“A Misleading Media Picture”: Why The National Security Agency’s PRISM Program Is Nothing To Fear
It has been revealed that the National Security Agency has been employing PRISM, a $20-million-per-year program that monitors the movement of individuals through digital data, for roughly six years. PRISM has gained access to private information and online correspondence through nine technology companies here in the U.S. The USA PATRIOT Act and the Protect America Act of 2007 (PAA) opened the door for this surveillance program to take shape.
President Obama and the NSA have been criticized for a lack of transparency and the program’s assumed targeting of American citizens. The president said during a press conference on Friday that PRISM does not target American citizens or those living in the U.S., stating, “Nobody is listening to your telephone calls” and “They are not looking at people’s names and they are not looking at content.” The surveillance program was structured to exclusively monitor correspondence between foreign individuals—solely the lines of communication between these individuals that pass through the U.S.
PRISM may not be the top-secret program of government overreach that many are trying to portray it as. The program is lawful (as long as American citizens and individuals in the U.S. are not monitored) under PAA, and for six years the entire program was fully recognized by Congress and the Foreign Intelligence Surveillance Court. The NSA still must have a reasonable cause for intercepting communications, appeal to a federal court and gain permission to monitor any correspondence—all of which include Congressional oversight.
The NSA recently declassified a slideshow that outlines PRISM on a very basic level. This is what is currently known about the surveillance program: There were a total of nine technology companies included in PRISM—Microsoft in September, 2007, Yahoo in March, 2008, Google, Facebook, and PalTalk in 2009, YouTube in September, 2010, Skype and AOL in early 2011, and Apple in October of 2012.
While officials from AOL, PalTalk, Facebook, Yahoo, and Apple have all denied any knowledge of PRISM or working with the U.S. government on such a program, the NSA would still be within legal parameters if they monitored any data from these companies with a court order.
According to the PRISM slideshow, the types of materials they seek are email, video and voice chat, videos, photos, stored data, VoIP (phone calls made over the internet), file transfers, video conferencing, log-ins, time stamps, and any information provided on social networking sites.
The NSA slideshow makes three points defining the necessity of such a program: “Much of the world’s communications flow through the U.S.,” “A target’s phone call, email or chat will take the cheapest path, not the physically most direct path—you can’t always predict the path,” and “Your target’s communications could easily be flowing into and through the U.S.”
Basically, what we’ve learned about the NSA and PRISM is nothing new. Senator Saxby Chambliss (R-GA) said of PRISM, “Every member of the United States Senate has been advised of this, and to my knowledge we have not had any citizen who has registered a complaint relative to the gathering of this information.” In other words, these actions have been lawfully taking place for six years and were approved by Congress with the effortless passages of the PATRIOT Act in 2001 and the Protect America Act in 2007.
The picture that is being painted of PRISM—a secretive surveillance program that unlawfully delves into the average American’s private life—is misleading. PRISM, if carried out properly, is only used to monitor suspicious patterns of communications abroad. If individuals choose to use means of communication that are based here in the U.S., the U.S. government, with the proper court approval, is entirely within its rights to seek out information it deems necessary for national security purpose—as long as Congress continues to authorize the laws that allow such programs.
By: Allison Brito, The National Memo, June 7, 2013
“Paranoid Concerns”: Making A Mountain Out Of A Digital Molehill
The revelations this week that the federal government has been scooping up records of telephone calls inside the United States for seven years, and secretly collecting information from Internet companies on foreigners overseas for nearly six years, have elicited predictable outrage from liberals and civil libertarians.
Is the United States no better than those governed by repressive dictators who have no regard for individual rights? Could President Obama credibly raise human rights issues with his Chinese counterpart, Xi Jinping, at a summit meeting on Friday, if America is running its own vast surveillance state? Has Mr. Obama, for all his talk of ending the “war on terror,” taken data mining to new levels unimagined by his predecessor, George W. Bush?
Hold it just a minute.
From what has been made public, we know that the F.B.I., under the Obama administration, used its powers under the Patriot Act to seek these records; that judges with the Foreign Intelligence Surveillance Court approved these searches; and that members of Congress with oversight powers over the intelligence community were briefed about the searches. Some of them, like Senators Mark Udall, Democrat of Colorado, and Ron Wyden, Democrat of Oregon, were uncomfortable with the scope of the data gathering and made their disapproval public, even though secrecy rules prohibited them from being more specific about their concerns, until now.
It is evident, then, that all three branches of government were involved in the records search afoot at the telecommunications carriers and Internet companies. Section 215 of the Patriot Act, which Congress passed after 9/11, governed the executive branch’s search authority. Oversight committees were kept in the loop, as Senator Dianne Feinstein, the California Democrat who leads the Senate Intelligence Committee, has confirmed. And the authorizations were approved by life-tenured federal judges who are sworn to uphold the Constitution, including the Fourth Amendment, which prohibits unreasonable searches and seizures. On the surface, our system of checks and balances seems to be working.
We cannot rule out the possibility that the voluminous records obtained by the government might, some day, be illegally misused. But there is no evidence so far that that has occurred.
First, no contents of phone conversations are being provided to the government. Indeed, the Patriot Act precludes provision of call contents.
Second, the two senators who complained in public, Mr. Wyden and Mr. Udall, apparently were in a minority on the committee. Otherwise, the bipartisan committee could have held hearings, either in closed or open session, to seek further details and prepare legislation to limit the F.B.I.’s data-gathering powers.
Third, unlike you and me, federal judges on the surveillance court, established in 1978, reviewed the government’s request for information and the reasons provided to support the request. We do know that the search requests have required periodic renewal. And we know that, for reasons the judges thought sufficient, the contents of the order were sealed, with special mention that it was not to be available to foreign entities. Judge Roger Vinson, who signed the July order extending the requirement that Verizon furnish phone logs, struck a balance: he put a time limit on the data-gathering, to ensure executive accountability, but also issued a secrecy order, to protect national security.
But shouldn’t I be concerned that F.B.I. agents are trampling my rights, just like the I.R.S. might have trampled the rights of certain organizations seeking tax-exempt status? As it turns out, the answer is no. The raw “metadata” requested will not be directly seen by any F.B.I. agent.
Rather, a computer will sort through the millions of calls and isolate a very small number for further scrutiny. Perhaps one of the numbers was called by one of the Tsarnaev brothers before the Boston Marathon bombings. Or perhaps a call was placed by a Verizon customer to a known operative of Al Qaeda. The Supreme Court long ago authorized law enforcement agencies to obtain call logs — albeit on paper rather than from a computer database — without full probable cause to believe a crime had been committed.
To listen to the contents of any particular call or to place a wiretap on a particular phone, the F.B.I. would have to go back to a judge for a more detailed order, this time showing probable cause sufficient to meet stringent Fourth Amendment standards. Otherwise, the evidence from the call could not be used to prosecute the caller or call recipient. Privacy rights, in short, have been minimally intruded upon for national security protections.
Finally, let’s consider the alternative some activist groups and media organizations seek: more narrowly tailored gathering of records, and full transparency after the fact about what kinds of records have been obtained. There are obvious problems with this approach. Let’s say the judicial order leaked to The Guardian this week had specified the phone numbers about which the F.B.I. had concerns. Releasing those numbers would surely have tipped off the people using those numbers, or their associates, and caused them to change their mode of communicating. Already, there is a real probability that individuals planning terrorist activities are using channels of communication that will not show up in the databases of service providers. If the order revealed more expansively the standards the F.B.I. used to seek broad sets of records, again those seeking to avoid detection for terrorism-related activities could simply change their methods of doing business.
In short, I think I will take my chances and trust the three branches of government involved in the Verizon request to look out for my interest. Privacy advocates, civil libertarians, small-government activists and liberal media organizations are, of course, are welcome to continue working to keep them honest. But I will move back to my daily activities, free from paranoid concerns that my government is spying on me.
By: Charles Shanor, Op-Ed Contributor, The New York Times, June 7, 2013
Osama bin Laden Vanquished: Can We Have Our Country Back Now?
Eight years to the day after President Bush stood before a banner announcing “Mission Accomplished” in Iraq, prematurely declaring the end of combat operations there, President Obama announced Sunday night that an operation he authorized had killed al-Qaida leader Osama bin Laden. The spoiled son of privilege, who thought it his birthright to dispatch thousands of innocents to their death for the crime of not sharing his twisted vision of Islam, is dead.
After more than 7,000 American deaths and tens of thousands of casualties in wars in Iraq and Afghanistan, the move against bin Laden seems to have been accomplished by a small group of American military special forces. It is too early to say what role the massive American military operations in the region played; we’ll be asking that question for a long time.
We’ll be asking a lot of questions: Are we safer? Or, at least in the short term, does bin Laden’s killing make retaliation more likely? We’re set to draw down forces in Afghanistan soon: Will that happen; will it happen more quickly; or will there be a local backlash that keeps us there longer?
It’s my job to think about all those consequences of this stunning news, which came near midnight Eastern time on a Sunday night. I also couldn’t help noticing it came roughly 24 hours after the president had dispatched his bizarro-world enemy, Donald Trump, another spoiled son of privilege, coincidentally. How strange was that? The contrast between the general idiocy of 24/7 American politics, and what’s really at stake in all of Obama’s decisions, had never been so stark.
For his part, the president used the event to reinforce his view of America and its place in the world. He began with the personal, talking about the way “the images of 9/11 are seared into our national memory,” while noting “the worst images are those that were unseen by the world, the empty seat at the dinner table … 3,000 citizens taken from us, leaving a gaping hole in our hearts.” He reaffirmed what he noted was also President Bush’s stance: “The United States is not, and never will be, at war with Islam: bin Laden was not a Muslim leader; he was a mass murderer of Muslims.” He urged Americans to “think back to the sense of unity that prevailed on September 11. We reaffirmed our ties to each other, and our love of community and country. No matter what God we prayed to, or what race or ethnicity we were, we were united as one American family.” And he closed with a rededication to his version of American exceptionalism: “We can do these things not just because of wealth and power, but because of who we are: One nation, under God, indivisible, with liberty and justice for all.”
After Obama’s remarks, pundits were quick to score his achievement politically. NBC’s Chuck Todd called it “the most significant accomplishment for the president in this term.” And it may be. A crowd assembled, chanting and singing, outside the White House. There was a spontaneous gathering on Sixth Avenue in New York; up in the Bronx, students at Fordham University clustered in the main campus green to celebrate the news and remember those who died. For the families of victims, it’s a long wait for closure; I can’t presume to know how anyone who lost a loved one on 9/11 feels about bin Laden’s killing. I hope it helps.
After years of Catholic school, I am constitutionally unable to feel joyous about anyone being killed, but I got close tonight with bin Laden. He killed thousands of innocent people — and again, it was that incomparable American tableau: Muslims, Jews, Catholics; waiters, firefighters, investment bankers; gays and straights; mothers and fathers of every race. For months, reading the New York Times “Portraits of Grief” felt like a responsibility of American citizenship; every day you’d find someone almost exactly like you, but also as different from you as possible — except they also loved Bruce Springsteen (a lot of them did) or had a child your age or were born on your father’s birthday. We saw the beauty and bravery and diversity of America in that tragedy, and I wish it didn’t take a tragedy for us to do so.
I also wish this achievement could mean we get our country back, the one before the Patriot Act, before FISA, before rendition and torture and Guantánamo; before we began giving up the freedom and belief in due process that makes us Americans, out of our fear of totalitarians like bin Laden. It won’t happen overnight, but I’m going to choose to think this could be a first step.
It’s not a night for political gloating: President Bush issued this gracious (I guess) statement, which Laura Bush, kind of bizarrely, or maybe not, posted on Facebook:
Earlier this evening, President Obama called to inform me that American forces killed Osama bin Laden, the leader of the al Qaeda network that attacked America on September 11, 2001. I congratulated him and the men and women of our military and intelligence communities who devoted their lives to this mission. They have our everlasting gratitude. This momentous achievement marks a victory for America, for people who seek peace around the world, and for all those who lost loved ones on September 11, 2001. The fight against terror goes on, but tonight America has sent an unmistakable message: No matter how long it takes, justice will be done.
A victory “for those who seek peace around the world.” Hmmm. I hope so. I’m going to take the former president at his word, and pray that’s our direction from here.
By: Joan Walsh, Editor at Large, Salon, May 1, 2011
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