Showing posts with label Silicon Valley. Show all posts
Showing posts with label Silicon Valley. Show all posts

Saturday, June 29, 2013

Silicon Valley Helped Build The Surveillance State

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More Than A Decade Ago, CIA Director Michael Hayden Began Enlisting The Private Sector To Build The NSA's Data Ops.

By MICHAEL HIRSH

Some of America's biggest social media and tech companies have been denying in recent days that they were aware of the National Security Agency's recently-exposed "PRISM" and telephone monitoring programs. But these denials obscure a larger truth: The government's massive data collection and surveillance system was largely built not by professional spies or Washington bureaucrats but by Silicon Valley and private defense contractors.

So says Michael V. Hayden, the retired Air Force general who as director of the NSA from 1999 to 2006 was a primary mover behind the agency's rebirth from Cold War dinosaur into a post-9/11 terror-detection leviathan with sometimes frightening technical and legal powers.

After many false starts, that transformation was achieved largely by drafting private-sector companies that had far more technical know-how than did the NSA, and contracting with them to set up and administer the technical aspects of these surveillance programs, Hayden told National Journal in an interview Sunday.

"There isn't a phone or computer at Fort Meade [NSA headquarters] that the government owns" today, he says.

That doesn't quite square with the popular image of the NSA as a shadowy confection of Big Brother and Big Government. Nor with the description of PRISM as merely "an internal government computer system," as Director of National Intelligence James Clapper called it over the weekend.

Among these contributing companies reportedly is Palantir Technologies, the Palo Alto, Calif., company that several news outlets have identified as a close associate of the NSA's. 

Another is Eagle Alliance, a joint venture of Computer Sciences Corp. and Northrup Grumman that runs the NSA's IT program and describes itself on its website as "the Intelligence Community's premier Information Technology Managed Services provider." 

("We made them part of the team," says Hayden.) Another is Booz Allen Hamilton, the international consultancy for which the reported whistleblower in the NSA stories, contractor Edward Snowden, began working three months ago. In 2002, Booz Allen Hamilton won a $63 million contract for an early and controversial version of the current data-mining program, called Total Information Awareness, which was later cancelled after congressional Democrats raised questions about invasion of privacy in the early 2000s. The firm's current vice-chairman, Mike McConnell, was DNI in the George W. Bush administration and, before that, director of the NSA. Clapper is also a former Booz Allen executive.

In its outreach to private industry, the NSA occasionally overreached. The most notorious example was the $1.2 billion "Trailblazer" program developed in the early-to-mid-2000s by SAIC and other companies, which led to the notorious attempted prosecution of another whistleblower, an NSA career employee, who sought to expose the program as a wasteful failure. "One of the things we tried to do with Trailblazer was to hire out a solution to our problems," Hayden says. "It was kind of a moonshot."

Afterwards, Hayden said, "we began to do this in increments," still employing private-sector firms. "It's the companies responding to your requests... You look for a Palantir, and you make them part of our team."

It's questionable whether any of the nine major U.S. Internet companies named in the PRISM stories were, like some of these contractors, also willing parts of the NSA "team." For the tech industry, especially the social-media companies, the controversy over the extent of the NSA's domestic data gathering has become an acute embarrassment. The NSA is said to have tapped into servers of the nine companies, but the heads of two of the biggest, Facebook founder Mark Zuckerberg and Google co-founder Larry Page, issued near-identical statements late last week saying neither of them had ever heard "of a program called PRISM" until the press reports.

Yet for Hayden, who was one of the longest-serving NSA directors ever, remaking the stodgy Cold War spy agency into a private-tech-sector enterprise was a logical outgrowth of dramatic changes in the nature of both threats and technology.

Well before 9/11, he says, he realized that as the Internet era was taking off, the NSA was failing in its mission to collect signals intelligence, or sigint, and effectively "going deaf," in the critique of the time. Hayden admitted this, surprisingly, in an open session of the House Permanent Select Committee on Intelligence in 2000, telling the members what he thought needed to happen if the NSA was going to get in front of the data. "This agency grew up in the Cold War. We came from the world of ENIGMA [the Nazi encryption device whose code was broken by the allies], for God's sakes. There were no privacy concerns in intercepting German communications to their submarines, or Russian microwave transmissions to missile bases," he says. "But now, I told them, all the data you want to go for is coexisting with your stuff. And the trick then, the only way NSA succeeds, is to get enough power to be able to reach that new data but with enough trust to know enough not to grab your stuff even though it's whizzing right by."

That is still the issue today, Hayden says. And while he admits that critics have raised some legitimate concerns about proper monitoring and intrusions into privacy, inadvertent or not, he believes there are now adequate safeguards against undue intrusion into citizens' records. Hayden adds: "If we weren't doing this, there would be holy hell to raise." He notes that the 2002 joint Senate-House inquiry into 9/11 criticized the NSA for being "far too cautious." 

And as controversial as they might seem, programs such as PRISM were always intended to resolve the conflict he had laid out in 2000: how to monitor overseas conversations that are often routed through servers in the United States. "This is a home game for us," says Hayden. "Are we not going to take advantage that so much of it goes through Redmond, Washington?"

During most of the Cold War, he says, the NSA was the cutting-edge innovator, helping to create the Internet and American computer industry back in the 1950s and '60. "We were America's Information-Age enterprise during America's Industrial Age. We had the habit of saying if we need it, we're going to have to build it," Hayden says. "But in the outside world there was a technological explosion in the two universes that had been at the birth of the agency almost uniquely ours: telecommunications and computers."

By the time 9/11 arrived, the American tech industry was building the best stuff and had the best minds, so the NSA no longer had any choice but to enlist Silicon Valley's help. Signals intelligence "has to look like its target. We have to master whatever technology the target is using to turn his beeps and squeaks into something humanly intelligible," Hayden says. Not only was much of this traffic being routed through the United States, but the tech sector knew how to penetrate and "mine" it. He concludes: "Why would we not turn the most powerful telecommunications and computing management structure on the planet to our use?"

The NSA did. But now some of these companies may come to regret what is emerging as a public relations disaster.

Thursday, November 04, 2010

The Silicon Heart Of The CIA's Drone Program

Netezza v. IISI

By JOANNE MARINER
October 21, 2010
Courtesy Of "CounterPunch"


The Suffolk County courthouse in Boston, Massachusetts, is an unlikely place to learn about the CIA's drone program. Yet a contract dispute currently being litigated in Superior Court there offers a rare glimpse into the computer systems and software that are at the heart of the program.

The suit gives worrying indications that the CIA may have knowingly relied on untested and substandard software to operate its drones. It also raises important questions regarding potential civil and criminal liability for civilian casualties that could result from flawed/erroneous drone strikes.

The CIA is not a party to the Massachusetts case. But its unmanned aerial vehicle program, whose operations are very much at issue in the case, was responsible for at least 20 missile strikes that are believed to have killed more than 150 people last month in the tribal areas of 
northwest Pakistan.

Netezza's Claim
The lawsuit was initiated in November 2009 by Netezza Corporation, a publicly-held computer company that IBM recently announced it was acquiring for $1.7 billion. Netezza, whose speciality is data storage and analytics, filed suit against Intelligent Integration Systems, Inc. (IISI), a software firm that Netezza had worked with since 2006.

According to Netezza's complaint, IISI breached an August 2008 contract between the two companies by refusing to adapt its software to run on a data warehouse appliance, called the TwinFin, that Netezza had developed. The complaint also asserted related claims regarding intentional interference with business relations, breach of the implied convenant of good faith, and conversion, among others.

Page 11 of Netezza's complaint made an intriguing but unspecific reference to "a large government agency" that was one of Netezza's clients. Without going into great detail, the complaint stated that during protracted discussions with IISI before the suit was filed, Netezza has warned IISI that its delay in developing the requested software was endangering Netezza's relations with this agency. The complaint also alluded to the agency's "increasing pressure" on Netezza, suggesting that IISI was breaching its promise to provide the software at a moment when Netezza was in real need of it.

IISI's Counterclaim

IISI's counterclaim, filed in January, told a different story. Accusing Netezza of demanding additional software-development work at no charge -- work beyond that outlined in the contract -- the counterclaim also asserted that Netezza had made false and defamatory statements about IISI and stolen IISI's trade secrets.

The counterclaim provided important clues about the uses to which Netazza's government agency client meant to put the computer system. In the fall of 2009, IISI's counterclaim explained, Netezza had began asserting that "an agency of the United States Government needed immediately to purchase and deploy TwinFin to process geospatial data relating to vital military operations." The need for the system was so urgent, apparently, that "the agency was willing to accept an incomplete beta product designed to perform that function."

The counterclaim went on to state that IISI was "incredulous" regarding Netezza's claim that "a U.S. Government agency would seek or use an incomplete beta product for the military purposes in question, where lives could be at stake."

The IISI counterclaim also gave more detail about the software product at issue. Called Geospatial, the software permits users to process vast amounts of data, enabling "events (such as a tornado heading towards a population center ... ) to be matched with personal characteristics in a database (such as telephone numbers for houses in the path of the tornado ... ) and mapped and analyzed quickly and efficiently."

Summary Judgment Motion and Ruling

By April 2010, when IISI filed a motion for summary judgment in the case, it had identified the US government agency as the CIA. It also said that in the end, after IISI had refused to provide the requested software, Netezza had illegally reengineered it, creating a hacked but flawed version of the product to run on the TwinFin appliance.

The motion said that Netezza had delivered the hacked version of the product to the CIA in October 2009, and that the CIA had accepted it. After that, IISI alleged, Netezza commenced a full-scale project to develop a version of the software that would work on the TwinFin, relying on IISI trade secrets and proprietary material.

The Superior Court ruled in favor of IISI in August 2010, finding that IISI did not breach its contract with Netezza by refusing to perform the software-development work that Netezza had demanded. The court's opinion did not mention the CIA or the software's military uses.

Left pending, among other issues, was IISI's claim that Netezza had misappropriated its trade secrets. And left entirely unaddressed were questions about the CIA's negligence in accepting substandard software and possible legal liability for flawed targeting decisions that could result from its use.

Joanne Mariner is a human rights lawyer working in New York and Paris.