Lawsuits May Illuminate Methods of Spy Program
By Dan Eggen
Washington Post
In 2003, Room 641A of a large telecommunications building in downtown San Francisco was filled with powerful data-mining equipment for a "special job" by the National Security Agency, according to a former AT&T technician. It was fed by fiber-optic cables that siphoned copies of e-mails and other online traffic from one of the largest Internet hubs in the United States, the former employee says in court filings.
What occurred in the room is now at the center of a pivotal legal battle in a federal appeals court over the Bush administration's controversial spying program, including the monitoring that came to be publicly known as the Terrorist Surveillance Program.
Tomorrow, a three-judge panel will hear arguments on whether the case, which may provide the clearest indication yet of how the spying program has worked, can go forward. So far, evidence in the case suggests a massive effort by the NSA to tap into the backbone of the Internet to retrieve millions of e-mails and other communications, which the government could sift and analyze for suspicious patterns or other signs of terrorist activity, according to court records, plaintiffs' attorneys and technology experts.
"The scale of these deployments is . . . vastly in excess of what would be needed for any likely application or any likely combination of applications, other than surveillance," says an affidavit filed by J. Scott Marcus, the senior Internet adviser at the Federal Communications Commission from 2001 to 2005. Marcus analyzed evidence for the plaintiffs in the case.
In the first of two lawsuits before the court, the Electronic Frontier Foundation, a privacy group, alleges in a class action that AT&T collaborated with the NSA to operate a "dragnet" that illegally tracked the domestic and foreign communications of millions of Americans. The second case centers on the disbanded al-Haramain charity and two of its attorneys, who say they were given -- and then forced to return -- a Treasury Department document showing that they had been the focus of NSA surveillance.
(Continued here.)
Washington Post
In 2003, Room 641A of a large telecommunications building in downtown San Francisco was filled with powerful data-mining equipment for a "special job" by the National Security Agency, according to a former AT&T technician. It was fed by fiber-optic cables that siphoned copies of e-mails and other online traffic from one of the largest Internet hubs in the United States, the former employee says in court filings.
What occurred in the room is now at the center of a pivotal legal battle in a federal appeals court over the Bush administration's controversial spying program, including the monitoring that came to be publicly known as the Terrorist Surveillance Program.
Tomorrow, a three-judge panel will hear arguments on whether the case, which may provide the clearest indication yet of how the spying program has worked, can go forward. So far, evidence in the case suggests a massive effort by the NSA to tap into the backbone of the Internet to retrieve millions of e-mails and other communications, which the government could sift and analyze for suspicious patterns or other signs of terrorist activity, according to court records, plaintiffs' attorneys and technology experts.
"The scale of these deployments is . . . vastly in excess of what would be needed for any likely application or any likely combination of applications, other than surveillance," says an affidavit filed by J. Scott Marcus, the senior Internet adviser at the Federal Communications Commission from 2001 to 2005. Marcus analyzed evidence for the plaintiffs in the case.
In the first of two lawsuits before the court, the Electronic Frontier Foundation, a privacy group, alleges in a class action that AT&T collaborated with the NSA to operate a "dragnet" that illegally tracked the domestic and foreign communications of millions of Americans. The second case centers on the disbanded al-Haramain charity and two of its attorneys, who say they were given -- and then forced to return -- a Treasury Department document showing that they had been the focus of NSA surveillance.
(Continued here.)
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