According to Boundless Informant, over 97 billion pieces of intelligence were collected over a 30-day period ending in March 2013. Out of all 97 billion sets of information, about 3 billion data sets originated from U.S. computer networks[116] and around 500 million metadata records were collected from German networks.[117]

In August 2013, it was revealed that the Bundesnachrichtendienst (BND) of Germany transfers massive amounts of metadata records to the NSA.[118]

Der Spiegel disclosed that out of all 27 member states of the European Union, Germany is the most targeted due to the NSA's systematic monitoring and storage of Germany's telephone and Internet connection data. According to the magazine the NSA stores data from around half a billion communications connections in Germany each month. This data includes telephone calls, emails, mobile-phone text messages and chat transcripts.[119]

The NSA gained massive amounts of information captured from the monitored data traffic in Europe. For example, in December 2012, the NSA gathered on an average day metadata from some 15 million telephone connections and 10 million Internet datasets. The NSA also monitored the European Commission in Brussels and monitored EU diplomatic Facilities in Washington and at the United Nations by placing bugs in offices as well as infiltrating computer networks.[120]

The U.S. government made as part of its UPSTREAM data collection program deals with companies to ensure that it had access to and hence the capability to surveil undersea fiber-optic cables which deliver e-mails, Web pages, other electronic communications and phone calls from one continent to another at the speed of light.[121][122]

According to the Brazilian newspaper O Globo, the NSA spied on millions of emails and calls of Brazilian citizens,[123][124] while Australia and New Zealand have been involved in the joint operation of the NSA's global analytical system XKeyscore.[125][126] Among the numerous allied facilities contributing to XKeyscore are four installations in Australia and one in New Zealand:

O Globo released an NSA document titled "Primary FORNSAT Collection Operations", which revealed the specific locations and codenames of the FORNSAT intercept stations in 2002.[127]

According to Edward Snowden, the NSA has established secret intelligence partnerships with many Western governments.[126] The Foreign Affairs Directorate (FAD) of the NSA is responsible for these partnerships, which, according to Snowden, are organized such that foreign governments can "insulate their political leaders" from public outrage in the event that these global surveillance partnerships are leaked.[128]

In an interview published by Der Spiegel, Snowden accused the NSA of being "in bed together with the Germans".[129] The NSA granted the German intelligence agencies BND (foreign intelligence) and BfV (domestic intelligence) access to its controversial XKeyscore system.[130] In return, the BND turned over copies of two systems named Mira4 and Veras, reported to exceed the NSA's SIGINT capabilities in certain areas.[5] Every day, massive amounts of metadata records are collected by the BND and transferred to the NSA via the Bad Aibling Station near Munich, Germany.[5] In December 2012 alone, the BND handed over 500 million metadata records to the NSA.[131][132]

In a document dated January 2013, the NSA acknowledged the efforts of the BND to undermine privacy laws:

The BND has been working to influence the German government to relax interpretation of the privacy laws to provide greater opportunities of intelligence sharing.[132]

According to an NSA document dated April 2013, Germany has now become the NSA's "most prolific partner".[132] Under a section of a separate document leaked by Snowden titled "Success Stories", the NSA acknowledged the efforts of the German government to expand the BND's international data sharing with partners:

The German government modifies its interpretation of the G-10 privacy law to afford the BND more flexibility in sharing protected information with foreign partners.[49]

In addition, the German government was well aware of the PRISM surveillance program long before Edward Snowden made details public. According to Angela Merkel's spokesman Steffen Seibert, there are two separate PRISM programs one is used by the NSA and the other is used by NATO forces in Afghanistan.[133] The two programs are "not identical".[133]

The Guardian revealed further details of the NSA's XKeyscore tool, which allows government analysts to search through vast databases containing emails, online chats and the browsing histories of millions of individuals without prior authorization.[134][135][136] Microsoft "developed a surveillance capability to deal" with the interception of encrypted chats on Outlook.com, within five months after the service went into testing. NSA had access to Outlook.com emails because "Prism collects this data prior to encryption."[45]

In addition, Microsoft worked with the FBI to enable the NSA to gain access to its cloud storage service SkyDrive. An internal NSA document dating from August 3, 2012, described the PRISM surveillance program as a "team sport".[45]

Even if there is no reason to suspect U.S. citizens of wrongdoing, the CIA's National Counterterrorism Center is allowed to examine federal government files for possible criminal behavior. Previously the NTC was barred to do so, unless a person was a terror suspect or related to an investigation.[137]

Snowden also confirmed that Stuxnet was cooperatively developed by the United States and Israel.[138] In a report unrelated to Edward Snowden, the French newspaper Le Monde revealed that France's DGSE was also undertaking mass surveillance, which it described as "illegal and outside any serious control".[139][140]

Documents leaked by Edward Snowden that were seen by Sddeutsche Zeitung (SZ) and Norddeutscher Rundfunk revealed that several telecom operators have played a key role in helping the British intelligence agency Government Communications Headquarters (GCHQ) tap into worldwide fiber-optic communications. The telecom operators are:

Each of them were assigned a particular area of the international fiber-optic network for which they were individually responsible. The following networks have been infiltrated by GCHQ: TAT-14 (EU-UK-US), Atlantic Crossing 1 (EU-UK-US), Circe South (France-UK), Circe North (Netherlands-UK), Flag Atlantic-1, Flag Europa-Asia, SEA-ME-WE 3 (Southeast Asia-Middle East-Western Europe), SEA-ME-WE 4 (Southeast Asia-Middle East-Western Europe), Solas (Ireland-UK), UK-France 3, UK-Netherlands 14, ULYSSES (EU-UK), Yellow (UK-US) and Pan European Crossing (EU-UK).[142]

Telecommunication companies who participated were "forced" to do so and had "no choice in the matter".[142] Some of the companies were subsequently paid by GCHQ for their participation in the infiltration of the cables.[142] According to the SZ, GCHQ has access to the majority of internet and telephone communications flowing throughout Europe, can listen to phone calls, read emails and text messages, see which websites internet users from all around the world are visiting. It can also retain and analyse nearly the entire European internet traffic.[142]

GCHQ is collecting all data transmitted to and from the United Kingdom and Northern Europe via the undersea fibre optic telecommunications cable SEA-ME-WE 3. The Security and Intelligence Division (SID) of Singapore co-operates with Australia in accessing and sharing communications carried by the SEA-ME-WE-3 cable. The Australian Signals Directorate (ASD) is also in a partnership with British, American and Singaporean intelligence agencies to tap undersea fibre optic telecommunications cables that link Asia, the Middle East and Europe and carry much of Australia's international phone and internet traffic.[143]

The U.S. runs a top-secret surveillance program known as the Special Collection Service (SCS), which is based in over 80 U.S. consulates and embassies worldwide.[145] The NSA hacked the United Nations' video conferencing system in Summer 2012 in violation of a UN agreement.[145]

The NSA is not just intercepting the communications of Americans who are in direct contact with foreigners targeted overseas, but also searching the contents of vast amounts of e-mail and text communications into and out of the country by Americans who mention information about foreigners under surveillance.[146] It also spied on Al Jazeera and gained access to its internal communications systems.[147]

The NSA has built a surveillance network that has the capacity to reach roughly 75% of all U.S. Internet traffic.[148][149][150] U.S. Law-enforcement agencies use tools used by computer hackers to gather information on suspects.[151][152] An internal NSA audit from May 2012 identified 2776 incidents i.e. violations of the rules or court orders for surveillance of Americans and foreign targets in the U.S. in the period from April 2011 through March 2012, while U.S. officials stressed that any mistakes are not intentional.[153][154][155][156][157][158][159]

The FISA Court that is supposed to provide critical oversight of the U.S. government's vast spying programs has limited ability to do so and it must trust the government to report when it improperly spies on Americans.[160] A legal opinion declassified on August 21, 2013, revealed that the NSA intercepted for three years as many as 56,000 electronic communications a year of Americans not suspected of having links to terrorism, before FISA court that oversees surveillance found the operation unconstitutional in 2011.[161][162][163][164][165] Under the Corporate Partner Access project, major U.S. telecommunications providers receive hundreds of millions of dollars each year from the NSA.[166] Voluntary cooperation between the NSA and the providers of global communications took off during the 1970s under the cover name BLARNEY.[166]

A letter drafted by the Obama administration specifically to inform Congress of the government's mass collection of Americans' telephone communications data was withheld from lawmakers by leaders of the House Intelligence Committee in the months before a key vote affecting the future of the program.[167][168]

The NSA paid GCHQ over 100 Million between 2009 and 2012, in exchange for these funds GCHQ "must pull its weight and be seen to pull its weight." Documents referenced in the article explain that the weaker British laws regarding spying are "a selling point" for the NSA. GCHQ is also developing the technology to "exploit any mobile phone at any time."[169] The NSA has under a legal authority a secret backdoor into its databases gathered from large Internet companies enabling it to search for U.S. citizens' email and phone calls without a warrant.[170][171]

The Privacy and Civil Liberties Oversight Board urged the U.S. intelligence chiefs to draft stronger US surveillance guidelines on domestic spying after finding that several of those guidelines have not been updated up to 30 years.[172][173] U.S. intelligence analysts have deliberately broken rules designed to prevent them from spying on Americans by choosing to ignore so-called "minimisation procedures" aimed at protecting privacy[174][175] and used the NSA's agency's enormous eavesdropping power to spy on love interests.[176]

After the U.S. Foreign Secret Intelligence Court ruled in October 2011 that some of the NSA's activities were unconstitutional, the agency paid millions of dollars to major internet companies to cover extra costs incurred in their involvement with the PRISM surveillance program.[177]

"Mastering the Internet" (MTI) is part of the Interception Modernisation Programme (IMP) of the British government that involves the insertion of thousands of DPI (deep packet inspection) "black boxes" at various internet service providers, as revealed by the British media in 2009.[178]

In 2013, it was further revealed that the NSA had made a 17.2 million financial contribution to the project, which is capable of vacuuming signals from up to 200 fibre-optic cables at all physical points of entry into Great Britain.[179]

The Guardian and The New York Times reported on secret documents leaked by Snowden showing that the NSA has been in "collaboration with technology companies" as part of "an aggressive, multipronged effort" to weaken the encryption used in commercial software, and GCHQ has a team dedicated to cracking "Hotmail, Google, Yahoo and Facebook" traffic.[186]

Germany's domestic security agency Bundesverfassungsschutz (BfV) systematically transfers the personal data of German residents to the NSA, CIA and seven other members of the United States Intelligence Community, in exchange for information and espionage software.[187][188][189] Israel, Sweden and Italy are also cooperating with American and British intelligence agencies. Under a secret treaty codenamed "Lustre", French intelligence agencies transferred millions of metadata records to the NSA.[62][63][190][191]

The Obama Administration secretly won permission from the Foreign Intelligence Surveillance Court in 2011 to reverse restrictions on the National Security Agency's use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans' communications in its massive databases. The searches take place under a surveillance program Congress authorized in 2008 under Section 702 of the Foreign Intelligence Surveillance Act. Under that law, the target must be a foreigner "reasonably believed" to be outside the United States, and the court must approve the targeting procedures in an order good for one year. But a warrant for each target would thus no longer be required. That means that communications with Americans could be picked up without a court first determining that there is probable cause that the people they were talking to were terrorists, spies or "foreign powers." The FISC extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years with an extension possible for foreign intelligence or counterintelligence purposes. Both measures were done without public debate or any specific authority from Congress.[192]

A special branch of the NSA called "Follow the Money" (FTM) monitors international payments, banking and credit card transactions and later stores the collected data in the NSA's own financial databank "Tracfin".[193] The NSA monitored the communications of Brazil's president Dilma Rousseff and her top aides.[194] The agency also spied on Brazil's oil firm Petrobras as well as French diplomats, and gained access to the private network of the Ministry of Foreign Affairs of France and the SWIFT network.[195]

In the United States, the NSA uses the analysis of phone call and e-mail logs of American citizens to create sophisticated graphs of their social connections that can identify their associates, their locations at certain times, their traveling companions and other personal information.[196] The NSA routinely shares raw intelligence data with Israel without first sifting it to remove information about U.S. citizens.[7][197]

In an effort codenamed GENIE, computer specialists can control foreign computer networks using "covert implants," a form of remotely transmitted malware on tens of thousands of devices annually.[198][199][200][201] As worldwide sales of smartphones began exceeding those of feature phones, the NSA decided to take advantage of the smartphone boom. This is particularly advantageous because the smartphone combines a myriad of data that would interest an intelligence agency, such as social contacts, user behavior, interests, location, photos and credit card numbers and passwords.[202]

An internal NSA report from 2010 stated that the spread of the smartphone has been occurring "extremely rapidly"developments that "certainly complicate traditional target analysis."[202] According to the document, the NSA has set up task forces assigned to several smartphone manufacturers and operating systems, including Apple Inc.'s iPhone and iOS operating system, as well as Google's Android mobile operating system.[202] Similarly, Britain's GCHQ assigned a team to study and crack the BlackBerry.[202]

Under the heading "iPhone capability", the document notes that there are smaller NSA programs, known as "scripts", that can perform surveillance on 38 different features of the iOS 3 and iOS 4 operating systems. These include the mapping feature, voicemail and photos, as well as Google Earth, Facebook and Yahoo! Messenger.[202]

On September 9, 2013, an internal NSA presentation on iPhone Location Services was published by Der Spiegel. One slide shows scenes from Apple's 1984-themed television commercial alongside the words "Who knew in 1984..."; another shows Steve Jobs holding an iPhone, with the text "...that this would be big brother..."; and a third shows happy consumers with their iPhones, completing the question with "...and the zombies would be paying customers?"[203]

On October 4, 2013, The Washington Post and The Guardian jointly reported that the NSA and GCHQ had made repeated attempts to spy on anonymous Internet users who have been communicating in secret via the anonymity network Tor. Several of these surveillance operations involved the implantation of malicious code into the computers of Tor users who visit particular websites. The NSA and GCHQ had partly succeeded in blocking access to the anonymous network, diverting Tor users to insecure channels. The government agencies were also able to uncover the identity of some anonymous Internet users.[204][205][206][207][208][209][210][211][212]

The Communications Security Establishment (CSE) has been using a program called Olympia to map the communications of Brazil's Mines and Energy Ministry by targeting the metadata of phone calls and emails to and from the ministry.[213][214]

The Australian Federal Government knew about the PRISM surveillance program months before Edward Snowden made details public.[215][216]

The NSA gathered hundreds of millions of contact lists from personal e-mail and instant messaging accounts around the world. The agency did not target individuals. Instead it collected contact lists in large numbers that amount to a sizable fraction of the world's e-mail and instant messaging accounts. Analysis of that data enables the agency to search for hidden connections and to map relationships within a much smaller universe of foreign intelligence targets.[217][218][219][220]

The NSA monitored the public email account of former Mexican president Felipe Caldern (thus gaining access to the communications of high-ranking cabinet members), the emails of several high-ranking members of Mexico's security forces and text and the mobile phone communication of current Mexican president Enrique Pea Nieto.[221][222] The NSA tries to gather cellular and landline phone numbersoften obtained from American diplomatsfor as many foreign officials as possible. The contents of the phone calls are stored in computer databases that can regularly be searched using keywords.[223][224]

The NSA has been monitoring telephone conversations of 35 world leaders.[225] The U.S. government's first public acknowledgment that it tapped the phones of world leaders was reported on October 28, 2013, by the Wall Street Journal after an internal U.S. government review turned up NSA monitoring of some 35 world leaders.[226] GCHQ has tried to keep its mass surveillance program a secret because it feared a "damaging public debate" on the scale of its activities which could lead to legal challenges against them.[227]

The Guardian revealed that the NSA had been monitoring telephone conversations of 35 world leaders after being given the numbers by an official in another U.S. government department. A confidential memo revealed that the NSA encouraged senior officials in such Departments as the White House, State and The Pentagon, to share their "Rolodexes" so the agency could add the telephone numbers of leading foreign politicians to their surveillance systems. Reacting to the news, German leader Angela Merkel, arriving in Brussels for an EU summit, accused the U.S. of a breach of trust, saying: "We need to have trust in our allies and partners, and this must now be established once again. I repeat that spying among friends is not at all acceptable against anyone, and that goes for every citizen in Germany."[225] The NSA collected in 2010 data on ordinary Americans' cellphone locations, but later discontinued it because it had no "operational value."[228]

Under Britain's MUSCULAR programme, the NSA and GCHQ have secretly broken into the main communications links that connect Yahoo and Google data centers around the world and thereby gained the ability to collect metadata and content at will from hundreds of millions of user accounts.[229][230][231][232][233]

The mobile phone of German Chancellor Angela Merkel might have been tapped by U.S. intelligence.[234][235][236][237][238][239][240] According to the Spiegel this monitoring goes back to 2002[241][242] and ended in the summer of 2013,[226] while The New York Times reported that Germany has evidence that the NSA's surveillance of Merkel began during George W. Bush's tenure.[243] After learning from Der Spiegel magazine that the NSA has been listening in to her personal mobile phone, Merkel compared the snooping practices of the NSA with those of the Stasi.[244] It was reported in March 2014, by Der Spiegel that Merkel had also been placed on an NSA surveillance list alongside 122 other world leaders.[245]

On October 31, 2013, Hans-Christian Strbele, a member of the German Bundestag, met Snowden in Moscow and revealed the former intelligence contractor's readiness to brief the German government on NSA spying.[246]

A highly sensitive signals intelligence collection program known as Stateroom involves the interception of radio, telecommunications and internet traffic. It is operated out of the diplomatic missions of the Five Eyes (Australia, Britain, Canada, New Zealand, United States) in numerous locations around the world. The program conducted at U.S. diplomatic missions is run in concert by the U.S. intelligence agencies NSA and CIA in a joint venture group called "Special Collection Service" (SCS), whose members work undercover in shielded areas of the American Embassies and Consulates, where they are officially accredited as diplomats and as such enjoy special privileges. Under diplomatic protection, they are able to look and listen unhindered. The SCS for example used the American Embassy near the Brandenburg Gate in Berlin to monitor communications in Germany's government district with its parliament and the seat of the government.[240][247][248][249]

Under the Stateroom surveillance programme, Australia operates clandestine surveillance facilities to intercept phone calls and data across much of Asia.[248][250]

In France, the NSA targeted people belonging to the worlds of business, politics or French state administration. The NSA monitored and recorded the content of telephone communications and the history of the connections of each target i.e. the metadata.[251][252] The actual surveillance operation was performed by French intelligence agencies on behalf of the NSA.[62][253] The cooperation between France and the NSA was confirmed by the Director of the NSA, Keith B. Alexander, who asserted that foreign intelligence services collected phone records in "war zones" and "other areas outside their borders" and provided them to the NSA.[254]

The French newspaper Le Monde also disclosed new PRISM and Upstream slides (See Page 4, 7 and 8) coming from the "PRISM/US-984XN Overview" presentation.[255]

In Spain, the NSA intercepted the telephone conversations, text messages and emails of millions of Spaniards, and spied on members of the Spanish government.[256] Between December 10, 2012, and January 8, 2013, the NSA collected metadata on 60 million telephone calls in Spain.[257]

According to documents leaked by Snowden, the surveillance of Spanish citizens was jointly conducted by the NSA and the intelligence agencies of Spain.[258][259]

The New York Times reported that the NSA carries out an eavesdropping effort, dubbed Operation Dreadnought, against the Iranian leader Ayatollah Ali Khamenei. During his 2009 visit to Iranian Kurdistan, the agency collaborated with GCHQ and the U.S.'s National Geospatial-Intelligence Agency, collecting radio transmissions between aircraft and airports, examining Khamenei's convoy with satellite imagery, and enumerating military radar stations. According to the story, an objective of the operation is "communications fingerprinting": the ability to distinguish Khamenei's communications from those of other people in Iran.[260]

The same story revealed an operation code-named Ironavenger, in which the NSA intercepted e-mails sent between a country allied with the United States and the government of "an adversary". The ally was conducting a spear-phishing attack: its e-mails contained malware. The NSA gathered documents and login credentials belonging to the enemy country, along with knowledge of the ally's capabilities for attacking computers.[260]

According to the British newspaper The Independent, the British intelligence agency GCHQ maintains a listening post on the roof of the British Embassy in Berlin that is capable of intercepting mobile phone calls, wi-fi data and long-distance communications all over the German capital, including adjacent government buildings such as the Reichstag (seat of the German parliament) and the Chancellery (seat of Germany's head of government) clustered around the Brandenburg Gate.[261]

Operating under the code-name "Quantum Insert", GCHQ set up a fake website masquerading as LinkedIn, a social website used for professional networking, as part of its efforts to install surveillance software on the computers of the telecommunications operator Belgacom.[262][263][264] In addition, the headquarters of the oil cartel OPEC were infiltrated by GCHQ as well as the NSA, which bugged the computers of nine OPEC employees and monitored the General Secretary of OPEC.[262]

For more than three years GCHQ has been using an automated monitoring system code-named "Royal Concierge" to infiltrate the reservation systems of at least 350 prestigious hotels in many different parts of the world in order to target, search and analyze reservations to detect diplomats and government officials.[265] First tested in 2010, the aim of the "Royal Concierge" is to track down the travel plans of diplomats, and it is often supplemented with surveillance methods related to human intelligence (HUMINT). Other covert operations include the wiretapping of room telephones and fax machines used in targeted hotels as well as the monitoring of computers hooked up to the hotel network.[265]

In November 2013, the Australian Broadcasting Corporation and The Guardian revealed that the Australian Signals Directorate (DSD) had attempted to listen to the private phone calls of the president of Indonesia and his wife. The Indonesian foreign minister, Marty Natalegawa, confirmed that he and the president had contacted the ambassador in Canberra. Natalegawa said any tapping of Indonesian politicians' personal phones "violates every single decent and legal instrument I can think ofnational in Indonesia, national in Australia, international as well".[266]

Other high-ranking Indonesian politicians targeted by the DSD include:

Carrying the title "3G impact and update", a classified presentation leaked by Snowden revealed the attempts of the ASD/DSD to keep up to pace with the rollout of 3G technology in Indonesia and across Southeast Asia. The ASD/DSD motto placed at the bottom of each page reads: "Reveal their secretsprotect our own."[267]

Under a secret deal approved by British intelligence officials, the NSA has been storing and analyzing the internet and email records of British citizens since 2007. The NSA also proposed in 2005 a procedure for spying on the citizens of the UK and other Five-Eyes nations alliance, even where the partner government has explicitly denied the U.S. permission to do so. Under the proposal, partner countries must neither be informed about this particular type of surveillance, nor the procedure of doing so.[37]

Towards the end of November, The New York Times released an internal NSA report outlining the agency's efforts to expand its surveillance abilities.[268] The five-page document asserts that the law of the United States has not kept up with the needs of the NSA to conduct mass surveillance in the "golden age" of signals intelligence, but there are grounds for optimism because, in the NSA's own words:

The culture of compliance, which has allowed the American people to entrust NSA with extraordinary authorities, will not be compromised in the face of so many demands, even as we aggressively pursue legal authorities...[269]

The report, titled "SIGINT Strategy 20122016", also said that the U.S. will try to influence the "global commercial encryption market" through "commercial relationships", and emphasized the need to "revolutionize" the analysis of its vast data collection to "radically increase operational impact".[268]

On November 23, 2013, the Dutch newspaper NRC Handelsblad reported that the Netherlands was targeted by U.S. intelligence agencies in the immediate aftermath of World War II. This period of surveillance lasted from 1946 to 1968, and also included the interception of the communications of other European countries including Belgium, France, West Germany and Norway.[270] The Dutch Newspaper also reported that NSA infected more than 50,000 computer networks worldwide, often covertly, with malicious spy software, sometimes in cooperation with local authorities, designed to steal sensitive information.[40][271]

LARGE CABLE20 major points of accesses, many of them located within the United States

According to the classified documents leaked by Snowden, the Australian Signals Directorate (ASD), formerly known as the Defense Signals Directorate, had offered to share intelligence information it had collected with the other intelligence agencies of the UKUSA Agreement. Data shared with foreign countries include "bulk, unselected, unminimized metadata" it had collected. The ASD provided such information on the condition that no Australian citizens were targeted. At the time the ASD assessed that "unintentional collection [of metadata of Australian nationals] is not viewed as a significant issue". If a target was later identified as being an Australian national, the ASD was required to be contacted to ensure that a warrant could be sought. Consideration was given as to whether "medical, legal or religious information" would be automatically treated differently to other types of data, however a decision was made that each agency would make such determinations on a case-by-case basis.[272] Leaked material does not specify where the ASD had collected the intelligence information from, however Section 7(a) of the Intelligence Services Act 2001 (Commonwealth) states that the ASD's role is "...to obtain intelligence about the capabilities, intentions or activities of people or organizations outside Australia...".[273] As such, it is possible ASD's metadata intelligence holdings was focused on foreign intelligence collection and was within the bounds of Australian law.

The Washington Post revealed that the NSA has been tracking the locations of mobile phones from all over the world by tapping into the cables that connect mobile networks globally and that serve U.S. cellphones as well as foreign ones. In the process of doing so, the NSA collects more than five billion records of phone locations on a daily basis. This enables NSA analysts to map cellphone owners' relationships by correlating their patterns of movement over time with thousands or millions of other phone users who cross their paths.[274][275][276][277][278][279][280][281]

The Washington Post also reported that both GCHQ and the NSA make use of location data and advertising tracking files generated through normal internet browsing (with cookies operated by Google, known as "Pref") to pinpoint targets for government hacking and to bolster surveillance.[282][283][284]

The Norwegian Intelligence Service (NIS), which cooperates with the NSA, has gained access to Russian targets in the Kola Peninsula and other civilian targets. In general, the NIS provides information to the NSA about "Politicians", "Energy" and "Armament".[285] A top secret memo of the NSA lists the following years as milestones of the NorwayUnited States of America SIGINT agreement, or NORUS Agreement:

The NSA considers the NIS to be one of its most reliable partners. Both agencies also cooperate to crack the encryption systems of mutual targets. According to the NSA, Norway has made no objections to its requests from the NIS.[286]

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Four refugees who sheltered Snowden find sanctuary in Canada – FRANCE 24

Issued on: 29/09/2021 - 09:02

Montreal (AFP)

Four Sri Lankan refugees who hid Edward Snowden in their tiny Hong Kong apartments when he was on the run after exposing NSA spying landed in Canada on Tuesday where they were granted asylum, ending years in limbo.

Supun Thilina Kellapatha and Nadeeka Dilrukshi Nonis touched down in Toronto with their children Sethumdi and Dinath and were due to go on to Montreal to "start their new lives," non-profit For the Refugees said in a statement.

The family were part of a group of seven poverty-stricken refugees from Sri Lanka and the Philippines living in Hong Kong who nonetheless agreed to shelter Snowden after his bombshell revelations in 2013.

Vanessa Rodel, from the Philippines, and her daughter Keana were granted asylum in Canada in 2019 with the help of For the Refugees, who have lobbied Canada to take in the others, arguing they faced persecution both in their homeland and in Hong Kong because they helped Snowden.

Kellapatha's family had faced deportation after their initial refugee claims in Hong Kong were rejected.

He spoke of his relief at finally finding a place of permanent sanctuary.

"I'm so happy this is over. I'm so happy to be going to Canada," the South China Morning Post quoted him as saying before he and his family boarded a plane in Hong Kong.

"We have a new life, our children now have a future. We're so grateful right now. Really, I am speechless... The kids are so happy. I'm so grateful."

- 'One more' -

Snowden welcomed the news of the family's arrival in Canada.

"This is the best news I've heard in a long, long time," he wrote on Twitter.

"We need to bring one more home before we can say we're done, but I cannot thank you enough for bringing us this far," he added.

A seventh member of the group, Sri Lankan army deserter Ajith Pushpakumara, remains in Hong Kong, where "his safety is still at risk," according to For the Refugees, which renewed its call for Ottawa to expedite his asylum claim.

"We are happy with the end result -- at least for six of the seven," For the Refugees president Marc-Andre Seguin told AFP.

"Although we welcome the arrival and start of a new chapter in the lives of this family of four, we cannot ignore that Ajith has stayed behind," he said.

"We are asking that Canada (again) do the right thing and admit the last of Snowden's Guardian Angels before it's too late."

- 'All alone'-

Robert Tibbo, Pushpakumara's lawyer in Canada, said his client has a pending application with Canadian immigration.

"The difficulty here is that Ajith is all alone right now and he's questioning why his case is taking so long," he told AFP.

Tibbo himself left Hong Kong in 2017, saying he feared for his safety after representing the Snowden refugees in the Chinese business hub.

Snowden revealed thousands of classified documents exposing vast US surveillance put in place after the September 11, 2001 attacks.

He ended up stranded in Hong Kong as media published his findings, initially in a hotel, surrounded by journalists from around the globe.

The group of refugees agreed to shelter him for about two weeks until he could fly to Russia, where he now lives.

Their role in the saga was only revealed in a 2016 Oliver Stone film about Snowden, which left them in "constant fear and worry" in Hong Kong, said For the Refugees.

It also highlighted the plight of refugees in Hong Kong, which has one of the lowest asylum approval rates in the world.

Only around one percent of claims are granted and the tiny fraction of claimants that are approved must get ultimate sanctuary in a third country.

While cases drag on for years, asylum applicants are not allowed to work and receive a stipend of just HK$3,000 ($385) a month in what is one of the world's least affordable cities.

2021 AFP

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Section 215 Expired: Year in Review 2020 – EFF

On March 15, 2020, Section 215 of the PATRIOT Acta surveillance lawwith a rich history of government overreach and abuseexpired due to its sunset clause. Along with two other PATRIOT Act provisions, Section 215 lapsed after lawmakers failed to reach an agreement on a broader set of reforms to the Foreign Intelligence Surveillance Act (FISA).

In the week before the law expired, the House of Representatives passed theUSA FREEDOM Reauthorization Act, without committee markup or floor amendments, which would have extended Section 215 for three more years, along with some modest reforms.

As any cartoon viewer knows, in order for any bill tobecome law, the House and Senate must pass an identical bill, and the President must sign it. That didnt happen with the USA FREEDOM Reauthorization Act. Knowing that Houses bill would fail in the Senate, Senate Majority Leader Mitch McConnell brought a bill to the floor that would extend all the expiring provisions for another 77 days, without any reforms at all. Senator McConnell's extension passed the Senate without debate.

But the House of Representatives left town without passing Senator McConnells bill. That meant that Section 215 of the USA PATRIOT Act, along with the so-called lone wolf and the roving wiretap provisions expired. Section 215 is best known as the law the intelligence community relied on to conduct mass surveillance of Americans telephone records, a program held to be likely illegal by two federal courts of appeals. It has other, largely secret uses as well.

Although Section 215 and the two other provisions have expired, that doesnt mean theyre gone forever. For example, in 2015, during the debate over the USA FREEDOM Act, these same provisions were also allowed to expire for a short period of time, and then Congress reauthorized them for another four years. While transparency is still lacking in how these programs operate, the intelligence community did not report a disruption in any of these critical programs at that time. If Congress chooses to reauthorize these programs early in the new Congress, this lapse in 2020 may not have much of an overall impact.

In addition, theNew York Timesand others have noted that Section 215s expiration clause contains an exception permitting the intelligence community to use the law for investigations that were ongoing at the time of expiration or to investigate offenses or potential offenses that occurred before the sunset. Broad reliance on this exception would subvert Congresss will when it repeatedly included sunset provisions to cause Section 215 to expire, and the Foreign Intelligence Surveillance Court should carefullyand publiclycircumscribe any attempt to rely on it.

EFF has repeatedly argued that if Congress cant agree on real reforms to these problematic laws, they should beallowed to expire and stay that way. While we are pleased thatCongress didn't mechanically reauthorize Section 215, it is only one of a number of largely overlapping surveillance authorities. And with a new Congress and a new Administration, the House and the Senate should take this unique opportunity to learn more about these provisions and create additional oversight into the surveillance programs that rely on them. The expired provisions should remain expired until Congress enacts the additional, meaningful reforms weve been seeking.

To be clear, even the permanent loss of the current version of the law will still leave the governmentwith a range of toolsthat are still incredibly powerful. These include other provisions of FISA as well as surveillance authorities used in criminal investigations, many of which can include gag orders to protect sensitive information.

But allowing Section 215 and the other provisions to expire in 2020 means that Congress has the opportunity to discuss whether these authorities are actually needed, without the pressure of a ticking clock.

You can read more about what EFF is calling for when it comes toreining in NSA spying,reforming FISA, and restoring Americans privacyhere.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2020.

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Section 215 Expired: Year in Review 2020 - EFF

America’s Nihilism blues | The Retriever – The Retriever

With the latest election cycle, the nation faced a lot of anxiety, a lot of hope and, perhaps least surprisingly, a lot of cynicism. In the wake of the 2016 election, as well as its preceding four years, there was an abundance of ill will directed both towards the electoral college, the White House and, more generally, the U.S. Government. Distrust was the name of the game for the Trump administration as far as left-leaning Americans were concerned, and this theme followed the nation right up until our present election.

Strangely enough, however, this distrust has recently translated from the left to the right in what has been perhaps the most ironic development of this current election cycle. Where in 2016, bereaved Clinton voters demanded both recounts and electoral dismantling galore, the same battle cries were heard from the Trump camp with even the president himself demanding via Twitter to STOP THE COUNT.

There is no denying that the past half-decade has brought out a great amount of distrust in the American people, both Democrats and Republicans alike. Clinton was, to the right, the very manifestation of the white-collar career politician which is so deplored by so many, and the drain the swamp slogan only capitalized on this governmental mistrust. Meanwhile, the Comey-Trump-Putin controversy, the impeachment of Trump, and the presence of Russia in the 2016 election cast a shadow over the Trump presidency which arguably colored the views of an entire generation. Yet this pessimism in higher powers is nothing new. In fact, a century beforehand, Friedrich Nietzsche was writing all about the consequences of losing faith both individually and institutionally.

In his seminal (and final) work The Will to Power, Nietzsche warned his audience of a growing belief within European society that he described as a vast generalization, the conclusion that there is no purpose in anything, a school of thought which he dubbed Nihilism or the disbelief in any and all values. Nihilism is, by its very nature, an antithesis to any and all schools of thought as its only belief is in the fundamental disbelief in all things. As Nietzsche explains it, all belief holds that something is true, and all forms of nihilism must necessarily reject any and all truths. As a result, a Nihilist thinker rejects all forms of philosophical code, save that there are no codes.

Nihilism, according to The Will To Power, is a natural evolution of Pessimism which, according to Nietzche, was the natural European response to the inescapable moralizing power of Christianity. Placing an importance both on moral truths and on religious unknowns led to a deeper tension between belief and disbelief, truth and falsehood, reality and fiction, until suddenly the whole question of belief seemed entirely meaningless. This whole debate leads to what Nietzsche calls exhaustion which alters the aspect and value of things. One who is exhausted is only able to belittle and disfigure the things that they see, finding no good values in anything.

In 1883, Europe had not even seen the worst of what the 20th century would have to offer. Yet after a global economic depression, a Spanish Flu pandemic, and two world wars the latter of which saw one of the most widespread and brutally inhumane campaigns in recent history Nietzsche and his clairvoyant treatise on Nihilism only became more and more relevant. Now, however, we see Nietzsche and his work come to fruition, not in Europe, but in the United States of America.

If European Nihilism erupted from the roots of Christianity, American Nihilism almost certainly arises from a similar faith in the government. As a country founded on the premise of life, liberty and the pursuit of happiness, the United States is a philosophical ideal of personal freedoms through government structures. Yet constantly, the government disproves this premise. From Watergate to Vietnam to the NSA spying on American citizens, the people of America are shown time and time again that their faith in the government is misplaced.

Distrust in human institutions has been a constant throughout human history. Both libertarianism and socialism find common ground in their mutual distrust of some kind of elite class. Yet the very basis of American democracy rests upon the grounds that the government works for the people. Indeed, the very nature of Bipartisanship helps to engender this distrust as citizens are consistently pitted against different versions of the same government a conservative White House or a liberal White House. Nietzsche might say that if the American people are not outright Nihilists, they approach the label closer and closer with every election.

It is rather easy when discussing these topics to get bogged down in the philosophical weeds, and an important part to consider in all of this is the fundamental day-to-day examples of societal failure that Americans have to come to terms with. A perfect example of the causes and effects of American Pessimism is the opioid crisis which has been ravaging America since at least the 90s. The causes lack of regulation on big Pharma, loss of blue-collar jobs, the economic recession of 08 are certainly important to consider, but what is most important is the effects that these things have on the average American. A quick Google search tells that from 1999 to 2018, 232,000 Americans died from an opioid overdosage. Taking into account both living addicts and families of addicts, it is easy to see through stats alone how opioids have ravaged America.

Yet one does not need statistics to see the impacts of the opioid epidemic nor any of the other issues America faces. Anybody living in rural America can see firsthand the impacts of opioid addiction on communities. The sight of panhandlers on the highway has become all too common, and the homeless tent cities that litter L.A. are similarly abundant. To the average American, these issues are quite visible, and the inescapability of it all contributes to a larger sense of pessimism throughout the country. Worse still, when so many problems within the nation remain unanswered through election after election, the question of values and faith becomes even more difficult to answer. If the government says it can fix the problems but the problems remain, why hold any faith in it at all?

In all this, Nietzsche is inexorably bound up. A seer for the modern anxious American, Nietzsche foresaw Trump and his strategic utilization of nostalgia Americana. According to Nietzsche, a nation faced with Nihilism is a nation that will recede, marred by all kinds of groping measures devised to preserve old institutions. It takes little mental gymnastics to connect this to the Make America Great Again slogan. In the context of Nietzsche, this American nostalgia is not just a desire for simplicity, but a desire to recede, to forget the doubts which now so plague America.

Similarly, Nietzsche foresaw the depressive effect which would become so dominant in a Nihilistic society and in the youths who must bear the burden of being born into said society: My friends, we had a hard time as youths; we even suffered from youth itself as though it were a serious disease. This is owing to the age in which we were born an age of enormous internal decay and disintegration which, with all its weakness and even with the best of its strength, is opposed to the spirit of youth. Indeed, born into a country fighting between tradition and progression, it is difficult for many young people to keep optimistic about it all.

Yet for all this gloom, there is a diamond hiding in the rough. Nietzsche himself declares that not all forms of Nihilism are inherently bad. In fact, he distinguishes between two types: active and passive. Whereas passive Nihilism is the willful and weary resignation to fate, active Nihilism is a powerful and destructive force, a radical disbelief in all forms of structure and a force of good: It may be a sign of strength; spiritual vigour may have increased to such an extent that the goals toward which man has marched hitherto (the convictions, articles of faith) are no longer suited to it.

This may all seem a bit abstract, but it is illustrated in all the many ways the youths of today have risen against the forces and structures which they deem unworthy of holding up. Grass-roots campaigns, marches against Washington, the abolishment of the electoral college, you name it for every structure within the American government, there are at least a sizable number of people fighting against it. Nietzche was something of a grouch himself, but if he saw the spirit of revolution today, who knows? He might be proud.

American faith is a rather difficult subject to write on due simply to the sheer scope of the American vision. The United States is home to a wide swathe of people, many of whom do not seem to agree on anything. The American experiment is, first and foremost, an experiment for its people, and when the people feel let down, their voices will always be heard. The American people might never be totally satisfied with their country. Yet if anything may be learned from Nietzsche, it is that this dissatisfaction should not be ignored or shrugged off, but embraced. If Nietzche was correct, then perhaps Nihilism at the doorstep of America is less a fear than it is the next step in the American experiment.

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America's Nihilism blues | The Retriever - The Retriever