More Leaks: NSA Collecting Millions Of Phone Records From Italy And Spain

from the next-up:-NSA-building-out-telco-infrastructure-in-developing-nations dept

The NSA has a majority of Europe under its surveillance. The latest revelations detail the agency grabbed the data on 60 million Spanish phone calls during roughly the same 30-day period it grabbed data on 70 million French calls. Add to that 46 million calls from Italy and you've got something that resembles the NSA's domestic surveillance (via the Section 215 bulk records collections) deployed abroad, according to Paul Hamilos' writeup for The Guardian.

An NSA graphic, entitled "Spain – last 30 days", reportedly shows the daily flow of phone calls within Spain, and that on one day alone – 11 December 2012 – the NSA monitored more than 3.5m phone calls. It appears that the content of the calls was not monitored but the serial and phone numbers of the handsets used, the locations, sim cards and the duration of the calls were. Emails and other social media were also monitored.
More specifically, there's an untold number of European officials receiving more intense scrutiny from the agency (Merkel and 35 others, according to the numbers being thrown around), with German Chancellor Angela Merkel being the most notable, or at least, the most publicly outraged (although, as Glenn Greenwald points out, largely silent when news broke that the NSA was spying on German citizens). Whether Obama did or didn't know about this surveillance of Merkel, which went on for more than a decade, is hardly worth determining. If he did, it's the acceptable lying face of international diplomacy. But if he truly didn't, it just shows how completely secretive the NSA has been. The NSA constantly points to "rigorous oversight" when defending its actions, but there's no one person or group in the government that seems to have been fully apprised of its activities.

Spain has reacted to this news much like France did and has summoned the US Ambassador for an explanation and (presumably) a bit of yelling. Despite the fact that nations spy on other nations all the time, the public outcry surrounding these leaks has prompted a unified European front demanding answers and changes from the US. This may not all be a diversion, however. While nations are completely expected to spy on other state agencies and officials (like Merkel, etc.), the collection of data on millions of private phone calls isn't.

The outcry has also helpfully diverted attention away from these nations' own domestic surveillance programs. France apparently has domestic surveillance that rivals the NSA's, but that's being buried by the pushback against the NSA's bulk collections. According to a commentary piece in eldiaro.es, Spain has its own domestic surveillance program that is roughly aligned with the bulk records collections in the US. And, unsurprisingly, there's very little oversight governing these activities, as is explained here by Hamilos.
Under Spanish law a judge must give permission before a phone can be tapped, and is then required to permanently supervise the execution of that legal order. According to Boye, there are around one million phone lines currently being monitored in Spain, and given the number of judges, he says that works out at an average 600 wiretaps supposedly being supervised by each judge. That's a lot of work. As he suggests, it is impossible that this monitoring is really receiving any proper judicial oversight.
While it may seem odd for the NSA to be viewed a scapegoat, there's plenty of evidence out there that the countries making the most noise about US spying are deploying plenty of intrusive domestic surveillance of their own.

As we discussed last week, the UK's GCHQ has been covering up its activities for years in order to avoid being "held back" by the country's laws. The GCHQ has also enjoyed a mutually advantageous relationship with the NSA over the years, receiving "tens of millions of dollars" to fund surveillance programs that feed directly or indirectly into the US agency's intel.

In recent weeks, UK Prime Minister David Cameron has gone on record to condemn The Guardian's decision (and to urge the opening of an investigation) to publish leaked documents and claimed that its decision to do so has harmed the security of the nation. Despite these bursts of pro-spying rhetoric, Cameron has now added his signature to a EU memorandum expressing concern about the NSA's foreign spying. Somewhere between hypocrisy and desperation lies Cameron, a man who vigorously defends his nation's domestic spying apparatus (and by extension, the NSA's activities) but feels compelled by forces beyond his control to present a unified front with Europe's more powerful nations.
To those outside the diplomatic bubble, the statement might seem anodyne, but it is already being interpreted as a slap in the face to Washington because it talks of the US-EU partnership being "based on respect and trust, including as concerns the work and co-operation of secret services".

The line in the memorandum warning that "a lack of trust could prejudice" counter-terrorism operations is particularly wounding for Cameron, seeing as Downing Street is desperate to claim that Edward Snowden's leaked documents – not the behaviour of the NSA or GCHQ – have been a gift to terrorists and criminals.
UK intelligence agencies have definitely benefited from the NSA's actions, actions which are now being decried all over Europe. Cameron may be in a bad position at the moment (but he's also on the way out the door...), but his signature delivered out of obligation will have little effect on the cozy relationship between the US and UK intelligence agencies. Neither country's intelligence agencies are willing to give up this two-way flow of information. If anything, the NSA will be receiving information it can't get elsewhere, even with the programs it's deployed all over Europe. The laws governing the GCHQ have given the agency a very exploitable phrase (on par with the NSA's interpretation of the word "relevant") which gives the agency the legal authority to pursue other nation's officials even more extensively than the NSA can, as the Guardian's Nick Hopkins points out.
When the Intelligence Services Act was passed in 1994 it included a line – inserted at the last minute – that Britain's spy agencies could legitimately seek intelligence that would support the "economic wellbeing" of the country. This provision is one of the most opaque in the legislation and could be interpreted to justify espionage on just about any head of state or company chief executive, though this would require ministerial approval.
If "ministerial approval" equates roughly with the approval process of the FISA court, then there's effectively no limit to who the GCHQ can pursue. Earlier reporting suggests this is the case.

So, while Europe is being hit with details of foreign spying, European leaders are keeping the focus on the NSA while their own domestic surveillance programs continue unabated. As more details surface, this convenient facade is likely to crumble. If the US is working with the GCHQ to spy on citizens of the UK, there's no doubt it has set up data-sharing surveillance programs in other countries as well.



Reader Comments (rss)

(Flattened / Threaded)

  •  
    icon
    RyanNerd (profile), Oct 28th, 2013 @ 10:46am

    More countries for Obummer to call...

    and make lame apologies and plausible deniability. No one is surprised at all by the tip of the NSA data gathering iceberg running deep into the ocean.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Oct 28th, 2013 @ 10:49am

    Dayum!!!

    It's a good thing that Obama didn't know about any of this! Looks like he will have to run around bowing and scraping again to apologize to everyone about what Bush started and he failed to stop.

    Hope & Change!

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Oct 28th, 2013 @ 11:04am

    Spying isn't ok just because it's done all the time

    If spying on our allies is ok because nations spy on each other all the time, then why aren't things like murder ok Tim? After all, people are murdered all the time, every day. Same with any other crime, like theft, rape, bribery, blackmail, etc.

    It's hypocritical to pretend this kind of massive illegal spying by America on foreign countries is less wrong simply because those countries do it to. That's like saying it's less wrong for a rapist to rape someone's whole family simply because one person in that family they raped was a rapist themselves.

     

    reply to this | link to this | view in chronology ]

    •  
      identicon
      Anonymous Coward, Oct 28th, 2013 @ 11:41am

      Re: Spying isn't ok just because it's done all the time

      The truth is, Allies spy on each other all the time. This is normal and expected. It's one of those unwritten rules of international diplomacy.

      However, the next unwritten rule of diplomacy is that you can't get caught doing it. Or, if you do, you should have some plausible deniability.

      The mistake the USA made - besides getting caught - was having such a massive espionage programme that any plausible deniability they might have is blown to pieces. You just can't have such a huge espionage apparatus and not know anything about it.

      The shitstorm that follows was predictable.

       

      reply to this | link to this | view in chronology ]

      •  
        icon
        Old Fool (profile), Oct 28th, 2013 @ 1:31pm

        Re: Re: Spying isn't ok just because it's done all the time

        There is a massive difference between discovering other countries arms abilities and deployment of forces (that's spying) and listening to EVERY SINGLE PHONE/EMAIL from private individuals. That is just wrong on so many levels.
        Who exactly are they 'defending' us from anyway? I would find American paranoia amusing if it did not affect me directly - I pose absolutely no threat to anyone, I would like those in power to stop abusing it, is that considered a threat to anyone?

         

        reply to this | link to this | view in chronology ]

      •  
        icon
        PaulT (profile), Oct 29th, 2013 @ 2:07am

        Re: Re: Spying isn't ok just because it's done all the time

        "This is normal and expected"

        ...and that's the problem. Some people literally can't tell the difference between this and targeted surveillance on specific individuals, so having your citizens lose every aspect of privacy to a foreign power is meant to be just fine. What a load of crap, and you're probably just accepting it because you were the target of one single terrorist attack that made you shit yourself a few years ago.

         

        reply to this | link to this | view in chronology ]

    •  
      identicon
      Anonymous Coward, Oct 29th, 2013 @ 11:08am

      Re: Spying isn't ok just because it's done all the time

      I have kinda kept my opinion to myself, however, I remember quite clearly in the early 2000's when I stood here screaming that this would happen.

      I got called a traitor to my country and a terrorist.

      This was WAY before Obama was president.

      I'm so #@$%#$% tired of people trying to push this off as an Obama thing.

      Every last one of us Americans are to blame because we elected the people that are passing these laws, and we continue to reward these elected officials that refuse to listen to the people.

      Stop pointing the blame at the parties, and point it squarely at yourself. You are too afraid to vote for what's right because you might lose your house in the suburbs, and your 5 flat screen tv's, with your 2.5 kids.

      The hypocrisy is maddening.

       

      reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Oct 28th, 2013 @ 11:08am

    'If the US is working with the GCHQ to spy on citizens of the UK, there's no doubt it has set up data-sharing surveillance programs in other countries as well.'

    you can bet your ass that the UK is using it's position to spy on EU allies to get information the US is unable to. this makes things even worse really, because it makes the UK to be the worst of the bunch. spying on EU countries and passing the info to the USA, with the USA spying on others and passing info on to the UK. and all the while, terrorists everywhere must be laughing their bollocks off at the total incompetence and the ridiculousness of the whole situation when not a single terrorist has been caught! and i suspect it's because they are letting all these nations destroy each other. they dont have to do a thing!!

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Oct 28th, 2013 @ 11:09am

    Typo typo

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Oct 28th, 2013 @ 11:25am

    An NSA graphic, entitled "Spain last 30 days

    An NSA graphic, entitled "Spain last 30 days"

    And, in other news, Generalissimo Francisco Franco is still dead.

    Jane, you ignorant slut.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Oct 28th, 2013 @ 12:50pm

    The only sections of the internet US and UK can't monitor, is probably land lines between China, Russia. and a few Middle Eastern states.

    GCHQ and NSA monitor almost all intercontinental traffic across the Atlantic Ocean.

    GCHQ and Sweden monitor most of Europe. NSA is right in the middle of Canada and Mexico. NSA monitors all of them, plus traffic they get from South America that needs to be routed through fiber cables in the ocean.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    wavettore, Oct 28th, 2013 @ 2:47pm

    The next big surprise

    Indiscriminate monitoring everywhere did not happen with Obama but with George W. Bush, the author of 9/11. All that is happening is the prelude to the next big surprise. Since George H. Bush was CIA director, the US secret State agencies had played a double role to get to today when every person is constantly monitored by NSA and other agencies not to report information to the US Government but to feed with all data the embryo of a new superpower, apparatus of the New World Order. In our time, a small group of Zionists, like a hidden parallel government, with George Bush still today at the head of secret services in the US, UK and Israel, is the destabilizing force behind most terror events and with classified information at disposal and a private army is plotting what now would seem unthinkable to many.

    http://www.wavevolution.org/en/humanwaves.html

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    Mega1987 (profile), Oct 28th, 2013 @ 6:22pm

    Question:

    Is NSA increases the chances of catching/stopping Terrorst this way? Or just add more than a DECADE worth of hay into the existing hay stack THAT'S not even processed by 10% of it yet?


    I think we all know the answer to this one by the common people who uses common sense here...


    Those who DON'T have common sense...
    Yeah, Right... As if adding more materials will make the process faster or anything....

     

    reply to this | link to this | view in chronology ]

    •  
      icon
      That One Guy (profile), Oct 28th, 2013 @ 9:03pm

      Re: Question:

      Yeah, once you reach a certain point in database size(a point the NSA blew clean past years ago), it becomes useless for preventing attacks, and only good to look for, after the fact, what you missed.

       

      reply to this | link to this | view in chronology ]

  •  
    icon
    Ninja (profile), Oct 29th, 2013 @ 2:34am

    talks of the US-EU partnership being "based on respect and trust, including as concerns the work and co-operation of secret services".

    There's no respect of trust left towards the Governments in general. Which is sad and problematic in the long run. Maybe it'll be fixed once they started being Governments by the people for the people. Not happening it seems.

     

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This