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Minggu, 06 Desember 2015

How NSA targeted the Venezuelan oil company PdVSA

NSA - You need to decide whether you’d prefer to have a super-sharp screen or killer battery life. The Lenovo Yoga 920 lasts hours longer than the HP, and performs better in benchmarks and games with the same CPU (although if this is thanks to the Meltdown vulnerability, the playing field is effectively levelled). lasvegas, well we have collected a lot of data from the field directly and from many other blogs so very complete his discussion here about NSA, on this blog we also have to provide the latest automotive information from all the brands associated with the automobile. ok please continue reading:


There aren't many new revelations from the Snowden-documents anymore, but recently an NSA document was published telling how the agency prepared the interception of communications from the Venezuelan oil company PetrĂ³leos de Venezuela, S.A. (PdVSA).

It's not a very spectacular disclosure, but it gives a nice insight in what an NSA analyst actually does. The story was published on November 18 by the website The Intercept and the Latin-American broadcaster teleSUR.

Most people will have read The Intercept's report, but that misses one of the most interesting details of the story. Here, the disclosed NSA document will be discussed in full, with details explained based upon information from earlier disclosures.



Building of PdVSA in Maracaibo with on its facade Fidel Castro's motto
"Patria, Socialismo o Muerte" (Fatherland, Socialism or Death)
(Photo: Reportero24)


The document that was published is an excerpt from SIDtoday, the internal newsletter of the NSA's Signals Intelligence Division from March 23, 2011 (which was apparently accessed (by Snowden?) on Saturday, November 10, 2012). It contains a story that is told by a Signals Intelligence Development (SIGDEV) analyst from the NSA's Transnational & Strategic Partnerships SIGDEV branch.

A SIGDEV analyst is someone who looks for new targets or new means to access communications of existing targets. His unit http://lasvegasin.blogspot.com /2014/01/nsas-organizational-designations.html">S2C13 is part of the International Security Issues (ISI) Product Line, which is responsible for analysis and production of intelligence about countries in Europe, South-America and elsewhere.


Intelligence requirements

As the analyst recalls, a year-end review had shown that there was no progress on the "Venezuelan Energy target set" as most reporting came from warranted collection. That could refer to PRISM and Upstream collection under section 702 FAA, but that only requires annual certifications approved by the FISA Court. Strictly spoken, individual warrants are only needed for "traditional FISA" collection, like for example for eavesdropping on the Venezuelan embassy in Washington.

The analyst decided to do a "target reboot", which he describes as "taking a fresh look at opportunities for collection". He first looked at specific Information Needs (INs) and used SURREY, which is the main NSA requirements database.

These requirements are the outcome of an administrative process, that starts with the US president setting the highest priorities for foreign intelligence collection. These priorities are then translated into the National Intelligence Priorities Framework (NIPF) for the US Intelligence Community as a whole.


Strategic Mission List

For Signals Intelligence (SIGINT), it's the National Signals Intelligence Committee (SIGCOM) that collects the requests for information from the various intelligence "consumers", checks whether they are consistent with the NIPF and assignes them a priority. An overview of the SIGINT priorities can be found in the 2007 http://lasvegasin.blogspot.com /2014/09/nsas-strategic-mission-list.html">Strategic Mission List, which was published in November 2013.

This document lists Venezuela as one of six countries that are treated as "enduring targets". According to this document, NSA should "Provide U.S. decision makers with a holistic SIGINT perspective of regional trends and developments" and also "Provide indicators of regime stability, particularly in the energy sector":



Section about Venezuela in the 2007 Strategic Mission List
(Click to enlarge)


Economic or commercial espionage?

The Intercept makes a point out of NSA targeting a petroleum company "for economic espionage" - earlier disclosures had already brought up the names of the Brazilian company Petrobras and Gazprom from Russia. Why that should be a problem isn't explained however: all three companies are government-controlled and oil is an issue of strategic interest for almost any country.

The website also cites US Director of National Intelligence James Clapper, who explained the difference between gathering intelligence on economic issues for government policy makers (which the US admits doing), and stealing trade secrets of foreign companies to help individual American corporations (which the US strongly denies doing). And in this case, there's (again) no evidence for the latter.


Collaboration

The story of the analyst then continues with that he met with the Target Office of Primary Interest (TOPI) responsible for Venezuelan targets, in order to "re-assure myself that we were both on the same page in regards to our goals". A TOPI consists of analysts who analyse the communications that come in as a result of the collection process and who prepare the intelligence reports.

These first steps show that NSA analysts work within a bureaucratic framework that requires collaboration with colleagues and superiors who make sure their activities are in accordance with the goals set by the government - as a rule, they're not free to target anyone at will, which is the impression people can get when listening to Edward Snowden.


Get started

The TOPI analyst wanted information from the highest level of PdVSA, i.e. from the president and members of the Board of Directors, as much of it as possible in the form of internet communications, which, unlike phone calls, don't have to be transcribed. Also there was no time for "extensive target development".

Then the SIGDEV analyst started his work. He first visited the PdVSA website on the internet for the names of the Board of Directors. He put them into a new document in Analyst's Notebook, which is an analysis tool widely used by intelligence and law enforcement agencies all over the world.



Demonstration of a "Pattern-of-Life Analysis" using Analyst's Notebook


Sigint already-collected

The next step was looking at what had already been collected about his targets. For this he first accessed the PINWALE database, which is NSA's main repository for all kinds internet content that was collected by using specific selectors (i.e. no bulk content collection).

A few queries, using the names he had found on the website, returned not much of interest: a lot of e-mails in which these persons were "cc-ed", but hardly anything to or from them personally. This also provided some e-mail addresses, but the analyst already knew these.

He entered the mail addresses into CADENCE, which is NSA's tasking tool for internet communications, and also into the Unified Targeting Tool (UTT). This would show whether these e-mail addreses were already tasked, which means whether the actual collection facilities had been instructed to collect the related communications.


Finding new selectors

Apparently collection against PdVSA did take place in the past, as PINWALE kept providing documents containing the target's names. This weren't communications, but some kind of information forms with contact details and organizational information about PdVSA employees.

The analyst says that these forms were similar to what is in NSA's SEARCHLIGHT database, which is the agency's internal personnel information system. As these information forms mention who within PdVSA is somebody's supervisor, they resulted in a whole tree of entries and names:



Internal PdVSA information form which shows president of the board
Rafael Ramirez as supervisor of another board member, Luis Vierma


Lots of them

The new selectors include business and private e-mail addresses and work, home and cell phone numbers. The newly found e-mail addresses could again be entered into CADENCE and the UTT, while the phone numbers could be used to enter them in OCTAVE, which is NSA's tasking tool to initiate the interception of telephone conversations. It's not said whether this happened or not - the TOPI analyst at least didn't prefer phone calls.

The Intercept writes that NSA apparently "collects so much communications data from around the world that it often fails to realize what it has". This however applies to most intelligence and law enforcement agencies that conduct automated eavesdropping: there are often way too many phone calls to listen in to, let alone digital communications to translate, read and analyse.


Internal network

When the SIGDEV analyst was analysing the PdVSA forms (of which there were over 10.000 in the PINWALE database), he discovered that they all came from IP addresses starting with 10.x.x.x and 172.18.x.x, which are from address ranges that are reserved for use within private networks. The analyst now realised these entries came from the internal PdVSA network, and not from communications over the public internet.

One of the most interesting details of this whole story is how NSA had been able to get access to PdVSA's internal network - which isn't told in the report by The Intercept, but only in the one from teleSUR...



Front side of the US embassy in Caracas, Venezuela
(Photo: Yongo @ SkyScraperCity.com)


Special Collection Service

After the analyst discovered that he was looking at information from the internal PdVSA network, he "fired off a few emails to F6 here and in Caracas, and they confirmed it!"

F6 is the NSA's http://lasvegasin.blogspot.com /2014/01/nsas-organizational-designations.html">internal designator for the Special Collection Service (SCS) units in which specialists from NSA and CIA cooperate against targets that require "close access". These units operate out of some 80 US embassies all over the world.

This means it was the SCS unit from the US embassy in Caracas that had been able to get access to the internal network of PdVSA. The story doesn't tell how they did this, but probably they found a way to secretly tap a network cable or switch over which the oil company's computer network runs. If this access was still active, it has now has certainly been compromised.


SCS operations

From an http://lasvegasin.blogspot.com /2013/10/how-nsa-targeted-chancellor-merkels.html">earlier revelation we know that the SCS unit in the US embassy in Berlin was responsible for eavesdropping on the (non-secure) mobile phone of German chancellor Merkel. Maybe that was also done by tapping a local telephone network, or by just intercepting the cell phone's airwave signals.

For such wireless interception operations, many US embassies have a rooftop structure that conceals sophisticated antenna and other eavesdropping equipment. Such a structure is also clearly visible on the roof of the US embassy in Caracas:



Back side of the US embassy in Caracas, with the rooftop structure
(Photo: Carlos Garcia Rawlins/Reuters - Click to enlarge)


XKEYSCORE

After finding out the source of those PdVSA forms, the SIGDEV analyst started to coordinate his work with the F6 unit in Caracas. Apparently they fed data from their network access into XKEYSCORE, which is NSA's system to buffer, index and search internet communications, not only from large submarine cables, but also from smaller accesses, like from the SCS units.

This enabled the analyst at NSA headquarters to search through a rolling buffer of several days worth of content, which is especially useful to find files which aren't directly associated with hard selectors like e-mail addresses.

This resulted in "several juicy pdf documents" and one of them was eventually used for preparing a serialized report (number 3/OO/505480-11) dated January 2011 and titled "Venezuela State-Owned Oil Company Information Shows a Decrease in Overall Oil Thefts and Losses" - which doesn't sound like a trade secret that would benefit individual US oil companies, but on the other hand shows that such high-level accesses are also used for rather general intelligence information.


Hacking opportunities

Through XKEYSCORE, the analyst also found over 900 username and password combinations of PdVSA employees, which he handed over to NSA's hacking division, Tailored Access Operations (TAO). With a username and password one doesn't have to "break in" into a network, which makes the access almost impossible to detect.

The analyst also provided TAO with some other data along with a targeting request, especially aimed at getting access to the e-mail boxes of the PdVSA board members.


It is not known whether this was successful, but The Intercept and teleSUR mention that in May 2011, which is two months after the analyst's story in SIDtoday, the US State Department announced sanctions to be imposed on PdVSA because it had delivered at least two cargoes of reformate (used to produce gasoline) to Iran between December 2010 and March 2011, worth approximately $ 50 million.



> See also: http://lasvegasin.blogspot.com /2013/09/an-nsa-eavesdropping-case-study.html">An NSA eavesdropping case study about targeting the presidents of Mexico and Brazil.



Rabu, 30 September 2015

NSA's Legal Authorities

NSA - You need to decide whether you’d prefer to have a super-sharp screen or killer battery life. The Lenovo Yoga 920 lasts hours longer than the HP, and performs better in benchmarks and games with the same CPU (although if this is thanks to the Meltdown vulnerability, the playing field is effectively levelled). lasvegas, well we have collected a lot of data from the field directly and from many other blogs so very complete his discussion here about NSA, on this blog we also have to provide the latest automotive information from all the brands associated with the automobile. ok please continue reading:

(Updated: October 7, 2016)

Since the start of the Snowden-revelations, we not only learned about the various collection programs and systems of the National Security Agency (NSA), but also about the various legal authorities under which the agency collects Signals Intelligence (SIGINT).

Bceause these rules are rather complex, the following overview will show which laws and regulations govern the operations of the NSA, showing what they are allowed to collect where and under which conditions. Also mentioned are various collection programs that run under these authorities.

The overview provides a general impression of the most important elements of the various laws and regulations and does not pretend to be complete in every detail. For example, provisions for emergency collection are not included. Also, some of these laws and regulations govern the work of other US intelligence agencies too, but here the focus is on the NSA.


Collection INSIDE the US:
Targeted collection - US persons & foreigners:

- Section 105 FISA
- Section 703 FISA Amendments Act (FAA)

Targeted collection - Foreigners:

- Transit Authority

- Section 702 FISA Amendments Act (FAA)
- PRISM Collection
- Upstream Collection

Bulk collection - US persons:

- Section 402 FISA (PR/TT)

- Section 215 USA PATRIOT Act (BR FISA)

- USA FREEDOM Act

Collection OUTSIDE the US:
Targeted collection - US persons:

- Sections 704 & 705 FISA Amendments Act (FAA)

Targeted & Bulk collection - Foreigners:

- Executive Order 12333
- Classified Annex Authority (CAA)
- Special Procedures governing Communications Metadata Analysis (SPCMA)



Diagram with a decision tree showing the various legal authorities
under which NSA can collect Signals Intelligence (SIGINT)
(Click to enlarge)



  - Inside the US - Targeted collection - US persons -
 

Section 105 FISA
- Effective since October 25, 1978.
- For communications of US citizens and foreigners, whether through a "facility" or individually, inside the US, for which there's a probable cause that they are agents of a foreign power or connected to an international terrorist group. Initially also for foreigners outside the US using an American webmail provider.
- Collection takes place at telephone and internet backbone switches, wireless networks, Internet Service Providers and data centers at over 70 locations inside the United States.
- Requires an individualized warrant from the FISA Court (which takes between four and six weeks), but if no US person will likely be overheard, only a certification by the Attorney General is required.
- Collection programs: BLARNEY, COWBOY (FAIRVIEW), PERFECTSTORM (STORMBREW)
 
Section 703 FISA Amendments Act (FAA)
- Effective since July 10, 2008; expires on December 31, 2017.
- For communications of a US person outside the US, when there is probable cause that this person is an officer, employee, or agent of a foreign power or related to an international terrorist group.
- Requires an individualized warrant from the FISA Court.
- Collection takes place inside the United States (see Section 105 FISA).


  - Inside the US - Targeted collection - Foreigners -
 

Transit Authority
- Effective since ?
- Probably based upon a presidential directive that has to be re-authorized regularly, but the 2009 STELLARWIND report says NSA is authorized to acquire transiting phone calls under EO 12333.
- For communications with both ends foreign: originating and terminating in foreign countries, but transiting US territory.
- Collection takes place inside the US, at major fiber-optic cables and switches operated by American telecommunication providers.
- Data may apparently be shared with other US intelligence agencies.
- Collection programs: http://lasvegasin.blogspot.com /2015/08/fairview-collecting-foreign.html">FAIRVIEW, STORMBREW, SILVERZEPHYR (OAKSTAR), ORANGEBLOSSOM (OAKSTAR)

 

Section 702 FISA Amendments Act (FAA)
- Effective since July 10, 2008; expires on December 31, 2017.
- For communications to or from foreigners who are reasonably believed to be outside the United States.
- Requires an annual certification by the Attorney General (AG) and the Director of National Intelligence (DNI), which has to be approved by the FISA Court. Certifications are known that have been approved for:
- Counter-Terrorism (CT, since 2007)
- Foreign Government (FG, since 2008; including some cyber threats since 2012)
- Counter-Proliferation (CP, since 2009)
- Cyber Threats (planned in 2012)
- Companies get a directive ordering them to cooperate. In return they are granted legal immunity and are compensated for reasonable expenses.
- Dissemination rules differ slightly per certification. Ordinarily, US person identifiers have to be masked, but unevaluated data may be shared with FBI and CIA, and foreign data may be shared with the 5 Eyes partners.
- Unencrypted data may be retained for up to 5 years, or for a longer period in response to an authorized foreign intelligence or counterintelligence requirement, as determined by the NSA's SIGINT Director.

Section 702 FAA has two components, each with slightly different rules:
 
PRISM Collection
- Only internet communications "to" and "from" specific e-mail addresses or other types of identifiers. Filtering only allowed for selectors, not for keywords.
- Collection is done by the FBI's DITU, which acquires the data from at least 9 major American internet companies. This results in both stored and future communications.
- Raw (unminimized) data may be shared with FBI and CIA.
- Data are retained for a maximum of 5 years.
- NSA is permitted to use US person identifiers for querying already-collected data when there's a reasonable expectation that this will return foreign intelligence.*
- Collection program: http://lasvegasin.blogspot.com /2014/04/what-is-known-about-nsas-prism-program.html">PRISM

 
Upstream Collection
- Both internet and telephone communications. The internet communications may be "to", "from" and "about" specific e-mail addresses or other types of identifiers, including IP addresses and cyber threat signatures.
- Collection takes place inside the US, at major telephone and internet backbone switches. This only results in future communications.
- Raw (unminimized) data may not be shared outside NSA.
- Data are retained for a maximum of 2 years.
- Collection programs: http://lasvegasin.blogspot.com /2015/08/fairview-collecting-foreign.html">FAIRVIEW, STORMBREW


  - Inside the US - Bulk collection - US persons -
 

Section 402 FISA (PR/TT)
- Effective since October 25, 1978.
- Since July 14, 2004, orders from the FISA Court allowed the NSA to collect domestic internet metadata in bulk under this authority. These metadata included the "to", "from", and "cc" lines of an e-mail, as well as the e-mail’s time and date.
- Only for Counter-Terrorism purposes.
- Collection took place inside the US, by acquiring the metadata from big American telecommunication providers.
- Query results could only be accessed by specially trained NSA analysts, and could only be shared for a counter-terrorism purpose.
- Data were being retained for a maximum of 5 years.
- Collection terminated in December 2011 for "operational and resource reasons" and all data were deleted, as the requirements could also be fulfilled under 702 FAA and SPCMA authorities.*
- Collection programs: ?

 

Section 215 USA PATRIOT Act (BR-FISA)
- Effective since October 26, 2001; expired as of May 31, 2015.
- Since 2006, orders from the FISA Court allowed the NSA to collect domestic telephone metadata in bulk under this authority. These metadata included the originating and receiving phone number, the date, time and duration of the call, and, since 2008, the IMEI and IMSI number.
- Only for Counter-Terrorism purposes: there must be a Reasonable and Articulable Suspicion (RAS) that the query term belongs to a foreign terrorist organization. The Emphatic Access Restriction (EAR) tool ensured that analysts only did queries on RAS-approved selectors.*
- Collection took place inside the US, by acquiring the metadata from big American telecommunication providers.
- Query results could only be accessed by specially trained NSA analysts, and could only be shared when a manager certifies the data are for a counter-terrorism purpose.
- Data were retained for a maximum of 5 years. Remaining data will be deleted after receiving direction from the appropriate court.
- Collection programs: http://lasvegasin.blogspot.com /2015/08/fairview-collecting-foreign.html">FAIRVIEW, STORMBREW

During a 180-day transition period, the NSA continued the collection of bulk telephony metadata under section 215 USA PATRIOT Act, which was until November 29, 2015. In this period, telephony metadata could only be queried after a judicial finding that there is a Reasonable, Articulable Suspicion (RAS) that the selector is associated with an international terrorist group. The results had to be limited to metadata within 2 (instead of 3) hops of the seed term.
 

USA FREEDOM Act
- Effective since June 2, 2015.
- Allows the NSA to request metadata from telephone companies based upon specific selection terms for which there's a Reasonable, Articulable Suspicion (RAS) that they are associated with a foreign power or an international terrorist group. These metadata may consist of "session-identifying information", like originating and receiving numbers, IMSI, IMEI and telephone calling card numbers, and the date, time and duration of the call. Collection of, and contact chaining on location data is prohibited.
- Requires a warrant from the FISA Court approving specific telephone numbers or other identifying selectors.
- NSA provides these selectors to the telecommunication providers, who have to produce the results of their queries (one or two hops from the initial selector) in a useful format, on a daily basis, and for a period of up to 180 days.
- Companies providing these data are granted legal immunity and will be compensated for reasonable expenses.
- All records that are not foreign intelligence information have to be destroyed promptly.
- Query results may be fully shared with CIA and FBI.
- Also, foreign terrorists may be tracked for up to 72 hours when they enter the US, with authorization by the Attorney General.



  - Outside the US - Targeted collection - US persons -
 

Section 704 & 705 FISA Amendments Act (FAA)
- Effective since July 10, 2008; expires on December 31, 2017.
- Collection takes place outside the United States.
- Data may be retained for up to 5 years, or for a longer period in response to an authorized foreign intelligence or counterintelligence requirement, as determined by the NSA's SIGINT Director. Inadvertent collection of US data has to be destroyed upon recognition, but the Attorny General can authorize exceptions.

The differences for these sections are:

Section 704 FAA
- For collection against a US person outside the US, when there is probable cause that this person is an officer, employee, or agent of a foreign power or related to an international terrorist group.
- Requires an individualized warrant from the FISA Court, for a period of up to 90 days.
 

Section 705(a) FAA
- For communications of a US person reasonably believed to be outside the United States.
- Requires an individualized warrant from the FISA Court.
- Collection may take place both inside and outside the United States.


Section 705(b) FAA
- For communications of a US person reasonably believed to be outside the US, when there is already an existing FISA Court order for collection against this person inside the US under section 105 FISA.
- Requires authorization by the Attorney General.



  - Outside the US - Targeted & Bulk collection - Foreigners -
 

Executive Order 12333
- Effective since December 4, 1981.
- For communications between foreigners outside the US.
- Requires no external approvals, except for fitting the http://lasvegasin.blogspot.com /2014/09/nsas-strategic-mission-list.html">mission and the goals set for NSA by the government.
- Collection takes place outside the US and for all foreign intelligence purposes. However, Presidential Policy Directive 28 (PPD-28) from January 17, 2014, limits bulk collection to the following 6 purposes:
- Espionage and other threats by foreign powers
- Threats from terrorism
- Threats from weapons of mass destruction
- Cybersecurity threats
- Threats to US or allied armed forces
- Threats from transnational crime
- Data may be shared with other US intelligence agencies, as well as with foreign partner agencies.
- Dissemination of US person identifiers is only allowed when necessary and personal information should not be inapproprately included in intelligence reports.
- Unencrypted data from targeted collection are retained for up to 5 years, unless it is determined that continued retention is required; encrypted data are retained for an unlimited period of time.
- Collection programs: OAKSTAR, http://lasvegasin.blogspot.com /2014/11/incenser-or-how-nsa-and-gchq-are.html#windstop">WINDSTOP (incl. http://lasvegasin.blogspot.com /2014/11/incenser-or-how-nsa-and-gchq-are.html">INCENSER, MUSCULAR, etc), http://lasvegasin.blogspot.com /2014/10/the-german-operation-eikonal-as-part-of.html#rampart-a">RAMPART-A (incl. SPINNERET, MOONLIGHTPATH, AZUREPHOENIX, etc), http://lasvegasin.blogspot.com /2014/05/nsas-largest-cable-tapping-program.html">DANCINGOASIS, MYSTIC, and many more.

Under EO 12333, there are two additional authorizations:
 
Classified Annex Authority (CAA)
- Effective since 1988.
- For communications of US persons outside the US, for whom there's probable cause that they are agents of a foreign power or engaged in international terrorism.
- Requires prior approval by the Attorney General, limited to a period of time of up to 90 days.
- Also for communications of a US person who is held captive by a foreign power or a terrorist group, which requires approval of the Director of NSA.
 

Special Procedures governing Communications Metadata Analysis (SPCMA)
- Effective since January 2011
- Allows contact chaining and other analysis on metadata already-collected under EO 12333, regardless of nationality and location, including US person identifiers.
- For the purpose of following or discovering valid foreign intelligence targets (i.e. not restricted to counter-terrorism).
- Only covers analytic procedures and does not affect existing collection, retention or dissemination (including minimization) procedures for US person information.
- SPCMA-enabled tools: ICREACH, Synapse Workbench, CHALKFUN



                         - Information Assurance -                        


Besides collecting Signals Intelligence, the NSA is also responsible for Information Assurance (IA). This mission is conducted under the following authorities:

- National Security Directive 42 ("National Policy for the Security of National Security Telecommunications and Information Systems", 1990)

- Executive Order 13587 ("Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information", 2011)

- . - . - . - . - . - . - . - . -


Links and sources
- Emptywheel.net: The Yahoo Scan: On Facilities and FISA
- Emptywheel.net: While It Is Reauthorizing FISA Amendments Act, Congress Should Reform Section 704
- IC on the Record: FACT SHEET: Implementation of the USA FREEDOM Act of 2015
- Emptywheel.net: Internet Dragnet Timeline - Phone Dragnet Timeline - 10 Goodies USA Freedom Act Gives the Intelligence Community
- Webpolicy.org: Executive Order 12333 on American Soil, and Other Tales from the FISA Frontier
- IC on the Record: Transition from the USA PATRIOT Act to the USA FREEDOM Act
- DNI.gov: Documents Regarding the Now-Discontinued NSA Bulk Electronic Communications Metadata
- Americanbar.org: Section 214 and Section 215 FISA
- National Research Council: Bulk Collection of Signals Intelligence: Technical Options (pdf) (2015)
- NSA Civil Liberties and Privacy Report about Targeted SIGINT Activities under EO 12333 (pdf) (2014)
- Privacy and Civil Liberties Oversight Board report about the Surveillance Program Operated Persuant to Section 702 FISA (pdf) (2014)
- Legal fact sheet: Executive Order 12333 (pdf) (2013)
- The Department of Defense Directive about NSA/CSS (pdf) (2010)
- NSA OGC: Course on legal compliance and minimization procedures (pdf)
- Memo about Reauthorization of the FISA Amendments Act (pdf)
- NSA OGC: FISA Amendments Act of 2008 - Section 702 - Summary Document (pdf)

Senin, 31 Agustus 2015

FAIRVIEW: Collecting foreign intelligence inside the US

NSA - You need to decide whether you’d prefer to have a super-sharp screen or killer battery life. The Lenovo Yoga 920 lasts hours longer than the HP, and performs better in benchmarks and games with the same CPU (although if this is thanks to the Meltdown vulnerability, the playing field is effectively levelled). lasvegas, well we have collected a lot of data from the field directly and from many other blogs so very complete his discussion here about NSA, on this blog we also have to provide the latest automotive information from all the brands associated with the automobile. ok please continue reading:

(Updated: September 7, 2015)

On August 15, The New York Times and Pro Publica published a story in which the big US telecommunications company AT&T was identified as a key partner of the NSA.

Interesting details about this cooperation and the cable tapping were already in the 2008 book The Shadow Factory by James Bamford, but with the new story, also a number of clarifying documents from the Snowden-trove were disclosed.

Among them are some powerpoint presentations that contain the slides which had been shown on Brazilian televion two years ago. They were first http://lasvegasin.blogspot.com /2014/01/slides-about-nsas-upstream-collection.html">discussed on this weblog in January 2014.

Here we will combine these new and old documents to provide a detailed picture of this important collection program, that was previously misunderstood on various occasions.





The AT&T switching center at 611 Folsom Street, San Francisco,
where there's a cable access under the FAIRVIEW program
(Photo via Wikimapia - Click to enlarge)

 

Context

At NSA, the division Special Source Operations (SSO) is responsible for collecting data from backbone telephone and internet cables. For that, SSO also cooperates with private telecommunication providers under the following four programs, which are collectively referred to as Upstream Collection:
- BLARNEY (collection under FISA authority, since 1978)
- FAIRVIEW (cooperation with AT&T, since 1985)
- STORMBREW (cooperation with Verizon, since 2001)
- OAKSTAR (cooperation with 7 other telecoms, since 2004)*

Before the new revelations, it was often assumed that BLARNEY was the program for NSA's cooperation with AT&T. The Wall Street Journal reported this in August 2013, based upon former officials, saying that BLARNEY was established for capturing foreign communications at or near over a dozen key international fiber-optic cable landing points. This assumption was also followed by Glenn Greenwald in his book No Place to Hide from May 2014.

In a letter to Cryptome, James Atkinson suggests that BLARNEY was the covername for cooperation with AT&T since 1978, and that after the Bell break-up, BLARNEY stayed active for FISA collection, and the new covername FAIRVIEW was created for the "new" AT&T. One new slide however, shows that BLARNEY actually encompasses all (over 30) companies that are cooperating for FISA collection, including of course AT&T and Verizon.


Speculations

The assumption that BLARNEY was the program for AT&T left room for speculation about the purpose and scope of the FAIRVIEW program.

For example, former NSA official and whistleblower Thomas Drake told DailyDot.com in July 2013 that FAIRVIEW was for tapping into the world's intercontinental fiber-optic cables and "to own the Internet". According to Drake it was an umbrella program with other programs, like BLARNEY, underneath it.

Similarly speculative was Bill Binney, also a former NSA official who left and became a whistleblower in 2001. On multiple occasions he said that a map showing the FAIRVIEW tapping points proofs that NSA collects "content and metadata on US citizens" because those collection points are spread across the country:



Slide from an NSA presentation as shown on the Brazilian
television show FantĂ¡stico on September 8, 2013


The new revelations by The New York Times and Pro Publica have now shown that the explanations by both Drake and Binney were misleading: FAIRVIEW is neither an overarching internet tapping program, nor is it collecting communications of US citizens.


Cover names

Closest to the truth came NSA historian Matthew Aid, who in an article by The Washington Post from October 2013, said that STORMBREW is the NSA alias used for Verizon, while FAIRVIEW stands for AT&T.

That's the right connection, although STORMBREW and FAIRVIEW aren't the cover names for these companies themselves, but the code words for the programs under which NSA cooperates with these telecoms.

The cover name for AT&T itself (at least under the BLARNEY program) is probably LITHIUM and for Verizon ARTIFICE. Cover names for other, but yet unidentified US telecoms are ROCKSALT, SERENADE, STEELKNIGHT and WOLFPOINT - their actual names are in the Exceptionally Controlled Information (ECI) compartment WHIPGENIE (WPG).

Although Snowden seems to have had no access to that ECI compartment, reporters for Pro Publica were able to identify both companies based upon various details found in the NSA documents about the STORMBREW and FAIRVIEW programs.

  Legal authorities

The actual purpose of FAIRVIEW can be learned from an NSA presentation, which clearly says the program is for collecting communications of foreign targets at collection points that are inside the United States. Two other excerpts say that FAIRVIEW is also used for current and future "cyber plans", which probably include searching for malware signatures.

All this happens under three different legal authorities, and for each there's a different http://lasvegasin.blogspot.com /p/sigint.html">SIGINT Activity Designator (SIGAD):
Traditional FISA:
- Communications of persons being agents of foreign powers or connected to international terrorist groups
- Individualized warrant needed from the FISA Court
- Internet traffic only (SIGAD: US-984T)

Section 702 FAA:
- Communications of foreigners/with one end foreign
- Must be justified under an annual FAA Certification
- All kinds of internet traffic (SIGAD: US-984XR)
- Telephone traffic (SIGAD: US-984X2)

Transit Authority:
- Communications with both ends foreign
- No external approval required
- Internet traffic: only e-mail (SIGAD: US-990)
- Telephony: according to "Directory ONMR" (SIGAD: US-990)

For collection under Transit Authority, the presentation says that communications "must be confirmed foreign-to-foreign", which is ensured by filters at the actual tapping points (see stage 1 of the dataflow, down below).

These filters only forward authorized traffic to the selection engines, which then pick out the communications that match with strong selectors, like e-mail addresses, phone numbers, etc. These selectors are entered into the system by analysts using the tasking tools UTT, CADENCE (for internet) and OCTAVE (for telephony).

Examples of such selected, authorized traffic can be seen in a number of slides that were shown in a FantĂ¡stico report from July 9, 2013. They are from a presentation that has not yet been released. These slides contain maps, which show the amount of internet traffic to countries like North Korea, Russia, USA and Iran, as seen on March 4-5, 2012.
Scroll here > 

In the first slide we see for example internet traffic (DNI) to USA, which has been determined to be foreign-to-foreign and may therefore be collected under Transit Authority. As such, front-end filters forwarded this traffic to the selection engines for further filtering.



The slide below has a map showing the internet traffic to USA, which is eligible for collection under FAA authority:



The next slide shows a list of "Top 20 USAi domains (.pk)" which where tracked between February 15, 2012 and March 11, 2012:



A map representing "1 Day view of authorized (FAA ONLY) DNI traffic volumes to North Korea within FAIRVIEW environment", which means internet traffic which is authorized for collection under FAA authority:



Next is a list op "Top 20 North Korean domains (.kp)" which where tracked between February 15, 2012 and March 11, 2012. Note that only two websites generate notable traffic, all other have less than 1 Kbps:



A map showing internet traffic to Iran, which is eligible for collection under FAA authority:



A map showing internet traffic to Russia, which is authorized for collection under Transit authority:




Determining what traffic is foreign is done by filtering based upon telephone country codes and internet IP addresses. For telephony this is quite reliable, but particularly for internet traffic, the speaker's notes for another NSA presentation admit that it is difficult to proof the foreigness. Therefore, it is occasionally discovered that one end of an intercept is actually in the US, which then has to be reported as a "domestic incident".

  Tapping points

One of the most interesting new documents is an NSA presentation from 2010 about the Corporate Partner Accesses, which has the map for the FAIRVIEW program with all the domestic dots, but this time with the explaining legend:




From the legend in combination with the dots on the map, we learn that under the FAIRVIEW program, NSA at that time had access points at the following parts of the AT&T network:
- Peering Link Router Complexes (8)
- VoIP Router Complexes (26, planned: 0)
- Hub VoIP Router Complex (1, planned: 30)
- Program Cable Stations (9, planned: 7)
- Non-Program Cable Stations (0)
- RIMROCK 4ESS Circuit Switches (16)
- Program Processing Site (1)

One important thing is that most of the markers inside the US do not represent traditional cable tapping points like those along the borders, but are current and planned accesses to Voice over IP communications. Here's some explanation about the other types of access points too:

Peering Link Router Complex
NSA has 8 access points at AT&T Peering Link Router Complexes. According to Pro Publica they correspond to AT&T's Service Node Routing Complexes (SNRCs), where other communication providers connect to the AT&T backbone through OC-192 and 10GE fiber-optic cables. For NSA, this means they can catch traffic from those other providers too. This backbone access is codenamed SAGURA or SAGUARO. The 8 facilities are in:
- Seattle
- San Francisco
 - Los Angeles
- Dallas
 - Chicago
- Atlanta
 - New York City
- Washington DC
It was this kind of access point that was/is in Room 641A in San Francisco, as was exposed by Mark Klein during a lawsuit in 2006. Klein told that the equipment in room 641a was installed early 2003, which could fit the turning on of "a new DNI (Digital Network Intelligence) collection capability" in September of that year.

VoIP Router Complex
The largest number of active access points, 26, are at VoIP Router complexes, which are apparently used for routing voice communications over IP networks, like the internet. No new accesses of this kind were plannend, but expansion seems to be in the next category:

Hub VoIP Router Complex
In the map from 2010 we see only one active access at a Hub VoIP Router Complex, which is somewhere near New York City (maybe in Florham Park, NJ, where AT&T has a data warehouse and its laboratory?). Access to VoIP communications was clearly seen as something that needed expansion, as 30 locations are marked as a planned access point. Unfortunately, no documents have yet been released about this effort.



Map of the US internet backbone network of AT&T in 2009
(Source: AT&T brochure - Click to enlarge)



Program Cable Station
At the time of the presentation, there were 9 AT&T cable stations with a tapping facility, and another 7 for which that was planned. For an article on Pro Publica, it was found out that 9 of these active and planned stations in the continental US correspond to cable landing stations owned by AT&T.
There are also two active and five planned accesses at cable landing points which are probably located in Hawaii and Puerto Rico. Some of the active facilities are in:
- Nedonna Beach, Oregon
- Point Arena, California
- San Luis Obispo, California
- Tuckerton, New Yersey
- West Palm Beach, Florida

RIMROCK 4ESS Circuit Switch
These facilities refer to a 4ESS switch, which is used for long-distance telephone switching. Approximately 100 of these switches are operated by AT&T, but according to the map, only 16 of them have a tapping facility codenamed TOPROCK. Except for two, they are situated along the US border, so seem to be for collecting (the metadata of) in- and outgoing phone calls. These sites appear to be in or near:
- Seattle
- Spokane
- Sacramento
- Los Angeles
 - San Diego
- Albuquerque
- San Antonio
- Lansing
 - Atlanta
- Pittsburgh
- Buffalo

 - Kingston
- Hartford (2)
- New York City (2)


Program Processing Site
Finally, there's one centralized Program Processing Site, which is codenamed PINECONE. The map indicates that it's situated somewhere near the AT&T cable landing station of Tuckerton in New Jersey.



The AT&T intercontinental cable landing station in Tuckerton, New Jersey,
which got a fake facade when residences were build around it.
(Photo: Bing maps - Click to enlarge)


  Dataflow

Seen for the first time is an NSA presentation from 2012 with five diagrams showing the dataflow for the various collection methods under the FAIRVIEW program. There are diagrams for:
- Transit internet content (US-990)
- Transit internet metadata (US-990)
- Transit telephony metadata and SMS (US-990)
- FISA e-mail content (US-984T)
- FISA internet content (US-984T)

There are no diagrams for FAIRVIEW collection under the authority of section 702 FAA.



Dataflow for internet content collected under the
FAIRVIEW program under Transit Authority
(Click to enlarge)



These diagrams show that processing the data from tha various collection points takes places in 3 different stages at 3 different locations:
1. Access and processing at the partner company
2. Site processing in a central secure facility
3. Processing and storage at NSA headquarters

Here's a description of what roughly happens during these 3 stages:


1. Access and processing at the partner company

In the first stage, AT&T provides access to internet and telephone cables and does some filtering and processing right at the various tapping points:
- For the internet collection, we see that the traffic is split at the switches where AT&T's own accesses, as well as peering partner's cables connect to the AT&T Common Back Bone (CBB).

This duplicated traffic goes to one or more routers, where "Foreign IP Filtering" takes place to select foreign and discard domestic traffic. The remaining data stream is then sent over to the central processing facility of the second stage, probably over OC-48 links of 2,4 Gbit/s. The same happens with traffic from other cable access points codenamed MESA.

It was this kind of installation that Mark Klein discovered in Room 641A in the SBC building in San Francisco in 2006. Many people assumed that in this way, NSA was able to store everything that runs over those cables, including American's communications, but now we know that filters ensure that only foreign traffic is sorted out for further processing.
Update:
Klein also testified that in room 641A there was equipment from Narus, which can be used to sessionize and filter data streams, but this is not seen in the diagrams. Maybe, after the exposure of room 641A, NSA moved that kind of equipment from the actual AT&T tapping points to the centralized processing facility codenamed PINECONE.

According to an NSA glossary, there are tens of thousands access links to the AT&T Common BackBone, which "would make 100% coverage prohibitively expensive". Therefore, NSA's Operations and Discovery Division (ODD) worked with AT&T to rank the access routers, and (only?) 8 router uplinks were deemed of high SIGINT interest and subsequently nominated for monitoring.

- Telephone metadata under Transit Authority are collected from Foreign Gateway Switches and "ATPs", by a "CNI [Calling Number Identification] & Call Processor" in facilities codenamed TOPROCK. These metadata are also sent over to the central processing facility of the second stage.


One of the doors to room 641A in the building of AT&T in San Francisco,
where there's an access point to the AT&T Common BackBone


2. Site processing in a central secure facility

The second stage comprises processing which takes place at a central location, in a highly secured building, a Sensitive Compartmented Information Facility (SCIF), which for the FAIRVIEW program is codenamed PINECONE. The equipment there is partly controlled by the partner company and partly by NSA.

Processing data from the many tapping points under the FAIRVIEW program at one central facility is only possible when already large amounts have discarded during the first stage. The remaining data stream is probably sent (unencrypted) to PINECONE over dedicated links within the AT&T network.
- Internet data arrive at IP Routers (IPRs) and via IP Processors (IPPs) go to an "Information Media Manager Distribution Box". Internet metadata then go directly to MAILORDER. This device sends them to NSA headquarters (NSA-W), where they are received by another MAILORDER box.

Until now, MAILORDER was known as a tool for transferring data, but now it becomes clear that MAILORDER is also the device that encrypts the data so they can be transmitted safely from the PINECONE facility to NSA headquarters.

Before going to MAILORDER, internet content has to pass another box codenamed COURIERSKILL/CLEARSIGHT. This device also gets an input from the CADENCE tasking tool at NSA headquarters: the selectors for filtering.

Therefore, COURIERSKILL/CLEARSIGHT is the device that sorts out the communications that match the e-mail addresses and other identifiers as requested by NSA analysts. For e-mail collection under FISA authority, this filtering is done (directly) by XKEYSCORE.

After passing GATEKEEP, which could be some kind of access control system, the filtered internet content of interest goes to MAILORDER to be sent over to Fort Meade.

- Telephone metadata and SMS messages also pass an "Information Media Manager Distribution Box", which is connected to an unknown device marked NGTPD. Via MAILORDER, these data too are sent over to NSA headquarters.

3. Processing and storage at NSA headquarters

In the third and final stage, which is at NSA headquarters, the data from the central processing facility PINECONE arrive at a MAILORDER box, which is on the FAIRVIEW Local Area Network (LAN) codenamed HIGHDECIBEL.

From this LAN, the data are sent to NSA's core corporate network, again via secure MAILORDER transmission, to be stored in the various and meanwhile well-known databases, like PINWALE, MAINWAY, MARINA, FASCIA and DISHFIRE.
- Internet content first passes FISHWAY, which is a "Data Batching & Distribution System", and then SCISSORS. The latter was first seen in the earliest PRISM slides, and is a "Data Scanning, Formatting & Distribution System", as we learn from this diagram.

Raw internet content and e-mails collected under FISA authority are stored in the RAGTIME partition of the PINWALE database and are classified as TOP SECRET//SI-ECI RGT//REL [...].

- Internet metadata first pass FALLOUT, which is an internet metadata ingest processor/database, while telephone metadata and SMS go to FASCIA, which has the same function for this type of data.



Overview of the numbers of data collected under the FAIRVIEW program
(Click to enlarge)

  Results

According to one of the newly disclosed NSA documents, the internet access under the FAIRVIEW program was initially used only for collecting e-mail messages. In 2003, this resulted in more than one million e-mails a day being forwarded to the keyword selection system at NSA headquarters.

This number had risen to 5 million a day in 2012, which remained after applying some kind of "3 Swing Algorithm" to 60 million foreign-to-foreign e-mail messages that were captured by FAIRVIEW every day under Transit Authority - according to the speaker's notes for an NSA presentation from 2012.

Again we see a huge amount of data passing (which in de documents is called "captured" by) the FAIRVIEW tapping points, but that filters only select a small part which is then forwarded to the NSA for further selection. The 5 million e-mail messages a day in 2012 made 150 million a month and 1,8 billion a year.


BOUNDLESSINFORMANT

The most recent numbers of the data collected under FAIRVIEW can be derived from a chart from the NSA's BOUNDLESSINFORMANT tool, which was published in May 2014 as part of Glenn Greenwald's book No Place to Hide:




During the one month period between December 10, 2012 and January 8, 2013, exactly 6.142.932.557 metadata records were counted for collection under Transit Authority, which for the FAIRVIEW program is denoted by the SIGAD US-990.

This means the numbers for FAIRVIEW collection under FISA and section 702 FAA authority are not included in this chart. But in those cases, only communications related to specific e-mail addresses or similar identifiers are collected, which results in far smaller numbers: according to a 2011 FISA Court ruling (pdf), Upstream collection under section 702 FAA resulted in just 22 million "internet communications" each year.

The over 6 billion records for FAIRVIEW account for only 3,75% of the http://lasvegasin.blogspot.com /2014/06/some-numbers-about-nsas-data-collection.html#ssocollection">total number of data the NSA collects through its cable tapping programs, which is remarkably small given the large number of access points at major internet cables and switches.


Tech details

In the lower part, the pie chart shows that under Transit Authority, roughly the following number of records were counted for FAIRVIEW:

- 87% or 5,3 billion: Personal Communications Services (PCS, cell phone, etc)
- 2% or 122 million: Mobile communications-over-IP (MOIP)
- 8% or 488 million: Public Switched Telephone Network (PSTN)
- 3% or 183 million: Internet communications (DNI)

As reflected by the bar chart, the overwhelming majority of data come from foreign-to-foreign telephone communications, mostly from cell phones. Because there's no dataflow diagram for the content of phone calls, it's possible that this is only telephone metadata and SMS messages.

Only about 3% comes from foreign-to-foreign e-mail messages, for which some 183 million metadata records were counted. This number comes close to the roughly 150 million e-mails a month that were processed in 2012, which could indicate that one metadata record equals one e-mail message.

The technology used to process 97% of these data is called FAIRVIEWCOTS, which could be a combination of the program's codename and the abbreviation COTS, which stands for Commercial-Of-The-Shelf equipment. Only nearly 3%, so probably the e-mail traffic, is processed by a hitherto unknown system codenamed KEELSON. Finally, a tiny number also went through SCISSORS.


Product reports

After the data have been collected and stored, analysts go through it, looking for useful intelligence information and put that in so-called product reports. A slide from a 2012 presentation about SSO's Corporate Portfolio, shows the Top Ten programs based upon the product reports that were prepaired during the fiscal year 2010-2011:




We see that with 7357 product reports, US-990, which is FAIRVIEW collection under Transit Authority, ranks as the second most productive source. However, 4 times more reports came from collection under section 702 FAA, which is not only derived from PRISM, but also from the STORMBREW and FAIRVIEW programs.

Although below the program ranking first, there are not very big differences in the numbers of reports, the chart still shows how focused FAIRVIEW collection must be: the 3,75% of the data it pulls in, is apparently so useful that it results in a big number of product reports.

From a different presentation, we have a similar diagram with the numbers for the fiscal year 2009-2010:



Cooperation

The FAIRVIEW map also mentions a close partnership with the FBI. Under the PRISM program it's the FBI that actually picks up the data at the various internet companies, but for Upstream collection, like under FAIRVIEW, that's not the case: here the NSA has a http://lasvegasin.blogspot.com /2014/04/what-is-known-about-nsas-prism-program.html#slide13">direct relationship with the telecoms.

This leaves the option that the FBI (just like the DEA and the CIA) is also a so-called customer of the program, meaning that the Bureau can request the collection of certain target's communications and access some of the data that NSA collected under FAIRVIEW.

  Domestic metadata

The newly disclosed documents about FAIRVIEW also provide some new details about the bulk collection of domestic metadata, which is considered to be one of the most controversial activities of the NSA. Somewhat unexpected is that for AT&T this happens under FAIRVIEW, instead of a separate program.


Internet metadata

An NSA document from 2003 seems to be about bulk internet data. It says that FAIRVIEW also collected "metadata, or data about the network and the communications it carries" and that for September 2003 alone, "FAIRVIEW captured several trillion metadata records - of which more than 400 billion were selected for processing or storage".

This doesn't really sound like AT&T handed over bulk metadata indiscriminately, but it would fit how it's described in the 2009 STELLARWIND-report (in which, according to Pro Publica, AT&T is mentioned as "Company A") about the collection efforts under the President's Surveillance Program (PSP):
"In order to be a candidate for PSP IP metadata collection, data links were first vetted to ensure that the preponderance of communications was from foreign sources, and that there was a high probability of collecting al Qaeda (and affiliate) communications. NSA took great care to ensure that metadata was produced against foreign, not domestic, communications"

It seems that at that time, AT&T did hand over massive amounts of internet metadata from its domestic infrastructure, but also made sure these were not about American communications.
Update:
The "internet dragnet", that is, the bulk collection of internet metadata of domestic communications under the authority of section 402 FISA (at NSA called PR/TT) was first approved by the FISA Court on July 14, 2004. That means, the 400 billion metadata collected under FAIRVIEW in 2003 were not yet part of the PR/TT bulk collection, and accordingly not domestic.

It is still remarkable that AT&T was able to forward 400 billion metadata records a month just from its foreign communications: in 2012, the http://lasvegasin.blogspot.com /2014/06/some-numbers-about-nsas-data-collection.html#volumes">total number of internet metadata that NSA collected worldwide was "just" 312 billion a month.

The 2003 document says these metadata were flowing to http://lasvegasin.blogspot.com /2016/01/section-215-bulk-telephone-records-and.html">MAINWAY, which appears to be not only for telephone records, but "NSA's primary tool for conducting metadata analysis" in general.* One of the dataflow diagrams also shows that internet metadata first flow into MAINWAY, and from there to MARINA, which is the repository for internet metadata:



Dataflow for internet metadata collected under the
FAIRVIEW program under Transit Authority
(Click to enlarge)


> See also: http://lasvegasin.blogspot.com /2016/01/section-215-bulk-telephone-records-and.html">Section 215 bulk telephone records and the MAINWAY database


Telephone metadata

About bulk telephone metadata there's an NSA document from 2011. It says that as of September 2011, FAIRVIEW began handing over "1.1 billion cellular records a day in addition to the 700M records delivered currently" under the Business Record (BR) FISA authorization, which refers to section 215 of the USA PATRIOT Act.

It was already known that the major US telecoms handed over their metadata records of landline telephone calls, but here we see that AT&T also started doing so for cell phone calls.

And for the very first time we also have some numbers now: the total of 1,8 billion a day provided by AT&T make 54 billion a month and about 650 billion phone records a year. For comparison, in 2012, NSA's regular foreign collection resulted in a http://lasvegasin.blogspot.com /2014/06/some-numbers-about-nsas-data-collection.html#volumes">total number of 135 billion telephone records a month and 1,6 trillion a year.

The mobile phone metadata provided by AT&T were fed into the MAINWAY database to be used for contact chaining in order to "detect previously unknown terrorist threats in the United States". Before these records were handed over to NSA, AT&T stripped off the location data, to comply with the FISA Court orders, that don't allow those data to be collected.

Apparently Verizon Wireless and T-Mobile US don't strip off these location data, so their cell phone records cannot be handed over to NSA, which therefore only gets less than 30% of the domestic telephone metadata.
 
Conclusion

The reports by Pro Publica and The New York Times stress AT&T's "extreme willingness to help" the NSA, which some people consider bad and scary. But maybe this very close cooperation helps to make data collection as targeted and focused as possible. Apart from the domestic metadata collection under BR-FISA, the relatively small numbers of data collected under the FAIRVIEW program, appear to contain a lot of valuable foreign intelligence information.

The fear was that under FAIRVIEW, large numbers of American's communications were sucked up by the NSA. However, the documents and diagrams show that there are filter systems that for collection under Transit Authority only let foreign-to-foreign communications through. Collection under section 702 FAA is already about foreign targets outside the US, while under FISA authority there's an individualized FISA Court order.

Interesting questions that remain are about the function of the rapidly growing number of VoIP collection points, as well as about the scope of the cyber security effort, and how in these fields, NSA tries to protect the rights of American citizens.




Links and sources
- Statement before the House Committee on the Judiciary on the FISA Amendments Act (pdf) (2016)
- Bruce Schneier: NSA's Partnership with AT&T
- Matthew Green: The network is hostile
- EmptyWheel.net: What’s a Little (or a Lot) Cooperation Among Spies?
- EmptyWheel.net: AT&T Pulled Cell Location for Its “Mobility Cell Data”
- Wired.com: AT&T Whistle-Blower's Evidence
- Atlantic-cable.com: History of the Atlantic Cable & Undersea Communications