Later On

A blog written for those whose interests more or less match mine.

How telecoms help the NSA spy on Americans

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Raymond Banner reports in ProPublica:

Over the past several months, the Obama Administration has defended the government’s far-reaching data collection efforts, arguing that only criminals and terrorists need worry. The nation’s leading internet and telecommunications companies have said they are committed to the sanctity of their customers’ privacy.

I have some very personal reasons to doubt those assurances.

In 2004, my telephone records as well as those of another New York Times reporter and two reporters from the Washington Post, were obtained by federal agents assigned to investigate a leak of classified information. What happened next says a lot about what happens when the government’s privacy protections collide with the day-to-day realities of global surveillance.

The story begins in 2003 when I wrote an article about the killing of two American teachers in West Papua, a remote region of Indonesia where Freeport-McMoRan operates one of the world’s largest copper and gold mines. The Indonesian government and Freeport blamed the killings on a separatist group, the Free Papua Movement, which had been fighting a low-level guerrilla war for several decades.

I opened my article with this sentence: “Bush Administration officials have determined that Indonesian soldiers carried out a deadly ambush that killed two American teachers.”

I also reported that two FBI agents had travelled to Indonesia to assist in the inquiry and quoted a “senior administration official” as saying there “was no question there was a military involvement.’’

The story prompted a leak investigation. The FBI sought to obtain my  phone records and those of  Jane Perlez, the Times bureau chief in Indonesia and my wife. They also went after the records of the Washington Post reporters in Indonesia who had published the first reports about the Indonesian government’s involvement in the killings.

As part of its investigation, the FBI asked for help from what is described in a subsequent government report as an “on-site communications service” provider. The report, by the Department of Justice’s Inspector General, offers only the vaguest description of this key player, calling it “Company A.’’

“We do not identify the specific companies because the identities of the specific providers who were under contract with the FBI for specific services are classified,’’ the report explained.

Whoever they were, Company A had some impressive powers. Through some means – the report is silent on how – Company A obtained  records of calls made on Indonesian cell phones and landlines by the Times and Post reporters. The records showed whom we called, when and for how long — what has now become famous as “metadata.”

Under DOJ rules, the FBI investigators were required to ask the Attorney General to approve a grand jury subpoena before requesting records of reporters’ calls. But that’s not what happened.

Instead, the bureau sent Company A what is known as an “exigent letter’’ asking for the metadata.

heavily redacted version of the DOJ report, released in 2010, noted that exigent letters are supposed to be used in extreme circumstances where there is no time to ask a judge to issue a subpoena. The report found nothing “exigent’’ in an investigation of several three-year-old newspaper stories.

The need for an exigent letter suggests two things about Company A. First, that it was an American firm subject to American laws. Second, that it had come to possess my records through lawful means and needed legal justification to turn them over to the government.

The report disclosed that the agents’ use of the exigent letter was choreographed by the company and the bureau. It said the FBI agent drafting the letter received “guidance” from “a Company A analyst.’’  According to the report, lawyers for Company A and the bureau worked together to develop the approach.

Not surprisingly, “Company A” quickly responded to the letter it helped write. In fact, it was particularly generous, supplying the FBI with records covering a 22-month period, even though the bureau’s investigationwas limited to a seven-month period.Altogether, “Company A” gave the FBI metadata on 1,627 calls by me and the other  reporters.

Only three calls were within the seven-month window of phone conversations investigators had decided to review.

It doesn’t end there. . . .

Continue reading.

Written by Leisureguy

3 October 2013 at 3:14 pm

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