Tag: Tempora

British spies allowed warrantless access to US data

Newly released documents from the British government reveal a lack of judicial oversight for how it sifts through communications data collected by the NSA and other foreign governments

British authorities are capable of tapping into bulk communications data collected by other countries’ intelligence services—including the National Security Agency—without a warrant, according to secret government documents released Tuesday.

The agreement between the NSA and Britain’s spy agency, known as Government Communications Headquarters or GCHQ, potentially puts the Internet and phone data of Americans in the hands of another country without legal oversight when obtaining a warrant is “not technically feasible.”

The data, once obtained, can be kept for up to two years, according to internal policies disclosed by the British government. GCHQ was forced to reveal that it can request and receive vast quantities of raw, unanalyzed data collected from foreign governments it partners with during legal proceedings in a closed court hearing in a case brought by various international human-rights organizations, including Privacy International, Liberty U.K., and Amnesty International. The suit challenges certain aspects of GCHQ’s surveillance practices.

It is well known that the NSA and GCHQ closely share intelligence data with one another, as part of a long-standing surveillance partnership. Some details of the agencies’ spy pact were exposed by former NSA contractor Edward Snowden last year, including the existence of GCHQ’s Tempora program, which taps into fiber-optic cables to scoop up online and telephone traffic across the Web for up to 30 days.

But this is the first time the British government has disclosed that it does not require a warrant to access data collected and maintained by its American counterparts. The revelation appears to counter statements made by an oversight committee of the British Parliament in July of last year that “in each case where GCHQ sought information from the U.S., a warrant for interception, signed by a minister, was already in place.”

Source: National Journal

Snowden: Fresh allegations against the British, Germans

snowden2For weeks now, officials at intelligence services around the world have been in suspense as one leak after another from whistleblower Edward Snowden has been published. Be it America’s National Security Agency, Britain’s GCHQ or systems like Prism or Tempora, he has been leaking scandalous information about international spying agencies. In an interview published by SPIEGEL in its latest issue, Snowden provides additional details, describing the closeness between the US and German intelligence services as well as Britain’s acquisitiveness when it comes to collecting data.

In Germany, reports of the United States’ vast espionage activities have surprised and upset many, including politicians. But Snowden isn’t buying the innocence of leading German politicians and government figures, who say that they were entirely unaware of the spying programs. On the contrary, the NSA people are “in bed together with the Germans,” the whistleblower told American cryptography expert Jacob Appelbaum and documentary filmmaker Laura Poitras in an interview conducted with the help of encrypted emails shortly before Snowden became a globally recognized name.

Snowden describes the intelligence services partnerships in detail. The NSA even has a special department for such cooperation, the Foreign Affairs Directorate, he says. He also exposes a noteworthy detail about how government decision-makers are protected by these programs. The partnerships are organized in a way so that authorities in other countries can “insulate their political leaders from the backlash” in the event it becomes public “how grievously they’re violating global privacy,” the former NSA employee says.

SPIEGEL reporting also indicates that cooperation between the NSA and Germany’s foreign intelligence service, the BND, is more intensive than previously known. The NSA, for example, provides “analysis tools” for the BND to monitor signals from foreign data streams that travel through Germany. Among the BND’s focuses are the Middle East route through which data packets from crisis regions travel.

BND head Gerhard Schindler confirmed the partnership during a recent meeting with members of the German parliament’s control committee for intelligence issues.

But it’s not just the BND’s activities that are the focus of the interview with Snowden.

The 30-year-old also provides new details about Britain’s Government Communications Headquarters (GCHQ). He says that Britain’s Tempora system is the signal intelligence community’s first “full-take Internet buffer,” meaning that it saves all of the data passing through the country.

The scope of this “full take” system is vast. According to Snowden and Britain’s Guardian newspaper, Tempora stores communications data for up to 30 days and saves all content for up to three days in a so-called Internet buffer. “It snarfs everything in a rolling buffer to allow retroactive investigation without missing a single bit,” Snowden says.

Asked if it is possible to get around this total surveillance of all Internet communication, he says: “As a general rule, so long as you have any choice at all, you should never route through or peer with the UK under any circumstances.”

In other words, Snowden says, one can only prevent GCHQ from accessing their data if they do not send any information through British Internet lines or servers. However, German Internet experts believe this would be almost impossible in practice.

The attempt to conduct total data retention is noteworthy because most of the leaks so far in the spying scandal have pertained to so-called metadata. In the interview, Snowden reiterates just how important metadata — which can include telephone numbers, IP addresses and connection times, for example — really are. “In most cases, content isn’t as valuable as metadata,” Snowden says.

Those in possession of metadata can determine who has communicated with whom. And using the metadata, they can determine which data sets and communications content they would like to take a closer look at. “The metadata tells you what out of their data stream you actually want,” Snowden says.

It is becoming increasingly clear to recognize the way in which surveillance programs from the NSA and GCHQ — including Prism, Tempora and Boundless Informant — cooperate. The metadata provides analysts with tips on which communications and content might be interesting. Then, Snowden says, with the touch of a button they can then retrieve or permanently collect the full content of communications that have already been stored for a specific person or group, or they can collect future communications. But a person can also be “selected for targeting based on, for example, your Facebook or webmail content.” – Der Spiegel

Global surveillance: Where is the outrage?

temporaThe British-American surveillance program Tempora marks a historic turning point. Unnoticed by the public, intelligence agencies have pursued total surveillance. Governments have deliberately concealed from the public the extent to which we are being watched.

The term, “information superhighway” has always been insufficient to describe the Internet. In reality, the Web is a global communication space containing the private information of a large part of the population of every developed country. If someone were able to train an all-seeing eye onto the Internet, the blackmail potential would be almost limitless.

It is precisely this all-seeing eye that the British intelligence agency Government Communications Headquarters (GCHQ) and the American National Security Agency (NSA) have developed under the name Tempora. An appropriate real-world metaphor for the program might be something like this: In every room of every house and every apartment, cameras and microphones are installed, every letter is opened and copied, every telephone tapped. Everything that happens is recorded and can be accessed as needed.

It sounds preposterous, but it is frighteningly close to the reality that was unveiled by the Guardian on Friday. Together, the GCHQ and NSA monitor Internet traffic by tapping directly into the data stream sent through fiber-optic cables. They are able to copy and cache this data, to be sifted through later as needed.

Those behind this disgraceful program have not even bothered to deny what they are up to. The British spy agency has said it will not be commenting on the program — but said that whatever they do is in the service of the fight against terrorism and subject to strict legal controls. The NSA has been making this same argument since the Prism program was unveiled earlier this month. What we’re doing, they say, is for a good cause. It’s all regulated, and we’re only looking at the information collected when we deem it necessary.

But that’s all just pretence.

Would the public agree to the total video surveillance of their private living space because it could possibly also help in the pursuit of terrorists? Would we be satisfied with the fact that we would only be observed if some unnamed intelligence analyst considered it necessary? Of course not. A government proposing such a program would be forced out of office — and rightly so.

Where is the Outrage?

It therefore seems odd that the reactions in the Anglo-Saxon world have been so restrained. Sure, the Guardian, as well as the Washington Post, have reported in detail about the programs. Yet in the political sphere, it was mainly a few German politicians voicing their outrage.

And for good reason. The fact that the Americans and the British — it is yet to be revealed who else participated — have granted themselves this enormous power, without ever informing their own people, is a scandal of historic proportions. To the initiated, all the recent public debate about data retention, Internet privacy and the practices of Facebook and Google must have been downright amusing. The state, as it turns out, knew everything all along.

That was precisely the goal, according to the head of the NSA, Lieutenant General Keith Alexander. “Why can’t we collect all the signals all the time?” he asked in an internal document acquired by the Guardian. “Sounds like a good summer project for Menwith,” he continued, referring to a GCHQ/NSA facility at Menwith Hill in northern England.

Voters Must Defend Themselves

A different quote shows that intelligence personnel lied to the public following the first revelations of the existence of the program. European Justice Commissioner Viviane Reding said that, in meetings with US officials, she had been assured that data from Europeans had not been collected “in bulk.” The surveillance of Europeans, they insisted to Reding, had been targeted and only undertaken in exceptional cases. That now appears to be untrue — it’s just that the mass acquisition of data in Europe is taken care of by GCHQ, rather than by the NSA.

The public revelation of these activities in the Guardian, thanks to the risky actions of former NSA worker Edward Snowden, marks a turning point. The next weeks and months will show whether democratic societies across the world are strong enough to take a stand against the unlimited, totalitarian ambitions of Western secret services — or not.

The governments of the countries in question apparently did not have the necessary backbone. They knew full well that the kind of surveillance being undertaken lacked all democratic legitimacy. But they pursued the programs anyway, behind the backs of their electorates.

It is now up to voters to defend themselves. It is up to us, whose data has landed as by-catch in the nets of Tempora. We must force our own representatives to defend our freedoms. – Der Spiegel