Inside Microsoft, some called it "Hoovering" — not after the vacuum
cleaner, but after J. Edgar Hoover, the first FBI director, who gathered
dirt on countless Americans.
This frenetic, manual process was the forerunner to Prism,
the recently revealed highly classified National Security Agency program
that seizes records from internet companies. As laws changed and
technology improved, the government and industry moved toward a
streamlined, electronic process, which required less time from the
companies and provided the government data in a more standard format.
newspapers has touched off the latest round in a decade-long debate
over what limits to impose on government eavesdropping, which the Obama
administration says is essential to keep the nation safe.
But interviews with more than a dozen current and former
government and technology officials and outside experts show that, while
Prism has attracted the recent attention, the program actually is a
relatively small part of a much more expansive and intrusive
eavesdropping effort.
Americans who disapprove of the government reading their emails have
more to worry about from a different and larger NSA effort that snatches
data as it passes through the fibre optic cables that make up the
internet's backbone. That program, which has been known for years,
copies internet traffic as it enters and leaves the United States, then
routes it to the NSA for analysis.
Whether by clever choice or coincidence, Prism appears to do
what its name suggests. Like a triangular piece of glass, Prism takes
large beams of data and helps the government find discrete, manageable
strands of information.
The fact that it is productive is not surprising; documents
show it is one of the major sources for what ends up in the US
president's daily briefing. Prism makes sense of the cacophony of the
internet's raw feed. It provides the government with names, addresses,
conversation histories and entire archives of email inboxes.
Many of the people interviewed for this report insisted on
anonymity because they were not authorised to publicly discuss a
classified, continuing effort. But those interviews, along with public
statements and the few public documents available, show there are two
vital components to Prism's success.
The first is how the government works closely with the
companies that keep people perpetually connected to each other and the
world. That story line has attracted the most attention so far.
The second and far murkier one is how Prism fits into a larger US wiretapping program in place for years.
Spying deep in the oceans
Deep in the oceans, hundreds of cables carry much of the
world's phone and internet traffic. Since at least the early 1970s, the
NSA has been tapping foreign cables. It doesn't need permission. That's
its job.
But internet data doesn't care about borders. Send an email
from Pakistan to Afghanistan and it might pass through a mail server in
the United States, the same computer that handles messages to and from
Americans. The NSA is prohibited from spying on Americans or anyone
inside the United States. That's the FBI's job and it requires a
warrant.
Despite that prohibition, shortly after the September 11
terrorist attacks, President George W. Bush secretly authorised the NSA
to plug into the fibre optic cables that enter and leave the United
States, knowing it would give the government unprecedented, warrantless
access to Americans' private conversations.
Tapping into those cables allows the NSA access to monitor
emails, telephone calls, video chats, websites, bank transactions and
more. It takes powerful computers to decrypt, store and analyse all this
information, but the information is all there, zipping by at the speed
of light.
"You have to assume everything is being collected," said
Bruce Schneier, who has been studying and writing about cryptography and
computer security for two decades.
The New York Times disclosed the existence of this effort in 2005. In 2006, former AT&T technician Mark Klein
revealed that the company had allowed the NSA to install a computer at its San Francisco switching centre, a key hub for fibre optic cables.
What followed was the most significant debate over domestic
surveillance since the 1975 Church Committee, a special Senate committee
led by Senator Frank Church, D-Idaho, reined in the CIA and FBI for
spying on Americans.
Unlike the recent debate over Prism, however, there were no
visual aids, no easy-to-follow charts explaining that the government was
sweeping up millions of emails and listening to phone calls of people
accused of no wrongdoing.
The Bush administration called it the "Terrorist Surveillance Program" and said it was keeping the United States safe.
"This program has produced intelligence for us that has been
very valuable in the global war on terror, both in terms of saving lives
and breaking up plots directed at the United States," Vice President
Dick Cheney said at the time.
The government has said it minimises all conversations and
emails involving Americans. Exactly what that means remains classified.
But former US officials familiar with the process say it allows the
government to keep the information as long as it is labeled as belonging
to an American and stored in a special, restricted part of a computer.
That means Americans' personal emails can live in government
computers, but analysts can't access, read or listen to them unless the
emails become relevant to a national security investigation.
The government doesn't automatically delete the data,
officials said, because an email or phone conversation that seems
innocuous today might be significant a year from now.
What's unclear to the public is how long the government keeps
the data. That is significant because the US someday will have a new
enemy. Two decades from now, the government could have a trove of
American emails and phone records it can tap to investigative whatever
Congress declares a threat to national security.
The Bush administration shut down its warrantless wiretapping
program in 2007 but endorsed a new law, the Protect America Act, which
allowed the wiretapping to continue with changes: The NSA generally
would have to explain its techniques and targets to a secret court in
Washington, but individual warrants would not be required.
Congress approved it, with Senator Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.
"This administration also puts forward a false choice between
the liberties we cherish and the security we provide," Obama said in a
speech two days before that vote. "I will provide our intelligence and
law enforcement agencies with the tools they need to track and take out
the terrorists without undermining our Constitution and our freedom."
NSA's top-secret 'US-98XN' program
When the Protect America Act made warrantless wiretapping
legal, lawyers and executives at major technology companies knew what
was about to happen.
One expert in national security law, who is directly familiar
with how internet companies dealt with the government during that
period, recalls conversations in which technology officials worried
aloud that the government would trample on Americans' constitutional
right against unlawful searches, and that the companies would be called
on to help.
The logistics were about to get daunting, too.
For years, the companies had been handling requests from the
FBI. Now Congress had given the NSA the authority to take information
without warrants. Though the companies didn't know it, the passage of
the Protect America Act gave birth to a top-secret NSA program,
officially called US-98XN.
It was known as Prism. Though many details are still unknown, it worked like this:
Every year, the attorney general and the director of national
intelligence spell out in a classified document how the government
plans to gather intelligence on foreigners overseas.
By law, the certification can be broad. The government isn't required to identify specific targets or places.
A federal judge, in a secret order, approves the plan.
With that, the government can issue "directives" to internet companies to turn over information.
While the court provides the government with broad authority
to seize records, the directives themselves typically are specific, said
one former associate general counsel at a major internet company. They
identify a specific target or groups of targets. Other company officials
recall similar experiences.
All adamantly denied turning over the kind of broad swaths of
data that many people believed when the Prism documents were first
released.
"We only ever comply with orders for requests about specific accounts or identifiers," Microsoft said in a statement.
Facebook said it received between 9000 and 10,000 requests
for data from all government agencies in the second half of last year.
The social media company said fewer than 19,000 users were targeted.
How many of those were related to national security is
unclear, and likely classified. The numbers suggest each request
typically related to one or two people, not a vast range of users.
Tech company officials were unaware there was a program named
Prism. Even former law enforcement and counterterrorism officials who
were on the job when the program went live and were aware of its
capabilities said this past week that they didn't know what it was
called.
What the NSA called Prism, the companies knew as a
streamlined system that automated and simplified the "Hoovering" from
years earlier, the former assistant general counsel said. The companies,
he said, wanted to reduce their workload. The government wanted the
data in a structured, consistent format that was easy to search.
Any company in the communications business can expect a
visit, said Mike Janke, CEO of Silent Circle, a company that advertises
software for secure, encrypted conversations. The government is eager to
find easy ways around security.
"They do this every two to three years," said Janke, who said
government agents have approached his company but left empty-handed
because his computer servers store little information. "They ask for the
moon."
That often creates tension between the government and a
technology industry with a reputation for having a civil libertarian
bent. Companies occasionally argue to limit what the government takes.
Yahoo even went to court and lost in a classified ruling in 2008, The
New York Times reported Friday.
"The notion that Yahoo gives any federal agency vast or
unfettered access to our users' records is categorically false," Ron
Bell, the company's general counsel, said recently.
Under Prism, the delivery process varied by company.
Google, for instance, says it makes secure file transfers.
Others use contractors or have set up stand-alone systems. Some have set
up user interfaces making it easier for the government, according to a
security expert familiar with the process.
Every company involved denied the most sensational assertion
in the Prism documents: that the NSA pulled data "directly from the
servers" of Microsoft, Yahoo, Google, Facebook, AOL and more.
Technology experts and a former government official say that
phrasing, taken from a PowerPoint slide describing the program, was
likely meant to differentiate Prism's neatly organised, company-provided
data from the unstructured information snatched out of the internet's
major pipelines.
In a slide made public by the newspapers, NSA analysts were
encouraged to use data coming from both Prism and from the fiber-optic
cables.
Prism, as its name suggests, helps narrow and focus the
stream. If eavesdroppers spot a suspicious email among the torrent of
data pouring into the United States, analysts can use information from
internet companies to pinpoint the user.
With Prism, the government gets a user's entire email inbox.
Every email, including contacts with American citizens, becomes
government property.
Once the NSA has an inbox, it can search its huge archives
for information about everyone with whom the target communicated. All
those people can be investigated, too.
That's one example of how emails belonging to Americans can become swept up in the hunt.
In that way, Prism helps justify specific, potentially
personal searches. But it's the broader operation on the internet fibre
optics cables that actually captures the data, experts agree.
"I'm much more frightened and concerned about real-time
monitoring on the internet backbone," said Wolf Ruzicka, CEO of EastBanc
Technologies, a Washington software company. "I cannot think of
anything, outside of a face-to-face conversation, that they could not
have access to."
One unanswered question, according to a former technology
executive at one of the companies involved, is whether the government
can use the data from Prism to work backward.
For example, not every company archives instant message
conversations, chat room exchanges or videoconferences. But if Prism
provided general details, known as metadata, about when a user began
chatting, could the government "rewind" its copy of the global Internet
stream, find the conversation and replay it in full?
That would take enormous computing, storage and code-breaking
power. It's possible the NSA could use supercomputers to decrypt some
transmissions, but it's unlikely it would have the ability to do that in
volume. In other words, it would help to know what messages to zero in
on.
Whether the government has that power and whether it uses Prism this way remains a closely guarded secret.
NSA crosses the line
A few months after Obama took office in 2009, the
surveillance debate reignited in Congress because the NSA had crossed
the line. Eavesdroppers, it turned out, had been using their warrantless
wiretap authority to intercept far more emails and phone calls of
Americans than they were supposed to.
Obama, no longer opposed to the wiretapping, made unspecified
changes to the process. The government said the problems were fixed.
"I came in with a healthy skepticism about these programs,"
Obama explained recently. "My team evaluated them. We scrubbed them
thoroughly. We actually expanded some of the oversight, increased some
of the safeguards."
Years after decrying Bush for it, Obama said Americans did have to make tough choices in the name of safety.
"You can't have 100 per cent security and also then have 100 per cent privacy and zero inconvenience," the president said.
Obama's administration, echoing his predecessor's, credited
the surveillance with disrupting several terrorist attacks. Leading
figures from the Bush administration who endured criticism during
Obama's candidacy have applauded the president for keeping the
surveillance intact.
Jason Weinstein, who recently left the Justice Department as
head of its cybercrime and intellectual property section, said it's no
surprise Obama continued the eavesdropping.
"You can't expect a president to not use a legal tool that
Congress has given him to protect the country," he said. "So, Congress
has given him the tool. The president's using it. And the courts are
saying 'The way you're using it is OK'. That's checks and balances at
work."
Schneier, the author and security expert, said it doesn't
really matter how Prism works, technically. Just assume the government
collects everything, he said.
He said it doesn't matter what the government and the companies say, either. It's spycraft, after all.
"Everyone is playing word games," he said. "No one is telling the truth."
theage.com.au 17 June 2013