Bush Administration Used Wiretapping (Illegally) & Spied On U.S. Citizens Just For The H*LL Of It!...80% Warrantless

Huffington Post, CBS News----

WASHINGTON — The Bush administration built an unprecedented surveillance operation to pull in mountains of information far beyond the warrantless wiretapping previously acknowledged, a team of federal inspectors general reported Friday, questioning the legal basis for the effort but shielding almost all details on grounds they're still too secret to reveal.

The report, compiled by five inspectors general, refers to "unprecedented collection activities" by U.S. intelligence agencies under an executive order signed by President George W. Bush after the Sept. 11, 2001, terror attacks.

Just what those activities involved remains classified, but the IGs pointedly say that any continued use of the secret programs must be "carefully monitored."

The report says too few relevant officials knew of the size and depth of the program, let alone signed off on it. They particularly criticize John Yoo, a deputy assistant attorney general who wrote legal memos undergirding the policy. His boss, Attorney General John Ashcroft, was not aware until March 2004 of the exact nature of the intelligence operations beyond wiretapping that he had been approving for the previous two and a half years, the report says.

Most of the intelligence leads generated under what was known as the "President's Surveillance Program" did not have any connection to terrorism, the report said. But FBI agents told the authors that the "mere possibility of the leads producing useful information made investigating the leads worthwhile."

The inspectors general interviewed more than 200 people inside and outside the government, but five former Bush administration officials refused to be questioned. They were Ashcroft, Yoo, former CIA Director George Tenet, former White House Chief of Staff Andrew Card and David Addington, an aide to former Vice President Dick Cheney.

According to the report, Addington could personally decide who in the administration was "read into" _ allowed access to _ the classified program.

The only piece of the intelligence-gathering operation acknowledged by the Bush White House was the wiretapping-without-warrants effort. The administration admitted in 2005 that it had allowed the National Security Agency to intercept international communications that passed through U.S. cables without seeking court orders.

Although the report documents Bush administration policies, its fallout could be a problem for the Obama administration if it inherited any or all of the still-classified operations.

Bush brought the warrantless wiretapping program under the authority of a secret court in 2006, and Congress authorized most of the intercepts in a 2008 electronic surveillance law. The fate of the remaining and still classified aspects of the wider surveillance program is not clear from the report.

The report's revelations came the same day that House Democrats said that CIA Director Leon Panetta had ordered one eight-year-old classified program shut down after learning lawmakers had never been apprised of its existence.

The IG report said that President Bush signed off on both the warrantless wiretapping and other top-secret operations shortly after Sept. 11 in a single presidential authorization. All the programs were periodically reauthorized, but except for the acknowledged wiretapping, they "remain highly classified."

The report says it's unclear how much valuable intelligence the program has yielded.

The report, mandated by Congress last year, was delivered to lawmakers Friday.

Rep. Jane Harman, D-Calif., told The Associated Press she was shocked to learn of the existence of other classified programs beyond the warrantless wiretapping.

Former Bush Attorney General Alberto Gonzales made a terse reference to other classified programs in an August 2007 letter to Congress. But Harman said that when she had asked Gonzales two years earlier if the government was conducting any other undisclosed intelligence activities, he denied it.

"He looked me in the eye and said 'no,'" she said Friday.

Robert Bork Jr., Gonzales' spokesman, said, "It has clearly been determined that he did not intend to mislead anyone."

In the wake of the new report, Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt, renewed his call Friday for a formal nonpartisan inquiry into the government's information-gathering programs.

Former CIA Director Michael Hayden _ the primary architect of the program_ told the report's authors that the surveillance was "extremely valuable" in preventing further al-Qaida attacks. Hayden said the operations amounted to an "early warning system" allowing top officials to make critical judgments and carefully allocate national security resources to counter threats.

Information gathered by the secret program played a limited role in the FBI's overall counterterrorism efforts, according to the report. Very few CIA analysts even knew about the program and therefore were unable to fully exploit it in their counterrorism work, the report said.

The report questioned the legal advice used by Bush to set up the program, pinpointing omissions and questionable legal memos written by Yoo, in the Justice Department's Office of Legal Counsel. The Justice Department withdrew the memos years ago.

The report says Yoo's analysis approving the program ignored a law designed to restrict the government's authority to conduct electronic surveillance during wartime, and did so without fully notifying Congress. And it said flaws in Yoo's memos later presented "a serious impediment" to recertifying the program.

Yoo insisted that the president's wiretapping program had only to comply with Fourth Amendment protections against search and seizure _ but the report said Yoo ignored the Federal Intelligence Surveillance Act, which had previously overseen federal national security surveillance.

"The notion that basically one person at the Justice Department, John Yoo, and Hayden and the vice president's office were running a program around the laws that Congress passed, including a reinterpretation of the Fourth Amendment, is mind boggling," Harman said.

House Democrats are pressing for legislation that would expand congressional access to secret intelligence briefings, but the White House has threatened to veto it.

(This version CORRECTS that Bush brought wiretapping program under the authority of a secret court in 2006 rather than started the program in 2006.)

Sources: Huffington Post, CBS News, Political Base

NSA To Begin Monitoring Certain Web 2.0 Activity, Internet Traffic & E-mails...Stopping Cyber Attacks

MSNBC, Washington Post----


The Obama administration will proceed with a Bush-era plan to use National Security Agency assistance in screening government computer traffic on private-sector networks, with AT&T as the likely test site, according to three current and former government officials.

President Obama said in May that government efforts to protect computer systems from attack would not involve "monitoring private-sector networks or Internet traffic," and Homeland Security Department officials say the new program will scrutinize only data going to or from government systems.

But the program has provoked debate within DHS, the officials said, because of uncertainty about whether private data can be shielded from unauthorized scrutiny, how much of a role NSA should play and whether the agency's involvement in warrantless wiretapping during George W. Bush's presidency would draw controversy. The activities of any private citizen who visits a "dot-gov" Web site or sends an e-mail to a civilian government employee would be screened.

"We absolutely intend to use the technical resources, the substantial ones, that NSA has. But ... they will be guided, led and in a sense directed by the people we have at the Department of Homeland Security," the department's secretary, Janet Napolitano, told reporters in a discussion about cybersecurity efforts.

Einstein 3:

Under a classified pilot program approved during the Bush administration, NSA data and hardware would be used to protect the networks of some civilian government agencies. Part of an initiative known as Einstein 3, the plan called for telecommunications companies to route the Internet traffic of civilian agencies through a monitoring box that would search for and block computer codes designed to penetrate or otherwise compromise networks.

AT&T, the world's largest telecommunications firm, was the Bush administration's choice to participate in the test, which has been delayed for months as the Obama administration determines what elements to preserve, former government officials said. The pilot program was to have begun in February.

"To be clear, Einstein 3 development is proceeding," DHS spokeswoman Amy Kudwa said. "We are moving forward in a way that protects privacy and civil liberties."

AT&T officials declined to comment.

A DHS official said the delay occurred because the original timeline "did not take into account all that was required to ensure the exercise would provide the data needed."

Cybersecurity initiative:

The program is the most controversial element of the $17 billion cybersecurity initiative the Bush administration started in January 2008. Einstein 3 is crucial, advocates say, in an era in which hackers have compromised computer systems at the Commerce and State departments, and have taken military jet data from a defense contractor.

The NSA declined to comment on Einstein 3, but a spokeswoman said the agency would help DHS in "any way possible, including technical support" as it seeks to protect government networks.

The internal controversy reflects the central tension in the debate over how best to defend the nation's mostly private system of computer networks. The techniques that work best, experts say, require the automated scrutiny of e-mail and other electronic communications content — something that commercial providers already do.

Proponents of involving the government said such efforts should harness the NSA's resources, especially its database of computer codes, or signatures, that have been linked to cyberattacks or known adversaries. The NSA has compiled the cache by, for example, electronically observing hackers trying to gain access to U.S. military systems, the officials said.

"That's the secret sauce," one official said. "It's the stuff they have that the private sector doesn't."

Government snooping?

But it is also the prospect of NSA involvement in cybersecurity that fuels concerns about unwarranted government snooping into private communication.

"The bitter battles over privacy and NSA's role in domestic wiretapping hang over cybersecurity like a toxic cloud," said Stewart A. Baker, who was assistant secretary of homeland security under Bush.

AT&T was sued over its role in aiding the Bush-era counterterrorism program to intercept Americans' e-mails and phone calls without a warrant. It is seeking legal assurance that it will not be sued for participating in the pilot program. That legal certification has been held up for several months as DHS prepares a contract, several current and former officials said.

Einstein's promise, they said, is that it can more effectively detect malicious activity and disable intrusions before harm is done to civilian government networks.

"Intrusion detection is like a cop with a radar gun on a highway who catches you speeding or drunk and phones ahead to somebody at the other end," Michael Chertoff, former homeland security secretary, said in a recent interview. "Einstein 3 is a cop who actually arrests you and pulls you off the road when he sees you driving drunk."

Testing separation of traffic:

The program has two goals. The first is to prove that the telecommunications firm can route only traffic destined for federal civilian agencies through the monitoring system. The second is to test whether the technology can work effectively on civilian government networks. The sensor box would scan e-mail messages and other content just before they enter the civilian agency networks.

The classified NSA system, known as Tutelage, has the ability to decide how to handle malicious intrusions — to block them or watch them closely to better assess the threat, sources said. It is currently used to defend military networks.

The database for the program would also contain feeds from commercial firms and the DHS's U.S. Computer Emergency Readiness Team, administration officials said.

"We're looking for malicious content, not a love note to someone with a dot-gov e-mail address," a former senior administration official said. "What we're interested in is finding the code, the thing that will do the network harm, not reading the e-mail itself."

Ari Schwartz, a vice president of the Center for Democracy and Technology, was among a group of privacy advocates given a classified briefing in March on the Einstein program. The advocates wanted to ensure that officials had a plan to protect privacy and civil liberties, including shielding such personally identifying data as Internet protocol addresses.

"We came away saying they have a lot of work in front of them to get this done right," Schwartz said. "We're looking forward to their next steps."

Bush administration lawyers determined last year that DHS had the legal authority to conduct the Einstein program, and could do so in compliance with existing wiretap and privacy laws, as long as appropriate policies were in place.

AT&T's concerns:

Last fall, plans for the pilot were proceeding, former officials said. But in the Bush administration's final weeks, AT&T lawyers raised concerns about legal liability, they said. Then-Attorney General Michael B. Mukasey was willing to give AT&T written assurance that it would bear no liability for participating in the program, but both AT&T and the Justice Department agreed that the new administration should issue the certification, they said.

"They just wanted to make sure the certification would not be reversed by the next administration," a Bush administration official said.

In hindsight, Baker said, the Bush White House's decision to classify so much of its initiative was a mistake.

"It meant that the problem was not well understood," said Baker, who was NSA general counsel in the Clinton administration. "The solution was veiled in secrecy in a way that allowed people outside to be suspicious, so anybody who mistrusted the intelligence community could just assume that it was because they were doing something that they shouldn't be doing."


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Sources: MSNBC, Washington Post, NSA, Google Maps