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Rabu, 23 Desember 2015

Leaked documents that were not attributed to Snowden

Snowden - 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 Snowden, on this blog we also have to provide the latest automotive information from all the brands associated with the automobile. ok please continue reading:

(Latest UPDATE: October 14, 2016)

Since June 2013, numerous top secret documents from the American signals intelligence agency NSA and its British counterpart GCHQ have been disclosed. The overwhelming majority of them came from the former NSA contractor Edward Snowden.

But what many people probably didn't notice, is that some of these documents (some being very compromising and embarrassing for NSA) were not provided by Snowden, but by other leakers.

Often, the press reports didn't mention that very clear, and it was only by not attributing such documents to Snowden, that it became clear they apparently came from someone else.

So far, the following classified documents have been disclosed without having been attributed to Snowden:

- Chancellor Merkel tasking record
- TAO product catalog
- XKEYSCORE rules: TOR and TAILS
- NCTC watchlisting guidance
- NCTC terrorist watchlist report
- XKEYSCORE rules: New Zealand
- Ramstein AFB supporting drone operations
- NSA tasking & reporting: France
- NSA tasking & reporting: Germany
- NSA tasking & reporting: Brazil
- NSA tasking & reporting: Japan
- Chinese cyber espionage against the US
- XKEYSCORE agreement between NSA, BND and BfV
- The Drone Papers
- Cellphone surveillance catalogue
- US military documents: Iraq and Afghanistan
- NSA tasking & reporting: EU, Italy, UN
- TAO hacking tools leak

- Some thoughts on the form of the documents
- Some thoughts on the motives behind the leaks
- Conclusion


Document collections

The most user-friendly collection of all the leaked documents can be found on the website IC Off The Record (which started as a parody on IC On The Record, the official US government website on which declassified documents are published).

Other websites that collect leaked documents related to the Five Eyes agencies, so from Snowden as well as from other sources, are FVEY Docs and Cryptome. The Snowden-documents are also available and searchable through the Snowden Surveillance Archive.


Domestic US leaks

Here, only leaks related to foreign signals intelligence and related military topics will be listed. Not included are therefore documents about American domestic operations, like for example several revelations about the DEA.

Also not included are stories based upon leaks of information without original documents being published, like for example about NSA's interception efforts against Israel.



          - Documents not attributed to Snowden -         


Chancellor Merkel tasking record

On October 23, 2013, the German magazine Der Spiegel revealed that the NSA may have eavesdropped on the cell phone of chancellor Merkel. This was based upon "the excerpt from an NSA database about Merkel's cell phone", which the magazine received.* A journalist from Der Spiegel made a transcription of the database record, and later on, a copy of this transcription was printed in some German newspapers.
Glenn Greenwald confirmed that this information didn't came from the Snowden archive, and also Bruce Schneier was convinced that this came from a second source.

Articles:
- Kanzler-Handy im US-Visier? Merkel beschwert sich bei Obama
- NSA-Überwachung: Merkels Handy steht seit 2002 auf US-Abhörliste

Document:
- http://lasvegasin.blogspot.com /2014/12/update-on-tapping-german-chancellor.html#transcription">Transcript of an NSA database record


> See also: http://lasvegasin.blogspot.com /2014/12/update-on-tapping-german-chancellor.html">Update on tapping German chancellor Merkel's phone




TAO product catalog

On December 29, 2013, the German magazine Der Spiegel published a 50-page catalog from the ANT-unit of NSA's hacking division TAO. It contains a wide range of sophisticated hacking and eavesdropping techniques. The next day, Jacob Appelbaum discussed them during his presentation at the CCC in Berlin.
According to Bruce Schneier this catalog came from the second source, who also leaked the Merkel tasking record and the XKEYSCORE rules.

Article:
- Shopping for Spy Gear: Catalog Advertises NSA Toolbox

Document:
- ANT Product Catalog (SECRET/COMINT)




XKEYSCORE rules: TOR and TAILS

On July 3, 2014, the German regional television magazine Reporter disclosed the transcripts of a set of rules used by the NSA's XKEYSCORE system to automatically execute frequently used search terms, including correlating different identities of a certain target.
According to Bruce Schneier, these rules could be leaked by the second source, which also provided the Merkel tasking record and the TAO catalog.

Article:
- NSA targets the privacy-conscious

Document:
- Transcript of XKeyscore Rules (classification not included)




NCTC watchlisting guidance

On July 23, 2014, the website The Intercept published a manual from the US National CounterTerrorism Center (NCTC) with rules and indications used for putting people in terrorist databases and no-fly lists.
The Intercept says this document was provided by a "source within the intelligence community".

Article:
- The Secret Government Rulebook for Labeling You as a Terrorist

Document:
- March 2013 Watchlisting Guidance (UNCLASSIFIED/FOUO)




NCTC terrorist watchlist report

On August 5, 2014, The Intercept published a report from the US National CounterTerrorism Center (NCTC) about terrorist watchlists and databases.
Just like the previous document, this was also obtained from a "source within the intelligence community". Bruce Schneier says this report is from August 2013, which is well after Snowden had fled the US, and therefore he assumes it was leaked by a third source.

Article:
- Watch Commander - Barack Obama’s Secret Terrorist-Tracking System, by the Numbers

Document:
- Directorate of Terrorist Identities (DTI) Strategic Accomplishments 2013 (SECRET/NOFORN)




XKEYSCORE rules: New Zealand

On March 14 and March 22, 2015, The New Zealand Herald published transcripts of two sets of XKEYSCORE fingerprints that define targets of the New Zealand signals intelligence agency GCSB. They were not attributed to Snowden, although in the weeks before, New Zealand media published several other documents that did come from the Snowden cache.

Articles:
- Revealed: The names NZ targeted using NSA's XKeyscore system
- How spy agency homed in on Groser's rivals

Documents:
- Fingerprint about the WTO (TOP SECRET/COMINT)
- Fingerprint about the Solomon Islands (TOP SECRET/COMINT)


> See also: http://lasvegasin.blogspot.com /2015/03/new-zealand-and-xkeyscore-not-much.html#gcsb-cable">New Zealand and XKEYSCORE: not much evidence for mass surveillance




Ramstein AFB supporting drone operations

On April 17, 2015, The Intercept and Der Spiegel published a series of slides showing the infrastructure which is used for operating drones, for which the US base in Ramstein, Germany, acts as a relay station.
In the Citizen Four we see Glenn Greenwald visiting Snowden in Moscow, telling him there's a new source which revealed the role of Ramstein AFB in the drone program.

Articles:
- Germany is the Tell-Tale Heart of America's Drone War
- Bündnisse: Der Krieg via Ramstein

Document:
- Architecture of U.S. Drone Operations (TOP SECRET/REL)




NSA tasking & reporting: France

On June 23, 2015, Wikileaks, in collaboration with the French paper Libération, the German newspaper Süddeutsche Zeitung and the Italian paper l'Espresso, published the transcript of entries from an NSA tasking database, as well as intelligence reports about high-level French targets.

Articles:
- Espionnage Élysée
- Nsa, intercettati i presidenti francesi Francois Hollande e Nicolas Sarkozy

Documents:
- Top French NSA Targets (no classification available)
- Top French NSA Intercepts (up to TOP SECRET/COMINT-GAMMA)
- Economic Spy Order (SECRET/REL)


> See also: http://lasvegasin.blogspot.com /2015/06/wikileaks-publishes-some-of-most-secret.html" target="_blank">Wikileaks published some of the most secret NSA reports so far




NSA tasking & reporting: Germany

On July 1, 2015, Wikileaks, in collaboration with Libération and Mediapart, Süddeutsche Zeitung and l'Espresso, published the transcript of entries from an NSA tasking database, as well as intelligence reports about high-level German targets.

Articles:
- NSA Helped CIA Outmanoeuvre Europe on Torture
- I dubbi di Angela Merkel sulla Grecia spiati dalla Nsa americana

Documents:
- Top German NSA Targets (no classification available)
- Top German NSA Intercepts (up to TOP SECRET/COMINT-GAMMA)




NSA tasking & reporting: Brazil

On July 4, 2015, Wikileaks published the transcript of entries from an NSA tasking database about high-level Brazilian targets. Unlike similar disclosures about France, Germany and Japan, no intelligence reports about Brazil were disclosed.

Article:
- Bugging Brazil

Document:
- Top Brazilian NSA Targets (no classification available)




NSA tasking & reporting: Japan

On July 31, 2015, Wikileaks, in collaboration with Süddeutsche Zeitung, l'Espresso, The Saturday Paper from Australia and the Japanese newspaper Asahi Shimbun, published the transcript of entries from an NSA tasking database, as well as intelligence reports about high-level Japanese targets.

Articles:
- Target Tokyo
- Wikileaks: 'Nsa spiava il governo giapponese. Sotto controllo anche Mitsubishi'

Documents:
- Top Japanese NSA Targets (no classification available)
- Top Japanese NSA Intercepts (TOP SECRET/COMINT)




Chinese cyber espionage against the US

On July 30 and August 10, 2015, NBC News published two slides about Chinese cyber espionage against over 600 US companies and government agencies, including access to the e-mail of top government officials since at least 2010.
This leak stands out because the slides are in digital form, and they support a story that shows the neccessity of NSA - which seems to point to an authorized leak.

Articles:
- Exclusive: Secret NSA Map Shows China Cyber Attacks on U.S. Targets
- China Read Emails of Top U.S. Officials

Documents:
- China: Cyber Exploitation and Attack Units (SECRET)
- U.S. Victims of Chinese Cyber Espionage (SECRET)




XKEYSCORE agreement between NSA, BND and BfV

On August 26, 2013, the German newspaper Die Zeit published the transcript of the Terms of Reference (ToR) about the use of NSA's XKEYSCORE system by the German security service BfV.
Being a transcript and being about XKEYSCORE, this could be from the same source as the XKEYSCORE rules, but it's also possible it came from a source within a German government agency.

Article:
- A Dubious Deal with the NSA

Document:
- XKeyscore - the document (SECRET/COMINT)




The Drone Papers

On October 15, 2015, The Intercept published a series of documents with details about drone operations by the US military between 2011 and 2013.
In the Citizen Four we see Glenn Greenwald visiting Snowden in Moscow, telling him there's a new source which revealed the role of Ramstein AFB in the drone program, including the chain of command diagram which is part of this batch of documents.

Articles:
- The Assassination Complex
- The Kill Chain

Documents:
- Small Footprint Operations 2/13 (SECRET/NOFORN)
- Small Footprint Operations 5/13 (SECRET/NOFORN)
- Operation Haymaker (SECRET/NOFORN)
- Geolocation Watchlist (TOP SECRET/COMINT)






Cellphone surveillance catalogue

On December 17, 2015, The Intercept published a range of pages from a classified catalogue containing cellphone surveillance equipment, including IMSI-catchers like Stingrays and DRT boxes.
Just like the NCTC reports, The Intercept obtained this document from a "source within the intelligence community".

Article:
- Stingrays - A Secret Catalogue of Government Gear for Spying on Your Cellphone

Document:
- Government Cellphone Surveillance Catalogue (SECRET/NOFORN)


> See also: http://lasvegasin.blogspot.com /2013/11/drtbox-and-drt-surveillance-systems.html">DRTBOX and the DRT surveillance systems




US military documents: Iraq and Afghanistan

On February 14, 2016, the website Cryptome published a batch of word and some pdf-documents containing various US military manuals and policy papers regarding operations and activities in Iraq and Afghanistan.

Documents:
- Document Dump 16-0214, Batch 0001 (classified up to SECRET)




NSA tasking & reporting: EU, Italy, UN

On February 23, 2016, Wikileaks published the transcript of entries from an NSA tasking database, as well as intelligence reports about high-level targets from the European Union, Italy and the United Nations, including German chancellor Merkel and Israeli prime minister Netanyahu.

Articles:
- NSA Targets World Leaders for US Geopolitical Interests
- WikiLeaks reveals the NSA spied on Berlusconi and his closest advisors

Documents:
- EU Targets - EU Intercepts (TOP SECRET/COMINT)
- Italy Targets - Italy Intercepts (TOP SECRET/COMINT)
- UN Targets - UN Intercepts (up to TOP SECRET/COMINT-GAMMA)




TAO hacking tools leak

On August 15, 2016, someone or a group called Shadow Brokers published a large set of hacking tool computer code attributed to the Equation Group, which is considered part of the NSA's TAO division.

Article:
- Everything you need to know about the NSA hack (but were afraid to Google)

Documents:
- NSA malware files (.zip-file via Cryptome)


> See also: http://lasvegasin.blogspot.com /2016/08/is-shadow-brokers-leak-latest-in-series.html">Is the Shadow Brokers leak the latest in a series?





It is difficult to tell exactly from how many different leakers these documents come. The journalists involved will of course do everything to hide their source's identity, including creating distraction and confusion, but also creating the impression that many other leakers followed the example of Edward Snowden.



Some thoughts on the form of the documents

Content-wise the documents from the alleged other sources are not very different from the ones from Snowden. But what seems to distinguish them most, is their form, which is either digital, a transcript or scanned from paper.


Digital

Almost all documents that were attributed to Snowden came in their original digital form (with some very few exceptions that were scanned from paper). This makes it remarkable that only two documents from the other sources are in a similar digital form.

The first one is the famous TAO Product Catalog with hacking and eavesdropping techniques, which also given its content comes closest to the Snowden documents. Despite that, this catalog was never attributed to him.

The other leak in digital form are the two slides about Chinese cyber espionage, but these probably come from a source in support of the US government.


Transcripts

A number of other leaks didn't provide documents in their original form, but only transcripts thereof. This is the case for the following revelations:
- Chancellor Merkel tasking record
- XKEYSCORE rules: TOR and TAILS
- XKEYSCORE rules: New Zealand
- XKEYSCORE agreement between NSA, BND and BfV
The lists from an NSA tasking database with targets for France, Germany, Brazil and Japan are also transcripts, but for the intelligence reports, which Wikileaks published simultaneously, we have at least one example that is in its original format. All other ones came as transcripts.


Scanned from paper

All other documents that didn't came from Snowden look like they were printed out (some were even recognized as being double-sided) and scanned again. This is the case for:
- NCTC watchlisting guidance
- NCTC terrorist watchlist report
- Ramstein AFB supporting drone operations
- The Drone Papers
- Cellphone surveillance catalogue
This doesn't automatically mean they are all from the same source, as two of them are from the civilian NCTC and the other three are clearly from a military context.

We don't know when or where these documents were printed out: maybe it was done by the leaker, for whom it could have been easier to exfiltrate them as hard copy, than on a detectable thumb drive.

It's also possible that they were printed out by the press contact in order to make them look different from the Snowden documents. But on the other hand, publishing them in digital form would have made it more difficult to prove they were not from the Snowden cache.



Some thoughts on the motives behind the leaks

We can also take a look at the motives that could have been behind these leaks. Interestingly, these seem to correspond quite well with the different forms the documents have.


A second source

The disclosures of the transcriptions of the XKEYSCORE rules and the tasking database lists are quite far from being in the public interest. They are about legitimate targets of foreign intelligence and publishing them seems solely meant to discredit the NSA and/or damage US foreign relationships.

The same applies to the TAO Product Catalog, which contains devices and methods that are only used against "hard targets" that cannot be reached by other means, so this is not about spying on ordinary citizens, but does compromise valid US intelligence operations.

At first sight, one would assume that these documents were from the Snowden cache, but published by people like Appelbaum and an organization like Wikileaks, who have a more radical approach than Snowden himself, and maybe therefore could have pretended they came from another source.

However, both Greenwald and security expert Bruce Schneier said these documents were really provided by another leaker. Because a number of them were published by German media, Schneier guesses it might be "either an NSA employee or contractor working in Germany, or someone from German intelligence who has access to NSA documents".

If that's the case, then it's not only remarkable that there's a second source from within or close to NSA, but also that this source is apparently fine with leaking documents that show no abuses, but only seriously harm US interests - which is either treason, or the work of a hostile intelligence agency. Snowden at least acted from his concern about increasing mass surveillance on innocent civilians.


A third source

The documents that are scanned from paper are a somewhat different story. These are about issues that concern a wider range of people. For some of them, The Intercept even gives the reason why the source leaked them: for the cellphone surveillance catalogue it was because of a concern about militarization of domestic law enforcement.

For the drone papers, the source is cited saying: "This outrageous explosion of watchlisting [...] assigning them death sentences without notice, on a worldwide battlefield". Given that he mentions watchlists, it seems very well possible that this source actually also leaked the two NCTC reports about terrorist databases and watchlists.

Combining this with the fact that both the NCTC reports and the cellphone surveillance catalog were from a source "within the intelligence community" seems to confirm that all the documents that came as scanned from paper are from the same leaker - maybe someone from a military intelligence agency like the DIA.



Conclusion

Given these thoughts on the form of the leaked documents and the possible motives behind these leaks, it seems that they can be attributed to at least three other sources, beside Snowden:

Source nr. 1 (Edward Snowden)

Source nr. 2 (German NSA employee or hostile intelligence?)
- Chancellor Merkel tasking record
- TAO product catalog
- XKEYSCORE rules: TOR and TAILS
- XKEYSCORE rules: New Zealand
- NSA tasking & reporting France, Germany, Brazil, Japan
- XKEYSCORE agreement between NSA, BND and BfV(?)
- NSA tasking & reporting EU, Italy, UN
Source nr. 3 (someone from US military intelligence?)
- NCTC watchlisting guidance
- NCTC terrorist watchlist report
- Ramstein AFB supporting drone operations
- The Drone Papers
- Cellphone surveillance catalogue
Source nr. 4 (someone from the US government?)
- Chinese cyber espionage
Source nr. 5 (low-level military person)
- US military documents: Iraq and Afghanistan
Source nr. 6 (Harold Martin(?) + "Shadow Brokers")
- TAO hacking tools leak


Update:
On October 6, 2016, The New York Times reported that on August 27, 2016, the FBI arrested 51-year old Harold T. Martin III, who worked at NSA as a contractor for Booz Allen Hamilton. In his home in Glen Burnie, Maryland, “many terabytes" of highly classified information were found, dating from the 1990s until 2014. Hal Martin was described as a hoarder, but so far, investigators are not sure he was also responsible for the various leaks that could not be attributed to Snowden.


Links and Sources
- LawfareBlog.com: Weaponized Wikileaks: Nick Reads Wikileaks So You Don't Have To (2015)
- Schneier.com: The US Intelligence Community has a Third Leaker (2014)

More comments on Hacker News

Rabu, 11 Februari 2015

Snowden would not have been able to legally "wiretap anyone"

Snowden - 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 Snowden, 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 March 28, 2015)

During his very first interview, former NSA contractor Edward Snowden pretended that he, sitting behind his desk "certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, or even the President if I had a personal e-mail".

Right from the beginning, intelligence experts doubted that individual NSA analysts would have such far-reaching powers. By looking at the legal authorities and procedures that regulate NSA's collection efforts, it becomes clear that it is highly unlikely that Snowden, or other analysts could have done that in a legitimate way.


> This article is still subject to additions and corrections


Targeting US citizens under FISA authority

The National Security Agency (NSA) collects foreign signals intelligence outside the US, but in a few special cases, it is also allowed to collect data about US citizens or to collect data inside the US. This is shown in the following decision tree:



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


In the interview, Snowden was talking about wiretapping ordinary US citizens as well as US government officials. According to the Foreign Intelligence Surveillance Act (FISA) from 1978, the NSA is only allowed to monitor the communications of such US citizens, US residents or US corporations when they are suspected of espionage or terrorism.

If NSA thinks that's the case, then they have to apply for an individual warrant from the Foreign Intelligence Surveillance Court (FISC) by showing that there is probable cause that the intended target is an agent of a foreign power (section 105 FISA/50 USC 1805), or associated with a group engaged in international terrorism. Depending on the type of surveillance, the FISC then issues a warrant for a period of 90 days, 120 days, or a year.


Acquiring an individual FISA warrant

So, when Snowden really had the authority to wiretap ordinary Americans and US government officials even up to the President, then he would have had to provide probable cause that these people were either foreign agents or related to terrorist groups.

For the President this would only be imaginable in films or television series, and it would only apply to very few other Americans. In other cases the NSA would and will not get a FISA warrant to eavesdrop on US citizens or residents.

Snowden often said that he sees the FISA Court as a mere "rubber stamp" because it approves almost all requests from the intelligence agencies. However that may be, obtaining an individual FISA warrant isn't easy: a request needs approval of an analyst's superior, the NSA's general counsel, and the Justice Department, before it is presented to the FISA judge.*



Collection under section 702 FAA

Maybe some people would ask: wouldn't it be easier to target US persons through the http://lasvegasin.blogspot.com /2014/04/what-is-known-about-nsas-prism-program.html">PRISM program, under which NSA collects data from major US internet companies like Facebook, Google, Yahoo, Microsoft?

The answer is no, despite the fact that PRISM is governed by section 702 of the FISA Amendments Act (FAA), which was designed to collect data faster and easier. As such, section 702 was enacted in 2008 to legalize the notorious warrantless wiretapping program, authorized by president George W. Bush right after the attacks of 9/11.

But what many people don't realize, is that the special authority of section 702 FAA can only be used to collect communications of non-US persons located outside the United States.

The NSA uses section 702 not only to gather data through the PRISM program, but also by filtering internet backbone cables operated by major US telecommunication providers, the so-called Upstream collection.




Section 702 FAA certifications

What makes section 702 FAA collection faster is that instead of an individual warrant from the FISA Court, NSA gets a general warrant for some specific topics, which is valid for one year.

For this, the US Attorney General and the Director of National Intelligence (DNI) annually certify that specific legal requirements for the collection of time-sensitive and higher volumes of data have been met and how these will be implemented.

These certifications are then reviewed by the FISA Court to determine whether they meet the statutory requirements, like hiding names and addresses of US citizens when their communications come in unintended. The court then issues an order that approves the certification.

Until now, we know of section 702 FAA certifications for three topics:
- Foreign Governments (FG, Certification 2008-A, including cyber threats?)
- Counter-Terrorism (CT, Certification 2008-B)
- Counter-Proliferation (CP, Certification 2009-C)

These certifications include some general procedures and specific rules for minimizing US person identifiers. They do not contain lists of individual targets. Maybe this contributed to Snowden's idea that analysts are always allowed to select targets all by themselves. But even then, this only applies to foreign targets and only to a few specific categories.


Dual authorities

In a report by The Washington Post from July 5, 2014, it was said that Snowden, in his final position as a contractor for Booz Allen at the NSA’s Hawaii operations center, had "unusually broad, unescorted access to raw SIGINT under a special ‘Dual Authorities’ role", which reportedly refers to both section 702 FAA (for collection inside the US) and EO 12333 (for collection overseas).

Those two authorities allowed him to search stored content and initiate new collection without prior approval of his search terms. "If I had wanted to pull a copy of a judge’s or a senator’s e-mail, all I had to do was enter that selector into XKEYSCORE", so he did not need to circumvent [access] controls, Snowden said to the Post.

So, when Snowden apparently had the 702 FAA and EO 12333 authorities, this means he wasn't authorized to target American judges or senators, in the sense of initiating real-time wiretapping, because for that the traditional FISA authority and a warrant from the FISC is needed. It looks like he confirms this by saying "If I had wanted to pull a copy of a judge’s or a senator’s e-mail", which sounds more like pulling such an e-mail from a database.

This also seems to be confirmed by the fact that Snowden points to XKeyscore for getting such e-mails. XKeyscore is mainly used to search data that already have been collected in one way or another, particularly at access points outside the US. The common way to start new surveillances (tasking) is through the Unified Targeting Tool (UTT, see below).


Back door searches

Indeed there's a legal way to search for communications of US persons in data that have already been collected: according to an entry in an NSA glossary published by The Guardian in August 2013, the FISA Court on October 3, 2011 allowed using certain US person names and identifiers as query terms on data already collected under 702 FAA:


This became known as "back-door searches". These queries might be questionable, but unlike the term "back-door" suggests, they are not illegal, as the practice was approved by the FISA Court. In a letter to senator Wyden from June 2014, DNI Clapper revealed that not only NSA, but also CIA and FBI are allowed to query already collected 702 FAA data in this way.

In August 2014, former State Department official John Napier Tye revealed that NSA is also allowed to use US person names to query data collected under EO 12333, but only those that have been approved by the Attorney General and for persons considered to be agents of a foreign power.


Back door search approvals

Clapper explained that "back door" queries are subject to oversight and limited to cases where there is "a reasonable basis to expect the query will return foreign intelligence". Querying by using US person identifiers is only allowed for data from PRISM, not from Upstream collection. In 2013, NSA approved 198 US person identifiers to be queried against the results of PRISM collection.

The PCLOB report (pdf) about 702 FAA operations says that "content queries using U.S. person identifiers are not permitted unless the U.S. person identifiers have been pre-approved (i.e., added to a white list) through one of several processes, several of which incorporate other FISA processes".

The NSA's Minimization Procedures from October 2011 also say that US person identifiers may only be used as query terms after prior internal approval (as is the case with such queries under EO 12333).

For such searches, NSA for example approved identifiers of US persons for whom there were already individual warrants from the FISA Court under section 105 FISA or section 704 FAA. US person identifiers can also be approved by the NSA’s Office of General Counsel after showing that using that US person identifier would "reasonably likely return foreign intelligence information". All approvals to use US person identifiers to query content must be documented.


Circumventing official procedures

In an interview, Glenn Greenwald was also asked about this issue and he explained that the "authority" Snowden was talking about, was not an authority in a legal sense.

According to Greenwald, Snowden meant that "NSA have given [analysts] the power to be able to go in and scrutinize the communications of any American; it may not be legal, but they have the power to do it".

So it may not be legally allowed that "any analyst at any time can target anyone, any selector, anywhere", but they may have the technical capability to do so. In other words, wiretapping anyone is only possible when analysts (intentionally) circumvent the official procedures and safeguards.

In that interpretation, Snowden apparently warned against the risk that individual analysts could misuse their power, although somewhat earlier in the interview he was speaking about the whole agency that "targets the communications of everyone" and ingests, filters, analyses and stores them.


Unified Targeting Tool

Circumventing official procedures and legal authorities could be done by manipulating targeting instructions given through the Unified Targeting Tool (UTT), which is a webbased tool that is used to start the actual collection of data.

A rogue analyst could for example confirm that there's a FISA warrant, when there's no warrant present, or provide a fake foreigness indicator, so someone could be targeted under the authority of Executive Order 12333, which doesn't require the procedure of acquiring a FISA court approval.



A rare screenshot of the Unified Targeting Tool (UTT), which shows some of the
fields that have to be filled in. We see that data about a "FAA Foreign
Governments Cert." is missing and therefore not valid to task (see below),
and also a drop down menu with various Foreigness Factors.


Unfortunately no manual for this tool has been disclosed so far, although that would have been useful to learn more about such internal safeguards to prevent misuse. The NSA itself also didn't release such documents, which could have contributed to more trust in the way they actually operate.


Targeting procedures

We have no details about the procedure for targeting US citizens, but we do know about the process for collection under the http://lasvegasin.blogspot.com /2014/04/what-is-known-about-nsas-prism-program.html">PRISM program. As PRISM is used for gathering data about foreigners, it can be considered to be less sensitive than collecting data about US persons, for which there are maybe some extra safeguards and checks. The PRISM tasking process is shown in this slide:



Slide that shows the PRISM tasking process
(Click to enlarge)


We see that after the analyst has entered the selectors (like a target's phone number or e-mail address) into the UTT, this has to be reviewed and validated by (in this case) either the FAA adjudicators in the S2 Product Line, or the Special FISA Oversight unit.

A final review of the targeting request is conducted by the Targeting and Mission Management unit. Only then the selectors are released to be "tasked" on the various collection systems.

For targeting foreigners on collection systems outside the US (which is governed by EO 12333), there are less restrictions, but also this is still not completely at the will of individual analysts. At least every eavesdropping operation has to be in accordance with the goals set in the NSA's http://lasvegasin.blogspot.com /2014/09/nsas-strategic-mission-list.html">Strategic Mission List and other policy documents.


Incidents

Nonetheless, recently declassified NSA reports to the president's Intelligence Oversight Board (IOB) show that there have been cases in which there was an abuse of the collection system, either wilfully or accidentally. The majority of incidents both under FISA and EO 12333 authority occured because of human error.

It shows that despite the safeguards, some unauthorized targeting and querying can still happen, but also that the internal oversight mechanisms detected them afterwards, with the selectors involved being detasked, the non-compliant data being deleted and the analysts being counseled.


Conclusion

The details Edward Snowden told to The Washington Post seem to confirm that he wasn't authorized to target US persons, but apparently did had the authority to use US persons identifiers for querying data that were already collected. But contrary to what Snowden said, this is only allowed after prior approval. This makes it highly unlikely that e-mail addresses from American judges or senators, let alone from the President would make it through.


(Edited after adding Greenwald's interpretation of Snowden's words and adding something about the non-compliance incidents. Also added an addendum about Snowden's authorities based upon a report by The Washington Post, and added some explanation about the back-door searches)


Links and Sources
- Privacy and Civil Liberties Oversight Board: Section 702 Program Report (pdf)
- Webpolicy.org: Executive Order 12333 on American Soil, and Other Tales from the FISA Frontier
- Stanford Law Review: Is the Foreign Intelligence Surveillance Court Really a Rubber Stamp?
- The Guardian: The top secret rules that allow NSA to use US data without a warrant
- EmptyWheel.net: Postings about section 702 FAA
- Robert S. Litt, ODNI General Counsel: An Overview of Intelligence Collection
- Related documents:
  - President Policy Direction (PPD) 28 Section 4 Procedures (pdf) (2015)
  - Foreign Intelligence Surveillance Act - Summary Document (2008)