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A Failure of Intelligence: the Echelon Interception System & the Fundamental Right to Privacy in Europe
Pace International Law Review Volume 14 Issue 2 Fall 2002 Article 7 September 2002 Post-Sept. 11th International Surveillance Activity - A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe Kevin J. Lawner Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Kevin J. Lawner, Post-Sept. 11th International Surveillance Activity - A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe, 14 Pace Int'l L. Rev. 435 (2002) Available at: https://digitalcommons.pace.edu/pilr/vol14/iss2/7 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. POST-SEPT. 11TH INTERNATIONAL SURVEILLANCE ACTIVITY - A FAILURE OF INTELLIGENCE: THE ECHELON INTERCEPTION SYSTEM & THE FUNDAMENTAL RIGHT TO PRIVACY IN EUROPE Kevin J. Lawner* I. Introduction ....................................... 436 II. Communications Intelligence & the United Kingdom - United States Security Agreement ..... 443 A. September 11th - A Failure of Intelligence .... 446 B. The Three Warning Flags ..................... 449 III. The Echelon Interception System .................. 452 A. The Menwith Hill and Bad Aibling Interception Stations .......................... 452 B. Echelon: The Abuse of Power .................. 454 IV. Anti-Terror Measures in the Wake of September 11th ............................................... 456 V. Surveillance Activity and the Fundamental Right to Privacy in Europe .............................. 460 A. The United Nations International Covenant on Civil and Political Rights and the Charter of Fundamental Rights of the European Union... 464 B. -
An Interview with James Bamford
Investigating the Puzzle Palace: An Interview with James Bamford BONNIE BRENNAN AND KATHERINE GILBERT QUESTION: Do you consider clandestine intelligence gathering a legitimate activity for a modern nation-state? BAMFORD: I think it is very legitimate; I ju.st think that it should be directed externally. It is unrealistic not to have clandestine activities, though to some extent NSA isn't even really engaged in clandestine collection. Thousands of signals are just falling down outside right now, and all they're doing is putting out a dish and collecting them. There's not really anything clandestine about it. A listening post is a large thing with big antennae that can be seen from the road. It's just technical collection gathering, and I don't think there's anything really wrong with that as long as they're concentrating on foreign countries. We assume foreign countries can do the same thing to the United States. The Soviet Union, I'm sure, has a big listening post in Cuba. I don't see anything wrong with that. QUESTION: In his book, The Codebreakers, David Kahn shows that intelligence gathering by nations is as old as civilization. In the nineteenth century, Clausewitz described "intelligence" as the "basis . of our own plans and operations" and posited that "unreliable and transient intelligence results in a flimsy structure that can easily collapse and bury us in its ruins." What, in your opinion, is the role of intelligence today? BAMFORD: The role of intelligence is to provide a government with a third eye to see what is going on in places where it can't otherwise see; it has expanded tremendously from thirty years ago when the concentration was on human intelligence. -
United States District Court Eastern District of Michigan Southern Division
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION FOUNDATION; AMERICAN CIVIL LIBERTIES Case No. 2:06-cv-10204 UNION OF MICHIGAN; COUNCIL ON AMERICAN-ISLAMIC RELATIONS; COUNCIL Hon. Anna Diggs Taylor ON AMERICAN-ISLAMIC RELATIONS MICHIGAN; GREENPEACE, INC.; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; JAMES BAMFORD; LARRY DIAMOND; CHRISTOPHER HITCHENS; TARA MCKELVEY; and BARNETT R. RUBIN, Plaintiffs, v. NATIONAL SECURITY AGENCY / CENTRAL SECURITY SERVICE; and LIEUTENANT GENERAL KEITH B. ALEXANDER, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service, Defendants. Larry J. Saylor (P28165) Peter T. Barbur (Admission Pending) MILLER, CANFIELD, PADDOCK AND STONE, PLC CRAVATH, SWAINE & MOORE LLP 150 West Jefferson, Suite 2500 Worldwide Plaza Detroit, Michigan 48226 825 Eighth Avenue (313) 963-6420 New York, NY 10019 [email protected] (212) 474-1000 Sidney S. Rosdeitcher (Admission pending) Attorneys for Amicus Curiae The Association Chair, Committee on Civil Rights of the Bar of the City of New York THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 1285 Avenue of the Americas New York, NY 10019-6064 (212) 373-3238 MEMORANDUM OF LAW OF AMICUS CURIAE THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK IN SUPPORT OF PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT TABLE OF CONTENTS Page TABLE OF AUTHORITIES……………………………………………………………………... ii I. STATEMENT OF INTEREST OF AMICUS CURIAE. ....................................................1 II. SUMMARY OF ARGUMENT...........................................................................................2 III. THE RELEVANT BACKGROUND..................................................................................3 IV. THE NSA SURVEILLANCE PROGRAM IMPERMISSIBLY IMPEDES ATTORNEY-CLIENT COMMUNICATIONS IN VIOLATION OF THE FIRST AND SIXTH AMENDMENTS...........................................................................................4 A. -
Security Agency Stops Public Access To
·.a:gF.· I··o·;A2919576 a : ,_______ ...,.,...._....__ ___________ _ THE SUN, Thursday, April 28, 1983 --------------------------~-------:---!"".A~7--. Security agency, stops public· access to letters ill private, lihrajfjr . secrecy stamp, in a ~ault the library agency's action, denounced it, in the officials told the librarians that visit .to 1969 by William F. Frieciman, a vlsit by two. NSA officials a~ n~~rt of New York Times News Service k · th · ,,.. uses to house secret data. words of one, as "a new form of cen- was part of a systematic effort to pioneer in cryptological wor ID e ·our continuing. review of research. / Washington ....:. The Natiqnal Secu· Ma,ny of the letters were cited by sorship." · track down and, if necessary, remove - United States and one of the security materials used by author· :Jam~ rity Agency (NSA), the nation's larg· · author James Bamford in his book · Mark H. Lynch, a lawyer for the from circulation research materials · agency's top code breakers. They Bamford." . · . • ' est and most secretive intelligence . "The Puzzle Palace," a critical report American Civil Liberties Union, ·said, · about sensitive matters that -were dealt primarily. with personal mat• '· The letter al.sO said. "It's obviolis organization, has directed a private about the agency that was published . "When the government starts barring used in Mr. Bamford's book, library ters, according to library officials. we share a 'common desire that col· library in Virginia to halt public ac last y~ar. The NSA. is responsible for· . the . public from seeing unclassified officials said. The letters contained _brief refer- lecUons of papers not be exploited un· cess to personal letters menti9ned in. -
A Reference Guide to Selected Historical Documents Relating to the National Security Agency/Central Security Service (NSA/CSS) 1931-1985
Description of document: A Reference Guide to Selected Historical Documents Relating to the National Security Agency/Central Security Service (NSA/CSS) 1931-1985 Requested date: 15-June-2009 Released date: 03-February-2010 Posted date: 15-February-2010 Source of document: National Security Agency Attn: FOIA/PA Office (DJP4) 9800 Savage Road, Suite 6248 Ft. George G. Meade, MD 20755-6248 Fax: 443-479-3612 Online form: Here The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. A REFERENCE GUIDE TO SELECTED HISTORICAL DOCUMENTS RELATING TO THE NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE 1931-1985 (U) SOURCE DOCUMENTS IN Compiled by: CRYPTOLOGIC HISTORY Gerald K. -
COMSEC Monitoring and Analysis, Though NSA Exerted Some Influence Through Its Annual Review of the Consolidated Cryptologic Program and Other Measures
SOUTH EAST AS IA Part One THIS DOCUMENT CONTAINS CODEWORD MATERIAL TOP SECRET NOFORN TOP SECRET UMBRA NOf?OltN CRYPTOLOGIC HISTORY SERIES SOUTHEAST ASIA Working Against the Tide (COM SEC Monitoring and Analysis) PART ONE (b) (3)-P.L. 86-36 Hiram M. Wolfe, I II, ASA Raymond P. Schmidt, NAVSECGRU Thomas N. Thompson, AFSS June 1970 TOP ~t:Cltt:T U~IBftA NOf?OftN SECURITY NOTICE Although the information contained in this journal ranges in security classification from UNCLASSIFIED to TOP SECRET CODEWORD, the overall security classification assigned to this issue is TOP SECRET UMBRA. The "No Foreign Nations" (NOFORN) caveat has been added to guard against inadvertent disclosure of portions of the text which discuss topics normally held to NOFORN channels. While the TSCW NOFORN classification by itself requires careful handling, additional caution should be exercised with regard to the present journal and others in the series because of the comprehensive treatment and broad range of the subject matter. TOP SECRET UMBRA HOFORH ---.--------- ------. -- 'f'Of S:EERE'f' UMBRA normm CRYPTOLOGIC HISTORY SERIES Southeast Asia Sponsors Vice Adm. Noel Gayler, USN Director, NSA Maj. Gen. Charles). Denholm, USA Commanding General. USASA Rear Adm. Ralph E. Cook, USN Commander, NAVSECGRU Maj. Gen. Carl W. Stapleton, USAF Commander, AFSS Joint Staff Juanita M. Moody Chief William D. Gerhard General Editor Lawton L. Sternbeck, ASA Hiram M. Wolfe, III ASA Raymond P. Schmidt NAVSECGRU Bob W. Rush, AFSS Thomas N. Thompson AFSS Mary Ann Bacon Editor 'fOF 3:ECR:E'f UMBRA HOFORPf 'fOP SECRE'f UMBRA ?WFORN Foreword Important as it is in peacetime, communications security becomes even more important in wartime. -
Questioning the National Security Agency's Metadata Program
I/S: A JOURNAL OF LAW AND POLICY FOR THE INFORMATION SOCIETY Secret without Reason and Costly without Accomplishment: Questioning the National Security Agency’s Metadata Program JOHN MUELLER & MARK G. STEWART* I. INTRODUCTION When Edward Snowden’s revelations emerged in June 2013 about the extent to which the National Security Agency was secretly gathering communications data as part of the country’s massive 9/11- induced effort to catch terrorists, the administration of Barack Obama set in motion a program to pursue him to the ends of the earth in order to have him prosecuted to the full extent of the law for illegally exposing state secrets. However, the President also said that the discussions about the programs these revelations triggered have actually been a good thing: “I welcome this debate. And I think it’s healthy for our democracy. I think it’s a sign of maturity because probably five years ago, six years ago, we might not have been having this debate.”1 There may be something a bit patronizing in the implication that the programs have been secret because we were not yet mature enough to debate them when they were put into place. Setting that aside, however, a debate is surely to be welcomed—indeed, much overdue. It should be conducted not only about the National Security Agency’s (NSA) amazingly extensive data-gathering programs to * John Mueller is a professor of political science at Ohio State University and a Senior Fellow at the Cato Insitute. Mark G. Stewart is a professor of engineering at the University of Newcastle, Australia. -
523696 REF ID:A523696 {U) Chapter 16 Cryptology and the Watergate
DOCID: 523696 REF ID:A523696 lOP SECRET I::JMBM {U) Chapter 16 Cryptology and the Watergate Era (U) BACKGROUND TO SCANDAL (U) The greatest political scandal in American history originated with an obscure note in the Metro seetion of the Washington Post on Sunday, June 18, 1972. In it, two ~etro . section reporters, Bob Woodward and Carl Bernstein, cove~ed what appeared to be an amateurish break-in at the Democratic National Headquarters in the Watergate Hotel in downtown Washington. (U) The Nixon administration managed to cover over the politi~l effects of the break-in until after the elections in Novem~r. But when Congress returned in January, it was ready to investigate. In February 1973, the Senate voted to establish a Select Committee, commonly referred to as the Ervin Committee after Senator Sam Ervin, Democratic senator from North Carolina, to hold hearings. At the time, no one associated with the committee knew where they would get information, since the administration was keeping a tight lip, and· the . Watergate burglars weren't•talking. But on March 23, one of the burglars, James McCord, turned state's evidence: The federal judg~, John Sirica, had been pressuring the defendants by threatening lengthy prison terms if they did not cooperate. Now McCord was cooperating, and the entire thing began to unravel. The president, concerned with get~g on with his second term. tried to shush the (U) Prealclent Nixon an4 hlalDner circle, 1973 whole thing. (U) The scandal, of course, would not shush. Instead, it mushroomed, swallowing first Nixon's White House staff', then much of his cabinet, and imally the president himself. -
Defendant's Motion for Disclosure of FISA-Related Material and To
Case: 1:12-cr-00723 Document #: 51 Filed: 08/09/13 Page 1 of 6 PageID #:213 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 12 CR 723 ) Judge Sharon Johnson Coleman ADEL DAOUD, ) ) Defendant. ) DEFENDANT’S MOTION FOR DISCLOSURE OF FISA-RELATED MATERIAL AND TO SUPPRESS THE FRUITS OR DERIVATIVES OF ELECTRONIC SURVEILLANCE AND ANY OTHER MEANS OF COLLECTION CONDUCTED PURSUANT TO FISA OR OTHER FOREIGN INTELLIGENCE GATHERING Defendant, ADEL DAOUD, by and through his attorneys, THOMAS ANTHONY DURKIN, JANIS D. ROBERTS, and JOSHUA G. HERMAN, pursuant to the Free Exercise, Free Speech, Search and Seizure, and Due Process clauses of the First, Fourth, and Fifth Amendments to the Constitution of the United States, as well as the relevant provisions of the Foreign Intelligence Surveillance Act (“FISA”), specifically 50 U.S.C. §1806(f) and (g), hereby moves for disclosure of FISA-related materials, and to suppress any fruits or derivatives of electronic surveillance and any other means of collection conducted pursuant to FISA or any other foreign intelligence gathering or any intelligence agencies of the United States. In support of this motion, Defendant, through counsel, shows to the Court the following: 1. On September 18, 2012, the government filed its “Notice of Intent to Use Foreign Intelligence Surveillance Act Information” (“FISA Notice”) (Dkt. #9). 2. On May 22, 2013, counsel for Defendant moved for notice of disclosure of FISA Amendments Act (“FAA”)evidence pursuant to 50 U.S.C. §§ 1881e(a) and 1806(c). Counsel specifically requested notice of: (1) whether the electronic surveillance described in its FISA Case: 1:12-cr-00723 Document #: 51 Filed: 08/09/13 Page 2 of 6 PageID #:214 Notice was conducted pursuant to the pre-2008 provisions of the FISA or, instead, the FAA; and, (2) whether the affidavit and other evidence offered in support of any FISA order relied on information obtained or derived from an FAA surveillance order. -
The Puzzle Palace: Archives and National Security
The Puzzle Palace: Archives and National Security In addition to the intelligence operations of the The Marshall Library has a long history of close better-known CIA and FBI, successive American cooperation with NSA. It exhibits museum items on presidents and their administrations have relied loan from the Agency. Fred C. Hadsel, director of on the National Security Agency, established by The George C. Marshall Research Foundation, told Harry Truman in 1952. NSA was created not by law the New York Times that the foundation's relation but by a top secret presidential memorandum ad ship with the government "is not and should not be dressed to the Secretary of State and Secretary (cont. on p. 2) of Defense. One of NSA's principal tasks is keeping secure codes for U.S. use and deciphering 1983 Election Results communications of foreign governments. Andrea Hinding, University of Minnesota, was The first book-length study of NSA, James Bamford's elected vice president of SAA in the 1983 elec The Puzzle Palace, was published in 1982. The tions. She will become president at the 1984 author, an investigative writer, cited research annual meeting in Washington, DC. Hinding is at the National Archives in accessioned records an SAA Fellow, a former Council member, and of the Departments of State, Defense, and Justice, editor of Women's History Sources: A Guide to and in NSA records released by the Agency after Archives and Manuscripts Collections in the United Freedom of Information Act requests. Additionally, States. Bamford cited the papers of William F. Friedman and General Marshall S. -
523696 REF ID:A523696 {U) Chapter 16 Cryptology and the Watergate
DOCID: 523696 REF ID:A523696 lOP SECRET I::JMBM {U) Chapter 16 Cryptology and the Watergate Era (U) BACKGROUND TO SCANDAL (U) The greatest political scandal in American history originated with an obscure note in the Metro seetion of the Washington Post on Sunday, June 18, 1972. In it, two ~etro . section reporters, Bob Woodward and Carl Bernstein, cove~ed what appeared to be an amateurish break-in at the Democratic National Headquarters in the Watergate Hotel in downtown Washington. (U) The Nixon administration managed to cover over the politi~l effects of the break-in until after the elections in Novem~r. But when Congress returned in January, it was ready to investigate. In February 1973, the Senate voted to establish a Select Committee, commonly referred to as the Ervin Committee after Senator Sam Ervin, Democratic senator from North Carolina, to hold hearings. At the time, no one associated with the committee knew where they would get information, since the administration was keeping a tight lip, and· the . Watergate burglars weren't•talking. But on March 23, one of the burglars, James McCord, turned state's evidence: The federal judg~, John Sirica, had been pressuring the defendants by threatening lengthy prison terms if they did not cooperate. Now McCord was cooperating, and the entire thing began to unravel. The president, concerned with get~g on with his second term. tried to shush the (U) Prealclent Nixon an4 hlalDner circle, 1973 whole thing. (U) The scandal, of course, would not shush. Instead, it mushroomed, swallowing first Nixon's White House staff', then much of his cabinet, and imally the president himself. -
How Much Is Too Much?
LINCOLN MEMORIAL UNIVERSITY LAW REVIEW __________________________________ VOLUME 3 FALL 2015 _____________________________________ THE NSA’S EAVESDROPPING OPERATIONS AFTER THE SNOWDEN REVELATIONS: HOW MUCH IS TOO MUCH? JANUARY 2015 SYMPOSIUM TRANSCRIPT James Bamford MR. JACOB BAGGETT: I have the pleasure of introducing Mr. James Bamford as our first speaker. Mr. Bamford is an award-winning journalist in the field of national security. The New York Times calls him the nation's premier journalist on the subject of the NSA. And his most recent book, "The Shadow Factory", which is on sale outside by Union Avenue Books, was named by the Washington Post as one of the best books of the year. And he's here to discuss the transformation of the NSA since September 11th. Please welcome Mr. Bamford. (Applause) MR. JAMES BAMFORD: Thanks very much. It's really great being here. I want to thank Matt Lyon and Melanie Reid, Jacob Baggett, and Lauren Mullins for taking really great care of me. It's really great being here. The fact that this university is named after NSA AFTER SNOWDEN 116 President Lincoln is really quite an honor for me because I've always admired one of the things he's said. And that is the quote he has up here. I think if he had been President about a dozen years ago, we might not have gotten into the war in Iraq. If you read his quote there, "[k]ings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object."1 He was very much against attacking countries without getting congressional approval.