Tag: Intelligence

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Quotations

2013.8.1

When members of the intelligence community brief Congress on highly classified programs, they’re incentivized to do so in a way that provides the necessary amount of detail to satisfy legal and administrative requirements, and not a shred more. Since most members of the intelligence committees aren’t experts, an imbalance is built into the system. The briefers will use technical language, knowing that members often can’t share with their staffs enough information to develop follow-up questions. Members know this and tend to be the alert for weasel words or any hints or indications that there are depths to the particular program that might not be visible in a briefing. The less trust there is between institutions, the more games are played in the briefings. These games have become endemic, which for oversight is troubling. The less trust we have in government, the more likely it is for freelancers and hobbyists, people who traffic in classified information that is expressly often pulled from its context, to decide whether to publish secrets. Don’t blame this on the lone wolves. Blame it on the gatekeepers for failing to maintain credibility.

Marc Ambinder and D.B. Grady, Deep State: Inside the Government Secrecy Industry
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Writing

New Zealand Reveals the ‘Five Eyes’ Spying on Each Other

In an interesting bit of news, it seems we can certifiably state that the NSA spied on a New Zealand journalist at the behest of the New Zealand government. The government has apparently classified journalists alongside foreign intelligence services and ‘organizations with extreme ideologies’ (read: terrorists). The government’s defence security staff “viewed investigative journalists as ”hostile“ threats requiring ”counteraction“. The classified security manual lists security threats, including ”certain investigative journalists“ who may attempt to obtain ”politically sensitive information“.”[1]

So, while the information about the surveillance is shocking in its own right, there is also an important tidbit of information that can derived from the US intelligence services’ actions: despite the supposedly sacrosanct prohibition the Five Eyes partners not spy on one another, this prohibition was broken in this instance. Though Canadian experts have previously stated that such surveillance on Five Eyes partners would be an extreme exception, it’s striking that surveillance mechanisms designed to counter the FSB are being brought to bear on investigative journalists. That the NSA and other American intelligence services turned their ‘ears’ towards a journalist at the New Zealand government’s behest suggests that, despite protestations to the contrary, ‘friendly’ intelligence services do ‘help’ one another spy on people and groups that domestic intelligence services are prohibited from monitoring for either legal or technical reasons.

Reasonable people can disagree on how and why intelligence services operate. However, the routine (mis)information that has been put forward by Western agencies concerning governmeing spying has significantly undermined any foundation for a genuine democratic debate to arise around such spying. When the United States’ Director of National Intelligence asserts that he was providing the “least untruthful” answers to elected officials questioning dragnet surveillance, and supposed ‘red lines’ are being crossed in secret to target journalists tasked with providing truthful reporting to citizens, then the ability to support or even reform intelligence practices is undermined: why shouldn’t we, the people, radically and unilaterally curtail surveillance practices if the same services and their administrative officers won’t truthfully disclose even their most basic operational guidelines?

  1. I should note that, following the revelations that the NZ government is monitoring journalists and classed them alongside foreign intelligence sources and extremist organizations, the government has publicly come out against these allegations.  ↩
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Quotations

2013.7.19

Mark Zuckerberg runs a giant spy machine in Palo Alto, California. He wasn’t the first to build one, but his was the best, and every day hundreds of thousands of peopl eupload the most intimate details of their lives to the Internet. The real coup wasn’t hoodwinking the public into revealing their thoughts, closest associates, and exact geographic coordinates at any given time. Rather, it was getting the public to volunteer that information. Then he turned off the privacy settings.

…

If the state had organized such an informationd rive, protestors would have burned down the White House. But the state is the natural beneficary of this new “social norm.” Today, that information is regularly used in court proceedings and law enforcement. There is no need for warrants or subpoenas. Judges need not be consulted. Th Forth Amendment does not come into play. Intelligence agencies don’t have to worry about violating laws protecting the citizenry from wiretapping and information gathering. Sharing information “more openly” and with “more people” is a step backward in civil liberties. And spies, whether foreign and domestic, are “more people,” too.

Marc Ambinder and D.B. Grady. (2013). Deep State: Inside the Government Secrecy Industry. New Jersey: Wiley. Pp. 27.
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Quotations

2013.2.18

The [intelligence] professionals’ task is therefore to keep judgements anchored to what the intelligence actually reveals (or does not reveal) and keep in check any predisposition of policy-makers to pontificate … of trying to make nasty facts go away by the magical process of emitting loud noises in the opposite direction.

Sir David Omand, “Reflections on Secret Intelligence”
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Links Writing

Question to SCOTUS: Can we even bring legal action over warrantless spying?

The EFF continues it’s long slog to challenge the US government’s warrantless wiretapping. At this point a series of cases have been dismissed, though the Supreme Court is now hearing a case to ascertain whether those who have been affected by the dragnet surveillance – lawyers, journalists, human rights lawyers – can challenge the statute given that it “prevents them from doing their job without taking substantial measures when communicating to overseas witnesses, sources and clients.”

This is an incredibly serious case. The outcome will not decide the legality of the statute itself but just whether it can be challenged. By anyone. A dismissal of the case – that is, a decision declaring that no one clearly has standing to challenge the statute – would prevent the existing intelligence operations from ever being challenged so long as the government avoids bringing warrantlessly-accessed data into a trial as evidence.

Watch this case; if it goes sideways then the American government will have (effectively) been given license by the highest court in the land to surveil Americans, without warrant, and without an effective means to prevent the surveillance.

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Links Writing

The Importance of ZTE Security Deficits

A great of speculation exists around mobile companies of all stripes: are they secure? Do they secretly insert backdoors for government? What kinds of assurances do customers and citizens have around the devices?

Recently these concerns exploded (again) following a Reuters article that notes serious problems in ZTE mobile phones. There are a series of reasons that security agencies can, and do, raise concerns about foreign built equipment (some related more to economics than good security practice). While it’s possible that ZTE’s vulnerabilities were part of a Chinese national-security initiative, it’s entirely likely (and more probable) that ZTE’s backdoor access into their mobiles is a genuine, gigantic, mistake. Let’s not forget that even ‘our’ companies are known for gross security incompetence.

In the ZTE case it doesn’t matter if the backdoor was deliberate or not. It doesn’t matter if the company patches the devices, either, because a large number of customers will never apply updates to their phones. This means that, for all intents and purposes, these devices will have well publicized security holes for the duration of their existence. It’s that kind of ongoing vulnerability – one that persists regardless of vendor ‘patches’ – that is increasingly dangerous in the mobile world, and a threat that is arguably more significant (at the moment) than whether we can trust company X or Y.

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Links Writing

The Nature of UK Rendition Processes

The Guardian has an excellent bit of coverage on UK-led rendition practices. These practices entailed collaborating with Libya and China to turn over members of the Libyan Islamic Fighting Group, an anti-Gaddafi organization. Ian Cobain, the journalist, precisely notes the kinds of experiences that UK and American agents subjected members of the organization to during their capture and transit to Libya.

It’s a harrowing read, but important, as it details the significance and associated dangers of the state’s secret extension of powers. It also recognizes that states will ‘turn’ on individuals and groups that they had once supported on the basis of building economic relations with a new ‘friend’. Perhaps most ominously, the article outlines how the secret court processes – where neither the accused nor their counsel are permitted to view or argue about evidence against the accused – have had their rulings ignored. Even the judges in these secret cases cannot impose their power on the state, indicating that arms of the government are entirely divorced from the accountability required for democratic institutions to (normatively) survive.

The only way to stop these kinds of practices is for the public to stop quietly ignoring the erosion of their democracies, civil liberties, and basic freedoms. It remains unclear how this can be done, but given the expansion of the state’s perception of its executive powers, it is imperative that citizens vigorously and actively begin protecting their democracies before the last shreds of democracy are truly lost.

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Quotations

The NSA was quite aware that many new network systems were being built rapidly during the dotcom boom, and if cryptography wasn’t built in at the start, it should usually be too expensive to retrofit it later. So each year the NSA held the line on crypto controls meant dozens of systems open to surveillance for decades in the future. In these terms, the policy was successful: little of the world’s network traffic is encrypted, the main exceptions being DRM-protected content, Skype, the few web pages that are protected by TSL, opportunistic TLS encryption between mail servers, SSH traffic, corporate VPNs and online computer games. Everything else is pretty much open to interception – including masses of highly sensitive mail between companies.

~R. Anderson. (2008). Security Engineering: Second Edition. Indianapolis: Wiley Publishing Inc. Pp. 795.

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‘Going Dark’ Versus a ‘Golden Age for Surveillance’

A critical read about the contemporary aims of intelligence and policing communities to expand their technical surveillance capabilities whilst reducing legal oversight of their activities. A snippet:

This post casts new light on government agency claims that we are “going dark.” Due to changing technology, there are indeed specific ways that law enforcement and national security agencies lose specific previous capabilities. These specific losses, however, are more than offset by massive gains. Public debates should recognize that we are truly in a golden age of surveillance. By understanding that, we can reject calls for bad encryption policy. More generally, we should critically assess a wide range of proposals, and build a more secure computing and communications infrastructure.

Go read the whole piece. It’ll take a few minutes, but it’ll be some of the best minutes you’ve spent today.