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"In every way that matters, the separation
between
government and corporations is nonexistent,
and this is
especially true when it comes to national security and
the surveillance state"
Glenn Greenwald, With Liberty and Justice for
Some
1979 Smith v. Maryland, 442 US
735
Telephone company, at police request, installed at its central
offices a pen register to record the numbers dialed from the telephone at
petitioner's home.
A pen register, or dialed number recorder (DNR), is
an electronic device that records all numbers called from a particular
telephone line.
The term now includes any device or program that
performs similar functions to an original pen register, including programs
monitoring the Internet.
Petitioner moved to suppress "all fruits
derived from" the pen register.
The Maryland trial court denied this
motion, holding that the warrantless installation of the pen register did not
violate the Fourth Amendment.
Petitioner was convicted, and the Maryland
Court of Appeals affirmed.
Held: The installation and use of the pen
register was not a "search" within the meaning of the Fourth Amendment, and
hence no warrant was required.
2011
Analysts are told they can trace contacts of Americans as long as they
cite a foreign intelligence justification.
The National Security Agency has been exploiting huge collections of
data to create sophisticated graphs of Americans social connections to identify
associates, locations at certain times, traveling companions and other
pertinent information.
The agency is authorized to conduct "large-scale
graph analysis on very large sets of communications metadata without having to
check foreignness" of every e-mail address, phone number or other
identifier.
The agency augments the communications data with material
from public, commercial and other sources, including bank codes, insurance
information, Facebook profiles, passenger manifests, voter registration rolls,
GPS location information, as well as property records and unspecified tax data,
according to the documents.
There is no restrictions on the use of
"enrichment" data, and several former senior
Obama
administration officials said the agency drew on it for both Americans and
foreigners.
The Justice Department and the
Pentagon decided it was
permissible to create contact chains using Americans' "metadata," which
includes the timing, location and other details of calls and e-mails.
The agency, citing Smith v. Maryland, 442 US 735, claims it is
not required to seek warrants from the Foreign Intelligence Surveillance
Court.
Smith v. Maryland Does Not Permit Mass
Surveillance
Phone and e-mail logs allow analysts to identify
associates, detect movement in time, acquire clues to affiliations, pick up
sensitive information, calls to
Charles, late-night extramarital partners or
exchanges with a
fellow plotter.
"Metadata can be very revealing.
Knowing the
number someone just dialed or the location of the person's cellphone is going
to allow assembly of a picture of what someone is up to.
It's the
digital equivalent of tailing a suspect." - Orin S. Kerr

The policy - Defense
Supplemental Procedures Governing Communications Metadata Analysis - was
authorized by Defense Secretary Robert M. Gates and
Attorney General Michael B.
Mukasey.
"Sigint Management Directive 424", stated the
Supreme Court ruled metadata
was not constitutionally protected and allowed collection.
Analysts,
using metadata "without regard to the nationality or location of the
communicants" acquired the conversations of foreign politicians, business
figures or activists and anyone else in the chain.
One of the main tools
used for chaining phone numbers and e-mail addresses has the code name
Mainway.
Vast amounts of data flow daily from fiber-optic
cables, corporate partners and foreign computer networks that have been
hacked.
"Better Person Centric Analysis" describes how the agency
looks for 94 "entity types," including phone numbers, e-mail addresses and IP
addresses.
The NSA correlates 164 "relationship types" to
build social networks and
what the agency calls "community of interest" profiles, using queries like
"travelsWith, hasFather, sentForumMessage, employs."
"All software systems have been endorsed by the
National Security Agency, signifying that they are permeable to intrusions by
the US
intelligence services." Thierry Meyssan
"Cyberspace favors
offensive operations.
These operations will deny, degrade, disrupt,
destroy, or deceive an adversary.
Cyberspace offensive operations
ensure friendly freedom of action in cyberspace while denying that same freedom
to our adversaries.
We will enhance our capabilities to conduct
electronic systems attack,
electromagnetic systems
interdiction and attack, network attack, and
infrastructure attack
operations.
Targets include the adversary's terrestrial, airborne,
and space networks, electronic attack and network attack systems, and the
adversary itself.
As an adversary becomes more dependent on cyberspace,
cyberspace offensive operations have the potential to produce greater effects."
- Air Force Cyber Command
"CYBERCOM will reach initial operating
capability (IOC) not later than October 2009 and full operating capability
(FOC) not later than October 2010.
Ostensibly launched to protect
military networks against malicious cyberattacks, CYBERCOM's offensive nature
is underlined by its role as STRATCOM's operational cyber wing.
In
addition to a defensive brief to "harden" the "dot-mil" domain, the Pentagon
plan calls for an offensive capacity, one that will deploy cyber weapons
against imperialism's adversaries.
One of ten
Unified Combatant Commands, STRATCOM is the successor organization to Strategic
Air Command (SAC).
Charged with space operations (military satellites),
information warfare, missile defense, global command and control, intelligence,
surveillance and reconnaissance (ISR), as well as global strike and strategic
deterrence (America's first-strike nuclear arsenal),
it should be apparent that designating CYBERCOM a STRATCOM branch all but
guarantees an aggressive posture." - Tom Burghardt July 1, 2009
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