The NSA is on the line -- all of them

An intelligence expert predicts we'll soon learn that cellphone and Internet companies also cooperated with the National Security Agency to eavesdrop on us.

By Kim Zetter

Read more: AT&T, Politics, News, National Security Agency

May 15, 2006 | When intelligence historian Matthew Aid read the USA Today story last Thursday about how the National Security Agency was collecting millions of phone call records from AT&T, Bell South and Verizon for a widespread domestic surveillance program designed to root out possible terrorist activity in the United States, he had to wonder whether the date on the newspaper wasn't 1976 instead of 2006.

Aid, a visiting fellow at George Washington University's National Security Archive, who has just completed the first book of a three-volume history of the NSA, knew the nation's bicentennial marked the year when secrets surrounding another NSA domestic surveillance program, code-named Project Shamrock, were exposed. As fireworks showered New York Harbor that year, the country was debating a three-decades-long agreement between Western Union and other telecommunications companies to surreptitiously supply the NSA, on a daily basis, with all telegrams sent to and from the United States. The similarity between that earlier program and the most recent one is remarkable, with one exception -- the NSA now owns vastly improved technology to sift through and mine massive amounts of data it has collected in what is being described as the world's single largest database of personal information. And, according to Aid, the mining goes far beyond our phone lines.

The controversy over Project Shamrock in 1976 ultimately led Congress to pass the 1978 Foreign Intelligence Surveillance Act and other privacy and communication laws designed to prevent commercial companies from working in cahoots with the government to conduct wholesale secret surveillance on their customers. But as stories revealed last week, those safeguards had little effect in preventing at least three telecommunications companies from repeating history.

Aid, who co-edited a book in 2001 on signals intelligence during the Cold War, spent a decade conducting more than 300 interviews with former and current NSA employees for his new history of the agency, the first volume of which will be published next year. Jeffrey Richelson, a senior fellow at the National Security Archive, calls Aid the top authority on the NSA, alongside author James Bamford.

Aid spoke with Salon about how the NSA has learned to maneuver around Congress and the Department of Justice to get what it wants. He compared the agency's current data mining to Project Shamrock and Echelon, the code name for an NSA computer system that for many years analyzed satellite communication signals outside the U.S., and generated its own controversy when critics claimed that in addition to eavesdropping on enemy communication, the satellites were eavesdropping on allies' domestic phone and e-mail conversations. Aid also spoke about the FBI's Carnivore program, designed to "sniff" e-mail traveling through Internet service providers for communication sent to and from criminal suspects, and how the NSA replaced the FBI as the nation's domestic surveillance agency after 9/11.

Having studied the NSA and its history extensively, were you surprised and concerned to discover that, since 2001, the agency has been amassing a database of phone records, and possibly other information, on U.S. citizens?

The fact that the federal government has my phone records scares the living daylights out of me. They won't learn much from them other than I like ordering pizza on Friday night and I don't call my mother as often as I should. But it should scare the living daylights out of everybody, even if you're willing to permit the government certain leeways to conduct the war on terrorism.

We should be terrified that Congress has not been doing its job and because all of the checks and balances put in place to prevent this have been deliberately obviated. In order to get this done, the NSA and White House went around all of the checks and balances. I'm convinced that 20 years from now we, as historians, will be looking back at this as one of the darkest eras in American history. And we're just beginning to sort of peel back the first layers of the onion. We're hoping against hope that it's not as bad as I suspect it will be, but reality sets in every time a new article is published and the first thing the Bush administration tries to do is quash the story. It's like the lawsuit brought by EFF [Electronic Frontier Foundation] against AT&T -- the government's first reaction was to try to quash the lawsuit. That ought to be a warning sign that they're on to something.

I'll tell you where this story probably will go next. Notice the USA Today article doesn't mention whether the Internet service providers or cellphone providers or companies operating transatlantic cables like Global Crossing cooperated with the NSA. That's the next round of revelations. The real vulnerabilities for the NSA are the companies. Sooner or later one of these companies, fearing the inevitable lawsuit from the ACLU, is going to admit what it did, and the whole thing is going to come tumbling down. If you want some historical perspective look at Operation Shamrock, which collapsed in 1975 because [Rep.] Bella Abzug [D-NY] subpoenaed the heads of Western Union and the other telecommunications giants and put them in witness chairs, and they all admitted that they had cooperated with the NSA for the better part of 40 years by supplying cables and telegrams.

The newest system being added to the NSA infrastructure, by the way, is called Project Trailblazer, which was initiated in 2002 and which was supposed to go online about now but is fantastically over budget and way behind schedule. Trailblazer is designed to copy the new forms of telecommunications -- fiber optic cable traffic, cellphone communication, BlackBerry and Internet e-mail traffic.

Were you really surprised to learn recently that the NSA was eavesdropping on phone calls, as the New York Times reported last December? I think most people assumed, or at least suspected, that the government had been monitoring some domestic conversations for years after the Echelon program was revealed. Echelon, though never confirmed by the government, was described as a global surveillance system that had the ability to intercept every phone, fax and e-mail conversation around the world.

I think it was generally assumed that when I heard breathing on the other end of the phone, it was the FBI and not the NSA listening in.

Since [the movie] "Enemy of the State" came out, everybody has assumed that the NSA had the ability to turn its antennas around and monitor us in the U.S. as much as they did anybody else. But I honestly believe that prior to 9/11, the NSA was not engaged in any domestic work at all. Then 9/11 changed the entire equation, and Congress, in its rush to prove how patriotic it was, passed the Patriot Act, which gave the government unlimited powers to conduct surveillance in the US. Basic freedoms were abridged.

Echelon, in fact, is nothing more than a VAX microcomputer that was manufactured in the early 1970s by Digital Equipment Corp., and was used at six satellite intercept stations [to filter and sort data collected from the satellites and distribute it to analysts]. The computer has long since been obsolete. Since 9/11, whatever plans in place to modernize Echelon have been put on hold. The NSA does in fact have a global intercept network, but they just call it the intercept collection infrastructure. They don't have a code name or anything sexy to describe it, and it didn't do domestic spying.

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