We saw glimpses of the beginnings of a Police State mentality shortly after the National Security Act of 1947 was passed, forming the CIA, National Security Council (NSC) & re-organizing & coordinating the Military with Civilian Depts ( though the military still functions separately), including, with all of the Intelligence Community; & with a focus on National Security. Though the CIA allegedly operates outside the US, the initial focus of the National Security Act of 1947 was within the US.
In 1947, the attitude of the Public still maintained a determination that Citizen Privacy was of utmost importance. The belief prevailed that one should only Spy, or Surveille, in foreign Countries during wartime, & certainly not on US Citizens. Rarely do we hear the kind of dialogue today which must have echoed through the Halls of Congress when the National Security Act was passed.
My objective in this exploration is concerned with how Social Engineering is enforced by the National Security Agency; & is to make inquiry, & to explore by comparing & contrasting the activities of this Agency as it currently operates & past activity, as well as within public perception. The NSA is so secret that even it’s own employees either don’t know much about it, or won’t say. For this reason my research has been “open-sourced”. I am inquiring into the operation of a Police State & must view it from that perspective or wear blinders to what all citizens currently experience on a daily basis. I ask these questions as a Citizen Researcher & Historian. Hopefully, I may find resolution in this exploration; & it is up to the reader to attempt to find their own resolution, or at least answers. Much depends on the questions we ask ourselves; Are NSA Operations truly Legal? The NSA as supported by Government says they are Legal. What, however, is the Criteria for Legality? In this country it is supposed to be the Constitution of the United States, the Supreme Law of the land. What happened to the distinctions made in the past between Citizen Privacy & Security? When, if it changed, did it change? When did, shall we say, surveillance go wrong? And finally, what can we do about it?
“The Bill Of Rights And Other Amendments to the Constitution
Amendment I: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the rights of the people peaceably to assemble, & so petition the Government for a redress of grievances.”
*I mention this Article because of the chilling effect which mass surveillance of Citizen MetaData has on everyday citizens, as well as the press. So, though no overt law has been passed to abridge our speech & since we ‘can say anything’, most people will not, when we know Big Brother is listening, even though we may have zero plans to attempt wrongdoing!
“Amendment IV: The right of the people to be secure in their persons, houses, papers, & effects, against unreasonable searches & seizures, shall not be violated, & no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, & particularly describing the place to be searched, & the persons or things to be seized.”
The battle over Encryption of Citizen’s Personal Computers & Citizen’s Privacy was catalyzed in the battle Mr. Phil Zimmermann faced after inventing & releasing onto the Internet his “Pretty Good Privacy” Encryption. I wrote about the 3 year FBI Investigation Mr. Zimmermann endured in a previous column. This Investigation was, I think, instigated by NSA because they felt & still do, entitled to surveillance & spy on US Citizens; revealing it’s determination to Control & Enforce it’s Agenda, while requiring control of those surveilled. Clearly, Mr Zimmermann was a threat to this Agenda, but after 3 years the FBI had to drop a case going nowhere & were concerned about actually promoting public usage of this Encryption through publicity. “National Security”, was cited as a realistic justification for Citizen’s Privacy to be taken away, by Law, by a Government & it’s Agencies which may, or may not, “…Act according to the Common Good” or Constitutionally.
As the NSA diverged more & more from its original functions of Cryptology & into Cyber Information Assurances, the computers necessitated a need for Encryption Systems for business & public usage. The Data Encryption Standards, adopted November 23, 1976, even today remains the main Standard for Encryption. The NSA opposed it as well. The battle for the Privacy of US Citizen’s Communication raged on for years, still rages, in fact.
After 9/11 the Gateway to Organized Surveillance & Overt Spying was flung wide open; & politicized. All this, while increasing intrusion into Citizen’s lives & enforcing control of them through laws advocating more security for the state. Oh yes, this would be for our “own good & benefit” from a Government which “keeps our own best interests in mind”. This was a blatant divergence from the original mission & used new methodologies of control. This is, ultimately, Social Engineering.
The new NSA Mission is stated on record on their website as follows: ” NSA Mission Statement: The National Security Agency/Central Security Service (NSA/CSS) leads the US Government in Cryptology that encompasses both Signals Intelligence (SIGINT) & Information Assurance (now referred to as Cyber Security Products & Services) & enables Computer Network Operations (CNO) in order to gain a decisive advantage for the Nation & our Allies under all circumstances. ” *Note: Cyber Security Networks now involve Civilian Agencies not under the jurisdiction of FOIA laws & so, can avoid them & avoid accountability. The NSA receives cooperation without accountability by involving Agencies willing to contract out to the NSA & to exploit the benefits in a climate of Cyberwar & Espionage. Foreign Governments such as the 5 Eyes Program, between the 5 Countries (but in reality more than 5), the US, Great Britain, Australia, Italy, & Canada encourages large-scale & complicated Political Espionage; not only by our Government but also against it & against US Citizenry by what can be considered as a Shadow Government operating Globally, as in a large coalition! Which Countries Agencies may have gone rogue at any one time would be hard to determine; a dangerous & vulnerable situation. Though the NSA would likely not state it on record, the new network the NSA now operates within may not be to the benefit or advantage of US Citizenry.
The NSA Webpage goes on to say in its ‘Core Values Statement:’ in “Respect for the Law: Everything we undertake in our Mission is grounded in our adherence to the US Constitution & compliance with the US Laws, Regulations & Policies that govern our activities.” The problem however is that currently we have so many & ever-changing Laws to justify the actions of the NSA so that we cannot account for NSA Legality. I merely discuss this issue because by contrasting & comparing I see a great change & a divergence from the manner which the old NSA conducted operations. The NSA’ Legacy will be so much different than the Old NSA. The current NSA has diverged from what I consider to be the extreme end of reasonability, & far away from the US Constitution! We must remember that our Constitution grants We the People the ability to consent whether to allow those who govern us this power. This applies to all Agencies under the Executive Branch (such as XYZ Intelligence Agencies) because we have a Conduit through the President of the US to these Agencies. The Executive Branch must hold these Intelligence Agencies accountable to the Supreme Law of the Land, The US Constitution.
The Patriot Act of 2001, passed during President Bush’s Administration & was supposed to be a Counter Intelligence Program to help in the ‘War On Terror’ after 9/11. It became more, however, when the NSA turned it against its own citizenry in a war which by its own definition has no defined borders, or end plan. It has been an ongoing war. The USA Freedom Act might as well be part of the Patriot Act & is now US Law. The USA Freedom Act Section 215 empowers the secret FISA Court to access the veracity of NSA procedures, reliability, & compensation. The NSA is also given a ‘roving authority’, since its involved in Intelligence Collecting. The FISA Authority under FISA 201 & 206 (called a Lone Wolf Program) & Section 205 of the USA Freedom Act allows for the collection of all Meta Data, including from multiple phones & devices, in massive Data Mining of all Citizens domestically & in foreign countries. Countries outside of the US collaborate regularly with the US in NSA Surveillance of US Citizenry, & their own. The 5 Eyes Connection (US, Great Britain, Australia, Italy & Canada & actually more) works very well toward Data Sharing & Mining of the vast ‘Area’ surveilled.
There was a House Hearing about whether or not to renew Section 215 of the USA Freedom Act because it’s Sunset Date was December 15, 2019. It was moved up by the House until March 2020, & so, continues.
The Program has been heavily debated as problematic & dysfunctional, as well as for the ‘silencing effect’ it creates for an increasingly anxious US Citizenry. Out of millions of Meta Data collected by the NSA, very little was found relevant. It’s a case of operation overload, & the NSA knows this, yet still collects Call Detail Records, & each Text & Keystroke typed by US Citizens.
Referred to as the USA Freedom Act (Section 215) & Telephone Records Program, the program’s scale of collection is too ponderous. The Collection is automated, & the overseeing of this is difficult. This situation could in itself be a security risk as hackers can easily retrieve data from the phone companies who release it to the NSA. Privacy cannot be guaranteed even though it is surveillance. Having Sunset Dates may help some for External Assessments (passed outside of the Agency & by Congress), but Congress seems unsure about this program, & a bit naive. Congress has focused on US Security over Citizen’s Privacy & Security; & stripping it away from us without our permission while the Sunset Date is simply extended. This, though the program has essentially failed.
Two or more Terrorists, & even Big Time Spies rarely talk to each other directly, but instead use Cut-Outs as go-betweens. Often they use Dead-Drop Zones to pass messages, & Burn-Out or Throw-Away Phones to communicate, & never E-Mails or Texts; thus evading Meta Data Collection. The risks of misuse & possibilities of data breaches against US Citizens unconnected with Terrorists is also intensified. The Decryption of Terrorists & Spy devices would be so difficult that Phone Companies & Computer Centers would have nothing for the NSA. The Call Chains effected by Meta Data Mining contribute to making the Data collected too bulky & ponderous.
Expiring December 15, 2019 & Reauthorized until March 15, 2020 The USA Freedom Act, Section 215 Bulk Data Mining Program works closely with the Foreign Intelligence Surveillance Act reauthorized until it’s Sunset Date of March 2020. The Reauthorization for the FISA Act was included in a section entitled “Other Matters” & gives this Act a short term funding bill to implement.
The USA Freedom Act, Section 215 program, also known as the Call Detail Records (CDR), is responsible for legalizing the NSA Database’s collection of billions plus telephone records in bulk data. Within Section 215, the “Bussiness Records Authority” allows Government to obtain a FISA Court Warrant requiring Third Party Businesses (such as Phone Companies) to release to Government any records & or other ” tangible things”, “relevant to International Terrorism, Counter Intelligence” (Espionage) or in a ” Foreign Intelligence Investigation.” It’s a fairly broad mandated law authorizing most data to be collected & released, whether directly involving an individual or that individuals associations, & so, includes almost everyone.
Because of Edward Snowden’s disclosures, the American public became aware that Section 215 was being used to collect the Meta Data of American Citizens in bulk. In 2015, Section 215 was Ammended, supposedly in an attempt to stop this mass surveillance, but it did not stop it. It did, however, include the 2019 Sunset Date. Even with this Amendment, the program resulted in an undue number of Call Detail Records collected which the NSA should not have received. Over collection of data actually impeded the program.
During the Fall of 2019 the House & Senate Judiciary Committee both reviewed Section 215, conducting a Hearing (as discussed above) with witnesses from FISA, FBI, & DOJ to address the program. These witnesses requested ‘renewal’ because someday the program might be “useful”. Witnesses also testified that ” Bussiness Records might also include sensitive data”, like “medical records, location data, & camera footage.” Representatives & Senators also made valid complaints concerning NSA’s slowness to “cooperate” with Congress to reveal just what Sensitive Data is actually collected. The NSA considers the “logistical & legal burdens of retaining Section 215 may outweigh the Intelligence Collected”. It seems even the NSA has contradicting opinions about whether to retain the program.
Once thought vital for the ‘War On Terror’ yet having become a frustration, senior officials in the NSA find the Section 215 program to be of “limited value”. By the time of the program’s legal Expiration Date in December 2019, & reauthorized until March 2020, Congress still has not reached ” a Policy Decision about the Surveillance Program”, said the Wall Street Journal.
A Timeline of Failure? The Section 215 Program started soon after 9/11 under President George W. Bush & at first without Court approval. It collects Meta-Data, including numbers & times of phone calls, & text messages, but according to the NSA, it does not collect the Content of domestic phone calls. (There are other programs authorized to do this.) Edward Snowden leaked this Programs’s existence, as well as documentation exposing other Surveillance Operations. Also supposedly, the USA Freedom Act in it’s many incarnations required the NSA to replace it’s Bulk Meta Data Program with a pared-down system which allows Telephone Companies to retain the Call Records shared with the NSA. Compliance issues have become problematic, however. I am sure this has not halted NSA Data Collection but National Security Advisors for Congress claims (mistakenly, I believe) that the NSA has not used this Program for the past 6 months.
The Program has never stopped any Terrorist Operation, yet it continues to violate Citizenry Civil Liberties. Congress still has mixed opinions whether to end the program, while the NSA despite their frustrations with it, seems ready to let it go on.
A Short Timeline:
October 2001- Congress passes the USA Patriot Act allowing Government to collect records relevant to National Security Investigations, & was secretly interpreted to justify NSA’s Bulk Meta Data Collection of Citizens Domestic Phone Calls & Text.
June 5, 2013 – Edward Snowden exposes the Phone Records Program. Congress begins to debate Surveillance Reform.
May 7, 2015 – A 3 Judge Panel on the 2nd Court of Appeals Rules that NSA’s Bulk Collection of Domestic Phone Calls is illegal, & concluding that it “has exceeded the scope of what Congress has authorized.”
June 2, 2015 – Congress (officially now) passes the USA Freedom Act. Instead of NSA handling all records in bulk, Phone Companies now provide targetted records on an as-needed basis & after Judicial approval. This at least was what the Public was told at the time the Act was passed, but now we know differently. Perhaps even some in Congress believed this.
June 29, 2018 – NSA discloses that it has deleted hundreds of millions of phone records collected since 2015 under the new system, due to technical problems that involved sending data to agencies that they were not authorized to access.
December 2019 – the FISA Act allows Government Surveillance on Americans for Domestic & Criminal matters. This may have been been exploited to Surveille a duly elected President during the time of his Campaign & during his Presidency for reasons which were Politicized! This all has been brought into the light & slowly has been exposed to the American People! Congress however has renewed the USA Freedom Act until March 15, 2020. We will see whether this Program is given a new Sunset Date into the future, or ended. I am very much in favor of ending the USA Freedom Act, Section 215 entirely, but I expect that Congress will allow it to continue. Let’s hope I am wrong!
FINI
*NOTE: April 22, 2020
On March 11, 2020, the US House of Representatives Reauthorized FISA & it’s connected Acts such as the USA FREEDOM Act Section 215. The House passed the USA FREEDOM Act Section 215 under the Bill, HR6172, authorizing it for another 3 years or until March 2023. The Bill went to the Senate & there it sits, waiting for a Vote, although the Senate made a Cloture motion on it to proceed to the measure to be withdrawn by unanimous consent. If it passes the Senate, the President could VETO it, but likely will not, since AG Barr approves of it, as do many of the Senators. The Bill was passed in the House by a Vote of 278 to 136. The Vote itself was approved bi-partisanly on both sides of the Political Aisle. It is now termed the USA FREEDOM Act of 2020.
The Bill, having met approval by the Representatives in the Legislature shares this approval with Senators for reasons of said “National Security”. I think that because some reforms were included that some in Congress felt reassured that their objections to the Bills Privacy & Civil Rights Violations no longer would be a threat, & that Citizens could simply trust that the Bill would not allow abuse of our Privacy & Civil Rights, in lieu of the new reforms. The reforms however are very minor & contain too many exceptions allowing Government Agencies to override any actions the reforms entail as protections. For instance, Bussiness Records collected ostensibly can not be held over 5 years; & the Government is no longer allowed to track Citizens through GPS. Both reforms are mandated but with the exception being any “threat to National Security”.
Though National Security is indeed important & Citizenry must be protected, it has too often been used as a Catch-all excuse for violations of citizen’s Privacy & Civil Liberties.
The Senate’s Vote or the President’s Veto will determine whether we will have 3 more years of the USA FREEDOM Reauthorization Act. Folks, don’t count on a vote in favor of our Liberty & Privacy over Security. Fear, will as usual dominate the Votes of Senators, & Spying on American Citizens will continue…
FINI