Tuesday, May 19, 2015

Workers Unite in 1886 to Fight Railroad Barons

What We Can Learn From the Workers, Activists and Even Politicians Who Tore Down the First Gilded Age


Great Railway Strike of 1886
US marshals try to start a train in St. Louis during the Great Railway Strike of 1886. (G.J. Nebinger, Library of Congress)
This article originally appeared at TomDispatch.com. To stay on top of important articles like these, sign up to receive the latest updates from TomDispatch.com.
The following passages are excerpted and slightly adapted from The Age of Acquiescence: The Life and Death of American Resistance to Organized Wealth and Power (Little, Brown and Company).
Part 1: The Great Upheaval
What came to be known as the Great Upheaval, the movement for the eight-hour day, elicited what one historian has called “a strange enthusiasm.” The normal trade union strike is a finite event joining two parties contesting over limited, if sometimes intractable, issues. The mass strike in 1886 or before that in 1877—all the many localized mass strikes that erupted in towns and small industrial cities after the Civil War and into the new century—was open-ended and ecumenical in reach.
So, for example, in Baltimore when the skilled and better-paid railroad brakemen on the Baltimore and Ohio Railroad first struck in 1877 so, too, did less well off “box-makers, sawyers, and can-makers, engaged in the shops and factories of that city, [who] abandoned their places and swarmed into the streets.” This in turn “stimulated the railroad men to commit bolder acts.” When the governor of West Virginia sent out the Berkeley Light Guard and Infantry to confront the strikers at Martinsburg at the request of the railroad’s vice president, the militia retreated and “the citizens of the town, the disbanded militia, and the rural population of the surrounding country fraternized,” encouraging the strikers.
The centrifugal dynamic of the mass strike was characteristic of this extraordinary phenomenon. By the third day in Martinsburg the strikers had been “reinforced during the night at all points by accessions of working men engaged in other avocations than railroading,” which, by the way, made it virtually impossible for federal troops by then on the scene to recruit scabs to run the trains.
By the fourth day, “mechanics, artisans, and laborers in every department of human industry began to show symptoms of restlessness and discontent.” Seeping deeper and deeper into the subsoil of proletarian life, down below the “respectable” working class of miners and mechanics and canal boat-men, frightened observers reported a “mighty current of passion and hate” sweeping up a “vast swarm of vicious idlers, vagrants, and tramps.” And so it went.
Smaller cities and towns like Martinsburg were often more likely than the biggest urban centers to experience this sweeping sense of social solidarity. (What today we might call a massing of the 99%.) During the 1877 Great Uprising, the social transmission of the mass strike moved first along the great trunk lines of the struck railroads, but quickly flowed into the small villages and towns along dozens of tributary lines and into local factories, workshops, and coal mines as squads of strikers moved from settlement to settlement mobilizing the populace.
In these locales, face-to-face relations still prevailed. It was by no means taken for granted that antagonism between labor and capital was fated to be the way of the world. Aversion to the new industrial order and a “democratic feeling” brought workers, storekeepers, lawyers, and businessmen of all sorts together, appalled by the behavior of large industrialists who often enough didn’t live in those communities and so were the more easily seen as alien beings.
It was not uncommon for local officials, like the mayor of Cumberland, Maryland, to take the side of the mass strikers. The federal postmaster in Indianapolis wired Washington, “Our mayor is too weak, and our Governor will do nothing. He is believed to sympathize with the strikers.” In Fort Wayne, like many other towns its size, the police and militia simply could not be counted on to put down the insurrectionists. In this world, corporate property was not accorded the same sanctified status still deferred to when it came to personal property. Sometimes company assets were burned to the ground or disabled; at other times they were seized, but not damaged.
Metropolises also witnessed their own less frequent social earthquakes. Anonymous relations were more common there, the gulf separating social classes was much wider, and the largest employers could count on the new managerial and professional middle classes for support and a political establishment they could more often rely on.
Still, the big city hardly constituted a DMZ. During the mass strike of 1877 in Pittsburgh, when 16 citizens were killed, the city erupted and “the whole population seemed to have joined the rioters.”
“Strange to say,” noted one journalist, elements of the population who had a “reputation for being respectable people—tradesmen, householders, well-to-do mechanics and such—openly mingled with the [turbulent mob] and encouraged them to commit further deeds of violence.” Here, too, as in smaller locales, enraged as they clearly were, mass strikers still drew a distinction between railroad property and the private property of individuals, which they scrupulously avoided attacking. Often enough the momentum of the mass strike was enough to win concessions on wages, hours, or on other conditions of work—although they might be provisional, not inscribed in contracts, and subject to being violated or ignored when law and order was restored.
“Eight Hours for What We Will”
Brickyard and packinghouse workers, dry goods clerks, and iron molders, unskilled Jewish female shoe sewers and skilled telegraphers, German craftsmen from the bookbinding trade and unlettered Bohemian freight handlers, all assembled together under the banner of the Knights of Labor or less formal, impromptu assemblies. The full name of the Knights was actually the Noble and Holy Order of the Knights of Labor, a peculiar name that like so much of the electric language of the long nineteenth century sounds so dissonant and oddly exotic to modern ears. With one foot in the handicraft past and the other trying to step beyond the proletarian servitude waiting ominously off in the future, the Knights was itself the main organizational expression of the mass strike. It was part trade union, part guild, part political protest, part an aspiring alternate cooperative economy.
At all times and especially in smaller industrial towns, the Knights relied on ties to the larger community—kin, neighbors, local tradespeople—not merely the fellowship of the workplace. Like the Populist movement, it practically constituted an alternative social universe of reading rooms, newspapers, lecture societies, libraries, clubs, and producer cooperatives. Infused with a sense of the heroic and the “secular sacred,” the Knights envisioned themselves as if on a mission, appealing to the broad middling ranks of local communities to rescue the nation and preserve its heritage of republicanism and the dignity of productive labor.
This “Holy Order,” ambiguous and ambivalent in ultimate purpose, nevertheless mustered a profound resistance to the whole way of life represented by industrial capitalism even while wrestling with ways of surviving within it. So it offered everyday remedies—abolishing child and convict labor, establishing an income tax and public ownership of land for settlement not speculation, among others. Above all, however, it conveyed a yearning for an alternative, a “cooperative commonwealth” in place of the Hobbesian nightmare that Progress had become.
Transgressive by its nature, this “strange enthusiasm” shattered and then recombined dozens of more parochial attachments. The intense heat of the mass strike fused these shards into something more daring and generous-minded. Everything about it was unscripted. The mass strike had a rhythm all its own, syncopated and unpredictable as it spread like an epidemic from worksite to marketplace to slum. It had no command central, unlike a conventional strike, but neither was it some mysterious instance of spontaneous combustion. Rather, it had dozens of choreographers who directed local uprisings that nevertheless remained elastic enough to cohere with one another while remaining distinct. Its program defied easy codification. At one moment and place it was about free speech, at another about a foreman’s chronic abuse, here about the presence of scabs and armed thugs, there about a wage cut.
It ranged effortlessly from something as prosaic as a change in the piece rate to something as portentous as the nationalization of the country’s transportation and communication infrastructure, but at its core stood the demand for the eight-hour day. Blunt yet profound, it defined for that historical moment both the irreducible minimum of a just and humane civilization and what the prevailing order of things seemingly could not, or would not, grant. The “Eight Hour Day Song,” which became the movement’s anthem, captured that intermixing of the quotidian and the transcendent:
"We want to feel the sunshine
We want to smell the flowers;
We’re sure God has willed it.
And we mean to have eight hours.
We’re summoning our forces from
shipyard, shop, and mill;
Eight hours for work, eight hours for rest
Eight hours for what we will.”
When half a million workers struck on May 1, 1886—the original “May Day,” still celebrated most places in the world except in the United States where it began—the strikers called it Emancipation Day. How archaic that sounds. Such hortatory rhetoric has gone out of fashion. The eight-hour-day movement of 1886 and the mass strikes that preceded, accompanied, and followed it were a freedom movement in the land of the free directed against a form of slavery no one would recognize or credit today.
Part 2: A Potemkin Village of the Nouveau Riche
Feudalism of a distinctly theatrical kind was the utopian refuge of the upper classes. Mostly that consisted of a retreat from an active engagement with the tumult around them. Some plutocrats, like George Pullman or J.P. Morgan, were, on the contrary, deeply implicated in running things. Morgan functioned as the nation’s unofficial central banker, but from a distinctly feudal point of view, famously declaring, “I owe the public nothing.”
Other corporate chieftains, like Mark Hanna, a kingmaker within the Republican Party, or August Belmont, who performed a similar role for the Democrats, became increasingly involved in political affairs. (Hanna once mordantly remarked, “There are only two things that are important in politics. The first is money and I can’t remember what the second one is.”) The two party machines had exercised some independence immediately after the Civil War, demanding tribute from the business classes. As the century ran down, however, they were domesticated, becoming water carriers for those they had once tithed. Legislative bodies during this era, including the Senate, otherwise known as “the Millionaires Club,” filled up with the factotums of corporate America.
Far larger numbers of the nouveau riche, a rentier class of landlords and coupon clippers, however, were gun-shy about embroiling themselves. Instead, they confected a hermetically sealed-off Potemkin village in which they pretended they were aristocrats with all the entitlements and deference and legitimacy that comes with that station.
Looking back a century and more, all that dressing­ up—the masquerade balls where the Social Register elite (the “Patriarchs” of the 1870s, the “400” by the 1890s) paraded about as Henry VIII and Marie Antoinette, the liveried servants, the castles disassembled in France or Italy or England and shipped stone by stone to be reassembled on Fifth Avenue, the fake genealogies and coats of arms, hunting to hounds and polo playing, raising pedigreed livestock for decorative purposes, the helter-skelter piling up of heirloom jewelry, Old Masters, and oriental rugs, the marrying off of American “dollar princesses” to the hard-up offspring of Europe’s decaying nobility, the exclusive watering holes in Newport and Bar Harbor, the prep schools, and gentlemen’s clubs fencing them off from hoi polloi, the preoccupation with social preferment that turned prized parterre boxes at opera houses and concert halls into deadly serious tournament jousts—seems silly. Or more to the point, it all appears as incongruously weird behavior in the homeland of the democratic revolution. And in some sense it was.
Yet this spectacle had a purpose, or multiple purposes. First of all, it was a time-tested way of displaying power for all to see. More than that was going on, however. It constituted the infrastructure of a utopian cultural fantasy by a risen class so raw and unsure of its place and mission in the world that it needed all these borrowed credentials as protective coloring. An elaborate camouflage, it might serve to legitimate them both in the eyes of those over whom they were suddenly exercising or seeking to exercise enormous power, and in their own eyes as well.
After all, many of these first- and second-generation bourgeois potentates had just sprung from social obscurity and the homeliest economic pursuits. Their native crudity was in plain sight, mocked by many. Herman Melville remarked, “The class of wealthy people are, in aggregate, such a mob of gilded dunces, that not to be wealthy carries with it a certain distinction and nobility.” As their social prominence and economic throw weight increased at an extraordinary rate—and, along with it, the most furious challenges to their sudden preeminence—so too did the need to fabricate delusions of stability and tradition, to feel rooted even in the shallowest of soils, to thicken the borders of their social insulation.
Caroline Astor, better known as “Mrs. Astor,” the doyenne of this world, whose grandfather-in-law had started out as a butcher, wrestled to express how such tensions might be resolved. Her family’s life was described by one observer this way: “The livery of their footmen was a close copy of that familiar at Windsor Castle and their linen was marked with emblems of royalty. At the opera they wore tiaras, and when they dined the plates were in keeping with imperial pretensions.”
Similar portraits were painted of many of the great dynastic families and their offspring; the Goulds, Harry Payne Whitney, the Vanderbilts, and others were depicted in ways that made them highly improbable candidates to form a socially conscious aristocracy. Mrs. Astor herself was once described as a “walking chandelier” because so many diamonds and pearls were pinned to every available empty space on her body.
Her relative John Jacob Astor IV, a notorious playboy, was chastised, along with his peers, by an Episcopal minister: “Mr. Astor and his crowd of New York and Newport associates have for years not paid the slightest attention to the laws of the church and state which have seemed to contravene their personal pleasures or sensual delights. But you can’t defy God all the time. The day of reckoning comes and comes not in our own way.” Some years later Astor went down with the Titanic. Another member of the clan declined an invitation by President Hayes to serve as ambassador to England on the grounds that it violated the family credo: “Work hard, but never work after dinner.”
Ward McAllister, the major-domo of the Social Register’s “400,” took a stab at coherence from another angle. “Now, with the rapid growth of riches, millionaires are too common to receive much deference; a fortune of a million is only respectable poverty,” McAllister said. “So we have to draw social boundaries on another basis: old connections, gentle breeding, perfection in all the requisite accomplishments of a gentleman, elegant leisure and an unstained private reputation count for more than newly gotten riches.”
But the “old connections” were as new and ephemeral as yesterday’s business negotiation, and “gentle breeding” for some didn’t even include full literacy or numeracy but did include copious spitting; the “accomplishments of a gentleman” would have to embrace every kind of shrewd dealing in the marketplace, or else the pickings would be scarce. And the tides of America’s volatile economy meant that no matter how high the sand dunes were built around the redoubts of “old money,” they could never resist for long the onrush of new money.
“Awful Democracy”
It was all, as one historian noted, a “pageant and fairy tale,” a peculiar arcadia of castles and servants, an homage to the “beau ideal” by a newly hatched social universe trying but failing to “live down its mercantile origins.” But this dream life was ill-suited to the arts and crafts of ruling over a society that at best was apt to find this charade amusing, at worst an insult. What was missing was an actual aristocracy.
Wall Street Brahmin Henry Lee Higginson, fearing “Awful Democracy”—that​ whole menagerie of radicalisms—urgently appealed to his fellows to take up the task of mastery, “more wisely and more humanely than the kings and nobles have done. Our chance is now—before the country is full and the struggle for bread becomes intense. I would have the gentlemen of the country lead the new men who are trying to become gentlemen.”
The appeal fell mainly on deaf ears. Many in this set were sea-dog capitalists, dynasty builders, for whom accumulation was a singular, all-consuming obsession. They reckoned with outside authority if they had to, manipulated it if they could, but just as often went about their business as if it didn’t exist. Bred to hold politics in contempt, one Social Register memoirist recalled growing up during the “great barbeque.” He was taught to think of politics as something “remote, disreputable, and infamous, like slave-trading or brothel-keeping.”
Together they concocted a world set apart from the commercial, political, sexual, ethnic, and religious chaos threatening to envelop them. An upper-class “white city” of chivalry, honor codes, and fraternal loyalties, mannered, carefree, and self-regarding, it was a laboratory of narcissistic self-indulgence, an ostensible repudiation of those distinctly bourgeois character traits of prudence, thrift, and money-grubbing.
Born into an age defined by steam, steel, and electricity, they attempted to wall themselves off from modernity in an alternate universe, part medieval, part Renaissance Europe, part ancient Greece and Rome, a pastiche of golden ages. The long nineteenth century had given birth to a plutocracy unschooled and indisposed to win the trust and preside over a society it feared. Instead, the plutocracy preferred playacting at aristocracy, simultaneously confirming all the popular suspicions about its real intentions and forming a society that had forsaken society.
Brute Force
The self-imposed aloofness and feudal pretentiousness of the upper classes left the institutions and cultural wherewithal of the commonwealth thin on the ground. An indigenous suspicion of overbearing government born out of the nation’s founding left the apparatus of the state strikingly weak and underdeveloped well past the turn of the twentieth century. All of its resources, that is, except one: force, rule by blunt instrument. The frequent resort to violence that so marked the period was thus the default position of a ruling elite not really prepared to rule. And of course it only aggravated the dilemma of consent. Those suffering from the callousness of the dominant classes were only too ready to treat them as they depicted themselves—that is, as aristocrats but usurping ones lacking even a scintilla of legitimate authority.
The American upper classes did not constitute a seasoned aristocracy, but could only mimic one. They lacked the former’s sense of social obligation, of noblesse oblige, of what in the Old World emerged as a politically coherent “Tory socialism” that worked to quiet class antagonisms. But neither did they absorb the democratic ethos that today allows the country’s gilded elite to act as if they were just plain folks: a credible enough charade of plutocratic populism. Instead, faced with mass social disaffection, they turned to the “tramp terror” and other innovations in machine-gun technology, to private corporate armies and government militias, to suffrage restrictions, judicial injunctions, and lynchings. Why behave otherwise in dealing with working-class "scum" a community of “mongrel firebugs”?
One historian has described what went on during the Great Uprising as an “interlocking directorate of railroad executives, military officers, and political officials which constituted the apex of the country’s new power elite.” After Haymarket, the haute bourgeoisie went into the fort­ building business; Fort Sheridan in Chicago, for example, was erected to defend against “internal insurrection.” New York City’s armories, which have long since been turned into sites for indoor tennis, concerts, and theatergoing, were originally erected after the 1877 insurrection to deal with the working-class canaille.
During the anthracite coal strike of 1902, George Baer, president of the Philadelphia and Reading Railroad and leader of the mine owners, sent a letter to the press: “The rights and interests of the laboring man will be protected and cared for... not by the labor agitators, but by the Christian men of property to whom God has given control of the property rights of the country.” To the Anthracite Coal Commission investigating the uproar, Baer proclaimed, “These men don’t suffer. Why hell, half of them don’t even speak English.”
Ironically, it was thanks in part to its immersion in bloodshed that the first rudimentary forms of a more sophisticated class consciousness began to appear among this new elite. These would range from Pullman-like Potemkin villages to more practical-minded attempts to reach a modus vivendi with elements of the trade union movement readier to accept the wages system.
Yet the political arena, however much its main institutions bent to the will of the rich and mighty, remained ostensibly contested terrain. On the one hand, powerful interests relied on state institutions both to keep the “dangerous classes” in line and to facilitate the process of primitive accumulation. But an opposed instinct, native to capitalism in its purest form, wanted the state kept weak and poor so as not to intrude where it wasn’t wanted. Due to this ambivalence, the American state was notoriously undernourished, its bureaucracy kept skimpy, amateurish, and machine-controlled, its executive and administrative reach stunted.
No society can live indefinitely on such shifting terrain, leaving the most vital matters unresolved. Even before the grand denouement of the Great Depression and New Deal arrived, an answer to the labor question was surfacing, one that would put an end to the long era of anti-capitalism. It would become the antechamber to the Age of Acquiescence.

Thursday, May 14, 2015

FBI Spies on Protestors

FBI Violated its own Rules while Spying on Keystone XL opponents

Tuesday 12 May 2015 18.11 EDT
FBI Breached its own internal rules when it spied on campaigners against the Keystone XL pipeline, failing to get approval before it cultivated informants and opened files on individuals protesting against the construction of the pipeline in Texas, documents reveal.

Internal agency documents show for the first time how FBI agents have been closely monitoring anti-Keystone activists, in violation of guidelines designed to prevent the agency from becoming unduly involved in sensitive political issues. The hugely contentious Keystone XL pipeline, which is awaiting approval from the Obama administration, would transport tar sands oil from Canada to the Texas Gulf coast. It has been strongly opposed for years by a coalition of environmental groups, including some involved in nonviolent civil disobedience who have been monitored by federal law enforcement agencies.

The documents reveal that one FBI investigation, run from its Houston field office, amounted to “substantial non-compliance” of Department of Justice rules that govern how the agency should handle sensitive matters. 

One FBI memo, which set out the rationale for investigating campaigners in the Houston area, touted the economic advantages of the pipeline while labelling its opponents “environmental extremists”. FBI Keystone memo Facebook Twitter Pinterest An FBI memo labels opponents of the controversial pipeline as ‘environmental extremists’. Photograph: Guardian FBI Keystone memo Facebook Twitter Pinterest An FBI memo detailing ‘non-compliance’ by the Houston field office. Photograph: Guardian “Many of these extremists believe the debates over pollution, protection of wildlife, safety, and property rights have been overshadowed by the promise of jobs and cheaper oil prices,” the FBI document states. “The Keystone pipeline, as part of the oil and natural gas industry, is vital to the security and economy of the United States.” 

Advertisement The documents are among more than 80 pages of previously confidential FBI files obtained by the Guardian and Earth Island Journal after a request under the Freedom of Information Act. Between November 2012 and June 2014, the documents show, the FBI collated inside knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinised police intelligence and cultivated at least one informant. It is unclear whether the source or sources were protesters-turned-informants, private investigators or hackers. One source is referred to in the documents as having had “good access and a history of reliable reporting”.

The FBI investigation targeted Tar Sands Blockade, a direct action group that was at the time campaigning in southern Texas. However, the partially redacted documents reveal the investigation into anti-Keystone activists occurred without prior approval of the top lawyer and senior agent in the Houston field office, a stipulation laid down in rules provided by the attorney general. Confronted by evidence contained in the cache of documents, the agency admitted that “FBI approval levels required by internal policy were not initially obtained” for the investigation, but said the failure was remedied and later reported internally.

 The FBI files appear to suggest the Houston branch of the investigation was opened in early 2013, several months after a high-level strategy meeting between the agency and TransCanada, the company building the pipeline. For a period of time – possibly as long as eight months – agents acting beyond their authority were monitoring activists aligned with Tar Sands Blockade. Tar Sands Blockade appeared on the FBI’s radar in late 2012, not long after the group began organising in east Houston, the end destination for Keystone’s 1,660-mile pipeline. Environmental activists affiliated with the group were committed to peaceful civil disobedience that can involve minor infractions of law, such as trespass. But they had no history of violent or serious crime. Ron Seifert, a key organiser at Tar Sands Blockade, said dozens of campaigners were arrested in Texas for protest-related activity around that time, but not one of them was accused of violent crime or property destruction.

The group focused on Houston’s heavily industrialised neighbourhood of Manchester, where the Valero Energy Corporation has a massive refinery capable of processing heavy crude oil. Between early November 2012 and June 2014, the documents show, the FBI collated inside-knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinised police intelligence and cultivated at least one informant. FBI memo Facebook Twitter Pinterest ‘The Houston Division had identified an emerging threat from environmental extremists targeting construction projects of the TransCanada Keystone XL Pipeline within the Houston Domain.’

Photograph: Guardian It is unclear whether the source or sources were protesters-turned-informants, private investigators or hackers. One source is referred to in the documents as having had “good access, and a history of reliable reporting”. At one point, the FBI’s Houston office said it would share with TransCanada “any pertinent intelligence regarding any threats” to the company in advance of a forthcoming protest. One of the files refers to Houston police officers who stopped two men and a woman taking photographs near the city’s industrial port, noting they were using a “large and sophisticated looking” camera.

Two of the individuals were described as having larger subject files in the FBI’s Guardian Threat Tracking System. In another incident, the license plate belonging to a Silver Dodge was dutifully entered into the FBI’s database, after a “source” spotted the driver and another man photographing a building associated with TransCanada. Sensitive matters The FBI rules, laid out in the FBI’s Domestic Investigations and Operations Guide, dictate that special care should be taken over sensitive investigations such as those targeting elected officials, journalists and political organisations. FBI work on “sensitive investigative matters” requires prior approval of both the chief division counsel (CDC), the top lawyer in the field office, and the special agent in charge (SAC). Both are supposed to consider the severity of the threat and the consequences of “adverse impact on civil liberties and public confidence” should the investigation be made public.

Keystone protest Facebook Twitter Pinterest Tar Sands Blockade occupy the corporate offices of TransCanada in January 2013. Photograph: Laura Borealis/Tar Sands Blockade However, neither Houston’s CDC or SAC were consulted in relation to the FBI’s monitoring of Tar Sands Blockade activists, the documents show. Explaining the breach of protocols, the FBI said in a statement that it was committed to “act properly under the law”.

“While the FBI approval levels required by internal policy were not initially obtained, once discovered, corrective action was taken, non-compliance was remedied, and the oversight was properly reported through the FBI’s internal oversight mechanism,” it said. The FBI did not deny opening an investigation into anti-Keystone campaigners, and said it was compelled to “take the initiative to secure and protect activities and entities which may be targeted for terrorism or espionage”. But the precise nature of the FBI’s investigation, which continued for almost a year after the Houston Division acknowledged it had violated protocol, remains unclear.

The documents appear to suggest the investigation was one branch of a wider set of investigations, possibly including anti-Keystone activists elsewhere in the country. The documents connect the investigation into anti-Keystone activists to other “domestic terrorism issues” in the agency and show there was some liaison with the local FBI “assistant weapons of mass destruction coordinator”. Mike German, a former FBI agent, who assisted the Guardian in deciphering the bureau’s documentation, said they indicated the agency had opened a category of investigation that is known in agency parlance as an “assessment”. Introduced as part of an expansion of FBI powers after 9/11, assessments allow agents to open intrusive investigations into individuals or groups, even if they have no reason to believe they are breaking the law. German, now a fellow at the Brennan Center for Justice in New York, said the documents also raised questions over collusion between law enforcement and TransCanada. “It is clearly troubling that these documents suggest the FBI interprets its national security mandate as protecting private industry from political criticism,” he said.

According to the FBI documents, the FBI concluded there were “no adverse consequences” emanating from its failure to seek approval for the sensitive investigation, noting the mistake was later “remedied”. The investigation continued for 11 months after the mistake was spotted. It was closed after the FBI’s Houston division acknowledged its failure to find sufficient evidence of “extremist activity”. Before closing the case, however, agents noted the existence of a file that was to be used as a repository for future intelligence “regarding the Keystone XL pipeline”. Since then, at least a dozen anti-tar sands campaigners in Oregon, Washington, and Idaho have been contacted by the FBI. The agency has said they are not under investigation.

Adam Federman is a contributing editor of Earth Island Journal

Wednesday, December 10, 2014

US State Dept Official Position on Torture

DECEMBER 9, 2014
After the September 11, 2001 attacks on the United States, the US government authorized the use of so-called “enhanced interrogation techniques” on terrorism suspects in US custody. For years US officials, pointing to Department of Justice memorandums authorizing these techniques, denied that they constituted torture. But many clearly do: International bodies and US courts have repeatedly found that “waterboarding” and other forms of mock execution by asphyxiation constitute torture and are war crimes,[1] Other authorized techniques, including stress positions, hooding during questioning, deprivation of light and auditory stimuli, and use of detainees’ individual phobias (such as fear of dogs) to induce stress, violate the protections afforded all persons in custody – whether combatants or civilians – under the laws of armed conflict and international human rights law, and can amount to torture or "cruel, inhuman, or degrading treatment."[2] Accordingly, the United Nations Committee against Torture and the UN Special Rapporteur on Torture have clearly stated that these techniques are torture.[3]
US President Barack Obama has acknowledged that the US used torture as part of the CIA’s post 9/11 interrogation program, and has said that waterboarding constitutes torture.[4] However, many current and former US officials still argue that the “enhanced interrogation techniques” were not torture.[5]The recent release of the summary of the Senate Intelligence Committee’s report on the CIA’s detention and interrogation program has heightened debate around this issue.
The claims of those who argue these techniques did not constitute torture are contradicted by past US statements criticizing other countries for using those same techniques. Below are some examples of such statements, drawn from the US Department of State’s annual Human Rights Reports.
Technique
Criticized by United States
Some Examples Used by United States
Waterboarding
The State Department’s 2003-2007 Human Rights Reports on Sri Lanka classified “near-drowning” as among “methods of torture.” In the reports on Tunisia from 1996 to 2004, “submersion of the head in water” is classified as “torture.”[6]
The United States government has officiallyacknowledged waterboarding only three detainees: Khalid Sheikh Mohammed, Abu Zubaydah, and Abd al-Rahim al-Nashiri. Mohammed was waterboarded 183 times, Zubaydah 83 times, and al-Nashiri twice.[7]
In Human Rights Watch’s 2012 reportDelivered into Enemy Hands, detainee Mohammed Shoroeiya described being repeatedly waterboarded during interrogations in Afghanistan. Another detainee cited in the same report, Sharif, said he was subjected to a similar method of water suffocation where he was made to lie down in a plastic sheet filled with icy water while wearing a hood as jugs of freezing water were poured over his nose and mouth. Their accounts contradict statements about the practice from senior US officials, such as former CIA Director Michael Hayden, whotestified to the Senate that the CIA waterboarded only three individuals.
Human Rights Watch’s 2011 report Getting Away with Torture details the numerous times US courts found that waterboarding, or variations of it, constitutes torture and is a war crime. Examples include a congressional inquiry of the early 1900s US occupation of the Philippines that led to the court martialing of several US soldiers, and several US military commissions in the World War II Pacific Theater which found that variants of waterboarding constituted torture.
Stress Positions, Forced Standing, Forced Nudity
The State Department’s 2006 Human Rights Report on Jordan deemed subjecting detainees to “forced standing in painful positions for prolonged periods” as torture.[8]In its 2000, 2001 and 2002 reports on Iran, “suspension for long periods in contorted positions” is described as torture.[9] In the 2002 report on Sri Lanka, “suspension by the wrists or feet in contorted positions” and remaining in “unnatural positions for extended periods” are described as “methods of torture.”[10] In the 2005 report on North Korea, “being forced to kneel or sit immobilized for long periods, being hung by one's wrists, being forced to stand up and sit down to the point of collapse” is classified as a method of torture. The 2005 Egypt reports cited the stripping and blindfolding of prisoners among the “principal methods of torture.”[11]
 
According to a report by the International Committee of the Red Cross, some detainees in US custody were subjected to “[p]rolonged stress standing position, naked, held with the arms extended and chained above the head … for periods from two or three days continuously, and for up to two or three months intermittently, during which period toilet access was sometimes denied resulting in allegations from four detainees that they had to defecate and urinate over themselves.” Many of the detainees also described being subjected to extended periods of nudity, ranging from several weeks to several months.
In Human Rights Watch’s Delivered into Enemy Hands, five former detainees in CIA custody described being chained to walls naked – sometimes while diapered – in pitch black, windowless cells, for weeks or months; restrained in painful stress positions for long periods; and forced into cramped spaces.
As Human Rights Watch detailed in Getting Away with Torture, stress positions were among a number of interrogation and detention techniques authorized for use by the Bush administration.
Threats of Harm to Person, Family
In the 2006 report on Turkey,“threats to detainees or family members,” and “mock executions” are classified as torture. In the 2006 report on Jordan, “threats of extreme violence or sexual or physical abuse of family members” are deemed as torture. In the 2002 report on Iraq, “threats to rape or otherwise harm family members and relatives” is considered torture.
According to a 2009 CIA Inspector General’sreport, during interrogations a CIA debriefer put an unloaded semi-automatic handgun to detainee Abd al-Rahim al-Nashiri’s head, and also turned a power drill on and off to frighten him while he was naked and hooded. Interrogators also made threats against Nashiri’s family, telling him, “We can get your mother in here,” and, “We can get your family in here.” In the ICRC report Nashiri also alleges that interrogators threatened to sodomize him and rape his family.
The CIA report also states that interrogators told Khalid Sheikh Mohammed: “We're going to kill your children.”
Sleep Deprivation, Use of Loud Music
In the 2005 and 2006 reports on Indonesia, Iran, Jordan, Libya, Saudi Arabia and Turkey, sleep deprivation was classified as torture.[12] In the 2002 State Department report on Pakistan, denial of sleep is described as a “common torture method.”[13] The 2002 report on Turkey lists “loud music” as a “torture method.”
In Human Rights Watch’s Delivered into Enemy Hands , detainees Mohammed Ahmed Mohammed al-Shoroeiya and Khalid al-Sharif stated that they were denied sleep by continuous, deafeningly loud Western music played from speakers right next to their ears.
The ICRC report details various methods used against detainees for sleep deprivation, from the continuous blaring of loud music or hissing noises to long interrogations and stress positions.[14] Abu Zubaydah, also known to have been held by the CIA, claimed that sometimes as he was falling asleep guards would splash water in his face to keep him awake.[15]
Prolonged Solitary Confinement, Confinement in Small Space
In the 2005 and 2006 reports on Jordan, “extended solitary confinement” is classified as “torture.”[16] The 2002 report on Iraq described “extended solitary confinement in dark and extremely small compartments” as torture. In the 2005 report on North Korea, “being forced to kneel or sit immobilized for long periods, being hung by one's wrists, being forced to stand up and sit down to the point of collapse” is classified as a method of torture. In the 2002 report on China, “prolonged periods of solitary confinement” and “incommunicado detention” are listed as torture.
The ICRC report describes how detainees were kept in prolonged solitary confinement and incommunicado detention (with no access to family or attorneys) for periods ranging from 16 months to as long as four-and-a-half years.
In Delivered into Enemy Hands , detainees describe being held in very small cells for prolonged periods of solitary confinement and incommunicado detention through much of their imprisonment.
Getting Away with Torture describes the CIA’s secret detention program as entailing “prolonged incommunicado detention.”
 
[1] Human Rights Watch, Getting Away with Torture, July 12, 2011, http://www.hrw.org/sites/default/files/reports/us0711webwcover_1.pdf, p. 55.
[2] Ibid.
[3] Ibid., p. 58.
[4] “Obama: ‘We Tortured Some Folks’ after 9/11,” CBS News, August 1, 2014,http://www.cbsnews.com/news/obama-we-tortured-some-folks-after-911/ (accessed December 5, 2014).
[5] Jose Rodriguez, former chief of the Central Intelligence Agency’s clandestine operations, recently said of the CIA’s enhanced interrogation program for example, that “it worked because it was not torture (“Watching ‘Zero Dark Thirty’ with the CIA: Separating Fact from Fiction,” Moderated Discussion at American Enterprise Institute Transcript, January 29, 2013, http://www.aei.org/wp-content/uploads/2013/01/-event-transcript_111915959376.pdf
(accessed December 5, 2014); Senate Intelligence Committee Vice-Chairman Saxby Chambliss has disputed the use of the term “torture” to describe the CIA’s enhanced interrogation program and said that waterboarding is “not torture, (Sandy Fitzgerald, “Saxby Chambliss: Senate Probe of CIA Interrogations “a Mistake,’” Newsmax August 3, 2014,http://www.newsmax.com/Newsfront/Chambliss-hacking-probe-CIA/2014/08/03/id/586557/(accessed December 5, 2014); Former US President George W. Bush has also said that “enhanced interrogation techniques” authorized by the Justice Department were legal and that waterboarding is not torture (see “Waterboarding is Torture, Downing Street Confirms,” The Guardian, November 9, 2010, http://www.theguardian.com/world/2010/nov/09/george-bush-memoirs-waterboarding(accessed December 5, 2014).  
[6] The Constitution Project, “The Report of The Constitution Project’s Task Force on Detainee Treatment,” 2013, http://detaineetaskforce.org/pdf/Full-Report.pdf (accessed December 2, 2014), p. 359; U.S. Department of State, Human Rights Report, 1996 - 2007, available athttp://www.state.gov/g/drl/rls/hrrpt/ (accessed December 2, 2014).
[7] Testimony of Michael Hayden in front of the Senate Select Committee on Intelligence, February 5, 2008, http://www.intelligence.senate.gov/pdfs/110824.pdf, p. 71-72. CIA Office of the Inspector General, “Special Review: Counterterrorism Detention and Interrogation Activities (September 2001 – October 2003),” May 7, 2004, declassified in August 2009,http://graphics8.nytimes.com/packages/pdf/politics/20090825-DETAIN/2004CIAIG.pdf (accessed July 2, 2012), (“CIA OIG report”), p. 90-91.
[8] The Constitution Project, “The Report of The Constitution Project’s Task Force on Detainee Treatment,” p. 359; U.S. Department of State, Human Rights Report, “Jordan,” 2006,http://www.state.gov/j/drl/rls/hrrpt/2006/78855.htm (accessed December 2, 2014).
[9] The Constitution Project, “The Report of The Constitution Project’s Task Force on Detainee Treatment,” p. 359; U.S. Department of State, Human Rights Report, “Iran,” 2000-2002, available at http://www.state.gov/j/drl/rls/hrrpt/2006/78855.htm (accessed December 2, 2014).
[10] The Constitution Project, “The Report of The Constitution Project’s Task Force on Detainee Treatment,” p. 359; U.S. Department of State, Human Rights Report, “Sri Lanka,” 2002, http://www.state.gov/j/drl/rls/hrrpt/2002/18315.htm (accessed December 2, 2014).
[11] Human Rights Watch, “Descriptions of Techniques Allegedly Authorized by the CIA,” November 21, 2005, http://www.hrw.org/legacy/english/docs/2005/11/21/usdom12071_txt.htm; US Department of State, Human Rights Report, “Egypt,” 2005, http://www.state.gov/j/drl/rls/hrrpt/2005/61612.htm (accessed December 2, 2014).
[12] The Constitution Project, “The Report of The Constitution Project’s Task Force on Detainee Treatment,” p. 360; U.S. Department of State, Human Rights Report, 2005-2006, available at http://www.state.gov/g/drl/rls/hrrpt/ (accessed December 2, 2014).
[13] Human Rights Watch, “Descriptions of Techniques Allegedly Authorized by the CIA”; U.S. Department of State, Human Rights Report, “Pakistan,” 2002, http://www.state.gov/j/drl/rls/hrrpt/2002/18314.htm (accessed December 2, 2014).
[14] ICRC, Regional Delegation for United States and Canada, “ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody,” p. 9, 29.
[15] Ibid., p. 15.
[16] The Constitution Project, “The Report of The Constitution Project’s Task Force on Detainee Treatment,” p. 360; U.S. Department of State, Human Rights Report, “Jordan,” 2005-2006, available at http://www.state.gov/j/drl/rls/hrrpt/ (accessed December 2, 2014).

Sunday, December 7, 2014

TORTURE Report Coming, Promise....

Featured photo - 12 Things to Keep in Mind When You Read the Torture Report














by DAN FROOMKIN - The Intercept
The Senate Intelligence Committee’s torture report will be released “in a matter of days,” a committee staffer tells The Intercept. The report, a review of brutal CIA interrogation methods during the presidency of George W. Bush, has been the subject of a contentious back-and-forth, with U.S. intelligence agencies and the White House on one side pushing for mass redactions in the name of national security and committee staffers on the other arguing that the proposed redactions render the report unintelligible.
Should something emerge, here are some important caveats to keep in mind:
1) You’re not actually reading the torture report. You’re just reading an executive summary. The full Senate Select Committee on Intelligence report on the CIA’s interrogation and detention program runs upward of 6,000 pages. The executive summary is 480 pages. So you’re missing more than 80 percent of it.
2) The CIA got to cut out parts. The summary has been redacted – ostensibly by the White House, but in practice by officials of the CIA, which, lest we forget, is the agency that is being investigated, that spied on and tried to intimidate the people conducting the investigation, and whose director has engaged in serial deception about the investigation. The original redactions proposed by the White House included eliminating even the use of pseudonyms to let readers keep track of major recurring characters, and appeared intended to make the summary unintelligible.
3) Senate Democrats had their backs to the wall. Senate Intelligence Committee chair Dianne Feinstein faced enormous pressure to get the summary out in some form, before the incoming Republican Senate majority could do the White House a solid and squelch it completely.
4) The investigation was extremely narrow in its focus. Committee staffers only looked at what the CIA did in its black sites; whether it misled other officials; and whether it complied with orders. That is somewhat like investigating whether a hit man did the job efficiently and cleaned up nicely.
5) The investigation didn’t examine who gave the CIA its orders, or why. The summary doesn’t assess who told the CIA to torture – despite the abundant evidence that former vice president Dick Cheney and his cabal architectedchoreographed and defended its use, with former president George W. Bush’s knowing or unknowing support.
6) Torture was hardly limited to the CIA. In fact, the worst of it was done by the military. Want to read a quality investigation of the U.S. torture of detainees? Go read this 2008 report from the Senate Armed Services Committee. That committee’s inquiry didn’t just expose the horrific, routinized abuse of detainees at Guantanamo, Abu Ghraib and elsewhere, it also laid out a clear line of responsibility starting with Bush and exposed his administration’s repeated explanation for what happened as a pack of lies. For some reason, it never got anywhere near the attention it deserved.
7) Senate investigators conducted no interviews of torture victims. As the Guardian reportedin late November: “Lawyers for four of the highest-value detainees ever held by the CIA, all of whom have made credible allegations of torture and all of whom remain in US government custody, say the Senate committee never spoke with their clients.”
8) Senate investigators conducted no interviews of CIA officials. As the Washington Times reported in August, committee staffers never spoke to either the senior managers of the torture program or the directors who oversaw it.
9) In fact, Senate investigators conducted no interviews at all. “We did not conduct interviews, but did make significant use of transcripts of interviews done by the CIA IG [Inspector General] and others during the program,” a Senate Intelligence Committee staffer emailed me recently. “That, together with the literally millions of pages of contemporaneous documents, emails, chat sessions, etc. make us confident in the accuracy and comprehensive nature of the report.” So it’s basically aggregation.
10) Bush and Cheney have acknowledged their roles in the program.  Bush and Cheney have both publicly acknowledged approving the use of waterboarding and other abusive forms of interrogation that are nearly universally considered torture. Cheney said in 2008 that he was “involved in helping get the process cleared.” “Yeah, we waterboarded Khalid Sheikh Mohammed,”Bush said in 2010. “I’d do it again to save lives.”
11) The report’s conclusion that torture didn’t do any good is a big deal. You may argue, as I do, that even if torture sometimes “worked”, it’s still immoral, criminal and ultimately counterproductive. As I wrote during the “Zero Dark Thirty” furor, torture is not about extracting information, it’s about power, revenge, rage and cruelty. It’s about stripping people of their humanity. Throughout its history, its only reliable byproduct has been false confessions. But the pro-torture argument is simple: The ends justify the means. So if the evidence is overwhelming that torture achieves nothing — or less than nothing — then we win the argument by default. 
12) No one has been held accountable. Aside from a handful of low-level soldiers at Abu Ghraib, no one has been held accountable for the U.S.’s embrace and widespread use of torture after the terror attacks of 9/11. And there are no signs that anyone will be. As a result, torture critics conclude that despite President Obama’s decision not to torture, there is no reason to assume that we won’t do it again in the future.
Photo: Charles Dharapak/AP
Email the author: dan.froomkin@theintercept.com
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NSA Illegally Invades Earth's Emails


By Ryan Gallagher, 
The Intercept
In March 2011, two weeks before the Western intervention in Libya, a secret message was delivered to the National Security Agency. An intelligence unit within the U.S. military’s Africa Command needed help to hack into Libya’s cellphone networks and monitor text messages.
For the NSA, the task was easy. The agency had already obtained technical information about the cellphone carriers’ internal systems by spying on documents sent among company employees, and these details would provide the perfect blueprint to help the military break into the networks.
The NSA’s assistance in the Libya operation, however, was not an isolated case. It was part of a much larger surveillance program—global in its scope and ramifications—targeted not just at hostile countries.
According to documents contained in the archive of material provided toThe Intercept by whistleblower Edward Snowden, the NSA has spied on hundreds of companies and organizations internationally, including in countries closely allied to the United States, in an effort to find security weaknesses in cellphone technology that it can exploit for surveillance.
The documents also reveal how the NSA plans to secretly introduce new flaws into communication systems so that they can be tapped into—a controversial tactic that security experts say could be exposing the general population to criminal hackers.
Codenamed AURORAGOLD, the covert operation has monitored the content of messages sent and received by more than 1,200 email accounts associated with major cellphone network operators, intercepting confidential company planning papers that help the NSA hack into phone networks.
One high-profile surveillance target is the GSM Association, an influential U.K.-headquartered trade group that works closely with large U.S.-based firms including Microsoft, Facebook, AT&T, and Cisco, and is currently being funded by the U.S. government to develop privacy-enhancing technologies.
Karsten Nohl, a leading cellphone security expert and cryptographer who was consulted by The Intercept about details contained in the AURORAGOLD documents, said that the broad scope of information swept up in the operation appears aimed at ensuring virtually every cellphone network in the world is NSA accessible.
THE OPERATION APPEARS AIMED AT ENSURING VIRTUALLY EVERY CELLPHONE NETWORK IN THE WORLD IS NSA ACCESSIBLE.
“Collecting an inventory [like this] on world networks has big ramifications,” Nohl said, because it allows the NSA to track and circumvent upgrades in encryption technology used by cellphone companies to shield calls and texts from eavesdropping. Evidence that the agency has deliberately plotted to weaken the security of communication infrastructure, he added, was particularly alarming.
“Even if you love the NSA and you say you have nothing to hide, you should be against a policy that introduces security vulnerabilities,” Nohl said, “because once NSA introduces a weakness, a vulnerability, it’s not only the NSA that can exploit it.”
NSA spokeswoman Vanee’ Vines told The Intercept in a statement that the agency “works to identify and report on the communications of valid foreign targets” to anticipate threats to the United States and its allies.
Vines said: “NSA collects only those communications that it is authorized by law to collect in response to valid foreign intelligence and counterintelligence requirements—regardless of the technical means used by foreign targets, or the means by which those targets attempt to hide their communications.”

Network coverage

The AURORAGOLD operation is carried out by specialist NSA surveillance units whose existence has not been publicly disclosed: the Wireless Portfolio Management Office, which defines and carries out the NSA’s strategy for exploiting wireless communications, and the Target Technology Trends Center, which monitors the development of new communication technology to ensure that the NSA isn’t blindsided by innovations that could evade its surveillance reach. The center’s logo is a picture of the Earth overshadowed by a large telescope; its motto is “Predict – Plan – Prevent.”
The NSA documents reveal that, as of May 2012, the agency had collected technical information on about 70 percent of cellphone networks worldwide—701 of an estimated 985—and was maintaining a list of 1,201 email “selectors” used to intercept internal company details from employees. (“Selector” is an agency term for a unique identifier like an email address or phone number.) From November 2011 to April 2012, between 363 and 1,354 selectors were “tasked” by the NSA for surveillance each month as part of AURORAGOLD, according to the documents. The secret operation appears to have been active since at least 2010.
The information collected from the companies is passed onto NSA “signals development” teams that focus on infiltrating communication networks. It is also shared with other U.S. Intelligence Community agencies and with the NSA’s counterparts in countries that are part of the so-called “Five Eyes” surveillance alliance—the United Kingdom, Canada, Australia, and New Zealand.
Aside from mentions of a handful of operators in Libya, China, and Iran, names of the targeted companies are not disclosed in the NSA’s documents. However, a top-secret world map featured in a June 2012 presentation on AURORAGOLD suggests that the NSA has some degree of “network coverage” in almost all countries on every continent, including in the United States and in closely allied countries such as the United Kingdom, Australia, New Zealand, Germany, and France.
map
One of the prime targets monitored under the AURORAGOLD program is the London-headquartered trade group, the GSM Association, or the GSMA, which represents the interests of more than 800 major cellphone, software, and internet companies from 220 countries.
The GSMA’s members include U.S.-based companies such as Verizon, AT&T, Sprint, Microsoft, Facebook, Intel, Cisco, and Oracle, as well as large international firms including Sony, Nokia, Samsung, Ericsson, and Vodafone.
The trade organization brings together its members for regular meetings at which new technologies and policies are discussed among various “working groups.” The Snowden files reveal that the NSA specifically targeted the GSMA’s working groups for surveillance.
Claire Cranton, a spokeswoman for the GSMA, said that the group would not respond to details uncovered by The Intercept until its lawyers had studied the documents related to the spying.
“If there is something there that is illegal then they will take it up with the police,” Cranton said.
By covertly monitoring GSMA working groups in a bid to identify and exploit security vulnerabilities, the NSA has placed itself into direct conflict with the mission of the National Institute for Standards and Technology, or NIST, the U.S. government agency responsible for recommending cybersecurity standards in the United States. NIST recently handed out a grant of more than $800,000 to GSMA so that the organization could research ways to address “security and privacy challenges” faced by users of mobile devices.
The revelation that the trade group has been targeted for surveillance may reignite deep-seated tensions between NIST and NSA that came to the fore following earlier Snowden disclosures. Last year, NIST was forced to urge people not to use an encryption standard it had previously approved after it emerged NSA had apparently covertly worked to deliberately weaken it.
Jennifer Huergo, a NIST spokewoman, told The Intercept that the agency was “not aware of any activities by NSA related to the GSMA.” Huergo said that NIST would continue to work towards “bringing industry together with privacy and consumer advocates to jointly create a robust marketplace of more secure, easy-to-use, privacy-enhancing solutions.”
gstreetview2
GSMA headquarters in London (left)

Encryption attack

The NSA focuses on intercepting obscure but important technical documents circulated among the GSMA’s members known as “IR.21s.”
Most cellphone network operators share IR.21 documents among each other as part of agreements that allow their customers to connect to foreign networks when they are “roaming” overseas on a vacation or a business trip. An IR.21, according to the NSA documents, contains information “necessary for targeting and exploitation.”
The details in the IR.21s serve as a “warning mechanism” that flag new technology used by network operators, the NSA’s documents state. This allows the agency to identify security vulnerabilities in the latest communication systems that can be exploited, and helps efforts to introduce new vulnerabilities “where they do not yet exist.”
The IR.21s also contain details about the encryption used by cellphone companies to protect the privacy of their customers’ communications as they are transmitted across networks. These details are highly sought after by the NSA, as they can aid its efforts to crack the encryption and eavesdrop on conversations.
Last year, the Washington Post reported that the NSA had already managed to break the most commonly used cellphone encryption algorithm in the world, known as A5/1. But the information collected under AURORAGOLD allows the agency to focus on circumventing newer and stronger versions of A5 cellphone encryption, such as A5/3.
The documents note that the agency intercepts information from cellphone operators about “the type of A5 cipher algorithm version” they use, and monitors the development of new algorithms in order to find ways to bypass the encryption.
In 2009, the British surveillance agency Government Communications Headquarters conducted a similar effort to subvert phone encryption under a project called OPULENT PUP, using powerful computers to perform a “crypt attack” to penetrate the A5/3 algorithm, secret memos reveal. By 2011, GCHQ was collaborating with the NSA on another operation, calledWOLFRAMITE, to attack A5/3 encryption. (GCHQ declined to comment for this story, other than to say that it operates within legal parameters.)
The extensive attempts to attack cellphone encryption have been replicated across the Five Eyes surveillance alliance. Australia’s top spy agency, for instance, infiltrated an Indonesian cellphone company and stole nearly 1.8 million encryption keys used to protect communications, the New York Times reported in February.
Click to enlarge.
The NSA’s documents show that it focuses on collecting details about virtually all technical standards used by cellphone operators, and the agency’s efforts to stay ahead of the technology curve occasionally yield significant results. In early 2010, for instance, its operatives had alreadyfound ways to penetrate a variant of the newest “fourth generation” smartphone-era technology for surveillance, years before it became widely adopted by millions of people in dozens of countries.
The NSA says that its efforts are targeted at terrorists, weapons proliferators, and other foreign targets, not “ordinary people.” But the methods used by the agency and its partners to gain access to cellphone communications risk significant blowback.
According to Mikko Hypponen, a security expert at Finland-based F-Secure, criminal hackers and foreign government adversaries could be among the inadvertent beneficiaries of any security vulnerabilities or encryption weaknesses inserted by the NSA into communication systems using data collected by the AURORAGOLD project.
“If there are vulnerabilities on those systems known to the NSA that are not being patched on purpose, it’s quite likely they are being misused by completely other kinds of attackers,” said Hypponen. “When they start to introduce new vulnerabilities, it affects everybody who uses that technology; it makes all of us less secure.”
“IT AFFECTS EVERYBODY WHO USES THAT TECHNOLOGY; IT MAKES ALL OF US LESS SECURE.”
In December, a surveillance review panel convened by President Obama concludedthat the NSA should not “in any way subvert, undermine, weaken, or make vulnerable generally available commercial software.” The panel also recommended that the NSA should notify companies if it discovers previously unknown security vulnerabilities in their software or systems—known as “zero days” because developers have been given zero days to fix them—except in rare cases involving “high priority intelligence collection.”
In April, White House officials confirmed that Obama had ordered NSA to disclose vulnerabilities it finds, though qualified that with a loophole allowing the flaws to be secretly exploited so long as there is deemed to be “a clear national security or law enforcement” use.
Vines, the NSA spokeswoman, told The Intercept that the agency was committed to ensuring an “open, interoperable, and secure global internet.”
“NSA deeply values these principles and takes great care to honor them in the performance of its lawful foreign-intelligence mission,” Vines said.
She declined to discuss the tactics used as part of AURORAGOLD, or comment on whether the operation remains active.
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Documents published with this article:
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Photo: Cell tower: Justin Sullivan/Getty Images; GSMA headquarters: Google Maps
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