Friday, September 13, 2013

NSA Out of Control


Lt. Gen. Keith Alexander. photo: Saul Loeb/AFP/Getty Images
Lt. Gen. Keith Alexander. photo: Saul Loeb/AFP/Getty Images

The Cowboy of the NSA

By Shane Harris, Foreign Policy
12 September 13

Inside Gen. Keith Alexander's all-out, barely-legal drive to build the ultimate spy machine.
n Aug. 1, 2005, Lt. Gen. Keith Alexander reported for duty as the 16th director of the National Security Agency, the United States' largest intelligence organization. He seemed perfect for the job. Alexander was a decorated Army intelligence officer and a West Point graduate with master's degrees in systems technology and physics. He had run intelligence operations in combat and had held successive senior-level positions, most recently as the director of an Army intelligence organization and then as the service's overall chief of intelligence. He was both a soldier and a spy, and he had the heart of a tech geek. Many of his peers thought Alexander would make a perfect NSA director. But one prominent person thought otherwise: the prior occupant of that office.
Air Force Gen. Michael Hayden had been running the NSA since 1999, through the 9/11 terrorist attacks and into a new era that found the global eavesdropping agency increasingly focused on Americans' communications inside the United States. At times, Hayden had found himself swimming in the murkiest depths of the law, overseeing programs that other senior officials in government thought violated the Constitution. Now Hayden of all people was worried that Alexander didn't understand the legal sensitivities of that new mission.
"Alexander tended to be a bit of a cowboy: 'Let's not worry about the law. Let's just figure out how to get the job done,'" says a former intelligence official who has worked with both men. "That caused General Hayden some heartburn."
The heartburn first flared up not long after the 2001 terrorist attacks. Alexander was the general in charge of the Army's Intelligence and Security Command (INSCOM) at Fort Belvoir, Virginia. He began insisting that the NSA give him raw, unanalyzed data about suspected terrorists from the agency's massive digital cache, according to three former intelligence officials. Alexander had been building advanced data-mining software and analytic tools, and now he wanted to run them against the NSA's intelligence caches to try to find terrorists who were in the United States or planning attacks on the homeland.
By law, the NSA had to scrub intercepted communications of most references to U.S. citizens before those communications can be shared with other agencies. But Alexander wanted the NSA "to bend the pipe towards him," says one of the former officials, so that he could siphon off metadata, the digital records of phone calls and email traffic that can be used to map out a terrorist organization based on its members' communications patterns.
"Keith wanted his hands on the raw data. And he bridled at the fact that NSA didn't want to release the information until it was properly reviewed and in a report," says a former national security official. "He felt that from a tactical point of view, that was often too late to be useful."
Hayden thought Alexander was out of bounds. INSCOM was supposed to provide battlefield intelligence for troops and special operations forces overseas, not use raw intelligence to find terrorists within U.S. borders. But Alexander had a more expansive view of what military intelligence agencies could do under the law.
"He said at one point that a lot of things aren't clearly legal, but that doesn't make them illegal," says a former military intelligence officer who served under Alexander at INSCOM.
In November 2001, the general in charge of all Army intelligence had informed his personnel, including Alexander, that the military had broad authority to collect and share information about Americans, so long as they were "reasonably believed to be engaged" in terrorist activities, the general wrote in a widely distributed memo.
The general didn't say how exactly to make this determination, but it was all the justification Alexander needed. "Hayden's attitude was 'Yes, we have the technological capability, but should we use it?' Keith's was 'We have the capability, so let's use it,'" says the former intelligence official who worked with both men.
Hayden denied Alexander's request for NSA data. And there was some irony in that decision. At the same time, Hayden was overseeing a highly classified program to monitor Americans' phone records and Internet communications without permission from a court. At least one component of that secret domestic spying program would later prompt senior Justice Department officials to threaten resignation because they thought it was illegal.
But that was a presidentially authorized program run by a top-tier national intelligence agency. Alexander was a midlevel general who seemed to want his own domestic spying operation. Hayden was so troubled that he reported Alexander to his commanding general, a former colleague says. "He didn't use that atomic word - 'insubordination' - but he danced around it."
The showdown over bending the NSA's pipes was emblematic of Alexander's approach to intelligence, one he has honed over the course of a 39-year military career and deploys today as the director of the country's most powerful spy agency.
Alexander wants as much data as he can get. And he wants to hang on to it for as long as he can. To prevent the next terrorist attack, he thinks he needs to be able to see entire networks of communications and also go "back in time," as he has said publicly, to study how terrorists and their networks evolve. To find the needle in the haystack, he needs the entire haystack.
"Alexander's strategy is the same as Google's: I need to get all of the data," says a former administration official who worked with the general. "If he becomes the repository for all that data, he thinks the resources and authorities will follow."
That strategy has worked well for Alexander. He has served longer than any director in the NSA's history, and today he stands atop a U.S. surveillance empire in whichsignals intelligence, the agency's specialty, is the coin of the realm. In 2010, he became the first commander of the newly created U.S. Cyber Command, making him responsible for defending military computer networks against spies, hackers, and foreign armed forces - and for fielding a new generation of cyberwarriors trained to penetrate adversaries' networks. Fueled by a series of relentless and increasingly revealing leaks from former NSA contractor Edward Snowden, the full scope of Alexander's master plan is coming to light.
Today, the agency is routinely scooping up and storing Americans' phone records. It is screening their emails and text messages, even though the spy agency can't always tell the difference between an innocent American and a foreign terrorist. The NSA uses corporate proxies to monitor up to 75 percent of Internet traffic inside the United States. And it has spent billions of dollars on a secret campaign to foil encryption technologies that individuals, corporations, and governments around the world had long thought protected the privacy of their communications from U.S. intelligence agencies.
The NSA was already a data behemoth when Alexander took over. But under his watch, the breadth, scale, and ambition of its mission have expanded beyond anything ever contemplated by his predecessors. In 2007, the NSA began collecting information from Internet and technology companies under the so-called PRISM program. In essence, it was a pipes-bending operation. The NSA gets access to the companies' raw data - including e-mails, video chats, and messages sent through social media - and analysts then mine it for clues about terrorists and other foreign intelligence subjects. Similar to how Alexander wanted the NSA to feed him with intelligence at INSCOM, now some of the world's biggest technology companies - including Google, Microsoft, Facebook, and Apple - are feeding the NSA. But unlike Hayden, the companies cannot refuse Alexander's advances. The PRISM program operates under a legal regime, put in place a few years after Alexander arrived at the NSA, that allows the agency to demand broad categories of information from technology companies.
Never in history has one agency of the U.S. government had the capacity, as well as the legal authority, to collect and store so much electronic information. Leaked NSA documents show the agency sucking up data from approximately 150 collection sites on six continents. The agency estimates that 1.6 percent of all data on the Internet flows through its systems on a given day - an amount of information about 50 percent larger than what Google processes in the same period.
When Alexander arrived, the NSA was secretly investing in experimental databases to store these oceans of electronic signals and give analysts access to it all in as close to real time as possible. Under his direction, it has helped pioneer new methods of massive storage and retrieval. That has led to a data glut. The agency has collected so much information that it ran out of storage capacity at its 350-acre headquarters at Fort Meade, Maryland, outside Washington, D.C. At a cost of more than $2 billion, it has built a new processing facility in the Utah desert, and it recently broke ground on a complex in Maryland. There is a line item in the NSA's budget just for research on "coping with information overload."
Yet it's still not enough for Alexander, who has proposed installing the NSA's surveillance equipment on the networks of defense contractors, banks, and other organizations deemed essential to the U.S. economy or national security. Never has this intelligence agency - whose primary mission is espionage, stealing secrets from other governments - proposed to become the electronic watchman of American businesses.
This kind of radical expansion shouldn't come as a surprise. In fact, it's a hallmark of Alexander's career. During the Iraq war, for example, he pioneered a suite of real-time intelligence analysis tools that aimed to scoop up every phone call, email, and text message in the country in a search for terrorists and insurgents. Military and intelligence officials say it provided valuable insights that helped turn the tide of the war. It was also unprecedented in its scope and scale. He has transferred that architecture to a global scale now, and with his responsibilities at Cyber Command, he is expanding his writ into the world of computer network defense and cyber warfare.
As a result, the NSA has never been more powerful, more pervasive, and more politically imperiled. The same philosophy that turned Alexander into a giant - acquire as much data from as many sources as possible - is now threatening to undo him. Alexander today finds himself in the unusual position of having to publicly defend once-secret programs and reassure Americans that the growth of his agency, which employs more than 35,000 people, is not a cause for alarm. In July, the House of Representatives almost approved a law to constrain the NSA's authorities - the closest Congress has come to reining in the agency since the 9/11 attacks. That narrow defeat for surveillance opponents has set the stage for a Supreme Court ruling on whether metadata - the information Alexander has most often sought about Americans - should be afforded protection under the Fourth Amendment's prohibition against "unreasonable searches and seizures," which would make metadata harder for the government to acquire.
Alexander declined Foreign Policy's request for an interview, but in response to questions about his leadership, his respect for civil liberties, and the Snowden leaks, he provided a written statement.
"The missions of NSA and USCYBERCOM are conducted in a manner that is lawful, appropriate, and effective, and under the oversight of all three branches of the U.S. government," Alexander stated. "Our mission is to protect our people and defend the nation within the authorities granted by Congress, the courts and the president. There is an ongoing investigation into the damage sustained by our nation and our allies because of the recent unauthorized disclosure of classified material. Based on what we know to date, we believe these disclosures have caused significant and irreversible harm to the security of the nation."
In lieu of an interview about his career, Alexander's spokesperson recommended a laudatory profile about him that appeared in West Point magazine. It begins: "At key moments throughout its history, the United States has been fortunate to have the right leader -- someone with an ideal combination of rare talent and strong character -- rise to a position of great responsibility in public service. With General Keith B. Alexander ... Americans are again experiencing this auspicious state of affairs."
Lawmakers and the public are increasingly taking a different view. They are skeptical about what Alexander has been doing with all the data he's collecting - and why he's been willing to push the bounds of the law to get it. If he's going to preserve his empire, he'll have to mount the biggest charm offensive of his career. Fortunately for him, Alexander has spent as much time building a political base of power as a technological one.
Those who know Alexander say he is introspective, self-effacing, and even folksy. He's fond of corny jokes and puns and likes to play pool, golf, and Bejeweled Blitz, the addictive puzzle game, on which he says he routinely scores more than 1 million points.
Alexander is also as skilled a Washington knife fighter as they come. To get the NSA job, he allied himself with the Pentagon brass, most notably Donald Rumsfeld, who distrusted Hayden and thought he had been trying to buck the Pentagon's control of the NSA. Alexander also called on all the right committee members on Capitol Hill, the overseers and appropriators who hold the NSA's future in their hands.
When he was running the Army's Intelligence and Security Command, Alexander brought many of his future allies down to Fort Belvoir for a tour of his base of operations, a facility known as the Information Dominance Center. It had been designed by a Hollywood set designer to mimic the bridge of the starship Enterprise from Star Trek, complete with chrome panels, computer stations, a huge TV monitor on the forward wall, and doors that made a "whoosh" sound when they slid open and closed. Lawmakers and other important officials took turns sitting in a leather "captain's chair" in the center of the room and watched as Alexander, a lover of science-fiction movies, showed off his data tools on the big screen.
"Everybody wanted to sit in the chair at least once to pretend he was Jean-Luc Picard," says a retired officer in charge of VIP visits.
Alexander wowed members of Congress with his eye-popping command center. And he took time to sit with them in their offices and explain the intricacies of modern technology in simple, plain-spoken language. He demonstrated a command of the subject without intimidating those who had none.
"Alexander is 10 times the political general as David Petraeus," says the former administration official, comparing the NSA director to a man who was once considered a White House contender. "He could charm the paint off a wall."
Alexander has had to muster every ounce of that political savvy since the Snowden leaks started coming in June. In closed-door briefings, members of Congress have accused him of deceiving them about how much information he has been collecting on Americans. Even when lawmakers have screamed at him from across the table, Alexander has remained "unflappable," says a congressional staffer who has sat in on numerous private briefings since the Snowden leaks. Instead of screaming back, he reminds lawmakers about all the terrorism plots that the NSA has claimed to help foil.
"He is well aware that he will be criticized if there's another attack," the staffer says. "He has said many times, 'My job is to protect the American people. And I have to be perfect.'"
There's an implied threat in that statement. If Alexander doesn't get all the information he wants, he cannot do his job. "He never says it explicitly, but the message is, 'You don't want to be the one to make me miss,'" says the former administration official. "You don't want to be the one that denied me these capabilities before the next attack."
Alexander has a distinct advantage over most, if not all, intelligence chiefs in the government today: He actually understands the multibillion-dollar technical systems that he's running.
"When he would talk to our engineers, he would get down in the weeds as far as they were. And he'd understand what they were talking about," says a former NSA official. In that respect, he had a leg up on Hayden, who colleagues say is a good big-picture thinker but lacks the geek gene that Alexander was apparently born with.
"He looked at the technical aspects of the agency more so than any director I've known," says Richard "Dickie" George, who spent 41 years at the NSA and retired as the technical director of the Information Assurance Directorate. "I get the impression he would have been happy being one of those guys working down in the noise," George said, referring to the front-line technicians and analysts working to pluck signals out of the network.
Alexander, 61, has been a techno-spy since the beginning of his military career. After graduating from West Point in 1974, he went to West Germany, where he was initiated in the dark arts of signals intelligence. Alexander spent his time eavesdropping on military communications emanating from East Germany and Czechoslovakia. He was interested in the mechanics that supported this brand of espionage. He rose quickly through the ranks.
"It's rare to get a commander who understands technology," says a former Army officer who served with Alexander in 1995, when Alexander was in charge of the 525th Military Intelligence Brigade at Fort Bragg, North Carolina. "Even then he was into big data. You think of the wizards as the guys who are in their 20s." Alexander was 42 at the time.
At the turn of the century, Alexander took the big-data approach to counterterrorism. How well that method worked continues to be a matter of intense debate. Surely discrete interceptions of terrorists' phone calls and emails have helped disrupt plots and prevent attacks. But huge volumes of data don't always help catch potential plotters. Sometimes, the drive for more data just means capturing more ordinary people in the surveillance driftnet.
When he ran INSCOM and was horning in on the NSA's turf, Alexander was fond of building charts that showed how a suspected terrorist was connected to a much broader network of people via his communications or the contacts in his phone or email account.
"He had all these diagrams showing how this guy was connected to that guy and to that guy," says a former NSA official who heard Alexander give briefings on the floor of the Information Dominance Center. "Some of my colleagues and I were skeptical. Later, we had a chance to review the information. It turns out that all [that] those guys were connected to were pizza shops."
A retired military officer who worked with Alexander also describes a "massive network chart" that was purportedly about al Qaeda and its connections in Afghanistan. Upon closer examination, the retired officer says, "We found there was no data behind the links. No verifiable sources. We later found out that a quarter of the guys named on the chart had already been killed in Afghanistan."
Those network charts have become more massive now that Alexander is running the NSA. When analysts try to determine if a particular person is engaged in terrorist activity, they may look at the communications of people who are as many as three steps, or "hops," removed from the original target. This means that even when the NSA is focused on just one individual, the number of people who are being caught up in the agency's electronic nets could easily be in the tens of millions.
According to an internal audit, the agency's surveillance operations have been beset by human error and fooled by moving targets. After the NSA's legal authorities were expanded and the PRISM program was implemented, the agency inadvertently collected Americans' communications thousands of times each year, between 2008 and 2012, in violation of privacy rules and the law.
Yet the NSA still pursued a counterterrorism strategy that relies on ever-bigger data sets. Under Alexander's leadership, one of the agency's signature analysis tools was a digital graph that showed how hundreds, sometimes thousands, of people, places, and events were connected to each other. They were displayed as a tangle of dots and lines. Critics called it the BAG - for "big ass graph" - and said it produced very few useful leads. CIA officials in charge of tracking overseas terrorist cells were particularly unimpressed by it. "I don't need this," a senior CIA officer working on the agency's drone program once told an NSA analyst who showed up with a big, nebulous graph. "I just need you to tell me whose ass to put a Hellfire missile on."
Given his pedigree, it's unsurprising that Alexander is a devotee of big data. "It was taken as a given for him, as a career intelligence officer, that more information is better," says another retired military officer. "That was ingrained."
Edited - for the entire article go to:

Thursday, September 12, 2013

Warning from Russia


A Plea for Caution From Russia

What Putin Has to Say to Americans About Syria

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MOSCOW — RECENT events surrounding Syria have prompted me to speak directly to the American people and their political leaders. It is important to do so at a time of insufficient communication between our societies.
Oliver Munday

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Readers’ Comments

Relations between us have passed through different stages. We stood against each other during the cold war. But we were also allies once, and defeated the Nazis together. The universal international organization — the United Nations — was then established to prevent such devastation from ever happening again.
The United Nations’ founders understood that decisions affecting war and peace should happen only by consensus, and with America’s consent the veto by Security Council permanent members was enshrined in the United Nations Charter. The profound wisdom of this has underpinned the stability of international relations for decades.
No one wants the United Nations to suffer the fate of the League of Nations, which collapsed because it lacked real leverage. This is possible if influential countries bypass the United Nations and take military action without Security Council authorization.
The potential strike by the United States against Syria, despite strong opposition from many countries and major political and religious leaders, including the pope, will result in more innocent victims and escalation, potentially spreading the conflict far beyond Syria’s borders. A strike would increase violence and unleash a new wave of terrorism. It could undermine multilateral efforts to resolve the Iranian nuclear problem and the Israeli-Palestinian conflict and further destabilize the Middle East and North Africa. It could throw the entire system of international law and order out of balance.
Syria is not witnessing a battle for democracy, but an armed conflict between government and opposition in a multireligious country. There are few champions of democracy in Syria. But there are more than enough Qaeda fighters and extremists of all stripes battling the government. The United States State Department has designated Al Nusra Front and the Islamic State of Iraq and the Levant, fighting with the opposition, as terrorist organizations. This internal conflict, fueled by foreign weapons supplied to the opposition, is one of the bloodiest in the world.
Mercenaries from Arab countries fighting there, and hundreds of militants from Western countries and even Russia, are an issue of our deep concern. Might they not return to our countries with experience acquired in Syria? After all, after fighting in Libya, extremists moved on to Mali. This threatens us all.
From the outset, Russia has advocated peaceful dialogue enabling Syrians to develop a compromise plan for their own future. We are not protecting the Syrian government, but international law. We need to use the United Nations Security Council and believe that preserving law and order in today’s complex and turbulent world is one of the few ways to keep international relations from sliding into chaos. The law is still the law, and we must follow it whether we like it or not. Under current international law, force is permitted only in self-defense or by the decision of the Security Council. Anything else is unacceptable under the United Nations Charter and would constitute an act of aggression.
No one doubts that poison gas was used in Syria. But there is every reason to believe it was used not by the Syrian Army, but by opposition forces, to provoke intervention by their powerful foreign patrons, who would be siding with the fundamentalists. Reports that militants are preparing another attack — this time against Israel — cannot be ignored.
It is alarming that military intervention in internal conflicts in foreign countries has become commonplace for the United States. Is it in America’s long-term interest? I doubt it. Millions around the world increasingly see America not as a model of democracy but as relying solely on brute force, cobbling coalitions together under the slogan “you’re either with us or against us.”
But force has proved ineffective and pointless. Afghanistan is reeling, and no one can say what will happen after international forces withdraw. Libya is divided into tribes and clans. In Iraq the civil war continues, with dozens killed each day. In the United States, many draw an analogy between Iraq and Syria, and ask why their government would want to repeat recent mistakes.
No matter how targeted the strikes or how sophisticated the weapons, civilian casualties are inevitable, including the elderly and children, whom the strikes are meant to protect.
The world reacts by asking: if you cannot count on international law, then you must find other ways to ensure your security. Thus a growing number of countries seek to acquire weapons of mass destruction. This is logical: if you have the bomb, no one will touch you. We are left with talk of the need to strengthen nonproliferation, when in reality this is being eroded.
We must stop using the language of force and return to the path of civilized diplomatic and political settlement.
A new opportunity to avoid military action has emerged in the past few days. The United States, Russia and all members of the international community must take advantage of the Syrian government’s willingness to place its chemical arsenal under international control for subsequent destruction. Judging by the statements of President Obama, the United States sees this as an alternative to military action.
I welcome the president’s interest in continuing the dialogue with Russia on Syria. We must work together to keep this hope alive, as we agreed to at the Group of 8 meeting in Lough Erne in Northern Ireland in June, and steer the discussion back toward negotiations.
If we can avoid force against Syria, this will improve the atmosphere in international affairs and strengthen mutual trust. It will be our shared success and open the door to cooperation on other critical issues.
My working and personal relationship with President Obama is marked by growing trust. I appreciate this. I carefully studied his address to the nation on Tuesday. And I would rather disagree with a case he made on American exceptionalism, stating that the United States’ policy is “what makes America different. It’s what makes us exceptional.” It is extremely dangerous to encourage people to see themselves as exceptional, whatever the motivation. There are big countries and small countries, rich and poor, those with long democratic traditions and those still finding their way to democracy. Their policies differ, too. We are all different, but when we ask for the Lord’s blessings, we must not forget that God created us equal.
Vladimir V. Putin is the president of Russia.

160,000 Russian Troops near the Syrian border, two Russian destroyers, aircraft carrier, Chinese Missile-armed Destroyers are all staring down the US Navy in the Mediterranean.
It's World War III, or for Cowboys, Shootout at the OK Corral.  It's not "pleading".  editor

Tuesday, September 10, 2013

Progressive Whip Explains Why Pres. Obama Must Get Congress OK


Obama's best option on Syria is to listen to Congress

I credit the president for heeding calls for Congress to debate Syria. Now, I hope he hears our alternatives to military action
And Barack Obama listens intently.
Barack Obama listens intently during the G20 meeting of world leaders. Photograph: AFP/Getty Images
As Congress reconvenes this week, one issue is at the forefront of our minds: Syria.
The world community has compelling evidence that the Bashar al-Assadregime used chemical weapons against its own people. This is deplorable and unacceptable, and he and others responsible must be held accountable under the law; we must respond. But I reject the view that a military response will be effective or appropriate.
Last week, 60 House members joined me in a letter calling for the president to submit this matter for congressional debate. Congress has the constitutional authority to take the nation to war, and I commend President Obama for heading that and other calls to abide by the US constitution's separation of powers. We will have a robust and serious debate about any response; and we will weigh the probable and dangerous consequences of a military strike.
Military action, including targeted bombing, risks losing more lives and increasing the bloodshed. It could undermine our national security, and that of close allies, by triggering broad retaliation and escalation of the conflict in the region. The danger of the violence escalating in Syria and in the region is high; we cannot put out a fire by adding gasoline to the flames.
Strikes against Syrian military targets not only have the risk of direct civilian casualties – sometimes, in war, callously called "collateral damage" – but will not deter the Assad regime from its continued assault against his own people. Many experts agree that these strikes would do more harm than good, and could lead the US deeper and deeper into the complex Syrian civil war, which 60% of Americans oppose. The path forward is clear: we must support forceful diplomacy, not military force.
We have alternatives. While these alternatives may not offer an easy solution or a "silver bullet", they ultimately may prove more effective in addressing this issue and, importantly, in sending a clear signal that leaders may not act against international law with impunity.
We've got to engage in forceful diplomacy to mobilize the community of nations to demand legal action against Syrian leaders for their horrific violation of international law. We must mobilize the international community to work to advance a negotiated settlement of the political conflict within Syria, which has led to these international crimes and threatens the peace and stability of the region.
While we work towards a negotiated settlement, I agree with the European Union that we should wait for the United Nations weapons inspectors to release their report. There are several other options that we should be pursing, such as: working with the United Nations and the international community to seek multilateral sanctions; investigate and prosecute for crimes against humanity; and engage the International Criminal Court.
All the signers of the Chemical Weapons Convention could be called for their input on how to move forward. We could pursue an international agreement that can compel Syria to allow humanitarian aid to make its way to the hundreds of thousands civilians, maybe millions, who need it.
Furthermore, we could work with the international community to establish a Syrian war crimes tribunal. And we should pressure all internal and external parties to engage in the Geneva process of negotiation, along with the Arab League of States and the Organization for Islamic Co-operation.
These options, and others, will be laid out in a resolution that I will introduce as the debate in Congress begins. The perceived difficulties of non-military options should not mean that the United States and the international community should abandon hope of bringing perpetrators to justice or pressuring the Assad regime and all actors to accept a negotiated political solution.
Not only is this the right thing to do, but the American people are demanding it.