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SUMMARY
• ALSO KNOWN AS PRISM (PLANNING TOOL FOR RESOURCE INTEGRATION, SYNCHRONIZATION, AND MANAGEMENT).
• STARTED IN 2007 IN THE WAKE OF PASSAGE OF PROTECT AMERICA ACT UNDER BUSH ADMINISTRATION
• WHISTLEBLOWER “EDWARD SNOWDEN” LEAKED THE DETAILS ABOUT THE NSA PRISM AND DEEMED IT AS
“DANGEROUS” AND “CRIMINAL”.
• BARACK OBAMA PRESIDENT OF USA STATED THAT, “A CIRCUMSCRIBED, NARROW SYSTEM DIRECTED AT US BEING ABLE
TO PROTECT OUR PEOPLE."
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HISTORY
• PRIOR TO THIS, TERRORIST SURVEILLANCE PROGRAM WAS IMPLEMENTED IN THE WAKE OF SEPTEMBER 11 ATTACKS.
BUT IT WAS CRITICIZED AND CHALLENGED ILLEGAL BECAUSE IT DID NOT INCLUDE WARRANTS OBTAINED FROM THE
FOREIGN INTELLIGENCE SURVEILLANCE COURT
• OTHERS INCLUDE
• PRISM – COOPERATION BETWEEN THE NSA AND INTERNET COMPANIES, WHEREBY THE COMPANIES ALLOW
THE NSA ACCESS (WHETHER DIRECT OR INDIRECT IS DISPUTED) TO THEIR SERVERS.
• BOUNDLESS INFORMANT – THE COMPUTER PROGRAM THAT PHYSICALLY PERFORMS THE DATA COLLECTION.
• X-KEYSCORE – A PROGRAM WHICH ALLOWS SEARCHING COLLECTED DATA IN A VARIETY OF WAYS
• DROPMIRE – A PROGRAM THAT SPECIFICALLY TARGETS FOREIGN EMBASSIES AND DIPLOMATS
• FAIRVIEW – A PROGRAM THAT TARGETS MOBILE PHONE USAGE (PARTICULARLY TEXT MESSAGES) IN FOREIGN
COUNTRIES.
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• UPSTREAM AND TEMPORA – COLLECTING DATA FROM FIBER-OPTIC CABLES AND INTERNET BACKBONES.
• MAINWAY (CALL RECORDS), MAIN CORE (FINANCIAL RECORDS) – STORING THE COLLECTED DATA
• STELLAR WIND – MINING THE COLLECTED DATA
• ECHELON – INTERCEPTS COMMERCIAL SATELLITE TRUNK COMMUNICATIONS BY ALL OF THE FIVE EYES
SIGNATORIES
• TURBULENCE – INCLUDES CYBER-WARFARE CAPABILITIES, SUCH AS TARGETING ENEMIES WITH MALWARE
• INSIDER THREAT PROGRAM – POLICY REQUIRING FEDERAL EMPLOYEES TO REPORT "HIGH-RISK PERSONS
OR BEHAVIORS" FROM AMONG CO-WORKERS, AS WELL AS TO PUNISH THOSE WHO FAIL TO REPORT SUCH
COLLEAGUES.
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ABOUT PRISM
• A SPECIAL SOURCE OPERATION AUTHORIZED BY FOREIGN INTELLIGENCE SURVEILLANCE COURT.
• STANDS FOR “PLANNING TOOL FOR RESOURCE INTEGRATION, SYNCHRONIZATION, AND MANAGEMENT”
WHAT IS IT?
• THE ACTUAL COMPUTER PROGRAM USED TO COLLECT AND ANALYZE DATA LEGALLY REQUESTED BY THE NSA AND
DIVULGED BY INTERNET COMPANIES
COMPANIES INVOLVED?
• MICROSOFT, YAHOO, AOL, FACEBOOK, GOOGLE, APPLE, PALTALK, YOUTUBE, AND SKYPE
• DROPBOX IS ALLEGEDLY "COMING SOON.“
• HOWEVER, 98 PERCENT OF PRISM PRODUCTION IS BASED ON JUST YAHOO, GOOGLE, AND MICROSOFT.
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HOW DOES IT WORK?
• THE ATTORNEY GENERAL ISSUES A SECRET ORDER TO A TECH COMPANY TO HAND OVER ACCESS TO ITS DATA TO THE FBI.
THE FBI THEN HANDS THAT INFORMATION OVER TO THE NSA.
• TECHNICAL QUESTIONS REMAIN, SUCH AS: WHEN GIVEN ACCESS, CAN THE NSA TAP DIRECTLY INTO THE COMPANIES'
SERVERS, AS WAS ORIGINALLY ALLEGED? IS THE DATA PRINTED OUT AND HANDED TO AN NSA OPERATIVE? IS AN NSA
OPERATIVE STATIONED ON THE COMPANY'S CAMPUS AT A SPECIFIC WORK STATION DESIGNED FOR SUCH
TRANSACTIONS?
• GOOGLE SPOKESMAN CHRIS GAITHER SAID, “WHEN REQUIRED TO COMPLY WITH THESE REQUESTS, WE DELIVER THAT
INFORMATION TO THE US GOVERNMENT -- GENERALLY THROUGH SECURE FTP TRANSFERS AND IN PERSON. THE US
GOVERNMENT DOES NOT HAVE THE ABILITY TO PULL THAT DATA DIRECTLY FROM OUR SERVERS OR NETWORK."
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Depending on the provider,
the NSA may receive live
notifications when a target
logs on or sends an e-mail, or
may monitor a voice, text or
voice chat as it happens
WHAT TYPE OF DATA IS MONITORED?
• ACCORDING TO "SLIDES AND OTHER SUPPORTING MATERIALS" GIVEN TO THE THE GUARDIAN AND THE WASHINGTON
POST BY SNOWDEN: "E-MAIL, CHAT, VIDEOS, PHOTOS, STORED DATA, VOIP, FILE TRANSFERS, VIDEO CONFERENCING,
NOTIFICATIONS OF TARGET ACTIVITY...LOG-INS, ETC., ONLINE SOCIAL NETWORKING DETAILS" -- SO, EVERYTHING.
SO SOMEONE HAS READ MY E-MAIL?
ASIDE FROM THE FACT THAT GOOGLE'S ALGORITHMS CRAWL YOUR E-MAIL ALL THE TIME TO TARGET ADS AT YOU,
"SOMEONE" WITHIN THE NSA MAY HAVE READ YOUR E-MAILS.
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IS IT LEGAL?
• YES.
• UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) OF 2008 AND THE
PROTECT AMERICA ACT OF 2007
• DIRECTOR OF NATIONAL INTELLIGENCE JAMES CLAPPER RELEASED A STATEMENT SAYING THAT
"SECTION 702 IS A PROVISION OF FISA THAT IS DESIGNED TO FACILITATE THE ACQUISITION OF
FOREIGN INTELLIGENCE INFORMATION CONCERNING NON-U.S. PERSONS LOCATED OUTSIDE THE
UNITED STATES. IT CANNOT BE USED TO INTENTIONALLY TARGET ANY U.S. CITIZEN, ANY OTHER U.S.
PERSON, OR ANYONE LOCATED WITHIN THE UNITED STATES." FISA WAS RENEWED LAST YEAR BY
CONGRESS.
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IS THIS THE SAME AS THE DATA VERIZON IS GIVING TO THE NSA?
• NO. THIS IS SEPARATE. THE DATA VERIZON GIVES TO THE NSA IS ONLY METADATA, SO ALTHOUGH
THE GOVERNMENT CAN SEE WHO YOU CALL AND HOW LONG YOU TALK TO THEM, THEY ARE
NOT LISTENING IN ON YOUR VOICE MAILS AND PHONE CALLS. BUT AGAIN, THAT'S A SEPARATE
NSA PROGRAM
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WHO IS EDWARD SNOWDEN?
• EDWARD JOSEPH SNOWDEN (BORN JUNE 21, 1983) IS AN AMERICAN FORMER INTELLIGENCE ANALYST WHO LEAKED
DETAILS OF SEVERAL TOP-SECRET UNITED STATES AND BRITISH GOVERNMENT MASS SURVEILLANCE PROGRAMS TO THE
PRESS.
• PRISM WAS FIRST PUBLICLY REVEALED WHEN CLASSIFIED DOCUMENTS ABOUT THE PROGRAM WERE LEAKED TO
JOURNALISTS OF THE THE WASHINGTON POST AND THE GUARDIAN BY EDWARD SNOWDEN – AT THE TIME AN NSA
CONTRACTOR – DURING A VISIT TO HONG KONG.
• THE LEAKED DOCUMENTS INCLUDED 41 POWERPOINT SLIDES
• SNOWDEN'S SUBSEQUENT DISCLOSURES INCLUDED STATEMENTS THAT GOVERNMENTS SUCH AS THE UNITED
KINGDOM'S GCHQ ALSO UNDERTOOK MASS INTERCEPTION AND TRACKING OF INTERNET AND COMMUNICATIONS DATA
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• SNOWDEN EXPLAINED HIS ACTIONS SAYING: "I DON'T WANT TO LIVE IN A SOCIETY THAT DOES THESE SORT OF THINGS
[SURVEILLANCE ON ITS CITIZENS]... I DO NOT WANT TO LIVE IN A WORLD WHERE EVERYTHING I DO AND SAY IS
RECORDED.“
• SNOWDEN'S IDENTITY WAS MADE PUBLIC BY THE GUARDIAN AT HIS REQUESTON JUNE 9. HE EXPLAINED HIS REASONING
FOR FORGOING ANONYMITY: "I HAVE NO INTENTION OF HIDING WHO I AM BECAUSE I KNOW I HAVE DONE NOTHING
WRONG."HE ADDED THAT “BY REVEALING HIS IDENTITY HE HOPED TO PROTECT HIS COLLEAGUES FROM BEING
SUBJECTED TO A HUNT TO DETERMINE WHO HAD BEEN RESPONSIBLE FOR THE LEAKS”
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SNOWDEN LEFT HAWAII FOR HONG KONG ON MAY 20, 2013, AND TRAVELED ON TO MOSCOW ON SUNDAY, JUNE 23, 2013,
AS HONG KONG AUTHORITIES WERE DELIBERATING THE US GOVERNMENT'S REQUEST FOR HIS EXTRADITION
WHY HONGKONG?
• SNOWDEN EXPLAINED HIS CHOICE OF HONG KONG THUS:
“NSA EMPLOYEES MUST DECLARE THEIR FOREIGN TRAVEL 30 DAYS IN ADVANCE AND ARE MONITORED. THERE
WAS A DISTINCT POSSIBILITY I WOULD BE INTERDICTED EN ROUTE, SO I HAD TO TRAVEL WITH NO ADVANCE BOOKING
TO A COUNTRY WITH THE CULTURAL AND LEGAL FRAMEWORK TO ALLOW ME TO WORK WITHOUT BEING IMMEDIATELY
DETAINED. HONG KONG PROVIDED THAT. ICELAND COULD BE PUSHED HARDER, QUICKER, BEFORE THE PUBLIC COULD
HAVE A CHANCE TO MAKE THEIR FEELINGS KNOWN, AND I WOULD NOT PUT THAT PAST THE CURRENT US
ADMINISTRATION.”
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REACTIONS
• UNITED STATES OF AMERICA
• THE U.S. DIRECTOR OF NATIONAL INTELLIGENCE, JAMES R. CLAPPER, DESCRIBED THE DISCLOSURE OF PRISM AS
"RECKLESS“
• THE NSA FORMALLY REQUESTED THAT THE DEPARTMENT OF JUSTICE LAUNCH A CRIMINAL INVESTIGATION INTO
SNOWDEN'S ACTIONS. ON JUNE 14, 2013, US FEDERAL PROSECUTORS FILED A SEALED COMPLAINT, MADE PUBLIC ON
JUNE 21, CHARGING SNOWDEN WITH THEFT OF GOVERNMENT PROPERTY, UNAUTHORIZED COMMUNICATION OF
NATIONAL DEFENSE INFORMATION, AND WILLFUL COMMUNICATION OF CLASSIFIED INTELLIGENCE TO AN
UNAUTHORIZED PERSON; THE LATTER TWO ALLEGATIONS ARE UNDER THE ESPIONAGE ACT OF 1951
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CONGRESS:
• REACTIONS TO SNOWDEN'S DISCLOSURES AMONG MEMBERS OF CONGRESS WERE LARGELY NEGATIVE. SPEAKER OF THE
HOUSE JOHN BOEHNER AND SENATORS DIANNE FEINSTEIN AND BILL NELSON CALLED SNOWDEN A TRAITOR, AND
SEVERAL SENATORS AND REPRESENTATIVES JOINED THEM IN CALLING FOR SNOWDEN'S ARREST AND PROSECUTION.
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PUBLIC
• A GALLUP POLL CONDUCTED JUNE 10–11, 2013, SHOWED 44 PERCENT OF AMERICANS THOUGHT IT WAS RIGHT FOR
SNOWDEN TO SHARE THE INFORMATION WITH THE PRESS WHILE 42 PERCENT THOUGHT IT WAS WRONG.
• A USA TODAY/PEW RESEARCH POLL CONDUCTED JUNE 12–16 FOUND THAT 49 PERCENT THOUGHT THE RELEASE OF
INFORMATION SERVED THE PUBLIC INTEREST WHILE 44 PERCENT THOUGHT IT HARMED IT. THE SAME POLL FOUND
THAT 54 PERCENT FELT A CRIMINAL CASE SHOULD BE BROUGHT AGAINST SNOWDEN, WHILE 38 PERCENT THOUGHT
ONE SHOULD NOT BE BROUGHT
• NSA SURVEILLANCE IS AN ATTACK ON AMERICAN CITIZENS, SAYS NOAM CHOMSKY
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EUROPE:
• BRITISH FOREIGN MINISTER WILLIAM HAGUE ADMITTED THAT BRITAIN'S GCHQ WAS ALSO SPYING AND
COLLABORATING WITH THE NSA, AND DEFENDED THE TWO AGENCIES' ACTIONS AS "INDISPENSABLE.“
• EUROPEAN GOVERNMENTS REACTED ANGRILY, WITH GERMAN AND FRENCH LEADERS ANGELA MERKEL AND FRANÇOIS
HOLLANDE BRANDING THE SPYING AS 'UNACCEPTABLE' AND INSISTING THE NSA STOP IMMEDIATELY,
PUBLIC
• AN OPINION POLL CARRIED OUT BY EMNID AT THE END OF JUNE REVEALED THAT 50% OF GERMANS CONSIDER
SNOWDEN A HERO, AND 35% WOULD HIDE HIM IN THEIR HOMES.
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HUMAN RIGHTS ORGANIZATIONS
• AFTER AMNESTY INTERNATIONAL MET EDWARD SNOWDEN IN MOSCOW IN MID JULY 2013, SAID:
"WHAT HE HAS DISCLOSED IS PATENTLY IN THE PUBLIC INTEREST AND AS A WHISTLEBLOWER HIS ACTIONS
WERE JUSTIFIED. HE HAS EXPOSED UNLAWFUL SWEEPING SURVEILLANCE PROGRAMMES THAT UNQUESTIONABLY
INTERFERE WITH AN INDIVIDUAL’S RIGHT TO PRIVACY. STATES THAT ATTEMPT TO STOP A PERSON FROM
REVEALING SUCH UNLAWFUL BEHAVIOR ARE FLOUTING INTERNATIONAL LAW. FREEDOM OF EXPRESSION IS A
FUNDAMENTAL RIGHT.“
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CHINA AND HONG KONG
REACTIONS OF INTERNET USERS IN CHINA WERE MIXED BETWEEN VIEWING A LOSS OF FREEDOM WORLDWIDE AND
SEEING STATE SURVEILLANCE COMING OUT OF SECRECY
THE SPOKESWOMAN OF MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA SAID, "CHINA
STRONGLY ADVOCATES CYBER SECURITY.“
HONG KONG LEGISLATORS GARY FAN AND CLAUDIA MO WROTE A LETTER TO OBAMA STATING, "THE REVELATIONS
OF BLANKET SURVEILLANCE OF GLOBAL COMMUNICATIONS BY THE WORLD'S LEADING DEMOCRACY HAVE
DAMAGED THE IMAGE OF THE U.S. AMONG FREEDOM-LOVING PEOPLES AROUND THE WORLD."
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INDIA
• MINISTER OF EXTERNAL AFFAIRS SALMAN KHURSHID DEFENDED THE PRISM PROGRAM SAYING,
"THIS IS NOT SCRUTINY AND ACCESS TO ACTUAL MESSAGES. IT IS ONLY COMPUTER ANALYSIS OF
PATTERNS OF CALLS AND EMAILS THAT ARE BEING SENT. IT IS NOT ACTUALLY SNOOPING SPECIFICALLY ON
CONTENT OF ANYBODY'S MESSAGE OR CONVERSATION. SOME OF THE INFORMATION THEY GOT OUT OF
THEIR SCRUTINY, THEY WERE ABLE TO USE IT TO PREVENT SERIOUS TERRORIST ATTACKS IN SEVERAL
COUNTRIES."
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CORPORATE COMPANIES INVOLVED
• MICROSOFT: "WE PROVIDE CUSTOMER DATA ONLY WHEN WE RECEIVE A LEGALLY BINDING ORDER OR SUBPOENA TO DO SO, AND NEVER
ON A VOLUNTARY BASIS. IN ADDITION WE ONLY EVER COMPLY WITH ORDERS FOR REQUESTS ABOUT SPECIFIC ACCOUNTS OR IDENTIFIERS.
IF THE GOVERNMENT HAS A BROADER VOLUNTARY NATIONAL SECURITY PROGRAM TO GATHER CUSTOMER DATA WE DON'T PARTICIPATE
IN IT.“
• YAHOO!: "YAHOO! TAKES USERS' PRIVACY VERY SERIOUSLY. WE DO NOT PROVIDE THE GOVERNMENT WITH DIRECT ACCESS TO OUR
SERVERS, SYSTEMS, OR NETWORK." "OF THE HUNDREDS OF MILLIONS OF USERS WE SERVE, AN INFINITESIMAL PERCENTAGE WILL EVER
BE THE SUBJECT OF A GOVERNMENT DATA COLLECTION DIRECTIVE."
• FACEBOOK: "WE DO NOT PROVIDE ANY GOVERNMENT ORGANIZATION WITH DIRECT ACCESS TO FACEBOOK SERVERS. WHEN FACEBOOK IS
ASKED FOR DATA OR INFORMATION ABOUT SPECIFIC INDIVIDUALS, WE CAREFULLY SCRUTINIZE ANY SUCH REQUEST FOR COMPLIANCE
WITH ALL APPLICABLE LAWS, AND PROVIDE INFORMATION ONLY TO THE EXTENT REQUIRED BY LAW."
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• GOOGLE: "GOOGLE CARES DEEPLY ABOUT THE SECURITY OF OUR USERS' DATA. WE DISCLOSE USER DATA TO
GOVERNMENT IN ACCORDANCE WITH THE LAW, AND WE REVIEW ALL SUCH REQUESTS CAREFULLY. FROM TIME TO TIME,
PEOPLE ALLEGE THAT WE HAVE CREATED A GOVERNMENT ‘BACK DOOR' INTO OUR SYSTEMS, BUT GOOGLE DOES NOT
HAVE A BACKDOOR FOR THE GOVERNMENT TO ACCESS PRIVATE USER DATA." "ANY SUGGESTION THAT GOOGLE IS
DISCLOSING INFORMATION ABOUT OUR USERS' INTERNET ACTIVITY ON SUCH A SCALE IS COMPLETELY FALSE."
• APPLE: "WE HAVE NEVER HEARD OF PRISM. WE DO NOT PROVIDE ANY GOVERNMENT AGENCY WITH DIRECT ACCESS TO
OUR SERVERS, AND ANY GOVERNMENT AGENCY REQUESTING CUSTOMER DATA MUST GET A COURT ORDER."
• DROPBOX: "WE'VE SEEN REPORTS THAT DROPBOX MIGHT BE ASKED TO PARTICIPATE IN A GOVERNMENT PROGRAM
CALLED PRISM. WE ARE NOT PART OF ANY SUCH PROGRAM AND REMAIN COMMITTED TO PROTECTING OUR USERS'
PRIVACY."
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APPLICABLE LAW AND PRACTICE
• SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) SECTION 702 PROVIDES THAT "THE ATTORNEY
GENERAL AND THE DIRECTOR OF NATIONAL INTELLIGENCE MAY AUTHORIZE JOINTLY, FOR A PERIOD OF UP TO 1 YEAR
FROM THE EFFECTIVE DATE OF THE AUTHORIZATION, THE TARGETING OF PERSONS REASONABLY BELIEVED TO BE
LOCATED OUTSIDE THE UNITED STATES TO ACQUIRE FOREIGN INTELLIGENCE INFORMATION." IN ORDER TO AUTHORIZE
THE TARGETING, THE ATTORNEY GENERAL AND DIRECTOR OF NATIONAL INTELLIGENCE NEED TO OBTAIN AN ORDER
FROM THE FOREIGN INTELLIGENCE SURVEILLANCE COURT (FISA COURT) PURSUANT TO SECTION 702 OR CERTIFY THAT
"INTELLIGENCE IMPORTANT TO THE NATIONAL SECURITY OF THE UNITED STATES MAY BE LOST OR NOT TIMELY
ACQUIRED AND TIME DOES NOT PERMIT THE ISSUANCE OF AN ORDER."
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LITIGATIONS
AMERICAN CIVIL LIBERTIES UNION (JUNE 11, 2013)
• LAWSUIT FILED AGAINST THE NSA CITING THAT THE "MASS CALL TRACKING PROGRAM" (AS THE CASE TERMS PRISM)
"VIOLATES AMERICANS' CONSTITUTIONAL RIGHTS OF FREE SPEECH, ASSOCIATION, AND PRIVACY" AND CONSTITUTES
"DRAGNET" SURVEILLANCE, IN VIOLATION OF THE FIRST AND FOURTH AMENDMENTS TO THE CONSTITUTION, AND
THEREBY ALSO "EXCEEDS THE AUTHORITY GRANTED BY 50 U.S.C. § 1861, AND THEREBY VIOLATES 5 U.S.C. § 706."
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FREEDOMWATCH USA (JUNE 11, 2013):
• CLASS ACTION LAWSUIT AGAINST GOVERNMENT BODIES AND OFFICIALS BELIEVED RESPONSIBLE FOR PRISM, AND 12
COMPANIES (INCLUDING APPLE, MICROSOFT, GOOGLE, FACEBOOK, AND SKYPE AND THEIR CHIEF EXECUTIVES) WHO
HAVE BEEN DISCLOSED AS PROVIDING OR MAKING AVAILABLE MASS INFORMATION ABOUT THEIR USERS'
COMMUNICATIONS AND DATA TO THE NSA UNDER THE PRISM PROGRAM OR RELATED PROGRAMS. THE CASE CITES THE
FIRST, FOURTH, AND FIFTH AMENDMENTS TO THE CONSTITUTION, AS WELL AS BREACH OF 18 U.S.C. 2702
(DISCLOSURE OF COMMUNICATIONS RECORDS), AND ASKS THE COURT TO RULE THAT THE PROGRAM OPERATES
OUTSIDE ITS LEGAL AUTHORITY (S.215 OF THE PATRIOT ACT).
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HOW CAN I AVOID THIS?
• YOU CAN'T.
SHOULD I BE OUTRAGED?
• PROBABLY! BUT MAYBE NOT. PRESIDENT OBAMA ADDRESSED PRISM AND ESSENTIALLY SAID, "DON'T WORRY. YOU CAN
TRUST US."
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NSA Snooping Scandal

  • 1.
  • 2. SUMMARY • ALSO KNOWN AS PRISM (PLANNING TOOL FOR RESOURCE INTEGRATION, SYNCHRONIZATION, AND MANAGEMENT). • STARTED IN 2007 IN THE WAKE OF PASSAGE OF PROTECT AMERICA ACT UNDER BUSH ADMINISTRATION • WHISTLEBLOWER “EDWARD SNOWDEN” LEAKED THE DETAILS ABOUT THE NSA PRISM AND DEEMED IT AS “DANGEROUS” AND “CRIMINAL”. • BARACK OBAMA PRESIDENT OF USA STATED THAT, “A CIRCUMSCRIBED, NARROW SYSTEM DIRECTED AT US BEING ABLE TO PROTECT OUR PEOPLE." 2
  • 3. HISTORY • PRIOR TO THIS, TERRORIST SURVEILLANCE PROGRAM WAS IMPLEMENTED IN THE WAKE OF SEPTEMBER 11 ATTACKS. BUT IT WAS CRITICIZED AND CHALLENGED ILLEGAL BECAUSE IT DID NOT INCLUDE WARRANTS OBTAINED FROM THE FOREIGN INTELLIGENCE SURVEILLANCE COURT • OTHERS INCLUDE • PRISM – COOPERATION BETWEEN THE NSA AND INTERNET COMPANIES, WHEREBY THE COMPANIES ALLOW THE NSA ACCESS (WHETHER DIRECT OR INDIRECT IS DISPUTED) TO THEIR SERVERS. • BOUNDLESS INFORMANT – THE COMPUTER PROGRAM THAT PHYSICALLY PERFORMS THE DATA COLLECTION. • X-KEYSCORE – A PROGRAM WHICH ALLOWS SEARCHING COLLECTED DATA IN A VARIETY OF WAYS • DROPMIRE – A PROGRAM THAT SPECIFICALLY TARGETS FOREIGN EMBASSIES AND DIPLOMATS • FAIRVIEW – A PROGRAM THAT TARGETS MOBILE PHONE USAGE (PARTICULARLY TEXT MESSAGES) IN FOREIGN COUNTRIES. 3
  • 4. • UPSTREAM AND TEMPORA – COLLECTING DATA FROM FIBER-OPTIC CABLES AND INTERNET BACKBONES. • MAINWAY (CALL RECORDS), MAIN CORE (FINANCIAL RECORDS) – STORING THE COLLECTED DATA • STELLAR WIND – MINING THE COLLECTED DATA • ECHELON – INTERCEPTS COMMERCIAL SATELLITE TRUNK COMMUNICATIONS BY ALL OF THE FIVE EYES SIGNATORIES • TURBULENCE – INCLUDES CYBER-WARFARE CAPABILITIES, SUCH AS TARGETING ENEMIES WITH MALWARE • INSIDER THREAT PROGRAM – POLICY REQUIRING FEDERAL EMPLOYEES TO REPORT "HIGH-RISK PERSONS OR BEHAVIORS" FROM AMONG CO-WORKERS, AS WELL AS TO PUNISH THOSE WHO FAIL TO REPORT SUCH COLLEAGUES. 4
  • 5. ABOUT PRISM • A SPECIAL SOURCE OPERATION AUTHORIZED BY FOREIGN INTELLIGENCE SURVEILLANCE COURT. • STANDS FOR “PLANNING TOOL FOR RESOURCE INTEGRATION, SYNCHRONIZATION, AND MANAGEMENT” WHAT IS IT? • THE ACTUAL COMPUTER PROGRAM USED TO COLLECT AND ANALYZE DATA LEGALLY REQUESTED BY THE NSA AND DIVULGED BY INTERNET COMPANIES COMPANIES INVOLVED? • MICROSOFT, YAHOO, AOL, FACEBOOK, GOOGLE, APPLE, PALTALK, YOUTUBE, AND SKYPE • DROPBOX IS ALLEGEDLY "COMING SOON.“ • HOWEVER, 98 PERCENT OF PRISM PRODUCTION IS BASED ON JUST YAHOO, GOOGLE, AND MICROSOFT. 5
  • 6. 6
  • 7. HOW DOES IT WORK? • THE ATTORNEY GENERAL ISSUES A SECRET ORDER TO A TECH COMPANY TO HAND OVER ACCESS TO ITS DATA TO THE FBI. THE FBI THEN HANDS THAT INFORMATION OVER TO THE NSA. • TECHNICAL QUESTIONS REMAIN, SUCH AS: WHEN GIVEN ACCESS, CAN THE NSA TAP DIRECTLY INTO THE COMPANIES' SERVERS, AS WAS ORIGINALLY ALLEGED? IS THE DATA PRINTED OUT AND HANDED TO AN NSA OPERATIVE? IS AN NSA OPERATIVE STATIONED ON THE COMPANY'S CAMPUS AT A SPECIFIC WORK STATION DESIGNED FOR SUCH TRANSACTIONS? • GOOGLE SPOKESMAN CHRIS GAITHER SAID, “WHEN REQUIRED TO COMPLY WITH THESE REQUESTS, WE DELIVER THAT INFORMATION TO THE US GOVERNMENT -- GENERALLY THROUGH SECURE FTP TRANSFERS AND IN PERSON. THE US GOVERNMENT DOES NOT HAVE THE ABILITY TO PULL THAT DATA DIRECTLY FROM OUR SERVERS OR NETWORK." 7
  • 8. 8
  • 9. 9 Depending on the provider, the NSA may receive live notifications when a target logs on or sends an e-mail, or may monitor a voice, text or voice chat as it happens
  • 10. WHAT TYPE OF DATA IS MONITORED? • ACCORDING TO "SLIDES AND OTHER SUPPORTING MATERIALS" GIVEN TO THE THE GUARDIAN AND THE WASHINGTON POST BY SNOWDEN: "E-MAIL, CHAT, VIDEOS, PHOTOS, STORED DATA, VOIP, FILE TRANSFERS, VIDEO CONFERENCING, NOTIFICATIONS OF TARGET ACTIVITY...LOG-INS, ETC., ONLINE SOCIAL NETWORKING DETAILS" -- SO, EVERYTHING. SO SOMEONE HAS READ MY E-MAIL? ASIDE FROM THE FACT THAT GOOGLE'S ALGORITHMS CRAWL YOUR E-MAIL ALL THE TIME TO TARGET ADS AT YOU, "SOMEONE" WITHIN THE NSA MAY HAVE READ YOUR E-MAILS. 10
  • 11. 11
  • 12. IS IT LEGAL? • YES. • UNDER SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) OF 2008 AND THE PROTECT AMERICA ACT OF 2007 • DIRECTOR OF NATIONAL INTELLIGENCE JAMES CLAPPER RELEASED A STATEMENT SAYING THAT "SECTION 702 IS A PROVISION OF FISA THAT IS DESIGNED TO FACILITATE THE ACQUISITION OF FOREIGN INTELLIGENCE INFORMATION CONCERNING NON-U.S. PERSONS LOCATED OUTSIDE THE UNITED STATES. IT CANNOT BE USED TO INTENTIONALLY TARGET ANY U.S. CITIZEN, ANY OTHER U.S. PERSON, OR ANYONE LOCATED WITHIN THE UNITED STATES." FISA WAS RENEWED LAST YEAR BY CONGRESS. 12
  • 13. IS THIS THE SAME AS THE DATA VERIZON IS GIVING TO THE NSA? • NO. THIS IS SEPARATE. THE DATA VERIZON GIVES TO THE NSA IS ONLY METADATA, SO ALTHOUGH THE GOVERNMENT CAN SEE WHO YOU CALL AND HOW LONG YOU TALK TO THEM, THEY ARE NOT LISTENING IN ON YOUR VOICE MAILS AND PHONE CALLS. BUT AGAIN, THAT'S A SEPARATE NSA PROGRAM 13
  • 14. WHO IS EDWARD SNOWDEN? • EDWARD JOSEPH SNOWDEN (BORN JUNE 21, 1983) IS AN AMERICAN FORMER INTELLIGENCE ANALYST WHO LEAKED DETAILS OF SEVERAL TOP-SECRET UNITED STATES AND BRITISH GOVERNMENT MASS SURVEILLANCE PROGRAMS TO THE PRESS. • PRISM WAS FIRST PUBLICLY REVEALED WHEN CLASSIFIED DOCUMENTS ABOUT THE PROGRAM WERE LEAKED TO JOURNALISTS OF THE THE WASHINGTON POST AND THE GUARDIAN BY EDWARD SNOWDEN – AT THE TIME AN NSA CONTRACTOR – DURING A VISIT TO HONG KONG. • THE LEAKED DOCUMENTS INCLUDED 41 POWERPOINT SLIDES • SNOWDEN'S SUBSEQUENT DISCLOSURES INCLUDED STATEMENTS THAT GOVERNMENTS SUCH AS THE UNITED KINGDOM'S GCHQ ALSO UNDERTOOK MASS INTERCEPTION AND TRACKING OF INTERNET AND COMMUNICATIONS DATA 14
  • 15. • SNOWDEN EXPLAINED HIS ACTIONS SAYING: "I DON'T WANT TO LIVE IN A SOCIETY THAT DOES THESE SORT OF THINGS [SURVEILLANCE ON ITS CITIZENS]... I DO NOT WANT TO LIVE IN A WORLD WHERE EVERYTHING I DO AND SAY IS RECORDED.“ • SNOWDEN'S IDENTITY WAS MADE PUBLIC BY THE GUARDIAN AT HIS REQUESTON JUNE 9. HE EXPLAINED HIS REASONING FOR FORGOING ANONYMITY: "I HAVE NO INTENTION OF HIDING WHO I AM BECAUSE I KNOW I HAVE DONE NOTHING WRONG."HE ADDED THAT “BY REVEALING HIS IDENTITY HE HOPED TO PROTECT HIS COLLEAGUES FROM BEING SUBJECTED TO A HUNT TO DETERMINE WHO HAD BEEN RESPONSIBLE FOR THE LEAKS” 15
  • 16. SNOWDEN LEFT HAWAII FOR HONG KONG ON MAY 20, 2013, AND TRAVELED ON TO MOSCOW ON SUNDAY, JUNE 23, 2013, AS HONG KONG AUTHORITIES WERE DELIBERATING THE US GOVERNMENT'S REQUEST FOR HIS EXTRADITION WHY HONGKONG? • SNOWDEN EXPLAINED HIS CHOICE OF HONG KONG THUS: “NSA EMPLOYEES MUST DECLARE THEIR FOREIGN TRAVEL 30 DAYS IN ADVANCE AND ARE MONITORED. THERE WAS A DISTINCT POSSIBILITY I WOULD BE INTERDICTED EN ROUTE, SO I HAD TO TRAVEL WITH NO ADVANCE BOOKING TO A COUNTRY WITH THE CULTURAL AND LEGAL FRAMEWORK TO ALLOW ME TO WORK WITHOUT BEING IMMEDIATELY DETAINED. HONG KONG PROVIDED THAT. ICELAND COULD BE PUSHED HARDER, QUICKER, BEFORE THE PUBLIC COULD HAVE A CHANCE TO MAKE THEIR FEELINGS KNOWN, AND I WOULD NOT PUT THAT PAST THE CURRENT US ADMINISTRATION.” 16
  • 17. REACTIONS • UNITED STATES OF AMERICA • THE U.S. DIRECTOR OF NATIONAL INTELLIGENCE, JAMES R. CLAPPER, DESCRIBED THE DISCLOSURE OF PRISM AS "RECKLESS“ • THE NSA FORMALLY REQUESTED THAT THE DEPARTMENT OF JUSTICE LAUNCH A CRIMINAL INVESTIGATION INTO SNOWDEN'S ACTIONS. ON JUNE 14, 2013, US FEDERAL PROSECUTORS FILED A SEALED COMPLAINT, MADE PUBLIC ON JUNE 21, CHARGING SNOWDEN WITH THEFT OF GOVERNMENT PROPERTY, UNAUTHORIZED COMMUNICATION OF NATIONAL DEFENSE INFORMATION, AND WILLFUL COMMUNICATION OF CLASSIFIED INTELLIGENCE TO AN UNAUTHORIZED PERSON; THE LATTER TWO ALLEGATIONS ARE UNDER THE ESPIONAGE ACT OF 1951 17
  • 18. CONGRESS: • REACTIONS TO SNOWDEN'S DISCLOSURES AMONG MEMBERS OF CONGRESS WERE LARGELY NEGATIVE. SPEAKER OF THE HOUSE JOHN BOEHNER AND SENATORS DIANNE FEINSTEIN AND BILL NELSON CALLED SNOWDEN A TRAITOR, AND SEVERAL SENATORS AND REPRESENTATIVES JOINED THEM IN CALLING FOR SNOWDEN'S ARREST AND PROSECUTION. 18
  • 19. PUBLIC • A GALLUP POLL CONDUCTED JUNE 10–11, 2013, SHOWED 44 PERCENT OF AMERICANS THOUGHT IT WAS RIGHT FOR SNOWDEN TO SHARE THE INFORMATION WITH THE PRESS WHILE 42 PERCENT THOUGHT IT WAS WRONG. • A USA TODAY/PEW RESEARCH POLL CONDUCTED JUNE 12–16 FOUND THAT 49 PERCENT THOUGHT THE RELEASE OF INFORMATION SERVED THE PUBLIC INTEREST WHILE 44 PERCENT THOUGHT IT HARMED IT. THE SAME POLL FOUND THAT 54 PERCENT FELT A CRIMINAL CASE SHOULD BE BROUGHT AGAINST SNOWDEN, WHILE 38 PERCENT THOUGHT ONE SHOULD NOT BE BROUGHT • NSA SURVEILLANCE IS AN ATTACK ON AMERICAN CITIZENS, SAYS NOAM CHOMSKY 19
  • 20. EUROPE: • BRITISH FOREIGN MINISTER WILLIAM HAGUE ADMITTED THAT BRITAIN'S GCHQ WAS ALSO SPYING AND COLLABORATING WITH THE NSA, AND DEFENDED THE TWO AGENCIES' ACTIONS AS "INDISPENSABLE.“ • EUROPEAN GOVERNMENTS REACTED ANGRILY, WITH GERMAN AND FRENCH LEADERS ANGELA MERKEL AND FRANÇOIS HOLLANDE BRANDING THE SPYING AS 'UNACCEPTABLE' AND INSISTING THE NSA STOP IMMEDIATELY, PUBLIC • AN OPINION POLL CARRIED OUT BY EMNID AT THE END OF JUNE REVEALED THAT 50% OF GERMANS CONSIDER SNOWDEN A HERO, AND 35% WOULD HIDE HIM IN THEIR HOMES. 20
  • 21. HUMAN RIGHTS ORGANIZATIONS • AFTER AMNESTY INTERNATIONAL MET EDWARD SNOWDEN IN MOSCOW IN MID JULY 2013, SAID: "WHAT HE HAS DISCLOSED IS PATENTLY IN THE PUBLIC INTEREST AND AS A WHISTLEBLOWER HIS ACTIONS WERE JUSTIFIED. HE HAS EXPOSED UNLAWFUL SWEEPING SURVEILLANCE PROGRAMMES THAT UNQUESTIONABLY INTERFERE WITH AN INDIVIDUAL’S RIGHT TO PRIVACY. STATES THAT ATTEMPT TO STOP A PERSON FROM REVEALING SUCH UNLAWFUL BEHAVIOR ARE FLOUTING INTERNATIONAL LAW. FREEDOM OF EXPRESSION IS A FUNDAMENTAL RIGHT.“ 21
  • 22. CHINA AND HONG KONG REACTIONS OF INTERNET USERS IN CHINA WERE MIXED BETWEEN VIEWING A LOSS OF FREEDOM WORLDWIDE AND SEEING STATE SURVEILLANCE COMING OUT OF SECRECY THE SPOKESWOMAN OF MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA SAID, "CHINA STRONGLY ADVOCATES CYBER SECURITY.“ HONG KONG LEGISLATORS GARY FAN AND CLAUDIA MO WROTE A LETTER TO OBAMA STATING, "THE REVELATIONS OF BLANKET SURVEILLANCE OF GLOBAL COMMUNICATIONS BY THE WORLD'S LEADING DEMOCRACY HAVE DAMAGED THE IMAGE OF THE U.S. AMONG FREEDOM-LOVING PEOPLES AROUND THE WORLD." 22
  • 23. INDIA • MINISTER OF EXTERNAL AFFAIRS SALMAN KHURSHID DEFENDED THE PRISM PROGRAM SAYING, "THIS IS NOT SCRUTINY AND ACCESS TO ACTUAL MESSAGES. IT IS ONLY COMPUTER ANALYSIS OF PATTERNS OF CALLS AND EMAILS THAT ARE BEING SENT. IT IS NOT ACTUALLY SNOOPING SPECIFICALLY ON CONTENT OF ANYBODY'S MESSAGE OR CONVERSATION. SOME OF THE INFORMATION THEY GOT OUT OF THEIR SCRUTINY, THEY WERE ABLE TO USE IT TO PREVENT SERIOUS TERRORIST ATTACKS IN SEVERAL COUNTRIES." 23
  • 24. CORPORATE COMPANIES INVOLVED • MICROSOFT: "WE PROVIDE CUSTOMER DATA ONLY WHEN WE RECEIVE A LEGALLY BINDING ORDER OR SUBPOENA TO DO SO, AND NEVER ON A VOLUNTARY BASIS. IN ADDITION WE ONLY EVER COMPLY WITH ORDERS FOR REQUESTS ABOUT SPECIFIC ACCOUNTS OR IDENTIFIERS. IF THE GOVERNMENT HAS A BROADER VOLUNTARY NATIONAL SECURITY PROGRAM TO GATHER CUSTOMER DATA WE DON'T PARTICIPATE IN IT.“ • YAHOO!: "YAHOO! TAKES USERS' PRIVACY VERY SERIOUSLY. WE DO NOT PROVIDE THE GOVERNMENT WITH DIRECT ACCESS TO OUR SERVERS, SYSTEMS, OR NETWORK." "OF THE HUNDREDS OF MILLIONS OF USERS WE SERVE, AN INFINITESIMAL PERCENTAGE WILL EVER BE THE SUBJECT OF A GOVERNMENT DATA COLLECTION DIRECTIVE." • FACEBOOK: "WE DO NOT PROVIDE ANY GOVERNMENT ORGANIZATION WITH DIRECT ACCESS TO FACEBOOK SERVERS. WHEN FACEBOOK IS ASKED FOR DATA OR INFORMATION ABOUT SPECIFIC INDIVIDUALS, WE CAREFULLY SCRUTINIZE ANY SUCH REQUEST FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND PROVIDE INFORMATION ONLY TO THE EXTENT REQUIRED BY LAW." 24
  • 25. • GOOGLE: "GOOGLE CARES DEEPLY ABOUT THE SECURITY OF OUR USERS' DATA. WE DISCLOSE USER DATA TO GOVERNMENT IN ACCORDANCE WITH THE LAW, AND WE REVIEW ALL SUCH REQUESTS CAREFULLY. FROM TIME TO TIME, PEOPLE ALLEGE THAT WE HAVE CREATED A GOVERNMENT ‘BACK DOOR' INTO OUR SYSTEMS, BUT GOOGLE DOES NOT HAVE A BACKDOOR FOR THE GOVERNMENT TO ACCESS PRIVATE USER DATA." "ANY SUGGESTION THAT GOOGLE IS DISCLOSING INFORMATION ABOUT OUR USERS' INTERNET ACTIVITY ON SUCH A SCALE IS COMPLETELY FALSE." • APPLE: "WE HAVE NEVER HEARD OF PRISM. WE DO NOT PROVIDE ANY GOVERNMENT AGENCY WITH DIRECT ACCESS TO OUR SERVERS, AND ANY GOVERNMENT AGENCY REQUESTING CUSTOMER DATA MUST GET A COURT ORDER." • DROPBOX: "WE'VE SEEN REPORTS THAT DROPBOX MIGHT BE ASKED TO PARTICIPATE IN A GOVERNMENT PROGRAM CALLED PRISM. WE ARE NOT PART OF ANY SUCH PROGRAM AND REMAIN COMMITTED TO PROTECTING OUR USERS' PRIVACY." 25
  • 26. APPLICABLE LAW AND PRACTICE • SECTION 702 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) SECTION 702 PROVIDES THAT "THE ATTORNEY GENERAL AND THE DIRECTOR OF NATIONAL INTELLIGENCE MAY AUTHORIZE JOINTLY, FOR A PERIOD OF UP TO 1 YEAR FROM THE EFFECTIVE DATE OF THE AUTHORIZATION, THE TARGETING OF PERSONS REASONABLY BELIEVED TO BE LOCATED OUTSIDE THE UNITED STATES TO ACQUIRE FOREIGN INTELLIGENCE INFORMATION." IN ORDER TO AUTHORIZE THE TARGETING, THE ATTORNEY GENERAL AND DIRECTOR OF NATIONAL INTELLIGENCE NEED TO OBTAIN AN ORDER FROM THE FOREIGN INTELLIGENCE SURVEILLANCE COURT (FISA COURT) PURSUANT TO SECTION 702 OR CERTIFY THAT "INTELLIGENCE IMPORTANT TO THE NATIONAL SECURITY OF THE UNITED STATES MAY BE LOST OR NOT TIMELY ACQUIRED AND TIME DOES NOT PERMIT THE ISSUANCE OF AN ORDER." 26
  • 27. LITIGATIONS AMERICAN CIVIL LIBERTIES UNION (JUNE 11, 2013) • LAWSUIT FILED AGAINST THE NSA CITING THAT THE "MASS CALL TRACKING PROGRAM" (AS THE CASE TERMS PRISM) "VIOLATES AMERICANS' CONSTITUTIONAL RIGHTS OF FREE SPEECH, ASSOCIATION, AND PRIVACY" AND CONSTITUTES "DRAGNET" SURVEILLANCE, IN VIOLATION OF THE FIRST AND FOURTH AMENDMENTS TO THE CONSTITUTION, AND THEREBY ALSO "EXCEEDS THE AUTHORITY GRANTED BY 50 U.S.C. § 1861, AND THEREBY VIOLATES 5 U.S.C. § 706." 27
  • 28. FREEDOMWATCH USA (JUNE 11, 2013): • CLASS ACTION LAWSUIT AGAINST GOVERNMENT BODIES AND OFFICIALS BELIEVED RESPONSIBLE FOR PRISM, AND 12 COMPANIES (INCLUDING APPLE, MICROSOFT, GOOGLE, FACEBOOK, AND SKYPE AND THEIR CHIEF EXECUTIVES) WHO HAVE BEEN DISCLOSED AS PROVIDING OR MAKING AVAILABLE MASS INFORMATION ABOUT THEIR USERS' COMMUNICATIONS AND DATA TO THE NSA UNDER THE PRISM PROGRAM OR RELATED PROGRAMS. THE CASE CITES THE FIRST, FOURTH, AND FIFTH AMENDMENTS TO THE CONSTITUTION, AS WELL AS BREACH OF 18 U.S.C. 2702 (DISCLOSURE OF COMMUNICATIONS RECORDS), AND ASKS THE COURT TO RULE THAT THE PROGRAM OPERATES OUTSIDE ITS LEGAL AUTHORITY (S.215 OF THE PATRIOT ACT). 28
  • 29. HOW CAN I AVOID THIS? • YOU CAN'T. SHOULD I BE OUTRAGED? • PROBABLY! BUT MAYBE NOT. PRESIDENT OBAMA ADDRESSED PRISM AND ESSENTIALLY SAID, "DON'T WORRY. YOU CAN TRUST US." 29
  • 30. 30