Saturday, August 24, 2013

The New York Review of Books - James Bamford: They Know Much More Than You Think

They Know Much More Than You Think
by James Bamford
The New York Review of Books

In mid-May, Edward Snowden, an American in his late twenties, walked through the onyx entrance of the Mira Hotel on Nathan Road in Hong Kong and checked in. He was pulling a small black travel bag and had a number of laptop cases draped over his shoulders. Inside those cases were four computers packed with some of his country’s most closely held secrets.

Within days of Snowden’s documents appearing in The Guardian and The Washington Post, revealing several of the National Security Agency’s extensive domestic surveillance programs, bookstores reported a sudden spike in the sales of George Orwell’s classic dystopian novel 1984. On, the book made the “Movers & Shakers” list and skyrocketed 6,021 percent in a single day. Written sixty-five years ago, it described a fictitious totalitarian society where a shadowy leader known as “Big Brother” controls his population through invasive surveillance. “The telescreens,” Orwell wrote, “have hidden microphones and cameras. These devices, alongside informers, permit the Thought Police to spy upon everyone….”

Today, as the Snowden documents make clear, it is the NSA that keeps track of phone calls, monitors communications, and analyzes people’s thoughts through data mining of Google searches and other online activity. “Any sound that Winston made, above the level of a very low whisper, would be picked up by it,” Orwell wrote about his protagonist, Winston Smith.

There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.

Of course the US is not a totalitarian society, and no equivalent of Big Brother runs it, as the widespread reporting of Snowden’s information shows. We know little about what uses the NSA makes of most information available to it—it claims to have exposed a number of terrorist plots—and it has yet to be shown what effects its activities may have on the lives of most American citizens. Congressional committees and a special federal court are charged with overseeing its work, although they are committed to secrecy, and the court can hear appeals only from the government.

Still, the US intelligence agencies also seem to have adopted Orwell’s idea of doublethink—“to be conscious of complete truthfulness,” he wrote, “while telling carefully constructed lies.” For example, James Clapper, the director of national intelligence, was asked at a Senate hearing in March whether “the NSA collect[s] any type of data at all on millions or hundreds of millions of Americans.” Clapper’s answer: “No, sir…. Not wittingly.”

Three months later, following the revelations of the phone-log program in which the NSA collects telephone data—the numbers of both callers and the length of the calls—on hundreds of millions of Americans, Clapper switched to doublethink. He said that his previous answer was not a lie; he just chose to respond in the “least untruthful manner.” With such an Orwellian concept of the truth now being used, it is useful to take a look at what the government has been telling the public about its surveillance activities over the years, and compare it with what we know now as a result of the top secret documents and other information released by, among others, the former NSA contract employee Edward Snowden.

Looking back, the NSA and its predecessors have been gaining secret, illegal access to the communications of Americans for nearly a century. On July 1, 1920, a slim balding man in his early thirties moved into a four-story townhouse at 141 East 37th Street in Manhattan. This was the birth of the Black Chamber, the NSA’s earliest predecessor, and it would be hidden in the nondescript brownstone. But its chief, Herbert O. Yardley, had a problem. To gather intelligence for Woodrow Wilson’s government, he needed access to the telegrams entering, leaving, and passing through the country, but because of an early version of the Radio Communications Act, such access was illegal. With the shake of a hand, however, Yardley convinced Newcomb Carlton, the president of Western Union, to grant the Black Chamber secret access on a daily basis to the private messages passing over his wires—the Internet of the day.

For much of the next century, the solution would be the same: the NSA and its predecessors would enter into secret illegal agreements with the telecom companies to gain access to communications. Eventually codenamed Project Shamrock, the program finally came to a crashing halt in 1975 when a Senate committee that was investigating intelligence agency abuses discovered it. Senator Frank Church, the committee chairman, labeled the NSA program “probably the largest governmental interception program affecting Americans ever undertaken.”

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