"You Should Use Both" - How America's Internet Companies Are Handing Over Your Data To Uncle Sam

Tyler Durden's picture

In the aftermath of the PRISM spying scandal, the first and logical response was an expected one: lie. The president did it, and so did the various companies implicated in the biggest US surveillance scandal ever exposed. To wit:

  • Zuckerberg: "Facebook is not and has never been part of any program to give the US or any other government direct access to our servers."
  • Google CEO Larry Page: "We have not joined any program that would give the US government – or any other government – direct access to our servers."
  • Yahoo: "We do not provide the government with direct access to our servers, systems, or network."

One small problem: they are all lying.

The NYT explains just how the explicit handover of private customer data from Corporate Server X to NSA Server Y takes place.

The companies that negotiated with the government include Google, which owns YouTube; Microsoft, which owns Hotmail and Skype; Yahoo; Facebook; AOL; Apple; and Paltalk, according to one of the people briefed on the discussions. The companies were legally required to share the data under the Foreign Intelligence Surveillance Act. People briefed on the discussions spoke on the condition of anonymity because they are prohibited by law from discussing the content of FISA requests or even acknowledging their existence.

 

In at least two cases, at Google and Facebook, one of the plans discussed was to build separate, secure portals, like a digital version of the secure physical rooms that have long existed for classified information, in some instances on company servers. Through these online rooms, the government would request data, companies would deposit it and the government would retrieve it, people briefed on the discussions said.

 

...

 

Each of the nine companies said it had no knowledge of a government program providing officials with access to its servers, and drew a bright line between giving the government wholesale access to its servers to collect user data and giving them specific data in response to individual court orders. Each said it did not provide the government with full, indiscriminate access to its servers.

 

The companies said they do, however, comply with individual court orders, including under FISA. The negotiations, and the technical systems for sharing data with the government, fit in that category because they involve access to data under individual FISA requests. And in some cases, the data is transmitted to the government electronically, using a company’s servers.

 

The U.S. government does not have direct access or a ‘back door’ to the information stored in our data centers,” Google’s chief executive, Larry Page, and its chief legal officer, David Drummond, said in a statement on Friday. “We provide user data to governments only in accordance with the law.” Statements from Microsoft, Yahoo, Facebook, Apple, AOL and Paltalk made the same distinction.

 

But instead of adding a back door to their servers, the companies were essentially asked to erect a locked mailbox and give the government the key, people briefed on the negotiations said. Facebook, for instance, built such a system for requesting and sharing the information, they said.

 

The data shared in these ways, the people said, is shared after company lawyers have reviewed the FISA request according to company practice. It is not sent automatically or in bulk, and the government does not have full access to company servers. Instead, they said, it is a more secure and efficient way to hand over the data.

 

Tech companies might have also denied knowledge of the full scope of cooperation with national security officials because employees whose job it is to comply with FISA requests are not allowed to discuss the details even with others at the company, and in some cases have national security clearance, according to both a former senior government official and a lawyer representing a technology company.

And there you have it: backdoors, locked (and not so locked mailboxes), and internal corporate firewalls in which some employees know everything that is going on and are used as a Chinese Wall scapegoat by everyone else who was shocked there is snooping going on here, SHOCKED.

Oh, and if that was not enough, here it is straight from the horse's mouth. Via the Guardian:

The slide, below, details different methods of data collection under the FISA Amendment Act of 2008 (which was renewed in December 2012). It clearly distinguishes Prism, which involves data collection from servers, as distinct from four different programs involving data collection from "fiber cables and infrastructure as data flows past".

 

 

Essentially, the slide suggests that the NSA also collects some information under FAA702 from cable intercepts, but that process is distinct from Prism.

 

Analysts are encouraged to use both techniques of data gathering.

"You Should Use Both." You know: just in case only one is insufficient to make a mocker of all personal rights and civil liberties.