This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2013/06/08/us/national-security-agency-surveillance.html

The article has changed 9 times. There is an RSS feed of changes available.

Version 0 Version 1
Spy Chief Calls Leaks on U.S. Surveillance ‘Reprehensible’ Surveillance Leaks Likely to Restart Debate on Privacy
(about 1 hour later)
WASHINGTON — The top intelligence official in the United States condemned as “reprehensible” leaks revealing a secret program to collect information from leading Internet companies and said a separate disclosure about an effort to sweep up records of telephone calls threatens “irreversible harm” to the nation’s national security. WASHINGTON — Disclosure of secret surveillance programs involving some of the nation’s biggest technology and communications firms — including Google, Apple and Verizon — seemed likely to prompt a vigorous discussion among policy makers and Internet consumers about the expectations for privacy and security in an increasingly connected and online world.
The comments by James R. Clapper, the director of national intelligence, late Thursday night about the newly revealed government surveillance programs came as President Obama was set to travel to Southern California on Friday for a two-day summit with President Xi Jinping of China. The revelations appeared certain to overshadow discussions between the two leaders. On the morning after the disclosure of the program, lawmakers in Washington, many of whom have been privately briefed on the secret surveillance efforts for years, sought to balance their public expressions of concern about the impact on privacy with the need to combat national security threats. Senator Angus King, a Maine independent who often votes with Democrats, said Friday morning that there needed to be a discussion about that balance.
Disclosure of the secret programs involving some of the nation’s biggest technology and communications firms — including Google, Apple and Verizon — also seemed likely to prompt a vigorous discussion among policy makers and Internet consumers about the expectations for privacy in an increasingly connected and online world.
Mr. Clapper said in a statement that the classified program to collect information from Internet providers is used to “protect our nation from a wide variety of threats” and he condemned the leaks of documents describing its existence.
“The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans,” Mr. Clapper said. In a separate statement, he warned about the negative impact from the leak of a secret court order authorizing the collection of phone records.
The release of the four-page order from the Foreign Intelligence Surveillance Act court “threatens potentially long-lasting and irreversible harm to our ability to identify and respond to the many threats facing our nation,” Mr. Clapper said in the statement.
Mr. Clapper’s comments raise the specter of broad, new investigations into the leaks of secret and classified government documents at a time that Mr. Obama’s administration is already under fire in Washington for aggressively pursuing unauthorized leaks of information by monitoring the activities of journalists.
Questions began about how the documents — marked TOP “SECRET//SI//NOFORN” — emerged even as lawmakers, civil liberties activists, technology executives and members of the public reacted to the scope of the surveillance efforts.
In Washington, lawmakers, many of whom have been privately briefed on the secret surveillance efforts for years, sought to balance their public expressions of concern about the impact on privacy with the need to combat national security threats. Senator Angus King, independent of Maine, said Friday morning that there needed to be a discussion about that balance.
“People ought to have at least a general idea of what’s going on,” Mr. King said on MSNBC’s “Morning Joe” program. “It’s unfortunate that it has to come out in the form of leaks. The question is where’s the appropriate balance?”“People ought to have at least a general idea of what’s going on,” Mr. King said on MSNBC’s “Morning Joe” program. “It’s unfortunate that it has to come out in the form of leaks. The question is where’s the appropriate balance?”
He added: “It makes me nervous that all those phone records are in the possession of the national security agency.” He added: “It makes me nervous that all those phone records are in the possession of the National Security Agency.”
Jane Harman, a former Democratic representative from California, said on “Morning Joe” that lawmakers had been “briefed regularly” about the terrorist surveillance programs but acknowledged that “I think we ought to have a public debate” about the issues involved. Under the classified program revealed Thursday, the federal government has been secretly collecting information on foreigners overseas for nearly six years from the nation’s largest Internet companies like Google, Facebook and, most recently, Apple, in search of national security threats. The revelation came just hours after government officials acknowledged a separate seven-year effort to sweep up records of telephone calls inside the United States.
Dennis C. Blair, who served as President Obama’s first director of national intelligence, said Friday that there was little debate at the beginning of the Obama administration about whether to continue the National Security Agency’s telephone and Internet surveillance programs that began under President Bush.Dennis C. Blair, who served as President Obama’s first director of national intelligence, said Friday that there was little debate at the beginning of the Obama administration about whether to continue the National Security Agency’s telephone and Internet surveillance programs that began under President Bush.
“In 2006 and 2007, everything was put under a legal basis. That looked pretty good to us, so we continued it,” Mr. Blair said. He said that the agency’s relationships with Internet companies have been especially valuable, given the volume of global communications that are now done strictly in cyberspace. “In 2006 and 2007, everything was put under a legal basis. That looked pretty good to us, so we continued it,” Mr. Blair said in an interview with The New York Times. He said that the agency’s relationships with Internet companies have been especially valuable, given the volume of global communications that are now done strictly in cyberspace.
“As the Internet has become the way people communicate, that’s the way we gather intelligence,” he said.“As the Internet has become the way people communicate, that’s the way we gather intelligence,” he said.
Speaking at a fund-raiser in Silicon Valley Thursday night, Mr. Obama did not mention the surveillance programs or the leaks of secret documents. In comments to tech executives at the home of Vinod Khosla, a co-founder of Sun Microsystems, the president focused on the need to have all schools connected to the Internet. James R. Clapper, the director of national intelligence, said in a statement late Thursday night that the classified program to collect information from Internet providers is used to “protect our nation from a wide variety of threats” and he condemned the leaks of documents describing its existence.
After a stop in San Jose this morning where he is scheduled to talk about the Affordable Care Act, Mr. Obama is scheduled to fly to Southern California to attend a fund-raiser and then visit with the Chinese president. The meetings had been expected to focus on issues of cybersecurity, with Mr. Obama pressing Mr. Xi on accusations of state-run hacking of American businesses and government installations. “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans,” Mr. Clapper said. In a separate statement, he warned about the negative impact from the leak of a secret court order authorizing the collection of phone records. The release of the four-page order from the Foreign Intelligence Surveillance Act court “threatens potentially long-lasting and irreversible harm to our ability to identify and respond to the many threats facing our nation,” Mr. Clapper said in the statement.
Mr. Obama, speaking at a fund-raiser in Silicon Valley on Thursday night,did not mention the surveillance programs or the leaks of secret documents. In comments to tech executives at the home of Vinod Khosla, a co-founder of Sun Microsystems, the president focused on the need to have all schools connected to the Internet.
After a stop in San Jose this morning where he is scheduled to talk about the Affordable Care Act, Mr. Obama is scheduled to fly to Southern California to attend a fund-raiser and then visit President Xi Jinping of China. The meetings had been expected to focus on issues of cybersecurity, with Mr. Obama pressing Mr. Xi on accusations of state-run hacking of American businesses and government installations.
But the leaks of the American surveillance programs appeared likely to provide Mr. Xi with a ready retort. The Chinese state-run Xinhua news agency’s English language Web site was playing the American data-collection story prominently on Friday morning.But the leaks of the American surveillance programs appeared likely to provide Mr. Xi with a ready retort. The Chinese state-run Xinhua news agency’s English language Web site was playing the American data-collection story prominently on Friday morning.
“U.S. intelligence chief defends intelligence collection program,” the Chinese Web site said.“U.S. intelligence chief defends intelligence collection program,” the Chinese Web site said.
The disclosures also earned comedic reaction Thursday night from late-night talk show hosts. Conan O’Brien joked on his TBS show, "Conan," that in light of the government's phone records order, Verizon is "calling it the 'Friends and Family and Obama plan.'" The disclosure of the extent of United States surveillance caused outrage among civil liberties and privacy groups in Europe, where data protection has become a hot-button issue. The possibility that the online communications of European citizens could have been caught up in the N.S.A. data sweep, because of their use of American Internet services, caused particular anxiety.
Jimmy Fallon, the host of NBC’s “Late Night” program, mocked Verizon’s ubiquitous “Can you hear me now?” ad campaign by saying — in a whisper — that the new ad strategy is: “They can hear you now!” “Mass surveillance is never justified,” said Kirsty Hughes, chief executive of Index on Censorship, a group based in London. “Democracies should be standing up for digital freedom at a time when it is under threat from countries like China and Iran, not undermining it.”
On Thursday afternoon,a classified program was revealed that in which the federal government has been secretly collecting information on foreigners overseas for nearly six years from the nation’s largest Internet companies like Google, Facebook and, most recently, Apple, in search of national security threats. The revelation, which was confirmed by the director of national intelligence, came just hours after government officials acknowledged a separate seven-year effort to sweep up records of telephone calls inside the United States. Official reaction from European capitals was more subdued — perhaps partly, analysts said, because many governments would like similar powers to monitor Internet communications.
In Turkey, where antigovernment protests have been raging for more than a week, partly because of complaints about a lack of civil liberties and heavy-handed government, the revelations also touched a nerve.
“If the U.S. complains about foreign governments spying and then it turns out it is doing the same thing — well, what are you complaining about?” said Yaman Akdeniz, a law professor at Istanbul Bilgi University.
Together, the unfolding revelations opened a window into the growth of government surveillance that began under the Bush administration after the terrorist attacks of Sept. 11, 2001, and has clearly been embraced and even expanded under the Obama administration.Together, the unfolding revelations opened a window into the growth of government surveillance that began under the Bush administration after the terrorist attacks of Sept. 11, 2001, and has clearly been embraced and even expanded under the Obama administration.
Government officials defended the two surveillance initiatives as authorized under law, known to Congress and necessary to guard the country against terrorist threats. But an array of civil liberties advocates and libertarian conservatives said the disclosures provided the most detailed confirmation yet of what has been long suspected about what the critics call an alarming and ever-widening surveillance state.Government officials defended the two surveillance initiatives as authorized under law, known to Congress and necessary to guard the country against terrorist threats. But an array of civil liberties advocates and libertarian conservatives said the disclosures provided the most detailed confirmation yet of what has been long suspected about what the critics call an alarming and ever-widening surveillance state.
The Internet surveillance program collects data from online providers including e-mail, chat services, videos, photos, stored data, file transfers, video conferencing and logins, according to classified documents obtained and posted by The Washington Post and then The Guardian on Thursday afternoon.The Internet surveillance program collects data from online providers including e-mail, chat services, videos, photos, stored data, file transfers, video conferencing and logins, according to classified documents obtained and posted by The Washington Post and then The Guardian on Thursday afternoon.
In confirming its existence, officials said that the program, called Prism, is authorized under a foreign intelligence law that was recently renewed by Congress, and maintained that it minimizes the collection and retention of information “incidentally acquired” about Americans and permanent residents. Several of the Internet companies said they did not allow the government open-ended access to their servers but complied with specific lawful requests for information.In confirming its existence, officials said that the program, called Prism, is authorized under a foreign intelligence law that was recently renewed by Congress, and maintained that it minimizes the collection and retention of information “incidentally acquired” about Americans and permanent residents. Several of the Internet companies said they did not allow the government open-ended access to their servers but complied with specific lawful requests for information.
“It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States,” Mr. Clapper, the director of national intelligence, said in a statement, describing the law underlying the program. “Information collected under this program is among the most important and valuable intelligence information we collect, and is used to protect our nation from a wide variety of threats.”“It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States,” Mr. Clapper, the director of national intelligence, said in a statement, describing the law underlying the program. “Information collected under this program is among the most important and valuable intelligence information we collect, and is used to protect our nation from a wide variety of threats.”
The Prism program grew out of the National Security Agency’s desire several years ago to begin addressing the agency’s need to keep up with the explosive growth of social media, according to people familiar with the matter.The Prism program grew out of the National Security Agency’s desire several years ago to begin addressing the agency’s need to keep up with the explosive growth of social media, according to people familiar with the matter.
The dual revelations, in rapid succession, also suggested that someone with access to high-level intelligence secrets had decided to unveil them in the midst of furor over leak investigations. Both were reported by The Guardian, while The Post, relying upon the same presentation, almost simultaneously reported the Internet company tapping. The Post said a disenchanted intelligence official provided it with the documents to expose government overreach.The dual revelations, in rapid succession, also suggested that someone with access to high-level intelligence secrets had decided to unveil them in the midst of furor over leak investigations. Both were reported by The Guardian, while The Post, relying upon the same presentation, almost simultaneously reported the Internet company tapping. The Post said a disenchanted intelligence official provided it with the documents to expose government overreach.
Before the disclosure of the Internet company surveillance program on Thursday, the White House and Congressional leaders defended the phone program, saying it was legal and necessary to protect national security.Before the disclosure of the Internet company surveillance program on Thursday, the White House and Congressional leaders defended the phone program, saying it was legal and necessary to protect national security.
Josh Earnest, a White House spokesman, told reporters aboard Air Force One that the kind of surveillance at issue “has been a critical tool in protecting the nation from terror threats as it allows counterterrorism personnel to discover whether known or suspected terrorists have been in contact with other persons who may be engaged in terrorist activities, particularly people located inside the United States.” He added: “The president welcomes a discussion of the trade-offs between security and civil liberties.”Josh Earnest, a White House spokesman, told reporters aboard Air Force One that the kind of surveillance at issue “has been a critical tool in protecting the nation from terror threats as it allows counterterrorism personnel to discover whether known or suspected terrorists have been in contact with other persons who may be engaged in terrorist activities, particularly people located inside the United States.” He added: “The president welcomes a discussion of the trade-offs between security and civil liberties.”
The Guardian and The Post posted several slides from the 41-page presentation about the Internet program, listing the companies involved — which included Yahoo, Microsoft, Paltalk, AOL, Skype and YouTube — and the dates they joined the program, as well as listing the types of information collected under the program.The Guardian and The Post posted several slides from the 41-page presentation about the Internet program, listing the companies involved — which included Yahoo, Microsoft, Paltalk, AOL, Skype and YouTube — and the dates they joined the program, as well as listing the types of information collected under the program.
But while the administration and lawmakers who supported the telephone records program emphasized that all three branches of government had signed off on it, Anthony Romero of the American Civil Liberties Union denounced the surveillance as an infringement of fundamental individual liberties, no matter how many parts of the government approved of it.But while the administration and lawmakers who supported the telephone records program emphasized that all three branches of government had signed off on it, Anthony Romero of the American Civil Liberties Union denounced the surveillance as an infringement of fundamental individual liberties, no matter how many parts of the government approved of it.
“A pox on all the three houses of government,” Mr. Romero said. “On Congress, for legislating such powers, on the FISA court for being such a paper tiger and rubber stamp, and on the Obama administration for not being true to its values.”“A pox on all the three houses of government,” Mr. Romero said. “On Congress, for legislating such powers, on the FISA court for being such a paper tiger and rubber stamp, and on the Obama administration for not being true to its values.”
Others raised concerns about whether the telephone program was effective.Others raised concerns about whether the telephone program was effective.
Word of the program emerged when The Guardian posted an April order from the secret foreign intelligence court directing a subsidiary of Verizon Communications to give the N.S.A. “on an ongoing daily basis” until July logs of communications “between the United States and abroad” or “wholly within the United States, including local telephone calls.”Word of the program emerged when The Guardian posted an April order from the secret foreign intelligence court directing a subsidiary of Verizon Communications to give the N.S.A. “on an ongoing daily basis” until July logs of communications “between the United States and abroad” or “wholly within the United States, including local telephone calls.”
On Thursday, Senators Dianne Feinstein of California and Saxby Chambliss of Georgia, the top Democrat and top Republican on the Intelligence Committee, said the court order appeared to be a routine reauthorization as part of a broader program that lawmakers have long known about and supported.On Thursday, Senators Dianne Feinstein of California and Saxby Chambliss of Georgia, the top Democrat and top Republican on the Intelligence Committee, said the court order appeared to be a routine reauthorization as part of a broader program that lawmakers have long known about and supported.
“As far as I know, this is an exact three-month renewal of what has been the case for the past seven years,” Ms. Feinstein said, adding that it was carried out by the Foreign Intelligence Surveillance Court “under the business records section of the Patriot Act.”“As far as I know, this is an exact three-month renewal of what has been the case for the past seven years,” Ms. Feinstein said, adding that it was carried out by the Foreign Intelligence Surveillance Court “under the business records section of the Patriot Act.”
“Therefore, it is lawful,” she said. “It has been briefed to Congress.”“Therefore, it is lawful,” she said. “It has been briefed to Congress.”
While refusing to confirm or to directly comment on the reported court order, Verizon, in an internal e-mail to employees, defended its release of calling information to the N.S.A. Randy Milch, an executive vice president and general counsel, wrote that “the law authorizes the federal courts to order a company to provide information in certain circumstances, and if Verizon were to receive such an order, we would be required to comply.”While refusing to confirm or to directly comment on the reported court order, Verizon, in an internal e-mail to employees, defended its release of calling information to the N.S.A. Randy Milch, an executive vice president and general counsel, wrote that “the law authorizes the federal courts to order a company to provide information in certain circumstances, and if Verizon were to receive such an order, we would be required to comply.”
Sprint and AT&T have also received demands for data from national security officials, according to people familiar with the requests. Those companies as well as T-Mobile and CenturyLink declined to say Thursday whether they were or had been under a similar court order.Sprint and AT&T have also received demands for data from national security officials, according to people familiar with the requests. Those companies as well as T-Mobile and CenturyLink declined to say Thursday whether they were or had been under a similar court order.
Lawmakers and administration officials who support the phone program defended it in part by noting that it was only for “metadata” — like logs of calls sent and received — and did not involve listening in on people’s conversations.Lawmakers and administration officials who support the phone program defended it in part by noting that it was only for “metadata” — like logs of calls sent and received — and did not involve listening in on people’s conversations.
The Internet company program appeared to involve eavesdropping on the contents of communications of foreigners. The senior administration official said its legal basis was the so-called FISA Amendments Act, a 2008 law that allows the government to obtain an order from a national security court to conduct blanket surveillance of foreigners abroad without individualized warrants even if the interception takes place on American soil.The Internet company program appeared to involve eavesdropping on the contents of communications of foreigners. The senior administration official said its legal basis was the so-called FISA Amendments Act, a 2008 law that allows the government to obtain an order from a national security court to conduct blanket surveillance of foreigners abroad without individualized warrants even if the interception takes place on American soil.
The law, which Congress reauthorized in late 2012, is controversial in part because Americans’ e-mails and phone calls can be swept into the database without an individualized court order when they communicate with people overseas. While the newspapers portrayed the classified documents as indicating that the N.S.A. obtained direct access to the companies’ servers, several of the companies — including Google, Facebook, Microsoft and Apple — denied that the government could do so. Instead, the companies have negotiated with the government technical means to provide specific data in response to court orders, according to people briefed on the arrangements.The law, which Congress reauthorized in late 2012, is controversial in part because Americans’ e-mails and phone calls can be swept into the database without an individualized court order when they communicate with people overseas. While the newspapers portrayed the classified documents as indicating that the N.S.A. obtained direct access to the companies’ servers, several of the companies — including Google, Facebook, Microsoft and Apple — denied that the government could do so. Instead, the companies have negotiated with the government technical means to provide specific data in response to court orders, according to people briefed on the arrangements.
“Google cares deeply about the security of our users’ data,” the company said in a statement. “We disclose user data to government in accordance with the law and we review all such requests carefully. From time to time, people allege that we have created a government ‘backdoor’ into our systems, but Google does not have a ‘backdoor’ for the government to access private user data.”“Google cares deeply about the security of our users’ data,” the company said in a statement. “We disclose user data to government in accordance with the law and we review all such requests carefully. From time to time, people allege that we have created a government ‘backdoor’ into our systems, but Google does not have a ‘backdoor’ for the government to access private user data.”
While murky questions remained about the Internet company program, the confirmation of the calling log program solved a mystery that has puzzled national security legal policy observers in Washington for years: why a handful of Democrats on the Senate Intelligence Committee were raising cryptic alarms about Section 215 of the Patriot Act, the law Congress enacted after the 9/11 attacks.While murky questions remained about the Internet company program, the confirmation of the calling log program solved a mystery that has puzzled national security legal policy observers in Washington for years: why a handful of Democrats on the Senate Intelligence Committee were raising cryptic alarms about Section 215 of the Patriot Act, the law Congress enacted after the 9/11 attacks.
Section 215 made it easier for the government to obtain a secret order for business records, so long as they were deemed relevant to a national security investigation.Section 215 made it easier for the government to obtain a secret order for business records, so long as they were deemed relevant to a national security investigation.
Section 215 is among the sections of the Patriot Act that have periodically come up for renewal. Since around 2009, a handful of Democratic senators briefed on the program — including Ron Wyden of Oregon — have sought to tighten that standard to require a specific nexus to terrorism before someone’s records could be obtained, while warning that the statute was being interpreted in an alarming way that they could not detail because it was classified.Section 215 is among the sections of the Patriot Act that have periodically come up for renewal. Since around 2009, a handful of Democratic senators briefed on the program — including Ron Wyden of Oregon — have sought to tighten that standard to require a specific nexus to terrorism before someone’s records could be obtained, while warning that the statute was being interpreted in an alarming way that they could not detail because it was classified.

Reporting was contributed by Eric Schmitt, Jonathan Weisman and James Risen from Washington; Brian X. Chen from New York; Vindu Goel, Claire Cain Miller, Nicole Perlroth, Somini Sengupta and Michael S. Schmidt from San Francisco; and Nick Wingfield from Seattle.

Reporting was contributed by Eric Schmitt, Jonathan Weisman and James Risen from Washington; Brian X. Chen from New York; Vindu Goel, Claire Cain Miller, Nicole Perlroth, Somini Sengupta and Michael S. Schmidt from San Francisco; and Nick Wingfield from Seattle.