The NSA releases its first transparency report under the US Freedom Act

Back in June, President Obama signed the USA Freedom Act into law. The bill finally put limitations on the NSA's ability to bulk collect telephone data under the controversial section 215 of the Patriot Act. As part of the new bill, the NSA was compe...

Leaked NSA audit shows privacy violations in cellular and fiber optic surveillance

NSA seal

The NSA insists that it respects American privacy, but documents leaked by Edward Snowden to the Washington Post suggest that the agency has trouble maintaining that respect. A May 2012 audit, buried in the documents, 2,776 incidents where the NSA's Washington-area facilities inadvertently obtained protected American data through a mix of human errors and technical limits. Among its larger gaffes, the NSA regularly had problems determining when foreign cellphones were roaming in the US, leading to unintentional snooping on domestic calls. The agency also spent months tapping and temporarily storing a mix of international and domestic data from US fiber lines until the Foreign Intelligence Surveilliance Court ruled that the technique was unconstitutional. NSA officials responding to the leak say that their agency corrects and mitigates incidents where possible, and argue that it's difficult for the organization to avoid errors altogether. However, the audit also reveals that the NSA doesn't always report violations to overseers -- the division may be interested in fixing mistakes, but it's not eager to mention them.

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Via: GigaOM

Source: Washington Post

France reportedly has its own PRISM-like data surveillance system

France reportedly has its own PRISMlike data snooping system

The US isn't the only western country with an all-seeing digital eye... at least, according to Le Monde. The news outlet claims that France's General Directorate for External Security has a PRISM-like system that captures and processes the metadata for "billions and billions" of communications, including internet messaging, phone calls, SMS and even faxes. The goal is ostensibly to track the behavior of terrorist cells, but the Directorate allegedly shares the anonymized information with other intelligence services, including the police. Whether or not residents can do much about the snooping, if real, is another matter. One source believes that it exists in a gray area, as French law reportedly doesn't account for the possibility of storing personal data this way. We're skeptical of claims that the Directorate can spy on "anyone, anytime," especially without official commentary, but we'd suggest that locals be careful with their secrets all the same.

Dan Cooper contributed to this report.

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Via: GigaOM

Source: Le Monde (translated)

US officials say less than 300 phone numbers were investigated in 2012, data thwarted terrorist plots

With all the coverage of PRSIM and the NSA's data collection have been getting recently, it's no surprise that the US government is eager to rationalize its actions. The crux of the latest defense seems to be that the government isn't using its treasure trove of data very often: according to recently declassified documents, the NSA used the database to investigate less than 300 phone numbers last year. These efforts reportedly prevented terrorist actions in more than 20 countries.

It's a small assurance, but a vague one, and the NSA knows it -- according to the Associated Press, the organization is trying to get the records of these thwarted plots declassified to demonstrate the program's value to concerned citizens. The reveal of such data might be a convincing argument, but disquieting revelations continue to roll out: members of congress are now reporting that the NSA has acknowledged that it does not need court authorization to listen to domestic phone calls. Either way, we're certainly open to more government transparency.

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Via: CNET (1), (2)

Source: AP

DoJ reportedly asks service providers to dodge Wiretap Act

It's funny how a few tweaks can make a Government program go from completely legal, to questionably so. A new secret authorization puts the US Justice Department on the fuzzy side of the legal line, approving the expansion of a program originally intended to monitor the internet traffic of military defense contractors to include energy, healthcare and finance sectors. The original program, known as the DIB Cyber Pilot, was voluntary, requiring users to approve monitoring via a login interface. Specific details on how the new program differs aren't known, but CNET reports that the Justice Department has begun issuing letters granting legal immunity to providers who violate the Wiretap Act for the sake of the program. These letters were sent to AT&T and other internet service providers, though it isn't clear how many have gone out.

Electronic Privacy Information Center executive director Marc Rotenberg summarized the situation for CNET, "The Justice Department is helping private companies evade federal wiretap laws. Alarm bells should be going off." The operation was approved by Executive order earlier this year, but remains on shaky ground. Still, these legal complications could soon vanish: if signed into law, the CISPA (Cyber Intelligence Sharing and Protection Act) would formally authorize the program. The expanded program doesn't go into effect until June 12th and will only apply to areas of critical infrastructure. Hungry for more information? Don your tinfoil hat, and check out CNET for the entire report.

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Source: CNET

France investigates Skype after it doesn’t register as a telecom provider (update: Skype response)

France investigates Skype after it doesn't register as a telecom provider

You can't completely pigeonhole Skype when it serves both as a partial substitute for traditional phone service and an instant messaging service with voice and video on top. Unfortunately, French telecom regulator ARCEP doesn't trade in ambiguities. It's launching an investigation into Skype after the Microsoft-owned division reportedly ignored requests to register itself as a telecom provider in the country. The authority is concerned that Skype is offering phone service without following local laws, including requirements to offer emergency calls and avenues for legal wiretaps. We've reached out to Skype for its side of the story, although there's no certainty that ARCEP will have to take action, regardless -- Skype has long disclaimed that it's not a full phone replacement and won't work for true emergencies. If France asks for compliance, however, Skype may have to either solve a seemingly unsolvable problem or face withdrawing at least some of its services. We wouldn't count on always having VoIP in Versailles.

Update: A Skype spokesperson answered back, and the company's view is clear: it doesn't believe that its service fits the definition of a communication provider under French law and thus doesn't have to be registered. Skype adds that it's been talking with ARCEP and plans to keep that up in a "constructive" fashion, although there clearly hasn't been much progress on that front. Read the full response after the break.

[Image credit: Alexandre Vialle, Flickr]

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Via: New York Times

Source: ARCEP (translated)

Indian official claims BlackBerry eavesdropping standoff is ‘heading towards a resolution’

Indian official claims BlackBerry eavesdropping standoff is 'heading towards a resolution'

Oh, bureaucracies, the fun in dealing with them is that you're told exactly what they want you to know -- or at least, believe. That's the name of the game in India, where -- as you're surely aware -- the government has been at odds with RIM for years over its insistence that the Waterloo firm provide the means to monitor encrypted emails and BBM messages. In a revelation that may relate to those BlackBerry servers in Mumbai, R. Chandrasekhar of India's Department of Information Technology has asserted, "The issue is heading towards a resolution." While it's difficult to know whether monitoring is already in place, Chandrasekhar added that, "Law enforcement agencies will get what they need." Another unknown is whether RIM played a role in these developments. For its part, the company claims, "RIM maintains a consistent global standard for lawful access requirements that does not include special deals for specific countries." So, if everything is now clear as mud for you, just remember: that's how those in charge like it.

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Indian official claims BlackBerry eavesdropping standoff is 'heading towards a resolution' originally appeared on Engadget on Wed, 08 Aug 2012 21:17:00 EDT. Please see our terms for use of feeds.

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