I feel so much safer now!
The U.S. government is quietly pressuring telecommunications providers to install eavesdropping technology deep inside companies’ internal networks to facilitate surveillance efforts.
FBI officials have been sparring with carriers, a process that has on occasion included threats of contempt of court, in a bid to deploy government-provided software capable of intercepting and analyzing entire communications streams. The FBI’s legal position during these discussions is that the software’s real-time interception of metadata is authorized under the Patriot Act.
Attempts by the FBI to install what it internally refers to as “port reader” software, which have not been previously disclosed, were described to CNET in interviews over the last few weeks. One former government official said the software used to be known internally as the “harvesting program.”
Carriers are “extra-cautious” and are resisting installation of the FBI’s port reader software, an industry participant in the discussions said, in part because of the privacy and security risks of unknown surveillance technology operating on an sensitive internal network.
It’s “an interception device by definition,” said the industry participant, who spoke on condition of anonymity because court proceedings are sealed. “If magistrates knew more, they would approve less.” It’s unclear whether any carriers have installed port readers, and at least one is actively opposing the installation.
Also in surveillance news:
Two House members, GOP Rep. Morgan Griffith of Virginia andDemocratic Rep. Alan Grayson of Florida, have provided the Guardian with numerous letters and emails documenting their persistent, and unsuccessful, efforts to learn about NSA programs and relevant FISA court rulings.
“If I can’t get basic information about these programs, then I’m not able to do my job”, Rep. Griffith told me. A practicing lawyer before being elected to Congress, he said that his job includes “making decisions about whether these programs should be funded, but also an oath to safeguard the Constitution and the Bill of Rights, which includes the Fourth Amendment.”
Rep. Griffith requested information about the NSA from the House Intelligence Committee six weeks ago, on June 25. He asked for “access to the classified FISA court order(s) referenced on Meet the Press this past weekend”: a reference to my raising with host David Gregory the still-secret 2011 86-page ruling from the FISA court that found substantial parts of NSA domestic spying to be in violation of the Fourth Amendment as well as governing surveillance statutes.
In that same June 25 letter, Rep. Griffith also requested the semi-annual FISC “reviews and critiques” of the NSA. He stated the rationale for his request: “I took an oath to uphold the United States Constitution, and I intend to do so.”