NSA IN FOCUS ~ STATEWATCH

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Statewatch News Online,  26 July 2013 (11/13)
Home page: http://www.statewatch.org/
EU-USA: Data surveillance

In This Issue

1.  EP Inquiry: Letter from Martin Schulz, MEP, President of the European Parliament to the Council Presidency
2.  GERMANY-USA: DATA SURVEILLANCE: 'Key Partners': The Secret Link Between Germany and the NSA
3.  Extract from the Minutes of the 4 July 2013 meeting of COREPER II: EU-US High Level expert group on security and data protection
4.  Facebook, Skype challenged in EU over spy affair
5.  UK-USA: DATA SURVEILLANCE: Statement from the Intelligence and Security Committee clears GCHQ on use of PRISM
6.  The PRISM scandal gets bigger
7.  The Power of Britain's Data Vacuum
8.   IRELAND: High Court Refuses Provisional Arrest Warrant for Edward Snowden: What Next?
9.   USA: In 'Chilling' Ruling, Chevron Granted Access to Activists' Private Internet Data
10. Merkel calls for EU data protection law after US spy affair
11. Guardian report: Revealed: how Microsoft handed the NSA access to encrypted messages
12. European Parliament: Civil Liberties Committee MEPs agree on surveillance inquiry's next steps
13. Congressional Research Service report: NSA Surveillance Leaks: Background and Issues for Congress
14. Federal Judge Allows Electronic Frontier Foundation's NSA Mass Spying Case to Proceed
15. US attempts to block Edward Snowden are 'bolstering' case for asylum
16. NSA leaks: UK blocks crucial espionage talks between US and Europe
17. Venezuela and Nicaragua make Snowden asylum offers
18. MEPs slam US snooping, amid revelations France does the same
19. European Parliament: Parliament to launch in-depth inquiry into US surveillance programmes
20. FRANCE: DATA-SURVEILLANCE: Révélations sur le Big Brother français
21. EU-US counter-terrorism pacts at risk over snooping affair
22. EU-USA: DATA SURVEILLANCE: European NGO statement: European Center for Constitutional and Human Rights, the Transnational Institute
23. Bolivian President: "“kidnapped by imperialism” in Europe"
24. A blast from the past: ECHELON report and follow up: 1999
25. Barroso orders security sweep after allegations of US spying
26. EU data bill is likely target of NSA snoops
27. The Washington Post publishes new documents on PRISM: NSA slides explain the PRISM data-collection program
28.  New NSA leaks show how US is bugging its European allies
29.  EU-US relations at risk after new bugging scandal
30. Consortium News.org: How to Thwart Internet Spying
31. Attacks from America: NSA Spied on European Union Offices
32. For those that missed here are three three original leaks by Snowden
32. UK: SPYING ON THE EU: Germany blasts Britain over GCHQ's secret cable trawl

See links to reports below



1.  EU-USA: DATA SURVEILLANCE: EP Inquiry: Letter from Martin Schulz, MEP, President of the European Parliament to the Council Presidency: Asking how the European Parliament is going to be informed on the meetings taking place between the EU and the USA:
http://www.statewatch.org/news/2013/jul/ep-letter-to-council-presidency-prism-et-al-inquiry.pdf

2. GERMANY-USA: DATA SURVEILLANCE: 'Key Partners': The Secret Link Between Germany and the NSA (Spiegel Online, link): "Chancellor Angela Merkel has repeatedly said she knew nothing about American surveillance activities in Germany. But documents seen by SPIEGEL show that German intelligence cooperates closely with the NSA and even uses spy software provided by the US":
http://www.spiegel.de/international/world/german-intelligence-worked-closely-with-nsa-on-data-surveillance-a-912355.html

3.  EU-USA: DATA SURVEILLANCE: Extract from the Minutes of the 4 July 2013 meeting of COREPER II: EU-US High Level expert group on security and data protection: COREPER is the Council of the European Union's Committee of permanent Brussels-based representatives of the 28 EU Member States:
http://www.statewatch.org/news/2013/jul/eu-council-coreper-II-eu-usa-data-inquiry-extract.pdf

4.  EU-USA: DATA SURVEILLANCE: Facebook, Skype challenged in EU over spy affair (euobserver, link): " A group of Austrians, led by law student Max Schrems, has challenged the EU-based subsidiaries of Apple, Facebook, Microsoft, Skype and Yahoo on data privacy following revelations that they allowed US intelligence services to search to Europeans' data.": http://euobserver.com/justice/120894

5. UK-USA: DATA SURVEILLANCE: Statement from the Intelligence and Security Committee clears GCHQ on use of PRISM: Statement on GCHQ’s Alleged Interception of Communications under the US PRISM Programme:
http://www.statewatch.org/news/2013/jul/uk-isc-gchq-surveillance-statement.pdf

"It has been alleged that GCHQ circumvented UK law by using the NSA’s PRISM programme to access the content of private communications. From the evidence we have seen, we have concluded that this is unfounded." and: Inquiry into snooping laws as committee clears GCHQ: Intelligence and security committee also confirms GCHQ's use of NSA Prism surveillance material for first time (Guardian, link):
http://www.guardian.co.uk/world/2013/jul/17/prism-nsa-gchq-review-framework-surveillance/print

See also: Intelligence and Security Committee of Parliament: Annual Report 2012–2013: As usual this is peppered with *** (censored sections). The report does draw attention to a little publicised fact that: "The Security Service continues to work closely with the police, and has a network of regional stations ***." In 2011 MI5 set up eight new regional stations - around a quarter of MI5's 4,000+ officers are based in the regions:
http://www.statewatch.org/news/2013/jul/uk-isc-annual-report-2012-13.pdf

6. EU-USA: DATA SURVEILLANCE: The PRISM scandal gets bigger (EDRI, link)
http://www.edri.org/edrigram/number11.14/prism-scandal-again

7. EU-USA: DATA SURVEILLANCE: The Power of Britain's Data Vacuum (Spiegel Online, link)
http://www.spiegel.de/international/world/snowden-reveals-how-gchq-in-britain-soaks-up-mass-internet-data-a-909852-druck.html

8.  EU-USA: DATA SURVEILLANCE: IRELAND: High Court Refuses Provisional Arrest Warrant for Edward Snowden: What Next? (Human Rights in Ireland, link): The USA’s application for provisional arrest to Ireland is dated 5 July - three days after Morales' jet forced to land:
http://humanrights.ie/civil-liberties/high-court-refuses-provisional-arrest-warrant-for-edward-snowden-what-next/?fb_source=pubv1

9. USA: In 'Chilling' Ruling, Chevron Granted Access to Activists' Private Internet Data: "Sweeping" subpoena violates rights of those who spoke out against oil giant's devastating actions in Ecuador (link): http://www.commondreams.org/headline/2013/07/11-3

10. EU-USA: DATA SURVEILLANCE: Merkel calls for EU data protection law after US spy affair (euobserver, link):
http://euobserver.com/foreign/120857

and Prism case prompts Merkel to seek tougher EU data protection laws (euractiv, link)
http://www.euractiv.com/print/infosociety/prism-case-prompts-merkel-seek-t-news-529288

and see: Privacy campaigners demand review of snooping laws - Groups write to select committee raising concerns about the way ministers and intelligence agencies have interpreted law (Guardian, link): http://www.guardian.co.uk/uk-news/2013/jul/14/pricacy-campaigners-review-snooping-laws

11. EU-USA: DATA SURVEILLANCE: Guardian report: Revealed: how Microsoft handed the NSA access to encrypted messages (link):
http://www.guardian.co.uk/world/2013/jul/11/microsoft-nsa-collaboration-user-data

12. EU-USA: DATA SURVEILLANCE: European Parliament: Civil Liberties Committee MEPs agree on surveillance inquiry's next steps (link)
http://www.europarl.europa.eu/news/en/pressroom/content/20130708IPR16833/html/Civil-Liberties-Committee-MEPs-agree-on-surveillance-inquiry%27s-next-steps

The European Parliament inquiry into alleged spying by the US and EU countries will hold hearings with their authorities, legal and IT experts, NGOs, data protection authorities, national parliaments following this issue and private firms involved in data transfers, the Civil Liberties Committee decided on Wednesday. The first hearing takes place on 5 September.

13.  EU-USA: DATA SURVEILLANCE: Congressional Research Service report: NSA Surveillance Leaks: Background and Issues for Congress (2.7.13:
http://www.statewatch.org/news/2013/jul/us-crs-nsa-surveillance-background-issues-july-2013.pdf

Recent attention concerning National Security Agency (NSA) surveillance pertains to unauthorized disclosures of two different intelligence collection programs. Since these programs were publicly disclosed over the course of two days in June, there has been confusion about what information is being collected and what authorities the NSA is acting under. This report clarifies the differences between the two programs and identifies potential issues that may help Members of Congress assess legislative proposals pertaining to NSA surveillance authorities.

14. EU-USA: DATA SURVEILLANCE: Federal Judge Allows Electronic Frontier Foundation's NSA Mass Spying Case to Proceed (link)
https://www.eff.org/press/releases/federal-judge-allows-effs-nsa-mass-spying-case-proceed

And:  Why “we only spy on foreigners” doesn’t work any more for the NSA (Washington Post, link)
http://www.washingtonpost.com/blogs/wonkblog/wp/2013/07/07/european-outrage-about-the-nsa-could-force-us-to-rethink-our-surveillance-laws/

15. EU-USA: DATA SURVEILLANCE: US attempts to block Edward Snowden are 'bolstering' case for asylum - As Venezuela and Nicaragua offer help to whistleblower, experts say US actions are strengthening his case for safe haven (The Observer, link)
http://www.guardian.co.uk/world/2013/jul/07/us-attempts-block-snowden-bolster-case-asylum/print

And see: The NSA/GCHQ metadata reassurances are breathtakingly cynical - The public is being told that the NSA and GCHQ have 'only' been collecting metadata, not content. That's nothing to be thankful for (The Observer, link)
http://www.guardian.co.uk/technology/2013/jul/07/nsa-gchq-metadata-reassurances/print

Me and my metadata - thoughts on online surveillance (link):
http://www.ethanzuckerman.com/blog/2013/07/03/me-and-my-metadata-thoughts-on-online-surveillance/

and Betrayed by our own data: Mobile phones are tracking devices that reveal much about our lives. One look at our interactive map of data provided by the Green party politician Malte Spitz shows why (link): http://www.zeit.de/digital/datenschutz/2011-03/data-protection-malte-spitz

16.  EU-USA: DATA SURVEILLANCE: NSA leaks: UK blocks crucial espionage talks between US and Europe - First talks to soothe transatlantic tensions to be restricted to data privacy and Prism programme after Britain and Sweden's veto (Guardian, link):
http://www.guardian.co.uk/world/2013/jul/05/us-blocks-espionage-talks-europe-nsa-prism/print

"While Grybauskaite [Lithuanian Council Presidency] said on Thursday that the Europeans wanted to hold two separate sets of talks with the U.S., just a day later she said one was dropped, along with European Commission President Jose Manuel Barroso. “Intelligence matters and those of national security are not the competence of the EU,” Barroso said." (Activist Post, link): http://www.activistpost.com/2013/07/britain-and-sweden-block-critical-talks.html

Tony Bunyan, Statewatch Director, observes: "Instead of creating two EU-USA working groups as promised, the UK and Sweden veto means there will only be one working group on PRISM and data protection. The working group that has been vetoed would have covered intelligence and espionage collection and usage - the role of the USA's NSA and UK's GCHQ gathering all forms of communications not just between EU governments but also those of individuals and groups "of interest to the state" in Europe and the rest of the world.."

17. EU-USA: DATA SURVEILLANCE: Venezuela and Nicaragua make Snowden asylum offers (BBC News, link)
http://www.bbc.co.uk/news/world-europe-23201774

18. EU-USA: DATA SURVEILLANCE: MEPs slam US snooping, amid revelations France does the same (euobserver, link):
http://euobserver.com/justice/120763

- France 'runs vast electronic spying operation using NSA-style methods': Intelligence agency has spied on French public's phone calls, emails and internet activity, says Le Monde newspaper (Guardian, link): http://www.guardian.co.uk/world/2013/jul/04/france-electronic-spying-operation-nsa/print

- Kroes: Spy scandal could harm US Cloud firms (euobserver, link): http://euobserver.com/justice/120767

- US and Germany to hold talks over European NSA surveillance concerns: Obama tells Merkel US 'takes seriously the concerns' but French interior minister admonishes US ambassador at 4 July party (Guardian, link):
http://www.guardian.co.uk/world/2013/jul/04/usa-germany-obama-merkel-talks-nsa/print

- Latin American leaders slam US, EU on Morales flight (euobserver, link):
http://euobserver.com/foreign/120775

- John Pilger: Forcing down Evo Morales's plane was an act of air piracy: Denying the Bolivian president air space was a metaphor for the gangsterism that now rules the world (Guardian, link): http://www.guardian.co.uk/commentisfree/2013/jul/04/forcing-down-morales-plane-air-piracy/print

- In English : Revelations on the French Big Brother (Société, link)
http://www.lemonde.fr/societe/article/2013/07/04/revelations-on-the-french-big-brother_3442665_3224.html

19. EU-USA: DATA SURVEILLANCE: European Parliament: Parliament to launch in-depth inquiry into US surveillance programmes:
http://www.statewatch.org/news/2013/jul/ep-inquiry-prel.pdf

The resolution, approved by 483 votes to 98 with 65 abstentions. The Resolution:
http://www.statewatch.org/news/2013/jul/ep-inquiry-resolution0usa-nsa-4-7-13.pdf

And see: TAFTA: Illegitimate EU-US Agreement Will Begin Under Total US Surveillance (La Quadrature du net, link):
https://www.laquadrature.net/en/tafta-illegitimate-eu-us-agreement-will-begin-under-total-us-surveillance

20. FRANCE: DATA-SURVEILLANCE: Révélations sur le Big Brother français (Le Monde, link)
http://www.lemonde.fr/societe/article/2013/07/04/revelations-sur-le-big-brother-francais_3441973_3224.html

21. EU-USA: DATA SURVEILLANCE: EU-US counter-terrorism pacts at risk over snooping affair (euobserver, link):
http://euobserver.com/justice/120779

and Snowden Claims: NSA Ties Put German Intelligence in Tight Spot (Spiegel Online, link)
http://www.spiegel.de/international/world/whistleblower-snowden-claims-german-intelligence-in-bed-with-nsa-a-909904.html

22. EU-USA: DATA SURVEILLANCE: European NGO statement: European Center for Constitutional and Human Rights, the Transnational Institute and the European Association of Lawyers for Democracy & World Human Rights: Grounding of Bolivian presidential jet in attempt to render whistleblower shames European Union: http://www.statewatch.org/news/2013/jul/european-ngo-statement-on-eu-flight-interception.pdf

"The refusal of entry into their airspace by European states for the Bolivian presidential jet on the basis of suspicions that Edward Snowden was on board was an astonishing manoeuvre that flies in the face of the EU’s commitment to democracy, human rights and international law. The potential damage that this action does to both the reputation of the European Union and respect for international law within and beyond its borders cannot be understated. The forcing down and searching the Bolivian President’s jet was a clear breach of fundamental principles of diplomatic immunity and inviolability. Such principles are the bedrock of good international relations and customary international law."

23. EU-USA: DATA SURVEILLANCE: Bolivian President: "“kidnapped by imperialism” in Europe"

"According to media reports, France, Spain, Italy and Portugal .. denied his plane the right to fly over their airspace." : EU states ground Bolivian leader's plane in Snowden affair (euobserver, link): http://euobserver.com/justice/120734

"Saavedrd said he considered the whole fiasco as a hostile act perpetrated by the United States which uses EU governments as proxies." [Bolivian Defence Minister] and "Bolivia's vice president, Alvaro Garcia, went further. He said Morales had been “kidnapped by imperialism” in Europe."

- Bolivians bitter as Snowden stand-off triggers 'hostile act' (CQ News, link): "Just days after the US President’s claim that he would not ‘‘be scrambling jets to get a 29-year-old hacker’’, the Obama administration was accused of doing precisely that."
http://www.brisbanetimes.com.au/world/bolivians-bitter-as-snowden-standoff-triggers-hostile-act-20130703-2paih.html

24. EU-USA: DATA SURVEILLANCE: A blast from the past: ECHELON report and follow up: 1999 :
http://www.statewatch.org/news/2013/jul/KAT1.pdf

25. EU:-USA: DATA SURVEILLANCE: Barroso orders security sweep after allegations of US spying (European Voice, link):
http://www.europeanvoice.com/article/2013/july/barroso-orders-security-sweep-after-allegations-of-us-spying/77721.aspx?bPrint=1

26. EU data bill is likely target of NSA snoops (euobserver, link):
http://euobserver.com/justice/120700

also Statement by the spokespersons of the President of the European Council Herman Van Rompuy on the press reports of US surveillance of EU premises (link): http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/137682.pdf

27. EU-USA: DATA SURVEILLANCE: The Washington Post publishes new documents on PRISM: NSA slides explain the PRISM data-collection program (link) http://www.washingtonpost.com/wp-srv/special/politics/prism-collection-documents/

And see: U.S., British intelligence mining data from nine U.S. Internet companies in broad secret program (Washington Post, link):
http://www.washingtonpost.com/investigations/us-intelligence-mining-data-from-nine-us-internet-companies-in-broad-secret-program/2013/06/06/3a0c0da8-cebf-11e2-8845-d970ccb04497_print.html

28.  EU-USA: DATA SURVEILLANCE: New NSA leaks show how US is bugging its European allies - Exclusive: Edward Snowden papers reveal 38 targets including EU, France and Italy (Guardian, link): http://www.guardian.co.uk/world/2013/jun/30/nsa-leaks-us-bugging-european-allies/print

See also: Press release: Statement by EU High Representative Catherine Ashton on the alleged surveillance of EU premises:
http://www.statewatch.org/news/2013/jun/eu-eeas-usa-spying-statement.pdf

29. EU-US relations at risk after new bugging scandal (euobserver, link)
http://euobserver.com/foreign/120689

and EU calls for US wiretapping to ‘stop immediately’ (euractiv, link):
http://www.euractiv.com/print/global-europe/eu-calls-us-wiretapping-immediat-news-528984

This is not the first time this has happened, do you remember this from 2003: Telephone lines in EU Council building tapped (euobserver, link)
http://euobserver.com/news/10616

30. Consortium News.org: How to Thwart Internet Spying (link)
http://consortiumnews.com/2013/06/19/how-to-thwart-internet-spying/

31. EU-USA: DATA SURVEILLANCE: Attacks from America: NSA Spied on European Union Offices (Der Spiegel, link): http://www.spiegel.de/international/europe/nsa-spied-on-european-union-offices-a-908590.html

Documents obtained by the German magazine Der Spiegel from whistleblower Edward Snowden show that the USA's NSA has been spying on the diplomatic missions of the EU at the UN in New York and and its offices in Washington. This involved placing bugs in their offices and intercepting its computer networks. The NSA was able to listen in to discussion as well as getting access to emails and documents.

The documents also show that just over five years ago the NSA conducted an electronic eavesdropping operation in the Council of the European Union's Justis Lipsius headquarters in Rue de la Loi.

32. EU-USA: DATA SURVEILLANCE: For those that missed here are three three original leaks by Snowden:

Top Secret: Exhibit A: http://www.statewatch.org/news/2013/jun/nsa-fisa-targeting.pdf
Secret: Exhibit B: http://www.statewatch.org/news/2013/jun/nsa-fisa-minimization.pdf
Secret: Certification Order: http://www.statewatch.org/news/2013/jun/nsa-fisa-certification.pdf
European Parliament: Schulz on alleged bugging of EU office by the US authorities (link):
http://www.europarl.europa.eu/the-president/en/press/press_release_speeches/press_release/2013/2013-june/html/schulz-on-alleged-bugging-of-eu-office-by-the-us-authorities

32. UK: SPYING ON THE EU: Germany blasts Britain over GCHQ's secret cable trawl: Minister questions legality of mass tapping of calls and internet and demands to know extent to which Germans were targeted (Guardian, link):
http://www.guardian.co.uk/uk/2013/jun/25/germany-uk-gchq-internet-surveillance/print