"The National Security Agency has been mining for several years its
massive collections of e-mail and phone call data to create
extensive graphs of some Americans’ social connections that can
include associates, travel companions and their locations, according
to the New York Times. The social graphing began in 2010 after the
NSA lifted restrictions on the practice, according to an internal
January 2011 memorandum, the Times reported online Saturday. It
based its article on documents obtained by former NSA contractor
Edward J. Snowden and interviews with officials." (09/13/13)
NSA said to be
studying some Americans’ social connections using e-mail, call data
The National
Security Agency has been mining for several years
its massive collections of e-mail and phone call
data to create extensive graphs of some Americans’
social connections that can include associates,
travel companions and their locations, according to
the New York Times.
The social graphing began in 2010 after the NSA
lifted restrictions on the practice, according to an
internal January 2011 memorandum, the Times reported
online Saturday. It based its article on documents
obtained by
former NSA contractor Edward J. Snowden and
interviews with officials.
The graphing, or contact chaining, is conducted using
details about phone calls and e-mails, known as “metadata,”
but does not involve the communications’ content, according
to the documents cited by the Times. It is supposed to be
done for foreign intelligence purposes only, the documents
state, but that category is extremely broad and may include
everything from data about terrorism and drug smuggling to
foreign diplomats and economic talks.
The revelation is the latest in a string of disclosures
that began in June, when The Washington Post and the British
newspaper the Guardian broke stories, based on Snowden’s
documents about the
NSA’s PRISM program, which collects digital
communications from U.S. Internet companies, and about the
collection of call-detail records from U.S. phone companies.
Snowden’s disclosures and the subsequent declassification
of records by
Director of National Intelligence James R. Clapper Jr.
and the nation’s secretive Foreign Intelligence Surveillance
Court have sparked widespread concern over the scope of the
NSA’s surveillance and whether it appropriately balances
Americans’ privacy rights with national security.
In response to the story, an NSA spokeswoman said in an
e-mailed statement that the NSA is a foreign intelligence
agency and its activities are conducted according to
procedures approved by the attorney general and defense
secretary — and, where applicable, the surveillance court —
to protect Americans’ privacy interests.
“We know there is a false perception out there that NSA
listens to the phone calls and reads the e-mail of everyday
Americans, aiming to unlawfully monitor or profile U.S.
citizens,” the statement said. “It’s just not the case.
NSA’s activities are directed against foreign intelligence
targets in response to requirements from U.S. leaders in
order to protect the nation and its interests from threats
such as terrorism and the proliferation of weapons of mass
destruction.”
“This report confirms what whistleblowers have been
saying for years: The NSA has been monitoring virtually
every aspect of Americans’ lives — their communications,
their associations, even their locations,” said Jameel
Jaffer, deputy legal director of the American Civil
Liberties Union.
Senior government officials, including the NSA’s
director,
Gen. Keith Alexander, have repeatedly asserted that the
NSA’s surveillance programs are lawful and have been
authorized by the surveillance court, Congress or both.
But according to the Times, the decision to lift the restriction
on analyzing Americans’ communications was made in secret, without
review by the intelligence court, which oversees the government’s
wiretap applications under the Foreign Intelligence Surveillance
Act. The policy shift was intended to help the agency “discover and
track” links between intelligence targets overseas and people in the
United States, the 2011 memo said.
According to documents the Times cited, the NSA can augment the
data with material from public, commercial and other sources,
including bank codes, Facebook profiles, airline passenger manifests
and GPS location information.
NSA officials declined to tell the Times how many Americans have
been caught up in the data mining, and the documents do not reveal
that.
Because of concerns about intruding on Americans’ privacy, the
computer analysis of such data had previously been permitted only
for foreigners, the Times reported.
But as of 2010, the NSA was authorized to conduct “large-scale
graph analysis on very large sets of communications metadata without
having to check foreignness” of every e-mail address, phone number
or other identifier, the 2011 memo stated.
The social graphs do not make use of the huge database of
collected phone call records that Snowden revealed in June, the
“bulk records” program, the Times reported.
The newspaper said the documents do not specify which databases
were being mined.
An NSA spokeswoman told the Times that the legal justification
for the policy was a 1979 Supreme Court ruling that Americans had no
legitimate expectation of privacy in numbers dialed because that
information is conveyed to a third party — the phone company. Based
on that ruling, the Justice Department and the Pentagon in 2008
decided it was permissible to create contact chains using Americans’
metadata, such as phone numbers dialed, the Times reported.
The ACLU’s Jaffer called the government’s reasoning “outlandish,”
saying that the 1979 ruling involved “surveillance of one person
rather than everyone.”
William Binney, a former NSA technical director turned
whistleblower, has long warned of the NSA’s mining of data to create
social graphs. He alleged that it started in the second week of
October 2001, in the wake of the Sept. 11 terrorist attacks, and
that it took place on a massive scale.
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