Daily Kos

Fully Domestic Calls Were Deliberately Monitored by NSA

Wed Dec 28, 2005 at 02:40:02 PM PDT

So says Insight Magazine - a publication of the conservative Washington Times, in this article.

The lead of the story is that monitoring has been nearly completely ineffective, since al Qaeda operatives long since ceased using telephones and email to communicate their plans.

But buried deep in the article is the revelation that contrary to administration claims, this NSA monitoring has not been restricted to international communications.

More below the fold:

First, the lead of the article:

U.S. law enforcement sources said that more than four years of surveillance by the National Security Agency has failed to capture any high-level al Qaeda operative in the United States. They said al Qaeda insurgents have long stopped using the phones and even computers to relay messages. Instead, they employ couriers.

"They have been way ahead of us in communications security," a law enforcement source said. "At most, we have caught some riff-raff. But the heavies remain free and we believe some of them are in the United States."

So all this trashing of civil rights is for very small gain in security.

The article goes on to emphasize how all this is legal and no warrant could possibly be needed (what do you expect - it's the Washington Times after all).

Then comes the bombshell:

The sources provided guidelines to how the administration has employed the surveillance program. They said the National Security Agency in cooperation with the FBI was allowed to monitor the telephone calls and e-mails of any American believed to be in contact with a person abroad suspected of being linked to al Qaeda or other terrorist groups.

At that point, the sources said, all of the communications of that American would be monitored, including calls made to others in the United States.

(emphasis mine)

This stands in stark contrast to the claims of the administration that this only involved international calls, for instance when General Hayden said:

There's always a balancing between security and liberty. We understand that this is a more -- I'll use the word "aggressive" program than would be traditionally available under FISA. It is also less intrusive. It deals only with international calls. It is generally for far shorter periods of time. And it is not designed to collect reams of intelligence, but to detect and warn and prevent about attacks. And, therefore, that's where we've decided to draw that balance between security and liberty.

Tags: NSA, wiretapping (all tags) :: Previous Tag Versions

Permalink | 22 comments

  •  Thanks (none / 0)

    it's an important point. Put up a tip jar.
  •  Hadn't seen this posted before. (4.00 / 8)

    It's only one source, but if true this seems to me to be a major expansion of what's been admitted to so far.

    John McCain - all aboard the lobbyist express!

    by jrooth on Wed Dec 28, 2005 at 02:41:00 PM PDT

    •  BTW... (none / 0)

      ...you might want to insert 'deliberately' in front of 'monitored' in the title.

      There has been informed speculation for quite a while, that international intercepts would have 'accidentally' captured US-US messages that happened to get routed (for example) through Canada -- fishing for tuna, catching some dolphins. This story is more precise: these communications were actually targeted.

    •  not really; same crime, new count... (none / 0)

      This news is not surprising, nor is it an entirely new crime.  

      It's an extension of the same crimes we're already dealing with: breaking FISA, bypassing FISC (FISA Court), neutering Congress, and damaging our intelligence agencies & capabilities.    

      The way SIGINT works, as a general matter, is that once you get something interesting, you go after everything upstream and downstream of it.   Someone in Albuquerque calls someone in Afghanistan and then calls someone in Podunk: you grab the Podunk number and see who they call.  

      SIGINT infrastructure is automatically recursive in that way, and phone numbers & IP addresses aren't the only things it gobbles.  Any measurable characteristic of a communication is fodder.  

      BTW, the reason our enemies have dropped using electronic communications, is that Bush & Co have, at every opportunity, used the phrase "we're picking up terrorist chatter..." and variations on that theme.  "Picking up chatter" = "intercepting communications."  I have been screaming bloody murder about this point ever since the first time it happened after 9/11 and aside from a few fellow geeks, no one seems to have understood how important it is.   When Bush says that "talking about the law" gives away the game to our enemies, he fails to recognize that saying "picking up chatter" gave away the game long ago.  And the press ought to be pursuing this angle relentlessly.  

  •  Believed to be in contact (none / 1)

    This is a very low threshold for spying on you.  If someone says that you are "believed to be in contact with a person abroad suspected of being linked to al Qaeda."

    This is clearly against the law and the Constitution.

    •  Even worse (none / 1)

      It says "... believed to be in contact with a person abroad suspected of being linked ...".  That's three levels of fudging.

      Good point.  Thanks.

      John McCain - all aboard the lobbyist express!

      by jrooth on Wed Dec 28, 2005 at 03:02:05 PM PDT

      [ Parent ]

      •  Now we can all play "Six Degrees of Osama (none / 1)

        bin Laden."  Let's see now:

        I have a friend in Bali
        Who knows a guy in Cali
        Whose friend in Mali
        Knows a gal named Sally
        Who was seen to dally
        With a chap named named Ali
        Whose...too many already.

        I have a friend in Cork
        Who knows this bloke in York
        Whose good friend Bork...

        •  Perhaps you meant to say (none / 1)

          I once had a friend from bali
          Whose Mali friend knew sally
          she slept with a man
          who not by his plan
          once nodded to bin ladens ally
        •  Sounds suspiciously like Tom Lehrer... n/t (none / 0)

          I'd rather have a bottle in front of me than a frontal lobotomy.

          by beemerr90s on Wed Dec 28, 2005 at 07:53:39 PM PDT

          [ Parent ]

          •  Yes, my doggerel is meant as a tribute (none / 0)

            to Tom Lehrer:

            "I have a friend in Minsk
             Who has a friend in Pinsk
             Whose friend in Omsk
             Has a friend in Tomsk..."

            My point is since nearly everyone and be connected to nearly everyone else in a few steps, nearly everyone can be considered a subject of surveillance.  So you and I are both connected somehow to Osama, which could be bad, but we are also connected to Mother Teresa, which might help.

            Making these connections can be great fun.  My father's sister's husband's daughter's husband's father and my father went to college together -  a wonderful closed loop involving persons thousands of miles apart;  my wife's friend's husband's friend's friend was my swimming coach.

  •  I think it's worse (none / 1)

    Given what we already know (not provable in a court, but based on MSM sources):
    • The monitoring started with all international voice and Internet traffic, and tried to find patterns
    • The major telecomm providers provided access to their switches without warrants
    • The Administration contends that its national security concerns override federal laws such as FISA

    I see no reason why the Administration would have limited itself to monitoring individuals linked to al Qaeda.
    •  I agree ... (none / 0)

      But I've seen that aspect discussed before.  What was new to me here is that once they target you, they monitor everything, both domestic and international.

      Of course, one would reasonably have suspected that all along, but I hadn't seen it reported before.

      John McCain - all aboard the lobbyist express!

      by jrooth on Wed Dec 28, 2005 at 03:05:43 PM PDT

      [ Parent ]

  •  Oh see, now Insight is spoiling the GWOT... (none / 1)

    Now they'll stop using couriers.  :)

    I suspect carrier pigeons will be the new technology they migrate to next.

    McCain '08: Like Hope, But Different.

    by Siberian on Wed Dec 28, 2005 at 03:05:35 PM PDT

  •  I actually saw a letter to the Editor (4.00 / 2)

    Where we Democrats are accused of giving away vital intelligence by letting al Qaeda know that we are monitoring international phone calls.  I almost snorted coffee up my nose.  They would have to be the worst sort of knuckle dragging idiots not to suspect that already.

    You and me, single-handedly undermining the WOT.

    There are bagels in the fridge

    by Sychotic1 on Wed Dec 28, 2005 at 03:09:57 PM PDT

  •  NSA planted web-surfing cookies (none / 0)

    This is new. And scary.

    "Be yourself; everyone else is already taken." - Oscar Wilde

    by greendem on Wed Dec 28, 2005 at 03:37:27 PM PDT

    •  nah (none / 1)

      That just says that NSA's own web site (http://www.nsa.gov) left cookies on visitors' computers, just like millions of commercial sites do all the time.  They're really not supposed to do that but it's no big deal and it can easily happen by accident (lots of web server software does it automatically).  The privacy implication is that if you visit the NSA's site on two different days, the cookie tells them that both visits came from the same computer.  That can be significant in some circumstances but it's less invasive than a lot of other things.

      If NSA were doing something like Doubleclick and leaving cookies through invisible transcluded images  served from sites all over the internet, that would be scary.  There's no indication anything like that has happened.  I'd be more scared of NSA (or CIFA or whoever) acquiring Doubleclick or Google's database than of getting cookies from NSA's own site.  

      If you're using Firefox, go to the Preferences menu, select "Cookies" and choose the pulldown to delete cookies when you shut down your browser.  Use the exceptions screen to keep cookies for sites you trust, so you can (for example) stay logged on to DKos between browser sessions.  Auto-deleting cookies at the end of your browse session is a reasonable compromise between rejecting cookies altogether (which stops lots of sites from working) and letting them persist on your computer endlessly (letting any site correlate your visits if it chooses).  If you leave your computer running 24/7 then remember to close and re-open your browser once in a while for the cookie deletion to happen.

      Hawkish on impeachment.

      by clyde on Wed Dec 28, 2005 at 08:02:03 PM PDT

      [ Parent ]

  •  They're monitoring (none / 0)

    it all.  Do you really think they're not putting ECHELON to full use? C'mon.
  •  Obvious - They went to Hell (none / 0)

    It has been obvious all along this was unlimited scanning.  And there has been a gradual peel back of the layers of the onion to admit this.

    If the military has been authorized to spy on Quakers and PETA as terrorist organizations they saw everything as a threat.  The administration were already committing unlawful acts why stop?  There were no limits.  They don't believe in limits.

    As Huck says after his decision to not turn his friend Jim in for being a runaway slave - "All right, then, I'll go to Hell" and afterwards he felt he had no restraints about what he could do or say to rescue him.  

    Bush decided to go to Hell and we shouldn't be surprised at what limits he would go to in his quest to play the part of a commander-in-chief.

    Just a mistaken quest in a role he didn't understand.

  •  Boobs..... all of them. (none / 0)

    This is more about consolidating the power base in America than about catching two-bit criminals.  Go after the nuts; leave the rest of us alone King George.

    BushCo Policy... If you aren't outraged, you haven't been paying attention. -3.25 -2.26

    by Habanero on Wed Dec 28, 2005 at 05:36:47 PM PDT

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