Infrastructure of Tyranny--Total Information Awareness
In the first part of this survey of what Conor Friedersdorf has called the "infrastructure of tyranny," we looked at the practice of extraordinary rendition, which is basically the art of making people disappear. In the second part of this survey, we looked at black site prisons, or where people have been disappeared to. In the third part of the series, we looked at secret detention, or simply not acknowledging that a person is in your hands. In the fourth part, we looked at indefinite detention without trial. In the fifth part, we looked at assassination without trial. In this sixth installment, we'll look at the goal of Total Information Awareness, also known as "Big Brother is watching you."
The title of this blog post is borrowed from the proposed title of an actual surveillance and data mining program which made headlines shortly after 9/11. MSNBC has more. Excerpts:
...Total Information Awareness was the brainchild of John Poindexter, the Reagan administration official who got his conviction in the Iran-Contra scandal overturned on appeal. At the time, it was designed to be a sweeping new electronic data-mining program, to access all sorts of digital information from just about anywhere. The idea was that a potential terrorist would leave a digital trail. But in order to find that trail, you had to collect all of the digital information there was, from anywhere and everywhere you could find it. And the program had this creepy Illuminati logo, of a pyramid with this all-seeing eye looking down on the earth. If you were to ask Alex Jones to design a logo to make every single neuron in his conspiratorial brain fire, this would be it. It’s almost as if the government was trying to troll conspiracy theorists.
But Total Information Awareness was creepy enough that it didn’t just set off the Alex Joneses of the world. There was a huge backlash against the idea of just collecting everyone’s data. From left, right and center, it sounded to a lot of folks like the kind of data mining that treats everyone in America as a potential terror suspect. So Congress used the 2004 defense appropriations bill to defund Total Information Awareness...
The proposed logo really was a thing of fear and a terror forever. I mean, look at it!
...When I asked Farber if U.S. citizens need to worry about the U.S. acting like Big Brother, he replied, “Yeah.”
He noted that average citizens now generate huge amounts of digital information. This “Big Data” can be used in two different ways. First, corporations can analyze the data for commercially beneficial insights. Second, government agencies can examine the data for evidence that you are engaged in suspicious activities. “Once you have the data out there,” he said, “there is a whole set of things you can do with it, some of them justifiable and some not justifiable.”
Farber recalled that shortly after 9/11, the Defense Advanced Research Projects Agency initiated “Total Information Awareness,” a surveillance program that called for recording and analyzing all digital information generated by all U.S. citizens. (See Wikipedia for a history of the program.)
After news reports provoked criticism of the Darpa program, it was officially discontinued. But Farber suspected that new surveillance programs represent a continuation of Total Information Awareness. “I can’t get anyone to deny that there’s a common thread there,” he said.
In fact, this week’s news reports that the U.S. has been carrying out what is in effect a Total Information Awareness program should not have come as a huge surprise. Last year, long-time spy-watcher James Bamford revealed in WIRED that the National Security Agency is building a vast, $2 billion facility in Utah “to intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks.”
Bamford asserted that the facility, called the Utah Data Center, “is, in some measure, the realization of the ‘total information awareness’ program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.”...
...Undeterred, President Bush secretly directed the NSA to expand and refine its information gathering in the United States — instructing them to bypass the Foreign Intelligence Surveillance Courts if necessary. With authority from the President and billions of dollars, they set up a secret project called Stellar Wind...
In 2006, a whistleblower at AT&T disclosed that he had helped set up a secret NSA splitter on one of these peering points in the San Francisco AT&T building. The splitter copies all the digital traffic passing through the line and sends it to a secure room hidden deep within the building. The equipment in that room then copies and processes all the information — Voice over Internet Protocols (VoIP), emails, texts, web traffic, etc. — and transmits it to the NSA for storage. In subsequent lawsuits filled by the Electronic Frontier Foundation, they alleged the NSA had set up these “black rooms” at dozens of telecom and Internet switching stations across the United States.
With these splitters, the NSA’s operating principal seemed to have shifted from targeted surveillance to “collect everything and sort through it later..."
The Snowden affair isn’t the first time the NSA’s domestic spying has been revealed. In 2006 the New York Times — despite threats and appeals from Bush and his administration — exposed aspects of the NSA’s extrajudicial wiretapping citing unnamed insider sources including Binney. In the ensuing outcry, Congress investigated the program, and it was brought, ostensibly, back under FISC oversight. But as we now know, the NSA’s mass surveillance continued, operating under the legal interpretation that a communication is only “intercepted” when a human reviews the information or listens to the call. Thus the NSA still collects grand swathes of domestic surveillance, organizing it autonomously through various algorithms and storing it away, only needing a FISC warrant when they actually enter a name into their data banks The full extent of this continuing surveillance is impossible to know, but thanks to Edward Snowden much of it is coming to light. Whether PRISM replaced the Stellar Wind program or is just one of its operations remains to be seen.
When President Obama was elected, many hoped he would dismantle the post 9/11 culture of surveillance, conspiracy and unchecked executive power, but it’s clear the breadth and scale of state power has only increased since 2008. The Obama administration continues to push for a Haussmannization of cyberspace, demanding that email, VoIP, and social networking platforms construct backdoors and thoroughfares for police surveillance and anti-piracy measures. It has created massive initiatives to carry out cyber war — and may have already participated in the first major cyber attack with the Stuxnet virus. All the while, the NSA and other military intelligence agencies carry on the dream of Total Information Awareness, working at the level of the Internet’s very architecture.
* * *
On a technical level, a few hackers, libertarians and software developers are constantly designing programs to hide our virtual identity and protect our digital communications. The Onion Router (Tor) bounces Internet traffic through proxy servers to hide a user’s identity, allowing someone to visit proscribed websites without detection or even maneuver around government firewalls, as in China or Syria. The open source Pretty Good Privacy encryption (PGP) is the gold standard for protecting sensitive information — the NSA even recommends it for classified government documents — and, as far as anyone knows, is currently considered unbreakable by even the world’s fastest computers. If everyone used PGP, their digital communications would be secure, at least from mass interception. But most people don’t use PGP, and encryption software is under attack legally — there have been attempts to ban or restrict its use by private citizens — and physically. The NSA is supposedly building a new supercomputer that will crack current encryption methods using the wide information cache in the Utah Data Center to search for patterns.
Another hope is that the sheer volume of digital information, growing exponentially as millions of people link into the Internet, will simply overwhelm the surveillance capability of even the most technically advanced security services. Perhaps somewhere a rogue programmer is developing applications that will increase this incoherence and overwhelm surveillance algorithms, or perhaps they are creating an encryption standard that is even harder to break.
These are mere technical stopgaps, however, and they need to be situated within broader questions about the changes in modern life and governance...
...Adm. Poindexter assures us that TIA will be designed to respect constitutional guarantees of privacy and shield law-abiding citizens from the Pentagon’s all-seeing eye. But if the history of military surveillance of civilians is any indication, accepting that assurance amounts to the triumph of hope over experience.
Opponents of new government surveillance measures such as TIA or Operation TIPS, the Justice Department’s aborted plan to utilize citizen informants, often invoke the specter of the East German secret police and communist Cuba’s block watch system. But we don’t have to look to totalitarian states for cautionary tales. There’s a long and troubling history of military surveillance in this country. That history suggests that we should loathe allowing the Pentagon access to our personal information...
...According to its Web site, which features a Latin slogan that means ''knowledge is power,'' ''Total Information Awareness of transnational threats requires keeping track of individuals and understanding how they fit into models.'' To this end, T.I.A. seeks to develop architectures for integrating existing databases into a ''virtual, centralized, grand database.'' In addition to analyzing financial, educational, travel and medical records, as well as criminal and other governmental records, the T.I.A. program could include the development of technologies to create risk profiles for millions of visitors and American citizens in its quest for suspicious patterns of behavior...
The National Security Agency has obtained direct access to the systems of Google, Facebook, Apple and other US internet giants, according to a top secret document obtained by the Guardian.
The NSA access is part of a previously undisclosed program called Prism, which allows officials to collect material including search history, the content of emails, file transfers and live chats, the document says.
The Guardian has verified the authenticity of the document, a 41-slide PowerPoint presentation – classified as top secret with no distribution to foreign allies – which was apparently used to train intelligence operatives on the capabilities of the program. The document claims "collection directly from the servers" of major US service providers. Although the presentation claims the program is run with the assistance of the companies, all those who responded to a Guardian request for comment on Thursday denied knowledge of any such program...
The NSA access was enabled by changes to US surveillance law introduced under President Bush and renewed under Obama in December 2012.
The program facilitates extensive, in-depth surveillance on live communications and stored information. The law allows for the targeting of any customers of participating firms who live outside the US, or those Americans whose communications include people outside the US.
It also opens the possibility of communications made entirely within the US being collected without warrants...
Some of the world's largest internet brands are claimed to be part of the information-sharing program since its introduction in 2007. Microsoft – which is currently running an advertising campaign with the slogan "Your privacy is our priority" – was the first, with collection beginning in December 2007.
It was followed by Yahoo in 2008; Google, Facebook and PalTalk in 2009; YouTube in 2010; Skype and AOL in 2011; and finally Apple, which joined the program in 2012. The program is continuing to expand, with other providers due to come online. Collectively, the companies cover the vast majority of online email, search, video and communications networks...
The extent and nature of the data collected from each company varies.
Companies are legally obliged to comply with requests for users' communications under US law, but the Prism program allows the intelligence services direct access to the companies' servers. The NSA document notes the operations have "assistance of communications providers in the US"...
A chart prepared by the NSA, contained within the top-secret document obtained by the Guardian, underscores the breadth of the data it is able to obtain: email, video and voice chat, videos, photos, voice-over-IP (Skype, for example) chats, file transfers, social networking details, and more...
The Prism program allows the NSA, the world's largest surveillance organisation, to obtain targeted communications without having to request them from the service providers and without having to obtain individual court orders.
With this program, the NSA is able to reach directly into the servers of the participating companies and obtain both stored communications as well as perform real-time collection on targeted users...
Jameel Jaffer, director of the ACLU's Center for Democracy, that it was astonishing the NSA would even ask technology companies to grant direct access to user data.
"It's shocking enough just that the NSA is asking companies to do this," he said. "The NSA is part of the military. The military has been granted unprecedented access to civilian communications.
"This is unprecedented militarisation of domestic communications infrastructure. That's profoundly troubling to anyone who is concerned about that separation."
Tons more in the Guardian piece, including graphics from the leaked Powerpoint.
...Former NSA and DNI director Mike McConnell now happens to be vice chairman of Booz Allen Hamilton—Snowden's employer up to this week. Talk about revolving door; from the NSA to Booz Allen to DNI and back to Booz Allen. Only this year McConnell has already raked in US $1.8 million by selling Booz Allen shares and options.[3] Clapper, the current DNI, is a former Booz Allen executive...
Anyone—with the right clearance—may use TIA to amass serious inside financial information and make staggering profits. So yes, follow the money...
Snowden is surfing the PR tsunami as a master—and controlling it all the way. Yes, you do learn a thing or two at the CIA. The timing of the disclosure was a beauty; it handed Beijing the ultimate gift just as President Obama was corralling President Xi Jinping in the California summit about cyber war. As David Lindorff nailed it, now Beijing simply cannot let Snowden hang dry.[5] It's culture; it's a matter of not losing face.
And then Snowden even doubled down—revealing the obvious; as much as Beijing, if not more, Washington hacks as hell.[6]
Following the money, the security privatization racket and Snowden's moves—all at the same time—allows for a wealth of savory scenarios, starting with selected players embedded in the NSA-centric Matrix node making a financial killing with inside information...
A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans. Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.
The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.
"I have never heard of anything like this at all," said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.
"It is one thing to create special rules for national security," Gertner said. "Ordinary crime is entirely different. It sounds like they are phonying up investigations..."
Anyone else feel like a nice, relaxing review of 1984?
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