Internet & Mobile

FAQ: What You Need to Know About the NSA’s Surveillance Programs

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by Jonathan Stray, Special to ProPublica

There have been a lot of news stories about NSA surveillance programs following the leaks of secret documents by Edward Snowden. But it seems the more we read, the less clear things are. We've put together a detailed snapshot of what's known and what's been reported where.

What information does the NSA collect and how?

We don’t know all of the different types of information the NSA collects, but several secret collection programs have been revealed:

 

A record of most calls made in the U.S., including the telephone number of the phones making and receiving the call, and how long the call lasted. This information is known as “metadata” and doesn’t include a recording of the actual call (but see below). This program was revealed through a leaked secret court order instructing Verizon to turn over all such information on a daily basis. Other phone companies, including AT&T and Sprint, also reportedly give their records to the NSA on a continual basis. All together, this is several billion calls per day.

 

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Email, Facebook posts and instant messages for an unknown number of people, via PRISM, which involves the cooperation of at least nine different technology companies. Google, Facebook, Yahoo and others have denied that the NSA has “direct access” to their servers, saying they only release user information in response to a court order. Facebook has revealed that, in the last six months of 2012, they handed over the private data of between 18,000 and 19,000 users to law enforcement of all types -- including local police and federal agencies, such as the FBI, Federal Marshals and the NSA.

Massive amounts of raw Internet traffic Much of the world’s Internet traffic passes through the U.S. even when the sender and receiver are both outside the country. A recently revealed presentation slide notes the U.S.’s central role in internet traffic and suggests domestic taps can be used to monitor foreign targets. A whistleblower claimed that he helped install a network tap in an AT&T facility in San Francisco on NSA orders in 2003. The tap sent the entire contents of high capacity fiber optic cables into a secret room filled with monitoring equipment. An unknown fraction of the intercepted data isstored in massive databases in case it is useful in the future.

Because there is no automatic way to separate domestic from international communications, this program also captures U.S. citizens’ internet activity, such asemails, social media posts, instant messages, the sites you visit and online purchases you make.

The contents of an unknown number of phone calls The details are sketchy, but there are several reports that the NSA records the audio contents of some phone calls. This reportedly happens “on a much smaller scale” than the programs above, afteranalysts select specific people as “targets.” There does not seem to be any public information about the collection of text messages, which would be much more practical to collect in bulk because of their smaller size.

The NSA has been prohibited from recording domestic communications since the passage of the Foreign Intelligence Surveillance Act but at least two of these programs -- phone records collection and Internet cable taps -- involve huge volumes of Americans’ data.

 

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Does the NSA record everything about everyone, all the time?

No. The NSA routinely obtains and stores as much as it can of certain types of information, such as the metadata from telephone calls made in the U.S. (but not their content) and some fraction of the massive amount of raw data flowing through major internet cables. It is also possible for the NSA to collect more detailed information on specific people, such as the actual audio of phone calls and the entire content of email accounts. NSA analysts can submit a request to obtain these types of more detailed information about specific people.

Watching a specific person like this is called "targeting" by the Foreign Intelligence Surveillance Act, the law which authorizes this type of individual surveillance. The NSA is allowed to record the conversations of non-Americans without a specific warrant for each person monitored, if at least one end of the conversation is outside of the U.S. It is also allowed to record the communications of Americans if they are outside the U.S. and the NSA first gets a warrant for each case. It’s not known exactly how many people the NSA is currently targeting.

How the NSA actually gets the data depends on the type of information requested. If the analyst wants someone's private emails or social media posts, the NSA must request that specific data from companies such as Google and Facebook. For information that is already flowing through Internet cables that the NSA is monitoring, or the audio of phone calls, a targeting request instructs automatic systems to watch for the communications of a specific person and save them.

It’s important to note that the NSA probably has information about you even if you aren’t on this target list. If you have previously communicated with someone who has been targeted, then the NSA already has the content of any emails, instant messages, phone calls, etc. you exchanged with the targeted person. Also, your data is likely in bulk records such as phone metadata and internet traffic recordings. This is what makes these programs “mass surveillance,” as opposed to traditional wiretaps, which are authorized by individual, specific court orders.

 

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What does phone call metadata information reveal, if it doesn’t include the content of the calls?

Even without the content of all your conversations and text messages, so-called “metadata” can reveal a tremendous amount about you. If they have your metadata, the NSA would have a record of your entire address book, or at least every person you’ve called in the last several years. They can guess who you are close to by how often you call someone, and when. By correlating the information from multiple people, they can do sophisticated “network analysis” of communities of many different kinds, personal or professional -- or criminal.

Phone company call records reveal where you were at the time that a call was made, because they include the identifier of the radio tower that transmitted the call to you. The government has denied that it collects this information, but former NSA employee Thomas Drake said they do. For a sense of just how powerful location data can be, see thisvisualization following a German politician everywhere he goes for months, based on his cellphone’s location information.

The type of data can be used to discover the structure of groups planning terrorism. But metadata is a sensitive topic because there is great potential for abuse. While no one has claimed the NSA is doing this, it would be possible to use metadata to algorithmically identify, with some accuracy, members of other types of groups like the Tea Party or Occupy Wall Street, gun owners, undocumented immigrants, etc. An expert in network analysis could start with all of the calls made from the time and place of a protest, and trace the networks of associations out from there.

Phone metadata is also not “anonymous” in any real sense. The NSA already maintains adatabase of the phone numbers of all Americans for use in determining whether someone is a “U.S. person” (see below), and there are several commercial number-to-name services in any case. Phone records become even more powerful when they are correlated with other types of data, such as social media posts, local police records andcredit card purchase information, a process known as intelligence fusion.

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Does the NSA need an individualized warrant to listen to my calls or look at my emails?

It’s complicated, but not in all cases. Leaked court orders set out the "minimization" procedures that govern what the NSA can do with the domestic information it has intercepted. The NSA is allowed to store this domestic information because of the technical difficulties in separating foreign from domestic communications when large amounts of data are being captured.

These documents show that individual intelligence analysts make the decision to look at previously collected bulk information. The analyst must document why they believe the information belongs to someone who is not a “U.S. person” (roughly, a U.S. citizen or permanent resident) but they do not need to ask anyone’s permission before looking at intercepted information or asking for additional information to be collected. If the analyst later discovers that they are looking at the communications of a U.S. person, they mustdestroy the data.

However, if the intercepted information is “reasonably believed to contain evidence of a crime” then the NSA is allowed to turn it over to federal law enforcement. Unless there are other (still secret) restrictions on how the NSA can use this data this means the police might end up with your private communications without ever having to get approval from a judge, effectively circumventing the whole notion of probable cause.

This is significant because it is not always possible to determine whether someone is a U.S. person before looking at their data. For example, it’s not usually possible to tell just from someone’s email address, which is why the NSA maintains a database of known U.S. email addresses and phone numbers. If the NSA does not have “specific information” about someone, that person is “presumed to be a non-United States person.”

Also, the NSA is allowed to provide any of its recorded information to the FBI, if the FBI specifically asks for it.

 

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Is all of this legal?

Yes, assuming the NSA adheres to the restrictions set out in recently leaked court orders. By definition, the Foreign Intelligence Surveillance Court decides what it is legal for the NSA to do.

But this level of domestic surveillance wasn’t always legal, and the NSA has been found to violate legal standards on more than one occasion. Although the NSA’s broad data collection programs appear to have started shortly after September 11, 2001, the NSA was gradually granted authority to collect domestic information on this scale through a series of legislative changes and court decisions over the next decade. See this timeline of loosening laws. The Director of National Intelligence says that authority for PRISM programs comes from section 702 of the Foreign Intelligence Surveillance Act and the Verizon metadata collection order cites section 215 of the Patriot Act. The author of the Patriot Act disagrees that the act justifies the Verizon metadata collection program.

In March 2004, acting Attorney General James Comey ordered a stop to some parts of the secret domestic surveillance programs, but President Bush signed an order re-authorizing it anyway. In response, several top Justice Department officials threatened to resign, including Comey and FBI director Robert Mueller. Bush backed down, and the programs were at least partially suspended for several months.

In 2009, the Justice Department acknowledged that the NSA had collected emails and phone calls of Americans in a way that exceeded legal limitations.

In October 2011, the Foreign Intelligence Surveillance Court ruled that the NSA violated the Fourth Amendment at least once. The Justice Department has said that this ruling must remain secret, but we know it concerned some aspect of the "minimization" rules the govern what the NSA can do with domestic communications. The Foreign Intelligence Surveillance Court recently decided that this ruling can be released, but Justice Department has not yet done so.

Civil liberties groups including the EFF and the ACLU dispute the constitutionality of these programs and have filed lawsuits to challenge them.

 

 

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How long can the NSA keep information on Americans?

The NSA can generally keep intercepted domestic communications for up to five years. It can keep them indefinitely under certain circumstances, such as when the communication contains evidence of a crime or when it’s “foreign intelligence information,” a broad legal term that includes anything relevant to “the conduct of the foreign affairs of the United States.” It can also keep encrypted communications indefinitely.

Does the NSA do anything to protect Americans’ privacy?

Yes. First, the NSA is only allowed to intercept communications if at least one end of the conversation is outside of the U.S. -- though it doesn't have to distinguish domestic from foreign communication until the "earliest practicable point" which allows the NSA to record bulk information from internet cables and sort it out later. When the NSA discovers that previously intercepted information belongs to an American, it must usually destroy that information. Because this determination cannot always be made by computer, this sometimes happens only after a human analyst has already looked at it.

The NSA also must apply certain safeguards. For example, the NSA must withhold the names of U.S. persons who are not relevant to ongoing investigations when they distribute information -- unless that person’s communications contain evidence of a crime or are relevant to a range of national security and foreign intelligence concerns.

Also, analysts must document why they believe someone is outside of the U.S. when they ask for addition information to be collected on that person. An unknown number of these cases are audited internally. If the NSA makes a mistake and discovers that it has targeted someone inside the U.S., it has five days to submit a report to the Department of Justice and other authorities.

What if I’m not an American?

All bets are off. There do not appear to be any legal restrictions on what the NSA can do with the communications of non-U.S. persons. Since a substantial fraction of the world’s Internet data passes through the United States, or its allies, the U.S. has the ability to observe and record the communications of much of the world’s population. The European Union has already complained to the U.S. Attorney General.

The U.S. is hardly the only country doing mass surveillance, though its program is very large. GCHQ, which is the British counterpart to the NSA, has a similar surveillance program and shares data with the NSA. Many countries now have some sort of mass internet surveillance now in place. Although passive surveillance is often hard to detect, more aggressive governments use intercepted information to intimidate or control their citizens, including Syria, Iran, Egypt, Bahrain and China. Much of the required equipment is sold to these governments by American companies.

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Barnes & Noble Gives Up on Making Tablets

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By Amy Dusto, Associate Editor, Internet Retailer

Bleeding cash from its digital content unit, Barnes & Noble Inc. said today that it will stop making its own color tablets, the Nook HD and the Nook HD+, that compete with Apple Inc.’s iPad and Android devices using software from Google Inc. It will continue to sell the tablets, but they will be co-branded with outside manufacturing companies that Barnes & Noble will work with to build them, CEO William Lynch says. The retail chain will continue to make and sell its black-and-white Nook electronic book reader.

The strategic shift came as Barnes & Noble Inc. reported sharp revenue decreases in its most recent financial quarter and fiscal year, due in part to falling sales in its Nook segment, which includes the bookseller’s digital content, physical tablets and their accessories.

 

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Barnes & Noble is No. 27 in the Internet Retailer Top 500 Guide.

For fiscal 2013, which ended April 27, revenue decreased 4.1%, to $6.84 billion from $7.13 billion in fiscal 2012, the retailer says. Nook sales in fiscal 2013 were down 16.8%, to $776 million from $933 million last year. That $157 million decline in the Nook unit accounted for 54% of the company’s revenue decline.

Revenue in the fourth quarter fell 7.2%, to $1.28 billion from $1.38 billion in the same period last year, the retailer says. The Nook segment in Q4 booked a 34.1% decrease in sales, to $108 million from $164 million in Q4 2012, representing about 56% of the retail chain’s overall revenue decline.

To address those mounting losses, Barnes & Noble is changing its tablets strategy, Lynch told investment analysts in a call this morning. Barnes & Noble is in discussions about manufacturing deals now, he said, declining to provide further details.

In addition to being a large capital expense, chief financial officer Michael Huseby said competition has heated up in recent years among suppliers of sub-8-inch tablets—the size of all Barnes & Noble tablets. But the company knows it can sell a lot of them, he said. The manufacturing changes do not apply to the retailer’s black-and- white e-reader devices, which Huseby said are not tablets; those devices  account for the majority of Barnes & Noble’s digital content sales, he said.

 

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“We are taking big steps to reduce the losses in the Nook segment, as we move to a partner-centric model in tablets and reduce overhead costs,” Lynch says. “We plan to continue to innovate in the single-purpose black-and-white e-reader category, and the underpinning of our strategy remains the same today as it has since we first entered the digital market, which is to offer customers any digital book, magazine or newspaper, on any device.”

In October, Microsoft Corp. invested $300 million in Nook digital content, which led to the formation of a new Barnes & Noble subsidiary, Nook Media LLC. Since then, the subsidiary has been financing itself, Barnes & Noble says. In January, educational products company Pearson invested approximately $89.5 million in exchange for about 5% equity ownership of the Nook subsidiary, the retailer says; Barnes & Noble now owns about 78.2% of Nook Media LLC and Microsoft owns about 16.8%, it says. The subsidiary encompasses device sales, content sales, third-party device sales and the retailer’s college segment, a spokeswoman says. Barnes & Noble does not break out Nook Media LLC as a separate division in its earnings reports, she says.

 

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Barnes & Noble also reports today that:

  • Retail sales, which include sales made on BarnesandNoble.com, were down 9.7% in Q4 2013, to $948 million from $1.05 billion in Q4 2012.
  • For the fiscal year 2013, retail sales were down 5.7%, to $4.57 billion from $4.85 billion in fiscal 2012.
  • College bookstore sales were up 10.5% in Q4, to $252 million from $228 million in Q4 2012.
  • For the fiscal year 2013, college sales were up 1.1%, to $1.76 billion from $1.74 billion.  and a 10.7% revenue increase in Q4.

Lynch told investors this morning that the retail division and the college division, which includes retail stores on college campuses, will help boost revenue as the company cuts its losses in the Nook unit.

This year the retailer will close five retail stores and open 15 to20 new ones, Huseby said. In February, Barnes & Noble founder and chairman Leonard Riggio announced plans to make an offer to buy the retail business, excluding Nook Media LLC.

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New HTML5 Mobile App Development Certificate Begins in July at Ramapo College May Information Sessions Scheduled

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(MAHWAH, NJ) – The Ramapo College Board of Trustees recently approved a new online HTML5 Mobile App Development Certificate program that will launch on July 1, 2013. With the rapid upsurge in the number and types of mobile devices, the development of easy-to-use apps that can be supported on varying devices and platforms has become a task of increasing importance.

The two-month online certificate program teaches the essential components of modern HTML5 Mobile App Development. The program provides learners with the necessary technical knowledge for successful planning, design, development, and support of apps and mobile Web sites in personal, commercial, and organizational environments. The developed mobile Web applications may be accessed via a wide variety of devices such as cell phones, tablets, and computers of all kinds and formats.

The online program focuses on mobile-first and responsive design approaches in the use of HTML5 technologies, covering the latest CSS methods, JavaScript support, local data use, new HTML5 media handling, and more. And, students completing the certificate will be able to apply their newly-learned skills to virtually all current mobile operating systems including Android, iOS, Blackberry, Windows 8, and others. In fact, Mashable has declared 2013 as the Year of Responsive Design. And, mobile app developer was named “Best Computer Job for the Future” byITCareerFinder.com, noting a projected 32% ten-year job growth or 292,000 new jobs through 2020.

Information sessions are scheduled on Wednesday, May 22 at 1 p.m. and 6 p.m. in the Academic Complex, Room B-224. Please sign up atwww.ramapo.edu/cipl/certificates/mobile-app or contact the Ramapo College Center for Innovative and Professional Learning at  This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 201.684.7370.

The Ramapo College of New Jersey Center for Innovative and Professional Learning (CIPL) supports postgraduate professional education, workforce development, and alternative learning. The Center also engages in internal and external educational partnerships to advance the College, and provides innovative continuous learning opportunities for community members of all ages.

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St. Thomas Aquinas College Students Explore Virgin Media

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(May 7, 2013-Sparkill, NY) Five St. Thomas Aquinas College students took part in a one week intensive case study experience at the Virgin Media office in London, England.  Dr. John Durney, Provost and Vice President for Academic Affairs, was the faculty mentor for the 2013 trip.

This specially designed case-study course provided the students the opportunity to study the operations and corporate challenges of Virgin Media, the largest broadband provider in the UK, and a substantial international communications company.  During the first part of the semester, the students met with the Chairman of the company and St. Thomas Aquinas College Board of Trustees member,

Mr. James Mooney.  They examined strategies, customer social media "buzz," UK competitors, and technology developments before traveling to London where they had the opportunity to meet and interact with the executive leadership of the company.  The students reviewed each operational area, questioned the executives, and offered thoughts about how products and services might be expanded or improved.

When the students returned to the states, they prepared a formal presentation based on their examination of the company, their interaction with executives, and their assessment of products and services.

“This experience has been a real enlightening one for the students and their time in London contributed a great additional perspective to the case-study” said Dr. John Durney, Provost and Vice President for Academic Affairs.  “All in all, this has been an invaluable course for the student ‘team’, and they were exceptional representatives of St. Thomas Aquinas College during the study-trip to London”.

Through the generosity of Mr. Mooney, many of the costs of the study-trip were underwritten.  The students enjoyed the benefit of a virtual exposure to the company's leadership, and had the very special opportunity to gain first-hand insights about Virgin Media's operation and strategic planning.  As it turns out, the company was just acquired by another international telecommunications firm, Liberty Global Media (Denver, CO), and the students were able to query the Virgin leadership about the implications of such a "merger" in each of the operational areas.

These students and their graduation year were: Paul Cirner '13 (Pearl River, NY),

Liz Kaminsky '14 (Oakhurst, NJ),  Lauren Krakaur '13 (Pomona, NY), Penelope Montano '13 (Bronx, NY), andCeleana Triantis '14 (Warwick, NY).

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5 Interesting Ways Schools Use iPads

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by Katie Lepi-Edudemic

There are iPads flooding into just about every classroom and school these days. Or so it seems. Judging by the amount of interest from educators, students, and administrators, it’s easy to see that the iPad is a becoming a topic of discussion (at the very least) for many of us. So what are some of the more interesting ways schools use iPads and how are schools currently implementing them?

Below are just a handful of examples but there are boatloads more. In fact, we at Edudemic would love to hear from YOU! How are you implementing iPads? In a 1:1 environment? A BYOD classroom? Weigh in down in the comments so the rest of the readers can learn from you. After all, isn’t that what this is all about?

To Encourage History Discussions

Bringing the past to life is a great reason to integrate technology into any classroom or lesson. Wabash College’s 19th Century European History class has begun using iPads in order to allow students to take notes, do reading, check out their course syllabus, and more. The school has stated that the overall response to the iPads has been positive and that the various apps have let students have a more immersive experience. For example, they are able to take a virtual tour of Napoleon’s castle. Neat!

To Bring Teachers To Rural Areas

There’s a rural area of Sweden (Vindeln) that has seen iPads become a critical tool in filling teacher vacancies or simply bringing instruction to many areas not normally reachable by standard education systems. In other words, students in rural areas can have access to high quality teachers without either party having to travel very far.

To Streamline Med School

You may start seeing your doctor carrying around an iPad. In fact, I’d be surprised if they’re not already. That’s because iPads are becoming the standard piece of must-have tech for med students. The Perlman School of Medicine at the University of Pennsylvania has already implemented a program to give every new student an iPad and, get this, a white coat with a pocket that is large enough to fit an iPad. Brilliant.

Read the entire article on Edudemic

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