NSA-Unit 8200 memo of understanding
Glenn Greenwald drops another bombshell today, revealing that the NSA shares vast amounts of unfiltered data with Israeli intelligence. The data is raw, meaning the U.S. doesn’t review it to ensure no information from or about U.S. citizens, or even government officials, is included. That is, this report flies in the face of solemn statements from the president on down that the NSA not only doesn’t collect such data on citizens, but that it surely doesn’t share them with foreign intelligence services.
By now, everyone knows that Obama, Clapper, Alexander, et al. are lying through their teeth every time they make a statement about the Snowden documents. So they’re lied about this as well.
The level of intelligence sharing, as well as the blitheness with which we trust Israel to use the information judiciously, is shocking. Here are some of the undertakings included in the memo of understanding that governs the intelligence sharing:
US government handed over intercepted communications [to Israel] likely to contain phone calls and emails of American citizens. The agreement places no legally binding limits on the use of the data by the Israelis.
The disclosure that the NSA agreed to provide raw intelligence data to a foreign country contrasts with assurances from the Obama administration that there are rigorous safeguards to protect the privacy of US citizens caught in the dragnet. The intelligence community calls this process “minimization”, but the memorandum makes clear that the information shared with the Israelis would be in its pre-minimized state.
…[A] five-page memorandum, termed an agreement between the US and Israeli intelligence agencies “pertaining to the protection of US persons”, repeatedly stresses the constitutional rights of Americans to privacy and the need for Israeli intelligence staff to respect these rights.
But this is undermined by the disclosure that Israel is allowed to receive “raw Sigint” – signal intelligence.
…Although the memorandum is explicit in saying the material had to be handled in accordance with US law, and that the Israelis agreed not to deliberately target Americans identified in the data, these rules are not backed up by legal obligations.
Further astonishing news concerns the transmission to Israel of information about U.S. citizens, that is, information the NSA is not supposed to have or collect:
The memorandum of understanding, which the Guardian is publishing in full, allows Israel to retain “any files containing the identities of US persons” for up to a year.
Instead of directing the Israelis to destroy such files immediately since they violate NSA guidelines, the Israelis can take their own sweet time and do with them what they wish. And there isn’t even any punishment specified for the Israelis violating provisions of the memorandum, so they can essentially ignore these provisions.
Since much of the shared intelligence is unfiltered, it’s entirely possible the NSA is giving Israel communications between U.S. officials. Can you imagine what a gold mine this is? Israel, which is the third most active intelligence operation in the U.S., doesn’t have to work so hard with the NSA handing the data to it on a silver platter. I just love the gentleman’s agreement that requests that Israel return any official documents that are transmitted to it (of course they would!):
The Israelis were required to “destroy upon recognition” any communication “that is either to or from an official of the US government”. Such communications included those of “officials of the executive branch (including the White House, cabinet departments, and independent agencies), the US House of Representatives and Senate (member and staff) and the US federal court system (including, but not limited to, the supreme court)”.It is not clear whether any communications involving members of US Congress or the federal courts have been included in the raw data provided by the NSA, nor is it clear how or why the NSA would be in possession of such communications.
All the Israelis have to say is that while they may’ve had such documents they didn’t recognize them as such. They’re home-free under these lax guidelines.
Another beaut in the memorandum is that Israel is directed to restrict access to a limited number of its government officials on a “need to know” basis. I understand something the NSA apparently doesn’t: that as far as such information gleaned from foreign sources there’s no such thing as the artificial bifurcations elaborated on here. Israel will share the information in whatever way it deems useful and give no consideration for any agreement it signed with the U.S. government. We were fools to entrust this material to Israel under the terms specified.
Greenwald says specifically that Israel is not a member of FIVE EYES, the inner circle of English-speaking nations who share intelligence on an unrestricted basis. But the sheer volume of data spoken of here indicates that my Israeli source, who claims Israel has become an “unofficial, undeclared” member, may not be far off the mark. I should note that a number of journalists and analysts who specialize in U.S. intelligence matters have expressed doubt about the accuracy of my source’s claim regarding FIVE EYES. If revelations like this continue, they may want to reassess their judgment.
UPDATE: In fact, Yossi Melman, former Haaretz intelligence correspondent, himself wrote about this story in the Hebrew edition of the Jerusalem post saying:
For all intents and purposes, the U.S. has added Israel to a special alliance which till now has included Britain, Canada, New Zealand and Australia. The roots of this alliance, also known as FIVE EYES, are historical going back to World War II.
Either Melman is using the same source as I have or he reads my blog. If this claim is wrong and Israel isn’t a member of FIVE EYES, then someone in Israeli intelligence is going to an awful lot of trouble to make us believe it is. Of course, it’s possible Israeli intelligence wants to aggrandize itself and people to believe Israel to FIVE EYES to make itself look bigger, better and more respected than it is. Or it’s possible that the U.S. has given Israel the intelligence version of an American Express gold card, the keys to the intelligence kingdom. If so, doesn’t this give you even further pause about the soundness of the judgment of America’s intelligence mandarins?
The Intelligence/Legal Disconnect
I spoke with John Pike of Global Security Project today and it occurred to me that the U.S. faces a huge disconnect between its legal system and operational intelligence. Our judicial system was meant to accommodate a more constrained intelligence apparatus of the past. In the past, the NSA confined itself to overseas intelligence and FBI handled domestic intelligence. Theoretically, there were penalties for violations of the rules. Theoretically, both agencies attempted to adhere to them. Those were the days.
Nowadays, intelligence has superseded the old divisions. The information dragnet is like massive ocean trawling nets that vacuum up every sea creature in its wake. There are no longer separations between foreign and domestic.
The law is stuck in the intelligence Middle Ages. We’ve devised a judicial fig leaf called the FISA court, a top secret court that determines what’s permissible and not. But this is not protection from wrongdoing. This is not protection of constitutional rights. This is rather a means of pretending that the law is overseeing the intelligence system, while allowing it to do essentially whatever it wishes.
This disconnect between intelligence reality and the law is why everyone from the president on down must prevaricate every time he speaks about the NSA. Pres. Obama’s intelligence officials have even lied in Congressional testimony, which is a federal crime. Of course, no one really believes Congress will haul them before a legal tribunal for perjury. There is a gentlemen’s agreement that the executive branch officials may lie because there’s simply nothing else they can do. Can they admit the NSA violates federal guidelines every minute of the day? Can they tell the American people there is no longer such a concept of privacy, let alone a right to privacy? Can they tell us that these are antiquated notions of the past?
What’s standing in the way is the fact that the American people like their privacy. It’s something that is in the American DNA. That makes the NSA a profoundly un-American institution. So the question becomes, who will win? Will the NSA get its way and trample on all-American values with the connivance of Congress. Or will Congress answer to the vox populi, do its job, and protect America from the excesses of the national security state run rampant? My money is on the inside game. These players and forces are too powerful for the American people. With the added connivance of judges and the Supreme Court, who are willing or unwilling collaborators, the spooks have the upper-hand.
That’s why whistle-blowers like Snowden and Manning are so critical. We know we can no longer expect truth from our leaders. Their job is to conceal the truth. To prevent us from knowing the forbidden secrets. But once in a while a courageous individual comes along who’s willing to tear the veil away and suffer the personal sacrifice that inevitably follows.
So I’d say to Barack Obama: I’m with you as long as you rein in the intelligence apparatus. I’m prepared to keep secrets and support the spooks as long as I know that what the NSA is doing is transparent and that it’s truly accountable to the political echelon. And I’m not talking about the charades that pass for civilian oversight now. I’m talking about an agency that draws back from the myriad excesses of the past ten years. That adheres to the rules. That punishes wrongdoers. If the rules are out of date, let’s update them. As long as we don’t lose the bedrock principles on which the republic was founded. The very principles the NSA has been shredding for years.
Silverstein has published Tikun Olam since 2003, It exposes the secrets of the Israeli national security state. He lives in Seattle, but his heart is in the east. He publishes regularly at Middle East Eye, the New Arab, and Jacobin Magazine. His work has also appeared in Al Jazeera English, The Nation, Truthout and other outlets.
@ Richard
Based on the above, what are the chances that you have a source, and that source wasn’t found already by the NSA and unit 8200 ? it is safe to assume that after your expose’s you became a target. It seems that no one has to hack to your accounts rather your information is being delivered to 8200.
@ H. Mor: I presume I’m being listened to or monitored by either the NSA, Unit 8200 or both. I have nothing to hide unless the school schedules of my three kids is of intelligence value to anyone.
@Richard
I’ts not about what you have to hide. Assuming you had any credible source he would have been arrested by now.
@ H. Mor: In fact, I suspect that Yossi Melman’s Post article to which I’ve linked in this post may come from the same source as mine. You’ve also discounted that the “deep source” for the FIVE EYES aspect of this story may be in the intelligence community itself. So if you’re claiming that Israeli intelligence should arrest one of its own, good luck to ya. Ain’t gonna happen. These guys leak what they want & need. It’s my job to sift through it & separate wheat from chaff. That’s why when I report something from such sources I add doubting or skeptical responses from other journalists, analysts or sources.
In short, my source gets information himself from many sources which he passes on to me.
@ Richard
“So if you’re claiming that Israeli intelligence should arrest one of its own, good luck to ya.”
Isn’t that exactly what Israel did in the case of Ben Zigyer ? the current prisoner X, Y & Z and Yehuda Gil ?
And these are the ones who’s name’s were published, there were others. Your claim doesn’t hold water.
Regardless of who your source is, if he/r was to deliver any substantial information he/she would have been arrested after you broke your first story. The fact that your source is still free means one thing only, the information he/she provides is either a figment of his/her imagination or comes directly from the system.
Of course it comes from the system. These are leaks from security sources offered for a variety of reason, some kosher some less so.
Zygier has nothing to do with what my source & his sources are doing.
AMDOCS Richard. Nothing needed to be put in writing. All the major phone carriers use the Israeli company AMDOCS to outsource their billing records to. Been going on for YEARS.
PS the Colorado rep for AMDOCS here is also in charge of the Israeli mafia locksmith call center there.
Connections Richard. Connections.
I think what you are seeing is technology running way ahead of the legal system’s capacity to understand or legislate. Its affecting a wide range of areas, noteably copyrighting, where the legal system is largely out of date.
The NSA data collection is equally way ahead of its processing capabilities and I would guess they are hoping the Israelis will find something of value that they missed. Everyone is limited in what they can do with so much data and must be setting priorities.
BTW AMDOCS sell billing software they don’t process phone calls or have access to client data. Phone companies don’t provide that info without a warrant.
You have to wonder what the point of all this data collection is. It’s certainly not to protect the average citizen from being blown up. That would be a massive over reaction to the level of risk posed by terrorism. The risk of being blown up by a terrorist is one in 20 million. The risk of dying in a car accident of 1 in 19,000; drowning in a bathtub at 1 in 800,000; dying in a building fire at 1 in 99,000; or being struck by lightning at 1 in 5,500,000. In other words, in the last five years you were four times more likely to be struck by lightning than killed by a terrorist.
So the natural question is why invest trillions of dollars in setting up such a system?
I really think some somethings are better off unknown, what would a oppressive leader like Stalin or Hitler do with such a system? Their is a fine line between protecting your interests and nation, and setting up a system that will consume you whole in the unpredictable future. Theses things tend to have a life of their own, and end up like Frankenstein’s monster.
RE: “Since much of the shared intelligence is unfiltered, it’s entirely possible the NSA is giving Israel communications between U.S. officials. Can you imagine what a gold mine this is?” ~ R.S.
FOR THE UNIMAGINATIVE: “Russ Tice, Bush-Era Whistleblower, Claims NSA Ordered Wiretap Of Barack Obama In 2004”, By Nick Wing, The Huffington Post, 6/20/2013
ENTIRE ARTICLE – http://www.huffingtonpost.com/2013/06/20/russ-tice-nsa-obama_n_3473538.html
P.S. LISTEN TO: “Boiling Frogs Blockbuster: NSA Whistleblower Russell Tice Reveals that Obama, Many Top Officials Were Targets of NSA Surveillance”, by Peter B. Collins & Sibel Edmonds, 6/19/13
SOURCE – http://www.peterbcollins.com/2013/07/15/nsa-whistleblower-russell-tice-offers-more-details-sen-feinstein-and-others-were-wiretapped-by-nsa/
● AUDIO OF ENTIRE INTERVIEW (1 Hour, 23 minutes) – http://boilingfrogspost.com/wp-content/uploads/BF.0112.Tice_20130617.mp3
P.P.S. ALSO LISTEN TO: “NSA Whistleblower Russell Tice Offers More Details: Sen. Feinstein and Others Were Wiretapped by NSA”, by Peter B. Collins, 7/15/13
SOURCE & 20 MINUTE AUDIO – http://www.peterbcollins.com/2013/07/15/nsa-whistleblower-russell-tice-offers-more-details-sen-feinstein-and-others-were-wiretapped-by-nsa/
There are several aspects that make this piece of news particularly disturbing:
1. Israeli intelligence services have, because of this amount of information sharing, an incredible amount of power at their fingertips with just a risible amount of quid pro quo. Being a European citizen, my data is surely available to them. NSA may feel no qualms about sharing my info with them, but I gather that it is tantamount to treason when they share the communication of US citizen and officials alike with Israeli agents.
2. Even more frightening is that the news were virtually not shared at all by major US newspapers and new sites. The exception seems to be the Washington Post, hiding it somewhere in their online tech section. I am not sure what that says about the distribution of power vis a vis intelligence services and/or the Israel Lobby in the US, but it portends very ominous omens about the degree of US self-determination in foreign affairs that may touch on Israeli interests.
3. Maybe it is advantageous that few people have been made aware of this situation, because I suspect that it might lead to increased enmity towards Israel which is inexorably rising anyway. Here in Europe the amount of rejection of Israeli policies and behavior, especially with regards to the Palestinians, has risen to such an extent that many opinions border on antisemitism. This is just another stone in the wall for making these opinions become mainstream, again.
4. It is quite remarkable that the ways in which Israeli governments pursue their strategy of survival and hegemony are often directly responsible for the rising level of antagonism it encounters and its rapidly eroding support.
5. As a US citizen, I would really start to question to what extent the foreign policies of the, currently, preeminent military and economic global power are truly independent of the whims and wishes of a nation with less inhabitants than New York City.
I wouldn’t put it past the US to have uncovered massive Israeli spying on the US and ex post facto come up with a letter like this. ‘Retroactive immunity’
I can’t help to think of all the Israeli Lobby enthusiasts in Congress/’Homeland Security’/Cheney Whitehouse that were more than happy to open the vault for Israel
IF true, and the information/data shared by the NSA with the state of Israel is in its raw format, then indeed ir does contain information from US-citizens, BUT also information of non-US-citizens, as… according to the relevant US-law, Americans can not have their phones tapped without warrant, the NSA is listening in, and collecting data only (ahem) from sources that come from outside the USA, thus from sources that have contact with Americans.
This means that also information/data of non-US-citizens like you and me is forwarded/given to the state of Israel……… and that such information thus is not needed for the protection of and safeguarding the safety of US-citizens…..
Why forward/deliver the recorded info/data to Israel when this info/data is including non-US-citizens info/data?
BREAKING:
The lastest Snowden leak yesterday exposes the backdoor (actually the front door with a red carpet) given to Israel by the NSA – where the NSA has given Israel everything it needs to now spy on private American citizens – but it gets worse – Israel is saying it’s coming after those in the BDS movement
As now as the Apartheid Israeli state becomes more and more unstable, it’s also becoming more and more aggressive about going after American citizens involved with the BDS movement (see Haaretz link). So our NSA is ENABLING this extremist government in going after American citizens critical of Israeli Apartheid. wow
‘And consider the implications of this. Two years ago, the Israeli press reported that it would start monitoring Western groups for what it considers attempts to delegitimize Israel.
The new Israeli Military Intelliegence (MI) unit will monitor Western groups involved in boycotting Israel, divesting from it or imposing sanctions on it. The unit will also collect information about groups that attempt to bring war crime or other charges against high-ranking Israeli officials, and examine possible links between such organizations and terror groups.’
– See more at: http://www.emptywheel.net/2013/09/12/israel-information-sharing-raises-questions-about-efficacy-of-nsas-minimization-procedures/#sthash.tIzfXyCq.dpuf
http://www.haaretz.com/print-edition/news/military-intelligence-monitoring-foreign-left-wing-organizations-1.350713
This is not a case of technology getting ahead of ANYTHING: it is a case of a refusal by USA to say “NO!!!!” to an entirely improper request by AIPAC (or Israel) (or their friends).
Just as Americans may not (legally) torture, and so GoUSA sent/sends torture-intended-victims off to other countries to be tortured, so, too, USA may not legally listen to all these calls, but sends the info off to Israel which wants to listen to it. SORT OF AN ECHO of the 9/11 stories about Israel having warning of the destructon of the WTC buildings. You know, because an Israeli company (private public cooperation is SUCH a good thing) was running all the cell-phone traffic at the time — or whatever the story was.
The latest revelation lends credibility indeed to Israeli involvement in 9/11, etc. Now, we can say with some credibility “Why not?”. If this breach of privacy of American citizens doesn’t provide impetus for a groundswell of anti-Israel feeling in this country, then nothing short of firing squads in NYC will do it. The only question now is how do Americans get Israel out of America, what will it take. How do we shut down AIPAC or force it to register as a foreign lobby?
No, please God, no. Not that again!
Why Israel is different and needs to be singled out with this expose of NSA – the Brits aren’t running Jonathan Pollards and Larry Rosens against us
‘The sharing of raw intercepts with Israel is particularly notable because U.S. officials say Israel aggressively seeks to spy on the U.S. government, unlike Britain, Canada, Australia and New Zealand, allies who are part of a long-standing agreement to share signals intelligence with the United States’
http://www.latimes.com/world/la-fg-israel-nsa-20130912,0,3708841.story
Are we really to believe that the UK (or Britain), Canada, Australia, New Zealand and other countries are not spying on the USA? Or vice versa?
When I hear that the dutch minister of foreign affairs (the equivalent of the American Secretary of State) was forced to ask his American counterpart to give him and the dutch intelligence services the information on about proof of Assad having given the order to use chemical weapons, and that the US has not shared the info with any(!) NATO-allies/partners freely and willingly no other then on demand and request by the HQ of NATO in Brussels, then I seriously doubt any information from NSA is shared with the countries you name!
The fact that Israel is given the info by the NSA says enough on who created, developed and is monitoring the NSA, and I do not think it is the American administration for the full 100%!
But the, that’s just my opinion…………………………………………………
Is it too much to think that this MOU was extorted from the US and not, in fact, freely made? I know it’s a wild leap in the direction that Israel controls America, but suppose that this is real back story? The absence of enforcement stipulations, the dependence on good will, etc. suggest just such an interpretation. The NSA lawyers are not stupid, after all.