Unmasking the Five Eyes’ global surveillance practices | GISWatch

Followers, You NEED to read this whole article!!! You will learn more about the depth of global surveillance and our lack of privacy in 5 minutes than most have in the year since the Snowden revelations! Read it, you will be glad you took the time.


Report Year: 2014 - Communications surveillance in the digital age
Authors: Carly Nyst Anna Crowe
Organization: Privacy International
Website: https://privacyinternational.org


The revelations of the last year – made possible by NSA-whistleblower Edward Snowden – on the reach and scope of global surveillance practices have prompted a fundamental re-examination of the role of intelligence services in conducting coordinated cross-border surveillance. The Five Eyes alliance – comprised of the United States National Security Agency (NSA), the United Kingdom’s Government Communications Headquarters (GCHQ), Canada’s Communications Security Establishment Canada (CSEC), the Australian Signals Directorate (ASD), and New Zealand’s Government Communications Security Bureau (GCSB) – is the continuation of an intelligence partnership formed in the aftermath of the Second World War. The patchwork of secret spying programmes and intelligence-sharing agreements implemented by parties to the Five Eyes arrangement constitutes an integrated global surveillance arrangement that now covers the majority of the world’s communications. Operating in the shadows and misleading the public, the Five Eyes agencies boast in secret how they “have adapted in innovative and creative ways that have led some to describe the current day as ‘the golden age of SIGINT [signals intelligence]’.”2

This report summarises the state of understanding about the Five Eyes global domination of communications networks, and explains the most concerning surveillance capabilities developed by the intelligence agencies. It also explores the implications of expanded surveillance powers for the rights to privacy and free expression, and the free flow of information and ideas throughout global communications networks. Finally, it canvasses some of the ways that Privacy International is seeking to unpick the Five Eyes alliance and argues for the restoration of privacy and security in digital communications.
The Five Eyes

Beginning in 1946, an alliance of five countries (the US, the UK, Australia, Canada and New Zealand) developed a series of bilateral agreements over more than a decade that became known as the UKUSA (pronounced yew-kew-zah) agreement. This established the “Five Eyes” alliance for the purpose of sharing intelligence, but primarily signals intelligence (hereafter “SIGINT”). The close relationship between the five states is evidenced by documents recently released by Snowden. Almost all of the documents include the classification “TOP SECRET//COMINT//REL TO USA, AUS, CAN, GBR, NZL” or “TOP SECRET//COMINT//REL TO USA, FVEY”. These classification markings indicate the material is top-secret communications intelligence (aka SIGINT) material that can be released to the US, Australia, Canada, UK and New Zealand. Notably while other alliances and coalitions exist, such as the North Atlantic Treaty Organization, none of the documents that have thus far been made public refer to any of these arrangements, suggesting the Five Eyes alliance is the preeminent SIGINT collection alliance.

The Five Eyes agencies are playing a dirty game. They have found ways to infiltrate all aspects of modern communications networks: forcing companies to hand over their customers’ data under secret orders, and secretly tapping fibre optic cables between the same companies’ data centres anyway; accessing sensitive financial data through SWIFT, the world’s financial messaging system; spending years negotiating an international agreement to regulate access to the data through a democratic and accountable process, and then hacking the networks to get direct access; threatening politicians with trumped-up threats of impending cyber war while conducting intrusion operations that weaken the security of networks globally; and sabotaging encryption standards and standards bodies, thereby undermining the ability of internet users to secure information.

The Five Eyes is a close-knit group. The level of cooperation under the UKUSA agreement is so complete that “the national product is often indistinguishable.”3 This has resulted in former intelligence officials explaining that the close-knit cooperation that exists under the UKUSA agreement means “that SIGINT customers in both capitals seldom know which country generated either the access or the product itself.”4 In addition to fluidly sharing collected SIGINT, it is understood that many intelligence facilities run by the respective Five Eyes countries are jointly operated, even jointly staffed, by members of the intelligence agencies of Five Eyes countries. Each facility collects SIGINT, which can then be shared with the other Five Eyes states.

Code-named programmes that have been revealed to the public over the last decade go some way to illustrating how the Five Eyes alliance collaborates on specific programmes of activity and how information is shared. One important example is the TEMPORA programme, revealed by Snowden. By placing taps at key undersea fibre-optic cable landing stations, the programme is able to intercept a significant portion of the communications that traverse the UK. The Guardian has reported that 300 analysts from GCHQ and 250 from the NSA were directly assigned to examine material collected.5 TEMPORA stores content for three days and metadata for 30 days.

Once content and data are collected, they can be filtered. The precise nature of GCHQ’s filters remains secret. Filters could be applied based on type of traffic (e.g. Skype, Facebook, email), origin/destination of traffic, or to conduct basic keyword searches, among many other purposes. Reportedly, approximately 40,000 search terms have been chosen and applied by GCHQ, and another 31,000 by the NSA to information collected via TEMPORA. GCHQ have had staff examining collected material since the project’s inception in 2008, with NSA analysts brought to trial runs of the technology in summer 2011. Full access was provided to NSA by autumn 2011. An additional 850,000 NSA employees and US private contractors with top-secret clearance reportedly also have access to GCHQ databases. GCHQ received £100 million (USD 160 million) in secret NSA funding over the last three years to assist in the running of this project.6

A core programme that provides filtering capability is known as XKEYSCORE. It has been described by internal NSA presentations as an “analytic framework” which enables a single search to query a “3-day rolling buffer” of “all unfiltered data” stored at 150 global sites on 700 database servers.7 The NSA XKEYSCORE system has sites that appear in Five Eyes countries.8 The system indexes email addresses, file names, IP addresses and port numbers, cookies, webmail and chat usernames and buddylists, phone numbers, and metadata from web browsing sessions including searches queried, among many other types of data that flow through their collection points.

While UKUSA is often reported as having created a “no spy pact” between Five Eyes states, there is little in the original declassified documents from the 1940s and 1950s to support such a notion. Crucially, first and foremost, no clause exists that attempts in any form to create such an obligation. As best as can be ascertained, it seems there is no prohibition on intelligence gathering by Five Eyes states with respect to the citizens or residents of other Five Eyes states. There is instead, it seems, a general understanding that citizens will not be directly targeted, and where communications are incidentally intercepted, there will be an effort to minimise the use and analysis thereof by the intercepting state. Outside the Five Eyes, everyone else is fair game, even if they have a separate intelligence-sharing agreement with one or several Five Eyes members.9
The rights implications

The world has changed dramatically since the 1940s; then, private documents were stored in filing cabinets under lock and key, and months could pass without one having the need or luxury of making an international phone call. Now, private documents are stored in unknown data centres around the world, international communications are conducted daily, and our lives are lived – ideas exchanged, financial transactions conducted, intimate moments shared – online.

With the advent of the internet and new digital forms of communication, now most digital communications take the fastest and cheapest route to their destination, rather than the most direct. This infrastructure means that the sender has no ability to choose, nor immediate knowledge of, the route that their communication will take. This shift in communications infrastructure means that communications travel through many more countries, are stored in a variety of countries (particularly through the growing popularity of cloud computing) and are thus vulnerable to interception by multiple intelligence agencies. From their bases within the territory of each country, each Five Eyes intelligence agency collects and analyses communications that traverse their territory and beyond.

An analysis of the legal provisions in each of the Five Eyes countries reveals that they fall far short of describing the fluid and integrated intelligence-sharing activities that take place under the ambit of the Five Eyes arrangement with sufficient clarity and detail to ensure that individuals can foresee their application.10 None of the domestic legal regimes set out the circumstances in which intelligence authorities can obtain, store and transfer nationals’ or residents’ private communication and other information that are intercepted by another Five Eyes agency, nor which will govern the circumstances in which any of the Five Eyes states can request the interception of communications by another party to the alliance. The same applies to obtaining private information such as emails, web histories, etc., held by internet and other telecommunication companies. Carefully constructed legal frameworks provide differing levels of protections for internal versus external communications, or those relating to nationals versus non-nationals.

The Five Eyes agencies are seeking not only to defeat the spirit and purpose of international human rights instruments, they are in direct violation of their obligations under such instruments. The right to privacy is an internationally recognised right.11 The way the global communications infrastructure is built requires that the right to privacy of communications can be exercised globally, as communications can be monitored in a place far from the location of the individual to whom they belong. When an individual sends a letter, email or text message, or makes a phone call, that communication leaves their physical proximity, and travels to its destination. In the course of its transmission the communication may pass through multiple other states and, therefore, multiple jurisdictions. The right to privacy of the communication remains intact, subject only to the permissible limitations set out under human rights law. Accordingly, whenever Five Eyes countries interfere with the communication of an individual, thus infringing upon their privacy, they invoke jurisdiction over that individual, and have to comply with human rights obligations accordingly.

The practice of mass surveillance detailed in the Snowden documents is contrary to international law. The Special Rapporteur on the promotion and protection of the right to freedom of expression and opinion, for example, has described the invasiveness of mass interception of fibre-optic cables: “By placing taps on the fibre optic cables, through which the majority of digital communication information flows, and applying word, voice and speech recognition, States can achieve almost complete control of tele- and online communications.”12

The Special Rapporteur reasons that “[m]ass interception technology eradicates any considerations of proportionality, enabling indiscriminate surveillance. It enables the State to copy and monitor every single act of communication in a particular country or area, without gaining authorization for each individual case of interception.”13
Taking action

The intelligence agencies of the Five Eyes countries conduct some of the most important, complex and far-reaching activities of any state agency, and they do so behind the justification of a thicket of convoluted and obfuscated legal and regulatory frameworks. The laws and agreements that make up the Five Eyes arrangement and apply it to domestic contexts lack any semblance of the clarity or accessibility necessary to ensure that the individuals whose rights and interests are affected by them are able to understand their application. Their actions have been justified in secret, on the basis of secret interpretations of international law and classified agreements. By remaining in the shadows, our intelligence agencies – and the governments who control them – have removed our ability to challenge their actions and their impact upon our human rights. We cannot hold our governments accountable when their actions are obfuscated through secret deals and covert legal frameworks. Secret, convoluted or obfuscated law can never be considered law within a democratic society governed by the rule of law.

We must move towards an understanding of global surveillance practices as fundamentally opposed to the rule of law and to the well-established international human right to privacy. In doing so, we must break down legal frameworks that obscure the activities of the intelligence agencies or that preference the citizens or residents of Five Eyes countries over the global internet population. Trust must be restored, and our intelligence agencies must be brought under the rule of law. Transparency around and accountability for secret agreements is a crucial first step.

Privacy International has spent the last year trying to unpick the Five Eyes alliance. We have sent freedom of information requests to intelligence agencies in each of the five countries, seeking access to the secret agreements that govern the Five Eyes. We have brought legal cases against Britain’s GCHQ for mass surveillance and hacking activities, and have sought avenues to take similar complaints in other jurisdictions. We filed a complaint under the OECD Guidelines for Multinational Enterprises against the seven telecommunications companies facilitating UK interception of fibre-optic cables. We have written to the Australian Inspector-General of Intelligence and Security asking her to commence an investigation into the ASD, and to the US Treasury Department and to every data protection authority in Europe seeking an investigation into the SWIFT hacking.

Now we are calling for the UN to appoint a Special Rapporteur on the right to privacy, to ensure that privacy and surveillance issues stay high on the agenda in the Human Rights Council. Support our work here: www.privacyinternational.org.

This paper is based substantially on “Eyes Wide Open”, a report published by Privacy International in November 2013, available at: https://www.privacyinternational.org/reports/eyes-wide-open

2 NSA SIGINT Strategy, 23 February 2012, available at: www.nytimes.com/interactive/2013/11/23/us/politics/23nsa-sigint-strategy-document.html?ref=politics&gwh=5E154810A5FB56B3E9AF98DF667AE3C8

3 Aldrich, R. (2004). Transatlantic intelligence and security cooperation. International Affairs, 80(4), 731-753. www2.warwick.ac.uk/fac/soc/pais/people/aldrich/publications/inta80_4_08_aldrich.pdf

4 Lander, S. (2007). International intelligence cooperation: An inside perspective. Cambridge Review of International Affairs, 17(3), p. 487.

5 The Guardian quotes an internal GCHQ report that claims “GCHQ and NSA avoid processing the same data twice and proactively seek to converge technical solutions and processing architectures.” It was additionally reported that the NSA provided GCHQ with the technology necessary to sift through the material collected.

6 MacAskill, E. (2013, November 2). Portrait of the NSA: no detail too small in quest for total surveillance. The Guardian. www.theguardian.com/world/2013/nov/02/nsa-portrait-total-surveillance7 The Guardian (2013, July 31). XKeyscore presentation from 2008. www.theguardian.com/world/interactive/2013/jul/31/nsa-xkeyscore-program-full-presentation

8 Ibid., p. 5.

9 Poitras, L. et al. (2013, July 1). How the NSA targets German and Europe. Spiegel Online. www.spiegel.de/international/world/secret-documents-nsa-targeted-germany-and-eu-buildings-a-908609.html

10 Privacy International. (2013). Eyes Wide Open. https://www.privacyinternational.org/reports/eyes-wide-open

11 Article 17 (1) of the International Covenant on Civil and Political Rights provides: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”

12 Report of the Special Rapporteur on the promotion and protection of the right to freedom of expression and opinion, Frank La Rue, 17 April 2013, A/HRC/23/40, para. 38. www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf

13 Ibid., para. 62.

Notes:

This report was originally published as part of a larger compilation: “Global Information Society wach 2014: Communications surveillance in the digital age” which can be downloaded from http://www.giswatch.org/2014-communications-surveillance-digital-age.

Creative Commons Attribution 3.0 Licence ‹creativecommons.org/licenses/by-nc-nd/3.0› Some rights reserved.

ISSN: 2225-4625

ISBN: 978-92-95102-16-3

APC-201408-CIPP-R-EN-DIGITAL-207

How Hong Kong Protesters Are Connecting, Without Cell Or Wi-Fi Networks

Source: NPR

As throngs of pro-democracy protesters continue to organize in Hong Kong’s central business district, many of them are messaging one another through a network that doesn’t require cell towers or Wi-Fi nodes. They’re using an app called FireChat that launched in March and is underpinned by mesh networking, which lets phones unite to form a temporary Internet.

So far, mesh networks have proven themselves quite effective and quickly adopted during times of disaster or political unrest, as they don’t rely on existing cable and wireless networks. In Iraq, tens of thousands of people have downloaded FireChat as the government limits connectivity in an effort to curb ISIS communications. Protesters in Taiwan this spring turned to FireChat when cell signals were too weak and at times nonexistent.

And FireChat’s popularity is surging in Hong Kong. About 100,000 users downloaded the free FireChat app between Sunday morning and Monday morning, according to The Wall Street Journal. While there are no reports of cell-network outages so far, student leaders are recommending FireChat for fear authorities may shut off communications.
Read More…

Children-paralyzing virus spreads across 40 states

Source: RT

Several hundred US kids are being treated for Enterovirus 68 – a respiratory illness that can cause children to become paralyzed. Outbreaks of the virus have been detected in most of the fifty states.

So far, the virus has infected 443 children in 40 states, and the District of Columbia, according to the US Centers for Disease Control and Prevention (CDC).

Abbreviated as EV-D68, the virus was first identified 50 years ago. However, it has rarely been tested for until cases started appearing in the US Midwest and Southwest this year.

EV-D68 causes symptoms similar to the common cold but progresses into wheezing, breathing problems and paralysis.

There is no drug yet for the current strain of the virus, so treatment is focused on helping patients to breathe.

CDC, state health officials and doctors announced last week they were investigating nine cases of children with muscles weakness or paralysis linked to the virus at the Children’s Hospital Colorado. Most had the respiratory illness but then came down with an unspecified “acute neurological illness.” Four of the eight tested positive for the enterovirus, while eight of the nine had up-to-date polio vaccinations.

“The severity is what triggered our concern,” said Mark Pallansch, director of the CDC’s Division of Viral Diseases.

The number of ill children might increase once the backlog of specimens has been tested, CDC said.

EV-D68 is one of some 100 different non-polio enteroviruses attacking about 10-15 million infants and children a year. Young people are most at risk of getting sick as their immune systems have not fully developed. Especially vulnerable are the children suffering from asthma.

The polio-like paralysis cases are not as frequent, but a California research team reported limb paralysis cases in five children as early as February. They did not regain the use of their limbs. Two of them were confirmed with EV-68 and respiratory illness before the symptoms began, and all of the children had been previously vaccinated against poliovirus.

Newly identified strains of the enterovirus have also been reported among children in Asia and Australia, causing polio-like symptoms.

Time for the US to Dump the Word "Homeland"

It’s time to do away with the word “homeland.”

As the situation with ISIS continues to escalate, and as worries about terrorist attacks on US soil continue to spread, we’re hearing the term “homeland” mentioned more and more.

Ever since it first stole the spotlight with the creation of the Department of Homeland Security in the months after 9/11, the term “homeland” has become ingrained in US society.

But, as Chris Matthews pointed out on his MSNBC show recently, there’s something strange and creepy about the term.

Matthews said that, “It’s a term used by the neocons, they love it. It suggests something strange to me. Like who else are we defending except America? Why don’t you just say ‘America’? Why doesn’t [Obama] say we defended against attacks against this country? As if we’re facing some existential Armageddon threat from these people. Do you buy the phrase ‘homeland’? I never heard it growing up, never heard it in my adulthood. It’s a new word. Why are we using it? Is there some other place we’re defending? What are we talking about when we say ‘homeland’? What’s it about?”

While Chris has really hit the nail on the head when it comes to the term “homeland,” it’s important that you know, as Paul Harvey used to say, “the rest of the story” behind this “strange” term.

First, it’s really not a new word at all.

In fact, it’s been around for a very long time and has a very dark history.

As Josh Marshall over at Talking Points Memo pointed out, the term homeland, “really does have a deep blood and soil tinge to it which is distinctly Germanic, more than a touch un-American, and a little creepy.”

That “blood and soil” that Marshall is referring to was one of the really big slogans of Hitler’s Nazi Germany. “Blood and soil - we Germans are the products of this earth, we are a race unique from all others.”

Perhaps ironically, Hitler stole the term “homeland” from the 1920s and 1930s Zionist movement’s goal to create a Jewish “homeland” in the Middle East, Hitler wanted to create a “racial” identity for the German people that was tied to German soil.

He wanted to create an identity that went beyond language and culture. He wanted to invent a “German race,” and have Germany be that race’s “homeland,” all so he could sell to the German people their own racial superiority and use that to justify exterminating others.

So, in 1934, at the Nazi party’s big coming-out event, the famous Nuremberg rally, Nazis introduced the term “homeland.”

Prior to that, they’d always referred to Germany as “the Fatherland” or “the Motherland” or “our nation.”

But Hitler and his think-tank wanted Germans to think of themselves with what he and Goebbels viewed as the semi-tribal passion that the Zionists had for Israel.

So, in that most famous 1934 Nazi rally’s opening speech, Rudolph Hess, Hitler’s deputy Fuhrer, said that, “Thanks to [Hitler’s] leadership, Germany will become the homeland. Homeland for all Germans in the world.”

Of course, that’s the translated version. “Homeland” in German is “heimat.”

"Heimat" was used throughout the reign of Hitler and throughout World War II.

Nazi’s loved the word, and attached it to everything they could, like the “Nazi Homeland Defense Forces,” or the Heimwehr.

But, immediately after Nazi Germany was defeated and World War II came to a close, the word all but disappeared from German vernacular.

Post-war Germans were ashamed to use a word that stood for such terrible things.

Fast-forward nearly 70 years, and while Germans still won’t say it, the word “homeland” is everywhere in the United States. Bush and Cheney rolled it out in a big way after 9/11, and our media managed to completely ignore the dark history of the word.

But it’s a history that carries with it a danger - the danger that we may begin to think of ourselves as an “exceptional” people, a “race apart” because of our national identification. That we may start to think of the United States as a “homeland.”

It’s time to retire this artifact of the Nazi era.

Let’s rename the Department of “Homeland” Security, and remove from the United States’ self-description this dark, strange and creepy term.

This article was first published on Truthout and any reprint or reproduction on any other website must acknowledge Truthout as the original site of publication.

This country was allowed to be taken over by Nazis, starting after world war II using Operation Paperclip. Our country brought over Nazis scientists and engineers instead of having them tried and convicted of war crimes. The decedents of those Nazis have completely taken over the government - either by being politicians themselves or by buying off our politicians through their corporations. NO I am not being paranoid, these are facts that you can verify. W’s Grandfather was a Nazi and ran a bank to fund them and their extermination activities. Do you really think that either Bush somehow managed to avoid following Nazism? Bush 1 always talked about the New World Order he was trying to bring about and Bush 2 - well look at the above article just for starters and you will see Nazism all throughout our government organizations. This really sickens me and we all need to be speaking out against this before it becomes impossible to speak out at all.

Another Mideast War (image by stopwar.org.uk) It is easy to predict what will happen as the United States chooses to start another overseas war. It’s easy because we’ve done it so many times before and once more we have chosen to ignore the lessons of our previous foreign invasions. Here are eleven predictions we can count on: 1) Our military will kill a lot of people, a great many of whom will be civilians. 2) Citizens of the territories we invade will hate us for it and we will make new enemies, many of whom will be easy fodder for terrorist recruitment. 3) Many American soldiers will die or be traumatized by war and come home broken in body and spirit. We will be paying for their care (and aberrant behavior) for many decades. 4) The wars will cost more than they are supposed to and will deplete the U.S. treasury of billions—if not trillions—of dollars. 5) Despite the cost, certain segments in our society—weapons manufacturers, the Pentagon, security companies, cable news networks among them—will profit greatly. 6) The weapons we provide to our friendly rebels will eventually be used against us. 7) We will have other nations as allies, but the U.S. will provide more than 95% of the fighting and funding. 8) The American people will be lied to and manipulated with fear, thus giving the government further opportunities to spy upon or restrict the Constitutional rights of its citizens. 9) If we eventually provoke a terrorist counterattack on our soil, Americans can kiss their remaining freedoms goodbye. 10) Our stated objectives will fail to be accomplished. 11) Government propagandists and supporters of the war will try to convince us that we are winning. You can count on these predictions coming true, because they always do when we start wars overseas—Vietnam, Afghanistan and Iraq being prime examples. But the massive military-industrial-security-media complex and their cheerleaders cannot resist. So hang on—because here we go again. We should be in the streets protesting and committing civil disobedience to stop this insanity!!! How long will we allow the banks and corporations who run our government to kill, torture, and committ genocide in our name just so they can make a profit?

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