Global surveillance disclosures (2013–present)


Ongoing news reports in the international media have revealed operational details about the Anglophone cryptographic agencies' global surveillance[1] of both foreign and domestic nationals. The reports mostly emanate from a cache of top secret documents leaked by ex-NSA contractor Edward Snowden, which he obtained whilst working for Booz Allen Hamilton, one of the largest contractors for defense and intelligence in the United States.[2] In addition to a trove of U.S. federal documents, Snowden's cache reportedly contains thousands of Australian, British, Canadian and New Zealand intelligence files that he had accessed via the exclusive "Five Eyes" network.[2][3] In June 2013, the first of Snowden's documents were published simultaneously by The Washington Post and The Guardian, attracting considerable public attention.[4] The disclosure continued throughout 2013, and a small portion of the estimated full cache of documents was later published by other media outlets worldwide, most notably The New York Times (United States), the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Der Spiegel (Germany), O Globo (Brazil), Le Monde (France), L'espresso (Italy), NRC Handelsblad (the Netherlands), Dagbladet (Norway), El País (Spain), and Sveriges Television (Sweden).[5]

These media reports have shed light on the implications of several secret treaties signed by members of the UKUSA community in their efforts to implement global surveillance. For example, Der Spiegel revealed how the German Federal Intelligence Service (German: Bundesnachrichtendienst; BND) transfers "massive amounts of intercepted data to the NSA",[6] while Swedish Television revealed the National Defence Radio Establishment (FRA) provided the NSA with data from its cable collection, under a secret treaty signed in 1954 for bilateral cooperation on surveillance.[7] Other security and intelligence agencies involved in the practice of global surveillance include those in Australia (ASD), Britain (GCHQ), Canada (CSE), Denmark (PET), France (DGSE), Germany (BND), Italy (AISE), the Netherlands (AIVD), Norway (NIS), Spain (CNI), Switzerland (NDB), Singapore (SID) as well as Israel (ISNU), which receives raw, unfiltered data of U.S. citizens that is shared by the NSA.[8][9][10][11][12][13][14][15]

On June 14, 2013, United States prosecutors charged Edward Snowden with espionage and theft of government property. In late July 2013, he was granted a one-year temporary asylum by the Russian government,[16] contributing to a deterioration of Russia–United States relations.[17][18] Towards the end of October 2013, the British Prime Minister David Cameron warned The Guardian not to publish any more leaks, or it will receive a DA-Notice.[19] In November 2013, a criminal investigation of the disclosure was being undertaken by Britain's Metropolitan Police Service.[20] In December 2013, The Guardian editor Alan Rusbridger said: "We have published I think 26 documents so far out of the 58,000 we've seen."[21]

The extent to which the media reports have responsibly informed the public is disputed. In January 2014, Obama said that "the sensational way in which these disclosures have come out has often shed more heat than light"[22] and critics such as Sean Wilentz have noted that many of the Snowden documents released do not concern domestic surveillance.[23] The US & British Defense establishment weigh the strategic harm in the period following the disclosures more heavily than their civic public benefit. In its first assessment of these disclosures, the Pentagon concluded that Snowden committed the biggest "theft" of U.S. secrets in the history of the United States.[24] Sir David Omand, a former director of GCHQ, described Snowden's disclosure as the "most catastrophic loss to British intelligence ever".[25]

Barton Gellman, a Pulitzer Prize–winning journalist who led The Washington Post's coverage of Snowden's disclosures, summarized the leaks as follows:


The Mira hotel in Hong Kong, where Edward Snowden hosted his first meeting with Glenn Greenwald, Laura Poitras, and journalist Ewen MacAskill of The Guardian[86]
PRISM: a clandestine surveillance program under which the NSA collects user data from companies like Microsoft and Facebook.
Slide from a 2008 NSA presentation about XKeyscore, showing a world map with the locations of XKeyscore servers
On June 11, 2013, The Guardian published a snapshot of the NSA's global map of electronic data collection for the month of March 2013. Known as the Boundless Informant, the program is used by the NSA to track the amount of data being analyzed over a specific period of time. The color scheme ranges from green (least subjected to surveillance) through yellow and orange to red (most surveillance). Outside the Middle East, only China, Germany, India, Kenya, Colombia, the United Kingdom, and the United States are colored orange or yellow
An NSA presentation called "Your target is using a BlackBerry? Now what?" shows an intercepted Mexican government e-mail.
On October 4, 2013, The Washington Post published a PowerPoint presentation leaked by Snowden, showing how the NSA had compromised the Tor encrypted network that is being employed by hundreds of thousands of people to circumvent "nation state internet policies". By secretly exploiting a JavaScript plug-in, the NSA was able to uncover the identities of various anonymous Internet users such as dissidents, terrorists, and other targets
On November 23, 2013, the Dutch newspaper NRC Handelsblad released a top secret NSA presentation leaked by Snowden, showing five "Classes of Accesses" that the NSA uses in its worldwide signals intelligence operations.[41][272] These five "Classes of Accesses" are:
  3rd PARTY/LIAISON—refers to data provided by the international partners of the NSA. Within the framework of the UKUSA Agreement, these international partners are known as "third parties.
  REGIONAL—refers to over 80 regional Special Collection Services (SCS). The SCS is a black budget program operated by the NSA and the CIA, with operations based in many cities such as Athens, Bangkok, Berlin, Brasília, Budapest, Frankfurt, Geneva, Lagos, Milan, New Delhi, Paris, Prague, Vienna, and Zagreb, and others, targeting Central America, the Arabian Peninsula, East Asia, and Continental Europe.
  CNE—an abbreviation for "Computer Network Exploitation". It is performed by a special cyber-warfare unit of the NSA known as Tailored Access Operations (TAO), which infected over 50,000 computer networks worldwide with malicious software designed to steal sensitive information, and is mostly aimed at Brazil, China, Egypt, India, Mexico, Saudi Arabia, and parts of Eastern Europe
  LARGE CABLE—20 major points of accesses, many of them located within the United States
  FORNSAT—an abbreviation for "Foreign Satellite Collection". It refers to intercepts from satellites that process data used by other countries such as Britain, Norway, Japan, and the Philippines.
On December 4, 2013, The Washington Post released an internal NSA chart illustrating the extent of the agency's mass collection of mobile phone location records, which amounts to about five billion on a daily basis.[275] The records are stored in a huge database known as FASCIA, which received over 27 terabytes of location data within seven months.[334]
On January 27, 2014, The New York Times released[348] an internal NSA document from a 2010 meeting that details the extent of the agency's surveillance on smartphones. Data collected include phone settings, network connections, Web browsing history, buddy lists, downloaded documents, encryption usage, and user agents. Notice the following line of text at the bottom – "TOP SECRET//COMINT//REL TO USA, FVEY" – which is used to indicated that this top secret document is related to communications intelligence (COMINT), and can be accessed by the US and its Five Eyes (FVEY) partners in Australia, Britain, Canada, and New Zealand
On June 7, 2013, President Obama emphasized the importance of surveillance to prevent terrorist attacks
Lawyers and judges protest boundless monitoring at PRISM debate in Germany, 18 November 2013