The Obama administration confirmed the existence of a classified U.S.
government program that gathers data on foreign nationals from Internet
companies, defending the effort as legally authorized and essential to
thwarting terrorist attacks.
The disclosure last night came a day after reports emerged of a secret court order compelling Verizon Communications Inc. (VZ)
to provide the National Security Agency with data on all its customers’
calls. While the revelations stirred outrage among privacy-rights
advocates, U.S. lawmakers from both parties acknowledged earlier
yesterday that they were aware of the Verizon order and backed the
collection of telephone records as necessary to combating terrorism.
“Everybody should just calm down,” Senate Majority Leader Harry Reid, a Nevada Democrat, said at a news conference in Washington. “It’s a program that’s worked to prevent not all terrorism but certainly a vast majority of it.”
Reports
in the Guardian and Washington Post newspapers on telephone and
Internet surveillance revived a debate that has repeatedly flared since
the Sept. 11 attacks about the proper balance between American civil
liberties and protection against terrorist threats. The news came as
President Barack Obama is being challenged over his regard for individual privacy and constitutionally guaranteed freedom of the press.
U.S.
Director of National Intelligence James Clapper acknowledged the
Internet and telephone data-collection efforts in two statements
circulated by the White House late last night. Responding to the Post
and the U.K.-based Guardian reports, he called the surveillance a vital
tool in fighting terrorism.
Protect Nation
“Information
collected under this program is among the most important and valuable
foreign intelligence information we collect, and is used to protect our
nation from a wide variety of threats,” Clapper said of the Internet
effort.
The Post and the Guardian reported yesterday, citing
classified documents, that the FBI and NSA had accessed the central
servers of nine U.S. Internet companies, extracting audio and video
chats, photographs, e-mails, documents and connection logs. Code-named
PRISM, the program traces its roots to warrantless domestic surveillance
efforts under former President George W. Bush.
Microsoft Corp. (MSFT), Yahoo! Inc. (YHOO), Google Inc. (GOOG), Facebook Inc (FB)., and Apple Inc. (AAPL)
were among the technology providers involved, the newspapers reported.
The companies issued statements last night either denying that they had
granted the government access to their servers or saying that they were
unaware of the program.
Court Restrictions
The Post said
the operation, which began in 2007, has grown exponentially and become
the most prolific contributor to the president’s daily intelligence
briefing, providing raw material for almost one in seven reports. Part
of the Defense Department, the NSA runs computer centers analyzing huge
databases.
Clapper said the program to tap Internet companies’
servers of “cannot be used to intentionally target any U.S. citizen” or
anyone located within the U.S.
Both programs are authorized under
the Foreign Intelligence Surveillance Act, Clapper said, and subject to
supervision by members of Congress. Data collected are subject to
limits by the Foreign Intelligence Surveillance Court, he said.
On
the telephone program, he said, “the court only allows the data to be
queried when there is a reasonable suspicion, based on specific facts,
that the particular basis for the query is associated with a foreign
terrorist organization.”
The telephone surveillance, sought by the
Federal Bureau
of Investigation and approved by the court on April 25, requires
Verizon to provide the NSA with information for three months on calls
inside the U.S. and between the U.S. and other countries on a daily and
“ongoing” basis, the Guardian reported.
Broad Support
The
American Civil Liberties Union
last night condemned the data collection described by the Post and
Guardian as an abuse of power and called on U.S. lawmakers to
investigate.
“Unchecked government surveillance presents a grave
threat to democratic freedoms,” ACLU Deputy Legal Director Jameel Jaffer
said in an e-mailed statement. “These revelations are a reminder that
Congress has given the executive branch far too much power to invade
individual privacy.”
The Justice Department,
as part of its inquiries into leaks of national-security information,
has also obtained secret search warrants for telephone records of
journalists from the Associated Press and Fox News, prompting protests
from U.S. lawmakers and media-advocacy groups.
Some lawmakers yesterday blasted the breadth of the surveillance. Senator Charles Schumer, a New York Democrat, demanded an explanation for a program he called “invasive.”
“One thing I have not heard is what the explanation is for needing to do this,” Schumer told reporters.
‘Broad Support’
House Speaker John Boehner,
an Ohio Republican, said Obama should explain to the American people
what he’s doing. The president has the “responsibility to outline what
these tools are and how they are being used,” Boehner told reporters.
Still,
any effort to limit government surveillance authority “seems unlikely
given the broad support counter-terrorism programs have had from
congressional leadership,” said Matt Miller,
former public affairs director for the Justice Department under Obama
and previously a staff member for House and Senate Democrats’ campaign
organizations.
“Some of the criticism today is of the brand ‘I
can’t believe you’re doing this thing I authorized you today do,’ which
is just a little disingenuous,” said Miller, now a partner in the policy
and crisis management firm Vianovo LP.
Senate Intelligence Committee Chairman Dianne Feinstein, a California Democrat, and Saxby Chambliss of Georgia,
the panel’s top-ranking Republican, said that the telephone
surveillance is legal and that they have been kept informed under the
law.
‘Good Intelligence’
“Terrorists will come after us
if they can, and the only thing we have to protect us is good
intelligence,” Feinstein told reporters. She said the telephone data had
stopped multiple plots, though she would not provide any details.
The Bush administration
started the so-called Terrorist Surveillance Program in the aftermath
of the Sept. 11 attacks, when agencies began secretly conducting
electronic surveillance on U.S. phone calls and e-mails without court
warrants.
Congress passed a law in 2008 codifying parts of the
program and authorizing intelligence agencies to get broad electronic
surveillance orders from the Foreign Intelligence Surveillance Court. In
2012, there were 212 such FISA orders, known as “business records
requests,” according to a letter from the Justice Department to Reid.
The letter doesn’t specify the targets or scope of the requests.
‘Real Debate’
That
2008 law updated the more than three-decade-old Foreign Intelligence
Surveillance Act. It lets intelligence agencies monitor the e-mail,
Internet activity and phone calls of non-U.S. citizens reasonably
believed to be located outside the U.S. and involved in terrorist
activities or other crimes. Congress voted last year to extend it until
the end of 2017.
Senator Ron Wyden,
an Oregon Democrat who tried and failed to include stronger civil
liberties protections the last time the law authorizing
counter-terrorism surveillance was renewed, said he hoped disclosure of
the monitoring would provoke “a real debate in the Congress and the
country.”
Senator Bob Corker
of Tennessee, the top Republican on the Senate Foreign Relations
Committee said there could be a “very simple solution” to address
concerns Americans have about their data “being stored, and potentially
looked at, without them necessarily being singled out as someone who
might be causing harm for our nation.” He declined to elaborate.
Little Outrage
Still,
there were few signs of outrage as senators filed out of a closed
meeting held by the Senate Intelligence Committee on the program.
Senators Marco Rubio, a Florida Republican, Tom Coburn, an Oklahoma Republican, and Al Franken, a Minnesota Democrat, told reporters that the surveillance program is operating under sufficient legal controls.
Feinstein
and Chambliss, briefing reporters, said the telephone information
collected is dumped into a government database and then used to respond
to specific threats.
The surveillance program creates “a
telephone book” of data and cannot be accessed without “reasonable,
articulable suspicion that the records are relevant and related to
terrorist activity,” Feinstein said.
The court order covers
telephone numbers as well as the location and duration of calls, but not
the content of users’ conversations, according to a copy of the order
published by the Guardian and posted
on its website.
Supreme Court
The Supreme Court
has never ruled on the constitutionality of such a sweeping
surveillance program. In February, the court voted 5-4 to bar a
challenge by lawyers and civil-rights activists to a federal law that
allows government wiretapping of international phone calls and e-mails.
The
majority didn’t rule on the surveillance program itself, instead saying
the opponents lacked “standing” to sue because they hadn’t shown they
were being harmed.
“The stories published over the last two days
make clear that the NSA -- part of the military -- now has direct access
to every corner of Americans’ digital lives,” said the ACLU’s Jaffer,
who argued the case before the Supreme Court. “Powers exercised entirely
in secret, without public accountability of any kind, will certainly be
abused.”
Clapper last night criticized the release of previously
classified information about surveillance efforts and said the Post and
Guardian articles had left out important context about the usefulness
of the programs and their privacy safeguards.
“The unauthorized
disclosure of information about this important and entirely legal
program is reprehensible and risks important protections for the
security of Americans,” Clapper said of the report on the Internet data.