More Details Emerge Showing The US Government Has No Idea How To Solve A Problem Like Snowden

from the piling-futility-on-futility dept

For all of its surveillance and number-crunching powers, the NSA has had little success in dealing with its Snowden problem. It still seems the agency has no idea what Snowden took, with guesses varying wildly over the past several months. Some reports (not the NSA's) have put that number as low as 60,000. The NSA continues to claim the number is over one million, even with its most recent guess revising its first estimates downward.

But the number of documents is only part of the problem. Details of the government's inability to apprehend Snowden, as well as its uncertainty as to his current location or activities, continue to surface. Snowden seems to be able to operate in the all-seeing-eye's blind spots, according to officials quoted by Greg Miller at the Washington Post.

The first indication that the government was operating several steps behind Snowden surfaced during his move from Hong Kong to Russia. The plan, such as it were, was to rely on the benevolence of a country whose president often displays a casual antipathy towards the United States.

For weeks, senior officials from the FBI, the CIA, the State Department and other agencies assembled nearly every day in a desperate search for a way to apprehend the former intelligence contractor who had exposed the inner workings of American espionage then fled to Hong Kong before ending up in Moscow.

Convened by White House homeland security adviser Lisa Monaco, the meetings kept ending at the same impasse: Have everyone make yet another round of appeals to their Russian counterparts and hope that Snowden makes a misstep.

Snowden didn't misstep, but the US did, concentrating its efforts on a flight to Bolivia that the former NSA contractor never boarded. (It also scrambled a rendition jet on the off-chance that Snowden could be seized out in the open.) And even if he had decided to head that direction, there was actually very little the US could have done about it. Forcing the plane to land (as it did with the president of Bolivia's jet) wasn't the problem. This could be done in any allied airspace. The problem was that the country's jurisdiction ended where the plane's cabin began.

Even if Snowden had been a passenger, officials said, it is unclear how he could have been removed from a Bolivian air force jet whose cabin would ordinarily be regarded as that country’s sovereign domain — especially in Austria, a country that considers itself diplomatically neutral.

“We would have looked foolish if Snowden had been on that plane sitting there grinning,” said a senior Austrian official. “There would have been nothing we could have done.”

But what is probably more concerning is the fact that US intelligence seems to have little idea what Snowden's doing, where he's living or anything else. While some officials have made claims that Snowden is now working for Russian intelligence, any actual intelligence is sparse and nearly impossible to verify.

Snowden is facing espionage-related charges, and the FBI has power to conduct wiretaps and enlist the NSA and CIA in its investigative efforts overseas. But even with such help, officials said, the bureau’s reach in Moscow is limited.

“The FBI doesn’t have any capability to operate in Moscow without the collaboration of the FSB,” said a former senior U.S. intelligence official who served in the Russian capital.

Further hampering its investigation is the lack of evidence that Snowden is working for a "foreign power" or actively aiding an enemy state. Russia, despite its problems, simply doesn't qualify as a direct opponent of our national security. And so far, nothing obtained has indicated Snowden is now an FSB operative. Without this crucial stipulation, the government can only go so far in its efforts.

Several U.S. officials cited a complication to gathering intelligence on Snowden that could be seen as ironic: the fact that there has been no determination that he is an “agent of a foreign power,” a legal distinction required to make an American citizen a target of espionage overseas.

For all the claims that Snowden has done irreparable harm to US security with his leaks, it's kind of surprising that the government can gather so little information on the current situation of its public enemy #1. This also shows that the surveillance state is severely limited without cooperative partners, something countries expressing outrage over expansive data/communication harvesting should take note of.

The government claims Snowden has harmed America, but can't even determine what he took, who he's working with or even where exactly he's currently living. It can't even provide enough evidence of its claims to build a case that would provide it more surveillance options. And yet, it wants to throw Snowden in jail for espionage. That doesn't add up.

Filed Under: bolivia, cia, ed snowden, fbi, lisa monaco, moscow, nsa, state department, surveillance, us government

Moscow Metro Deploying Cell Phone Tracking System To Fight 'Thieves' And 'Terrorists'

from the this-all-sounds-very-familiar... dept

More privacy-invasion has arrived in the guise of "good." This time it's Russia doing the invading. An article in Izvestia notes that the Moscow Metro is planning to install short-range Stingray-esque cell phone tracking to (ostensibly) recover stolen phones and monitor terrorist activity. It's all very legal according to the Metro spokesman, who says law enforcement is allowed to track SIM cards without a warrant or additional measures, as the card falls under the category of "company property."

Andrey Mokhov, the operations chief of the Moscow Metro system’s police department, said that the system will have a range of five meters (16 feet). “If the [SIM] card is wanted, the system automatically creates a route of its movement and passes that information to the station attendant,” Mokhov said.

Many outside experts, both in and outside Russia, though, believe that what local authorities are actually deploying is a “stingray,” or “IMSI catcher”—a device that can fool a phone and SIM into reading from a fake mobile phone tower. (IMSI, or an International Mobile Subscriber Identity number, is a 15-digit unique number that sits on every SIM card.) Such devices can be used as a simple way to see what phone numbers are being used in a given area or even to intercept the audio of voice calls.

Much like so-called "just metadata," accessing a SIM card via this sort of device opens up the cell phone user to all sorts of dubious surveillance. And, much like US law enforcement claiming license plates only represent a car (not a person), Russian law enforcement is claiming it only tracks "SIM cards," not individuals.

Keir Giles, of the Conflict Studies Research Centre, an Oxford-based Russian think tank, told Ars that Russian authorities are claiming a legal technicality.

"They are claiming that although they are legally prohibited from indiscriminate surveillance of people, the fact that they are following SIM cards which are the property of the mobile phone operators rather than the individuals carrying those SIM cards makes the tracking plans perfectly legal," he said, adding that this reasoning is "weaselly and ridiculous."

This is the way it goes these days, even in the US, which has supposedly held itself to a higher standard when it comes to respecting its citizens' privacy. Any loophole will do. License plates are not people. Metadata isn't specific. Long-term tracking isn't a search or an invasion of privacy. Cell phone tower spoofing equipment and surveillance drones are utilized with little oversight and fewer ground rules, presumably under the assumption that it's easier to ask forgiveness than permission. Warrants and other protections are now extraneous niceties.

Of course, Russia has never held itself up a paragon of civil liberties, but critics still find this particular move surprising.

“Many surveillance technologies are created and deployed with legitimate aims in mind, however the deploying of IMSI catchers sniffing mobile phones en masse is neither proportionate nor necessary for the stated aims of identifying stolen phones,” Eric King of Privacy International told Ars.

“Likewise the legal loophole they claim to be using to legitimize the practice—distinguishing between tracking a person from a SIM card—is nonsensical and unjustifiable. It's surprising it's being discussed so openly, given in many countries like the United Kingdom, they refuse to even acknowledge the existence of IMSI catchers, and any government use of the technology is strictly national security exempted.”

Like any other broad surveillance effort, no one believes it will be limited to the stated aims. Another point lending credence to the feeling that Russian law enforcement has more than "stolen phones" in mind concerns the logistics: with a range of only 16 feet, a device will need to be placed roughly every 32 feet to be effective, a cost that certainly outweighs the value of the equipment recovered. Of course, as we've seen in the past, no one seems able to put a price tag on "preventing terrorism," and presumably Russia feels the same way. If catching cell phones thieves doesn't make fiscal sense, fighting an unwinnable war will put the balance sheet back in the black.

Filed Under: metro, moscow, surveillance

Ed Snowden Leaves Hong Kong, Seeks Asylum In Ecuador, As US Officials Flip Out

from the many-fists-were-shaken-impotently-that-day... dept

Edward Snowden had a few options available to him in Hong Kong despite facing extradition for espionage and theft charges. Beyond the appeals process that would have held off the inevitable for several years, there were certain built-in safety nets (the "political offense exception" built into the US-Hong Kong extradition treaty and protections against "inhumane treatment" via the UN) ihat could have seen him avoid extradition altogether.

Those no longer matter as Snowden is on his way to Ecuador, via Moscow and Cuba, accompanied by a member of Wikileaks' legal team. The US government was informed about Snowden's departure roughly five hours after he boarded an Aeroflot plane headed to Moscow. According to the statement released by Hong Kong officials, they had no choice but to let Snowden go.

Edward Snowden has left Hong Kong on his own accord for a third country through a lawful and normal channel, and Hong Kong has informed the US Government of his departure...

Since the documents provided by the US Government did not fully comply with legal requirements under Hong Kong law, the Hong Kong Government requested additional information so that the Department of Justice could consider whether the US Government's request met relevant legal conditions.

As the Hong Kong Government did not yet have sufficient information to process the request, there was no legal basis to restrict Mr Snowden from leaving Hong Kong.

It's a rarely seen event, but someone has just told the US government, "Your papers are not in order." That's a hell of a thing to wake up to, especially if you're one of the members of the "harmed" parties. (Supposedly Snowden's actions would harm all Americans from the way the anti-whistleblower contingent makes it sound, but really it's just the NSA and the FBI that have been caught with their particulars exposed.)

Hong Kong officials added one more paragraph to its statement, one which explains why Snowden was given a five-hour head start.

At the same time, it has formally written to the US Government requesting clarification on reports about the hacking of computer systems in Hong Kong by US government agencies. It will follow up on the matter, to protect the legal rights of people of Hong Kong.

In other words, Hong Kong finds the US government's actions more problematic than Snowden's actions, so have fun catching your boy!

Snowden's escape will be an embarrassment to those who publicly stated their confidence that Hong Kong would comply with the orders.

The White House appears to have been caught flat-footed by the latest manoeuvres. On Saturday, President Obama's national security adviser, Tom Donilon, told CBS news he expected Hong Kong to arrest Snowden because it "has been a historically good partner of the United States in law enforcement matters and we expect them to comply with the treaty in this case".

In fact, the US government is looking particularly hapless, what with its stern demands to Hong Kong before Snowden left, followed by similarly pathetic demands to Russia to not let Snowden hop a flight onto his next destination.

So, Snowden is on his way to Ecuador, seeking asylum in the same country that opened up its doors, heart and embassy Hide-a-bed to Julian Assange. His itinerary was hardly direct, but it made stops in nations unlikely to greet him at the airport with handcuffs and a seat on the next flight to the United States. Traveling to Russia and Cuba made it much less likely that someone would "officially" recognize the fact that the US government had revoked Snowden's passport prior to his boarding the flight to Russia. (Of all Snowden's worries, traveling with a revoked passport has to be so far down the list as to be imperceptible.)

He's left behind a wealth of information, all of which the US government would rather have kept secret. A trail of angry politicians and security officials also follow close behind, decrying his every move, including CISPA sponsor Mike Rogers.

"When you look at it, every one of these nations is hostile to the United States," Rogers said on NBC's "Meet the Press."

"If he could go to North Korea and Iran, he could round out his 'government oppression tour.' So when you think about what he says he wants and what his actions are, it defies logic."

I doubt Snowden sympathizes with oppressive governments, but he does know who's more likely to ignore US pleas, threats or attempted intervention. Considering what's happened to other whistleblowers, the US government looks a bit oppressive itself, at least from Snowden's viewpoint. Still, Rogers thinks Snowden should just come home and get what's coming to him.

"If he really believed he did something good, he should get on a plane, come back, and face the consequences of his actions," Rogers said.

His statement makes no sense. Rogers has already declared Snowden guilty as charged and seems to think Snowden should martyr himself for his cause via the No Good Deed Goes Unpunished Whistleblower Retribution Plan that George Bush and (especially) Barack Obama are so fond of. Whistleblowers like Snowden should "face the consequences" while the government's excesses and overreach should be allowed to continue on unpunished in perpetuity.

There is a potential downside to Snowden's actions. By seeking asylum in a country with a somewhat antagonistic relationship with the US, there's always the possibility that he'll be used as a pawn when politically convenient. Ecuador has already proven it has a rather flexible definition of "asylum," one which allows it to suddenly revoke "refugee" status if certain governments ask nicely. Given the right circumstances, his hosts could decide to offer his freedom in exchange for something it really wants, or to avoid something it doesn't.

Filed Under: cuba, ecuador, ed snowden, edward snowden, extradition, hong kong, mike rogers, moscow, russia