Skip to comments.NSA Lying to you about the nature of their searcches.
Posted on 06/17/2013 8:10:23 PM PDT by Vendome
To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court.
Nothing contained in this chapter or Section 605 of the Communications Act of 1934 shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities. Nor shall anything contained in this chapter be deemed to limit the constitutional power of the President to take such measures as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government.
Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
A telecommunications carrier shall ensure that its equipment, facilities, or services are capable of expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment [and] to access call-identifying information.
Currently, all Internet wiretaps using the Carnivore system begin with an FBI investigation. As with any wiretap, the FBI requires its investigators to ask for permission. According to the Illinois report, the process the FBI follows to obtain a wiretap is as follows:
--For a full mode wiretap only
· A case agent in an investigation determines a wiretap may be needed.
· The agent contacts the FBIs Chief Division Counsel (CDC), familiar with statutory requirements.
· The agent contacts a Technically Trained Agent (TTA); an experienced Special Agent with advanced training.
· After consulting with the CDC, the TTA, and with field office supervisors, the case agent will determine if the wiretap is required.
--For a pen register wiretap only
· The case agent requests pen-register surveillance in writing, with a justification for necessity.
--Then, for either full mode or pen mode
· FBI shows a judge the relevance of the information sought to the investigation.
· FBI shows a judge why traditional enforcement methods are insufficient.
· FBI must submit request with information such as target internet service provider (ISP), e-mail address, etc.
· This process may take up to 4-6 months.
At this point, two court orders are issued; one that authorizes the intercept, and a second, which directs the ISP to cooperate with the investigation. After receiving a court order, the FBI begins conversations with the target ISP. Carnivore is deployed when:
· The ISP cannot narrow sufficiently the information retrieved to comply with the court order.
· The ISP cannot receive sufficient information.
· The FBI does not want to disclose information to the ISP, as in a sensitive national security investigation.
Let's get on a big boat with a huge net and go fishing!
If it is deemed necessary, a Carnivore computer is taken from FBI headquarters and brought to the ISP. The TTA takes responsibility for the installation of the system, for configuration of the system based on the court order, and for securing the work area at the ISP. After this, the TTAs work is done; the TTA does not receive or complete minimization on any of the information collected by Carnivore.
At this point, the case agent can retrieve the intercepted information remotely as it is received by Carnivore, or he can await the information on the Jaz disk from the computer.
The hardware components of the Carnivore system are:
1) a one-way tap into an Ethernet data stream;
2) a general purpose computer to filter and collect data;
3) one or more additional general purpose computers to control the collection and examine the data;
4) a telephone link to connect the additional computer(s) to the collection computer.
Figure 2: Carnivore Hardware Architecture
One Way Tap
The connection from the filtering/collection computer to the ISP's network is a third-party one-way tap. The device, called the Century Tap, is produced by Shomiti Systems. The one-way tap is placed between a link from a switch to a subnet, as illustrated in the figure above.
The configuration reported in the Illinois report only works for standard Ethernet. Although the tap is capable of being used with full-duplex Ethernet, the researchers at the IITRI have determined that the presence of collisions could cause packet loss, or even the capture of wrong packets. In full duplex mode, this problem is exacerbated by increased throughput.
The computer which resides at the ISP is a Pentium-class PC installed with a 2 GB Jaz Drive, a standard 10/100 Mbps Ethernet adapter, a modem, Windows NT, and the software package pcAnywhere, produced by Symantec. It connects to the one-way tap through its Ethernet adapter. It connects to an outside control/examination computer through a modem using a special telephone link. According to the Illinois report, the computer is installed without a monitor or keyboard.
Any computer may act as a control/examination computer, so long as it has installed on it: pcAnywhere, the DragonWare package including CoolMiner and Packeteer, a modem, and the proper keys and passwords to access the Windows NT administrator account, pcAnywhere, and the telephone link.
The filtering/collection computer communicates with the control/examination computer through a telephone line, which is installed especially for its use. The telephone line is protected by third-party devices from Computer Peripheral Systems, Inc; (CPSI) from their line of Challenger Security Products (CSP). The protection devices come in pairs; a Lock is a device attached to the phone line on the end of the filtering/collection computer, and a Key is another device attached to the phone line on the end of the many control/examination computer being used.
Figure 3: Carnivore Advanced Menu
"Carnivore software is a component of a software suite called DragonWare written by the FBI. The other components of DragonWare are Packeteer and CoolMiner, two additional programs that reconstruct e-mail and other Internet traffic from the collected packets." The software will be examined in two ways, first its functionality, and second its architecture.
Carnivore's functionality can be broken up into 3 areas: Filtering, Output, and Analysis.
The filtering system provided with the software is intended to take the large amounts of data passing through the tapped network stream and prevent the unwanted data from being stored. The software provides the user many different options for filtering and the combination of filters:
Can choose a range of IP addresses.
If not in fixed IP mode, one can choose to include packets from in either Radius or DHCP mode.
One can choose to include packets from TCP, UDP, and/or ICMP in either Full mode, Pen mode, or none.
One can include packets that contain arbitrary text.
One can select particular ports to include (i.e. 25 (SMTP), 80 (HTTP), 110 (POP3)).
E-mail address Filtering
One can select to include packets that contain a particular e-mail address in the to or from fields of an e-mail.
The software produces three types of files when storing packets, files with extensions '.vor', '.output', and '.error'. The actual data collected from the network is saved in a .vor file. The '.output' file contains a human readable version of the settings used to collect the data in the corresponding '.vor' file. Finally, the '.error' file keeps track of any system messages that may have been generated during collection. The software does not prevent files from being stored on the local hard drive, but they are typically stored on the 2GB Jaz Drive attached to the system.
The DragonWare package provides two programs to analyze the information stored in the '.vor' file produced by Carnivore.
This program takes the collection of IP packets in .vor files, reconstructs the TCP session, and creates a series of files that can be viewed with CoolMiner.
This program can be set up to show only certain types of packets.
The Carnivore software consists of four components: TapNDIS driver, TapAPI.dll, Carnivore.dll, and Carnivore.exe
TapNDIS (written in C) is a kernel-mode driver, which captures Ethernet packets as they are received, and applies some filtering. The source is divided into 13 files, 9 of which are borrowed intact or with only minor changes, from WinDis 32 sample programs. 2 others were generated by Microsoft Developer Studio. The remaining two files contain all the logic for driver-level filters and for writing data to a file. The IITRI assumes this to be the core of the Carnivore implementation.
TapAPI.dll (written in C++) provides the API for accessing the TapNDIS driver functionality from other applications.
Carnivore.dll (written in C++) provides functionality for controlling the intercept of raw data. This is where pen mode truncation occurs.
Did you understand any of that? I do but, this is my job.
All you really need to know is this part: "At this point, the case agent can retrieve the intercepted information remotely as it is received by Carnivore"
The FBI perform's its own minimization. That is, "control of the information is removed from a third-party source". The FBI and other agencies such as DOJ and DEA have no clients to protect. That means they have no legal or lawful reason to actually perform minimization, the 1st and 4th amendments be damned! Remember Reagan's sarcastic joke "I'm from the government. I'm here to help"??? You just have to trust they are of the highest morals and operate with pure and nuetral ethics.
Has there been any news of late that would give you a reason to trust them?
Well, you shouldn't as the FBI IITRI review of Carnivore states the statutory suppression remedy available for illegal interception of other communications in Title III is not extended to electronic communications the data gathered would not automatically be thrown out as evidence.
Wow?! you mean you could just keep the information and use it later whenever it suited you? Courts said "Yeah, they can do that".
A long but very interesting read, particularly for an old fart like me.
Thanks for the info V.
We know that the governments of the world are being spied on by new world order’s US - UK intelligence alliance.
However, every business in America is also subject to ALL their private info that transits the internet being subject to spying to an unknown degree.
Software companies, engineering firms, financial firms, law firms, chemical firms, etc., etc., etc.
Your encryption is NOT 100% secure, sorry. The NSA brute has the processor muscle to brute force attack and the social engineering to break in where it wants to. They can hear support phone calls where passwords are spoken in the clear, account numbers are spoken in the clear, business plans, political conversations, etc., etc.
Massive, monster, 100% lack of computer security for every business in America.
Let alone every single person.
Let alone businesses and people all over the world who’s data passes through the sniffers in a fraction of a second.
We need more research on this and more voices.
Yes, employees and contractors of NSA, you’re included.
I don’t think many people would enjoy living in the police state that is planned for America.
If your net worth is less than a few hundred million, your assets and your life itself are chicken feed to new world order.
The billionaires of the world, as long as they stay with nwo, will come out on top.
Nwo controls both political parties in our government.
Think about this and I’m going to make it a simple explanation so anyone can understand why the US government has no legitimate, legal or lawful right to any and all information about us.
When you get a cell phone you pay for it.
Along with the cell phone you agree in contract to service with a wireless carrier.
Wireless carrier are what we call Responsible Organizations or RespOrgs. With your service you get a telephone number WHICH belongs to you. In other words, you own the phone, the telephone number and the RespOrg manages your number and the service you contract them for associated with that that number.
So, you fork out some money up front and then every month you fork over money for service you contracted with through a private firm to manage your communications.
Now, when you make a call, text or email, using your fancy new phone that is your private property, using your private number which again, you own, the first transmission signal you send is the ID of your phone, subscriber ID and telephone number.
You own all those as do all the people you communicate with.
When you call them they first time they know it’s you is when they see your telephone number displayed on their phone.
This is called Automatic number identification (ANI). Each phone connect to each other using a means of wink/wink letting each other know and the users there is a connection established.
Whether anyone answers the phone, two devices connected and a message was sent, at a minimum your telephone number but, it may also include a favorite ringtone and picture ID.
This demonstrates further just how much ownership you have over your phone and the information you receive. Further, being able to customize that information, direct calls to another number or send voicemails to text or have text manipulated so that it is machine read back to you.
These things you can do because someone manufactured a phone with these capabilities for end users and for service providers to provide to their customers, who are contracted to them for private service.
No matter how your call is routed within a carriers network or if it transits another carriers network or if it is routed to edge devices who are contracted to the carrier so that the call routing decisions are made automatically based on priorities and decisions that you a private citizen makes as well the decisions of Wireless service providers, which are also owned privately.
They, like you, purchase equipment through various means of financing, barter, trade and outright capital expenditures.
There is no way the government can say they have the right to that which is privately owned.
According to Dick Cheney on Hannity earlier, the contract Snowden had with NSA overrides the hundreds of millions of telephone and internet service contracts expectation of privacy.
Nice, right ?
Cheney is wrong, not even incorrect, wrong.
If I understood “Snowjob” he said he could gather nearly any piece of information on an American Citizen within minutes.
Not possible. Not probable.
As far as I can see all Snowjob did was give a name to what most of us or least long time professionals in the communications arena already know and knew.
For instance, ISP’s are required to archive seven years of records. If one of the Alphabet agencies is provided Whole Pipe access to look through the records for a single suspect and the information described in the warrant, the agencies just scoops huge swaths of information that has nothing to do with the target.
They then, violating court order, do not minimize the information. That is, dump and destroy any and all information that is not specific to the warrant.
They have no reason and at this point, no sanction to compel them.
One element still sticks out ~ the 4th amendment in the constitution starts with "..... against unreasonable searches and seizures...." and not with the hows and whyfors of warrants. This covers the situation where the magistrate, or even a citizen, is walking down the street and sees something. Several histories note the use of 'unreasonable' in this amendment, and elsewhere in English law, such that there's a clear distinction between just seeing something and eavesdropping which was a more directed sort of observation.
With a pre-existing set of records, perhaps the kind required by law and available for perusal for regulatory purposes, we are not engaged in eavesdropping when we look at them statistically. You can still eavesdrop by subjecting those records to higher scrutiny than for which they were intended.
Seriously, there's simply no clear meat-axe in this so we can say THAT goes over here and THAT OTHER THING goes over there. The whole business hinges on 'reasonable' not whether there is a 'warrant', nor whether there is a 'crime'.
As an history note, FR covered all of the 4th amendment issues in detail just a couple of years ago with the Indiana Supreme Court issue. There a case of domestic dispute got turned into a constitutional case when the judge who wrote the decision for the court seems to have relied too much on his background as a military legal advisor ~ he'd been the head lawyer dealing with the prisoners at GITMO.
The solution was to simply remove him and another judge from the court then rehear the final argument which would have resolved the problem. However, we had some upset that it seemed to them the 4th amendment was violated. Actually, in the end, after the legislature passing a law or two, the solution was achieved when two judges LEFT THE COURT!
We get these undigested churnings and they cause great consternation and wailing and gnashing of teeth, but usually it's just a misunderstanding by somebody ~ not a conspiracy to overthrow the government. We can fix these by firing people!